82_FR_44046 82 FR 43865 - Permitting Radar Services in the 76-81 GHz Band

82 FR 43865 - Permitting Radar Services in the 76-81 GHz Band

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 181 (September 20, 2017)

Page Range43865-43872
FR Document2017-18463

In this document, the Federal Communications Commission (Commission) amends its rules to permit vehicular radars and certain non-vehicular fixed and mobile radars used at airports to operate in the entire 76-81 GHz band on an interference-protected basis. Access to the entire 76-81 GHz band is intended to provide sufficient spectrum bandwidth to enable the deployment of wideband high-precision short- range vehicular radar (SRR) applications, such as blind spot detectors, that can enhance the safety of drivers and other road users, while continuing to allow the deployment of proven long-range vehicular radar (LRR) applications, such as adaptive cruise control. The amended rules also permit the deployment in airport air operations areas of fixed and mobile radars that detect foreign object debris (FOD) on runways, which could harm aircraft on take-off and landing, and aircraft-mounted radars that can help aircraft avoid colliding with equipment, buildings, and other aircraft while moving on airport grounds. In addition, the amended rules allow for the continued shared use of the 76-81 GHz band by other incumbent users, including amateur radio operators and the scientific research community.

Federal Register, Volume 82 Issue 181 (Wednesday, September 20, 2017)
[Federal Register Volume 82, Number 181 (Wednesday, September 20, 2017)]
[Rules and Regulations]
[Pages 43865-43872]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18463]



[[Page 43865]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 15, 90, 95, and 97

[ET Docket No. 15-26; FCC 17-94]


Permitting Radar Services in the 76-81 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Federal Communications Commission 
(Commission) amends its rules to permit vehicular radars and certain 
non-vehicular fixed and mobile radars used at airports to operate in 
the entire 76-81 GHz band on an interference-protected basis. Access to 
the entire 76-81 GHz band is intended to provide sufficient spectrum 
bandwidth to enable the deployment of wideband high-precision short-
range vehicular radar (SRR) applications, such as blind spot detectors, 
that can enhance the safety of drivers and other road users, while 
continuing to allow the deployment of proven long-range vehicular radar 
(LRR) applications, such as adaptive cruise control. The amended rules 
also permit the deployment in airport air operations areas of fixed and 
mobile radars that detect foreign object debris (FOD) on runways, which 
could harm aircraft on take-off and landing, and aircraft-mounted 
radars that can help aircraft avoid colliding with equipment, 
buildings, and other aircraft while moving on airport grounds. In 
addition, the amended rules allow for the continued shared use of the 
76-81 GHz band by other incumbent users, including amateur radio 
operators and the scientific research community.

DATES: Effective date: Effective October 20, 2017, except for Sec.  
15.37(l), which is effective September 20, 2018.
    Applicability date: Section 15.37(o) was applicable beginning July 
13, 2017.

FOR FURTHER INFORMATION CONTACT: Howard Griboff (Legal) at (202) 418-
0657, [email protected], or Patrick Forster (Technical) at (202) 
418-7061, [email protected], Office of Engineering and 
Technology.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, ET Docket No. 15-26, FCC 17-94, adopted July 13, 2017 and 
released July 14, 2017. The full text of this document is available for 
public inspection and copying during normal business hours in the FCC 
Reference Center (Room CY-A257), 445 12th Street SW., Washington, DC 
20554, or by downloading the text from the Commission's Web site at 
http://transition.fcc.gov/Daily_Releases/Daily_Business/2017/db0714/FCC-17-94A1.pdf. Alternative formats are available for people with 
disabilities (Braille, large print, electronic files, audio format) by 
sending an email to [email protected] or calling the Commission's Consumer 
and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-
0432 (TTY).

Synopsis

I. Introduction

    1. On February 3, 2015, the Commission adopted a Notice of Proposed 
Rulemaking (NPRM) in this proceeding. 80 FR 12120, March 6, 2015. In 
the Report and Order, the Commission amended the United States Table of 
Frequency Allocations (U.S. Table) in Sec.  2.106 and several related 
service rules to establish a comprehensive and consistent set of rules 
and policies for radar operations in the 76-81 GHz band. The following 
are the major actions that the Commission took to support the 
deployment in the 76-81 GHz band of advanced vehicular radar 
applications and certain non-vehicular fixed and mobile radar 
applications for use at airports:
     Allocated the 77.5-78 GHz band to the Radiolocation 
Service on a primary basis in the U.S. Table to provide a contiguous 
five gigahertz band at 76-81 GHz for radar operations.
     Allowed vehicular radars and certain non-vehicular fixed 
and mobile radars used at airports to operate in the entire 76-81 GHz 
band.
     Consolidated radar operations in the 76-81 GHz band under 
part 95 of the Commission's rules to be licensed-by-rule and protected 
from interference with the same technical parameters as currently 
specified for 76-77 GHz radars in part 15 of the rules.
     Restricted fixed radar operations to airport air 
operations areas to prevent such radars signals from illuminating 
public roadways and causing harmful interference to vehicular radar 
operations.
     Reduced the maximum equivalent isotropically radiated 
power (EIRP) of amateur and amateur satellite operations in the 76-81 
GHz band to match that of radar operations in the 76-81 GHz band to 
reduce the potential for these amateur operations to cause harmful 
interference to radar operations in the band.

II. Discussion

    2. In the Report and Order, the Commission amended parts 1, 2, 15, 
90, 95, and 97 of its rules to facilitate the deployment in the 76-81 
GHz band of advanced vehicular radar applications and certain fixed and 
mobile radars in airport air operations areas. These actions are 
described in greater detail below.

A. Allocation Changes to the 77.5-78 GHz Band

    3. As proposed in the NPRM, the Commission allocated the 77.5-78 
GHz band to the Radiolocation Service (RLS) on a primary basis in the 
U.S. Table. This action made the entire 76-81 GHz band available for 
licensed radar applications on a primary basis nationwide and brought 
the U.S. Table into agreement with the International Table of Frequency 
Allocations. In response to commenters' concerns about the potential 
for interference from amateur operations to vehicular radar operations 
in the 76-81 GHz band, the Commission changed the Amateur Service and 
Amateur Satellite Service allocations in the 77.5-78 GHz band of the 
U.S. Table from primary to secondary status to match the secondary 
Amateur Service and Amateur Satellite Service allocations in the 
remainder of the 76-81 GHz band. As secondary users in the 76-81 GHz 
band, amateurs will have an obligation to operate in a manner that 
minimizes the potential for harmful interference to licensed radar 
applications that will operate under the primary RLS allocation 
throughout the entire 76-81 GHz band and Radio Astronomy Service (RAS) 
stations in the 76-81 GHz band, and cannot claim protection from 
harmful interference from any primary service. If amateur radio 
operators cause any harmful interference, they will be required to 
provide an immediate remedy, up to and including terminating their 
operations. As an added protection against potential interference from 
amateur operations to vehicular radar operations in the 76-81 GHz band, 
the Commission amended the part 97 Amateur Radio Service rules to 
specify a maximum EIRP of 55 dBm (316 Watts) that Amateur Service and 
Amateur Satellite Service stations in the 76-81 GHz band may transmit, 
the same as the allowable vehicular radar peak EIRP limit.
    4. Although the Commission determined that the addition of the 
primary RLS allocation in the 77.5-78 GHz band did not raise any new 
interference considerations for RAS operations in the 76-81 GHz band, 
because there is no distinction between RAS use of the 77.5-78 GHz band 
and the remainder of the 76-81 GHz band it upgraded the secondary RAS 
allocation

[[Page 43866]]

in the 77.5-78 GHz band to primary status to match the RAS allocations 
in the 76-77.5 GHz/78-81 GHz bands. By making the RLS and RAS co-
primary throughout the 76-81 GHz band, the Commission provided 
regulatory consistency between the two services and eliminated the 
potential problem, in the event of harmful interference to the RAS due 
to vehicular radar operations, of determining protection rights in 
favor of addressing and mitigating the interference concern. However, 
since the Commission determined that addition of the primary RLS 
allocation in the 77.5-78 GHz band did not raise any new interference 
considerations that would justify upgrading the secondary Space 
Research Service (space-to-Earth) (SRS (space-to-Earth)) allocation in 
the 77.5-78 GHz band to primary status, the Commission maintained this 
service's current secondary status, consistent with the SRS (space-to-
Earth) allocations in the remainder of the 76-81 GHz band. Given the 
size and scope of the automotive fleet in the United States as compared 
to the two RAS facilities that operate in the 76-81 GHz band, the 
Commission declined to adopt commenters proposals for an automatic or 
manual on/off switch and coordination zones in the vicinity of RAS 
observatories for vehicular radars that operate in the 76-81 GHz band.

B. Consolidating Vehicular Radar Operations Into the 76-81 GHz Band

    5. As part of the Commission's efforts to consolidate future 
vehicular radar operations into the 76-81 GHz band, the NPRM noted that 
there is little or no use of vehicular radars in the 16.2-17.7 GHz and 
46.7-46.9 GHz bands, and sought comment on modifying the Commission's 
part 15 rules to no longer approve vehicular radar devices for 
operation in these bands. Since no commenters opposed this suggestion, 
the Commission deleted the references to vehicular radar operations in 
the 16.2-17.7 GHz and 46.7-46.9 GHz bands from the Commission's part 15 
rules and ceased accepting applications for equipment certification of 
such devices effective upon the adoption of the Report and Order. It 
prohibited the continued manufacture, importation, marketing, sale, and 
installation for use in the United States of such equipment in the 
16.2-17.7 GHz band under the sole existing equipment authorization, FCC 
ID No. L2C0004TR. However, it grandfathered, for the life of the 
equipment, any vehicular radars that are already installed or in use 
under this authorization, thus allowing such systems to continue 
operating for the life of the vehicle or until the supply of existing 
equipment necessary for maintenance is exhausted.
    6. As proposed in the NPRM, the Commission also phased out 
unlicensed wideband radars authorized under Sec.  15.252 to operate in 
the 23.12-29 GHz and ultra-wideband (UWB) radars authorized under Sec.  
15.515 to operate in the 22-29 GHz band (collectively, ``unlicensed 24 
GHz wideband and UWB vehicular radars''). In response to commenters' 
concerns that ceasing certification of new unlicensed 24 GHz wideband 
and UWB vehicular radars beginning 30 days after publication of the 
final rules in the Federal Register, as proposed in the NPRM, would be 
insufficiently short, the Commission decided it will not certify new 
unlicensed 24 GHz wideband and UWB vehicular radar equipment on or 
after one year from the date of publication of the Report and Order in 
the Federal Register. In response to commenters' suggestions to, at a 
minimum, harmonize the phase-out of unlicensed 24 GHz wideband and UWB 
vehicular radars with the phase-out adopted for 24 GHz vehicular radars 
in the European Union (EU), the Commission decided to allow the 
manufacture, importation, marketing, sale, and installation of, as well 
as Class II permissive changes for, previously certified unlicensed 24 
GHz wideband and UWB vehicular radar devices until January 1, 2022, 
consistent with the EU transition plan for 24 GHz vehicular radars. 
After January 1, 2022, the manufacture, importation, marketing, sale, 
and installation of, and Class II permissive changes for, these devices 
for use in the United States, with one limited exception regarding sale 
and installation for the repair/replacement of defective, damaged, or 
malfunctioning equipment, will not be permitted.
    7. However, as proposed in the NPRM, the Commission decided to 
permit unlicensed 24 GHz wideband and UWB vehicular radars that are 
already installed or in use by January 1, 2022 to continue to operate 
in the vehicle. In that regard, the Commission provided a narrow 
exception to the phase-out requirements to permit, for the life of the 
vehicle, the continued sale and installation of unlicensed 24 GHz 
wideband and UWB radar devices for the exclusive purpose of repairing 
or replacing defective, damaged, or potentially malfunctioning 
equipment installed on or before January 1, 2022. This exception is 
available only when it is not possible to repair or replace the radar 
equipment designed to operate in the 24 GHz band with radar equipment 
designed to operate in the 76-81 GHz band, and is limited to the repair 
and replacement of unlicensed 24 GHz wideband and UWB vehicular radar 
equipment that has been certified for operation in the 24 GHz band. The 
Commission expects manufacturers to draw on existing stock of equipment 
that has been approved before January 1, 2022, but it will address 
requests for additional relief (e.g., manufacture, importation, or 
product redesign) on a case-by-case basis.
    8. The Commission clarified that the proposal with regard to 
phasing out use of the 22-29 GHz band for wideband and UWB vehicular 
radar operations that operate under Sec. Sec.  15.252 and 15.515 of the 
rules was not intended to apply to unlicensed radars that operate at 
24.075-24.175 GHz and 24.0-24.25 GHz under Sec. Sec.  15.245 and 15.249 
of the rules, respectively. These rules, which are not being modified, 
authorize a wide variety of devices that include, but are not limited 
to, vehicular-specific radars. As such, the Commission will continue to 
certify radars that operate under these rules and they can continue to 
be used in vehicular applications.

