Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations 43865 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1, 2, 15, 90, 95, and 97 

[ET Docket No. 15–26; FCC 17–94] 

Permitting Radar Services in the 76–81 

GHz Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) amends its rules to permit 

vehicular radars and certain nonvehicular fixed and mobile radars used 

at airports to operate in the entire 76– 

81 GHz band on an interferenceprotected basis. Access to the entire 76– 

81 GHz band is intended to provide 

sufficient spectrum bandwidth to enable 

the deployment of wideband highprecision short-range vehicular radar 

(SRR) applications, such as blind spot 

detectors, that can enhance the safety of 

drivers and other road users, while 

continuing to allow the deployment of 

proven long-range vehicular radar (LRR) 

applications, such as adaptive cruise 

control. The amended rules also permit 

the deployment in airport air operations 

areas of fixed and mobile radars that 

detect foreign object debris (FOD) on 

runways, which could harm aircraft on 

take-off and landing, and aircraftmounted radars that can help aircraft 

avoid colliding with equipment, 

buildings, and other aircraft while 

moving on airport grounds. In addition, 

the amended rules allow for the 

continued shared use of the 76–81 GHz 

band by other incumbent users, 

including amateur radio operators and 

the scientific research community. 

DATES: Effective date: Effective October 

20, 2017, except for § 15.37(l), which is 

effective September 20, 2018. 

Applicability date: Section 15.37(o) 

was applicable beginning July 13, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Howard Griboff (Legal) at (202) 418– 

0657, Howard.Griboff@fcc.gov, or 

Patrick Forster (Technical) at (202) 418– 

7061, Patrick.Forster@fcc.gov, Office of 

Engineering and Technology. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, ET Docket No. 15–26, FCC 

17–94, adopted July 13, 2017 and 

released July 14, 2017. The full text of 

this document is available for public 

inspection and copying during normal 

business hours in the FCC Reference 

Center (Room CY–A257), 445 12th 

Street SW., Washington, DC 20554, or 

by downloading the text from the 

Commission’s Web site at http://

transition.fcc.gov/Daily_Releases/Daily_

Business/2017/db0714/FCC-17- 

94A1.pdf. Alternative formats are 

available for people with disabilities 

(Braille, large print, electronic files, 

audio format) by sending an email to 

fcc504@fcc.gov or calling the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

I. Introduction 

1. On February 3, 2015, the 

Commission adopted a Notice of 

Proposed Rulemaking (NPRM) in this 

proceeding. 80 FR 12120, March 6, 

2015. In the Report and Order, the 

Commission amended the United States 

Table of Frequency Allocations (U.S. 

Table) in § 2.106 and several related 

service rules to establish a 

comprehensive and consistent set of 

rules and policies for radar operations 

in the 76–81 GHz band. The following 

are the major actions that the 

Commission took to support the 

deployment in the 76–81 GHz band of 

advanced vehicular radar applications 

and certain non-vehicular fixed and 

mobile radar applications for use at 

airports: 

• Allocated the 77.5–78 GHz band to 

the Radiolocation Service on a primary 

basis in the U.S. Table to provide a 

contiguous five gigahertz band at 76–81 

GHz for radar operations. 

• Allowed vehicular radars and 

certain non-vehicular fixed and mobile 

radars used at airports to operate in the 

entire 76–81 GHz band. 

• Consolidated radar operations in 

the 76–81 GHz band under part 95 of 

the Commission’s rules to be licensedby-rule and protected from interference 

with the same technical parameters as 

currently specified for 76–77 GHz radars 

in part 15 of the rules. 

• Restricted fixed radar operations to 

airport air operations areas to prevent 

such radars signals from illuminating 

public roadways and causing harmful 

interference to vehicular radar 

operations. 

• Reduced the maximum equivalent 

isotropically radiated power (EIRP) of 

amateur and amateur satellite 

operations in the 76–81 GHz band to 

match that of radar operations in the 

76–81 GHz band to reduce the potential 

for these amateur operations to cause 

harmful interference to radar operations 

in the band. 

II. Discussion 

2. In the Report and Order, the 

Commission amended parts 1, 2, 15, 90, 

95, and 97 of its rules to facilitate the 

deployment in the 76–81 GHz band of 

advanced vehicular radar applications 

and certain fixed and mobile radars in 

airport air operations areas. These 

actions are described in greater detail 

below. 

A. Allocation Changes to the 77.5–78 

GHz Band 

3. As proposed in the NPRM, the 

Commission allocated the 77.5–78 GHz 

band to the Radiolocation Service (RLS) 

on a primary basis in the U.S. Table. 

This action made the entire 76–81 GHz 

band available for licensed radar 

applications on a primary basis 

nationwide and brought the U.S. Table 

into agreement with the International 

Table of Frequency Allocations. In 

response to commenters’ concerns about 

the potential for interference from 

amateur operations to vehicular radar 

operations in the 76–81 GHz band, the 

Commission changed the Amateur 

Service and Amateur Satellite Service 

allocations in the 77.5–78 GHz band of 

the U.S. Table from primary to 

secondary status to match the secondary 

Amateur Service and Amateur Satellite 

Service allocations in the remainder of 

the 76–81 GHz band. As secondary 

users in the 76–81 GHz band, amateurs 

will have an obligation to operate in a 

manner that minimizes the potential for 

harmful interference to licensed radar 

applications that will operate under the 

primary RLS allocation throughout the 

entire 76–81 GHz band and Radio 

Astronomy Service (RAS) stations in the 

76–81 GHz band, and cannot claim 

protection from harmful interference 

from any primary service. If amateur 

radio operators cause any harmful 

interference, they will be required to 

provide an immediate remedy, up to 

and including terminating their 

operations. As an added protection 

against potential interference from 

amateur operations to vehicular radar 

operations in the 76–81 GHz band, the 

Commission amended the part 97 

Amateur Radio Service rules to specify 

a maximum EIRP of 55 dBm (316 Watts) 

that Amateur Service and Amateur 

Satellite Service stations in the 76–81 

GHz band may transmit, the same as the 

allowable vehicular radar peak EIRP 

limit. 

