[Federal Register Volume 68, Number 143 (Friday, July 25, 2003)]
[Proposed Rules]
[Pages 44011-44020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18971]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 15

[ET Docket No. 03-122; FCC 03-110]


Unlicensed Devices in the 5 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document proposes to amend the rules governing the 
operation of unlicensed National Information Infrastructure (U-NII) 
devices, including Radio Local Area Networks (RLANs), to make available 
an additional 255 megahertz of spectrum in the 5.47-5.725 GHz band. 
This will increase the spectrum available to unlicensed devices in the 
5 GHz region of the spectrum by nearly 80%, and, it represents a 
significant increase in the spectrum available for unlicensed devices 
across the overall radio spectrum. We believe that the increased 
available capacity gained from access to an additional 255 megahertz of 
spectrum, coupled with the ease of deployment and operational 
flexibility provided by our U-NII rules, will foster the development of 
a wide range of new and innovative unlicensed devices and lead to 
increased wireless broadband access and investment.

DATES: Written comments are due September 3, 2003, and reply comments 
are due September 23, 2003.

ADDRESSES: Federal Communications, Marlene H. Dortch, Office of the 
Secretary, 445 12th Street, SW., Washington, DC 20554. See 
SUPPLEMENTARY INFORMATION for filing information.

FOR FURTHER INFORMATION CONTACT: Ahmed Lahjouji, Office of Engineering 
and Technology, (202) 418-2061; TTY (202) 418-2989, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making, ET Docket 03-122, FCC 03-122, adopted May 15, 
2003, and released June 4, 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

[[Page 44012]]

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.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). The Commission's contractor, Vistronix, Inc., 
will receive hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, 
Washington, DC 20002. The filing hours at this location are 8 a.m. to 7 
p.m. All hand deliveries must be held together with rubber bands or 
fasteners. Any envelopes must be disposed of before entering the 
building. Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail, 
Express Mail, and Priority Mail should be addressed to 445 12th Street, 
SW., Washington, DC 20554.
    All filings must be addressed to the Commission's Secretary, Office 
of the Secretary, Federal Communications Commission, 445 12th Street, 
SW., Washington, DC 20554.

Summary of Notice of Proposed Rule Making

    1. The Notice of Proposed Rule Making, proposed to amend part 15 of 
the rules governing the operation of unlicensed National Information 
Infrastructure (U-NII) devices, including Radio Local Area Networks 
(RLANs), to make available an additional 255 megahertz of spectrum in 
the 5.47-5.725 GHz band. This will increase the spectrum available to 
unlicensed devices in the 5 GHz region of the spectrum by nearly 80%, 
and, it represents a significant increase in the spectrum available for 
unlicensed devices across the overall radio spectrum. This action 
responds to the petition for rule making submitted by the Wireless 
Ethernet Compatibility Alliance (WECA--now known as the Wi-Fi 
Alliance). We believe that the increased available capacity gained from 
access to an additional 255 megahertz of spectrum, coupled with the 
ease of deployment and operational flexibility provided by our U-NII 
rules, will foster the development of a wide range of new and 
innovative unlicensed devices and lead to increased wireless broadband 
access and investment. Also, this proposal would align the frequency 
bands used by U-NII devices with those in other parts of the world, 
thus decreasing development and manufacturing costs for U.S. 
manufacturers by allowing for the same digital communications products 
to be used in most other parts of the world.
    2. In addition to proposing to make more spectrum available for use 
by U-NII devices, we proposed several other changes to the Table of 
Frequency Allocations to accommodate the needs of other radio services 
operating in the 5 GHz region of the spectrum. Specifically, we 
proposed to modify the U.S. Table of Frequency Allocations in Part 2 of 
the rules to upgrade the status of the Federal Government Radiolocation 
service to primary in the 5.46-5.65 GHz band. We also proposed to 
upgrade the status of the non-Federal Government radiolocation to 
primary in the 5.47-5.65 GHz band. We further proposed to add primary 
allocations for the Federal Government and secondary allocations for 
the non-Federal Government Space Research Service (active) (SRS) in the 
5.35-5.57 GHz band and the Earth Exploration-Satellite Service (active) 
(EESS) in the 5.46-5.57 GHz band. We also proposed to modify certain 
technical requirements for U-NII devices in the part 15 rules to 
protect various radio services against harmful interference. Our 
proposals are consistent with the U.S. World Radiocommunication 
Conference 2003 (WRC-03) position regarding this band.

