[Federal Register Volume 77, Number 141 (Monday, July 23, 2012)]
[Rules and Regulations]
[Pages 43008-43014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17793]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket No. 10-97; FCC 12-33]


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

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document modifies the rules governing the operation of 
Unlicensed Personal Communications Service (UPCS) devices in the 1920-
1930 MHz band (UPCS band) to promote more efficient use of the UPCS 
band and to facilitate the introduction of a new generation of 
unlicensed devices capable of supporting broadband connectivity using 
Digital Enhanced Cordless Telecommunications (DECT) technology.

DATES: Effective August 22, 2012. The incorporation by reference listed 
in the rule is approved by the Director of the Federal Register as of 
August 22, 2012.

FOR FURTHER INFORMATION CONTACT: Patrick Forster, (202) 418-7061, 
Policy and Rules Division, Office of Engineering and Technology, (202) 
418-2290, [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, ET Docket No. 10-97, adopted March 22, 2012, and released 
March 23, 2012, FCC 12-33. The full text of this document is available 
on the Commission's Internet site at www.fcc.gov. It is also available 
for inspection and copying during regular business hours in the FCC 
Reference Center (Room CY-A257), 445 12th Street SW., Washington, DC 
20554. The full text of this document also may be purchased from the 
Commission's duplication contractor, Best Copy and Printing Inc., 
Portals II, 445 12th St. SW., Room CY-B402, Washington, DC 20554; 
telephone (202) 488-5300; fax (202) 488-5563; email [email protected].

Summary of the Report and Order

    1. The Report and Order modifies part 15 of the rules governing the 
operation of Unlicensed Personal Communications Service (UPCS) devices 
in the 1920-1930 MHz band (UPCS band) to promote more efficient use of 
the UPCS band and to facilitate the introduction of a new generation of 
unlicensed devices capable of supporting broadband connectivity using 
Digital Enhanced Cordless Telecommunications (DECT) technology. 
Specifically, the Commission eliminated the least-interfered channel 
monitoring threshold for UPCS devices and reduced the number of duplex 
system access channels that a UPCS device must define and monitor from 
40 to 20 channels in order to use the least-interfered channel access 
method. These changes will provide UPCS devices, particularly those 
designed to transmit with wider bandwidths but that define fewer than 
40 channels, access to more usable channels (i.e., combined time and 
spectrum windows) than are permitted under the existing rules, and 
unleash innovative cordless broadband technologies in the UPCS band, 
while limiting the potential for causing interference to other devices. 
The Commission also modified the rules to remove outdated provisions 
and to make other minor updates.

Background

    2. The 1920-1930 MHz band is allocated to Fixed and Mobile services 
on a primary basis and is designated for use by UPCS devices on an 
unlicensed basis. Currently, the primary use of the 1920-1930 MHz band 
is for unlicensed cordless telephones that operate under part 15 of the 
Commission's rules. The part 15 rules provide that the 1920-1930 MHz 
band may be used for both asynchronous (generally data) and isochronous 
(generally voice) UPCS devices, with maximum and minimum emission 
bandwidths of 2.5 megahertz and 50 kilohertz, respectively. UPCS 
devices operating in the 1920-1930 MHz band may not cause harmful 
interference to authorized radio services and must accept any 
interference received.
    3. To facilitate the sharing of spectrum in the UPCS band, the 
current rules require use of a ``spectrum etiquette'' that specifies a 
process for monitoring the time and spectrum windows that a 
transmission is intended to occupy for signals above a defined 
threshold (a ``listen-before-transmit'' protocol). To protect UPCS 
devices already using particular time and spectrum windows from 
transmissions from another device, each UPCS device must monitor the 
combined time and spectrum windows that it intends to use before 
beginning transmissions and to defer use or find other spectrum windows 
if the monitored signal level is above the threshold. Transmissions may 
commence with the same emission bandwidth in the monitored time and 
spectrum windows without further monitoring if no signal greater than 
30 decibels (dB) above thermal noise is detected. Alternatively, if the 
UPCS system defines at least 40 duplex system access channels, a UPCS 
device may access, if available, time and spectrum windows with the 
lowest signal level below a threshold of 50 dB above thermal noise 
(henceforth referred to as the ``least-interfered channel access 
method''). If the initially selected combined time and spectrum windows 
are unavailable, the UPCS device may either monitor and select 
different windows or seek to use the same windows after waiting a 
randomly chosen amount of time between 10 and 150 milliseconds.
    4. On May 6, 2010, the Commission adopted a Notice of Proposed 
Rulemaking (UPCS Band NPRM) in this proceeding that proposed changes 
designed to allow UPCS devices to access additional usable channels. 
The Commission took this action in response to a petition for 
rulemaking filed by the DECT Forum, an industry association

