[Federal Register Volume 67, Number 145 (Monday, July 29, 2002)]
[Rules and Regulations]
[Pages 48989-48993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19178]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket No. 01-278; FCC 02-211]


Radar Detectors

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document requires radar detectors to comply with limits 
on radiated emissions in the 11.7-12.2 GHz band to prevent interference 
to satellite services. Radar detectors are required to be approved by 
the Federal Communications Commission or another designated 
organization before they can be marketed within the United States.

DATES: Effective August 28, 2002. See Sec. 15.37(k) for Applicability 
Dates.

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 First 
Report and Order, ET Docket No. 01-278, FCC 02-211, adopted July 12, 
2002, and released July 19, 2002. The full text of this document is 
available for inspection and copying during regular business hours in 
the FCC Reference Center (Room CY-A257), 445 12th Street, SW., 
Washington, DC 20554. The complete text of this document also may be 
purchased from the Commission's copy contractor, Qualex International, 
445 12th Street, SW., Room, CY-B402, Washington, DC 20554. The full 
text may also be downloaded at: www.fcc.gov. Alternative formats are 
available to persons with disabilities by contacting Brian Millin at 
(202) 418-7426 or TTY (202) 418-7365.

Summary of the First Report and Order

    1. By this action, the Commission is requiring that radar detectors 
comply with radiated emission limits in the 11.7-12.2 GHz band under 
part 15 of the rules, and that all radar detectors be certified to 
demonstrate compliance with the emission limits before they can be 
marketed. The requirements will become effective thirty days from the 
publication of the rules in the Federal Register for radar detectors 
being manufactured and imported, and sixty days after publication of 
the rules in the Federal Register for radar detectors being marketed. 
This action will significantly reduce interference from radar detectors 
to very small aperture satellite terminals (VSATs.)
    2. Most receivers contain one or more oscillators that generate 
radio frequency signals intended to be used internally within the 
device in tuning the received signal. These generated signals can 
radiate from the receiver and have the potential to interfere with 
other nearby receivers. For this reason, part 15 of the Commission's 
rules requires certain receivers to meet the radiated emission limits 
for ``unintentional radiators'' to minimize the possibility of 
interference. The current rules require only receivers that tune in the 
range of 30-960 MHz and Citizen's Band receivers to comply with these 
limits. Other receivers are not required to comply with the limits, but 
the rules require that any receiver that causes interference must cease 
operation. When these requirements were established, most consumer 
receivers tuned only below 960 MHz. Because there was less probability 
of receivers that tune above 960 MHz causing interference, the rules 
did not require such receivers to meet emission limits or to receive an 
equipment authorization. The emission limit that applies to 
unintentional radiators other than receivers at frequencies above 960 
MHz is a field strength limit of 500 V/m measured at a 
distance of 3 meters.
    3. Radar detectors that warn of the presence of police speed-
measuring radars are currently exempt from complying with the part 15 
emission limits because they are receivers that tune only 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. Radar detectors contain a tuning oscillator 
that operates above the 10.50-10.55 GHz band. In older models this 
oscillator generally operated on frequencies below the 11.7-12.2 GHz 
VSAT downlink band, and we have not received complaints of interference 
to VSATs from such models. However, the potential for radar detectors 
to interfere with VSATs has recently increased because radar detector 
manufacturers have begun using oscillators at higher frequencies that 
place swept frequency emissions within the VSAT downlink band. The 
purpose of these changes was to enhance detection of police radar while 
making it more difficult for police to detect the presence of radar 
detectors in vehicles.
    4. On October 15, 2001, the Commission adopted a Notice of Proposed 
Rule Making and Order (``NPRM'') 66 FR 59209, November 27, 2001, that 
proposed to make a number of changes to part 15 and other parts of the 
rules. The NPRM sought comment on whether there is a need to require 
radar detectors to comply with radiated emission limits to minimize the 
possibility of interference to authorized services including VSAT 
operations, and if so, the appropriate limits that should be applied. 
The NPRM also sought comments on whether there are other receivers that 
tune above 960 MHz that should be required to comply with emission 
limits, and if so, the appropriate limits and frequency bands where 
they should apply. Further, the NPRM sought comment concerning the 
timeframe for affected receivers that should be required to comply with 
any new emission limits.
    5. We have found that radar detectors being marketed emit high 
level radio signals that can cause interference to VSATs. Accordingly, 
we conclude that

