[Federal Register Volume 75, Number 112 (Friday, June 11, 2010)]
[Proposed Rules]
[Pages 33220-33226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14101]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket No. 10-97; FCC 10-77]


Unlicensed Personal Communications Services Devices in the 1920-
1930 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document the Commission proposes changes to its rules 
to enable Unlicensed Personal Communications Service (UPCS) devices 
operating in the 1920-1930 MHz band (known as the UPCS band) to make 
more efficient use of this spectrum. This action is taken in response 
to a Petition for Rulemaking filed by the Digital Enhanced Cordless 
Telecommunications Forum (DECT), an association that promotes digital 
cordless radio technology for short-distance voice and data 
applications. The current rules prevent UPCS devices from accessing 
channels where a certain level of radio noise is detected, even though 
those channels remain usable. The proposed rule changes would adjust 
the radio noise level at which a channel would be deemed usable.

DATES: Comments must be filed on or before July 12, 2010, and reply 
comments must be filed on or before July 26, 2010.

FOR FURTHER INFORMATION CONTACT:  Patrick Forster, Office of 
Engineering and Technology, (202) 418-7061, e-mail: 
[email protected], TTY (202) 418-2989.

ADDRESSES: You may submit comments, identified by ET Docket No. 10-97, 
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 of this document.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making, ET Docket No. 10-97, FCC 10-77, adopted May 4, 
2010, and released May 6, 2010. 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-

[[Page 33221]]

B402, Washington, DC 20554. The full text may also be downloaded at: 
www.fcc.gov.Pursuant to Sec. Sec.  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://fjallfoss.fcc.gov/ecfs2/ or the Federal eRulemaking Portal: http://www.regulations.gov.
     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. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St., SW., Room TW-A325, Washington, DC 20554. The filing hours 
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 must 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. In the Notice of Proposed Rule Making (NPRM), the Commission 
proposes to amend part 15 of the Rules to enable Unlicensed Personal 
Communications Service (UPCS) devices operating in the 1920-1930 MHz 
band (known as the UPCS band) to make more efficient use of this 
spectrum. The Commission takes this action in response to a Petition 
for Rulemaking filed by the Digital Enhanced Cordless 
Telecommunications Forum (DECT), an association that promotes digital 
cordless radio technology for short-distance voice and data 
applications. The current rules prevent UPCS devices from accessing 
channels where a certain level of radio noise is detected, even though 
those channels remain usable. The proposed rule changes would adjust 
the radio noise level at which a channel would be deemed usable.
    2. In its petition for rulemaking, DECT requested that the 
Commission modify part 15 of its rules to either eliminate or increase 
the least-interfered channel monitoring threshold and to reduce the 
number of channels a UPCS device must use and monitor in order to 
operate under the least-interfered channel access method. The least-
interfered channel monitoring threshold is the radio noise level that a 
UPCS device must monitor to determine whether there is a channel 
available on which to transmit. Specifically, DECT proposed that the 
Commission amend Sec.  15.323(c)(5) of the Rules to: (1) Eliminate the 
least-interfered channel monitoring threshold or, alternatively, to 
increase the threshold from 50 decibels (dB) above thermal noise to 65 
dB above thermal noise; and (2) reduce from 40 to 20 channels the 
number of duplex system access channels that a UPCS device must use and 
monitor in order to operate under the least-interfered channel access 
method. As described by DECT, a UPCS device without a least-interfered 
channel monitoring threshold would survey the required minimum number 
of channels and transmit on the channels with the lowest power. 
According to DECT, if the least-interfered channel monitoring threshold 
is eliminated or increased, a UPCS device would be able to access 
channels that are actually usable for communication but that cannot be 
accessed under the existing 50 dB above thermal noise threshold. DECT 
also indicates that if the number of channels a UPCS device must use 
and monitor is reduced from 40 to 20 channels, broadband UPCS devices 
that use fewer than 40 channels (i.e., that use wider bandwidth 
channels) will be permitted to use the least-interfered channel access 
method and won't be restricted to using only channels with a signal 
level less than 30 dB above thermal noise. DECT states that neither of 
these changes will cause interference to adjacent-band Advanced 
Wireless Service (AWS) and PCS services.
    3. DECT claims that its requested part 15 rule changes would also 
limit the potential for 1915-1920 MHz-band mobile transmitters' out-of-
band emissions to restrict UPCS devices' use of the UPCS band once 
operations begin in the 1915-1920 MHz band.
    4. The Commission specifically proposes to revise Sec.  15.323 of 
our rules to increase least-interfered channel monitoring threshold. 
The Commission also proposes to reduce from 40 to 20 channels the 
number of duplex system access channels that a UPCS device must monitor 
and use under the least-interfered channel access method. The proposed 
changes would increase the number of channels that could be used by 
UPCS devices, particularly those devices designed to transmit on wider 
bandwidth channels, and thus facilitate the introduction of unlicensed 
devices capable of providing access to broadband services in the 1920-
1930 MHz band. The Commission requests comment on these proposals.
    5. The Commission believes there is merit to DECT's requests to 
increase the UPCS least-interfered channel monitoring threshold and to 
reduce the number of channels that a UPCS device must monitor and use 
in order to use the least-interfered channel access method. The 
Commission is persuaded that the requested modifications would have 
substantive benefits for users of devices that operate in the UPCS band 
and promote more efficient use of the UPCS-band spectrum. Therefore, it 
proposes to modify the UPCS Rules as DECT requested. The Commission 
notes that its previous modifications to the UPCS-band operating rules 
to widen the maximum allowed bandwidth and permit asynchronous 
operations together with isochronous operations in the 1920-1930 MHz 
band have resulted in significantly more use of the UPCS band. It 
believes these changes that DECT has requested are likely to produce 
analogous results. In particular, the Commission believes that the 
proposed rule modifications would facilitate the development of 
unlicensed devices capable of providing access to broadband services.
    6. The Commission proposes to modify Sec.  15.323 to specify a 
least-interfered channel monitoring threshold of 65 dB above thermal 
noise, as reflected in the proposed rules set forth in Appendix A of 
the NPRM. It believes this action would serve the public

