Unlicensed Personal Communications Services Devices in the 1920-1930 MHz Band, 33220-33226 [2010-14101]
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Federal Register / Vol. 75, No. 112 / Friday, June 11, 2010 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2006–0132; FRL–9161–1]
Extension of Public Comment Period
for Proposed Rule on the Approval and
Promulgation of Implementation Plans;
Texas; Excess Emissions During
Startup, Shutdown, Maintenance, and
Malfunction Activities
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Extension of public comment
period.
SUMMARY: The EPA is announcing a 14day extension of the public comment
period for the proposed ‘‘Approval and
Promulgation of Implementation Plans;
Texas; Excess Emissions During Startup,
Shutdown, Maintenance, and
Malfunction Activities.’’ As initially
published in the Federal Register on
May 13, 2010 (75 FR 26892), written
comments on the proposal for
rulemaking were to be submitted to EPA
on or before June 14, 2010 (a 30-day
public comment period). Since
publication, EPA has received requests
for additional time to submit comments.
Therefore, the public comment period
will now end on June 28, 2010. This
extension is time-limited because the
rule has to be finalized by October 31,
2010 under the terms of a settlement
agreement.
DATES: The public comment period for
this proposed rule is extended until
June 28, 2010.
FOR FURTHER INFORMATION CONTACT: Mr.
Alan Shar, Air Planning Section (6PD–
L), Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202–2733, telephone
(214) 665–6691, fax (214) 665–7263, email address shar.alan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
A. Extension of Public Comment Period
The proposed rule was signed on May
5, 2010, and published in the Federal
Register on May 13, 2010 (75 FR 26892).
The EPA has received requests for
additional time to comment on the
proposal. Since the 30-day public
comment period would have concluded
on June 14, 2010, EPA has decided to
extend the comment period until June
28, 2010. This extension is time-limited
because the rule must be finalized by
October 31, 2010 under the terms of a
settlement agreement.
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B. How can I get copies of this document
and other related information?
1. Docket. The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2006–0132.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy at the Air Planning Section (6PD–
L), Environmental Protection Agency,
1445 Ross Avenue, Suite 700, Dallas,
Texas 75202–2733. The file will be
made available by appointment for
public inspection in the Region 6 FOIA
Review Room between the hours of 8:30
a.m. and 4:30 p.m. weekdays except for
legal holidays. Contact the person listed
in the FOR FURTHER INFORMATION
CONTACT paragraph below to make an
appointment. If possible, please make
the appointment at least two working
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be a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
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Avenue, Suite 700, Dallas, Texas 75202–
2733.
2. Electronic Access. You may access
this Federal Register document
electronically through the https://
www.gpoaccess.gov/fr/. Also,
the proposed rulemaking was published
in the Federal Register on May 13, 2010
and is available at https://
edocket.access.gpo.gov/2010/
2010-11429.htm.
Dated: June 3, 2010.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 2010–14094 Filed 6–10–10; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 15
[ET Docket No. 10–97; FCC 10–77]
Unlicensed Personal Communications
Services Devices in the 1920–1930
MHz Band
AGENCY: Federal Communications
Commission.
ACTION: Proposed rule.
SUMMARY: In this document the
Commission proposes changes to its
rules to enable Unlicensed Personal
Communications Service (UPCS)
devices operating in the 1920–1930
MHz band (known as the UPCS band) to
make more efficient use of this
spectrum. This action is taken in
response to a Petition for Rulemaking
filed by the Digital Enhanced Cordless
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Telecommunications Forum (DECT), an
association that promotes digital
cordless radio technology for shortdistance voice and data applications.
The current rules prevent UPCS devices
from accessing channels where a certain
level of radio noise is detected, even
though those channels remain usable.
The proposed rule changes would adjust
the radio noise level at which a channel
would be deemed usable.
DATES: Comments must be filed on or
before July 12, 2010, and reply
comments must be filed on or before
July 26, 2010.
FOR FURTHER INFORMATION CONTACT:
Patrick Forster, Office of Engineering
and Technology, (202) 418–7061,
e-mail: Patrick.Forster@fcc.gov,
TTY (202) 418–2989.
ADDRESSES: You may submit comments,
identified by ET Docket No. 10–97, 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.
This is a
summary of the Commission’s Notice of
Proposed Rule Making, ET Docket No.
10–97, FCC 10–77, adopted May 4,
2010, and released May 6, 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–
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 75, No. 112 / Friday, June 11, 2010 / Proposed Rules
B402, Washington, DC 20554. The full
text may also be downloaded at:
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
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
1. In the Notice of Proposed Rule
Making (NPRM), the Commission
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proposes to amend part 15 of the Rules
to enable Unlicensed Personal
Communications Service (UPCS)
devices operating in the 1920–1930
MHz band (known as the UPCS band) to
make more efficient use of this
spectrum. The Commission takes this
action in response to a Petition for
Rulemaking filed by the Digital
Enhanced Cordless
Telecommunications Forum (DECT), an
association that promotes digital
cordless radio technology for shortdistance voice and data applications.
The current rules prevent UPCS devices
from accessing channels where a certain
level of radio noise is detected, even
though those channels remain usable.
The proposed rule changes would adjust
the radio noise level at which a channel
would be deemed usable.
2. In its petition for rulemaking, DECT
requested that the Commission modify
part 15 of its rules to either eliminate or
increase the least-interfered channel
monitoring threshold and to reduce the
number of channels a UPCS device must
use and monitor in order to operate
under the least-interfered channel
access method. The least-interfered
channel monitoring threshold is the
radio noise level that a UPCS device
must monitor to determine whether
there is a channel available on which to
transmit. Specifically, DECT proposed
that the Commission amend
§ 15.323(c)(5) of the Rules to: (1)
Eliminate the least-interfered channel
monitoring threshold or, alternatively,
to increase the threshold from 50
decibels (dB) above thermal noise to 65
dB above thermal noise; and (2) reduce
from 40 to 20 channels the number of
duplex system access channels that a
UPCS device must use and monitor in
order to operate under the leastinterfered channel access method. As
described by DECT, a UPCS device
without a least-interfered channel
monitoring threshold would survey the
required minimum number of channels
and transmit on the channels with the
lowest power. According to DECT, if the
least-interfered channel monitoring
threshold is eliminated or increased, a
UPCS device would be able to access
channels that are actually usable for
communication but that cannot be
accessed under the existing 50 dB above
thermal noise threshold. DECT also
indicates that if the number of channels
a UPCS device must use and monitor is
reduced from 40 to 20 channels,
broadband UPCS devices that use fewer
than 40 channels (i.e., that use wider
bandwidth channels) will be permitted
to use the least-interfered channel
access method and won’t be restricted to
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using only channels with a signal level
less than 30 dB above thermal noise.
DECT states that neither of these
changes will cause interference to
adjacent-band Advanced Wireless
Service (AWS) and PCS services.
3. DECT claims that its requested part
15 rule changes would also limit the
potential for 1915–1920 MHz-band
mobile transmitters’ out-of-band
emissions to restrict UPCS devices’ use
of the UPCS band once operations begin
in the 1915–1920 MHz band.
4. The Commission specifically
proposes to revise § 15.323 of our rules
to increase least-interfered channel
monitoring threshold. The Commission
also proposes to reduce from 40 to 20
channels the number of duplex system
access channels that a UPCS device
must monitor and use under the leastinterfered channel access method. The
proposed changes would increase the
number of channels that could be used
by UPCS devices, particularly those
devices designed to transmit on wider
bandwidth channels, and thus facilitate
the introduction of unlicensed devices
capable of providing access to
broadband services in the 1920–1930
MHz band. The Commission requests
comment on these proposals.
5. The Commission believes there is
merit to DECT’s requests to increase the
UPCS least-interfered channel
monitoring threshold and to reduce the
number of channels that a UPCS device
must monitor and use in order to use
the least-interfered channel access
method. The Commission is persuaded
that the requested modifications would
have substantive benefits for users of
devices that operate in the UPCS band
and promote more efficient use of the
UPCS-band spectrum. Therefore, it
proposes to modify the UPCS Rules as
DECT requested. The Commission notes
that its previous modifications to the
UPCS-band operating rules to widen the
maximum allowed bandwidth and
permit asynchronous operations
together with isochronous operations in
the 1920–1930 MHz band have resulted
in significantly more use of the UPCS
band. It believes these changes that
DECT has requested are likely to
produce analogous results. In particular,
the Commission believes that the
proposed rule modifications would
facilitate the development of unlicensed
devices capable of providing access to
broadband services.
6. The Commission proposes to
modify § 15.323 to specify a leastinterfered channel monitoring threshold
of 65 dB above thermal noise, as
reflected in the proposed rules set forth
in Appendix A of the NPRM. It believes
this action would serve the public
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interest by allowing more devices to
access usable channels and thereby
increasing the utilization of the UPCS
band. The Commission agrees with
DECT that increasing this threshold
would allow UPCS devices to transmit
on channels that currently are restricted
from use under the existing 50 dB above
thermal noise threshold, but that are
actually acceptable for use.
7. The Commission observed that the
least-interfered channel monitoring
threshold level used in one UPCS
system could affect the range and
channel availability of other UPCS
systems. The absence of a leastinterfered channel monitoring
threshold—where a UPCS device would
survey the required minimum number
of channels and transmit on the
channels with the lowest power and an
alternative approach suggested by
DECT—could require affected systems
to install additional base stations to
mitigate the impact. This scenario could
occur in a small office environment
with different occupants operating
separate systems in close proximity. The
Commission believes that increasing the
least-interfered channel monitoring
threshold to 65 dB above thermal noise
is preferable to DECT’s alternative
proposal to eliminate the threshold and
strikes an appropriate balance. The
Commission believes that maintaining a
specific least-interfered channel
monitoring threshold would limit the
potential for one UPCS system’s devices
to restrict the range and access to
channels of another UPCS system’s
devices and avoid undue congestion in
the UPCS band.
