Spectrum Horizons, 25685-25692 [2019-10925]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 84, Number 107 (Tuesday, June 4, 2019)]
[Rules and Regulations]
[Pages 25685-25692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10925]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 2, 5, and 15

[ET Docket No. 18-21, RM-11795, FCC 19-19]


Spectrum Horizons

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission took steps to provide new 
opportunities for innovators and experimenters to develop new equipment 
and applications for spectrum between 95 GHz and 3 THz, frequencies 
that only recently are becoming well-suited for the development and 
deployment of new active communications services and applications. The 
Commission adopt rules for a new class of experimental licenses 
available for the spectrum above 95 GHz that provide for increased 
flexibility. In addition, the Commission will make 21.2 gigahertz of 
spectrum in the 116-123 GHz band, the 174.8-182 GHz band, the 185-190 
GHz band, and the 244-246 GHz bands for unlicensed use under rules with 
technical parameters similar to those currently in place for unlicensed 
operation in the 57-71 GHz band.

DATES: Effective July 5, 2019, except for Sec. Sec.  5.59, 5.77, 5.121, 
5.702, 5.703, 5.704, 5.705 and 15.258, which are delayed. We will 
publish a document in the Federal Register announcing the effective 
dates.

ADDRESSES: Federal Communications Commission, 445 12th Street SW, 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Mr. Brian Butler of the Office of 
Engineering and Technology, Policy and Rules Division, at (202) 418-
2702, or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, ET Docket No. 18-21, and RM-11795, FCC 19-19, adopted March 
15, 2019 and released March 21, 2019. The full text of this document is 
available for public inspection and copying during normal business 
hours in the FCC Reference Center (Room CY-A257), 445 12th Street SW, 
Washington, DC 20554, or by downloading the text from the Commission's 
website at https://www.fcc.gov/document/fcc-opens-spectrum-horizons-new-services-technologies-0. Alternative formats are available for 
people with disabilities (Braille, large print, electronic files, audio 
format) by sending an email to [email protected] or calling the 
Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530 
(voice), (202) 418-0432 (TTY).

Synopsis

Spectrum Horizons Experimental Radio Licenses

    The Commission adopt rules for a new experimental radio license, 
the Spectrum Horizons Experimental Radio License (Spectrum Horizons 
License), that will be available for experiments and demonstrations of 
equipment designed to operate exclusively on any frequency above 95 
GHz. The Spectrum Horizons License rules will incorporate the proposals 
that the Commission made in the Notice of Proposed Rulemaking (NPRM) in 
this proceeding (83 FR 13888). Specifically, the Spectrum Horizons 
License will differ from other experimental radio licenses by providing 
for, among other things, broad eligibility, a longer term, and 
additional flexibility to market devices. The Commission expects that, 
collectively, these Spectrum Horizons License features should promote a 
more rapid development of new products and services that will reach a 
larger number and wider variety of users than it would be possible 
under the existing experimental licensing rules.
    1. Available Frequencies. Applicants for Spectrum Horizons Licenses 
may request authorization on any frequency within the 95 GHz to 3 THz 
frequency range. Given the unique characteristics of these bands, and 
concern that it could stifle innovation or limit an applicant

[[Page 25686]]

