31190 Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Rules and Regulations 

TABLE 1.—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued 

Facility Address Waste description 

(d) If after 30 days Ford presents no further information, the Regional Administrator will issue a final written determination describing the Agency 

actions that are necessary to protect human health or the environment. 

Any required action described in the Regional Administrator’s determination shall become effective immediately, unless the Regional Administrator provides otherwise. 

* * * * * * * 

[FR Doc. E7–10854 Filed 6–5–07; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 2 

[ET Docket No. 03–108; FCC 07–66] 

Cognitive Radio Technologies and 

Software Defined Radios 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: This document responds to 

two petitions concerning the rules 

adopted in the Report and Order in this 

proceeding (‘‘Cognitive Radio Report 

and Order’’). The Commission granted a 

petition for clarification filed by Cisco 

Systems, Inc. (‘‘Cisco’’) requesting that 

the Commission clarify the requirement 

to approve certain devices as software 

defined radios, and its policy on the 

confidentiality of software that controls 

security measures in software defined 

radios. The Commission also granted in 

part and denied in part a petition for 

reconsideration filed by Marcus 

Spectrum Solutions (‘‘MSS’’) requesting 

that the Commission clarify the rules 

concerning the submission of radio 

software source code, clarify the rules 

concerning the certification of software 

defined amateur radio equipment, and 

initiate a further proceeding to adopt 

regulatory requirements for high-power, 

high-speed digital-to-analog (D/A) 

converters. 

DATES: Effective July 6, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Hugh Van Tuyl, Policy and Rules 

Division, Office of Engineering and 

Technology, (202) 418–7506, e-mail: 

Hugh.VanTuyl@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

Memorandum Opinion and Order, ET 

Docket No. 03–108, FCC 07–66, adopted 

April 20, 2007 and released April 25, 

2007. The full text of this document is 

available on the Commission’s Internet 

site at http://www.fcc.gov. It is also 

available for inspection and copying 

during regular business hours in the 

FCC Reference Center (Room CY–A257), 

445 12th Street, SW., Washington, DC 

20554. The full text of this document 

also may be purchased from the 

Commission’s duplication contractor, 

Best Copy and Printing Inc., Portals II, 

445 12th St., SW., Room CY–B402, 

Washington, DC 20554; telephone (202) 

488–5300; fax (202) 488–5563; e-mail 

FCC@BCPIWEB.COM. 

Summary of the Memorandum Opinion 

and Order 

1. On March 17, 2005, the 

Commission adopted the Cognitive 

Radio Report and Order 70 FR 23032, 

May 4, 2005, in which it modified the 

rules to reflect ongoing technical 

developments in cognitive and software 

defined radio technologies. In response 

to the Cognitive Radio Report and 

Order, Cisco and MSS each filed a 

petition seeking reconsideration or 

clarification of various aspects of the 

Commission’s decisions in the Cognitive 

Radio Report and Order. The 

Information Industry Technology 

Council (‘‘ITI’’) filed comments in 

opposition of MSS’ petition. No 

comments were filed in response to 

Cisco’s petition. In response to the two 

petitions concerning the rules adopted 

in the Cognitive Radio Report and Order 

in this proceeding, the Commission 

granted the petition for clarification 

filed by Cisco Systems, Inc. (‘‘Cisco’’) 

requesting that the Commission clarify: 

(1) The requirement to approve certain 

devices as software defined radios, and 

(2) its policy on the confidentiality of 

software that controls security measures 

in software defined radios. The 

Commission also granted in part and 

denied in part a petition for 

reconsideration filed by Marcus 

Spectrum Solutions (‘‘MSS’’) requesting 

that the Commission (1) Clarify the rules 

concerning the submission of radio 

software source code, (2) clarify the 

rules concerning the certification of 

software defined amateur radio 

equipment, and (3) initiate a further 

proceeding to adopt regulatory 

requirements for high-power, highspeed digital-to-analog (D/A) converters. 