[[Page 43009]]

that promotes digital cordless radio technology for short-distance 
voice and data applications. In the UPCS Band NPRM, the Commission 
proposed to increase the least-interfered channel monitoring threshold 
from 50 to 65 dB above thermal noise and sought comment on whether some 
alternative value or elimination of the threshold would be more 
appropriate. The Commission also proposed to reduce the number of 
channels that must be defined and monitored under the least-interfered 
channel access method from 40 to 20 channels. It additionally sought 
comment on removing Sec. Sec.  15.303(b) and (e), 15.307, and 15.311 
regarding coordination with UTAM, Inc., since the relocation of 
incumbent fixed services from the UPCS band is now complete. The 
Commission further sought comment on a number of proposed updates to 
the part 15 UPCS rules regarding measurement procedures and 
definitions. Eight parties filed comments in response to the UPCS Band 
NPRM; these parties all strongly supported the Commission's proposals. 
No parties filed reply comments.

Discussion

    5. The Commission decided to eliminate the 50 dB above thermal 
noise monitoring threshold for UPCS devices. Without this threshold, 
after monitoring the required minimum number of channels, UPCS devices 
may use available combined time and spectrum windows with the lowest 
signal level, rather than using only those windows with the lowest 
signal level below 50 dB above thermal noise. Coupled with a reduction 
in the number of channels from 40 to 20 that must be defined and 
monitored, elimination of this threshold will permit greater 
utilization of the UPCS band. For example, manufacturers could optimize 
cordless telephones for higher-density applications, such as office 
environments. These changes are also expected to encourage 
manufacturers to introduce innovative products and services using 
Internet protocol connectivity to combine access to broadband and 
telephony applications in a new generation of cordless devices.
    6. First, the Commission concluded that the 50 dB above thermal 
noise least-interfered channel monitoring threshold for UPCS devices 
operating in the 1920-1930 MHz band should be eliminated. Eliminating 
the least-interfered channel monitoring threshold will allow UPCS 
devices to use additional time and spectrum windows with higher signal 
levels, which will allow access to more usable time and spectrum 
windows than under the current rule, thereby increasing the flexibility 
for innovation, utilization, and efficiency of the UPCS band. Further, 
this change will not inhibit the ability of UPCS devices to access 
available time and spectrum windows. Moreover, eliminating, instead of 
just increasing the monitoring threshold, will provide manufacturers 
with the flexibility to produce UPCS systems that can operate with the 
maximum possible traffic capacity and thereby maximize the utilization 
of the UPCS band. The Commission agreed with commenters that a higher 
monitoring threshold would not result in an increase in interference 
due to the path-loss and propagation characteristics of existing UPCS 
deployments and because UPCS devices are designed to use minimal power 
at all times. Finally, the Commission noted that although the DECT 
standard, which is used in over 100 countries, including all European 
countries, defines an upper signal limit at which a channel is 
considered busy and should not be used, it has no upper power threshold 
on least-interfered channels, and it appears that devices are operating 
under rules similar to those that the Commission adopted in this 
proceeding without experiencing interference problems.
    7. Without a predetermined maximum threshold, manufacturers will 
