98-20429. Unlicensed NII Devices in the 5 GHz Frequency Range  

  • [Federal Register Volume 63, Number 147 (Friday, July 31, 1998)]
    [Rules and Regulations]
    [Pages 40831-40837]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-20429]
    
    
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    FEDERAL COMMUNICATIONS COMMISSION
    
    47 CFR Part 15
    
    [ET Docket No. 96-102, FCC 98-121]
    
    
    Unlicensed NII Devices in the 5 GHz Frequency Range
    
    AGENCY: Federal Communications Commission.
    
    ACTION: Final rule.
    
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    SUMMARY: By this Memorandum Opinion and Order (``MO&O''), the 
    Commission amends the rules to permit fixed, point-to-point Unlicensed 
    National Information Infrastructure (``U-NII'') devices in the 5.725-
    5.825 GHz band to operate with one watt maximum transmitter output 
    power and
    
    [[Page 40832]]
    
    directional antennas of up to 23 dBi gain. Additionally, the MO&O 
    amends the Commission's rules to specify transmit power limits in the 
    form of a logarithmic equation as a function of channel bandwidth for 
    all U-NII devices in all U-NII bands. It also clarifies the rules 
    regarding unwanted emissions and specifies these limits in terms of 
    absolute radiated power levels. Further, this action clarifies and 
    addresses other issues raised in the petitions for reconsideration 
    regarding the operation of, and regulations governing, U-NII devices. 
    The actions taken herein will add to the flexibility and capability of 
    U-NII operations without causing an increase in harmful interference to 
    incumbent operations sharing the same spectrum.
    
    EFFECTIVE DATE: August 31, 1998.
    
    FOR FURTHER INFORMATION CONTACT: Tom Derenge, Office of Engineering and 
    Technology, (202) 418-2451.
    
    SUPPLEMENTARY INFORMATION: This is a summary of the Commission's MO&O, 
    ET Docket 96-102, FCC 98-121, adopted June 17, 1998, and released June 
    24, 1998. 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, 1231 20th Street, 
    N.W. Washington, D.C. 20036.
    
