Cognitive Radio Technologies and Software Defined Radios, 31190-31192 [07-2684]
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Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Rules and Regulations
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(d) If after 30 days Ford presents no further information, the Regional Administrator will issue a final written determination describing the Agency
actions that are necessary to protect human health or the environment.
Any required action described in the Regional Administrator’s determination shall become effective immediately, unless the Regional Administrator provides otherwise.
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BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 2
[ET Docket No. 03–108; FCC 07–66]
Cognitive Radio Technologies and
Software Defined Radios
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
Summary of the Memorandum Opinion
and Order
SUMMARY: This document responds to
two petitions concerning the rules
adopted in the Report and Order in this
proceeding (‘‘Cognitive Radio Report
and Order’’). The Commission granted a
petition for clarification filed by Cisco
Systems, Inc. (‘‘Cisco’’) requesting that
the Commission clarify the requirement
to approve certain devices as software
defined radios, and its policy on the
confidentiality of software that controls
security measures in software defined
radios. The Commission also granted in
part and denied in part a petition for
reconsideration filed by Marcus
Spectrum Solutions (‘‘MSS’’) requesting
that the Commission clarify the rules
concerning the submission of radio
software source code, clarify the rules
concerning the certification of software
defined amateur radio equipment, and
initiate a further proceeding to adopt
regulatory requirements for high-power,
high-speed digital-to-analog (D/A)
converters.
Effective July 6, 2007.
FOR FURTHER INFORMATION CONTACT:
rmajette on PROD1PC64 with RULES
Hugh Van Tuyl, Policy and Rules
Division, Office of Engineering and
Technology, (202) 418–7506, e-mail:
Hugh.VanTuyl@fcc.gov.
This is a
summary of the Commission’s
Memorandum Opinion and Order, ET
Docket No. 03–108, FCC 07–66, adopted
April 20, 2007 and released April 25,
2007. The full text of this document is
SUPPLEMENTARY INFORMATION:
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15:16 Jun 05, 2007
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*
available on the Commission’s Internet
site at https://www.fcc.gov. It is also
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 full text of this document
also may be purchased from the
Commission’s duplication contractor,
Best Copy and Printing Inc., Portals II,
445 12th St., SW., Room CY–B402,
Washington, DC 20554; telephone (202)
488–5300; fax (202) 488–5563; e-mail
FCC@BCPIWEB.COM.
[FR Doc. E7–10854 Filed 6–5–07; 8:45 am]
DATES:
*
1. On March 17, 2005, the
Commission adopted the Cognitive
Radio Report and Order 70 FR 23032,
May 4, 2005, in which it modified the
rules to reflect ongoing technical
developments in cognitive and software
defined radio technologies. In response
to the Cognitive Radio Report and
Order, Cisco and MSS each filed a
petition seeking reconsideration or
clarification of various aspects of the
Commission’s decisions in the Cognitive
Radio Report and Order. The
Information Industry Technology
Council (‘‘ITI’’) filed comments in
opposition of MSS’ petition. No
comments were filed in response to
Cisco’s petition. In response to the two
petitions concerning the rules adopted
in the Cognitive Radio Report and Order
in this proceeding, the Commission
granted the petition for clarification
filed by Cisco Systems, Inc. (‘‘Cisco’’)
requesting that the Commission clarify:
(1) The requirement to approve certain
devices as software defined radios, and
(2) its policy on the confidentiality of
software that controls security measures
in software defined radios. The
Commission also granted in part and
denied in part a petition for
reconsideration filed by Marcus
Spectrum Solutions (‘‘MSS’’) requesting
that the Commission (1) Clarify the rules
concerning the submission of radio
software source code, (2) clarify the
rules concerning the certification of
software defined amateur radio
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*
equipment, and (3) initiate a further
proceeding to adopt regulatory
requirements for high-power, highspeed digital-to-analog (D/A) converters.