4. Although the Commission 

determined that the addition of the 

primary RLS allocation in the 77.5–78 

GHz band did not raise any new 

interference considerations for RAS 

operations in the 76–81 GHz band, 

because there is no distinction between 

RAS use of the 77.5–78 GHz band and 

the remainder of the 76–81 GHz band it 

upgraded the secondary RAS allocation 


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43866 Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations 

in the 77.5–78 GHz band to primary 

status to match the RAS allocations in 

the 76–77.5 GHz/78–81 GHz bands. By 

making the RLS and RAS co-primary 

throughout the 76–81 GHz band, the 

Commission provided regulatory 

consistency between the two services 

and eliminated the potential problem, in 

the event of harmful interference to the 

RAS due to vehicular radar operations, 

of determining protection rights in favor 

of addressing and mitigating the 

interference concern. However, since 

the Commission determined that 

addition of the primary RLS allocation 

in the 77.5–78 GHz band did not raise 

any new interference considerations 

that would justify upgrading the 

secondary Space Research Service 

(space-to-Earth) (SRS (space-to-Earth)) 

allocation in the 77.5–78 GHz band to 

primary status, the Commission 

maintained this service’s current 

secondary status, consistent with the 

SRS (space-to-Earth) allocations in the 

remainder of the 76–81 GHz band. 

Given the size and scope of the 

automotive fleet in the United States as 

compared to the two RAS facilities that 

operate in the 76–81 GHz band, the 

Commission declined to adopt 

commenters proposals for an automatic 

or manual on/off switch and 

coordination zones in the vicinity of 

RAS observatories for vehicular radars 

that operate in the 76–81 GHz band. 

B. Consolidating Vehicular Radar 

Operations Into the 76–81 GHz Band 

5. As part of the Commission’s efforts 

to consolidate future vehicular radar 

operations into the 76–81 GHz band, the 

NPRM noted that there is little or no use 

of vehicular radars in the 16.2–17.7 GHz 

and 46.7–46.9 GHz bands, and sought 

comment on modifying the 

Commission’s part 15 rules to no longer 

approve vehicular radar devices for 

operation in these bands. Since no 

commenters opposed this suggestion, 

the Commission deleted the references 

to vehicular radar operations in the 

16.2–17.7 GHz and 46.7–46.9 GHz 

bands from the Commission’s part 15 

rules and ceased accepting applications 

for equipment certification of such 

devices effective upon the adoption of 

the Report and Order. It prohibited the 

continued manufacture, importation, 

marketing, sale, and installation for use 

in the United States of such equipment 

in the 16.2–17.7 GHz band under the 

sole existing equipment authorization, 

FCC ID No. L2C0004TR. However, it 

grandfathered, for the life of the 

equipment, any vehicular radars that are 

already installed or in use under this 

authorization, thus allowing such 

systems to continue operating for the 

life of the vehicle or until the supply of 

existing equipment necessary for 

maintenance is exhausted. 

6. As proposed in the NPRM, the 

Commission also phased out unlicensed 

wideband radars authorized under 

§ 15.252 to operate in the 23.12–29 GHz 

and ultra-wideband (UWB) radars 

authorized under § 15.515 to operate in 

the 22–29 GHz band (collectively, 

‘‘unlicensed 24 GHz wideband and 

UWB vehicular radars’’). In response to 

commenters’ concerns that ceasing 

certification of new unlicensed 24 GHz 

wideband and UWB vehicular radars 

beginning 30 days after publication of 

the final rules in the Federal Register, 

as proposed in the NPRM, would be 

insufficiently short, the Commission 

decided it will not certify new 

unlicensed 24 GHz wideband and UWB 

vehicular radar equipment on or after 

one year from the date of publication of 

the Report and Order in the Federal 

Register. In response to commenters’ 

suggestions to, at a minimum, 

harmonize the phase-out of unlicensed 

24 GHz wideband and UWB vehicular 

radars with the phase-out adopted for 24 

GHz vehicular radars in the European 

Union (EU), the Commission decided to 

allow the manufacture, importation, 

marketing, sale, and installation of, as 

well as Class II permissive changes for, 

previously certified unlicensed 24 GHz 

wideband and UWB vehicular radar 

devices until January 1, 2022, consistent 

with the EU transition plan for 24 GHz 

vehicular radars. After January 1, 2022, 

the manufacture, importation, 

marketing, sale, and installation of, and 

Class II permissive changes for, these 

devices for use in the United States, 

with one limited exception regarding 

sale and installation for the repair/ 

replacement of defective, damaged, or 

malfunctioning equipment, will not be 

permitted. 

7. However, as proposed in the 

NPRM, the Commission decided to 

permit unlicensed 24 GHz wideband 

and UWB vehicular radars that are 

already installed or in use by January 1, 

2022 to continue to operate in the 

vehicle. In that regard, the Commission 

provided a narrow exception to the 

phase-out requirements to permit, for 

the life of the vehicle, the continued 

sale and installation of unlicensed 24 

GHz wideband and UWB radar devices 

for the exclusive purpose of repairing or 

replacing defective, damaged, or 

potentially malfunctioning equipment 

installed on or before January 1, 2022. 

This exception is available only when it 

is not possible to repair or replace the 

radar equipment designed to operate in 

the 24 GHz band with radar equipment 

designed to operate in the 76–81 GHz 

band, and is limited to the repair and 

replacement of unlicensed 24 GHz 

wideband and UWB vehicular radar 

equipment that has been certified for 

operation in the 24 GHz band. The 

Commission expects manufacturers to 

draw on existing stock of equipment 

that has been approved before January 1, 

2022, but it will address requests for 

additional relief (e.g., manufacture, 

importation, or product redesign) on a 

case-by-case basis. 

8. The Commission clarified that the 

proposal with regard to phasing out use 

of the 22–29 GHz band for wideband 

and UWB vehicular radar operations 

that operate under §§ 15.252 and 15.515 

of the rules was not intended to apply 

to unlicensed radars that operate at 

24.075–24.175 GHz and 24.0–24.25 GHz 

under §§ 15.245 and 15.249 of the rules, 

respectively. These rules, which are not 

being modified, authorize a wide variety 

of devices that include, but are not 

limited to, vehicular-specific radars. As 

such, the Commission will continue to 

certify radars that operate under these 

rules and they can continue to be used 

in vehicular applications. 

