Use of the 5.850-5.925 GHz Band, 6841-6856 [2020-02086]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Proposed Rules]
[Pages 6841-6856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02086]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 15, 90, and 95

[ET Docket No. 19-138; FCC 19-129; FRS 16447]


Use of the 5.850-5.925 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission's proposal to amend its rules 
for the 5.850-5.925 GHz (5.9 GHz) band. The proposal would permit 
unlicensed devices to operate in the lower 45-megahertz portion of the 
band at 5.850-5.895 GHz under part 15 of the Commission's rules. It 
would also permit Intelligent Transportation System (ITS) operations in 
the upper 30-megahertz portion of the band at 5.895-5.925 GHz under 
parts 90 and 95 of the Commission's rules. ITS operations would consist 
of Cellular Vehicle to Everything (C-V2X) devices at 5.905-5.925 GHz, 
and C-V2X and/or Dedicated Short Range Communications (DSRC) devices at 
5.895-5.905 GHz. The document also asks whether alternate spectrum band 
approaches would better achieve the goal of maximizing the effective 
and efficient use of the 5.9 GHz band, including whether differently 
sized sub-bands or greater flexibility to introduce additional 
vehicular safety communications technologies into the band would be 
warranted.

DATES: Comments are due on or before March 9, 2020 and reply comments 
are due on or before April 6, 2020.

ADDRESSES: You may submit comments, identified by ET Docket No. 19-138, 
by any of the following methods:
     Federal Communications Commission's website: https://www.fcc.gov/ecfs/. Follow the instructions for submitting comments.
     Mail: Filings can be sent by hand or messenger delivery, 
by commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail (although the Commission continues to experience 
delays in receiving U.S. Postal Service mail). All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
     People with Disabilities: Contact the Commission to 
request reasonable accommodations (accessible format documents, sign 
language interpreters, CART, etc.) by email: [email protected] or phone: 
202-418-0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Howard Griboff, Office of Engineering 
and Technology, at (202) 418-0657, [email protected]. For 
information regarding the Paperwork Reduction Act (PRA) information 
requirements contained in this document, contact Cathy Williams, Office 
of Managing Director, at (202) 418-2918 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of

[[Page 6842]]

Proposed Rulemaking (NPRM), ET Docket No. 19-138, FCC 19-129, adopted 
on December 12, 2019 and released on December 17, 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://transition.fcc.gov/Daily_Releases/Daily_Business/2017/db0714/FCC-17-94A1.pdf. 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).

Comment Filing Procedures

    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     All hand-delivered or messenger delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St. SW, Room TW-A325, Washington, DC 20554. The filing hours 
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes and boxes must be 
disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW, Washington DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

Ex Parte Rules--Permit-But-Disclose

    Pursuant to Sec.  1.1200(a) of the Commission's rules, the 
proceeding this NPRM initiates shall be treated as a ``permit-but-
disclose'' proceeding in accordance with the Commission's ex parte 
rules. Persons making ex parte presentations must file a copy of any 
written presentation or a memorandum summarizing any oral presentation 
within two business days after the presentation (unless a different 
deadline applicable to the Sunshine period applies). Persons making 
oral ex parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2) summarize all data presented and arguments made during 
the presentation. If the presentation consisted in whole or in part of 
the presentation of data or arguments already reflected in the 
presenter's written comments, memoranda or other filings in the 
proceeding, the presenter may provide citations to such data or 
arguments in his or her prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph numbers where such data 
or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with Sec.  1.1206(b). In proceedings governed by 
Sec.  1.49(f) or for which the Commission has made available a method 
of electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.

Paperwork Reduction Act of 1995

    The NPRM contains proposed new or modified information collection 
requirements subject to the Paperwork Reduction Act of 1995, Public Law 
104-13 (PRA). OMB, the general public, and other federal agencies are 
invited to comment on the proposed information collection requirements 
contained in the proceeding. 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 seeks specific comment on how it 
might further reduce the information collection burden for small 
business concerns with fewer than 25 employees.

Synopsis

I. Introduction and Background

    1. The Commission has initiated this NPRM to assess the 5.9 GHz 
band rules and propose appropriate changes to ensure that this 75 
Megahertz of mid-band spectrum supports its most effective and 
efficient use. This ``fresh look'' approach proposes to repurpose the 
lower 45-megahertz part of the band for unlicensed operations, and to 
continue to dedicate the upper 30 megahertz of the band for 
transportation and vehicle safety-related purposes.
    2. For the past two decades, the non-Federal Mobile Service 
allocation in the 5.9 GHz band has been reserved for use by DSRC in the 
ITS service, with specific rules and protocols designed to enable 
transportation and vehicle safety-related communications. The 
Commission specified a single technological standard for DSRC based on 
its expectation that doing so was most likely to promote 
interoperability between vehicles and infrastructure in the United 
States, enable robust automotive safety communications, and accelerate 
the nationwide deployment of DSRC-based applications while reducing 
costs. Today, DSRC is being used in certain specialized traffic-related 
projects but has not been widely deployed within the consumer 
automobile market. Meanwhile, numerous technologies have been or are 
being developed and deployed in spectrum outside of the 5.9 GHz band to 
improve transportation safety and efficiency and provide certain 
services envisioned for DSRC.
    3. C-V2X is a new technology that is designed to provide 
transportation and vehicle safety-related communications. Its 
proponents want to use C-V2X to provide ITS services in the 5.9 GHz 
band. In November 2018, the 5G Automotive Association (5GAA), as part 
of its request for a waiver of the DSRC rules to allow deployment of C-
V2X at

[[Page 6843]]

5.905-5.925 GHz, asserted that C-V2X represents a significant 
advancement in technology to increase road safety and maximize the 
benefits of connected vehicles.
    4. In the time since the 5.9 GHz band was set aside for DSRC, 
unlicensed device use in adjacent and nearby spectrum has developed 
exponentially. Most of the spectrum between 5.150 GHz to the lower edge 
of the 5.9 GHz band at 5.850 GHz is available for unlicensed operations 
under the rules for Unlicensed National Information Infrastructure (U-
NII) devices. In 2013, recognizing the increasing demand for wireless 
broadband services, the Commission began a proceeding to examine the 
potential for allowing U-NII devices to share the 5.9 GHz band with 
DSRC. Coexistence evaluation under a three-phase test plan was ongoing 
at the time the NPRM was released. The Commission has noted that 
different parties have held different opinions regarding how the 5.9 
GHz band should be used. These have included continuing to allow for 
exclusive use of the band for DSRC, promoting the use of C-V2X in the 
band, and making the band available for unlicensed operations.

II. Discussion

A. Dedicating Spectrum for Unlicensed Operations and Vehicular 
Applications

    5. Rather than further attempting to resolve questions about co-
existence and sharing of spectrum by unlicensed operations and DSRC, 
the Commission proposes to repurpose the lower 45 megahertz of the 5.9 
GHz band (5.850-5.895 GHz) to allow unlicensed operations, and retain 
use of the upper 30 megahertz of the band (5.895-5.925 GHz) for ITS 
purposes, either solely for C-V2X or divided between C-V2X and DSRC 
technologies. This 45/30 megahertz split for unlicensed operations and 
ITS applications is intended to optimize the use of spectrum resources 
in the 5.9 GHz band by providing spectrum to support wideband 
unlicensed operations and continuing to dedicate sufficient spectrum to 
meet current and future needs for ITS applications. The Commission 
seeks comment on these proposals and the potential benefits of 
providing separate sub-bands in which unlicensed operations and 
vehicular-related systems would operate.

B. 5.850-5.895 GHz--45 Megahertz for Unlicensed Operations

    6. The U-NII bands span much of the 5 GHz band and play a crucial 
role in accommodating the needs of businesses and consumers for fixed 
and mobile broadband communications, and specifically, Wi-Fi. These 
bands provide high data rate local area network connections for 
business and home users to interconnect with and access the internet, 
and are often used for data offloading by commercial wireless networks 
to relieve congestion when consumer demand is high. The Commission 
believes that unlicensed use of the 5.850-5.895 GHz portion of the 5.9 
GHz band is well suited for such use and could help satisfy the 
burgeoning demand for high-speed wireless access.
    7. The Commission proposes to designate the 5.850-5.895 GHz sub-
band for unlicensed operations. The Commission believes that the 5.850-
5.895 GHz sub-band (denoted as the U-NII-4 band) could be combined with 
the adjacent 5.725-5.850 GHz sub-band (denoted as the U-NII-3 band) to 
provide a large contiguous block of unlicensed spectrum that could be 
used to deliver more capacity and advanced features to Wi-Fi users. The 
Commission requests comment on its proposal to designate the 45 
megahertz of spectrum at 5.850-5.895 MHz for unlicensed operations.
    8. The Commission suggests that because the 5.850-5.895 GHz sub-
band is adjacent to the U-NII-3 band, equipment manufacturers should be 
able to readily and cost-effectively manufacture devices to expand 
operations into this sub-band. The Commission seeks comment on how 
easily existing U-NII equipment could be modified to take advantage of 
the additional 45 megahertz of spectrum proposed for unlicensed 
operations.

C. 5.895-5.925 GHz--30 Megahertz for ITS

    9. With this NPRM, the Commission revisits how best to make use of 
the 5.9 GHz band as part of a larger ecosystem that includes a variety 
of spectrum resources--including spectrum outside of the 5.9 GHz band--
that can improve and enhance delivery of transportation and vehicular 
safety-related communications. The Commission seeks comment on the 
state of DSRC-based deployment and the extent to which existing 
licensees currently operate on some or all of the existing channels in 
the 5.9 GHz band. The Commission also seeks comment on the 
transportation and vehicular safety-related applications that are 
particularly well-suited for the 5.9 GHz band as compared to spectrum 
outside of the 5.9 GHz band, and how spectrum outside the 5.9 GHz band 
can be used efficiently and effectively to provide transportation and 
vehicular safety-related applications.
    10. To ensure the most efficient and effective use of the 5.9 GHz 
band, the Commission proposes to continue dedicating 30 megahertz of 
spectrum in the upper portion of the 5.9 GHz band at 5.895-5.925 GHz to 
support ITS operations in the band. The Commission proposes that 
designating 30 megahertz of spectrum will be sufficient to support ITS-
related functions in the 5.9 GHz band--public safety applications 
involving safety of life and property--which will be part of a larger 
wireless ecosystem that advances national transportation and vehicular 
safety-related goals. The Commission seeks comment on these proposals. 
Additionally, it seeks comment on whether there are actions it should 
take, or requirements that it should adopt, to promote rapid and 
effective deployment of ITS (e.g., establishing appropriate benchmarks 
for infrastructure deployment or in-vehicle installation).
    11. C-V2X in the 5.905-5.925 GHz band. The Commission proposes to 
authorize C-V2X operations in the upper 20 megahertz of the 5.9 GHz 
band (5.905-5.925 GHz) as a means of authorizing the ITS technology 
that is most capable of ensuring the rapid development and deployment 
of continually improving transportation and vehicular safety-related 
applications now and into the future, that is robust, secure, and 
spectrally efficient, and that is able to integrate spectrum resources 
from other bands as part of its transportation and vehicular safety-
related system. The Commission seeks specific and detailed comment on 
this proposal and views.
    12. The Commission seeks comment on whether authorizing C-V2X in 
this spectrum would be the best means for promoting effective use of 
this spectrum for ITS, both in terms of maximizing the potential 
benefits of using 5.9 GHz spectrum for vehicular-related systems 
(including safety features) and promoting rapid deployment of ITS in 
the band. The Commission also seeks comment on available technical 
studies on C-V2X that could inform its consideration of C-V2X, 
including any recent studies that provide information about how C-V2X 
would operate in the 5.9 GHz band. The Commission requests that 
commenters provide detailed information on precisely how C-V2X 
communications would employ use of 5.9 GHz band frequencies, and how it 
would integrate and make use of the commercial mobile network 
infrastructure as part of C-V2X.
    13. The Commission also seeks comment on how C-V2X would

