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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Rules and Regulations]
[Pages 100856-100868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29313]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 30

[ET Docket No. 21-186; FCC 24-124; FR ID 267422]

Modifying Emissions Limits for the 24.25-24.45 GHz and 24.75-
25.25 GHz Bands

AGENCY:  Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) revises the Commission's rules for the 24.25-24.45 GHz and 
24.75-25.25 GHz bands (collectively, the 24 GHz band) to implement 
certain decisions made in the World Radiocommunication Conference held 
by the International Telecommunication Union (ITU) in 2019 (WRC-19). 
Specifically, the Commission aligns part 30 of the Commission's rules 
for mobile operations in these frequencies with the Resolution 750 
limits adopted at WRC-19 to protect the passive 23.6-24.0 GHz band from 
unwanted emissions on the timeframes adopted at WRC-19.

DATES: Effective date: This rule is effective January 13, 2025.

FOR FURTHER INFORMATION CONTACT: Simon Banyai of the Wireless 
Telecommunications Bureau, Broadband Division, at 202-418-1443 or by 
email to [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order in ET Docket No. 21-186; FCC 24-124; adopted on November 27, 
2024 and released on December 2, 2024, 2024. The full text of this 
document is available at https://docs.fcc.gov/public/attachments/FCC-24-124A1.pdf.
    Regulatory Flexibility Act. The Regulatory Flexibility Act of 1980, 
as amended (RFA), requires that an agency prepare a regulatory 
flexibility analysis for notice-and-comment rulemakings, unless the 
agency certifies that ``the rule will not, if promulgated, have a 
significant economic impact on a substantial number of small 
entities.'' Accordingly, the Commission has prepared a Final Regulatory 
Flexibility Analysis (FRFA) concerning the possible impact of the rule 
changes contained in this Report and Order on small businesses. The 
FRFA is set forth in the back of this document.
    Paperwork Reduction Act. This document does not contain new or 
modified information collection requirements subject to the Paperwork 
Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore, 
it does not contain any new or modified information collection burden 
``for small business concerns with fewer than 25 employees,'' pursuant 
to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, 
see 44 U.S.C. 3506(c)(4).
    Congressional Review Act. The Commission has determined, and the 
Administrator of the Office of Information and Regulatory Affairs, 
Office of Management and Budget, concurs, that this rule is non-major 
under the Congressional Review Act, 5 U.S.C. 804(2). The Commission 
will send a copy of this Report & Order to Congress and the Government 
Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).
    People With Disabilities. To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice).

Synopsis

I. Background

    1. The 23.6-24.0 GHz band is allocated to several passive 
scientific and research services, including the Earth Exploration 
Satellite Service (EESS) (passive), on a primary basis. EESS utilizes 
passive sensors located on satellites to measure the power level of 
naturally occurring radio emissions from water vapor and cloud liquid 
water molecules in the atmosphere, which are critical measurements for 
climatology and weather forecasting. Because naturally occurring radio 
emissions in the 23.6-24.0 GHz band are very weak, the passive sensors 
that measure them are sensitive and vulnerable to interference.
    2. Observations made by EESS sensors operating in the 23.6-24.0 GHz 
band are essential for meteorological applications. The National 
Oceanic and Atmospheric Administration (NOAA) uses EESS to take 
measurements considered vital to the accuracy and timeliness of weather 
forecasting, including hurricane and tornado warnings, and the National 
Aeronautics and Space Administration (NASA) also operates passive EESS 
systems in the band to conduct climatological science. Additionally, 
EESS passive sensors aid EESS active instruments that use radar on 
satellites to measure ocean topography, sea ice, and precipitation by 
measuring total atmospheric water vapor and correcting the 
``refraction-induced path delay in the radar signal.'' The 23.6-24.0 
GHz band has been used for passive sensor observations for a 
considerable length of time and has generated valuable long-term 
climate data records.
    3. The Commission first authorized service in the 24.25-24.45 GHz 
and 25.05-25.25 GHz bands in 1997, when it transitioned the Digital 
Electronic Messaging Service (DEMS) to these bands from the 18 GHz 
band. In 2000, the Commission adopted competitive bidding and service 
rules for 24.25-24.45 GHz and 25.05-25.25 GHz bands and created a 24 
GHz Service. This 24 GHz Service had a total of 176 Economic Areas 
(EAs) or EA-like service areas. In 2004, the Commission held Auction 
56, in which it made 880 24 GHz Service licenses available. Only seven 
of the 880 24 GHz Service licenses were sold. As of 2017, there were 33 
active DEMS licenses in these bands. While the former DEMS licenses 
were converted to Upper Microwave Flexible Use Services (UMFUS) 
licenses, they were subsequently cancelled.
    4. In 2016, the Commission adopted licensing and technical rules 
for UMFUS services in the 27.5-28.35 GHz band, the 37.6-38.6 GHz band, 
and the 38.6-40 GHz band. Expanding on the 2016 efforts to open high-
frequency spectrum, in 2017, the Commission authorized the 24 GHz band 
for UMFUS, and generally applied the same licensing and technical rules 
to UMFUS in the 24 GHz band that it applied to UMFUS in other upper 
microwave bands. The UMFUS rules allow licensees flexibility to the 
services they will deploy and the architecture of their networks. Under 
these rules, licensees are able to deploy mobile services, but they 
also may deploy fixed point-to-point and point-to-multipoint systems. 
Among other things, the UMFUS rules specify that emissions outside of a 
licensee's assigned frequency block must be limited to -13 dBm/MHz.\1\ 
In its decision authorizing UMFUS in the 24 GHz band, the Commission 
noted ongoing ITU studies to establish

[[Page 100857]]

emissions limits applicable to International Mobile Telecommunications 
(IMT) to protect passive sensors in the 23.6-24.0 GHz band, and it 
acknowledged that the UMFUS rules might be revisited once the ITU 
studies had been completed.\2\
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    \1\ See 47 CFR 30.203(a). In the bands immediately outside and 
adjacent to the licensee's frequency block, having a bandwidth equal 
to 10 percent of the channel bandwidth, the conductive power or the 
total radiated power of any emission shall be -5 dBm/MHz or lower. 
Id. As the 23.6-24 GHz passive band is 250 megahertz away from the 
UMFUS bands, the -5 dBm/MHz does not apply within that passive band 
for UMFUS licensees.
    \2\ IMT is the generic term used by the ITU to designate 
broadband mobile systems and encompasses IMT-2000, IMT-Advanced, and 
IMT-2020. See ITU, Radiocommunication Sector ITU-R FAQ on 
International Telecommunications (Feb. 23, 2022), https://www.itu.int/en/ITU-R/Documents/ITU-R-FAQ-IMT.pdf. As described 
below, the Commission rules do not define IMT.
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    5. WRC-19 allocated 24.25-25.25 GHz to mobile (except aeronautical) 
on a primary basis in Regions 1 and 2, globally identified the 24.25-
27.5 GHz band for IMT, and established unwanted emissions limits 
applicable to IMT in the 24.25-27.5 GHz band to protect passive systems 
in the 23.6-24.0 GHz band. To implement these limits, WRC-19 modified a 
footnote to the International Table of Allocations to add Resolution 
750 (Rev. WRC-19). Resolution 750 specifies unwanted emissions limits 
in terms of Total Radiated Power (TRP) as the amount of power that may 
be radiated into any 200 megahertz block of the 23.6-24.0 GHz passive 
band by IMT base stations and IMT mobile stations operating in the 
24.25-27.5 GHz band. Resolution 750 sets emissions limits for current 
IMT devices as well as more stringent emissions limits for IMT devices 
that will be brought into use in the 24.25-27.5 GHz band after 
September 1, 2027. These two sets of unwanted emissions limits are 
shown in Table 1.

