[Federal Register Volume 69, Number 172 (Tuesday, September 7, 2004)]
[Rules and Regulations]
[Pages 54027-54037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19745]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 15

[ET Docket 03-201; FCC 04-165]


Unlicensed Devices and Equipment Approval

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document updates several technical rules for unlicensed 
radiofrequency devices of the Commission's rules. These rule changes 
will allow device manufacturers to develop expanded applications for 
unlicensed devices and will allow unlicensed device operators, 
including wireless Internet service providers'

[[Page 54028]]

greater flexibility to modify or substitute parts as long as the 
overall system operation is unchanged. We take these actions as part of 
our ongoing process of updating our rules to promote more efficient 
sharing of spectrum used by unlicensed devices and remove unnecessary 
regulations that inhibit such sharing.

DATES: Effective October 7, 2004, except for Sec. Sec.  2.913(c), 
2.926(c), 2.929(c) and 2.929(d) which contains information collection 
requirements that are not effective until approved by the Office of 
Management and Budget. The FCC will publish a document in the Federal 
Register announcing the effective date for those sections.

ADDRESSES: In addition to filing comments with the Office of the 
Secretary, 445 12th Street, SW., Washington, DC 20554, a copy of any 
comments on the Paperwork Reduction Act information collection 
requirements contained herein should be submitted to Leslie 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: Neal McNeil, Office of Engineering and 
Technology, (202) 418-2408, TTY (202) 418-2989, e-mail: 
[email protected].
    For additional information concerning the Paperwork Reduction Act 
information collection requirements contained in this document, contact 
Leslie Smith at 202-418-0217, or via the Internet at 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, ET Docket 03-201, FCC 04-165, adopted July 8, 2004 and 
released July 12, 2004. 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 duplication contractor, Best Copy and Printing, Inc., 
445 12th Street, SW., Room CY-B402, Washington, DC 20554. The full text 
may also be downloaded at: http://www.fcc.gov. To request materials in 
accessible formats for people with disabilities (Braille, large print, 
electronic files, audio format), send an e-mail to [email protected] or 
call the FCC Consumer & Governmental Affairs Bureau at (202) 418-0531 
(voice), (202) 418-7365 (TTY).

Paperwork Reduction Act of 1995 Analysis

    The Report & Order contains modified information collection(s) 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general public to comment on the 
information collection requirements contained in this R&O as required 
by the Paperwork Reduction Act of 1995 (PRA), Pub. L. 104-13. Public 
and agency comments are due November 8, 2004. In addition, the 
Commission notes that pursuant to the Small Business Paperwork Relief 
Act of 2002, Pub. L. 107-198, see 44 U.S.C. 3506(c)(4), we previously 
sought specific comment on how the Commission might ``further reduce 
the information collection burden for small business concerns with 
fewer than 25 employees.'' In this present document, we have assessed 
the effects of removing the paper filing provisions in Sec. Sec.  
2.913(c), 2.929(c) and 2.929(d) of the Commission's rules, and find 
that the changes will facilitate more efficient document filing and 
processing without placing additional burdens on small entities.

Summary of the Report and Order

Revisions to Part 15

Advanced Antenna Technologies
    1. In the Notice of Proposed Rulemaking, (NPRM), 68 FR 68823, 
September 17, 2003, the Commission proposed to update Sec.  15.247 of 
the rules to allow the use of more efficient antenna technologies with 
unlicensed devices. The regulations in effect at the time allowed only 
omnidirectional and directional antennas to be used with such devices. 
However, systems employing advanced antenna designs such as sectorized 
antennas and phased array adaptive antennas are now being used, or 
contemplated for use, as part of wide area network systems operating in 
the 2.4 GHz band. To date, the Commission has not generally authorized 
the operation of sectorized antennas by spread spectrum systems, but, 
by individual interpretation of its rules, we have allowed a few phased 
array systems to operate.
    2. The Commission continues to believe that it is appropriate to 
revise Sec.  15.247 to permit the use of advanced antenna systems in 
the 2.4 GHz band. The Commission is adopting our proposals with certain 
modifications based on the comments. First, The Commission is allowing 
advanced antenna systems, including sectorized and adaptive array 
systems, to operate with an aggregate transmit output power transmitted 
simultaneously on all beams of up to 8 dB above the limit for an 
individual beam.
    3. Second, the Commission is adopting a requirement that the total 
EIRP on any beam may not exceed the EIRP limits for conventional point-
to-point operation. The Commission is aware that during the course of 
normal operation it is possible that two beams may overlap while 
tracking associated mobile units. Because the effective radiated power 
along the path of overlap might exceed the power level permitted by a 
single beam, the Commission will require that the aggregate power 
transmitted simultaneously on overlapping beams be reduced to ensure 
that EIRP in the area of overlap does not exceed the limit for a single 
beam. Applications for equipment authorization must include the 
algorithm that will produce the maximum gain to ensure that the 
requirement will be met. For example, consider an antenna system that 
forms two separate beams both operating at the maximum permitted power. 
If the two beams were to overlap coverage area, then the power in each 
beam must be reduced in any proportion relative to the other in such a 
way that the total power in the overlap area does not exceed the 
maximum power allowed for one beam.
    4. The Commission is not adopting a rule to restrict advanced 
antenna systems to 120[deg] beamwidth. The Commission concludes that 
the EIRP limits, including the areas of overlap, will ensure that 
interference potential of the system is minimized, regardless of the 
beamwidth employed.
    5. The rules we adopt herein are technologically neutral and will 
permit operation of various new and developing antenna technologies. 
Although the NPRM identified only sectorized and phased array systems 
as those that the Commission would consider under the revised rules, 
commenters have noted that other advanced antenna technologies are 
either under development or in use for various applications. Systems 
using technologies such as MIMO, space-time coding, and switched beam 
devices will be accommodated under the new rules.
    6. The Commission is grandfathering existing advanced antenna 
systems that have already received an equipment authorization. These 
systems may continue to operate in accordance with the terms of the 
equipment authorization. New systems must comply with the rules adopted 
herein.
Replacement Antennas for Unlicensed Devices
    7. Section 15.203 requires that intentional radiators be designed 
such that no antenna other than that supplied can be used with the 
device. The rules state that the device can be designed to