[[Page 6844]]

promote synergies with evolving technologies that use other spectrum 
resources and that will advance vehicular safety and other intelligent 
transportation capabilities of today and those anticipated in the 
coming years. The Commission requests comments from motor vehicle 
manufacturers, the associated automotive industry, and communications 
companies regarding authorization of C-V2X operations in this spectrum, 
including the extent to which their views on ITS development deployment 
issues have evolved. If C-V2X is best suited to achieve U.S. goals for 
ITS, how can the Commission best promote C-V2X use consistent with the 
goals and objectives of ITS, including safety and other vehicular ITS 
applications, connectivity, rapid development, and deployment?
    14. C-V2X or DSRC in the 5.895-5.905 GHz band. The Commission seeks 
comment on whether the remaining 10 megahertz (5.895-5.905 GHz) of the 
5.9 GHz band should also be designated for C-V2X. The Commission seeks 
comment on how to best optimize the spectrum so that this portion of 
the 5.9 GHz band can effectively enable the rapid and ongoing 
development and deployment of transportation and vehicular safety-
related functionalities and applications today and in the future.
    15. The Commission seeks comment on whether making additional 
spectrum available for C-V2X beyond 20 megahertz is necessary and 
appropriate for enabling the development and deployment of advanced C-
V2X applications in the band. What additional C-V2X features 
potentially would be enabled? Commenters that support this approach 
should explain how C-V2X would make use of the entire 30 megahertz for 
ITS services and applications, and the potential benefits of this 
approach.
    16. Alternatively, the Commission seeks comment on whether it 
should continue to set aside the 10 megahertz of spectrum at 5.895- 
5.905 GHz for DSRC. The Commission requests comment on the kinds of 
DSRC-based services that would be possible using 10 megahertz of 
spectrum. What effect would the Commission's proposals have on any 
applications delivered using Channel 172 and Channel 184, the two DSRC 
channels that the Commission previously designated for safety of life 
applications? Can any such services be provided in the 10-megahertz at 
5.895-5.905 GHz? What would be necessary to ensure that DSRC operations 
adjacent to C-V2X would be compatible? Are there any ITS services that 
DSRC would provide that cannot effectively be provided using C-V2X? Is 
dividing the 30 megahertz of ITS spectrum between C-V2X (20 megahertz) 
and DSRC (10 megahertz) useful and spectrally efficient when it comes 
to making use of the upper 30-megahertz portion of the band at 5.895-
5.925 GHz for ITS services? The Commission asks that commenters 
supporting DSRC in the 10 megahertz of spectrum at 5.895-5.905 GHz 
discuss the benefits and costs of their preferred approach. The 
Commission also seeks comment on whether there is a more appropriate 
division of the upper 30-megahertz portion of the band at 5.895-5.925 
GHz between C-V2X and DSRC.
    17. 5GAA indicates that in addition to the 20-megahertz channel 
requested in its waiver request, it also desires a 40-megahertz channel 
(i.e., 60-megahertz total) so that the technology it has planned for 
the band can evolve to include 5G systems and subsequent wireless 
generations that will amplify and expand upon the safety and other 
driving applications. Given that the Commission is already on the path 
to make substantial mid-band spectrum available for 5G in the 2.5 GHz 
and 3.5 GHz bands, and is proposing to do so in the 3.7 GHz band, 
allocating a larger spectrum designation in the 5.9 GHz as a path to 5G 
appears unnecessary. The Commission nonetheless seeks comment on 5GAA's 
assertions that 60 megahertz is needed for C-V2X so that the technology 
planned for the band can evolve to include 5G systems. Is it necessary 
to plan for such systems in the 5.9 GHz band? If so, can 20 or 30 
megahertz of spectrum support 5G automotive applications? What advanced 
safety applications would be offered on a future 5G system? The 
Commission seeks comment on whether other 5G spectrum the Commission 
has made and is making available could be used to support additional C-
V2X applications rather than the 5.9 GHz band. Commenters should 
address how 5G systems might fit into the overall connected vehicle 
ecosystem.

D. Transition of Existing DSRC Operations

    18. Incumbent DSRC operations in the 5.9 GHz band fall into two 
categories: DSRC roadside units, which are licensed on a non-exclusive, 
shared basis pursuant to the Commission's part 90 rules, and on-board 
units, which are licensed-by-rule under part 95. Since the proposals in 
the NPRM may require DSRC incumbents to transition their operations 
from currently-designated frequencies, the Commission seeks comment on 
possible transition paths. To assess the potential effects of such a 
transition, the Commission seeks up-to-date information on actual DSRC 
operations under existing licenses, as well as the various uses of ITS 
that have been implemented through DSRC technology in this band. Do the 
locations of roadside units registered in the Commission's licensing 
database provide a complete and accurate representation of the 
deployments under these licenses? To what extent are DSRC operations 
concentrated in certain parts of the 5.9 GHz band, and how does use of 
the band vary between on-board and roadside units? Commenters are 
invited to submit information about the scope of deployment of such on-
board units including, if available, the number of units deployed in 
consumer vehicles versus the number deployed in state, local, Tribal, 
or other governmental vehicles.
    19. To what extent are existing DSRC deployments anticipated to be 
used on a long-term (versus demonstration) basis, and what is the 
lifespan of existing DSRC pilot projects? To the extent the Commission 
adopts the proposals detailed in this NPRM, would operators of existing 
DSRC deployments be likely to pursue C-V2X-based solutions, re-
channelize to the remaining DSRC channel (if it adopts such a plan), or 
simply wind-down operations? To the extent the Commission grants new or 
renews existing DSRC authorizations, should it only prescribe such 
authorizations for a relatively short period of time?
    20. The Commission proposes to modify existing DSRC licenses to 
allow operation in only the 5.895-5.925 GHz sub-band to the extent that 
licensees want to operate a C-V2X system or only in 5.895-5.905 GHz to 
the extent this sub-band is retained for DSRC systems and the licensees 
want to continue their DSRC operations. The Commission seeks comment on 
these proposals and appropriate transition paths. How would the 
proposed modifications affect current licensees with operational sites? 
How might statutory limitations or Commission policy inform the actions 
that the Commission should take as part of any transition plan? The 
Commission notes that section 316 of the Communications Act of 1934, as 
amended, gives the Commission authority to modify entire classes of 
licenses by a rulemaking or adjudication, though this authority has 
been interpreted not to extend to any ``fundamental change'' to the 
terms of a license. What obligations does section 316 of the 
Communications Act (or any other provision of the Act) impose on the 
Commission with respect to incumbent DSRC operations if the

[[Page 6845]]

Commission were to reallocate the band under any of the proposals on 
which it seeks comment in this NPRM?
    21. Are there any transition considerations for on-board units that 
are different than considerations for roadside units? Considering the 
potential inability of DSRC on-board units to communicate with non-DSRC 
on-board units and infrastructure, should the Commission take any 
actions to remove them from service or require other suitable 
modifications consistent with any ultimately-adopted revisions to the 
5.9 GHz band? Would such units remaining in vehicles impact unlicensed 
operations assuming the proposals in this NPRM are adopted? If on-board 
units remain in vehicles and DSRC licensees remain permitted to operate 
only in the 5.895-5.905 GHz sub-band, what effect, if any, would 
unlicensed operations have on these DSRC units?
    22. Should the Commission allow existing DSRC roadside 
infrastructure to continue to operate under the licenses they hold 
until the end of their license term without renewal expectation? The 
Commission seeks comment on whether such an approach would adversely 
affect the introduction of unlicensed operations and C-V2X 
applications. In addition, the Commission requests comment on an 
appropriate transition timeline for all DSRC operations under any of 
the approaches it discusses above. Finally, to the extent that the 
Commission adopts revisions requiring a transition of DSRC operations, 
the Commission requests comment on any other considerations or 
approaches that it should take to effectuate an appropriate transition.

