**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Parts 2 and 90 of the ) ET Docket No. 98-95

Commission\'s Rules to Allocate the ) RM-9096

5.850-5.925 GHz Band to the )

Mobile Service for Dedicated Short )

Range Communications of Intelligent )

Transportation Services )

**REPORT AND ORDER**

**Adopted:** October 21, 1999 **Released:** October 22, 1999

By the Commission:

**INTRODUCTION**

By this action, we allocate 75 megahertz of spectrum at 5.850-5.925 GHz
to the mobile service for use by Dedicated Short Range Communications
(\"DSRC\") systems operating in the Intelligent Transportation System
(\"ITS\") radio service. ITS services are expected to improve traveler
safety, decrease traffic congestion, facilitate the reduction of air
pollution, and help to conserve vital fossil fuels. DSRC systems are
being designed that require a short range wireless link to transfer
information between vehicles and roadside systems. We are also adopting
basic technical rules establishing power limits, unwanted emission and
frequency stability limits for DSRC operations. We defer consideration
of licensing and service rules and spectrum channelization plans to a
later proceeding because standards addressing such matters are still
under development by the Department of Transportation. Once such
standards are developed, the Commission could take whatever action is
necessary to implement the standards related to DSRC use. Our decisions
here will further the goals of the United States (\"U.S.\") Congress and
the Department of Transportation to improve the efficiency of the
Nation\'s transportation infrastructure and will facilitate the growth
and development of the ITS industry.

**BACKGROUND**

On June 11, 1998, the Commission voted to approve and released the
*Notice of Proposed Rule Making* (\"*NPRM*\")[^1] in ET Docket No. 98-95
which proposed to allocate the 5.85-5.925 GHz band on a primary basis to
the mobile service for use by DSRC-based[^2] ITS operations.[^3] As
discussed in the *NPRM*, ITS applications rely upon the integration of
advanced communications systems and highway infrastructure systems.
Communications are an essential component of the backbone of all ITS
applications, which rely on the swift and accurate flow of information.
While many ITS communications requirements are being met within the
framework of existing telecommunications systems, the *NPRM* stated that
there is a need for spectrum for reliable short-range wireless
communications links between vehicles traveling at highway speeds and
roadside systems, *i.e.,* DSRC.[^4] Accordingly, the Commission proposed
an allocation of 75 megahertz of spectrum near 5.9 GHz for DSRC
operations and requested comment on various related matters.

Two days before the release of the *NPRM*, on June 9, 1998, the
President signed the *Transportation Equity Act for the 21st
Century*.[^5] Section 5206(f) of this Act states that \"\[t\]he Federal
Communications Commission shall consider, in consultation with the
Secretary, spectrum needs for the operation of intelligent
transportation systems, including spectrum for the dedicated short‑range
vehicle‑to‑wayside wireless standard. Not later than January 1, 2000,
the Federal Communications Commission shall have completed a rule making
considering the allocation of spectrum for intelligent transportation
systems.\"

In response to the *NPRM*, the Commission received 13 comments and 6
reply comments. ITS proponents support the allocation of 75 megahertz of
spectrum at 5.85-5.925 GHz for use by DSRC-based ITS services. Amateur
radio entities argue that other spectrum bands above 40 GHz would be
more appropriate and that the DSRC allocation would substantially reduce
the value of the 5.9 GHz band to the Amateur radio service.
Additionally, Resound Corporation (\"Resound\") opposes DSRC operations
in the 5.850-5.875 GHz segment because it plans to use this spectrum on
an unlicensed basis for hearing assistance devices and ear-piece
communications for devices such as cellular phones and land mobile
radios.

**DISCUSSION**

We are cognizant of the substantial efforts by both Government and
non-Government entities to develop, in response to Congress\'
transportation legislation, a National ITS Plan and Architecture[^6]
addressing ways of using communications technologies to increase the
efficiency of the nation\'s transportation infrastructure. The record in
this proceeding overwhelmingly supports the allocation of spectrum for
DSRC-based ITS applications to increase traveler safety, reduce fuel
consumption and pollution, and continue to advance the nation\'s
economy. As discussed below, while some parties argue that other
spectrum may be more appropriate for DSRC operations, we find that the
5.85-5.925 GHz band can accommodate a wide variety of reliable DSRC
applications without significantly hindering other users of this
spectrum.

*A. Spectrum Allocation*.

The 5.850-5.925 GHz band is allocated internationally on a primary basis
for Fixed Services, Fixed Satellite Service (\"FSS\") Earth-to-space
links (\"uplinks\"), and Mobile Services. Additionally, in Region 2[^7]
this band is allocated on a secondary basis to the Amateur radio service
and the Radiolocation service. Further, the 5.850-5.875 GHz segment is
designated internationally for industrial, scientific and medical
(\"ISM\") applications.[^8] Domestically, the entire 5.850-5.925 GHz
band is currently allocated on a co-primary basis for the Government\'s
Radiolocation Service (*i.e.,* for use by high-powered military radar
systems) and for non-Government FSS uplink operations. ISM devices and
unlicensed Part 15 devices are also permitted to operate in the
5.850-5.875 GHz segment. Finally, the Amateur radio service has a
secondary domestic allocation in the entire band.[^9]

In the *NPRM*, we stated that the 5.9 GHz range was appropriate for DSRC
applications due to its potential compatibility with European and Asian
DSRC developments, the availability of radio technology, signal
propagation characteristics, and the available spectral capacity in this
spectrum range.[^10] After carefully reviewing the record, we conclude
that an allocation of spectrum in the 5.9 GHz region is the best
available choice for DSRC applications. The comments confirm that
DSRC-based ITS applications are being developed internationally in this
frequency range. Therefore, an allocation for DSRC operations in the 5.9
GHz region should produce economies of scale that will reduce costs and
promote international compatibility. The record also demonstrates that
the propagation characteristics of this region of the spectrum are well
suited to the short range communications of up to a mile that will
typify DSRC operations.[^11] The ITS community has done research showing
that the 5.85-5.925 GHz frequency band provides adequate range for DSRC
communications and reasonable frequency reuse distances.[^12]

The American Radio Relay League (\"ARRL\") argues that the Commission
has not adequately considered alternative spectrum above 40 GHz that is
relatively available and could be used for short range
communications.[^13] We find that the propagation characteristics of
millimeter wave spectrum would not accommodate any DSRC applications.
Specifically, signals in the millimeter wave spectrum tend to be sharply
attenuated by the atmosphere, foliage and other objects.[^14] While
these characteristics may be favorable for some applications, this
spectrum is generally used for line of sight communications and is
rarely used in a mobile environment where signals can easily be blocked.
DSRC applications will be mobile and not all DSRC communications will be
line of sight. Further, many DSRC-based ITS services will need a high
degree of reliability which could not be achieved using spectrum above
40 GHz due to the potential for signal blockage. Therefore, we find that
millimeter wave spectrum would not be appropriate for DSRC-based ITS
communications. Further, DSRC applications at millimeter wave
frequencies would not benefit from the global research and development
being performed for the 5.9 GHz range.

Amateur radio interests and Resound argue that the proposed allocation
of 75 megahertz of spectrum for DSRC operations is excessive and that
neither the comments nor the *NPRM* justified such a large
allocation.[^15] The Department of Transportation (\"DOT\") asserts that
an allocation of 75 megahertz is needed to provide for future growth and
development of a wide array of DSRC applications and to promote
investment in ITS technology. Based on the record, we conclude that an
allocation of 75 megahertz of spectrum for DSRC is warranted. First, we
note that DSRC applications are a key element in meeting the nation\'s
transportation needs into the next century and in improving the safety
of our nation\'s highways. With this goal in mind, we agree with the DOT
that it is important to provide sufficient spectrum to facilitate the
development and growth of DSRC applications. For example, this
allocation will ensure that adequate spectrum will be available for
advanced DSRC applications that are anticipated in the future, such as
Automated Highway systems,[^16] which could require several dedicated
wideband channels to ensure service reliability. We also find that an
allocation of 75 megahertz will provide the flexibility needed to share
spectrum with incumbent operations.

