80 FR 37551 - Permit Unlicensed National Information Infrastructure (U-NII) Devices in the 5 GHz Band

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 126 (July 1, 2015)

Page Range		37551-37552
FR Document		2015-14806

In this document, the Commission has waived requirements of certain rules that the National Information Infrastructure (U-NII) devices must comply with. This action is in response to a request by a group of interested parties to extend this compliance deadline as part of a larger review of the transition provision adopted for the U-NII-3 band. In order to facilitate the new technical requirements, without unduly impairing the availability or cost of U-NII devices or imposing undue burdens on manufacturers or the public the Commission adopted transition provisions which are outlined in the Commission's rules. Doing so will give the Commission adequate time to consider the entire record, including the Joint Petitioners, as part of the reconsideration proceeding.

Federal Register, Volume 80 Issue 126 (Wednesday, July 1, 2015)

[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Rules and Regulations]
[Pages 37551-37552]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14806]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket No. 13-49; FCC 15-61]


Permit Unlicensed National Information Infrastructure (U-NII) 
Devices in the 5 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule; request for waiver.

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SUMMARY: In this document, the Commission has waived requirements of 
certain rules that the National Information Infrastructure (U-NII) 
devices must comply with. This action is in response to a request by a 
group of interested parties to extend this compliance deadline as part 
of a larger review of the transition provision adopted for the U-NII-3 
band. In order to facilitate the new technical requirements, without 
unduly impairing the availability or cost of U-NII devices or imposing 
undue burdens on manufacturers or the public the Commission adopted 
transition provisions which are outlined in the Commission's rules. 
Doing so will give the Commission adequate time to consider the entire 
record, including the Joint Petitioners, as part of the reconsideration 
proceeding.

DATES: Effective date: This rule is effective July 1, 2015. 
Applicability date: Applicable June 1, 2015, the requirements in Sec.  
15.37(h) are waived until December 2, 2015.

FOR FURTHER INFORMATION CONTACT: Aole Wilkins, Office of Engineering 
and Technology, (202) 418-2406, email: [email protected], TTY (202) 
418-2989.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
ET Docket No. 13-49; FCC 15-61, adopted June 1, 2015, and released June 
1, 2015. 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 full text may 
also be downloaded at: www.fcc.gov.

Summary of Order

    1. By this Order, the Commission waives until December 2, 2015 the 
requirement in Sec.  15.37(h) of the Commission's rules that certain 
National Information Infrastructure (U-NII) devices must comply with 
its Sec.  15.407 rules to be certified on and after June 2, 2015. This 
action is taken in response to a request by a group of interested 
parties (Joint Petitioners) to extend this compliance deadline as part 
of a larger review of the transition provisions the Commission recently 
adopted for the U-NII-3 band.This action is being taken without 
prejudice relative to the merits of the Joint Petitioners' filings in 
the docket.
    2. On April 1, 2014, the Commission released a First Report and 
Order in the above-captioned proceeding. This First R&O increased the 
utility of the 5 GHz band where U-NII devices operate, and modified 
certain U-NII rules and testing procedures to ensure that U-NII devices 
do not cause harmful interference to authorized users of the band. The 
First R&O, inter alia, extended the upper edge of the 5.725-5.825 GHz 
U-NII-3 band to 5.85 GHz and consolidated the provisions applicable to 
digitally modulated devices from Sec.  15.247 of the rules with the U-
NII-3 rules in Sec.  15.407 so that all the digitally modulated devices 
operating in the U-NII-3 band will operate under the same set of rules 
and be subject to the new device security requirement. Notably, the 
consolidated rules adopted require the more stringent out-of-band 
emissions limit formerly applicable only to U-NII-3 devices in order to 
protect Terminal Doppler Weather Radar (TDWR) facilities from 
inference.
    3. To facilitate the transition to the new technical requirements, 
without unduly impairing the availability or cost of U-NII devices or 
imposing undue burdens on manufacturers, or the public, the Commission 
adopted transition provisions which are outlined in Sec.  15.37(h). 
These transition provisions require that the marketing, sale and 
importation into the United States of digitally modulated and hybrid 
devices designed to operate in the U-NII-3 band and certified under the 
old Sec.  15.247 rules must cease by June 2, 2016. As an intermediate 
measure, they

