42276 Federal Register / Vol. 63, No. 152 / Friday, August 7, 1998 /Rules and Regulations

that any LEC situated similarly to GTA

exists. We may revisit this issue if and

when we become aware of the existence

of a LEC or class or category of LECs

similarly situated to GTA.

IV. Final Regulatory Flexibility Analysis

7. Pursuant to the Regulatory

Flexibility Act (RFA), as amended by

the Small Business Regulatory

Enforcement Fairness Act of 1996

(SBREFA), the Commission certified in

the Guam Ruling/Notice that the

proposed rule would not have a

significant economic impact on a

substantial number of small entities. We

received no comments regarding this

certification.

8. In conformance with the RFA, as

amended by the SBREFA, we certify

that the rule adopted herein will not

have a significant economic impact on

a substantial number of small entities.

Our rule treating GTA as an incumbent

LEC pursuant to section 251(h)(2) will

affect only GTA and the limited number

of entities that seek to interconnect with

GTA’s network or resell GTA’s services.

Even if all of these entities can be

classified as small entities, we do not

believe that they constitute a

‘‘substantial number of small entities’’

for purposes of the Regulatory

Flexibility Act.

9. The Commission’s Office of Public

Affairs, Reference Operations Division,

shall send a copy of this Report and

Order, including the foregoing

certification and statement, to the Chief

Counsel for Advocacy of the Small

Business Administration. It shall also

include a copy of this Report and Order,

including the foregoing certification and

statement, in the report to Congress.

V. Ordering Clauses

10. Accordingly, it is ordered,

pursuant to sections 1, 2, 4, 251, and

303(r) of the Communications Act of

1934, as amended, 47 U.S.C. 151, 152,

154, 251, and 303(r), that the report and

order is adopted, and the requirements

contained herein shall become effective

September 8, 1998.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 98–21087 Filed 8–6–98; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 2, 15 and 97

[ET Docket No. 94–124; FCC 98–150]

Use of Radio Frequencies Above 40

GHz for New Radio Applications

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: By this Third Report and

Order (R&O) the Commission amends

the rules to: provide amateur and

amateur-satellite operators co-primary

status in the 77.5–78 GHz frequency

band to ensure that future amateur

station access to spectrum near 77 GHz

is maintained without the threat of

preemption by higher priority services;

restrict amateur and amateur-satellite

operations in the 76–77 GHz frequency

band to ensure against potential

interference to vehicle radar systems

that we expect will operate in this band;

adopt a spectrum etiquette for

unlicensed devices operating in the 59–

64 GHz frequency band to provide a

spectrum etiquette that maximizes the

number of users and minimizes the

potential for interference in the 59–64

GHz band; and adopt spurious emission

limits for unlicensed equipment

operating in the 76–77 GHz frequency

band to provide protection to radio

astronomy operations in the 217–231

GHz band.

EFFECTIVE DATE: This rule is effective

September 8, 1998, except the addition

of § 2.1033(b)(12) which is effective

October 5, 1998.

FOR FURTHER INFORMATION CONTACT:

Rodney P. Conway (202) 418–2904 or

via electronic mail: rconway@fcc.gov.

For additional information concerning

the information collections, or copies of

the information collections contained in

this Third Report and Order contact

Judy Boley at (202) 418–0217, or via

electronic mail at jboley@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Third

Report and Order, ET Docket 94–124,

FCC 98–150, adopted July 6, 1998 and

released July 15, 1998.

A full text of this Commission

decision is available for inspection and

copying during normal business hours

in the FCC Reference Center (Room

239), 1919 M Street, N.W., Washington,

D.C., and also may be purchased from

the Commission’s duplication

contractor, International Transcription

Service, phone (202) 857–3800,

facsimile (202) 857–3805, 1231 20th

Street, N.W. Washington, DC 20036.