ARRL argues that an allocation of 75 megahertz is unjustified compared
to the 10 megahertz being made available in Europe for similar DSRC
applications.[^17] The European Road Transport and Traffic Telematics
(\"RTTT\") pre-standard consists of 10 megahertz at 5.795-5.805 GHz with
an additional 10 megahertz available on a national basis at 5.805-5.815
GHz, and recommends that this spectrum be made available on an exclusive
basis to avoid interference.[^18] However, the European pre-standard
allows for 5 megahertz channel pairs and is intended to provide far
fewer applications than planned for in the National ITS Architecture for
the U.S.[^19] Further, the European pre-standard states that future
applications may require expansion of the available spectrum at 5.8 GHz.
The Japanese pre-standard for DSRC applications plans to make 60
megahertz of spectrum available in the 5.8 GHz range on an exclusive
basis.[^20] Further, the Japanese standard uses 10 megahertz channels in
order to convey large amounts of data to fast moving vehicles as they
pass through small communication areas. We note that the record
submitted for DSRC deployment in the U.S. indicates a need for up to 32
different DSRC transactions, many of which will require two-way
capabilities, wideband channels, and the need for multiple channels in a
single location.[^21] We also note that not all channels will be
available for DSRC deployment in all areas due to incumbent radar, ISM
and FSS operations. Therefore, we find that 75 megahertz of DSRC
spectrum within the United States is warranted due to the scope of the
National ITS Architecture,[^22] the incumbent operations in this band in
the U.S. and consideration DSRC developments domestically and
internationally.

Because vehicles, especially commercial trucks, often travel beyond the
boundaries of the United States, we consulted with both Canada and
Mexico to determine their plans for deploying ITS technologies. Canada
has advised that it has a significant number of fixed service operations
in the 5.875-5.883 GHz and 5.908-5.925 GHz bands which could be
incompatible with DSRC-based ITS operations in Canada. Nevertheless, we
believe North American interoperability can be achieved. An allocation
of 75 megahertz for DSRC applications will allow ITS licensees
flexibility in the implementation of ITS. ITS services that require
cross-border interoperability can be placed in the 50 megahertz of
spectrum where Canada does not have significant fixed service deployment
(5.850-5.875 MHz and 5.883-5.908 MHz). Further, we believe that DSRC
mobile devices could easily be designed to respond to road-side beacons
across the entire 5.825-5.925 GHz range which would promote
interoperability with Canadian ITS operations should they decide to use
the 5.825-5.850 GHz portion. We do not believe low power DSRC operations
in the United States would cause interference to Canadian fixed
operations in the 5.875-5.883 GHz and 5.908-5.925 GHz bands. While
discussions with Mexico are on-going, we do not anticipate spectrum
sharing problems with operations in Mexico. As service rules are
developed and operations in these bands are more clearly defined, we
will consider the need to develop coordination requirements in border
areas. Nevertheless, we encourage any entities addressing standards for
ITS operations in the 5.9 GHz range to plan DSRC applications with the
least potential for interference with Canadian operations for the
5.875-5.883 GHz and 5.908-5.925 GHz bands.

For the reasons discussed above, we conclude that the 5.85-5.925 GHz
band is appropriate for DSRC-based ITS applications due to the variety
of operations to be accommodated, the propagation characteristics of the
band, the significant efforts of the Federal and state governments
paired with industry to research ITS use in this band, and ITS
developments internationally. Accordingly, we allocate the 5.850-5.925
GHz band on a primary basis to the mobile service for use by DSRC-based
ITS operations. In order to insure that mobile operations in this range
are ITS related, we are adopting footnote NG160 to our Table of
Frequency Allocations to read as follows:[^23]

NG160 In the 5850-5925 MHz band, the use of the non-Federal government
mobile service is limited to Dedicated Short Range Communications
operating in the Intelligent Transportation System radio service.

*B. Spectrum Sharing.*

The *NPRM* noted that DSRC operations could not cause interference to
incumbent Industrial Scientific and Medical (\"ISM\") operations in the
5.9 GHz band because these devices generate electromagnetic energy for
non-communications related purposes (*e.g.,* microwave ovens) and do not
have receivers. Additionally, high powered Government radar operations
would typically cause interference to low power mobile operations rather
than receive interference. The *NPRM* also tentatively concluded that
sharing with incumbent FSS and amateur operations in the band should be
possible.[^24] Commenters indicate that spectrum sharing with incumbent
Government operations and FSS operations can be accomplished, but
secondary amateur radio interests and unlicensed interests argue that a
DSRC allocation could lead to spectrum incompatibilities.

*Government Radar Operations.* The National Telecommunications and
Information Administration (\"NTIA)\" urges the Commission to require
DSRC operations within 75 kilometers of 65 possible radar locations to
coordinate their operations through the Frequency Assignment
Subcommittee of the Interdepartment Radio Advisory Committee
(\"IRAC\").[^25] DOT provides a study that indicates that DSRC
operations could operate in close proximity to most high powered
Government radar operations.[^26] We agree that sharing between DSRC and
Government operations is possible if proper coordination is performed,
and thus we adopt the NTIA recommendation. We find that this
coordination requirement will enable DSRC deployment across the U.S.
Further, we agree with NTIA that DSRC applications within these
coordination areas cannot claim protection from existing radar
operations, but new radar installations that may be deployed subsequent
to DSRC implementation would have to coordinate with incumbent DSRC
operations.

*FSS Operations.* Panamsat states that as long as DSRC-based ITS
applications operate according to the technical parameters described in
the *NPRM*, interference to FSS operations should not result, and
Panamsat does not oppose the allocation.[^27] As discussed below, we are
adopting the power limits proposed in the *NPRM*. The aggregate increase
in noise in this band from DSRC devices would be small compared to that
caused by ISM devices and Government radar operations.[^28] We also note
that no commenters question the spectrum sharing feasibility of FSS
operations and DSRC operations.[^29] We thus conclude that DSRC
applications would be compatible with FSS uplinks because FSS earth
stations typically use highly directional antennas pointed towards the
geostationary orbital arc, and DSRC applications would typically be
pointed towards a highway and operate at relatively low power. It may be
necessary in some cases for DSRC systems to avoid an area near an
incumbent FSS earth station in order to avoid the high powered earth
station transmission. Nonetheless, because of the limited number of FSS
earth stations and their use of highly directional antennas, we find
that spectrum sharing is feasible. At this time, we do not anticipate
that prior coordination is necessary between DSRC and FSS operations,
but we will consider this matter in a later proceeding.

*Amateur Service Operations.* Amateur service licensees and
organizations representing amateur service interests raise the majority
of DSRC spectrum sharing concerns. We are sympathetic with ARRL\'s
concerns that an ITS allocation at 5.9 GHz, together with the U-NII
allocation in the 5.725-5.825 GHz band, could impact amateur service use
in the 5.650-5.925 GHz band. We note, however, that the amateur service
is afforded secondary status in these bands and that, as the *NPRM*
pointed out, this secondary amateur service allocation covers 275
megahertz of spectrum in the 5.650-5.925 GHz band. We also note that the
amateurs historically have been able to design and modify their systems
to avoid or minimize interference given the flexibility in selecting
transmitting channels that Part 97 affords amateur service
stations.[^30] The record indicates that amateur service use of the
5.85-5.925 GHz band is primarily for point-to-point networks.[^31] We
believe that spectrum sharing between the amateur service point-to-point
links and DSRC operations is viable. The DSRC applications will
generally operate over relatively short distances and will use
directional antennas. While DSRC operations along the path of a higher
power amateur service point-to-point link may experience interference,
we conclude that these occurrences would be infrequent and interference
could be mitigated by using alternative frequencies, shielding, informal
coordination or by other means. Therefore, we find that DSRC operations
in the 5.85-5.925 GHz band are unlikely to receive significant
interference from or cause interference to amateur operations.

ARRL suggests that coordination between the Amateur radio service and
DSRC operations would promote spectrum sharing in the 5.85-5.925 GHz
band.[^32] Given that amateur operations are secondary in this spectrum
range, are not extensively deployed, and considering the availability of
remedies if interference should occur; we do not anticipate that a
formal coordination procedure will be necessary. However, the Commission
may revisit this matter in the future as DSRC operations develop and
more experience is gained with sharing this spectrum. We encourage any
ITS entities wishing to use the 5.85-5.925 GHz band to informally notify
the ARRL or the local amateur service community of its intended
operation. In this regard, we note that in many areas of the country,
amateur radio operators have established clubs which can disseminate
information locally, that bulletin boards devoted to specialized
interests in amateur radio are available on the Internet, and that
databases of amateur radio operators and their locations also are
readily available on the Internet.

*Unlicensed Hearing Assistance Devices.* Resound filed comments stating
that it is contemplating development of unlicensed low power hearing
assistance devices in the 5.85-5.875 GHz band under our Part 15
rules.[^33] The planned device would offer significant performance in
the presence of audio background noise (i.e., the listener would be
better able to hear a particular person in a crowded room). Resound
objected to the proposed allocation of this spectrum for DSRC operations
because it could cause interference to its planned hearing assistance
devices.[^34] We note that other high powered incumbent operations, such
as Government radar systems, ISM operations and amateur systems, already
occupy this spectrum. Even if we were to preclude DSRC operations in the
5.85-5.875 GHz segment, the incumbent operations in this band already
pose a significant interference environment for hearing assistance
devices. We are unaware of whether Resound has made a final
determination as to whether to pursue use of this spectrum for hearing
assistance devices. We recognize that Resound\'s hearing assistance
devices could be beneficial and encourage them to identify other
spectrum that may be more appropriate for these devices.

