[Federal Register Volume 59, Number 229 (Wednesday, November 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29193]


[[Page Unknown]]

[Federal Register: November 30, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 15

[ET Docket No. 94-124; FCC 94-273]

 

Use of Radio Frequencies Above 40 GHz for New Radio Applications

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This Notice of Proposed Rule Making (Notice) proposes to open 
for commercial development and use a portion of the ``millimeter wave'' 
frequency bands above 40 GHz. This proposal is necessary because the 
existing FCC rules generally do not permit operation above 40 GHz. 
Recent advances in technology indicate that commercial use of these 
frequencies is feasible. The Commission believes the proposals set 
forth in the Notice will stimulate new applications of radio technology 
for the American public, facilitate technology transfer from the 
military sector, and create opportunities for economic growth and jobs.

DATES: Comments must be submitted on or before January 30, 1995 and 
reply comments on or before March 1, 1995.

ADDRESSES: Federal Communications Commission, 1919 M Street, N.W., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Please send an electronic mail message 
via the internet to [email protected], or contact either Dr. Michael J. 
Marcus, Office of Engineering and Technology, (202) 653-8110 or Richard 
Engelman, Office of Engineering and Technology, at (202) 653-6289.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making in ET Docket No. 94-124, FCC 94-273, adopted 
October 20, 1994, and released November 8, 1994. The full text of this 
decision is available for inspection and copying during normal business 
hours in the FCC Dockets Branch (Room 230), 1919 M Street, N.W., 
Washington, DC. The complete text of this decision also may be 
purchased from the Commission's duplicating contractor, International 
Transcription Services, Inc., at (202) 857-3800, 2100 M Street, N.W., 
Suite 140, Washington, DC 20037.