Summary of the Third Report and

Order

1. This Third Report and Order

amends the rules to restrict amateur and

amateur-satellite operations in the 76–

77 GHz frequency band. The

Commission is adopting its proposal to

suspend access to the 76–77 GHz band

by amateur stations in order to ensure

against potential interference to vehicle

radar systems that we expect will

operate in this band. Thus, this action

will not have an immediate impact on

amateur operators because there is little

or no use of this band. Further, we are

unable to ascertain what future amateur

station transmissions might take place

in this band and therefore cannot

evaluate the potential for interference to

vehicle radar systems. Because harmful

interference to vehicle radar systems

could affect public safety, we will

proceed with the utmost amount of

caution.

2. The Third Report and Order also

amends the rules to establish a coprimary frequency allotment for use by

amateur and amateur-satellite operators

in the 77.5–78 GHz frequency band. The

Commission believes that upgrading the

status of the Amateur Radio Services,

including amateur and amateur-satellite

operations, to co-primary in the 77.5–78

GHz band is needed to ensure that

future amateur station access to

spectrum near 77 GHz is maintained

without the threat of preemption by

higher priority services. The

Commission believes that this allocation

is needed if we are to continue to foster

amateur operator experimentation using

millimeter wave technology.

3. The Third Report and Order also

amends the rules to establish a spectrum

etiquette for unlicensed devices

operating in the 59–64 GHz frequency

band. The Commission believes that the

adopted spectrum etiquette provides the

best plan to maximize the number of

users and minimize the potential for

interference in the 59–64 GHz band. The

coordination channel from 59.0–59.05

GHz provides access to spectrum that

will be used to determine methods of

limiting potential interference and

establishing techniques for spectrum

sharing between diverse systems. In

addition, the transmitter output power

and peak emission limits will minimize

the potential for interference and

provide for greater spectrum reuse.

Moreover, the transmitter identification

requirement for transmitters operating

with more than 0.1 mW of output power

is essential to provide for successful

sharing and coordination between users.

We note that, no comments were filed

expressing opposition to the proposed
Federal Register / Vol. 63, No. 152 / Friday, August 7, 1998 /Rules and Regulations 42277

spectrum etiquette. We believe the

etiquette adopted herein will accelerate

the development of low cost devices.

4. The Third Report and Order also

amends the rules to establish spurious

emission limits for unlicensed

equipment operating in the 76–77 GHz

frequency band. Within the 217–231

GHz band, the Commission is adopting

a spurious emission limit of 1000 pW/

cm 2, as measured at 3 meters, for

unlicensed millimeter wave transmitters

that operate in the 76–77 GHz band. We

are relying on NTIA’s suggestion to limit

the spurious emissions to 1000 pW/cm 2

as being sufficient to provide adequate

protection to radio astronomy

operations in the 217–231 GHz band. In

addition, we note that emissions in this

frequency range tend to be highly

focused and directional. Given that

radio astronomy equipment

discriminates against off-beam signals

and that vehicle radars will be used

when in motion, we believe there is

little likelihood of interference to radio

astronomy operations.

Final Regulatory Flexibility Analysis

5. As required by Section 603 of the

Regulatory Flexibility Act, 5 U.S.C. 603

(‘‘RFA’’), an Initial Regulatory

Flexibility Analysis (‘‘IRFA’’) was

incorporated into the Second Notice of

Proposed Rule Making, 61 FR 14041,

March 29, 1996, (‘‘2nd NPRM’’) and the

Fourth Notice of Proposed Rule Making,

62 FR 45380, August 27, 1997, (‘‘4th

NPRM’’) in ET Docket No. 94–124. The

Commission sought written public

comments on the proposals in the 2nd

NPRM and 4th NPRM, including the

IRFAs. The Commission’s Final

Regulatory Flexibility Analysis

(‘‘FRFA’’) in this Third Report and

Order conforms to the RFA, as amended

by the Contract with America

Advancement Act of 1996 (CWAAA),

Public Law 104–121, 110 Stat. 847

(1996). See Subtitle II of the CWAAA is

‘‘The Small Business Regulatory

Enforcement Fairness Act of 1996’’

(SBREFA), codified at 5 U.S.C. 601 et

seq.

