[Federal Register Volume 82, Number 181 (Wednesday, September 20, 2017)]
[Rules and Regulations]
[Pages 43865-43872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18463]



[[Page 43865]]

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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 
non-vehicular fixed and mobile radars used at airports to operate in 
the entire 76-81 GHz band on an interference-protected basis. Access to 
the entire 76-81 GHz band is intended to provide sufficient spectrum 
bandwidth to enable the deployment of wideband high-precision 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 aircraft-mounted 
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 Sec.  
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, <a href="/cdn-cgi/l/email-protection#0e4661796f7c6a20497c676c6168684e686d6d20696178"><span class="__cf_email__" data-cfemail="3971564e584b5d177e4b505b565f5f795f5a5a175e564f">[email protected]</span></a>, or Patrick Forster (Technical) at (202) 
418-7061, <a href="/cdn-cgi/l/email-protection#0d5d6c797f646e66234b627f7e79687f4d6b6e6e236a627b"><span class="__cf_email__" data-cfemail="c696a7b2b4afa5ade880a9b4b5b2a3b486a0a5a5e8a1a9b0">[email protected]</span></a>, 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 <a href="/cdn-cgi/l/email-protection#375154540207037751545419505841"><span class="__cf_email__" data-cfemail="aec8cdcd9b9e9aeec8cdcd80c9c1d8">[email protected]</span></a> 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 Sec.  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:
    <bullet> 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.
    <bullet> Allowed vehicular radars and certain non-vehicular fixed 
and mobile radars used at airports to operate in the entire 76-81 GHz 
band.
    <bullet> Consolidated radar operations in the 76-81 GHz band under 
part 95 of the Commission's rules to be licensed-by-rule and protected 
from interference with the same technical parameters as currently 
specified for 76-77 GHz radars in part 15 of the rules.
    <bullet> 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.
    <bullet> 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

[[Page 43866]]

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 Sec.  15.252 to operate in 
the 23.12-29 GHz and ultra-wideband (UWB) radars authorized under Sec.  
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 Sec. Sec.  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 Sec. Sec.  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

[[Page 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 aircraft-mounted 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 aircraft-mounted 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-by-rule 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 Sec.  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

[[Page 43868]]

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

0
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.


0
2. Amend Sec.  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:


Sec.  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 Sec. Sec.  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 Sec. Sec.  
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

0
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.


0
4. Amend Sec.  2.106, the Table of Frequency Allocations, as follows:
0
a. Revise page 62.

0
b. Under ``International Footnotes,'' add, in numerical order, footnote 
5.559B.
    The revision and addition read as follows:


Sec.  2.106   Table of Frequency Allocations.

* * * * *
BILLING CODE 6712-01-P

[[Page 43869]]

[GRAPHIC] [TIFF OMITTED] TR20SE17.002

BILLING CODE 6712-01-C
* * * * *

[[Page 43870]]

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)
* * * * *

0
5. Amend Sec.  2.1091 by revising paragraphs (c)(1) introductory text 
and (c)(2) to read as follows:


Sec.  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 
Sec. Sec.  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 Sec.  2.1093(b) requiring evaluation under the provisions 
of that section.
* * * * *

0
6. Amend Sec.  2.1093 by revising paragraph (c)(1) to read as follows:


Sec.  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 Sec. Sec.  
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

0
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.


0
8. Amend Sec.  15.37 by adding paragraphs (l) through (p) to read as 
follows:


Sec.  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 Sec.  15.252 and ultra-wideband 
vehicular radars designed to operate in the 22-29 GHz band under Sec.  
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 Sec.  15.252 and/or in the 22-29 
GHz band under Sec.  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 Sec.  15.252 and/or in the 22-29 GHz band under Sec.  
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 Sec.  15.252 and/or in the 22-29 GHz band under 
Sec.  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.

0
9. Amend Sec.  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)

[[Page 43871]]

and (3), and adding paragraph (d) to read as follows:


Sec.  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 Sec.  15.37(l) 
through (n).


Sec.  15.253   [Removed and Reserved]

0
10. Remove and reserve Sec.  15.253.

0
11. Amend Sec.  15.515 by adding paragraph (h) to read as follows:


Sec.  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 Sec.  15.37(l) through (n).

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
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.


Sec.  90.103   [Amended]

0
13. Amend Sec.  90.103 by removing the entry ``78,000-81,000'' in the 
table in paragraph (b).

PART 95--PERSONAL RADIO SERVICES

0
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).


0
15. Revise Sec.  95.347 to read as follows:


Sec.  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., Sec. Sec.  95.1747, 95.2347, 95.2547, 95.3347.

0
16. Add subpart M, consisting of Sec. Sec.  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


Sec.  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.


Sec.  95.3303   Definitions, the 76-81 GHz Band Radar Service.

    (a) Air operations area. See Sec.  87.5 of this chapter.
    (b) Field disturbance sensor. See Sec.  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 Sec.  2.1(c) of this chapter.


Sec.  95.3305   Radar operator eligibility in the 76-81 GHz Band.

    Subject to the requirements of Sec. Sec.  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


Sec.  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.

[[Page 43872]]

Sec.  95.3333   Airborne use of 76-81 GHz Band Radar Service is 
prohibited.

    Notwithstanding the provisions of Sec.  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.


Sec.  95.3347   76-81 GHz Band Radar Service automatic control.

    Notwithstanding the provisions of Sec.  95.347, 76-81 GHz Band 
Radar Service operations may be conducted under manual or automatic 
control.

Technical Rules


Sec.  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.


Sec.  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.


Sec.  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.

------------------------------------------------------------------------
                                          Field strength    Measurement
             Frequency (MHz)               (microvolts/      distance
                                              meter)         (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/cm\2\ 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/
cm\2\ 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.


Sec.  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 Sec. Sec.  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

0
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.

0
18. Amend Sec.  97.303 by revising paragraphs (c) and (f) and removing 
and reserving paragraph (s) to read as follows:


Sec.  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]
* * * * *

0
19. Amend Sec.  97.313 by adding paragraph (m) to read as follows:


Sec.  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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