81_FR_36610 81 FR 36501 - Unlicensed National Information Infrastructure (U-NII) Devices in the 5 GHz Band

81 FR 36501 - Unlicensed National Information Infrastructure (U-NII) Devices in the 5 GHz Band

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 81, Issue 109 (June 7, 2016)

Page Range36501-36506
FR Document2016-13510

This document invites interested parties to update and refresh the record on the status of potential sharing solutions between proposed Unlicensed National Information Infrastructure (U-NII) devices and Dedicated Short Range Communications (DSRC) operations in the 5.850-5.925 GHz (U-NII-4) band. The Commission also solicits the submittal of prototype unlicensed interference-avoiding devices for testing, and seeks comment on a proposed FCC test plan to evaluate electromagnetic compatibility of unlicensed devices and DSRC. The collection of relevant empirical data will assist the FCC, the Department of Transportation, and the National Telecommunications and Information Administration in their ongoing collaboration to analyze and quantify the interference potential introduced to DSRC receivers from unlicensed transmitters operating simultaneously in the 5.850- 5.925 GHz band.

Federal Register, Volume 81 Issue 109 (Tuesday, June 7, 2016)
[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Proposed Rules]
[Pages 36501-36506]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13510]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket No. 13-49; FCC 16-68]


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

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document invites interested parties to update and refresh 
the record on the status of potential sharing solutions between 
proposed Unlicensed National Information Infrastructure (U-NII) devices 
and Dedicated Short Range Communications (DSRC) operations in the 
5.850-5.925 GHz (U-NII-4) band. The Commission also solicits the 
submittal of prototype unlicensed interference-avoiding devices for 
testing, and seeks comment on a proposed FCC test plan to evaluate 
electromagnetic compatibility of unlicensed devices and DSRC. The 
collection of relevant empirical data will assist the FCC, the 
Department of Transportation, and the National Telecommunications and 
Information Administration in their ongoing collaboration to analyze 
and quantify the interference potential introduced to DSRC receivers 
from unlicensed transmitters operating simultaneously in the 5.850-
5.925 GHz band.

DATES: Comments are due on or before July 7, 2016, and reply comments 
are due on or before July 22, 2016.

FOR FURTHER INFORMATION CONTACT: Howard Griboff, Office of Engineering 
and Technology, (202) 418-0657, email: [email protected], or Aole 
Wilkins, Office of Engineering and Technology, (202) 418-2406, email: 
[email protected]; TTY (202) 418-2989.

SUPPLEMENTARY INFORMATION: This is a summary of a document in, ET 
Docket No. 13-49, FCC 16-68, adopted May 25, 2016, and released June 1, 
2016. 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. 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).

Synopsis

    The non-Federal Mobile Service operating on a primary basis in the 
5.850-5.925 GHz band is limited to DSRC systems, a component of the 
Intelligent Transportation System (ITS) radio service.
    In a Notice of Proposed Rulemaking in February 2013, the Commission 
explored the potential for future unlicensed operations in the 5.850-
5.925 GHz band, and sought comment on technical requirements and 
sharing technologies and techniques that could be used by unlicensed 
users to protect incumbent operations, and specifically DSRC. See 
Revision of Part 15 of the Commission's Rules to Permit Unlicensed 
National Information Infrastructure (U-NII) Devices in the 5 GHz Band, 
ET Docket No. 13-49, Notice of Proposed Rulemaking, 28 FCC Rcd 1769 
(2013) (NPRM); 78 FR 21320, April 10, 2013.
    In comments on the Commission's proposal, the automobile industry 
and the National Telecommunications and Information Administration 
(NTIA) on behalf the Department of Transportation (DoT) raised 
potential interference concerns with respect to protecting DSRC from 
unlicensed users. Subsequently, in August 2013, the Regulatory Standing 
Committee of IEEE 802.11 formed ``the DSRC Coexistence Tiger Team'' to 
investigate potential mitigation techniques that might enable sharing 
between the proposed unlicensed devices and DSRC equipment. The IEEE 
Tiger Team completed its work in March 2015, stating that it was unable 
to reach a consensus, but instead submitted that further analyses and 
testing could follow.
    The IEEE Tiger Team examined two proposed sharing techniques. The 
``detect and avoid'' approach involves detecting the presence of DSRC 
signals, and avoiding using the spectrum in this band when DSRC signals 
are present. Under this sharing proposal, unlicensed devices would 
monitor the existing 10 megahertz-wide DSRC channels. If an unlicensed 
device detects any transmitted DSRC signal, it would avoid using the 
entire DSRC band to assure no interference occurs to DSRC 
communications. After waiting a certain amount of time the unlicensed 
device would again sense the DSRC spectrum to determine if any DSRC 
channels are in use or whether it could safely transmit.
    The ``re-channelization'' approach involves splitting the DSRC 
spectrum into two contiguous blocks: The upper part of the band 
exclusively for safety-related communications, and permitting 
unlicensed devices to share the lower part of the band with non-safety 
DSRC communications. This would be accomplished by moving the control 
channel and the two public safety channels to the top portion of the 
band, and reconfiguring the remaining four DSRC service channels in the 
lower end of the band as two 20 megahertz channels rather than 
maintaining four 10 megahertz channels. Under this approach, sharing 
between unlicensed devices and non-safety DSRC would occur according to 
the sharing protocols used by standard 802.11 devices, i.e., the device 
would listen for an ``open'' channel in the 5.850-5.895 GHz band and 
transmit if available. Otherwise the device would wait a very short 
period of time, and then try again.
    The Commission now seeks comment on the merits of these two 
approaches. What are the benefits and drawbacks of each approach? Would 
one approach be better than the other (e.g., minimize the risks of 
interference to DSRC more effectively while providing a comparable 
degree of meaningful access to spectrum for unlicensed devices)? For 
either approach, is it necessary for the Commission to specify all the 
details of the interference avoidance mechanism in the FCC rules or can 
this be addressed by relying primarily on industry standards bodies to 
develop the specific sharing methods? If the former, what specific 
technical details need to be specified in the FCC rules (e.g., out of 
bound emissions, noise tolerance, detection threshold, channel vacate 
time, etc.)? Has industry agreed upon performance indicators for DSRC, 
and if so, what are these metrics and is there a process to hold 
products to these performance levels?
    The Commission also seeks comment on how the choice of avoidance 
protocol affects the deployment and performance of DSRC. Would ``re-
channelization'' require any change in the design of the DSRC 
electronic components contained in DSRC prototypes or just require a 
change in the processing of the data? The Commission seeks comment on

[[Page 36502]]

