Amendment of the Commission's Rules Regarding Dedicated Short-Range Communications Services in the 5.850-5.925 GHz (5.9 GHz Band), 52747-52750 [E6-14795]
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Federal Register / Vol. 71, No. 173 / Thursday, September 7, 2006 / Rules and Regulations
suggestion itself is beyond the scope of
this rulemaking.
Based on our review of the proposed
amendment, we are making a minor
change in wording. In the first sentence
of new paragraph (b), we are changing
‘‘shall’’ to ‘‘will’’ to reflect VA’s current
efforts to write regulations in plain
language.
Executive Order 12866
Executive Order 12866 directs
agencies to assess all costs and benefits
of available regulatory alternatives and,
when regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety, and other advantages;
distributive impacts; and equity). The
Order classifies a rule as a significant
regulatory action requiring review by
the Office of Management and Budget if
it meets any one of a number of
specified conditions, including: Having
an annual effect on the economy of $100
million or more, creating a serious
inconsistency or interfering with an
action of another agency, materially
altering the budgetary impact of
entitlements or the rights of entitlement
recipients, or raising novel legal or
policy issues. VA has examined the
economic, legal, and policy implications
of this final rule and has concluded that
it is a significant regulatory action under
Executive Order 12866 because it
materially alters the rights of
entitlement recipients based upon a
court decision.
Paperwork Reduction Act
This document contains no provisions
constituting a collection of information
under the Paperwork Reduction Act (44
U.S.C. 3501–3521).
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Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in an
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector of $100 million or more
(adjusted annually for inflation) in any
given year. This rule would have no
such effect on State, local, and tribal
governments, or on the private sector.
Regulatory Flexibility Act
The Secretary hereby certifies that
this regulatory amendment will not
have a significant economic impact on
a substantial number of small entities as
they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601–612. The
reason for this certification is that these
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amendments would not directly affect
any small entities. Only VA
beneficiaries and their survivors could
be directly affected. Therefore, pursuant
to 5 U.S.C. 605(b), these amendments
are exempt from the initial and final
regulatory flexibility analysis
requirements of sections 603 and 604.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance program numbers are 64.109,
Veterans Compensation for ServiceConnected Disability, and 64.110,
Veterans Dependency and Indemnity
Compensation for Service-Connected
Death.
52747
evidence created before the onset of
aggravation or by the earliest medical
evidence created at any time between
the onset of aggravation and the receipt
of medical evidence establishing the
current level of severity of the
nonservice-connected disease or injury.
The rating activity will determine the
baseline and current levels of severity
under the Schedule for Rating
Disabilities (38 CFR part 4) and
determine the extent of aggravation by
deducting the baseline level of severity,
as well as any increase in severity due
to the natural progress of the disease,
from the current level.
(Authority: 38 U.S.C. 1110 and 1131)
List of Subjects in 38 CFR Part 3
Administrative practice and
procedure, Claims, Disability benefits,
Health care, Pensions, Radioactive
materials, Veterans, Vietnam.
*
Approved: May 26, 2006.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
FEDERAL COMMUNICATIONS
COMMISSION
Editorial Note: This document was
received at the Office of the Federal Register
on September 1, 2006.
[WT Docket 01–90; ET Docket 98–95; RM–
9096; FCC 06–110]
For the reasons set forth in the
preamble, VA is amending 38 CFR part
3 as set forth below:
Amendment of the Commission’s
Rules Regarding Dedicated ShortRange Communications Services in
the 5.850–5.925 GHz (5.9 GHz Band)
I
PART 3—ADJUDICATION
1. The authority citation for part 3,
subpart A, continues to read as follows:
I
Authority: 38 U.S.C. 501(a), unless
otherwise noted.
2. Section 3.310 is amended by
revising the section heading; by
redesignating paragraph (b) as paragraph
(c); and by adding a new paragraph (b)
to read as follows:
I
§ 3.310 Disabilities that are proximately
due to, or aggravated by, service-connected
disease or injury.
*
*
*
*
(b) Aggravation of nonserviceconnected disabilities. Any increase in
severity of a nonservice-connected
disease or injury that is proximately due
to or the result of a service-connected
disease or injury, and not due to the
natural progress of the nonserviceconnected disease, will be service
connected. However, VA will not
concede that a nonservice-connected
disease or injury was aggravated by a
service-connected disease or injury
unless the baseline level of severity of
the nonservice-connected disease or
injury is established by medical
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*
*
*
BILLING CODE 8320–01–P
47 CFR Parts 1, 90 and 95
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
Subpart A—Pension, Compensation,
and Dependency and Indemnity
Compensation
*
*
[FR Doc. E6–14835 Filed 9–6–06; 8:45 am]
SUMMARY: In this document the
Commission takes certain actions in
response to four petitions for
reconsideration filed by 3M Company,
ARINC Incorporated, Intelligent
Transportation Society of America and
John Hopkins University of Applied
Physics Laboratory. Each petitioner
seeks reconsideration of the
Commission’s Report and Order, which
adopted licensing and service rules for
the Dedicated Short Range
Communications (DSRC) Service in the
Intelligent Transportation Systems (ITS)
Radio Service, located in the 5.850–
5.925 GHz band (5.9 GHz band)
licensing and service rules for the
Dedicated Short Range Communications
(DSRC) Service in the Intelligent
Transportation Systems (ITS) Radio
Service located in the 5.850–5.925 GHz
band (5.9 GHz band).