    Summary of the Memorandum Opinion and Order
    
        1. On January 9, 1997, the Commission adopted a Report and Order 
    (``R&O'') in ET Docket No. 96-102, 62 FR 04649, January 31, 1997, which 
    amended part 15 of its 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 U-NII devices. These devices are 
    intended to provide high speed wireless digital communications on an 
    unlicensed basis. The R&O stated 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 flexibility in the design and operation 
    of these devices, the R&O adopted those technical rules found to be 
    minimally necessary to prevent interference to other services and to 
    ensure that the spectrum is used efficiently. Additionally, the rules 
    set forth in the R&O were intended to foster the development of a broad 
    range of new devices and service offerings that will stimulate economic 
    development and the growth of new industries.
        2. In response to the R&O, on March 3, 1997, Apple Computer, Inc. 
    (``Apple''), Hewlett Packard Company (``H-P'') and the Wireless 
    Information Networks Forum (``WINForum'') filed petitions requesting 
    reconsideration of certain aspects of the R&O and further clarification 
    of certain rules adopted in that proceeding. The MO&O adopts in part 
    the reconsideration requests of Apple and WINForum, denies the 
    reconsideration request of H-P and dismisses a later filed petition for 
    rulemaking by Clarity Wireless Incorporated. Specifically, the MO&O 
    adopts WINForum's proposal of expressing the transmit power for U-NII 
    devices as a logarithmic equation dependent on bandwidth. This action 
    will not increase the maximum power permitted by U-NII devices, but 
    would merely scale permissible maximum power to the bandwidth used by 
    the U-NII device. Further, the MO&O denies requests to ease power and 
    antenna limits for U-NII devices at this time except for point-to-point 
    links in the 5.725-5.825 GHz band, which will be permitted to operate 
    with up to 1 watt transmitter output power and 23 dBi gain antennas. 
    Non point-to-point U-NII devices in the 5.725-5.825 GHz band must meet 
    the original power limits of 1 watt transmitter output power with up to 
    6 dBi gain antennas. The item, however, pledges that the Commission 
    will work with industry, consumers, government agencies, and other 
    interested parties to closely monitor whether these limits can be eased 
    in the future.
        3. With respect to power spectral density, the Commission 
    acknowledges that there are variations in a signal's power across its 
    emission bandwidth, but concludes that the public interest would not be 
    served by amending its rules to allow a 3-dB tolerance in meeting U-NII 
    power spectral density (``PSD'') requirements in any one megahertz 
    segment, even if the total PSD requirement across the signal's 
    bandwidth is met. Instead, for compliance with the PSD requirement, the 
    rules are amended to permit integration of the power over the PSD 
    measurement bandwidth (the lesser of 1 megahertz or the 26 dB 
    bandwidth) such that the variations in envelope power will be averaged 
    out. The MO&O states that this measurement procedure is sufficient to 
    accommodate the digital modulation techniques anticipated for U-NII 
    devices and that integrating the power over the measurement bandwidth 
    would not cause additional interference problems with other services 
    due to the averaging effect of the power from multiple devices.
        4. The Commission denies Apple's request to modify the U-NII PSD 
    requirements to permit the spread of the maximum power across a smaller 
    bandwidth and maintains the PSD limits adopted within the R&O. 
    Specifically, U-NII devices shall limit their PSD as follows: (a) in 
    the 5.15-5.25 GHz band, the transmitter peak PSD will be limited to 2.5 
    mW (4 dBm) in any one megahertz band for an antenna gain of up to 6 
    dBi; (b) in the 5.25-5.35 GHz band, the transmitter peak PSD will be 
    limited to 12.5 mW (11 dBm) in any one megahertz band for an antenna 
    gain of up to 6 dBi; and (c) in the 5.725-5.825 GHz band, the 
    transmitter peak PSD will be limited to 50 mW (17 dBm) in any one 
    megahertz band for an antenna gain of up to 6 dBi (23 dBi for fixed, 
    point-to-point systems).
        5. In response to WINForum requested clarification of the limits on 
    unwanted UNII emissions, the Commission amends its rules so that U-NII 
    emission limits will now be expressed in absolute terms based on the 
    maximum permitted in-band power limits rather than in terms relative to 
    actual in-band operating power. The Commission concludes that 
    expression of U-NII out-of-band and spurious emission limits as 
    absolute radiated power levels would afford manufacturers maximum 
    flexibility in designing U-NII devices that would comply with the 
    emission requirements. Therefore, the MO&O revises sections 
    15.407(b)(1-3) to express U-NII out-of-band and spurious emission 
    limits in terms of the effective isotropically radiated power per 
    megahertz (``EIRP/MHz'') equivalents for U-NII transmitters operating 
    at maximum permitted power with a 6 dBi gain antenna. Additionally, the 
    MO&O revises section 15.407(b)(3) to clarify that all emissions within 
    10 megahertz of the edge of the 5.725-5.825 GHz band shall not exceed 
    an EIRP of -17 dBm/MHz, and all emissions farther than 10 megahertz 
    from the edge of the 5.725-5.825 GHz band shall not exceed an EIRP of -
    27 dBm/MHz. Because the U-NII emission limits are expressed in terms of 
    EIRP/MHz based on maximum permitted power with a 6 dBi gain antenna, 
    out-of-band and spurious emissions are limited to a maximum level 
    regardless of antenna gain.
        6. Additionally, the MO&O clarifies the rules specifying U-NII 
    emission limits in the restricted bands of section 15.205, but rejects 
    WINForum's contention that the U-NII emission limits of section 
    15.407(b)(1-3) should
    
