**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | ET Docket No. 06-195         |
|                                  | *) |                              |
| UltraVision Security Systems,    | ** |                              |
| Inc. Request for Interpretation  |    |                              |
| and Waiver of Section 15.511(a)  | *  |                              |
| & (b) of the Commission's Rules  | *) |                              |
| for Ultra-Wideband Devices       | ** |                              |
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|                                  | ** |                              |
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+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: November 19, 2008 Released: November 20, 2008**

By the Commission:

# Introduction

1.  By this action, we grant in part and deny in part a request
    submitted by UltraVision Security Systems, Inc. (UltraVision) for a
    waiver of the rules to allow limited marketing of its UltraSensor
    ultra-wideband (UWB) surveillance systems.[^1] UltraVision requests
    that we waive the provisions for permitted operating frequency range
    and permitted users in Sections 15.511(a) and (b) of the rules to
    allow it to market up to 350 installations of the UltraSensor system
    over a two year period.[^2] We are waiving these rules to permit the
    UltraSensor surveillance system to operate in the 80-600 MHz
    frequency band and to allow UltraVision to market the systems to any
    entity eligible for licensing under Part 90 of the rules.[^3] We are
    also imposing specific operational and technical conditions on the
    UltraSensor systems to ensure that authorized spectrum users are
    protected from harmful interference, including maintaining the
    requirement that operators of these surveillance systems comply with
    the Commission's coordination requirement for ultra-wideband devices
    in Section 15.511(b)(2).[^4] We are denying UltraVision's request to
    maintain a list of installations in lieu of complying with these
    coordination requirements. We find that a grant of this request, as
    conditioned herein, is in the public interest in that it will permit
    the operation of systems capable of providing protection from
    undesired intrusions to secured facilities, without increasing the
    risk of harmful interference to authorized services.

# BACKGROUND

2.  On February 14, 2002, the Commission adopted regulations to permit
    the operation of UWB transmitters.[^5] Several categories of UWB
    devices are permitted to be operated under the Part 15 regulations
    without a requirement for an individual license: imaging
    systems,[^6] vehicular radars, and indoor and outdoor communication
    systems. UWB devices are not allocated spectrum but rather use
    frequency bands allocated to various authorized radio services,
    including Federal Government services, on a sufferance basis.[^7]

3.  Incumbent services using frequencies below 960 MHz include fixed and
    mobile, broadcasting, aeronautical radionavigation, aeronautical
    mobile, space operation, meteorological satellite, space research,
    mobile satellite, amateur and amateur satellite, radionavigation
    satellite, land mobile, maritime mobile, radiolocation, standard
    frequency and time signal-satellite, meteorological aids
    (radiosonde), meteorological satellite, earth exploration satellite,
    and radio astronomy.[^8] There are aeronautical radionavigation
    systems operating in the restricted frequency bands in the 80 to 600
    MHz frequency range that are used for communication between the
    pilot and the air traffic controller and navigation during precision
    and non-precision approaches. The aeronautical radionavigation
    systems include: Very High Frequency (VHF) Omni-directional Ranging
    system (108-118 MHz), Instrument Landing System (108-111.95 MHz and
    329.3-335 MHz), VHF communication systems (118.1-137 MHz), VHF
    Digital Link system (118-137 MHz), and the Local Area Augmentation
    System VHF Data Broadcast system (108-118 MHz). In addition to the
    aeronautical radionavigation systems, the National Oceanic and
    Atmospheric Administration operates polar orbiting and geostationary
    satellites that carry Search and Rescue Satellite (SARSAT) payloads
    providing distress alert and location information to appropriate
    public safety rescue authorities for maritime, aviation, and land
    users in distress. The distress signal is transmitted by a
    low-powered Emergency Locator Transmitter (ELT) or the maritime
    equivalent Emergency Position Indicating Radio Beacon (EPIRB)
    operating in the 406 - 406.1 MHz band. The EPIRB/ELT signal is
    detected by the receiver on the spacecraft and data is transmitted
    back to a Local User Terminal.

4.  Below 960 MHz, the unlicensed operation of a UWB transmitter is
    subject to the general emissions limits of Section 15.209 of the
    rules.[^9] At the present time, only UWB ground penetrating radars
    (GPR) and certain UWB wall and through-wall imaging devices are
    allowed to have their fundamental emissions on frequencies below 960
    MHz. The rules do not allow operation of fixed UWB surveillance
    systems below 960 MHz. Section 15.511(a) of the rules specifies
    technical and operational standards for fixed UWB surveillance
    systems to operate in the frequency range 1990‑10,600 MHz.[^10]
    Further, the operational rules of Section 15.511(b) for UWB
    surveillance systems limit sales to, and operation by, law
    enforcement, fire or emergency rescue organizations or manufacturer
    licensees, petroleum licensees or power licensees as defined in
    Section 90.7.[^11]

