[Federal Register Volume 63, Number 147 (Friday, July 31, 1998)]
[Rules and Regulations]
[Pages 40831-40837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20429]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket No. 96-102, FCC 98-121]


Unlicensed NII Devices in the 5 GHz Frequency Range

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: By this Memorandum Opinion and Order (``MO&O''), the 
Commission amends the rules to permit fixed, point-to-point Unlicensed 
National Information Infrastructure (``U-NII'') devices in the 5.725-
5.825 GHz band to operate with one watt maximum transmitter output 
power and

[[Page 40832]]

directional antennas of up to 23 dBi gain. Additionally, the MO&O 
amends the Commission's rules to specify transmit power limits in the 
form of a logarithmic equation as a function of channel bandwidth for 
all U-NII devices in all U-NII bands. It also clarifies the rules 
regarding unwanted emissions and specifies these limits in terms of 
absolute radiated power levels. Further, this action clarifies and 
addresses other issues raised in the petitions for reconsideration 
regarding the operation of, and regulations governing, U-NII devices. 
The actions taken herein will add to the flexibility and capability of 
U-NII operations without causing an increase in harmful interference to 
incumbent operations sharing the same spectrum.

EFFECTIVE DATE: August 31, 1998.

FOR FURTHER INFORMATION CONTACT: Tom Derenge, Office of Engineering and 
Technology, (202) 418-2451.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's MO&O, 
ET Docket 96-102, FCC 98-121, adopted June 17, 1998, and released June 
24, 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, N.W., Washington, D.C., and 
also may be purchased from the Commission's duplication contractor, 
International Transcription Service, (202) 857-3800, 1231 20th Street, 
N.W. Washington, D.C. 20036.