8. At the same time, an increase in the
least-interfered channel monitoring
threshold would increase the utilization
of the UPCS band and reduce UPCS
system infrastructure costs. The
Commission noted that DECT states that
a threshold increase to 65 dB above
thermal noise would increase the
utilization of the UPCS band by over 60
percent. Also, as DECT states, although
a threshold of 50 dB above thermal
noise optimizes the range of UPCS
devices, an increase in the monitoring
threshold from 50 to 65 dB above
thermal noise would allow
manufacturers to optimize their systems
for density of devices rather than range,
depending on the needs of users. As a
result, this would allow more UPCS
devices to be used within close
proximity of one another, such as in
adjacent cubicles in an office
environment. Although each device
would lose some range in such a
scenario due to the density of spectral
use, any decrease in range would likely
have little effect on users because the
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devices in such dense systems typically
operate just a short distance from the
nearest base station. The Commission
also believes that a least-interfered
channel monitoring threshold of 65 dB
above thermal noise would help limit
the potential for in-band and out-ofband interference, facilitate efficient use
of the UPCS spectrum, and permit all
users to access the available spectrum
on a shared basis. The Commission
seeks comment on this proposal. It also
seeks comment on our observations
with respect to the selection of 65 dB
above thermal noise as the monitoring
threshold and whether some alternative
value or elimination of the threshold
would be more appropriate.
9. Because all UPCS devices would
continue to operate using a listenbefore-talk protocol, they will not
interfere with each other once a device
is transmitting on a channel.
Furthermore, because UPCS devices all
operate at relatively low power levels,
two devices would need to be within
less than 1 foot of each other to impact
one another. Consequently, the
Commission believes the probability of
interference occurring among UPCS
devices operating under the proposed
monitoring threshold or between such
devices and those operating under the
current monitoring threshold will
remain low. In addition, although an
increase in the least-interfered channel
threshold could, in some cases, result in
an increased number of UPCS devices
simultaneously operating in a given
location, they would be operating with
relatively low peak transmitter power
and out-of-band emissions limits. Thus,
the Commission believes the potential
for harmful interference to nearby
relatively higher-power AWS and PCS
devices (either fixed or mobile)
receiving in the adjacent 1915–1920 and
1930–1990 MHz bands, respectively,
will not be significantly increased in
such cases. The Commission seeks
comment on these observations.
10. The Commission also proposes to
modify rule § 15.323 to reduce from 40
to 20 channels the number of channels
that a UPCS device must monitor and
use in order to operate under the leastinterfered channel access method in the
1920–1930 MHz band, as reflected in
the proposed rules set forth in
Appendix A in the NPRM. Such action
would appear to serve the public
interest by allowing state-of-the-art
UPCS devices that can provide
broadband services, but using fewer
than 40 channels, to operate under the
least-interfered channel access method
and access channels with a higher signal
level, if available. DECT states that
halving the number of monitored and
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used channels is justified by the
Commission’s previous decision to
double the maximum allowed UPCS
channel bandwidth from 1.25 to 2.5
megahertz. It also indicates that there
are now UPCS devices operating with
up to five 2-megahertz-wide channels
that provide more advanced state-of-theart broadband services. When these
wider channels are subdivided,
however, fewer access channels are
available to satisfy the current minimum
number of channels to be monitored
under the least-interfered channel rule.
Devices that can support access to
broadband services but use fewer than
40 channels are thus limited to using
channels with a signal level less than 30
dB above thermal noise. Consequently,
these devices’ access to the UPCS band
is severely limited in many instances,
especially in areas of high use of UPCS
devices. Reducing the number of
monitored channels would increase the
utilization of the UPCS band by
allowing wider-bandwidth devices to
access channels that are usable under
the least-interfered channel access
criteria. Also, if the number of channels
that must be monitored and used is
reduced so that wider-bandwidth
devices’ access to channels is
unrestricted, the ability of these devices
to have higher throughputs (i.e., data
rates) could help to improve the
efficiency of the UPCS band. In
addition, maintaining a requirement for
UPCS devices to monitor and use at
least 20 channels would enable all users
to have equal access to the available
spectrum on a shared basis. The
Commission seeks comment on this
proposal.
11. DECT filed comments on the
AWS–2/AWS–3 Service Rules FNPRM,
expressing concern about the potential
for the out-of-band emissions limit
proposed for 1915–1920 MHz-band
mobile transmitters to restrict UPCS
devices’ access to the UPCS band.
Nonetheless, because DECT believes
that its proposed part 15 rule changes
will improve the utilization, quality,
and services of the UPCS band,
especially for new state-of the-art
broadband services, DECT asks that the
Commission not defer action on the
instant petition pending the outcome of
the AWS–2 proceeding. In this NPRM,
the Commission addresses only the
DECT Forum petition for rulemaking of
the part 15 rules for the UPCS band. The
Commission neither solicits comments
on nor makes any decision with respect
to the pending AWS–2 service rules
proceeding.
12. Other Matters. In January 1993,
representatives from a broad range of
UPCS equipment manufacturers created
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the Unlicensed PCS Ad Hoc Committee
for 2 GHz Microwave Transition and
Management (UTAM) to facilitate the
transition of the 1920–1930 MHz band
from fixed microwave radio service use
to UPCS use. UTAM incorporated itself
as a not-for-profit corporation under the
name of UTAM, Inc., in July 1993. In
the Broadband PCS Second Report and
Order, the Commission designated
UTAM, Inc., to coordinate and manage
the transition of the 1920–1930 MHz
band from incumbent fixed microwave
operations to UPCS use. The rules the
Commission adopted to implement this
process were to sunset after a ten-year
period. Because the need for UPCS
devices to protect fixed microwave
incumbents in the 1920–1930 MHz band
sunset on April 4, 2005, on its own
motion, the Commission proposes to
remove § 15.307 of the rules. In
proposing this change, the Commission
notes that with the sunset of the
requirement that UPCS devices protect
fixed microwave incumbents in the
UPCS band, it is no longer necessary to
(1) distinguish between coordinatable
and non-coordinatable UPCS devices
under the equipment authorization
process, as specified in § 15.307(c); (2)
require a coordinatable UPCS device to
incorporate certain coordination
features, as specified in § 15.307(d) and
(e); (3) require UPCS operators to protect
fixed microwave incumbents in the
1920–1930 MHz band, as set forth in
§ 15.307(g); and (4) require a UPCS
device to cease operating upon
relocation until coordination for the
new location is verified by UTAM, Inc.,
as set forth in § 15.307(h). Furthermore,
§ 15.307(a), (b), and (f) of the
Commission’s rules, which respectively
(1) describe UTAM, Inc.’s function; (2)
require each applicant for certification
(i.e., authorization) of a UPCS device to
be a participating member of UTAM,
Inc.; and (3) sets forth that the
requirement for including the disabling
mechanism in a UPCS device would be
discontinued when the Commission
determines that UPCS devices no longer
need to be coordinated, are also no
longer needed. In addition, the
Commission proposes to delete the
UTAM, Inc.-related labeling
requirement in § 15.311, because UPCS
devices are no longer coordinated by
UTAM, Inc. The Commission further
proposes to delete the definitions in
§ 15.303(b) and (e) that were applicable
when UPCS devices were either
coordinatable or non-coordinatable
because these rules are now
unnecessary. The Commission seeks
comment on all of these proposals, and
on any other rules changes that might be
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warranted as a result of the sunset of the
transition of the band from incumbent
fixed microwave operations to UPCS
use.
13. The Commission also takes this
opportunity to propose modifications to
certain other UPCS rules to make them
consistent with other changes that have
been made to the rules. In this regard,
it proposes to amend § 15.31(a)(2) to
update the version of the standard by
which UPCS devices must be measured
for compliance with the performance
requirements in part 15 Subpart D of the
rules, and to revise § 15.323(a) to correct
a typographical error in the second
sentence. Also, consistent with the
decision in the AWS Sixth R&O, the
Commission proposes to delete the
definition in § 15.303(i) that was
applicable when asynchronous and
isochronous operations were in separate
sub-bands and to amend § 15.319 to
specifically state that both
asynchronous and isochronous
operations are permitted in the 1920–
1930 MHz band. These proposed rule
modifications are reflected in Appendix
A of the NPRM. The Commission seeks
comment on all of these proposals. In
addition, it seeks comment on changes
to any of the other rules regarding UPCS
devices which should be made due to
the kind of errors or intervening events
or developments that we have identified
in this paragraph.
Ordering Clauses
14. Pursuant to sections 1, 2, 4(i), 301,
302, and 303(f) of the Communications
Act of 1934, 47 U.S.C. 151, 152, 154(i),
301, 302a, and 303(f), that this Notice of
Proposed Rulemaking is hereby
adopted.
15. Notice is hereby given of the
proposed regulatory changes described
in this Notice of Proposed Rulemaking,
and that comment is sought on these
proposals.
16. The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Notice of Proposed Rulemaking,
including the Initial Regulatory
Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small
Business Administration.
Initial Regulatory Flexibility Analysis
17. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA),1 the Commission has prepared
this present Initial Regulatory
Flexibility Analysis (IRFA) of the
1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601–
612, has been amended by the Small Business
Regulatory Enforcement Fairness Act of 1996,
(SBREFA) Public Law 104–121, Title II, 110 Stat.
857 (1996).