*C. Technical Requirements*.

The *NPRM* proposed basic technical requirements such as power limits,
unwanted emission limits, radio frequency exposure guidelines and
frequency stability requirements, in order to promote spectrum sharing
and ensure the safety of DSRC users. Additionally, the *NPRM* discussed
the importance of technical standards and a spectrum channel plan to
promote nationwide interoperability among DSRC operations and future
developments of this service. The *NPRM* also discussed our existing
Part 15 unlicensed rules and the potential for certain DSRC applications
to be deployed on an unlicensed basis.[^35]

The comments in response to the *NPRM* support basic technical rules
necessary to prevent harmful interference in the 5.9 GHz band and urge
the Commission to maintain a flexible regulatory environment to
accommodate the evolution and development of DSRC applications and
standards.[^36] ITS America notes that ITS standards have already been
developed in Europe, and that Japan is close to deployment of ITS.
Additionally, the TEA-21 legislation requires the necessary federal
agencies to develop, implement, and maintain a national architecture to
guide nationwide deployment of ITS and to set standards and protocols to
promote the widespread use of these technologies and to ensure
interoperability.[^37] We note that the Secretary of Transportation
submitted, in satisfaction of the June 1, 1999 statutory requirement, a
report to Congress identifying which standards are critical to national
interoperability or standards development and specifying the status of
the development of each standard identified.[^38] We find that it would
be beneficial at this time to adopt basic technical requirements to
promote spectrum sharing and create a basic framework for the
development of DSRC operational standards by industry. We recognize that
the rules we adopt here may need to be reviewed at such time as we
develop licensing and service rules for DSRC systems.

*1. Spectrum Channelization*

The *NPRM* sought comment on whether and how spectrum allocated for DSRC
use could be divided into channels, allowing for different types of DSRC
applications to operate on discrete portions of the allocated band.[^39]
The NPRM noted that a spectrum channelization plan could facilitate
spectrum efficiency and interoperability of DSRC applications. The
*NPRM* stated that any DSRC channelization plan would need to
accommodate the deployment of affordable equipment, allow both
narrowband and broadband data transmissions, and should handle a variety
of communications, including one-way low-speed data links, two-way
high-speed data links and so forth. The *NPRM* stated that, although
decisions on channelization issues could be deferred to a later
proceeding addressing service rules and licensing of DSRC services, a
record here would assist standards setting organizations that are
currently studying and evaluating channelization concerns.

Comments to the *NPRM* support DSRC spectrum channelization to promote
interoperability and suggest that any plan should include flexible
options to allow for various technologies, application specific
deployment, and the evolution of DSRC services.[^40] We find that a
spectrum channelization plan would facilitate the efficient use of this
spectrum and interoperability among various DSRC services. However, the
record here is insufficient to devise a specific channel plan that would
adequately address the spectrum requirements, both narrowband and
broadband, of the various potential DSRC applications. We invite the ITS
industry and the DOT to consider the spectrum requirements of various
DSRC applications and recommend a spectrum channel plan. We will address
this matter further in a future proceeding proposing licensing and
service rules.

*2. Power.*

In the *NPRM*, we proposed to permit DSRC-type devices to operate at a
maximum transmitter output power of 750 milliwatts (\"mw\") with up to
16 dBi gain antennas, with a 30 W effective isotropic radiated power
(\"EIRP\"), to encourage the use of directional antennas to meet DSRC
range requirements and a high level of frequency reuse.[^41] However,
the record in response to the *NPRM* indicates that this proposed power
limit may be overly restrictive for some DSRC applications.
Specifically, the proposed rules did not account for losses in the
transmission line from roadside transmitters to the transmitting
antennas that may be located over the travel lanes.[^42] Additionally,
specifying power in terms of maximum transmitter output power with a
permitted antenna gain could preclude some DSRC applications which need
to use antennas that are not highly directional. For example, a freight
tracking system within a freight yard could benefit from sending a
signal in all directions but such operations would be precluded by our
proposed power requirement. DOT states that although wide area
applications are unlikely at 5.9 GHz, such alternatives should not be
precluded. Further, both DOT and ITS America assert that some DSRC
applications may require more than 30 W EIRP to achieve their desired
communications.[^43]

We conclude that it is important to establish some power limits for DSRC
operations so that they can achieve widespread deployment, and typically
power requirements need to be flexible enough to allow various DSRC
applications to be developed. We find that most DSRC operations will use
highly directional antennas to focus communications in an intended
direction (*e.g.,* along the lane of a highway) and to promote frequency
reuse. We agree with comments that indicate that some flexibility in our
peak transmit output power should be permitted to account for line
losses between the transmitter and the antenna. Therefore, we adopt the
following power requirements for DSRC operations in the 5.85-5.925 GHz
band:

The peak transmit output power over the frequency band of operations
shall not exceed 750 mW or 28.8 dBm with up to 16 dBi in antenna gain.
If transmitting antennas of directional gain greater than 16 dBi are
used, the peak transmit output power shall be reduced by the amount in
dB that the directional gain of the antenna exceeds 16 dBi, *i.e.,* the
device\'s maximum EIRP shall not exceed 30 W EIRP. However, the peak
transmitter output power may be increased to account for any line losses
due to long transmission cables between the transmitter and the DSRC
device\'s antenna, provided the EIRP does not exceed 30 W.

We conclude that this power limit is sufficient to satisfy many DSRC
applications, compensate for transmission line losses, promote the
deployment of various types of applications, and provide a high degree
of frequency reuse. Nonetheless, our rules will require ITS licensees to
use the minimal power necessary to achieve reliable communications in
order to promote frequency reuse. We recognize that when operating
standards for various DSRC applications are devised, we may need to
revisit the specific requirements needed for each type of application
and how those applications will best be deployed within a corresponding
spectrum channelization plan. For example, DSRC applications requiring
more than 750 mW of transmitter output power could be designated to
specific channels, whereas other channels could be reserved for those
applications using lower power to allow widespread deployment of such
operations. Any requests for additional power should be accompanied by
sufficient analysis to demonstrate spectrum sharing with other
operations in this frequency range.

*3. Unwanted Emission Limits.*

The NPRM tentatively concluded that the emission mask requirements for
Location and Monitoring Service (\"LMS\") operations in the 902-928 MHz
band would be appropriate for DSRC applications in the 5.9 GHz
band.[^44] No commenter made specific recommendations regarding the
proposed unwanted emission limits, but DOT expressed concern that the
wholesale application of the proposed limits may be too restrictive for
DSRC applications in the 5.9 GHz range.[^45] We conclude that it is
necessary to limit the amount of unwanted emissions, both those
occurring outside of the DSRC spectrum band and those emanating from one
channel to the next within the DSRC band. We thus find that the unwanted
emission limits proposed in the *NPRM* are appropriate and necessary to
promote spectrum sharing between DSRC applications in the 5.85-5.925 GHz
band.[^46] Accordingly, we adopt the emission mask requirements of
Section 90.210(k) for DSRC operations in the 5.9 GHz band. We recognize
that depending on the developing DSRC applications, the licensing scheme
adopted and the corresponding spectrum channelization plan, we may need
to revisit the emission limits between specific channels or
applications, *e.g*., more sensitive applications on specific channels
may require additional protection or a licensee with access to multiple
consecutive channels in a geographic area could benefit from additional
flexibility regarding unwanted emissions without affecting other
operations.

*4. Frequency Stability.*

The NPRM proposed to apply to DSRC operations in the 5.9 GHz band the
frequency stability requirement specified in Section 2.995 (now Section
2.1055) of our rules[^47] in order to prevent DSRC operations from
causing interference to DSRC operations on other channels or to other
services in nearby spectrum. We note that Part 90 also has more specific
frequency stability requirements in Section 90.213 which vary according
to the channel bandwidth of the operation.[^48] Since we are not yet
able to establish a channelization plan for DSRC operations, we will
defer any decision on frequency stability requirements to a future
proceeding.

*5. RF Guidelines*.

No party opposed the NPRM\'s proposal to use our existing RF guidelines
to protect the traveling public from excessive RF energy.[^49] We note
that the low power nature of DSRC devices makes it very unlikely that
excessive levels of RF energy could result from DSRC operations.
Nevertheless, the Commission requires compliance with these guidelines
for all applications to ensure the public\'s safety. Therefore, DSRC
operations must comply with the RF safety guidelines contained in the
*Second Memorandum Opinion and Order* (\"*Second MO&O*\") in ET Docket
No. 93-62.[^50] We believe this level of protection is appropriate and
will not result in exposure to the public of unsafe levels of RF energy.