from developing new and novel methods for coexisting with existing 
services, the Commission choose not to, by rule, preclude the use of 
any specific frequencies. While the Commission will not require any 
specific compatibility analysis, it will require, as proposed, any 
application for a Spectrum Horizons License to include, as a 
prerequisite to grant, a narrative statement that sufficiently explains 
the proposed new technology/potential new service and an interference 
analysis.
    2. All bands between 95 GHz and 275 GHz are allocated on a shared 
basis for federal and non-federal use. Above 275 GHz, while there are 
no allocations, a number of bands are identified for use by passive 
services in footnote US 565. Accordingly, Spectrum Horizons Licenses, 
will only be granted on a non-interfering basis (as is the case with 
all experimental radio licenses), only following coordination with 
federal users through the National Telecommunications and Information 
Administration (NTIA) and the Interdepartment Radio Advisory Committee 
(IRAC) process. Unless a sufficient methodology for preventing harmful 
interference is detailed, such operations will not be permitted. In 
this regard, the Commission also note that certain parameters of any 
experimental license applications will require to be disclosed 
publicly, including frequency(s), types of emissions, power, and 
location. Thus, interested Federal parties will have full information 
available to evaluate whether propose experimental licenses are 
compatible with existing federal operations.
    3. Moreover, Spectrum Horizons License applicants that propose to 
use spectrum exclusively allocated for passive use(s), must provide an 
explanation why nearby bands with non-passive allocations are not 
appropriate or adequate for the experiment and acknowledge that they 
intend to transition any potential long-term use to a band with 
appropriate allocations. The Commission adopt this approach rather than 
prohibiting use of the passive bands because it does not want to 
unnecessarily hobble valuable research in situations that pose no 
significant risk to incumbent operations. The coordination of 
experimental use of the passive frequencies through the IRAC process 
will provide an opportunity for dialogue between affected parties and 
applicants which in many cases will provide a path for coexistence with 
the passive services.
    4. As with the passive bands, the Commission did not adopt a rule 
precluding experimental use of the bands allocated for amateur use or 
impose blanket special coordination procedures in such bands. Given 
that both the amateur radio service and the experimental licensing 
program are designed to contribute to the advancement of radio 
knowledge, the Commission see value in continuing to allow licensed 
operations under both parts 5 and 97 of its rules because doing so 
supports the objectives that are common to both rule parts.
    5. Finally, the rules provide that the Commission may, at any time 
without notice or hearing, modify or cancel a Spectrum Horizons 
License, if, in its discretion the need for such action arises. The 
Commission note that cancelling a license is an action of ``last 
resort'' and the Commission routinely works with parties to resolve 
potential or actual issues prior to issuing an experimental license or 
in rare instances of actual interference, by authorizing modifications 
that allow for interference-free operations.
    6. Eligibility. The Commission will make Spectrum Horizons Licenses 
broadly available to persons qualified to conduct the types of 
operations described in existing experimental radio service rules. The 
Commission believe these same eligibility requirements will encourage 
widespread experimentation in the bands above 95 GHz while providing 
adequate safeguards that such experimenters have the knowledge 
necessary to ensure incumbent services are protected from harmful 
interference. TIA suggest that Spectrum Horizons License applicants be 
required to establish their eligibility for these licenses by including 
a description of their technical qualifications and prior experience in 
RF issues with their application unless they already meet the specific 
eligibility categories associated with an Experimental Program License. 
The Commission rejects this proposal as overly prescriptive for a band 
whose users and use models are still evolving. Thus, Spectrum Horizons 
License applicants' qualifications will be considered on a case-by-case 
basis as part of the general application process and the Commission 
will seek any additional information as necessary.
    7. License Term and Interim Reporting Requirements. The Commission 
adopt its proposal to authorize Spectrum Horizons Licenses for the 
longest license term--ten years--of any experimental license to 
encourage entrepreneurs to invest in this largely untested spectrum and 
yield more useful long-term information and data in support of 
subsequent rulemaking activity or waiver requests for operations in 
these bands. The Commission believes that a single ten-year grant 
issued under the conditions outlined above, as opposed to a five-year 
grant with an expectation of renewal, is less burdensome and more 
efficient for both the licensees and the Commission staff. The 
Commission will not provide for the renewal of a Spectrum Horizons 
License, as it determines the ten years is sufficient time to determine 
whether the experimental operations warrant the authorization of more 
permanent use through either a petition for rulemaking or a waiver 
request. In this regard, the Commission also note that there are no 
assurances that experimentation will lead to the establishment of an 
authorized service.
    8. The Commission also adopt a requirement that Spectrum Horizons 
licensees submit an interim report on the progress of the experiment no 
later than five years from the date of grant. Given the expected wide 
variety of innovative experiments in the bands above 95 GHz, the 
Commission finds that interim reports will provide it with an awareness 
of ongoing technological developments as it contemplates rulemaking 
proposals and will enable the public to better assess innovative uses 
of the bands, thus encouraging further experimentation.
    9. Geographic Area. Consistent with current practice for 
experimental licensing, Spectrum Horizons License applicants will be 
able to request operations over any area they deem appropriate for 
their experiment. Applicants have the burden of justifying their 
intended experimental operations, including the geographic area over 
which they intend to operate and any methods for avoiding causing 
harmful interference to other spectrum users. In turn, the Commission 
may impose limitations on the geographic extent of a license as 
necessary based upon the specific parameters requested and other 
circumstances, including recommendations received via consultation with 
NTIA. The Commission finds that concerns are best address on a case-by-
case basis and a blanket rule imposing geographic area restrictions for 
Spectrum Horizons Licenses do not warrant.
    10. Marketing. Under the rules the Commission adopts, Spectrum 
Horizons licensees will permit to market experimental devices designed 
to operate in the bands above 95 GHz via direct sale. These rules 
diverge from the existing market trial rules which only permit devices 
to sell to other holders of experimental licenses or to lease devices 
to trial participants, by allowing direct sales to members of the 
general public. Additionally, the Commission

[[Page 25687]]