C. Fixed and Other Mobile Radar Operations in the 76-81 GHz Band

    9. Fixed Radars Operations. The NPRM proposed to adopt rules that 
would permit fixed infrastructure radar applications in all or part of 
the 76-81 GHz band if there was sufficient demand for such uses and 
studies could support sharing between vehicular and non-vehicular radar 
applications in the band. Although several commenters expressed 
interest in deploying fixed radar applications in the 76-81 GHz band at 
any location, there was substantial disagreement as to whether such 
applications could successfully coexist with vehicular radars. Many 
commenters opposed allowing fixed radar operations in the 76-81 GHz 
band, citing potential interference that could compromise the safe 
operation of vehicular radar systems. Although commenters asserted that 
they expected fixed radar manufacturers to design equipment that is 
technically identical to vehicular radars, the Commission stated that 
it could not guarantee that this would happen in practice since it 
neither proposed nor developed a record for the Commission to mandate 
device specifications and guidelines. Therefore, to prevent non-
vehicular fixed radar applications outside of airport locations from 
causing harmful interference to vehicular radars and provide a more 
certain environment for the successful migration of vehicular radars to 
the 76-81 GHz band, the Commission decided to maintain the

[[Page 43867]]

existing prohibition on non-vehicular fixed radar operations outside of 
airport air operations areas.
    10. However, the Commission recognized the possibility that there 
may be situations in which fixed radars might be compatible with 
vehicular radars in the 76-81 GHz band, and did not foreclose 
exploration of such scenarios. The Commission acknowledged that, under 
careful coordination, it might be possible for fixed radars to operate 
in the band at carefully selected locations without causing harmful 
interference to vehicular radars, but noted that there was insufficient 
information in the record to develop the specific criteria for a 
successful coordination process. The Commission stated that it is open 
to the possibility that specific, limited fixed uses of 76-81 GHz 
radars outside of airport locations may be possible so long as it can 
be convinced that such use would not cause harmful interference to 
vehicular radar operations in the band.
    11. Airport Radar Operations. Prior to adoption of the Report and 
Order, unlicensed FOD detection radar operations were operating as 
fixed devices in the 76-77 GHz band under part 15 of the rules, and 
could be authorized as either fixed or mobile devices on a licensed 
basis under the Commission's part 90 rules in the 78-81 GHz band, in 
airport air operations areas only. As proposed in the NPRM and 
supported by the record, the Commission decided to permit fixed and 
mobile FOD detection radar operations throughout the entire 76-81 GHz 
band on airport grounds only, under the same technical requirements as 
those provided for such operations in the 76-77 GHz band in part 15 of 
the Commission's rules. To minimize the potential for harmful 
interference to vehicular radar operations from expanded FOD detection 
radar operations, the Commission maintained the limitation that FOD 
detection radar operations occur only in airport locations that avoid 
illumination of public roadways (i.e., in airport air operations 
areas). This restriction will provide geographic separation between 
airport-based radar operations and vehicular radar operations on public 
roads, avoiding any possibility of harmful interference to vehicular 
radar operations in the 76-81 GHz band. As proposed in the NPRM and 
supported by the record, the Commission grandfathered for the life of 
the equipment, or until the supply of existing equipment necessary for 
maintenance is exhausted, any FOD detection radars that are already 
installed or in use. If entities want to operate existing FOD detection 
radars in the 77-78 GHz band, which has not previously been available 
for FOD detection radar use, such equipment would first have to be 
certified under the Commission's equipment authorization procedures to 
operate in the 77-78 GHz band under the part 95 rules.
    12. The Commission also permitted the use of aircraft-mounted radar 
applications, referred to as ``wingtip radars,'' in the entire 76-81 
GHz band with the same technical rules as FOD detection radars, as long 
as they are used in airport air operations areas while aircraft 
(including helicopters) are on the ground. These radars will be used to 
prevent and mitigate the severity of aircraft wingtip collisions while 
planes move between airport gates and runways. The Commission agreed 
with commenters that aircraft-mounted radar applications can help 
protect aircraft during taxiing and ground maneuvering, improve airport 
operations, and provide significant benefits to the airline industry 
and traveling public, while still protecting vehicular radars from 
harmful interference.
    13. Based on the potential for airborne radar operations to 
interfere with RAS operations, the Commission decided not to permit the 
use of aircraft-mounted radars when the aircraft (or helicopter) is 
airborne. To provide greater assurance that parties will comply with 
the ground-based restriction for aircraft-mounted radars, the 
Commission also decided to require that aircraft-mounted radars include 
an automatic mechanism that discontinues all 76-81 GHz radar functions 
while the aircraft is airborne, which no commenters objected to, and 
one commenter indicated is technically feasible.

D. Radar Operations in the 76-81 GHz Band Under Part 95 of the 
Commission's Rules

    14. As proposed in the NPRM and supported by the majority of 
commenters, the Commission consolidated 76-81 GHz radar operations, 
except for Level Probing Radars (LPRs), under part 95 of the 
Commission's rules to be licensed-by-rule and protected from 
interference. Radar applications operating in the 76-81 GHz range will 
now be governed by Subpart M, The 76-81 GHz Radar Service, in part 95 
of the rules. LPRs, which are authorized by Sec.  15.256 to operate in 
a variety of frequency ranges, including the 75-85 GHz band, and can 
coexist with vehicular radar operations, will remain authorized to 
operate on an unlicensed basis.
    15. A licensed-by-rule approach under part 95 will provide a level 
of interference protection to 76-81 GHz radar operations that the 
Commission's part 15 rules cannot provide since unlicensed users must 
accept interference from licensed and unlicensed users, whereas under 
part 95, primary licensed users are protected from interference from 
secondary and unlicensed users. A licensed-by-rule approach will also 
reduce the application and licensing burdens associated with 
authorizing radar operations under an individual license basis, and 
create time and cost efficiencies for deployment of these important 
services. Given that FOD detection radar operations are restricted to 
airport air operations areas that do not have public vehicle access, 
and considering the narrow beamwidths, highly directional antennas, and 
large signal propagation losses at relatively short distances of radar 
operations in the 76-81 GHz band, the Commission saw no need to require 
licensed FOD detection radars to coordinate with other licensed 
services or exclude FOD detection radars from part 95 regulation.
    16. Technical Rules. As proposed in the NPRM, the Commission 
adopted technical rules for the newly expanded radar band that mirrored 
those currently provided for unlicensed vehicular radars and FOD 
detection radars in the 76-77 GHz band under the part 15 rules. 
Specifically, the Commission adopted the same average (50 dBm) and peak 
(55 dBm) EIRP emissions limits for radar applications in the entire 76-
81 GHz band as is currently specified in the part 15 rules for 
unlicensed vehicular radars in the 76-77 GHz band. The Commission also 
adopted other technical rules for the newly expanded radar band that 
mirrored those currently provided under part 15, including unwanted 
emissions limits, equipment certification, and radiofrequency exposure 
evaluation. Consistent with the NPRM, the new part 95 rules do not 
specify distinct spectrum blocks in the 76-81 GHz band for particular 
radar operations such as LRR and SRR, or FOD detection and aircraft-
mounted radars. Instead, the Commission chose to rely on market forces 
and standardization processes to drive radars use of the band in 
accordance with application needs and the state of the technology, and 
decided that interested parties can determine whether particular 
segments of the 76-81 GHz band should be designated exclusively for LRR 
or SRR applications, or for FOD detection or aircraft-mounted

[[Page 43868]]

radars. Neither LRR applications nor aircraft-mounted radars are 
restricted to operating within a one-gigahertz block of spectrum within 
the 76-81 GHz band, as suggested by some commenters.
    17. Vehicular and FOD detection radars currently certified under 
part 15 to operate in the 76-77 GHz band need not be recertified under 
part 95 to continue to operate in the band. These devices may continue 
their operations, but will now do so on a licensed-by-rule basis and be 
entitled to interference protection from amateur operations in the 76-
81 GHz band. Any changes for such previously certified devices will 
need to comply with the applicable part 95 rules.

III. Procedural Matters

A. Paperwork Reduction Act Analysis

    18. This document does not contain any new or modified information 
collections subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13.

B. Congressional Review Act

    19. The Commission will send a copy of the Report and Order in a 
report to be sent to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

C. Final Regulatory Flexibility Act

    20. The Regulatory Flexibility Act of 1980 (RFA) requires that an 
agency prepare a regulatory flexibility analysis for notice and comment 
rulemakings, unless the agency certifies that ``the rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.'' Accordingly, the Commission has prepared a Final 
Regulatory Flexibility Analysis (FRFA), set forth in Appendix B of the 
Report and Order concerning the possible impact of the rule changes.

IV. Ordering Clauses

    21. Accordingly, it is ordered that pursuant to sections 1, 2, 
4(i), 301, 302(a), and 303(f) of the Communications Act of 1934, 47 
U.S.C. 151, 152, 154(i), 301, 302(a), and 303(f), the Report and Order 
in ET Docket No. 15-26 is hereby adopted.
    22. It is further ordered that parts 1, 2, 15, 90, 95, and 97 of 
the Commission's rules, 47 CFR parts 1, 2, 15, 90, 95, and 97 are 
amended, effective October 20, 2017, except as otherwise specified.

List of Subjects

47 CFR Parts 1 and 2

    Radio, Telecommunications.

47 CFR Parts 15, 90, 95, and 97

    Communications equipment, Radar, Radio.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 1, 2, 15, 90, 95, and 97 
as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 continues to read as follows:

    Authority:  47 U.S.C. 151, 154(i), 154(j), 155, 157, 160, 201, 
225, 227, 303(r), 309, 332, 1403, 1404, 1451, 1452, and 1455.


0
2. Amend Sec.  1.1307 by adding an entry for ``76-81 GHz Radar Service 
(part 95)'' above the entry for ``Amateur Radio Service (part 97)'' in 
Table 1 in paragraph (b)(1) and revising paragraphs (b)(2)(i) and (ii) 
to read as follows:


Sec.  1.1307   Actions that may have a significant environmental 
effect, for which Environmental Assessments (EAs) must be prepared.

* * * * *
    (b) * * *
    (1) * * *

   Table 1--Transmitters, Facilities and Operations Subject to Routine
                        Environmental Evaluation
------------------------------------------------------------------------
     Service (title 47 CFR rule part)          Evaluation required if:
------------------------------------------------------------------------
 
                                * * * * *
76-81 GHz Radar Service (part 95).........  All included.
 
                                * * * * *
------------------------------------------------------------------------

    (2)(i) Mobile and portable transmitting devices that operate in the 
Commercial Mobile Radio Services pursuant to part 20 of this chapter; 
the Cellular Radiotelephone Service pursuant to part 22 of this 
chapter; the Personal Communications Services (PCS) pursuant to part 24 
of this chapter; the Satellite Communications Services pursuant to part 
25 of this chapter; the Miscellaneous Wireless Communications Services 
pursuant to part 27 of this chapter; the Upper Microwave Flexible User 
Service pursuant to part 30 of this chapter; the Maritime Services 
(ship earth stations only) pursuant to part 80 of this chapter; the 
Specialized Mobile Radio Service, the 4.9 GHz Band Service, and the 
3650 MHz Wireless Broadband Service pursuant to part 90 of this 
chapter; the Wireless Medical Telemetry Service (WMTS), the Medical 
Device Radiocommunication Service (MedRadio), and the 76-81 GHz Band 
Radar Service pursuant to part 95 of this chapter; and the Citizens 
Broadband Radio Service pursuant to part 96 of this chapter are subject 
to routine environmental evaluation for RF exposure prior to equipment 
authorization or use, as specified in Sec. Sec.  2.1091 and 2.1093 of 
this chapter.
    (ii) Unlicensed PCS, unlicensed NII, and millimeter-wave devices 
are also subject to routine environmental evaluation for RF exposure 
prior to equipment authorization or use, as specified in Sec. Sec.  
15.255(g), 15.257(g), 15.319(i), and 15.407(f) of this chapter.
* * * * *

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
3. The authority citation for part 2 continues to read as follows:

    Authority:  47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.


