[Federal Register Volume 89, Number 117 (Monday, June 17, 2024)]
[Proposed Rules]
[Pages 51293-51295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13266]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 90 and 95

[ET Docket No. 19-138, DA 24-538; FR ID 225149]


Use of the 5.850-5.925 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Office of Engineering and Technology 
invites supplemental comment to address issues regarding the use of 
geofencing in cellular-vehicle-to-everything on-board units to reduce 
out-of-band emission power limits around specified federal 
radiolocation services.

DATES: Interested parties may file comments on or before July 5, 2024.

ADDRESSES: Pursuant to sections 1.415 and 1.419 of the Commission's 
rules, 47 CFR 1.415, 1.419, interested parties may file comments on or 
before the dates provided in the ``Dates'' section of this Proposed 
Rule. Comments may be filed using the Commission's Electronic Comment 
Filing System (ECFS). You may submit comments, identified by ET Docket 
No. 19-138 and referencing this public notice, 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 hand or messenger delivery, by 
commercial overnight courier, or by First-Class or overnight U.S. 
Postal Service mail. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary are accepted between 8:00 a.m. and 4:00 
p.m. at 9050 Junction Drive, Annapolis Junction, MD 20701. All hand 
deliveries must be held together with rubber bands or fasteners. Any 
envelopes and boxes must be disposed of before entering the building.
     Commercial overnight 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 Secretary, Federal Communications Commission, 
45 L Street NE, Washington, DC 20554.
     People with Disabilities: Contact the Commission to 
request reasonable accommodations (accessible format documents, sign 
language interpreters, CART, etc.) by email: [email protected] or phone: 
202-418-0530 or TTY: 202-418-0432.
     Availability of Documents: Comments and ex parte 
submissions will be available via ECFS. Documents will be available 
electronically in ASCII, Microsoft Word, and/or Adobe Acrobat.

FOR FURTHER INFORMATION CONTACT: Brian Butler of the Office of 
Engineering and Technology, at [email protected] or 202-418-2702.

SUPPLEMENTARY INFORMATION: This is a summary of the Office of 
Engineering and Technology's Public Notice in ET Docket No. 19-138, DA 
24-538, released June 11, 2024. The full text of this document is 
available for public inspection at the following internet address: 
https://www.fcc.gov/document/oet-seeks-comment-board-unit-power-limits-c-v2x-operations.
    Regulatory Flexibility Analysis. The Further Notice of Proposed 
Rulemaking (FNPRM) in ET Docket No. 19-138 included an Initial 
Regulatory Flexibility Analysis (``IRFA'') pursuant to 5 U.S.C. 603, 
exploring the potential impact on small entities of the Commission's 
proposals. Use of the 5.850-5.925 GHz Band, 86 FR 23323, 23333-36 (May 
3, 2021). We invite parties to file supplemental comments on the IRFA 
in light of this request to refresh the record.
    Paperwork Reduction Act Analysis. This document does not contain 
any new or modified information collection requirements subject to the 
Paperwork Reduction Act of 1995, Public Law 104-13. Thus, 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).
    Ex Parte Presentations. This proceeding shall be treated as 
``permit-but-disclose'' in accordance with the Commission's ex parte 
rules. Persons making ex parte presentations must file a copy of any 
written presentation or a memorandum summarizing any oral presentation 
within two business days after the presentation (unless a different 
deadline applicable to the Sunshine period applies). Persons making 
oral ex parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2)

[[Page 51294]]