[[Page 33222]]

interest by allowing more devices to access usable channels and thereby 
increasing the utilization of the UPCS band. The Commission agrees with 
DECT that increasing this threshold would allow UPCS devices to 
transmit on channels that currently are restricted from use under the 
existing 50 dB above thermal noise threshold, but that are actually 
acceptable for use.
    7. The Commission observed that the least-interfered channel 
monitoring threshold level used in one UPCS system could affect the 
range and channel availability of other UPCS systems. The absence of a 
least-interfered channel monitoring threshold--where a UPCS device 
would survey the required minimum number of channels and transmit on 
the channels with the lowest power and an alternative approach 
suggested by DECT--could require affected systems to install additional 
base stations to mitigate the impact. This scenario could occur in a 
small office environment with different occupants operating separate 
systems in close proximity. The Commission believes that increasing the 
least-interfered channel monitoring threshold to 65 dB above thermal 
noise is preferable to DECT's alternative proposal to eliminate the 
threshold and strikes an appropriate balance. The Commission believes 
that maintaining a specific least-interfered channel monitoring 
threshold would limit the potential for one UPCS system's devices to 
restrict the range and access to channels of another UPCS system's 
devices and avoid undue congestion in the UPCS band.
    8. At the same time, an increase in the least-interfered channel 
monitoring threshold would increase the utilization of the UPCS band 
and reduce UPCS system infrastructure costs. The Commission noted that 
DECT states that a threshold increase to 65 dB above thermal noise 
would increase the utilization of the UPCS band by over 60 percent. 
Also, as DECT states, although a threshold of 50 dB above thermal noise 
optimizes the range of UPCS devices, an increase in the monitoring 
threshold from 50 to 65 dB above thermal noise would allow 
manufacturers to optimize their systems for density of devices rather 
than range, depending on the needs of users. As a result, this would 
allow more UPCS devices to be used within close proximity of one 
another, such as in adjacent cubicles in an office environment. 
Although each device would lose some range in such a scenario due to 
the density of spectral use, any decrease in range would likely have 
little effect on users because the devices in such dense systems 
typically operate just a short distance from the nearest base station. 
The Commission also believes that a least-interfered channel monitoring 
threshold of 65 dB above thermal noise would help limit the potential 
for in-band and out-of-band interference, facilitate efficient use of 
the UPCS spectrum, and permit all users to access the available 
spectrum on a shared basis. The Commission seeks comment on this 
proposal. It also seeks comment on our observations with respect to the 
selection of 65 dB above thermal noise as the monitoring threshold and 
whether some alternative value or elimination of the threshold would be 
more appropriate.
    9. Because all UPCS devices would continue to operate using a 
listen-before-talk protocol, they will not interfere with each other 
once a device is transmitting on a channel. Furthermore, because UPCS 
devices all operate at relatively low power levels, two devices would 
need to be within less than 1 foot of each other to impact one another. 
Consequently, the Commission believes the probability of interference 
occurring among UPCS devices operating under the proposed monitoring 
threshold or between such devices and those operating under the current 
