[Federal Register Volume 77, Number 156 (Monday, August 13, 2012)]
[Rules and Regulations]
[Pages 48097-48102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19732]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket Nos. 11-90 and 10-28, RM-11555; FCC 12-72]


Operation of Radar Systems in the 76-77 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends the Commission's rules to provide a more 
efficient use of the 76-77 GHz band, and to enable the automotive and 
aviation industries to develop enhanced safety measures for drivers and 
the general public. Specifically, the Commission is eliminating the in-
motion and not-in-motion distinction for vehicular radars, and instead 
adopting new uniform emission limits for forward, side, and rear-
looking vehicular radars. This will facilitate enhanced vehicular radar 
technologies to improve collision avoidance and driver safety. The 
Commission is also amending its rules to allow the operation of fixed 
radars at airport locations in the 76-77 GHz band for purposes of 
detecting foreign object debris on runways and monitoring aircraft and 
service vehicles on taxiways and other airport vehicle service areas 
that have no public vehicle access. The Commission takes this action in 
response to petitions for rulemaking filed by Toyota Motor Corporation 
(``TMC'') and Era Systems Corporation (``Era'').

DATES: Effective September 12, 2012.

FOR FURTHER INFORMATION CONTACT: Aamer Zain, Office of Engineering and 
Technology, 202-418-2437, [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, ET Docket Nos. 11-90, 10-28, FCC 11-171, adopted July 3, 
2012 and released July 5, 2012. 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: www.fcc.gov. People 
with Disabilities: To request materials in accessible formats for 
people with disabilities (braille, large print, electronic files, audio 
format), send an email to [email protected] or call the Consumer & 
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 
(tty).

Summary of Report and Order

    1. In the Report and Order (Order), the Commission modified 
Sec. Sec.  15.35 and 15.253 of the rules to enable enhanced vehicular 
radar technologies in the 76-

[[Page 48098]]

