[Federal Register: May 24, 2004 (Volume 69, Number 100)]
[Rules and Regulations]
[Page 29459-29464]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my04-13]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0 and 15
[ET Docket No. 01-278; FCC 04-98]
Radio Frequency Identification
AGENCY: Federal Communications Commission
ACTION: Final rule.
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SUMMARY: This document allows for operation of improved radio frequency
identification (RFID) systems in the 433.5-434.5 MHz (``433 MHz'')
band. Specifically, we are increasing the maximum permitted field
strength and transmission duration for 433 MHz RFID systems used to
identify the contents of commercial shipping containers in commercial
and industrial areas to allow more rapid and reliable data
transmission. Such improved RFID systems could benefit commercial
shippers and have significant homeland security benefits by enabling
the entire contents of shipping containers to be easily and immediately
identified, and by allowing a determination of whether tampering with
their contents has occurred during shipping.
DATES: Effective June 23, 2004, except for Sec. 15.240 which contains
information collection requirements that have not been approved by the
Office of Management and Budget. Written comments by the public on the
new or modified information collection requirements must be submitted
on or before July 23, 2004. Written comments must be submitted by the
Office of Management and Budget on the information collection
requirements on or before July 23, 2004. The Federal Communications
Commission will publish a document in the Federal Register announcing
the effective date of Sec. 15.240.
ADDRESSES: Comments on the information collection requirements should
be addressed to the Office of the Secretary, Federal Communications
Commission, 445 12th Street, SW., Washington, DC 20554. In addition to
filing comments with the Secretary, a copy should be submitted to
Leslie Smith, Federal Communications Commission, Room 1-C804, 445 12th
Street, SW., Washington, DC 20554, or via Internet to
Leslie.Smith@fcc.gov, and to Kristy L. LaLonde, OMB Desk Officer, 10234
NEOB, 725 17th Street, NW., Washington, DC 20503 or via the Internet to
Kristy_L._LaLonde@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: Hugh Van Tuyl, Office of Engineering
and Technology, (202) 418-7506, e-mail Hugh.VanTuyl@fcc.gov, TTY (202)
418-2989. For additional information concerning the information
collection requirements, contact Leslie Smith, Federal Communications
Commission, Room 1-C804, 445 12th Street, SW., Washington, DC 20554, at
(202) 418-0217 or via the Internet to Leslie.Smith@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third
Report and Order, ET Docket No. 01-278, FCC 04-98, adopted April 15,
2004 and released April 23, 2004. The full text of this document is
available on the Commission's Internet site at http://www.fcc.gov. It is also
available for inspection and copying during regular business hours in
the FCC Reference Center (Room CY-A257), 445 12th Street., SW.,
Washington, DC 20554. The full text of this document also may be
purchased from the Commission's duplication contractor, Qualex
International, Portals II, 445 12th St., SW., Room CY-B402, Washington,
DC 20554; telephone (202) 863-2893; fax (202) 863-2898; e-mail
qualexint@aol.com.
Summary of the Third Report and Order
1. In the Third Report and Order, the Commission adopted
regulations to allow for operation of improved radio frequency
identification (RFID) systems in the 433.5-434.5 MHz (``433 MHz'')
band. Specifically, we are increasing the maximum permitted field
strength and transmission duration for 433 MHz RFID systems used to
identify the contents of commercial shipping
[[Page 29460]]
containers in commercial and industrial areas to allow more rapid and
reliable data transmission. Such improved RFID systems could benefit
commercial shippers and have significant homeland security benefits by
enabling the entire contents of shipping containers to be easily and
immediately identified, and by allowing a determination of whether
tampering with their contents has occurred during shipping.
2. RFID systems use radio signals to track and identify items such
as shipping containers and merchandise in stores. A system typically
consists of a tag mounted on the item to be identified, and a
transmitter/receiver unit that interrogates the tag and receives
identification data back from the tag. The tag may be a self-powered
transmitter, or it may receive power from the interrogating transmitter
and re-radiate an RF signal to the receiver. RFID systems can operate
in a number of frequency bands under part 15 of the rules, such as the
13.110-14.010 MHz (13.56 MHz) and 902-928 MHz bands. RFID systems can
also operate in the 40.66-40.70 MHz band and above 70 MHz.