whether changing the channel plan would require re-testing of DSRC and, 
if so, precisely what would need to be done, why, and in what 
timeframe? Commenters responding to this question should provide 
specific information about why the completed tests are not applicable 
to re-channelization, how any new tests will differ from those already 
performed, and the relevant timeframes for completing these specific 
tasks.
    Further, any testing, studies or analyses that have been performed 
regarding DSRC capabilities, Wi-Fi performance, interference studies or 
the potential benefits or drawbacks of sharing, which are relied upon 
by stakeholders in this proceeding, either in the past or going 
forward, need to be filed in the record to be considered. Additionally, 
has any testing been done regarding DSRC self-interference or potential 
harmful interference with satellite and government co-channel or 
adjacent users? Any such information filed should include the test 
plans, results, and underlying data needed to fully evaluate the 
submission. If there are data or reports that are not public, parties 
should describe the data and reports and explain why it is necessary to 
submit this information confidentially.
    The Commission also seeks comment on what DSRC-related use cases 
should be expected and permitted in this band. Commenters should 
provide specific information regarding what DSRC applications are 
anticipated, what are the projected spectrum needs for each 
application, and how would the commenter classify each (i.e., safety, 
non-safety, time critical or not)? Should the DSRC offerings provided 
on a priority or exclusive basis be restricted to safety-of-life or 
crash avoidance purposes? What are the technical or policy reasons for 
differentiating between safety-of-life and non-safety-of-life 
applications? Are there meaningful distinctions between DSRC 
applications that are safety-related and those that are not, such as 
applications that are time critical? For parties that advocate for re-
channelization, is there a natural bifurcation point if the Commission 
decides to separate safety-related and non-safety-related DSRC? For 
instance, while entertainment, social media, maps, and parking 
applications are not safety-related, what is a good definition for a 
feature or service to be considered truly a safety-of-life use? How 
does our current band plan and these sharing approaches match up with 
international efforts for safety-related DSRC systems?
    To fully evaluate the potential effects of re-channelization, the 
Commission requests information on the projected timeframe for 
introduction of DSRC deployments under the current channel plan. What 
market penetration (e.g., percentage of cars on the road) is needed for 
DSRC to reliably provide safety-of-life functions or prevent vehicle-
to-vehicle collisions? What are the projected timeframes for achieving 
the penetration levels needed for each safety-of-life or crash 
avoidance function to be effective? Will these penetration levels be 
met by equipment that is native to the automobile or through standalone 
or retrofit devices? Would these timeframes change if re-channelization 
occurs and by how much? In the meantime, what other spectrum bands, 
driver-assist technologies, and commercial offerings are providing 
similar services to those envisioned using DSRC? Is it possible that 
autonomous car and other technologies could bypass DSRC safety-of-life 
capabilities prior to reaching a sufficient technology penetration to 
make this service effective?
    Does the 5.850-5.895 MHz portion of the band potentially offer the 
most value for unlicensed operations? What are the advantages and 
disadvantages of combining the non-safety-related channels into larger 
channels? How should portions of the band not required for safety-of-
life applications be shared among DSRC and unlicensed operations? For 
instance, should non-safety of life DSRC applications share the lower 
re-channelized band on an equal basis with unlicensed operators or have 
some priority? If commercial or other non-safety DSRC applications have 
priority access to the band, is a detect-and-vacate protocol necessary 
or does the IEEE 802.11 standard or other protocols allow for 
prioritization of DSRC traffic without the need to vacate non-safety 
channels for a pre-determined time period?
    In addition, the Commission invites interested parties to suggest 
other approaches that would facilitate unlicensed use of the 5.850-
5.925 GHz band without causing harmful interference to DSRC operations. 
Would a hybrid approach taking elements from both the ``detect and 
avoid'' and the ``re-channelization'' proposals create benefits for 
both DSRC and U-NII users? Are there advantages to an approach where 
unlicensed operators would use technologies such as the standard Wi-Fi 
protocol to share access to the non-safety-of-life DSRC operations in 
the lower 45 megahertz of spectrum, while unlicensed devices would use 
a ``detect and avoid'' approach to avoid, and thus protect, co-channel 
safety-of-life DSRC operations in the upper 30 megahertz of spectrum? 
Is it feasible to develop a ``hybrid chip'' that would implement a DSRC 
standard receiver for detection purposes to allow unlicensed use, if 
the spectrum is clear? Would it be viable to employ an approach based 
on use of a database to control access to the spectrum similar to that 
used for the Citizens Broadband Band Radio Service at 3.5 GHz or for 
White Space devices in the TV and 600 MHz Service bands? The Commission 
asks parties to propose mitigation techniques with adequate specificity 
and detail so that the Commission can compare and contrast them with 
the proposals already being considered. In that regard, the Commission 
seeks comment on the viability of any new proposal, and benefits and 
costs of the suggested technique, and on any trade-offs related to the 
proposal.
    The Commission invites comment on the ramifications of any of the 
sharing techniques relative to indoor as well as outdoor use. For 
instance, is re-channelization, detect and avoid, or a hybrid approach 
more or less likely to allow for unlicensed indoor and outdoor 
deployments? Do certain sharing techniques permit more or less indoor 
or outdoor unlicensed use in certain geographic areas? Are there 
technical parameters that could be put into place to obviate 
interference concerns and facilitate deployment of unlicensed networks 
in either indoor or outdoor environments? For example, would it be 
feasible to tie the use of lower power levels for indoor-only devices 
to a less rigorous DSRC detection method in those devices, leaving the 
more sensitive DSRC detection methods to higher power outdoor-only 
units? Is it reasonable to assume that indoor-only devices are less 
likely to cause interference to DSRC outdoors, thus allowing for less 
aggressive detection sensitivity? If so, what technical characteristics 
would be required? The Commission seeks a full record on this technique 
and its specification to assess whether it is possible to share the 
DSRC band in this manner.
    The Commission invites parties to submit 5.9 GHz prototype 
unlicensed, interference-avoiding devices to the Commission for 
testing. The Commission also request that parties provide 5.9 GHz DSRC 
equipment, against which to test the prototype unlicensed, interference 
avoiding devices. In addition, the Commission requests comment on what 
date is reasonable for prototype submission, and what constitutes an 
acceptable prototype (e.g., does the device need to be able to 
communicate with another device, or is it sufficient for the device

[[Page 36503]]

to only demonstrate the sharing technique?). The deadline for 
submission of prototypes shall be July 30, 2016; however, the Office of 
Engineering and Technology (OET) is delegated the authority to 
establish the submission requirements and grant waivers or extensions 
of the submission deadline or requirements, as necessary. Given the 
importance of this item, parties should explain in detail in any waiver 
or extension request why such request should be granted. Parties that 
would like to submit devices for testing should advise OET as soon as 
possible and should deliver their device at their earliest opportunity. 
To arrange delivery of a device, please contact Reza Biazaran at (301) 
362-3052 or [email protected].
    The Commission, in coordination with the DoT and NTIA, will test 
the prototype equipment as follows:
    Phase I: Testing at the FCC Laboratory in Columbia, Maryland to 
determine the prototypes' technical characteristics and how they are 
designed to avoid causing harmful interference to DSRC.
    Phase II: Basic field tests with a few vehicles at a DoT facility. 
The Phase II tests will determine whether the techniques to avoid 
interference that were evaluated in Phase I's lab tests are effective 
in the field.
    Phase III: Tests in ``real-world'' scenarios, with many vehicles, 
more test devices, and at a suitable facility.
    The Commission seeks comment on the proposed Phase I test plan as 
set forth below. The Phase I test plan describes an approach and 
methodology to empirically determine interference tolerance and 
thresholds associated with the DSRC receive components of the Vehicle-
to-Vehicle (V2V) and Vehicle-to-Infrastructure (V2I) communication 
links relative to the introduction of U-NII emissions into the 5.850-
5.925 GHz band, and to evaluate the effectiveness and reliability of 
any U-NII device interference mitigation capabilities. Since U-NII 
represents an unlicensed application for which any interference 
received from the operation of an authorized radio service must be 
accepted, the test plan does not assess the interference potential from 
DSRC transmissions to projected U-NII receivers.
    The data resulting from the Commission's tests are intended to 
inform the Phase II and Phase III analyses in which other relevant 
factors can be given further consideration, and the analytical results 
can be validated through limited field tests.
    The three phases of the test plan are interdependent. The 
Commission anticipates that all three phases of the test plan will be 
completed before reaching any conclusions as to how unlicensed devices 
can safely operate in the 5.850-5.925 GHz band. The Commission, 
however, expects that testing will be concluded and submitted into the 
record no later than January 15, 2017. Given the importance of this 
item, parties should explain in detail why any additional time should 
be allocated. Engineers from the FCC will carefully examine the options 
and mechanisms for sharing in the 5.850-5.925 GHz band and closely 
scrutinize the myriad interference prevention approaches.
    The following section describes the Phase I technical 
characterization effort for evaluating the potential for 
electromagnetic compatibility (EMC) between U-NII Devices and DSRC 
operations associated with the ITS under the proposal to share the 
5.850-5.925 GHz band.

Proposed Phase I Test Plan

1.0 Introduction

1.1 Objective
    The objective of this test effort is to collect the data necessary 
to establish interference thresholds associated with key performance 
parameters that can then be used in subsequent scenario-based analyses 
to better assess the interference potential to DSRC operations that 
might be introduced from sharing the frequency band with unlicensed (U-
NII) devices. In addition, any interference mitigation capabilities 
provided by the U-NII prototype test samples will be evaluated for 
viability, efficiency, and reliability.
1.2 Approach
    It is recognized that the EMC concerns introduced by the proposal 
to share the DSRC frequency band with unlicensed operations are 
complex, primarily due to the dynamic variabilities associated with 
each system under consideration. For example, U-NII applications are 
predominately utilized to establish local area networks (LANs), 
typically in support of Wi-Fi access and usage, although fixed point-
to-point communication links for supporting Internet backhaul 
applications are also likely. While the access points associated with 
LAN applications are typically relatively fixed in terms of location, 
the client devices that communicate with them can be quite mobile. 
Similarly, the DSRC roadside units (RSUs) are typically sited at fixed 
locations along roadways, but the on-board units (OBU's) that 
communicate with the RSU's and with other OBU's are vehicle-mounted and 
thus can involve high-velocity dynamic mobility. As such, it will be 
impractical to examine each and every potential interaction involving 
U-NII transmissions relative to DSRC receivers in either an empirical 
or analytical effort. Therefore, the approach proposed in this test 
plan represents an attempt to contain the myriad of variable conditions 
within a space bounded between ``best case'' (no interference) and 
``worst case'' (maximum interference) conditions. Subsequent analytical 
efforts can then introduce appropriate scenario-based considerations, 
and examine associated subtleties such as the probability of occurrence 
and the maximum duration of potential interference interactions.
    In an effort to deal with these complexities, the examination of 
compatibility between proposed U-NII transmitters and DSRC receivers 
sharing the same frequency band will employ a phased approach, with the 
various interested agencies (i.e., FCC, NTIA, and DoT) collaborating in 
each distinct test phase. Each successive phase of the study will 
progressively consider additional interference interaction 
variabilities. The first phase of this effort will be performed at the 
FCC Laboratory in Columbia, Maryland and will involve bench tests in a 
laboratory environment assuming static conditions (i.e., vehicle 
dynamics not considered). It is envisioned that the Phase II effort 
will utilize the Phase I data to support analytical efforts to assess 
compatibility under scenario-specific conditions and will also include 
some result verification through limited scenario-based field tests. 
The final phase (Phase III) of the study is envisioned to utilize the 
Phase II results, adjusted accordingly based on the verification test 
observations, to expand the field testing under ``real world'' 
conditions such as those proposed in Section 6.0 of the DoT Test Plan.
    This test plan primarily describes the proposed Phase I effort of 
this study, to be performed by FCC engineers at its laboratory facility 
in Columbia, MD, with the support of DoT engineers.

