[Federal Register Volume 66, Number 228 (Tuesday, November 27, 2001)]
[Proposed Rules]
[Pages 59209-59219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29344]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 15, 18 and 90

[ET Docket No. 01-278; FCC 01-290]


Radio Frequency Rules (Part 15) Biennial Review

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document proposes to review and update certain rules. We 
are proposing to modify limits and restrictions on emissions from 
certain unlicensed, devices above 2 GHz; require that radar detectors 
be subject to emission limits in order to prevent interference to 
certain satellite operations; eliminate the prohibition on data 
transmissions and make other changes to rules governing remote control 
devices; modify the rules for radio frequency identification systems to 
harmonize our rules with those in other parts of the world and to allow 
for improved operation; simplify the labeling requirement for 
manufacturer self-authorized equipment; and make other changes to 
update and correct our rules. This item responds to two petitions for 
rule making, a filing pursuant to the Regulatory Flexibility Act of 
1980 and recommendations contained in the Biennial Regulatory Review 
2000 Updated Staff Report.

DATES: Comments must be filed on or before February 12, 2002; and reply 
comments must be filed on or before March 12, 2002.

ADDRESSES: All filings must be sent to the Commission's Secretary, 
Magalie Roman Salas, Office of the Secretary,

[[Page 59210]]

Federal Communications Commission, 415 12th Street, SW, TW-A325, 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Hugh Van Tuyl, Office of Engineering 
and Technology, (202) 418-7506.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making and Order, ET Docket--01-278, FCC 01-290, 
adopted October 2, 2001, and released October 15, 2001. 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, SW, Washington, DC, and also may be 
purchased from the Commission's duplication contractor, Qualex 
International (202) 863-2893, Room CY-B402, 445 12th Street, SW, 
Washington, DC 20554.

Summary of the Notice of Proposed Rule Making

    1. This Notice of Proposed Rule Making (NPRM) proposes to review 
and update certain rules sections contained in parts 2, 15 and 18 of 
our rules. Specifically, we are proposing to: (1) modify limits and 
restrictions on emissions from certain unlicensed or part 15 devices 
above 2 GHz; (2) require that radar detectors be subject to emission 
limits in order to prevent interference to certain satellite 
operations; (3) eliminate the prohibition on data transmissions and 
make other changes to rules governing part 15 remote control devices; 
(4) modify the rules for radio frequency identification systems to 
harmonize our rules with those in other parts of the world and to allow 
for improved operation; (5) simplify the labeling requirement for 
manufacturer self-authorized equipment; and (6) make other changes to 
update and correct our rules. This item responds to two petitions for 
rule making, a filing pursuant to the Regulatory Flexibility Act of 
1980 and recommendations contained in the Biennial Regulatory Review 
2000 Updated Staff Report. 
    2. On September 19, 2000, the Commission issued a staff report 
summarizing an extensive review of the Commission's rules undertaken as 
part of the 2000 Biennial Review. On January 17, 2001, the Commission 
released an updated report (``Updated Staff Report'') taking into 
account comments received in response to the initial report. In 
developing the reports, the staff from each Commission Bureau and 
Office reviewed all rules pertinent to its operations to determine 
whether to recommend that the Commission modify or eliminate any rules. 
The review was not limited to the rules implicated by section 11 and 
section 202(h). Accordingly, the staff reviewed part 15 to determine 
whether there were any rules that could be modified or eliminated, even 
though a review of that part was not required by statute. Updated Staff 
Report recommended that the Commission consider a number of changes to 
part 15 and other parts of the rules. Specifically, it recommended that 
the Commission:
     Review the limits for radio frequency emissions above 2 
GHz.
     Permit data transmission by transmitters operating under 
Sec. 15.231.
     Simplify the labeling requirements for equipment approved 
under the Declaration of Conformity procedure.
     Incorporate a new test procedure for unlicensed Personal 
Communication Services (PCS) transmitters into the rules.
     Clarify the measurement requirements in 47 CFR part 2 of 
the rules for Family Radio Service transmitters.
     Clarify the requirements for scanning receivers to prevent 
the reception of cellular telephone frequencies.
    3. In addition, the National Council for Information Technology 
Standardization Technical Committee B10 (NCTIS B10) and SAVI 
Technology, Inc. (SAVI) filed petitions for rule making requesting 
changes to the part 15 requirements for radio frequency identification 
systems.

Proposed Revisions to Part 15

1. Part 15 Emission Limits Above 2 GHz

    4. 47 CFR part 15 of the rules contains the technical requirements 
for radiofrequency devices that may be operated without individual 
licenses. The requirements include radiated emission limits for 
intentional radiators, such as transmitters, and for unintentional 
radiators, such as radio receivers, computers and VCRs. The limits are 
intended to minimize the possibility of unlicensed part 15 devices 
causing interference to licensed radio services. The last significant 
change to these limits was made in 1989, so they have been essentially 
unchanged for over ten years. During this period, the commercial use of 
spectrum above 2 GHz has increased significantly. Licensed and 
unlicensed devices operating above 2 GHz have proliferated, in part 
because advances in technology have made such devices more affordable.
    5. The Updated Staff Report recommends that we review the emission 
limits above 2 GHz to determine whether any changes are warranted. We 
have identified two specific areas where we believe changes may be 
warranted. The first concerns emission limits in the frequency range 
above 38.6 GHz, and the second concerns certain types of receivers 
operating above 960 MHz that are exempt from equipment authorization 
and from complying with the emission limits for unintentional 
radiators.
    6. Restricted frequency bands above 38.6 GHz. The entire frequency 
range above 38.6 GHz is currently listed as a restricted band of 
operation under part 15. Frequency bands are designated as restricted 
to protect certain sensitive radio services, such as those that protect 
safety-of-life or those that use very low received levels, such as 
satellite downlinks or radio astronomy. With certain exceptions, part 
15 permits only spurious emissions in restricted frequency bands, and 
the emissions must comply with the limits in section 15.209. These 
limits are lower than the out-of-band emission limits permitted by some 
other rule sections in part 15. For this reason, compliance with the 
rules may be more difficult to achieve for devices that produce 
harmonic emissions above 38.6 GHz, including field disturbance sensors 
operating in the 10.5 and 24 GHz bands and other transmitters operating 
in the 24 GHz band. The maximum permitted level of harmonics from these 
devices would be significantly higher if they did not fall in 
restricted bands. The rules allow some relaxation of the harmonic 
limits for field disturbance sensors under certain conditions, but the 
limits are still lower than they would be if the emissions were not in 
restricted bands.
    7. There are a number of sensitive radio services operating above 
38.6 GHz, but we believe it is not necessary to restrict the entire 
spectrum above this frequency. At the time the entire frequency range 
above 38.6 GHz was designated as a restricted band, there was no 
requirement in our rules to make measurements above 40 GHz because of 
limitations in measurement technology. Designating the entire band 
above 38.6 GHz as restricted, rather than restricting designated 
segments, was simply a matter of administrative convenience and had no 
impact on manufacturers because measurements were not required at those 
frequencies. However, due to advancements in measurement technology, 
the Commission now requires measurements above 40 GHz for some devices, 
which means these devices must now comply with the restricted band 
limits. In light of this, we believe the strict limits of section