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possible significant economic impact on
small entities by the policies and rules
proposed in this Notice of Proposed
Rule Making (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 specified 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).2 In addition, the NPRM and
IRFA (or summaries thereof) will be
published in the Federal Register.3
A. Need for, and Objectives of, the
Proposed Rules
18. The NPRM proposes rules and
seeks comment on specific issues
related to the operation of unlicensed
Personal Communications Services
(UPCS) devices operating in the 1920–
1930 MHz band (known as the UPCS
band). The proposals are intended to
improve the utilization of the UPCS
band by increasing access to usable
channels whose use is restricted under
the current rules, by reducing
infrastructure costs through allowing a
greater density of UPCS devices to be
used with fewer base stations, and by
preventing the out-of-band emissions
that have been proposed for Advanced
Wireless Service (AWS) mobile
transmitters in the 1915–1920 MHz from
limiting UPCS devices’ access to the
1920–1930 MHz UPCS band. The
proposals are also designed to allow
UPCS devices that are using fewer that
40 defined channels to use the UPCS
least-interfered channel access method.
Permitting these devices to use the leastinterfered channel access method would
prevent these devices’ access to the
UPCS band from being severely limited.
The NPRM seeks comment on
increasing the least-interfered channel
threshold that UPCS devices must
monitor for when using the leastinterfered channel access method from
50 (dB) above thermal noise to 65 dB
above thermal noise. In addition, the
NPRM seeks comment on reducing from
40 to 20 channels the number of
channels a UPCS device must define
and monitor in order to use the leastinterfered channel access method.
B. Legal Basis
19. This action is authorized under
sections 1, 4(i), 302, 303(f) and (r), 332,
and 337 of the Communications Act of
1934, as amended, 47 U.S.C. 1, 4(i),
154(i), 302a, 303(f) and (r), 332, 337.
2 See
3 See
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5 U.S.C. 603(a).
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C. Description and Estimate of the
Number of Small Entities to Which the
Proposed Rule Will Apply
20. 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.4 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.5 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.6
21. Nationwide, there are a total of
approximately 29.6 million small
businesses, according to the SBA.7 A
‘‘small organization’’ is generally ‘‘any
not-for-profit enterprise which is
independently owned and operated and
is not dominant in its field.’’ 8
Nationwide, as of 2002, there were
approximately 1.6 million small
organizations.9 The term ‘‘small
governmental jurisdiction’’ is defined
generally as ‘‘governments of cities,
towns, townships, villages, school
districts, or special districts, with a
population of less than fifty
thousand.’’ 10 Census Bureau data for
2002 indicate that there were 87,525
local governmental jurisdictions in the
United States.11 We estimate that, of this
total, 84,377 entities were ‘‘small
governmental jurisdictions.’’ 12 Thus, we
4 Id.
at 603(b)(3).
U.S.C. 601(3) (incorporating by reference the
definition of ‘‘small business concern’’ in 15 U.S.C.
632). Pursuant to the RFA, the statutory definition
of a small business applies ‘‘unless an agency, after
consultation with the Office of Advocacy of the
Small Business Administration and after
opportunity for public comment, establishes one or
more definitions of such term which are
appropriate to the activities of the agency and
publishes such definition(s) in the Federal
Register.’’ 5 U.S.C. 601(3).
6 Small Business Act, 15 U.S.C. 632 (1996).
7 See SBA, Office of Advocacy, ‘‘Frequently Asked
Questions,’’ https://web.sba.gov/faqs/
faqindex.cfm?areaID=24 (revised Sept. 2009).
8 5 U.S.C. 601(4).
9 Independent Sector, The New Nonprofit
Almanac & Desk Reference (2002).
10 5 U.S.C. 601(5).
11 U.S. Census Bureau, Statistical Abstract of the
United States: 2006, Section 8, page 272, Table 415.
12 We assume that the villages, school districts,
and special districts are small, and total 48,558. See
U.S. Census Bureau, Statistical Abstract of the
United States: 2006, section 8, page 273, Table 417.
For 2002, Census Bureau data indicate that the total
number of county, municipal, and township
governments nationwide was 38,967, of which
35,819 were small. Id.
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estimate that most governmental
jurisdictions are small.
22. The proposals in this NPRM affect
fixed service (FS) stations licensed
under part 101 of our rules, UPCS
stations, as well as wireless equipment
manufacturers and frequency
coordinators.
Fixed Microwave Services. Fixed
microwave services include common
carrier,13 private operational-fixed,14
and broadcast auxiliary radio services.15
At present, there are approximately
22,015 common carrier fixed licensees
and 61,670 private operational-fixed
licensees and broadcast auxiliary radio
licensees in the microwave services.
The Commission has not created a size
standard for a small business
specifically with respect to fixed
microwave services. For purposes of
this analysis, the Commission uses the
SBA small business size standard for the
category Wireless Telecommunications
Carriers (except Satellite), which is
1,500 or fewer employees.16 The
Commission does not have data
specifying the number of these licensees
that have no more than 1,500
employees, and thus are unable at this
time to estimate with greater precision
the number of fixed microwave service
licensees that would qualify as small
business concerns under the SBA’s
small business size standard.
Consequently, the Commission
estimates that there are 22,015 or fewer
common carrier fixed licensees and
61,670 or fewer private operationalfixed licensees and broadcast auxiliary
radio licensees in the microwave
services that may be small and may be
affected by the rules and policies
proposed herein. We note, however, that
the common carrier microwave fixed
licensee category includes some large
entities.
13 See 47 CFR 101 et seq. for common carrier
fixed microwave services (except Multipoint
Distribution Service).
14 Persons eligible under parts 80 and 90 of the
Commission’s Rules can use Private OperationalFixed Microwave services. See 47 CFR Parts 80 and
90. Stations in this service are called operationalfixed to distinguish them from common carrier and
public fixed stations. Only the licensee may use the
operational-fixed station, and only for
communications related to the licensee’s
commercial, industrial, or safety operations.
15 Auxiliary Microwave Service is governed by
part 74 of Title 47 of the Commission’s rules. See
47 CFR part 74. This service is available to licensees
of broadcast stations and to broadcast and cable
network entities. Broadcast auxiliary microwave
stations are used for relaying broadcast television
signals from the studio to the transmitter, or
between two points such as a main studio and an
auxiliary studio. The service also includes mobile
television pickups, which relay signals from a
remote location back to the studio.
16 13 CFR 121.201, NAICS code 517210.
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Unlicensed Personal Communications
Services. As its name indicates, UPCS is
not a licensed service. UPCS consists of
intentional radiators operating in the
frequency bands 1920–1930 MHz and
2390–2400 MHz that provide a wide
array of mobile and ancillary fixed
communication services to individuals
and businesses. The NPRM potentially
affects UPCS operations in the 1920–
1930 MHz band; operations in those
frequencies are given flexibility to
deploy both voice and data-based
services. There is no accurate source for
the number of operators in the UPCS.
Since 2007, the Census Bureau has
placed wireless firms within the new,
broad, economic census category
Wireless Telecommunications Carriers
(except Satellite).17 Prior to that time,
such firms were within the nowsuperseded category of ‘‘Paging’’ and
‘‘Cellular and Other Wireless
Telecommunications.’’ 18 Under the
present and prior categories, the SBA
has deemed a wireless business to be
small if it has 1,500 or fewer
employees.19 Because Census Bureau
data are not yet available for the new
category, we will estimate small
business prevalence using the prior
categories and associated data. For the
category of Paging, data for 2002 show
that there were 807 firms that operated
for the entire year.20 Of this total, 804
firms; had employment of 999 or fewer
employees, and three firms had
employment of 1,000 employees or
more.21 For the category of Cellular and
Other Wireless Telecommunications,
data for 2002 show that there were 1,397
firms that operated for the entire year.22
Of this total, 1,378 firms had
employment of 999 or fewer employees,
and 19 firms had employment of 1,000
17 U.S. Census Bureau, 2007 NAICS Definitions,
‘‘517210 Wireless Telecommunications Categories
(Except Satellite)’’; https://www.census.gov/naics/
2007/def/ND517210.HTM#N517210.
18 U.S. Census Bureau, 2002 NAICS Definitions,
‘‘517211 Paging’’; https://www.census.gov/epcd/
naics02/def/NDEF517.HTM.; U.S. Census Bureau,
2002 NAICS Definitions, ‘‘517212 Cellular and
Other Wireless Telecommunications’’; https://
www.census.gov/epcd/naics02/def/NDEF517.HTM.
19 13 CFR 121.201, NAICS code 517210 (2007
NAICS). The now-superseded, pre-2007 CFR
citations were 13 CFR 121.201, NAICS codes
517211 and 517212 (referring to the 2002 NAICS).
20 U.S. Census Bureau, 2002 Economic Census,
Subject Series: Information, ‘‘Establishment and
Firm Size (Including Legal Form of Organization,’’
Table 5, NAICS code 517211 (issued Nov. 2005).
21 Id. The census data do not provide a more
precise estimate of the number of firms that have
employment of 1,500 or fewer employees; the
largest category provided is for firms with ‘‘1000
employees or more.’’
22 U.S. Census Bureau, 2002 Economic Census,
Subject Series: Information, ‘‘Establishment and
Firm Size (Including Legal Form of Organization,’’
Table 5, NAICS code 517212 (issued Nov. 2005).
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employees or more.23 Thus, we estimate
that the majority of wireless firms are
small.
Wireless Equipment Manufacturers
are defined by the Census Bureau 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.’’ 24 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.25
According to Census Bureau data for
2002, there were a total of 1,041
establishments in this category that
operated for the entire year.26 Of this
total, 1,010 had employment of under
500, and an additional 13 had
employment of 500 to 999.27 Thus,
under this size standard, the majority of
firms can be considered small.