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    take precedence over the restricted band emission limits. As reflected 
    in section 15.407(b)(6) adopted by the R&O, all U-NII emissions must 
    meet section 15.205 requirements for emissions into the restricted 
    bands, in order to protect sensitive radio operations and safety-of-
    life radio operations. Further, the Commission revises sections 
    15.407(b)(1-2) to clarify that they apply to emissions that emanate 
    from U-NII devices operating in the 5.15-5.25 GHz and 5.25-5.35 GHz 
    bands and that fall outside of the restricted bands. Specifically, for 
    devices operating in these bands, U-NII emissions outside these bands 
    shall not exceed an EIRP of -27 dBm/MHz. The MO&O also clarifies 
    section 15.407(b)(5) to state that the emission requirements of section 
    15.209 apply to only those U-NII emissions that are below 1 GHz.
        7. The Commission also modifies its rules regarding the definition 
    of U-NII technical parameters and performance of compliance 
    measurements to better accommodate advanced digital modulation 
    techniques. The MO&O recognizes that digital modulation techniques 
    often display symbol-to-symbol envelope variations and short duration 
    peaks that do not cause increased interference to other operations. It 
    also notes that defining power in terms of the average of all symbols 
    in a particular modulation technique and establishing a proper time 
    interval to measure transmission pulses would help account for the 
    peak-to-average variations in measuring digital signals. Additionally, 
    in order to get an accurate measurement for digital networking devices, 
    the MO&O finds that measurements should be made over bursts that are 
    transmitted at the maximum power control level and that any power 
    averaging must not include time intervals during which the transmitter 
    is off or transmitting at a reduced power level. Accordingly, the MO&O 
    amends its U-NII technical definitions and measurement procedures to 
    address the above concerns raised by WINForum.
        8. Additionally, the MO&O imposes a maximum 13 dB ratio limitation 
    between the peak excursion of the modulation envelope (measured using a 
    peak hold function) and the peak transmit power (measured as specified 
    above) across the lesser of any 1 MHz bandwidth or the emission 
    bandwidth. These U-NII measurements must be made using the procedures 
    specified in the Commission's rules and in document ANSI C63.17-1998 
    over an interval of continuous transmission during which the output 
    power is at a maximum. The Commission concludes that this approach will 
    enable the development of new U-NII digital modulation techniques that 
    will not have an undesirably high potential for causing interference to 
    other devices and services.
        9. Regarding the measurement of unwanted emissions, the Commission 
    reaffirms its finding in the R&O that these measurements should be 
    performed with a minimum resolution bandwidth of one megahertz. This is 
    consistent with section 15.35(b) of the Commission's rules and reduces 
    the influence of different filter responses and ensures repeatability 
    of measurements. Nevertheless, the U-NII rules permit a lower 
    resolution bandwidth for measurements near the band edge, when 
    necessary, provided the measured energy is integrated to show the total 
    power over one megahertz. Therefore, the MO&O concludes that adoption 
    of WINForum's proposed definitions for ``average symbol envelope 
    power,'' ``pulse,'' ``transmit power,'' ``peak transmit power,'' 
    ``power spectral density,'' and ``peak power spectral density'' 
    combined with the use of measurement techniques specified in the 
    Commission's rules and in ANSI C63.17-1998 are appropriate and will 
    permit accurate measurement of U-NII technical parameters.
        10. The MO&O clarifies that the intent of this proceeding was to 
    facilitate the development of digital equipment using digital 
    modulation techniques capable of achieving network communications on 
    wide bandwidth channels at high data rates. Therefore, the MO&O adds to 
    the rules a definition for digital modulation, but states that it is 
    not necessary to prescribe which digital modulation techniques would be 
    permitted because this may restrict the implementation of newly 
    developed digital modulation techniques.
        11. Finally, the Commission clarifies that U-NII devices that meet 
    the operational requirements for the 5.15-5.25 GHz band are permitted 
    to operate across the entire 5.15-5.35 GHz band. The Commission notes 
    that nothing in its current rules prevents devices that meet the 
    requirements of multiple bands from operating in the different U-NII 
    bands as long as the device complies with the operating requirements of 
    the band it is transmitting in.
    
    Final Regulatory Flexibility Analysis
    
        12. As required by the Regulatory Flexibility Act 
    (``RFA''),1 an Initial Regulatory Flexibility Analysis 
    (``IRFA'') was incorporated in the Notice of Proposed Rulemaking 
    (``NPRM'') in this proceeding.2 The Commission sought 
    written public comments on the proposals in the NPRM including on the 
    IRFA. Further, the Commission adopted a Final Regulatory Flexibility 
    Analysis (``FRFA'') in the Report and Order (``R&O'') in this 
    proceeding.3 The Commission's Supplemental Final Regulatory 
    Flexibility Analysis (``SFRFA'') in this Memorandum Opinion and Order 
    (``MO&O'') conforms to the RFA, as amended by the Contract With America 
    Advancement Act of 1996 (``CWAAA''), Pub. L. 104-121, 110 Stat. 847 
    (1996).4
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        \1\ See 5 U.S.C. 603.
        \2\ See NPRM, ET Docket No. 96-102, 11 FCC Rcd 7205 (1996), 61 
    FR 24749, May 16, 1996.
        \3\ See Report and Order, ET Docket 96-102, 12 FCC Rcd 1576 
    (1997).
        \4\ 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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        13. Need for and Objectives of the Rule: By this action, the 
    Commission affirms its decision to provide 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. This action is intended to provide clarification of 
    the rules governing the use of these devices adopted in the R&O. 
    Additionally, at the request of petitioners we are relaxing certain 
    technical requirements to enable these devices to achieve more reliable 
    communications. We believe 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.
        14. Summary of Significant Issues Raised by the Public Comments in 
    Response to the IRFA: As noted in the previous FRFA, we received five 
    comments that directly addressed the IRFA in this proceeding. The 
    concerns raised by these comments were addressed in the FRFA. No new 
    comments or reconsiderations were filed relating directly to the IRFA 
    or FRFA in this proceeding.
        15. 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 provision, we
    