2. In the Cognitive Radio Report and
Order, the Commission modified the
rules to require that radios in which the
software is designed or expected to be
modified by a party other than the
manufacturer be certified as software
defined radios. To minimize the filing
burden on manufacturers, this
requirement was narrowly tailored to
affect only those radios where the
software can be modified by a party
other than the manufacturer because
such radios pose a higher risk of
interference to authorized radio
services. The definition of software
defined radio (SDR) is intentionally
broad, while the category of equipment
that is required to be certified as SDRs
is intentionally narrow. The
Commission agrees with Cisco that a
reading of the definition of SDR in the
rules by itself may give the incorrect
impression that more devices must be
certified as SDRs than the rules
intended to require. The Commission
finds that the appropriate solution to
Cisco’s concern is to add an additional
sentence following the definition of SDR
to indicate the class of radios that must
be certified as SDRs. It therefore clarifies
the rules by adding the following
statement to the definition of SDR: ‘‘In
accordance with § 2.944 of this part,
only radios in which the software is
designed or expected to be modified by
a party other than the manufacturer and
would affect the listed operating
parameters or circumstances under
which the radio transmits must be
certified as software defined radios.’’
This action clarifies the intent of the
rules adopted in the Cognitive Radio
Report and Order.
3. With regard to Cisco’s second
request, the Commission recognizes that
some manufacturers may wish to use
open source software (e.g., GNU/Linux)
in developing SDRs. The use of such
software may have advantages for
manufacturers such as lower cost and
decreased product development time.
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06JNR1
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Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Rules and Regulations
However, as Cisco notes, open source
software may be subject to licensing
agreements that require the party
modifying the code to make the source
code publicly available. The
Commission did not address the
possibility of manufacturers using open
source software to implement security
measures. However, it recognizes that
hardware and software security
measures that interact with the open
source software need not be subject to
an open source agreement. The
Commission hereby states that it is its
policy, consistent with the intent of
Cognitive Radio Report and Order and
Cisco’s request, that manufacturers
should not intentionally make the
distinctive elements that implement that
manufacturer’s particular security
measures in a software defined radio
public, if doing so would increase the
risk that these security measures could
be defeated or otherwise circumvented
to allow operation of the radio in a
manner that violates the Commission’s
rules. A system that is wholly
dependent on open source elements will
have a high burden to demonstrate that
it is sufficiently secure to warrant
authorization as a software defined
radio.
4. In response to the MSS petition for
reconsideration, the Commission
clarifies that in the event that questions
arise about the compliance of a
particular device, its staff has the
authority to request and examine any
component, whether software or
hardware, of a radio system when
needed for certification under
Commission rules. The manufacturer
could request that the Commission hold
the information confidential, and the
Commission would generally grant such
a request absent a compelling reason
otherwise. The Commission expects that
requests for software source code would
be extremely rare. It would not be
burdensome for a manufacturer to
request confidentiality for software
source code, and the Commission finds
there is no need to modify the
confidentiality rules to address a
specific class of information that would
be requested only infrequently.
5. The Commission declines to take
any actions with respect to regulating
the marketing of certain types of D/A
converters. MSS does not demonstrate
any current need for regulation of D/A
converters. It admits that the types of
D/A converters that it is concerned
about are not presently on the market,
and that it is not aware of any
discussions about the possible
marketing of these types of D/A
converters. The Commission therefore
finds that MSS’ concerns about possible
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misuse of equipment not available now
or in the foreseeable future are
premature, speculative, and not a basis
for initiating a further rule making
proceeding at this time.
6. In regard to MSS’ request for
clarification about the regulatory
treatment of amateur radio equipment,
the Commission did not intend to
impose any new certification
requirements for amateur radio
equipment in the Cognitive Report and
Order. External RF amplifiers that
operate below 144 MHz that are
marketed for use with amateur stations
will continue to require certification
before they can be marketed. Other
amateur radio equipment, including
equipment that meets the definition of
a software defined radio and that has
software that is designed or expected to
be modified by a party other than the
manufacturer, will continue to be
exempt from a certification requirement.
