[Federal Register Volume 61, Number 64 (Tuesday, April 2, 1996)]
[Rules and Regulations]
[Pages 14500-14503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7689]



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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 15

[ET Docket No. 94-124; RM-8308; FCC 95-499]


Operation above 40 GHz

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: By this First Report and Order (``1st R&O''), the Commission 
adopts revisions to the frequency allocation table and establishes 
standards to permit the manufacture, importation and operation of 
vehicle-mounted radar system transmitters in the 46.7-46.9 GHz and 76-
77 GHz bands and of general use, unlicensed transmitters in the 59-64 
GHz band. Part of this action responds to petitions for rule making 
filed by General Motors Research Corporation (GM) and VORAD Safety 
Systems , Inc. (VORAD).

EFFECTIVE DATE: May 2, 1996. The suspension of Sec. 15.255 is effective 
until a final Commission decision is reached concerning appropriate 
spectrum etiquette techniques. FCC will publish notice of the final 
decision in the Federal Register.

FOR FURTHER INFORMATION CONTACT: John Reed, Office of Engineering and 
Technology, (202) 418-2455, Richard Engelman, Office of Engineering and 
Technology, (202) 418-2445, or Michael Marcus, Office of Engineering 
and Technology, (202) 418-2470, or send an electronic mail message via 
the Internet to [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 1st 
R&O, ET Docket 94-124, FCC 95-499, adopted December 15, 1995, and 
released December 15, 1995. 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. The complete text of this decision may also be purchased from the 
Commission's copy contractor, International Transcription Service, 
Inc., (202) 857-3800, 1919 M Street, N.W., Room 246 or 2100 M Street, 
N.W., Suite 140, Washington, D.C. 20037.

Summary of 1st R&O

    1. On October 20, 1994, the Commission adopted a Notice of Proposed 
Rule Making, 59 FR 61304, November 30, 1994, in this proceeding. The 
Commission proposed to open for commercial development and use a 
portion of the millimeter wave frequency bands above 40 GHz. In 
particular, the Commission proposed 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 
proposed to make available 2 GHz of spectrum in the 40.5-42.5 GHz band 
for non-government users.
    2. In cooperation with the Department of Commerce's National 
Telecommunications and Information Administration (NTIA), the 
Commission proposed twelve frequency bands in the region of the 
spectrum from 47 GHz to 153 GHz for potential use by new millimeter 
wave technologies. The 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 also proposed to 
designate three millimeter wave bands, as well as part of a 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.

[[Page 14501]]

    3. This 1st R&O makes available a total of 6.2 GHz of spectrum in 
the 46.7-46.9 GHz, 59-64 GHz, and 76-77 GHz bands for unlicensed 
devices. These new frequency bands and associated standards will permit 
the development of vehicle radar systems that could be used in 
conjunction with Intelligent Transportation Systems (ITS) and short-
range, high capacity wireless radio systems that could be used for 
educational and medical applications, wireless access to libraries or 
other information databases. Based on comments filed in this 
proceeding, the Commission believes that the frequency band 46.7-46.9 
GHz would be a better choice for vehicle radar operations in this 
region of the spectrum than our original proposal of 47.2-47.4 GHz. The 
use of this frequency band for vehicle radar systems addresses the 
concerns of Telecommunications Industry Association (TIA) and others, 
and will provide additional flexibility in our decisions regarding 
licensed operations. Therefore, we are making the 46.7-46.9 GHz and 76-
77 GHz bands available for vehicle radar systems. We are also making 
the 59-64 GHz band available for use by general unlicensed devices 
under Part 15 of our rules. Our decision is primarily motivated by the 
physical characteristics of the spectrum and widespread support for 
this aspect of our rule. We believe that licensing is not necessary 
because of the limited potential for interference due to oxygen 
absorption and the narrow beamwidth of point-to-point antennas likely 
to be operating in this range. Moreover, we believe that by providing a 
full 5 GHz bandwidth we will be making the spectrum more attractive for 
novel broadband applications such as wireless computer-to-computer 
communications.

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.

Rules Changes

    Title 47 of the Code of Federal Regulations, Parts 2 and 15, are 
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, 302, 303, and 307, 
unless otherwise noted.

    2. Section 2.106, the Table of Frequency Allocations, is amended by 
revising the frequency bands 43.5-47.0 GHz, 59-64 GHz, 76-81 GHz, to 
read as follows:


Sec. 2.106  Table of Frequency Allocations.