Proposed Changes to the Table of Frequency Allocations

    3. We proposed to implement the following allocations consistent 
with the U.S. proposals to the WRC-03. First, we proposed to modify the 
U.S. Table of Frequency Allocations in part 2 of the rules to upgrade 
the status of the Federal Government Radiolocation service to primary 
in the 5.46-5.65 GHz band. We will similarly upgrade the status of the 
non-Federal Government Radiolocation service to co-primary in the 5.47-
5.65 GHz band so that we do not disadvantage non-Government licensees. 
These bands are used by non-Federal Government broadcast weather radar 
stations. We note that the Federal Radiolocation service already has a 
primary allocation in the 5.35-5.46 GHz band. The elevation in status 
for Federal Government Radiolocation along with the requirement for DFS 
as described below will ensure that these existing services are 
protected from interference from U-NII devices. We further proposed to 
add primary allocations for the Federal Government and secondary 
allocations for the non-Federal Government for the Space Research 
Service (active) (SRS) in the 5.35-5.57 GHz band and the Earth 
Exploration-Satellite Service (active) (EESS) in the 5.46-5.57 GHz 
band. We seek comment on these proposals.
    4. In the U.S., part 15 unlicensed devices including U-NII devices 
operate on a non-interference basis and do not operate within radio 
services listed in the Table of Frequency Allocations. Instead, part 15 
devices share spectrum with radio services on the basis that they may 
not cause any harmful interference and must accept any interference 
that may be received. Although the WECA petition and comments request 
an allocation of spectrum for unlicensed U-NII devices, they also 
request operation under part 15 of the rules. We thus propose to modify 
our part 15 rules to allow U-NII devices to operate in the 5.470-5.725 
GHz band on a non-interference basis, and seek comment on this 
proposal. We note that WRC-03 is considering a Mobile allocation for 
the 5.150-5.350 GHz and 5.470-5.725 GHz bands and that some 
administrations would need a Mobile allocation in the international 
Table of Frequency Allocations for RLANs or HiperLANs to operate in the 
bands. Therefore, the U.S. position for WRC-03 supports adoption of an 
international Mobile allocation so that these devices may operate 
throughout the world.
    5. Table 1 on page 7 of the NPRM summarizes all the allocation 
proposed herein. We seek comment on the proposed changes to the Table 
of Frequency Allocations. Commenters are requested to provide a 
technical analysis to substantiate any claims of interference which may 
be caused by operations of U-NII devices under these proposed rules.

Proposed Changes to U-NII Rules

    6. Technical requirements. Under the existing part 15 U-NII rules, 
there are three different frequency sub-bands available to U-NII 
devices, each with its own set of technical requirements (e.g., 
transmit power and antenna gain), based on its sharing environment. U-
NII devices operating in the 5.150-5.250 GHz sub-band are restricted to 
indoor operations and a power limit of 200 mW e.i.r.p. in order to 
protect co-channel Mobile Satellite Service (MSS) feeder links. Because 
of the relatively low power limit and indoor usage requirement, this 
sub-band is most suitable for U-NII devices providing communications 
links between devices separated by short distances indoors,

[[Page 44013]]

