[Federal Register Volume 64, Number 227 (Friday, November 26, 1999)]
[Rules and Regulations]
[Pages 66405-66410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30591]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 90

[ET Docket No. 98-95, FCC 99-305]


Dedicated Short Range Communications of Intelligent 
Transportation Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document allocates 75 megahertz of spectrum at 5.850-
5.925 GHz to the mobile service for use by Dedicated Short Range 
Communications (``DSRC'') systems operating in the Intelligent 
Transportation System (``ITS'') radio service. ITS services are 
expected to improve traveler safety, decrease traffic congestion, 
facilitate the reduction of air pollution, and help to conserve vital 
fossil fuels. DSRC systems are being designed that require a short 
range wireless link to transfer information between vehicles and 
roadside systems. We are also adopting basic technical rules 
establishing power limits, and unwanted emission limits for DSRC 
operations. These decisions will further the goals of the United States 
(``U.S.'') Congress and the Department of Transportation (``DOT'') to 
improve the efficiency of the Nation's transportation infrastructure 
and will facilitate the growth and development of the ITS industry.

EFFECTIVE DATE: December 27, 1999.

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

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, ET Docket 98-95, FCC 99-305, adopted October 21,1999, and 
released October 22, 1999. The full text of this Commission decision is 
available for inspection and copying during normal business hours in 
the FCC Reference Information Center, Room Cy-A257, 445 12th Street, 
S.W., Washington, D.C., and is available on the FCC's Internet site at 
www.fcc.gov/Bureaus/Engineering_Technology/_Orders/1999/. This 
document may also 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 Report and Order

    1. By this action, the Commission allocates 75 megahertz spectrum 
at 5.850-5.925 GHz to the mobile service for use by Dedicated Short 
Range Communications (``DSRC'') systems operating in the Intelligent 
Transportation System (``ITS'') radio service. ITS services are 
expected to improve traveler safety, decrease traffic congestion, 
facilitate the reduction of air pollution, and help to conserve vital 
fossil fuels. DSRC systems are being designed that require a short 
range wireless link to transfer information between vehicles and 
roadside systems. We are also adopting basic technical rules 
establishing power limits and unwanted emission limits for DSRC 
operations. The R&O defers consideration of licensing and service rules 
and spectrum channelization plans to a later proceeding because 
standards addressing such matters are still under development by the 
Department of Transportation. Once such standards are developed, the 
Commission could take whatever action is necessary to implement the 
standards related to DSRC use. The decisions made here will further the 
goals of the U.S. Congress and the DOT to improve the efficiency of the 
Nation's transportation infrastructure and will facilitate the growth 
and development of the ITS industry.
    2. On June 11, 1998, the Commission released the Notice of Proposed 
Rule Making (``NPRM'') in ET Docket No. 98-95, 63 FR 35558, June 30, 
1998, which proposed to allocate the 5.85-5.925 GHz band on a primary 
basis to the mobile service for use by DSRC-based ITS operations. ITS 
applications rely upon the integration of advanced communications 
systems and highway infrastructure systems. Communications are an 
essential component of the backbone of all ITS applications, which rely 
on the swift and accurate flow of information. While many ITS 
communications requirements are being met within the framework of 
existing telecommunications systems, the NPRM stated that there is a 
need for spectrum for reliable short-range wireless communications 
links between vehicles traveling at highway speeds and roadside 
systems, i.e., DSRC. Accordingly, the Commission proposed an allocation 
of 75 megahertz of spectrum near 5.9 GHz for DSRC operations and 
requested comment on various related matters.
    3. On June 9, 1998, the President signed the Transportation Equity 
Act for the 21st Century. Section 5206(f) of this Act states that 
``[t]he Federal Communications Commission shall consider, in 
consultation with the Secretary of Transportation, spectrum needs for 
the operation of intelligent transportation systems, including spectrum 
for the dedicated short-range vehicle-to-wayside wireless standard. Not 
later than January 1, 2000, the Federal Communications Commission shall 
have completed a rule making considering the allocation of spectrum for 
intelligent transportation systems.''
    4. The R&O recognizes the substantial efforts by both Government 
and non-Government entities to develop, in response to Congress' 
transportation legislation, a National ITS Plan and Architecture 
addressing ways of using communications technologies to increase the 
efficiency of the nation's transportation infrastructure. While some 
parties argue that other spectrum may be more appropriate for DSRC 
operations, the Commission found that the 5.85-5.925 GHz band can 
accommodate a wide variety of reliable DSRC applications without 
significantly hindering other users of this spectrum.