0
4. Amend Sec.  2.106, the Table of Frequency Allocations, as follows:
0
a. Revise page 62.

0
b. Under ``International Footnotes,'' add, in numerical order, footnote 
5.559B.
    The revision and addition read as follows:


Sec.  2.106   Table of Frequency Allocations.

* * * * *
BILLING CODE 6712-01-P

[[Page 43869]]

[GRAPHIC] [TIFF OMITTED] TR20SE17.002

BILLING CODE 6712-01-C
* * * * *

[[Page 43870]]

International Footnotes

* * * * *
    5.559B The use of the frequency band 77.5-78 GHz by the 
radiolocation service shall be limited to short-range radar for ground-
based applications, including automotive radars. The technical 
characteristics of these radars are provided in the most recent version 
of Recommendation ITU-R M.2057. The provisions of No. 4.10 do not 
apply. (WRC-15)
* * * * *

0
5. Amend Sec.  2.1091 by revising paragraphs (c)(1) introductory text 
and (c)(2) to read as follows:


Sec.  2.1091   Radiofrequency radiation exposure evaluation: mobile 
devices.

* * * * *
    (c)(1) Mobile devices that operate in the Commercial Mobile Radio 
Services pursuant to part 20 of this chapter; the Cellular 
Radiotelephone Service pursuant to part 22 of this chapter; the 
Personal Communications Services pursuant to part 24 of this chapter; 
the Satellite Communications Services pursuant to part 25 of this 
chapter; the Miscellaneous Wireless Communications Services pursuant to 
part 27 of this chapter; the Upper Microwave Flexible Use Service 
pursuant to part 30 of this chapter; the Maritime Services (ship earth 
station devices only) pursuant to part 80 of this chapter; the 
Specialized Mobile Radio Service, and the 3650 MHz Wireless Broadband 
Service pursuant to part 90 of this chapter; the 76-81 GHz Band Radar 
Service pursuant to part 95 of this chapter; and the Citizens Broadband 
Radio Service pursuant to part 96 of this chapter are subject to 
routine environmental evaluation for RF exposure prior to equipment 
authorization or use if:
* * * * *
    (2) Unlicensed personal communications service devices, unlicensed 
millimeter-wave devices, and unlicensed NII devices authorized under 
Sec. Sec.  15.255(g), 15.257(g), 15.319(i), and 15.407(f) of this 
chapter are also subject to routine environmental evaluation for RF 
exposure prior to equipment authorization or use if their ERP is 3 
watts or more or if they meet the definition of a portable device as 
specified in Sec.  2.1093(b) requiring evaluation under the provisions 
of that section.
* * * * *

0
6. Amend Sec.  2.1093 by revising paragraph (c)(1) to read as follows:


Sec.  2.1093   Radiofrequency radiation exposure evaluation: portable 
devices.

* * * * *
    (c)(1) Portable devices that operate in the Cellular Radiotelephone 
Service pursuant to part 22 of this chapter; the Personal 
Communications Service (PCS) pursuant to part 24 of this chapter; the 
Satellite Communications Services pursuant to part 25 of this chapter; 
the Miscellaneous Wireless Communications Services pursuant to part 27 
of this chapter; the Upper Microwave Flexible Use Service pursuant to 
part 30 of this chapter; the Maritime Services (ship earth station 
devices only) pursuant to part 80 of this chapter; the Specialized 
Mobile Radio Service, the 4.9 GHz Band Service, and the 3650 MHz 
Wireless Broadband Service pursuant to part 90 of this chapter; the 
Wireless Medical Telemetry Service (WMTS), the Medical Device 
Radiocommunication Service (MedRadio), and the 76-81 GHz Band Radar 
Service pursuant to subparts H, I, and M of part 95 of this chapter, 
respectively; unlicensed personal communication service, unlicensed NII 
devices and millimeter-wave devices authorized under Sec. Sec.  
15.255(g), 15.257(g), 15.319(i), and 15.407(f) of this chapter; and the 
Citizens Broadband Radio Service pursuant to part 96 of this chapter 
are subject to routine environmental evaluation for RF exposure prior 
to equipment authorization or use.
* * * * *

PART 15--RADIO FREQUENCY DEVICES

0
7. The authority citation for part 15 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a, and 
549.


0
8. Amend Sec.  15.37 by adding paragraphs (l) through (p) to read as 
follows:


Sec.  15.37   Transition provisions for compliance with the rules.

* * * * *
    (l) The certification of wideband vehicular radars designed to 
operate in the 23.12-29 GHz band under Sec.  15.252 and ultra-wideband 
vehicular radars designed to operate in the 22-29 GHz band under Sec.  
15.515 shall not be permitted on or after September 20, 2018.
    (m) The manufacture, importation, marketing, sale, and installation 
of wideband or ultra-wideband vehicular radars that are designed to 
operate in the 23.12-29 GHz band under Sec.  15.252 and/or in the 22-29 
GHz band under Sec.  15.515 shall not be permitted after January 1, 
2022. Notwithstanding the foregoing, sale and installation of such 
radars is permitted, for the life of the vehicle, when the following 
conditions have been met:
    (1) The sale and installation is for the exclusive purpose of 
repairing or replacing defective, damaged, or potentially 
malfunctioning radars that are designed to operate in the 23.12-29 GHz 
band under Sec.  15.252 and/or in the 22-29 GHz band under Sec.  
15.515;
    (2) The equipment being repaired or replaced has been installed in 
the vehicle on or before January 1, 2022; and
    (3) It is not possible to replace the vehicular radar equipment 
designed to operate in the 23.12-29 GHz and/or 22-29 GHz bands with 
vehicular radar equipment designed to operate in the 76-81 GHz band.
    (n) Wideband or ultra-wideband vehicular radars operating in the 
23.12-29 GHz band under Sec.  15.252 and/or in the 22-29 GHz band under 
Sec.  15.515 that are already installed or in use may continue to 
operate in accordance with their previously obtained certification. 
Class II permissive changes for such equipment shall not be permitted 
after January 1, 2022.
    (o) Applicable July 13, 2017, the certification, manufacture, 
importation, marketing, sale, and installation of field disturbance 
sensors that are designed to operate in the 16.2-17.7 GHz and 46.7-46.9 
GHz bands shall not be permitted. Field disturbance sensors already 
installed or in use in the 16.2-17.7 GHz band may continue to operate 
in accordance with their previously obtained certification. Class II 
permissive changes shall not be permitted for such equipment.
    (p) Effective October 20, 2017, the certification under this part 
of vehicular radars and fixed radar systems used in airport air 
operations areas that are designed to operate in the 76-77 GHz band 
shall not be permitted. Vehicular radars and fixed radar systems used 
in airport air operations areas operating in the 76-77 GHz band that 
are already installed or in use may continue to operate in accordance 
with their previously obtained certification. Any future certification, 
or any change of already issued certification and operations of such 
equipment, shall be under part 95, subpart M, of this chapter.

0
9. Amend Sec.  15.252 by revising the section heading and paragraphs 
(a) introductory text and (a)(1), removing paragraph (b)(1), 
redesignating paragraphs (b)(2) through (6) as paragraphs (b)(1) 
through (5), revising newly redesignated paragraphs (b)(2)

[[Page 43871]]

and (3), and adding paragraph (d) to read as follows:


Sec.  15.252   Operation of wideband vehicular radar systems within the 
band 23.12-29.0 GHz.

    (a) Operation under this section is limited to field disturbance 
sensors that are mounted in terrestrial transportation vehicles. 
Terrestrial use is limited to earth surface-based, non-aviation 
applications.
    (1) The -10 dB bandwidth of the fundamental emissions shall be 
located within the 23.12-29.0 GHz band, exclusive of the 23.6-24.0 GHz 
restricted band, as appropriate, under all conditions of operation 
including the effects from stepped frequency, frequency hopping or 
other modulation techniques that may be employed as well as the 
frequency stability of the transmitter over expected variations in 
temperature and supply voltage.
* * * * *
    (b) * * *
    (2) In addition to the radiated emissions limits specified in the 
table in paragraph (b)(1) of this section, transmitters operating under 
the provisions of this section shall not exceed the following RMS 
average EIRP limits when measured using a resolution bandwidth of no 
less than 1 kHz:

------------------------------------------------------------------------
                    Frequency in MHz                        EIRP in dBm
------------------------------------------------------------------------
1164-1240...............................................           -85.3
1559-1610...............................................           -85.3
------------------------------------------------------------------------

    (3) There is a limit on the peak level of the emissions contained 
within a 50 MHz bandwidth centered on the frequency at which the 
highest radiated emission occurs and this 50 MHz bandwidth must be 
contained within the 24.05-29.0 GHz band. The peak EIRP limit is 20 log 
(RBW/50) dBm where RBW is the resolution bandwidth in MHz employed by 
the measurement instrument. RBW shall not be lower than 1 MHz or 
greater than 50 MHz. Further, RBW shall not be greater than the -10 dB 
bandwidth of the device under test. For transmitters that employ 
frequency hopping, stepped frequency or similar modulation types, 
measurement of the -10 dB minimum bandwidth specified in this paragraph 
shall be made with the frequency hop or step function disabled and with 
the transmitter operating continuously at a fundamental frequency. The 
video bandwidth of the measurement instrument shall not be less than 
RBW. The limit on peak emissions applies to the 50 MHz bandwidth 
centered on the frequency at which the highest level radiated emission 
occurs. If RBW is greater than 3 MHz, the application for certification 
shall contain a detailed description of the test procedure, the 
instrumentation employed in the testing, and the calibration of the 
test setup.
* * * * *
    (d) Wideband vehicular radar systems operating in the 23.12-29.0 
GHz band are subject to the transition provisions of Sec.  15.37(l) 
through (n).


Sec.  15.253   [Removed and Reserved]

0
10. Remove and reserve Sec.  15.253.

0
11. Amend Sec.  15.515 by adding paragraph (h) to read as follows:


Sec.  15.515   Technical requirements for vehicular radar systems.

* * * * *
    (h) UWB vehicular systems operating in the 22-29 GHz band are 
subject to the transition provisions of Sec.  15.37(l) through (n).

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
12. The authority citation for part 90 continues to read as follows:

    Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), and 332(c)(7), and Title VI of the Middle Class Tax 
Relief and Job Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156.


Sec.  90.103   [Amended]

0
13. Amend Sec.  90.103 by removing the entry ``78,000-81,000'' in the 
table in paragraph (b).

PART 95--PERSONAL RADIO SERVICES

0
14. The authority citation for part 95 continues to read as follows:

    Authority: 47 U.S.C. 154, 301, 302(a), 303, and 307(e).


0
15. Revise Sec.  95.347 to read as follows:


Sec.  95.347   Automatic control.

    Operation of Personal Radio Services stations under automatic 
control is prohibited, unless otherwise allowed for a particular 
Personal Radio Service by rules in the subpart governing that specific 
service. See, e.g., Sec. Sec.  95.1747, 95.2347, 95.2547, 95.3347.

0
16. Add subpart M, consisting of Sec. Sec.  95.3301 through 95.3385, to 
read as follows:

Subpart M--The 76-81 GHz Band Radar Service

Administrative Rules

Sec.
95.3301 Scope.
95.3303 Definitions, the 76-81 GHz Band Radar Service.
95.3305 Radar operator eligibility in the 76-81 GHz Band.

Operating Rules

95.3331 Permissible 76-81 GHz Band Radar Service uses.
95.3333 Airborne use of 76-81 GHz Band Radar Service is prohibited.
95.3347 76-81 GHz Band Radar Service automatic control.

Technical Rules

95.3361 Certification.
95.3367 76-81 GHz Band Radar Service radiated power limits.
95.3379 76-81 GHz Band Radar Service unwanted emissions limits.
95.3385 76-81 GHz Band Radar Service RF exposure evaluation.

Subpart M--The 76-81 GHz Band Radar Service

Administrative Rules


Sec.  95.3301  Scope.

    This subpart sets out the regulations that apply to radar systems 
operating in the 76-81 GHz band. This subpart does not apply to Level 
Probing Radars that operate under part 15 of this title.


Sec.  95.3303   Definitions, the 76-81 GHz Band Radar Service.

    (a) Air operations area. See Sec.  87.5 of this chapter.
    (b) Field disturbance sensor. See Sec.  15.5(l) of this chapter.
    (c) Foreign object debris (FOD) detection radar. A radar device 
designed to detect foreign object debris in airport air operations 
areas and to monitor aircraft as well as service vehicles on taxiways, 
and other airport vehicle service areas that have no public vehicle 
access.
    (d) Radar. See Sec.  2.1(c) of this chapter.