[[Page 54029]]

permit a broken antenna to be replaced by the user; however, the use of 
a standard antenna jack or electrical connector is prohibited. These 
rules are intended to prevent both intentional and unintentional 
circumvention of the part 15 emission limits by replacing a device's 
authorized antenna with an antenna having higher gain characteristics.
    8. In order to support more flexible antenna requirements for 
unlicensed devices, the Commission proposed to allow that devices be 
authorized for use with multiple antennas. Although the Commission 
proposed to modify Sec.  15.203 to implement the modifications, it 
believes that the changes are better suited for Sec.  15.204. 
Accordingly, the Commission modifies Sec.  15.204 to permit intentional 
radiators to be authorized with multiple antennas of similar in and 
out-of-band gain and radiation pattern. Compliance testing for the 
intentional radiator must be performed using the highest gain antenna 
that will be used with the device. The manufacturer must supply a list 
of other acceptable antennas in the literature delivered to the 
customer.
    9. The Commission is not convinced, however, that the unique 
connector requirement should be eliminated. Thus, all replacement 
antennas authorized for use with an intentional radiator must 
incorporate a non-standard connector which uniquely couples with that 
intentional radiator. The Commission remains concerned that removing 
this requirement could make it easier for parties to attach 
unauthorized high gain antennas or linear amplifiers to unlicensed 
devices in violation of the rules. Of even greater importance, however, 
is the Commission's concern that removing this requirement might have 
the unintended consequence of allowing uninformed consumers to 
inadvertently attach an antenna which causes the device to emit at 
levels in excess of the limits for human exposure to radio emissions. 
For these reasons, the Commission will continue to require that 
unlicensed devices use non-standard antenna connectors as currently 
required in Sec.  15.203.
    10. The Commission will also remove the Sec.  15.407(d) requirement 
that devices designed to operate in the 5.15 GHz-5.25 
GHz U-NII band incorporate an integrated antenna. In light 
of the fact that manufacturers are designing equipment that is capable 
of operating across multiple unlicensed bands, the Commission concludes 
that it is impractical to maintain separate antenna requirements for 
each band in which a device my operate. Removal of this requirement 
will not present a significant interference risk because the modified 
Sec.  15.204 rules will ensure that any replacement antenna used with a 
device will not cause emissions to exceed authorized levels. 
Furthermore, the requirement that U-NII band devices incorporate a non-
standard connector which couples only to the transmitter with which it 
is authorized will provide assurance that unauthorized antennas will 
not be used with the devices.
Flexible Equipment Authorization for Radio Transmission Systems
    11. Section 15.205 of the rules prohibits marketing of external 
radio frequency amplifiers, except as part of a complete transmission 
system consisting of an intentional radiator, external radio frequency 
amplifier and antenna. In the NPRM, the Commission proposed to allow 
marketing of separate radio frequency power amplifiers on a limited 
basis. The Commission proposed to restrict such marketing to amplifiers 
that are only capable of operation under the digitally modulated 
devices rules in Sec.  15.247 and under the U-NII rules for the 5750-
5850 MHz band. These are the rules under which most 
unlicensed wireless broadband devices operate. Further, the Commission 
proposed to require that the parties responsible for such amplifiers 
obtain an equipment authorization (certification) and demonstrate that 
the device cannot operate with an output power of more than 1 Watt, the 
maximum power permitted under the rules. Consumers and businesses would 
then have the ability to obtain a separate amplifier if they find the 
device they have purchased has insufficient operating range to meet 
their needs.
    12. The Commission adopted rules to allow external amplifiers to be 
marketed separately if they are designed in such a way that they can 
only be used with a specific system that is covered by an equipment 
authorization, such as through use of a unique connector or via an 
electronic handshake with a host device. The amplifiers must have a 
proprietary connection both into the amplifier and into the associated 
routers and access points with which they are FCC approved to work so 
that consumers with any other routers or access points cannot use them. 
The output power of such an amplifier must not exceed the maximum 
permitted output power of the system with which it is authorized. In 
addition, the Commission is requiring that the amplifiers will be sold 
with a notice that they are to be used only in conjunction with the 
routers and access points for which they have been approved. A 
description or listing of the devices with which the amplifier can be 
used must appear on the outside packaging as well as in the user manual 
for the amplifier. The amplifiers must not be used to circumvent 
regulations regarding output power. For example, an amplifier may not 
be used to increase the output power of a system that is otherwise 
limited to 125 mW to a higher power. The party responsible for ensuring 
compliance with Commission regulations shall illustrate, during the 
equipment authorization process, the method used to prohibit 
unauthorized power increases. The marketing of RF amplifiers that are 
not FCC certified to be used as part of a specific system will continue 
to be prohibited.
Measurement Procedures for Digital Modulation Systems
    13. In the NPRM, the Commission explained that unlicensed devices 
designed to use digital modulation techniques may be authorized under 
either the U-NII rules (Subpart E) or Sec.  15.247 of part 15. When 
operating under either of these requirements the devices are limited to 
1 watt maximum output power. However, the method used to determine the 
maximum power varies for U-NII and spread spectrum devices. 
Specifically, the output power measurement required under the 
Commission's U-NII device test procedure is an RMS average measurement, 
while the output power measurement required under the Commission's 
digitally-modulated spread spectrum device test procedure is a 
measurement of the overall peak emission. In adopting the U-NII rules, 
the Commission recognized that digital modulation techniques often 
display short duration peaks that do not cause increased interference 
to other operations. Measuring the peak level of short duration spikes 
overestimates interference potential. Accordingly, the Commission 
established measurement procedures for digital U-NII devices which 
allow for averaging output power in order to disregard these 
insignificant spikes.
    14. In the NPRM, the Commission proposed to harmonize the 
measurement procedures for digital modulation devices authorized under 
Sec.  15.247 with the digital U-NII devices authorized under Sec.  
15.407. Specifically, the Commission proposed to allow entities 
performing compliance testing for Sec.  15.247 devices to use an 
average, rather than overall peak, emission as provided by Sec.  
15.407, paragraphs (a)(4) and (a)(5) when measuring transmit

[[Page 54030]]