C. Fixed and Other Mobile Radar 

Operations in the 76–81 GHz Band 

9. Fixed Radars Operations. The 

NPRM proposed to adopt rules that 

would permit fixed infrastructure radar 

applications in all or part of the 76–81 

GHz band if there was sufficient 

demand for such uses and studies could 

support sharing between vehicular and 

non-vehicular radar applications in the 

band. Although several commenters 

expressed interest in deploying fixed 

radar applications in the 76–81 GHz 

band at any location, there was 

substantial disagreement as to whether 

such applications could successfully 

coexist with vehicular radars. Many 

commenters opposed allowing fixed 

radar operations in the 76–81 GHz band, 

citing potential interference that could 

compromise the safe operation of 

vehicular radar systems. Although 

commenters asserted that they expected 

fixed radar manufacturers to design 

equipment that is technically identical 

to vehicular radars, the Commission 

stated that it could not guarantee that 

this would happen in practice since it 

neither proposed nor developed a 

record for the Commission to mandate 

device specifications and guidelines. 

Therefore, to prevent non-vehicular 

fixed radar applications outside of 

airport locations from causing harmful 

interference to vehicular radars and 

provide a more certain environment for 

the successful migration of vehicular 

radars to the 76–81 GHz band, the 

Commission decided to maintain the 


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Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations 43867 

existing prohibition on non-vehicular 

fixed radar operations outside of airport 

air operations areas. 

10. However, the Commission 

recognized the possibility that there 

may be situations in which fixed radars 

might be compatible with vehicular 

radars in the 76–81 GHz band, and did 

not foreclose exploration of such 

scenarios. The Commission 

acknowledged that, under careful 

coordination, it might be possible for 

fixed radars to operate in the band at 

carefully selected locations without 

causing harmful interference to 

vehicular radars, but noted that there 

was insufficient information in the 

record to develop the specific criteria 

for a successful coordination process. 

The Commission stated that it is open 

to the possibility that specific, limited 

fixed uses of 76–81 GHz radars outside 

of airport locations may be possible so 

long as it can be convinced that such 

use would not cause harmful 

interference to vehicular radar 

operations in the band. 

11. Airport Radar Operations. Prior to 

adoption of the Report and Order, 

unlicensed FOD detection radar 

operations were operating as fixed 

devices in the 76–77 GHz band under 

part 15 of the rules, and could be 

authorized as either fixed or mobile 

devices on a licensed basis under the 

Commission’s part 90 rules in the 78– 

81 GHz band, in airport air operations 

areas only. As proposed in the NPRM 

and supported by the record, the 

Commission decided to permit fixed 

and mobile FOD detection radar 

operations throughout the entire 76–81 

GHz band on airport grounds only, 

under the same technical requirements 

as those provided for such operations in 

the 76–77 GHz band in part 15 of the 

Commission’s rules. To minimize the 

potential for harmful interference to 

vehicular radar operations from 

expanded FOD detection radar 

operations, the Commission maintained 

the limitation that FOD detection radar 

operations occur only in airport 

locations that avoid illumination of 

public roadways (i.e., in airport air 

operations areas). This restriction will 

provide geographic separation between 

airport-based radar operations and 

vehicular radar operations on public 

roads, avoiding any possibility of 

harmful interference to vehicular radar 

operations in the 76–81 GHz band. As 

proposed in the NPRM and supported 

by the record, the Commission 

grandfathered for the life of the 

equipment, or until the supply of 

existing equipment necessary for 

maintenance is exhausted, any FOD 

detection radars that are already 

installed or in use. If entities want to 

operate existing FOD detection radars in 

the 77–78 GHz band, which has not 

previously been available for FOD 

detection radar use, such equipment 

would first have to be certified under 

the Commission’s equipment 

authorization procedures to operate in 

the 77–78 GHz band under the part 95 

rules. 

12. The Commission also permitted 

the use of aircraft-mounted radar 

applications, referred to as ‘‘wingtip 

radars,’’ in the entire 76–81 GHz band 

with the same technical rules as FOD 

detection radars, as long as they are 

used in airport air operations areas 

while aircraft (including helicopters) are 

on the ground. These radars will be 

used to prevent and mitigate the 

severity of aircraft wingtip collisions 

while planes move between airport 

gates and runways. The Commission 

agreed with commenters that aircraftmounted radar applications can help 

protect aircraft during taxiing and 

ground maneuvering, improve airport 

operations, and provide significant 

benefits to the airline industry and 

traveling public, while still protecting 

vehicular radars from harmful 

interference. 

13. Based on the potential for airborne 

radar operations to interfere with RAS 

operations, the Commission decided not 

to permit the use of aircraft-mounted 

radars when the aircraft (or helicopter) 

is airborne. To provide greater assurance 

that parties will comply with the 

ground-based restriction for aircraftmounted radars, the Commission also 

decided to require that aircraft-mounted 

radars include an automatic mechanism 

that discontinues all 76–81 GHz radar 

functions while the aircraft is airborne, 

which no commenters objected to, and 

one commenter indicated is technically 

feasible. 

D. Radar Operations in the 76–81 GHz 

Band Under Part 95 of the 

Commission’s Rules 

14. As proposed in the NPRM and 

supported by the majority of 

commenters, the Commission 

consolidated 76–81 GHz radar 

operations, except for Level Probing 

Radars (LPRs), under part 95 of the 

Commission’s rules to be licensed-byrule and protected from interference. 

Radar applications operating in the 76– 

81 GHz range will now be governed by 

Subpart M, The 76–81 GHz Radar 

Service, in part 95 of the rules. LPRs, 

which are authorized by § 15.256 to 

operate in a variety of frequency ranges, 

including the 75–85 GHz band, and can 

coexist with vehicular radar operations, 

will remain authorized to operate on an 

unlicensed basis. 

