[Federal Register Volume 61, Number 96 (Thursday, May 16, 1996)]
[Proposed Rules]
[Pages 24749-24750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12216]



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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 15

[ET Docket No. 96-102; FCC 96-193]


Unlicensed NII/SUPERNet Operations in the 5 GHz Frequency Range

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: By this Notice of Proposed Rule Making (``NPRM''), the 
Commission proposes to make available 350 megahertz of spectrum at 
5.15--5.35 GHz and 5.725--5.875 GHz for use by a new category of 
unlicensed equipment, called NII/SUPERNet devices. These devices would 
provide short-range, high speed wireless digital communications on an 
unlicensed basis. The Commission anticipates that these NII/SUPERNet 
devices will support the creation of new wireless local area networks 
(``LANs'') and will facilitate wireless access to the National 
Information Infrastructure (``NII''). This action is in response to 
petitions for rule making filed by the Wireless Information Networks 
Forum (WINForum) and Apple Computer, Inc.

DATES: Comments must be filed on or before July 15, 1996 and reply 
comments must be filed on or before August 14, 1996.

ADDRESSES: Comments and reply comments should be sent to Office of the 
Secretary, Federal Communications Commission, Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Tom Derenge, Office of Engineering and 
Technology (OET), (202) 418-2451, or Fred Thomas, OET, (202) 418-2449.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making, ET Docket No. 96-102, FCC 96-193, adopted 
April 25, 1996 and released May 6, 1996. 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, NW, 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. 
Additionally, an electronic version of the text may be obtained from 
the World Wide Web at the URL:''http://www.fcc.gov/Bureaus/
Engineerin__Technology/Notices/''.

Summary of the Notice of Proposed Rule Making

    1. The Commission proposes to amend Part 15 of its rules and to 
make available 350 megahertz of spectrum at 5.15--5.35 GHz and 5.725--
5.875 GHz for use by a new category of unlicensed equipment, called 
NII/SUPERNet devices. This amount of spectrum should be sufficient to 
provide for a number of high-speed, wide-bandwidth, unlicensed 
operations in each geographical area to meet growing demand for data 
LANs. These devices may offer new opportunities for providing advanced 
telecommunications services to educational institutions, health care 
providers, libraries, businesses, and other users. These devices may 
thereby significantly assist in meeting the universal service goals and 
encouraging the provision of advanced telecommunications capabilities 
to all Americans as set forth in the Telecommunications Act of 1996. 
This action should also foster the development of a broad range of new 
devices and services that will stimulate economic development and the 
growth of new industries. The Commission feels that additional studies 
of spectrum sharing between the proposed unlicensed operations and 
existing and other proposed operations in the 5 GHz range would be 
useful and requests that interested parties address this matter in 
their comments.
    2. In order to permit maximum technical flexibility in the design 
and operation of NII/SUPERNet devices, the Commission proposes that 
such devices be subject to the minimum technical standards necessary to 
prevent interference to other services and to ensure that the spectrum 
is used efficiently. Specifically, the NPRM proposes to limit the peak 
equivalent isotropically radiated power (EIRP) for NII/SUPERNet devices 
to -10 dBW (0.1 watt), which would provide for typical communications 
distances of 50 to 100 meters. The Commission, however, does not 
propose at this time to accommodate the higher power, longer range 
(approximately 10-15 kilometer) communications links sought by the 
petitioners due to concerns that such higher power operations would 
pose unacceptable interference risks to other services, such as the 
fixed satellite service in the 5.10-5.25 GHz band, and would greatly 
limit the number of unlicensed operations within a local area. 
Nonetheless, comment is solicited on whether to permit such higher 
power operation at up to 1 watt of transmitter output power within the 
5.725-5.875 GHz band; whether to limit the maximum antenna gain; and 
whether higher power operations would be better accommodated on a 
licensed basis in this band or in other bands presently (or soon to be) 
available for licensed use (e.g., 2 GHz, 28 GHz, 38 GHz, or above 40 
GHz ranges).
    3. Furthermore, the NPRM proposes that all emissions occurring from 
NII/SUPERNet devices outside of the 5.15-5.35 GHz and 5.725-5.875 GHz 
bands be attenuated by at least 50 dB or to the radiated emission 
limits set forth in 47 CFR Sec. 15.209, whichever is the lesser 
attenuation. In addition, the NPRM proposes that any emissions 
occurring in the restricted bands (see 47 CFR Sec. 15.205) comply with 
the radiated emission limits set forth in 47 CFR Sec. 15.209. The 
Commission believes that these out-of-band emission limits will provide 
sufficient protection against harmful interference to adjacent band and 
harmonically related radio operations. Additionally, the NPRM proposes 
to amend Section 15.205 to delete the listing of 5.15-5.25 GHz as a 
restricted band. Further, to ensure that the emissions from digital 
circuitry employed with the NII/SUPERNet equipment do not cause harmful 
interference to lower frequency radio operations, the NPRM proposes to 
require that any such emissions below 1000 MHz comply with the general 
field strength limits set forth in Section 15.209.
    4. The NPRM does not at this time propose a channeling plan, in 
order to provide flexibility for equipment designers to develop devices 
and systems that will meet a wide variety of user needs. However, 
comment is solicited on whether a channel bandwidth (e.g., 25 MHz) 
should be established to ensure that the spectrum will be used 
efficiently and will be