5.  UltraVision's UltraSensor is a UWB fixed radar surveillance system
    designed to operate in the spectrum region below 960 MHz, from 80
    MHz to 600 MHz, and is intended to provide warning of intruders to
    sites with strategic or commercial interests. Each system consists
    of six to ten unlicensed transmitters buried 15‑20 centimeters (6-8
    inches) underground, below pavement or lawn turf, about every
    20 meters (65 feet) around the site to be protected. The system
    tracks the location, velocity and mass of an intruder and can be
    programmed to ignore small animals, *e.g.,* birds and dogs, to
    respond only to pedestrians and vehicles, or to respond only to
    vehicles above a certain size or speed.[^12] A collocated receiver
    analyzes the radar return signal. The UltraSensor system employs
    dithered pulses 2 nanoseconds (nsec) wide at a pulse repetition rate
    of 20‑80 kHz, with a worst case duty cycle of 0.016%.[^13]
    UltraVision claims that the UltraSensor system offers the following
    advantages as compared to other technologies: versatility in being
    able to distinguish between various different intrusion targets
    (birds, pedestrians, vehicles, etc.); concealed operation which is
    invisible to an intruder; tamper proof so that an intruder cannot
    disable it; and smart operation providing real-time distance and
    velocity of moving targets. UltraVision further claims that the
    system provides a low rate of false alarms,[^14] which avoids a
    major distraction for security forces, and thus the system would
    help security personnel to focus on the threats that matter.[^15]
    UltraVision argues that both government and private companies are
    more concerned than ever about securing their facilities against
    potential wrongdoers and urges the Commission to weigh the enhanced
    security that UltraSensor offers against its negligible interference
    potential.[^16]

6.  In its waiver request, UltraVision asks the Commission to waive
    Section 15.511(a) to allow its UltraSensor systems to operate on
    frequencies below 960 MHz, specifically those in the 80-600 MHz
    frequency range. UltraVision states that the UWB rules adopted in
    2002 authorize specific applications operating in particular
    frequency bands because those applications reflect the technologies
    known to the Commission at the time of the rulemaking proceeding.
    UltraVision believes that the rules make no provision for these
    systems only because no manufacturer stepped forward to request
    operation of surveillance systems below 960 MHz and the UltraSensor
    technology did not exist at that time,[^17] It further states that
    the UltraSensor system will comply with the technical requirements,
    *i.e.,* the emission limits specified for fixed surveillance systems
    in Section 15.511, which are the same as the Section 15.209 general
    emissions limits below 960 MHz. UltraVision argues that the rules
    allow UWB GPR devices to operate below 960 MHz and that the
    UltraSensor system is technically a GPR device adapted for use as a
    buried surveillance system, with its transmitter pointed upward
    toward a potential intruder, rather than downward into the
    ground.[^18] It claims that even though the fundamental emissions of
    the UltraSensor system are located below 960 MHz, the system will
    have no greater potential for interference than fixed surveillance
    systems operating in accordance with Section 15.511.[^19]

7.  UltraVision also requests a waiver of Section 15.511(b), which
    limits the sale and operation of UWB fixed surveillance systems to
    law enforcement, fire and emergency rescue organizations, and
    manufacturing, petroleum or power licensees as defined in Section
    90.7 of the rules.[^20] UltraVision states that use of the
    UltraSensor system for other applications such as harbor facilities,
    government offices, high-value warehouses, financial institutions,
    and telephone switching offices is in the public interest and raises
    no greater threat of interference than those enumerated in the
    rules.[^21] Therefore, in its request, UltraVision also seeks a
    waiver of the operational limitations of Section 15.511(b), to allow
    installation of the UltraSensor device on the premises of any party
    eligible for licensing under Part 90 of the Commission's rules.[^22]
    Further, in lieu of the coordination requirement with Federal
    Government services in Section 15.511(b)(2), UltraVision proposes to
    maintain up-to-date records of the exact locations of all waivered
    installations, and to share that information with Commission and
    other agencies of the U.S. government on request.[^23]

8.  The Commission issued a Public Notice soliciting comments on
    UltraVision's request on October 24, 2006.[^24] The Association for
    Maximum Service Television, Inc. (MSTV) filed in opposition, asking
    that the Commission deny UltraVision's waiver request.[^25] MSTV
    states that the proposed UltraSensor system will cause harmful
    interference to television (TV) reception because the Section 15.209
    emission limits under which this system would operate are
    insufficient to protect TV reception from unlicensed devices
    operating in the TV bands.[^26] It cites a study conducted by the
    Canadian Research Centre Canada and MSTV that purports to
    demonstrate that unlicensed devices complying with the out-of-band
    emission limits of 15.209 could cause interference to digital TV
    sets at distances up to 24 meters (78 feet) and interference to
    analog TV sets up to 140 meters (452 feet).[^27] MSTV notes that the
    issue of whether the Section 15.209 emission limits are sufficient
    to protect broadcast operations from harmful interference is at
    issue in the Commission's proceeding on unlicensed operation in the
    TV broadcast bands, ET Docket No. 04-186, and argues that it would
    be inappropriate for the Commission to grant a waiver that relies on
    compliance with this rule until that issue is addressed in the
    pending rulemaking proceeding.[^28] MSTV contends that a
    demonstration conducted for it by UltraVision of an UltraSensor
    device shows that the relatively short pulse and low duty cycle of
    the UltraSensor device does not prevent interference to analog or
    digital TV reception. With respect to UltraVision's request to
    expand the list of eligible entities to which the UltraSensor device
    may be marketed, MSTV contends this will exacerbate the device's
    interference potential and will make the interference problem
    difficult to eliminate.[^29]

