[Federal Register Volume 72, Number 138 (Thursday, July 19, 2007)]
[Proposed Rules]
[Pages 39588-39593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13832]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket No. 07-113; FCC 07-104]


Operation in the 57-64 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document proposes to amend the requirements of the 
Commission's rules applicable to transmitters operating on an 
unlicensed basis in the 57-64 GHz frequency range (``the 60 GHz 
band''). The proposed changes would allow longer communication ranges 
for unlicensed point-to-point 60 GHz broadband digital

[[Page 39589]]

systems and thereby extend the ability of such systems to supply very 
high speed broadband service to office buildings and other commercial 
facilities. The Commission believes these proposals would encourage 
broader deployment of point-to-point digital systems in this band 
without increasing the potential for harmful interference, and thereby 
further the Commission's objective of promoting the availability of 
broadband connectivity to all Americans.

DATES: Comments must be filed on or before October 17, 2007, and reply 
comments must be filed on or before November 16, 2007.

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

ADDRESSES: You may submit comments, identified by ET Docket No. 07-113, 
RM-11104, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     E-mail: [Optional: Include the e-mail address only if you 
plan to accept comments from the general public]. Include the docket 
number(s) in the subject line of the message.
     Mail: [Optional: Include the mailing address for paper, 
disk or CD-ROM submissions needed/requested by your Bureau or Office. 
Do not include the Office of the Secretary's mailing address here.]
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making, ET Docket No. 07-113, FCC 07-104, adopted May 
25, 2007, and released June 1, 2007. The full text of this document is 
available for inspection and copying during normal 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 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.
    Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 
CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using: (1) The Commission's Electronic 
Comment Filing System (ECFS), (2) the Federal Government's eRulemaking 
Portal, or (3) by filing paper copies. See Electronic Filing of 
Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ 
or the Federal eRulemaking Portal: http://www.regulations.gov. Filers 
should follow the instructions provided on the Web site for submitting 
comments.
     For ECFS filers, if multiple docket or rulemaking numbers 
appear in the caption of this proceeding, filers must transmit one 
electronic copy of the comments for each docket or rulemaking number 
referenced in the caption. In completing the transmittal screen, filers 
should include their full name, U.S. Postal Service mailing address, 
and the applicable docket or rulemaking number. Parties may also submit 
an electronic comment by Internet e-mail. To get filing instructions, 
filers should send an e-mail to [email protected], and include the following 
words in the body of the message, ``get form.'' A sample form and 
directions will be sent in response.
     Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. If more than one 
docket or rulemaking number appears in the caption of this proceeding, 
filers must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
     The Commission's contractor will receive hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail should be addressed to 445 12th Street, SW., Washington, DC 20554.
    People with Disabilities: 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 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

Summary of Notice of Proposed Rulemaking

    1. The Notice of Proposed Rule Making (``NPRM''), proposes to amend 
the requirements in part 15 of the Commission's rules applicable to 
transmitters operating on an unlicensed basis in the 57-64 GHz 
frequency range (``the 60 GHz band''). The Commission granted the 
Petition for Rule Making submitted by the Wireless Communications 
Association (WCA) and proposes to increase the fundamental radiated 
emission limit for unlicensed 60 GHz transmitters with very high gain 
antennas, specify the emission limit as an equivalent isotropically 
radiated power (``EIRP'') level, and eliminate the requirement for a 
transmitter identification for 60 GHz transmitters. The Commission also 
proposes to increase the current part 15 average power EIRP level from 
40 dBm to a new level of 82 dBm minus 2 dB for every dB that antenna 
gain is below 51 dBi. The Commission also proposes to increase the 
current part 15 peak power EIRP level from 43 dBm to a new level of 85 
dBm minus 2 dB for every dB that the antenna gain is below 51 dBi. 
These increases would be limited to 60 GHz transmitters located 
outdoors or those located indoors with emissions directed outdoors, 
e.g. through a window. The proposed changes would allow longer 
communication ranges for unlicensed point-to-point 60 GHz broadband 
digital systems and thereby extend the ability of such systems to 
supply very high speed broadband service to office buildings and other 
commercial facilities. The Commission believes these proposals would 
encourage broader deployment of point-to-point digital systems in this 
band without increasing the potential for harmful interference, and 
thereby

