97-2007. Unlicensed NII Devices in the 5 GHz Frequency Range  

  • [Federal Register Volume 62, Number 21 (Friday, January 31, 1997)]
    [Rules and Regulations]
    [Pages 4649-4657]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-2007]
    
    
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    FEDERAL COMMUNICATIONS COMMISSION
    
    47 CFR Parts 1, 2 and 15
    
    [ET Docket No. 96-102; FCC 97-5]
    
    
    Unlicensed NII Devices in the 5 GHz Frequency Range
    
    AGENCY: Federal Communications Commission.
    
    ACTION: Final rule.
    
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    SUMMARY: By this action, the Commission amends its radio frequency 
    devices rules to make available 300 megahertz of spectrum at 5.15-5.35 
    GHz and 5.725-5.825 GHz for use by a new category of unlicensed 
    equipment, called Unlicensed National Information Infrastructure (``U-
    NII'') devices. These devices will provide short-range, high speed 
    wireless digital communications on an unlicensed basis. We anticipate 
    that U-NII devices will support the creation of new wireless local area 
    networks (``LANs'') and will facilitate wireless access to the National 
    Information Infrastructure (``NII''). In order to permit significant 
    flexibility in the design and operation of these devices, we are 
    adopting the minimum technical rules necessary to prevent interference 
    to other services and to ensure that the spectrum is used efficiently. 
    We believe that the rules set forth herein will foster the development 
    of a broad range of new devices and communications options that will 
    stimulate economic development and the growth of new industries. We 
    also expect that this action will promote the ability of U.S. 
    manufacturers, including small businesses, to compete globally by 
    enabling them to develop unlicensed digital communications products for 
    the world market.
    
    
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    EFFECTIVE DATE: April 1, 1997.
    
    FOR FURTHER INFORMATION CONTACT: Tom Derenge 418-2451 or Fred Thomas 
    418-2449.
    
    SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
    Report and Order, ET Docket 96-102, FCC 97-5, adopted January 9, 
    1997, and released January 9, 1997. The full text of this 
    Commission decision is available for inspection and copying during 
    normal business hours in the FCC Reference Center (Room 239), 1919 
    M Street, N.W., Washington, D.C., and also may be purchased from 
    the Commission's duplication contractor, International 
    Transcription Service, (202) 857-3800, 2100 M Street, N.W., Suite 
    140, Washington, D.C. 20037.
    
    Summary of the Report and Order
    
        1. On April 25, 1996, the Commission adopted a Notice of Proposed 
    Rule Making (``NPRM''), 61 FR 24749, May 16, 1996; this proceeding 
    proposed to make available 350 megahertz of spectrum at 5.15-5.35 GHz 
    and 5.725-5.875 GHz for Unlicensed National Information Infrastructure 
    (``U-NII'') devices.1 The NPRM proposed that such devices be 
    subject to minimum technical standards, including power limits, out-of-
    band emission limits, and spectrum etiquette. We tentatively concluded 
    that these standards would be necessary to ensure that licensed 
    services in the bands would be protected from harmful interference, 
    that the spectrum would be used efficiently, and that all U-NII devices 
    would have equal access to the spectrum. The NPRM also solicited 
    comments whether we should adopt a channeling plan, a minimum 
    modulation efficiency, and whether we should regulate any U-NII 
    operations as a licensed service, particularly those intended for long-
    range community network applications. Further, the NPRM also proposed 
    to establish ``safe-harbor'' rules setting forth conditions under which 
    unlicensed devices could operate without risk of being considered 
    sources of harmful interference.
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        \1\ We note that in the Notice of Proposed Rule Making in this 
    proceeding, we referred to these devices as NII/SUPERNet devices. 
    However, on July 2, 1996, we received a letter from Smart & 
    Thevenet, P.C. on behalf of its client, SuperNet, Inc., which 
    requests that the Commission refrain from using the word 
    ``SUPERNet'' because it would infringe upon its trademark 
    registration of the name ``Colorado Supernet.'' Accordingly, we have 
    adopted the term ``Unlicensed National Information Infrastructure or 
    U-NII'' to refer to the devices in this proceeding.
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        2. The Commission's proposal to provide spectrum to accommodate U-
    NII devices is strongly supported by the majority of the commenters 
    (``U-NII proponents''). U-NII proponents argue that U-NII devices would 
    facilitate connections among computers, televisions, appliance 
    automation products, and on-premises network cable or telephone company 
    access points within homes, schools and health care facilities. 
    Further, they submit that unlicensed devices could potentially satisfy 
    a collection of communications needs that otherwise would probably 
    remain unmet if free and open consumer access to spectrum were not 
    available. In particular, U-NII proponents argue that existing wireless 
    allocations and wireline alternatives are not capable of providing the 
    types of services that are envisioned for U-NII devices. However, 
    parties with incumbent operations on this spectrum argue that the 
    record does not sufficiently demonstrate a need for this new unlicensed 
    spectrum.
        3. The Commission finds that there is a need for unlicensed 
    wireless devices that will be capable of providing data rates as high 
    as 20 Mbits/sec to meet the multimedia communication requirements 
    envisioned by the U-NII proponents. To achieve these high data rates at 
    a reasonable cost, we believe that these devices must use broad 
    bandwidths of up to 20 megahertz each and therefore these devices must 
    have access to a substantial amount of spectrum to accommodate a number 
    of devices within the same area. Further, we believe that accessibility 
    to a substantial amount of spectrum is necessary for these devices to 
    develop and mature to their full potential. The record in this 
    proceeding supports the conclusion that recent developments in digital 
    technologies have greatly increased the requirements for transferring 
    large amounts of information and data in relatively short time frames 
    from one network or system to another. Specifically, we note that 
    computers have much faster central processing units and substantially 
    increased memory capabilities, which have increased the demand for 
    devices that can more quickly transfer larger amounts of data. Further, 
    digital equipment is capable of switching and directing large amounts 
    of information within networks. In addition to these technical advances 
    in hardware capability, there has been substantial growth in the use, 
    size, and complexity of digital networks as well. Many of these 
    networks are not only growing internally in the amount and types of 
    data they contain, but are also increasingly being used in combination 
    and interaction with other such networks.
        4. The Commission finds that it is appropriate to provide spectrum 
    for wireless unlicensed digital network communications devices to meet 
    the growing communications demands of multimedia network systems 
    resulting from developments of new digital technologies. We believe 
    that this will facilitate rapid and inexpensive wireless access to 
    information resources by educational institutions, business, industry, 
    and consumers. We also believe that making this spectrum available for 
    U-NII devices will further the Commission's mandate, in Section 257(b) 
    of the Communications Act, to promote vigorous competition and 
    technological advancement.2 For example, allowing unlicensed 
    devices access to the 5.15-5.35 GHz and 5.725-5.825 GHz bands will 
    permit educational institutions to form inexpensive broadband wireless 
    computer networks between classrooms, thereby facilitating cost-
    effective access to an array of multimedia services on the Internet. In 
    addition, unlicensed wireless networks could help improve the quality 
    and reduce the cost of medical care by allowing medical staff to obtain 
    on-the-spot patient data, X-rays, and medical charts.
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        \2\ See 47 U.S.C. Sec. 257(b) (``the Commission shall promote 
    the policies and purposes of this Act promoting * * * vigorous 
    economic competition, technological advancement, and promotion of 
    the public interest, convenience, and necessity.'').
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        5. The U-NII proponents support providing 350 megahertz of spectrum 
    in the 5 GHz range for these devices. They argue that 350 megahertz of 
    spectrum is needed to realize the full potential of today's broadband 
    information technologies and to encourage further innovation in the 
    delivery of new broadband digital communications. They claim that 
    providing unlicensed broadband devices access to this amount of 
    spectrum will meet the needs of multiple users at a common location and 
    should be sufficient to provide for open entry and equal access by all 
    unlicensed devices. Further, they claim that this amount of spectrum is 
    needed to provide an environment for robust development and growth, and 
    to permit the communications infrastructure to keep pace with future 
    computer advancements. U-NII proponents further argue that 350 
    megahertz is necessary for wide bandwidth U-NII networks because these 
    devices will have to share the spectrum with other users, such as 
    Mobile Satellite Service (``MSS''), Amateur, and Industrial, 
    Scientific, and Medical (``ISM''). Finally, U-NII proponents note that 
    the
    