E. Technical Rules

    23. Unlicensed Operations in the 5.850-5.895 GHz Sub-band. 
Unlicensed devices operate under the conditions of not causing harmful 
interference and accepting any interference from an authorized radio 
station. The Commission proposes that U-NII-4 device rules be placed in 
Part 15, subpart E along with the existing U-NII rules and be subject 
to all of the general Part 15 operational principles, and seeks comment 
on this proposal. Because the proposed U-NII-4 band at 5.850-5.895 GHz 
is located immediately adjacent to the existing U-NII-3 band at 5.725-
5.850 GHz, and the Commission expects that manufacturers will design 
devices that span the U-NII-3 and U-NII-4 bands to implement the widest 
channel available under the standards--160 megahertz--the Commission 
proposes that U-NII-4 devices be subject to similar technical and 
operational rules that apply to the U-NII-3 band.
    24. As an initial matter, the Commission proposes that U-NII-4 
devices be permitted to operate at the same power levels as U-NII-3 
devices, as specified in section 15.407(a)(3) of the Commission's 
rules. The Commission seeks comment on this proposal or whether it 
should adopt different power levels. The Commission proposes that U-
NII-4 devices, or devices that operate across a single channel that 
spans the U-NII-3 and U-NII-4 bands, meet an out-of-band emissions 
(OOBE) limit of -27 dBm/MHz at or above 5.925 GHz, which is the same 
limit required for U-NII-3 devices at this frequency. The Commission 
notes that, for U-NII-3 devices, the -27 dBm/MHz limit increases 
incrementally to a level of 27 dBm/MHz at the band edge, as shown in 
section 15.407(b)(4) of the Commission's rules. Because the U-NII-4 
band is above the U-NII-3 band and closer to adjacent services (e.g., 
ITS services in the adjacent portion of the 5.9 GHz band (5.895-5.925 
GHz) and 6 GHz fixed services), should the Commission also establish a 
separate limit at the upper U-NII-4 band edge (i.e., at 5.895 GHz)? If 
so, what should this limit be? U-NII-3 devices are only required to 
meet an OOBE limit of -4.8 dBm/MHz at 5.895 GHz. Should the slope of 
the OOBE from U-NII-4 devices at the upper edge of the band be adjusted 
to match the OOBE limits from U-NII-3 devices or should a different 
limit be established? If the OOBE limits from the U-NII-4 band are 
adjusted to match the U-NII-3 band OOBE limits, can unlicensed devices 
and ITS devices operate directly adjacent to each other as the 
emissions into the ITS band would be identical from either U-NII-3 or 
U-NII-4 devices? The Commission seeks comment generally on the OOBE 
limits it should apply at the upper end of the U-NII-4 band and whether 
any spectrum must be reserved to protect ITS services, and if so, 
whether such spectrum should be in the U-NII or ITS segment of the 5.9 
GHz band.
    25. The Commission further proposes that U-NII-4 devices, or 
devices that operate across a single channel that spans the U-NII-3 and 
U-NII-4 bands, meet the same OOBE limits as U-NII-3 devices at the 
lower edge of the combined U-NII-3 and U-NII-4 band, i.e., at 5.725 
GHz. Because the Commission expects devices designed for the U-NII-3 
and U-NII-4 bands to be similar and therefore compatible with each 
other, it does not believe it is necessary to set a separate OOBE limit 
for U-NII-4 devices at the U-NII-3/U-NII-4 band edge. The Commission 
seeks comment on these proposals as well as comment on whether there 
are alternative OOBE limits that it should adopt.
    26. The Commission's proposals support separate U-NII-3 and U-NII-4 
bands to provide flexibility in designing U-NII-3 equipment under the 
less stringent OOBE rules at the upper edge of the band. The 
Commission's proposals also provide flexibility for devices to operate 
across the U-NII-3 and U-NII-4 bands using the widest bandwidths 
permitted under the Institute of Electrical and Electronics Engineers 
(IEEE) 802.11 standard. Alternatively, the Commission could expand the 
U-NII-3 band and implement a single set of OOBE limits for the combined 
5.725-5.895 GHz band using the OOBE limits proposed for U-NII-4 band 
devices or devices that operate across a single channel that spans the 
U-NII-3 and U-NII-4 bands. What advantages would a single band under 
uniform rules provide? What would be the drawbacks, especially 
considering the effect on OOBE limits? The Commission seeks comment on 
this alternative. Under the Commission's proposal or this alternative, 
it also seeks comment on any other rule changes that are needed to 
support communications across the combined U-NII-3 and U-NII-4 bands. 
The Commission seeks comment on how its proposals might affect device 
design and cost.
    27. Vehicular-Related Communications in the 5.895-5.925 GHz Sub-
band. The Commission proposes to adopt rules for vehicular-related 
communications in this sub-band that are similar to the Commission's 
approach when the rules for DSRC operations were adopted. C-V2X, which 
is based on the 3GPP LTE family of standards (i.e., the 4G LTE-Pro 
system in 3GPP Release 14, with additional standard work currently 
underway to develop a 5G C-V2X peer-to-peer mode), is incompatible with 
DSRC-based operations, which is based on the IEEE 802.11 family of 
standards. As such, the Commission proposes that the technical rules 
for C-V2X be based on the 3GPP LTE standard and seeks comment on this 
proposal and any alternatives that should be considered. In addition, 
the Commission seeks comment on whether the C-V2X technical rules would 
be required for all devices operating in the 5.905-5.925 GHz band, or 
alternatively in the 5.895-5.925 GHz band, should the Commission permit 
C-V2X operations in the entire 30 megahertz.
    28. The Commission's current DSRC rules incorporate by reference 
the

[[Page 6846]]

American Society for Testing and Materials (ASTM) EE2213-03ASTM 
E223313-03 standard. However, that standard has been superseded by a 
different standard, the IEEE 802.11p. If DSRC operations remain in the 
band, the Commission seeks comment on whether it should incorporate by 
reference IEEE 802.11 standards for DSRC operations. Similarly, the 
Commission seeks comment on whether 3GPP standard(s) for C-V2X 
operations should be incorporated by reference in the Commission's 
rules. What are the trade-offs in terms of deployment speed, safety and 
cost between mandating a particular standard for devices and leaving 
the choice of equipment to each manufacturer or automotive company? 
Commenters that advocate for mandating a particular standard should 
address how the Commission or industry could ensure that devices could 
be upgraded as the standard is upgraded to incorporate new capabilities 
and applications.
    29. The Commission proposes that its technical rules for C-V2X be 
based on the 3GPP standard and discusses the specific technical rules 
that have been identified by 5GAA. These technical specifications are 
shown in the proposed rules. The Commission further proposes that, if 
it permits C-V2X operations across the entire 5.895-5.925 GHz band, it 
would extend these proposed rules to encompass that entire 30 
megahertz. The Commission seeks comment on the specific language of 
these proposed rules, including the efficacy and technical feasibility 
of the proposed technical rules.
    30. The Commission proposes both conducted and radiated OOBE limits 
for C-V2X equipment and seeks comment on these proposals. In that 
regard, the Commission seeks comment on the relative in-band versus 
out-of-band efficiency of antennas in this frequency range and whether 
both conducted and radiated emissions limits are necessary. The 
Commission also seeks comment on whether devices should be required to 
comply with both the conducted and radiated emissions limits or only 
one of the limits. Further, the Commission seeks comment on the proper 
reference for the OOBE limits, whether it should be the channel edge or 
the band edge.
    31. The Commission proposes that the transmit power limit for C-V2X 
operation be defined over its channel bandwidth. The Commission seeks 
comment on this proposal and asks whether a different channel bandwidth 
for compliance purposes would be more appropriate. The Commission also 
seeks comment on any alternative technical rules to the existing DSRC 
regulatory framework. Commenters should address how any technical rules 
they support ensures the ability of C-V2X operations to deliver 
services while also ensuring compatibility among different nearby 
spectrum users (i.e., how the potential for causing interference to 
other services is minimized). Commenters should specifically address 
any differences between these proposals, especially with respect to the 
OOBE limits, and the existing DSRC rules.
    32. Although the Commission proposes specific rules consistent with 
those suggested by 5GAA, the Commission also seeks comment on 
alternatives that are based on the existing DSRC rules or some other 
regulatory framework. Should the Commission provide additional power to 
C-V2X stations commensurate with the Equivalent Isotropically Radiated 
Power (EIRP) levels permitted under the DSRC rules? Should additional 
power be permitted only for certain applications, such as vehicle-to-
network or roadside unit to network communications? Should more power 
be permitted for all licensees or limited to only government entities 
as is the case under the current DSRC rules? Or would uniform power 
levels for all users better serve the public and avoid the potential 
for harmful interference? Should antenna height be a factor in how much 
power is permitted? Commenters advocating for technical limits similar 
to the existing DSRC rules should address how their alternative rules 
prevent harmful interference to nearby services.
    33. To the extent the Commission retains provisions for DSRC 
operations in the 5.895-5.905 GHz band, it proposes to retain the 
existing part 90 and part 95 technical and coordination rules that 
currently apply to DSRC roadside unit and on-board unit operations on 
that channel (currently designated as DSRC Channel 180). This includes 
a power limit of 23 dBm EIRP and adherence to the current OOBE limits. 
The Commission seeks comment on this proposal. Should different power 
and OOBE limits be permitted? For example, should the Commission permit 
33 dBm EIRP levels, similar to the power level proposed for C-V2X? If 
so, what additional measures might need to be imposed on DSRC 
operations to ensure there is no increased interference to DoD radars? 
Also, to the extent the Commission retains provisions for DSRC, it 
would be adjacent to the C-V2X band. Are there any additional technical 
rules the Commission should adopt for DSRC and/or C-V2X to facilitate 
their respective operations under this adjacent-channel arrangement?
    34. Incumbent protection. In addition to the non-Federal Mobile 
Service allocation currently designated for DSRC, the 5.9 GHz band 
contains allocations for the Federal Radiolocation Service and the non-
Federal Fixed Satellite Service (FSS) (Earth-to-space) on a primary 
basis, and the Amateur Service on a secondary basis for non-Federal 
use. The 5.850-5.875 GHz segment of the 5.9 GHz band is designated 
internationally for Industrial, Scientific, and Medical (ISM) 
applications.
    35. The Department of Defense (DoD) uses the Federal Radiolocation 
Service to operate fixed and mobile radars for surveillance (including 
airborne surveillance), test range instrumentation, airborne 
transponders, and testing in support of the tracking and control of 
airborne vehicles. The existing DSRC rules for protection of the 
primary 5.9 GHz band Federal Radiolocation Service require that 
roadside installations within 75 kilometers around 59 Federal radar 
locations be coordinated with the National Telecommunications and 
Information Administration (NTIA). The Commission believes that 
requiring C-V2X equipment to likewise coordinate installations within 
75-kilometer coordination zones represents the most straightforward 
approach for enabling compatibility with federal operations. The 
Commission seeks comment on this proposal, and specifically on whether 
C-V2X operations at the proposed power levels would in any way alter 
the previous assumptions for sharing with DoD radars. In addition, the 
Commission seeks comment on what measures the Commission might 
establish for C-V2X equipment to ensure the radars are not subject to 
harmful interference. Commenters should address the potential impact 
from both roadside and onboard units and provide information as to how 
such interference could be mitigated by requiring technical or 
operational constraints on the C-V2X operations in the event harmful 
interference were to occur.
    36. The Commission also seeks comment on whether there are 
alternate methods to ensure that harmful interference is not caused to 
federal radars from C-V2X devices if it were to adopt the proposals 
included in the NPRM. Have there been any tests or studies undertaken 
by C-V2X proponents demonstrating that the C-V2X protocol provides 
comparable or greater protection to federal radars as compared to DSRC 
devices?

