[Federal Register Volume 71, Number 173 (Thursday, September 7, 2006)]
[Rules and Regulations]
[Pages 52747-52750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14795]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 90 and 95

[WT Docket 01-90; ET Docket 98-95; RM-9096; FCC 06-110]


Amendment of the Commission's Rules Regarding Dedicated Short-
Range Communications Services in the 5.850-5.925 GHz (5.9 GHz Band)

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document the Commission takes certain actions in 
response to four petitions for reconsideration filed by 3M Company, 
ARINC Incorporated, Intelligent Transportation Society of America and 
John Hopkins University of Applied Physics Laboratory. Each petitioner 
seeks reconsideration of the Commission's Report and Order, which 
adopted licensing and service rules for the Dedicated Short Range 
Communications (DSRC) Service in the Intelligent Transportation Systems 
(ITS) Radio Service, located in the 5.850-5.925 GHz band (5.9 GHz band) 
licensing and service rules for the Dedicated Short Range 
Communications (DSRC) Service in the Intelligent Transportation Systems 
(ITS) Radio Service located in the 5.850-5.925 GHz band (5.9 GHz band).

DATES: Effective November 6, 2006.

FOR FURTHER INFORMATION CONTACT: Technical Information: Tim Maguire, 
[email protected], Public Safety and Critical Infrastructure 
Division, Wireless Telecommunications Bureau, (202) 418-0680, or TTY 
(202) 418-7233. Legal Information: Jeannie Benfaida,

[[Page 52748]]

[email protected], Public Safety and Critical Infrastructure 
Division, Wireless Telecommunications Bureau (202) 418-0680, or TTY 
(202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Memorandum Opinion and Order, FCC 06-110, 
adopted July 20, 2006 and released on July 26, 2006. The full text of 
this document is available for inspection and copying during normal 
business hours in the FCC Reference Center, 445 12th Street, SW., 
Washington, DC 20554. The complete text may be purchased from the 
Commission's copy 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. Alternative formats are available 
to persons with disabilities by contacting Brian Millin at (202) 418-
7426 or TTY (202) 418-7365 or at [email protected].
    1. In the Memorandum Opinion and Order, the Commission takes the 
following actions:
     Designates Channel 172 (frequencies 5.855-5.865 GHz) 
exclusively for vehicle-to-vehicle safety communications for accident 
avoidance and mitigation, and safety of life and property applications; 
and designate Channel 184 (frequencies 5.915-5.925 GHz) exclusively for 
high-power, longer-distance communications to be used for public safety 
applications involving safety of life and property, including road 
intersection collision mitigation.
     Requires licensees to file a notice of construction with 
the Commission for each site registered and to clarify that site 
priority attaches to prior registered sites that have been fully 
constructed within the requisite twelve-month construction period.
     Amends the power reduction rule to only apply to DSRC 
Roadside Unit antenna height only between eight and fifteen meters, 
thereby providing increased flexibility and reduced implementation 
costs.
     Declines to adopt rules that would implement a software-
based prior frequency coordination protocol that directs or recommends 
that licensees use particular service channels, or that would establish 
a third party database manager to coordinate and maintain site 
registrations.
     Declines to amend the current emission mask applicable to 
DSRC Class D devices, pending further developments and recommendations 
from the ASTM E17.51 DSRC Standards Writing Group.
     Declines to adopt rules governing frequency coordination 
between DSRC licensees and Fixed Satellite Service (FSS) licensees, 
pending results of studies of interference methodology and ongoing 
industry discussions.
     Declines to adopt a rule establishing a separate class of 
On-Board Units to be used exclusively by public safety eligibles, i.e., 
``public safety OBUs.''
     Declines to require dual-band DSRC devices to be uniquely 
identified in order to be used to provide DSRC services in the 5.9 GHz 
band.

