[Federal Register Volume 62, Number 166 (Wednesday, August 27, 1997)]
[Rules and Regulations]
[Pages 45330-45334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22550]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 15
[ET Docket No. 94-124; FCC 97-267]
Use of Radio Frequencies Above 40 GHz for New Radio Applications
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: By this Memorandum Opinion and Order the Commission grants the
petition for reconsideration of Cutler-Hammer by amending the
regulations to permit operation of lower power fixed radar systems in
the 59-64 GHz band, permits interim equipment approval and operation of
unlicensed services in the 59-64 GHz band provided that the equipment
complies with the proposed spectrum etiquette contained in the Fourth
Notice or Proposed Rule Making, denies Vorad Safety Systems, Inc.'s
petition for reconsideration requesting relaxation of the spurious
emission limits for vehicle radar systems operating in the 46.7-46.9
GHz band, and corrects two typographical errors contained in the First
Report and Order (``Order'') in this proceeding.
EFFECTIVE DATE: September 26, 1997.
FOR FURTHER INFORMATION CONTACT: John A. Reed (202) 418-2455 or Rodney
P. Conway (202) 418-2904. Via electronic mail: jreed@fcc.gov or
rconway@fcc.gov, Office of Engineering and Technology, Federal
Communications Commission.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Memorandum Opinion and Order, ET Docket 94-124, FCC 97-267 adopted July
28, 1997, and released August 14, 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, 1231 20th Street, N.W., Washington, D.C.
20036.
Summary of the Memorandum Opinion and Order
1. Cutler-Hammer, a manufacturer of sensors used in industrial
applications, filed a petition for reconsideration requesting the
Commission amend its rules to permit the operation of lower power,
fixed field disturbance sensors (radar) in the 59-64 GHz frequency
band. Cutler-Hammer states that lower frequency sensors of the type
currently being manufactured have performance limitations that
millimeter wave sensors can overcome and improve on sensor performance
with the 5 GHz of frequency bandwidth.
2. Cutler-Hammer recognizes that a number of parties participating
in this proceeding expressed concern about suggestions that vehicle
radar systems be permitted to operate in the 60-61 GHz band. It agrees
that the potential for interference from mobile field disturbance
sensors to fixed operations is hard to predict and to avoid. Fixed
field disturbance sensors operating characteristics are much more
predictable and the potential for causing and receiving interference is
more easily determined, while the operating characteristics of mobile
field disturbance sensors are very difficult to predict due to the
inherently variable nature of the system, which results in
unpredictable radiation patterns and potentials for causing and
receiving interference. Cutler-Hammer indicates that, in contrast, the
low power fixed field disturbance sensors it desires to employ would
operate with very little power and would create a predictable radiation
pattern, permitting them to be designed and installed in such a way
that they would neither be susceptible to, nor likely to cause,
interference. Accordingly, Cutler-Hammer believes that the prohibition
against the use of fixed field disturbance sensors is unnecessarily
broad and is not supported by the record.
3. The Commission agrees with Cutler-Hammer that fixed field
disturbance sensors at the proposed output level of 9 nW/cm2
as measured at 3 meters from the transmit antenna would not be likely
to be a source of interference to other communications systems
operating with an output level of up to 9 W/cm2 as
measured at 3 meters from the transmit antenna in the 59-64 GHz band.
This is the only unlicensed frequency band under the Commission's
regulations that provides a bandwidth this wide and at a power level
that makes operation practical. Accordingly, the Commission is granting
the request from Cutler-Hammer to remove the prohibition against fixed
field disturbance sensors. The Commission also recognizes that, in many
cases, the manufacturing process may require that the sensor be capable
of movement, even though the equipment in which the sensor is installed
is fixed. Thus, the Commission will clarify in its rules that the
permission to operate fixed field disturbance sensors applies to
sensors installed in fixed equipment, even if the sensor itself moves
within the equipment. However, this action does not affect the
Commission's existing prohibition on mobile field disturbance sensors
in the 59-64 GHz frequency band.