2.0 Phase I Test Proposals

2.1 Potential Interference Mechanisms
    It is anticipated that the likely interference mechanisms 
associated with sharing the DSRC frequency band are: (1) A potential 
for degrading the DSRC receiver noise floor, and thus, the link signal-
to-noise ratio (SNR) due to additive noise-like interference introduced 
by proposed U-NII devices; (2) a potential for corruption of received 
data packets due to introduced interference, resulting in an increased

[[Page 36504]]

packet error rate (PER) and/or reduced data throughput; (3) a potential 
for channel access contention, resulting in an increase in the time 
required for DSRC channel access; and (4) a potential for receiver 
saturation or overload due to short-range, co-tuned interactions. These 
represent the potential interference mechanisms and associated metrics 
that will be examined as a part of this proposed Phase I test effort.
2.2 Potential Interference Mitigation Techniques
    Several possible techniques and strategies have been proposed for 
mitigating interference interactions between projected U-NII 
transmitters and DSRC receivers. The IEEE Tiger Team explored two 
possible options: (1) The use of the existing DSRC channel plan with a 
clear channel assessment (CCA) capability specified for U-NII 
transmissions in the 10-MHz DSRC channels, and (2) the adoption of a 
modified DSRC channel plan (i.e., bi-furcation of the DSRC frequency 
band) with a CCA capability specified in 20-MHz channels. The NTIA 5 
GHz Report proposed more general mitigation strategies, such as several 
possible detection methodologies for use in implementing a CCA 
capability (e.g., energy, matched filter, and signal detection), and a 
geo-location/database mitigation approach. The NTIA 5 GHz Report also 
identifies some of the potential inadequacies associated with each of 
these potential interference mitigation approaches.
    The 802.11 standard under which U-NII operates currently provides 
for two methods of implementing a CCA capability. The first method, 
known as Carrier Sensing (CS), involves a determination of channel 
availability through the detection (reception) and decoding of the 
preamble of a data packet transmitted by the current channel occupant. 
Most 802.11 U-NII devices utilize the same basic CS technique, known as 
Carrier Sense Multiple Access with Collision Avoidance (CSMA/CA). The 
FCC does not specify nor regulate CS requirements for U-NII devices. 
The second CCA method specified in the 802.11 standard is known as 
Dynamic Frequency Selection (DFS) where a U-NII device must identify an 
occupied channel through the detection of the channel occupants radio-
frequency (RF) energy levels relative to an established threshold value 
(i.e., Energy Detection (ED)), without regard to signal structure 
specifics. This technique is required for U-NII devices that share 
other portions of the 5 GHz spectrum in order to preclude interference 
to critical Government Radar operations. DFS requirements and 
compliance tests were developed cooperatively between FCC, NTIA and 
DoD, and are enforced by the FCC.
    Since U-NII device access to the spectrum is on a non-interference 
basis (NIB), DSRC must be accorded primacy in any channel access 
protocol. Such access prioritization will also likely be required for 
all of the seven 10-MHz channels that are assigned to DSRC. Thus, to 
ensure DSRC preferential access, a U-NII device must be capable of 
detecting an access-contending DSRC signal at energy levels that are 
equal to, or below, the DSRC receiver sensitivity level on each of the 
seven DSRC channels.
    As a primary element of this Phase I effort, the FCC will perform 
benchtop measurements of those prototype U-NII devices submitted for 
testing that implement these, or other not yet proposed, interference 
mitigation capabilities. The actual tests to be performed will be 
tailored to the particular mitigation strategy employed, and will be 
designed to ensure the effectiveness and reliability associated with 
the detection and recognition of DSRC-occupied channels.
2.3 General Test Approach
    It is not possible to design a detailed comprehensive plan for 
testing all of the components identified for examination in the Phase I 
test program until we have access to U-NII devices designed for 
operation in the 5.9 GHz frequency band and DSRC RSU and OBU equipment 
to test against. Therefore, what is proposed below represents a general 
plan for achieving the identified objectives. This plan will be adapted 
as necessary once more details of the devices to be tested are made 
available.
    The first step in the Phase I effort is to solicit the devices 
necessary to implement the test plan, as the Commission does in this 
document. The FCC requests that industry provide prototype U-NII 
devices projected for operation in the 5.9 GHz frequency band, to 
include interference mitigation capabilities, for test and evaluation. 
The FCC, working cooperatively with NTIA and DoT, also request that the 
DSRC equipment necessary to exercise this test plan be provided. In 
addition, technical support must be made available to assist in 
configuring the devices for testing and in accessing the requisite 
device control and resulting data. All of the devices will be required 
to have appropriate software controls to perform the tests under a 
controlled environment.
    As devices are submitted to the FCC laboratory as test samples, 
they will first be technically characterized through the measurement of 
standard RF parameters such as the occupied bandwidth (OBW), 
fundamental power, and unwanted emission levels associated with the 
transmitted signals, and the sensitivity and noise floor levels 
associated with the receivers. The measured parameters will be compared 
with appropriate specifications (e.g., IEEE 802.11ac, IEEE 802.11p, 
ASTM E2213, FCC regulations, and other applicable rules and standards).
    Once the characterization measurements are complete, DSRC links 
will be established to simulate simple RSU-to-OBU and OBU-to-OBU two-
way wireless communication. Upon successful establishment of such 
communication links, and before any interference signals are 
introduced, measurements will be performed to establish base-line 
values for parameters such as SNR (signal-to-noise ratio), PER (packet 
error rate), network delay and the variance in network delay (also 
known as jitter).
    After the completion of baseline testing, a single U-NII signal, or 
simulation thereof (e.g., band-limited additive white Gaussian noise 
(AWGN)), will be introduced on a co-tuned basis (i.e., with coincident 
center frequencies) initially at a very low power level. The U-NII 
power level will then be incremented (1-3 dB steps) while the 
designated performance parameters are monitored and recorded. The 
results of this test will provide the data necessary to determine the 
DSRC tolerance to U-NII interference in a ``worst-case'' interference 
interaction (i.e., co-tuned operation). It is recognized that U-NII 
transmitters, particularly those used to provide Wi-Fi services, can 
utilize variable OBW's (occupied bandwidths) and are capable of 
implementing several combinations of data modulation and coding rate 
(Modulation-Coding Scheme or MCS) on a variable basis, depending on the 
transmission channel conditions. FCC experience gained from developing 
and instituting compliance measurement of U-NII transmissions suggest 
that there are only subtle differences in the relevant signal 
parameters among these combinations; however, measurements will be 
performed using different combinations of these variable parameters in 
an effort to identify a ``worst-case'' mode and to quantify the 
differential magnitude of the effect on a DSRC receiver.
    The procedure described above will then be repeated with the U-NII 
transmit signal re-tuned to the center frequency of each of the two 
adjacent

[[Page 36505]]

DSRC channels relative to the DSRC-occupied channel (i.e., upper and 
lower first adjacent channels). This measurement will produce data that 
can be used to determine the adjacent-channel rejection capability of a 
DSRC receiver which in turn can be used to inform an assessment of EMC 
assuming adjacent-channel operation. Dependent upon the results of this 
test and time constraints, this process may be repeated with the U-NII 
device tuned to DSRC channels further removed (in frequency) from the 
DSRC-occupied channel (i.e., second adjacent channel interaction).
    Once these tests are complete, the potential effects of network 
loading (LAN and DSRC) and interference aggregation will be examined by 
the addition of supplementary DSCR links and U-NII devices to the test 
configuration as the availability of devices permit.
    Similar procedures, with modifications based on the protocols 
implemented by the prototype U-NII sample devices, will be used to 
evaluate the effectiveness and reliability of any interference 
mitigation capabilities (e.g., DSRC signal detection methods, Clear 
Channel Assessment capability of U-NII devices, and other mitigation 
methods not yet defined).

3.0 Summary

    The plan presented herein represents a ``high-level'' approach to 
the Phase I testing intended to acquire the empirical data necessary to 
further an examination of the potential for achieving EMC between U-NII 
devices and DSRC operations under the FCC proposal to share the 5.9 GHz 
frequency band. The proposed test procedures and methodologies will be 
further refined as more information becomes available with respect to 
the U-NII and DSRC devices anticipated to share this spectrum. The FCC 
requests relevant technical input in the form of comments from other 
concerned parties in the interest of enhancing and/or improving this 
test plan proposal.

Conclusion

    The FCC, in consultation with the DoT and NTIA, will continue to 
collaborate, as well as engage with other stakeholders, and may make 
adjustments to the plan as it evolves. Our goal is to collect the 
relevant empirical data for use in analyzing and quantifying the 
interference potential introduced to DSRC receivers from unlicensed 
transmitters operating simultaneously in the 5.850-5.925 GHz band. The 
Commission anticipates that the tests conducted to date, combined with 
the results of the three-phase test plan described above, will provide 
reliable, real-world data on the performance of unlicensed devices 
designed to avoid interfering with DSRC operations in the 5.850-5.925 
GHz band.

Procedural Matters

Ex Parte Rules

    This proceeding has been designated as a ``permit-but-disclose'' 
proceeding 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) 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.

Filing Requirements

    Comments are due on or before July 7, 2016, and reply comments are 
due on or before July 22, 2016. All filings must refer to ET Docket No. 
13-49.
    Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 
CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
    Electronic Filers: Comments may be filed electronically using the 
Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
    Paper Filers: Parties who choose to file by paper must file an 
original and one copy of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    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 must be delivered to FCC Headquarters at 445 
12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 
8:00 a.m. to 7:00 p.m. 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 mail (other than U.S. Postal Service Express 
Mail and Priority Mail) must be sent to 9300 East Hampton Drive, 
Capitol Heights, MD 20743.
    U.S. Postal Service first-class, Express, and Priority mail must be 
addressed to 445 12th Street SW., Washington DC 20554.
    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).

