**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the matter of                 | *  |                              |
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| Curtis-Wright Controls Inc.      | ** |                              |
| Embedded Computing Petition for  |    |                              |
| Waiver of the Part 15            | *  |                              |
| Ultra-Wideband (UWB) Regulations | *) |                              |
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+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: January 25, 2007 Released: January 26, 2007**

By the Chief, Office of Engineering and Technology:

# Introduction

1.  By this action, we are granting the Petition for Waiver filed by
    Curtiss-Wright Controls Inc. Embedded Computing ("CWCEC") to permit
    the certification and subsequent marketing and operation of a
    limited number of units of its Quick Reaction Perimeter Intrusion
    Detection ("QUPID") fixed surveillance ultra-wideband ("UWB")
    imaging system.[^1] CWCEC requests a waiver of the average and peak
    emission limits in rule Sections 15.511(c) and (e) for its QUPID
    transmitter.[^2] We find that a grant of this waiver would allow for
    the operation of devices that support homeland security by providing
    protection from terrorist acts and other undesired intrusions to
    high risk, secured facilities. While we are permitting CWCEC's QUPID
    transmitter to operate at higher emission levels than allowed by our
    rules, we are conditioning this waiver on several operational and
    technical requirements to ensure that harmful interference is not
    caused to authorized radio services. In particular, we are requiring
    specific emission limits that, in some cases, are lower than those
    originally requested by CWCEC. In addition, we are limiting the
    locations where the QUPID system may be employed; we are limiting
    the number of facilities per year in which the QUPID equipment may
    be installed; we are requiring that each QUPID installation have a
    minimum separation from other radio operations; and we are requiring
    that the coordination of each QUPID system installation with Federal
    Government operations be completed and acknowledged by the
    Commission before operation may commence.

# BACKGROUND

2.  The QUPID UWB surveillance system was designed to augment security
    and defense systems, providing an advanced warning of potential
    intruders to sites that have strategic, military or significant
    commercial interests, such as public utilities, nuclear power
    plants, public water supplies, petroleum sites, industrial sites,
    and national landmarks.[^3] This radar system can be used to detect
    fast moving objects, *e.g.*, vehicles, as well as slow moving, small
    cross section objects, *e.g.*, persons crawling. The QUPID system
    currently is being employed by the Air National Guard and by the
    U.S. Air Force. It operates at a nominal center frequency of 2300
    MHz using directional antennas to limit emissions beyond a 90°
    azimuth and a 15° elevation.[^4] QUPID employs a low pulse
    repetition frequency ("PRF"), nominally 2441 Hz, that is dithered.
    Individual transmitters are placed at 40 to 80 meters separations
    with the transmitters directed outward along a perimeter line,
    enabling the system to detect intrusions towards or into a protected
    area. The nominal operating range is on the order of 100 meters from
    the perimeter line.[^5] In order for this system to be effective,
    the protected coverage area must be a prepared area, devoid of
    trees, brush or any object that can move.[^6] Since any movement in
    the protection zone will trigger an alarm, this protected coverage
    area must be entirely within the boundary of the secured facility
    and under the user's direct control or its purpose would be defeated
    by the recurrence of false alarms from moving objects over which it
    has no control. CWCEC adds that every installation will have an
    unprotected "buffer zone" that lies between the protection zone and
    the physical boundary of the user's property in order to provide a
    sufficient margin of reliability.

3.  The unlicensed operation of a UWB surveillance transmitter is
    subject to the requirements contained in Subpart F of the Part 15
    regulations.[^7] The fundamental emission must be contained between
    1990 MHz and 10,600 MHz at a root-mean-square ("RMS") average
    equivalent isotropically radiated power ("EIRP") that does not
    exceed -41.3 dBm/MHz and at a peak EIRP that does not exceed 0
    dBm/50 MHz.[^8] Coordination with the Commission is required for
    each installation.[^9] As with all Part 15 devices, operation of
    unlicensed UWB surveillance is on a sufferance basis whereby the
    operator must accept any received interference and must not cause
    harmful interference to the authorized radio services.[^10] CWCEC
    requests a waiver of 47 C.F.R. § 15.511 to permit its QUPID
    transmitter to operate at at a peak EIRP of 40 dBm/50 MHz and at the
    following RMS average EIRP emission levels:

+-----------------+------------------+------------------+--------------+
| Frequency Band  | UWB RMS Limit    | Requested        | Increase     |
|                 | (dBm/MHz)[^11]   | Emission Limit   | above UWB    |
| in MHz          |                  | (dBm/MHz)[^12]   | Limits (dB)  |
+-----------------+------------------+------------------+--------------+
| 960-1160        | -53.3            | -45              | 8.3          |
+-----------------+------------------+------------------+--------------+
| 1160-1500       | -53.3            | -47              | 6.3          |
+-----------------+------------------+------------------+--------------+
| 1500-1610       | -53.3            | -52              | 1.3          |
+-----------------+------------------+------------------+--------------+
| 1610-1900       | -51.3            | -47              | 4.3          |
+-----------------+------------------+------------------+--------------+
| 1900-1990       | -51.3            | -35              | 16.3         |
+-----------------+------------------+------------------+--------------+
| 1990-2115       | -41.3            | -24              | 17.3         |
+-----------------+------------------+------------------+--------------+
| 2115-2600       | -41.3            | -20              | 21.3         |
+-----------------+------------------+------------------+--------------+
| 2600-2700       | -41.3            | -30              | 11.3         |
+-----------------+------------------+------------------+--------------+
| 2700-3650       | -41.3            | -26.3            | 15           |
+-----------------+------------------+------------------+--------------+
| 3650-3800       | -41.3            | -41.3            | 0            |
+-----------------+------------------+------------------+--------------+
| 3800-4000       | -41.3            | -39.3            | 2            |
+-----------------+------------------+------------------+--------------+
| 4000-10500      | -41.3            | -41.3            | 0            |
+-----------------+------------------+------------------+--------------+
| Above 10500     | -51.3            | -51.3            | 0            |
+-----------------+------------------+------------------+--------------+

4.  The CWCEC petition was placed on notice for public comment.[^13]
    Comments and replies were received from ARINC Incorporated, *et al*
    (the "Coalition"), AT&T Wireless Services, Inc. ("AT&T"), the
    Cellular Telecommunications & Internet Association ("CTIA"), IEEE
    802.18 Radio Technical Advisory Group ("RR-TAG"), NTIA, the
    Satellite Industry Association ("SIA"), Verizon Telephone Companies
    ("Verizon"), and CWCEC. The late-filed comments submitted by the
    U.S. GPS Industry Council (the "Council") and all *ex parte*
    contacts also were considered.

# COMMENTS

5.  The Coalition, AT&T, CTIA, RR-Tag, SIA, the Council and Verizon all
    object to grant of the waiver. Their comments express concern about
    potential interference to Global Positioning System ("GPS")
    receivers, the Personal Communications Service ("PCS"), Satellite
    Digital Audio Radio Services ("SDARS"), unlicensed Part 15
    operations, C-band fixed satellite service ("FSS"), fixed broadband
    services in the 2.3 GHz band, aviation services, future advanced
    wireless services below 3 GHz, and other radio services.