Synopsis of Notice of Proposed Rule Making

    1. The Commission is proposing to open for commercial development 
and use a portion of the millimeter wave frequency bands above 40 GHz. 
In particular, the Commission proposes to make available a total of 16 
GHz of spectrum in the frequency range between 47.2 and 153 GHz on a 
shared basis with existing and future government users. The Commission 
also proposes to make available 2 GHz of Spectrum in the 40.5-42.5 GHz 
band for non-government users.
    2. These new frequency bands will permit the development of short-
range wireless radio systems with communications capacities approaching 
that now achievable only with coaxial and optical fiber cable. Such 
systems could support many short-range applications that require very 
high bandwidth or data transfer rates. Uses could include applications 
involving the National Information Infrastructure (NII); educational or 
medical applications such as remote wireless access to libraries or 
other informational databases; and non-communications uses such as 
automobile radar systems to avoid collisions. The proposed rules 
provide for the operation of such systems on both a licensed and an 
unlicensed basis. The Commission is also proposing technical standards 
for millimeter wave band equipment and operation.
    3. All of the spectrum above 40 GHz, with the exception of the 
40.5-42.5 GHz band, several Amateur Radio Service allocations, and a 
Government satellite allocation, is allocated on a shared basis to 
government and non-government use, and most of the bands that the 
Commission is proposing to open for commercial use will continue to be 
available for existing and future government use. Thus, in cooperation 
with the Department of Commerce's National Telecommunications 
Information Administration (NTIA), the Commission is proposing twelve 
frequency bands in the region of the spectrum from 47 GHz to 153 GHz 
for potential use by new millimeter wave technologies. These frequency 
bands are: 47.2-48.2 GHz, 59.0-64.0 GHz, 71.0-72.0 GHz, 76.0-77.0 GHz, 
84.0-85.0 GHz, 94.7-95.7 GHz, 103.0-104.0 GHz, 116.0-117.0 GHz, 122.0-
123.0 GHz, 126.0-127.0 GHz, 139.0-140.0 GHz, and 152.0-153.0 GHz. The 
Commission is also proposing to permit commercial use in the 40.5-42.5 
GHz band which is already allocated entirely to nongovernment use.
    4. The Commission is tentatively proposing an approximately even 
division of available spectrum between licensed and unlicensed users, 
with unlicensed users further divided between general unlicensed 
devices and unlicensed vehicular radar systems.
    5. The extremely limited propagation range of the 59-64 GHz-band, 
as well as higher millimeter wave frequency bands, suggests that major 
portions of those bands be designated for general use by unlicensed 
devices. Therefore, the Commission is proposing to provide the 
following frequency bands for unlicensed operations under Part 15 of 
our rules: 59-64 GHz, 71.5-72.0 GHz, 84.5-85.0 GHz, 103.5-104.0 GHz, 
116.5-117.0 GHz, 122.5-123.0 GHz, 126.5-127.0 GHz, and 152.5-153.0 GHz. 
This would provide 3.5 GHz in seven of the frequency bands and 5 GHz in 
an eighth band, for a total of 8.5 GHz for general unlicensed 
operations.
    6. Based on the demand for licensed services below 40 GHz, the 
Commission is proposing to designate all of the 40.5-42.5 GHz band and 
virtually all of the 47.2-48.2 GHz band for licensed use, except for a 
small portion that would be designated for vehicular radar use. 
Similarly, the Commission is proposing that portions of the bands above 
64 GHz that are not designated for vehicular radar use be designated 
for licensed use. In particular, the Commission is proposing to provide 
spectrum for licensed services in each of the following bands: 40.5-
42.5 GHz, 47.4-48.2 GHz, 71.0-71.5 GHz, 84.0-84.5 GHz, 103.0-103.5 GHz, 
116.0-116.5 GHz, 122.0-122.5 GHz, 126.0-126.5 GHz and 152.0-152.5 GHz. 
The Notice proposed that the licensing rules be contained in 47 CFR 
Part 21 and that the rules be similar to those proposed in Notice of 
Proposed Rulemaking, Order, Tentative Decision and Order on 
Reconsideration, CC Docket No. 92-297, 58 FR 6400.
    7. The Commission is proposing to designate three of the millimeter 
wave bands, as well as part of the fourth band, for use by vehicular 
radar systems. These bands are: 47.2-47.4 GHz, 76.0-77.0 GHz, 94.7-95.7 
GHz, and 139.0-140.0 GHz.
    8. The Initial Regulatory Flexibility Analysis is contained in the 
text of the Notice.
    9. Pursuant to applicable procedures set forth in Sections 1.415 
and 1.419 of the Commission's Rules, 47 CFR Sections 1.415 and 1.419, 
interested parties may file comments on or before January 30, 1995 and 
reply comments on or before March 1, 1995. To file formally in this 
proceeding, you must file an original and four copies of all comments, 
reply comments, and supporting comments. If you want each Commissioner 
to receive a personal copy of your comments, you must file an original 
plus nine copies. You should send comments and reply comments to Office 
of the Secretary, Federal Communications Commission, Washington, D.C. 
20554. Comments and reply comments will be available for public 
inspection during regular business hours in the FCC Reference Center, 
Room 239, 1919 M Street, N.W., Washington, D.C. 20554.
    10. This is a non-restricted notice and comment rule making 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided they are disclosed as provided in the 
Commission's Rules. See generally 47 CFR Sections 1.1202, 1.1203, and 
1.1206(a).
    11. For further information on this proceeding please send an 
electronic mail message via the internet to [email protected], or contact 
either Dr. Michael J. Marcus, Office of Engineering and Technology, 
(202) 653-8110 or Richard Engelman, Office of Engineering and 
Technology, at (202) 653-6289.

List of Subjects

47 CFR Part 2

    Communications equipment, Radio.

47 CFR Part 15

    Communications equipment, Highway safety, Radio.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Amendatory Text

    Title 47 of the Code of Federal Regulations, Parts 2 and 15, are 
proposed to be amended as follows:

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. Sections 154, 154(i), 302, 303, 
303(r), and 307, unless otherwise noted.

    2. In Sec. 2.106, in the 76-81 GHz band revise columns 4 and 6, and 
in the 40.5-42.5 GHz, 47.2-50.2 GHz, 59-64 GHz, 71-74 GHz, 84-86 GHz, 
92-95 GHz, 95-100 GHz, 102-105 GHz, 116-126 GHz, 126-134 GHz, 134-142 
GHz, and 151-164 GHz bands, revise column 6, to read as follows:


Sec. 2.106  Table of frequency allocations.

 * * * * *

                                                                                                                                                        
                       International table                                    United States table                         FCC use designators           
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Government          Non-government                                               
 Region 1-allocation   Region 2-allocation   Region 3-allocation --------------------------------------------     Rule part(s)           Special-use    
         GHz                   GHz                   GHz             Allocation GHz        Allocation GHz                                frequencies    
(1)                   (2)                   (3)                   (4)                   (5)                   (6)                   (7)                 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
40.5-42.5             BROADCASTING-         ....................  40.5-42.5             40.5-42.5             DOMESTIC PUBLIC                           
                       SATELLITE.                                                       BROADCASTING-          FIXED (21)                               
                      /BROADCASTING./                                                    SATELLITE.                                                     
                      Fixed.                                                            /BROADCASTING./                                                 
                      Mobile                                                            Fixed.                                                          
                                                                                        Mobile                                                          
                                                                                                                                                        