Spectrum Allocation

    5. Domestically, the entire 5.850-5.925 GHz 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 Fixed Satellite Service (``FSS'') uplink operations. 
Industrial, Scientific and Medical (``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.
    6. The R&O concludes that the 5.9 GHz range is appropriate for DSRC 
applications due to its potential compatibility with European and Asian 
DSRC developments, the availability of radio technology, signal 
propagation characteristics, and the available spectral capacity in 
this spectrum range. After carefully reviewing the record, we conclude 
that an allocation of spectrum in the 5.9 GHz region is the best 
available choice for DSRC applications. The record also demonstrates 
that the propagation characteristics of this region of the spectrum are 
well suited to the short range comunications of up to a mile that will 
typify DSRC operations. The ITS community has done research showing 
that the 5.85-5.925 GHz frequency band provides adequate range for DSRC

[[Page 66406]]

communications and reasonable frequency reuse distances.
    7. First, we note that DSRC applications are a key element in 
meeting the nation's transportation needs into the next century and in 
improving the safety of our nation's highways. The record submitted for 
DSRC deployment in the U.S. indicates a need for up to 32 different 
DSRC transactions, many of which will require two-way capabilities, 
wideband channels, and the need for multiple channels in a single 
location. We also note that not all channels will be available for DSRC 
deployment in all areas due to incumbent radar, ISM and FSS operations. 
Therefore, we find that 75 megahertz of DSRC spectrum within the United 
States is warranted due to the scope of the National ITS Architecture, 
the incumbent operations in this band in the U.S. and consideration 
DSRC developments domestically and internationally.
    8. The R&O also addresses, ITS compatibility issues with Canada and 
Mexico and concludes that our allocation is sufficient to promise 
interoperability with Canadian ITS developments. While discussions with 
Mexico are on-going, the Commission does not anticipate spectrum 
sharing problems with operations in Mexico. As service rules are 
developed and operations in these bands are more clearly defined, the 
need to develop coordination requirements in border areas will be 
considered. Nevertheless, the R&O encourages any entities addressing 
standards for ITS operations in the 5.9 GHz range to plan DSRC 
applications with the least potential for interference with Canadian 
operations for the 5.875-5.883 GHz and 5.908-5.925 GHz bands.
    9. The R&O concludes that the 5.85-5.925 GHz band is appropriate 
for DSRC-based ITS applications due to the variety of operations to be 
accommodated, the propagation characteristics of the band, the 
significant efforts of the Federal and state governments paired with 
industry to research ITS use in this band, and ITS developments 
internationally. Accordingly, the R&O allocates the 5.850-5.925 GHz 
band on a primary basis to the mobile service for use by DSRC-based ITS 
operations. In order to insure that mobile operations in this range are 
ITS related, the item adopts footnote NG160 to the Table of Frequency 
Allocations to read as follows:

    NG160: In the 5850-5925 MHz band, the use of the non-Federal 
government mobile service is limited to Dedicated Short Range 
Communications operating in the Intelligent Transportation System 
radio service.