6.  The Coalition and RR-TAG state that CWCEC's waiver fails to satisfy
    the Commission's waiver standards because CWCEC has not shown that
    its QUPID system presents any unusual or special factual
    circumstances. The Coalition adds that CWCEC has not shown why it
    cannot meet the power and emission limits and that CWCEC proposes no
    limit on deployment of the QUPID system. The Council supports the
    Coalition's position and states that the restriction on the types of
    locations where the QUPID system may be installed, as listed by
    CWCEC in its amendment to its petition, does not reduce the
    potential for interference or justify that these transmitters should
    be permitted to operate under Part 15, believing that there are
    other regulatory vehicles that could be used to protect the nation's
    critical infrastructure. The Coalition and RR-TAG, among others,
    believing that the adequacy of the adopted UWB standards to prevent
    harmful interference is contentious, state that CWCEC's waiver is
    "grossly excessive," requesting emission levels far in excess of the
    UWB limits. The Coalition and RR-TAG argue that the peak power
    produced by QUPID would be 1 to 4 kW. The Coalition adds that this
    higher peak limit would result in over 0.4 W of energy being
    radiated into the GPS bands while RR-TAG states that 100-400 W of
    energy would be radiated into adjacent bands. The Coalition and
    RR-TAG believe that these levels will impact GPS, PCS, SDARS and
    other services. CTIA also argues that CWCEC fails to satisfy the
    Commission's standards for a waiver by failing to demonstrate that
    QUPID will not cause harmful interference to existing licensed
    services, including the PCS, Multichannel Multipoint Distribution
    Service ("MMDS") and Wireless Communication Service ("WCS"), as well
    as to future advanced wireless services due to increased out-of-band
    emissions. CTIA argues that CWCEC must conclusively demonstrate,
    through actual tests, that QUPID operation will not threaten
    existing and operational commercial systems in and around CWCEC's
    proposed operating area. SIA believes that the CWCEC waiver will not
    serve the public interest, arguing that it will increase the
    interference potential to C-band FSS operations by a factor of
    10,000 times. SIA states that the Commission has already concluded
    that low PRF devices have a higher potential for causing
    interference.[^14] SIA also states that CWCEC's interference testing
    is unreliable since it used only a single device instead of a sensor
    array as is used to provide perimeter security. AT&T argues that the
    waiver would undermine the purpose of the UWB rules, *i.e.*, to
    prevent harmful interference to licensed carriers such as fixed
    services in the 2.3 GHz band. AT&T adds that CWCEC has not addressed
    the effect of QUPID operation on the unlicensed operations in the
    2.4 GHz band and, because there would be a higher potential for
    interference, has failed to show that a waiver would be in the
    public interest. Verizon believes that emissions from the QUPID
    transmitter will cause interference to licensed services beyond the
    100 meters coverage area. Verizon states that QUPID will cause
    interference to its fixed broadband service in the 2.3 GHz band,
    even at a separation of 100 meters. Verizon also argues that nothing
    in CWCEC's request would prevent entities from purchasing and using
    QUPID in areas where licensed services are operating within QUPID's
    100 meters coverage area. In its *ex parte* filings,[^15] the
    Council argues that operation of the QUPID system will result in a 1
    dB increase in the noise floor for systems operating in the 960-1610
    MHz band, *e.g.*, GPS receivers, at a distance of up to 90
    meters.[^16] In order to ensure protection at such separation
    distances, the Council requests licensing and coordination of the
    CWCEC QUPID systems. The Council also requests that the Commission
    place the following conditions on any waiver provided to CWCEC:
    1) limit emissions in the 1160-1500 MHz band to -47 dBm/MHz and
    emissions in the 1500‑1610 MHz band to -52 dBm/MHz; 2) limit the PRF
    to 2.44 kHz; 3) require QUPID systems to be offset from the
    perimeter of the property on which they are installed by no less
    than 108 meters; and 4) limit the QUPID transmitter to the use of
    pulse position modulation.

7.  CWCEC, in its reply comments, argues that it has credibly
    established that no other FCC-approved wireless perimeter protection
    and surveillance system has the capability to detect both fast
    moving vehicles and low crawling intruders which it indicates is an
    important national security function. Thus, CWCEC concludes that a
    waiver is in the public interest. CWCEC also notes that the emission
    levels produced by the QUPID transmitter will never exceed the UWB
    emission limits at the user's property boundary, negating any
    obligation to conduct numerous and costly interference studies.
    Further, CWCEC states that its waiver is narrowly tailored to
    homeland security applications and that the market for its systems,
    that of ultra high security installations, is by nature relatively
    small. Because of these features, CWCEC argues that granting its
    waiver will not encourage a number of similar requests. In its
    amendment to its Petition for Waiver, CWCEC states that it seeks to
    install the QUPID equipment for protecting the nation's critical
    infrastructure in areas of transportation, energy, vital human
    services, information and communications, weapons manufacturing and
    storage facilities, and prisons and detention facilities provided
    those locations have available combined protection and buffer zones
    of at least 108 meters. With regard to the Council's *ex parte*
    comments, CWCEC notes that the emission levels that will be produced
    at the property boundary would be lower than the emissions levels
    required from any other nearby Part 15 device and that, at the PRF
    employed, the QUPID system is virtually incapable of causing
    interference to GPS systems. CWCEC does, however, amend the emission
    mask for its requested waiver.[^17] CWCEC states that: 1) its
    proposed emission mask already meets the emission limits requested
    by the Council in the 1160-1610 MHz band; 2) while the approximate
    PRF of the QUPID system is 2.44 kHz this should not be made a
    condition of the waiver since, as stated by the Commission in the
    UWB *First Report and Order*,[^18] operation at any PRF below 100
    kHz poses no interference threat to GPS; 3) that the required level
    of set-back from the property boundary should be no greater than 34
    meters in light of CWCEC's reduction in the fundamental emission
    level; and 4) that it is not clear what the purpose would be for the
    Council's condition to limit the QUPID transmitter to pulse position
    modulation.

# DISCUSSION

8.  It is a well established principle that the Commission will waive
    its rules if it determines, after careful consideration, that such a
    grant would serve the public interest without undermining the policy
    which the rule in question is intended to serve.[^19] We find that a
    waiver of the emission limits in 47 C.F.R. §§ 15.511 and 15.521(g)
    is consistent with that principle.[^20]

9.  The CWCEC QUPID UWB surveillance system will enhance the protection
    of installations that are vital to the public well-being,
    facilitating homeland security efforts. In view of these benefits,
    we find that the ability to use this equipment is in the public
    interest. We concur with CWCEC that its QUPID UWB surveillance
    system provides unique intrusion detection capabilities that may not
    otherwise be available under other Commission regulations.[^21] We
    also concur with CWCEC that emission levels higher than those
    permitted under the unlicensed UWB regulations are necessary in
    order for this surveillance and security system to have sufficient
    range when detecting targets with small radar cross sections.[^22]
    Finally, we find that the implementation of certain operational
    restrictions should ensure that harmful interference does not occur.
    We conclude that CWCEC's request for waiver does not undermine the
    policy of Sections 15.511 and 15.521 and that a waiver of the
    regulations is in the public interest. Accordingly, we are granting
    CWCEC a waiver of the emission limits in Sections 15.511 and
    15.521(g), subject to certain conditions enumerated below.