Frequency Coordinators. Neither the
Commission nor the SBA has developed
a small business size standard
specifically applicable to spectrum
frequency coordinators. Since 2007, the
Census Bureau has placed wireless
firms within the new, broad, economic
census category Wireless
Telecommunications Carriers (except
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23 Id.
The census data do not provide a more
precise estimate of the number of firms that have
employment of 1,500 or fewer employees; the
largest category provided is for firms with ‘‘1000
employees or more.’’
24 U.S. Census Bureau, 2002 NAICS Definitions,
‘‘334220 Radio and Television Broadcasting and
Wireless Communications Equipment
Manufacturing’’; https://www.census.gov/epcd/
naics02/def/NDEF334.HTM#N3342.
25 See 13 CFR 121.201, NAICS code 334220.
26 U.S. Census Bureau, American FactFinder,
2002 Economic Census, Industry Series, Industry
Statistics by Employment Size, NAICS code 334220
(released May 26, 2005); https://
factfinder.census.gov. The number of
‘‘establishments’’ is a less helpful indicator of small
business prevalence in this context than would be
the number of ‘‘firms’’ or ‘‘companies,’’ because the
latter take into account the concept of common
ownership or control. Any single physical location
for an entity is an establishment, even though that
location may be owned by a different establishment.
Thus, the numbers given may reflect inflated
numbers of businesses in this category, including
the numbers of small businesses. In this category,
the Census breaks-out data for firms or companies
only to give the total number of such entities for
2002, which were 929.
27 Id. An additional 18 establishments had
employment of 1,000 or more.
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Satellite).28 Prior to that time, such
firms were within the now-superseded
category of ‘‘Paging’’ and ‘‘Cellular and
Other Wireless Telecommunications.’’ 29
Under the present and prior categories,
the SBA has deemed a wireless business
to be small if it has 1,500 or fewer
employees.30 Because Census Bureau
data are not yet available for the new
category, we will estimate small
business prevalence using the prior
categories and associated data. For the
category of Paging, data for 2002 show
that there were 807 firms that operated
for the entire year.31 Of this total, 804
firms had employment of 999 or fewer
employees, and three firms had
employment of 1,000 employees or
more.32 For the category of Cellular and
Other Wireless Telecommunications,
data for 2002 show that there were 1,397
firms that operated for the entire year.33
Of this total, 1,378 firms had
employment of 999 fewer employees,
and 19 firms had employment of 1,000
employees or more.34 Thus, we estimate
that the majority of these firms are
small.
D. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements for Small Entities
23. This NPRM addresses the
possibility of allowing additional
flexibility for UPCS devices operating in
the 1920–1930 MHz band by
eliminating or increasing the leastinterfered channel monitoring threshold
that a UPCS device must employ when
using the least-interfered channel access
method. In addition, the NPRM
28 U.S. Census Bureau, 2007 NAICS Definitions,
‘‘517210 Wireless Telecommunications Categories
(Except Satellite)’’; https://www.census.gov/naics/
2007/def/ND517210.HTM#N517210.
29 U.S. Census Bureau, 2002 NAICS Definitions,
‘‘517211 Paging’’; https://www.census.gov/epcd/
naics02/def/NDEF517.HTM.; U.S. Census Bureau,
2002 NAICS Definitions, ‘‘517212 Cellular and
Other Wireless Telecommunications’’; https://
www.census.gov/epcd/naics02/def/NDEF517.HTM.
30 13 CFR 121.201, NAICS code 517210 (2007
NAICS). The now-superseded, pre-2007 CFR
citations were 13 CFR 121.201, NAICS codes
517211 and 517212 (referring to the 2002 NAICS).
31 U.S. Census Bureau, 2002 Economic Census,
Subject Series: Information, ‘‘Establishment and
Firm Size (Including Legal Form of Organization,’’
Table 5, NAICS code 517211 (issued Nov. 2005).
32 Id. The census data do not provide a more
precise estimate of the number of firms that have
employment of 1,500 or fewer employees; the
largest category provided is for firms with ‘‘1000
employees or more.’’
33 U.S. Census Bureau, 2002 Economic Census,
Subject Series: Information, ‘‘Establishment and
Firm Size (Including Legal Form of Organization,’’
Table 5, NAICS code 517212 (issued Nov. 2005).
34 Id. The census data do not provide a more
precise estimate of the number of firms that have
employment of 1,500 or fewer employees; the
largest category provided is for firms with ‘‘1000
employees or more.’’
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33225
addresses the possibility of decreasing
from 40 to 20 channels the number of
channels that a UPCS device must
define and monitor to use the leastinterfered channel access method. The
item does not contain any new reporting
or recordkeeping requirements.
E. Steps Taken To Minimize Significant
Economic Impact on Small Entities, and
Significant Alternatives Considered
24. The RFA requires an agency to
describe any significant alternatives that
it has considered in reaching its
proposed approach, which may include
the following four alternatives (among
others): (1) The establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance or reporting requirements
under the rule for small entities; (3) the
use of performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities.35
25. We have proposed to reduce
burdens wherever possible. Our
proposals regarding the UPCS band
would reduce burdens on small entities.
Our proposal to increase the leastinterfered channel-threshold will
increase the utilization of the UPCS by
allowing access to usable channels that
are currently restricted under the
current Rules, resulting in more efficient
use of the UPCS-band spectrum. It will
also allow a greater density of UPCS
devices to be used with fewer base
stations, thereby reducing the
infrastructure costs for a UPCS system,
and will prevent the out-of-band
emissions from adjacent-band AWS
mobile transmitters from limiting access
to the UPCS band. Our proposal to raise
the least-interfered channel threshold,
rather than eliminate the threshold, will
prevent one UPCS systems’ device’s
from limiting the range of another UPCS
system’s devices, which would require
the installation of additional base
stations to mitigate. Our proposal to
reduce from 40 to 20 channels the
number of channels a UPCS device must
define and monitor to use the leastinterfered channel access method would
prevent devices that can provide stateof-the-art broadband services from being
denied use of the least-interfered
channel access method and
consequently experiencing restricted
access to UPCS-band channels.
26. We will continue to examine
alternatives in the further with the
objectives of eliminating unnecessary
35 5
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U.S.C. 603(c).
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Federal Register / Vol. 75, No. 112 / Friday, June 11, 2010 / Proposed Rules
regulations and minimizing significant
economic impact on small entities. We
seek comment on significant
alternatives commenters believe we
should adopt.
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
None.
List of Subjects 47 CFR Part 15
Communications equipment, Radio.
For the reasons set forth in the
preamble, the Federal Communications
Commission proposes to amend part 15
of Title 47 of the Code of Federal
Regulations to read as follows:
PART 15—RADIO FREQUENCY
DEVICES
Authority: 47 U.S.C. 154, 302a, 303, 304,
307, 336, and 544a.
2. Section 15.31 is amended by
revising paragraph (a)(2) to read as
follows:
Measurement standards.
(a) * * *
(1) * * *
(2) Unlicensed Personal
Communication Service (UPCS) devices
are to be measured for compliance using
ANSI C63.17–2006: ‘‘Methods of
Measurement of the Electromagnetic
and Operational Compatibility of
Unlicensed Personal Communications
Services (UPCS) Devices’’ (incorporated
by reference, see § 15.38). This
incorporation by reference was
approved by the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
*
*
*
*
*
3. Section 15.38 is amended by
revising paragraph (b)(12) to read as
follows:
Incorporation by reference.
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*
*
*
*
(b) * * *
(12) ANSI C63.17–2006: ‘‘Methods of
Measurement of the Electromagnetic
and Operational Compatibility of
Unlicensed Personal Communications
Services (UPCS) Devices’’, 2006, IBR
approved for § 15.31.
*
*
*
*
*
4. Section 15.303 is amended by
removing paragraphs (b), (e), (i), and
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§ 15.307
[Removed]
5. Remove § 15.307.
§ 15.311
[Removed]
6. Remove § 15.311.
7. Section 15.319 is amended by
revising paragraph (b) to read as follows:
General technical requirements.
*
*
*
*
(b) All transmissions must use only
digital modulation techniques. Both
asynchronous and isochronous
operations are permitted within the
1920–1930 MHz band.
*
*
*
*
*
8. Section 15.323 is amended by
revising the section heading and
paragraphs (a), (c)(5), (d), and (e) to read
as follows:
§ 15.323 Specific requirements for devices
operating in the 1920–1930 MHz band.
1. The authority citation for part 15
continues to read as follows:
*
Definitions.
*
Rule Changes
§ 15.38
§ 15.303
§ 15.319
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
§ 15.31
redesignating paragraphs (a) through (k)
as paragraphs (a) through (h) in
alphabetical order.
(a) Operation shall be contained
within the 1920–1930 MHz band. The
emission bandwidth shall be less than
2.5 MHz. The power level shall be as
specified in § 15.319(c), but in no event
shall the emission bandwidth be less
than 50 kHz.
*
*
*
*
*
(c) * * *
(5) If access to spectrum is not
available as determined by the above,
and a minimum of 20 duplex system
access channels are defined for the
system, the time and spectrum windows
with the lowest power level below a
monitoring threshold of 65 dB above the
thermal noise power determined for the
emission bandwidth may be accessed. A
device utilizing the provisions of this
paragraph must have monitored all
access channels defined for its system
within the last 10 seconds and must
verify, within the 20 milliseconds (40
milliseconds for devices designed to use
a 20 milliseconds frame period)
immediately preceding actual channel
access that the detected power of the
selected time and spectrum windows is
no higher than the previously detected
value. The power measurement
resolution for this comparison must be
accurate to within 6 dB. No device or
group of co-operating devices located
within 1 meter of each other shall
during any frame period occupy more
than 6 MHz of aggregate bandwidth, or
alternatively, more than one third of the
time and spectrum windows defined by
the system.