6. Need for and Objective of the Rules.

Our objectives are to adopt a spectrum

etiquette that provides for a maximum

number of operators in the unlicensed

59–64 GHz band, to temporarily restrict

amateur station access to the 76–77 GHz

band until an effective spectrum sharing

plan is developed to permit use of the

band by vehicular radar systems and

amateur stations, to provide amateur

stations co-primary access to spectrum

in the 77.5–78 GHz band to offset any

negative effects of the temporary

restriction in the 76–77 GHz band, and

to establish an emissions limit above

200 GHz for some millimeter wave

transmitters in order to protect radio

astronomy users in the 217–231 GHz

band.

7. Summary of Significant Issues

Raised by Public Comments in Response

to the IRFAs. No comments were

submitted in direct response to either

IRFA.

8. Description and Estimates of the

Number of Small Entities to Which the

Rules Will Apply. For the purposes of

this Third Report and Order, the RFA

defines a ‘‘small business’’ to be the

same as a ‘‘small business concern’’

under the Small Business Act, 15 U.S.C.

632, unless the Commission has

developed one or more definitions that

are appropriate to its activities. See 5

U.S.C. 601(3) (incorporating by

reference the definition of ‘‘small

business concern’’ in 5 U.S.C. 632).

Under the Small Business Act, a ‘‘small

business concern’’ is one that: (1) is

independently owned and operated; (2)

is not dominant in its field of operation;

and (3) meets any additional criteria

established by the Small Business

Administration (SBA). See 15 U.S.C.

632. Since the Regulatory Flexibility Act

amendments were not in effect until the

record in this proceeding was closed,

the Commission did not request

information regarding the number of

small businesses that might use this

service and is unable at this time to

determine the number of small

businesses that would be affected by

this action.

9. The Commission has not developed

a definition of small entities applicable

to unlicensed communications devices.

Therefore, we will utilize the SBA

definition applicable to manufacturers

of Radio and Television Broadcasting

and Communications Equipment.

According to the SBA regulations,

unlicensed transmitter manufacturers

must have 750 or fewer employees in

order to qualify as a small business

concern. See 13 CFR 121.201, (SIC)

Code 3663. Census Bureau data

indicates that there are 858 U.S.

companies that manufacture radio and

television broadcasting and

communications equipment, and that

778 of these firms have fewer than 750

employees and would be classified as

small entities. See U.S. Dept. of

Commerce, 1992 Census of

Transportation, Communications and

Utilities (issued May 1995), SIC category

3663. The Census Bureau category is

very broad, and specific figures are not

available as to how many of these firms

will manufacture unlicensed

communications devices. However, we

believe that many of them may qualify

as small entities.

10. As noted, this section describes

and estimates the number of small

entities to which the proposed rules

apply. The rules in Part 97 of the

Commission’s Rules, 47 CFR Part 97,

apply to individuals who are qualified

to be licensees in the amateur service,

and amateur radio operators are

prohibited from transmitting

communications for compensation, for

their pecuniary benefit, and on behalf of

their employers. See 47 CFR 97.113.

Amateur radio licensees are therefore

not addressed in this regulatory

flexibility analysis.

11. Description of Projected

Reporting, Recordkeeping and Other

Compliance Requirements. The

Commission has adopted rules that limit

the level of emissions between 217–231

GHz and implement a spectrum

etiquette for systems operating in the

59–64 GHz band. Measurements of the

emission levels and spectrum etiquette

will be reported to the Commission as

part of the normal equipment

authorization process under our

certification procedure.

12. Significant Alternatives and Steps

Taken To Minimize Significant

Economic Impact on a Substantial

Number of Small Entities Consistent

With Stated Objectives. No alternatives

or other steps were addressed in this

proceeding.

13. Report to Congress. The

Commission shall send a copy of this

Final Regulatory Flexibility Analysis,

along with this Third Report and Order,

in a report to Congress pursuant to the

Small Business Regulatory Enforcement

Fairness Act of 1996, 5 U.S.C.

801(a)(1)(A).