Spectrum Sharing

    10. Government Radar Operations. The National Telecommunications 
and Information Administration (``NTIA'') urges the Commission to 
require DSRC operations within 75 kilometers of 65 possible radar 
locations to coordinate their operations through the Frequency 
Assignment Subcommittee of the Interdepartment Radio Advisory Committee 
(``IRAC''). DOT provides a study that indicates that DSRC operations 
could operate in close proximity to most high powered Government radar 
operations. The R&O concludes that sharing between DSRC and Government 
operations is possible if proper coordination is performed, and thus 
adopts the NTIA recommendation. Further, DSRC applications within these 
coordination areas cannot claim protection from existing radar 
operations, but new radar installations that may be deployed subsequent 
to DSRC implementation would have to coordinate with incumbent DSRC 
operations.
    11. FSS Operations. The R&O finds that DSRC applications would be 
compatible with FSS uplinks because FSS earth stations typically use 
highly directional antennas pointed towards the geostationary orbital 
arc, and DSRC applications would typically be pointed towards a highway 
and operate at relatively low power. It may be necessary in some cases 
for DSRC systems to avoid an area near an incumbent FSS earth station 
in order to avoid the high powered earth station transmission. 
Nonetheless, because of the limited number of FSS earth stations and 
their use of highly directional antennas, the R&O finds that spectrum 
sharing is feasible. At this time, the Commission does not anticipate 
that prior coordination is necessary between DSRC and FSS operations.
    12. Amateur Service Operations. The R&O concludes that DSRC 
operations in the 5.85-5.925 GHz band are unlikely to receive 
significant interference from or cause interference to amateur 
operations. Further, the R&O notes that amateur operations are 
secondary in this spectrum range. The R&O does not anticipate that a 
formal coordination procedure will be necessary because amateur 
operations are not extensively deployed, and due to the availability of 
interference remedies if they occur. The R&O encourage any ITS entities 
wishing to use the 5.85-5.925 GHz band to informally notify the ARRL or 
the local amateur service community of its intended operation.
    13. Unlicensed Hearing Assistance Devices. Resound filed comments 
stating that it is contemplating development of unlicensed low power 
hearing assistance devices in the 5.85-5.875 GHz band under the FCC's 
Part 15 rules. Even if the Commission were to preclude DSRC operations 
in the 5.85-5.875 GHz segment, the incumbent operations in this band 
already pose a significant interference environment for hearing 
assistance devices. The R&O recognizes that Resound's hearing 
assistance devices could be beneficial and encourage them to identify 
other spectrum that may be more appropriate for these devices.

Technical Requirements

    14. The Secretary of Transportation submitted, in satisfaction of 
the June 1, 1999 statutory requirement, a report to Congress 
identifying which standards are critical to national interoperability 
or standards development and specifying the status of the development 
of each standard identified. The R&O concludes that it would be 
beneficial at this time to adopt basic technical requirements to 
promote spectrum sharing and create a basic framework for the 
development of DSRC operational standards by industry. The Commission 
recognizes that the rules it adopts here may need to be reviewed at a 
later time as it develops licensing and service rules for DSRC systems.

Spectrum Channelization

    15. The R&O finds that a spectrum channelization plan would 
facilitate the efficient use of this spectrum and interoperability 
among various DSRC services. However, the record here is insufficient 
to devise a specific channel plan that would adequately address the 
spectrum requirements, both narrowband and broadband, of the various 
potential DSRC applications. This action invites the ITS industry and 
the DOT to consider the spectrum requirements of various DSRC 
applications and recommend a spectrum channel plan. The Commission will 
address this matter further in a future proceeding proposing licensing 
and service rules.

Power

    16. The Commission finds that it is important to establish some 
power limits for DSRC operations so that they can achieve widespread 
deployment, and typically power requirements need to be flexible enough 
to allow various DSRC applications to be developed. Most DSRC 
operations will use highly directional antennas to focus communications 
in an intended

[[Page 66407]]

direction (e.g., along the lane of a highway) and to promote frequency 
reuse. Therefore, the Commission has adopted the following power 
requirements for DSRC operations in the 5.85-5.925 GHz band:

    The peak transmit output power over the frequency band of 
operations shall not exceed 750 mW or 28.8 dBm with up to 16 dBi in 
antenna gain. If transmitting antennas of directional gain greater 
than 16 dBi are used, the peak transmit output power shall be 
reduced by the amount in dB that the directional gain of the antenna 
exceeds 16 dBi, i.e., the device's maximum EIRP shall not exceed 30 
W EIRP. However, the peak transmitter output power may be increased 
to account for any line losses due to long transmission cables 
between the transmitter and the DSRC device's antenna, provided the 
EIRP does not exceed 30 W.