*
*
*
*
*
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Sfmt 9990
(d) Emissions outside the band shall
be attenuated below a reference power
of 112 milliwatts as follows: 30 dB
between the band and 1.25 MHz above
or below the band; 50 dB between 1.25
and 2.5 MHz above or below the band;
and 60 dB at 2.5 MHz or greater above
or below the band. Emissions inside the
band must comply with the following
emission mask: In the bands between 1B
and 2B measured from the center of the
emission bandwidth the total power
emitted by the device shall be at least
30 dB below the transmit power
permitted for that device; in the bands
between 2B and 3B measured from the
center of the emission bandwidth the
total power emitted by an intentional
radiator shall be at least 50 dB below the
transmit power permitted for that
radiator; in the bands between 3B and
the band edge the total power emitted
by an intentional radiator in the
measurement bandwidth shall be at
least 60 dB below the transmit power
permitted for that radiator. ‘‘B’’ is
defined as the emission bandwidth of
the device in hertz. Compliance with
the emission limits is based on the use
of measurement instrumentation
employing a peak detector function with
an instrument resolution bandwidth
approximately equal to 1.0 percent of
the emission bandwidth of the device
under measurement.
(e) The frame period (a set of
consecutive time slots in which the
position of each time slot can be
identified by reference to a
synchronizing source) of an intentional
radiator operating in this band shall be
20 milliseconds or 10 milliseconds/X
where X is a positive whole number.
Each device that implements time
division for the purposes of maintaining
a duplex connection on a given
frequency carrier shall maintain a frame
repetition rate with a frequency stability
of at least 50 parts per million (ppm).
Each device which further divides
access in time in order to support
multiple communications links on a
given frequency carrier shall maintain a
frame repetition rate with a frequency
stability of at least 10 ppm. The jitter
(time-related, abrupt, spurious
variations in the duration of the frame
interval) introduced at the two ends of
such a communication link shall not
exceed 25 microseconds for any two
consecutive transmissions.
Transmissions shall be continuous in
every time and spectrum window
during the frame period defined for the
device.
*
*
*
*
*
[FR Doc. 2010–14101 Filed 6–10–10; 8:45 am]
BILLING CODE 6712–01–P
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Agencies
[Federal Register Volume 75, Number 112 (Friday, June 11, 2010)]
[Proposed Rules]
[Pages 33220-33226]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14101]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 15
[ET Docket No. 10-97; FCC 10-77]
Unlicensed Personal Communications Services Devices in the 1920-
1930 MHz Band
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document the Commission proposes changes to its rules
to enable Unlicensed Personal Communications Service (UPCS) devices
operating in the 1920-1930 MHz band (known as the UPCS band) to make
more efficient use of this spectrum. This action is taken in response
to a Petition for Rulemaking filed by the Digital Enhanced Cordless
Telecommunications Forum (DECT), an association that promotes digital
cordless radio technology for short-distance voice and data
applications. The current rules prevent UPCS devices from accessing
channels where a certain level of radio noise is detected, even though
those channels remain usable. The proposed rule changes would adjust
the radio noise level at which a channel would be deemed usable.
DATES: Comments must be filed on or before July 12, 2010, and reply
comments must be filed on or before July 26, 2010.
FOR FURTHER INFORMATION CONTACT: Patrick Forster, Office of
Engineering and Technology, (202) 418-7061, e-mail:
Patrick.Forster@fcc.gov, TTY (202) 418-2989.
ADDRESSES: You may submit comments, identified by ET Docket No. 10-97,
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.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rule Making, ET Docket No. 10-97, FCC 10-77, adopted May 4,
2010, and released May 6, 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-
[[Page 33221]]
B402, Washington, DC 20554. The full text may also be downloaded at:
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 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
1. In the Notice of Proposed Rule Making (NPRM), the Commission
proposes to amend part 15 of the Rules to enable Unlicensed Personal
Communications Service (UPCS) devices operating in the 1920-1930 MHz
band (known as the UPCS band) to make more efficient use of this
spectrum. The Commission takes this action in response to a Petition
for Rulemaking filed by the Digital Enhanced Cordless
Telecommunications Forum (DECT), an association that promotes digital
cordless radio technology for short-distance voice and data
applications. The current rules prevent UPCS devices from accessing
channels where a certain level of radio noise is detected, even though
those channels remain usable. The proposed rule changes would adjust
the radio noise level at which a channel would be deemed usable.
2. In its petition for rulemaking, DECT requested that the
Commission modify part 15 of its rules to either eliminate or increase
the least-interfered channel monitoring threshold and to reduce the
number of channels a UPCS device must use and monitor in order to
operate under the least-interfered channel access method. The least-
interfered channel monitoring threshold is the radio noise level that a
UPCS device must monitor to determine whether there is a channel
available on which to transmit. Specifically, DECT proposed that the
Commission amend Sec. 15.323(c)(5) of the Rules to: (1) Eliminate the
least-interfered channel monitoring threshold or, alternatively, to
increase the threshold from 50 decibels (dB) above thermal noise to 65
dB above thermal noise; and (2) reduce from 40 to 20 channels the
number of duplex system access channels that a UPCS device must use and
monitor in order to operate under the least-interfered channel access
method. As described by DECT, a UPCS device without a least-interfered
channel monitoring threshold would survey the required minimum number
of channels and transmit on the channels with the lowest power.
According to DECT, if the least-interfered channel monitoring threshold
is eliminated or increased, a UPCS device would be able to access
channels that are actually usable for communication but that cannot be
accessed under the existing 50 dB above thermal noise threshold. DECT
also indicates that if the number of channels a UPCS device must use
and monitor is reduced from 40 to 20 channels, broadband UPCS devices
that use fewer than 40 channels (i.e., that use wider bandwidth
channels) will be permitted to use the least-interfered channel access
method and won't be restricted to using only channels with a signal
level less than 30 dB above thermal noise. DECT states that neither of
these changes will cause interference to adjacent-band Advanced
Wireless Service (AWS) and PCS services.
3. DECT claims that its requested part 15 rule changes would also
limit the potential for 1915-1920 MHz-band mobile transmitters' out-of-
band emissions to restrict UPCS devices' use of the UPCS band once
operations begin in the 1915-1920 MHz band.
4. The Commission specifically proposes to revise Sec. 15.323 of
our rules to increase least-interfered channel monitoring threshold.
The Commission also proposes to reduce from 40 to 20 channels the
number of duplex system access channels that a UPCS device must monitor
and use under the least-interfered channel access method. The proposed
changes would increase the number of channels that could be used by
UPCS devices, particularly those devices designed to transmit on wider
bandwidth channels, and thus facilitate the introduction of unlicensed
devices capable of providing access to broadband services in the 1920-
1930 MHz band. The Commission requests comment on these proposals.
5. The Commission believes there is merit to DECT's requests to
increase the UPCS least-interfered channel monitoring threshold and to
reduce the number of channels that a UPCS device must monitor and use
in order to use the least-interfered channel access method. The
Commission is persuaded that the requested modifications would have
substantive benefits for users of devices that operate in the UPCS band
and promote more efficient use of the UPCS-band spectrum. Therefore, it
proposes to modify the UPCS Rules as DECT requested. The Commission
notes that its previous modifications to the UPCS-band operating rules
to widen the maximum allowed bandwidth and permit asynchronous
operations together with isochronous operations in the 1920-1930 MHz
band have resulted in significantly more use of the UPCS band. It
believes these changes that DECT has requested are likely to produce
analogous results. In particular, the Commission believes that the
proposed rule modifications would facilitate the development of
unlicensed devices capable of providing access to broadband services.
6. The Commission proposes to modify Sec. 15.323 to specify a
least-interfered channel monitoring threshold of 65 dB above thermal
noise, as reflected in the proposed rules set forth in Appendix A of
the NPRM. It believes this action would serve the public
[[Page 33222]]
interest by allowing more devices to access usable channels and thereby
increasing the utilization of the UPCS band. The Commission agrees with
DECT that increasing this threshold would allow UPCS devices to
transmit on channels that currently are restricted from use under the
existing 50 dB above thermal noise threshold, but that are actually
acceptable for use.
7. The Commission observed that the least-interfered channel
monitoring threshold level used in one UPCS system could affect the
range and channel availability of other UPCS systems. The absence of a
least-interfered channel monitoring threshold--where a UPCS device
would survey the required minimum number of channels and transmit on
the channels with the lowest power and an alternative approach
suggested by DECT--could require affected systems to install additional
base stations to mitigate the impact. This scenario could occur in a
small office environment with different occupants operating separate
systems in close proximity. The Commission believes that increasing the
least-interfered channel monitoring threshold to 65 dB above thermal
noise is preferable to DECT's alternative proposal to eliminate the
threshold and strikes an appropriate balance. The Commission believes
that maintaining a specific least-interfered channel monitoring
threshold would limit the potential for one UPCS system's devices to
restrict the range and access to channels of another UPCS system's
devices and avoid undue congestion in the UPCS band.
8. At the same time, an increase in the least-interfered channel
monitoring threshold would increase the utilization of the UPCS band
and reduce UPCS system infrastructure costs. The Commission noted that
DECT states that a threshold increase to 65 dB above thermal noise
would increase the utilization of the UPCS band by over 60 percent.
Also, as DECT states, although a threshold of 50 dB above thermal noise
optimizes the range of UPCS devices, an increase in the monitoring
threshold from 50 to 65 dB above thermal noise would allow
manufacturers to optimize their systems for density of devices rather
than range, depending on the needs of users. As a result, this would
allow more UPCS devices to be used within close proximity of one
another, such as in adjacent cubicles in an office environment.
