[Federal Register Volume 77, Number 83 (Monday, April 30, 2012)]
[Proposed Rules]
[Pages 25386-25394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9984]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket No. 10-23; FCC 12-34]


Tank Level Probing Radars

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document proposes to expand the scope of this proceeding 
to propose a set of technical rules for the operation of unlicensed 
level probing radars (LPR) in several frequency bands. LPR devices are 
low-power radars that measure the level (relative height) of various 
substances in man-made or natural containments. In open-air 
environments, LPR devices may be used to measure levels of materials 
such as coal piles or water basin levels. An LPR device also may be 
installed inside an enclosure, e.g., a tank made of materials such as 
steel or fiberglass and commonly referred to as a tank level probing 
radar (TLPR) that could be filled with liquids or granulates. During 
the pendency of the rulemaking proceeding, but outside this proceeding, 
the Commission received waiver requests and other inquiries regarding 
outdoor use on additional frequencies under existing rules for 
unlicensed devices. To address the apparent need for a comprehensive 
and consistent approach to LPR devices, the Commission is proposing in 
this FNPRM rules that would apply to the operation of LPR devices 
installed in both open-air environments and inside storage tanks in the 
following frequency bands: 5.925-7.250 GHz, 24.05-29.00 GHz, and 75-85 
GHz.

DATES: Comments must be filed on or before May 30, 2012, and reply 
comments must be filed on or before June 29, 2012.

FOR FURTHER INFORMATION CONTACT: Anh Wride, Office of Engineering and 
Technology, (202) 418-0577, email: <a href="/cdn-cgi/l/email-protection#cc8da2a4e29bbea5a8a98caaafafe2aba3ba"><span class="__cf_email__" data-cfemail="ecad8284c2bb9e858889ac8a8f8fc28b839a">[email protected]</span></a>, TTY (202) 418-
2989.

ADDRESSES: You may submit comments, identified by [docket number and/or 
rulemaking number], by any of the following methods:
    [ssquf] Federal Communications Commission's Web Site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
comments.
    [ssquf] Mail: Anh Wride, Office of Engineering and Technology, Room 
7-A363, Federal Communications Commission, 445 12th SW., Washington, DC 
20554.
    [ssquf] People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: <a href="/cdn-cgi/l/email-protection#9cdadfdfa9aca8dcfaffffb2fbf3ea"><span class="__cf_email__" data-cfemail="de989d9debeeea9eb8bdbdf0b9b1a8">[email protected]</span></a> or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rule Making, ET Docket No. 10-23, FCC 12-34, 
adopted March 26, 2012, and released March 27, 2012. The full text of 
this document is available for inspection and copying during normal 
business hours in the FCC Reference Center (Room CY-A257), 445 12th 
Street SW., Washington, DC 20554. The complete text of this document 
also 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: www.fcc.gov.
    Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 
CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
    [ssquf] Electronic Filers: Comments may be filed electronically 
using the Internet by

[[Page 25387]]

accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
    [ssquf] Paper Filers: Parties who choose to file by paper must file 
an original and one copy of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
    [ssquf] All hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary must be delivered to FCC Headquarters at 445 
12th St., SW., Room TW-A325, Washington, DC 20554. The filing hours are 
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes and boxes must be disposed of 
before entering the building.
    [ssquf] 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.
    [ssquf] U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 445 12th Street SW., Washington, DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="85e3e6e6b0b5b1c5e3e6e6abe2eaf3">[email protected]</a> or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

Summary of Further Notice of Proposed Rulemaking

    1. In the Further Notice of Proposed Rule Making (FNPRM), the 
Commission expands the scope of this proceeding to propose a set of 
technical rules for the operation of unlicensed level probing radars 
(LPR) in several frequency bands. LPR devices are low-power radars that 
measure the level (relative height) of various substances in man-made 
or natural containments. In open-air environments, LPR devices may be 
used to measure levels of materials such as coal piles or water basin 
levels. An LPR device also may be installed inside an enclosure, e.g., 
a tank made of materials such as steel or fiberglass and commonly 
referred to as a tank level probing radar (TLPR) that could be filled 
with liquids or granulates. In the Notice of Proposed Rule Making and 
Order (Notice and Order), 75 FR 9850, March 4, 2010, in this 
proceeding, the Commission proposed rules applicable only to TLPR 
devices for operation in the 77-81 GHz band inside steel and concrete 
tanks, as that was the use requested by the initial proponents. During 
the pendency of the rulemaking proceeding, but outside this proceeding, 
the Commission received waiver requests and other inquiries regarding 
outdoor use on additional frequencies under existing part 15 rules for 
unlicensed devices. To address the apparent need for a comprehensive 
and consistent approach to LPR devices, the Commission proposed in this 
FNPRM rules that would apply to the operation of LPR devices installed 
in both open-air environments and inside storage tanks in the following 
frequency bands: 5.925-7.250 GHz, 24.05-29.00 GHz, and 75-85 GHz.
    2. LPR devices can provide accurate and reliable target resolution 
to identify water levels in rivers and dams or critical levels of 
materials such as fuel, sewer-treated waste, and high risk substances, 
reducing overflow and spillage and minimizing exposure of maintenance 
personnel in the case of high risk materials. The Commission is 
proposing a set of rules that would be applicable to LPR devices 
(including TLPR devices) that would allow the expanded development of a 
variety of radar level-measuring products that will benefit the public 
and industry and improve the accuracy and reliability of these 
measuring tools beyond that which is permitted under our current part 
15 rules. To the extent practicable, these proposals would also 
harmonize our technical rules for LPR devices with similar European 
standards in an effort to improve the competitiveness of U.S. 
manufacturers in the global economy. The Commission believes that, with 
appropriate rules, LPR devices can operate on an unlicensed basis in 
the proposed frequency bands without causing harmful interference to 
authorized services.
    3. On January 14, 2010, the Commission adopted the Notice and Order 
in this proceeding in response to: (1) a Petition for Rulemaking from 
Siemens Milltronics Process Instruments Inc. (Siemens) requesting that 
the Commission amend its rules to allow TLPR devices to operate in the 
``restricted'' 77-81 GHz frequency band inside steel or concrete tank 
enclosures; (2) a concurrent request for waiver, also by Siemens, of 
Sec.  15.205(a) to allow TLPR operation in the 78-79 GHz frequency 
band, subject to certain conditions; and (3) a similar request for 
waiver by Ohmart/VEGA Corporation (Ohmart/VEGA) to allow TLPR operation 
in the 77-81 GHz band. The Notice and Order proposed to modify part 15 
of the rules to allow the 77-81 GHz frequency band to be used on an 
unlicensed basis for the operation of LPR equipment installed inside 
closed storage tanks made of metal, concrete, or other material with 
similar attenuating characteristics and also sought comment on whether 
to allow TLPR operation on an unlicensed basis in the 75-85 GHz band. 
The Notice and Order also sought comment on whether the Commission 
should allow installation of TLPR devices in tanks made of materials 
with a lower attenuation coefficient than steel/concrete, including 
open-air installations, and requested input on additional measures to 
ensure that TLPR devices installed in such enclosures comply with the 
radiated emissions limit outside the tank. No comments were received in 
opposition to the specific proposals set forth in the Notice and Order, 
but no comments were received regarding open-air installations or other 
containers. The Order granted waivers of the restriction on spurious 
emissions in the 77-81 GHz band set forth in Sec.  15.205(a) to 
Siemens, Ohmart/VEGA, and any other responsible party that meets the 
specified waiver conditions, to permit TLPR devices to be installed 
inside tanks with high attenuation characteristics, e.g., steel or 
concrete, pending the conclusion of the concurrently initiated 
rulemaking.
    4. To date, the Commission has authorized LPR devices primarily for 
use in tanks upon demonstration of compliance with Sec.  15.209 of the 
rules, which specifies an average EIRP limit of -41.3 dBm for 
operations above 960 MHz. In addition, Sec.  15.35(b) of the rules sets 
a peak limit at 20 dB above the average limit, e.g., a peak EIRP limit 
of -21.3 dBm. For pulsed signals, it may be necessary to take into 
account the limitations of the measurement instrumentation to determine 
the total peak power level, through the use of a pulse desensitization 
correction factor (PDCF), which is an adjustment factor that must be 
added to the indicated value of a pulsed emission on a spectrum 
analyzer when the emission bandwidth of the pulse exceeds the 
resolution bandwidth of the analyzer. Therefore, pulsed LPR devices 
often must reduce their peak power output to comply with the peak 
emission limit in Sec.  15.209 and thus may sacrifice the necessary 
precision and accuracy required in many applications. LPR devices using 
other modulation techniques, e.g., FMCW, also need wider bandwidth in 
certain frequency