such as between computing devices within a room or in adjoining rooms. 
The 5.250-5.350 GHz sub-band may be used indoors and outdoors and is 
limited to 1 watt e.i.r.p. This sub-band is shared with the Federal 
Government Radiolocation Service, Earth Exploration Satellite Service 
and Space Research Service. This U-NII sub-band is suitable for 
communications links both within and between buildings such as for 
campus-wide local area networks. The 5.725-5.825 GHz sub-band may be 
used indoors and outdoors with power levels up to 4 watts e.i.r.p. This 
U-NII sub-band is shared with Federal Government Radiolocation, 
Amateur, ISM, and other part 15 devices and is suitable for 
communications links within and among buildings and over long distances 
through use of high-gain antennas.
    7. We propose to add the 5.470-5.725 GHz band to the U-NII bands 
with the same technical requirements that apply to the existing 5.250-
5.350 GHz U-NII sub-band. This is consistent with the WECA petition and 
the U.S. position for the upcoming WRC-03. The Federal Government 
believes that the power must be limited to 1 watt e.i.r.p. to protect 
incumbent systems. We also believe that this will best provide for 
communications among devices within and among buildings where demand is 
greatest. We expect that the 100 MHz of spectrum that is already 
available at 5.725-5.825 GHz will remain sufficient for higher power 
operations. We note in particular that operations over longer distances 
employ directional antennas that allow for high reuse and sharing of 
the spectrum, which mitigates the need for additional spectrum for 
these types of operations. We seek comment on this analysis.
    8. ARRL argues that WECA, in its petition, has not demonstrated 
that U-NII devices operating in the 5.650-5.725 GHz band will avoid 
causing interference to the Amateur Radio service, which operates on a 
secondary basis in this band. Our review of ARRL's web site indicates 
that amateur use of this band is limited to propagation beacons and 
possibly some limited satellite use. Roeder comments that there is 
little ready made Amateur equipment for this band and that there are 
only a few rare mountain top users of this band. We observe that 
amateurs already share the 5.725-5.825 GHz band with U-NII devices and 
we are unaware of any complaints of interference. Further, we have 
proposed to permit a lower e.i.r.p. for U-NII devices operating in the 
5.470-5.725 GHz band (i.e., 1 watt e.i.r.p.) than for the existing 
5.725-5.825 GHz band (i.e., 4 watts e.i.r.p.). Therefore, we believe 
that U-NII devices can operate in 5.650-5.725 GHz band without causing 
interference. Finally, U-NII devices in this band would continue to 
operate under part 15 of our rules and would be required to eliminate 
any harmful interference that may occur to the Amateur Radio service. 
We tentatively conclude that the proposals in the NPRM are adequate to 
protect the Amateur Radio service from interference. We seek comment on 
this tentative conclusion.
    9. In addition to applying the existing technical requirements for 
the 5.250-5.350 GHz sub-band to the new 5.470-5.725 GHz band, to ensure 
protection to existing vital DoD radar operations, we are proposing 
that U-NII devices operating in both the existing 5.250-5.350 GHz sub-
band and the new 5.470-5.725 GHz sub-band employ a listen-before-talk 
mechanism called dynamic frequency selection (DFS). DFS is an 
interference avoidance mechanism. Prior to the start of any 
transmissions, and through constant monitoring, the device (e.g., RLAN) 
equipped with such a mechanism monitors the radio environment for a 
radar's presence. If the U-NII device determines that a radar is 
present, it either moves to another channel or enters a sleep mode if 
no channels are available. We proposed that U-NII devices be required 
to continuously monitor their environment for the presence of radars 
both prior to and during operation. DoD concurs that the use of DFS at 
the thresholds proposed will provide the necessary protection for its 
vital radar systems.
    10. For systems, where multiple devices operate under a central 
controller, we propose that only the central controller be required to 
have DFS capability. We recognize that there may be devices or 
architectures developed, where remote devices are not under the control 
of a master device. We seek comment on requiring such devices to have 
DFS. We also invite comment on how to identify remote units that 
operate only under the control of a central controller.
    11. The U-NII device's ability to reliably detect a radar's 
presence in the channel depends greatly on the pulse characteristics of 
the radar. The time for which the radar occupies the U-NII channel 
(dwell time) also influences the detection probability. The problem 
arises when the dwell time is very short as is the case for frequency 
hopping radars. In this case, the subject radar signal is characterized 
as a receive signal strength (RSS) equal to or greater than the DFS 
detection threshold level within the U-NII device's channel bandwidth 
(e.g., typically 18 MHz for devices operating under IEEE 802.11(a)). 
The radar signal has a bandwidth of 1 MHz and a pulse repetition rate 
(PRR) in the range 200-4000 pulses/s, where the nominal pulse width is 
in the range of 1 to 20 microseconds. We seek comment on the minimum 
number of pulses and the observation time required for reliable 
detection.
    12. We are also proposing to require a transmit power control (TPC) 
mechanism in the 5.470-5.725 GHz band to further reduce the potential 
for impact on EESS and SRS operations. TPC is a feature intended to 
adjust the transmitter's output power based on the signal level at the 
receiver. TPC will allow the transmitter to operate at less than the 
maximum power for most of the time. As the signal level at the receiver 
rises or falls, the transmit power will be decreased or increased as 
needed. Because TPC equipped devices adjust their transmit power to the 
minimum necessary to achieve the desired performance, the average 
interference power from a large number of devices is reduced, the power 
consumption is minimized and network capacity is increased. Consistent 
with the U.S. proposals to the WRC-03, we are proposing that U-NII 
devices employ a TPC mechanism that will ensure a 6 dB drop in power 
when triggered. We seek comment on what the appropriate triggering 
mechanism will be. For example, should TPC seek to keep a receiver 
parameter such as received signal strength, bit error rate, or block 
error rate below a certain threshold? How long will a pair of U-NII 
devices have to adjust their link powers? Will it be necessary to 
require U-NII devices to employ TPC if their maximum power is 3 dB or 
more below the maximum permitted under the rules? How should TPC be 
applied to system configurations where multiple devices may operate 
under the control of a central device.
    13. Test procedures. We seek comment on appropriate test procedures 
needed to ensure compliance with the DFS and TPC requirements proposed 
in this proceeding. We note that the operational requirements for DFS 
are well defined in the applicable industry standards. We observe that 
while TPC has been agreed to as a general requirement, its operational 
details are still under development. Therefore, we particularly seek 
comment on the means by which devices can be tested for compliance with 
TPC requirements to implement reduced power without placing unnecessary 
restrictions on device design. We also seek comment on the extent to 
which devices under development that may have unique or