monitoring threshold will remain low. In addition, although an increase 
in the least-interfered channel threshold could, in some cases, result 
in an increased number of UPCS devices simultaneously operating in a 
given location, they would be operating with relatively low peak 
transmitter power and out-of-band emissions limits. Thus, the 
Commission believes the potential for harmful interference to nearby 
relatively higher-power AWS and PCS devices (either fixed or mobile) 
receiving in the adjacent 1915-1920 and 1930-1990 MHz bands, 
respectively, will not be significantly increased in such cases. The 
Commission seeks comment on these observations.
    10. The Commission also proposes to modify rule Sec.  15.323 to 
reduce from 40 to 20 channels the number of channels that a UPCS device 
must monitor and use in order to operate under the least-interfered 
channel access method in the 1920-1930 MHz band, as reflected in the 
proposed rules set forth in Appendix A in the NPRM. Such action would 
appear to serve the public interest by allowing state-of-the-art UPCS 
devices that can provide broadband services, but using fewer than 40 
channels, to operate under the least-interfered channel access method 
and access channels with a higher signal level, if available. DECT 
states that halving the number of monitored and used channels is 
justified by the Commission's previous decision to double the maximum 
allowed UPCS channel bandwidth from 1.25 to 2.5 megahertz. It also 
indicates that there are now UPCS devices operating with up to five 2-
megahertz-wide channels that provide more advanced state-of-the-art 
broadband services. When these wider channels are subdivided, however, 
fewer access channels are available to satisfy the current minimum 
number of channels to be monitored under the least-interfered channel 
rule. Devices that can support access to broadband services but use 
fewer than 40 channels are thus limited to using channels with a signal 
level less than 30 dB above thermal noise. Consequently, these devices' 
access to the UPCS band is severely limited in many instances, 
especially in areas of high use of UPCS devices. Reducing the number of 
monitored channels would increase the utilization of the UPCS band by 
allowing wider-bandwidth devices to access channels that are usable 
under the least-interfered channel access criteria. Also, if the number 
of channels that must be monitored and used is reduced so that wider-
bandwidth devices' access to channels is unrestricted, the ability of 
these devices to have higher throughputs (i.e., data rates) could help 
to improve the efficiency of the UPCS band. In addition, maintaining a 
requirement for UPCS devices to monitor and use at least 20 channels 
would enable all users to have equal access to the available spectrum 
on a shared basis. The Commission seeks comment on this proposal.
    11. DECT filed comments on the AWS-2/AWS-3 Service Rules FNPRM, 
expressing concern about the potential for the out-of-band emissions 
limit proposed for 1915-1920 MHz-band mobile transmitters to restrict 
UPCS devices' access to the UPCS band. Nonetheless, because DECT 
believes that its proposed part 15 rule changes will improve the 
utilization, quality, and services of the UPCS band, especially for new 
state-of the-art broadband services, DECT asks that the Commission not 
defer action on the instant petition pending the outcome of the AWS-2 
proceeding. In this NPRM, the Commission addresses only the DECT Forum 
petition for rulemaking of the part 15 rules for the UPCS band. The 
Commission neither solicits comments on nor makes any decision with 
respect to the pending AWS-2 service rules proceeding.
    12. Other Matters. In January 1993, representatives from a broad 
range of UPCS equipment manufacturers created