2. In the Cognitive Radio Report and 

Order, the Commission modified the 

rules to require that radios in which the 

software is designed or expected to be 

modified by a party other than the 

manufacturer be certified as software 

defined radios. To minimize the filing 

burden on manufacturers, this 

requirement was narrowly tailored to 

affect only those radios where the 

software can be modified by a party 

other than the manufacturer because 

such radios pose a higher risk of 

interference to authorized radio 

services. The definition of software 

defined radio (SDR) is intentionally 

broad, while the category of equipment 

that is required to be certified as SDRs 

is intentionally narrow. The 

Commission agrees with Cisco that a 

reading of the definition of SDR in the 

rules by itself may give the incorrect 

impression that more devices must be 

certified as SDRs than the rules 

intended to require. The Commission 

finds that the appropriate solution to 

Cisco’s concern is to add an additional 

sentence following the definition of SDR 

to indicate the class of radios that must 

be certified as SDRs. It therefore clarifies 

the rules by adding the following 

statement to the definition of SDR: ‘‘In 

accordance with § 2.944 of this part, 

only radios in which the software is 

designed or expected to be modified by 

a party other than the manufacturer and 

would affect the listed operating 

parameters or circumstances under 

which the radio transmits must be 

certified as software defined radios.’’

This action clarifies the intent of the 

rules adopted in the Cognitive Radio 

Report and Order. 

3. With regard to Cisco’s second 

request, the Commission recognizes that 

some manufacturers may wish to use 

open source software (e.g., GNU/Linux) 

in developing SDRs. The use of such 

software may have advantages for 

manufacturers such as lower cost and 

decreased product development time. 


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Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Rules and Regulations 31191 

1The RFA, see 5 U.S.C. 601–612, has been 

amended by the Small Business Regulatory 

Enforcement Fairness Act of 1996 (SBREFA), Public 

Law 104–121, Title II, 110 Stat. 857 (1996). 

2 5 U.S.C. 605(b). 

3 5 U.S.C. 601(6). 

4 5 U.S.C. 601(3) (incorporating by reference the 

definition of ‘‘small business concern’’ in the Small 

Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C. 

601(3), the statutory definition of a small business 

applies ‘‘unless an agency, after consultation with 

the Office of Advocacy of the Small Business 

Administration and after opportunity for public 

comment, establishes one or more definitions of 

such term which are appropriate to the activities of 

the agency and publishes such definition(s) in the 

Federal Register.’’

5See 5 U.S.C. 801(a)(1)(A). 

6See 5 U.S.C. 605(b). 

However, as Cisco notes, open source 

software may be subject to licensing 

agreements that require the party 

modifying the code to make the source 

code publicly available. The 

Commission did not address the 

possibility of manufacturers using open 

source software to implement security 

measures. However, it recognizes that 

hardware and software security 

measures that interact with the open 

source software need not be subject to 

an open source agreement. The 

Commission hereby states that it is its 

policy, consistent with the intent of 

Cognitive Radio Report and Order and 

Cisco’s request, that manufacturers 

should not intentionally make the 

distinctive elements that implement that 

manufacturer’s particular security 

measures in a software defined radio 

public, if doing so would increase the 

risk that these security measures could 

be defeated or otherwise circumvented 

to allow operation of the radio in a 

manner that violates the Commission’s 

rules. A system that is wholly 

dependent on open source elements will 

have a high burden to demonstrate that 

it is sufficiently secure to warrant 

authorization as a software defined 

radio. 

4. In response to the MSS petition for 

reconsideration, the Commission 

clarifies that in the event that questions 

arise about the compliance of a 

particular device, its staff has the 

authority to request and examine any 

component, whether software or 

hardware, of a radio system when 

needed for certification under 

Commission rules. The manufacturer 

could request that the Commission hold 

the information confidential, and the 

Commission would generally grant such 

a request absent a compelling reason 

otherwise. The Commission expects that 

requests for software source code would 

be extremely rare. It would not be 

burdensome for a manufacturer to 

request confidentiality for software 

source code, and the Commission finds 

there is no need to modify the 

confidentiality rules to address a 

specific class of information that would 

be requested only infrequently. 

5. The Commission declines to take 

any actions with respect to regulating 

the marketing of certain types of D/A 

converters. MSS does not demonstrate 

any current need for regulation of D/A 

converters. It admits that the types of 

D/A converters that it is concerned 

about are not presently on the market, 

and that it is not aware of any 

discussions about the possible 

marketing of these types of D/A 

converters. The Commission therefore 

finds that MSS’ concerns about possible 

misuse of equipment not available now 

or in the foreseeable future are 

premature, speculative, and not a basis 

for initiating a further rule making 

proceeding at this time. 

6. In regard to MSS’ request for 

clarification about the regulatory 

treatment of amateur radio equipment, 

the Commission did not intend to 

impose any new certification 

requirements for amateur radio 

equipment in the Cognitive Report and 

Order. External RF amplifiers that 

operate below 144 MHz that are 

marketed for use with amateur stations 

will continue to require certification 

before they can be marketed. Other 

amateur radio equipment, including 

equipment that meets the definition of 

a software defined radio and that has 

software that is designed or expected to 

be modified by a party other than the 

manufacturer, will continue to be 

exempt from a certification requirement. 