also have the flexibility to select an appropriate threshold in order 
to prevent harmful interference to other UPCS devices. The Commission 
expects that UPCS devices will continue to operate using the DECT 
standard, which includes a listen-before-transmit protocol, and that 
UPCS devices will continue to monitor the desired channels to avoid 
causing harmful interference to other UPCS devices. Thus, they will not 
interfere with each other once a device is transmitting on a channel. 
Because UPCS devices operate at relatively low power levels, two 
devices would need to be within less than 1 foot of each other to 
impact one another. Thus, the probability of interference occurring 
among UPCS devices operating without a monitoring threshold or between 
such devices and those operating under the existing monitoring 
threshold will remain low. Although eliminating the maximum monitoring 
threshold could, in some cases, result in an increased number of UPCS 
devices operating simultaneously in a given location, they would be 
operating with relatively low peak transmitter power and out-of-band 
emissions limits. Thus, relatively higher-power Advanced Wireless 
Service and Personal Communications Service devices (either fixed or 
mobile) receiving in the adjacent 1915-1920 MHz and 1930-1990 MHz 
bands, respectively, will not experience harmful interference in such 
cases.
    8. Second, the Commission concluded that the minimum number of 
channels that must be defined and monitored under the least-interfered 
channel access method can be reduced from 40 to 20 channels without 
posing an additional risk of interference to adjacent band or in-band 
operations, nor inhibiting the ability of UPCS devices to access 
available channels. Reducing the required number of channels that must 
be defined and monitored to 20 channels will enable UPCS devices that 
define fewer than 40 channels (i.e., use wider emission bandwidths) to 
use the least-interfered channel access method and access additional 
usable channels, and thereby encourage manufacturers to produce 
cordless products that can provide access to broadband technologies. 
This action will serve the public interest by promoting increased use 
of the UPCS band for advanced services and allowing state-of-the-art 
UPCS devices that can provide higher throughputs (i.e., data rates) to 
operate under the least-interfered channel access method, thereby 
further improving the efficiency and utilization of the UPCS band, 
while maintaining equal access to the available spectrum on a shared 
basis for all users.
    9. In addition, the Commission took several actions to update the 
rules in other ways. It modified the part 15 UPCS rules to reflect that 
UPCS devices no longer need to protect fixed microwave incumbents in 
the 1920-1930 MHz band and are no longer coordinated by UTAM, Inc. 
Because the rules to transition the 1920-1930 MHz band from incumbent 
fixed microwave operations to UPCS use sunset in 2005, there is no 
longer a need for Sec.  15.307(a) and (c)-(h), which sets forth the 
expired coordination requirements. Furthermore, because UPCS devices 
are no longer coordinated by UTAM, Inc., the definitions in Sec.  
15.303(b) and (e) that were applicable when UPCS devices were either 
coordinatable or non-coordinatable and the UTAM Inc.-related labeling 
requirement in Sec.  15.311 are no longer necessary. Thus, the 
Commission eliminated Sec. Sec.  15.303(b) and (e), 15.307(a) and (c) 
through (h), and 15.311 of the rules.
    10. The Commission maintained that each applicant for FCC equipment 
authorization of a UPCS-band device must be a participating member of 
UTAM, Inc. and retained the UTAM, Inc. membership requirement for UPCS-
band device manufacturers in Sec.  15.307(b). Under the relocation