[[Page 6847]]

Alternatively, could dynamic or location awareness methods be used by 
C-V2X systems to automatically reduce power when nearing any of the 
sites designated for coordination, and could such provisions be made 
applicable to all C-V2X equipment? The Commission's consideration of 
on-board units in this regard could become relevant if it adopts final 
rules that specify different maximum power limits for C-V2X on-board 
units than those for DSRC on-board units. Under such a regime, how 
would systems be updated if new DoD radar sites are added? Proponents 
of any of these options should provide details specifying how the 
Commission could modify the interference protection rules.
    37. As to unlicensed devices in the 5.9 GHz band, the Commission 
notes that unlicensed devices currently share spectrum with D0D radar 
operations in the adjacent U-NII-3 band (5.725-5.850 GHz) without 
implementing any frequency use avoidance techniques, and in general, 
sharing has been successful. The Commission proposes to adopt the same 
technical rules (e.g., radiated power, power spectral density, etc.) 
for U-NII-4 unlicensed devices as apply to U-NII-3 unlicensed devices. 
The Commission will continue working with NTIA and DoD to examine and 
mitigate the potential for harmful interference to DoD radars under 
these proposed rules and may impose additional technical or operational 
constraints on U-NII-4 devices. The Commission further seeks comment on 
whether there are any mitigation measures, such as technical or 
operational conditions or constraints that it should consider for U-
NII-4 operations to protect DoD radars in the 5.9 GHz band.
    38. The primary non-federal FSS (Earth-to-space) operations at 5.9 
GHz band are part of the ``extended C-band'' and provide uplinks 
(Earth-to-space) that are limited to international inter-continental 
systems and subject to case-by-case electromagnetic compatibility 
analysis. The majority of these stations are near the coastlines, 
though there are some inland stations. To enable the required 
international inter-continental transmissions, these stations transmit 
to satellites located at longitudes that are not located over the U.S. 
The Commission previously determined that no coordination requirement 
is needed to protect FSS uplink operations from harmful interference 
due to DSRC transmissions. Because C-V2X operations are anticipated to 
be similar to DSRC operations in their potential for interference, the 
Commission proposes that coordination with FSS stations is unnecessary 
to ensure protection from harmful interference due to C-V2X 
transmissions and seeks comment on this assessment. The Commission 
further proposes that to the extent DSRC operations remain in the 5.9 
GHz band, such stations continue to operate under the current rules; 
i.e., no coordination is necessary with FSS stations. The Commission 
seeks comment on this proposal and asks commenters to provide 
information on the types of FSS uses this band supports and how much 
this band actually is used (i.e., is it used continuously or only as a 
back-up if other links go down?). Should the Commission codify 
coordination procedures, or should they remain under the purview of the 
interested parties where they can be more easily changed and updated as 
technology or band usage changes? Although the Commission observes that 
C-V2X and FSS uplink operations can co-exist without harmful 
interference, out of an abundance of caution, it also seeks comment on 
whether any testing or studies have been conducted by proponents of C-
V2X that have considered FSS uplink incumbents, and how those results 
might inform the final rules it adopts.
    39. The Commission also proposes not to adopt any restrictions on 
U-NII-4 devices to account for the existing non-federal users of the 
band. The Commission believes that the expected unlicensed device use 
cases, which primarily involve delivery of Wi-Fi signals along with the 
distance to FSS satellites in geostationary orbit, should protect FSS 
uplink operations from harmful interference. The Commission 
nevertheless seeks comment on whether any targeted rules are needed to 
ensure the protection of incumbent FSS uplink operations. If so, what 
types of sharing technology or techniques would be appropriate and what 
are the cost implications for manufacturers, vendors, and consumers? 
The Commission also believes that its proposal to apply the existing U-
NII-3 power rules to the 5.850-5.895 GHz band will protect co-channel 
secondary Amateur Service operations from harmful interference. The 
Commission seeks comment on this proposed approach.
    40. With regard to the secondary Amateur Service operations in the 
5.9 GHz band, the Commission reasons that no additional rules are 
necessary to accommodate co-channel C-V2X use with the Amateur Service. 
The Commission also concludes that its proposal to apply the existing 
U-NII-3 power rules to the 5.850-5.895 GHz band will protect co-channel 
Amateur Service operations from harmful interference. Similarly, the 
Commission proposes that no additional rules are necessary to protect 
C-V2X devices from ISM operations permitted under Part 18 of the rules 
in the 5.850-5.875 GHz portion of the band. The Commission seeks 
comment on these approaches.
    41. Changes to the U.S. Table of Frequency Allocations. In 
conjunction with the Commission's proposed use of the 5.895-5.925 GHz 
sub-band for vehicular-related systems, the Commission proposes 
conforming modifications to the U.S. Table. Currently under Footnote 
NG160 in the U.S. Table, use of the non-Federal Mobile Service in the 
5.850-5.925 GHz band is limited to DSRC operating in the ITS radio 
service. The Commission proposes to modify Footnote NG160 to remove the 
reference to DSRC, refer to ITS generically, and limit ITS use of the 
Mobile Service to only the 5.895-5.925 GHz band. The Commission seeks 
comment on this proposal.

F. Vehicular Applications Outside of the 5.9 GHz Band

    42. Vehicle-resident technologies are widely deployed in millions 
of vehicles today without using 5.9 GHz spectrum, and other, more 
advanced vehicle safety features are under development. The Commission 
seeks comment on the extent to which the needs for transportation and 
vehicular safety-related communications and other ITS applications 
originally identified for the 5.9 GHz band are already being met 
through spectrum use outside of the 5.9 GHz band. Is the requirement in 
the Intelligent Transportation Systems Act of 1998 to consider 
designating spectrum for ITS still relevant today? Because the 
Commission's general policy has been to move away from specific 
spectrum designations in favor of more flexible use, is there still a 
need to designate spectrum for ITS? Commenters that advocate for a 
specific designation should provide details regarding the benefits of 
such a designation including those to the public as well as on 
equipment designers and manufacturers.
    43. Commenters also should consider whether there are other 
spectrum bands that might be better suited for supporting ITS 
applications. If so, which ones? What would be the benefit of doing so, 
e.g., would this lead to more rapid take-up of valuable automotive 
safety applications? Commenters should address the extent to which some 
of the 5.9 GHz band might remain critical to the realization of ITS 
applications. Commenters that support maintaining

[[Page 6848]]

some 5.9 GHz band spectrum for ITS applications should specify the 
specific transportation and vehicular safety-related functions to be 
accommodated in the band and how much bandwidth in this particular band 
is necessary to achieve those respective functional capabilities. Are 
all of these applications equally critical to ensure automotive safety 
and improve the vehicular transportation environment? The Commission 
seeks comment on how the Commission can ensure that ITS is used for 
safety of life applications. What are the trade-offs associated with 
other options, such as the use of different spectrum to provide ITS 
services? Do the potential safety benefits vary by band or service and, 
if so, in what way?
    44. Could the Commission modify its rules to make it easier to 
provide for automotive safety applications in other bands or through 
other radio services? What are the implications of retaining spectrum 
for ITS in the 5.9 GHz band relative to autonomous vehicles, especially 
given that autonomous vehicles are already being tested and deployed 
using applications and technologies other than DSRC for vehicle-to-
vehicle communications or other transportation or vehicular-safety 
related operations?

G. Benefits and Costs

    45. The Commission's goal in this proceeding is to revise the 
current 5.9 GHz band plan to optimize the efficient and effective use 
of the band by making the band available both for unlicensed use and 
ITS services. The Commission seeks to evaluate the benefits and costs 
of its proposed approach as well as alternatives, and requests comment 
on how to best calculate these benefits and costs. To date, the band 
has been underused for ITS services. Designating the 5.850-5.895 GHz 
band for unlicensed operations is likely to generate quantifiable 
benefits for consumers, stakeholders, and the American economy. 
Similarly, the Commission believes removing uncertainty pertaining to 
the future of ITS services in the band, including the type(s) of 
technologies that are authorized, would promote more rapid and 
effective deployment of these services in the band. At the same time, 
the Commission recognizes that reducing the spectrum available for ITS, 
depending on the approach taken, potentially could lead to social costs 
if deployments of ITS would ever occur at wide-scale. The Commission 
seeks comment on how to best calculate these benefits and costs.
    46. The Commission believes that its proposals have the potential 
to create economic value by resolving uncertainty concerning the future 
designation of the 5.9 GHz band for both unlicensed uses and ITS 
services. Specifically, does the economic value of removing this 
uncertainty and providing a clear direction for use of the band under 
the proposed new band plan exceed the benefits that might be achieved 
by continuing on the path set out by the Commission in 2013, when it 
sought to explore sharing of the band between unlicensed and DSRC 
devices (and the extensive further testing that this would entail)? 
Insofar as the Commission's proposal provides certainty that part of 
the 5.9 GHz band would continue to be reserved for ITS services, and 
would have the effect of promoting development and deployment of ITS 
services that make use of this band, how should the Commission evaluate 
the benefits of such a determination today and into the future?
    47. The Commission seeks comment on the benefits and costs of 
designating a significant portion of this band for unlicensed 
operations. The Commission notes that other studies have sought to 
quantify the benefits of unlicensed spectrum, but most have focused on 
existing allocations rather than on the 5.9 GHz band specifically. The 
Commission requests comment on the extent to which available studies 
may provide an appropriate approach for quantifying the benefits 
associated with proposing to designate 45 megahertz at 5.850-5.895 GHz 
for unlicensed operations. The Commission also seeks comment on other 
potential benefits, including benefits to other licensed or unlicensed 
users (including ITS users) that may be able to use unlicensed devices 
in providing services.
    48. The Commission also proposes to measure the benefits and costs 
of reserving 30 megahertz of spectrum in the 5.9 GHz band for ITS and 
seeks specific comment on how best to evaluate these benefits and 
costs. In proposing to reserve 30 megahertz of spectrum in the 5.9 GHz 
band for ITS, the Commission recognizes that many of the technologies 
that will make use of 5.9 GHz band spectrum are evolving and will 
continue to evolve in the future. The Commission seeks comment on how 
to evaluate the benefits and costs of its proposal given the evolving 
nature of transportation and vehicular safety-related technologies, 
both within and outside of the 5.9 GHz band. The Commission seeks 
comment on the extent to which its proposals would make ITS based 
technologies either more or less effective. To what extent are or will 
the types of ITS services that would be available through use of the 
5.9 GHz band going to be offered using spectrum outside of the 5.9 GHz 
band? How should the Commission evaluate the benefits and costs of ITS 
services in the 5.9 GHz band (whether for vehicular safety or other 
transportation-related applications) using 30 megahertz of spectrum in 
the band as compared with other amounts of spectrum in the band? The 
Commission also asks that commenters quantify how the vehicular safety 
and transportation-related benefits and costs may be affected based on 
the authorization of C-V2X technologies in the entire 5.895-5.925 GHz 
sub-band, or alternatively authorizing C-V2X in the upper 20 megahertz 
and DSRC in the other 10 megahertz. Are there technologies presently 
being or likely to be developed outside of the 5.9 GHz band that would 
substantially substitute for benefits of ITS in the 5.9 GHz band?
    49. The Commission is cognizant that retaining 30 megahertz of 
spectrum for ITS in the 5.9 GHz band may have other economic benefits 
or costs that could be affected by its proposal. For instance, in 
addition to improving traffic safety, the ITS service was envisioned as 
having the potential to decrease traffic congestion, facilitate the 
reduction of air pollution, and help conserve vital fossil fuels. To 
what extent would these potential benefits be affected by the 
Commission's proposal? The Commission asks commenters to enumerate and 
quantify any such alternative effects. Additionally, to the extent that 
there are benefits and costs associated with the Commission's proposal 
for unlicensed operations and ITS services in the 5.9 GHz band, when 
and over what time horizon would they be realized?

