[Federal Register Volume 63, Number 125 (Tuesday, June 30, 1998)]
[Proposed Rules]
[Pages 35558-35560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17314]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 90
[ET Docket No. 98-95; FCC 98-119]
Dedicated Short Range Communications of Intelligent
Transportation Services
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: The Commission is proposing to allocate 75 megahertz of
spectrum for use by Dedicated Short Range Communications (``DSRC'') of
Intelligent Transportation Systems (``ITS''). DSRC systems are being
designed that require a short range, wireless link to transfer
information between vehicles and roadside systems. ITS services are
expected to improve traveler safety, decrease traffic congestion, and
facilitate reduction of air pollution and conservation of fossil fuels.
This action furthers the goals of the U.S. Congress, Department of
Transportation and the ITS industry to improve the efficiency of the
Nation's transportation infrastructure and to facilitate the growth of
the ITS industry.
DATES: Comments are due September 14, 1998, reply comments are due
October 13, 1998.
FOR FURTHER INFORMATION CONTACT: Tom Derenge, Office of Engineering and
Technology, (202) 418-2451.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rule Making, ET Docket 98-95, FCC 98-119, adopted June 11,
1998, and released June 11, 1998 . 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 Notice of Proposed Rule Making
1. On May 19, 1997, the Intelligent Transportation Society of
America (``ITS America'') filed a Petition for Rulemaking
(``Petition'') requesting that the Commission allocate 75 megahertz of
spectrum in the 5.850-5.925 GHz band on a co-primary basis for DSRC-
based ITS services. The Petition states that DSRC links are needed for
eleven ITS user services and places DSRC needs into three categories:
current DSRC applications; emerging DSRC applications; and future DSRC
applications.
2. The 5.850-5.925 GHz band is allocated internationally on a
primary basis for Fixed Services, Fixed Satellite Service (``FSS'')
Earth-to-space links (``uplinks''), and Mobile Services. Additionally,
in Region 2, this band is allocated on a secondary basis to the Amateur
Radio Service and the Radiolocation Service. Finally, the 5.850-5.875
GHz segment is designated internationally for industrial, scientific
and medical (``ISM'') applications. Domestically, the entire band is
currently allocated on a co-primary basis for the Government's
Radiolocation Service (i.e., for use by high-powered military radar
systems) and for non-Government FSS uplink operations. ISM devices and
unlicensed part 15 devices are also permitted to operate in the 5.850-
5.875 GHz segment. Finally, the Amateur Radio Service has a secondary
domestic allocation in the entire band.
3. We propose to allocate 75 megahertz of spectrum, at 5.850-5.925
GHz, to the Mobile Service and to designate its use for DSRC
operations. We tentatively conclude that this significant amount of
proposed spectrum would further the goals of the National ITS program
and encourage the development of advanced technologies to increase the
safety and efficiency of the national transportation infrastructure
well into the future. Additionally, a 75 megahertz allocation should
enable avoidance of occupied frequencies in areas where incumbent use
is heavy and should be sufficient to meet the spectrum demands of
future DSRC operations, such as Automated Highway Systems, which could
require several dedicated wideband channels to ensure reliability. We
request comment on whether this proposed allocation is excessive given
that efficient spectrum use techniques exist and our goal of promoting
spectrum efficiency. We welcome alternative suggestions for an
allocation for DSRC.
4. We believe that spectrum sharing between FSS and DSRC operations
may be possible. However, we seek comment on the likely future needs
for this spectrum for FSS earth stations. In this regard, we note that
given the much higher power of FSS operations and the relatively low
power of DSRC operations, individual DSRC operations are unlikely to
cause harmful interference to incumbent FSS satellite operations. We
also do not expect that DSRC devices in the aggregate would negatively
impact existing or future FSS operations, particularly given that there
are several other potentially significant contributors to the overall
noise level in this band, such as government radars and ISM devices. We
request comment on this preliminary assessment. We also seek comment on
what, if any, effects the widespread deployment of DSRC devices could
have on future development of FSS operations in this band. In this
regard, we observe that widespread deployment of mobile devices,
including devices with potential public safety uses, could make it more
difficult to coordinate new FSS operations. We also seek comment on
whether there are any instances in which DSRC services might be
unacceptably impaired by FSS operations. We seek comment on whether
terrain shielding, directional antennas, RF fencing and other
techniques can be employed by DSRC operators to avoid receiving or
causing interference. Alternatively, should interference situations
arise where the two services are not compatible in a specific area or
over a range of frequencies, we request comment on the feasibility of
relocating the FSS operations to other geographic areas or frequency
bands using the principles outlined in the Emerging Technologies
[[Page 35559]]
rulemaking. That is, if the DSRC licensee needs spectrum used by an FSS
licensee, the DSRC entity would be responsible for the expense of
modifying the FSS uplink to another location or frequency and ensuring
that the FSS entity is able to achieve comparable operations.
