Operation in the 57-64 GHz Band, 59844-59850 [2013-23263]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Rules and Regulations]
[Pages 59844-59850]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23263]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 15

[ET Docket No. 07-113; RM-11104; FCC 13-112]


Operation in the 57-64 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document modifies the Commission's rules for intentional 
radiators operating on an unlicensed basis in the 57-64 GHz frequency 
range (60 GHz). The rules were modified to allow higher emission limits 
for 60 GHz devices that operate outdoors with very high gain antennas 
to encourage broader deployment of point-to-point broadband systems; to 
specify the emission limit for all 60 GHz devices as an EIRP power 
level to promote repeatability of measurement data and provide 
uniformity and consistency in the rules; and to eliminate the 
requirement for certain 60 GHz devices to transmit identification 
information (transmitter ID). The amended rules will allow longer 
communication distances for unlicensed 60 GHz point-to-point systems 
that operate outdoors and thereby extend the ability of such systems to 
provide broadband service, particularly to office buildings and other 
commercial facilities. The Commission believes that the enhanced 60 GHz 
systems that will be allowed by these rule changes will help the 
Commission fulfill its objectives to bring broadband access to every 
American by providing additional competition in the broadband market, 
lowering costs for small business owners accessing broadband services, 
and supporting the deployment of 4th generation (4G) and other wireless 
services in densely populated areas.

DATES: Effective October 30, 2013.

FOR FURTHER INFORMATION CONTACT: Anh Wride, Office of Engineering and 
Technology, 202-418-0577, Anh.Wride@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, ET Docket No. 07-113, FCC 13-112, adopted August 9, 2013 and 
released August 9, 2013. The full text of this document is available 
for inspection and copying during normal business hours in the FCC 
Reference Center (Room CY-A257), 445 12th Street SW., Washington, DC 
20554. The complete text of this document also may be purchased from 
the Commission's copy contractor, Best Copy and Printing, Inc., 445 
12th Street SW., Room, CY-B402, Washington, DC 20554. The full text may 
also be downloaded at: www.fcc.gov. People with Disabilities: To 
request materials in accessible formats for people with disabilities 
(braille, large print, electronic files, audio format), send an email 
to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 
202-418-0530 (voice), 202-418-0432 (tty).

Summary of Report and Order

    1. The Commission adopted the Notice of Proposed Rulemaking (NPRM), 
72 FR 39588, July 19, 2007, in this proceeding in response to a 
petition for rule making from the Wireless Communications Association 
(WCA). To encourage broader deployment of point-to-point digital 
systems in the 60 GHz band without increasing the potential for harmful 
interference, the Commission proposed to specify the emission limit for 
60 GHz devices as EIRP instead of as power density units, and to 
increase the emission limit from 40 dBm to 82 dBm for devices using an 
antenna with gain greater than 51 dBi. The Commission also proposed to 
increase the peak power and average power EIRP limits relative to a 
specific antenna gain for devices located outdoors or those located 
indoors with emissions directed outdoors, e.g., through a window, and 
to eliminate the transmitter identification requirement for devices 
located indoors. The Commission did not propose to make any change to 
the spurious emission limit but proposed to also express this limit 
alternatively as EIRP to be consistent with the measurement unit 
proposed for main-beam fundamental emissions.
    2. In the Report and Order, the Commission modified its rules to 
allow operation at higher power levels by 60 GHz unlicensed devices 
that use an antenna exceeding a specific gain and operate outdoors. 
Specifically, for 60 GHz devices located outdoors, we increase the 
average equivalent isotropically radiated power (EIRP) limit from 40 
dBm to 82 dBm minus 2 dB for every dB that the antenna gain is below 51 
dBi, and peak EIRP emission limit from 43 dBm to 85 dBm minus 2 dB for 
every dB that the antenna gain is below 51 dBi. Also, the amended rules 
will specify the emission limits for all 60 GHz devices in terms of 
equivalent isotropically radiated power (EIRP). These rule changes will 
provide needed flexibility to improve performance and provide cost 
savings for unlicensed devices to support broadband service in the 60 
GHz band. These revisions also have the potential to foster the 
development of products with longer operating distances than are 
achievable under the current rules and to promote use of the 60 GHz 
band as a vehicle for broadband transmission links. This will encourage 
the development of very high speed wireless links for use in locations 
where highways, parking lots, or other obstructions may prevent the 
extension of fiber or wireline connections, to connect multiple 
buildings in a campus environment, or to provide backhaul connections 
for new 4G wireless services.
    3. The Commission also amended its rules to specify the antenna 
requirements for compliance testing of 60 GHz devices that will operate 
at higher power with very high gain antennas and to eliminate the 
transmitter identification (transmitter ID) requirement.