77 GHz band for improved collision avoidance and driver safety and to 
allow fixed radar applications at airport locations to improve safety 
for airport personnel and equipment. With respect to Sec.  15.253, the 
Commission eliminated the requirement that vehicular radars decrease 
power when the vehicles on which the radar is mounted is not in motion. 
In addition, the Commission also modified Sec.  15.253 to specify a new 
emission limit for 76-77 GHz vehicular radars that will apply to front, 
side, and rear illuminating vehicular radars. The Commission takes this 
action in response to petitions for rulemaking filed by Toyota Motor 
Corporation (TMC) and Era Systems Corporation (Era).
    2. The Commission also modified Sec.  15.253 to allow fixed radar 
applications in the 76-77 GHz band at airport locations. These fixed 
radars can detect foreign object debris (FOD) on runways and monitor 
aircraft traffic as well as service vehicles on taxiways and other 
airport vehicle service areas that have no public access. The 
modifications to the rules that the Commission adopted will provide 
more efficient use of the spectrum, and enable the automotive and 
aviation industries to develop enhanced safety measures for drivers and 
the general public.
    3. The 76-77 GHz band, which is allocated to the Radio Astronomy 
service (RAS) and the Radiolocation service on a primary basis and to 
the Amateur and Space research (space-to-Earth) services on a secondary 
basis, is in the region of the radiofrequency spectrum known as 
``millimeter wave'' spectrum. The frequencies above 30 GHz are commonly 
called millimeter wave frequencies because of their wavelength. At 
these frequencies, radio propagation decreases more rapidly with 
distance than at other frequencies and antennas that can narrowly focus 
transmitted energy are practical and of modest size. While the limited 
range of such transmissions might appear to be a major disadvantage for 
many applications, it does allow the reuse of frequencies within very 
short distances and, thereby enables a higher concentration of 
transmitters to be located in a geographical area than is possible at 
lower frequencies.
    4. On July 21, 2009, the Toyota Motor Corporation (TMC) filed a 
petition for rulemaking requesting that the Commission modify the 
emission limits 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. On September 8, 2009, Era 
filed comments in CB Docket No. 09-102 requesting that the Commission 
amend Sec.  15.253 to permit fixed use of 76-77 GHz radars at airports 
for monitoring air traffic and airport service vehicles only. Emissions 
from these fixed radars would not illuminate any public access roads.
    5. On May 24, 2011, the Commission issued a Notice of Proposed Rule 
Making (NPRM), 77 FR 35176, June 16, 2011, in which it sought public 
comment on proposed amendments to Sec. Sec.  15.35 and 15.253 of the 
rules regarding operation within the 76.0-77.0 GHz band. Specifically, 
the NPRM proposed modifications to Sec.  15.253 to increase the average 
power density limit to 88 [micro]W/cm\2\ at 3 m (average EIRP of 50 
dBm) and to decrease the peak power density limit to 279 [micro]W/cm\2\ 
at 3 m (peak EIRP of 55 dBm) regardless of the illumination direction 
of the vehicular radar, and to eliminate the in-motion and not-in-
motion distinction for vehicles equipped with such radars. In the NPRM, 
the Commission also proposed to allow 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.
    6. The Commission finds that the 76-77 GHz band is well suited for 
unlicensed use by vehicular radar technologies and by fixed radar 
systems limited to airport locations, and are adopting the proposed 
modifications to Sec. Sec.  15.35 and 15.253 accordingly. The 
modifications to the rules that the Commission adopted are intended to 
foster the development of improved radar systems that will offer 
significant safety benefits to the public. Studies show that use of 
collision avoidance technology can prevent or lessen the severity of a 
significant number of traffic accidents. By modifying our rules for 76-
77 GHz radars to align generally with international automotive industry 
standards, the Commission expects these life-saving devices to be 
placed on more passenger vehicles by enabling economies of scale. 
Furthermore, it believes that the changes in power levels and use as 
discussed will not result in a significant increase in the potential of 
interference to other users of the 76-77 GHz band. The Commission notes 
that these rule changes facilitate expanded use of existing 
technologies and do not appear to impose any new costs. While no party 
has provided any specific data, these technologies have the potential 
to help avoid accidents thereby save lives and damage to property.
    7. The Commission also finds that the use of 76-77 GHz fixed radars 
at airports for detecting foreign objects on runways, as well as for 
monitoring aircraft and service vehicles on taxiways and other airport 
vehicle service areas that have no public access (e.g., gate areas) to 
be in the public interest and compatible with vehicular radar use. The 
Commission finds that the benefits of allowing fixed radar systems at 
airports for these applications will improve the safety of the general 
public and airport personnel without increasing the potential for 
inference to licensed users. The Commission notes that these rule 
changes enable expanded use of existing technologies and do not appear 
to impose any new costs. Recent studies estimate the annual direct and 
indirect cost to U.S. aviation industry caused by the FOD damage to be 
approximately $1 billion and $4 billion, respectively. Enhanced 
technologies for FOD detection and for other airport monitoring 
services will help prevent accidents and substantially mitigate damage 
attributable to FOD.

Vehicular Radars

    8. Proposal. In the NPRM, the Commission proposed to modify Sec.  
15.253 to eliminate the in-motion and not-in-motion distinction for 
vehicular radars and to adopt uniform emission limits for forward, 
side, and rear-looking radars. In lieu of separate emission limits for 
in-motion and not-in-motion, the Commission proposed to increase the 
average power density limit to 88 [micro]W/cm\2\ at 3 meters (average 
EIRP of 50 dBm) and to decrease the peak power density limit to 279 
[micro]W/cm\2\ at 3 meters (peak EIRP of 55 dBm) for vehicular radar 
systems regardless of the direction of illumination. The Commission 
also sought comment on TMC's request to modify Sec.  15.253 to specify 
a limit on peak EIRP instead of average power density in addition to, 
or as an alternative to, the limits currently specified in the rules. 
Furthermore, because the Commission proposed to modify Sec.  15.253(b) 
to specify a peak emission limit that is less than 20 dB above the 
average limit, it also proposed to modify Sec.  15.35(b) to specify 
that the 20 dB peak to average limit does not apply to vehicular radars 
authorized under Sec.  15.253(b).
    9. Decision. The Commission modified Sec.  15.253 to (1) Eliminate 
the in-motion and not-in-motion distinction for vehicular radars, (2) 
adopt a single set of emission limits for forward, side, and rear-
looking radars, and (3) amend the emission limits for vehicular radars