DATES: Effective November 6, 2006.
FOR FURTHER INFORMATION CONTACT:
Technical Information: Tim Maguire,
Tim.Maguire@FCC.gov, Public Safety
and Critical Infrastructure Division,
Wireless Telecommunications Bureau,
(202) 418–0680, or TTY (202) 418–7233.
Legal Information: Jeannie Benfaida,
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52748
Federal Register / Vol. 71, No. 173 / Thursday, September 7, 2006 / Rules and Regulations
Jeannie.Benfaida@FCC.gov, Public
Safety and Critical Infrastructure
Division, Wireless Telecommunications
Bureau (202) 418–0680, or TTY (202)
418–7233.
SUPPLEMENTARY INFORMATION: This is a
summary of the Federal
Communications Commission’s
Memorandum Opinion and Order, FCC
06–110, adopted July 20, 2006 and
released on July 26, 2006. The full text
of this document is available for
inspection and copying during normal
business hours in the FCC Reference
Center, 445 12th Street, SW.,
Washington, DC 20554. The complete
text may be purchased from the
Commission’s copy contractor, Best
Copy and Printing, Inc., 445 12th Street,
SW., Room CY–B402, Washington, DC
20554. The full text may also be
downloaded at: https://www.fcc.gov.
Alternative formats are available to
persons with disabilities by contacting
Brian Millin at (202) 418–7426 or TTY
(202) 418–7365 or at
Brian.Millin@fcc.gov.
1. In the Memorandum Opinion and
Order, the Commission takes the
following actions:
• Designates Channel 172
(frequencies 5.855–5.865 GHz)
exclusively for vehicle-to-vehicle safety
communications for accident avoidance
and mitigation, and safety of life and
property applications; and designate
Channel 184 (frequencies 5.915–5.925
GHz) exclusively for high-power,
longer-distance communications to be
used for public safety applications
involving safety of life and property,
including road intersection collision
mitigation.
• Requires licensees to file a notice of
construction with the Commission for
each site registered and to clarify that
site priority attaches to prior registered
sites that have been fully constructed
within the requisite twelve-month
construction period.
• Amends the power reduction rule
to only apply to DSRC Roadside Unit
antenna height only between eight and
fifteen meters, thereby providing
increased flexibility and reduced
implementation costs.
• Declines to adopt rules that would
implement a software-based prior
frequency coordination protocol that
directs or recommends that licensees
use particular service channels, or that
would establish a third party database
manager to coordinate and maintain site
registrations.
• Declines to amend the current
emission mask applicable to DSRC Class
D devices, pending further
developments and recommendations
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from the ASTM E17.51 DSRC Standards
Writing Group.
• Declines to adopt rules governing
frequency coordination between DSRC
licensees and Fixed Satellite Service
(FSS) licensees, pending results of
studies of interference methodology and
ongoing industry discussions.
• Declines to adopt a rule establishing
a separate class of On-Board Units to be
used exclusively by public safety
eligibles, i.e., ‘‘public safety OBUs.’’
• Declines to require dual-band DSRC
devices to be uniquely identified in
order to be used to provide DSRC
services in the 5.9 GHz band.
I. Procedural Matters
A. Paperwork Reduction Act
2. The order does not contain any new
or modified information collection.
B. Report to Congress
3. The Commission will send a copy
of this 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).
C. Supplemental Final Regulatory
Flexibility Analysis
4. As required by the Regulatory
Flexibility Act (RFA), a Supplemental
Final Regulatory Flexibility Analysis
(FRFA) was incorporated in the DSRC
Report and Order. In view of the fact
that we have adopted further rule
amendments in this Memorandum
Opinion and Order, we have included
this Supplemental Final Regulatory
Flexibility Certification. This
Certification conforms to the RFA.
5. The RFA requires that regulatory
flexibility analysis be prepared for
rulemaking proceedings unless the
agency certifies that ‘‘the rule will not,
if promulgated, have a significant
economic impact on a substantial
number of small entities.’’ The RFA
generally defines ‘‘small entity’’ as
having the same meaning as the term
‘‘small business,’’ ‘‘small organization,’’
and ‘‘small governmental jurisdiction.’’
In addition, the term ‘‘small business’’
has the same meaning as the term
‘‘small business concern’’ under the
Small Business Act. 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).