[[Page 59211]]

15.209 are not appropriate for all frequency bands above 38.6 GHz. We 
seek comments on the need for changes to the restricted bands above 
38.6 GHz and the potential benefits to manufacturers of such changes. 
We also seek comment on whether there are any other part 15 rules 
designed to protect sensitive services such as government operations 
that should be modified.
    8. Receivers operating above 960 MHz. In addition to possible 
changes in the restricted bands, we believe that changes to the 
requirements for radio receivers operating above 960 MHz may be 
warranted. Most receivers contain one or more oscillators that generate 
radio frequency signals used in tuning the received signal. This 
generated signal can radiate from the receiver and could interfere with 
other nearby receivers. For this reason, part 15 requires certain 
receivers to meet radiated emission limits to minimize the possibility 
of interference. The rules currently require only receivers that tune 
in the range of 30-960 MHz and Citizen's Band receivers to comply with 
the limits. Other receivers are not required to comply with the limits, 
but the rules require the operation of any receiver to cease if it 
causes interference. In the past, most receivers used in the home only 
tuned below 960 MHz and were subject to emission limits to minimize the 
possibility of interference to other radio equipment. Above 960 MHz, 
the emissions generated by radio receivers tend to be more directional 
and the propagation losses are higher. There is less probability of 
such receivers causing interference, so the rules have not required 
receivers that tune above 960 MHz to meet emission limits or to receive 
an equipment authorization. Historically, these rules have generally 
worked well.
    9. Radar detectors are currently exempt from complying with the 
part 15 emission limits because they tune above 960 MHz. They are 
designed to monitor for the presence of police radar in several 
frequency bands, including the 10.50-10.55 GHz, 24.05-24.25 GHz and 
33.4-36.0 GHz bands. The oscillator signals internally generated by 
some radar detectors' tuning circuitry are being radiated and causing 
interference to VSATs. The level of these signals is typically far 
above the Part 15 limits. The potential for interference to VSATs 
caused by radar detectors has recently increased because manufacturers 
have begun using swept frequency oscillators at different frequencies 
than previously used. The purpose of these changes is to enhance 
detection of police radar while making it more difficult for police to 
detect the presence of radar detectors in vehicles.
    10. We invite comment on whether there is a need to require radar 
detectors to comply with emission limits to minimize the possibility of 
interference, and if so, what are the appropriate limits. We also seek 
comments on whether there are any other receivers that tune above 960 
MHz that should be required to comply with emission limits. If so, we 
seek comments on the appropriate limits, and whether the limits should 
apply in all frequency bands or only certain bands where interference 
may be more likely to occur, such as the VSAT bands. Furthermore, we 
seek comment, especially from small entities, concerning the timeframe 
that should be required to comply with any new emission limits.

Data Transmission by Remote Control Devices

    11. Section 15.231 of the rules allows the operation of remote 
control devices in the 40 MHz band and above 70 MHz. There are two 
separate provisions for operation under this section. Paragraph (a) 
contains field strength limits for transmitters that transmit control 
signals, such as those used with alarm systems, door openers and remote 
switches. A transmitter operated under this paragraph must cease 
transmission within 5 seconds after being activated automatically or 
after a manually operated switch is released. Continuous transmissions 
such as voice and video are not permitted, and data transmissions are 
not permitted except for recognition codes to identify specific 
transmitters in a system. There is a prohibition on periodic 
transmissions at regular predetermined intervals, although 
transmissions are permitted once per hour to verify the integrity of 
security transmitters. Paragraph (e) of this section allows any type of 
transmission, including data and transmissions at regular periodic 
intervals. However, this paragraph contains lower field strength limits 
than paragraph (a), and it places strict timing requirements on 
periodic transmissions.
    12. We believe that the prohibition on data transmissions in 
paragraph (a) is unnecessarily constraining and can be an impediment to 
the development of new types of devices. We do not believe that 
removing this restriction will result in an increased potential for 
interference. Based on the lack of a record of interference complaints 
from devices operating under this section, we tentatively conclude that 
the existing limits on field strength and duration of transmissions are 
sufficient to prevent harmful interference. Because the interference 
potential of a device is a function of the permitted signal strength 
and duration of the transmissions rather than the type of information 
sent, there should be no difference between the interference potential 
of a device transmitting recognition codes as permitted by paragraph 
(a) as compared to a device transmitting data that represents other 
kinds of information. Accordingly, we are proposing to remove the 
prohibition on the transmission of data in Sec. 15.231(a). We are also 
proposing to remove the prohibition on voice and video transmissions. 
Data representing voice or video has no greater interference potential 
than any other type of data, and the timing requirements in paragraphs 
(a) and (e) will not allow continuous transmissions, so there is no 
need to expressly prohibit them.
    13. We seek comments on our proposal to allow data transmission 
under Sec. 15.231(a) and the potential benefits to manufacturers. We 
also seek comment on whether allowing data transmissions will result in 
an increased proliferation of devices or in devices transmitting for a 
greater amount of time, and whether there is a need to modify the 
timing requirements in paragraphs (a) or (e) to avoid interference to 
other radio services.

Radio Frequency Identification Systems

    14. Radio frequency identification (RFID) systems use radio signals 
to track and identify items such as shipping containers and merchandise 
in stores. A system typically consists of a tag mounted on the item to 
be identified, and a transmitter/receiver unit that interrogates the 
tag and receives identification data back from the tag. The tag may be 
a self-powered transmitter, or it may receive power from the 
interrogating transmitter. RFID systems can operate in a number of 
frequency bands under part 15 of the rules.
    15. NCITS B10 Petition for Rulemaking. We believe that the 
increases in emission levels proposed by NCITS B10 are not likely to 
create significant interference to other services. Further, although 
other part 15 RFID systems are not protected from interference from new 
RFID systems, we believe that the potential for such interference is 
low and can be mitigated through site engineering techniques if it 
should occur. Thus, we find that the public interest would be best 
served by proposing to modify our rules to permit the introduction of 
these improved RFID devices. Specifically, we are proposing to modify 
Sec. 15.225 to include the