[[Page 25388]]

ranges to achieve the necessary measurement precision.
    5. On January 26, 2010, the Commission placed on public notice a 
request for waiver of Sec.  15.252(a) of the Commission's rules filed 
by Ohmart/VEGA to permit certification of LPR devices installed at 
fixed locations at outdoor sites as well as inside storage tanks in the 
24.6-27 GHz frequency band. On January 3, 2011, the Commission also 
received a request for waiver of the frequency band restrictions of 
Sec.  15.250 from Sutron Corporation to operate its water level probing 
radar in the 5.460-7.250 GHz frequency band with fixed outdoor 
infrastructure. Because these waiver requests raise issues that are, in 
part, similar to those raised in this FNPRM, we are holding these two 
requests in abeyance pending final action in this rulemaking 
proceeding.
    6. In the FNPRM, the Commission proposes a set of rules that would 
be applicable to LPR devices used in any RF level-measuring 
application, whether in an open-air environment or inside an enclosure, 
to address the needs for a comprehensive and consistent approach to LPR 
devices. These proposals are intended to allow for the introduction of 
more diverse applications of LPRs in several frequency bands and 
improve the accuracy and reliability of these level-measuring tools 
beyond what is permitted under our current part 15 rules. The 
Commission also believes that the proposed rules will help to simplify 
equipment development and certification of LPR devices as well as 
provide a simplified method for measuring the radiated emissions from 
these devices.
    7. The Commission has previously authorized LPR devices primarily 
for use in tanks upon demonstration of compliance with Sec.  15.209 of 
the rules, which specifies an average EIRP limit of -41.3 dBm for 
operations above 960 MHz. In addition, these devices have also been 
required to demonstrate that they comply with Sec.  15.35(b) of the 
rules, which sets a peak limit at 20 dB above the average limit, e.g., 
a peak EIRP limit of -21.3 dBm. Pulsed LPR devices often must reduce 
their peak power output in order to comply with this peak emission 
limit and thus may sacrifice the necessary precision and accuracy 
required by many applications. LPR devices using other modulation 
techniques, e.g., FMCW, also need wider bandwidth in certain frequency 
ranges to achieve the necessary measurement precision. LPR devices need 
higher power and wider bandwidth than permitted under Sec.  15.209 of 
the rules to fully achieve the potential of RF level-measuring 
technology. In addition, the part 15 rules for similar wide-band 
devices such as Sec. Sec.  15.250 or 15.252 contain frequency and 
operational restrictions which preclude the certification of LPR 
devices absent a waiver.
    8. In expanding the scope of this rulemaking proceeding, the 
Commission is responding to an industry-wide need to employ wider 
bandwidth and higher power to implement more diverse applications in RF 
level-measuring while maintaining or improving accuracy and 
reliability. Specifically, it proposes to amend part 15 to provide a 
set of new rules to govern specifically the operation of LPR devices 
installed both in open-air environments and inside storage tanks (TLPR 
applications) in the following frequency bands: 5.925-7.250 GHz, 24.05-
29.00 GHz, and 75-85 GHz. To permit LPR operation in the 75-85 GHz 
band, the Commission also proposes to modify existing Sec.  15.205 of 
the rules to remove the prohibition on intentional emissions in this 
band. The Commission further proposes to treat LPR and TLPR devices the 
same with respect to emission limits and frequency bands of operation 
without any additional installation limitations. That is, a level 
measuring radar that complies with our proposed rules would be able to 
be used in any application, whether outdoors in the open or inside any 
type of enclosure. Accordingly, the proposals for emission limits in 
this FNPRM would supersede the emission limit proposals for TLPR 
devices in the Notice and Order.
    9. The Commission is proposing emission limits for the main-beam 
emissions which are based on the ETSI LPR Technical Standard and take 
into account the fact that there may be no additional attenuation 
provided by a tank enclosure. The proposed limits would allow the main-
beam emissions from LPRs to be higher in power than is allowed under 
the general emission limits in Sec.  15.209. However, the levels of 
reflected emissions are not expected to exceed those general emission 
limits, and therefore no increased potential for interference is 
expected. The Commission also proposes to require that all spurious/
unwanted emission limits from LPRs not exceed the general emission 
limits in Sec.  15.209 when measured in the main beam of a device's 
transmit antenna; the measurement procedure would also utilize 
elevation and azimuth measurement scans to determine the location at 
which these unwanted emissions are maximized. To further protect 
authorized services operating in the same and adjacent frequency bands, 
the Commission proposes to: (1) Require the LPR antenna to be dedicated 
or integrated as part of the transmitter and professionally installed 
in a downward position; (2) limit installations of LPR devices to fixed 
locations; and (3) prohibit hand-held applications of LPR and the 
marketing of LPR devices to residential consumers.
    10. The Commission based these proposals on the various waiver and 
informal rule interpretation requests it has received, and the emission 
limits adopted in Europe for LPR devices. Although our proposals would 
generally harmonize our rules with the European
    LPR regulations with respect to the limits for fundamental 
emissions, they also would address the specific spectrum needs and 
restrictions in the U.S.
    11. Frequency Bands of Operation. The Commission proposes to allow 
LPR operation under the new technical rules in the following frequency 
bands: 5.925-7.250 GHz, 24.05-29.00 GHz, and 75-85 GHz. In the Notice 
and Order, it proposed rules for TLPR devices in the 77-81 GHz band; in 
this FNPRM the Commission proposes to expand the frequency bands for 
LPR operation under the new rules for both in-tank and in open-air 
environments to include the 75-85 GHz band. It seeks comment on our 
proposals for LPR operation in each of the frequency bands discussed.
    12. The Commission believes, that allowing LPR devices to operate 
under the technical rules it proposed herein will not increase the 
likelihood of harmful interference to incumbent authorized 
radiofrequency operations. LPR devices are typically installed at fixed 
industrial sites, such as quarries, paper mills, and ore refineries, or 
at facilities adjacent to bodies of water, such as dams, storm water 
lift stations, and sewage treatment plants, all of which are generally 
well away from residences. The Commission also proposed requiring LPR 
devices to utilize narrow beamwidth transmit antennas focused in a 
downward orientation. This will serve to minimize the likelihood of 
interference to any incumbent spectrum operations within proximity of a 
fixed LPR system. Finally, the emission limits proposed herein for LPR 
devices will ensure that incumbent operations are afforded similar 
protection as currently provided by the existing emission limits in 
Sec.  15.209 of the rules.
    13. Currently, unlicensed wide-band transmitter operation within 
the 5.925-7.250 GHz band is permitted under Sec.  15.250 of our rules. 
In this band, licensed uses include non-Federal fixed,

