[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Proposed Rules]
[Pages 12120-12136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04032]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 15, 90, and 95

[ET Docket Nos. 15-26, 11-90, 10-28, RM-11555, RM-11666, and WT Docket 
No. 11-202; FCC 15-16]


Operation of Radar Systems in the 76-81 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) proposes to authorize radar applications in the 76-81 GHz 
band. The Commission seeks to develop a flexible and streamlined 
regulatory framework that will encourage efficient, innovative uses of 
the spectrum and to allow various services to operate on an 
interference-protected basis. In doing so, it further seeks to adopt 
service rules that will allow for the deployment of the various radar 
applications in this band, both within and outside the U.S. The 
Commission takes this action in response to a petition for rulemaking 
filed by Robert Bosch, LLC (Bosch) and two petitions for 
reconsideration of the 2012 Vehicular Radar R&O.

DATES: Comments must be filed on or before April 6, 2015, and reply 
comments must be filed on or before April 20, 2015.

FOR FURTHER INFORMATION CONTACT: Aamer Zain, Office of Engineering and 
Technology, (202) 418-2437, email: <a href="/cdn-cgi/l/email-protection#92f3f3fff7e0bce8f3fbfcd2f4f1f1bcf5fde4"><span class="__cf_email__" data-cfemail="492828242c3b6733282027092f2a2a672e263f">[email protected]</span></a>, TTY (202) 418-
2989.

ADDRESSES: You may submit comments, identified by ET Docket No. 15-26, 
by any of the following methods:
    [ssquf] Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    [ssquf] Federal Communications Commission's Web site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
    [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#367075750306027650555518515940"><span class="__cf_email__" data-cfemail="53151010666367133530307d343c25">[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 Notice 
of Proposed Rulemaking and Reconsideration Order, ET Docket No. 15-26, 
RM-11555, RM-11666, ET Docket Nos. 11-90, 10-28 and WT Docket No. 11-
202; FCC 15-16, adopted February 3, 2015, and released February 5, 
2015. 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.
    Pursuant to Sec. Sec.  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 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.

[[Page 12121]]

    [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="a9cfcaca9c999de9cfcaca87cec6df">[email protected]</a> or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

Summary of Notice of Proposed Rulemaking

    1. In the Notice of Proposed Rule Making and Reconsideration Order 
(NPRM), the Commission proposes rules that will accommodate the 
commercial development and use of various radar technologies in the 76-
81 GHz band under part 95 of its rules. These proposals include 
allocation changes to the bands as well as provisions to ensure that 
new and incumbent operations can share the available frequencies in the 
band. Specifically, the Commission seeks comment on the following 76-81 
GHz band matters;
    <bullet> Expanding radar operations in the 76-81 GHz band;
    <bullet> Modifying the Table of Frequency Allocations to provide an 
allocation for the radiolocation service in the 77.5-78 GHz band;
    <bullet> Authorizing the expanded radar operations on a licensed 
basis under part 95;
    <bullet> Shifting vehicular and other users away from the existing 
part 15 unlicensed operating model; and
    <bullet> Evaluating the compatibility of incumbent operations, 
including that of amateur radio, with radar applications in the 77-81 
GHz band.

Collectively, these actions propose a unified approach for providing 
allocation and service rules for the various types of radar 
applications that will operate within the 76-81 GHz range.

Background

    2. The 76-77.5 GHz and 78-81 GHz bands are allocated to the Radio 
Astronomy service (RAS) and the Radiolocation service on a primary 
basis and to the Amateur and Space research (space-to-Earth) services 
on a secondary basis. The 77.5-78 GHz band is allocated to the Amateur 
and Amateur-Satellite services on a primary basis and to the Radio 
astronomy and Space research (space-to-Earth) services on a secondary 
basis. Discussed further are primary radiolocation services that are 
allocated in the 76-77.5 GHz and 78-81 GHz bands.
    3. These bands are in the region of the radiofrequency spectrum 
known as ``millimeter wave'' spectrum. At these frequencies, radio 
propagation decreases more rapidly with distance than at lower 
frequencies and antennas that can narrowly focus transmitted energy are 
practical and of modest size. While the limited range of such 
transmissions might be a disadvantage for many applications, it does 
allow frequency reuse within very short distances and thereby enables a 
higher concentration of transmitters in a geographical area than is 
possible at lower frequencies.
    4. In recent years, the Commission has sought to make frequencies 
in the 76-81 GHz range available for new and innovative radar 
applications that can provide important benefits to the public at 
large. In a series of rulemaking proceedings that date back to 1995, 
the Commission has established rules to allow the use of this spectrum 
by automotive collision avoidance radar applications (``vehicular 
radars'') and radar systems that detect foreign object debris (FOD) at 
airport facilities (``FOD detection radars''). Vehicular radars are 
authorized under part 15 of our rules, while FOD detection radars 
currently are permitted to operate under parts 15 and 90 of the 
Commission's rules.

Vehicular Radar

    5. Vehicular radars can determine the exact distance and relative 
speed of objects in front of, beside, or behind a car to improve the 
driver's ability to perceive objects under bad visibility conditions or 
objects in blind spots. In 1995, the Commission adopted rules to allow 
the use of the 76-77 GHz band by vehicular radars on an unlicensed 
basis. These provisions were limited to vehicle-mounted radars; fixed 
applications were not permitted.
    6. On May 24, 2011, Toyota Motor Corporation filed a petition to 
modify the technical rules for vehicular radars to allow greater 
flexibility in vehicular radar applications. In response, the 
Commission issued a Notice of Proposed Rule Making (Vehicular Radar 
NPRM) and subsequently issued a Report and Order (Vehicular Radar R&O) 
modifying the part 15 rules for vehicular radars in the 76-77 GHz band. 
The Commission, inter alia, modified the rules to specify average and 
peak radiated emission limits in equivalent EIRP and power density 
units so that manufacturers could use either specification to express 
the emissions from their devices.
    7. Vehicular radar technology has continued to evolve, and industry 
has developed more enhanced and cost-effective long-range vehicular 
radars (LRR) in the 76-77 GHz band. Developers of these technologies 
claim that the existing 1 gigahertz bandwidth used by LRR is 
insufficient to develop high-resolution short-range vehicular radars 
(SRR) that can implement safety features such as collision warning, 
lane departure warning, lane change assistance, blind-spot detection, 
and pedestrian protection. As background, LRRs have narrow beams with 
bandwidth less than1 gigahertz and typical spatial resolution of 0.5 
meters. Their range of operation is up to 150 to 250 meters. SRRs on 
the other hand have wide beam with bandwidths up to 4 gigahertz and 
typical spatial resolution of 0.1 meters. Their range of operation is 
up to 30 meters.
    8. Recently, Bosch filed a petition for rulemaking to modify Sec.  
15.253 of the Commission's rules to expand the operation of unlicensed 
vehicular radar systems from 76-77 GHz to the 76-81 GHz band to develop 
SRR applications. It claims that the additional 4 gigahertz bandwidth 
will provide SRR with both frequency separation from LRR and the 
necessary bandwidth for range accuracy, angular accuracy, and good 
object discrimination.
    9. On July 17, 2012, the Commission issued a public notice seeking 
comment on Bosch's petition. The petition drew general support from the 
automotive industry, opposition from an individual amateur radio 
operator and interest from two developing non-vehicular radio 
applications for the band. Specifically, eight parties filed comments 
and three parties submitted ex parte written communications.

Millimeter Wave Band Radar Operation at Airports

    10. The Commission has recognized the benefits associated with 
radars that can detect FOD at airports. Generally speaking, FOD include 
any substance, debris, or object that can damage aircraft or equipment. 
FOD can seriously threaten the safety of airport personnel and airline 
passengers and can have a negative impact on airport logistics and 
operations. According to the Federal Aviation Administration (FAA), FOD 
``has the potential to damage aircraft during critical phases of 
flight, which can lead to catastrophic loss of life and airframe, and 
at the very least increased maintenance and operating costs.'' 
Moreover, the direct maintenance costs to airlines caused by FOD have 
been estimated to be one to four billion dollars per year. The 
Commission

[[Page 12122]]

provides for both unlicensed FOD detection radar use in the 76-77 GHz 
band under its part 15 rules and licensed FOD detection radar use in 
the 78-81 GHz band under its part 90 rules.
    11. Interest in using the millimeter wave bands to support FOD 
detection radars dates back to February 23, 2009, when Era Systems 
Corporation (``Era'') requested for waiver of Sec. Sec.  2.803, 15.201 
and 15.253 of the Commission's rules. In response, the Office of 
Engineering and Technology issued a public notice seeking comments on 
Era waiver request and later granted Era a limited waiver to allow the 
installation of radar systems at Hartsfield-Jackson Atlanta 
International Airport.
    12. Also in a separate proceeding, Era filed comments asking the 
Commission to amend its part 15 rules to permit fixed use of 76-77 GHz 
radars at airports for monitoring air traffic and airport service 
vehicles only. The Office of Engineering and Technology (OET) decided 
to treat ERA's comments as a Petition for Rulemaking, and consolidated 
Era and Vehicular Radar petitions into single rule making proceeding in 
the 76-77 GHz band. During the course of this proceeding, Xsight 
Systems Ltd. (Xsight) filed ex parte comments in support of Era and 
asked the Commission to allow operation of FOD detection radars in the 
76-77 GHz band at airport locations only.
    13. Subsequently, as part of the Vehicular Radar NPRM, the 
Commission examined the use of fixed radar systems in the 76-77 GHz 
band and proposed to allow such use at any location, rather than 
restrict their use to only airport locations per the Era petition for 
rulemaking. The Commission stated that limiting fixed radar operations 
to specific locations such as airports might be overly restrictive and 
could unnecessarily burden the public. In the subsequent Vehicular 
Radar R&O, the Commission permitted unlicensed operation of fixed 
radars, including FOD detection radars, in the 76-77 GHz band at 
airport locations. It permitted such operation on an unlicensed basis 
under the same part 15 rules and with the same emission limits that it 
applied to vehicular radars in the band.
    14. Licensed FOD detection radar can be traced to an August 10, 
2010, petition for Rulemaking in which Trex Enterprises Corporation 
(Trex) asked us to amend part 90 of the Commission'sr rules to permit 
FOD detection radars to operate in the 78-81 GHz band and to impose 
service rules that require each airport location to be individually 
licensed to operate FOD detection radars. The Commission subsequently 
issued a Notice of Proposed Rule Making and Order seeking comment on 
the best way to enable the use FOD detection radars. On July 11, 2013, 
the Commission adopted a Report and Order that permitted the 
certification, licensing, and use of FOD detection radars in the 78-81 
GHz band under our part 90 rules. In that Report and Order, the 
Commission did not adopt technical specifications for FOD detection 
radars, see 78 FR 45072, July 26, 2013. The Commission addresses this 
issue herein.

