83_FR_13951 83 FR 13888 - Spectrum Horizons

83 FR 13888 - Spectrum Horizons

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 63 (April 2, 2018)

Page Range13888-13903
FR Document2018-06179

In this document, the Federal Communications Commission (Commission) seeks comment on proposed rules to permit licensed fixed point-to-point operations in a total of 102.2 gigahertz of spectrum; on making 15.2 gigahertz of spectrum available for unlicensed use; and on creating a new category of experimental licenses to increase opportunities for entities to develop new services and technologies from 95 GHz to 3 THz with no limits on geography or technology. The Commission also granted, in part, two petitions for rulemaking and denied two requests for waiver.

Federal Register, Volume 83 Issue 63 (Monday, April 2, 2018)
[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)]
[Proposed Rules]
[Pages 13888-13903]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06179]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 5, 15, and 101

[GN Docket No. 18-21, RM-11795; FCC 18-17]


Spectrum Horizons

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) seeks comment on proposed rules to permit licensed fixed 
point-to-point operations in a total of 102.2 gigahertz of spectrum; on 
making 15.2 gigahertz of spectrum available for unlicensed use; and on 
creating a new category of experimental licenses to increase 
opportunities for entities to develop new services and technologies 
from 95 GHz to 3 THz with no limits on geography or technology. The 
Commission also granted, in part, two petitions for rulemaking and 
denied two requests for waiver.

DATES: Comments are due May 2, 2018. Reply comments are due May 17, 
2018.

FOR FURTHER INFORMATION CONTACT: Michael Ha, Office of Engineering and 
Technology, 202-418-2099, [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking, ET Docket No. 18-21, RM-11795, FCC 18-17, 
adopted February 22, 2018, and released February 28, 2018. The full 
text of this document is available for inspection and copying during 
normal business hours in the FCC Reference Center (Room CY-A257), 445 
12th Street SW, Washington, DC 20554. The full text may also be 
downloaded at: https://transition.fcc.gov/Daily_Releases/Daily_Business/2018/db0228/FCC-18-17A1.pdf. People with Disabilities: 
To request materials in accessible formats for people with disabilities 
(braille, large print, electronic files, audio format), send an email 
to [email protected] or call the Consumer & Governmental Affairs Bureau at 
202-418-0530 (voice), 202-418-0432 (tty).

[[Page 13889]]

Synopsis

    1. Background. The Commission focuses the Notice on providing 
licensed and unlicensed spectrum use opportunities in the 95 GHz to 275 
GHz range, with additional provisions for experimental licensing up to 
3000 GHz in a manner that would not foreclose future federal and non-
federal access to opportunities and technologies. The frequencies in 
the 95 GHz to 275 GHz range are allocated for federal government and 
non-federal government use across multiple services on a co-primary 
basis, while the frequencies above 275 GHz are not allocated. Because 
the Commission presently has no licensed service rules in these bands, 
and these bands are currently ``restricted'' under the part 15 rules 
for unlicensed devices, there is limited Commission-authorized use 
above 95 GHz, other than for experimental and amateur radio operations. 
In developing our proposals, the Commission therefore draws from many 
inputs, including the present use of the band, our prior inquiries 
seeking information on potential use of this spectrum (including 
adjacent and nearby frequencies that can serve as useful comparisons), 
recent technical and international developments, our analysis of the 
engineering issues and propagation characteristics associated with the 
use of these frequencies, and applications for experimental licenses 
and rulemaking petitions that the Commission has received. Our proposed 
approach is intended to provide incentives and opportunities for 
investment in the development of innovative new technologies and 
services while remaining cognizant of the flexible international, 
federal and non-federal allocations, and the already extensive and 
planned passive uses of these bands. Developing rules in these bands 
serves the public interest; not only can it lead to new and novel 
communications opportunities in an uncrowded frequency range, it could 
also pay dividends by reducing pressures in lower parts of the 
spectrum. The Commission also recognizes that all the potential 
services and devices that might be developed in this spectrum are not 
yet known. Thus, while the Commission proposes a wide range of expanded 
licensed, unlicensed and experimental use opportunities now, the 
Commission also leaves room to enable future federal and non-federal 
access opportunities and technologies.
    2. Several parties filed comments in the Spectrum Frontiers docket 
regarding the spectrum above 95 GHz. Commenters nevertheless offered 
little in the way of specific proposed rules or technical analyses, 
likely due to the general nature of the questions about these bands 
posed by the Further Notice. While parties are welcome to reprise their 
observations and recommendations to the extent that they remain 
relevant, the Commission also encourages commenters to react to the 
specific objectives, proposals, and draft rules that the Commission 
describes in greater detail herein.
    3. Experimental licenses, petitions and other requests. A review of 
our licensing database indicates that there are currently eleven active 
experimental licenses for spectrum above 95 GHz. The Commission has 
also received petitions and waiver requests to enable spectrum use 
above 95 GHz on a non-experimental basis. Battelle Memorial Institute, 
Inc. (Battelle) filed a petition for rulemaking in February 2014 asking 
the Commission to adopt service rules for non-federal fixed use of the 
102-109.5 GHz band. McKay Brothers, LLC, which holds a nationwide, non-
exclusive license in the 70/80/90 GHz bands, seeks a waiver to enable 
its Geneva Communications subsidiary to operate in the band. 
Additionally, ZenFi Networks, Inc. (ZenFi), which also holds a 70/80/90 
GHz license, seeks a waiver of our part 101 rules to permit use of the 
102-109.5 GHz band in a number of cities under the 70/80/90 GHz band 
rules.
    4. IEEE-USA submitted a request for the Commission to make a 
declaratory ruling that any application for use of technology above 95 
GHz is presumed to be a ``new technology'' under section 7 of the 
Communications Act of 1934, and is thus subject to the one-year 
timeframe for determining whether the proposal is in the public 
interest. IEEE-USA also requests that the Commission declare that, if 
it finds a proposal to use above 95 GHz spectrum is in the public 
interest, it will adopt rules that enable provisioning of that new 
technology or service within a one-year period. James Whedbee, in a 
petition for rulemaking, asks us to create a rule for operation of 
unlicensed intentional radiator devices in the 95-1,000 GHz band. 
Whedbee states that his proposed rule is identical in most respects to 
those used for other Extremely High Frequency (30-300 GHz) bands 
regulated under part 15. The Commission has yet to take action on these 
various petitions or waiver requests.
    5. Discussion. Given the growth in interest in millimeter wave 
spectrum, the Commission believes it is now appropriate to make 
spectrum above 95 GHz more readily available for the deployment of 
fixed and mobile wireless technologies. The Commission tentatively 
concludes that finding new ways to promote the development of bands 
above 95 GHz will also serve the public interest. Moreover, a review of 
academic publications indicates that the demand for wireless data will 
continue to expand.
    6. Licensed service. The Commission seeks comment on whether to 
adopt rules for fixed point-to-point operations in the 95-100 GHz, 102-
109.5 GHz, 111.8-114.25 GHz, 122.25-123 GHz, 130-134 GHz, 141-148.5 
GHz, 151.5-158.5 GHz, 174.5-174.8 GHz, 231.5-232 GHz, and 240-241 GHz 
bands based on the rules currently in place for the 70/80/90 GHz band. 
In addition, the Commission also seeks comment on applying these rules 
to several other frequency bands above 95 GHz that may be suitable for 
licensed fixed operations, including 158.5-164 GHz, 167-174.5 GHz, 
191.8-200 GHz, 209-226 GHz, 232-235 GHz, 238-240 GHz, and 252-275 GHz. 
The Commission also inquires into whether mobile operations may be 
appropriate for any bands above 95 GHz with mobile allocations.
    7. Fixed Point-to-Point Services: Based on the propagation 
properties of the spectrum the Commission believes that large portions 
of the spectrum in the 95-275 GHz range are potentially suitable for 
deploying fixed point-to-point links. While the Commission has no 
intention of changing the current allocations of any of this spectrum, 
the Commission notes that there are numerous bands below 275 GHz that 
are already allocated for the fixed service. Consequently, the 
Commission seeks comment on proposed rules for fixed point-to-point 
operations in 36 gigahertz of spectrum in the 95-100 GHz, 102-109.5 
GHz, 111.8-114.25 GHz, 122.25-123 GHz, 130-134 GHz, 141-148.5 GHz, 
151.5-158.5 GHz, 174.5-174.8 GHz, 231.5-232 GHz, and 240-241 GHz bands 
based on the 70/80/90 GHz rules. These ``proposed fixed bands'' are all 
the bands below 275 GHz with a fixed service allocation that are not 
shared with either the FSS or MSS. Below, the Commission seeks comment 
on whether it should also include the bands shared with the FSS or MSS 
in our proposal. The Commission also believes that the 70/80/90 GHz 
rules in place since 2003, which have proven effective in efficiently 
providing access to spectrum in that frequency range, provide a useful 
model for the rules contemplated here. The propagation characteristics 
and technical rules associated with the 70/80/90 GHz frequencies allow 
for the sharing of spectrum by multiple users in close geographic 
proximity, as the Commission contemplates would be the

[[Page 13890]]

case with the above 95 GHz frequencies proposed here. The 70/80/90 GHz 
rules also allow for sharing with federal users and the protection of 
radio astronomy that shares many of these bands, which the Commission 
anticipates would also be important for the use of the bands 
contemplated in this proceeding.
    8. The Commission seeks comment on draft rules for the proposed 
fixed bands, which would be mostly identical to the rules for the 70/
80/90 GHz bands contained in part 101. Briefly summarizing, both sets 
of rules provide that:
     The Commission will issue non-exclusive nationwide 
licenses for ten-year terms.
     Each fixed point-to-point link must be registered through 
a link registration system maintained by a database manager. An 
interference analysis for the link must be submitted to the database 
manager when registering the link.
     The licensee must apply to the Commission for coordination 
of a link if: (1) The link receives a ``yellow light'' from NTIA's 
automated mechanism as part of the registration process; (2) it 
requires an environmental assessment; (3) it requires international 
coordination; or (4) it operates in a quiet zone.
     An applicant may request a license for any portion of any 
band.
     Interference protection is granted to the first-in-time 
registered non-federal link. Existing digital links are protected to a 
threshold-to-interference ratio (T/I) level of 1.0 dB of degradation to 
the static threshold. Existing analog links shall not experience more 
than a 1.0 dB degradation of the baseband signal-to-noise ratio 
required to produce an acceptable signal in the receiver.
     Construction of links must be completed within 12 months 
of link registration.
     Transmitters may operate at a maximum Equivalent 
Isotropically Radiated Power (EIRP) of 25 decibel watts per megahertz 
(dBW/MHz).
     Transmitters must have a minimum antenna gain of 43 
decibels (isotropic) (dBi) with a half-power beamwidth of 1.2 degrees, 
but the maximum EIRP is reduced by 2 decibels for each decibel the 
antenna gain is less than 50 dBi.
     Out-of-band emissions are limited as specified in Sec.  
101.111 of our rules for signals above 24 GHz with the value of B 
(bandwidth) set for 500 megahertz.
     Systems using digital modulation must have a minimum bit 
rate of 0.125 bits/second/Hz.
     Licensees may provide service on either a common carrier 
or non-common carrier basis and are subject to the eligibility 
requirements of Sec.  101.7 (foreign ownership).
     Coordination with Mexico or Canada is required for certain 
stations located near the borders.
The Commission seeks comment generally on adopting these rules for the 
identified fixed bands and discusses in more detail below some aspects 
of these proposed rules. Should identical rules be adopted for each of 
the individual bands or should the rules be adjusted for the 
characteristics of each band?
    9. Certain rules for the 70/80/90 GHz band contained in part 101 
are different for the 70/80 GHz bands as opposed to the 90 GHz band. 
For example, transmitters in the 90 GHz band are required to have an 
antenna gain of 50 dBi while in the 70/80 GHz band the limit is only 43 
dBi. The 90 GHz band also has an additional interference protection 
requirement that a new link must not decrease an existing link's 
desired to undesired signal ratio below 36 dB. Digital systems in the 
90 GHz band are required to have a bit rate of 1 bit/second/Hz instead 
of 0.125 bits/second/Hz in the 70/80 GHz bands. In these instances 
where the current rules vary, the Commission seeks comment on whether 
to adopt the 70/80 GHz rules
    10. Under the 70/80/90 GHz rules, the transmitted power is limited 
to 55 dBW irrespective of the bandwidth of the signal. Under the 
Commission's proposal, licensees will be limited to a maximum EIRP of 
25 dBW/MHz, which is equivalent to the 75 decibel milliwatts per 100 
megahertz (75 dBm/100 MHz) EIRP limit the Commission recently adopted 
for base stations in our part 30 rules. The Commission seeks comment on 
this proposal; would another EIRP be more appropriate?
    11. Can and should the Commission require or invite the current 70/
80/90 GHz database managers to extend their duties to additional bands 
above 95 GHz or should WTB identify one or more database managers for 
these bands through an independent process? Is the requirement that 
licensees submit an interference analysis to the database manager when 
registering a link necessary to prevent interference given the 
propagation characteristics above 95 GHz?
    12. The Commission seeks comment generally on extending the 70/80/
90 GHz service and technical rules to the proposed fixed bands. Should 
any of the proposed rules be modified for bands above 95 GHz based on 
licensees' experiences with the 70/80/90 GHz rules or for other 
reasons? Are modifications to the rules needed to encourage more 
efficient use of spectrum or to avoid harmful interference? Should a 
higher EIRP be permitted to compensate for the atmospheric attenuation 
at these higher frequencies? The Commission notes that Battelle has 
suggested an EIRP of 70 dBW in their rulemaking petition, which would 
be 31.25 dBW/MHz if spread evenly across the 102-109.5 GHz band, 
claiming that the 70/80/90 GHz bands suffers from limited range and 
operating availability during severe weather and that there will be 
additional atmospheric attenuation in the 102-109.5 GHz band. Should 
the Commission segment any of the proposed bands as the Commission did 
for the 90 GHz band? What segmentation would be appropriate? Would a 
specific channel plan be appropriate in any of the bands? Do the rules 
provide a workable framework for protecting radio astronomy facilities 
and federal operations in the band? Are there any modifications to the 
proposed rules that would be necessary to address any of the 
characteristics of the proposed fixed bands?
    13. Do the antenna gain requirements for the 70/80/90 GHz bands 
strike an appropriate balance between facilitating sharing of the 
spectrum and providing flexibility? Do the proposed rules need to be 
modified to allow for the use of small planar or phased array antennas?
    14. Should the Commission make provisions in the rules for fixed 
point-to-multipoint systems in addition to point-to-point links? For 
example, could the Commission allow licensees to register operations in 
an area around a fixed location instead of requiring registration of 
individual links as required by the 70/80/90 GHz rules? This would 
enable a licensee to establish an access point/base station that serves 
a number of fixed customer locations in the surrounding area. The 
access point/base station would be permitted to operate with multiple 
beams where each beam must abide by the power limits the Commission is 
adopting, but the sum of the power of all the beams could be higher. 
What are the advantages or disadvantages of such a proposal? The 
Commission envisions that the area served by an access/point base 
station would be small. What size area could an access point/base 
station serve given the propagation properties of these bands? Would 
allowing such point-to-multipoint systems require a higher degree of 
coordination with other licensees or Federal operations to prevent 
harmful interference from occurring? Should the area that is reserved 
around a particular access point/base station depend on the technical 
parameters of the access point

[[Page 13891]]

such its transmit power and antenna height and characteristics of the 
surrounding environment such as terrain and structures? Because the 
access point/base station may use dynamically steerable antenna arrays 
to point at particular customer locations as needed, would it make 
sense to allow licensees to specify their coverage areas as a 
probability density function that describes the relative likelihood of 
pointing in a particular direction? By specifying coverage areas in 
terms of probably density functions, the coverage areas of different 
licensees could overlap to allow a means of sharing the spectrum on a 
statistical basis. Do commenters agree with this assessment?
    15. While the Commission did not include the above 95 GHz bands 
that are allocated for the FSS or MSS in the above discussion, the 
Commission notes that satellite services successfully share spectrum 
with terrestrial services in many bands. Therefore, the Commission 
seeks comment on extending our above proposal based on the 70/80/90 GHz 
rules to permit fixed operations in one or more of the following 
additional bands that are allocated for either the FSS or the MSS in 
addition to the fixed and mobile services: 158.5-164 GHz, 167-174.5 
GHz, 191.8-200 GHz, 209-226 GHz, 232-235 GHz, 238-240 GHz, and 252-275 
GHz. What changes, if any, to our proposed rules would be necessary to 
permit fixed operations in these bands?
    16. Alternatively, should the Commission instead adopt the 
licensing and prior coordination requirement used in many bands subject 
to our part 101 rules. Under such an approach, links would be 
individually licensed and the Commission would require that the links 
be coordinated with the licensee of other potentially affected links 
prior to application for a license? Are there any other models for 
licensing that the Commission should consider for these bands?
    17. Mobile Services: The Commission seeks comment generally on the 
deployment of mobile services in this spectrum. Would there be 
significant interest in implementing mobile services here? Given the 
propagation characteristics of these bands, what type of systems could 
feasibly be deployed? What type of licensing and technical rules should 
the Commission consider adopting for mobile services in this spectrum?
    18. Sharing Considerations: With the exception of passive services 
(EESS, RAS, and SRS) that collectively have exclusive primary 
allocations in some of the bands between 95 GHz and 275 GHz, all other 
services in the 95-275 GHz bands have shared allocations. Sometimes, 
without specific guidance, such allocations convey a perception that 
when two or more primary services are listed in the U.S. Table, later-
licensed or authorized federal or non-federal operations would be 
expected to protect the earlier-licensed or authorized operations. 
However, to avoid any mistaken perceptions and in light of the unique 
physical characteristics in these bands, the Commission seeks comment 
below on adopting a new U.S. footnote in the table of allocations that 
would clarify that, among co-primary federal and non-federal services, 
first-in-time does not necessarily mean priority relative to other 
current or future licensed or unlicensed uses.
    19. Sharing with the RAS. RAS operations in this region of the 
spectrum are limited to certain locations. For this reason, the 
Commission believes that excluding fixed and mobile stations from these 
localities would provide adequate protection for incumbent operations. 
U.S. footnote 161 includes a list of RAS locations operating in the 
bands 81-86 GHz, 92-94 GHz, and 94.1-95 GHz that are protected from 
fixed stations by the use of coordination distances. The Commission 
seeks comment as to whether a similar approach would adequately protect 
RAS operations in the bands above 95 GHz. Does this list reflect RAS 
operations that currently exist or are anticipated above 95 GHz, or 
should the Commission modify it to add or eliminate certain locations? 
Given that the propagation losses in the bands above 95 GHz are higher 
than the bands identified in US161, should the coordination distances 
be adjusted accordingly?
    20. The Commission notes that footnote US246 prohibits all 
transmissions in a number of bands above 95 GHz to protect passive 
services such as the RAS and EESS (passive). Footnote US74 specifies 
that radio astronomy observatories operating in most of the frequency 
bands listed in US246 will be protected from unwanted emissions from 
other stations only to the extent the emissions exceed what would be 
permitted under the technical standards or criteria applicable to the 
service in which the station operates. However, US74 omits the 182-185 
GHz and 226-231.5 GHz bands even though they are included in US246 and 
have RAS allocations. The Commission seeks comment on whether these two 
bands should be added to US74.
    21. Sharing services with the EESS and SRS. The Commission seeks 
comments on the appropriate methodology for modelling potential 
interference to the EESS and SRS. Limitations on power or the number 
and locations of devices may be appropriate mitigation techniques that 
would not necessarily restrict the transmission ranges of services such 
as terahertz WLANs or fixed backhaul links to the point they are 
unworkable. Are there specific environmental propagation models the 
Commission should consider when contemplating allowing shared services 
with EESS and SRS? Should additional environmental characteristics, for 
example via building or other forms of clutter model, be considered? 
The Commission seeks comment on the harmful interference criteria for 
satellite passive remote sensing, as well as any published studies or 
recommendations that may be relevant in assessing sharing with 
satellite passive remote sensors. Are there methodologies the 
Commission should adopt into its rules that could mitigate interference 
to EESS and SRS services caused by new users of above 95 GHz spectrum? 
What is the best way of predicting atmospheric attenuation (including 
losses from rain, etc.), particularly in the bands beyond the 1 THz 
limit of the International Telecommunication Union (ITU) recommendation 
on attenuation by atmospheric gases, ITU-R P676-11? Are there other 
assumptions that must be considered in ensuring interference protected 
operation for passive sensors in the EESS and SRS?
    22. Sharing with the FSS, MSS, and ISS. The 158.5-164 GHz, 167-
174.5 GHz, 209-226 GHz, 232-235 GHz, 238-240 GHz, and 265-275 GHz bands 
have shared allocations with the FSS. The Commission expects that 
sharing between the MS service and the FSS service would be similar to 
the lower frequency bands under the new part 30 rules. The Commission 
seeks comment on how the Upper Microwave Flexible Use Service (UMFUS) 
rules could be used to facilitate sharing between the MS and FSS in the 
above 95 GHz bands. How can interference be avoided between mobile 
stations and satellite operations? Could exclusion zones or 
coordination be used to prevent interference? Would designating 
portions of the shared spectrum where satellite or terrestrial services 
have priority be an appropriate means for sharing the spectrum?
    23. The Commission also seeks comment on how sharing could be 
accomplished between the FS and FSS in the bands under discussion. 
Would the use of a narrow-beam antenna requirement in our proposed 
rules for FS operations avoid harmful interference to the FSS? Sharing

[[Page 13892]]

between the FS and the FSS in the lower frequency bands under our part 
101 of our rules uses first-in-time coordination. Would this be an 
appropriate method for sharing between the FS and FSS? Could the 
registration of fixed links with the database manager required under 
our proposed rules be extended to also apply to satellite earth 
stations?
    24. The 158.5-164 GHz, 191.8-200 GHz, 232-235 GHz, and 252-265 GHz 
bands have shared allocations with the MSS. The Commission believes 
sharing between FS and MSS is technically feasible, and seeks comment 
on possible sharing mechanisms between these services. The Commission 
seeks comment on possible sharing mechanisms between the MS and MSS 
services. Would geographical partitioning between services, for example 
between urban/rural markets, serve as a possible sharing mechanism? If 
so, how should such markets be defined? Could dual MS/MSS user 
equipment, if available, resolve possible interference conditions by 
switching to terrestrial service when a terrestrial network is 
detected? Could requiring operators of terrestrial MS networks to adopt 
a method of registration and tracking of MSS user equipment reduce the 
possibility of interference by limiting emissions in the direction of 
MSS user equipment?
    25. The 122.25-123 GHz, 130-134 GHz, 167-174.8 GHz, and 191.8-200 
GHz bands have a shared allocation with the inter-satellite service 
(ISS). Is there a need to make provisions in the Commission's rules to 
prevent harmful interference to and from the ISS? Should there be 
specific antenna performance requirements for FS and MS stations to 
limit potential interference to the ISS? If so, should there be 
separate requirements for each of the shared bands? Commenters who 
support antenna performance requirements for FS and MS stations should 
provide specific technical information and proposals showing the need 
for such requirements. Similarly, should there be specific antenna 
performance requirements for aeronautical use of MS stations or should 
such use be prohibited entirely to protect the ISS? The Commission 
seeks comment on whether NGSO satellites can be accommodated in the 
116-122.25 GHz band.
    26. Other shared services. The 95-100 GHz, 141-148.5 GHz, 151.5-
155.5 GHz, 191-200 GHz, 238-241 GHz, and 252-265 GHz bands have shared 
allocations for radar use (radionavigation service or radiolocation 
service). The 95-100 GHz, 238-240 GHz, and 252-265 GHz bands are also 
allocated for the radio navigation satellite service. How likely is it 
that these allocations will be used in the future by non-federal users? 
The Commission seeks comment generally on how stations in the fixed 
and/or mobile service could share the bands with the radar allocated 
services. Can the sharing mechanism be based on geographical 
separation? Could a database of locations where radar operations occur 
or the locations of transmitters or receivers of other licensed 
services be used to facilitate sharing in these bands? Such a database 
could be a relatively simple record of the locations of fixed 
facilities or the geographic areas where mobile operations may occur or 
it could be more sophisticated. Could the use of sensing technologies 
to determine when radars are in operation be used to share the bands 
between radars and other licensed services?
    27. Federal/non-federal sharing: As the Commission notes above, the 
95-275 GHz spectrum is allocated on a co-primary basis for federal and 
non-federal use. In developing rules for this spectrum, the Commission 
will work closely with the NTIA with the objective of developing a 
framework that both encourages private sector investment in new 
technologies and services and preserves the ability of federal users to 
research, develop, test, and deploy new technologies and services to 
meet their needs. While this notice considers the possibility of 
granting nationwide licenses, access to the band by both federal and 
non-federal users would be on a shared basis where access by users 
would not preclude federal and non-federal users from deploying systems 
where no authorized facilities have been registered or deployed. 
Specific sharing and coordination terms to ensure federal and non-
federal co-primary access will be addressed through a future framework 
to be jointly developed by NTIA and FCC as part of follow-on 
proceedings. The Commission seeks comment on adding the following 
footnote to the Table of Frequency Allocations that reflects this 
approach:

    USxxx: Federal and non-federal users shall have equal rights to 
access the spectrum in the 95-275 GHz band. Use of the band by non-
federal users on a licensed or unlicensed basis shall not preclude 
or impair co-primary use of the bands by federal users and shall not 
establish non-federal priority in bands allocated for shared federal 
and non-federal use.

