Tank Level Probing Radars in the Frequency Band 77-81 GHz, 9850-9856 [2010-4562]
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Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Proposed Rules
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[FR Doc. 2010–4328 Filed 3–3–10; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
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47 CFR Part 15
[ET Docket Nos. 10–23; 07–96; 06–216; FCC
10–14]
Tank Level Probing Radars in the
Frequency Band 77–81 GHz
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AGENCY: Federal Communications
Commission.
ACTION: Proposed rule.
SUMMARY: In this document the
Commission proposes to modify its
rules to allow tank level probing radar
(TLPR) devices to operate in the 77–81
GHz frequency band on an unlicensed
basis under the provisions of part 15 of
the Commission’s rules. Specifically,
the Commission proposes to modify
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§ 15.205 of the rules to remove the
prohibition on intentional emissions in
the 77–81 GHz band for TLPR devices
used in closed storage tanks and vessels
made of metal, concrete, or material
with similar attenuating characteristics,
at fixed locations at petroleum and
chemical production and storage
facilities, and similar commercial and
industrial sites. The Commission
believes that its proposals will enable
the development and deployment of
high frequency technology that operates
more effectively and reliably than
existing tank level measuring radar
technology in certain applications
where precision measurements are
needed, and in certain tanks which
cannot now accommodate existing
technology. The Commission believes
that, with appropriate restrictions, such
high frequency TLPR devices can
operate on an unlicensed basis without
causing harmful interference to
authorized services in the 77–81 GHz
band.
DATES: Comments must be filed on or
before June 2, 2010, and reply
comments must be filed on or before
July 2, 2010.
ADDRESSES: You may submit comments,
identified by ET Docket Nos. 10–23; 07–
96 and 06–216, by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web Site: https://
www.fcc.gov/cgb/ecfs/. Follow the
instructions for submitting comments.
• E-mail: [Optional: Include the Email address only if you plan to accept
comments from the general public].
Include the docket number(s) in the
subject line of the message.
• Mail: [Optional: Include the mailing
address for paper, disk or CD–ROM
submissions needed/requested by your
Bureau or Office. Do not include the
Office of the Secretary’s mailing address
here.]
• People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by e-mail: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION of
this document.
FOR FURTHER INFORMATION CONTACT: Anh
Wride, Office of Engineering and
Technology, (202) 418–0577, e-mail:
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Anh.Wride@fcc.gov, TTY (202) 418–
2989.
This is a
summary of the Commission’s Notice of
Proposed Rule Making and Order, ET
Docket Nos. 10–23; 07–96; and 06–216,
FCC 10–14, adopted January 14, 2010,
and released January 19, 2010. The full
text of this document is available for
inspection and copying during normal
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, SW., Room, CY–
B402, Washington, DC 20554. The full
text may also be downloaded at:
https://www.fcc.gov.
Pursuant to §§ 1.415 and 1.419 of the
Commission’s rules, 47 CFR 1.415,
1.419, interested parties may file
comments and reply comments on or
before the dates indicated on the first
page of this document. Comments may
be filed using: (1) The Commission’s
Electronic Comment Filing System
(ECFS), (2) the Federal Government’s
eRulemaking Portal, or (3) by filing
paper copies. See Electronic Filing of
Documents in Rulemaking Proceedings,
63 FR 24121 (1998).
• Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://
fjallfoss.fcc.gov/ecfs2/ or the Federal
eRulemaking Portal: https://
www.regulations.gov.
• Paper Filers: Parties who choose to
file by paper must file an original and
four copies of each filing. If more than
one docket or rulemaking number
appears in the caption of this
proceeding, filers must submit two
additional copies for each additional
docket or rulemaking number.
Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St., SW., Room TW–A325,
Washington, DC 20554. The filing hours
are 8 a.m. to 7 p.m. All hand deliveries
must be held together with rubber bands
or fasteners. Any envelopes must be
disposed of before entering the building.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300
SUPPLEMENTARY INFORMATION:
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East Hampton Drive, Capitol Heights,
MD 20743.
• U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street, SW.,
Washington, DC 20554.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an e-mail to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
Summary of Notice of Proposed
Rulemaking
In the Notice of Proposed Rule
Making (NPRM), the Commission
proposes to modify its rules to allow the
77–81 GHz frequency band to be used
for the operation of TLPR equipment
installed inside closed storage tanks
made of metal, concrete or other
material with similar attenuating
characteristics. The Commission
proposes a limit of +43 dBm on the
transmitter’s peak equivalent
isotropically radiated power (EIRP) and
+23 dBm on the transmitter’s average
EIRP levels for fundamental emissions
when measured in a laboratory setting,
i.e., not installed in a tank. The
Commission proposes to limit the
radiated emissions from a TLPR device,
when installed in representative tanks
of each material type, to the general
radiated emission limits for intentional
radiators in § 15.209(a) of our rules
when measured outside of the TLPR
tank enclosure in any direction and at
any frequency below 200 GHz. The
Commission proposes that installation
of TLPR devices be limited to
commercial usage in fixed locations. It
further proposes that in order to receive
certification, the device be subjected to
a compliance test procedure that
includes (a) testing of the transmitter’s
characteristics (fundamental emissions
and emissions at band edges, etc.); and
(b) radiated emission testing of the radar
installed inside representative storage
tanks for each type of tank material. The
Commission believes that these
proposals have the potential to foster
the development of a variety of tank
level radar measuring products that will
benefit industry by providing better
accuracy and reliability in target
resolution to identify critical levels of
materials such as fuel, water, sewer
treated waste and high risk substances,
thereby reducing storage tank overflow
and spilling while minimizing exposure
of maintenance personnel to high risk
materials. These proposals would
promote greater utility for the 77–81
GHz band without increasing the
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interference risk to authorized services
in the band.
Additionally, the Commission is
waiving § 15.205(a) of our rules, subject
to certain conditions, to allow Siemens
Milltronics Process Instruments Inc.
(Siemens), Ohmart/VEGA Corp.
(Ohmart/VEGA), and any other
responsible party marketing equipment
that complies with these conditions
(e.g., Endress+Hauser GmbH+Co. KG
(Endress+Hauser)) to manufacture,
certify, and market TLPR devices in the
77–81 GHz band for a period of two
years or until 180 days following the
adoption of a Report and Order in this
proceeding, whichever is longer. This
action will allow the new TLPR
technology to be utilized in the near
term while the Commission considers
modifying the general part 15 rules.
Siemens filed a Petition for
Rulemaking requesting that the
Commission amend its rules to allow
TLPR devices to operate in the restricted
77–81 GHz frequency band. The
Commission issued a Public Notice
soliciting comments on Siemens’s
request on December 6, 2006. Ohmart/
VEGA and Krohne America, Inc.
(Krohne) filed comments that generally
supported Siemens petition. Krohne
suggests that the Commission should
consider allowing TLPR devices to
operate in a larger portion of the
spectrum, i.e., 75–85 GHz band, to
harmonize with European rules for such
devices.
Concurrent with its rulemaking
petition, Siemens filed a request for
waiver of § 15.209(a) to allow TLPR
operation in the 78–79 GHz frequency
band, subject to certain conditions.
Ohmart/VEGA and Krohne filed in
support of the Siemens’ request.
Subsequently, Ohmart/VEGA also filed
a request for waiver of § 15.209(a) to
allow TLPR operation in the 77–81 GHz
band, subject to certain conditions.
Endress+Hauser filed in support of the
Ohmart/VEGA waiver request and asked
that it be granted the same relief. The
National Radio Astronomy Observatory
(NRAO) states that it would not object
to the Ohmart/VEGA waiver if it
Frequency Band of Operation.
Authorized operations in the 77–81 GHz
band currently include radio astronomy
(Federal and non-Federal at 76–85 GHz),
radiolocation (Federal and non-Federal
at 76–77.5 GHz and 78–81 GHz), space
research (Federal and non-Federal at
74–84 GHz), amateur (non-Federal at
76–81 GHz), and amateur satellite (nonFederal at 77–81 GHz). These services
typically employ highly directional
antennas because propagation loss is
significant over short distances at these
frequencies.
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The Commission believes that the
proposed TLPR operation will not cause
harmful interference to incumbent
services in the 77–81 GHz band, based
on several factors. First, the general
emission limits are 39.6 dB below the
emission levels that the Commission
previously determined is sufficient to
prevent harmful interference in this
frequency range. Second, emissions in
this band should attenuate more rapidly
than the rate predicted by free space
propagation due to the greater
attenuating effects on radio waves from
oxygen, water and any intervening
objects at these frequencies; thus, the
risk for harmful interference is minimal.
Third, TLPR devices would be installed
inside tanks which attenuate the
radiated emissions so that they would
not exceed our general emission limits
outside of the tank. Further, because
TLPR antennas would be pointing down
toward the material inside closed
storage tanks, side beam leakage should
be minimal given the tank enclosure’s
attenuation coefficient and the
absorption characteristics of the
material to be measured (liquid or
solid); thus, reflected signals should be
contained within the tank. Finally, the
Commission is proposing certain
operational conditions (regarding
emission limits, tank materials, and site
locations) that would further reduce the
likelihood of harmful interference to
authorized services. Accordingly, the
Commission believes that TLPR devices
would be able to share spectrum with
authorized services in the 77–81 GHz
band, and it seeks comment on what
impact, if any, our proposal to allow
TLPR operations in this band would
have on authorized services.