Initial Regulatory Flexibility Analysis

    The NPRM included an Initial Regulatory Flexibility Analysis 
(IRFA). That IRFA invited comment ``on making available an additional 
195 megahertz of spectrum in the 5.35-5.47 GHz and 5.85-5.925 GHz bands 
for U-NII use.'' This document seeks further comment on some of the 
proposals initially raised

[[Page 36506]]

in the NPRM and alternative proposals submitted into the record of this 
proceeding. We request supplemental comments on the IRFA in light of 
the details and issues raised in this document. These comments must be 
filed in accordance with the same filing deadlines as comments filed in 
response to this document as set forth on the first page of this 
document and have a separate and distinct heading designating them as 
responses to the IRFA.

Paperwork Reduction Act Analysis

    The NPRM included a separate request for comment from the general 
public and the Office of Management and Budget on the information 
collection requirements contained therein, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13, and the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198. As noted above, this 
document seeks further comment on some proposals and alternatives 
initially raised in the NPRM. We invite supplemental comment on these 
requirements in light of the details and issues raised in this 
document.

Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2016-13510 Filed 6-6-16; 8:45 am]
BILLING CODE 6712-01-P



                                                                                Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Proposed Rules                                          36501

                                                      List of Subjects in 40 CFR Part 52                      full text of this document is available for            unlicensed device detects any
                                                        Environmental protection, Air                         inspection and copying during normal                   transmitted DSRC signal, it would avoid
                                                      pollution control, Incorporation by                     business hours in the FCC Reference                    using the entire DSRC band to assure no
                                                      reference, Intergovernmental relations,                 Center (Room CY–A257), 445 12th                        interference occurs to DSRC
                                                      Ozone, Nitrogen dioxide, Volatile                       Street SW., Washington, DC 20554. The                  communications. After waiting a certain
                                                      organic compounds.                                      full text may also be downloaded at:                   amount of time the unlicensed device
                                                                                                              www.fcc.gov. People with Disabilities:                 would again sense the DSRC spectrum
                                                        Dated: May 26, 2016.                                  To request materials in accessible                     to determine if any DSRC channels are
                                                      Ron Curry,                                              formats for people with disabilities                   in use or whether it could safely
                                                      Regional Administrator, Region 6.                       (braille, large print, electronic files,               transmit.
                                                      [FR Doc. 2016–13493 Filed 6–6–16; 8:45 am]              audio format), send an email to fcc504@                   The ‘‘re-channelization’’ approach
                                                      BILLING CODE 6560–50–P                                  fcc.gov or call the Consumer &                         involves splitting the DSRC spectrum
                                                                                                              Governmental Affairs Bureau at (202)                   into two contiguous blocks: The upper
                                                                                                              418–0530 (voice), (202) 418–0432 (tty).                part of the band exclusively for safety-
                                                      FEDERAL COMMUNICATIONS                                                                                         related communications, and permitting
                                                                                                              Synopsis                                               unlicensed devices to share the lower
                                                      COMMISSION
                                                                                                                 The non-Federal Mobile Service                      part of the band with non-safety DSRC
                                                      47 CFR Part 15                                          operating on a primary basis in the                    communications. This would be
                                                                                                              5.850–5.925 GHz band is limited to                     accomplished by moving the control
                                                      [ET Docket No. 13–49; FCC 16–68]                        DSRC systems, a component of the                       channel and the two public safety
                                                                                                              Intelligent Transportation System (ITS)                channels to the top portion of the band,
                                                      Unlicensed National Information
                                                                                                              radio service.                                         and reconfiguring the remaining four
                                                      Infrastructure (U–NII) Devices in the 5                    In a Notice of Proposed Rulemaking                  DSRC service channels in the lower end
                                                      GHz Band                                                in February 2013, the Commission                       of the band as two 20 megahertz
                                                      AGENCY:  Federal Communications                         explored the potential for future                      channels rather than maintaining four
                                                      Commission.                                             unlicensed operations in the 5.850–                    10 megahertz channels. Under this
                                                      ACTION: Proposed rule.                                  5.925 GHz band, and sought comment                     approach, sharing between unlicensed
                                                                                                              on technical requirements and sharing                  devices and non-safety DSRC would
                                                      SUMMARY:   This document invites                        technologies and techniques that could                 occur according to the sharing protocols
                                                      interested parties to update and refresh                be used by unlicensed users to protect                 used by standard 802.11 devices, i.e.,
                                                      the record on the status of potential                   incumbent operations, and specifically                 the device would listen for an ‘‘open’’
                                                      sharing solutions between proposed                      DSRC. See Revision of Part 15 of the                   channel in the 5.850–5.895 GHz band
                                                      Unlicensed National Information                         Commission’s Rules to Permit                           and transmit if available. Otherwise the
                                                      Infrastructure (U–NII) devices and                      Unlicensed National Information                        device would wait a very short period
                                                      Dedicated Short Range Communications                    Infrastructure (U–NII) Devices in the 5                of time, and then try again.
                                                      (DSRC) operations in the 5.850–5.925                    GHz Band, ET Docket No. 13–49, Notice                     The Commission now seeks comment
                                                      GHz (U–NII–4) band. The Commission                      of Proposed Rulemaking, 28 FCC Rcd                     on the merits of these two approaches.
                                                      also solicits the submittal of prototype                1769 (2013) (NPRM); 78 FR 21320, April                 What are the benefits and drawbacks of
                                                      unlicensed interference-avoiding                        10, 2013.                                              each approach? Would one approach be
                                                      devices for testing, and seeks comment                     In comments on the Commission’s                     better than the other (e.g., minimize the
                                                      on a proposed FCC test plan to evaluate                 proposal, the automobile industry and                  risks of interference to DSRC more
                                                      electromagnetic compatibility of                        the National Telecommunications and                    effectively while providing a
                                                      unlicensed devices and DSRC. The                        Information Administration (NTIA) on                   comparable degree of meaningful access
                                                      collection of relevant empirical data                   behalf the Department of Transportation                to spectrum for unlicensed devices)? For
                                                      will assist the FCC, the Department of                  (DoT) raised potential interference                    either approach, is it necessary for the
                                                      Transportation, and the National                        concerns with respect to protecting                    Commission to specify all the details of
                                                      Telecommunications and Information                      DSRC from unlicensed users.                            the interference avoidance mechanism
                                                      Administration in their ongoing                         Subsequently, in August 2013, the                      in the FCC rules or can this be
                                                      collaboration to analyze and quantify                   Regulatory Standing Committee of IEEE                  addressed by relying primarily on
                                                      the interference potential introduced to                802.11 formed ‘‘the DSRC Coexistence                   industry standards bodies to develop
                                                      DSRC receivers from unlicensed                          Tiger Team’’ to investigate potential                  the specific sharing methods? If the
                                                      transmitters operating simultaneously in                mitigation techniques that might enable                former, what specific technical details
                                                      the 5.850–5.925 GHz band.                               sharing between the proposed                           need to be specified in the FCC rules
                                                      DATES: Comments are due on or before
                                                                                                              unlicensed devices and DSRC                            (e.g., out of bound emissions, noise
                                                      July 7, 2016, and reply comments are                    equipment. The IEEE Tiger Team                         tolerance, detection threshold, channel
                                                      due on or before July 22, 2016.                         completed its work in March 2015,                      vacate time, etc.)? Has industry agreed
                                                                                                              stating that it was unable to reach a                  upon performance indicators for DSRC,
                                                      FOR FURTHER INFORMATION CONTACT:
                                                                                                              consensus, but instead submitted that                  and if so, what are these metrics and is
                                                      Howard Griboff, Office of Engineering                   further analyses and testing could                     there a process to hold products to these
                                                      and Technology, (202) 418–0657, email:                  follow.                                                performance levels?
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      Howard.Griboff@fcc.gov, or Aole                            The IEEE Tiger Team examined two                       The Commission also seeks comment
                                                      Wilkins, Office of Engineering and                      proposed sharing techniques. The                       on how the choice of avoidance protocol
                                                      Technology, (202) 418–2406, email:                      ‘‘detect and avoid’’ approach involves                 affects the deployment and performance
                                                      Aole.Wilkins@fcc.gov; TTY (202) 418–                    detecting the presence of DSRC signals,                of DSRC. Would ‘‘re-channelization’’
                                                      2989.                                                   and avoiding using the spectrum in this                require any change in the design of the
                                                      SUPPLEMENTARY INFORMATION:    This is a                 band when DSRC signals are present.                    DSRC electronic components contained
                                                      summary of a document in, ET Docket                     Under this sharing proposal, unlicensed                in DSRC prototypes or just require a
                                                      No. 13–49, FCC 16–68, adopted May 25,                   devices would monitor the existing 10                  change in the processing of the data?
                                                      2016, and released June 1, 2016. The                    megahertz-wide DSRC channels. If an                    The Commission seeks comment on


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                                                      36502                     Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Proposed Rules