[[Page 59212]]

emission mask sought by NCITS B10. We are also proposing to amend 
Sec. 15.205 of the rules to allow devices operated pursuant to 
Sec. 15.255 to place emissions other than spurious emissions into the 
13.36-13.41 MHz restricted band. This restricted band was intended to 
protect radio astronomy operations. However, radio astronomy operations 
in this band in the United States are limited to one site in Florida. 
NTIA has stated that they do not object to allowing emissions from RFID 
devices in this restricted band. Alternatively, we propose to remove 
the 13.36-13.41 MHz band from the restricted bands listed in 
Sec. 15.205. We seek comment on these proposals.
    16. The NCITS B10 also requests that the Commission clarify that 
RFID tags may be approved with or without the reader. NCITS B10 states 
that separate authorizations of the RFID tag and reader could foster 
competition in the provision of tags designed to work with multiple 
readers. We agree with NCITS B10 and are proposing to amend Sec. 15.225 
to specify that RFID applications equipment authorization for tags and 
readers can be submitted either together or separately. Tags and 
readers approved together would both be labeled with the same FCC 
identification number. We seek comment on this proposal.
    17. SAVI Petition for Rule Making. We agree with SAVI that changes 
to part 15 to all more advanced RFID systems in the 433 MHz band would 
serve the public interest. Accordingly, we are proposing to create a 
new section that would allow operation of such devices in the 425-435 
MHz band. We propose to allow a maximum field strength of 11,000 
microvolts per meter measured at a distance of 3 meters using equipment 
with an average detector function. The maximum peak level permitted 
would be 110,000 microvolts per meter measured at a distance of 3 
meters. This is the same as the current limit in Sec. 15.231(a) at 433 
MHz, which we believe will provide an adequate signal for reliable 
communications while minimizing the potential for interference to other 
users of the band. As proposed by SAVI, transmissions would be limited 
to 120 seconds with at least a 10 second silent period between 
transmissions, except that retransmissions would be permitted in case 
of data errors. We also propose that powered tags and readers could be 
approved either separately or under a single application as we proposed 
for devices operating in the 13.56 MHz band. We seek comments on these 
proposals. We also seek comments on allowing retransmissions in the 
event of data errors, and whether we need to more clearly define the 
circumstances under which retransmissions are permitted.

Declaration of Conformity (DoC) Labeling

    18. Many unintentional radiators under part 15 of the rules, 
including personal computers, VCRs and radio receivers, are authorized 
through the Declaration of Conformity (DoC) procedure. DoC is a self-
approval procedure in which the manufacturer has the equipment tested 
for compliance at a laboratory accredited to make the required 
measurements. Once the equipment has been found to comply with the 
applicable rules, it may be marketed without an approval from the 
Commission.
    19. Equipment authorized through the DoC procedure must be labeled 
as specified in Section 15.19 of the rules. This section shows 
illustrations of two variations of the label to be used. One label is 
for equipment that was tested for compliance as a complete unit, and 
the other label is for personal computers that were assembled from 
components that were tested separately for compliance. Either variation 
of label must include the manufacturer's trade name, the equipment 
model number, the FCC logo, the phrase ``For Home or Office Use'', and 
a statement as to whether the complete device was tested for compliance 
or whether it was assembled from tested components.
    20. The DoC procedure was originally established to reduce the 
burden on manufacturers of Class B personal computers and peripherals 
by eliminating the delays resulting from the requirement to obtain a 
Commission approval prior to marketing equipment. The phrase ``For Home 
or Office Use'' on the DoC label was intended to show that a device 
meets the more stringent Class B limits and is suitable for use in 
either residential (Class B) or non-residential (Class A) environments. 
However, because Class B devices may be used anywhere, this statement 
on the label is unnecessary, and requiring it to be included means that 
manufacturers must use a larger label on a device. This could become 
increasingly burdensome as advancements in technology result in smaller 
and smaller equipment. We are therefore proposing to delete the 
requirement for the phrase ``For Home or Office Use'' to simplify the 
label (The text of labels in Sec. 15.19(b)(1) do not appear in this 
proposed rule but will appear in full text in the final rule.).
    21. We are also proposing to eliminate the statement on the label 
that the complete device be tested for compliance in order to further 
simplify the label. We will, however, continue to require that personal 
computers assembled from tested components contain a statement to that 
effect on their label. That information could assist us in determining 
the source of compliance problems when investigating cases of non-
compliant equipment. We do not believe requiring this information on 
the label would be unduly burdensome because the types of computers 
assembled from tested components generally have more space for the 
label. We believe these changes will result in a reduced burden on 
manufacturers while still requiring sufficient information on equipment 
for enforcement purposes. We seek comment on these proposals. In other 
proceedings, parties have indicated that electronic labeling may 
enhance flexibility by permitting equipment to be quickly re-labeled 
when changes are made to the product identification number. We seek 
comment on whether electronic labeling should be permitted for devices 
authorized under the DoC procedure as we proposed for certain other 
equipment. If so, we seek comment on what would be an appropriate 
method for electronically labeling equipment such as computers that are 
authorized through the DoC procedure.

Test Procedure for Unlicensed PCS Equipment

    22. Section 15.31 of the rules lists the measurement procedures 
that the Commission will use to determine whether a part 15 device 
complies with the applicable technical requirements. In the past the 
Commission usually developed its own measurement procedures. More 
recently, the Commission has shifted to incorporating industry-
developed measurement procedures into the rules by reference. The 
American National Standards Institute (ANSI) C63.4-1992 procedure is 
specified as the procedure the Commission will use for testing most 
intentional and unintentional radiators for compliance. However, this 
procedure does not cover certain types of devices, including unlicensed 
Personal Communication Service (PCS) equipment.
    23. Unlicensed PCS equipment has certain unique technical 
requirements that other Part 15 devices do not have which are intended 
to prevent interference between devices. For example, there is a 
clearly defined spectrum etiquette that requires unlicensed PCS 
equipment to monitor the spectrum before transmitting and to use a 
specific transmission format.

[[Page 59213]]

Ensuring that unlicensed PCS equipment complies with this etiquette 
requires a highly specialized measurement procedure. The ANSI C63 
Committee recently completed work on a measurement procedure for 
unlicensed PCS equipment, ANSI C63.17-1998. This procedure provides 
detailed guidance that will assist manufacturers in measuring 
unlicensed PCS devices to ensure that they comply with the requirements 
in our rules. We are therefore proposing to incorporate this procedure 
into our rules by reference as the procedure we will use for testing 
unlicensed PCS equipment. We request comments on this proposal.

Exemption for Very Low-Powered Devices

    24. Part 15 of the rules requires most devices that intentionally 
emit radiofrequency radiation to be certified before they can be 
marketed. Phillip Inglis noted that there are a number of devices on 
the market that transmit signals on low frequencies at extremely low 
power levels, such as card readers, pens used to write on specialized 
computer screens, and other devices designed to communicate over 
distances of inches. All such devices must be certified regardless of 
how low an operating power they use. Certification requires that the 
manufacturer have the equipment tested for compliance, submit an 
application with the test results and other exhibits to the Commission 
and wait for an approval before marketing the equipment. We believe 
that the interference potential of such devices is extremely low, and 
we tentatively conclude that requiring certification is an unnecessary 
burden on manufacturers. We therefore propose to exempt devices 
operating below 490 kHz from certification if the maximum field 
strength emitted is more than 40 dB below the applicable part 15 
limits. We seek comment on this proposal. As an alternative, we seek 
comment on whether all transmitters operating below 490 kHz under the 
provisions of Sec. 15.209 should be only subject to verification. 
Verification simply requires the manufacturer to have the equipment 
tested and to retain certain information on file. No application filing 
is required for verification and the equipment may be sold as soon as 
it is found to comply.

