[Federal Register: September 7, 2006 (Volume 71, Number 173)]
[Rules and Regulations]
[Page 52747-52750]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07se06-9]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 90 and 95
[WT Docket 01-90; ET Docket 98-95; RM-9096; FCC 06-110]
Amendment of the Commission's Rules Regarding Dedicated Short-
Range Communications Services in the 5.850-5.925 GHz (5.9 GHz Band)
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document the Commission takes certain actions in
response to four petitions for reconsideration filed by 3M Company,
ARINC Incorporated, Intelligent Transportation Society of America and
John Hopkins University of Applied Physics Laboratory. Each petitioner
seeks reconsideration of the Commission's Report and Order, which
adopted licensing and service rules for the Dedicated Short Range
Communications (DSRC) Service in the Intelligent Transportation Systems
(ITS) Radio Service, located in the 5.850-5.925 GHz band (5.9 GHz band)
licensing and service rules for the Dedicated Short Range
Communications (DSRC) Service in the Intelligent Transportation Systems
(ITS) Radio Service located in the 5.850-5.925 GHz band (5.9 GHz band).
DATES: Effective November 6, 2006.
FOR FURTHER INFORMATION CONTACT: Technical Information: Tim Maguire,
Tim.Maguire@FCC.gov, Public Safety and Critical Infrastructure
Division, Wireless Telecommunications Bureau, (202) 418-0680, or TTY
(202) 418-7233. Legal Information: Jeannie Benfaida,
[[Page 52748]]
Jeannie.Benfaida@FCC.gov, Public Safety and Critical Infrastructure
Division, Wireless Telecommunications Bureau (202) 418-0680, or TTY
(202) 418-7233.
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communications Commission's Memorandum Opinion and Order, FCC 06-110,
adopted July 20, 2006 and released on July 26, 2006. The full text of
this document is available for inspection and copying during normal
business hours in the FCC Reference Center, 445 12th Street, SW.,
Washington, DC 20554. The complete text may be purchased from the
Commission's copy contractor, Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY-B402, Washington, DC 20554. The full text may also
be downloaded at: http://www.fcc.gov. Alternative formats are available
to persons with disabilities by contacting Brian Millin at (202) 418-
7426 or TTY (202) 418-7365 or at Brian.Millin@fcc.gov.
1. In the Memorandum Opinion and Order, the Commission takes the
following actions:
Designates Channel 172 (frequencies 5.855-5.865 GHz)
exclusively for vehicle-to-vehicle safety communications for accident
avoidance and mitigation, and safety of life and property applications;
and designate Channel 184 (frequencies 5.915-5.925 GHz) exclusively for
high-power, longer-distance communications to be used for public safety
applications involving safety of life and property, including road
intersection collision mitigation.
Requires licensees to file a notice of construction with
the Commission for each site registered and to clarify that site
priority attaches to prior registered sites that have been fully
constructed within the requisite twelve-month construction period.
Amends the power reduction rule to only apply to DSRC
Roadside Unit antenna height only between eight and fifteen meters,
thereby providing increased flexibility and reduced implementation
costs.
Declines to adopt rules that would implement a software-
based prior frequency coordination protocol that directs or recommends
that licensees use particular service channels, or that would establish
a third party database manager to coordinate and maintain site
registrations.
Declines to amend the current emission mask applicable to
DSRC Class D devices, pending further developments and recommendations
from the ASTM E17.51 DSRC Standards Writing Group.
Declines to adopt rules governing frequency coordination
between DSRC licensees and Fixed Satellite Service (FSS) licensees,
pending results of studies of interference methodology and ongoing
industry discussions.
Declines to adopt a rule establishing a separate class of
On-Board Units to be used exclusively by public safety eligibles, i.e.,
``public safety OBUs.''
Declines to require dual-band DSRC devices to be uniquely
identified in order to be used to provide DSRC services in the 5.9 GHz
band.
I. Procedural Matters
A. Paperwork Reduction Act
2. The order does not contain any new or modified information
collection.