However, as the Commission noted in 

the Cognitive Report and Order, certain 

unauthorized modifications of amateur 

transmitters are unlawful. It may revisit 

the issue of the certification of amateur 

equipment with software modifiable 

features as identified above in the future 

if misuse of such devices results in 

significant interference to authorized 

spectrum users. 

Procedural Matters 

7. Final Regulatory Flexibility 

Certification. The Regulatory Flexibility 

Act of 1980, as amended (RFA),1

requires that a regulatory flexibility 

analysis be prepared for rulemaking 

proceedings, unless the agency certifies 

that ‘‘the rule will not have a significant 

economic impact on a substantial 

number of small entities.’’ 2 The RFA 

generally defines the term ‘‘small 

entity’’ as having the same meaning as 

the terms ‘‘small business,’’ ‘‘small 

organization,’’ and ‘‘small governmental 

jurisdiction.’’ 3 In addition, the term 

‘‘small business’’ has the same meaning 

as the term ‘‘small business concern’’

under the Small Business Act.4 A small 

business concern is one which: (1) Is 

independently owned and operated; (2) 

is not dominant in its field of operation; 

and (3) satisfies any additional criteria 

established by the Small Business 

Administration. 

8. In the Cognitive Radio Report and 

Order, the Commission expanded the 

definition of software defined radio 

(SDR) to include radios in which 

software can control the circumstances 

under which the radio operates in 

accordance with the Commission’s 

rules. This broad definition covers both 

radios that have software embedded on 

chips or implemented in other ways so 

that the software cannot be readily 

changed by the user, as well as radios 

that are designed so the software can be 

easily changed after manufacture. In the 

Cognitive Radio Report and Order, the 

Commission also modified the rules to 

require that a radio be approved as an 

SDR if the software that controls the 

operating parameters or the 

circumstances under which it transmits 

is designed or expected to be modified 

by a party other than the manufacturer. 

This requirement applies to only a 

narrow subset of radios that meet the 

definition of SDR. A Final Regulatory 

Flexibility Analysis was incorporated in 

the Cognitive Radio Report and Order. 

Following publication of the Cognitive 

Radio Report and Order, Cisco filed its 

petition seeking clarification of which 

radios require certification as SDRs. In 

the Memorandum Opinion and Order, 

the Commission amended the definition 

of SDR to reference the requirements 

concerning which radios must be 

certified as SDRs. This change clarifies 

the rules adopted in the Cognitive Radio 

Report and Order and does not modify 

any compliance requirements. For this 

reason, this change will not result in a 

‘‘significant economic burden’’ on 

manufacturers. Therefore, we certify 

that the amendments included in the 

Memorandum Opinion and Order will 

not have a significant economic impact 

on a substantial number of small 

entities. 

9. The Commission will send a copy 

of the Memorandum Opinion and 

Order, including a copy of this final 

certification, in a report to Congress 

pursuant to the Congressional Review 

Act.5 In addition, the Memorandum 

Opinion and Order and this certification 

will be sent to the Chief Counsel for 

Advocacy of the Small Business 

Administration, and will be published 

in the Federal Register.6

10. This document does not contain 

any information collection requirements 


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31192 Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Rules and Regulations 

subject to the Paperwork Reduction Act 

of 1995 (PRA), Public Law 104–13. 

Ordering Clauses 

11. Pursuant to the Section 1, 4, 301, 

302(a), and 303, of the Communications 

Act of 1934, as amended, 47 U.S.C. 151, 

154, 301, 302(a), and 303, the 

Memorandum Opinion and Order is 

adopted, and part 2 of the Commission’s 

Rules is amended as specified in the 

attached appendix, and will become 

effective 30 days after publication in the 

Federal Register. 

12. The petition for clarification filed 

by Cisco Systems, Inc. is hereby granted. 

This action is taken pursuant to the 

authority contained in Sections 4(i), 

301, 302, 303(e), 303(f), and 303(r) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. Sections 154(i), 301, 

302, 303(e), 303(f), and 303(r). 

13. The petition for reconsideration 

filed by Marcus Spectrum Solutions is 

hereby granted in part and denied in 

part. This action is taken pursuant to the 

authority contained in Sections 4(i), 

301, 302, 303(e), 303(f), and 303(r) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. Sections 154(i), 301, 

302, 303(e), 303(f), and 303(r). 

