[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Notices]
[Pages 38403-38405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13793]


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FEDERAL COMMUNICATIONS COMMISSION

[ET Docket No. 19-138; DA 22-611; FRS 92669]


The Federal Communications Commission: Seeks Comment on a Request 
for Nationwide Waiver of Intelligent Transportation System Rules To Use 
C-V2X Technology in the 5.895-5.925 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Federal Communications Commission's Wireless 
Telecommunications Bureau (WTB) and Public Safety and Homeland Security 
Bureau (PSHSB) issue this Public Notice seeking comment on a joint 
filing by certain automakers, state departments of transportation, and 
equipment manufacturers requesting a waiver of the Commission's rules 
governing intelligent transportation system (ITS) operations to permit 
them to deploy Cellular Vehicle-to-Everything (C-V2X) technology 
immediately in the upper 30 megahertz (5.895-5.925 GHz) portion of the 
5.850-5.925 GHz Band (5.9 GHz Band). Importantly, the waiver seeks 
authority to deploy C-V2X technology before the Commission renders its 
final decision on the rules for the technical and logistical parameters 
of C-V2X that will ultimately govern ITS operations in the band. The 
Public Notice provides specific information about the waiver request as 
well as instructions on how to submit comments in the docket and the 
schedule for doing so.

ADDRESSES: Federal Communications Commission, 45 L Street NE, 
Washington, DC 20554.

DATES:  Issued on June 28, 2022. Comments are due July 28, 2022. Reply 
Comments are due August 29, 2022.

FOR FURTHER INFORMATION CONTACT: Thomas Reed, Attorney Advisor, 
Mobility Division, Wireless Telecommunications Bureau, at 
[email protected] or (202) 418-0531, or Roberto Mussenden, Senior 
Attorney, Policy and Licensing Division, Public Safety and Homeland 
Security Bureau, at [email protected] or (202) 418-1428.

SUPPLEMENTARY INFORMATION: This is a summary of a public notice seeking 
comment on a request for waiver of the Federal Communication 
Commission's rules governing intelligent transportation service 
operations in the 5.895-5.925 GHz Band, ET Docket No. 19-138, DA 22-
611, on June 7, 2022. The full text of this document is available for 
public inspection at the following internet address: https://www.fcc.gov/document/wtb-pshsb-seek-comment-its-rule-waiver-use-c-v2x-59ghz-band. Alternative formats are available for people with 
disabilities (Braille, large print, electronic files, audio format), by 
sending an email to [email protected] or calling the Consumer and 
Governmental Affairs Bureau at 202-418-0530 (voice) or 202-418-0432 
(TTY).
    Synopsis: By this Public Notice (PN), the Wireless 
Telecommunications Bureau and the Public Safety and Homeland Security 
Bureau (the Bureaus) seek comment on a joint filing by certain 
automakers, state departments of transportation (DOTs), and equipment 
manufacturers (collectively, the C-V2X Joint Waiver Parties),\1\ 
requesting a waiver of the Commission's rules applicable to intelligent 
transportation system (ITS) operations in the upper 30 megahertz 
(5.895-5.925 GHz) portion of the 5.850-5.925 GHz Band (5.9 GHz Band) 
``to permit them to collectively deploy and facilitate deployment of 
Cellular Vehicle-to-Everything (`C-V2X') technology immediately.'' \2\ 
Specifically,

[[Page 38404]]