I. Procedural Matters

A. Paperwork Reduction Act

    2. The order does not contain any new or modified information 
collection.

B. Report to Congress

    3. The Commission will send a copy of this Memorandum Opinion 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).

C. Supplemental Final Regulatory Flexibility Analysis

    4. As required by the Regulatory Flexibility Act (RFA), a 
Supplemental Final Regulatory Flexibility Analysis (FRFA) was 
incorporated in the DSRC Report and Order. In view of the fact that we 
have adopted further rule amendments in this Memorandum Opinion and 
Order, we have included this Supplemental Final Regulatory Flexibility 
Certification. This Certification conforms to the RFA.
    5. The RFA requires that regulatory flexibility analysis be 
prepared for rulemaking proceedings unless the agency certifies that 
``the rule will not, if promulgated, have a significant economic impact 
on a substantial number of small entities.'' The RFA generally defines 
``small entity'' as having the same meaning as the term ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A small business concern is one which: (1) Is independently owned 
and operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the Small Business 
Administration (SBA).
    6. This Memorandum Opinion and Order amends our rules to require 
licensees to file a notice of construction to the Commission for each 
site registered and clarify that site priority attaches to prior 
registered sites that have fully constructed within the twelve month 
construction period; amends the antenna height correction factor 
adopted for DSRC to increase flexibility and reduce implementation 
costs to public safety, and designates Channel 172 (5.855-5.865 GHz) 
for vehicle-to-vehicle safety communications for accident avoidance and 
mitigation, and Channel 184 (5.915-5.925 GHz) for high-power, longer-
distance communications for public safety applications and road 
intersection vehicular collision mitigation. These rule changes are not 
expected to affect the cost of DSRC equipment or implementation. 
Therefore, we certify that the requirements of this Memorandum Opinion 
and Order will not have a significant economic impact on a substantial 
number of small entities.
    7. The Commission will send a copy of the Memorandum Opinion and 
Order, including a copy of this final certification, in a report to 
Congress pursuant to the Congressional Review Act, see U.S.C. 
801(a)(1)(A). In addition, the Memorandum Opinion and Order and this 
certification will be sent to the Chief Counsel for Advocacy of the 
Small Business Administration. A copy of this Memorandum Opinion and 
Order and (or summaries thereof) will also be published in the Federal 
Register.

II. Ordering Clauses

    8. Pursuant to sections 1, 4(i), 302, 303(f) and (r), and 332 of 
the Communications Act of 1934, as amended, 47 U.S.C. 1, 154(i), 302, 
303(f) and (r), and 332, this Memorandum Opinion and Order is adopted.
    9. It is further ordered that, the amendments of the Commission's 
rules as set forth in rule changes are adopted November 6, 2006.
    10. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Memorandum Opinion and Order, including the Supplemental 
Final Flexibility Certification, to the Chief Counsel for Advocacy of 
the U.S. Small Business Administration.

List of Subjects in 47 CFR Parts 1, 90, and 95

    Communications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications

[[Page 52749]]

Commission amends 47 CFR parts 1, 90 and 95 to read as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 225, 303(r), and 309.

0
2. Section 1.946 is amended by revising paragraph (d) to read as 
follows:


Sec.  1.946  Construction and coverage requirements.

* * * * *
    (d) Licensee notification of compliance. A licensee who commences 
service or operations within the construction period or meets its 
coverage or substantial services obligations within the coverage period 
must notify the Commission by filing FCC Form 601. The notification 
must be filed within 15 days of the expiration of the applicable 
construction or coverage period. Where the authorization is site-
specific, if service or operations have begun using some, but not all, 
of the authorized transmitters, the notification must show to which 
specific transmitters it applies.
* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
3. The authority citation for part 90 continues to read as follows:

    Authority: Sections 4(i), 11, 303(g), 303(r) and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), 332(c)(7).


0
4. Section 90.155 is amended by revising paragraph (i) to read as 
follows:


Sec.  90.155  Time in which station must be placed in operation.

* * * * *
    (i) DSRCS Roadside Units (RSUs) in the 5850-5925 MHz band must be 
placed in operation within 12 months from the date of registration (see 
Sec.  90.375) or the authority to operate the RSUs cancels 
automatically (see Sec.  1.955 of this chapter). Such registration 
date(s) do not change the overall renewal period of the single license. 
Licensees must notify the Commission in accordance with Sec.  1.946 of 
this chapter when registered units are placed in operation within their 
construction period.

0
5. Section 90.377 is revised to read as follows:


Sec.  90.377  Frequencies available; maximum EIRP and antenna height, 
and priority communications.