[[Page 48099]]

to specify the average and peak radiated emission limits as both EIRP 
and a power density limit of 88 [mu]W/cm \2\ at 3 m (average EIRP of 50 
dBm) and 279 [mu]W/cm \2\ at 3m (peak EIRP of 55 dBm), respectively. In 
light of this, the Commission modified Sec.  15.35(b) to specify that 
the 20 dB peak limit provision will no longer apply to vehicular radars 
in the 76-77 GHz band. Devices operating under the provisions of these 
rules continue to be subject to the radiofrequency radiation exposure 
requirements specified in Sec. Sec.  1.1307(b), 2.1091 and 2.1093 of 
the FCC rules, as appropriate.
    10. The Commission finds that the new set of emission limits will 
not measurably increase potential for interference from vehicular radar 
systems to RAS operations in the 76-77 GHz band. First, the reduced 
peak limit adopt for vehicular radars will increase the level of 
interference protection afforded to RAS system because it is lower than 
the current peak limit. Second, the average power limit is being 
increased by only 1.7 dB from the current maximum for vehicular radars 
in the 76-77 GHz band, i.e., from 48.3 dBm to 50 dBm. Under worst-case 
free space conditions a 1.7 dB increase is only a 1.2-fold increase in 
signal range. The very short distances that these radars operate under, 
plus the propagation characteristics of the band, translate in practice 
to a minimal increase in interference potential that the Commission 
does not believe will yield any increase in actual interference to RAS 
operations. Because the radio astronomy observatories typically have 
control over access to a distance of one kilometer from the telescopes 
to provide protection from interference caused by automobile spark 
plugs and other uncontrolled RFI sources, the potential for 
interference caused by the incremental increase in average power limits 
at that distance (one kilometer) would be negligible. Furthermore, the 
effect of an increase in average power level of 1.7 dB is negligible 
when also taking into account the variability in propagation 
characteristics due to terrain, weather and other propagation factors.
    11. The Commission agrees with the automotive industry that given 
the horizontal direction of vehicular radar beams, the propagation 
characteristics of terrain and the geographical location of the RAS 
equipment, the modified emission limits pose no additional risk of 
interference or damage to the RAS equipment compared to the current 
rules. Accordingly, it believes that there is no need to restrict 
vehicular radar systems based on coordination zones or to impose 
requirements for a GPS-aware automatic or a user operated cut-off 
switch.
    12. The National Telecommunications and Information Administration 
(NTIA) noted that the National Science Foundation (NSF)-sponsored a 
study documenting measurements performed jointly by representatives 
from the radio astronomy community and several vehicular radar 
manufacturers. The measurements performed using the University of 
Arizona's 12 Meter Telescope located at Kitt's Peak examined the impact 
that vehicular radar emissions would have on radio astronomy 
installations. Emissions of two different vehicular radars manufactured 
by Robert Bosch GmbH and Continental Corporation were measured in the 
adjacent 77-80 GHz band. The measurements of the emissions from a 
single vehicular radar system at two distances (1.7 km and 26.9 km from 
the radio astronomy installation) indicated that the received signal 
level at the radio astronomy installation exceeded the protection 
criteria specified in Recommendation International Telecommunication 
Union Radiocommunications Sector (ITU-R) RA.769-2. The study 
acknowledges that mitigation factors such as terrain shielding, 
orientation of the vehicular radar transmitter antenna with respect to 
the observatory, or attenuation of the vehicular radar transmitter if 
mounted behind the vehicle bumper were not taken into account and would 
tend to reduce the distance at which interference occurred. NTIA 
requested that this study be included as part of the public record for 
this proceeding, and asked that the Commission encourage the radio 
astronomy community and the vehicular radar manufacturers to continue 
this cooperative effort to examine and implement mitigation techniques 
that can be employed to address the potential interference concerns. 
The Commission recognizes the concerns of the radio astronomy community 
in both the 76-77 GHz band at issue in this proceeding and in the 77-80 
GHz band examined in the study. As discussed, the Commission's rules 
have permitted vehicular radars to operate in the 76-77 GHz band since 
1995. Further, it expects any increase in potential interference in the 
76-77 GHz band as a result of the technical rules changes the 
Commission makes here to be negligible when compared to the overall 
effect caused by the variability in propagation characteristics due to 
terrain, weather and other propagation factors. The Commission has not 
found anything in the NSF study that suggests that the increase in the 
potential for harmful interference resulting from these rule revisions 
will not be negligible. Further, it always encourage cooperation 
between parties with respect to compatibility of systems that use the 
radio spectrum, thus we specifically encourage continued cooperation 
between the radio astronomy community and the vehicular radar industry.
    13. Finally, the Commission agrees with the commenters that there 
has been significant growth in the use of automobile radar systems, and 
it anticipates that these systems will become relatively commonplace 
within a few years because of consumer demand for increased vehicle 
safety. The Commission believes that these developments will make 
automotive safety and convenience more affordable and readily available 
to the public, as the automotive industry will be able to develop new 
and improved vehicular radars with no measurable increase in potential 
interference to licensed services.