*6. Unlicensed DSRC Operations.*

The *NPRM* acknowledged that some non-safety DSRC applications would
benefit from unlicensed status because of the ease of implementing and
the technical flexibility typically permitted such operations. The
*NPRM* pointed out that our rules already permit a variety of unlicensed
operations in the 5.725-5.875 GHz range,[^51] but asked if the existing
Part 15 rules for unlicensed operations were sufficient to accommodate
DSRC applications.[^52] Specifically, Section 15.245 of our Rules
permits unlicensed field disturbance sensors to operate in the
5.785-5.815 GHz band. While these field disturbance sensors are not
available for two-way information communications, our rules would permit
backscatter[^53] type toll-tag operations in this band with a permitted
average field strength of 500 millivolts/meter at a distance of 3 meters
(75 mW EIRP). Additionally, Section 15.247 of our Rules permits
unlicensed spread spectrum communications devices to operate in the
5.725-5.850 GHz band with a maximum peak transmitter output power of 1
watt with antenna gain of up to 6 dBi. Finally, Section 15.249 permits
unlicensed communications devices to operate in the 5.725-5.875 GHz band
with a maximum average field strength of 50 millivolts/meter at a
distance of 3 meters (0.8 mW EIRP). Amtech Systems Division of Intermec
Technologies Corporation (\"Amtech\") states that unlicensed use should
be part of the DSRC scheme whether or not it is part of the 5.85-5.925
GHz allocation. Amtech also requests that the Commission change its
interpretation of frequency hopping spread spectrum systems[^54] to
allow backscatter DSRC systems in the 5.725-5.825 GHz band under Section
15.247.

A backscatter system that transmits an unmodulated carrier signal to a
mobile transponder which, in turn, reflects a modulated signal, does not
qualify as a conventional spread spectrum system under our rules. Our
rules define a spread spectrum system as a system that conveys
information by modulation of a carrier by some conventional means and
then deliberately widens the bandwidth by means of a spreading function
over that which would be needed to transmit the information alone.[^55]
Because backscatter beacon stations do not modulate their carriers, they
do not qualify as spread spectrum devices. We thus decline to modify our
rules to allow backscatter systems to qualify for use as spread spectrum
systems under Section 15.247. Nevertheless, the spread spectrum
requirements of Section 15.247 can likely accommodate a wide range of
alternative unlicensed DSRC communication systems.

We believe that low power unlicensed DSRC could benefit some
applications, such as fee collection at parking garages and commercial
establishments. We note that unlicensed applications under our Part 15
rules may not be appropriate for all DSRC applications because they must
accept any interference and must not cause interference to other
operations, particularly any services with allocated status such as the
Part 90 DSRC operations addressed here.[^56] Nevertheless, we believe
that these types of applications could be useful for DSRC deployments in
the 5.85-5.925 GHz band and we will explore in a future proceeding
whether we should provide for such applications under either unlicensed
or licensed-by-rule status. For example, while short range low power
DSRC backscatter systems could probably satisfy the maximum average
field strength requirements under Section 15.249 for the 5.725-5.875 GHz
band, it is problematic to allow such systems to operate at the same
higher power as unlicensed spread spectrum devices under Section 15.247.
Therefore, although we find that our existing Part 15 rules for
unlicensed operations should not be changed for the 5.725-5.875 GHz band
at this time, we will explore further possible unlicensed or
licensed-by-rule requirements for the 5.85-5.925 GHz band once DSRC
standards are developed and we have a better idea of what technical
requirements would be necessary.

*E. Other Issues*.

Commenters generally support the following definition of DSRC services
which we proposed in the NPRM:

The use of non-voice radio techniques to transfer data over short
distances between roadside and mobile radio units, between mobile units,
and between portable and mobile units to perform operations related to
the improvement of traffic flow, traffic safety and other intelligent
transportation service applications in a variety of public and
commercial environments. DSRC systems may also transmit status and
instructional messages related to the units involved.[^57]

As commenters point out, this definition is not as limiting as the
definition for LMS operations in the 902-928 MHz band and should allow
for a broad range of commercial, private, and safety-related services
anticipated for DSRC operations without permitting unintended use.[^58]
For example, we find that stipulating DSRC as a data service, not
intended for two-way voice communications, is in accordance with the ITS
National Architecture and would prevent a proliferation of voice
applications which could hinder the use of the spectrum by DSRC data
applications. Further, any ITS applications that would benefit from real
time two-way voice communications could use a variety of other existing
land mobile services. Accordingly, we adopt the proposed DSRC definition
for this mobile allocation in the 5.9 GHz range.

**PROCEDURAL INFORMATION**

*Final Regulatory Flexibility Analysis.* The Final Regulatory
Flexibility Analysis for this Report and Order, pursuant to the
Regulatory Flexibility Act, 5 U.S.C. §604, is contained in Appendix C.

For further information concerning this proceeding, contact Tom Derenge
at (202) 418-2451, internet: tderenge@fcc.gov, Office of Engineering and
Technology, Federal Communications Commission, Washington, DC 20554.

**ORDERING CLAUSES**

IT IS ORDERED that, pursuant to Sections 4(i), 7, 302, 303(c), 303(e),
303(f) and 303(r) of the Communications Act of 1934, as amended, 47
U.S.C. Section 154(i), 157, 302, 303(c), 303(e), 303(f) and 303(r), this
Report and Order IS ADOPTED and that Parts 2 and 90 of the Commission\'s
Rules ARE AMENDED, as specified in Appendix A, effective 30 days after
publication in the Federal Register.

IT IS FURTHER ORDERED THAT the Regulatory Flexibility Analysis, as
required by Section 604 of the Regulatory Flexibility Act and as set
forth in Appendix C, IS ADOPTED.

IT IS FURTHER ORDERED that the Commission\'s Office of Public Affairs,
Reference Operations Division, SHALL SEND a copy of this Report and
Order, including the Final Regulatory Flexibility Certification, to the
Chief Counsel for Advocacy of the Small Business Administration.

FEDERAL COMMUNICATIONS COMMISSION

Magalie Roman Salas

Secretary

**Appendix A: Final Rules**

Parts 2 and 90 of title 47 of the Code of Federal Regulations are to be
amended as follows:

**PART 2 \-- FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS;**

**GENERAL RULES AND REGULATIONS**

1\. The authority citation for Part 2 continues to read as follows:

**AUTHORITY: 47 U.S.C. 154, 302, 303, 307 and 336, unless otherwise
noted.**

2\. Section 2.106, the Table of Frequency Allocations, is amended as
follows:

a\. Revise the entry for the 5850-5925 MHz band to read as follows.

b\. Add footnote NG160.

**§ 2.106 Table of Frequency Allocations**

\* \* \* \* \*

<table>
<colgroup>
<col style="width: 15%" />
<col style="width: 0%" />
<col style="width: 15%" />
<col style="width: 0%" />
<col style="width: 15%" />
<col style="width: 0%" />
<col style="width: 15%" />
<col style="width: 0%" />
<col style="width: 15%" />
<col style="width: 0%" />
<col style="width: 15%" />
<col style="width: 0%" />
<col style="width: 8%" />
<col style="width: 0%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="5">International table</td>
<td colspan="4">United States table</td>
<td colspan="4">FCC use designators</td>
<td></td>
</tr>
<tr class="even">
<td>Region 1 -- allocation MHz</td>
<td colspan="3">Region 2 -- allocation MHz</td>
<td>Region 3 -- allocation MHz</td>
<td colspan="3">Government</td>
<td>Non-Government</td>
<td colspan="3">Rule part(s)</td>
<td>Special-use frequencies</td>
<td></td>
</tr>
<tr class="odd">
<td>(1)</td>
<td colspan="3">(2)</td>
<td>(3)</td>
<td colspan="3"><p>Allocation MHz</p>
<p>(4)</p></td>
<td><p>Allocation MHz</p>
<p>(5)</p></td>
<td colspan="3">(6)</td>
<td>(7)</td>
<td></td>
</tr>
<tr class="even">
<td colspan="2">*</td>
<td>*</td>
<td colspan="3">*</td>
<td>*</td>
<td colspan="3">*</td>
<td>*</td>
<td colspan="2">*</td>
<td></td>
</tr>
<tr class="odd">
<td><p>5850 – 5925</p>
<p>FIXED</p>
<p>FIXED-SATELLITE</p>
<p>(Earth-to-space)</p>
<p>MOBILE</p>
<p>S5.150</p></td>
<td colspan="3"><p>5850 – 5925</p>
<p>FIXED</p>
<p>FIXED-SATELLITE</p>
<p>(Earth-to-space)</p>
<p>MOBILE</p>
<p>Amateur</p>
<p>Radiolocation</p>
<p>S5.150</p></td>
<td><p>5850 – 5925</p>
<p>FIXED</p>
<p>FIXED-SATELLITE</p>
<p>(Earth-to-space)</p>
<p>MOBILE</p>
<p>Radiolocation</p>
<p>S5.150</p></td>
<td colspan="3"><p>5850 – 5925</p>
<p>RADIOLOCATION G2</p>
<p>S5.150 US245</p></td>
<td><p>5850 – 5925</p>
<p>FIXED-SATELLITE</p>
<p>(Earth-to-space)</p>
<p>US245</p>
<p>MOBILE NG160</p>
<p>Amateur</p>
<p>S5.150</p></td>
<td colspan="3"><p>ISM Equipment (18)</p>
<p>Private Land</p>
<p>Mobile (90)</p>
<p>Amateur (97)</p></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td>*</td>
<td colspan="3">*</td>
<td>*</td>
<td colspan="3">*</td>
<td>*</td>
<td colspan="3">*</td>
<td>*</td>
<td></td>
</tr>
</tbody>
</table>

NON-GOVERNMENT (NG) FOOTNOTES

\* \* \* \* \*

NG160 In the 5850-5925 MHz band, the use of the non-Federal government
mobile service is limited to Dedicated Short Range Communications
operating in the Intelligent Transportation System radio service.

