[Federal Register Volume 76, Number 116 (Thursday, June 16, 2011)]
[Proposed Rules]
[Pages 35176-35181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14744]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket Nos. 11-90 and 10-28; FCC 11-79]


Operation of Radar Systems in the 76-77 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document the Commission proposes to amend rules to 
enable enhanced vehicular radar technologies in the 76-77 GHz band to 
improve collision avoidance and driver safety. Vehicular radars can 
determine the exact distance and relative speed of objects in front of, 
beside, or behind a car to improve the driver's ability to perceive 
objects under bad visibility conditions or objects that are in blind 
spots. These modifications to the rules will provide more efficient use 
of spectrum, and enable the automotive and fixed radar application 
industries to develop enhanced safety measures for drivers and the 
general public. The Commission takes this action in

[[Page 35177]]

response to petitions for rulemaking filed by Toyota Motor Corporation 
(``TMC'') and Era Systems Corporation (``Era'')

DATES: Comments must be filed on or before July 18, 2011, and reply 
comments must be filed on or before August 1, 2011.

FOR FURTHER INFORMATION CONTACT: Aamer Zain, Office of Engineering and 
Technology, (202) 418-2437, e-mail: [email protected], TTY (202) 418-
2989.

ADDRESSES: You may submit comments, identified by ET Docket Nos. 11-90 
and 10-28, by any of the following methods:
     Federal Communications Commission's Web Site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
comments.
     Mail: Aamer Zain, Electronics Engineer, Office of 
Engineering and Technology, 445 12th Street, SW., Room 7-A110, 
Washington, 20554
     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. 11-90, FCC 11-79, adopted May 
24, 2011 and released May 25, 2011. 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.

Comment Period and Procedures

    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/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy 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 and boxes 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 modify Sec. Sec.  15.35 and 15.253 of its rules to enable 
enhanced vehicular radar technologies in the 76-77 GHz band to improve 
collision avoidance and driver safety. Vehicular radars can determine 
the exact distance and relative speed of objects in front of, beside, 
or behind a car to improve the driver's ability to perceive objects 
under bad visibility conditions or objects that are in blind spots. The 
Commission proposes to eliminate the existing requirement that 
vehicular radars decrease power when the vehicle on which the radar is 
mounted is stopped, or not in motion, and to expand the authorization 
for unlicensed 76-77 GHz band radars to allow their use in fixed 
infrastructure systems. These modifications to the rules will provide 
more efficient use of spectrum, and enable the automotive and fixed 
radar application industries to develop enhanced safety measures for 
drivers and the general public. This action is taken in response to 
petitions for rulemaking filed by Toyota Motor Corporation (TMC) and 
Era Systems Corporation (Era).
    2. The 76-77 GHz band offers advantages for vehicular and fixed 
radar systems, such as precise real-time monitoring of the position and 
speed of vehicles. The Commission's proposals are intended to foster 
the development of improved radar systems that offer significant safety 
benefits to the general public. The Commission also foresees economic 
benefits such as economies of scale and broader marketplace demand that 
may be attained if both the U.S. and other markets use the 76-77 GHz 
band for fixed and vehicular radar systems. Furthermore, the Commission 
believes that the changes in power levels and use suggested by TMC and 
Era will not result in any increased potential of interference to 
licensed services.
    3. TMC filed a petition for rulemaking requesting that the emission 
limits be modified for vehicular radar systems operating within the 76-
77 GHz band. Specifically, TMC requested that the Commission eliminate 
the ``in-motion'' and ``not-in-motion'' distinctions in the emission 
limits for vehicular radar systems and establish a single emission 
limit that applies in all directions from a vehicle.
    4. The Commission believes there is merit to TMC's request to 
modify the emissions limits for vehicular radar systems, and to 
eliminate the ``in-motion'' and ``not-in-motion'' distinction in limits 
for millimeter wave vehicular radar systems. Therefore, the Commission 
proposes to modify its rules for vehicular radar systems operating in 
the 76-77 GHz band as TMC requests. The Commission proposes to modify 
Sec.  15.253 of its rules to increase the average power density limit 
to 50 dBm (88 [mu]W/cm\2\ at 3 m) and decrease the peak power density 
limit to 55 dBm (279 [mu]W/cm\2\ at 3m) for vehicular radar systems 
regardless of the illumination direction of the vehicular radar system 
as reflected in the proposed rules set forth in Appendix A. The 
Commission seeks comments on this proposal. The proposed emission 
limits would extend to vehicular radar systems illuminating in any of 
the mentioned directions (forward, rear or side). This action would 
make the rules

