[Federal Register: March 24, 2004 (Volume 69, Number 57)]
[Rules and Regulations]
[Page 13746-13758]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr04-12]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 2
[ET Docket No. 03-102; FCC 04-20]
Above 76 GHz
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Commission reallocated spectrum in the
76-81 GHz frequency band and the frequency bands above 95 GHz to
conform the United States Table of Frequency Allocations with recent
changes to the International Table of Frequency Allocations maintained
by the International Telcommunication Union. In order to protect
passive services in the 55.78-56.26 GHz band, the Commission also
adopted a limit on the maximum power spectral density that can be
delivered to a fixed service transmitter antenna.
DATES: Effective April 23, 2004.
FOR FURTHER INFORMATION CONTACT: Shameeka Hunt, Office of Engineering
and Technology, (202) 418-2062, email: Shameeka.Hunt@fcc.gov
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, ET Docket No. 03-102, FCC 04-20, adopted February 4, 2004,
and released February 12, 2004. The full text of this Commission
decision is available on the Commission's Internet site at http://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, Room CY-B402, 445 12th Street, SW., Washington, DC
20554. Alternate formats are available to persons with disabilities by
contacting Brian Millin at (202) 418-7426 or TTY (202) 418-7365.
Summary of the Report and Order
1. In the Report and Order, the Commission amended part 2 of the
Commission's rules to realign spectrum in the 76-81 GHz frequency band
and the frequency bands above 95 GHz to conform the United States Table
with international allocation changes made at WRC-2000. The Commission
also set a maximum power spectral density limit in the 55.78-56.26 GHz
band to protect passive services.
2. Above 76 GHz. The Commission found that implementing the
allocation changes from WRC-2000 in these bands was necessary to
provide EESS and RAS operations with the flexibility to operate in
spectrum suited to meet their needs. This action also promoted
consistency between the U.S. Table and the International Table.
3. Regarding the 76-77 GHz band, the Commission recognized that
vehicular radar operations in this band may be able to increase the
level of safety on highways and benefit the public. The Commission
agreed with commenters that sharing between RAS and SRS and vehicular
radar operations was possible. Therefore, the 76-77 GHz band was
allocated to the RAS on a primary basis and to the SRS on a secondary
basis, as proposed.
4. In addition, the Commission found evidence of potential
interference conflicts between the amateur-satellite service and
vehicular radar systems. On this basis, it was anticipated that an
amateur earth station could either receive interference to its
operations or cause interference to a passing vehicular radar device.
Therefore, the proposed secondary amateur-satellite allocation for the
76-77 GHz band as not implemented. However, the existing secondary
amateur service allocation was retained, noting that the existing
secondary amateur service allocation in this band was currently
suspended and restricted until technical sharing criteria was developed
to address potential sharing problems in this band. The Commission also
found that not allowing amateur operations in the 76-77 GHz band was
not a significant burden on this service because amateurs typically do
not operate at these higher frequencies and they are permitted to
operate in the adjacent 77-81 GHz band.
5. Regarding the 77-81 GHz segment, the Commission adopted
domestically the RAS and SRS allocations as proposed in the Notice of
Proposed Rule Making (NPRM), 68 FR 33043, June 3, 2003. Also, the
Commission adopted the proposal set forth in the NPRM to realign
spectrum in the bands above 95 GHz. This realignment would have little
impact on the small number of systems that are currently implemented in
these bands and no parties filed comments opposing these changes. It
was found that potential interference conflicts between allocations or
development of technical sharing criteria would be addressed, as
appropriate, as future applications are developed or through the
development of service rules.
6. Finally, the Commission deleted the seven United States
footnotes that were adopted in the Table Clean-up Order in DA No. 02-
1872, 67 FR 59601, September 23, 2002, for the purpose of maintaining
the status quo for the U.S. Table, since the Report and Order adopted
the realignment of WRC-2000, these footnotes no longer applied.