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    proposed bands would align the spectrum available domestically for U-
    NII devices with the spectrum available for European HIPERLAN systems.
        6. The Commission continues to believe that it is appropriate to 
    provide unlicensed devices with access to a substantial amount of 
    spectrum at 5 GHz to accommodate the demand by educational, medical, 
    business, industrial and consumer users for broadband multimedia 
    communications. We are also cognizant, however, of the need for U-NII 
    devices to share the spectrum with primary services without causing 
    radio interference to those services. We believe that both of these 
    concerns can be accommodated by adopting appropriate technical 
    restrictions for U-NII devices, particularly transmit power and out-of-
    band emission limits, and by avoiding portions of the spectrum where 
    sharing would be particularly difficult. Accordingly, we will make 300 
    megahertz of spectrum available for U-NII devices. Specifically, we are 
    providing U-NII devices access to three 100 megahertz bands at 5.15-
    5.25 GHz, 5.25-5.35 GHz and 5.725-5.825 GHz. We recognize that this is 
    less than the 350 megahertz that was proposed, but we believe that this 
    amount of spectrum provides an appropriate balance between spectrum 
    sharing concerns and providing sufficient spectrum to satisfy the needs 
    of U-NII devices.
        7. The Commission believes that 300 megahertz of spectrum will 
    provide sufficient spectrum to allow the full potential of broadband 
    multimedia technologies to be realized. This spectrum should provide 
    for open entry and equal access by all such devices and to allow access 
    to the spectrum by multiple users at a common location using a variety 
    of different devices. In this regard, we note that these broadband 
    devices each may require 20 to 25 megahertz channel bandwidth to 
    provide the high data rates envisioned by the petitioners. The 
    Commission also believes that the 300 megahertz of spectrum being 
    provided for U-NII devices avoids the use of spectrum that would be 
    particularly difficult to share with primary operations. It believes 
    that U-NII devices can share with proposed and existing services in 
    these bands including the MSS feeder link operations that may use the 
    5.15-5.25 GHz band. However, U-NII devices will not have access to 
    spectrum used by microwave landing systems (``MLS'') operated by the 
    Federal Aviation Administration in the 5.0-5.15 GHz band. Additionally, 
    U-NII devices will not have access to the 5.825-5.875 GHz band. This 
    will avoid potential interference with low power Part 15 hearing aid 
    devices and potential Intelligent Transportation Service operations in 
    the 5.850-5.875 GHz band, Fixed Satellite Service operations in the 
    5.850-5.925 GHz band, and amateur operations in the 5.650-5.725 and 
    5.825-5.925 GHz bands.
        8. The 300 megahertz will be available to U-NII devices into three 
    bands of 100 megahertz each and will establish the following maximum U-
    NII device power limits for each band: a) in the 5.15-5.25 GHz band, 
    the maximum peak transmitter output power limit will be 50 milliwatts 
    (``mW'') with up to 6 dBi antenna gain permitted, which equates to 200 
    m Equivalent Isotropically Radiated Power (``EIRP''); b) in the 5.25-
    5.35 GHz band, the maximum peak transmitter output power limit will be 
    250 m with up to 6 db antenna gain permitted, which equates to 1 W 
    EIRP; and c) in the 5.725-5.825 GHz band, the maximum peak transmitter 
    output power limit will be 1 W with up to 6 db directional antenna gain 
    permitted, which equates to 4 W EIRP. To permit manufacturers 
    flexibility in designing U-NII equipment, we will permit the use of 
    higher directional antenna gain provided there is a corresponding 
    reduction in transmitter output power of one dB for every dB that the 
    directional antenna gain exceeds 6 db.
        9. Additionally, in all three bands we are adopting peak power 
    spectral density limits to ensure that the power transmitted by U-NII 
    devices is evenly spread over the emission bandwidth. Specifically, we 
    will require U-NII devices to decrease transmitter output power 
    proportionally to any decrease in emission bandwidth below 20 MHz. For 
    U-NII devices operating with less than 20 megahertz of emission 
    bandwidth, we will limit power spectral density as follows: a) in the 
    5.15-5.25 GHz band, the transmitter peak power spectral density will be 
    2.5 m/MHz for an antenna gain of 6 db; b) in the 5.25-5.35 GHz band, 
    the transmitter peak power spectral density will be 12.5 m/MHz for an 
    antenna gain of 6 db; and c) in the 5.725-5.825 GHz band, the 
    transmitter peak power spectral density will be 50 m/MHz for an antenna 
    gain of 6 db.3 Further, we are adopting out-of-band emission 
    limits to protect operations outside the frequency bands of operation.
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        \3\ These power spectral density requirements shall be measured 
    with a spectrum analyzer having a resolution bandwidth of 1 
    megahertz.
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        10. Another goal in this proceeding is to provide rules which 
    permit maximum technical flexibility in the design and development of 
    U-NII devices capable of providing high data rate communications for a 
    variety of multimedia applications in a shared spectrum environment. 
    Therefore, the Commission declined to adopt specific channelization 
    requirements or a minimum modulation efficiency requirement. 
    Additionally, the Commission declined to adopt a spectrum sharing 
    etiquette for U-NII devices, nor will access to the 5 GHz bands by U-
    NII devices be delayed until industry develops an etiquette. We believe 
    the minimal technical rules we are adopting, particularly the maximum 
    power limits discussed above, will generally allow for equal access and 
    sharing of these bands by U-NII devices and thereby accomplish the 
    intent of our proposed spectrum etiquette. Finally, our course of 
    action will not preclude industry from developing any voluntary 
    standards that it deems appropriate in the future.
        11. Nevertheless, we are adopting a definition for the type of 
    devices that will be approved for this band and regulated under the 
    Part 15 rules. Specifically, the Part 15 rules will state that 
    unlicensed U-NII operations in the 5.15-5.35 GHz and 5.725-5.825 GHz 
    bands will be limited to wide bandwidth, high data rate digital 
    operations. Unlicensed devices accessing the 5.725-5.825 GHz band under 
    other Part 15 rules would not be subject to this definition. This will 
    give equipment manufacturers the flexibility to design and manufacture 
    a variety of broadband devices using different technologies and 
    modulation techniques, while ensuring that this spectrum is used for 
    its intended purpose. This definition will be enforced through the 
    Commission's equipment certification process.
        12. The Commission also stated that the low power U-NII devices and 
    associated operations are more amenable to an unlicensed structure and 
    should be regulated under the Part 15 rules. Specifically, the rules 
    governing U-NII devices are similar in their low power and flexible 
    regulatory nature to those governing Part 15 devices. While some U-NII 
    devices in the upper band could have ranges of several kilometers, we 
    believe that most devices will have typical communication ranges of a 
    few meters to a few hundred meters. We also are unpersuaded by the 
    arguments that U-NII devices and associated operations need to be 
    licensed in order to provide regulatory parity with licensed services. 
    With regard to unlicensed U-NII devices that are used for community 
    networks in the upper band, we note that these will also be of very 
    limited range in comparison to the distances of
    
