[Federal Register Volume 67, Number 9 (Monday, January 14, 2002)]
[Rules and Regulations]
[Pages 1623-1625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-871]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket 98-156; FCC 01-357]


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

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends the Commission's rules to allow the 
operation of fixed point-to-point transmitters in the 24.05-24.25 GHz 
band at field strengths of up to 2500 mV/m. Devices operating at these 
higher levels will be required to use highly directional antennas to 
minimize the possibility of creating harmful interference to other 
services in the band. This action will facilitate the introduction of a 
variety of new, innovative products and services in the band, such as 
managing the network traffic on a high-speed wireless internet service 
or connecting a multiple building intra-office network.

DATES: Effective February 13, 2002.

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

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, ET Docket 98-156, FCC 01-357, adopted December 11, 2001 and 
released December 14, 2001. The full text of this document is available 
on the Commission's internet site at www.fcc.gov. It is also available 
for inspection and copying during regular business hours in the FCC 
Reference Center (Room CY-A257), 445 Twelfth Street, SW., Washington, 
DC 20554. The complete text of this document may be purchased from the 
Commission's duplication contractor Qualex International, (202) 863-
2893 voice, (202) 863-2898 Fax, [email protected] e-mail, Portals II, 
445 12th St., SW., Room CY-B402, Washington, DC 20554.

Summary of Report and Order

    1. In the NPRM in this proceeding, the Commission proposed to 
modify Sec. 15.249 to allow operation of fixed point-to-point devices 
in the 24.05-24.25 GHz band segment of the 24 GHz spectrum in 
accordance with the field strength limit and antenna gain requirements 
requested by Sierra Digital Communications, Inc., 63 FR 50185, 
September 21, 1998. This Report and Order amends Sec. 15.249 to permit 
the

[[Page 1624]]

operation of unlicensed point-to-point transmitters in the 24.05-24.25 
GHz band with field strengths up to 2500 mV/m measured at 3 meters, 
provided that such devices use directional antennas with gains of at 
least 33 dBi or a main lobe beamwidth not exceeding 3.5 degrees. Using 
a directional antenna with either the specified minimum gain or maximum 
main lobe beamwidth will produce a narrow radiation pattern thereby 
minimizing the area over which interference to other devices may occur. 
We find that it is in the public interest to allow such operations on 
an unlicensed basis to supplement the growing demand for licensed 
point-to-point facilities to satisfy important communications needs. As 
Sierra observes, increasing the field strength limit will promote 
greater use of part 15 unlicensed devices for purposes such as 
emergency restoration of communications in disaster situations, low-
cost telecommunications delivery in rural areas, and other beneficial 
applications.
    2. ARRL argues that the amateur service in the 24.05-24.25 GHz band 
uses sensitive receivers that will be threatened by part 15 devices 
operating pursuant to the proposed rules. We do not agree that there 
will be an increased risk of interference to amateur operations in the 
24.05-24.25 GHz band segment. The use of a directional antenna will 
change the shape of the radiated radio frequency field but not the 
amount of geographic area contained in that field. While signals will 
travel further in the intended direction of communication, they will be 
limited in all other directions. As Sierra demonstrated in response to 
ARRL's concerns, the total area encompassed by the radiated field of 
the directional antenna will be equal to or less than the area 
encompassed by the radiated field of a lower-powered omni-directional 
antenna. We also note that Sec. 15.245 of the rules allows field 
disturbance sensors to operate in the same band at 2500 mV/m. These 
devices have been authorized to operate for years with no adverse 
affects to other users in the band, including amateur operations. We 
thus find that, devices operating with field strengths up to 2500 mV/m 
with a directional antenna as prescribed herein will have the same or 
less interference potential as other devices currently authorized under 
part 15. Our decision here is also consistent with our earlier ruling 
in the Report and Order in ET Docket No. 96-8 wherein the Commission 
stated that the directional antenna requirement adopted for spread 
spectrum transmitters would ensure that the area over which harmful 
interference can occur is equivalent to what would be caused by a 
transmitter using an omni-directional antenna operating at a lower 
output power.
    3. In an effort to ensure, to the greatest extent possible, that 
devices operating in accordance with these regulations will not create 
unwanted adjacent band interference, we are imposing more stringent 
operating conditions than proposed in the NPRM. Although the NPRM 
proposed a frequency stability requirement of only 0.003%, we will 
require these devices to maintain their transmitting frequency within 
0.001% of nominal. Requiring 0.001% frequency stability in lieu of 
0.003% will ensure that emissions remain within the authorized 
transmission bandwidth and minimize drift into the adjacent bands which 
are allocated on a primary basis to the amateur satellite service 
(24.00 24.05 GHz) and the DEMS (24.25-24.45 GHz) both of which are 
susceptible to interference from relatively low-level signals. 
Additionally, we are requiring, under Sec. 15.249, that the field 
strength of emissions outside of the 24.05-24.25 GHz band, except for 
harmonics, be attenuated by at least 50 dB below the fundamental or to 
the general emissions limits contained in Sec. 15.209 of the 
Commission's rules, whichever is the lesser attenuation.
    4. Finally, we will address harmonic emissions. Section 15.209 set 
the limit for out-of-band emissions of part 15 devices, which is 500 
uV/m at 3 meters. Harmonic emissions from transmitters operating under 
Sec. 15.249 are permitted at different levels, generally higher, than 
other out-of-band emissions, and those limits are specified in that 
section. Section 15.205(b), however, provides that the Sec. 15.209 
limits shall not be exceeded in the restricted bands. All of the 
harmonics of the 24 GHz transmitters at issue here fall into the 
restricted band above 38.6 GHz, and thus must observe the 15.209 
limits, rather than the less restrictive 15.249 limits. The Commission 
is considering in a separate proceeding, the possibility of removing 
the Sec. 15.209 limits for some bands above 38.6 GHz, among other 
issues. For more information see Notice of Proposed Rulemaking in ET 
Docket 01-278, released October 15, 2001, 66 FR 59209, November 27, 
2001.
    5. In conclusion, we find that the public interest is served by 
permitting unlicensed point-to-point devices to operate at 2500 mV/m, 
under the conditions discussed, in the 24.05-24.25 GHz band. The band 
has accommodated unlicensed transmissions, government radar, and 
amateur facilities with no major conflicts. By allowing a greater 
variety of systems to occupy the band, we will provide the opportunity 
for innovative products and services to be made available to the 
American public as quickly as demand dictates.