\* \* \* \* \*

**PART 90 - PRIVATE LAND MOBILE RADIO SERVICES**

**1.** The authority citation for Part 90 continues to read as follows:

**Authority: Sections 4, 251-2, 303, 309, and 332, 48 Stat. 1066, 1082,
as amended; 47 U.S.C. 154, 251-2, 303, 309, and 332, unless otherwise
noted.**

**2.** Section 90.7 is amended by adding a new definition for Dedicated
Short Range Communications Service to read as follows:

**§ 90.7** **Definitions.**

\* \* \*

*Dedicated Short Range Communications Services (DSRCS)* The use of
non-voice radio techniques to transfer data over short distances between
roadside and mobile radio units, between mobile units, and between
portable and mobile units to perform operations related to the
improvement of traffic flow, traffic safety and other intelligent
transportation service applications in a variety of public and
commercial environments. DSRC systems may also transmit status and
instructional messages related to the units involved.

\* \* \*

**3.** Section 90.205 is amended by renumbering Subsections 90.205(m)
and (90.205(n) to 90.205(n) and 90.205(o), respectively; and by adding a
new Subsection 90.205(m) to read as follows:

**§ 90.205** **Power and antenna height limits.**

\* \* \*

\(m\) *5850-5925 MHz.* The peak transmit output power over the frequency
band of operations shall not exceed 750 mW or 28.8 dBm with up to 16 dBi
in antenna gain. If transmitting antennas of directional gain greater
than 16 dBi are used, the peak transmit output power shall be reduced by
the amount in dB that the directional gain of the antenna exceeds 16
dBi, *i.e.,* the device\'s maximum EIRP shall not exceed 30 W EIRP.
However, the peak transmitter output power may be increased to account
for any line losses due to long transmission cables between the
transmitter and the DSRCS device\'s antenna, provided the EIRP does not
exceed 30 W.

\(n\) *All other frequency bands.* Requested transmitter power will be
considered and authorized on a case by case basis.

\(o\) The output power shall not exceed by more than 20 percent either
the output power shown in the Radio Equipment List \[available in
accordance with §90.203(a)(1)\] for transmitters included in this list
or when not or when not so listed, the manufacturer\'s rated output
power for the particular transmitter specifically listed on the
authorization.

**4.** Section 90.210 is amended by amending the \"APPLICABLE EMISSION
MASKS\" Table to read as follows and by amending Subsection 90.210(k)(3)
to read as follows:

**§ 90.210** **Emission masks.**

Except as indicated elsewhere in this part, transmitters used in the
radio services governed by this part must comply with the emission masks
outlined in this section. Unless otherwise stated, per paragraphs
(d)(4), (e)(4), and (m) of this section, measurements of emission power
can be expressed in either peak or average values provided that emission
powers are expressed with the same parameters used to specify the
unmodulated transmitter carrier power. For transmitters that do not
produce a full power unmodulated carrier, reference to the unmodulated
transmitter carrier power refers to the total power contained in the
channel bandwidth. Unless indicated elsewhere in this part, the table in
this section specifies the emission masks for equipment operating in the
frequency bands governed under this part.

+----------------------+----------------------+-----------------------+
| **Applicable         |                      |                       |
| Emission Masks**     |                      |                       |
+----------------------+----------------------+-----------------------+
| Frequency band       | Mask for equipment   | Mask for equipment    |
|                      | with                 | without               |
| (MHz)                |                      |                       |
|                      | audio low pass       | audio low pass filter |
|                      | filter               |                       |
+----------------------+----------------------+-----------------------+
| Below 25 ^1^         | A or B               | A or C                |
|                      |                      |                       |
| 25-50                | B                    | C                     |
|                      |                      |                       |
| 72-76                | B                    | C                     |
|                      |                      |                       |
| 150-174 ^2^          | B, D, or E           | C, D, or E            |
|                      |                      |                       |
| 150 Paging-only      | B                    | C                     |
|                      |                      |                       |
| 220-222              | F                    | F                     |
|                      |                      |                       |
| 421-512 ^2^          | B, D, or E           | C, D, or E            |
|                      |                      |                       |
| 450 Paging-only      | B                    | G                     |
|                      |                      |                       |
| 806-821/851-866^3^   | B                    | G                     |
|                      |                      |                       |
| 821-824/866-869      | B                    | H                     |
|                      |                      |                       |
| 896-901/935-940      | I                    | J                     |
|                      |                      |                       |
| 902-928              | K                    | K                     |
|                      |                      |                       |
| 929-930              | B                    | G                     |
|                      |                      |                       |
| 5850-5925            | K                    | K                     |
|                      |                      |                       |
| All other bands      | B                    | C                     |
+----------------------+----------------------+-----------------------+
| ^1^ Equipment using  |                      |                       |
| single sideband J3E  |                      |                       |
| emission must the    |                      |                       |
| requirements of      |                      |                       |
| Emission             |                      |                       |
|                      |                      |                       |
| Mask A. Equipment    |                      |                       |
| using other          |                      |                       |
| emissions must meet  |                      |                       |
| the requirements of  |                      |                       |
| Emission             |                      |                       |
|                      |                      |                       |
| Mask B or C, as      |                      |                       |
| applicable.          |                      |                       |
|                      |                      |                       |
| ^2^ Equipment        |                      |                       |
| designed to operate  |                      |                       |
| with a 25 kHz        |                      |                       |
| channel bandwidth    |                      |                       |
| must meet the        |                      |                       |
|                      |                      |                       |
| requirements of      |                      |                       |
| Emission Mask B or   |                      |                       |
| C, as applicable.    |                      |                       |
| Equipment designed   |                      |                       |
| to                   |                      |                       |
|                      |                      |                       |
| operate with a 12.5  |                      |                       |
| kHz channel          |                      |                       |
| bandwidth must meet  |                      |                       |
| the requirements of  |                      |                       |
| Emission             |                      |                       |
|                      |                      |                       |
| Mask D, and          |                      |                       |
| equipment designed   |                      |                       |
| to operate with a    |                      |                       |
| 6.25 kHz channel     |                      |                       |
| bandwidth            |                      |                       |
|                      |                      |                       |
| must meet the        |                      |                       |
| requirements of      |                      |                       |
| Emission Mask E.     |                      |                       |
|                      |                      |                       |
| ^3^Equipment used in |                      |                       |
| this licensed to EA  |                      |                       |
| or non-EA systems    |                      |                       |
| shall comply with    |                      |                       |
| the emission mask    |                      |                       |
| provisions of        |                      |                       |
| §90.691.             |                      |                       |
+----------------------+----------------------+-----------------------+

\* \* \*

\(k\) \* \* \*

\(3\) *Other transmitters*. For all other transmitters authorized under
subpart M that operate in the 902-928 MHz band and for Dedicated Short
Range Communication Services in the 5.850-5.925 GHz band, the peak power
of any emission shall be attenuated below the power of the highest
emission contained within the licensee\'s sub-band in accordance with
the following schedule:

\(i\) On any frequency within the authorized bandwidth: **Zero dB.**

\(ii\) On any frequency outside the licensee\'s sub-band edges: **55 +
10 log(P) dB**, where (P) is the highest emission (watts) of the
transmitter inside the licensee\'s sub-band.

\* \* \*

**5.** Section 90.350 is amended to read as follows:

**§ 90.350 Scope.**

The Intelligent Transportation Systems radio service is for the purpose
of integrating radio-based technologies into the nation\'s
transportation infrastructure and to develop and implement the nation\'s
intelligent transportation systems. It includes the Location and
Monitoring Service (LMS) and Dedicated Short Range Communications
Service (DSRCS). Rules as to eligibility for licensing, frequencies
available, and any special requirements for services in the Intelligent
Transportation Systems radio service are set forth in this subpart.