Petitions for Reconsideration

    15. Our evaluation of the 76-81 GHz band also implicates two 
outstanding petitions for reconsideration. Both petitions were filed in 
response to the Vehicular Radar R&O that modified our part 15 rules to 
permit vehicular radar technologies and airport-based fixed radar 
applications in the 76-77 GHz band.
    16. The first petition concerns the scope of fixed infrastructure 
applications in the 76-77 GHz band. In the Vehicular Radar R&O, the 
Commission stated that it continues to believe that vehicular radars 
should be able to share the band with fixed radars operating at the 
same levels and noted that there were no conclusive test results 
indicating that there would be incompatibility issues between the two 
types of radars. It nevertheless declined to adopt provisions for 
unlicensed fixed radar operations outside of airport locations in the 
76-77 GHz band, stating that no parties had come forward to establish a 
clear demand for fixed radar applications beyond such locations. 
Navtech Radar (Navtech) asks that the Commission reconsider this 
decision. Navtech claims that evidence suggests the band can be more 
broadly shared between vehicular and fixed radars, and that there is 
demand for new fixed radar applications that are not permitted under 
the current rules. Numerous parties, including representatives of the 
automotive industry, oppose the Navtech petition on both substantive 
and procedural grounds. In a subsequent ex parte presentation, Navtech 
reiterated its claims.
    17. Second, Honeywell International, Inc. (Honeywell) asks that the 
Commission clarify that Sec.  15.253(a) of its rules does not prohibit 
the operation of 76-77 GHz band radar devices located on aircraft while 
the aircraft are on the ground. Honeywell envisions that its radar 
application will help aircraft avoid collisions with other aircraft, 
stationary objects, and service vehicles.
    18. Numerous representatives of the automotive industry as well as 
Xsight Systems, Inc., filed to oppose the Honeywell petition. These 
parties raised procedural arguments--that the issue of removing the 
current prohibition on the use of 76-77 GHz frequency range on aircraft 
or satellite was not properly raised in the proceeding and is otherwise 
outside the scope of the decision--as well as claims that there is 
insufficient evidence that both aircraft-mounted and vehicular radars 
can co-exist in the 76-77 GHz band. In response, Honeywell claims that 
the issues it raises are within the scope of the Commission's 
rulemaking proceeding, that there is no technical reason why aircraft-
mounted radar cannot operate in the 76-77 GHz band while the aircraft 
is on ground, and that there is an urgent and recognized public 
interest need for the anti-collision benefits its aircraft-mounted 
radars can provide.
    19. The Commission originally adopted rules to allow use of the 76-
77 GHz band, limited to vehicle-mounted radars. It recognized concerns 
raised by the Committee on Radio Frequencies (CORF) of the National 
Academies about potential interference to radio astronomy operations, 
and prohibited the use of 76-77 GHz unlicensed devices aboard aircraft 
and satellites as a way to protect the radio astronomy services. Any 
change to the restriction on the use of 76-77 GHz unlicensed devices 
aboard aircraft and satellites was neither part of the Vehicular Radar 
NPRM nor of the subsequent Vehicular Radar R&O.

Radio Astronomy Service

    20. The radio astronomy service is a passive service that receives 
radio waves of cosmic origin to better understand our universe. 
Astronomical research above 50 GHz is particularly well suited for 
studies of star formation, the properties of the interstellar medium, 
the chemical evolution of the Universe, detection of extra-solar 
planets and many other phenomena. RAS has a mix of primary and 
secondary allocations that span the 76-81 GHz band. RAS installations 
are remotely located to provide interference protection from active 
services. The Commission previously concluded that there is very 
negligible risk of potential interference to RAS equipment from 
vehicular radars in the 76-77 GHz band. The Commission also concluded 
that unlicensed FOD detection equipment would not cause harmful 
interference to RAS equipment as both applications only operate fixed 
stations, are limited

[[Page 12123]]

in number and are not located in close proximity.

Amateur

    21. In addition to the above services, the Commission also allows 
amateur radio use within the 76-81 GHz band. Generally speaking, 
amateur operators use radio spectrum for private recreation, non-
commercial exchange of messages, wireless experimentation, self-
training, and emergency communication purposes. The amateur radio 
community previously stated that the frequencies in the 76-81 GHz range 
(which it identifies as the ``4 mm band'') are well suited for 
experiments relating to short-range high-speed data communication. The 
Commission has previously considered compatibility issues for amateur 
operations with vehicular radar and FOD detection radar operations. In 
light of concerns about interference between amateur operations and 
vehicular radars, the Commission imposed (and, more recently, 
maintained) a suspension of the amateur-satellite service allocation in 
the 76-77 GHz band.

Level Probing Radar

    22. An additional permitted operation in the 77-81 GHz band is that 
of level probing radars (LPRs) which operate on an unlicensed basis 
under part 15. LPRs are used to measure the amount of various materials 
contained in storage tanks or vessels or to measure water or other 
material levels in outdoor locations. They are typically mounted inside 
storage tanks or on bridges or on other elevated structures in outdoor 
locations, and emit radio frequency (RF) signals through an antenna 
aimed downwards to the surface of the substance to be measured. The 
Commission recently concluded that LPR devices would be able to co-
exist successfully with vehicular radars. It based its conclusion on 
the nature of LPR equipment, which is installed in a downward-looking 
position at fixed locations, and because the main-beam emission limits 
have been carefully calculated to avoid harmful interference to other 
radio services.

Notice of Proposed Rulemaking

    23. The Commission undertakes this proceeding to expand the 
available spectrum for radar operations in the 76-81 GHz band. 
Specifically, it proposes to add rules for radars in the 76-81 GHz band 
as licensed services under part 95 of our rules. In doing so, the 
Commission recognizes that the millimeter wave bands support numerous 
beneficial services and incumbent operations, including vehicular 
radars, radio astronomy, FOD detection radars, level probing radars and 
amateur applications, and that this frequency band could host other 
additional applications in the future. The following discussion 
addresses the compatibility issues among services and proposes rules to 
authorize vehicular radars, FOD detection radars, fixed infrastructure 
radars and aircraft-mounted radars in the 76-81 GHz band. As with other 
spectrum users, the Commission seeks to promote the efficient use of 
these resources by radar applications.

Vehicular Radar

    24. The Commission recognizes that the usage of vehicular radar 
applications has continued to grow and evolve since the Commission 
issued the Vehicular Radar R&O, and that providing expanded access to 
the 76-81 GHz band could help those applications deliver important 
public benefits. Therefore, the Commission has set forth, a compressive 
approach for authorizing vehicular radars in the 76-81 GHz band while 
maintaining a view to ensuring an efficient use of spectrum by radar 
applications.
    25. The Commission's proposals are informed in large part by the 
Bosch petition, which was filed on behalf of the ``79 GHz Project''--an 
industry-backed group that seeks to make the 77-81 GHz frequency range 
available for short-range automotive radar systems on a worldwide 
basis. In its petition, Bosch describes the development of short-range 
radar (SRR) applications that are used for both active and passive 
automotive safety applications. According to Bosch, SRR active safety 
applications include ``stop and follow,'' ``stop and go,'' autonomous 
braking, firing of restraint systems and pedestrian protection. Passive 
safety applications include obstacle and pedestrian avoidance, 
collision warning, lane departure warning, lane change aids, blind spot 
detection, parking aids and airbag arming. Collectively, collision-
warning systems, vehicle environmental sensing systems, and other SRR 
applications are referred to as a ``safety belt'' for vehicles. As a 
practical matter, these applications offer new and tangible ways to 
enhance the safety of the Nation's drivers, and to meet important 
automotive safety objectives.
    26. The Commission proposes to make additional spectrum available 
for vehicular radars to accommodate the new SRR applications. As an 
initial matter, Bosch contends that sharing studies conducted by the 
automotive industry have concluded that sharing is not achievable 
between the LRR systems that are currently deployed in the 76-77 GHz 
band and new high-resolution SRR applications, due to foreseeable 
saturating interference from LRRs into SRRs (but not vice-versa). Bosch 
claims that in such a co-channel environment, the SRRs would be jammed 
due to the lack of frequency separation. Bosch further notes that the 
76-77 GHz band has already been designated for vehicular and 
infrastructure radar systems in the United States pursuant to Sec.  
15.253, and in Europe pursuant to ECC Decision ECC/DEC/(02)01 on Road 
Transport and Traffic Telematic (RTTT) systems, and is used for such 
LRR applications as Adaptive Cruise Control (ACC) systems, with a 
maximum bandwidth of 1 gigahertz. For these reasons, it asserts that a 
common band between the two systems is not feasible, and that the 
Commission should identify alternate spectrum for SRR use.
    27. Bosch identifies a 4 gigahertz-wide band in the 77-81 GHz range 
for SRR applications. Other automotive interests support Bosch's 
request. They argue that the existing LRR systems must be supplemented 
by a wider bandwidth segment of up to 4 gigahertz for SRRs to perform 
effectively. They contend that greater bandwidth leads to better range 
separation and object discrimination that enables SRRs to implement 
functions such as pedestrian/automotive collision avoidance, side 
impact warning, and roadwork avoidance. Trex, however, urges the 
Commission to examine closely the need for 4 GHz of bandwidth for 
automotive radars in the context of ensuing efficient and flexible use 
of our spectrum resources, and asks that in addressing Bosch's request, 
the Commission also ensure that any rules that it adopts do not 
unreasonably restrict additional, valuable uses of the band. The 
Commission seeks comment on how the FCC can accommodate SRR 
applications while ensuring efficient and flexible use of spectrum by 
radar applications.
    28. The Commission finds merit in Bosch's request, and proposes to 
grant SRR applications access to additional spectrum apart and distinct 
from the spectrum currently used for LRR. In particular, the Commission 
proposes to provide up to 4 gigahertz of bandwidth for SRRs so that 
these radars can gather information about objects with a sufficient 
resolution. Moreover, the extensive catalogue of enhanced features 
supported by SRR and the expectation that their deployment will become 
more widespread suggests that the public interest would be served by 
providing SRR with expanded access to

[[Page 12124]]

