[Federal Register Volume 68, Number 77 (Tuesday, April 22, 2003)]
[Rules and Regulations]
[Pages 19746-19752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9879]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket No. 98-153; FCC 03-33]


Ultra-Wideband Transmission Systems

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document responds to fourteen petitions for 
reconsideration that were filed in response to the regulations for 
unlicensed ultra-wideband (``UWB'') operation. In general, this 
document does not make any significant changes to the existing UWB 
parameters.

DATES: Effective May 22, 2003 except Sec.  15.525 which contains 
information collection requirements that have not been approved by OMB. 
The FCC will publish a document in the Federal Register announcing the 
effective date for that section. Written comments by the public on the 
new and/or modified information collection(s) are due June 23, 2003.

ADDRESSES: A copy of any comments on the information collection(s) 
contained herein should be submitted to Les Smith, Federal 
Communications Commission, Room 1-A804, 445 12th Street, SW., 
Washington, DC 20554, or via the Internet to [email protected].

FOR FURTHER INFORMATION CONTACT: John Reed (202) 418-2455, Policy and 
Rules Division, Office of Engineering and Technology. For additional 
information concerning the information collection(s) contained in this 
document, contact Les Smith at (202) 418-0217, or via the Internet at 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Memorandum Opinion 
and Order portion of the Commission's Memorandum Opinion and Order and 
Further Notice of Proposed Rule Making, FCC 03-33, adopted February 13, 
2003, and released March 12, 2003. 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: http://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 Memorandum Opinion and Order

    1. On February 14, 2002, the Commission adopted a First Report and 
Order implementing regulations to permit the unlicensed operation of 
ultra-wideband transmission systems. Fourteen petitions for 
reconsideration were filed in response to that Order. In general, this 
Memorandum Opinion and Order (``MO&O'') does not make any significant 
changes to the existing UWB technical parameters as the Commission is 
reluctant to do so until it has more experience with UWB devices. The 
Commission also believes that any major changes to the rules for 
existing UWB product categories at this early stage would be disruptive 
to current industry product development efforts.
    2. The Commission reviewed the requests from the petitioners and 
granted those that will not increase the interference potential of UWB 
devices. It denied those requests that sought, without factual support, 
further restrictions on UWB operations. The Commission believes that 
the next 12 to 18 months should allow the

[[Page 19747]]