6. This Memorandum Opinion and
Order amends our rules to require
licensees to file a notice of construction
to the Commission for each site
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registered and clarify that site priority
attaches to prior registered sites that
have fully constructed within the twelve
month construction period; amends the
antenna height correction factor adopted
for DSRC to increase flexibility and
reduce implementation costs to public
safety, and designates Channel 172
(5.855–5.865 GHz) for vehicle-to-vehicle
safety communications for accident
avoidance and mitigation, and Channel
184 (5.915–5.925 GHz) for high-power,
longer-distance communications for
public safety applications and road
intersection vehicular collision
mitigation. These rule changes are not
expected to affect the cost of DSRC
equipment or implementation.
Therefore, we certify that the
requirements of this Memorandum
Opinion and Order will not have a
significant economic impact on a
substantial number of small entities.
7. The Commission will send a copy
of the Memorandum Opinion and
Order, including a copy of this final
certification, in a report to Congress
pursuant to the Congressional Review
Act, see U.S.C. 801(a)(1)(A). In addition,
the Memorandum Opinion and Order
and this certification will be sent to the
Chief Counsel for Advocacy of the Small
Business Administration. A copy of this
Memorandum Opinion and Order and
(or summaries thereof) will also be
published in the Federal Register.
II. Ordering Clauses
8. Pursuant to sections 1, 4(i), 302,
303(f) and (r), and 332 of the
Communications Act of 1934, as
amended, 47 U.S.C. 1, 154(i), 302, 303(f)
and (r), and 332, this Memorandum
Opinion and Order is adopted.
9. It is further ordered that, the
amendments of the Commission’s rules
as set forth in rule changes are adopted
November 6, 2006.
10. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Memorandum Opinion and Order,
including the Supplemental Final
Flexibility Certification, to the Chief
Counsel for Advocacy of the U.S. Small
Business Administration.
List of Subjects in 47 CFR Parts 1, 90,
and 95
Communications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
For the reasons discussed in the
preamble, the Federal Communications
I
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Federal Register / Vol. 71, No. 173 / Thursday, September 7, 2006 / Rules and Regulations
Commission amends 47 CFR parts 1, 90
and 95 to read as follows:
PART 1—PRACTICE AND
PROCEDURE
1. The authority citation for part 1
continues to read as follows:
I
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C.
151, 154(i), 154(j), 155, 157, 225, 303(r), and
309.
2. Section 1.946 is amended by
revising paragraph (d) to read as
follows:
I
begun using some, but not all, of the
authorized transmitters, the notification
must show to which specific
transmitters it applies.
*
*
*
*
*
PART 90—PRIVATE LAND MOBILE
RADIO SERVICES
3. The authority citation for part 90
continues to read as follows:
I
Authority: Sections 4(i), 11, 303(g), 303(r)
and 332(c)(7) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), 332(c)(7).
§ 1.946 Construction and coverage
requirements.
*
*
*
*
*
(d) Licensee notification of
compliance. A licensee who commences
service or operations within the
construction period or meets its
coverage or substantial services
obligations within the coverage period
must notify the Commission by filing
FCC Form 601. The notification must be
filed within 15 days of the expiration of
the applicable construction or coverage
period. Where the authorization is sitespecific, if service or operations have
4. Section 90.155 is amended by
revising paragraph (i) to read as follows:
I
§ 90.155 Time in which station must be
placed in operation.
*
*
*
*
*
(i) DSRCS Roadside Units (RSUs) in
the 5850–5925 MHz band must be
placed in operation within 12 months
from the date of registration (see
§ 90.375) or the authority to operate the
RSUs cancels automatically (see § 1.955
of this chapter). Such registration date(s)
do not change the overall renewal
Frequency range
(MHz)
Channel No.
170
172
174
175
176
178
180
181
182
184
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
5850–5855
5855–5865
5865–5875
5865–5885
5875–5885
5885–5895
5895–5905
5895–5915
5905–5915
5915–5925
52749
period of the single license. Licensees
must notify the Commission in
accordance with § 1.946 of this chapter
when registered units are placed in
operation within their construction
period.
I 5. Section 90.377 is revised to read as
follows:
§ 90.377 Frequencies available; maximum
EIRP and antenna height, and priority
communications.
(a) Licensees shall transmit only the
power (EIRP) needed to communicate
with an OBU within the
communications zone and must take
steps to limit the Roadside Unit (RSU)
signal within the zone to the maximum
extent practicable.
(b) Frequencies available for
assignment to eligible applicants within
the 5850–5925 MHz band for RSUs and
the maximum EIRP permitted for an
RSU with an antenna height not
exceeding 8 meters above the roadway
bed surface are specified in the table
below. Where two EIRP limits are given,
the higher limit is permitted only for
state or local governmental entities.
Max. EIRP 1
(dBm)
..............................
33
33
23
33
33/44.8
23
23
23
33/40
Channel use
Reserved.