Summary of the Memorandum Opinion and Order

    1. On January 9, 1997, the Commission adopted a Report and Order 
(``R&O'') in ET Docket No. 96-102, 62 FR 04649, January 31, 1997, which 
amended part 15 of its rules to make available 300 megahertz of 
spectrum at 5.15-5.35 GHz and 5.725-5.825 GHz for use by a new category 
of unlicensed equipment, called U-NII devices. These devices are 
intended to provide high speed wireless digital communications on an 
unlicensed basis. The R&O stated that U-NII devices will support the 
creation of new wireless local area networks (``LANs'') and will 
facilitate wireless access to the National Information Infrastructure 
(``NII''). In order to permit flexibility in the design and operation 
of these devices, the R&O adopted those technical rules found to be 
minimally necessary to prevent interference to other services and to 
ensure that the spectrum is used efficiently. Additionally, the rules 
set forth in the R&O were intended to foster the development of a broad 
range of new devices and service offerings that will stimulate economic 
development and the growth of new industries.
    2. In response to the R&O, on March 3, 1997, Apple Computer, Inc. 
(``Apple''), Hewlett Packard Company (``H-P'') and the Wireless 
Information Networks Forum (``WINForum'') filed petitions requesting 
reconsideration of certain aspects of the R&O and further clarification 
of certain rules adopted in that proceeding. The MO&O adopts in part 
the reconsideration requests of Apple and WINForum, denies the 
reconsideration request of H-P and dismisses a later filed petition for 
rulemaking by Clarity Wireless Incorporated. Specifically, the MO&O 
adopts WINForum's proposal of expressing the transmit power for U-NII 
devices as a logarithmic equation dependent on bandwidth. This action 
will not increase the maximum power permitted by U-NII devices, but 
would merely scale permissible maximum power to the bandwidth used by 
the U-NII device. Further, the MO&O denies requests to ease power and 
antenna limits for U-NII devices at this time except for point-to-point 
links in the 5.725-5.825 GHz band, which will be permitted to operate 
with up to 1 watt transmitter output power and 23 dBi gain antennas. 
Non point-to-point U-NII devices in the 5.725-5.825 GHz band must meet 
the original power limits of 1 watt transmitter output power with up to 
6 dBi gain antennas. The item, however, pledges that the Commission 
will work with industry, consumers, government agencies, and other 
interested parties to closely monitor whether these limits can be eased 
in the future.
    3. With respect to power spectral density, the Commission 
acknowledges that there are variations in a signal's power across its 
emission bandwidth, but concludes that the public interest would not be 
served by amending its rules to allow a 3-dB tolerance in meeting U-NII 
power spectral density (``PSD'') requirements in any one megahertz 
segment, even if the total PSD requirement across the signal's 
bandwidth is met. Instead, for compliance with the PSD requirement, the 
rules are amended to permit integration of the power over the PSD 
measurement bandwidth (the lesser of 1 megahertz or the 26 dB 
bandwidth) such that the variations in envelope power will be averaged 
out. The MO&O states that this measurement procedure is sufficient to 
accommodate the digital modulation techniques anticipated for U-NII 
devices and that integrating the power over the measurement bandwidth 
would not cause additional interference problems with other services 
due to the averaging effect of the power from multiple devices.
    4. The Commission denies Apple's request to modify the U-NII PSD 
requirements to permit the spread of the maximum power across a smaller 
bandwidth and maintains the PSD limits adopted within the R&O. 
Specifically, U-NII devices shall limit their PSD as follows: (a) in 
the 5.15-5.25 GHz band, the transmitter peak PSD will be limited to 2.5 
mW (4 dBm) in any one megahertz band for an antenna gain of up to 6 
dBi; (b) in the 5.25-5.35 GHz band, the transmitter peak PSD will be 
limited to 12.5 mW (11 dBm) in any one megahertz band for an antenna 
gain of up to 6 dBi; and (c) in the 5.725-5.825 GHz band, the 
transmitter peak PSD will be limited to 50 mW (17 dBm) in any one 
megahertz band for an antenna gain of up to 6 dBi (23 dBi for fixed, 
point-to-point systems).
    5. In response to WINForum requested clarification of the limits on 
unwanted UNII emissions, the Commission amends its rules so that U-NII 
emission limits will now be expressed in absolute terms based on the 
maximum permitted in-band power limits rather than in terms relative to 
actual in-band operating power. The Commission concludes that 
expression of U-NII out-of-band and spurious emission limits as 
absolute radiated power levels would afford manufacturers maximum 
flexibility in designing U-NII devices that would comply with the 
emission requirements. Therefore, the MO&O revises sections 
15.407(b)(1-3) to express U-NII out-of-band and spurious emission 
limits in terms of the effective isotropically radiated power per 
megahertz (``EIRP/MHz'') equivalents for U-NII transmitters operating 
at maximum permitted power with a 6 dBi gain antenna. Additionally, the 
MO&O revises section 15.407(b)(3) to clarify that all emissions within 
10 megahertz of the edge of the 5.725-5.825 GHz band shall not exceed 
an EIRP of -17 dBm/MHz, and all emissions farther than 10 megahertz 
from the edge of the 5.725-5.825 GHz band shall not exceed an EIRP of -
27 dBm/MHz. Because the U-NII emission limits are expressed in terms of 
EIRP/MHz based on maximum permitted power with a 6 dBi gain antenna, 
out-of-band and spurious emissions are limited to a maximum level 
regardless of antenna gain.
    6. Additionally, the MO&O clarifies the rules specifying U-NII 
emission limits in the restricted bands of section 15.205, but rejects 
WINForum's contention that the U-NII emission limits of section 
15.407(b)(1-3) should

[[Page 40833]]