 Table 1--WRC-19 Resolution 750 Unwanted Emissions Permitted Within Any
              200 Megahertz in the 23.6-24 GHz Passive Band
------------------------------------------------------------------------
                                                      TRP limits after
       Type of station         Current TRP limits       Sept. 1, 2027
------------------------------------------------------------------------
IMT Base Stations...........  -33 dBW.............  -39 dBW.
IMT Mobile Stations.........  -29 dBW.............  -35 dBW.
------------------------------------------------------------------------

    6. On April 26, 2021, the Office of Engineering and Technology 
(OET) and the Wireless Telecommunications Bureau (WTB) issued a Public 
Notice (86 FR 28522) to develop a record on whether and how the 
Commission could implement the emissions limits contained in Resolution 
750 for the active services in the 24 GHz band. The Public Notice 
sought comment on amending part 30 of the Commission's rules to conform 
to the unwanted emissions limits into the passive 23.6-24.0 GHz band 
that were adopted at WRC-19 and/or adding footnotes to the United 
States Table of Frequency Allocations at part 2 of the Commission's 
rules. Twelve parties made filings in response to the Public Notice.
    7. On December 22, 2023, the Commission released a Notice of 
Proposed Rulemaking (Notice) (89 FR 5440) proposing to implement 
certain decisions regarding the 24.25-27.5 GHz band made at WRC-19. The 
Notice proposed to align part 30 of the Commission's rules for mobile 
operations in the 24 GHz band with the Resolution 750 limits on 
unwanted emissions into the passive 23.6-24.0 GHz band. In addition, 
the Notice also sought comment on several different issues, including: 
(1) applying Resolution 750 limits to mobile operations; (2) applying 
emissions limits more stringent than Resolution 750; (3) applying 
Resolution 750 limits to fixed operations; (4) exempting indoor small-
cell operations from Resolution 750 limits; (5) allowing conductive 
power measurements; and (6) the schedule for transition to the new 
Resolution 750 limits applicable after September 1, 2027.\3\
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    \3\ See generally Notice. The Notice (at para. 29) also sought 
comment on a proposal to use a Real-time Geospatial Spectrum Sharing 
(RGSS) system as an alternative means of protecting EESS. The 
Wireless Interdisciplinary Research Group (WIRG) touts its work 
developing a proof of concept RGSS system and asks that the 
Commission establish rules allowing use of RGSS. While the 
Commission believes adopting a rule authorizing the use of RGSS is 
premature at this time, the Commission encourage further research 
and study of such systems and are open to consideration of such a 
system as it becomes more developed.
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    8. Comments on the Notice were due February 28, 2024, and reply 
comments were due March 14, 2024. The Commission received ten comments 
and four reply comments.

II. Discussion

A. Revision of Commission Rules To Adopt Resolution 750 Unwanted 
Emissions Limits

    9. Consistent with the proposal in the Notice, the Commission 
adopts the Resolution 750 unwanted out-of-band emissions (OOBE) limits 
and apply these limits to all mobile operations in the 24 GHz band. In 
response to the Notice, all commenters, including the weather 
community, scientific community, mobile operators, equipment 
manufacturers, Federal agencies, and other commenters, agree the 
Commission should align its rules for mobile operations in the 24 GHz 
band with Resolution 750. The Commission finds that the Resolution 750 
OOBE limits will appropriately protect sensitive passive sensing 
operations in the 23.6-24.0 GHz band, while at the same time allowing 
next generation wireless service to continue to develop in the United 
States. In addition, adopting the Resolution 750 limits would promote 
international harmonization and result in certain public interest 
benefits associated with such harmonization, including facilitating the 
provision of advanced wireless services in the U.S., providing 
regulatory certainty to all interested stakeholders, and promoting 
spectrum use by both wireless providers and the weather and satellite 
communities.
    10. Consistent with the Notice, the Commission also applies 
Resolution 750 limits to all mobile operations (as defined in parts 2 
and 20 of the Commission's rules) \4\ in the 24 GHz band. As adopted by 
WRC-19, the Resolution 750 limits apply only to IMT base and mobile 
stations. Commenters who addressed the issue support applying the 
Resolution 750 unwanted OOBE limits to all mobile operations, rather 
than just IMT operations. Moreover, the Commission's rules do not 
define IMT as a separate category of mobile, nor do they require that 
equipment comply with a particular standard in the 24 GHz band.

[[Page 100858]]

Furthermore, no commenter offered a technical basis for distinguishing 
between IMT and other mobile operations for purposes of domestic 
spectrum use. Finally, attempting to treat non-IMT mobile operations 
differently from IMT mobile operations could cause confusion and 
difficulties with enforcing the limits, as suggested in the Notice.
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    \4\ See 47 CFR 2.1 (``Mobile Service. A radiocommunication 
service between mobile and land stations, or between mobile 
stations.''); see also 47 CFR 20.3 (``Mobile Service. A radio 
communication service carried on between mobile stations or 
receivers and land stations, and by mobile stations communicating 
among themselves, and includes: (a) Both one-way and two-way radio 
communications services; (b) A mobile service which provides a 
regularly interacting group of base, mobile, portable, and 
associated control and relay stations (whether licensed on an 
individual, cooperative, or multiple basis) for private one-way or 
two-way land mobile radio communications by eligible users over 
designated areas of operation; and (c) Any service for which a 
license is required in a personal communications service under part 
24 of this chapter.'')
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    11. As of the effective date of the rules adopted herein, mobile 
operations in the 24 GHz band will be required to comply with the 
current limits adopted at WRC-19 (which the Commission refers to as 
Phase 1 limits). The Commission finds that the application of the 
Resolution 750 OOBE limits to mobile operations strikes the appropriate 
balance between protecting adjacent passive sensing operations and 
facilitating use of the 24 GHz band.
    12. Rule Amendments. In the Notice, the Commission proposed to make 
any changes to the limits on emissions into the 23.6-24.0 GHz band by 
amending the part 30 rules and adding a footnote to the U.S. Table of 
Allocations. It noted that, since the part 30 rules already contained a 
rule governing emissions limits, it appeared to be appropriate to 
incorporate any changes made in this proceeding into that rule. 
Commenters broadly agree that these changes are appropriate ways of 
aligning the Commission's rules with WRC-19 Resolution 750. These 
limits will be incorporated into the Commission's part 30 technical 
rules as well as codified in a new U.S. footnote to the Table of 
Frequency Allocations (Allocation Table) in accordance with the 
proposal. Further, part 2 of the Commission's rules is amended to allow 
the Table of Frequency Allocations to show that the Resolution 750 
unwanted OOBE limits will apply to all mobile systems.
    13. The Commission declines to make other changes to the part 30 
rules and the Table of Frequency Allocations footnote, as it does not 
believe they are necessary. For example, NASA suggests including the 
start dates of the Phase 1 and Phase 2 OOBE limits in the Table of 
Allocations. The Phase 2 effective date will be incorporated into the 
part 30 rule and the Allocation Table footnote. Since the Phase 1 
limits will be effective immediately upon the effective date of the 
rules, the Commission believes there is no need to include the Phase 1 
effective date. NASA also recommends that the language of the amendment 
to the part 30 rules be trimmed down to a cross reference to the Table 
of Allocations. The Commission will retain the substantive emissions 
limits in section 30.203 of its rules, as it is the better practice to 
include the specified limits in these technical rules.