B. Report to Congress
3. The Commission will send a copy of this Memorandum Opinion and
Order in a report to be sent to Congress and the General Accounting
Office pursuant to the Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
C. Supplemental Final Regulatory Flexibility Analysis
4. As required by the Regulatory Flexibility Act (RFA), a
Supplemental Final Regulatory Flexibility Analysis (FRFA) was
incorporated in the DSRC Report and Order. In view of the fact that we
have adopted further rule amendments in this Memorandum Opinion and
Order, we have included this Supplemental Final Regulatory Flexibility
Certification. This Certification conforms to the RFA.
5. The RFA requires that regulatory flexibility analysis be
prepared for rulemaking proceedings unless the agency certifies that
``the rule will not, if promulgated, have a significant economic impact
on a substantial number of small entities.'' The RFA generally defines
``small entity'' as having the same meaning as the term ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A small business concern is one which: (1) Is independently owned
and operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the Small Business
Administration (SBA).
6. This Memorandum Opinion and Order amends our rules to require
licensees to file a notice of construction to the Commission for each
site registered and clarify that site priority attaches to prior
registered sites that have fully constructed within the twelve month
construction period; amends the antenna height correction factor
adopted for DSRC to increase flexibility and reduce implementation
costs to public safety, and designates Channel 172 (5.855-5.865 GHz)
for vehicle-to-vehicle safety communications for accident avoidance and
mitigation, and Channel 184 (5.915-5.925 GHz) for high-power, longer-
distance communications for public safety applications and road
intersection vehicular collision mitigation. These rule changes are not
expected to affect the cost of DSRC equipment or implementation.
Therefore, we certify that the requirements of this Memorandum Opinion
and Order will not have a significant economic impact on a substantial
number of small entities.
7. The Commission will send a copy of the Memorandum Opinion and
Order, including a copy of this final certification, in a report to
Congress pursuant to the Congressional Review Act, see U.S.C.
801(a)(1)(A). In addition, the Memorandum Opinion and Order and this
certification will be sent to the Chief Counsel for Advocacy of the
Small Business Administration. A copy of this Memorandum Opinion and
Order and (or summaries thereof) will also be published in the Federal
Register.
II. Ordering Clauses
8. Pursuant to sections 1, 4(i), 302, 303(f) and (r), and 332 of
the Communications Act of 1934, as amended, 47 U.S.C. 1, 154(i), 302,
303(f) and (r), and 332, this Memorandum Opinion and Order is adopted.
9. It is further ordered that, the amendments of the Commission's
rules as set forth in rule changes are adopted November 6, 2006.
10. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Memorandum Opinion and Order, including the Supplemental
Final Flexibility Certification, to the Chief Counsel for Advocacy of
the U.S. Small Business Administration.
List of Subjects in 47 CFR Parts 1, 90, and 95
Communications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
0
For the reasons discussed in the preamble, the Federal Communications
[[Page 52749]]
Commission amends 47 CFR parts 1, 90 and 95 to read as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j),
155, 157, 225, 303(r), and 309.
0
2. Section 1.946 is amended by revising paragraph (d) to read as
follows:
Sec. 1.946 Construction and coverage requirements.
* * * * *
(d) Licensee notification of compliance. A licensee who commences
service or operations within the construction period or meets its
coverage or substantial services obligations within the coverage period
must notify the Commission by filing FCC Form 601. The notification
must be filed within 15 days of the expiration of the applicable
construction or coverage period. Where the authorization is site-
specific, if service or operations have begun using some, but not all,
of the authorized transmitters, the notification must show to which
specific transmitters it applies.
* * * * *
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
3. The authority citation for part 90 continues to read as follows:
Authority: Sections 4(i), 11, 303(g), 303(r) and 332(c)(7) of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), 332(c)(7).
0
4. Section 90.155 is amended by revising paragraph (i) to read as
follows:
Sec. 90.155 Time in which station must be placed in operation.
* * * * *
(i) DSRCS Roadside Units (RSUs) in the 5850-5925 MHz band must be
placed in operation within 12 months from the date of registration (see
Sec. 90.375) or the authority to operate the RSUs cancels
automatically (see Sec. 1.955 of this chapter). Such registration
date(s) do not change the overall renewal period of the single license.
