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[ubuntu] After 'restart' no available wifi connections, hard boot works fine?

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http://ubuntuforums.org – I am running 12.10 and the infamous rtl8723e - how ever I believe this is not driver related, once it's working it works fine with network-manager. If I shut down with the rtl8723e (working or not) in ubuntu, there is no issue once I boot back up. If I shut down or restart in windows (working or not), it works fine upon next boot. If the card is working and I 'restart' in ubuntu, the card loses functionality. Even if after 'restarting' if I choose Windows from grub, the problem persists in windows. The OS can see the card, but no networks are available, cannot force a connection or a scan. (Hardware)