4.1.10 Frame Error Rate 
The physical layer shall be capable of adapting the modulation, coding, and power levels to accommodate RF signal deterioration between the BS and user terminals. The air interface may use appropriate ARQ schemes to ensure that error rates are reduced to a suitably low level in order to accommodate higher level IP based protocols (for example, TCP over IP). The frame error rate shall be less than 1 percent, with 95% confidence, after channel decoding and before any link-level ARQ, measured under conditions specified in Section xx.
Rationale 
The purpose of the requirement is to specify the physical layer performance for delivery of data frames for upper protocol layers by the air interface. It is not written as a RF sensitivity requirement, which is covered in the RF section (4.2.1). The RF sensitivity requirement will specify the Eb/No, channel model, etc.
The 95% confidence statement is recommended to set the framework for the measurement of a statistical parameter. 
The change of the requirement to reference "frame" instead of "packet" limits the requirement to the physical layer. If written in terms of "packets" or "IP packets", the requirement would span across multiple protocol layers, which should be avoided. This wording change also simplifies interpretation of the requirement.
The meaning of “appropriate ARQ schemes” could include no ARQ. In this rendering the frame error rate detection point follows physical layer processing, which includes any applicable physical layer ARQ, but before any applicable link layer ARQ.