9.  MSTV also raises legal and procedural issues regarding UltraVision's
    request. MSTV argues that UltraVision has not met the waiver
    standards because it fails to show that the underlying purpose of
    the UWB rules would be frustrated by an application of the rules to
    UltraSensor or that there are "unique circumstances" which would
    make application of the rules "inequitable, unduly burdensome or
    contrary to the public interest."[^30] MSTV contends that the
    Commission must exercise greater caution when evaluating a waiver
    petition because of the lack of full examination based on technical
    studies and that the Commission has previously decided to treat UWB
    devices as new products whose "operation should be limited until
    more experience is obtained."[^31]

10. In response to the MSTV opposition, UltraVision states that the
    informal demonstration of interference from the UltraSensor system
    to TV reception at MSTV's offices should not be extrapolated to
    conclude that the UltraSensor system will cause interference under
    actual usage scenarios because the actual distance to the sensor
    from the TV set, as well as the strength of the TV signal and other
    relevant factors were not formally measured.[^32] UltraVision also
    argues that the cited Canadian/MSTV technical study examines
    interference caused by an orthogonal frequency division multiplexing
    (OFDM) signal source, which has a large fraction of the permitted
    quasi-peak maximum emissions. UltraVision contends that UltraSensor
    uses a pulsed signal with a very low duty cycle, which puts its
    average signal very far below the quasi-peak readings, thus
    UltraSensor's signal would be far less interfering than an OFDM
    source.[^33] Nonetheless, UltraVision states that it will accept the
    separation distance as specified in the MSTV's study as a condition
    of its waiver grant, even though its pulsed technology would
    probably need less separation distance. It therefore agrees to avoid
    installations of an UltraSensor device within 140 meters (452 feet)
    of a residentially zoned area through February 18, 2009 or within 24
    meters (78 feet) after that date.[^34] UltraVision acknowledges that
    the Commission determined in another waiver proceeding that it could
    protect licensed services by imposing a specific separation distance
    between a UWB unit and areas accessible to the public.[^35]
    UltraVision amended its original request to agree to install any
    waivered device no closer than 24 meters (78 feet) to the nearest
    boundary of the customer's site, for the duration of the waiver
    period.[^36]

11. In rebutting MSTV's legal and procedural argument, UltraVision
    argues that it has demonstrated the "unique circumstance" of a
    technology capable of serving the nation's security needs in ways
    not otherwise possible, at lower emission levels than are provided
    for under the rules.[^37] It contends that to the extent that the
    rules block this technology, they are inequitable, burdensome and
    contrary to the public interest. UltraVision believes that its
    proposed separation distances would help address all of MSTV's
    concerns.[^38]

# DISCUSSION

12. We are authorized to grant a waiver under Section 1.3 of the
    Commission\'s rules if the petitioner demonstrates good cause for
    such action.[^39] Good cause, in turn, may be found and a waiver
    granted "where particular facts would make strict compliance
    inconsistent with the public interest."[^40] To make this public
    interest determination, the waiver cannot undermine the purposes of
    the rule, and there must be a stronger public interest benefit in
    granting the waiver than in applying the rule.[^41] The technical
    and operational standards of Section 15.511(a) and the permitted
    users' provision of Section 15.511(b) exist to ensure that UWB fixed
    surveillance systems do not harmfully interfere with authorized
    radio services, including Federal Government services. As discussed
    below, if appropriate operational and technical conditions are
    imposed on the waiver, a waiver of the frequency band and user
    requirements in Section 15.511(a) and (b) can be granted without
    increasing the potential for harmful interference. Hence, granting
    this waiver will not undermine the purpose of the rules. Finally,
    there is a stronger public interest benefit in granting this waiver
    than in strictly applying the rules. As discussed below, a denial
    would prevent the availability of systems that would ensure
    protection of a broad variety of secured facilities (e.g.,
    transportation, law enforcement and commercial) that are important
    to the public well-being. These secured facilities currently are not
    eligible for the important benefits of this proposed system. In
    addition, a grant of the waiver would serve the public interest by
    encouraging providers such as UltraVision to commit financial and
    other resources to provide important systems such as the one
    proposed. Accordingly, we find good cause exists for granting a
    waiver with the conditions described below.