Service Channel.2
Service Channel.
Service Channel.3
Service Channel.
Control Channel.
Service Channel.
Service Channel.3
Service Channel.
Service Channel.4
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1 An RSU may employ an antenna with a height exceeding 8 meters but not exceeding 15 meters provided the EIRP specified in the table
above is reduced by a factor of 20 log(Ht/8) in dB where Ht is the height of the radiation center of the antenna in meters above the roadway bed
surface. The EIRP is measured as the maximum EIRP toward the horizon or horizontal, whichever is greater, of the gain associated with the
main or center of the transmission beam. The RSU antenna height shall not exceed 15 meters above the roadway bed surface.
2 Channel 172 is designated for public safety applications involving safety of life and property.
3 Channel Nos. 174/176 may be combined to create a twenty megahertz channel, designated Channel No. 175. Channels 180/182 may be
combined to create a twenty-megahertz channel, designated Channel No. 181.
4 Channel 184 is designated for public safety applications involving safety of life and property. Only those entities meeting the requirements of
§ 90.373(a) are eligible to hold an authorization to operate on this channel.
(c) Except as provided in paragraphs
(d) and (e) of this section, non-reserve
DSRCS channels are available on a
shared basis only for use in accordance
with the Commission’s rules. All
licensees shall cooperate in the
selection and use of channels in order
to reduce interference. This includes
monitoring for communications in
progress and any other measures as may
be necessary to minimize interference.
Licensees of RSUs suffering or causing
harmful interference within a
communications zone are expected to
cooperate and resolve this problem by
mutually satisfactory arrangements. If
the licensees are unable to do so, the
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Commission may impose restrictions
including specifying the transmitter
power, antenna height and direction,
additional filtering, or area or hours of
operation of the stations concerned.
Further the use of any channel at a
given geographical location may be
denied when, in the judgment of the
Commission, its use at that location is
not in the public interest; use of any
such channel may be restricted as to
specified geographical areas, maximum
power, or such other operating
conditions, contained in this part or in
the station authorization.
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(d) Safety/public safety priority. The
following access priority governs all
DSRCS operations:
(1) Communications involving the
safety of life have access priority over
all other DSRCS communications;
(2) Subject to a control channel
priority system management strategy
(see ASTM E2213–03 DSRC Standard at
§ 4.1.1.2(4)), DSRCS communications
involving public safety have access
priority over all other DSRC
communications not listed in paragraph
(d)(1) of this section. Roadside Units
(RSUs) operated by state or local
governmental entities are presumptively
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Federal Register / Vol. 71, No. 173 / Thursday, September 7, 2006 / Rules and Regulations
engaged in public safety priority
communications.
(e) Non-priority communications.
DSRCS communications not listed in
paragraph (d) of this section, are nonpriority communications. If a dispute
arises concerning non-priority
communications, the licensee of the
later-registered RSU must accommodate
the operation of the early registered
RSU, i.e., interference protection rights
are date-sensitive, based on the date that
the RSU is first registered (see § 90.375)
and the later-registered RSU must
modify its operations to resolve the
dispute in accordance with paragraph (f)
of this section.
(f) Except as otherwise provided in
the ASTM–DSRC Standard (see
§ 90.379) for the purposes of paragraph
(e) of this section, objectionable
interference will be considered to exist
when the Commission receives a
complaint and the difference in signal
strength between the earlier-registered
RSU and the later-registered RSU
(anywhere within the earlier-registered
RSU’s communication zone) is 18 dB or
less (co-channel). Later-registered RSUs
causing objectionable interference must
correct the interference immediately
unless written consent is obtained from
the licensee of the earlier-registered
RSU.
Channel No.
170
172
174
175
176
178
180
181
182
184
PART 95—PERSONAL RADIO
SERVICES
6. The authority citation for part 95
continues to read as follows:
I
Authority: Sections 4, 303, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 303.
7. Section 95.1511 is revised to read
as follows:
I
§ 95.1511
Frequencies available.
(a) The following table indicates the
channel designations of frequencies
available for assignment to eligible
applicants within the 5850–5925 MHz
band for On-Board Units (OBUs): 1
Frequency range
(MHz)
Channel use
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
Reserved ....................................................................................................
Service Channel 2 .......................................................................................
Service Channel .........................................................................................
Service Channel 3 .......................................................................................
Service Channel .........................................................................................
Control Channel ..........................................................................................
Service Channel .........................................................................................
Service Channel 3 .......................................................................................
Service Channel .........................................................................................
Service Channel 4 .......................................................................................
5850–5855
5855–5865
5865–5875
5865–5885
5875–5885
5885–5895
5895–5905
5895–5915
5905–5915
5915–5925
1 The
maximum output power for portable DSRCS–OBUs is 1.0 mW. See § 95.639(i).
172 is designated for public safety applications involving safety of life and property.
