Use of Radio Frequencies Above 40 GHz for New Radio Applications

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 15

[ET Docket No. 94-124; FCC 94-273]

Use of Radio Frequencies Above 40 GHz for New Radio Applications

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This Notice of Proposed Rule Making (Notice) proposes to open

for commercial development and use a portion of the ``millimeter wave''

frequency bands above 40 GHz. This proposal is necessary because the

existing FCC rules generally do not permit operation above 40 GHz.

Recent advances in technology indicate that commercial use of these

frequencies is feasible. The Commission believes the proposals set

forth in the Notice will stimulate new applications of radio technology

for the American public, facilitate technology transfer from the

military sector, and create opportunities for economic growth and jobs.

DATES: Comments must be submitted on or before January 30, 1995 and

reply comments on or before March 1, 1995.

ADDRESSES: Federal Communications Commission, 1919 M Street, N.W.,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Please send an electronic mail message

via the internet to [email protected], or contact either Dr. Michael J.

Marcus, Office of Engineering and Technology, (202) 653-8110 or Richard

Engelman, Office of Engineering and Technology, at (202) 653-6289.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice

of Proposed Rule Making in ET Docket No. 94-124, FCC 94-273, adopted

October 20, 1994, and released November 8, 1994. The full text of this

decision is available for inspection and copying during normal business

hours in the FCC Dockets Branch (Room 230), 1919 M Street, N.W.,

Washington, DC. The complete text of this decision also may be

purchased from the Commission's duplicating contractor, International

Transcription Services, Inc., at (202) 857-3800, 2100 M Street, N.W.,

Suite 140, Washington, DC 20037.

Synopsis of Notice of Proposed Rule Making

1. The Commission is proposing to open for commercial development

and use a portion of the millimeter wave frequency bands above 40 GHz.

In particular, the Commission proposes to make available a total of 16

GHz of spectrum in the frequency range between 47.2 and 153 GHz on a

shared basis with existing and future government users. The Commission

also proposes to make available 2 GHz of Spectrum in the 40.5-42.5 GHz

band for non-government users.

2. These new frequency bands will permit the development of short-

range wireless radio systems with communications capacities approaching

that now achievable only with coaxial and optical fiber cable. Such

systems could support many short-range applications that require very

high bandwidth or data transfer rates. Uses could include applications

involving the National Information Infrastructure (NII); educational or

medical applications such as remote wireless access to libraries or

other informational databases; and non-communications uses such as

automobile radar systems to avoid collisions. The proposed rules

provide for the operation of such systems on both a licensed and an

unlicensed basis. The Commission is also proposing technical standards

for millimeter wave band equipment and operation.

3. All of the spectrum above 40 GHz, with the exception of the

40.5-42.5 GHz band, several Amateur Radio Service allocations, and a

Government satellite allocation, is allocated on a shared basis to

government and non-government use, and most of the bands that the

Commission is proposing to open for commercial use will continue to be

available for existing and future government use. Thus, in cooperation

with the Department of Commerce's National Telecommunications

Information Administration (NTIA), the Commission is proposing twelve

frequency bands in the region of the spectrum from 47 GHz to 153 GHz

for potential use by new millimeter wave technologies. These frequency

bands are: 47.2-48.2 GHz, 59.0-64.0 GHz, 71.0-72.0 GHz, 76.0-77.0 GHz,

84.0-85.0 GHz, 94.7-95.7 GHz, 103.0-104.0 GHz, 116.0-117.0 GHz, 122.0-

123.0 GHz, 126.0-127.0 GHz, 139.0-140.0 GHz, and 152.0-153.0 GHz. The

Commission is also proposing to permit commercial use in the 40.5-42.5

GHz band which is already allocated entirely to nongovernment use.

4. The Commission is tentatively proposing an approximately even

division of available spectrum between licensed and unlicensed users,

with unlicensed users further divided between general unlicensed

devices and unlicensed vehicular radar systems.

5. The extremely limited propagation range of the 59-64 GHz-band,

as well as higher millimeter wave frequency bands, suggests that major

portions of those bands be designated for general use by unlicensed

devices. Therefore, the Commission is proposing to provide the

following frequency bands for unlicensed operations under Part 15 of

our rules: 59-64 GHz, 71.5-72.0 GHz, 84.5-85.0 GHz, 103.5-104.0 GHz,

116.5-117.0 GHz, 122.5-123.0 GHz, 126.5-127.0 GHz, and 152.5-153.0 GHz.

This would provide 3.5 GHz in seven of the frequency bands and 5 GHz in

an eighth band, for a total of 8.5 GHz for general unlicensed

operations.

6. Based on the demand for licensed services below 40 GHz, the

Commission is proposing to designate all of the 40.5-42.5 GHz band and

virtually all of the 47.2-48.2 GHz band for licensed use, except for a

small portion that would be designated for vehicular radar use.