The Commission finds that this power limit is sufficient to satisfy 
many DSRC applications, compensate for transmission line losses, 
promote the deployment of various types of applications, and provide a 
high degree of frequency reuse. Nonetheless, the rules will require ITS 
licensees to use the minimal power necessary to achieve reliable 
communications in order to promote frequency reuse.

Unwanted Emission Limits

    17. The R&O states that it is necessary to limit the amount of 
unwanted emissions, both those occurring outside of the DSRC spectrum 
band and those emanating from one channel to the next within the DSRC 
band. The unwanted emission limits proposed are appropriate and 
necessary to promote spectrum sharing between DSRC applications in the 
5.85-5.925 GHz band. Accordingly, the Commission adopts the emission 
mask requirements of Sec. 90.210(k) for DSRC operations in the 5.9 GHz 
band. The R&O recognizes that depending on the developing DSRC 
applications, the licensing scheme adopted and the corresponding 
spectrum channelization plan, the Commission may need to revisit the 
emission limits between specific channels or applications, e.g., more 
sensitive applications on specific channels may require additional 
protection or a licensee with access to multiple consecutive channels 
in a geographic area could benefit from additional flexibility 
regarding unwanted emissions without affecting other operations.

Frequency Stability

    18. The Commission proposed to apply to DSRC operations in the 5.9 
GHz band the frequency stability requirement specified in Sec. 2.995 
(Sec. 2.1055) of our rules in order to prevent DSRC operations from 
causing interference to DSRC operations on other channels or to other 
services in nearby spectrum. However, part 90 has more specific 
frequency stability requirements in Sec. 90.213 which vary according to 
the channel bandwidth of the operation. Since the R&O is not yet able 
to establish a channelization plan for DSRC operations, the Commission 
defers any decision on frequency stability requirements to a future 
proceeding.

RF Guidelines

    19. The Commission requires compliance with RF safety guidelines 
for all applications to ensure the public's safety. Therefore, DSRC 
operations must comply with the RF safety guidelines contained in the 
Second Memorandum Opinion and Order (``Second MO&O'') in ET Docket No. 
93-62, 62 FR 47960, September 12, 1997. The R&O finds that this level 
of protection is appropriate and will not result in exposure to the 
public of unsafe levels of RF energy.

Unlicensed DSRC Operations

    20. Section 15.245 of the Commission's rules permits unlicensed 
field disturbance sensors to operate in the 5.785-5.815 GHz band. While 
these field disturbance sensors are not available for two-way 
information communications, the rules would permit backscatter type 
toll-tag operations in this band with a permitted average field 
strength of 500 millivolts/meter at a distance of 3 meters (75 mW 
EIRP). Additionally, Sec. 15.247 of the rules permits unlicensed spread 
spectrum communications devices to operate in the 5.725-5.850 GHz band 
with a maximum peak transmitter output power of 1 watt with antenna 
gain of up to 6 dBi. Finally, Sec. 15.249 permits unlicensed 
communications devices to operate in the 5.725-5.875 GHz band with a 
maximum average field strength of 50 millivolts/meter at a distance of 
3 meters (0.8 mW EIRP
    21. The R&O finds that a backscatter system that transmits an 
unmodulated carrier signal to a mobile transponder which, in turn, 
reflects a modulated signal, does not qualify as a conventional spread 
spectrum system under the part 15 rules. Part 15 defines a spread 
spectrum system as a system that conveys information by modulation of a 
carrier by some conventional means and then deliberately widens the 
bandwidth by means of a spreading function over that which would be 
needed to transmit the information alone. Because backscatter beacon 
stations do not modulate their carriers, they do not qualify as spread 
spectrum devices. The R&O declines to modify the rules to allow 
backscatter systems to qualify for use as spread spectrum systems under 
Sec. 15.247. Nevertheless, the spread spectrum requirements of 
Sec. 15.247 can likely accommodate a wide range of alternative 
unlicensed DSRC communication systems.