[[Page 35178]]

governing the vehicular radar emission limit in United States to be 
more comparable to those set forth outside the United States and 
therefore benefit the automotive industry in terms of new product 
development and cost reduction.
    5. The existing separate in-motion and not-in-motion emission 
limits were adopted to prevent unnecessary and prolonged harmful human 
exposure to RF radiation. The motion status of the vehicle was given 
special consideration due the fact that vehicles that are not in motion 
could result in human exposure to radiation for longer time durations 
than a moving vehicle. However, because the proposed emission limit of 
88 [mu]W/cm\2\ is below the current average threshold limit of 1 mW/
cm\2\ adopted for human exposure to RF radiation, the in-motion and 
not-in-motion criteria become unnecessary for safety purposes. The 
Commission therefore proposes emission limits independent of the motion 
status of the vehicle. The Commission seeks comments on these 
proposals.
    6. In proposing the new emission limit, the Commission recognizes 
NRAO's concerns about possible interference, but note that the peak 
limit recommended by Toyota is lower than the current peak limit. This 
reduced limit will increase the level of interference protection 
afforded to RAS systems and other authorized users of the 76-77 GHz 
band. The Commission agrees with TMC's assessment that there is very 
little likelihood that vehicular radar systems operating at either the 
current or proposed limits would cause harmful interference to radio 
astronomy equipment. Accordingly, the Commission believes that there is 
no need to restrict vehicular radar systems based on coordination zones 
or to impose requirements for a GPS-aware automatic cut-off switch as 
proposed by NRAO. The Commission invites comment on this analysis.
    7. The Commission also seeks comment on TMC's request to modify 
Sec.  15.253 of its rules to specify a limit on peak EIRP instead of 
average power density as an alternative to, or in addition to, the 
limits currently specified in the rules. Furthermore, it proposes to 
modify Sec.  15.35(b) of the Commission's rules to reflect the fact 
that the proposed peak emission limit is not 20 dB above the average 
emission limit.
    8. In its petition, Era requests that the Commission amend Sec.  
15.253 of its rules to permit the use of 76-77 GHz unlicensed fixed 
radars at airports for monitoring terrestrial vehicle movements. Era 
contends that when the rules limiting operation to vehicle-mounted 
radars were adopted, there was no practical experience with vehicular 
radars in the 76-77 GHz band, and the rules were made very conservative 
to assure that such radars would not receive interference from other 
users of the band. Era contends that subsequent experience in other 
countries has shown that the requirement that radars operate only on 
moving vehicles is overly restrictive. It requests that the Commission 
relax this requirement and suggests several alternative approaches for 
modifying the rules to allow fixed radar use, primarily at airports. 
The suggested approaches are: (1) Limit fixed radars to airports and 
other applications that do not illuminate public roads; (2) require 
either compliance with the ETSI standard or strict compatibility 
testing for any system that illuminates public roads; or (3) mandate 
compliance with the ETSI standard for all 76 GHz radar systems. Era 