    (a) Licensees shall transmit only the power (EIRP) needed to 
communicate with an OBU within the communications zone and must take 
steps to limit the Roadside Unit (RSU) signal within the zone to the 
maximum extent practicable.
    (b) Frequencies available for assignment to eligible applicants 
within the 5850-5925 MHz band for RSUs and the maximum EIRP permitted 
for an RSU with an antenna height not exceeding 8 meters above the 
roadway bed surface are specified in the table below. Where two EIRP 
limits are given, the higher limit is permitted only for state or local 
governmental entities.

----------------------------------------------------------------------------------------------------------------
                                       Frequency range     Max. EIRP \1\
             Channel No.                    (MHz)              (dBm)                     Channel use
----------------------------------------------------------------------------------------------------------------
170.................................          5850-5855  .................  Reserved.
172.................................          5855-5865                 33  Service Channel.\2\
174.................................          5865-5875                 33  Service Channel.
175.................................          5865-5885                 23  Service Channel.\3\
176.................................          5875-5885                 33  Service Channel.
178.................................          5885-5895            33/44.8  Control Channel.
180.................................          5895-5905                 23  Service Channel.
181.................................          5895-5915                 23  Service Channel.\3\
182.................................          5905-5915                 23  Service Channel.
184.................................          5915-5925              33/40  Service Channel.\4\
----------------------------------------------------------------------------------------------------------------
\1\ An RSU may employ an antenna with a height exceeding 8 meters but not exceeding 15 meters provided the EIRP
  specified in the table above is reduced by a factor of 20 log(Ht/8) in dB where Ht is the height of the
  radiation center of the antenna in meters above the roadway bed surface. The EIRP is measured as the maximum
  EIRP toward the horizon or horizontal, whichever is greater, of the gain associated with the main or center of
  the transmission beam. The RSU antenna height shall not exceed 15 meters above the roadway bed surface.
\2\ Channel 172 is designated for public safety applications involving safety of life and property.
\3\ Channel Nos. 174/176 may be combined to create a twenty megahertz channel, designated Channel No. 175.
  Channels 180/182 may be combined to create a twenty-megahertz channel, designated Channel No. 181.
\4\ Channel 184 is designated for public safety applications involving safety of life and property. Only those
  entities meeting the requirements of Sec.   90.373(a) are eligible to hold an authorization to operate on this
  channel.

    (c) Except as provided in paragraphs (d) and (e) of this section, 
non-reserve DSRCS channels are available on a shared basis only for use 
in accordance with the Commission's rules. All licensees shall 
cooperate in the selection and use of channels in order to reduce 
interference. This includes monitoring for communications in progress 
and any other measures as may be necessary to minimize interference. 
Licensees of RSUs suffering or causing harmful interference within a 
communications zone are expected to cooperate and resolve this problem 
by mutually satisfactory arrangements. If the licensees are unable to 
do so, the Commission may impose restrictions including specifying the 
transmitter power, antenna height and direction, additional filtering, 
or area or hours of operation of the stations concerned. Further the 
use of any channel at a given geographical location may be denied when, 
in the judgment of the Commission, its use at that location is not in 
the public interest; use of any such channel may be restricted as to 
specified geographical areas, maximum power, or such other operating 
conditions, contained in this part or in the station authorization.
    (d) Safety/public safety priority. The following access priority 
governs all DSRCS operations:
    (1) Communications involving the safety of life have access 
priority over all other DSRCS communications;
    (2) Subject to a control channel priority system management 
strategy (see ASTM E2213-03 DSRC Standard at Sec.  4.1.1.2(4)), DSRCS 
communications involving public safety have access priority over all 
other DSRC communications not listed in paragraph (d)(1) of this 
section. Roadside Units (RSUs) operated by state or local governmental 
entities are presumptively

[[Page 52750]]

engaged in public safety priority communications.
    (e) Non-priority communications. DSRCS communications not listed in 
paragraph (d) of this section, are non-priority communications. If a 
dispute arises concerning non-priority communications, the licensee of 
the later-registered RSU must accommodate the operation of the early 
registered RSU, i.e., interference protection rights are date-
sensitive, based on the date that the RSU is first registered (see 
Sec.  90.375) and the later-registered RSU must modify its operations 
to resolve the dispute in accordance with paragraph (f) of this 
section.
    (f) Except as otherwise provided in the ASTM-DSRC Standard (see 
Sec.  90.379) for the purposes of paragraph (e) of this section, 
objectionable interference will be considered to exist when the 
Commission receives a complaint and the difference in signal strength 
between the earlier-registered RSU and the later-registered RSU 
(anywhere within the earlier-registered RSU's communication zone) is 18 
dB or less (co-channel). Later-registered RSUs causing objectionable 
interference must correct the interference immediately unless written 
consent is obtained from the licensee of the earlier-registered RSU.