3. On October 15, 2001, the Commission adopted a Notice of Proposed
Rule Making and Order, (NPRM), 66 FR 59209, November 27, 2001, in this
proceeding that proposed a number of changes to part 15 and other parts
of the rules. These proposals were based on recommendations contained
within the Biennial Regulatory Review 2000 Updated Staff Report, staff
recommendations, and two petitions for rule making concerning RFID
systems. The petitions for rule making were filed by the National
Council for Information Technology Standardization Technical Committee
B10 (``NCITS B10'') and Savi Technology, Inc. (Savi). The NCITS B10
petition requested rule changes for RFID systems operating in the 13.56
MHz band, and the Savi petition requested rule changes for RFID systems
operating at 433 MHz.
4. Savi requests that the Commission modify the requirements in
Sec. 15.231 of the rules for RFID systems operating at 433 MHz. This
section allows the operation of intentional radiators, including RFID
systems, in the 40.66-40.70 MHz band and at any frequency above 70 MHz,
except in designated restricted bands. There are two separate
provisions for operation under this section. The first provision, in
paragraph (a) of this rule section, contains operational requirements
for devices that transmit control signals, such as those used with
alarm systems, door openers and remote switches. A device operated
under this paragraph must cease transmission within 5 seconds after
being activated automatically or after a manually operated switch is
released. Continuous transmissions such as voice and video are not
permitted. Data is permitted to be transmitted with a control signal.
Periodic transmissions at regular predetermined intervals are not
permitted except for transmissions of not more than two seconds per
hour per transmitter to verify the integrity of security transmitters
in a system. The second provision, in Sec. 15.231(e), allows any type
of transmission, including data and transmissions at regular periodic
intervals. However, the field strength limits for devices operating
under the provisions of paragraph (e) are lower than the field strength
limits for devices operating under the provisions of paragraph (a). In
addition, the provisions of paragraph (e) limit transmissions to no
more than one second, with a silent period between transmissions of at
least 30 times the duration of the transmission, but in no case less
than 10 seconds. The field strength limits for intentional radiators
operating under either provision in this section are based on the
average value of the measured emissions. The peak level of emissions
must comply with a limit of 20 dB (ten times) higher than emission
limits specified in Sec. 15.231.
5. In the NPRM, the Commission proposed to create a new rule
section for RFID systems operating in the 425-435 MHz band. The
proposed rule would allow RFID tags to transmit data at the higher
level normally permitted for control signals, with an average field
strength of 11,000 [mu]V/m and a peak field strength of 110,000 [mu]V/m
measured at a distance of 3 meters. Out-of-band emissions would have to
meet the current limit in Sec. 15.209. The Commission proposed to
limit transmissions to 120 seconds with at least a 10 second silent
period between transmissions, and to permit retransmissions in case of
data errors. It also proposed to allow powered tags and readers to be
approved either separately or under a single application, as proposed
in the NPRM for RFID devices operating in the 13.56 MHz band. These
proposals were intended to allow greater range for 433 MHz RFID systems
and to allow data to be transferred from an RFID tag more quickly.
6. We are implementing these changes by adding a new rule section
specifically for RFID systems operating in the band 433.5-434.5 MHz
that contains the technical and operational requirements for these
devices. The field strength limits will be 11,000 [mu]V/m average and
55,000 [mu]V/m peak, measured at a distance of 3 meters. The maximum
permitted transmission duration will be 60 seconds rather than 120
seconds as proposed in the NPRM, with a ten second silent period
between transmissions. While this change will result in somewhat slower
data transmission speeds in cases where all the data in a device cannot
be transmitted within 60 seconds, it represents a substantial
improvement in speed over that which the current rules allow. In
recognition of the fact that data transmission errors may occasionally
occur, re-transmission of data will be permitted in case of
transmission error without the need for a ten second silent period. As
proposed in the NPRM, we are adopting the current out-of-band emission
limits in Sec. 15.209 for 433 MHz RFID devices because these limits
have a long and successful history of controlling interference.