the 77-81 GHz band. Given that the LRR applications use a narrower 
bandwidth than that used by SRR applications, the SRR applications will 
have a lower transmit power density level than that for LRR 
applications and therefore will have low likelihood for causing any 
potential interference. The Commission seek comment on these 
observations.
    29. The Commission also believes that the spectrum identified by 
Bosch--the 77-81 GHz band--is a good fit for vehicular radar. At these 
millimeter wave frequencies, radio propagation losses increase more 
rapidly with distance than at lower frequencies and antennas that can 
narrowly focus transmitted energy are practical and of modest size. 
While the limited range of such transmissions might appear to be a 
major disadvantage for many applications, it does allow the reuse of 
frequencies within very short distances and, thereby enables a higher 
concentration of transmitters to be located in a geographic area than 
is possible at lower frequencies. This characteristic makes the band 
especially desirable as vehicular radars become more common throughout 
the transportation ecosystem. Moreover, these frequencies are adjacent 
to the 76-77 GHz band, which has already proven to be well suited for 
LRR applications. Because manufacturers can adapt equipment already 
designed to operate in the 76-77 GHz band, they will enjoy the benefits 
of expanded radar use at a lower cost than if they had to design 
equipment for a different non-adjacent band.
    30. As Bosch notes in its petition, permitting vehicular radars 
throughout the 76-81 GHz band can also support industry efforts to 
consolidate vehicular radar into an internationally harmonized 
frequency band. Materials prepared by the 79 GHz project indicate that 
the 77-81 GHz band is already available for SRR applications in many 
parts of the world, including Europe, Australia, Russia, and Chile, and 
is in progress in many others. Bosch and Continental further note that 
the 2015 World Radio Communication Conference is expected to adopt an 
allocation to support the operation of vehicular radars in the 76-81 
GHz range on a worldwide basis. In response to the Bosch petition, 
several commenters contend that global spectrum harmonization of LRRs 
at 76-77 GHz and SRRs at 78-81 GHz will reduce prices and will 
encourage deployment of automotive radars in lower-cost vehicles. 
Lastly, the National Telecommunications and Information Administration 
(NTIA), in prior matters regarding vehicular radars operating in the 24 
GHz band, encouraged us to continue to monitor technology advancements 
in the 77-81 GHz range and committed to ``work with the Commission to 
ensure that an adequate frequency allocation in the 77-81 GHz band is 
available for the operation of vehicular radar systems.''
    31. The Commission believes that new proposed radar operations will 
be compatible with incumbent operations in the 76-81 GHz band. As a 
general matter, the same technical principles that already allow 
successful shared operation in the 76-77 GHz band should apply in the 
larger 76-81 GHz range.
    32. In the Vehicular Radar R&O, the Commission has already 
established that vehicular radars and RAS are compatible in the 76-77 
GHz band. In that proceeding, it noted that the National Science 
Foundation (NSF) sponsored a study documenting measurements performed 
jointly by representatives from the radio astronomy community and 
several vehicular radar manufacturers in which vehicular radar 
emissions were measured in the 77-80 GHz range. Tests performed in the 
study with stationary short range vehicular radar systems, positioned 
at distances of 1.7 km and 26.9 km from the University of Arizona's 12 
Meter millimeter wave telescope, demonstrated that these radars could 
have a significant impact upon radio astronomy observations in the 77 
to 81 GHz region. The Joint Study concludes that a zone of avoidance of 
about 30 to 40 km around a mm-wave observatory would be needed, in 
order to keep interference from a single vehicle below the threshold 
defined in ITU-R RA.769-2. It further concludes that smaller zones of 
avoidance might suffice in areas without direct line of sight to the 
radio telescope and/or by taking mitigation factors into account. The 
study acknowledged that mitigation factors, such as terrain shielding, 
orientation of the vehicular radar transmitter antenna with respect to 
the observatory, or attenuation of the vehicular radar transmitter if 
mounted behind the vehicle bumper, were not taken into account and 
would tend to reduce the distance at which interference could occur. 
Commenters offered mixed views on the interference issue; however, none 
offered specific reasons to refute the conclusions in the study. The 
Commission therefore seeks comment on the conclusions of the study and 
how the results of the study would impact a proposal to adopt technical 
requirements for the entire 76-81 GHz band similar to the existing 
vehicular radars operating in 76-77 GHz band. How can mitigation 
factors be used to reduce interference to radio observatories? The 
Commission invites interested parties to comment on the potential for 
such interference. In particular, it invites interested parties who 
believe that the NSF study does not accurately describe the potential 
for such interference to submit evidence in the record sufficient to 
support their arguments. The Commission also seeks comment on whether 
the potential for interference resulting from vehicular radars in the 
76-77 GHz band is likely to be similar to or different from the 
potential for such interference in the entire 76-81 GHz band. Finally, 
the Commission seeks comment on whether the mitigation factors 
identified in the study should be implemented for vehicular radars.
    33. The Commission also believes that vehicular radar use in the 
expanded frequency range of 77-81 GHz will be compatible with FOD 
detection radars and LPR devices in that range. Although the Commission 
discusses proposals to expand the use of FOD detection radars in 
detail, it tentatively concludes here the same principles that informed 
our conclusion in the Vehicular Radar R&O that these uses are 
compatible in the 76-77 GHz band also apply in the 77-81 GHz band. The 
Commission believes that the limited geographic usage of FOD detection 
radars (i.e. at airports and not illuminating public roadways) along 
with the propagation characteristics of the millimeter wave band yields 
negligible risk of interference potential between vehicular and FOD 
detection radars. In the expanded 76-81 GHz frequency range, the 
Commission similarly believes that LPR devices will be able to continue 
to co-exist with vehicular radars. LPR equipment is installed in a 
downward-looking position at fixed locations and the main-beam emission 
limits have been carefully calculated to avoid receiving or causing 
harmful interference to other radio services. The Commission seeks 
comment on these observations and tentative conclusions.
    34. In its petition, Bosch states that it expects no interference 
issues between Amateur Radio operation and vehicular radar operations 
at 77-81 GHz. It notes that it is unconvinced after several meetings 
with the technical staff of ARRL that there is any ``significant 
incompatibility'' and describes how amateur operations in the band 
``tend to be largely experimental, occurring in geographic areas such 
as mountaintops and other rural areas where motor vehicle operation is 
not typical.'' However, the Commission has previously recognized 
evidence of potential interference conflicts between

[[Page 12125]]

the amateur-satellite service and vehicular radar systems in the 76-77 
GHz band. Given that similar propagation characteristics exist 
throughout the millimeter wave band frequencies, there appears to be 
the potential for similar compatibility issues to exist between the 
amateur-satellite service and vehicular radar systems above 77 GHz. The 
Commission seeks to expand its record on the compatibility between 
amateur and vehicular radar services. In particular, are there any 
mitigation strategies for compatibility between the two services? Are 
there any additional interference or compatibility studies that may 
exist on the subject? The goal is to adopt rules that address amateur 
use, including amateur satellite use, within the 76-81 GHz band in a 
comprehensive and consistent manner.
    35. In its proposal, Bosch suggests that the Commission support SRR 
in the 77-81 GHz band by modifying our existing part 15 rules. Because 
the existing vehicular radars are governed under our rules for 
unlicensed devices, they may not cause interference to licensed 
services, and must accept interference from both licensed and 
unlicensed users. For reasons discussed in more detail below, this 
regulatory structure may not be the most appropriate fit. Nevertheless, 
the Commission seeks comment on the proposal.
    36. The Commission is proposing an approach by which it would 
establish vehicular radars as a service licensed by rule within part 95 
of its rules under a radiolocation allocation, but also seek comment on 
other options, including authorizing an expansion of vehicular radars 
under the current part 15 model. The Commission's approach in proposing 
to migrate vehicular radar services from part 15 to part 95 of its 
rules is based on several factors. A licensed approach would make the 
76-81 GHz vehicular radar services consistent with other 
transportation-related services currently operating under parts 90 and 
95 of the rules--in particular, the 5.9 GHz Dedicated Short-range 
Communication (DSRC) services, a Department of Transportation 
initiative to integrate communication and information technology to 
advance transportation systems. Additionally, Bosch, in its petition, 
states that SRRs in the 79 GHz band ``require a certain (albeit low) 
degree of interference protection in order to function adequately.'' A 
unified licensed approach for all vehicular radars under our part 95 
rules can offer a level of interference protection that the part 15 
rules cannot provide. While the Commission notes that Bosch proposes 
modifying only the existing part 15 rules to support vehicular radar 
applications, it does not anticipate any opposition from Bosch for a 
licensing approach under the part 95 rules. Finally, in light of these 
considerations and the ongoing work to adopt an international 
allocation to support the operation of vehicular radars in the 76-81 
GHz range on a worldwide basis, the Commission seeks comment on 
licensing by rule, pursuant to part 95, the proposed 77-81 GHz 
vehicular radar services the Commission proposed and on migrating 
existing 76-77 GHz vehicular radar services to part 95 of the s rules. 
In particular, the Commission seeks comment on any benefits or 
drawbacks such an approach would provide and whether it would be 
appropriate to continue to authorize vehicular radars on an unlicensed 
basis.
    37. The Commission's Personal Radio Services rules, codified in 
part 95, provide for a variety of personal communications, radio 
signaling, and business communications. In addition, many of these 
services are licensed by rule--that is, a user is not required to 
obtain an individual license document and is instead authorized to 
operate so long as it does so in accordance with the applicable service 
rules. Radio services licensed in this manner--such as the Family Radio 
Service and the Wireless Medical Telemetry Service--are typically 
designed to support a particular type of application (e.g. voice 
communication or telemetry), and its users must cooperatively share use 
of the spectrum. The Commission believes such an arrangement is a good 
match for vehicular radars--especially because it would likely be 
impractical to individually license users (e.g. each vehicle owner or 
driver) and because the nature of the millimeter wave band makes it 
possible for LRR and SSR vehicular radars to share use of the band. 
Accordingly, the Commission proposes to modify part 95 of our rules to 
incorporate the range of frequencies available to vehicular radars 
under a new 76-81 GHz Band Radar Service. In addition, by making 
vehicular radars authorized as a licensed service, the Commission would 
also promote greater regulatory parity with other radar applications, 
including the FOD detection radars and other types of radars that it 
discusses in detail in the following text, in the band. The Commission 
seeks comment on this proposal.
    38. Under the proposed rules, the Commission would adopt the same 
emission limits as those defined in its rules for unlicensed vehicular 
radars in the 76-77 GHz band for the entire 76-81 GHz band, and to 
likewise adopt technical specifications that mirror those currently 
provided under the Commission's part 15 rules for the newly expanded 
radar band. The Commission does not propose to distinguish between SRR 
and LRR operations in our rules, but instead rely on the market to 
determine the appropriate portions of the 76-81 GHz band for particular 
types of vehicular radar applications. As noted in the Bosch petition, 
as well as the related comment record, it already appears that there is 
widespread industry consensus on locating new SRR applications above 77 
GHz. The Commission seeks comment on the applicability of these rules 
for both SRR and LRR across the 76-81 GHz band. Commenters that 
advocate different rules should provide detailed technical analyses 
showing how their preferred rules will provide for both SRR and LRR in 
the band as well as minimize any potential harmful interference with 
other services. In addition, the Commission seeks comment on our 
proposal not to specify specific portions of the band for SRR and LRR, 
but instead to rely on the market and the standards process to 
determine the best use of the available bandwidth. The Commission is 
proposing to upgrade the allocation status of the radiolocation service 
in the 77.5-78 GHz band. Currently the radio astronomy and space 
research (space-to-Earth) services are allocated on a secondary basis 
in the 77.5-78 GHz band. Should the radio astronomy and space research 
services also be upgraded to a primary allocation status in the 77.5-78 
GHz band?
    39. To support the expanded frequency range for vehicular radar 
use, the Commission proposes to allocate the 77.5-78 GHz band segment 
to the radiolocation service on a co-primary basis for Federal and non-
Federal use. This would result in a co-primary allocation throughout 
the entire 77-81 GHz band. The Commission seeks comment on this 
allocation proposal.
    40. Alternatively, the Commission seeks comment on whether 
vehicular radars should continue to operate as unlicensed devices under 
the part 15 rules. And, if so, whether FOD detection devices and other 
radar applications should be authorized in a consistent manner. Given 
anticipated extensive use of this spectrum, would band sharing under an 
unlicensed approach without any assurance of protection from harmful 
interference under the rules? What would be the relative benefits and 
disadvantages of unlicensed operation compared with the license-by-rule 
approach under part 95 or with the

[[Page 12126]]

individual station licensing under part 90? The Commission seeks 
comment on our proposals and these alternatives.
    41. Lastly, the Commission proposes to consolidate future vehicular 
radar use into the new 76-81 GHz band as part of our effort to ensure 
spectrally efficient use of resources. Currently, vehicular radars may 
operate on an unlicensed basis in the 16.2-17.7 GHz, 23.12-29.0 GHz, 
46.7-46.9 GHz, and 76-77 GHz bands. Continental, in its comments 
supporting the Bosch petition, notes that the use of the 24 GHz band 
for vehicular radars is being phased out in Europe and that ``the 
effect of the cessation of the use of that band in Europe will strongly 
affect availability of 24 GHz radars in the United States in the near 
term.'' In addition, the Commission's records indicate no 
certifications in the 16.2-17.7 GHz and 46.7-46.9 GHz bands, and only 
three certifications in the 23.12-29 GHz band. This record suggests 
that there is little or no use of vehicular radars outside the 24 GHz 
and 76-77 GHz bands.
    42. The Commission proposes to grandfather, for the life of the 
equipment, vehicular radars that are already installed or in use in the 
22-29 GHz band range. It may be financially burdensome and logistically 
difficult for automobile owners to upgrade existing equipment; 
alternately, discontinuing the use of these radars would mean that 
drivers might not be able to repair existing equipment or might have to 
forego useful safety features. The Commission intends to prohibit the 
certification of new vehicular radars that do not operate in the 76-81 
GHz range, effective 30 days from the date of publication of our final 
rules in the Federal Register. However, the Commission also believes 
that the ultimate transition of SRR applications from 22-29 GHz band to 
77-81 GHz is best driven by the marketplace. If not, the Commission 
seeks comment as to how should the life cycle of SRRs operating in the 
22-29 GHz band be taken into account in facilitating the transition of 
these radars to the 77-81 GHz band. The Commission also seeks comment 
on what appropriate methods of making a determination should be 
considered to set forth reasonable periods of time required for market 
place to make the 77-81 GHz band SRR readily available. To implement 
its proposal, the Commission intends to modify Sections 15.37, 15.252, 
15.253, and 15.515, as shown in the attached rules appendix. In 
addition, given that there appears to be no equipment certified to 
operate in the 16.2-17.7 GHz and 46.7-46.9 GHz bands, should the 
Commission instead delete the portions of those rules that relate to 
vehicular radars in those bands?

