Use of the 5.850-5.925 GHz Band, 100838-100856 [2024-28980]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Rules and Regulations]
[Pages 100838-100856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28980]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 90, 95, and 97

[ET Docket No. 19-138; FCC 24-123; FR ID 265055]


Use of the 5.850-5.925 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) adopts rules and takes other steps to further address the 
transition of 5.9 GHz Intelligent Transportation System (ITS) 
operations from Dedicated Short Range Communications (DSRC)-based 
technology to cellular-vehicle-to-everything (C-V2X)-based technology. 
Specifically, the Commission adopts technical and operational rules 
governing devices using C-V2X-based technology, eliminates the DSRC 
requirement for communications zone designations, finalizes the 
timeline for sunsetting the use of DSRC-based technology, addresses the 
issue of additional spectrum allocations for ITS use, addresses the 
issue of reimbursing the transition costs of DSRC incumbents, and 
encourages the development of industry standards.

DATES: This final rule is effective February 11, 2025. Existing 
licenses for DSRC systems may be renewed as necessary following this 
effective date but only for a period not to exceed December 14, 2026.

FOR FURTHER INFORMATION CONTACT: Jamie Coleman of the Office of 
Engineering and Technology, at [email protected] or 202-418-2705.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Report and Order, ET Docket No. 19-138, FCC 24-123, adopted on November 
20, 2024, and released on November 21, 2024. The full text of this 
document is available for public inspection and can be downloaded at 
https://docs.fcc.gov/public/attachments/FCC-24-123A1.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).

Procedural Matters

    Regulatory Flexibility Act. The Regulatory Flexibility Act of 1980, 
as amended (RFA), requires that an agency prepare a regulatory 
flexibility analysis for notice and comment rulemakings, unless the 
agency certifies that ``the rule will not, if promulgated, have a 
significant economic impact on a substantial number of small 
entities.'' Accordingly, we have prepared a Final Regulatory 
Flexibility Analysis (FRFA) concerning the possible impact of the rule 
changes contained in the Second Report and Order on small entities. The 
FRFA is set forth in Appendix B of the FCC document, https://docs.fcc.gov/public/attachments/FCC-24-123A1.pdf.
    Congressional Review Act. The Commission has determined, and the 
Administrator of the Office of Information and Regulatory Affairs, 
Office of Management and Budget concurs, that this rule is ``major'' 
under the Congressional Review Act, 5 U.S.C. 804(2). The Commission 
will send a copy of this Second Report and Order to Congress and the 
Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).

Synopsis

Introduction

    The Intelligent Transportation System (ITS) holds promise to 
improve transportation safety and mobility by integrating advanced 
communications technologies into vehicles and infrastructure. The 
connected vehicle ecosystem of the future will make the nation's 
transportation system more flexible, resilient, and safe. This 
ecosystem requires technical and operational rules governing devices 
using C-V2X (cellular-vehicle-to-everything) based technology. In the 
First Report and Order of the Federal Communications Commission's (FCC) 
proceeding, 86 FR 23281 (May 1, 2021), the Commission retained the 
upper 30 megahertz portion (5.895-5.925 GHz) of the 5.850-5.925 GHz 
(5.9 GHz) band for ITS operations. The Commission also required the ITS 
service to transition from Dedicated Short Range Communications (DSRC)-
based technology to C-V2X-based technology as the connected mobility 
platform for implementing the future of ITS communications in the 
United States. In the Second Report and Order, the Commission further 
addresses the transition of 5.9 GHz ITS operations from DSRC to C-V2X 
by codifying C-V2X technical parameters in the Commission's rules, 
including band usage, message priority, and channel bandwidth. The 
Commission promulgates rules governing equivalent isotropically 
radiated power (EIRP) and out-of-band emissions (OOBE) limits for C-V2X 
on-board units (OBUs) and roadside units (RSUs), and antenna height 
limits for RSUs. In addition, the Commission encourages the development 
of industry standards and finalizes the timeline for sunsetting the use 
of DSRC-based technology. Finally, the Commission addresses the issues 
of additional spectrum allocations for ITS use and reimbursing the 
transition costs of DSRC incumbents.

Background

    The Commission adopted the First Report and Order in 2020, wherein 
it concluded that the most efficient use of the 75 megahertz of 
spectrum in the 5.9 GHz band would be achieved by expanding unlicensed 
operations in the lower 45 megahertz of the band (5.850-5.895 GHz), and 
designating the upper 30 megahertz of the band (5.895-5.925 GHz) for 
the ITS service using C-V2X technology. Among other considerations, the 
Commission made this decision because (1) the DSRC services once 
contemplated for operations across the full 5.9 GHz band

[[Page 100839]]

had not come to fruition in the 20 years since it allocated the 
spectrum for the ITS service; (2) those envisioned vehicle-safety 
features can be or are already being provided using other spectrum 
bands or alternative technology; and (3) the significant public 
interest benefits of adding 45 megahertz of Unlicensed National 
Information Infrastructure (U-NII) spectrum to enable the next-
generation Wi-Fi, which operates on wider channels and allows gigabit 
connectivity with lower latency, improved coverage, and power 
efficiency. To protect incumbent 5.9 GHz band services, including 
federal incumbent operations, from potential harmful interference from 
unlicensed operations, the Commission imposed stringent power limits 
and operating requirements on unlicensed devices (i.e., access points, 
subordinate devices, and client devices) operating in the lower 45 
megahertz and restricted unlicensed use of the lower 45 megahertz to 
indoor locations. As the First Report and Order determined that the 
operators in the revised ITS band must use C-V2X technology, the 
Further Notice of Proposed Rulemaking (FNPRM), 86 FR 23323 (May 6, 
2021), sought comment on further transition issues and proposed rules 
to finalize the technical parameters for C-V2X operations and the 
timing of when operations must transition from the DSRC technology. 
Although the FNPRM sought comment on the possibility for full-power 
outdoor unlicensed operations across the lower 45 megahertz portion of 
the 5.9 GHz band, those unlicensed operations issues are not addressed 
in the Second Report and Order. In an Order on Reconsideration, 89 FR 
24835 (April 9, 2024), the Commission affirmed its decision in the 
First Report and Order to repurpose the lower 45 megahertz for indoor 
unlicensed operations and rejected various arguments regarding indoor 
unlicensed devices' potential to cause harmful interference to ITS 
operations in the upper 30 megahertz.
    Recently, the Office of Engineering and Technology (OET), the 
Public Safety and Homeland Security Bureau (PSHSB), and the Wireless 
Telecommunications Bureau (WTB) (hereafter, ``the Bureaus'') granted 
rule waivers to parties requesting to deploy C-V2X operations in the 
upper 30-megahertz portion of the 5.9 GHz band (5.895-5.925 GHz) prior 
to adopting final C-V2X-based technical rules. Specifically, each 
waiver applicant sought waivers for rule sections that establish the 
technical requirements mandating DSRC-based technology in the upper 30 
megahertz of the 5.9 GHz band, to allow C-V2X-based operations in the 
band, and to provide adjustments to the technical parameters where the 
two technologies differ. The Bureaus found that waiving those rules was 
warranted under 47 CFR 1.925, subject to the waiver applicants' 
commitments to adhere to certain technical parameters and conditions 
developed to protect DSRC and federal incumbents from potential harmful 
interference caused by C-V2X operations in the upper 30 megahertz. All 
C-V2X operations pursuant to a waiver are limited to transportation and 
vehicle-safety related communications. Finally, the granted waivers 
were conditioned on the requirement that each waiver recipient would 
ensure that all operations and devices authorized under the waiver 
would comply with the final rules or other guidance provided by the 
Commission.

Discussion

    In the Second Report and Order, the Commission finalizes rules 
concerning band usage, message prioritization, channel bandwidth, 
communications zones, power for RSUs and OBUs, and OOBE limits for C-
V2X operations, along with other transition issues, including the 
transition timeline. Additionally, the Commission reaches several 
conclusions related to the incorporation of standards, the allocation 
of additional spectrum for ITS, and compensation to incumbents. The 
decisions in this document will not only promote the efficient use of 
30 megahertz of spectrum dedicated to ITS but also the safety benefits 
this technology promises to deliver to the American public.
    DSRC is defined in the Commission's rules as the use of radio 
techniques to transfer data over short distances between roadside and 
mobile units, between mobile units, and between portable and mobile 
units to perform operations related to improving traffic flow, traffic 
safety, and other ITS applications in a variety of environments. DSRC 
systems may also transmit status and instructional messages related to 
the units involved. Currently, local government entities and entities 
eligible for Industrial/Business Pool licenses are eligible to operate 
RSUs using DSRC, while OBUs in vehicles are licensed by rule. The 
existing DSRC rules lay out a hierarchical priority system for 
messages. Communications involving safety of life have priority access 
over all other DSRC communications. Communications involving public 
safety have the next highest priority, with a presumption that RSUs 
operated by State or local governmental entities are engaged in public 
safety communications. The lowest tier in this communications hierarchy 
are non-priority communications, which include all other communications 
not related to safety of life or public safety.
    As stated in the FNPRM, the Commission's goal is to facilitate a 
smooth transition from DSRC-based operations to C-V2X-based operations. 
Accordingly, the Commission must address the need, if any, to adopt 
requirements analogous to existing DSRC requirements that would 
similarly govern C-V2X operations in the 5.895-5.925 GHz band. The 
Commission now addresses the technical issues necessary to ensure 
efficient and effective use of the band.

C-V2X Standards

    In the 5.9 GHz NPRM, 85 FR 6841 (February 6, 2020), the Commission 
proposed to incorporate by reference into the Commission's rules the 
3rd Generation Partnership Project (3GPP) C-V2X standard Release 14. 
The Commission did not receive significant comment on this issue. After 
the release of the 5.9 GHz NPRM, 3GPP announced the completion of 
Release 16, which includes enhanced 5G network capabilities. 
Accordingly, the FNPRM sought further comment on how the Commission 
should handle standards with respect to C-V2X. Specifically, the 
Commission asked whether either 3GPP C-V2X standard Release 16 or 
Release 14, in whole or in part, should be incorporated into its rules; 
whether Release 14 should be incorporated initially with an eventual 
transition to Release 16; or whether there is a compelling argument for 
not incorporating either standard into the rules.
    Comments received in this regard suggest a variety of approaches to 
the issue. T-Mobile disputes the need for a general incorporation, 
stating that ``referencing specific 3GPP releases in the rules [would] 
quickly make them outdated and stifle innovation by freezing 
technologies in place, instead of allowing them to evolve naturally to 
satisfy customer needs and reflect innovation.'' The Institute of 
Transportation Engineers (ITE) expresses similar views, suggesting that 
the Commission refrain from incorporating by reference any one 
particular standard, instead allowing industry to test and evaluate the 
technology and applicable standards without imposing a regulatory 
ceiling. Further, ITE asserts that the

[[Page 100840]]

Commission's question regarding a phased-in approach where it would 
adopt Release 14 now and replace it with Release 16 later does not 
correctly characterize the actual technology implementation process. 
Rather, ITE indicates that the 5G equipment based on Release 16 would 
enhance and complement Release 14 Long Term Evolution (LTE) operating 
equipment and Release 14 equipment would likely remain in use even 
after Release 16 becomes dominant. Other commenters find merit in 
incorporating standard(s) references in some manner. 5G Americas, for 
example, citing the ongoing technology evolution, asks the Commission 
to generally refer to 3GPP releases covering C-V2X, instead of 
``cementing a specific 3GPP release.'' While skeptical that C-V2X can 
be sufficiently realized on the allocated spectrum, AT&T nonetheless 
suggests, without further specificity, that ``the Commission should 
incorporate by reference those portions of both Release 14 and Release 
16 that are relevant to C-V2X, giving ITS band users sufficient 
latitude to innovate.'' Autotalks indicates that ``Releases 14, 15, and 
16 are non-interoperable'' and it supports incorporating by reference 
``explicit'' C-V2X releases to assure ``wide-scale interoperability.''
    Based on the record before the Commission, the Commission is not 
incorporating by reference any one particular standard. The Commission 
encourages industry to develop a consensus concerning 3GPP releases 
covering C-V2X. The Commission believes this approach is necessary due 
to the constantly evolving nature of both 3GPP standards and the 
functionality of C-V2X. As stated by ITE, new testing will undoubtedly 
lead to changes or enhancements to the applicable standards-and being 
held to a regulatory ceiling by imposing a particular standard may cap 
the potential of future C-V2X applications. The Commission's focus in 
the proceeding is to set objective performance expectations for C-V2X 
technology but let industry come to a consensus on the technology 
standard that should be applicable to C-V2X moving forward. Given the 
broad record support for not incorporating any one particular standard, 
the Commission will thus provide industry the flexibility to develop a 
technology standard that fits within the technical bounds prescribed in 
this document.
    In making this decision, the Commission reiterates its commitment 
to vehicle safety and the need for all vehicles that incorporate C-V2X 
technology to have the capability to successfully communicate with each 
other. Although the Commission is not mandating a particular standard 
through incorporation by reference, the Commission expects that the 
industry will ensure that all equipment, regardless of manufacturer or 
vehicle integrator, is interoperable and that future iterations of 
equipment based on evolving standards will be forwards and backwards 
compatible to ensure that C-V2X technology delivers the expected safety 
benefits to the American public.
    Finally, the Commission recognizes that safety-related wireless 
devices and services need to be secure to protect user privacy and 
ensure efficient and timely delivery of the intended safety service. 
The Commission prioritizes cybersecurity and privacy of consumer 
communications through rulemaking and other activities. In addition, 
cybersecurity and privacy actions specific to connected vehicles are 
the focus of ongoing actions at the U.S. Department of Transportation 
(U.S. DOT) with its C-V2X acceleration plan and at the U.S. Department 
of Commerce's Bureau of Industry and Security with its proposed ban on 
the sale or importation of connected vehicles integrating specific 
pieces of hardware and software, or separately sold components, with a 
sufficient nexus to the People's Republic of China or Russia. 89 FR 
79088 (Sept. 26, 2024). The Commission expects that equipment 
manufacturers implementing C-V2X technology will comply with existing 
standards and best practices and collaborate with the automotive 
industry to develop new guidance, standards, and best practices that 
consider cybersecurity and privacy concerns to improve the C-V2X 
security posture. The FCC will continue to monitor and engage with 
federal and private sector partners on these vital issues.