* * * * *

                                                                                                                
                 International table                        United States table          FCC use designators    
----------------------------------------------------------------------------------------------------------------
                                                         Government        Non-                                 
                      Region 2--        Region 3--    ---------------   Government                              
    Region 1--      allocation GHz    allocation GHz                 ---------------     Rule       Special-use 
  allocation GHz                                         Allocation     Allocation     part(s)      frequencies 
                                                            GHz            GHz                                  
(1)                (2)               (3)               (4)            (5)            (6)          (7)           
                                                                                                                
----------------------------------------------------------------------------------------------------------------
        *                  *                 *               *              *             *              *      
43.5-45.5          43.5-45.5         43.5-45.5         43.5-45.5      43.5-45.5                                 
MOBILE 902         MOBILE 902        MOBILE 902        FIXED-                                                   
                                                        SATELLITE                                               
MOBILE-SATELLITE   MOBILE-SATELLITE  MOBILE-SATELLITE    (Earth-to-                                             
                                                        space)                                                  
RADIONAVIGATION    RADIONAVIGATION   RADIONAVIGATION   MOBILE-                                                  
                                                        SATELLITE                                               
RADIONAVIGATION-   RADIONAVIGATION-  RADIONAVIGATION-    (Earth-to-                                             
 SATELLITE          SATELLITE         SATELLITE         space)                                                  
903                903               903               G117                                                     
45.5-47.0          45.5-47.0         45.5-47.0         45.5-47.0      45.5-47.0                                 
MOBILE 902         MOBILE 902        MOBILE 902        MOBILE         MOBILE         RADIO                      
                                                                                      FREQUENCY                 
                                                                                      DEVICES                   
                                                                                      (15)                      
MOBILE-SATELLITE   MOBILE-SATELLITE  MOBILE-SATELLITE  MOBILE-        MOBILE-                                   
                                                        SATELLITE      SATELLITE                                
RADIONAVIGATION    RADIONAVIGATION   RADIONAVIGATION     (Earth-to-     (Earth-to-                              
                                                        space)         space)                                   
RADIONAVIGATION-   RADIONAVIGATION-  RADIONAVIGATION-  RADIONAVIGATI  RADIONAVIGATI                             
 SATELLITE          SATELLITE         SATELLITE         ON-SATELLITE   ON-SATELLITE                             
                   903               ................  903            903                                       
        *                  *                 *               *              *             *              *      
59-64              59-64             59-64             59-64          59-64                                     
FIXED              FIXED             FIXED             FIXED          FIXED          Radio        61.25 GHz250    
                                                                                      devices      MHz:         
                                                                                      (15)         Industrial,  
                                                                                                   scientific   
                                                                                                   and medical  
                                                                                                   frequency    
INTER-SATELLITE    INTER-SATELLITE   INTER-SATELLITE   INTER-         INTER-                                    
                                                        SATELLITE      SATELLITE                                
MOBILE 909         MOBILE 909        MOBILE 909        MOBILE 909     MOBILE 909                                
RADIOLOCATION 910  RADIOLOCATION     RADIOLOCATION     RADIOLOCATION  RADIOLOCATION                             
911                911               911               911            911                                       

[[Page 14502]]
                                                                                                                
        *                  *                 *               *              *             *              *      
76-77              76-77             76-77             76-77          76-77                                     
RADIOLOCATION      RADIOLOCATION     RADIOLOCATION     RADIOLOCATION  RADIOLOCATION  RADIO                      
                                                                                      FREQUENCY                 
                                                                                      DEVICES                   
                                                                                      (15)                      
Amateur            Amateur           Amateur                          Amateur                                   
Amateur-Satellite  Amateur-          Amateur-                                                                   
                    Satellite         Satellite                                                                 
Space Research     Space Research    Space Research                                                             
 (space-to-Earth)   (space-to-        (space-to-                                                                
                    Earth)            Earth)                                                                    
77-81              77-81             77-81             77-81          77-81                                     
RADIOLOCATION      RADIOLOCATION     RADIOLOCATION                    RADIOLOCATION  Amateur                    
                                                                                      (97)                      
Amateur            Amateur           Amateur                          Amateur                                   
Amateur-Satellite  Amateur-          Amateur-                         Amateur-                                  
                    Satellite         Satellite                        Satellite                                
Space Research     Space Research    Space Research                                                             
 (space-to-Earth)   (space-to-        (space-to-                                                                
                    Earth)            Earth)                                                                    
                                                       912            912                                       