4. Although the Commission stated previously in this proceeding
that operation in the 59-64 GHz band would be permitted only after
adoption of a spectrum etiquette, we now believe that this prohibition
no longer is necessary and would be detrimental to the introduction of
new products and services. Therefore, the Commission will permit
operation in the 59-64 GHz band, of any authorized, unlicensed
communications devices, including fixed field disturbance sensors, on
an interim basis pending consideration of the Spectrum Etiquette
proposed in the Fourth Notice of Proposed Rule Making. The Commission
believes that permitting interim operation will serve the public
interest by permitting early rollout of new and innovative technologies
and services. The Commission will require, however, that
[[Page 45331]]
equipment approved for such interim operation comply with the proposed
Spectrum Etiquette. The Commission stresses that any spectrum etiquette
finally adopted in this proceeding may differ significantly from the
proposed Spectrum Etiquette contained in the Fourth NPRM and that
manufacture and operation of equipment under this interim provision is
at the risk of the manufacturer and operator exclusively. The
Commission also stresses that initial operation which complies with the
proposed Spectrum Etiquette does not guarantee continued operation if
any changes in that etiquette are adopted.
5. Vorad Safety Systems, Inc. (``Vorad''), a manufacturer of field
disturbance sensors used for vehicle collision avoidance systems,
requests reconsideration of the spurious emission limit for sensors
operating in the 46 GHz band. Vorad requests that the limits on
spurious emissions applicable to field disturbance sensors operating in
the 76 GHz band also be applied to sensors operating in the 46 GHz
band. The limits on spurious emissions from transmitters in the 76 GHz
band are 300 pW/cm2 at 3 meters for side or rear looking
sensors and 600 pW/cm2 at 3 meters for forward looking
sensors. The limit for spurious emissions from transmitters operating
in the 46 GHz band is 2 pW/cm2 at 3 meters.
6. Vorad adds that the Commission relaxed the standard for vehicle
radar systems in the 76 GHz band but adhered to its strict proposal for
radar operating in the 46 GHz band. Vorad states that the adopted limit
conflicts with the Commission's stated goal of encouraging expeditious
development of an important safety product. Vorad adds that meeting the
stricter limit using current technology would be possible only by
reducing operating power, which would significantly degrade the
performance of the system.
7. Vorad argues that the limit on spurious emissions adopted by the
Commission for the 46 GHz band is not technically justified. It states
that the Commission based its decision on the need to protect existing
and future U.S. Government uses of the 94 GHz and 140 GHz bands.
However, Vorad indicates that the evidence in the record does not
demonstrate that there is a real threat of interference to such uses by
vehicle radar systems, since vehicle radar systems use highly
directionalized antennas and will primarily be used on the nation's
highways. It adds that it has operated vehicle radar systems in the 24
GHz band for several years and has been experimenting with operations
in the 47 GHz band for over a year. Vorad indicates that the spurious
emissions from its 24 GHz and 47 GHz transmissions were suppressed by
only 50 dB, and that no complaints of interference were received. Thus,
Vorad states that its experience with these systems demonstrates that
an attenuation standard of 50 dB is sufficient to protect other
spectrum users. Vorad adds that there is no evidence that operations in
the 46 GHz band will present more of an interference risk than do
operations in the 76 GHz band, for which a much more reasonable
standard was adopted. The limits on spurious emissions from
transmitters in the 76 GHz band are 300 pW/cm2 at 3 meters
for side or rear looking sensors and 600 pW/cm2 at 3 meters
for forward looking sensors. If the transmitter is operated at its
maximum permitted output levels, spurious emissions must be attenuated
by at least 50 dB.
8. Finally, Vorad argues that vehicle radar systems in the 76 GHz
band will create spurious emissions over a much larger range of
spectrum than will operations in the 46 GHz band. It states that the
narrow 200 MHz bandwidth employed by transmitters in the 46 GHz band
will limit the bandwidth of harmonic emissions. In contrast, the
permissible bandwidth of the 76 GHz radar is 1000 MHz, resulting in
spurious emissions over much more of the spectrum due to
intermodulation frequency products.