Band Usage

    The Commission's existing ITS rules lay out a hierarchical priority 
system for messages. In the FNPRM, the Commission sought comment on 
whether to retain the message priority hierarchy for C-V2X deployment 
and whether the 5.895-5.925 GHz band should be limited to non-
commercial services or safety-of-life applications, and if so, how such 
a restriction could be implemented. In this regard, the Commission 
noted that because the stated purpose of ITS is to promote safety, it 
was inclined to retain this message prioritization system in the rules 
to help ensure successful transmission of the most important messages. 
The Commission asked how ``safety-of-life'' should be defined, how 
appropriate applications should be delineated, and whether such a 
limitation could be established via changes to the licensee eligibility 
requirements. Additionally, the Commission asked how the priority 
requirement would work in the C-V2X environment and whether the 
priority determination should continue to be associated with the type 
of licensee or a more granular approach that considers the type of 
message. As noted above, all C-V2X operations pursuant to the recently 
granted waivers are limited to transportation and vehicle-safety 
related communications.
    Several commenters state that the upper 30 megahertz (5.895-5.925 
GHz) of the 5.9 GHz band should be limited to safety-of-life or non-
commercial applications. In its comments, Auto Innovators states that 
safety-of-life messages should always have priority when competing for 
spectrum with other types of messages and that the Commission should 
retain its three-tier message priority hierarchy. The Motor and 
Equipment Manufacturers Assoc. (MEMA) also states that the Commission 
should retain its existing message priority hierarchy, given the need 
to ensure that the most important messages are successfully transmitted 
over less critical messages. Robert Bosch LLC (Bosch) comments that a 
hierarchical priority system is necessary to ensure safety-of-life 
messages. Therefore, Bosch states that the FCC should preserve the 
safety-of-life/public safety/non-priority framework for message 
prioritization. Bosch recommends that the Commission allocate a 
dedicated portion of the 30 megahertz to safety-of-life messages, which 
would help ensure uninterrupted transmission of related messages. Bosch 
claims that the remainder of the band could be used for both safety-of-
life messages and/or advanced safety services, thereby reducing the 
risk of interference, while mitigating high channel load scenarios. 
However, Bosch states that advanced safety messages that are not 
strictly safety-of-life can also provide notable safety benefits as 
well as improved efficiency. For example, Bosch contends that vehicle 
platooning or timed vehicle intersection movement can be viewed as 
beneficial functionalities within the transportation sector. Bosch 
expressed agreement with the Alliance for Automotive Innovation that 
the Commission should not overly restrict operations in the upper 30 
megahertz to only safety-of-life operations and that it is critical for 
the Commission to recognize the importance and value of

[[Page 100841]]

additional functions, such as vehicle platooning, that require use of 
the spectrum.
    Responding to the Commission's request that commenters address the 
need for granularity in the three-tier message priority hierarchy, MEMA 
states that, utilizing the existing framework, any messages that could 
reduce the risk of an accident should receive priority over other 
messages. For instance, MEMA mentions that public safety messages 
should defer to safety-of-life messages, while messages that strictly 
relate to traffic congestion, efficiency, or other non-safety issues 
should only be transmitted when there is little risk of harmful 
interference. On the other hand, MEMA asserts that commercial 
operations should be permitted in the ITS band because a prohibition on 
commercial operations ``will further disincentivize continued 
innovation in V2X applications'' and, in any case, the distinction 
between ``commercial'' vs. ``non-commercial'' services is undefined in 
this context. AT&T suggests that the Commission should limit the ITS 
band to non-commercial applications and services that promote road 
safety, but allow the U.S. DOT to define specific road-safety related 
applications and services that qualify for use in the 5.895-5.925 GHz 
band. New America's Open Technology Institute (OTI) and Public 
Knowledge (PK) state that prohibiting commercial activity on the upper 
30 megahertz would be consistent with the auto industry's repeated 
insistence on the critical need for additional spectrum for public 
safety and collision avoidance purposes. Similarly, DSA questions the 
automotive industry's claims that 30 megahertz is an insufficient 
amount of spectrum for vehicular safety applications while it also 
advocates for the ability to use that same 30 megahertz to support 
commercial, non-safety applications and services. OTI/PK also state 
that if the Commission does not prohibit commercial use, it would be 
creating an incentive for both the auto and mobile industries to 
underinvest in potential safety-of-life signaling applications in favor 
of commercial applications that are quicker to monetize. OTI/PK 
``continues to believe that requiring licensees to use public safety 
spectrum exclusively for public safety best serves the public interest 
and avoids any potential conflict between maximizing safety and 
maximizing profit.''
    The Intelligent Transportation Society of America (ITS America) 
argues that spectrum use questions have traditionally been decided by 
groups that construct standards for these technologies--namely, the 
U.S. DOT, SAE International, or the Institute of Electrical and 
Electronics Engineers (``IEEE''). ITS America asserts that these groups 
have appropriately balanced the primacy of safety-of-life applications 
and the possibility of commercial applications that could incentivize 
V2X on-board unit deployment in private vehicle fleets. ITS America 
contends that OTI/PK's suggestion to limit use of the 5.895-5.925 GHz 
band to safety-of-life and public safety communications would 
materially deter V2X investment and deployment, thereby limiting the 
number of vehicles utilizing V2X safety measures. NCTA--The internet & 
Television Association (NCTA) contends that it is unfair to allow 
licensees to gain access to valuable spectrum without an auction. AT&T 
states that limiting use of the spectrum to non-commercial applications 
and services would prevent undue commercial gain from those deploying 
C-V2X and allow the range of operations needed to improve road safety. 
ITE and ITS America join MEMA in arguing that it is impractical to try 
determining which applications are safety-of-life for the purposes of 
restricting the use of the spectrum.
    Given that the ITS remains focused on integrating radio-based 
technologies to enhance the transportation and vehicular-safety related 
ecosystem, the Commission agrees with those commenters that argue C-V2X 
operations should be governed by a prioritization system that is 
similar to the hierarchical system currently in place for DSRC. Thus, 
safety-of-life messages have top priority, followed by public safety 
communications, and then non-priority communications that promote road 
safety and efficient, effective road use. The Commission disagrees with 
commenters such as OTI/PK who state that allowing non-priority 
communications in the band could lead to underinvestment in safety-of-
life applications. The Commission also disagrees with commenters such 
as Bosch that the Commission allocate a dedicated portion of the 30 
megahertz to safety-of-life messages. Given that the Commission is 
prioritizing safety-of-life and public safety usage, the Commission 
expects that C-V2X operators will focus their efforts on applications 
within this range in order to effectively utilize the 30 megahertz of 
spectrum made available to them in this document. The Commission adopts 
C-V2X rules that reflect the existing DSRC message prioritization 
hierarchy as follows (in order of precedence): safety-of-life, public 
safety, and non-priority communications.
    Based on the record in the FCC's proceeding, the Commission 
believes that the communications prioritization hierarchy will ensure 
that the ITS spectrum is not being used for communications and 
applications that would impair the timely and reliable use of the 
spectrum for safety of life and public safety communications. As a 
practical matter, the Commission's decision to adopt a prioritization 
system for C-V2X communications and the high priority to which safety-
of-life and public safety usage messages are entitled will limit the 
extent to which other type of applications (such as those supporting 
paid advertising and marketing messages) can be effectively developed 
and deployed. The Commission notes that the distinction between 
``commercial'' and ``non-commercial'' remains undefined in the C-V2X 
context, and find limited information in the record to help the 
Commission craft a meaningful and readily applicable definition at this 
time. The Commission further notes that there is fundamental 
disagreement in the record as to whether such a distinction would be 
helpful or harmful to the realization of C-V2X's fundamental safety-
related objectives. Finally, there is no ``commercial'' component to 
the definition the Commission adopts for C-V2X, which is limited to 
operations ``related to the improvement of traffic flow, traffic 
safety, and other Intelligent Transportation System applications.'' 
Given the evolving nature of the C-V2X technology integration, the 
Commission will continue to assess how the C-V2X technology in the 
upper 30 megahertz develops and promotes safety-of-life applications 
and public safety services and whether a further change to the band 
usage would maximize the spectrum usage without compromising the 
intended safety purposes to be supported by the 5.9 GHz band.
    The Commission also sees no reason to modify the structure by which 
C-V2X licenses are licensed under parts 90 and 95 of its rules, 
notwithstanding NCTA's contention that the value of the spectrum 
warrants use of an auction process unless the spectrum's use is 
restricted to safety-of-life services. As an initial matter, RSU/OBU 
licenses are issued on a non-exclusive basis and the Commission sees no 
need to revise that approach based on the record here. Because the 
Commission's RSU/OBU licensing process does not contemplate the 
acceptance of mutually exclusive applications, there is no basis to use 
an auction process. The Commission also

[[Page 100842]]

sees no reason to deviate from the history of this band that supported 
the prior DSRC licensing process. Under the Transportation Equity Act 
for the 21st Century, Public Law 105-178, 112 Stat. 107 section 5206(f) 
(1998), Congress directed the Commission to consider the spectrum needs 
for ITS. The subsequent allocation of the 5.9 GHz band was made based 
on a finding that DSRC applications would be a key element in meeting 
the nation's transportation needs and improving highway safety. 
Additionally, in the DSRC Report and Order, 64 FR 66405 (November 26, 
1999), the Commission decided against an auction requirement for ITS 
licensees, as users would already be subject to licensing and 
regulatory fees.

Channel Bandwidth

    In the FNPRM, the Commission proposed a ``light touch'' regarding 
C-V2X channel bandwidth, essentially retaining the remaining portion of 
the ITS band plan in place for the legacy DSRC technology beyond the 
transition to C-V2X-based technology. In this regard, the Commission 
described ``the existing ITS band plan'' in the upper 30 megahertz as 
containing three, 10-megahertz DSRC channels: channels 180, 182, and 
184 corresponding to 5.895-5.905 GHz, 5.905-5.915 GHz, and 5.915-5.925 
GHz, respectively. Channels 180 and 182 can be combined into channel 
181 (5.895-5.915 GHz) to provide a single 20-megahertz channel. In the 
FNPRM, the Commission sought comment on whether this band plan, 
specifying three 10-megahertz channels, inter alia, should apply to C-
V2X operations. Specifically, the Commission asked whether the band 
plan should continue to accommodate combining two channels into a 
single 20-megahertz channel; whether channels 182 and 184 should be 
permitted to be combined into a single 20-megahertz channel; and 
whether all three channels should be permitted to be combined and used 
as a single 30-megahertz channel. The Commission further asked what 
consequences any of these channel bandwidths would have on C-V2X 
deployment and adoption and how a completely flexible band plan versus 
a prescriptive band plan would affect the ability of C-V2X technology 
to maximize efficient and effective use of the band. In this regard, 
the Commission urged commenters to provide sufficient detail regarding 
their preferred band plan and how such a plan could work with C-V2X and 
all other operational and technical rules being addressed, such as 
power limits and out-of-band emissions limits.
    Some commenters state that the Commission should refrain from an 
overly prescriptive plan and instead allow C-V2X operators to utilize 
the upper 30 megahertz in a flexible manner. Other commenters state 
that C-V2X channelization issues should be determined by the 
transportation industry. Arguing for maximum flexibility, AT&T cites 
the continued evolution of C-V2X and states that the Commission should 
continue to allow ``10 MHz channels and, through their aggregation, 
wider 20 MHz and 30 MHz channels.'' The Utah Department of 
Transportation (UDOT) similarly echoes the desire for the band plan to 
continue to accommodate combining two 10-megahertz channels into a 
single 20-megahertz channel for C-V2X. The Motor Equipment and 
Manufacturers Association (MEMA) argues for retaining the existing ITS 
30-megahertz band plan following the transition to C-V2X, saying that 
``by retaining separate channels within the ITS band, licensees can 
better support safety-of-life use cases which rely on more stringent 
requirements in terms of safety, security, prioritization, and resource 
availability.''
    Given the Commission's preference for a light touch to minimize 
disruption to ongoing transition activities, the Commission will 
continue to provide for 10-megahertz channel bandwidths, resulting in 
three channels: 5.895-5.905 GHz, 5.905-5.915 GHz, and 5.915-5.925 GHz, 
respectively. The Commission will allow users to combine the 10-
megahertz channels into 20 megahertz contiguous channels or a single 
30-megahertz channel without restriction, thus accommodating various 
ITS applications and services. Additionally, because the current 
channel number designations reflect the original DSRC band plan and 
related standards, such designations are not relevant to C-V2X and the 
Commission therefore do not assign channel number designations to the 
10-megahertz bandwidths in the C-V2X rules adopted in this document. 
This band plan will provide maximum flexibility to enable the ITS 
industry, which is in the early stages of implementing C-V2X systems, 
to evolve and modify operations as necessary to use the band in the 
most efficient way possible to deliver safety applications to the 
American public.