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    fixed point-to-point operations, will have to operate in a Part 15 
    sufferance mode and may not always be able to provide the same grade of 
    service as the licensed operations. That is, they will receive no 
    protection from other users of the spectrum. Finally, we believe that 
    the vast majority of U-NII devices will provide communications that are 
    complementary to, rather than competitive with, the licensed services.
        13. We recognize that it is likely that two new uses of the 5.15-
    5.25 GHz band, MSS feeder link operations and U-NII devices, will be 
    developing at the same time. In view of this fact, as indicated above, 
    we are adopting relatively conservative operating parameters for U-NII 
    devices utilizing this band. While we believe that this approach for U-
    NII devices is technically conservative and will fully protect MSS 
    operations, we note that MSS interests have also suggested that we 
    limit the aggregate EIRP density of emissions from unlicensed devices 
    on the Earth's surface to the MSS satellite to 10 dBW/MHz.4 They 
    argue that MSS operations could begin to be affected when emissions 
    from unlicensed devices approach such a level. Alternatively, they 
    suggest that the Commission should review the technical parameters for 
    U-NII operations in a future rule making as such a limit is approached. 
    They state this would allow the Commission to review, for example, 
    whether some future reduction in permitted power of U-NII devices in 
    this band should be imposed. They state that all existing U-NII devices 
    would be grandfathered. We concur that such an approach would provide 
    further assurance that future potential conflicts between U-NII devices 
    and MSS operations are taken into account and that MSS operations are 
    protected appropriately. Accordingly, we invite MSS parties to monitor 
    the emissions from U-NII devices in the 5.15-5.25 GHz band and, if 
    emissions approach the 10 dBW/MHz level, to request that we initiate a 
    rule making to reassess the use of this band. At that time the 
    Commission could determine if future U-NII devices should be required 
    to operate at different technical standards. In this regard, we note 
    that it may also be appropriate to reassess the technical parameters 
    governing U-NII devices in light of second generation MSS systems. For 
    example, second generation MSS systems may be more sensitive and 
    therefore more susceptible to interference from U-NII devices. On the 
    other hand, if European HIPERLAN systems proliferate and operate at 
    more power than U-NII devices, second generation MSS systems may of 
    necessity be designed to be more robust and immune to interference from 
    such devices.
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        \4\ This equates to a power flux density of -124 dBW/MHz/m\2\ at 
    a satellite with a slant range of 1414 km. See ex parte filing of 
    Airtouch, December 5, 1996; see also, Draft New Recommendation--
    Power Flux Density Limits for Wireless Data Networks In The 5150-
    5250 MHz Band Sharing Frequencies With Systems In The Fixed 
    Satellite Service, to ITU-R Working Party 4-9S, David E. Weinreich 
    of Globalstar, November 27, 1996.
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        14. Finally, all U-NII devices will be required to be authorized 
    under the Commission's certification procedure. The Commission will 
    also require U-NII devices to comply with the RF Hazard requirements 
    set forth in Sections 1.1307(b), 1.1310, 2.1091, and 2.1093 of our 
    rules. For purposes of these rules, all U-NII equipment will be deemed 
    to operate in an ``uncontrolled'' environment. Any application for 
    equipment certification for these devices must contain a statement 
    confirming compliance with these requirements. Technical information 
    showing the basis for this statement must be submitted to the 
    Commission upon request.
    