[[Page 25389]]

fixed satellite, and mobile services from 5.925 MHz to 7.125 MHz; and 
Federal fixed and space research services (deep space & Earth-to-space) 
from 7.125 MHz to 7.250 MHz. Part 15 transmitters operating in this 
band are prohibited from being used in toys or operating on board an 
aircraft or satellite. They cannot utilize a fixed outdoor 
infrastructure, including outdoor-mounted transmit antennas, to 
establish a wide area communications network. The Commission believes 
that its proposal to adopt rules to permit LPR operation in the 5.925-
7.250 GHz band, including permitting limited fixed outdoor 
installations, is consistent with the intent underlying the usage 
restrictions in Sec.  15.250. In this regard, LPRs will be single, 
i.e., relatively isolated, transmitters whose individual operations 
outdoors will not result in a dense deployment of transmitters.
    14. Unlicensed wide-band operation in the 23.12-29.0 GHz band is 
permitted under Sec.  15.252 of our rules. This band is shared between 
Federal and non-Federal services. Authorized licensed operations 
include radiolocation, EESS (active), amateur, fixed, inter-satellite, 
radionavigation, radiolocation satellite (Earth-to-space), fixed 
satellite (Earth-to-space), mobile, standard frequency and time signal 
satellite (Earth-to-space), space research (space-to-Earth), and EESS 
(space-to-Earth) services. Currently, unlicensed transmitters operating 
in this band must be mounted on vehicles and cannot be used in aviation 
applications. To provide expanded flexibility for optimizing LPR 
applications and to enhance global marketing opportunities by more 
closely harmonizing with ETSI in this frequency range, the Commission 
proposes to permit LPR operation in the 24.05-29.00 GHz band. The 
proposed frequency band is wider than that which ETSI has adopted; 
however, the Commission believes that the risk of interference to 
incumbent authorized services from LPR devices will be no greater than 
it is from existing part 15 radars currently operating in this band 
because LPR devices operate in a fixed downward-looking position.
    15. Apart from a few exceptions, all spectrum above 38.6 GHz, 
including the 75-85 GHz band, is designated by footnote as a 
``restricted band'' in Sec.  15.205 of the rules. Consequently, unless 
expressly permitted by rule or waiver, unlicensed devices are not 
allowed to intentionally radiate energy into a restricted band in order 
to protect sensitive radio services from harmful interference. The 
Commission has permitted unlicensed operation within specific frequency 
bands above 38.6 GHz, e.g., 46.7-46.9 GHz, 57-64 GHz, 76-77 GHz, and 
92-95 GHz.
    16. The 75-85 GHz band is shared between Federal and non-Federal 
services. Authorized operations in this band currently include radio 
astronomy, fixed/mobile/fixed satellite, mobile satellite, broadcast 
and broadcast satellite, radiolocation, space research (space-to-
Earth), amateur and amateur satellite services. In addition, unlicensed 
vehicular radars are currently permitted to operate in the 76-77 GHz 
band. The services in this band typically employ highly directional 
antennas to overcome the relatively higher propagation loss that occurs 
at these frequencies. In the Notice and Order, the Commission proposed 
to allow TLPR operation in the 77-81 GHz band and also sought comment 
on whether it should permit TLPR devices to operate in the broader 75-
85 GHz band. No objections were received from incumbent service 
operators with respect to TLPR operation in the 75-85 GHz band in 
response to the Notice and Order. The Commission believes that an 
extension of the frequency range to allow LPR operation in the 75-85 
GHz band will not adversely affect incumbent authorized users, because 
this band is currently sparsely used and the propagation losses are 
significant at these frequencies, making harmful interference unlikely 
beyond a short distance from the LPR device. The Commission seeks 
comment on this proposal.
    17. Radiated Emission Limits. The Commission proposes to adopt 
radiated emission limits for LPR devices operating in each of the 
proposed frequency bands as set forth in the table below. These limits 
are consistent with those adopted by ETSI. ETSI derived its emission 
limits for main-beam emissions by mathematically correlating the 
reflected emissions from an LPR with the existing part 15 average 
emission limit for devices operating above 960 MHz. The proposed 
emission limits therefore would maintain the existing level of 
interference protection to incumbent radio services. The Commission 
also believes that harmonization of our limits with the ETSI limits is 
desirable because it could serve to expand global marketing 
opportunities for U.S. manufacturers.