Communications Zones

    The 5.9 GHz band ITS spectrum is shared and licensed in non-
exclusive geographic areas based on geo-political boundaries. To 
maximize the use within this shared spectrum, the Commission's rules 
require that each registered RSU designate its intended area of 
operation or ``communications zone'' and that such communications zones 
be the smallest necessary. Under the rules, a communications zone is 
defined as the service area associated with an individual fixed RSU. 
The communications zone radius is derived from the RSU equipment class 
specified in 47 CFR 90.375. In the FNPRM, the Commission proposed to 
retain the ``communications zone'' designations currently in the rules 
and require RSUs to specify their intended zone, believing this would 
maximize spectrum use among all users, continue to ensure that stations 
only cover their intended area, and provide opportunities for other 
licensees to install RSUs for other nearby areas without mutually 
interfering. The Commission asked commenters to address whether the 
current communications zone distance limits should be retained without 
change, modified, or eliminated. The Commission also sought comment on 
what effect any proposed changes would have on the ability for C-V2X to 
deploy new systems and continue operating into the future. The 
Commission also sought comment on whether it should continue to specify 
both transmitter output power and radiated power levels for 
communications zones.
    In response, 5GAA states that, while DSRC technology theoretically 
was required to utilize RSU communications zones to manage congestion, 
use of communications zones did not occur in practice, and C-V2X does 
not require a similar mechanism for congestion control. 5GAA recommends 
revisions to 47 CFR 90.375 and 90.377 of the rules to remove references 
to communications zones and the associated output power limits. 
Furthermore, as noted in this document, the Bureaus recently granted 
waivers to parties requesting to deploy C-V2X operations in the upper 
30-megahertz portion of the 5.9 GHz band (5.895-5.925 GHz) prior to 
adopting final C-V2X-based rules. Notably, C-V2X waiver applicants did 
not specify communications zones in their waiver requests and requested 
waiver of that rule section. Consequently, as part of those grants, the 
Bureaus permitted C-V2X RSUs and OBUs to operate with a 33 dBm EIRP and 
without transmitter output power limits. Waiver grant recipients are 
not required to designate communications zones or limit their 
transmitter output power or EIRP for designated communications zone 
sizes in their areas of operation.
    The Commission finds that retaining the existing communications 
zone construct is unnecessary as ITS evolves

[[Page 100843]]

from DSRC to C-V2X technology. Based on information contained in the 
record indicating that DSRC operations did not utilize communications 
zones to manage congestion and that C-V2X operations do not require 
such a mechanism to manage congestion, along with the fact that no C-
V2X waiver applicants requested communications zone designations, the 
Commission concludes that the communications zone definitions, 
designations, and associated reduced power limits are unnecessary to 
manage congestion control in C-V2X operations. Thus, the C-V2X rules 
adopted herein do not include communications zone requirements. See the 
Final Rules, 47 CFR 90.7, 90.375, 90.377 for these rule changes.

C-V2X Technical Requirements

Power and Antenna Height Limits for C-V2X Roadside Units (RSUs)
    Power. The Commission's current DSRC rules specify the maximum 
radiated RSU power permitted on each channel, ranging generally from 23 
dBm to 33 dBm, but permitting State and local government entities to 
radiate at higher levels on the control channel (channel 178) at up to 
44.8 dBm and on the public safety priority channel (channel 184) at up 
to 40 dBm. In the FNPRM, the Commission sought comment on what RSU 
power levels should be associated with each communications zone, 
channel, and user under the modified ITS band plan, and whether the 
rules should continue to permit higher radiated power for State and 
local government entities or be consistent among all users as a way of 
maximizing spectrum use and controlling potential harmful interference 
between users. The Commission sought comment on whether RSU radiated 
power should be limited to 23 dBm as specified for some channels, 33 
dBm as specified for others, or some other value, such as permitting 
higher power on a control channel; whether the rules should continue to 
specify both output power (power delivered to the input of the 
transmitting antenna) and radiated power levels for communications 
zone/channel combinations, or whether it would be more appropriate to 
specify only a radiated power limit, and specify power as a power 
density (power per unit of frequency, commonly known as power spectral 
density (PSD)) to normalize power for wider bandwidth channels, if the 
use of such channels is still permitted; and whether compliance with 
the limits should be determined with a root mean square (RMS) detector 
(i.e., average measurement) or with a peak detector.
    5GAA recommends adopting a maximum 33 dBm EIRP without transmitter 
output power limits for C-V2X RSUs to promote more robust safety 
services and maximize the overall benefits of C-V2X safety services. A 
broad range of commenters support 5GAA's recommendation. Auto 
Innovators contends that raising the RSU EIRP limit in this manner 
would provide more flexibility to C-V2X operations. DENSO International 
America, Inc., on behalf of DENSO Corporation and its US affiliate 
(DENSO) supports a maximum 33 dBm EIRP for C-V2X RSUs to provide more 
protection from unlicensed device out-of-band emissions from the 
adjacent 5.850-5.895 GHz U-NII-4 band. 5G Americas supports 5GAA's 
recommendation for C-V2X RSU's in-band power limit because the proposal 
is consistent with 3GPP physical layer standards. In response to the 
5.9 GHz NPRM proposal, the National Telecommunications and Information 
Administration (NTIA) supported a maximum RSU EIRP limit of 33 dBm. In 
its comments on the Joint Waiver Parties C-V2X waiver request, which 
only specified the 5.905-5.925 GHz band, NTIA supported an RSU EIRP 
limit of 33 dBm over a 20-megahertz channel (33 dBm/20 MHz) at 5.905-
5.925 GHz, and then, in its October 2020 Technical Report, an RSU EIRP 
limit of 33 dBm in the lower 10-megahertz channel (33 dBm/10 MHz) at 
5.895-5.905 GHz. In its June 7, 2024 letter, NTIA further expressed 
support for the 33 dBm limit throughout the entire 30 megahertz. NTIA 
expressed agreement with the Commission's conclusion that requiring 
coordination for ITS RSU installations located within a section 90.371 
coordination zone is the best approach to facilitate sharing with 
federal systems. The Commission received no comments on whether it 
would be appropriate to specify the EIRP as a PSD, or whether 
compliance with the EIRP limits should be evaluated using RMS or peak 
measurements.
    After consideration of the record, the Commission adopts an EIRP 
PSD limit for C-V2X RSU operations, without any limit on the 
transmitter output power. Because the PSD limit will limit the overall 
EIRP, the Commission sees no need to also adopt a corresponding maximum 
EIRP limit. By specifying radiated power limits, without a transmitter 
output power limit, the Commission offers more flexibility for RSU 
stations to provide reliable service in a given coverage area, and 
enable licensees to select the most efficient and effective equipment 
parameters to meet their coverage requirements, while protecting 
incumbent federal radiolocation stations from harmful interference. An 
EIRP PSD limit will keep the power even across the channel to avoid 
RSUs concentrating energy in a narrow bandwidth, thereby keeping the 
harmful interference potential low, and promoting more efficiency/
higher data throughput by making the use of wider bandwidth channels 
more attractive when RSUs are transmitting. Although the Commission 
adopts these general limits, the Commission notes that if C-V2X RSUs 
are to be located within a coordination zone identified in 47 CFR 
90.387(b), they must first be coordinated with NTIA. As recommended in 
the NTIA letter and supported in the record, the Commission adopts a 33 
dBm/10 MHz, 33 dBm/20 MHz, and 33 dBm/30 MHz EIRP PSD limits for C-V2X 
RSUs These power levels will enable ITS systems to operate over their 
intended service areas and protect federal incumbent radar systems for 
any RSU location outside the coordination zones.
    Consistent with the measurement procedure for out-of-band emissions 
from unlicensed devices that operate in the 5.850-5.895 GHz (U-NII-4) 
and 5.925-6.425 GHz (U-NII-5) bands, the Commission permits compliance 
with the RSU EIRP limits to be determined using RMS measurements rather 
than requiring peak measurements. As the Commission has previously 
determined, RMS measurements are more appropriate to characterize a 
transmitter's operation because peak power may only be reached 
occasionally and for short periods of time, whereas RMS measurements 
represent the continuous power being generated from a device.
    Antenna height. The Commission's rules restrict DSRC RSU antenna 
height to limit their signals within their designated zones to the 
extent practicable. RSU antenna height is currently limited to 8 meters 
at full power and may be as high as 15 meters with a corresponding 
power reduction. In the FNPRM, the Commission sought comment on whether 
the existing RSU antenna height limitations in the rules are justified, 
if there are any reasons to permit higher antenna heights, and whether 
licensees should continue to be required to reduce their power for 
higher RSU antenna heights as a way of controlling coverage area and 
reducing the potential for harmful interference. In the C-V2X waiver 
grants noted in this document, the Commission requires compliance with 
the existing RSU antenna height limitation requirements.

[[Page 100844]]

