Ultra-Wideband Transmission Systems, 6771-6776 [05-2505]
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Federal Register / Vol. 70, No. 26 / Wednesday, February 9, 2005 / Rules and Regulations
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this document and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication in the Federal Register. A
major rule cannot take effect until 60
days after it is published in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2). This
action will be effective April 11, 2005.
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous material transportation,
Hazardous waste, Indians lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of sections 2002(a), 3006 and
7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: January 18, 2005.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. 05–2457 Filed 2–8–05; 8:45 am]
collection requirements and were
published in the Federal Register on
February 6, 2004. This document
announces the effective date of these
published rules.
DATES: The amendments to 47 CFR
1.1307, 2.1033, 2.1204, 25.129 and
25.132 published at 69 FR 5707,
February 6, 2004, became effective on
March 8, 2004.
FOR FURTHER INFORMATION CONTACT:
William Bell, Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554, (202) 418–0741
or via the Internet at
William.Bell@fcc.gov.
SUPPLEMENTARY INFORMATION: On July
22, 2004, the Office of Management and
Budget (OMB) approved the information
collection requirements contained in 47
CFR 1.1307, 2.1033, 2.1204, 25.129 and
25.132 pursuant to OMB Control No.
3060–1063. Accordingly, the
information collection requirements
contained in these rules became
effective on March 8, 2004.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05–2503 Filed 2–8–05; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
BILLING CODE 6560–50–P
47 CFR Part 15
[ET Docket No. 98–153; FCC 04–285]
FEDERAL COMMUNICATIONS
COMMISSION
Ultra-Wideband Transmission Systems
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
47 CFR Parts 1, 2, and 25
[IB Docket No. 99–67; FCC 03–283]
Implement the Global Mobile Personal
Communications by Satellite (GMPCS)
Memorandum of Understanding and
Arrangements
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
SUMMARY: The Commission adopted
new rules and policies pertaining to
portable Global Mobile Personal
Communications by Satellite (GMPCS)
transceivers, i.e., satellite telephones
and other portable transceivers operated
by end users for communication via
direct radio links with satellites. These
devices are used for both voice and data
communication and may be used for
internet access or other modes of
broadband communication. Certain
rules contained new information
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SUMMARY: This document responds to
two petitions for reconsideration that
were filed in response to the
Commission’s decision to establish
regulations for unlicensed ultrawideband (‘‘UWB’’) operation. It also
responds to the rule making proposals
contained in the Memorandum Opinion
and Order and Further Notice of
Proposed Rule Making in this docket.
The order establishes new rules for
wideband unlicensed devices operating
in the 5925–7250 MHz, 16.2–17.7 GHz,
and 22.12–29 GHz bands.
DATES: Effective March 11, 2005.
FOR FURTHER INFORMATION CONTACT: John
Reed (202) 418–2455, Policy and Rules
Division, Office of Engineering and
Technology.
This is a
summary of the Second Report and
Order and Second Memorandum
SUPPLEMENTARY INFORMATION:
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Opinion and Order (‘‘2nd R&O and 2nd
MO&O’’), FCC 04–285, adopted
December 15, 2004, and released
December 16, 2004. The full text of this
document is available for inspection
and copying during regular business
hours in the FCC Reference Center
(Room CY–A257), 445 12th Street, SW.,
Washington, DC 20554. The complete
text of this document also may be
purchased from the Commission’s copy
contractor, Best Copy and Printing, Inc.
445 12th Street, Room CY–B402,
Washington, DC, (202) 488–5300; FAX
(202) 488–5563. The full text may also
be downloaded at: www.fcc.gov.
Alternative formats are available to
persons with disabilities by contacting
Brian Millin at (202) 418–7426 or TTY
(202) 418–7365.
Summary of Second Report and Order
1. On February 14, 2002, the
Commission adopted a First Report and
Order implementing regulations to
permit the unlicensed operation of
ultra-wideband transmission systems. In
response to fourteen petitions for
reconsideration, a Memorandum
Opinion and Order and Further Notice
of Proposed Rule Making (‘‘MO&O and
FNPRM’’) was adopted on February 13,
2003, 69 FR 19746 and 69 FR 19773,
April 22, 2003. Specifically, the
Commission proposed amendments to
four areas of its part 15 regulations.
These amendments addressed: (1) The
operation of low PRF systems in the
3.1–10.6 GHz band; (2) the measurement
procedures applied to frequency
hopping vehicular radar systems
operating in the 22–29 GHz band; (3) the
peak power limits applicable to widebandwidth, non-UWB part 15
transmitters; and (4) the elimination of
the UWB definition.
2. Low PRF UWB systems. In the
FNPRM, the Commission invited
comment on whether to amend the rules
to permit the operation of any UWB
product under the UWB standards
currently designated for hand-held
devices as long as the PRF does not
exceed 200 kHz and the equipment
employs a pulsed or an impulse
modulation. In the 2nd R&O, the
Commission declines to amend its rules
stating that low PRF systems can have
a higher potential for causing
interference unless some type of signal
processing is incorporated in the victim
receiver. The Commission will
accommodate the requests from the
equipment developers by increasing the
peak power emission limit for select
frequency bands available under the
non-UWB part 15 regulations.
3. Non-UWB peak power emission
limits. When an average emission limit
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is specified for non-UWB devices, the
rules also specify a limit on peak power
that is 20 dB greater than the average
limit. In some cases, peak measurement
by a spectrum analyzer requires the
application of a pulse desensitization
correction factor (‘‘PDCF’’) in order to
compensate for the analyzer’s inability
to respond fast enough to measure the
true peak for pulse widths narrower
than the inverse of the resolution
bandwidth. This peak limit may
effectively prohibit some wideband
operations. Further, a limit on the total
peak power level is not well suited to
measure the operation of, or represent
the interference potential of,
transmitters that employ extremely wide
bandwidths. For that reason, the
Commission proposed in the FNPRM to
implement the same peak limit that is
applied to UWB systems.
4. The total peak power of such a
wideband system is not relevant to the
interference potential of the device.
Rather, it is the potential power in the
bandwidth of the victim receiver that is
relevant. In the 2nd R&O, the
Commission recognizes that allowing
increased peak power levels could have
an impact on some radio services and
also expresses concerned that allowing
higher peak power levels could result in
a significant increase in the number of
consumer products along with a
corresponding increase in interference
potential. Thus, it believes that cautious
constraints on the permitted frequency
bands of operation and the standards for
operation within those bands are
necessary while it gains experience.
5. The Commission is amending its
part 15 rules to permit higher peak
emission levels in the 5925–7250 MHz
band, indicating that the fixed, fixedsatellite, and mobile systems employed
in this band likely incorporate a
sufficient level of signal processing to
reduce, if not eliminate, their
vulnerability to increased peak emission
levels, or it is expected that such
authorized systems would generally be
located in remote areas or with the
receiving antennas situated in such a
manner that they would not be routinely
subject to emissions from nearby part 15
devices. The Commission also is
permitting higher peak emission levels
in the 16.2–17.7 GHz band but will limit
operation within this band to vehicular
back-up assistance radars that operate
only when the vehicle is in reverse. This
will significantly limit the proliferation
of such devices and should ensure that
harmful interference does not occur to
the authorized radio services. Potential
equipment manufacturers are
forewarned that the 17.3–17.7 GHz
portion of the 16.2–17.7 GHz band has
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been allocated in Region 2 and the
United States for the Broadcast Satellite
Service, effective April 1, 2007. Once
this allocation becomes effective, there
is a possibility that the 17.3–17.7 GHz
band may become designated as a
restricted band and that part 15
fundamental emissions will be
prohibited in this portion of the
spectrum.
6. A peak EIRP limit of 20 log (RBW/
50) dBm is adopted for the 5925–7250
MHz and 16.2–17.7 GHz bands, with
RBW, the resolution bandwidth of the
measurement instrument, being 1 to 50
MHz. This peak limit applies to the 50
MHz band centered at the frequency at
which the highest average emission
level occurs. RBW must be no greater
than the ¥10 dB bandwidth of the
emission. If frequency hopping or
stepped frequency modulation is
employed, the frequency hop or step
function shall be disabled and the
transmitter shall operate continuously
on a fundamental frequency to measure
the ¥10 dB bandwidth that is used to
determine the maximum RBW that may
be employed for the peak emission
level. For transmitters operating under
these new peak limits, the Commission
is adopting the more stringent UWB
average emission specifications
requested by the National
Telecommunications and Information
Administration (‘‘NTIA’’). These limits
and other pertinent standards are shown
in the accompanying changes to the
rules.