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    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 businesses 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 MO&O 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.
        16. The rules adopted in this MO&O 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 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.5 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.6 Further, according to SBA regulations, a 
    computer manufacturer must have 1,000 or fewer employees in order to 
    qualify as a small entity.7 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.8 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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        \5\ See 13 CFR 121.201, Standard Industrial Classification (SIC) 
    Code 3663.
        \6\ See U.S. Department of Commerce, 1992 Census of 
    Transportation, Communications and Utilities (issued May 1995), SIC 
    category 3663.
        \7\ See 13 CFR 121.201, (SIC) Code 3571.
        \8\ 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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        17. Description of Projected Reporting, Recordkeeping and Other 
    Compliance Requirements: As noted in the FRFA in this proceeding, the 
    rules adopted in the R&O, as well as the subsequent MO&O, 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.
        18. 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.
        19. Significant Alternatives and Steps Taken by Agency To Minimize 
    Significant Economic Impact on a Substantial Number of Small Entities 
    Consistent With Stated Objectives: As noted in the FRFA, the Commission 
    considered several significant alternatives based on comments received 
    in response to the NPRM. These alternatives are discussed in the FRFA 
    to the R&O. The Commission also considered alternatives to the rules 
    adopted in the R&O which were in response to three Petitions for 
    Reconsideration filed to the R&O and the subsequent comments. For 
    example, the R&O specified the permitted transmitter output power in 
    one megahertz increments up to a maximum permitted transmitter output 
    power in a 20 megahertz channel. However, this would permit narrowband 
    devices with channel widths less than one megahertz to transmit with 
    the same power as those devices with one megahertz channel bandwidths. 
    Therefore, the MO&O specifies the permitted transmitter output power as 
    a logarithmic equation dependent on the channel's bandwidth, but it 
    does not increase the total maximum permitted transmitter output power. 
    In addition, the MO&O denied requests to permit U-NII devices in the 
    5.15-5.25 GHz and 5.25-5.35 GHz band to operate at higher powers and/or 
    with increased antenna gain because such action might increase the 
    potential for interference problems. These actions will not have a 
    significant impact on small entities.
        20. Further, the MO&O clarifies the unwanted emission requirements 
    for U-NII devices. Specifically, unwanted emissions will now be 
    specified as an absolute radiated power level from the antenna instead 
    of requiring that U-NII devices suppress unwanted emission by a 
    specific number of dBs below their operating power. The MO&O denies 
    requests for relaxation of unwanted emission requirements because such 
    action might create unacceptable interference problems. This action 
    does not change the amount of emission suppression required for U-NII 
    devices, but permits device manufacturers additional flexibility in 
    meeting our requirements.
        21. Additionally, in response to a request filed by Apple Computer, 
    Inc., the MO&O modifies the U-NII rules to permit fixed, point-to-point 
    U-NII devices in the 5.725-5.825 GHz band to operate with one watt 
    maximum transmitter output power and directional antennas of up to 23 
    dBi gain. This action would facilitate the
    
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    development of community networks. The item denies Apple's request for 
    unlimited gain antennas because of comments from the National 
    Telecommunications and Information Administration which argue that such 
    high gain antennas would be more susceptible to interference from 
    Government operations. This action will not have a significant impact 
    on small entities.
        22. At the request of WINForum, the MO&O modifies the equipment 
    authorization measurement procedures and definitions for U-NII power in 
    accordance with the new American National Standards Institute 
    (``ANSI'') document, C63.17, which defines parameters and measurement 
    procedures for unlicensed Personal Communications Service (``U-PCS'') 
    devices and accounts for the characteristics of the digital modulation 
    techniques used by these devices. The Commission believes that the 
    increasing use of advanced digital modulation techniques does warrant 
    some reconsideration of the definition of technical parameters and the 
    performance of compliance measurements to ensure that equipment meets 
    necessary technical standards. The Commission also denies a request 
    that it permit a 3-dB tolerance in meeting power requirements because 
    its peak power spectral density (``PSD'') limits are designed to be 
    applicable regardless of variations caused by various signal types. 
    However, to determine compliance with the peak PSD requirements, the 
    MO&O will permit the averaging of power variations through the 
    integration of the power variations over the required minimum PSD 
    measurement bandwidth (the lesser of 1 megahertz or the signal's 26 dB 
    bandwidth). These actions will not have a significant impact on small 
    entities.
        23. Finally, the item clarifies that U-NII devices must use digital 
    modulation techniques and amends the rules on emission limits to permit 
    a single device to operate across both the 5.15-5.25 GHz and 5.25-5.35 
    GHz bands as long as the technical requirements for each band are met. 
    This added flexibility will assist manufacturers in designing equipment 
    that more readily meets the consumer's demand and will not have a 
    significant impact on small entities.
        24. Report to Congress: The Commission shall send a copy of this 
    Supplemental 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).
    