[[Page 24750]]

accessible to users of NII/SUPERNet devices.
    5. The NPRM proposes a basic ``listen-before-talk'' interim 
etiquette similar to that established for unlicensed Data-PCS devices 
in order to expedite the development and introduction of NII/SUPERNet 
devices. However, the Commission encourages industry to develop any 
additional etiquette protocols that would increase spectrum efficiency 
and facilitate equal access to the spectrum by a variety of devices. 
Specifically, the proposed interim etiquette would require unlicensed 
devices: to monitor the frequencies they will occupy to determine if 
the frequencies are unused and available; to limit the maximum time 
unlicensed devices may transmit to 10 milliseconds; and to require 
unlicensed devices to wait after ceasing transmission 50 microseconds 
before beginning to monitor again. Comment is sought on whether these 
interim standards would be appropriate, and interested parties are 
invited to submit alternatives.
    6. The NPRM also proposes to establish sharing criteria between 
unlicensed NII/SUPERNet devices and incumbent and proposed licensed 
operations in the 5 GHz range. Specifically, the NPRM proposes that 
NII/SUPERNet devices not be deemed to cause interference to licensed 
services, provided that they operate in accordance with the 
Commission's technical rules and they are located indoors or employ an 
outdoor antenna that is mounted 15 meters or less above the ground. 
NII/SUPERNet devices with outdoor antennas higher than 15 meters would 
be required to cease operation or make some accommodation, such as 
limiting power, to eliminate any harmful interference caused to a 
licensed operation. Finally, consistent with unlicensed part 15 
operation, NII/SUPERNet devices must accept any interference caused by 
licensed services.

Initial Regulatory Flexibility Analysis

    1. Reason For Action: The Commission finds that there is a need for 
additional unlicensed spectrum for intentional radiators. This rule 
making proceeding is initiated to obtain comment regarding proposals to 
make spectrum in the 5 GHz band available for such purposes and to 
amend the part 15 rules to add the technical requirements necessary to 
permit sharing between the proposed new unlicensed devices and 
incumbent operations.
    2. Objective: The objective of this proposal is to provide adequate 
unlicensed spectrum for wideband applications, and to provide for the 
technical rules necessary for spectrum sharing and efficiency.
    3. Legal Basis: The proposed action is authorized by sections 4(i), 
303(c), 303(f), 303(g) and 303(r) of the Communications Act of 1934, as 
amended, 47 U.S.C. sections 154(i), 303(c), 303(f), 303(g) and 303(r). 
These provisions authorize the Commission to make such rules and 
regulations as may be necessary to encourage more effective use of 
radio as is in the public interest.
    4. Description, Potential Impact, and Number of Small Entities 
Affected: This proposal may provide new opportunities for radio 
manufacturers and suppliers of radio equipment, some of which may be 
small businesses, to develop and sell new equipment. The Commission is 
unable to quantify other potential effects on small entities. The NPRM 
invites specific comments on this point by interested parties.
    5. Reporting, Record Keeping, and Other Compliance Requirements: 
None.
    6. Federal Rules That Overlap, Duplicate, or Conflict With This 
Rule: None.
    7. Significant Alternatives: If promulgated, this proposal will 
provide additional unlicensed spectrum. The Commission is unaware of 
other alternatives which could provide sufficient spectrum in the 
immediate future. The NPRM solicits comment on this point.

List of Subjects in 47 CFR Part 15

    Radio,
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-12216 Filed 5-15-96; 8:45 am]
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