However, as the Commission noted in
the Cognitive Report and Order, certain
unauthorized modifications of amateur
transmitters are unlawful. It may revisit
the issue of the certification of amateur
equipment with software modifiable
features as identified above in the future
if misuse of such devices results in
significant interference to authorized
spectrum users.
Procedural Matters
7. Final Regulatory Flexibility
Certification. The Regulatory Flexibility
Act of 1980, as amended (RFA),1
requires that a regulatory flexibility
analysis be prepared for rulemaking
proceedings, unless the agency certifies
that ‘‘the rule will not 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
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.’’
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31191
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.
8. In the Cognitive Radio Report and
Order, the Commission expanded the
definition of software defined radio
(SDR) to include radios in which
software can control the circumstances
under which the radio operates in
accordance with the Commission’s
rules. This broad definition covers both
radios that have software embedded on
chips or implemented in other ways so
that the software cannot be readily
changed by the user, as well as radios
that are designed so the software can be
easily changed after manufacture. In the
Cognitive Radio Report and Order, the
Commission also modified the rules to
require that a radio be approved as an
SDR if the software that controls the
operating parameters or the
circumstances under which it transmits
is designed or expected to be modified
by a party other than the manufacturer.
This requirement applies to only a
narrow subset of radios that meet the
definition of SDR. A Final Regulatory
Flexibility Analysis was incorporated in
the Cognitive Radio Report and Order.
Following publication of the Cognitive
Radio Report and Order, Cisco filed its
petition seeking clarification of which
radios require certification as SDRs. In
the Memorandum Opinion and Order,
the Commission amended the definition
of SDR to reference the requirements
concerning which radios must be
certified as SDRs. This change clarifies
the rules adopted in the Cognitive Radio
Report and Order and does not modify
any compliance requirements. For this
reason, this change will not result in a
‘‘significant economic burden’’ on
manufacturers. Therefore, we certify
that the amendments included in the
Memorandum Opinion and Order will
not have a significant economic impact
on a substantial number of small
entities.
9. 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.5 In addition, the Memorandum
Opinion and Order and this certification
will be sent to the Chief Counsel for
Advocacy of the Small Business
Administration, and will be published
in the Federal Register.6
10. This document does not contain
any information collection requirements
5 See
6 See
E:\FR\FM\06JNR1.SGM
5 U.S.C. 801(a)(1)(A).
5 U.S.C. 605(b).
06JNR1
31192
Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Rules and Regulations
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13.
Ordering Clauses
11. Pursuant to the Section 1, 4, 301,
302(a), and 303, of the Communications
Act of 1934, as amended, 47 U.S.C. 151,
154, 301, 302(a), and 303, the
Memorandum Opinion and Order is
adopted, and part 2 of the Commission’s
Rules is amended as specified in the
attached appendix, and will become
effective 30 days after publication in the
Federal Register.
12. The petition for clarification filed
by Cisco Systems, Inc. is hereby granted.
This action is taken pursuant to the
authority contained in Sections 4(i),
301, 302, 303(e), 303(f), and 303(r) of the
Communications Act of 1934, as
amended, 47 U.S.C. Sections 154(i), 301,
302, 303(e), 303(f), and 303(r).
13. The petition for reconsideration
filed by Marcus Spectrum Solutions is
hereby granted in part and denied in
part. This action is taken pursuant to the
authority contained in Sections 4(i),
301, 302, 303(e), 303(f), and 303(r) of the
Communications Act of 1934, as
amended, 47 U.S.C. Sections 154(i), 301,
302, 303(e), 303(f), and 303(r).
14. The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
the Memorandum Opinion and Order,
including the Final Regulatory
Flexibility Certification, to the Chief
Counsel for Advocacy of the Small
Business Administration.