Information to the User

    25. Manufacturers are required to supply certain information to the 
users of products operating under part 15 of the rules. Section 15.21 
requires the instruction manual for all part 15 devices to contain a 
statement that unauthorized modifications to a device could void the 
user's authority to operate it. In addition, Sec. 15.105 requires the 
manual for a digital device to include a warning of the potential for 
interference to other devices and a list of some steps that could 
possibly eliminate the interference. The rules originally envisioned 
that this information would be included in a paper instruction manual. 
As manufacturers have moved to provide more of their manuals 
electronically, the Commission has permitted this warning information 
to be provided by alternative means, such as a CD-ROM.
    26. The Information Technology Industry Council (ITI) states that 
manufacturers are increasingly providing information over the Internet, 
rather than on paper or a CD-ROM. ITI recommends that the Commission 
consider the possibility of allowing the information to users required 
by the rules to be supplied over the Internet rather than with the 
product. We do not believe it is burdensome on manufacturers to require 
this information to be supplied with the product when a paper manual or 
CD-ROM is supplied with the product. However, this requirement could be 
burdensome in cases where the instruction manual is only available over 
the Internet. We therefore propose that manufacturers be permitted to 
provide the required information to users in the instruction manual in 
whatever form the manual is supplied. This may be on paper, a computer 
disk, a CD-ROM or over the Internet. This will ensure that the 
information is readily available to users while minimizing the burden 
on manufacturers. We seek comment on this proposal. We seek comment, 
more particularly, on whether Internet-delivered manuals create 
accessibility problems for consumers without Internet access or for 
groups of consumers for whom obtaining Internet access is difficult. 
Where this is the case, we seek comment on whether allowing important 
information to be delivered only over the Internet results in certain 
consumers having insufficient access to information. We also seek 
comment on whether allowing warnings to be delivered exclusively online 
will result in a significant reduction in the number of consumers who 
receive the warnings.

Proposed Revisions to Part 2

Family Radio Service Equipment Measurements

    27. In 1996, the Commission established the Family Radio Service 
(FRS), which is a private, two-way, very short distance voice 
communications service for facilitating family and group activities. 
Part 95 of the rules specifies the operating frequencies and a 
frequency tolerance requirement for transmitters used in the FRS. The 
temperature ranges over which frequency tolerance measurements for most 
transmitters must be made are specified in part 2 of the rules. 
However, at the time the FRS was established, the temperature ranges 
specified in part 2 only applied to equipment authorized under the now-
abolished type-acceptance procedure. Because the rules adopted for the 
FRS stated that transmitters were to be authorized under the 
certification procedure, the temperature ranges specified in part 2 for 
type-accepted equipment did not apply. Therefore, the temperature range 
over which FRS frequency stability measurements must be made was not 
clear. Accordingly, we are proposing to amend our rules to specify that 
FRS frequency stability measurements are to be made from -20  deg.C to 
+50  deg.C. We request comments on this proposal.

Accreditation of Test Laboratories

    28. Section 2.948 of the rules require laboratories that submit 
test data for equipment subject to certification under parts 15 and 18 
of the rules to file an up-to-date description of its facility with the 
Commission. Many of these laboratories are accredited by a recognized 
accrediting organization such Accreditation Program (NVLAP) that 
determines the technical competency of the laboratory in accordance 
with International Organization for Standardization/International 
Electrotechnical Commission (ISO/IEC) Standard 17025. Because the 
accreditation process considers both the test facility and the 
competency of the laboratory to perform the required measurements, we 
question whether it is necessary for an accredited laboratory to submit 
a description of its facility to the Commission as the rules currently 
require. Therefore, we are tentatively proposing to remove this 
requirement from Sec. 2.948 of the rules for accredited laboratories, 
provided the accrediting organization notifies the Commission with 
certain minimum information about the laboratory. We propose that this 
information would include the laboratory name, address, contact 
information, scope of accreditation, date of accreditation and date by 
which the accreditation must be renewed. In addition, we are proposing 
to clarify the requirements in Sec. 2.948 for the testing of equipment 
subject to

[[Page 59214]]

Declaration of Conformity, which requires the use of an accredited 
laboratory. Specifically, we propose that the accreditation of 
laboratories outside the United States will be recognized by the 
Commission if one of the following two conditions are met: (1) the 
laboratory has been designated by a foreign authority and recognized by 
the Commission under the terms of a government-to-government Mutual 
Recognition Agreement or Arrangement; or (2) the laboratory has been 
accredited by an organization whose accreditations are recognized by 
the Commission. We seek comment on these proposals.

Additional Proposals

    29. We believe that there are a number of other changes that can be 
made to simplify and clarify Parts 2, 15 and 18 of the rules. Our 
analysis revealed several rule sections that no longer appear to be 
necessary. In addition, we identified several sections that need to be 
updated to reflect the availability of more recent industry documents, 
or that need other minor revisions. The proposed changes are listed 
below. We request comment on each of these proposals.
     Section 2.202 Bandwidths. The table of necessary bandwidth 
calculations in paragraph (g) does not contain entries for newer 
digital modulation types. The NTIA Manual of Regulations & Procedures 
for Federal Radio Frequency Management contains formulas for 
calculating necessary bandwidths for various digital modulation types, 
and we are proposing to add them to the table in Sec. 2.202(g).
     Section 2.948 Description of measurement facilities. We 
are proposing to remove references to expired transition dates and 
obsolete measurement procedures, update references to reflect the 
availability of the new ANSI C63.4-2000 measurement procedure, and to 
correct the Commission's mailing address.
     Section 2.1033 Application for certification. We are 
proposing to re-designate paragraph 2.1033(c)(17) on composite devices 
as paragraph 2.1033(d). This proposed change corrects a numbering error 
that arose in the Report and Order in ET Docket 97-94.
     Sections 2.1061 through 2.1065 Filing for Application 
Reference. This procedure was developed over 20 years ago to allow 
manufacturers and licensees to file transmitter measurement data with 
the Commission. The Commission would retain the test data for future 
reference by licensees. This procedure is separate from the regular 
equipment authorization process. There appears to be no current need 
for this procedure, so we are proposing to remove it from the rules.
     Section 15.31 Measurement standards. We are proposing to 
remove references to measurement procedures that are no longer used and 
to correct the Commission's mailing address. In addition we are 
proposing to update the reference to reflect the new ANSI C63.4-2000 
measurement procedure. The rules will continue to indicate that the 
Commission will not use certain sections of this procedure for 
determining the compliance of equipment. Also, we are proposing that 
the rules reflect the Commission's longstanding practice to use loop 
antennas rather than rod antennas for low frequency measurements.
     Section 15.118 Cable ready consumer electronics equipment. 
We are proposing to correct the Commission's mailing address.
     Section 15.120 Program blocking technology requirements 
for television receivers. We are proposing to correct the Commission's 
mailing address.
     Section 15.255 Operation in the band 59.0-64.0 GHz. We are 
proposing to correct the wording in paragraph (b)(5) from ``emission 
limits'' to ``emission levels''.
     Section 18.103 Organization and applicability of the 
rules. We are proposing to delete this section because it duplicates 
the table of contents for Part 18.
     Section 18.105 Other applicable rules. We are proposing to 
delete this section because it provides little information and is not 
necessary.
     Section 18.119 Importation. We are proposing to delete 
this section because it duplicates portions of the rules in part 2.
     Section 90.203 Certification required. We are proposing to 
correct an error in paragraph (k) that occurred when rules streamlining 
the equipment authorization processes were published in the Federal 
Register.