    Final Regulatory Flexibility Analysis
    
        15. As required by Section 603 of the Regulatory Flexibility Act, 5 
    U.S.C. 603 (``RFA''), an Initial Regulatory Flexibility Analysis 
    (``IRFA'') was incorporated in the Notice of Proposed Rule Making 
    (``NPRM''), ET Docket No. 96-102.5 The Commission sought written 
    public comment on the proposals in the NPRM, including the IRFA. The 
    Commission's Final Regulatory Flexibility Analysis (``FRFA'') in this 
    Report and Order conforms to the RFA, as amended by the Contract With 
    America Advancement Act of 1996 (``CWAAA''), Public Law No. 104-121, 
    110 Stat. 847 (1996).6
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        \5\ See Notice of Proposed Rule Making, ET Docket No. 96-102, 11 
    FCC Rcd 7205 (1996).
        \6\ See Subtitle II of the CWAAA is ``The Small Business 
    Regulatory Enforcement Fairness Act of 1996'' (``SBREFA''), codified 
    at 5 U.S.C. 603.
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    16. Need for and Objectives of the Rule
    
        By this action, the Commission provides 300 megahertz of spectrum 
    for a new category of unlicensed equipment called ``Unlicensed National 
    Information Infrastructure'' (``U-NII'') devices. These devices are 
    needed to provide high speed wireless digital communications on an 
    unlicensed basis. The Commission anticipates that these U-NII devices 
    will support the creation of new wireless LANs, campus networks, 
    community networks, and will facilitate wireless access to the National 
    Information Infrastructure. Additionally, the rules set forth herein 
    will foster the development of a broad range of new devices and 
    services that will stimulate economic development and the growth of new 
    industries. Finally, this action will promote the ability of U.S. 
    manufacturers to compete globally by enabling them to develop 
    unlicensed digital communications products for the world market.
    
    17. Summary of Significant Issues Raised by the Public Comments in 
    Response to the IRFA
    
        Five parties directly address the IRFA. In general, comments 
    support the provision of U-NII devices and argue that these operations 
    will benefit small entities. Several comments addressing the IRFA argue 
    that longer range U-NII devices will be needed to permit schools and 
    libraries to access information on the NII without having to pay 
    expensive monthly charges, such as long distance fees, to 
    telecommunications service providers. Further, these parties state that 
    longer range U-NII devices will not only benefit equipment 
    manufacturers, but also will benefit Internet service providers, small 
    entities in rural communities, and the up to 5 million small businesses 
    that offer products and services over the Internet.7 However, 
    regarding the manufacturers of U-NII devices, the Northern Amateur 
    Relay Council of California, Inc. (``NARCC'') argues that only 
    established major players in the microwave radio community will have 
    the talent and resources to bring U-NII devices to the market in a 
    timely manner. Therefore, NARCC contends that affording small companies 
    preferential treatment will not produce anything significant in the way 
    of a lower cost, more innovative product.8 Finally, Cylink, Inc. 
    opposes the adoption of an interim spectrum etiquette because small 
    entities would not have the resources to develop interim equipment and 
    to later redesign that equipment to comply with any formally adopted 
    spectrum etiquette.9
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        \7\ See Wireless Field Test for Education Project; Fundamental 
    Research Corporation; Crystal Wind Communications, Inc.; and Jean 
    Armour Polly.
        \8\ See Northern Amateur Relay Council of California, Inc. 
    Comments at 7.
        \9\ See Cylink Reply at 17.
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    18. Description and Estimate of the Number of Small Entities to Which 
    the Rules Will Apply
    
        The RFA generally defines the term ``small business'' as having the 
    same meaning as the term ``small business concern'' under the Small 
    Business Act, 15 U.S.C. 632. Based on that statutory
    
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    provision, we will consider a small business concern one which: (1) Is 
    independently owned and operated; (2) is not dominant in its field of 
    operation; and (3) satisfies any additional criteria established by the 
    Small Business Administration (SBA). The RFA SBREFA provisions also 
    apply to nonprofit organizations and to governmental organizations. 
    Since the Regulatory Flexibility Act amendments were not in effect 
    until the record in this proceeding was closed, the Commission was 
    unable to request information regarding the number of small business 
    that might use this service and is unable at this time to determine the 
    number of small businesses that would be affected by this action. The 
    rules adopted in this Report and Order will apply to any entities 
    manufacturing U-NII devices to operate in the 5 GHz range which could 
    include computer manufacturers and unlicensed RF equipment 
    manufacturers. Although the rules do not directly affect entities that 
    purchase this equipment, comments contend that several million 
    entities, including consumers, schools, libraries, and small 
    businesses, could benefit from the use of these devices.
        19. The rules adopted in this Report and Order will apply to 
    entities engaged in the manufacturing of U-NII devices. The Commission 
    has not developed a definition of small entities applicable to 
    unlicensed device manufacturers. Therefore, the applicable definition 
    of small entity is the definition under the Small Business 
    Administration (``SBA'') rules applicable to manufacturers of ``Radio 
    and Television Broadcasting and Communications Equipment'' and 
    ``Computer Manufacturers.'' According to the SBA's regulations, an RF 
    manufacturer must have 750 or fewer employees in order to qualify as a 
    small business.10 Census Bureau data indicates that there are 858 
    companies in the United States that manufacture radio and television 
    broadcasting and communications equipment, and that 778 of these firms 
    have fewer than 750 employees and would be classified as small 
    entities.11 Further, according to SBA regulations, a computer 
    manufacturer must have 1,000 or fewer employees in order to qualify as 
    a small entity.12 Census Bureau data indicates that there are 716 
    firms that manufacture electronic computers and of those, 659 have 
    fewer than 500 employees and qualify as small entities.13 The 
    remaining 57 firms have 500 or more employees; however, we are unable 
    to determine how many of those have fewer than 1,000 employees and 
    therefore also qualify as small entities under the SBA definition. The 
    Census Bureau categories are very broad and specific figures are not 
    available on the number of these firms that will manufacture U-NII 
    devices; however, we acknowledge the likelihood that many of them will 
    be small businesses.
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        \10\ See 13 CFR 121.201, Standard Industrial Classification 
    (SIC) Code 3663.
        \11\ See U.S. Department of Commerce, 1992 Census of 
    Transportation, Communications and Utilities (issued May 1995), SIC 
    category 3663.
        \12\ See 13 CFR 121.201 (SIC) Code 3571.
        \13\ See U.S. Small Business Administration 1995 Economic Census 
    Industry and Enterprise Report, Table 3, SIC Code 3571, (Bureau of 
    the Census data adapted by the Office of Advocacy of the U.S. Small 
    Business Administration).
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    20. Description of Projected Reporting, Recordkeeping and Other 
    Compliance Requirements
    
