[Federal Register Volume 68, Number 164 (Monday, August 25, 2003)]
[Rules and Regulations]
[Pages 50972-50973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21618]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket No. 98-156; FCC 03-175]


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

AGENCY: Federal Communications Commission.

ACTION: Final rule; termination.

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SUMMARY: In this document, the Commission affirms the decision to allow 
the unlicensed operation of fixed point-to-point transmitters in the 
24.05-24.25 GHz band at field strengths up to 2500 mV/m under amended 
provisions of the Commission's rules. In the course of taking this 
action, the Commission also denies the petition for reconsideration 
filed by the National Association for Amateur Radio (ARRL) that 
challenged the decision to allow the described operation on an 
unlicensed basis. Because the MO&O resolves all pending matters in this 
proceeding, the Commission terminates this proceeding.

ADDRESSES: Office of the Secretary, Federal Communications Commission, 
445 12th Street, SW., TW-A325, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Gary Thayer, Office of Engineering and 
Technology, (202) 418-2290, TTY (202) 418-2989, e-mail: 
[email protected]; Neal McNeil, Office of Engineering and Technology, 
(202) 418-2408, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memorandum Opinion and Order, ET Docket No. 98-156, FCC 03-175, adopted 
July 15, 2003, and released July 21, 2003. The full text of this 
Commission decision is available on the Commission's Internet site at 
www.fcc.gov. It is available for inspection and copying during normal 
business hours in the FCC Reference Information Center, Room CY-A257, 
445 12th Street, SW., Washington, DC 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. Alternative formats are available to persons with 
disabilities by contacting Brian Millin at (202) 418-7426 or TTY (202) 
418-7365.

Summary of the Memorandum Opinion and Order

    1. In the Report and Order (R&O) in this proceeding, ET Docket No. 
98-156, 67 FR 1,623, January 14, 2002, the Commission amended Sec.  
15.249 of the Commission's rules to allow unlicensed operation of fixed 
point-to-point transmitters in the 24.05-24.25 GHz band with field 
strengths up to 2500 mV/m. The Commission further decided that such 
devices must use directional antennas with gains of at least 33 dBi or 
a main lobe beamwidth not exceeding 3.5 degrees. The Commission also 
adopted strict frequency stability requirements to limit out-of-band 
emissions to minimal levels. The Commission concluded that it is in the 
public interest to allow such operation on an unlicensed basis to 
supplement the growing demand for licensed point-to-point facilities 
that satisfy important communications needs. For example, the 
Commission concluded that increasing the field strength limit would 
promote greater use of part 15 unlicensed devices for emergency 
restoration of communications in disaster situations, low-cost 
telecommunications delivery in rural areas, and other beneficial 
applications.
    2. By this Memorandum Opinion and Order, the Commission affirms the 
decision made in the R&O to allow the unlicensed operation of fixed 
point-to-point transmitters in the 24.05-24.25 GHz band at field 
strengths up to 2500 mV/m under amended provisions of Sec.  15.249 in 
part 15 of the Rules. The Commission affirms the central technical 
finding made in the R&O namely, that devices having field strengths up 
to 2500 mV/m and conforming to the specified directional antenna 
requirements are suitable for unlicensed operation under part 15 in the 
24.05-24.25 GHz band. In particular, the Commission affirms the 
conclusion that devices operating within these requirements will not 
increase the interference potential to licensed amateur services in the 
band.
    3. In the course of affirming its decision in the R&O, the 
Commission also denies the petition for reconsideration filed by the 
National Association for Amateur Radio (ARRL) that challenged the 
propriety of the described operation in the 24.05-24.25 GHz band on an 
unlicensed basis. Because the unlicensed operation provided for by the 
R&O will not increase the interference potential to licensed amateur 
services in the band, the Commission finds no merit in ARRL's argument 
that the Commission violated 47 U.S.C. 301 of the Communications Act in 
authorizing the unlicensed operation under part 15 of the Commission's 
rules. Furthermore, the Commission affirms that the rules adopted in 
the R&O are reasonable for

[[Page 50973]]

regulating the unlicensed operation that was authorized under part 15 
in this proceeding. Finally, since the MO&O resolves all pending 
matters in this proceeding, the Commission terminates this proceeding.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 03-21618 Filed 8-22-03; 8:45 am]
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