the C-V2X Joint Waiver Parties seek a waiver of 47 CFR 2.106, NG160 \3\ 
to allow nationwide use of the upper 30 megahertz of the 5.9 GHz Band 
for C-V2X operating in the Intelligent Transportation System (ITS), 
conditioned on the technical parameters set forth in Appendix 1 of 
their submission.\4\ They also seek a waiver of certain part 90 and 
part 95 rules (47 CFR 90.375, 90.377, 90.379, 95.3159, 95.3163, 
95.3167, and 95.3189) \5\ governing the operation of roadside units 
(RSUs) and on-board units (OBUs) in the upper 30 megahertz of the 5.9 
GHz Band.\6\
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    \1\ This waiver request was submitted by Audi of America, Inc., 
Ford Motor Company, Jaguar Land Rover, the Utah Department of 
Transportation, the Virginia Department of Transportation, AAEON 
Technology Inc., Advantech Co., Ltd., Applied Information, Inc., 
Cohda Wireless Pty Ltd., Commsignia, Inc., Danlaw Inc., HARMAN 
International Industries, Inc., Kapsch TrafficCom USA Inc., and 
Panasonic Corporation of North America.
    \2\ See Request for Waiver of 5.9 GHz Band Rules to Permit 
Initial Deployments of Cellular Vehicle-to-Everything Technology, 
Ford Motor Company, et al., ET Docket No. 19-138, at 1 (filed Dec. 
13, 2021) (C-V2X Joint Waiver Request): https://www.fcc.gov/ecfs/file/download/DOC-5f6d7d2ef3400000-A.pdf?file_name=C-V2X%20Waiver%20Request%2012%2013%202021.pdf. More recently, 
additional information on the request was submitted to the 
Commission. See Letter from the C-V2X Joint Waiver Parties to 
Marlene H. Dortch, Secretary, FCC, ET Docket No. 19-138 (filed Apr. 
20, 2022) (C-V2X Joint Waiver Request Supplement): https://www.fcc.gov/ecfs/search/search-filings/results?q=(proceedings.name:(%2219-138%22)+AND+date_received:(2021-
12-01%20TO%202022-05-23)).
    \3\ ``In the band 5895-5925 MHz, the use of the non-federal 
mobile service is limited to operations in the Intelligent 
Transportation Systems radio service.'' 47 CFR 2.106, NG160.
    \4\ C-V2X Joint Waiver Request at 2; see also C-V2X Joint Waiver 
Request Supplement at 3-4.
    \5\ See 47 CFR 90.375, 90.377, 90.379, 95.3159, 95.3163, 
95.3167, and 95.3189.
    \6\ See C-V2X Joint Waiver Request at 2.
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    In its 5.9 GHz First Report and Order and Further Notice, adopted 
on November 20, 2020, the Commission retained the upper 30 megahertz of 
the 5.9 GHz Band for ITS operations, and it required that, following a 
transition period, ITS operations transition from Dedicated Short-Range 
Communication (DSRC) technology to C-V2X technology rules. In the 
Further Notice portion of its decision, the Commission sought comment 
on the rules for the technical and logistical parameters of C-V2X that 
ultimately would govern ITS operations in the band.\7\ While part 90 
ITS licensees operating in the upper 30 megahertz are authorized to 
operate ITS under DSRC-based rules pending adoption of final C-V2X 
rules, the Commission also recognized that licensees may wish to 
operate C-V2X-based ITS prior to adoption of those final rules.\8\ 
Accordingly, the Commission directed the Bureaus to issue a public 
notice providing guidance for licensees that may wish to obtain waivers 
of the existing DSRC-based rules to operate C-V2X operations, either 
through a streamlined waiver request process (if requesters qualify), 
or through our normal section 1.925 waiver process.\9\
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    \7\ Use of the 5.850-5.925 GHz Band, ET Docket No. 19-138, First 
Report and Order, Further Notice of Proposed Rulemaking, and Order 
of Proposed Modification, 35 FCC Rcd 13440, 13464-65, para. 55 
(2020) (5.9 GHz First Report and Order and Further Notice). The 
Commission has not yet rendered a decision on the rule changes 
proposed in the Further Notice of Proposed Rulemaking.
    \8\ 5.9 GHz First Report and Order, 35 FCC Rcd at 13464, para. 
55.
    \9\ See Wireless Telecommunications Bureau and Public Safety and 
Homeland Security Bureau Provide Guidance for Waiver Process to 
Permit Intelligent Transportation System Licensees to Use C-V2X 
Technology in the 5.895-5.925 GHz Band, Public Notice, DA 21-962 
(WTB, PSHSB Aug. 6, 2021), at 2 (Guidance PN).
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    Guidance PN. The Guidance PN, issued on August 6, 2021, provided 
the following guidance to waiver applicants who elect to use the normal 
section 1.925 process:

    If an ITS waiver applicant that seeks authority to operate C-
V2X-based roadside units or on-board units in the 5.895-5.925 GHz 
band is unable to comply with the existing ITS technical rules found 
in 47 CFR 90.371-90.383 or 47 CFR 95.3167-95.3189, respectively, 
they should include in their general waiver request the 
certifications from the streamlined waiver process outlined in this 
PN that they are unable to meet, the specific existing rules that 
they are unable to comply with, along with a specific proposal of 
the technical specifications they seek to use instead, and an 
explanation of why a waiver is warranted under Section 1.925. To 
facilitate granting of qualifying waiver requests, and in light of 
the alternate technical specifications proposed in their waiver, we 
would generally expect the ITS waiver applicant to include a 
demonstration showing that their requested waiver would not cause a 
greater potential for interference to other users operating in the 
5.895-5.925 GHz band than DSRC-based operations in this band, and 
otherwise to address how the public interest would be served by such 
a waiver under Section 1.925. Based on the proposed change in 
technical parameters, the waiver request should also address any 
conditions (e.g., coordination zone radius, per 47 CFR 90.371(b)) 
necessary to protect Federal Government Relocation Services.\10\
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    \10\ Guidance PN at 2-3, n.10.

    C-V2X Joint Waiver Request. In the C-V2X Joint Waiver Request, the 
automakers (Audi, Ford, and Jaguar Land Rover) seek a waiver in order 
to introduce C-V2X into their vehicle fleets throughout the United 
States as soon as possible.\11\ As noted in their request, the C-V2X 
Joint Waiver Parties further seek permission for nationwide C-V2X OBU 
operations.\12\ Specifically, they ask that the Commission waive its 
rules to the extent necessary to allow the Utah and Virginia DOTs to 
deploy C-V2X RSUs throughout their respective states, both RSUs and 
OBUs, under the FCC ITS licenses each currently holds,\13\ and allow 
each of the identified automakers to deploy C-V2X-based OBUs in all of 
its cars sold in the United States.\14\ The C-V2X Joint Waiver Parties 
also request that the Commission waive its rules to the extent 
necessary to allow the identified equipment manufacturers to obtain the 
necessary equipment certifications for their C-V2X equipment.\15\ The 
C-V2X Joint Waiver Parties state that while the automakers and state 
departments of transportation will initially deploy C-V2X technology 
based on LTE technology (3GPP Releases 14 and 15), the parties request 
the flexibility to deploy 5G-based C-V2X (3GPP Release 16), as 
well.\16\ If granted, the net effect of the waiver would be to allow C-
V2X operations in Utah and Virginia and the equipping of vehicles 
nationwide with C-V2X OBUs.
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    \11\ C-V2X Joint Waiver Request at 3-4.
    \12\ C-V2X Joint Waiver Request Supplement at 4.
    \13\ C-V2X Joint Waiver Request at 4-5. Utah DOT holds FCC 
license WQCE200. Virginia DOT holds FCC license WQCU200.
    \14\ C-V2X Joint Waiver Request at 4-5.
    \15\ Id. at 5.
    \16\ C-V2X Joint Waiver Request Supplement at 4, notes 15, 16.
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    In their request, the C-V2X Joint Waiver Parties ask the Commission 
to permit C-V2X-based operations on 20 megahertz (5905-5925 MHz) in the 
ITS band, pending adoption of final C-V2X-based rules, which meet the 
technical parameters set forth in the tables below.\17\
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    \17\ C-V2X Joint Waiver Request Appendix 1 at 10-11; C-V2X Joint 
Waiver Request Supplement at 3. The C-V2X Joint Waiver Request 
Supplement did not change the technical parameters proposed in the 
C-V2X Joint Waiver Request.

