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 Federal  Communications  Commission  FCC  03-  110 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Revision  of  Parts  2  and  15  of  the  Commissions  Rules  to  Permit  Unlicensed  National  Information 
 Infrastructure  (U-  NII)  devices  in  the  5  GHz  band 


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 ET  Docket  No.  03-  122  RM  -  10371 


 NOTICE  OF  PROPOSED  RULEMAKING 
 Adopted:  May  15,  2003  Released:  June  4,  2003 
 Comments  date:  [120  days  from  date  of  publication  in  the  Federal  Register]  Reply  comments  date:  [150  days  from  date  of  publication  in  the  Federal  Register] 


 By  the  Commission:  Chairman  Powell,  Commissioners  Abernathy  and  Adelstein  issuing  separate  statements;  Commissioners  Copps  and  Martin  issuing  a  joint  statement. 


 INTRODUCTION 
 1.  By  this  action,  we  propose  to  amend  Part  15  of  our  rules  governing  the  operation  of  unlicensed  National  Information  Infrastructure  (U-  NII)  devices,  1  including  Radio  Local  Area  Networks 
 (RLANs),  to  make  available  an  additional  255  megahertz  of  spectrum  in  the  5.47  5.725  GHz  band.  2  This  will  increase  the  spectrum  available  to  unlicensed  devices  in  the  5  GHz  region  of  the  spectrum  by  nearly 
 80%,  and,  it  represents  a  significant  increase  in  the  spectrum  available  for  unlicensed  devices  across  the  overall  radio  spectrum.  This  action  responds  to  the  petition  for  rule  making  submitted  by  the  Wireless 
 Ethernet  Compatibility  Alliance  (WECA    now  known  as  the  Wi-  Fi  Alliance).  3  We  believe  that  the  increased  available  capacity  gained  from  access  to  an  additional  255  megahertz  of  spectrum,  coupled  with 
 the  ease  of  deployment  and  operational  flexibility  provided  by  our  U-  NII  rules,  will  foster  the  development  of  a  wide  range  of  new  and  innovative  unlicensed  devices  and  lead  to  increased  wireless 
 broadband  access  and  investment.  4  Also,  this  proposal  would  align  the  frequency  bands  used  by  U-  NII 
 1  U-  NII  devices  are  [  i]  ntentional  radiators  operating  in  the  frequency  bands  5.15-  5.  35  GHz  and  5.725-  5.825  GHz 
 that  use  wideband  digital  modulation  techniques  and  provide  a  wide  array  of  high  data  rate  mobile  and  fixed  communications  for  individuals,  businesses,  and  institutions.  47  C.  F.  R.    15.  403(  i). 


 2  See  47  C.  F.  R.  Part  15  Subpart  E    Unlicensed  National  Information  Infrastructure  Devices. 
 3  See  WECA  Petition  for  Rulemaking,  RM-  10371,  filed  on  January  15,  2002,  Public  Notice  Report  No.  2527;  Jan. 
 29,  2002.  4 
 We  note  that  the  Spectrum  Policy  Task  Force  Report  issued  last  fall  recommended  that  the  Commission  act  to  promote  more  flexible,  innovative,  and  market  driven  uses  of  the  radio  spectrum,  and,  indeed,  the  report  specifically 


 recommended  that  the  Commission  allocate  additional  spectrum  for  unlicensed  use.  This  action  advances  the  policies  set  forth  in  the  report. 
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 devices  with  those  in  other  parts  of  the  world,  thus  decreasing  development  and  manufacturing  costs  for  U.  S.  manufacturers  by  allowing  for  the  same  digital  communications  products  to  be  used  in  most  other 
 parts  of  the  world.  5 
 2.  In  addition  to  proposing  to  make  more  spectrum  available  for  use  by  U-  NII  devices,  we  propose  several  other  changes  to  the  Table  of  Frequency  Allocations  to  accommodate  the  needs  of  other 
 radio  services  operating  in  the  5  GHz  region  of  the  spectrum.  Specifically,  we  propose  to  modify  the  U.  S.  Table  of  Frequency  Allocations  in  Part  2  of  the  rules  to  upgrade  the  status  of  the  Federal  Government 
 Radiolocation  service  to  primary  in  the  5.46-  5.65  GHz  band.  6  We  also  propose  to  upgrade  the  status  of  the  non-  Federal  Government  radiolocation  to  primary  in  the  5.47-  5.  65  GHz  band.  We  further  propose  to 
 add  primary  allocations  for  the  Federal  Government  and  secondary  allocations  for  the  non-  Federal  Government  Space  Research  Service  (active)  (SRS)  in  the  5.35-  5.57  GHz  band  and  the  Earth 
 Exploration-  Satellite  Service  (active)  (EESS)  in  the  5.46-  5.57  GHz  band.  7  We  also  propose  to  modify  certain  technical  requirements  for  U-  NII  devices  in  the  Part  15  rules  to  protect  various  radio  services 
 against  harmful  interference.  8  Our  proposals  are  consistent  with  the  U.  S.  World  Radiocommunication  Conference  2003  (WRC-  03)  position  regarding  this  band.  9 


 BACKGROUND 
 3.  Under  the  current  FCC  Part  15  rules,  U-  NII  devices  are  permitted  to  operate  in  a  total  of  300  megahertz  of  spectrum  in  the  5.150-  5.250  GHz,  5.250-  5.350  GHz  and  5.725-  5.825  GHz  bands.  The 
 technical  and  operational  requirements  are  different  in  each  of  these  bands.  10  Many  of  the  devices  presently  operating  under  these  rules  are  designed  to  meet  an  industry  standard  for  wireless  local  area 
 networks  called  IEEE  802.11(  a),  which  is  sometimes  referred  to  as  a  Wi-  Fi  (Wireless-  Fidelity)  standard.  11 


 5  Allowing  RLANs  to  operate  in  the  same  spectrum  used  by  products  built  to  the  European  HIPERLAN  standard 
 will  foster  American  industrys  flexibility  to  create  products  for  both  markets,  promote  economies  of  scale  in  production,  increase  convenience  for  traveling  users  and  facilitate  seamless  user  applications. 


 6  The  U.  S.  Table  of  Frequency  Allocations  is  set  forth  in  Section  2.106  of  the  Commissions  rules,  47  C.  F.  R. 
   2.106.  7 
 The  Commission  previously  proposed  primary  Federal  Government  EESS  (active)  and  SRS  (active)  allocations  in  the  5.25-  5.  35  GHz  band  and  a  Federal  Government  EESS  (active)  allocation  in  the  5.35-  5.  46  GHz  band.  See 


 Amendment  of  Parts  2,  25,  and  87  of  the  Commissions  Rules  to  Implement  Decisions  from  World  Radio  communication  Conferences  concerning  Frequency  Bands  Between  28  MHz  and  36  GHz  and  to  Otherwise  Update 
 the  Rules  in  this  Frequency  Range,  ET  Docket  No.  02-  305,  17  FCC  Rcd  19756  (2002)  (  Above  28  MHz  Notice).  8 
 The  rules  we  are  proposing  herein  are  those  deemed  necessary  to  protect  incumbent  users  from  interference.  Industry  standards  being  developed  by  IEEE  or  others  may  contain  more  detailed  technical  requirements. 


 9  See  U.  S.  Department  of  Commerce,  National  Telecommunications  and  Information  Administration,  Agreement 
 Reached  Regarding  U.  S.  Position  on  5  GHz  Wireless  Access  Devices,  (  WRC-  03  Agreement),  rel.  Jan.  31,  2003,  (available  at  http://  www.  ntia.  doc.  gov/  ntiahome/  press/  2003/  5ghzagreement.  htm.)  The  World  Radiocommunication 


 Conference  2003  (WRC-  03)  is  scheduled  for  June  9  -  July  4,  2003,  in  Geneva,  Switzerland.  In  Agenda  Item  1.5,  WRC-  03  will  consider  spectrum  allocations  for  the  mobile,  fixed,  EESS,  and  SRS,  and  the  upgrade  of  the 
 radiolocation  service  in  the  frequency  range  5.15-  5.  725  GHz.  10 
 See  47  C.  F.  R  Part  15  Subpart  E.  11 
 The  term  Wi-  Fi  was  originally  applied  to  unlicensed  wireless  devices  operating  in  the  2.  4  GHz  region  of  the  spectrum  in  accordance  with  the  Institute  of  Electrical  and  Electronics  Engineers  (IEEE)  802.  11(  b)  standard.  More 


 recently,  the  term  has  also  been  applied  to  unlicensed  wireless  devices  operating  in  the  5  GHz  region  under  in  accordance  with  IEEE  802.11(  a).  The  IEEE  standards  contain  specific  implementation  requirements  for  systems 
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 4.  On  January  15,  2002,  WECA  submitted  a  petition  for  rule  making  seeking  an  additional  255  megahertz  of  spectrum  for  use  by  U-  NII  devices  in  the  5.470-  5.725  GHz  band.  WECA  argues  that  this 
 additional  spectrum  is  needed  to  accommodate  growing  demand  for  unlicensed  radio  local  area  networks  (RLANs)  that  are  capable  of  operating  at  data  rates  of  up  to  54  million  bits  per  second  (54  Mbps). 
 WECA  states  that  RLANs  can  offer  a  low-  cost  method  to  meet  business  and  consumer  needs  for  broadband  communication  devices  and  services.  WECA  argues  that  a  key  condition  for  continued  market 
 acceptance  of  RLANs  is  the  availability  of  sufficient  spectrum  to  allow  a  high  quality  user  experience  in  the  presence  of  large  numbers  of  uncoordinated  users.  12  Additionally,  WECA  states  that  its  proposal 
 would  align  the  U.  S.  U-  NII  spectrum  with  the  European  allocations  for  HiperLANs,  thereby  permitting  the  use  of  common  products  in  both  the  U.  S.  and  Europe  and  increasing  economies  of  scale.  13 


 5.  In  response  to  WECAs  petition,  seventeen  comments  and  ten  reply  comments  were  filed.  The  overwhelming  majority  of  the  commenters  support  WECAs  proposal  for  increasing  the  amount  of 
 spectrum  available  for  U-  NII  equipment,  citing  both  the  benefits  of  additional  system  capacity  and  the  promise  of  new  technologies  capable  of  providing  higher  data  rates  than  currently  available.  14  Three 
 commenters  oppose  the  petition,  stating  that  WECA  has  not  demonstrated  a  need  for  more  unlicensed  U-  NII  spectrum.  15  ARRL  further  argues  that  WECA  has  not  demonstrated  that  U-  NII  devices  operating 
 in  the  5.650-  5.725  GHz  band  will  not  cause  interference  to  the  Amateur  Radio  service,  which  operates  on  a  secondary  basis  in  this  band.  16 


 6.  The  WRC-  03  will  consider  allocations  for  wireless  access  systems  including  RLANs,  radar  systems,  and  other  services  in  the  5  GHz  region  of  the  spectrum.  Specifically,  WRC-  03  Agenda  Item  1.5 
 considers  several  issues  that  either  interrelate  or  overlap  with  the  expansion  of  spectrum  used  for  the  deployment  of  RLANs  internationally.  These  issues  are  as  follows:  1)  whether  to  upgrade  the 
 Radiolocation  service  allocation  in  the  5.350-  5.650  GHz  band  to  primary;  2)  whether  to  add  an  allocation  for  the  Earth  Exploration-  Satellite  Service  (EESS)  and  Space  Research  Services  (SRS)  in  the 
 5.460-  5.570  GHz  band;  and  3)  whether  to  add  a  Mobile  allocation  for  wireless  access  systems  including  RLANs,  in  the  5.150-  5.350  GHz  and  5.470-  5.725  GHz  bands.  17 


 7.  The  5.350-  5.650  GHz  band  portion  of  the  spectrum  that  is  the  subject  of  the  WECA  petition  is  currently  allocated  internationally  to  the  Radiolocation  service  on  a  secondary  basis.  The  U.  S. 
 Department  of  Defense  (DoD)  uses  this  band  for  a  number  of  radar  systems,  including  systems  used  for  national  security.  DoD  is  concerned  that  RLAN  systems  will  cause  interference  to  its  radar  systems.  In 


 (...  continued  from  previous  page)  and  are  consistent  with  our  more  general  requirements.  The  Commission  does  not  require  devices  operating  in 
 either  the  2.4  GHz  or  5  GHz  bands  to  meet  the  IEEE  standards.  12 
 See  WECA  petition.  13 
 The  European  High  Performance  Radio  Local  Area  Networks  (HiperLANs)  operate  in  the  5.15-  5.  35  GHz  and  5.  475-  5.725  GHz  bands. 