----------------------------------------------------------------------------------------------------------------
                                       Average emission limit    Peak emission limit       Equivalent average
                                        (EIRP in dBm/MHz) as    (EIRP in dBm measured    reflected emissions  if
        Frequency band  (GHz)            measured boresight     in 50 MHz) as measured   measured in situ  (EIRP
                                              (Note 2)           boresight  (Note 2)      in dBm/MHz)  (Note 3)
----------------------------------------------------------------------------------------------------------------
5.925-7.250.........................                      -33                       +7                     -55
24.05-29.00.........................                      -14                      +26                     -41.3
75-85...............................                       -3                      +34                     -41.3
----------------------------------------------------------------------------------------------------------------
Notes:
1. Minimum bandwidth at the -10 dB points is 50 megahertz.
2. All emission limits defined herein are based on boresight measurements (i.e., measurements performed within
  the main beam of an LPR antenna).
3. Equivalent reflected emissions include antenna back-lobe and side-lobe emissions and worst-case reflections
  from material being measured.

    18. ETSI/ECC based these limits on the results of mathematical 
modeling which was supported by measurement data. ETSI/ECC's modeling 
effort shows that if the LPR complies with the main-beam (boresight) 
emission limits specified in the second and third columns of the table 
above, any reflected emissions, including antenna back-lobe or side-
lobe emissions and worst-case reflections from the target material, 
will also comply with the existing average emission limit specified in 
Sec.  15.209 for devices operating above 960 MHz, shown in the table's 
fourth column. The main-beam emission limits vary with frequency band 
because the mathematical models accounted for the frequency-dependent 
propagation loss characteristics associated with each band. The 
Commission seeks comment on these proposed emission limits.
    19. The Commission believes that the proposed LPR emission limits 
as measured in the main beam of the LPR antenna will adequately protect 
against harmful interference to incumbent

[[Page 25390]]