                      ....................  ....................  US211                 US211                 ....................  ....................
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
47.2-50.2             FIXED.                ....................  47.2-50.2             47.2-50.2             RADIO FREQUENCY                           
                      FIXED-SATELLITE                             FIXED                 FIXED                  DEVICES (15)                             
                       (Earth-to-space)                           FIXED-SATELLITE       FIXED-SATELLITE       DOMESTIC PUBLIC                           
                       901.                                        (Earth-to-space)      (Earth-to-space)      FIXED (21)                               
                      MOBILE 905                                  MOBILE                MOBILE                                                          
                      904                                         904 US264 US297       904 US264 US297                                                 
                                                                                                                                                        
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
59-64                 FIXED                 ....................  59-64.                59-64.                RADIO FREQUENCY                           
                      INTER-SATELLITE                             FIXED                 FIXED                  DEVICES (15)                             
                      MOBILE 909                                  INTER-SATELLITE       INTER-SATELLITE                                                 
                      RADIOLOCATION                               MOBILE 909            MOBILE 909                                                      
                      910                                         RADIOLOCATION         RADIOLOCATION                                                   
                      911                                         910                   910                                                             
                                                                  911                   911                                                             
                                                                                                                                                        
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
71-74                 FIXED                 ....................  71-74                 71-74                 DOMESTIC PUBLIC                           
                      FIXED-SATELLITE                             FIXED                 FIXED                  FIXED (21)                               
                       (Earth-to-space)                           FIXED-SATELLITE       FIXED-SATELLITE       RADIO FREQUENCY                           
                      MOBILE                                       (Earth-to-space)      (Earth-to-space)      DEVICES (15)                             
                      MOBILE-SATELLITE                            MOBILE                MOBILE                                                          
                       (Earth-to-space)                           MOBILE-SATELLITE      MOBILE-SATELLITE                                                
                      906                                          (Earth-to-space)      (Earth-to-space)                                               
                                                                  US 270                US 270                                                          
                                                                                                                                                        
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
76-81                 RADIOLOCATION         ....................  76-81                 76-81                 RADIO FREQUENCY                           
                      Amateur                                     RADIOLOCATION         RADIOLOCATION          DEVICES (15)                             
                      Amateur-Satellite                           Space Research        Amateur               Amateur (97)                              
                      912                                          (space-to-Earth)     Amateur-Satellite                                               
                                                                  912                   912                                                             
                                                                                                                                                        
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
84-86                 FIXED                 ....................  84-86                 84-86                 FIXED                 DOMESTIC PUBLIC     
                      MOBILE                                      FIXED                                       MOBILE BROADCASTING    FIXED (21)         
                      BROADCASTING                                MOBILE                                      BROADCASTING-         RADIO FREQUENCY     
                      BROADCASTING                                                                             SATELLITE             DEVICES (15)       
                       SATELLITE                                                                                                                        
                      913                                                                                                                               
                      ....................  ....................  913US211              913US211              ....................  ....................
                                                                                                                                                        
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
92-95                 FIXED                 ....................  92-95                 92-95                 RADIO FREQUENCY                           
                      FIXED-SATELLITE                             FIXED                 FIXED                  DEVICES (15)                             
                       (Earth-to-space)                           FIXED-SATELLITE       FIXED-SATELLITE                                                 
                      MOBILE                                       (Earth-to-space)      (Earth-to-space)                                               
                      RADIOLOCATION                               MOBILE                MOBILE                                                          
                      914                                         RADIOLOCATION         RADIOLOCATION                                                   
                                                                  914                   914                                                             
                                                                                                                                                        
95-100                MOBILE 902            ....................  95-100                95-100                RADIO FREQUENCY                           
                      MOBILE-SATELLITE                            MOBILE 902            MOBILE 902             DEVICES (15)                             
                      RADIONAVIGATION                             MOBILE-SATELLITE      MOBILE-SATELLITE                                                
                      RADIONAVIGATION                             RADIONAVIGATION       RADIONAVIGATION                                                 
                       SATELLITE                                  RADIONAVIGATION-      RADIONAVIGATION-                                                
                      Radiolocation.                               SATELLITE             SATELLITE                                                      
                      903904                                      Radiolocation         Radiolocation                                                   
                                                                                                                                                        
                      ....................  ....................  903904                903904                ....................  ....................
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
102-105               FIXED                 ....................  102-105               102-105               DOMESTIC PUBLIC                           
                      FIXED-SATELLITE                             FIXED                 FIXED                  FIXED (21)                               
                       (space-to-Earth)                           FIXED-SATELLITE       FIXED-SATELLITE       RADIO FREQUENCY                           
                      722                                          (space-to-Earth)      (space-to-Earth)      DEVICES (15)                             
                                                                                                                                                        