Power Limits

    4. The Commission modified its rules to specify the emission limits 
for 60 GHz devices in terms of EIRP. No party objected or provided any 
substantive comments to our proposals. The Commission observes that the 
WCA petitioned for this change because the existing rules specify the 
emission limit at a measurement distance of 3 meters, a distance that 
would be in the near field of a high gain 60 GHz antenna, and 
measurements in this region of the antenna are difficult to make due to 
the high variability of the RF field. Consequently, when this 
measurement distance is in the near field of a 60 GHz antenna, the test 
results can vary substantially with varying distances from the 
transmitter, making it very difficult to demonstrate compliance of the 
equipment under test with the emission limit due to lack of 
repeatability of the test results. The Commission finds that specifying 
the emission limits for 60 GHz devices as EIRP, which can be easily 
calculated, will simplify the process for demonstrating compliance with 
the rules. It further notes that in other sections of the part 15 
rules, e.g., the spread spectrum rules in Sec.  15.247 and the 
Unlicensed National Information Infrastructure (UNII) rules in Sec.  
15.407, the emission limit for those devices is specified in terms of 
EIRP. Although in the NPRM the Commission proposed to maintain the 
existing power density limits for devices other than very high gain 
systems as an alternative to the EIRP limits as long as the 3-meter 
measurement distance is in the antenna far field, it finds that 
specifying the emission limit for all 60 GHz devices as EIRP will 
provide uniformity and consistency in the rules for all 60 GHz

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devices, simplify the measurement procedure, and improve the 
repeatability of test results. Measurement procedures that have been 
found to be acceptable to the Commission in accordance with Sec.  2.947 
of our rules may be used to demonstrate compliance.
    5. The Commission amended Sec.  15.255(b)(1) of the rules to 
specify emission limits for all unlicensed 60 GHz devices in terms of 
EIRP. Because 60 GHz devices are already required to be tested for 
compliance, this rule change does not increase the burden on compliance 
testing for manufacturers and could facilitate the measurement of 
emission levels for both point-to-point and networking 60 GHz devices 
while greatly improving measurement accuracy.
    6. Although the record provides some support for the proposals made 
in the NPRM to increase the average and peak emission limits for 
transmitters with very high gain antennas, some commenters have 
expressed concern over the potential for window links using higher 
power levels indoors to interfere with the operation and deployment of 
WPAN and other consumer devices. The Commission thus is modifying the 
rules to allow increased power for 60 GHz transmitters using very high 
gain antennas located outdoors, but it will not apply these higher 
limits to any antenna located indoors, including window links.

Indoor Devices, Including Window Links

    7. The Commission will continue to require that all 60 GHz devices 
using indoor antennas, including those with emissions directed outdoors 
as window links, comply with the existing lower emission limits. It 
notes that our rules already permit the use of 60 GHz point-to-point 
transmitters with a relatively low-gain antenna (i.e., up to 30 dBi at 
the 10W (40 dBm) maximum EIRP, with a transmitter output power of 10 
dBm) as window links, and they are now co-located with wireless 
personal area networking (WPAN) devices without causing harmful 
interference. In most cases, both types of devices are under the 
control of the same party who could take steps to eliminate 
interference, e.g., by moving one or both devices a short distance away 
from one another. However, the Commission agrees with Motorola that in 
public locations such as shopping malls or airports, where a 60 GHz 
point-to-point device and a WPAN network may not be under the same 
ownership or otherwise control, the use of higher-power EIRP for window 
links may present concerns and difficulties in resolving potential 
interference among different equipment operators. The Commission 
further observes that BridgeWave, a manufacturer of point-to-point 60 
GHz devices, has submitted that window links are very rare because 
office building occupants rarely tolerate indoor mounting of a radio 
behind a window. The Commission thus concludes that window links may 
not generally be needed (or used) to link one building to another, but 
if they are used, they must continue to comply with the lower emission 
limit permitted under the current rules. Alternatively, operators can 
link one building to another by using higher power point-to-point 
outdoor installations (e.g., from rooftop to rooftop). In addition, the 
Commission does not expect that higher power 60 GHz transmitters using 
very high gain antennas would be a common candidate for residential 
installation destined to replace digital subscriber line (DSL) and 
cable modem broadband services, because the high cost of the point-to-
point devices would preclude their off-the-shelf retail marketing to 
consumers. Therefore, out of abundance of caution and in view of the 
limited use of window links as reflected in the record, the Commission 
will not permit window links to operate at the higher EIRP levels.

Outdoor Devices

    8. Consistent with our proposals in the NPRM, the Commission 
modified the rules to adopt an average EIRP limit of 82 dBm and a peak 
EIRP limit of 85 dBm, in each case minus 2 dB for every dB that the 
antenna gain is below 51 dBi, for 60 GHz devices using very high gain 
antennas that are located outdoors. It finds that this increase in 
emission limits for antennas located outdoors will facilitate the use 
of longer range 60 GHz devices in wireless applications without causing 
harmful interference to authorized radio services in this band or 
disrupting the operations of other unlicensed devices, including indoor 
WPAN systems that currently use this band. The Commission believes that 
this change in the rules will enhance the value of the 60 GHz band as a 
vehicle for delivering broadband, particularly the high-capacity 
backhaul required for 4G wireless services. This approach will afford 
4G and other broadband providers greater operational flexibility at 
lower cost by allowing them to use unlicensed devices for backhaul, 
reserving licensed spectrum for other uses, thereby promoting spectrum 
efficiency. Because existing outdoor point-to-point 60 GHz devices are 
restricted to much lower emission limits, these changes to our rules 
would provide tangible benefits, including to small businesses and 
consumers, without additional regulatory costs.
    9. In the NPRM, the Commission tentatively concluded that several 
factors will offset any increase in the interference potential between 
equipment with very high gain antennas and other devices in the 60 GHz 
band. The Commission noted that: (1) The very high gain antennas used 
would be highly directional, reducing the probability that a low power, 
omnidirectional system would be located within its beamwidth; (2) low 
power devices will operate primarily indoors because of their shorter 
range, whereas very high gain directional systems will primarily be 
located outdoors because of their longer transmission range, thus the 
emissions from directional systems, as seen by lower power indoor 
devices, will be attenuated significantly from intervening objects, 
such as building walls; and (3) oxygen and water vapor absorption and 
scattering should further reduce ranges at which the radiated emissions 
from 60 GHz equipment with very high-gain antennas could cause 
interference.
    10. The Commission is not persuaded by the opposing commenters from 
the indoor networking industry that our preliminary view is incorrect. 
The Commission finds that the high propagation losses in the 60 GHz 
band combined with the pencil beam of the high-gain antennas 
substantially mitigate the interference potential of these devices. 
These devices must be very accurately pointed to a very precise 
location in order to operate effectively. As the antenna gain 
increases, the beamwidth of the antenna becomes narrower, making it 
less likely that these devices will cause interference to nearby 
receivers unless they are located directly in the path of this pencil-
thin antenna beam. In this regard, the Commission observes that in 
order to keep a link with a high gain antenna operating, the 
transmitter and receiver must be aligned using a special alignment 
tool, so that the likelihood of inadvertent transmission through such a 
window is remote. Because of the highly directional nature of 60 GHz 
point-to-point communications, if the link were misaligned and the 
transmitter's signals would be mistakenly directed toward a receiver 
other than its intended receiver, the communication link itself would 
be broken (transmission terminated) and realignment would be required 
to reestablish the link.
    11. Additional factors further discount the likelihood of harmful