[[Page 43010]]

funding plan approved by the Commission, UTAM, Inc., acting on behalf 
of future unlicensed PCS manufacturers in the 1910-1930 MHz band, paid 
to relocate or agreed to share the costs to relocate incumbent services 
in the band, and future band entrants would reimburse it for their 
share of those incurred costs. UTAM, Inc. informed the Commission that 
it has outstanding contractual liabilities from clearing the 1910-1930 
MHz band of incumbent microwave stations. Although UTAM, Inc. expects 
that the cost-sharing reimbursement(s) that it will eventually receive 
from the Advanced Wireless Service (AWS) licensee(s) of the 1915-1920 
MHz band will enable it to pay these outstanding liabilities, it must 
remain in existence until these liabilities are paid. UTAM, Inc. 
submitted that for it to remain in existence, the Commission cannot 
eliminate the membership requirement because membership fees are its 
sole source of operating revenue. UTAM, Inc. argued that if the 
membership requirement were eliminated, it would inequitably place the 
costs of maintaining UTAM, Inc. on existing members, thereby 
undermining the original purpose of Sec.  15.307(b) to equitably 
distribute the costs of clearing the 1910-1930 MHz band across the 
manufacturers producing devices that operate in the band. The 
Commission determined that cost sharing was integral to clearing the 
UPCS band of incumbent services so new unlicensed devices could be 
introduced in the band. UTAM, Inc. made a persuasive case that it had 
incurred obligations, as a result of the UPCS band clearing, that have 
not been satisfied. The Commission concluded that, if it were to 
eliminate the membership requirement, there would be no mechanism to 
ensure that outstanding cost sharing obligations are satisfied. The 
UPCS Band NPRM proposed no alternative that would equitability 
distribute these obligations among all manufacturers of equipment in 
the band, including those who would introduce new products in the band 
in the future. For these reasons, the Commission decided to maintain 
the UTAM, Inc. membership requirement for UPCS-band device 
manufacturers contained in Section 15.307(b).
    11. The Commission also corrected the part 15 UPCS rules to make 
them consistent with previous Commission decisions affecting these 
rules. Specifically, it removed the definition in Sec.  15.303(i) that 
was applicable when asynchronous and isochronous operations were in 
separate sub-bands; amended Sec.  15.319 to specifically state that 
both asynchronous and isochronous operations are permitted in the 1920-
1930 MHz band, consistent with the decision in the AWS Sixth R&O 
revised Sec.  15.323 to correct a typographical error in the second 
sentence of paragraph (a) and corrected paragraphs (d) and (e) to 
reference ``bands'' instead of ``sub-bands.'' In addition, the 
Commission amended Sec. Sec.  15.31(a)(2) and 15.38(b)(12) of the rules 
to reference the latest version of the ANSI C63.17-2006 standard by 
which UPCS devices must be measured for compliance with the 
requirements in part 15 Subpart D of the rules.
    12. To help ensure that the UPCS device rules continue to reflect 
the most appropriate industry standards, the Commission delegated to 
the Chief, Office of Engineering and Technology (OET), the authority to 
approve for use new versions of the ANSI C63.17 standard for methods of 
measurement of the electromagnetic and operational compatibility of 
UPCS devices to the extent that the changes do not raise major 
compliance issues. At the same time, the Commission recognized the 
necessity to provide opportunity for notice and comment on any changes 
or modifications that could affect compliance with our regulations. 
Therefore, in cases where major changes have been made in this standard 
that could affect compliance, the Commission will initiate an 
appropriate rulemaking proceeding to consider adoption of updated 
versions of the ANSI C63.17 standard.

Final Regulatory Flexibility Analysis

    13. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA),\1\ an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Notice of Proposed Rulemaking (Unlicensed Personal 
Communications Service (UPCS) Band NPRM) in ET Docket No. 10-97.\2\ The 
Commission sought written public comment on the proposals in the UPCS 
Band NPRM, including comment on the IRFA. This present Final Regulatory 
Flexibility Analysis (FRFA) conforms to the RFA.\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 Amendment of Part 15 of the Commission's Rules Regarding 
Unlicensed Personal Communications Service Devices in the 1920-1930 
MHz Band, ET Docket No. 10-97, RM-11485, Notice of Proposed 
Rulemaking, 25 FCC Rcd 5118, 5132-36 (2010) (UPCS Band NPRM).
    \3\ See 5 U.S.C. 604.
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A. Need for, and Objectives of, the Report and Order

    14. In this Report and Order, the Commission took steps to improve 
the operation of unlicensed Personal Communications Services (UPCS) 
devices operating in the 1920-1930 MHz band (known as the UPCS band), 
while limiting the potential for in-band and adjacent-band interference 
and maintaining equal access to the available spectrum on a shared 
basis for all users.
    15. In this Report and Order, the objectives of the Commission were 
to improve the utilization of the UPCS band by allowing access to 
additional usable time and spectrum windows whose use is restricted 
under the current rules, to reduce infrastructure costs through 
allowing a greater density of UPCS devices to be used with fewer base 
stations, and to allow UPCS devices that use wider bandwidth channels, 
but define and monitor fewer than 40 channels, to use the UPCS least-
interfered channel access method and access additional usable time and 
spectrum windows. Specifically, the Commission eliminated the 50 dB 
above thermal noise signal threshold that UPCS devices must monitor 
when using the least-interfered channel access method. Under this 
method, UPCS devices would survey the required minimum number of 
channels and use the combined time and spectrum windows with the lowest 
signal level, instead of using only the windows with the lowest signal 
level below 50 dB above thermal noise. The Commission also reduced 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. In 
addition, this Report and Order updated the part 15 UPCS rules to 
reflect that UPCS devices no longer need to protect incumbent fixed 
microwave radio stations in the 1920-1930 MHz band and are no longer 
coordinated by UTAM, Inc., and to make them consistent with previous 
changes to the rules.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    16. No public comments were received in response to the IRFA in the 
UPCS Band NPRM.