15. A licensed-by-rule approach 

under part 95 will provide a level of 

interference protection to 76–81 GHz 

radar operations that the Commission’s 

part 15 rules cannot provide since 

unlicensed users must accept 

interference from licensed and 

unlicensed users, whereas under part 

95, primary licensed users are protected 

from interference from secondary and 

unlicensed users. A licensed-by-rule 

approach will also reduce the 

application and licensing burdens 

associated with authorizing radar 

operations under an individual license 

basis, and create time and cost 

efficiencies for deployment of these 

important services. Given that FOD 

detection radar operations are restricted 

to airport air operations areas that do 

not have public vehicle access, and 

considering the narrow beamwidths, 

highly directional antennas, and large 

signal propagation losses at relatively 

short distances of radar operations in 

the 76–81 GHz band, the Commission 

saw no need to require licensed FOD 

detection radars to coordinate with 

other licensed services or exclude FOD 

detection radars from part 95 regulation. 

16. Technical Rules. As proposed in 

the NPRM, the Commission adopted 

technical rules for the newly expanded 

radar band that mirrored those currently 

provided for unlicensed vehicular 

radars and FOD detection radars in the 

76–77 GHz band under the part 15 rules. 

Specifically, the Commission adopted 

the same average (50 dBm) and peak (55 

dBm) EIRP emissions limits for radar 

applications in the entire 76–81 GHz 

band as is currently specified in the part 

15 rules for unlicensed vehicular radars 

in the 76–77 GHz band. The 

Commission also adopted other 

technical rules for the newly expanded 

radar band that mirrored those currently 

provided under part 15, including 

unwanted emissions limits, equipment 

certification, and radiofrequency 

exposure evaluation. Consistent with 

the NPRM, the new part 95 rules do not 

specify distinct spectrum blocks in the 

76–81 GHz band for particular radar 

operations such as LRR and SRR, or 

FOD detection and aircraft-mounted 

radars. Instead, the Commission chose 

to rely on market forces and 

standardization processes to drive 

radars use of the band in accordance 

with application needs and the state of 

the technology, and decided that 

interested parties can determine 

whether particular segments of the 76– 

81 GHz band should be designated 

exclusively for LRR or SRR applications, 

or for FOD detection or aircraft-mounted 


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43868 Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations 

radars. Neither LRR applications nor 

aircraft-mounted radars are restricted to 

operating within a one-gigahertz block 

of spectrum within the 76–81 GHz band, 

as suggested by some commenters. 

17. Vehicular and FOD detection 

radars currently certified under part 15 

to operate in the 76–77 GHz band need 

not be recertified under part 95 to 

continue to operate in the band. These 

devices may continue their operations, 

but will now do so on a licensed-by-rule 

basis and be entitled to interference 

protection from amateur operations in 

the 76–81 GHz band. Any changes for 

such previously certified devices will 

need to comply with the applicable part 

95 rules. 

III. Procedural Matters 

A. Paperwork Reduction Act Analysis 

18. This document does not contain 

any new or modified information 

collections subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. 

B. Congressional Review Act 

19. The Commission will send a copy 

of the Report and Order in a report to 

be sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

C. Final Regulatory Flexibility Act 

20. The Regulatory Flexibility Act of 

1980 (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), set forth in Appendix 

B of the Report and Order concerning 

the possible impact of the rule changes. 

IV. Ordering Clauses 

21. Accordingly, it is ordered that 

pursuant to sections 1, 2, 4(i), 301, 

302(a), and 303(f) of the 

Communications Act of 1934, 47 U.S.C. 

151, 152, 154(i), 301, 302(a), and 303(f), 

the Report and Order in ET Docket No. 

15–26 is hereby adopted. 

22. It is further ordered that parts 1, 

2, 15, 90, 95, and 97 of the 

Commission’s rules, 47 CFR parts 1, 2, 

15, 90, 95, and 97 are amended, 

effective October 20, 2017, except as 

otherwise specified. 

List of Subjects 

47 CFR Parts 1 and 2 

Radio, Telecommunications. 

47 CFR Parts 15, 90, 95, and 97 

Communications equipment, Radar, 

Radio. 

Federal Communications Commission. 

Katura Jackson, 

Federal Register Liaison Officer, Office of the 

Secretary. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR parts 1, 2, 

15, 90, 95, and 97 as follows: 

PART 1—PRACTICE AND 

PROCEDURE 

■ 1. The authority citation for part 1 

continues to read as follows: 

Authority: 47 U.S.C. 151, 154(i), 154(j), 

155, 157, 160, 201, 225, 227, 303(r), 309, 332, 

1403, 1404, 1451, 1452, and 1455. 

■ 2. Amend § 1.1307 by adding an entry 

for ‘‘76–81 GHz Radar Service (part 95)’’ 

above the entry for ‘‘Amateur Radio 

Service (part 97)’’ in Table 1 in 

paragraph (b)(1) and revising paragraphs 

(b)(2)(i) and (ii) to read as follows: 

§ 1.1307 Actions that may have a 

significant environmental effect, for which 

Environmental Assessments (EAs) must be 

prepared. 

* * * * * 

(b) * * * 

(1) * * * 

TABLE 1—TRANSMITTERS, FACILITIES

AND OPERATIONS SUBJECT TO ROUTINE ENVIRONMENTAL EVALUATION

Service (title 47 CFR 

rule part) Evaluation required if: 

* * * * * 

76–81 GHz Radar 

Service (part 95).

All included. 

* * * * * 

(2)(i) Mobile and portable transmitting 

devices that operate in the Commercial 

Mobile Radio Services pursuant to part 

20 of this chapter; the Cellular 

Radiotelephone Service pursuant to part 

22 of this chapter; the Personal 

Communications Services (PCS) 

pursuant to part 24 of this chapter; the 

Satellite Communications Services 

pursuant to part 25 of this chapter; the 

Miscellaneous Wireless 

Communications Services pursuant to 

part 27 of this chapter; the Upper 

Microwave Flexible User Service 

pursuant to part 30 of this chapter; the 

Maritime Services (ship earth stations 

only) pursuant to part 80 of this chapter; 

the Specialized Mobile Radio Service, 

the 4.9 GHz Band Service, and the 3650 

MHz Wireless Broadband Service 

pursuant to part 90 of this chapter; the 

Wireless Medical Telemetry Service 

(WMTS), the Medical Device 

Radiocommunication Service 

(MedRadio), and the 76–81 GHz Band 

Radar Service pursuant to part 95 of this 

chapter; and the Citizens Broadband 

Radio Service pursuant to part 96 of this 

chapter are subject to routine 

environmental evaluation for RF 

exposure prior to equipment 

authorization or use, as specified in 

§§ 2.1091 and 2.1093 of this chapter. 