                      ....................  ....................  722US211              722US211              ....................  ....................
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
116-126               EARTH EXPLORATION-    ....................  116-126               116-126               DOMESTIC PUBLIC       ....................
                       SATELLITE (passive)                        EARTH EXPLORATION-    EARTH EXPLORATION-     FIXED (21)           122.5 GHz  500 MHz;    
                      INTER-SATELLITE                             FIXED                 FIXED                  DEVICES (15)          Industrial,        
                      MOBILE 909                                  INTER-SATELLITE       INTER-SATELLITE                              scientific and     
                                                                  MOBILE. 909           MOBILE. 909                                  medical frequency. 
                                                                  SPACE RESEARCH        SPACE RESEARCH                                                  
                                                                   (passive)             (passive)                                                      
                      722915916             ....................  722915916US211US263   722915916US211US263   ....................  ....................
126-134               FIXED                 ....................  126-134               126-134               DOMESTIC PUBLIC       ....................
                      INTER-SATELLITE                             FIXED                 FIXED                  FIXED (21)                               
                      MOBILE 909                                  INTER-SATELLITE       INTER-SATELLITE       RADIO FREQUENCY                           
                      RADIOLOCATION                               MOBILE. 909           MOBILE. 909            DEVICES (15)                             
                      910                                         RADIOLOCATION         RADIOLOCATION                                                   
                                                                  910                   910                                                             
134-142               MOBILE 902            ....................  134-142               134-142               RADIO FREQUENCY                           
                      MOBILE-SATELLITE                            MOBILE 902            MOBILE 902             DEVICES (15)                             
                      RADIONAVIGATION-                            MOBILE-SATELLITE      MOBILE-SATELLITE                                                
                       SATELLITE                                  RADIONAVIGATION       RADIONAVIGATION                                                 
                      Radiolocation                               RADIONAVIGATION-      RADIONAVIGATION-                                                
                                                                   SATELLITE             SATELLITE                                                      
                                                                  Radiolocation                                                                         
                                                                                                                                                        
                      903917918             ....................  903917918             903917918             ....................  ....................
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
151-164               FIXED                 ....................  151-164               151-164               DOMESTIC PUBLIC       ....................
                      FIXED-SATELLITE                             FIXED                 FIXED                  FIXED (21)                               
                       (space-to-Earth)                           FIXED-SATELLITE       FIXED-SATELLITE       RADIO FREQUENCY                           
                                                                                                               DEVICES (15)                             
                      ....................  ....................  211                   211                   ....................  ....................
                                                                                                                                                        
                                                                                                                                                        
                                                                      * * * * * * *                                                                     

    3. Section 2.997 is revised to read as follows:


Sec. 2.997  Frequency spectrum to be investigated.

    (a) In all of the measurements set forth in Secs. 2.991 and 2.993, 
the spectrum shall be investigated from the lowest radio frequency 
signal generated in the equipment, without going below 9 kHz, up to at 
least the frequency shown below:
    (1) If the equipment operates below 10 GHz: to the tenth harmonic 
of the highest fundamental frequency or to 40 GHz, whichever is lower.
    (2) If the equipment operates at or above 10 GHz and below 30 GHz: 
to the fifth harmonic of the highest fundamental frequency or to 100 
GHz, whichever is lower.
    (3) If the equipment operates at or above 30 GHz: to the fifth 
harmonic of the highest fundamental frequency or to 200 GHz, whichever 
is lower.
    (b) Particular attention should be paid to harmonics and 
subharmonics of the carrier frequency as well as those frequencies 
removed from the carrier by multiples of the oscillator frequency. 
Radiation at the frequencies of multiplier stages should also be 
checked.
    (c) The amplitude of spurious emissions which are attenuated more 
than 20 dB below the permissible value need not be reported.
    (d) Unless otherwise specified, measurements above 40.5 GHz shall 
be performed using a minimum resolution bandwidth of 1 MHz.

PART 15--RADIO FREQUENCY DEVICES

    1. The authority citation for Part 15 continues to read as follows:

    Authority: Sec. 4, 302, 303, 304, and 307 of the Communications 
Act of 1934, as amended, 47 U.S.C. Sections 154, 302, 303, 304, and 
307.

    2. Section 15.33 is amended by revising paragraph (a) to read as 
follows:


Sec. 15.33  Frequency range of radiated measurements.