Initial Regulatory Flexibility Analysis

    30. As required by the Regulatory Flexibility Act (RFA),\1\ the 
Commission has prepared this present Initial Regulatory Flexibility 
Analysis (IRFA) of the possible 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 this IRFA. 
Comments must be identified as responses to the IRFA and must be filed 
by the deadlines for comments provided in paragraph 51 of the NPRM. The 
Commission will send a copy of the NPRM, including this IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration 
(SBA).\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.603(a).
---------------------------------------------------------------------------

A. Need for, and Objectives of, the Proposed Rules

    31. Section 11 of the Communications Act of 1934, as amended, and 
Section 202(h) of the Telecommunications Act of 1996 require the 
Commission: (1) To review biennially its regulations pertaining to 
telecommunications service providers and broadcast ownership; and (2) 
to determine whether economic competition has made those regulations no 
longer necessary in the public interest. The Commission is directed to 
modify or repeal any such regulations that it finds are no longer in 
the public interest.
    32. As part of the biennial review for the year 2000, the 
Commission reviewed its regulations pertaining to telecommunications 
service providers and broadcast ownership and recommended a number of 
changes to those rules. While not specifically required by statute, the 
Commission also reviewed parts 2, 15 and 18 as part of this process.
    33. The NPRM proposes several changes to part 15 and other parts of 
the rules. Specifically, it proposes to:
    (1) Make certain changes to the part 15 emission limits above 2 
GHz. While the part 15 emission limits have been effective at 
controlling interference, a review is warranted due to the increasing 
use of frequencies above 2 GHz. These limits appear to restrict 
unnecessarily certain types of devices such as field disturbance 
sensors. In addition, radar detectors, which are currently exempt from 
complying with emission limits, are causing interference to satellite 
services.
    (2) Remove the restriction on data transmissions by remote control 
device because it may hinder the development of new types of devices, 
and the distinction between control signals and data signals is 
becoming increasingly blurred.
    (3) Make changes to the requirements for radio frequency 
identification (RFID) systems to allow faster data transmission. RFID 
systems use a small transmitter attached to an item that transmits data 
identifying the item. The Commission received two petitions for

[[Page 59215]]

rule making requesting these changes to the rules.
    (4) Streamline the labeling process for equipment authorized under 
the Declaration of Conformity (DoC) procedure. As equipment becomes 
smaller, it becomes more difficult to include all the information 
currently required on the label.
    (5) Make minor corrections and updates to part 15 and other parts 
of the rules.

B. Legal Basis

    34. The proposed action is authorized under sections 4(i), 301, 
302, 303(e), 303(f), 303(r), 304 and 307 of the Communications Act of 
1934, as amended, 47 U.S.C. sections 154(i), 301, 302, 303(e), 303(f), 
303(r), 304 and 307.

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

    35. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted.\3\ The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.''\4\ In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act.\5\ 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 SBA.\6\
---------------------------------------------------------------------------

    \3\ 5 U.S.C. 603(b)(3).
    \4\ 5 U.S.C. 601(6).
    \5\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in 15 U.S.C.632). Pursuant to the RFA, 
the statutory definition of a small business applies ``unless an 
agency, after consultation with the Office of Advocacy of the Small 
Business Administration and after opportunity for public comment, 
establishes one or more definitions of such term which are 
appropriate to the activities of the agency and publishes such 
definition(s) in the Federal Register.'' 5 U.S.C.601(3).
    \6\ Small Business Act, 15 U.S.C.632 1996).
---------------------------------------------------------------------------

    36. The Commission has not developed a definition of small entities 
applicable to Radio Frequency Equipment Manufacturers (RF 
Manufacturers). Therefore, the applicable definition of small entity is 
the definition under the SBA rules applicable to manufacturers of 
``Radio and Television Broadcasting and Communications Equipment.'' 
According to the SBA's regulation, an RF manufacturer must have 750 or 
fewer employees in order to qualify as a small business.\7\ Census 
Bureau data indicates that there are 858 companies in the United States 
that manufacture radio and television broadcasting and communications 
equipment, and that 778 of these firms have fewer than 750 employees 
and would be classified as small entities.\8\ We believe that many of 
the companies that manufacture RF equipment may qualify as small 
entities.
---------------------------------------------------------------------------

    \7\ See 13 CFR 121.201, North American Industrial Classification 
System (NAICS) Code 33422.
    \8\ See U.S. Department of Commerce, 1992 Census of 
Transportation, Communications and Utilities (issued May 1995), 
NAICS code 33422.
---------------------------------------------------------------------------

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

    37. The NPRM proposes a number of rule changes that will affect 
reporting, recordkeeping and other compliance requirements. Each of 
these changes is described below.
    38. The NPRM proposes to require radar detectors used by motorists 
to meet emission limits to prevent interference to satellite services. 
The tuning circuitry in most receivers, including radar detectors, 
generates radio frequency signals that can be radiated and cause 
interference. Part 15 of the rules has limits on the radiated signals 
from radio receivers that tune up to 960 MHz. Because radar detectors 
only tune above 960 MHz, they are exempt from complying with emission 
limits and most or all models currently sold significantly exceed the 
Part 15 limits. We expect that manufacturers would be required to 
redesign radar detectors to comply with any emission limit adopted.
    39. The NPRM proposes changes to streamline the labeling 
requirements for equipment authorized under the Declaration of 
Conformity (DoC) procedure. DoC is a self-approval procedure in which 
the manufacturer has the equipment tested for compliance at a 
laboratory accredited to make the required measurements. There is an 
alternative procedure that allows personal computers to be assembled 
using compliant motherboards and power supplies with no additional 
testing required. Equipment that complies with the applicable rules may 
be marketed without an approval from the Commission, and must be 
labeled as specified in part 15 of the rules. The NPRM proposes to 
eliminate the phrase ``For home or office use'' from the label for all 
equipment subject to DoC. In addition, it proposes to eliminate the 
phrase ``Tested to comply with FCC standards'' from the label on 
equipment that was tested as a complete unit, although this phrase will 
still be required on personal computers that were assembled from tested 
components. The NPRM also proposes to eliminate the need to place the 
equipment trade name and model number on the label if that information 
is already on the equipment in close proximity to the label. These 
changes will permit smaller labels on equipment. These changes will not 
be required, and small entities can change labels as they change and 
upgrade models.
    40. The NPRM proposes to incorporate the ANSI C63.17-1998 procedure 
into the part 15 of the rules by reference as the procedure the 
Commission will use for testing unlicensed Personal Communication 
Service (PCS) equipment for compliance. Unlicensed PCS equipment has a 
number of specialized technical requirements designed to prevent 
interference between devices. Specifically, there is a defined 
``spectrum etiquette'' that requires unlicensed PCS transmitters to 
monitor the spectrum for other users before transmitting, and to use a 
defined transmission format. There is currently no procedure listed in 
the rules for testing unlicensed PCS equipment to these requirements. 
The American National Standards Institute (ANSI) C63 Committee recently 
completed work on a procedure for measuring unlicensed PCS equipment, 
which the NPRM proposes to incorporate into the rules as the procedure 
that the Commission will use.
    41. Part 15 currently references the ANSI C63.4-1992 procedure as 
the one that will be used for testing most intentional and 
unintentional radiators for compliance with the rules. The ANSI C63 
Committee recently completed a minor revision of the ANSI C63.4-1992 
procedure that contains a number of clarifications to the testing 
procedures. The NPRM proposes to reference the new C63.4-2000 procedure 
in place of the older version as the procedure that manufacturers 
should use for compliance testing.
    42. The NPRM proposes a change to the temperature range for 
frequency stability measurements on transmitters used in the Family 
Radio Service (FRS) under part 95 of the rules. Most transmitters used 
in licensed services are required to maintain their carrier frequency 
within a specified tolerance over a range of voltage and temperature 
variations to minimize the probability of interference to other users. 
At the time the FRS was established in 1996, a frequency stability 
limit was specified for transmitters, but no temperature range was 
specified. The Commission