[[Page 44014]]

novel transmission waveforms may require special measurement 
instrumentation settings (e.g., integration times) that differ from 
those used for measuring compliance for existing U-NII band devices.
    14. Transition period for U-NII equipment operating in the 5.250-
5.350 GHz band. U-NII devices currently operate in this band without 
DFS capability. As a result, we recognize that some period of time will 
be needed to implement the new DFS requirement for U-NII equipment 
operating in the 5.250-5.350 GHz band. We propose that the DFS 
requirement for the 5.250-5.350 GHz band effective for U-NII equipment 
that is certified after one year from the date of publication of the 
Report and Order in this proceeding in the Federal Register. We believe 
that this should be sufficient time for equipment devices operating in 
the 5.250-5.350 GHz band that are imported or shipped in interstate 
commerce on or after two years from the date of publication in the 
Federal Register comply with these standards. We believe that most 
affected products will be redesigned within this three-year time frame 
and that compliance with this proposal would not cause an unreasonable 
burden on industry. Comments are requested on these proposed transition 
provisions. We are proposing to require that U-NII equipment operating 
in the new spectrum at 5.470-5.725 GHz meet all the technical 
requirements, including DFS and TPC, on the effective date of these 
rules.

Order Clauses

    15. Pursuant to sections 1, 4, 301, 302(a), 303, 307, 309, 316, and 
332 of the Communications Act of 1934, as amended, 47 U.S.C. sections 
151, 154, 301, 302(a), 303, 307, 309, 316, 332, 334, and 336, the 
notice of proposed rule making is hereby adopted.
    16. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this notice of proposed rule making, including the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.

Initial Regulatory Flexibility Analysis

    17. As required by the Regulatory Flexibility Act of 1980 as 
amended,\1\ the Commission has prepared this present Initial Regulatory 
Flexibility Analysis (IRFA) of the possible significant economic impact 
on small entities by the policies and rules proposed in this Notice of 
Proposed Rulemaking (``NPRM''). Written public comments are requested 
on this IRFA. Comments must be identified as responses to the IRFA and 
must be filed by the deadlines for comments on the NPRM provided in 
paragraph 31 of the item. The Commission will send a copy of the NPRM, 
including the IRFA, to the Chief Counsel for Advocacy of the Small 
Business Administration (SBA).\2\ In addition, the NPRM and IFRA (or 
summaries thereof) will be published in the Federal Register.\3\
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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 104-112, 110 Stat. 847 (1996) (``CWAAA''). Title II of the CWAAA 
is the Small Business Regulatory Enforcement Fairness Act of 1996 
(``SBREFA'').
    \2\ See 5 U.S.C. 603(a).
    \3\ See 5 U.S.C. 603(a).
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A. Need for, and Objectives of, the Proposed Rules