13. We find that the UltraSensor system is an innovative application of
    existing GPR technology which would provide a reliable means of
    protection of secured facilities that are important to the public
    well being. While the UltraSensor device does share the low duty
    cycle characteristics of GPRs, we find that the UltraSensor device
    is different from GPRs in several respects. First, the emissions
    from the UltraSensor device are directed upward rather than downward
    toward the ground. Second, the UltraSensor device would not operate
    at infrequent intervals, but would operate continuously at fixed
    locations. Finally, the market for surveillance systems is
    significantly different than the market for GPRs, which could lead
    to higher proliferation of the UltraSensor system than was
    envisioned for GPR use of the band below 960 MHz. We determine that,
    in the case of UltraVision's UltraSensor, the potential for
    interference resulting from operating in the 80-600 MHz frequency
    range and operation by any entity eligible for licensing under Part
    90 of the rules can be balanced by operational and technical
    restrictions. As the Commission has noted previously, the
    interference potential of unlicensed UWB devices to authorized
    services can be controlled by several factors.[^42] Limits on the
    average and peak emission levels produced by the devices are one
    method of controlling potential interference. The potential for
    interference also can be reduced by limiting the applications for
    which the devices may be employed, the manner in which the devices
    may be operated, and the number of devices deployed. As discussed
    below, we will apply appropriate conditions in these respects on the
    operation and marketing of the UltraSensor system to guard against
    interference to authorized users in these bands.

14. First, we will require that the UWB bandwidth of the UltraSensor
    devices be located between 80 and 600 MHz, and that the radiated
    emissions at or below 960 MHz from an UltraSensor device operating
    under this waiver shall not exceed the emission levels in Section
    15.209.[^43] Above 960 MHz, the UltraSensor device shall not exceed
    the emission levels pertaining to ground penetrating radars and wall
    imaging devices in Section 15.509.[^44] These emission limits, in
    combination with the operating constraints we are placing on
    UltraSensor devices, will minimize the potential for harmful
    interference to authorized federal and non-federal systems. [^45]

15. We will also require that the UltraSensor devices be installed
    beyond a minimum of 24 meters (78 feet) distance separation to the
    nearest boundary of the customer's property at any location for the
    duration of the waiver period. MSTV alluded to this separation
    distance with respect to digital television receivers in its
    comments and UltraVision has voluntarily agreed to comply.[^46] We
    believe this distance will serve to reduce the likelihood of harmful
    interference from the UltraSensor systems to all licensed
    operations, based on several factors: a) UltraSensor's dithered
    pulse signals[^47] have very low duty cycle and the system's
    operation six to eight inches below ground will mitigate any
    potential interference; and b) the extremely low power employed by
    these devices and the higher horizontal propagation losses resulting
    from their buried locations should also eliminate any potential
    impact.[^48] Although the UltraSensor system is a GPR device
    radiating upward, and thus raising concerns regarding vertical
    emissions, UltraVision has submitted test data to show that the
    system's vertical emissions can be adequately characterized by using
    measurement procedures similar to those used for GPR devices, and
    that the maximum vertical emissions are less than or within 0.2 dB
    of the maximum horizontal emissions at all frequencies.[^49] We
    believe that UltraSensor systems operating as described above will
    not pose a risk for harmful interference to authorized services and
    that any residual potential for interference would only affect a
    party that is actually within the detection sphere of the system,
    and whose presence the system is designed to prevent. To ensure that
    the system is properly installed to operate under the conditions
    specified in this waiver, we will require that UltraSensor systems
    be installed by professional licensed security companies.

16. In addition, we will require that the UltraSensor devices not
    operate for the duration of the waiver period within 140 meters (452
    feet) of an area zoned to include residential development (including
    mixed-use areas), and areas where cable headends are located, in
    order to provide an additional measure of protection for analog
    broadcast operations from interference.[^50] Here, too, MSTV alluded
    to this separation distance with respect to analog television
    receivers in its comments and UltraVision has voluntarily agreed to
    comply.[^51] Although UltraVision has suggested that this separation
    distance only be required until February 18, 2009 when the digital
    television transition is complete, we note that there are three
    other categories of broadcast television stations operating in these
    bands--"low-power", "Class A", and "translator" stations--that have
    no deadline to convert to digital broadcasting at the present
    time.[^52] Because these stations may continue to operate with
    analog signals after February 18, 2009, we find that the separation
    distance that UltraVision is willing to meet to protect analog
    broadcast operations should be maintained for the duration of the
    waiver period.