Sec.  95.3305   Radar operator eligibility in the 76-81 GHz Band.

    Subject to the requirements of Sec. Sec.  95.305 and 95.307, any 
person is eligible to operate a radar in the 76-81 GHz band without an 
individual license; such operation must comply with all applicable 
rules in this subpart.

Operating Rules


Sec.  95.3331  Permissible 76-81 GHz Band Radar Service uses.

    Radar systems operating in the 76-81 GHz band may operate as 
vehicular radars, or as fixed or mobile radars in airport air 
operations areas, including but not limited to FOD detection radars and 
aircraft-mounted radars for ground use only.

[[Page 43872]]

Sec.  95.3333   Airborne use of 76-81 GHz Band Radar Service is 
prohibited.

    Notwithstanding the provisions of Sec.  95.3331, 76-81 GHz Band 
Radar Service is prohibited aboard aircraft in flight. Aircraft-mounted 
radars shall be equipped with a mechanism that will prevent operations 
once the aircraft becomes airborne.


Sec.  95.3347   76-81 GHz Band Radar Service automatic control.

    Notwithstanding the provisions of Sec.  95.347, 76-81 GHz Band 
Radar Service operations may be conducted under manual or automatic 
control.

Technical Rules


Sec.  95.3361   Certification.

    Radar equipment operating in the 76-81 GHz band shall be 
certificated in accordance with this subpart and subpart J of part 2 of 
this chapter.


Sec.  95.3367   76-81 GHz Band Radar Service radiated power limits.

    The fundamental radiated emission limits within the 76-81 GHz band 
are expressed in terms of Equivalent Isotropically Radiated Power 
(EIRP) and are as follows:
    (a) The maximum power (EIRP) within the 76-81 GHz band shall not 
exceed 50 dBm based on measurements employing a power averaging 
detector with a 1 MHz Resolution Bandwidth (RBW).
    (b) The maximum peak power (EIRP) within the 76-81 GHz band shall 
not exceed 55 dBm based on measurements employing a peak detector with 
a 1 MHz RBW.


Sec.  95.3379   76-81 GHz Band Radar Service unwanted emissions limits.

    (a) The power density of any emissions outside the 76-81 GHz band 
shall consist solely of spurious emissions and shall not exceed the 
following:
    (1) Radiated emissions below 40 GHz shall not exceed the field 
strength as shown in the following emissions table.

------------------------------------------------------------------------
                                          Field strength    Measurement
             Frequency (MHz)               (microvolts/      distance
                                              meter)         (meters)
------------------------------------------------------------------------
0.009-0.490.............................     2400/F(kHz)             300
0.490-1.705.............................    24000/F(kHz)              30
1.705-30.0..............................              30              30
30-88...................................             100               3
88-216..................................             150               3
216-960.................................             200               3
Above 960...............................             500               3
------------------------------------------------------------------------

    (i) In the emissions table in paragraph (a)(1) of this section, the 
tighter limit applies at the band edges.
    (ii) The limits in the table in paragraph (a)(1) of this section 
are based on the frequency of the unwanted emissions and not the 
fundamental frequency. However, the level of any unwanted emissions 
shall not exceed the level of the fundamental frequency.
    (iii) The emissions limits shown in the table in paragraph (a)(1) 
of this section are based on measurements employing a CISPR quasi-peak 
detector except for the frequency bands 9.0-90.0 kHz, 110.0-490.0 kHz, 
and above 1000 MHz. Radiated emissions limits in these three bands are 
based on measurements employing an average detector with a 1 MHz RBW.
    (2) The power density of radiated emissions outside the 76-81 GHz 
band above 40.0 GHz shall not exceed the following, based on 
measurements employing an average detector with a 1 MHz RBW:
    (i) For radiated emissions outside the 76-81 GHz band between 40 
GHz and 200 GHz from field disturbance sensors and radar systems 
operating in the 76-81 GHz band: 600 pW/cm\2\ at a distance of 3 meters 
from the exterior surface of the radiating structure.
    (ii) For radiated emissions above 200 GHz from field disturbance 
sensors and radar systems operating in the 76-81 GHz band: 1000 pW/
cm\2\ at a distance of 3 meters from the exterior surface of the 
radiating structure.
    (3) For field disturbance sensors and radar systems operating in 
the 76-81 GHz band, the spectrum shall be investigated up to 231.0 GHz.
    (b) Fundamental emissions must be contained within the frequency 
bands specified in this section during all conditions of operation. 
Equipment is presumed to operate over the temperature range -20 to +50 
degrees Celsius with an input voltage variation of 85% to 115% of rated 
input voltage, unless justification is presented to demonstrate 
otherwise.


Sec.  95.3385   76-81 GHz Band Radar Service RF exposure evaluation.

    Regardless of the power density levels permitted under this 
subpart, devices operating under the provisions of this subpart are 
subject to the radiofrequency radiation exposure requirements specified 
in Sec. Sec.  1.1307(b), 2.1091, and 2.1093 of this chapter, as 
appropriate. Applications for equipment authorization of devices 
operating under this section must contain a statement confirming 
compliance with these requirements for both fundamental emissions and 
unwanted emissions. Technical information showing the basis for this 
statement must be submitted to the Commission upon request.

PART 97--AMATEUR RADIO SERVICE

0
17. The authority citation for part 97 continues to read as follows:

    Authority: 48 Stat. 1066, 1082, as amended: 47 U.S.C. 154, 303. 
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 
U.S.C. 151-155, 301-609, unless otherwise noted.

0
18. Amend Sec.  97.303 by revising paragraphs (c) and (f) and removing 
and reserving paragraph (s) to read as follows:


Sec.  97.303   Frequency sharing requirements.

* * * * *
    (c) Amateur stations transmitting in the 76-81 GHz segment, the 
136-141 GHz segment, or the 241-248 GHz segment must not cause harmful 
interference to, and must accept interference from, stations authorized 
by the United States Government, the FCC, or other nations in the 
radiolocation service.
* * * * *
    (f) Amateur stations transmitting in the following segments must 
not cause harmful interference to radio astronomy stations: 3.332-3.339 
GHz, 3.3458-3.3525 GHz, 76-81 GHz, 136-141 GHz, 241-248 GHz, 275-323 
GHz, 327-371 GHz, 388-424 GHz, 426-442 GHz, 453-510 GHz, 623-711 GHz, 
795-909 GHz, or 926-945 GHz. In addition, amateur stations transmitting 
in the following segments must not cause harmful interference to 
stations in the Earth exploration-satellite service (passive) or the 
space research service (passive): 275-277 GHz, 294-306 GHz, 316-334 
GHz, 342-349 GHz, 363-365 GHz, 371-389 GHz, 416-434 GHz, 442-444 GHz, 
496-506 GHz, 546-568 GHz, 624-629 GHz, 634-654 GHz, 659-661 GHz, 684-
692 GHz, 730-732 GHz, 851-853 GHz, or 951-956 GHz.
* * * * *
    (s) [Reserved]
* * * * *

0
19. Amend Sec.  97.313 by adding paragraph (m) to read as follows:


Sec.  97.313   Transmitter power standards.

* * * * *
    (m) No station may transmit with a peak equivalent isotropically 
radiated power (EIRP) exceeding 316 W in the 76-81 GHz (4 mm) band.

[FR Doc. 2017-18463 Filed 9-19-17; 8:45 am]
 BILLING CODE 6712-01-P



                                                           Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations                                         43865

                                              FEDERAL COMMUNICATIONS                                  Commission’s Web site at http://                      95, and 97 of its rules to facilitate the
                                              COMMISSION                                              transition.fcc.gov/Daily_Releases/Daily_              deployment in the 76–81 GHz band of
                                                                                                      Business/2017/db0714/FCC-17-                          advanced vehicular radar applications
                                              47 CFR Parts 1, 2, 15, 90, 95, and 97                   94A1.pdf. Alternative formats are                     and certain fixed and mobile radars in
                                              [ET Docket No. 15–26; FCC 17–94]                        available for people with disabilities                airport air operations areas. These
                                                                                                      (Braille, large print, electronic files,              actions are described in greater detail
                                              Permitting Radar Services in the 76–81                  audio format) by sending an email to                  below.
                                              GHz Band                                                fcc504@fcc.gov or calling the
                                                                                                                                                            A. Allocation Changes to the 77.5–78
                                                                                                      Commission’s Consumer and
                                              AGENCY:  Federal Communications                                                                               GHz Band
                                                                                                      Governmental Affairs Bureau at (202)
                                              Commission.                                             418–0530 (voice), (202) 418–0432                         3. As proposed in the NPRM, the
                                              ACTION: Final rule.                                     (TTY).                                                Commission allocated the 77.5–78 GHz
                                                                                                                                                            band to the Radiolocation Service (RLS)
                                              SUMMARY:    In this document, the Federal               Synopsis                                              on a primary basis in the U.S. Table.
                                              Communications Commission                               I. Introduction                                       This action made the entire 76–81 GHz
                                              (Commission) amends its rules to permit                    1. On February 3, 2015, the                        band available for licensed radar
                                              vehicular radars and certain non-                       Commission adopted a Notice of                        applications on a primary basis
                                              vehicular fixed and mobile radars used                  Proposed Rulemaking (NPRM) in this                    nationwide and brought the U.S. Table
                                              at airports to operate in the entire 76–                proceeding. 80 FR 12120, March 6,                     into agreement with the International
                                              81 GHz band on an interference-                         2015. In the Report and Order, the                    Table of Frequency Allocations. In
                                              protected basis. Access to the entire 76–               Commission amended the United States                  response to commenters’ concerns about
                                              81 GHz band is intended to provide                      Table of Frequency Allocations (U.S.                  the potential for interference from
                                              sufficient spectrum bandwidth to enable                 Table) in § 2.106 and several related                 amateur operations to vehicular radar
                                              the deployment of wideband high-                        service rules to establish a                          operations in the 76–81 GHz band, the
                                              precision short-range vehicular radar                   comprehensive and consistent set of                   Commission changed the Amateur
                                              (SRR) applications, such as blind spot                  rules and policies for radar operations               Service and Amateur Satellite Service
                                              detectors, that can enhance the safety of               in the 76–81 GHz band. The following                  allocations in the 77.5–78 GHz band of
                                              drivers and other road users, while                     are the major actions that the                        the U.S. Table from primary to
                                              continuing to allow the deployment of                   Commission took to support the                        secondary status to match the secondary
                                              proven long-range vehicular radar (LRR)                 deployment in the 76–81 GHz band of                   Amateur Service and Amateur Satellite
                                              applications, such as adaptive cruise                   advanced vehicular radar applications                 Service allocations in the remainder of
                                              control. The amended rules also permit                  and certain non-vehicular fixed and                   the 76–81 GHz band. As secondary
                                              the deployment in airport air operations                mobile radar applications for use at                  users in the 76–81 GHz band, amateurs
                                              areas of fixed and mobile radars that                   airports:                                             will have an obligation to operate in a
                                              detect foreign object debris (FOD) on                      • Allocated the 77.5–78 GHz band to                manner that minimizes the potential for
                                              runways, which could harm aircraft on                   the Radiolocation Service on a primary                harmful interference to licensed radar
                                              take-off and landing, and aircraft-                     basis in the U.S. Table to provide a                  applications that will operate under the
                                              mounted radars that can help aircraft                   contiguous five gigahertz band at 76–81               primary RLS allocation throughout the
                                              avoid colliding with equipment,                         GHz for radar operations.                             entire 76–81 GHz band and Radio
                                              buildings, and other aircraft while                        • Allowed vehicular radars and                     Astronomy Service (RAS) stations in the
                                              moving on airport grounds. In addition,                 certain non-vehicular fixed and mobile                76–81 GHz band, and cannot claim
                                              the amended rules allow for the                         radars used at airports to operate in the             protection from harmful interference
                                              continued shared use of the 76–81 GHz                   entire 76–81 GHz band.                                from any primary service. If amateur
                                              band by other incumbent users,                             • Consolidated radar operations in                 radio operators cause any harmful
                                              including amateur radio operators and                   the 76–81 GHz band under part 95 of                   interference, they will be required to
                                              the scientific research community.                      the Commission’s rules to be licensed-                provide an immediate remedy, up to
                                                                                                      by-rule and protected from interference               and including terminating their
                                              DATES: Effective date: Effective October
                                                                                                      with the same technical parameters as                 operations. As an added protection
                                              20, 2017, except for § 15.37(l), which is
                                                                                                      currently specified for 76–77 GHz radars              against potential interference from
                                              effective September 20, 2018.
                                                                                                      in part 15 of the rules.                              amateur operations to vehicular radar
                                                 Applicability date: Section 15.37(o)
                                              was applicable beginning July 13, 2017.                    • Restricted fixed radar operations to             operations in the 76–81 GHz band, the
                                                                                                      airport air operations areas to prevent               Commission amended the part 97
                                              FOR FURTHER INFORMATION CONTACT:                                                                              Amateur Radio Service rules to specify
                                                                                                      such radars signals from illuminating
                                              Howard Griboff (Legal) at (202) 418–                                                                          a maximum EIRP of 55 dBm (316 Watts)
                                                                                                      public roadways and causing harmful
                                              0657, Howard.Griboff@fcc.gov, or                                                                              that Amateur Service and Amateur
                                                                                                      interference to vehicular radar
                                              Patrick Forster (Technical) at (202) 418–                                                                     Satellite Service stations in the 76–81
                                                                                                      operations.
                                              7061, Patrick.Forster@fcc.gov, Office of                   • Reduced the maximum equivalent                   GHz band may transmit, the same as the
                                              Engineering and Technology.                             isotropically radiated power (EIRP) of                allowable vehicular radar peak EIRP
                                              SUPPLEMENTARY INFORMATION: This is a                    amateur and amateur satellite                         limit.
                                              summary of the Commission’s Report                      operations in the 76–81 GHz band to                      4. Although the Commission
                                              and Order, ET Docket No. 15–26, FCC                     match that of radar operations in the                 determined that the addition of the
                                              17–94, adopted July 13, 2017 and                        76–81 GHz band to reduce the potential                primary RLS allocation in the 77.5–78
sradovich on DSKBBY8HB2PROD with RULES