Other Issues

    22. The Commission adopts the following definition of DSRC services 
for this mobile allocation in the 5.9 GHz range:

    The use of non-voice radio techniques to transfer 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. DSRC systems may 
also transmit status and instructional messages related to the units 
involved.

Final Regulatory Flexibility Analysis

    23. As required by the Regulatory Flexibility Act (``RFA''),\1\ an 
Initial Regulatory Flexibility Analysis (``IRFA'') was incorporated 
into the Notice of Proposed Rule Making (``NPRM'') in ET Docket No. 98-
95, 63 FR 35558, June 30, 1998. The Commission sought written comment 
on the proposals in the NPRM, including the IRFA. The Final Regulatory 
Flexibility Analysis (``FRFA'') in this Report and Order conforms to 
the RFA.\2\
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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\ See 5 U.S.C. 604.
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A. Need for and Objective of This Report and Order (R&O).

    This R&O allocates 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. The objective of this action is to provide 
sufficient spectrum to permit the development of DSRCS technologies to

[[Page 66408]]

improve the Nation's transportation infrastructure and bolster the 
involvement of United States companies in this emerging industry. While 
this R&O does adopt an allocation and some basic technical 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, the IRFA certified that the NPRM would not have a 
significant economic impact on a substantial number of small entities. 
Nevertheless, a full voluntary IRFA was performed. No comments directly 
addressed the IRFA.

B. Summary of Significant Issues Raised by the Comments in Response to 
the IRFA

    No comments were filed in response to the IRFA.

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

    Under the RFA, small entities may include small organizations, 
small businesses, and small governmental jurisdictions.\3\ The RFA, 5 
U.S.C. 601(3), generally defines the term ``small business'' as having 
the same meaning as the term ``small business concern'' under the Small 
Business Act, 15 U.S.C. 632. 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''). This standard also applies 
in determining whether an entity is a small business for purposes of 
the RFA. 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 Fixed Satellite Service 
(``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. SBA guidelines to the 
Small Business Regulatory Enforcement Fairness Act (``SBREFA'') state 
that about 99.7% of all firms are small and have fewer than 500 
employees and less than $25 million in sales and assets.\4\ There are 
approximately 6.3 million establishments in the SBA database.\5\ The 
R&O discusses means by which the potential DSRCS would be able to share 
the spectrum with incumbent operations and concludes that harmful 
interference can be avoided through coordination. 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.
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    \3\ See 5 U.S.C. 601(6).
    \4\ See A Guide to the Regulatory Flexibility Act, U.S. Small 
Business Administration, Washington, DC, May 1996, at page 14.
    \5\ Id. at 15.
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    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).\6\ This 
definition provides that a small entity is expressed as one with $11.0 
million or less in annual receipts.\7\ 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.\8\ The Census report does not provide more precise 
data. 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 rule making proceeding will propose further 
technical standards, licensing and service rules and a separate 
regulatory flexibility analysis will address all issues relevant to 
that proceeding.
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    \6\ An exception is the Direct Broadcast Satellite (DBS) 
Service, infra.
    \7\ 13 CFR 120.121, SIC code 4899.
    \8\ 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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D. Description of Projected Reporting, Record Keeping and Other 
Compliance Requirements

    In this proceeding, we are allocating this spectrum for a new 
service. The licensing and technical regulations governing these 
operations will be addressed in a separate proceeding. Therefore, this 
action does not create any reporting or compliance requirements.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    The IRFA in this proceeding requested comment on ways to minimize 
economic impact on small entities, but no comments were filed. 
Nevertheless, the attached R&O discusses whether operational standards 
should be adopted to facilitate nation-wide interoperability of DSRCS, 
but deferred this issue to a later proceeding that will develop service 
rules for these operations. 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.