7. Maximum Power Density in the Band 55.78-56.26 GHz. The
Commission found that the current state of the art output power for
fixed systems operating in this spectrum was still several dB less than
the power that
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would be permitted under the output power limit of -28.5 dB(W/MHz) that
was recommended. It was noted that no licenses had been issued for
operation in the fixed service in the 55.78-56.26 GHz band and that the
Commission had only granted a few experimental licenses in this
spectrum. Therefore, to protect EESS from unaccepted interference from
fixed and mobile operations, footnote US379 was adopted, which limited
the maximum power density delivered to fixed service transmitter
antennas to -28.5 dB(W/MHz)
Final Regulatory Flexibility Analysis
8. As required by the Regulatory Flexibility Act (``RFA''),\1\ the
Commission incorporated an Initial Regulatory Flexibility Analysis
(``IRFA'') in the Notice of Proposed Rulemaking and Order (``NPRM''),
ET Docket No. 03-102.\2\ The Commission sought written public comments
on the proposals in the NPRM, including the IRFA. The Final Regulatory
Flexibility Analysis (``FRFA'') in the Report and Order conforms to the
RFA, as amended by the Contract With America Advancement Act of 1996
(``CWAAA''), Public Law 104-121, 110 Stat. 847 (1996).
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\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has
been amended by the Contract With America Advancement Act of 1996,
Public Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the
CWAAA is the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA).
\2\ See Notice of Proposed Rule Making and Order, 18 FCC Rcd
8347 (2003).
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9. 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 action taken.\3\ The RFA generally defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.''\4\ In addition, the term ``small business'' has the
same meaning as the term ``small business concern'' under the Small
Business Act.\5\ A small business concern is one that: (1) Is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) meets any additional criteria established by the
Small Business Administration (``SBA'').\6\ A small organization is
generally ``any not-for-profit enterprise which is independently owned
and operated and is not dominant in its field.''\7\ Nationwide, as of
1992, there were approximately 275,801 small organizations.\8\ Finally,
``small governmental jurisdiction'' generally means ``governments of
cities, counties, towns, townships, villages, school districts, or
special districts, with a population of less than 50,000.''\9\
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\3\ 5 U.S.C. 603(b)(3).
\4\ Id. 601(6).
\5\ 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).
\6\ Small Business Act, 15 U.S.C. 632.
\7\ 5 U.S.C. 601(4).
\8\ 1992 Economic Census, U.S. Bureau of the Census, Table 6
(special tabulation of data under contract to Office of Advocacy of
the U.S. Small Business Administration).
\9\ 5 U.S.C. 601(5).
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10. The Commission will send a copy of this Final Regulatory
Flexibility Analysis, along with this Report and Order, in a report to
be sent to Congress pursuant to the Congressional Review Act, 5 U.S.C.
801(a)(1)(A). In addition, the Commission will send a copy of this
Report and Order, including this FRFA, to the Chief Counsel for
Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 2
Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR part 2 as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
1. 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
2. Section 2.106, the Table of Frequency Allocations, is amended as
follows:
0
a. Revise pages 79 and 81 through 89 and remove page 90.
0
b. In the list of International Footnotes, remove footnotes 5.563 and
917; remove headings ``I: New Numbering Scheme'' and ``II: Old
Numbering Scheme''; and remove Note immediately following the heading
``INTERNATIONAL FOOTNOTES.''
0
c. In the list of United States (US) Footnotes, revise footnotes US74,
US211, US246, US263, and US342; remove footnotes US369, US371, US372,
US373, US374, US375, and US376; and add footnote US379.
The revisions and addition read as follows:
Sec. 2.106 Table of Frequency Allocations.
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* * * * *
United States (US) Footnotes
* * * * *
US74 In the bands 25.55-25.67, 73.0-74.6, 406.1-410.0, 608-614,
1400-1427, 1660.5-1670.0, 2690-2700, and 4990-5000 MHz, and in the
bands 10.68-10.7, 15.35-15.4, 23.6-24.0, 31.3-31.5, 86-92, 100-102,
109.5-111.8, 114.25-116, 148.5-151.5, 164-167, 200-209, and 250-252
GHz, the radio astronomy service shall be protected from extraband
radiation only to the extent that such radiation exceeds the level
which would be present if the offending station were operating in
compliance with the technical standards or criteria applicable to the
service in which it operates. Radio astronomy observations in these
bands are performed at the locations listed in US311.