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interference, as suggested by the Institute of Electrical and 
Electronics Engineers (IEEE) 802.18 Radio Technical Advisory Group 
(IEEE RR-TAG), from an outdoor high-power remotely-mounted transmitter 
(e.g., mounted on the roof of an adjacent building, on a balcony, or 
under a roof overhang) that may inadvertently transmit radiation into 
the window of a room where a WPAN receiver may be operating. One is the 
geographic separation between higher power point-to-point outdoor 
installations and low-power indoor WPAN networks. This factor is 
significant because of the very short range associated with 60 GHz 
devices (touted as a benefit by manufacturers of both outdoor and 
indoor consumer products in light of its security advantages). IEEE RR-
TAG also fails to address the effects of attenuation. Even if a small 
portion of the emission from a high gain outdoor antenna were to enter 
into a room through a window, that low-level emission would first be 
attenuated by the glass, before being further attenuated by other 
objects in the room, thus minimizing its potential interference effect 
significantly. For all these reasons, and absent any record evidence to 
the contrary, it is our predictive judgment that the proposed change as 
limited to outdoor devices would not result in harmful interference, 
which is defined not to protect against isolated occurrences, but only 
against interference that ``seriously degrades, obstructs, or 
repeatedly interrupts'' a radio communication service.
    12. The Commission also decline to adopt the IEEE RR-TAG's 
recommendations for measuring nearby buildings' perimeter power density 
and for adopting an automatic transmit power control to limit the 
maximum power at the receiver end of a point-to-point link. The 
Commission finds such requirements unnecessary for co-existence between 
indoor and outdoor unlicensed devices in this band because of the high 
signal propagation losses at these frequencies and the highly narrow 
beamwidth of the outdoor devices; furthermore, the IEEE RR-TAG did not 
support its recommendations with any specific interference data. In 
response to IEEE RR-TAG comments, Motorola recommends that, absent more 
specific data and justification, the Commission simply limit use to the 
minimum power necessary to complete the link in accordance with good 
engineering principles and require that all point-to-point devices have 
the ability to adjust power output downward. The Commission agrees with 
Motorola that it should not require the IEEE-recommended limitations 
without more data and justification. However, the Commission finds that 
the power at an individual location can be adjusted by antenna 
selection therefore, it is not necessary to require that the ability to 
adjust power output be built into the transmitter, which would add cost 
without countervailing benefit. The Commission also notes that both the 
60 GHz outdoor and indoor equipment are unlicensed devices that do not 
have priority rights to the spectrum over one another; however, the 
geographical separation of the two types of equipment will eliminate 
any potential of harmful interference.
    13. Finally, the Commission observes that since the adoption of the 
NPRM, there has been ample time for Space Frequency Coordination Group 
(SFCG) to conduct its studies regarding the Earth Exploration Satellite 
Service (EESS). Further, the Commission does not maintain the specific 
data on 60 GHz devices as requested by SFCG, other than the information 
submitted in the device certification applications, which can be 
accessed through our public equipment authorization database. In 
addition, the Commission agrees with Motorola that the potential for 
interference to EESS is sufficiently low such that the need for 
additional study does not warrant a delay in our decision. The 
Commission finds that the high-gain antennas with very narrow beam 
widths employed by 60 GHz devices operating under the new higher EIRP 
limits, combined with the atmospheric attenuation and severe 
propagation losses at these frequencies will limit any potential for 
interference to EESS and that sharing of this service with 60 GHz 
devices at higher EIRP limits will not be a cause for concern.