F. Report to Congress

    This Commission will send a copy of the R&O, including this FRFA, 
in a report to be sent to Congress pursuant to the Small Business 
Regulatory Enforcement Fairness Act of 1996, see U.S.C. 801(a)(1)(A). 
In addition, the Commission will send a copy of the R&O, including 
FRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects in 47 CFR Parts 2 and 90

    Communications equipment, Radio.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rules Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 2 and 90 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: 47 U.S.C. 154, 302, 303, 307, 336 and 337, unless 
otherwise noted.


[[Page 66409]]


    2. Section 2.106, the Table of Frequency Allocations, is amended as 
follows:
    a. Revise the entry for the 5850-5925 MHz band to read as follows.
    b. Add footnote NG160.


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 MHz    allocation MHz                 ---------------     Rule       Special-use
  allocation MHz                                         Allocation     Allocation     part(s)      frequencies
                                                            MHz            MHz
(1)                (2)               (3)               (4)            (5)            (6)          (7)
----------------------------------------------------------------------------------------------------------------
        *                  *                 *               *              *             *              *
----------------------------------------------------------------------------------------------------------------
5850--5925         5850--5925        5850--5925        5850--5925     5850--5925
FIXED              FIXED             FIXED             RADIOLOCATION  FIXED-         ISM
                                                        G2             SATELLITE      Equipment
                                                                       (Earth-to-     (18)
                                                                       space) US245  Private
                                                                                      Land
                                                                                      Mobile
                                                                                      (90)
                                                                                     Amateur
                                                                                      (97)
FIXED-SATELLITE    FIXED-SATELLITE   FIXED-SATELLITE
 (Earth-to-space)   (Earth-to-        (Earth-to-
                    space)            space)
MOBILE             MOBILE            MOBILE            .............  MOBILE NG160
                   Amateur           Radiolocation                    Amateur
                   Radiolocation
S5.150             S5.150            S5.150            S5.150 US245   S5.150
----------------------------------------------------------------------------------------------------------------
        *                  *                 *               *              *             *              *
----------------------------------------------------------------------------------------------------------------

Non-Government (NG) Footnotes

* * * * *
    NG160: In the 5850-5925 MHz band, the use of the non-Federal 
government mobile service is limited to Dedicated Short Range 
Communications operating in the Intelligent Transportation System 
radio service.
* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

    3. The authority citation for part 90 continues to read as follows:

    Authority: Sections 4, 251-2, 303, 309, 332, and 337, 48 Stat. 
1066, 1082, as amended; 47 U.S.C. 154, 251-2, 303, 309, and 332, 
unless otherwise noted.
    4. Section 90.7 is amended by adding a new definition for Dedicated 
Short Range Communications Service to read as follows:

Sec. 90.7  Definitions.

* * * * *
    Dedicated Short Range Communications Services (DSRCS) The use of 
non-voice radio techniques to transfer 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. DSRC systems may also transmit status and 
instructional messages related to the units involved.
* * * * *
    5. Section 90.205 is amended by redesignating paragraphs (m) and 
(n) as paragraphs (n) and (o), respectively; and by adding a new 
paragraph (m) to read as follows:


Sec. 90.205  Power and antenna height limits.