power. The Commission proposed this change for devices using digital 
modulation that operate in the 915 MHz, 2.4 GHz 
and 5.7 GHz bands.
    15. The Commission believes that it is important to maintain 
consistent treatment of similar technologies regardless of the rule 
Sec.  under which it is authorized. Therefore, as proposed in the NPRM, 
the Commission will modify Sec.  15.247 to permit the determination of 
the output power of a digitally modulated system by the same methods 
used to determine output power of systems operating pursuant to the U-
NII rules. This measurement, in both cases, may be taken as an average 
power measurement as described in the Public Notice, ``Measurement 
Procedure Updated for Peak Transmit Power in the Unlicensed National 
Information Infrastructure (U-NII) Bands,'' DA 02-2138, 17 FCC Rcd 
16521, August 30, 2002.
    16. The Commission is not removing the existing measurement 
requirements for Sec.  15.247 devices from the rules; instead, the new 
measurement procedure can be used optionally for digitally modulated 
Sec.  15.247 devices. However, in order to address the concern of 
increased out-of-band emissions from devices authorized under Sec.  
15.247, we will require that if emissions are measured using the 
average power procedure, then out-of-band emission must be reduced to 
30 dB below the level of the device's fundamental frequency.
    17. The optional measurement procedure will be applicable to 
digitally modulated devices in the 915 MHz, 2.4 
GHz and 5.7 GHz bands. The Commission is not 
persuaded by Itron's comments to exclude the 915 MHz band. 
Itron argues that using an average rather than peak power output 
measurement would result in higher-power devices being permitted to 
operate in the band. It states that changing the testing procedure 
could be detrimental to tens of millions of devices operating in the 
915 MHz band. The Commission finds that Itron has not made a 
significant showing to warrant exclusion of the 915 MHz band 
from the revised regulations. The Commission continues to believe that 
these changes will benefit operators in the 915 MHz band 
equally as well as operators in the 2.4 GHz and 5.7 
GHz bands without resulting in increased risk of 
interference.
Frequency Hopping Channel Spacing Requirements
    18. The Commission proposed to modify the frequency hopping spacing 
requirement to permit certain systems in the 2.4 GHz band to 
utilize hopping channels separated by either 25 KHz or two-
thirds of the 20 dB bandwidth, whichever is greater. The Commission 
stated that although a single device's channels will not overlap in 
time, the operation of multiple devices using the new modulation 
technique simultaneously in a given area may cause the spectral 
occupancy and power density to increase, leading to an increased risk 
of interference. Therefore, the Commission sought comment on the 
interference potential of new waveforms with more gradual roll-off and 
potentially higher spectral power densities at the channel band edges.
    19. The Commission believes that our proposal to modify the 
frequency hopping spacing requirement in the 2.4 GHz band 
will provide for more spectrally efficient technologies. The Commission 
is therefore adopting our proposal. The Commission agrees with the 
commenters that the relaxed frequency hopping spacing requirement 
proposed should not be limited to systems using 75 or fewer channels. 
The Commission is therefore adopting the language that will not limit 
flexibility to systems using 75 or fewer channels. Frequency hopping 
systems that operate under the revised spacing rules will be limited to 
an output power of 125 mW.
    20. The Commission is not extending this provision to the 915 
MHz band as requested. There are additional concerns with 
regard to altering the separation distances for frequency hopping 
systems in the 915 MHz band. In particular, the 915 
MHz band has only 28 megahertz of available spectrum as 
opposed to 83.5 megahertz of spectrum in the 2.4 GHz band. 
Because there is less spectrum available, wider skirts would have a 
greater impact. The Commission does not have sufficient information 
about the affects that modifying the spacing requirements would have on 
existing users of the band. Therefore, the Commission is not changing 
the channel spacing requirements for the 915 MHz band at 
this time.
Improving Sharing in the Unlicensed Bands
    21. The Commission declines to impose any type of spectrum 
etiquette for the part 15 bands that are the subject of this proceeding 
because they are already heavily used. The Commission believes that 
design flexibility has helped industry to develop efficient sharing and 
modulation schemes. It appears that the existing regulations have 
resulted in very efficient use of available unlicensed spectrum. 
However, the Commission also finds that the recommendations advanced by 
Microsoft have merit and should be taken under consideration. In 
particular, the Commission finds that Microsoft's suggestions may prove 
beneficial as the Commission proceeds in making additional spectrum 
available for unlicensed operation. For example, the Commission now has 
under consideration a Notice of Proposed Rulemaking, 69 FR 34103, June 
18, 2004, seeking comment on issues related to allowing unlicensed 
devices to operate in unused portions, or ``White Spaces,'' in the TV 
broadcast spectrum. The Commission notes that a device operating in 
accordance with the suggested guidelines could more effectively share 
the broadcast band, minimizing the risk of interference to both TV 
stations and other unlicensed devices. The Commission will take into 
consideration possible requirements such as these as it contemplates 
making additional spectrum available for the operation of unlicensed 
devices.
Part 15 Unlicensed Modular Transmitter Approvals
    22. In the NPRM, the Commission also proposed to clarify the 
equipment authorization requirements for modular transmitters. However, 
because there are complex and evolving issues associated with modular 
transmitters, the Commission determined that further information is 
needed before reasonable guidelines can be developed. Accordingly, the 
Commission will address this matter in a later Commission action.
Special Temporary Authority
    23. The Commission proposed to delete the provisions in Sec.  15.7 
of the rules for obtaining a Special Temporary Authority (STA) to 
operate intentional or unintentional radiation devices not conforming 
to the part 15 rules. The Commission noted that the Office of 
Engineering and Technology has not granted any STAs under part 15 nor 
had any formal requests for an STA under these rules in the last 10 
years. The Commission further noted that this need is being met through 
the allowances for STAs under the provisions in part 5 for experimental 
licenses.
    24. Only Globespan Virata filed comments on this subject. It 
expresses support for removing the Special Temporary Authority 
provisions. The Commission concludes that the STA provisions of part 15 
are no longer needed. The lack of interested parties commenting on this 
topic provides a further indication that the rule section has outlived 
its usefulness. Therefore, as proposed in the NPRM, the Commission 
deletes Sec.  15.7 from the rules. STAs to

[[Page 54031]]

operate intentional or unintentional radiation devices not conforming 
to the part 15 rules will continue to be granted, as appropriate, under 
the experimental licensing provisions of part 5.

Revisions to Part 2

Import Conditions
    25. In a comment filed in response to the 2002 Regulatory 
Flexibility Act Review, Hewlett-Packard Company (HP) asked that the 
Commission increase the number of devices not intended for use in a 
licensed service that may be imported to 2000 or fewer for testing and 
evaluation and 100 or fewer for demonstration purposes. HP further 
requests that the modified rules be expanded to permit demonstration 
prototypes to be used, in addition to trade shows, for any other 
purpose designed to build market awareness. As an alternative to the 
suggested rule changes, HP states that the Commission could consider 
combining Sec. Sec.  2.1204(a)(3) and 2.1204(a)(4) to create a limit of 
2100 devices for all pre-authorized units to be used for, ``design 
refinement, software development, marketing and customer support 
program development, or any other needed product development purpose, 
including promoting market awareness.'' HP contends that this 
relaxation of the import regulations would more accurately reflect the 
manufacturing and marketing procedures in use today.
    26. The Commission proposed to relax the import restrictions as 
requested by HP. However, the Commission also expressed concern that 
increasing the limit as HP requests might encourage some manufacturers 
to import far more devices than necessary and to request an exception 
to import an even greater number of devices, without sufficient cause. 
The Commission sought comment on both the necessity of increasing the 
importation limit and the possibility of abuse of a revised rule.
    27. The Commission does not believe that commenters have made a 
compelling argument supporting the need for a modification to the 
importation regulations. The Commission routinely receives requests to 
import products in greater numbers than provided for in the current 
rules. Such requests are generally processed with little delay. To be 
more specific, our Office of Engineering and Technology Laboratory 
processes, on average, only about twenty-five such requests per year. 
This limited number of requests does not impose a significant 
administrative burden on the Commission. Furthermore, the requests are 
useful to our staff because they indicate how many devices are being 
imported prior to authorization. The Commission remains concerned that 
relaxation of the import rules might result in an unnecessary influx of 
excess equipment and increase the likelihood that manufacturers will 
lose track of unauthorized devices. Accordingly, the Commission 
declines to modify the Sec.  2.1204 importation regulations.
Electronic Filing
    28. The Commission proposed three changes which it believed would 
streamline our filing process by reducing paperwork burdens and further 
our efforts to comply with the E-Government initiative. Specifically, 
it proposed to 1) delete the provisions for paper filing of an 
application for Certification in Sec.  2.913, noting that no requests 
to submit paper filings had been received in the past five years; 2) 
modify Sec.  2.926(c) to require electronic filing for all grantee code 
assignment requests, and; 3) modify Sec. Sec.  2.929(c) and (d) to 
require electronic filing for all changes in address, company name, 
contact person, and control/sale of the grantee.
    29. With the support of commenters, the Commission concludes that 
the paper filing provisions in Sec. Sec.  2.913(c), 2.926(c), 2.929(c), 
and 2.929(d) of the rules are unnecessary and outdated. The proposed 
revisions would facilitate more efficient document filing and 
processing. Therefore, the Commission will make the changes to 
Sec. Sec.  2.913(c), 2.926(c), 2.929(c), and 2.929(d) as proposed in 
the NPRM.
Accreditation of Test Laboratories
    30. The Commission observed that the rules do not address re-
evaluation intervals for laboratories that test devices for part 15 and 
part 18 compliance. Accrediting bodies that evaluate the laboratories 
generally determine these intervals themselves. While domestic 
laboratories are generally re-evaluated at two-year intervals, some 
Accrediting Bodies reassess foreign laboratories only every 7 years. 
The Commission indicated that it is important that all laboratories, 
both foreign and domestic, be re-certified on a common interval. 
Therefore, the Commission proposed to modify Sec.  2.948 to clarify 
that all test sites, both foreign and domestic, must be reassessed by 
their Accrediting Body every two years. The Commission proposed to 
modify Sec.  2.962(e)(1) to clarify that every Telecommunications 
Certification Body must be re-accredited every 2 years for continued 
accreditation.
    31. The Commission modified Sec.  2.948 to clarify that all test 
sites must be reassessed by their Accrediting Body every two years. 
Additionally, the Commission is modifying Sec.  2.962 by adding a new 
paragraph (c)(7) to clarify that every Telecommunications Certification 
Body must be reassessed on two-year intervals.
Miscellaneous
    32. Finally, the Commission makes an editorial change to Sec.  
15.31(a)(3) to update the reference to ANSI C63.4 to its newest 
version. Specifically, the Commission is replacing ``ANSI C63.4-2001'' 
with ``ANSI C63.4-2003.'' The Note to paragraph (a)(3) remains 
unchanged.