    List of Subjects in 47 CFR Part 15
    
        Communications equipment, Radio.
    
    Federal Communications Commission.
    Magalie Roman Salas,
    Secretary.
    
    Rule Changes
    
        For the reasons discussed in the preamble part 15 of title 47 of 
    the Code of Federal Regulations, is amended as follows:
    
    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 is amended by revising paragraph (a) to read as 
    follows:
    
    
    Sec. 15.17  Susceptiblity 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. Sections 15.401, 15.403, 15.405 and 15.407, in Subpart E are 
    revised to read as follows:
    
    
    Sec. 15.401  Scope.
    
        This subpart sets out the regulations for unlicensed National 
    Information Infrastructure (U-NII) devices operating in the 5.15-5.35 
    GHz and 5.725-5.825 GHz bands.
    
    
    Sec. 15.403  Definitions.
    
        (a) Average symbol envelope power. The average symbol envelope 
    power is the average, taken over all symbols in the signaling alphabet, 
    of the envelope power for each symbol.
        (b) Digital modulation. The process by which the characteristics of 
    a carrier wave are varied among a set of predetermined discrete values 
    in accordance with a digital modulating function as specified in 
    document ANSI C63.17-1998.
        (c) Emission bandwidth. For purposes of this subpart the emission 
    bandwidth shall be determined by measuring the width of the signal 
    between two points, one below the carrier center frequency and one 
    above the carrier center frequency, that are 26 dB down relative to the 
    maximum level of the modulated carrier. Determination of the emissions 
    bandwidth is based on the use of measurement instrumentation employing 
    a peak detector function with an instrument resolutions bandwidth 
    approximately equal to 1.0 percent of the emission bandwidth of the 
    device under measurement.
        (d) Peak power spectral density. The peak power spectral density is 
    the maximum power spectral density, within the specified measurement 
    bandwidth, within the U-NII device operating band.
        (e) Peak transmit power. The maximum transmit power as measured 
    over an interval of time of at most     30/B or the transmission pulse 
    duration of the device, whichever is less, under all conditions of 
    modulation.
        (f) Power spectral density. The power spectral density is the total 
    energy output per unit bandwidth from a pulse or sequence of pulses for 
    which the transmit power is at its peak or maximum level, divided by 
    the total duration of the pulses. This total time does not include the 
    time between pulses during which the transmit power is off or below its 
    maximum level.
        (g) Pulse. A pulse is a continuous transmission of a sequence of 
    modulation symbols, during which the average symbol envelope power is 
    constant.
        (h) Transmit power. The total energy transmitted over a time 
    interval of at most 30/B (where B is the 26 dB emission bandwidth of 
    the signal in hertz) or the duration of the transmission pulse, 
    whichever is less, divided by the interval duration.
        (i) U-NII devices. Intentional radiators operating in the frequency 
    bands 5.15-5.35 GHz and 5.725-5.825 GHz that use wideband digital 
    modulation techniques and provide a wide array of high data rate mobile 
    and fixed communications for individuals, businesses, and institutions.
    
    
    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 subpart E. Manufacturers should note that this includes 
    the provisions of Secs. 15.203 and 15.205.
        (b) The requirements of 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
    
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    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.
    