Regarding radio astronomy, the
Commission observes that NRAO
submitted comments in response to the
Ohmart/VEGA petition to request
special considerations to protect radio
astronomy services, such as a
mandatory 2 kilometer distance
separation, between any permanent
TLPR installation and radio astronomy
site. Although radio astronomy has a
primary allocation in the entire 77–81
GHz band proposed for TLPR
operations, the Commission notes that,
the part 15 rules currently allow
spurious emissions approximately 39.6
dB higher than the radiated emission
limit allowed in § 15.209 which the
Commission proposes to apply to TLPR
devices. In addition, vehicle radars,
which are subject to the higher emission
limits, are more likely to be operating in
the vicinity of radio astronomy sites
than TLPR devices in tanks at fixed
locations. The Commission already
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determined that the higher spurious
emissions would not result in harmful
interference, even without requiring a
minimum separation distance from
radio astronomy sites; operation at a
level 39.6 dB lower also should not be
a source of harmful interference.
Furthermore, radio astronomy stations
manage the RF systems used on their
properties, and thus they may choose to
exclude TLPR devices on their
properties. The Commission further
notes that TLPR devices currently
operate under the general noninterference requirements of § 15.5 of
our rules as would those proposed in
this NPRM. Under these rules, the
operator of a TLPR device is responsible
for eliminating any harmful interference
that may occur or must cease operation
upon notification by a Commission
representative that the device is causing
harmful interference. Thus, the
Commission believes that radio
astronomy sites would be sufficiently
protected. Accordingly, it tentatively
concludes that it is not necessary to
require any separation distance between
a TLPR installation and a radio
astronomy site. The Commission seeks
comment on this tentative conclusion.
The 75–85 GHz frequency band
encompasses many more incumbent
licensed operations than the 77–81 GHz
band requested by Siemens. In addition
to those services authorized in the 77–
81 GHz band identified, the authorized
services in the 75–85 GHz band include
fixed/mobile/fixed satellite (Federal and
non-Federal at 74–76 GHz and 81–85
GHz), mobile satellite (Federal and nonFederal at 81–84 GHz), and broadcast
and broadcast satellite (non-Federal at
74–76 GHz). In addition, unlicensed
vehicle radars are allowed to operate in
the 76–77 GHz band. Krohne notes that
these regions of the spectrum are
similarly allocated in Europe and in the
U.S., and ETSI studies have shown that
there is little risk of interference from
devices which emit at or below the
general emission limits for unlicensed
radiators. Moreover, Krohne states that
TLPR antennas, by design, are directed
downward and operate only inside of
tank structures which further reduce
any risk of harmful interference to other
spectrum users. Accordingly, Krohne
believes that there is little reason for the
Commission not to consider adopting
the same spectrum policies for TLPR
devices as those that are being followed
in Europe. The Commission seeks
comment on whether it should allow
TLPR devices to operate in the 75–85
GHz band, including what impact, if
any, such operations would have on
authorized users in the band. The
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Commission invites commenters to
submit into the record any technical
studies on the feasibility of allowing
TLPR devices to operate in the 75–85
GHz frequency band.
Radiated emission limits. Siemens
requests that the Commission establish
a peak EIRP level of +43 dBm for
fundamental emissions for TLPR
devices at 77–81 MHz, with 10 dB
attenuation requirement at band edges
and 20 dB attenuation requirement for
peak spurious emissions. Siemens
proposes that when a TLPR device is
installed in a storage tank, the radiated
emissions outside the TLPR tank
enclosure at any frequency in the range
of 40 to 250 GHz be limited to a level
of ¥41.3 dBm/MHz, which is an
equivalent isotropically radiated power
(‘‘EIRP’’) level that approximates the
general radiated emission limits for
intentional radiators under § 15.209(a)
of the rules. Siemens states that
protection of co-channel users as well as
other spectrum users in the
harmonically related bands is assured
by compliance of the TLPR device with
the part 15 requirement for intentional
radiators (i.e., attenuated to an EIRP
level of ¥41.3 dBm/MHz), as measured
in-situ outside the tank, and by
attenuation of emissions at band edges
and spurious emissions, as measured on
tests on the radar transmitter by itself.
As requested by Siemens, the
Commission proposes to allow TLPR
devices to operate in the 77–81 GHz
band at a maximum peak EIRP of +43
dBm. It is also proposing a maximum
average EIRP of +23 dBm. This is
consistent with the existing provision in
our rules which specifies a limit on
peak power that is 20 dB greater than
the average limit. The Commission also
proposes to require that when the radar
is installed inside a storage tank, the
device shall comply with the general
radiated emission limits in § 15.209(a),
in any direction outside the tank
enclosure. The Commission proposes to
apply the field strength emission limits
in § 15.209(a), rather than the limit on
EIRP requested by the petitioners to
regulate emissions radiated from the
enclosure. The specification of a limit
based on EIRP is appropriate when
discussing the level of emissions from a
transmitter. However, the Commission
believes that the levels of emissions
radiated from an enclosure are more
accurately characterized by a field
strength specification. The Commission
seeks comment on the proposals.
Siemens suggests limits on radiated
emissions outside the TLPR tank
enclosure at any frequency in the range
40 GHz to 250 GHz. The Commission
notes that its current part 15 rules
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require measurements of a transmitter
from the lowest fundamental frequency
up to the fifth harmonic or 200 GHz,
whichever is lesser. Measuring above
200 GHz, as Siemens proposes, could
require additional specialized
measurement instrumentation which
may not be readily available. The
Commission seeks comments on
potential problems that might be
encountered in measuring emissions
above 200 GHz. It further notes that if
a radar transmitter generates any radio
frequency signals below 40 GHz, e.g., if
it contains digital circuitry such as a
microprocessor, our rules require that
measurements be made at frequencies
lower than Siemens’ proposed 40 GHz
lower limit. Similar requirements would
apply to digital circuitry associated with
the radar’s receiver. As such, the
Commission believes that the part 15
rules concerning emissions above and
below 40 GHz are adequate for TLPR
devices and do not think that it is
necessary to extend the upper
measurement frequency to 250 GHz
from 200 GHz. The Commission seeks
comments on this tentative conclusion.
Radar Technique. The Commission
observes that currently TLPR devices
typically use either pulsed radar waves
or frequency-modulated continuous
waves (FMCW). In pulsed radars, short
duration pulses are transmitted toward
the target and the target distance is
calculated using the transit time. In
FMCW radars, a continuous frequencymodulated signal is transmitted, and the
frequency difference caused by the time
delay between transmission and
reception indicates the target distance.
The Commission believes that there
should be no restriction to the type of
radar technique used by the device,
because the radar technique used does
not appear to affect the interference
potential of the device, as long as the
device is compliant with the emission
limits. The Commission notes that ETSI
does not differentiate between radar
equipment using FMCW or pulse in its
standard. The Commission therefore
proposes to make available the 77–81
GHz frequency band for use by TLPR
devices incorporating any radar
technique, subject to the operational
restrictions discussed in the NPRM. The
Commission seeks comment on this
proposal.
Operational Restrictions. The
Commission proposes to require that
TLPR devices in the 77–81 GHz band be
installed in tanks made of metal,
concrete or material of similar
characteristics that attenuate radiated
emissions to the levels we proposed. It
also proposes to require that a TLPR
device be operated only when the tank
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is closed. The Commission notes that in
allowing the emission levels for the
transmitter, the ETSI standard
specifically states that the TLPR device
must be installed in closed metallic
tanks or reinforced concrete tanks, or
similar enclosure structures made of
material with comparable attenuating
characteristics. In closed tanks made of
metal or concrete material, the main
emissions outside the tank typically
result only from the leakage of the
escaping radar signal through the
transmitter enclosure or through the
mounting flange of the TLPR devices.
However, if the tank is open when the
radar is operating, the radar signal can
escape through any such opening. The
Commission also observes that there is
a large difference in attenuation
coefficient between metal/concrete and
plastic or fiberglass material. The
Commission is therefore concerned that
an open tank or a tank made of material
other than metal and/or concrete may
allow higher leakage of the radar signals
through any opening and through the
tank walls, which could potentially
cause harmful interference to other
radio services. The Commission seeks
comment on these proposals to restrict
the types of tanks these devices can be
installed in.
While the Commission is proposing to
restrict the types of tank materials to
metal and concrete, it is also requesting
comment on Siemens’ request that the
Commission allow the tank enclosure to
be of any material type (e.g., plastic,
fiberglass, etc.) The Commission notes
that at the proposed +23 dBm EIRP
average transmitted level, the TLPR
signal must be attenuated by at least
64.3 dB in order to meet the equivalent
¥41.3 dBm EIRP of § 15.209 radiated
emission limit of 500 μV/m at 3 meters.
The Commission therefore seeks
comment on whether it should also
allow installation of TLPR devices in
tanks made of other types of material of
lesser attenuation coefficient, including
open-air installations, and if so, what
additional measures it should adopt to
ensure that TLPR devices installed in
such enclosures comply with the limit
for radiated emissions outside the tank.
Comments should address what
additional limitations the Commission
should place on such use and any
supplemental parameters and
measurement procedures it should
consider. For example when other tank
materials are employed, should a more
stringent EIRP limit be imposed on the
radar transmitter, and how can it be
demonstrated that the material
employed provides sufficient
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attenuation to ensure that the emissions
do not exceed the limits in § 15.209?
The Commission also proposes to
limit installations of TLPR devices to
fixed locations in commercial or
industrial environments to minimize
proximity to authorized services
operating in the same frequency band. It
seeks comment on this proposal.