10. *Emission limits*. The objections filed in response to CWCEC's
    Petition for Waiver are based on the contention that UWB operations,
    including the QUPID transmitter, will cause harmful interference to
    the licensed services. However, these objections are not supported
    by factual evidence. Instead, these concerns expressed in the
    opposing comments are based, incorrectly, on an underlying assertion
    that the existing emission limits for UWB devices are not
    sufficient, despite several previous Commission decisions and, in
    the case of GPS, NTIA analyses concluding otherwise.[^23] AT&T also
    raises the possibility of interference to 2.4 GHz unlicensed
    operations. However, unlicensed systems are required to operate on a
    sufferance basis where the operator must accept any interference
    that is received, regardless of the source of that
    interference.[^24] Two of the comments erroneously argue that the
    small, generally battery-operated UWB surveillance devices will emit
    thousands of watts of energy and, thus, will produce significant
    signal levels into adjacent frequency bands.[^25] We also note that
    the opposing comments generally are based on the higher emission
    levels originally proposed by CWCEC. These original emission levels
    were reduced significantly based on further testing by CWCEC of the
    QUPID system and through coordination by CWCEC with NTIA.

11. The Commission staff, in coordination with NTIA, measured the
    emission levels produced by a QUPID transmitter. These measurements
    were performed over specific frequency bands to determine the levels
    associated with both the fundamental (-10 dB) bandwidth and the
    unwanted emissions. The following results were obtained:

+-------+--------------+-------------------+--------+---------+------+
| Freq  | Primary      | Representative    | UWB    | Maximum | Incr |
| uency | Radio        | Radio System      | RMS    | M       | ease |
| Band  | Service      |                   | Limit  | easured | a    |
| (MHz) | All          |                   | (d     | RMS     | bove |
|       | ocation[^26] |                   | Bm/MHz | Level   | UWB  |
|       |              |                   | EIRP)  | (       | Li   |
|       |              |                   |        | dBm/MHz | mits |
|       |              |                   |        | EIR     | (dB) |
|       |              |                   |        | P)[^27] |      |
+-------+--------------+-------------------+--------+---------+------+
| 1164  | ARNS/RNSS    | GPS L5            | -53.   | -47.3   | 6    |
| -1189 |              |                   | 3[^28] |         |      |
|       | RNSS/RL      | GPS L2/L-band     |        | -48.8   | 4.5  |
| 1215  |              | radar             | -53.3  |         |      |
| -1240 | ARNS/RNSS    |                   |        | -52.9   | 0.6  |
|       |              | GPS L1            | -53.5  |         |      |
| 1563  | Fixed/Mobile |                   |        | -44.3   | 7    |
| -1588 |              | 3G Band 1         | -51.3  |         |      |
|       | Fixed/Mobile |                   |        | -49.0   | 2.3  |
| 1710  |              | PCS Handsets      | -51.3  |         |      |
| -1755 | Fixed/Mobile |                   |        | -43.5   | 7.8  |
|       |              | PCS Base Stations | -51.3  |         |      |
| 1850  | Fixed/Mobile |                   |        | -28.5   | 12.8 |
| -1910 |              | 3G Band 2         | -41.3  |         |      |
|       | Broadcast    |                   |        | -22.1   | 19.2 |
| 1930  | Satellite    | SDARS             | -41.3  |         |      |
| -1990 |              |                   |        | -30.1   | 11.2 |
|       | ARNS/Met     | S-band Radar      | -41.3  |         |      |
| 2110  | Aids/RL      | (ASR/WWR)         |        | -26.6   | 14.7 |
| -2155 |              |                   | -41.3  |         |      |
|       | MRNS/RL      | Maritime Radar    |        | -40.8   | 0.5  |
| 2320  |              |                   | -41.3  |         |      |
| -2345 | Fixed/Fixed  | C-Band Earth      |        |         |      |
|       | Satellite    | Station           |        |         |      |
| 2700  |              |                   |        |         |      |
| -2900 |              |                   |        |         |      |
|       |              |                   |        |         |      |
| 2900  |              |                   |        |         |      |
| -3100 |              |                   |        |         |      |
|       |              |                   |        |         |      |
| 3650  |              |                   |        |         |      |
| -4200 |              |                   |        |         |      |
+-------+--------------+-------------------+--------+---------+------+

The emissions consist of a time-dithered train of pulses with a nominal
pulse period ("T") of 410 microseconds resulting in a PRF of 2440 Hz.
The width of an individual pulse is approximately 5 nanoseconds, and the
nominal peak-to-average ratio is 30 dB. The highest RMS EIRP emission
level, ‑20.3 dBm/MHz, was obtained at 2325 MHz.[^29] The highest peak
emission level, 7.6 dBm/MHz, also was measured at 2325 MHz, an increase
of 41.6 dB over the current UWB limit.[^30] The -10 dB measured
operating bandwidth is 2133‑3093 MHz with a center frequency of 2613 MHz
and a -10 dB bandwidth of 960 megahertz. Contrary to the claims of the
commenters, no 1-4 kW fundamental emissions, no 0.4 W emissions in the
GPS bands, and no 100-400 W spurious emissions were detected.

12. Based on the measurements by our laboratory and on the latest
    emission mask submitted by CWCEC, we conclude that it is not
    necessary to provide an emission level for the QUPID transmitter of
    -10 dBm/MHz across the entire 1990-10600 MHz band, as sought by
    CWCEC in its original petition and reply comments. Rather, it
    appears that the ‑10 dB fundamental emission may be confined to the
    1990-3650 MHz band and that the limits on emissions across the
    960-10600 MHz frequency range may be decreased to provide additional
    interference protection to the authorized radio services, as noted
    by CWCEC in its further supplemental filing. As with existing UWB
    surveillance system transmitters, we are requiring that radiated
    emissions at or below 960 MHz shall not exceed the emission levels
    in 47 C.F.R. § 15.209. For all other frequencies, we will require
    that the RMS average EIRP, as determined using a 1 MHz resolution
    bandwidth, not exceed the following:

+--------------------------------------+-------------------------------+
| Frequency in MHz                     | EIRP in dBm                   |
+--------------------------------------+-------------------------------+
| 960-1160                             | -45                           |
|                                      |                               |
| 1160-1500                            | -47                           |
|                                      |                               |
| 1500-1610                            | -52                           |
|                                      |                               |
| 1610-1710                            | -47                           |
|                                      |                               |
| 1710-1755                            | -44                           |
|                                      |                               |
| 1755-1900                            | -47                           |
|                                      |                               |
| 1900-1990                            | -35                           |
|                                      |                               |
| 1990-2115                            | -24                           |
|                                      |                               |
| 2115-2600                            | -20                           |
|                                      |                               |
| 2600-2700                            | -30                           |
|                                      |                               |
| 2700-3650                            | -26.3                         |
|                                      |                               |
| 3650-4000                            | -40                           |
|                                      |                               |
| 4000-10600                           | -41.3                         |
|                                      |                               |
| Above 10600                          | -51.3                         |
+--------------------------------------+-------------------------------+

We recognize that the emission limits we are adopting are slightly
higher in the 1710-1755 MHz and 3650-3800 MHz bands than those requested
by CWCEC in its further supplement to its waiver request.[^31] The
levels stipulated in these bands correspond to our measured data to
ensure CWCEC's ability to comply with the waiver limits.[^32] We note
that these values remain lower than the levels requested by CWCEC in its
original Petition for Waiver and in the amendment to the petition
contained in CWCEC's reply comments, on which comments were
obtained.[^33] As discussed below, these emission limits, in combination
with the operating constraints we are placing on the QUPID transmitters,
will ensure that harmful interference to the authorized radio services
will not occur.

13. In addition to the above emission mask, the narrowband emissions
    within the GPS bands must continue to comply with the existing
    limits in 47 C.F.R. § 15.511(d). Further, we will require that the
    peak EIRP appearing within the 50 MHz band centered on the frequency
    at which the highest emission occurs not exceed 40 dBm/50 MHz, an
    increase of 40 dB over the existing limits. As with other UWB
    surveillance devices, measurements may be made using a lower
    resolution bandwidth ("RBW" in megahertz) provided the peak power is
    similarly decreased based on a 20 log (RBW/50) dB ratio.[^34]

14. We note that the emission levels produced by CWCEC's QUPID
    transmitter are lower than the limits for spurious emissions
    produced by transmitters in most of the authorized radio services,
    many of which are required to reduce their emissions to a level of
    43 + 10 log (power) dB, equivalent to ‑13 dBm.[^35] However, this is
    not the EIRP level but is the limit on the emission conducted to the
    transmit antenna. If the antenna provides gain at the frequency of
    the emission, the resultant EIRP will be higher than the conducted
    level. The QUPID emission levels also are considerably less than
    those produced by consumer devices operating in the nearby
    2400-2483.5 MHz band.[^36] Even so, we are reluctant to grant
    CWCEC's requested increase in the permitted emission levels for its
    QUPID transmitter absent some additional assurance that harmful
    interference will not be caused to the authorized radio services.
    For that reason, we are requiring that the height above ground for
    the QUPID antennas be no greater than 10 meters. We also are
    requiring that every QUPID transmitter, in the direction of its
    antenna, be located at least 110 meters from any area accessible to
    the public (minimum separation zone).[^37] Absent some experience
    with these devices, we are not implementing, at this time, the
    shorter 34 meters separation zone requested by CWCEC in its *ex
    parte* filing. We recognize that the 110 meters separation distance
    should exceed the separation distances necessary to prevent harmful
    interference to GPS, PCS, SDARS, 3G advanced communication systems,
    C-band FSS receivers, and future advanced wireless services such as
    3G.[^38] The separation zone, combined with the limit on the maximum
    antenna height, also should prevent interference from the QUPID
    transmitter to other radio operations. This 110 meters separation
    zone shall not encompass areas that are used by, or accessible to,
    the public.[^39] In addition, the QUPID transmitters and their
    associated separation zones shall be wholly contained within the
    boundaries of the property on which the QUPID system is
    installed.[^40] We do not believe that the separation zone
    requirement will present an installation problem for the QUPID
    equipment based, in part, on CWCEC's statement in its amendment to
    its waiver request that it will only install the QUPID systems in
    locations that have available combined protection and buffer zones
    of at least 108 meters. As acknowledged by CWCEC, establishing a
    QUPID operating system in an area that does not contain a
    sufficiently large separation zone, *e.g.*, in a location that
    contains a publicly accessible area, will render the QUPID system
    ineffective due to the number of false alarms. Thus, the QUPID
    equipment can function effectively only if it has been specifically
    engineered to a compatible location.

15. While the Coalition and RR-TAG cite several reports to demonstrate
    that UWB devices cause harmful interference to GPS receivers and the
    Council argues that the increased emission levels also will result
    in harmful interference to GPS receivers, they neglect that these
    earlier reports found that GPS receivers are more robust when the
    undesired emission occurs at low PRFs, such as those employed by the
    QUPID system. Furthermore, interference should not occur, regardless
    of the PRF, at the separation distance of the QUPID transmitters
    from the public due to the 110 meters separation zone.[^41] SIA's
    argument that the Commission already has concluded that low PRF
    devices, such as QUPID, have a higher potential for causing
    interference is taken out of context. The Commission indicated that
    an interference study produced by NTIA determined that low PRF
    transmitters can have a higher interference potential.[^42] However,
    the Commission also noted that this study was based on interference
    from the UWB peak emission level and did not take into account the
    Commission's limit on peak emissions.[^43] Further, the Commission
    found that the use of a lower PRF results in a decrease in the
    levels of the individual spectral lines for a given power level. The
    Commission also concluded that in cases where the PRF is much less
    than the receiver's bandwidth, such as occurs with QUPID and C-band
    FSS receivers, the UWB signal may appear to the receiver as
    impulsive noise and the effect is proportional to the peak power of
    the UWB signal unless some type of signal processing is incorporated
    in the victim receiver.[^44] Such processing is used in a multitude
    of receivers, including GPS and C-band FSS, which would result in
    these receivers responding to the average emission levels produced
    by QUPID and not to the higher peak levels, assuming, of course,
    that the UWB peak level is not high enough to saturate the front end
    of the victim receiver.

16. We see no need to evaluate interference potential based on the use
    of multiple QUPID emitters, as requested by SIA. The Commission has
    previously determined that any potential for harmful interference
    would be due to emissions from one or two UWB devices and that there
    is no threat of cumulative harmful interference.[^45] In addition,
    the QUPID emitters employ directional antennas further reducing the
    probability that signals from multiple QUPID emitters would be
    directed towards a victim receiver. We also disagree with Verizon
    that licensed services will operate within the QUPID coverage area
    or that we should address potential interference within the required
    separation zone. As stated previously, we are requiring each QUPID
    emitter to be separated by at least 110 meters from areas used by,
    or accessible to, the public.