Fixed Radar in the 76-77 GHz Band

    14. Proposal. The Commission proposed to allow the use of fixed 
radar systems at any location rather than restrict their use to only 
airport locations, as requested by Era in its petition for rulemaking. 
It stated that Era's proposal to limit fixed radar operations to 
specific locations such as airports or other places where fixed radars 
would not illuminate public roads may be overly restrictive and could 
cause unnecessary burdens to the public if implemented. The Commission 
stated that fixed radars operating at the same maximum power levels as 
vehicular-mounted radars would be even less likely to interfere with 
the RAS and Radiolocation services than vehicle-mounted radars because 
the locations where they are used would not change. It stated that 
fixed radars should be able to co-exist with vehicular radars because 
they both would operate with the same power level and 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 aiming directly 
at each other, fixed radar should have no more impact on a vehicular 
radar system than another vehicular system would.
    15. The Commission sought comment on whether it should allow 
unlicensed fixed radar applications to operate within the 76-77 GHz 
band at the same power levels as those proposed for vehicular radars. 
The Commission also

[[Page 48100]]

sought 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, or if some 
alternative criteria would be more appropriate.
    16. Comments. The commenters overwhelmingly opposed the use of 
fixed radar applications in the 76-77 GHz band without regard to 
location as proposed by the Commission, although some argued that fixed 
radars could be permitted for airport use only. The opponents cited 
increased interference potential to vehicular radars and a lack of 
technical analysis and study for fixed radar in the 76-77 GHz band.
    17. Decision. The Commission modified Sec.  15.253 of its rules to 
allow the operation of fixed radars at airport locations with the same 
emission limits as those for vehicular radars in the 76-77 GHz band for 
purposes of detecting foreign object debris on runways and monitoring 
aircraft and service vehicles on taxiways and other airport vehicle 
service areas that have no public vehicle access (e.g., gate areas). 
Limiting the location of fixed radars in this way should prevent them 
from illuminating public roads, and thus reduce the likelihood of 
interference to vehicular radars while enabling airports to better 
monitor airport service vehicles and taxiways and to improve debris 
detection on the runways.
    18. Moreover, airports are challenged with managing increasing 
congestion on the ground. This rule modification will add to the tools 
that enhance an airport's ability to determine the location of 
airplanes and airport ground vehicles that are operating in taxiways 
and runways. The presence of FOD in an airport's air operations area 
(AOA) poses a significant threat to the safety of air travel. Foreign 
object debris on taxiways and runways has the potential to damage 
aircraft during the critical phases of takeoffs and landings, which can 
lead to catastrophic loss of life and at the very least increased 
maintenance and operating costs. This rule modification will help 
reduce FOD hazards through the implementation of a FOD management 
program and the effective use of FOD detection and removal equipment.
    19. The Commission disagrees with the commenters who state that 
only vehicular radars should be allowed to operate under the part 15 
rules. It concludes that both vehicular radars and fixed radars at 
airports, under the limited circumstances we are providing for here, 
will be able to operate successfully in the 76-77 GHz band. Airport 
runways, taxiways and other non-public areas at airports are generally 
not near public roadways, and fixed radars at airports should not 
illuminate public roadways in the vicinity. With respect to the use of 
fixed radars outside of airports, we continue to believe that vehicular 
radars should be able to share the band with fixed radars operating at 
the same levels and note that there are no conclusive test results 
indicating that there would be incompatibility issues between the two 
types of radars. The Commission recognizes, however, that no parties 
have come forward to support fixed radar applications beyond airport 
locations in this band. Therefore, in the absence of a clear demand, 
the Commission is not adopting provisions for unlicensed fixed radar 
operations outside of airport locations in the 76-77 GHz band at this 
time.