Compliance Testing. Siemens suggests
a 2-tiered testing approach to ensure
compliance of TLPR devices. It proposes
that we require the transmitter’s output
power to be tested to show compliance
with the emission limits both in-band
and at band edges and with unwanted
emission limits. It further proposes that
we require that the tank assembly be
tested with the transmitter installed
inside a representative storage tank at
three representative customer’s sites for
in-situ testing. Ohmart/VEGA suggests
that testing for compliance with the
limits when the TLPR is installed inside
the tank could be performed at an open
area test site (OATS) as well, rather than
in-situ at customers’ sites. The
Commission observes that testing the
tank assembly at a test site raises a
question of the types of tanks that can
be provided by the testing organization,
and whether they would be
representative enclosures of comparable
dimensions. It notes that ETSI allows
the use of a metallic test tank at a test
site. On the other hand, in-situ testing
would require compliance tests to be
performed on a representative tank
made of each material type at three
representative sites (e.g., a
representative metallic tank at three
representative sites, a representative
concrete tank at three representative
sites, etc.), which could prove
burdensome to the applicant depending
on the various enclosure types that are
intended to be used with the radar.
The Commission proposes to require
that TLPR devices be subjected to a
compliance test procedure that includes
(a) testing of the transmitter’s
characteristics (fundamental emissions
and emissions at band edges, etc.); and
(b) radiated emission testing of the radar
installed inside representative storage
tanks for each type of tank material. The
Commission seeks comment on this
proposal. It also seeks comment on
whether testing should be performed insitu with the radar installed inside
representative storage tanks at three
installations for each type of tank
material or if the in-situ testing could be
replaced by measuring the attenuation
characteristics of the type of material
proposed to be used for the tank; and
performing a radiated emission test at
an open area test site (OATS) to
demonstrate that the emissions that
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emanate from any part of the transmitter
which is external to the tank, i.e., the
portion of the transmitter that is not
shielded by the tank material, comply
with the § 15.209 emission limits in all
directions. This alternative procedure
would substitute for in-situ
measurements, reducing the burden for
the applicant, while ensuring that the
system complies with the applicable
emission limits.
The Commission also proposes to
require that TLPR devices designed to
operate in the 77–81 GHz band be
approved under the Commission’s
certification procedures and that
certification be performed by the
Commission rather than by
Telecommunications Certification
Bodies (TCB). Because a standard test
procedure for TLPR devices has not yet
been devised, this will enable the
Commission to develop appropriate
measurement guidelines for devices
operating in this frequency band. After
the Commission has developed
measurement guidelines and gained
experience with these devices, it may
allow certification by the TCBs. The
Commission seeks comment on this
proposal.
The Commission is also granting
waivers of the restriction on spurious
emissions in the 77–81 GHz band set
forth in § 15.205(a) to Siemens, Ohmart/
VEGA, and any other responsible party
(e.g., Endress+Hauser) that meets the
waiver conditions specified in this
NPRM. The Commission finds that a
waiver of the spurious emissions
restriction of § 15.205(a) as requested by
these petitioners will serve the public
interest because it will allow
deployment of TLPR devices with
improved accuracy and reliability and
will reduce risks caused by overfilling
and accidental spillage of storage tanks,
while the Commission considers
modifying our general part 15 rules in
the rulemaking proceeding that it is
initiating. The Commission concludes
that, with appropriate operational and
technical restrictions, a waiver of the
restriction on intentional emissions in
§ 15.205(a) can be granted for a limited
time pending the conclusion of our rule
making without increasing the potential
for harmful interference, and is
therefore in the public interest. These
findings apply equally to the requests of
Siemens and Ohmart/VEGA.
The Commission exempts TLPR
devices from the restriction on
intentional emissions in the 77–81 GHz
band, it is requiring them to comply
with our existing average radiated
emissions limit for devices operating
above 960 MHz, i.e., 500 μV/m or the
equivalent of ¥41.3 dBm/MHz EIRP, as
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measured at 3 meters. Further, the
Commission requires that TLPR devices
mandated and operated under the
waiver meet all part 15 requirements,
except for § 15.205(a), including the 20
dB peak-to-average requirement of
§ 15.35(b) which is also a controlling
factor on peak emissions.
Accordingly, with the exception of
§ 15.205(a), the Commission will require
TLPR devices operating under this
waiver to comply with all applicable
standards of part 15. The Commission
further finds that allowing controlled
deployments of TLPR devices operating
under the waiver at fixed locations at
industrial sites in metal or reinforced
concrete storage tanks will serve the
public interest by providing a reliable
means of protecting the environment
and the safety of employees in
industrial processes from the risks of
accidental spillage and exposure to high
risk materials. These areas would
include those that are critical to the
country’s infrastructure, such as
petrochemical and nuclear plants.
Deployment of TLPR devices will
enhance the security procedures of
these areas, thereby facilitating
homeland security efforts. The
Commission will limit TLPR devices
operating under this waiver to closed
tanks made of metal or concrete only,
for the reasons elaborated in
conjunction with our proposed rule
changes.
In addition, the storage tanks in
which the TLPR devices are to be
mounted will be at fixed locations, thus
increasing the likelihood that they will
be located away from and thus not
likely to interfere with authorized users
in the band. Further, since TLPR
installations will be limited to
commercial/industrial applications, the
Commission believes that such
installations will be maintained by
trained professionals, as noted by
Siemens. Finally, the Commission finds
that our compliance test procedure will
provide assurance that not only the
TLPR device’s design itself meets the
fundamental emissions and spurious
emissions requirements in our rules, but
that the installation (TLPR device and
storage tank) also comply with the rules.
The Commission therefore concludes
that the operational restrictions
constitute good controlling factors on
the scope and scale of use of TLPR
devices operating under this waiver,
thus minimizing their impact on
authorized radio users in the band.
The Commission has already
determined that spurious emissions at
39.6 dB higher than the limit in § 15.209
would not result in harmful
interference, even without separation
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requirements from radio astronomy
sites. Further, NRAO states that it does
not expect that TLPR devices will cause
harmful interference to radio astronomy.
The Commission believes that any
concerns that NRAO has in this regard
are adequately addressed with the other
operational restrictions it is imposing
(e.g., fixed location, commercial/
industrial applications) and if harmful
interference does occur despite our
expectation to the contrary, the TLPR
device will be required to be shut down.
With respect to Ohmart/VEGA’s offer
to maintain a database of TLPR
installations, we note that Siemens did
not make a similar offer. The
Commission recognizes that TLPR
devices operating under this waiver will
be fixed installations at commercial or
industrial locations, where there likely
would be few, if any, radio astronomy
sites. Although the Commission believes
that interference to radio astronomy is
very unlikely under these conditions, it
nonetheless will require that, for the
duration of the waiver, Siemens and
Ohmart/VEGA maintain lists of TLPR
installations that will be available to the
Commission in the event that an
interference complaint is raised by an
authorized user. Because customer
information is competitively sensitive,
the Commission will not require that the
lists be publicly available.
The Commission will not limit the
number of TLPR installations during the
waiver period, as Ohmart/VEGA offers.
It is imposing a number of conditions on
TLPR operation that reduces the
likelihood of interference, e.g., fixed
location, closed tank operation, metal or
reinforced concrete storage tanks, and
commercial/industrial locations.
The Commission will allow other
responsible parties, such as
Endress+Hauser, to request certification
of TLPR devices in the 77–81 GHz band,
provided they meet the conditions
described in the Order for operation in
these bands. The certification
application shall state that the party is
seeking approval under the terms and
conditions of the Order, and approved
devices will be subject to these terms
and conditions. If a responsible party
cannot attest that its TLPR device meets
the terms and conditions of this Order,
the Commission will not consider its
certification application unless that
party has requested a waiver of
applicable rules.
Accordingly, for a period of two years
or for a period of 180 days following the
adoption of a Report and Order in this
proceeding, whichever is longer, the
Commission is waiving the intentional
emissions restriction of § 15.205(a) to
allow any TLPR manufacturer to obtain
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FCC certification for its TLPR devices to
operate in the 77–81 GHz band subject
to compliance with the following
provisions:
(1) The TLPR device shall comply
with all the technical specifications
applicable to operation under part 15 of
47 CFR with the exception of
§ 15.205(a), and shall be certified by the
Commission.
(2) The TLPR device shall be
subjected to compliance testing to
demonstrate that:
i. The TLPR device’s fundamental
emissions shall comply with a peak
radiated EIRP limit of +43 dBm and an
average EIRP limit of +23 dBm in the
77–81 GHz band.
ii. Emissions from the device
appearing outside of the 77–81 GHz
band shall be attenuated to at least 20
dB below the highest level of the
fundamental emission. The ¥20 dB
bandwidth of the device must be
contained within the 77–81 GHz band,
under all conditions of operation
including the effects from pulsing or
other modulation techniques that may
be employed as well as the frequency
stability of the transmitter over the
temperature range ¥20 to +50 degrees
Celsius and an input voltage variation of
85% to 115% of rated input voltage.
iii. When installed in a storage tank,
emissions radiated in any direction from
the TLPR shall not exceed the general
limits in § 15.209 of the rules. Testing in
a storage tank shall be performed on
each type of representative tank.
(3) The TLPR device shall be installed
in storage tanks made of metal, concrete
or material with similar attenuating
characteristics only. The tank shall be
closed when the radar device is
operating. Care shall be taken to ensure
that gaskets, flanges, and other openings
are sealed to eliminate signal leakage
outside of the structure.