 14  See  comments  of  Actiontec,  Agere,  Atheros,  Compaq,  Intel,  Intersil,  Dennis  Kuwahara,  Lincom  Wireless, 
 Motorola,  Nokia,  Proxim,  Konrad  Roeder,  Sharp  Labs,  and  WCA.  15 
 See  comments  of  the  Amherst  Alliance  and  ARD,  ARRL,  and  Nicklaus  Legget.  16 
 See  ARRL  comments  at  8.  17 
 WRC  Agenda  Item  1.5  also  includes  a  provision  adding  an  allocation  to  the  Fixed  Service  for  Fixed  Wireless  Access  in  Region  3,  which  includes  Asia,  Australia,  and  the  Pacific  Islands.  In  addition,  WRC  Agenda  Item  1.  6  is 


 closely  related  to  Agenda  Item  1.5.  Agenda  Item  1.6  addresses  the  provisions  of  regulatory  measures  to  protect  Mobile  Satellite  Service  (  MSS)  feeder  links  operating  in  the  5150-  5250  MHz  band. 
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 addition,  DoD  is  concerned  that,  should  the  WRC-  03  establish  a  primary  Mobile  allocation  for  RLANs,  DoDs  radar  systems  would  be  compelled  to  accept  interference  from  RLANs.  DoD  therefore  believes  it 
 is  vital  to  national  security  to  elevate  the  Radiolocation  service  allocation  from  secondary  to  primary  status.  Additionally,  the  National  Aeronautical  and  Space  Administration  has  supported  allocating 
 additional  spectrum  for  SRS  in  the  5.35-  5.57  GHz  band  and  EESS  in  the  5.46-  5.57  GHz  band. 
 8.  In  preparing  for  WRC-  03  the  National  Telecommunications  and  Information  Administration  (NTIA),  FCC,  NASA  and  DOD,  working  closely  with  industry,  reached  the  following  agreement  on  U.  S. 
 proposals  for  the  WRC-  03  Agenda  Item  1.5:  18 


 1.  Upgrade  the  Radiolocation  service  to  primary  status  within  the  5.350-  5.650  GHz  band  to  protect  sensitive  DoD  operations; 


 2.  Add  an  allocation  for  the  SRS  in  the  5.35-  5.46  GHz  band  and  for  the  EESS  and  SRS  in  the  5.46-  5.  57  GHz  band;  19 
 3.  Add  a  Mobile  allocation  to  the  5.150-  5.350  GHz  and  5.  470-  5.  725  GHz  bands;  and 
 4.  Require  U-  NII  or  HiperLAN  users  in  the  5.250-  5.350  GHz  and  5.470-  5.725  GHz  bands  to  employ  dynamic  frequency  selection  (DFS),  20  a  listen-  before-  transmit  mechanism,  using  the 


 following  thresholds:  -64  dBm  for  devices  that  operate  with  an  e.  i.  r.  p.  of  200  mW  to  1  W  and  -62  dBm  for  devices  that  operate  with  less  than  200  mW  e.  i.  r.  p.  21  Additional  technical 
 requirements  are  also  needed.  22 


 9.  Taken  together,  these  WRC-  03  proposals  would  expand  the  spectrum  available  for  the  deployment  of  U-  NII  devices,  including  RLANs,  while  protecting  other  spectrum  users.  Our  proposals 
 for  implementing  these  changes  are  discussed  below. 


 DISCUSSION 
 10.  We  believe  that  the  rules  we  are  proposing  will  encourage  the  growth  of  unlicensed  wireless  broadband  devices  and  networks  to  the  benefit  of  the  American  public.  Further,  our  proposed  rules  will 
 ensure  that  incumbent  radio  services  are  protected  against  harmful  interference.  We  request  comments  on  the  proposals  addressed  in  this  Notice.  Further,  we  encourage  commenters  to  address  any  other  issues 
 that  may  not  have  been  identified  in  this  Notice. 
 11.  We  agree  with  WECA  that  the  spectrum  currently  available  for  U-  NII  devices  is  insufficient  to  support  long-  term  growth  for  unlicensed  wireless  broadband  devices  and  networks.  Ample  evidence 


 18  See  WRC-  03  Agreement. 
 19  The  SRS  allocation  in  the  5.35-  5.46  GHz  band  was  agreed  to  at  the  CITEL  (Inter-  American  Telecommunication 
 Commission)  conference  held  in  Orlando,  Florida  in  February  2003.  20 
 Dynamic  Frequency  Selection  (DFS)  is  a  mechanism  that  detects  the  presence  of  signals  from  other  systems,  notably  radar  systems,  and  avoids  co-  channel  operation. 


 21  See  WRC-  03  Agreement. 
 22  Id. 
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 exists  of  the  enormous  growth  in  the  demand  for  such  devices  and  services.  23  As  detailed  in  a  recent  White  Paper  by  the  Commission  staff,  market  projections  indicate  that  unlicensed  wireless  network 
 products  grew  rapidly  over  the  past  two  years  and  that  future  sales  volumes  are  predicted  to  increase  even  more  dramatically  when  market  conditions  improve.  For  example,  the  Synergy  Research  Group  reported 
 that  the  Wireless  LAN  market  posted  its  eighth  consecutive  quarter  of  double-  digit  growth  and  has  grown  at  a  rate  of  more  than  150  percent  since  2000.  24  Further,  the  revenue  from  W-  LAN  shipments  is  projected 
 to  rise  to  $2.8  billion  in  2003  and  will  continue  to  grow  for  the  foreseeable  future.  25  Although  estimates  vary,  the  consensus  seems  to  be  that  worldwide  W-  LAN  sales,  including  Wi-  Fi  equipment,  ranged 
 between  $1.7  and  $2.0  billion  in  2002.  The  Wireless  LAN  Association  foresees  W-  LAN  equipment  sales  reaching  $5.2  billion  by  2005.  26 


 12.  We  also  observe  that  a  number  of  service  providers  are  currently  offering  or  have  announced  plans  to  deploy  commercial  unlicensed  wireless  broadband  networks.  27  These  networks  offer  significant 
 benefits  for  American  consumers  and  businesses.  For  example,  such  networks  offer  the  possibility  of  increased  competition  with  other  providers  of  broadband  service,  including  cable  and  digital  subscriber 
 line  (DSL)  broadband  services.  We  also  note  that  unlicensed  wireless  devices  and  networks  may  provide  an  available  option  for  broadband  service  in  areas  that  are  unserved  by  other  broadband  providers.  We 
 further  note  that  the  existing  U-  NII  bands  are  shared  with  other  services  and  that  providing  additional  spectrum  would  give  devices  and  networks  increased  flexibility  to  avoid  causing  or  receiving 
 interference,  thereby  improving  the  quality  of  service  experienced  by  consumers.  In  addition,  we  believe  that  the  availability  of  additional  spectrum  will  provide  certainty  that  unlicensed  wireless  broadband 
 networks  will  have  room  to  grow,  thereby  further  stimulating  investment.  For  these  reasons,  we  tentatively  conclude  that  an  additional  255  megahertz  should  be  made  available  under  the  U-  NII  rules  to 
 meet  the  growing  demand  for  new  high  data  rate  devices  and  services  and  to  enable  equipment  to  use  spectrum  that  is  harmonized  with  the  European  HiperLAN  standards.  Our  proposals,  as  discussed  below, 
 are  based  on  the  U.  S.  government-  industry  agreement  and  the  U.  S.  position  for  WRC-  03.  28 
 Proposed  Changes  to  the  Table  of  Frequency  Allocations 
 13.  We  are  proposing  to  implement  the  following  allocations  consistent  with  the  U.  S.  proposals  to  the  WRC-  03.  First,  we  propose  to  modify  the  U.  S.  Table  of  Frequency  Allocations  in  Part  2  of  the 
 rules  to  upgrade  the  status  of  the  Federal  Government  Radiolocation  service  to  primary  in  the  5.46  5.65  GHz  band.  29  We  will  similarly  upgrade  the  status  of  the  non-  Federal  Government  Radiolocation 


 23  Joint  Office  of  Engineering  and  Technology  and  Office  of  Spectrum  Policy  White  Paper  on  Unlicensed  Spectrum 
 Devices  and  the  Associated  Regulatory  Issues  (OET-  OSP  Unlicensed  White  Paper).  Available  at  http://  hraunfoss.  fcc.  gov/  edocs_  public/  attachmatch/  DOC-  234741A1.  pdf 


 24  Id.  at  31.  See  also  Comments  of  Consumer  Electronics  Association,  Docket  No.  02-  135,  p.  3. 
 25  ARCchart,  LTD.,  Blueprint  Wi-  Fi,  73  percent  WLAN  Growth  in  2002,  Issue  7,  at  6  (Sept.  26,  2002). 
 26  Jeff  Abramowitz,  Wireless  LANs    Poised  for  untethered  Growth.  Available  at  http://  www.  wlan.  org/ 
 df/  wlan_  industry.  pdf.  27 
 See  OET-  OSP  Unlicensed  White  Paper  at  34-  35.  28 
 The  United  States  has  supported  a  regional  proposal  to  the  WRC-  03  adopted  at  the  recent  CITEL  (Inter-  American  Telecommunication  Commission)  conference  held  in  Orlando,  Florida  in  February  2003.  The  CITEL  proposal  is 


 largely  consistent  with  the  U.  S.  government-  industry  agreement.  However,  the  CITEL  proposal  also  requires  that  devices  operating  in  the  5.470-  5.  725  GHz  band  employ  Transmit  Power  Control  (TPC)  as  an  interference  protection 
 mechanism  for  EESS  systems  and  other  satellite  services.  29 
 The  band  5.  35  5.  46  GHz  is  allocated  on  a  secondary  basis  for  radiolocation  internationally,  however,  radiolocation  is  already  allocated  on  a  primary  basis  in  the  United  States. 
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 service  to  co-  primary  in  the  5.47  5.65  GHz  band  so  that  we  do  not  disadvantage  non-  Government  licensees.  These  bands  are  used  by  non-  Federal  Government  broadcast  weather  radar  stations.  We  note 
 that  the  Federal  Radiolocation  service  already  has  a  primary  allocation  in  the  5.35-  5.46  GHz  band.  The  elevation  in  status  for  Federal  Government  Radiolocation  along  with  the  requirement  for  DFS  as 
 described  below  will  ensure  that  these  existing  services  are  protected  from  interference  from  U-  NII  devices.  We  further  propose  to  add  primary  allocations  for  the  Federal  Government  and  secondary 
 allocations  for  the  non-  Federal  Government  for  the  Space  Research  Service  (active)  (SRS)  in  the  5.35-  5.57  GHz  band  and  the  Earth  Exploration-  Satellite  Service  (active)  (EESS)  in  the  5.46-  5.57  GHz  band.  30 
 We  seek  comment  on  these  proposals. 
 14.  In  the  U.  S.,  Part  15  unlicensed  devices  including  U-  NII  devices  operate  on  a  non-  interference  basis  and  do  not  operate  within  radio  services  listed  in  the  Table  of  Frequency  Allocations.  Instead,  Part 
 15  devices  share  spectrum  with  radio  services  on  the  basis  that  they  may  not  cause  any  harmful  interference  and  must  accept  any  interference  that  may  be  received.  Although  the  WECA  petition  and 
 comments  request  an  allocation  of  spectrum  for  unlicensed  U-  NII  devices,  they  also  request  operation  under  Part  15  of  the  rules.  We  thus  propose  to  modify  our  Part  15  rules  to  allow  U-  NII  devices  to  operate 
 in  the  5.470-  5.725  GHz  band  on  a  non-  interference  basis,  and  seek  comment  on  this  proposal.  We  note  that  WRC-  03  is  considering  a  Mobile  allocation  for  the  5.150-  5.350  GHz  and  5.470-  5.725  GHz  bands  and 
 that  some  administrations  would  need  a  Mobile  allocation  in  the  international  Table  of  Frequency  Allocations  for  RLANs  or  HiperLANs  to  operate  in  the  bands.  Therefore,  the  U.  S.  position  for  WRC-  03 
 supports  adoption  of  an  international  Mobile  allocation  so  that  these  devices  may  operate  throughout  the  world. 