                                                      whether changing the channel plan                       requests information on the projected                  spectrum? Is it feasible to develop a
                                                      would require re-testing of DSRC and, if                timeframe for introduction of DSRC                     ‘‘hybrid chip’’ that would implement a
                                                      so, precisely what would need to be                     deployments under the current channel                  DSRC standard receiver for detection
                                                      done, why, and in what timeframe?                       plan. What market penetration (e.g.,                   purposes to allow unlicensed use, if the
                                                      Commenters responding to this question                  percentage of cars on the road) is                     spectrum is clear? Would it be viable to
                                                      should provide specific information                     needed for DSRC to reliably provide                    employ an approach based on use of a
                                                      about why the completed tests are not                   safety-of-life functions or prevent                    database to control access to the
                                                      applicable to re-channelization, how                    vehicle-to-vehicle collisions? What are                spectrum similar to that used for the
                                                      any new tests will differ from those                    the projected timeframes for achieving                 Citizens Broadband Band Radio Service
                                                      already performed, and the relevant                     the penetration levels needed for each                 at 3.5 GHz or for White Space devices
                                                      timeframes for completing these specific                safety-of-life or crash avoidance                      in the TV and 600 MHz Service bands?
                                                      tasks.                                                  function to be effective? Will these                   The Commission asks parties to propose
                                                         Further, any testing, studies or                     penetration levels be met by equipment                 mitigation techniques with adequate
                                                      analyses that have been performed                       that is native to the automobile or                    specificity and detail so that the
                                                      regarding DSRC capabilities, Wi-Fi                      through standalone or retrofit devices?                Commission can compare and contrast
                                                      performance, interference studies or the                Would these timeframes change if re-                   them with the proposals already being
                                                      potential benefits or drawbacks of                      channelization occurs and by how                       considered. In that regard, the
                                                      sharing, which are relied upon by                       much? In the meantime, what other                      Commission seeks comment on the
                                                      stakeholders in this proceeding, either                 spectrum bands, driver-assist                          viability of any new proposal, and
                                                      in the past or going forward, need to be                technologies, and commercial offerings                 benefits and costs of the suggested
                                                      filed in the record to be considered.                   are providing similar services to those                technique, and on any trade-offs related
                                                      Additionally, has any testing been done                 envisioned using DSRC? Is it possible                  to the proposal.
                                                      regarding DSRC self-interference or                     that autonomous car and other                             The Commission invites comment on
                                                      potential harmful interference with                     technologies could bypass DSRC safety-                 the ramifications of any of the sharing
                                                      satellite and government co-channel or                  of-life capabilities prior to reaching a               techniques relative to indoor as well as
                                                      adjacent users? Any such information                    sufficient technology penetration to                   outdoor use. For instance, is re-
                                                      filed should include the test plans,                    make this service effective?                           channelization, detect and avoid, or a
                                                      results, and underlying data needed to                    Does the 5.850–5.895 MHz portion of                  hybrid approach more or less likely to
                                                      fully evaluate the submission. If there                 the band potentially offer the most value              allow for unlicensed indoor and outdoor
                                                      are data or reports that are not public,                for unlicensed operations? What are the                deployments? Do certain sharing
                                                      parties should describe the data and                    advantages and disadvantages of                        techniques permit more or less indoor
                                                      reports and explain why it is necessary                 combining the non-safety-related                       or outdoor unlicensed use in certain
                                                      to submit this information                              channels into larger channels? How                     geographic areas? Are there technical
                                                      confidentially.                                         should portions of the band not required               parameters that could be put into place
                                                         The Commission also seeks comment                    for safety-of-life applications be shared              to obviate interference concerns and
                                                      on what DSRC-related use cases should                   among DSRC and unlicensed                              facilitate deployment of unlicensed
                                                      be expected and permitted in this band.                 operations? For instance, should non-                  networks in either indoor or outdoor
                                                      Commenters should provide specific                      safety of life DSRC applications share                 environments? For example, would it be
                                                      information regarding what DSRC                         the lower re-channelized band on an                    feasible to tie the use of lower power
                                                      applications are anticipated, what are                  equal basis with unlicensed operators or               levels for indoor-only devices to a less
                                                      the projected spectrum needs for each                   have some priority? If commercial or                   rigorous DSRC detection method in
                                                      application, and how would the                          other non-safety DSRC applications                     those devices, leaving the more
                                                      commenter classify each (i.e., safety,                  have priority access to the band, is a                 sensitive DSRC detection methods to
                                                      non-safety, time critical or not)? Should               detect-and-vacate protocol necessary or                higher power outdoor-only units? Is it
                                                      the DSRC offerings provided on a                        does the IEEE 802.11 standard or other                 reasonable to assume that indoor-only
                                                      priority or exclusive basis be restricted               protocols allow for prioritization of                  devices are less likely to cause
                                                      to safety-of-life or crash avoidance                    DSRC traffic without the need to vacate                interference to DSRC outdoors, thus
                                                      purposes? What are the technical or                     non-safety channels for a pre-                         allowing for less aggressive detection
                                                      policy reasons for differentiating                      determined time period?                                sensitivity? If so, what technical
                                                      between safety-of-life and non-safety-of-                 In addition, the Commission invites                  characteristics would be required? The
                                                      life applications? Are there meaningful                 interested parties to suggest other                    Commission seeks a full record on this
                                                      distinctions between DSRC applications                  approaches that would facilitate                       technique and its specification to assess
                                                      that are safety-related and those that are              unlicensed use of the 5.850–5.925 GHz                  whether it is possible to share the DSRC
                                                      not, such as applications that are time                 band without causing harmful                           band in this manner.
                                                      critical? For parties that advocate for re-             interference to DSRC operations. Would                    The Commission invites parties to
                                                      channelization, is there a natural                      a hybrid approach taking elements from                 submit 5.9 GHz prototype unlicensed,
                                                      bifurcation point if the Commission                     both the ‘‘detect and avoid’’ and the ‘‘re-            interference-avoiding devices to the
                                                      decides to separate safety-related and                  channelization’’ proposals create                      Commission for testing. The
                                                      non-safety-related DSRC? For instance,                  benefits for both DSRC and U–NII users?                Commission also request that parties
                                                      while entertainment, social media,                      Are there advantages to an approach                    provide 5.9 GHz DSRC equipment,
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      maps, and parking applications are not                  where unlicensed operators would use                   against which to test the prototype
                                                      safety-related, what is a good definition               technologies such as the standard Wi-Fi                unlicensed, interference avoiding
                                                      for a feature or service to be considered               protocol to share access to the non-                   devices. In addition, the Commission
                                                      truly a safety-of-life use? How does our                safety-of-life DSRC operations in the                  requests comment on what date is
                                                      current band plan and these sharing                     lower 45 megahertz of spectrum, while                  reasonable for prototype submission,
                                                      approaches match up with international                  unlicensed devices would use a ‘‘detect                and what constitutes an acceptable
                                                      efforts for safety-related DSRC systems?                and avoid’’ approach to avoid, and thus                prototype (e.g., does the device need to
                                                         To fully evaluate the potential effects              protect, co-channel safety-of-life DSRC                be able to communicate with another
                                                      of re-channelization, the Commission                    operations in the upper 30 megahertz of                device, or is it sufficient for the device


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                                                                                Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Proposed Rules                                           36503