* * * * *
    (m) 5850-5925 MHz. The peak transmit output power over the 
frequency band of operations shall not exceed 750 mW or 28.8 dBm with 
up to 16 dBi in antenna gain. If transmitting antennas of directional 
gain greater than 16 dBi are used, the peak transmit output power shall 
be reduced by the amount in dB that the directional gain of the antenna 
exceeds 16 dBi, i.e., the device's maximum EIRP shall not exceed 30 W 
EIRP. However, the peak transmitter output power may be increased to 
account for any line losses due to long transmission cables between the 
transmitter and the DSRCS device's antenna, provided the EIRP does not 
exceed 30 W.
* * * * *
    6. Section 90.210 is amended by revising the ``APPLICABLE EMISSION 
MASKS'' Table and by revising paragraphs (k)(3), (k)(3)(i), and 
(k)(3)(ii) to read as follows:


Sec. 90.210  Emission masks.

* * * * *

                        Applicable Emission Masks
------------------------------------------------------------------------
                                  Mask for equipment  Mask for equipment
      Frequency band  (MHz)         with Audio low     without audio low
                                     pass  filter         pass filter
------------------------------------------------------------------------
Below 25 \1\....................  A or B              A or C
25-50...........................  B                   C
72-76...........................  B                   C
150-174 \2\.....................  B, D, or E          C, D, or E
150 Paging-only.................  B                   C
220-222.........................  F                   F
421-512 \2\.....................  B, D, or E          C, D, or E
450 Paging-only.................  B                   G
806-821/851-866 \3\.............  B                   G
821-824/866-869.................  B                   H
896-901/935-940.................  I                   J
902-928.........................  K                   K
929-930.........................  B                   G
5850-5925.......................  K                   K
All other bands.................  B                   C
------------------------------------------------------------------------
\1\ Equipment using single sideband J3E emission must the requirements
  of Emission Mask A. Equipment using other emissions must meet the
  requirements of Emission Mask B or C, as applicable.
\2\ Equipment designed to operate with a 25 kHz channel bandwidth must
  meet the requirements of Emission Mask B or C, as applicable.
  Equipment designed to operate with a 12.5 kHz channel bandwidth must
  meet the requirements of Emission Mask D, and equipment designed to
  operate with a 6.25 kHz channel bandwidth Must meet the requirements
  of Emission Mask E.
\3\ Equipment used in this licensed to EA or non-EA systems shall comply
  with the emission mask provisions of Sec.  90.691.

* * * * *
    (k) * * *

[[Page 66410]]

    (3) Other transmitters. For all other transmitters authorized under 
subpart M that operate in the 902-928 MHz band and for Dedicated Short 
Range Communication Services in the 5.850-5.925 GHz band, the peak 
power of any emission shall be attenuated below the power of the 
highest emission contained within the licensee's sub-band in accordance 
with the following schedule:
    (i) On any frequency within the authorized bandwidth: Zero dB.
    (ii) On any frequency outside the licensee's sub-band edges: 55 + 
10 log(P) dB, where (P) is the highest emission (watts) of the 
transmitter inside the licensee's sub-band.
* * * * *
    7. Section 90.350 is revised to read as follows:


Sec. 90.350  Scope.

    The Intelligent Transportation Systems radio service is for the 
purpose of integrating radio-based technologies into the nation's 
transportation infrastructure and to develop and implement the nation's 
intelligent transportation systems. It includes the Location and 
Monitoring Service (LMS) and Dedicated Short Range Communications 
Service (DSRCS). Rules as to eligibility for licensing, frequencies 
available, and any special requirements for services in the Intelligent 
Transportation Systems radio service are set forth in this subpart.
    8. A new Sec. 90.371 is added to subpart M to read as follows:


Sec. 90.371  Dedicated short range communications service.

    (a) These provisions pertain to systems in the dedicated short 
range communications services (DSRCS). DSRCS systems utilize non-voice 
radio techniques to transfer 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. When authorized, DSRCS licensees operating systems in the 
5850-5925 MHz band may serve individuals, federal government agencies 
and entities eligible for licensing in this Part, and must comply with 
the following requirements.
    (b) DSRCS stations operating in the band 5850-5925 MHz shall not 
receive protection from Government Radiolocation services in operation 
prior to the establishment of the DSRCS station. Operation of DSRCS 
stations within 75 kilometers of the locations listed in the table 
below must be coordinated through the National Telecommunications and 
Information Administration.