        The rules adopted in this Report and Order will require U-NII 
    manufacturers to comply with the Commission's equipment certification 
    requirements set forth in Section 15.210(b), prior to marketing, and 
    the radio frequency hazard requirements set forth in Sections 
    1.1307(b), 1.1310, 2.1091, and 2.1093 of the rules. All equipment will 
    be deemed to operate in an ``uncontrolled'' environment. Any 
    application for equipment certification for these devices must contain 
    a statement confirming compliance with these requirements. Technical 
    information showing the basis for this statement must be submitted to 
    the Commission upon request. The equipment certification requirement is 
    necessary to ensure compliance with the Commission's rules and promote 
    electromagnetic compatibility. Further, compliance with the radio 
    frequency hazard requirements is necessary to protect the health of 
    individuals using the equipment. These requirements are typically 
    required for all unlicensed equipment. No further reporting or 
    recordkeeping requirements will be imposed. Therefore, the only 
    compliance costs likely to be incurred are costs necessary to ensure 
    that prototype devices comply with our equipment certification 
    requirements and radio frequency hazard requirements.
        21. Skills of an application examiner, radio technician or engineer 
    will be needed to meet the requirements. If a device is not 
    categorically excluded, the manufacturer of the device must make a 
    determination of whether the device will comply with the RF radiation 
    limits. This study can be done by calculation or measurement, depending 
    upon the situation. In many cases the studies can be done by a radio 
    technician or engineer. Certification applications are usually done by 
    application examiners.
    
    22. Significant Alternatives and Steps Taken By Agency To Minimize 
    Significant Economic Impact on a Substantial Number of Small Entities 
    Consistent With Stated Objectives
    
        Based on comments received in response to the NPRM, the Commission 
    considered several significant alternatives. For example, although the 
    NPRM proposed to make 350 megahertz available for U-NII devices, 
    parties with incumbent or future operations request that less spectrum 
    be made available in order to protect their interests. Specifically, 
    parties with mobile satellite service (``MSS'') interests argue that U-
    NII devices should not be permitted in the 5.15-5.25 GHz band because 
    of potential use of this band by MSS feeder links.14 Further, 
    amateur radio parties oppose U-NII operations in the 5.725-5.875 GHz 
    band because of amateur operations in this spectrum.15 Resound 
    Corporation (``Resound'') and the Federal Highway Administration 
    (``FHWA'') oppose U-NII operations in the 5.850-5.875 GHz band because 
    of future plans to use this spectrum.16 After considering these 
    alternatives, the Commission concluded that 300 megahertz of U-NII 
    spectrum at 5.15-5.35 GHz and 5.725-5.825 GHz is appropriate for these 
    devices to operate without interfering with incumbent and potential 
    operations. This reduction from the proposed U-NII spectrum is 
    necessary to protect Part 15 hearing assistance devices, potential 
    intelligent transportation system operations, and amateur operations in 
    the 5.825-5.875 GHz band from interference. This action should not have 
    a negative impact on small U-NII businesses and will protect incumbent 
    and proposed spectrum users which may be small businesses.
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        \14\ See e.g., Loral/Qualcomm Licensee, Inc. Comments at 4.
        \15\ See e.g., Amateur Radio Relay League, Inc. Comments at 5.
        \16\ See Resound Comments at 7 and FHWA Comments at 2.
    ---------------------------------------------------------------------------
    
        23. Additionally, various parties recommend different technical 
    standards for U-NII devices. For example, some U-NII proponents support 
    increasing the proposed power limit and permitting unrestricted antenna 
    gain for U-NII devices in order to accomplish longer range 
    communications.17 However, AT&T and point-to-point microwave 
    parties oppose longer range use of U-NII devices and support short 
    range, low
    
    [[Page 4654]]
    
    power operations.18 The Commission has determined that U-NII 
    devices should be governed by minimal technical rules which permit 
    maximum flexibility in the way these devices are implemented. 
    Specifically, the Commission has concluded that an increase in the 
    power limits proposed in the NPRM is supported by new material in the 
    record in this proceeding, but does not believe unrestricted antenna 
    gain should be permitted due to interference concerns. The Commission 
    has determined that the public interest is best serviced by increasing 
    the maximum peak power limit as follows: 50 mW peak transmitter output 
    power with up to 6 dBi antenna gain (equates to 200 mW EIRP) permitted 
    in the 5.15-5.25 GHz band; 250 mW peak transmitter output power with up 
    to 6 dBi antenna gain (equates to 1 W EIRP) permitted in the 5.25-5.35 
    GHz band; and 1 W peak transmitter output power with up to 6 dBi 
    antenna gain (equates to 4 W EIRP) permitted in the 5.725-5.825 GHz 
    band. In addition, to permit manufacturers flexibility in designing U-
    NII equipment, the Commission will permit the use of higher directional 
    antenna gain provided there is a corresponding reduction in transmitter 
    output power of one dB for every dB that the directional antenna gain 
    exceeds 6 dBi. Also, U-NII use of the 5.15-5.25 GHz band is restricted 
    to indoor operations only. Further, this action adopts a power spectral 
    density (``PSD'') requirement for U-NII devices that would require that 
    the maximum power be spread across a bandwidth of at least 20 
    megahertz. This PSD requirement will ensure that U-NII devices spread 
    its signal energy evenly across the band and encourages the use of this 
    spectrum by wideband high data rate applications, but permits non-
    wideband operations at reduced powers. These increased power limits 
    will permit U-NII equipment manufacturers, many of which may be small 
    businesses, more flexibility to develop products to meet market 
    demands.
    ---------------------------------------------------------------------------
    
        \17\ See e.g., Apple Computer, Inc. Comments at 8.
        \18\ See e.g., AT&T Comments at 3; Pacific Telesis Group 
    Comments at 4; and Telecommunications Industry Association, Fixed 
    Point-to-Point Communications Section Comments at 4.
    ---------------------------------------------------------------------------
    
        24. Further, the Commission considered several alternatives from 
    the comments regarding a spectrum etiquette for U-NII devices. Although 
    some parties support the proposed interim ``listen-before-talk'' 
    (``LBT'') spectrum etiquette until industry can develop a formal 
    spectrum etiquette,19 others oppose the interim etiquette because 
    it would limit the flexibility of U-NII devices to use different 
    technologies.20 Further, several U-NII proponents support the 
    adoption of an industry developed spectrum etiquette to govern 
    unlicensed use of this spectrum.21 Metricom, however, suggests 
    that rather than adopting a complex spectrum etiquette, U-NII devices 
    should be required to use spread spectrum techniques.22 The 
    Commission has now concluded that the proposed LBT spectrum etiquette 
    could delay deployment of U-NII devices and hinder innovation in the 
    development of these devices. Rather, the Commission has concluded that 
    simple technical rules, such as PSD limits and out-of-band emission 
    requirements, should be sufficient to ensure spectrum sharing between 
    incumbent operations and new U-NII devices. The Commission declined to 
    adopt a spectrum etiquette, any channelization plan, or a minimum 
    modulation efficiency requirement because such requirements may 
    preclude certain technologies or some of the many different concepts 
    envisioned by U-NII proponents. We believe this action will benefit 
    small entities by permitting these entities to develop innovative 
    equipment to meet market demands without having to follow protocols 
    governing use of the spectrum.
    ---------------------------------------------------------------------------
    