Final Regulatory Flexibility Analysis

    33. As required by the Regulatory Flexibility Act (``RFA''),\1\ an 
Initial Regulatory Flexibility Analysis (``IRFA'') was incorporated in 
the Notice of Proposed Rule Making (``NPRM''), ET Docket 03-201. The 
Commission sought written public comment on the proposals in the 
Notice, including comment on the IRFA. We find that the rules adopted 
in the Report and Order will not have a significant economic impact on 
a substantial number of small entities.\2\ The Commission has 
nonetheless provided this Final Regulatory Flexibility Analysis 
(``FRFA'') to provide a fuller record in this proceeding. This FRFA 
conforms to the RFA.\3\
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601--612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA), Pub. L. 104-121, Title II, 110 Stat. 857 (1996).
    \2\ Thus, we could certify that an analysis is not required. See 
5 U.S.C. 605(b).
    \3\ See 5 U.S.C. 604.
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A. Need for, and Objectives of, the Report and Order

    34. Section 11 of the Communications Act of 1934, as amended, and 
Sec.  202(h) of the Telecommunications Act of 1996 require the 
Commission (1) to review biennially its regulations pertaining to 
telecommunications service providers and broadcast ownership; and (2) 
to determine whether economic competition has made those regulations no 
longer necessary in the public interest. The Commission is directed to 
modify or repeal any such regulations that it finds are no longer in 
the public interest.
    35. On September 6, 2002, the Commission released a Public Notice 
seeking comments regarding Commission rules which may be

[[Page 54032]]

outdated and in need of revision.\4\ The Public Notice identified a 
number of rule sections in parts 2 and 15 as candidates for review, and 
encouraged interested parties to provide comment on these rules. 
Subsequently, on September 26, 2002, the Commission released a separate 
Public Notice seeking suggestions as to which rule parts administered 
by the Commission's Office of Engineering and Technology should be 
modified or repealed as part of the 2002 biennial review.\5\ Some of 
the comments filed in response to these Public Notices were addressed 
by NPRM. The NPRM also addressed other issues raised as a result of 
recent changes in technology.
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    \4\ See Public Notice, ``FCC Seeks Comment Regarding Possible 
Revision or Elimination of Rules Under The Regulatory Flexibility 
Act, 5 U.S.C. 610,'' released September 6, 2002, DA 02-2152.
    \5\ See Public Notice, ``The Commission Seeks Public Comment in 
the 2002 Biennial Review of Telecommunications Regulations within 
the Purview of the Office of Engineering and Technology,'' released 
September 26, 2002, ET Docket No. 02-312.
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    36. The NPRM proposed several changes to parts 2, 15 and other 
parts of the rules. Specifically, it proposed to:
    (1) modify the rules to permit the use of advanced antenna 
technologies with spread spectrum devices in the 2.4 GHz band;
    (2) modify the replacement antenna restriction for part 15 devices;
    (3) modify the equipment authorization procedures to provide more 
flexibility to configure transmission systems without the need to 
obtain separate authorization for every combination of system 
components;
    (4) harmonize the measurement procedures for digital modulation 
systems authorized pursuant to Sec.  15.247 of the rules with those for 
similar U-NII devices authorized under Sec. Sec.  15.401-15.407 of the 
rules; \6\
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    \6\ 47 CFR 15.247
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    (5) modify the channel spacing requirements for frequency hopping 
spread spectrum devices in the 2.4 GHz band in order to remove barriers 
to the introduction of new technology that uses wider bandwidths;
    (6) clarify the equipment authorization requirements for modular 
transmitters; and
    (7) make other changes to update or correct parts 2 and 15 of our 
rules.
    37. These proposals would prove beneficial to manufacturers and 
users of unlicensed technology, including those who provide services to 
rural communities. Specifically, the Commission noted that a growing 
number of service providers are using unlicensed devices within 
wireless networks to serve the varied needs of industry, government, 
and general consumers alike. One of the more interesting developments 
is the emergence of wireless Internet service providers or ``WISPs.'' 
Using unlicensed devices, WISPs around the country are providing an 
alternative high-speed connection in areas where cable or DSL services 
have been slow to arrive. The Commission believes that the increased 
flexibility proposed in the NPRM would help to foster a viable last 
mile solution for delivering Internet services, other data 
applications, or even video and voice services to underserved, rural, 
or isolated communities.

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

    38. No comments were filed in response to the IRFA.

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

    39. 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.\7\ 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.\8\ 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 may additional criteria established by the Small Business 
Administration (SBA).\9\
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    \7\ See U.S.C. 603(b)(3).
    \8\ Id. 601(3).
    \9\ Id. 632.
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    40. The rules adopted in the Report and Order pertains to 
manufacturers of unlicensed communications devices. The appropriate 
small business size standard is that which the SBA has established for 
radio and television broadcasting and wireless communications equipment 
manufacturing. This category encompasses entities that primarily 
manufacture radio, television, and wireless communications 
equipment.\10\ Under this standard, firms are considered small if they 
have 750 or fewer employees.\11\ Census Bureau data for 1997 indicate 
that, for that year, there were a total of 1,215 establishments \12\ in 
this category.\13\ Of those, there were 1,150 that had employment under 
500, and an additional 37 that had employment of 500 to 999. The 
percentage of wireless equipment manufacturers in this category is 
approximately 61.35%,\14\ so the Commission estimates that the number 
of wireless equipment manufacturers with employment under 500 was 
actually closer to 706, with an additional 23 establishments having 
employment of between 500 and 999. Given the above, the Commission 
estimates that the great majority of wireless communications equipment 
manufacturers are small businesses.
---------------------------------------------------------------------------