3 Channel Nos. 174/176 may be combined to create a twenty megahertz channel, designated Channel No. 175. Channels 180/182 may be
combined to create a twenty-megahertz channel, designated Channel No. 181.
4 Channel 184 is designated for public safety applications involving safety of life and property.
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2 Channel
(b) Except as provided in paragraph
(c) of this section, non-reserve DSRCS
channels are available on a shared basis
only for use in accordance with the
Commission’s rules. All licensees shall
cooperate in the selection and use of
channels in order to reduce interference.
This includes monitoring for
communications in progress and any
other measures as may be necessary to
minimize interference. Licensees
suffering or causing harmful
interference within a communications
zone are expected to cooperate and
resolve this problem by mutually
satisfactory arrangements. If the
licensees are unable to do so, the
Commission may impose restrictions,
including specifying the transmitter
power, antenna height and direction,
additional filtering, or area or hours of
operation of the stations concerned.
Further, the use of any channel at a
given geographical location may be
denied when, in the judgment of the
Commission, its use at that location is
not in the public interest; the use of any
channel may be restricted as to specified
geographical areas, maximum power, or
such other operating conditions,
contained in this part or in the station
authorization.
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(c) Safety/public safety priority. The
following access priority governs all
DSRCS operations:
(1) Communications involving the
safety of life have access priority over
all other DSRCS communications;
(2) Subject to a control channel
priority system management strategy
(see ASTM E2213–03 DSRC Standard at
§ 4.1.1.2(4)), DSRCS communications
involving public safety have access
priority over all other DSRC
communications not listed in paragraph
(c)(1) of this section. On-Board Units
(OBUs) operated by state or local
governmental entities are presumptively
engaged in public safety priority
communications.
(d) Non-priority communications.
DSRCS communications not listed in
paragraph (c) of this section, are nonpriority communications. If a dispute
arises concerning non-priority DSRCS–
OBU communications with Roadside
Units (RSUs), the provisions of
§ 90.377(e) and (f) of this chapter will
apply. Disputes concerning non-priority
DSRCS–OBU communications not
associated with RSUs are governed by
paragraph (b) of this section.
[FR Doc. E6–14795 Filed 9–6–06; 8:45 am]
BILLING CODE 6712–01–P
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 90
[WT Docket No. 02–55; ET Docket No. 00–
258; ET Docket No. 95–18, RM-9498; RM–
10024; FCC 06–63]
Private Land Mobile Services; 800 MHz
Public Safety Interference Proceeding
Federal Communications
Commission.
ACTION: Correcting amendments.
AGENCY:
SUMMARY: The Federal Communications
Commission published a document in
the Federal Register on December 28,
2005, revising Commission rules. That
document contained discrepancies
between the text of the order and the
final rules set forth at § 90.677. This
document corrects the final regulations
by revising 47 CFR 90.677.
DATES: Effective September 7, 2006.
FOR FURTHER INFORMATION CONTACT:
Roberto Mussenden, Public Safety and
Critical Infrastructure Division at (202)
418–0838.
SUPPLEMENTARY INFORMATION: This is a
summary of a Federal Communications
Commission (FCC) Order which, inter
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]]>Agencies
[Federal Register Volume 71, Number 173 (Thursday, September 7, 2006)]
[Rules and Regulations]
[Pages 52747-52750]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14795]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 90 and 95
[WT Docket 01-90; ET Docket 98-95; RM-9096; FCC 06-110]
Amendment of the Commission's Rules Regarding Dedicated Short-
Range Communications Services in the 5.850-5.925 GHz (5.9 GHz Band)
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document the Commission takes certain actions in
response to four petitions for reconsideration filed by 3M Company,
ARINC Incorporated, Intelligent Transportation Society of America and
John Hopkins University of Applied Physics Laboratory. Each petitioner
seeks reconsideration of the Commission's Report and Order, which
adopted licensing and service rules for the Dedicated Short Range
Communications (DSRC) Service in the Intelligent Transportation Systems
(ITS) Radio Service, located in the 5.850-5.925 GHz band (5.9 GHz band)
licensing and service rules for the Dedicated Short Range
Communications (DSRC) Service in the Intelligent Transportation Systems
(ITS) Radio Service located in the 5.850-5.925 GHz band (5.9 GHz band).
DATES: Effective November 6, 2006.
FOR FURTHER INFORMATION CONTACT: Technical Information: Tim Maguire,
Tim.Maguire@FCC.gov, Public Safety and Critical Infrastructure
Division, Wireless Telecommunications Bureau, (202) 418-0680, or TTY
(202) 418-7233. Legal Information: Jeannie Benfaida,
[[Page 52748]]
Jeannie.Benfaida@FCC.gov, Public Safety and Critical Infrastructure
Division, Wireless Telecommunications Bureau (202) 418-0680, or TTY
(202) 418-7233.