    
    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 the lesser of 50 mW or 4 
    dBm + 10logB, where B is the 26-dB emission bandwidth in MHz. In 
    addition, the peak power spectral density shall not exceed 4 dBm in any 
    1-MHz band. 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 the lesser of 250 mW or 11 
    dBm + 10logB, where B is the 26-dB emission bandwidth in MHz. In 
    addition, the peak power spectral density shall not exceed 11 dBm in 
    any 1-MHz band. 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 the lesser of 1 W or 17 
    dBm + 10logB, where B is the 26-dB emission bandwidth in MHz. In 
    addition, the peak power spectral density shall not exceed 17 dBm in 
    any 1-MHz band. 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. However, fixed point-to-
    point U-NII devices operating in this band may employ transmitting 
    antennas with directional gain up to 23 dBi without any corresponding 
    reduction in the transmitter peak output power or peak power spectral 
    density. For fixed, point-to-point U-NII transmitters that employ a 
    directional antenna gain greater than 23 dBi, a 1 dB reduction in peak 
    transmitter power and peak power spectral density for each 1 dB of 
    antenna gain in excess of 23 dBi would be required. Fixed, point-to-
    point operations exclude the use of point-to-multipoint systems, omni 
    directional applications, and multiple collocated transmitters 
    transmitting the same information. The operator of the U-NII device, or 
    if the equipment is professionally installed, the installer, is 
    responsible for ensuring that systems employing high gain directional 
    antennas are used exclusively for fixed, point-to-point operations.
    
        Note to paragraph (a)(3): The Commission strongly recommends 
    that parties employing U-NII devices to provide critical 
    communications services should determine if there are any nearby 
    Government radar systems that could affect their operation.
    
        (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 conforming to the definitions in this paragraph for the 
    emission in question.
        (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. If the device cannot be connected directly, 
    alternative techniques acceptable to the Commission may be used. 
    Measurements are made over a bandwidth of 1 MHz or the 26 dB emission 
    bandwidth of the device, whichever is less. A resolution bandwidth less 
    than the measurement bandwidth can be used, provided that the measured 
    power is integrated to show total power over the measurement bandwidth. 
    If the resolution bandwidth is approximately equal to the measurement 
    bandwidth, and much less than the emission bandwidth of the equipment 
    under test, the measured results shall be corrected to account for any 
    difference between the resolution bandwidth of the test instrument and 
    its actual noise bandwidth.
        (6) The ratio of the peak excursion of the modulation envelope 
    (measured using a peak hold function) to the peak transmit power 
    (measured as specified in this paragraph) shall not exceed 13 dB across 
    any 1 MHz bandwidth or the emission bandwidth whichever is less.
        (b) Undesirable emission limits: Except as shown in paragraph 
    (b)(6) of this section, the peak emissions outside of the frequency 
    bands of operation shall be attenuated in accordance with the following 
    limits:
        (1) For transmitters operating in the 5.15-5.25 GHz band: all 
    emissions outside of the 5.15-5.35 GHz band shall not exceed an EIRP of 
    -27 dBm/MHz.
        (2) For transmitters operating in the 5.25-5.35 GHz band: all 
    emissions outside of the 5.15-5.35 GHz band shall not exceed an EIRP of 
    -27 dBm/MHz. Devices operating in the 5.25-5.35 GHz band that generate 
    emissions in the 5.15-5.25 GHz band must meet all applicable technical 
    requirements for operation in the 5.15-5.25 GHz band (including indoor 
    use) or alternatively meet an out-of-band emission EIRP limit of -27 
    dBm/MHz in the 5.15-5.25 GHz band.
        (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 shall not exceed an EIRP of -17 dBm/MHz; for 
    frequencies 10 MHz or greater above or below the band edge, emissions 
    shall not exceed an EIRP of -27 dBm/MHz.
        (4) The 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.
        (5) Unwanted emissions below 1 GHz 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 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. 
    Applicants shall include in their application for equipment 
    authorization a description of how this requirement is met.
        (d) Any U-NII device that operates in the 5.15-5.25 GHz band shall 
    use a 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 Sec. 1.1307(b), Sec. 2.1091 and 
    Sec. 2.1093 of this chapter, as
    
    [[Page 40837]]
    
    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) Manufacturers of U-NII devices are responsible for ensuring 
    frequency stability such that an emission is maintained within the band 
    of operation under all conditions of normal operation as specified in 
    the users manual.
    
    [FR Doc. 98-20429 Filed 7-30-98; 8:45 am]
    BILLING CODE 6712-01-P
    
    
    

Document Information

Effective Date:
8/31/1998
Published:
07/31/1998
Department:
Federal Communications Commission
Entry Type:
Rule
Action:
Final rule.
Document Number:
98-20429
Dates:
August 31, 1998.
Pages:
40831-40837 (7 pages)
Docket Numbers:
ET Docket No. 96-102, FCC 98-121
PDF File:
98-20429.pdf
CFR: (6)
47 CFR 2.1093
47 CFR 15.17
47 CFR 15.401
47 CFR 15.403
47 CFR 15.405
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