List of Subjects

47 CFR Part 2

Communications equipment, Radio.

47 CFR Part 15

Communications equipment,

Highway safety, Radio.

47 CFR Part 97

Radio.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

Accordingly, title 47 of the Code of

Federal Regulations, parts 2, 15, and 97

are amended as follows:

PART 2—FREQUENCY ALLOCATIONS

AND RADIO TREATY MATTERS;

GENERAL RULES AND REGULATIONS

1. The authority for part 2 continues

to read as follows:
42278 Federal Register / Vol. 63, No. 152 / Friday, August 7, 1998 /Rules and Regulations

Authority: 47 U.S.C. 154, 302, 303, 307 and

336, unless otherwise noted.

2. Section 2.106, the Table of

Frequency Allocations, is amended by

revising the entry for 76–77 GHz, by

removing the entry for 77–81 GHz, and

adding new entries for 77–77.5 GHz,

77.5–78 GHz, and 78–81 GHz to read as

follows:

§ 2.106 Table of Frequency Allocations.

* * * * *

International table United States table FCC use designators

Region 1— allocation GHzRegion 2—allocation GHzRegion 3—allocation GHz

Government Non-Government

Rule part(s) Special-use frequencies Allocation GHz Allocation GHz

(1) (2) (3) (4) (5) (6) (7)

* * * * * * *

76–77 RADIOLOCATION

Amateur Amateur-Satellite

Space Research

(space-to-Earth).

76–77 RADIOLOCATION

Amateur Amateur-Satellite

Space Research (spaceto-Earth).

76–77 RADIOLOCATION

Amateur Amateur-Satellite

Space Research (spaceto-Earth).

76–77 RADIOLOCATION.76–77 RADIOLOCATION

Amateur.

RADIO FREQUENCY DEVICES (15).

77–77.5 RADIOLOCATION

Amateur Amateur-Satellite

Space Research

(space-to-Earth).

77–77.5 RADIOLOCATION

Amateur Amateur-Satellite

Space Research (spaceto-Earth).

77–77.5 RADIOLOCATION

Amateur Amateur-Satellite

Space Research (spaceto-Earth).

77–77.5 RADIOLOCATION.77–77.5 RADIOLOCATION

Amateur Amateur-Satellite.

Amateur (97) .......

77.5–78 RADIOLOCATION

Amateur Amateur-Satellite

Space Research

(space-to-Earth).

77.5–78 RADIOLOCATION

Amateur Amateur-Satellite

Space Research (spaceto-Earth).

77.5–78 RADIOLOCATION

Amateur Amateur-Satellite

Space Research (spaceto-Earth).

77.5–78 RADIOLOCATION.77.5–78 RADIOLOCATION

AMATEUR

AMATEURSATELLITE.

AMATEUR (97) ...

78–81 RADIOLOCATION

Amateur Amateur-Satellite

Space Research

(space-to-Earth).

78–81 RADIOLOCATION

Amateur Amateur-Satellite

Space Research (spaceto-Earth).

78–81 RADIOLOCATION

Amateur Amateur-Satellite

Space Research (spaceto-Earth).

78–81 RADIOLOCATION 912.78–81 RADIOLOCATION

Amateur Amateur-Satellite

912.

Amateur (97) .......

* * * * * * *

3. Section 2.1033, presently in effect,

is amended by adding a new paragraph

(b)(13) to read as follows:

§ 2.1033 Application for certification.

* * * * *

(b) * * *

(13) Applications for certification of

transmitters operating within the 59.0–

64.0 GHz band under part 15 of this

chapter shall also be accompanied by an

exhibit demonstrating compliance with

the provisions of § 15.255 (g) and (i) of

this chapter.

* * * * *

3A. Section 2.1033 as revised effective

October 5, 1998, is amended by adding

new paragraph (b)(12) to read as

follows:

§ 2.1033 Application for certification.

* * * * *

(b) * * *

(12) Applications for certification of

transmitters operating within the 59.0–

64.0 GHz band under part 15 of this

chapter shall also be accompanied by an

exhibit demonstrating compliance with

the provisions of § 15.255 (g) and (i) of

this chapter.