Final Regulatory Flexibility Analysis

    6. As required by section 603 of the Regulatory Flexibility Act 
(``RFA''),\1\ an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Notice of Proposed Rule Making (NPRM).\2\ The 
Commission sought written public comment on the proposal in the NPRM, 
including comment on the IRFA. The Commission's Final Regulatory 
Flexibility Analysis (``FRFA'') in the Report and Order conforms to the 
RFA.\3\
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    \1\ 5 U.S.C. 603.
    \2\ See ET Docket 98-156, 63 FR 50185 (1998).
    \3\ See 5 U.S.C. 604.
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A. Need for and Objective of the Rules

    7. The rule changes adopted in this Report and Order will help 
satisfy the growing demand for readily available unlicensed systems in 
the 24 GHz band.\4\ The rules will allow fixed point-to-point 
transmitters to operate in the 24.05-24.25 GHz band at field strengths 
of up to 2500 mV/m. This action will facilitate the introduction of a 
variety of new services to the band. The requirement to use directional 
antennas will minimize the possibility of creating harmful interference 
to existing services while, at the same time, providing for 
communication links of greater distances.
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    \4\ Unlicensed transmitters are permitted to operate in the 24 
GHz band pursuant to certain conditions. See Report and Order at 
paragraph 2. See also 47 CFR 15.249.
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B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA.

    8. No comments were filed in direct response to the IRFA. Moreover, 
no comments in response the NPRM discussed small business-related 
issues.