    In its comments, 5GAA recommends that the Commission retain the 
existing RSU antenna height limitations and associated power reduction 
requirement for roadside antennas over 8 meters in height up to a 
maximum of 15 meters. DENSO contends that the power and antenna height 
issues require sufficient technical study and should be agreed to by 
all stakeholders because these technical requirements have a 
significant impact on V2X communication system performance and cost.
    The Commission agrees with 5GAA that the existing limitations on 
roadside unit transmitting antenna height and associated power 
reduction requirement for RSU transmitting antennas over 8 meters in 
height up to a maximum of 15 meters should be retained in the 
Commission's rules. These limitations have been successful in enabling 
coexistence within the band and preventing harmful interference between 
ITS DSRC operations and to other incumbent operations in the 5.9 GHz 
band while also enabling sufficient signal coverage over the localized 
areas being served by each RSU. Retaining the roadside antenna height 
limits and the associated power reduction requirements for antennas 
more than 8 meters in height will continue to provide a known spectral 
environment for C-V2X systems so that network designers can create 
efficient systems while reducing the potential for harmful interference 
with other ITS licensees and incumbents in the 5.895-5.925 GHz band. 
Thus, the Commission retains the roadside unit antenna height 
limitations and associated power reduction requirement currently 
specified in the Commission's rules. In instances where the maximum RSU 
EIRP must be reduced due to an antenna height greater than 8 meters 
above the roadway surface, the RSU PSD limits must be equivalently 
reduced.
Power Limits for C-V2X On-Board Units (OBUs)
    Under the Commission's part 95 rules, DSRC OBU transmitters 
operating in the 5.895-5.925 GHz band must comply with technical 
standard Institute of Electrical and Electronics Engineers (IEEE) 
802.11p-2010 for wireless access in vehicular environments. For 
vehicular and portable on-board units, IEEE standard 802.11p-2010 
specifies maximum transmitter output power (power supplied to the input 
of the transmitting antenna) limits ranging from 1 mW (0 dBm) to 760 mW 
(28.8 dBm), and maximum radiated power (EIRP) permitted on each channel 
ranging generally from 23 dBm to 33 dBm, but permitting State and local 
government entities to radiate at higher levels up to 44.8 dBm. In the 
FNPRM, the Commission sought comment on whether it should modify these 
power rules for application to C-V2X on-board units. The Commission 
proposed to limit C-V2X OBU transmitter output power to no more than 20 
dBm and EIRP to no more than 23 dBm, believing these power levels to be 
appropriate for C-V2X vehicular and portable devices. The Commission 
sought comment on whether it should increase the OBU EIRP limit to 33 
dBm and whether such an increase would affect the ability of C-V2X 
roadside units to co-exist with and protect federal radiolocation 
stations. Further, in this context, the Commission also reminded 
commenters of the need to simultaneously ensure that portable on-board 
units comply with the Commission's radiofrequency (RF) radiation 
exposure limits.
    In its comments, 5GAA recommends increasing the C-V2X OBU EIRP 
limit to 33 dBm and eliminating the transmitter output power limit 
requirement. A broad range of commenters support this 5GAA 
recommendation. Ford Motor Company (Ford) stated ``that the transmit 
power limit for OBUs should be specified only as an EIRP of 33 dBm RMS 
to provide broader coverage including emergency/public safety 
vehicles.'' Ford submits that ``an increased EIRP limit (achieved 
through a combination of higher transmit power and antenna gain) will 
allow C-V2X-OBU equipped vehicles to communicate more effectively among 
each other and with C-V2X RSUs. This additional flexibility can be 
useful to first responders and public safety vehicles in providing 
higher reliability and range for their safety critical needs (e.g., 
traffic light preemption).'' Auto Innovators similarly supports 5GAA's 
proposed power limits to provide more flexibility for C-V2X operations.
    Fiat Chrysler Automobiles supports swift adoption of 5GAA's 
proposed C-V2X service rules to facilitate deployment in the U.S. 5G 
Americas supports 5GAA's proposed C-V2X technical rules, including the 
OBU in-band power limit, because it is consistent with 3GPP physical 
layer standards. OTI/PK agree that the Commission should adopt 5GAA's 
proposal and authorize on board units to operate at up to 33 dBm, if 
feasible. Dynamic Spectrum Alliance (DSA), a global, cross-industry 
alliance focused on increasing dynamic access to unused radio 
frequencies and unlicensed usage proponent, supports 5GAA's request for 
OBUs to operate with a 33 dBm EIRP.
    In its reply comments, NCTA states that the 5GAA proposal would 
increase power tenfold without addressing NTIA guidance relating to the 
protection of radiolocation exclusion zones. Further, NCTA suggests 
that ``if the Commission determines that C-V2X OBUs can operate at such 
high power (i.e., up to 33 dBm) without the need for exclusion zones, 
it should also permit U-NII-4 devices to operate using at least the 
same power level without exclusion zones, as they would pose a 
significantly lower risk of potential harmful interference to federal 
radars than similarly powered C-V2X devices.''
    Subsequent to the comment period, 5GAA modified its original 
support for a general 33 dBm EIRP limit by suggesting that the 
Commission's rules should allow the OBU EIRP limits that were granted 
in the C-V2X waivers i.e., OBUs operating in the 5.905-5.925 GHz band 
may operate at 33 dBm EIRP, but not exceed 27 dBm EIRP within 5 degrees of horizontal. 5GAA states that OBUs that seek to 
operate at up to 33 dBm within 5 degrees of horizontal can 
implement a geolocation function to reduce their power to the 27 dBm 
EIRP level when operating near federal radar sites that require 
protection.
    In its Technical Report submitted in response to the 5.9 GHz NPRM, 
NTIA determined that OBUs operating at 23 dBm EIRP or less would not 
need to be coordinated to protect federal operations in the 5.905-5.925 
GHz band, thus providing an implied power limitation for non-NTIA 
coordinated ITS operations. Subsequently, in its comments on the Joint 
Waiver Request filing, NTIA supported a maximum 33 dBm OBU EIRP limit 
for the C-V2X operations in the 5.905-5.925 GHz band. However, to 
adequately protect the primary federal radiolocation services operating 
in the 5.9 GHz band during the period in which devices are operating 
under a waiver, NTIA requested that C-V2X OBUs be limited to 27 dBm 
EIRP within 5 degrees in elevation from the horizontal 
plane. The granted waivers limit OBU operations and power reduction 
conditions to the 5.905-5.925 GHz band, as requested by NTIA.
    On June 7, 2024, NTIA submitted a letter to the Commission 
providing additional information in response to the 5.9 GHz FNPRM. The 
NTIA letter addressed, among other things, the C-V2X OBU EIRP limits 
necessary for ``the protection of federal radiolocation systems.'' As 
the NTIA's OBU proposal, which was similar to the most recent 5GAA 
proposal, differed from the Commission's initial 5.9 GHz FNPRM

[[Page 100845]]

proposal, OET issued a Public Notice on June 11, 2024 inviting comment 
on the proposal. The NTIA proposal, as set forth in the OET Public 
Notice, would permit OBU devices to optionally incorporate geofencing 
techniques to protect federal radiolocation sites from harmful 
interference, while operating with higher power in otherwise unaffected 
areas. In sum, for geofenced devices, the Public Notice proposal would 
provide a 33 dBm EIRP PSD limit over the operating bandwidth in areas 
outside of coordination zones. Such devices would rely on a geofencing 
capability to limit the EIRP PSD to 23 dBm for operations that utilize 
the 5.895-5.905 GHz band within coordination zone areas and 27 dBm 
within 5 degrees of horizontal for coordination area 
operations that exclusively use the 5.905-5.925 GHz band. Geofenced 
devices operating in any portion of the 5.895-5.905 GHz band would have 
to abide by the ``worse-case'' 23 dBm limit if operating within the 
coordination zones. Devices that do not incorporate a geofencing 
capability would be required to meet the aforementioned restrictions at 
all locations.
    Additionally, NTIA asks that the Commission adopt specific 
compliance requirements to ensure geofencing capabilities are properly 
implemented. In this regard, NTIA suggests that manufacturers 
implementing a geofencing capability would need to specifically 
demonstrate and certify compliance of the capability within the FCC's 
equipment certification process specified in part 2 of the Commission's 
rules. Further, in the event that interference protection requirements 
are changed, resulting in updated protection zones, the device should 
include a mechanism to update the OBUs with new information within a 
reasonable timeframe.
    Comments filed in response to the Public Notice support the 
optional use of geofencing techniques. In its comments, the Intelligent 
Transportation Society of America (ITS America) states that it supports 
NTIA's proposal related to optional geofencing capabilities and 
appreciates the flexibility that the proposal provides to C-V2X 
operations with regards to power levels. ITS America further states 
that updating geofencing parameters for deployed devices poses 
challenges and will require collaboration among government and industry 
stakeholders to successfully implement. Auto Innovators also supports 
the use of geofencing techniques to enable operations at less 
restrictive EIRP levels.
    Support for geofencing techniques also came from additional 
commenters, including the 5G Automotive Association, the American 
Association of State Highway and Transportation Officials, the 
Institute of Transportation Engineers, and the Wireless Infrastructure 
Association. These commenters recommend the Commission define two 
distinct C-V2X channels, specifically focusing on the lower 10 
megahertz channel at 5.895-5.905 GHz and the upper 20 megahertz channel 
at 5.905-5.925 GHz. Doing so, they say, will ensure interoperability 
within the band. These commenters also request that the Commission 
adopt rules requiring C-V2X operators to look to the NTIA website for 
information on the location of coordination zones. Both the 
Commission's rules and the NTIA's comments in this document specify 47 
CFR 90.371(b) of the rules as the location of the coordination zones 
necessary to protect federal radiolocation systems. Lastly, these 
commenters also recommend including provisions in the rules that would 
require an OBU equipped with geofencing capability to lower its 
transmit EIRP to the appropriate level within 60 seconds of entering 
the power reduction zone.
    Based on consideration of the record, the Commission adopts power 
limit rules for C-V2X OBUs that provide for optional use of 
``geofencing'' techniques to allow the OBUs to operate at a higher 
radiated power in some locations. As the Commission has discussed, 
geofencing technique involves a radiofrequency device using a 
geolocation capability to determine whether its geographic coordinates 
are within a defined geographic area. In the instant case, 
``geofenced'' OBU devices would incorporate a geolocation capability to 
be aware of the appropriate protection areas around federal 
radiolocation sites. The OBUs would be programmed with the existing 
5.895-5.925 GHz band federal radiolocation sites' coordination zones 
(specified by geographic coordinates and a radius) to ensure that they 
operate with lower power levels within the protected areas. OBU 
equipment that does not incorporate this geolocation capability would 
be required to comply with the more restrictive OBU EIRP limit.
    Thus, reflective of NTIA's June 7, 2024 recommendation and to allow 
the maximum flexibility possible for C-V2X OBU operations while still 
protecting incumbent federal radar operations in the band from harmful 
interference, the Commission will permit C-V2X OBUs with geolocation 
capabilities to operate with up to the maximum 33 dBm/10 MHz, 33 dBm/20 
MHz, and 33 dBm/30 MHz EIRP PSD outside of a 47 CFR 90.387(b) 
coordination zone. Within the coordination zones, the following limits 
will apply: all operations that include use of the 5.895-5.905 GHz 
channel (i.e., 5.895-5.905 GHz, 5.895-5.915 GHz, and 5.895-5.925 GHz) 
are limited to a 23 dBm EIRP over the channel bandwidth; all other 
channels (i.e., 5.905-5.915 GHz, 5.915-5.925 GHz, 5.905-5.925 GHz 
operations) are limited to 33 dBm over the channel bandwidth, but must 
be reduced to 27 dBm over the channel bandwidth within 5 
degrees of horizontal in elevation. OBUs not equipped with geofencing 
capability will be limited to the power levels specified for operation 
within the coordination zones. Manufacturers incorporating geofencing 
capability for an OBU will need to specifically demonstrate and certify 
that the device implements the capability in a manner that complies 
with the requirements discussed herein when seeking an FCC Equipment 
Certification under part 2 of the Commission's rules. If geofencing 
locations and parameters are subsequently modified, a mechanism should 
be available such that OBUs can be updated with the new information.
    The Commission further declines to implement recommendations from 
parties responding to the Public Notice that the Commission re-
channelizes C-V2X operations into two distinct 10 megahertz and 20 
megahertz channels. As stated in the channel bandwidth section above, 
the Commission is providing maximum flexibility to enable the ITS 
industry to evolve and modify operations as necessary to use the band 
in the most efficient way possible to deliver safety applications to 
the American public. The Commission also declines these parties' 
recommendation that the Commission adopt rules requiring C-V2X 
operators obtain coordination zone information from NTIA's website. 
However, the Commission does support industry and government 
collaboration on additional means of obtaining this information. To 
that end, the Commission notes that NTIA has developed machine readable 
KML files for download from its website that can be used by C-V2X 
devices for determining if they are within a coordination zone. The 
Commission also declines to implement a 60-second EIRP adjustment 
requirement after an OBU enters a coordination zone. The rules require 
C-V2X devices to comply with the power limits for their location and 
manufacturers must ensure that devices operate such that they comply 
with the rules for their location. Thus,

[[Page 100846]]