[[Page 48990]]

there is a need for limits on the radiated emissions from radar 
detectors to protect VSATs from interference. Tests on several radar 
detectors at the Commission's laboratory found emission levels ranging 
from 33,000 V/m to 231,000 V/m at 3 meters within the 
VSAT band. The information in the record in this proceeding claims that 
some radar detector emissions exceed 100,000 V/m at 3 meters 
in the VSAT band, which is consistent with our measurements. These 
levels are far greater than the satellite receive signal levels in the 
11.7-12.2 GHz band. These levels are also greater than the levels part 
15 permits for some transmitters operating in Industrial, Scientific 
and Medical (ISM) bands, and are over 200 times greater than the part 
15 limit for spurious emissions above 960 MHz. Such levels have a high 
potential for causing interference to satellite operations, and the 
information in the record does in fact document many instances of 
harmful interference caused by radar detectors to satellite operations. 
VSATs use relatively small receive antenna dishes, on the order of one 
to two meters, which are less directional and less able to reject 
signals outside the main receive axis than larger antenna dishes. Also, 
VSATs are commonly used by small businesses such as stores and gas 
stations, so they are typically located close to the ground and in 
close proximity to automobiles. For these reasons, they can not 
tolerate the levels of interfering signals being emitted by radar 
detectors.
    6. Part 15 requires the operator of an unlicensed device (in this 
case, the user of a radar detector) to cease operation in the event the 
device causes harmful interference, even if that device is not subject 
to specific emission limits. However, identifying each individual 
source of interference from radar detectors is not practical for a 
satellite operator because these devices are mobile and therefore 
interfere intermittently. Further, these interference sources are not 
under the control of the satellite operator, so in most cases it is not 
possible for the satellite operator to remedy the interference even if 
the source could be identified. Under Section 302 of the Communications 
Act, the Commission has authority to make reasonable regulations 
governing the interference potential of devices which in their 
operation are capable of emitting radio frequency radiation in 
sufficient degree to cause harmful interference to radio 
communications, and to require devices marketed to comply with these 
regulations. We conclude that the only reasonable solution to this 
interference situation is to require radar detectors to comply with 
emission limits before they are marketed.
    7. We will define a radar detector as a receiver designed to signal 
the presence of radio signals used for determining the speed of motor 
vehicles because that is the type of device that has caused 
interference to VSATs and this definition best covers the general range 
of these products. We do not intend for this definition to encompass 
the receiver incorporated within a radar transceiver certified under 
the Commission's rules such as a police radar gun or an anti-collision 
radar because those devices have not been a source of interference to 
VSATs.
    8. We will require radar detectors to comply with the same limit in 
the 11.7-12.2 GHz VSAT band that applies to other unintentional 
radiators operating under part 15 of the rules. This limit is 500 
V/m measured at a distance of 3 meters, and is based on the 
use of measurement equipment with a 1 MHz measurement bandwidth and an 
average detector function. As with other part 15 devices, the emission 
levels measured with a peak detector function may not exceed the 
average limit by more than 20 dB. This emission limit has a long and 
successful history of controlling interference to authorized services 
and will protect VSATs from harmful interference caused by radar 
detectors in virtually all cases. In those rare cases where radar 
detector emissions at that level cause harmful interference, the non-
interference requirement of Sec. 15.5 will continue to apply. We are 
applying emission limits in only the VSAT downlink band because the 
only complaints of interference that we have received are to VSAT 
receivers in the 11.7-12.2 GHz band. We expect that adopting these 
limits will result in manufacturers changing receiver local oscillators 
to frequencies outside this band, so as a practical matter only 
spurious emissions will fall within the VSAT downlink band. These 
emissions will typically be far below the emission limit we are 
adopting and are unlikely to result in harmful interference to VSATs.
    9. As stated in part 15 of the rules, we expect manufacturers to 
use good engineering practice in the design of their equipment and 
suppress emissions as much as practicable. We will consider modifying 
the emission limits we are adopting for radar detectors if a need is 
shown for such changes, such as if interference to VSAT operations or 
other authorized services occurs. We are also willing to consider, in 
future proceedings, limiting radar detector primary oscillators to 
particular frequencies, should that prove necessary to avoid harmful 
interference.
    10. Because many radar detectors being marketed today emit high 
level signals that can cause interference to VSATs, we conclude that 
the public interest is best served by requiring that all radar 
detectors marketed within the United States meet the new emission 
limits quickly. Accordingly, we are requiring that all radar detectors 
marketed beginning sixty days after publication of this decision and 
the associated rules in the Federal Register must comply with the new 
rules. This plan will provide a reasonable amount of time for 
manufacturers, wholesalers and retailers to be notified of the rule 
changes so they can cease marketing non-compliant units. Furthermore, 
we are requiring that radar detectors imported into the United States 
or manufactured in this country for use within this country comply with 
the new rules beginning thirty days after publication of this decision 
and the associated rules in the Federal Register. In requiring that 
manufacturing and importation of radar detectors meet the new 
requirements before the marketing cut-off date, we are providing 
manufacturers time to introduce compliant models before the sixty-day 
marketing cutoff. This will also prevent the manufacture or importation 
of large numbers of non-compliant devices prior to the marketing cutoff 
date. The new rules will apply only to devices being imported, 
manufactured and marketed after the specified effective dates. We are 
not adopting specific rules concerning devices already sold, but such 
devices will continue to be subject to the non-interference requirement 
in Sec. 15.5 of the rules.
    11. We will require that radar detectors be authorized under our 
certification procedure because they have been found to emit spurious 
RF energy at levels that can cause harmful interference to authorized 
radio services. The certification procedure provides a higher level of 
oversight of equipment compliance prior to marketing than either the 
Declaration of Conformity (DoC) or the verification self-approval 
procedures. As we noted previously, equipment with the potential to 
create significant interference to communication services requires a 
higher level of oversight than manufacturer's self-approval. In view of 
the fact that the new rules we are establishing for radar detectors are 
clear and the testing methods used to determine compliance with the 
rules are straightforward, we will permit Telecommunication 
Certification Bodies