17. We further find that MSTV's concerns of interference to broadcast
    services in these bands are mitigated with the required minimum
    separation distances, as discussed *supra*. The required minimum
    separation distances will result in significant signal attenuation
    at the customer's boundary and provide further protection to
    broadcast operations in residential areas. We also observe that our
    approach here is consistent with Commission regulations that allow
    unlicensed biomedical telemetry devices to operate under Sections
    15.241 and 15.242[^53] within the TV bands at power levels
    significantly higher than the general emission limits of Section
    15.209.[^54] The interference potential of these higher powered
    medical devices is limited by restricting the types of medical
    facilities where they may be operated,[^55] and by ensuring that
    minimum separation distances are maintained between the biomedical
    telemetry devices and authorized users of the bands.[^56] We find
    that a similar approach is warranted in this case,[^57] and thus are
    requiring minimum separation distances to be maintained between the
    UltraSensor devices and the boundary of the customer's premises, and
    between the UltraSensor devices and residentially zoned areas. We
    thus conclude that these additional safeguards make it unnecessary
    to delay a decision on this waiver request until the Commission
    addresses in a pending rulemaking proceeding whether the Section
    15.209 emission limits are sufficient to protect broadcast
    operations from harmful interference, as MSTV suggests.

18. We also find that a limited waiver of the marketing restrictions of
    Section 15.511(b) will not result in widespread proliferation of the
    UltraSensor device that would increase the risk for interference to
    authorized services. In this respect, we will continue to prohibit
    sales and marketing of UltraSensor to consumers, and will limit
    purchasers and operators of the UltraSensor system to entities
    eligible for licensing under Part 90 of our rules. We further agree
    with MSTV that greater caution should be exercised regarding UWB
    devices, and we will limit the number of installations allowed under
    this waiver to one hundred in the first year following the effective
    date of this Order and to an additional two hundred and fifty in the
    second year, for a total of three hundred and fifty devices at the
    end of the second year. Our decision to limit the number of devices
    and to allow for their gradual deployment is a cautious approach, so
    that harmful interference issues can easily be addressed should they
    occur. Devices deployed under the terms of this waiver will be
    allowed to continue to operate after the two-year deployment period
    ends, provided there is no harmful interference to authorized
    operations.[^58] After we have gained experience with UltraSensor
    system pursuant to this waiver, UltraVision may request that this
    waiver be extended to allow the marketing of additional systems at
    the end of the two-year waiver period.

19. Requiring the UltraSensor system to be installed at fixed and
    permanent locations is consistent with our rules for surveillance
    systems, which are required to operate in fixed locations so that
    the source of harmful interference, if it occurs, can be readily
    identified and corrected.[^59] We decline to grant UltraVision's
    request that we waive the coordination provision with NTIA for UWB
    devices operating in these bands, and that we instead only require
    that UltraVision maintain a list of installations. The coordination
    requirement in Section 15.511(b)(2), as detailed in Section 15.525,
    provides advance notice to authorized Federal users of UWB
    operations in their area and allows Federal users to readily
    identify any potential source of interference.[^60] The requirements
    of Section 15.525(f) limiting the coordination of routine UWB
    operations to no longer than 15 business days from the receipt of
    the coordination request by NTIA, will still be applicable.

20. We also will require UltraVision to obligate parties who purchase
    UltraSensor systems to operate them consistent with the terms of
    this Order. The provisions of 47 C.F.R. §2.939(a) allow the
    Commission to revoke the certification grant, if UltraVision or any
    operator of these devices fails to comply with the obligations
    placed on them in accordance with the equipment authorization
    program.[^61] We reiterate that as an unlicensed device, an
    UltraSensor system must be operated under the general
    non‑interference requirements of Section 15.5 of our rules. Under
    these rules, the operator of an UltraSensor system is responsible
    for eliminating any harmful interference that may occur or must
    cease operation upon notification by a Commission representative
    that the device is causing harmful interference.[^62] Accordingly,
    we will require that UltraVision inform purchasers and operators
    that UltraSensor devices must be operated in accordance with all of
    the conditions of this waiver, that any harmful interference that
    occurs must be corrected or operation must cease, and that
    modifications to the operating conditions of UltraSensor devices may
    be required if harmful interference is caused to new or expanded
    deployments of protected federal government systems.

    [Summary of Waiver Conditions]{.underline}

21. Summarizing the above, the following conditions shall apply to the
    waiver being granted to UltraVision Security Systems, Inc. for its
    UltraSensor surveillance systems:

    1.  Compliance testing shall be carried out on the device as
        typically installed (including being oriented in an upward
        position).  The device may be buried under 15 centimeters (six
        inches) of dry sand (to simulate being installed under turf or
        asphalt.) In all other respects, compliance testing shall follow
        the Commission's rules and measurement procedures to find and
        maximize the radiated emissions from the device.  This shall
        include the adjustment of the angle of the measurement test
        antenna to maximize the levels of the measured radiated
        emissions.

    2.  All installations of UltraSensor imaging devices operated under
        this waiver shall be restricted to fixed, underground (turf or
        asphalt) permanent locations. Devices shall be buried a minimum
        depth of six inches.