(4) The TLPR device shall be installed
only at fixed locations.
(5) The applicant shall maintain a
record of installations of the devices it
operates or sells under this waiver,
including the identity of the customer
and the address or geographical
coordinates of each installation, for the
duration of the waiver. This record shall
be made available to the Commission
upon request.
Ordering Clauses
Pursuant to §§ 1, 4(i), 303(f), 303(g),
and 303(r) of the Communications Act
of 1934, as amended, 47 U.S.C. 151,
154(i), 303(g), and 303(r), the Notice of
Proposed Rule Making is adopted and
the Petition for Rule Making by Siemens
Milltronics Process Instruments, Inc.
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sroberts on DSKD5P82C1PROD with PROPOSALS
filed on November 3, 2006, is hereby
granted to the extent described herein.
Pursuant to authority in § 1.3 of the
Commission’s rules, 47 CFR 1.3, and
§§ 4(i), 302, and 303(e), of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 302, and
303(e), the Request for Waiver filed by
Siemens Milltronics Process
Instruments, Inc. filed on November 3,
2006, is granted, consistent with the
terms of this Order. This action is
effective upon release of the Order.
Pursuant to authority in § 1.3 of the
Commission’s rules, 47 CFR 1.3, and
§§ 4(i), 302, and 303(e), of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 302, and
303(e), the Request for Waiver filed by
Ohmart/VEGA Corp. filed on April 30,
2007, is granted in part and denied in
part consistent with the terms of the
Order. This action is effective upon
release of the Order.
Pursuant to authority delegated in
§ 0.241 of the Commission’s rules, 47
CFR 0.241, the Office of Engineering
and Technology may approve
equipment certification applications
consistent with the terms and
conditions of the waivers granted by the
Order for any responsible party that
attests and demonstrates in its
application that it seeks approval under
and satisfies the terms and conditions of
the Order.
The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
the Notice of Proposed Rule Making and
Order, including the Initial Regulatory
Flexibility Analysis to the Chief Counsel
for Advocacy of the Small Business
Administration.
Initial Regulatory Flexibility Analysis
As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), the Commission has prepared
this present Initial Regulatory
Flexibility Analysis (IRFA) of the
possible significant economic impact on
a substantial number of small entities by
the policies and rules proposed in the
NPRM. Written public comments are
requested on this IRFA. Comments must
be identified as responses to the IRFA
and must be filed by the deadlines for
comments provided on the first page of
the NPRM. The Commission will send
a copy of the NPRM, including this
IRFA, to the Chief Counsel for Advocacy
of the Small Business Administration
(SBA).
A. Need for, and Objectives of, the
Proposed Rules
The rule making proposal was
initiated to obtain comments regarding
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proposed changes to the regulations for
radio frequency devices that do not
require a license to operate. The
Commission seeks to determine if the
standards should be amended to permit
intentional emissions in the 77–81 GHz
by tank level probing radars (TLPR) to
provide better accuracy and reliability
in target resolution to identify critical
levels of materials such as fuel, water
and sewer treated waste and high risk
substances. Specifically, we propose to
allow intentional emissions in the 77–
81 GHz restricted band for TLPR devices
used in closed storage tanks and vessels
made of metal, concrete or comparable
material, at petroleum and chemical
production and storage facilities and
similar industrial sites. The Commission
believes that our proposals herein
would enable TLPR devices to provide
better accuracy and reliability in target
resolution to identify critical levels of
materials such as fuel, water and sewer
treated waste and high risk substances.
The proposed amendments to our rules
will permit these devices to operate
effectively and reliably, reducing storage
tank overfill and spilling while
minimizing exposure of maintenance
personnel to high risk materials, all
without increasing the risk of
interference to authorized services.
B. Legal Basis
The proposed action is taken pursuant
to §§ 4(i), 301, 302, 303(e), 303(f), 303(r),
304 and 307 of the Communications Act
of 1934, as amended, 47 U.S.C. 154(i),
301, 302, 303(e), 303(f), 303(r), 304 and
307.
C. Description and Estimate of the
Number of Small Entities to Which the
Proposed Rules Will Apply
The RFA directs agencies to provide
a description of and, where feasible, an
estimate of the number of small entities
that may be affected by the proposed
rules, if adopted. The RFA generally
defines the term ‘‘small entity’’ as having
the same meaning as the terms ‘‘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 SBA.
Radio and Television Broadcasting
and Wireless Communications
Equipment Manufacturing. The Census
Bureau defines this category as follows:
‘‘This industry comprises establishments
primarily engaged in manufacturing
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9855
radio and television broadcast and
wireless communications equipment.
Examples of products made by these
establishments are: transmitting and
receiving antennas, cable television
equipment, GPS equipment, pagers,
cellular phones, mobile
communications equipment, and radio
and television studio and broadcasting
equipment.’’ The SBA has developed a
small business size standard for Radio
and Television Broadcasting and
Wireless Communications Equipment
Manufacturing, which is: all such firms
having 750 or fewer employees.
According to Census Bureau data for
2002, there were a total of 1,041
establishments in this category that
operated for the entire year. Of this
total, 1,010 had employment of under
500, and an additional 13 had
employment of 500 to 999. Thus, under
this size standard, the majority of firms
can be considered small.
Wireless Service Providers. The SBA
has developed a small business size
standard for wireless firms within the
two broad economic census categories
of ‘‘Paging’’ and ‘‘Cellular and Other
Wireless Telecommunications.’’ Under
both categories, the SBA deems a
wireless business to be small if it has
1,500 or fewer employees. For the
census category of Paging, Census
Bureau data for 2002 show that there
were 807 firms in this category that
operated for the entire year. Of this
total, 804 firms had employment of 999
or fewer employees, and three firms had
employment of 1,000 employees or
more. Thus, under this category and
associated small business size standard,
the majority of firms can be considered
small. For the census category of
Cellular and Other Wireless
Telecommunications, Census Bureau
data for 2002 show that there were 1,397
firms in this category that operated for
the entire year. Of this total, 1,378 firms
had employment of 999 or fewer
employees, and 19 firms had
employment of 1,000 employees or
more. Thus, under this second category
and size standard, the majority of firms
can, again, be considered small.
The Commission does not expect that
the rules proposed in the NPRM will
have a significant negative economic
impact on small businesses.
D. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
Part 15 transmitters already are
required to be authorized under the
Commission’s certification procedure as
a prerequisite to marketing and
importation. The reporting and
recordkeeping requirements associated
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Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Proposed Rules
with these equipment authorizations
would not be changed by the proposals
contained in this Notice. The changes to
the regulations would permit operation
of radar devices used in specific
industrial applications in a higher
frequency band (77–81 GHz).
E. Federal Rules That May Duplicate,
Overlap or Conflict With the Proposed
Rules
None.
List of Subjects in 47 CFR Part 15
Communications equipment, Radio,
Reporting and recordkeeping
requirements.
Federal Communications Commission
Marlene H. Dortch,
Secretary.
Rule Changes
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 15 to read as follows:
PART 15—RADIO FREQUENCY
DEVICES
1. The authority citation for part 15
continues to read as follows:
Authority: 47 U.S.C. 154, 302(a), 303, 304,
307, 336 and 544a.
fixed locations and in commercial or
industrial environments.
(b) The emission levels shall not
exceed the following:
(1) Within the 77–81 GHz band, the
equivalent isotropically radiated power
(EIRP) of the TLPR transmitter without
the storage tank shall not exceed +43
dBm peak and +23 dBm average.
(2) Emissions appearing outside of the
77–81 GHz band shall be attenuated to
at least 20 dB below the highest level of
the fundamental emission. The ¥20 dB
bandwidth of the device must be
contained within the 77–81 GHz band
under all conditions of operation
including the effects from pulsing or
other modulation techniques that may
be employed as well as the frequency
stability of the transmitter over the
temperature range ¥20 to +50 degrees
Celsius and an input voltage variation of
85% to 115% of rated input voltage.
(3) Emissions radiated in any
direction from the TLPR while installed
in the storage tank or enclosure shall not
exceed the general limits in 15.209 of
this part.
(4) Compliance measurements for
TLPR devices shall be made in
accordance with the measurement
guidelines specified by the Commission
for TLPR devices operating in the 77–81
GHz band.
2. Section 15.205 is amended by
revising paragraph (d)(4) to read as
follows:
[FR Doc. 2010–4562 Filed 3–3–10; 8:45 am]
§ 15.205
FEDERAL COMMUNICATIONS
COMMISSION
BILLING CODE 6712–01–P
Restricted bands of operation.
*
*
*
*
*
(d) * * *
(4) Any equipment operated under the
provisions of § 15.253, § 15.255,
§ 15.256 or § 15.257 of this part.
*
*
*
*
*
3. Section 15.256 is added to read as
follows:
sroberts on DSKD5P82C1PROD with PROPOSALS
§ 15.256
GHz.
Operation within the band 77–81
(a) Operation within the 77–81 GHz
band is limited to tank level probing
radars (TLPR) under the provisions of
this section.
(1) TLPR transmitters must be
operated only while mounted inside
storage tanks or similar structures with
antennas directed downward. Such
storage structures shall be made of
metal, concrete or other material with
substantially similar attenuating
characteristics. The tank shall be closed
during the operation of the intentional
radiator. Care shall be taken to ensure
that gaskets, flanges, and other openings
are sealed to eliminate signal leakage
outside of the structure.