    \10\ NAICS code 334220.
    \11\ Id.
    \12\ The number of ``establishments'' is a less helpful 
indicator of small business prevalence in this context than would be 
the number of ``firms'' or ``companies,'' because the latter take 
into account the concept of common ownership or control. Any single 
physical location for an entity is an establishment, even though 
that location may be owned by a different establishment. Thus, the 
numbers given may reflect inflated numbers of businesses in this 
category, including the numbers of small businesses. In this 
category, the Census breaks-out data for firms or companies only to 
give the total number of such entities for 1997, which was 1,089.
    \13\ U.S. Census Bureau, 1997 Economic Census, Industry Series: 
Manufacturing, ``Industry Statistics by Employment Size,'' Table 4, 
NAICS code 334220 (issued August 1999).
    \14\ Id. Table 5, ``Industry Statistics by Industry and Primary 
Product Class Specialization: 1997.''
---------------------------------------------------------------------------

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    41. Part 15 transmitters are already required to be authorized 
under the Commission's certification procedure as a prerequisite to 
marketing and importation. See 47 CFR 15.101, 15.201, 15.305, and 
15.405. The changes adopted in this proceeding would not change any of 
the current reporting or recordkeeping requirements. Further, the 
regulations add permissible measurement techniques and methods of 
operation. The rules would not require the modification of any existing 
products.

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

    42. 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: (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

[[Page 54033]]

performance, rather than design standards; and (4) an exemption from 
coverage of the rule, or any part thereof, for small entities.
    43. At this time, the Commission does not believe the rule changes 
contained in this Report and Order will have a significant economic 
impact on small entities. The Report and Order does not impose new 
device design standards. Instead, it relaxes the rules with respect to 
the types of devices which are allowed to operate pursuant to the 
Commission's regulations. There is no burden of compliance with the 
changes. Manufacturers may continue to produce devices which comply 
with the former rules and, if desired, design devices to comply with 
the new regulations. The rules will apply equally to large and small 
entities. Therefore, there is no inequitable impact on small entities. 
Finally, the Report and Order does not include a deadline for 
implementation. The Commission believes that the rules are relatively 
simple and do not require a transition period to implement. An entity 
desiring to take advantage of the relaxed regulations may do so at any 
time.
    44. The Commission finds that the rule changes contained in this 
Report and Order will not present a significant economic burden to 
small entities.

F. Congressional Review Act.

    45. The Commission will send a copy of the Report and Order, in a 
report to be sent to Congress and the General Accounting Office 
pursuant to the Congressional Review Act, See 5 U.S.C. 801(a)(1)(A).

Ordering Clauses

    46. Parts 2 and 15 of the Commission's rules ARE AMENDED as 
specified in Rule Changes, effective October 7, 2004, except for 
Sec. Sec.  2.913(c), 2.926(c), 2.929(c) and 2.929(d) which contains 
information collection requirements that are not effective until 
approved by the Office of Management and Budget. The FCC will publish a 
document in the Federal Register announcing the effective date for 
those sections. This action is taken pursuant to the authority 
contained in sections 4(i), 301, 302, 303(e), 303(f), and 303(r) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 301, 302, 
303(e), 303(f), and 303(r).
    47. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of the Report and 
Order, including the Final Regulatory Flexibility Analysis, to the 
Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Parts 2 and 15

    Communications equipment.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR parts 2 and 15 to read 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 2.913 is revised to read as follows:


Sec.  2.913  Submittal of equipment authorization application or 
information to the Commission.

    (a) All applications for equipment authorization must be filed 
electronically via the Internet. Information on the procedures for 
electronically filing equipment authorization applications can be 
obtained from the address in paragraph (c) of this section and from the 
Internet at https://gullfoss2.fcc.gov/prod/oet/cf/eas/index.cfm.
    (b) Unless otherwise directed, fees for applications for the 
equipment authorization, pursuant to Sec.  1.1103 of this chapter, must 
be submitted either electronically via the Internet at https://gullfoss2.fcc.gov/prod/oet/cf/eas/index.cfm or by following the 
procedures described in Sec.  0.401(b) of this chapter. The address for 
fees submitted by mail is: Federal Communications Commission, Equipment 
Approval Services, P.O. Box 358315, Pittsburgh, PA 15251-5315. If the 
applicant chooses to make use of an air courier/package delivery 
service, the following address must appear on the outside of the 
package/envelope: Federal Communications Commission, c/o Mellon Bank, 
Mellon Client, Service Center, 500 Ross Street--Room 670, Pittsburgh, 
PA 15262-0001.
    (c) Any equipment samples requested by the Commission pursuant to 
the provisions of subpart J of this part shall, unless otherwise 
directed, be submitted to the Federal Communications Commission 
Laboratory, 7435 Oakland Mills Road, Columbia, Maryland, 21046.

0
3. Section 2.926 is amended by revising introductory text to paragraph 
(c) to read as follows:


Sec.  2.926  FCC identifier.

* * * * *
    (c) A grantee code will have three characters consisting of Arabic 
numerals, capital letters, or combination thereof. A prospective 
grantee or his authorized representative may receive a grantee code 
electronically via the Internet at https://gullfoss2.fcc.gov/prod/oet/cf/eas/index.cfm. The code may be obtained at any time prior to 
submittal of the application for equipment authorization. However, the 
fee required by Sec.  1.1103 of this chapter must be submitted and 
validated within 30 days of the issuance of the grantee code, or the 
code will be removed from the Commission's records and a new grantee 
code will have to be obtained.
* * * * *

0
4. Section 2.929 is amended by revising paragraphs (c) and (d) to read 
as follows:


Sec.  2.929  Changes in name, address, ownership or control of grantee.

    (c) Whenever there is a change in the name and/or address of the 
grantee of an equipment authorization, notice of such change(s) shall 
be submitted to the Commission via the Internet at https://gullfoss2.fcc.gov/prod/oet/cf/eas/index.cfm within 30 days after the 
grantee starts using the new name and/or address.
    (d) In the case of transactions affecting the grantee, such as a 
transfer of control or sale to another company, mergers, or transfer of 
manufacturing rights, notice must be given to the Commission via the 
Internet at https://gullfoss2.fcc.gov/prod/oet/cf/eas/index.cfm within 
60 days after the consummation of the transaction. Depending on the 
circumstances in each case, the Commission may require new applications 
for equipment authorization. In reaching a decision the Commission will 
consider whether the acquiring party can adequately ensure and accept 
responsibility for continued compliance with the regulations. In 
general, new applications for each device will not be required. A 
single application for equipment authorization may be filed covering 
all the affected equipment.

0
5. Section 2.948 is amended by revising paragraphs (a)(2) and (d) to 
read as follows:


Sec.  2.948  Description of measurement facilities.