9. The National Telecommunications and Information Administration
(NTIA) was the only party to file comments in response to the Vorad
petition. NTIA strongly opposes VORAD's request to relax the spurious
emission limit. It states that the majority of U.S. Government
operations occur in the propagation windows centered at 94 GHz, 140 GHz
and 220 GHz. The band centered at 220 GHz is centered at a null for
water absorption, while still having relatively low attenuation
properties due to absorption from dry air. Since the bands being
addressed in this proceeding did not exceed 155 GHz and spurious
emissions were addressed only below 200 GHz, the 220 GHz band was not
addressed in the Commission's earlier considerations. It adds that new
radio receiver technologies using wide bandwidth (typically 4-10 GHz)
and improved sensitivities have resulted in greater resolution and
precision for detection and guidance systems and remote sensing of the
environment. NTIA points out that a joint Federal Aviation
Administration/Department of Defense/Industry program is currently
underway to develop and test ``synthetic vision'' systems intended for
use in airport environments during poor visibility. Further, it states
that recent analysis indicates that the noise threshold of these
receivers can be more than 30 dB below the threshold assumed by the
Commission in its Order for this type of equipment, so further
relaxation of the limit on spurious emissions could have serious
consequences on the effectiveness of systems in these bands. Finally,
NTIA states that it invited Vorad to present its views to the
Interdepartment Radio Advisory Committee (IRAC), but that Vorad did not
respond to this offer. NTIA adds that it remains willing to assist
Vorad should it decide to pursue an effort to demonstrate compatibility
of its equipment, but in the interim urges the Commission not to relax
the limit on spurious emissions.
10. The Commission is denying Vorad's petition to relax the limits
on spurious emissions from field disturbance sensors operating in the
46 GHz band. The Commission recognized in the Order that its decision
might have an adverse economic impact on manufacturers but concluded
that the limit was appropriate to protect present and future U.S.
Government operations in the 94 and 140 GHz bands. It stated that the
94 GHz and 140 GHz bands share many potential uses, since these bands
are in the only two atmospheric transmission windows between 60 GHz and
300 GHz. The 94 GHz band is employed for radio astronomy, U.S.
Government passive imaging systems, and Department of Defense
classified applications. The 140 GHz band is used for radio astronomy
and Government military passive imaging systems. In particular, the
Commission noted that the Advanced Research Projects Agency's MIMIC
program to develop lower-cost millimeter wave components has involved
technology in the 94 GHz area and is likely to increase the use of this
and other millimeter wave bands. The Commission, in the Order, added
that, while it appreciated the arguments in the comments from General
Motors Corporation and GM Hughes Electronics for relaxing the spurious
emission limits, it did not agree that directional antennas and the use
of vehicle radar systems on highways would be sufficient to eliminate
interference to airborne passive sensors. Further, as noted by NTIA in
its comments on Vorad's petition, current development of a passive
imaging system used as an aircraft landing aid in adverse weather
conditions involves resolution capabilities which are directly related
to the amount of RF signal noise in the
[[Page 45332]]
band. Thus, we continue to believe that the presence of excessive
spurious emissions from other signal sources, e.g., harmonic emissions
from vehicle radar systems in the 46 GHz band, would degrade the
usefulness of these bands for passive imaging and other possible
functions.
11. While Vorad indicates that its previous experience with field
disturbance sensors operating at 24 GHz and at 47 GHz and employing a
spurious emission suppression of 50 dB has not resulted in complaints
of interference, the Commission does not find this sufficiently
conclusive to relax the spurious emission requirements. First,
operations in the 94 GHz and 140 GHz bands are only now being
developed. As U.S. Government and other operations increase in these
bands, along with the proliferation of field disturbance sensors in the
46 GHz band, the potential for interference would also increase.
Second, Vorad's argument does not address the cumulative effects of
multiple transmitters operating simultaneously within a service area.