(2) Storage tanks or structures housing
a TLPR device shall be installed only in
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47 CFR Part 73
[MB Docket No. 09–52; FCC 10–24]
Policies To Promote Rural Radio
Service and To Streamline Allotment
and Assignment Procedures
AGENCY: Federal Communications
Commission.
ACTION: Proposed rule.
SUMMARY: In this document, the
Commission adopted a Further Notice of
Proposed Rulemaking (FNPRM), in
which it announced that it was
considering, without proposing specific
rules, two issues urged by commenters
in this proceeding. First, the
Commission is considering whether,
how, and under what circumstances
federally-recognized Native American
Tribes and Alaska Native Villages
(Tribes) should receive a bidding credit
in auctions for new radio stations.
Second, the Commission is considering
whether and how the Tribal Priority
adopted in the First Report and Order
(First R&O) in this proceeding might be
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claimed by Tribes that do not possess
defined tribal lands.
DATES: Comments may be filed on or
before May 3, 2010 and reply comments
may be filed on or before June 2, 2010.
Written comments on the Paperwork
Reduction Act proposed information
collection requirements must be
submitted by the public, Office of
Management and Budget (OMB), and
other interested parties on or before May
3, 2010.
ADDRESSES: You may submit comments,
identified by MB Docket No. 09–52, by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web Site: https://
www.fcc.gov/cgb/ecfs/. Follow the
instructions for submitting comments.
• E-mail: ecfs@fcc.gov. Include the
docket number in the subject line of the
message. See the SUPPLEMENTARY
INFORMATION section of this document
for detailed information on how to
submit comments by e-mail.
• Mail: 445 12th Street, SW.,
Washington, DC 20554.
• People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by e-mail: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432. For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
Peter Doyle, Chief, Media Bureau,
Audio Division, (202) 418–2700;
Thomas Nessinger, Attorney-Advisor,
Media Bureau, Audio Division, (202)
418–2700.
For additional information concerning
the Paperwork Reduction Act
information collection requirements
contained in this document, contact
Cathy Williams at 202–418–2918, or via
the Internet at Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Further
Notice of Proposed Rulemaking, FCC
10–24, adopted January 28, 2010, and
released February 3, 2010.
Initial Paperwork Reduction Act of
1995 Analysis
The FNPRM contains potential
information collection requirements
subject to the PRA, Public Law 104–13.
OMB, the general public, and other
Federal agencies are invited to comment
on the potential new and modified
information collection requirements
E:\FR\FM\04MRP1.SGM
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Agencies
[Federal Register Volume 75, Number 42 (Thursday, March 4, 2010)]
[Proposed Rules]
[Pages 9850-9856]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4562]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 15
[ET Docket Nos. 10-23; 07-96; 06-216; FCC 10-14]
Tank Level Probing Radars in the Frequency Band 77-81 GHz
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document the Commission proposes to modify its rules
to allow tank level probing radar (TLPR) devices to operate in the 77-
81 GHz frequency band on an unlicensed basis under the provisions of
part 15 of the Commission's rules. Specifically, the Commission
proposes to modify Sec. 15.205 of the rules to remove the prohibition
on intentional emissions in the 77-81 GHz band for TLPR devices used in
closed storage tanks and vessels made of metal, concrete, or material
with similar attenuating characteristics, at fixed locations at
petroleum and chemical production and storage facilities, and similar
commercial and industrial sites. The Commission believes that its
proposals will enable the development and deployment of high frequency
technology that operates more effectively and reliably than existing
tank level measuring radar technology in certain applications where
precision measurements are needed, and in certain tanks which cannot
now accommodate existing technology. The Commission believes that, with
appropriate restrictions, such high frequency TLPR devices can operate
on an unlicensed basis without causing harmful interference to
authorized services in the 77-81 GHz band.
DATES: Comments must be filed on or before June 2, 2010, and reply
comments must be filed on or before July 2, 2010.
ADDRESSES: You may submit comments, identified by ET Docket Nos. 10-23;
07-96 and 06-216, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web Site: https://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
E-mail: [Optional: Include the E-mail address only if you
plan to accept comments from the general public]. Include the docket
number(s) in the subject line of the message.
Mail: [Optional: Include the mailing address for paper,
disk or CD-ROM submissions needed/requested by your Bureau or Office.
Do not include the Office of the Secretary's mailing address here.]
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION of this document.
FOR FURTHER INFORMATION CONTACT: Anh Wride, Office of Engineering and
Technology, (202) 418-0577, e-mail: Anh.Wride@fcc.gov, TTY (202) 418-
2989.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rule Making and Order, ET Docket Nos. 10-23; 07-96; and 06-
216, FCC 10-14, adopted January 14, 2010, and released January 19,
2010. The full text of this document is available for inspection and
copying during normal 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, SW., Room,
CY-B402, Washington, DC 20554. The full text may also be downloaded at:
https://www.fcc.gov.
Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments and reply
comments on or before the dates indicated on the first page of this
document. Comments may be filed using: (1) The Commission's Electronic
Comment Filing System (ECFS), (2) the Federal Government's eRulemaking
Portal, or (3) by filing paper copies. See Electronic Filing of
Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: https://fjallfoss.fcc.gov/ecfs2/ or the Federal eRulemaking Portal: https://www.regulations.gov.
Paper Filers: Parties who choose to file by paper must
file an original and four copies of each filing. If more than one
docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or
rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings
for the Commission's Secretary must be delivered to FCC Headquarters at
445 12th St., SW., Room TW-A325, Washington, DC 20554. The filing hours
are 8 a.m. to 7 p.m. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes must be disposed of before
entering the building.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300
[[Page 9851]]
East Hampton Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 445 12th Street, SW., Washington, DC 20554.
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
Summary of Notice of Proposed Rulemaking
In the Notice of Proposed Rule Making (NPRM), the Commission
proposes to modify its rules to allow the 77-81 GHz frequency band to
be used for the operation of TLPR equipment installed inside closed
storage tanks made of metal, concrete or other material with similar
attenuating characteristics. The Commission proposes a limit of +43 dBm
on the transmitter's peak equivalent isotropically radiated power
(EIRP) and +23 dBm on the transmitter's average EIRP levels for
fundamental emissions when measured in a laboratory setting, i.e., not
installed in a tank. The Commission proposes to limit the radiated
emissions from a TLPR device, when installed in representative tanks of
each material type, to the general radiated emission limits for
intentional radiators in Sec. 15.209(a) of our rules when measured
outside of the TLPR tank enclosure in any direction and at any
frequency below 200 GHz. The Commission proposes that installation of
TLPR devices be limited to commercial usage in fixed locations. It
further proposes that in order to receive certification, the device be
subjected to a compliance test procedure that includes (a) testing of
the transmitter's characteristics (fundamental emissions and emissions
at band edges, etc.); and (b) radiated emission testing of the radar
installed inside representative storage tanks for each type of tank
material. The Commission believes that these proposals have the
potential to foster the development of a variety of tank level radar
measuring products that will benefit industry by providing better
accuracy and reliability in target resolution to identify critical
levels of materials such as fuel, water, sewer treated waste and high
risk substances, thereby reducing storage tank overflow and spilling
while minimizing exposure of maintenance personnel to high risk
materials. These proposals would promote greater utility for the 77-81
GHz band without increasing the interference risk to authorized
services in the band.
Additionally, the Commission is waiving Sec. 15.205(a) of our
rules, subject to certain conditions, to allow Siemens Milltronics
Process Instruments Inc. (Siemens), Ohmart/VEGA Corp. (Ohmart/VEGA),
and any other responsible party marketing equipment that complies with
these conditions (e.g., Endress+Hauser GmbH+Co. KG (Endress+Hauser)) to
manufacture, certify, and market TLPR devices in the 77-81 GHz band for
a period of two years or until 180 days following the adoption of a
Report and Order in this proceeding, whichever is longer. This action
will allow the new TLPR technology to be utilized in the near term
while the Commission considers modifying the general part 15 rules.
Siemens filed a Petition for Rulemaking requesting that the
Commission amend its rules to allow TLPR devices to operate in the
restricted 77-81 GHz frequency band. The Commission issued a Public
Notice soliciting comments on Siemens's request on December 6, 2006.
Ohmart/VEGA and Krohne America, Inc. (Krohne) filed comments that
generally supported Siemens petition. Krohne suggests that the
Commission should consider allowing TLPR devices to operate in a larger
portion of the spectrum, i.e., 75-85 GHz band, to harmonize with
European rules for such devices.
Concurrent with its rulemaking petition, Siemens filed a request
for waiver of Sec. 15.209(a) to allow TLPR operation in the 78-79 GHz
frequency band, subject to certain conditions. Ohmart/VEGA and Krohne
filed in support of the Siemens' request. Subsequently, Ohmart/VEGA
also filed a request for waiver of Sec. 15.209(a) to allow TLPR
operation in the 77-81 GHz band, subject to certain conditions.
Endress+Hauser filed in support of the Ohmart/VEGA waiver request and
asked that it be granted the same relief. The National Radio Astronomy
Observatory (NRAO) states that it would not object to the Ohmart/VEGA
waiver if it
Frequency Band of Operation. Authorized operations in the 77-81 GHz
band currently include radio astronomy (Federal and non-Federal at 76-
85 GHz), radiolocation (Federal and non-Federal at 76-77.5 GHz and 78-
81 GHz), space research (Federal and non-Federal at 74-84 GHz), amateur
(non-Federal at 76-81 GHz), and amateur satellite (non-Federal at 77-81
GHz). These services typically employ highly directional antennas
because propagation loss is significant over short distances at these
frequencies.