a specific requirement, such as a 60-second adjustment period is not 
necessary.
    Although the rules the Commission adopts today permit OBUs to 
operate at up to 33 dBm (with geolocation capability), the Commission 
declines to grant similar power limits for U-NII-4 devices at this 
time. The Second Report and Order is focused solely on C-V2X operations 
in the 5.9 GHz band and issues related to U-NII-4operations as 
contemplated in the FNPRM remain pending. Although NCTA suggested that 
the Commission should simultaneously address U-NII-4 outdoor rules and 
C-V2X service rules, the record has not been sufficiently developed to 
address the interference dynamics to licensed operations from the 
outdoor U-NII-4 operations, including the federal radar operations. 
Application of the 2023 Policy Statement regarding the spectrum 
management will be considered when outdoor U-NII-4 operation is 
addressed.
Out-of-Band Emissions Limits for C-V2X Roadside Units and On-Board 
Units
    Under the Commission's part 90 and 95 rules, DSRC RSU and OBU 
transmitters operating in the 5.895-5.925 GHz band must comply with 
IEEE standard 802.11p-2010 for wireless access in vehicular 
environments. Under this standard, the applicable out-of-band emissions 
(OOBE) EIRP limits are:
     -16.0 dBm/100 kHz at the channel edge;
     -22.0 dBm/100 kHz at 1 megahertz from the channel edge;
     -30.0 dBm/100 kHz at 10 megahertz from the channel edge; 
and
     -40 dBm/100 kHz at 20 megahertz from the channel edge.
    In the recently granted C-V2X waivers, the Bureaus require C-V2X 
RSUs and OBUs to comply with these IEEE 802.11p-2010 OOBE limits.
    In the FNPRM, the Commission proposed that all C-V2X equipment 
limit OOBE measured at the antenna input (i.e., conducted limits) to:
     -29 dBm/100 kHz at the band edge;
     -35 dBm/100 kHz at 1 megahertz from the band 
edge;
     -43 dBm/100 kHz at 10 megahertz from the band 
edge; and
     -53 dBm/100 kHz at 20 megahertz from the band 
edge.
    The Commission also proposed to limit out-of-band radiated 
emissions to -25 dBm/100 kHz or less EIRP outside the 5.895 GHz and 
5.925 GHz band edges. The Commission sought comment on these proposed 
limits and whether they would continue to be appropriate for C-V2X 
equipment. Additionally, in the FNPRM, the Commission noted that 5GAA, 
in its comments to the 5.9 GHz NPRM, recommended the following C-V2X 
conducted OOBE limits for RSUs and OBUs:
     -16 dBm/100 kHz at 1 megahertz of the band 
edge;
     -13 dBm/MHz at 1 megahertz to  5 
megahertz of the band edge;
     -16 dBm/MHz at 5 megahertz to  30 
megahertz of the band edge; and
     -28 dBm/MHz beyond 30 megahertz from the band edges.
    The Commission sought comment on 5GAA's proposed limits, asking 
whether it should adopt those alternative OOBE limits; what effect 
those relaxed limits would have on the ability to design and 
manufacture C-V2X equipment; how they would affect equipment cost; and 
whether the limits would ensure compatibility with adjacent U-NII 
devices in both the U-NII-4 (5.850-5.895 GHz) and U-NII-5 (5.925-6.425 
GHz) bands, which are below and above the modified ITS band, 
respectively; and what effects those limits would have on adjacent band 
fixed services in the 6 GHz band. The Commission also sought comment on 
the measurement standards that should be associated with equipment 
approval for verifying that C-V2X equipment meets whatever OOBE limits 
it ultimately adopts.
    In response, 5GAA recommends that the Commission provide more 
flexibility for C-V2X operations by adopting the OOBE limits for RSUs 
and non-public safety OBUs that it had previously proposed. Their 
proposed limits are less restrictive than the OOBE limits the 
Commission proposed in the FNPRM and specified in the C-V2X waiver 
grants. For RSUs and non-public safety OBUs, 5GAA recommends that the 
Commission adopt the following conducted OOBE limits:
     -16 dBm/100 kHz at 1 megahertz of the band 
edge;
     -13 dBm/MHz at 1 megahertz to 5 
megahertz of the band edge;
     -16 dBm/MHz at 5 megahertz to 30 
megahertz of the band edge; and
     -28 dBm/MHz beyond 30 megahertz from the band edges.
    To help ``improve the performance and speed the delivery of 
critical C-V2X services to fire trucks, police vehicles, ambulances, 
and other public safety vehicles,'' 5GAA recommends that the Commission 
adopt the following conducted OOBE limits for OBUs operating from such 
vehicles:
     -10 dBm/100 kHz at the band edge linearly decreasing to -
26 dBm/100 kHz at 20 megahertz from the band edges;
     -16 dBm/MHz within 20 to 30 megahertz from the upper band 
edge and within -30 megahertz to -20 megahertz from the lower band 
edge; and
     -28 dBm/MHz beyond 30 megahertz from the band edges.
    A broad range of commenters support 5GAA's recommended C-V2X OOBE 
limits. 5G Americas supports adopting 5GAA's recommended OOBE limits 
because they are consistent with 3GPP physical layer standards. Auto 
Innovators urges the Commission to adopt 5GAA's recommended C-V2X OOBE 
limits, rather than the OOBE limits proposed in the FNPRM, because the 
more relaxed OOBE limits recommended by 5GAA would ``facilitate both C-
V2X's evolution and more robust safety services for travelers'' given 
V2X's reduced spectrum allotment. CNH Industrial America LLC urges the 
Commission to provide slightly more relaxed OOBE limits for safety 
messages transmitted in ``off-road'' rural areas. Qualcomm expresses 
support for 5GAA's recommended OOBE limits for RSUs and OBUs that 
operate in the upper 30-megahertz portion of the 5.9 GHz band. Fiat 
Chrysler Automobiles also supports 5GAA's recommended C-V2X service 
rules to facilitate deployment in the U.S. Ford expresses its belief 
that the power and emissions rules 5GAA specified in its comments on 
the FNPRM are essential.
    T-Mobile expresses support for technical rules for C-V2X operations 
that are based on 3GPP standards and potentially more permissive 
requirements if they are necessary to fully maximize C-V2X operations 
and are based on sound technical analyses. However, Autotalks urges the 
Commission not to adopt the 3GPP's C-V2X OOBE values because they are 
too strict, would be challenging to implement, require a filter in most 
systems that would increase costs, and add an insertion loss that would 
decrease the system reception sensitivity and communication range. 
According to Autotalks, 5GAA's recommended OOBE limits can be supported 
without adding a filter.
    On the other hand, NCTA--The internet & Television Association, 
argues that 5GAA's push for relaxed OOBE limits for C-V2X operations in 
the 5.895-5.925 GHz band threatens to undermine Wi-Fi across the 
country; those OOBE limits could erode reliance on Wi-Fi in the new U-
NII-4 band adjacent to C-V2X operations in the 5.895-5.925 GHz band. 
Instead of adopting 5GAA's recommended limits, NCTA recommends adopting 
the C-V2X

[[Page 100847]]

OOBE limits the Commission proposed in the FNPRM, claiming those limits 
are sufficient for C-V2X operations and support compatibility with 
adjacent U-NII operations. NCTA argues that the Commission should 
reject 5GAA's proposed OOBE limits because C-V2X advocates have failed 
to describe the impact of these more permissive levels on the 
Commission's goal of making the U-NII-4 and U-NII-5 bands a success for 
Wi-Fi service. In response, 5GAA asserts that the Commission should 
dismiss NCTA's assertion, which 5GAA characterizes as baseless both 
because it is made without any technical support and because unlicensed 
broadband communications inside buildings should not be impacted, much 
less undermined, by C-V2X operations occurring on roadways.
    Based on consideration of the record, the Commission adopts 5GAA's 
recommended set of OOBE limits for all RSUs and OBUs. The Commission 
declines to adopt different OOBE limits for public safety OBUs because 
there is not enough information in the record to justify how more 
relaxed OOBE limits for public safety OBUs can improve the performance 
of critical safety message delivery. Also, because of the wide variety 
of vehicles associated with public safety and uncertainty in whether 
they get outfitted with ITS equipment by the manufacturer or through 
aftermarket vehicle alterations, it would be administratively 
burdensome for entities within the supply chain, equipment integrators 
and installers, and agencies themselves to track different classes of 
OBUs for different vehicles. Furthermore, having a single class of OBUs 
would lower manufacturing costs as separate public safety and non-
public safety models are not necessary to design and build. Thus, 
consistent with the limits recommended by 5GAA, the Commission adopts 
the following conductive OOBE limits outside of the authorized 5.895-
5.925 GHz band for all RSUs and OBUs:
     -16 dBm/100 kHz within 1 megahertz of the band 
edges;
     -13 dBm/MHz within 1 megahertz to 5 megahertz of the band edges;
     -16 dBm/MHz within 5 megahertz to 30 megahertz of the band edges; and
     -28 dBm/MHz beyond 30 megahertz from the band edges.
    The OOBE limits the Commission is adopting are consistent with OOBE 
limits the Commission has previously adopted to protect operations in 
adjacent bands from harmful interference. These limits will provide 
equipment manufacturers and C-V2X operators with the flexibility to 
design, manufacture, and operate RSUs and OBUs, respectively, that will 
help ensure reliable service while protecting adjacent bands operations 
from harmful interference. Furthermore, the Commission does not expect 
that the OOBE limits will impact, much less undermine, unlicensed 
broadband communications inside buildings, as claimed by NCTA. The 
separation distance between 5.895-5.925 GHz band C-V2X transmitters 
operated on roadways and indoor unlicensed devices operating in 
frequency bands adjacent to the 5.895-5.925 GHz band, coupled with 
signal losses due to the angular antenna discrimination between the 
respective transmitting and receiving antennas, and building 
attenuation, will significantly reduce the power level of any C-V2X 
OOBE received by a receiver operating on an unlicensed basis.

Technology Transition

    In order to complete the transition to C-V2X technology in a timely 
manner, in the FNPRM, the Commission proposed that all ITS operations 
in the 5.895-5.925 GHz band either convert to C-V2X or cease operating 
two years after the effective date of this document. The Commission 
indicated that two years would be a sufficient timeframe to allow ITS 
supply chains to amass C-V2X equipment and to allow the remaining DSRC 
incumbents to sunset DSRC technology. The Commission asked commenters 
for input on various timeline-related issues, including the state of C-
V2X equipment development, whether supply chains could readily 
distribute such equipment, and whether vehicle manufacturers could 
install C-V2X equipment within the proposed two-year timeframe. 
Further, the Commission asked several questions related to the 
technical implications of C-V2X and DSRC operations occurring 
simultaneously in the 5.895-5.925 GHz band during the transition 
period. In this regard, the Commission asked whether any geographic or 
spectral separation requirements are necessary to ensure that 
simultaneous DSRC and C-V2X operations do not result in harmful 
interference and generally suggested that commenters address any 
transitional operation concerns in the context of any comments 
addressing technical parameters. Additionally, the Commission sought 
comment on how it should treat DSRC OBUs after the final transition 
date. The Commission asked commenters whether OBUs could be turned off 
by that date, whether they could be modified to become C-V2X compatible 
through hardware or software updates, whether the potential for harmful 
interference existed if DSRC OBUs continued to communicate after the 
final transition date, and whether the Commission should take 
affirmative steps to notify the owners of vehicles equipped with DSRC 
OBUs of the transition.
    Commenters generally expressed agreement with the Commission's 
proposal to mandate a two-year timeframe for DSRC incumbents to cease 
operations. In its comments, the UDOT states that the two-year 
timeframe is reasonable and adequate for most public agencies, but 
stipulates that the process to replace its existing DSRC system would 
make any timeframe shorter than two years unacceptable. Other 
commenters suggest that issues such as procurement, engineering, 
workforce training, testing, installation, and different budgetary 
concerns all necessitate a minimum timeframe of two years. In its reply 
comments, Hyundai states that an unreasonably short transition period 
could prematurely discontinue ongoing deployments and research projects 
or add an undue investment burden to entities that operate within 
tighter budgetary constraints. The Institute of Transportation 
Engineers, however, states that C-V2X testing and deployment should 
serve as the main influence on the length of the transition timeframe, 
rather than a strictly calendar view of the issue. MEMA suggests that, 
during the transition period, 20 megahertz should be dedicated 
exclusively to C-V2X, permitting DSRC operations on the remaining 10 
megahertz until the phase out is complete. MEMA suggests this proposal 
would reduce the chances of harmful interference occurring between DSRC 
and C-V2X operations during the transition.
    Given the time already elapsed since the Commission's decision to 
adopt C-V2X technology in the 5.9 GHz band, and the information 
provided in the record, the Commission believes that two years will 
provide sufficient time for incumbents, industry, and suppliers to 
sunset DSRC operations. The Commission believes this timeframe 
adequately allows public entities with longer budgetary timelines to 
procure compliant equipment and complete the sunsetting of DSRC. This 
two year period will commence on the Federal Register publication date 
of the rules adopted in the Second Report and Order. The Commission 
finds good cause to start the two-year DSRC sunset effective with this 
Federal Register publication of the Second Report and Order, rather 
than the effective date of

[[Page 100848]]