------------------------------------------------------------------------
             Location                   Latitude           Longitude
------------------------------------------------------------------------
Ft. Lewis, WA.....................  470525N           1223510W
Yakima Firing Center, WA..........  464018N           1202135W
Ft. Carson, CO....................  383810N           1044750W
Ft. Riley, KS.....................  385813N           0965139W
Ft. Shafter, HI...................  211800N           1574900W
Hunter Army Airfield, GA..........  320100N           0810800W
Ft. Gillem, GA....................  333600N           0841900W
Ft. Benning, GA...................  322130N           0845815W
Ft. Stewart, GA...................  315145N           0813655W
Ft. Rucker, AL....................  311947N           0854255W
Yuma Proving Grounds, AZ..........  330114N           1141855W
Ft. Hood, TX......................  310830N           0974550W
Ft. Knox, KY......................  375350N           0855655W
Ft. Bragg, NC.....................  350805N           0790035W
Ft. Campbell, KY..................  363950N           0872820W
Ft. Polk, LA......................  310343N           0931226W
Ft. Leonard Wood, MO..............  374430N           0920737W
Ft. Irwin, CA.....................  351536N           1164102W
Ft. Sill, OK......................  344024N           0982352W
Ft. Bliss, TX.....................  314850N           1062533W
Ft. Leavenworth, KS...............  392115N           0945500W
Ft. Drum, NY......................  440115N           0754844W
Ft. Gordon, GA....................  332510N           0820910W
Ft. McCoy, WI.....................  440636N           0904127W
Ft. Dix, NJ.......................  400025N           0743713W
Parks Reserve Forces Training       374254N           1214218W
 Area, CA.
Ft. Hunter Ligget, CA.............  355756N           1211404W
Pacific Missile Test Center, CA...  340914N           1190524W
Naval Air Development Center, PA..  401200N           0750500W
Mid-Atlantic Area Frequency         381710N           0762500W
 Coordinator, MD.
Naval Research Laboratory, MD.....  383927N           0763143W
Naval Ocean Systems Center, CA....  324500N           1171000W
Naval Research Laboratory, DC.....  385500N           0770000W
Naval Surface Weapons Center, MD..  390205N           0765900W
Naval Electronic Systems            381000N           0762300W
 Engineering Activity, MD.
Midway Research Center, VA........  382640N           0772650W
Aberdeen Proving Ground, MD.......  392825N           0760655W
Ft. Huachuca, AZ..................  313500N           1102000W
Ft. Monmouth, NJ..................  401900N           0740215W
Picatinny Arsenal, NJ.............   405600N          0743400W
Redstone Arsenal, AL..............  343630N           0863610W
White Sands Missile Range, NM.....  322246N           1062813W
Army Research Laboratory, MD......  390000N           0765800W
Space and Missile Systems Center,   335500N           1182200W
 CA.
Edwards AFB, CA...................  345400N           1175200W
Patrick AFB, FL...................  281331N           0803607W
Eglin AFB, FL.....................  302900N           0863200W
Holloman AFB, NM..................  322510N           1060601W
Kirtland AFB, NM..................  350230N           1063624W
Griffiss AFB, NY..................  431315N           0752431W
Wright-Patterson AFB, OH..........  394656N           0840539W
Hanscom AFB, MA...................  422816N           0711725W
Nellis AFB, NV....................  361410N           1150245W
Vandenberg AFB, CA................  344348N           1203436W
U.S. Air Force Academy, CO........  385800N           1044900W
Brooks AFB, TX....................  292000N           0982600W
Arnold AFB, TN....................  352250N           0860202W
Tyndall AFB, FL...................  300412N           0853436W
Charles E. Kelly Support Facility-- 402357N           0800925W
 Oakdale, PA.
------------------------------------------------------------------------

[FR Doc. 99-30591 Filed 11-24-99; 8:45 am]
BILLING CODE 6712-01-U