    (a) * * *
    (2) If the equipment is to be authorized by the Commission under 
the certification procedure, the party performing the measurements 
shall be accredited for performing such

[[Page 54034]]

measurements by an authorized accreditation body based on the 
International Organization for Standardization/International 
Electrotechnical Commission (ISO/IEC) Guide 25, ``General Requirements 
for the Competence of Calibration and Testing Laboratories.'' 
Accreditation bodies must be approved by the FCC's Office of 
Engineering and Technology, as indicated in Sec.  0.241 of this 
chapter, to perform such accreditation based on ISO/IEC 58, 
``Calibration and Testing Laboratory Accreditation Systems--General 
Requirements for Operation and Recognition.'' The frequency for 
revalidation of the test site and the information required to be filed 
or retained by the testing party shall comply with the requirements 
established by the accrediting organization. However, in all cases, 
test site revalidation shall occur on an interval not to exceed two 
years.
* * * * *
    (d) A laboratory that has been accredited with a scope covering the 
required measurements shall be deemed competent to test and submit test 
data for equipment subject to verification, Declaration of Conformity, 
and certification. Such a laboratory shall be accredited by an approved 
accreditation organization based on the International Organization for 
Standardization/International Electrotechnical Commission (ISO/IEC) 
Standard 17025, ``General Requirements for the Competence of 
Calibration and Testing Laboratories.'' The organization accrediting 
the laboratory must be approved by the Commission's Office of 
Engineering and Technology, as indicated in Sec.  0.241 of this 
chapter, to perform such accreditation based on ISO/IEC 58, 
``Calibration and Testing Laboratory Accreditation Systems--General 
Requirements for Operation and Recognition.'' The frequency for 
revalidation of the test site and the information that is required to 
be filed or retained by the testing party shall comply with the 
requirements established by the accrediting organization. However, in 
all cases, test site revalidation shall occur on an interval not to 
exceed two years.
* * * * *

0
6. Section 2.962 is amended by revising paragraphs (c)(3), (c)(4), (e) 
introductory text, (e)(1), (f)(1), (f)(3), and (g)(3), and by adding 
paragraph (c)(7), to read as follows:


Sec.  2.962  Requirements for a Telecommunications Certification Body.

* * * * *
    (c) * * *
    (3) The TCB shall have the technical expertise and capability to 
test the equipment it will certify and shall also be accredited in 
accordance with ISO/IEC Standard 17025 to demonstrate it is competent 
to perform such tests.
    (4) The TCB shall demonstrate an ability to recognize situations 
where interpretations of the regulations or test procedures may be 
necessary. The appropriate key certification and laboratory personnel 
shall demonstrate a knowledge of how to obtain current and correct 
technical regulation interpretations. The competence of the 
Telecommunication Certification Body shall be demonstrated by 
assessment. The general competence, efficiency, experience, familiarity 
with technical regulations and products included in those technical 
regulations, as well as compliance with applicable parts of the ISO/IEC 
Standard 17025 and Guide 65, shall be taken into consideration.
* * * * *
    (7) A TCB shall be reassessed for continued accreditation on 
intervals not exceeding two years.
* * * * *
    (e) Designation of a TCB. (1) The Commission will designate as a 
TCB any organization that meets the qualification criteria and is 
accredited by NIST or its recognized accreditor.
* * * * *
    (f) * * *
    (1) A TCB shall certify equipment in accordance with the 
Commission's rules and policies.
* * * * *
    (3) A TCB may establish and assess fees for processing 
certification applications and other tasks as required by the 
Commission.
* * * * *
    (g) * * *
    (3) If during post market surveillance of a certified product, a 
TCB determines that a product fails to comply with the applicable 
technical regulations, the Telecommunication Certification Body shall 
immediately notify the grantee and the Commission. A follow-up report 
shall also be provided within thirty days of the action taken by the 
grantee to correct the situation.
* * * * *

PART 15--RADIO FREQUENCY DEVICES

0
7. The authority citation for part 15 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544A.


Sec.  15.7  [Removed]

0
8. Section 15.7 is removed.
0
9. Section 15.31 is amended by revising paragraph (a)(3) to read as 
follows:


Sec.  15.31  Measurement standards.

    (a) * * *
* * * * *
    (3) Other intentional and unintentional radiators are to be 
measured for compliance using the following procedure excluding 
sections 4.1.5.2, 5.7, 9 and 14: ANSI C63.4-2003: ``Methods of 
Measurement of Radio-Noise Emissions from Low-Voltage Electrical and 
Electronic Equipment in the Range of 9 kHz to 40 GHz'' (incorporated by 
reference, see Sec.  15.38). This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51.
* * * * *

0
10. Section 15.38 is amended by revising paragraph (b)(6) to read as 
follows:


Sec.  15.38  Incorporation by reference.

* * * * *
    (b) * * *
    (6) ANSI C63.4-2003: ``Methods of Measurement of Radio-Noise 
Emissions from Low-Voltage Electrical and Electronic Equipment in the 
Range of 9 kHz to 40 GHz,'' 2003, IBR approved for Sec.  15.31, except 
for sections 4.1, 5.2, 5.7, 9 and 14.
* * * * *

0
11. Section 15.204 is revised to read as follows:


Sec.  15.204  External radio frequency power amplifiers and antenna 
modifications.

    (a) Except as otherwise described in paragraphs (b) and (d) of this 
section, no person shall use, manufacture, sell or lease, offer for 
sale or lease (including advertising for sale or lease), or import, 
ship, or distribute for the purpose of selling or leasing, any external 
radio frequency power amplifier or amplifier kit intended for use with 
a part 15 intentional radiator.
    (b) A transmission system consisting of an intentional radiator, an 
external radio frequency power amplifier, and an antenna, may be 
authorized, marketed and used under this part. Except as described 
otherwise in this section, when a transmission system is authorized as 
a system, it must always be marketed as a complete system and must 
always be used in the configuration in which it was authorized.
    (c) An intentional radiator may be operated only with the antenna 
with which it is authorized. If an antenna is marketed with the 
intentional radiator,

[[Page 54035]]

it shall be of a type which is authorized with the intentional 
radiator. An intentional radiator may be authorized with multiple 
antenna types.
    (1) The antenna type, as used in this paragraph, refers to antennas 
that have similar in-band and out-of-band radiation patterns.
    (2) Compliance testing shall be performed using the highest gain 
antenna for each type of antenna to be certified with the intentional 
radiator. During this testing, the intentional radiator shall be 
operated at its maximum available output power level.
    (3) Manufacturers shall supply a list of acceptable antenna types 
with the application for equipment authorization of the intentional 
radiator.
    (4) Any antenna that is of the same type and of equal or less 
directional gain as an antenna that is authorized with the intentional 
radiator may be marketed with, and used with, that intentional 
radiator. No retesting of this system configuration is required. The 
marketing or use of a system configuration that employs an antenna of a 
different type, or that operates at a higher gain, than the antenna 
authorized with the intentional radiator is not permitted unless the 
procedures specified in Sec.  2.1043 of this chapter are followed.
    (d) Except as described in this paragraph, an external radio 
frequency power amplifier or amplifier kit shall be marketed only with 
the system configuration with which it was approved and not as a 
separate product.
    (1) An external radio frequency power amplifier may be marketed for 
individual sale provided it is intended for use in conjunction with a 
transmitter that operates in the 902-928 MHz, 2400-2483.5 MHz, and 
5725-5850 MHz bands pursuant to Sec.  15.247 of this part or a 
transmitter that operates in the 5.725-5.825 GHz band pursuant to Sec.  
15.407 of this part. The amplifier must be of a design such that it can 
only be connected as part of a system in which it has been previously 
authorized. (The use of a non-standard connector or a form of 
electronic system identification is acceptable.) The output power of 
such an amplifier must not exceed the maximum permitted output power of 
its associated transmitter.
    (2) The outside packaging and user manual for external radio 
frequency power amplifiers sold in accordance with paragraph (d)(1) of 
this section must include notification that the amplifier can be used 
only in a system which it has obtained authorization. Such a notice 
must identify the authorized system by FCC Identifier.

