[Federal Register Volume 63, Number 152 (Friday, August 7, 1998)]
[Rules and Regulations]
[Pages 42276-42281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20361]


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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.

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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 Sec. 2.1033(b)(12) which is effective October 5, 1998.

FOR FURTHER INFORMATION CONTACT: Rodney P. Conway (202) 418-2904 or via 
electronic mail: <a href="/cdn-cgi/l/email-protection#7200111d1c05130b321411115c151d04"><span class="__cf_email__" data-cfemail="6012030f0e170119200603034e070f16">[email protected]</span></a>. 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 <a href="/cdn-cgi/l/email-protection#6b010904070e122b0d0808450c041d"><span class="__cf_email__" data-cfemail="2248404d4e475b624441410c454d54">[email protected]</span></a>.

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 
co-primary 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

[[Page 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:


[[Page 42278]]


    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:


Sec. 2.106  Table of Frequency Allocations.

* * * * *

                                                                                                                                                        
                           International table                                      United States table                     FCC use designators         
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              Government        Non-Government                                          
    Region 1-- allocation GHz         Region 2--          Region 3--     ----------------------------------------    Rule part(s)         Special-use   
                                    allocation GHz      allocation GHz      Allocation GHz      Allocation GHz                            frequencies   
(1)                               (2)...............  (3)...............  (4)...............  (5)...............  (6)...............  (7)               
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
76-77 RADIOLOCATION Amateur       76-77               76-77               76-77               76-77               RADIO FREQUENCY     ..................
 Amateur-Satellite Space           RADIOLOCATION       RADIOLOCATION       RADIOLOCATION.      RADIOLOCATION       DEVICES (15).                        
 Research (space-to-Earth).        Amateur Amateur-    Amateur Amateur-                        Amateur.                                                 
                                   Satellite Space     Satellite Space                                                                                  
                                   Research (space-    Research (space-                                                                                 
                                   to-Earth).          to-Earth).                                                                                       
77-77.5 RADIOLOCATION Amateur     77-77.5             77-77.5             77-77.5             77-77.5             Amateur (97)......  ..................
 Amateur-Satellite Space           RADIOLOCATION       RADIOLOCATION       RADIOLOCATION.      RADIOLOCATION                                            
 Research (space-to-Earth).        Amateur Amateur-    Amateur Amateur-                        Amateur Amateur-                                         
                                   Satellite Space     Satellite Space                         Satellite.                                               
                                   Research (space-    Research (space-                                                                                 
                                   to-Earth).          to-Earth).                                                                                       
77.5-78 RADIOLOCATION Amateur     77.5-78             77.5-78             77.5-78             77.5-78             AMATEUR (97)......  ..................
 Amateur-Satellite Space           RADIOLOCATION       RADIOLOCATION       RADIOLOCATION.      RADIOLOCATION                                            
 Research (space-to-Earth).        Amateur Amateur-    Amateur Amateur-                        AMATEUR AMATEUR-                                         
                                   Satellite Space     Satellite Space                         SATELLITE.                                               
                                   Research (space-    Research (space-                                                                                 
                                   to-Earth).          to-Earth).                                                                                       
78-81 RADIOLOCATION Amateur       78-81               78-81               78-81               78-81               Amateur (97)......  ..................
 Amateur-Satellite Space           RADIOLOCATION       RADIOLOCATION       RADIOLOCATION 912.  RADIOLOCATION                                            
 Research (space-to-Earth).        Amateur Amateur-    Amateur Amateur-                        Amateur Amateur-                                         
                                   Satellite Space     Satellite Space                         Satellite 912.                                           
                                   Research (space-    Research (space-                                                                                 
                                   to-Earth).          to-Earth).                                                                                       
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
    3. Section 2.1033, presently in effect, is amended by adding a new 
paragraph (b)(13) to read as follows:


Sec. 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 Sec. 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:


Sec. 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 Sec. 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:


Sec. 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-linear-distance-squared for 
power density measurements).
* * * * *
    6. Section 15.33 is amended by revising paragraph (a)(3) to read as 
follows:


Sec. 15.33  Frequency range of radiated measurements.

    (a) * * *
    (3) If the intentional radiator operates at or above 30 GHz: to the 
fifth

[[Page 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:


Sec. 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 Sec. 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. Sec. 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.


Sec. 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 Sec. 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/cm\2\ at a distance of 3 meters from the 
exterior surface of the radiating structure.
    (ii) For forward-looking vehicle-mounted field disturbance sensors 
operating in the band 76-77 GHz: 600 pW/cm\2\ 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/cm\2\ 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/cm\2\ 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:


Sec. 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 <greek-m>W/cm\2\, as measured 3 meters 
from the radiating structure, and the peak power density of any 
emission shall not exceed 18 <greek-m>W/cm\2\, 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 <greek-m>W/cm\2\, as 
measured 3 meters from the radiating structure, and the peak power 
density of any emission shall not exceed 18 <greek-m>W/cm\2\, 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/cm\2\, as measured 3 meters from the 
radiating structure, and the peak power density of any emission shall 
not exceed 18 nW/cm\2\, 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/cm\2\ 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 Sec. 15.209.
    (3) Between 40 GHz and 200 GHz, the level of these emissions shall 
not exceed 90 pW/cm\2\ 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 
publicly-accessible 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 publicly-accessible coordination channel. The 
development of standards for this channel

[[Page 42280]]

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 Secs. 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 phase-locking 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/cm\2\, 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:


Sec. 97.301  Authorized frequency bands.

* * * * *
    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                      ITU--Region   ITU--Region   ITU--Region    Sharing requirements see Sec.  
          Wavelength band                  1             2             3               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:


Sec. 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 non-Government radiolocation service.
* * * * *

[[Page 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


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