5. Unlicensed low power operations in the 5.850-5.875 GHz segment
may be affected by this potential allocation. Although unlicensed
devices have no allocation status and are not protected by our rules,
we believe that the provision of hearing assistance devices to those
with disabilities is a valuable service in the public interest. At
present, any mobile part 15 hearing assistance device operating in the
5.850-5.875 GHz band could encounter interference problems from various
higher powered incumbent operations such as Government radar
operations, FSS and ISM operations. Therefore, we request comment on
whether the 5.850-5.875 GHz segment is currently being used for hearing
assistance device operations, the likelihood of any such future uses,
and whether any measures can or should be taken to protect such uses.
6. We acknowledge that amateur operations are permitted to operate
at up to 1.5 kW PEP output with high gain antennas which could
interfere with DSRC receivers if operated on similar frequencies in the
same geographic area. Nevertheless, amateur operations have access to
275 megahertz in the 5.650-5.925 GHz band and we believe any amateur
use of the 5.9 GHz range could be engineered to avoid DSRC operations.
Also, amateurs may be able to continue use of these frequencies in
rural areas where DSRC applications may not be extensively deployed. We
anticipate that any interference problems that may develop between
amateur stations and DSRC operations could be resolved by changing the
frequency of the amateur operation in order to protect primary status
operations or by other engineering techniques, such as power reduction
or directional antennas.
7. We tentatively conclude that DSRC-based ITS services can share
spectrum with incumbent operations in this frequency range. We request
comment on this issue and solicit further analysis of the spectrum
sharing potential between DSRC-based operations and the incumbent use
of the 5.850-5.925 GHz band.
8. We believe it is necessary to outline an order of responsibility
in resolving interference problems, if they occur. Specifically, we
note that DSRC operations are not likely to interfere with Government
radar operations and ISM operations, but the reverse may not always be
the case. We propose to require DSRC operations to accept interference
generated by ISM operations in this range, as is generally the case in
ISM bands. Additionally, we note that DSRC operations, Government radar
operations and FSS Earth-to-space operations would operate on a co-
primary basis in this frequency range. Therefore, we propose to place
the responsibility for coordination equally on each of those operations
through the Frequency Assignment Subcommittee of the Interdepartment
Radio Advisory Committee. As is generally the case with co-primary
services, any licensee initiating new or modified service in the band
would be required to avoid interference to existing operations.
Finally, secondary amateur operations would not be permitted to cause
harmful interference to primary licensed operations in this frequency
range. Nonetheless, to the extent that DSRC applications may operate on
an unlicensed basis under part 15, they would be required to avoid
causing interference to and cannot claim interference protection from
all operations with secondary and primary allocation status. We request
comment on this issue and encourage suggestions for alternative
approaches.
9. As is always the case for FCC approved devices, we will require
all DSRC equipment to comply with our RF safety guidelines. We believe
this level of protection is appropriate and will not result in the
generation of unsafe levels of RF energy. We request comment, on
whether any specific aspects of our RF safety guidelines are
inappropriate for the deployment of DSRC equipment.
10. We solicit comment and proposals for a channelization plan. We
encourage commenters and standards setting organizations to consider
and discuss the following factors in developing a DSRC channelization
plan: optimization of spectrum use; use of informal standards to
promote compatibility or interoperability of certain DSRC applications;
flexible channel options for emerging services; diversity of DSRC
services; and equipment affordability. For example, a proposed DSRC
channelization plan could provide for a few wideband channels for
certain purposes, such as backscatter automatic toll collection, and
reserve a number of narrowband channels for active transponder DSRC
services or other services with smaller data throughout requirements.
We request comment on whether provision for different channel
bandwidths for different data requirements or technologies would
significantly effect the viability or cost of DSRC equipment. Further,
we request comment specifically on whether to permit use of both
passive and active DSRC devices and on whether and how reliance on
informal DSRC technical standards, as opposed to Commission-adopted
standards, may facilitate a smoother transition or integration among
DSRC technologies.
Initial Regulatory Flexibility Certification, and Voluntary Initial
Regulatory Flexibility Analysis (Voluntary IRFA)
11. The Regulatory Flexibility Act (``RFA''),1 requires
that an initial regulatory flexibility analysis be prepared for notice-
and-comment rulemaking proceedings, unless the agency certifies that
``the rule will not, if promulgated, have a significant economic impact
on a substantial number of small entities.'' 2 The RFA
generally defines ``small entity'' as having the same meaning as the
terms ``small business,'' ``small organization,'' and ``small
government jurisdiction.'' In addition, the term ``small business'' has
the same meaning as the term ``small business concern'' under the Small
Business Act. A small business concern is one which: (1) is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
Small Business Administration (``SBA'').
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\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et. seq., has
been amended by the Contract With America Advancement Act of 1996,
Public Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the
CWAAA is the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA).
\2\ 5 U.S.C. 605(b).