List of Subjects in 47 CFR Part 2
Communications equipment, Radio,
Reporting, and recordkeeping
requirements.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
Final Rule
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 2 to
read as follows:
I
PART 2—FREQUENCY ALLOCATIONS
AND RADIO TREATY MATTERS;
GENERAL RULES AND REGULATIONS
1. The authority citation for part 2
continues to read as follows:
I
rmajette on PROD1PC64 with RULES
Authority: 47 U.S.C. 154, 302a, 303, and
336, unless otherwise noted.
Section 2.1(c) is amended by revising
the definition of ‘‘software defined
radio’’ to read as follows:
§ 2.1
Terms and definitions.
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16:31 Jun 05, 2007
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(c) * * *
Software defined radio. A radio that
includes a transmitter in which the
operating parameters of frequency
range, modulation type or maximum
output power (either radiated or
conducted), or the circumstances under
which the transmitter operates in
accordance with Commission rules, can
be altered by making a change in
software without making any changes to
hardware components that affect the
radio frequency emissions. In
accordance with § 2.944 of this part,
only radios in which the software is
designed or expected to be modified by
a party other than the manufacturer and
would affect the above-listed operating
parameters or circumstances under
which the radio transmits must be
certified as software defined radios.
*
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[FR Doc. 07–2684 Filed 6–5–07; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 20 and 80
[WT Docket No. 04–257; FCC 07–87]
Maritime Communications
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: In this document, the Federal
Communications Commission
(Commission or FCC) amends its rules
to afford licensees of VHF Public Coast
(VPC) stations and Automated Maritime
Telecommunications System (AMTS)
stations additional operational
flexibility to provide service to units on
land. Specifically, the Commission
adopts rule changes to permit VPC and
AMTS licensees to offer private
correspondence service to units on land,
i.e., private land mobile radio (PLMR)
service, in addition to the public
correspondence service they already are
authorized to provide to units on land.
These rule amendments will enable VPC
and AMTS licensees to compete more
effectively against other commercial
mobile radio service providers; facilitate
more efficient use of VPC and AMTS
spectrum; and provide an additional
means to meet growing demand for
spectrum by PLMR licensees and end
users, including public safety and
critical infrastructure industry entities.
The Commission also believes that the
core purpose for which these
frequencies have been allocated is to
serve the communications needs of
marine vessels, especially with respect
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to communications in support of the
safety of life and property at sea and on
inland waterways.
DATES: Effective July 6, 2007.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Tobias, Jeff.Tobias@FCC.gov,
Mobility Division, Wireless
Telecommunications Bureau, (202) 418–
1617, or TTY (202) 418–7233.
SUPPLEMENTARY INFORMATION: This is a
summary of the Federal
Communications Commission’s Report
and Order in WT Docket No. 04–257
(Report and Order), FCC 07–87, adopted
on May 9, 2007, and released on May
10, 2007. 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 sending an
e-mail to fcc504@fcc.gov or by calling
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
1. The Report and Order addresses
issues raised in the Notice of Proposed
Rule Making (NPRM) in this WT Docket
No. 04–257 proceeding. The
Commission takes the following
significant actions in the Report and
Order: (i) Authorizes VPC and AMTS
licensees to provide private
correspondence service to units on land;
(ii) specifies that AMTS stations
providing private land mobile radio
service do not have to be interconnected
to the public switched telephone
network, but retains that
interconnection requirement for AMTS
stations providing commercial mobile
radio service; (iii) clarifies that VPC and
AMTS licensees providing service to
units on land must continue to ensure
that maritime communications have
priority, while also clarifying that a
licensee’s practice of dedicating
separate channels for land mobile
communications, on the one hand, and
maritime communications, on the other,
does not necessarily satisfy the maritime
priority requirement although it may
satisfy the requirement in certain
circumstances; (iv) declines to permit
VPC and AMTS licensees to provide
service to units on land pursuant to
regulations other than those in part 80,
except pursuant to a waiver, and (v)
declines to amend the part 80 rules to
specify that VPC channels may be used
for port operations and ship movement
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Agencies
[Federal Register Volume 72, Number 108 (Wednesday, June 6, 2007)]
[Rules and Regulations]
[Pages 31190-31192]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-2684]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 2
[ET Docket No. 03-108; FCC 07-66]
Cognitive Radio Technologies and Software Defined Radios
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document responds to two petitions concerning the rules
adopted in the Report and Order in this proceeding (``Cognitive Radio
Report and Order''). The Commission granted a petition for
clarification filed by Cisco Systems, Inc. (``Cisco'') requesting that
the Commission clarify the requirement to approve certain devices as
software defined radios, and its policy on the confidentiality of
software that controls security measures in software defined radios.