Licensees must notify the Commission in accordance with Sec. 1.946 of
this chapter when registered units are placed in operation within their
construction period.
0
5. Section 90.377 is revised to read as follows:
Sec. 90.377 Frequencies available; maximum EIRP and antenna height,
and priority communications.
(a) Licensees shall transmit only the power (EIRP) needed to
communicate with an OBU within the communications zone and must take
steps to limit the Roadside Unit (RSU) signal within the zone to the
maximum extent practicable.
(b) Frequencies available for assignment to eligible applicants
within the 5850-5925 MHz band for RSUs and the maximum EIRP permitted
for an RSU with an antenna height not exceeding 8 meters above the
roadway bed surface are specified in the table below. Where two EIRP
limits are given, the higher limit is permitted only for state or local
governmental entities.
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Frequency range Max. EIRP \1\
Channel No. (MHz) (dBm) Channel use
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170................................. 5850-5855 ................. Reserved.
172................................. 5855-5865 33 Service Channel.\2\
174................................. 5865-5875 33 Service Channel.
175................................. 5865-5885 23 Service Channel.\3\
176................................. 5875-5885 33 Service Channel.
178................................. 5885-5895 33/44.8 Control Channel.
180................................. 5895-5905 23 Service Channel.
181................................. 5895-5915 23 Service Channel.\3\
182................................. 5905-5915 23 Service Channel.
184................................. 5915-5925 33/40 Service Channel.\4\
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\1\ An RSU may employ an antenna with a height exceeding 8 meters but not exceeding 15 meters provided the EIRP
specified in the table above is reduced by a factor of 20 log(Ht/8) in dB where Ht is the height of the
radiation center of the antenna in meters above the roadway bed surface. The EIRP is measured as the maximum
EIRP toward the horizon or horizontal, whichever is greater, of the gain associated with the main or center of
the transmission beam. The RSU antenna height shall not exceed 15 meters above the roadway bed surface.
\2\ Channel 172 is designated for public safety applications involving safety of life and property.
\3\ Channel Nos. 174/176 may be combined to create a twenty megahertz channel, designated Channel No. 175.
Channels 180/182 may be combined to create a twenty-megahertz channel, designated Channel No. 181.
\4\ Channel 184 is designated for public safety applications involving safety of life and property. Only those
entities meeting the requirements of Sec. 90.373(a) are eligible to hold an authorization to operate on this
channel.
(c) Except as provided in paragraphs (d) and (e) of this section,
non-reserve DSRCS channels are available on a shared basis only for use
in accordance with the Commission's rules. All licensees shall
cooperate in the selection and use of channels in order to reduce
interference. This includes monitoring for communications in progress
and any other measures as may be necessary to minimize interference.
Licensees of RSUs suffering or causing harmful interference within a
communications zone are expected to cooperate and resolve this problem
by mutually satisfactory arrangements. If the licensees are unable to
do so, the Commission may impose restrictions including specifying the
transmitter power, antenna height and direction, additional filtering,
or area or hours of operation of the stations concerned. Further the
use of any channel at a given geographical location may be denied when,
in the judgment of the Commission, its use at that location is not in
the public interest; use of any such channel may be restricted as to
specified geographical areas, maximum power, or such other operating
conditions, contained in this part or in the station authorization.
(d) Safety/public safety priority. The following access priority
governs all DSRCS operations:
(1) Communications involving the safety of life have access
priority over all other DSRCS communications;
(2) Subject to a control channel priority system management
strategy (see ASTM E2213-03 DSRC Standard at Sec. 4.1.1.2(4)), DSRCS
communications involving public safety have access priority over all
other DSRC communications not listed in paragraph (d)(1) of this
section. Roadside Units (RSUs) operated by state or local governmental
entities are presumptively
[[Page 52750]]
engaged in public safety priority communications.