* * * * *

PART 15—RADIO FREQUENCY

DEVICES

4. The authority citation for part 15

continues to read as follows:

Authority: 47 U.S.C. 154, 302, 303, 304,

307 and 544A.

5. Section 15.31 is amended by

revising paragraph (f)(1) to read as

follows:

§ 15.31 Measurement standards.

* * * * *

(f) * * *

(1) At frequencies at or above 30 MHz,

measurements may be performed at a

distance other than what is specified

provided: measurements are not made

in the near field except where it can be

shown that near field measurements are

appropriate due to the characteristics of

the device; and it can be demonstrated

that the signal levels needed to be

measured at the distance employed can

be detected by the measurement

equipment. Measurements shall not be

performed at a distance greater than 30

meters unless it can be further

demonstrated that measurements at a

distance of 30 meters or less are

impractical. When performing

measurements at a distance other than

that specified, the results shall be

extrapolated to the specified distance

using an extrapolation factor of 20 dB/

decade (inverse linear-distance for field

strength measurements; inverse-lineardistance-squared for power density

measurements).

* * * * *

6. Section 15.33 is amended by

revising paragraph (a)(3) to read as

follows:

§ 15.33 Frequency range of radiated

measurements.

(a) * * *

(3) If the intentional radiator operates

at or above 30 GHz: to the fifth
Federal Register / Vol. 63, No. 152 / Friday, August 7, 1998 /Rules and Regulations 42279

harmonic of the highest fundamental

frequency or to 200 GHz, whichever is

lower, unless specified otherwise

elsewhere in the rules.

* * * * *

7. Section 15.35 is amended by

revising paragraphs (b) and (c) to read

as follows:

§ 15.35 Measurement detector functions

and bandwidths.

* * * * *

(b) On any frequency of frequencies

above 1000 MHz, the radiated limits

shown are based upon the use of

measurement instrumentation

employing an average detector function.

When average radiated emission

measurements are specified in the

regulations, including emission

measurements below 1000 MHz, there is

also a limit on the radio frequency

emissions, as measured using

instrumentation with a peak detector

function, corresponding to 20 dB above

the maximum permitted average limit

for the frequency being investigated

unless a different peak emission limit is

otherwise specified in the rules in this

part, e.g., see § 15.255. Unless otherwise

specified, measurements above 1000

MHz shall be performed using a

minimum resolution bandwidth of 1

MHz. Measurement of AC power line

conducted emissions are performed

using a CISPR quasi-peak detector, even

for devices for which average radiated

emission measurements are specified.

(c) Unless otherwise specified, e.g.

§ 15.255(b), when the radiated emission

limits are expressed in terms of the

average value of the emission, and

pulsed operation is employed, the

measurement field strength shall be

determined by averaging over one

complete pulse train, including

blanking intervals, as long as the pulse

train does not exceed 0.1 seconds. As an

alternative (provided the transmitter

operates for longer than 0.1 seconds) or

in cases where the pulse train exceeds

0.1 seconds, the measured field strength

shall be determined from the average

absolute voltage during a 0.1 second

interval during which the field strength

is at its maximum value. The exact

method of calculating the average field

strength shall be submitted with any

application for certification or shall be

retained in the measurement data file

for equipment subject to notification or

verification.

8. Section 15.253 is amended by

revising paragraph (c) to read as follows.

§ 15.253 Operation within the bands 46.7–

46.9 GHz and 76.0–77.0 GHz.

* * * * *

(c) The power density of any

emissions outside the operating band

shall consist solely of spurious

emissions and shall not exceed the

following:

(1) Radiated emissions below 40 GHz

shall not exceed the general limits in

§ 15.209.

(2) Radiated emissions outside the

operating band and between 40 GHz and

200 GHz shall not exceed the following:

(i) For vehicle-mounted field

disturbance sensors operating in the

band 46.7–46.9 GHz: 2 pW/cm2 at a

distance of 3 meters from the exterior

surface of the radiating structure.