take precedence over the restricted band emission limits. As reflected 
in section 15.407(b)(6) adopted by the R&O, all U-NII emissions must 
meet section 15.205 requirements for emissions into the restricted 
bands, in order to protect sensitive radio operations and safety-of-
life radio operations. Further, the Commission revises sections 
15.407(b)(1-2) to clarify that they apply to emissions that emanate 
from U-NII devices operating in the 5.15-5.25 GHz and 5.25-5.35 GHz 
bands and that fall outside of the restricted bands. Specifically, for 
devices operating in these bands, U-NII emissions outside these bands 
shall not exceed an EIRP of -27 dBm/MHz. The MO&O also clarifies 
section 15.407(b)(5) to state that the emission requirements of section 
15.209 apply to only those U-NII emissions that are below 1 GHz.
    7. The Commission also modifies its rules regarding the definition 
of U-NII technical parameters and performance of compliance 
measurements to better accommodate advanced digital modulation 
techniques. The MO&O recognizes that digital modulation techniques 
often display symbol-to-symbol envelope variations and short duration 
peaks that do not cause increased interference to other operations. It 
also notes that defining power in terms of the average of all symbols 
in a particular modulation technique and establishing a proper time 
interval to measure transmission pulses would help account for the 
peak-to-average variations in measuring digital signals. Additionally, 
in order to get an accurate measurement for digital networking devices, 
the MO&O finds that measurements should be made over bursts that are 
transmitted at the maximum power control level and that any power 
averaging must not include time intervals during which the transmitter 
is off or transmitting at a reduced power level. Accordingly, the MO&O 
amends its U-NII technical definitions and measurement procedures to 
address the above concerns raised by WINForum.
    8. Additionally, the MO&O imposes a maximum 13 dB ratio limitation 
between the peak excursion of the modulation envelope (measured using a 
peak hold function) and the peak transmit power (measured as specified 
above) across the lesser of any 1 MHz bandwidth or the emission 
bandwidth. These U-NII measurements must be made using the procedures 
specified in the Commission's rules and in document ANSI C63.17-1998 
over an interval of continuous transmission during which the output 
power is at a maximum. The Commission concludes that this approach will 
enable the development of new U-NII digital modulation techniques that 
will not have an undesirably high potential for causing interference to 
other devices and services.
    9. Regarding the measurement of unwanted emissions, the Commission 
reaffirms its finding in the R&O that these measurements should be 
performed with a minimum resolution bandwidth of one megahertz. This is 
consistent with section 15.35(b) of the Commission's rules and reduces 
the influence of different filter responses and ensures repeatability 
of measurements. Nevertheless, the U-NII rules permit a lower 
resolution bandwidth for measurements near the band edge, when 
necessary, provided the measured energy is integrated to show the total 
power over one megahertz. Therefore, the MO&O concludes that adoption 
of WINForum's proposed definitions for ``average symbol envelope 
power,'' ``pulse,'' ``transmit power,'' ``peak transmit power,'' 
``power spectral density,'' and ``peak power spectral density'' 
combined with the use of measurement techniques specified in the 
Commission's rules and in ANSI C63.17-1998 are appropriate and will 
permit accurate measurement of U-NII technical parameters.
    10. The MO&O clarifies that the intent of this proceeding was to 
facilitate the development of digital equipment using digital 
modulation techniques capable of achieving network communications on 
wide bandwidth channels at high data rates. Therefore, the MO&O adds to 
the rules a definition for digital modulation, but states that it is 
not necessary to prescribe which digital modulation techniques would be 
permitted because this may restrict the implementation of newly 
developed digital modulation techniques.
    11. Finally, the Commission clarifies that U-NII devices that meet 
the operational requirements for the 5.15-5.25 GHz band are permitted 
to operate across the entire 5.15-5.35 GHz band. The Commission notes 
that nothing in its current rules prevents devices that meet the 
requirements of multiple bands from operating in the different U-NII 
bands as long as the device complies with the operating requirements of 
the band it is transmitting in.

Final Regulatory Flexibility Analysis

    12. As required by the Regulatory Flexibility Act 
(``RFA''),<SUP>1</SUP> an Initial Regulatory Flexibility Analysis 
(``IRFA'') was incorporated in the Notice of Proposed Rulemaking 
(``NPRM'') in this proceeding.<SUP>2</SUP> The Commission sought 
written public comments on the proposals in the NPRM including on the 
IRFA. Further, the Commission adopted a Final Regulatory Flexibility 
Analysis (``FRFA'') in the Report and Order (``R&O'') in this 
proceeding.<SUP>3</SUP> The Commission's Supplemental Final Regulatory 
Flexibility Analysis (``SFRFA'') in this Memorandum Opinion and Order 
(``MO&O'') conforms to the RFA, as amended by the Contract With America 
Advancement Act of 1996 (``CWAAA''), Pub. L. 104-121, 110 Stat. 847 
(1996).<SUP>4</SUP>
---------------------------------------------------------------------------