[[Page 59216]]

staff informally interpreted that measurements must be made to -20 
degrees centigrade. A 1998 rule change to the equipment authorization 
requirements unintentionally resulted in a new requirement to measure 
FRS transmitters to -30 degrees centigrade. However, the staff 
continued requiring measurements to -20 degrees centigrade in the 
interest of fairness. The NPRM proposes to specifically specify that 
FRS transmitters are to be measured to -20 degree centigrade as the 
staff has been requiring since 1996.

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

    43. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.\9\
---------------------------------------------------------------------------

    \9\ See 5 U.S.C. 603(c).
---------------------------------------------------------------------------

    44. The proposal to require emission limits on radar detectors 
would have an impact on equipment manufacturers, some of which may be 
small entities. Paragraphs 10 through 14 in the primary item discuss 
the need to require certain receivers to meet radiated emission limits 
to minimize the possibility of interference. We requested comments in 
the NPRM on the timetable that should be required for compliance with 
new emission limits, and whether a differing compliance timetable 
should be required for small entities. The alternative of establishing 
a different timetable for small manufacturers would allow these small 
entities additional time to consider how to meet these new emission 
limits, and, if necessary, an opportunity to redesign or retool 
manufacturing facilities. We expect that the emission limits would be 
performance, rather than design standards, in that the Commission would 
not specify how manufacturers must design their equipment. The 
Commission seeks additional comment from small entities on what an 
appropriate time limit for compliance would be, and the resulting 
costs.
    45. The other proposals contained in this NPRM are deregulatory in 
nature, which we expect will simplify compliance and reporting 
requirements for all parties, particularly small entities. For example, 
we proposed to reduce the amount of information required on the label 
for products authorized through the Declaration of Conformity self-
approval process. If this change were adopted, manufacturers would be 
permitted to use the simplified label as soon as the rules become 
effective, but would not be required to do so.

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

    46. None.

List of Subjects

47 CFR Part 2

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

47 CFR Part 15

    Communications equipment, Labeling, Radio, Reporting and 
recordkeeping requirements.

47 CFR Part 18

    Business and industry, Medical devices, Radio, Reporting and 
recordkeeping requirements, Scientific equipment.

47 CFR Part 90

    Communications equipment, Reporting and recordkeeping requirements.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.

Rule Changes

    For reasons discussed in the preamble, the Federal Communications 
Commission proposes to amend 47 CFR, parts 2, 15, 18 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, 302a, 303 and 336, unless otherwise 
noted.
    2. In Sec. 2.202(g) table, under III-A. Frequency Modulation the 
entry 6. Composite Emissions emissions is revised to read as follows:


Sec. 2.202  Bandwidths.

* * * * *
    (g) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Necessary bandwidth
   Description of emission    ----------------------------------------------------------------------------------------------------------  Designation of
                                                Formula                                         Sample calculation                           emission
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                 *                  *                   *                   *                  *                   *                   *
 
                                                               III-A. Frequency Modulation
 
                 *                  *                   *                   *                  *                   *                   *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 6. Composite Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Radio-relay system...........  Bn = 2K/t                                  Pulse position modulated by 36 voice channel baseband: pulse   8M00M7E
                               K = 1.6                                     width at half amplitude 0.4 S; Bn = 8  x  106 Hz =
                                                                           8 MHz (Bandwidth independent of the number of voice
                                                                           channels)
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 59217]]

 
Composite transmission         Bn = 2RK/log2S                             Digital modulation used to send 5 megabits per second by use   5M00K7
 digital modulation using DSB-                                             of amplitude modulation of the main carrier with 4 signaling
 AM (Microwave radio relay                                                 states R = 5  x  106 bits per second; K = 1; S = 4; Bn = 5
 system).                                                                  MHz
--------------------------------------------------------------------------------------------------------------------------------------------------------
Binary Frequency Shift Keying  (0.03  2D/R  1.0);                         Digital modulation used to send 1 megabit per second by        2M80F1D
                               Bn = 3.86D + 0.27R                          frequency shift keying with 2 signaling states and 0.75 MHz
                               (1.0  2D/R  2)                              peak deviation of the carrier. R = 1  x  106 bps;D = 0.75  x
                               Bn = 2.4D + 1.0R                             106 Hz;Bn = 2.8 MHz
--------------------------------------------------------------------------------------------------------------------------------------------------------
Multilevel Frequency Shift     Bn = (R/log2S) + 2DK                       Digital modulation to send 10 megabits per second by use of    9M00F7D
 Keying.                                                                   frequency shift keying with four signaling states and 2 MHz
                                                                           peak deviation of the main carrier. R = 10  x  106 bps; D =
                                                                           2 MHz; K = 1; S = 4; Bn= 9 MHz
--------------------------------------------------------------------------------------------------------------------------------------------------------
Phase Shift Keying...........  Bn= 2RK/log2S                              Digital modulation used to send 10 megabits per second by use  10M0G7D
                                                                           of phase shift keying with 4 signaling states R = 10  x  106
                                                                           bps; K = 1; S = 4; Bn= 10 MHz
--------------------------------------------------------------------------------------------------------------------------------------------------------
Quadrature Amplitude           Bn= 2R/log2S                               64 QAM used to send 135 Mbps has the same necessary bandwidth  45M0W
 Modulation (QAM).                                                         as 64-PSK used to send 135 Mbps; R = 135  x  106 bps; S =
                                                                           64; Bn= 45 MHz
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minimum Shift Keying.........  2-ary: Bn = R(1.18)                        Digital modulation used to send 2 megabits per second using 2- 2M36G1D
                               4-ary: Bn= R(2.34)                          ary minimum shift keying R = 2.36  x  106 bps; Bn= 2.36 MHz
--------------------------------------------------------------------------------------------------------------------------------------------------------

    3. Section 2.948 is amended by adding a new sentence to the end of 
paragraph (a)(2) and by adding paragraphs (a)(2)(i), (a)(2)(ii), 
(a)(2)(iii) and (e) and, by revising paragraphs (a)(3), (b)(8) and (d) 
to read as follows:


Sec. 2.948  Description of measurement facilities.