the rules, because the Commission has provided ample notice of the 
pending action and the intent to sunset DSRC operations. To effectuate 
this transition period, new licenses issued after the effective date of 
the final rules will only authorize C-V2X operations (not DSRC). 
Recognizing the Commission will need time to update Universal Licensing 
System (ULS) consistent with the new rules and policies here, the PSHSB 
and WTB are directed to issue licensing and filing guidance to 
licensees during the transition. Because of the lack of 
interoperability between DSRC and C-V2X operations and the issuance of 
multiple waivers allowing early C-V2X deployment, ceasing licensing of 
DSRC as of the effective date of these rules will prevent circumvention 
of the rules the Commission adopts here and ensure a timely transition. 
Moreover, the period of time between release of the Second Report and 
Order and the effective date of the rules provides additional time to 
finalize or modify any pending license applications. The Commission 
directs PSHSB and WTB to work with any prospective licensees with 
pending applications to ensure compliance with this timeframe. Existing 
licensees may use DSRC technology during the two-year transition period 
and may file RSU modification applications as necessary to continue 
operations during the transition period. The Commission delegates 
authority to PSHSB and WTB to issue a public notice, if necessary, 
detailing any filing requirements for licensees transitioning from DSRC 
to C-V2X operations. The Commission also makes conforming and non-
substantive edits to the Commission's rules that are necessitated by 
the decision to sunset DSRC technology in this document.
    Regarding waivers for deployment of C-V2X operations in the upper 
30-megahertz portion of the 5.9 GHz band (5.895-5.925 GHz), the 
Commission hereby terminates those waivers issued prior to adopting 
final C-V2X-based technical rules upon the effective date of the final 
rules adopted herein. The Commission directs PSHSB and WTB to implement 
any necessary license modifications in accordance with final rules. As 
to equipment authorizations granted pursuant to the same waiver 
authority, the Commission notes that the power limits and out-of-band 
emissions limits permitted under waiver authority are within those that 
the Commission adopted herein, with the exception of optional 
geofencing. Thus, the Commission does not expect that such devices 
would cause harmful interference and they may continue to be operated 
and marketed under their existing equipment authorizations if the 
authorization is received or in process (i.e., all required information 
has been provided to a Telecommunication Certification Body) as of the 
effective date of the final rules adopted herein. However, if any such 
devices are subsequently modified, the device must comply with all 
currently applicable rules, including those rules adopted herein.
    The Commission declines to dedicate 10 megahertz to DSRC operations 
during the transition, as MEMA suggests. Doing so would deprive C-V2X 
operators of the opportunity to utilize the full bandwidth made 
available through the FCC's proceeding during the transition, only to 
require additional modifications and filings at the end of the 
transition. Similarly, many existing DSRC devices would require 
modification in order to operate on a dedicated channel or cease 
operation on the C-V2X channels, an inefficient process given that any 
requirement would only be temporary. The Commission further notes that 
because most licensees provide the sole service within defined 
geographic areas, such licensees can provision their systems 
accordingly, if necessary, without a Commission imposed mandate. Thus, 
the Commission expects instances where C-V2X and DSRC operations may 
cause harmful interference to each other to be unlikely. In any event, 
if harmful interference does occur, under the Commission's rules, the 
later-filed licensee would be required to take any steps necessary to 
protect the incumbent.
    The Commission recognizes that there are existing DSRC OBUs that 
have been deployed and are currently in operation, many of which are 
operated on a licensed-by-rule basis. Commenters urge the Commission 
not to dictate a particular method of compliance with any transition 
deadline for OBUs. For example, the UDOT states that it would not be 
possible to turn off these units remotely, nor would such an operation 
be acceptable. UDOT further states that all of its DSRC OBUs will be 
replaced with C-V2X OBUs before the final transition date, with the 
replacement taking place at night to minimize service disruptions. The 
Commission anticipates that other OBU operators will likely follow a 
similar replacement strategy to replace DSRC OBUs with C-V2X OBUs, or 
cease to use DSRC OBUs altogether, consistent with the cessation of 
DSRC RSU operations. The Commission expects that any remaining DSRC 
OBUs are unlikely to present significant interference concerns because 
the opportunities for such devices to communicate with DSRC RSUs will 
be significantly reduced throughout the transition period and 
eventually eliminated, and the Commission believes that the continued 
operation of DSRC OBUs will be minimal. Consistent with stakeholders' 
calls for flexibility, while the Commission completes the sunset of 
DSRC operations, the Commission will provide flexibility in ceasing 
DSRC OBU operations. To assist licensees and operators, the Commission 
directs PSHSB and WTB to conduct outreach providing appropriate 
reminders and information to facilitate compliance with the DSRC sunset 
date.
    Finally, with respect to administrative issues associated with ITS 
station licenses during this transition, in the First Report and Order, 
the Commission modified all ITS licenses by eliminating authorization 
to transmit in the 5.850-5.895 GHz band (lower 45 megahertz), thus 
limiting authority to channels in the 5.895-5.925 GHz band (upper 30 
megahertz). The Commission also required those licensees to exit the 
lower 45 megahertz by a date certain and file a notification confirming 
their timely exit. Where licensees failed to timely transition out of 
the lower 45 megahertz and notify the Commission, those licenses 
terminated automatically (but operators may seek a new license if they 
wish to operate in the upper 30 megahertz). Today, the Commission 
adopts flexible channelization rules permitting any licensee to operate 
on any 10-megahertz channel (or aggregation of channels) in the upper 
band. In light of this flexible approach, going forward, the Commission 
will streamline its licensing mechanism to authorize each licensee to 
use the entire 30-megahertz band on all of its RSUs, following 
registration of those RSUs with the Bureaus.

Other Spectrum for ITS

    The Commission sought comment on whether, notwithstanding its 
determination that current safety-of-life services can continue to 
operate using 30 megahertz of spectrum, it should consider allocating 
additional spectrum for ITS applications. In this regard, the 
Commission directed commenters to provide specific information 
indicating why existing spectrum resources were inadequate and what 
specific safety benefits would result from additional spectrum 
allocations for ITS applications. Given that the Commission designated 
C-V2X as the sole technology for 5.9 GHz ITS applications, it also 
sought comment on how additional spectrum could be used to leverage C-
V2X and aid in its deployment.

[[Page 100849]]

    Commenters generally support the prospect of the Commission 
providing additional spectrum for C-V2X deployment. Some, such as 
University of Michigan Transportation Research Institute (UMTRI) and 
UDOT, take specific issue with the Commission's conclusion in the First 
Report and Order that the record supported that 30 megahertz of 
spectrum is sufficient to provide ITS basic safety functions, both 
current and those under consideration in the near future. The Institute 
of Transportation Engineers specifically states that it is ``important 
to note that advanced C-V2X applications, including those that rely on 
collective perception messages (CPM), maneuver coordination messages 
(MCM), and personal safety messages (PSM) will likely be lost.'' 
Multiple commenters echo this sentiment, collectively stating that if 
the Commission fails to provide additional mid-band spectrum for 
safety-of-life and advanced safety applications, the utility of C-V2X 
will be limited.
    Many commenters that dispute the need for additional spectrum 
express concerns that ITS advocates seeking additional spectrum under 
the guise of providing safety-of-life services in fact intend to use 
the additional spectrum for commercial, non-safety applications and 
services. OTI/PK, in their reply comments, raise this exact concern, 
stating that the Commission should ensure that it does not ``create 
incentives for the auto and mobile industries to preempt future safety 
mandates or needs by occupying ITS spectrum for commercial applications 
or services.''
    Commenters, such as 5GAA and the Alliance for Automotive 
Innovation, request that the Commission identify an additional 40 
megahertz of contiguous, mid-band spectrum for advanced V2X operations. 
Multiple commenters implore the Commission to convene a working group 
consisting of representatives from the U.S. DOT, NTIA, State 
departments of transportation, and the private sector to identify and 
validate additional spectrum for V2X services.
    The Commission concluded in the First Report and Order that the 30 
megahertz provided for ITS is sufficient to provide basic safety 
services consistent with the objectives for this technology and the 
Commission remains convinced that such spectrum is sufficient for that 
purpose without the need for additional spectrum. Moreover, given that 
the Commission is adopting a safety-of-life communication priority 
hierarchy in the FCC's proceeding, the Commission is confident that 
this spectrum will be preserved for those vital safety applications. As 
C-V2X deployments are only just beginning, the Commission encourages 
industry to fully test the bounds of the current spectrum allocation, 
the C-V2X technology itself, and the technical parameters the 
Commission prescribes in this document for its operation in order to 
reach a full consensus on whether there is a need for additional 
spectrum to support safety-of-life services. The Commission anticipates 
that industry testing, system optimization, and evaluation of the 
currently allotted spectrum will obviate the need for additional 
spectrum allocations to support basic safety services.

Compensation or Reimbursement for Transition Costs

    In the FNPRM, the Commission sought comment on the possibility of 
compensating for transition costs, how such costs would be documented, 
and the process by which such compensation would be determined or 
implemented. The UDOT states that incumbent DSRC users must be 
compensated for the cost of replacing their systems and that it should 
be the manufacturers and users who benefit and profit from using 
unlicensed technologies in the lower 45 megahertz that should pay those 
transition costs. In comments considering the process by which such 
costs would be implemented, UDOT references the method by which 
microwave licensees in the 2 GHz band that were displaced in the mid-
1990's to make way for broadband Personal Communications Services were 
compensated.
    The Institution of Transportation Engineers (ITE) makes similar 
arguments regarding compensating incumbents, stating that ``[t]he 
funding source for these reimbursements could be covered by those who 
are gaining benefit from the newly available 45 MHz of spectrum.'' The 
Alliance for Automotive Innovation also states that the Commission 
should require unlicensed new entrants to the band to compensate ITS 
incumbents for their reasonable relocation costs.
    Other commenters, however, dispute the need for unlicensed entrants 
to reimburse DSRC incumbents. The National Cable and Telecommunications 
Association (NCTA) states that ``it would be arbitrary and unreasonable 
for the Commission to require individual purchasers of unlicensed 
equipment or the broadband providers, companies, schools, libraries, 
and hospitals that provide Wi-Fi networks to pay existing operators for 
access to the U-NII-4 band, particularly after DSRC licensees failed to 
make meaningful use of the band for 20 years.'' NCTA further expounds 
on the lack of a reasonable mechanism to collect a levy on the 
unlicensed entities, as well as the lack of a legal structure to force 
payment.
    OTI/PK also strongly oppose imposing a reimbursement mechanism. 
OTI/PK cite the Commission's broad authority under 47 U.S.C. 316 to 
modify licenses under the public interest standard, as well as 
arguments against reimbursing incumbents for investing in failed 
technology, and the impracticality of assessing and collecting user 
fees from unlicensed users. The Wireless internet Service Providers 
Association (WISPA) states that, in the instances cited by proponents 
of the third-party reimbursement mechanism, such as UDOT above, the 
Commission has never required unlicensed users to reimburse 
transitioning licensees.
    The Commission agrees with NCTA, OTI/PK, and WISPA regarding 
reimbursement for DSRC incumbents. As the Supreme Court has held, 
``[n]o licensee obtains any vested interest in any frequency.'' 
Moreover, Courts have repeatedly upheld the Commission's broad 
authority under 47 U.S.C. 316 to modify licenses so long as it is in 
the public interest. 47 U.S.C. 304 and 316 grant the Commission broad 
authority to alter a spectrum license while also eliminating any claim 
that an incumbent licensee has on the spectrum it was originally 
allocated. Nothing in these provisions obligates the Commission to 
compensate a licensee when it exercises its authority to modify a 
license.
    As the Commission stated in the First Report and Order, ``existing 
DSRC licensees have recently begun to employ C-V2X on an experimental 
basis, telling the Commission that the transition to C-V2X is 
ongoing.'' It was at this stage that the Commission determined that, 
due to the DSRC to C-V2X transition already being underway, including 
the cost of transitioning to C-V2X in the transition calculation was 
inappropriate. Further, in the First Report and Order, the Commission, 
acting in the public interest, modified all existing 5.9 GHz licenses 
to operate in the upper 30 megahertz. This action, coupled with the 
long timeline between the Commission's issuing of the FNPRM and the 
two-year transition date adopted herein, should provide all licensees 
sufficient time to work within their normal budgetary cycles to procure 
C-V2X equipment in cases where they may have previously planned for 
DSRC equipment. Further, given the

[[Page 100850]]

Commission's broad authority to modify licenses when doing so would be 
in the public interest, the aforementioned ongoing transition to C-V2X 
currently underway, and the impracticality of levying fees on 
unlicensed entities and entrants, the Commission will not take action 
on reimbursement at this time.

Cost-Benefit Analysis

    The rules that the Commission adopts in this document enable the 
repurposing and transition of ITS spectrum sought in the First Report 
and Order, in particular, by codifying C-V2X technical parameters in 
the Commission's rules, including band usage, message priority, channel 
bandwidth, and channelization building. The sources of benefits and 
costs of those outcomes have therefore not changed from those analyzed 
in the First Report and Order. In that analysis, the Commission 
concluded that the expected $17.2 billion of benefits outweigh the 
costs. The benefits and costs of that analysis were calculated to occur 
over the time period 2022 to 2025. Because of the court challenges to, 
and petitions to reconsider, the First Report and Order, some of the 
benefits and costs that the Commission calculated could only be fully 
realized over a deferred time horizon, following the Second Report and 
Order. However, the Commission notes that demand for unlicensed use has 
remained strong in the intervening years, and the Commission finds that 
the benefits from the transition of ITS, while delayed, have not been 
reduced. Further, the First Report and Order recognized costs with 
regards to the ITS transition only, and the delay in implementation has 
likely reduced costs going forward as some efforts in the ITS 
transition have already occurred in the time since the release of the 
First Report and Order. The Commission therefore concludes that the 
benefits continue to outweigh costs for the Second Report and Order.

Ordering Clauses

    Accordingly, it is ordered that, pursuant to the authority found in 
sections 1, 4(i), 301, 302, 303, 309, 316, and 332 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 301, 
302, 303, 309, 316, and 332 that this Second Report and Order is hereby 
adopted.
    It is further ordered that, except as otherwise provided below, the 
rules and requirements adopted herein are effective sixty days after 
the date of publication in the Federal Register.
    It is further ordered that no Intelligent Transportation System 
license will be issued for Dedicated Short Range Communications (DSRC) 
systems after the effective date of the Final Rules adopted herein. 
Existing licenses may be renewed as necessary following the effective 
date of the Final Rules but only for a period not to exceed the date 
two years after publication of Final Rules in the Federal Register. ITS 
licenses that reflect DSRC will cancel automatically on the date two 
years after publication of Final Rules in the Federal Register.
    It is further ordered that the Commission's Office of the Secretary 
shall send a copy of the Second Report and Order, including the Final 
Regulatory Flexibility Analysis, to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).

List of Subjects

47 CFR Part 1

    Administrative practice and procedure, Communications, Radio, and 
Telecommunications.

47 CFR Part 90

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

47 CFR Part 95

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

47 CFR Part 97

    Administrative practice and procedures, Communications, 
Communications equipment, Disaster assistance, Radio, Reporting and 
recordkeeping requirements, and Telecommunications.

Federal Communications Commission.
Marlene Dortch,
Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 1, 90, 95, and 97 as 
follows:

PART 1--PRACTICE AND PROCEDURE

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

    Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note; 47 
U.S.C. 1754, unless otherwise noted.