[[Page 39590]]

further the Commission's objective of promoting the availability of 
broadband connectivity to all Americans.
    2. The Wireless Communications Association International, Inc. 
filed a Petition for Rulemaking requesting that the Commission amend 
its rules for 60 GHz devices to implement certain changes related to 
operation with very high gain antennas. WCA requests that the average 
emission limit for point-to-point systems employing very high gain 
antennas be specified in EIRP and that the limits be increased to 82 
dBm less 2 dB for every dB that the systems' antenna gain is below 51 
dBi. It submits that the proposed higher EIRP levels for 60 GHz 
equipment with an antenna exceeding a specific amount of gain would 
foster the development of products with longer operating range that 
could offer high speed communications to compete with, complement, or 
extend the broadband services provided on existing media. It states 
that under the existing rules, outdoor link distances are effectively 
limited to 700 meters in most cities. WCA states that operation at the 
higher EIRP level it requests would enable an increase in operating 
range, on the order of 1.5 kilometers, that would permit the delivery 
of multi-gigabit broadband services to an ``exponentially larger number 
of office buildings and other commercial properties.'' It further 
submits that specification of the power limit in EIRP units would 
remove confusion in measurements involving very high gain antennas. WCA 
states that 60 GHz devices could comply with either the EIRP 
specification or the existing power density standards. In addition, WCA 
requests that the Commission eliminate the transmitter identification 
requirement for ``window links,'' i.e., for transmitters that are 
located indoors but direct their emissions through a window to the 
outside, which would reduce installation costs for 60 GHz products.
    3. The Commission proposes to allow operation at higher power 
levels by 60 GHz unlicensed equipment with an antenna exceeding a 
specific gain. The Commission believes that this has the potential to 
foster the development of a variety of products with longer operating 
ranges than are achieved under the current rules and promote the 60 GHz 
band's potential as a vehicle for broadband transmission links in 
addition to services offered by incumbent providers. This would promote 
the development of very high speed wireless products for environments 
where obstacles such as highways, parking lots, etc., prevent extension 
of fiber or wireline connections, or as a means to serve as broadband 
link or backhaul for an entire building or campus, where adding new 
cables could result in major construction costs. The Commission also 
proposes to adopt for 60 GHz equipment a radiated emission limit 
specified in EIRP for 60 GHz equipment using very high gain antennas 
that would facilitate emission measurements. The Commission further 
proposes to allow emission measurements in EIRP as an alternative for 
all other 60 GHz devices. Finally, the Commission proposes to eliminate 
the transmitter identification requirement for indoor 60 GHz 
transmitters whose emissions are directed outdoors, and it seeks 
comment on eliminating the transmitter identification requirement for 
all indoor 60 GHz transmitters. The Commission believes that these 
proposals would promote greater utility for the 60 GHz band without 
increasing the interference risk to existing services in the band and 
would encourage a more flexible development of broadband data products. 
The Commission also notes that 60 GHz consumer applications are now 
being developed and our proposals herein would help bring valuable new 
services to consumers, and advance economic opportunities for the 
American public, consistent with the Commission's objectives.
    4. The Commission proposes to increase the average emission limit 
for point-to-point systems employing very high gain antennas and for 
the reasons discussed in the following section, to specify this higher 
limit in EIRP units. Specifically, it proposes to increase the average 
EIRP power limit for systems employing very high gain antennas to 82 
dBm less 2 dB for every dB that the systems' antenna gain is below 51 
dBi. The Commission further proposes that this increase in the emission 
level be limited to 60 GHz transmitters located outdoors or those 
located indoors with emissions directed outdoors, e.g., through a 
window. This proposal would allow eligible devices to operate with as 
much as a 42 dB increase in their emission level. As WCA states, with 
higher power 60 GHz devices will be able to increase link distances to 
provide very high speed wireless service to a greater number of 
locations than is currently possible. The Commission believes that 
allowing higher power operations by systems with very high gain 
antennas would foster the development of high speed communication 
products with longer operating range and lower costs, and thereby 
promote the availability of broadband services.
    5. The Commission believes that several factors will offset any 
increase in the interference potential between equipment with very high 
gain antennas and other devices in the 60 GHz band. First, the very 
high gain antennas used would be highly directional, reducing the 
probability that a low power, omnidirectional system would be located 
within its beamwidth. Second, it is likely that low power devices 
primarily will operate indoors because of their shorter range, whereas, 
very high gain, directional systems, which have a longer emission 
range, primarily will be located outdoors or will have their signals 
directed outdoors. Thus, the emissions from directional systems, as 
seen by lower power indoors devices, will be attenuated significantly 
from intervening objects, such as building walls. Third, oxygen and 
water vapor absorption and scattering should further reduce ranges at 
which the radiated emission levels from 60 GHz equipment with very high 
gain antennas could cause interference. To reduce the interference risk 
between very high gain and other of 60 GHz devices, the Commission 
proposes to require that equipment with very high gain antennas 
operating under the proposed high power limit only operate outdoors or 
direct their emissions outdoors, e.g., through a window. Thus, it 
believes that the risk of interference from higher power, directional 
60 GHz transmission systems to lower power, omnidirectional systems 
will be minimal. While the Commission anticipates that consumer 
applications for wireless interconnections in the 60 GHz band are 
forthcoming, the 60 GHz devices that are now being marketed are 
intended for enterprise and commercial use; therefore, there is no 
immediate risk of interference to 60 GHz unlicensed consumer devices.
    6. The Commission believes that a limit on the peak radiated 
emission level should continue to apply to 60 GHz emissions. Under the 
current standards, the peak power density may not exceed 18 [mu]W/cm\2\ 
at 3 meters (43 dBm EIRP). This is 3 dB higher than the average power 
density limit. It believes that a similar 3 dB relationship between the 
maximum peak and average emission limits should apply to all 60 GHz 
systems, whether they comply with a limit based on power density or on 
EIRP. The Commission proposes to apply a peak limit of 85 dBm minus 2 
dB for every dB that the antenna gain is less than 51 dBi to 60 GHz 
systems operating under the higher proposed average power limit. The 
Commission