will not limit the number of devices a licensee can market as part of 
the experiment. The Commission offers this added marketing flexibility 
because the characteristics of signals in the bands above 95 GHz 
effectively limit the range of each device to such an extent that a 
larger number of devices can operate without increasing the potential 
of harmful interference to authorized services.
    11. The Commission adopts measures to ensure that licensees are 
able to exhibit control over their equipment. Specifically, the 
Commission will require licensees to ensure that trial devices are 
either render inoperable or retrieve at the conclusion of the trial. 
Additionally, each device sold under this program must be labeled as 
``Authorized Under An Experimental License and May be Subject to 
Further Conditions Including Termination of Operation'' and carry with 
it a licensee-assigned equipment ID number. While the rules do not 
include a specific format for the identifying data, licensees who take 
advantage of these marketing provisions must uniquely identify each 
device (e.g., through a serial number) in a manner that will enable 
them to easily track each one. Finally, at the time of sale, the 
licensee is required to provide trial participants with a written 
disclosure that clearly states that the equipment being purchased is 
part of an experiment that may be terminated at any time by the 
licensee or the Commission, and the device will be surrendered or 
rendered inoperable at the conclusion of the experiment.
    12. While the Commission acknowledged the concerns of some, such as 
Boeing and the National Radio Astronomy Observatory (NRAO) that the 
widespread marketing of experimental devices could lead to interference 
and other difficulties related to unauthorized devices, it believed 
that, when considered as a whole, the various requirements imposed on 
Spectrum Horizon licensees and its application review process would 
ensure the integrity of experimental operations above 95 GHz.
    13. As with other experimental license applications, applicants for 
a Spectrum Horizons License will require to show how the experimental 
operations (and any related devices) will be controlled so that they do 
not cause harmful interference to other services. Further, as with all 
experimental licenses, Spectrum Horizons License operations will not be 
entitled to exclusive use; will not be protected from harmful 
interference from allocated services; and will be prohibited from 
causing harmful interference to stations of allocated services. In 
addition, the Commission has broad authority to place specific 
conditions on experimental licenses to minimize the risk of causing 
harmful interference to incumbent spectrum users. Similarly, NTIA's 
Interdepartment Radio Advisory Committee (IRAC) may recommend license 
conditions to the extent the frequencies in question are shared as part 
of a co-primary allocation for federal and non-federal use. The 
Commission will not impose specific requirements by rule on Spectrum 
Horizons licensees regarding how to control their experiment, but we do 
point out that the licensee remains responsible to ensure compliance 
with our rules.
Unlicensed Operations
    14. The Commission adopts rules designating 21.2 gigahertz of the 
Spectrum Horizons bands for unlicensed device use: the 116-123 GHz 
band, the 174.8-182 GHz band, the 185-190 GHz band, and the 244-246 GHz 
band. In keeping with the Commission's unlicensed device rules, devices 
using these bands will operate on a non-interference basis while 
protecting both passive and active services. The Commission asserted 
that these multiple bands of spectrum for unlicensed use should be 
sufficient to enable development of new unlicensed devices and 
applications and it did not believe that providing additional frequency 
bands for unlicensed device operation above 95 GHz was necessary at 
this time. However, it did indicate a willingness to reassess the 
spectrum allocations based on how uses develop and revisit this issue 
at a later date.
    15. Coexistence Issues. Several bands that contain or are adjacent 
to passive Earth exploration-satellite service and radio astronomy 
service allocations, acknowledging that these services require 
stringent protection levels.
    16. Radio Astronomy. The Commission find that unlicensed devices 
can co-exist with radio astronomy in the same and adjacent spectrum 
bands above 95 GHz because of factors such as the high atmospheric 
losses associated with these frequency bands and the use of highly 
directional antennas. Most bands being made available for unlicensed 
devices are adjacent to radio astronomy allocations. The only frequency 
band in which unlicensed devices will be permitted to operate co-
channel with radio astronomy is 244-246 GHz. As it noted above, the 
Commission pointed out that this band is also designated for use by ISM 
devices which are not subject to field strength limits within the 
band--unlicensed devices would operate at significantly lower power 
levels than ISM devices.
    17. Earth Exploration-Satellite Service. As an initial matter, the 
Commission prohibits unlicensed devices above 95 GHz from operating on 
aircraft. To assess whether unlicensed devices can co-exist with the 
Earth exploration-satellite service, the Commission determined how many 
unlicensed devices would produce aggregate emissions that would exceed 
the harmful interference protection threshold, as set forth in ITU-R 
RS.2017, for the 174.8-182 GHz and 185-190 GHz bands. This analysis 
showed that up to 42,704 outdoor unlicensed devices can operate 
simultaneously at maximum power per square kilometer and still meet the 
protection levels for a vertical satellite scan of an Earth exploration 
satellite and 96.5 million unlicensed devices can operate 
simultaneously at maximum power per square kilometer for an angle scan 
without causing harmful interference. Based on these large device 
densities, the Commission concluded that the potential for harmful 
interference to Earth exploration satellite operations is negligible. 
The same analysis is also applicable to the 116-122 GHz band but would 
result in an even lower likelihood of harmful interference because that 
band is subject to 20 dB higher atmospheric attenuation than the 174.8-
182 GHz and 185-190 GHz bands.
    18. To assess unlicensed device compatibility in bands adjacent to 
Earth exploration-satellite bands, the Commission's analysis shows that 
a nadir scan sensor can coexist with up to 3.38 billion simultaneously 
operating unlicensed devices per square kilometer in each of the 174.8-
182 GHz and 185-190 GHz bands without causing harmful interference to 
EESS operations in the 182-185 GHz band. Similarly, for limb sounder 
sensing, the Commission's analysis shows that up to 2.42x10\16\ 
unlicensed devices can simultaneously operate per square kilometer 
without causing harmful interference to EESS operations in 182-185 GHz 
band. The Commission does not expect unlicensed devices in these bands 
to ever approach such densities and is confident that unlicensed 
operations at the adopted power levels adopted can successfully coexist 
with the passive services.
    19. Space Research Service. This passive service has no receivers 
on Earth and those in space are aimed away from Earth into deep space. 
Hence, there are no interference concerns for this service in these 
bands. Further, there are