 15.  Table  1  below  summarizes  all  the  allocation  proposals  herein.  We  seek  comment  on  these  proposed  changes  to  the  Table  of  Frequency  Allocations.  Commenters  are  requested  to  provide  a 
 technical  analysis  to  substantiate  any  claims  of  interference  which  may  be  caused  by  operations  of  U-  NII  devices  under  these  proposed  rules. 


 30  See  Proposed    2.106  Table  of  Frequency  Allocations  in  Appendix  B. 
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 Table  1:  Existing  U.  S.  Allocations  and  Unlicensed  Use  vs.  Proposals  for  Realigned  Allocations  and  Unlicensed  Use  Existing  U.  S.  Allocation  and  Unlicensed  Use  Proposed  U.  S.  Allocation  and  Unlicensed  Use  Summary  of  Changes 
 5150-  5350  MHz  No  change. 
 5350-  5460  MHz  AERONAUTICAL  RADIONAVIGATION  5.449 
 Federal  RADIOLOCATION  G56  non-  Federal  Radiolocation 


 US48 


 5350-  5460  MHz  AERONAUTICAL  RADIONAVIGATION  5.449 
 Federal  RADIOLOCATION  G56  non-  Federal  radiolocation 
 Federal  SPACE  RESEARCH  (active)  non-  Federal  space  research  (active) 


 US48 


 Additional  110  MHz  for  Federal  (primary)  and  non-  Federal  (secondary) 
 SRS  (active). 


 5460-  5470  MHz  RADIONAVIGATION  5.449 
 Federal  Radiolocation  G56  non-  Federal  Radiolocation 


 US49  US65 


 5460-  5470  MHz  Federal  EARTH  EXPLORATION-  SATELLITE 
 (active)  non-  Federal  Earth  exploration-  satellite  (active) 
 RADIONAVIGATION  5.449  Federal  RADIOLOCATION  G56 
 non-  Federal  radiolocation  Federal  SPACE  RESEARCH  (active) 
 non-  Federal  space  research  (active) 
 US49  US65 


 Additional  10  MHz  for  Federal  (primary)  and  non-  Federal  (secondary)  EESS 
 (active)  and  SRS  (active). 
 Upgrade  10  MHz  for  Federal  radiolocation  to  primary  status. 


 5470-  5570  MHz  Federal  EARTH  EXPLORATION-  SATELLITE 
 (active)  non-  Federal  Earth  exploration-  satellite  (active) 
 MARITIME  RADIONAVIGATION  Federal  RADIOLOCATION  G56 
 non-  Federal  RADIOLOCATION  Federal  SPACE  RESEARCH  (active) 
 non-  Federal  space  research  (active)  Part  15  U-  NII* 


 US50  US65 


 Additional  100  MHz  for  Federal  (primary)  and  non-  Federal  (secondary) 
 EESS  (active)  and  SRS  (active). 
 Upgrade  100  MHz  for  Federal  and  non-Federal  radiolocation  to  primary  status. 


 Additional  100  MHz  for  Part  15  U-  NII. 


 5470-  5600  MHz  MARITIME  RADIONAVIGATION 
 Federal  Radiolocation  G56  non-  Federal  Radiolocation 


 US50  US65 
 5570-  5600  MHz  MARITIME  RADIONAVIGATION 
 Federal  RADIOLOCATION  G56  Non-  Federal  RADIOLOCATION 
 Part  15  U-  NII*  US50  US65 


 Upgrade  30  MHz  for  Federal  and  non-Federal  radiolocation  to  primary  status. 
 Additional  30  MHz  for  Part  15  U-  NII. 
 5600-  5650  MHz  MARITIME  RADIONAVIGATION 
 METEOROLOGICAL  AIDS  Federal  Radiolocation  US51  G56 
 non-  Federal  Radiolocation  US51 


 5.452  US65 


 5600-  5650  MHz  MARITIME  RADIONAVIGATION 
 METEOROLOGICAL  AIDS  Federal  RADIOLOCATION  US51  G56 
 non-  Federal  RADIOLOCATION  US51  Part  15  U-  NII* 


 5.452  US65 


 Upgrade  50  MHz  for  Federal  and  non-Federal  radiolocation  to  primary  status. 
 Additional  50  MHz  for  Part  15  U-  NII. 


 5650-  5725  MHz  Federal  RADIOLOCATION  G2 
 Amateur 


 5.282 


 5650-  5725  MHz  Federal  RADIOLOCATION  G2 
 Amateur  Part  15  U-  NII* 


 5.282 


 Additional  75  MHz  for  Part  15  U-  NII. 


 (*  -  denotes  unlicensed  use) 
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 Proposed  Changes  to  U-  NII  Rules 
 16.  Technical  requirements.  Under  the  existing  Part  15  U-  NII  rules,  there  are  three  different  frequency  sub-  bands  available  to  U-  NII  devices,  each  with  its  own  set  of  technical  requirements  (e.  g., 
 transmit  power  and  antenna  gain),  based  on  its  sharing  environment.  31  U-  NII  devices  operating  in  the  5.150-  5.250  GHz  sub-  band  are  restricted  to  indoor  operations  and  a  power  limit  of  200  mW  e.  i.  r.  p.  in 
 order  to  protect  co-  channel  Mobile  Satellite  Service  (MSS)  feeder  links.  32  Because  of  the  relatively  low  power  limit  and  indoor  usage  requirement,  this  sub-  band  is  most  suitable  for  U-  NII  devices  providing 
 communications  links  between  devices  separated  by  short  distances  indoors,  such  as  between  computing  devices  within  a  room  or  in  adjoining  rooms.  The  5.250-  5.350  GHz  sub-  band  may  be  used  indoors  and 
 outdoors  and  is  limited  to  1  watt  e.  i.  r.  p.  This  sub-  band  is  shared  with  the  Federal  Government  Radiolocation  Service,  Earth  Exploration  Satellite  Service  and  Space  Research  Service.  This  U-  NII  sub-band 
 is  suitable  for  communications  links  both  within  and  between  buildings  such  as  for  campus-  wide  local  area  networks.  The  5.725-  5.  825  GHz  sub-  band  may  be  used  indoors  and  outdoors  with  power  levels 
 up  to  4  watts  e.  i.  r.  p.  This  U-  NII  sub-  band  is  shared  with  Federal  Government  Radiolocation,  Amateur,  ISM,  and  other  Part  15  devices  and  is  suitable  for  communications  links  within  and  among  buildings  and 
 over  long  distances  through  use  of  high-  gain  antennas.  33 
 17.  Motorola,  Agere,  Intel,  Atheros  and  other  commenters  support  WECAs  proposal  to  extend  the  U-  NII  rules  governing  the  5.250-  5.350  GHz  band  to  the  new  5.470-  5.725  GHz  band.  WECA  states 
 that  the  envisioned  uses  for  the  proposed  U-  NII  5.470-  5.725  GHz  band  are  most  similar  to  those  in  the  5.250-  5.350  GHz  sub-  band.  WECA  further  states  that  because  MSS  feeder  links  are  not  present  at  5.470- 
 5.725  GHz,  there  is  no  basis  for  imposing  the  stricter  limits  of  the  5.15-  5.  25  GHz  U-  NII  sub-  band  on  the  proposed  new  U-  NII  band.  They  also  state  that  devices  operating  in  the  proposed  new  U-  NII  band  will  not 
 have  to  contend  with  overlapping  higher-  powered  ISM  uses,  and  thus  the  higher  limits  established  for  the  5.725-  5.825  GHz  U-  NII  sub-  band  may  inadvertently  limit  the  capacity  of  RLAN  networks  by  increasing 
 the  potential  for  intraband  interference  with  other  U-  NII  devices.  However,  Lincom,  WCA,  Air2LAN,  and  Airband  see  a  pressing  need  for  more  power,  especially  for  point  to  multipoint  applications,  and 
 therefore  argue  that  the  Commission  should  apply  the  requirements  of  the  5.725-  5.825  GHz  sub-  band  to  the  new  spectrum. 


 18.  Consistent  with  the  agreements  cited  earlier,  we  propose  to  add  the  5.470-  5.725  GHz  band  to  the  U-  NII  bands  with  the  same  technical  requirements  that  apply  to  the  existing  5.250-  5.  350  GHz  U-  NII 
 sub-  band.  This  is  consistent  with  the  WECA  petition  and  the  U.  S.  position  for  the  upcoming  WRC-  03.  The  Federal  Government  believes  that  the  power  must  be  limited  to  1  watt  e.  i.  r.  p.  to  protect  incumbent 
 systems.  34  We  also  believe  that  this  will  best  provide  for  communications  among  devices  within  and  among  buildings  where  demand  is  greatest.  We  expect  that  the  100  MHz  of  spectrum  that  is  already 
 available  at  5.725-  5.825  GHz  will  remain  sufficient  for  higher  power  operations.  We  note  in  particular 
 31  See  47  C.  F.  R    15.  407. 
 32  See  47  C.  F.  R.  Subpart  E  and  Report  and  Order  in  ET  Docket  96-  102,  12  FCC  Rcd  1576  (1997). 
 33  Amendment  of  the  Commission's  Rules  to  Provide  for  Operation  of  Unlicensed  NII  Devices  in  the  5  GHz 
 Frequency  Range,  47  C.  F.  R.    15.  247,  which  provides  for  unlicensed  frequency  hopping  and  digital  transmission  devices  operating  in  the  5.  725-  5.850  GHz  band. 


 34  The  Federal  Government  performed  an  analysis  of  interference  to  radiolocation  systems  based  on  a  maximum 
 transmit  power  of  1  watt  e.  i.  r.  p.  There  is  a  direct  relationship  between  the  maximum  transmit  power  and  the  derived  DFS  thresholds.  If  higher  power  were  permitted,  the  DFS  levels  would  need  to  be  reduced  as  well,  which  industry 


 has  generally  found  to  be  unworkable  because  the  DFS  mechanism  would  be  so  sensitive  to  stray  radio  noise  that  it  would  effectively  prevent  access  to  the  spectrum. 
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 that  operations  over  longer  distances  employ  directional  antennas  that  allow  for  high  reuse  and  sharing  of  the  spectrum,  which  mitigates  the  need  for  additional  spectrum  for  these  types  of  operations.  We  seek 
 comment  on  this  analysis. 
 19.  ARRL  argues  that  WECA,  in  its  petition,  has  not  demonstrated  that  U-  NII  devices  operating  in  the  5.650-  5.725  GHz  band  will  avoid  causing  interference  to  the  Amateur  Radio  service,  which 
 operates  on  a  secondary  basis  in  this  band.  35  Our  review  of  ARRLs  web  site  indicates  that  amateur  use  of  this  band  is  limited  to  propagation  beacons  and  possibly  some  limited  satellite  use.  Roeder  comments 
 that  there  is  little  ready  made  Amateur  equipment  for  this  band  and  that  there  are  only  a  few  rare  mountain  top  users  of  this  band.  36  We  observe  that  amateurs  already  share  the  5.725-  5.825  GHz  band 
 with  U-  NII  devices  and  we  are  unaware  of  any  complaints  of  interference.  Further,  as  noted  below,  we  are  proposing  to  permit  a  lower  e.  i.  r.  p.  for  U-  NII  devices  operating  in  the  5.470-  5.725  GHz  band  (i.  e.,  1 
 watt  e.  i.  r.  p.)  than  for  the  existing  5.725-  5.825  GHz  band  (i.  e.,  4  watts  e.  i.  r.  p.).  Therefore,  we  believe  that  U-  NII  devices  can  operate  in  5.650-  5.725  GHz  band  without  causing  interference.  Finally,  U-  NII  devices 
 in  this  band  would  continue  to  operate  under  Part  15  of  our  rules  and  would  be  required  to  eliminate  any  harmful  interference  that  may  occur  to  the  Amateur  Radio  service.  We  tentatively  conclude  that  the 
 proposals  herein  are  adequate  to  protect  the  Amateur  Radio  service  from  interference.  We  seek  comment  on  this  tentative  conclusion. 