B. Adopting Limits More Stringent Than Resolution 750

    14. In the Notice, the Commission sought comment on whether it was 
necessary to adopt even stricter OOBE limits to protect EESS systems 
than those set forth in Resolution 750 by WRC-19. The Commission 
declines to adopt limits beyond the Resolution 750 limits because the 
record does not show that such limits are technically necessary. While 
the proponents of stricter limits express concern that the Resolution 
750 limits will be insufficient to protect EESS, their concerns are 
speculative.\5\ Furthermore, no party has submitted specific technical 
data justifying stricter limits or evaluating the costs and benefits of 
applying them as directed in the Notice.
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    \5\ While WIRG supports adoption of the Resolution 750 limits as 
a ``minimum acceptable requirement,'' it suggests that further 
research would be appropriate, after which the Commission should 
consider adopting stricter limits.
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    15. The Commission also notes that NTIA did not advocate for 
implementation of stricter limits, and NTIA, NOAA, and NASA all agree 
to the adoption of the Resolution 750 limits. While NOAA maintains that 
stricter limits would better protect Earth Exploration-Satellite 
Service (EESS) passive sensors, that measurements gathered by sensitive 
radiometers in the 23.6-24.0 and 31.3-31.5 GHz bands could be 
compromised by unwanted by-products from a 5G signal, and that the 
Resolution 750 limits may not adequately protect passive sensors below 
24 GHz, it nevertheless acknowledges that the WRC-19 limits are a 
compromise and are what most countries are considering.
    16. Moreover, while much of the weather and scientific communities 
would prefer to adopt more stringent unwanted OOBE limits, they too 
support the adoption of the Resolution 750 limits, at least as a 
preliminary step. The Commission notes that Federal agencies and non-
federal licensees have deployed nearly 40,000 point-to-point microwave 
links in the 21.2-23.6 GHz band--immediately below the 23.6-24.0 GHz 
band--that operate with a less restrictive -13 dBm/MHz or -20 dBW/200 
MHz OOBE limit, and yet there is no indication, and no party has 
submitted a technical showing, that these point-to-point links have 
caused harmful interference to passive sensors. In contrast to these 
directly adjacent point-to-point microwave links, there will be at 
least 225 megahertz separation between UMFUS operations and the 23.6-24 
GHz passive band. Given that channels in this band are 100 megahertz 
wide, this amount of separation is significant.
    17. The Commission finds that adopting stricter emissions limits 
could significantly limit the ability to use the band for next 
generation wireless services and other advanced mobile services. 
Because millimeter wave spectrum has limited propagation, licensees 
must deploy higher power to ensure sufficient network coverage. 
Imposing overly restrictive emissions limits could create higher 
insertion losses due to filtering requirements, and limit the power 
carriers can use, adversely affecting services available to consumers. 
Furthermore, adopting emissions limits unique to the United States 
would be inconsistent with international harmonization.
    18. The Commission is not persuaded that the technical information 
provided by the National Academy of Sciences, through its Committee on 
Radio Frequencies (CORF) and the IEEE Geoscience and Remote Sensing 
Society (IEEE GRSS) justifies adopting stricter OOBE limits. CORF 
advocates for stricter emissions limits, such as those adopted by the 
European Commission (-42 dBW/200 MHz) or those of the World 
Meteorological Organization (-55 dBW/dBW/200 MHz). CORF contends that 
the Resolution 750 Phase 2 limits of -35 dBW/200 MHz for mobile devices 
equates to 0.4 mW per device, only a factor of 10 below the ITU-R 
Recommendation RS.2017 threshold for protection of passive sensors in 
the 23.6-24 GHz band.\6\ CORF argues that, even assuming somewhat 
directional beams from 5G mobile devices, it is clear that deployment 
of thousands of such devices in urban areas will exceed the

[[Page 100859]]

ITU threshold,\7\ but CORF does not clearly explain how it extrapolates 
the 0.4 mW per device figure from the Phase 2 standard. IEEE GRSS 
supports the stricter limits proposed by CORF, because it maintains 
that the Resolution 750 limits would allow the presence of signals 
above the interference threshold in the 23.6-24.0 GHz passive band when 
more 5G base stations are placed within the sensor's coverage area. The 
Commission finds that both CORF's and IEEE GRSS's analyses are based on 
the assumptions that there will be large but unknown numbers of mobile 
devices that are not related to specific deployments or use cases. In 
addition, IEEE GRSS and NOAA cite the European Union's decision to 
implement the more stringent limit of -39 dBW/200 MHz as of January 1, 
2024, as an argument for applying the more stringent limit on an 
accelerated timeframe in the U.S. The Commission notes, however, that 
the United States is not similarly situated to the European Union. 
Terrestrial operations in Europe are above 25 GHz and farther away from 
the passive services in the 23.6-24.0 GHz band than U.S. operations. 
Given the greater frequency separation distance, it is easier for 
European providers to permit their mobile operators to use higher power 
and yet meet stricter emissions limits without impairment to the EESS 
passive service. While the Commission understands the desire of the 
weather and scientific communities for the greatest protection 
possible, the record before it does not support adopting limits 
stricter than the limits agreed to at WRC-19. Accordingly, the 
Commission declines to adopt more stringent OOBE limits for the U.S. 
than those adopted in Resolution 750.\8\
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    \6\ CORF states that the ``AMSR2 instrument on the GCOM-W1 
spacecraft (the successor to NASA's AMSR-E instrument launched on 
the Aqua mission in 2002) measures natural black-body emission 
signals over a 400 MHz-wide region of the spectrum at 24 GHz with 14 
x 14 km pixels. Thermal emission from one such pixel over dry land 
at 300 K (80 [deg]F) in this band totals to only ~26 W across this 
~200 km\2\ pixel. This 26 W is emitted in all directions, and the 
AMSR2 instrument receives only a fraction of a trillionth of that 
power. The ITU-R Recommendation RS.2017 interference threshold 
equates to requiring that there should be no perturbations (e.g., 
from RFI) greater than 4 mW total emission across this entire pixel. 
This requirement enables EESS (passive) measurements to be made with 
an accuracy of 0.05 K brightness temperature (~0.09 [deg]F), which 
is considered sufficient to provide accurate weather forecasts and 
reliable quantification of potential signatures of climate change 
(which are of order of one or two degrees per century). The Res. 750 
limits of -35 dBW in 200 MHz for mobile devices equates to 0.4 mW 
per device, only a factor of 10 below the ITU-R Recommendation 
RS.2017 threshold.''
    \7\ CORF also notes that the ITU Radiocommunication Sector 
(``ITU-R'') Recommendation RS.2017, establishes a limit of -166 dBW 
in 200 MHz for the 23.6-24.0 GHz band, to be met over 99.99 percent 
of a 10,000,000 km\2\ area. Id. at 6-7. It argues the limits 
specified in ITU-R Resolution 750 (Rev. WRC-19), when applied to 
likely IMT implementations, and taking into consideration typical 
characteristics of orbiting EESS sensors (described in ITU-R 
Recommendation RS.1861), fail to meet this RS.2017 criterion 
particularly when considering the aggregate interference from the 
vast multiplicity of transmitters that are inherent to the nature of 
IMT deployments; CORF assumes deployment of thousands of IMT devices 
in urban areas is likely an underestimate.
    \8\ The Commission does not rely on arguments that adopting 
stricter limits would be a material change from information made 
available to bidders in the 24 GHz auction and that licensees 
reasonably made investments based on the Resolution 750 limits.
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C. Applying Resolution 750 Limits to Other Services

    19. Fixed operations. The Notice sought comment on applying the 
Resolution 750 emissions limits to fixed operations, including point-
to-point and point-to-multipoint operations.\9\ The Commission declines 
to do so. As adopted by the ITU, Resolution 750 does not apply to fixed 
operations; WRC-19 only studied IMT operations under a mobile service 
allocation. Fixed operation transmissions are significantly more 
directional than mobile operations--point-to-point operations have 
tightly focused and stationary beams, and point-to-multipoint base 
stations direct signals towards user stations. As noted above, there 
are existing fixed point-to-point operations under part 101 in the 
spectrum immediately below the passive band that are not subject to 
stricter emissions limits, and yet there is no indication that these 
point-to-point links have caused harmful interference to passive 
sensors.\10\ This is in contrast to the at least 225 megahertz of 
frequency separation between the UMFUS operations starting at 24.25 GHz 
and the 23.6-24.0 GHz passive band, which should further help alleviate 
interference concerns. As fixed deployments increase in the band, the 
Commission will monitor for potential issues, and, if necessary, 
consider whether to revisit the limits for fixed operations.
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    \9\ Point-to-multipoint operations include transportable user 
equipment, where the user equipment is not intended to be used while 
in motion, but the equipment could be moved when not in operation. 
See 47 CFR 30.2. The Commission agrees with GuRu Wireless, Inc. that 
expansion of WRC-19 emissions limits to the Industrial, Scientific, 
and Medical (ISM) band is outside the scope of this proceeding.
    \10\ CORF asserts it cannot verify whether or not these point-
to-point links have caused harmful interference to passive sensors 
at 23.6-24.0 GHz. Ericsson states that there are no known reports of 
interference from UMFUS services to EESS in the adjacent band. IEEE 
GRSS states ``we do not have any information on whether interference 
has been detected by operational sensors''.
---------------------------------------------------------------------------