                                              released July 14, 2017. The full text of                for these amateur operations to cause                 GHz band did not raise any new
                                              this document is available for public                   harmful interference to radar operations              interference considerations for RAS
                                              inspection and copying during normal                    in the band.                                          operations in the 76–81 GHz band,
                                              business hours in the FCC Reference                                                                           because there is no distinction between
                                              Center (Room CY–A257), 445 12th                         II. Discussion                                        RAS use of the 77.5–78 GHz band and
                                              Street SW., Washington, DC 20554, or                       2. In the Report and Order, the                    the remainder of the 76–81 GHz band it
                                              by downloading the text from the                        Commission amended parts 1, 2, 15, 90,                upgraded the secondary RAS allocation


                                         VerDate Sep<11>2014   17:10 Sep 19, 2017   Jkt 241001   PO 00000   Frm 00039   Fmt 4700   Sfmt 4700   E:\FR\FM\20SER1.SGM   20SER1


                                              43866        Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations

                                              in the 77.5–78 GHz band to primary                      life of the vehicle or until the supply of            band, and is limited to the repair and
                                              status to match the RAS allocations in                  existing equipment necessary for                      replacement of unlicensed 24 GHz
                                              the 76–77.5 GHz/78–81 GHz bands. By                     maintenance is exhausted.                             wideband and UWB vehicular radar
                                              making the RLS and RAS co-primary                          6. As proposed in the NPRM, the                    equipment that has been certified for
                                              throughout the 76–81 GHz band, the                      Commission also phased out unlicensed                 operation in the 24 GHz band. The
                                              Commission provided regulatory                          wideband radars authorized under                      Commission expects manufacturers to
                                              consistency between the two services                    § 15.252 to operate in the 23.12–29 GHz               draw on existing stock of equipment
                                              and eliminated the potential problem, in                and ultra-wideband (UWB) radars                       that has been approved before January 1,
                                              the event of harmful interference to the                authorized under § 15.515 to operate in               2022, but it will address requests for
                                              RAS due to vehicular radar operations,                  the 22–29 GHz band (collectively,                     additional relief (e.g., manufacture,
                                              of determining protection rights in favor               ‘‘unlicensed 24 GHz wideband and                      importation, or product redesign) on a
                                              of addressing and mitigating the                        UWB vehicular radars’’). In response to               case-by-case basis.
                                              interference concern. However, since                    commenters’ concerns that ceasing                       8. The Commission clarified that the
                                              the Commission determined that                          certification of new unlicensed 24 GHz                proposal with regard to phasing out use
                                              addition of the primary RLS allocation                  wideband and UWB vehicular radars                     of the 22–29 GHz band for wideband
                                              in the 77.5–78 GHz band did not raise                   beginning 30 days after publication of                and UWB vehicular radar operations
                                              any new interference considerations                     the final rules in the Federal Register,              that operate under §§ 15.252 and 15.515
                                              that would justify upgrading the                        as proposed in the NPRM, would be                     of the rules was not intended to apply
                                              secondary Space Research Service                        insufficiently short, the Commission                  to unlicensed radars that operate at
                                              (space-to-Earth) (SRS (space-to-Earth))                 decided it will not certify new                       24.075–24.175 GHz and 24.0–24.25 GHz
                                              allocation in the 77.5–78 GHz band to                   unlicensed 24 GHz wideband and UWB                    under §§ 15.245 and 15.249 of the rules,
                                              primary status, the Commission                          vehicular radar equipment on or after                 respectively. These rules, which are not
                                              maintained this service’s current                       one year from the date of publication of              being modified, authorize a wide variety
                                              secondary status, consistent with the                   the Report and Order in the Federal                   of devices that include, but are not
                                              SRS (space-to-Earth) allocations in the                 Register. In response to commenters’                  limited to, vehicular-specific radars. As
                                              remainder of the 76–81 GHz band.                        suggestions to, at a minimum,                         such, the Commission will continue to
                                              Given the size and scope of the                         harmonize the phase-out of unlicensed                 certify radars that operate under these
                                              automotive fleet in the United States as                24 GHz wideband and UWB vehicular                     rules and they can continue to be used
                                              compared to the two RAS facilities that                 radars with the phase-out adopted for 24              in vehicular applications.
                                              operate in the 76–81 GHz band, the                      GHz vehicular radars in the European
                                                                                                                                                            C. Fixed and Other Mobile Radar
                                              Commission declined to adopt                            Union (EU), the Commission decided to
                                                                                                                                                            Operations in the 76–81 GHz Band
                                              commenters proposals for an automatic                   allow the manufacture, importation,
                                              or manual on/off switch and                             marketing, sale, and installation of, as                 9. Fixed Radars Operations. The
                                              coordination zones in the vicinity of                   well as Class II permissive changes for,              NPRM proposed to adopt rules that
                                              RAS observatories for vehicular radars                  previously certified unlicensed 24 GHz                would permit fixed infrastructure radar
                                              that operate in the 76–81 GHz band.                     wideband and UWB vehicular radar                      applications in all or part of the 76–81
                                                                                                      devices until January 1, 2022, consistent             GHz band if there was sufficient
                                              B. Consolidating Vehicular Radar                        with the EU transition plan for 24 GHz                demand for such uses and studies could
                                              Operations Into the 76–81 GHz Band                      vehicular radars. After January 1, 2022,              support sharing between vehicular and
                                                5. As part of the Commission’s efforts                the manufacture, importation,                         non-vehicular radar applications in the
                                              to consolidate future vehicular radar                   marketing, sale, and installation of, and             band. Although several commenters
                                              operations into the 76–81 GHz band, the                 Class II permissive changes for, these                expressed interest in deploying fixed
                                              NPRM noted that there is little or no use               devices for use in the United States,                 radar applications in the 76–81 GHz
                                              of vehicular radars in the 16.2–17.7 GHz                with one limited exception regarding                  band at any location, there was
                                              and 46.7–46.9 GHz bands, and sought                     sale and installation for the repair/                 substantial disagreement as to whether
                                              comment on modifying the                                replacement of defective, damaged, or                 such applications could successfully
                                              Commission’s part 15 rules to no longer                 malfunctioning equipment, will not be                 coexist with vehicular radars. Many
                                              approve vehicular radar devices for                     permitted.                                            commenters opposed allowing fixed
                                              operation in these bands. Since no                         7. However, as proposed in the                     radar operations in the 76–81 GHz band,
                                              commenters opposed this suggestion,                     NPRM, the Commission decided to                       citing potential interference that could
                                              the Commission deleted the references                   permit unlicensed 24 GHz wideband                     compromise the safe operation of
                                              to vehicular radar operations in the                    and UWB vehicular radars that are                     vehicular radar systems. Although
                                              16.2–17.7 GHz and 46.7–46.9 GHz                         already installed or in use by January 1,             commenters asserted that they expected
                                              bands from the Commission’s part 15                     2022 to continue to operate in the                    fixed radar manufacturers to design
                                              rules and ceased accepting applications                 vehicle. In that regard, the Commission               equipment that is technically identical
                                              for equipment certification of such                     provided a narrow exception to the                    to vehicular radars, the Commission
                                              devices effective upon the adoption of                  phase-out requirements to permit, for                 stated that it could not guarantee that
                                              the Report and Order. It prohibited the                 the life of the vehicle, the continued                this would happen in practice since it
                                              continued manufacture, importation,                     sale and installation of unlicensed 24                neither proposed nor developed a
                                              marketing, sale, and installation for use               GHz wideband and UWB radar devices                    record for the Commission to mandate
                                              in the United States of such equipment                  for the exclusive purpose of repairing or             device specifications and guidelines.
                                              in the 16.2–17.7 GHz band under the                     replacing defective, damaged, or                      Therefore, to prevent non-vehicular
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                                              sole existing equipment authorization,                  potentially malfunctioning equipment                  fixed radar applications outside of
                                              FCC ID No. L2C0004TR. However, it                       installed on or before January 1, 2022.               airport locations from causing harmful
                                              grandfathered, for the life of the                      This exception is available only when it              interference to vehicular radars and
                                              equipment, any vehicular radars that are                is not possible to repair or replace the              provide a more certain environment for
                                              already installed or in use under this                  radar equipment designed to operate in                the successful migration of vehicular
                                              authorization, thus allowing such                       the 24 GHz band with radar equipment                  radars to the 76–81 GHz band, the
                                              systems to continue operating for the                   designed to operate in the 76–81 GHz                  Commission decided to maintain the


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                                                           Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations                                        43867