[[Page 25688]]

no current or anticipated space research operations in the 174.8-182 
GHz, and 185-190 GHz bands, so potential harmful interference from 
unlicensed operations in those bands is essentially irrelevant to SRS, 
despite the nominal SRS allocation there.
    20. Amateur Radio. Amateur services have a secondary allocation in 
bands designated for ISM equipment, including, in this case, the 122.5-
123 GHz band. ARRL states in its comments that radio amateurs already 
must plan for ISM emissions and those emissions generally have not 
caused harmful interference to amateur operations. The Commission 
believed the addition of unlicensed devices would be unlikely to have a 
marked impact on the noise environment as compared to high-power ISM 
devices and declined to adopt any specific rules for unlicensed devices 
in the amateur radio allocations.
    21. Other allocations. There are also a number of active service 
allocations in the bands the Commission identified for unlicensed use. 
Some, such as the fixed service, the mobile service, and the 
radiolocation and radionavigation services cannot be deployed because 
there are no service rules in place. Thus, for these cases, the 
Commission concluded that protection criteria need not be adopted at 
this time. The Commission also noted that the inter-satellite service 
also does not have service rules in place, but operations have been 
permitted on a case-by-case basis. Like the space research service, the 
inter-satellite service operates solely between satellites in space and 
therefore the Commission asserted that there is no significant risk of 
harmful interference from relatively low power unlicensed devices 
operating on the Earth, even if terrestrial operations were to occur in 
high volumes.

Technical Requirements

    22. The Commission adopts, with certain modifications, technical 
rules for unlicensed operations in the bands 116-123 GHz, 174.8-182 
GHz, 185-190 GHz, and 244-246 GHz, under technical parameters similar 
to those for unlicensed operation in the 57-71 GHz band, consistent 
with the rules proposed in the NPRM. While a number of commenters 
supported unlicensed operation in these bands at the power levels 
proposed in the NPRM, the Commission did acknowledge several parties' 
concerns about the potential for unlicensed operation to cause 
interference. However, it ultimately concluded that unlicensed devices 
can operate in these frequency bands at the power levels proposed in 
the NPRM without causing harmful interference to services in these or 
adjacent bands.
    23. As proposed in the NPRM, the new Sec.  15.258 adopted by the 
Commission permits device operation in these bands with a maximum EIRP 
of 40 dBm (average) and 43 dBm (peak), measured with a detection 
bandwidth that encompasses the band of operation. The adopted rule also 
permits outdoor fixed point-to-point devices to operate with a higher 
maximum EIRP of 82 dBm (average) and 85 dBm (peak), also measured with 
a detection bandwidth that encompasses the band of operation. In order 
to operate under the higher power limits, devices must utilize antennas 
with a minimum gain of 51 dBi, with a 2 dB reduction in the maximum 
permissible EIRP for each dB the antenna gain falls below 51 dBi. The 
Commission determined that these highly directional antennas with very 
narrow beamwidths will ensure that the likelihood of harmful 
interference is minimized. The Commission will not at this time permit 
even higher power levels as suggested by IEEE 802, concluding that the 
adopted power levels will allow it to make additional spectrum 
available for new and innovative unlicensed devices while protecting 
other uses of the bands.
    24. The Commission specified power limits for devices operating in 
these bands in terms of EIRP and did not specify a maximum conducted 
power limit. Devices operating in frequency bands above 95 GHz will 
likely not have a detachable antenna or port that could be used for 
measuring conducted power, making such measurements difficult. In 
addition, because the interference potential of a device is a function 
of its EIRP, rather than the transmitter conducted power, it is 
necessary to only specify EIRP limits. Further, because devices are 
unlikely to have interchangeable antennas, a conducted output power 
limit is not necessary to reduce the likelihood that a user could 
install a higher-gain antenna and substantially raise the EIRP, and 
interference potential, of a device. The Commission also required 
devices that operate with an emission bandwidth of less than 100 
megahertz to reduce their maximum power to achieve a power spectral 
density no greater than that of a device operating with a bandwidth of 
100 megahertz.
    25. As proposed, the Commission adopts an out-of-band emission 
limit of 90 picowatts per square centimeter at a distance of three 
meters applicable at frequencies above 40 GHz, finding this emission 
limit sufficient to protect radio astronomy and other services 
operating in adjacent bands. While the Commission initially proposed 
specifying 200 GHz as the upper limit for measuring compliance with the 
out-of-band emission requirements, the Commission recognizes the 
concerns of parties that note such a limit would be below the highest 
frequency band (244-246 GHz) being designated for unlicensed operation. 
In this regard, the Commission agreed with Underwriters Laboratory that 
out-of-band emissions measurements of unlicensed devices operating 
above 95 GHz should be required up to the third harmonic of the 
fundamental frequency of operation in order to ensure that at least one 
even order and one odd order harmonic are measured. The Commission also 
agreed with Underwriters Laboratory that it should specify an upper 
frequency limit for making measurements that corresponds to the upper 
frequency limit, e.g., 750 GHz, of standard waveguides used in making 
compliance measurements. Accordingly, the Commission will require 
unlicensed devices operating under new Sec.  15.258 to comply with an 
out-of-band emission limit of 90 picowatts per square centimeter at a 
distance of three meters. Additionally, the Commission also amended 
Sec.  15.33 to require measurements of out-of-band emissions from 
devices operating above 95 GHz at frequencies up to the third harmonic 
of the highest fundamental frequency or 750 GHz, whichever is lower. 
Finally, consistent with the requirements for most other part 15 
intentional radiators, the Commission require devices to limit out-of-
band radiated emissions at frequencies below 40 GHz to the limits 
specified in Sec.  15.209(a).
    26. The Commission also adopted other operational restrictions for 
devices in the 116-123 GHz, 174.8-182 GHz, 185-190 GHz, and 244-246 GHz 
bands that are similar to those for unlicensed devices in the 57-71 GHz 
band. Specifically, the Commission will not permit equipment to operate 
on satellites or onboard aircraft. This restriction, consistent with 
the requests of IEEE and CORF, will limit the potential for unlicensed 
devices to cause interference to radio astronomy and other passive 
services. Additionally, the Commission, recognizing that the 182-185 
GHz band is a critical band for passive sensing and transmissions in 
the band are prohibited under footnote US 246, adopted the requirement 
that equipment operating in the 174.8-182 GHz and 185-190 GHz bands 
should not be designed to operate in the 182-185 GHz band. 
Additionally, because devices operating above 95 GHz are a new 
technology, the Commission