0
2. Amend Sec.  1.907 by revising the definition of ``Covered geographic 
licenses'' to read as follows:


Sec.  1.907  Definitions.

* * * * *
    Covered geographic licenses. Covered geographic licenses consist of 
the following services: 1.4 GHz Service (part 27, subpart I, of this 
chapter); 1.6 GHz Service (part 27, subpart J); 24 GHz Service and 
Digital Electronic Message Services (part 101, subpart G, of this 
chapter); 218-219 MHz Service (part 95, subpart F, of this chapter); 
220-222 MHz Service, excluding public safety licenses (part 90, subpart 
T, of this chapter); 600 MHz Service (part 27, subpart N); 700 MHz 
Commercial Services (part 27, subparts F and H); 700 MHz Guard Band 
Service (part 27, subpart G); 800 MHz Specialized Mobile Radio Service 
(part 90, subpart S); 900 MHz Specialized Mobile Radio Service (part 
90, subpart S); 900 MHz Broadband Service (part 27, subpart P); 3.45 
GHz Service (part 27, subpart Q); 3.7 GHz Service (part 27, subpart O); 
Advanced Wireless Services (part 27, subparts K and L); Air-Ground 
Radiotelephone Service (Commercial Aviation) (part 22, subpart G, of 
this chapter); Broadband Personal Communications Service (part 24, 
subpart E, of this chapter); Broadband Radio Service (part 27, subpart 
M); Cellular Radiotelephone Service (part 22, subpart H); Citizens 
Broadband Radio Service (part 96, subpart C, of this chapter); 
Intelligent Transportation Systems Radio Service in the 5895-5925 MHz 
band, excluding public safety licenses (part 90, subpart M); 
Educational Broadband Service (part 27, subpart M); H Block Service 
(part 27, subpart K); Local Multipoint Distribution Service (part 101, 
subpart L); Multichannel Video Distribution and Data Service (part 101, 
subpart P); Multilateration Location and Monitoring Service (part 90, 
subpart M); Multiple Address Systems (EAs) (part 101, subpart O); 
Narrowband Personal Communications Service (part 24, subpart D); Paging 
and Radiotelephone Service (part 22, subpart E; part 90, subpart P); 
VHF Public Coast Stations, including Automated Maritime 
Telecommunications Systems (part 80, subpart J, of this chapter); Upper 
Microwave Flexible Use Service (part 30 of this chapter); and Wireless 
Communications Service (part 27, subpart D).
* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
3. 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.

Subpart A--General Information

0
4. Amend Sec.  90.7 by adding in alphabetical order the definition of

[[Page 100851]]

``Cellular Vehicle to Everything (C-V2X)'', 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). The use of cellular radio 
techniques to transfer data between roadside and on-board units or 
between on-board units to perform operations related to the improvement 
of traffic flow, traffic safety, and other Intelligent Transportation 
System applications in a variety of environments. C-V2X systems may 
also transmit status and instructional messages related to the units 
involved.
* * * * *
    On-Board Unit (OBU). An On-Board Unit is an Intelligent 
Transportation System transceiver, operating in the 5895-5925 MHz band, 
that is normally mounted in or on a vehicle, or which in some instances 
may be a portable unit. An 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 also are licensed by rule 
under part 95 of this chapter.
* * * * *
    Roadside Unit (RSU). A Roadside Unit is an Intelligent 
Transportation System transceiver, operating in the 5895-5925 MHz band, 
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. For DSRC-based 
RSUs operating in the Intelligent Transportation System until December 
14, 2026, an RSU also provides channel assignments and operating 
instructions to OBUs in its communications zone, when required.
    Roadway bed surface. For the Intelligent Transportation System 
Radio Service, the road surface at ground level.
* * * * *


Sec.  90.7  [Amended]

0
5. Effective December 14, 2026, further amend Sec.  90.7 by removing 
the definitions of ``Communications zone,'' ``Dedicated Short Range 
Communication Service (DSRCS),'' and the last sentence in the 
definition of ``Roadside Units (RSU)''.

Subpart B--Public Safety Radio Pool

0
6. Amend Sec.  90.20 by revising paragraph (d)(86) to read as follows:


Sec.  90.20  Public Safety Pool.

* * * * *
    (d) * * *
    (86) Subpart M of this part contains rules for assignment of 
frequencies in the 5895-5925 MHz band.
* * * * *

Subpart C--Industrial/Business Radio Pool

0
7. Amend Sec.  90.35 by revising paragraph (b)(91) to read as follows:


Sec.  90.35  Industrial/Business Pool.

* * * * *
    (b) * * *
    (91) Subpart M of this part contains rules for assignment of 
frequencies in the 5895-5925 MHz band.
* * * * *

Subpart G--Applications and Authorizations

0
8. Amend Sec.  90.149 by revising paragraph (b) to read as follows:


Sec.  90.149  License term.

* * * * *
    (b) Non-exclusive geographic area licenses for Intelligent 
Transportation Systems radio service Roadside Units (RSUs) in the 5895-
5925 MHz band under subpart M of this part 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. Sec.  90.375 and 
90.389 of this part) will not change the overall renewal period of the 
single license.

0
9. Effective December 14, 2026, further amend Sec.  90.149 by revising 
the second sentence of paragraph (b) to read as follows:


Sec.  90.149  License term.

* * * * *
    (b) * * * The registration dates of individual RSUs (see Sec.  
90.389 of this part) will not change the overall renewal period of the 
single license.

0
10. Amend Sec.  90.155 by revising paragraph (i) to read as follows:


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

* * * * *
    (i) Intelligent Transportation Systems radio service 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. Sec.  90.375, 90.389 of this part) 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. Effective December 14, 2026, further amend Sec.  90.155 by revising 
the first sentence of paragraph (i) to read as follows:


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

* * * * *
    (i) Intelligent Transportation Systems radio service 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.  90.389 of this part) or the authority to 
operate the RSUs cancels automatically (see Sec.  1.955 of this 
chapter).* * *

Subpart H--Policies Governing the Assignment of Frequencies

0
12. Amend Sec.  90.175 by revising paragraph (j)(16) to read as 
follows:


Sec.  90.175  Frequency coordinator requirements.

* * * * *
    (j) * * *
    (16) Applications for licenses in the Intelligent Transportation 
Systems radio service (as well as registrations for Roadside Units) 
under subpart M of this part in the 5895-5925 MHz band.
* * * * *

0
13. Amend Sec.  90.179 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, and C-V2X and 
DSRCS licensees. See subparts M, P, and S of this part.
* * * * *

[[Page 100852]]


0
14. Effective December 14, 2026, further amend Sec.  90.179 by revising 
the first sentence of 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, and C-V2X 
licensees.* * *
* * * * *

Subpart I--General Technical Standards

0
15. Effective December 14, 2026, amend Sec.  90.210 by removing the 
entry of ``5895-5925'' and footnote 4 from Table 1.

0
16. Effective December 14, 2026, amend Sec.  90.213 by revising Table 1 
heading and footnote 10 of paragraph (a) to read as follows:


Sec.  90.213  Frequency stability.

* * * * *

Table 1 to Sec.  90.213--Minimum Frequency Stability

* * * * *
    \10\ For all equipment, frequency stability is to be specified in 
the station authorization.
* * * * *

Subpart M--Intelligent Transportation Systems Radio Service

0
17. Revise Sec.  90.350 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 developing and implementing the 
nation's intelligent transportation systems. It includes the Location 
and Monitoring Service (LMS), Dedicated Short Range Communications 
Service (DSRCS), and Cellular Vehicle to Everything (C-V2X). Rules 
regarding eligibility for licensing, frequency availability, and any 
special requirements for services in the ITS radio service are set 
forth in this subpart.
    (a) DSRCS stations must cease operations in the 5895-5925 MHz band 
no later than December 14, 2026. No applications for new DSRCS station 
licenses will be issued after February 11, 2025.
    (b) DSRCS stations licensed as of February 11, 2025 may continue to 
operate and make modifications in accordance with the rules in this 
subpart until December 14, 2026.

0
18. Effective December 14, 2026, amend Sec.  90.350 by revising the 
introductory paragraph and deleting paragraphs (a) and (b), 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 developing and implementing the 
nation's intelligent transportation systems. It includes the Location 
and Monitoring Service (LMS) and Cellular Vehicle to Everything (C-
V2X). Rules regarding eligibility for licensing, frequency 
availability, and any special requirements for services in the ITS 
radio service are set forth in this subpart.

0
19. In subpart M, add an undesignated center heading after Sec.  90.350 
to read as follows:

Regulations Governing the Location and Monitoring Service (LMS)

0
20. Amend Sec.  90.371 by revising the first sentence of paragraph (a) 
and the first sentence of paragraph (b) to read as follows:


Sec.  90.371  Dedicated short range communications service.

    (a) These provisions pertain to systems in the 5895-5925 MHz band 
for Dedicated Short-Range Communications Service (DSRCS).* * *
    (b) DSRCS 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 DSRCS station.* * *
* * * * *

0
21. Amend Sec.  90.377 by revising paragraph (b) to read as follows:


Sec.  90.377  Frequencies available; maximum EIRP and antenna height, 
and priority communications.

* * * * *
    (b) Frequencies available for assignment to eligible applicants 
within the 5895-5925 MHz band for RSUs and the maximum EIRP permitted 
for an RSU with an antenna height not exceeding 8 meters above the 
roadway bed surface are specified in the table below. Where two EIRP 
limits are given, the higher limit is permitted only for State or local 
governmental entities.

                                            Table 1 to Paragraph (b)
----------------------------------------------------------------------------------------------------------------
                                               Frequency range      Max. EIRP
                 Channel No.                        (MHz)             (dBm)                Channel use
----------------------------------------------------------------------------------------------------------------
180.........................................          5895-5905              23  Service Channel.
181.........................................          5895-5915              23  Service Channel.
182.........................................          5905-5915              23  Service Channel.
184.........................................          5915-5925           33/40  Service Channel.
----------------------------------------------------------------------------------------------------------------

    (1) An RSU may employ an antenna with a height exceeding 8 meters 
but not exceeding 15 meters provided the EIRP specified in the table 
above 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 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. The RSU antenna 
height shall not exceed 15 meters above the roadway bed surface.
    (2) Channels 180/182 may be combined to create a twenty-megahertz 
channel, designated Channel No. 181.
    (3) Channel 184 is designated for public safety applications 
involving safety of life and property. Only those entities meeting the 
requirements of Sec.  90.373(a) are eligible to hold an authorization 
to operate on this channel.
* * * * *


Sec.  Sec.  90.370 through 90.384   [Removed]

0
22. Effective December 14, 2026, remove Sec. Sec.  90.370 through 
90.384.

0
23. After Sec.  90.384, add an undesignated center heading and 
Sec. Sec.  90.386 through 90.394 to read as follows:

[[Page 100853]]

Regulations Governing the Licensing and Use of Frequencies in the 5895-
5925 MHz Band for Cellular Vehicle to Everything (C-V2X) Roadside Units 
(RSUs)


Sec.  90.386  Permitted frequencies.

    (a) Cellular Vehicle to Everything (C-V2X) Roadside Units (RSUs) 
are permitted to operate in the 5895-5925 MHz band.
    (b) Frequencies in the 5895-5925 MHz band will not be assigned for 
the exclusive use of any licensee. 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 interference. This includes monitoring for communications in 
progress and any other measures as may be necessary to minimize 
interference.
    (c) Licensees of C-V2X RSUs suffering or causing harmful 
interference 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. 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.


Sec.  90.387  Cellular Vehicle to Everything (C-V2X).

    (a) These provisions pertain to Cellular Vehicle to Everything (C-
V2X) Roadside Units (RSUs) operating in the 5895-5925 MHz band. C-V2X 
On-Board Units are authorized under part 95, subpart L of this chapter.
    (b) C-V2X 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 
the radius centered on the locations listed in the table below, must be 
coordinated through National Telecommunications and Information 
Administration (NTIA).