introduction of UWB devices under its recently adopted rules. It also 
hopes that additional tests using commercially available UWB devices 
will have been completed within that time frame. Such tests currently 
are being contemplated by the National Aeronautics and Space 
Administration (NASA), the Department of Transportation (DOT), by the 
Department of Defense, and by commercial entities. As these steps 
occur, the Commission intends to continue its review of the UWB 
standards to determine where additional changes warrant consideration.
    3. The petitions for reconsideration can be divided into three 
general categories: those from developers of UWB devices that seek to 
expand on the UWB standards to permit or facilitate a particular type 
of operation; those from organizations representing authorized radio 
services that seek additional attenuation of UWB emissions in the 
frequency bands used by their devices; and those seeking changes to the 
Part 15 rules for non-UWB operation. The UWB developers consist of Time 
Domain, Inc., American Gas Association and American Public Gas 
Association (AGA and AGPA), Ground Penetrating Radar Industry Coalition 
(GPRIC), GPR Service Providers Coalition (GPR Providers), and National 
Utilities Contractors Association (NUCA), Multispectral Solutions, Inc. 
(MSSI), Siemens VDO, and Kohler Co. The organizations representing 
authorized radio services consist of Cingular Wireless LLC, Qualcomm, 
Sprint Corp., Sirius Satellite Radio Inc. and XM Radio Inc., Satellite 
Industry Association (SIA), and Aeronautical Radio, Inc., and Air 
Transport Association of America (ARINC and ATA). In addition, MSSI 
requests that we amend our peak power limits on non-UWB part 15 
devices.
    4. The UWB rules require through-wall imaging systems to operate 
with their -10 dB bandwidth located below 960 MHz or between 1.99-10.6 
GHz. Imaging systems may not be used in conjunction with tag 
identifiers used to locate personnel nor may imaging systems be used to 
transmit voice or data information. Communications systems are required 
to operate with their -10 dB bandwidth located between 3.1-10.6 GHz. 
Through-wall systems are required to attenuate emissions in the GPS 
band by 10 dB below the part 15 general emission limits, i.e., to -51.3 
dBm/MHz, in the 1610-1990 MHz band and by 12 dB below the part 15 
general emission limits, i.e., to -53.3 dBm/MHz, in the 960-1610 MHz 
band. Other UWB devices are subject to even greater attenuation of 
emissions in these bands.
    5. In response to the petition from Time Domain, Inc., the 
Commission amended its rules to permit the operation of a through-wall 
imaging system with a center frequency above 1990 MHz at the Part 15 
general emission limits. This equipment may be used only by law 
enforcement officers, emergency rescue personnel and firefighters 
operating under the authority of a local or state government. Further, 
the operators of these systems must be licensed by the Commission under 
Part 90 of its regulations. The grant of a Part 90 license for 
operation of a land mobile station will automatically convey authority 
to operate this through-wall imaging system. The license may be held by 
the organization under which the UWB operator is employed. The 
Commission also required that this equipment be operated only for law 
enforcement applications, the providing of emergency services, and 
necessary training operations. Because of the possibility that some 
training areas may be located near public access areas where receiving 
equipment may not be under the immediate control of the UWB device 
public safety operator, at the request of NTIA the Commission requested 
that during training exercises through-wall imaging systems operating 
above 1990 MHz be encompassed by a 50 meter perimeter within which 
public access is restricted. Finally, the Commission required that the 
UWB public safety communication system transmitter operate with its 
center frequency, as defined in 47 CFR 15.503(b), between 1990 MHz and 
10.6 GHz. The frequency at which the highest radiated emission occurs 
must be located in the 1.99 GHz to 10.6 GHz band and must not exceed an 
average root-mean-square (RMS) EIRP of -41.3 dBm/MHz. In addition, 
broadband emissions between 960 MHz and 1610 MHz must not exceed an 
average (RMS) EIRP of -46.3 dBm/MHz, when measured using a resolution 
bandwidth of at least 1 MHz, and narrowband emissions in the GPS bands 
must be attenuated so that they do not exceed an RMS EIRP of -56.3 dBm, 
when measured using a resolution bandwidth of no less than 1 kHz. 
Emissions appearing below 960 MHz may not exceed the part 15 general 
emission limits and any emissions above 10.6 GHz may not exceed an RMS 
EIRP of -51.3 dBm/MHz. Coordination is not required prior to operation 
nor is there any requirement that these devices be equipped with a 
manual transmission switch.
    6. Ground penetrating radars (GPRs) and wall imaging systems must 
be operated by law enforcement, fire and emergency rescue 
organizations, by scientific research institutes, by commercial mining 
companies or by construction companies. The operation of these devices 
is subject to the requirement that the operator coordinate the 
operational location with the Commission. A dead man switch is required 
to ensure that the UWB device ceases to operate within 10 seconds of 
being released by the operator. These products must operate with their 
-10 dB bandwidth below 960 MHz or between 3.1-10.6 GHz and may operate 
within those bands at the part 15 general emission limits. Emissions 
within the 960-3100 MHz band are required to be attenuated below the 
part 15 general emission limits by 10 to 24 dB, depending on the 
frequency.
    7. In response to petitions from AGA and APGA, the GPRIC, the GPR 
Providers, and the NUCA, the Commission eliminated the requirement that 
GPRs and wall imaging systems operate with their -10 dB bandwidths 
below 960 MHz or above 3.1 GHz; clarified the limitations on who may 
operate ground penetrating radar (GPR) systems and wall imaging systems 
and for what purposes; eliminated the requirement for non-hand held 
GPRs to employ a dead man switch; and clarified the coordination 
requirements for imaging devices.
    8. UWB consumer devices are required to operate with their -10 dB 
bandwidth in the 3.1-10.6 GHz band and are limited to indoor-only and 
hand held systems. These systems must comply with the UWB definition by 
operating with a minimum fractional bandwidth of 0.20 or with a minimum 
-10 dB bandwidth of 500 MHz. The Commission denied MSSI requests that 
any type of UWB device, e.g., a vehicle radar system, be permitted to 
operate in the 3.1-10.6 GHz band provided it employs a low PRF; and 
that devices be prohibited from operating under the UWB regulations if 
they achieve their wide bandwidth due to high data rates, i.e., where 
the bandwidth is modulation dependent. The Commission agreed with MSSI 
requests that the emission charts that accompanied the February 14, 
2002, News Release announcing the adoption of the UWB regulations did 
not correctly reflect the emission limits below 960 MHz.
    9. The UWB regulations permit the operation of vehicular radar 
systems in the 22-29 GHz band. In the R&O, the Commission specifically 
precluded the operation of swept frequency systems and frequency 
hopping systems under