    28. Unlicensed operations under parts 15. Part 15 of the 
Commission's rules permits the operation of RF devices without issuing 
individual licenses to operators of these devices. The Commission's 
part 15 rules are designed to ensure that there is a low probability 
that these devices will cause harmful interference to authorized users 
of the same or nearby spectrum. Should harmful interference occur, the 
operator is required to immediately correct the interference problem or 
cease operation.
    29. Apart from a few specified frequency bands, spectrum above 38.6 
GHz is designated as ``restricted'' in Sec.  15.205 of the rules. 
Unless expressly permitted by rule or waiver, unlicensed devices are 
not allowed to intentionally radiate energy into a restricted band. The 
Commission proposes to allow unlicensed operation in additional 
frequency bands where the Commission believes it will not cause harmful 
interference to authorized services, and to remove those specific bands 
from the list of restricted bands.
    30. The Commission seeks comment on whether to make 15.2 gigahertz 
of spectrum above 95 GHz available for unlicensed use in four frequency 
bands. First, the Commission seeks comment on allowing unlicensed 
operation in the 122-123 GHz and the 244-246 GHz bands, which are 
already designated industrial, scientific, and medical (ISM) bands. The 
Commission would remove these bands from the list of restricted bands 
in Sec.  15.205. The Commission seeks comment on these proposals.
    31. The Commission also seeks comment on whether to allow 
unlicensed operation in two frequency bands near 183 GHz. The 
Commission believes that the frequency bands located around a sharp 
peak in the atmospheric attenuation curve at 183 GHz may be appropriate 
for unlicensed use. However, no transmissions are permitted in the 
frequency band at the peak due to Allocations Table footnote US246 
stating that no station shall be authorized to transmit in a number of 
bands including the 182-185 GHz band. The Commission would make 
spectrum available for unlicensed use on both sides of the attenuation 
peak, specifically, the 174.8-182 GHz and 185-190 GHz bands. The 
Commission would remove these bands from the list of restricted bands 
in Sec.  15.205. The Commission seeks comment on this approach.
    32. The Commission also seeks comment on what technical rules 
should apply to unlicensed operation within the 122-123 GHz, 174.8-182 
GHz, 185-190 GHz and 244-246 GHz frequency bands. In particular, the 
Commission seeks comment on whether the requirements that apply to the 
operation of unlicensed devices in the 57-71 GHz band under Sec.  
15.255 of the rules are appropriate in these bands. Would the power 
levels provided in that

[[Page 13893]]

rule section be high enough for unlicensed equipment to function as 
intended in the bands under consideration here? If not, what would be a 
reasonable power level that provides for a practical operational range 
that would also provide adequate protection to authorized services in 
the same and nearby spectrum? Could the Commission permit higher power 
levels in the 174.8-182 GHz and 185-190 GHz bands since they are close 
to a peak in atmospheric attenuation that is greater than the peak at 
60 GHz? The Commission recognizes that the primary allocations for the 
174.8-182 GHz and 185-190 GHz bands are for the ISS and for the EESS 
and the SRS (passive) and that footnote 5.562H limits ISS emissions to 
levels below the EESS (passive) protection criteria. The Commission 
also notes that the rules applying to unlicensed use of the 57-71 GHz 
band do not allow the use of devices on satellites or allow for the use 
of field disturbance sensors unless the sensors are part of fixed 
equipment. In addition, these rules permit the use of devices on 
aircraft only under certain specific circumstances. Therefore, the 
Commission seeks comment on whether any of these restrictions should 
apply to unlicensed devices in any or all of the four proposed bands to 
protect the existing authorized services in these bands, and if so, 
why? Is there a need to prohibit all operation of devices on aircraft 
in any of the proposed bands? Would any other modifications to the 
requirements of Sec.  15.255 be needed to permit unlicensed operation 
in these bands?
    33. The Commission further seeks comment on whether there are any 
other bands above 95 GHz that would be suitable for unlicensed use in 
addition to the 15.2 gigahertz of spectrum identified above. In 
particular, the Commission seeks comment on allowing unlicensed use of 
the 116-122 GHz band. The 116-122.25 GHz band is allocated to passive 
services such as the EESS and SRS (passive) as well as the ISS which is 
used for communications between satellites with footnote 5.562C 
limiting ISS emission levels below the EESS (passive) protection 
criteria. The passive services would likely be compatible only with low 
density deployments and low power unlicensed uses because of the high 
sensitivity of these types of passive receivers. Because devices 
operating under our part 15 rules are limited to transmission at low 
power levels, and given the increased propagation attenuation from high 
atmospheric absorption, the Commission believes that part 15 devices 
may be able to share spectrum with these passive services without 
causing interference. However, the Commission notes that while this 
band is close to a peak in the atmospheric attenuation curve, this peak 
is smaller than the peaks at 60 GHz and 183 GHz. Also, the Commission 
notes that RAS observations at 115.27 GHz may necessitate geographic 
restrictions to protect RAS facilities. Accordingly, the Commission 
seeks comment on whether unlicensed operation should be permitted in 
the 116-122 GHz band. If so, what technical and other requirements 
should apply to prevent interference to authorized services in the 
band? The Commission also seeks comment on any other bands above 95 GHz 
that may be suitable for unlicensed use and the technical requirements 
that would be necessary to allow operation in them while protecting 
authorized services. In particular, the Commission seeks comment on how 
such use would relate to current and planned passive services.
    34. Potential future applications in these bands includes ultra-
high definition video, and high-speed data transmission, such as 
temporary fiber optic line replacement, chip-to-chip communication 
within computer equipment, and replacement of computer data cables in 
data centers with wireless links. Would the rules proposed above for 
unlicensed devices allow for applications such as these? With respect 
to non-federal users, the Commission seeks comment on whether the 
unlicensed spectrum access model is most appropriate for the types of 
devices that could be operated in the proposed frequency bands, or 
whether some other spectrum access model would be more appropriate, 
e.g., licensed or licensed by rule.
    35. As mentioned above, James Whedbee has filed a rulemaking 
petition requesting that the Commission adopt rules to permit 
unlicensed device operation in the 95-1000 GHz range. Whedbee advocates 
that the Commission apply the same technical rules to these unlicensed 
operations as currently apply in the 57-71 GHz band with a few 
differences. Whedbee proposes unlicensed devices in 95-1000 GHz be 
limited to a bandwidth of 500 megahertz. Whedbee also specifies that 
unlicensed operations be limited to indoors only and that transmitters 
not be deliberately pointed at windows in a number of bands used by the 
RAS, EESS (passive), and SRS (passive). According to Whedbee, licensing 
of transmissions over the range 95-1000 GHz may hinder the 
technological developments that his proposed rule would permit without 
licensing. The Commission is reluctant to open such a wide swath of 
spectrum for unlicensed use because the Commission believes it 
represents an inefficient use of the spectrum, provides no focus for 
development of technologies in specific bands and the Commission's 
proposals would already provide considerable opportunities for 
unlicensed devices. Nevertheless, in seeking comment on making 15.2 
gigahertz of spectrum above 95 GHz available for unlicensed use the 
Commission grants his petition in part. The Commission also seeks 
comment broadly on Whedbee's rulemaking petition to the extent his 
proposal goes beyond what the Commission is seeking comment on and on 
any costs or benefits that could arise from making the 95-1000 GHz band 
available for unlicensed use in accordance with his proposal.
    36. The Commission also seeks comment on what rules might be most 
appropriate for ISM operations in the above 95 GHz band. Part 18 of the 
rules contains the regulations for ISM equipment.
    37. The Commission has historically treated RF devices that 
transmit a radio signal for purposes such as measuring the level of a 
fluid in a container or for measuring some quantifiable property of a 
material as part 15 devices. The Commission is aware of interest in 
using the spectrum above 95 GHz for devices that use terahertz 
spectroscopy to analyze material properties and for imaging 
applications, which could possibly be considered ISM applications. The 
Commission seeks comment on whether it should establish a more certain 
regulatory approach for devices that use the frequencies above 95 GHz. 
Is the lack of provisions under part 15 for equipment that operates in 
these higher frequency bands hampering the ability of these new 
technologies to be approved and, if so should the Commission modify the 
part 15 rules to allow them? Or would it be more appropriate to 
routinely treat these terahertz applications as part 18 ISM equipment 
for which there are already power and field strength limits specified 
in the rules?
    38. The Commission recognizes that the radiated emission limits in 
part 18 were originally developed for devices operating at 
significantly lower frequencies than the Commission is considering 
here, and seeks comment on how that should affect its analysis. 
Accordingly, the Commission seeks comment on whether changes to these 
limits are necessary for operation above 95 GHz. Are the limits in 
Sec.  18.305 appropriate for these devices? If not,

[[Page 13894]]

what are the appropriate limits, and in what terms should they be 
expressed, e.g., field strength, power density, EIRP or some other 
power-related terms? In addition, the Commission notes that the rules 
currently specify that radiated emissions from most ISM equipment must 
be measured at a distance of 300 meters from the equipment. Due to the 
rapid attenuation of signals and the limitations in measurement devices 
at frequencies above 95 GHz, measurements at this distance are likely 
not practical. The Commission therefore seeks comment on the 
appropriate measurement distance and procedures for determining 
compliance with the rules. The Commission also seeks comment on whether 
any other changes to the rules may be required to prevent harmful 
interference to authorized services. For example, should the Commission 
restrict operation in certain frequency bands to indoor locations only, 
and if so, in which frequency bands should such a restriction apply and 
how could it be enforced?
    39. Experimental Radio service. In this section, the Commission 
seeks comment on whether to create a new subpart of our part 5 
Experimental Radio Service (ERS) rules to better encourage experiments 
in the spectrum range between 95 GHz and 3 THz. The Commission's part 5 
ERS rules prescribe the requirements for authorizing a variety of 
entities to experiment with new radio technologies, equipment designs, 
characteristics of radio wave propagation, or service concepts related 
to the use of the radio spectrum. Experimental operations are not 
entitled to exclusive use protected from harmful interference from 
allocated services, and ERS licensees must not cause harmful 
interference to stations of authorized services, including secondary 
services.
    40. Proposal for ``Spectrum Horizons Experimental Radio Licenses.'' 
Because of the potential for innovation above 95 GHz, and the unique 
nature of this spectrum (e.g., limited propagation and virtually no 
existing operations), the Commission believes that certain experimental 
requirements can be relaxed or modified without creating an 
unacceptable risk of interference or undermining our longstanding 
general policies related to the marketing and authorization of 
equipment. Accordingly, the Commission seeks comment on a proposal to 
create an experimental radio license for authorizing operation on 
frequencies from 95 GHz to 3 THz. In keeping with the current structure 
of part 5, the Commission proposes to add a new subpart I that would 
provide specific requirements for ``Spectrum Horizons Experimental 
Radio Licenses'' and amend subparts A, B, and C, which are generally 
applicable to all part 5 ERS licenses, as necessary. Since these 
Spectrum Horizons licensees would be subject to unique requirements 
that, in many cases, reflect existing or modified versions of the 
requirements associated with other ERS licensees, the Commission 
believes this would be the best option for providing prospective 
licensees with clear requirements, while at the same time maintaining 
existing rules for the various other forms of ERS authorization. The 
Commission seeks comment on the assumptions made above and whether a 
unique subpart of the ERS rules is warranted.
    41. The Commission believes that Spectrum Horizons licenses should 
have a number of characteristics that differ from existing ERS 
authorizations, although they would also have a number of 
characteristics in common. Specifically, the Commission seeks comment 
on the following proposed rules for these Spectrum Horizon licenses.
    42. Marketing. Marketing of experimental devices or provision of 
services for hire under product development trial is currently 
prohibited. While our rules permit market trials under certain 
circumstances, ERS licensees may sell equipment only to each other 
under such trials, rather than to market trial participants, and must 
also ensure that the number of marketed devices is the minimum 
necessary to conduct the market trial.
    43. In the spectrum range above 95 GHz, the Commission believes 
that marketing of innovative devices at a relatively early stage of 
experimentation may be particularly important to permit entrepreneurs 
to gauge consumer acceptance and to determine whether to proceed to the 
next stage of the experiment. As operations extend further into the 
spectrum above 95 GHz, the unique technical issues associated with such 
operations make capable devices more expensive to produce. Further, 
these same issues also make it less likely that such devices could be 
easily adapted for use in the lower spectrum. Thus, entrepreneurs will 
be reluctant to proceed without a clear signal from consumers that they 
are interested in purchasing such devices.
    44. The Commission proposes to allow experimental devices used in 
market trials in these bands to be sold directly to participants to 
encourage experimentation, as well as to help innovators share device 
manufacturing costs with potential early adopters who are willing to 
bear the risks associated with experimental licensing in this range. As 
a safeguard against such devices causing harmful interference, the 
Commission will maintain a requirement that the Spectrum Horizons 
licensee must adhere to the conditions specified in Sec.  5.602(e) of 
our rules, which states that ``trial devices are either rendered 
inoperable or retrieved . . . at the conclusion of the trial.'' The 
Commission also proposes that the Spectrum Horizons licensee must 
provide market trial participants with a written disclosure clearly 
stating that the equipment being purchased is part of an experiment 
that may be terminated at any time by the licensee or the Commission. 
Thus, only those individuals who are willing to accept the risk that 
their devices could be rendered unusable on short notice would be 
candidates for participating in such market trials. The Commission 
seeks comment on these proposals.
    45. In this connection, the Commission proposes to require that 
Spectrum Horizons licensees who choose to market equipment must label 
any such equipment as ``Experimental--Not Authorized for Permanent 
Use'' and carry with it an equipment ID number registered as part of 
the experimental license process. The Commission notes that a Spectrum 
Horizons license should have no expectation that an experiment will 
always lead to the establishment of a permanent service. Thus, a 
Spectrum Horizons licensee who chooses to market a substantial--rather 
than a limited--amount of equipment would be increasing its financial 
risk. The Commission seeks comment on these marketing proposals, and on 
any alternatives to them.
    46. Eligibility and filing requirements. The Commission seeks 
comment on whether Spectrum Horizons licenses should be broadly 
available to qualified persons as generally defined under existing ERS 
rules. However, to obtain a Spectrum Horizons license, the Commission 
proposes that a qualified applicant be required to include a narrative 
statement that sufficiently explains the proposed new technology/
potential new service and that incorporates an interference analysis 
that explains why the proposed experiment would not cause harmful 
interference to any other spectrum user. The statement should include 
technical details, including the requested frequency band(s), maximum 
power, emission designators, area(s) of operation, type(s) of device(s) 
to be used, and the maximum number of each type of device to be used. 
The Commission seeks comment on these and any other issues that it 
should

[[Page 13895]]

require a Spectrum Horizons service applicant to address in its 
narrative statement.
    47. Available frequencies. Because all ERS licenses are authorized 
on a non-interfering basis, and such applications must be coordinated 
with federal users via NTIA, the Commission proposes that subpart I 
specify that Spectrum Horizons licenses be permitted on any frequency 
in the range of 95 GHz-3 THz, provided there are no objections raised 
in the coordination process. Applicants would be expected to address 
any allocation footnotes and any known use(s) of the requested 
frequency or frequencies in the spectrum analysis that they would be 
required to provide in their narrative statements discussed above. 
Additionally, applicants must ensure that the significant number of 
passive services that use spectrum above 95 GHz are protected from 
harmful interference and, if proposing to use spectrum that is 
exclusively allocated for passive use(s), they must explain why nearby 
bands that have non-passive allocations are not adequate for the 
experiment. The Commission seeks comment on this proposal. Commenters 
who propose limitations on available frequencies should identify 
specific bands where they believe that Spectrum Horizons experiments 
should be prohibited or restricted, including references to pertinent 
footnotes listed in the Table of Frequency Allocations. The Commission 
proposes to list in subpart I all bands that the Commission concludes 
should be prohibited or restricted for Spectrum Horizons experimental 
use.
    48. Scope of license grant. The Commission proposes to provide 
Spectrum Horizons licensees with substantial flexibility to conduct 
long-term experiments over a wide geographic area and frequency range, 
market equipment if necessary, and adapt their program of 
experimentation as needed. In making these proposals, the Commission 
emphasizes the overriding considerations that Spectrum Horizons 
licensees--like all ERS licensees--would have to accept to operate: (1) 
Licensees would be prohibited from causing harmful interference to any 
established radio service, and would be solely responsible for promptly 
remedying any such interference; (2) licenses would be non-exclusive; 
and (3) there would be no assurance that experimentation would lead to 
the establishment of an authorized service. Otherwise, the Commission 
asks for comment on what specific technical rules in subpart C should 
or should not be applicable to Spectrum Horizons stations.
    49. License term and interim reporting requirement. The Commission 
seeks comment on whether to extend the experimental license term for 
Spectrum Horizons licenses and, if so, for how long. Would a longer 
license term, such as 10 years, encourage entrepreneurs to make 
investments in this portion of the spectrum where there has been 
relatively minimal experimentation and, thus, limited ``real world'' 
experiences to guide the experimental planning process? If the 
Commission provides longer license terms, the Commission proposes to 
require an interim report be submitted to the Commission at the half-
way point of the license term to provide the public with information 
about the progress of the experiment. The Commission also seeks comment 
on whether a longer Spectrum Horizons license would be eligible for 
renewal.
    50. Other aspects. The Commission seeks comment on how best to 
handle geographic, frequency, or technical limits on experiments, and 
limits on the number of devices or their type, including whether these 
limits should be decided on a case-by-case basis. The Commission also 
seeks comment on how applicants should be required to justify their 
proposed parameters in their narrative statements. In order to avoid 
the filing of subsequent requests to modify those parameters during the 
license term, the Commission proposes that applicants request the 
maximum parameters that they may ultimately use, even if their initial 
plans do not require those maximums. The Commission acknowledges that 
circumstances may change, however, and would still consider granting 
applications to modify Spectrum Horizons licenses.
    51. To better ensure that Spectrum Horizons experiments do not 
cause harmful interference, the Commission proposes to adopt rules for 
such experiments similar to our existing ``station identification,'' 
``responsible party,'' and ``stop buzzer'' rules. However, consistent 
with our rules for conventional experimental licenses, the Commission 
proposes to permit Spectrum Horizons licenses to be transferred, if the 
Commission finds that to be in the public interest and gives its 
consent in writing. Comments are requested on each of these proposals.
    52. RF Exposure Limits. RF devices must comply with the 
Commission's RF exposure limits that are currently specified up to 100 
GHz. The power density limits specified for general population and 
occupational exposure at 100 GHz are 1 mW/cm\2\ and 5 mW/cm\2\ 
respectively for whole-body continuous exposure. The Commission notes 
that these limits could in principle be applied up to infrared 
wavelengths, although the Commission does not suggest that there should 
be any particular changes to our rules at this time. The Commission 
also notes that the issues of averaging area and averaging time for 
localized and time varying exposure are the subject of ongoing 
consideration at lower frequencies in the context of developing 
laboratory test procedures for specific devices. However, the 
Commission has an open proceeding in which it is broadly examining its 
RF exposure rules and policies, which could potentially influence how 
such devices are authorized in the future. In the RF Inquiry of that 
separate open proceeding, the Commission specifically asks whether it 
should expand the frequency scope of its exposure rules above the 
present maximum of 100 GHz. The Commission proposes that it make no 
changes to its present rules limiting human exposure to RF energy until 
it considers the broader issues brought forth in its RF Inquiry.
    53. Equipment Authorization Matters. As the Commission has noted 
previously in the Spectrum Frontiers proceeding, there are unique 
technical challenges specific to demonstrating compliance with our 
rules for the purpose of equipment authorization of millimeter-wave 
devices. As technology evolves to address the technical challenges 
related to perform compliance measurements above 95 GHz (with respect 
to propagation, interference protection, modulation techniques, 
transmission security, etc.), the Commission expects that OET, in its 
capacity as the technical administrator of the Commission's part 2, 5, 
15, and 18 rules, will provide guidance on appropriate measurement 
techniques through its knowledge database publications as products are 
developed, seeking notice and comment as appropriate. To inform this 
guidance, the Commission generally requests information on relevant 
research as it addresses measurement techniques to verify that devices 
meet the electromagnetic compatibility (EMC) technical rules; the 
Commission discusses specific concerns in more detail below.
    54. EMC measurements. In this Notice, the Commission seeks comment 
on what technical rules should apply to operation in spectrum above 95 
GHz. At this time, the FCC laboratory has offered generally limited 
guidance related to the technical procedures that could be used to 
demonstrate the compliance of millimeter-wave devices with such rules. 
The Commission recognizes that

[[Page 13896]]

radiated field strength measurements at frequencies above 1 GHz present 
challenges due to the relatively high values of cable loss and antenna 
factor. Similarly, a conducted method of measurement would only be 
effective if the device and other mixer waveguides are both accessible. 
The Commission seeks information on fundamental aspects of measurements 
of radiated and conducted emissions at these frequencies. What are ways 
to demonstrate compliance with procedures which are practical, 
repeatable, and do not have large margins of error? Specifically, 
Sec. Sec.  15.255 and 15.257 of our rules apply to the use of an RF 
detector that has been specified to make millimeter-wave measurements. 
Is the use of an RF detector an appropriate method for measuring the 
frequencies above 95 GHz? Are there industry measurement standards 
available for RF devices operating above 95 GHz? The Commission seeks 
further comment on whether and how present procedures can be adapted or 
modified to appropriately address the specific technical challenges 
presented by millimeter-wave devices.
    55. Out-of-band and spurious emissions measurement. At the present 
time, the FCC laboratory guidance does offer a procedure to measure the 
out-of-band and spurious emissions from devices with multiple antennas. 
The measurement challenges discussed above are often accentuated in the 
case of out-of-band and spurious emissions due to the low levels of 
these emissions relative to the fundamental emissions. The Commission 
seeks comment on what other measurement procedures, such as those in 
ANSI C63.10-2013, may be used and whether the Commission needs to 
provide additional guidance (e.g., appropriate measurement bandwidth, 
cut-off frequency, etc.) to determine compliance with the out-of-band 
and spurious emission limits for millimeter-wave devices considering 
the technical challenges of such measurements.
    56. Equipment authorization procedures. The Commission proposes to 
parallel the existing 70/80/90 GHz service rules for the bands the 
Commission proposes for fixed services and similarly adapt our UMFUS 
rules for the bands the Commission proposes for mobile services. 
Transmitters used for operation in accordance with the Commission's 
part 101 Fixed Microwave Services rules are generally authorized via 
our Suppliers Declaration of Conformity (SDoC) procedure. Transmitters 
used for part 30 UMFUS mobile operations are required to be authorized 
via the certification procedure. The Commission seeks comment on which 
equipment authorization procedure would be most appropriate for any 
fixed or mobile service adopted under the proposals set forth herein, 
or whether some other authorization procedure would be more 
appropriate.
    57. Rulemaking and Waiver Petitions. Battelle Petition. Battelle 
Memorial Institute, Inc. (Battelle) filed a petition for rulemaking in 
February 2014 asking the Commission to commence a rulemaking to propose 
service rules for fixed use of the 102-109.5 GHz band. Battelle's 
proposed rules draw extensively from the 70/80/90 GHz rules. Because 
the rules the Commission is proposing for the 102-109.5 GHz band are 
similar to what Battelle has proposed, the Commission considers their 
rulemaking petition granted in part. Battelle and other interested 
parties are able to participate in this rulemaking and will have ample 
opportunity to comment on the rules the Commission is proposing and 
therefore the Commission dismisses Battelle's petition from further 
consideration.
    58. ZenFi Waiver. ZenFi Networks, Inc. (ZenFi), which holds a 
nationwide, non-exclusive license under call sign WQUN758 in the 71-76 
GHz, 81-86 GHz, and 92-95 GHz bands, seeks a waiver of the applicable 
part 1 and subpart Q of part 101 rules to permit use of the 102-109.5 
GHz band under its existing license and to register individual point-
to-point links at locations within the New York City, Chicago, 
Washington, DC, and San Francisco metropolitan markets using the 
regulatory framework established for registering links in the 70/80/90 
GHz bands. ZenFi states that it understands that grant of its waiver 
request will serve as a pre-requisite for coordinating and registering 
individual point-to-point links in the 102-109.5 GHz band in the four 
identified markets and that its use of the 102-109.5 GHz band would 
continue pending resolution of the Battelle rulemaking proceeding.
    59. On October 13, 2015, the Commission's Wireless 
Telecommunications Bureau released a public notice seeking comment on 
the ZenFi Waiver Request. Battelle and SMG Holdings, LLC (SMG) support 
grant of the ZenFi Waiver Request, and SMG asks that the Commission 
extend to it any relief granted to ZenFi.
    60. The Commission denies the ZenFi Waiver Request and SMG's 
informal request seeking waiver to use the 102-109.5 GHz band because 
ZenFi and SMG have not met the standard for a waiver and grant of a 
waiver would improperly judge the outcome of the rulemaking proceeding 
the Commission has begun with this NPRM. First, ZenFi has failed to 
justify a waiver based on special circumstances because there is 
nothing unique or unusual about its situation. It is no different than 
any other operator who has potential interest in using the above 95 GHz 
bands, and has not demonstrated a need to use this band that cannot be 
met by deployment in another band. Second, ZenFi has not shown that a 
deviation from the general rule would be in the public interest. 
Although ZenFi generally discusses its intent to address the growing 
demand for wireless links capable of delivering 10GE, it fails to 
reference a specific proposed deployment that would require a waiver, 
or discuss the extent to which its proposed deployments could not be 
reasonably achieved on other spectrum. ZenFi has also failed to 
distinguish itself from any other party who would potentially be 
interested in using the 102-109.5 GHz band. ZenFi also fails to satisfy 
the third prong, because a waiver grant here would essentially replace 
the current rulemaking process, undermining the validity of that final 
rule. This is particularly true in this band where the Commission lacks 
any actual service, licensing, or technical rules. What ZenFi is 
requesting is not a waiver of the existing rules, but the authority to 
operate absent any established rules governing the operations. As noted 
above, there are a series of issues that the Commission must decide 
before it authorizes service in the 102-109.5 GHz band and develops 
service rules for that band, including whether to adopt the existing 
70/80/90 GHz licensing regime for this band. The Commission does not 
believe that it would be a prudent policy to subject licensees and 
their customers to this potential disruption, particularly in the 
absence of any specific, demonstrated need for interim operation in the 
band. While the Commission may ultimately adopt rules similar to what 
Battelle has proposed, ZenFi (and SMG) have not justified the need for 
a waiver prior to our developing a full record on the proposed changes.
    61. McKay Brothers Waiver. McKay Brothers has requested that if the 
Commission were not to issue a notice of proposed rulemaking regarding 
Battelle's petition, the Commission should consider granting a waiver 
of the Commission's rules to permit operations similar to ZenFi's 
waiver request. Because the Commission has deemed Battelle's rulemaking 
petition granted-in-part, the Commission shall likewise consider McKay 
Brothers request

[[Page 13897]]

granted-in-part and dismiss it from further considerations.
    62. Procedural Matters. Ex Parte Rules--Permit-but-disclose. 
Pursuant to Sec.  1.1200(a) of the Commission's rules, this NPRM shall 
be treated as a ``permit-but-disclose'' proceeding in accordance with 
the Commission's ex parte rules. Persons making ex parte presentations 
must file a copy of any written presentation or a memorandum 
summarizing any oral presentation within two business days after the 
presentation (unless a different deadline applicable to the Sunshine 
period applies). Persons making oral ex parte presentations are 
reminded that memoranda summarizing the presentation must (1) list all 
persons attending or otherwise participating in the meeting at which 
the ex parte presentation was made, and (2) summarize all data 
presented and arguments made during the presentation. If the 
presentation consisted in whole or in part of the presentation of data 
or arguments already reflected in the presenter's written comments, 
memoranda or other filings in the proceeding, the presenter may provide 
citations to such data or arguments in his or her prior comments, 
memoranda, or other filings (specifying the relevant page and/or 
paragraph numbers where such data or arguments can be found) in lieu of 
summarizing them in the memorandum. Documents shown or given to 
Commission staff during ex parte meetings are deemed to be written ex 
parte presentations and must be filed consistent with rule 1.1206(b). 
In proceedings governed by rule 1.49(f) or for which the Commission has 
made available a method of electronic filing, written ex parte 
presentations and memoranda summarizing oral ex parte presentations, 
and all attachments thereto, must be filed through the electronic 
comment filing system available for that proceeding, and must be filed 
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). 
Participants in this proceeding should familiarize themselves with the 
Commission's ex parte rules.
    63. Comment period and procedures. Pursuant to Sec. Sec.  1.415 and 
1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested 
parties may file comments and reply comments on or before the dates 
indicated on the first page of this document. Comments may be filed 
using the Commission's Electronic Comment Filing System (ECFS). See 
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 
(1998).
    [ssquf] Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
    [ssquf] Paper Filers: Parties who choose to file by paper must file 
an original and one copy of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
    [ssquf] All hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary must be delivered to FCC Headquarters at 445 
12th St. SW, Room TW-A325, Washington, DC 20554. The filing hours are 
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes and boxes must be disposed of 
before entering the building.
    [ssquf] Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
    [ssquf] U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 445 12th Street SW, Washington DC 20554.
    64. People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
    65. Availability of Documents. Comments, reply comments, and ex 
parte submissions will be publicly available online via ECFS. These 
documents will also be available for public inspection during regular 
business hours in the FCC Reference Center, Federal Communications 
Commission, 445 12th Street SW, CY-A257, Washington, DC, 20554. The 
Reference Information Center is open to the public Monday through 
Thursday from 8:00 a.m. to 4:30 p.m. and Friday from 8:00 a.m. to 11:30 
a.m.
    66. Initial Regulatory Flexibility Analysis. As required by the 
Regulatory Flexibility Act of 1980 (RFA), as amended, the Commission 
has prepared an Initial Regulatory Flexibility Analysis (IRFA) 
regarding the possible significant economic impact on small entities of 
the policies and rules adopted in the NPRM, which is found below. The 
Commission request written public comment on the IRFA. Comments must be 
filed in accordance with the same deadlines as comments filed in 
response to the NRPM and must have a separate and distinct heading 
designating them as responses to the IRFA. The Commission's Consumer 
and Governmental Affairs Bureau, Reference Information Center, will 
send a copy of the Notice, including the IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration.
    67. Paperwork Reduction Analysis. This document contains proposed 
new information collection requirements. The Commission, as part of its 
continuing effort to reduce paperwork burdens, invites the general 
public and the Office of Management and Budget (OMB) to comment on the 
information collection requirements contained in this document, as 
required by the Paperwork Reduction Act of 1995, Public Law 104-13. In 
addition, pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission sought 
specific comment on how they might further reduce the information 
collection burden for small business concerns with fewer than 25 
employees.