                               Table 1 to Sec.   90.387(b)--Coordination Locations
----------------------------------------------------------------------------------------------------------------
                                                                                                   Coordination
                            Location                                 Latitude        Longitude      zone radius
----------------------------------------------------------------------------------------------------------------
Anclote, Florida................................................        28-11-18        82-47-40              45
Cape Canaveral, Florida.........................................        28-28-54        80-34-35              47
Cape San Blas, Florida..........................................        29-40-31        85-20-48              47
Carabelle Field, Florida........................................        29-50-38        84-39-46              36
Charleston, South Carolina......................................        32-51-48        79-57-48              16
Edwards, California.............................................        34-56-43       117-54-50              53
Eglin, Florida..................................................        30-37-51        86-24-16             103
Fort Walton Beach, Florida......................................        30-24-53        86-39-58              41
Kennedy Space Center, Florida...................................        28-25-29        80-39-51              47
Key West, Florida...............................................        24-33-09        81-48-28              12
Kirtland AFB, New Mexico........................................        34-59-51       106-28-54              15
Kokeepark, Hawaii...............................................        22-07-35       159-40-06               5
MacDill, Florida................................................        27-50-37        82-30-04              47
NV Test Training Range, Nevada..................................        37-18-27       116-10-24             186
Patuxent River, Maryland........................................        38-16-55        76-25-12               6
Pearl Harbor, Hawaii............................................        21-21-17       157-57-51              16
Pillar Point, California........................................        37-29-52       122-29-59              36
Poker Flat, Alaska..............................................        65-07-36       147-29-21              13
Port Canaveral, Florida.........................................        28-24-42        80-36-17              19
Port Hueneme, California........................................        34-08-60       119-12-24              24
Point Mugu, California..........................................        34-07-17        119-09-1              18
Saddlebunch Keys, Florida.......................................        24-38-51        81-36-22              29
San Diego, California...........................................        32-43-00       117-11-00              11
San Nicolas Island, California..................................        33-14-47       119-31-07             195
Tonopah Test Range, Nevada......................................        37-44-00       116-43-00               2
Vandenberg, California..........................................        34-34-58       120-33-42              55
Venice, Florida.................................................        27-04-37        82-27-03              50
Wallops Island, Virginia........................................        37-51-23        75-30-41              48
White Sands Missile Range, New Mexico...........................        32-58-26       106-23-43             158
Yuma, Arizona...................................................        32-54-03       114-23-10               2
----------------------------------------------------------------------------------------------------------------

    (c) NTIA may authorize additional station assignments in the 
federal radiolocation service and may amend, modify, or revoke existing 
or additional assignments for such service. Once a federal assignment 
action is taken, the Commission's Universal Licensing System (ULS) 
database will be updated accordingly and the list in paragraph (b) of 
this section will be updated as soon as practicable.


Sec.  90.388  Eligibility.

    The following entities are eligible to hold an authorization to 
operate C-V2X RSUs:
    (a) Any territory, possession, State, city, county, town or similar 
governmental entity.
    (b) Any entity meeting the eligibility requirements of Sec. Sec.  
90.20, 90.33 or 90.35.


Sec.  90.389  RSU license areas 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.

[[Page 100854]]

    (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.  90.386). 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.  90.387(b)) 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 ULS registration database any RSUs 
that have been discontinued.
    (c) Licensees must operate each C-V2X RSU in accordance with the 
Commission's rules and the registration data posted on the ULS for such 
C-V2X RSU.


Sec.  90.390  Channels and priority communications.

    (a) Channels. C-V2X may operate on the following band segments:

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                                  20-megahertz          30-megahertz
   10-megahertz channels:           channels:             channel:
------------------------------------------------------------------------
5895-5905 MHz...............  5895-5915 MHz.......  5895-5925 MHz.
5905-5915 MHz...............  5905-5925 MHz.......
------------------------------------------------------------------------

    (b) Safety/public safety priority. The following access priority 
governs all C-V2X operations:
    (1) Communications involving the safety of life have access 
priority over all other C-V2X communications;
    (2) C-V2X communications involving public safety have access 
priority over all other C-V2X except those communications described in 
(b)(1) of this section. Roadside Units (RSUs) operated by State or 
local governmental entities are presumptively engaged in public safety 
priority communications.
    (c) Non-priority communications. C-V2X communications not listed in 
paragraph (b) of this section, are non-priority communications.
    (1) If a dispute arises concerning non-priority communications, the 
licensee of the later-registered RSU must accommodate the operation of 
the early registered RSU, i.e., interference protection rights are 
date-sensitive, based on the date that the RSU is first registered (see 
Sec.  90.389) and the later-registered RSU must modify its operations 
to resolve the dispute in accordance with paragraph (c)(2) of this 
section.
    (2) For purposes of this paragraph (c), objectionable interference 
will be considered to exist when the Commission receives a complaint 
and the difference in signal strength between the earlier-registered 
RSU and the later-registered RSU is 18 dB or less (co-channel). Later-
registered RSUs causing objectionable interference must correct the 
interference immediately unless written consent is obtained from the 
licensee of the earlier-registered RSU.


Sec.  90.391  Maximum EIRP and antenna height.

    (a) C-V2X licensees must limit RSU equivalent isotropically 
radiated power (EIRP) to 33 dBm. This limit applies to any operation 
within the 5895-5925 MHz band as follows:
    (1) 33 dBm/10 MHz EIRP;
    (2) 33 dBm/20 MHz EIRP; and
    (3) 33 dBm/30 MHz EIRP.
    (b) For purposes of this section, the EIRP is root mean squared 
(RMS) 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 paragraph (a) 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 must not exceed 15 meters above the 
roadway bed surface.


Sec.  90.392  C-V2X emissions limits.

    C-V2X Roadside Units (RSUs) must comply with the following out-of-
band emissions limits.
    (a) Conducted limits measured at the antenna input must not exceed:
    (1) -16 dBm/100 kHz within 1 megahertz of the band 
edges;
    (2) -13 dBm/MHz within 1 megahertz to 5 
megahertz of the band edges;
    (3) -16 dBm/MHz within 5 megahertz to 30 
megahertz of the band edges; and
    (4) -28 dBm/MHz beyond 30 megahertz from the band edges
    (b) [Reserved]


Sec.  90.393  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 5895-5925 MHz band, authorizations to 
operate Roadside Units (RSUs) are granted subject to the following 
conditions:
    (a) RSUs must not cause harmful interference to stations in Canada 
or Mexico that are licensed in accordance with the international table 
of frequency allocations for Region 2 (see Sec.  2.106 of this chapter) 
and must accept any interference that may be caused by such stations.
    (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.  90.395  [Redesignated as Sec.  90.384]

0
24. Redesignate Sec.  90.395 as Sec.  90.384.

Subpart N--Operating Requirements

0
25. Sec.  90.421 is amended by adding paragraph (d) to read as follows:


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

* * * * *
    (d) C-V2X On-Board Units licensed by rule under part 95 of this 
chapter may communicate with any C-V2X roadside unit authorized under 
this part or any licensed commercial mobile radio service station as 
defined in part 20 of this chapter.

0
26. Amend Sec.  90.425 by revising paragraph (d)(10) to read as 
follows:


Sec.  90.425  Station identification.

* * * * *
    (d) * * *
    (10) It is a Roadside Unit (RSU) in an Intelligent Transportation 
System operating in the 5895-5925 MHz band.

[[Page 100855]]

PART 95--PERSONAL RADIO SERVICES

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

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


0
28. Amend subpart L by revising the subpart heading to read as follows:

Subpart L--Intelligent Transportation Systems (ITS) On-Board Units 
(OBUs) in the 5895-5925 MHz Band

0
29. Revise Sec.  95.3101 to read as follows:


Sec.  95.3101  Scope.

    This subpart contains rules that apply only to ITS On-Board Units 
(OBUs) transmitting in the 5895-5925 MHz frequency band. ITU Roadside 
Units (RSUs) are authorized under part 90, subpart M of this chapter.

0
30. Amend Sec.  95.3103 by:
0
a. Revising the section heading.
0
b. Adding in alphabetical order the definition of ``Cellular Vehicle to 
Everything (C-V2X)'';
0
c. Revising the definition of ``Dedicated Short-Range Communications 
Services (DSRCS)'';
0
d. Adding in alphabetical order definitions of ``Geofenced Onboard 
Unit'' and ``Geofencing'' and
0
e. Revising the definition of ``Onboard Unit (OBU)''.
    The additions and revisions read as follows:


Sec.  95.3103  Definitions.

    Cellular Vehicle to Everything (C-V2X). See Sec.  90.7 of this 
chapter.
    Dedicated Short-Range Communications Services (DSRCS). See Sec.  
90.7 of this chapter.
    Geofenced Onboard Unit. An OBU that incorporates geofencing to 
protect the appropriate areas around federal radiolocation sites 
currently enumerated in 47 CFR 90.387(b) by reducing power within those 
areas. Such OBUs programmed with information about these sites have the 
option of operation under the transmit power limits set forth in 
section 95.3404 of this subpart.
    Geofencing. For the purposes of this subpart, geofencing is used to 
create a virtual boundary around a physical location by enabling a 
radiofrequency device using a geolocation capability to determine 
whether its geographic coordinates are within a defined geographic 
area.
    On-Board Unit (OBU). See Sec.  90.7 of this chapter.
* * * * *

0
31. Add an undesignated center heading after Sec.  95.3103 to read as 
follows:

Regulations Governing the Use of Frequencies in the 5895-5925 MHz Band 
for Dedicated Short-Range Communications Services (DSRCS) On Board 
Units (OBUs)

* * * * *


Sec.  95.3105 through 95.3189  [Removed]

0
32. Effective December 14, 2026, further amend subpart L, by removing 
the centered heading ``Regulations Governing the Use of Frequencies in 
the 5895-5925 MHz Band for Dedicated Short-Range Communications 
Services (DSRCS) On Board Units (OBUs)'' and Sec. Sec.  95.3105 through 
95.3189.

0
33. After Sec.  95.3189, add the undesignated center heading and 
Sec. Sec.  95.3201 through 95.3205 to read as follows:

Regulations Governing the Use of Frequencies in the 5895-5925 MHz Band 
for Cellular Vehicle to Everything (C-V2X) On Board Units (OBUs)


Sec.  95.3201  Permissible uses.

    C-V2X OBUs may transmit signals to other C-V2X OBUs and to C-V2X 
Roadside Units (RSUs) authorized under part 90 of this chapter or any 
licensed commercial mobile radio service station as defined in part 20 
of this chapter.


Sec.  95.3202  OBU transmitter certification.

    (a) Each C-V2X OBU that operates or is intended to operate in the 
5895-5925 MHz band must be certified in accordance with this subpart 
and subpart J of part 2 of this chapter.
    (b) A grant of equipment certification for this subpart will not be 
issued for any C-V2X OBU transmitter type that fails to comply with all 
of the applicable rules in this subpart.


Sec.  95.3203  OBU frequencies.

    C-V2X OBUs are permitted to operate in the 5895-5925 MHz band.


Sec.  95.3204  OBU transmit power limit.

    (a) The following power limits apply for OBUs without a geofencing 
capability at all locations and for OBUs with a geofencing capability 
when operating within any coordination zone specified in Sec.  
90.387(b) of this chapter:
    (1) 10 MHz channel (5895-5905 MHz): 23 dBm/10 MHz EIRP;
    (2) 10 MHz channel (5905-5915 MHz): 33 dBm/10 MHz EIRP, reduced to 
27 dBm within 5 degrees of horizontal;
    (3) 10 MHz channel (5915-5925 MHz): 33 dBm/10 MHz EIRP, reduced to 
27 dBm within 5 degrees of horizontal;
    (4) 20 MHz channel (5895-5915 MHz): 23 dBm/20 MHz EIRP;
    (5) 20 MHz channel (5905-5925 MHz): 33 dBm/20 MHz EIRP, reduced to 
27 dBm within 5 degrees of horizontal; and
    (6) 30 MHz channel: 23 dBm/30 MHz EIRP.
    (b) The following power limits apply to OBUs with a geofencing 
capability when operating at locations outside any coordination zone 
specified in Sec.  90.387(b) of this chapter:
    (1) 10 MHz channel (5895-5905 MHz): 33 dBm/10 MHz EIRP;
    (2) 10 MHz channel (5905-5915 MHz): 33 dBm/10 MHz EIRP;
    (3) 10 MHz channel (5915-5925 MHz): 33 dBm/10 MHz EIRP;
    (4) 20 MHz channel (5895-5915 MHz): 33 dBm/20 MHz EIRP;
    (5) 20 MHz channel (5905-5925 MHz): 33 dBm/20 MHz EIRP; and
    (6) 30 MHz channel: 33 dBm/30 MHz EIRP.
    (c) For purposes of this section, the EIRP is root mean squared 
(RMS) 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.
    (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.


Sec.  95.3205  Unwanted emissions limits.

    (a) C-V2X OBUs must comply with the following out-of-band emissions 
limits. Conducted emissions limits measured at the antenna input shall 
not exceed:
    (1) -16 dBm/100 kHz within 1 megahertz of the band 
edges;
    (2) -13 dBm/MHz within 1 megahertz to 5 
megahertz of the band edges;
    (3) -16 dBm/MHz within 5 megahertz to 30 
megahertz of the band edges; and
    (4) -28 dBm/MHz beyond 30 megahertz from the band edges.

PART 97--AMATEUR RADIO SERVICE

0
34. The authority citation for part 97 continues to read as follows:

    Authority:  47 U.S.C. 151-155, 301-609, unless otherwise noted.


0
35. Amend Sec.  97.303 by revising the last sentence of paragraph 
(r)(2) to read as follows:


Sec.  97.303  Frequency sharing requirements.

* * * * *
    (r) * * *
    (2) * * * In the United States, the use of mobile service is 
restricted to

[[Page 100856]]

operations in the Intelligent Transportation System radio service.
* * * * *
[FR Doc. 2024-28980 Filed 12-12-24; 8:45 am]
BILLING CODE 6712-01-P