FOD Detection Radar

    43. As previously mentioned, FOD at airports includes any 
substance, debris, or object in a location that can damage aircraft or 
equipment. FOD detection radars currently operate under part 15 and 
under part 90 of the Commission's rules in the frequency bands 76-77 
GHz (unlicensed) and 78-81 GHz (licensed) respectively. However, the 
Commission only recently authorized and not yet established technical 
rules for licensed FOD detection radar operation under part 90.
    44. The Commission proposes to consolidate the FOD detection radar 
operations in the 76-81 GHz band under part 95 on a non-exclusive 
licensed basis. Also, with the introduction of specific technical 
requirements for these applications, the burden to facilitate 
coordination for these applications will be reduced. This proposal will 
afford an additional one gigahertz of spectrum (77-78 GHz), for these 
important applications. By providing a contiguous band of spectrum for 
FOD detection radars, the Commission can foster the development of 
technologically improved and cost-effective safety measures that will 
benefit both airport personnel and the general public. The 76-81 GHz 
band is well suited for FOD detection radar functions, including real-
time monitoring of the position and shape of the foreign objects debris 
on the runways and taxiways.
    45. As an initial matter, the Commission believes that the 
rationale for concluding that increased vehicular radar operations can 
be expanded throughout the 76-81 GHz band and such operations can co-
exist with FOD detection radars is broadly applicable. In other words, 
there is good reason to conclude that, if vehicular radars can co-exist 
with FOD detection radars in 76-77 GHz band, then both vehicular radars 
and FOD detection radars operating under the part 95 rules will be able 
to operate successfully throughout the 76-81 GHz band. Furthermore, the 
Commission believes that our proposal will not increase the 
interference potential to any other authorized services operating in 
the band. The services that the Commission proposes to reallocate to 
the 76-81 GHz band typically employ highly directional antennas both to 
detect vehicles or objects in a particular area and to compensate for 
the relatively high propagation losses over short distances at these 
frequencies. The narrow beams utilized by the FOD detection radars, the 
geographic location of operations, and the very high path losses in 
this region of the spectrum, should mitigate any potential 
interference. The location of FOD detection radars should prevent them 
from illuminating public roads, and should further reduce any 
likelihood of interference to vehicular radars while enabling airports 
to improve debris detection on the runways.
    46. Our proposal would result in all radar applications operating 
in the 76-81 GHz range--including vehicular radars and mobile and fixed 
radars used at airport only for FOD detection and for monitoring 
aircraft and airport service vehicles--being governed by a single new 
subpart in part 95. This approach will promote spectrum efficiency and 
maximize the shared use of our spectrum resource, while also providing 
a comprehensive and consistent set of rules and policies to govern each 
of the different types of radar applications. In the case of FOD 
detection radars, it reduces the application and licensing burdens that 
will be associated with operation in the 78-81 GHz band under the part 
90 model, and it offers the simplicity of operation under a singular 
licensing model. Also, the limited geographic use area and limited 
number of FOD detection radars alleviates any burdens associated with 
the sharing of spectrum. Thus, the Commission believes that the 
benefits in the unified licensing of FOD detection radars under part 95 
outweigh any burdens. The Commission seeks comment on these proposals.
    47. The Commission proposes to grandfather, for the life of the 
equipment, FOD detection radars that are already installed or in use in 
the 76-81 GHz band range. The Commission intends to prohibit the 
certification of new FOD detection radars, operating in the 76-81 GHz 
range, under part 90 of our Rules effective April 6, 2015. The 
Commission seeks comment on its proposals.

Fixed Radar

    48. The Commission proposes to adopt rules that would permit fixed 
radar infrastructure applications as discussed below. Fixed 
infrastructure radars can detect locations of stopped vehicles or 
pedestrians on roads, provide obstacle detection capability for 
industrial machinery including port cranes, mining trucks and 
locomotives, and provide security monitoring for government and public 
infrastructures. As previously mentioned, Navtech filed a petition for 
partial reconsideration asking the Commission to reconsider its 
decision that limited the use of fixed infrastructure radars in the 76-
77 GHz

[[Page 12127]]

band to airports only. The Commission's proposal largely tracks the 
issues Navtech raised in its petition.
    49. In the Vehicular Radar NPRM, the Commission stated that the 
proposal to limit fixed radar operations to specific locations such as 
airports or other places where fixed radars would not illuminate public 
roads may be overly restrictive and could cause unnecessary burdens to 
the public if implemented. The Commission stated that fixed radars 
operating at the same maximum power levels as vehicular-mounted radars 
would be even less likely to interfere with the RAS and Radiolocation 
services than vehicle-mounted radars because the locations where they 
are used would not change. The Commission stated that fixed radars 
should be able to co-exist with vehicular radars because they both 
operate with the same power level and use antennas with narrow beam-
widths, thus reducing the chances that the signal from one radar would 
be within the main lobe of the receive antenna of the other. In a 
worst-case scenario, where two radars are aiming directly at each 
other, fixed radar should have no more impact on vehicular radar then 
that by another radar located on a stationary vehicle. The Commission 
continues to believe this is the case.
    50. The Commission's decision in the Vehicular Radar R&O to 
restrict the use of fixed infrastructure radar operation to airports 
was based on the fact that no parties had come forward to establish a 
clear demand for fixed radar applications beyond airport locations in 
the band and there were no conclusive data indicating that there would 
be compatibility between the vehicular and fixed radar types. The 
Commission observes that Navtech's petition for partial reconsideration 
demonstrates that that there is demand for fixed infrastructure radars 
beyond airport locations. In its petition, Navtech describes current 
and future applications of fixed infrastructure radars. Examples of 
such current use includes monitoring tunnels or bridges for stopped 
vehicles, providing collision warning system for ship-to-shore cranes, 
and providing train detection for automatic control functions. 
Moreover, in April 2014, Mantissa Ltd. stated that it supported further 
proceedings consistent with the Navtech petition because it is 
interested in deploying fixed radar technologies in the United States 
for security applications.
    51. In the Vehicular Radar R&O, the Commission stated that it 
continued to believe that vehicular radars should be able to share the 
band with fixed radars operating at the same level and thinks those 
observations continue to be sound. At that time, the Commission noted 
that there were also no existing reports or studies that indicated 
incompatibility between the two types of radars. The Commission is 
unaware of any report or study that indicates incompatibility between 
the two types of radars, but the it recognizes that the record on this 
matter may still be evolving. The limited record that is available on 
this subject does not have the support of all interested parties in the 
matter. In the most recent comments received by the Commission in 
response to fixed infrastructure radars, the automotive industry 
opposes the use of these radars citing interference with vehicular 
radars. The automotive industry cites an ongoing study known as MOSARIM 
(More Safety for All by Radar Interference Mitigation), which suggested 
that vehicular radars and fixed infrastructure radars are incompatible 
due to the interference issues. Navtech, on the other hand, refutes the 
study and asserts that it was unfairly designed to favor the automotive 
industry. The Commission continues to believe that shared use by 
vehicular radars and fixed radars best promotes the public interest.
    52. The Commission seeks to update the record and is especially 
interested in whether there are interference studies or reports 
indicating compatibility or lack thereof between vehicular and fixed 
radars in the 76-77 GHz band. As mentioned before, the Commission 
continues to believe that where two radars are aiming directly at each 
other, fixed radar should have no more impact on a vehicular radar then 
that from a radar located on a stationary vehicle. The Commission seeks 
comment on its conclusion and is particularly interested in the 
arguments as to why or why not a fixed radar would be more interfering 
than a vehicular radar located on a stopped vehicle.
    53. While the Commission seeks broad comment on allowing the fixed 
infrastructure radar use within the 76-81 GHz range, it also asks 
commenters to address whether fixed infrastructure radars should be 
limited to the 76-77 GHz band. Because fixed infrastructure radars are 
intended to detect obstacles that are relatively large (e.g. 
pedestrians, vehicles, ships), a bandwidth of 1 gigahertz or less would 
appear to be sufficient for these fixed radars to identify the type and 
presence of such obstacles. For these reasons, the Commission is 
proposing to limit available bandwidth for fixed radars to 1 gigahertz 
and restricting operation to the 76-77 GHz band. Alternatively, the 
Commission seeks comment on other approaches for accommodating fixed 
radars. Such approaches could include permitting fixed infrastructure 
radars to operate in a different one gigahertz frequency range between 
77-81 GHz band, or allowing them in the entire 76-81 GHz band but with 
limited bandwidth usage of 1 gigahertz or less for any given operation. 
Our goal here is to seek efficient use of the spectrum, harmonize 
global use of the spectrum, and facilitate development of technologies 
that serve public interest and convenience.

Aircraft-Mounted Radar

    54. The Commission also seeks comment on expanding the use of radar 
in the 76-77 GHz band to provide for aircraft-mounted radars used only 
on the ground. This application, also referred to by Honeywell as 
``wingtip radar,'' is used while aircraft are on the ground to prevent 
and or mitigate the severity of aircraft wing collisions while planes 
are moving between gates and runways. This matter tracks the issues 
Honeywell first raised in its petition for reconsideration in ET Docket 
No. 10-28.
    55. The Commission believes that wingtip radar technologies can 
provide important public benefits. Aircraft wingtip collisions, which 
account for approximately 25 percent of all aircraft ground accidents, 
involve substantial costs, both in terms of repairs to aircraft and 
ground facilities and in lost time for passengers due to flight delays 
and cancellations. Honeywell asserts that mitigating the risk of 
wingtip collisions can reduce these costs and improve safety for both 
aviation personnel and the travelling public. The use of wingtip radar 
also appears to support National Transportation Safety Board (NTSB) 
safety recommendations regarding the use of anti-collision aids on 
aircraft.
    56. The Commission seeks to develop a full record on the 
compatibility of aircraft-mounted radar used only on the ground with 
the other applications in the 76-81 GHz band. At the time, Honeywell 
filed its petition, many automotive radar supporters expressed concern 
about the potential for interference. However, because the Commission 
expects that wingtip radars will be used in the same locations as FOD 
detection radars (that is, on airport property and, in the case of 
aircraft-mounted radars, only during taxi and other ground activities), 
and because the Commission has already tentatively concluded that FOD 
detection radars and automotive radars can successfully co-exist, it 
also tentatively concludes that aircraft-mounted radars should likewise 
be compatible with vehicular radars.