[[Page 48991]]

(TCBs) to certify them. Allowing TCBs to certify radar detectors will 
permit manufacturers to obtain an equipment approval in an expeditious 
manner because manufacturers will have more than one approval body to 
choose from. The tests that will be required for radar detectors are 
field strength measurements over a single frequency band, which TCBs 
accredited to make radiated measurements above 1 GHz are already 
capable of performing. The staff of the Office of Engineering and 
Technology will work with TCBs to promptly address any implementation 
issues which may arise.
    12. We recognize that requiring radar detectors to be certified 
within thirty days after publication of the new rules in the Federal 
Register may pose some logistical problems for manufacturers. Many 
radar detectors may already comply with the new emission limits and 
could thus be certified quickly. However, because many of these units 
may already be in transit from the manufacturer to wholesalers and 
retailers, it would be difficult for manufacturers to bring these 
devices into compliance with the administrative requirements for 
certified devices within this timeframe. Specifically, all equipment 
authorized under the certification procedure is required to be labeled 
with an FCC identification number. In addition, part 15 requires a 
warning label stating that the device may not cause harmful 
interference and must accept any interference received, and requires 
the user's manual to contain a statement that unauthorized changes or 
modifications could void the user's authority to operate the equipment. 
It is unlikely that manufacturers could comply with these 
administrative requirements within thirty days because the time needed 
to make changes on the assembly line and ship products would generally 
be greater than thirty days. We believe that the rules' intention to 
notify customers can be satisfied by other means without causing delays 
to manufacturers. We will therefore permit radar detectors manufactured 
or imported within 180 days of the publication of the new rules in the 
Federal Register to be labeled with the FCC identification number and 
part 15 warning statement on the individual equipment carton rather 
than on the device itself, so long as certification has been obtained 
for those units. In addition, we will not require the statement about 
unauthorized changes to be placed in the user's manual during this time 
period. This approach will eliminate the need for manufacturers to 
cease manufacturing and importing equipment to implement the new 
labeling requirements, and will provide a practical means to label 
products that comply with the technical requirements but that were 
produced without labels.
    13. Radar detector manufacturers have offered to provide the 
Commission with lists of radar detector serial numbers to assist in 
identifying products manufactured before and after the date on which 
equipment authorization is required. We believe that such lists could 
assist us in determining whether radar detectors being marketed were 
legally manufactured and imported. Accordingly, we will require all 
parties that manufacture or import radar detectors as of the 
manufacturing and importation cutoff date we are adopting to supply 
such lists. The Office of Engineering and Technology will issue a 
public notice that will ask parties to supply this information once the 
necessary Office of Management and Budget (OMB) approval to collect 
this information has been obtained.
    14. We disagree with comments that a Further Notice of Proposed 
Rule Making is needed before we can adopt emission limits for radar 
detectors because the NPRM did not propose specific regulations. Under 
the Administrative Procedure Act, it is not necessary for the NPRM to 
propose specific regulations. Rather, it must include either the terms 
or substance of the proposed rules, or a description of the subjects 
and issues involved. The NPRM clearly described the subject and issues 
involved, which is that we were considering adopting emission limits 
for radar detectors, and sought comment on the appropriate limits. The 
large number of comments received from both the satellite industry and 
the radar detector industry show that parties had adequate notice of 
potential rule changes, so a Further Notice of Proposed Rule Making is 
unnecessary.
    15. We decline to adopt emission limits for other receivers 
operating above 960 MHz. There is not sufficient information in the 
record in this proceeding to justify emission limits for receivers 
above 960 MHz other than radar detectors. We are adopting emission 
limits for radar detectors because they have been found to emit high 
level signals that can cause interference to VSATs. No information was 
provided to show that similar circumstances exist with other receivers 
operating above 960 MHz. Therefore, we find that requiring other 
receivers operating above 960 MHz to comply with emission limits is not 
necessary at this time. This does not preclude our ability to impose 
such limits in the future if the need becomes apparent.