(e) Non-priority communications. DSRCS communications not listed in
paragraph (d) of this section, are non-priority communications. If a
dispute arises concerning non-priority communications, the licensee of
the later-registered RSU must accommodate the operation of the early
registered RSU, i.e., interference protection rights are date-
sensitive, based on the date that the RSU is first registered (see
Sec. 90.375) and the later-registered RSU must modify its operations
to resolve the dispute in accordance with paragraph (f) of this
section.
(f) Except as otherwise provided in the ASTM-DSRC Standard (see
Sec. 90.379) for the purposes of paragraph (e) of this section,
objectionable interference will be considered to exist when the
Commission receives a complaint and the difference in signal strength
between the earlier-registered RSU and the later-registered RSU
(anywhere within the earlier-registered RSU's communication zone) is 18
dB or less (co-channel). Later-registered RSUs causing objectionable
interference must correct the interference immediately unless written
consent is obtained from the licensee of the earlier-registered RSU.
PART 95--PERSONAL RADIO SERVICES
0
6. The authority citation for part 95 continues to read as follows:
Authority: Sections 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303.
0
7. Section 95.1511 is revised to read as follows:
Sec. 95.1511 Frequencies available.
(a) The following table indicates the channel designations of
frequencies available for assignment to eligible applicants within the
5850-5925 MHz band for On-Board Units (OBUs): \1\
------------------------------------------------------------------------
Frequency range
Channel No. Channel use (MHz)
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170............................. Reserved........... 5850-5855
172............................. Service Channel \2\ 5855-5865
174............................. Service Channel.... 5865-5875
175............................. Service Channel \3\ 5865-5885
176............................. Service Channel.... 5875-5885
178............................. Control Channel.... 5885-5895
180............................. Service Channel.... 5895-5905
181............................. Service Channel \3\ 5895-5915
182............................. Service Channel.... 5905-5915
184............................. Service Channel \4\ 5915-5925
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\1\ The maximum output power for portable DSRCS-OBUs is 1.0 mW. See Sec.
95.639(i).
\2\ Channel 172 is designated for public safety applications involving
safety of life and property.
\3\ Channel Nos. 174/176 may be combined to create a twenty megahertz
channel, designated Channel No. 175. Channels 180/182 may be combined
to create a twenty-megahertz channel, designated Channel No. 181.
\4\ Channel 184 is designated for public safety applications involving
safety of life and property.
(b) Except as provided in paragraph (c) of this section, non-
reserve DSRCS channels are available on a shared basis only for use in
accordance with the Commission's rules. All licensees shall cooperate
in the selection and use of channels in order to reduce interference.
This includes monitoring for communications in progress and any other
measures as may be necessary to minimize interference. Licensees
suffering or causing harmful interference within a communications zone
are expected to cooperate and resolve this problem by mutually
satisfactory arrangements. If the licensees are unable to do so, the
Commission may impose restrictions, including specifying the
transmitter power, antenna height and direction, additional filtering,
or area or hours of operation of the stations concerned. Further, the
use of any channel at a given geographical location may be denied when,
in the judgment of the Commission, its use at that location is not in
the public interest; the use of any channel may be restricted as to
specified geographical areas, maximum power, or such other operating
conditions, contained in this part or in the station authorization.
(c) Safety/public safety priority. The following access priority
governs all DSRCS operations:
(1) Communications involving the safety of life have access
priority over all other DSRCS communications;
(2) Subject to a control channel priority system management
strategy (see ASTM E2213-03 DSRC Standard at Sec. 4.1.1.2(4)), DSRCS
communications involving public safety have access priority over all
other DSRC communications not listed in paragraph (c)(1) of this
section. On-Board Units (OBUs) operated by state or local governmental
entities are presumptively engaged in public safety priority
communications.
(d) Non-priority communications. DSRCS communications not listed in
paragraph (c) of this section, are non-priority communications. If a
dispute arises concerning non-priority DSRCS-OBU communications with
Roadside Units (RSUs), the provisions of Sec. 90.377(e) and (f) of
this chapter will apply. Disputes concerning non-priority DSRCS-OBU
communications not associated with RSUs are governed by paragraph (b)
of this section.
[FR Doc. E6-14795 Filed 9-6-06; 8:45 am]
BILLING CODE 6712-01-P