[[Page 19748]]

the UWB rules unless the transmissions comply with the minimum 
bandwidth requirement when measured with the sweep or hopping sequence 
stopped. The Commission indicated that this was necessary as no 
measurement procedure had been established to permit the emission 
levels from such devices to be determined while sweeping or hopping. 
The Commission expressed similar concerns in the Notice of Proposed 
Rule Making in this proceeding, 65 FR 37332 (June 14, 200), and 
declined to include transmitters employing swept frequency and similar 
modulation types from consideration as UWB devices. For these reasons, 
it denied the petition from Siemens VDO to permit pulsed frequency 
hopping vehicle radars to be included under the definition of a UWB 
device by permitting such transmitters to occupy the minimum required 
bandwidth within any 10 millisecond period rather than at any point in 
time.
    10. The rules permit UWB devices to be operated indoors for any 
purpose provided the -10 dB bandwidth is within the 3.1-10.6 GHz band. 
These systems are permitted to operate at the part 15 general emission 
limits, -41.3 dBm in the subject band, and are required to attenuate 
their emissions outside of this band. Within the 960-1610 MHz band, the 
emissions may not exceed -75.3 dBm, a level 34 dB below the part 15 
general emission limits. The Commission denied the petition from Kohler 
to increase the emission limit in the 960-1610 MHz band for indoor 
devices
    11. The Cellular Radiotelephone Service operates at 824-849 MHz and 
869-894 MHz; the PCS operates at 1850-1910 MHz and 1930-1990 MHz. UWB 
devices do not operate with their -10 dB bandwidths located within the 
PCS bands. However, like many other radio transmission systems, they 
may place unwanted emissions within that spectrum. The Commission 
denied the petitions from Cingular, Qualcomm and Sprint to decrease the 
emission levels permitted from UWB devices in the cellular, PCS and GPS 
frequency bands. It added that there was no basis for Sprint's and 
Cingular's claim that cellular or PCS exclusivity prohibits the 
Commission from providing for the operation of new radio services, 
including the operation of UWB devices that could place emissions 
within these bands. Further, the Commission denied the petitions to 
modify the transmission acknowledgement requirement for UWB systems, to 
amend the rules limiting certain UWB devices to indoor-only operation, 
or to amend the standards for imaging systems.
    12. The Satellite Digital Audio Radio Service (SDARS) operates in 
the frequency bands 2320-2332.5 MHz and 2332.5-2345 MHz. Sirius, which 
operates under the name Satellite CD Radio Inc., uses the lower band, 
and XM uses the upper band. Through-wall imaging systems and 
surveillance systems, the only UWB devices permitted to operate in the 
SDARS bands, must not exceed an emission level of -41.3 dBm/MHz in the 
SDARS spectrum. All other UWB devices are required to attenuate any 
emissions that appear in the SDARS bands, as follows: (1) GPRs, wall 
imaging systems, low frequency through-wall imaging systems, medical 
imaging systems, and indoor UWB devices must attenuate emissions in the 
SDARS bands to at least -51.3 dBm/MHz; (2) vehicular radar systems and 
hand held UWB devices must attenuate their emissions in the SDARS bands 
to at least -61.3 dBm/MHz; and (3) the new public safety imaging 
systems must attenuate their emissions in the SDARS bands to at least -
41.3 dBm/MHz. The Commission denied the petitions from Sirius and XM to 
reduce the limits on emissions in the SDARS bands from UWB devices.
    13. The Fixed Satellite Service (FSS) operates in the 3.7-4.2 GHz 