    20. The Commission's Notice also directed proponents of applying 
the stricter limits to fixed operations to provide ``specific technical 
data as well as the costs and benefits of applying stricter limits or 
of keeping the existing limits.'' Neither proponents nor opponents of 
applying the Resolution 750 limits to fixed operations presented such 
technical or cost/benefit data. Indeed, IEEE GRSS, which supports 
applying the Resolution 750 limits to fixed, suggests that further 
studies are necessary. CORF argues that ``[i]t is counterproductive to 
protect passive uses from OOBE from mobile service equipment, but not 
from equipment used for UMFUS fixed services,'' and it ``recommends 
that a rigorous OOBE standard apply to all UMFUS equipment operating at 
24 GHz: UMFUS fixed point-to-point and point-to-multipoint equipment, 
as well as mobile equipment.'' Given the differences between fixed and 
mobile operations, however, and the lack of any technical support, the 
conclusory arguments by CORF and others are insufficient to justify 
extending Resolution 750's mobile limits to fixed operations.
    21. CTIA suggests that the Commission clarify that transportable 
stations (which it said are fixed stations) would not be subject to the 
more stringent emissions limits. For purposes of these rules, the 
Commission will use the definition of a mobile station contained in 
part 2 of its rules, ``[a] station in the mobile service intended to be 
used while in motion or during halts at unspecified points.'' In 
contrast, a transportable station, which the Commission's rules define 
as ``[t]ransmitting equipment that is not intended to be used while in 
motion, but rather at stationary locations,'' operates under the fixed 
service allocation and would not be subject to the Resolution 750 
limits. While transportable equipment is used in a limited number of 
stationary locations (such as a fixed modem at a home or office), 
mobile equipment could be used anywhere (for example, stopped at a red 
light).
    22. NTIA asks that, as an alternative to applying the Resolution 
750 limits to fixed operations, the Commission mandate downtilt in 
fixed operations to avoid transmissions towards EESS satellites. 
Because there may be situations where downtilt is not feasible (for 
example, a point-to-point link between two sites that differ in 
elevation), rather than mandating downtilt, the Commission instead 
strongly encourages licensees to avoid uptilt where practical.
    23. Indoor small-cell systems. The Notice also sought comment on 
Ericsson's and AT&T's proposal that indoor small-cell systems be exempt 
from the Resolution 750 limits. In response to the Public Notice, 
Ericsson stated that there is a growing interest in indoor small cell 
deployments, the 24 GHz band may provide an opportunity to enhance 
indoor coverage, and the technical rules for such use cases should not 
deviate from what is currently allowed under part 30. Ericsson further 
noted that ``several mitigating factors, including wall and building 
entry losses and the potential

[[Page 100860]]

for clutter losses from nearby buildings, mitigate the need for more 
stringent limits.'' Arguing that indoor small cells are not governed by 
the WRC-19 agreement limits, CTIA contends that, because ``indoor small 
cells are installed inside of buildings, the mobile signal level is 
already reduced by hundreds to thousands of times . . . [and] as a 
result, the commercial mobile signals will be negligible at the 
satellite receiver, making tighter emissions levels for indoor small 
cells unnecessary.'' T-Mobile agrees that exempting indoor small-cell 
systems would not harm passive sensors in the 23.6-24.0 GHz band 
because ``indoor small-cell systems operate inside buildings at a lower 
power, making them subject to building attenuation.'' It maintains 
that, ``[d]ue to the propagation characteristics of signals from indoor 
small-cell systems, it is unlikely that those signals would propagate 
outdoors and even be recognized by, let alone cause harmful 
interference to, passive sensors.''
    24. Other commenters oppose an exemption from the Resolution 750 
limits for indoor small-cell systems. IEEE GRSS notes that 
``[m]icrowave signals are not necessarily attenuated by all building 
materials at these frequencies, and there is no assurance that 
equipment built for indoor use may not be improperly installed in an 
outdoor setting.'' CORF recommends against such an exemption, 
``particularly for low-cost devices that may be deployed in large 
numbers,'' and it agrees that, while these devices typically operate at 
lower power, building entry loss serves to reduce emissions to a 
``lower but not necessarily acceptable level.'' Similarly, NASA argues 
that, while indoor operations may provide additional signal blockage of 
those signals to NASA's passive sensors, this issue was not studied 
during WRC-19 to determine the potential impact from indoor small-cell 
operations on NASA missions. NASA further notes that `indoor-only' use 
limitations are difficult to enforce, and expressed concern that even a 
very small amount of hardware operating outside may pose impacts to 
NASA mission success.
    25. The Commission concludes that the current record is 
insufficient to support exempting indoor base stations from the 
Resolution 750 limits, and decline to do so at this time. The current 
maximum power for UMFUS base stations is +75 dBm/100 MHz Although some 
indoor operations may operate at lower power levels, and while there 
may be some power level at which indoor operations could be safely 
exempted, the Commission lacks a sufficient record on which to craft 
such an exemption. Although the Notice asked parties advocating for 
indoor exemption from Resolution 750 to provide technical 
justification, no studies addressing the factors the Commission would 
need to evaluate with respect to such an exemption were presented. 
These factors would include, for example: (1) propagation/penetration 
losses at 24 GHz, (2) the effect of building materials on such 
propagation/penetration losses, especially materials used in ceilings 
and roofs, since the receivers being protected are in the sky, and (3) 
the sensitive nature of the observations being made in the passive 
band. Given the insufficiency of the record, the Commission declines to 
exempt indoor small-cell equipment from the Resolution 750 limits at 
this time.

D. Measurement of Unwanted Emissions

    26. In the 24 GHz Notice, the Commission proposed to allow 
compliance with the unwanted emissions limits for the 23.6-24.0 GHz 
band to be demonstrated using TRP measurements, given that Resolution 
750 specifies the limits in terms of TRP. Total radiated power is a 
measure of how much power is radiated by an antenna when the antenna is 
connected to an actual radio (or transmitter). TRP is an active 
measurement in that a powered transmitter is used to transmit through 
the antenna. The total received power is calculated and summed up over 
all possible angles (hence, it is a spherical or three dimensional 
measurement).\11\ The Notice also sought comment on whether to permit 
use of conductive power measurements as well. Maximum conducted output 
power measurements do not take into account the efficiency of the 
antenna.\12\
---------------------------------------------------------------------------

    \11\ See https://www.antenna-theory.com/definitions/trp.php. TRP 
can also be defined as the integral of the power transmitted from 
all antenna elements in different directions over the entire 
radiation sphere. See ITU Radio Regulations (2020), Resolution 750 
(Rev.WRC-19), Note 5, Vol. 3 at 522.
    \12\ TRP of a transmitter is closely related to its conductive 
power. In fact, TRP is product of antenna radiation efficiency, er, 
and conductive power P (TRP = erP) and depending on antenna 
efficiency, TRP can be virtually the same as the conductive power P. 
See W.L. Stutzman and Gary A. Thiele, Antenna Theory and Design, 
2013, equations 13-40 and 2-155.
---------------------------------------------------------------------------

    27. The Commission will allow the use of both TRP and maximum 
conductive output power measurements to ensure compliance with the 
limits on emissions into the 23.6-24 GHz band, consistent with the part 
30 rules applicable in other UMFUS bands.\13\ As CTIA and Nokia 
observe, OET has issued a knowledge database (``KDB'') document that 
permits both TRP and maximum conducted output power measurement 
procedures to demonstrate regulatory compliance for UMFUS devices.\14\ 
In the Commission's experience, maximum conducted output power 
measurements have worked well in these bands, and allowing use of 
either TRP or maximum conducted output power measurements would provide 
equipment manufacturers with maximum flexibility as they develop 
equipment for the 24 GHz band. The Commission sees no reason to treat 
the 24 GHz band differently from other UMFUS bands.
---------------------------------------------------------------------------

    \13\ 47 CFR 30.203(a). The Commission will also add the existing 
definition of ``maximum conducted output power'' contained in its 
part 15 rules into its part 30 rules. See 47 CFR 30.2.
    \14\ See Nokia Reply Comments (citing Basic Certification 
Requirements and Measurement Procedures for Upper Microwave Flexible 
Use Services (UMFUS) Devices, FCC Office of Engineering and 
Technology Laboratory Division, Knowledge Database (KDB) 
publication, KDB 842590 D01 (Apr. 20, 2021) https://apps.fcc.gov/kdb/GetAttachment.html?id=yV3FexQrXZMe%2F42JGriFdg.
---------------------------------------------------------------------------