does not express a preference for which of these approaches it believes 
the Commission should adopt.
    9. The Commission agrees with Era that the current rules should be 
relaxed to allow the operation of fixed radars in the 76-77 GHz band on 
an unlicensed basis. It therefore proposes to permit fixed radars to 
operate in the 76-77 GHz band in addition to vehicular radar systems, 
and to require that such fixed radar systems meet the proposed limits 
for vehicular radar systems as well as the maximum permissible RF 
exposure levels set forth in the rules. The Commission believes that, 
based on Era's representations, use of the fixed radar devices in this 
band will enhance public safety by enabling applications such as 
monitoring vehicles on the ground at airports. However, the Commission 
is not proposing to limit operation to monitoring vehicles or to 
specific locations such as airports or other place's where fixed radars 
would not illuminate public roads. The Commission believes that Era's 
suggested alternative approaches and proposals may be overly 
restrictive and could cause unnecessary burdens for the public if 
implemented. Implementation of certain elements of these approaches 
could require licensing and/or coordination that would be burdensome 
for both users of the devices and the Commission with no corresponding 
benefits in terms of reduction of interference potential to licensed 
services or improved co-existence between unlicensed devices. The 
Commission's proposal to permit fixed radar applications is less 
restrictive and could be more beneficial to public than the proposals 
requested by Era. The Commission believes that fixed radars operating 
at the same maximum power levels as vehicle-mounted radars will be less 
likely to interfere with the RAS and Radiolocation services than 
vehicle-mounted radars because the location where they are used would 
not change. The Commission also believes that fixed radars should be 
able to co-exist with vehicular radars because they would both operate 
with the same power level and because both would use antennas with 
narrow beamwidths, thus reducing the chances that the signal from one 
radar would be within the main lobe of the receive antenna of the 
other. In a worst case scenario where two radars are aimed directly at 
each other, fixed radar should have no more impact on a vehicular radar 
system than another vehicular system would.
    10. The Commission seeks comment on whether it should allow 
unlicensed fixed radar applications to operate within the 76-77 GHz 
band, and on the appropriateness of the proposed power levels. The 
Commission also seeks comment on whether there is a need to limit fixed 
radar applications to specific locations such as airports and/or 
locations where they are not aimed at publicly accessible roads as 
suggested by Era, or if some alternative criteria would be more 
appropriate. Commenters recommended operational restrictions such as 
these should also address how they could be practically enforced for 
unlicensed devices. In addition, the Commission seeks comment on 
whether specific technical requirements are necessary to allow co-
existence of fixed and vehicular radars in the 76-77 GHz band (e.g., 
antenna height, operational frequency or power limits), and whether it 
should require fixed or vehicular radars to comply with a standard such 
as the ETSI EN 301 91 standard referenced by Era.