(ii) Unlicensed PCS, unlicensed NII, 

and millimeter-wave devices are also 

subject to routine environmental 

evaluation for RF exposure prior to 

equipment authorization or use, as 

specified in §§ 15.255(g), 15.257(g), 

15.319(i), and 15.407(f) of this chapter. 

* * * * * 

PART 2—FREQUENCY ALLOCATIONS 

AND RADIO TREATY MATTERS; 

GENERAL RULES AND REGULATIONS 

■ 3. The authority citation for part 2 

continues to read as follows: 

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

336, unless otherwise noted. 

■ 4. Amend § 2.106, the Table of 

Frequency Allocations, as follows: 

■ a. Revise page 62. 

■ b. Under ‘‘International Footnotes,’’ 

add, in numerical order, footnote 

5.559B. 

The revision and addition read as 

follows: 

§ 2.106 Table of Frequency Allocations. 

* * * * * 

BILLING CODE 6712–01–P 


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* * * * * 

BILLING CODE 6712–01–C 


ER20SE17.002</GPH>sradovich on DSKBBY8HB2PROD with RULES

76-77.5 76-81 76-77 

RADIO ASTRONOMY RADIO ASTRONOMY RADIO ASTRONOMY 

RADIOLOCATION RADIOLOCATION RADIOLOCATION 

Amateur Space research (space-to-Earth} Amateur Amateur-satellite Space research (space-to-Earth

Space research (space-to-Earth} US342 

77-81 

RADIO ASTRONOMY RADIOLOCATION 

Amateur Amateur-satellite 

Space research (space-to-Earth

<AMDPAR>5.149 

77.5-78 

AMATEUR AMATEUR-SATELLITE 

RADIOLOCATON 5.559B 

Radio astronomy 

Space research (space-to-Earth} 

<AMDPAR>5.149 

78-79 

RADIOLOCATION 

Amateur Amateur-satellite 

Radio astronomy 

Space research (space-to-Earth} 

<AMDPAR>5.149 5.560 

79-81 

RADIO ASTRONOMY 

RADIOLOCATION 

Amateur Amateur-satellite 

Space research (space-to-Earth) 

<AMDPAR>5.149 <AMDPAR>5.560 US342 <AMDPAR>5.560 US342 

81-84 81-84 

FIXED 5.338A FIXED FIXED-SATELLITE (Earth-to-space) FIXED-SATELLITE (Earth-to-space) US297 

MOBILE MOBILE MOBILE-SATELLITE (Earth-to-space) MOBILE-SATELLITE (Earth-to-space) RADIO ASTRONOMY RADIO ASTRONOMY 

Space research (space-to-Earth) Space research (space-to-Earth} 

<AMDPAR>5.149 5.561A US161 US342 US389 

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FIXED 5.338A FIXED FIXED-SATELLITE (Earth-to-space) 5.561 B FIXED-SATELLITE (Earth-to-space) 

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<AMDPAR>5.149 US161 US342 US389 
43870 Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations 

International Footnotes 

* * * * * 

5.559B The use of the frequency 

band 77.5–78 GHz by the radiolocation 

service shall be limited to short-range 

radar for ground-based applications, 

including automotive radars. The 

technical characteristics of these radars 

are provided in the most recent version 

of Recommendation ITU–R M.2057. The 

provisions of No. 4.10 do not apply. 

(WRC–15) 

* * * * * 

■ 5. Amend § 2.1091 by revising 

paragraphs (c)(1) introductory text and 

(c)(2) to read as follows: 

§ 2.1091 Radiofrequency radiation 

exposure evaluation: mobile devices. 

* * * * * 

(c)(1) Mobile devices that operate in 

the Commercial Mobile Radio Services 

pursuant to part 20 of this chapter; the 

Cellular Radiotelephone Service 

pursuant to part 22 of this chapter; the 

Personal Communications Services 

pursuant to part 24 of this chapter; the 

Satellite Communications Services 

pursuant to part 25 of this chapter; the 

Miscellaneous Wireless 

Communications Services pursuant to 

part 27 of this chapter; the Upper 

Microwave Flexible Use Service 

pursuant to part 30 of this chapter; the 

Maritime Services (ship earth station 

devices only) pursuant to part 80 of this 

chapter; the Specialized Mobile Radio 

Service, and the 3650 MHz Wireless 

Broadband Service pursuant to part 90 

of this chapter; the 76–81 GHz Band 

Radar Service pursuant to part 95 of this 

chapter; and the Citizens Broadband 

Radio Service pursuant to part 96 of this 

chapter are subject to routine 

environmental evaluation for RF 

exposure prior to equipment 

authorization or use if: 

* * * * * 

(2) Unlicensed personal 

communications service devices, 

unlicensed millimeter-wave devices, 

and unlicensed NII devices authorized 

under §§ 15.255(g), 15.257(g), 15.319(i), 

and 15.407(f) of this chapter are also 

subject to routine environmental 

evaluation for RF exposure prior to 

equipment authorization or use if their 

ERP is 3 watts or more or if they meet 

the definition of a portable device as 

specified in § 2.1093(b) requiring 

evaluation under the provisions of that 

section. 

* * * * * 

■ 6. Amend § 2.1093 by revising 

paragraph (c)(1) to read as follows: 

§ 2.1093 Radiofrequency radiation 

exposure evaluation: portable devices. 