[[Page 12128]]

    57. As an initial matter, the Commission notes that there are 
functional differences between the FOD detection radar and wingtip 
radar applications that may promote compatibility between the two 
operations: wingtip radars can be useful during times of aircraft 
movement, such as taxiing between runways and ramp areas and while 
being pushed out of gates, while FOD detection appear to have high 
value in runway environments and before takeoff and landing. Therefore, 
it may be possible to create time and space separation between the FOD 
detection radar and wingtip radar application uses to reduce the 
potential for interference. In addition, the nature of the millimeter 
wave bands, as the Commission discussed supra, allows for extensive 
frequency reuse and can accommodate many discrete users. In response to 
Honeywell's petition, Xsight Systems--a manufacturer of FOD detection 
products--stated that it was ``in the process of setting up a meeting 
with Honeywell to . . . investigate whether a potential for 
interference exists between Xsight's system and equipment that would 
operate under Honeywell's proposal.'' The Commission seeks further 
information about the results of such discussions, as well as updated 
information about the status of wingtip radar product development.
    58. The Commission also seeks comment on whether it would be 
feasible to employ an automatic shut-off mechanism for wingtip radars 
that would prevent radar operation any time the aircraft is not on the 
ground. Are there existing aircraft components (such as altimeters) 
that could be used in conjunction with such a system, and if so, how 
easily could wingtip radar be integrated with such devices? Could such 
an automated system be easily deployable on all types of aircraft (e.g. 
commercial and personal)? The Commission tentatively concludes that it 
should adopt such an automatic shut-off mechanism, if such a mechanism 
is feasible, to protect the radio astronomy service from harmful 
interference that could be caused by inadvertent operation of a wingtip 
radar system while an aircraft is in flight. For this reason, the 
Commission proposes to distinguish wingtip radars from vehicular radars 
in our rules, as aircraft should not be considered as vehicles for 
purposes of radar use in the 76-81 GHz band. Finally, the Commission 
seeks comment on any compatibility issues with respect to other 
existing and proposed radar uses in the band, as well as to amateur 
radio users.
    59. While the Commission seeks broad comment on allowing wingtip 
radar use within the 76-81 GHz range, it notes that the wingtip radar 
may only require bandwidth of one gigahertz or less to detect obstacles 
in its path. For this reason, the Commission proposes to allow wingtip 
radars to operate with a bandwidth of 1 gigahertz in the 76-77 GHz 
band. Alternatively, and similar to the fixed radar proposals discussed 
above, the Commission seeks comment on other ways the it could 
accommodate wingtip radars. Such approaches could include permitting 
wingtip radars to operate in a different one gigahertz frequency range 
between 77-81 GHz band, or allowing them in the entire 76-81 GHz band 
but with limited bandwidth usage of one Gigahertz or less over any 
portion of the band. Our overall objective is to promote efficient use 
of the spectrum and facilitate development of technologies that will 
improve airport operations and provide important benefits to both 
airport personnel and the general public.

Amateur Radio Use

    60. In conjunction with our efforts to develop a comprehensive 
policy for use of the 76-81 GHz band, the Commission seeks comment on 
how it should structure future amateur 4 mm band use. As background, 
the Commission decided to temporarily restrict amateur station access 
to the 76-77 GHz band in 1998 to ensure against potential interference 
to what were then newly developing vehicular radar systems. The 
Commission observed that amateur station transmissions in the 76-77 GHz 
were not significant at the time, reasoned that its action would not 
have an immediate impact on amateur operators, and stated that it 
planned to revisit the issue later. In 2004, the Commission extended 
the amateur-satellite allocation suspension, citing interference issues 
and suggesting that it would be useful to consider the development of 
technical sharing criteria for the band. Bosch, in its petition, does 
not seek to alter the current 76-77 GHz arrangement.
    61. Based on our proposals for new vehicular and other radars in 
the 77-81 GHz band, the Commission proposes to adopt a comprehensive 
approach for amateur radio use on these frequencies. Given the 
continuing lack of technical sharing criteria or any other evidence of 
compatibility, should the Commission extend the 76-77 GHz amateur 
suspension to the entire 76-81 GHz band? If so, should the Commission 
modify the current amateur suspension of use of the 76-77 GHz band by 
removing all amateur allocations from the 76-81 GHz band? Alternately, 
would it be possible to lift our suspension of the amateur service and 
conduct both amateur and vehicular radar operations in the entire 76-81 
GHz band? The Commission tentatively concludes that there is no 
apparent technical reason to treat the 76-77 GHz and the 77-81 GHz 
bands differently. Commenters who believe that the Commission should 
continue to distinguish between the two bands should explain the 
reasons for doing so. The Commission also seeks comment on whether 
there are other approaches that would achieve compatibility between the 
amateur and radiolocation services within the 76-81 GHz band that the 
Commission has not discussed above.
    62. Bosch, in its petition, states that it ``is unconvinced, after 
several meetings with technical staff of ARRL, the national association 
for Amateur Radio, that there is any significant incompatibility 
between Amateur Radio and SRR operation at 79 GHz.'' It says the nature 
of amateur use of this spectrum--largely experimental and occurring on 
mountaintops and locations where motor vehicle operation is not 
typical--will provide sufficient geographic separation to prevent 
interference from amateur users to new vehicular radar operations above 
77 GHz. However, Bosch also notes that European regulators previously 
determined ``that the use of SRR within the band 77-81 may be 
incompatible with the Radio Amateur Service,'' but also concluded that 
amateur users could be accommodated in the 75.5-76 GHz band (which is 
not currently available in the U.S.). The Commission seeks comment on 
these points. Additionally, to help better inform its decision, the 
Commission seeks to develop a record on the types of amateur use, and 
the extent of such use, that is currently undertaken in the amateur 4 
mm band.
    63. To the extent that commenters believe that amateur operators 
can continue to use the millimeter band, the Commission seeks comment 
on what additional rule modifications it would have to adopt to realize 
successful shared use of the entire band. For example, our existing 
service rules would permit amateur operators to transmit with 
significantly higher power than other proposed operations. Would 
adopting the same emission limits for amateur operations as the 
Commission proposed for other services in this band reduce the 
potential for mutual interference? Are there any additional conforming 
edits to the part 97 amateur radio service rules that the Commission 
would have to implement?

[[Page 12129]]

    64. If, instead, the Commission were to remove all amateur 
allocations from the 76-81 GHz range, it seeks comment on alternate 
spectrum that it might be able to make available in this general 
region. Bosch recommends an amateur allocation at 75.5-76 GHz, arguing 
that such an allocation would permit re-accommodation of any displaced 
Amateur Radio operators as the result of aggregate noise from SRRs in 
the 79 GHz band, and harmonize the United States Amateur allocation 
with that in ITU Region 1 and in other areas of the world. The 
Commission seeks comment on allocating the 75.5-76 GHz band to the 
amateur service if the Commission were to remove the amateur 
allocation, including amateur satellite, in the 76-81 GHz band.

Service and Technical Rules

    65. The Commission set forth proposed rules that would license 
vehicular and FOD detection radars in the 76-81 GHz band and aircraft-
mounted and fixed infrastructure radars in the 76-77 GHz band as 
licensed services under part 95 of our rules. The Commission also 
proposes to add a primary allocation for radiolocation in the 77.5-78 
GHz band. The Commission proposes technical rules that would be 
appropriate for a part 95 licensed-by-rule approach.
    66. In general, the proposed technical rules are consistent with 
those already set forth for existing vehicular radar and FOD detection 
radars under part 15 of our rules, including that the average and peak 
emission limits for vehicular radars in the 76-81 GHz band not to 
exceed 88 [micro]W/cm\2\ and 279 [micro]W/cm\2\ respectively, measured 
at a distance of 3 meters from the exterior surface of the radiating 
structure. However, as discussed, the existing part 15 use is on a non-
interference basis and may not be the best fit for the types of safety 
related applications that the Commission envisions being deployed in 
the 76-81 GHz range. Under our draft rules, users would operate on a 
licensed basis fully supported by a primary radiolocation allocation 
throughout the 76-81 GHz range. Authorizing these radars under part 95 
of our rules will permit license-by-rule operation pursuant to section 
307(e) of the Communications Act (Act). Under this approach, these 
devices may operate on a shared, non-exclusive basis with respect to 
each other and without the need for these radar systems to be 
individually licensed. By doing this, the Commission can provide for a 
greater range of radar uses while still allowing for an easy transition 
of existing equipment to part 95 operation. The Commission seeks 
comment on these proposed rules. To the extent commenters support 
either regulatory approach, such as unlicensed operation under part 15, 
they should identify any rules that need to be modified to support the 
different types of radar applications the Commission discuss herein.
    67. Because the existing part 95 rules do not specify rules for 
vehicular, FOD detection, aircraft-mounted and fixed infrastructure 
radar operations, the Commission propose to create a new subpart of 
part 95, titled the 76-81 GHz radar service, that will accommodate all 
authorized radar types within the band, but that will not otherwise 
distinguish among the different radar types. Our proposed service rules 
are intended to facilitate the industry in developing the various radar 
types in their authorized specific frequency ranges. For example, in 
the case of vehicular radars, the Commission leaves it up to the 
automotive industry to optimize the use of the 76-81 GHz frequency band 
and develop the SRR and LRR vehicular radar application within the 
band. Alternately, the Commission seeks comment on whether distinctive 
or differentiating rules for the different radars would be appropriate 
and if so, what those rules should be.
    68. To fully implement our proposal to accommodate radars under 
part 95, the Commission also proposes to make additional modifications 
to parts 1, 2, 15, and 90 of our rules. All of our proposed rule 
modifications are shown in this NPRM. The Commission seeks comment on 
all of these proposals, and invites commenters to identify any 
additional rules that the Commission would need to update to accomplish 
our objectives.

Reconsideration Order

    69. As part of our comprehensive look at shared use of the 76-81 
GHz band, the Commission has incorporated matters that were first 
raised in pleadings filed in ET Docket Nos. 10-28 and 11-90--namely 
Honeywell Aircraft's Petition relating to aircraft-mounted radar 
applications and Navtech's Fixed Radar Petition. Although the 
Commission believes that there is merit in considering the issues 
raised by Honeywell and Navtech in the context of the Vehicular Radar 
NPRM, the Commission concludes that the parties underlying petitions in 
the respective dockets should be denied.

Honeywell Petition

    70. As background, Honeywell first submitted a letter to the Office 
of Engineering and Technology seeking clarification of the rules 
adopted in the Vehicular Radar R&O, but later refiled with the 
Commission's Secretary asking that it the Commission treat the letter 
as a petition for reconsideration. On October 31, 2012, the Commission 
issued a Public Notice treating it as such.
    71. Numerous representatives of the automotive industry as well as 
Xsight Systems, Inc., filed to oppose the Honeywell petition. These 
parties raised procedural arguments--that the issue of removing the 
current prohibition on the use of 76-77 GHz frequency range on aircraft 
or satellite was not properly raised in the proceeding and is otherwise 
outside the scope of the decision--as well as claims that there is 
insufficient evidence that both aircraft-mounted and vehicular radars 
can co-exist in the 76-77 GHz band. In response, Honeywell claims that 
the issues it raises are within the scope of the Commission's 
rulemaking proceeding, that there is no technical reason why aircraft-
mounted radar cannot operate in the 76-77 GHz band while the aircraft 
is on ground, and that there is an urgent and recognized public 
interest need for the anti-collision benefits its aircraft-mounted 
radars can provide.
    72. The Commission deny Honeywell's petition. Section 1.429(b) of 
the Commission's rules provide three ways in which a petition for 
reconsideration can be granted, and none of these have been met. 
Honeywell has not shown that its petition relies on facts regarding 
fixed radar use which had not previously been presented to the 
Commission, nor does it show that its petition relies on facts that 
relate to events that changed since Honeywell had the last opportunity 
to present its facts regarding fixed radar use. Indeed, Honeywell did 
not previously participate in the proceeding before filing its letter. 
Moreover, it does not serve the public interest to consider Honeywell's 
facts and arguments via reconsideration of the existing dockets. The 
Commission agrees with the commenters who opposed the petition that 
there may be technical and policy considerations associated with 
aircraft-mounted radar applications that parties could not have 
reasonably anticipated nor had an opportunity to address. Any public 
interest associated with the consideration of Honeywell's arguments 
will be fully captured and considered within the new docket that the 
Commission initiates with this rulemaking By doing so, it can ensure 
that another aspect of the public interest is served--that is, that all 
interested parties have ample notice and comment opportunities with 
respect to the

[[Page 12130]]

possible use of wingtip radars under our rules.