Procedural Matters

Paperwork Reduction Analysis

    20. This document does not contain a proposed information 
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA, Pub. 
L. 104-13). In addition, therefore, it does not contain any new or 
modified information collection burden for small business concerns with 
fewer than 25 employees, pursuant to the Small Business Paperwork 
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

Final Regulatory Flexibility Analysis

    21. As required by the Regulatory Flexibility Act (RFA),\1\ an 
Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the 
Notice of Proposed Rulemaking (NPRM) in this Docket 11-90.\2\ The 
Commission sought written public comment on the proposals in the NPRM, 
including comment on the IRFA. As described more fully, the Commission 
finds that the rules it adopted in the Report and Order will not have a 
significant economic impact on a substantial number of small 
entities.\3\ The Commission did not receive comments from The 
Organization for the Promotion and Advancement of Small 
Telecommunications Companies (OPASTCO). It has nonetheless provided 
this Final Regulatory Flexibility Analysis (FRFA) to provide a fuller 
record in this proceeding. This FRFA conforms to the RFA.\4\
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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), 
and the Small Business Jobs Act of 2010, Public Law 111-240, 124 
Stat. 2504 (2010).
    \2\ NPRM, 26 FCC Rcd 8107.
    \3\ Thus, we could certify that an analysis is not required. See 
5 U.S.C. 605(b).
    \4\ See 5 U.S.C. 604.
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Need for, and Objectives of, the Report and Order

    22. On May 24, 2011, the Commission released a NPRM seeking 
comments regarding petitions for rulemaking filed by Toyota Motor 
Corporation (TMC) and Era Systems Corporation (Era) requesting 
modifications to Sec.  15.253 of the 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 proposed 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 radar application industries and fixed radar 
applications, operating at airports only, to develop enhanced safety 
measures for drivers and the general public. In addition, these 
modifications would make the rules governing the vehicle radars in 
United States more comparable to those outside the United States and 
benefit the automotive and aviation industries in terms of enabling new 
product development and cost reduction.

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

    23. There were no public comments filed that specifically addressed 
the rules and policies in the IRFA.

Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    24. Pursuant to the Small Business Jobs Act of 2010, the Commission 
is required to respond to any comments filed by the Chief Counsel for 
Advocacy of the Small Business Administration, and to provide a 
detailed statement of any change made to the proposed rules as a result 
of those comments. The Chief Counsel did not file any comments in 
response to the proposed rules in this proceeding.

[[Page 48101]]

Small Businesses, Small Organizations and Small Governmental 
Jurisdictions

    25. Our action may, over time, affect small entities that are not 
easily categorized at present. We therefore describe here, at the 
outset, three comprehensive, statutory small entity size standards.\5\ 
First, nationwide, there are a total of approximately 27.5 million 
small businesses, according to the SBA.\6\ In addition, a ``small 
organization'' is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
\7\ Nationwide, as of 2007, there were approximately 1.6 million small 
organizations.\8\ Finally, 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.'' \9\ Census Bureau data for 2007 indicate 
that there were 89,476 local governmental jurisdictions in the United 
States.\10\ We estimate that, of this total, as many as 88,506 entities 
may qualify as ``small governmental jurisdictions.'' \11\
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    \5\ See 5 U.S.C. 601(3)-(6).
    \6\ See SBA, Office of Advocacy, ``Frequently Asked Questions,'' 
web.sba.gov/faqs (last visited May 6, 2011; figures are from 2009).
    \7\ 5 U.S.C.601(4).
    \8\ Independent Sector, The New Nonprofit Almanac & Desk 
Reference (2010).
    \9\ See 5 U.S.C. 601(5).
    \10\ U.S. Census Bureau, Statistical Abstract of the United 
States: 2012, Section 8, at 267, Table 428.
    \11\ The 2007 U.S Census data for small governmental 
organizations indicate that there were 89,476 ``Local Governments'' 
in 2007. (U.S. Census Bureau, Statistical Abstract of the United 
States 2012, Table 428.) The criterion by which the size of such 
local governments is determined to be small is a population of 
50,000. However, since the Census Bureau does not specifically apply 
that criterion, it cannot be determined with precision how many of 
such local governmental organizations is small. Measured by a 
criterion of a population of 50,000, many specific sub-entities in 
this category seem more likely than larger county-level governmental 
organizations to have small populations. Accordingly, of the 89,746 
small governmental organizations identified in the 2007 Census, the 
Commission estimates that a substantial majority is small.
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Radio Broadcasting