* * * * * 

(c)(1) Portable devices that operate in 

the Cellular Radiotelephone Service 

pursuant to part 22 of this chapter; the 

Personal Communications Service (PCS) 

pursuant to part 24 of this chapter; the 

Satellite Communications Services 

pursuant to part 25 of this chapter; the 

Miscellaneous Wireless 

Communications Services pursuant to 

part 27 of this chapter; the Upper 

Microwave Flexible Use Service 

pursuant to part 30 of this chapter; the 

Maritime Services (ship earth station 

devices only) pursuant to part 80 of this 

chapter; the Specialized Mobile Radio 

Service, the 4.9 GHz Band Service, and 

the 3650 MHz Wireless Broadband 

Service pursuant to part 90 of this 

chapter; the Wireless Medical Telemetry 

Service (WMTS), the Medical Device 

Radiocommunication Service 

(MedRadio), and the 76–81 GHz Band 

Radar Service pursuant to subparts H, I, 

and M of part 95 of this chapter, 

respectively; unlicensed personal 

communication service, unlicensed NII 

devices and millimeter-wave devices 

authorized under §§ 15.255(g), 

15.257(g), 15.319(i), and 15.407(f) of this 

chapter; and the Citizens Broadband 

Radio Service pursuant to part 96 of this 

chapter are subject to routine 

environmental evaluation for RF 

exposure prior to equipment 

authorization or use. 

* * * * * 

PART 15—RADIO FREQUENCY 

DEVICES 

■ 7. The authority citation for part 15 

continues to read as follows: 

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

307, 336, 544a, and 549. 

■ 8. Amend § 15.37 by adding 

paragraphs (l) through (p) to read as 

follows: 

§ 15.37 Transition provisions for 

compliance with the rules. 

* * * * * 

(l) The certification of wideband 

vehicular radars designed to operate in 

the 23.12–29 GHz band under § 15.252 

and ultra-wideband vehicular radars 

designed to operate in the 22–29 GHz 

band under § 15.515 shall not be 

permitted on or after September 20, 

2018. 

(m) The manufacture, importation, 

marketing, sale, and installation of 

wideband or ultra-wideband vehicular 

radars that are designed to operate in 

the 23.12–29 GHz band under § 15.252 

and/or in the 22–29 GHz band under 

§ 15.515 shall not be permitted after 

January 1, 2022. Notwithstanding the 

foregoing, sale and installation of such 

radars is permitted, for the life of the 

vehicle, when the following conditions 

have been met: 

(1) The sale and installation is for the 

exclusive purpose of repairing or 

replacing defective, damaged, or 

potentially malfunctioning radars that 

are designed to operate in the 23.12–29 

GHz band under § 15.252 and/or in the 

22–29 GHz band under § 15.515; 

(2) The equipment being repaired or 

replaced has been installed in the 

vehicle on or before January 1, 2022; 

and 

(3) It is not possible to replace the 

vehicular radar equipment designed to 

operate in the 23.12–29 GHz and/or 22– 

29 GHz bands with vehicular radar 

equipment designed to operate in the 

76–81 GHz band. 

(n) Wideband or ultra-wideband 

vehicular radars operating in the 23.12– 

29 GHz band under § 15.252 and/or in 

the 22–29 GHz band under § 15.515 that 

are already installed or in use may 

continue to operate in accordance with 

their previously obtained certification. 

Class II permissive changes for such 

equipment shall not be permitted after 

January 1, 2022. 

(o) Applicable July 13, 2017, the 

certification, manufacture, importation, 

marketing, sale, and installation of field 

disturbance sensors that are designed to 

operate in the 16.2–17.7 GHz and 46.7– 

46.9 GHz bands shall not be permitted. 

Field disturbance sensors already 

installed or in use in the 16.2–17.7 GHz 

band may continue to operate in 

accordance with their previously 

obtained certification. Class II 

permissive changes shall not be 

permitted for such equipment. 

(p) Effective October 20, 2017, the 

certification under this part of vehicular 

radars and fixed radar systems used in 

airport air operations areas that are 

designed to operate in the 76–77 GHz 

band shall not be permitted. Vehicular 

radars and fixed radar systems used in 

airport air operations areas operating in 

the 76–77 GHz band that are already 

installed or in use may continue to 

operate in accordance with their 

previously obtained certification. Any 

future certification, or any change of 

already issued certification and 

operations of such equipment, shall be 

under part 95, subpart M, of this 

chapter. 

■ 9. Amend § 15.252 by revising the 

section heading and paragraphs (a) 

introductory text and (a)(1), removing 

paragraph (b)(1), redesignating 

paragraphs (b)(2) through (6) as 

paragraphs (b)(1) through (5), revising 

newly redesignated paragraphs (b)(2) 


sradovich on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations 43871 

and (3), and adding paragraph (d) to 

read as follows: 

§ 15.252 Operation of wideband vehicular 

radar systems within the band 23.12–29.0 

GHz. 

(a) Operation under this section is 

limited to field disturbance sensors that 

are mounted in terrestrial transportation 

vehicles. Terrestrial use is limited to 

earth surface-based, non-aviation 

applications. 

(1) The ¥10 dB bandwidth of the 

fundamental emissions shall be located 

within the 23.12–29.0 GHz band, 

exclusive of the 23.6–24.0 GHz 

restricted band, as appropriate, under 

all conditions of operation including the 

effects from stepped frequency, 

frequency hopping or other modulation 

techniques that may be employed as 

well as the frequency stability of the 

transmitter over expected variations in 

temperature and supply voltage. 

* * * * * 

(b) * * * 

(2) In addition to the radiated 

emissions limits specified in the table in 

paragraph (b)(1) of this section, 

transmitters operating under the 

provisions of this section shall not 

exceed the following RMS average EIRP 

limits when measured using a 

resolution bandwidth of no less than 1 

kHz: 

Frequency in MHz EIRP in dBm 

1164–1240 ............................ ¥85.3 

1559–1610 ............................ ¥85.3 

(3) There is a limit on the peak level 

of the emissions contained within a 50 

MHz bandwidth centered on the 

frequency at which the highest radiated 

emission occurs and this 50 MHz 

bandwidth must be contained within 

the 24.05–29.0 GHz band. The peak 

EIRP limit is 20 log (RBW/50) dBm 

where RBW is the resolution bandwidth 

in MHz employed by the measurement 

instrument. RBW shall not be lower 

than 1 MHz or greater than 50 MHz. 