summarize all data presented and arguments made during the 
presentation. If the presentation consisted in whole or in part of the 
presentation of data or arguments already reflected in the presenter's 
written comments, memoranda or other filings in the proceeding, the 
presenter may provide citations to such data or arguments in his or her 
prior comments, memoranda, or other filings (specifying the relevant 
page and/or paragraph numbers where such data or arguments can be 
found) in lieu of summarizing them in the memorandum. Documents shown 
or given to Commission staff during ex parte meetings are deemed to be 
written ex parte presentations and must be filed consistent with rule 
1.1206(b). In proceedings governed by rule 1.49(f) or for which the 
Commission has made available a method of electronic filing, written ex 
parte presentations and memoranda summarizing oral ex parte 
presentations, and all attachments thereto, must be filed through the 
electronic comment filing system available for that proceeding, and 
must be filed in their native format (e.g., .doc, .xml, .ppt, 
searchable .pdf). Participants in this proceeding should familiarize 
themselves with the Commission's ex parte rules.
    Providing Accountability Through Transparency Act: The Providing 
Accountability Through Transparency Act, Public Law 118-9, requires 
each agency, in providing notice of a rulemaking, to post online a 
brief plain-language summary of the proposed rule. The required summary 
of this Public Notice is available at https://www.fcc.gov/proposedrulemakings.

Synopsis

    By this Proposed Rule, the Office of Engineering and Technology 
invites supplemental comment to the FNPRM in the Commission's 
proceeding titled Use of the 5.850-5.925 GHz Band, 86 FR 23323 (May 3, 
2021), to address issues raised by a commenter regarding the use of 
geofencing to allow for higher power limits in devices operating in 
certain areas while ensuring that their power is sufficiently limited 
in locations near specified federal radiolocation service sites. 
Specifically, the National Telecommunications and Information 
Administration (NTIA) recently filed a letter in this proceeding making 
recommendations to address three specific areas related to the 
protection of federal radiolocation systems: general provisions for 
cellular vehicle-to-everything (C-V2X) technical and service rules; C-
V2X roadside unit (RSU) equivalent isotropically-radiated power (EIRP) 
limits; and EIRP limits for C-V2X on-board units (OBUs). Letter from 
Charles Cooper, Associate Administrator, Office of Spectrum Management, 
NTIA, to Ronald T. Repasi, Chief, Office of Engineering and Technology 
and Joel Taubenblatt, Chief, Wireless Telecommunications Bureau, FCC, 
ET Docket No. 19-138 (filed June 7, 2024) (NTIA Letter). The NTIA 
suggestions regarding EIRP limits for C-V2X OBUs present a proposal to 
allow for higher power limits in devices equipped with geofencing than 
in devices not so equipped. We specifically request comment on this 
proposal.
    In the First Report and Order of this proceeding, Use of the 5.850-
5.925 GHz Band, 86 FR 23281 (May 3, 2021), the Commission adopted 
provisions requiring Intelligent Transportation System (ITS) operators 
to move Dedicated Short-Range Communications (DSRC) operations out of 
the lower 45 megahertz of the 5.850-5.925 GHz band (5.9 GHz band) and 
the transition of those operations to C-V2X technology. At the same 
time, in the FNPRM, the Commission sought comment on numerous proposals 
aimed at finalizing the technical parameters for C-V2X operations. With 
regard to OBU device power limits, the Commission proposed to limit C-
V2X OBUs' output power to no more than 20 dBm and EIRP to no more than 
23 dBm.
    NTIA's recommendations focus on ensuring that the power levels of 
C-V2X operations are limited as necessary to protect federal 
radiolocation services. Under current Commission rules, the federal 
radiolocation service site locations for which protection is sought are 
specified in 47 CFR 90.371(b), and the DSRC RSU facilities within 
certain radii relative to these locations (``coordination zones'') must 
be coordinated with the NTIA prior to authorization. 47 CFR 90.371. The 
existing rules addressing power limits for both RSUs and OBUs are 
agnostic regarding operations relative to the coordination zones.
    Among other things, in its letter, NTIA suggests that the 
Commission adopt power requirements for OBUs to ensure federal 
radiolocation service sites are protected within the coordination 
zones, including optionally incorporating geofencing that would enable 
OBUs to operate at variable levels depending on location. 
``Geofencing'' is used to create a virtual boundary around a physical 
location by enabling a radiofrequency device using a geolocation 
capability to determine whether its geographic coordinates are within a 
defined geographic area. As proposed by NTIA, an OBU could incorporate 
a geolocation capability to respond to the appropriate areas around 
federal radiolocation sites, currently enumerated in 47 CFR 90.371(b), 
by dynamically reducing power when entering any of those areas. NTIA 
suggests that such OBUs would be able to operate without such power 
restrictions in areas outside the coordination zones, provided that 
they are programmed with information about these sites--geographic 
coordinates and a predetermined radius--ensuring that they operate with 
reduced EIRP levels within the relevant areas. NTIA suggests that OBU 
devices not incorporating a geolocation capability be required to 
comply with the more restrictive EIRP limits.
    Accordingly, considering the need to protect the federal 
radiolocation service through the optional use of geofencing 
techniques, NTIA suggests the following EIRP power spectral density 
(PSD) limits for C-V2X OBUs operating without a geofencing capability 
at all locations and those that incorporate a geofencing capability 
when operating inside of a coordination zone:
     10 megahertz channel (5.895-5.905 GHz): 23 dBm/10 MHz 
EIRP; 10 megahertz channel (5.905-5.915 GHz): 33 dBm/10 MHz EIRP, 
reduced to 27 dBm within 5 degrees of horizontal;
     10 megahertz channel (5.915-5.925 GHz): 33 dBm/10 MHz 
EIRP, reduced to 27 dBm within 5 degrees of horizontal;
     20 megahertz channel (5.895-5.915 GHz): 23 dBm/20 MHz 
EIRP;
     20 megahertz channel (5.905-5.925 GHz): 33 dBm/20 MHz 
EIRP, reduced to 27 dBm within 5 degrees of horizontal; and
     30 megahertz channel (5895-5925 GHz): 23 dBm/30 MHz EIRP.
    NTIA suggests the following EIRP PSD limits for C-V2X OBUs that 
incorporate a geofencing capability when operating outside of a 
coordination zone:
     10 megahertz channel (5.895-5.905 GHz): 33 dBm/10 MHz 
EIRP;
     10 megahertz channel (5.905-5.915 GHz): 33 dBm/10 MHz 
EIRP;
     10 megahertz channel (5.915-5.925 GHz): 33 dBm/10 MHz 
EIRP;
     20 megahertz channel (5.895-5.915 GHz): 33 dBm/20 MHz 
EIRP;
     20 megahertz channel (5.905-5.925 GHz): 33 dBm/20 MHz 
EIRP; and
     30 megahertz channel (5.895-5.925 GHz): 33 dBm/30 MHz 
EIRP.
    NTIA also suggests that manufacturers implementing a geofencing 
capability would need to specifically demonstrate and certify 
compliance of the capability within the equipment certification process 
specified in part 2 of the