I. ORDERING CLAUSES

    68. It is ordered, pursuant to the authority found in sections 1, 
2, 4, 7, 201, 301, 302a, 303, 307, 310, and 332 of the Communications 
Act of 1934, 47 U.S.C. 151, 152, 154, 157, 201, 301, 302a, 303, 307, 
310, 332, section 706 of the Telecommunications Act of 1996, as 
amended, 47 U.S.C. 1302, and Sec.  1.411 of the Commission's rules, 47 
CFR 1.411, that this NPRM is hereby adopted.
    69. It is further ordered, pursuant to section 4(i) of the 
Communications Act of 1934, 47 U.S.C. 154(i), and Sec.  1.925 of the 
Commission's rules, that the Requests for Waivers filed by ZenFi 
Networks, Inc. on July 22, 2015, McKay Brothers, LLC on August 10, 
2015, and SMG Holdings, LLC on November 12, 2015 are denied.
    70. It is ordered, pursuant to section 4(i) of the Communications 
Act of 1934, 47 U.S.C. 154(i), and Sec.  1.407 of the Commission's 
rules, that the Petition for Rulemaking of Battelle Memorial Institute, 
Inc. filed on February 6, 2014 is granted-in-part as described herein 
and is otherwise denied.
    71. It is ordered, pursuant to section 4(i) of the Communications 
Act of 1934, 47 U.S.C. 154(i), and Sec.  1.407 of the Commission's 
rules, that the Petition for Rulemaking of James Edwin Whedbee

[[Page 13898]]

filed on November 5, 2013 is granted-in-part as described herein.
    72. It is ordered that the Commission's Consumer and Governmental 
Affairs Bureau, Reference Information Center, shall send a copy of this 
NPRM, including the Initial Regulatory Flexibility Analysis, to the 
Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects

47 CFR Part 1

    Environmental impact statements.

47 CFR Part 2

    Radio.

47 CFR Part 5

    Reporting and recordkeeping requirements and Radio.

47 CFR Part 15

    Communications equipment and Radio.

47 CFR Part 101

    Communications equipment and Radio.

    Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 1, 2, 5, 15, 
and 101 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. 34-39, 151, 154(i), 154(j), 155, 157, 160, 
201, 225, 227, 303, 309, 310, 332, 1403, 1404, 1451, 1452, 1455; 28 
U.S.C. 2461 note.

0
2. Amend Sec.  1.1307 by revising the last entry of Table 1 in 
paragraph (b)(1) 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) * * *

------------------------------------------------------------------------
 Service (title 47 CFR rule part)          Evaluation required if:
------------------------------------------------------------------------
 
                              * * * * * * *
70/80/90 GHz and above 95 GHz       Non-building-mounted antennas:
 Bands (subpart Q of part 101).      height above ground level to lowest
                                     point of antenna < 10 m and power >
                                     1640 W EIRP.
                                    Building-mounted antennas: power >
                                     1640 W EIRP, licensees are required
                                     to attach a label to transceiver
                                     antennas that:
                                    (1) provides adequate notice
                                     regarding potential radiofrequency
                                     safety hazards, e. g., information
                                     regarding the safe minimum
                                     separation distance required
                                     between users and transceiver
                                     antennas; and
                                    (2) references the applicable FCC-
                                     adopted limits for radio-frequency
                                     exposure specified in Sec.
                                     1.1310.
------------------------------------------------------------------------

* * * * *

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.  2.803 by revising paragraph (c)(1) to read as follows:


Sec.  2.803   Marketing of radio frequency devices prior to equipment 
authorization.

* * * * *
    (c) * * *
    (1) Activities conducted under market trials pursuant to subpart H 
of part 5 or in accordance with a Spectrum Horizons experimental radio 
license issued pursuant to subpart I of part 5.
* * * * *

PART 5--EXPERIMENTAL RADIO SERVICE

0
5. The authority citation for part 5 continues to read as follows:

    Authority:  Secs. 4, 302, 303, 307, 336 48 Stat. 1066, 1082, as 
amended; 47 U.S.C. 154, 302, 303, 307, 336. Interpret or apply sec. 
301, 48 Stat. 1081, as amended; 47 U.S.C. 301.

0
6. Amend Sec.  5.1 by revising paragraph (b) to read as follows:


Sec.  5.1   Basis and purpose.

* * * * *
    (b) Purpose. The rules in this part provide the conditions by which 
portions of the radio frequency spectrum may be used for the purposes 
of experimentation and innovation, product development, and market 
trials.
0
7. Amend Sec.  5.3 by revising paragraph (l) and adding paragraph (m) 
to read as follows:


Sec.  5.3   Scope of service.

* * * * *
    (l) Experimentation in innovative new devices and services that 
operate on frequencies above 95 GHz.
    (m) Types of experiments that are not specifically covered under 
paragraphs (a) through (l) of this section will be considered upon 
demonstration of need for such additional types of experiments.
0
8. Amend Sec.  5.54 by redesignating paragraph (f) as paragraph (g) and 
adding a new paragraph (f) to read as follows:


Sec.  5.54   Types of authorizations available.

* * * * *
    (f) Spectrum Horizons experimental radio license. This type of 
license is issued for the purpose of testing potentially innovative 
devices and services on frequencies above 95 GHz, where there are no 
existing service rules.
* * * * *
0
9. Amend Sec.  5.55 by revising paragraphs (c) and (d) to read as 
follows:


Sec.  5.55   Filing of applications.

* * * * *
    (c) Each application for station authorization shall be specific 
and complete with regard to the information required by the application 
form and this part.
    (1) Conventional and Spectrum Horizons license and STA applications 
shall be specific as to station location, proposed equipment, power, 
antenna height, and operating frequencies.
    (2) Broadcast license applicants shall comply with the requirements 
in subpart D of this part; Program license applicants shall comply with 
the requirements in subpart E of this part; Medical Testing license 
applicants shall comply with the requirements in subpart F of this 
part; Compliance Testing license applicants shall comply with the 
requirements in subpart G of this part; and Spectrum Horizons license 
applicants shall comply with the requirements in subpart I of this 
part.
    (d) Filing conventional, program, medical, compliance testing, and 
Spectrum Horizons experimental radio license applications:

[[Page 13899]]

    (1) Applications for radio station authorization shall be submitted 
electronically through the Office of Engineering and Technology website 
http://www.fcc.gov/els.
    (2) Applications for special temporary authorization shall be filed 
in accordance with the procedures of Sec.  5.61.
    (3) Any correspondence relating thereto that cannot be submitted 
electronically shall instead be submitted to the Commission's Office of 
Engineering and Technology, Washington, DC 20554.
* * * * *
0
10. Amend Sec.  5.59 by revising the paragraph (a) subject heading and 
paragraph (a)(1) to read as follows:


Sec.  5.59   Forms to be used.

    (a) Application for conventional, program, medical, compliance 
testing, and Spectrum Horizons experimental radio licenses--(1) 
Application for new authorization or modification of existing 
authorization. Entities must submit FCC Form 442.
* * * * *
0
12. Amend Sec.  5.71 by adding paragraph (d) to read as follows:


Sec.  5.71   License period.

* * * * *
    (d) Spectrum Horizons experimental radio license. Licenses are 
issued for a term of 10 years.
0
13. Amend Sec.  5.79 by revising the section heading and adding 
paragraph (c) to read as follows:


Sec.  5.79   Transfer and assignment of station authorization for 
conventional, program, medical testing, Spectrum Horizons, and 
compliance testing experimental radio licenses.

* * * * *
    (c) A station authorization for a Spectrum Horizons experimental 
radio license, the frequencies authorized to be used by the grantee of 
such authorization, and the rights therein granted by such 
authorization shall be transferred, assigned, or in any manner either 
voluntarily or involuntarily disposed of, if the Commission decides 
that such a transfer is in the public interest and gives its consent in 
writing.
0
14. Amend Sec.  5.107 by adding paragraph (f) to read as follows:


Sec.  5.107   Transmitter control requirements.

* * * * *
    (f) Spectrum Horizons experimental radio licenses. The licensee 
shall ensure that transmissions are in conformance with the 
requirements in subpart I of this part and that the station is operated 
only by persons duly authorized by the licensee.
0
15. Amend Sec.  5.115 by adding paragraph (d) to read as follows:


Sec.  5.115   Station identification.

* * * * *
    (d) Spectrum Horizons experimental radio licenses. Spectrum 
Horizons experimental radio licenses shall transmit identifying 
information sufficient to identify the license holder and the 
geographic coordinates of the station. This information shall be 
transmitted at the end of each complete transmission except that: this 
information is not required at the end of each transmission for 
projects requiring continuous, frequent, or extended use of the 
transmitting apparatus, if, during such periods and in connection with 
such use, the information is transmitted at least once every thirty 
minutes. The station identification shall be transmitted in clear voice 
or Morse code. All digital encoding and digital modulation shall be 
disabled during station identification.
0
16. Amend Sec.  5.121 by revising paragraph (a) to read as follows:


Sec.  5.121   Station record requirements.

    (a) For conventional, program, medical testing, compliance testing, 
and Spectrum Horizons experimental radio stations, the current original 
authorization or a clearly legible photocopy for each station shall be 
retained as a permanent part of the station records, but need not be 
posted. Station records are required to be kept for a period of at 
least one year after license expiration.
* * * * *
0
17. Add subpart I, consisting of Sec. Sec.  5.701 through 5.705, to 
read as follows:
Subpart I--Spectrum Horizons Experimental Radio Licenses
Sec.
5.701 Applicable rules.
5.702 Licensing requirement--necessary showing.
5.703 Responsible party.
5.704 Marketing of devices under Spectrum Horizons experimental 
radio licenses.
5.705 Interim report.

Subpart I--Spectrum Horizons Experimental Radio Licenses


Sec.  5.701   Applicable rules.

    In addition to the rules in this subpart, Spectrum Horizons 
experimental radio station applicants and licensees shall follow the 
rules in subparts B and C of this part. In case of any conflict between 
the rules set forth in this subpart and the rules set forth in subparts 
B and C of this part, the rules in this subpart shall govern.


Sec.  5.702   Licensing requirement--necessary showing.

    Each application must include a narrative statement describing in 
detail how its experiment could lead to the development of innovative 
devices and/or services on frequencies above 95 GHz. This statement 
must sufficiently explain the proposed new technology/potential new 
service and incorporate an interference analysis that explains why the 
proposed experiment would not cause harmful interference to any other 
spectrum user. The statement should include technical details, 
including the requested frequency band(s), maximum power, emission 
designators, area(s) of operation, type(s) of device(s) to be used, and 
the maximum number of each type of device to be used.


Sec.  5.703   Responsible party.

    (a) Each program experimental radio applicant must identify a 
single point of contact responsible for all experiments conducted under 
the license and ensuring compliance with all applicable FCC rules.
    (b) The responsible individual will serve as the initial point of 
contact for all matters involving interference resolution and must have 
the authority to discontinue any and all experiments being conducted 
under the license, if necessary.
    (c) The license application must include the name of the 
responsible individual and contact information at which the person can 
be reached at any time of the day; this information will be listed on 
the license. Licensees are required to keep this information current.


Sec.  5.704   Marketing of devices under Spectrum Horizons experimental 
radio licenses.

    Unless otherwise stated in the instrument of authorization, devices 
operating in accordance with a Spectrum Horizons experimental radio 
license may be marketed subject to the following conditions:
    (a) Marketing of devices (as defined in Sec.  2.803 of this 
chapter) and provision of services for hire is permitted before the 
radio frequency device has been authorized by the Commission, provided 
that the number of devices to be marketed shall be the minimum quantity 
of devices necessary to conduct the experiment as approved by the 
Commission.
    (b) Licensees are required to ensure that trial devices are either 
rendered inoperable or retrieved by them from trial participants at the 
conclusion of the trial. Licensees are required to notify

[[Page 13900]]

trial participants in advance that operation of the trial device is 
subject to this condition.
    (c) The size and scope of the experiment are subject to limitations 
as the Commission shall establish on a case-by-case basis. If the 
Commission subsequently determines that the experiment is not so 
limited, authorization shall be immediately terminated.


Sec.  5.705  Interim report.

    Licensee must submit to the Commission an interim progress report 5 
years after grant of its license.

PART 15--RADIO FREQUENCY DEVICES

0
18. 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
19. Amend Sec.  15.205 by revising paragraph (d)(4) to read as follows:


Sec.  15.205  Restricted bands of operation.

* * * * *
    (d) * * *
    (4) Any equipment operated under the provisions of Sec.  15.255, 
Sec.  15.256 in the frequency band 75-85 GHz, Sec.  15.257, or Sec.  
15.258 of this part.
* * * * *
0
20. Add Sec.  15.258 to subpart C to read as follows:


Sec.  15.258   Operation in the bands 122-123 GHz, 174.8-182 GHz, 185-
190 GHz and 244-246 GHz.

    (a)(1) Operation under the provisions of this section is not 
permitted for equipment used on satellites.
    (2) Operation on aircraft is permitted under the following 
conditions:
    (i) When the aircraft is on the ground.
    (ii) While airborne, only in closed exclusive on-board 
communication networks within the aircraft, with the following 
exceptions:
    (A) Equipment shall not be used in wireless avionics intra-
communication (WAIC) applications where external structural sensors or 
external cameras are mounted on the outside of the aircraft structure.
    (B) Equipment shall not be used on aircraft where there is little 
attenuation of RF signals by the body/fuselage of the aircraft. These 
aircraft include, but are not limited to, toy/model aircraft, unmanned 
aircraft, crop-spraying aircraft, aerostats, etc.
    (b) Emission levels within the 122-123 GHz, 174.8-182 GHz, 185-190 
GHz and 244-246 GHz bands shall not exceed the following equivalent 
isotropically radiated power (EIRP) as measured during the transmit 
interval:
    (1) The average power of any emission shall not exceed 40 dBm and 
the peak power of any emission shall not exceed 43 dBm; or
    (2) For fixed point-to-point transmitters located outdoors, the 
average power of any emission shall not exceed 82 dBm, and shall be 
reduced by 2 dB for every dB that the antenna gain is less than 51 dBi. 
The peak power of any emission shall not exceed 85 dBm, and shall be 
reduced by 2 dB for every dB that the antenna gain is less than 51 dBi.
    (i) The provisions in this paragraph for reducing transmit power 
based on antenna gain shall not require that the power levels be 
reduced below the limits specified in paragraph (b)(1) of this section.
    (ii) The provisions of Sec.  15.204(c)(2) and (4) that permit the 
use of different antennas of the same type and of equal or less 
directional gain do not apply to intentional radiator systems operating 
under this provision. In lieu thereof, intentional radiator systems 
shall be certified using the specific antenna(s) with which the system 
will be marketed and operated. Compliance testing shall be performed 
using the highest gain and the lowest gain antennas for which 
certification is sought and with the intentional radiator operated at 
its maximum available output power level. The responsible party, as 
defined in Sec.  2.909 of this chapter, shall supply a list of 
acceptable antennas with the application for certification.
    (3) The peak power shall be measured with an RF detector that has a 
detection bandwidth that encompasses the band of operation, e.g., 122-
123 GHz, 174.8-182 GHz, 185-190 GHz or 244-246 GHz, and that has a 
video bandwidth of at least 10 MHz. The average emission levels shall 
be measured over the actual time period during which transmission 
occurs.
    (c) Limits on spurious emissions:
    (1) The power density of any emissions outside the band of 
operation, e.g., 122-123 GHz, 174.8-182 GHz, 185-190 GHz or 244-246 
GHz, shall consist solely of spurious emissions.
    (2) Radiated emissions below 40 GHz shall not exceed the general 
limits in Sec.  15.209.
    (3) Between 40 GHz and 200 GHz, the level of these emissions shall 
not exceed 90 pW/cm\2\ at a distance of 3 meters.
    (4) The levels of the spurious emissions shall not exceed the level 
of the fundamental emission.
    (d) Except as specified paragraph (d)(1) of this section, the peak 
transmitter conducted output power shall not exceed 500 mW. Depending 
on the gain of the antenna, it may be necessary to operate the 
intentional radiator using a lower peak transmitter output power in 
order to comply with the EIRP limits specified in paragraph (b) of this 
section.
    (1) Transmitters with an emission bandwidth of less than 100 MHz 
must limit their peak transmitter conducted output power to the product 
of 500 mW times their emission bandwidth divided by 100 MHz. For the 
purposes of this paragraph, emission bandwidth is defined as the 
instantaneous frequency range occupied by a steady state radiated 
signal with modulation, outside which the radiated power spectral 
density never exceeds 6 dB below the maximum radiated power spectral 
density in the band, as measured with a 100 kHz resolution bandwidth 
spectrum analyzer. The center frequency must be stationary during the 
measurement interval, even if not stationary during normal operation 
(e.g., for frequency hopping devices).
    (2) Peak transmitter conducted output power shall be measured with 
an RF detector that has a detection bandwidth that encompasses the band 
of operation, e.g., 122-123 GHz, 174.8-182 GHz, 185-190 GHz or 244-246 
GHz, and that has a video bandwidth of at least 10 MHz.
    (3) For purposes of demonstrating compliance with this paragraph, 
corrections to the transmitter conducted output power may be made due 
to the antenna and circuit loss.
    (e) Frequency stability: 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.
    (f) Regardless of the power density levels permitted under this 
section, devices operating under the provisions of this section 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.
    (g) Any transmitter that has received the necessary FCC equipment 
authorization under the rules of this chapter may be mounted in a group

[[Page 13901]]

installation for simultaneous operation with one or more other 
transmitter(s) that have received the necessary FCC equipment 
authorization, without any additional equipment authorization. However, 
no transmitter operating under the provisions of this section may be 
equipped with external phase-locking inputs that permit beam-forming 
arrays to be realized.
    (h) Measurement procedures that have been found to be acceptable to 
the Commission in accordance with Sec.  2.947 of this chapter may be 
used to demonstrate compliance.

PART 101--FIXED MICROWAVE SERVICES

0
21. The authority citation for part 101 continues to read as follows:

    Authority:  47 U.S.C. 154 and 303.

0
22. Amend Sec.  101.63 by revising paragraph (b) to read as follows:


Sec.  101.63   Period of construction; certification of completion of 
construction.

* * * * *
    (b) For the 71-76 GHz, 81-86 GHz, 92-95 GHz, 95-100 GHz, 102-109.5 
GHz, 111.8-114.25 GHz, 122.25-123 GHz, 130-134 GHz, 141-148.5 GHz, 
151.5-158.5 GHz, 174.5-174.8 GHz, 231.5-232 GHz, and 240-241 GHz bands, 
the 12-month construction period will commence on the date of each 
registration of each individual link; adding links will not change the 
overall renewal period of the license.
* * * * *
0
23. Sec.  101.101 is amended by adding ten entries in numerical order 
to read as follows:


Sec.  101.101  Frequency availability.

----------------------------------------------------------------------------------------------------------------
                                                                 Radio service
                             -----------------------------------------------------------------------------------
                                                                                  Other (parts
    Frequency band (MHz)       Common carrier   Private radio      Broadcast       15, 21, 22,
                                 (part 101)       (part 101)    auxiliary (part  24, 25, 74, 78       Notes
                                                                      74)            & 100)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
95,000-100,000..............  CC.............  OFS............  ...............              25  F/M/TF.
102,000-109,500.............  CC.............  OFS............  ...............              25  F/M/TF.
111,800-114,250.............  CC.............  OFS............  ...............              25  F/M/TF.
122,250-123,000.............  CC.............  OFS............  ...............              25  F/M/TF.
130,000-134,000.............  CC.............  OFS............  ...............              25  F/M/TF.
141,000-148,500.............  CC.............  OFS............  ...............              25  F/M/TF.
151,500-158,500.............  CC.............  OFS............  ...............              25  F/M/TF.
174,500-174,800.............  CC.............  OFS............  ...............              25  F/M/TF.
231,500-232,000.............  CC.............  OFS............  ...............              25  F/M/TF.
240,000-241,000.............  CC.............  OFS............  ...............              25  F/M/TF.
----------------------------------------------------------------------------------------------------------------

* * * * *
0
24. Sec.  101.105 is amended by revising paragraphs (a)(5) introductory 
text and (c)(2)(i) and (ii) to read as follows:


Sec.  101.105   Interference protection criteria.

    (a) * * *
    (5) 71,000-76,000 MHz, 81,000-86,000 MHz, 102-109.5 GHz, 111.8-
114.25 GHz, 122.25-123 GHz, 130-134 GHz, 141-148.5 GHz, 151.5-158.5 
GHz, 174.5-174.8 GHz, 231.5-232 GHz, and 240-241 GHz bands. In these 
bands the following interference criteria shall apply:
* * * * *
    (c) * * *
    (2) * * *
    (i) Co-Channel Interference. Both side band and carrier-beat, 
applicable to all bands; the existing or previously authorized system 
must be afforded a carrier to interfering signal protection ratio of at 
least 90 dB, except in the 952-960 MHz band where it must be 75 dB, and 
in the 71-76 GHz, 81-86 GHz, 95-100 GHz, 102-109.5 GHz, 111.8-114.25 
GHz, 122.25-123 GHz, 130-134 GHz, 141-148.5 GHz, 151.5-158.5 GHz, 
174.5-174.8 GHz, 231.5-232 GHz, and 240-241 GHz bands where the 
criteria in paragraph (a)(5) of this section applies, and in the 
92,000-94,000 MHz and 94,100-95,000 MHz bands, where the criteria in 
paragraph (a)(6) of this section applies; or
    (ii) Adjacent Channel Interference. Applicable to all bands; the 
existing or previously authorized system must be afforded a carrier to 
interfering signal protection ratio of at least 56 dB, except in the 
71-76 GHz, 81-86 GHz, 95-100 GHz, 102-109.5 GHz, 111.8-114.25 GHz, 
122.25-123 GHz, 130-134 GHz, 141-148.5 GHz, 151.5-158.5 GHz, 174.5-
174.8 GHz, 231.5-232 GHz, and 240-241 GHz bands where the criteria in 
paragraph (a)(5) of this section applies, and in the 92-94 GHz and 94-
95 GHz bands, where the criteria in paragraph (a)(6) of this section 
applies.
* * * * *
0
25. Amend Sec.  101.107 by adding ten entries to the table in paragraph 
(a) in numerical order and revising footnote 8 to read as follows:


Sec.  101.107  Frequency tolerance.

    (a) * * *

------------------------------------------------------------------------
                                                             Frequency
                     Frequency (MHz)                         tolerance
                                                             (percent)
------------------------------------------------------------------------
 
                                * * * * *
95,000-100,000 \8\......................................  ..............
102,000-109,500 \8\.....................................  ..............
111,800-114,250 \8\.....................................  ..............
122,250-123,000 \8\.....................................  ..............
130,000-134,000 \8\.....................................  ..............
141,000-148,500 \8\.....................................  ..............
151,500-158,500 \8\.....................................  ..............
174,500-174,800 \8\.....................................  ..............
231,500-232,000 \8\.....................................  ..............
240,000-241,000 \8\.....................................  ..............
------------------------------------------------------------------------
* * * * *
\8\ Equipment authorized to be operated in the 71-76 GHz, 81-86 GHz, 92-
  95 GHz, 95-100 GHz, 102-109.5 GHz, 111.8-114.25 GHz, 122.25-123 GHz,
  130-134 GHz, 141-148.5 GHz, 151.5-158.5 GHz, 174.5-174.8 GHz, 231.5-
  232 GHz, and 240-241 GHz bands is exempt from the frequency tolerance
  requirement noted in the table of paragraph (a) of this section.

* * * * *
0
26. Amend Sec.  101.109 by adding ten entries to the table in paragraph 
(c) in numerical order to read as follows:


Sec.  101.109  Bandwidth.

* * * * *
    (c) * * *

------------------------------------------------------------------------
                                                              Maximum
                  Frequency band (MHz)                      authorized
                                                             bandwidth
------------------------------------------------------------------------
 
                                * * * * *
95,000 to 100,000.......................................           5 GHz

[[Page 13902]]

 
102,000 to 109,500......................................         7.5 GHz
111,800 to 114,250......................................        2.45 GHz
122,250 to 123,000......................................         750 MHz
130,000 to 134,000......................................           4 GHz
141,000 to 148,500......................................         7.5 GHz
151,500 to 158,500......................................         7.5 GHz
174,500 to 174,800......................................         300 MHz
231,500 to 232,000......................................         500 MHz
240,000 to 241,000......................................           1 GHz
------------------------------------------------------------------------

* * * * *
0
27. Amend Sec.  101.111 by revising paragraph (a)(2)(v) to read as 
follows:


Sec.  101.111  Emission limitations.