Further, RBW shall not be greater than 

the ¥10 dB bandwidth of the device 

under test. For transmitters that employ 

frequency hopping, stepped frequency 

or similar modulation types, 

measurement of the ¥10 dB minimum 

bandwidth specified in this paragraph 

shall be made with the frequency hop or 

step function disabled and with the 

transmitter operating continuously at a 

fundamental frequency. The video 

bandwidth of the measurement 

instrument shall not be less than RBW. 

The limit on peak emissions applies to 

the 50 MHz bandwidth centered on the 

frequency at which the highest level 

radiated emission occurs. If RBW is 

greater than 3 MHz, the application for 

certification shall contain a detailed 

description of the test procedure, the 

instrumentation employed in the 

testing, and the calibration of the test 

setup. 

* * * * * 

(d) Wideband vehicular radar systems 

operating in the 23.12–29.0 GHz band 

are subject to the transition provisions 

of § 15.37(l) through (n). 

§ 15.253 [Removed and Reserved] 

■ 10. Remove and reserve § 15.253. 

■ 11. Amend § 15.515 by adding 

paragraph (h) to read as follows: 

§ 15.515 Technical requirements for 

vehicular radar systems. 

* * * * * 

(h) UWB vehicular systems operating 

in the 22–29 GHz band are subject to the 

transition provisions of § 15.37(l) 

through (n). 

PART 90—PRIVATE LAND MOBILE 

RADIO SERVICES 

■ 12. The authority citation for part 90 

continues to read as follows: 

Authority: Sections 4(i), 11, 303(g), 303(r), 

and 332(c)(7) of the Communications Act of 

1934, as amended, 47 U.S.C. 154(i), 161, 

303(g), 303(r), and 332(c)(7), and Title VI of 

the Middle Class Tax Relief and Job Creation 

Act of 2012, Pub. L. 112–96, 126 Stat. 156. 

§ 90.103 [Amended] 

■ 13. Amend § 90.103 by removing the 

entry ‘‘78,000–81,000’’ in the table in 

paragraph (b). 

PART 95—PERSONAL RADIO 

SERVICES 

■ 14. The authority citation for part 95 

continues to read as follows: 

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

and 307(e). 

■ 15. Revise § 95.347 to read as follows: 

§ 95.347 Automatic control. 

Operation of Personal Radio Services 

stations under automatic control is 

prohibited, unless otherwise allowed for 

a particular Personal Radio Service by 

rules in the subpart governing that 

specific service. See, e.g., §§ 95.1747, 

95.2347, 95.2547, 95.3347. 

■ 16. Add subpart M, consisting of 

§§ 95.3301 through 95.3385, to read as 

follows: 

Subpart M—The 76–81 GHz Band 

Radar Service 

Administrative Rules 

Sec. 

95.3301 Scope. 

95.3303 Definitions, the 76–81 GHz Band 

Radar Service. 

95.3305 Radar operator eligibility in the 76– 

81 GHz Band. 

Operating Rules 

95.3331 Permissible 76–81 GHz Band Radar 

Service uses. 

95.3333 Airborne use of 76–81 GHz Band 

Radar Service is prohibited. 

95.3347 76–81 GHz Band Radar Service 

automatic control. 

Technical Rules 

95.3361 Certification. 

95.3367 76–81 GHz Band Radar Service 

radiated power limits. 

95.3379 76–81 GHz Band Radar Service 

unwanted emissions limits. 

95.3385 76–81 GHz Band Radar Service RF 

exposure evaluation. 

Subpart M—The 76–81 GHz Band 

Radar Service 

Administrative Rules 

§ 95.3301 Scope. 

This subpart sets out the regulations 

that apply to radar systems operating in 

the 76–81 GHz band. This subpart does 

not apply to Level Probing Radars that 

operate under part 15 of this title. 

§ 95.3303 Definitions, the 76–81 GHz Band 

Radar Service. 

(a) Air operations area. See § 87.5 of 

this chapter. 

(b) Field disturbance sensor. See 

§ 15.5(l) of this chapter. 

(c) Foreign object debris (FOD) 

detection radar. A radar device 

designed to detect foreign object debris 

in airport air operations areas and to 

monitor aircraft as well as service 

vehicles on taxiways, and other airport 

vehicle service areas that have no public 

vehicle access. 

(d) Radar. See § 2.1(c) of this chapter. 

§ 95.3305 Radar operator eligibility in the 

76–81 GHz Band. 

Subject to the requirements of 

§§ 95.305 and 95.307, any person is 

eligible to operate a radar in the 76–81 

GHz band without an individual 

license; such operation must comply 

with all applicable rules in this subpart. 

Operating Rules 

§ 95.3331 Permissible 76–81 GHz Band 

Radar Service uses. 

Radar systems operating in the 76–81 

GHz band may operate as vehicular 

radars, or as fixed or mobile radars in 

airport air operations areas, including 

but not limited to FOD detection radars 

and aircraft-mounted radars for ground 

use only. 


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43872 Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations 

§ 95.3333 Airborne use of 76–81 GHz Band 

Radar Service is prohibited. 

Notwithstanding the provisions of 

§ 95.3331, 76–81 GHz Band Radar 

Service is prohibited aboard aircraft in 

flight. Aircraft-mounted radars shall be 

equipped with a mechanism that will 

prevent operations once the aircraft 

becomes airborne. 

§ 95.3347 76–81 GHz Band Radar Service 

automatic control. 

Notwithstanding the provisions of 

§ 95.347, 76–81 GHz Band Radar Service 

operations may be conducted under 

manual or automatic control. 

Technical Rules 

§ 95.3361 Certification. 

Radar equipment operating in the 76– 

81 GHz band shall be certificated in 

accordance with this subpart and 

subpart J of part 2 of this chapter. 

§ 95.3367 76–81 GHz Band Radar Service 

radiated power limits. 