* * * * *
US211 In the bands 1670-1690, 5000-5250 MHz and 10.7-11.7, 15.1365-
15.35, 15.4-15.7, 22.5-22.55, 24-24.05, 31.0-31.3, 31.8-32.0, 40.5-
42.5, 116-122.25, 123-130, 158.5-164, 167-168, 191.8-200, and 252-265
GHz, applicants for airborne or space station assignments are urged to
take all practicable steps to protect radio astronomy observations in
the adjacent bands from harmful interference; however, US74 applies.
* * * * *
US246 No station shall be authorized to transmit in the following
bands: 73-74.6 MHz, 608-614 MHz, except for medical telemetry
equipment,\1\ 1400-1427 MHz, 1660.5-1668.4 MHz, 2690-2700 MHz, 4990-
5000 MHz, 10.68-10.7 GHz, 15.35-15.4 GHz, 23.6-24 GHz, 31.3-31.8 GHz,
50.2-50.4 GHz, 52.6-54.25 GHz, 86-92 GHz, 100-102 GHz, 109.5-111.8 GHz,
114.25-116 GHz, 148.5-151.5 GHz, 164-167 GHz, 182-185 GHz, 190-191.8
GHz, 200-209 GHz, 226-231.5 GHz, 250-252 GHz.
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\1\ Medical telemetry equipment shall not cause harmful
interference to radio astronomy operations in the band 608-614 MHz
and shall be coordinated under the requirements found in 47 CFR
95.1119.
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* * * * *
US263 In the bands 21.2-21.4 GHz, 22.21-22.5 GHz, 36-37 GHz, and
56.26-58.2 GHz, the space research and Earth exploration-satellite
services shall not receive protection from the fixed and mobile
services operating in accordance with the Table of Frequency
Allocations.
* * * * *
US342 In making assignments to stations of other services to which
the bands:
13360-13410 kHz 14.47-14.5 GHz 128.33-128.59 GHz
25550-25670 kHz 22.01-22.21 GHz 129.23-129.49 GHz
37.5-38.25 MHz 22.21-22.5 GHz 130-134 GHz
322-328.6 MHz 22.81-22.86 GHz 136-148.5 GHz
1330-1400 MHz 23.07-23.12 GHz 151.5-158.5 GHz
1610.6-1613.8 MHz 31.2-31.3 GHz 168.59-168.93 GHz
1660-1660.5 MHz 36.43-36.5 GHz 171.11-171.45 GHz
1668.4-1670 MHz 42.5-43.5 GHz 172.31-172.65 GHz
3260-3267 MHz 48.94-49.04 GHz 173.52-173.85 GHz
3332-3339 MHz 76-86 GHz 195.75-196.15 GHz
3345.8-3352.5 MHz 92-94 GHz 209-226 GHz
4825-4835 MHz 94.1-100 GHz 241-250 GHz
4950-4990 MHz 102-109.5 GHz 252-275 GHz
6650-6675.2 MHz 111.8-114.25 GHz
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are allocated, all practicable steps shall be taken to protect the
radio astronomy service from harmful interference. Emissions from
spaceborne or airborne stations can be particularly serious sources of
interference to the radio astronomy service (see Nos. 4.5 and 4.6 and
Article 29 of the ITU Radio Regulations).
* * * * *
US379 In the band 55.78-56.26 GHz, in order to protect stations in
the Earth exploration-satellite service (passive), the maximum power
density delivered by a transmitter to the antenna of a fixed service
station is limited to-28.5 dB(W/MHz).
[FR Doc. 04-6206 Filed 3-23-04; 8:45 am]
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