    28. The Commission finds the arguments that certain commenters have 
raised against allowing conductive power measurements to be 
unpersuasive. The Commission acknowledges, as IEEE GRSS, NTIA, NOAA, 
and NASA point out, that the WRC-19 studies relied on TRP to develop 
the Resolution 750 standards. By itself, however, that fact does not 
mean that maximum conducted output power measurements cannot be used to 
demonstrate compliance. NASA argues that conductive power methodology 
does not provide an accurate characterization of the aggregate effects 
of systems' components on the measurement results, and it asserts that 
TRP and conductive power measurements methodologies may produce 
different quantitative limits for unwanted emissions. The Commission 
notes that conductive power measurements are more conservative than 
TRP. In other words, if a conductive power measurement shows 
compliance, the corresponding TRP measurement will demonstrate 
compliance as well (although the converse will not necessarily be 
true). Accordingly, allowing conductive power measurements does not 
present a substantial risk that noncompliant equipment will be placed 
into the marketplace.
    29. In addition, parties against allowing conductive power 
measurements argue that the TRP methodology is clearly understood, and 
NOAA points to Ericsson's prior statement that it does not anticipate

[[Page 100861]]

difficulties performing TRP measurements. While there is broad support 
for allowing TRP measurements, such measurements require use of an 
anechoic chamber, which imposes additional costs, and may not be 
available to all stakeholders. The Commission disagrees with NASA's 
claim that using measurement techniques other than TRP would require 
significant further technical analysis. The Commission has allowed 
licensees and equipment manufacturers to perform conductive power 
measurements in other UMFUS bands for many years, pursuant to the KDB 
guidance discussed above, and using conductive power to measure 
compliance with the Resolution 750 limits does not present any unique 
new issues. While AGU, AMS and NWA argue that the calculations required 
for OOBE measurements are not straightforward and allowing the use of 
multiple measurement methods by the industry ``would only contribute to 
the difficulty,'' they do not precisely explain what they perceive the 
difficulty to be. Finally, CORF argues that many 24 GHz devices will 
not have clean access to an antenna port, and even devices with access 
to the radiating element's port may radiate unintentionally from other 
parts of the equipment being tested. In those cases where there is no 
clear access to an antenna port, the Commission anticipates that TRP 
will be used. So long as equipment manufacturers follow the guidance 
the Commission has issued, the Commission sees no reason why conductive 
power measurements cannot work here, as they do in other UMFUS bands. 
Accordingly, the Commission will allow compliance with the emissions 
limits for equipment certification in the 24 GHz band to be 
demonstrated by measurements showing that either TRP or maximum 
conducted output power is within the limits set in Resolution 750.

E. Timetable for Application of WRC-19 Limits

    30. Phase 1 to Phase 2 Transition Timetable. Having decided to 
transition to the WRC-19 Resolution 750 OOBE limit regime for the 24 
GHz band, the Commission must still determine when that transition will 
take place--i.e., the appropriate timetable for moving to stricter 
limits, as well as how it will occur--and the practical steps necessary 
for transitioning equipment to the stricter limits. The Notice proposed 
to apply the new Resolution 750 unwanted emissions limits on the 
timetable adopted at WRC-19. This timing is set forth in two footnotes 
to Resolution 750, that state:
    \a\ A limit of -39 dB(W/200 MHz) will apply to IMT base stations 
brought into use after 1 September 2027. This limit will not apply to 
IMT base stations which have been brought into use prior to this date. 
For those IMT base stations, the limit of -33 dB(W/200 MHz) will 
continue to apply after this date.
    and
    \b\ A limit of -35 dB(W/200 MHz) will apply to IMT mobile stations 
brought into use after 1 September 2027. This limit will not apply to 
IMT mobile stations which have been brought into use prior to this 
date. For those IMT mobile stations, the limit of -29 dB(W/200 MHz) 
will continue to apply after this date.
    31. The Commission adopts the WRC-19 timetable as proposed in the 
Notice. The first phase limits (-33 dBW/200 MHz for base stations, -29 
dBW/200 MHz for mobile stations) will apply as of the effective date of 
the rules,\15\ and the second phase limits (-39 dBW/200 MHz for base 
stations, -35 dBW/200 MHz for mobile stations) will apply to all 
deployments brought into use (i.e., constructed and operating) after 
September 1, 2027. This schedule strikes an appropriate balance between 
protecting weather and scientific observations and promoting deployment 
in the 24 GHz band. Various commenters support adopting the WRC-19 
schedule. Moreover, the Commission wishes to incentivize the work of 
manufacturers like Ericsson, which asserts it has already produced 
equipment meeting the Phase 1 limit.
---------------------------------------------------------------------------

    \15\ The rules the Commission adopts in this item will be 
effective 30 days after Federal Register publication of the item.
---------------------------------------------------------------------------

    32. The Commission declines to accelerate the effective date of the 
Phase 2 standards, as requested by NOAA, IEEE GRSS, and AGU/AMS/NWA. 
There is considerable uncertainty as to when equipment meeting Phase 2 
standards will be available. Implementing Phase 2 standards prematurely 
could make it impractical for licensees to deploy in the band. Finally, 
while WRC-19 contemplated that there could be a longer period (up to 
eight years) where Phase 1 equipment could be deployed, in fact 
deployments will be required to comply with Phase 2 in fewer than three 
years. Accordingly, it appears that the number of deployments using 
Phase 1 equipment may be lower than originally contemplated at WRC-19.
    33. The Commission also rejects T-Mobile's suggestion that the more 
stringent Phase 2 limits should only apply to equipment ``authorized 
for use'' after September 1, 2027, but that equipment could be 
``brought into use'' after that date even if it was certified prior to 
that date and only complied with the Phase 1 limits. T-Mobile argues 
that purchased and certified equipment that only meets the Phase 1 
limit but is unused due to certain delays beyond the control of the 
provider should be allowed be installed even after September 1, 2027; 
in other words, that providers should be permitted to use any equipment 
that was manufactured and sold before September 1, 2027, indefinitely 
under the Phase 1 limits so long as that equipment has been approved 
for use by the Commission prior to that date. The Commission disagrees 
with this position because the Commission believes this could act as an 
incentive for entities to stock up on equipment that met the Phase 1 
limit in order to deploy this equipment at their leisure during Phase 
2, effectively allowing an `end-run' around the very concept of 
implementing the Phase 2 limit after September 1, 2027. T-Mobile's 
interpretation is plainly inconsistent with what was contemplated at 
WRC-19. From the perspective of the ITU, equipment that is certified 
but also ``brought into use'' prior to September 1, 2027, will be 
`grandfathered'--i.e., allowed to continue to operate at the prior 
emissions limits even after implementation of the stricter emissions 
limits regime. But there is indeed a defined limit based on when 
equipment is `brought into use.' As the Commission stated in the 
Notice,

    Because the unwanted emission limits for base stations and 
mobile stations will change after September 1, 2027 under our 
proposal, equipment certifications based on compliance with the 
first phase limits would expire on that date. Any equipment 
remaining in the supply chain--i.e. in warehouses or in transit--
would then be illegal to sell or install under our rules.

