[Federal Register: August 25, 2003 (Volume 68, Number 164)]
[Rules and Regulations]
[Page 50972-50973]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au03-3]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 15
[ET Docket No. 98-156; FCC 03-175]
Certification of Equipment in the 24.05-24.25 GHz Band at Field
Strengths up to 2500 mV/m
AGENCY: Federal Communications Commission.
ACTION: Final rule; termination.
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SUMMARY: In this document, the Commission affirms the decision to allow
the unlicensed operation of fixed point-to-point transmitters in the
24.05-24.25 GHz band at field strengths up to 2500 mV/m under amended
provisions of the Commission's rules. In the course of taking this
action, the Commission also denies the petition for reconsideration
filed by the National Association for Amateur Radio (ARRL) that
challenged the decision to allow the described operation on an
unlicensed basis. Because the MO&O resolves all pending matters in this
proceeding, the Commission terminates this proceeding.
ADDRESSES: Office of the Secretary, Federal Communications Commission,
445 12th Street, SW., TW-A325, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Gary Thayer, Office of Engineering and
Technology, (202) 418-2290, TTY (202) 418-2989, e-mail:
gary.thayer@fcc.gov; Neal McNeil, Office of Engineering and Technology,
(202) 418-2408, e-mail: neal.mcneil@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Memorandum Opinion and Order, ET Docket No. 98-156, FCC 03-175, adopted
July 15, 2003, and released July 21, 2003. The full text of this
Commission decision is available on the Commission's Internet site at
www.fcc.gov. It is available for inspection and copying during normal
business hours in the FCC Reference Information Center, Room CY-A257,
445 12th Street, SW., Washington, DC 20554. The complete text of this
document also may be purchased from the Commission's copy contractor,
Qualex International, 445 12th Street, SW., Room CY-B402, Washington,
DC 20554. Alternative formats are available to persons with
disabilities by contacting Brian Millin at (202) 418-7426 or TTY (202)
418-7365.
Summary of the Memorandum Opinion and Order
1. In the Report and Order (R&O) in this proceeding, ET Docket No.
98-156, 67 FR 1,623, January 14, 2002, the Commission amended Sec.
15.249 of the Commission's rules to allow unlicensed operation of fixed
point-to-point transmitters in the 24.05-24.25 GHz band with field
strengths up to 2500 mV/m. The Commission further decided that such
devices must use directional antennas with gains of at least 33 dBi or
a main lobe beamwidth not exceeding 3.5 degrees. The Commission also
adopted strict frequency stability requirements to limit out-of-band
emissions to minimal levels. The Commission concluded that it is in the
public interest to allow such operation on an unlicensed basis to
supplement the growing demand for licensed point-to-point facilities
that satisfy important communications needs. For example, the
Commission concluded that increasing the field strength limit would
promote greater use of part 15 unlicensed devices for emergency
restoration of communications in disaster situations, low-cost
telecommunications delivery in rural areas, and other beneficial
applications.
2. By this Memorandum Opinion and Order, the Commission affirms the
decision made in the R&O to allow the unlicensed operation of fixed
point-to-point transmitters in the 24.05-24.25 GHz band at field
strengths up to 2500 mV/m under amended provisions of Sec. 15.249 in
part 15 of the Rules. The Commission affirms the central technical
finding made in the R&O namely, that devices having field strengths up
to 2500 mV/m and conforming to the specified directional antenna
requirements are suitable for unlicensed operation under part 15 in the
24.05-24.25 GHz band. In particular, the Commission affirms the
conclusion that devices operating within these requirements will not
increase the interference potential to licensed amateur services in the
band.
3. In the course of affirming its decision in the R&O, the
Commission also denies the petition for reconsideration filed by the
National Association for Amateur Radio (ARRL) that challenged the
propriety of the described operation in the 24.05-24.25 GHz band on an
unlicensed basis. Because the unlicensed operation provided for by the
R&O will not increase the interference potential to licensed amateur
services in the band, the Commission finds no merit in ARRL's argument
that the Commission violated 47 U.S.C. 301 of the Communications Act in
authorizing the unlicensed operation under part 15 of the Commission's
rules. Furthermore, the Commission affirms that the rules adopted in
the R&O are reasonable for
[[Page 50973]]
regulating the unlicensed operation that was authorized under part 15
in this proceeding. Finally, since the MO&O resolves all pending
matters in this proceeding, the Commission terminates this proceeding.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 03-21618 Filed 8-22-03; 8:45 am]
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