Antenna Substitution

    14. Section 15.204(c)(4) of the rules allows intentional radiators 
to be marketed and used with any antenna that is of the same type and 
of equal or less directional gain as the antenna authorized with the 
equipment. Manufacturers must provide a list of acceptable antenna 
types with an application for equipment authorization, and the 
Commission does not require retesting of a system configuration that 
uses an antenna that is the same type and with equal or less 
directional gain than the one it authorizes.
    15. The Commission concludes that 60 GHz devices that will operate 
outdoors under the higher EIRP limits it is adopting herein should be 
authorized for operation using only the specific antenna(s) with which 
the system will be marketed and operated. In particular, as proposed in 
the NPRM, the Commission will require that compliance testing be 
performed using the highest gain and the lowest gain antennas for which 
certification is being sought, rather than testing only the highest 
gain antenna for each antenna type as permitted by Sec.  15.204(c). The 
Commission finds that testing of both highest and lowest gain antennas 
is necessary given that our rules will allow the EIRP to vary relative 
to the antenna gain, thus ensuring compliance with our emission and RF 
exposure limits. It will continue to require, as also proposed in the 
NPRM, that compliance testing be performed with the 60 GHz intentional 
radiator operated at its maximum available output power level and that 
the applicant for equipment certification provides a list of acceptable 
antennas with its application. Accordingly, the Commission is amending 
Sec.  15.255(b)(1)(ii) to specify the above antenna requirements for 
the higher power 60 GHz transmitters. Because 60 GHz devices are 
already required to be tested for compliance with all the types of 
antennas that are intended to be used with the equipment and to submit 
the worst-case results in the application for certification, the 
additional regulatory cost of providing information on an additional 
test result already required to be performed by our rules is not 
significant.

Spurious Emissions

    16. Spurious emissions are those emissions on a frequency outside 
the necessary bandwidth, the level of which may be reduced without 
affecting the transmission of information. Section 15.255(c)(3) 
requires that 60 GHz equipment spurious emissions between 40 GHz and 
200 GHz be limited to 90 pW/cm\2\ at a distance of 3 meters, which is 
equivalent to an EIRP level of -10 dBm. In the NPRM, the Commission 
proposed to retain the existing limits on spurious emissions but 
clarified in the proposed rule Sec.  15.255(c)(3) that measurements 
must be made in the far field and that if the far field distance is 
greater than 3 meters, then the measurement results would need to be 
extrapolated to a distance of 3 meters according to Sec.  15.31(f)(1).
    17. The Commission declined to adopt the clarification proposed in 
the NPRM with regard to the measurement distance with respect to 
spurious emissions. In the NPRM, the Commission proposed to express 
this limit alternatively as EIRP to be consistent with the measurement 
unit proposed for main-beam fundamental

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emissions. BridgeWave's comments clearly indicate a presumption that 
the Commission has somehow proposed to modify the spurious emission 
limits, which was never intended. The Commission therefore finds that 
it would be less confusing to maintain the existing spurious emission 
rule with the limit expressed in power density units, rather than EIRP, 
and it will make no changes to Sec.  15.255(c)(3).
    18. With respect to BridgeWave's request for an increase in 
spurious emission limit, the Commission notes that it is not making any 
changes to the spurious emission limit. Thus, it finds that the 
concerns expressed by BridgeWave about increased filtering requirements 
are not warranted, and likewise there is no reason for us to consider 
increasing the spurious emission limits as BridgeWave suggests.
    19. With regard to the radio astronomy service and National Radio 
Astronomy Observatory (NRAO) concerns, the Commission observed at the 
outset that, although the NPRM proposed to increase the average EIRP 
power limit, it proposed to limit peak emission levels, and also ``to 
retain the existing limits on spurious emissions and peak transmitter 
output power.'' The Commission's intention here was to seek comment on 
a proposal to maintain the appropriate power limit itself (i.e., in the 
case of spurious emissions, the existing 90 pW/cm\2\ limit), not on 
whether to extend that limit to additional frequency bands or to limit 
the frequency range of operations for 60 GHz devices. Thus, the 
Commission does not believe it is appropriate to take either of these 
actions here. In any event, however, the Commission notes that because 
it has not increased the spurious emission limit or reduced the 
frequency range of measurements (presently 200 GHz) for 60 GHz devices, 
there is no higher risk of interference from spurious emissions than 
that which is presently allowed. Moreover, spurious and harmonic 
emissions typically roll off (i.e., reduce in amplitude) the further 
they are in frequency from the fundamental emission. Thus, harmonic 
emissions at the fourth harmonic--produced by the fundamental 
frequencies at 56.5-57.88 GHz and arising in the RAS band at 226-231.5 
GHz--would be expected to be significantly lower than those already 
deemed to be acceptable at the third harmonic of these fundamental 
frequencies which are constrained by the present measurement cutoff. 
Similarly, spurious emissions generated by these devices at the 226-
231.5 GHz frequencies in the RAS band would not be expected to be 
greater than those below 200 GHz (the top of the specified range). 
Further, while there is considerable difference in the atmospheric 
attenuation between 60 GHz and 231.5 GHz as claimed by NRAO, the 
difference in atmospheric attenuation between 200 GHz and 231.5 GHz is 
not significant and thus would not affect our conclusion. In fact, 
nearly all of the RAS allocations for which NRAO expresses concern were 
made before the implementation of unlicensed devices in Sec.  15.255 of 
our rules, and unlicensed 60 GHz devices have been successfully sharing 
spectrum with RAS without causing harmful interference. Further, NRAO 
provides no information or specific analysis of potential harmful 
interference from 60 GHz devices to radio astronomy service.
    20. Consistent with this experience, the Commission finds that 
interference to Radio Astronomy Service (RAS) stations is unlikely. 
First, RAS receivers discriminate against off-axis signals. Second, 
such receivers are typically located in rural areas, not the urban 
areas where outdoor point-to-point 60 GHz devices are likely to be 
found. Third, the severe propagation losses of RF signals in the 60 GHz 
band due to oxygen absorption and atmospheric conditions, and the 
highly focused and directional emissions of 60 GHz devices limit any 
potential for interference from fundamental emissions to RAS such that 
the Commission does not believe that sharing of this service with 60 
GHz devices at higher EIRP levels is a cause for concern. It also does 
not find that the effect of harmonic and other spurious emissions from 
60 GHz devices warrants an extension of the upper frequency band placed 
on spurious emissions of 60 GHz devices, because as we discussed, the 
difference in atmospheric attenuation between 200 GHz and 231.5 GHz is 
not significant enough to affect the acceptable level of emissions from 
both spurious and harmonic emissions ensured by operation of our 
existing rules. In addition, as noted, the Commission finds that NRAO's 
request to exclude part 15 operations from the entire 57-58 GHz band is 
outside of the scope of this proceeding. As for NRAO's request for a 
geographical separation zone around specific RAS sites, the Commission 
notes that in permitting the 57-64 GHz band to be used for unlicensed 
operations, it has already taken into account the 182-185 GHz RAS band, 
when it adopted the present spurious emission limit, and the Commission 
is keeping this limit the same, even though it allows higher 
fundamental emission limits, thereby providing the same protection to 
RAS frequencies as if the fundamental levels are unchanged from 
existing rules. The Commission therefore denies NRAO's request.