    \1\ See 5 U.S.C. 603.
    \2\ See NPRM, ET Docket No. 96-102, 11 FCC Rcd 7205 (1996), 61 
FR 24749, May 16, 1996.
    \3\ See Report and Order, ET Docket 96-102, 12 FCC Rcd 1576 
(1997).
    \4\ See Subtitle II of the CWAAA is ``The Small Business 
Regulatory Enforcement Fairness Act of 1996'' (``SBREFA''), codified 
at 5 U.S.C. 603.
---------------------------------------------------------------------------

    13. Need for and Objectives of the Rule: By this action, the 
Commission affirms its decision to provide 300 megahertz of spectrum 
for a new category of unlicensed equipment called ``Unlicensed National 
Information Infrastructure'' (``U-NII'') devices. These devices are 
needed to provide high speed wireless digital communications on an 
unlicensed basis. This action is intended to provide clarification of 
the rules governing the use of these devices adopted in the R&O. 
Additionally, at the request of petitioners we are relaxing certain 
technical requirements to enable these devices to achieve more reliable 
communications. We believe the rules set forth herein will foster the 
development of a broad range of new devices and services that will 
stimulate economic development and the growth of new industries. 
Finally, this action will promote the ability of U.S. manufacturers to 
compete globally by enabling them to develop unlicensed digital 
communications products for the world market.
    14. Summary of Significant Issues Raised by the Public Comments in 
Response to the IRFA: As noted in the previous FRFA, we received five 
comments that directly addressed the IRFA in this proceeding. The 
concerns raised by these comments were addressed in the FRFA. No new 
comments or reconsiderations were filed relating directly to the IRFA 
or FRFA in this proceeding.
    15. Description and Estimate of the Number of Small Entities to 
Which the Rules Will Apply: The RFA generally defines the term ``small 
business'' as having the same meaning as the term ``small business 
concern'' under the Small Business Act, 15 U.S.C. 632. Based on that 
statutory provision, we

[[Page 40834]]

will consider a small business concern 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''). The RFA SBREFA provisions also apply to 
nonprofit organizations and to governmental organizations. Since the 
Regulatory Flexibility Act amendments were not in effect until the 
record in this proceeding was closed, the Commission was unable to 
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. The rules 
adopted in this MO&O will apply to any entities manufacturing U-NII 
devices to operate in the 5 GHz range which could include computer 
manufacturers and unlicensed RF equipment manufacturers. Although the 
rules do not directly affect entities that purchase this equipment, 
comments contend that several million entities, including consumers, 
schools, libraries, and small businesses, could benefit from the use of 
these devices.
    16. The rules adopted in this MO&O will apply to entities engaged 
in the manufacturing of U-NII devices. The Commission has not developed 
a definition of small entities applicable to unlicensed device 
manufacturers. Therefore, the applicable definition of small entity is 
the definition under the SBA rules applicable to manufacturers of 
``Radio and Television Broadcasting and Communications Equipment'' and 
``Computer Manufacturers.'' According to the SBA's regulations, an RF 
manufacturer must have 750 or fewer employees in order to qualify as a 
small business.<SUP>5</SUP> Census Bureau data indicates that there are 
858 companies in the United States 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.<SUP>6</SUP> Further, according to SBA regulations, a 
computer manufacturer must have 1,000 or fewer employees in order to 
qualify as a small entity.<SUP>7</SUP> Census Bureau data indicates 
that there are 716 firms that manufacture electronic computers and of 
those, 659 have fewer than 500 employees and qualify as small 
entities.<SUP>8</SUP> The remaining 57 firms have 500 or more 
employees; however, we are unable to determine how many of those have 
fewer than 1,000 employees and therefore also qualify as small entities 
under the SBA definition. The Census Bureau categories are very broad 
and specific figures are not available on the number of these firms 
that will manufacture U-NII devices; however, we acknowledge the 
likelihood that many of them will be small businesses.
---------------------------------------------------------------------------

    \5\ See 13 CFR 121.201, Standard Industrial Classification (SIC) 
Code 3663.
    \6\ See U.S. Department of Commerce, 1992 Census of 
Transportation, Communications and Utilities (issued May 1995), SIC 
category 3663.
    \7\ See 13 CFR 121.201, (SIC) Code 3571.
    \8\ See U.S. Small Business Administration 1995 Economic Census 
Industry and Enterprise Report, Table 3, SIC Code 3571, (Bureau of 
the Census data adapted by the Office of Advocacy of the U.S. Small 
Business Administration).
---------------------------------------------------------------------------