H. Alternate Approaches

    50. Are there spectrum band approaches other than those discussed 
above that may better maximize the effective and efficient use of the 
5.9 GHz band? Would creating differently sized sub-bands be a better 
approach than the Commission's proposed band plan? Are there any 
additional emerging vehicle safety technologies the Commission should 
consider for the 5.9 GHz band? Should the Commission provide automakers 
and the transportation industry with broad flexibility to introduce 
additional vehicular safety communications technologies into the band, 
and permit any and all technologies so long as they can co-exist? This 
could include DSRC, C-V2X, or future spectrum use protocols that might 
be developed. If so, how should

[[Page 6849]]

the Commission define successful co-existence and interoperability, and 
are there ways to ensure that a technology-neutral approach to any 
future such developments would provide ready access to the band and 
enable critical safety services without causing harmful interference to 
incumbent technologies?
    51. Commenters should provide detailed justification to support 
specific band plan options, including the types of services that could 
or could not be delivered by unlicensed use or by vehicular-related 
services under each option. Likewise, in each case, commenters should 
seek to quantify the costs and benefits as well as the risks and 
opportunities, of the discussed alternatives relative to the 
Commission's proposed band plan.

III. Initial Regulatory Flexibility Analysis

    52. As required by the Regulatory Flexibility Act of 1980 (RFA), 
the Commission has prepared this present Initial Regulatory Flexibility 
Analysis (IRFA) concerning the possible significant economic impact on 
a substantial number of small entities by the policies and rules 
proposed in the NPRM. Written public comments are requested on this 
IRFA. Comments must be identified as responses to the IRFA and must be 
filed by the deadlines in the NPRM for comments. The Commission will 
send a copy of the NPRM, including the IRFA, to the Chief Counsel of 
Advocacy of the Small Business Administration (SBA).

A. Need for, and Objectives of, the Proposed Rules

    53. In this NPRM, the Commission assesses the present 5.9 GHz band 
(5.850-5.925 GHz band) rules and proposes appropriate changes to ensure 
the spectrum supports its highest and best use. Recognizing the current 
state of vehicular technology and deployment, and the evolution of the 
telecommunications market, the Commission proposes to continue to 
dedicate spectrum--the upper 30 megahertz portion of the band--for 
transportation and vehicle safety purposes and repurpose the lower 45 
megahertz part of the band for unlicensed operations to support high-
throughput broadband applications.
    54. For the past two decades, the 5.9 GHz band has been spectrum 
designated for the operation of the Intelligent Transportation System 
(ITS). The Commission adopted licensing and services rules for 
Dedicated Short Range Communications (DSRC), and specified a single 
technological standard based on its expectation that, despite its 
general preference for leaving the selection of technologies to 
licensees, a single standard in this band was most likely to promote 
interoperability between vehicles and infrastructure in the United 
States, enable robust automotive safety communications, and accelerate 
the nationwide deployment of DSRC-based applications while reducing 
costs.
    55. Since that time, the DSRC service has evolved slowly and has 
not been widely deployed within the consumer automobile market (it has 
found use in certain specialized, traffic-related projects). Meanwhile, 
numerous technologies have been or are being developed and deployed to 
improve transportation safety and efficiency and provide the types of 
services envisioned for DSRC in spectrum outside the 5.9 GHz band. A 
new technology, Cellular Vehicle to Everything (C V2X), has been 
gaining momentum as a means of providing transportation and vehicle 
safety-related communications, and its proponents now seek to operate 
its technology as an ITS service in the 5.9 GHz band. At the same time, 
unlicensed device use has developed exponentially elsewhere in the 5 
GHz band to become a vital component of the communications landscape. 
As a result, most of the spectrum between 5.150 GHz to the lower edge 
of the 5.9 GHz band at 5.850 GHz is available for unlicensed 
operations. As such, the 5.850-5.895 GHz sub-band in the 5.9 GHz band 
is especially well positioned to deliver immediate and potentially 
significant benefits when used by unlicensed devices to meet the 
intense demand.
    56. This NPRM proposes to create sub-bands within the 5.9 GHz band 
to allow unlicensed operations to operate in the lower 45 megahertz of 
the band (5.850-5.895 GHz) and reserve the upper 30 megahertz of the 
band (5.895-5.925 GHz) for ITS, either solely C-V2X or divided between 
C-V2X and DSRC technologies. This 45/30 megahertz split for unlicensed 
devices and ITS applications is intended to optimize the use of 
spectrum resources in the 5.9 GHz band by enabling valuable additions 
and enhancements to the unlicensed ecosystem and by continuing to 
dedicate sufficient spectrum to meet current and future ITS needs 
within the vehicular-related ecosystem. This proposal seeks to provide 
the spectrum necessary for unlicensed operations to implement the 
widest, highest throughput channel permitted by the standards, while 
clarifying the technical rules and eliminating uncertainty for the 
development and deployment of ITS applications.

B. Legal Basis

    57. The proposed action is taken authority found in sections 1, 
4(i), 301, 302, 303, 316, and 332 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154(i), 301, 302, 303, 316, and 332, and Sec.  
1.411 of the Commission's rules, 47 CFR 1.411.

C. Description and Estimate of Number of Small Entities to Which the 
Proposed Rules Will Apply

    58. The RFA directs agencies to provide a description of, and where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A ``small business concern'' is one which: (1) Is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the Small Business 
Administration (SBA).
    59. Small Businesses, Small Organizations, and Small Governmental 
Jurisdictions. The Commission's actions, over time, may affect small 
entities that are not easily categorized at present. The Commission 
therefore describes here, at the outset, three broad groups of small 
entities that could be directly affected herein. First, while there are 
industry specific size standards for small businesses that are used in 
the regulatory flexibility analysis, according to data from the SBA's 
Office of Advocacy, in general a small business is an independent 
business having fewer than 500 employees. These types of small 
businesses represent 99.9% of all businesses in the United States which 
translates to 28.8 million businesses.
    60. Next, the type of small entity described as a ``small 
organization'' is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
Nationwide, as of August 2016, there were approximately 356,494 small 
organizations based on registration and tax data filed by nonprofits 
with the Internal Revenue Service (IRS).
    61. Finally, the small entity described as a ``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.'' U.S. Census 
Bureau data from the 2012 Census of

[[Page 6850]]

Governments indicate that there were 90,056 local governmental 
jurisdictions consisting of general purpose governments and special 
purpose governments in the United States. Of this number there were 
37,132 General purpose governments (county, municipal and town or 
township) with populations of less than 50,000 and 12,184 Special 
purpose governments (independent school districts and special 
districts) with populations of less than 50,000. The 2012 U.S. Census 
Bureau data for most types of governments in the local government 
category show that the majority of these governments have populations 
of less than 50,000. Based on this data the Commission estimates that 
at least 49,316 local government jurisdictions fall in the category of 
``small governmental jurisdictions.''
    62. Radio Frequency Equipment Manufacturers (RF Manufacturers). 
Neither the Commission nor the SBA has developed a small business size 
standard applicable to Radio Frequency Equipment Manufacturers (RF 
Manufacturers). There are several analogous SBA small entity categories 
applicable to RF Manufacturers--Fixed Microwave Services, Other 
Communications Equipment Manufacturing, and Radio and Television 
Broadcasting and Wireless Communications Equipment Manufacturing. A 
description of these small entity categories and the small business 
size standards under the SBA rules are detailed below.
    63. Fixed Microwave Services. Microwave services include common 
carrier, private-operational fixed, and broadcast auxiliary radio 
services. They also include the Upper Microwave Flexible Use Service, 
Millimeter Wave Service, Local Multipoint Distribution Service (LMDS), 
the Digital Electronic Message Service (DEMS), and the 24 GHz Service, 
where licensees can choose between common carrier and non-common 
carrier status. There are approximately 66,680 common carrier fixed 
licensees, 69,360 private and public safety operational-fixed 
licensees, 20,150 broadcast auxiliary radio licensees, 411 LMDS 
licenses, 33 24 GHz DEMS licenses, 777 39 GHz licenses, and five 24 GHz 
licenses, and 467 Millimeter Wave licenses in the microwave services. 
The Commission has not yet defined a small business with respect to 
microwave services. The closest applicable SBA category is Wireless 
Telecommunications Carriers (except Satellite) and the appropriate size 
standard for this category under SBA rules is that such a business is 
small if it has 1,500 or fewer employees. For this industry, U.S. 
Census Bureau data for 2012 show that there were 967 firms that 
operated for the entire year. Of this total, 955 firms had employment 
of 999 or fewer employees and 12 had employment of 1000 employees or 
more. Thus under this SBA category and the associated size standard, 
the Commission estimates that a majority of fixed microwave service 
licensees can be considered small.
    64. Other Communications Equipment Manufacturing. This industry 
comprises establishments primarily engaged in manufacturing 
communications equipment (except telephone apparatus, and radio and 
television broadcast, and wireless communications equipment). Examples 
of such manufacturing include fire detection and alarm systems 
manufacturing, Intercom systems and equipment manufacturing, and 
signals (e.g., highway, pedestrian, railway, traffic) manufacturing. 
The SBA has established a size standard for this industry as all such 
firms having 750 or fewer employees. U.S. Census Bureau data for 2012 
shows that 383 establishments operated in that year. Of that number, 
379 operated with fewer than 500 employees and 4 had 500 to 999 
employees. Based on this data, the Commission concludes that the 
majority of Other Communications Equipment Manufacturers are small.
    65. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. This industry comprises establishments 
primarily engaged in manufacturing radio and television broadcast and 
wireless communications equipment. Examples of products made by these 
establishments are: transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment. The SBA has established a small business size 
standard for this industry of 1,250 or fewer employees. U.S. Census 
Bureau data for 2012 show that 841 establishments operated in this 
industry in that year. Of that number, 828 establishments operated with 
fewer than 1,000 employees, 7 establishments operated with between 
1,000 and 2,499 employees and 6 establishments operated with 2,500 or 
more employees. Based on this data, the Commission concludes that a 
majority of manufacturers in this industry are small.
    66. Automobile Manufacturing. This U.S. industry comprises 
establishments primarily engaged in (1) manufacturing complete 
automobiles (i.e., body and chassis or unibody) or (2) manufacturing 
automobile chassis only. The SBA has established a size standard for 
this industry, which is 1,500 or fewer employees. 2012 U.S. Census 
Bureau data indicate that 185 establishments operated in this industry 
that year. Of this number, 162 establishments had employment of fewer 
than 1,000 employees, and 11 establishments had employment of 1,000 to 
2,499 employees. Therefore, the Commission estimates that the majority 
of manufacturers in this industry are small entities.
    67. Internet Service Providers (Non-Broadband). Internet access 
service providers such as Dial-up internet service providers, VoIP 
service providers using client-supplied telecommunications connections 
and internet service providers using client-supplied telecommunications 
connections (e.g., dial-up ISPs) fall in the category of All Other 
Telecommunications. The SBA has developed a small business size 
standard for All Other Telecommunications which consists of all such 
firms with gross annual receipts of $35 million or less. For this 
category, U.S. Census Bureau data for 2012 show that there were 1,442 
firms that operated for the entire year. Of these firms, a total of 
1,400 had gross annual receipts of less than $25 million. Consequently, 
under this size standard a majority of firms in this industry firms can 
be considered small.
    68. Internet Service Providers (Broadband). Broadband internet 
service providers include wired (e.g., cable, DSL) and VoIP service 
providers using their own operated wired telecommunications 
infrastructure fall in the category of Wired Telecommunication 
Carriers. Wired Telecommunications Carriers are comprised of 
establishments primarily engaged in operating and/or providing access 
to transmission facilities and infrastructure that they own and/or 
lease for the transmission of voice, data, text, sound, and video using 
wired telecommunications networks. Transmission facilities may be based 
on a single technology or a combination of technologies. The SBA size 
standard for this category classifies a business as small if it has 
1,500 or fewer employees. U.S. Census Bureau data for 2012 show that 
there were 3,117 firms that operated that year. Of this total, 3,083 
operated with fewer than 1,000 employees. Consequently, under this size 
standard, the majority of firms in this industry can be considered 
small.