Transmitter ID

    21. Section 15.255(i) of the rules requires that 60 GHz unlicensed 
emissions that emanate inside a building include a transmitter ID in 
order to permit users experiencing interference from indoor wireless 
local area network (LAN) devices to more accurately identify the source 
of the interference; this transmitter ID must indicate the manufacturer 
and type of each unit of equipment. This requirement does not apply to 
devices with transmitting antennas located outdoors. In the NPRM, the 
Commission proposed to eliminate the transmitter ID requirement for any 
indoor devices whose emissions are directed outdoors, e.g., through a 
window. The Commission stated that any interference potential likely 
will be localized around a window link, and it is more likely that any 
60 GHz emissions that are reflected from the glass in a window link 
will be attenuated by the walls and other surrounding objects and will 
not impact operations in adjacent areas. The Commission also sought 
comment on whether the transmitter ID requirement should be eliminated 
for all 60 GHz systems, as the proximity of indoor co-located equipment 
should allow the user to identify the interfering transmitter to other 
indoor devices without having to use this feature.
    22. The Commission is modifying the rules to eliminate the 
transmitter ID requirement for all 60 GHz devices. Cisco has urged the 
Commission to consider the work of multiple standards bodies in its 
deliberations. The Commission observes that since the release of the 
NPRM, industry standards have been adopted for indoor 60 GHz WPAN 
devices which provide more efficient and cost-effective interference 
avoidance techniques, such as channelization, carrier sense multiple 
access with collision avoidance (CSMA/CA), beacon frames, etc. These 
techniques are similar to those implemented by wireless networking 
products operating in the crowded region of 2.4 GHz or 5.8 GHz 
frequencies where WPAN devices must co-exist with other WPAN devices as 
well. The Commission finds that, with these technological advances, co-
existence between these 60 GHz devices is better resolved by voluntary 
standards than by a transmitter identification requirement. Except for 
Cisco's concern (which also reflects questions about higher power 
indoor devices that the

[[Page 59848]]

Commission has declined to permit), the record in this proceeding 
provides no support for retaining this requirement. The Commission's 
decision to limit higher power EIRP transmitters to outdoor 
applications and the factors in our assessment of the interference 
potential from window links above should alleviate Cisco's and the WPAN 
industry's concerns, while elimination of the transmitter ID 
requirement for all 60 GHz devices will lower costs for all 60 GHz 
devices, including WPAN devices. The Commission therefore finds that it 
is unnecessary to maintain a requirement that can add costs to 
equipment design and installation without any demonstrated 
countervailing benefit. Accordingly, the Commission amended its rules 
to eliminate the transmitter ID requirements for all 60 GHz devices.

Final Regulatory Flexibility Analysis

    23. As required by the Regulatory Flexibility Act (RFA),\1\ an 
Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the 
Notice of Proposed Rulemaking (NPRM) in ET Docket No. 07-113.\2\ The 
Commission sought written public comment on the proposals in the NPRM, 
including comment on the IRFA. This present Final Regulatory 
Flexibility Analysis (FRFA) conforms to the RFA.
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 60-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1966 (SBREFA), Public Law. 104-121, Title II, 110 Stat. 857 (1996), 
and the Small Business Jobs Act of 2010, Public Law 111-240, 124 
Stat. 2504 (2010).
    \2\ See In the Matter of Revision of the Commission's Rules 
Regarding Operation in the 57-64 GHz Band, ET Docket 07-113, Notice 
of Proposed Rulemaking (NPRM), 22 FCC Rcd 10505 (2007).
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A. Need for, and Objectives of, the Report and Order