    3.  All installations of UltraSensor devices operated under this
        waiver shall be carried out by professional licensed security
        companies.

    4.  All installations of UltraSensor devices operated under this
        waiver must be no closer than 24 meters (78 feet) to the nearest
        boundary of the customer's site. The distance of the separation
        zone shall be measured from the antenna in every direction. In
        addition, the devices may not be installed within 140 meters
        (452 feet) of an area zoned to include residential development
        (including mixed-use areas), and areas where cable headends are
        located.

    5.  UltraVision shall limit the number of systems installed under
        this waiver to one hundred (100) systems during the first twelve
        months following the grant of this waiver and to an additional
        two hundred and fifty (250) during the second twelve months, for
        a total of no more than three hundred and fifty (350) systems at
        the end of two years. (A "system" may comprise any number of
        transmitters that are connected to a co-located central control
        system.)

    6.  UltraVision shall inform purchasers and operators that
        UltraSensor devices must be operated in accordance with all of
        the conditions of this waiver, that any harmful interference
        that occurs must be corrected or operation must cease, and that
        modifications to the operating conditions of UltraSensor devices
        may be required if harmful interference is caused to new or
        expanded deployments of protected federal government systems.

    7.  The ‑10 dB bandwidth of the UltraSensor device shall be
        contained in the 80-600 MHz frequency range. The device shall
        comply with all applicable rules in Part 15, including the
        requirement in Section 15.201 to obtain a certification grant,
        except for the standards in Sections 15.511 (a) and (b).

    8.  The radiated emissions at or below 960 MHz from UltraSensor
        devices operating under the provisions of this waiver shall not
        exceed the emission levels in Section 15.209. The radiated
        emissions above 960 MHz from UltraSensor devices operating under
        the provisions of this waiver shall not exceed the emission
        levels for ground penetrating radars and wall imaging devices in
        Section 15.509.

    9.  Sales of UltraSensor devices to consumers are prohibited.
        Purchasers and operators of UltraSensor devices are limited to
        entities eligible for licensing under Part 90 of our rules.

    10. UltraVision shall comply with the coordination requirement in
        Section 15.511(b)(2), as provided in Section 15.525. In
        addition, the UltraSensor device may not be operated until such
        time that the location and installation of the equipment has
        been coordinated with, and acknowledged by the Commission.

    11. This waiver shall apply to the UltraSensor device produced by
        UltraVision as described herein, provided no major changes are
        made to the transmitter circuitry that would modify the device's
        modulation, pulse characteristics, or increase its duty cycle,
        radiated power, or bandwidth.

# CONCLUSION AND ORDERING CLAUSE

22. Accordingly, pursuant to authority in Section 1.3 of the
    Commission\'s rules, 47 C.F.R. section 1.3, and Sections 4(i), 302,
    303(e), and 303(r) of the Communications Act of 1934, as amended, 47
    U.S.C. Sections 154(i), 302, 303(e), and 303(r), IT IS ORDERED that
    the Request for Waiver filed by UltraVision Security Systems, Inc.
    IS GRANTED IN PART AND DENIED IN PART, consistent with the terms of
    this Order. This action is effective upon release of this Order.

    FEDERAL COMMUNICATIONS COMMISSION

    Marlene H. Dortch

    Secretary

[^1]: UltraVision Request for Interpretation and Waiver (Request), ET
    Docket 06-195 (filed October 6, 2006).

[^2]: 47 C.F.R. § 15.511(a) & (b). Section 15.511(a) requires the
    bandwidth of a UWB surveillance system to be contained between 1990
    and 10,600 MHz. Section 15.511(b) limits the sale and operation of
    UWB surveillance systems to law enforcement, fire or emergency
    rescue organizations or manufacturing, petroleum or power licensees
    as defined in Section 90.7 of the Commission's rules. 47 C.F.R. §
    90.7.

[^3]: 47 C.F.R. §15.511(b)(1).

[^4]: 47 C.F.R. §15.511(b)(2). *See also* 47 C.F.R. §15.525.

[^5]: *See First Report and Order* ("*1^st^ R&O*") in ET Docket No.
    98-153, *Revision of Part 15 of the Commission\'s Rules Regarding
    Ultra-Wideband Transmission Systems*, 17 FCC Rcd 7435 (2002);
    *Erratum* in ET Docket No. 98-153, 17 FCC Rcd 10505 (2002);
    *Memorandum Opinion and Order and Further Notice of Proposed Rule
    Making* in ET Docket No. 98‑153, 18 FCC Rcd 3857 (2003); and *Second
    Report and Order and Second Memorandum Opinion and Order* ("*2^nd^
    R&O*") in ET Docket No. 98-153, 19 FCC Rcd 24558 (2004). *See*,
    also, 47 C.F.R. §§ 15.501-15.525.

[^6]: Imaging systems consist of ground penetrating radars (GPR), wall
    imaging systems, through-wall imaging systems, surveillance systems,
    and medical imaging systems.

