[Federal Register Volume 69, Number 234 (Tuesday, December 7, 2004)]
[Rules and Regulations]
[Pages 70562-70563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26829]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 18

[ET Docket No. 98-42; FCC 04-263]


RF Lighting Devices

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document addresses a Joint Petition for Clarification 
(Joint Petition) filed by XM Radio Inc. and Sirius Satellite Radio Inc. 
(the Satellite Radio Licensees) requesting clarification of the 
Commission's Order in this proceeding. The Commission determined that 
there was no need to define out-of-band limits for radio frequency (RF) 
lights in the 2.45 GHz band. We dismissed the Joint Petition and reject 
the Satellite Radio Licensees' request to prohibit the operation of RF 
lights in the 2.45 GHz band. We further affirm our decision to 
terminate the proceeding without prejudice to its substantive merits.

FOR FURTHER INFORMATION CONTACT: Anh Wride, Office of Engineering and 
Technology, (202) 418-0577, e-mail: [email protected], TTY (202) 418-
2989.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
ET Docket No. 98-42, FCC 04-263, adopted November 5, 2004 and released 
November 9, 2004. The full text of this document is available on the 
Commission's Internet site at http://www.fcc.gov. It is also 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 full text of this document also may be purchased from the 
Commission's duplication contractor, Best Copy and Printing, Inc., 
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554; 
telephone (202) 863-2893; fax (202) 863-2898.

Summary of the Report and Order

    1. In the Order, the Commission determined that there was no need 
to define out-of-band limits for radio frequency (RF) lights in the 
2.45 GHz band. The Commission dismissed the Joint Petition and rejected 
the Satellite Radio Licensees' request to prohibit the operation of RF 
lights in the 2.45 GHz band. We further affirm our decision to 
terminate the proceeding without prejudice to its substantive merits.
    2. On April 1, 1998, the Commission adopted a Notice of Proposed 
Rule Making (NPRM), 63 FR 20362, April 24, 1998, in this proceeding. In 
the NPRM, the Commission proposed changes to part 18 to update the 
conducted emission limits for RF lighting devices operating in the 2.2-
2.8 MHz band. The Commission also proposed more stringent out-of-band 
radiated emission limits for consumer and non-consumer RF lights in the 
2400-2500 MHz (2.45 GHz) bands. In addition, because the existing 
regulations for RF lighting devices do not specifically include any 
radiated emission limits for RF lights operating at frequencies above 
1000 MHz, the Commission proposed radiated emission limits for such 
products that are identical to the limits already in place for digital 
devices.
    3. On June 9, 1999, the Commission adopted a First Report and 
Order, 64 FR 37417, July 12, 1999, in this proceeding that adopted less 
stringent conducted emission limits for RF lighting devices operating 
in the 2.51-3.0 MHz band, but deferred action on changes to the rules 
for RF lighting devices operating in the 2.45 GHz band to a future 
date. Subsequently, Fusion informed the Commission that it is no longer 
pursuing development of RF lights that operate in the 2.45 GHz band.
    4. On May 27, 2003, the Commission adopted an Order, 68 FR 37112, 
June 23, 2003, terminating this proceeding as it found that with the 
passage of time, the record of the proceeding had become outdated and, 
furthermore, that Fusion, the only party that expressed interest in 
producing RF lights in the 2.45 GHz band, had ceased operations in this 
area. In the Order, the Commission concluded that there did not appear 
to be a need for further Commission action in defining out-of-band 
limits for RF lights in the 2.45 GHz band at that time. The Commission 
therefore decided to terminate the proceeding without prejudice to its 
substantive merits and stated that should any party wish to pursue the 
issues in this proceeding in the future, the Commission would evaluate 
them in the context of a new proceeding.
    5. On July 23, 2003, the Satellite Radio Licensees submitted a 
Joint Petition for Clarification in this proceeding, in which they seek 
specific clarification that RF lighting devices will not be permitted 
to operate in the 2.45 GHz band and that ``before the Commission 
considers permitting any such operations, it will either establish 
another rulemaking, or provide ample notice to affected parties such as 
the Satellite Radio Licensees.''
    6. The Satellite Radio Licensees contend that in terminating the 
proceeding by the Order, the Commission has left satellite radio 
vulnerable to interference from RF lights that may seek to operate at 
the ISM miscellaneous out-of-band emission limit in the future. 
Finally, the Satellite Radio Licensees urge the Commission to clarify 
that RF lights are prohibited from operating in the 2.45 GHz band, 
unless and until the Commission concludes a new rulemaking in which a 
specific out-of-band limit is adopted for 2.45 GHz RF lights. To the 
extent that this relief is not given, the Satellite Radio Licensees 
request that the Commission provide potentially affected parties, 
including the Satellite Radio Licensees, an ample notice and 
opportunity to comment.
    7. We disagree with the Satellite Radio Licensees' argument that by 
terminating the proceeding by the Order, the Commission has left 
satellite radio vulnerable to interference from RF lights operating in 
the 2.45 GHz band. There is no reason to believe that future RF lights 
designed by Fusion or any other party would be produced using the same 
unsuccessful design, the same operating frequencies or exhibit the same 
characteristics as evaluated in the Satellite Radio Licensees' 
Supplemental Comments. Furthermore, Fusion no longer develops or 
manufactures RF lights in the 2.45 GHz band and we are not aware that 
any other party is developing RF lights that would operate in this 
band.
    8. We note that RF lights are already covered under our existing 
Part 18 rules and compliant equipment can be authorized according to 
our equipment authorization procedures. Although traditional low-
frequency RF lights are treated as a distinct class in Part 18,