        \19\ See e.g., Consumer Electronics Manufacturers' Association 
    Comments at 4.
        \20\ See e.g., Hewlett-Packard Comments at 3.
        \21\ See e.g., WINForum comments at 21.
        \22\ See Metricom Reply at 10.
    ---------------------------------------------------------------------------
    
        25. Finally, we proposed to establish parameters in the rules 
    (``safe harbor''), under which U-NII devices complying with these 
    parameters could operate without being considered sources of harmful 
    interference. Incumbent parties oppose ``safe harbor'' rules or any 
    action that would provide unlicensed devices addition spectrum 
    rights.23 However, U-NII proponents request that these devices be 
    protected either by ``safe harbor'' rules or by providing a primary 
    allocation status for the unlicensed operations.24 After 
    considering the alternatives, the Commission concluded that ``safe 
    harbor'' rules are not necessary at this time to provide assurances to 
    assurance to U-NII operators that their communications will not be 
    prohibited. Rather, the Commission invited MSS parties to monitor the 
    emissions from U-NII devices in the 5.15-5.25 GHz band and if emissions 
    approach the 10 dBW/MHz level to request that we reassess the use of 
    this band through future rule making.25 At that time the 
    Commission could determine if future U-NII devices should be required 
    to operate at different technical standards. This approach will provide 
    both MSS feeder link and U-NII operations with an appropriate level of 
    protection and assurance for the continuation of their operations. 
    While, the Commission is confident that an interference situation will 
    not arise, this approach will permit it to develop regulatory solutions 
    that will adequately protect the investments of both services, if such 
    a situation were to develop.
    ---------------------------------------------------------------------------
    
        \23\ See e.g., Loral/Qualcomm Licensee, Inc. Comments at 15; 
    Metricom Reply at 7; and San Bernardino Microwave Society Reply at 
    3.
        \24\ See e.g., Apple Computer Comments at 27, WINForum Reply at 
    23, and Consumer Electronics Manufacturers' Association Comments at 
    7.
        \25\ We also note that it may also be appropriate to reassess 
    the technical parameters governing U-NII devices in light of second 
    generation MSS systems. For example, second generation MSS systems 
    may be more sensitive and therefore more susceptible to interference 
    from U-NII devices. On the other hand, if European HIPERLAN systems 
    proliferate and operate at more power than U-NII devices, second 
    generation MSS systems may be required to more robust and immune to 
    interference from such devices.
    ---------------------------------------------------------------------------
    
    26. Report to Congress
    
        The Commission shall send a copy of this Final Regulatory 
    Flexibility Analysis, along with this Report and Order, in a report to 
    Congress pursuant to the Small Business Regulatory Enforcement Fairness 
    Act of 1996, 5 U.S.C. 801(a)(1)(A). A copy of this FRFA will also be 
    published in the Federal Register.
    
    List of Subjects
    
    47 CFR Part 1
    
        Administrative practice and procedure.
    
    47 CFR Part 2
    
        Communications equipment, Radio.
    
    47 CFR Part 15
    
        Radio.
    
    Federal Communications Commission.
    William F. Caton,
    Acting Secretary.
    
    Rules Changes
    
        Parts 1, 2 and 15 of title 47 of the Code of Federal Regulations 
    are amended as follows:
    
    PART 1--PRACTICE AND PROCEDURE
    
        1. The authority citation for part 1 continues to read as follows:
    
        Authority: 15 U.S.C. 79 et seq., and 47 U.S.C. 151, 154(i), 
    154(j), and 303(r).
    
        2. Section 1.1307 is amended by revising paragraph (b)(2) to read 
    as follows:
    
    [[Page 4655]]
    
    Sec. 1.1307  Actions which may have a significant environmental effect, 
    for which Environmental Assessments (EAs) must be prepared.
    
    * * * * *
        (b) * * *
        (2) Mobile and portable transmitting devices that operate in the 
    Cellular Radiotelephone Service, the Personal Communications Services 
    (PCS), the Satellite Communications Services, the Maritime Services 
    (ship earth stations only) and covered Specialized Mobile Radio Service 
    providers authorized under subpart H of part 22, part 24, part 25, part 
    80, and part 90 of this chapter are subject to routine environmental 
    evaluation for RF exposure prior to equipment authorization or use, as 
    specified in Secs. 2.1091 and 2.1093 of this chapter. All unlicensed 
    PCS, unlicensed NII and millimeter wave devices are also subject to 
    routine environmental evaluation for RF exposure prior to equipment 
    authorization or use, as specified in Secs. 15.253(f), 15.255(g), 
    15.319(i), and 15.407(f) of this chapter. All other mobile, portable, 
    and unlicensed transmitting devices are categorically excluded from 
    routine environmental evaluation for RF exposure under Secs. 2.1091 and 
    2.1093 of this chapter except as specified in paragraphs (c) and (d) of 
    this section.
    * * * * *
    
    PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
    RULES AND REGULATIONS
    
        1. The authority citation for Part 2 continues to read as follows:
    
        Authority: Sec. 4, 302, 303 and 307 of the Communications Act of 
    1934, as amended, 47 U.S.C. 154, 302, 303 and 307, unless otherwise 
    noted.
    
        2. Section 2.1091 is amended by revising paragraphs (c) and (d) 
    introductory text to read as follows:
    
    
    Sec. 2.1091  Radiofrequency radiation exposure evaluation: mobile and 
    unlicensed devices.
    
