said by Karl Bode 
:The statement that working devices utilizing spectrum sensing have not been presented to the FCC is false.
Good thing nobody made that statement, then!
The first prototype failed to detect and avoid nearby signal, this latest suffered from a power supply failure -- though maybe it subsequently performed ok -- nobody knows because the final results haven't been announced...
I believe Microsoft is claiming that the FCC failed to test the backup unit after the primary experienced a hardware failure.
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