[Federal Register Volume 87, Number 155 (Friday, August 12, 2022)]
[Notices]
[Pages 49833-49835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17378]


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FEDERAL COMMUNICATIONS COMMISSION

[ET Docket 19-138, DA 22-617; FR ID 92522]


Public Safety and Homeland Security Bureau Seeks Comment on 
Waiver Requests From Intelligent Transportation System Licensee to Use 
C-V2X Technology in the 5.895-5.925 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this Public Notice, the Public Safety and Homeland Security 
Bureau (Bureau) seeks comment on the filings from the respective 
Departments of Transportation of the State of Florida and State of 
Georgia, and State of Maryland State Highway Administration, each 
requesting a waiver of the Commission's rules to operate roadside units 
(RSUs) with cellular vehicle to everything (C-V2X)-based technology in 
the upper 30 megahertz (5.895-5.925 GHz) portion of the 5.850-5.925 GHz 
(5.9 GHz) band under its Part 90 intelligent transportation system 
(ITS) license.

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

DATES: Comments are due on or before September 12, 2022 and reply 
comments are due on or before October 11, 2022.

FOR FURTHER INFORMATION CONTACT: 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 the Commission's Public 
Notice, DA 22-617, released on June 7, 2022. The complete text of this 
document is available for inspection and copying during normal business 
hours in the FCC Reference Information Center, 45 L Street NE, 
Washington, DC 20554. 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). 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-changes-hand-delivery-policy. During the time the Commission's building is 
closed to the general public and until further notice.
    Synopsis. By this Public Notice (PN), the Public Safety and 
Homeland Security Bureau (Bureau) seeks comment on the filings from the 
respective Departments of

[[Page 49834]]

Transportation of the State of Florida and State of Georgia, and State 
of Maryland State Highway Administration, each requesting a waiver of 
the Commission's rules to operate roadside units (RSUs) with cellular 
vehicle to everything (C-V2X)-based technology in the upper 30 
megahertz (5.895-5.925 GHz) portion of the 5.850-5.925 GHz (5.9 GHz) 
band under its Part 90 intelligent transportation system (ITS) license. 
These waiver requests seek operating authority for C-V2X through the 
streamlined waiver process described by the Commission in its November 
20, 2020 5.9 GHz First Report and Order and the guidance that the 
Bureau, in conjunction with the Wireless Telecommunications Bureau (the 
Bureaus), provided in a subsequent Public Notice, as directed by the 
Commission.
    Guidance PN. Based on the decisions in the 5.9 GHz First Report and 
Order, and until the Commission renders a decision on the rule changes 
proposed in the Further Notice of Proposed Rulemaking, the Commission 
stated that it will permit any existing or future part 90 intelligent 
transportation system (ITS) licensee to operate C-V2X-based roadside 
units in the 5.895-5.925 GHz band within their geographic licensing 
areas by requesting and obtaining a waiver of the Commission's rules, 
subject to specific conditions. On August 6, 2021, the Bureaus jointly 
issued the Guidance PN detailing the process for such waiver 
applicants, and providing additional information regarding further 
waivers that may be required for requesting early deployment of certain 
other C-V2X operations, and the equipment certification process for C-
V2X equipment.
    Streamlined Waiver Process for Part 90 Licensees. In the Guidance 
PN, the Bureaus stated inter alia, that in order to receive streamlined 
consideration of a waiver request, consistent with Section 1.925 of the 
Commission's rules, applicants would need to provide the following 
certifications:
    (1) a certification that there are no existing ITS licensees 
authorized to operate within the same geographic area in which the 
waiver applicant seeks to operate, OR certification that the waiver 
applicant has coordinated with every existing ITS licensee licensed (in 
whole or part) within that same geographic area to ensure that the 
waiver applicant's C-V2X-based roadside unit operations will not 
interfere with any Dedicated Short Range Communications (DSRC)-based 
roadside units operating in the 5.895-5.925 GHz band;
    (2) a certification that the waiver applicant's C-V2X operations 
will comply with the existing technical rules (e.g., including, but not 
limited to, power and out-of-band emission limits) for DSRC-based 
technologies other than the portion of the current rules requiring use 
of DSRC-based technologies;
    (3) a certification that the applicant's operations will be revised 
to the extent necessary to comply with any final rules that the 
Commission adopts for C-V2X operations; and
    (4) a certification that the applicant's C-V2X operations will be 
limited to transportation and vehicle safety-related communications.
    General Waiver Process for Part 90 Licensees. Regarding licensees 
unable to satisfy the streamlined waiver process, in the Guidance PN, 
the Bureaus stated that:

    ``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.''

    Equipment Certification Guidance. The Bureaus' Guidance PN 
discussed the need for additional waivers of the FCC's equipment 
authorization rules to allow for C-V2X on-board units. As noted in the 
Guidance PN, the applicant for equipment certification should identify 
the specific technical requirements that the C-V2X equipment would 
meet. In the Guidance PN, the Bureaus said:

    ``The applicant for equipment certification should identify the 
specific technical requirements that the C-V2X equipment would meet, 
and explain how those specific technical requirements would be 
consistent with the associated waiver(s) granted for operation of C-V2X 
systems in the 5.895-5.925 GHz band. To the extent that the request for 
waiver of equipment authorization rules to authorize C-V2X-based 
roadside units or on-board units differs in any respect from the 
technical rules specified in the Part 90 or Part 95 waiver(s), the 
application for waiver may require more extensive review, consistent 
with current practice relating to waiver of equipment authorization 
rules.''
    The Waiver Requests and Supplemental Information. As noted above, 
the respective state entities each filed an initial request for waiver, 
and each has subsequently supplemented its request with additional 
information in support of their requests. Commenters should review each 
of these requests and supplemental materials for purposes of 
commenting. Among other things, each state has provided particular 
technical information on its proposed C-V2X operations. We provide a 
high-level summary of that information below.

