[Federal Register Volume 69, Number 57 (Wednesday, March 24, 2004)]
[Rules and Regulations]
[Pages 13746-13758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6206]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 2

[ET Docket No. 03-102; FCC 04-20]


Above 76 GHz

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission reallocated spectrum in the 
76-81 GHz frequency band and the frequency bands above 95 GHz to 
conform the United States Table of Frequency Allocations with recent 
changes to the International Table of Frequency Allocations maintained 
by the International Telcommunication Union. In order to protect 
passive services in the 55.78-56.26 GHz band, the Commission also 
adopted a limit on the maximum power spectral density that can be 
delivered to a fixed service transmitter antenna.

DATES: Effective April 23, 2004.

FOR FURTHER INFORMATION CONTACT: Shameeka Hunt, Office of Engineering 
and Technology, (202) 418-2062, email: [email protected]

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, ET Docket No. 03-102, FCC 04-20, adopted February 4, 2004, 
and released February 12, 2004. 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, Room CY-B402, 445 12th Street, SW., Washington, DC 
20554. Alternate formats are available to persons with disabilities by 
contacting Brian Millin at (202) 418-7426 or TTY (202) 418-7365.

Summary of the Report and Order

    1. In the Report and Order, the Commission amended part 2 of the 
Commission's rules to realign spectrum in the 76-81 GHz frequency band 
and the frequency bands above 95 GHz to conform the United States Table 
with international allocation changes made at WRC-2000. The Commission 
also set a maximum power spectral density limit in the 55.78-56.26 GHz 
band to protect passive services.
    2. Above 76 GHz. The Commission found that implementing the 
allocation changes from WRC-2000 in these bands was necessary to 
provide EESS and RAS operations with the flexibility to operate in 
spectrum suited to meet their needs. This action also promoted 
consistency between the U.S. Table and the International Table.
    3. Regarding the 76-77 GHz band, the Commission recognized that 
vehicular radar operations in this band may be able to increase the 
level of safety on highways and benefit the public. The Commission 
agreed with commenters that sharing between RAS and SRS and vehicular 
radar operations was possible. Therefore, the 76-77 GHz band was 
allocated to the RAS on a primary basis and to the SRS on a secondary 
basis, as proposed.
    4. In addition, the Commission found evidence of potential 
interference conflicts between the amateur-satellite service and 
vehicular radar systems. On this basis, it was anticipated that an 
amateur earth station could either receive interference to its 
operations or cause interference to a passing vehicular radar device. 
Therefore, the proposed secondary amateur-satellite allocation for the 
76-77 GHz band as not implemented. However, the existing secondary 
amateur service allocation was retained, noting that the existing 
secondary amateur service allocation in this band was currently 
suspended and restricted until technical sharing criteria was developed 
to address potential sharing problems in this band. The Commission also 
found that not allowing amateur operations in the 76-77 GHz band was 
not a significant burden on this service because amateurs typically do 
not operate at these higher frequencies and they are permitted to 
operate in the adjacent 77-81 GHz band.
    5. Regarding the 77-81 GHz segment, the Commission adopted 
domestically the RAS and SRS allocations as proposed in the Notice of 
Proposed Rule Making (NPRM), 68 FR 33043, June 3, 2003. Also, the 
Commission adopted the proposal set forth in the NPRM to realign 
spectrum in the bands above 95 GHz. This realignment would have little 
impact on the small number of systems that are currently implemented in 
these bands and no parties filed comments opposing these changes. It 
was found that potential interference conflicts between allocations or 
development of technical sharing criteria would be addressed, as 
appropriate, as future applications are developed or through the 
development of service rules.
    6. Finally, the Commission deleted the seven United States 
footnotes that were adopted in the Table Clean-up Order in DA No. 02-
1872, 67 FR 59601, September 23, 2002, for the purpose of maintaining 
the status quo for the U.S. Table, since the Report and Order adopted 
the realignment of WRC-2000, these footnotes no longer applied.
    7. Maximum Power Density in the Band 55.78-56.26 GHz. The 
Commission found that the current state of the art output power for 
fixed systems operating in this spectrum was still several dB less than 
the power that