7. We recognize that the interference concerns raised with respect
to 433 MHz RFID systems can be largely ameliorated by restricting the
locations where they operate and the types of uses permitted. Such
restrictions will limit the use of 433 MHz RFID systems to locations
where they will not operate in close proximity to other users on the
same frequency. Accordingly, we are restricting operation under the new
RFID rule to the identification of the contents of commercial shipping
containers. Voice communications will not be permitted. Further, we
will require that operations be limited to commercial and industrial
areas such as ports, rail terminals and warehouses. These requirements
are essentially consistent with the conditions that Savi proposed and
with which NTIA agreed that limit the types of devices and their
operating locations to RFID systems used in commercial and industrial
areas. We do not believe that these restrictions will inhibit the
development of this technology for important homeland security
applications. We are permitting two-way operation by 433 MHz RFID
devices as currently allowed for remote control devices. Two-way
operation will make RFID devices more useful by allowing a single
device to both read data from, and write data to, remote devices. For
example, an interrogator that reads data from a tag in a shipping
container could also be used to update the data stored in the tag when
items are added to or removed from the container. As proposed in the
NPRM and consistent with our actions in the Second Report and Order, 68
FR 68531, December 9, 2003, for 13.56 MHz
[[Page 29461]]
RFID tags, we will allow 433 MHz RFID tags to be approved either as
part of a system with a tag reader under one FCC identification number,
or under separate FCC identification numbers. Allowing powered tags and
readers to be approved together will simplify the filing requirements
in cases where the devices are always sold together, and permitting
tags and readers to be approved separately will provide increased
flexibility to manufacturers by permitting the sale of different
combinations of tags and readers.
8. In the NPRM, the Commission proposed to require that 433 MHz
RFID devices be self-contained with no external or readily accessible
controls that may be adjusted to cause operation out of compliance with
the rules, and proposed to require that devices have permanently
attached antennas that are not readily modifiable by the user. Upon
further consideration, we find that it is not necessary to specify
these requirements in the final rules. Section 15.15(b) already
prohibits readily accessible controls that can cause a device to
operate in violation of the rules. Further, Sec. 15.203 specifies that
intentional radiators must have either a permanently attached antenna
or other means to prevent a user from installing an antenna that causes
a device to operate in violation of the rules. Because the existing
rules provide adequate safeguards against these types of changes, the
proposed requirements concerning external adjustments and antenna
substitutions are not necessary.
9. NTIA requested that operation of 433 MHz RFID systems be
prohibited for a distance of 40 kilometers around five Federal
Government radar sites to prevent harmful interference to radar
operations. NTIA supplied a list of these locations and their
geographic coordinates that is shown in Appendix A of the Third Report
and Order. None of the five sites are within 40 kilometers of large
metropolitan areas. Such a prohibition will still allow 433 MHz RFID
tags to be used in the vast majority of commercial and industrial areas
in the United States. In light of the need to protect government radar
operations from interference, we are prohibiting 433 MHz RFID operation
within 40 kilometers of these five radar sites. The coordinates of
these sites are specified in rule changes.
10. Consistent with NTIA's letter stating the need to protect
critical government radar operations from interference, we are
requiring grantees to register the locations of users of 433 MHz RFID
systems with the Commission. Registration of 433 MHz RFID systems is
not a coordination, pre-approval, or licensing process, and it is not
intended to give unlicensed devices protection from interference from
other unlicensed devices. Rather, registration will allow the
Commission and NTIA to monitor the deployment of 433 MHz RFID systems
and help pinpoint the source of interference to government operations
in case such interference occurs. The information that the grantee must
supply to the Commission in registering the devices shall include the
name, address, telephone number and e-mail address of the user, the
address and geographic coordinates of the operating location, and the
FCC identification number of the device. The user will be responsible
for submitting updated information in the event the operating location
or other information changes after the initial registration. The
registration information must be submitted to the Commission's Office
of Engineering and Technology at the address provided in Sec. 15.240
of the rules. The Commission will provide this information to NTIA. As
a condition of the grant, we will require the grantee of an equipment
authorization for a 433 MHz RFID device to inform purchasers of the
locations where the devices may and may not be used, i.e., that they
may be used only in commercial and industrial areas, and that they may
not be used within 40 kilometers of the five Federal Government radar
sites specified in the rules. We are also requiring grantees to notify
users of their responsibility to register any changes in the operating
location of devices or other registration information with the
Commission.
11. We are also requiring grantees to register the locations of 433
MHz RFID system users as NTIA requests raises confidentiality issues
for grantees. Savi states that a list of users and locations where
equipment is used would likely be company sensitive information and
that access should be restricted by password protection or otherwise
limited to personnel at NTIA, the Department of Defense (DoD) or the
Commission. We recognize Savi's concern that such a list would be
commercial and/or financial information that a manufacturer would want
to remain confidential because it would be the manufacturer's customer
list and could indicate approximately how many units of a device have
been sold. Consistent with statute, the Commission does not make
certain information available for public inspection, including trade
secrets and commercial and financial information that are privileged
and confidential. The rules explicitly list certain types of materials
in the category of trade secrets and commercial and financial
information that are automatically afforded certain degrees of
protection from public inspection. If material in this category is not
explicitly listed as being protected from public inspection, the party
submitting the material to the Commission must accompany it with a
request for non-disclosure if it wants the material to remain
confidential.