[[Page 25689]]

took a conservative approach in protecting radio services from harmful 
interference by not adopting the exemptions proposed in the NPRM that 
would have allowed operation onboard aircraft under certain conditions.
    27. In the NPRM the Commission kept the door open on whether to 
broaden this proceeding to consider a proposal in a rulemaking petition 
filed by James Edwin Whedbee to allow unlicensed operations throughout 
the 95-1000 GHz range. With the exception of the petitioner himself, no 
other parties addressed this proposal. Given the apparent lack of 
interest and the Commission's decision to make 21.2 gigahertz of 
spectrum available for unlicensed use, the Commission was not persuaded 
that Whedbee's petition, to the extent it remains pending, warrants 
further consideration, and denied it.

Procedural Matters

    28. Final Regulatory Flexibility Analysis.--As required by the 
Regulatory Flexibility Act of 1980 (RFA), as amended, the Commission 
has prepared a Final Regulatory Flexibility Analysis (FRFA) regarding 
the possible significant economic impact on small entities of the 
policies and rules adopted in this First Report and Order, which is 
found in Appendix B of the link provided in the beginning of this 
SUPPLEMENTARY INFORMATION section. The Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, will send a 
copy of the First Report and Order, including the FRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration.
    29. Paperwork Reduction Act Analysis.--This document contained new 
or modified information collection requirements. The Commission, as 
part of its continuing effort to reduce paperwork burdens, will invite 
the general public and the Office of Management and Budget (OMB) to 
comment on the information collection requirements contained in this 
document, as required by the Paperwork Reduction Act of 1995, Public 
Law 104-13. In addition, pursuant to the Small Business Paperwork 
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the 
Commission previously sought, but did not receive specific comment on 
how we might further reduce the information collection burden for small 
business concerns with fewer than 25 employees.
    30. Congressional Review Act.--The Commission will send a copy of 
this First Report and Order to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).

Ordering Clauses

    31. It is ordered that pursuant to sections 4(i), 7(a), 301, 302, 
303, 307, and 310 of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), 157(a), 301, 302a, 303, 307, 310, this Report and Order 
is adopted.
    32. It is further ordered that the rules and requirements adopted 
herein will become effective 30 days from the date of publication in 
the Federal Register with the exception of the modifications of 
Sec. Sec.  5.59, 5.77, 5.121, 5.702, 5.703, 5.704, 5.705 and 15.258 of 
the rules which contain new or modified information collection 
requirements that require review by the OMB under the PRA, which will 
become effective after OMB review and approval, on the effective date 
specified in a document that the Commission will publish in the Federal 
Register announcing such approval and effective date.
    33. It is further ordered, pursuant to section 4(i) of the 
Communications Act of 1934, 47 U.S.C. 154(i), and Sec.  1.407 of the 
Commission's Rules, that the Petition for Rulemaking of James Edwin 
Whedbee filed on November 5, 2013 is denied as described herein and 
Docket RM-11795 is terminated.
    34. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this First Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration and to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).

List of Subjects

47 CFR Part 2

    Radio, Reporting and recordkeeping requirements, 
Telecommunications.

47 CFR Part 5

    Radio, Reporting and recordkeeping requirements.

47 CFR Part 15

    Communications equipment, Radio.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 parts 2, 5, and 15 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. Amend Sec.  2.803 by revising paragraph (c)(1) to read as follows:


Sec.  2.803  Marketing of radio frequency devices prior to equipment 
authorization.