The fundamental radiated emission 

limits within the 76–81 GHz band are 

expressed in terms of Equivalent 

Isotropically Radiated Power (EIRP) and 

are as follows: 

(a) The maximum power (EIRP) 

within the 76–81 GHz band shall not 

exceed 50 dBm based on measurements 

employing a power averaging detector 

with a 1 MHz Resolution Bandwidth 

(RBW). 

(b) The maximum peak power (EIRP) 

within the 76–81 GHz band shall not 

exceed 55 dBm based on measurements 

employing a peak detector with a 1 MHz 

RBW. 

§ 95.3379 76–81 GHz Band Radar Service 

unwanted emissions limits. 

(a) The power density of any 

emissions outside the 76–81 GHz band 

shall consist solely of spurious 

emissions and shall not exceed the 

following: 

(1) Radiated emissions below 40 GHz 

shall not exceed the field strength as 

shown in the following emissions table. 

Frequency 

(MHz) 

Field strength 

(microvolts/ 

meter) 

Measurement 

distance 

(meters) 

0.009– 

0.490 ..... 2400/F(kHz) 300 

0.490– 

1.705 ..... 24000/F(kHz) 30 

1.705–30.0 30 30 

30–88 ........ 100 3 

88–216 ...... 150 3 

216–960 .... 200 3 

Above 960 500 3 

(i) In the emissions table in paragraph 

(a)(1) of this section, the tighter limit 

applies at the band edges. 

(ii) The limits in the table in 

paragraph (a)(1) of this section are based 

on the frequency of the unwanted 

emissions and not the fundamental 

frequency. However, the level of any 

unwanted emissions shall not exceed 

the level of the fundamental frequency. 

(iii) The emissions limits shown in 

the table in paragraph (a)(1) of this 

section are based on measurements 

employing a CISPR quasi-peak detector 

except for the frequency bands 9.0–90.0 

kHz, 110.0–490.0 kHz, and above 1000 

MHz. Radiated emissions limits in these 

three bands are based on measurements 

employing an average detector with a 1 

MHz RBW. 

(2) The power density of radiated 

emissions outside the 76–81 GHz band 

above 40.0 GHz shall not exceed the 

following, based on measurements 

employing an average detector with a 1 

MHz RBW: 

(i) For radiated emissions outside the 

76–81 GHz band between 40 GHz and 

200 GHz from field disturbance sensors 

and radar systems operating in the 76– 

81 GHz band: 600 pW/cm2 at a distance 

of 3 meters from the exterior surface of 

the radiating structure. 

(ii) For radiated emissions above 200 

GHz from field disturbance sensors and 

radar systems operating in the 76–81 

GHz band: 1000 pW/cm2 at a distance 

of 3 meters from the exterior surface of 

the radiating structure. 

(3) For field disturbance sensors and 

radar systems operating in the 76–81 

GHz band, the spectrum shall be 

investigated up to 231.0 GHz. 

(b) Fundamental emissions must be 

contained within the frequency bands 

specified in this section during all 

conditions of operation. Equipment is 

presumed to operate over the 

temperature range ¥20 to +50 degrees 

Celsius with an input voltage variation 

of 85% to 115% of rated input voltage, 

unless justification is presented to 

demonstrate otherwise. 

§ 95.3385 76–81 GHz Band Radar Service 

RF exposure evaluation. 

Regardless of the power density levels 

permitted under this subpart, devices 

operating under the provisions of this 

subpart are subject to the 

radiofrequency radiation exposure 

requirements specified in §§ 1.1307(b), 

2.1091, and 2.1093 of this chapter, as 

appropriate. Applications for equipment 

authorization of devices operating under 

this section must contain a statement 

confirming compliance with these 

requirements for both fundamental 

emissions and unwanted emissions. 

Technical information showing the 

basis for this statement must be 

submitted to the Commission upon 

request. 

PART 97—AMATEUR RADIO SERVICE 

■ 17. The authority citation for part 97 

continues to read as follows: 

Authority: 48 Stat. 1066, 1082, as 

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

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

amended; 47 U.S.C. 151–155, 301–609, 

unless otherwise noted. 

■ 18. Amend § 97.303 by revising 

paragraphs (c) and (f) and removing and 

reserving paragraph (s) to read as 

follows: 

§ 97.303 Frequency sharing requirements. 

* * * * * 

(c) Amateur stations transmitting in 

the 76–81 GHz segment, the 136–141 

GHz segment, or the 241–248 GHz 

segment must not cause harmful 

interference to, and must accept 

interference from, stations authorized by 

the United States Government, the FCC, 

or other nations in the radiolocation 

service. 

* * * * * 

(f) Amateur stations transmitting in 

the following segments must not cause 

harmful interference to radio astronomy 

stations: 3.332–3.339 GHz, 3.3458– 

3.3525 GHz, 76–81 GHz, 136–141 GHz, 

241–248 GHz, 275–323 GHz, 327–371 

GHz, 388–424 GHz, 426–442 GHz, 453– 

510 GHz, 623–711 GHz, 795–909 GHz, 

or 926–945 GHz. In addition, amateur 

stations transmitting in the following 

segments must not cause harmful 

interference to stations in the Earth 

exploration-satellite service (passive) or 

the space research service (passive): 

275–277 GHz, 294–306 GHz, 316–334 

GHz, 342–349 GHz, 363–365 GHz, 371– 

389 GHz, 416–434 GHz, 442–444 GHz, 

496–506 GHz, 546–568 GHz, 624–629 

GHz, 634–654 GHz, 659–661 GHz, 684– 

692 GHz, 730–732 GHz, 851–853 GHz, 

or 951–956 GHz. 

* * * * * 

(s) [Reserved] 

* * * * * 

■ 19. Amend § 97.313 by adding 

paragraph (m) to read as follows: 

§ 97.313 Transmitter power standards. 

* * * * * 

(m) No station may transmit with a 

peak equivalent isotropically radiated 

power (EIRP) exceeding 316 W in the 

76–81 GHz (4 mm) band. 

[FR Doc. 2017–18463 Filed 9–19–17; 8:45 am] 

BILLING CODE 6712–01–P 


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