[[Page 37552]]

provide that after June 2, 2015, digital modulation devices and the 
digital modulation portion of hybrid devices designed to operate in the 
U-NII-3 band must meet the new Sec.  15.407 U-NII-3 rules to be FCC 
certified. This waiver order exclusively addresses the June 2, 2015 
certification requirement.
    4. Petitions for reconsideration of the First R&O are still 
pending. While the petitioners have generally alleged that the current 
state of the technology inhibits the design of affordable products that 
could comply with the more stringent out-of-band emission limits for 
the U-NII-3 band, the alternatives they suggested have been wide-
ranging and many of the parties could not agree on a single solution 
that would meet the needs of the varying industry segments. Significant 
information was, and continues to be, submitted into the record. In 
particular, on March 23, 2015, the Joint Petitioners filed a self-
styled ``Consensus Proposal.'' This detailed filing included technical 
rules that would significantly modify the out-of- band emission limits 
adopted for the U-NII-3 Band in the First R&O. Shortly thereafter, the 
Joint Petitioners requested that the Commission waive Sec.  15.37(h) of 
the rules.
    5. In light of the recent activity in the docket, The Commission 
conclude that there is good cause to grant a waiver of the June 2, 2015 
U-NII device certification date. Doing so will give the Commission 
adequate time to consider the entire record--including the Joint 
Petitioners' ``Consensus Proposal''--as part of the reconsideration 
proceeding, and it will continue to certify U-NII-3 band devices 
meeting the requirements of the old Sec.  15.427 until December 2, 
2015. A brief extension of the intermediate transition deadline will 
not frustrate the ultimate U-NII-3 transition adopted in the First R&O, 
including the Commission's determinations regarding the marketing, 
importation, and sale of digitally modulated and hybrid devices. Grant 
of the waiver, however, will permit manufacturers to better plan their 
research and design activities to comply with the outcome of any 
further action we may take on reconsideration.
    6. Pursuant to the authority in Sec.  1.3 of the Commission's 
rules, 47 CFR 1.3, and sections 302, 303(e), and 303(r) of the 
Communications Act of 1934, as amended, 47 U.S.C. 302, 303(e) and 
303(r), IT is ordered that the Sec.  15.37(h) of the Commission's 
rules, 47 CFR 15.37(h) is waived to the extent discussed above until 
December 2, 2015.
    7. The effective date of the Order is June 1, 2015, the date upon 
which this Order was released by the Commission.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2015-14806 Filed 6-30-15; 8:45 am]
 BILLING CODE 6712-01-P

Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations 37551

the requirements of the Regulatory PART 180—[AMENDED] Docket No. 13–49; FCC 15–61, adopted
Flexibility Act (RFA) (5 U.S.C. 601 et June 1, 2015, and released June 1, 2015.
seq.), do not apply. ■ 1. The authority citation for part 180 The full text of this document is
continues to read as follows: available for inspection and copying
This action directly regulates growers,
food processors, food handlers, and food Authority: 21 U.S.C. 321(q), 346a and 371. during normal business hours in the
retailers, not States or tribes, nor does FCC Reference Center (Room CY–A257),
■ 2. Add paragraph (a)(5) to § 180.1021 445 12th Street SW., Washington, DC
this action alter the relationships or to read as follows: 20554. The full text may also be
distribution of power and
§ 180.1021 Copper; exemption from the downloaded at: www.fcc.gov.
responsibilities established by Congress
in the preemption provisions of FFDCA requirement of a tolerance. Summary of Order
section 408(n)(4). As such, the Agency (a) * * * 1. By this Order, the Commission
has determined that this action will not (5) Copper oxide embedded in waives until December 2, 2015 the
have a substantial direct effect on States polymer emitter heads used in irrigation requirement in § 15.37(h) of the
or tribal governments, on the systems for root incursion prevention. Commission’s rules that certain
relationship between the national * * * * * National Information Infrastructure (U–
government and the States or tribal [FR Doc. 2015–16224 Filed 6–30–15; 8:45 am] NII) devices must comply with its
governments, or on the distribution of BILLING CODE 6560–50–P § 15.407 rules to be certified on and
power and responsibilities among the after June 2, 2015. This action is taken
various levels of government or between in response to a request by a group of
the Federal Government and Indian FEDERAL COMMUNICATIONS interested parties (Joint Petitioners) to
tribes. Thus, the Agency has determined COMMISSION extend this compliance deadline as part
that Executive Order 13132, entitled of a larger review of the transition
‘‘Federalism’’ (64 FR 43255, August 10, 47 CFR Part 15 provisions the Commission recently
1999) and Executive Order 13175, adopted for the U–NII–3 band.This
[ET Docket No. 13–49; FCC 15–61]
entitled ‘‘Consultation and Coordination action is being taken without prejudice
with Indian Tribal Governments’’ (65 FR Permit Unlicensed National relative to the merits of the Joint
67249, November 9, 2000) do not apply Information Infrastructure (U–NII) Petitioners’ filings in the docket.
to this action. In addition, this action Devices in the 5 GHz Band 2. On April 1, 2014, the Commission
does not impose any enforceable duty or released a First Report and Order in the
contain any unfunded mandate as AGENCY: Federal Communications above-captioned proceeding. This First
described under Title II of the Unfunded Commission. R&O increased the utility of the 5 GHz
Mandates Reform Act (UMRA) (2 U.S.C. ACTION: Final rule; request for waiver. band where U–NII devices operate, and
1501 et seq.). modified certain U–NII rules and testing
SUMMARY: In this document, the procedures to ensure that U–NII devices
This action does not involve any Commission has waived requirements of do not cause harmful interference to
technical standards that would require certain rules that the National authorized users of the band. The First
Agency consideration of voluntary Information Infrastructure (U–NII) R&O, inter alia, extended the upper
consensus standards pursuant to section devices must comply with. This action edge of the 5.725–5.825 GHz U–NII–3
12(d) of the National Technology is in response to a request by a group band to 5.85 GHz and consolidated the
Transfer and Advancement Act of interested parties to extend this provisions applicable to digitally
(NTTAA) (15 U.S.C. 272 note). compliance deadline as part of a larger modulated devices from § 15.247 of the
X. Congressional Review Act review of the transition provision rules with the U–NII–3 rules in § 15.407
adopted for the U–NII–3 band. In order so that all the digitally modulated
Pursuant to the Congressional Review to facilitate the new technical devices operating in the U–NII–3 band
Act (5 U.S.C. 801 et seq.), EPA will requirements, without unduly impairing will operate under the same set of rules
submit a report containing this rule and the availability or cost of U–NII devices and be subject to the new device
other required information to the U.S. or imposing undue burdens on security requirement. Notably, the
Senate, the U.S. House of manufacturers or the public the consolidated rules adopted require the
Representatives, and the Comptroller Commission adopted transition more stringent out-of-band emissions
General of the United States prior to provisions which are outlined in the limit formerly applicable only to U–NII–
publication of the rule in the Federal Commission’s rules. Doing so will give 3 devices in order to protect Terminal
Register. This action is not a ‘‘major the Commission adequate time to Doppler Weather Radar (TDWR)
rule’’ as defined by 5 U.S.C. 804(2). consider the entire record, including the facilities from inference.
Joint Petitioners, as part of the 3. To facilitate the transition to the
List of Subjects in 40 CFR Part 180 reconsideration proceeding. new technical requirements, without
DATES: Effective date: This rule is
unduly impairing the availability or cost
Environmental protection, of U–NII devices or imposing undue
Administrative practice and procedure, effective July 1, 2015. Applicability
date: Applicable June 1, 2015, the burdens on manufacturers, or the
Agricultural commodities, Pesticides public, the Commission adopted
and pests, Reporting and recordkeeping requirements in § 15.37(h) are waived
until December 2, 2015. transition provisions which are outlined
requirements, Cuprous oxide. in § 15.37(h). These transition
FOR FURTHER INFORMATION CONTACT: Aole
Dated: June 18, 2015. provisions require that the marketing,
tkelley on DSK3SPTVN1PROD with RULES