                                                      to only demonstrate the sharing                         test plan will be completed before                     As such, it will be impractical to
                                                      technique?). The deadline for                           reaching any conclusions as to how                     examine each and every potential
                                                      submission of prototypes shall be July                  unlicensed devices can safely operate in               interaction involving U–NII
                                                      30, 2016; however, the Office of                        the 5.850–5.925 GHz band. The                          transmissions relative to DSRC receivers
                                                      Engineering and Technology (OET) is                     Commission, however, expects that                      in either an empirical or analytical
                                                      delegated the authority to establish the                testing will be concluded and submitted                effort. Therefore, the approach proposed
                                                      submission requirements and grant                       into the record no later than January 15,              in this test plan represents an attempt to
                                                      waivers or extensions of the submission                 2017. Given the importance of this item,               contain the myriad of variable
                                                      deadline or requirements, as necessary.                 parties should explain in detail why any               conditions within a space bounded
                                                      Given the importance of this item,                      additional time should be allocated.                   between ‘‘best case’’ (no interference)
                                                      parties should explain in detail in any                 Engineers from the FCC will carefully                  and ‘‘worst case’’ (maximum
                                                      waiver or extension request why such                    examine the options and mechanisms                     interference) conditions. Subsequent
                                                      request should be granted. Parties that                 for sharing in the 5.850–5.925 GHz band                analytical efforts can then introduce
                                                      would like to submit devices for testing                and closely scrutinize the myriad                      appropriate scenario-based
                                                      should advise OET as soon as possible                   interference prevention approaches.                    considerations, and examine associated
                                                      and should deliver their device at their                  The following section describes the                  subtleties such as the probability of
                                                      earliest opportunity. To arrange delivery               Phase I technical characterization effort              occurrence and the maximum duration
                                                      of a device, please contact Reza                        for evaluating the potential for                       of potential interference interactions.
                                                      Biazaran at (301) 362–3052 or                           electromagnetic compatibility (EMC)                       In an effort to deal with these
                                                      reza.biazaran@fcc.gov.                                  between U–NII Devices and DSRC                         complexities, the examination of
                                                         The Commission, in coordination                      operations associated with the ITS                     compatibility between proposed U–NII
                                                      with the DoT and NTIA, will test the                    under the proposal to share the 5.850–                 transmitters and DSRC receivers sharing
                                                      prototype equipment as follows:                         5.925 GHz band.                                        the same frequency band will employ a
                                                         Phase I: Testing at the FCC Laboratory                                                                      phased approach, with the various
                                                      in Columbia, Maryland to determine the                  Proposed Phase I Test Plan
                                                                                                                                                                     interested agencies (i.e., FCC, NTIA, and
                                                      prototypes’ technical characteristics and               1.0    Introduction                                    DoT) collaborating in each distinct test
                                                      how they are designed to avoid causing                                                                         phase. Each successive phase of the
                                                                                                              1.1 Objective
                                                      harmful interference to DSRC.                                                                                  study will progressively consider
                                                         Phase II: Basic field tests with a few                  The objective of this test effort is to
                                                                                                                                                                     additional interference interaction
                                                      vehicles at a DoT facility. The Phase II                collect the data necessary to establish
                                                                                                                                                                     variabilities. The first phase of this
                                                      tests will determine whether the                        interference thresholds associated with
                                                                                                                                                                     effort will be performed at the FCC
                                                      techniques to avoid interference that                   key performance parameters that can
                                                                                                                                                                     Laboratory in Columbia, Maryland and
                                                      were evaluated in Phase I’s lab tests are               then be used in subsequent scenario-
                                                                                                                                                                     will involve bench tests in a laboratory
                                                      effective in the field.                                 based analyses to better assess the
                                                                                                                                                                     environment assuming static conditions
                                                         Phase III: Tests in ‘‘real-world’’                   interference potential to DSRC
                                                                                                                                                                     (i.e., vehicle dynamics not considered).
                                                      scenarios, with many vehicles, more test                operations that might be introduced
                                                                                                                                                                     It is envisioned that the Phase II effort
                                                      devices, and at a suitable facility.                    from sharing the frequency band with
                                                         The Commission seeks comment on                                                                             will utilize the Phase I data to support
                                                                                                              unlicensed (U–NII) devices. In addition,
                                                      the proposed Phase I test plan as set                                                                          analytical efforts to assess compatibility
                                                                                                              any interference mitigation capabilities
                                                      forth below. The Phase I test plan                                                                             under scenario-specific conditions and
                                                                                                              provided by the U–NII prototype test
                                                      describes an approach and methodology                                                                          will also include some result
                                                                                                              samples will be evaluated for viability,
                                                      to empirically determine interference                                                                          verification through limited scenario-
                                                                                                              efficiency, and reliability.
                                                      tolerance and thresholds associated                                                                            based field tests. The final phase (Phase
                                                                                                              1.2 Approach                                           III) of the study is envisioned to utilize
                                                      with the DSRC receive components of
                                                      the Vehicle-to-Vehicle (V2V) and                           It is recognized that the EMC concerns              the Phase II results, adjusted
                                                      Vehicle-to-Infrastructure (V2I)                         introduced by the proposal to share the                accordingly based on the verification
                                                      communication links relative to the                     DSRC frequency band with unlicensed                    test observations, to expand the field
                                                      introduction of U–NII emissions into the                operations are complex, primarily due                  testing under ‘‘real world’’ conditions
                                                      5.850–5.925 GHz band, and to evaluate                   to the dynamic variabilities associated                such as those proposed in Section 6.0 of
                                                      the effectiveness and reliability of any                with each system under consideration.                  the DoT Test Plan.
                                                                                                              For example, U–NII applications are                       This test plan primarily describes the
                                                      U–NII device interference mitigation
                                                                                                              predominately utilized to establish local              proposed Phase I effort of this study, to
                                                      capabilities. Since U–NII represents an
                                                                                                              area networks (LANs), typically in                     be performed by FCC engineers at its
                                                      unlicensed application for which any
                                                                                                              support of Wi-Fi access and usage,                     laboratory facility in Columbia, MD,
                                                      interference received from the operation
                                                                                                              although fixed point-to-point                          with the support of DoT engineers.
                                                      of an authorized radio service must be
                                                      accepted, the test plan does not assess                 communication links for supporting                     2.0     Phase I Test Proposals
                                                      the interference potential from DSRC                    Internet backhaul applications are also
                                                                                                              likely. While the access points                        2.1 Potential Interference Mechanisms
                                                      transmissions to projected U–NII
                                                      receivers.                                              associated with LAN applications are                      It is anticipated that the likely
                                                         The data resulting from the                          typically relatively fixed in terms of                 interference mechanisms associated
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      Commission’s tests are intended to                      location, the client devices that                      with sharing the DSRC frequency band
                                                      inform the Phase II and Phase III                       communicate with them can be quite                     are: (1) A potential for degrading the
                                                      analyses in which other relevant factors                mobile. Similarly, the DSRC roadside                   DSRC receiver noise floor, and thus, the
                                                      can be given further consideration, and                 units (RSUs) are typically sited at fixed              link signal-to-noise ratio (SNR) due to
                                                      the analytical results can be validated                 locations along roadways, but the on-                  additive noise-like interference
                                                      through limited field tests.                            board units (OBU’s) that communicate                   introduced by proposed U–NII devices;
                                                         The three phases of the test plan are                with the RSU’s and with other OBU’s                    (2) a potential for corruption of received
                                                      interdependent. The Commission                          are vehicle-mounted and thus can                       data packets due to introduced
                                                      anticipates that all three phases of the                involve high-velocity dynamic mobility.                interference, resulting in an increased


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                                                      36504                     Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Proposed Rules

                                                      packet error rate (PER) and/or reduced                  preclude interference to critical                         As devices are submitted to the FCC
                                                      data throughput; (3) a potential for                    Government Radar operations. DFS                       laboratory as test samples, they will first
                                                      channel access contention, resulting in                 requirements and compliance tests were                 be technically characterized through the
                                                      an increase in the time required for                    developed cooperatively between FCC,                   measurement of standard RF parameters
                                                      DSRC channel access; and (4) a                          NTIA and DoD, and are enforced by the                  such as the occupied bandwidth (OBW),
                                                      potential for receiver saturation or                    FCC.                                                   fundamental power, and unwanted
                                                      overload due to short-range, co-tuned                      Since U–NII device access to the                    emission levels associated with the
                                                      interactions. These represent the                       spectrum is on a non-interference basis                transmitted signals, and the sensitivity
                                                      potential interference mechanisms and                   (NIB), DSRC must be accorded primacy                   and noise floor levels associated with
                                                      associated metrics that will be examined                in any channel access protocol. Such                   the receivers. The measured parameters
                                                      as a part of this proposed Phase I test                 access prioritization will also likely be              will be compared with appropriate
                                                      effort.                                                 required for all of the seven 10–MHz                   specifications (e.g., IEEE 802.11ac, IEEE
                                                                                                              channels that are assigned to DSRC.                    802.11p, ASTM E2213, FCC regulations,
                                                      2.2 Potential Interference Mitigation                   Thus, to ensure DSRC preferential                      and other applicable rules and
                                                      Techniques                                              access, a U–NII device must be capable                 standards).
                                                         Several possible techniques and                      of detecting an access-contending DSRC                    Once the characterization
                                                      strategies have been proposed for                       signal at energy levels that are equal to,             measurements are complete, DSRC links
                                                      mitigating interference interactions                    or below, the DSRC receiver sensitivity                will be established to simulate simple
                                                      between projected U–NII transmitters                    level on each of the seven DSRC                        RSU-to-OBU and OBU-to-OBU two-way
                                                      and DSRC receivers. The IEEE Tiger                      channels.                                              wireless communication. Upon
                                                      Team explored two possible options: (1)                    As a primary element of this Phase I                successful establishment of such
                                                      The use of the existing DSRC channel                    effort, the FCC will perform benchtop                  communication links, and before any
                                                      plan with a clear channel assessment                    measurements of those prototype U–NII                  interference signals are introduced,
                                                      (CCA) capability specified for U–NII                    devices submitted for testing that                     measurements will be performed to
                                                      transmissions in the 10–MHz DSRC                        implement these, or other not yet                      establish base-line values for parameters
                                                      channels, and (2) the adoption of a                     proposed, interference mitigation                      such as SNR (signal-to-noise ratio), PER
                                                      modified DSRC channel plan (i.e., bi-                   capabilities. The actual tests to be                   (packet error rate), network delay and
                                                      furcation of the DSRC frequency band)                   performed will be tailored to the                      the variance in network delay (also
                                                      with a CCA capability specified in 20–                  particular mitigation strategy employed,               known as jitter).
                                                      MHz channels. The NTIA 5 GHz Report                     and will be designed to ensure the                        After the completion of baseline
                                                      proposed more general mitigation                        effectiveness and reliability associated               testing, a single U–NII signal, or
                                                      strategies, such as several possible                    with the detection and recognition of                  simulation thereof (e.g., band-limited
                                                      detection methodologies for use in                      DSRC-occupied channels.                                additive white Gaussian noise (AWGN)),
                                                      implementing a CCA capability (e.g.,                                                                           will be introduced on a co-tuned basis
                                                                                                              2.3 General Test Approach
                                                      energy, matched filter, and signal                                                                             (i.e., with coincident center frequencies)
                                                      detection), and a geo-location/database                   It is not possible to design a detailed              initially at a very low power level. The
                                                      mitigation approach. The NTIA 5 GHz                     comprehensive plan for testing all of the              U–NII power level will then be
                                                      Report also identifies some of the                      components identified for examination                  incremented (1–3 dB steps) while the
                                                      potential inadequacies associated with                  in the Phase I test program until we                   designated performance parameters are
                                                      each of these potential interference                    have access to U–NII devices designed                  monitored and recorded. The results of
                                                      mitigation approaches.                                  for operation in the 5.9 GHz frequency                 this test will provide the data necessary
                                                         The 802.11 standard under which U–                   band and DSRC RSU and OBU                              to determine the DSRC tolerance to U–
                                                      NII operates currently provides for two                 equipment to test against. Therefore,                  NII interference in a ‘‘worst-case’’
                                                      methods of implementing a CCA                           what is proposed below represents a                    interference interaction (i.e., co-tuned
                                                      capability. The first method, known as                  general plan for achieving the identified              operation). It is recognized that U–NII
                                                      Carrier Sensing (CS), involves a                        objectives. This plan will be adapted as               transmitters, particularly those used to
                                                      determination of channel availability                   necessary once more details of the                     provide Wi-Fi services, can utilize
                                                      through the detection (reception) and                   devices to be tested are made available.               variable OBW’s (occupied bandwidths)
                                                      decoding of the preamble of a data                        The first step in the Phase I effort is              and are capable of implementing several
                                                      packet transmitted by the current                       to solicit the devices necessary to                    combinations of data modulation and
                                                      channel occupant. Most 802.11 U–NII                     implement the test plan, as the                        coding rate (Modulation-Coding Scheme
                                                      devices utilize the same basic CS                       Commission does in this document. The                  or MCS) on a variable basis, depending
                                                      technique, known as Carrier Sense                       FCC requests that industry provide                     on the transmission channel conditions.
                                                      Multiple Access with Collision                          prototype U–NII devices projected for                  FCC experience gained from developing
                                                      Avoidance (CSMA/CA). The FCC does                       operation in the 5.9 GHz frequency                     and instituting compliance
                                                      not specify nor regulate CS                             band, to include interference mitigation               measurement of U–NII transmissions
                                                      requirements for U–NII devices. The                     capabilities, for test and evaluation. The             suggest that there are only subtle
                                                      second CCA method specified in the                      FCC, working cooperatively with NTIA                   differences in the relevant signal
                                                      802.11 standard is known as Dynamic                     and DoT, also request that the DSRC                    parameters among these combinations;
                                                      Frequency Selection (DFS) where a U–                    equipment necessary to exercise this                   however, measurements will be
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      NII device must identify an occupied                    test plan be provided. In addition,                    performed using different combinations
                                                      channel through the detection of the                    technical support must be made                         of these variable parameters in an effort
                                                      channel occupants radio-frequency (RF)                  available to assist in configuring the                 to identify a ‘‘worst-case’’ mode and to
                                                      energy levels relative to an established                devices for testing and in accessing the               quantify the differential magnitude of
                                                      threshold value (i.e., Energy Detection                 requisite device control and resulting                 the effect on a DSRC receiver.
                                                      (ED)), without regard to signal structure               data. All of the devices will be required                 The procedure described above will
                                                      specifics. This technique is required for               to have appropriate software controls to               then be repeated with the U–NII
                                                      U–NII devices that share other portions                 perform the tests under a controlled                   transmit signal re-tuned to the center
                                                      of the 5 GHz spectrum in order to                       environment.                                           frequency of each of the two adjacent