    * * * * *
        (c) Mobile devices that operate in the Cellular Radiotelephone 
    Service, the Personal Communications Services, the Satellite 
    Communications Services, the Maritime Services and the Specialized 
    Mobile Radio Service authorized under subpart H of part 22 of this 
    chapter, part 24 of this chapter, part 25 of this chapter, part 80 of 
    this chapter (ship earth station devices only) and part 90 of this 
    chapter (``covered'' SMR devices only, as defined in the note to Table 
    1 of Sec. 1.1307(b)(1) of this chapter), are subject to routine 
    environmental evaluation for RF exposure prior to equipment 
    authorization or use if their effective radiated power (ERP) is 1.5 
    watts or more. Unlicensed personal communications service, unlicensed 
    millimeter wave devices and unlicensed NII devices authorized under 
    Sec. 15.253, Sec. 15.255 and subparts D and E of part 15 of this 
    chapter are also subject to routine environmental evaluation for RF 
    exposure prior to equipment authorization or use, regardless of their 
    power used, unless they meet the definition of a portable device as 
    specified in Sec. 2.1093(b). All other mobile and unlicensed 
    transmitting devices are categorically excluded from routine 
    environmental evaluation for RF exposure prior to equipment 
    authorization, except as specified in Secs. 1.1307(c) and 1.1307(d) of 
    this chapter. Applications for equipment authorization of mobile and 
    unlicensed transmitting devices subject to routine environmental 
    evaluation must contain a statement confirming compliance with the 
    limits specified in paragraph (d) of this section as part of their 
    application. Technical information showing the basis for this statement 
    must be submitted to the Commission upon request.
        (d) The limits to be used for evaluation are specified in 
    Sec. 1.1310 of this chapter. All unlicensed personal communications 
    service (PCS) devices and unlicensed NII devices shall be subject to 
    the limits for general population/uncontrolled exposure.
    * * * * *
        3. Section 2.1093(c) is revised to read as follows:
    
    
    Sec. 2.1093  Radiofrequency radiation exposure evaluation: portable 
    devices.
    
    * * * * *
        (c) Portable devices that operate in the Cellular Radiotelephone 
    Service, the Personal Communications Services, the Satellite 
    Communications services, the Maritime Services and the Specialized 
    Mobile Radio Service authorized under subpart H of part 22 of this 
    chapter, part 24 of this chapter, part 25 of this chapter, part 80 of 
    this chapter (ship earth station devices only), part 90 of this chapter 
    (``covered'' SMR devices only, as defined in the note to Table 1 of 
    Sec. 1.1307(b)(1) of this chapter), and portable unlicensed personal 
    communication service, unlicensed NII devices and millimeter wave 
    devices authorized under Sec. 15.253, Sec. 15.255 or subparts D and E 
    of part 15 of this chapter are subject to routine environmental 
    evaluation for RF exposure prior to equipment authorization or use. All 
    other portable transmitting devices are categorically excluded from 
    routine environmental evaluation for RF exposure prior to equipment 
    authorization, except as specified in Secs. 1.1307(c) and 1.1307(d) of 
    this chapter. Applications for equipment authorization of portable 
    transmitting devices subject to routine environmental evaluation must 
    contain a statement confirming compliance with the limits specified in 
    paragraph (d) of this section as part of their application. Technical 
    information showing the basis for this statement must be submitted to 
    the Commission upon request.
    * * * * *
    
    PART 15--RADIO FREQUENCY DEVICES
    
        1. The authority citation for Part 15 continues to read as follows:
    
        Authority: 47 U.S.C. 154, 302, 303, 304, 307 and 544A.
    
        2. Section 15.17(a) is revised to read as follows:
    
    
    Sec. 15.17  Susceptibility to interference.
    
        (a) Parties responsible for equipment compliance are advised to 
    consider the proximity and the high power of non-Government licensed 
    radio stations, such as broadcast, amateur, land mobile, and non-
    geostationary mobile satellite feeder link earth stations, and of U.S. 
    Government radio stations, which could include high-powered radar 
    systems, when choosing operating frequencies during the design of their 
    equipment so as to reduce the susceptibility for receiving harmful 
    interference. Information on non-Government use of the spectrum can be 
    obtained by consulting the Table of Frequency Allocations in Sec. 2.106 
    of this chapter.
    * * * * *
        3. Section 15.205(a) is amended in the table by removing the entry 
    for 4.5-5.25 in the GHz column and adding a new entry for 4.5-5.15 in 
    its place to read as follows:
    
    
    Sec. 15.205  Restricted bands of operation.
    
        (a) * * *
    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                     MHz                                    MHz                                    MHz                                   GHz                
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    *    *    *    *    *................             *    *    *    *    *                  *    *    *    *    *                              4.5-5.15    
    
    [[Page 4656]]
    
                                                                                                                                                            
    *    *    *    *    *                             *    *    *    *    *                  *    *    *    *    *                 *    *    *    *    *    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    * * * * *
        4. A new Subpart E is added to Part 15 to read as follows:
    
    Subpart E--Unlicensed National Information Infrastructure Devices
    
    Sec.
    15.401  Scope.
    15.403  Definitions.
    15.405  Cross reference.
    15.407  General technical requirements.
    
    Subpart E--Unlicensed National Information Infrastructure Devices
    
    
    Sec. 15.401  Scope.
    
        This subpart sets out the regulations for unlicensed National 
    Information Infrastructure (U-NII) devices operating in the 5.15--5.35 
    GHz and 5.725--5.825 GHz bands.
    
    
    Sec. 15.403  Definitions.
    
        (a) U-NII devices (Unlicensed). Intentional radiators operating in 
    the frequency bands 5.15--5.35 GHz and 5.725--5.825 GHz that provide a 
    wide array of wideband, high data rate, digital, mobile and fixed 
    communications for individuals, businesses, and institutions.
        (b) Peak transmit power. The peak power output as measured over an 
    interval of time equal to the frame rate or transmission burst of the 
    device under all conditions of modulation. Usually this parameter is 
    measured as a conducted emission by direct connection of a calibrated 
    test instrument to the equipment under test. If the device cannot be 
    connected directly, alternative techniques acceptable to the Commission 
    may be used.
    
    
    Sec. 15.405  Cross reference.
    
        (a) The provisions of subparts A, B, and C of this part apply to 
    unlicensed U-NII devices, except where specific provisions are 
    contained in this subpart E. Manufacturers should note that this 
    includes the provisions of Secs. 15.203 and 15.205.
        (b) The requirements of this subpart E apply only to the radio 
    transmitter contained in the U-NII device. Other aspects of the 
    operation of a U-NII device may be subject to requirements contained 
    elsewhere in this chapter. In particular, a U-NII device that includes 
    digital circuitry not directly associated with the radio transmitter 
    also is subject to the requirements for unintentional radiators in 
    subpart B of this part.
    