[[Page 39591]]

also proposes to retain the existing limits on spurious emissions and 
peak transmitter output power.
    7. Comments are requested on the various aspects of this proposal 
to modify the emission limit for 60 GHz equipment with very high gain 
antennas. The Commission requests comments accompanied by analysis on 
any interference concerns along with methods that may be suitable for 
mitigating such concerns. It also requests comments on the feasibility 
of using extremely high antenna gains, e.g., greater than 51 dBi.
    8. Because the far field of a 60 GHz device with a very high gain 
antenna begins at a distance much farther than the 3 meters measurement 
distance specified in the rules, the Commission believes it is 
appropriate to specify the emission limits for those devices only in 
EIRP. However, in the case of devices with lower gain antennas, the far 
field distance is generally closer to the 3 meters measurement 
distance. The Commission also recognizes that some parties may still 
wish to demonstrate compliance of devices with lower gain antennas 
under the existing power density limits and measurement procedures. The 
Commission proposes to maintain the existing power density limits for 
devices other than very high gain systems as an alternative to the EIRP 
limits. It seeks comments on this proposal and on the amount of antenna 
gain above which use of the EIRP limits would be mandatory. Comments 
are requested on the various aspects of this proposal to express the 
emission limits as EIRPs as alternatives to the existing power density 
standards. Comments are also requested on whether the Commission should 
continue to specify measurements using the existing power density 
limits as an alternative to measurements using the proposed EIRP limits 
or if it should delete the power density limits in favor of EIRP 
limits.
    9. Antenna Substitution. Section 15.204(c)(4) of the rules allows 
intentional radiators to be marketed and used with any antenna that is 
of the same type and of equal or less directional gain as the antenna 
authorized with the equipment. The Commission notes that the comments 
contained considerable discussion regarding the Commission's emission 
limits for the 60 GHz band and their relationship to the RF exposure 
guidelines at the time the emission limits were adopted. The Commission 
is concerned here that the emission levels it proposes in this 
proceeding continue to remain below the current RF exposure guidelines. 
Intentional radiators must be designed to ensure that the public is not 
exposed to RF energy in excess of the Commission's guidelines. In some 
cases, this could require that transmitters operate at a lower emission 
level than the maximum limit specified in the rules. The Commission 
notes that the near field and antenna surface RF exposure levels may 
increase as the size of the antenna decreases. Thus, the use of a lower 
gain antenna could result in a transmission system that is more likely 
to exceed the RF exposure guidelines. In addition, the proposed rule 
changes would require that the maximum EIRP decrease as the antenna 
gain is reduced below 51 dBi. Because of these considerations, the 
Commission believes that 60 GHz systems operating under the higher 
power EIRP standards should be marketed and used only with the specific 
model antenna(s) with which the transmitter is certified. For these 
reasons, the Commission proposes to specify that the provisions 
contained in section 15.204(c) of the rules permitting antenna 
substitutions not apply to 60 GHz transmission systems operating under 
the proposed higher EIRP limits. The Commission requests comment on 
this proposal.
    10. The Commission propose not to require transmitter 
identification for any indoors transmitters whose emissions are 
directed outdoors, e.g., through a window, and seek comment on this 
proposal. It believes that any interference potential likely will be 
localized around a window link, and that any 60 GHz emissions that are 
reflected from the glass in a window link will be attenuated by the 
walls and other surrounding objects and will not impact operations in 
adjacent areas, primarily affecting equipment located in the same room 
as the window link. In most cases, all equipment within the same room 
will be under the control of the same user. Thus, potential 
interference to other co-located units appears to be a frequency 
management problem that should be addressed by the equipment user. 
Because of this, it appears that the source of any such interference 
could be easily identified without the need for a transmitter 
identification signal. Further, the Commission believes that it is more 
likely that any 60 GHz emissions that are reflected from the glass in a 
window link will be attenuated by the walls and other surrounding 
objects and will not impact operations in adjacent areas. It seeks 
comment on this proposal.
    11. The Commission also seeks comment on whether the transmitter 
identification requirement should be eliminated for all 60 GHz systems. 
It believes that the proximity of indoors co-located equipment should 
allow the user to identify the interfering transmitter to other indoors 
devices without having to use the transmitter identification feature. 
If interference should be experienced from a transmitter that is not 
co-located, the Commission questions whether the 60 GHz receiver 
experiencing the interference would be able to detect and demodulate an 
identification signal from a transmitter that may be operating using a 
different modulation format. Because manufacturers may voluntarily 
choose to incorporate the transmitter identification and specifications 
for transmitter identification could reside in industry standards, the 
Commission question the need to maintain a requirement that adds costs 
to equipment design and installation.