(ii) For forward-looking vehiclemounted field disturbance sensors

operating in the band 76–77 GHz: 600

pW/cm2 at a distance of 3 meters from

the exterior surface of the radiating

structure.

(iii) For side-looking or rear-looking

vehicle-mounted field disturbance

sensors operating in the band 76–77

GHz: 300 pW/cm2 at a distance of 3

meters from the exterior surface of the

radiating structure.

(3) For radiated emissions above 200

GHz from field disturbance sensors

operating in the 76–77 GHz band: the

power density of any emission shall not

exceed 1000 pW/cm2 at a distance of 3

meters from the exterior surface of the

radiating structure.

(4) For field disturbance sensors

operating in the 76–77 GHz band, the

spectrum shall be investigated up to 231

GHz.

* * * * *

9. Section 15.255 is revised to read as

follows:

§ 15.255 Operation within the band 59.0–

64.0 GHz.

(a) Operation under the provisions of

this section is not permitted for the

following products:

(1) Equipment used on aircraft or

satellites.

(2) Field disturbance sensors,

including vehicle radar systems, unless

the field disturbance sensors are

employed for fixed operation. For the

purposes of this section, the reference to

fixed operation includes field

disturbance sensors installed in fixed

equipment, even if the sensor itself

moves within the equipment.

(b) Within the 59–64 GHz band,

emission levels shall not exceed the

following:

(1) For products other than fixed field

disturbance sensors, the average power

density of any emission, measured

during the transmit interval, shall not

exceed 9 μW/cm2, as measured 3 meters

from the radiating structure, and the

peak power density of any emission

shall not exceed 18 μW/cm2, as

measured 3 meters from the radiating

structure.

(2) For fixed field disturbance sensors

that occupy 500 MHz or less of

bandwidth and that are contained

wholly within the frequency band 61.0–

61.5 GHz, the average power density of

any emission, measured during the

transmit interval, shall not exceed 9

μW/cm2, as measured 3 meters from the

radiating structure, and the peak power

density of any emission shall not exceed

18 μW/cm2, as measured 3 meters from

the radiating structure. In addition, the

average power density of any emission

outside of the 61.0–61.5 GHz band,

measured during the transmit interval,

but still within the 59–64 GHz band,

shall not exceed 9 nW/cm2, as measured

3 meters from the radiating structure,

and the peak power density of any

emission shall not exceed 18 nW/cm2,

as measured three meters from the

radiating structure.

(3) For fixed field disturbance sensors

other than those operating under the

provisions of paragraph (b)(2) of this

section, the peak transmitter output

power shall not exceed 0.1 mW and the

peak power density shall not exceed 9

nW/cm2 at a distance of 3 meters.

(4) Peak power density shall be

measured with an RF detector that has

a detection bandwidth that encompasses

the 59–64 GHz band and has a video

bandwidth of at least 10 MHz, or using

an equivalent measurement method.

(5) The average emission limits shall

be calculated, based on the measured

peak levels, over the actual time period

during which transmission occurs.

(c) Limits on spurious emissions:

(1) The power density of any

emissions outside the 59.0–64.0 GHz

band shall consist solely of spurious

emissions.

(2) Radiated emissions below 40 GHz

shall not exceed the general limits in

§ 15.209.

(3) Between 40 GHz and 200 GHz, the

level of these emissions shall not exceed

90 pW/cm2 at a distance of 3 meters.

(4) The levels of the spurious

emissions shall not exceed the level of

the fundamental emission.

(d) Only spurious emissions and

transmissions related to a publiclyaccessible coordination channel, whose

purpose is to coordinate operation

between diverse transmitters with a

view towards reducing the probability

of interference throughout the 59–64

GHz band, are permitted in the 59.0–

59.05 GHz band.

Note to paragraph (d): The 59.0–59.05 GHz

is reserved exclusively for a publiclyaccessible coordination channel. The

development of standards for this channel
42280 Federal Register / Vol. 63, No. 152 / Friday, August 7, 1998 /Rules and Regulations

shall be performed pursuant to

authorizations issued under part 5 of this

chapter.