* * * * *
    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 to 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 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: Secs. 4, 302, 303, 304, 307, and 624A of the 
Communications Act of 1934, as amended, 47 U.S.C. Sections 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 equal to or above 30 MHz, measurements may be 
performed at a distance other than what is specified provided: 
measurements are not made in the near field; and, it can be 
demonstrated that the signal levels needed 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 further demonstrated that measurements at a 
distance of 30 meters or less are impractical. When performing 
measurements at a distance other than what is specified, the results 
shall be extrapolated to the specified distance using one of the 
following formulas: for measurements above 30 MHz but below 40 GHz, an 
inverse linear-distance extrapolation factor (20 dB/decade); for 
measurements above 40 GHz, an inverse linear-distance-squared 
extrapolation factor (40 dB/decade).
* * * * *
    3. 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 in this 
paragraph:
    (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.
* * * * *
    4. 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

[[Page 14503]]
stated, the radiated limits shown are based on the use of measurement 
instrumentation employing an average detector function. 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.
* * * * *
    5. 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 or 
Sec. 15.255.
* * * * *
    6. A new Sec. 15.253 is added to Subpart C to read as follows:


Sec. 15.253  Operation within the bands 46.7-46.9 GHz and 76.0-77.0 
GHz.

    (a) Operation within the bands 46.7-46.9 GHz and 76.0-77.0 GHz is 
restricted to vehicle-mounted field disturbance sensors used as vehicle 
radar systems. The transmission of additional information, such as 
data, is permitted provided the primary mode of operation is as a 
vehicle-mounted field disturbance sensor. Operation under the 
provisions of this section is not permitted on aircraft or satellites.
    (b) The radiated emission limits within the bands 46.7-46.9 GHz and 
76.0-77.0 GHz are as follows:
    (1) If the vehicle is not in motion, the power density of any 
emission within the bands specified in this section shall not exceed 
200 nW/cm \2\ at a distance of 3 meters from the exterior surface of 
the radiating structure.
    (2) For forward-looking vehicle-mounted field disturbance sensors, 
if the vehicle is in motion the power density of any emission within 
the bands specified in this section shall not exceed 60 W/cm 
\2\ at a distance of 3 meters from the exterior surface of the 
radiating structure.
    (3) For side-looking or rear-looking vehicle-mounted field 
disturbance sensors, if the vehicle is in motion the power density of 
any emission within the bands specified in this section shall not 
exceed 30 W/cm \2\ at a distance of 3 meters from the exterior 
surface of the radiating structure.
    (c) The power density of any emissions outside the operating band 
shall consist solely of spurious emissions and shall not exceed the 
following:
    (1) For vehicle-mounted field disturbance sensors operating in the 
band 46.7-46.9 GHz: 2 pW/cm \2\ at a distance of 3 meters from the 
exterior surface of the radiating structure.
    (2) For forward-looking vehicle-mounted field disturbance sensors 
operating in the band 76-77 GHz: 600 pW/cm \2\ at a distance of 3 
meters from the exterior surface of the radiating structure.
    (3) For side-looking or rear-looking vehicle-mounted field 
disturbance sensors operating in the band 76-77 GHz: 300 pW/cm \2\ at a 
distance of 3 meters from the exterior surface of the radiating 
structure.
    (4) Radiated emissions below 40 GHz shall not exceed the general 
limits in Sec. 15.209.
    (d) The provisions in Sec. 15.35 limiting peak emissions apply.
    (e) 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.
    (f) Regardless of the power density levels permitted under this 
section, devices operating under the provisions of this section must 
comply with the requirements of the RF safety standards specified in 
Sec. 1.1307(b) of this chapter. Compliance with these standards for the 
fundamental emissions and the unwanted emissions must be demonstrated 
in the application for certification.
    7. A new Sec. 15.255 is added to Subpart C and suspended 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 field disturbance sensors, including vehicle radar systems, nor is 
the operation of this equipment permitted on aircraft or satellites.
    (b) Within the 59.0-64.0 GHz band, the power density of any 
emission shall not exceed 9 W/cm \2\ at a distance of 3 
meters.
    (c) The power density of any emissions outside the 59.0-64.0 GHz 
band shall consist solely of spurious emissions and shall not exceed 90 
pW/cm \2\ at a distance of 3 meters. The levels of the spurious 
emissions shall not exceed the level of the fundamental emission.
    (d) Radiated emissions below 40 GHz shall not exceed the general 
limits in Sec. 15.209.
    (e) The provisions in Sec. 15.35 limiting peak emissions apply.
    (f) 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.
    (g) Regardless of the power density levels permitted under this 
section, devices operating under the provisions of this section must 
comply with the requirements of the RF safety standards specified in 
Sec. 1.1307(b) of this chapter. Compliance with these standards for the 
fundamental emissions and the unwanted emissions must be demonstrated 
in the application for certification. The use of professional 
installation to install the equipment is not sufficient to provide this 
demonstration.

[FR Doc. 96-7689 Filed 4-1-96; 8:45 am]
BILLING CODE 6712-01-P