7. Vehicular radar systems. In the
FNPRM, the Commission proposed to
permit pulsed frequency hopping
vehicular radars to be included under
the definition of a UWB device provided
the transmitters occupy the minimum
required bandwidth within any 10
millisecond period rather than at any
instantaneous point in time. However,
the Commission is unwilling at this
time to classify as a UWB device a
frequency hopping transmitter that
emits relatively narrowband signals.
However, the systems can be
accommodated under the non-UWB
rules by increasing the peak power
emission limit. As requested by NTIA,
a frequency hopped vehicular radar
system may not operate in the restricted
bands. Thus, the frequency band of
operation that is being established for
this vehicle radar system is 23.12–29.0
GHz, exclusive of the restricted band at
23.6–24.0 GHz. Vehicular radar
transmitters operating under these new
peak limits also will be subject to limits
similar to the UWB average emission
specifications, as requested by NTIA.
Any type of modulation may be
employed. These limits and other
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pertinent standards are shown in the
accompanying changes to the rules.
8. The interference aspects of a
transmitter employing frequency
hopping, stepped frequency modulation
or gating are quite similar, as viewed by
a receiver, in that both appear to the
receiver to emit for a short period of
time followed by a quiet period.
Permitting the emissions from frequency
hopping systems to be measured with
the hopping active could give such
systems a competitive advantage by
permitting higher instantaneous average
power levels than what are allowed for
gated systems. Thus, the Commission
also is eliminating the requirement that
gated or stepped systems operating
under this new regulation be tested with
the gating or step function turned off.
However, no provision is provided to
permit transmitters employing swept
frequency modulation to perform
measurements with the sweep stopped.
The Commission also is adopting
NTIA’s requested measurement
procedure requiring that the RMS
average and peak emission
measurements be repeated with the
analyzer in the maximum hold mode
until there is no significant increase,
i.e., less than 3 dB, in any of the
maximum hold values.
9. The UWB regulations for operation
in the 22–29 GHz band require
vehicular radar systems that employ
gating to be measured with the
transmitter gated on and should be
subject to the same measurement
procedures. Thus, the Commission is
amending the UWB regulations to
permit the emissions from gated
vehicular radar systems to be measured
with the gating active. However, as
requested by NTIA similar provisions
are not being applied to UWB systems
that employ frequency hopping, stepped
frequency or similar modulation
techniques.
10. Clarification of existing non-UWB
peak power emission limits. As
proposed in the FNPRM, the
Commission is amending 47 CFR
15.35(b) to clarify that the peak power
requirement applies to the total peak
power produced by the device, unless
specifically stated otherwise, and may
necessitate the use of a PDCF. This
clarification does not result in any
changes to the current part 15 standards
and should eliminate any confusion on
the need to apply a PDCF under certain
modulation and measurement
conditions.
11. UWB definition. In the FNPRM,
the Commission proposed to eliminate
the minimum bandwidth requirement
and to permit the operation of any
transmission system, regardless of its
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bandwidth, as long as it complies with
the standards for UWB operation set
forth in Subpart F of 47 CFR part 15.
However, the Commission has
accommodated the narrowband
operations sought by the proponents in
this proceeding through its amendments
to the peak power levels while keeping
any further expansion of equipment
applications out of the sensitive
restricted bands. Because of these
changes, there is no necessity at this
time to eliminate the UWB minimum
bandwidth requirements. Such changes
could be disruptive and could further
delay the introduction of UWB devices.
Summary of Second Memorandum
Opinion and Order
12. The 2nd MO&O addresses two
petitions for reconsideration that were
filed in response to the Memorandum
Opinion and Order and Further Notice
of Proposed Rule Making. Cingular, Inc.
objected to the presence and level of
emissions from UWB devices that may
appear in the frequency bands allocated
for the Cellular Radiotelephone Service
(‘‘cellular’’) and for the Personal
Communications Services (‘‘PCS’’);
claimed that the Commission can not
legally permit the unlicensed operation
of radio frequency (‘‘RF’’) devices
except as specifically authorized by
Congress under 47 U.S.C. 307(e); and
claimed that cellular and PCS licensees
have exclusive use of the spectrum
assigned to their respective operations
and that any emissions from UWB
devices undermine this exclusivity. The
issues raised by Cingular are dismissed
or denied, as appropriate. The Satellite
Industry Association (‘‘SIA’’) argued
that the UWB emission limits in the
3650–4200 MHz band used by C-band
fixed satellite systems (‘‘FSS’’) are
excessive and will result in harmful
interference. The SIA petition is denied.
Administrative Provisions
13. The Commission will send a copy
of this Second Report & Order and
Second Memorandum Opinion and
Order in a report to be sent to Congress
and the General Accounting Office
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
14. Final Regulatory Flexibility
Certification. The Regulatory Flexibility
Act of 1980, as amended (RFA),1
requires that a regulatory flexibility
analysis be prepared for notice-andcomment rule making proceedings,
unless the agency certifies that ‘‘the rule
will not, if promulgated, have a
1 The RFA, see 5 U.S.C. 601–612, has been
amended by the Small Business Regulatory
Enforcement Fairness Act of 1996 (SBREFA), Public
Law 104–121, Title II, 110 Stat. 857 (1996).
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significant economic impact on a
substantial number of small entities.’’ 2
The RFA generally defines the term
‘‘small entity’’ as having the same
meaning as the terms ‘‘small business,’’
‘‘small organization,’’ and ‘‘small
governmental jurisdiction.’’ 3 In
addition, the term ‘‘small business’’ has
the same meaning as the term ‘‘small
business concern’’ under the Small
Business Act.4 A ‘‘small business
concern’’ is one which: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the Small Business
Administration (SBA).5
15. In this Second Report and Order
and Second Memorandum Opinion and
Order, we are implementing a change to
the rules to facilitate the operation of
wideband unlicensed transmitters. We
also are responding to two petitions for
reconsideration regarding rules that
permit the marketing and operation of
products incorporating ultra-wideband
(‘‘UWB’’) technology. UWB devices
operate by employing very narrow or
short duration pulses that result in very
large or wideband transmission
bandwidths. With appropriate technical
standards, UWB devices can operate on
spectrum occupied by existing radio
services without causing interference,
thereby permitting scarce spectrum
resources to be used more efficiently.
Further, as noted in the text we have
continued to apply conservative limits
to the standards applicable for UWB
operation, until such time as we gain
additional experience, to ensure that
harmful interference would not be
caused to other radio spectrum users.
Further, the changes adopted in this
proceeding will not affect any party
legally manufacturing or marketing
UWB devices. Thus, we expect that our
actions do not amount to a significant
economic impact. Accordingly, we
certify that the rules being adopted in
this Memorandum Opinion and Order
will not have a significant economic
impact on a substantial number of small
entities.
16. The Commission will send a copy
of the Second Report and Order and
U.S.C. 605(b).
3 5 U.S.C. 601(6).
4 5 U.S.C. 601(3) (incorporating by reference the
definition of ‘‘small-business concern’’ in the Small
Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C.
601(3), the statutory definition of a small business
applies ‘‘unless an agency, after consultation with
the Office of Advocacy of the Small Business
Administration and after opportunity for public
comment, establishes one or more definitions of
such term which are appropriate to the activities of
the agency and publishes such definition(s) in the
Federal Register.’’
5 15 U.S.C. 632.
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Second Memorandum Opinion and
Order, including a copy of this Final
Regulatory Flexibility Certification, in a
report to Congress pursuant to the
Congressional Review Act.6 In addition,
the Second Report and Order and
Second Memorandum Opinion and
Order and this final certification will be
sent to the Chief Counsel for Advocacy
of the SBA, and will be published in the
Federal Register.7
17. Ordering Clauses. This action is
taken pursuant to Sections 4(i), 302,
303(e), 303(f), 303(r), 304 and 307 of the
Communications Act of 1934, as
amended, 47 U.S.C. Sections 154(i), 302,
303(e), 303(f), 303(r), 304 and 307. It
also is ordered that part 15 of the
Commission’s Rules and Regulations is
amended as specified in rule changes,
effective 30 days after publication in the
Federal Register. It is ordered that the
Petition for Reconsideration from
Cingular, Inc., is denied. It is ordered
that the Petition for Reconsideration
from Satellite Industry Association is
dismissed.