    (a) * * *
    (2) * * *
    (v) The emission mask for the 71-76 GHz, 81-86 GHz, 92-95 GHz, 95-
100 GHz, 102-109.5 GHz, 111.8-114.25 GHz, 122.25-123 GHz, 130-134 GHz, 
141-148.5 GHz, 151.5-158.5 GHz, 174.5-174.8 GHz, 231.5-232 GHz, and 
240-241 GHz bands used in the equation in paragraph (a)(2)(ii) of this 
section applies only to the edge of each channel, but not to sub-
channels established by licensees. The value of P in the equation is 
for the percentage removed from the carrier frequency and assumes that 
the carrier frequency is the center of the actual bandwidth used. The 
value of B will always be 500 MHz. In the case where a narrower sub-
channel is used within the assigned bandwidth, such sub-carrier will be 
located sufficiently far from the channel edges to satisfy the emission 
levels of the mask. The mean output power used in the calculation is 
the sum of the output power of a fully populated channel.
* * * * *
0
28. Amend Sec.  101.113 by adding ten entries to the table in paragraph 
(a) in numerical order to read as follows:


Sec.  101.113  Transmitter power limitations.

    (a) * * *

------------------------------------------------------------------------
                                   Maximum allowable EIRP [sup1] [sup2]
                                 ---------------------------------------
      Frequency band (MHz)          Fixed 1 2 (dBW)
                                                         Mobile (dBW)
------------------------------------------------------------------------
 
                              * * * * * * *
95,000-100,000..................  25 dBW/MHz........  25 dBW/MHz.
102,000-109,500.................  25 dBW/MHz........  25 dBW/MHz.
111,800-114,250.................  25 dBW/MHz........  25 dBW/MHz.
122,250-123,000.................  25 dBW/MHz........  25 dBW/MHz.
130,000-134,000.................  25 dBW/MHz........  25 dBW/MHz.
141,000-148,500.................  25 dBW/MHz........  25 dBW/MHz.
151,500-158,500.................  25 dBW/MHz........  25 dBW/MHz.
174,500-174,800.................  25 dBW/MHz........  25 dBW/MHz.
231,500-232,000.................  25 dBW/MHz........  25 dBW/MHz.
240,000-241,000.................  25 dBW/MHz........  25 dBW/MHz.
------------------------------------------------------------------------

* * * * *
0
29. Amend Sec.  101.115 by adding twenty entries to the table in 
paragraph (b) in numerical order and revising footnote 15 to read as 
follows:


Sec.  101.115   Directional antennas.

* * * * *
    (b) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Maximum                     Minimum radiation suppression to angle in degrees from
                                                                beam width                             centerline of main beam in decibels
                                                                 to 3 dB      Minimum  -----------------------------------------------------------------
           Frequency (MHz)                    Category          points \1\    antenna
                                                                (included   gain (dBi)   5[deg]  10[deg]  15[deg]  20[deg]   30[deg]  100[deg]  140[deg]
                                                                 angle in                  to       to       to       to       to        to        to
                                                                 degrees)               10[deg]  15[deg]  20[deg]  30[deg]  100[deg]  140[deg]  180[deg]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
95,000 to 100,000 (co-polar) \15\....  N/A...................          1.2          43       35       40       45       50       50        55        55
95,000 to 100,000 (cross-polar) \15\.  N/A...................          1.2          43       45       50       50       55       55        55        55
102,000 to 109,500 (co-polar) \15\...  N/A...................          1.2          43       35       40       45       50       50        55        55
102,000 to 109,500 (cross-polar) \15\  N/A...................          1.2          43       45       50       50       55       55        55        55
111,800 to 114,250 (co-polar) \15\...  N/A...................          1.2          43       35       40       45       50       50        55        55
111,800 to 114,250 (cross-polar) \15\  N/A...................          1.2          43       45       50       50       55       55        55        55
122,250 to 123,000 (co-polar) \15\...  N/A...................          1.2          43       35       40       45       50       50        55        55
122,250 to 123,000 (cross-polar) \15\  N/A...................          1.2          43       45       50       50       55       55        55        55
130,000 to 134,000 (co-polar) \15\...  N/A...................          1.2          43       35       40       45       50       50        55        55
130,000 to 134,000 (cross-polar) \15\  N/A...................          1.2          43       45       50       50       55       55        55        55
141,000 to 148,500 (co-polar) \15\...  N/A...................          1.2          43       35       40       45       50       50        55        55
141,000 to 148,500 (cross-polar) \15\  N/A...................          1.2          43       45       50       50       55       55        55        55
151,500 to 158,500 (co-polar) \15\...  N/A...................          1.2          43       35       40       45       50       50        55        55
151,500 to 158,500 (cross-polar) \15\  N/A...................          1.2          43       45       50       50       55       55        55        55
174,500 to 174,800 (co-polar) \15\...  N/A...................          1.2          43       35       40       45       50       50        55        55
174,500 to 174,800 (cross-polar) \15\  N/A...................          1.2          43       45       50       50       55       55        55        55
231,500 to 232,000 (co-polar) \15\...  N/A...................          1.2          43       35       40       45       50       50        55        55
231,500 to 232,000 (cross-polar) \15\  N/A...................          1.2          43       45       50       50       55       55        55        55
240,000 to 241,000 (co-polar) \15\...  N/A...................          1.2          43       35       40       45       50       50        55        55
240,000 to 241,000 (cross-polar) \15\  N/A...................          1.2          43       45       50       50       55       55        55        55
--------------------------------------------------------------------------------------------------------------------------------------------------------
 * * * * * * *
\15\ Antenna gain less than 50 dBi (but greater than or equal to 43 dBi) is permitted only with a proportional reduction in maximum authorized EIRP in a
  ratio of 2 dB of power per 1 dB of gain, so that the maximum allowable EIRP (in dBW/MHz) for antennas of less than 50 dBi gain becomes 25-2(50-G),
  where G is the antenna gain in dBi. In addition, antennas in these bands must meet two additional standards for minimum radiation suppression: At
  angles between 1.2 and 5 degrees from the centerline of the main beam, co-polar discrimination must be G-28, where G is the antenna gain in dBi; and
  at angles of less than 5 degrees from the centerline of main beam, cross-polar discrimination must be at least 25 dB.
 

[[Page 13903]]

 
 * * * * * * *

0
30. Amend Sec.  101.139 by revising paragraph (h) to read as follows:


Sec.  101.139   Authorization of transmitters.

* * * * *
    (h) 71-76 GHz; 81-86 GHz, 95-100 GHz, 102-109.5 GHz, 111.8-114.25 
GHz, 122.25-123 GHz, 130-134 GHz, 141-148.5 GHz, 151.5-158.5 GHz, 
174.5-174.8 GHz, 231.5-232 GHz, and 240-241 GHz. For equipment 
employing digital modulation techniques, the minimum bit rate 
requirement is 0.125 bit per second per Hz.
* * * * *
0
31. Amend Sec.  101.147 by adding ten entries to the list of frequency 
bands in paragraph (a) and revising the paragraph (z) subject heading 
and paragraph (z)(2) to read as follows:


Sec.  101.147  Frequency assignments.

    (a) * * *
    95,000,100,000 MHz
    102,000-109,500 MHz
    111,800-114,250 MHz
    122,250-123,000 MHz
    130,000-134,000 MHz
    141,000-148,500 MHz
    151,500-158,500 MHz
    174,500-174,800 MHz
    231,500-232,000 MHz
    240,000-241,000 MHz
* * * * *
    (z) 71-76 GHz, 81-86 GHz, 92-94 GHz, 94.1-95 GHz, 95-100 GHz, 102-
109.5 GHz, 111.8-114.25 GHz, 122.25-123 GHz, 130-134 GHz, 141-148.5 
GHz, 151.5-158.5 GHz, 174.5-174.8 GHz, 231.5-232 GHz, and 240-241 GHz.
* * * * *
    (2) Prior links shall be protected using the interference 
protection criteria set forth in Sec.  101.105. For transmitters 
employing digital modulation techniques and operating in the 71-76 GHz, 
81-86 GHz, 95-100 GHz, 102-109.5 GHz, 111.8-114.25 GHz, 122.25-123 GHz, 
130-134 GHz, 141-148.5 GHz, 151.5-158.5 GHz, 174.5-174.8 GHz, 231.5-232 
GHz, and 240-241 GHz bands, the licensee must construct a system that 
meets a minimum bit rate of 0.125 bits per second per Hertz of 
bandwidth. For transmitters that operate in the 92,000-94,000 MHz or 
94,100-95,000 MHz bands, licensees must construct a system that meets a 
minimum bit rate of 1.0 bit per second per Hertz of bandwidth. If it is 
determined that a licensee has not met these loading requirements, then 
the database will be modified to limit coordination rights to the 
spectrum that is loaded and the licensee will lose protection rights on 
spectrum that has not been loaded.

Subpart Q--Service and technical rules for the 70/80/90 GHz and 
above 95 GHz Bands

0
32. Amend subpart Q by revising the subpart heading to read as set 
forth above.
0
33. Revise Sec.  101.1501 to read as follows:


Sec.  101.1501   Service areas.

    The 71-76 GHz, 81-86 GHz, 92-95 GHz, 95-100 GHz, 102-109.5 GHz, 
111.8-114.25 GHz, 122.25-123 GHz, 130-134 GHz, 141-148.5 GHz, 151.5-
158.5 GHz, 174.5-174.8 GHz, 231.5-232 GHz, and 240-241 GHz bands are 
licensed on the basis of non-exclusive nationwide licenses. There is no 
limit to the number of non-exclusive nationwide licenses that may be 
granted for these bands, and these licenses will serve as a 
prerequisite for registering individual links.
0
34. Amend Sec.  101.1505 by adding paragraph (c) to read as follows:


Sec.  101.1505   Segmentation plan.

* * * * *
    (c) An entity may request any portion of the 95-100 GHz, 102-109.5 
GHz, 111.8-114.25 GHz, 122.25-123 GHz, 130-134 GHz, 141-148.5 GHz, 
151.5-158.5 GHz, 174.5-174.8 GHz, 231.5-232 GHz, and 240-241 GHz bands.
0
35. Revise Sec.  101.1507 to read as follows:


Sec.  101.1507   Permissible operations.

    Licensees may use the 71-76 GHz, 81-86 GHz, 92-95 GHz, 95-100 GHz, 
102-109.5 GHz, 111.8-114.25 GHz, 122.25-123 GHz, 130-134 GHz, 141-148.5 
GHz, 151.5-158.5 GHz, 174.5-174.8 GHz, 231.5-232 GHz, and 240-241 GHz 
bands for any point-to-point, non-broadcast service. The segments may 
be unpaired or paired, but pairing will be permitted only in a 
standardized manner (e.g., 71-72.25 GHz may be paired only with 81-
82.25 GHz, and so on). The segments may be aggregated without limit.
0
36. Amend Sec.  101.1523 by revising paragraph (a) to read as follows:


Sec.  101.1523   Sharing and coordination among non-Government 
licensees and between non-Government and Government services.

    (a) Registration of each link in the 71-76 GHz, 81-86 GHz, 92-95 
GHz, 95-100 GHz, 102-109.5 GHz, 111.8-114.25 GHz, 122.25-123 GHz, 130-
134 GHz, 141-148.5 GHz, 151.5-158.5 GHz, 174.5-174.8 GHz, 231.5-232 
GHz, and 240-241 GHz bands will be in the Universal Licensing System 
until the Wireless Telecommunications Bureau announces by public notice 
the implementation of a third-party database.
* * * * *
0
37. Revise Sec.  101.1525 to read as follows:


Sec.  101.1525   RF safety.

    Licensees in the 71-76 GHz, 81-86 GHz, 92-95 GHz, 95-100 GHz, 102-
109.5 GHz, 111.8-114.25 GHz, 122.25-123 GHz, 130-134 GHz, 141-148.5 
GHz, 151.5-158.5 GHz, 174.5-174.8 GHz, 231.5-232 GHz, and 240-241 GHz 
bands are subject to the exposure requirements found in Sec. Sec.  
1.1307(b), 2.1091 and 2.1093 of this chapter, and will use the 
parameters found therein.
0
38. Amend Sec.  101.1527 by revising paragraph (a) and paragraph (b) 
introductory text to read as follows:


Sec.  101.1527  Canadian and Mexican coordination.

    (a) A licensee of bands 71-76 GHz, 81-86 GHz, 92-95 GHz, 95-100 
GHz, 102-109.5 GHz, 111.8-114.25 GHz, 122.25-123 GHz, 130-134 GHz, 141-
148.5 GHz, 151.5-158.5 GHz, 174.5-174.8 GHz, 231.5-232 GHz, and 240-241 
GHz must comply with Sec.  1.928(f) of this chapter, which pertains to 
coordination with Canada.
    (b) A licensee of bands 71-76 GHz, 81-86 GHz, 92-95 GHz, 95-100 
GHz, 102-109.5 GHz, 111.8-114.25 GHz, 122.25-123 GHz, 130-134 GHz, 141-
148.5 GHz, 151.5-158.5 GHz, 174.5-174.8 GHz, 231.5-232 GHz, and 240-241 
GHz must coordinate with Mexico in the following situations:
* * * * *

[FR Doc. 2018-06179 Filed 3-30-18; 8:45 am]
 BILLING CODE 6712-01-P



                                                 13888                     Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Proposed Rules

                                                 § 39.13   [Amended]                                     paragraph (g) of this AD, no alternative                Issued in Des Moines, Washington, on
                                                 ■ 2. The FAA amends § 39.13 by adding                   actions (e.g., inspections) or intervals may be       March 22, 2018.
                                                 the following new airworthiness                         used unless the actions and intervals are             Michael Kaszycki,
                                                 directive (AD):                                         approved as an alternative method of                  Acting Director, System Oversight Division,
                                                                                                         compliance (AMOC) in accordance with the              Aircraft Certification Service.
                                                 Airbus: Docket No. FAA–2018–0168; Product               procedures specified in paragraph (j)(1) of
                                                     Identifier 2017–NM–135–AD.                                                                                [FR Doc. 2018–06590 Filed 3–30–18; 8:45 am]
                                                                                                         this AD.
                                                                                                                                                               BILLING CODE 4910–13–P
                                                 (a) Comments Due Date                                   (i) Terminating Action for AD 2017–19–24
                                                   We must receive comments by May 17,                     Accomplishing the actions required by this
                                                 2018.
                                                                                                         AD terminates all requirements of AD 2017–
                                                 (b) Affected ADs                                        19–24.                                                FEDERAL COMMUNICATIONS
                                                   This AD affects AD 2017–19–24,                        (j) Other FAA AD Provisions
                                                                                                                                                               COMMISSION
                                                 Amendment 39–19054 (82 FR 44900,
                                                 September 27, 2017) (‘‘AD 2017–19–24’’).                  The following provisions also apply to this         47 CFR Parts 1, 2, 5, 15, and 101
                                                                                                         AD:
                                                 (c) Applicability                                         (1) Alternative Methods of Compliance
                                                                                                                                                               [GN Docket No. 18–21, RM–11795; FCC 18–
                                                    This AD applies to the Airbus airplanes              (AMOCs): The Manager, International
                                                                                                                                                               17]
                                                 identified in paragraphs (c)(1) through (c)(4)          Section, Transport Standards Branch, FAA,
                                                 of this AD, certificated in any category, with          has the authority to approve AMOCs for this
                                                 an original certificate of airworthiness or
                                                                                                                                                               Spectrum Horizons
                                                                                                         AD, if requested using the procedures found
                                                 original export certificate of airworthiness            in 14 CFR 39.19. In accordance with 14 CFR            AGENCY:  Federal Communications
                                                 issued on or before April 6, 2017.                      39.19, send your request to your principal
                                                    (1) Model A318–111, –112, –121, and –122                                                                   Commission.
                                                                                                         inspector or local Flight Standards District
                                                 airplanes.                                              Office, as appropriate. If sending information        ACTION: Proposed rule.
                                                    (2) Model A319–111, –112, –113, –114,                directly to the International Section, send it
                                                 –115, –131, –132, and –133 airplanes.
                                                                                                         to the attention of the person identified in          SUMMARY:    In this document, the Federal
                                                    (3) Model A320–211, –212, –214, –216,                                                                      Communications Commission
                                                                                                         paragraph (k)(2) of this AD. Information may
                                                 –231, –232, –233, –251N, and –271N                                                                            (Commission) seeks comment on
                                                 airplanes.                                              be emailed to: 9-ANM-116-AMOC-
                                                                                                         REQUESTS@faa.gov. Before using any                    proposed rules to permit licensed fixed
                                                    (4) Model A321–111, –112, –131, –211,
                                                 –212, –213, –231, –232, –251N, –253N, and               approved AMOC, notify your appropriate                point-to-point operations in a total of
                                                 –271N airplanes.                                        principal inspector, or lacking a principal           102.2 gigahertz of spectrum; on making
                                                                                                         inspector, the manager of the local flight            15.2 gigahertz of spectrum available for
                                                 (d) Subject                                             standards district office/certificate holding         unlicensed use; and on creating a new
                                                   Air Transport Association (ATA) of                    district office.                                      category of experimental licenses to
                                                 America Code 05, Time Limits/Maintenance                  (2) Contacting the Manufacturer: For any            increase opportunities for entities to
                                                 Checks.                                                 requirement in this AD to obtain corrective           develop new services and technologies
                                                 (e) Reason                                              actions from a manufacturer, the action must          from 95 GHz to 3 THz with no limits on
                                                                                                         be accomplished using a method approved
                                                    This AD was prompted by a revision of an                                                                   geography or technology. The
                                                                                                         by the Manager, International Section,
                                                 airworthiness limitations document that                 Transport Standards Branch, FAA; or the
                                                                                                                                                               Commission also granted, in part, two
                                                 specifies more restrictive maintenance                                                                        petitions for rulemaking and denied two
                                                                                                         European Aviation Safety Agency (EASA); or
                                                 requirements and airworthiness limitations.                                                                   requests for waiver.
                                                 We are issuing this AD to mitigate the risks            Airbus’s EASA Design Organization
                                                 associated with the effects of aging on                 Approval (DOA). If approved by the DOA,               DATES: Comments are due May 2, 2018.
                                                 airplane systems. Such effects could change             the approval must include the DOA-                    Reply comments are due May 17, 2018.
                                                 system characteristics, leading to an                   authorized signature.
                                                                                                                                                               FOR FURTHER INFORMATION CONTACT:
                                                 increased potential for failure of certain life-        (k) Related Information                               Michael Ha, Office of Engineering and
                                                 limited parts, and reduced structural
                                                 integrity or controllability of the airplane.              (1) Refer to Mandatory Continuing                  Technology, 202–418–2099,
                                                                                                         Airworthiness Information (MCAI) EASA                 Michael.Ha@fcc.gov.
                                                 (f) Compliance                                          Airworthiness Directive 2017–0170, dated              SUPPLEMENTARY INFORMATION: This is a
                                                    Comply with this AD within the                       September 7, 2017, for related information.           summary of the Commission’s Notice of
                                                 compliance times specified, unless already              This MCAI may be found in the AD docket               Proposed Rulemaking, ET Docket No.
                                                 done.                                                   on the internet at http://www.regulations.gov         18–21, RM–11795, FCC 18–17, adopted
                                                 (g) Revision of Maintenance or Inspection               by searching for and locating Docket No.
                                                                                                                                                               February 22, 2018, and released
                                                 Program                                                 FAA–2018–0168.
                                                                                                            (2) For more information about this AD,            February 28, 2018. The full text of this
                                                    Within 90 days after the effective date of           contact Sanjay Ralhan, Aerospace Engineer,            document is available for inspection
                                                 this AD, revise the maintenance or inspection           International Section, Transport Standards            and copying during normal business
                                                 program, as applicable, to incorporate Airbus           Branch, FAA, 2200 South 216th St., Des                hours in the FCC Reference Center
                                                 A318/A319/A320/A321 Airworthiness                                                                             (Room CY–A257), 445 12th Street SW,
                                                                                                         Moines, WA 98198; telephone and fax 206–
                                                 Limitations Section (ALS) Part 4, ‘‘System
                                                 Equipment Maintenance Requirements
                                                                                                         231–3223.                                             Washington, DC 20554. The full text
                                                                                                            (3) For service information identified in          may also be downloaded at: https://
                                                 (SEMR),’’ Revision 05, dated April 6, 2017.
                                                 The initial compliance time for doing the               this AD, contact Airbus, Airworthiness                transition.fcc.gov/Daily_Releases/Daily_
                                                 revised actions is at the applicable time               Office—EIAS, 1 Rond Point Maurice                     Business/2018/db0228/FCC-18-
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 specified in Airbus A318/A319/A320/A321                 Bellonte, 31707 Blagnac Cedex, France;                17A1.pdf. People with Disabilities: To
                                                 Airworthiness Limitations Section (ALS) Part            telephone +33 5 61 93 36 96; fax +33 5 61
                                                                                                                                                               request materials in accessible formats
                                                 4, ‘‘System Equipment Maintenance                       93 44 51; email account.airworth-eas@
                                                                                                         airbus.com; internet http://www.airbus.com.
                                                                                                                                                               for people with disabilities (braille,
                                                 Requirements (SEMR),’’ Revision 05, dated                                                                     large print, electronic files, audio
                                                 April 6, 2017.                                          You may view this service information at the
                                                                                                         FAA, Transport Standards Branch, 2200                 format), send an email to fcc504@fcc.gov
                                                 (h) No Alternative Actions or Intervals                 South 216th St., Des Moines, WA. For                  or call the Consumer & Governmental
                                                   After the maintenance or inspection                   information on the availability of this               Affairs Bureau at 202–418–0530 (voice),
                                                 program has been revised as required by                 material at the FAA, call 206–231–3195.               202–418–0432 (tty).


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                                                                           Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Proposed Rules                                           13889

                                                 Synopsis                                                in the way of specific proposed rules or              wireless technologies. The Commission
                                                    1. Background. The Commission                        technical analyses, likely due to the                 tentatively concludes that finding new
                                                 focuses the Notice on providing                         general nature of the questions about                 ways to promote the development of
                                                 licensed and unlicensed spectrum use                    these bands posed by the Further                      bands above 95 GHz will also serve the
                                                 opportunities in the 95 GHz to 275 GHz                  Notice. While parties are welcome to                  public interest. Moreover, a review of
                                                 range, with additional provisions for                   reprise their observations and                        academic publications indicates that the
                                                 experimental licensing up to 3000 GHz                   recommendations to the extent that they               demand for wireless data will continue
                                                 in a manner that would not foreclose                    remain relevant, the Commission also                  to expand.
                                                 future federal and non-federal access to                encourages commenters to react to the                    6. Licensed service. The Commission
                                                 opportunities and technologies. The                     specific objectives, proposals, and draft             seeks comment on whether to adopt
                                                                                                         rules that the Commission describes in                rules for fixed point-to-point operations
                                                 frequencies in the 95 GHz to 275 GHz
                                                                                                         greater detail herein.                                in the 95–100 GHz, 102–109.5 GHz,
                                                 range are allocated for federal
                                                                                                            3. Experimental licenses, petitions                111.8–114.25 GHz, 122.25–123 GHz,
                                                 government and non-federal
                                                                                                         and other requests. A review of our                   130–134 GHz, 141–148.5 GHz, 151.5–
                                                 government use across multiple services
                                                                                                         licensing database indicates that there               158.5 GHz, 174.5–174.8 GHz, 231.5–232
                                                 on a co-primary basis, while the
                                                                                                         are currently eleven active experimental              GHz, and 240–241 GHz bands based on
                                                 frequencies above 275 GHz are not
                                                                                                         licenses for spectrum above 95 GHz.                   the rules currently in place for the 70/
                                                 allocated. Because the Commission
                                                                                                         The Commission has also received                      80/90 GHz band. In addition, the
                                                 presently has no licensed service rules
                                                                                                         petitions and waiver requests to enable               Commission also seeks comment on
                                                 in these bands, and these bands are
                                                                                                         spectrum use above 95 GHz on a non-                   applying these rules to several other
                                                 currently ‘‘restricted’’ under the part 15              experimental basis. Battelle Memorial                 frequency bands above 95 GHz that may
                                                 rules for unlicensed devices, there is                  Institute, Inc. (Battelle) filed a petition           be suitable for licensed fixed operations,
                                                 limited Commission-authorized use                       for rulemaking in February 2014 asking                including 158.5–164 GHz, 167–174.5
                                                 above 95 GHz, other than for                            the Commission to adopt service rules                 GHz, 191.8–200 GHz, 209–226 GHz,
                                                 experimental and amateur radio                          for non-federal fixed use of the 102–                 232–235 GHz, 238–240 GHz, and 252–
                                                 operations. In developing our proposals,                109.5 GHz band. McKay Brothers, LLC,                  275 GHz. The Commission also inquires
                                                 the Commission therefore draws from                     which holds a nationwide, non-                        into whether mobile operations may be
                                                 many inputs, including the present use                  exclusive license in the 70/80/90 GHz                 appropriate for any bands above 95 GHz
                                                 of the band, our prior inquiries seeking                bands, seeks a waiver to enable its                   with mobile allocations.
                                                 information on potential use of this                    Geneva Communications subsidiary to                      7. Fixed Point-to-Point Services:
                                                 spectrum (including adjacent and                        operate in the band. Additionally, ZenFi              Based on the propagation properties of
                                                 nearby frequencies that can serve as                    Networks, Inc. (ZenFi), which also                    the spectrum the Commission believes
                                                 useful comparisons), recent technical                   holds a 70/80/90 GHz license, seeks a                 that large portions of the spectrum in
                                                 and international developments, our                     waiver of our part 101 rules to permit                the 95–275 GHz range are potentially
                                                 analysis of the engineering issues and                  use of the 102–109.5 GHz band in a                    suitable for deploying fixed point-to-
                                                 propagation characteristics associated                  number of cities under the 70/80/90                   point links. While the Commission has
                                                 with the use of these frequencies, and                  GHz band rules.                                       no intention of changing the current
                                                 applications for experimental licenses                     4. IEEE–USA submitted a request for                allocations of any of this spectrum, the
                                                 and rulemaking petitions that the                       the Commission to make a declaratory                  Commission notes that there are
                                                 Commission has received. Our proposed                   ruling that any application for use of                numerous bands below 275 GHz that are
                                                 approach is intended to provide                         technology above 95 GHz is presumed                   already allocated for the fixed service.
                                                 incentives and opportunities for                        to be a ‘‘new technology’’ under section              Consequently, the Commission seeks
                                                 investment in the development of                        7 of the Communications Act of 1934,                  comment on proposed rules for fixed
                                                 innovative new technologies and                         and is thus subject to the one-year                   point-to-point operations in 36 gigahertz
                                                 services while remaining cognizant of                   timeframe for determining whether the                 of spectrum in the 95–100 GHz, 102–
                                                 the flexible international, federal and                 proposal is in the public interest. IEEE–             109.5 GHz, 111.8–114.25 GHz, 122.25–
                                                 non-federal allocations, and the already                USA also requests that the Commission                 123 GHz, 130–134 GHz, 141–148.5 GHz,
                                                 extensive and planned passive uses of                   declare that, if it finds a proposal to use           151.5–158.5 GHz, 174.5–174.8 GHz,
                                                 these bands. Developing rules in these                  above 95 GHz spectrum is in the public                231.5–232 GHz, and 240–241 GHz
                                                 bands serves the public interest; not                   interest, it will adopt rules that enable             bands based on the 70/80/90 GHz rules.
                                                 only can it lead to new and novel                       provisioning of that new technology or                These ‘‘proposed fixed bands’’ are all
                                                 communications opportunities in an                      service within a one-year period. James               the bands below 275 GHz with a fixed
                                                 uncrowded frequency range, it could                     Whedbee, in a petition for rulemaking,                service allocation that are not shared
                                                 also pay dividends by reducing                          asks us to create a rule for operation of             with either the FSS or MSS. Below, the
                                                 pressures in lower parts of the                         unlicensed intentional radiator devices               Commission seeks comment on whether
                                                 spectrum. The Commission also                           in the 95–1,000 GHz band. Whedbee                     it should also include the bands shared
                                                 recognizes that all the potential services              states that his proposed rule is identical            with the FSS or MSS in our proposal.
                                                 and devices that might be developed in                  in most respects to those used for other              The Commission also believes that the
                                                 this spectrum are not yet known. Thus,                  Extremely High Frequency (30–300                      70/80/90 GHz rules in place since 2003,
                                                 while the Commission proposes a wide                    GHz) bands regulated under part 15.                   which have proven effective in
                                                 range of expanded licensed, unlicensed                  The Commission has yet to take action                 efficiently providing access to spectrum
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 and experimental use opportunities                      on these various petitions or waiver                  in that frequency range, provide a useful
                                                 now, the Commission also leaves room                    requests.                                             model for the rules contemplated here.
                                                 to enable future federal and non-federal                   5. Discussion. Given the growth in                 The propagation characteristics and
                                                 access opportunities and technologies.                  interest in millimeter wave spectrum,                 technical rules associated with the 70/
                                                    2. Several parties filed comments in                 the Commission believes it is now                     80/90 GHz frequencies allow for the
                                                 the Spectrum Frontiers docket regarding                 appropriate to make spectrum above 95                 sharing of spectrum by multiple users in
                                                 the spectrum above 95 GHz.                              GHz more readily available for the                    close geographic proximity, as the
                                                 Commenters nevertheless offered little                  deployment of fixed and mobile                        Commission contemplates would be the