Navtech Petition

    73. Similarly, the Commission agrees with those parties who oppose 
the Navtech pleading as procedurally defective. The Commission stated 
in the in the Vehicular Radar R&O that ``no parties have come forward 
to support fixed radar applications beyond airport locations in this 
band,'' and it decided not to adopt provisions for unlicensed fixed 
radar use other than those for FOD detection applications at airport 
locations. Because Navtech first participated in the proceeding when it 
filed its petition well after the decision was published, its petition 
fails to meet the timeliness standard of Sec.  1.429(d).
    74. The Commission emphasize that our decision does not address 
whether there are substantive merits to these claims. Such issues are 
fully incorporated into the proposals the Commission makes in 
conjunction with the Vehicular Radar NPRM.
    75. Finally, because the Commission is considering several 
different types of radar applications that would share use within the 
millimeter wave bands, and because it is proposing a consolidated 
licensing scheme under our part 95 rules, the Commission concludes that 
it can best promote efficiency and reduce administrative burdens by 
opening a new docket, ET Docket No. 15-26. Here, the Commission will 
consider ongoing and future matters pertaining to the entire 76-81 GHz 
band in a consolidated and comprehensive manner. To that end, and in 
connection with its decision to deny the petitions for reconsideration 
discussed above, the Commission terminates ET Docket Nos. 10-28 and 11-
90 (pertaining to vehicular radar) and WT Docket No. 11-202 (addressing 
FOD detection radar applications). The Commission concludes that future 
decisions regarding matters that it previously considered within those 
dockets can more practically be made within the comprehensive ET Docket 
No. 15-26 proceeding.

Initial Regulatory Flexibility Analysis

    76. 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 small entities by the policies and rules proposed in 
this Notice of Proposed Rulemaking and Reconsideration Order (NPRM). 
Written public comments are requested on this IRFA. Comments must be 
identified as responses to the IRFA and must be filed by the deadlines 
specified in the NPRM for comments. The Commission will send a copy of 
this NPRM, including this IRFA, to the Chief Counsel for Advocacy of 
the Small Business Administration (SBA).\2\ In addition, the Notice and 
IRFA (or summaries thereof) will be published in the Federal 
Register.\3\
---------------------------------------------------------------------------

    \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. 857 (1996).
    \2\ See 5 U.S.C. 603(a).
    \3\ See 5 U.S.C. 603(a).
---------------------------------------------------------------------------

A. Need for, and Objectives of, the Proposed Rules
    77. This Notice responds to petitions for rulemaking filed by 
Robert Bosch, LLC (Bosch) requesting modifications to Sec.  15.253 of 
the rules to extend operating frequency for vehicular radar systems 
from 76-77 GHz to the 76-81 GHz band. Vehicular radars can determine 
the exact distance and relative speed of objects in front of, beside, 
or behind a car to improve the driver's ability to perceive objects 
under bad visibility conditions or objects that are in blind spots. 
Some examples of vehicular radar systems include collision warning and 
mitigation systems, blind spot detection systems, lane change assist, 
and parking aid systems. The Notice proposes to extend the operating 
frequency for unlicensed vehicular radar systems from 76-77 GHz to 76-
81 GHz. These modifications to the rules will provide more efficient 
use of spectrum, and enable the automotive industries to develop 
enhanced safety measures for drivers and the general public.
    78. Airports are challenged with managing increasing congestion on 
the ground. These rule modification will add to the tools that enhance 
an airport's ability to determine the location of airplanes and airport 
ground vehicles that are operating in taxiways and runways. The 
presence of foreign object debris (FOD) in an airport's air operations 
area (AOA) poses a significant threat to the safety of air travel. 
Foreign object debris on taxiways and runways has the potential to 
damage aircraft during the critical phases of takeoffs and landings, 
which can lead to catastrophic loss of life and at the very least 
increased maintenance and operating costs.\4\ These rule modification 
will help reduce FOD hazards through the implementation of a FOD 
management program and the effective use of FOD detection and removal 
equipment.\5\
---------------------------------------------------------------------------

    \4\ On July 25, 2000, Air France Flight 4590 crashed shortly 
after take-off from Charles de Gaulle Airport outside Paris, France. 
All one hundred passengers and nine crewmembers, plus four people on 
the ground, were killed. The official investigation, concluded by 
France's Bureau Enquetes-Accidents, determined that the catastrophic 
series of events that caused the Concorde crash were precipitated 
when FOD on the runway tore a tire, resulting in additional damage 
to the aircraft. http://www.guardian.co.uk/uk/2002/jan/17/concorde.world.
    \5\ See U.S. Department of Transportation, Federal Aviation 
administration Advisory Circular No. 105/5210-24, http://www.faa.gov/documentLibrary/media/Advisory_Circular/150_5210_24.pdf 
(hereinafter AC 105/5210-24).
---------------------------------------------------------------------------

    79. Our rule modifications also propose to expand the use of radar 
in the 76-77 GHz band to aircraft-mounted radars. This application, 
also referred to as ``wingtip radar'' and used only while aircraft are 
on the ground, is intended to prevent or mitigate the severity of 
aircraft wing collisions while the plane is taxiing tarmacs. Mitigating 
the risk of wingtip collisions can reduce costs and improve safety for 
both aviation personnel and the travelling public.\6\ The use of 
wingtip radar also appears to support National Transportation Safety 
Board (NTSB) safety recommendation regarding the use of anti-collision 
aids on aircraft.\7\ Our overall objective is to promote efficient use 
of the spectrum and facilitate development of technologies that will 
improve airport operations and provide enhance safety measures for both 
airport personnel and the general public.
---------------------------------------------------------------------------

    \6\ See Aircraft Petition Reply at 4.
    \7\ See NTSB Mar. 13, 2013 ex parte filing in ET Docket No. 10-
28 and RM-1190. All newly manufactured and newly type-certificated 
large airplanes and other airplane models where the wingtips are not 
easily visible from the cockpit to provide a cockpit indication that 
will help pilots determine wingtip clearance and path during taxi. 
The recommendation also requires retrofitting all existing airplane 
models with an anti-collision aid where the wingtips are not easily 
visible from the cockpit.
---------------------------------------------------------------------------

    80. There is new demand for fixed infrastructure radar applications 
beyond airport locations. Some of these applications are monitoring 
tunnels or bridges for stopped vehicles, providing collision warning 
systems for ship-to-shore cranes and providing train detection for 
automatic train control.\8\ In our rule modifications to permit such 
use we seek efficient use of the spectrum, harmonize global use of the 
spectrum, and facilitate development of technologies that serve public 
interest and convenience.
---------------------------------------------------------------------------

    \8\ See Fixed Radar Petition at 3-4
---------------------------------------------------------------------------

B. Legal Basis
    81. This action is authorized under sections 1, 4(i), 302, 303(f) 
and (r), 332, and 337 of the Communications Act of 1934, as amended, 47 
U.S.C. 1, 4(i), 154(i), 302, 303(f) and (r), 332, 337.

[[Page 12131]]

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rule Will Apply
    82. 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 rules adopted herein.\9\ The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' \10\ In addition, the term ``small business'' has the 
same meaning as the term ``small business concern'' under the Small 
Business Act.\11\ A ``small business concern'' is one which: (1) Is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any additional criteria established by the 
Small Business Administration (SBA).\12\
---------------------------------------------------------------------------

    \9\ 5 U.S.C. 604(a)(3).
    \10\ 5 U.S.C. 601(6).
    \11\ 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.''
    \12\ 15 U.S.C. 632.
---------------------------------------------------------------------------

    83. 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.'' \13\ 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. According to Census Bureau data for 2007, there 
were a total of 939 establishments in this category that operated for 
part or all of the entire year. According to Census bureau data for 
2007, there were a total of 939 firms in this category that operated 
for the entire year. Of this total, 912 had fewer than 500 employees 
and 17 had more than 1000 employees.\14\ Thus, under that size 
standard, the majority of firms can be considered small.
---------------------------------------------------------------------------

    \13\ The NAICS Code for this service 334220. See 13 C.F.R 121/
201. See also http://factfinder.census.gov/servlet/IBQTable?_bm=y&-fds_name=EC0700A1&-geo_id=&-_skip=300&-ds_name=EC0731SG2&-_lang=en.
    \14\ See http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-fds_name=EC0700A1&-_skip=4500&-ds_name=EC0731SG3&-_lang=en.
---------------------------------------------------------------------------

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements
    84. Radars operating in the 76-81 GHz band are required to be 
authorized under the Commission's certification procedure as a 
prerequisite to marketing and importation, and the NPRM proposes no 
change to that requirement.
E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered
    85. 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.\15\
---------------------------------------------------------------------------

    \15\ See 5 U.S.C. 603(c).
---------------------------------------------------------------------------

    86. The proposals contained in this NPRM are deregulatory in 
nature, which we expect will simplify compliance requirements for all 
parties, particularly small entities, and permit the development of 
improved radar systems. Extending the frequency for unlicensed 
vehicular radar from 76-77 GHz to 76-81 GHz will enable global spectrum 
harmonization of LRRs at 76-77 GHz and SRRs at 77-81 GHz that will 
reduce prices and encourage deployment of automotive radars in lower-
cost vehicles. Consolidating FOD detection radars to operate under part 
95 in lieu of current rules will reduce unnecessary burdens for the 
general public and will provide increased spectrum efficiency.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules
    87. None.

Ordering Clauses

    88. Pursuant to sections 1, 2, 4(i), 301, 302, and 303(f) of the 
Communications Act of 1934, 47 U.S.C. 151, 152, 154(i), 301, 302a, and 
303(f), that the Notice of Proposed Rulemaking is adopted and the 
Petition for Rulemaking filed by Robert Bosch in RM-11666 is granted to 
the extent described herein.
    89. Pursuant to sections 4(i), 302, 303(e), 303(f), and 405 of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 302, 303(e), 
303(f), and 405, the petitions for reconsideration filed by Honeywell 
and Navtech in ET Docket Nos. 10-28 and 11-90 are denied.
    90. Pursuant to the authority contained in sections 4(i), 4(j), and 
303 of the Communications Act, as amended, 47 U.S.C. 154(i), 154(j) and 
303, that ET Docket Nos. 10-28 and 11-90 and WT Docket No. 11-202 are 
closed and the proceedings are terminated should no petitions for 
reconsideration or applications for review be timely filed.
    91. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Notice of 
Proposed Rulemaking, including the Initial Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects in 47 CFR Parts 1, 2, 15, 90 and 95

    Administrative practice and procedure, Radio, Unlicensed services.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 1, 2, 15, 90, 
and 95 as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 continues to read as follows:

    Authority:  15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 160, 201, 225, 227, 303, 309, 332, 1403, 1404, 1451, 1452 
and 1455.

0
2. Section 1.1307 is amended by revising paragraphs (b)(2)(i) and (ii) 
to read as follows:


Sec.  1.1307  Actions that may have a significant environmental effect, 
for which Environmental Assessments (EAs) must be prepared.