band. UWB devices are permitted to operate in this band at an emission 
level not to exceed -41.3 dBm/MHz. The Commission rejected the petition 
of SIA requesting that the emissions from outdoor UWB devices be 
reduced in the FSS band. The Commission also supplied additional 
clarification as to how it performed the interference calculations 
employed in the First Report and Order.
    14. Except for vehicular radar systems, all UWB non-imaging devices 
operate in the 3.1-10.6 GHz band at an emission level not to exceed -
41.3 dBm/MHz. The Commission denied the joint petition from ARINC and 
ATA requesting that all UWB operations, except for coordinated 
terrestrial imaging systems, be located above 5.5 GHz; that the average 
power limits between 3.1-5.5 GHz be reduced to -51.3 dBm for indoor UWB 
devices and to -61.3 dBm for handheld UWB device; that the coordination 
information for UWB imaging systems be posted on the Internet to permit 
quick access by licensees and users of licensed services, including GPS 
users, to enable enforcement of the non-interference requirements; and 
that all UWB devices, particularly consumer-oriented indoor and 
handheld devices, be labelled ``Warning: Not for use on aircraft'' with 
similar warnings to be placed in the operating manuals.
    15. Multipoint Distribution Service (MDS) and Instructional 
Television Fixed Services (ITFS) systems are permitted to operate in 
the 2150-2162 MHz and 2500-2690 MHz bands. UWB through-wall imaging 
systems and surveillance systems are permitted to operate in these 
bands at an emission level not to exceed -41.3 dBm/MHz. Emissions from 
all other UWB devices must be attenuated to -51.3 dBm/MHz or to -61.3 
dBm/MHz, depending on the specific UWB equipment. The Commission denied 
the petition from WCA to reduce the emissions in the 2150-2162 MHz and 
2500-2690 MHz bands from UWB devices to the same limits as those 
adopted for the PCS bands.
    16. Under the non-UWB rules, emissions below 1000 MHz from most 
Part 15 devices are measured using a CISPR quasi-peak detector. When an 
average emission limit is specified, the rules also specify a limit on 
the permitted amount of peak power equal to 20 dB more than the average 
limit. In some cases, a pulse desensitization correction factor (PDCF) 
must be applied to the measurement of a peak level obtained from a 
spectrum analyzer in order to compensate for the analyzer's inability 
to respond fast enough to pulse widths narrower than the inverse of the 
resolution bandwidth. The PDCF can considerably increase the measured 
peak emission level. This standard was employed when Part 15 devices 
used narrowband emissions, and unfairly penalizes transmission systems 
that use a wide bandwidth. However, the Commission denied as outside 
the scope of this proceeding the petition from MSSI to permit peak 
measurements of non-UWB devices to be performed using a 1 MHz 
resolution bandwidth and without the use of a PDCF.
    17. The Commission also used this Memorandum Opinion and Order as a 
vehicle to present a summary and discussion of comments filed in 
response to the measurement program, undertaken in April 2002 by the 
Technical Research Branch (TRB) of the OET Laboratory Division, to 
examine the existing levels of ambient RF signal energy present in the 
frequency bands used by GPS and Aeronautical Radionavigation systems. 
In addition, spurious emissions generated by common electronic/
electrical devices were also measured within the GPS frequency bands. 
This measurement effort represented a ``first step'' toward collecting 
the data necessary to perform an objective evaluation of assumptions 
inherent in the link budget analysis