    (a) * * *
    (2) * * * A laboratory that has been accredited in accordance with 
paragraph (d) of this section, is not required to file a description of 
its facilities with the Commission's laboratory, provided the 
accrediting organization (or designating authority in the case of 
foreign laboratories) submits the following information to the 
Commission's laboratory:
    (i) Laboratory name, address and contact information.
    (ii) Scope of accreditation.
    (iii) Date of accreditation and renewal date of accreditation.
    (3) If the equipment is to be authorized under the Declaration of 
Conformity procedure, the laboratory making the measurements must be 
accredited in accordance with paragraph (d) of this section.
    (b) * * *
    (8) For equipment that will be measured on an open field test site, 
a plot of site attenuation data taken pursuant to the procedures 
contained in sections 5.4.6 through 5.5 of the following procedure: 
Institute of Electrical and Electronics Engineers (IEEE) C63.4-2000, 
entitled ``Interim Standard for Methods of Measurement of Radio-Noise 
Emissions from Low-Voltage Electrical and Electronic Equipment in the 
Range of 9 kHz to 40 GHz,'' published by the Institute of Electrical 
and Electronics Engineers, Inc. on December 8, 2000 as document number 
SH94908. This incorporation by reference was approved by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies of C63.4-2000 may be obtained from: IEEE Standards 
Department, 455 Hoes Lane, P.O. Box 1331, Piscataway, NJ 08855-1331, 
telephone 1-800-678-4333. Copies of ANSI C63.4-2000 may be inspected at 
the following locations:
    (i) Federal Communications Commission, 445 12th Street, SW., Office 
of Engineering and Technology (room 7-B144), Washington, DC 20554,
    (ii) Federal Communications Commission Laboratory, 7435 Oakland 
Mills Road, Columbia, MD 21046, or
    (iii) Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington, DC.
* * * * *
    (d) A laboratory that has been accredited with a scope covering the 
required measurements shall be deemed competent to test and submit test 
data for equipment subject to verification, DoC and certification. Such 
a laboratory shall be accredited by an approved accreditation 
organization based on the International Organization for 
Standardization/International Electrotechnical Commission (ISO/IEC) 
Standard 17025, ``General Requirements for the Competence of 
Calibration and Testing Laboratories.'' The organization accrediting 
the laboratory must be approved by the Commission's Office of 
Engineering and Technology, as indicated in Sec. 0.241 of this chapter, 
to perform such accreditation based on ISO/IEC 58, ``Calibration and 
Testing Laboratory Accreditation Systems--General Requirements for 
Operation and Recognition.'' The frequency for revalidation of the test 
site and the information that is required to be filed, or retained by 
the testing party shall comply with the requirements established by the 
accrediting organization.
    (e) The accreditation of a laboratory located outside of the United 
States, or its possessions, will be acceptable only under one of the 
following conditions:
    (1) If the accredited laboratory has been designated by a foreign 
designating authority and recognized by the Commission under the terms 
of a government-to-government Mutual Recognition Agreement/Arrangement; 
or

[[Page 59218]]

    (2) If the laboratory has been recognized by the Commission as 
being accredited by an organization that has entered into an 
arrangement between accrediting organizations and the arrangement has 
been recognized by the Commission.


Sec. 2.1033  [Amended]

    4. Section 2.1033 is amended by redesignating paragraph (c)(17) as 
paragraph (d).
    5. Section 2.1055 is amended by revising paragraph (a)(2) to read 
as follows:


Sec. 2.1055  Measurements required: Frequency stability.

    (a) * * *
    (2) From -20 deg. to +50 deg. centrigrade for equipment to be 
licensed for use in the Maritime Services under part 80 of this 
chapter, except for Class A, B, and S Emergency Position Indicating 
Radiobeacons (EPIRBS), and equipment to be licensed for use above 952 
MHz at operational fixed stations in all services, stations in the 
Local Television Transmission Service and Point-to-Point Microwave 
under part 21 of this chapter, and equipment licensed for use aboard 
aircraft in the Aviaiton Services under part 87 of this chapter, and 
equipment authorized for use in the Family Radio Service under Part 95 
of this chapter.
* * * * *


Sec. 2.1061  [Removed]

    6. Remove Sec. 2.1061 and the undesignated center heading 
immediately preceding it.


Sec. 2.1063  [Removed]

    7. Remove Sec. 2.1063


Sec. 2.1065  [Removed]

    8. Remove Sec. 2.1065

PART 15--RADIO FREQUENCY DEVICES

    9. The authority citation for part 15 continues to read as follows:

    Authority: 47 U.S.C. 154, 302, 303, 304, 307, 336 and 544A.

    10. Section 15.19 is amended by revising paragraphs (b)(1) 
introductory text and (b)(1)(i) introductory text to read as follows:


Sec. 15.19  Labeling requirements.

* * * * *
    (b) * * *
    (1) The label shall be located in a conspicuous location on the 
device and shall contain the unique identification described in 
Sec. 2.1074 of this chapter and either of the following logos:
    (i) If the product is authorized based on testing of the product or 
system:
* * * * *
    11. Section 15.21 is amended by adding the following sentence to 
the end of the section to read as follows:


Sec. 15.21  Information to user.

    * * * In cases where the manual is only available electronically 
through the Internet or other computer network, the information 
required by this section may be included in the electronic manual.
    12. Section 15.31 is amended by revising paragraph (a) to read as 
follows:


Sec. 15.31  Measurement standards.

    (a) The following measurement procedures are used by the Commission 
to determine compliance with the technical requirements in this part. 
Except where noted, copies of these procedures are available from the 
Commission's current duplicating contractor whose name and address are 
available from the Commission's Consumer Information Bureau at 1-888-
CALL FCC (1-888-225-5322).
    (1) FCC/OET MP-2: Measurement of UHF Noise Figures of TV Receivers.
    (2) Unlicensed Personal Communication Service (UPCS) devices are to 
be measured for compliance using American National Standards Institute 
(ANSI) C63.17-1998, entitled ``American National Standard for Methods 
of Measurement of the Electromagnetic and Operational Compatibility of 
Unlicensed Personal Communications Services (UPCS) Devices'', published 
by the Institute of Electrical and Electronics Engineers, Inc. on March 
24, 1998 as document number SH94568. This incorporation by reference 
was approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51.
    (3) Other intentional and unintentional radiators are to be 
measured for compliance using the following procedure excluding 
sections 4.1.5.2, 5.7, 9 and 14: Institute of Electrical and 
Electronics Engineers (IEEE) C63.4--2000, entitled ``Interim Standard 
for Methods of Measurement of Radio-Noise Emissions from Low-Voltage 
Electrical and Electronic Equipment in the Range of 9 kHz to 40 GHz,'' 
published by the Institute of Electrical and Electronics Engineers, 
Inc. on December 8, 2000 as document number SH94908. This incorporation 
by reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (i) Copies of ANSI C63.17-1998 and C63.4-2000 may be obtained from: 
IEEE Standards Department, 455 Hoes Lane, P.O. Box 1331, Piscataway, NJ 
08855-1331, telephone 1-800-678-4333.
    (ii) Copies of ANSI C63.17-1998 and C63.4-2000 may be inspected at 
the following locations:
    (A) Federal Communications Commission, 445 12th Street, SW, Office 
of Engineering and Technology (room 7-B144), Washington, DC 20554,
    (B) Federal Communications Commission Laboratory, 7435 Oakland 
Mills Road, Columbia, MD 21046, or
    (C) Office of the Federal Register, 800 North Capitol Street, NW, 
suite 700, Washington, DC.
    13. Section 15.105 is amended by adding a new paragraph (e) to read 
as follows:


Sec. 15.105  Information to the user.