18. The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Second Report and Order and
Second Memorandum Opinion and
Order, including the Final Regulatory
Flexibility Certification, to the Chief
Counsel for Advocacy of the Small
Business Administration.
19. It is further ordered that this
proceeding is terminated.
List of Subjects 47 CFR Part 15
Communications equipment, Radio,
Reporting and recordkeeping
requirements, Security measures.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
Rule Changes
For the reasons discussed in the
preamble, title 47 of the Code of Federal
Regulations, part 15, is amended as
follows:
I
PART 15—RADIO FREQUENCY
DEVICES
1. The authority citation for part 15
continues to read as follows:
I
Authority: 47 U.S.C. 154, 302a, 303, 304,
307, 336 and 544a.
2. Section 15.35 is amended by
revising paragraph (b) to read as follows:
I
§ 15.35 Measurement detector functions
and bandwidths.
*
*
6 See
7 See
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*
*
5 U.S.C. 801(a)(1)(A).
5 U.S.C. 605(b).
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(b) Unless otherwise specified, on any
frequency or frequencies above 1000
MHz, the radiated emission limits are
based on the use of measurement
instrumentation employing an average
detector function. Unless otherwise
specified, measurements above 1000
MHz shall be performed using a
minimum resolution bandwidth of 1
MHz. When average radiated emission
measurements are specified in this part,
including average emission
measurements below 1000 MHz, there
also is a limit on the peak level of the
radio frequency emissions. Unless
otherwise specified, e.g., see §§ 15.250,
15.252, 15.255, and 15.509–15.519, the
limit on peak radio frequency emissions
is 20 dB above the maximum permitted
average emission limit applicable to the
equipment under test. This peak limit
applies to the total peak emission level
radiated by the device, e.g., the total
peak power level. Note that the use of
a pulse desensitization correction factor
may be needed to determine the total
peak emission level. The instruction
manual or application note for the
measurement instrument should be
consulted for determining pulse
desensitization factors, as necessary.
*
*
*
*
*
I 3. Section 15.215 is amended by
revising paragraph (c), to read as follows:
§ 15.215 Additional provisions to the
general radiated emission limitations.
*
*
*
*
*
(c) Intentional radiators operating
under the alternative provisions to the
general emission limits, as contained in
§§ 15.217 through 15.257 and in Subpart
E of this part, must be designed to
ensure that the 20 dB bandwidth of the
emission, or whatever bandwidth may
otherwise be specified in the specific
rule section under which the equipment
operates, is contained within the
frequency band designated in the rule
section under which the equipment is
operated. The requirement to contain
the designated bandwidth of the
emission within the specified frequency
band includes the effects from
frequency sweeping, frequency hopping
and other modulation techniques that
may be employed as well as the
frequency stability of the transmitter
over expected variations in temperature
and supply voltage. If a frequency
stability is not specified in the
regulations, it is recommended that the
fundamental emission be kept within at
least the central 80% of the permitted
band in order to minimize the
possibility of out-of-band operation.
I 4. Section 15.250 is added to read as
follows:
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§ 15.250 Operation of wideband systems
within the band 5925–7250 MHz.
(a) The ¥10 dB bandwidth of a device
operating under the provisions of this
section must be contained within the
5925–7250 MHz band under all
conditions of operation including the
effects from stepped frequency,
frequency hopping or other modulation
techniques that may be employed as
well as the frequency stability of the
transmitter over expected variations in
temperature and supply voltage.
(b) The ¥10 dB bandwidth of the
fundamental emission shall be at least
50 MHz. For transmitters that employ
frequency hopping, stepped frequency
or similar modulation types,
measurement of the ¥10 dB minimum
bandwidth specified in this paragraph
shall be made with the frequency hop or
step function disabled and with the
transmitter operating continuously at a
fundamental frequency following the
provisions of § 15.31(m).
(c) Operation on board an aircraft or
a satellite is prohibited. Devices
operating under this section may not be
employed for the operation of toys.
Except for operation onboard a ship or
a terrestrial transportation vehicle, the
use of a fixed outdoor infrastructure is
prohibited. A fixed infrastructure
includes antennas mounted on outdoor
structures, e.g., antennas mounted on
the outside of a building or on a
telephone pole.
(d) Emissions from a transmitter
operating under this section shall not
exceed the following equivalent
isotropically radiated power (EIRP)
density levels:
(1) The radiated emissions above 960
MHz from a device operating under the
provisions of this section shall not
exceed the following RMS average
limits based on measurements using a 1
MHz resolution bandwidth:
Frequency in MHz
1164–1240 ....................................
1559–1610 ....................................
EIRP in
dBm
¥85.3
¥85.3
(3) There is a limit on the peak level
of the emissions contained within a 50
MHz bandwidth centered on the
frequency at which the highest radiated
emission occurs and this 50 MHz
bandwidth must be contained within
the 5925–7250 MHz band. The peak
EIRP limit is 20 log (RBW/50) dBm
where RBW is the resolution bandwidth
in megahertz that is employed by the
measurement instrument. RBW shall not
be lower than 1 MHz or greater than 50
MHz. The video bandwidth of the
measurement instrument shall not be
less than RBW. If RBW is greater than
3 MHz, the application for certification
filed with the Commission shall contain
a detailed description of the test
procedure, calibration of the test setup,
and the instrumentation employed in
the testing.
(4) Radiated emissions at or below
960 MHz shall not exceed the emission
levels in § 15.209.
(5) Emissions from digital circuitry
used to enable the operation of the
transmitter may comply with the limits
in § 15.209 provided it can be clearly
demonstrated that those emissions are
due solely to emissions from digital
circuitry contained within the
transmitter and the emissions are not
intended to be radiated from the
transmitter’s antenna. Emissions from
associated digital devices, as defined in
§ 15.3(k), e.g., emissions from digital
circuitry used to control additional
functions or capabilities other than the
operation of the transmitter, are subject
to the limits contained in subpart B of
this part. Emissisons from these digital
circuits shall not be employed in
determining the ¥10 dB bandwidth of
the fundamental emission or the
EIRP in
frequency at which the highest emission
Frequency in MHz
dBm
level occurs.
(e) Measurement procedures:
960–1610 ......................................
¥75.3
(1) All emissions at and below 960
1610–1990 ....................................
¥63.3
1990–3100 ....................................
¥61.3 MHz are based on measurements
3100–5925 ....................................
¥51.3 employing a CISPR quasi-peak detector.
5925–7250 ....................................
¥41.3 Unless otherwise specified, all RMS
7250–10600 ..................................
¥51.3 average emission levels specified in this
Above 10600 ................................
¥61.3 section are to be measured utilizing a 1
MHz resolution bandwidth with a one
millisecond dwell over each 1 MHz
(2) In addition to the radiated
segment. The frequency span of the
emission limits specified in the table in
analyzer should equal the number of
paragraph (d)(1) of this section,
sampling bins times 1 MHz and the
transmitters operating under the
sweep rate of the analyzer should equal
provisions of this section shall not
the number of sampling bins times one
exceed the following RMS average
millisecond. The provision in § 15.35(c)
limits when measured using a
that allows emissions to be averaged
resolution bandwidth of no less than 1
over a 100 millisecond period does not
kHz:
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apply to devices operating under this
section. The video bandwidth of the
measurement instrument shall not be
less than the resolution bandwidth and
trace averaging shall not be employed.
The RMS average emission
measurement is to be repeated over
multiple sweeps with the analyzer set
for maximum hold until the amplitude
stabilizes.
(2) The peak emission measurement is
to be repeated over multiple sweeps
with the analyzer set for maximum hold
until the amplitude stabilizes.
(3) For transmitters that employ
frequency hopping, stepped frequency
or similar modulation types, the peak
emission level measurement, the
measurement of the RMS average
emission levels, and the measurement to
determine the frequency at which the
highest level emission occurs shall be
made with the frequency hop or step
function active. Gated signals may be
measured with the gating active. The
provisions of § 15.31(c) continue to
apply to transmitters that employ swept
frequency modulation.
(4) The ¥10 dB bandwidth is based
on measurement using a peak detector,
a 1 MHz resolution bandwidth, and a
video bandwidth greater than or equal
to the resolution bandwidth.
(5) Alternative measurement
procedures may be considered by the
Commission.
I 5. Section 15.252 is added to read as
follows:
§ 15.252 Operation of wideband vehicular
radar systems within the bands 16.2–17.7
GHz and 23.12–29.0 GHz.