    24. The Report and Order amends the regulations for outdoor 60 GHz 
radio frequency devices that do not require a license to permit an 
increase in the allowable emitted signal level for systems using very 
high gain directional antennas; to allow the emissions from all 60 GHz 
systems to be measured as an equivalent isotropically radiated power 
(EIRP); and to eliminate the need for all 60 GHz systems to emit a 
transmitter ID signal. The new rules for higher emission limits will 
promote longer communication ranges for unlicensed outdoor point-to-
point 60 GHz broadband digital systems and thereby extend the ability 
of such systems to supply very high speed broadband service to office 
buildings and other commercial facilities, promoting broader deployment 
of point-to-point digital systems in this band. These longer range 
systems also could have significant benefits for economic development 
and job growth by providing additional competition in the broadband 
market and lowering cost for broadband access to small business owners, 
enabling the operation of communications systems in support of 4th 
generation (4G) wireless and furthering the Commission's objectives to 
bring broadband access to every American. In addition, amending the 
rules to permit the emission limit for any 60 GHz device to be 
specified as an EIRP conducted power level would promote repeatability 
of measurement data, facilitating compliance measurements and saving 
costs for entities making products that must comply with our rules. 
Further, eliminating the requirement for transmitter identification 
(transmitter ID) for all 60 GHz equipment would enable the development 
of lower cost indoor systems in this band. The rule changes in this 
Report and Order therefore will provide needed flexibility and cost 
savings for unlicensed devices to support broadband service in the 60 
GHz band.

B. Statement of Significant Issues Raised by Public Comments in 
Response to the IRFA

    25. There were no public comments filed that specifically addressed 
the rules and policies proposed in the IRFA.

C. Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    26. Pursuant to the Small Business Jobs Act of 2010, the Commission 
is required to respond to any comments filed by the Chief Counsel for 
Advocacy of the Small Business Administration, and to provide a 
detailed statement of any change made to the proposed rules as a result 
of those comments. The Chief Counsel did not file any comments in 
response to the proposed rules in this proceeding.

D. Description and Estimate of the Number of Small Entities To Which 
the Rules Will Apply

    27. 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.\3\ The RFA defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small business concern'' 
under Section 3 of the Small Business Act.\4\ Under the Small Business 
Act, a ``small business concern'' is one that: (1) Is independently 
owned and operated; (2) is not dominant in its field of operations; and 
(3) meets may additional criteria established by the Small Business 
Administration (SBA).\5\
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    \3\ See 5 U.S.C. 603(b)(3).
    \4\ Id. 601(3).
    \5\ Id. 632.
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    28. Small Businesses, Small Organizations, and Small Governmental 
Jurisdictions. Our action may, over time, affect small entities that 
are not easily categorized at present. We therefore describe here, at 
the outset, three comprehensive, statutory small entity size standards 
that encompass entities that could be directly affected by the 
proposals under consideration.\6\ As of 2009, small businesses 
represented 99.9% of the 27.5 million businesses in the United States, 
according to the SBA.\7\ Additionally, 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 
2007, there were approximately 1,621,315 small organizations.\9\ 
Finally, the term ``small governmental jurisdiction'' is defined 
generally as ``governments of cities, counties, towns, townships, 
villages, school districts, or special districts, with a population of 
less than fifty thousand.'' \10\ Census Bureau data for 2007 indicate 
that there were 89,527 governmental jurisdictions in the United 
States.\11\ We estimate that, of this total, as many as 88,761 entities 
may qualify as ``small governmental jurisdictions.'' \12\ Thus, we 
estimate that

[[Page 59849]]

most governmental jurisdictions are small.
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    \6\ See 5 U.S.C. 601(3)-(6).
    \7\ See SBA, Office of Advocacy, ``Frequently Asked Questions,'' 
available at https://web.sba.gov/faqs/faqindex.cfm?areaID=24 (last 
visited Aug. 31, 2012).
    \8\ 5 U.S.C. 601(4).
    \9\ Independent Sector, The New Nonprofit Almanac & Desk 
Reference (2010).
    \10\ 5 U.S.C. 601(5).
    \11\ U.S. CENSUS BUREAU, STATISTICAL ABSTRACT OF THE UNITED 
STATES: 2011, Table 427 (2007).
    \12\ The 2007 U.S Census data for small governmental 
organizations are not presented based on the size of the population 
in each such organization. There were 89,476 local governmental 
organizations in 2007. If we assume that county, municipal, 
township, and school district organizations are more likely than 
larger governmental organizations to have populations of 50,000 or 
less, the total of these organizations is 52,095. If we make the 
same population assumption about special districts, specifically 
that they are likely to have a population of 50,000 or less, and 
also assume that special districts are different from county, 
municipal, township, and school districts, in 2007 there were 37,381 
such special districts. Therefore, there are a total of 89,476 local 
government organizations. As a basis of estimating how many of these 
89,476 local government organizations were small, in 2011, we note 
that there were a total of 715 cities and towns (incorporated places 
and minor civil divisions) with populations over 50,000. CITY AND 
TOWNS TOTALS: VINTAGE 2011--U.S. Census Bureau, available at https://www.census.gov/popest/data/cities/totals/2011/. If we 
subtract the 715 cities and towns that meet or exceed the 50,000 
population threshold, we conclude that approximately 88,761 are 
small. U.S. CENSUS BUREAU, STATISTICAL ABSTRACT OF THE UNITED STATES 
2011, Tables 427, 426 (Data cited therein are from 2007).
---------------------------------------------------------------------------