[[Page 19749]]

used to calculate the UWB emissions limit.
    18. Because of the filing of an Application for Review of a grant 
of certification issued to Time Domain for its UWB transmitter along 
with an associated Request for Declaratory Ruling addressing the 
regulations regarding emissions from digital circuitry contained within 
UWB devices, the Commission clarified the regulation regarding limits 
on emissions produced by digital circuitry used within UWB devices. 
This clarification more closely comport with the text of the First 
Report and Order.

Administrative Provisions

    19. Paperwork Reduction Act: This Memorandum Opinion and Order 
(MO&O) contains a modified information collection. The Commission, as 
part of its continuing effort to reduce paperwork burdens, invites the 
general public to comment on the information collection(s) contained in 
this MO&O as required by the Paperwork Reduction Act of 1995, Public 
Law 104-13. Public and agency comments are due June 23, 2003.
    20. Final Regulatory Flexibility Certification: The Regulatory 
Flexibility Act of 1980, as amended (RFA)\1\ requires that a regulatory 
flexibility analysis be prepared for rulemaking proceedings, unless the 
agency certifies that ``the rule will not have a significant economic 
impact on a substantial number of small entities.'' \2\ The RFA 
generally defines ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' \3\ In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act.\4\ 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).\5\
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    \1\ The RFA, see 5 U.S.C. Sec.  601 et seq., has been amended by 
the Contract With America Advancement Act of 1996, Pub. L. 104-121, 
110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).
    \2\ 5 U.S.C. 605(b).
    \3\ 5 U.S.C. 601(6).
    \4\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in 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.''
    \5\ Small Business Act, 15 U.S.C. 632.
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    21. In this Memorandum Opinion and Order, we are responding to 
fourteen petitions for reconsideration regarding new rules adopted to 
permit the marketing and operation of new products incorporating ultra-
wideband (``UWB'') technology. UWB devices operate by employing very 
narrow or short duration pulses that result in very large or wideband 
transmission bandwidths. With appropriate technical standards, UWB 
devices can operate on spectrum occupied by existing radio services 
without causing interference, thereby permitting scarce spectrum 
resources to be used more efficiently. Further, as noted in the text we 
have continued to apply conservative limits to the standards applicable 
for UWB operation, until such time as we gain additional experience, to 
ensure that harmful interference would not be caused to other radio 
spectrum users. Further, the changes adopted in this proceeding will 
not affect any party legally manufacturing or marketing UWB devices. 
Thus, we expect that our actions do not amount to a significant 
economic impact. Accordingly, we certify that the rules being adopted 
in this Memorandum Opinion and Order will not have a significant 
economic impact on a substantial number of small entities.
    22. We will send a copy of the Memorandum Opinion and Order, 
including a copy of this Final Regulatory Flexibility Certification, in 
a report to Congress pursuant to the Congressional Review Act.\6\ In 
addition, the Memorandum Opinion and Order and this certification will 
be sent to the Chief Counsel for Advocacy of the Small Business 
Administration, and will be published in the Federal Register.\7\
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    \6\ See 5 U.S.C. 801(a)(1)(A).
    \7\ See 5 U.S.C. 605(b).
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    23. Ordering Clauses: The Petitions for Reconsideration from MSSI, 
Siemens VDO, Time Domain, AGA and APGA, GPRIC, GPR Providers, and NUCA 
are granted to the extent described above. The Petitions for 
Reconsideration from Kohler, MSSI, Siemens, GPRIC, GPR Providers, 
Cingular, Qualcomm, Sprint, Sirius and XM, ARINC and ATA, and SIA are 
denied to the extent described above. Part 15 of the Commission's Rules 
and Regulations is amended as specified in the rule changes, effective 
May 22, 2003, except Sec.  15.525 which contains information collection 
requirements that have not been approved by OMB. The FCC will publish a 
document in the Federal Register announcing the effective date for that 
section. This action is taken pursuant to Sections 4(i), 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), 302, 303(e), 303(f), 303(r), 304 
and 307.
    24. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Memorandum 
Opinion and Order, including the Final Regulatory Flexibility 
Certification, to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects in 47 CFR Part 15

    Communications equipment, Radio, Reporting and recordkeeping 
requirements, Security measures.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons discussed in the preamble, title 47 of the Code of 
Federal Regulations, part 15, is amended as follows:

PART 15--RADIO FREQUENCY DEVICES

0
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.


0
2. Section 15.509 is revised to read as follows:


Sec.  15.509  Technical requirements for ground penetrating radars and 
wall imaging systems.

    (a) The UWB bandwidth of an imaging system operating under the 
provisions of this section must be below 10.6 GHz.
    (b) Operation under the provisions of this section is limited to 
GPRs and wall imaging systems operated for purposes associated with law 
enforcement, fire fighting, emergency rescue, scientific research, 
commercial mining, or construction.
    (1) Parties operating this equipment must be eligible for licensing 
under the provisions of part 90 of this chapter.
    (2) The operation of imaging systems under this section requires 
coordination, as detailed in Sec.  15.525.
    (c) A GPR that is designed to be operated while being hand held and 
a wall imaging system shall contain a manually operated switch that 
causes the transmitter to cease operation within 10 seconds of being 
released by the operator. In lieu of a switch located on the imaging 
system, it is permissible to