* * * * *
    (b) * * *
    (2) * * *
    (i) Mobile and portable transmitting devices that operate in the 
Commercial Mobile Radio Services pursuant to part 20 of this chapter; 
the Cellular

[[Page 12132]]

Radiotelephone Service pursuant to part 22 of this chapter; the 
Personal Communications Services (PCS) pursuant to part 24 of this 
chapter; the Satellite Communications Services pursuant to part 25 of 
this chapter; the Miscellaneous Wireless Communications Services 
pursuant to part 27 of this chapter; the Maritime Services (ship earth 
stations only) pursuant to part 80 of this chapter; the Specialized 
Mobile Radio Service, the 4.9 GHz Band Service, or the 3650 MHz 
Wireless Broadband Service pursuant to part 90 of this chapter; the 
Wireless Medical Telemetry Service (WMTS), the Medical Device 
Radiocommunication Service (MedRadio), or the 76-81 GHz Band Radar 
Service pursuant to part 95 of this chapter are subject to routine 
environmental evaluation for RF exposure prior to equipment 
authorization or use, as specified in Sec. Sec.  2.1091 and 2.1093 of 
this chapter.
    (ii) Unlicensed PCS, unlicensed NII and millimeter wave devices are 
also subject to routine environmental evaluation for RF exposure prior 
to equipment authorization or use, as specified in Sec. Sec.  
15.255(g), 15.257(g), 15.319(i), and 15.407(f) of this chapter.
* * * * *

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
3. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.

0
4. Section 2.106, the Table of Frequency Allocations, is amended by 
revising page 61 to read as follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *

                             Table of Frequency Allocations (EHF) 71-100 GHz Page 61
----------------------------------------------------------------------------------------------------------------
           International table                    United States table
------------------------------------------------------------------------------
  Region 1      Region 2      Region 3                          Non-federal             FCC Rule part(s)
    table         table         table       Federal table          table
----------------------------------------------------------------------------------------------------------------
71-74         71-74                       Fixed Microwave
FIXED         FIXED                        (101).
FIXED-SATELLITFIXED-SATELLITE (space-to-
MOBILE         Earth)
MOBILE-SATELLIMOBILEace-to-Earth)
              MOBILE-SATELLITE (space-to-
               Earth)
              US389
----------------------------------------------------------------------------------------------------------------
74-76                                     74-76              74-76             RF Devices (15).
FIXED                                     FIXED              FIXED             Fixed Microwave (101).
FIXED-SATELLITE (space-to-Earth)          FIXED-SATELLITE    FIXED-SATELLITE
MOBILE                                     (space-to-Earth)   (space-to-
BROADCASTING                              MOBILE              Earth)
BROADCASTING-SATELLITE                    Space research     MOBILE
Space research (space-to-Earth)            (space-to-Earth)  BROADCASTING
5.561                                     US389              BROADCASTING-
                                                              SATELLITE
                                                             Space research
                                                              (space-to-
                                                              Earth)
                                                             US389
----------------------------------------------------------------------------------------------------------------
76-77.5                                   76-77.5            76-77.5           RF Devices (15).
RADIO ASTRONOMY                           RADIO ASTRONOMY    RADIO ASTRONOMY   Amateur Radio (97).
RADIOLOCATION                             RADIOLOCATION      RADIOLOCATION
Amateur                                   Space research     Amateur
Amateur-satellite                          (space-to-Earth)  Amateur-
Space research (space-to-Earth)           US342               satellite
5.149                                                        Space research
                                                              (space-to-
                                                              Earth)
                                                             US342
----------------------------------------------------------------------------------------------------------------
77.5-78                                   77.5-78            77.5-78
AMATEUR                                   RADIOLOCATION      AMATEUR
AMATEUR-SATELLITE                         Radio astronomy    AMATEUR-
Radio astronomy                           Space research      SATELLITE
Space research (space-to-Earth)            (space-to-Earth)  RADIOLOCATION
5.149                                     US342              Radio astronomy
                                                             Space research
                                                              (space-to-
                                                              Earth)
                                                             US342
-----------------------------------------
78-79                                     78-79              78-79
RADIOLOCATION                             RADIO ASTRONOMY    RADIO ASTRONOMY
Amateur                                   RADIOLOCATION      RADIOLOCATION
Amateur-satellite                         Space research     Amateur
Radio astronomy                            (space-to-Earth)  Amateur-
Space research (space-to-Earth)           5.560 US342         satellite
5.149 5.560                                                  Space research
                                                              (space-to-
                                                              Earth)
                                                             5.560 US342
----------------------------------------------------------------------------------------------------------------

[[Page 12133]]

 
79-81                                     79-81              79-81
RADIO ASTRONOMY                           RADIO ASTRONOMY    RADIO ASTRONOMY
RADIOLOCATION                             RADIOLOCATION      RADIOLOCATION
Amateur                                   Space research     Amateur
Amateur-satellite                          (space-to-Earth)  Amateur-
Space research (space-to-Earth)           US342               satellite
5.149                                                        Space research
                                                              (space-to-
                                                              Earth)
                                                             US342
----------------------------------------------------------------------------------------------------------------

* * * * *
0
5. Section 2.1091 is amended by revising paragraph (c)(1) introductory 
text and paragraph (c)(2) to read as follow:


Sec.  2.1091  Radiofrequency radiation exposure evaluation: mobile 
devices

* * * * *
    (c)(1) Mobile devices that operate in the Commercial Mobile Radio 
Services pursuant to part 20 of this chapter; the Cellular 
Radiotelephone Service pursuant to part 22 of this chapter; the 
Personal Communications Services pursuant to part 24 of this chapter; 
the Satellite Communications Services pursuant to part 25 of this 
chapter; the Miscellaneous Wireless Communications Services pursuant to 
part 27 of this chapter; the Maritime Services (ship earth station 
devices only) pursuant to part 80 of this chapter; the Specialized 
Mobile Radio Service, the 3650 MHz Wireless Broadband Service pursuant 
to part 90 of this chapter; and the 76-81 GHz Radar Band Service 
pursuant to part 95 of this chapter are subject to routine 
environmental evaluation for RF exposure prior to equipment 
authorization or use if:
* * * * *
    (2) Unlicensed personal communications service devices, unlicensed 
millimeter wave devices and unlicensed NII devices authorized under 
Sec. Sec.  15.255(g), 15.257(g), 15.319(i), and 15.407(f) of this 
chapter are also subject to routine environmental evaluation for RF 
exposure prior to equipment authorization or use if their ERP is 3 
watts or more or if they meet the definition of a portable device as 
specified in Sec.  2.1093(b) requiring evaluation under the provisions 
of that section.
* * * * *
0
6. Section 2.1093 is amended by revising paragraph (c)(1) to read as 
follows:


Sec.  2.1093  Radiofrequency radiation exposure evaluation: portable 
devices.

* * * * *
    (c)(1) Portable devices that operate in the Cellular Radiotelephone 
Service pursuant to part 22 of this chapter; the Personal 
Communications Service (PCS) pursuant to part 24 of this chapter; the 
Satellite Communications Services pursuant to part 25 of this chapter; 
the Miscellaneous Wireless Communications Services pursuant to part 27 
of this chapter; the Maritime Services (ship earth station devices 
only) pursuant to part 80 of this chapter; the Specialized Mobile Radio 
Service, the 4.9 GHz Band Service, and the 3650 MHz Wireless Broadband 
Service pursuant to part 90 of this chapter; and the Wireless Medical 
Telemetry Service (WMTS), the Medical Device Radiocommunication Service 
(MedRadio), and the 76-81 GHz Band Radar Service, pursuant to subparts 
H, I, and M of part 95 of this chapter, respectively, and unlicensed 
personal communication service, unlicensed NII devices and millimeter 
wave devices authorized under Sec. Sec.  15.255(g), 15.257(g), 
15.319(i), and 15.407(f) of this chapter are subject to routine 
environmental evaluation for RF exposure prior to equipment 
authorization or use.
* * * * *

PART 15--RADIO FREQUENCY DEVICES

0
7. The authority citation for part 15 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a and 
549.

0
8. Section 15.37 is amended by adding paragraphs (i) and (j) to read as 
follows:


Sec.  15.37  Transition provision for compliance with the rules.

* * * * *
    (i) Effective [DATE 30 DAYS AFTER DATE OF Federal Register 
PUBLICATION OF FINAL RULE] the certification of UWB vehicular radars 
that operate in the 22-29 GHz band will no longer be permitted. 
Existing equipment may continue to operate in accordance with their 
previous certification.
    (j) Effective [DATE 30 DAYS AFTER DATE OF Federal Register 
PUBLICATION OF FINAL RULE] the certification of field disturbance 
sensors that operate in the 16.2-17.7 GHz, 23.12-29.0 GHz, 46.7-46.9 
GHz and 76.0-77.0 GHz bands will no longer be permitted. Existing 
equipment may continue to operate in accordance with their previous 
certification.
0
9. Section 15.252 is amended by adding introductory text to read as 
follows:


Sec.  15.252  Operation of wideband vehicular radar systems within the 
bands 16.2-17.7 GHz and 23.12-29.0 GHz.

    Effective [DATE 30 DAYS AFTER DATE OF Federal Register PUBLICATION 
OF FINAL RULE] field disturbance sensors that operate in the 16.2-17.7 
GHz and 23.12-29.0 GHz bands will no longer be certified.
* * * * *
0
10. Section 15.253 is amended by adding introductory text to read as 
follows:


Sec.  15.253  Operation within the bands 46.7-46.9 GHz and 76.0-77.0 
GHz.

    Effective [DATE 30 DAYS AFTER DATE OF Federal Register PUBLICATION 
OF FINAL RULE] field disturbance sensors and fixed radars that operate 
in the 46.7-46.9 GHz and 76.0-77.0 GHz bands will no longer be 
certified.
* * * * *
0
11. Section 15.515 is amended by adding introductory text to read as 
follows:


Sec.  15.515  Technical requirements for vehicular radar systems.

    Effective [DATE 30 DAYS AFTER DATE OF Federal Register PUBLICATION 
OF FINAL RULE] UWB field disturbance sensors that operate in

[[Page 12134]]

the 22-29 GHz band will no longer be certified.
* * * * *

PART 90-PRIVATE LAND MOBILE RADIO SERVICES

0
12. The authority citation for part 90 continues to read as follows:

    Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), and 332(c)(7), and Title VI of the Middle Class Tax 
Relief and Job Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156.


Sec.  90.103  [Amended].

0
13. Section 90.103 is amended by removing the last row of the table in 
paragraph (b) and removing paragraph (c)(30).

PART 95-PERSONAL RADIO SERVICES

0
14. The authority citation for part 95 continues to read as follows:

    Authority: 47 U.S.C. 154, 301, 302(a), 303, and 307(e).

0
15. Section 95.401 is amended by adding paragraph (h) to read as 
follows:

Subpart D--Citizens Band (CB) Radio Service


Sec.  95.401  (CB Rule 1) What are the Citizens Band Radio Services?

* * * * *
    (h) The 76-81 GHz Radar Service. The rules for this service are 
contained in Subpart M of this part. The 76-81 GHz Radar Service 
applications include, but are not limited to, vehicular radars and 
aircraft-mounted radars used for collision avoidance and other safety 
applications, as well as fixed radars used for foreign object debris 
detection at airports and for other purposes.
0
16. Section 95.601 is amended to read as follows:

Subpart E--Technical Regulations


Sec.  95.601  Basis and Purpose.