(a) Operation under this section is
limited to field disturbance sensors that
are mounted in terrestrial transportation
vehicles. Terrestrial use is limited to
earth surface-based, non-aviation
applications. Operation within the 16.2–
17.7 GHz band is limited to field
disturbance sensors that are used only
for back-up assistance and that operate
only when the vehicle is engaged in
reverse.
(1) The ¥10 dB bandwidth of the
fundamental emission shall be located
within the 16.2–17.7 GHz band or
within the 23.12–29.0 GHz band,
exclusive of the 23.6–24.0 GHz
restricted band, as appropriate, under
all conditions of operation including the
effects from stepped frequency,
frequency hopping or other modulation
techniques that may be employed as
well as the frequency stability of the
transmitter over expected variations in
temperature and supply voltage.
(2) The ¥10 dB bandwidth of the
fundamental emission shall be 10 MHz
or greater. For transmitters that employ
VerDate jul<14>2003
14:47 Feb 08, 2005
Jkt 205001
frequency hopping, stepped frequency
or similar modulation types,
measurement of the ¥10 dB minimum
bandwidth specified in this paragraph
shall be made with the frequency hop or
step function disabled and with the
transmitter operating continuously at a
fundamental frequency following the
provisions of § 15.31(m).
(3) For systems operating in the
23.12–29.0 GHz band, the frequencies at
which the highest average emission
level and at which the highest peak
level emission appear shall be greater
than 24.075 GHz.
(4) These devices shall operate only
when the vehicle is operating, e.g., the
engine is running. Operation shall occur
only upon specific activation, such as
upon starting the vehicle, changing
gears, or engaging a turn signal. The
operation of these devices shall be
related to the proper functioning of the
transportation vehicle, e.g., collision
avoidance.
(b) Emissions from a transmitter
operating under this section shall not
exceed the following equivalent
isotropically radiated power (EIRP)
density levels:
(1) For transmitters operating in the
16.2–17.7 GHz band, the RMS average
radiated emissions above 960 MHz from
a device operating under the provisions
of this section shall not exceed the
following EIRP limits based on
measurements using a 1 MHz resolution
bandwidth:
EIRP in
dBm
Frequency in MHz
960–1610 ......................................
1610–16,200 .................................
16,200–17,700 ..............................
Above 17,700 ...............................
¥75.3
¥61.3
¥41.3
¥61.3
(2) For transmitters operating in the
23.12–29.0 GHz band, the RMS average
radiated emissions above 960 MHz from
a device operating under the provisions
of this section shall not exceed the
following EIRP limits based on
measurements using a 1 MHz resolution
bandwidth:
EIRP in
dBm
Frequency in MHz
960–1610 ......................................
1610–23,120 .................................
23,120–23,600 ..............................
23,600–24,000 ..............................
24,000–29,000 ..............................
Above 29,000 ...............................
¥75.3
¥61.3
¥41.3
¥61.3
¥41.3
—61.3
(3) In addition to the radiated
emission limits specified in the tables in
paragraphs (b)(1) and (b)(2) of this
section, transmitters operating under the
provisions of this section shall not
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
6775
exceed the following RMS average EIRP
limits when measured using a
resolution bandwidth of no less than 1
kHz:
Frequency in MHz
1164–1240 ....................................
1559–1610 ....................................
EIRP in
dBm
¥85.3
¥85.3
(4) There is a limit on the peak level
of the emissions contained within a 50
MHz bandwidth centered on the
frequency at which the highest radiated
emission occurs and this 50 MHz
bandwidth must be contained within
the 16.2–17.7 GHz band or the 24.05–
29.0 GHz band, as appropriate. The peak
EIRP limit is 20 log (RBW/50) dBm
where RBW is the resolution bandwidth
in MHz employed by the measurement
instrument. RBW shall not be lower
than 1 MHz or greater than 50 MHz.
Further, RBW shall not be greater than
the ¥10 dB bandwidth of the device
under test. For transmitters that employ
frequency hopping, stepped frequency
or similar modulation types,
measurement of the ¥10 dB minimum
bandwidth specified in this paragraph
shall be made with the frequency hop or
step function disabled and with the
transmitter operating continuously at a
fundamental frequency. The video
bandwidth of the measurement
instrument shall not be less than RBW.
The limit on peak emissions applies to
the 50 MHz bandwidth centered on the
frequency at which the highest level
radiated emission occurs. If RBW is
greater than 3 MHz, the application for
certification shall contain a detailed
description of the test procedure, the
instrumentation employed in the
testing, and the calibration of the test
setup.
(5) Radiated emissions at or below
960 MHz shall not exceed the emission
levels in § 15.209.
(6) Emissions from digital circuitry
used to enable the operation of the
transmitter may comply with the limits
in § 15.209 provided it can be clearly
demonstrated that those emissions are
due solely to emissions from digital
circuitry contained within the
transmitter and the emissions are not
intended to be radiated from the
transmitter’s antenna. Emissions from
associated digital devices, as defined in
§ 15.3(k) , e.g., emissions from digital
circuitry used to control additional
functions or capabilities other than the
operation of the transmitter, are subject
to the limits contained in subpart B of
this part. Emissions from these digital
circuits shall not be employed in
determining the ¥10 dB bandwidth of
E:\FR\FM\09FER1.SGM
09FER1
6776
Federal Register / Vol. 70, No. 26 / Wednesday, February 9, 2005 / Rules and Regulations
the fundamental emission or the
frequency at which the highest emission
level occurs.
(c) Measurement procedures:
(1) All emissions at and below 960
MHz are based on measurements
employing a CISPR quasi-peak detector.
Unless otherwise specified, all RMS
average emission levels specified in this
section are to be measured utilizing a 1
MHz resolution bandwidth with a one
millisecond dwell over each 1 MHz
segment. The frequency span of the
analyzer should equal the number of
sampling bins times 1 MHz and the
sweep rate of the analyzer should equal
the number of sampling bins times one
millisecond. The provision in § 15.35(c)
that allows emissions to be averaged
over a 100 millisecond period does not
apply to devices operating under this
section. The video bandwidth of the
measurement instrument shall not be
less than the resolution bandwidth and
trace averaging shall not be employed.
The RMS average emission
measurement is to be repeated over
multiple sweeps with the analyzer set
for maximum hold until the amplitude
stabilizes.
(2) The peak emission measurement is
to be repeated over multiple sweeps
with the analyzer set for maximum hold
until the amplitude stabilizes.
(3) For transmitters that employ
frequency hopping, stepped frequency
or similar modulation types, the peak
emission level measurement, the
measurement of the RMS average
emission levels, the measurement to
determine the center frequency, and the
measurement to determine the
frequency at which the highest level
emission occurs shall be made with the
frequency hop or step function active.
Gated signals may be measured with the
gating active. The provisions of
§ 15.31(c) continue to apply to
transmitters that employ swept
frequency modulation.
(4) The ¥10 dB bandwidth is based
on measurement using a peak detector,
a 1 MHz resolution bandwidth, and a
video bandwidth greater than or equal
to the resolution bandwidth.
(5) Alternative measurement
procedures may be considered by the
Commission.
I 6. Section 15.515 is amended by
adding a new paragraph (g) to read as
follows:
§ 15.515 Technical requirements for
vehicular radar systems.
*
*
*
*
*
(g) The emission levels from devices
operating under the provisions of this
section that employ gated transmissions
may be measured with the gating active.
VerDate jul<14>2003
14:47 Feb 08, 2005
Jkt 205001
Measurements made in this manner
shall be repeated over multiple sweeps
with the analyzer set for maximum hold
until the amplitude stabilizes.
I 7. Section 15.521 is amended by
revising paragraph (d) to read as follows:
§ 15.521 Technical requirements
applicable to all UWB devices.
*
*
*
*
*
(d) Within the tables in §§ 15.509,
15.511, 15.513, 15.515, 15.517, and
15.519, the tighter emission limit
applies at the band edges. Radiated
emission levels at and below 960 MHz
are based on measurements employing a
CISPR quasi-peak detector. Radiated
emission levels above 960 MHz are
based on RMS average measurements
over a 1 MHz resolution bandwidth. The
RMS average measurement is based on
the use of a spectrum analyzer with a
resolution bandwidth of 1 MHz, an RMS
detector, and a 1 millisecond or less
averaging time. Unless otherwise stated,
if pulse gating is employed where the
transmitter is quiescent for intervals that
are long compared to the nominal pulse
repetition interval, measurements shall
be made with the pulse train gated on.
Alternative measurement procedures
may be considered by the Commission.