Initial Regulatory Flexibility Analysis

    12. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA),\1\ the Commission has prepared this present Initial 
Regulatory Flexibility Analysis (IRFA) of the possible significant 
economic impact on a substantial number of small entities by the 
policies and rules proposed in the Notice of Proposed Rule Making 
(NPRM). Written public comments are requested on this IRFA. Comments 
must be identified as responses to the IRFA and must be filed by the 
deadlines for comments provided in paragraph 23 of this NPRM. The 
Commission will send a copy of the NPRM, including this IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration 
(SBA).\2\
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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), Public Law 104-121, Title II, 110 Stat. 847 (1996).
    \2\ See 5 U.S.C. 603(a).
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A. Need for, and Objectives of, the Proposed Rules

    13. The rule making proposal was initiated to obtain comments 
regarding proposed changes to the regulations for radio frequency 
devices that do not require a license to operate. The Commission seeks 
to determine if the standards should be amended to permit an increase 
in the allowable emitted signal level for systems using very high gain 
directional antennas, to permit the emissions from 60 GHz systems to be 
measured as an equivalent isotropically radiated power instead of as a 
power density, and to eliminate the need for all 60 GHz systems to emit 
a transmitter identification signal.

[[Page 39592]]

B. Legal Basis

    14. The proposed action is taken pursuant to Sections 4(i), 301, 
302, 303(e), 303(f), 303(r), 304 and 307 of the Communications Act of 
1934, as amended, 47 U.S.C. 154(i), 301, 302, 303(e), 303(f), 303(r), 
304 and 307.

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

    15. 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.\3\ The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' \4\ In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act.\5\ A small business concern is one 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 SBA.\6\
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    \3\ 5 U.S.C. 603(b)(3).
    \4\ 5 U.S.C. 601(6).
    \5\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the 
RFA, the statutory definition of a small business applies ``unless 
an agency, after consultation with the Office of Advocacy of the 
Small Business Administration and after opportunity for public 
comment, establishes one or more definitions of such term which are 
appropriate to the activities of the agency and publishes such 
definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
    \6\ Small Business Act, 15 U.S.C. 632 (1996).
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    16. We do not expect that the rules proposed in the NPRM will have 
a significant negative economic impact on small businesses.

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

    17. Part 15 transmitters already are required to be authorized 
under the Commission's certification procedure as a prerequisite to 
marketing and importation. The reporting and recordkeeping requirements 
associated with these equipment authorizations would not be changed by 
the proposals contained in the NPRM. The changes to the regulations 
would permit operation at a higher emission level, would permit a new 
method of measuring compliance with the emission limits, and would 
eliminate the need for transmitters in the 60-GHz band to incorporate a 
transmitter identification system.