PART 95--PERSONAL RADIO SERVICES

0
6. The authority citation for part 95 continues to read as follows:

    Authority: Sections 4, 303, 48 Stat. 1066, 1082, as amended; 47 
U.S.C. 154, 303.

0
7. Section 95.1511 is revised to read as follows:


Sec.  95.1511  Frequencies available.

    (a) The following table indicates the channel designations of 
frequencies available for assignment to eligible applicants within the 
5850-5925 MHz band for On-Board Units (OBUs): \1\

------------------------------------------------------------------------
                                                        Frequency range
           Channel No.                Channel use            (MHz)
------------------------------------------------------------------------
170.............................  Reserved...........          5850-5855
172.............................  Service Channel \2\          5855-5865
174.............................  Service Channel....          5865-5875
175.............................  Service Channel \3\          5865-5885
176.............................  Service Channel....          5875-5885
178.............................  Control Channel....          5885-5895
180.............................  Service Channel....          5895-5905
181.............................  Service Channel \3\          5895-5915
182.............................  Service Channel....          5905-5915
184.............................  Service Channel \4\          5915-5925
------------------------------------------------------------------------
\1\ The maximum output power for portable DSRCS-OBUs is 1.0 mW. See Sec.
    95.639(i).
\2\ Channel 172 is designated for public safety applications involving
  safety of life and property.
\3\ Channel Nos. 174/176 may be combined to create a twenty megahertz
  channel, designated Channel No. 175. Channels 180/182 may be combined
  to create a twenty-megahertz channel, designated Channel No. 181.
\4\ Channel 184 is designated for public safety applications involving
  safety of life and property.

    (b) Except as provided in paragraph (c) of this section, non-
reserve DSRCS channels are available on a shared basis only for use in 
accordance with the Commission's rules. All licensees shall cooperate 
in the selection and use of channels in order to reduce interference. 
This includes monitoring for communications in progress and any other 
measures as may be necessary to minimize interference. Licensees 
suffering or causing harmful interference within a communications zone 
are expected to cooperate and resolve this problem by mutually 
satisfactory arrangements. If the licensees are unable to do so, the 
Commission may impose restrictions, including specifying the 
transmitter power, antenna height and direction, additional filtering, 
or area or hours of operation of the stations concerned. Further, the 
use of any channel at a given geographical location may be denied when, 
in the judgment of the Commission, its use at that location is not in 
the public interest; the use of any channel may be restricted as to 
specified geographical areas, maximum power, or such other operating 
conditions, contained in this part or in the station authorization.
    (c) Safety/public safety priority. The following access priority 
governs all DSRCS operations:
    (1) Communications involving the safety of life have access 
priority over all other DSRCS communications;
    (2) Subject to a control channel priority system management 
strategy (see ASTM E2213-03 DSRC Standard at Sec.  4.1.1.2(4)), DSRCS 
communications involving public safety have access priority over all 
other DSRC communications not listed in paragraph (c)(1) of this 
section. On-Board Units (OBUs) operated by state or local governmental 
entities are presumptively engaged in public safety priority 
communications.
    (d) Non-priority communications. DSRCS communications not listed in 
paragraph (c) of this section, are non-priority communications. If a 
dispute arises concerning non-priority DSRCS-OBU communications with 
Roadside Units (RSUs), the provisions of Sec.  90.377(e) and (f) of 
this chapter will apply. Disputes concerning non-priority DSRCS-OBU 
communications not associated with RSUs are governed by paragraph (b) 
of this section.

 [FR Doc. E6-14795 Filed 9-6-06; 8:45 am]
BILLING CODE 6712-01-P