    17. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements: As noted in the FRFA in this proceeding, the 
rules adopted in the R&O, as well as the subsequent MO&O, will require 
U-NII manufacturers to comply with the Commission's equipment 
certification requirements set forth in section 15.210(b), prior to 
marketing, and the radio frequency hazard requirements set forth in 
sections 1.1307(b), 1.1310, 2.1091, and 2.1093 of the rules. All 
equipment will be deemed to operate in an 'uncontrolled' environment. 
Any application for equipment certification for these devices must 
contain a statement confirming compliance with these requirements. 
Technical information showing the basis for this statement must be 
submitted to the Commission upon request. The equipment certification 
requirement is necessary to ensure compliance with the Commission's 
rules and promote electromagnetic compatibility. Further, compliance 
with the radio frequency hazard requirements is necessary to protect 
the health of individuals using the equipment. These requirements are 
typically required for all unlicensed equipment. No further reporting 
or recordkeeping requirements will be imposed. Therefore, the only 
compliance costs likely to be incurred are costs necessary to ensure 
that prototype devices comply with our equipment certification 
requirements and radio frequency hazard requirements.
    18. Skills of an application examiner, radio technician or engineer 
will be needed to meet the requirements. If a device is not 
categorically excluded, the manufacturer of the device must make a 
determination of whether the device will comply with the RF radiation 
limits. This study can be done by calculation or measurement, depending 
upon the situation. In many cases the studies can be done by a radio 
technician or engineer. Certification applications are usually done by 
application examiners.
    19. Significant Alternatives and Steps Taken by Agency To Minimize 
Significant Economic Impact on a Substantial Number of Small Entities 
Consistent With Stated Objectives: As noted in the FRFA, the Commission 
considered several significant alternatives based on comments received 
in response to the NPRM. These alternatives are discussed in the FRFA 
to the R&O. The Commission also considered alternatives to the rules 
adopted in the R&O which were in response to three Petitions for 
Reconsideration filed to the R&O and the subsequent comments. For 
example, the R&O specified the permitted transmitter output power in 
one megahertz increments up to a maximum permitted transmitter output 
power in a 20 megahertz channel. However, this would permit narrowband 
devices with channel widths less than one megahertz to transmit with 
the same power as those devices with one megahertz channel bandwidths. 
Therefore, the MO&O specifies the permitted transmitter output power as 
a logarithmic equation dependent on the channel's bandwidth, but it 
does not increase the total maximum permitted transmitter output power. 
In addition, the MO&O denied requests to permit U-NII devices in the 
5.15-5.25 GHz and 5.25-5.35 GHz band to operate at higher powers and/or 
with increased antenna gain because such action might increase the 
potential for interference problems. These actions will not have a 
significant impact on small entities.
    20. Further, the MO&O clarifies the unwanted emission requirements 
for U-NII devices. Specifically, unwanted emissions will now be 
specified as an absolute radiated power level from the antenna instead 
of requiring that U-NII devices suppress unwanted emission by a 
specific number of dBs below their operating power. The MO&O denies 
requests for relaxation of unwanted emission requirements because such 
action might create unacceptable interference problems. This action 
does not change the amount of emission suppression required for U-NII 
devices, but permits device manufacturers additional flexibility in 
meeting our requirements.
    21. Additionally, in response to a request filed by Apple Computer, 
Inc., the MO&O modifies the U-NII rules to permit fixed, point-to-point 
U-NII devices in the 5.725-5.825 GHz band to operate with one watt 
maximum transmitter output power and directional antennas of up to 23 
dBi gain. This action would facilitate the