Although each device would lose some range in such a scenario due to
the density of spectral use, any decrease in range would likely have
little effect on users because the devices in such dense systems
typically operate just a short distance from the nearest base station.
The Commission also believes that a least-interfered channel monitoring
threshold of 65 dB above thermal noise would help limit the potential
for in-band and out-of-band interference, facilitate efficient use of
the UPCS spectrum, and permit all users to access the available
spectrum on a shared basis. The Commission seeks comment on this
proposal. It also seeks comment on our observations with respect to the
selection of 65 dB above thermal noise as the monitoring threshold and
whether some alternative value or elimination of the threshold would be
more appropriate.
9. Because all UPCS devices would continue to operate using a
listen-before-talk protocol, they will not interfere with each other
once a device is transmitting on a channel. Furthermore, because UPCS
devices all operate at relatively low power levels, two devices would
need to be within less than 1 foot of each other to impact one another.
Consequently, the Commission believes the probability of interference
occurring among UPCS devices operating under the proposed monitoring
threshold or between such devices and those operating under the current
monitoring threshold will remain low. In addition, although an increase
in the least-interfered channel threshold could, in some cases, result
in an increased number of UPCS devices simultaneously operating in a
given location, they would be operating with relatively low peak
transmitter power and out-of-band emissions limits. Thus, the
Commission believes the potential for harmful interference to nearby
relatively higher-power AWS and PCS devices (either fixed or mobile)
receiving in the adjacent 1915-1920 and 1930-1990 MHz bands,
respectively, will not be significantly increased in such cases. The
Commission seeks comment on these observations.
10. The Commission also proposes to modify rule Sec. 15.323 to
reduce from 40 to 20 channels the number of channels that a UPCS device
must monitor and use in order to operate under the least-interfered
channel access method in the 1920-1930 MHz band, as reflected in the
proposed rules set forth in Appendix A in the NPRM. Such action would
appear to serve the public interest by allowing state-of-the-art UPCS
devices that can provide broadband services, but using fewer than 40
channels, to operate under the least-interfered channel access method
and access channels with a higher signal level, if available. DECT
states that halving the number of monitored and used channels is
justified by the Commission's previous decision to double the maximum
allowed UPCS channel bandwidth from 1.25 to 2.5 megahertz. It also
indicates that there are now UPCS devices operating with up to five 2-
megahertz-wide channels that provide more advanced state-of-the-art
broadband services. When these wider channels are subdivided, however,
fewer access channels are available to satisfy the current minimum
number of channels to be monitored under the least-interfered channel
rule. Devices that can support access to broadband services but use
fewer than 40 channels are thus limited to using channels with a signal
level less than 30 dB above thermal noise. Consequently, these devices'
access to the UPCS band is severely limited in many instances,
especially in areas of high use of UPCS devices. Reducing the number of
monitored channels would increase the utilization of the UPCS band by
allowing wider-bandwidth devices to access channels that are usable
under the least-interfered channel access criteria. Also, if the number
of channels that must be monitored and used is reduced so that wider-
bandwidth devices' access to channels is unrestricted, the ability of
these devices to have higher throughputs (i.e., data rates) could help
to improve the efficiency of the UPCS band. In addition, maintaining a
requirement for UPCS devices to monitor and use at least 20 channels
would enable all users to have equal access to the available spectrum
on a shared basis. The Commission seeks comment on this proposal.
11. DECT filed comments on the AWS-2/AWS-3 Service Rules FNPRM,
expressing concern about the potential for the out-of-band emissions
limit proposed for 1915-1920 MHz-band mobile transmitters to restrict
UPCS devices' access to the UPCS band. Nonetheless, because DECT
believes that its proposed part 15 rule changes will improve the
utilization, quality, and services of the UPCS band, especially for new
state-of the-art broadband services, DECT asks that the Commission not
defer action on the instant petition pending the outcome of the AWS-2
proceeding. In this NPRM, the Commission addresses only the DECT Forum
petition for rulemaking of the part 15 rules for the UPCS band. The
Commission neither solicits comments on nor makes any decision with
respect to the pending AWS-2 service rules proceeding.
12. Other Matters. In January 1993, representatives from a broad
range of UPCS equipment manufacturers created
[[Page 33223]]
the Unlicensed PCS Ad Hoc Committee for 2 GHz Microwave Transition and
Management (UTAM) to facilitate the transition of the 1920-1930 MHz
band from fixed microwave radio service use to UPCS use. UTAM
incorporated itself as a not-for-profit corporation under the name of
UTAM, Inc., in July 1993. In the Broadband PCS Second Report and Order,
the Commission designated UTAM, Inc., to coordinate and manage the
transition of the 1920-1930 MHz band from incumbent fixed microwave
operations to UPCS use. The rules the Commission adopted to implement
this process were to sunset after a ten-year period. Because the need
for UPCS devices to protect fixed microwave incumbents in the 1920-1930
MHz band sunset on April 4, 2005, on its own motion, the Commission
proposes to remove Sec. 15.307 of the rules. In proposing this change,
the Commission notes that with the sunset of the requirement that UPCS
devices protect fixed microwave incumbents in the UPCS band, it is no
longer necessary to (1) distinguish between coordinatable and non-
coordinatable UPCS devices under the equipment authorization process,
as specified in Sec. 15.307(c); (2) require a coordinatable UPCS
device to incorporate certain coordination features, as specified in
Sec. 15.307(d) and (e); (3) require UPCS operators to protect fixed
microwave incumbents in the 1920-1930 MHz band, as set forth in Sec.
15.307(g); and (4) require a UPCS device to cease operating upon
relocation until coordination for the new location is verified by UTAM,
Inc., as set forth in Sec. 15.307(h). Furthermore, Sec. 15.307(a),
(b), and (f) of the Commission's rules, which respectively (1) describe
UTAM, Inc.'s function; (2) require each applicant for certification
(i.e., authorization) of a UPCS device to be a participating member of
UTAM, Inc.; and (3) sets forth that the requirement for including the
disabling mechanism in a UPCS device would be discontinued when the
Commission determines that UPCS devices no longer need to be
coordinated, are also no longer needed. In addition, the Commission
proposes to delete the UTAM, Inc.-related labeling requirement in Sec.
15.311, because UPCS devices are no longer coordinated by UTAM, Inc.
The Commission further proposes to delete the definitions in Sec.
15.303(b) and (e) that were applicable when UPCS devices were either
coordinatable or non-coordinatable because these rules are now
unnecessary. The Commission seeks comment on all of these proposals,
and on any other rules changes that might be warranted as a result of
the sunset of the transition of the band from incumbent fixed microwave
operations to UPCS use.
13. The Commission also takes this opportunity to propose
modifications to certain other UPCS rules to make them consistent with
other changes that have been made to the rules. In this regard, it
proposes to amend Sec. 15.31(a)(2) to update the version of the
standard by which UPCS devices must be measured for compliance with the
performance requirements in part 15 Subpart D of the rules, and to
revise Sec. 15.323(a) to correct a typographical error in the second
sentence. Also, consistent with the decision in the AWS Sixth R&O, the
Commission proposes to delete the definition in Sec. 15.303(i) that
was applicable when asynchronous and isochronous operations were in
separate sub-bands and to amend Sec. 15.319 to specifically state that
both asynchronous and isochronous operations are permitted in the 1920-
1930 MHz band. These proposed rule modifications are reflected in
Appendix A of the NPRM. The Commission seeks comment on all of these
proposals. In addition, it seeks comment on changes to any of the other
rules regarding UPCS devices which should be made due to the kind of
errors or intervening events or developments that we have identified in
this paragraph.
Ordering Clauses
14. Pursuant to sections 1, 2, 4(i), 301, 302, and 303(f) of the
Communications Act of 1934, 47 U.S.C. 151, 152, 154(i), 301, 302a, and
303(f), that this Notice of Proposed Rulemaking is hereby adopted.
15. Notice is hereby given of the proposed regulatory changes
described in this Notice of Proposed Rulemaking, and that comment is
sought on these proposals.
16. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this Notice of
Proposed Rulemaking, including the Initial Regulatory Flexibility
Analysis, to the Chief Counsel for Advocacy of the Small Business
Administration.
Initial Regulatory Flexibility Analysis
17. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA),\1\ the Commission has prepared this present Initial
Regulatory Flexibility Analysis (IRFA) of the possible significant
economic impact on small entities by the policies and rules proposed in
this Notice of Proposed Rule Making (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 specified 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).\2\ In addition, the NPRM and IRFA (or summaries
thereof) will be published in the Federal Register.\3\
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\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been
amended by the Small Business Regulatory Enforcement Fairness Act of
1996, (SBREFA) Public Law 104-121, Title II, 110 Stat. 857 (1996).
\2\ See 5 U.S.C. 603(a).
\3\ See 5 U.S.C. 603(a).
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A. Need for, and Objectives of, the Proposed Rules
18. The NPRM proposes rules and seeks comment on specific issues
related to the operation of unlicensed Personal Communications Services
(UPCS) devices operating in the 1920-1930 MHz band (known as the UPCS
band). The proposals are intended to improve the utilization of the
UPCS band by increasing access to usable channels whose use is
restricted under the current rules, by reducing infrastructure costs
through allowing a greater density of UPCS devices to be used with
fewer base stations, and by preventing the out-of-band emissions that
have been proposed for Advanced Wireless Service (AWS) mobile
transmitters in the 1915-1920 MHz from limiting UPCS devices' access to
the 1920-1930 MHz UPCS band. The proposals are also designed to allow
UPCS devices that are using fewer that 40 defined channels to use the
UPCS least-interfered channel access method. Permitting these devices
to use the least-interfered channel access method would prevent these
devices' access to the UPCS band from being severely limited. The NPRM
seeks comment on increasing the least-interfered channel threshold that
UPCS devices must monitor for when using the least-interfered channel
access method from 50 (dB) above thermal noise to 65 dB above thermal
noise. In addition, the NPRM seeks comment on reducing from 40 to 20
channels the number of channels a UPCS device must define and monitor
in order to use the least-interfered channel access method.