0
12. Section 15.247 is amended by revising paragraphs (a), (b) 
introductory text, (b)(1), (b)(3), (b)(4) introductory text, (c), (d), 
and by adding paragraph (e) to read as follows:


Sec.  15.247  Operation within the bands 902-928 MHz, 2400-2483.5 MHz, 
and 5725-5850 MHz.

    (a) Operation under the provisions of this Section is limited to 
frequency hopping and digitally modulated intentional radiators that 
comply with the following provisions:
    (1) Frequency hopping systems shall have hopping channel carrier 
frequencies separated by a minimum of 25 kHz or the 20 dB bandwidth of 
the hopping channel, whichever is greater. Alternatively, frequency 
hopping systems operating in the 2400-2483.5 MHz band may have hopping 
channel carrier frequencies that are separated by 25 kHz or two-thirds 
of the 20 dB bandwidth of the hopping channel, whichever is greater, 
provided the systems operate with an output power no greater than 125 
mW. The system shall hop to channel frequencies that are selected at 
the system hopping rate from a pseudo randomly ordered list of hopping 
frequencies. Each frequency must be used equally on the average by each 
transmitter. The system receivers shall have input bandwidths that 
match the hopping channel bandwidths of their corresponding 
transmitters and shall shift frequencies in synchronization with the 
transmitted signals.
    (i) For frequency hopping systems operating in the 902-928 MHz 
band: if the 20 dB bandwidth of the hopping channel is less than 250 
kHz, the system shall use at least 50 hopping frequencies and the 
average time of occupancy on any frequency shall not be greater than 
0.4 seconds within a 20 second period; if the 20 dB bandwidth of the 
hopping channel is 250 kHz or greater, the system shall use at least 25 
hopping frequencies and the average time of occupancy on any frequency 
shall not be greater than 0.4 seconds within a 10 second period. The 
maximum allowed 20 dB bandwidth of the hopping channel is 500 kHz.
    (ii) Frequency hopping systems operating in the 5725-5850 MHz band 
shall use at least 75 hopping frequencies. The maximum 20 dB bandwidth 
of the hopping channel is 1 MHz. The average time of occupancy on any 
frequency shall not be greater than 0.4 seconds within a 30 second 
period.
    (iii) Frequency hopping systems in the 2400-2483.5 MHz band shall 
use at least 15 channels. The average time of occupancy on any channel 
shall not be greater than 0.4 seconds within a period of 0.4 seconds 
multiplied by the number of hopping channels employed. Frequency 
hopping systems may avoid or suppress transmissions on a particular 
hopping frequency provided that a minimum of 15 channels are used.
    (2) Systems using digital modulation techniques may operate in the 
902-928 MHz, 2400-2483.5 MHz, and 5725-5850 MHz bands. The minimum 6 dB 
bandwidth shall be at least 500 kHz.
    (b) The maximum peak conducted output power of the intentional 
radiator shall not exceed the following:
    (1) For frequency hopping systems operating in the 2400-2483.5 MHz 
band employing at least 75 non-overlapping hopping channels, and all 
frequency hopping systems in the 5725-5850 MHz band: 1 watt. For all 
other frequency hopping systems in the 2400-2483.5 MHz band: 0.125 
watts.
* * * * *
    (3) For systems using digital modulation in the 902-928 MHz, 2400-
2483.5 MHz, and 5725-5850 MHz bands: 1 Watt. As an alternative to a 
peak power measurement, compliance with the one Watt limit can be based 
on a measurement of the maximum conducted output power. Maximum 
Conducted Output Power is defined as the total transmit power delivered 
to all antennas and antenna elements averaged across all symbols in the 
signaling alphabet when the transmitter is operating at its maximum 
power control level. Power must be summed across all antennas and 
antenna elements. The average must not include any time intervals 
during which the transmitter is off or is transmitting at a reduced 
power level. If multiple modes of operation are possible (e.g., 
alternative modulation methods), the maximum conducted output power is 
the highest total transmit power occurring in any mode.
    (4) The conducted output power limit specified in paragraph (b) of 
this section is based on the use of antennas with directional gains 
that do not exceed 6 dBi. Except as shown in paragraph (c) of this 
section, if transmitting antennas of directional gain greater than 6 
dBi are used, the conducted output power from the intentional radiator 
shall be reduced below the stated values in paragraphs (b)(1), (b)(2), 
and (b)(3) of this section, as appropriate, by the amount in dB that 
the directional gain of the antenna exceeds 6 dBi.
    (c) Operation with directional antenna gains greater than 6 dBi.
    (1) Fixed point-to-point operation:
    (i) Systems operating in the 2400-2483.5 MHz band that are used

[[Page 54036]]