(e) Except as specified elsewhere in

this paragraph (e), the total peak

transmitter output power shall not

exceed 500 mW.

(1) Transmitters with an emission

bandwidth of less than 100 MHz must

limit their peak transmitter output

power to the product of 500 mW times

their emission bandwidth divided by

100 MHz. For the purposes of this

paragraph (e)(1), emission bandwidth is

defined as the instantaneous frequency

range occupied by a steady state

radiated signal with modulation,

outside which the radiated power

spectral density never exceeds 6 dB

below the maximum radiated power

spectral density in the band, as

measured with a 100 kHz resolution

bandwidth spectrum analyzer. The

center frequency must be stationary

during the measurement interval, even

if not stationary during normal

operation (e.g. for frequency hopping

devices).

(2) Peak transmitter output power

shall be measured with an RF detector

that has a detection bandwidth that

encompasses the 59–64 GHz band and

that has a video bandwidth of at least 10

MHz, or using an equivalent

measurement method.

(3) For purposes of demonstrating

compliance with this paragraph (e),

corrections to the transmitter output

power may be made due to the antenna

and circuit loss.

(f) 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.

(g) Regardless of the power density

levels permitted under this section,

devices operating under the provisions

of this section are subject to the

radiofrequency radiation exposure

requirements specified in §§ 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.

(h) Any transmitter that has received

the necessary FCC equipment

authorization under the rules of this

chapter may be mounted in a group

installation for simultaneous operation

with one or more other transmitter(s)

that have received the necessary FCC

equipment authorization, without any

additional equipment authorization.

However, no transmitter operating

under the provisions of this section may

be equipped with external phaselocking inputs that permit beam-forming

arrays to be realized.

(i) Within any one second interval of

signal transmission, each transmitter

with a peak output power equal to or

greater than 0.1 mW or a peak power

density equal to or greater than 3 nW/

cm2, as measured 3 meters from the

radiating structure, must transmit a

transmitter identification at least once.

Each application for equipment

authorization must declare that the

equipment contains the required

transmitter identification feature and

must specify a method whereby

interested parties can obtain sufficient

information, at no cost, to enable them

to fully detect and decode this

transmitter identification information.

Upon the completion of decoding, the

transmitter identification data block

must provide the following fields:

(1) FCC Identifier, which shall be

programmed at the factory.

(2) Manufacturer’s serial number,

which shall be programmed at the

factory.

(3) Provision for at least 24 bytes of

data relevant to the specific device,

which shall be field programmable. The

grantee must implement a method that

makes it possible for users to specify

and update this data. The recommended

content of this field is information to

assist in contacting the operator.

PART 97—AMATEUR RADIO SERVICE

10. The authority citation for part 97

continues to read as follows:

Authority: 48 Stat. 1066, 1082, as

amended; 47 U.S.C. 154, 303. Interpret or

apply 48 Stat. 1064–1068, 1081–1105, as

amended; 47 U.S.C. 151–155, 301–609,

unless otherwise noted.

11. Section 97.301 is amended in the

table in paragraph (a), by revising the

entry for 4 mm under the EHF

wavelength band to read as follows:

§ 97.301 Authorized frequency bands.

* * * * *

(a) * * *

Wavelength band ITU—Region 1

ITU—Region 2ITU—Region 3

Sharing requirements

see § 97.303 (Paragraph)

* * * * * * *

EHF GHz GHz GHz

* * * * * * *

4 mm ................................................................................................................ 75.5–81.0 75.5–81.0 75.5–81.0 (b), (c), (h), (r).

* * * * * * *

* * * * *

12. Section 97.303 is amended by

revising paragraphs (b), (c) and (h) and

by adding a new paragraph (r), to read

as follows:

§ 97.303 Frequency sharing requirements.