B. Legal Basis
19. This action is authorized under sections 1, 4(i), 302, 303(f)
and (r), 332, and 337 of the Communications Act of 1934, as amended, 47
U.S.C. 1, 4(i), 154(i), 302a, 303(f) and (r), 332, 337.
[[Page 33224]]
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rule Will Apply
20. 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.\4\ 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.\5\ 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.\6\
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\4\ Id. at 603(b)(3).
\5\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the
RFA, the statutory definition of a small business applies ``unless
an agency, after consultation with the Office of Advocacy of the
Small Business Administration and after opportunity for public
comment, establishes one or more definitions of such term which are
appropriate to the activities of the agency and publishes such
definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
\6\ Small Business Act, 15 U.S.C. 632 (1996).
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21. Nationwide, there are a total of approximately 29.6 million
small businesses, according to the SBA.\7\ A ``small organization'' is
generally ``any not-for-profit enterprise which is independently owned
and operated and is not dominant in its field.'' \8\ Nationwide, as of
2002, there were approximately 1.6 million small organizations.\9\ The
term ``small governmental jurisdiction'' is defined generally as
``governments of cities, towns, townships, villages, school districts,
or special districts, with a population of less than fifty thousand.''
\10\ Census Bureau data for 2002 indicate that there were 87,525 local
governmental jurisdictions in the United States.\11\ We estimate that,
of this total, 84,377 entities were ``small governmental
jurisdictions.'' \12\ Thus, we estimate that most governmental
jurisdictions are small.
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\7\ See SBA, Office of Advocacy, ``Frequently Asked Questions,''
https://web.sba.gov/faqs/faqindex.cfm?areaID=24 (revised Sept. 2009).
\8\ 5 U.S.C. 601(4).
\9\ Independent Sector, The New Nonprofit Almanac & Desk
Reference (2002).
\10\ 5 U.S.C. 601(5).
\11\ U.S. Census Bureau, Statistical Abstract of the United
States: 2006, Section 8, page 272, Table 415.
\12\ We assume that the villages, school districts, and special
districts are small, and total 48,558. See U.S. Census Bureau,
Statistical Abstract of the United States: 2006, section 8, page
273, Table 417. For 2002, Census Bureau data indicate that the total
number of county, municipal, and township governments nationwide was
38,967, of which 35,819 were small. Id.
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22. The proposals in this NPRM affect fixed service (FS) stations
licensed under part 101 of our rules, UPCS stations, as well as
wireless equipment manufacturers and frequency coordinators.
Fixed Microwave Services. Fixed microwave services include common
carrier,\13\ private operational-fixed,\14\ and broadcast auxiliary
radio services.\15\ At present, there are approximately 22,015 common
carrier fixed licensees and 61,670 private operational-fixed licensees
and broadcast auxiliary radio licensees in the microwave services. The
Commission has not created a size standard for a small business
specifically with respect to fixed microwave services. For purposes of
this analysis, the Commission uses the SBA small business size standard
for the category Wireless Telecommunications Carriers (except
Satellite), which is 1,500 or fewer employees.\16\ The Commission does
not have data specifying the number of these licensees that have no
more than 1,500 employees, and thus are unable at this time to estimate
with greater precision the number of fixed microwave service licensees
that would qualify as small business concerns under the SBA's small
business size standard. Consequently, the Commission estimates that
there are 22,015 or fewer common carrier fixed licensees and 61,670 or
fewer private operational-fixed licensees and broadcast auxiliary radio
licensees in the microwave services that may be small and may be
affected by the rules and policies proposed herein. We note, however,
that the common carrier microwave fixed licensee category includes some
large entities.
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\13\ See 47 CFR 101 et seq. for common carrier fixed microwave
services (except Multipoint Distribution Service).
\14\ Persons eligible under parts 80 and 90 of the Commission's
Rules can use Private Operational-Fixed Microwave services. See 47
CFR Parts 80 and 90. Stations in this service are called
operational-fixed to distinguish them from common carrier and public
fixed stations. Only the licensee may use the operational-fixed
station, and only for communications related to the licensee's
commercial, industrial, or safety operations.
\15\ Auxiliary Microwave Service is governed by part 74 of Title
47 of the Commission's rules. See 47 CFR part 74. This service is
available to licensees of broadcast stations and to broadcast and
cable network entities. Broadcast auxiliary microwave stations are
used for relaying broadcast television signals from the studio to
the transmitter, or between two points such as a main studio and an
auxiliary studio. The service also includes mobile television
pickups, which relay signals from a remote location back to the
studio.
\16\ 13 CFR 121.201, NAICS code 517210.
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Unlicensed Personal Communications Services. As its name indicates,
UPCS is not a licensed service. UPCS consists of intentional radiators
operating in the frequency bands 1920-1930 MHz and 2390-2400 MHz that
provide a wide array of mobile and ancillary fixed communication
services to individuals and businesses. The NPRM potentially affects
UPCS operations in the 1920-1930 MHz band; operations in those
frequencies are given flexibility to deploy both voice and data-based
services. There is no accurate source for the number of operators in
the UPCS. Since 2007, the Census Bureau has placed wireless firms
within the new, broad, economic census category Wireless
Telecommunications Carriers (except Satellite).\17\ Prior to that time,
such firms were within the now-superseded category of ``Paging'' and
``Cellular and Other Wireless Telecommunications.'' \18\ Under the
present and prior categories, the SBA has deemed a wireless business to
be small if it has 1,500 or fewer employees.\19\ Because Census Bureau
data are not yet available for the new category, we will estimate small
business prevalence using the prior categories and associated data. For
the category of Paging, data for 2002 show that there were 807 firms
that operated for the entire year.\20\ Of this total, 804 firms; had
employment of 999 or fewer employees, and three firms had employment of
1,000 employees or more.\21\ For the category of Cellular and Other
Wireless Telecommunications, data for 2002 show that there were 1,397
firms that operated for the entire year.\22\ Of this total, 1,378 firms
had employment of 999 or fewer employees, and 19 firms had employment
of 1,000
[[Page 33225]]
employees or more.\23\ Thus, we estimate that the majority of wireless
firms are small.
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\17\ U.S. Census Bureau, 2007 NAICS Definitions, ``517210
Wireless Telecommunications Categories (Except Satellite)''; https://www.census.gov/naics/2007/def/ND517210.HTM#N517210.
\18\ U.S. Census Bureau, 2002 NAICS Definitions, ``517211
Paging''; https://www.census.gov/epcd/naics02/def/NDEF517.HTM.; U.S.
Census Bureau, 2002 NAICS Definitions, ``517212 Cellular and Other
Wireless Telecommunications''; https://www.census.gov/epcd/naics02/def/NDEF517.HTM.
\19\ 13 CFR 121.201, NAICS code 517210 (2007 NAICS). The now-
superseded, pre-2007 CFR citations were 13 CFR 121.201, NAICS codes
517211 and 517212 (referring to the 2002 NAICS).
\20\ U.S. Census Bureau, 2002 Economic Census, Subject Series:
Information, ``Establishment and Firm Size (Including Legal Form of
Organization,'' Table 5, NAICS code 517211 (issued Nov. 2005).
\21\ Id. The census data do not provide a more precise estimate
of the number of firms that have employment of 1,500 or fewer
employees; the largest category provided is for firms with ``1000
employees or more.''
\22\ U.S. Census Bureau, 2002 Economic Census, Subject Series:
Information, ``Establishment and Firm Size (Including Legal Form of
Organization,'' Table 5, NAICS code 517212 (issued Nov. 2005).
\23\ Id. The census data do not provide a more precise estimate
of the number of firms that have employment of 1,500 or fewer
employees; the largest category provided is for firms with ``1000
employees or more.''
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Wireless Equipment Manufacturers are defined by the Census Bureau
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.'' \24\ 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.\25\ According to Census Bureau data for 2002,
there were a total of 1,041 establishments in this category that
operated for the entire year.\26\ Of this total, 1,010 had employment
of under 500, and an additional 13 had employment of 500 to 999.\27\
Thus, under this size standard, the majority of firms can be considered
small.
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\24\ U.S. Census Bureau, 2002 NAICS Definitions, ``334220 Radio
and Television Broadcasting and Wireless Communications Equipment
Manufacturing''; https://www.census.gov/epcd/naics02/def/NDEF334.HTM#N3342.
\25\ See 13 CFR 121.201, NAICS code 334220.
\26\ U.S. Census Bureau, American FactFinder, 2002 Economic
Census, Industry Series, Industry Statistics by Employment Size,
NAICS code 334220 (released May 26, 2005); https://factfinder.census.gov. The number of ``establishments'' is a less
helpful indicator of small business prevalence in this context than
would be the number of ``firms'' or ``companies,'' because the
latter take into account the concept of common ownership or control.
Any single physical location for an entity is an establishment, even
though that location may be owned by a different establishment.
Thus, the numbers given may reflect inflated numbers of businesses
in this category, including the numbers of small businesses. In this
category, the Census breaks-out data for firms or companies only to
give the total number of such entities for 2002, which were 929.
\27\ Id. An additional 18 establishments had employment of 1,000
or more.