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12. This Notice of Proposed Rule Making (``NPRM'') proposes to
allocate the 5.850-5.925 GHz band to the Private Land Mobile Service
(``PLMS'') for use by Dedicated Short Range Communications Services
(``DSRCS'') in the provision of Intelligent Transportation Services
(``ITS''). DSRCS communications are used for non-voice wireless
transfer of data over short distances between roadside and mobile radio
units, between mobile units, and between portable and mobile units to
perform operations related to the improvement of traffic flow, traffic
safety and other intelligent transportation service applications in a
variety of public and commercial environments. This action is taken in
response to a Petition for Rulemaking filed by the Intelligent
Transportation Society of America (``ITS America''). While this NPRM
does propose an allocation and some basic technical
[[Page 35560]]
parameters, the issues of licensing, channelization, and other complex
technical matters are being deferred to a later proceeding. Therefore,
because this present action will not result in the provision of these
operations, we certify that this action will not have a significant
economic impact on a substantial number of small entities.
13. Despite the certification, we have performed a voluntary
Initial Regulatory Flexibility Analysis (IRFA), below, to create a
fuller record in this proceeding and to give more information to
entities, small and not, that might be affected by our action. Written
public comments are requested on the IRFA. Comments must be identified
as responses to the IRFA and must be filed by the deadlines for
comments on the NPRM. The Commission's Office of Public Affairs,
Reference Operations Division, will send a copy of the NPRM, including
this certification and voluntary analysis, to the Chief Counsel for
Advocacy of the Small Business Administration.
A. Need for, and Objectives of, the Proposed Rules
14. The objective of this action is to provide sufficient spectrum
to permit the development of DSRCS technologies to improve the nation's
transportation infrastructure and bolster the involvement of United
States companies in this emerging industry.
B. Legal Basis
15. This action is taken pursuant to sections 4(i), 7(a), 303(c),
303(f), 303(g), and 303(r) of the Communications Act of 1934, as
amended, 47 U.S.C. Sec. 154(i), 157(a), 303(c), 303(f), 303(g), and
303(r).
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
16. The 5.85-5.925 GHz band is currently available to the U.S.
Federal Government for Radiolocation purposes, Fixed Satellite Service
licensees for international intercontinental links, amateur radio
operators and by various entities using part 18 Industrial, Scientific
and Medical (``ISM'') equipment and part 15 unlicensed device
equipment. We note that there are only 45 FSS licenses issued for
operation in 5.85-5.925 GHz band and most if not all are held by large
corporations. Further, amateur radio operators and the Federal
Government do not qualify as small entities. We also note that part 18
ISM devices are protected in this band, which only generate
electromagnetic energy, are not used for communication purposes and
therefore cannot receive interference or be impacted by this action.
Finally, while part 15 unlicensed devices are permitted to operate in
the 5.85-5.875 GHz portion, they do so on an unlicensed, unprotected
basis. Further, the Commission has no means to determine the number of
small entities that might use unlicensed part 15 equipment that
operates in the band at issue. The NPRM discusses means by which the
potential DSRCS would be able to share the spectrum with incumbent
operations and requests comment on ways to ensure such spectrum
sharing. Accordingly, we do not believe this action would have a
negative impact on small entities that operate in the 5.85-5.925 GHz
band, but nevertheless request comment on this assessment.
17. Regarding the Fixed Satellite Service licensees for
international intercontinental links, the Commission has not developed
a definition of small entities applicable to licensees in the
international services. Therefore, the applicable definition of small
entity is generally the definition under the SBA rules applicable to
Communications Services, Not Elsewhere Classified (NEC).3
This definition provides that a small entity is expressed as one with
$11.0 million or less in annual receipts.4 According to the
Census Bureau, there were a total of 848 communications services
providers, NEC, in operation in 1992, and a total of 775 had annual
receipts of less than $9,999 million.5 The Census report
does not provide more precise data.
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\3\ An exception is the Direct Broadcast Satellite (DBS)
Service.
\4\ 13 CFR 120.121, SIC code 4899.
\5\ 1992 Economic Census Industry and Enterprise Receipts Size
Report, Table 2D, SIC code 4899 (U.S. Bureau of the Census data
under contract to the Office of Advocacy of the U.S. Small Business
Administration).
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18. Regarding the future use of the 5.85-5.925 GHz band by DSRCS
equipment, we believe it is too early to make an determination on such
operations. A future rulemaking proceeding will propose further
technical standards, licensing and service rules and a separate
regulatory flexibility analysis will address all issues relevant to
that proceeding.
D. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements
19. We are proposing to allocate this spectrum for a new service.
The licensing and technical regulations governing these operations will
be addressed in a separate proceeding. Therefore, this proposed action
does not create any reporting or compliance requirements.
E. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
20. The NPRM proposes basic technical rules such as power limits,
unwanted emission limits and a frequency stability requirement. It also
requests comment on whether operational standards should be adopted to
facilitate nation-wide interoperability of DSRCS. The development of
DSRCS operational standards could delay the initial deployment of such
equipment, but could ultimately result in equal footing for all
manufacturers, including small entities, in producing equipment that
meets uniform standards. We request comment on further alternatives
that might minimize the amount of economic impact on small entities.
F. Federal Rules that May Duplicate, Overlap, or Conflict With the
Proposed Rules
21. None.
List of Subjects in 47 CFR Parts 2 and 90
Communications equipment, Radio.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 98-17314 Filed 6-29-98; 8:45 am]
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