E. Federal Rules that May Duplicate, Overlap or Conflict With the 
Proposed Rules

    None.

Ordering Clauses

    18. Pursuant to sections 1, 4(i), 7(a), 301, 303(f), 303(g), 
303(r), 307(e) and 332 of the Communications Act of 1934, as amended, 
47 U.S.C. 151, 154(i), 157(a), 301, 303(f), 303(g), 303(r), 307(e), and 
332, the NPRM is adopted and the Petition for Rule Making by the 
Wireless Communications Association filed on September 30, 2004, is 
hereby granted to the extent described herein.
    19. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of the NPRM, including 
the Initial Regulatory Flexibility Analysis to the Chief Counsel for 
Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 15

    Communications equipment.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend part 15 of Title 47 of the 
CFR to read as follows:

PART 15--RADIO FREQUENCY DEVICES

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

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

    2. Section 15.204 is amended by revising paragraph (c) introductory 
text to read as follows:


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

* * * * *
    (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, it shall be of a type which is authorized with 
the intentional radiator. An intentional radiator may be authorized 
with multiple antenna types. Exceptions to the following provisions, if 
any, are noted in the rule section under which the transmitter 
operates, e.g., see Sec.  15.255 (b)(1)(ii) of this part.
* * * * *
    3. Section 15.255 is amended by removing paragraph (i) and revising 
paragraphs (b)(1), (c)(3), (e) to read as follows:


Sec.  15.255  Operation within the band 57-64 GHz.

* * * * *
    (b) * * *
    (1) Products other than fixed field disturbance sensors shall 
comply with one of the following emission limits, as measured during 
the transmit interval:
    (i) The average power density of any emission shall not exceed 9 
[mu]W/cm\2\ and the peak power density of any emission shall not exceed 
18 [mu]W/cm\2\, both as measured at 3 meters from the radiating 
structure provided, however, that 3 meters is in the far field of the 
emission. If 3 meters is not in the far field, the measurements shall 
be performed at whatever greater distance is necessary to result in the 
measurement being performed in the far field and the results shall be 
extrapolated to a distance of 3 meters, as specified in Section 
15.31(f)(1) of this part. As an alternative to these spectral density 
emission limits, the average power density of any emission shall not 
exceed an equivalent isotropically radiated power (EIRP) level of 40 
dBm and the peak power density of any emission shall not exceed an EIRP 
of 43 dBm.
    (ii) As an alternative to paragraph (b)(1)(i) of this section, for 
transmitters located outdoors or located indoors with emissions 
directed outdoors, e.g. through a window, the average power density of 
any emission shall not exceed an EIRP level of 82 dBm minus 2 dB for 
every dB that the antenna gain is less than 51 dBi. The peak power 
density of any emission shall not exceed 85 dBm minus 2 dB for every dB 
that the antenna gain is less than 51 dBi. The provisions of section 
15.204(c) of this part that permit the use of different antennas of the 
same type and of equal or less directional gain do not apply to 
intentional radiator systems operating under this provision. In lieu 
thereof, intentional radiator systems shall be certified using the 
specific antenna(s) with which the system will be marketed and 
operated. Compliance testing shall be performed using the highest gain 
and the lowest gain antennas for which certification is being sought. 
Testing shall be performed with the intentional radiator operated at 
its maximum available output power level. The responsible party, as 
defined in section 2.909 of this chapter, shall supply a list of 
acceptable antennas with the application for certification.
* * * * *
    (c) * * *
* * * * *
    (3) Between 40 GHz and 200 GHz, the level of these emissions shall 
not exceed

[[Page 39593]]

an EIRP of -10 dBm or, alternatively, a power density of 90 pW/cm\2\ at 
a distance of 3 meters. If a power density measurement is performed and 
3 meters is not within the far field, the measurements shall be 
performed at whatever greater distance is necessary to result in the 
measurement being in the far field and the results shall be 
extrapolated to a distance of 3 meters as specified in section 
15.31(f)(1) of this part.
* * * * *
    (e) Except as specified below, the total peak transmitter output 
power shall not exceed 500 mW. Depending on the gain of the antenna, it 
may be necessary to operate the intentional radiator using a lower peak 
transmitter output power in order to comply with the power density 
limits or EIRP limits specified in paragraph (b) of this section.
* * * * *

[FR Doc. E7-13832 Filed 7-18-07; 8:45 am]
BILLING CODE 6712-01-P