    34. The Commission reiterates that, under the rules the Commission 
adopts, any equipment ``brought into use'' after September 1, 2027 must 
be ``authorized for use''--i.e., certified for use--according to the 
Phase 2 limits of Resolution 750. The Commission also rejects IEEE 
GRSS's argument that the ITU intended that ``all base station equipment 
that does not comply with the -39 dBW/200 MHz limit should be modified 
or removed by September 1, 2028.'' If Phase 1 equipment was brought 
into use on August 31, 2027, it can continue to operate after September 
1, 2027 per the ITU's footnote clarifications, even though it may not 
meet the increased OOBE limits. The

[[Page 100862]]

Commission finds that it serves the public interest to use the ITU's 
footnote clarifications for a clear and effective application of the 
time table for the limits.
    35. Certification of Phase 1 Equipment. The Commission also sought 
comment in the Notice on how to transition equipment deployed under the 
Phase 1 limits and to incentivize early and timely development and 
deployment of Phase 2 equipment. The Notice pointed to the equipment 
authorization program for RF devices as one tool meant to ensure 
compliance with the technical rules. RF devices must comply with the 
Commission's technical and equipment authorization requirements before 
they can be imported into or marketed in the United States. Because 
under the Commission's proposal, the unwanted emissions limits for base 
stations and mobile stations will change on September 1, 2027, 
equipment certifications based on compliance with the first phase 
limits would no longer be granted on or after this date. Furthermore, 
as noted above, any equipment remaining in the supply chain--i.e. in 
warehouses or in transit--would then be illegal to sell or install 
under the rules. In the Notice, the Commission sought comment on 
whether it should prohibit the grant of new equipment certifications 
for, or the importation of, equipment not complying with the Phase 2 
unwanted emissions limits at a date prior to September 1, 2027, as a 
means of both preventing equipment certified as complying only with 
Phase 1 limits from remaining in the supply chain--in warehouses or in 
transit--or being brought into use after September 1, 2027. As an 
example, the Commission stated that it could cease granting new 
equipment certifications or cease permitting importation of equipment 
only meeting the first phase limit after March 1, 2027, or six months 
prior to implementation of the second phase limits.
    36. The Commission declines to accelerate the deadline for 
equipment certification of Phase 1 equipment since the Commission does 
not believe that it would incentivize the early development and 
deployment of Phase 2 equipment, but instead may place additional 
burdens on large and small equipment manufacturers and carriers 
planning their own affairs. The benefits touted by proponents of 
setting an earlier certification deadline rely on arguments that the 
Commission does not find persuasive in light of the licensing and 
compliance paradigm it now clarifies. Under the interpretation of 
Resolution 750 limits for the 24 GHz band that the Commission adopts 
and incorporates into its rules, equipment meeting the Phase 1 limits 
can be brought into use up through September 1, 2027, and can remain in 
use thereafter. Accordingly, the Commission sees no need to stop 
certifying Phase 1 equipment before September 1, 2027. The Commission 
emphasizes that the September 1, 2027 deadline for bringing Phase 1 
equipment into use is firm, and equipment manufacturers and licensees 
must keep that firm deadline in mind when deciding to develop or to 
purchase Phase 1 equipment. Any decision to develop or to purchase 
equipment that does not meet Phase 2 emissions limits close to the 
September 1, 2027 deadline will be solely at the risk of the equipment 
manufacturer or licensee, and the Commission presumes that it will plan 
accordingly. This decision trusts equipment manufacturers and carriers 
to structure their own affairs, gives them a well-defined timeline to 
do so, and removes any disincentive for manufacturers to prematurely 
cease producing equipment that meets Phase 1.
    37. Requiring Phase 1 Equipment to Transition to Phase 2. The 
Commission also sought comment in the Notice on what should happen with 
Phase 1 equipment still operating after the Phase 2 deadline. NTIA, 
NOAA, and NASA advocate that equipment modified or replaced after 
September 1, 2027, must meet the more stringent Phase 2 OOBE levels. 
AGU/AMS/NWA, IEEE GRSS, and NOAA ask that base station and user 
equipment that does not comply with the -39 dBW/200 MHz limit be given 
a sunset date of September 1, 2028, by which it must be modified/
retrofitted to meet the more stringent limits or removed.
    38. The Commission declines to establish a hard date by which Phase 
1 equipment brought into use on or prior to September 1, 2027, must 
comply with the Phase 2 limits, subject to certain conditions, as 
explained further below. Establishing a hard sunset date would be 
inconsistent with the WRC-19 framework, which contemplates that Phase 1 
equipment brought into use prior to September 1, 2027, could be 
operated indefinitely. Furthermore, the proponents of a hard sunset 
date have not offered any technical justification for such a sunset 
date, nor have they cited any factor that was allegedly not considered 
at WRC-19.
    39. Rather, the Commission will adopt NTIA's proposal to require 
that equipment modified or replaced after September 1, 2027, must meet 
the more stringent Phase 2 emissions limits, clarified by CTIA and T-
Mobile's suggestion that, for purposes of this requirement, only base 
station modifications that affect emission characteristics would 
constitute a ``modification'' requiring compliance with the Phase 2 
limits. The Commission believes these decisions strike the appropriate 
balance between granting licensees flexibility and being consistent 
with the decisions made at WRC-19. On the one hand, allowing licensees 
to make ``modifications'' to equipment without restriction could result 
in equipment that is substantially different from what is initially 
deployed not being subject to the Phase 2 limits. On the other hand, 
there are many sorts of routine modifications that could be made to 
equipment that would have no impact on the equipment's compliance with 
the Resolution 750 limits. As CTIA notes, requiring that any 
modification trigger compliance with the Phase 2 limits would be overly 
broad and would effectively preclude licensees from making any changes 
to existing deployments without purchasing and installing entirely new 
equipment. The Commission sees no reason why those sorts of routine 
modifications should trigger a requirement to replace that equipment. 
Since the emission characteristics are critical here, the Commission 
concludes that only modifications that would change the emission 
characteristics of the equipment would constitute a ``modification'' 
that would trigger a requirement to comply with the Phase 2 emissions 
limits. The Commission also concludes that any equipment that is 
completely replaced after September 1, 2027 should be treated as if it 
is newly installed and therefore subject to the post-September 1, 2027 
emissions limits of the ITU Resolution 750.

III. Final Regulatory Flexibility Analysis

    40. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Modifying Emissions Limits for the 24.25-24.45 GHz 
and 24.75-25.25 GHz Band, Notice of Proposed Rulemaking (Notice) 
released in December 2023. The Commission sought written public comment 
on the proposals in the Notice, including comment on the IRFA. No 
comments were filed addressing the IRFA. This present Final Regulatory 
Flexibility Analysis (FRFA) conforms to the RFA.

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

    41. The Report and Order adopted by the Commission implements 
certain

[[Page 100863]]

decisions regarding the 24.25-27.5 GHz band made in the World 
Radiocommunication Conference held by the International 
Telecommunication Union (ITU) in 2019 (WRC-19). The Commission aligns 
part 30 of its rules for mobile operations with the Resolution 750 
limits on unwanted emissions into the passive 23.6-24.0 GHz band that 
were adopted at WRC-19, and specifically the Commission: (1) applies 
the Resolution 750 unwanted OOBE limits to all mobile operations; (2) 
declines to adopt limits more stringent than those imposed by 
Resolution 750; (3) declines to apply the Resolution 750 limits to 
fixed operations, including point-to-point and point-to-multipoint 
systems; (4) declines to exempt indoor small-cell equipment from the 
Resolution 750 limits; (5) allows the demonstration of compliance with 
the unwanted emissions limits for the 23.6-24.0 GHz band using both 
conducted power measurement methodology in addition to the Total 
Radiated Power (TRP) methodology; and (6) sets the timetable for 
application of Resolution 750 limits. These rule changes and decisions 
will promote international harmonization, help to facilitate the 
protection of passive sensors used for weather forecasting and 
scientific research in the 23.6 GHz-24.0 GHz band, while continuing to 
promote flexible commercial use of the 24.25-24.45 GHz and 24.75-25.25 
GHz bands (collectively, 24 GHz band).

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    42. There were no comments filed that specifically addressed the 
proposed rules and policies presented in the IRFA.

C. Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    43. Pursuant to the Small Business Jobs Act of 2010, which amended 
the RFA, the Commission is required to respond to any comments filed by 
the Chief Counsel for Advocacy of the Small Business Administration 
(SBA), and to provide a detailed statement of any change made to the 
proposed rules as a result of those comments. The Chief Counsel did not 
file any comments in response to the proposed rules in this proceeding.