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would be permitted under the output power limit of -28.5 dB(W/MHz) that 
was recommended. It was noted that no licenses had been issued for 
operation in the fixed service in the 55.78-56.26 GHz band and that the 
Commission had only granted a few experimental licenses in this 
spectrum. Therefore, to protect EESS from unaccepted interference from 
fixed and mobile operations, footnote US379 was adopted, which limited 
the maximum power density delivered to fixed service transmitter 
antennas to -28.5 dB(W/MHz)

Final Regulatory Flexibility Analysis

    8. As required by the Regulatory Flexibility Act (``RFA''),\1\ the 
Commission incorporated an Initial Regulatory Flexibility Analysis 
(``IRFA'') in the Notice of Proposed Rulemaking and Order (``NPRM''), 
ET Docket No. 03-102.\2\ The Commission sought written public comments 
on the proposals in the NPRM, including the IRFA. The Final Regulatory 
Flexibility Analysis (``FRFA'') in the Report and Order conforms to the 
RFA, as amended by the Contract With America Advancement Act of 1996 
(``CWAAA''), Public Law 104-121, 110 Stat. 847 (1996).
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has 
been amended by the Contract With America Advancement Act of 1996, 
Public Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the 
CWAAA is the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA).
    \2\ See Notice of Proposed Rule Making and Order, 18 FCC Rcd 
8347 (2003).
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    9. The RFA directs agencies to provide a description of, and, where 
feasible, an estimate of the number of small entities that may be 
affected by the action taken.\3\ The RFA generally defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.''\4\ In addition, the term ``small business'' has the 
same meaning as the term ``small business concern'' under the Small 
Business Act.\5\ A small business concern is one that: (1) Is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) meets any additional criteria established by the 
Small Business Administration (``SBA'').\6\ A small organization is 
generally ``any not-for-profit enterprise which is independently owned 
and operated and is not dominant in its field.''\7\ Nationwide, as of 
1992, there were approximately 275,801 small organizations.\8\ Finally, 
``small governmental jurisdiction'' generally means ``governments of 
cities, counties, towns, townships, villages, school districts, or 
special districts, with a population of less than 50,000.''\9\
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    \3\ 5 U.S.C. 603(b)(3).
    \4\ Id. 601(6).
    \5\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the 
RFA, the statutory definition of a small business applies ``unless 
an agency, after consultation with the Office of Advocacy of the 
Small Business Administration and after opportunity for public 
comment, establishes one or more definitions of such term which are 
appropriate to the activities of the agency and publishes such 
definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
    \6\ Small Business Act, 15 U.S.C. 632.
    \7\ 5 U.S.C. 601(4).
    \8\ 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).
    \9\ 5 U.S.C. 601(5).
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    10. The Commission will send a copy of this Final Regulatory 
Flexibility Analysis, along with this Report and Order, in a report to 
be sent to Congress pursuant to the Congressional Review Act, 5 U.S.C. 
801(a)(1)(A). In addition, the Commission will send a copy of this 
Report and Order, including this FRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 2

    Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 2 as follows:

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

0
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.

0
2. Section 2.106, the Table of Frequency Allocations, is amended as 
follows:
0
a. Revise pages 79 and 81 through 89 and remove page 90.
0
b. In the list of International Footnotes, remove footnotes 5.563 and 
917; remove headings ``I: New Numbering Scheme'' and ``II: Old 
Numbering Scheme''; and remove Note immediately following the heading 
``INTERNATIONAL FOOTNOTES.''
0
c. In the list of United States (US) Footnotes, revise footnotes US74, 
US211, US246, US263, and US342; remove footnotes US369, US371, US372, 
US373, US374, US375, and US376; and add footnote US379.
    The revisions and addition read as follows:


Sec.  2.106  Table of Frequency Allocations.