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                                                 13890                     Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Proposed Rules

                                                 case with the above 95 GHz frequencies                  eligibility requirements of § 101.7                   spectrum or to avoid harmful
                                                 proposed here. The 70/80/90 GHz rules                   (foreign ownership).                                  interference? Should a higher EIRP be
                                                 also allow for sharing with federal users                  • Coordination with Mexico or                      permitted to compensate for the
                                                 and the protection of radio astronomy                   Canada is required for certain stations               atmospheric attenuation at these higher
                                                 that shares many of these bands, which                  located near the borders.                             frequencies? The Commission notes that
                                                 the Commission anticipates would also                   The Commission seeks comment                          Battelle has suggested an EIRP of 70
                                                 be important for the use of the bands                   generally on adopting these rules for the             dBW in their rulemaking petition,
                                                 contemplated in this proceeding.                        identified fixed bands and discusses in               which would be 31.25 dBW/MHz if
                                                    8. The Commission seeks comment on                   more detail below some aspects of these               spread evenly across the 102–109.5 GHz
                                                 draft rules for the proposed fixed bands,               proposed rules. Should identical rules                band, claiming that the 70/80/90 GHz
                                                 which would be mostly identical to the                  be adopted for each of the individual                 bands suffers from limited range and
                                                 rules for the 70/80/90 GHz bands                        bands or should the rules be adjusted                 operating availability during severe
                                                 contained in part 101. Briefly                          for the characteristics of each band?                 weather and that there will be
                                                 summarizing, both sets of rules provide                    9. Certain rules for the 70/80/90 GHz              additional atmospheric attenuation in
                                                 that:                                                   band contained in part 101 are different              the 102–109.5 GHz band. Should the
                                                    • The Commission will issue non-                     for the 70/80 GHz bands as opposed to                 Commission segment any of the
                                                 exclusive nationwide licenses for ten-                  the 90 GHz band. For example,                         proposed bands as the Commission did
                                                 year terms.                                             transmitters in the 90 GHz band are                   for the 90 GHz band? What
                                                    • Each fixed point-to-point link must                required to have an antenna gain of 50                segmentation would be appropriate?
                                                 be registered through a link registration               dBi while in the 70/80 GHz band the                   Would a specific channel plan be
                                                 system maintained by a database                         limit is only 43 dBi. The 90 GHz band                 appropriate in any of the bands? Do the
                                                 manager. An interference analysis for                   also has an additional interference                   rules provide a workable framework for
                                                 the link must be submitted to the                       protection requirement that a new link                protecting radio astronomy facilities and
                                                 database manager when registering the                   must not decrease an existing link’s                  federal operations in the band? Are
                                                 link.                                                   desired to undesired signal ratio below               there any modifications to the proposed
                                                    • The licensee must apply to the                     36 dB. Digital systems in the 90 GHz                  rules that would be necessary to address
                                                 Commission for coordination of a link                   band are required to have a bit rate of               any of the characteristics of the
                                                 if: (1) The link receives a ‘‘yellow light’’            1 bit/second/Hz instead of 0.125 bits/                proposed fixed bands?
                                                 from NTIA’s automated mechanism as                      second/Hz in the 70/80 GHz bands. In                     13. Do the antenna gain requirements
                                                 part of the registration process; (2) it                these instances where the current rules               for the 70/80/90 GHz bands strike an
                                                 requires an environmental assessment;                   vary, the Commission seeks comment                    appropriate balance between facilitating
                                                 (3) it requires international                           on whether to adopt the 70/80 GHz                     sharing of the spectrum and providing
                                                 coordination; or (4) it operates in a quiet             rules                                                 flexibility? Do the proposed rules need
                                                 zone.                                                      10. Under the 70/80/90 GHz rules, the              to be modified to allow for the use of
                                                    • An applicant may request a license                 transmitted power is limited to 55 dBW                small planar or phased array antennas?
                                                 for any portion of any band.                            irrespective of the bandwidth of the                     14. Should the Commission make
                                                    • Interference protection is granted to              signal. Under the Commission’s                        provisions in the rules for fixed point-
                                                 the first-in-time registered non-federal                proposal, licensees will be limited to a              to-multipoint systems in addition to
                                                 link. Existing digital links are protected              maximum EIRP of 25 dBW/MHz, which                     point-to-point links? For example, could
                                                 to a threshold-to-interference ratio (T/I)              is equivalent to the 75 decibel                       the Commission allow licensees to
                                                 level of 1.0 dB of degradation to the                   milliwatts per 100 megahertz (75 dBm/                 register operations in an area around a
                                                 static threshold. Existing analog links                 100 MHz) EIRP limit the Commission                    fixed location instead of requiring
                                                 shall not experience more than a 1.0 dB                 recently adopted for base stations in our             registration of individual links as
                                                 degradation of the baseband signal-to-                  part 30 rules. The Commission seeks                   required by the 70/80/90 GHz rules?
                                                 noise ratio required to produce an                      comment on this proposal; would                       This would enable a licensee to
                                                 acceptable signal in the receiver.                      another EIRP be more appropriate?                     establish an access point/base station
                                                    • Construction of links must be                         11. Can and should the Commission                  that serves a number of fixed customer
                                                 completed within 12 months of link                      require or invite the current 70/80/90                locations in the surrounding area. The
                                                 registration.                                           GHz database managers to extend their                 access point/base station would be
                                                    • Transmitters may operate at a                      duties to additional bands above 95 GHz               permitted to operate with multiple
                                                 maximum Equivalent Isotropically                        or should WTB identify one or more                    beams where each beam must abide by
                                                 Radiated Power (EIRP) of 25 decibel                     database managers for these bands                     the power limits the Commission is
                                                 watts per megahertz (dBW/MHz).                          through an independent process? Is the                adopting, but the sum of the power of
                                                    • Transmitters must have a minimum                   requirement that licensees submit an                  all the beams could be higher. What are
                                                 antenna gain of 43 decibels (isotropic)                 interference analysis to the database                 the advantages or disadvantages of such
                                                 (dBi) with a half-power beamwidth of                    manager when registering a link                       a proposal? The Commission envisions
                                                 1.2 degrees, but the maximum EIRP is                    necessary to prevent interference given               that the area served by an access/point
                                                 reduced by 2 decibels for each decibel                  the propagation characteristics above 95              base station would be small. What size
                                                 the antenna gain is less than 50 dBi.                   GHz?                                                  area could an access point/base station
                                                    • Out-of-band emissions are limited                     12. The Commission seeks comment                   serve given the propagation properties
                                                 as specified in § 101.111 of our rules for              generally on extending the 70/80/90                   of these bands? Would allowing such
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                                                 signals above 24 GHz with the value of                  GHz service and technical rules to the                point-to-multipoint systems require a
                                                 B (bandwidth) set for 500 megahertz.                    proposed fixed bands. Should any of the               higher degree of coordination with other
                                                    • Systems using digital modulation                   proposed rules be modified for bands                  licensees or Federal operations to
                                                 must have a minimum bit rate of 0.125                   above 95 GHz based on licensees’                      prevent harmful interference from
                                                 bits/second/Hz.                                         experiences with the 70/80/90 GHz                     occurring? Should the area that is
                                                    • Licensees may provide service on                   rules or for other reasons? Are                       reserved around a particular access
                                                 either a common carrier or non-common                   modifications to the rules needed to                  point/base station depend on the
                                                 carrier basis and are subject to the                    encourage more efficient use of                       technical parameters of the access point


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                                                                           Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Proposed Rules                                          13891

                                                 such its transmit power and antenna                     GHz bands have shared allocations.                    interference to the EESS and SRS.
                                                 height and characteristics of the                       Sometimes, without specific guidance,                 Limitations on power or the number and
                                                 surrounding environment such as                         such allocations convey a perception                  locations of devices may be appropriate
                                                 terrain and structures? Because the                     that when two or more primary services                mitigation techniques that would not
                                                 access point/base station may use                       are listed in the U.S. Table, later-                  necessarily restrict the transmission
                                                 dynamically steerable antenna arrays to                 licensed or authorized federal or non-                ranges of services such as terahertz
                                                 point at particular customer locations as               federal operations would be expected to               WLANs or fixed backhaul links to the
                                                 needed, would it make sense to allow                    protect the earlier-licensed or                       point they are unworkable. Are there
                                                 licensees to specify their coverage areas               authorized operations. However, to                    specific environmental propagation
                                                 as a probability density function that                  avoid any mistaken perceptions and in                 models the Commission should
                                                 describes the relative likelihood of                    light of the unique physical                          consider when contemplating allowing
                                                 pointing in a particular direction? By                  characteristics in these bands, the                   shared services with EESS and SRS?
                                                 specifying coverage areas in terms of                   Commission seeks comment below on                     Should additional environmental
                                                 probably density functions, the coverage                adopting a new U.S. footnote in the                   characteristics, for example via building
                                                 areas of different licensees could                      table of allocations that would clarify               or other forms of clutter model, be
                                                 overlap to allow a means of sharing the                 that, among co-primary federal and non-               considered? The Commission seeks
                                                 spectrum on a statistical basis. Do                     federal services, first-in-time does not              comment on the harmful interference
                                                 commenters agree with this assessment?                  necessarily mean priority relative to                 criteria for satellite passive remote
                                                    15. While the Commission did not                     other current or future licensed or                   sensing, as well as any published
                                                 include the above 95 GHz bands that are                 unlicensed uses.                                      studies or recommendations that may be
                                                 allocated for the FSS or MSS in the                        19. Sharing with the RAS. RAS                      relevant in assessing sharing with
                                                 above discussion, the Commission notes                  operations in this region of the spectrum             satellite passive remote sensors. Are
                                                 that satellite services successfully share              are limited to certain locations. For this            there methodologies the Commission
                                                 spectrum with terrestrial services in                   reason, the Commission believes that                  should adopt into its rules that could
                                                 many bands. Therefore, the Commission                   excluding fixed and mobile stations                   mitigate interference to EESS and SRS
                                                 seeks comment on extending our above                    from these localities would provide                   services caused by new users of above
                                                 proposal based on the 70/80/90 GHz                      adequate protection for incumbent                     95 GHz spectrum? What is the best way
                                                 rules to permit fixed operations in one                 operations. U.S. footnote 161 includes a              of predicting atmospheric attenuation
                                                 or more of the following additional                     list of RAS locations operating in the                (including losses from rain, etc.),
                                                 bands that are allocated for either the                 bands 81–86 GHz, 92–94 GHz, and                       particularly in the bands beyond the 1
                                                 FSS or the MSS in addition to the fixed                 94.1–95 GHz that are protected from                   THz limit of the International
                                                 and mobile services: 158.5–164 GHz,                     fixed stations by the use of coordination             Telecommunication Union (ITU)
                                                 167–174.5 GHz, 191.8–200 GHz, 209–                      distances. The Commission seeks                       recommendation on attenuation by
                                                 226 GHz, 232–235 GHz, 238–240 GHz,                      comment as to whether a similar                       atmospheric gases, ITU–R P676–11? Are
                                                 and 252–275 GHz. What changes, if any,                  approach would adequately protect RAS                 there other assumptions that must be
                                                 to our proposed rules would be                          operations in the bands above 95 GHz.                 considered in ensuring interference
                                                 necessary to permit fixed operations in                 Does this list reflect RAS operations that            protected operation for passive sensors
                                                 these bands?                                            currently exist or are anticipated above              in the EESS and SRS?
                                                    16. Alternatively, should the                        95 GHz, or should the Commission                         22. Sharing with the FSS, MSS, and
                                                 Commission instead adopt the licensing                  modify it to add or eliminate certain                 ISS. The 158.5–164 GHz, 167–174.5
                                                 and prior coordination requirement                      locations? Given that the propagation                 GHz, 209–226 GHz, 232–235 GHz, 238–
                                                 used in many bands subject to our part                  losses in the bands above 95 GHz are                  240 GHz, and 265–275 GHz bands have
                                                 101 rules. Under such an approach,                      higher than the bands identified in                   shared allocations with the FSS. The
                                                 links would be individually licensed                    US161, should the coordination                        Commission expects that sharing
                                                 and the Commission would require that                   distances be adjusted accordingly?                    between the MS service and the FSS
                                                 the links be coordinated with the                          20. The Commission notes that                      service would be similar to the lower
                                                 licensee of other potentially affected                  footnote US246 prohibits all                          frequency bands under the new part 30
                                                 links prior to application for a license?               transmissions in a number of bands                    rules. The Commission seeks comment
                                                 Are there any other models for licensing                above 95 GHz to protect passive services              on how the Upper Microwave Flexible
                                                 that the Commission should consider                     such as the RAS and EESS (passive).                   Use Service (UMFUS) rules could be
                                                 for these bands?                                        Footnote US74 specifies that radio                    used to facilitate sharing between the
                                                    17. Mobile Services: The Commission                  astronomy observatories operating in                  MS and FSS in the above 95 GHz bands.
                                                 seeks comment generally on the                          most of the frequency bands listed in                 How can interference be avoided
                                                 deployment of mobile services in this                   US246 will be protected from unwanted                 between mobile stations and satellite
                                                 spectrum. Would there be significant                    emissions from other stations only to                 operations? Could exclusion zones or
                                                 interest in implementing mobile                         the extent the emissions exceed what                  coordination be used to prevent
                                                 services here? Given the propagation                    would be permitted under the technical                interference? Would designating
                                                 characteristics of these bands, what type               standards or criteria applicable to the               portions of the shared spectrum where
                                                 of systems could feasibly be deployed?                  service in which the station operates.                satellite or terrestrial services have
                                                 What type of licensing and technical                    However, US74 omits the 182–185 GHz                   priority be an appropriate means for
                                                 rules should the Commission consider                    and 226–231.5 GHz bands even though                   sharing the spectrum?
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                                                 adopting for mobile services in this                    they are included in US246 and have                      23. The Commission also seeks
                                                 spectrum?                                               RAS allocations. The Commission seeks                 comment on how sharing could be
                                                    18. Sharing Considerations: With the                 comment on whether these two bands                    accomplished between the FS and FSS
                                                 exception of passive services (EESS,                    should be added to US74.                              in the bands under discussion. Would
                                                 RAS, and SRS) that collectively have                       21. Sharing services with the EESS                 the use of a narrow-beam antenna
                                                 exclusive primary allocations in some of                and SRS. The Commission seeks                         requirement in our proposed rules for
                                                 the bands between 95 GHz and 275                        comments on the appropriate                           FS operations avoid harmful
                                                 GHz, all other services in the 95–275                   methodology for modelling potential                   interference to the FSS? Sharing


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                                                 13892                     Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Proposed Rules

                                                 between the FS and the FSS in the lower                 navigation satellite service. How likely              to ensure that there is a low probability
                                                 frequency bands under our part 101 of                   is it that these allocations will be used             that these devices will cause harmful
                                                 our rules uses first-in-time coordination.              in the future by non-federal users? The               interference to authorized users of the
                                                 Would this be an appropriate method                     Commission seeks comment generally                    same or nearby spectrum. Should
                                                 for sharing between the FS and FSS?                     on how stations in the fixed and/or                   harmful interference occur, the operator
                                                 Could the registration of fixed links                   mobile service could share the bands                  is required to immediately correct the
                                                 with the database manager required                      with the radar allocated services. Can                interference problem or cease operation.
                                                 under our proposed rules be extended to                 the sharing mechanism be based on                        29. Apart from a few specified
                                                 also apply to satellite earth stations?                 geographical separation? Could a                      frequency bands, spectrum above 38.6
                                                    24. The 158.5–164 GHz, 191.8–200                     database of locations where radar                     GHz is designated as ‘‘restricted’’ in
                                                 GHz, 232–235 GHz, and 252–265 GHz                       operations occur or the locations of                  § 15.205 of the rules. Unless expressly
                                                 bands have shared allocations with the                  transmitters or receivers of other                    permitted by rule or waiver, unlicensed
                                                 MSS. The Commission believes sharing                    licensed services be used to facilitate               devices are not allowed to intentionally
                                                 between FS and MSS is technically                       sharing in these bands? Such a database               radiate energy into a restricted band.
                                                 feasible, and seeks comment on possible                 could be a relatively simple record of                The Commission proposes to allow
                                                 sharing mechanisms between these                        the locations of fixed facilities or the              unlicensed operation in additional
                                                 services. The Commission seeks                          geographic areas where mobile                         frequency bands where the Commission
                                                 comment on possible sharing                             operations may occur or it could be                   believes it will not cause harmful
                                                 mechanisms between the MS and MSS                       more sophisticated. Could the use of                  interference to authorized services, and
                                                 services. Would geographical                            sensing technologies to determine when                to remove those specific bands from the
                                                 partitioning between services, for                      radars are in operation be used to share              list of restricted bands.
                                                 example between urban/rural markets,                    the bands between radars and other                       30. The Commission seeks comment
                                                 serve as a possible sharing mechanism?                  licensed services?                                    on whether to make 15.2 gigahertz of
                                                 If so, how should such markets be                          27. Federal/non-federal sharing: As                spectrum above 95 GHz available for
                                                 defined? Could dual MS/MSS user                         the Commission notes above, the 95–                   unlicensed use in four frequency bands.
                                                 equipment, if available, resolve possible               275 GHz spectrum is allocated on a co-                First, the Commission seeks comment
                                                 interference conditions by switching to                 primary basis for federal and non-                    on allowing unlicensed operation in the
                                                 terrestrial service when a terrestrial                  federal use. In developing rules for this             122–123 GHz and the 244–246 GHz
                                                 network is detected? Could requiring                    spectrum, the Commission will work                    bands, which are already designated
                                                 operators of terrestrial MS networks to                 closely with the NTIA with the objective              industrial, scientific, and medical (ISM)
                                                 adopt a method of registration and                      of developing a framework that both                   bands. The Commission would remove
                                                 tracking of MSS user equipment reduce                   encourages private sector investment in               these bands from the list of restricted
                                                 the possibility of interference by                      new technologies and services and                     bands in § 15.205. The Commission
                                                 limiting emissions in the direction of                  preserves the ability of federal users to             seeks comment on these proposals.
                                                 MSS user equipment?                                     research, develop, test, and deploy new                  31. The Commission also seeks
                                                    25. The 122.25–123 GHz, 130–134                      technologies and services to meet their               comment on whether to allow
                                                 GHz, 167–174.8 GHz, and 191.8–200                       needs. While this notice considers the                unlicensed operation in two frequency
                                                 GHz bands have a shared allocation                      possibility of granting nationwide                    bands near 183 GHz. The Commission
                                                 with the inter-satellite service (ISS). Is              licenses, access to the band by both                  believes that the frequency bands
                                                 there a need to make provisions in the                  federal and non-federal users would be                located around a sharp peak in the
                                                 Commission’s rules to prevent harmful                   on a shared basis where access by users               atmospheric attenuation curve at 183
                                                 interference to and from the ISS?                       would not preclude federal and non-                   GHz may be appropriate for unlicensed
                                                 Should there be specific antenna                        federal users from deploying systems                  use. However, no transmissions are
                                                 performance requirements for FS and                     where no authorized facilities have been              permitted in the frequency band at the
                                                 MS stations to limit potential                          registered or deployed. Specific sharing              peak due to Allocations Table footnote
                                                 interference to the ISS? If so, should                  and coordination terms to ensure federal              US246 stating that no station shall be
                                                 there be separate requirements for each                 and non-federal co-primary access will                authorized to transmit in a number of
                                                 of the shared bands? Commenters who                     be addressed through a future                         bands including the 182–185 GHz band.
                                                 support antenna performance                             framework to be jointly developed by                  The Commission would make spectrum
                                                 requirements for FS and MS stations                     NTIA and FCC as part of follow-on                     available for unlicensed use on both
                                                 should provide specific technical                       proceedings. The Commission seeks                     sides of the attenuation peak,
                                                 information and proposals showing the                   comment on adding the following                       specifically, the 174.8–182 GHz and
                                                 need for such requirements. Similarly,                  footnote to the Table of Frequency                    185–190 GHz bands. The Commission
                                                 should there be specific antenna                        Allocations that reflects this approach:              would remove these bands from the list
                                                 performance requirements for                                                                                  of restricted bands in § 15.205. The
                                                                                                            USxxx: Federal and non-federal users shall
                                                 aeronautical use of MS stations or                      have equal rights to access the spectrum in
                                                                                                                                                               Commission seeks comment on this
                                                 should such use be prohibited entirely                  the 95–275 GHz band. Use of the band by               approach.
                                                 to protect the ISS? The Commission                      non-federal users on a licensed or unlicensed            32. The Commission also seeks
                                                 seeks comment on whether NGSO                           basis shall not preclude or impair co-primary         comment on what technical rules
                                                 satellites can be accommodated in the                   use of the bands by federal users and shall           should apply to unlicensed operation
                                                 116–122.25 GHz band.                                    not establish non-federal priority in bands           within the 122–123 GHz, 174.8–182
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                                                    26. Other shared services. The 95–100                allocated for shared federal and non-federal          GHz, 185–190 GHz and 244–246 GHz
                                                 GHz, 141–148.5 GHz, 151.5–155.5 GHz,                    use.                                                  frequency bands. In particular, the
                                                 191–200 GHz, 238–241 GHz, and 252–                        28. Unlicensed operations under parts               Commission seeks comment on whether
                                                 265 GHz bands have shared allocations                   15. Part 15 of the Commission’s rules                 the requirements that apply to the
                                                 for radar use (radionavigation service or               permits the operation of RF devices                   operation of unlicensed devices in the
                                                 radiolocation service). The 95–100 GHz,                 without issuing individual licenses to                57–71 GHz band under § 15.255 of the
                                                 238–240 GHz, and 252–265 GHz bands                      operators of these devices. The                       rules are appropriate in these bands.
                                                 are also allocated for the radio                        Commission’s part 15 rules are designed               Would the power levels provided in that


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                                                                           Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Proposed Rules                                           13893