Finally, 50 dB attenuation of the spurious emissions from transmitters
operating in the 24 GHz band results in an emission level that is
relatively close to the emission limit adopted in the Order for
spurious emissions from the 46 GHz band.
12. The Commission does not agree with Vorad's claims that harmonic
emissions from the 76 GHz system present the same, or greater,
interference potential to 94 GHz and 140 GHz systems as sensors
operating in the 46 GHz band, even if the 76 GHz devices use frequency
doublers or triplers to achieve the fundamental emission. If, as
suggested by Vorad, the 76 GHz systems generate their fundamental
emissions through the use of a 25.5 GHz oscillator, the third harmonic
is at 76.5 GHz, the fourth harmonic is at 102 GHz, the fifth harmonic
is at 127.5 GHz, and the sixth harmonic is at 153 GHz. If the 76 GHz
systems generate their fundamental emissions through the use of a 38.25
GHz oscillator, the second harmonic is at 76.5 GHz, the third harmonic
is at 114.75 GHz, and the fourth harmonic is at 153 GHz. In every case,
the harmonic emissions from the 76 GHz system are well removed from the
94 GHz and 140 GHz bands. While Vorad also argues that the wider
bandwidth of the 76 GHz system will result in spurious emissions
covering a larger bandwidth, as compared to systems in the 46 GHz band,
this wider bandwidth is not sufficient to cause the harmonic emissions
to fall within the 94 GHz or 140 GHz bands.
13. We decline to permit a higher spurious emission level for field
disturbance sensors operating in the 46 GHz band. Accordingly, the
Petition for Reconsideration of Vorad Safety Services, Inc. is denied.
14. The Commission is taking this opportunity to correct two
typographical errors contained in the Order in this proceeding. Section
15.215(a) is being amended to reflect the two new rule Secs. 15.253 and
15.255 covering operations above 40 GHz. Section 15.215 notes the
exceptions to the general emission limits contained in Sec. 15.209 and
should have been amended in the Order. Section 15.31(f)(1) is also
being corrected to reflect that the inverse linear-distance-squared
extrapolation factor (40 dB per decade) for measurements above 40 GHz
applies only to measurements performed in the near field. In response
to the Second Notice of Proposed Rule Making, 61 FR 14041, March 29,
1996, in this proceeding, Epsilon Lambda, General Motors and Vorad
expressed concern that measurements at the specified distance of 3
meters could result in measurements in the near field, requiring the
use of an inverse linear-distance-squared extrapolation factor (40 dB
per decade) instead of inverse linear-distance (20 dB per decade), as
previously specified in the rules. The Commission agreed with these
comments but inadvertently stated that all measurements above 40 GHz
could be made at a distance greater than 3 meters using an inverse
linear-distance-squared extrapolation factor, even if the measurements
were not being performed in the near field. However, the inverse
linear-distance-squared factor correctly extrapolates the change in
signal level versus distance when measurements are made in the near
field, whereas the inverse linear-distance factor correctly
extrapolates the change in signal level versus distance when
measurements are made in the far field. The use of the inverse linear-
distance-squared extrapolation factor under all measurement conditions
could permit a manufacturer to increase measurement distance until the
results demonstrated compliance, even though the emissions exceed the
limit when the product is measured at a shorter distance. Accordingly,
the rules are being amended to indicate that the use of an inverse
linear-distance-squared extrapolation factor applies only to near-field
measurements. Measurements in the far field will continue to be
extrapolated employing an inverse linear-distance extrapolation factor.
15. In accordance with the above discussion and pursuant to the
authority contained in Sections 4(i), 302, 303(e), 303(f), 303(g),
303(r), and 405 of the Communications Act of 1934, as amended, it is
ordered that the Petition for Reconsideration filed by Cutler-Hammer,
Inc., as supplemented, to permit operation of low power, fixed field
disturbance sensors in the 60 GHz band is granted as described below by
the amendments to part 15 of the Commission's Rules and Regulations are
amended as shown below, effective September 26, 1997.
16. It is further ordered That the Petition for Reconsideration
filed by Vorad Safety Systems, Inc., is denied.