 20.  In  addition  to  applying  the  existing  technical  requirements  for  the  5.250-  5.350  GHz  sub-  band  to  the  new  5.470-  5.725  GHz  band,  to  ensure  protection  to  existing  vital  DoD  radar  operations,  we  are 
 proposing  that  U-  NII  devices  operating  in  both  the  existing  5.250-  5.350  GHz  sub-  band  and  the  new  5.470-  5.725  GHz  sub-  band  employ  a  listen-  before-  talk  mechanism  called  dynamic  frequency  selection 
 (DFS).  DFS  is  an  interference  avoidance  mechanism.  Prior  to  the  start  of  any  transmissions,  and  through  constant  monitoring,  the  device  (e.  g.,  RLAN)  equipped  with  such  a  mechanism  monitors  the  radio 
 environment  for  a  radars  presence.  If  the  U-  NII  device  determines  that  a  radar  is  present,  it  either  moves  to  another  channel  or  enters  a  sleep  mode  if  no  channels  are  available.  We  propose  that  U-  NII  devices  be 
 required  to  continuously  monitor  their  environment  for  the  presence  of  radars  both  prior  to  and  during  operation.  37  The  proposed  rules  contained  in  Appendix  B  include  detailed  specifications  for  DFS.  DoD 
 concurs  that  the  use  of  DFS  at  the  thresholds  proposed  will  provide  the  necessary  protection  for  its  vital  radar  systems.  38 


 21.  The  DFS  mechanism  detects  a  radar  signal  above  a  minimum  DFS  detection  threshold  of  62  dBm  for  devices  with  a  maximum  e.  i.  r.  p.  less  than  200  mW  and  64  dBm  for  devices  with  a  maximum 
 e.  i.  r.  p.  between  200  mW  and  1  W  averaged  over  1  s.  The  DFS  detection  threshold  is  defined  as  the  received  signal  strength  (RSS)  in  dBm  (or  some  other  metric  of  received  signal  format),  referenced  to  the 
 output  of  a  0  dBi  receive  antenna.  These  signal  levels  are  referenced  to  a  1  MHz  bandwidth.  There  is  no  bandwidth  correction  factor  involved  if  the  receive  bandwidth  of  the  U-  NII  device  is  greater  than  1  MHz 
 (i.  e.,  radars  signal  bandwidth).  However,  if  the  RSS  is  to  be  measured  correctly  by  a  U-  NII  device  having  a  receive  bandwidth  less  than  1  MHz,  a  bandwidth  correction  factor  must  be  taken  into  account. 
 We  seek  comment  on  whether  10*  Log  (BW/  1MHz)  (where  BW  is  the  U-  NII  devices  bandwidth)  should  be  used  as  the  appropriate  correction  factor  for  U-  NII  devices  that  have  a  bandwidth  less  than  1  MHz. 


 22.  For  systems,  where  multiple  devices  operate  under  a  central  controller,  we  propose  that  only 
 35  See  ARRL  comments  at  8. 
 36  See  Konrad  Roeder  comments  at  1. 
 37  IEEE  website:  IEEE802.  org  (P802.11h/  d3.3) 
 38  See  WRC-  03  Agreement. 
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 the  central  controller  be  required  to  have  DFS  capability.  We  recognize  that  there  may  be  devices  or  architectures  developed,  where  remote  devices  are  not  under  the  control  of  a  master  device.  We  seek 
 comment  on  requiring  such  devices  to  have  DFS.  We  also  invite  comment  on  how  to  identify  remote  units  that  operate  only  under  the  control  of  a  central  controller. 


 23.  The  U-  NII  device's  ability  to  reliably  detect  a  radar's  presence  in  the  channel  depends  greatly  on  the  pulse  characteristics  of  the  radar.  The  time  for  which  the  radar  occupies  the  U-  NII  channel  (dwell 
 time)  also  influences  the  detection  probability.  The  problem  arises  when  the  dwell  time  is  very  short  as  is  the  case  for  frequency  hopping  radars.  In  this  case,  the  subject  radar  signal  is  characterized  as  a  receive 
 signal  strength  (RSS)  equal  to  or  greater  than  the  DFS  detection  threshold  level  within  the  U-  NII  device's  channel  bandwidth  (e.  g.,  typically  18  MHz  for  devices  operating  under  IEEE  802.11(  a)).  The  radar  signal 
 has  a  bandwidth  of  1  MHz  and  a  pulse  repetition  rate  (PRR)  in  the  range  200-  4000  pulses/  s,  where  the  nominal  pulse  width  is  in  the  range  of  1  to  20  microseconds.  We  seek  comment  on  the  minimum  number 
 of  pulses  and  the  observation  time  required  for  reliable  detection. 


 24.  We  are  also  proposing  to  require  a  transmit  power  control  (TPC)  mechanism  in  the  5.470-  5.725  GHz  band  to  further  reduce  the  potential  for  impact  on  EESS  and  SRS  operations.  TPC  is  a 
 feature  intended  to  adjust  the  transmitters  output  power  based  on  the  signal  level  at  the  receiver.  TPC  will  allow  the  transmitter  to  operate  at  less  than  the  maximum  power  for  most  of  the  time.  As  the  signal 
 level  at  the  receiver  rises  or  falls,  the  transmit  power  will  be  decreased  or  increased  as  needed.  Because  TPC  equipped  devices  adjust  their  transmit  power  to  the  minimum  necessary  to  achieve  the  desired 
 performance,  the  average  interference  power  from  a  large  number  of  devices  is  reduced,  the  power  consumption  is  minimized  and  network  capacity  is  increased.  Consistent  with  the  U.  S.  proposals  to  the 
 WRC-  03,  we  are  proposing  that  U-  NII  devices  employ  a  TPC  mechanism  that  will  ensure  a  6  dB  drop  in  power  when  triggered.  We  seek  comment  on  what  the  appropriate  triggering  mechanism  will  be.  For 
 example,  should  TPC  seek  to  keep  a  receiver  parameter  such  as  received  signal  strength,  bit  error  rate,  or  block  error  rate  below  a  certain  threshold?  How  long  will  a  pair  of  U-  NII  devices  have  to  adjust  their  link 
 powers?  Will  it  be  necessary  to  require  U-  NII  devices  to  employ  TPC  if  their  maximum  power  is  3  dB  or  more  below  the  maximum  permitted  under  the  rules?  How  should  TPC  be  applied  to  system 
 configurations  where  multiple  devices  may  operate  under  the  control  of  a  central  device. 
 25.  Test  procedures.  We  seek  comment  on  appropriate  test  procedures  needed  to  ensure  compliance  with  the  DFS  and  TPC  requirements  proposed  in  this  proceeding.  We  note  that  the 
 operational  requirements  for  DFS  are  well  defined  in  the  applicable  industry  standards.  39  We  observe  that  while  TPC  has  been  agreed  to  as  a  general  requirement,  its  operational  details  are  still  under  development. 
 Therefore,  we  particularly  seek  comment  on  the  means  by  which  devices  can  be  tested  for  compliance  with  TPC  requirements  to  implement  reduced  power  without  placing  unnecessary  restrictions  on  device 
 design.  We  also  seek  comment  on  the  extent  to  which  devices  under  development  that  may  have  unique  or  novel  transmission  waveforms  may  require  special  measurement  instrumentation  settings  (e.  g., 
 integration  times)  that  differ  from  those  used  for  measuring  compliance  for  existing  U-  NII  band  devices. 
 26.  Transition  period  for  U-  NII  equipment  operating  in  the  5.250-  5.350  GHz  band.  U-  NII  devices  currently  operate  in  this  band  without  DFS  capability.  As  a  result,  we  recognize  that  some  period 
 of  time  will  be  needed  to  implement  the  new  DFS  requirement  for  U-  NII  equipment  operating  in  the  5.250-  5.350  GHz  band.  We  propose  that  the  DFS  requirement  for  the  5.250-  5.350  GHz  band  effective 
 for  U-  NII  equipment  that  is  certified  after  one  year  from  the  date  of  publication  of  the  Report  and  Order  in  this  proceeding  in  the  Federal  Register.  We  believe  that  this  should  be  sufficient  time  for  equipment 


 39  IEEE  website:  IEEE802.  org  (P802.  11h/  3.  3) 
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 manufacturers  to  incorporate  DFS  into  their  new  designs.  We  also  propose  to  require  that  all  U-  NII  devices  operating  in  the  5.250-  5.350  GHz  band  that  are  imported  or  shipped  in  interstate  commerce  on  or 
 after  two  years  from  the  date  of  publication  in  the  Federal  Register  comply  with  these  standards.  We  believe  that  most  affected  products  will  be  redesigned  within  this  three-  year  time  frame  and  that 
 compliance  with  this  proposal  would  not  cause  an  unreasonable  burden  on  industry.  Comments  are  requested  on  these  proposed  transition  provisions.  We  are  proposing  to  require  that  U-  NII  equipment 
 operating  in  the  new  spectrum  at  5.470  5.725  GHz  meet  all  the  technical  requirements,  including  DFS  and  TPC,  on  the  effective  date  of  these  rules. 


 CONCLUSION 
 27.  In  this  Notice  of  Proposed  Rulemaking,  we  propose  to  amend  the  regulations  to  add  255  MHz  to  the  300  MHz  of  spectrum  that  is  already  available  for  U-  NII  devices  in  the  5  GHz  region  of  the 
 spectrum.  We  anticipate  that  this  80%  increase  in  available  spectrum  for  unlicensed  devices  at  5  GHz  will  provide  increased  opportunity  for  the  development  and  deployment  of  a  wide  variety  of  unlicensed 
 wireless  devices,  and  in  particular  for  broadband  wireless  devices.  The  proposals  in  this  Notice  respond  to  a  petition  from  WECA  and  are  consistent  with  the  United  States  position  for  the  upcoming  WRC.  We 
 also  propose  technical  rules  that  we  believe  will  protect  all  incumbent  radio  services,  both  Government  and  non-  Government,  against  harmful  interference.  We  request  comments  on  these  proposals. 


 PROCEDURAL  MATTERS 
 Initial  Regulatory  Flexibility  Analysis 
 28.  As  required  by  Section  603  of  the  Regulatory  Flexibility  Act,  5  U.  S.  C.    603,  the  Commission  has  prepared  an  Initial  Regulatory  Flexibility  Analysis  ("  IRFA")  of  the  possible  significant 


 economic  impact  on  small  entities  of  the  proposals  suggested  in  this  document.  The  IRFA  is  set  forth  in  Appendix  A.  Written  public  comments  are  requested  on  the  IRFA.  These  comments  must  be  filed  in 
 accordance  with  the  same  filing  deadlines  as  comments  filed  in  this  Notice  of  Proposed  Rule  Making.  Comments  must  have  a  separate  and  distinct  heading  designating  them  as  responses  to  the  IRFA. 


 Initial  Paperwork  Reduction  Act  of  1995  Analysis 
 29.  This  Notice  contains  a  proposed  information  collection  subject  to  the  Paperwork  Reduction  Act  of  1995  (PRA).  As  part  of  its  continuing  effort  to  reduce  paperwork  burdens,  we  invite  the  general 


 public  and  the  Office  of  Management  and  Budget  ("  OMB")  to  take  this  opportunity  to  comment  on  the  information  collections  contained  in  this  Notice,  as  required  by  the  Paperwork  Reduction  Act  of  1995, 
 Public  Law  104-  13.  Public  and  agency  comments  are  due  at  the  same  time  as  other  comments  on  this  Notice. 


 30.  In  addition  to  filing  comments  with  the  Secretary,  a  copy  of  any  comments  on  the  information  collection(  s)  contained  herein  should  be  submitted  to  Judith  B.  Herman,  Federal 
 Communications  Commission,  Room  1-  C804,  445  12th  Street,  SW,  Washington,  DC  20554,  or  via  the  Internet  to  jboley@  fcc.  gov  and  to  Kim  Johnson,  OMB  Desk  Officer,  Room  10236,  725  17th  Street,  NW, 
 Washington,  DC  20503  or  via  the  Internet  to  Kim  A.  Johnson@  omb.  eop.  gov. 
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 A.  Ex  Parte  Rules  -  -  Permit-  But-  Disclose  Proceeding. 
 31.  This  is  a  permit-  but-  disclose  notice  and  comment  rule  making  proceeding.  Ex  parte  presentations  are  permitted,  except  during  the  Sunshine  Agenda  period,  provided  they  are  disclosed  as 


 provided  in  the  Commission's  rules.  See  generally  47  C.  F.  R.    1.  1202,  1.1203,  and  1.2306(  a). 
 B.  Comments 
 32.  Pursuant  to  Sections  1.415  and  1.419  of  the  Commission's  rules,  47  C.  F.  R.    1.415  and  1.419,  interested  parties  may  file  comments  on  or  before  [120  days  from  date  of  publication  in  the  Federal 


 Register]  and  reply  comments  on  or  before  [150  days  from  date  of  publication  in  the  Federal  Register].  Comments  may  be  filed  using  the  Commission's  Electronic  Comment  Filing  System  ("  ECFS"), 
 http://  www.  fcc.  gov/  e-  file/  ecfs.  html,  or  by  filing  paper  copies.  See  Electronic  Filing  of  Documents  in  Rulemaking  Proceedings,  63  Fed.  Reg.  23,121  (1998). 