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communications Commission's Memorandum Opinion and Order, FCC 06-110,
adopted July 20, 2006 and released on July 26, 2006. The full text of
this document is available for inspection and copying during normal
business hours in the FCC Reference Center, 445 12th Street, SW.,
Washington, DC 20554. The complete text may be purchased from the
Commission's copy contractor, Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY-B402, Washington, DC 20554. The full text may also
be downloaded at: https://www.fcc.gov. Alternative formats are available
to persons with disabilities by contacting Brian Millin at (202) 418-
7426 or TTY (202) 418-7365 or at Brian.Millin@fcc.gov.
1. In the Memorandum Opinion and Order, the Commission takes the
following actions:
Designates Channel 172 (frequencies 5.855-5.865 GHz)
exclusively for vehicle-to-vehicle safety communications for accident
avoidance and mitigation, and safety of life and property applications;
and designate Channel 184 (frequencies 5.915-5.925 GHz) exclusively for
high-power, longer-distance communications to be used for public safety
applications involving safety of life and property, including road
intersection collision mitigation.
Requires licensees to file a notice of construction with
the Commission for each site registered and to clarify that site
priority attaches to prior registered sites that have been fully
constructed within the requisite twelve-month construction period.
Amends the power reduction rule to only apply to DSRC
Roadside Unit antenna height only between eight and fifteen meters,
thereby providing increased flexibility and reduced implementation
costs.
Declines to adopt rules that would implement a software-
based prior frequency coordination protocol that directs or recommends
that licensees use particular service channels, or that would establish
a third party database manager to coordinate and maintain site
registrations.
Declines to amend the current emission mask applicable to
DSRC Class D devices, pending further developments and recommendations
from the ASTM E17.51 DSRC Standards Writing Group.
Declines to adopt rules governing frequency coordination
between DSRC licensees and Fixed Satellite Service (FSS) licensees,
pending results of studies of interference methodology and ongoing
industry discussions.
Declines to adopt a rule establishing a separate class of
On-Board Units to be used exclusively by public safety eligibles, i.e.,
``public safety OBUs.''
Declines to require dual-band DSRC devices to be uniquely
identified in order to be used to provide DSRC services in the 5.9 GHz
band.
I. Procedural Matters
A. Paperwork Reduction Act
2. The order does not contain any new or modified information
collection.
B. Report to Congress
3. The Commission will send a copy of this 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).
C. Supplemental Final Regulatory Flexibility Analysis
4. As required by the Regulatory Flexibility Act (RFA), a
Supplemental Final Regulatory Flexibility Analysis (FRFA) was
incorporated in the DSRC Report and Order. In view of the fact that we
have adopted further rule amendments in this Memorandum Opinion and
Order, we have included this Supplemental Final Regulatory Flexibility
Certification. This Certification conforms to the RFA.
5. The RFA requires that regulatory flexibility analysis be
prepared for rulemaking proceedings unless the agency certifies that
``the rule will not, if promulgated, have a significant economic impact
on a substantial number of small entities.'' The RFA generally defines
``small entity'' as having the same meaning as the term ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. 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).
6. This Memorandum Opinion and Order amends our rules to require
licensees to file a notice of construction to the Commission for each
site registered and clarify that site priority attaches to prior
registered sites that have fully constructed within the twelve month
construction period; amends the antenna height correction factor
adopted for DSRC to increase flexibility and reduce implementation
costs to public safety, and designates Channel 172 (5.855-5.865 GHz)
for vehicle-to-vehicle safety communications for accident avoidance and
mitigation, and Channel 184 (5.915-5.925 GHz) for high-power, longer-
distance communications for public safety applications and road
intersection vehicular collision mitigation. These rule changes are not
expected to affect the cost of DSRC equipment or implementation.
Therefore, we certify that the requirements of this Memorandum Opinion
and Order will not have a significant economic impact on a substantial
number of small entities.
7. The Commission will send a copy of the Memorandum Opinion and
Order, including a copy of this final certification, in a report to
Congress pursuant to the Congressional Review Act, see U.S.C.
801(a)(1)(A). In addition, the Memorandum Opinion and Order and this
certification will be sent to the Chief Counsel for Advocacy of the
Small Business Administration. A copy of this Memorandum Opinion and
Order and (or summaries thereof) will also be published in the Federal
Register.
II. Ordering Clauses
8. Pursuant to sections 1, 4(i), 302, 303(f) and (r), and 332 of
the Communications Act of 1934, as amended, 47 U.S.C. 1, 154(i), 302,
303(f) and (r), and 332, this Memorandum Opinion and Order is adopted.
9. It is further ordered that, the amendments of the Commission's
rules as set forth in rule changes are adopted November 6, 2006.
10. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Memorandum Opinion and Order, including the Supplemental
Final Flexibility Certification, to the Chief Counsel for Advocacy of
the U.S. Small Business Administration.