Final Regulatory Flexibility Analysis
17. As required by Section 603 of the Regulatory Flexibility Act, 5
U.S.C. 603 (``RFA''), an Initial Regulatory Flexibility Analysis
(``IRFA'') was incorporated into the Notice of Proposed Rule Making
(``NPRM'') in ET Docket No. 94-124.1 The Commission sought
written public comments on the proposals in the NPRM, including the
IRFA. The Commission's Final Regulatory Flexibility Analysis (``FRFA'')
in this Memorandum Opinion and Order conforms to the RFA, as amended by
the Contract with America Advancement Act of 1996 (CWAAA), Public Law
104-121, 110 Stat. 847 (1996).2
---------------------------------------------------------------------------
\1\ See 9 FCC Rcd 7078 (1994), 59 FR 61304, November 30, 1994.
\2\ Subtitle II of the CWAAA is ``The Small Business Regulatory
Enforcement Fairness Act of 1996'' (SBREFA), codified at 5 U.S.C.
601 et seq.
---------------------------------------------------------------------------
18. Need for and Objective of the Rules. Our objectives are to
permit the operation within the 59-64 GHz band of fixed field
disturbance sensors in an industrial environment. These products were
prohibited under the Order in ET Docket No. 94-124.3
---------------------------------------------------------------------------
\3\ See 11 FCC Rcd 4481 (1995), 61 FR 14041, March 29, 1996.
---------------------------------------------------------------------------
19. Summary of Significant Issues Raised by Public Comments in
Response to the IRFA. No comments were submitted in direct response to
the IRFA. However, Cutler-Hammer, Inc. filed a Petition for
Reconsideration requesting that the Commission amend its rules to
permit the operation within the 59-64 GHz band of fixed field
disturbance sensors in an industrial environment. No comments were
filed in response to this petition.
20. Description and Estimate of the Number of Small Entities to
Which the Rules Will Apply. For the purposes of this Memorandum Opinion
and Order, the RFA defines a ``small business'' to be the same as a
``small business concern'' under the Small Business Act, 15 U.S.C. 632,
unless the Commission
[[Page 45333]]
has developed one or more definitions that are appropriate to its
activities.4 Under the Small Business Act, a ``small
business concern'' is one that: (1) Is independently owned and
operated; (2) is not dominant in its field of operation; and (3) meets
any additional criteria established by the Small Business
Administration (SBA).5 Since the Regulatory Flexibility Act
amendments were not in effect until the record in this proceeding was
closed, the Commission did not 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 in addition to Cutler-Hammer, Inc.
---------------------------------------------------------------------------
\4\ See 5 U.S.C. 601(3) (incorporating by reference the
definition of ``small business concern'' in 5 U.S.C. 632).
\5\ See 15 U.S.C. 632.
---------------------------------------------------------------------------
21. The Commission has not developed a definition of small entities
applicable to unlicensed communications devices. Therefore, we will
utilize the SBA definition applicable to manufacturers of Radio and
Television Broadcasting and Communications Equipment. According to the
SBA regulations, unlicensed transmitter manufacturers must have 750 or
fewer employees in order to qualify as a small business
concern.6 Census Bureau data indicates that there are 858
U.S. companies 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.7
The Census Bureau category is very broad, and specific figures are not
available as to how many of these firms will manufacture unlicensed
communications devices. However, we believe that many of them may
qualify as small entities.
---------------------------------------------------------------------------
\6\ See 13 CFR 121.201, (SIC) Code 3663.
\7\ See U.S. Dept. of Commerce, 1992 Census of Transportation,
Communications and Utilities (issued May 1995), SIC category 3663.
---------------------------------------------------------------------------
22. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements. Our new rules permit the introduction of a new
type of equipment which will operate in the 59-64 GHz band. As with
other communications equipment already permitted to operate within this
frequency band, the transmitter must be authorized under the
Commission's certification procedure. No changes were made to the
standards that must be met by the equipment or the reporting or
recordkeeping requirements.