 33.  Comments  filed  through  the  ECFS  can  be  sent  as  an  electronic  file  via  the  Internet  to  http://  www.  fcc.  gov/  e-  file/  ecfs.  html.  Generally,  only  one  copy  of  an  electronic  submission  must  be  filed. 
 If  multiple  docket  or  rulemaking  numbers  appear  in  the  caption  of  this  proceeding,  however,  commenters  must  transmit  one  electronic  copy  of  the  comments  to  each  docket  or  rulemaking  number  referenced  in 
 the  caption.  In  completing  the  transmittal  screen,  commenters  should  include  their  full  name,  U.  S.  Postal  Service  mailing  address,  and  the  applicable  docket  or  rulemaking  number.  Parties  may  also  submit  an 
 electronic  comment  by  Internet  e-  mail.  To  get  filing  instructions  for  e-  mail  comments,  commenters  should  send  an  e-  mail  to  ecfs@  fcc.  gov,  and  should  include  the  following  words  in  the  body  of  the 
 message,  get  form  <your  e-  mail  address.  A  sample  form  and  directions  will  be  sent  in  reply.  Parties  who  choose  to  file  by  paper  must  file  an  original  and  four  copies  of  each  filing.  If  more  than  one  docket 
 or  rulemaking  number  appear  in  the  caption  of  this  proceeding,  commenters  must  submit  two  additional  copies  for  each  additional  docket  or  rulemaking  number. 


 34.  Filings  can  be  sent  by  hand  or  messenger  delivery,  by  commercial  overnight  courier,  or  by  first-  class  or  overnight  U.  S.  Postal  Service  mail  (although  we  continue  to  experience  delays  in  receiving 
 U.  S.  Postal  Service  mail).  The  Commission's  contractor,  Vistronix,  Inc.,  will  receive  hand-  delivered  or  messenger-  delivered  paper  filings  for  the  Commission's  Secretary  at  236  Massachusetts  Avenue,  N.  E., 
 Suite  110,  Washington,  D.  C.  20002.  The  filing  hours  at  this  location  are  8:  00  a.  m.  to  7:  00  p.  m.  All  hand  deliveries  must  be  held  together  with  rubber  bands  or  fasteners.  Any  envelopes  must  be  disposed  of 
 before  entering  the  building.  Commercial  overnight  mail  (other  than  U.  S.  Postal  Service  Express  Mail  and  Priority  Mail)  must  be  sent  to  9300  East  Hampton  Drive,  Capitol  Heights,  MD  20743.  U.  S.  Postal 
 Service  first-  class  mail,  Express  Mail,  and  Priority  Mail  should  be  addressed  to  445  12th  Street,  SW,  Washington,  D.  C.  20554.  All  filings  must  be  addressed  to  the  Commission's  Secretary,  Office  of  the 
 Secretary,  Federal  Communications  Commission. 
 35.  Parties  who  choose  to  file  by  paper  should  also  submit  their  comments  on  diskette.  Such  a  submission  should  be  on  a  3.5-  inch  diskette  formatted  in  an  IBM  compatible  format  using  Microsoft 


 Word  or  compatible  software.  The  diskette  should  be  accompanied  by  a  cover  letter  and  should  be  submitted  in  read  only  mode.  The  diskette  should  be  clearly  labeled  with  the  commenters  name, 
 proceeding  (including  the  lead  docket  number,  type  of  pleading  (comment  or  reply  comment),  date  of  submission,  and  the  name  of  the  electronic  file  on  the  diskette.  The  label  should  also  include  the 
 following  phrase  "Disk  Copy    Not  an  Original."  Each  diskette  should  contain  only  partys  pleading,  preferably  in  a  single  electronic  file.  In  addition,  commenters  must  send  diskette  copies  to  the 
 Commissions  copy  contractor,  Qualex  International,  Portals  II,  445  12th  Street,  SW,  Room  CY-  B402,  Washington,  DC,  20554. 
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 36.  Alternative  formats  (computer  diskette,  large  print,  audio  cassette  and  Braille)  are  available  to  persons  with  disabilities  by  contacting  Brian  Millin  at  (202)  418-  7426,  TTY  (202)  418-  2555,  or  via 
 e-  mail  to  bmillin@  fcc.  gov.  This  Notice  can  also  be  downloaded  at  http://  www.  fcc.  gov/  oet. 
 C.  Contact  Person 
 37.  For  further  information  concerning  this  rule  making  proceeding  contact  Ahmed  Lahjouji  at  (202)  418-  2061,  Ahmed.  lahjouji@  fcc.  gov,  Office  of  Engineering  and  Technology. 


 ORDERING  CLAUSES 
 38.  Accordingly,  IT  IS  ORDERED  that  pursuant  to  Sections  1,  4,  301,  302(  a),  303,  307,  309,  316,  and  332  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  Sections  151,  154,  301,  302(  a), 


 303,  307,  309,  316,  332,  334,  and  336,  the  notice  of  proposed  rule  making  is  hereby  adopted. 
 39.  IT  IS  FURTHER  ORDERED  that  the  Commissions  Consumer  and  Governmental  Affairs  Bureau,  Reference  Information  Center,  SHALL  SEND  a  copy  of  this  notice  of  proposed  rule  making, 


 including  the  Initial  Regulatory  Flexibility  Analysis,  to  the  Chief  Counsel  for  Advocacy  of  the  Small  Business  Administration. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Marlene  H.  Dortch  Secretary 
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 Initial  Regulatory  Flexibility  Analysis 
 Initial  Regulatory  Flexibility  Analysis 
 As  required  by  the  Regulatory  Flexibility  Act  of  1980  as  amended,  40  the  Commission  has  prepared  this  present  Initial  Regulatory  Flexibility  Analysis  (IRFA)  of  the  possible  significant  economic  impact  on 
 small  entities  by  the  policies  and  rules  proposed  in  this  Notice  of  Proposed  Rulemaking  (  Notice).  Written  public  comments  are  requested  on  this  IRFA.  Comments  must  be  identified  as  responses  to  the  IRFA  and 
 must  be  filed  by  the  deadlines  for  comments  on  the  Notice  provided  31  of  the  item.  The  Commission  will  send  a  copy  of  this  Notice,  including  the  IRFA,  to  the  Chief  Counsel  for  Advocacy  of  the  Small  Business 
 Administration  (SBA).  41  In  addition,  the  Notice  and  IFRA  (or  summaries  thereof)  will  be  published  in  the  Federal  Register.  42 


 A.  Need  for,  and  Objectives  of,  the  Proposed  Rules. 
 This  Notice  proposes  to  amend  Part  15  of  our  rules  governing  the  operation  of  unlicensed  National  Information  Infrastructure  (U-  NII)  devices,  including  Radio  Local  Area  Networks  (RLANs),  to 
 make  available  an  additional  255  megahertz  of  spectrum  in  the  5.47  5.725  GHz  band  for  the  growth  and  development  of  unlicensed  wireless  broadband  networks.  This  action  responds  to  the  petition  for  rule 
 making  submitted  by  the  Wireless  Ethernet  Compatibility  Alliance  (WECA    now  known  as  Wi-  Fi  Alliance).  43 


 In  addition  to  proposing  to  make  more  spectrum  available  for  use  by  U-  NII  devices,  the  Notice  also  proposes  several  other  rules  changes  in  the  5  GHz  band  that  will  further  facilitate  the  use  of  this  band 
 for  U-  NII  devices,  while  at  the  same  time  ensuring  sufficient  protection  for  various  incumbents  in  the  band.  Specifically,  it  proposes  to  modify  the  U.  S.  Table  of  Frequency  Allocations  in  Part  2  of  the  rules  to 
 upgrade  the  status  of  the  Federal  Government  Radiolocation  service  to  primary  in  the  5.46  5.  65  GHz  band.  It  similarly  proposes  to  upgrade  the  non-  Federal  Government  radiolocation  service  to  primary  in 
 the  5.47-  5.65  GHz  band.  It  further  proposes  to  add  primary  allocations  for  the  Federal  Government  and  the  non-  Federal  Government  Space  Research  Service  (active)  (SRS)  in  the  5.35-  5.46  GHz  band  and  the 
 Earth  Exploration-  Satellite  Service  (active)  (EESS)  and  SRS  (active)  in  the  5.46-  5.57  GHz  band.. 
 The  Notice  also  proposes  to  modify  certain  technical  requirements  for  U-  NII  devices  in  the  Part  15  rules.  In  addition  to  applying  the  existing  technical  requirements  for  the  5.250-  5.350  GHz  sub-  band  to 
 the  new  5.470-  5.725  GHz  band,  it  proposes  that  U-  NII  devices  operating  in  both  the  existing  5.250-  5.350  GHz  sub-  band  and  the  new  5.470-  5.725  GHz  sub-  band  employ  a  listen-  before-  talk 
 mechanism  called  dynamic  frequency  selection  (DFS).  DFS  is  an  interference  avoidance  mechanism.  Prior  to  start  of  any  transmissions,  and  through  constant  monitoring,  the  device  (e.  g.,  RLAN)  equipped 
 with  such  a  mechanism  monitors  the  radio  environment  for  a  radars  presence.  If  the  U-  NII  device  determines  that  a  radar  signal  is  present,  it  either  moves  to  another  channel  or  enters  a  sleep  mode  if  no 


 40  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-  112,  110  Stat.  847  (1996)(  CWAAA).  Title  II  of  the  CWAAA  is  the  Small  Business  Regulatory  Enforcement  Fairness  Act  of  1996  (  SBREFA). 


 41  See  5  U.  S.  C.    603(  a). 
 42  See  5  U.  S.  C.    603(  a). 
 43  See  WECA  Petition  for  Rulemaking,  RM-  10371,  filed  on  January  15,  2002,  Public  Notice  Report  No.  2527, 
 January  29,  2002. 
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 channels  are  available.  The  Notice  seeks  comments  regarding  alternative  DFS  requirements  for  various  U-  NII  operating  conditions.  For  example,  in  point-  to-  multi-  point  systems,  it  may  not  be  necessary  that 
 DFS  be  required  for  both  the  controlling  station  and  slaves  (e.  g.,  devices  designed  as  clients  only)  as  long  as  the  DFS  timing  requirements  are  met.  The  Notice  invites  comments  on  whither  DFS  should  be 
 applied  to  the  controlling  stations  (e.  g.,  Hub,  AP)  as  well  as  to  slaves. 
 The  Notice  also  proposes  to  require  a  transmit  power  control  (TPC)  mechanism  in  the  5.470-  5.725  GHz  band  to  further  reduce  the  potential  for  impact  on  EESS  and  SRS  operations.  TPC  is  a 
 feature  intended  to  adjust  the  transmitters  output  power  based  on  the  signal  level  at  the  receiver.  TPC  will  allow  the  transmitter  to  operate  at  less  than  the  maximum  power  for  most  of  the  time.  As  the  signal 
 level  at  the  receiver  rises  or  falls,  the  transmit  power  will  be  decreased  or  increased  as  needed.  Because  TPC  equipped  devices  adjust  their  transmit  power  to  the  minimum  necessary  to  achieve  the  desired 
 performance,  the  average  interference  power  from  a  large  number  of  devices  is  reduced,  the  power  consumption  is  minimized  and  network  capacity  is  increased.  The  Notice  seeks  comments  regarding 
 what  the  appropriate  triggering  mechanism  might  be  and  how  long  the  U-  NII  device  might  need  to  adjust  its  power?  It  also  asks  for  comments  on  the  necessity  of  requiring  all  U-  NII  devices  to  employ  TPC.  For 
 example,  in  some  point-  to-  multipoint  system  configurations,  U-  NII  devices  may  be  designed  to  function  only  with  a  particular  controller  or  hub.  Should  only  the  controlling  point  or  hub  be  required  to  employ 
 TPC  in  this  configuration?  Some  U-  NII  devices  will  be  designed  to  operate  with  a  maximum  e.  i.  r.  p.  below  what  the  rules  allow.  Should  these  devices  be  exempt  from  the  TPC  requirement? 