14. The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

the Memorandum Opinion and Order, 

including the Final Regulatory 

Flexibility Certification, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

List of Subjects in 47 CFR Part 2 

Communications equipment, Radio, 

Reporting, and recordkeeping 

requirements. 

Federal Communications Commission. 

William F. Caton, 

Deputy Secretary. 

Final Rule 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 2 to 

read 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. 

Section 2.1(c) is amended by revising 

the definition of ‘‘software defined 

radio’’ to read as follows: 

§ 2.1 Terms and definitions. 

* * * * * 

(c) * * * 

Software defined radio. A radio that 

includes a transmitter in which the 

operating parameters of frequency 

range, modulation type or maximum 

output power (either radiated or 

conducted), or the circumstances under 

which the transmitter operates in 

accordance with Commission rules, can 

be altered by making a change in 

software without making any changes to 

hardware components that affect the 

radio frequency emissions. In 

accordance with § 2.944 of this part, 

only radios in which the software is 

designed or expected to be modified by 

a party other than the manufacturer and 

would affect the above-listed operating 

parameters or circumstances under 

which the radio transmits must be 

certified as software defined radios. 

* * * * * 

[FR Doc. 07–2684 Filed 6–5–07; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 20 and 80 

[WT Docket No. 04–257; FCC 07–87] 

Maritime Communications 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission or FCC) amends its rules 

to afford licensees of VHF Public Coast 

(VPC) stations and Automated Maritime 

Telecommunications System (AMTS) 

stations additional operational 

flexibility to provide service to units on 

land. Specifically, the Commission 

adopts rule changes to permit VPC and 

AMTS licensees to offer private 

correspondence service to units on land, 

i.e., private land mobile radio (PLMR) 

service, in addition to the public 

correspondence service they already are 

authorized to provide to units on land. 

These rule amendments will enable VPC 

and AMTS licensees to compete more 

effectively against other commercial 

mobile radio service providers; facilitate 

more efficient use of VPC and AMTS 

spectrum; and provide an additional 

means to meet growing demand for 

spectrum by PLMR licensees and end 

users, including public safety and 

critical infrastructure industry entities. 

The Commission also believes that the 

core purpose for which these 

frequencies have been allocated is to 

serve the communications needs of 

marine vessels, especially with respect 

to communications in support of the 

safety of life and property at sea and on 

inland waterways. 

DATES: Effective July 6, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Tobias, Jeff.Tobias@FCC.gov, 

Mobility Division, Wireless 

Telecommunications Bureau, (202) 418–

1617, or TTY (202) 418–7233. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Federal 

Communications Commission’s Report 

and Order in WT Docket No. 04–257 

(Report and Order), FCC 07–87, adopted 

on May 9, 2007, and released on May 

10, 2007. The full text of this document 

is available for inspection and copying 

during normal business hours in the 

FCC Reference Center, 445 12th Street, 

SW., Washington, DC 20554. The 

complete text may be purchased from 

the Commission’s copy contractor, Best 

Copy and Printing, Inc., 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20554. The full text may also be 

downloaded at: http://www.fcc.gov. 

Alternative formats are available to 

persons with disabilities by sending an 

e-mail to fcc504@fcc.gov or by calling 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202–

418–0432 (tty). 

1. The Report and Order addresses 

issues raised in the Notice of Proposed 

Rule Making (NPRM) in this WT Docket 

No. 04–257 proceeding. The 

Commission takes the following 

significant actions in the Report and 

Order: (i) Authorizes VPC and AMTS 

licensees to provide private 

correspondence service to units on land; 

(ii) specifies that AMTS stations 

providing private land mobile radio 

service do not have to be interconnected 

to the public switched telephone 

network, but retains that 

interconnection requirement for AMTS 

stations providing commercial mobile 

radio service; (iii) clarifies that VPC and 

AMTS licensees providing service to 

units on land must continue to ensure 

that maritime communications have 

priority, while also clarifying that a 

licensee’s practice of dedicating 

separate channels for land mobile 

communications, on the one hand, and 

maritime communications, on the other, 

does not necessarily satisfy the maritime 

priority requirement although it may 

satisfy the requirement in certain 

circumstances; (iv) declines to permit 

VPC and AMTS licensees to provide 

service to units on land pursuant to 

regulations other than those in part 80, 

except pursuant to a waiver, and (v) 

declines to amend the part 80 rules to 

specify that VPC channels may be used 

for port operations and ship movement 


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