[[Page 38405]]



                          C-V2X OBU and RSU Operations Under C-V2X Joint Waiver Request
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                                                     OBU transmitter                        RSU antenna center
        Frequency range          Channel bandwidth  output power/EIRP    RSU EIRP limit      line height above
                                                        *  limits                           roadway bed surface
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5905-5925 MHz..................  20 MHz...........  20 dBm/33 dBm....  33 dBm...........  For heights of 8
                                                                                           meters or less.
                                                                                          Or in the alternative,
                                                                                           the RSU EIRP is
                                                                                           reduced by a factor
                                                                                           of 20 x log(height/8)
                                                                                           for heights 15 meters
                                                                                           or less (but greater
                                                                                           than 8 meters).
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* EIRP (equivalent isotropically radiated power).


     C-V2X Joint Waiver Request Out-of-Band Emissions (OOBE) Limits
------------------------------------------------------------------------
                                           OOBE power       OOBE power
                                            spectral         spectral
  Frequency  offset (MHz from channel   density  offset   density for C-
                 edge)                   relative to 33        V2X
                                         dBm/20 MHz (or   transmissions
                                        10 dBm/100 MHz)   (dBm/100 kHz)
------------------------------------------------------------------------
0.0...................................            -26.0            -16.0
1.0...................................            -32.0            -22.0
10.0..................................            -40.0            -30.0
20.0..................................            -50.0            -40.0
------------------------------------------------------------------------

    In their filings, the C-V2X Joint Waiver Parties provide additional 
discussion and explanation, asserting that the public interest would be 
served if the Commission were to permit C-V2X operations pending 
adoption of final C-V2X-based rules, and that these materials provide 
sufficient support for the Commission to grant waiver(s) of its rules 
to the extent necessary to permit the proposed C-V2X operations.\18\ 
They contend that their proposed technical parameters for C-V2X 
operations are generally consistent with DSRC parameters and unlikely 
to raise interference concerns to existing licensed services in the 
band.\19\ They also agree, as a condition of any waiver grant, they 
would be obligated to comply with any final rules that the Commission 
adopts for C-V2X operations.\20\
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    \18\ See generally C-V2X Joint Waiver Request; C-V2X Joint 
Waiver Request Supplement.
    \19\ See, e.g., C-V2X Joint Waiver Request Supplemental at 4.
    \20\ Id. at 4.
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    Public Comment on Waiver. Prior to evaluating the merits of the 
Joint C-V2X Waiver Request, and in order to assist in assessing the 
request, the Bureaus seek comment on this waiver request, including 
whether the request contains sufficient information for the Commission 
to grant their request or whether additional modifications or 
clarifications would be appropriate.

Procedural Matters

    To develop a complete record on the issues presented by this 
request, the proceeding will be treated, for ex parte purposes, as a 
``permit-but-disclose'' proceeding in accordance with Section 1.1200(a) 
of the Commission's rules, subject to the requirements under Section 
1.1206(b). Parties should file all comments and reply comments in ET 
Docket No. 19-138.
    Filing Requirements. Parties may file comments, identified by ET 
Docket No. 19-138, by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://www.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing.
    Filings can be sent by commercial courier or by the U.S. Postal 
Service. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     Commercial deliveries (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service First-Class, Express, and Priority 
mail must be addressed to 45 L Street NE, Washington, DC 20554.
     Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changeshanddelivery-policy.
     During the time the Commission's building is closed to the 
general public and until further notice, if more than one docket or 
rulemaking number appears in the caption of a proceeding, paper filers 
need not submit two additional copies for each additional docket or 
rulemaking number; an original and one copy are sufficient.
    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 & Government Affairs Bureau at 202-418-0530 (voice), 202-418-
0432 (tty).
    By the Acting Chief, Wireless Telecommunications Bureau, and the 
Chief, Public Safety and Homeland Security Bureau.

Amy Brett,
Acting Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2022-13793 Filed 6-27-22; 8:45 am]
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