**6.** A new Section 90.371 is added to subpart M to read as follows:

**§ 90.371 Dedicated Short Range Communications Service**

These provisions pertain to systems in the dedicated short range
communications services (DSRCS). DSRCS systems utilize non-voice radio
techniques to transfer data over short distances between roadside and
mobile radio units, between mobile units, and between portable and
mobile units to perform operations related to the improvement of traffic
flow, traffic safety and other intelligent transportation service
applications in a variety of public and commercial environments. When
authorized, DSRCS licensees operating systems in the 5850-5925 MHz band
may serve individuals, federal government agencies and entities eligible
for licensing in this Part, and must comply with the following
requirements.

\(a\) DSRCS stations operating in the band 5850-5925 MHz shall not
receive protection from Government Radiolocation services in operation
prior to the establishment of the DSRCS station. Operation of DSRCS
stations within 75 kilometers of the locations listed in the table below
must be coordinated through the National Telecommunications and
Information Administration.

  ----------------------- ----------------------- -----------------------
  Location                Latitude                Longitude

  Ft. Lewis, WA           470525N                 1223510W

  Yakima Firing Center,   464018N                 1202135W
  WA                                              

  Ft. Carson, CO          383810N                 1044750W

  Ft. Riley, KS           385813N                 0965139W

  Ft. Shafter, HI         211800N                 1574900W

  Hunter Army Airfield,   320100N                 0810800W
  GA                                              

  Ft. Gillem, GA          333600N                 0841900W

  Ft. Benning, GA         322130N                 0845815W

  Ft. Stewart, GA         315145N                 0813655W

  Ft. Rucker, AL          311947N                 0854255W

  Yuma Proving Grounds,   330114N                 1141855W
  AZ                                              

  Ft. Hood, TX            310830N                 0974550W

  Ft. Knox, KY            375350N                 0855655W

  Ft. Bragg, NC           350805N                 0790035W

  Ft. Campbell, Ky        363950N                 0872820W

  Ft. Polk, LA            310343N                 0931226W

  Ft. Leonard Wood, MO    374430N                 0920737W

  Ft. Irwin, CA           351536N                 1164102W

  Ft. Sill, OK            344024N                 0982352W

  Ft. Bliss, TX           314850N                 1062533W

  Ft. Leavenworth, KS     392115N                 0945500W

  Ft. Drum, NY            440115N                 0754844W

  Ft. Gordon, GA          332510N                 0820910W

  Ft. McCoy, WI           440636N                 0904127W

  Ft. Dix, NJ             400025N                 0743713W

  Parks Reserve Forces    374254N                 1214218W
  Training Area, CA                               

  Ft. Hunter Ligget, CA   355756N                 1211404W

  Pacific Missile Test    340914N                 1190524W
  Center, CA                                      

  Naval Air Development   401200N                 0750500W
  Center, PA                                      

  Mid-Atlantic Area       381710N                 0762500W
  Frequency Coordinator,                          
  MD                                              

  Naval Research          383927N                 0763143W
  Laboratory, MD                                  

  Naval Ocean Systems     324500N                 1171000W
  Center, CA                                      

  Naval Research          385500N                 0770000W
  Laboratory, DC                                  

  Naval Surface Weapons   390205N                 0765900W
  Center, MD                                      

  Naval Electronic        381000N                 0762300W
  Systems Engineering                             
  Activity, MD                                    

  Midway Research Center, 382640N                 0772650W
  VA                                              

  Aberdeen Proving        392825N                 0760655W
  Ground, MD                                      

  Ft. Huachuca, AZ        313500N                 1102000W

  Ft. Monmouth, NJ        401900N                 0740215W

  Picatinny Arsenal, NJ   405600N                 0743400W

  Redstone Arsenal, AL    343630N                 0863610W

  White Sands Missile     322246N                 1062813W
  Range, NM                                       

  Army Research           390000N                 0765800W
  Laboratory, MD                                  

  Space and Missile       335500N                 1182200W
  Systems Center, CA                              

  Edwards AFB, CA         345400N                 1175200W

  Patrick AFB, FL         281331N                 0803607W

  Eglin AFB, FL           302900N                 0863200W

  Holloman AFB, NM        322510N                 1060601W

  Kirtland AFB, NM        350230N                 1063624W

  Griffiss AFB, NY        431315N                 0752431W

  Wright-Patterson AFB,   394656N                 0840539W
  OH                                              

  Hanscom AFB, MA         422816N                 0711725W

  Nellis AFB, NV          361410N                 1150245W

  Vandenberg AFB, CA      344348N                 1203436W

  U.S. Air Force Academy, 385800N                 1044900W
  CO                                              

  Brooks AFB, TX          292000N                 0982600W

  Arnold AFB, TN          352250N                 0860202W

  Tyndall AFB, FL         300412N                 0853436W

  Charles E. Kelly        402357N                 0800925W
  Support                                         
  Facility\--Oakdale, PA                          
  ----------------------- ----------------------- -----------------------

**Appendix B: DSRC Applications**

o Current DSRC applications include:

\- Electronic payment services - Allows cars to pay tolls automatically
without stopping. Could be expanded in the future to be used at parking
garages, drive through restaurants and other business applications.

\- Commercial Vehicle Electronic Clearance - Installed by highway
departments to allow commercial vehicle operators pass over
weigh-in-motion sensors at inspection stations without stopping while
the vehicle transmits relevant information such as: credentials, size,
weight, cargo, and safety information.

o Emerging DSRC-based services include:

\- Traffic Control - This service gathers traffic data from stationary
traffic surveillance monitors and DSRC-equipped vehicles and uses the
data to assign rights-of-way to certain vehicle types. Rights-of-way are
assigned through control of traffic signals, freeway ramps, reversible
lanes, and information signs.

\- Transit Vehicle Signal Priority - A DSRC-equipped transit vehicle
(city bus), when identified by a DSRC-equipped intersection, can give
priority to proceed ahead of other traffic at a traffic signal.

\- Emergency Vehicle Signal Preemption - Emergency vehicles are given
priority at traffic signals.

\- Incident Management - (Incidents include accidents, sporting events,
parades, construction, etc.) Roadway sensors and DSRC-equipped vehicles
will allow incident management users to reduce congestion by
accelerating incident detection and response time. The system can track
cars as they travel to their destination and use the information to
estimate traffic flow and detect incidents.

\- En-route Driver Information - Provides drivers with real-time
advisories about traffic conditions, accidents, construction and transit
schedules.

\*In-vehicle Signing - Displays information from roadside transmitters
on video monitors or \"heads-up\" displays within the vehicle to provide
the driver information pertinent to their specific circumstances based
on their destination, surroundings and current activities. Information
could include roadway conditions, alert drivers to railroad crossings,
construction zones, fallen rocks, chemical spills, winding curves and
other hazards. In-vehicle signing also serves as the driver interface
for many other DSRC-based applications.

\*Driver Advisory - Allows traffic managers to control the content of
real-time and location-specific traffic advisory information.

\- Automated Roadside Safety Inspection - DSRC would download
information from a commercial vehicle\'s transponder memory about the
driver, the vehicle (braking system and load distribution), the carrier
and previous safety inspection, and upload inspection results to the
transponder\'s memory. This function can increase the number of
inspections while not increasing the number of inspectors or delaying
commercial vehicle travel.

\- Public Transportation Management - DSRC-equipped transit vehicles can
realize increased use and efficiency by improving service reliability,
on-time performance, schedule information accuracy and reduced costs of
public transit.

\- Freight Mobility - Allows dispatchers to locate and track commercial
fleet vehicles, transit vehicles and there cargo, and re-route vehicles
based on real-time traffic information. Allows fleet operators to
optimize performance by enabling just-in-time pick-up and delivery,
reducing driver hours sitting in congestion and waiting to deliver or
receive goods, and automating cargo inventory and tracking systems.

\*Automatic Equipment Monitoring - Transponders on vehicles, trailers,
rail cars, cargo containers may be tracked, information such as type and
temperature of cargo, delivery schedule, hazardous materials, etc. can
be checked.

\*Fleet Management -

-Access control - regulate and restrict access to freight yards,
maintenance bays, and other restricted areas

-Trip log - downloads all DSRC events made during a trip into a log
while the vehicle is stopped at a freight yard enabling fleet managers
to determine the vehicle\'s route, time on the route and safety
information.(27)

\- Highway-Rail Intersection - DSRC equipment used to trigger warning
systems at railroad intersections when a train is approaching.

o Future DSRC-based services:

\- Intersection Collision Warning Systems - Roadside speed and location
sensing equipment, DSRC equipment, in-vehicle signing and trajectory
computing and control electronics will be used to help drivers avoid
intersection collisions.

\- Automated Highway System - System that will transfer full control of
equipped vehicles to automated system operating on designated AHS lanes.