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Frequency Coordinators. Neither the Commission nor the SBA has
developed a small business size standard specifically applicable to
spectrum frequency coordinators. Since 2007, the Census Bureau has
placed wireless firms within the new, broad, economic census category
Wireless Telecommunications Carriers (except Satellite).\28\ Prior to
that time, such firms were within the now-superseded category of
``Paging'' and ``Cellular and Other Wireless Telecommunications.'' \29\
Under the present and prior categories, the SBA has deemed a wireless
business to be small if it has 1,500 or fewer employees.\30\ Because
Census Bureau data are not yet available for the new category, we will
estimate small business prevalence using the prior categories and
associated data. For the category of Paging, data for 2002 show that
there were 807 firms that operated for the entire year.\31\ Of this
total, 804 firms had employment of 999 or fewer employees, and three
firms had employment of 1,000 employees or more.\32\ For the category
of Cellular and Other Wireless Telecommunications, data for 2002 show
that there were 1,397 firms that operated for the entire year.\33\ Of
this total, 1,378 firms had employment of 999 fewer employees, and 19
firms had employment of 1,000 employees or more.\34\ Thus, we estimate
that the majority of these firms are small.
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\28\ U.S. Census Bureau, 2007 NAICS Definitions, ``517210
Wireless Telecommunications Categories (Except Satellite)''; https://www.census.gov/naics/2007/def/ND517210.HTM#N517210.
\29\ U.S. Census Bureau, 2002 NAICS Definitions, ``517211
Paging''; https://www.census.gov/epcd/naics02/def/NDEF517.HTM.; U.S.
Census Bureau, 2002 NAICS Definitions, ``517212 Cellular and Other
Wireless Telecommunications''; https://www.census.gov/epcd/naics02/def/NDEF517.HTM.
\30\ 13 CFR 121.201, NAICS code 517210 (2007 NAICS). The now-
superseded, pre-2007 CFR citations were 13 CFR 121.201, NAICS codes
517211 and 517212 (referring to the 2002 NAICS).
\31\ U.S. Census Bureau, 2002 Economic Census, Subject Series:
Information, ``Establishment and Firm Size (Including Legal Form of
Organization,'' Table 5, NAICS code 517211 (issued Nov. 2005).
\32\ Id. The census data do not provide a more precise estimate
of the number of firms that have employment of 1,500 or fewer
employees; the largest category provided is for firms with ``1000
employees or more.''
\33\ U.S. Census Bureau, 2002 Economic Census, Subject Series:
Information, ``Establishment and Firm Size (Including Legal Form of
Organization,'' Table 5, NAICS code 517212 (issued Nov. 2005).
\34\ Id. The census data do not provide a more precise estimate
of the number of firms that have employment of 1,500 or fewer
employees; the largest category provided is for firms with ``1000
employees or more.''
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D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
23. This NPRM addresses the possibility of allowing additional
flexibility for UPCS devices operating in the 1920-1930 MHz band by
eliminating or increasing the least-interfered channel monitoring
threshold that a UPCS device must employ when using the least-
interfered channel access method. In addition, the NPRM addresses the
possibility of decreasing from 40 to 20 channels the number of channels
that a UPCS device must define and monitor to use the least-interfered
channel access method. The item does not contain any new reporting or
recordkeeping requirements.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
24. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (1)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities.\35\
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\35\ 5 U.S.C. 603(c).
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25. We have proposed to reduce burdens wherever possible. Our
proposals regarding the UPCS band would reduce burdens on small
entities. Our proposal to increase the least-interfered channel-
threshold will increase the utilization of the UPCS by allowing access
to usable channels that are currently restricted under the current
Rules, resulting in more efficient use of the UPCS-band spectrum. It
will also allow a greater density of UPCS devices to be used with fewer
base stations, thereby reducing the infrastructure costs for a UPCS
system, and will prevent the out-of-band emissions from adjacent-band
AWS mobile transmitters from limiting access to the UPCS band. Our
proposal to raise the least-interfered channel threshold, rather than
eliminate the threshold, will prevent one UPCS systems' device's from
limiting the range of another UPCS system's devices, which would
require the installation of additional base stations to mitigate. Our
proposal to reduce from 40 to 20 channels the number of channels a UPCS
device must define and monitor to use the least-interfered channel
access method would prevent devices that can provide state-of-the-art
broadband services from being denied use of the least-interfered
channel access method and consequently experiencing restricted access
to UPCS-band channels.
26. We will continue to examine alternatives in the further with
the objectives of eliminating unnecessary
[[Page 33226]]
regulations and minimizing significant economic impact on small
entities. We seek comment on significant alternatives commenters
believe we should adopt.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
None.
List of Subjects 47 CFR Part 15
Communications equipment, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
For the reasons set forth in the preamble, the Federal
Communications Commission proposes to amend part 15 of Title 47 of the
Code of Federal Regulations 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, 302a, 303, 304, 307, 336, and 544a.
2. Section 15.31 is amended by revising paragraph (a)(2) to read as
follows:
Sec. 15.31 Measurement standards.
(a) * * *
(1) * * *
(2) Unlicensed Personal Communication Service (UPCS) devices are to
be measured for compliance using ANSI C63.17-2006: ``Methods of
Measurement of the Electromagnetic and Operational Compatibility of
Unlicensed Personal Communications Services (UPCS) Devices''
(incorporated by reference, see Sec. 15.38). This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *
3. Section 15.38 is amended by revising paragraph (b)(12) to read
as follows:
Sec. 15.38 Incorporation by reference.
* * * * *
(b) * * *
(12) ANSI C63.17-2006: ``Methods of Measurement of the
Electromagnetic and Operational Compatibility of Unlicensed Personal
Communications Services (UPCS) Devices'', 2006, IBR approved for Sec.
15.31.
* * * * *
4. Section 15.303 is amended by removing paragraphs (b), (e), (i),
and redesignating paragraphs (a) through (k) as paragraphs (a) through
(h) in alphabetical order.
Sec. 15.303 Definitions.
Sec. 15.307 [Removed]
5. Remove Sec. 15.307.
Sec. 15.311 [Removed]
6. Remove Sec. 15.311.
7. Section 15.319 is amended by revising paragraph (b) to read as
follows:
Sec. 15.319 General technical requirements.
* * * * *
(b) All transmissions must use only digital modulation techniques.
Both asynchronous and isochronous operations are permitted within the
1920-1930 MHz band.
* * * * *
8. Section 15.323 is amended by revising the section heading and
paragraphs (a), (c)(5), (d), and (e) to read as follows:
Sec. 15.323 Specific requirements for devices operating in the 1920-
1930 MHz band.
(a) Operation shall be contained within the 1920-1930 MHz band. The
emission bandwidth shall be less than 2.5 MHz. The power level shall be
as specified in Sec. 15.319(c), but in no event shall the emission
bandwidth be less than 50 kHz.
* * * * *
(c) * * *
(5) If access to spectrum is not available as determined by the
above, and a minimum of 20 duplex system access channels are defined
for the system, the time and spectrum windows with the lowest power
level below a monitoring threshold of 65 dB above the thermal noise
power determined for the emission bandwidth may be accessed. A device
utilizing the provisions of this paragraph must have monitored all
access channels defined for its system within the last 10 seconds and
must verify, within the 20 milliseconds (40 milliseconds for devices
designed to use a 20 milliseconds frame period) immediately preceding
actual channel access that the detected power of the selected time and
spectrum windows is no higher than the previously detected value. The
power measurement resolution for this comparison must be accurate to
within 6 dB. No device or group of co-operating devices located within
1 meter of each other shall during any frame period occupy more than 6
MHz of aggregate bandwidth, or alternatively, more than one third of
the time and spectrum windows defined by the system.
* * * * *
(d) Emissions outside the band shall be attenuated below a
reference power of 112 milliwatts as follows: 30 dB between the band
and 1.25 MHz above or below the band; 50 dB between 1.25 and 2.5 MHz
above or below the band; and 60 dB at 2.5 MHz or greater above or below
the band. Emissions inside the band must comply with the following
emission mask: In the bands between 1B and 2B measured from the center
of the emission bandwidth the total power emitted by the device shall
be at least 30 dB below the transmit power permitted for that device;
in the bands between 2B and 3B measured from the center of the emission
bandwidth the total power emitted by an intentional radiator shall be
at least 50 dB below the transmit power permitted for that radiator; in
the bands between 3B and the band edge the total power emitted by an
intentional radiator in the measurement bandwidth shall be at least 60
dB below the transmit power permitted for that radiator. ``B'' is
defined as the emission bandwidth of the device in hertz. Compliance
with the emission limits is based on the use of measurement
instrumentation employing a peak detector function with an instrument
resolution bandwidth approximately equal to 1.0 percent of the emission
bandwidth of the device under measurement.
(e) The frame period (a set of consecutive time slots in which the
position of each time slot can be identified by reference to a
synchronizing source) of an intentional radiator operating in this band
shall be 20 milliseconds or 10 milliseconds/X where X is a positive
whole number. Each device that implements time division for the
purposes of maintaining a duplex connection on a given frequency
carrier shall maintain a frame repetition rate with a frequency
stability of at least 50 parts per million (ppm). Each device which
further divides access in time in order to support multiple
communications links on a given frequency carrier shall maintain a
frame repetition rate with a frequency stability of at least 10 ppm.
The jitter (time-related, abrupt, spurious variations in the duration
of the frame interval) introduced at the two ends of such a
communication link shall not exceed 25 microseconds for any two
consecutive transmissions. Transmissions shall be continuous in every
time and spectrum window during the frame period defined for the
device.
* * * * *
[FR Doc. 2010-14101 Filed 6-10-10; 8:45 am]
BILLING CODE 6712-01-P