The Commission believes that the proposed TLPR operation will not
cause harmful interference to incumbent services in the 77-81 GHz band,
based on several factors. First, the general emission limits are 39.6
dB below the emission levels that the Commission previously determined
is sufficient to prevent harmful interference in this frequency range.
Second, emissions in this band should attenuate more rapidly than the
rate predicted by free space propagation due to the greater attenuating
effects on radio waves from oxygen, water and any intervening objects
at these frequencies; thus, the risk for harmful interference is
minimal. Third, TLPR devices would be installed inside tanks which
attenuate the radiated emissions so that they would not exceed our
general emission limits outside of the tank. Further, because TLPR
antennas would be pointing down toward the material inside closed
storage tanks, side beam leakage should be minimal given the tank
enclosure's attenuation coefficient and the absorption characteristics
of the material to be measured (liquid or solid); thus, reflected
signals should be contained within the tank. Finally, the Commission is
proposing certain operational conditions (regarding emission limits,
tank materials, and site locations) that would further reduce the
likelihood of harmful interference to authorized services. Accordingly,
the Commission believes that TLPR devices would be able to share
spectrum with authorized services in the 77-81 GHz band, and it seeks
comment on what impact, if any, our proposal to allow TLPR operations
in this band would have on authorized services.
Regarding radio astronomy, the Commission observes that NRAO
submitted comments in response to the Ohmart/VEGA petition to request
special considerations to protect radio astronomy services, such as a
mandatory 2 kilometer distance separation, between any permanent TLPR
installation and radio astronomy site. Although radio astronomy has a
primary allocation in the entire 77-81 GHz band proposed for TLPR
operations, the Commission notes that, the part 15 rules currently
allow spurious emissions approximately 39.6 dB higher than the radiated
emission limit allowed in Sec. 15.209 which the Commission proposes to
apply to TLPR devices. In addition, vehicle radars, which are subject
to the higher emission limits, are more likely to be operating in the
vicinity of radio astronomy sites than TLPR devices in tanks at fixed
locations. The Commission already
[[Page 9852]]
determined that the higher spurious emissions would not result in
harmful interference, even without requiring a minimum separation
distance from radio astronomy sites; operation at a level 39.6 dB lower
also should not be a source of harmful interference. Furthermore, radio
astronomy stations manage the RF systems used on their properties, and
thus they may choose to exclude TLPR devices on their properties. The
Commission further notes that TLPR devices currently operate under the
general non-interference requirements of Sec. 15.5 of our rules as
would those proposed in this NPRM. Under these rules, the operator of a
TLPR device is responsible for eliminating any harmful interference
that may occur or must cease operation upon notification by a
Commission representative that the device is causing harmful
interference. Thus, the Commission believes that radio astronomy sites
would be sufficiently protected. Accordingly, it tentatively concludes
that it is not necessary to require any separation distance between a
TLPR installation and a radio astronomy site. The Commission seeks
comment on this tentative conclusion.
The 75-85 GHz frequency band encompasses many more incumbent
licensed operations than the 77-81 GHz band requested by Siemens. In
addition to those services authorized in the 77-81 GHz band identified,
the authorized services in the 75-85 GHz band include fixed/mobile/
fixed satellite (Federal and non-Federal at 74-76 GHz and 81-85 GHz),
mobile satellite (Federal and non-Federal at 81-84 GHz), and broadcast
and broadcast satellite (non-Federal at 74-76 GHz). In addition,
unlicensed vehicle radars are allowed to operate in the 76-77 GHz band.
Krohne notes that these regions of the spectrum are similarly allocated
in Europe and in the U.S., and ETSI studies have shown that there is
little risk of interference from devices which emit at or below the
general emission limits for unlicensed radiators. Moreover, Krohne
states that TLPR antennas, by design, are directed downward and operate
only inside of tank structures which further reduce any risk of harmful
interference to other spectrum users. Accordingly, Krohne believes that
there is little reason for the Commission not to consider adopting the
same spectrum policies for TLPR devices as those that are being
followed in Europe. The Commission seeks comment on whether it should
allow TLPR devices to operate in the 75-85 GHz band, including what
impact, if any, such operations would have on authorized users in the
band. The Commission invites commenters to submit into the record any
technical studies on the feasibility of allowing TLPR devices to
operate in the 75-85 GHz frequency band.
Radiated emission limits. Siemens requests that the Commission
establish a peak EIRP level of +43 dBm for fundamental emissions for
TLPR devices at 77-81 MHz, with 10 dB attenuation requirement at band
edges and 20 dB attenuation requirement for peak spurious emissions.
Siemens proposes that when a TLPR device is installed in a storage
tank, the radiated emissions outside the TLPR tank enclosure at any
frequency in the range of 40 to 250 GHz be limited to a level of -41.3
dBm/MHz, which is an equivalent isotropically radiated power (``EIRP'')
level that approximates the general radiated emission limits for
intentional radiators under Sec. 15.209(a) of the rules. Siemens
states that protection of co-channel users as well as other spectrum
users in the harmonically related bands is assured by compliance of the
TLPR device with the part 15 requirement for intentional radiators
(i.e., attenuated to an EIRP level of -41.3 dBm/MHz), as measured in-
situ outside the tank, and by attenuation of emissions at band edges
and spurious emissions, as measured on tests on the radar transmitter
by itself.
As requested by Siemens, the Commission proposes to allow TLPR
devices to operate in the 77-81 GHz band at a maximum peak EIRP of +43
dBm. It is also proposing a maximum average EIRP of +23 dBm. This is
consistent with the existing provision in our rules which specifies a
limit on peak power that is 20 dB greater than the average limit. The
Commission also proposes to require that when the radar is installed
inside a storage tank, the device shall comply with the general
radiated emission limits in Sec. 15.209(a), in any direction outside
the tank enclosure. The Commission proposes to apply the field strength
emission limits in Sec. 15.209(a), rather than the limit on EIRP
requested by the petitioners to regulate emissions radiated from the
enclosure. The specification of a limit based on EIRP is appropriate
when discussing the level of emissions from a transmitter. However, the
Commission believes that the levels of emissions radiated from an
enclosure are more accurately characterized by a field strength
specification. The Commission seeks comment on the proposals.
Siemens suggests limits on radiated emissions outside the TLPR tank
enclosure at any frequency in the range 40 GHz to 250 GHz. The
Commission notes that its current part 15 rules require measurements of
a transmitter from the lowest fundamental frequency up to the fifth
harmonic or 200 GHz, whichever is lesser. Measuring above 200 GHz, as
Siemens proposes, could require additional specialized measurement
instrumentation which may not be readily available. The Commission
seeks comments on potential problems that might be encountered in
measuring emissions above 200 GHz. It further notes that if a radar
transmitter generates any radio frequency signals below 40 GHz, e.g.,
if it contains digital circuitry such as a microprocessor, our rules
require that measurements be made at frequencies lower than Siemens'
proposed 40 GHz lower limit. Similar requirements would apply to
digital circuitry associated with the radar's receiver. As such, the
Commission believes that the part 15 rules concerning emissions above
and below 40 GHz are adequate for TLPR devices and do not think that it
is necessary to extend the upper measurement frequency to 250 GHz from
200 GHz. The Commission seeks comments on this tentative conclusion.
Radar Technique. The Commission observes that currently TLPR
devices typically use either pulsed radar waves or frequency-modulated
continuous waves (FMCW). In pulsed radars, short duration pulses are
transmitted toward the target and the target distance is calculated
using the transit time. In FMCW radars, a continuous frequency-
modulated signal is transmitted, and the frequency difference caused by
the time delay between transmission and reception indicates the target
distance. The Commission believes that there should be no restriction
to the type of radar technique used by the device, because the radar
technique used does not appear to affect the interference potential of
the device, as long as the device is compliant with the emission
limits. The Commission notes that ETSI does not differentiate between
radar equipment using FMCW or pulse in its standard. The Commission
therefore proposes to make available the 77-81 GHz frequency band for
use by TLPR devices incorporating any radar technique, subject to the
operational restrictions discussed in the NPRM. The Commission seeks
comment on this proposal.
Operational Restrictions. The Commission proposes to require that
TLPR devices in the 77-81 GHz band be installed in tanks made of metal,
concrete or material of similar characteristics that attenuate radiated
emissions to the levels we proposed. It also proposes to require that a
TLPR device be operated only when the tank
[[Page 9853]]
is closed. The Commission notes that in allowing the emission levels
for the transmitter, the ETSI standard specifically states that the
TLPR device must be installed in closed metallic tanks or reinforced
concrete tanks, or similar enclosure structures made of material with
comparable attenuating characteristics. In closed tanks made of metal
or concrete material, the main emissions outside the tank typically
result only from the leakage of the escaping radar signal through the
transmitter enclosure or through the mounting flange of the TLPR
devices. However, if the tank is open when the radar is operating, the
radar signal can escape through any such opening. The Commission also
observes that there is a large difference in attenuation coefficient
between metal/concrete and plastic or fiberglass material. The
Commission is therefore concerned that an open tank or a tank made of
material other than metal and/or concrete may allow higher leakage of
the radar signals through any opening and through the tank walls, which
could potentially cause harmful interference to other radio services.
The Commission seeks comment on these proposals to restrict the types
of tanks these devices can be installed in.