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

    9. 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 rules adopted herein.\5\ The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.''\6\ In addition, the term ``small business'' has the 
same meaning

[[Page 1625]]

as the term ``small business concern'' under the Small Business Act.\7\ 
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).\8\
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    \5\ 5 U.S.C. 603(b)(3).
    \6\ 5 U.S.C. 601(6).
    \7\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in the Small Business Act, 15 U.S.C. 
632). Pursuant to 5 U.S.C. 601(3), 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.''
    \8\ 15 U.S.C. 632.
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    10. The Commission has not developed a definition of small entities 
applicable to unlicensed communications devices. Therefore, we will 
utilize the SBA definition applicable to manufacturers of Radio and 
Television Broadcasting and Communications Equipment. According to the 
SBA regulations, unlicensed transmitter manufacturers must have 750 or 
fewer employees on order to qualify as a small business concern.\9\ 
Census Bureau data indicates that there are 858 U.S. companies 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.\10\
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    \9\ See 13 CFR 121.201, NAICS Code 334220 (SIC Code 3663). 
Although SBA now uses the NAICS classifications, instead of SIC, the 
size standard remains the same.
    \10\ See U.S. Dept. of Commerce, 1992 Census of Transportation, 
Communications and Utilities (issued May 1995), SIC category 3663 
(NAICS Code 334220).
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D. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements

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

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

    12. The rule changes adopted in this Report and Order will permit 
manufacturers, including small entities, to market more diverse 
products in the 24 GHz band. The American Radio Relay League filed 
comments suggesting that the Commission also require manufacturers to 
maintain detailed records of their customers' installations of these 
devices. This information would be given to ARRL periodically to aid in 
coordination. The Commission believes that compliance with this 
additional regulation would create an undue economic burden for device 
manufacturers, especially smaller entities. The Commission noted that 
instituting such a rule could lead to more expensive part 15 equipment 
and slower speed to market. Therefore, the Commission declined to adopt 
such a requirement.

F. Report to Congress

    13. The Commission will send a copy of the Report and Order, 
including this FRFA, in a report to be sent to Congress pursuant to the 
Congressional Review Act.\11\ In addition, the Commission will send a 
copy of the Report and Order, including this FRFA, to the Chief Counsel 
for Advocacy of the SBA.
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    \11\ See 5 U.S.C. 801(a)(1)(A).
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    14. It is Further Ordered that the Commission's Consumer 
Information Bureau, Reference Information Center, shall send a copy of 
this Report and Order, including the Final Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects in 47 CFR Part 15

    Communications equipment.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 15 as follows:

PART 15--RADIO FREQUENCY DEVICES

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

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


    2. Amend Sec. 15.249 as follows:
    (a) Revise paragraph (a) introductory text;
    (b) Redesignate paragraphs (b), (c), (d) and (e) as paragraphs (c), 
(d), (e) and (f);
    (c) Add new paragraph (b); and
    (d) Revise newly designated paragraph (e).


Sec. 15.249  Operation within the bands 902-928 MHz, 2400-2483.5 MHz, 
5725-5875 MHz, and 24.0-24.25 GHz.

    (a) Except as provided in paragraph (b) of this section, the field 
strength of emissions from intentional radiators operated within these 
frequency bands shall comply with the following:
* * * * *
    (b) Fixed, point-to-point operation as referred to in this 
paragraph shall be limited to systems employing a fixed transmitter 
transmitting to a fixed remote location. Point-to-multipoint systems, 
omnidirectional applications, and multiple co-located intentional 
radiators transmitting the same information are not allowed. Fixed, 
point-to-point operation is permitted in the 24.05-24.25 GHz band 
subject to the following conditions:
    (1) The field strength of emissions in this band shall not exceed 
2500 millivolts/meter.
    (2) The frequency tolerance of the carrier signal shall be 
maintained within 0.001% 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.
    (3) Antenna gain must be at least 33 dBi. Alternatively, the main 
lobe beamwidth must not exceed 3.5 degrees. The beamwidth limit shall 
apply to both the azimuth and elevation planes. At antenna gains over 
33 dBi or beamwidths narrower than 3.5 degrees, power must be reduced 
to ensure that the field strength does not exceed 2500 millivolts/
meter.
* * * * *
    (e) As shown in Sec. 15.35(b), for frequencies above 1000 MHz, the 
field strength limits in paragraphs (a) and (b) of this section are 
based on average limits. However, the peak field strength of any 
emission shall not exceed the maximum permitted average limits 
specified above by more than 20 dB under any condition of modulation. 
For point-to-point operation under paragraph (b) of this section, the 
peak field strength shall not exceed 2500 millivolts/meter at 3 meters 
along the antenna azimuth.
* * * * *
[FR Doc. 02-871 Filed 1-11-02; 8:45 am]
BILLING CODE 6712-01-P