[^7]: 47 C.F.R. § 15.5. The operation of Federal Government radio
    stations is regulated by the National Telecommunications and
    Information Administration (NTIA), while operation of stations by
    commercial entities, state and local governments, and the general
    public is regulated by the Commission.

[^8]: 47 C.F.R. § 2.106.

[^9]: 47 C.F.R. §§ 15.209.

[^10]: 47 C.F.R. § 15.511. Section 15.511(a) requires that the bandwidth
    of a UWB surveillance system be contained between 1990 and 10,600
    MHz, with the UWB bandwidth defined as the band bound by the points
    that are 10 dB below the highest radiated emission.

[^11]: 47 C.F.R. §§ 15.511 (b), 90.7.

[^12]: Request at 1.

[^13]: UltraVision request at 5 and reply comments at 9.

[^14]: UltraVision claims that other surveillance technologies suffer
    from susceptibility to frequent false alarms as they cannot
    distinguish the mass and velocity of intruding objects, thus they
    would trigger whether the intruder is a truck or a piece of paper
    moving in the wind. If the operator turns down the sensitivity to
    eliminate most of the false alarms, there is a good chance of
    missing the events the system was installed to detect. Request at
    11-12.

[^15]: *Id.* at 6.

[^16]: *Id.* at 12.

[^17]: *Id.* at 6.

[^18]: *See* description in UltraVision experimental license application
    at
    https://fjallfoss.fcc.gov/oetcf/els/reports/ViewExhibitReport.cfm?id_file_num=0105-EX-PL-2006&application_seq=32163
    and exhibit 76721.pdf at
    https://fjallfoss.fcc.gov/els/GetAtt.html?id=76721&x=.

[^19]: Request at 7-8.

[^20]: 47 C.F.R. § 15.511 (b) and 47 C.F.R. § 90.7.

[^21]: Request at 10.

[^22]: *Id.* at 11.

[^23]: *Id.* at 14. The Commission's rules require the operator of the
    UWB device to provide the Commission's Office of Engineering and
    Technology with basic identifying information of the operator and
    areas of operation; the Commission, in turn, coordinates the
    operation with NTIA. *See* 47 C.F.R. §§ 15,511(b)(2), 15.525.

[^24]: *See* Public Notice, DA 06-2102.

[^25]: *See* MSTV comments at ii.

[^26]: *Id.* at 4-6.

[^27]: *Id.* at 6. *See* joint comments of MSTV and NAB filed Jan. 31,
    2007 at page 23, in *In the matter of Unlicensed Operation in the TV
    Broadcast Bands, Additional Spectrum for Unlicensed Devices Below
    900 MHz and in the 3 GHz Band (TV White Spaces)*, ET Docket Nos.
    04-186 & 02-380, 21 FCC Rcd 12266 (2006).

[^28]: *Unlicensed Operation in the TV Broadcast Bands; Additional
    Spectrum for Unlicensed Devices Below 900 MHz and in the 3 GHz Band*
    *First Report and Order and Further Notice of Proposed Rule Making*,
    ET Docket Nos. 04-186 & 02-380, 21 FCC Rcd 12266 (2006).

[^29]: *Id.* at 4.

[^30]: *Id.* at 7. *See also* 47 C.F.R. § 1.925.

[^31]: MSTV comments at 11, citing *Revision of Part 15 of the
    Commission's Rules Regarding Ultra-Wideband Transmission Systems
    First Report and Order*, 17 FCC Rcd. 7435 (2002) at ¶29.

[^32]: UltraVision reply comments at 9. This statement agrees with
    MSTV's description of the informal demonstration. *See* Appendix to
    MSTV's comments.

[^33]: UltraVision reply comments at 9-10.

[^34]: *Id.* at 10. February 18, 2009 is the effective date when analog
    TV transmission must cease.

[^35]: *Id.* at 11. *See In the Matter of Curtis-Wright Controls, Inc.
    Embedded Computing Petition for Waiver of the Part 15 Ultra-Wideband
    (UWB) Regulations, Order,* DA 07-198, in which the Commission
    requires a separation distance of 110 meters between a waivered high
    power UWB device and areas accessible to the public.

[^36]: UltraVision *ex parte* filed June 21, 2007 at 2.

[^37]: UltraVision reply comments at 13-14.

[^38]: *Id.* at 14. MSTV did not respond to UltraVision's reply and *ex
    parte* comments regarding separation distances.

[^39]: 47 C.F.R. § 1.3. *See also* *ICO Global Communications (Holdings)
    Limited v. FCC*, 428 F.3d 264 (D.C. Cir. 2005); *Northeast Cellular
    Telephone Co. v. FCC*, 897 F.2d 1164 (D.C. Cir. 1990); *WAIT Radio
    v. FCC*, 418 F.2d 1153 (D.C. Cir. 1969).

