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IWR6843: So we can only transmit -10dBm in the U.S.?

Part Number: IWR6843

From this related thread, the FCC requirement is -10dBm peak conducted AND +10dBm peak EIRP.  Your suggestion is to back off power.  If we back power off 20dB, the IWR6843ISK is practically unusable in a people-counting scenario.  It is a peak measurement and not averaged, so we can't take advantage of the sweep.  What am I missing?  The configuration for all of the TI demos have 0dB backoff, which is what we have been working with.  Please help me understand how anybody can work in this band with FCC.  Thanks.

Darin