    29. The adopted rules pertain to manufacturers of unlicensed 
communications devices. The appropriate small business size standard is 
that which the SBA has established for radio and television 
broadcasting and wireless communications equipment manufacturing. The 
Census Bureau defines this category as follows: ``This industry 
comprises establishments primarily engaged in manufacturing radio and 
television broadcast and wireless communications equipment. Examples of 
products made by these establishments are: Transmitting and receiving 
antennas, cable television equipment, GPS equipment, pagers, cellular 
phones, mobile communications equipment, and radio and television 
studio and broadcasting equipment.'' \13\ The SBA has developed a small 
business size standard for firms in this category, which is: All such 
firms having 750 or fewer employees.\14\ According to Census Bureau 
data for 2007, there were a total of 939 establishments in this 
category that operated for part or all of the entire year. Of this 
total, 784 had less than 500 employees and 155 had more than 100 
employees.\15\ Thus, under this size standard, the majority of firms 
can be considered small.
---------------------------------------------------------------------------

    \13\ U.S. Census Bureau, 2007 NAICS Definitions, ``334220 Radio 
and Television Broadcasting and Wireless Communications Equipment 
Manufacturing''; https://www.census.gov/naics/2007/def/ND334220.HTM#N334220.
    \14\ 13 CFR 121.201, NAICS code 334220.
    \15\ https://factfinder.census.gov/servlet/IBQTable?_bm=y&-fds_name=EC0700A1&-geo_id=&-_skip=300&-ds_name=EC0731SG2&-_lang=en.
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E. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements

    30. The Report and Order contains a non-substantial modification to 
the information collection requirements. The rules adopted in this 
Report and Order will apply to small businesses that choose to use, 
manufacture, design, import, or sell part 15 60 GHz devices. There is 
no requirement, however, for any entity to use, market, or produce 
these types of products. Small businesses are already subject to the 
existing rules with regard to reporting, recordkeeping and other 
compliance requirements related to 60 GHz devices. The rules adopted in 
this Report and Order do not add substantial additional compliance 
burden on small businesses.

F. Steps Taken To Minimize Significant Economic Impact on Small 
Entities and Significant Alternatives Considered

    31. 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.\16\
---------------------------------------------------------------------------

    \16\ 5 U.S.C. 603(c).
---------------------------------------------------------------------------

    32. In this Report and Order, we modify our rules for outdoor 60 
GHz radio frequency devices that do not require a license to permit an 
increase in the allowable emitted signal level for systems using very 
high gain directional antennas; to allow the emissions from all 60 GHz 
systems to be measured as an equivalent isotropically radiated power 
(EIRP); and to eliminate the need for all 60 GHz systems to emit a 
transmitter ID signal. The new rules for higher emission limits will 
promote longer communication ranges for unlicensed point-to-point 60 
GHz broadband digital systems and thereby extend the ability of such 
systems to supply very high speed broadband service to office buildings 
and other commercial facilities, promoting broader deployment of point-
to-point digital systems in this band. These longer range devices and 
services could also have significant benefits for economic development 
and for consumers and businesses by providing additional competition in 
the broadband market, lowering costs of broadband access to small 
businesses without increasing the potential for harmful interference. 
In addition, amending the rules to permit the emission limit for any 60 
GHz device to be specified as an EIRP conducted power level would 
promote repeatability of measurement data, facilitating compliance 
measurements and saving costs for large and small entities making 
products that must comply with our rules. Further, the elimination of 
the transmitter identification requirement would lower cost and benefit 
small businesses and consumers of all 60 GHz devices, thereby promoting 
cost savings without imposing additional regulatory burden.

G. Report to Congress

    33. The Commission will send a copy of the Report and Order, 
including this FRFA, in a report to be sent to Congress pursuant to the 
Congressional Review Act.\17\ In addition, the Commission will send a 
copy of the Report and Order, including this FRFA, to the Chief Counsel 
for Advocacy of the SBA. A copy of the Report and Order and FRFA (or 
summaries thereof) will also be published in the Federal Register.\18\
---------------------------------------------------------------------------

    \17\ See 5 U.S.C. 801(a)(1)(A).
    \18\ See 5 U.S.C. 604(b).
---------------------------------------------------------------------------

Ordering Clauses

    34. Pursuant to the authority contained in Sections 4(i), 301, 302, 
303(e) and 303(f) of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), 301, 302a, 303(e) and 303(f), this Report and Order is 
hereby adopted and part 15 of the Commission's rules are amended as set 
forth in the final rules, effective October 30, 2013.

 Congressional Review Act

    35. The Commission will send a copy of this Report and Order in a 
report to be sent to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
    36. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Report and 
Order, including the Final Regulatory Flexibility Analysis, to the 
Chief Counsel for Advocacy of the Small Business Administration.

Report to Congress

    37. The Commission will send a copy of the Report and Order, 
including this FRFA, in a report to Congress pursuant to the 
Congressional Review Act.\19\ In addition, the Commission will send a 
copy of the Report and Order, including this FRFA, to the Chief Counsel 
for Advocacy of the SBA.\20\
---------------------------------------------------------------------------

    \19\ See 5 U.S.C. 801(a)(1)(A).
    \20\ See 5 U.S.C. 604(b).
---------------------------------------------------------------------------

List of Subjects in 47 CFR Parts 2 and 15

    Communications equipment.


[[Page 59850]]


    Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 2 and 15 to read as 
follows:

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
1. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.


0
2. Section 2.1033 is amended by revising paragraph (b)(11) to read as 
follows:


Sec.  2.1033  Application for certification.

* * * * *
    (b) * * *
    (11) Applications for certification of transmitters operating 
within the 59.0-64.0 GHz band under part 15 of this chapter shall also 
be accompanied by an exhibit demonstrating compliance with the 
provisions of Sec.  15.255(g) of this chapter.
* * * * *

PART 15--RADIO FREQUENCY DEVICES

0
3. The authority citation for part 15 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, 544A and 
549.