                                                 rule section be high enough for                         devices may be able to share spectrum                 licensing. The Commission is reluctant
                                                 unlicensed equipment to function as                     with these passive services without                   to open such a wide swath of spectrum
                                                 intended in the bands under                             causing interference. However, the                    for unlicensed use because the
                                                 consideration here? If not, what would                  Commission notes that while this band                 Commission believes it represents an
                                                 be a reasonable power level that                        is close to a peak in the atmospheric                 inefficient use of the spectrum, provides
                                                 provides for a practical operational                    attenuation curve, this peak is smaller               no focus for development of
                                                 range that would also provide adequate                  than the peaks at 60 GHz and 183 GHz.                 technologies in specific bands and the
                                                 protection to authorized services in the                Also, the Commission notes that RAS                   Commission’s proposals would already
                                                 same and nearby spectrum? Could the                     observations at 115.27 GHz may                        provide considerable opportunities for
                                                 Commission permit higher power levels                   necessitate geographic restrictions to                unlicensed devices. Nevertheless, in
                                                 in the 174.8–182 GHz and 185–190 GHz                    protect RAS facilities. Accordingly, the              seeking comment on making 15.2
                                                 bands since they are close to a peak in                 Commission seeks comment on whether                   gigahertz of spectrum above 95 GHz
                                                 atmospheric attenuation that is greater                 unlicensed operation should be                        available for unlicensed use the
                                                 than the peak at 60 GHz? The                            permitted in the 116–122 GHz band. If                 Commission grants his petition in part.
                                                 Commission recognizes that the primary                  so, what technical and other                          The Commission also seeks comment
                                                 allocations for the 174.8–182 GHz and                   requirements should apply to prevent                  broadly on Whedbee’s rulemaking
                                                 185–190 GHz bands are for the ISS and                   interference to authorized services in                petition to the extent his proposal goes
                                                 for the EESS and the SRS (passive) and                  the band? The Commission also seeks                   beyond what the Commission is seeking
                                                 that footnote 5.562H limits ISS                         comment on any other bands above 95                   comment on and on any costs or
                                                 emissions to levels below the EESS                      GHz that may be suitable for unlicensed               benefits that could arise from making
                                                 (passive) protection criteria. The                      use and the technical requirements that               the 95–1000 GHz band available for
                                                 Commission also notes that the rules                    would be necessary to allow operation                 unlicensed use in accordance with his
                                                 applying to unlicensed use of the 57–71                 in them while protecting authorized                   proposal.
                                                 GHz band do not allow the use of                        services. In particular, the Commission                  36. The Commission also seeks
                                                 devices on satellites or allow for the use              seeks comment on how such use would                   comment on what rules might be most
                                                 of field disturbance sensors unless the                 relate to current and planned passive                 appropriate for ISM operations in the
                                                 sensors are part of fixed equipment. In                 services.                                             above 95 GHz band. Part 18 of the rules
                                                 addition, these rules permit the use of                    34. Potential future applications in               contains the regulations for ISM
                                                 devices on aircraft only under certain                  these bands includes ultra-high                       equipment.
                                                 specific circumstances. Therefore, the                  definition video, and high-speed data                    37. The Commission has historically
                                                 Commission seeks comment on whether                     transmission, such as temporary fiber                 treated RF devices that transmit a radio
                                                                                                         optic line replacement, chip-to-chip                  signal for purposes such as measuring
                                                 any of these restrictions should apply to
                                                                                                         communication within computer                         the level of a fluid in a container or for
                                                 unlicensed devices in any or all of the
                                                                                                         equipment, and replacement of                         measuring some quantifiable property of
                                                 four proposed bands to protect the
                                                                                                         computer data cables in data centers                  a material as part 15 devices. The
                                                 existing authorized services in these
                                                                                                         with wireless links. Would the rules                  Commission is aware of interest in using
                                                 bands, and if so, why? Is there a need
                                                                                                         proposed above for unlicensed devices                 the spectrum above 95 GHz for devices
                                                 to prohibit all operation of devices on
                                                                                                         allow for applications such as these?                 that use terahertz spectroscopy to
                                                 aircraft in any of the proposed bands?
                                                                                                         With respect to non-federal users, the                analyze material properties and for
                                                 Would any other modifications to the
                                                                                                         Commission seeks comment on whether                   imaging applications, which could
                                                 requirements of § 15.255 be needed to
                                                                                                         the unlicensed spectrum access model                  possibly be considered ISM
                                                 permit unlicensed operation in these                                                                          applications. The Commission seeks
                                                                                                         is most appropriate for the types of
                                                 bands?                                                                                                        comment on whether it should establish
                                                                                                         devices that could be operated in the
                                                    33. The Commission further seeks                     proposed frequency bands, or whether                  a more certain regulatory approach for
                                                 comment on whether there are any other                  some other spectrum access model                      devices that use the frequencies above
                                                 bands above 95 GHz that would be                        would be more appropriate, e.g.,                      95 GHz. Is the lack of provisions under
                                                 suitable for unlicensed use in addition                 licensed or licensed by rule.                         part 15 for equipment that operates in
                                                 to the 15.2 gigahertz of spectrum                          35. As mentioned above, James                      these higher frequency bands hampering
                                                 identified above. In particular, the                    Whedbee has filed a rulemaking petition               the ability of these new technologies to
                                                 Commission seeks comment on                             requesting that the Commission adopt                  be approved and, if so should the
                                                 allowing unlicensed use of the 116–122                  rules to permit unlicensed device                     Commission modify the part 15 rules to
                                                 GHz band. The 116–122.25 GHz band is                    operation in the 95–1000 GHz range.                   allow them? Or would it be more
                                                 allocated to passive services such as the               Whedbee advocates that the                            appropriate to routinely treat these
                                                 EESS and SRS (passive) as well as the                   Commission apply the same technical                   terahertz applications as part 18 ISM
                                                 ISS which is used for communications                    rules to these unlicensed operations as               equipment for which there are already
                                                 between satellites with footnote 5.562C                 currently apply in the 57–71 GHz band                 power and field strength limits specified
                                                 limiting ISS emission levels below the                  with a few differences. Whedbee                       in the rules?
                                                 EESS (passive) protection criteria. The                 proposes unlicensed devices in 95–1000                   38. The Commission recognizes that
                                                 passive services would likely be                        GHz be limited to a bandwidth of 500                  the radiated emission limits in part 18
                                                 compatible only with low density                        megahertz. Whedbee also specifies that                were originally developed for devices
                                                 deployments and low power unlicensed                    unlicensed operations be limited to                   operating at significantly lower
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                                                 uses because of the high sensitivity of                 indoors only and that transmitters not                frequencies than the Commission is
                                                 these types of passive receivers. Because               be deliberately pointed at windows in a               considering here, and seeks comment on
                                                 devices operating under our part 15                     number of bands used by the RAS, EESS                 how that should affect its analysis.
                                                 rules are limited to transmission at low                (passive), and SRS (passive). According               Accordingly, the Commission seeks
                                                 power levels, and given the increased                   to Whedbee, licensing of transmissions                comment on whether changes to these
                                                 propagation attenuation from high                       over the range 95–1000 GHz may hinder                 limits are necessary for operation above
                                                 atmospheric absorption, the                             the technological developments that his               95 GHz. Are the limits in § 18.305
                                                 Commission believes that part 15                        proposed rule would permit without                    appropriate for these devices? If not,


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                                                 13894                     Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Proposed Rules

                                                 what are the appropriate limits, and in                 Experimental Radio Licenses’’ and                     with experimental licensing in this
                                                 what terms should they be expressed,                    amend subparts A, B, and C, which are                 range. As a safeguard against such
                                                 e.g., field strength, power density, EIRP               generally applicable to all part 5 ERS                devices causing harmful interference,
                                                 or some other power-related terms? In                   licenses, as necessary. Since these                   the Commission will maintain a
                                                 addition, the Commission notes that the                 Spectrum Horizons licensees would be                  requirement that the Spectrum Horizons
                                                 rules currently specify that radiated                   subject to unique requirements that, in               licensee must adhere to the conditions
                                                 emissions from most ISM equipment                       many cases, reflect existing or modified              specified in § 5.602(e) of our rules,
                                                 must be measured at a distance of 300                   versions of the requirements associated               which states that ‘‘trial devices are
                                                 meters from the equipment. Due to the                   with other ERS licensees, the                         either rendered inoperable or retrieved
                                                 rapid attenuation of signals and the                    Commission believes this would be the                 . . . at the conclusion of the trial.’’ The
                                                 limitations in measurement devices at                   best option for providing prospective                 Commission also proposes that the
                                                 frequencies above 95 GHz,                               licensees with clear requirements, while              Spectrum Horizons licensee must
                                                 measurements at this distance are likely                at the same time maintaining existing                 provide market trial participants with a
                                                 not practical. The Commission therefore                 rules for the various other forms of ERS              written disclosure clearly stating that
                                                 seeks comment on the appropriate                        authorization. The Commission seeks                   the equipment being purchased is part
                                                 measurement distance and procedures                     comment on the assumptions made                       of an experiment that may be terminated
                                                 for determining compliance with the                     above and whether a unique subpart of                 at any time by the licensee or the
                                                 rules. The Commission also seeks                        the ERS rules is warranted.                           Commission. Thus, only those
                                                 comment on whether any other changes                       41. The Commission believes that                   individuals who are willing to accept
                                                 to the rules may be required to prevent                 Spectrum Horizons licenses should                     the risk that their devices could be
                                                 harmful interference to authorized                      have a number of characteristics that                 rendered unusable on short notice
                                                 services. For example, should the                       differ from existing ERS authorizations,              would be candidates for participating in
                                                 Commission restrict operation in certain                although they would also have a                       such market trials. The Commission
                                                 frequency bands to indoor locations                     number of characteristics in common.                  seeks comment on these proposals.
                                                 only, and if so, in which frequency                     Specifically, the Commission seeks                        45. In this connection, the
                                                 bands should such a restriction apply                   comment on the following proposed                     Commission proposes to require that
                                                 and how could it be enforced?                           rules for these Spectrum Horizon                      Spectrum Horizons licensees who
                                                    39. Experimental Radio service. In                   licenses.                                             choose to market equipment must label
                                                 this section, the Commission seeks                         42. Marketing. Marketing of                        any such equipment as ‘‘Experimental—
                                                 comment on whether to create a new                      experimental devices or provision of                  Not Authorized for Permanent Use’’ and
                                                 subpart of our part 5 Experimental                      services for hire under product                       carry with it an equipment ID number
                                                 Radio Service (ERS) rules to better                     development trial is currently                        registered as part of the experimental
                                                 encourage experiments in the spectrum                   prohibited. While our rules permit                    license process. The Commission notes
                                                 range between 95 GHz and 3 THz. The                     market trials under certain                           that a Spectrum Horizons license should
                                                 Commission’s part 5 ERS rules prescribe                 circumstances, ERS licensees may sell                 have no expectation that an experiment
                                                 the requirements for authorizing a                      equipment only to each other under                    will always lead to the establishment of
                                                 variety of entities to experiment with                  such trials, rather than to market trial              a permanent service. Thus, a Spectrum
                                                 new radio technologies, equipment                       participants, and must also ensure that               Horizons licensee who chooses to
                                                 designs, characteristics of radio wave                  the number of marketed devices is the                 market a substantial—rather than a
                                                 propagation, or service concepts related                minimum necessary to conduct the                      limited—amount of equipment would
                                                 to the use of the radio spectrum.                       market trial.                                         be increasing its financial risk. The
                                                 Experimental operations are not entitled                   43. In the spectrum range above 95                 Commission seeks comment on these
                                                 to exclusive use protected from harmful                 GHz, the Commission believes that                     marketing proposals, and on any
                                                 interference from allocated services, and               marketing of innovative devices at a                  alternatives to them.
                                                 ERS licensees must not cause harmful                    relatively early stage of experimentation                 46. Eligibility and filing requirements.
                                                 interference to stations of authorized                  may be particularly important to permit               The Commission seeks comment on
                                                 services, including secondary services.                 entrepreneurs to gauge consumer                       whether Spectrum Horizons licenses
                                                    40. Proposal for ‘‘Spectrum Horizons                 acceptance and to determine whether to                should be broadly available to qualified
                                                 Experimental Radio Licenses.’’ Because                  proceed to the next stage of the                      persons as generally defined under
                                                 of the potential for innovation above 95                experiment. As operations extend                      existing ERS rules. However, to obtain
                                                 GHz, and the unique nature of this                      further into the spectrum above 95 GHz,               a Spectrum Horizons license, the
                                                 spectrum (e.g., limited propagation and                 the unique technical issues associated                Commission proposes that a qualified
                                                 virtually no existing operations), the                  with such operations make capable                     applicant be required to include a
                                                 Commission believes that certain                        devices more expensive to produce.                    narrative statement that sufficiently
                                                 experimental requirements can be                        Further, these same issues also make it               explains the proposed new technology/
                                                 relaxed or modified without creating an                 less likely that such devices could be                potential new service and that
                                                 unacceptable risk of interference or                    easily adapted for use in the lower                   incorporates an interference analysis
                                                 undermining our longstanding general                    spectrum. Thus, entrepreneurs will be                 that explains why the proposed
                                                 policies related to the marketing and                   reluctant to proceed without a clear                  experiment would not cause harmful
                                                 authorization of equipment.                             signal from consumers that they are                   interference to any other spectrum user.
                                                 Accordingly, the Commission seeks                       interested in purchasing such devices.                The statement should include technical
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                                                 comment on a proposal to create an                         44. The Commission proposes to                     details, including the requested
                                                 experimental radio license for                          allow experimental devices used in                    frequency band(s), maximum power,
                                                 authorizing operation on frequencies                    market trials in these bands to be sold               emission designators, area(s) of
                                                 from 95 GHz to 3 THz. In keeping with                   directly to participants to encourage                 operation, type(s) of device(s) to be
                                                 the current structure of part 5, the                    experimentation, as well as to help                   used, and the maximum number of each
                                                 Commission proposes to add a new                        innovators share device manufacturing                 type of device to be used. The
                                                 subpart I that would provide specific                   costs with potential early adopters who               Commission seeks comment on these
                                                 requirements for ‘‘Spectrum Horizons                    are willing to bear the risks associated              and any other issues that it should


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                                                                           Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Proposed Rules                                          13895

                                                 require a Spectrum Horizons service                        49. License term and interim reporting             notes that these limits could in
                                                 applicant to address in its narrative                   requirement. The Commission seeks                     principle be applied up to infrared
                                                 statement.                                              comment on whether to extend the                      wavelengths, although the Commission
                                                    47. Available frequencies. Because all               experimental license term for Spectrum                does not suggest that there should be
                                                 ERS licenses are authorized on a non-                   Horizons licenses and, if so, for how                 any particular changes to our rules at
                                                 interfering basis, and such applications                long. Would a longer license term, such               this time. The Commission also notes
                                                 must be coordinated with federal users                  as 10 years, encourage entrepreneurs to               that the issues of averaging area and
                                                 via NTIA, the Commission proposes that                  make investments in this portion of the               averaging time for localized and time
                                                 subpart I specify that Spectrum                         spectrum where there has been                         varying exposure are the subject of
                                                 Horizons licenses be permitted on any                   relatively minimal experimentation and,               ongoing consideration at lower
                                                 frequency in the range of 95 GHz-3 THz,                 thus, limited ‘‘real world’’ experiences              frequencies in the context of developing
                                                 provided there are no objections raised                 to guide the experimental planning                    laboratory test procedures for specific
                                                 in the coordination process. Applicants                 process? If the Commission provides                   devices. However, the Commission has
                                                 would be expected to address any                        longer license terms, the Commission                  an open proceeding in which it is
                                                 allocation footnotes and any known                      proposes to require an interim report be              broadly examining its RF exposure rules
                                                 use(s) of the requested frequency or                    submitted to the Commission at the                    and policies, which could potentially
                                                 frequencies in the spectrum analysis                    half-way point of the license term to                 influence how such devices are
                                                 that they would be required to provide                  provide the public with information                   authorized in the future. In the RF
                                                 in their narrative statements discussed                 about the progress of the experiment.                 Inquiry of that separate open
                                                 above. Additionally, applicants must                    The Commission also seeks comment on                  proceeding, the Commission specifically
                                                 ensure that the significant number of                   whether a longer Spectrum Horizons                    asks whether it should expand the
                                                 passive services that use spectrum                      license would be eligible for renewal.                frequency scope of its exposure rules
                                                 above 95 GHz are protected from                            50. Other aspects. The Commission                  above the present maximum of 100 GHz.
                                                 harmful interference and, if proposing                  seeks comment on how best to handle                   The Commission proposes that it make
                                                 to use spectrum that is exclusively                     geographic, frequency, or technical                   no changes to its present rules limiting
                                                 allocated for passive use(s), they must                 limits on experiments, and limits on the              human exposure to RF energy until it
                                                 explain why nearby bands that have                      number of devices or their type,                      considers the broader issues brought
                                                 non-passive allocations are not adequate                including whether these limits should                 forth in its RF Inquiry.
                                                 for the experiment. The Commission                      be decided on a case-by-case basis. The                  53. Equipment Authorization Matters.
                                                 seeks comment on this proposal.                         Commission also seeks comment on                      As the Commission has noted
                                                 Commenters who propose limitations                      how applicants should be required to                  previously in the Spectrum Frontiers
                                                 on available frequencies should identify                justify their proposed parameters in                  proceeding, there are unique technical
                                                 specific bands where they believe that                  their narrative statements. In order to               challenges specific to demonstrating
                                                 Spectrum Horizons experiments should                    avoid the filing of subsequent requests               compliance with our rules for the
                                                 be prohibited or restricted, including                  to modify those parameters during the                 purpose of equipment authorization of
                                                 references to pertinent footnotes listed                license term, the Commission proposes                 millimeter-wave devices. As technology
                                                 in the Table of Frequency Allocations.                  that applicants request the maximum                   evolves to address the technical
                                                 The Commission proposes to list in                      parameters that they may ultimately                   challenges related to perform
                                                 subpart I all bands that the Commission                 use, even if their initial plans do not               compliance measurements above 95
                                                 concludes should be prohibited or                       require those maximums. The                           GHz (with respect to propagation,
                                                 restricted for Spectrum Horizons                        Commission acknowledges that                          interference protection, modulation
                                                 experimental use.                                       circumstances may change, however,                    techniques, transmission security, etc.),
                                                    48. Scope of license grant. The                      and would still consider granting                     the Commission expects that OET, in its
                                                 Commission proposes to provide                          applications to modify Spectrum                       capacity as the technical administrator
                                                 Spectrum Horizons licensees with                        Horizons licenses.                                    of the Commission’s part 2, 5, 15, and
                                                 substantial flexibility to conduct long-                   51. To better ensure that Spectrum                 18 rules, will provide guidance on
                                                 term experiments over a wide                            Horizons experiments do not cause                     appropriate measurement techniques
                                                 geographic area and frequency range,                    harmful interference, the Commission                  through its knowledge database
                                                 market equipment if necessary, and                      proposes to adopt rules for such                      publications as products are developed,
                                                 adapt their program of experimentation                  experiments similar to our existing                   seeking notice and comment as
                                                 as needed. In making these proposals,                   ‘‘station identification,’’ ‘‘responsible             appropriate. To inform this guidance,
                                                 the Commission emphasizes the                           party,’’ and ‘‘stop buzzer’’ rules.                   the Commission generally requests
                                                 overriding considerations that Spectrum                 However, consistent with our rules for                information on relevant research as it
                                                 Horizons licensees—like all ERS                         conventional experimental licenses, the               addresses measurement techniques to
                                                 licensees—would have to accept to                       Commission proposes to permit                         verify that devices meet the
                                                 operate: (1) Licensees would be                         Spectrum Horizons licenses to be                      electromagnetic compatibility (EMC)
                                                 prohibited from causing harmful                         transferred, if the Commission finds that             technical rules; the Commission
                                                 interference to any established radio                   to be in the public interest and gives its            discusses specific concerns in more
                                                 service, and would be solely responsible                consent in writing. Comments are                      detail below.
                                                 for promptly remedying any such                         requested on each of these proposals.                    54. EMC measurements. In this
                                                 interference; (2) licenses would be non-                   52. RF Exposure Limits. RF devices                 Notice, the Commission seeks comment
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                                                 exclusive; and (3) there would be no                    must comply with the Commission’s RF                  on what technical rules should apply to
                                                 assurance that experimentation would                    exposure limits that are currently                    operation in spectrum above 95 GHz. At
                                                 lead to the establishment of an                         specified up to 100 GHz. The power                    this time, the FCC laboratory has offered
                                                 authorized service. Otherwise, the                      density limits specified for general                  generally limited guidance related to the
                                                 Commission asks for comment on what                     population and occupational exposure                  technical procedures that could be used
                                                 specific technical rules in subpart C                   at 100 GHz are 1 mW/cm2 and 5 mW/                     to demonstrate the compliance of
                                                 should or should not be applicable to                   cm2 respectively for whole-body                       millimeter-wave devices with such
                                                 Spectrum Horizons stations.                             continuous exposure. The Commission                   rules. The Commission recognizes that


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                                                 13896                     Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Proposed Rules

                                                 radiated field strength measurements at                 procedure. The Commission seeks                       rulemaking proceeding the Commission
                                                 frequencies above 1 GHz present                         comment on which equipment                            has begun with this NPRM. First, ZenFi
                                                 challenges due to the relatively high                   authorization procedure would be most                 has failed to justify a waiver based on
                                                 values of cable loss and antenna factor.                appropriate for any fixed or mobile                   special circumstances because there is
                                                 Similarly, a conducted method of                        service adopted under the proposals set               nothing unique or unusual about its
                                                 measurement would only be effective if                  forth herein, or whether some other                   situation. It is no different than any
                                                 the device and other mixer waveguides                   authorization procedure would be more                 other operator who has potential
                                                 are both accessible. The Commission                     appropriate.                                          interest in using the above 95 GHz
                                                 seeks information on fundamental                           57. Rulemaking and Waiver Petitions.               bands, and has not demonstrated a need
                                                 aspects of measurements of radiated and                 Battelle Petition. Battelle Memorial                  to use this band that cannot be met by
                                                 conducted emissions at these                            Institute, Inc. (Battelle) filed a petition           deployment in another band. Second,
                                                 frequencies. What are ways to                           for rulemaking in February 2014 asking                ZenFi has not shown that a deviation
                                                 demonstrate compliance with                             the Commission to commence a                          from the general rule would be in the
                                                 procedures which are practical,                         rulemaking to propose service rules for               public interest. Although ZenFi
                                                 repeatable, and do not have large                       fixed use of the 102–109.5 GHz band.                  generally discusses its intent to address
                                                 margins of error? Specifically, §§ 15.255               Battelle’s proposed rules draw                        the growing demand for wireless links
                                                 and 15.257 of our rules apply to the use                extensively from the 70/80/90 GHz                     capable of delivering 10GE, it fails to
                                                 of an RF detector that has been specified               rules. Because the rules the Commission               reference a specific proposed
                                                 to make millimeter-wave measurements.                   is proposing for the 102–109.5 GHz                    deployment that would require a
                                                 Is the use of an RF detector an                         band are similar to what Battelle has                 waiver, or discuss the extent to which
                                                 appropriate method for measuring the                    proposed, the Commission considers                    its proposed deployments could not be
                                                 frequencies above 95 GHz? Are there                     their rulemaking petition granted in                  reasonably achieved on other spectrum.
                                                 industry measurement standards                          part. Battelle and other interested                   ZenFi has also failed to distinguish
                                                 available for RF devices operating above                parties are able to participate in this               itself from any other party who would
                                                 95 GHz? The Commission seeks further                    rulemaking and will have ample                        potentially be interested in using the
                                                 comment on whether and how present                      opportunity to comment on the rules the               102–109.5 GHz band. ZenFi also fails to
                                                 procedures can be adapted or modified                   Commission is proposing and therefore                 satisfy the third prong, because a waiver
                                                 to appropriately address the specific                   the Commission dismisses Battelle’s                   grant here would essentially replace the
                                                 technical challenges presented by                       petition from further consideration.                  current rulemaking process,
                                                 millimeter-wave devices.                                   58. ZenFi Waiver. ZenFi Networks,                  undermining the validity of that final
                                                    55. Out-of-band and spurious                         Inc. (ZenFi), which holds a nationwide,               rule. This is particularly true in this
                                                 emissions measurement. At the present                   non-exclusive license under call sign                 band where the Commission lacks any
                                                 time, the FCC laboratory guidance does                  WQUN758 in the 71–76 GHz, 81–86
                                                                                                                                                               actual service, licensing, or technical
                                                 offer a procedure to measure the out-of-                GHz, and 92–95 GHz bands, seeks a
                                                                                                                                                               rules. What ZenFi is requesting is not a
                                                 band and spurious emissions from                        waiver of the applicable part 1 and
                                                                                                                                                               waiver of the existing rules, but the
                                                 devices with multiple antennas. The                     subpart Q of part 101 rules to permit use
                                                                                                                                                               authority to operate absent any
                                                 measurement challenges discussed                        of the 102–109.5 GHz band under its
                                                                                                                                                               established rules governing the
                                                 above are often accentuated in the case                 existing license and to register
                                                                                                                                                               operations. As noted above, there are a
                                                 of out-of-band and spurious emissions                   individual point-to-point links at
                                                                                                                                                               series of issues that the Commission
                                                 due to the low levels of these emissions                locations within the New York City,
                                                                                                                                                               must decide before it authorizes service
                                                 relative to the fundamental emissions.                  Chicago, Washington, DC, and San
                                                                                                                                                               in the 102–109.5 GHz band and
                                                 The Commission seeks comment on                         Francisco metropolitan markets using
                                                                                                         the regulatory framework established for              develops service rules for that band,
                                                 what other measurement procedures,
                                                                                                         registering links in the 70/80/90 GHz                 including whether to adopt the existing
                                                 such as those in ANSI C63.10–2013,
                                                                                                         bands. ZenFi states that it understands               70/80/90 GHz licensing regime for this
                                                 may be used and whether the
                                                                                                         that grant of its waiver request will                 band. The Commission does not believe
                                                 Commission needs to provide additional
                                                                                                         serve as a pre-requisite for coordinating             that it would be a prudent policy to
                                                 guidance (e.g., appropriate measurement
                                                                                                         and registering individual point-to-point             subject licensees and their customers to
                                                 bandwidth, cut-off frequency, etc.) to
                                                                                                         links in the 102–109.5 GHz band in the                this potential disruption, particularly in
                                                 determine compliance with the out-of-
                                                 band and spurious emission limits for                   four identified markets and that its use              the absence of any specific,
                                                 millimeter-wave devices considering the                 of the 102–109.5 GHz band would                       demonstrated need for interim operation
                                                 technical challenges of such                            continue pending resolution of the                    in the band. While the Commission may
                                                 measurements.                                           Battelle rulemaking proceeding.                       ultimately adopt rules similar to what
                                                    56. Equipment authorization                             59. On October 13, 2015, the                       Battelle has proposed, ZenFi (and SMG)
                                                 procedures. The Commission proposes                     Commission’s Wireless                                 have not justified the need for a waiver
                                                 to parallel the existing 70/80/90 GHz                   Telecommunications Bureau released a                  prior to our developing a full record on
                                                 service rules for the bands the                         public notice seeking comment on the                  the proposed changes.
                                                 Commission proposes for fixed services                  ZenFi Waiver Request. Battelle and                       61. McKay Brothers Waiver. McKay
                                                 and similarly adapt our UMFUS rules                     SMG Holdings, LLC (SMG) support                       Brothers has requested that if the
                                                 for the bands the Commission proposes                   grant of the ZenFi Waiver Request, and                Commission were not to issue a notice
                                                 for mobile services. Transmitters used                  SMG asks that the Commission extend                   of proposed rulemaking regarding
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                                                 for operation in accordance with the                    to it any relief granted to ZenFi.                    Battelle’s petition, the Commission
                                                 Commission’s part 101 Fixed                                60. The Commission denies the ZenFi                should consider granting a waiver of the
                                                 Microwave Services rules are generally                  Waiver Request and SMG’s informal                     Commission’s rules to permit operations
                                                 authorized via our Suppliers                            request seeking waiver to use the 102–                similar to ZenFi’s waiver request.
                                                 Declaration of Conformity (SDoC)                        109.5 GHz band because ZenFi and                      Because the Commission has deemed
                                                 procedure. Transmitters used for part 30                SMG have not met the standard for a                   Battelle’s rulemaking petition granted-
                                                 UMFUS mobile operations are required                    waiver and grant of a waiver would                    in-part, the Commission shall likewise
                                                 to be authorized via the certification                  improperly judge the outcome of the                   consider McKay Brothers request


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                                                                           Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Proposed Rules                                          13897