* * * * *

(b) No amateur station transmitting in

the 1900–2000 kHz segment, the 70 cm

band, the 33 cm band, the 13 cm band,

the 9 cm band, the 5 cm band, the 3 cm

band, the 24.05–24.25 GHz segment, the

77.0–77.5 GHz segment, the 78–81 GHz

segment, the 144–149 GHz segment, and

the 241–248 GHz segment shall cause

harmful interference to, nor is protected

from interference due to the operation

of, the Government radiolocation

service.

(c) No amateur station transmitting in

the 1900–2000 kHz segment, the 3 cm

band, the 77.0–77.5 GHz segment, the

78–81 GHz segment, the 144–149 GHz

segment, and the 241–248 GHz segment

shall cause harmful interference to, nor

is protected from interference due to the

operation of, stations in the nonGovernment radiolocation service.

* * * * *
Federal Register / Vol. 63, No. 152 / Friday, August 7, 1998 /Rules and Regulations 42281

(h) No amateur station transmitting in

the 23 cm band, the 3 cm band, the

24.05–24.25 GHz segment, the 77–77.5

GHz segment, the 78–81 GHz segment,

the 144–149 GHz segment, and the 241–

248 GHz segment shall cause harmful

interference to, nor is protected from

interference due to the operation of,

stations authorized by other nations in

the radiolocation service.

* * * * *

(r) In the 4 mm band:

(1) Authorization of the 76–77 GHz

segment of the 4 mm band for amateur

station transmissions is suspended until

such time that the Commission may

determine that amateur station

transmissions in this segment will not

pose a safety threat to vehicle radar

systems operating in this segment.

(2) In places where the amateur

service is regulated by the FCC, the

77.5–78 GHz segment is allocated to the

amateur service and amateur-satellite

service on a co-primary basis with the

Government and non-Government

radiolocation services.

[FR Doc. 98–20361 Filed 8–6–98; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 98–38; RM–9223]

Radio Broadcasting Services; Fowler,

IN

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

291A to Fowler, Indiana, as that

community’s first local aural

transmission service in response to a

petition filed by Kevin R. Page. See 63

FR 17145, April 8, 1998. Coordinates

used for Channel 291A at Fowler are

40–38–05 and 87–18–46. With this

action, the proceeding is terminated.

DATES: Effective July 13, 1998. A filing

window for Channel 291A at Fowler,

Indiana, will not be opened at this time.

Instead, the issue of opening a filing

window for this channel will be

addressed by the Commission in a

separate Order.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180. Questions related to the

application filing process should be

addressed to the Audio Services

Division, (202) 418–2700.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 98–38,

adopted May 20, 1998, and released

May 29, 1998. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC’s Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy

contractors, International Transcription

Service, Inc., 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Indiana, is amended

by adding Fowler, Channel 291A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–21140 Filed 8–6–98; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–226; RM–9184]

Radio Broadcasting Services;

Prineville, OR

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Michael Mattson and Kenneth

Lewetag, allots Channel 254C3 to

Prineville, OR, as the community’s

second local FM service. See 62 FR

61720, November 19, 1997. Channel

254C3 can be allotted to Prineville in

compliance with the Commission’s

minimum distance separation

requirements with a site restriction of

10.6 kilometers (6.6 miles) southeast, at

coordinates 44–13–30 North Latitude

and 120–46–30 West Longitude, to

avoid a short-spacing to Station KUPL–

FM, Channel 254C1, Portland, OR. With

this action, this proceeding is

terminated.

DATES: Effective May 4, 1998. A filing

window for Channel 254C3 at

Prineville, OR, will not be opened at

this time. Instead, the issue of opening

a filing window for this channel will be

addressed by the Commission in a

subsequent order.

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 97–226,

adopted March 11, 1998, and released

March 20, 1998. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 1231 20th Street,

NW, Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334. 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Oregon, is amended

by adding Channel 254C3 at Prineville.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–21139 Filed 8–6–98; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 971208297–8054–02; I.D.

080398A]

Fisheries of the Economic Exclusive

Zone Off Alaska; Shallow-water

Species Fishery by Vessels Using

Trawl Gear in the Gulf of Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.