0
4. Section 15.204 is amended by revising the introductory text in 
paragraph (c) to read as follows:


Sec.  15.204  External radio frequency power amplifiers and antenna 
modifications.

* * * * *
    (c) An intentional radiator may be operated only with the antenna 
with which it is authorized. If an antenna is marketed with the 
intentional radiator, it shall be of a type which is authorized with 
the intentional radiator. An intentional radiator may be authorized 
with multiple antenna types. Exceptions to the following provisions, if 
any, are noted in the rule section under which the transmitter 
operates, e.g., Sec.  15.255(b)(1)(ii) of this part.
* * * * *

0
5. Section 15.255 is amended by revising paragraphs (b), (e), and (f) 
and removing paragraph (i) to read as follows:


Sec.  15.255  Operation within the band 57-64 GHz.

* * * * *
    (b) Within the 57-64 GHz band, emission levels shall not exceed the 
following equivalent isotropically radiated power (EIRP):
    (1) Products other than fixed field disturbance sensors shall 
comply with one of the following emission limits, as measured during 
the transmit interval:
    (i) Except as indicated in paragraph (b)(1)(ii) of this section, 
the average power of any emission shall not exceed 40 dBm and the peak 
power of any emission shall not exceed 43 dBm.
    (ii) For transmitters located outdoors, the average power of any 
emission shall not exceed 82 dBm minus 2 dB for every dB that the 
antenna gain is less than 51 dBi. The peak power of any emission shall 
not exceed 85 dBm minus 2 dB for every dB that the antenna gain is less 
than 51 dBi. The provisions of Sec.  15.204(c)(2) and (c)(4) of this 
part that permit the use of different antennas of the same type and of 
equal or less directional gain do not apply to intentional radiator 
systems operating under this provision. In lieu thereof, intentional 
radiator systems shall be certified using the specific antenna(s) with 
which the system will be marketed and operated. Compliance testing 
shall be performed using the highest gain and the lowest gain antennas 
for which certification is sought and with the intentional radiator 
operated at its maximum available output power level. The responsible 
party, as defined in Sec.  2.909 of this chapter, shall supply a list 
of acceptable antennas with the application for certification.
    (2) For fixed field disturbance sensors that occupy 500 MHz or less 
of bandwidth and that are contained wholly within the frequency band 
61.0-61.5 GHz, the average power of any emission, measured during the 
transmit interval, shall not exceed 40 dBm, and the peak power of any 
emission shall not exceed 43 dBm. In addition, the average power of any 
emission outside of the 61.0-61.5 GHz band, measured during the 
transmit interval, but still within the 57-64 GHz band, shall not 
exceed 10 dBm, and the peak power of any emission shall not exceed 13 
dBm.
    (3) For fixed field disturbance sensors other than those operating 
under the provisions of paragraph (b)(2) of this section, the peak 
transmitter conducted output power shall not exceed -10 dBm and the 
peak EIRP level shall not exceed 10 dBm.
    (4) The peak power shall be measured with an RF detector that has a 
detection bandwidth that encompasses the 57-64 GHz band and has a video 
bandwidth of at least 10 MHz. The average emission levels shall be 
calculated based on the measured peak levels, over the actual time 
period during which transmission occurs. Measurement procedures that 
have been found to be acceptable to the Commission in accordance with 
Sec.  2.947 of this chapter may be used to demonstrate compliance.
* * * * *
    (e) Except as specified paragraph (e)(1) of this section, the peak 
transmitter conducted output power shall not exceed 500 mW. Depending 
on the gain of the antenna, it may be necessary to operate the 
intentional radiator using a lower peak transmitter output power in 
order to comply with the EIRP limits specified in paragraph (b) of this 
section.
    (1) Transmitters with an emission bandwidth of less than 100 MHz 
must limit their peak transmitter conducted output power to the product 
of 500 mW times their emission bandwidth divided by 100 MHz. For the 
purposes of this paragraph, emission bandwidth is defined as the 
instantaneous frequency range occupied by a steady state radiated 
signal with modulation, outside which the radiated power spectral 
density never exceeds 6 dB below the maximum radiated power spectral 
density in the band, as measured with a 100 kHz resolution bandwidth 
spectrum analyzer. The center frequency must be stationary during the 
measurement interval, even if not stationary during normal operation 
(e.g., for frequency hopping devices).
    (2) Peak transmitter conducted output power shall be measured with 
an RF detector that has a detection bandwidth that encompasses the 57-
64 GHz band and that has a video bandwidth of at least 10 MHz. 
Measurement procedures that have been found to be acceptable to the 
Commission in accordance with Sec.  2.947 of this chapter may be used 
to demonstrate compliance.
    (3) For purposes of demonstrating compliance with this paragraph, 
corrections to the transmitter conducted output power may be made due 
to the antenna and circuit loss.
* * * * *
    (f) Frequency stability. Fundamental emissions must be contained 
within the frequency bands specified in this section during all 
conditions of operation. Equipment is presumed to operate over the 
temperature range -20 to +50 degrees Celsius with an input voltage 
variation of 85% to 115% of rated input voltage, unless justification 
is presented to demonstrate otherwise.
* * * * *
[FR Doc. 2013-23263 Filed 9-27-13; 8:45 am]
BILLING CODE 6712-01-P