[[Page 33223]]

the Unlicensed PCS Ad Hoc Committee for 2 GHz Microwave Transition and 
Management (UTAM) to facilitate the transition of the 1920-1930 MHz 
band from fixed microwave radio service use to UPCS use. UTAM 
incorporated itself as a not-for-profit corporation under the name of 
UTAM, Inc., in July 1993. In the Broadband PCS Second Report and Order, 
the Commission designated UTAM, Inc., to coordinate and manage the 
transition of the 1920-1930 MHz band from incumbent fixed microwave 
operations to UPCS use. The rules the Commission adopted to implement 
this process were to sunset after a ten-year period. Because the need 
for UPCS devices to protect fixed microwave incumbents in the 1920-1930 
MHz band sunset on April 4, 2005, on its own motion, the Commission 
proposes to remove Sec.  15.307 of the rules. In proposing this change, 
the Commission notes that with the sunset of the requirement that UPCS 
devices protect fixed microwave incumbents in the UPCS band, it is no 
longer necessary to (1) distinguish between coordinatable and non-
coordinatable UPCS devices under the equipment authorization process, 
as specified in Sec.  15.307(c); (2) require a coordinatable UPCS 
device to incorporate certain coordination features, as specified in 
Sec.  15.307(d) and (e); (3) require UPCS operators to protect fixed 
microwave incumbents in the 1920-1930 MHz band, as set forth in Sec.  
15.307(g); and (4) require a UPCS device to cease operating upon 
relocation until coordination for the new location is verified by UTAM, 
Inc., as set forth in Sec.  15.307(h). Furthermore, Sec.  15.307(a), 
(b), and (f) of the Commission's rules, which respectively (1) describe 
UTAM, Inc.'s function; (2) require each applicant for certification 
(i.e., authorization) of a UPCS device to be a participating member of 
UTAM, Inc.; and (3) sets forth that the requirement for including the 
disabling mechanism in a UPCS device would be discontinued when the 
Commission determines that UPCS devices no longer need to be 
coordinated, are also no longer needed. In addition, the Commission 
proposes to delete the UTAM, Inc.-related labeling requirement in Sec.  
15.311, because UPCS devices are no longer coordinated by UTAM, Inc. 
The Commission further proposes to delete the definitions in Sec.  
15.303(b) and (e) that were applicable when UPCS devices were either 
coordinatable or non-coordinatable because these rules are now 
unnecessary. The Commission seeks comment on all of these proposals, 
and on any other rules changes that might be warranted as a result of 
the sunset of the transition of the band from incumbent fixed microwave 
operations to UPCS use.
    13. The Commission also takes this opportunity to propose 
modifications to certain other UPCS rules to make them consistent with 
other changes that have been made to the rules. In this regard, it 
proposes to amend Sec.  15.31(a)(2) to update the version of the 
standard by which UPCS devices must be measured for compliance with the 
performance requirements in part 15 Subpart D of the rules, and to 
revise Sec.  15.323(a) to correct a typographical error in the second 
sentence. Also, consistent with the decision in the AWS Sixth R&O, the 
Commission proposes to delete the definition in Sec.  15.303(i) that 
was applicable when asynchronous and isochronous operations were in 
separate sub-bands and to amend Sec.  15.319 to specifically state that 
both asynchronous and isochronous operations are permitted in the 1920-
1930 MHz band. These proposed rule modifications are reflected in 
Appendix A of the NPRM. The Commission seeks comment on all of these 
proposals. In addition, it seeks comment on changes to any of the other 
rules regarding UPCS devices which should be made due to the kind of 
errors or intervening events or developments that we have identified in 
this paragraph.

Ordering Clauses

    14. Pursuant to sections 1, 2, 4(i), 301, 302, and 303(f) of the 
Communications Act of 1934, 47 U.S.C. 151, 152, 154(i), 301, 302a, and 
303(f), that this Notice of Proposed Rulemaking is hereby adopted.
    15. Notice is hereby given of the proposed regulatory changes 
described in this Notice of Proposed Rulemaking, and that comment is 
sought on these proposals.
    16. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Notice of 
Proposed Rulemaking, including the Initial Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration.

Initial Regulatory Flexibility Analysis

    17. 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 small entities by the policies and rules proposed in 
this 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 specified on the first page of 
the 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\ In addition, the NPRM and IRFA (or summaries 
thereof) will be published in the Federal Register.\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) Public Law 104-121, Title II, 110 Stat. 857 (1996).
    \2\ See 5 U.S.C. 603(a).
    \3\ See 5 U.S.C. 603(a).
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A. Need for, and Objectives of, the Proposed Rules

    18. The NPRM proposes rules and seeks comment on specific issues 
related to the operation of unlicensed Personal Communications Services 
(UPCS) devices operating in the 1920-1930 MHz band (known as the UPCS 
band). The proposals are intended to improve the utilization of the 
UPCS band by increasing access to usable channels whose use is 
restricted under the current rules, by reducing infrastructure costs 
through allowing a greater density of UPCS devices to be used with 
fewer base stations, and by preventing the out-of-band emissions that 
have been proposed for Advanced Wireless Service (AWS) mobile 
transmitters in the 1915-1920 MHz from limiting UPCS devices' access to 
the 1920-1930 MHz UPCS band. The proposals are also designed to allow 
UPCS devices that are using fewer that 40 defined channels to use the 
UPCS least-interfered channel access method. Permitting these devices 
to use the least-interfered channel access method would prevent these 
devices' access to the UPCS band from being severely limited. The NPRM 
seeks comment on increasing the least-interfered channel threshold that 
UPCS devices must monitor for when using the least-interfered channel 
access method from 50 (dB) above thermal noise to 65 dB above thermal 
noise. In addition, the NPRM seeks comment on reducing from 40 to 20 
channels the number of channels a UPCS device must define and monitor 
in order to use the least-interfered channel access method.

B. Legal Basis

    19. This action is authorized under sections 1, 4(i), 302, 303(f) 
and (r), 332, and 337 of the Communications Act of 1934, as amended, 47 
U.S.C. 1, 4(i), 154(i), 302a, 303(f) and (r), 332, 337.