[[Page 70563]]

microwave RF lights are subject to existing out-of-band radiated 
emission limits applicable to microwave ovens and other miscellaneous 
ISM equipment operating in the 2400-2500 MHz band. Moreover, we 
emphasize that RF lights, like all part 18 equipment, must operate 
under the non-interference restriction of Sec.  18.111(b) of our rules. 
Under the rules, the operator of such equipment must promptly take all 
necessary steps to eliminate harmful interference to any authorized 
radio service, even if the equipment otherwise complies with the rules. 
Hence we find that there is adequate recourse against potentially 
harmful interference to satellite radio receivers under the provisions 
of this section.
    9. We therefore decline to provide the requested relief from the 
Satellite Radio Licensees to prohibit operation of all RF lights in the 
2.45 GHz band, as we find that the requested prohibition is overarching 
and is not warranted based on the circumstances. If there is evidence 
that any entity will seek to operate RF lights in the 2.45 GHz band and 
cause harmful interference to satellite radio receivers as a 
consequence, and our existing limits prove inadequate, we will at that 
time take appropriate action.
    10. Based on the foregoing, we affirm our decision to terminate the 
proceeding without prejudice to its substantive merits, and hereby 
dismiss the Joint Petition for Clarification from the Satellite Radio 
Licensees.

Ordering Clause

    11. Pursuant to the authority contained in Sections 4(i), 301, 302, 
303(e), 303(f), 303(g) and 303(r) of the Communications Act of 1934, as 
amended, 47 U.S.C. Sections 154(i), 301, 302, 303(e), 303(f), 303(g) 
and 303(r), the above mentioned proceeding Is terminated without 
prejudice to its substantive merits, and the Joint Petition for 
Clarification filed by the Satellite Radio Licensees Is dismissed.

Congressional Review Act

    12. The Commission will not send a copy of this Order pursuant to 
the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because we are 
not adopting any rules at this time. We are affirming our decision to 
terminate the proceeding without prejudice to its substantive merits, 
and hereby dismiss the Joint Petition for Clarification from the 
Satellite Radio Licensees.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 04-26829 Filed 12-6-04; 8:45 am]
BILLING CODE 6712-01-P