Final Regulatory Flexibility Analysis

    16. As required by the Regulatory Flexibility Act (RFA),\1\ an 
Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the 
Notice of Proposed Rule Making, Review of Part 15 and other Parts of 
the Commission's Rules (NPRM).\2\ The Commission sought written public 
comments on the proposals in the Notice, including comment on the 
IRFA.\3\ This present analysis conforms to the RFA.\4\
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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 Notice of Proposed Rule Making and Order in ET Docket 
No. 01-278, 66 FR 59209 (November 27, 2001).
    \3\ See id.
    \4\ See generally 5 U.S.C. 604.
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A. Need for, and Objectives of, the First Report and Order

    17. 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.
    18. 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 of the Commission's Rules 
as part of this process.\5\
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    \5\ See 47 CFR parts 2, 15, 18.
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    19. The First Report and Order requires radar detectors, which have 
been currently exempt from complying with emission limits, to meet the 
part 15 limits in the 11.7-12.2 GHz band to avoid causing interference 
to satellite services.

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

    20. Comments on the IRFA were received from radar detector 
manufacturers, who state they are small entities. RADAR Members, a 
trade

[[Page 48992]]

association, argues that the adoption of limits across a wide band of 
spectrum would eliminate radar detectors from the consumer market, and 
that some companies would be unable to survive in the face of such a 
regulation. It states that as an alternative, manufacturers will 
voluntarily reduce emission in the 11.7-12.2 GHz band where 
interference to satellite operations was actually reported. Cobra 
Electronics Corporation states that it is a small entity that deserves 
consideration under the Regulatory Flexibility Act. It states that 
redesigning its product line, especially considering the very real 
possibility that doing so would eliminate the market for this product, 
obviously would be detrimental to small businesses such as Cobra. It 
further states that there is evidence that the industry is already 
addressing the satellite interference complaints.