* * * * *
    (c) * * *
    (1) Activities conducted under market trials pursuant to subpart H 
of part 5 of this chapter or in accordance with a Spectrum Horizons 
experimental radio license issued pursuant to subpart I of part 5.
* * * * *

0
3. Amend Sec.  2.1091 by revising paragraph (c)(2) to read as follows:


Sec.  2.1091  Radiofrequency radiation exposure evaluation: Mobile 
devices.

* * * * *
    (c) * * *
    (2) Unlicensed personal communications service devices, unlicensed 
millimeter-wave devices, and unlicensed NII devices authorized under 
Sec. Sec.  15.255(g), 15.257(g), 15.258, 15.319(i), and 15.407(f) of 
this chapter are also subject to routine environmental evaluation for 
RF exposure prior to equipment authorization or use if their ERP is 3 
watts or more or if they meet the definition of a portable device as 
specified in Sec.  2.1093(b) requiring evaluation under the provisions 
of that section.
* * * * *

0
4. Amend Sec.  2.1093 by revising paragraph (c)(1) to read as follows


Sec.  2.1093  Radiofrequency radiation exposure evaluation: Portable 
devices.

* * * * *
    (c) * * *
    (1) Portable devices that operate in the Cellular Radiotelephone 
Service pursuant to part 22 of this chapter; the Personal 
Communications Service (PCS) pursuant to part 24 of this chapter; the 
Satellite Communications Services pursuant to part 25 of this chapter; 
the Miscellaneous Wireless Communications Services pursuant to part 27 
of this chapter; the Upper Microwave Flexible Use Service pursuant to 
part 30 of this chapter; the Maritime Services (ship earth station 
devices only) pursuant to part 80 of this chapter; the Specialized 
Mobile Radio Service, the 4.9 GHz Band Service, and

[[Page 25690]]

the 3650 MHz Wireless Broadband Service pursuant to part 90 of this 
chapter; the Wireless Medical Telemetry Service (WMTS), the Medical 
Device Radiocommunication Service (MedRadio), and the 76-81 GHz Band 
Radar Service pursuant to subparts H, I, and M of part 95 of this 
chapter, respectively; unlicensed personal communication service, 
unlicensed NII devices and millimeter-wave devices authorized under 
Sec. Sec.  15.255(g), 15.257(g), 15.258, 15.319(i), and 15.407(f) of 
this chapter; and the Citizens Broadband Radio Service pursuant to part 
96 of this chapter; are subject to routine environmental evaluation for 
RF exposure prior to equipment authorization or use.
* * * * *

PART 5--EXPERIMENTAL RADIO SERVICE

0
5. The authority citation for part 5 continues to read as follows:

    Authority:  47 U.S.C. 154, 301, 302, 303, 307, 336.

0
6. Amend Sec.  5.3 by revising paragraph (l) and adding paragraph (m) 
to read as follows:


Sec.  5.3  Scope of service.

* * * * *
    (l) Marketing of equipment designed to operate only on frequencies 
above 95 GHz.
    (m) Types of experiments that are not specifically covered under 
paragraphs (a) through (l) of this section will be considered upon 
demonstration of need for such additional types of experiments.

0
7. Amend Sec.  5.54 by redesignating paragraph (f) as paragraph (g) and 
adding a new paragraph (f) to read as follows:


Sec.  5.54  Types of authorizations available.

* * * * *
    (f) Spectrum Horizons experimental radio license. This type of 
license is issued for the purpose of testing and marketing devices on 
frequencies above 95 GHz, where there are no existing service rules.
* * * * *

0
8. Amend Sec.  5.55 by revising paragraphs (c) and (d) to read as 
follows:


Sec.  5.55  Filing of applications.

* * * * *
    (c) Each application for station authorization shall be specific 
and complete with regard to the information required by the application 
form and this part.
    (1) Conventional and Spectrum Horizons license and STA applications 
shall be specific as to station location, proposed equipment, power, 
antenna height, and operating frequencies.
    (2) Broadcast license applicants shall comply with the requirements 
in subpart D of this part; Program license applicants shall comply with 
the requirements in subpart E of this part; Medical Testing license 
applicants shall comply with the requirements in subpart F of this 
part; Compliance Testing license applicants shall comply with the 
requirements in subpart G of this part; and Spectrum Horizons license 
applicants shall comply with the requirements in subpart I of this 
part.
    (d) Filing conventional, program, medical, compliance testing, and 
Spectrum Horizons experimental radio license applications:
    (1) Applications for radio station authorization shall be submitted 
electronically through the Office of Engineering and Technology website 
https://www.fcc.gov/els.
    (2) Applications for special temporary authorization shall be filed 
in accordance with the procedures of Sec.  5.61.
    (3) Any correspondence relating thereto that cannot be submitted 
electronically shall instead be submitted to the Commission's Office of 
Engineering and Technology, Washington, DC 20554.
* * * * *

0
9. Amend Sec.  5.59 by revising the heading of paragraph (a) to read as 
follows:


Sec.  5.59  Forms to be used.

    (a) Application for conventional, program, medical, compliance 
testing, and Spectrum Horizons experimental radio licenses--* * *
* * * * *

0
10. Amend Sec.  5.71 by adding paragraph (d) to read as follows:


Sec.  5.71  License period.