Wilkins, Office of Engineering and sale and importation into the United
Jennifer L. McClain,
Technology, (202) 418–2406, email: States of digitally modulated and hybrid
Acting Director, Antimicrobials Division, Aole.Wilkins@fcc.gov, TTY (202) 418–
Office of Pesticide Programs. devices designed to operate in the U–
2989. NII–3 band and certified under the old
Therefore, 40 CFR chapter I is SUPPLEMENTARY INFORMATION: This is a § 15.247 rules must cease by June 2,
amended as follows: summary of the Commission’s Order, ET 2016. As an intermediate measure, they

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37552 Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations

provide that after June 2, 2015, digital 7. The effective date of the Order is Synopsis
modulation devices and the digital June 1, 2015, the date upon which this As required by the Paperwork
modulation portion of hybrid devices Order was released by the Commission. Reduction Act of 1995 (44 U.S.C. 3507),
designed to operate in the U–NII–3 band Federal Communications Commission. the FCC is notifying the public that it
must meet the new § 15.407 U–NII–3 Marlene H. Dortch, received OMB approval on May 13,
rules to be FCC certified. This waiver 2015, for the revised information
Secretary.
order exclusively addresses the June 2, collection requirements contained in the
[FR Doc. 2015–14806 Filed 6–30–15; 8:45 am]
2015 certification requirement. Commission’s rules at 47 CFR 17.4,
BILLING CODE 6712–01–P
4. Petitions for reconsideration of the 17.48 and 17.49. Under 5 CFR part 1320,
First R&O are still pending. While the an agency may not conduct or sponsor
petitioners have generally alleged that FEDERAL COMMUNICATIONS a collection of information unless it
the current state of the technology COMMISSION displays a current, valid OMB Control
inhibits the design of affordable Number. No person shall be subject to
products that could comply with the 47 CFR Part 17 any penalty for failing to comply with
more stringent out-of-band emission a collection of information subject to the
limits for the U–NII–3 band, the [WT Docket No. 10–88; FCC 14–117] Paperwork Reduction Act that does not
alternatives they suggested have been display a current, valid OMB Control
wide-ranging and many of the parties Amendments To Modernize and Clarify Number. The OMB Control Number is
could not agree on a single solution that the Commission’s Rules Concerning 3060–0645.
would meet the needs of the varying Construction, Marking and Lighting of The foregoing notice is required by
industry segments. Significant Antenna Structures the Paperwork Reduction Act of 1995,
information was, and continues to be, Public Law 104–13, October 1, 1995,
submitted into the record. In particular, AGENCY:Federal Communications and 44 U.S.C. 3507.
on March 23, 2015, the Joint Petitioners Commission. The total annual reporting burdens
filed a self-styled ‘‘Consensus ACTION: Final rule; announcement of and costs for the respondents are as
Proposal.’’ This detailed filing included effective date. follows:
technical rules that would significantly OMB Control Number: 3060–0645.
modify the out-of- band emission limits SUMMARY: In this document, the Federal OMB Approval Date: May 13, 2015.
adopted for the U–NII–3 Band in the Communications Commission OMB Expiration Date: May 31, 2018.
First R&O. Shortly thereafter, the Joint Title: Sections 17.4, 17.48 and 17.49,
(Commission) announces that the Office
Petitioners requested that the Antenna Structure Registration
of Management and Budget (OMB) has
Commission waive § 15.37(h) of the Requirements.
approved, for a period of three years,
rules. Form Number: N/A.
certain information collection
Respondents: Business or other for-
5. In light of the recent activity in the requirements associated with the