                                              existing prohibition on non-vehicular                   installed or in use. If entities want to              will remain authorized to operate on an
                                              fixed radar operations outside of airport               operate existing FOD detection radars in              unlicensed basis.
                                              air operations areas.                                   the 77–78 GHz band, which has not                        15. A licensed-by-rule approach
                                                 10. However, the Commission                          previously been available for FOD                     under part 95 will provide a level of
                                              recognized the possibility that there                   detection radar use, such equipment                   interference protection to 76–81 GHz
                                              may be situations in which fixed radars                 would first have to be certified under                radar operations that the Commission’s
                                              might be compatible with vehicular                      the Commission’s equipment                            part 15 rules cannot provide since
                                              radars in the 76–81 GHz band, and did                   authorization procedures to operate in                unlicensed users must accept
                                              not foreclose exploration of such                       the 77–78 GHz band under the part 95                  interference from licensed and
                                              scenarios. The Commission                               rules.                                                unlicensed users, whereas under part
                                              acknowledged that, under careful                           12. The Commission also permitted                  95, primary licensed users are protected
                                              coordination, it might be possible for                  the use of aircraft-mounted radar                     from interference from secondary and
                                              fixed radars to operate in the band at                  applications, referred to as ‘‘wingtip                unlicensed users. A licensed-by-rule
                                              carefully selected locations without                    radars,’’ in the entire 76–81 GHz band                approach will also reduce the
                                              causing harmful interference to                         with the same technical rules as FOD                  application and licensing burdens
                                              vehicular radars, but noted that there                  detection radars, as long as they are                 associated with authorizing radar
                                              was insufficient information in the                     used in airport air operations areas                  operations under an individual license
                                              record to develop the specific criteria                 while aircraft (including helicopters) are            basis, and create time and cost
                                              for a successful coordination process.                  on the ground. These radars will be                   efficiencies for deployment of these
                                              The Commission stated that it is open                   used to prevent and mitigate the                      important services. Given that FOD
                                              to the possibility that specific, limited               severity of aircraft wingtip collisions               detection radar operations are restricted
                                              fixed uses of 76–81 GHz radars outside                  while planes move between airport                     to airport air operations areas that do
                                              of airport locations may be possible so                 gates and runways. The Commission                     not have public vehicle access, and
                                              long as it can be convinced that such                   agreed with commenters that aircraft-                 considering the narrow beamwidths,
                                              use would not cause harmful                             mounted radar applications can help                   highly directional antennas, and large
                                              interference to vehicular radar                         protect aircraft during taxiing and                   signal propagation losses at relatively
                                              operations in the band.                                 ground maneuvering, improve airport                   short distances of radar operations in
                                                 11. Airport Radar Operations. Prior to                                                                     the 76–81 GHz band, the Commission
                                                                                                      operations, and provide significant
                                              adoption of the Report and Order,                                                                             saw no need to require licensed FOD
                                                                                                      benefits to the airline industry and
                                              unlicensed FOD detection radar                                                                                detection radars to coordinate with
                                                                                                      traveling public, while still protecting
                                              operations were operating as fixed                                                                            other licensed services or exclude FOD
                                                                                                      vehicular radars from harmful
                                              devices in the 76–77 GHz band under                                                                           detection radars from part 95 regulation.
                                              part 15 of the rules, and could be                      interference.                                            16. Technical Rules. As proposed in
                                              authorized as either fixed or mobile                       13. Based on the potential for airborne            the NPRM, the Commission adopted
                                              devices on a licensed basis under the                   radar operations to interfere with RAS                technical rules for the newly expanded
                                              Commission’s part 90 rules in the 78–                   operations, the Commission decided not                radar band that mirrored those currently
                                              81 GHz band, in airport air operations                  to permit the use of aircraft-mounted                 provided for unlicensed vehicular
                                              areas only. As proposed in the NPRM                     radars when the aircraft (or helicopter)              radars and FOD detection radars in the
                                              and supported by the record, the                        is airborne. To provide greater assurance             76–77 GHz band under the part 15 rules.
                                              Commission decided to permit fixed                      that parties will comply with the                     Specifically, the Commission adopted
                                              and mobile FOD detection radar                          ground-based restriction for aircraft-                the same average (50 dBm) and peak (55
                                              operations throughout the entire 76–81                  mounted radars, the Commission also                   dBm) EIRP emissions limits for radar
                                              GHz band on airport grounds only,                       decided to require that aircraft-mounted              applications in the entire 76–81 GHz
                                              under the same technical requirements                   radars include an automatic mechanism                 band as is currently specified in the part
                                              as those provided for such operations in                that discontinues all 76–81 GHz radar                 15 rules for unlicensed vehicular radars
                                              the 76–77 GHz band in part 15 of the                    functions while the aircraft is airborne,             in the 76–77 GHz band. The
                                              Commission’s rules. To minimize the                     which no commenters objected to, and                  Commission also adopted other
                                              potential for harmful interference to                   one commenter indicated is technically                technical rules for the newly expanded
                                              vehicular radar operations from                         feasible.                                             radar band that mirrored those currently
                                              expanded FOD detection radar                            D. Radar Operations in the 76–81 GHz                  provided under part 15, including
                                              operations, the Commission maintained                   Band Under Part 95 of the                             unwanted emissions limits, equipment
                                              the limitation that FOD detection radar                 Commission’s Rules                                    certification, and radiofrequency
                                              operations occur only in airport                                                                              exposure evaluation. Consistent with
                                              locations that avoid illumination of                      14. As proposed in the NPRM and                     the NPRM, the new part 95 rules do not
                                              public roadways (i.e., in airport air                   supported by the majority of                          specify distinct spectrum blocks in the
                                              operations areas). This restriction will                commenters, the Commission                            76–81 GHz band for particular radar
                                              provide geographic separation between                   consolidated 76–81 GHz radar                          operations such as LRR and SRR, or
                                              airport-based radar operations and                      operations, except for Level Probing                  FOD detection and aircraft-mounted
                                              vehicular radar operations on public                    Radars (LPRs), under part 95 of the                   radars. Instead, the Commission chose
                                              roads, avoiding any possibility of                      Commission’s rules to be licensed-by-                 to rely on market forces and
                                              harmful interference to vehicular radar                 rule and protected from interference.                 standardization processes to drive
                                              operations in the 76–81 GHz band. As                    Radar applications operating in the 76–               radars use of the band in accordance
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                                              proposed in the NPRM and supported                      81 GHz range will now be governed by                  with application needs and the state of
                                              by the record, the Commission                           Subpart M, The 76–81 GHz Radar                        the technology, and decided that
                                              grandfathered for the life of the                       Service, in part 95 of the rules. LPRs,               interested parties can determine
                                              equipment, or until the supply of                       which are authorized by § 15.256 to                   whether particular segments of the 76–
                                              existing equipment necessary for                        operate in a variety of frequency ranges,             81 GHz band should be designated
                                              maintenance is exhausted, any FOD                       including the 75–85 GHz band, and can                 exclusively for LRR or SRR applications,
                                              detection radars that are already                       coexist with vehicular radar operations,              or for FOD detection or aircraft-mounted


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                                              43868        Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations

                                              radars. Neither LRR applications nor                    15, 90, 95, and 97 are amended,                            20 of this chapter; the Cellular
                                              aircraft-mounted radars are restricted to               effective October 20, 2017, except as                      Radiotelephone Service pursuant to part
                                              operating within a one-gigahertz block                  otherwise specified.                                       22 of this chapter; the Personal
                                              of spectrum within the 76–81 GHz band,                                                                             Communications Services (PCS)
                                                                                                      List of Subjects
                                              as suggested by some commenters.                                                                                   pursuant to part 24 of this chapter; the
                                                17. Vehicular and FOD detection                       47 CFR Parts 1 and 2                                       Satellite Communications Services
                                              radars currently certified under part 15                  Radio, Telecommunications.                               pursuant to part 25 of this chapter; the
                                              to operate in the 76–77 GHz band need                                                                              Miscellaneous Wireless
                                              not be recertified under part 95 to                     47 CFR Parts 15, 90, 95, and 97                            Communications Services pursuant to
                                              continue to operate in the band. These                    Communications equipment, Radar,                         part 27 of this chapter; the Upper
                                              devices may continue their operations,                  Radio.                                                     Microwave Flexible User Service
                                              but will now do so on a licensed-by-rule                                                                           pursuant to part 30 of this chapter; the
                                                                                                      Federal Communications Commission.
                                              basis and be entitled to interference                                                                              Maritime Services (ship earth stations
                                              protection from amateur operations in                   Katura Jackson,
                                                                                                                                                                 only) pursuant to part 80 of this chapter;
                                              the 76–81 GHz band. Any changes for                     Federal Register Liaison Officer, Office of the
                                                                                                      Secretary.
                                                                                                                                                                 the Specialized Mobile Radio Service,
                                              such previously certified devices will                                                                             the 4.9 GHz Band Service, and the 3650
                                              need to comply with the applicable part                 Final Rules                                                MHz Wireless Broadband Service
                                              95 rules.                                                                                                          pursuant to part 90 of this chapter; the
                                                                                                        For the reasons discussed in the
                                              III. Procedural Matters                                 preamble, the Federal Communications                       Wireless Medical Telemetry Service
                                                                                                      Commission amends 47 CFR parts 1, 2,                       (WMTS), the Medical Device
                                              A. Paperwork Reduction Act Analysis                                                                                Radiocommunication Service
                                                                                                      15, 90, 95, and 97 as follows:
                                                18. This document does not contain                                                                               (MedRadio), and the 76–81 GHz Band
                                              any new or modified information                         PART 1—PRACTICE AND                                        Radar Service pursuant to part 95 of this
                                              collections subject to the Paperwork                    PROCEDURE                                                  chapter; and the Citizens Broadband
                                              Reduction Act of 1995 (PRA), Public                                                                                Radio Service pursuant to part 96 of this
                                              Law 104–13.                                             ■ 1. The authority citation for part 1                     chapter are subject to routine
                                                                                                      continues to read as follows:                              environmental evaluation for RF
                                              B. Congressional Review Act
                                                                                                        Authority: 47 U.S.C. 151, 154(i), 154(j),                exposure prior to equipment
                                                19. The Commission will send a copy                   155, 157, 160, 201, 225, 227, 303(r), 309, 332,            authorization or use, as specified in
                                              of the Report and Order in a report to                  1403, 1404, 1451, 1452, and 1455.                          §§ 2.1091 and 2.1093 of this chapter.
                                              be sent to Congress and the Government                  ■ 2. Amend § 1.1307 by adding an entry                       (ii) Unlicensed PCS, unlicensed NII,
                                              Accountability Office pursuant to the                   for ‘‘76–81 GHz Radar Service (part 95)’’                  and millimeter-wave devices are also
                                              Congressional Review Act, see 5 U.S.C.                  above the entry for ‘‘Amateur Radio                        subject to routine environmental
                                              801(a)(1)(A).                                           Service (part 97)’’ in Table 1 in                          evaluation for RF exposure prior to
                                              C. Final Regulatory Flexibility Act                     paragraph (b)(1) and revising paragraphs                   equipment authorization or use, as
                                                                                                      (b)(2)(i) and (ii) to read as follows:                     specified in §§ 15.255(g), 15.257(g),
                                                20. The Regulatory Flexibility Act of
                                                                                                                                                                 15.319(i), and 15.407(f) of this chapter.
                                              1980 (RFA) requires that an agency                      § 1.1307 Actions that may have a
                                              prepare a regulatory flexibility analysis               significant environmental effect, for which                *      *    *     *     *
                                              for notice and comment rulemakings,                     Environmental Assessments (EAs) must be
                                                                                                      prepared.                                                  PART 2—FREQUENCY ALLOCATIONS
                                              unless the agency certifies that ‘‘the rule
                                                                                                      *       *    *           *       *                         AND RADIO TREATY MATTERS;
                                              will not, if promulgated, have a
                                                                                                          (b) * * *                                              GENERAL RULES AND REGULATIONS
                                              significant economic impact on a
                                              substantial number of small entities.’’                     (1) * * *
                                                                                                                                                                 ■   3. The authority citation for part 2
                                              Accordingly, the Commission has
                                              prepared a Final Regulatory Flexibility                     TABLE 1—TRANSMITTERS, FACILITIES continues to read as follows:
                                              Analysis (FRFA), set forth in Appendix                      AND OPERATIONS SUBJECT TO ROU-     Authority: 47 U.S.C. 154, 302a, 303, and
                                              B of the Report and Order concerning                        TINE ENVIRONMENTAL EVALUATION    336, unless otherwise noted.
                                              the possible impact of the rule changes.                                                                           ■ 4. Amend § 2.106, the Table of
                                                                                                      Service (title 47 CFR
                                              IV. Ordering Clauses                                          rule part)                 Evaluation required if:   Frequency Allocations, as follows:
                                                                                                                                                                 ■ a. Revise page 62.
                                                 21. Accordingly, it is ordered that
                                              pursuant to sections 1, 2, 4(i), 301,                                                                              ■ b. Under ‘‘International Footnotes,’’
                                                                                                         *         *               *            *         *
                                              302(a), and 303(f) of the                               76–81 GHz Radar                  All included.             add, in numerical order, footnote
                                              Communications Act of 1934, 47 U.S.C.                     Service (part 95).                                       5.559B.
                                              151, 152, 154(i), 301, 302(a), and 303(f),                                                                           The revision and addition read as
                                              the Report and Order in ET Docket No.                         *           *          *           *          *      follows:
                                              15–26 is hereby adopted.
                                                 22. It is further ordered that parts 1,                (2)(i) Mobile and portable transmitting                  § 2.106     Table of Frequency Allocations.
                                              2, 15, 90, 95, and 97 of the                            devices that operate in the Commercial                     *       *      *    *     *
                                              Commission’s rules, 47 CFR parts 1, 2,                  Mobile Radio Services pursuant to part                     BILLING CODE 6712–01–P
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                      *
                          BILLING CODE 6712–01–C
                      *

                                                   76-77.5                                    76-81                              76-77
                                                   RADIO ASTRONOMY                            RADIO ASTRONOMY                    RADIO ASTRONOMY                   RF Devices (15)




                                                                                                                                                                                                     Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations
                      *



                                                   RADIOLOCATION                              RADIOLOCATION                      RADIOLOCATION                     Personal Radio (95)
17:10 Sep 19, 2017




                                                   Amateur                                    Space research (space-to-Earth}    Amateur                           Amateur Radio (97)
                                                   Amateur-satellite                                                             Space research (space-to-Earth}
                      *