**APPENDIX C**

**Final Regulatory Flexibility Analysis**

As required by the Regulatory Flexibility Act (\"RFA\"),[^59] an Initial
Regulatory Flexibility Analysis (\"IRFA\") was incorporated into the
*Notice of Proposed Rule Making* (\"*NPRM*\") in this docket, ET Docket
No. 98-95.[^60] The Commission sought written comment on the proposals
in the NPRM, including the IRFA. The Final Regulatory Flexibility
Analysis (\"FRFA\") in this Report and Order conforms to the RFA.[^61]

*A. Need for and Objective of this Report and Order (R&O).* This R&O
allocates the 5.850‑5.925 GHz band to the Private Land Mobile Service
(\"PLMS\") for use by Dedicated Short Range Communications Services
(\"DSRCS\") in the provision of Intelligent Transportation Services
(\"ITS\"). DSRCS communications are used for non-voice wireless transfer
of data over short distances between roadside and mobile radio units,
between mobile units, and between portable and mobile units to perform
operations related to the improvement of traffic flow, traffic safety
and other intelligent transportation service applications in a variety
of public and commercial environments. The objective of this action is
to provide sufficient spectrum to permit the development of DSRCS
technologies to improve the Nation\'s transportation infrastructure and
bolster the involvement of United States companies in this emerging
industry. While this R&O does adopt an allocation and some basic
technical parameters, the issues of licensing, channelization, and other
complex technical matters are being deferred to a later proceeding.
Therefore, because this present action will not result in the provision
of these operations, the IRFA certified that the *NPRM* would not have a
significant economic impact on a substantial number of small entities.
Nevertheless, a full voluntary IRFA was performed. No comments directly
addressed the IRFA.

*B. Summary of Significant Issues raised by the Comments in Response to
the IRFA.* No comments were filed in response to the IRFA.

*C. Description and Estimate of the Number of Small Entities to Which
the Rules Will Apply.* Under the RFA, small entities may include small
organizations, small businesses, and small governmental
jurisdictions.[^62] The RFA, 5 U.S.C. § 601(3), generally defines the
term \"small business\" as having the same meaning as the term \"small
business concern\" under the Small Business Act, 15 U.S.C. § 632. 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\"). This standard also applies in determining
whether an entity is a small business for purposes of the RFA.

The 5.85-5.925 GHz band is currently available to the U.S. Federal
Government for Radiolocation purposes, Fixed Satellite Service licensees
for international intercontinental links, amateur radio operators and by
various entities using Part 18 Industrial, Scientific and Medical
(\"ISM\") equipment and Part 15 unlicensed device equipment. We note
that there are only 45 Fixed Satellite Service (\"FSS\") licenses issued
for operation in 5.85-5.925 GHz band and most if not all are held by
large corporations. Further, amateur radio operators and the Federal
Government do not qualify as small entities. We also note that Part 18
ISM devices are protected in this band, which only generate
electromagnetic energy, are not used for communication purposes and
therefore cannot receive interference or be impacted by this action.
Finally, while Part 15 unlicensed devices are permitted to operate in
the 5.85-5.875 GHz portion, they do so on an unlicensed, unprotected
basis. Further, the Commission has no means to determine the number of
small entities that might use unlicensed Part 15 equipment that operates
in the band at issue. SBA guidelines to the Small Business Regulatory
Enforcement Fairness Act (\"SBREFA\") state that about 99.7% of all
firms are small and have fewer than 500 employees and less than \$25
million in sales and assets.[^63] There are approximately 6.3 million
establishments in the SBA database.[^64] The R&O discusses means by
which the potential DSRCS would be able to share the spectrum with
incumbent operations and concludes that harmful interference can be
avoided through coordination. Accordingly, we do not believe this action
would have a negative impact on small entities that operate in the
5.85-5.925 GHz band.

Regarding the Fixed Satellite Service licensees for international
intercontinental links, the Commission has not developed a definition of
small entities applicable to licensees in the international services.
Therefore, the applicable definition of small entity is generally the
definition under the SBA rules applicable to Communications Services,
Not Elsewhere Classified (NEC).[^65] This definition provides that a
small entity is expressed as one with \$11.0 million or less in annual
receipts.[^66] According to the Census Bureau, there were a total of 848
communications services providers, NEC, in operation in 1992, and a
total of 775 had annual receipts of less than \$9,999 million.[^67] The
Census report does not provide more precise data.

Regarding the future use of the 5.85-5.925 GHz band by DSRCS equipment,
we believe it is too early to make an determination on such operations.
A future rule making proceeding will propose further technical
standards, licensing and service rules and a separate regulatory
flexibility analysis will address all issues relevant to that
proceeding.

*D. Description of Projected Reporting, Record Keeping and Other
Compliance Requirements.* In this proceeding, we are allocating this
spectrum for a new service. The licensing and technical regulations
governing these operations will be addressed in a separate proceeding.
Therefore, this action does not create any reporting or compliance
requirements.

*E. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered.* The IRFA in this
proceeding requested comment on ways to minimize economic impact on
small entities, but no comments were filed. Nevertheless, the attached
R&O discusses whether operational standards should be adopted to
facilitate nation-wide interoperability of DSRCS, but deferred this
issue to a later proceeding that will develop service rules for these
operations. The development of DSRCS operational standards could delay
the initial deployment of such equipment, but could ultimately result in
equal footing for all manufacturers, including small entities, in
producing equipment that meets uniform standards.

*F. Report to Congress*. This Commission will send a copy of the R&O,
including this FRFA, in a report to be sent to Congress pursuant to the
Small Business Regulatory Enforcement Fairness Act of 1996, see U.S.C. §
801(a)(1)(A). In addition, the Commission will send a copy of the R&O,
including FRFA, to the Chief Counsel for Advocacy of the Small Business
Administration. A copy of the R&O and FRFA (or summaries thereof) will
also be published in the Federal Register. See 5 U.S.C. § 604(b).

[^1]: *See* *Amendment of Parts 2 and 90 of the Commission\'s Rules to
    Allocate the 5.850-5.925 GHz Band to the Mobile Service for
    Dedicated Short Range Communications of Intelligent Transportation
    Services, Notice of Proposed Rule Making*, ET Docket No. 98-95, 13
    FCC Rcd 14321 (1998).

[^2]: Appendix B provides examples of DSRC applications that were
    described in ITS America\'s Petition for Rule Making, Appendix C at
    4.

[^3]: The Intermodal Surface Transportation Efficiency Act of 1991
    (\"ISTEA\") established a national program within the U.S.
    Department of Transportation (\"DOT\") to develop \"Intelligent
    Transportation Systems\" or \"ITS\" within the United States.
    Section 6059 of ISTEA defines ITS as: The development or application
    of electronics, communications, or information processing (including
    advanced traffic management systems, commercial vehicle operations,
    advanced traveler information systems, commercial and advanced
    vehicle control systems, advanced public transportation systems,
    satellite vehicle tracking systems, and advanced vehicle
    communications systems) used singly or in combination to improve the
    efficiency and safety of surface transportation systems. *See* Pub.
    L. No. 102-240, 105 Stat. 1914 (1991).

[^4]: *See NPRM* at ¶7,14. An example of an emerging DSRC application is
    Automated Roadside Safety Inspection, which would enable the
    transmission of vehicle safety and other data between roadside
    inspection stations and large commercial trucks moving at highway
    speeds. The trucks would thus not need to stop unless signalled to
    do so by authorities at the inspection station. Another application,
    Incident Management operations, would use roadway sensors and
    DSRC-equipped vehicles to more quickly detect traffic congestion
    (accidents, traffic from sporting events, *etc*.) and dispatch any
    necessary emergency personnel or take other needed action.

[^5]: *See Transportation Equity Act for the 21st Century*, Pub.
    L.105-178, signed June 9, 1998.

[^6]: The DOT, in cooperation with public and private partners
    throughout the United States, has sought to foster the development
    of ITS through the creation of a \"National ITS Program Plan\" and
    \"National ITS Architecture.\" The National ITS Program Plan and
    Architecture identify 30 \"user services\" or applications that
    comprise the collaborative public/private vision of ITS, as well as
    the technological framework for implementing these services. *See
    NPRM* at ¶2.

[^7]: The International Telecommunications Union (\"ITU\") Radio
    Regulations divide the world into three regions for the purposes of
    its rules and North America is within Region 2. For a precise
    description of these regions, *see* 47 C.F.R. §2.104(b).

[^8]: International Footnote S5.150 incorporates the older provisions of
    Footnote 806 designating the 5.725-5.875 GHz band for ISM
    applications and states that radiocommunication services operating
    within this band must accept harmful interference which may be
    caused by these applications.

[^9]: *See* 47 C.F.R. § 2.106, Table of Frequency Allocations.

[^10]: *See NPRM* at ¶ 13.