profit entities, not-for-profit institutions
docket, The Commission conclude that Commission’s Report and Order
and state, local or tribal government.
there is good cause to grant a waiver of regarding Amendments to Modernize
Number of Respondents and
the June 2, 2015 U–NII device and Clarify the Commission’s rules
Responses: 20,000 respondents; 475,134
certification date. Doing so will give the concerning construction, marking and
responses.
Commission adequate time to consider lighting of antenna structures. This
Estimated Time per Response: .1–.25
the entire record—including the Joint document is being published pursuant
hours.
Petitioners’ ‘‘Consensus Proposal’’—as to the Report and Order, which stated
Frequency of Response: On occasion
part of the reconsideration proceeding, that the Commission would publish a
reporting requirement, recordkeeping
and it will continue to certify U–NII–3 document in the Federal Register
requirement and third party disclosure
band devices meeting the requirements announcing OMB approval and the
requirement.
of the old § 15.427 until December 2, effective date of the revised information
Obligation to Respond: Required to
2015. A brief extension of the collection requirements.
obtain or retain benefits. Statutory
intermediate transition deadline will DATES: Amendments to 47 CFR 17.4, authority for this information collection
not frustrate the ultimate U–NII–3 17.48 and 17.49, published at 79 FR is contained in Sections 4 and 303 of the
transition adopted in the First R&O, 56968, September 24, 2014, are effective Communications Act of 1934, as
including the Commission’s on July 1, 2015. amended, 47 U.S.C. 154, 303.
determinations regarding the marketing, Total Annual Burden: 50,198 hours.
importation, and sale of digitally FOR FURTHER INFORMATION CONTACT:
Total Annual Cost: $64,380.
modulated and hybrid devices. Grant of Cathy Williams by email at
Nature and Extent of Confidentiality:
the waiver, however, will permit Cathy.Williams@fcc.gov and telephone
There is no need for confidentiality with
manufacturers to better plan their at (202) 418–2918.
this collection of information.
research and design activities to comply SUPPLEMENTARY INFORMATION: This Privacy Act Impact Assessment: This
with the outcome of any further action document announces that, on May 13, collection of information does not affect
we may take on reconsideration. 2015, OMB approved certain individuals or households; thus, there
6. Pursuant to the authority in § 1.3 of information collection requirements are no impacts under the Privacy Act.
the Commission’s rules, 47 CFR 1.3, and contained in the Commission’s Report However, respondents may request
sections 302, 303(e), and 303(r) of the and Order, FCC 14–117, published in 79 materials or information submitted to
tkelley on DSK3SPTVN1PROD with RULES

Communications Act of 1934, as FR 56968, September 24, 2014. The the Commission be withheld from
amended, 47 U.S.C. 302, 303(e) and OMB Control Number is 3060–0645. public inspection under 47 CFR 0.459 of
303(r), IT is ordered that the § 15.37(h) The Commission publishes this notice the Commission’s rules.
of the Commission’s rules, 47 CFR as an announcement of the effective Needs and Uses: The Commission
15.37(h) is waived to the extent date of these information collection requested OMB approval for a revision
discussed above until December 2, 2015. requirements. of this information collection in order to

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Document Created: 2015-12-15 13:19:12
Document Modified: 2015-12-15 13:19:12

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; request for waiver.
Contact		Aole Wilkins, Office of Engineering and Technology, (202) 418-2406, email: [email protected], TTY (202) 418-2989.
FR Citation		80 FR 37551