The Commission also granted in part and denied in part a petition for
reconsideration filed by Marcus Spectrum Solutions (``MSS'') requesting
that the Commission clarify the rules concerning the submission of
radio software source code, clarify the rules concerning the
certification of software defined amateur radio equipment, and initiate
a further proceeding to adopt regulatory requirements for high-power,
high-speed digital-to-analog (D/A) converters.
DATES: Effective July 6, 2007.
FOR FURTHER INFORMATION CONTACT: Hugh Van Tuyl, Policy and Rules
Division, Office of Engineering and Technology, (202) 418-7506, e-mail:
Hugh.VanTuyl@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Memorandum Opinion and Order, ET Docket No. 03-108, FCC 07-66, adopted
April 20, 2007 and released April 25, 2007. The full text of this
document is available on the Commission's Internet site at https://
www.fcc.gov. It is also 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 full text of this document
also may be purchased from the Commission's duplication contractor,
Best Copy and Printing Inc., Portals II, 445 12th St., SW., Room CY-
B402, Washington, DC 20554; telephone (202) 488-5300; fax (202) 488-
5563; e-mail FCC@BCPIWEB.COM.
Summary of the Memorandum Opinion and Order
1. On March 17, 2005, the Commission adopted the Cognitive Radio
Report and Order 70 FR 23032, May 4, 2005, in which it modified the
rules to reflect ongoing technical developments in cognitive and
software defined radio technologies. In response to the Cognitive Radio
Report and Order, Cisco and MSS each filed a petition seeking
reconsideration or clarification of various aspects of the Commission's
decisions in the Cognitive Radio Report and Order. The Information
Industry Technology Council (``ITI'') filed comments in opposition of
MSS' petition. No comments were filed in response to Cisco's petition.
In response to the two petitions concerning the rules adopted in the
Cognitive Radio Report and Order in this proceeding, the Commission
granted the petition for clarification filed by Cisco Systems, Inc.
(``Cisco'') requesting that the Commission clarify: (1) The requirement
to approve certain devices as software defined radios, and (2) its
policy on the confidentiality of software that controls security
measures in software defined radios. The Commission also granted in
part and denied in part a petition for reconsideration filed by Marcus
Spectrum Solutions (``MSS'') requesting that the Commission (1) Clarify
the rules concerning the submission of radio software source code, (2)
clarify the rules concerning the certification of software defined
amateur radio equipment, and (3) initiate a further proceeding to adopt
regulatory requirements for high-power, high-speed digital-to-analog
(D/A) converters.