 The  Notice  seeks  comment  on  appropriate  test  procedures  needed  to  ensure  compliance  with  the  DFS  and  TPC  requirements  proposed  in  this  proceeding.  It  notes  that  the  operational  requirements  for 
 DFS  are  well  defined  in  the  applicable  industry  standards.  44  It  particularly  seeks  comment  on  means  by  which  devices  can  be  tested  for  compliance  with  TPC  requirements  to  implement  reduced  power  without 
 placing  unnecessary  restrictions  on  device  design.  It  also  seeks  comment  on  the  extent  to  which  devices  under  development  with  unique  and  novel  transmission  waveforms  may  require  special  measurement 
 instrumentation  settings  (e.  g.,  integration  times)  that  differ  from  those  used  for  measuring  compliance  for  existing  U-  NII  band  devices. 


 U-  NII  devices  currently  operate  in  the  5.250-  5.350  GHz  band  without  DFS  capability.  As  a  result,  some  period  of  time  will  be  needed  to  implement  the  new  DFS  requirement  for  U-  NII  equipment 
 operating  in  the  5.250-  5.350  GHz  band.  The  Notice  proposes  that  the  DFS  requirement  for  the  5.250-  5.350  GHz  band  effective  for  U-  NII  equipment  that  is  certified  after  one  year  from  the  date  of 
 publication  of  the  Report  and  Order  in  this  proceeding  in  the  Federal  Register.  It  also  proposes  to  require  that  all  U-  NII  devices  operating  in  the  5.250-  5.350  GHz  band  that  are  imported  or  shipped  in  interstate 
 commerce  on  or  after  three  years  from  the  date  the  adopted  rules  are  published  in  the  Federal  Register  comply  with  these  standards.  The  Commission  believes  that  most  affected  products  will  be  redesigned 
 within  this  three-  year  time  frame  and  that  compliance  with  this  proposal  would  not  cause  an  unreasonable  burden  on  industry.  Comments  are  requested  on  these  proposed  transition  provisions.  The  Notice 
 proposes  that  U-  NII  equipment  operating  in  the  new  spectrum  at  5.  470  5.725  GHz  meet  all  the  technical  requirements,  including  DFS  and  TPC,  on  the  effective  date  of  these  rules. 


 44  See  supra  note  36. 
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 B.  Legal  Basis. 
 This  action  is  taken  pursuant  to  Sections  1,  4,  301,  302(  a),  303,  307,  309,  316,  332,  334,  and  336  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  Sections  151,  154,  301,  302(  a),  303,  307,  309, 
 316,  332,  334,  and  336. 
 C.  Description  and  Estimate  of  the  Number  of  Small  Entities  to  Which  the  Proposed  Rules  Will  Apply. 


 The  RFA  directs  agencies  to  provide  a  description  of,  and,  where  feasible,  an  estimate  of  the  number  of  small  entities  that  may  be  affected  by  the  proposed  rules,  if  adopted.  45  The  RFA  defines  the  term 
 small  entity  as  having  the  same  meaning  as  the  terms  small  business,  small  organization,  and  small  business  concern  under  Section  3  of  the  Small  Business  Act.  46  Under  the  Small  Business  Act,  a  small 
 business  concern  is  one  that:  (1)  is  independently  owned  and  operated;  (2)  is  not  dominant  in  its  field  of  operations;  and  (3)  meets  may  additional  criteria  established  by  the  Small  Business  Administration  (SBA).  47 


 A  small  organization  is  generally  any  not-  for-  profit  enterprise  which  is  independently  owned  and  operated  and  is  not  dominant  in  its  field.  48  Nationwide,  as  of  1992,  there  were  approximately 
 275,801  small  organizations.  49  The  term  "small  governmental  jurisdiction"  is  defined  as  "governments  of  cities,  counties,  towns,  townships,  villages,  school  districts,  or  special  districts,  with  a  population  of  less 
 than  fifty  thousand."  50  As  of  1997,  there  were  approximately  87,  453  governmental  jurisdictions  in  the  United  States.  51  This  number  includes  39,044  counties,  municipal  governments,  and  townships,  of  which 
 27,546  have  populations  of  fewer  than  50,000  and  11,498  counties,  municipal  governments,  and  townships  have  populations  of  50,000  or  more.  Thus,  we  estimate  that  the  number  of  small  governmental 
 jurisdictions  is  approximately  75,955  or  fewer. 
 The  Commission  has  not  developed  a  definition  of  small  entities  applicable  to  unlicensed  communications  devices  manufacturers.  Therefore,  we  will  utilize  the  SBA  definition  application  to 
 manufacturers  of  Radio  and  Television  Broadcasting  and  Communications  Equipment.  According  to  the  SBA  regulations,  unlicensed  transmitter  manufacturers  must  have  750  or  fewer  employees  in  order  to 
 qualify  as  a  small  business  concern.  52  Census  Bureau  indicates  that  there  are  858  U.  S.  companies  that  manufacture  radio  and  television  broadcasting  and  communications  equipment,  and  the  778  of  these  firms 
 have  fewer  than  750  employees  and  would  be  classified  as  small  entities.  53  We  do  not  believe  this  action 


 45  See  U.  S.  C.    603(  b)(  3). 
 46  Id.    601(  3). 
 47  Id.    632. 
 48  5  U.  S.  C.    601(  4). 
 49  1992  Economic  Census,  U.  S.  Bureau  of  the  Census,  ,  Table  6  (special  tabulation  of  data  under  contract  to  Office 
 of  Advocacy  of  the  U.  S.  Small  Business  Administration).  50 
 5  U.  S.  C.    601(  5).  51 
 1995  Census  of  Governments,  U.  S.  Census  Bureau,  United  States  Department  of  Commerce,  Statistical  Abstract  of  the  United  States  (2000). 


 52  See  13  C.  F.  R.    121.201,  NAICS  Code  334220  (SIC  Code  3663).  Although  SBA  now  uses  the  NAICS 
 classifications,  instead  of  SIC,  the  size  standard  remains  the  same.  53 
 See  U.  S.  Dept.  of  Commerce,  1992  census  of  Transportation,  Communications  and  Utilities  (issued  May  1995),  SIC  category  3663  (NAICS  Code  334220). 
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 would  have  a  negative  impact  on  small  entities  that  manufacture  unlicensed  U-  NII  devices.  Indeed,  we  believe  the  actions  should  benefit  small  entities  because  it  should  make  available  increased  business 
 opportunities  to  small  entities.  We  request  comment  on  these  assessments. 
 D.  Description  of  Projected  Reporting,  Record  keeping  and  Other  Compliance  Requirements. 
 Part  15  transmitters  are  already  required  to  be  authorized  under  the  Commissions  certification  procedures  as  a  prerequisite  to  marketing  and  importation.  Under  the  proposals  in  the  Notice,  manufacturers 
 will  be  required  to  demonstrate  that  U-  NII  devices  operating  in  the  bands  5.250-  5.350  GHz  and  5.470-  5.725  GHz  have  Dynamic  Frequency  Selection  Capabilities.  Additionally,  U-  NII  devices  operating  in  the  5.  470- 
 5.725  GHz  band  must  exhibit  Transmit  Power  Control  capabilities.  The  reporting  and  recordkeeping  requirements  associated  with  these  equipment  authorizations  would  not  be  changed  by  the  rule  revisions 
 proposed  in  this  Notice. 
 E.  Steps  taken  to  Minimize  Significant  Economic  Impact  on  Small  Entities  and  Significant  Alternatives  Considered. 


 The  RFA  requires  an  agency  to  describe  any  significant  alternatives  that  it  has  considered  in  reaching  its  proposed  approach,  which  may  include  the  following  four  alternatives  (among  others):  (1)  the 
 establishment  of  differing  compliance  or  reporting  requirements  or  timetables  that  take  into  account  the  resources  available  to  small  entities;  (2)  the  clarification,  consolidation,  or  simplification  of  compliance  or 
 reporting  requirements  under  the  rule  for  small  entities;  (3)  the  use  of  performance,  rather  than  design,  standards;  and  (4)  an  exemption  from  coverage  of  the  rule,  or  any  part  thereof,  for  small  entities.  54 


 We  also  note  that  we  have  proposed  a  transition  period  for  the  U-  NII  devices,  operating  in  the  5.25-  5.35  GHz  band.  55  For  devices  equipped  with  DFS,  we  have  proposed  a  transition  period  of  one  year,  which 
 imported  equipment  or  equipment  shipped  in  interstate  comply  within  2  years.  We  seek  comment  on  these  time  frames,  and  especially  encourage  small  entities  to  comment  on  whether  alternative  deadlines  are  more 
 appropriate. 
 F.  Federal  Rules  that  May  Duplicate,  Overlap,  or  Conflict  with  the  Proposed  Rules. 
 None. 


 54  5  U.  S.  C.    603(  c). 
 55  See  paragraph  26,  Supra 
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 APPENDIX  B 
 (PROPOSED  RULES) 
 For  the  reasons  discussed  in  the  preamble,  the  Federal  Communications  Commission  proposes  to  amend  47  C.  F.  R.  parts  2  and  15  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,  302a,  303,  and  336,  unless  otherwise  noted. 
 2.  Section  2.106,  the  Table  of  Frequency  Allocations,  is  proposed  to  be  amended  by  revising  pages  56  and  57. 


   2.106  Table  of  Frequency  Allocations. 
 The  proposed  revisions  and  additions  read  as  follows: 
 *  *  *  *  * 
18
 Federal 
 Communications 


 Commission 


 FCC 
 03- 
 110 


 19 


 5150-  5250  AERONAUTICAL 
 RADIONAVIGATION  FIXED-  SATELLITE  (Earth-  to-  space)  5.447A  5.446  5.447  5.447B  5.447C 


 5.367 
 US211 


 US307 
 US344 


 US370 


 5150-  5250  AERONAUTICAL 
 RADIO- 
 NAVIGATION 
 US260 
 FIXED- 
 SATELLITE  (Earth-  to-  space)  5.447A  US344  5.447C  US211  US307 


 5250-  5255  EARTH 
 EXPLORATION-  SATELLITE 


 (active) 


 RADIOLOCATION  SPACE  RESEARCH 
 5.447D 
 5.448 
 5.448A  5255-  5350  EARTH  EXPLORATION- 


 SATELLITE 
 (active) 


 RADIOLOCATION  SPACE  RESEARCH 
 (active) 
 5.448 
 5.448A 


 5250-  5350  RADIOLOCATION 
 5.333 
 US110 
 G59 


 5250-  5350  Radiolocation 
 5.333 
 US110 


 Private 
 Land 
 Mobile 


 (90) 


 5350-  5460  EARTH 
 EXPLORATION-  SATELLITE 


 (active) 
 5.  448B 


 AERONAUTICAL 
 RADIONAVIGATION 


 5.449 


 Radiolocation 


 5350-  5460  AERONAUTICAL 
 RADIO- 
 NAVIGATION 
 5.449 
 RADIOLOCATION 


 G56 
 SPACE 
 RESEARCH 


 (active) 


 US48 


 5350-  5460  AERONAUTICAL 
 RADIO- 
 NAVIGATION 
 5.449 
 Radiolocation  Space  research 


 (active) 
 US48 


 Aviation 
 (87) 
 Private 
 Land 
 Mobile 


 (90) 


 5460-  5470  RADIONAVIGATION 
 5.449 
 Radiolocation 


 5460-  5470  EARTH 
 EXPLORATION-  SATELLITE  (active)  RADIOLOCATION  G56  RADIONAVIGATION  5.449  SPACE  RESEARCH  (active)  US49  US65 


 5460-  5470  RADIONAVIGATION 
 5.449 
 Radiolocation  Earth  exploration-  satellite  (active)  Space  research 
 (active) 
 US49 
 US65 


 Private 
 Land 
 Mobile 


 (90)  Page  56 
19
 Federal 
 Communications 


 Commission 


 FCC 
 03- 
 110 


 20 
 5470-  5570  MARITIME  RADIONAVIGATION  EARTH 


 EXPLORATION-  SATELLITE  (active).  RADIOLOCATION  G56  SPACE  RESEARCH  (active)  US50  US65 


 5470-  5570  MARITIME  RADIONAVIGATION  RADIOLOCATION  Earth 
 exploration-  satellite  (active)  Space  research  (active)  US50  US65 