exclusively for fixed, point-to-point operations may employ 
transmitting antennas with directional gain greater than 6 dBi provided 
the maximum conducted output power of the intentional radiator is 
reduced by 1 dB for every 3 dB that the directional gain of the antenna 
exceeds 6 dBi.
    (ii) Systems operating in the 5725-5850 MHz band that are used 
exclusively for fixed, point-to-point operations may employ 
transmitting antennas with directional gain greater than 6 dBi without 
any corresponding reduction in transmitter conducted output power.
    (iii) Fixed, point-to-point operation, as used in paragraphs 
(c)(1)(i) and (c)(1)(ii) of this section, excludes the use of point-to-
multipoint systems, omnidirectional applications, and multiple co-
located intentional radiators transmitting the same information. The 
operator of the spread spectrum or digitally modulated intentional 
radiator or, if the equipment is professionally installed, the 
installer is responsible for ensuring that the system is used 
exclusively for fixed, point-to-point operations. The instruction 
manual furnished with the intentional radiator shall contain language 
in the installation instructions informing the operator and the 
installer of this responsibility.
    (2) In addition to the provisions in paragraphs (b)(1), (b)(3), 
(b)(4) and (c)(1)(i) of this section, transmitters operating in the 
2400-2483.5 MHz band that emit multiple directional beams, 
simultaneously or sequentially, for the purpose of directing signals to 
individual receivers or to groups of receivers provided the emissions 
comply with the following:
    (i) Different information must be transmitted to each receiver.
    (ii) If the transmitter employs an antenna system that emits 
multiple directional beams but does not do emit multiple directional 
beams simultaneously, the total output power conducted to the array or 
arrays that comprise the device, i.e., the sum of the power supplied to 
all antennas, antenna elements, staves, etc. and summed across all 
carriers or frequency channels, shall not exceed the limit specified in 
paragraph (b)(1) or (b)(3) of this section, as applicable. However, the 
total conducted output power shall be reduced by 1 dB below the 
specified limits for each 3 dB that the directional gain of the 
antenna/antenna array exceeds 6 dBi. The directional antenna gain shall 
be computed as follows:
    (A) The directional gain shall be calculated as the sum of 10 log 
(number of array elements or staves) plus the directional gain of the 
element or stave having the highest gain.
    (B) A lower value for the directional gain than that calculated in 
paragraph (c)(2)(ii)(A) of this section will be accepted if sufficient 
evidence is presented, e.g., due to shading of the array or coherence 
loss in the beamforming.
    (iii) If a transmitter employs an antenna that operates 
simultaneously on multiple directional beams using the same or 
different frequency channels, the power supplied to each emission beam 
is subject to the power limit specified in paragraph (c)(2)(ii) of this 
section. If transmitted beams overlap, the power shall be reduced to 
ensure that their aggregate power does not exceed the limit specified 
in paragraph (c)(2)(ii) of this section. In addition, the aggregate 
power transmitted simultaneously on all beams shall not exceed the 
limit specified in paragraph (c)(2)(ii) of this section by more than 8 
dB.
    (iv) Transmitters that emit a single directional beam shall operate 
under the provisions of paragraph (c)(1) of this section.
    (d) In any 100 kHz bandwidth outside the frequency band in which 
the spread spectrum or digitally modulated intentional radiator is 
operating, the radio frequency power that is produced by the 
intentional radiator shall be at least 20 dB below that in the 100 kHz 
bandwidth within the band that contains the highest level of the 
desired power, based on either an RF conducted or a radiated 
measurement, provided the transmitter demonstrates compliance with the 
peak conducted power limits. If the transmitter complies with the 
conducted power limits based on the use of RMS averaging over a time 
interval, as permitted under paragraph (b)(3) of this section, the 
attenuation required under this paragraph shall be 30 dB instead of 20 
dB. Attenuation below the general limits specified in Sec.  15.209(a) 
is not required. In addition, radiated emissions which fall in the 
restricted bands, as defined in Sec.  15.205(a), must also comply with 
the radiated emission limits specified in Sec.  15.209(a) (see Sec.  
15.205(c)).
    (e) For digitally modulated systems, the power spectral density 
conducted from the intentional radiator to the antenna shall not be 
greater than 8 dBm in any 3 kHz band during any time interval of 
continuous transmission. This power spectral density shall be 
determined in accordance with the provisions of paragraph (b) of this 
section. The same method of determining the conducted output power 
shall be used to determine the power spectral density.
    (i) Systems operating under the provisions of this section shall be 
operated in a manner that ensures that the public is not exposed to 
radio frequency energy levels in excess of the Commission's guidelines. 
See Sec.  1.1307(b)(1) of this chapter.

0
14. Section 15.403 is amended by revising paragraph (n), removing 
paragraph (r), and redesignating paragraphs (s) and (t) as paragraphs 
(r) and (s) to read as follows:


Sec.  15.403  Definitions.

* * * * *
    (n) Maximum Conducted Output Power. The total transmit power 
delivered to all antennas and antenna elements averaged across all 
symbols in the signaling alphabet when the transmitter is operating at 
its maximum power control level. Power must be summed across all 
antennas and antenna elements. The average must not include any time 
intervals during which the transmitter is off or is transmitting at a 
reduced power level. If multiple modes of operation are possible (e.g., 
alternative modulation methods), the maximum conducted output power is 
the highest total transmit power occurring in any mode.
* * * * *

0
15. Section 15.407 is amended by revising paragraphs (a)(1) through 
(a)(6) and by removing and reserving paragraph (d) to read as follows:


Sec.  15.407  General technical requirements.

    (a) * * *
    (1) For the band 5.15-5.25 GHz, the maximum conducted output power 
over the frequency band of operation shall not exceed the lesser of 50 
mW or 4 dBm + 10 log B, where B is the 26-dB emission bandwidth in MHz. 
In addition, the peak power spectral density shall not exceed 4 dBm in 
any 1-MHz band. If transmitting antennas of directional gain greater 
than 6 dBi are used, both the maximum conducted output 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.
    (2) For the 5.25-5.35 GHz and 5.47-5.725 GHz bands, the maximum 
conducted output power over the frequency bands of operation shall not 
exceed the lesser of 250 mW or 11 dBm + 10 log 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

[[Page 54037]]

6 dBi are used, both the maximum conducted output 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.
    (3) For the band 5.725-5.825 GHz, the maximum conducted output 
power over the frequency band of operation shall not exceed the lesser 
of 1 W or 17 dBm + 10 log B, where B is the 26-dB emission bandwidth in 
MHz. In addition, the peak power spectral density shall not exceed 17 
dBm in any 1-MHz band. If transmitting antennas of directional gain 
greater than 6 dBi are used, both the maximum conducted output 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. However, 
fixed point-to-point U-NII devices operating in this band may employ 
transmitting antennas with directional gain up to 23 dBi without any 
corresponding reduction in the transmitter peak output power or peak 
power spectral density. For fixed, point-to-point U-NII transmitters 
that employ a directional antenna gain greater than 23 dBi, a 1 dB 
reduction in peak transmitter power and peak power spectral density for 
each 1 dB of antenna gain in excess of 23 dBi would be required. Fixed, 
point-to-point operations exclude the use of point-to-multipoint 
systems, omnidirectional applications, and multiple collocated 
transmitters transmitting the same information. The operator of the U-
NII device, or if the equipment is professionally installed, the 
installer, is responsible for ensuring that systems employing high gain 
directional antennas are used exclusively for fixed, point-to-point 
operations.

    Note to paragraph (a)(3): The Commission strongly recommends 
that parties employing U-NII devices to provide critical 
communications services should determine if there are any nearby 
Government radar systems that could affect their operation.

    (4) The maximum conducted output power must be measured over any 
interval of continuous transmission using instrumentation calibrated in 
terms of an rms-equivalent voltage. The measurement results shall be 
properly adjusted for any instrument limitations, such as detector 
response times, limited resolution bandwidth capability when compared 
to the emission bandwidth, sensitivity, etc., so as to obtain a true 
peak measurement conforming to the above definitions for the emission 
in question.
    (5) The peak power spectral density is measured as a conducted 
emission by direct connection of a calibrated test instrument to the 
equipment under test. If the device cannot be connected directly, 
alternative techniques acceptable to the Commission may be used. 
Measurements are made over a bandwidth of 1 MHz or the 26 dB emission 
bandwidth of the device, whichever is less. A resolution bandwidth less 
than the measurement bandwidth can be used, provided that the measured 
power is integrated to show total power over the measurement bandwidth. 
If the resolution bandwidth is approximately equal to the measurement 
bandwidth, and much less than the emission bandwidth of the equipment 
under test, the measured results shall be corrected to account for any 
difference between the resolution bandwidth of the test instrument and 
its actual noise bandwidth.
    (6) The ratio of the peak excursion of the modulation envelope 
(measured using a peak hold function) to the maximum conducted output 
power (measured as specified above) shall not exceed 13 dB across any 1 
MHz bandwidth or the emission bandwidth whichever is less.
* * * * *
[FR Doc. 04-19745 Filed 9-3-04; 8:45 am]
BILLING CODE 6712-01-P