                                                 granted-in-part and dismiss it from                        D Electronic Filers: Comments may be               entities of the policies and rules
                                                 further considerations.                                 filed electronically using the internet by            adopted in the NPRM, which is found
                                                    62. Procedural Matters. Ex Parte                     accessing the ECFS: http://                           below. The Commission request written
                                                 Rules—Permit-but-disclose. Pursuant to                  fjallfoss.fcc.gov/ecfs2/.                             public comment on the IRFA.
                                                 § 1.1200(a) of the Commission’s rules,                     D Paper Filers: Parties who choose to              Comments must be filed in accordance
                                                 this NPRM shall be treated as a ‘‘permit-               file by paper must file an original and               with the same deadlines as comments
                                                 but-disclose’’ proceeding in accordance                 one copy of each filing. If more than one             filed in response to the NRPM and must
                                                 with the Commission’s ex parte rules.                   docket or rulemaking number appears in                have a separate and distinct heading
                                                 Persons making ex parte presentations                   the caption of this proceeding, filers                designating them as responses to the
                                                 must file a copy of any written                         must submit two additional copies for                 IRFA. The Commission’s Consumer and
                                                 presentation or a memorandum                            each additional docket or rulemaking                  Governmental Affairs Bureau, Reference
                                                 summarizing any oral presentation                       number.                                               Information Center, will send a copy of
                                                 within two business days after the                         Filings can be sent by hand or                     the Notice, including the IRFA, to the
                                                 presentation (unless a different deadline               messenger delivery, by commercial                     Chief Counsel for Advocacy of the Small
                                                 applicable to the Sunshine period                       overnight courier, or by first-class or               Business Administration.
                                                 applies). Persons making oral ex parte                  overnight U.S. Postal Service mail. All                  67. Paperwork Reduction Analysis.
                                                 presentations are reminded that                         filings must be addressed to the                      This document contains proposed new
                                                 memoranda summarizing the                               Commission’s Secretary, Office of the                 information collection requirements.
                                                 presentation must (1) list all persons                  Secretary, Federal Communications                     The Commission, as part of its
                                                 attending or otherwise participating in                 Commission.                                           continuing effort to reduce paperwork
                                                                                                            D All hand-delivered or messenger-                 burdens, invites the general public and
                                                 the meeting at which the ex parte
                                                                                                         delivered paper filings for the                       the Office of Management and Budget
                                                 presentation was made, and (2)
                                                                                                         Commission’s Secretary must be                        (OMB) to comment on the information
                                                 summarize all data presented and
                                                                                                         delivered to FCC Headquarters at 445                  collection requirements contained in
                                                 arguments made during the
                                                                                                         12th St. SW, Room TW–A325,                            this document, as required by the
                                                 presentation. If the presentation
                                                                                                         Washington, DC 20554. The filing hours                Paperwork Reduction Act of 1995,
                                                 consisted in whole or in part of the
                                                                                                         are 8:00 a.m. to 7:00 p.m. All hand                   Public Law 104–13. In addition,
                                                 presentation of data or arguments
                                                                                                         deliveries must be held together with                 pursuant to the Small Business
                                                 already reflected in the presenter’s
                                                                                                         rubber bands or fasteners. Any                        Paperwork Relief Act of 2002, Public
                                                 written comments, memoranda or other
                                                                                                         envelopes and boxes must be disposed                  Law 107–198, see 44 U.S.C. 3506(c)(4),
                                                 filings in the proceeding, the presenter
                                                                                                         of before entering the building.                      the Commission sought specific
                                                 may provide citations to such data or                      D Commercial overnight mail (other                 comment on how they might further
                                                 arguments in his or her prior comments,                 than U.S. Postal Service Express Mail                 reduce the information collection
                                                 memoranda, or other filings (specifying                 and Priority Mail) must be sent to 9050               burden for small business concerns with
                                                 the relevant page and/or paragraph                      Junction Drive, Annapolis Junction, MD                fewer than 25 employees.
                                                 numbers where such data or arguments                    20701.
                                                 can be found) in lieu of summarizing                       D U.S. Postal Service first-class,                 I. ORDERING CLAUSES
                                                 them in the memorandum. Documents                       Express, and Priority mail must be                       68. It is ordered, pursuant to the
                                                 shown or given to Commission staff                      addressed to 445 12th Street SW,                      authority found in sections 1, 2, 4, 7,
                                                 during ex parte meetings are deemed to                  Washington DC 20554.                                  201, 301, 302a, 303, 307, 310, and 332
                                                 be written ex parte presentations and                      64. People with Disabilities: To                   of the Communications Act of 1934, 47
                                                 must be filed consistent with rule                      request materials in accessible formats               U.S.C. 151, 152, 154, 157, 201, 301,
                                                 1.1206(b). In proceedings governed by                   for people with disabilities (braille,                302a, 303, 307, 310, 332, section 706 of
                                                 rule 1.49(f) or for which the                           large print, electronic files, audio                  the Telecommunications Act of 1996, as
                                                 Commission has made available a                         format), send an email to fcc504@fcc.gov              amended, 47 U.S.C. 1302, and § 1.411 of
                                                 method of electronic filing, written ex                 or call the Consumer & Governmental                   the Commission’s rules, 47 CFR 1.411,
                                                 parte presentations and memoranda                       Affairs Bureau at 202–418–0530 (voice),               that this NPRM is hereby adopted.
                                                 summarizing oral ex parte                               202–418–0432 (tty).                                      69. It is further ordered, pursuant to
                                                 presentations, and all attachments                         65. Availability of Documents.                     section 4(i) of the Communications Act
                                                 thereto, must be filed through the                      Comments, reply comments, and ex                      of 1934, 47 U.S.C. 154(i), and § 1.925 of
                                                 electronic comment filing system                        parte submissions will be publicly                    the Commission’s rules, that the
                                                 available for that proceeding, and must                 available online via ECFS. These                      Requests for Waivers filed by ZenFi
                                                 be filed in their native format (e.g., .doc,            documents will also be available for                  Networks, Inc. on July 22, 2015, McKay
                                                 .xml, .ppt, searchable .pdf). Participants              public inspection during regular                      Brothers, LLC on August 10, 2015, and
                                                 in this proceeding should familiarize                   business hours in the FCC Reference                   SMG Holdings, LLC on November 12,
                                                 themselves with the Commission’s ex                     Center, Federal Communications                        2015 are denied.
                                                 parte rules.                                            Commission, 445 12th Street SW, CY–                      70. It is ordered, pursuant to section
                                                    63. Comment period and procedures.                   A257, Washington, DC, 20554. The                      4(i) of the Communications Act of 1934,
                                                 Pursuant to §§ 1.415 and 1.419 of the                   Reference Information Center is open to               47 U.S.C. 154(i), and § 1.407 of the
                                                 Commission’s rules, 47 CFR 1.415,                       the public Monday through Thursday                    Commission’s rules, that the Petition for
                                                 1.419, interested parties may file                      from 8:00 a.m. to 4:30 p.m. and Friday                Rulemaking of Battelle Memorial
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                                                 comments and reply comments on or                       from 8:00 a.m. to 11:30 a.m.                          Institute, Inc. filed on February 6, 2014
                                                 before the dates indicated on the first                    66. Initial Regulatory Flexibility                 is granted-in-part as described herein
                                                 page of this document. Comments may                     Analysis. As required by the Regulatory               and is otherwise denied.
                                                 be filed using the Commission’s                         Flexibility Act of 1980 (RFA), as                        71. It is ordered, pursuant to section
                                                 Electronic Comment Filing System                        amended, the Commission has prepared                  4(i) of the Communications Act of 1934,
                                                 (ECFS). See Electronic Filing of                        an Initial Regulatory Flexibility                     47 U.S.C. 154(i), and § 1.407 of the
                                                 Documents in Rulemaking Proceedings,                    Analysis (IRFA) regarding the possible                Commission’s rules, that the Petition for
                                                 63 FR 24121 (1998).                                     significant economic impact on small                  Rulemaking of James Edwin Whedbee


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                                                 13898                      Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Proposed Rules

                                                 filed on November 5, 2013 is granted-in-                 47 CFR Part 5                                         PART 1—PRACTICE AND
                                                 part as described herein.                                  Reporting and recordkeeping                         PROCEDURE
                                                    72. It is ordered that the Commission’s               requirements and Radio.
                                                 Consumer and Governmental Affairs                                                                              ■ 1. The authority citation for part 1
                                                                                                          47 CFR Part 15                                        continues to read as follows:
                                                 Bureau, Reference Information Center,
                                                 shall send a copy of this NPRM,                            Communications equipment and                          Authority: 47 U.S.C. 34–39, 151, 154(i),
                                                 including the Initial Regulatory                         Radio.                                                154(j), 155, 157, 160, 201, 225, 227, 303, 309,
                                                                                                                                                                310, 332, 1403, 1404, 1451, 1452, 1455; 28
                                                 Flexibility Analysis, to the Chief                       47 CFR Part 101                                       U.S.C. 2461 note.
                                                 Counsel for Advocacy of the Small                          Communications equipment and
                                                 Business Administration.                                 Radio.                                                ■ 2. Amend § 1.1307 by revising the last
                                                                                                                                                                entry of Table 1 in paragraph (b)(1) to
                                                 List of Subjects                                           Federal Communications Commission.                  read as follows:
                                                                                                          Marlene H. Dortch,
                                                 47 CFR Part 1                                                                                                  § 1.1307 Actions that may have a
                                                                                                          Secretary.
                                                                                                                                                                significant environmental effect, for which
                                                     Environmental impact statements.                     Proposed Rules                                        Environmental Assessments (EAs) must be
                                                 47 CFR Part 2                                              For the reasons discussed in the                    prepared.
                                                                                                          preamble, the Federal Communications                  *       *    *     *      *
                                                     Radio.                                               Commission proposes to amend 47 CFR                       (b) * * *
                                                                                                          parts 1, 2, 5, 15, and 101 as follows:                    (1) * * *

                                                     Service (title 47 CFR rule part)                                                         Evaluation required if:


                                                          *                   *                            *                   *                     *                   *                     *
                                                 70/80/90 GHz and above 95 GHz                Non-building–mounted antennas: height above ground level to lowest point of antenna < 10 m and power
                                                   Bands (subpart Q of part 101).               > 1640 W EIRP.
                                                                                              Building-mounted antennas: power > 1640 W EIRP, licensees are required to attach a label to transceiver
                                                                                                antennas that:
                                                                                              (1) provides adequate notice regarding potential radiofrequency safety hazards, e. g., information regard-
                                                                                                ing the safe minimum separation distance required between users and transceiver antennas; and
                                                                                              (2) references the applicable FCC-adopted limits for radio-frequency exposure specified in § 1.1310.



                                                 *      *      *       *      *                           § 5.1    Basis and purpose.                           where there are no existing service
                                                                                                          *      *    *    *     *                              rules.
                                                 PART 2—FREQUENCY ALLOCATIONS                                (b) Purpose. The rules in this part                *     *   *      *    *
                                                 AND RADIO TREATY MATTERS;                                provide the conditions by which                       ■ 9. Amend § 5.55 by revising
                                                 GENERAL RULES AND REGULATIONS                            portions of the radio frequency                       paragraphs (c) and (d) to read as follows:
                                                 ■ 3. The authority citation for part 2                   spectrum may be used for the purposes
                                                                                                          of experimentation and innovation,                    § 5.55   Filing of applications.
                                                 continues to read as follows:
                                                                                                          product development, and market trials.               *      *     *    *     *
                                                   Authority: 47 U.S.C. 154, 302a, 303, and
                                                                                                          ■ 7. Amend § 5.3 by revising paragraph                   (c) Each application for station
                                                 336, unless otherwise noted.
                                                                                                          (l) and adding paragraph (m) to read as               authorization shall be specific and
                                                 ■ 4. Amend § 2.803 by revising                           follows:                                              complete with regard to the information
                                                 paragraph (c)(1) to read as follows:                                                                           required by the application form and
                                                                                                          § 5.3    Scope of service.                            this part.
                                                 § 2.803 Marketing of radio frequency
                                                 devices prior to equipment authorization.                *      *    *     *      *                               (1) Conventional and Spectrum
                                                                                                             (l) Experimentation in innovative new              Horizons license and STA applications
                                                 *      *    *      *   *
                                                    (c) * * *                                             devices and services that operate on                  shall be specific as to station location,
                                                    (1) Activities conducted under market                 frequencies above 95 GHz.                             proposed equipment, power, antenna
                                                 trials pursuant to subpart H of part 5 or                   (m) Types of experiments that are not              height, and operating frequencies.
                                                 in accordance with a Spectrum                            specifically covered under paragraphs                    (2) Broadcast license applicants shall
                                                 Horizons experimental radio license                      (a) through (l) of this section will be               comply with the requirements in
                                                 issued pursuant to subpart I of part 5.                  considered upon demonstration of need                 subpart D of this part; Program license
                                                                                                          for such additional types of                          applicants shall comply with the
                                                 *      *    *      *   *
                                                                                                          experiments.                                          requirements in subpart E of this part;
                                                 PART 5—EXPERIMENTAL RADIO                                ■ 8. Amend § 5.54 by redesignating                    Medical Testing license applicants shall
                                                 SERVICE                                                  paragraph (f) as paragraph (g) and                    comply with the requirements in
                                                                                                          adding a new paragraph (f) to read as                 subpart F of this part; Compliance
                                                 ■ 5. The authority citation for part 5                   follows:                                              Testing license applicants shall comply
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                                                 continues to read as follows:                                                                                  with the requirements in subpart G of
                                                   Authority: Secs. 4, 302, 303, 307, 336 48              § 5.54    Types of authorizations available.          this part; and Spectrum Horizons
                                                 Stat. 1066, 1082, as amended; 47 U.S.C. 154,             *      *     *   *     *                              license applicants shall comply with the
                                                 302, 303, 307, 336. Interpret or apply sec.                 (f) Spectrum Horizons experimental                 requirements in subpart I of this part.
                                                 301, 48 Stat. 1081, as amended; 47 U.S.C.                radio license. This type of license is                   (d) Filing conventional, program,
                                                 301.                                                     issued for the purpose of testing                     medical, compliance testing, and
                                                 ■ 6. Amend § 5.1 by revising paragraph                   potentially innovative devices and                    Spectrum Horizons experimental radio
                                                 (b) to read as follows:                                  services on frequencies above 95 GHz,                 license applications:


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                                                                           Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Proposed Rules                                            13899

                                                   (1) Applications for radio station                    ■ 15. Amend § 5.115 by adding                         § 5.702 Licensing requirement—necessary
                                                 authorization shall be submitted                        paragraph (d) to read as follows:                     showing.
                                                 electronically through the Office of                                                                            Each application must include a
                                                 Engineering and Technology website                      § 5.115   Station identification.                     narrative statement describing in detail
                                                 http://www.fcc.gov/els.                                 *      *    *     *     *                             how its experiment could lead to the
                                                   (2) Applications for special temporary                   (d) Spectrum Horizons experimental                 development of innovative devices and/
                                                 authorization shall be filed in                         radio licenses. Spectrum Horizons                     or services on frequencies above 95
                                                 accordance with the procedures of                       experimental radio licenses shall                     GHz. This statement must sufficiently
                                                 § 5.61.                                                 transmit identifying information                      explain the proposed new technology/
                                                   (3) Any correspondence relating                       sufficient to identify the license holder             potential new service and incorporate
                                                 thereto that cannot be submitted                        and the geographic coordinates of the                 an interference analysis that explains
                                                 electronically shall instead be submitted               station. This information shall be                    why the proposed experiment would
                                                 to the Commission’s Office of                           transmitted at the end of each complete               not cause harmful interference to any
                                                 Engineering and Technology,                             transmission except that: this                        other spectrum user. The statement
                                                 Washington, DC 20554.                                   information is not required at the end of             should include technical details,
                                                 *     *    *     *     *                                each transmission for projects requiring              including the requested frequency
                                                 ■ 10. Amend § 5.59 by revising the                      continuous, frequent, or extended use of              band(s), maximum power, emission
                                                 paragraph (a) subject heading and                       the transmitting apparatus, if, during                designators, area(s) of operation, type(s)
                                                 paragraph (a)(1) to read as follows:                    such periods and in connection with                   of device(s) to be used, and the
                                                                                                         such use, the information is transmitted              maximum number of each type of
                                                 § 5.59    Forms to be used.                             at least once every thirty minutes. The               device to be used.
                                                   (a) Application for conventional,                     station identification shall be
                                                 program, medical, compliance testing,                   transmitted in clear voice or Morse                   § 5.703    Responsible party.
                                                 and Spectrum Horizons experimental                      code. All digital encoding and digital                   (a) Each program experimental radio
                                                 radio licenses—(1) Application for new                  modulation shall be disabled during                   applicant must identify a single point of
                                                 authorization or modification of existing               station identification.                               contact responsible for all experiments
                                                 authorization. Entities must submit FCC                 ■ 16. Amend § 5.121 by revising                       conducted under the license and
                                                 Form 442.                                               paragraph (a) to read as follows:                     ensuring compliance with all applicable
                                                 *     *     *      *    *                                                                                     FCC rules.
                                                                                                         § 5.121   Station record requirements.
                                                 ■ 12. Amend § 5.71 by adding paragraph                                                                           (b) The responsible individual will
                                                 (d) to read as follows:                                    (a) For conventional, program,                     serve as the initial point of contact for
                                                                                                         medical testing, compliance testing, and              all matters involving interference
                                                 § 5.71    License period.                               Spectrum Horizons experimental radio                  resolution and must have the authority
                                                 *      *    *      *    *                               stations, the current original                        to discontinue any and all experiments
                                                    (d) Spectrum Horizons experimental                   authorization or a clearly legible                    being conducted under the license, if
                                                 radio license. Licenses are issued for a                photocopy for each station shall be                   necessary.
                                                 term of 10 years.                                       retained as a permanent part of the                      (c) The license application must
                                                 ■ 13. Amend § 5.79 by revising the                      station records, but need not be posted.              include the name of the responsible
                                                 section heading and adding paragraph                    Station records are required to be kept               individual and contact information at
                                                 (c) to read as follows:                                 for a period of at least one year after               which the person can be reached at any
                                                                                                         license expiration.                                   time of the day; this information will be
                                                 § 5.79 Transfer and assignment of station
                                                 authorization for conventional, program,                *      *     *    *      *                            listed on the license. Licensees are
                                                 medical testing, Spectrum Horizons, and                 ■ 17. Add subpart I, consisting of                    required to keep this information
                                                 compliance testing experimental radio                   §§ 5.701 through 5.705, to read as                    current.
                                                 licenses.                                               follows:
                                                                                                                                                               § 5.704 Marketing of devices under
                                                 *      *     *    *     *                               Subpart I—Spectrum Horizons                           Spectrum Horizons experimental radio
                                                    (c) A station authorization for a                    Experimental Radio Licenses                           licenses.
                                                 Spectrum Horizons experimental radio                    Sec.
                                                 license, the frequencies authorized to be                                                                        Unless otherwise stated in the
                                                                                                         5.701 Applicable rules.                               instrument of authorization, devices
                                                 used by the grantee of such                             5.702 Licensing requirement—necessary
                                                 authorization, and the rights therein                        showing.
                                                                                                                                                               operating in accordance with a
                                                 granted by such authorization shall be                  5.703 Responsible party.                              Spectrum Horizons experimental radio
                                                 transferred, assigned, or in any manner                 5.704 Marketing of devices under Spectrum             license may be marketed subject to the
                                                 either voluntarily or involuntarily                          Horizons experimental radio licenses.            following conditions:
                                                 disposed of, if the Commission decides                  5.705 Interim report.                                    (a) Marketing of devices (as defined in
                                                 that such a transfer is in the public                                                                         § 2.803 of this chapter) and provision of
                                                 interest and gives its consent in writing.              Subpart I—Spectrum Horizons                           services for hire is permitted before the
                                                 ■ 14. Amend § 5.107 by adding                           Experimental Radio Licenses                           radio frequency device has been
                                                 paragraph (f) to read as follows:                                                                             authorized by the Commission,
                                                                                                         § 5.701   Applicable rules.                           provided that the number of devices to
                                                 § 5.107    Transmitter control requirements.              In addition to the rules in this                    be marketed shall be the minimum
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                                                 *      *     *   *      *                               subpart, Spectrum Horizons                            quantity of devices necessary to conduct
                                                    (f) Spectrum Horizons experimental                   experimental radio station applicants                 the experiment as approved by the
                                                 radio licenses. The licensee shall ensure               and licensees shall follow the rules in               Commission.
                                                 that transmissions are in conformance                   subparts B and C of this part. In case of                (b) Licensees are required to ensure
                                                 with the requirements in subpart I of                   any conflict between the rules set forth              that trial devices are either rendered
                                                 this part and that the station is operated              in this subpart and the rules set forth in            inoperable or retrieved by them from
                                                 only by persons duly authorized by the                  subparts B and C of this part, the rules              trial participants at the conclusion of
                                                 licensee.                                               in this subpart shall govern.                         the trial. Licensees are required to notify


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                                                 13900                     Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Proposed Rules

                                                 trial participants in advance that                         (1) The average power of any emission              necessary to operate the intentional
                                                 operation of the trial device is subject to             shall not exceed 40 dBm and the peak                  radiator using a lower peak transmitter
                                                 this condition.                                         power of any emission shall not exceed                output power in order to comply with
                                                    (c) The size and scope of the                        43 dBm; or                                            the EIRP limits specified in paragraph
                                                 experiment are subject to limitations as                   (2) For fixed point-to-point                       (b) of this section.
                                                 the Commission shall establish on a                     transmitters located outdoors, the                       (1) Transmitters with an emission
                                                 case-by-case basis. If the Commission                   average power of any emission shall not               bandwidth of less than 100 MHz must
                                                 subsequently determines that the                        exceed 82 dBm, and shall be reduced by                limit their peak transmitter conducted
                                                 experiment is not so limited,                           2 dB for every dB that the antenna gain               output power to the product of 500 mW
                                                 authorization shall be immediately                      is less than 51 dBi. The peak power of                times their emission bandwidth divided
                                                 terminated.                                             any emission shall not exceed 85 dBm,                 by 100 MHz. For the purposes of this
                                                                                                         and shall be reduced by 2 dB for every                paragraph, emission bandwidth is
                                                 § 5.705    Interim report.                                                                                    defined as the instantaneous frequency
                                                                                                         dB that the antenna gain is less than 51
                                                   Licensee must submit to the                           dBi.                                                  range occupied by a steady state
                                                 Commission an interim progress report                      (i) The provisions in this paragraph               radiated signal with modulation,
                                                 5 years after grant of its license.                     for reducing transmit power based on                  outside which the radiated power
                                                                                                         antenna gain shall not require that the               spectral density never exceeds 6 dB
                                                 PART 15—RADIO FREQUENCY                                 power levels be reduced below the                     below the maximum radiated power
                                                 DEVICES                                                 limits specified in paragraph (b)(1) of               spectral density in the band, as
                                                 ■ 18. The authority citation for part 15                this section.                                         measured with a 100 kHz resolution
                                                 continues to read as follows:                              (ii) The provisions of § 15.204(c)(2)              bandwidth spectrum analyzer. The
                                                                                                         and (4) that permit the use of different              center frequency must be stationary
                                                   Authority: 47 U.S.C. 154, 302a, 303, 304,
                                                 307, 336, 544a, and 549.                                antennas of the same type and of equal                during the measurement interval, even
                                                                                                         or less directional gain do not apply to              if not stationary during normal
                                                 ■ 19. Amend § 15.205 by revising                        intentional radiator systems operating                operation (e.g., for frequency hopping
                                                 paragraph (d)(4) to read as follows:                    under this provision. In lieu thereof,                devices).
                                                 § 15.205    Restricted bands of operation.              intentional radiator systems shall be                    (2) Peak transmitter conducted output
                                                                                                         certified using the specific antenna(s)               power shall be measured with an RF
                                                 *      *    *     *    *                                                                                      detector that has a detection bandwidth
                                                    (d) * * *                                            with which the system will be marketed
                                                                                                         and operated. Compliance testing shall                that encompasses the band of operation,
                                                    (4) Any equipment operated under the
                                                                                                         be performed using the highest gain and               e.g., 122–123 GHz, 174.8–182 GHz, 185–
                                                 provisions of § 15.255, § 15.256 in the
                                                                                                         the lowest gain antennas for which                    190 GHz or 244–246 GHz, and that has
                                                 frequency band 75–85 GHz, § 15.257, or
                                                                                                         certification is sought and with the                  a video bandwidth of at least 10 MHz.
                                                 § 15.258 of this part.                                                                                           (3) For purposes of demonstrating
                                                                                                         intentional radiator operated at its
                                                 *      *    *     *    *                                                                                      compliance with this paragraph,
                                                 ■ 20. Add § 15.258 to subpart C to read
                                                                                                         maximum available output power level.
                                                                                                         The responsible party, as defined in                  corrections to the transmitter conducted
                                                 as follows:                                                                                                   output power may be made due to the
                                                                                                         § 2.909 of this chapter, shall supply a
                                                 § 15.258 Operation in the bands 122–123                 list of acceptable antennas with the                  antenna and circuit loss.
                                                 GHz, 174.8–182 GHz, 185–190 GHz and 244–                application for certification.                           (e) Frequency stability: Fundamental
                                                 246 GHz.                                                   (3) The peak power shall be measured               emissions must be contained within the
                                                    (a)(1) Operation under the provisions                with an RF detector that has a detection              frequency bands specified in this
                                                 of this section is not permitted for                    bandwidth that encompasses the band                   section during all conditions of
                                                 equipment used on satellites.                           of operation, e.g., 122–123 GHz, 174.8–               operation. Equipment is presumed to
                                                    (2) Operation on aircraft is permitted               182 GHz, 185–190 GHz or 244–246 GHz,                  operate over the temperature range ¥20
                                                 under the following conditions:                         and that has a video bandwidth of at                  to + 50 degrees Celsius with an input
                                                    (i) When the aircraft is on the ground.              least 10 MHz. The average emission                    voltage variation of 85% to 115% of
                                                    (ii) While airborne, only in closed                  levels shall be measured over the actual              rated input voltage, unless justification
                                                 exclusive on-board communication                        time period during which transmission                 is presented to demonstrate otherwise.
                                                 networks within the aircraft, with the                  occurs.                                                  (f) Regardless of the power density
                                                 following exceptions:                                      (c) Limits on spurious emissions:                  levels permitted under this section,
                                                    (A) Equipment shall not be used in                      (1) The power density of any                       devices operating under the provisions
                                                 wireless avionics intra-communication                   emissions outside the band of operation,              of this section are subject to the
                                                 (WAIC) applications where external                      e.g., 122–123 GHz, 174.8–182 GHz, 185–                radiofrequency radiation exposure
                                                 structural sensors or external cameras                  190 GHz or 244–246 GHz, shall consist                 requirements specified in §§ 1.1307(b),
                                                 are mounted on the outside of the                       solely of spurious emissions.                         2.1091 and 2.1093 of this chapter, as
                                                 aircraft structure.                                        (2) Radiated emissions below 40 GHz                appropriate. Applications for equipment
                                                    (B) Equipment shall not be used on                   shall not exceed the general limits in                authorization of devices operating under
                                                 aircraft where there is little attenuation              § 15.209.                                             this section must contain a statement
                                                 of RF signals by the body/fuselage of the                  (3) Between 40 GHz and 200 GHz, the                confirming compliance with these
                                                 aircraft. These aircraft include, but are               level of these emissions shall not exceed             requirements for both fundamental
                                                 not limited to, toy/model aircraft,                     90 pW/cm2 at a distance of 3 meters.                  emissions and unwanted emissions.
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                                                 unmanned aircraft, crop-spraying                           (4) The levels of the spurious                     Technical information showing the
                                                 aircraft, aerostats, etc.                               emissions shall not exceed the level of               basis for this statement must be
                                                    (b) Emission levels within the 122–                  the fundamental emission.                             submitted to the Commission upon
                                                 123 GHz, 174.8–182 GHz, 185–190 GHz                        (d) Except as specified paragraph                  request.
                                                 and 244–246 GHz bands shall not                         (d)(1) of this section, the peak                         (g) Any transmitter that has received
                                                 exceed the following equivalent                         transmitter conducted output power                    the necessary FCC equipment
                                                 isotropically radiated power (EIRP) as                  shall not exceed 500 mW. Depending on                 authorization under the rules of this
                                                 measured during the transmit interval:                  the gain of the antenna, it may be                    chapter may be mounted in a group


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                                                                              Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Proposed Rules                                                                                             13901

                                                 installation for simultaneous operation                        PART 101—FIXED MICROWAVE                                                      GHz, 130–134 GHz, 141–148.5 GHz,
                                                 with one or more other transmitter(s)                          SERVICES                                                                      151.5–158.5 GHz, 174.5–174.8 GHz,
                                                 that have received the necessary FCC                                                                                                         231.5–232 GHz, and 240–241 GHz
                                                 equipment authorization, without any                           ■ 21. The authority citation for part 101
                                                                                                                                                                                              bands, the 12-month construction
                                                 additional equipment authorization.                            continues to read as follows:
                                                                                                                                                                                              period will commence on the date of
                                                 However, no transmitter operating                                  Authority: 47 U.S.C. 154 and 303.                                         each registration of each individual link;
                                                 under the provisions of this section may                       ■ 22. Amend § 101.63 by revising                                              adding links will not change the overall
                                                 be equipped with external phase-                               paragraph (b) to read as follows:                                             renewal period of the license.
                                                 locking inputs that permit beam-forming
                                                 arrays to be realized.                                         § 101.63 Period of construction;                                              *     *     *    *     *
                                                   (h) Measurement procedures that have                         certification of completion of construction.                                  ■ 23. § 101.101 is amended by adding
                                                 been found to be acceptable to the                             *     *     *    *   *                                                        ten entries in numerical order to read as
                                                 Commission in accordance with § 2.947                            (b) For the 71–76 GHz, 81–86 GHz,                                           follows:
                                                 of this chapter may be used to                                 92–95 GHz, 95–100 GHz, 102–109.5
                                                 demonstrate compliance.                                        GHz, 111.8–114.25 GHz, 122.25–123                                             § 101.101        Frequency availability.