17. We also do not agree that harmful interference will result to the
    licensed fixed radio services and radar systems operating in the
    same bands as QUPID. The Commission previously evaluated this
    interference potential in its UWB proceeding.[^46] Unlike
    conventional UWB devices, the QUPID transmitters employ antennas
    that are directional not only in the azimuth but also in elevation.
    We are limiting the height of the QUPID antennas to no greater than
    10 meters above ground. CWCEC states that the maximum coverage range
    of the QUPID system is 112 meters. The use of an antenna height of
    10 meters in combination with the antenna being directed downward,
    as an example, by 15 degrees, enables the QUPID system to provide
    coverage to a distance of about 115 meters, providing the maximum
    range cited by CWCEC. The use of such a downward-directed antenna
    would reduce the potential for the QUPID system to receive
    interference from, or to cause interference to, other radio service
    operations. Thus, we believe that it would be to CWCEC's advantage
    to employ such downward directed antennas. The use of a
    downward-directed antenna also should facilitate the coordination
    requirement that we are implementing, as discussed below, with
    Federal Government operations. Consequently, it is highly unlikely
    that the QUPID antennas would be aligned with the antennas used by
    the fixed services or by the licensed radar systems and similarly
    unlikely that harmful interference would occur. It also is extremely
    unlikely that any fixed receiver sites or radar systems will be
    located within the 110 meters separation zone from the QUPID
    transmitters. Fixed receiver sites and radar systems would be
    located further away from the QUPID equipment and generally would be
    located at elevated areas that would improve their coverage while
    providing some isolation from other radio frequency ("RF") sources.
    This increased separation distance combined with the directional
    antenna parameters of the QUPID system should ensure that no harmful
    interference occurs.

18. Based on the above, we find no evidence that operation of the QUPID
    system will result in harmful interference to other radio
    operations. However, in addition to requiring that the QUPID
    installation maintain a minimum 110 meters separation zone, we are
    implementing coordination requirements with Federal Government
    operations and operational restrictions, as discussed below, to
    further ensure that interference does not occur. We remind CWCEC
    that it is ultimately responsible for ensuring that the equipment is
    properly installed and meets all of the conditions of this waiver.
    CWCEC has an obligation to prevent the operation of this equipment
    from causing harmful interference to the operation of any radio
    service. We expect CWCEC to be cognizant of the surroundings in each
    installation and to take whatever steps are necessary to reduce
    interference potential, *e.g.*, employing antennas that are tilted
    downwards whenever feasible and taking advantage of terrain
    obstructions to minimize signal levels propagating beyond the
    installed property boundaries. Should the operation of a QUPID
    installation result in harmful interference, we fully intend to halt
    further operation of that system until such time that the harmful
    interference can be resolved, as required under the Part 15 rules.

19. *FCC/NTIA Coordination*. NTIA's regulations, which apply to the
    operation of RF devices by Federal agencies, permit Federal agencies
    to use off-the-shelf devices without licensing provided those
    devices are certified by the Commission to comply with its Part 15
    standards.[^47] In addition, Federal agencies may operate radio
    equipment without a license provided the equipment complies with
    NTIA's standards for unlicensed operation.[^48] Subsequent to
    CWCEC's filing of its Petition for Waiver, NTIA amended its
    regulations to permit agencies of the Federal Government to operate
    fixed UWB transmitters that exceed the Commission's limits, provided
    those agencies have successfully coordinated each installation and
    obtained authorization through NTIA.[^49] The Commission takes part
    in that coordination process to ensure that harmful interference is
    not caused to non-Government radio operations. If a Federal
    Government agency wishes to install a higher power fixed UWB
    transmitter, it is required to follow the methods contained in NTIA
    Special Publication 01-43[^50] to determine the separation distance
    that is needed between the UWB device and Federal authorized radio
    services.[^51] These calculated separation distances are termed
    "coordination trigger distances." If the proposed location of the
    fixed UWB transmitter falls outside the calculated coordination
    trigger distances, NTIA will support the request of the agency to
    use the UWB transmitter. If the location of the UWB device is within
    the coordination trigger distances, the agency requesting to use the
    equipment must work with the affected Federal agency or agencies to
    perform measurements or to develop more detailed analyses to
    demonstrate that the proposed UWB system is compatible with the
    authorized services.[^52] Once compatibility can be established,
    NTIA will approve the UWB operation. The agency using the higher
    powered UWB equipment must submit the system for registration in
    NTIA's Government Master File ("GMF"). The analyses or measurements
    used to demonstrate compatibility will become a resource for new
    coordination trigger distances that may be employed by any other
    prospective UWB equipment users. NTIA's regulations also state that
    NTIA will consider similar requests for non-Federal operations that
    are received from the Commission through NTIA's Interdepartment
    Radio Advisory Committee ("IRAC") Frequency Assignment Subcommittee
    ("FAS").[^53]

20. The Commission's regulations already contain a requirement that UWB
    imaging systems, including surveillance systems, must be coordinated
    with the Commission before operation may begin.[^54] While operation
    of a UWB imaging system complying with the regulations normally may
    commence upon the filing of the coordination report with the
    Commission, there are provisions to prohibit operation when
    additional coordination is required. For the purpose of this waiver,
    we are establishing an additional coordination procedure similar to
    that required by NTIA for Federal agencies.[^55] The coordinates for
    all QUPID installations operating under the provisions of this
    waiver must be provided through the Commission to the NTIA FAS. The
    locations of the QUPID installations will be compared to the
    coordination trigger distances established for the Federal systems
    and radio astronomy facilities identified by NTIA.[^56] If the
    location of the QUPID installation is not within the coordination
    trigger distance established for each Federal system and radio
    astronomy facility, the installation will be approved. If the
    location of the QUPID installation is within the coordination
    trigger distance, a more detailed technical analysis must be
    submitted to the Commission. This detailed analysis may consider
    terrain, antenna directionality, measured signal levels and other
    particulars unique to each installation site. Measurements assessing
    compatibility with the Federal systems may also be performed. The
    completed analysis or measurements will be reviewed by the
    Commission and coordinated by the Commission with NTIA's FAS.
    Coordination must be completed and an acknowledgement must be
    received from the Commission as a prerequisite to the operation of
    any QUPID system under this waiver. As this coordination does not
    address a routine UWB operation, the requirement in 47 C.F.R. §
    15.525(f) to complete coordination within 15 business days shall not
    apply. Subsequent to the completion of the coordination process, it
    is possible that new or expanded Federal Government systems may be
    located near the QUIPD system. If those new or modified Federal
    Government systems fall within the coordination trigger distances
    previously calculated, appropriate changes to the QUPID installation
    site, *e.g.*, changes to the directional angles of the antennas or
    the addition of shielding, must be implemented or a more detailed
    analysis or measurements must be performed to ensure interference
    compatibility. Unless these changes are implemented, a new analysis
    is performed, and a new coordination with the Commission and NTIA's
    FAS is completed prior to the operation of the new or expanded
    Federal Government systems, operation of the QUPID system shall
    cease.