authorized services in any of the proposed frequency bands, based on 
several factors. First, LPR devices will be required to utilize 
downward-focused narrow-beam transmit antennas, which are also needed 
to optimize level-measuring performance. Therefore, the only LPR 
emissions likely to be incident on an incumbent receiver within 
proximity will be reflected from the target material and thus 
significantly attenuated. Second, the proposed LPR emission limits are 
consistent with the results expected from application of the existing 
limits in radiated in situ measurements and therefore will maintain the 
existing level of protection afforded to incumbent authorized services. 
Third, as the operating frequency increases, the propagation path loss 
also increases as a result of the increased attenuating effects on 
radio waves from intervening objects and atmospheric conditions. 
Finally, the Commission is proposing certain operational conditions 
that would further reduce the likelihood of harmful interference to 
authorized services. Accordingly, it concludes that LPR devices will be 
able to share spectrum with incumbent authorized services in the 
proposed bands at the proposed emission limits. The Commission seeks 
comment on this tentative conclusion.
    20. In the Notice and Order, for TLPR devices operating in the 77-
81 GHz band in tanks with very high RF attenuation characteristics, 
e.g., steel or concrete, the Commission proposed an emission limit of 
+43 dBm on the transmitter's peak EIRP and +23 dBm on the transmitter's 
average EIRP levels for fundamental emissions when measured in a 
laboratory setting, i.e., not installed in a tank. It also proposed to 
limit the radiated emissions from the TLPR device, when installed in 
representative tanks of each material type for testing in situ, to the 
general radiated emission limits for intentional radiators in Sec.  
15.209(a) of its rules when measured outside of the TLPR tank enclosure 
in any direction. The Commission stated that emissions outside of the 
tank will likely be minimal when considering the tank enclosure's 
attenuation coefficient in addition to the absorption characteristics 
of the target material (liquid or solid), and thus, any reflected 
signal will be mostly contained within the tank. The Commission also 
noted that in situ testing would require performance of compliance 
tests on a tank of each material type intended for use with the LPR at 
three representative installation sites (e.g., a metallic tank at three 
representative installation sites, a concrete tank at three 
representative installation sites), which could prove quite burdensome 
to an applicant.
    21. The Commission is now proposing to treat TLPR devices in the 
same manner as LPR devices with respect to both emission limits and 
frequency bands of operation. Thus, if an LPR complies with these 
proposed rules, it can be installed inside an enclosure or out in the 
open since the proposed emission limits do not assume any additional 
attenuation provided by a tank enclosure. Although the emission limits 
proposed herein are somewhat lower than the TLPR limits previously-
proposed (e.g., +34 dBm peak EIRP vs. +43 dBm peak EIRP, respectively), 
the Commission notes that the proposed limits do not assume any tank 
enclosure attenuation. It believes that this will alleviate the burdens 
involved in performing in situ compliance testing. These proposals also 
will permit TLPR devices to be used with a variety of tank materials, 
potentially increasing the useful applications of the technology. 
Accordingly, the Commission is proposing a definition for LPR devices 
that would encompass open-air and in-tank applications. The Commission 
seeks comment on these proposals.
    22. Antenna Beamwidth. The Commission notes that the ECC 
recommendations are based on modeling results that assume the LPR 
antenna beamwidth is limited to less than 12 degrees for frequencies 
below 57 GHz and less than 8 degrees in the 75-85 GHz bands. It also 
notes that maintaining a narrow antenna beamwidth is also a performance 
criterion for optimizing LPR operations because a narrower beam reduces 
false echoes from objects other than the desired target material. The 
Commission proposes to adopt these antenna beamwidth requirements and 
seek comment on this proposal.
    23. Antenna Side Lobe Gain. In assessing compatibility between LPR 
devices and systems operating in other radio services, the ETSI/ECC 
modeling effort assumed a maximum side lobe antenna gain of -10 dBi for 
off-axis angles from the main beam of greater than 60 degrees. In 
addition to the requirements for antenna beamwidth, the Commission 
seeks comment on the necessity of establishing limits on the gain of 
the antenna in the side lobe region and off-axis angle where the gain 
is to be defined.
    24. Automatic Power Control. ECC also recommends the implementation 
of automatic power control (APC) with a dynamic range of 20 dB for 
LPRs. The Commission notes that as a consequence of our proposed 
emission limits, all reflected emissions from the LPR device will be 
kept at or below the Sec.  15.209 general emission limits. Thus, as 
tentatively concluded, harmful interference to other spectrum users is 
not expected. Therefore, the Commission does not propose to adopt APC 
requirements for LPR devices. Any party advocating a requirement for 
APC should provide technical analyses as to why the emission limit in 
Sec.  15.209 is not adequate.
    25. Compliance Measurement. As stated, a primary reason for ECC 
adoption of a main-beam emission limit for LPR devices is to reduce the 
difficulties associated with measuring reflected emissions from an LPR 
device in situ. The Commission also notes, in concurrence with ETSI/
ECC, that the current compliance practice of measuring reflected 
radiated emissions at a 3-meter horizontal distance from the radiating 
source while varying the measurement antenna height from 1 meter to 4 
meters often does not yield repeatable results when LPR emissions are 
measured in situ. This is because the patterns of reflected emissions 
tend to vary and are therefore difficult to measure consistently, 
propagation losses in the higher frequency bands are significant, and 
it is not always practical to create a test bed that is representative 
of all of the substances that an LPR will measure, making it difficult 
to determine the worst-case reflectivity factor. In addition, the 
current measurement procedure does not consider any potential emissions 
that may radiate from the top of an LPR device. The limits proposed 
herein will account for such emissions that could be missed entirely 
when applying the existing in situ compliance measurement procedures. 
With a main-beam emission limit, emissions are to be evaluated with the 
measurement antenna pointed directly at the LPR antenna, and as long 
the LPR complies with this limit, its reflected emissions in any 
direction will generally not exceed the existing average emission limit 
in Sec.  15.209, thereby maintaining the same level of interference 
protection to incumbent authorized users. The Commission tentatively 
concludes that the main-beam emission limit will facilitate 
representative, reliable, and repeatable emission measurements of the 
emissions from LPR devices. The Commission seeks comment on this 
tentative conclusion.
    26. Based on our experience to date with compliance measurements of 
and the proposals herein for main-beam emission limits for LPR devices, 
the Commission seek comment on the following compliance measurement 
procedures. The Commission's Office of

[[Page 25391]]

Engineering and Technology may publish specific information on how to 
conduct compliance testing following these procedures, e.g., by 
publication in a guidance document or as specified in the rules.
    <bullet> Radiated measurements of the fundamental emission 
bandwidth and power shall be made with maximum main beam coupling 
between the LPR and test antennas (boresight).
    <bullet> Measurements of the unwanted emissions radiating from an 
LPR shall be made utilizing elevation and azimuth scans to determine 
the location at which the emissions are maximized.
    <bullet> All emissions at and below 960 MHz shall be measured with 
a CISPR quasi-peak detector.
    <bullet> The fundamental emission bandwidth measurement shall be 
made using a peak detector with a resolution bandwidth of 1 MHz and a 
video bandwidth of at least 3 MHz.
    <bullet> The provisions in Sec.  15.35(b) and (c) that limit the 
peak power to 20 dB above the average limit and require emissions to be 
averaged over a 100 millisecond period do not apply to devices 
operating under this section.
    <bullet> Compliance measurements of frequency-agile LPR devices 
shall be performed with any related frequency sweep, step, or hop 
function activated.
    27. Operational and Marketing Restrictions. The Commission proposes 
to adopt operational restrictions to require the antenna of an LPR 
device to be dedicated or integrated as part of the transmitter and 
professionally installed in a downward position; to limit installations 
of LPR devices to fixed locations; to prohibit hand-held applications 
of LPR devices; and to prohibit the marketing of LPR devices to 
residential consumers. The Commission proposes these restrictions to 
protect incumbent authorized services operating in the same and 
adjacent frequency bands from harmful interference. It seeks comment on 
these proposals.
    28. Equipment Certification. In the Notice and Order, the 
Commission proposed to require that TLPR devices designed to operate in 
the 77-81 GHz band be approved under the Commission's certification 
procedures and that certification be performed by the Commission's 
Laboratory rather than by Telecommunications Certification Bodies 
(TCB). The Commission noted that because a standard test procedure for 
LPR devices had not yet been devised for use at these frequencies, this 
requirement would give the Commission time to develop appropriate 
measurement guidelines for devices intended for operation in this 
frequency band. It observes, however, that the new proposals made 
herein will facilitate the direct measurement of emissions within the 
main beam of the LPR antenna and are consistent with compliance 
measurement methodologies currently used with other types of unlicensed 
transmitters. The Commission therefore proposes to permit TCBs to 
certify LPR devices operating under these proposed rules. The 
Commission seeks further comment on this proposal.
    29. The Commission is aware that some approvals of TLPRs have 
already been granted under Sec.  15.209 of our rules. These devices may 
continue to operate under Sec.  15.209 if their worst-case radiated 
emissions continue to comply with the limits in these rules. The 
Commission recognizes that a certified TLPR device could be approved to 
operate under other conditions, e.g., outdoor installations in open-air 
environments, in an enclosure with low RF attenuation characteristics, 
or with higher power. To allow previously-certified devices to take 
advantage of the changes proposed in this FNPRM, the Commission 
proposes to allow the responsible party to file for a permissive change 
request in accordance with the existing rules and practices, provided 
that: (1) The LPR device operates only within the frequency bands 
authorized by rules proposed herein; (2) measurement data taken in 
accordance with the measurement procedure proposed above is provided to 
demonstrate compliance with the new emission limits specified in these 
proposed rules; and (3) operational changes to the device are being 
implemented by software upgrade without any hardware change. The 
Commission seeks comment on this proposal.
    30. Cost Benefit Analysis. The Commission believes that the 
benefits of the proposed regulations for manufacturers and users 
outweigh any potential costs. LPR devices need higher power and wider 
bandwidth than that which is permitted under the existing part 15 rules 
to fully achieve the potential of this measuring technology. The 
Commission's proposed rules would provide a necessary remedy for these 
devices to operate at the power levels and in the appropriate frequency 
bands required to deliver the needed accuracy for diverse applications, 
thereby promoting the expanded development and use of this technology 
to the benefit of businesses, consumers, and the economy. The proposed 
higher power levels in the proposed frequency bands would further the 
development of better and improved level-measuring tools, but these 
changes would not increase the potential for interference to authorized 
users beyond what is permitted under the current rules. In addition, 
the proposed rules will help to simplify equipment development and 
certification of LPR devices, as well as provide a simplified method 
for measuring the radiated emissions from these devices. The Commission 
seeks comment on this analysis and any additional benefits that may 
result from these proposed rules. Parties that oppose these proposed 
rules should cite specific harms that they believe would result from 
changing the rules.