    (a) For an intentional radiator, the spectrum shall be investigated 
from the lowest radio frequency signal generated in the device, without 
going below 9 kHz, up to at least the frequency shown below:
    (1) If the intentional radiator operates below 10 GHz: to the tenth 
harmonic of the highest fundamental frequency or to 40 GHz, whichever 
is lower.
    (2) If the intentional radiator operates at or above 10 GHz and 
below 30 GHz: to the fifth harmonic of the highest fundamental 
frequency or to 100 GHz, whichever is lower.
    (3) If the intentional radiator operates at or above 30 GHz: to the 
fifth harmonic of the highest fundamental frequency or to 200 GHz, 
whichever is lower.
    (4) If the intentional radiator contains a digital device, 
regardless of whether this digital device controls the functions of the 
intentional radiator or the digital device is used for additional 
control or function purposes other than to enable the operation of the 
intentional radiator, the frequency range shall be investigated up to 
the range specified in paragraphs (a)(1) through (a)(3) of this section 
or the range applicable to the digital device, as shown in paragraph 
(b)(1) of this section, whichever is the higher frequency range of 
investigation.
* * * * *
    3. Section 15.35 is amended by revising paragraph (b) to read as 
follows:


Sec. 15.35  Measurement detector functions and bandwidths.

* * * * *
    (b) On any frequency or frequencies above 1000 MHz, unless 
otherwise stated, the radiated limits shown are based on the use of 
measurement instrumentation employing an average detector functions. 
When average radiated emission measurements are specified in the 
regulations, including emission measurements below 1000 MHz, there is 
also a limit on the radio frequency emissions, as measured using 
instrumentation with a peak detector function, corresponding to 20 dB 
above the maximum permitted average limit for the frequency being 
investigated. Unless otherwise specified, measurements above 1000 MHz 
shall be performed using a minimum resolution bandwidth of 1 MHz. 
Measurements of AC power line conducted emissions are performed using a 
CISPR quasi-peak detector, even for devices for which average radiated 
emission measurements are specified.
* * * * *
    4. Section 15.205 is amended by adding a new paragraph (d)(4) to 
read as follows:


Sec. 15.205  Restricted bands of operation.

* * * * *
    (d) * * *
    (4) Any equipment operated under the provisions of Sec. 15.253.
* * * * * *
    5. A new Sec. 15.253 is added to read as follows:


Sec. 15.253  Operation within the bands 47.2-47.4 GHz, 59.0-64.0 GHz, 
71.5-72.0 GHz, 76.0-77.0 GHz, 84.5-85.0 GHz, 94.7-95.7 GHz, 103.5-104.0 
GHz, 116.5-117.0 GHz, 122.5-123.0 GHz, 126.5-127.0 GHz, 139.0-140.0 GHz 
and 152.5-153.0 GHz.

    (a) Operation under the provisions of this section is not permitted 
on aircraft.
    (b) Operation within the bands 47.2-47.4 GHz, 76.0-77.0 GHz, 94.7-
95.7 GHz and 139.0-140.0 GHz is restricted to devices whose primary 
mode of operation is as a vehicular-mounted field disturbance sensor. 
The transmission of additional information, such as data, is permitted 
provided the primary mode of operation is as a vehicular-mounted field 
disturbance sensor.
    (c) The radiated emission limits above 47.2 GHz are as follows:
    (1) The power density of any emission within the bands specified in 
this section shall not exceed 200 nanowatts/square centimeter at 3 
meters, except that the power density of any transmitter used as a 
field disturbance sensor pursuant to paragraph (b) of this section 
shall not exceed 30 microwatts/square centimeter at 3 meters when the 
vehicle is moving at a minimum rate of one kilometer/hour.
    (2) The power density of any emissions outside the bands specified 
in this section shall not exceed 2 picowatts/square centimeter at 3 
meters.
    (3) Fundamental emissions must be contained within the frequency 
bands specified in this section during all conditions of operation. 
Equipment is presumed to operate over the temperature range -20 to +50 
degrees Celsius with an input voltage variation of 85% to 115% of rated 
input voltage, unless justification is presented to demonstrate 
otherwise.
    (4) The limits in this paragraph are based on instrumentation 
employing an average detector.
    (d) Radiated emissions below 47.2 GHz shall not exceed the general 
limits in Sec. 15.209. The provisions in Sec. 15.35 for averaging 
pulsed emissions and for limiting peak emissions apply. Further, the 
provisions in Sec. 15.205 that limit spurious emissions appearing in 
the restricted bands below 40 GHz also apply.

[FR Doc. 94-29193 Filed 11-29-94; 8:45 am]
BILLING CODE 6712-01-M