[[Page 40835]]

development of community networks. The item denies Apple's request for 
unlimited gain antennas because of comments from the National 
Telecommunications and Information Administration which argue that such 
high gain antennas would be more susceptible to interference from 
Government operations. This action will not have a significant impact 
on small entities.
    22. At the request of WINForum, the MO&O modifies the equipment 
authorization measurement procedures and definitions for U-NII power in 
accordance with the new American National Standards Institute 
(``ANSI'') document, C63.17, which defines parameters and measurement 
procedures for unlicensed Personal Communications Service (``U-PCS'') 
devices and accounts for the characteristics of the digital modulation 
techniques used by these devices. The Commission believes that the 
increasing use of advanced digital modulation techniques does warrant 
some reconsideration of the definition of technical parameters and the 
performance of compliance measurements to ensure that equipment meets 
necessary technical standards. The Commission also denies a request 
that it permit a 3-dB tolerance in meeting power requirements because 
its peak power spectral density (``PSD'') limits are designed to be 
applicable regardless of variations caused by various signal types. 
However, to determine compliance with the peak PSD requirements, the 
MO&O will permit the averaging of power variations through the 
integration of the power variations over the required minimum PSD 
measurement bandwidth (the lesser of 1 megahertz or the signal's 26 dB 
bandwidth). These actions will not have a significant impact on small 
entities.
    23. Finally, the item clarifies that U-NII devices must use digital 
modulation techniques and amends the rules on emission limits to permit 
a single device to operate across both the 5.15-5.25 GHz and 5.25-5.35 
GHz bands as long as the technical requirements for each band are met. 
This added flexibility will assist manufacturers in designing equipment 
that more readily meets the consumer's demand and will not have a 
significant impact on small entities.
    24. Report to Congress: The Commission shall send a copy of this 
Supplemental Final Regulatory Flexibility Analysis, along with this 
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 in 47 CFR Part 15

    Communications equipment, Radio.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    For the reasons discussed in the preamble part 15 of title 47 of 
the Code of Federal Regulations, is amended as follows:

PART 15--RADIO FREQUENCY DEVICES

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

    Authority: 47 U.S.C. 154, 302, 303, 304, 307 and 544A.

    2. Section 15.17 is amended by revising paragraph (a) to read as 
follows:


Sec. 15.17  Susceptiblity to interference.

    (a) Parties responsible for equipment compliance are advised to 
consider the proximity and the high power of non-Government licensed 
radio stations, such as broadcast, amateur, land mobile, and non-
geostationary mobile satellite feeder link earth stations, and of U.S. 
Government radio stations, which could include high-powered radar 
systems, when choosing operating frequencies during the design of their 
equipment so as to reduce the susceptibility for receiving harmful 
interference. Information on non-Government use of the spectrum can be 
obtained by consulting the Table of Frequency Allocations in Sec. 2.106 
of this chapter.
* * * * *
    3. Sections 15.401, 15.403, 15.405 and 15.407, in Subpart E are 
revised to read as follows:


Sec. 15.401  Scope.

    This subpart sets out the regulations for unlicensed National 
Information Infrastructure (U-NII) devices operating in the 5.15-5.35 
GHz and 5.725-5.825 GHz bands.


Sec. 15.403  Definitions.

    (a) Average symbol envelope power. The average symbol envelope 
power is the average, taken over all symbols in the signaling alphabet, 
of the envelope power for each symbol.
    (b) Digital modulation. The process by which the characteristics of 
a carrier wave are varied among a set of predetermined discrete values 
in accordance with a digital modulating function as specified in 
document ANSI C63.17-1998.
    (c) Emission bandwidth. For purposes of this subpart the emission 
bandwidth shall be determined by measuring the width of the signal 
between two points, one below the carrier center frequency and one 
above the carrier center frequency, that are 26 dB down relative to the 
maximum level of the modulated carrier. Determination of the emissions 
bandwidth is based on the use of measurement instrumentation employing 
a peak detector function with an instrument resolutions bandwidth 
approximately equal to 1.0 percent of the emission bandwidth of the 
device under measurement.
    (d) Peak power spectral density. The peak power spectral density is 
the maximum power spectral density, within the specified measurement 
bandwidth, within the U-NII device operating band.
    (e) Peak transmit power. The maximum transmit power as measured 
over an interval of time of at most     30/B or the transmission pulse 
duration of the device, whichever is less, under all conditions of 
modulation.
    (f) Power spectral density. The power spectral density is the total 
energy output per unit bandwidth from a pulse or sequence of pulses for 
which the transmit power is at its peak or maximum level, divided by 
the total duration of the pulses. This total time does not include the 
time between pulses during which the transmit power is off or below its 
maximum level.
    (g) Pulse. A pulse is a continuous transmission of a sequence of 
modulation symbols, during which the average symbol envelope power is 
constant.
    (h) Transmit power. The total energy transmitted over a time 
interval of at most 30/B (where B is the 26 dB emission bandwidth of 
the signal in hertz) or the duration of the transmission pulse, 
whichever is less, divided by the interval duration.
    (i) U-NII devices. Intentional radiators operating in the frequency 
bands 5.15-5.35 GHz and 5.725-5.825 GHz that use wideband digital 
modulation techniques and provide a wide array of high data rate mobile 
and fixed communications for individuals, businesses, and institutions.