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                                                                                Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Proposed Rules                                           36505

                                                      DSRC channels relative to the DSRC-                     with the results of the three-phase test                  Pursuant to sections 1.415 and 1.419
                                                      occupied channel (i.e., upper and lower                 plan described above, will provide                     of the Commission’s rules, 47 CFR
                                                      first adjacent channels). This                          reliable, real-world data on the                       1.415, 1.419, interested parties may file
                                                      measurement will produce data that can                  performance of unlicensed devices                      comments and reply comments on or
                                                      be used to determine the adjacent-                      designed to avoid interfering with DSRC                before the dates indicated on the first
                                                      channel rejection capability of a DSRC                  operations in the 5.850–5.925 GHz                      page of this document. Comments may
                                                      receiver which in turn can be used to                   band.                                                  be filed using the Commission’s
                                                      inform an assessment of EMC assuming                                                                           Electronic Comment Filing System
                                                      adjacent-channel operation. Dependent                   Procedural Matters                                     (ECFS). See Electronic Filing of
                                                      upon the results of this test and time                  Ex Parte Rules                                         Documents in Rulemaking Proceedings,
                                                      constraints, this process may be                                                                               63 FR 24121 (1998).
                                                      repeated with the U–NII device tuned to                    This proceeding has been designated                    Electronic Filers: Comments may be
                                                      DSRC channels further removed (in                       as a ‘‘permit-but-disclose’’ proceeding in             filed electronically using the Internet by
                                                      frequency) from the DSRC-occupied                       accordance with the Commission’s ex                    accessing the ECFS: http://
                                                      channel (i.e., second adjacent channel                  parte rules. Persons making ex parte                   fjallfoss.fcc.gov/ecfs2/.
                                                      interaction).                                           presentations must file a copy of any                     Paper Filers: Parties who choose to
                                                         Once these tests are complete, the                   written presentation or a memorandum                   file by paper must file an original and
                                                      potential effects of network loading                    summarizing any oral presentation                      one copy of each filing. If more than one
                                                      (LAN and DSRC) and interference                         within two business days after the                     docket or rulemaking number appears in
                                                      aggregation will be examined by the                     presentation (unless a different deadline              the caption of this proceeding, filers
                                                      addition of supplementary DSCR links                    applicable to the Sunshine period                      must submit two additional copies for
                                                      and U–NII devices to the test                           applies). Persons making oral ex parte                 each additional docket or rulemaking
                                                      configuration as the availability of                    presentations are reminded that                        number.
                                                      devices permit.                                         memoranda summarizing the                                 Filings can be sent by hand or
                                                         Similar procedures, with                             presentation must (1) list all persons                 messenger delivery, by commercial
                                                      modifications based on the protocols                    attending or otherwise participating in                overnight courier, or by first-class or
                                                      implemented by the prototype U–NII                      the meeting at which the ex parte                      overnight U.S. Postal Service mail. All
                                                      sample devices, will be used to evaluate                presentation was made, and (2)                         filings must be addressed to the
                                                      the effectiveness and reliability of any                summarize all data presented and                       Commission’s Secretary, Office of the
                                                      interference mitigation capabilities (e.g.,             arguments made during the                              Secretary, Federal Communications
                                                      DSRC signal detection methods, Clear                    presentation. If the presentation                      Commission.
                                                      Channel Assessment capability of U–NII                  consisted in whole or in part of the                      All hand-delivered or messenger-
                                                      devices, and other mitigation methods                   presentation of data or arguments                      delivered paper filings for the
                                                      not yet defined).                                       already reflected in the presenter’s                   Commission’s Secretary must be
                                                                                                              written comments, memoranda or other                   delivered to FCC Headquarters at 445
                                                      3.0 Summary
                                                                                                              filings in the proceeding, the presenter               12th St. SW., Room TW–A325,
                                                         The plan presented herein represents                                                                        Washington, DC 20554. The filing hours
                                                                                                              may provide citations to such data or
                                                      a ‘‘high-level’’ approach to the Phase I                                                                       are 8:00 a.m. to 7:00 p.m. All hand
                                                                                                              arguments in his or her prior comments,
                                                      testing intended to acquire the empirical                                                                      deliveries must be held together with
                                                                                                              memoranda, or other filings (specifying
                                                      data necessary to further an examination                                                                       rubber bands or fasteners. Any
                                                                                                              the relevant page and/or paragraph
                                                      of the potential for achieving EMC                                                                             envelopes and boxes must be disposed
                                                                                                              numbers where such data or arguments
                                                      between U–NII devices and DSRC                                                                                 of before entering the building.
                                                                                                              can be found) in lieu of summarizing
                                                      operations under the FCC proposal to                                                                              Commercial overnight mail (other
                                                                                                              them in the memorandum. Documents
                                                      share the 5.9 GHz frequency band. The                                                                          than U.S. Postal Service Express Mail
                                                                                                              shown or given to Commission staff
                                                      proposed test procedures and                                                                                   and Priority Mail) must be sent to 9300
                                                                                                              during ex parte meetings are deemed to
                                                      methodologies will be further refined as                                                                       East Hampton Drive, Capitol Heights,
                                                                                                              be written ex parte presentations and
                                                      more information becomes available                                                                             MD 20743.
                                                                                                              must be filed consistent with rule
                                                      with respect to the U–NII and DSRC                                                                                U.S. Postal Service first-class,
                                                                                                              1.1206(b). In proceedings governed by
                                                      devices anticipated to share this                                                                              Express, and Priority mail must be
                                                                                                              rule 1.49(f) or for which the
                                                      spectrum. The FCC requests relevant                                                                            addressed to 445 12th Street SW.,
                                                                                                              Commission has made available a
                                                      technical input in the form of comments                                                                        Washington DC 20554.
                                                                                                              method of electronic filing, written ex
                                                      from other concerned parties in the                                                                               People with Disabilities: To request
                                                                                                              parte presentations and memoranda
                                                      interest of enhancing and/or improving                                                                         materials in accessible formats for
                                                                                                              summarizing oral ex parte
                                                      this test plan proposal.                                                                                       people with disabilities (braille, large
                                                                                                              presentations, and all attachments
                                                                                                                                                                     print, electronic files, audio format),
                                                      Conclusion                                              thereto, must be filed through the
                                                                                                                                                                     send an email to fcc504@fcc.gov or call
                                                        The FCC, in consultation with the                     electronic comment filing system
                                                                                                                                                                     the Consumer & Governmental Affairs
                                                      DoT and NTIA, will continue to                          available for that proceeding, and must
                                                                                                                                                                     Bureau at 202–418–0530 (voice), 202–
                                                      collaborate, as well as engage with other               be filed in their native format (e.g., .doc,
                                                                                                                                                                     418–0432 (tty).
                                                      stakeholders, and may make                              .xml, .ppt, searchable .pdf). Participants
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      adjustments to the plan as it evolves.                  in this proceeding should familiarize                  Initial Regulatory Flexibility Analysis
                                                      Our goal is to collect the relevant                     themselves with the Commission’s ex                      The NPRM included an Initial
                                                      empirical data for use in analyzing and                 parte rules.                                           Regulatory Flexibility Analysis (IRFA).
                                                      quantifying the interference potential                  Filing Requirements                                    That IRFA invited comment ‘‘on making
                                                      introduced to DSRC receivers from                                                                              available an additional 195 megahertz of
                                                      unlicensed transmitters operating                          Comments are due on or before July                  spectrum in the 5.35–5.47 GHz and
                                                      simultaneously in the 5.850–5.925 GHz                   7, 2016, and reply comments are due on                 5.85–5.925 GHz bands for U–NII use.’’
                                                      band. The Commission anticipates that                   or before July 22, 2016. All filings must              This document seeks further comment
                                                      the tests conducted to date, combined                   refer to ET Docket No. 13–49.                          on some of the proposals initially raised