2. In the Cognitive Radio Report and Order, the Commission modified
the rules to require that radios in which the software is designed or
expected to be modified by a party other than the manufacturer be
certified as software defined radios. To minimize the filing burden on
manufacturers, this requirement was narrowly tailored to affect only
those radios where the software can be modified by a party other than
the manufacturer because such radios pose a higher risk of interference
to authorized radio services. The definition of software defined radio
(SDR) is intentionally broad, while the category of equipment that is
required to be certified as SDRs is intentionally narrow. The
Commission agrees with Cisco that a reading of the definition of SDR in
the rules by itself may give the incorrect impression that more devices
must be certified as SDRs than the rules intended to require. The
Commission finds that the appropriate solution to Cisco's concern is to
add an additional sentence following the definition of SDR to indicate
the class of radios that must be certified as SDRs. It therefore
clarifies the rules by adding the following statement to the definition
of SDR: ``In accordance with Sec. 2.944 of this part, only radios in
which the software is designed or expected to be modified by a party
other than the manufacturer and would affect the listed operating
parameters or circumstances under which the radio transmits must be
certified as software defined radios.'' This action clarifies the
intent of the rules adopted in the Cognitive Radio Report and Order.
3. With regard to Cisco's second request, the Commission recognizes
that some manufacturers may wish to use open source software (e.g.,
GNU/Linux) in developing SDRs. The use of such software may have
advantages for manufacturers such as lower cost and decreased product
development time.
[[Page 31191]]
However, as Cisco notes, open source software may be subject to
licensing agreements that require the party modifying the code to make
the source code publicly available. The Commission did not address the
possibility of manufacturers using open source software to implement
security measures. However, it recognizes that hardware and software
security measures that interact with the open source software need not
be subject to an open source agreement. The Commission hereby states
that it is its policy, consistent with the intent of Cognitive Radio
Report and Order and Cisco's request, that manufacturers should not
intentionally make the distinctive elements that implement that
manufacturer's particular security measures in a software defined radio
public, if doing so would increase the risk that these security
measures could be defeated or otherwise circumvented to allow operation
of the radio in a manner that violates the Commission's rules. A system
that is wholly dependent on open source elements will have a high
burden to demonstrate that it is sufficiently secure to warrant
authorization as a software defined radio.
4. In response to the MSS petition for reconsideration, the
Commission clarifies that in the event that questions arise about the
compliance of a particular device, its staff has the authority to
request and examine any component, whether software or hardware, of a
radio system when needed for certification under Commission rules. The
manufacturer could request that the Commission hold the information
confidential, and the Commission would generally grant such a request
absent a compelling reason otherwise. The Commission expects that
requests for software source code would be extremely rare. It would not
be burdensome for a manufacturer to request confidentiality for
software source code, and the Commission finds there is no need to
modify the confidentiality rules to address a specific class of
information that would be requested only infrequently.
5. The Commission declines to take any actions with respect to
regulating the marketing of certain types of D/A converters. MSS does
not demonstrate any current need for regulation of D/A converters. It
admits that the types of D/A converters that it is concerned about are
not presently on the market, and that it is not aware of any
discussions about the possible marketing of these types of D/A
converters. The Commission therefore finds that MSS' concerns about
possible misuse of equipment not available now or in the foreseeable
future are premature, speculative, and not a basis for initiating a
further rule making proceeding at this time.
6. In regard to MSS' request for clarification about the regulatory
treatment of amateur radio equipment, the Commission did not intend to
impose any new certification requirements for amateur radio equipment
in the Cognitive Report and Order. External RF amplifiers that operate
below 144 MHz that are marketed for use with amateur stations will
continue to require certification before they can be marketed. Other
amateur radio equipment, including equipment that meets the definition
of a software defined radio and that has software that is designed or
expected to be modified by a party other than the manufacturer, will
continue to be exempt from a certification requirement. However, as the
Commission noted in the Cognitive Report and Order, certain
unauthorized modifications of amateur transmitters are unlawful. It may
revisit the issue of the certification of amateur equipment with
software modifiable features as identified above in the future if
misuse of such devices results in significant interference to
authorized spectrum users.
Procedural Matters
7. Final Regulatory Flexibility Certification. The Regulatory
Flexibility Act of 1980, as amended (RFA),\1\ requires that a
regulatory flexibility analysis be prepared for rulemaking proceedings,
unless the agency certifies that ``the rule will not 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.