23. Significant Alternatives and Steps Taken to Minimize
Significant Economic Impact on a Substantial Number of Small Entities
Consistent with Stated Objectives. No alternatives or other steps were
addressed in this proceeding.
24. Report to Congress. The Commission shall send a copy of this
Final Regulatory Flexibility Analysis, along with this Memorandum
Opinion 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, Highway safety, Radio.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Title 47 of the Code of Federal Regulations, Part 15, 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 15.31 is amended by revising paragraph (f)(1) to read as
follows:
Sec. 15.31 Measurement standards.
* * * * *
(f) * * *
(1) At frequencies at or above 30 MHz, measurements may be
performed at a distance other than that specified provided:
Measurements are not made in the near field, and it can be demonstrated
that the signal levels to be measured at the distance employed can be
detected by the measurement equipment. Measurements shall not be
performed at a distance greater than 30 meters unless it can be
demonstrated that measurements at a distance of 30 meters or less are
impractical. When performing measurements at a distance other than that
specified, the results shall be extrapolated to the specified distance
using one of the following formulas: For measurements above 30 MHz that
are not performed in the near field, an inverse linear-distance
extrapolation factor (20 dB/decade); for measurements performed in the
near field, an inverse linear-distance-squared extrapolation factor (40
dB/decade).
* * * * *
3. Section 15.215 is amended by revising paragraph (a) to read as
follows:
Sec. 15.215 Additional provisions to the general radiated emission
limitations.
(a) The regulations in Secs. 15.217 through 15.255 provide
alternatives to the general radiated emission limits for intentional
radiators operating in specified frequency bands. Unless otherwise
stated, there are no restrictions as to the types of operation
permitted under these sections.
* * * * *
4. Section 15.255 is amended by revising paragraphs (a) and (b) to
read as follows:
Sec. 15.255 Operation within the band 59.0-64.0 GHz.
(a) Operation under the provisions of this section is not permitted
for the following products:
(1) Equipment used on aircraft or satellites; and
(2) Field disturbance sensors, including vehicle radar systems,
unless the field disturbance sensors are employed for fixed operation.
For the purposes of this section, the reference to fixed operation
includes field disturbance sensors installed in fixed equipment, even
if the sensor itself moves within the equipment.
(b) Within the 59-64 GHz band, emission levels shall not exceed the
following:
(1) For products other than fixed field disturbance sensors, the
power density of any emission shall not exceed 9 W/cm \2\ at a
distance of 3 meters;
(2) For fixed field disturbance sensors that occupy 500 MHz or less
of bandwidth and that are contained wholly within the frequency band
61.0-61.5 GHz, the power density of any emission within the band 61.0-
61.5 GHz shall not exceed 9 W/cm\2\ at a distance of 3 meters
and the power density of any emission outside of the 61.0-61.5 GHz
band, but still within the 59-64 GHz band, shall not exceed 9 nW/cm\2\
at a distance of 3 meters; and
(3) For fixed field disturbance sensors other than those operating
under the provisions of paragraph (b)(2) of this section, the peak
transmitter output power shall not exceed 0.1 mW and the peak power
density shall not exceed 9 nW/cm\2\ at a distance of 3 meters.
Note to paragraph (b): Equipment may be authorized and operated
on an interim basis under the provisions of this section provided it
complies with the Spectrum Etiquette parameters contained in the
December 13, 1996 submission from the Millimeter Wave Communications
Working Group in ET Docket 94-124. Copies of the submission are
available for inspection at the Federal Communications Commission
Reference Center (Room 239), 1919 M Street, N.W., Washington, D.C.,
and may also be purchased from the Federal Communications
[[Page 45334]]
Commission's duplication contractor, International Transcription
Service, (202) 857-3800, 1231 20th Street, N.W., Washington, D.C.
20036. The submission is also available for viewing on the FCC's
internet website [http://www.fcc.gov/oet/dockets/et94-124/].
* * * * *
[FR Doc. 97-22550 Filed 8-26-97; 8:45 am]
BILLING CODE 6712-01-U