    This section provides the technical standards to which each 
transmitter (apparatus that converts electrical energy received from a 
source into RF (radio frequency) energy capable of being radiated) used 
or intended to be used in a station authorized in any of the Personal 
Radio Services must comply. This section also provides requirements for 
obtaining certification for such transmitters. The Personal Radio 
Services are the GMRS (General Mobile Radio Service)--subpart A, the 
Family Radio Service (FRS)--subpart B, the R/C (Radio Control Radio 
Service)--subpart C, the CB (Citizens Band Radio Service)--subpart D, 
the Low Power Radio Service (LPRS)--subpart G, the Wireless Medical 
Telemetry Service (WMTS)--subpart H, the Medical Device 
Radiocommunication Service (MedRadio)--subpart I, the Multi-Use Radio 
Service (MURS)--subpart J, Dedicated Short-Range Communications Service 
On-Board Units (DSRCS-OBUs)--subpart L, and the 76-81 GHz Radar 
Service--subpart M.
0
17. Section 95.603 is amended by adding paragraph (i) to read as 
follows:


Sec.  95.603  Certification required.

* * * * *
    (i) Each 76-81 GHz Radar Service transmitter must be certified.
0
18. Section 95.605 is revised to read as follows:


Sec.  95.605  Certification procedures.

    Any entity may request certification for its transmitter when the 
transmitter is used in the GMRS, FRS, R/C, CB, 218-219 MHz Service, 
LPRS, MURS, or MedRadio Service following the procedures in part 2 of 
this chapter. Dedicated Short-Range Communications Service On-Board 
Units (DSRCS-OBUs) must be certified in accordance with subpart L of 
this part and subpart J of part 2 of this chapter. 76-81 GHz Radar 
Service transmitters must be certified in accordance with subpart M of 
this part and subpart J of part 2 of this chapter.
0
19. Add Sec.  95.624 to read as follows:


Sec.  95.624  76-81 GHz Radar Service frequencies.

    Transmitters in the 76-81 GHz Radar Service may operate within the 
76-81 GHz frequency band. Specific frequency and bandwidth limitations 
are specified in subpart M of this part.
0
20. Section 95.631 is amended by adding paragraph (l) to read as 
follows:


Sec.  95.631  Emission types.

* * * * *
    (l) The 76-81 GHz Radar Service is governed under subpart M of this 
part.
0
21. Section 95.633 is amended by adding paragraph (h) to read as 
follows:


Sec.  95.633  Emission bandwidth.

* * * * *
    (h) The 76-81 GHz Radar Service is governed under subpart M of this 
part.
0
22. Section 95.635 is amended by revising the introductory text and 
table of paragraph (b) and adding paragraph (g) to read as follows:


Sec.  95.635  Unwanted radiation.

* * * * *
    (b) The power of each unwanted emission shall be less than TP as 
specified in the applicable paragraphs listed in the following table:

----------------------------------------------------------------------------------------------------------------
            Transmitter                    Emission type                    Applicable paragraphs (b)
----------------------------------------------------------------------------------------------------------------
GMRS..............................  A1D, A3E, F1D, G1D, F3E,    (1), (3), (7).
                                     G3E with filtering.
                                    A1D, A3E, F1D, G1D, F3E,    (5), (6), (7).
                                     G3E without filtering.
                                    H1D, J1D, R1D, H3E, J3E,    (2), (4), (7).
                                     R3E.
FRS...............................  F3E with filtering........  (1), (3), (7).
R/C:
    27 MHz........................  As specified in Sec.        (1), (3), (7).
                                     95.631(b).
    72-76 MHz.....................  As specified in Sec.        (1), (3), (7), (10), (11), (12).
                                     95.631(b).
CB................................  A1D, A3E..................  (1), (3), (8), (9).
                                    H1D, J1D, R1D, H3E, J3E,    (2), (4), (8), (9).
                                     R3E.
                                    A1D, A3E type accepted      (1), (3), (7).
                                     before September 10, 1976.
                                    H1D, J1D, R1D, H3E, J3E,    (2), (4), (7).
                                     R3E type accepted before
                                     September 10, 1986.
LPRS..............................  As specified in paragraph
                                     (c).
MedRadio..........................  As specified in paragraph
                                     (d).
DSRCS-OBU.........................  As specified in paragraph
                                     (f) of this section.
76-81 GHz Radar Service...........  As specified in paragraph
                                     (g) of this section.
----------------------------------------------------------------------------------------------------------------

* * * * *
    (g) The 76-81 GHz Radar Service is governed under subpart M of this 
part.
0
23. Section 95.637 is amended by adding paragraph (g) to read as 
follows:


Sec.  95.637  Modulation standard.

* * * * *

[[Page 12135]]

    (g) The 76-81 GHz Radar Service is governed under subpart M of this 
part.
0
24. Section 95.639 is amended by adding paragraph (j) to read as 
follows:


Sec.  95.639  Maximum transmitter power.

* * * * *
    (j) The 76-81 GHz Radar Service is governed under subpart M of this 
part.
0
25. Add Sec.  95.641 under the undesignated center heading Technical 
Standards to read as follows:


Sec.  95.641  76-81 GHz Radar Service certification.

    Sections 95.643 through 95.655 do not apply to certification of 
vehicular radar devices and fixed radar devices operating in the 76-81 
GHz Band Radar Service. These devices must be certified in accordance 
with subpart M of this part and subpart J of part 2 of this chapter.
0
26. Appendix 1 to Subpart E of part 95--Glossary of Terms is amended by 
adding the definition of ``Field disturbance sensor'' in alphabetical 
order to read as follows:

Appendix 1 to Subpart E of Part 95--Glossary of Terms

* * * * *
    Field disturbance sensor. A device that establishes a radio 
frequency field in its vicinity and detects changes in that field 
resulting from the movement of persons or objects within its range.
* * * * *
0
27. Add Subpart M to part 95 to read as follows:

Subpart M--The 76-81 GHz Band Radar Service

Sec.
95.1601 Scope.
95.1603 Permissible communications.
95.1605 Station identification.
95.1607 Station inspection.
95.1609 Authorized locations.
95.1611 Information to user.
95.1613 Frequency use policy.
95.1615 Technical requirements.
95.1617 RF safety.


Sec.  95.1601  Scope.

    This subpart sets out the regulations governing the operation of 
vehicular and fixed radars operating within the band 76.0-81 GHz. The 
following uses are permitted:
    In the 76-81 GHz band: vehicle-mounted field disturbance sensors 
used as vehicular radar systems; and mobile and fixed radar systems 
used at airport locations for foreign object debris detection on 
runways and for monitoring aircraft and service vehicles on taxiways 
and other airport vehicle service areas that have no public vehicle 
access. In the 76-77 GHz band: Fixed radars (other than the type 
described above), and radars that are mounted on aircraft and that are 
operated only while the aircraft is on the ground.


Sec.  95.1603  Permissible communications.

    The transmission of data is permitted provided the primary mode of 
operation is as a field disturbance sensor. Voice and video 
transmissions are prohibited.


Sec.  95.1605  Station identification.

    A station is not required to transmit a station identification 
announcement.


Sec.  95.1607  Station inspection.

    All 76-81 GHz Band Radar Service equipment must be made available 
for inspection upon request by an authorized FCC representative.


Sec.  95.1609  Authorized locations.

    The operation of a 76-81 GHz Band Radar Service transmitter under 
this part is authorized anywhere CB station operation is permitted 
under Sec.  95.405 of this part.


Sec.  95.1611  Information to user.

    The user's manual or instruction manual for an intentional or 
unintentional radiator shall caution the user that changes or 
modifications not expressly approved by the party responsible for 
compliance could void the user's authority to operate the equipment. In 
cases where the manual is provided only in a form other than paper, 
such as on a computer disk or over the Internet, the information 
required by this section may be included in the manual in that 
alternative form, provided the user can reasonably be expected to have 
the capability to access information in that form.


Sec.  95.1613  Frequency use policy.

    (a) The frequencies authorized to 76-81 GHz Band Radar Service 
systems by this part are available on a shared basis only and will not 
be assigned for the exclusive use of any entity. Users should select 
and use frequencies in a manner that mitigates the risk of potential 
interference between authorized services.


Sec.  95.1615  Technical requirements.

    (a) The fundamental radiated emission limits within the band 76-81 
GHz provided in this section are expressed in terms of Equivalent 
Isotropic Radiated Power (EIRP) and are as follows:
    (1) The maximum power (EIRP) within the bands specified in this 
section shall not exceed 50 dBm based on measurements employing a power 
averaging detector with a 1 MHz RBW.
    (2) The maximum peak power (EIRP) within the bands specified in 
this section shall not exceed 55 dBm based on measurements employing a 
peak detector with a 1 MHz RBW.
    (b) The unwanted emissions outside the operating band, 76-81 GHz, 
shall consist solely of spurious emissions and shall not exceed the 
following:
    (1) Radiated emissions below 40 GHz shall not exceed the field 
strength as shown in the following emission table:

------------------------------------------------------------------------
                                          Field strength    Measurement
             Frequency (MHz)                (microvolts/     distance
                                              meter)         (meters)
------------------------------------------------------------------------
0.009-0.490.............................     2400/F(kHz)             300
0.490-1.705.............................    24000/F(kHz)              30
1.705-30.0..............................              30              30
30-88...................................             100               3
88-216..................................             150               3
216-960.................................             200               3
Above 960...............................             500               3
------------------------------------------------------------------------

    (i) In the emission table in paragraph (b)(1) of this section, the 
tighter limit applies at the band edges.
    (ii) The limits in the table in paragraph (b)(1) of this section 
are based on the frequency of the unwanted emission and not the 
fundamental frequency. However, the level of any unwanted emissions 
shall not exceed the level of the fundamental frequency.
    (iii) The emission limits shown in the table in paragraph (b)(1) of 
this section are based on measurements employing a CISPR quasi-peak 
detector except for the frequency bands 9.0-90.0 kHz, 110.0-

[[Page 12136]]

490.0 kHz and above 1000 MHz. Radiated emission limits in these three 
bands are based on measurements employing an average detector with a 1 
MHz RBW.
    (2) The power density of radiated emissions outside the operating 
band above 40.0 GHz shall not exceed the following employing an average 
detector with a 1 MHz RBW:
    (i) For radiated emissions between 40 and 200 GHz from field 
disturbance sensors and radar systems operating in the band 76-81 GHz: 
600 pW/cm\2\ at a distance of 3 meters from the exterior surface of the 
radiating structure.
    (ii) For radiated emissions above 200 GHz from field disturbance 
sensors and radar systems operating in the 76-81 GHz band: 1000 pW/
cm\2\ at a distance of 3 meters from the exterior surface of the 
radiating structure.
    (3) For field disturbance sensors and radar systems operating in 
the 76-81 GHz band, the spectrum shall be investigated up to 231.0 GHz.
    (c) Fundamental emissions must be contained within the frequency 
bands specified in this section during all conditions of operation. 
Equipment is presumed to operate over the temperature range -20 to +50 
degrees Celsius with an input voltage variation of 85% to 115% of rated 
input voltage, unless justification is presented to demonstrate 
otherwise.


Sec.  95.1617  RF safety.

    Regardless of the power density levels permitted under this 
subpart, devices operating under the provisions of this subpart are 
subject to the radiofrequency radiation exposure requirements specified 
in Sec. Sec.  1.1307(b), 2.1091 and 2.1093 of this chapter, as 
appropriate. Applications for equipment authorization of devices 
operating under this section must contain a statement confirming 
compliance with these requirements for both fundamental emissions and 
unwanted emissions. Technical information showing the basis for this 
statement must be submitted to the Commission upon request.

[FR Doc. 2015-04032 Filed 3-5-15; 8:45 am]
 BILLING CODE 6712-01-P


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