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

    44. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by rules adopted herein. The RFA generally defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A ``small business concern'' is one which: (1) is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the SBA.
    45. Small Businesses, Small Organizations, Small Governmental 
Jurisdictions. The Commission's actions, over time, may affect small 
entities that are not easily categorized at present. The Commission 
therefore describes, at the outset, three broad groups of small 
entities that could be directly affected herein. First, while there are 
industry specific size standards for small businesses that are used in 
the regulatory flexibility analysis, according to data from the Small 
Business Administration's (SBA) Office of Advocacy, in general a small 
business is an independent business having fewer than 500 employees. 
These types of small businesses represent 99.9% of all businesses in 
the United States, which translates to 33.2 million businesses.
    46. Next, the type of small entity described as a ``small 
organization'' is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000 
or less to delineate its annual electronic filing requirements for 
small exempt organizations. Nationwide, for tax year 2022, there were 
approximately 530,109 small exempt organizations in the U.S. reporting 
revenues of $50,000 or less according to the registration and tax data 
for exempt organizations available from the IRS.
    47. Finally, the small entity described as a ``small governmental 
jurisdiction'' is defined generally as ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.'' U.S. Census 
Bureau data from the 2022 Census of Governments indicate there were 
90,837 local governmental jurisdictions consisting of general purpose 
governments and special purpose governments in the United States. Of 
this number, there were 36,845 general purpose governments (county, 
municipal, and town or township) with populations of less than 50,000 
and 11,879 special purpose governments (independent school districts) 
with enrollment populations of less than 50,000. Accordingly, based on 
the 2022 U.S. Census of Governments data, the Commission estimates that 
at least 48,724 entities fall into the category of ``small governmental 
jurisdictions.''
    48. Wireless Telecommunications Carriers (except Satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves. Establishments in this industry have spectrum licenses and 
provide services using that spectrum, such as cellular services, paging 
services, wireless internet access, and wireless video services. The 
SBA size standard for this industry classifies a business as small if 
it has 1,500 or fewer employees. U.S. Census Bureau data for 2017 show 
that there were 2,893 firms in this industry that operated for the 
entire year. Of that number, 2,837 firms employed fewer than 250 
employees. Additionally, based on Commission data in the 2022 Universal 
Service Monitoring Report, as of December 31, 2021, there were 594 
providers that reported they were engaged in the provision of wireless 
services. Of these providers, the Commission estimates that 511 
providers have 1,500 or fewer employees. Consequently, using the SBA's 
small business size standard, most of these providers can be considered 
small entities.
    49. Fixed Microwave Services. Fixed microwave services include 
common carrier, private-operational fixed, and broadcast auxiliary 
radio services. They also include the Upper Microwave Flexible Use 
Service (UMFUS), Millimeter Wave Service (70/80/90 GHz), Local 
Multipoint Distribution Service (LMDS), the Digital Electronic Message 
Service (DEMS), 24 GHz Service, Multiple Address Systems (MAS), and 
Multichannel Video Distribution and Data Service (MVDDS), where in some 
bands licensees can choose between common carrier and non-common 
carrier status. Wireless Telecommunications Carriers (except Satellite) 
is the closest industry with a SBA small business size standard 
applicable to these services. The SBA small size standard for this 
industry classifies a business as small if it has 1,500 or fewer 
employees. U.S. Census Bureau data for 2017 show that there were 2,893 
firms that operated in this industry for the entire year. Of this 
number, 2,837 firms employed fewer than 250 employees. Thus under the 
SBA size standard, the Commission estimates that a majority of fixed

[[Page 100864]]

microwave service licensees can be considered small.
    50. Additionally, since the Commission does not collect data on the 
number of employees for licensees providing these services, at this 
time the Commissions not able to estimate the number of licensees with 
active licenses that would qualify as small under the SBA's small 
business size standard.
    51. Satellite Telecommunications. This industry comprises firms 
``primarily engaged in providing telecommunications services to other 
establishments in the telecommunications and broadcasting industries by 
forwarding and receiving communications signals via a system of 
satellites or reselling satellite telecommunications.'' Satellite 
telecommunications service providers include satellite and earth 
station operators. The SBA small business size standard for this 
industry classifies a business with $44 million or less in annual 
receipts as small. U.S. Census Bureau data for 2017 show that 275 firms 
in this industry operated for the entire year. Of this number, 242 
firms had revenue of less than $25 million. Additionally, based on 
Commission data in the 2022 Universal Service Monitoring Report, as of 
December 31, 2021, there were 65 providers that reported they were 
engaged in the provision of satellite telecommunications services. Of 
these providers, the Commission estimates that approximately 42 
providers have 1,500 or fewer employees. Consequently, using the SBA's 
small business size standard, a little more than half of these 
providers can be considered small entities.
    52. All Other Telecommunications. This industry is comprised of 
establishments primarily engaged in providing specialized 
telecommunications services, such as satellite tracking, communications 
telemetry, and radar station operation. This industry also includes 
establishments primarily engaged in providing satellite terminal 
stations and associated facilities connected with one or more 
terrestrial systems and capable of transmitting telecommunications to, 
and receiving telecommunications from, satellite systems. Providers of 
internet services (e.g. dial-up ISPs) or Voice over internet Protocol 
(VoIP) services, via client-supplied telecommunications connections are 
also included in this industry. The SBA small business size standard 
for this industry classifies firms with annual receipts of $40 million 
or less as small. U.S. Census Bureau data for 2017 show that there were 
1,079 firms in this industry that operated for the entire year. Of 
those firms, 1,039 had revenue of less than $25 million. Based on this 
data, the Commission estimates that the majority of ``All Other 
Telecommunications'' firms can be considered small.
    53. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. This industry comprises establishments 
primarily engaged in manufacturing radio and television broadcast and 
wireless communications equipment. Examples of products made by these 
establishments are: transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment. The SBA small business size standard for this 
industry classifies businesses having 1,250 employees or less as small. 
U.S. Census Bureau data for 2017 show that there were 656 firms in this 
industry that operated for the entire year. Of this number, 624 firms 
had fewer than 250 employees. Thus, under the SBA size standard, the 
majority of firms in this industry can be considered small.

E. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    54. The Report and Order expands the compliance obligations of 
Resolution 750's emissions limits to all mobile operations in the 24 
GHz band. However, the adoption of the Resolution 750 emissions limits, 
emissions limits measurement methodology and emissions limits effective 
date timetables will not impose any new reporting or recordkeeping 
requirements on small or other entities. No comments were filed in this 
proceeding regarding the specific implications of the Commission's 
proposals, including any associated costs, on small entities. In 
assessing the cost of compliance for small entities, at this time the 
Commission is not in a position to determine whether these actions will 
require small entities to hire professionals to comply, and cannot 
quantify the cost of compliance with the rule changes that were 
adopted. The Commission notes, as the Commission did in the IRFA 
addressing the proposal, that comments in response to the Public Notice 
that raised concerns about increased costs if Resolution 750 emissions 
limits are adopted, have been taken into consideration.

F. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    55. The RFA requires an agency to provide ``a description of the 
steps the agency has taken to minimize the significant economic impact 
on small entities . . . including a statement of the factual, policy, 
and legal reasons for selecting the alternative adopted in the final 
rule and why each one of the other significant alternatives to the rule 
considered by the agency which affect the impact on small entities was 
rejected.''
    56. In making its determinations regarding the rules adopted in the 
Report and Order, the Commission has sought data on the costs and 
economic impact of the proposals and approaches discussed in the Notice 
in order to allow the Commission to better evaluate options and 
alternatives for minimization of any significant economic impact on 
small entities if Resolution 750 emissions limits and effective date 
timetables were adopted.
    57. Based on the record in this proceeding, the Commission's 
adoption of Resolution 750 emissions limits strives to strike the 
appropriate balance between protecting passive sensing satellite 
operations and facilitating use of the 24 GHz band. For example, in the 
Report and Order, the Commission considered, but ultimately declined to 
adopt rules accelerating the deadline for equipment certification of 
Phase 1 equipment. In taking that step, the Commission minimized 
significant economic and administrative burdens on small equipment 
manufacturers and carriers seeking to plan their own affairs. 
Additionally, the Commission could have developed and adopted its own 
emissions limits and related requirements which may have included 
emissions limits that were more or less strict than the Resolution 750 
emissions limits. The Commission could have also simply maintained the 
existing rules. However, all commenters--including the weather 
community, scientific community, mobile operators, equipment 
manufacturers, Federal agencies, and other commentors, some of which 
are small entities--agreed that the Commission should align its rules 
with Resolution 750 to protect extremely sensitive passive satellite 
operations, facilitate the continued development and deployment of 5G 
in the U.S., promote international harmonization, enable equipment 
manufacturers to provide globally marketable equipment, and to be 
consistent with U.S. policy relating to