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

    17. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of

[[Page 43011]]

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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    18. Nationwide, there are a total of approximately 27.5 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\ The Commission 
estimates that, of this total, 84,377 entities were ``small 
governmental jurisdictions.'' \12\ Thus, the Commission estimates that 
most governmental jurisdictions are small.
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    \7\ See SBA, Office of Advocacy, ``Frequently Asked Questions,'' 
http://www.sba.gov/advo/stats/sbfaq.pdf (accessed Dec. 2010).
    \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\ The Commission assumes 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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    19. The changes adopted in this Report and Order 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. The Commission 
notes, however, that the common carrier microwave fixed licensee 
category includes some large entities.
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    \13\ See 47 CFR part 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 band 1920-1930 MHz that provide a wide array 
of mobile and ancillary fixed communication services to individuals and 
businesses. The Report and Order 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\ 
Census data for 2007, which supersede data contained in the 2002 
Census, show that there were 1,383 firms that operated that year.\20\ 
Of those 1,383, 1,368 had fewer than 100 employees, and 15 firms had 
more than 100 employees. Thus, under this category and the associated 
small business size standard, the majority of firms can be considered 
small.
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    \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, 2007 Economic Census, Sector 51, 2007 
NAICS code 517210 (rel. Oct. 20, 2009), http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-fds_name=EC0700A1&-_skip=700&-ds_name=EC0751SSSZ5&-_lang=en.
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    Wireless Equipment Manufacturers. The industry comprises businesses 
primarily engaged in manufacturing radios 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.\21\ In this category, the SBA has deemed a 
business manufacturing radio and television broadcasting equipment, 
wireless telecommunications equipment, or both, to be small if it has 
fewer than 750 employees.\22\ For this category of

[[Page 43012]]

manufacturing, Census data for 2007 show that there were 919 firms that 
operated that year. Of those establishments, 531 had between 1 and 19 
employees; 240 had between 20 and 99 employees; and 148 had more than 
100 employees.\23\ Since 771 establishments had less than 100 
employees, and since only 148 had more than 100 employees, the vast 
majority of manufacturers in this category would be considered small 
under applicable standards.
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    \21\ http://www.census.gov/econ/industry/def/d334220.htm.
    \22\ 13 CFR 121.201, NAICS Code 334220.
    \23\ http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=300&-ds_name=EC0731I1&-_lang=en.
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    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).\24\ Prior to 
that time, such firms were within the now-superseded category of 
``Paging'' and ``Cellular and Other Wireless Telecommunications.''\25\ 
Under the present and prior categories, the SBA has deemed a wireless 
business to be small if it has 1,500 or fewer employees.\26\ Census 
data for 2007, which supersede data contained in the 2002 Census, show 
that there were 1,383 firms that operated that year.\27\ Of those 
1,383, 1,368 had fewer than 100 employees, and 15 firms had more than 
100 employees. Thus, under this category and the associated small 
business size standard, the majority of firms can be considered small.
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    \24\ U.S. Census Bureau, 2007 NAICS Definitions, ``517210 
Wireless Telecommunications Categories (Except Satellite)''; http://www.census.gov/naics/2007/def/ND517210.HTM#N517210.
    \25\ 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.
    \26\ 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).
    \27\ U.S. Census Bureau, 2007 Economic Census, Sector 51, 2007 
NAICS code 517210 (rel. Oct. 20, 2009), http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-fds_name=EC0700A1&-_skip=700&-ds_name=EC0751SSSZ5&-_lang=en.
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D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    20. This Report and Order allows additional flexibility for UPCS 
devices operating in the 1920-1930 MHz band by eliminating the signal 
threshold that a UPCS device must monitor when using the least-
interfered channel access method. In addition, the Report and Order 
reduces 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. This 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

    21. 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.\28\
---------------------------------------------------------------------------

    \28\ 5 U.S.C. 603(c).
---------------------------------------------------------------------------