[^40]: *Northeast Cellular*, 897 F.2d at 1166; *see also* *ICO Global
    Communications*, 428 F.3d at 269 (quoting *Northeast Cellular*);
    *WAIT Radio*, 418 F.2d at 1157-59.

[^41]: *See, e.g.*, *WAIT Radio*, 418 F.2d at 1157 (stating that even
    though the overall objectives of a general rule have been adjudged
    to be in the public interest, it is possible that application of the
    rule to a specific case may not serve the public interest if an
    applicant\'s proposal does not undermine the public interest policy
    served by the rule); *Northeast Cellular*, 897 F.2d at 1166 (stating
    that in granting a waiver, an agency must explain why deviation from
    the general rule better serves the public interest than would strict
    adherence to the rule).

[^42]: *See* *Revision of Part 15 of the Commission\'s Rules Regarding
    Ultra-Wideband Transmission Systems Second Report and Order and
    Second Memorandum Opinion and Order* (*2^nd^ R&O and 2^nd^ MO&O*),
    ET Docket 98-153, 19 FCC Rcd 24558 (2004) at ¶13.

[^43]: 47 C.F.R. § 15.209.

[^44]: 47 C.F.R. § 15.509.

[^45]: Using the Part 15.209 radiated emission limits and the limit on
    the number of UltraSensor systems that can be sold under this
    waiver, NTIA determined there would be no impact on SARSAT
    operations.

[^46]: MSTV comments at 6 and UltraVision reply comments at 10.

[^47]: When combined with a random, or "dithered", pulse repetition
    interval (PRI), a UWB emission spectrum is spread to the point where
    it resembles noise, which can aid in interference reduction.

[^48]: Requiring a minimum separation distance is consistent with
    Commission's actions in several proceedings. *See* discussion in
    ¶15, infra.

[^49]: UltraVision *ex parte* filed Sep. 28, 2007.

[^50]: The headend is the origination point for signals in the cable
    system. It has parabolic or other appropriately shaped antennas for
    receiving satellite-delivered program signals, high-gain directional
    antennas for receiving distant TV broadcast signals, directional
    antennas for receiving local signals, machines for playback of
    recorded programming and commercial insertion, and studios for local
    origination and community access programming. Although cable
    headends are not generally located in residentially zoned areas,
    cable headend reception equipment is important for the reception of
    broadcast TV and thus must be protected. *See* Ciciora, Walter, et
    al. Modern Cable Television Technology: Video, Voice and Data
    Communications, 2nd Edition. Morgan Kaufmann Publishers, 2004.

[^51]: MSTV comments at 6 and UltraVision reply comments at 10.

[^52]: *See* FCC Consumer Advisory Notice*, The DTV Transition and
    LPTV/Class A/Translator Stations,* available at
    http://www.fcc.gov/cgb/consumerfacts/DTVandLPTV.html. *See also,* 47
    C.F.R. §74.602(h)(4). Full power TV broadcast stations will convert
    to digital transmissions by February 18, 2009.

[^53]: While equipment approval for medical telemetry devices may no
    longer be obtained under Sections 15.241 and 15.242, it is important
    to note that these devices were subjected to equipment approval to
    protect the wireless medical telemetry devices from interference
    caused by TV Broadcast stations, and not because of interference
    being caused to the reception of broadcast TV.

[^54]: Devices authorized under Section 15.241 are permitted to operate
    with field strengths of any emission radiated within a specified 200
    kHz band not exceeding 1500 microvolts per meter at 3 meters, while
    emissions radiated on any frequency outside the 200 kHz bandwidth
    are limited to the Part 15.209 general emission limits of 150
    microvolts per meter at 3 meters. 47 C.F.R. § 15.241(c). Devices
    operating under Section 15.242 are permitted to operate at a much
    higher emission limit of 200 millivolts per meter at 3 meters, with
    out-of-band emissions limited to the Part 15.209 general emission
    limits of 150 microvolts per meter at 3 meters. 47 C.F.R. §
    15.242(c).

[^55]: 47 C.F.R. §15.242(a).

[^56]: 47 C.F.R. §15.242(d).

[^57]: We note here that below 960 MHz UltraSensor operates within the
    existing emission limits of Section 15.209.

[^58]: UltraVision will have to seek permission to deploy more than 350
    devices or to extend the deployment period beyond two years.

[^59]: *See Revision of Part 15 of the Commission's Rules Regarding
    Ultra-Wideband Transmission Systems First Report and Order*, 17 FCC
    Rcd. 7435 (2002) at ¶55.

[^60]: 47 C.F.R. §§15.511(b)(2),15.525.

[^61]: *See* 47 C.F.R. §2.939(a), which states "\[t\]he Commission may
    revoke any equipment authorization:...(2) if upon subsequent
    inspection or operation, it is determined that the equipment does
    not conform... to the representations made in the original
    application."

[^62]: 47 C.F.R. § 15.5.