[[Page 51295]]

Commission's rules. In addition, NTIA suggests that responsible parties 
should provide a mechanism to update the OBUs with new information 
within a reasonable timeframe if geofencing locations and parameters 
are subsequently modified.
    Through this Proposed Rule, we seek comment on NTIA's 
recommendations that the Commission modify its part 95 rules to adopt 
power limit rules for C-V2X OBUs that include provisions for the 
optional use of geofencing techniques. Given that using geofencing 
would be an option and not required, we seek comment on the likelihood 
of manufacturers incorporating such a capability. What performance 
gains would be expected for C-V2X devices and the ITS overall when a 
geolocation capability is used as compared to if it is not? Are NTIA's 
recommendations regarding the power limits for C-V2X devices inside and 
outside the coordination areas appropriate? Would NTIA's 
recommendations provide benefits for C-V2X devices and ITS as compared 
to the Commission's C-V2X OBU rules originally proposed in this 
proceeding? What would be the relative complexity for adding a 
geolocation capability and the associated logic necessary for the OBU 
to adjust its power when in a coordination zone compared to devices 
without such capability? Would there be increased costs? If so, what 
would be the expected cost increase? What is the likelihood that 
manufacturers would incorporate a geofencing capability into their 
devices given any increased device complexity, additional compliance 
requirements, and increased cost? Conversely, would the proposed limits 
have a detrimental effect on operations or compliance? What methods 
could be used to update deployed OBUs to reflect revised geofencing 
locations and parameters?

Federal Communications Commission.
Ronald T. Repasi,
Chief, Office of Engineering and Technology.
[FR Doc. 2024-13266 Filed 6-14-24; 8:45 am]
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