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\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.''
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8. In the Cognitive Radio Report and Order, the Commission expanded
the definition of software defined radio (SDR) to include radios in
which software can control the circumstances under which the radio
operates in accordance with the Commission's rules. This broad
definition covers both radios that have software embedded on chips or
implemented in other ways so that the software cannot be readily
changed by the user, as well as radios that are designed so the
software can be easily changed after manufacture. In the Cognitive
Radio Report and Order, the Commission also modified the rules to
require that a radio be approved as an SDR if the software that
controls the operating parameters or the circumstances under which it
transmits is designed or expected to be modified by a party other than
the manufacturer. This requirement applies to only a narrow subset of
radios that meet the definition of SDR. A Final Regulatory Flexibility
Analysis was incorporated in the Cognitive Radio Report and Order.
Following publication of the Cognitive Radio Report and Order, Cisco
filed its petition seeking clarification of which radios require
certification as SDRs. In the Memorandum Opinion and Order, the
Commission amended the definition of SDR to reference the requirements
concerning which radios must be certified as SDRs. This change
clarifies the rules adopted in the Cognitive Radio Report and Order and
does not modify any compliance requirements. For this reason, this
change will not result in a ``significant economic burden'' on
manufacturers. Therefore, we certify that the amendments included in
the Memorandum Opinion and Order will not have a significant economic
impact on a substantial number of small entities.
9. 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.\5\ In addition, the
Memorandum Opinion and Order and this certification will be sent to the
Chief Counsel for Advocacy of the Small Business Administration, and
will be published in the Federal Register.\6\
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\5\ See 5 U.S.C. 801(a)(1)(A).
\6\ See 5 U.S.C. 605(b).
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10. This document does not contain any information collection
requirements
[[Page 31192]]
subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-
13.
Ordering Clauses
11. Pursuant to the Section 1, 4, 301, 302(a), and 303, of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154, 301,
302(a), and 303, the Memorandum Opinion and Order is adopted, and part
2 of the Commission's Rules is amended as specified in the attached
appendix, and will become effective 30 days after publication in the
Federal Register.
12. The petition for clarification filed by Cisco Systems, Inc. is
hereby granted. This action is taken pursuant to the authority
contained in Sections 4(i), 301, 302, 303(e), 303(f), and 303(r) of the
Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i), 301,
302, 303(e), 303(f), and 303(r).
13. The petition for reconsideration filed by Marcus Spectrum
Solutions is hereby granted in part and denied in part. This action is
taken pursuant to the authority contained in Sections 4(i), 301, 302,
303(e), 303(f), and 303(r) of the Communications Act of 1934, as
amended, 47 U.S.C. Sections 154(i), 301, 302, 303(e), 303(f), and
303(r).
14. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of the Memorandum
Opinion and Order, including the Final Regulatory Flexibility
Certification, to the Chief Counsel for Advocacy of the Small Business
Administration.
List of Subjects in 47 CFR Part 2
Communications equipment, Radio, Reporting, and recordkeeping
requirements.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
Final Rule
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR part 2 to read as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
Section 2.1(c) is amended by revising the definition of ``software
defined radio'' to read as follows:
Sec. 2.1 Terms and definitions.
* * * * *
(c) * * *
Software defined radio. A radio that includes a transmitter in
which the operating parameters of frequency range, modulation type or
maximum output power (either radiated or conducted), or the
circumstances under which the transmitter operates in accordance with
Commission rules, can be altered by making a change in software without
making any changes to hardware components that affect the radio
frequency emissions. In accordance with Sec. 2.944 of this part, only
radios in which the software is designed or expected to be modified by
a party other than the manufacturer and would affect the above-listed
operating parameters or circumstances under which the radio transmits
must be certified as software defined radios.
* * * * *
[FR Doc. 07-2684 Filed 6-5-07; 8:45 am]
BILLING CODE 6712-01-P