[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 GHz500 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