Initial Regulatory Flexibility Analysis

    11. 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 in the NPRM

[[Page 35179]]

for comments. The Commission will send a copy of this 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

    12. This NPRM responds to petitions for rulemaking filed by Toyota 
Motor Corporation (``TMC'') and Era Systems Corporation (``Era'') 
requesting modifications to Sec.  15.253 of the Commission's rules for 
vehicular radar systems operating in the 76-77 GHz band. Vehicular 
radars can determine the exact distance and relative speed of objects 
in front of, beside, or behind a car to improve the driver's ability to 
perceive objects under bad visibility conditions or objects that are in 
blind spots. Some examples of vehicular radar systems include collision 
warning and mitigation systems, blind spot detection systems, lane 
change assist and parking aid systems. The NPRM proposes to eliminate 
the requirement that vehicular radars decrease power when the vehicle 
on which the radar is mounted is stopped, or not in motion, and to 
expand the use of unlicensed 76-77 GHz band radars to fixed 
infrastructure systems. These modifications to the rules will provide 
more efficient use of spectrum, and enable the automotive and fixed 
radar application industries to develop enhanced safety measures for 
drivers and the general public.

B. Legal Basis

    13. 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), 302, 303(f) and (r), 332, 337.

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

    14. 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 rules adopted herein.\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.'' \5\ In addition, the term ``small business'' has the 
same meaning as the term ``small business concern'' under the Small 
Business Act.\6\ 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).\7\
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    \4\ 5 U.S.C. 604(a)(3).
    \5\ 5 U.S.C. 601(6).
    \6\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small-business concern'' in the Small Business Act, 15 U.S.C. 
632). Pursuant to 5 U.S.C. 601(3), 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.''
    \7\ 15 U.S.C. 632.
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    15. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. The Census Bureau defines this category 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.'' \8\ 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.\9\ According to Census Bureau data for 2002, 
there were a total of 1,041 establishments in this category that 
operated for the entire year.\10\ Of this total, 1,010 had employment 
of under 500, and an additional 13 had employment of 500 to 999.\11\ 
Thus, under this size standard, the majority of firms can be considered 
small.
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    \8\ 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.
    \9\ 13 CFR 121.201, NAICS code 334220.
    \10\ 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 was 929.
    \11\ Id. An additional 18 establishments had employment of 1,000 
or more.
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D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    16. Radars operating in the 76-77 GHz band are required to be 
authorized under the Commission's certification procedure as a 
prerequisite to marketing and importation, and the NPRM proposes no 
change to that requirement. However, it proposes to eliminate the 
requirement that a radar must reduce power when a vehicle is not in 
motion and to establish a single emission limit that applies in all 
directions from a vehicle. The NPRM also proposes to permit fixed 
radars to operate in the 76-77 GHz band under the same limits proposed 
for vehicular radar systems.

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

    17. 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.\12\
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    \12\ See 5 U.S.C. 603(c).
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    18. The proposals contained in this NPRM are deregulatory in 
nature, which we expect will simplify compliance requirements for all 
parties, particularly small entities, and permit the development of 
improved radar systems. Elimination of requirement for radars to reduce 
power when a vehicle is not in motion will simplify equipment design, 
and establishment of a single emission limit that applies in all 
directions from a vehicle would allow the development of omni-
directional monitoring systems. Permitting fixed radar devices in the 
76-77 GHz band would enable the development of applications such as 
monitoring the movement of vehicles on the ground at airports.

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

    19. None.

[[Page 35180]]

Ordering Clauses
    20. Pursuant to Sec. Sec.  1, 4, 301, 302(a), and 303(b), (c) and 
(f) of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154, 
301, 302a(a), and 303(b), (c) and (f), the notice of proposed 
rulemaking is hereby adopted.
    21. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of the notice of 
proposed rulemaking, including the Initial Regulatory Flexibility 
Certification, to the Chief Counsel for Advocacy of the Small Business 
Administration.
    22. 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, 301, and 
303(f), that this Notice of Proposed Rulemaking is hereby adopted.
    23. 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.

List of Subjects in 47 CFR Part 15

    Communications equipment, Radio.


Federal Communications Commission.
Marlene H. Dortch,
Secretary.

    For the reasons set forth in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 15 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 15.35 is amended by revising paragraph (b) to read as 
follows:


Sec.  15.35  Measurement detector functions and bandwidths.

* * * * *
    (b) Unless otherwise specified, on any frequency or frequencies 
above 1000 MHz, the radiated emission limits are based on the use of 
measurement instrumentation employing an average detector function. 
Unless otherwise specified, measurements above 1000 MHz shall be 
performed using a minimum resolution bandwidth of 1 MHz. When average 
radiated emission measurements are specified in this part, including 
average emission measurements below 1000 MHz, there also is a limit on 
the peak level of the radio frequency emissions. Unless otherwise 
specified, e.g., see Sec. Sec.  15.250, 15.252, 15.253(b), 15.255, and 
15.509 through 15.519, the limit on peak radio frequency emissions is 
20 dB above the maximum permitted average emission limit applicable to 
the equipment under test. This peak limit applies to the total peak 
emission level radiated by the device, e.g., the total peak power 
level. Note that the use of a pulse desensitization correction factor 
may be needed to determine the total peak emission level. The 
instruction manual or application note for the measurement instrument 
should be consulted for determining pulse desensitization factors, as 
necessary.
* * * * *
    3. Section 15.253 is revised to read as follows:


Sec.  15.253  Operation within the bands 46.7-46.9 GHz and 76.0-77.0 
GHz.