While the Commission is proposing to restrict the types of tank
materials to metal and concrete, it is also requesting comment on
Siemens' request that the Commission allow the tank enclosure to be of
any material type (e.g., plastic, fiberglass, etc.) The Commission
notes that at the proposed +23 dBm EIRP average transmitted level, the
TLPR signal must be attenuated by at least 64.3 dB in order to meet the
equivalent -41.3 dBm EIRP of Sec. 15.209 radiated emission limit of
500 [micro]V/m at 3 meters. The Commission therefore seeks comment on
whether it should also allow installation of TLPR devices in tanks made
of other types of material of lesser attenuation coefficient, including
open-air installations, and if so, what additional measures it should
adopt to ensure that TLPR devices installed in such enclosures comply
with the limit for radiated emissions outside the tank. Comments should
address what additional limitations the Commission should place on such
use and any supplemental parameters and measurement procedures it
should consider. For example when other tank materials are employed,
should a more stringent EIRP limit be imposed on the radar transmitter,
and how can it be demonstrated that the material employed provides
sufficient attenuation to ensure that the emissions do not exceed the
limits in Sec. 15.209?
The Commission also proposes to limit installations of TLPR devices
to fixed locations in commercial or industrial environments to minimize
proximity to authorized services operating in the same frequency band.
It seeks comment on this proposal.
Compliance Testing. Siemens suggests a 2-tiered testing approach to
ensure compliance of TLPR devices. It proposes that we require the
transmitter's output power to be tested to show compliance with the
emission limits both in-band and at band edges and with unwanted
emission limits. It further proposes that we require that the tank
assembly be tested with the transmitter installed inside a
representative storage tank at three representative customer's sites
for in-situ testing. Ohmart/VEGA suggests that testing for compliance
with the limits when the TLPR is installed inside the tank could be
performed at an open area test site (OATS) as well, rather than in-situ
at customers' sites. The Commission observes that testing the tank
assembly at a test site raises a question of the types of tanks that
can be provided by the testing organization, and whether they would be
representative enclosures of comparable dimensions. It notes that ETSI
allows the use of a metallic test tank at a test site. On the other
hand, in-situ testing would require compliance tests to be performed on
a representative tank made of each material type at three
representative sites (e.g., a representative metallic tank at three
representative sites, a representative concrete tank at three
representative sites, etc.), which could prove burdensome to the
applicant depending on the various enclosure types that are intended to
be used with the radar.
The Commission proposes to require that TLPR devices be subjected
to a compliance test procedure that includes (a) testing of the
transmitter's characteristics (fundamental emissions and emissions at
band edges, etc.); and (b) radiated emission testing of the radar
installed inside representative storage tanks for each type of tank
material. The Commission seeks comment on this proposal. It also seeks
comment on whether testing should be performed in-situ with the radar
installed inside representative storage tanks at three installations
for each type of tank material or if the in-situ testing could be
replaced by measuring the attenuation characteristics of the type of
material proposed to be used for the tank; and performing a radiated
emission test at an open area test site (OATS) to demonstrate that the
emissions that emanate from any part of the transmitter which is
external to the tank, i.e., the portion of the transmitter that is not
shielded by the tank material, comply with the Sec. 15.209 emission
limits in all directions. This alternative procedure would substitute
for in-situ measurements, reducing the burden for the applicant, while
ensuring that the system complies with the applicable emission limits.
The Commission also proposes to require that TLPR devices designed
to operate in the 77-81 GHz band be approved under the Commission's
certification procedures and that certification be performed by the
Commission rather than by Telecommunications Certification Bodies
(TCB). Because a standard test procedure for TLPR devices has not yet
been devised, this will enable the Commission to develop appropriate
measurement guidelines for devices operating in this frequency band.
After the Commission has developed measurement guidelines and gained
experience with these devices, it may allow certification by the TCBs.
The Commission seeks comment on this proposal.
The Commission is also granting waivers of the restriction on
spurious emissions in the 77-81 GHz band set forth in Sec. 15.205(a)
to Siemens, Ohmart/VEGA, and any other responsible party (e.g.,
Endress+Hauser) that meets the waiver conditions specified in this
NPRM. The Commission finds that a waiver of the spurious emissions
restriction of Sec. 15.205(a) as requested by these petitioners will
serve the public interest because it will allow deployment of TLPR
devices with improved accuracy and reliability and will reduce risks
caused by overfilling and accidental spillage of storage tanks, while
the Commission considers modifying our general part 15 rules in the
rulemaking proceeding that it is initiating. The Commission concludes
that, with appropriate operational and technical restrictions, a waiver
of the restriction on intentional emissions in Sec. 15.205(a) can be
granted for a limited time pending the conclusion of our rule making
without increasing the potential for harmful interference, and is
therefore in the public interest. These findings apply equally to the
requests of Siemens and Ohmart/VEGA.
The Commission exempts TLPR devices from the restriction on
intentional emissions in the 77-81 GHz band, it is requiring them to
comply with our existing average radiated emissions limit for devices
operating above 960 MHz, i.e., 500 [micro]V/m or the equivalent of -
41.3 dBm/MHz EIRP, as
[[Page 9854]]
measured at 3 meters. Further, the Commission requires that TLPR
devices mandated and operated under the waiver meet all part 15
requirements, except for Sec. 15.205(a), including the 20 dB peak-to-
average requirement of Sec. 15.35(b) which is also a controlling
factor on peak emissions.
Accordingly, with the exception of Sec. 15.205(a), the Commission
will require TLPR devices operating under this waiver to comply with
all applicable standards of part 15. The Commission further finds that
allowing controlled deployments of TLPR devices operating under the
waiver at fixed locations at industrial sites in metal or reinforced
concrete storage tanks will serve the public interest by providing a
reliable means of protecting the environment and the safety of
employees in industrial processes from the risks of accidental spillage
and exposure to high risk materials. These areas would include those
that are critical to the country's infrastructure, such as
petrochemical and nuclear plants. Deployment of TLPR devices will
enhance the security procedures of these areas, thereby facilitating
homeland security efforts. The Commission will limit TLPR devices
operating under this waiver to closed tanks made of metal or concrete
only, for the reasons elaborated in conjunction with our proposed rule
changes.
In addition, the storage tanks in which the TLPR devices are to be
mounted will be at fixed locations, thus increasing the likelihood that
they will be located away from and thus not likely to interfere with
authorized users in the band. Further, since TLPR installations will be
limited to commercial/industrial applications, the Commission believes
that such installations will be maintained by trained professionals, as
noted by Siemens. Finally, the Commission finds that our compliance
test procedure will provide assurance that not only the TLPR device's
design itself meets the fundamental emissions and spurious emissions
requirements in our rules, but that the installation (TLPR device and
storage tank) also comply with the rules. The Commission therefore
concludes that the operational restrictions constitute good controlling
factors on the scope and scale of use of TLPR devices operating under
this waiver, thus minimizing their impact on authorized radio users in
the band.
The Commission has already determined that spurious emissions at
39.6 dB higher than the limit in Sec. 15.209 would not result in
harmful interference, even without separation requirements from radio
astronomy sites. Further, NRAO states that it does not expect that TLPR
devices will cause harmful interference to radio astronomy. The
Commission believes that any concerns that NRAO has in this regard are
adequately addressed with the other operational restrictions it is
imposing (e.g., fixed location, commercial/industrial applications) and
if harmful interference does occur despite our expectation to the
contrary, the TLPR device will be required to be shut down.
With respect to Ohmart/VEGA's offer to maintain a database of TLPR
installations, we note that Siemens did not make a similar offer. The
Commission recognizes that TLPR devices operating under this waiver
will be fixed installations at commercial or industrial locations,
where there likely would be few, if any, radio astronomy sites.
Although the Commission believes that interference to radio astronomy
is very unlikely under these conditions, it nonetheless will require
that, for the duration of the waiver, Siemens and Ohmart/VEGA maintain
lists of TLPR installations that will be available to the Commission in
the event that an interference complaint is raised by an authorized
user. Because customer information is competitively sensitive, the
Commission will not require that the lists be publicly available.
The Commission will not limit the number of TLPR installations
during the waiver period, as Ohmart/VEGA offers. It is imposing a
number of conditions on TLPR operation that reduces the likelihood of
interference, e.g., fixed location, closed tank operation, metal or
reinforced concrete storage tanks, and commercial/industrial locations.
The Commission will allow other responsible parties, such as
Endress+Hauser, to request certification of TLPR devices in the 77-81
GHz band, provided they meet the conditions described in the Order for
operation in these bands. The certification application shall state
that the party is seeking approval under the terms and conditions of
the Order, and approved devices will be subject to these terms and
conditions. If a responsible party cannot attest that its TLPR device
meets the terms and conditions of this Order, the Commission will not
consider its certification application unless that party has requested
a waiver of applicable rules.
Accordingly, for a period of two years or for a period of 180 days
following the adoption of a Report and Order in this proceeding,
whichever is longer, the Commission is waiving the intentional
emissions restriction of Sec. 15.205(a) to allow any TLPR manufacturer
to obtain FCC certification for its TLPR devices to operate in the 77-
81 GHz band subject to compliance with the following provisions:
(1) The TLPR device shall comply with all the technical
specifications applicable to operation under part 15 of 47 CFR with the
exception of Sec. 15.205(a), and shall be certified by the Commission.