 5470-  5650  MARITIME 
 RADIONAVIGATION  Radiolocation 


 5570-  5600  MARITIME  RADIONAVIGATION  RADIOLOCATION 
 G56 
 US50 
 US65 


 5570-  5600  MARTIME  RADIONAVIGATION  RADIOLOCATION  US50 
 US65 


 5.450 
 5.451 
 5.452 


 5600-  5650  MARITIME  RADIONAVIGATION  METEOROLOGICAL 
 AIDS 
 RADIOLOCATION 
 US51 
 G56 
 5.452 


 US65 


 5600-  5650  MARITIME  RADIONAVIGATION  METEOROLOGICAL 


 AIDS 
 RADIOLOCATION 
 US51 
 5.452 
 US65 


 Maritime 
 (80) 
 Private 
 Land 
 Mobile 


 (90) 


 5650-  5725  RADIOLOCATION  Amateur  Space 
 research 


 (deep 
 space) 


 5.282 
 5.451 
 5.453 
 5.454 
 5.455 


 5650-  5830  Amateur  5.150 
 5.282 


 5725-  5830  FIXED- 
 SATELLITE  (Earth-  to-  space)  RADIOLOCATION  Amateur  5.150  5.451  5.453  5.455  5.456 


 5725-  5830  RADIOLOCATION  Amateur  5.150 
 5.453 
 5.455 


 5830-  5850  FIXED- 
 SATELLITE  (Earth-  to-  space)  RADIOLOCATION  Amateur  Amateur-  satellite  (space-  to-  Earth)  5.150  5.451  5.453  5.455  5.456 


 5830-  5850  RADIOLOCATION  Amateur  Amateur- 
 satellite 
 (space-  to- 


 Earth) 


 5.150 
 5.453 
 5.455 


 5650-  5925  RADIOLOCATION 
 G2 
 5.150 
 US245 


 5830-  5850  Amateur  Amateur- 
 satellite 
 (space-  to- 


 Earth) 


 5.150 


 ISM 
 Equipment 


 (18) 


 Amateur 
 (97) 
 Page 
 57 
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 *  *  *  *  * 
 PART  15    RADIO  FREQUENCY  DEVICES 


 3.  The  authority  citation  for  part  15  continues  to  read  as  follows: 
 AUTHORITY:  47  U.  S.  C.  154,  302,  303,  304,  307  and  544A. 


 4.  Section  15.37  is  proposed  to  be  amended  by  adding  paragraph  (l),  to  read  as  follows: 
 15.37  Transition  provisions  for  compliance  with  the  rules. 
 ***** 
 (l)  U-  NII  Equipment  operating  in  the  5.25    5.  35  GHz  band  that  are  authorized  under  the  certification  procedure  on  or  after  [1  year  after  publication  of  R&  O  in  ET  Docket  No.  03-  122  in  the 
 Federal  Register]  shall  comply  with  the  DFS  requirement  specified  in  Section  15.407  of  this  part.  All  U-NII  Equipment  operating  in  the  5.25    5.35  GHz  band  that  are  manufactured  or  imported  on  or  after  [2 
 years  from  publication  of  R&  O  in  ET  Docket  No.  03-  122  in  the  Federal  Register]  shall  comply  with  the  DFS  requirement  specified  in  Section  15.407  of  this  part.  Equipment  authorized,  imported  or 
 manufactured  prior  to  these  dates  shall  comply  with  the  requirements  for  U-  NII  Equipment  operating  in  the  5.25-  5.35  GHz  band  that  were  in  effect  immediately  prior  to  [60  days  after  publication  of  R&  O  in 
 ET  Docket  No.  03-  122  in  the  Federal  Register]. 
 ***** 
 5.  Section  15.401  is  proposed  to  be  amended  as  follows: 
 15.401  Scope. 
 This  subpart  sets  out  the  regulations  for  unlicensed  National  Information  Infrastructure  (U-  NII)  devices  operating  in  the  5.15  -  5.35  GHz,  5.47  -  5.725  GHz  and  5.725  -  5.825  GHz  bands. 


 ***** 
 6.  Section  15.403  is  proposed  to  be  revised  to  read  as  follows: 
 15.403  Definitions. 
 (a)  Access  Point  (AP).  A  U-  NII  transceiver  that  operates  either  as  a  bridge  in  a  peer-  to-  peer  connection  or  as  a  connector  between  the  wired  and  wireless  segments  of  the  network. 


 (b)  Available  Channel.  A  radio  channel  on  which  a  Channel  Availability  Check  has  not  identified  the  presence  of  a  radar. 
 (c)  Average  Symbol  Envelope  Power.  The  average  symbol  envelope  power  is  the  average,  taken  over  all  symbols  in  the  signaling  alphabet,  of  the  envelope  power  for  each  symbol. 
21
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 (d)  Channel  Availability  Check.  A  check  during  which  the  U-  NII  device  listens  on  a  particular  radio  channel  to  identify  whether  there  is  a  radar  operating  on  that  radio  channel. 
 (e)  Channel  Move  Time.  The  time  needed  by  a  U-  NII  device  to  cease  all  transmissions  on  the  Operating  Channel  upon  detection  of  a  signal  above  the  DFS  detection  threshold.  Transmissions  during 
 this  period  will  consist  of  intermittent  management  and  control  signals  required  to  facilitate  vacating  the  Operating  Channel. 


 (f)  Digital  modulation.  The  process  by  which  the  characteristics  of  a  carrier  wave  are  varied  among  a  set  of  predetermined  discrete  values  in  accordance  with  a  digital  modulating  function  as 
 specified  in  document  ANSI  C63.17-  1998. 
 (g)  Dynamic  Frequency  Selection  (DFS)  is  a  mechanism  that  detects  signals  from  other  systems  and  avoids  co-  channel  operation  with  these  systems,  notably  radar  systems.  The  DFS  process  shall  be 
 required  to  provide  a  uniform  spreading  of  the  loading  over  all  the  available  channels. 
 (h)  DFS  Detection  Threshold.  The  required  detection  level  defined  by  detecting  a  received  signal  strength  (RSS)  that  is  greater  than  a  threshold  specified,  within  the  U-  NII  device  channel 
 bandwidth. 
 (i)  Emission  bandwidth.  For  purposes  of  this  subpart  the  emission  bandwidth  shall  be  determined  by  measuring  the  width  of  the  signal  between  two  points,  one  below  the  carrier  center 
 frequency  and  one  above  the  carrier  center  frequency,  that  are  26  dB  down  relative  to  the  maximum  level  of  the  modulated  carrier.  Determination  of  the  emissions  bandwidth  is  based  on  the  use  of  measurement 
 instrumentation  employing  a  peak  detector  function  with  an  instrument  resolution  bandwidth  approximately  equal  to  1.0  percent  of  the  emission  bandwidth  of  the  device  under  measurement. 


 (j)  In-  Service  Monitoring.  Monitoring  of  the  Operating  Channel  to  check  that  a  co-  channel  radar  has  not  moved  or  started  operation  within  range  of  the  U-  NII  device. 
 (k)  Non-  Occupancy  Period.  The  required  period  in  which,  once  a  channel  has  been  recognized  as  containing  a  radar  signal  by  a  U-  NII  device,  the  channel  will  not  be  selected  as  an  available  channel. 
 (l)  Operating  Channel.  Once  a  U-  NII  device  starts  to  operate  on  an  Available  Channel  then  that  channel  becomes  the  Operating  Channel. 
 (m)  Peak  Power  Spectral  Density.  The  peak  power  spectral  density  is  the  maximum  power  spectral  density,  within  the  specified  measurement  bandwidth,  within  the  U-  NII  device  operating  band. 
 (n)  Peak  Transmit  Power.  The  maximum  transmit  power  as  measured  over  an  interval  of  time  of  at  most  30/  B  (where  B  is  the  26  dB  emission  bandwidth  of  the  signal  in  hertz)  or  the  transmission  pulse 
 duration  of  the  device,  whichever  is  less,  under  all  conditions  of  modulation. 
 (o)  Power  Spectral  Density.  The  power  spectral  density  is  the  total  energy  output  per  unit  bandwidth  from  a  pulse  or  sequence  of  pulses  for  which  the  transmit  power  is  at  its  peak  or  maximum 
 level,  divided  by  the  total  duration  of  the  pulses.  This  total  time  does  not  include  the  time  between  pulses  during  which  the  transmit  power  is  off  or  below  its  maximum  level. 


 (p)  Pulse.  A  pulse  is  a  continuous  transmission  of  a  sequence  of  modulation  symbols,  during  which  the  average  symbol  envelope  power  is  constant. 
22
 Federal  Communications  Commission  FCC  03-  110 
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 (q)  RLAN.  Radio  Local  Area  Network. 
 (r)  Transmit  Power.  The  total  energy  transmitted  over  a  time  interval  of  at  most  30/  B  (where  B  is  the  26  dB  emission  bandwidth  of  the  signal  in  hertz)  or  the  duration  of  the  transmission  pulse, 
 whichever  is  less,  divided  by  the  interval  duration. 
 (s)  Transmit  Power  Control  (TPC).  A  feature  that  enables  a  U-  NII  device  to  dynamically  switch  between  several  transmission  power  levels  in  the  data  transmission  process. 


 (t)  U-  NII  devices.  Intentional  radiators  operating  in  the  frequency  bands  5.  15  -  5.  35  GHz  and  5.470  -  5.  825  GHz  that  use  wideband  digital  modulation  techniques  and  provide  a  wide  array  of  high  data 
 rate  mobile  and  fixed  communications  for  individuals,  businesses,  and  institutions. 


 7.  Section  15.407  is  proposed  to  be  amended  by  revising  paragraphs  (a)(  2)  and  (b)(  4)-(  7)  by  adding  a  new  paragraph  (b)(  3),  and  redesignating  paragraphs  (b)(  3)-(  6)  as  paragraphs  (b)(  4)-(  7),  and  by  adding 
 paragraph  (h)  to  read  as  follows: 
 ***** 
 15.407  General  Technical  Requirements. 


 (a)  Power  limits: 
 ***  (2)  For  the  5.  25-  5.35  GHz  and  5.47-  5.725  GHz  bands,  the  peak  transmit  power  over  the  frequency 
 bands  of  operation  shall  not  exceed  the  lesser  of  250  mW  or  11  dBm  +  10log  B,  where  B  is  the  26  dB  emission  bandwidth  in  megahertz.  In  addition,  the  peak  power  spectral  density  shall  not  exceed  11  dBm 
 in  any  1  megahertz  band.  If  transmitting  antennas  of  directional  gain  greater  than  6  dBi  are  used,  both  the  peak  transmit  power  and  the  peak  power  spectral  density  shall  be  reduced  by  the  amount  in  dB  that 
 the  directional  gain  of  the  antenna  exceeds  6  dBi. 
 ***** 
 (b)  Undesirable  Emission  Limits: 
 *** 
 (3)  For  transmitters  operating  in  the  5.47-  5.725  GHz  band:  all  emissions  outside  of  the  5.47-  5.725  GHz  band  shall  not  exceed  an  EIRP  of  -27  dBm/  MHz. 