List of Subjects in 47 CFR Parts 1, 90, and 95
Communications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
0
For the reasons discussed in the preamble, the Federal Communications
[[Page 52749]]
Commission amends 47 CFR parts 1, 90 and 95 to read as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j),
155, 157, 225, 303(r), and 309.
0
2. Section 1.946 is amended by revising paragraph (d) to read as
follows:
Sec. 1.946 Construction and coverage requirements.
* * * * *
(d) Licensee notification of compliance. A licensee who commences
service or operations within the construction period or meets its
coverage or substantial services obligations within the coverage period
must notify the Commission by filing FCC Form 601. The notification
must be filed within 15 days of the expiration of the applicable
construction or coverage period. Where the authorization is site-
specific, if service or operations have begun using some, but not all,
of the authorized transmitters, the notification must show to which
specific transmitters it applies.
* * * * *
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
3. The authority citation for part 90 continues to read as follows:
Authority: Sections 4(i), 11, 303(g), 303(r) and 332(c)(7) of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), 332(c)(7).
0
4. Section 90.155 is amended by revising paragraph (i) to read as
follows:
Sec. 90.155 Time in which station must be placed in operation.
* * * * *
(i) DSRCS Roadside Units (RSUs) in the 5850-5925 MHz band must be
placed in operation within 12 months from the date of registration (see
Sec. 90.375) or the authority to operate the RSUs cancels
automatically (see Sec. 1.955 of this chapter). Such registration
date(s) do not change the overall renewal period of the single license.
Licensees must notify the Commission in accordance with Sec. 1.946 of
this chapter when registered units are placed in operation within their
construction period.
0
5. Section 90.377 is revised to read as follows:
Sec. 90.377 Frequencies available; maximum EIRP and antenna height,
and priority communications.
(a) Licensees shall transmit only the power (EIRP) needed to
communicate with an OBU within the communications zone and must take
steps to limit the Roadside Unit (RSU) signal within the zone to the
maximum extent practicable.
(b) Frequencies available for assignment to eligible applicants
within the 5850-5925 MHz band for RSUs and the maximum EIRP permitted
for an RSU with an antenna height not exceeding 8 meters above the
roadway bed surface are specified in the table below. Where two EIRP
limits are given, the higher limit is permitted only for state or local
governmental entities.
----------------------------------------------------------------------------------------------------------------
Frequency range Max. EIRP \1\
Channel No. (MHz) (dBm) Channel use
----------------------------------------------------------------------------------------------------------------
170................................. 5850-5855 ................. Reserved.
172................................. 5855-5865 33 Service Channel.\2\
174................................. 5865-5875 33 Service Channel.
175................................. 5865-5885 23 Service Channel.\3\
176................................. 5875-5885 33 Service Channel.
178................................. 5885-5895 33/44.8 Control Channel.
180................................. 5895-5905 23 Service Channel.
181................................. 5895-5915 23 Service Channel.\3\
182................................. 5905-5915 23 Service Channel.
184................................. 5915-5925 33/40 Service Channel.\4\
----------------------------------------------------------------------------------------------------------------
\1\ An RSU may employ an antenna with a height exceeding 8 meters but not exceeding 15 meters provided the EIRP
specified in the table above is reduced by a factor of 20 log(Ht/8) in dB where Ht is the height of the
radiation center of the antenna in meters above the roadway bed surface. The EIRP is measured as the maximum
EIRP toward the horizon or horizontal, whichever is greater, of the gain associated with the main or center of
the transmission beam. The RSU antenna height shall not exceed 15 meters above the roadway bed surface.
\2\ Channel 172 is designated for public safety applications involving safety of life and property.
\3\ Channel Nos. 174/176 may be combined to create a twenty megahertz channel, designated Channel No. 175.
Channels 180/182 may be combined to create a twenty-megahertz channel, designated Channel No. 181.
\4\ Channel 184 is designated for public safety applications involving safety of life and property. Only those
entities meeting the requirements of Sec. 90.373(a) are eligible to hold an authorization to operate on this
channel.
(c) Except as provided in paragraphs (d) and (e) of this section,
non-reserve DSRCS channels are available on a shared basis only for use
in accordance with the Commission's rules. All licensees shall
cooperate in the selection and use of channels in order to reduce
interference. This includes monitoring for communications in progress
and any other measures as may be necessary to minimize interference.
Licensees of RSUs suffering or causing harmful interference within a
communications zone are expected to cooperate and resolve this problem
by mutually satisfactory arrangements. If the licensees are unable to
do so, the Commission may impose restrictions including specifying the
transmitter power, antenna height and direction, additional filtering,
or area or hours of operation of the stations concerned. Further the
use of any channel at a given geographical location may be denied when,
in the judgment of the Commission, its use at that location is not in
the public interest; use of any such channel may be restricted as to
specified geographical areas, maximum power, or such other operating
conditions, contained in this part or in the station authorization.