Initial Regulatory Flexibility Analysis

    31. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA),\1\ the Commission has prepared this present Initial 
Regulatory Flexibility Analysis (IRFA) of the possible significant 
economic impact on a substantial number of small entities by the 
policies and rules proposed in this Further Notice of Proposed Rule 
Making (FNPRM). 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 provided on the first page of this FNPRM. 
The Commission will send a copy of this FNPRM, including this IRFA, to 
the Chief Counsel for Advocacy of the Small Business Administration 
(SBA).\2\
---------------------------------------------------------------------------

    \1\ See 5 U.S.C. 603. The 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. 847 (1996).
    \2\  See 5 U.S.C. 603(a).
---------------------------------------------------------------------------

A. Need for, and Objectives of, the Proposed Rules

    32. This rule making proposal is initiated to obtain comments 
regarding proposed changes to the regulations for radio frequency 
devices that do not require a license to operate. The Commission 
proposed to expand the scope of the above proceeding to adopt technical 
rules for operation of specific types of low-power transmitters called 
level probing radar (LPR) devices, including tank level probing radars 
(TLPR), on an unlicensed basis under the provisions of part 15 of the 
Commission's rules in the following frequency bands: 5.925-7.250 GHz, 
24.05-29.00 GHz and 75-85 GHz. The Commission proposed to amend its 
part 15 rules to revise the original proposed Sec.  15.256 in the 
Notice of Proposed Rule Making and Order (Notice and Order) to permit 
the operation of LPR devices installed both outdoors in the open and 
inside storage tanks (TLPR) in the above

[[Page 25392]]

frequency bands. The Commission propose to treat LPR and TLPR devices 
the same with respect to emission limits and frequency bands of 
operation without any additional installation limitation. That is, a 
level-measuring radar that complies with our proposed rules will be 
able to be used in any application, whether outdoors in the open or 
inside any type of enclosure, e.g., steel or plastic. These proposals 
will also extend the operation of TLPR devices from the originally 
proposed 77-81 GHz band to the additional proposed frequency bands, at 
the new proposed main-beam emission limits. The Commission proposes 
emission limits for fundamental emissions depending on the LPR 
frequency bands of operation, as measured in the antenna main beam, 
based on the LPR Technical Standards adopted in Europe, to promote 
savings for manufacturers that operate in the global economy. The 
Commission proposes to require that all spurious/unwanted emission 
limits not exceed the general emission limits in Sec.  15.209 when 
measured in the main beam of the LPR antenna, as well as utilizing 
elevation and azimuth scans to determine the location at which the 
emissions are maximized. To further protect authorized services 
operating in the same and adjacent frequency bands, we also propose to 
adopt operational restrictions to require the LPR antenna to be 
dedicated or integrated as part of the transmitter and professionally 
installed in a downward position; to limit installations of LPR devices 
to fixed locations; and to prohibit hand-held applications of LPR and 
the marketing of LPR devices to consumers. The Commission believes that 
its proposals herein would enable LPR devices that will provide better 
accuracy and reliability in target resolution to identify critical 
levels of materials such as fuel, water and sewer treated waste, and 
high-risk substances. The proposed amendments to our rules will permit 
these devices to operate effectively and reliably, reducing storage 
tank overfill and spilling and minimizing exposure of maintenance 
personnel in the case of high-risk materials, all without increasing 
the risk of interference to authorized services.

B. Legal Basis

    33. The proposed action is taken pursuant to sections 1, 4(i), 302, 
303(e), 303(f), 303(g), and 303(r) of the Communications Act of 1934, 
as amended, 47 U.S.C. 151, 154(i), 302, 303(e), 303(f), 303(g), and 
303(r).