    (a) Operation within the band 46.7-46.9 GHz is restricted to 
vehicle-mounted field disturbance sensors used as vehicle radar 
systems. The transmission of additional information, such as data, is 
permitted provided the primary mode of operation is as a vehicle-
mounted field disturbance sensor. Operation under the provisions of 
this section is not permitted on aircraft or satellites.
    (1) The radiated emission limits within the bands 46.7-46.9 GHz are 
as follows:
    (i) If the vehicle is not in motion, the power density of any 
emission within the bands specified in this section shall not exceed 
200 nW/cm\2\ at a distance of 3 meters from the exterior surface of the 
radiating structure.
    (ii) For forward-looking vehicle mounted field disturbance sensors, 
if the vehicle is in motion the power density of any emission within 
the bands specified in this section shall not exceed 60 [mu]W/cm\2\ at 
a distance of 3 meters from the exterior surface of the radiating 
structure.
    (iii) For side-looking or rear-looking vehicle-mounted field 
disturbance sensors, if the vehicle is in motion the power density of 
any emission within the bands specified in this section shall not 
exceed 30 [mu]W/cm\2\ at a distance of 3 meters from the exterior 
surface of the radiating structure.
    (iv) The provisions in Sec.  15.35 limiting peak emissions apply.
    (2) [Reserved]
    (b) Operation within the band 76.0-77.0 GHz is restricted to 
vehicle-mounted field disturbance sensors used as vehicle radar systems 
and to fixed radar systems. The transmission of additional information, 
such as data, is permitted provided the primary mode of operation is as 
a vehicle-mounted field disturbance sensor or as a fixed field 
disturbance sensor. Operation under the provisions of this section is 
not permitted on aircraft or satellites.
    (1) The radiated emission limits within the bands 76.0-77.0 GHz are 
as follows:
    (i) The average power density of any emission within the bands 
specified in this section shall not exceed 88 [micro]W/cm\2\ at a 
distance of 3 meters from the exterior surface of the radiating 
structure.
    (ii) The peak power density of any emission within the bands 
specified in this section shall not exceed 279 [micro]W/cm\2\ at a 
distance of 3 meters from the exterior surface of the radiating 
structure.
    (2) [Reserved]
    (c) The power density of any emissions outside the operating band 
shall consist solely of spurious emissions and shall not exceed the 
following:
    (1) Radiated emissions below 40 GHz shall not exceed the general 
limits in Sec.  15.209.
    (2) Radiated emissions outside the operating band and between 40 
GHz and 200 GHz shall not exceed the following:
    (i) For field disturbance sensors operating in the band 46.7-46.9 
GHz:
    2 pW/cm\2\ at a distance of 3 meters from the exterior surface of 
the radiating structure.
    (ii) For field disturbance sensors operating in the band 76-77 GHz:
    600 pW/cm\2\ at a distance of 3 meters from the exterior surface of 
the radiating structure.
    (3) For radiated emissions above 200 GHz from field disturbance 
sensors operating in the 76-77 GHz band: The power density of any 
emission shall not exceed 1000 pW/cm\2\ at a distance of 3 meters from 
the exterior surface of the radiating structure.
    (4) For field disturbance sensors operating in the 76-77 GHz band, 
the spectrum shall be investigated up to 231 GHz.
    (d) Fundamental emissions must be contained within the frequency 
bands specified in this section during all conditions of operation. 
Equipment is presumed to operate over the temperature range -20 to +50 
degrees Celsius with an input voltage variation of 85% to 115% of rated 
input voltage, unless justification is presented to demonstrate 
otherwise.
    (e) Regardless of the power density levels permitted under this 
section, devices operating under the provisions of this section are 
subject to the radiofrequency radiation exposure

[[Page 35181]]

requirements specified in Sec. Sec.  1.1307(b), 2.1091 and 2.1093 of 
this chapter, as appropriate. Applications for equipment authorization 
of devices operating under this section must contain a statement 
confirming compliance with these requirements for both fundamental 
emissions and unwanted emissions. Technical information showing the 
basis for this statement must be submitted to the Commission upon 
request.

[FR Doc. 2011-14744 Filed 6-15-11; 8:45 am]
BILLING CODE 6712-01-P