                                                                                                                                                                      Radio service

                                                           Frequency band                                                                                                                                        Other
                                                               (MHz)                           Common carrier                        Private radio                      Broadcast auxiliary                  (parts 15, 21,                  Notes
                                                                                                 (part 101)                           (part 101)                            (part 74)                       22, 24, 25, 74,
                                                                                                                                                                                                               78 & 100)


                                                         *                           *                              *                             *                                   *                             *                             *
                                                 95,000–100,000 ...........................   CC   ...........................   OFS   .........................      ..................................                    25   F/M/TF.
                                                 102,000–109,500 .........................    CC   ...........................   OFS   .........................      ..................................                    25   F/M/TF.
                                                 111,800–114,250 .........................    CC   ...........................   OFS   .........................      ..................................                    25   F/M/TF.
                                                 122,250–123,000 .........................    CC   ...........................   OFS   .........................      ..................................                    25   F/M/TF.
                                                 130,000–134,000 .........................    CC   ...........................   OFS   .........................      ..................................                    25   F/M/TF.
                                                 141,000–148,500 .........................    CC   ...........................   OFS   .........................      ..................................                    25   F/M/TF.
                                                 151,500–158,500 .........................    CC   ...........................   OFS   .........................      ..................................                    25   F/M/TF.
                                                 174,500–174,800 .........................    CC   ...........................   OFS   .........................      ..................................                    25   F/M/TF.
                                                 231,500–232,000 .........................    CC   ...........................   OFS   .........................      ..................................                    25   F/M/TF.
                                                 240,000–241,000 .........................    CC   ...........................   OFS   .........................      ..................................                    25   F/M/TF.



                                                 *     *     *       *     *                                    the criteria in paragraph (a)(6) of this                                                                                        Frequency
                                                   24. § 101.105 is amended by revising                                                                                                                      Frequency
                                                 ■                                                              section applies; or                                                                            (MHz)                            tolerance
                                                 paragraphs (a)(5) introductory text and                           (ii) Adjacent Channel Interference.                                                                                           (percent)
                                                 (c)(2)(i) and (ii) to read as follows:                         Applicable to all bands; the existing or
                                                                                                                previously authorized system must be                                          122,250–123,000 8         ................   ........................
                                                 § 101.105     Interference protection criteria.                                                                                              130,000–134,000 8         ................   ........................
                                                                                                                afforded a carrier to interfering signal                                      141,000–148,500 8         ................   ........................
                                                   (a) * * *                                                    protection ratio of at least 56 dB, except
                                                   (5) 71,000–76,000 MHz, 81,000–                                                                                                             151,500–158,500 8         ................   ........................
                                                                                                                in the 71–76 GHz, 81–86 GHz, 95–100                                           174,500–174,800 8         ................   ........................
                                                 86,000 MHz, 102–109.5 GHz, 111.8–                              GHz, 102–109.5 GHz, 111.8–114.25                                              231,500–232,000 8         ................   ........................
                                                 114.25 GHz, 122.25–123 GHz, 130–134                            GHz, 122.25–123 GHz, 130–134 GHz,                                             240,000–241,000 8         ................   ........................
                                                 GHz, 141–148.5 GHz, 151.5–158.5 GHz,                           141–148.5 GHz, 151.5–158.5 GHz,
                                                 174.5–174.8 GHz, 231.5–232 GHz, and                                                                                                              *            *  *        *        *
                                                                                                                174.5–174.8 GHz, 231.5–232 GHz, and                                               8 Equipment
                                                                                                                                                                                                            authorized to be operated in
                                                 240–241 GHz bands. In these bands the                          240–241 GHz bands where the criteria                                          the 71–76 GHz, 81–86 GHz, 92–95 GHz, 95–
                                                 following interference criteria shall                          in paragraph (a)(5) of this section                                           100 GHz, 102–109.5 GHz, 111.8–114.25 GHz,
                                                 apply:                                                         applies, and in the 92–94 GHz and 94–
                                                                                                                                                                                              122.25–123 GHz, 130–134 GHz, 141–148.5
                                                                                                                                                                                              GHz, 151.5–158.5 GHz, 174.5–174.8 GHz,
                                                 *     *      *     *     *                                     95 GHz bands, where the criteria in                                           231.5–232 GHz, and 240–241 GHz bands is
                                                   (c) * * *                                                    paragraph (a)(6) of this section applies.                                     exempt from the frequency tolerance require-
                                                   (2) * * *                                                                                                                                  ment noted in the table of paragraph (a) of
                                                   (i) Co-Channel Interference. Both side                       *       *    *    *     *                                                     this section.
                                                                                                                ■ 25. Amend § 101.107 by adding ten
                                                 band and carrier-beat, applicable to all                                                                                                     *     *     *     *     *
                                                 bands; the existing or previously                              entries to the table in paragraph (a) in
                                                                                                                numerical order and revising footnote 8                                       ■ 26. Amend § 101.109 by adding ten
                                                 authorized system must be afforded a                                                                                                         entries to the table in paragraph (c) in
                                                 carrier to interfering signal protection                       to read as follows:
                                                                                                                                                                                              numerical order to read as follows:
                                                 ratio of at least 90 dB, except in the                         § 101.107          Frequency tolerance.
                                                 952–960 MHz band where it must be 75                               (a) * * *                                                                 § 101.109        Bandwidth.
                                                 dB, and in the 71–76 GHz, 81–86 GHz,                                                                                                         *       *    *            *        *
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 95–100 GHz, 102–109.5 GHz, 111.8–                                                                                    Frequency                   (c) * * *
                                                                                                                                 Frequency
                                                 114.25 GHz, 122.25–123 GHz, 130–134                                               (MHz)                              tolerance
                                                 GHz, 141–148.5 GHz, 151.5–158.5 GHz,                                                                                  (percent)                                                                Maximum
                                                                                                                                                                                                           Frequency band
                                                 174.5–174.8 GHz, 231.5–232 GHz, and                                                                                                                                                            authorized
                                                                                                                                                                                                               (MHz)                            bandwidth
                                                 240–241 GHz bands where the criteria                              *        *           *                           *               *
                                                 in paragraph (a)(5) of this section                            95,000–100,000 8 ..................                ........................
                                                 applies, and in the 92,000–94,000 MHz                                          8
                                                                                                                102,000–109,500 ................                   ........................      *        *          *                      *             *
                                                 and 94,100–95,000 MHz bands, where                             111,800–114,250 8 ................                 ........................   95,000 to 100,000 ................                        5 GHz



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                                                 13902                              Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Proposed Rules

                                                                                                   Maximum                § 101.111         Emission limitations.                                     The value of B will always be 500 MHz.
                                                          Frequency band
                                                              (MHz)                                authorized               (a) * * *                                                                 In the case where a narrower sub-
                                                                                                   bandwidth                (2) * * *                                                                 channel is used within the assigned
                                                                                                                            (v) The emission mask for the 71–76                                       bandwidth, such sub-carrier will be
                                                 102,000      to   109,500      ..............           7.5 GHz          GHz, 81–86 GHz, 92–95 GHz, 95–100                                           located sufficiently far from the channel
                                                 111,800      to   114,250      ..............          2.45 GHz          GHz, 102–109.5 GHz, 111.8–114.25                                            edges to satisfy the emission levels of
                                                 122,250      to   123,000      ..............          750 MHz           GHz, 122.25–123 GHz, 130–134 GHz,                                           the mask. The mean output power used
                                                 130,000      to   134,000      ..............             4 GHz          141–148.5 GHz, 151.5–158.5 GHz,
                                                 141,000      to   148,500      ..............           7.5 GHz
                                                                                                                                                                                                      in the calculation is the sum of the
                                                                                                                          174.5–174.8 GHz, 231.5–232 GHz, and                                         output power of a fully populated
                                                 151,500      to   158,500      ..............           7.5 GHz          240–241 GHz bands used in the
                                                 174,500      to   174,800      ..............          300 MHz
                                                                                                                                                                                                      channel.
                                                                                                                          equation in paragraph (a)(2)(ii) of this
                                                 231,500      to   232,000      ..............          500 MHz                                                                                       *     *     *     *     *
                                                                                                                          section applies only to the edge of each
                                                 240,000      to   241,000      ..............             1 GHz                                                                                      ■ 28. Amend § 101.113 by adding ten
                                                                                                                          channel, but not to sub-channels
                                                                                                                          established by licensees. The value of P                                    entries to the table in paragraph (a) in
                                                 *     *    *     *      *                                                in the equation is for the percentage                                       numerical order to read as follows:
                                                 ■ 27. Amend § 101.111 by revising                                        removed from the carrier frequency and
                                                                                                                                                                                                      § 101.113            Transmitter power limitations.
                                                 paragraph (a)(2)(v) to read as follows:                                  assumes that the carrier frequency is the
                                                                                                                          center of the actual bandwidth used.                                            (a) * * *

                                                                                                                                                                                        Maximum allowable EIRP                    12
                                                                                   Frequency band
                                                                                       (MHz)                                                                            Fixed 1 2                                                        Mobile
                                                                                                                                                                         (dBW)                                                           (dBW)


                                                         *                           *                                 *                                       *                             *                            *                                *
                                                 95,000–100,000 .........................................................................          25       dBW/MHz    ........................................   25   dBW/MHz.
                                                 102,000–109,500 .......................................................................           25       dBW/MHz    ........................................   25   dBW/MHz.
                                                 111,800–114,250 .......................................................................           25       dBW/MHz    ........................................   25   dBW/MHz.
                                                 122,250–123,000 .......................................................................           25       dBW/MHz    ........................................   25   dBW/MHz.
                                                 130,000–134,000 .......................................................................           25       dBW/MHz    ........................................   25   dBW/MHz.
                                                 141,000–148,500 .......................................................................           25       dBW/MHz    ........................................   25   dBW/MHz.
                                                 151,500–158,500 .......................................................................           25       dBW/MHz    ........................................   25   dBW/MHz.
                                                 174,500–174,800 .......................................................................           25       dBW/MHz    ........................................   25   dBW/MHz.
                                                 231,500–232,000 .......................................................................           25       dBW/MHz    ........................................   25   dBW/MHz.
                                                 240,000–241,000 .......................................................................           25       dBW/MHz    ........................................   25   dBW/MHz.



                                                 *     *   *      *     *                                                 (b) in numerical order and revising                                         § 101.115            Directional antennas.
                                                 ■ 29. Amend § 101.115 by adding                                          footnote 15 to read as follows:                                             *       *    *              *         *
                                                 twenty entries to the table in paragraph                                                                                                                 (b) * * *
                                                                                                                                                              Maximum                           Minimum radiation suppression to angle in degrees from
                                                                                                                                                             beam width                                  centerline of main beam in decibels
                                                                                                                                                                              Minimum
                                                                                                                                                               to 3 dB
                                                                                   Frequency                                                                                  antenna
                                                                                                                                       Category                points 1
                                                                                     (MHz)                                                                                      gain               5°         10°          15°     20°          30°       100°   140°
                                                                                                                                                              (included         (dBi)              to          to           to      to           to        to     to
                                                                                                                                                               angle in                           10°         15°          20°     30°          100°      140°   180°
                                                                                                                                                              degrees)


                                                                    *                           *                                 *                           *                          *                             *                         *
                                                 95,000 to 100,000 (co-polar) 15 ..................................................   N/A   .............             1.2                43          35           40         45        50            50     55     55
                                                 95,000 to 100,000 (cross-polar) 15 .............................................     N/A   .............             1.2                43          45           50         50        55            55     55     55
                                                 102,000 to 109,500 (co-polar) 15 ................................................    N/A   .............             1.2                43          35           40         45        50            50     55     55
                                                 102,000 to 109,500 (cross-polar) 15 ...........................................      N/A   .............             1.2                43          45           50         50        55            55     55     55
                                                 111,800 to 114,250 (co-polar) 15 ................................................    N/A   .............             1.2                43          35           40         45        50            50     55     55
                                                 111,800 to 114,250 (cross-polar) 15 ...........................................      N/A   .............             1.2                43          45           50         50        55            55     55     55
                                                 122,250 to 123,000 (co-polar) 15 ................................................    N/A   .............             1.2                43          35           40         45        50            50     55     55
                                                 122,250 to 123,000 (cross-polar) 15 ...........................................      N/A   .............             1.2                43          45           50         50        55            55     55     55
                                                 130,000 to 134,000 (co-polar) 15 ................................................    N/A   .............             1.2                43          35           40         45        50            50     55     55
                                                 130,000 to 134,000 (cross-polar) 15 ...........................................      N/A   .............             1.2                43          45           50         50        55            55     55     55
                                                 141,000 to 148,500 (co-polar) 15 ................................................    N/A   .............             1.2                43          35           40         45        50            50     55     55
                                                 141,000 to 148,500 (cross-polar) 15 ...........................................      N/A   .............             1.2                43          45           50         50        55            55     55     55
                                                 151,500 to 158,500 (co-polar) 15 ................................................    N/A   .............             1.2                43          35           40         45        50            50     55     55
                                                 151,500 to 158,500 (cross-polar) 15 ...........................................      N/A   .............             1.2                43          45           50         50        55            55     55     55
                                                 174,500 to 174,800 (co-polar) 15 ................................................    N/A   .............             1.2                43          35           40         45        50            50     55     55
                                                 174,500 to 174,800 (cross-polar) 15 ...........................................      N/A   .............             1.2                43          45           50         50        55            55     55     55
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                                                 231,500 to 232,000 (co-polar) 15 ................................................    N/A   .............             1.2                43          35           40         45        50            50     55     55
                                                 231,500 to 232,000 (cross-polar) 15 ...........................................      N/A   .............             1.2                43          45           50         50        55            55     55     55
                                                 240,000 to 241,000 (co-polar) 15 ................................................    N/A   .............             1.2                43          35           40         45        50            50     55     55
                                                 240,000 to 241,000 (cross-polar) 15 ...........................................      N/A   .............             1.2                43          45           50         50        55            55     55     55
                                                                      *                    *                    *                     *                    *                     *                  *
                                                     15 Antenna gain less than 50 dBi (but greater than or equal to 43 dBi) is permitted only with a proportional reduction in maximum authorized EIRP in a ratio of 2 dB
                                                 of power per 1 dB of gain, so that the maximum allowable EIRP (in dBW/MHz) for antennas of less than 50 dBi gain becomes 25¥2(50–G), where G is the antenna
                                                 gain in dBi. In addition, antennas in these bands must meet two additional standards for minimum radiation suppression: At angles between 1.2 and 5 degrees from
                                                 the centerline of the main beam, co-polar discrimination must be G¥28, where G is the antenna gain in dBi; and at angles of less than 5 degrees from the centerline
                                                 of main beam, cross-polar discrimination must be at least 25 dB.



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                                                                           Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Proposed Rules                                                     13903

                                                          *                   *                     *                      *                     *                  *                  *


                                                 ■ 30. Amend § 101.139 by revising                       Subpart Q—Service and technical                           Wireless Telecommunications Bureau
                                                 paragraph (h) to read as follows:                       rules for the 70/80/90 GHz and above                      announces by public notice the
                                                                                                         95 GHz Bands                                              implementation of a third-party
                                                 § 101.139    Authorization of transmitters.
                                                                                                                                                                   database.
                                                 *      *    *      *      *                             ■ 32. Amend subpart Q by revising the
                                                                                                         subpart heading to read as set forth                      *     *    *     *    *
                                                    (h) 71–76 GHz; 81–86 GHz, 95–100
                                                                                                                                                                   ■ 37. Revise § 101.1525 to read as
                                                 GHz, 102–109.5 GHz, 111.8–114.25 GHz,                   above.
                                                 122.25–123 GHz, 130–134 GHz, 141–                       ■ 33. Revise § 101.1501 to read as                        follows:
                                                 148.5 GHz, 151.5–158.5 GHz, 174.5–                      follows:                                                  § 101.1525    RF safety.
                                                 174.8 GHz, 231.5–232 GHz, and 240–                      § 101.1501    Service areas.                                Licensees in the 71–76 GHz, 81–86
                                                 241 GHz. For equipment employing                                                                                  GHz, 92–95 GHz, 95–100 GHz, 102–
                                                 digital modulation techniques, the                         The 71–76 GHz, 81–86 GHz, 92–95
                                                                                                         GHz, 95–100 GHz, 102–109.5 GHz,                           109.5 GHz, 111.8–114.25 GHz, 122.25–
                                                 minimum bit rate requirement is 0.125                                                                             123 GHz, 130–134 GHz, 141–148.5 GHz,
                                                 bit per second per Hz.                                  111.8–114.25 GHz, 122.25–123 GHz,
                                                                                                         130–134 GHz, 141–148.5 GHz, 151.5–                        151.5–158.5 GHz, 174.5–174.8 GHz,
                                                 *      *    *      *      *                             158.5 GHz, 174.5–174.8 GHz, 231.5–232                     231.5–232 GHz, and 240–241 GHz
                                                 ■ 31. Amend § 101.147 by adding ten                                                                               bands are subject to the exposure
                                                                                                         GHz, and 240–241 GHz bands are
                                                 entries to the list of frequency bands in                                                                         requirements found in §§ 1.1307(b),
                                                                                                         licensed on the basis of non-exclusive
                                                 paragraph (a) and revising the paragraph                                                                          2.1091 and 2.1093 of this chapter, and
                                                                                                         nationwide licenses. There is no limit to
                                                 (z) subject heading and paragraph (z)(2)                                                                          will use the parameters found therein.
                                                                                                         the number of non-exclusive nationwide
                                                 to read as follows:                                                                                               ■ 38. Amend § 101.1527 by revising
                                                                                                         licenses that may be granted for these
                                                 § 101.147    Frequency assignments.                     bands, and these licenses will serve as                   paragraph (a) and paragraph (b)
                                                    (a) * * *                                            a prerequisite for registering individual                 introductory text to read as follows:
                                                    95,000,100,000 MHz                                   links.                                                    § 101.1527 Canadian and Mexican
                                                    102,000–109,500 MHz                                  ■ 34. Amend § 101.1505 by adding
                                                                                                                                                                   coordination.
                                                    111,800–114,250 MHz                                  paragraph (c) to read as follows:
                                                    122,250–123,000 MHz                                                                                              (a) A licensee of bands 71–76 GHz,
                                                    130,000–134,000 MHz                                  § 101.1505    Segmentation plan.                          81–86 GHz, 92–95 GHz, 95–100 GHz,
                                                    141,000–148,500 MHz                                  *     *    *     *    *                                   102–109.5 GHz, 111.8–114.25 GHz,
                                                    151,500–158,500 MHz                                    (c) An entity may request any portion                   122.25–123 GHz, 130–134 GHz, 141–
                                                    174,500–174,800 MHz                                  of the 95–100 GHz, 102–109.5 GHz,                         148.5 GHz, 151.5–158.5 GHz, 174.5–
                                                    231,500–232,000 MHz                                  111.8–114.25 GHz, 122.25–123 GHz,                         174.8 GHz, 231.5–232 GHz, and 240–
                                                    240,000–241,000 MHz                                  130–134 GHz, 141–148.5 GHz, 151.5–                        241 GHz must comply with § 1.928(f) of
                                                 *      *     *     *     *                              158.5 GHz, 174.5–174.8 GHz, 231.5–232                     this chapter, which pertains to
                                                    (z) 71–76 GHz, 81–86 GHz, 92–94                      GHz, and 240–241 GHz bands.                               coordination with Canada.
                                                 GHz, 94.1–95 GHz, 95–100 GHz, 102–                      ■ 35. Revise § 101.1507 to read as                          (b) A licensee of bands 71–76 GHz,
                                                 109.5 GHz, 111.8–114.25 GHz, 122.25–                    follows:                                                  81–86 GHz, 92–95 GHz, 95–100 GHz,
                                                 123 GHz, 130–134 GHz, 141–148.5 GHz,                                                                              102–109.5 GHz, 111.8–114.25 GHz,
                                                 151.5–158.5 GHz, 174.5–174.8 GHz,                       § 101.1507    Permissible operations.
                                                                                                                                                                   122.25–123 GHz, 130–134 GHz, 141–
                                                 231.5–232 GHz, and 240–241 GHz.                           Licensees may use the 71–76 GHz,                        148.5 GHz, 151.5–158.5 GHz, 174.5–
                                                 *      *     *     *     *                              81–86 GHz, 92–95 GHz, 95–100 GHz,                         174.8 GHz, 231.5–232 GHz, and 240–
                                                    (2) Prior links shall be protected using             102–109.5 GHz, 111.8–114.25 GHz,                          241 GHz must coordinate with Mexico
                                                 the interference protection criteria set                122.25–123 GHz, 130–134 GHz, 141–                         in the following situations:
                                                 forth in § 101.105. For transmitters                    148.5 GHz, 151.5–158.5 GHz, 174.5–
                                                                                                                                                                   *     *     *    *     *
                                                 employing digital modulation                            174.8 GHz, 231.5–232 GHz, and 240–
                                                                                                         241 GHz bands for any point-to-point,                     [FR Doc. 2018–06179 Filed 3–30–18; 8:45 am]
                                                 techniques and operating in the 71–76
                                                 GHz, 81–86 GHz, 95–100 GHz, 102–                        non-broadcast service. The segments                       BILLING CODE 6712–01–P

                                                 109.5 GHz, 111.8–114.25 GHz, 122.25–                    may be unpaired or paired, but pairing
                                                 123 GHz, 130–134 GHz, 141–148.5 GHz,                    will be permitted only in a standardized
                                                                                                         manner (e.g., 71–72.25 GHz may be                         FEDERAL COMMUNICATIONS
                                                 151.5–158.5 GHz, 174.5–174.8 GHz,                                                                                 COMMISSION
                                                 231.5–232 GHz, and 240–241 GHz                          paired only with 81–82.25 GHz, and so
                                                 bands, the licensee must construct a                    on). The segments may be aggregated
                                                                                                                                                                   47 CFR Part 73
                                                 system that meets a minimum bit rate of                 without limit.
                                                                                                         ■ 36. Amend § 101.1523 by revising                        [MB Docket No. 18–23; FCC 18–20]
                                                 0.125 bits per second per Hertz of
                                                 bandwidth. For transmitters that operate                paragraph (a) to read as follows:
                                                                                                                                                                   Elimination of Obligation To File
                                                 in the 92,000–94,000 MHz or 94,100–                     § 101.1523 Sharing and coordination                       Broadcast Mid-Term Report (Form 397)
                                                 95,000 MHz bands, licensees must                        among non-Government licensees and                        Under Section 73.2080(f)(2)
                                                 construct a system that meets a                         between non-Government and Government
                                                 minimum bit rate of 1.0 bit per second                  services.                                                 AGENCY:  Federal Communications
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 per Hertz of bandwidth. If it is                          (a) Registration of each link in the 71–                Commission.
                                                 determined that a licensee has not met                  76 GHz, 81–86 GHz, 92–95 GHz, 95–100                      ACTION: Propose rule; correction.
                                                 these loading requirements, then the                    GHz, 102–109.5 GHz, 111.8–114.25
                                                 database will be modified to limit                      GHz, 122.25–123 GHz, 130–134 GHz,                         SUMMARY:  This document corrects the
                                                 coordination rights to the spectrum that                141–148.5 GHz, 151.5–158.5 GHz,                           preamble to a proposed rule published
                                                 is loaded and the licensee will lose                    174.5–174.8 GHz, 231.5–232 GHz, and                       in the Federal Register on March 21,
                                                 protection rights on spectrum that has                  240–241 GHz bands will be in the                          2018 regarding the EEO Broadcast Mid-
                                                 not been loaded.                                        Universal Licensing System until the                      Term Report. The comment periods in


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Document Created: 2018-11-01 09:08:35
Document Modified: 2018-11-01 09:08:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments are due May 2, 2018. Reply comments are due May 17, 2018.
ContactMichael Ha, Office of Engineering and Technology, 202-418-2099, [email protected]
FR Citation83 FR 13888 
CFR Citation47 CFR 101
47 CFR 15
47 CFR 1
47 CFR 2
47 CFR 5
CFR AssociatedEnvironmental Impact Statements; Communications Equipment and Radio; Radio and Reporting and Recordkeeping Requirements and Radio

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