[[Page 33224]]

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

    20. 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.\4\ The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``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.\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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    \4\ Id. at 603(b)(3).
    \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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    21. Nationwide, there are a total of approximately 29.6 million 
small businesses, according to the SBA.\7\ A ``small organization'' is 
generally ``any not-for-profit enterprise which is independently owned 
and operated and is not dominant in its field.'' \8\ Nationwide, as of 
2002, there were approximately 1.6 million small organizations.\9\ The 
term ``small governmental jurisdiction'' is defined generally as 
``governments of cities, towns, townships, villages, school districts, 
or special districts, with a population of less than fifty thousand.'' 
\10\ Census Bureau data for 2002 indicate that there were 87,525 local 
governmental jurisdictions in the United States.\11\ We estimate that, 
of this total, 84,377 entities were ``small governmental 
jurisdictions.'' \12\ Thus, we estimate that most governmental 
jurisdictions are small.
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    \7\ See SBA, Office of Advocacy, ``Frequently Asked Questions,'' 
http://web.sba.gov/faqs/faqindex.cfm?areaID=24 (revised Sept. 2009).
    \8\ 5 U.S.C. 601(4).
    \9\ Independent Sector, The New Nonprofit Almanac & Desk 
Reference (2002).
    \10\ 5 U.S.C. 601(5).
    \11\ U.S. Census Bureau, Statistical Abstract of the United 
States: 2006, Section 8, page 272, Table 415.
    \12\ We assume that the villages, school districts, and special 
districts are small, and total 48,558. See U.S. Census Bureau, 
Statistical Abstract of the United States: 2006, section 8, page 
273, Table 417. For 2002, Census Bureau data indicate that the total 
number of county, municipal, and township governments nationwide was 
38,967, of which 35,819 were small. Id.
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    22. The proposals in this NPRM affect fixed service (FS) stations 
licensed under part 101 of our rules, UPCS stations, as well as 
wireless equipment manufacturers and frequency coordinators.
    Fixed Microwave Services. Fixed microwave services include common 
carrier,\13\ private operational-fixed,\14\ and broadcast auxiliary 
radio services.\15\ At present, there are approximately 22,015 common 
carrier fixed licensees and 61,670 private operational-fixed licensees 
and broadcast auxiliary radio licensees in the microwave services. The 
Commission has not created a size standard for a small business 
specifically with respect to fixed microwave services. For purposes of 
this analysis, the Commission uses the SBA small business size standard 
for the category Wireless Telecommunications Carriers (except 
Satellite), which is 1,500 or fewer employees.\16\ The Commission does 
not have data specifying the number of these licensees that have no 
more than 1,500 employees, and thus are unable at this time to estimate 
with greater precision the number of fixed microwave service licensees 
that would qualify as small business concerns under the SBA's small 
business size standard. Consequently, the Commission estimates that 
there are 22,015 or fewer common carrier fixed licensees and 61,670 or 
fewer private operational-fixed licensees and broadcast auxiliary radio 
licensees in the microwave services that may be small and may be 
affected by the rules and policies proposed herein. We note, however, 
that the common carrier microwave fixed licensee category includes some 
large entities.
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    \13\ See 47 CFR 101 et seq. for common carrier fixed microwave 
services (except Multipoint Distribution Service).
    \14\ Persons eligible under parts 80 and 90 of the Commission's 
Rules can use Private Operational-Fixed Microwave services. See 47 
CFR Parts 80 and 90. Stations in this service are called 
operational-fixed to distinguish them from common carrier and public 
fixed stations. Only the licensee may use the operational-fixed 
station, and only for communications related to the licensee's 
commercial, industrial, or safety operations.
    \15\ Auxiliary Microwave Service is governed by part 74 of Title 
47 of the Commission's rules. See 47 CFR part 74. This service is 
available to licensees of broadcast stations and to broadcast and 
cable network entities. Broadcast auxiliary microwave stations are 
used for relaying broadcast television signals from the studio to 
the transmitter, or between two points such as a main studio and an 
auxiliary studio. The service also includes mobile television 
pickups, which relay signals from a remote location back to the 
studio.
    \16\ 13 CFR 121.201, NAICS code 517210.
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    Unlicensed Personal Communications Services. As its name indicates, 
UPCS is not a licensed service. UPCS consists of intentional radiators 
operating in the frequency bands 1920-1930 MHz and 2390-2400 MHz that 
provide a wide array of mobile and ancillary fixed communication 
services to individuals and businesses. The NPRM potentially affects 
UPCS operations in the 1920-1930 MHz band; operations in those 
frequencies are given flexibility to deploy both voice and data-based 
services. There is no accurate source for the number of operators in 
the UPCS. Since 2007, the Census Bureau has placed wireless firms 
within the new, broad, economic census category Wireless 
Telecommunications Carriers (except Satellite).\17\ Prior to that time, 
such firms were within the now-superseded category of ``Paging'' and 
``Cellular and Other Wireless Telecommunications.'' \18\ Under the 
present and prior categories, the SBA has deemed a wireless business to 
be small if it has 1,500 or fewer employees.\19\ Because Census Bureau 
data are not yet available for the new category, we will estimate small 
business prevalence using the prior categories and associated data. For 
the category of Paging, data for 2002 show that there were 807 firms 
that operated for the entire year.\20\ Of this total, 804 firms; had 
employment of 999 or fewer employees, and three firms had employment of 
1,000 employees or more.\21\ For the category of Cellular and Other 
Wireless Telecommunications, data for 2002 show that there were 1,397 
firms that operated for the entire year.\22\ Of this total, 1,378 firms 
had employment of 999 or fewer employees, and 19 firms had employment 
of 1,000