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* * * * *

United States (US) Footnotes

* * * * *
    US74 In the bands 25.55-25.67, 73.0-74.6, 406.1-410.0, 608-614, 
1400-1427, 1660.5-1670.0, 2690-2700, and 4990-5000 MHz, and in the 
bands 10.68-10.7, 15.35-15.4, 23.6-24.0, 31.3-31.5, 86-92, 100-102, 
109.5-111.8, 114.25-116, 148.5-151.5, 164-167, 200-209, and 250-252 
GHz, the radio astronomy service shall be protected from extraband 
radiation only to the extent that such radiation exceeds the level 
which would be present if the offending station were operating in 
compliance with the technical standards or criteria applicable to the 
service in which it operates. Radio astronomy observations in these 
bands are performed at the locations listed in US311.
* * * * *
    US211 In the bands 1670-1690, 5000-5250 MHz and 10.7-11.7, 15.1365-
15.35, 15.4-15.7, 22.5-22.55, 24-24.05, 31.0-31.3, 31.8-32.0, 40.5-
42.5, 116-122.25, 123-130, 158.5-164, 167-168, 191.8-200, and 252-265 
GHz, applicants for airborne or space station assignments are urged to 
take all practicable steps to protect radio astronomy observations in 
the adjacent bands from harmful interference; however, US74 applies.
* * * * *
    US246 No station shall be authorized to transmit in the following 
bands: 73-74.6 MHz, 608-614 MHz, except for medical telemetry 
equipment,\1\ 1400-1427 MHz, 1660.5-1668.4 MHz, 2690-2700 MHz, 4990-
5000 MHz, 10.68-10.7 GHz, 15.35-15.4 GHz, 23.6-24 GHz, 31.3-31.8 GHz, 
50.2-50.4 GHz, 52.6-54.25 GHz, 86-92 GHz, 100-102 GHz, 109.5-111.8 GHz, 
114.25-116 GHz, 148.5-151.5 GHz, 164-167 GHz, 182-185 GHz, 190-191.8 
GHz, 200-209 GHz, 226-231.5 GHz, 250-252 GHz.
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    \1\ Medical telemetry equipment shall not cause harmful 
interference to radio astronomy operations in the band 608-614 MHz 
and shall be coordinated under the requirements found in 47 CFR 
95.1119.
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* * * * *
    US263 In the bands 21.2-21.4 GHz, 22.21-22.5 GHz, 36-37 GHz, and 
56.26-58.2 GHz, the space research and Earth exploration-satellite 
services shall not receive protection from the fixed and mobile 
services operating in accordance with the Table of Frequency 
Allocations.
* * * * *
    US342 In making assignments to stations of other services to which 
the bands:

13360-13410 kHz                       14.47-14.5 GHz                        128.33-128.59 GHz
25550-25670 kHz                       22.01-22.21 GHz                       129.23-129.49 GHz
37.5-38.25 MHz                        22.21-22.5 GHz                        130-134 GHz
322-328.6 MHz                         22.81-22.86 GHz                       136-148.5 GHz
1330-1400 MHz                         23.07-23.12 GHz                       151.5-158.5 GHz
1610.6-1613.8 MHz                     31.2-31.3 GHz                         168.59-168.93 GHz
1660-1660.5 MHz                       36.43-36.5 GHz                        171.11-171.45 GHz
1668.4-1670 MHz                       42.5-43.5 GHz                         172.31-172.65 GHz
3260-3267 MHz                         48.94-49.04 GHz                       173.52-173.85 GHz
3332-3339 MHz                         76-86 GHz                             195.75-196.15 GHz
3345.8-3352.5 MHz                     92-94 GHz                             209-226 GHz
4825-4835 MHz                         94.1-100 GHz                          241-250 GHz
4950-4990 MHz                         102-109.5 GHz                         252-275 GHz
6650-6675.2 MHz                       111.8-114.25 GHz
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are allocated, all practicable steps shall be taken to protect the 
radio astronomy service from harmful interference. Emissions from 
spaceborne or airborne stations can be particularly serious sources of 
interference to the radio astronomy service (see Nos. 4.5 and 4.6 and 
Article 29 of the ITU Radio Regulations).
* * * * *
    US379 In the band 55.78-56.26 GHz, in order to protect stations in 
the Earth exploration-satellite service (passive), the maximum power 
density delivered by a transmitter to the antenna of a fixed service 
station is limited to-28.5 dB(W/MHz).
[FR Doc. 04-6206 Filed 3-23-04; 8:45 am]
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