*
*
*
*
*
[FR Doc. 05–2505 Filed 2–8–05; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
47 CFR Part 301
Docket No. 050201021–5021–01
RIN 0660-AA15
Repeal of Mandatory Reimbursement
Rules for Frequency Band or
Geographic Relocation of Federal
Spectrum-Dependent Systems
National Telecommunications
and Information Administration, U.S.
Department of Commerce
ACTION: Final Rule.
AGENCY:
SUMMARY: The National
Telecommunications and Information
Administration (NTIA) is repealing its
regulations governing reimbursement to
federal entities by the private sector as
a result of reallocation of frequency
spectrum. The agency is taking this
action in accordance with the
Commercial Spectrum Enhancement
Act which repealed the provision in the
NTIA Organization Act under which the
agency promulgated these regulations.
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
The Commercial Spectrum
Enhancement Act established a fund
within the Department of Treasury
through which money will be provided
to federal agencies for the costs incurred
in relocating their radio
communications systems.
DATES: These rules become effective on
February 9, 2005.
FOR FURTHER INFORMATION CONTACT:
Milton Brown, Deputy Chief Counsel,
National Telecommunications and
Information Administration, U.S.
Department of Commerce, 1401
Constitution Avenue, N.W., Room 4713,
Washington, DC 20230; telephone: (202)
482–1816; facsimile: (202) 501–8013; or
electronic mail: mbrown@ntia.doc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 17, 2002, the National
Telecommunications and Information
Administration (NTIA) issued a final
rule entitled ‘‘Mandatory
Reimbursement Rules for Frequency
Band or Geographic Relocation of
Federal Spectrum-Dependent Systems’’
(Mandatory Reimbursement Rules).1
These regulations implemented a
provision of Pub. L. No. 105–261, which
required private sector licensees to
reimburse federal agencies for the costs
associated with relocating from or
modifying the radio frequencies used by
agencies’ communications systems to
accommodate the private sector
licensees’ use of the radio spectrum.2
That law also directed NTIA to issue
regulations to implement its
requirements.
II. Repeal of the Mandatory
Reimbursement Rules
On December 23, 2004, the President
signed into law Public Law No. 108–
494, the Commercial Spectrum
Enhancement Act.3 Among other
purposes, this Act struck the provision
in the NTIA Organization Act requiring
private sector licensees to reimburse
federal agencies’ relocation costs, and in
its stead, created a new fund within the
Department of Treasury through which
federal agencies would be reimbursed
for such costs and directed NTIA to take
certain actions to implement the new
reimbursement and relocation plan.
Because the new law strikes the
authorization underpinning the
Mandatory Reimbursement Rules and
eliminates any obligation on private
1 See 67 Fed. Reg. 41,182 (2002) (The rules were
codified at 47 C.F.R. Part 301.)
2 See Pub.L.No. 105-261, 112 Stat. 1920, 2132
(1998), amending section 113(g) of the NTIA
Organization Act (codified at 47 U.S.C. § 923(g)).
3 Pub.L.No. 108-494, 118 Stat. 3896, 3992 (2004).
E:\FR\FM\09FER1.SGM
09FER1
Agencies
[Federal Register Volume 70, Number 26 (Wednesday, February 9, 2005)]
[Rules and Regulations]
[Pages 6771-6776]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2505]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 15
[ET Docket No. 98-153; FCC 04-285]
Ultra-Wideband Transmission Systems
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document responds to two petitions for reconsideration
that were filed in response to the Commission's decision to establish
regulations for unlicensed ultra-wideband (``UWB'') operation. It also
responds to the rule making proposals contained in the Memorandum
Opinion and Order and Further Notice of Proposed Rule Making in this
docket. The order establishes new rules for wideband unlicensed devices
operating in the 5925-7250 MHz, 16.2-17.7 GHz, and 22.12-29 GHz bands.
DATES: Effective March 11, 2005.
FOR FURTHER INFORMATION CONTACT: John Reed (202) 418-2455, Policy and
Rules Division, Office of Engineering and Technology.
SUPPLEMENTARY INFORMATION: This is a summary of the Second Report and
Order and Second Memorandum Opinion and Order (``2nd R&O and 2nd
MO&O''), FCC 04-285, adopted December 15, 2004, and released December
16, 2004. The full text of this document is available for inspection
and copying during regular business hours in the FCC Reference Center
(Room CY-A257), 445 12th Street, SW., Washington, DC 20554. The
complete text of this document also may be purchased from the
Commission's copy contractor, Best Copy and Printing, Inc. 445 12th
Street, Room CY-B402, Washington, DC, (202) 488-5300; FAX (202) 488-
5563. The full text may also be downloaded at: www.fcc.gov. Alternative
formats are available to persons with disabilities by contacting Brian
Millin at (202) 418-7426 or TTY (202) 418-7365.
Summary of Second Report and Order
1. On February 14, 2002, the Commission adopted a First Report and
Order implementing regulations to permit the unlicensed operation of
ultra-wideband transmission systems. In response to fourteen petitions
for reconsideration, a Memorandum Opinion and Order and Further Notice
of Proposed Rule Making (``MO&O and FNPRM'') was adopted on February
13, 2003, 69 FR 19746 and 69 FR 19773, April 22, 2003. Specifically,
the Commission proposed amendments to four areas of its part 15
regulations. These amendments addressed: (1) The operation of low PRF
systems in the 3.1-10.6 GHz band; (2) the measurement procedures
applied to frequency hopping vehicular radar systems operating in the
22-29 GHz band; (3) the peak power limits applicable to wide-bandwidth,
non-UWB part 15 transmitters; and (4) the elimination of the UWB
definition.
2. Low PRF UWB systems. In the FNPRM, the Commission invited
comment on whether to amend the rules to permit the operation of any
UWB product under the UWB standards currently designated for hand-held
devices as long as the PRF does not exceed 200 kHz and the equipment
employs a pulsed or an impulse modulation. In the 2nd R&O, the
Commission declines to amend its rules stating that low PRF systems can
have a higher potential for causing interference unless some type of
signal processing is incorporated in the victim receiver. The
Commission will accommodate the requests from the equipment developers
by increasing the peak power emission limit for select frequency bands
available under the non-UWB part 15 regulations.
3. Non-UWB peak power emission limits. When an average emission
limit
[[Page 6772]]
is specified for non-UWB devices, the rules also specify a limit on
peak power that is 20 dB greater than the average limit. In some cases,
peak measurement by a spectrum analyzer requires the application of a
pulse desensitization correction factor (``PDCF'') in order to
compensate for the analyzer's inability to respond fast enough to
measure the true peak for pulse widths narrower than the inverse of the
resolution bandwidth. This peak limit may effectively prohibit some
wideband operations. Further, a limit on the total peak power level is
not well suited to measure the operation of, or represent the
interference potential of, transmitters that employ extremely wide
bandwidths. For that reason, the Commission proposed in the FNPRM to
implement the same peak limit that is applied to UWB systems.
4. The total peak power of such a wideband system is not relevant
to the interference potential of the device. Rather, it is the
potential power in the bandwidth of the victim receiver that is
relevant. In the 2nd R&O, the Commission recognizes that allowing
increased peak power levels could have an impact on some radio services
and also expresses concerned that allowing higher peak power levels
could result in a significant increase in the number of consumer
products along with a corresponding increase in interference potential.
Thus, it believes that cautious constraints on the permitted frequency
bands of operation and the standards for operation within those bands
are necessary while it gains experience.
5. The Commission is amending its part 15 rules to permit higher
peak emission levels in the 5925-7250 MHz band, indicating that the
fixed, fixed-satellite, and mobile systems employed in this band likely
incorporate a sufficient level of signal processing to reduce, if not
eliminate, their vulnerability to increased peak emission levels, or it
is expected that such authorized systems would generally be located in
remote areas or with the receiving antennas situated in such a manner
that they would not be routinely subject to emissions from nearby part
15 devices. The Commission also is permitting higher peak emission
levels in the 16.2-17.7 GHz band but will limit operation within this
band to vehicular back-up assistance radars that operate only when the
vehicle is in reverse. This will significantly limit the proliferation
of such devices and should ensure that harmful interference does not
occur to the authorized radio services. Potential equipment
manufacturers are forewarned that the 17.3-17.7 GHz portion of the
16.2-17.7 GHz band has been allocated in Region 2 and the United States
for the Broadcast Satellite Service, effective April 1, 2007. Once this
allocation becomes effective, there is a possibility that the 17.3-17.7
GHz band may become designated as a restricted band and that part 15
fundamental emissions will be prohibited in this portion of the
spectrum.