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

    21. 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.\6\ The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.''\7\ In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act.\8\ 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.\9\
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    \6\ 5 U.S.C. 604.
    \7\ 5 U.S.C. 601(6).
    \8\ 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).
    \9\ Small Business Act, 15 U.S.C. 632 (1996).
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    22. Our present action will affect some manufacturers of radio 
frequency equipment (RF manufacturers). The U.S. Small Business 
Administration (SBA) has designated a small business size standard for 
entities engaged in Radio and Television Broadcasting or Wireless 
Communications Equipment Manufacturing.\10\ According to SBA, such a 
manufacturer must have 750 or fewer employees in order to qualify as a 
small business.\11\ According to Census Bureau data from 1992, there 
were 858 such firms in the United States, and 778 had 750 or fewer 
employees.\12\
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    \10\ See 13 CFR 121.201, North American Industrial 
Classification System (NAICS) code 334220.
    \11\ Id.
    \12\ See U.S. Department of Commerce, 1992 Census of 
Transportation, Communications and Utilities (issued May 1995). 
These data have been updated for year 1997, but without the small 
business breakout. See Summary, Economic Census, Subject Series: 
Manufacturing at 1-19 (issued June 2001). By 1997, the census total 
for firms in this category had increased to 1,096. Id.
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D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    23. The First Report and Order requires radar detectors used on 
vehicles to meet the part 15 emission limits in the 11.7-12.2 GHz band 
to prevent interference to satellite services. It requires that radar 
detectors be certified to show that they comply with these requirements 
before they can be imported or marketed. Certification requires the 
manufacturer to have the equipment tested for compliance with the 
rules, and then file an application with the test data and information 
on the product with the Commission or a designated Telecommunication 
Certification Body (TCB). The manufacturer must wait until the 
application is granted before the equipment can be imported or 
marketed. Equipment that is certified must also be labeled with an FCC 
identification number and warning label stating that operation of the 
equipment must cease in the event it causes harmful interference to 
authorized radio services.
    24. As a result of the rule change, some manufacturers will be 
required to redesign radar detectors to reduce emissions in the 11.7-
12.2 GHz band. This could be accomplished by a change in the internal 
oscillator frequencies. Radar detector manufacturers state that 73 
percent of units currently marketed can meet the emission limits in the 
11.7-12.2 GHz band, and that the remainder will meet the limit by 
January 2003.
    25. Because many radar detectors being marketed today emit high 
level signals that can cause interference to VSATs, the First Report 
and Order requires that all radar detectors marketed within the United 
States meet the new emission limits beginning sixty days after 
publication of this decision and the associated rules in the Federal 
Register must comply with the new rules. This plan will provide a 
reasonable amount of time for manufacturers, wholesalers and retailers 
to be notified of the rule changes so they can cease marketing non-
compliant units. The First Report and Order also requires that radar 
detectors imported into the United States or manufactured within this 
country comply with the new rules beginning thirty days after 
publication of this decision and the associated rules in the Federal 
Register. This will provide manufacturers time to introduce compliant 
models before the sixty-day marketing cutoff. This will also avoid the 
manufacture or importation of large numbers of non-compliant devices 
prior to the marketing cutoff date. Manufacturers will be permitted to 
label radar detectors on the individual carton, rather than on the 
device itself, for a period of 180 days. In addition, manufacturers 
will not be required to place a statement about ``unauthorized 
changes'' in the instruction manuals until after this time period. 
These new rules will apply only to devices being imported, manufactured 
and marketed after the specified effective dates.
    26. We are also requiring a one-time filing of radar detector 
serial numbers to aid in our enforcement of the new rules.\13\
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    \13\ See para. 13, supra.
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E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    27. 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.\14\
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    \14\ See 5 U.S.C. 603(c).
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    28. The First Report and Order requires emission limits on radar 
detectors, which will have an impact on small equipment manufacturers. 
We find that emission limits on radar detectors are necessary because 
manufacturers have been building them without any suppression on 
radiated emissions, and the radiated signals have been found to cause 
interference to satellite radio services. Because interference has been 
reported only in the 11.7-12.2 GHz satellite band, and in light of 
comments filed by small