    18. This NPRM proposes to amend part 15 of our rules governing the 
operation of unlicensed National Information Infrastructure (U-NII) 
devices, including Radio Local Area Networks (RLANs), to make available 
an additional 255 megahertz of spectrum in the 5.47-5.725 GHz band for 
the growth and development of unlicensed wireless broadband networks. 
This action responds to the petition for rule making submitted by the 
Wireless Ethernet Compatibility Alliance (WECA--now known as Wi-Fi 
Alliance).\4\
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    \4\ See WECA Petition for Rulemaking, RM-10371, filed on January 
15, 2002, Public Notice Report No. 2527, January 29, 2002.
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    19. In addition to proposing to make more spectrum available for 
use by U-NII devices, the Notice also proposes several other rules 
changes in the 5 GHz band that will further facilitate the use of this 
band for U-NII devices, while at the same time ensuring sufficient 
protection for various incumbents in the band. Specifically, it 
proposes to modify the U.S. Table of Frequency Allocations in part 2 of 
the rules to upgrade the status of the Federal Government Radiolocation 
service to primary in the 5.46-5.65 GHz band. It similarly proposes to 
upgrade the non-Federal Government radiolocation service to primary in 
the 5.47-5.65 GHz band. It further proposes to add primary allocations 
for the Federal Government and the non-Federal Government Space 
Research Service (active) (SRS) in the 5.35-5.46 GHz band and the Earth 
Exploration-Satellite Service (active) (EESS) and SRS (active) in the 
5.46-5.57 GHz band.
    20. The NPRM also proposes to modify certain technical requirements 
for U-NII devices in the part 15 rules. In addition to applying the 
existing technical requirements for the 5.250-5.350 GHz sub-band to the 
new 5.470-5.725 GHz band, it proposes that U-NII devices operating in 
both the existing 5.250-5.350 GHz sub-band and the new 5.470-5.725 GHz 
sub-band employ a listen-before-talk mechanism called dynamic frequency 
selection (DFS). DFS is an interference avoidance mechanism. Prior to 
start of any transmissions, and through constant monitoring, the device 
(e.g., RLAN) equipped with such a mechanism monitors the radio 
environment for a radar's presence. If the U-NII device determines that 
a radar signal is present, it either moves to another channel or enters 
a sleep mode if no channels are available. The Notice seeks comments 
regarding alternative DFS requirements for various U-NII operating 
conditions. For example, in point-to-multi-point systems, it may not be 
necessary that DFS be required for both the controlling station and 
slaves (e.g., devices designed as clients only) as long as the DFS 
timing requirements are met. The NPRM invites comments on whether DFS 
should be applied to the controlling stations (e.g., Hub, AP) as well 
as to slaves.
    21. The NPRM also proposes to require a transmit power control 
(TPC) mechanism in the 5.470-5.725 GHz band to further reduce the 
potential for impact on EESS and SRS operations. TPC is a feature 
intended to adjust the transmitter's output power based on the signal 
level at the receiver. TPC will allow the transmitter to operate at 
less than the maximum power for most of the time. As the signal level 
at the receiver rises or falls, the transmit power will be decreased or 
increased as needed. Because TPC equipped devices adjust their transmit 
power to the minimum necessary to achieve the desired performance, the 
average interference power from a large number of devices is reduced, 
the power consumption is minimized and network capacity is increased. 
The NPRM seeks comments regarding what the appropriate triggering 
mechanism might be and how long the U-NII device might need to adjust 
its power? It also asks for comments on the necessity of requiring all 
U-NII devices to employ TPC. For example, in some point-to-multipoint 
system configurations, U-NII devices may be designed to function only 
with a particular controller or hub. Should only the controlling point 
or hub be required to employ TPC in this configuration? Some U-NII 
devices will be designed to operate with a maximum e.i.r.p. below what 
the rules allow.

[[Page 44015]]

Should these devices be exempt from the TPC requirement?
    22. The NPRM seeks comment on appropriate test procedures needed to 
ensure compliance with the DFS and TPC requirements proposed in this 
proceeding. It notes that the operational requirements for DFS are well 
defined in the applicable industry standards.\5\ It particularly seeks 
comment on means by which devices can be tested for compliance with TPC 
requirements to implement reduced power without placing unnecessary 
restrictions on device design. It also seeks comment on the extent to 
which devices under development with unique and novel transmission 
waveforms may require special measurement instrumentation settings 
(e.g., integration times) that differ from those used for measuring 
compliance for existing U-NII band devices.
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    \5\ See supra note 36.
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    23. U-NII devices currently operate in the 5.250-5.350 GHz band 
without DFS capability. As a result, some period of time will be needed 
to implement the new DFS requirement for U-NII equipment operating in 
the 5.250-5.350 GHz band. The NPRM proposes that the DFS requirement 
for the 5.250-5.350 GHz band effective for U-NII equipment that is 
certified after one year from the date of publication of the Report and 
Order in this proceeding in the Federal Register. It also proposes to 
require that all U-NII devices operating in the 5.250-5.350 GHz band 
that are imported or shipped in interstate commerce on or after three 
years from the date the adopted rules are published in the Federal 
Register comply with these standards. The Commission believes that most 
affected products will be redesigned within this three-year time frame 
and that compliance with this proposal would not cause an unreasonable 
burden on industry. Comments are requested on these proposed transition 
provisions. The NPRM proposes that U-NII equipment operating in the new 
spectrum at 5.470-5.725 GHz meet all the technical requirements, 
including DFS and TPC, on the effective date of these rules.