[[Page 33225]]

employees or more.\23\ Thus, we estimate that the majority of wireless 
firms are small.
---------------------------------------------------------------------------

    \17\ U.S. Census Bureau, 2007 NAICS Definitions, ``517210 
Wireless Telecommunications Categories (Except Satellite)''; http://www.census.gov/naics/2007/def/ND517210.HTM#N517210.
    \18\ U.S. Census Bureau, 2002 NAICS Definitions, ``517211 
Paging''; http://www.census.gov/epcd/naics02/def/NDEF517.HTM.; U.S. 
Census Bureau, 2002 NAICS Definitions, ``517212 Cellular and Other 
Wireless Telecommunications''; http://www.census.gov/epcd/naics02/def/NDEF517.HTM.
    \19\ 13 CFR 121.201, NAICS code 517210 (2007 NAICS). The now-
superseded, pre-2007 CFR citations were 13 CFR 121.201, NAICS codes 
517211 and 517212 (referring to the 2002 NAICS).
    \20\ U.S. Census Bureau, 2002 Economic Census, Subject Series: 
Information, ``Establishment and Firm Size (Including Legal Form of 
Organization,'' Table 5, NAICS code 517211 (issued Nov. 2005).
    \21\ Id. The census data do not provide a more precise estimate 
of the number of firms that have employment of 1,500 or fewer 
employees; the largest category provided is for firms with ``1000 
employees or more.''
    \22\ U.S. Census Bureau, 2002 Economic Census, Subject Series: 
Information, ``Establishment and Firm Size (Including Legal Form of 
Organization,'' Table 5, NAICS code 517212 (issued Nov. 2005).
    \23\ Id. The census data do not provide a more precise estimate 
of the number of firms that have employment of 1,500 or fewer 
employees; the largest category provided is for firms with ``1000 
employees or more.''
---------------------------------------------------------------------------

    Wireless Equipment Manufacturers are defined by the Census Bureau 
as follows: ``This industry comprises establishments primarily engaged 
in manufacturing radio and television broadcast and wireless 
communications equipment. Examples of products made by these 
establishments are: Transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment.'' \24\ The SBA has developed a small business 
size standard for Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing, which is: All such firms having 
750 or fewer employees.\25\ According to Census Bureau data for 2002, 
there were a total of 1,041 establishments in this category that 
operated for the entire year.\26\ Of this total, 1,010 had employment 
of under 500, and an additional 13 had employment of 500 to 999.\27\ 
Thus, under this size standard, the majority of firms can be considered 
small.
---------------------------------------------------------------------------

    \24\ U.S. Census Bureau, 2002 NAICS Definitions, ``334220 Radio 
and Television Broadcasting and Wireless Communications Equipment 
Manufacturing''; http://www.census.gov/epcd/naics02/def/NDEF334.HTM#N3342.
    \25\ See 13 CFR 121.201, NAICS code 334220.
    \26\ U.S. Census Bureau, American FactFinder, 2002 Economic 
Census, Industry Series, Industry Statistics by Employment Size, 
NAICS code 334220 (released May 26, 2005); http://factfinder.census.gov. 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 2002, which were 929.
    \27\ Id. An additional 18 establishments had employment of 1,000 
or more.
---------------------------------------------------------------------------

    Frequency Coordinators. Neither the Commission nor the SBA has 
developed a small business size standard specifically applicable to 
spectrum frequency coordinators. Since 2007, the Census Bureau has 
placed wireless firms within the new, broad, economic census category 
Wireless Telecommunications Carriers (except Satellite).\28\ Prior to 
that time, such firms were within the now-superseded category of 
``Paging'' and ``Cellular and Other Wireless Telecommunications.'' \29\ 
Under the present and prior categories, the SBA has deemed a wireless 
business to be small if it has 1,500 or fewer employees.\30\ Because 
Census Bureau data are not yet available for the new category, we will 
estimate small business prevalence using the prior categories and 
associated data. For the category of Paging, data for 2002 show that 
there were 807 firms that operated for the entire year.\31\ Of this 
total, 804 firms had employment of 999 or fewer employees, and three 
firms had employment of 1,000 employees or more.\32\ For the category 
of Cellular and Other Wireless Telecommunications, data for 2002 show 
that there were 1,397 firms that operated for the entire year.\33\ Of 
this total, 1,378 firms had employment of 999 fewer employees, and 19 
firms had employment of 1,000 employees or more.\34\ Thus, we estimate 
that the majority of these firms are small.
---------------------------------------------------------------------------