21. *Limits on Installation Sites*. CWCEC indicates that it wishes to
    place QUPID systems in areas involving transportation, energy, vital
    human services, information and communications, weapons
    manufacturing and storage facilities, and prisons and detention
    facilities. However, we are reluctant to open marketing of the QUPID
    equipment to such widespread applications at this time. We believe a
    more cautious approach that allows us to confirm that the waiver
    conditions applied herein are effective is appropriate before we
    permit widespread use. For that reason, we are limiting the
    installation of QUPID systems to use only in the following high
    risk, secured facilities that have controlled access: nuclear power
    plants, correctional institutions, public water supply facilities,
    and public utilities. In addition, we are limiting the marketing of
    QUPID systems under this waiver to no more than 10 installations per
    year. Once systems have been installed and this method of preventing
    harmful interference proves to be practical and is confirmed as
    effective, we can consider increases in the number and type of
    permitted installations.

# Summary of Waiver Conditions

22. Based on the above, we are granting the waiver of the emission
    limits in Sections 15.511(c) and (e) and 15.521(g) for CWCEC's QUPID
    UWB surveillance imaging system subject to the following
    conditions.[^57] It shall be the responsibility of CWCEC to ensure
    that all of these provisions are met, including those provisions
    pertaining to operation by the user.

-   The -10 dB bandwidth of the QUPID transmitter shall be contained in
    the 1990-3650 MHz band and shall comply with all applicable rules in
    Part 15, including the requirement in Section 15.201 to obtain a
    grant of certification, except for the standards in Section
    15.511 (c) and (e) and in Section 15.521(g). In lieu of these
    standards, QUPID transmitters shall comply with the following
    emission levels:

    -   The radiated emissions at or below 960 MHz from a device
        operating under the provisions of this section shall not exceed
        the emission levels in Section 15.209. The radiated emissions
        above 960 MHz from a device operating under the provisions of
        this section shall not exceed the following average limits when
        measured using a resolution bandwidth of 1 MHz:

+--------------------------------------+-------------------------------+
| Frequency in MHz                     | EIRP in dBm                   |
+--------------------------------------+-------------------------------+
| 960-1160                             | -45                           |
|                                      |                               |
| 1160-1500                            | -47                           |
|                                      |                               |
| 1500-1610                            | -52                           |
|                                      |                               |
| 1610-1710                            | -47                           |
|                                      |                               |
| 1710-1755                            | -44                           |
|                                      |                               |
| 1755-1900                            | -47                           |
|                                      |                               |
| 1900-1990                            | -35                           |
|                                      |                               |
| 1990-2115                            | -24                           |
|                                      |                               |
| 2115-2600                            | -20                           |
|                                      |                               |
| 2600-2700                            | -30                           |
|                                      |                               |
| 2700-3650                            | -26.3                         |
|                                      |                               |
| 3650-4000                            | -40                           |
|                                      |                               |
| 4000-10600                           | -41.3                         |
|                                      |                               |
| Above 10600                          | -51.3                         |
+--------------------------------------+-------------------------------+

-   The peak EIRP appearing within the 50 MHz frequency band centered on
    the frequency at which the highest radiated emission occurs shall
    not exceed 40 dBm. A resolution bandwidth lower than 50 MHz, but no
    less than 1 MHz, may be used to determine the peak level provided
    the measured peak EIRP does not exceed \[40 + 20 log (RBW/50)\] dBm
    where RBW is the resolution bandwidth of the measurement instrument
    in megahertz. Consistent with the current UWB regulations, if an RBW
    of greater than 3 MHz is employed the application for certification
    filed with the Commission must contain a detailed description of the
    test procedure, calibration of the test setup, and the
    instrumentation employed in the testing.

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-   The QUPID system shall be used at a fixed location. Each QUPID
    transmitter shall be located such that there is a separation zone of
    at least 110 meters, as measured from the antenna in every direction
    in which the QUPID system is intended to detect a target. This 110
    meters separation zone shall not encompass areas that are used by,
    or accessible to, the public. In addition, the QUPID systems and
    their associated separation zones shall be wholly contained with the
    boundary of the property on which the QUPID system is installed.

-   The height of the QUPID antenna shall not exceed 10 meters above
    ground.

-   The QUPID systems shall be marketed directly by CWCEC only to, and
    used only by, the following high risk, secured facilities that have
    controlled access: nuclear power plants, correctional institutions,
    public water supply facilities, and public utilities.

-   QUPID systems may be installed in no more than 10 facilities in any
    calendar year.

-   The coordination of each QUPID installation with Federal Government
    operations and radio astronomy facilities, as required under 47
    C.F.R. §§ 15.511(b)(2) and 15.525, must be completed and an
    acknowledgement must be received from the Commission before
    operation may begin. CWCEC must demonstrate that the location of the
    QUPID system is beyond the coordination trigger distances
    established by NTIA for Federal systems and for radio astronomy
    facilities. If the location of the QUPID system is within the
    coordination trigger distances established by NTIA, CWCEC will be
    required to work through the Commission to perform a more detailed
    analysis or measurements to demonstrate compatibility. This detailed
    analysis may consider terrain, antenna directionality, measured
    signal levels and other particulars unique to each installation
    site. Data previously submitted to the Commission or to NTIA may be
    used for this purpose. No interference analysis or coordination is
    required for GPS or FSS receivers or on frequencies where the QUPID
    transmitter emissions comply with the limits in Section 15.511(c). A
    request to register the equipment along with supporting information
    shall be filed at the following address:

> Spectrum Coordination Branch, OET
>
> Federal Communications Commission
>
> 445 12^th^ Street, SW
>
> Washington, D.C. 20554
>
> Attn: QUPID UWB Coordination

-   If a Federal Government system is implemented or expanded subsequent
    to coordination and that system is within the coordination trigger,
    the operation of the QUPID system must cease unless its
    compatibility can be reestablished prior to the operation of the new
    or modified Federal Government system.

-   The QUPID transmitters shall be supplied with the following
    information for the user:

> This transmitter has been certified under a waiver issued by the
> Federal Communications Commission. This equipment may not be operated
> until such time that the location and installation of the equipment
> has been coordinated with, and acknowledged by, the FCC. This
> coordination requirement is designed to ensure that the potential for
> harmful interference to other radio services is minimized.

-   This waiver shall apply only to CWCEC's QUPID transmitter as well as
    to any subsequent models that have the same emission
    characteristics, *i.e.*, modulation, pulse repetition frequency,
    transmitter power, bandwidth, etc.

# ORDERING CLAUSES

23. Based on the above, we conclude that granting CWCEC's Request for
    Waiver will serve the public interest, convenience and necessity.
    Accordingly, pursuant to the authority delegated in Sections 0.31
    and 0.241 of the Commission\'s rules, 47 C.F.R. §§ 0.31, 0.241, and
    Section 1.3 of the Commission\'s rules, 47 C.F.R. § 1.3, IT IS
    ORDERED that the Request for Waiver filed by CWCEC Controls IS
    GRANTED, consistent with the terms of this Order. This action is
    taken pursuant to 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).