[[Page 6851]]

    69. Cable System Operators (Telecom Act Standard). The 
Communications Act of 1934, as amended also contains a size standard 
for small cable system operators, which is ``a cable operator that, 
directly or through an affiliate, serves in the aggregate fewer than 
one percent of all subscribers in the United States and is not 
affiliated with any entity or entities whose gross annual revenues in 
the aggregate exceed $250,000,000.'' As of 2018, there were 
approximately 50,504,624 cable video subscribers in the United States. 
Accordingly, an operator serving fewer than 505,046 subscribers shall 
be deemed a small operator if its annual revenues, when combined with 
the total annual revenues of all its affiliates, do not exceed $250 
million in the aggregate. Based on available data, the Commission finds 
that all but six incumbent cable operators are small entities under 
this size standard. The Commission notes that it neither requests nor 
collects information on whether cable system operators are affiliated 
with entities whose gross annual revenues exceed $250 million. 
Therefore, the Commission is unable at this time to estimate with 
greater precision the number of cable system operators that would 
qualify as small cable operators under the definition in the 
Communications Act.
    70. Wireless Telecommunications Carriers (except Satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves. Establishments in this industry have spectrum licenses and 
provide services using that spectrum, such as cellular services, paging 
services, wireless internet access, and wireless video services. The 
appropriate size standard under SBA rules is that such a business is 
small if it has 1,500 or fewer employees. For this industry, U.S. 
Census Bureau data for 2012 show that there were 967 firms that 
operated for the entire year. Of this total, 955 firms had employment 
of 999 or fewer employees and 12 had employment of 1,000 employees or 
more. Thus, under this category and the associated size standard, the 
Commission estimates that the majority of wireless telecommunications 
carriers (except satellite) are small entities.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    71. The NPRM proposes rules that will affect reporting and other 
compliance requirements. The NPRM proposes to adopt rules reducing the 
amount of spectrum available for vehicular-related communications, 
i.e., ITS, from 75 megahertz (5.850-5.925 GHz) to 30 megahertz (5.895-
5.925 GHz) and establish rules for the C-V2X technology that largely 
follow the Commission's approach when the rules for DSRC operations 
were adopted, including those designed to protect incumbent operations. 
The Commission expects that manufacturers would be required to redesign 
DSRC equipment to reflect the revised band plan (if DSRC remains a 
technical option in the band) and design C-2X equipment to per the 
Commission's new rules. The Commission also proposes that a licensee of 
either technology must register each of its roadside units in the 
Universal Licensing System before operating such roadside unit and 
delete from the registration database any roadside units that have been 
discontinued.
    72. The NPRM also proposes to allow unlicensed operations in 45 
megahertz from 5.850-5.895 GHz (the U-NII-4 band) under the conditions 
of not causing harmful interference and accepting any interference from 
an authorized radio station. The Commission proposes that U-NII-4 
devices be subject to similar technical and operational rules that 
apply to the U-NII-3 band, with regard to, e.g., power levels and out-
of-band emissions limits. Because the proposed U-NII-4 band at 5.850-
5.895 GHz is located immediately adjacent to the existing U-NII-3 band 
at 5.725-5.850 GHz, the Commission expects that manufacturers will 
design devices that span the U-NII-3 and U-NII-4 bands to implement the 
widest channel available under the standards, which will affect device 
design and cost.

E. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    73. 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.
    74. The proposals that would require equipment modification or new 
equipment manufacturing would have an impact on equipment 
manufacturers, some of which may be small entities. Though the 
Commission believes that its proposed technical rules for the ITS 
equipment would provide appropriate rules for this band, it seeks 
comment on alternatives that are based on the existing rules or some 
other regulatory scheme, with regard to, e.g., power limits and antenna 
height. The Commission also seeks comment on whether it should adopt 
different power levels or alternative out-of-band emissions limits for 
U-NII-4 equipment as compared to other U-NII equipment.
    75. In addition, the Commission also seeks general comment on 
alternative approaches to the spectrum band plan than those discussed, 
such as creating differently sized sub-bands for unlicensed and ITS, 
and technology neutral approaches to use of the ITS band.
    76. The regulatory burdens the Commission has proposed are 
necessary in order to ensure that the public receives the benefits of 
innovative services and technologies in a prompt and efficient manner 
and apply equally to large and small entities, thus without 
differential impact. Comments with proposed alternatives will assist in 
reaching the best outcomes. The Commission will continue to examine 
alternatives in the future with the objectives of eliminating 
unnecessary regulations and minimizing any significant impact on small 
entities.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    77. None.

IV. Ordering Clauses

    78. It is ordered that pursuant to the authority found in sections 
1, 4(i), 301, 302, 303, 316, and 332 of the Communications Act of 1934, 
as amended, 47 U.S.C. 151, 154(i), 301, 302, 303, 316, and 332, and 
Sec.  1.411 of the Commission's rules, 47 CFR 1.411, that this Notice 
of Proposed Rulemaking is hereby adopted.
    79. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Notice of Proposed Rulemaking, including the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.

[[Page 6852]]

List of Subjects

47 CFR Part 2

    Radio, Telecommunications.

47 CFR Part 15, 90, and 95

    Communications equipment, Radio.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 2, 15, 90, and 
95 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 2.106 is amended by revising footnote ``NG160'' to read as 
follows:


Sec.  2.106   Table of Frequency Allocations.

* * * * *
    NG160 In the band 5895-5925 MHz, the use of the non-Federal mobile 
service is limited to operations in the Intelligent Transportation 
System radio service.
* * * * *

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 15.401 is revised to read as follows:


Sec.  15.401   Scope.

    This subpart sets out the regulations for unlicensed National 
Information Infrastructure (U-NII) devices operating in the 5.15-5.35 
GHz and 5.47-5.895 GHz bands.
0
5. Section 15.403 is amended by revising paragraph (s) to read as 
follows:


Sec.  15.403   Definitions.

* * * * *
    (s) U-NII devices. Intentional radiators operating in the frequency 
bands 5.15-5.35 GHz and 5.470-5.895 GHz that use wideband digital 
modulation techniques and provide a wide array of high data rate mobile 
and fixed communications for individuals, businesses, and institutions.
0
6. Amend Sec.  15.407 by:
0
a. Redesignating paragraphs (a)(4) and (5) as paragraphs (a)(5) and 
(6);
0
b. Adding new paragraph (a)(4);
0
c. Revising newly redesignated paragraph (a)(6);
0
d. Revising the introductory text of paragraph (b)(4);
0
e. Redesignating paragraphs (b)(5) through (7) as paragraphs (b)(6) 
through (8);
0
f. Adding new paragraph (b)(5); and
0
g. Revising paragraph (e).
    The additions and revisions to read as follows:


Sec.  15.407   General technical requirements.

* * * * *
    (a) * * *
    (4) For the band 5.85-5.895 GHz, the maximum conducted output power 
over the frequency band of operation shall not exceed 1 W. In addition, 
the maximum power spectral density shall not exceed 30 dBm in any 500-
kHz band. If transmitting antennas of directional gain greater than 6 
dBi are used, both the maximum conducted output power and the maximum 
power spectral density shall be reduced by the amount in dB that the 
directional gain of the antenna exceeds 6 dBi. However, fixed point-to-
point U-NII devices operating in this band may employ transmitting 
antennas with directional gain greater than 6 dBi without any 
corresponding reduction in transmitter conducted power. Fixed, point-
to-point operations exclude the use of point-to-multipoint systems, 
omnidirectional applications, and multiple collocated transmitters 
transmitting the same information. The operator of the U-NII device, or 
if the equipment is professionally installed, the installer, is 
responsible for ensuring that systems employing high gain directional 
antennas are used exclusively for fixed, point-to-point operations.
* * * * *
    (6) The maximum power spectral density is measured as a conducted 
emission by direct connection of a calibrated test instrument to the 
equipment under test. If the device cannot be connected directly, 
alternative techniques acceptable to the Commission may be used. 
Measurements in the 5.725-5.895 GHz band are made over a reference 
bandwidth of 500 kHz or the 26 dB emission bandwidth of the device, 
whichever is less. Measurements in the 5.15-5.25 GHz, 5.25-5.35 GHz, 
and the 5.47-5.725 GHz bands are made over a bandwidth of 1 MHz or the 
26 dB emission bandwidth of the device, whichever is less. A narrower 
resolution bandwidth can be used, provided that the measured power is 
integrated over the full reference bandwidth.
* * * * *
    (b) * * *
    (4) For transmitters operating solely in the 5.725-5.850 GHz band:
* * * * *
    (5) For transmitters operating solely in the 5.850-5.895 GHz band 
or operating on a channel that spans across 5.850 GHz:
    (i) All emissions at or above 5.925 GHz shall not exceed an 
e.i.r.p. of -27 dBm/MHz.
    (ii) All emissions below 5.725 GHz shall be limited to a level of -
27 dBm/MHz at 5.65 GHz increasing linearly to 10 dBm/MHz at 5.7 GHz, 
and from 5.7 GHz increasing linearly to a level of 15.6 dBm/MHz at 5.72 
GHz, and from 5.72 GHz increasing linearly to a level of 27 dBm/MHz at 
5.725 GHz.
* * * * *
    (e) Within the 5.725-.5.850 GHz and 5.850-5.895 GHz bands, the 
minimum 6 dB bandwidth of U-NII devices shall be at least 500 kHz.
* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
7. The authority citation for part 90 continues to read as follows:

    Authority:  47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), 
1401-1473.

0
8. Section 90.7 is amended by adding the definition of ``Cellular 
Vehicle to Everything (C-V2X) Communications Services'' in alphabetical 
order and revising the definitions of ``On-Board unit (OBU),'' 
``Roadside unit (RSU)'' and ``Roadway bed surface'' to read as follows:


Sec.  90.7   Definitions.