    \28\ U.S. Census Bureau, 2007 NAICS Definitions, ``517210 
Wireless Telecommunications Categories (Except Satellite)''; http://www.census.gov/naics/2007/def/ND517210.HTM#N517210.
    \29\ U.S. Census Bureau, 2002 NAICS Definitions, ``517211 
Paging''; http://www.census.gov/epcd/naics02/def/NDEF517.HTM.; U.S. 
Census Bureau, 2002 NAICS Definitions, ``517212 Cellular and Other 
Wireless Telecommunications''; http://www.census.gov/epcd/naics02/def/NDEF517.HTM.
    \30\ 13 CFR 121.201, NAICS code 517210 (2007 NAICS). The now-
superseded, pre-2007 CFR citations were 13 CFR 121.201, NAICS codes 
517211 and 517212 (referring to the 2002 NAICS).
    \31\ U.S. Census Bureau, 2002 Economic Census, Subject Series: 
Information, ``Establishment and Firm Size (Including Legal Form of 
Organization,'' Table 5, NAICS code 517211 (issued Nov. 2005).
    \32\ Id. The census data do not provide a more precise estimate 
of the number of firms that have employment of 1,500 or fewer 
employees; the largest category provided is for firms with ``1000 
employees or more.''
    \33\ U.S. Census Bureau, 2002 Economic Census, Subject Series: 
Information, ``Establishment and Firm Size (Including Legal Form of 
Organization,'' Table 5, NAICS code 517212 (issued Nov. 2005).
    \34\ Id. The census data do not provide a more precise estimate 
of the number of firms that have employment of 1,500 or fewer 
employees; the largest category provided is for firms with ``1000 
employees or more.''
---------------------------------------------------------------------------

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

    23. This NPRM addresses the possibility of allowing additional 
flexibility for UPCS devices operating in the 1920-1930 MHz band by 
eliminating or increasing the least-interfered channel monitoring 
threshold that a UPCS device must employ when using the least-
interfered channel access method. In addition, the NPRM addresses the 
possibility of decreasing from 40 to 20 channels the number of channels 
that a UPCS device must define and monitor to use the least-interfered 
channel access method. The item does not contain any new reporting or 
recordkeeping requirements.

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

    24. 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 (among others): (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 performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.\35\
---------------------------------------------------------------------------

    \35\ 5 U.S.C. 603(c).
---------------------------------------------------------------------------

    25. We have proposed to reduce burdens wherever possible. Our 
proposals regarding the UPCS band would reduce burdens on small 
entities. Our proposal to increase the least-interfered channel-
threshold will increase the utilization of the UPCS by allowing access 
to usable channels that are currently restricted under the current 
Rules, resulting in more efficient use of the UPCS-band spectrum. It 
will also allow a greater density of UPCS devices to be used with fewer 
base stations, thereby reducing the infrastructure costs for a UPCS 
system, and will prevent the out-of-band emissions from adjacent-band 
AWS mobile transmitters from limiting access to the UPCS band. Our 
proposal to raise the least-interfered channel threshold, rather than 
eliminate the threshold, will prevent one UPCS systems' device's from 
limiting the range of another UPCS system's devices, which would 
require the installation of additional base stations to mitigate. Our 
proposal to reduce from 40 to 20 channels the number of channels a UPCS 
device must define and monitor to use the least-interfered channel 
access method would prevent devices that can provide state-of-the-art 
broadband services from being denied use of the least-interfered 
channel access method and consequently experiencing restricted access 
to UPCS-band channels.
    26. We will continue to examine alternatives in the further with 
the objectives of eliminating unnecessary

[[Page 33226]]

regulations and minimizing significant economic impact on small 
entities. We seek comment on significant alternatives commenters 
believe we should adopt.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    None.

List of Subjects 47 CFR Part 15

    Communications equipment, Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

    For the reasons set forth in the preamble, the Federal 
Communications Commission proposes to amend part 15 of Title 47 of the 
Code of Federal Regulations 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 15.31 is amended by revising paragraph (a)(2) to read as 
follows:


Sec.  15.31  Measurement standards.

    (a) * * *
    (1) * * *
    (2) Unlicensed Personal Communication Service (UPCS) devices are to 
be measured for compliance using ANSI C63.17-2006: ``Methods of 
Measurement of the Electromagnetic and Operational Compatibility of 
Unlicensed Personal Communications Services (UPCS) Devices'' 
(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.
* * * * *
    3. Section 15.38 is amended by revising paragraph (b)(12) to read 
as follows:


Sec.  15.38  Incorporation by reference.