12. Because 433 MHz RFID registration information does not fall
into a category that is explicitly listed as being protected from
public inspection, the party supplying registration information would
have to submit a request for confidentiality each time it files with
the Commission, and the Commission would have to act upon each
individual request. We expect that grantees would routinely request
confidentiality for registration information filed with the Commission
because they would consider this to be commercial and financial
information that they do not want made available for public inspection.
Each of these requests would be essentially identical and we expect
that the Commission would grant them because the required registration
information would fall into a category of information that the rules
allow to be held confidential. Rather than process individual
confidentiality requests each time a grantee registers a user's
location or submits updated information, we find that it would be more
efficient to adopt a change to Sec. 0.457(d) of the rules to state
that 433 MHz RFID registration information is not routinely available
for public inspection. This action would save Commission resources that
would be used for processing numerous confidentiality requests and
would be less burdensome on grantees because grantees will not have to
file a request for confidentiality each time new or updated
registration information is submitted to the Commission. Therefore, we
are adding 433 MHz RFID registration information to the list of
materials that are automatically afforded protection from public
inspection. We will, however, make this information available to NTIA,
DoD or other Federal Government entities with a need for it.
13. We have made a number of adjustments from our proposal that
will eliminate any significant risk of interference to garage door
controls. First, we have restricted installation to use at only
commercial and industrial areas for the express purpose of identifying
the contents of shipping containers. Therefore, we do not anticipate
widespread deployment in close proximity to door opener controls.
[[Page 29462]]
Further, we have narrowed the frequency range for RFID systems from the
proposed 10 MHz to 1 MHz. We note that garage door controls can operate
anywhere in the 425-435 MHz band where we originally proposed operation
for RFIDs, thus reducing the likelihood of interference to such
controls. In addition, we have reduced both the peak signal level and
the maximum permitted transmission duration for 433 MHz RFID systems by
a factor of two from the proposed levels, further reducing the
likelihood of interference. We find the arguments that 433 MHz RFID
systems would cause interference unpersuasive in any event because the
signal levels proposed in the NPRM are no greater than the rules permit
for garage door controls. Further, users of unlicensed devices have no
protection from interference from other devices and no vested right to
the continued use of any frequency by virtue of prior certification of
equipment. Because operation of 433 MHz RFID systems will be limited to
commercial and industrial areas such as ports, rail yards and
warehouses, there will generally be substantial geographic separation
between 433 MHz RFID devices and most other devices such as residential
garage door openers that could receive interference. Door opener
controls used in close proximity to 433 MHz RFID devices would most
likely be under the control of the party operating the RFID devices,
who could take appropriate steps in the event interference occurs,
including changing the frequency of a door opener control, if possible,
or ceasing operation of a device that causes interference.
14. We observe that any potential interference to amateur
operations is mitigated for the same reasons discussed for door opener
controls. ARRL expressed concern that the 425-435 MHz band originally
proposed for RFID systems encompasses several bands that it has
designated for weak signal use in its band plan. However, the rules we
are adopting limit 433 MHz RFID systems to the 433.5-434.5 MHz band.
This band is separated by 500 kHz from the nearest weak signal band
listed in ARRL's band plan, thus addressing ARRL's concern about RFID
operation in weak signal bands.