6. A peak EIRP limit of 20 log (RBW/50) dBm is adopted for the
5925-7250 MHz and 16.2-17.7 GHz bands, with RBW, the resolution
bandwidth of the measurement instrument, being 1 to 50 MHz. This peak
limit applies to the 50 MHz band centered at the frequency at which the
highest average emission level occurs. RBW must be no greater than the
-10 dB bandwidth of the emission. If frequency hopping or stepped
frequency modulation is employed, the frequency hop or step function
shall be disabled and the transmitter shall operate continuously on a
fundamental frequency to measure the -10 dB bandwidth that is used to
determine the maximum RBW that may be employed for the peak emission
level. For transmitters operating under these new peak limits, the
Commission is adopting the more stringent UWB average emission
specifications requested by the National Telecommunications and
Information Administration (``NTIA''). These limits and other pertinent
standards are shown in the accompanying changes to the rules.
7. Vehicular radar systems. In the FNPRM, the Commission proposed
to permit pulsed frequency hopping vehicular radars to be included
under the definition of a UWB device provided the transmitters occupy
the minimum required bandwidth within any 10 millisecond period rather
than at any instantaneous point in time. However, the Commission is
unwilling at this time to classify as a UWB device a frequency hopping
transmitter that emits relatively narrowband signals. However, the
systems can be accommodated under the non-UWB rules by increasing the
peak power emission limit. As requested by NTIA, a frequency hopped
vehicular radar system may not operate in the restricted bands. Thus,
the frequency band of operation that is being established for this
vehicle radar system is 23.12-29.0 GHz, exclusive of the restricted
band at 23.6-24.0 GHz. Vehicular radar transmitters operating under
these new peak limits also will be subject to limits similar to the UWB
average emission specifications, as requested by NTIA. Any type of
modulation may be employed. These limits and other pertinent standards
are shown in the accompanying changes to the rules.
8. The interference aspects of a transmitter employing frequency
hopping, stepped frequency modulation or gating are quite similar, as
viewed by a receiver, in that both appear to the receiver to emit for a
short period of time followed by a quiet period. Permitting the
emissions from frequency hopping systems to be measured with the
hopping active could give such systems a competitive advantage by
permitting higher instantaneous average power levels than what are
allowed for gated systems. Thus, the Commission also is eliminating the
requirement that gated or stepped systems operating under this new
regulation be tested with the gating or step function turned off.
However, no provision is provided to permit transmitters employing
swept frequency modulation to perform measurements with the sweep
stopped. The Commission also is adopting NTIA's requested measurement
procedure requiring that the RMS average and peak emission measurements
be repeated with the analyzer in the maximum hold mode until there is
no significant increase, i.e., less than 3 dB, in any of the maximum
hold values.
9. The UWB regulations for operation in the 22-29 GHz band require
vehicular radar systems that employ gating to be measured with the
transmitter gated on and should be subject to the same measurement
procedures. Thus, the Commission is amending the UWB regulations to
permit the emissions from gated vehicular radar systems to be measured
with the gating active. However, as requested by NTIA similar
provisions are not being applied to UWB systems that employ frequency
hopping, stepped frequency or similar modulation techniques.
10. Clarification of existing non-UWB peak power emission limits.
As proposed in the FNPRM, the Commission is amending 47 CFR 15.35(b) to
clarify that the peak power requirement applies to the total peak power
produced by the device, unless specifically stated otherwise, and may
necessitate the use of a PDCF. This clarification does not result in
any changes to the current part 15 standards and should eliminate any
confusion on the need to apply a PDCF under certain modulation and
measurement conditions.
11. UWB definition. In the FNPRM, the Commission proposed to
eliminate the minimum bandwidth requirement and to permit the operation
of any transmission system, regardless of its
[[Page 6773]]
bandwidth, as long as it complies with the standards for UWB operation
set forth in Subpart F of 47 CFR part 15. However, the Commission has
accommodated the narrowband operations sought by the proponents in this
proceeding through its amendments to the peak power levels while
keeping any further expansion of equipment applications out of the
sensitive restricted bands. Because of these changes, there is no
necessity at this time to eliminate the UWB minimum bandwidth
requirements. Such changes could be disruptive and could further delay
the introduction of UWB devices.
Summary of Second Memorandum Opinion and Order
12. The 2nd MO&O addresses two petitions for reconsideration that
were filed in response to the Memorandum Opinion and Order and Further
Notice of Proposed Rule Making. Cingular, Inc. objected to the presence
and level of emissions from UWB devices that may appear in the
frequency bands allocated for the Cellular Radiotelephone Service
(``cellular'') and for the Personal Communications Services (``PCS'');
claimed that the Commission can not legally permit the unlicensed
operation of radio frequency (``RF'') devices except as specifically
authorized by Congress under 47 U.S.C. 307(e); and claimed that
cellular and PCS licensees have exclusive use of the spectrum assigned
to their respective operations and that any emissions from UWB devices
undermine this exclusivity. The issues raised by Cingular are dismissed
or denied, as appropriate. The Satellite Industry Association (``SIA'')
argued that the UWB emission limits in the 3650-4200 MHz band used by
C-band fixed satellite systems (``FSS'') are excessive and will result
in harmful interference. The SIA petition is denied.
Administrative Provisions
13. The Commission will send a copy of this Second Report & Order
and Second Memorandum Opinion and Order in a report to be sent to
Congress and the General Accounting Office pursuant to the
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
14. Final Regulatory Flexibility Certification. The Regulatory
Flexibility Act of 1980, as amended (RFA),\1\ requires that a
regulatory flexibility analysis be prepared for notice-and-comment rule
making proceedings, unless the agency certifies that ``the rule will
not, if promulgated, have a significant economic impact on a
substantial number of small entities.'' \2\ The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' \3\ In addition, the term ``small business'' has the
same meaning as the term ``small business concern'' under the Small
Business Act.\4\ A ``small business concern'' is one which: (1) Is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
Small Business Administration (SBA).\5\
---------------------------------------------------------------------------
\1\ The RFA, see 5 U.S.C. 601-612, has been amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),
Public Law 104-121, Title II, 110 Stat. 857 (1996).
\2\ 5 U.S.C. 605(b).
\3\ 5 U.S.C. 601(6).
\4\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small-business concern'' in the Small Business Act, 15 U.S.C.
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a
small business applies ``unless an agency, after consultation with
the Office of Advocacy of the Small Business Administration and
after opportunity for public comment, establishes one or more
definitions of such term which are appropriate to the activities of
the agency and publishes such definition(s) in the Federal
Register.''
\5\ 15 U.S.C. 632.
---------------------------------------------------------------------------
15. In this Second Report and Order and Second Memorandum Opinion
and Order, we are implementing a change to the rules to facilitate the
operation of wideband unlicensed transmitters. We also are responding
to two petitions for reconsideration regarding rules that permit the
marketing and operation of products incorporating ultra-wideband
(``UWB'') technology. UWB devices operate by employing very narrow or
short duration pulses that result in very large or wideband
transmission bandwidths. With appropriate technical standards, UWB
devices can operate on spectrum occupied by existing radio services
without causing interference, thereby permitting scarce spectrum
resources to be used more efficiently. Further, as noted in the text we
have continued to apply conservative limits to the standards applicable
for UWB operation, until such time as we gain additional experience, to
ensure that harmful interference would not be caused to other radio
spectrum users. Further, the changes adopted in this proceeding will
not affect any party legally manufacturing or marketing UWB devices.
Thus, we expect that our actions do not amount to a significant
economic impact. Accordingly, we certify that the rules being adopted
in this Memorandum Opinion and Order will not have a significant
economic impact on a substantial number of small entities.
16. The Commission will send a copy of the Second Report and Order
and Second Memorandum Opinion and Order, including a copy of this Final
Regulatory Flexibility Certification, in a report to Congress pursuant
to the Congressional Review Act.\6\ In addition, the Second Report and
Order and Second Memorandum Opinion and Order and this final
certification will be sent to the Chief Counsel for Advocacy of the
SBA, and will be published in the Federal Register.\7\
---------------------------------------------------------------------------
\6\ See 5 U.S.C. 801(a)(1)(A).
\7\ See 5 U.S.C. 605(b).