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                                                   <AMDPAR>5.149
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                                                   RADIOLOCATION
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                                                   Amateur-satellite
                                                   Space research (space-to-Earth)
                                                   <AMDPAR>5.149                              <AMDPAR>5.560 US342                   <AMDPAR>5.560 US342
                                                   81-84                                      81-84
                                                   FIXED 5.338A                               FIXED                                                                RF Devices (15)
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                                                   MOBILE                                     MOBILE
                                                   MOBILE-SATELLITE (Earth-to-space)          MOBILE-SATELLITE (Earth-to-space)
                                                   RADIO ASTRONOMY                            RADIO ASTRONOMY
                                                   Space research (space-to-Earth)            Space research (space-to-Earth}
                                                   <AMDPAR>5.149 5.561A                       US161 US342 US389
                                                   84-86                                      84-86
                                                   FIXED 5.338A                               FIXED
                                                   FIXED-SATELLITE (Earth-to-space) 5.561 B   FIXED-SATELLITE (Earth-to-space)
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                                                                                                                                                                                                     43869
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                                              43870        Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations

                                              International Footnotes                                 § 2.1093 Radiofrequency radiation                     January 1, 2022. Notwithstanding the
                                                                                                      exposure evaluation: portable devices.                foregoing, sale and installation of such
                                              *      *     *     *    *
                                                                                                      *     *     *     *    *                              radars is permitted, for the life of the
                                                 5.559B The use of the frequency                        (c)(1) Portable devices that operate in             vehicle, when the following conditions
                                              band 77.5–78 GHz by the radiolocation                   the Cellular Radiotelephone Service                   have been met:
                                              service shall be limited to short-range                 pursuant to part 22 of this chapter; the                (1) The sale and installation is for the
                                              radar for ground-based applications,                    Personal Communications Service (PCS)                 exclusive purpose of repairing or
                                              including automotive radars. The                        pursuant to part 24 of this chapter; the              replacing defective, damaged, or
                                              technical characteristics of these radars               Satellite Communications Services                     potentially malfunctioning radars that
                                              are provided in the most recent version                 pursuant to part 25 of this chapter; the              are designed to operate in the 23.12–29
                                              of Recommendation ITU–R M.2057. The                     Miscellaneous Wireless                                GHz band under § 15.252 and/or in the
                                              provisions of No. 4.10 do not apply.                    Communications Services pursuant to                   22–29 GHz band under § 15.515;
                                              (WRC–15)                                                part 27 of this chapter; the Upper                      (2) The equipment being repaired or
                                              *      *     *     *    *                               Microwave Flexible Use Service                        replaced has been installed in the
                                                                                                      pursuant to part 30 of this chapter; the              vehicle on or before January 1, 2022;
                                              ■ 5. Amend § 2.1091 by revising                                                                               and
                                                                                                      Maritime Services (ship earth station
                                              paragraphs (c)(1) introductory text and                 devices only) pursuant to part 80 of this               (3) It is not possible to replace the
                                              (c)(2) to read as follows:                              chapter; the Specialized Mobile Radio                 vehicular radar equipment designed to
                                                                                                      Service, the 4.9 GHz Band Service, and                operate in the 23.12–29 GHz and/or 22–
                                              § 2.1091 Radiofrequency radiation
                                                                                                      the 3650 MHz Wireless Broadband                       29 GHz bands with vehicular radar
                                              exposure evaluation: mobile devices.
                                                                                                      Service pursuant to part 90 of this                   equipment designed to operate in the
                                              *     *     *     *    *                                                                                      76–81 GHz band.
                                                                                                      chapter; the Wireless Medical Telemetry
                                                (c)(1) Mobile devices that operate in                 Service (WMTS), the Medical Device                      (n) Wideband or ultra-wideband
                                              the Commercial Mobile Radio Services                    Radiocommunication Service                            vehicular radars operating in the 23.12–
                                              pursuant to part 20 of this chapter; the                (MedRadio), and the 76–81 GHz Band                    29 GHz band under § 15.252 and/or in
                                              Cellular Radiotelephone Service                         Radar Service pursuant to subparts H, I,              the 22–29 GHz band under § 15.515 that
                                              pursuant to part 22 of this chapter; the                and M of part 95 of this chapter,                     are already installed or in use may
                                              Personal Communications Services                                                                              continue to operate in accordance with
                                                                                                      respectively; unlicensed personal
                                              pursuant to part 24 of this chapter; the                                                                      their previously obtained certification.
                                                                                                      communication service, unlicensed NII
                                              Satellite Communications Services                                                                             Class II permissive changes for such
                                                                                                      devices and millimeter-wave devices
                                              pursuant to part 25 of this chapter; the                                                                      equipment shall not be permitted after
                                                                                                      authorized under §§ 15.255(g),
                                              Miscellaneous Wireless                                                                                        January 1, 2022.
                                                                                                      15.257(g), 15.319(i), and 15.407(f) of this
                                              Communications Services pursuant to                                                                             (o) Applicable July 13, 2017, the
                                                                                                      chapter; and the Citizens Broadband
                                                                                                                                                            certification, manufacture, importation,
                                              part 27 of this chapter; the Upper                      Radio Service pursuant to part 96 of this
                                                                                                                                                            marketing, sale, and installation of field
                                              Microwave Flexible Use Service                          chapter are subject to routine
                                                                                                                                                            disturbance sensors that are designed to
                                              pursuant to part 30 of this chapter; the                environmental evaluation for RF
                                                                                                                                                            operate in the 16.2–17.7 GHz and 46.7–
                                              Maritime Services (ship earth station                   exposure prior to equipment
                                                                                                                                                            46.9 GHz bands shall not be permitted.
                                              devices only) pursuant to part 80 of this               authorization or use.
                                                                                                                                                            Field disturbance sensors already
                                              chapter; the Specialized Mobile Radio                   *     *     *     *    *                              installed or in use in the 16.2–17.7 GHz
                                              Service, and the 3650 MHz Wireless
                                                                                                                                                            band may continue to operate in
                                              Broadband Service pursuant to part 90                   PART 15—RADIO FREQUENCY
                                                                                                                                                            accordance with their previously
                                              of this chapter; the 76–81 GHz Band                     DEVICES
                                                                                                                                                            obtained certification. Class II
                                              Radar Service pursuant to part 95 of this
                                                                                                      ■ 7. The authority citation for part 15               permissive changes shall not be
                                              chapter; and the Citizens Broadband                                                                           permitted for such equipment.
                                                                                                      continues to read as follows:
                                              Radio Service pursuant to part 96 of this                                                                       (p) Effective October 20, 2017, the
                                              chapter are subject to routine                            Authority: 47 U.S.C. 154, 302a, 303, 304,
                                                                                                      307, 336, 544a, and 549.                              certification under this part of vehicular
                                              environmental evaluation for RF                                                                               radars and fixed radar systems used in
                                              exposure prior to equipment                             ■ 8. Amend § 15.37 by adding
                                                                                                      paragraphs (l) through (p) to read as                 airport air operations areas that are
                                              authorization or use if:                                                                                      designed to operate in the 76–77 GHz
                                                                                                      follows:
                                              *     *     *     *    *                                                                                      band shall not be permitted. Vehicular
                                                (2) Unlicensed personal                               § 15.37 Transition provisions for                     radars and fixed radar systems used in
                                              communications service devices,                         compliance with the rules.                            airport air operations areas operating in
                                              unlicensed millimeter-wave devices,                     *     *     *     *     *                             the 76–77 GHz band that are already
                                              and unlicensed NII devices authorized                     (l) The certification of wideband                   installed or in use may continue to
                                              under §§ 15.255(g), 15.257(g), 15.319(i),               vehicular radars designed to operate in               operate in accordance with their
                                              and 15.407(f) of this chapter are also                  the 23.12–29 GHz band under § 15.252                  previously obtained certification. Any
                                              subject to routine environmental                        and ultra-wideband vehicular radars                   future certification, or any change of
                                              evaluation for RF exposure prior to                     designed to operate in the 22–29 GHz                  already issued certification and
                                              equipment authorization or use if their                 band under § 15.515 shall not be                      operations of such equipment, shall be
                                              ERP is 3 watts or more or if they meet                  permitted on or after September 20,                   under part 95, subpart M, of this
                                              the definition of a portable device as                  2018.                                                 chapter.
sradovich on DSKBBY8HB2PROD with RULES




                                              specified in § 2.1093(b) requiring                        (m) The manufacture, importation,                   ■ 9. Amend § 15.252 by revising the
                                              evaluation under the provisions of that                 marketing, sale, and installation of                  section heading and paragraphs (a)
                                              section.                                                wideband or ultra-wideband vehicular                  introductory text and (a)(1), removing
                                                                                                      radars that are designed to operate in                paragraph (b)(1), redesignating
                                              *     *     *     *    *                                the 23.12–29 GHz band under § 15.252                  paragraphs (b)(2) through (6) as
                                              ■ 6. Amend § 2.1093 by revising                         and/or in the 22–29 GHz band under                    paragraphs (b)(1) through (5), revising
                                              paragraph (c)(1) to read as follows:                    § 15.515 shall not be permitted after                 newly redesignated paragraphs (b)(2)


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                                                             Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations                                           43871