[[Page 100865]]

Radio Regulations. Thus, the synchronicity between the Resolution 750 
emissions limits and the Commission's part 30 rules appears to be the 
best course of action, although small entities that hold licenses 
subject to these rules may incur increased deployment costs to comply 
with the more stringent Resolution 750 emissions limits.
    58. In the alternative, if the Commission were to propose and adopt 
its own emissions limits, particularly if the emissions limits were 
stricter than both the existing emissions limits and Resolution 750 
emissions limits, small entities could be subjected to significantly 
increased compliance costs without any of the above-mentioned benefits. 
Further, if the Commission were to propose and adopt less stringent 
emissions limit requirements or if the Commission simply maintained the 
existing requirements, its rules may not provide the necessary 
protections for passive satellite operations to operate in the 24 GHz 
band and might make it difficult for EESS to make observations free 
from harmful interference, thereby jeopardizing the accuracy of 
critical weather forecasting and climatology data. Instead, the 
Commission believes adoption of the Resolution 750 emissions limits, 
which were carefully considered andthe product of extensive industry 
collaboration, is the right approach and any potential burdens are 
outweighed by the benefits of protecting passive observations in the 
23.6-24.0 GHz band, including improvements in weather forecasting.
    59. The Commission received several comments regarding applying the 
emissions limits to indoor small cell operations. CTIA noted that doing 
so would impose significant regulatory costs on manufacturers to obtain 
equipment certification and could delay deployment, without conferring 
additional benefit to EESS. Ericsson explained that ``[t]he Resolution 
750 limits are not necessary to protect adjacent services from indoor 
small cell systems and applying them would only add production costs 
that hinder the deployment of small cell systems in the band.'' As 
discussed in the Report and Order, the Commission found that the record 
was insufficient to support exempting indoor base stations, and decided 
to apply the Resolution 750 limits to indoor small-cell mobile 
equipment. While commenters noted that doing so would be unnecessary to 
reduce the risk of interference and may be costly--commenters did not 
include specifics, figures, or examples in their filings. As the 
Commission noted, while an argument could be made for exempting indoor 
base stations, doing so would require further record development on an 
appropriate power level for indoor base stations. On the current 
record, it is unclear to what extent exempting indoor base stations 
from the Resolution 750 limits would be useful or what sort of cost 
alleviation--if any--may occur.
    60. The Commission also received comments regarding implementation 
timeline and requirements. AT&T and Qualcomm noted that an accelerated 
timeline would be ``impractical and costly,'' for stakeholders. For 
this reason and others discussed in the Report and Order, the 
Commission adopted the Resolution 750 unwanted emissions limits on the 
timeframes adopted at WRC-19. The first phase limits (-33 dBW for base 
stations, -29 dBW for mobile stations) will apply as of the effective 
date of the rules, and the second phase limits (-39 dBW for base 
stations, -35 dBW for mobile stations) will apply to all deployments 
after September 1, 2027.
    61. AT&T further stated that requiring 24 GHz licensees to replace 
existing equipment before they intend to place Phase 2 equipment into 
service would be costly and inefficient, which would discourage 
deployments before the Phase 2 compliance date. As discussed, to the 
extent that equipment meeting only the Phase 1 emissions limit is 
installed sometime on or prior to September 1, 2027, the Commission 
adopted NTIA's proposal that it ``require base station and user 
equipment modified or replaced after September 2027 to comply with the 
post-September 2027 emissions limits.'' But due to cost and 
inefficiency concerns expressed, the Commission added the clarification 
that only equipment that undergoes replacement, or modifications that 
change the emission characteristics of the equipment would constitute a 
``modification or replacement'' triggering the requirement that this 
equipment must be Phase 2 compliant.

IV. Ordering Clauses

    62. Accordingly, it is ordered, pursuant to sections 4(i), 301, 
302, 303(r), 308, 309, and 333 of the Communications Act of 1934, 47 
U.S.C. 154(i), 301, 302a, 303(r), 308, 309, 333, that this Report and 
Order is hereby adopted.
    63. It is further ordered that sections 2.106 and 30.203 of the 
Commission's rules are amended as specified in the Final Rules (below) 
of the Report and Order, and such rule amendments will become effective 
30 days after the date of publication in the Federal Register.
    64. It is further ordered that the Commission's Office of the 
Secretary, shall send a copy of this Report and Order, including the 
Final Regulatory Flexibility Analysis, to the Chief Counsel for 
Advocacy of the Small Business Administration.
    65. It is further ordered that the Office of the Managing Director, 
Performance Program Management, shall send a copy of this Report and 
Order in a report to be sent to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, 5 
U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Parts 2 and 30

    Communications common carriers, Communications equipment.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 2 and 30 as follows:

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

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

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

0
2. Amend Sec.  2.106, in the Table of Frequency Allocations, by 
revising pages 54 and 55 in paragraph (a) and adding paragraph (c)(146) 
to read as follows:

Sec.  2.106   Table of Frequency Allocations.

    (a) * * *
* * * * *
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* * * * *
    (c) * * *
    (146) US146 In the bands 24.25-24.45 GHz and 24.75-27.5 GHz, the 
maximum

[[Page 100868]]

conducted output power or the total radiated power (TRP) of emissions 
from stations in the mobile service in any 200 MHz of the band 23.6-24 
GHz shall not exceed -33 dBW/200 MHz for base stations and -29 dBW/200 
MHz for mobile stations, and for stations brought into use after 
September 1, 2027, the maximum conducted output power or TRP shall not 
exceed -39 dBW/200 MHz for base stations and -35 dBW/200 MHz for mobile 
stations. If equipment brought into use on or prior to September 1, 
2027 is replaced, or modified in a manner that changes the emissions 
characteristics of the equipment, the equipment must then comply with 
the -39 dBW/200 MHz limit for base stations and -35 dBW/200 MHz limit 
for mobile stations.
* * * * *

PART 30--UPPER MICROWAVE FLEXIBLE USE SERVICE

0
3. The authority citation for part 30 continues to read as follows:

    Authority:  47 U.S.C. 151, 152, 153, 154, 301, 303, 304, 307, 
309, 310, 316, 332, 1302, unless otherwise noted.

0
4. Amend Sec.  30.2 by adding in alphabetical order the definition of 
``Maximum Conducted Output Power'' to read as follows:

Sec.  30.2   Definitions.

* * * * *
    Maximum Conducted Output Power. The total transmit power delivered 
to all antennas and antenna elements averaged across all symbols in the 
signaling alphabet when the transmitter is operating at its maximum 
power control level. Power must be summed across all antennas and 
antenna elements. The average must not include any time intervals 
during which the transmitter is off or is transmitting at a reduced 
power level. If multiple modes of operation are possible (e.g., 
alternative modulation methods), the maximum conducted output power is 
the highest total transmit power occurring in any mode.
* * * * *

0
5. Amend Sec.  30.203 by revising the section heading and adding 
paragraph (d) to read as follows:

Sec.  30.203   Emissions limits.

* * * * *
    (d)(1) In addition to the limits noted in paragraphs (a) through 
(c) of this section, for licensees operating mobile equipment in the 
24.25-24.45 GHz or 24.75-25.25 GHz bands, the maximum conducted output 
power or the total radiated power of emissions in any 200 MHz of the 
23.6-24.0 GHz band shall not exceed -33 dBW (for base stations) or -29 
dBW (for mobile stations).
    (2) For mobile equipment brought into use after September 1, 2027, 
the maximum conducted output power or the total radiated power of 
emissions in any 200 MHz of the 23.6-24.0 GHz band shall not exceed -39 
dBW (for base stations) or -35 dBW (for mobile stations). If equipment 
brought into use on or prior to September 1, 2027 is replaced, or 
modified in a manner that changes the emissions characteristics of the 
equipment, the equipment must then comply with the emissions limits in 
this paragraph (d).

[FR Doc. 2024-29313 Filed 12-12-24; 8:45 am]
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