 ***** 
 (h)  Transmit  Power  Control  (TPC)  and  Dynamic  Frequency  Selection  (DFS). 


 1)  Transmit  power  control  (TPC).  U-  NII  devices  operating  in  the  5.47-  5.725  GHz  band  shall  employ  a  TPC  mechanism.  The  U-  NII  device  is  required  to  have  the  capability  to  operate  at  least  6  dB  below 
 the  mean  EIRP  value  of  30  dBm. 
23
 Federal  Communications  Commission  FCC  03-  110 
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 2)  Dynamic  Frequency  Selection  (DFS).  U-  NII  devices  operating  in  the  5.25-  5.35  GHz  and  5.47-  5.725  GHz  bands  shall  employ  a  DFS  mechanism  to  detect  the  presence  of  radar  systems  and  to  avoid  co-channel 
 operation  with  radar  systems.  The  minimum  DFS  detection  threshold  for  devices  with  a  maximum  e.  i.  r.  p.  of  200  mW  to  1  W  is  -64  dBm.  For  devices  that  operate  with  less  than  200  mW 
 e.  i.  r.  p.  the  minimum  detection  threshold  is  -62  dBm.  The  detection  threshold  is  the  received  power  averaged  over  1  microsecond  referenced  to  a  0  dBi  antenna. 


 a)  Operational  Modes.  The  DFS  requirement  applies  to  the  following  operational  modes: 
 i)  The  requirement  for  channel  availability  check  time  applies  in  the  master  operational  mode.  ii)  The  requirement  for  channel  move  time  applies  in  both  the  master  and  slave  operational 
 modes. 
 b)  Channel  Availability  Check  Time.  A  U-  NII  device  shall  check  if  there  is  a  radar  system  already  operating  on  the  channel  before  it  can  initiate  a  transmission  on  a  channel  and  when  it  has  to 
 move  to  a  new  channel.  The  U-  NII  device  may  start  using  the  channel  if  no  radar  signal  with  a  power  level  greater  than  the  interference  threshold  values  listed  above  is  detected  within  60 
 seconds. 
 c)  Channel  Move  Time.  After  a  radars  presence  is  detected,  all  transmissions  shall  cease  on  the  operating  channel  within  10  seconds.  Transmissions  during  this  period  will  consist  of  normal 
 traffic  for  typically  less  than  100  ms  and  a  maximum  of  200ms  after  detection  of  the  radar  signal.  In  addition,  intermittent  management  and  control  signals  can  be  sent  during  the  remaining  time  to 
 facilitate  vacating  the  operating  channel.  The  aggregate  time  of  the  intermittent  management  and  control  signals  are  typically  less  than  20  ms. 


 d)  Non-  occupancy  Period.  A  channel  that  has  been  flagged  as  containing  a  radar  system,  either  by  a  channel  availability  check  or  in-  service  monitoring,  is  subject  to  a  non-  occupancy  period  of  at 
 least  30  minutes.  The  non-  occupancy  period  starts  at  the  time  when  the  radar  system  is  detected. 
 ***** 
24
 Federal  Communications  Commission  FCC  03-  110 
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 SEPARATE  STATEMENT  OF  CHAIRMAN  MICHAEL  K.  POWELL 
 Re:  Revisions  to  Parts  2  and  15  of  the  Commissions  Rules  to  Permit  Unlicensed  National  Information  Infrastructure  (U-  NII)  Devices;  Notice  of  Proposed  Rulemaking;  ET  Docket  No.  03-  122. 
 Our  action  today  furthers  twin  goals  of  the  Spectrum  Policy  Task  Force:  promoting  spectrum  access  and  furthering  development  of  unlicensed  technologies.  Once  the  backwater  of  baby  monitors  and 
 cordless  telephones,  the  unlicensed  sector  has  developed  into  a  hotbed  of  growth  and  innovation.  Earlier  this  week,  I  was  privileged  to  see  first-  hand  the  fruits  of  this  entrepreneurial  activity  at  the  Wireless 
 Innovations  Technology  Showcase  sponsored  by  the  Commerce  and  State  Departments  and  the  FCC.  The  innovators  on  display  at  the  Showcase  are  eager  to  run  in  new  spectrum  pastures    today  we  open  a 
 large  new  field  for  these  thoroughbreds  of  innovation. 
 The  Notice  proposes  to  make  available  an  additional  255  MHz  of  spectrum  for  unlicensed  use    nearly  doubling  the  amount  of  spectrum  available  for  unlicensed  operations  in  the  5  GHz  band. 
 Moreover,  we  propose  to  forego  exclusive-  use  licensing,  allowing  market  forces  to  determine  how  the  band  will  be  used,  and  providing  potential  users  the  greatest  possible  flexibility. 


 The  Commissions  action  would  not  be  possible  without  the  assiduous  efforts  of  our  colleagues  at  NTIA  and  the  Department  of  Defense.  Assistant  Secretary  Victory  and  Deputy  Assistant  Secretary  Price 
 demonstrated  exceptional  leadership  in  negotiating  a  compromise  that  will  allow  unlicensed  devices  and  military  radars  to  share  the  5  GHz  band.  In  this  regard,  our  Office  of  Engineering  and  Technology,  our 
 International  Bureau  and  the  commercial  interests  in  this  band  also  deserve  particular  credit  for  shaping  the  compromise  that  is  before  us  today. 


 Our  work  is  not  yet  complete,  however.  Our  proposal  does  create  the  possibility  of  aligning  the  frequency  bands  used  for  U-  NII  devices  domestically  with  those  in  other  parts  of  the  world,  creating  the 
 potential  for  economies  of  scale  for  equipment  manufacturers  and  a  declining  cost  structure  for  consumers.  But  global  harmonization  is  not  yet  a  reality.  That  task  falls  to  Ambassador  Obuchowski  and 
 her  fine  WRC  team,  including  Commissioners  Copps  and  Abernathy.  I  am  optimistic  about  the  prospects  for  global  harmonization  and  look  forward  to  working  with  the  delegation  to  move  us  closer  to  the  dawn 
 of  a  new  era  of  unlicensed  wireless  innovation  at  5.8  GHz. 
25
 Federal  Communications  Commission  FCC  03-  110 
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 SEPARATE  STATEMENT  OF  COMMISSIONER  KATHLEEN  Q.  ABERNATHY 
 Re:  Revision  of  Parts  2  and  15  of  the  Commissions  Rules  to  Permit  Unlicensed  National  Infrastructure  (U-  NII)  Devices,  Notice  of  Proposed  Rulemaking  ET  Docket  No.  03-  122. 
 I  believe  that  this  NPRM  serves  two  very  important  goals.  First,  it  begins  the  process  of  making  available  an  additional  255  MHz  of  spectrum  for  the  growth  and  development  of  unlicensed  wireless 
 broadband  networks  on  a  harmonized  basis.  Second,  it  is  an  example  of  the  Commissions  commitment  to  move  swiftly  when  acting  on  items  of  national  importance  that  are  addressed  at  the  World 
 Radiocommunications  Conference  (WRC). 
 More  specifically,  I  believe  that  this  item  promotes  the  deployment  of  broadband  services  via  wi-fi  technology.  This  will  prove  tremendously  valuable  in  promoting  the  core  statutory  goals  of  broadband 
 deployment  and  facilities-  based  competition.  As  I  have  previously  stated,  the  true  key  to  achieving  Congresss  objective  of  a  deregulatory  and  procompetitive  framework  lies  in  moving  beyond  duopoly 
 towards  a  world  where  multiple  facilities-  based  providers  compete  in  the  broadband  arena.  Examining  the  provision  of  additional  spectrum  for  RLANs  holds  great  promise  in  bringing  us  closer  towards 
 fulfillment  of  that  goal. 
 There  is  also  significant  benefit  to  internationally  harmonizing  unlicensed  bands  where  practicable  and  where  it  is  in  the  public  interest.  Unlicensed  bands  may  be  able  to  benefit  from  the  scale 
 and  scope  that  international  harmonization  can  provide.  Therefore,  in  this  NRPM  the  FCC  is  proposing  to  provide  access  to  spectrum  for  RLANs  in  frequency  bands  that  are  consistent  with  use  in  other  parts  of 
 the  world.  The  ability  of  U.  S.  manufacturers  to  capture  the  synergies  of  developing  equipment  in  these  frequency  bands  on  a  global  basis  should  result  in  lower  costs  to  consumers  and  the  availability  of 
 increasingly  innovative  equipment. 
 Finally,  I  would  like  to  applaud  the  staff  for  moving  so  quickly  on  this  item.  By  issuing  this  NPRM  prior  to  the  commencement  of  the  2003  WRC,  the  Commission  will  be  in  a  position  to  move 
 quickly  on  a  final  order  following  the  conclusion  of  the  Conference.  I  look  forward  to  working  on  this  issue  while  attending  the  WRC  in  Geneva. 
26
 Federal  Communications  Commission  FCC  03-  110 
 27 
 JOINT  STATEMENT  OF  COMMISSIONERS  MICHAEL  J.  COPPS  AND  KEVIN  J.  MARTIN 
 Re:  Revision  of  Parts  2  and  15  of  the  Commissions  Rules  to  Permit  Unlicensed  National  Information  Infrastructure  (U-  NII)  Devices;  Notice  of  Proposed  Rulemaking,  ET  Docket  No.  03-  122. 
 We  would  like  to  commend  the  Bureau  for  making  new  spectrum  available  for  unlicensed  services.  This  item  reflects  the  important  agreement  reached  between  NTIA,  DOD,  NASA,  the  FCC,  and 
 various  industry  groups  including  the  Wi-  Fi  alliance.  The  underlying  agreement  demonstrates  that  hard  work  and  public-  private  sector  cooperation  can  achieve  great  results. 


 Unlicensed  services  are  already  demonstrating  their  great  potential  for  consumers  in  other  bands,  from  cordless  phones  to  wireless  broadband  connections,  such  as  802.11b  and  Bluetooth..  We  are 
 particularly  excited  about  the  use  of  unlicensed  networking  devices  to  serve  rural  America.  We  have  now  moved  well  beyond  demonstration  projects,  and  unlicensed  networks  are  bringing  broadband  access  to 
 places  that  other  services  have  left  behind.  We  are  also  hopeful  that  unlicensed  operations  will,  as  some  have  suggested,  eventually  provide  a  last-  mile  application  to  connect  peoples  homes  to  the  Internet, 
 offering  a  real  alternative  to  telephone  wires,  cable,  and  satellite  connections. 
 Finally,  we  want  to  note  that  this  item  will  give  the  American  delegation  to  the  WRC  an  important  tool  in  promoting  these  and  other  wireless  applications  around  the  globe.  Thank  you  for  your 
 hard  work. 
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 Federal  Communications  Commission  FCC  03-  110 
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 SEPARATE  STATEMENT  OF  COMMISSIONER  JONATHAN  S.  ADELSTEIN 
 Re:  Revision  of  Parts  2  and  15  of  the  Commissions  Rules  to  Permit  Unlicensed  National  Information  Infrastructure  (U-  NII)  Devices;  Notice  of  Proposed  Rulemaking;  ET  Docket  No.  03-  122. 
 The  evolution  of  unlicensed  wireless  devices  over  the  past  decade  has  been  amazing.  What  was  once  the  province  of  garage  door  openers,  baby  monitors,  and  cordless  phones  now  is  also  the  home  of 
 wireless  LANs,  hotspots,  and  cyber  cafs. 
 I  support  this  item  because  it  continues  the  Commissions  effort  to  promote  the  development  of  unlicensed  devices  and  services.  The  tremendous  growth  of  WiFi  in  the  2.4  GHz  band  was  facilitated  by 
 the  licensing  (or  more  appropriately  the  unlicensing)  approach  initially  adopted  by  the  Commission  for  this  band.  Our  unlicensed  service  rules  allow  manufacturers  to  develop  technologies  that  anyone  can  use 
 without  a  license.  In  proposing  to  add  spectrum  in  the  5.8  GHz  band  for  unlicensed  use,  we  must  continue  this  regulatory  approach  so  that  we  encourage  as  many  avenues  as  possible  for  broadband  and 
 other  important  services  to  reach  consumers,  no  matter  where  they  live. 
 My  goal  as  a  policymaker  is  to  maximize  the  services  and  information  that  flow  over  our  airwaves.  A  regulatory  framework  for  innovation  can  provide  the  necessary  conditions  that  support  the 
 growth  and  development  of  spectrum-  based  services,  including  future  use  of  the  5.8  GHz  band.  Such  a  framework  functions  in  a  manner  akin  to  a  greenhouse,  in  which  plants  are  protected  from  the  elements 
 by  a  structure  and  are  nurtured  so  that  they  can  thrive  on  their  own  within  it. 
 I  believe  that  in  the  NPRM  adopted  today,  the  Commission  properly  strives  for  such  an  approach  to  spectrum  management.  We  want  to  build  a  structure  that  encourages  the  growth  of  the  unlicensed 
 industries,  but  also  controls  the  elements,  like  harmful  interference  that  may  impact  incumbent  operators.  The  issue  of  harmful  interference  is  so  important  in  this  case  because  of  the  existing  use  of  the  255 
 megahertz  by  Department  of  Defense  radar  systems.  I  applaud  all  of  the  parties  who  were  involved  in  preparing  the  US  position  on  Agenda  Item  1.5  at  next  months  World  Radiocommunications  Conference, 
 which  also  serves  as  blueprint  for  this  NPRM. 
 Just  as  a  greenhouse  can  support  different  types  of  plant  forms,  our  framework  for  the  U-  NII  bands  must  do  the  same    it  must  be  flexible  enough  to  accommodate  all  different  kinds  of  technologies. 
 Our  framework  should  not  choose  which  technology  will  survive,  and  which  will  not,  but  it  must  create  an  environment  that  allows  the  different  seeds  of  technology  to  truly  have  an  opportunity  to  grow  and 
 develop  on  their  own.  I  believe  that  we  have  proposed  such  an  approach  here,  and  I  am  optimistic  that  our  framework  for  innovation  will  enable  new  technologies  in  the  unlicensed  space  to  meet  the  publics 
 demand  for  broadband  more  efficiently. 
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