24. For further information regarding this Order, contact John A. Reed,
    Office of Engineering and Technology, (202) 418-2455,
    [john.reed@fcc.gov](mailto:jreed@fcc.gov).

Julius P. Knapp

Chief, Office of Engineering and Technology

[^1]: CWCEC filed its Petition for Waiver on July 18, 2003, and filed an
    amendment to its Petition for Waiver on October 4, 2004. The
    original petition was filed under the name Vista Controls, a
    Curtiss-Wright Company. Vista Controls is now part of CWCEC.

[^2]: *See* 47 C.F.R. § 15.511. CWCEC's request for a waiver of these
    specific paragraphs in 47 C.F.R. § 15.511 is contained in its
    supplement to its reply comments. CWCEC initially requested a waiver
    of the emission limits specified in 47 C.F.R. § 15.511(d) and (f).
    These were the paragraphs corresponding to the average and peak
    emission levels adopted by the Commission in the UWB *First Report
    and Order*. *See First Report and Order* in ET Docket No. 98-153, 17
    FCC Rcd 7435 (2002). However, the rules were changed by the
    Commission in the subsequent UWB *Memorandum Opinion and Order*.
    *See Memorandum Opinion and Order and Further Notice of Proposed
    Rule Making* in ET Docket No. 98‑153, 18 FCC Rcd 3857 (2003). The
    rule sections and paragraphs cited in this Order correspond to their
    current designations in 47 C.F.R. Part 15.

[^3]: A more detailed explanation of desired operating sites is
    contained in the amendment to CWCEC's Petition for Waiver, *supra*.

[^4]: CWCEC states that the use of these directional antennas inherently
    protects receivers located within a customer's facility.

[^5]: QUPID is designed to provide protection zones of 42, 82 and 112
    meters.

[^6]: CWCEC states that even the grass must be maintained below a
    certain height to avoid detectable motion from wind.

[^7]: *See* 47 C.F.R. §§ 15.501 *et seq*.

[^8]: *See* 47 C.F.R. §§ 15.511 and 15.521(g).

[^9]: *See* 47 C.F.R. §§ 15.511(b)(2) and 15.525.

[^10]: *See* 47 C.F.R. § 15.5.

[^11]: *See* 47 C.F.R. § 15.511.

[^12]: The emission levels shown in the table are the final levels
    requested by CWCEC after a series of modifications in its reply
    comments and in its *ex parte* submissions of September 22, 2006,
    September 29, 2006, November 2, 2006, and November 22, 2006.

[^13]: *See* *Office of Engineering and Technology Declares CWCEC
    Controls Request for a Waiver of Part 15 for an Ultra-wideband
    System to be a "Permit-but-disclose" Proceeding for Ex Parte
    Purposes*, DA 03-2631, August 11, 2003.

[^14]: SIA cites the *Memorandum Opinion and Order and Further Notice of
    Proposed Rule Making* ("*MO&O and FNPRM*") in ET Docket No. 98‑153,
    18 FCC Rcd 3857 (2003) at para. 154.

[^15]: *Ex parte* filings were made by the Council on October 19, 2006,
    on November 13, 2006, and on December 18, 2006.

[^16]: The Council bases its claim on the emission levels proposed for
    the 960-1610 MHz band in CWCEC's supplemental filing of September
    29, 2006. Those levels were superseded by CWCEC's filing of November
    2, 2006.

[^17]: The amended mask is the final mask shown earlier in this Order.

[^18]: *1^st^ Report and Order* in ET Docket No. 98-153, *Supra*.

[^19]: *See* *WAIT Radio v. FCC*, 418 F.2d 1153 (D.C. Cir. 1969).

[^20]: While CWCEC only requests a waiver of 47 C.F.R. § 15.511(c) and
    (e), the peak emission limit contained in 47 C.F.R. § 15.511(e) is
    replicated in 47 C.F.R. § 15.521(g). A waiver of both rule sections
    is necessary.

[^21]: We are unaware of other system designs that are capable of
    performing the types of operation described by CWCEC for its QUPID
    system, and no party has brought any to our attention.

[^22]: As the target cross section decreases in size, so does the level
    of the reflected radar signal. Thus, smaller cross section targets
    require increased power for detection by the radar system.

[^23]: While Verizon, for example, states that an analysis conducted by
    the manufacturer of its fixed wireless broadband equipment indicates
    that harmful interference could occur, it did not submit such
    analysis in this proceeding.

[^24]: *See* 47 C.F.R. § 15.5.

[^25]: CWCEC, in its reply comments, provides an explanation as to why
    these claims of high power spurious emission levels are incorrect.
    Regardless, the total power is not significant in determining
    potential interference. It is the power produced within the
    bandwidth of a victim receiver that determines interference
    potential.

[^26]: ARNS = Aeronautical Radio Navigation Service; RNSS = Radio
    Navigation-Satellite Service; RL = Radiolocation Service; Met Aids =
    Meteorological Aids Service; MRNS = Maritime Radio Navigation
    Service; SDARS = Satellite Digital Audio Radio Service.

[^27]: These are the maximum levels measured in each of the specified
    frequency bands. There is some variation in the emission levels
    across the each measured band.

[^28]: UWB devices also are required to comply with a -63.3 dBm RMS EIRP
    limit in the L1, L2 and L5 GPS frequency bands of 1559-1610 MHz,
    1215-1240 MHz, and 1164-1189 MHz, respectively, when measured with a
    resolution bandwidth of no less than 1 kHz. The emissions from the
    QUPID transmitter were attenuated below the existing limit by 13.9
    to 19.7 dB.

[^29]: This emission level was obtained based on a full spectrum scan
    without the use of a low noise amplifier ("LNA"). A limited span
    measurement using an LNA and a tunable bandpass filter produced a
    maximum RMS average EIRP signal level of ‑22.1 dBm which is the
    value shown in the table. The differences are within the typical
    uncertainty range associated with radiated RF measurements.

[^30]: While the UWB emission limit is 0 dBm/50 MHz, per 47 C.F.R. §
    15.511(e), 47 C.F.R. § 15.521(g) permits peak measurements to be
    performed using a lower resolution bandwidth provided there is a
    corresponding reduction in the peak limit. With a resolution
    bandwidth of 1 MHz, the current UWB peak emission limit is ‑34 dBm.

[^31]: In its November 22, 2006, *ex parte* filing, CWCEC recognized
    that its emissions may exceed the limit requested in its further
    supplement to its waiver request for the 3800-4000 MHz band. The
    Commission's measurements determined that the higher emission level
    occurred closer to 3700 MHz. In addition, while CWCEC requested that
    the limit be increased to -39.3 dBm, the Commission's measurements
    determined that the maximum emission level produced in the 3650-4000
    MHz band did not exceed -40.8 dBm. Accordingly, we are requiring an
    emission limit of -40 dBm in the 3650-4000 MHz band.

[^32]: While measurement variations of a few decibels is normal, due to
    the margin of error in the measurement equipment, the Commission
    will not grant an application for certification if the submitted
    data shows that the emission limits are exceeded.