B. Legal Basis

    24. This action is taken pursuant to sections 1, 4, 301, 302(a), 
303, 307, 309, 316, 332, 334, and 336 of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 154, 301, 302(a), 303, 307, 309, 316, 
332, 334, and 336.

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

    25. 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 defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small business concern'' 
under Section 3 of the Small Business Act.\7\ Under the Small Business 
Act, a ``small business concern'' is one that: (1) Is independently 
owned and operated; (2) is not dominant in its field of operations; and 
(3) meets any additional criteria established by the Small Business 
Administration (SBA).\8\
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    \6\ See U.S.C. 603(b)(3).
    \7\ Id. 601(3).
    \8\ Id. 632.
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    26. A small organization is generally ``any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.''\9\ Nationwide, as of 1992, there were 
approximately 275,801 small organizations.\10\ The term ``small 
governmental jurisdiction'' is defined as ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.''\11\ As of 
1997, there were approximately 87,453 governmental jurisdictions in the 
United States.\12\ This number includes 39,044 counties, municipal 
governments, and townships, of which 27,546 have populations of fewer 
than 50,000 and 11,498 counties, municipal governments, and townships 
have populations of 50,000 or more. Thus, we estimate that the number 
of small governmental jurisdictions is approximately 75,955 or fewer.
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    \9\ 5 U.S.C. 601(4).
    \10\ 1992 Economic Census, U.S. Bureau of the Census. Table 6 
(special tabulation of data under contract to Office of Advocacy of 
the U.S. Small Business Administration).
    \11\ 5 U.S.C. 601(5).
    \12\ 1995 Census of Governments, U.S. Census Bureau, United 
States Department of Commerce, Statistical Abstract of the United 
States (2000).
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    27. The Commission has not developed a definition of small entities 
applicable to unlicensed communications devices manufacturers. 
Therefore, we will utilize the SBA definition application to 
manufacturers of Radio and Television Broadcasting and Communications 
Equipment. According to the SBA regulations, unlicensed transmitter 
manufacturers must have 750 or fewer employees in order to qualify as a 
small business concern.\13\ Census Bureau indicates that there are 858 
U.S. companies that manufacture radio and television broadcasting and 
communications equipment, and the 778 of these firms have fewer than 
750 employees and would be classified as small entities.\14\ We do not 
believe this action would have a negative impact on small entities that 
manufacture unlicensed U-NII devices. Indeed, we believe the actions 
should benefit small entities because it should make available 
increased business opportunities to small entities. We request comment 
on these assessments.
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    \13\ See 13 CFR 121.20 NAICS Code 33420 (SIC Code 3663). 
Although SBA now uses the NAICS classifications, instead of SIC, the 
size standard remains the same.
    \14\ See U.S. Dept. of Commerce, 1992 census of Transportation, 
Communications and Utilities (issued May 1995), SIC category 3663 
(NAICS Code 34220).
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D. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements

    28. Part 15 transmitters are already required to be authorized 
under the Commission's certification procedures as a prerequisite to 
marketing and importation. Under the proposals in the NPRM, 
manufacturers will be required to demonstrate that U-NII devices 
operating in the bands 5.250-5.350 GHz and 5.470-5.725 GHz have Dynamic 
Frequency Selection Capabilities. Additionally, U-NII devices operating 
in the 5.470-5.725 GHz band must exhibit Transmit Power Control 
capabilities. The reporting and recordkeeping requirements associated 
with these equipment authorizations would not be changed by the rule 
revisions proposed in this NPRM.

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

    29. 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.\15\
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    \15\ 5 U.S.C. 603(c).

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[[Page 44016]]

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

    31. None.

List of Subjects in 47 CFR Parts 2 and 15

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

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

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 2 and 15 as 
follows:

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

    1. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.

    2. Section 2.106, the Table of Frequency Allocations, is proposed 
to be amended by revising pages 56 and 57.


Sec.  2.106  Table of Frequency Allocations.