* * * * *
    (b) * * *
    (12) ANSI C63.17-2006: ``Methods of Measurement of the 
Electromagnetic and Operational Compatibility of Unlicensed Personal 
Communications Services (UPCS) Devices'', 2006, IBR approved for Sec.  
15.31.
* * * * *
    4. Section 15.303 is amended by removing paragraphs (b), (e), (i), 
and redesignating paragraphs (a) through (k) as paragraphs (a) through 
(h) in alphabetical order.


Sec.  15.303  Definitions.


Sec.  15.307  [Removed]

    5. Remove Sec.  15.307.


Sec.  15.311  [Removed]

    6. Remove Sec.  15.311.
    7. Section 15.319 is amended by revising paragraph (b) to read as 
follows:


Sec.  15.319  General technical requirements.

* * * * *
    (b) All transmissions must use only digital modulation techniques. 
Both asynchronous and isochronous operations are permitted within the 
1920-1930 MHz band.
* * * * *
    8. Section 15.323 is amended by revising the section heading and 
paragraphs (a), (c)(5), (d), and (e) to read as follows:


Sec.  15.323  Specific requirements for devices operating in the 1920-
1930 MHz band.

    (a) Operation shall be contained within the 1920-1930 MHz band. The 
emission bandwidth shall be less than 2.5 MHz. The power level shall be 
as specified in Sec.  15.319(c), but in no event shall the emission 
bandwidth be less than 50 kHz.
* * * * *
    (c) * * *
    (5) If access to spectrum is not available as determined by the 
above, and a minimum of 20 duplex system access channels are defined 
for the system, the time and spectrum windows with the lowest power 
level below a monitoring threshold of 65 dB above the thermal noise 
power determined for the emission bandwidth may be accessed. A device 
utilizing the provisions of this paragraph must have monitored all 
access channels defined for its system within the last 10 seconds and 
must verify, within the 20 milliseconds (40 milliseconds for devices 
designed to use a 20 milliseconds frame period) immediately preceding 
actual channel access that the detected power of the selected time and 
spectrum windows is no higher than the previously detected value. The 
power measurement resolution for this comparison must be accurate to 
within 6 dB. No device or group of co-operating devices located within 
1 meter of each other shall during any frame period occupy more than 6 
MHz of aggregate bandwidth, or alternatively, more than one third of 
the time and spectrum windows defined by the system.
* * * * *
    (d) Emissions outside the band shall be attenuated below a 
reference power of 112 milliwatts as follows: 30 dB between the band 
and 1.25 MHz above or below the band; 50 dB between 1.25 and 2.5 MHz 
above or below the band; and 60 dB at 2.5 MHz or greater above or below 
the band. Emissions inside the band must comply with the following 
emission mask: In the bands between 1B and 2B measured from the center 
of the emission bandwidth the total power emitted by the device shall 
be at least 30 dB below the transmit power permitted for that device; 
in the bands between 2B and 3B measured from the center of the emission 
bandwidth the total power emitted by an intentional radiator shall be 
at least 50 dB below the transmit power permitted for that radiator; in 
the bands between 3B and the band edge the total power emitted by an 
intentional radiator in the measurement bandwidth shall be at least 60 
dB below the transmit power permitted for that radiator. ``B'' is 
defined as the emission bandwidth of the device in hertz. Compliance 
with the emission limits is based on the use of measurement 
instrumentation employing a peak detector function with an instrument 
resolution bandwidth approximately equal to 1.0 percent of the emission 
bandwidth of the device under measurement.
    (e) The frame period (a set of consecutive time slots in which the 
position of each time slot can be identified by reference to a 
synchronizing source) of an intentional radiator operating in this band 
shall be 20 milliseconds or 10 milliseconds/X where X is a positive 
whole number. Each device that implements time division for the 
purposes of maintaining a duplex connection on a given frequency 
carrier shall maintain a frame repetition rate with a frequency 
stability of at least 50 parts per million (ppm). Each device which 
further divides access in time in order to support multiple 
communications links on a given frequency carrier shall maintain a 
frame repetition rate with a frequency stability of at least 10 ppm. 
The jitter (time-related, abrupt, spurious variations in the duration 
of the frame interval) introduced at the two ends of such a 
communication link shall not exceed 25 microseconds for any two 
consecutive transmissions. Transmissions shall be continuous in every 
time and spectrum window during the frame period defined for the 
device.
* * * * *
[FR Doc. 2010-14101 Filed 6-10-10; 8:45 am]
BILLING CODE 6712-01-P