[^33]: In the 1710-1755 MHz band, CWCEC requested a limit of -25 dBm in
    its reply comments, a limit of ‑41.3 dBm in its supplemental filings
    of September 22, 2006, and September 29, 2006, and a limit of -47
    dBm in its further supplemental filing of November 2, 2006. In the
    3650-4200 MHz band, CWCEC requested a limit of -10 dBm in its
    petition and in its reply comments and a limit of -41.3 dBm in its
    supplemental filings.

[^34]: RBW may be between 1 MHz and 50 MHz. Because the PRF employed
    with the QUPID transmitter will be less than RBW, the application of
    a 20 log ratio, instead of 10 log of the ratio, is proper. *See*
    NTIA Report 01-383, *The Temporal and Special Characteristics of
    Ultrawideband Signals*, January 2001, at figure 8.86 on pg. 8-46
    through 8-48. This report states that the peak relationship follows
    a 20 log ratio when the RBW is much greater than the PRF and that
    dithered peak emissions follow a 10 log ratio only when the RBW is
    much less than the PRF. In *Assessment of Compatibility between
    Ultrawideband Devices and Selected Federal Systems*, NTIA Special
    Publication 01-43, January 2001, at pg. D-1 and D-2, NTIA employed a
    10 log ratio to represent the peak power in a 50 MHz bandwidth when
    the RBW is less than or equal to 2.0 PRF for a dithered emission.
    The QUPID transmitter operates at a PRF of 2441 Hz so RBW employed
    for peak measurements always will be greater than 2 PRF.

[^35]: *See*, for example, 47 C.F.R. §§ 101.111. ITFS and MMDS
    transmitters are required to attenuate their emissions by only 40 dB
    or to 33 + 10 log (P) dB, whichever is the lesser attenuation, at
    250 kHz from the channel edge (*i.e.*, the emissions conducted to
    the antenna must be attenuated to -3 dBm or higher) and to 60 dB or
    43 + 10 log (P) dB, whichever is the lesser attenuation, at 3 MHz
    and beyond from the channel edge. *See*, for example, 47 C.F.R.
    § 74.936(f).

[^36]: Emissions from such consumer devices that appear outside of the
    2400-2483.5 MHz band can range from as high as -14 dBW to as low as
    -41.3 dBm EIRP, depending on the frequency band. *See* 47 C.F.R. §§
    15.205 and 15.247(d).

[^37]: The distance of the separation zone shall be measured from the
    antenna in every direction in which the QUPID system is intended to
    detect a target. We note that this separation distance also
    satisfies the separation distance requested by the Council.

[^38]: This conclusion is based on previous Commission evaluation and
    conclusions regarding potential harmful interference from UWB
    operations. *See*, *e.g.*, *First Report and Order* ("*1^st^ R&O*")
    in ET Docket No. 98-153, 17 FCC Rcd 7435 (2002). While AT&T raised
    the possibility of interference to 2.4 GHz unlicensed operations,
    unlicensed systems operate on a sufferance basis where the operator
    is required to accept any interference that is received, regardless
    of the source of that interference, and must resolve any harmful
    interference caused to an authorized radio service. *See* 47 C.F.R.
    § 15.5. While we do not believe that interference will occur to 2.4
    GHz unlicensed operations, there is no requirement to protect such
    operations from interference.

[^39]: We recognize that the QUPID operator may have occasional needs
    for its security and other personnel to access the separation zones;
    this access would not be deemed "public access" for purposes of this
    waiver.

[^40]: Areas outside of the 110 meters separation zone may be accessible
    to the general public even if they are within the property boundary.

[^41]: *See*, for example, *1^st^ R&O*, *supra*, at para. 78-80. NTIA
    demonstrated that GPS receiver performance was robust when the
    interfering signal operated at a PRF of 100 kHz or less. Thus, based
    on the PRF and emission level employed by the QUPID system operating
    under this waiver, interference should not occur to GPS reception
    regardless of the separation distance. Further, there is no
    justification for the Council's request to limit the QUPID system
    only to the use of pulse position modulation. The only justification
    for the Council\'s request to limit PRF and modulation type would be
    to ensure that this waiver is limited to a specific QUPID system. We
    agree and are limiting the waiver to CWCEC's specific QUPID device.
    Subsequent changes to emission characteristics will require a
    separate waiver request and *de novo* consideration.

[^42]: NTIA Special Publication 01-43, *supra*.

[^43]: *See* *MO&O and FNPRM* in ET Docket No. 98‑153, *supra*, at para.
    154.

[^44]: *See* *Second Report and Order and Second Memorandum Opinion and
    Order* ("*2^nd^ R&O and 2nd MO&O*") in ET Docket No. 98-153, FCC Rcd
    24558 (2004), at para. 14

[^45]: *See*, for example, *1^st^ R&O*, *supra*, at para. 226-234, *MO&O
    and FNPRM*, *supra*, at para. 88, *2nd R&O and 2^nd^ MO&O*, *supra*,
    at para. 99.

[^46]: *See*, for example, *1^st^ R&O*, *supra*, at para. 164-167 and
    the *MO&O and FNPRM*, *supra*, at para. 139-142.

[^47]: *See Manual of Regulations and Procedures for Federal Radio
    Frequency Management*, U.S. Department of Commerce, National
    Telecommunications and Information Administration, May 2003 Edition,
    January 2006 Revision, ("NTIA regulations") at Section 7.8.

[^48]: *See* NTIA regulations at Section 7.9. NTIA's specifications for
    unlicensed operation are similar to the Commission's Part 15
    standards.

[^49]: *See* NTIA regulations at Sections 8.3.29, 9.2.5, and 10.3.8.

[^50]: *See* NTIA Special Publication 01-43, *supra*.

[^51]: The NTIA regulations contain provisions to permit the fixed
    operation of UWB devices that do not comply with NTIA's or the
    Commission's standards. *See* NTIA regulations at Sections 8.3.29,
    9.2.5, and 10.3.8.

[^52]: Changes in the location of the authorized service transmission
    systems will trigger the need for new analyses or measurements to
    ensure that the UWB operations continue to be compatible with other
    radio spectrum operations.

[^53]: *See* NTIA regulations at Section 9.2.5.

[^54]: *See* 47 C.F.R. §§ 15.511(b)(2) and 15.525.

[^55]: We believe that this requirement addresses the arguments
    presented by the Council to provide licensing and coordination for
    QUPID transmission systems. While a specific station license is not
    being issued, and the Council did not indicate how such licensing
    would be possible since the QUPID transmission system does not fit
    the standards or allocations within any of the Commission's
    authorized radio services, the level of coordination is greater than
    that required for many licensed stations.

[^56]: The NTIA contact for obtaining this information is Spectrum
    Engineering and Analysis Division 202-482-2608.

[^57]: Other applicable emission limits, *e.g.*, 47 C.F.R. § 15.511(d),
    continue to apply to the QUPID transmitter.