Sec. 15.405  Cross reference.

    (a) The provisions of subparts A, B, and C of this part apply to 
unlicensed U-NII devices, except where specific provisions are 
contained in subpart E. Manufacturers should note that this includes 
the provisions of Secs. 15.203 and 15.205.
    (b) The requirements of subpart E apply only to the radio 
transmitter contained in the U-NII device. Other aspects of the 
operation of a U-NII device may be subject to requirements

[[Page 40836]]

contained elsewhere in this chapter. In particular, a U-NII device that 
includes digital circuitry not directly associated with the radio 
transmitter also is subject to the requirements for unintentional 
radiators in subpart B.


Sec. 15.407  General technical requirements.

    (a) Power limits:
    (1) For the band 5.15-5.25 GHz, the peak transmit power over the 
frequency band of operation shall not exceed the lesser of 50 mW or 4 
dBm + 10logB, where B is the 26-dB emission bandwidth in MHz. In 
addition, the peak power spectral density shall not exceed 4 dBm in any 
1-MHz band. If transmitting antennas of directional gain greater than 6 
dBi are used, both the peak transmit power and the peak power spectral 
density shall be reduced by the amount in dB that the directional gain 
of the antenna exceeds 6 dBi.
    (2) For the band 5.25-5.35 GHz, the peak transmit power over the 
frequency band of operation shall not exceed the lesser of 250 mW or 11 
dBm + 10logB, where B is the 26-dB emission bandwidth in MHz. In 
addition, the peak power spectral density shall not exceed 11 dBm in 
any 1-MHz band. If transmitting antennas of directional gain greater 
than 6 dBi are used, both the peak transmit power and the peak power 
spectral density shall be reduced by the amount in dB that the 
directional gain of the antenna exceeds 6 dBi.
    (3) For the band 5.725-5.825 GHz, the peak transmit power over the 
frequency band of operation shall not exceed the lesser of 1 W or 17 
dBm + 10logB, where B is the 26-dB emission bandwidth in MHz. In 
addition, the peak power spectral density shall not exceed 17 dBm in 
any 1-MHz band. If transmitting antennas of directional gain greater 
than 6 dBi are used, both the peak transmit power and the peak power 
spectral density shall be reduced by the amount in dB that the 
directional gain of the antenna exceeds 6 dBi. However, fixed point-to-
point U-NII devices operating in this band may employ transmitting 
antennas with directional gain up to 23 dBi without any corresponding 
reduction in the transmitter peak output power or peak power spectral 
density. For fixed, point-to-point U-NII transmitters that employ a 
directional antenna gain greater than 23 dBi, a 1 dB reduction in peak 
transmitter power and peak power spectral density for each 1 dB of 
antenna gain in excess of 23 dBi would be required. Fixed, point-to-
point operations exclude the use of point-to-multipoint systems, omni 
directional applications, and multiple collocated transmitters 
transmitting the same information. The operator of the U-NII device, or 
if the equipment is professionally installed, the installer, is 
responsible for ensuring that systems employing high gain directional 
antennas are used exclusively for fixed, point-to-point operations.

    Note to paragraph (a)(3): The Commission strongly recommends 
that parties employing U-NII devices to provide critical 
communications services should determine if there are any nearby 
Government radar systems that could affect their operation.