    22. The Commission's principal objective in this proceeding was to 
increase the efficiency and utilization of the UPCS band. By 
eliminating the signal threshold that a UPCS device must monitor under 
the least-interfered channel access method, we allow UPCS devices to 
access additional usable combined time and spectrum windows in the 
1920-1930 MHz band that are restricted from use under the current 
rules. The Commission's decision 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 will enable UPCS devices that 
can provide advanced cordless technologies and higher data rates to use 
the least-interfered channel access method and access additional usable 
time and spectrum windows, if available. Together, these changes will 
increase the utilization and efficiency of the UPCS band and promote 
the introduction of innovative products and services using Internet 
protocol connectivity to combine access to broadband and telephony 
applications in a new generation of cordless devices. Elimination of 
the least-interfered channel monitoring threshold will also allow 
manufacturers to design their devices based on density of devices, 
rather than range, depending on the needs of users, thereby allowing 
more UPCS devices to operate within close proximity to one another, 
which will reduce the infrastructure costs for a UPCS system. Finally, 
the Commission's decision to eliminate rather than just increase the 
least-interfered channel monitoring threshold will provide 
manufacturers with the flexibility to produce UPCS systems that can 
operate with the maximum possible traffic capacity, which will maximize 
the utilization of the UPCS band.
    23. Report to Congress: The Commission will send a copy of the 
Report and Order, including this FRFA, in a report to be sent to 
Congress pursuant to the Congressional Review Act.\29\ In addition, the 
Commission will send a copy of the Report and Order, including this 
FRFA, to the Chief Counsel for Advocacy of the SBA.
---------------------------------------------------------------------------

    \29\ See 5 U.S.C. 801(a)(1)(A).
---------------------------------------------------------------------------

Paperwork Reduction Analysis

    24. This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13.

Congressional Review Act

    25. The Commission will send a copy of this Report and Order, in a 
report to be sent to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

Ordering Clauses

    26. Pursuant to Sections 4(i), 302, 303(e), 303(f), and 307 of the 
Communications Act of 1934, as amended, 47 U.S.C. Sec. Sec.  154(i), 
302a, 303(e), 303(f), and 307, that this Report and Order in ET Docket 
No. 10-97 is hereby adopted, and Part 15 of the Commission's rules IS 
amended as set forth in Final Rules effective August 22, 2012.
    27. The Chief, Office of Engineering and Technology (OET), is 
delegated authority to approve for use new versions of the ANSI C63.17 
standard for methods of measurement of UPCS devices to the extent that 
the changes do not raise major compliance issues.
    28. The Consumer and Governmental Affairs Bureau, Reference 
Information Center, shall send a copy of this Report and Order, 
including the Final Regulatory Flexibility Certification, to the Chief 
Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 15

    Communications equipment, Incorporation by reference, Radio, 
Reporting and recordkeeping.


[[Page 43013]]


Federal Communications Commission.

Sheryl D. Todd,
Deputy Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 15 to read as follows:

PART 15--RADIO FREQUENCY DEVICES

0
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.


0
2. Section 15.31 is amended by revising paragraph (a)(2) to read as 
follows:


Sec.  15.31   Measurement standards.

    (a) * * *
    (2) Unlicensed Personal Communication Service (UPCS) devices are to 
be measured for compliance using ANSI C63.17-2006 (incorporated by 
reference, see Sec.  15.38).
* * * * *

0
3. Section 15.38 is revised to read as follows:


Sec.  15.38  Incorporation by reference.