15. The 433.5-434.5 MHz RFID band we are adopting falls within the
433-435 MHz band that ARRL has designated for auxiliary and repeater
links. Auxiliary stations are required by the Commission's rules to
operate on a point-to-point basis and are permitted to operate with a
maximum power of 50 watts. Because point-to-point operations typically
use directional antennas, there is less likelihood of interference from
other sources. The rules we are adopting for 433 MHz RFID systems
reduce the peak transmit level by a factor of 6 dB (two times) from the
proposal, to a level 47 dB (55,000 times) lower than the level
permitted for amateur auxiliary stations, further reducing the
likelihood of interference. Additionally, the rules we are adopting
limit operation to commercial and industrial areas such as ports and
rail yards, so operation will not be permitted in residential areas and
on delivery trucks as many parties expressed concern. While there are
other bands besides 433 MHz where RFID systems could operate, such as
the 902-928 MHz and 2400-2483.5 MHz bands, we recognize that there are
advantages to allowing operation in the 433 MHz band. Signals at lower
frequencies, i.e., 433 MHz, are attenuated less passing through
objects, thus allowing more reliable operation. Further, although the
433 MHz band may not be available for use by unlicensed devices
worldwide with the same technical parameters we are adopting for RFID
systems, operation in the 433.05-434.79 MHz band is permitted in
Europe, potentially allowing the development of RFID systems that are
capable of operating in multiple countries.
16. We disagree with ARRL that the Commission lacks authority under
Sec. 301 of the Communications Act to authorize 433 MHz RFID devices
to operate at the power levels adopted on an unlicensed basis because
they will pose a significant potential for interference to licensed
services. ARRL advanced a similar argument in a proceeding concerning
certification of transmitters in the 24.05-24.25 GHz band. The
Commission stated in that proceeding that it need not reach this
statutory argument when it finds no significant interference potential.
It also noted that ARRL concurs that it is appropriate for the
Commission to make reasonable regulations regarding part 15 devices
pursuant to Sec. 302(a) of the Act. Because we find that the rules we
are adopting for 433 MHz RFID systems will not result in an
interference risk to amateur services, we reject ARRL's argument in
this proceeding that the Commission lacks legal authority to adopt such
rules.
Procedural Matters
17. The Third Report and Order contains new or modified information
collections subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. It will be submitted to the Office of Management and
Budget (OMB) for review under Sec. 3507(d) of the PRA. OMB, the
general public, and other Federal agencies are invited to comment on
the new or modified information collection(s) contained in this
proceeding.
Final Regulatory Flexibility Analysis
18. As required by the Regulatory Flexibility Act (RFA),\1\ an
Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the
Notice of Proposed Rule Making and Order, Review of Part 15 and other
Parts of the Commission's Rules (NPRM).\2\ The Commission sought
written public comments on the proposals in the NPRM, including comment
on the IRFA.\3\ The Final Regulatory Flexibility Analysis conforms to
the RFA.\4\
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\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996).
\2\ See Notice of Proposed Rule Making and Order in ET Docket
No. 01-278, 16 FCC Rcd 18205 (2001).
\3\ Id.
\4\ See 5 U.S.C. 604.
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A. Need for, and Objectives of, the Third Report and Order
19. Section 11 of the Communications Act of 1934, as amended, and
Sec. 202(h) of the Telecommunications Act of 1996 require the
Commission (1) to review biennially its regulations pertaining to
telecommunications service providers and broadcast ownership; and (2)
to determine whether economic competition has made those regulations no
longer necessary in the public interest. The Commission is directed to
modify or repeal any such regulations that it finds are no longer in
the public interest.
20. As part of the biennial review for the year 2000, the
Commission reviewed its regulations pertaining to telecommunications
service providers and broadcast ownership and recommended a number of
changes to those rules. While not specifically required by statute, the
Commission also reviewed parts 2, 15 and 18 as part of this process.
21. The Third Report and Order increases the maximum permitted
field strength and transmission duration for radio frequency
identification (RFID) systems operating in the 433.5-434.5 MHz band to
allow more rapid and reliable data transmission. Operation of such
systems is limited to commercial shipping containers in commercial and
industrial areas. Improved RFID systems could benefit commercial
shippers and have significant homeland security benefits by enabling
the entire contents of shipping containers to be easily and immediately
identified, and by allowing
[[Page 29463]]
a determination of whether tampering with the contents has occurred
during shipping.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
22. None.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
23. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the rules adopted herein.\5\ The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' \6\ In addition, the term ``small business'' has the
same meaning as the term ``small business concern'' under the Small
Business Act.\7\ A small business concern is one which: is
independently owned and operated; is not dominant in its field of
operation; and satisfies any additional criteria established by the
SBA.\8\
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\5\ 5 U.S.C. 604.
\6\ 5 U.S.C. 601(6).
\7\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the
RFA, the statutory definition of a small business applies ``unless
an agency, after consultation with the Office of Advocacy of the
Small Business Administration and after opportunity for public
comment, establishes one or more definitions of such term which are
appropriate to the activities of the agency and publishes such
definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
\8\ Small Business Act, 15 U.S.C. 632 (1996).