                                              and (3), and adding paragraph (d) to                       radiated emission occurs. If RBW is                   95.3303 Definitions, the 76–81 GHz Band
                                              read as follows:                                           greater than 3 MHz, the application for                   Radar Service.
                                                                                                         certification shall contain a detailed                95.3305 Radar operator eligibility in the 76–
                                              § 15.252 Operation of wideband vehicular                   description of the test procedure, the                    81 GHz Band.
                                              radar systems within the band 23.12–29.0
                                              GHz.
                                                                                                         instrumentation employed in the                       Operating Rules
                                                                                                         testing, and the calibration of the test              95.3331 Permissible 76–81 GHz Band Radar
                                                 (a) Operation under this section is                     setup.
                                              limited to field disturbance sensors that                                                                            Service uses.
                                              are mounted in terrestrial transportation                  *     *     *     *     *                             95.3333 Airborne use of 76–81 GHz Band
                                                                                                           (d) Wideband vehicular radar systems                    Radar Service is prohibited.
                                              vehicles. Terrestrial use is limited to                                                                          95.3347 76–81 GHz Band Radar Service
                                              earth surface-based, non-aviation                          operating in the 23.12–29.0 GHz band
                                                                                                         are subject to the transition provisions                  automatic control.
                                              applications.
                                                 (1) The ¥10 dB bandwidth of the                         of § 15.37(l) through (n).                            Technical Rules
                                              fundamental emissions shall be located                     § 15.253    [Removed and Reserved]                    95.3361 Certification.
                                              within the 23.12–29.0 GHz band,                                                                                  95.3367 76–81 GHz Band Radar Service
                                                                                                         ■ 10. Remove and reserve § 15.253.                        radiated power limits.
                                              exclusive of the 23.6–24.0 GHz
                                                                                                         ■ 11. Amend § 15.515 by adding                        95.3379 76–81 GHz Band Radar Service
                                              restricted band, as appropriate, under
                                                                                                         paragraph (h) to read as follows:                         unwanted emissions limits.
                                              all conditions of operation including the
                                              effects from stepped frequency,                                                                                  95.3385 76–81 GHz Band Radar Service RF
                                                                                                         § 15.515 Technical requirements for                       exposure evaluation.
                                              frequency hopping or other modulation                      vehicular radar systems.
                                              techniques that may be employed as                         *      *    *    *     *                              Subpart M—The 76–81 GHz Band
                                              well as the frequency stability of the                        (h) UWB vehicular systems operating                Radar Service
                                              transmitter over expected variations in                    in the 22–29 GHz band are subject to the
                                              temperature and supply voltage.                            transition provisions of § 15.37(l)                   Administrative Rules
                                              *      *    *     *     *                                  through (n).                                          § 95.3301   Scope.
                                                 (b) * * *
                                                 (2) In addition to the radiated                         PART 90—PRIVATE LAND MOBILE                             This subpart sets out the regulations
                                              emissions limits specified in the table in                 RADIO SERVICES                                        that apply to radar systems operating in
                                              paragraph (b)(1) of this section,                                                                                the 76–81 GHz band. This subpart does
                                                                                                         ■ 12. The authority citation for part 90              not apply to Level Probing Radars that
                                              transmitters operating under the
                                                                                                         continues to read as follows:                         operate under part 15 of this title.
                                              provisions of this section shall not
                                              exceed the following RMS average EIRP                        Authority: Sections 4(i), 11, 303(g), 303(r),
                                                                                                         and 332(c)(7) of the Communications Act of            § 95.3303 Definitions, the 76–81 GHz Band
                                              limits when measured using a
                                                                                                         1934, as amended, 47 U.S.C. 154(i), 161,              Radar Service.
                                              resolution bandwidth of no less than 1
                                                                                                         303(g), 303(r), and 332(c)(7), and Title VI of
                                              kHz:                                                       the Middle Class Tax Relief and Job Creation
                                                                                                                                                                 (a) Air operations area. See § 87.5 of
                                                                                                         Act of 2012, Pub. L. 112–96, 126 Stat. 156.           this chapter.
                                                     Frequency in MHz                  EIRP in dBm
                                                                                                                                                                 (b) Field disturbance sensor. See
                                                                                                         § 90.103    [Amended]                                 § 15.5(l) of this chapter.
                                              1164–1240 ............................          ¥85.3
                                                                                              ¥85.3
                                                                                                         ■ 13. Amend § 90.103 by removing the
                                              1559–1610 ............................                                                                             (c) Foreign object debris (FOD)
                                                                                                         entry ‘‘78,000–81,000’’ in the table in
                                                                                                                                                               detection radar. A radar device
                                                 (3) There is a limit on the peak level                  paragraph (b).
                                                                                                                                                               designed to detect foreign object debris
                                              of the emissions contained within a 50                                                                           in airport air operations areas and to
                                                                                                         PART 95—PERSONAL RADIO
                                              MHz bandwidth centered on the                                                                                    monitor aircraft as well as service
                                                                                                         SERVICES
                                              frequency at which the highest radiated                                                                          vehicles on taxiways, and other airport
                                              emission occurs and this 50 MHz                            ■ 14. The authority citation for part 95              vehicle service areas that have no public
                                              bandwidth must be contained within                         continues to read as follows:                         vehicle access.
                                              the 24.05–29.0 GHz band. The peak                            Authority: 47 U.S.C. 154, 301, 302(a), 303,           (d) Radar. See § 2.1(c) of this chapter.
                                              EIRP limit is 20 log (RBW/50) dBm                          and 307(e).
                                              where RBW is the resolution bandwidth                                                                            § 95.3305 Radar operator eligibility in the
                                                                                                         ■   15. Revise § 95.347 to read as follows:
                                              in MHz employed by the measurement                                                                               76–81 GHz Band.
                                              instrument. RBW shall not be lower                         § 95.347    Automatic control.                           Subject to the requirements of
                                              than 1 MHz or greater than 50 MHz.                           Operation of Personal Radio Services                §§ 95.305 and 95.307, any person is
                                              Further, RBW shall not be greater than                     stations under automatic control is                   eligible to operate a radar in the 76–81
                                              the ¥10 dB bandwidth of the device                         prohibited, unless otherwise allowed for              GHz band without an individual
                                              under test. For transmitters that employ                   a particular Personal Radio Service by                license; such operation must comply
                                              frequency hopping, stepped frequency                       rules in the subpart governing that                   with all applicable rules in this subpart.
                                              or similar modulation types,                               specific service. See, e.g., §§ 95.1747,
                                              measurement of the ¥10 dB minimum                          95.2347, 95.2547, 95.3347.                            Operating Rules
                                              bandwidth specified in this paragraph                      ■ 16. Add subpart M, consisting of
                                              shall be made with the frequency hop or                                                                          § 95.3331 Permissible 76–81 GHz Band
                                                                                                         §§ 95.3301 through 95.3385, to read as                Radar Service uses.
                                              step function disabled and with the                        follows:
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                                              transmitter operating continuously at a                                                                            Radar systems operating in the 76–81
                                              fundamental frequency. The video                           Subpart M—The 76–81 GHz Band                          GHz band may operate as vehicular
                                              bandwidth of the measurement                               Radar Service                                         radars, or as fixed or mobile radars in
                                              instrument shall not be less than RBW.                                                                           airport air operations areas, including
                                              The limit on peak emissions applies to                     Administrative Rules                                  but not limited to FOD detection radars
                                              the 50 MHz bandwidth centered on the                       Sec.                                                  and aircraft-mounted radars for ground
                                              frequency at which the highest level                       95.3301    Scope.                                     use only.


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                                              43872        Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations

                                              § 95.3333 Airborne use of 76–81 GHz Band                   (ii) The limits in the table in                    submitted to the Commission upon
                                              Radar Service is prohibited.                            paragraph (a)(1) of this section are based            request.
                                                 Notwithstanding the provisions of                    on the frequency of the unwanted
                                              § 95.3331, 76–81 GHz Band Radar                         emissions and not the fundamental                     PART 97—AMATEUR RADIO SERVICE
                                              Service is prohibited aboard aircraft in                frequency. However, the level of any
                                              flight. Aircraft-mounted radars shall be                unwanted emissions shall not exceed                   ■ 17. The authority citation for part 97
                                              equipped with a mechanism that will                     the level of the fundamental frequency.               continues to read as follows:
                                              prevent operations once the aircraft                       (iii) The emissions limits shown in                  Authority: 48 Stat. 1066, 1082, as
                                              becomes airborne.                                       the table in paragraph (a)(1) of this                 amended: 47 U.S.C. 154, 303. Interpret or
                                                                                                      section are based on measurements                     apply 48 Stat. 1064–1068, 1081–1105, as
                                              § 95.3347 76–81 GHz Band Radar Service
                                              automatic control.                                      employing a CISPR quasi-peak detector                 amended; 47 U.S.C. 151–155, 301–609,
                                                                                                      except for the frequency bands 9.0–90.0               unless otherwise noted.
                                                Notwithstanding the provisions of
                                                                                                      kHz, 110.0–490.0 kHz, and above 1000                    18. Amend § 97.303 by revising
                                              § 95.347, 76–81 GHz Band Radar Service                                                                        ■
                                                                                                      MHz. Radiated emissions limits in these               paragraphs (c) and (f) and removing and
                                              operations may be conducted under
                                                                                                      three bands are based on measurements
                                              manual or automatic control.                                                                                  reserving paragraph (s) to read as
                                                                                                      employing an average detector with a 1
                                                                                                                                                            follows:
                                              Technical Rules                                         MHz RBW.
                                                                                                         (2) The power density of radiated                  § 97.303   Frequency sharing requirements.
                                              § 95.3361    Certification.
                                                                                                      emissions outside the 76–81 GHz band                  *     *     *     *    *
                                                Radar equipment operating in the 76–                  above 40.0 GHz shall not exceed the
                                              81 GHz band shall be certificated in                    following, based on measurements                        (c) Amateur stations transmitting in
                                              accordance with this subpart and                        employing an average detector with a 1                the 76–81 GHz segment, the 136–141
                                              subpart J of part 2 of this chapter.                    MHz RBW:                                              GHz segment, or the 241–248 GHz
                                              § 95.3367 76–81 GHz Band Radar Service                     (i) For radiated emissions outside the             segment must not cause harmful
                                              radiated power limits.                                  76–81 GHz band between 40 GHz and                     interference to, and must accept
                                                The fundamental radiated emission                     200 GHz from field disturbance sensors                interference from, stations authorized by
                                              limits within the 76–81 GHz band are                    and radar systems operating in the 76–                the United States Government, the FCC,
                                              expressed in terms of Equivalent                        81 GHz band: 600 pW/cm2 at a distance                 or other nations in the radiolocation
                                              Isotropically Radiated Power (EIRP) and                 of 3 meters from the exterior surface of              service.
                                              are as follows:                                         the radiating structure.                              *     *     *     *    *
                                                (a) The maximum power (EIRP)                             (ii) For radiated emissions above 200                (f) Amateur stations transmitting in
                                              within the 76–81 GHz band shall not                     GHz from field disturbance sensors and                the following segments must not cause
                                              exceed 50 dBm based on measurements                     radar systems operating in the 76–81
                                                                                                                                                            harmful interference to radio astronomy
                                              employing a power averaging detector                    GHz band: 1000 pW/cm2 at a distance
                                                                                                                                                            stations: 3.332–3.339 GHz, 3.3458–
                                              with a 1 MHz Resolution Bandwidth                       of 3 meters from the exterior surface of
                                                                                                                                                            3.3525 GHz, 76–81 GHz, 136–141 GHz,
                                              (RBW).                                                  the radiating structure.
                                                (b) The maximum peak power (EIRP)                                                                           241–248 GHz, 275–323 GHz, 327–371
                                                                                                         (3) For field disturbance sensors and
                                              within the 76–81 GHz band shall not                                                                           GHz, 388–424 GHz, 426–442 GHz, 453–
                                                                                                      radar systems operating in the 76–81
                                              exceed 55 dBm based on measurements                                                                           510 GHz, 623–711 GHz, 795–909 GHz,
                                                                                                      GHz band, the spectrum shall be
                                              employing a peak detector with a 1 MHz                  investigated up to 231.0 GHz.                         or 926–945 GHz. In addition, amateur
                                              RBW.                                                                                                          stations transmitting in the following
                                                                                                         (b) Fundamental emissions must be
                                                                                                      contained within the frequency bands                  segments must not cause harmful
                                              § 95.3379 76–81 GHz Band Radar Service                                                                        interference to stations in the Earth
                                              unwanted emissions limits.                              specified in this section during all
                                                                                                      conditions of operation. Equipment is                 exploration-satellite service (passive) or
                                                (a) The power density of any                                                                                the space research service (passive):
                                                                                                      presumed to operate over the
                                              emissions outside the 76–81 GHz band                                                                          275–277 GHz, 294–306 GHz, 316–334
                                                                                                      temperature range ¥20 to +50 degrees
                                              shall consist solely of spurious                                                                              GHz, 342–349 GHz, 363–365 GHz, 371–
                                                                                                      Celsius with an input voltage variation
                                              emissions and shall not exceed the                                                                            389 GHz, 416–434 GHz, 442–444 GHz,
                                                                                                      of 85% to 115% of rated input voltage,
                                              following:                                                                                                    496–506 GHz, 546–568 GHz, 624–629
                                                (1) Radiated emissions below 40 GHz                   unless justification is presented to
                                                                                                      demonstrate otherwise.                                GHz, 634–654 GHz, 659–661 GHz, 684–
                                              shall not exceed the field strength as                                                                        692 GHz, 730–732 GHz, 851–853 GHz,
                                              shown in the following emissions table.                 § 95.3385 76–81 GHz Band Radar Service                or 951–956 GHz.
                                                                                                      RF exposure evaluation.
                                                               Field strength       Measurement                                                             *     *     *     *    *
                                               Frequency        (microvolts/          distanceRegardless of the power density levels
                                                 (MHz)                                      permitted under this subpart, devices                             (s) [Reserved]
                                                                   meter)             (meters)
                                                                                            operating under the provisions of this                          *     *     *     *    *
                                              0.009–                                        subpart are subject to the                                      ■ 19. Amend § 97.313 by adding
                                                0.490 .....    2400/F(kHz)              300 radiofrequency radiation exposure
                                              0.490–                                                                                                        paragraph (m) to read as follows:
                                                                                            requirements specified in §§ 1.1307(b),
                                                1.705 .....   24000/F(kHz)               30
                                                                                            2.1091, and 2.1093 of this chapter, as                          § 97.313   Transmitter power standards.
                                              1.705–30.0                30               30
                                              30–88 ........           100                3 appropriate. Applications for equipment                         *    *     *    *     *
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                                              88–216 ......            150                3 authorization of devices operating under                          (m) No station may transmit with a
                                              216–960 ....             200                3 this section must contain a statement
                                                                                                                                                            peak equivalent isotropically radiated
                                              Above 960                500                3 confirming compliance with these
                                                                                            requirements for both fundamental                               power (EIRP) exceeding 316 W in the
                                                 (i) In the emissions table in paragraph emissions and unwanted emissions.                                  76–81 GHz (4 mm) band.
                                              (a)(1) of this section, the tighter limit     Technical information showing the                               [FR Doc. 2017–18463 Filed 9–19–17; 8:45 am]
                                              applies at the band edges.                    basis for this statement must be                                BILLING CODE 6712–01–P




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Document Created: 2018-10-24 14:22:49
Document Modified: 2018-10-24 14:22:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective date: Effective October 20, 2017, except for Sec. 15.37(l), which is effective September 20, 2018.
ContactHoward Griboff (Legal) at (202) 418- 0657, [email protected], or Patrick Forster (Technical) at (202) 418-7061, [email protected], Office of Engineering and Technology.
FR Citation82 FR 43865 
CFR Citation47 CFR 15
47 CFR 1
47 CFR 2
47 CFR 90
47 CFR 95
47 CFR 97
CFR AssociatedRadio; Telecommunications; Communications Equipment and Radar

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