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    34. 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.\3\ The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' \4\ In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act.\5\ 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 SBA.\6\
---------------------------------------------------------------------------

    \3\ 5 U.S.C. 603(b)(3).
    \4\ 5 U.S.C. 601(6).
    \5\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the 
RFA, 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.'' 5 U.S.C. 601(3).
    \6\ Small Business Act, 15 U.S.C. 632 (1996).
---------------------------------------------------------------------------

    35. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. The Census Bureau defines this category as 
follows: ``This industry comprises establishments primarily engaged in 
manufacturing radio and television broadcast and wireless 
communications equipment. Examples of products made by these 
establishments are: Transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment.'' \7\ The SBA has developed a small business 
size standard for Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing, which is all such firms having 
750 or fewer employees.\8\ According to Census Bureau data for 2002, 
there were a total of 1,041 establishments in this category that 
operated for the entire year.\9\ Of this total, 1,010 had fewer than 
500 employees, and an additional 13 had between 500 and 999 
employees.\10\ Thus, under this size standard, the majority of firms 
can be considered small.
---------------------------------------------------------------------------

    \7\ U.S. Census Bureau, 2002 NAICS Definitions, ``334220 Radio 
and Television Broadcasting and Wireless Communications Equipment 
Manufacturing''; http://www.census.gov/epcd/naics02/def/NDEF334.HTM#N3342.
    \8\ 13 CFR 121.201, NAICS code 334220.
    \9\ U.S. Census Bureau, American FactFinder, 2002 Economic 
Census, Industry Series, Industry Statistics by Employment Size, 
NAICS code 334220 (released May 26, 2005); http://factfinder.census.gov. The number of ``establishments'' is a less 
helpful indicator of small business prevalence in this context than 
would be the number of ``firms'' or ``companies,'' because the 
latter takes into account the concept of common ownership or 
control. Any single physical location for an entity is an 
establishment, even though that location may be owned by a different 
establishment. Thus, the numbers given may reflect inflated numbers 
of businesses in this category, including the numbers of small 
businesses. In this category, the Census Bureau breaks-out data for 
firms or companies only to give the total number of such entities 
for 2002, which was 929.
    \10\ Id. An additional 18 establishments had 1,000 or more 
employees.
---------------------------------------------------------------------------

    36. Wireless Service Providers. The SBA has developed a small 
business size standard for wireless firms within the two broad economic 
census categories of ``Paging'' \11\ and ``Cellular and Other Wireless 
Telecommunications.'' \12\ Under both categories, the SBA deems a 
wireless business to be small if it has 1,500 or fewer employees. For 
the census category of Paging, Census Bureau data for 2002 show that 
there were 807 firms in this category that operated for the entire 
year.\13\ Of this total, 804 firms had employment of 999 or fewer 
employees, and three firms had employment of 1,000 employees or 
more.\14\ Thus, under this category and associated small business size 
standard, the majority of firms can be considered small. For the census 
category of Cellular and Other Wireless Telecommunications, Census 
Bureau data for 2002 show that there were 1,397 firms in this category 
that operated for the entire year.\15\ Of this total, 1,378 firms had 
999 or fewer employees, and 19 firms had 1,000 employees or more.\16\ 
Thus, under this second category and size standard, the majority of 
firms can, again, be considered small.
---------------------------------------------------------------------------

    \11\ 13 CFR 121.201, NAICS code 517211.
    \12\ 13 CFR 121.201, NAICS code 517212.
    \13\ U.S. Census Bureau, 2002 Economic Census, Subject Series: 
Information, ``Establishment and Firm Size (Including Legal Form of 
Organization,'' Table 5, NAICS code 517211 (issued Nov. 2005).
    \14\ Id. The census data do not provide a more precise estimate 
of the number of firms that have 1,500 or fewer employees; the 
largest category provided is for firms with ``1000 employees or 
more.''
    \15\ U.S. Census Bureau, 2002 Economic Census, Subject Series: 
Information, ``Establishment and Firm Size (Including Legal Form of 
Organization,'' Table 5, NAICS code 517212 (issued Nov. 2005).
    \16\ Id. The census data do not provide a more precise estimate 
of the number of firms that have 1,500 or fewer employees; the 
largest category provided is for firms with ``1,000 employees or 
more.''

---------------------------------------------------------------------------

[[Page 25393]]

    37. The Commission has proposed to reduce burdens wherever 
possible. Our proposals for new technical rules regarding LPR operation 
in the 5.925-7.250 GHz, 24.05-29.00 GHz, and 75-85 GHz would reduce 
burdens on small entities. LPR operation in these bands will increase 
the utilization of this spectrum by allowing a radio-frequency type of 
level-measuring technology to access the spectrum that is currently not 
used under the current technical rules for these types of industrial 
applications, resulting in more efficient use of these bands. Where 
possible we have made an effort to harmonize with international 
technical standards in Europe to promote cost savings for small 
manufacturers competing in the global economy. The Commission will 
continue to examine further alternatives with the objectives of 
eliminating unnecessary regulations and minimizing significant economic 
impact on small entities. The Commission seeks comment on significant 
alternatives commenters believe it should adopt.
    38. The Commission does expect that the rules proposed in this 
Further Notice of Proposed Rule Making will have a significant negative 
economic impact on small businesses.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    39. Part 15 transmitters already are required to be authorized 
under the Commission's certification procedure as a prerequisite to 
marketing and importation. The reporting and recordkeeping requirements 
associated with these equipment authorizations would not be changed by 
the proposals contained in this FNPRM. The changes to the regulations 
would permit operation of unlicensed radar devices used in specific 
industrial applications at frequencies already used by other part 15 
devices and in a higher frequency band (75-85 GHz).

E. Federal Rules That May Duplicate, Overlap or Conflict With the 
Proposed Rules

    40. None.

Ordering Clauses

    41. Pursuant to sections 1, 4(i), 302, 303(e), 303(f), 303(g), and 
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 151, 
154(i), 302, 303(e), 303(f), 303(g), and 303(r), this Further Notice of 
Proposed Rule Making is adopted.
    42. Notice is hereby given of the proposed regulatory changes 
described in this Further Notice of Proposed Rulemaking, and that 
comment is sought on these proposals.
    43. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Further 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.

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 15 to read as 
follows:

PART 15--RADIO FREQUENCY DEVICES

    1. The authority citation for part 15 continues to read as follows:

    Authority: 47 U.S.C. 154, 202, 303, 304, 307 and 544A.

    2. Section 15.3 is amended by adding paragraph (hh) to read as 
follows:


Sec.  15.3  Definitions.

* * * * *
    (hh) Level Probing Radar (LPR): A short-range radar transmitter 
used in a wide range of applications to measure the amount of various 
substances, mostly liquids or granulates. LPR equipment may operate in 
open-air environments or inside an enclosure containing the substance 
being measured.
* * * * *
    3. Section 15.31 is amended by revising paragraph (c) to read as 
follows:


Sec.  15.31  Measurement standards.