[[Page 48993]]

businesses in this proceeding, we are requiring radiated emission 
limits in only the one band. This will minimize the impact on small 
manufacturers, because emission limits applied across a wide band would 
require significant redesign of the equipment, which would 
substantially increase its cost.
    29. The effective dates for our actions are necessary for an 
orderly transition to compliance. Alternative time frames might assist 
small businesses to comply, yet would be inconsistent with the goal of 
reducing interfering equipment. Because many radar detectors may 
already comply with the new emission limits, the requirement to obtain 
certification within 30 days is not expected to have a significant 
impact on manufacturers. The impact on small manufacturers will be 
further reduced by allowing labeling to appear on the individual 
equipment carton rather than the device for a period of 180 days, 
because that will permit manufacturers to obtain certification for, and 
label equipment already in shipment.
    30. Finally, we are requiring a one-time filing of serial numbers 
to aid in our enforcement efforts, and believe that this is a minimal 
compliance burden.
    31. Report to Congress: The Commission will send a copy of the 
First Report and Order, including this FRFA, in a report to be sent to 
Congress pursuant to the Congressional Review Act, see 5 U.S.C. 
801(a)(1)(A). In addition, the Commission will send a copy of the First 
Report and Order, including FRFA, to the Chief Counsel for Advocacy of 
the Small Business Administration. A copy of the First Report and Order 
and FRFA (or summaries thereof) will also be published in the Federal 
Register. See 5 U.S.C. 604(b).
    32. Pursuant to the authority contained in Sections 4(i), 301, 302, 
303(e), 303(f), 303(r), 304 and 307 of the Communications Act of 1934, 
as amended, 47 USC Sections 154(i), 301, 302, 303(e), 303(f), 303(r), 
304, and 307, part 15 of the Commission's Rules is amended.
    33. The Commission's Consumer and Governmental Affairs 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.
    34. When requested by Public Notice, all parties that manufactured 
or imported radar detectors as of August 28, 2002 of these rules shall 
supply a list of radar detector models and information on their serial 
numbers which permits identification of their manufacturing date to the 
Office of Engineering and Technology. This requirement is subject to 
OMB review and approval and will become effective after such approval 
is obtained.

List of subjects in 47 CFR Part 15

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

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 15 to read 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. Section 15.3 is amended by adding paragraph (ee) to read as 
follows:


Sec. 15.3  Definitions.

* * * * *
    (ee) Radar detector. A receiver designed to signal the presence of 
radio signals used for determining the speed of motor vehicles. This 
definition does not encompass the receiver incorporated within a radar 
transceiver certified under the Commission's rules.
    3. Section 15.37 is amended by adding paragraph (k) to read as 
follows:


Sec. 15.37  Transition provisions for compliance with the rules.

* * * * *
    (k) Radar detectors manufactured or imported after August 28, 2002 
and marketed after September 27, 2002 shall comply with the regulations 
specified in this part. Radar detectors manufactured or imported prior 
to January 27, 2003 may be labeled with the information required by 
Secs. 2.925 and 15.19(a) of this chapter on the individual equipment 
carton rather than on the device, and are exempt from complying with 
the requirements of Sec. 15.21.
    4. Section 15.101, paragraph (a) is amended by adding a new entry 
to the table following the entry for ``Scanning receiver'' and by 
revising paragraph (b) to read as follows:


Sec. 15.101  Equipment authorization of unintentional radiators.

    (a) * * *

------------------------------------------------------------------------
                                               Equipment authorization
              Type of device                          required
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
Radar detector............................  Certification.
 
*                  *                  *                  *
                  *                  *                  *
------------------------------------------------------------------------

    (b) Only those receivers that operate (tune) within the frequency 
range of 30-960 MHz, CB receivers and radar detectors are subject to 
the authorizations shown in paragraph (a) of this section. However, 
receivers indicated as being subject to Declaration of Conformity that 
are contained within a transceiver, the transmitter portion of which is 
subject to certification, shall be authorized under the verification 
procedure. Receivers operating above 960 MHz or below 30 MHz, except 
for radar detectors and CB receivers, are exempt from complying with 
the technical provisions of this part but are subject to Sec. 15.5.
* * * * *
    5. Section 15.109 is amended by adding paragraph (h) to read as 
follows:


Sec. 15.109  Radiated emission limits.

* * * * *
    (h) Radar detectors shall comply with the emission limits in 
paragraph (a) of this section over the frequency range of 11.7-12.2 
GHz.

[FR Doc. 02-19178 Filed 7-26-02; 8:45 am]
BILLING CODE 6712-01-P