    (a) The materials listed in this section are incorporated by 
reference in this part. These incorporations by reference were approved 
by the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. These materials are incorporated as they 
exist on the date of the approval, and notice of any change in these 
materials will be published in the Federal Register. The materials are 
available for purchase at the corresponding addresses as noted, and all 
are available for inspection at the Federal Communications Commission, 
445 12th St. SW., Reference Information Center, Room CY-A257, 
Washington, DC 20554, (202) 418-0270, and at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) The following documents are available from the following 
address: American National Standards Institute (ANSI), 25 West 43rd 
Street, 4th Floor, New York, NY 10036, (212) 642-4900,or at http://webstore.ansi.org/ansidocstore/default.asp;
    (1) ANSI C63.4-2003: ``Methods of Measurement of Radio-Noise 
Emissions from Low-Voltage Electrical and Electronic Equipment in the 
Range of 9 kHz to 40 GHz,'' 2003, IBR approved for Sec.  15.31, except 
for sections 4.1, 5.2, 5.7, 9 and 14.
    (2) ANSI C63.17-2006: ``Methods of Measurement of the 
Electromagnetic and Operational Compatibility of Unlicensed Personal 
Communications Services (UPCS) Devices'', approved June 28 2006, IBR 
approved for Sec.  15.31.
    (3) Third Edition of the International Special Committee on Radio 
Interference (CISPR), Pub. 22, ``Information Technology Equipment--
Radio Disturbance Characteristics--Limits and Methods of Measurement,'' 
1997, IBR approved for Sec.  15.109.
    (c) The following documents are available from the following 
address: Cable Television Laboratories, Inc., 858 Coal Creek Circle, 
Louisville, Colorado, 80027, http://www.cablelabs.com/opencable/udcp, 
(303) 661-9100;
    (1) M-UDCP-PICS-I04-080225, ``Uni-Directional Cable Product 
Supporting M-Card: Multiple Profiles; Conformance Checklist: PICS,'' 
February 25, 2008, IBR approved for Sec.  15.123(c).
    (2) TP-ATP-M-UDCP-I05-20080304, ``Uni-Directional Digital Cable 
Products Supporting M-Card; M-UDCP Device Acceptance Test Plan,'' March 
4, 2008, IBR approved for Sec.  15.123(c).
    (d) The following documents are available from the following 
address: Consumer Electronics Association, 1919 S. Eads St., Arlington; 
VA 22202, http://www.ce.org/Standards/Standard-Listings.aspx, (703) 
907-7634.
    (1) CEA-542-B: ``CEA Standard: Cable Television Channel 
Identification Plan,'' July 2003, IBR approved for Sec.  15.118.
    (2) CEA-766-A: ``U.S. and Canadian Region Rating Tables (RRT) and 
Content Advisory Descriptors for Transport of Content Advisory 
Information using ATSC A/65-A Program and System Information Protocol 
(PSIP),'' April 2001, IBR approved for Sec.  15.120.
    (3) Uni-Dir-PICS-I01-030903: ``Uni-Directional Receiving Device: 
Conformance Checklist: PICS Proforma,'' September 3, 2003, IBR approved 
for Sec.  15.123(c).
    (4) Uni-Dir-ATP-I02-040225: ``Uni-Directional Receiving Device, 
Acceptance Test Plan,'' February 25, 2004, IBR approved for Sec.  
15.123(c).
    (e) The following documents are available from the following 
address: Global Engineering Documents, 15 Inverness Way East, 
Englewood, CO 80112, (800) 854-7179, or at http://global.ihs.com;
    (1) EIA-608: ``Recommended Practice for Line 21 Data Service,'' 
1994, IBR approved for Sec.  15.120.
    (2) EIA-744: ``Transport of Content Advisory Information Using 
Extended Data Service (XDS),'' 1997, IBR approved for Sec.  15.120.
    (f) The following documents are available from the following 
addresses: Society of Cable Telecommunications Engineers (SCTE) c/o 
Global Engineering Documents, 15 Inverness Way East, Englewood, 
Colorado 80112 or the American National Standards Institute, 25 West 
43rd Street, Fourth Floor, New York, NY 10036 or at http://www.scte.org/standards/index.cfm;
    (1) SCTE 28 2003 (formerly DVS 295): ``Host-POD Interface 
Standard,'' 2003, IBR approved for Sec.  15.123.
    (2) SCTE 40 2003 (formerly DVS 313): ``Digital Cable Network 
Interface Standard,'' 2003, IBR approved for Sec.  15.123.
    (3) SCTE 41 2003 (formerly DVS 301): ``POD Copy Protection 
System,'' 2003, IBR approved for Sec.  15.123.
    (4) ANSI/SCTE 54 2003 (formerly DVS 241): ``Digital Video Service 
Multiplex and Transport System Standard for Cable Television,'' 2003, 
IBR approved for Sec.  15.123.
    (5) ANSI/SCTE 65 2002 (formerly DVS 234): ``Service Information 
Delivered Out-of-Band for Digital Cable Television,'' 2002, IBR 
approved for Sec.  15.123.


Sec.  15.303  [Amended]

0
4. Section 15.303 is amended by removing paragraphs (b), (e), (i), and 
removing the paragraph designations from the remaining paragraphs.


Sec.  15.307  [Amended]

0
5. Section 15.307 is amended by removing paragraphs (a) and (c) through 
(h), and removing the paragraph designation from paragraph (b).


Sec.  15.311  [Removed]

0
6. Section 15.311 is removed from subpart D.

0
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.
* * * * *

0
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

[[Page 43014]]

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 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 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 
communication 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. 2012-17793 Filed 7-20-12; 8:45 am]
BILLING CODE 6712-01-P