> DA 04-4062

Released: December 30, 2004

Mr. David Cavossa

Executive Director

Satellite Industry Association

1730 M Street, NW, Suite 600

Washington, DC 20036

Re: *Petition for Rulemaking Proposing to Amend Section 15.109(h) of the
Commission's Rules Regarding Emissions from Radar Detectors in the Ka
Band*

This letter responds to the petition for rulemaking ("Petition") filed
on behalf of the Satellite Industry Association ("SIA") on May 28,
2003.[^1] The Petition seeks to require radar detectors to comply with a
500 µV/meter limit within Ka satellite band downlink frequencies at
18.3-18.8 GHz and 19.7-20.2 GHz. For the reasons discussed below, we
dismiss SIA's petition without prejudice.[^2]

SIA's Petition was placed on Public Notice on June 26, 2003. The only
comments filed in response to the Petition were Reply Comments filed by
SIA on August 12, 2003. To date, there have been no further filings
either by SIA or any other party.

In its Petition, SIA asserts that in light of the then-impending launch
of several Ka band satellites, the adoption of its proposed emissions
limits for radar detectors would "forestall even the possibility" that
radar detector operations will interfere with the new services provided
by Ka band satellites.[^3] SIA buttresses its argument by asserting
that, without the imposition of its proposed emissions limits, emissions
by radar detectors in the Ka band will cause harmful interference in
much the same way as radar detectors previously did in the Ku satellite
band -- 11.7-12.2 GHz.

As SIA readily acknowledges, the Commission both recognized and took the
necessary steps to ameliorate any potential harmful interference caused
by emissions from radar detectors in the Ku band.[^4] The need for such
action arose because manufacturers of radar detectors operating in the
10.525 GHz band chose to employ local oscillators operating in the
nearby 11.7-12.2 GHz Ku satellite band.

The bands of operation for police radars are the 10.525 GHz, the 24.150
GHz, and the 34.700 GHz bands. Unlike the case with the Ku satellite
band, these police radar bands are not located in close proximity to the
18.3-18.8 GHz and 19.7-20.2 GHz bands used by Ka band satellites. No
information has been presented to suggest that radar detectors currently
employ local oscillators operating in the Ka satellite band, nor is any
information presented suggesting that such designs are planned in the
future. Also, there is no information in the record suggesting that
there are any other spurious emissions that are significant. Indeed,
given the dearth of comments filed in response to the Public Notice,
and, in addition, in light of the fact that in the intervening eighteen
months since SIA's filed its petition, there have been no reports of
interference caused by radar detectors to satellite services in the Ka
band, we have no basis for determining that the operation of radar
detectors is causing or will cause harmful interference in the Ka band.
As a result, SIA has presented no persuasive evidence to warrant
consideration of its Petition at this time.

In light of the foregoing analysis, the Petition for Rulemaking filed by
SIA on May 28, 2003 is dismissed without prejudice pursuant to Section
1.401(e) of the Commission's rules. This action is taken pursuant to
authority delegated by Sections 0.331 of the Commission's rules, 47
C.F.R. § 0.331.

> Sincerely,
>
> Julius P. Knapp
>
> Deputy Chief
>
> Office of Engineering and Technology

[^1]: We note that the petition was filed by then-President of SIA, Mr.
    Richard DalBello. Mr. Cavossa is Mr. DalBello's successor.

[^2]: Section 1.401(e) of the Commissions rules reads as follows:
    "Petitions which are moot, premature, repetitive, frivolous, or
    which plainly do not warrant consideration by the Commission may be
    denied or dismissed without prejudice to the petitioner." 47 C.F.R.
    § 1.401(e).

[^3]: SIA Petition at 2.

[^4]: *Review of Part 15 and other Parts of the Commission's Rules*, ET
    Docket 01-278, First Report and Order, 17 FCC Rcd 14063 (2002).