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24. The SBA has developed small business size standards for two
pertinent Economic Census categories, ``Radio and Television
Broadcasting and Communications Equipment'' (RTB) and ``Other
Communications Equipment,'' both of which consist of all such companies
having 750 or fewer employees.\9\ According to Census Bureau data for
1997, there were a total of 1,215 establishments in the first category,
total, that had operated for the entire year.\10\ Of this total, 1,150
had 499 or fewer employees, and an additional 37 establishments had 500
to 999 employees.\11\ Consequently, we estimate that the majority of
businesses in the first category are small businesses that may be
affected by the rules and policies adopted herein. Concerning the
second category, the data for 1997 show that there were a total of 499
establishments that operated for the entire year.\12\ Of this total,
491 had 499 or fewer employees, and an additional 3 establishments had
500 to 999 employees.\13\ Consequently, we estimate that the majority
of businesses in the second category are small businesses that may be
affected by the rules and policies adopted in the Third Report and
Order.
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\9\ 13 CFR 121.201, NAICS codes 334220, 334290.
\10\ U.S. Census Bureau, 1997 Economic Census, Industry Series:
Manufacturing, Radio and Television and Wireless Communications
Equipment Manufacturing, ``Industry Statistics by Employment Size:
1997,'' Table 4, NAICS code 334220 (issued Aug. 1999). The number of
``establishments'' is a less helpful indicator of small business
prevalence in this context than would be the number of ``firms'' or
``companies,'' because the latter take into account the concept of
common ownership or control. Any single physical business location
is an establishment, and that location and others may be under the
common ownership of a given firm. Thus, the numbers given in text
may reflect inflated numbers of businesses in this category,
including the numbers of small businesses. Census data in this
context are available only for establishments.
\11\ Id.
\12\ U.S. Census Bureau, 1997 Economic Census, Industry Series:
Manufacturing, Other Communications Equipment Manufacturing,
``Industry Statistics by Employment Size: 1997,'' Table 4, NAICS
code 334290 (issued Sept. 1999).
\13\ Id.
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D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
25. Manufacturers of 433 MHz RFID systems will have to obtain
certification for the equipment before it can be marketed. This
requires the manufacturer to have the equipment tested for compliance,
file an application with the Commission or a designated
Telecommunication Certification Body (TCB) and wait for an approval
before the equipment may be imported into or marketed within the United
States. There will be no change to the certification procedure from
what the rules currently require. There will be a new requirement for
the grantee of certification to supply information to the Commission on
where the devices are used. The information that must be submitted
includes the name, address and other pertinent contact information of
the user, the address and geographic coordinates of the operating
location, and the FCC identification number of the device. In addition,
the user of the device will have to notify the Commission of any
changes to this information after the initial registration by the
grantee.
Steps Taken To Minimize Significant Economic Impact on Small Entities,
and Significant Alternatives Considered
26. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): the
establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
the use of performance, rather than design, standards; and an exemption
from coverage of the rule, or any part thereof, for small entities.\14\
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\14\ See 5 U.S.C. 603(c).
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27. The rules specify performance standards for RFID equipment such
as emission levels, as opposed to design standards. Because the rules
are intended to minimize the potential for interference to authorized
services in the 433 MHz band, and it is not possible to exempt small
entities from complying with any requirements without increasing the
risk of harmful interference. We note that a number of entities
expressed concern about the possibility of interference from 433 MHz
RFID systems to door opener controls. As discussed in paragraph 23 of
the Third Report and Order, we have made a number of changes from our
proposals that will eliminate any significant risk of interference to
door opener controls.
28. Report to Congress: The Commission will send a copy of the
Third Report and Order, including this FRFA, in a report to be sent to
Congress pursuant to the Congressional Review Act, see 5 U.S.C.
801(a)(1)(A). In addition, the Commission will send a copy of the Third
Report and Order, including FRFA, to the Chief Counsel for Advocacy of
the Small Business Administration.
Ordering Clauses
29. Pursuant to the authority contained in sections 4(i), 301, 302,
303(e), 303(f) and 303(r) of the Communications Act of 1934, as
amended, 47 U.S.C. sections 154(i), 301, 302, 303(e), 303(f) and
303(r), the Third Report and Order is hereby adopted. The rule changes
set forth in the Third Report and Order contains an information
collection requirement that has not yet been approved by OMB. The FCC
will publish a document in the Federal Register announcing the
effective date of these rule changes.
30. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, Shall send a copy of the Third Report and
Order, including the Final Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the Small Business Administration.
[[Page 29464]]
List of Subjects
47 CFR Part 0
Privacy, Reporting and recordkeeping requirements.
47 CFR Part 15
Communications equipment, Reporting and recordkeeping requirements.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR parts 0 and 15 as follows:
PART 0--COMMISSION ORGANIZATION
0
1. The authority citation for part 0 continues to read as follows:
Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155,
225, unless otherwise noted.
0
2. Add new paragraph (d)(1)(vii) to Sec. 0.457 to read as follows:
Sec. 0.457 Records not routinely available for public inspection.
* * * * *
(d) * * *
(1) * * *
(vii) Information on the users and locations of radio frequency
identification systems submitted to the Commission pursuant to Sec.
15.240 will be made available to other Federal Government agencies but
will not otherwise be made available for inspection.
* * * * *
PART 15--RADIO FREQUENCY DEVICES
0
3. The authority citation for part 15 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a.
0
4. Add Sec. 15.240 to read as follows:
Sec. 15.240 Operation in the band 433.5-434.5 MHz.
(a) Operation under the provisions of this section is restricted to
devices that use radio frequency energy to identify the contents of
commercial shipping containers. Operations must be limited to
commercial and industrial areas such as ports, rail terminals and
warehouses. Two-way operation is permitted to interrogate and to load
data into devices. Devices operated pursuant to the provisions of this
section shall not be used for voice communications.
(b) The field strength of any emissions radiated within the
specified frequency band shall not exceed 11,000 microvolts per meter
measured at a distance of 3 meters. The emission limit in this
paragraph is based on measurement instrumentation employing an average
detector. The peak level of any emissions within the specified
frequency band shall not exceed 55,000 microvolts per meter measured at
a distance of 3 meters. Additionally, devices authorized under these
provisions shall be provided with a means for automatically limiting
operation so that the duration of each transmission shall not be
greater than 60 seconds and be only permitted to reinitiate an
interrogation in the case of a transmission error. Absent such a
transmission error, the silent period between transmissions shall not
be less than 10 seconds.
(c) The field strength of emissions radiated on any frequency
outside of the specified band shall not exceed the general radiated
emission limits in Sec. 15.209.
(d) In the case of radio frequency powered tags designed to operate
with a device authorized under this section, the tag may be approved
with the device or be considered as a separate device subject to its
own authorization. Powered tags approved with a device under a single
application shall be labeled with the same identification number as the
device.
(e) To prevent interference to Federal Government radar systems,
operation under the provisions of this section is not permitted within
40 kilometers of the following locations:
------------------------------------------------------------------------
DoD Radar Site Latitude Longitude
------------------------------------------------------------------------
Beale Air Force Base.......... 39[deg]08'10'' N 121[deg]21' 04'' W
Cape Cod Air Force Station.... 41[deg]45'07'' N 070[deg] 32'17'' W
Clear Air Force Station....... 64[deg]55'16'' N 143[deg] 05'02'' W
Cavalier Air Force Station.... 48[deg] 43'12'' N 097[deg] 54'00'' W
Eglin Air Force Base.......... 30[deg] 43'12'' N 086[deg] 12'36'' W
------------------------------------------------------------------------
(f) As a condition of the grant, the grantee of an equipment
authorization for a device operating under the provisions of this
section shall provide information to the user concerning compliance
with the operational restrictions in paragraphs (a) and (e) of this
section. As a further condition, the grantee shall provide information
on the locations where the devices are installed to the FCC Office of
Engineering and Technology, which shall provide this information to the
Federal Government through the National Telecommunications and
Information Administration. The user of the device shall be responsible
for submitting updated information in the event the operating location
or other information changes after the initial registration. The
grantee shall notify the user of this requirement. The information
provided by the grantee or user to the Commission shall include the
name, address, telephone number and e-mail address of the user, the
address and geographic coordinates of the operating location, and the
FCC identification number of the device. The material shall be
submitted to the following address:
Experimental Licensing Branch, OET, Federal Communications
Commission, 445 12th Street, SW., Washington, DC 20554, ATTN: RFID
Registration.
[FR Doc. 04-11537 Filed 5-21-04; 8:45 am]
BILLING CODE 6712-01-P