    (4) The peak transmit power must be measured over any interval of 
continuous transmission using instrumentation calibrated in terms of an 
rms-equivalent voltage. The measurement results shall be properly 
adjusted for any instrument limitations, such as detector response 
times, limited resolution bandwidth capability when compared to the 
emission bandwidth, sensitivity, etc., so as to obtain a true peak 
measurement conforming to the definitions in this paragraph for the 
emission in question.
    (5) The peak power spectral density is measured as a conducted 
emission by direct connection of a calibrated test instrument to the 
equipment under test. If the device cannot be connected directly, 
alternative techniques acceptable to the Commission may be used. 
Measurements are made over a bandwidth of 1 MHz or the 26 dB emission 
bandwidth of the device, whichever is less. A resolution bandwidth less 
than the measurement bandwidth can be used, provided that the measured 
power is integrated to show total power over the measurement bandwidth. 
If the resolution bandwidth is approximately equal to the measurement 
bandwidth, and much less than the emission bandwidth of the equipment 
under test, the measured results shall be corrected to account for any 
difference between the resolution bandwidth of the test instrument and 
its actual noise bandwidth.
    (6) The ratio of the peak excursion of the modulation envelope 
(measured using a peak hold function) to the peak transmit power 
(measured as specified in this paragraph) shall not exceed 13 dB across 
any 1 MHz bandwidth or the emission bandwidth whichever is less.
    (b) Undesirable emission limits: Except as shown in paragraph 
(b)(6) of this section, the peak emissions outside of the frequency 
bands of operation shall be attenuated in accordance with the following 
limits:
    (1) For transmitters operating in the 5.15-5.25 GHz band: all 
emissions outside of the 5.15-5.35 GHz band shall not exceed an EIRP of 
-27 dBm/MHz.
    (2) For transmitters operating in the 5.25-5.35 GHz band: all 
emissions outside of the 5.15-5.35 GHz band shall not exceed an EIRP of 
-27 dBm/MHz. Devices operating in the 5.25-5.35 GHz band that generate 
emissions in the 5.15-5.25 GHz band must meet all applicable technical 
requirements for operation in the 5.15-5.25 GHz band (including indoor 
use) or alternatively meet an out-of-band emission EIRP limit of -27 
dBm/MHz in the 5.15-5.25 GHz band.
    (3) For transmitters operating in the 5.725-5.825 GHz band: all 
emissions within the frequency range from the band edge to 10 MHz above 
or below the band edge shall not exceed an EIRP of -17 dBm/MHz; for 
frequencies 10 MHz or greater above or below the band edge, emissions 
shall not exceed an EIRP of -27 dBm/MHz.
    (4) The emission measurements shall be performed using a minimum 
resolution bandwidth of 1 MHz. A lower resolution bandwidth may be 
employed near the band edge, when necessary, provided the measured 
energy is integrated to show the total power over 1 MHz.
    (5) Unwanted emissions below 1 GHz must comply with the general 
field strength limits set forth in Sec. 15.209. Further, any U-NII 
devices using an AC power line are required to comply also with the 
conducted limits set forth in Sec. 15.207.
    (6) The provisions of Sec. 15.205 apply to intentional radiators 
operating under this section.
    (7) When measuring the emission limits, the nominal carrier 
frequency shall be adjusted as close to the upper and lower frequency 
block edges as the design of the equipment permits.
    (c) The device shall automatically discontinue transmission in case 
of either absence of information to transmit or operational failure. 
These provisions are not intended to preclude the transmission of 
control or signalling information or the use of repetitive codes used 
by certain digital technologies to complete frame or burst intervals. 
Applicants shall include in their application for equipment 
authorization a description of how this requirement is met.
    (d) Any U-NII device that operates in the 5.15-5.25 GHz band shall 
use a transmitting antenna that is an integral part of the device.
    (e) Within the 5.15-5.25 GHz band, U-NII devices will be restricted 
to indoor operations to reduce any potential for harmful interference 
to co-channel MSS operations.
    (f) U-NII devices are subject to the radio frequency radiation 
exposure requirements specified in Sec. 1.1307(b), Sec. 2.1091 and 
Sec. 2.1093 of this chapter, as

[[Page 40837]]

appropriate. All equipment shall be considered to operate in a 
``general population/uncontrolled'' environment. 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.
    (g) Manufacturers of U-NII devices are responsible for ensuring 
frequency stability such that an emission is maintained within the band 
of operation under all conditions of normal operation as specified in 
the users manual.

[FR Doc. 98-20429 Filed 7-30-98; 8:45 am]
BILLING CODE 6712-01-P