[[Page 49835]]



                     Proposed Technical Specifications in 5.9 GHz Band C-V2X Waiver Requests
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                                                                             GA DOT waiver
                                    Current 5.9 GHz      FL DOT waiver    request  to deploy    MDOT SHA waiver
                                   ITS  requirements   request to deploy   LTE C-V2X  (3GPP    request to deploy
                                   (Part 90 Subpart   4G-LTE C-V2X (call    Rel. 14)  (call      4G-LTE C-V2X
                                          M)             sign WQBS407)       sign WRAT914)        (call sign
---------------------------------------------------------------------------------------------------WRKJ514)-----
Maximum Roadside Unit (RSU)       RSU Classes C/D:    Ch. 180: 17; Ch.    Ch. 180: 22; Ch.    Ch. 180: 23; Ch.
 Transmitter Output Power (dBm).   20/28.8.            181: 17; Ch. 182:   181: 22; Ch. 182:   181: 23; Ch. 182:
                                                       17; Ch. 184: 28.8.  22; Ch. 184: 22;    23.
                                                                          5905-5925 MHz: Not  5905-5925 MHz: Not
                                                                           given.              given.
Maximum RSU EIRP* (dBm).........  Ch. 180: 23; Ch.    Ch. 180: 23; Ch.    Ch. 180: 23/22.8;   Ch. 180: 22.6; Ch.
                                   181: 23; Ch. 182:   181: 23; Ch. 182:   Ch. 181: 23/22.8;   181: 22.6; Ch.
                                   23; Ch. 184: 33/    23; Ch. 184: 34.8.  Ch. 182: 23/22.8;   182: 22.6.
                                   40.                                     Ch. 184: 23/22.8;  5905-5925 MHz: 33.
                                                                          5905-5925 MHz: 23/
                                                                           22.8.
Transmit Spectrum Mask (Out-of-   See Table I.8 of    Stated will comply  Stated will comply  Stated will comply
 Band Emissions (OOBE)).           IEEE 802.11p-2010.  with existing       with existing       with existing
                                                       rules.              rules.              rules. See table
                                                                                               below for 5905-
                                                                                               5925 MHz.
RSU Antenna Center Line Height    8 meters or less,   7.9 meters above    Less than 8 meters  8 meters AGL (One
 Above Roadway Surface.            with EIRP reduced   ground level        AGL at 114          location
                                   by a factor of 20   (AGL) at all        locations; 8.2      specified in ULS
                                   x log(height/8)     locations.          meters AGL at one   waiver
                                   if antenna center                       location with       application).
                                   line height is 15                       reduced EIRP per
                                   meters or less                          47 CFR Sec.
                                   (but greater than                       90.377(b) n.1 to
                                   8 meters).                              Table.
Maximum Onboard Unit (OBU)        Portable: 0/6.....  Not given.........  Waiver request      20/33.
 Transmitter Output Power/EIRP    Non-portable: 28.8/                      does not include
 (dBm).                            33 for non-gov.,                        any OBU
                                   44.8 for gov.                           deployments.
----------------------------------------------------------------------------------------------------------------
* EIRP (equivalent isotropically radiated power); ** PSD (power spectral density).


  MDOT SHA Waiver Request To Deploy 4G-LTE C-V2X Transmit Spectrum Mask
             (Out-of-Band Emissions (OOBE)) at 5905-5925 MHz
------------------------------------------------------------------------
                                                OOBE PSD
                                                 offset     OOBE PSD for
                                                relative       C-V2X
  Frequency offset from channel edge  (MHz)    to 33 dBm/  transmissions
                                              20 MHz  (or     (dBm/100
                                               10 dBm/100       kHz)
                                                  MHz)
------------------------------------------------------------------------
0.0.........................................          -26           -16
1.0.........................................          -32           -22
10.0........................................          -40           -30
20.0........................................          -50           -40
------------------------------------------------------------------------

    Public Comment on Waivers. Prior to evaluating the merits of the 
instant requests for waivers, and in order to assist in assessing the 
requests, the Bureau seeks comment on whether the certifications, as 
supplemented, in the Waivers are sufficient to allow the Bureau to make 
a rigorous evaluation of the requests under the streamlined review 
process. Under the general waiver process, we seek comment on whether 
the waiver requests as supplemented contain sufficient information to 
satisfy the additional requirements set forth in the Guidance PN at 
footnote 10, referenced above, including whether the proposed C-V2X 
operations would protect others from interference. In addition, we seek 
comment from manufacturers on equipment authorizations to support the 
proposed operations in the instant waiver requests.
    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 and clearly indicate to 
which of the three waivers identified in this Public Notice the 
comments apply (i.e., Florida Department of Transportation, Georgia 
Department of Transportation, or Maryland State Highway 
Administration).
    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).
     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).

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2022-17378 Filed 8-11-22; 8:45 am]
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