(d) Safety/public safety priority. The following access priority
governs all DSRCS operations:
(1) Communications involving the safety of life have access
priority over all other DSRCS communications;
(2) Subject to a control channel priority system management
strategy (see ASTM E2213-03 DSRC Standard at Sec. 4.1.1.2(4)), DSRCS
communications involving public safety have access priority over all
other DSRC communications not listed in paragraph (d)(1) of this
section. Roadside Units (RSUs) operated by state or local governmental
entities are presumptively
[[Page 52750]]
engaged in public safety priority communications.
(e) Non-priority communications. DSRCS communications not listed in
paragraph (d) of this section, are non-priority communications. If a
dispute arises concerning non-priority communications, the licensee of
the later-registered RSU must accommodate the operation of the early
registered RSU, i.e., interference protection rights are date-
sensitive, based on the date that the RSU is first registered (see
Sec. 90.375) and the later-registered RSU must modify its operations
to resolve the dispute in accordance with paragraph (f) of this
section.
(f) Except as otherwise provided in the ASTM-DSRC Standard (see
Sec. 90.379) for the purposes of paragraph (e) of this section,
objectionable interference will be considered to exist when the
Commission receives a complaint and the difference in signal strength
between the earlier-registered RSU and the later-registered RSU
(anywhere within the earlier-registered RSU's communication zone) is 18
dB or less (co-channel). Later-registered RSUs causing objectionable
interference must correct the interference immediately unless written
consent is obtained from the licensee of the earlier-registered RSU.
PART 95--PERSONAL RADIO SERVICES
0
6. The authority citation for part 95 continues to read as follows:
Authority: Sections 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303.
0
7. Section 95.1511 is revised to read as follows:
Sec. 95.1511 Frequencies available.
(a) The following table indicates the channel designations of
frequencies available for assignment to eligible applicants within the
5850-5925 MHz band for On-Board Units (OBUs): \1\
------------------------------------------------------------------------
Frequency range
Channel No. Channel use (MHz)
------------------------------------------------------------------------
170............................. Reserved........... 5850-5855
172............................. Service Channel \2\ 5855-5865
174............................. Service Channel.... 5865-5875
175............................. Service Channel \3\ 5865-5885
176............................. Service Channel.... 5875-5885
178............................. Control Channel.... 5885-5895
180............................. Service Channel.... 5895-5905
181............................. Service Channel \3\ 5895-5915
182............................. Service Channel.... 5905-5915
184............................. Service Channel \4\ 5915-5925
------------------------------------------------------------------------
\1\ The maximum output power for portable DSRCS-OBUs is 1.0 mW. See Sec.
95.639(i).
\2\ Channel 172 is designated for public safety applications involving
safety of life and property.
\3\ Channel Nos. 174/176 may be combined to create a twenty megahertz
channel, designated Channel No. 175. Channels 180/182 may be combined
to create a twenty-megahertz channel, designated Channel No. 181.
\4\ Channel 184 is designated for public safety applications involving
safety of life and property.
(b) Except as provided in paragraph (c) of this section, non-
reserve DSRCS channels are available on a shared basis only for use in
accordance with the Commission's rules. All licensees shall cooperate
in the selection and use of channels in order to reduce interference.
This includes monitoring for communications in progress and any other
measures as may be necessary to minimize interference. Licensees
suffering or causing harmful interference within a communications zone
are expected to cooperate and resolve this problem by mutually
satisfactory arrangements. If the licensees are unable to do so, the
Commission may impose restrictions, including specifying the
transmitter power, antenna height and direction, additional filtering,
or area or hours of operation of the stations concerned. Further, the
use of any channel at a given geographical location may be denied when,
in the judgment of the Commission, its use at that location is not in
the public interest; the use of any channel may be restricted as to
specified geographical areas, maximum power, or such other operating
conditions, contained in this part or in the station authorization.
(c) Safety/public safety priority. The following access priority
governs all DSRCS operations:
(1) Communications involving the safety of life have access
priority over all other DSRCS communications;
(2) Subject to a control channel priority system management
strategy (see ASTM E2213-03 DSRC Standard at Sec. 4.1.1.2(4)), DSRCS
communications involving public safety have access priority over all
other DSRC communications not listed in paragraph (c)(1) of this
section. On-Board Units (OBUs) operated by state or local governmental
entities are presumptively engaged in public safety priority
communications.
(d) Non-priority communications. DSRCS communications not listed in
paragraph (c) of this section, are non-priority communications. If a
dispute arises concerning non-priority DSRCS-OBU communications with
Roadside Units (RSUs), the provisions of Sec. 90.377(e) and (f) of
this chapter will apply. Disputes concerning non-priority DSRCS-OBU
communications not associated with RSUs are governed by paragraph (b)
of this section.
[FR Doc. E6-14795 Filed 9-6-06; 8:45 am]
BILLING CODE 6712-01-P