(2) The TLPR device shall be subjected to compliance testing to
demonstrate that:
i. The TLPR device's fundamental emissions shall comply with a peak
radiated EIRP limit of +43 dBm and an average EIRP limit of +23 dBm in
the 77-81 GHz band.
ii. Emissions from the device appearing outside of the 77-81 GHz
band shall be attenuated to at least 20 dB below the highest level of
the fundamental emission. The -20 dB bandwidth of the device must be
contained within the 77-81 GHz band, under all conditions of operation
including the effects from pulsing or other modulation techniques that
may be employed as well as the frequency stability of the transmitter
over the temperature range -20 to +50 degrees Celsius and an input
voltage variation of 85% to 115% of rated input voltage.
iii. When installed in a storage tank, emissions radiated in any
direction from the TLPR shall not exceed the general limits in Sec.
15.209 of the rules. Testing in a storage tank shall be performed on
each type of representative tank.
(3) The TLPR device shall be installed in storage tanks made of
metal, concrete or material with similar attenuating characteristics
only. The tank shall be closed when the radar device is operating. Care
shall be taken to ensure that gaskets, flanges, and other openings are
sealed to eliminate signal leakage outside of the structure.
(4) The TLPR device shall be installed only at fixed locations.
(5) The applicant shall maintain a record of installations of the
devices it operates or sells under this waiver, including the identity
of the customer and the address or geographical coordinates of each
installation, for the duration of the waiver. This record shall be made
available to the Commission upon request.
Ordering Clauses
Pursuant to Sec. Sec. 1, 4(i), 303(f), 303(g), and 303(r) of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 303(g),
and 303(r), the Notice of Proposed Rule Making is adopted and the
Petition for Rule Making by Siemens Milltronics Process Instruments,
Inc.
[[Page 9855]]
filed on November 3, 2006, is hereby granted to the extent described
herein.
Pursuant to authority in Sec. 1.3 of the Commission's rules, 47
CFR 1.3, and Sec. Sec. 4(i), 302, and 303(e), of the Communications
Act of 1934, as amended, 47 U.S.C. 154(i), 302, and 303(e), the Request
for Waiver filed by Siemens Milltronics Process Instruments, Inc. filed
on November 3, 2006, is granted, consistent with the terms of this
Order. This action is effective upon release of the Order.
Pursuant to authority in Sec. 1.3 of the Commission's rules, 47
CFR 1.3, and Sec. Sec. 4(i), 302, and 303(e), of the Communications
Act of 1934, as amended, 47 U.S.C. 154(i), 302, and 303(e), the Request
for Waiver filed by Ohmart/VEGA Corp. filed on April 30, 2007, is
granted in part and denied in part consistent with the terms of the
Order. This action is effective upon release of the Order.
Pursuant to authority delegated in Sec. 0.241 of the Commission's
rules, 47 CFR 0.241, the Office of Engineering and Technology may
approve equipment certification applications consistent with the terms
and conditions of the waivers granted by the Order for any responsible
party that attests and demonstrates in its application that it seeks
approval under and satisfies the terms and conditions of the Order.
The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of the Notice of
Proposed Rule Making and Order, including the Initial Regulatory
Flexibility Analysis to the Chief Counsel for Advocacy of the Small
Business Administration.
Initial Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA), the Commission has prepared this present Initial Regulatory
Flexibility Analysis (IRFA) of the possible significant economic impact
on a substantial number of small entities by the policies and rules
proposed in the NPRM. Written public comments are requested on this
IRFA. Comments must be identified as responses to the IRFA and must be
filed by the deadlines for comments provided on the first page of the
NPRM. The Commission will send a copy of the NPRM, including this IRFA,
to the Chief Counsel for Advocacy of the Small Business Administration
(SBA).
A. Need for, and Objectives of, the Proposed Rules
The rule making proposal was initiated to obtain comments regarding
proposed changes to the regulations for radio frequency devices that do
not require a license to operate. The Commission seeks to determine if
the standards should be amended to permit intentional emissions in the
77-81 GHz by tank level probing radars (TLPR) to provide better
accuracy and reliability in target resolution to identify critical
levels of materials such as fuel, water and sewer treated waste and
high risk substances. Specifically, we propose to allow intentional
emissions in the 77-81 GHz restricted band for TLPR devices used in
closed storage tanks and vessels made of metal, concrete or comparable
material, at petroleum and chemical production and storage facilities
and similar industrial sites. The Commission believes that our
proposals herein would enable TLPR devices to provide better accuracy
and reliability in target resolution to identify critical levels of
materials such as fuel, water and sewer treated waste and high risk
substances. The proposed amendments to our rules will permit these
devices to operate effectively and reliably, reducing storage tank
overfill and spilling while minimizing exposure of maintenance
personnel to high risk materials, all without increasing the risk of
interference to authorized services.
B. Legal Basis
The proposed action is taken pursuant to Sec. Sec. 4(i), 301, 302,
303(e), 303(f), 303(r), 304 and 307 of the Communications Act of 1934,
as amended, 47 U.S.C. 154(i), 301, 302, 303(e), 303(f), 303(r), 304 and
307.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``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 SBA.
Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturing. The Census Bureau defines this category as
follows: ``This industry comprises establishments primarily engaged in
manufacturing radio and television broadcast and wireless
communications equipment. Examples of products made by these
establishments are: transmitting and receiving antennas, cable
television equipment, GPS equipment, pagers, cellular phones, mobile
communications equipment, and radio and television studio and
broadcasting equipment.'' The SBA has developed a small business size
standard for Radio and Television Broadcasting and Wireless
Communications Equipment Manufacturing, which is: all such firms having
750 or fewer employees. According to Census Bureau data for 2002, there
were a total of 1,041 establishments in this category that operated for
the entire year. Of this total, 1,010 had employment of under 500, and
an additional 13 had employment of 500 to 999. Thus, under this size
standard, the majority of firms can be considered small.
Wireless Service Providers. The SBA has developed a small business
size standard for wireless firms within the two broad economic census
categories of ``Paging'' and ``Cellular and Other Wireless
Telecommunications.'' Under both categories, the SBA deems a wireless
business to be small if it has 1,500 or fewer employees. For the census
category of Paging, Census Bureau data for 2002 show that there were
807 firms in this category that operated for the entire year. Of this
total, 804 firms had employment of 999 or fewer employees, and three
firms had employment of 1,000 employees or more. Thus, under this
category and associated small business size standard, the majority of
firms can be considered small. For the census category of Cellular and
Other Wireless Telecommunications, Census Bureau data for 2002 show
that there were 1,397 firms in this category that operated for the
entire year. Of this total, 1,378 firms had employment of 999 or fewer
employees, and 19 firms had employment of 1,000 employees or more.
Thus, under this second category and size standard, the majority of
firms can, again, be considered small.
The Commission does not expect that the rules proposed in the NPRM
will have a significant negative economic impact on small businesses.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
Part 15 transmitters already are required to be authorized under
the Commission's certification procedure as a prerequisite to marketing
and importation. The reporting and recordkeeping requirements
associated
[[Page 9856]]
with these equipment authorizations would not be changed by the
proposals contained in this Notice. The changes to the regulations
would permit operation of radar devices used in specific industrial
applications in a higher frequency band (77-81 GHz).
E. Federal Rules That May Duplicate, Overlap or Conflict With the
Proposed Rules
None.
List of Subjects in 47 CFR Part 15
Communications equipment, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission
Marlene H. Dortch,
Secretary.
Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 15 to read as
follows:
PART 15--RADIO FREQUENCY DEVICES
1. The authority citation for part 15 continues to read as follows:
Authority: 47 U.S.C. 154, 302(a), 303, 304, 307, 336 and 544a.
2. Section 15.205 is amended by revising paragraph (d)(4) to read
as follows:
Sec. 15.205 Restricted bands of operation.
* * * * *
(d) * * *
(4) Any equipment operated under the provisions of Sec. 15.253,
Sec. 15.255, Sec. 15.256 or Sec. 15.257 of this part.
* * * * *
3. Section 15.256 is added to read as follows:
Sec. 15.256 Operation within the band 77-81 GHz.
(a) Operation within the 77-81 GHz band is limited to tank level
probing radars (TLPR) under the provisions of this section.
(1) TLPR transmitters must be operated only while mounted inside
storage tanks or similar structures with antennas directed downward.
Such storage structures shall be made of metal, concrete or other
material with substantially similar attenuating characteristics. The
tank shall be closed during the operation of the intentional radiator.
Care shall be taken to ensure that gaskets, flanges, and other openings
are sealed to eliminate signal leakage outside of the structure.
(2) Storage tanks or structures housing a TLPR device shall be
installed only in fixed locations and in commercial or industrial
environments.
(b) The emission levels shall not exceed the following:
(1) Within the 77-81 GHz band, the equivalent isotropically
radiated power (EIRP) of the TLPR transmitter without the storage tank
shall not exceed +43 dBm peak and +23 dBm average.
(2) Emissions appearing outside of the 77-81 GHz band shall be
attenuated to at least 20 dB below the highest level of the fundamental
emission. The -20 dB bandwidth of the device must be contained within
the 77-81 GHz band under all conditions of operation including the
effects from pulsing or other modulation techniques that may be
employed as well as the frequency stability of the transmitter over the
temperature range -20 to +50 degrees Celsius and an input voltage
variation of 85% to 115% of rated input voltage.
(3) Emissions radiated in any direction from the TLPR while
installed in the storage tank or enclosure shall not exceed the general
limits in 15.209 of this part.
(4) Compliance measurements for TLPR devices shall be made in
accordance with the measurement guidelines specified by the Commission
for TLPR devices operating in the 77-81 GHz band.
[FR Doc. 2010-4562 Filed 3-3-10; 8:45 am]
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