    
    Sec. 15.407  General technical requirements.
    
        (a) Power limits:
        (1) For the band 5.15-5.25 GHz, the peak transmit power over the 
    frequency band of operation shall not exceed 50 mW. In addition, the 
    peak power spectral density shall not exceed 2.5 mW/MHz. If 
    transmitting antennas of directional gain greater than 6 dBi are used, 
    both the peak transmit power and the peak power spectral density shall 
    be reduced by the amount in dB that the directional gain of the antenna 
    exceeds 6 dBi.
        (2) For the band 5.25-5.35 GHz, the peak transmit power over the 
    frequency band of operation shall not exceed 250 mW. In addition, the 
    peak power spectral density shall not exceed 12.5 mW/MHz. If 
    transmitting antennas of directional gain greater than 6 dBi are used, 
    both the peak transmit power and the peak power spectral density shall 
    be reduced by the amount in dB that the directional gain of the antenna 
    exceeds 6 dBi.
        (3) For the band 5.725-5.825 GHz, the peak transmit power over the 
    frequency band of operation shall not exceed 1 W. In addition, the peak 
    power spectral density shall not exceed 50 mW/MHz. If transmitting 
    antennas of directional gain greater than 6 dBi are used, both the peak 
    transmit power and the peak power spectral density shall be reduced by 
    the amount in dB that the directional gain of the antenna exceeds 6 
    dBi.
        (4) The peak transmit power must be measured over any interval of 
    continuous transmission using instrumentation calibrated in terms of an 
    rms-equivalent voltage. The measurement results shall be properly 
    adjusted for any instrument limitations, such as detector response 
    times, limited resolution bandwidth capability when compared to the 
    emission bandwidth, sensitivity, etc., so as to obtain a true peak 
    measurement for the emission in question over the full bandwidth of the 
    channel.
        (5) The peak power spectral density is measured as a conducted 
    emission by direct connection of a calibrated test instrument to the 
    equipment under test. Measurements are made using a resolution 
    bandwidth of 1 MHz. If the device can not be connected directly, 
    alternative techniques acceptable to the Commission may be used.
        (b) The peak levels of emissions outside of the frequency band of 
    operation shall be attenuated below the maximum peak power spectral 
    density contained within the band of operation in accordance with the 
    following limits:
        (1) For transmitters operating in the band 5.15-5.25 GHz: all 
    emissions within the frequency range 5.14-5.15 GHz and 5.35-5.36 GHz 
    must be attenuated by a factor of at least 27 dB; within the frequency 
    range outside these bands by a factor of at least 37 dB.
        (2) For transmitters operating in the 5.25-5.35 GHz band: all 
    emissions within the frequency range from the band edge to 10 MHz above 
    or below the band edge must be attenuated by a factor of at least 34 
    dB; for frequencies 10 MHz or greater above or below the band edge by a 
    factor of at least 44 dB.
        (3) For transmitters operating in the 5.725-5.825 GHz band: all 
    emissions within the frequency range from the band edge to 10 MHz above 
    or below the band edge must be attenuated by a factor of at least 40 
    dB; for frequencies 10 MHz or greater above or below the band edge by a 
    factor of at least 50 dB.
        (4) The above emission measurements shall be performed using a 
    minimum resolution bandwidth of 1 MHz. A lower resolution bandwidth may 
    be employed near the band edge, when necessary, provided the measured 
    energy is integrated to show the total power over 1 MHz. Regardless of 
    the attenuation levels shown above, emissions outside the frequency 
    range of operation do not need to be attenuated below the general 
    radiated emission limits in Sec. 15.209.
        (5) Unwanted emissions must comply with the general field strength 
    limits set forth in Sec. 15.209. Further, any U-NII devices using an AC 
    power line are required to comply also with the conducted limits set 
    forth in Sec. 15.207.
        (6) The provisions of Sec. 15.205 of this part apply to intentional 
    radiators operating under this section.
        (7) When measuring the emission limits, the nominal carrier 
    frequency shall be adjusted as close to the upper and lower frequency 
    block edges as the design of the equipment permits.
        (c) The device shall automatically discontinue transmission in case 
    of either absence of information to transmit or operational failure. 
    These provisions are not intended to preclude the transmission of 
    control or signalling information or the use of repetitive codes used 
    by certain digital technologies to complete frame or burst intervals.
        (d) Any U-NII device that operates in the 5.15-5.25 GHz band shall 
    use a
    
    [[Page 4657]]
    
    transmitting antenna that is an integral part of the device.
        (e) Within the 5.15-5.25 GHz band, U-NII devices will be restricted 
    to indoor operations to reduce any potential for harmful interference 
    to co-channel MSS operations.
        (f) U-NII devices are subject to the radio frequency radiation 
    exposure requirements specified in Secs. 1.1307(b), 2.1091 and 2.1093 
    of this chapter, as appropriate. All equipment shall be considered to 
    operate in a ``general population/uncontrolled'' environment. 
    Applications for equipment authorization of devices operating under 
    this section must contain a statement confirming compliance with these 
    requirements for both fundamental emissions and unwanted emissions. 
    Technical information showing the basis for this statement must be 
    submitted to the Commission upon request.
        (g) The frequency stability of the carrier frequency of an 
    intentional radiator operating under this section shall be 
    10 ppm over 10 milliseconds. The frequency stability shall 
    be maintained over a temperature variation of -20 degrees to +50 
    degrees Celsius at normal supply voltage, and over a variation in the 
    primary supply voltage of 85 percent to 115 percent of the rated supply 
    voltage at a temperature of +20 degrees Celsius. For equipment that is 
    capable of operating only from a battery, the frequency stability tests 
    shall be performed using a new battery without any further requirement 
    to vary supply voltage.
    
    [FR Doc. 97-2007 Filed 1-30-97; 8:45 am]
    BILLING CODE 6712-01-P
    
    
    

Document Information

Effective Date:
4/1/1997
Published:
01/31/1997
Department:
Federal Communications Commission
Entry Type:
Rule
Action:
Final rule.
Document Number:
97-2007
Dates:
April 1, 1997.
Pages:
4649-4657 (9 pages)
Docket Numbers:
ET Docket No. 96-102, FCC 97-5
PDF File:
97-2007.pdf
CFR: (12)
47 CFR 1.1307(b)(1)
47 CFR 1.1307
47 CFR 1.1310
47 CFR 2.1091
47 CFR 2.1093
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