[[Page 19750]]

operate an imaging system by remote control provided the imaging system 
ceases transmission within 10 seconds of the remote switch being 
released by the operator.
    (d) The radiated emissions at or below 960 MHz from a device 
operating under the provisions of this section shall not exceed the 
emission levels in Sec.  15.209. The radiated emissions above 960 MHz 
from a device operating under the provisions of this section shall not 
exceed the following average limits when measured using a resolution 
bandwidth of 1 MHz:

------------------------------------------------------------------------
                     Frequency in MHz                        EIRP in dBm
------------------------------------------------------------------------
960-1610..................................................         -65.3
1610-1990.................................................         -53.3
1990-3100.................................................         -51.3
3100-10600................................................         -41.3
Above 10600...............................................         -51.3
------------------------------------------------------------------------

    (e) In addition to the radiated emission limits specified in the 
table in paragraph (d) of this section, UWB transmitters operating 
under the provisions of this section shall not exceed the following 
average limits when measured using a resolution bandwidth of no less 
than 1 kHz:

------------------------------------------------------------------------
                     Frequency in MHz                        EIRP in dBm
------------------------------------------------------------------------
1164-1240.................................................         -75.3
1559-1610.................................................         -75.3
------------------------------------------------------------------------

    (f) For UWB devices where the frequency at which the highest 
radiated emission occurs, fM, is above 960 MHz, there is a 
limit on the peak level of the emissions contained within a 50 MHz 
bandwidth centered on fM. That limit is 0 dBm EIRP. It is 
acceptable to employ a different resolution bandwidth, and a 
correspondingly different peak emission limit, following the procedures 
described in Sec.  15.521.

0
3. Section 15.510 is added to read as follows:


Sec.  15.510  Technical requirements for through D-wall imaging 
systems.

    (a) The UWB bandwidth of an imaging system operating under the 
provisions of this section must be below 960 MHz or the center 
frequency, fC, and the frequency at which the highest 
radiated emission occurs, fM, must be contained between 1990 
MHz and 10600 MHz.
    (b) Operation under the provisions of this section is limited to 
through-wall imaging systems operated by law enforcement, emergency 
rescue or firefighting organizations that are under the authority of a 
local or state government.
    (c) For through-wall imaging systems operating with the UWB 
bandwidth below 960 MHz:
    (1) Parties operating this equipment must be eligible for licensing 
under the provisions of part 90 of this chapter.
    (2) The operation of these imaging systems requires coordination, 
as detailed in Sec.  15.525.
    (3) The imaging system shall contain a manually operated switch 
that causes the transmitter to cease operation within 10 seconds of 
being released by the operator. In lieu of a switch located on the 
imaging system, it is permissible to operate an imaging system by 
remote control provided the imaging system ceases transmission within 
10 seconds of the remote switch being released by the operator.
    (4) The radiated emissions at or below 960 MHz shall not exceed the 
emission levels in Sec.  15.209. The radiated emissions above 960 MHz 
shall not exceed the following average limits when measured using a 
resolution bandwidth of 1 MHz:

------------------------------------------------------------------------
                     Frequency in MHz                        EIRP in dBm
------------------------------------------------------------------------
960-1610..................................................         -65.3
1610-1990.................................................         -53.3
Above 1990................................................         -51.3
------------------------------------------------------------------------

    (5) In addition to the radiated emission limits specified in the 
table in paragraph (c)(4) of this section, emissions from these imaging 
systems shall not exceed the following average limits when measured 
using a resolution bandwidth of no less than 1 kHz:

------------------------------------------------------------------------
                     Frequency in MHz                        EIRP in dBm
------------------------------------------------------------------------
1164-1240.................................................         -75.3
1559-1610.................................................         -75.3
------------------------------------------------------------------------

    (d) For equipment operating with fC and fM 
between 1990 MHz and 10600 MHz:
    (1) Parties operating this equipment must hold a license issued by 
the Federal Communications Commission to operate a transmitter in the 
Public Safety Radio Pool under part 90 of this chapter. The license may 
be held by the organization for which the UWB operator works on a paid 
or volunteer basis.
    (2) This equipment may be operated only for law enforcement 
applications, the providing of emergency services, and necessary 
training operations.
    (3) The radiated emissions at or below 960 MHz shall not exceed the 
emission levels in Sec.  15.209 of this chapter. The radiated emissions 
above 960 MHz shall not exceed the following average limits when 
measured using a resolution bandwidth of 1 MHz:

------------------------------------------------------------------------
                     Frequency in MHz                        EIRP in dBm
------------------------------------------------------------------------
960-1610..................................................         -46.3
1610-10600................................................         -41.3
Above 10600...............................................         -51.3
------------------------------------------------------------------------

    (4) In addition to the radiated emission limits specified in the 
paragraph (d)(3) of this section, emissions from these imaging systems 
shall not exceed the following average limits when measured using a 
resolution bandwidth of no less than 1 kHz:

------------------------------------------------------------------------
                     Frequency in MHz                        EIRP in dBm
------------------------------------------------------------------------
1164-1240.................................................         -56.3
1559-1610.................................................         -56.3
------------------------------------------------------------------------

    (5) There is a limit on the peak level of the emissions contained 
within a 50 MHz bandwidth centered on the frequency at which the 
highest radiated emission occurs, fM. That limit is 0 dBm 
EIRP. It is acceptable to employ a different resolution bandwidth, and 
a correspondingly different peak emission limit, following the 
procedures described in Sec.  15.521.
    (e) Through-wall imaging systems operating under the provisions of 
this section shall bear the following or similar statement in a 
conspicuous location on the device: ``Operation of this device is 
restricted to law enforcement, emergency rescue and firefighter 
personnel. Operation by any other party is a violation of 47 U.S.C. 301 
and could subject the operator to serious legal penalties.''

0
4. Section 15.511 is revised to read as follows:


Sec.  15.511  Technical requirements for surveillance systems.

    (a) The UWB bandwidth of an imaging system operating under the 
provisions of this section must be contained between 1990 MHz and 
10,600 MHz.
    (b) Operation under the provisions of this section is limited to 
fixed surveillance systems operated by law enforcement, fire or 
emergency rescue organizations or by manufacturers licensees, petroleum 
licensees or power licensees as defined in Sec.  90.7 of this chapter.
    (1) Parties operating under the provisions of this section must be 
eligible for licensing under the provisions of part 90 of this chapter.
    (2) The operation of imaging systems under this section requires 
coordination, as detailed in Sec.  15.525.

[[Page 19751]]

    (c) The radiated emissions at or below 960 MHz from a device 
operating under the provisions of this section shall not exceed the 
emission levels in Sec.  15.209. The radiated emissions above 960 MHz 
from a device operating under the provisions of this section shall not 
exceed the following average limits when measured using a resolution 
bandwidth of 1 MHz:

------------------------------------------------------------------------
                     Frequency in MHz                        EIRP in dBm
------------------------------------------------------------------------
960-1610..................................................         -53.3
1610-1990.................................................         -51.3
1990-10600................................................         -41.3
Above 10600...............................................         -51.3
------------------------------------------------------------------------

    (d) In addition to the radiated emission limits specified in the 
table in paragraph (c) of this section, UWB transmitters operating 
under the provisions of this section shall not exceed the following 
average limits when measured using a resolution bandwidth of no less 
than 1 kHz:

------------------------------------------------------------------------
                     Frequency in MHz                        EIRP in dBm
------------------------------------------------------------------------
1164-1240.................................................         -63.3
1559-1610.................................................         -63.3
------------------------------------------------------------------------

    (e) There is a limit on the peak level of the emissions contained 
within a 50 MHz bandwidth centered on the frequency at which the 
highest radiated emission occurs, fM. That limit is 0 dBm 
EIRP. It is acceptable to employ a different resolution bandwidth, and 
a correspondingly different peak emission limit, following the 
procedures described in Sec.  15.521.
    (f) Imaging systems operating under the provisions of this section 
shall bear the following or similar statement in a conspicuous location 
on the device: ``Operation of this device is restricted to law 
enforcement, fire and rescue officials, public utilities, and 
industrial entities. Operation by any other party is a violation of 47 
U.S.C. 301 and could subject the operator to serious legal penalties.''

0
5. Section 15.513 is revised to read as follows:


Sec.  15.513  Technical requirements for medical imaging systems.