[^11]: We are primarily concerned with DSRC applications such as
    Automated Roadside Safety Inspection and Automated Highway Systems
    where the roadside infrastructure would need to communicate with
    vehicles up to a mile away and may have to go around or through
    obstacles such as trees and buildings along a highway.

[^12]: *See Spectrum Requirements for Dedicated Short Range
    Communications (DSRC) Public Safety and Commercial Applications*,
    prepared by ARINC at Appendix D (1996). *See also European
    Pre-standard, Road Traffic and Transport Telematics (RTTT)*,
    Attachment 3 to Appendix L of the ITS America Petition at 23.

[^13]: *See ARRL* Comments at 5.

[^14]: *See Millimeter Wave Propagation: Spectrum Management
    Implications*, Federal Communications Commission, Office of
    Engineering and Technology, Bulletin Number 70 (1997).

[^15]: *See* ARRL Comments at 5 and Resound Comments at 10.

[^16]: Automated Highway Systems (\"AHS\") would transfer full control
    of equipped vehicles to an automated system operating on designated
    AHS lanes.

[^17]: *See* ARRL Comments at 7.

[^18]: *See* ITS America Comments Appendix B at 6.

[^19]: *See i.e.,* ITS America Petition at 9-30 and Attachment 3 to
    Appendix L.

[^20]: *See* ITS America Comments Appendix C at 3.

[^21]: *See e.g*., *Ex parte* filing of ITS America on May 17, 1999; and
    *Spectrum Requirements for Dedicated Short Range Communications
    (DSRC) Public Safety and Commercial Applications*, prepared by ARINC
    (1996).

[^22]: *See NPRM* at ¶2 and ISTEA, *supra* n. 3.

[^23]: As a ministerial matter, we are amending the Table of Frequency
    Allocations, Section 2.106 of our rules, to indicate that ISM
    equipment is permitted in the 5800 MHz band +/- 75 MHz. This
    provision exists in Section 18.301 of our rules and should also be
    reflected in the Table of Frequency Allocations. *See* 47 C.F.R.
    §18.301.

[^24]: *See NPRM* at ¶¶19-23.

[^25]: *See* October 13, 1998 Letter from William T. Hatch, Deputy
    Associate Administrator for Spectrum Management of NTIA, to Mr. Fred
    Thomas, FCC Liaison Representative to IRAC. The 65 radar locations
    are displayed in Appendix A.

[^26]: *See Electromagnetic Compatibility Testing of a Dedicated
    Short-range Communication System*, performed by the National
    Telecommunications and Information Administration (\"NTIA\"), NTIA
    Report 98-352. *See* DOT Comments at Attachment 2.

[^27]: *See* Panamsat Comments at 1.

[^28]: For example, ISM devices have no power limit and NTIA indicates
    that high power government radar systems in the 5 GHz range
    typically have peak effective isotropic radiated power in the range
    of 113-133 dBm (199.5 megawatts-19.95 gigawatts). *See* DOT Comments
    at Attachment 1, section 3.4.

[^29]: *See NPRM* at ¶20.

[^30]: *See NPRM* at ¶22.

[^31]: ARRL claims it makes extensive use of this band on the west coast
    for a microwave network used in emergency communications. *See* ARRL
    Comments at 9.

[^32]: *See* ARRL Comments at 8.

[^33]: We note that Motorola had worked with Resound to develop its
    hearing assistance technology for the 5.85-5.875 GHz band and filed
    comments similar to Resound\'s opposing a DSRC allocation in this
    spectrum range. However, on October 5, 1999, Motorola filed a letter
    in this docket withdrawing its filings from ET Docket No. 98-95.

[^34]: *See* 47 C.F.R. §15.249.

[^35]: *See NPRM* at ¶42.

[^36]: *See* Mark IV Industries, Limited, I.V.H.S. Division at 5, DOT
    Comments at Attachment 3, and ITS America Comments at 10.

[^37]: *See* ITS Comments at 8.

[^38]: *See Intelligent Transportation Systems: Critical Standards,*
    U.S. Department of Transportation, June 1999.

[^39]: *See NPRM* at ¶38-41.

[^40]: *See* DOT Comments Attachment 3 at 3, Mark IV Comments at 5, and
    ITS America Comments at 14.

[^41]: *See NPRM* at ¶31.

[^42]: *See* Mark IV Comments at 5, citing *In the Matter of Amendment
    of Parts 2 and 15 of the Commission\'s Rules regarding Spread
    Spectrum Transmitters, Report and Order*, ET Docket No. 96-8, 12 FCC
    Rcd 7488, 7497 (1997).

[^43]: *See* DOT Comments at Attachment 3 and ITS America Comments at
    15.

[^44]: *See* NPRM at ¶ 32.

[^45]: *See* DOT Comments Attachment 3 at 2.

[^46]: We note that the unwanted emission limits adopted here are the
    existing emission mask requirements for LMS operations in the
    902-928 MHz band and are comparable with the maximum spurious
    emission limits in the ITU Radio Regulations. *See* 47 C.F.R. §
    90.210(k) and *Table of Maximum Permitted Spurious Emission Power
    Levels, Final Acts of WRC-97*, Appendix S3 (Geneva 1997).

[^47]: *See* 47 C.F.R. § 2.1055. (Frequency stability to be measured
    with ambient temperature variation of ‑30 to +50 Centigrade and with
    variation of primary supply voltage of 85‑115% of nominal value.)
    This rule was renumbered in *Amendment of Parts 2,15,18 and Other
    Parts of the Commission\'s Rules to Simplify and Streamline the
    Equipment Authorization Process for Radio Frequency Equipment,
    Report and Order*, ET Docket No. 97-94, 13 FCC Rcd 11415 (1998).

[^48]: *See* 47 C.F.R. § 90.213.

[^49]: *See* NPRM at ¶ 35.

[^50]: *See Report and Order*, ET Docket No. 93-62, 11 FCC Rcd 15123
    (1997), *Second Memorandum Opinion and Order and Notice of Proposed
    Rule making* at para. 31, ET Docket No. 93-62, 12 FCC Rcd 13494
    (1997). *See also,* 47 C.F.R. § 1.1307(b).

[^51]: *See* 47 C.F.R. §§ 15.245(b), 15.247 and 15.249.

[^52]: *See NPRM* at ¶42.

[^53]: Amtech explains that backscatter tags contain circuitry that
    modulates a signal striking the tag so that the reflected
    (backscatter) signal can be received by a reader and then decoded.
    Backscatter tags do not contain a transmitter and may operate
    without a battery, relying on the incident signal as a source of
    electric power. By contrast, active DSRC tags (transceivers) contain
    transmitters and receivers for communicating with beacons and must
    be connected to batteries or some other source of electric power.
    *See* Amtech Reply at 7.

[^54]: A frequency hopping system is a spread spectrum system in which
    the carrier is modulated with the coded information in a
    conventional manner causing a conventional spreading of the RF
    energy about the frequency carrier. The frequency of the carrier is
    not fixed but changes at fixed intervals under the direction of a
    coded sequence. The wide RF bandwidth needed by such a system is not
    needed to spread the RF energy about the carrier but rather to
    accommodate the range of frequencies to which the carrier frequency
    can hop. The test of a frequency hopping system is that the near
    term distribution of hops appears random, the long term distribution
    appears evenly distributed over the hop set, and sequential hops are
    randomly distributed in both direction and magnitude of change in
    the hop set. *See* 47 C.F.R. §2.1.

[^55]: *See* 47 C.F.R. §2.1.

[^56]: *See* 47 C.F.R. §15.5.

[^57]: *See* NPRM at ¶¶ 43-45.

[^58]: *See* DOT Comments at 7 and Mark IV Comments at 6.

[^59]: *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, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of
    the CWAAA is the Small Business Regulatory Enforcement Fairness Act
    of 1996 (SBREFA).

[^60]: *See* *In the Matter of Amendment of Parts 2 and 90 of the
    Commission\'s Rules to Allocate the 5.850-5.925 GHz Band to the
    Mobile Service for Dedicated Short Range Communications of
    Intelligent Transportation Services, Notice of Proposed Rule
    Making*, ET Docket No. 98-95, 13 FCC Rcd 14321, (1998).

[^61]: *See* 5 U.S.C. § 604.

[^62]: *See* 5 U.S.C. § 601(6).

[^63]: *See A Guide to the Regulatory Flexability Act*, U.S. Small
    Business Administration, Washington, DC, May, 1996, at page 14.

[^64]: *Id*. at 15.

[^65]: An exception is the Direct Broadcast Satellite (DBS) Service,
    [infra]{.underline}.

[^66]: 13 C.F.R. § 120.121, SIC code 4899.

[^67]: [1992 Economic Census Industry and Enterprise Receipts Size
    Report]{.underline}, Table 2D, SIC code 4899 (U.S. Bureau of the
    Census data under contract to the Office of Advocacy of the U.S.
    Small Business Administration).