---------------------------------------------------------------------------
17. Ordering Clauses. This action is taken pursuant to Sections
4(i), 302, 303(e), 303(f), 303(r), 304 and 307 of the Communications
Act of 1934, as amended, 47 U.S.C. Sections 154(i), 302, 303(e),
303(f), 303(r), 304 and 307. It also is ordered that part 15 of the
Commission's Rules and Regulations is amended as specified in rule
changes, effective 30 days after publication in the Federal Register.
It is ordered that the Petition for Reconsideration from Cingular,
Inc., is denied. It is ordered that the Petition for Reconsideration
from Satellite Industry Association is dismissed.
18. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this Second Report
and Order and Second Memorandum Opinion and Order, including the Final
Regulatory Flexibility Certification, to the Chief Counsel for Advocacy
of the Small Business Administration.
19. It is further ordered that this proceeding is terminated.
List of Subjects 47 CFR Part 15
Communications equipment, Radio, Reporting and recordkeeping
requirements, Security measures.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
Rule Changes
0
For the reasons discussed in the preamble, title 47 of the Code of
Federal Regulations, part 15, is amended as follows:
PART 15--RADIO FREQUENCY DEVICES
0
1. The authority citation for part 15 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336 and 544a.
0
2. Section 15.35 is amended by revising paragraph (b) to read as
follows:
Sec. 15.35 Measurement detector functions and bandwidths.
* * * * *
[[Page 6774]]
(b) Unless otherwise specified, on any frequency or frequencies
above 1000 MHz, the radiated emission limits are based on the use of
measurement instrumentation employing an average detector function.
Unless otherwise specified, measurements above 1000 MHz shall be
performed using a minimum resolution bandwidth of 1 MHz. When average
radiated emission measurements are specified in this part, including
average emission measurements below 1000 MHz, there also is a limit on
the peak level of the radio frequency emissions. Unless otherwise
specified, e.g., see Sec. Sec. 15.250, 15.252, 15.255, and 15.509-
15.519, the limit on peak radio frequency emissions is 20 dB above the
maximum permitted average emission limit applicable to the equipment
under test. This peak limit applies to the total peak emission level
radiated by the device, e.g., the total peak power level. Note that the
use of a pulse desensitization correction factor may be needed to
determine the total peak emission level. The instruction manual or
application note for the measurement instrument should be consulted for
determining pulse desensitization factors, as necessary.
* * * * *
0
3. Section 15.215 is amended by revising paragraph (c), to read as
follows:
Sec. 15.215 Additional provisions to the general radiated emission
limitations.
* * * * *
(c) Intentional radiators operating under the alternative
provisions to the general emission limits, as contained in Sec. Sec.
15.217 through 15.257 and in Subpart E of this part, must be designed
to ensure that the 20 dB bandwidth of the emission, or whatever
bandwidth may otherwise be specified in the specific rule section under
which the equipment operates, is contained within the frequency band
designated in the rule section under which the equipment is operated.
The requirement to contain the designated bandwidth of the emission
within the specified frequency band includes the effects from frequency
sweeping, frequency hopping and other modulation techniques that may be
employed as well as the frequency stability of the transmitter over
expected variations in temperature and supply voltage. If a frequency
stability is not specified in the regulations, it is recommended that
the fundamental emission be kept within at least the central 80% of the
permitted band in order to minimize the possibility of out-of-band
operation.
0
4. Section 15.250 is added to read as follows:
Sec. 15.250 Operation of wideband systems within the band 5925-7250
MHz.
(a) The -10 dB bandwidth of a device operating under the provisions
of this section must be contained within the 5925-7250 MHz band under
all conditions of operation including the effects from stepped
frequency, frequency hopping or other modulation techniques that may be
employed as well as the frequency stability of the transmitter over
expected variations in temperature and supply voltage.
(b) The -10 dB bandwidth of the fundamental emission shall be at
least 50 MHz. For transmitters that employ frequency hopping, stepped
frequency or similar modulation types, measurement of the -10 dB
minimum bandwidth specified in this paragraph shall be made with the
frequency hop or step function disabled and with the transmitter
operating continuously at a fundamental frequency following the
provisions of Sec. 15.31(m).
(c) Operation on board an aircraft or a satellite is prohibited.
Devices operating under this section may not be employed for the
operation of toys. Except for operation onboard a ship or a terrestrial
transportation vehicle, the use of a fixed outdoor infrastructure is
prohibited. A fixed infrastructure includes antennas mounted on outdoor
structures, e.g., antennas mounted on the outside of a building or on a
telephone pole.
(d) Emissions from a transmitter operating under this section shall
not exceed the following equivalent isotropically radiated power (EIRP)
density levels:
(1) The radiated emissions above 960 MHz from a device operating
under the provisions of this section shall not exceed the following RMS
average limits based on measurements using a 1 MHz resolution
bandwidth:
------------------------------------------------------------------------
EIRP in
Frequency in MHz dBm
------------------------------------------------------------------------
960-1610..................................................... -75.3
1610-1990.................................................... -63.3
1990-3100.................................................... -61.3
3100-5925.................................................... -51.3
5925-7250.................................................... -41.3
7250-10600................................................... -51.3
Above 10600.................................................. -61.3
------------------------------------------------------------------------
(2) In addition to the radiated emission limits specified in the
table in paragraph (d)(1) of this section, transmitters operating under
the provisions of this section shall not exceed the following RMS
average limits when measured using a resolution bandwidth of no less
than 1 kHz:
------------------------------------------------------------------------
EIRP in
Frequency in MHz dBm
------------------------------------------------------------------------
1164-1240.................................................... -85.3
1559-1610.................................................... -85.3
------------------------------------------------------------------------
(3) There is a limit on the peak level of the emissions contained
within a 50 MHz bandwidth centered on the frequency at which the
highest radiated emission occurs and this 50 MHz bandwidth must be
contained within the 5925-7250 MHz band. The peak EIRP limit is 20 log
(RBW/50) dBm where RBW is the resolution bandwidth in megahertz that is
employed by the measurement instrument. RBW shall not be lower than 1
MHz or greater than 50 MHz. The video bandwidth of the measurement
instrument shall not be less than RBW. If RBW is greater than 3 MHz,
the application for certification filed with the Commission shall
contain a detailed description of the test procedure, calibration of
the test setup, and the instrumentation employed in the testing.
(4) Radiated emissions at or below 960 MHz shall not exceed the
emission levels in Sec. 15.209.
(5) Emissions from digital circuitry used to enable the operation
of the transmitter may comply with the limits in Sec. 15.209 provided
it can be clearly demonstrated that those emissions are due solely to
emissions from digital circuitry contained within the transmitter and
the emissions are not intended to be radiated from the transmitter's
antenna. Emissions from associated digital devices, as defined in Sec.
15.3(k), e.g., emissions from digital circuitry used to control
additional functions or capabilities other than the operation of the
transmitter, are subject to the limits contained in subpart B of this
part. Emissisons from these digital circuits shall not be employed in
determining the -10 dB bandwidth of the fundamental emission or the
frequency at which the highest emission level occurs.
(e) Measurement procedures:
(1) All emissions at and below 960 MHz are based on measurements
employing a CISPR quasi-peak detector. Unless otherwise specified, all
RMS average emission levels specified in this section are to be
measured utilizing a 1 MHz resolution bandwidth with a one millisecond
dwell over each 1 MHz segment. The frequency span of the analyzer
should equal the number of sampling bins times 1 MHz and the sweep rate
of the analyzer should equal the number of sampling bins times one
millisecond. The provision in Sec. 15.35(c) that allows emissions to
be averaged over a 100 millisecond period does not
[[Page 6775]]
apply to devices operating under this section. The video bandwidth of
the measurement instrument shall not be less than the resolution
bandwidth and trace averaging shall not be employed. The RMS average
emission measurement is to be repeated over multiple sweeps with the
analyzer set for maximum hold until the amplitude stabilizes.
(2) The peak emission measurement is to be repeated over multiple
sweeps with the analyzer set for maximum hold until the amplitude
stabilizes.
(3) For transmitters that employ frequency hopping, stepped
frequency or similar modulation types, the peak emission level
measurement, the measurement of the RMS average emission levels, and
the measurement to determine the frequency at which the highest level
emission occurs shall be made with the frequency hop or step function
active. Gated signals may be measured with the gating active. The
provisions of Sec. 15.31(c) continue to apply to transmitters that
employ swept frequency modulation.
(4) The -10 dB bandwidth is based on measurement using a peak
detector, a 1 MHz resolution bandwidth, and a video bandwidth greater
than or equal to the resolution bandwidth.
(5) Alternative measurement procedures may be considered by the
Commission.