    (a) The UWB bandwidth of an imaging system operating under the 
provisions of this section must be contained between 3100 MHz and 
10,600 MHz.
    (b) Operation under the provisions of this section is limited to 
medical imaging systems used at the direction of, or under the 
supervision of, a licensed health care practitioner. The operation of 
imaging systems under this section requires coordination, as detailed 
in Sec.  15.525.
    (c) A medical imaging system shall contain a manually operated 
switch that causes the transmitter to cease operation within 10 seconds 
of being released by the operator. In lieu of a switch located on the 
imaging system, it is permissible to operate an imaging system by 
remote control provided the imaging system ceases transmission within 
10 seconds of the remote switch being released by the operator.
    (d) The radiated emissions at or below 960 MHz from a device 
operating under the provisions of this section shall not exceed the 
emission levels in Sec.  15.209. The radiated emissions above 960 MHz 
from a device operating under the provisions of this section shall not 
exceed the following average limits when measured using a resolution 
bandwidth of 1 MHz:

------------------------------------------------------------------------
                     Frequency in MHz                        EIRP in dBm
------------------------------------------------------------------------
960-1610..................................................         -65.3
1610-1990.................................................         -53.3
011990-3100...............................................         -51.3
3100-10600................................................         -41.3
Above 10600...............................................         -51.3
------------------------------------------------------------------------

    (e) In addition to the radiated emission limits specified in the 
table in paragraph (d) of this section, UWB transmitters operating 
under the provisions of this section shall not exceed the following 
average limits when measured using a resolution bandwidth of no less 
than 1 kHz:

------------------------------------------------------------------------
                     Frequency in MHz                        EIRP in dBm
------------------------------------------------------------------------
1164-1240.................................................         -75.3
1559-1610.................................................         -53.3
------------------------------------------------------------------------

    (f) There is a limit on the peak level of the emissions contained 
within a 50 MHz bandwidth centered on the frequency at which the 
highest radiated emission occurs, fM. That limit is 0 dBm 
EIRP. It is acceptable to employ a different resolution bandwidth, and 
a correspondingly different peak emission limit, following the 
procedures described in Sec.  15.521.
    6. Section 15.521 is amended by revising paragraph (c) to read as 
follows:


Sec.  15.521  Technical requirements applicable to all UWB devices.

* * * * *
    (c) Emissions from digital circuitry used to enable the operation 
of the UWB transmitter shall comply with the limits in Sec.  15.209, 
rather than the limits specified in this subpart, provided it can be 
clearly demonstrated that those emissions from the UWB device are due 
solely to emissions from digital circuitry contained within the 
transmitter and that the emissions are not intended to be radiated from 
the transmitter's antenna. Emissions from associated digital devices, 
as defined in Sec.  15.3(k), e.g., emissions from digital circuitry 
used to control additional functions or capabilities other than the UWB 
transmission, are subject to the limits contained in Subpart B of this 
part.
* * * * *
    7. Section 15.525 is amended by revising paragraphs (b) and (e) to 
read as follows:


Sec.  15.525  Coordination requirements.

* * * * *
    (b) The users of UWB imaging devices shall supply operational areas 
to the FCC Office of Engineering and Technology, which shall coordinate 
this information with the Federal Government through the National 
Telecommunications and Information Administration. The information 
provided by the UWB operator shall include the name, address and other 
pertinent contact information of the user, the desired geographical 
area(s) of operation, and the FCC ID number and other nomenclature of 
the UWB device. If the imaging device is intended to be used for mobile 
applications, the geographical area(s) of operation may be the state(s) 
or county(ies) in which the equipment will be operated. The operator of 
an imaging system used for fixed operation shall supply a specific 
geographical location or the address at which the equipment will be 
operated. This material shall be submitted to Frequency Coordination 
Branch, OET, Federal Communications Commission, 445 12th Street, SW, 
Washington, D.C. 20554, Attn: UWB Coordination.
* * * * *
    (e) The FCC/NTIA coordination report shall identify those 
geographical areas within which the operation of an imaging system 
requires additional coordination or within which the operation of an 
imaging system is prohibited. If additional coordination is required 
for operation within specific geographical areas, a local coordination 
contact will be provided. Except for operation within these designated 
areas, once the information requested on the UWB imaging system is 
submitted to the FCC no additional coordination with the FCC is 
required provided the reported areas of operation do not change. If the 
area of operation changes, updated information shall be submitted to 
the

[[Page 19752]]

FCC following the procedure in paragraph (b) of this section.
* * * * *
[FR Doc. 03-9879 Filed 4-21-03; 8:45 am]
BILLING CODE 6712-01-P