* * * * *
    Cellular Vehicle to Everything (C-V2X) Service. The use of cellular 
radio techniques defined by the 3rd Generation Partnership Program 
(3GPP) to transfer data between roadside and mobile units, between 
mobile units, and between portable and mobile units to perform 
operations related to the improvement of traffic flow, traffic safety, 
and other intelligent transportation service applications in a variety 
of environments. C-V2X Service systems may also transmit status and 
instructional messages related to the units involved.
* * * * *
    On-Board Unit (OBU). An On-Board Unit is a DSRCS or C-V2X Service 
transceiver that is normally mounted in or on a vehicle, or which in 
some instances may be a portable unit. An

[[Page 6853]]

OBU can be operational while a vehicle or person is either mobile or 
stationary. The OBUs receive and transmit on one or more radio 
frequency (RF) channels. Except where specifically excluded, OBU 
operation is permitted wherever vehicle operation or human passage is 
permitted. The OBUs mounted in vehicles are licensed by rule under part 
95 of this chapter and communicate with Roadside Units (RSUs) and other 
OBUs. Portable OBUs are also licensed by rule under part 95 of this 
chapter.
    Roadside Unit (RSU). A Roadside Unit is a DSRCS or C-V2X Service 
transceiver that is mounted along a road or pedestrian passageway. An 
RSU may also be mounted on a vehicle or is hand carried, but it may 
only operate when the vehicle or hand-carried unit is stationary. 
Furthermore, an RSU operating under this part is restricted to the 
location where it is licensed to operate. However, portable or hand-
held RSUs are permitted to operate where they do not interfere with a 
site-licensed operation. An RSU broadcasts data to or exchanges data 
with OBUs.
    Roadway bed surface. For DSRCS or the C-V2X Service, the road 
surface at ground level.
* * * * *
0
9. Section 90.149 is amended by revising paragraph (b) to read as 
follows:


Sec.  90.149   License term.

* * * * *
    (b) Non-exclusive geographic area licenses for Roadside Units 
(RSUs) under subpart M of this part in the 5895-5925 MHz band will be 
issued for a term not to exceed ten years from the date of original 
issuance or renewal. The registration dates of individual RSUs (see 
Sec.  90.375) will not change the overall renewal period of the single 
license.
0
10. Section 90.155 is amended by revising paragraph (i) to read as 
follows:


Sec.  90.155   Time in which station must be placed in operation.

* * * * *
    (i) Roadside Units (RSUs) under subpart M of this part in the 5895-
5925 MHz band must be placed in operation within 12 months from the 
effective date of registration (see Sec.  90.375) or the authority to 
operate the RSUs cancels automatically (see Sec.  1.955 of this 
chapter). Such registration date(s) do not change the overall renewal 
period of the single license. Licensees must notify the Commission in 
accordance with Sec.  1.946 of this chapter when registered units are 
placed in operation within their construction period.
0
11. Section 90.175 is amended by revising paragraph (j)(16) to read as 
follows:


Sec.  90.175   Frequency coordinator requirements.

* * * * *
    (j) * * *
    (16) Applications for DSRCS and C-V2X Service licenses (as well as 
registrations for Roadside Units) under subpart M of this part in the 
5895-5925 GHz band.
* * * * *
0
12. Section 90.179 is amended by revising paragraph (f) to read as 
follows:


Sec.  90.179   Shared use of radio stations.

* * * * *
    (f) Above 800 MHz, shared use on a for-profit private carrier basis 
is permitted only by SMR, Private Carrier Paging, LMS, DSCRS, and C-V2X 
Service licensees. See subparts M, P, and S of this part.
0
13. Section 90.205 is amended by revising paragraph (q) to read as 
follows:


Sec.  90.205   Power and antenna height limits.

* * * * *
    (q) 5895-5925 MHz. Power and height limitations are specified in 
subpart M of this part.
* * * * *
0
14. Section 90.210 is amended by revising the entry of ``5850-5925'' in 
the table and footnote 4 to read as follows:


Sec.  90.210   Emission masks.

* * * * *

------------------------------------------------------------------------
                               Mask for equipment    Mask for equipment
  Applicable emission masks    with audio low pass    without audio low
    frequency band (MHz)             filter              pass filter
------------------------------------------------------------------------
 
                              * * * * * * *
5895-5925 \4\
 
                              * * * * * * *
------------------------------------------------------------------------
\4\ DSRCS and C-V2X Service Roadside Units in the 5.895-5.925 GHz band
  is governed under Subpart M of this part.

* * * * *
0
15. In Sec.  90.213 amend paragraph (a) by revising footnote 10 to the 
table to read as follows:


Sec.  90.213   Frequency stability.

    (a) * * *

    \10\ Frequency stability for DSRCS and C-V2X Service equipment 
in the 5895-5925 MHz band is specified in subpart M of this part. 
For all other equipment, frequency stability is to be specified in 
the station authorization.
0
16. Section 90.350 is revised to read as follows:


Sec.  90.350   Scope.

    The Intelligent Transportation Systems (ITS) radio service is for 
the purpose of integrating radio-based technologies into the nation's 
transportation infrastructure and to develop and implement the nation's 
intelligent transportation systems. It includes the Location and 
Monitoring Service (LMS), the Dedicated Short-Range Communications 
Service (DSRCS), and the Cellular Vehicle to Everything (C-V2X) 
Service. Rules as to eligibility for licensing, frequencies available, 
and any special requirements for services in the Intelligent 
Transportation Systems radio service are set forth in this subpart.

Subpart M--[Amended]

0
17. Amend Subpart M, consisting of Sec. Sec.  90.350 through 90.383, by 
revising the undesignated heading after Sec.  90.365 to read as 
follows:
* * * * *

Regulations Governing the Licensing and Use of Frequencies in the 5895-
5925 MHz Band for Dedicated Short-Range Communications Service (DSRCS) 
and Cellular Vehicle to Everything (C-V2X) Service

* * * * *
0
18. Section 90.370 is added to subpart M to read as follows:


Sec.  90.370   Permitted frequencies.

    (a) DSRCS Roadside Units (RSUs) are permitted to operate in the 
5895-5905 MHz band.
    (b) C-V2X Service RSUs are permitted to operate in the 5905-5925 
MHz band.
    (c) Channels are available on a shared basis only for use in 
accordance with the Commission's rules. All licensees shall cooperate 
in the selection and use of channels in order to reduce

[[Page 6854]]

interference. This includes monitoring for communications in progress 
and any other measures as may be necessary to minimize interference. 
Licensees of RSUs suffering or causing harmful interference within a 
communications zone as defined in Sec.  90.375 of this part are 
expected to cooperate and resolve this problem by mutually satisfactory 
arrangements. If the licensees are unable to do so, the Commission may 
impose restrictions including specifying the transmitter power, antenna 
height and direction, additional filtering, or area or hours of 
operation of the stations concerned. Further the use of any channel at 
a given geographical location may be denied when, in the judgment of 
the Commission, its use at that location is not in the public interest; 
use of any such channel may be restricted as to specified geographical 
areas, maximum power, or such other operating conditions, contained in 
this part or in the station authorization.
    (d) Frequencies in the 5895-5925 MHz band will not be assigned for 
the exclusive use of any licensee.
0
19. Section 90.371 is amended by revising the section heading, removing 
paragraph (a), redesignating paragraphs (b) and (c) as paragraphs (a) 
and (b) and revising the introductory text of newly redesignated 
paragraph (a) to read as follows:


Sec.  90.371   DSRCS and C-V2X Service.

    (a) DSRCS and C-V2X Service Roadside Units (RSUs) operating in the 
band 5895-5925 MHz shall not receive protection from Government 
Radiolocation services in operation prior to the establishment of the 
RSU. Operation of RSU stations within 75 kilometers of the locations 
listed in the table below must be coordinated through the National 
Telecommunications and Information Administration.
* * * * *
0
20. Section 90.373 is amended by revising the introductory text to read 
as follows:


Sec.  90.373   Eligibility in the DSRCS and C-V2X Service.

    The following entities are eligible to hold an authorization to 
operate Roadside units in the DSRCS or C-V2X Service:
* * * * *
0
21. Section 90.375 is revised to read as follows:


Sec.  90.375   License areas, communication zones, and registrations.

    (a) Roadside Units (RSUs) in the 5895-5925 MHz band are licensed on 
the basis of non-exclusive geographic areas. Governmental applicants 
will be issued a geographic area license based on the geo-political 
area encompassing the legal jurisdiction of the entity. All other 
applicants will be issued a geographic area license for their proposed 
area of operation based on county(s), state(s) or nationwide.
    (b) Applicants who are approved in accordance with FCC Form 601 
will be granted non-exclusive licenses for the channel(s) corresponding 
to their intended operations (see Sec.  90.370). Such licenses serve as 
a prerequisite of registering individual RSUs located within the 
licensed geographic area described in paragraph (a) of this section. 
Licensees must register each RSU in the Universal Licensing System 
(ULS) before operating such RSU. RSU registrations are subject, inter 
alia, to the requirements of Sec.  1.923 of this chapter as applicable 
(antenna structure registration, environmental concerns, international 
coordination, and quiet zones). Additionally, RSUs at locations subject 
to NTIA coordination (see Sec.  90.371(a)) may not begin operation 
until NTIA approval is received. Registrations are not effective until 
the Commission posts them on the ULS. It is the licensee's 
responsibility to delete from the registration database any RSUs that 
have been discontinued.
    (c) Licensees must operate each RSU in accordance with the 
Commission's rules and the registration data posted on the ULS for such 
RSU. Licensees must register each RSU for the smallest communication 
zone needed for the intelligent transportation systems application 
using one of the following four communication zones:

------------------------------------------------------------------------
                                        Maximum output
               RSU class                  power (dBm)    Communications
                                              \1\         zone (meters)
------------------------------------------------------------------------
A.....................................               0                15
B.....................................              10               100
C.....................................              20               400
D.....................................            28.8              1000
------------------------------------------------------------------------
\1\ As described in the IEEE 802.11p-2010 and Standard and ATIS
  transposed standards of the 3GPP (incorporated by reference, see Sec.
   90.379).

0
22. Section 90.377 is revised to read as follows:


Sec.  90.377   Maximum EIRP and antenna height.

    (a) DSRCS and C-V2X Service licensees shall transmit only the power 
(EIRP) needed to communicate with an On-Board Unit (OBU) within the 
communications zone and must take steps to limit the Roadside Unit 
(RSU) signal within the zone to the maximum extent practicable.
    (b) DSRCS and C-V2X Service licensees must limit RSU output power 
to 20 dBm and equivalent isotopically radiated power (EIRP) to 33 dBm. 
The EIRP is measured as the maximum EIRP toward the horizon or 
horizontal, whichever is greater, of the gain associated with the main 
or center of the transmission beam.
    (c) The radiation center of an RSU antenna shall not exceed 8 
meters above the roadway bed surface, except that an RSU may employ an 
antenna with a height exceeding 8 meters but not exceeding 15 meters 
provided the EIRP specified in paragraphs (a) and (b) of this section 
is reduced by a factor of 20 log(Ht/8) in dB where Ht is the height of 
the radiation center of the antenna in meters above the roadway bed 
surface. The RSU antenna height shall not exceed 15 meters above the 
roadway bed surface.
0
23. Section 90.379 is revised to read as follows:


Sec.  90.379   Technical standards for Roadside Units.