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                                                      36506                     Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Proposed Rules

                                                      in the NPRM and alternative proposals                   (NDAA) for Fiscal Year (FY) 2007; the                  implementing regulations for the
                                                      submitted into the record of this                       Joint Report and Policy Statement                      application of the R–S Act and the CFP
                                                      proceeding. We request supplemental                     issued pursuant to the NDAA for FY                     statute to contracts awarded for the
                                                      comments on the IRFA in light of the                    2006; and the Committee for Purchase                   operation of military dining facilities,
                                                      details and issues raised in this                       from People Who Are Blind or Severely                  and that the regulations address DoD
                                                      document. These comments must be                        Disabled statute.                                      contracts not covered by section 856 of
                                                      filed in accordance with the same filing                DATES: Comments on the proposed rule                   the NDAA for FY 2007.
                                                      deadlines as comments filed in response                 should be submitted in writing to the                     Pursuant to the Joint Policy
                                                      to this document as set forth on the first              address shown below on or before                       Statement, the R–S Act applies to
                                                      page of this document and have a                        August 8, 2016, to be considered in the                contracts for the operation of a military
                                                      separate and distinct heading                           formation of the final rule.                           dining facility, also known as full food
                                                      designating them as responses to the                    ADDRESSES: Submit comments
                                                                                                                                                                     services, while the CFP statute applies
                                                      IRFA.                                                                                                          to contracts and subcontracts for dining
                                                                                                              identified by DFARS case 2015–D012 by
                                                                                                                                                                     support services (including mess
                                                      Paperwork Reduction Act Analysis                        any of the following methods:
                                                                                                                 Æ Regulations.gov: http://                          attendant services).
                                                        The NPRM included a separate                                                                                    The CFP statute, implemented in FAR
                                                                                                              www.regulations.gov. Submit comments
                                                      request for comment from the general                                                                           subpart 8.7, requires Federal agencies to
                                                                                                              via the Federal eRulemaking portal by
                                                      public and the Office of Management                                                                            acquire from participating nonprofit
                                                                                                              entering ‘‘DFARS Case 2015–D012’’
                                                      and Budget on the information                                                                                  agencies all supplies or services on the
                                                                                                              under the heading ‘‘Enter keyword or
                                                      collection requirements contained                                                                              Procurement List established by the
                                                                                                              ID’’ and selecting ‘‘Search.’’ Select the
                                                      therein, as required by the Paperwork                                                                          CFP. The purpose of the CFP statute is
                                                                                                              link ‘‘Submit a Comment’’ that
                                                      Reduction Act of 1995, Public Law 104–                                                                         to provide employment opportunities
                                                                                                              corresponds with ‘‘DFARS Case 2015–                    for people who are blind or have other
                                                      13, and the Small Business Paperwork                    D012.’’ Follow the instructions provided
                                                      Relief Act of 2002, Public Law 107–198.                                                                        severe disabilities. If a product or
                                                                                                              at the ‘‘Submit a Comment’’ screen.                    service is on the Procurement List, 41
                                                      As noted above, this document seeks                     Please include your name, company
                                                      further comment on some proposals and                                                                          U.S.C. 8504(a)requires the procuring
                                                                                                              name (if any), and ‘‘DFARS Case 2015–                  agency to procure that product or
                                                      alternatives initially raised in the                    D012’’ on your attached document.
                                                      NPRM. We invite supplemental                                                                                   service either from a qualified nonprofit
                                                                                                                 Æ Fax: 571–372–6094.
                                                      comment on these requirements in light                                                                         agency for the blind or a qualified
                                                                                                                 Æ Mail: Defense Acquisition
                                                      of the details and issues raised in this                                                                       nonprofit agency for the severely
                                                                                                              Regulations System, Attn: Ms. Amy
                                                      document.                                                                                                      disabled in accordance with CFP
                                                                                                              Williams, OUSD(AT&L)DPAP/DARS,
                                                                                                                                                                     regulations. However, 41 U.S.C. 8504(b)
                                                      Federal Communications Commission.                      Room 3B941, 3060 Defense Pentagon,
                                                                                                                                                                     provides an exception to section 8504(a)
                                                      Gloria J. Miles,                                        Washington, DC 20301–3060.
                                                                                                                 Comments received generally will be                 for a product that is available from an
                                                      Federal Register Liaison Officer, Office of the                                                                industry established under 18 U.S.C.
                                                      Secretary.                                              posted without change to http://
                                                                                                                                                                     307 (Federal Prison Industries) and shall
                                                      [FR Doc. 2016–13510 Filed 6–6–16; 8:45 am]              www.regulations.gov, including any
                                                                                                                                                                     be procured from that industry pursuant
                                                                                                              personal information provided. To
                                                      BILLING CODE 6712–01–P                                                                                         to 18 U.S.C. 4124.
                                                                                                              confirm receipt of your comment(s),                       Section 107(b) of the R–S Act
                                                                                                              please check www.regulations.gov,                      establishes a priority authorizing blind
                                                                                                              approximately two to three days after                  persons, licensed by a State licensing
                                                      DEPARTMENT OF DEFENSE
                                                                                                              submission to verify posting (except                   agency (SLA) to operate one or more
                                                      Defense Acquisition Regulations                         allow 30 days for posting of comments                  vending facilities, wherever feasible, on
                                                      System                                                  submitted by mail).                                    Federal properties. Section 107d–3(e) of
                                                                                                              FOR FURTHER INFORMATION CONTACT: Ms.                   the R–S Act requires the Secretary of
                                                      48 CFR Parts 202, 205, 212, 237, and                    Amy Williams, telephone 571–372–                       Education (the Secretary) to promulgate
                                                      252                                                     6106.                                                  regulations (see 34 CFR 395.33)
                                                      [Docket DARS–2015–0055]                                 SUPPLEMENTARY INFORMATION:                             establishing a priority for the operation
                                                                                                                                                                     of cafeterias when the Secretary
                                                      RIN 0750–AI78                                           I. Background                                          determines on an individual basis and
                                                                                                                 In order to clarify the application of              after consultation with the head of the
                                                      Defense Federal Acquisition                             the Randolph-Shepard Act (R–S Act) (20                 appropriate installation, that such
                                                      Regulation Supplement: Food Services                    U.S.C. 107, et seq.) and the Committee                 operation can be provided at a
                                                      for Dining Facilities on Military                       for Purchase from People Who Are                       reasonable cost with food of high
                                                      Installations (DFARS Case 2015–D012)                    Blind or Severely Disabled (CFP) statute               quality comparable to that currently
                                                      AGENCY:  Defense Acquisition                            (41 U.S.C. 8501, et seq.) formerly known               provided employees.
                                                      Regulations System, Department of                       as the Javits-Wagner-O’Day (JWOD) Act,                    Pursuant to 34 CFR 395.33(a), the
                                                      Defense.                                                to the operation and management of                     priority is afforded to the SLA when the
                                                      ACTION: Proposed rule.                                  military dining facilities, DoD is                     Secretary determines, in consultation
                                                                                                              proposing to amend the DFARS to                        with the contracting officer, that the
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      SUMMARY:   DoD is proposing to amend                    implement the provisions of the Joint                  operation can be provided at a
                                                      the Defense Federal Acquisition                         Report and Policy Statement (Joint                     reasonable cost, with food of a high
                                                      Regulation Supplement (DFARS) to                        Policy Statement) issued by DoD, the                   quality that is comparable to the food
                                                      provide policy and procedures for                       Department of Education (DoED), and                    currently provided to employees. 34
                                                      soliciting offers, evaluating proposals,                the CFP pursuant to section 848 of the                 CFR 395.33(b) requires Federal
                                                      and awarding contracts for the operation                NDAA for FY 2006.                                      contracting officers to consult with the
                                                      of a military dining facility pursuant to                  The Joint Explanatory Statement to                  Secretary (see 395.33(a)) when the
                                                      the Randolph-Sheppard Act; the                          Accompany the NDAA for FY 2015                         contracting officer has determined that
                                                      National Defense Authorization Act                      requested that DoD prescribe                           an SLA’s response to a solicitation for


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Document Created: 2018-02-08 07:31:33
Document Modified: 2018-02-08 07:31:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments are due on or before July 7, 2016, and reply comments are due on or before July 22, 2016.
ContactHoward Griboff, Office of Engineering and Technology, (202) 418-0657, email: [email protected], or Aole Wilkins, Office of Engineering and Technology, (202) 418-2406, email: [email protected]; TTY (202) 418-2989.
FR Citation81 FR 36501 

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