* * * * *
    (d) Spectrum Horizons experimental radio license. Licenses are 
issued for a term of 10 years and may not be renewed.

0
11. Amend Sec.  5.77 by revising paragraphs (a) introductory text and 
(b) to read as follows:


Sec.  5.77  Change in equipment and emission characteristics.

    (a) The licensee of a conventional, broadcast, or Spectrum Horizons 
experimental radio station may make any changes in equipment that are 
deemed desirable or necessary provided:
* * * * *
    (b) For conventional or Spectrum Horizons experimental radio 
stations, the changes permitted in paragraph (a) of this section may be 
made without prior authorization from the Commission provided that the 
licensee supplements its application file with a description of such 
change. If the licensee wants these emission changes to become a 
permanent part of the license, an application for modification must be 
filed.
* * * * *

0
12. Amend Sec.  5.79 by revising the section heading and paragraph (a) 
to read as follows:


Sec.  5.79  Transfer and assignment of station authorization for 
conventional, program, medical testing, Spectrum Horizons, and 
compliance testing experimental radio licenses.

    (a) A station authorization for a conventional experimental radio 
license or Spectrum Horizons experimental radio license, the 
frequencies authorized to be used by the grantee of such authorization, 
and the rights therein granted by such authorization shall not be 
transferred, assigned, or in any manner either voluntarily or 
involuntarily disposed of, unless the Commission decides that such a 
transfer is in the public interest and gives its consent in writing.
* * * * *

0
13. Amend Sec.  5.107 by adding paragraph (f) to read as follows:


Sec.  5.107  Transmitter control requirements.

* * * * *
    (f) Spectrum Horizons experimental radio licenses. The licensee 
shall ensure that transmissions are in conformance with the 
requirements in subpart I of this part and that the station is operated 
only by persons duly authorized by the licensee.

0
14. Amend Sec.  5.121 by revising paragraph (a) to read as follows:


Sec.  5.121  Station record requirements.

    (a)(1) For conventional, program, medical testing, compliance 
testing experimental radio stations, the current original authorization 
or a clearly legible photocopy for each station shall be retained as a 
permanent part of the station records but need not be posted. Station 
records are required to be kept for a period of at least one year after 
license expiration.
    (2) For Spectrum Horizons experimental radio stations, the licensee 
is solely responsible for retaining the current authorization as a 
permanent part of the station records but need not be posted. Station 
records are required

[[Page 25691]]

to be kept for a period of at least one year after license expiration.
* * * * *

0
15. Add subpart I to read as follows:

Subpart I--Spectrum Horizons Experimental Radio Licenses

Sec.
5.701 Applicable rules in this part.
5.702 Licensing requirement--necessary showing.
5.703 Responsible party.
5.704 Marketing of devices under Spectrum Horizons experimental 
radio licenses.
5.705 Interim report.
Sec.  5.701 Applicable rules in this part.

    In addition to the rules in this subpart, Spectrum Horizons 
experimental radio station applicants and licensees shall follow the 
rules in subparts B and C of this part. In case of any conflict between 
the rules set forth in this subpart and the rules set forth in subparts 
B and C of this part, the rules in this subpart shall govern.


Sec.  5.702  Licensing requirement--necessary showing.

    Each application must include a narrative statement describing in 
detail how its experiment could lead to the development of innovative 
devices and/or services on frequencies above 95 GHz and describe, as 
applicable, its plans for marketing such devices. This statement must 
sufficiently explain the proposed new technology/potential new service 
and incorporate an interference analysis that explains how the proposed 
experiment would not cause harmful interference to other services. The 
statement should include technical details, including the requested 
frequency band(s), maximum power, emission designators, area(s) of 
operation, and type(s) of device(s) to be used.


Sec.  5.703  Responsible party.

    (a) Each Spectrum Horizons experimental radio applicant must 
identify a single point of contact responsible for all experiments 
conducted under the license and ensuring compliance with all applicable 
FCC rules.
    (b) The responsible individual will serve as the initial point of 
contact for all matters involving interference resolution and must have 
the authority to discontinue any and all experiments being conducted 
under the license, if necessary.
    (c) The license application must include the name of the 
responsible individual and contact information at which the person can 
be reached at any time of the day; this information will be listed on 
the license. Licensees are required to keep this information current.


Sec.  5.704  Marketing of devices under Spectrum Horizons experimental 
radio licenses.

    Unless otherwise stated in the instrument of authorization, devices 
operating in accordance with a Spectrum Horizons experimental radio 
license may be marketed subject to the following conditions:
    (a) Marketing of devices (as defined in Sec.  2.803 of this 
chapter) and provision of services for hire is permitted before the 
radio frequency device has been authorized by the Commission.
    (b) Licensees are required to ensure that experimental devices are 
either rendered inoperable or retrieved by them from trial participants 
at the conclusion of the trial. Licensees are required to notify 
experiment participants in advance of the trial that operation of the 
experimental device is subject to this condition. Each device sold 
under this program must be labeled as ``Authorized Under An 
Experimental License and May be Subject to Further Conditions Including 
Termination of Operation'' and carry a licensee assigned equipment ID 
number.
    (c) The size and scope of operations under a Spectrum Horizons 
experimental license are subject to limitations as the Commission shall 
establish on a case-by-case basis.