    26. This Economic Census category ``comprises establishments 
primarily engaged in broadcasting aural programs by radio to the 
public. Programming may originate in their own studio, from an 
affiliated network, or from external sources.'' \12\ The SBA has 
established a small business size standard for this category, which is: 
Such firms having $7 million or less in annual receipts.\13\ According 
to Commission staff review of BIA Publications, Inc.'s Master Access 
Radio Analyzer Database on March 31, 2005, about 10,840 (95%) of 11,410 
commercial radio stations had revenues of $6 million or less. 
Therefore, the majority of such entities are small entities.
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    \12\ U.S. Census Bureau, 2007 NAICS Definitions, ``515112 Radio 
Stations''; http://www.census.gov/naics/2007/def/ND515112.HTM#N515112.
    \13\ 13 CFR 121.201, NAICS code 515112 (updated for inflation in 
2008).
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    27. We note, however, that in assessing whether a business concern 
qualifies as small under the above size standard, business affiliations 
must be included.\14\ In addition, to be determined to be a ``small 
business,'' the entity may not be dominant in its field of 
operation.\15\ We note that it is difficult at times to assess these 
criteria in the context of media entities, and our estimate of small 
businesses may therefore be over-inclusive.
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    \14\ ``Concerns and entities are affiliates of each other when 
one controls or has the power to control the other, or a third party 
or parties controls or has the power to control both. It does not 
matter whether control is exercised, so long as the power to control 
exists.'' 13 CFR 121.103(a)(1) (an SBA regulation).
    \15\ 13 CFR 121.102(b) (an SBA regulation).
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Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    28. 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 Report and Order 
proposes no change to that requirement. See 47 CFR 15.101, 15.201, 
15.305, and 15.405. The changes adopted in this proceeding would not 
change any of the current reporting or recordkeeping requirements. 
However, it will 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. It also 
expands the use of unlicensed 76-77 GHz band radars to fixed 
infrastructure systems at airport locations only.

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

    29. 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.\16\
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    \16\ See 5 U.S.C. 603(c).
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    30. At this time the Commission believes that the new rules adopted 
in this Report and Order 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. The 
allowance of unlicensed fixed radar systems in the 76-77 GHz band at 
airport locations only along with the unlicensed vehicular radars will 
improve spectrum efficiency and promote collaboration for shared 
unlicensed spectrum. We believe that the adopted rules will apply 
equally to large and small entities. Therefore, there is no inequitable 
impact on small entities.

Report to Congress

    31. The Commission will send a copy of the Report and Order, 
including this FRFA, in a report to Congress pursuant to the 
Congressional Review Act.\17\ 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.
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    \17\ See 5 U.S.C. 801(a)(1)(A).
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Ordering Clauses

    32. 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 Report and Order is hereby adopted.
    33. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Report and 
Order, including the Final Regulatory Flexibility Analysis, to the 
Chief Counsel for Advocacy of the Small Business Administration.
    34. It is further ordered that these proceedings, ET Docket No. 11-
90 and ET Docket No. 10-28, are hereby terminated.

List of Subjects in 47 CFR Part 15

    Communications equipment, Radio.


[[Page 48102]]


Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final rules

    For the reasons set forth in the preamble, the Federal 
Communications Commission amends part 15 of Title 47 of the Code of 
Federal Regulations 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, 544a and 
549.


0
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(d), 15.255, and 
15.509-15.519, 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.
* * * * *

0
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.
    (b) The radiated emission limits within the bands 46.7-46.9 GHz are 
as follows:
    (1) 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.
    (2) 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.
    (3) 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.
    (4) The provisions in Sec.  15.35 limiting peak emissions apply.
    (c) 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 used at airport locations for foreign object 
debris detection on runways and for monitoring aircraft as well as 
service vehicles on taxiways and other airport vehicle service areas 
that have no public vehicle access. The transmission of additional 
information, such as data, is permitted provided the primary mode of 
operation is as a field disturbance sensor. Operation under the 
provisions of this section is not permitted on aircraft or satellites.
    (d) The radiated emission limits within the band 76.0-77.0 GHz are 
as follows:
    (1) 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 (average EIRP of 50 dBm).
    (2) The peak power density of any emission within the band 76-77 
GHz shall not exceed 279 [micro]W/cm\2\ at a distance of 3 meters from 
the exterior surface of the radiating structure (peak EIRP of 55 dBm).
    (e) 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.
    (f) 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.
    (g) 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 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. 2012-19732 Filed 8-10-12; 8:45 am]
BILLING CODE 6712-01-P