    (a) DSRCS Roadside Units (RSUs) operating in the 5895-5905 MHz band 
must comply with the technical standard Institute of Electrical and 
Electronics Engineers (IEEE) 802.11p-2010.
    (b) C-V2X Service RSUs operating in the 5905-5925 MHz band shall 
comply with the V2X sidelink service for this band as described in the 
ATIS transposed standards of the 3GPP specifications except where these 
rules and regulations take precedence.

[[Page 6855]]

    (c) The standards required in this section are incorporated by 
reference into this section with the approval of the Director of the 
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved 
material is available for inspection at the Federal Communications 
Commission, 445 12th Street SW, Washington, DC 20554 and is available 
from the sources indicated below. It is also available for inspection 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030 or go to www.archives.gov/federal-register/cfr/ibrlocations.html.
    (1) 802.11p-2010, IEEE Standard for Information technology--Local 
and metropolitan area networks--Specific requirements--Part 11: 
Wireless LAN Medium Access Control (MAC) and Physical Layer (PHY) 
Specifications Amendment 6: Wireless Access in Vehicular Environments 
(2010). This standard is available from the Institute of Electrical and 
Electronics Engineers (IEEE), 3025 Boardwalk Drive, Suite 220, Ann 
Arbor, MI 48108, 1-855-999-9870, https://www.techstreet.com/ieee.
    (2) 3GPP Release 14, 3rd Generation Partnership Project Technical 
Specification Group Services and System Aspects (2018). This standard 
is available from ATIS, 1200 G Street NW Suite 500, Washington, DC 
20005, https://www.atis.org/docstore/default.aspx.
0
24. Section 90.381 is added to read as follows:


Sec.  90.381   C-V2X Service emissions limits.

    C-V2X Service Roadside Units (RSUs) must comply with the following 
out-of-band emissions limits:
    (a) Conducted limits measured at the antenna input shall not 
exceed:
    (1) -29 dBm/100 kHz at the band edge (The band is defined in Sec.  
90.370 of this part);
    (2) -35 dBm/100 kHz  1 megahertz from the band edge;
    (3) -43 dBm/100 kHz  10 megahertz from the band edge; 
and
    (4) -53 dBm/100 kHz  20 megahertz from the band edge.
    (b) Radiated limits: All C-V2X Service RSUs must limit radiated 
emissions to -25 dBm/100 kHz EIRP or less outside the band edges where 
the band is defined in Sec.  90.370 of this part.
0
25. Section 90.383 is amended by revising the introductory text and 
paragraph (b) to read as follows:


Sec.  90.383   RSU sites near the U.S./Canada or U.S./Mexico border.

    Until such time as agreements between the United States and Canada 
or the United States and Mexico, as applicable, become effective 
governing border area use of the 5850-5925 MHz band, authorizations to 
operate Roadside Units (RSUs) are granted subject to the following 
conditions:
* * * * *
    (b) Authority to operate RSUs is subject to modifications and 
future agreements between the United States and Canada or the United 
States and Mexico, as applicable.


Sec.  90.415  [AMENDED]

0
26. Section 90.415 is amended by revising paragraph (b) to read as 
follows:
* * * * *
    (b) Render a communications common carrier service, except for 
stations in the Public Safety Pool providing communications standby 
facilities under Sec.  90.20(a)(2)(xi) and stations licensed under this 
part in the SMR, private carrier paging, Industrial/Business Pool, 220-
222 MHz or the DSRCS and C-V2X Service.
0
27. Section 90.421 is revised by adding paragraph (d) to read as 
follows:


Sec.  90.421  Operation of mobile station units not under the control 
of the licensee.

* * * * *
    (d) DSRCS and C-V2X Service On-Board Units licensed by rule under 
part 95 of this chapter may communicate with any roadside unit 
authorized under this part or any licensed commercial mobile radio 
service station as defined in part 20 of this chapter.
0
28. Section 90.425 is amended by revising paragraph (d)(10) to read as 
follows:


Sec.  90.425   Station identification.

* * * * *
    (d) * * *
    (10) It is a Roadside Unit (RSU) in an ITS system.
* * * * *

PART 95--PERSONAL RADIO SERVICES

0
29. The authority citation for part 95 continues to read as follows:

    Authority:  47 U.S.C. 154, 303, and 307.

Subpart L--[Amended].

0
30. Subpart L, consisting of Sec. Sec.  95.3101 through 95.3189, is 
amended by revising the subpart heading to read as follows:

Subpart L--DSRCS and C-V2X Service On-Board Units

0
31. Section 95.3101 is revised to read as follows:


Sec.  95.3101   Scope.

    This subpart contains rules that apply only to On-Board Units 
(OBUs) transmitting in the 5895-5925 MHz frequency band in the 
Dedicated Short-Range Communications Services (DSRCS) and the Cellular 
Vehicle to Everything (C-V2X) Service (see Sec.  90.371 of this 
chapter).
0
32. Section 95.3103 is amended by adding the definition of ``Cellular 
Vehicle to Everything (C-V2X) Service'' in alphabetical order and by 
revising the definition of ``On-Board Unit (OBU)'' to read as follows:


Sec.  95.3103  Definitions, OBUs.

    Cellular Vehicle to Everything (C-V2X) Service. A service providing 
for data transfer between various mobile and roadside transmitting 
units for the purposes of improving traffic flow, highway safety and 
performing other intelligent transportation functions. See Sec.  90.7 
of this chapter for a more detailed definition.
* * * * *
    On-Board Units (OBUs). OBUs are low-power devices on vehicles that 
transfer data to roadside units or other OBUs in the Dedicated Short-
Range Communications Service or the Cellular Vehicle to Everything (C-
V2X) Service (see Sec. Sec.  90.370-90.383 of this chapter), to improve 
traffic flow and safety, and for other intelligent transportation 
system purposes. See Sec.  90.7 of this chapter.
* * * * *
0
33. Section 95.3131 is revised to read as follows:


Sec.  95.3131   Permissible uses, OBUs.

    On-Board Units (OBUs) may transmit signals to other OBUs and to 
Roadside Units (RSUs), which are authorized under part 90 of this 
chapter or to licensees as defined in part 20 of this chapter.


Sec.  95.3159   [Removed].

0
34. Section 95.3159 is removed.
0
35. Section 95.3161 is amended by revising paragraph (a) to read as 
follows:


Sec.  95.3161   OBU transmitter certification.

    (a) Each On-Board Unit (OBU) C-V2XC-V2Xthat operates or is intended 
to operate in the DSRCS or C-V2X Service must be certified in 
accordance with this subpart and subpart J of part 2 of this chapter.
* * * * *
0
36. Section 95.3163 is revised to read as follows:


Sec.  95.3163   OBU frequencies.

    (a) DSRCS On-Board Units (OBUs) are permitted to operate in the 
5895-5905 MHz band.

[[Page 6856]]

    (b) C-V2X Service OBUs are permitted to operate in the 5905-5925 
MHz band.
0
37. Section 95.3167 is revised to read as follows:


Sec.  95.3167  OBU transmit power limit.

    (a) The maximum output power for portable DSRCS On-Board Unit (OBU) 
transmitter types is 1.0 mW.
    (b) The maximum output power for vehicular and portable C-V2X 
Service OBU transmitter types is 20 dBm and the maximum equivalent 
isotopically radiated power (EIRP) is limited to 23 dBm.
    (c) The power limits in paragraphs (a) and (b) of this section may 
be referenced to the antenna input, so that cable losses are taken into 
account.
    (d) For purposes of this section, a portable unit is a transmitting 
device designed to be used so that the radiating structure(s) of the 
device is/are within 20 centimeters of the body of the user.
0
38. Section 95.3179 is added to read as follows:


Sec.  95.3179   Unwanted emissions limits.

    (a) C-V2X Service Roadside Units must comply with the following 
out-of-band emissions limits:
    (1) Conducted limits measured at the antenna input shall not 
exceed:
    (i) -29 dBm/100 kHz at the band edge (The band is defined in 
section 95.3163 of this part.);
    (ii) -35 dBm/100 kHz  1 megahertz from the band edge;
    (iii) -43 dBm/100 kHz  10 megahertz from the band edge; 
and
    (iv) -53 dBm/100 kHz  20 megahertz from the band edge.
    (2) Radiated limits: All C-V2X Service On-Board Units must limit 
radiated emissions to -25 dBm/100 kHz EIRP or less outside the band 
edges where the band is defined in section 95.3163 of this part.
    (b) DSRCS out-of-band emissions limits are specified in the IEEE 
802.11p-2010 standard (See section 95.3189 of this part)
0
39. Section 95.3189 is revised to read as follows:


Sec.  95.3189   OBU technical standard.

    (a) DSRCS On-Board Unit (OBU) transmitter types operating in the 
5895-5905 MHz band must be designed to comply with the technical 
standard Institute of Electrical and Electronics Engineers (IEEE) 
802.11p-2010.
    (b) C-V2X Service OBU transmitter types operating in the 5895-5925 
MHz band shall comply with the V2X sidelink service for this band as 
described in the ATIS transposed standards of the 3GPP specifications 
except where these rules and regulations take precedence.
    (c) The standards required in this section are incorporated by 
reference into this section with the approval of the Director of the 
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved 
material is available for inspection at the Federal Communications 
Commission, 445 12th Street SW, Washington, DC 20554 and is available 
from the sources indicated below. It is also available for inspection 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030 or go to www.archives.gov/federal-register/cfr/ibrlocations.html.
    (1) 802.11p-2010, IEEE Standard for Information technology--Local 
and metropolitan area networks--Specific requirements--Part 11: 
Wireless LAN Medium Access Control (MAC) and Physical Layer (PHY) 
Specifications Amendment 6: Wireless Access in Vehicular Environments 
(2010). This standard is available from the Institute of Electrical and 
Electronics Engineers (IEEE), 3025 Boardwalk Drive, Suite 220, Ann 
Arbor, MI 48108, 1-855-999-9870, https://www.techstreet.com/ieee.
    (2) 3GPP Release 14, 3rd Generation Partnership Project Technical 
Specification Group Services and System Aspects (2018). This standard 
is available from ATIS, 1200 G Street NW, Suite 500, Washington, DC 
20005, https://www.atis.org/docstore/default.aspx.
    Appendix A to part 95 is amended by removing the entry in the table 
for ``95.1509--ASTM E2213-03 DSRC Standard.''.

[FR Doc. 2020-02086 Filed 2-5-20; 8:45 am]
 BILLING CODE 6712-01-P