* * * * *
    (e) In cases where the manual is only available electronically 
through the Internet or other computer network, the information 
required by this section may be included in the electronic manual.


Sec. 15.118  [Amended]

    14. Section 15.118(b) is amended by removing the words ``Federal 
Communications Commission, 1919 M Street, NW., Dockets Branch (Room 
239), Washington, DC'' and adding in its place the words, ``Federal 
Communications Commission, 445 12th Street, SW., Washington, DC.''


Sec. 15.120  [Amended]

    15. Section 15.120(d)(1) is amended by removing the words ``Federal 
Communications Commission, 2000 M Street, NW., Technical Information 
Center (Suite 230), Washington, DC'' and adding in its place the words 
``Federal Communications Commission, 445 12th Street, SW., Washington, 
DC''.
    16. Section 15.205 is amended by adding paragraph (d)(6) to read as 
follows.


Sec. 15.205  Restricted bands of operation.

* * * * *
    (d) * * *
    (6) Devices operated pursuant to Sec. 15.225 are exempt from 
complying with this section for the 13.36-13.41 MHz band only.
* * * * *
    17. Section 15.215 is amended by adding paragraph (e) to read as 
follows:


Sec. 15.215  Additional provisions to the general radiated emission 
limitations.

* * * * *
    (e) Intentional radiators transmitting in the spectrum below 490 
kHz with a measured fundamental field strength 40 dB or more below the 
limits specified in Sec. 15.209(a) for this band, are subject

[[Page 59219]]

only to the general conditions of operation in Secs. 15.5 and 15.29 and 
are exempt from the specific technical standards and other requirements 
contained in this part. The operator of the exempted device shall be 
required to take any steps necessary to stop transmission from the 
device upon a finding by the Commission or its representative that the 
device is causing harmful interference. Transmission shall not resume 
until the condition causing the harmful interference has been 
corrected.
    18. Section 15.225 is revised to read as follows:


Sec. 15.225  Operation within the band 13.110-14.010 MHz.

    (a) The field strength of any emissions within the band 13.553-
13.567 MHz shall not exceed 15,848 microvolts/meter at 30 meters.
    (b) Within the bands 13.410-13.553 MHz and 13.567-13.710 MHz, the 
field strength of any emissions shall not exceed 334 microvolts/meter 
at 30 meters.
    (c) Within the bands 13.110-13.410 MHz and 13.710-14.010 MHz the 
field strength of any emissions shall not exceed 106 microvolts/meter 
at 30 meters.
    (d) The field strength of any emissions appearing outside of the 
13.110-14.010 MHz band shall not exceed 30 microvolts/meter at 30 
meters.
    (e) The frequency tolerance of the carrier signal shall be 
maintained within 0.01% of the operating frequency over a 
temperature variation of -20 degrees to +50 degrees C at normal supply 
voltage, and for a variation in the primary supply voltage from 85% to 
115% of the rated supply voltage at a temperature of 20 degrees C. For 
battery operated equipment, the equipment tests shall be performed 
using a new battery.
    (f) In the case of radio frequency powered tags designed to operate 
with a device authorized under this section, the tag may be approved 
with the device or be considered as a separate device subject to its 
own authorization. Powered tags approved with a device under a single 
application shall be labeled with the same identification number as the 
device.
    19. Section 15.231 is amended by revising the section heading and 
the first sentence of paragraph (a) to read as follows:


Sec. 15.231  Operation in the band 40.66-40.70 MHz and above 70 MHz.

    (a) The provisions of this section are restricted to operation 
within the band 40.66-40.70 MHz and above 70 MHz.* * *
* * * * *
    20. Section 15.240 is added to read as follows:


Sec. 15.240  Operation in the band 425-435 MHz.

    (a) Operation under the provisions of this section is restricted to 
devices that use radio frequency energy to locate and identify devices 
and exchange data. Devices operated pursuant to the provisions of this 
section shall be digital data devices and not be used for voice 
communications.
    (b) The field strength of any emissions radiated within the 
specified frequency band shall not exceed 11,000 microvolts per meter 
measured at a distance of 3 meters. The emission limit in this 
paragraph is based on measurement instrumentation employing an average 
detector. The provisions in Sec. 15.35 for limiting peak emissions 
apply. Additionally, devices authorized under these provisions shall be 
provided with a means for automatically limiting operation so that the 
duration of each transmission shall not be greater than 120 seconds and 
be only permitted to reinitiate an interrogation in the case of a 
transmission error. Absent such a transmission error, the silent period 
between transmissions shall not be less than 10 seconds.
    (c) The field strength of emissions radiated on any frequency 
outside of the specified band shall not exceed the general radiated 
emission limits in Sec. 15.209.
    (d) The device shall be self-contained with no external or readily 
accessible controls that may be adjusted to permit operation in a 
manner inconsistent with the provisions in this section. Any antenna 
that may be used with this device shall be permanently attached and 
shall not be readily modifiable by the user.
    (e) In the case of radio frequency powered tags designed to operate 
with a device authorized under this section, the tag may be approved 
with the device or be considered as a separate device subject to its 
own authorization. Powered tags approved with a device under a single 
application shall be labeled with the same identification number as the 
device.
    21. Section 15.255 is amended by revising paragraph (b)(5) to read 
as follows.


Sec. 15.255  Operation within the band 59.0-64.0 GHz.

* * * * *
    (b) * * *
    (5) The average emission levels shall be calculated, based on the 
measured peak levels, over the actual time period during which 
transmission occurs.
* * * * *

PART 18--INDUSTRIAL, SCIENTIFIC, AND MEDICAL EQUIPMENT

    22. The authority citation for part 18 continues to read as 
follows:

    Authority: 47 U.S.C. 4, 301, 302, 303, 304, 307.


Sec. 18.103  [Removed].

    23. Remove Sec. 18.103.


Sec. 18.105  [Removed].

    24. Remove Sec. 18.105.


Sec. 18.119  [Removed].

    25. Remove Sec. 18.119.

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

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

    Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), 332(c)(7).

    27. Section 90.203 is amended by revising paragraph (k) to read as 
follows:


Sec. 90.203  Certification required.

* * * * *
    (k) For transmitters operating on frequencies in the 220-222 MHz 
band, certification will only be granted for equipment with channel 
bandwidths up to 5 kHz, except that certification will be granted for 
equipment operating on 220-222 MHz band Channels 1 through 160 
(220.0025 through 220.7975/221.0025 through 221.7975), 171 through 180 
(220.8525 through 220.8975/221.8525 through 221.8975), and 186 through 
200 (220.9275 through 220.9975/221.9275 through 221.9975) with channel 
bandwidths greater than 5 kHz.
* * * * *
[FR Doc. 01-29344 Filed 11-26-01; 8:45 am]
BILLING CODE 6712-01-P