[Federal Register Volume 63, Number 182 (Monday, September 21, 1998)]
[Proposed Rules]
[Pages 50185-50186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24909]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket 98-156; FCC 98-209]


Certification of Equipment in the 24.05-24.25 GHz band at Field 
Strengths up to 2500 mV/m

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: By this Notice of Proposed Rulemaking (``NPRM''), the Federal 
Communications Commission proposes to amend its rules to allow the 
operation of fixed point-to-point transmitters in the 24.05-24.25 GHz 
band at field strengths of up to 2500 mV/m, measured at 3 meters. 
Devices operating at these field strength levels will be required to 
use highly directionalized antennas to minimize the possibility of 
creating harmful interference to other services in the band. This 
action is taken in response to a Petition for Rulemaking (``Petition'') 
filed by Sierra Digital Communications, Inc. (``Sierra'').

DATES: Comments must be filed on or before December 7, 1998, and reply 
comments must be filed on or before January 4, 1999.

ADDRESSES: Address all comments concerning this proposed rule to the 
Commission's Secretary, Magalie Roman Salas, Office of the Secretary, 
FCC, 1919 M Street NW., Room 222, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Neal McNeil, Office of Engineering and 
Technology, (202) 418-2408, TTY (202) 418-2989, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making, ET Docket 98-156, FCC 98-209, adopted August 
21, 1998 and released September 1, 1998. The full text of this document 
is available for inspection and copying during regular business hours 
in the FCC Reference Center, Room 239, 1919 M Street, NW, Washington, 
DC. The complete text of this document also may be purchased from the 
Commission's duplication contractor, International Transcription 
Service, Inc., (202) 857-3800, 1231 20th Street, NW, Washington, DC 
20036.

Summary of Notice of Proposed Rulemaking

    1. Section 15.249 of the Commission's rules, 47 CFR 15.249, permits 
devices to operate in the 24.00-24.25 GHz band with field strengths up 
to 250 mV/m. However, in its Petition, Sierra notes

[[Page 50186]]

that Section 15.245 permits field disturbance sensors to operate in the 
central 100 MHz of this band, 24.075-24.175 GHz, with a field strength 
of up to 2500 mV/m. Sierra requests that the Commission amend Section 
15.249 to permit fixed point-to-point operations in the 24.00-24.25 GHz 
band at a field strength of 2500 mV/m. Under this proposal, peak 
emission limits would remain unchanged at 2500 mV/m. Sierra proposes 
that devices operating at this higher limit be required to use antennas 
with gains of at least 33 dBi. Higher antenna gains would be permitted 
if transmitter output power is reduced to maintain a maximum field 
strength of 2500 mV/m. According to Sierra, a directional antenna with 
a minimum gain of 33 dBi will produce a smaller area of potential 
interference than an omnidirectional antenna operating at 250 mV/m.
    2. We tentatively conclude that the rule changes requested by 
Sierra will provide additional flexibility to establish point-to-point 
operations under part 15 and will not pose an increased risk of 
interference to other users of the spectrum. We observe that Sierra is 
requesting to operate at the same signal levels that are already 
permitted for part 15 field disturbance sensors that operate in the 
24.075-24.175 GHz band segment. We do not believe that granting 
Sierra's request will pose any greater risk of interference than these 
devices. Further, the services operating in the range of frequencies 
covered by Sierra's request are the same as those that exist in the 
24.075-24.175 GHz segment, except for the 24.00-24.05 GHz segment where 
there is a primary allocation for the Amateur Service and Amateur 
Satellite Service.
    3. The American Radio Relay League, Inc. (ARRL) filed comments in 
opposition to Sierra's Petition. ARRL objects to the proposal on the 
basis of potential interference to Amateur operations, particularly 
Amateur Satellite operations. We do not believe that ARRL has 
demonstrated that there will be a significant risk of interference to 
Amateur operations in the 24.05-24.25 GHz band segment. The point-to-
point operations proposed by Sierra will still use relatively low 
powers and will be highly directional. If interference occurs to 
Amateur operations, it would be relatively simple to identify the 
source due to the fixed use of the part 15 operations. Furthermore, we 
believe that the risk of interference remains substantially less than 
from industrial, scientific, and medical (ISM) equipment that is 
permitted to operate in the 24.00-24.25 GHz band without any radiated 
emissions limits.
    4. At the same time, we are concerned that Amateur Satellite 
operations in the 24.00-24.05 GHz band segment rely on the reception of 
weak signals. We note that Sierra suggests imposing additional 
conditions to facilitate sharing the 24.00-24.05 GHz band segment. 
However, we are not convinced that the conditions suggested by Sierra 
will provide sufficient protection to amateur satellite operations. 
Further, it does not appear that disallowing use of the 24.00-24.05 GHz 
segment would have a significant impact on part 15 point-to-point 
operations. Therefore, we are not proposing to permit point-to-point 
operations as requested by Sierra in the 24.00-24.05 GHz segment.

Initial Regulatory Flexibility Analysis

    5. As required by Section 603 of the Regulatory Flexibility Act, 5 
U.S.C. Sec. 603, the Commission has prepared an Initial Regulatory 
Flexibility Analysis (IRFA) of the expected significant economic impact 
on small entities by the policies and rules proposed in this Notice of 
Proposed Rule Making (``NPRM''). 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 provided above. 
The Commission shall send a copy of this NPRM, including the IRFA, to 
the Chief Counsel for Advocacy of the Small Business Administration in 
accordance with paragraph 603(a) of the Regulatory Flexibility Act.

A. Reason for Action

    6. This rule making proceeding is initiated to obtain comment 
regarding proposed changes to the regulations for non-licensed 
transmitters. The Commission seeks to determine if the standards should 
be amended as sought in the Petition for Rulemaking (``Petition'') 
filed by Sierra Digital Communications, Inc.

B. Legal Basis

    7. The proposed action is taken pursuant to Sections 4(i), 301, 
302, 303(e), 303(f), and 303(r) of the Communications Act of 1934, as 
amended, 47 U.S.C. Sections 154(i), 301, 302, 303(e), 303(f), and 
303(r).

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    8. For the purposes of this NPRM, the RFA defines a ``small 
business'' to be the same as a ``small business concern'' under the 
Small Business Act, 15 U.S.C. 632, unless the Commission has developed 
one or more definitions that are appropriate to its activities. See 5 
U.S.C. 601(3). Under the Small Business Act, a ``small business 
concern'' is one that: (1) is independently owned and operated; (2) is 
not dominant in its field of operation; and (3) meets any additional 
criteria established by the Small Business Administration (SBA). See 15 
U.S.C. 632. SBA has defined a small business for Standard Industrial 
Classification (SIC) category 4812 (Radiotelephone Communications) to 
be small entities when they have fewer than 1500 employees. See 13 CFR 
121.201. Given this definition, nearly all such companies are 
considered small.

D. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements

    9. Part 15 transmitters are already required to be authorized under 
the Commission's certification procedure as a prerequisite to marketing 
and importation. The changes proposed in this proceeding would not 
change any of the current reporting or recordkeeping requirements. 
Further, the proposed regulation adds permissible methods of operation 
and would not require the modification of any existing products.

E. Significant Alternatives to Proposed Rules Which Minimize 
Significant Economic Impact on Small Entities and Accomplish Stated 
Objectives

    10. None.

F. Federal Rules that May Duplicate, Overlap, or Conflict With the 
Proposed Rule

    11. None.

List of Subjects in 47 CFR Part 15

    Communications equipment.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 98-24909 Filed 9-18-98; 8:45 am]
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