0
5. Section 15.252 is added to read as follows:
Sec. 15.252 Operation of wideband vehicular radar systems within the
bands 16.2-17.7 GHz and 23.12-29.0 GHz.
(a) Operation under this section is limited to field disturbance
sensors that are mounted in terrestrial transportation vehicles.
Terrestrial use is limited to earth surface-based, non-aviation
applications. Operation within the 16.2-17.7 GHz band is limited to
field disturbance sensors that are used only for back-up assistance and
that operate only when the vehicle is engaged in reverse.
(1) The -10 dB bandwidth of the fundamental emission shall be
located within the 16.2-17.7 GHz band or within the 23.12-29.0 GHz
band, exclusive of the 23.6-24.0 GHz restricted band, as appropriate,
under all conditions of operation including the effects from stepped
frequency, frequency hopping or other modulation techniques that may be
employed as well as the frequency stability of the transmitter over
expected variations in temperature and supply voltage.
(2) The -10 dB bandwidth of the fundamental emission shall be 10
MHz or greater. For transmitters that employ frequency hopping, stepped
frequency or similar modulation types, measurement of the -10 dB
minimum bandwidth specified in this paragraph shall be made with the
frequency hop or step function disabled and with the transmitter
operating continuously at a fundamental frequency following the
provisions of Sec. 15.31(m).
(3) For systems operating in the 23.12-29.0 GHz band, the
frequencies at which the highest average emission level and at which
the highest peak level emission appear shall be greater than 24.075
GHz.
(4) These devices shall operate only when the vehicle is operating,
e.g., the engine is running. Operation shall occur only upon specific
activation, such as upon starting the vehicle, changing gears, or
engaging a turn signal. The operation of these devices shall be related
to the proper functioning of the transportation vehicle, e.g.,
collision avoidance.
(b) Emissions from a transmitter operating under this section shall
not exceed the following equivalent isotropically radiated power (EIRP)
density levels:
(1) For transmitters operating in the 16.2-17.7 GHz band, the RMS
average radiated emissions above 960 MHz from a device operating under
the provisions of this section shall not exceed the following EIRP
limits based on measurements using a 1 MHz resolution bandwidth:
------------------------------------------------------------------------
EIRP in
Frequency in MHz dBm
------------------------------------------------------------------------
960-1610..................................................... -75.3
1610-16,200.................................................. -61.3
16,200-17,700................................................ -41.3
Above 17,700................................................. -61.3
------------------------------------------------------------------------
(2) For transmitters operating in the 23.12-29.0 GHz band, the RMS
average radiated emissions above 960 MHz from a device operating under
the provisions of this section shall not exceed the following EIRP
limits based on measurements using a 1 MHz resolution bandwidth:
------------------------------------------------------------------------
EIRP in
Frequency in MHz dBm
------------------------------------------------------------------------
960-1610..................................................... -75.3
1610-23,120.................................................. -61.3
23,120-23,600................................................ -41.3
23,600-24,000................................................ -61.3
24,000-29,000................................................ -41.3
Above 29,000................................................. --61.3
------------------------------------------------------------------------
(3) In addition to the radiated emission limits specified in the
tables in paragraphs (b)(1) and (b)(2) of this section, transmitters
operating under the provisions of this section shall not exceed the
following RMS average EIRP limits when measured using a resolution
bandwidth of no less than 1 kHz:
------------------------------------------------------------------------
EIRP in
Frequency in MHz dBm
------------------------------------------------------------------------
1164-1240.................................................... -85.3
1559-1610.................................................... -85.3
------------------------------------------------------------------------
(4) There is a limit on the peak level of the emissions contained
within a 50 MHz bandwidth centered on the frequency at which the
highest radiated emission occurs and this 50 MHz bandwidth must be
contained within the 16.2-17.7 GHz band or the 24.05-29.0 GHz band, as
appropriate. The peak EIRP limit is 20 log (RBW/50) dBm where RBW is
the resolution bandwidth in MHz employed by the measurement instrument.
RBW shall not be lower than 1 MHz or greater than 50 MHz. Further, RBW
shall not be greater than the -10 dB bandwidth of the device under
test. For transmitters that employ frequency hopping, stepped frequency
or similar modulation types, measurement of the -10 dB minimum
bandwidth specified in this paragraph shall be made with the frequency
hop or step function disabled and with the transmitter operating
continuously at a fundamental frequency. The video bandwidth of the
measurement instrument shall not be less than RBW. The limit on peak
emissions applies to the 50 MHz bandwidth centered on the frequency at
which the highest level radiated emission occurs. If RBW is greater
than 3 MHz, the application for certification shall contain a detailed
description of the test procedure, the instrumentation employed in the
testing, and the calibration of the test setup.
(5) Radiated emissions at or below 960 MHz shall not exceed the
emission levels in Sec. 15.209.
(6) Emissions from digital circuitry used to enable the operation
of the transmitter may comply with the limits in Sec. 15.209 provided
it can be clearly demonstrated that those emissions are due solely to
emissions from digital circuitry contained within the transmitter and
the emissions are not intended to be radiated from the transmitter's
antenna. Emissions from associated digital devices, as defined in Sec.
15.3(k) , e.g., emissions from digital circuitry used to control
additional functions or capabilities other than the operation of the
transmitter, are subject to the limits contained in subpart B of this
part. Emissions from these digital circuits shall not be employed in
determining the -10 dB bandwidth of
[[Page 6776]]
the fundamental emission or the frequency at which the highest emission
level occurs.
(c) Measurement procedures:
(1) All emissions at and below 960 MHz are based on measurements
employing a CISPR quasi-peak detector. Unless otherwise specified, all
RMS average emission levels specified in this section are to be
measured utilizing a 1 MHz resolution bandwidth with a one millisecond
dwell over each 1 MHz segment. The frequency span of the analyzer
should equal the number of sampling bins times 1 MHz and the sweep rate
of the analyzer should equal the number of sampling bins times one
millisecond. The provision in Sec. 15.35(c) that allows emissions to
be averaged over a 100 millisecond period does not apply to devices
operating under this section. The video bandwidth of the measurement
instrument shall not be less than the resolution bandwidth and trace
averaging shall not be employed. The RMS average emission measurement
is to be repeated over multiple sweeps with the analyzer set for
maximum hold until the amplitude stabilizes.
(2) The peak emission measurement is to be repeated over multiple
sweeps with the analyzer set for maximum hold until the amplitude
stabilizes.
(3) For transmitters that employ frequency hopping, stepped
frequency or similar modulation types, the peak emission level
measurement, the measurement of the RMS average emission levels, the
measurement to determine the center frequency, and the measurement to
determine the frequency at which the highest level emission occurs
shall be made with the frequency hop or step function active. Gated
signals may be measured with the gating active. The provisions of Sec.
15.31(c) continue to apply to transmitters that employ swept frequency
modulation.
(4) The -10 dB bandwidth is based on measurement using a peak
detector, a 1 MHz resolution bandwidth, and a video bandwidth greater
than or equal to the resolution bandwidth.
(5) Alternative measurement procedures may be considered by the
Commission.
0
6. Section 15.515 is amended by adding a new paragraph (g) to read as
follows:
Sec. 15.515 Technical requirements for vehicular radar systems.
* * * * *
(g) The emission levels from devices operating under the provisions
of this section that employ gated transmissions may be measured with
the gating active. Measurements made in this manner shall be repeated
over multiple sweeps with the analyzer set for maximum hold until the
amplitude stabilizes.
0
7. Section 15.521 is amended by revising paragraph (d) to read as
follows:
Sec. 15.521 Technical requirements applicable to all UWB devices.
* * * * *
(d) Within the tables in Sec. Sec. 15.509, 15.511, 15.513, 15.515,
15.517, and 15.519, the tighter emission limit applies at the band
edges. Radiated emission levels at and below 960 MHz are based on
measurements employing a CISPR quasi-peak detector. Radiated emission
levels above 960 MHz are based on RMS average measurements over a 1 MHz
resolution bandwidth. The RMS average measurement is based on the use
of a spectrum analyzer with a resolution bandwidth of 1 MHz, an RMS
detector, and a 1 millisecond or less averaging time. Unless otherwise
stated, if pulse gating is employed where the transmitter is quiescent
for intervals that are long compared to the nominal pulse repetition
interval, measurements shall be made with the pulse train gated on.
Alternative measurement procedures may be considered by the Commission.
* * * * *
[FR Doc. 05-2505 Filed 2-8-05; 8:45 am]
BILLING CODE 6712-01-P