* * * * *
    (c) Except as otherwise indicated in Sec.  15.256, for swept 
frequency equipment, measurements shall be made with the frequency 
sweep stopped at those frequencies chosen for the measurements to be 
reported.
* * * * *
    4. Section 15.35 is amended by revising paragraph (b) to read as 
follows:


Sec.  15.35  Measurement detector functions and bandwidths.

* * * * *
    (b) Unless otherwise specified, on any frequency or frequencies 
above 1000 MHz, the radiated emission limits are based on the use of 
measurement instrumentation employing an average detector function. 
Unless otherwise specified, measurements above 1000 MHz shall be 
performed using a minimum resolution bandwidth of 1 MHz. When average 
radiated emission measurements are specified in this part, including 
average emission measurements below 1000 MHz, there also is a limit on 
the peak level of the radio frequency emissions. Unless otherwise 
specified, see, e.g., Sec. Sec.  15.250, 15.252, 15.255, 15.256 and 
15.509-15.519 of this part, the limit on peak radio frequency emissions 
is 20 dB above the maximum permitted average emission limit applicable 
to the equipment under test. This peak limit applies to the total peak 
emission level radiated by the device, e.g., the total peak power 
level. Note that the use of a pulse desensitization correction factor 
may be needed to determine the total peak emission level. The 
instruction manual or application note for the measurement instrument 
should be consulted for determining pulse desensitization factors, as 
necessary.
* * * * *
    5. Section 15.205 is amended by revising paragraph (d)(4) to read 
as follows:


Sec.  15.205  Restricted bands of operation.

* * * * *
    (d) * * *
    (4) Any equipment operated under the provisions of Sec. Sec.  
15.253, 15.255, 15.256 in the frequency band 75-85 GHz, or Sec.  15.257 
of this part.
* * * * *
    6. Add Sec.  15.256 to read as follows:


Sec.  15.256  Operation of level probing radars within the bands 5.925-
7.250 GHz, 24.05-29.00 GHz, and 75-85 GHz.

    (a) Operation under this section is limited to level probing radar 
(LPR) devices.
    (b) LPR devices operating under the provisions of this section 
shall utilize a dedicated or integrated transmit antenna, and the 
system shall be professionally installed and maintained to ensure a 
downward orientation of the transmit antenna.
    (c) LPR devices operating under the provisions of this section 
shall be installed only at fixed locations.
    (d) Hand-held applications and marketing to residential consumers 
are prohibited.
    (e) The fundamental bandwidth of an LPR emission is defined as the 
width of the signal between two points, one below and one above the 
center frequency, outside of which all emissions are attenuated by at 
least 10 dB relative to the maximum transmitter output power when 
measured in an equivalent resolution bandwidth.
    (1) The minimum fundamental emission bandwidth shall be 50 MHz for 
LPR operation under the provisions of this section.

[[Page 25394]]

    (2) LPR devices operating under this section must confine their 
fundamental emission bandwidth within the 5.925-7.250 GHz, 24.05-29.00 
GHz, and 75-85 GHz bands under all conditions of operation.
    (f) Fundamental Emissions Limits
    (1) All emission limits provided in this section are expressed in 
terms of Equivalent Isotropic Radiated Power (EIRP).
    (2) The EIRP level is to be determined from the maximum measured 
power within a specified bandwidth.
    (i) The EIRP in 1 MHz is computed from the maximum power level 
measured within any 1-MHz bandwidth using a power averaging detector;
    (ii) The EIRP in 50 MHz is computed from the maximum power level 
measured with a peak detector in a 50-MHz bandwidth centered on the 
frequency at which the maximum average power level is realized.
    (3) The EIRP limits for LPR operations in the bands authorized by 
this rule section are provided in the following table:

------------------------------------------------------------------------
                                                 EIRP limit   EIRP limit
       Frequency band of operation (GHz)          in 1 MHz    in 50 MHz
                                                   (dBm)        (dBm)
------------------------------------------------------------------------
5.925-7.250...................................          -33            7
24.05-29.00...................................          -14           26
75-85.........................................           -3           34
------------------------------------------------------------------------

     (g) Unwanted Emissions Limits
    (1) All emission limits provided in this section are expressed in 
terms of Equivalent Isotropic Radiated Power (EIRP) and are computed 
based on the maximum average power level measured within any 1-MHz 
bandwidth.
    (2) Unwanted emission limits applicable to LPR devices shall not 
exceed the general emission limits in Sec.  15.209.
    (h) Antenna Beamwidth
    (1) LPR devices operating under the provisions of this section 
within the 5.925-7.250 GHz and 24.05-29.00 GHz bands must use an 
antenna with a maximum half-power beamwidth of 12 degrees.
    (2) LPR devices operating under the provisions of this section 
within the 75-85 GHz band must use an antenna with a maximum half-power 
beamwidth of 8 degrees.
    (i) Antenna Side Lobe Gain
    (1) LPR devices operating under the provisions of this section must 
limit the side lobe antenna gain to -10 dBi for off-axis angles from 
the main beam of greater than 60 degrees.
    (j) Measurement Procedures
    (1) Radiated measurements of the fundamental emission bandwidth and 
power shall be made with maximum main beam coupling between the LPR and 
test antennas (boresight).
    (2) Measurements of the unwanted emissions radiating from an LPR 
shall be made utilizing elevation and azimuth scans to determine the 
location at which the emissions are maximized.
    (3) All emissions at and below 960 MHz are based on measurements 
employing a CISPR quasi-peak detector.
    (4) The fundamental emission bandwidth measurement shall be made 
using a peak detector with a resolution bandwidth of 1 MHz and a video 
bandwidth of at least 3 MHz.
    (5) The provisions in Sec.  15.35(b) and (c) of this part that 
require emissions to be averaged over a 100 millisecond period and that 
limit the peak power to 20 dB above the average limit do not apply to 
devices operating under this section.
    (6) Compliance measurements of frequency-agile LPR devices shall be 
performed with any related frequency sweep, step, or hop function 
activated.
    (7) Compliance measurements shall be made in accordance with the 
specific procedures published or otherwise authorized by the 
Commission.

[FR Doc. 2012-9984 Filed 4-27-12; 8:45 am]
BILLING CODE 6712-01-P


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