    The proposed revisions and additions read as follows:
* * * * *
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PART 15--RADIO FREQUENCY DEVICES

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

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

    4. Section 15.37 amended by adding paragraph (l) to read as 
follows:


Sec.  15.37  Transition provisions for compliance with the rules.

* * * * *
    (l) U-NII Equipment operating in the 5.25--5.35 GHz band that are 
authorized under the certification procedure on or after [1 year after 
publication of R&O in ET Docket No. 03-122 in the Federal Register] 
shall comply with the DFS requirement specified in Sec.  15.407. All U-
NII Equipment operating in the 5.25-5.35 GHz band that are manufactured 
or imported on or after [2 years from publication of R&O in ET Docket 
No. 03-122 in the Federal Register] shall comply with the DFS 
requirement specified in Sec.  15.407. Equipment authorized, imported 
or manufactured prior to these dates shall comply with the requirements 
for U-NII Equipment operating in the 5.25-5.35 GHz band that were in 
effect immediately prior to [60 days after publication of R&O in ET 
Docket No. 03-122 in the Federal Register].
    5. Section 15.401 is revised to read as follows:


Sec.  15.401  Scope.

    This subpart sets out the regulations for unlicensed National 
Information Infrastructure (U-NII) devices operating in the 5.15--5.35 
GHz, 5.47--5.725 GHz and 5.725--5.825 GHz bands.
    4. Section 15.403 is revised to read as follows:


Sec.  15.403  Definitions.

    (a) Access Point (AP). A U-NII transceiver that operates either as 
a bridge in a peer-to-peer connection or as a connector between the 
wired and wireless segments of the network.
    (b) Available Channel. A radio channel on which a Channel 
Availability Check has not identified the presence of a radar.
    (c) Average Symbol Envelope Power. The average symbol envelope 
power is the average, taken over all symbols in the signaling alphabet, 
of the envelope power for each symbol.
    (d) Channel Availability Check. A check during which the U-NII 
device listens on a particular radio channel to identify whether there 
is a radar operating on that radio channel.
    (e) Channel Move Time. The time needed by a U-NII device to cease 
all transmissions on the Operating Channel upon detection of a signal 
above the DFS detection threshold. Transmissions during this period 
will consist of intermittent management and control signals required to 
facilitate vacating the Operating Channel.
    (f) Digital modulation. The process by which the characteristics of 
a carrier wave are varied among a set of predetermined discrete values 
in accordance with a digital modulating function as specified in 
document ANSI C63.17-1998.
    (g) Dynamic Frequency Selection (DFS) is a mechanism that detects 
signals from other systems and avoids co-channel operation with these 
systems, notably radar systems. The DFS process shall be required to 
provide a uniform spreading of the loading over all the available 
channels.
    (h) DFS Detection Threshold. The required detection level defined 
by detecting a received signal strength (RSS) that is greater than a 
threshold specified, within the U-NII device channel bandwidth.
    (i) Emission bandwidth. For purposes of this subpart the emission 
bandwidth shall be determined by measuring the width of the signal 
between two points, one below the carrier center frequency and one 
above the carrier center frequency, that are 26 dB down relative to the 
maximum level of the modulated carrier. Determination of the emissions 
bandwidth is based on the use of measurement instrumentation employing 
a peak detector function with an instrument resolution bandwidth 
approximately equal to 1.0 percent of the emission bandwidth of the 
device under measurement.
    (j) In-Service Monitoring. Monitoring of the Operating Channel to 
check that a co-channel radar has not moved or started operation within 
range of the U-NII device.
    (k) Non-Occupancy Period. The required period in which, once a 
channel has been recognized as containing a radar signal by a U-NII 
device, the channel will not be selected as an available channel.
    (l) Operating Channel. Once a U-NII device starts to operate on an 
Available Channel then that channel becomes the Operating Channel.
    (m) Peak Power Spectral Density. The peak power spectral density is 
the maximum power spectral density, within the specified measurement 
bandwidth, within the U-NII device operating band.
    (n) Peak Transmit Power. The maximum transmit power as measured 
over an interval of time of at most 30/B (where B is the 26 dB emission 
bandwidth of the signal in hertz) or the transmission pulse duration of 
the device, whichever is less, under all conditions of modulation.
    (o) Power Spectral Density. The power spectral density is the total 
energy output per unit bandwidth from a pulse or sequence of pulses for 
which the transmit power is at its peak or maximum level, divided by 
the total duration of the pulses. This total time does not include the 
time between pulses during which the transmit power is off or below its 
maximum level.
    (p) Pulse. A pulse is a continuous transmission of a sequence of 
modulation symbols, during which the average symbol envelope power is 
constant.
    (q) RLAN. Radio Local Area Network.
    (r) Transmit Power. The total energy transmitted over a time 
interval of at most 30/B (where B is the 26 dB emission bandwidth of 
the signal in hertz) or the duration of the transmission pulse, 
whichever is less, divided by the interval duration.
    (s) Transmit Power Control (TPC). A feature that enables a U-NII 
device to dynamically switch between several transmission power levels 
in the data transmission process.
    (t) U-NII devices. Intentional radiators operating in the frequency 
bands 5.15--5.35 GHz and 5.470--5.825 GHz that use wideband digital 
modulation techniques and provide a wide array of high data rate mobile 
and fixed communications for individuals, businesses, and institutions.
    7. Section 15.407 is amended by revising paragraph (a)(2), 
redesignating paragraphs (b)(3) through (b)(6) as paragraphs (b)(4) 
through (b)(7), adding a new paragraph (b)(3) and paragraph (h) to read 
as follows:


Sec.  15.407  General Technical Requirements.

    (a) * * *
    (2) For the 5.25-5.35 GHz and 5.47-5.725 GHz bands, the peak 
transmit power over the frequency bands of operation shall not exceed 
the lesser of 250 mW or 11 dBm + 10log B, where B is the 26 dB emission 
bandwidth in megahertz. In addition, the peak power spectral density 
shall not exceed 11 dBm in any 1 megahertz band. If transmitting 
antennas of directional gain greater than 6 dBi are used, both the peak 
transmit power and the peak power spectral density shall be reduced by 
the amount in dB that the directional gain of the antenna exceeds 6 
dBi.
* * * * *
    (b) * * *
    (3) For transmitters operating in the 5.47-5.725 GHz band: all 
emissions outside of the 5.47-5.725 GHz band

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shall not exceed an EIRP of -27 dBm/MHz.
* * * * *
    (h) Transmit Power Control (TPC) and Dynamic Frequency Selection 
(DFS).
    (1) Transmit power control (TPC). U-NII devices operating in the 
5.47-5.725 GHz band shall employ a TPC mechanism. The U-NII device is 
required to have the capability to operate at least 6 dB below the mean 
EIRP value of 30 dBm.
    (2) Dynamic Frequency Selection (DFS). U-NII devices operating in 
the 5.25-5.35 GHz and 5.47-5.725 GHz bands shall employ a DFS mechanism 
to detect the presence of radar systems and to avoid co-channel 
operation with radar systems. The minimum DFS detection threshold for 
devices with a maximum e.i.r.p. of 200 mW to 1 W is -64 dBm. For 
devices that operate with less than 200 mW e.i.r.p. the minimum 
detection threshold is -62 dBm. The detection threshold is the received 
power averaged over 1 microsecond referenced to a 0 dBi antenna.
    (i) Operational Modes. The DFS requirement applies to the following 
operational modes:
    (A) The requirement for channel availability check time applies in 
the master operational mode; and
    (B) The requirement for channel move time applies in both the 
master and slave operational modes.
    (ii) Channel Availability Check Time. A U-NII device shall check if 
there is a radar system already operating on the channel before it can 
initiate a transmission on a channel and when it has to move to a new 
channel. The U-NII device may start using the channel if no radar 
signal with a power level greater than the interference threshold 
values, as listed in (h)(2) of this section, is detected within 60 
seconds.
    (iii) Channel Move Time. After a radar's presence is detected, all 
transmissions shall cease on the operating channel within 10 seconds. 
Transmissions during this period will consist of normal traffic for 
typically less than 100 ms and a maximum of 200ms after detection of 
the radar signal. In addition, intermittent management and control 
signals can be sent during the remaining time to facilitate vacating 
the operating channel. The aggregate time of the intermittent 
management and control signals are typically less than 20 ms.
    (iv) Non-occupancy Period. A channel that has been flagged as 
containing a radar system, either by a channel availability check or 
in-service monitoring, is subject to a non-occupancy period of at least 
30 minutes. The non-occupancy period starts at the time when the radar 
system is detected.

[FR Doc. 03-18971 Filed 7-24-03; 8:45 am]
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