Sec.  5.705  Interim report.

    Licensee must submit to the Commission an interim progress report 5 
years after grant of its license. If a licensee requests non-disclosure 
of proprietary information, requests shall follow the procedures for 
submission set forth in Sec.  0.459 of this chapter.

PART 15--RADIO FREQUENCY DEVICES

0
16. 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
17. Amend Sec.  15.33 by revising paragraph (a)(4) and adding paragraph 
(a)(5) to read as follows:


Sec.  15.33  Frequency range of radiated measurements.

* * * * *
    (a) * * *
    (4) If the intentional radiator operates at or above 95 GHz: To the 
third harmonic of the highest fundamental frequency or to 750 GHz, 
whichever is lower, unless specified otherwise elsewhere in the rules.
    (5) If the intentional radiator contains a digital device, 
regardless of whether this digital device controls the functions of the 
intentional radiator or the digital device is used for additional 
control or function purposes other than to enable the operation of the 
intentional radiator, the frequency range shall be investigated up to 
the range specified in paragraphs (a)(1) through (4) of this section or 
the range applicable to the digital device, as shown in paragraph 
(b)(1) of this section, whichever is the higher frequency range of 
investigation.
* * * * *

0
18. Amend Sec.  15.205 by revising paragraph (d)(4) to read as follows:


Sec.  15.205  Restricted bands of operation.

* * * * *
    (d) * * *
    (4) Any equipment operated under the provisions of Sec. Sec.  
15.255 and 15.256 in the frequency band 75-85 GHz, Sec.  15.257 in the 
92-95 GHz band or Sec.  15.258.
* * * * *

0
19. Add Sec.  15.258 to read as follows:


Sec.  15.258  Operation in the bands 116-123 GHz, 174.8-182 GHz, 185-
190 GHz and 244-246 GHz.

    (a) Operation on board an aircraft or a satellite is prohibited.
    (b) Emission levels within the 116-123 GHz, 174.8-182 GHz, 185-190 
GHz and 244-246 GHz bands shall not exceed the following equivalent 
isotropically radiated power (EIRP) limits as measured during the 
transmit interval:
    (1) The average power of any emission shall not exceed 40 dBm and 
the peak power of any emission shall not exceed 43 dBm; or
    (2) For fixed point-to-point transmitters located outdoors, the 
average power of any emission shall not exceed 82 dBm and shall be 
reduced by 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 and shall be 
reduced by 2 dB for every dB that the antenna gain is less than 51 dBi. 
The provisions in this paragraph (b)(2) for reducing transmit power 
based on antenna gain shall not require that the power levels be 
reduced below the limits specified in paragraph (b)(1) of this section.
    (3) The peak power shall be measured with a detection bandwidth 
that encompasses the entire occupied bandwidth within the intended band 
of operation, e.g., 116-123 GHz, 174.8-182 GHz, 185-190 GHz or 244-246 
GHz. The average emission levels shall be measured over the actual time 
period during which transmission occurs.
    (4) Transmitters with an emission bandwidth of less than 100 MHz 
must

[[Page 25692]]

limit their peak radiated power to the product of the maximum 
permissible radiated power (in milliwatts) times their emission 
bandwidth divided by 100 MHz. For the purposes of this paragraph 
(b)(4), 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).
    (c) Spurious emissions shall be limited as follows:
    (1) The power density of any emissions outside the band of 
operation, e.g., 116-123 GHz, 174.8-182 GHz, 185-190 GHz or 244-246 
GHz, shall consist solely of spurious emissions.
    (2) Radiated emissions below 40 GHz shall not exceed the general 
limits in Sec.  15.209.
    (3) Between 40 GHz and the highest frequency specified in Sec.  
15.33, the level of these emissions shall not exceed 90 pW/cm\2\ at a 
distance of 3 meters.
    (4) The levels of the spurious emissions shall not exceed the level 
of the fundamental emission.
    (d) 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.
    (e) Regardless of the power density levels permitted under this 
section, devices operating under the provisions of this section are 
subject to the radiofrequency radiation exposure requirements specified 
in Sec. Sec.  1.1307(b), 2.1091, and 2.1093 of this chapter, as 
appropriate. Applications for equipment authorization of devices 
operating under this section must contain a statement confirming 
compliance with these requirements for both fundamental emissions and 
unwanted emissions. Technical information showing the basis for this 
statement must be submitted to the Commission upon request.
    (f) Any transmitter that has received the necessary FCC equipment 
authorization under the rules of this chapter may be mounted in a group 
installation for simultaneous operation with one or more other 
transmitter(s) that have received the necessary FCC equipment 
authorization, without any additional equipment authorization. However, 
no transmitter operating under the provisions of this section may be 
equipped with external phase-locking inputs that permit beam-forming 
arrays to be realized.
    (g) 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.
[FR Doc. 2019-10925 Filed 6-3-19; 8:45 am]
 BILLING CODE 6712-01-P