Similarly, the Commission is proposing that portions of the bands above

64 GHz that are not designated for vehicular radar use be designated

for licensed use. In particular, the Commission is proposing to provide

spectrum for licensed services in each of the following bands: 40.5-

42.5 GHz, 47.4-48.2 GHz, 71.0-71.5 GHz, 84.0-84.5 GHz, 103.0-103.5 GHz,

116.0-116.5 GHz, 122.0-122.5 GHz, 126.0-126.5 GHz and 152.0-152.5 GHz.

The Notice proposed that the licensing rules be contained in 47 CFR

Part 21 and that the rules be similar to those proposed in Notice of

Proposed Rulemaking, Order, Tentative Decision and Order on

Reconsideration, CC Docket No. 92-297, 58 FR 6400.

7. The Commission is proposing to designate three of the millimeter

wave bands, as well as part of the fourth band, for use by vehicular

radar systems. These bands are: 47.2-47.4 GHz, 76.0-77.0 GHz, 94.7-95.7

GHz, and 139.0-140.0 GHz.

8. The Initial Regulatory Flexibility Analysis is contained in the

text of the Notice.

9. Pursuant to applicable procedures set forth in Sections 1.415

and 1.419 of the Commission's Rules, 47 CFR Sections 1.415 and 1.419,

interested parties may file comments on or before January 30, 1995 and

reply comments on or before March 1, 1995. To file formally in this

proceeding, you must file an original and four copies of all comments,

reply comments, and supporting comments. If you want each Commissioner

to receive a personal copy of your comments, you must file an original

plus nine copies. You should send comments and reply comments to Office

of the Secretary, Federal Communications Commission, Washington, D.C.

20554. Comments and reply comments will be available for public

inspection during regular business hours in the FCC Reference Center,

Room 239, 1919 M Street, N.W., Washington, D.C. 20554.

10. This is a non-restricted notice and comment rule making

proceeding. Ex parte presentations are permitted, except during the

Sunshine Agenda period, provided they are disclosed as provided in the

Commission's Rules. See generally 47 CFR Sections 1.1202, 1.1203, and

1.1206(a).

11. For further information on this proceeding please send an

electronic mail message via the internet to [email protected], or contact

either Dr. Michael J. Marcus, Office of Engineering and Technology,

(202) 653-8110 or Richard Engelman, Office of Engineering and

Technology, at (202) 653-6289.

List of Subjects

47 CFR Part 2

Communications equipment, Radio.

47 CFR Part 15

Communications equipment, Highway safety, Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Amendatory Text

Title 47 of the Code of Federal Regulations, Parts 2 and 15, are

proposed to be amended as follows:

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

RULES AND REGULATIONS

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

Authority: Sec. 4, 302, 303, and 307 of the Communications Act

of 1934, as amended, 47 U.S.C. Sections 154, 154(i), 302, 303,

303(r), and 307, unless otherwise noted.

2. In Sec. 2.106, in the 76-81 GHz band revise columns 4 and 6, and

in the 40.5-42.5 GHz, 47.2-50.2 GHz, 59-64 GHz, 71-74 GHz, 84-86 GHz,

92-95 GHz, 95-100 GHz, 102-105 GHz, 116-126 GHz, 126-134 GHz, 134-142

GHz, and 151-164 GHz bands, revise column 6, to read as follows:

Sec. 2.106 Table of frequency allocations.

* * * * *

International table United States table FCC use designators

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Government Non-government

Region 1-allocation Region 2-allocation Region 3-allocation -------------------------------------------- Rule part(s) Special-use

GHz GHz GHz Allocation GHz Allocation GHz frequencies

(1) (2) (3) (4) (5) (6) (7)

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

* * * * * * *

40.5-42.5 BROADCASTING- .................... 40.5-42.5 40.5-42.5 DOMESTIC PUBLIC

SATELLITE. BROADCASTING- FIXED (21)

/BROADCASTING./ SATELLITE.

Fixed. /BROADCASTING./

Mobile Fixed.

Mobile

.................... .................... US211 US211 .................... ....................

* * * * * * *

47.2-50.2 FIXED. .................... 47.2-50.2 47.2-50.2 RADIO FREQUENCY

FIXED-SATELLITE FIXED FIXED DEVICES (15)

(Earth-to-space) FIXED-SATELLITE FIXED-SATELLITE DOMESTIC PUBLIC

901. (Earth-to-space) (Earth-to-space) FIXED (21)

MOBILE 905 MOBILE MOBILE

904 904 US264 US297 904 US264 US297

* * * * * * *

59-64 FIXED .................... 59-64. 59-64. RADIO FREQUENCY

INTER-SATELLITE FIXED FIXED DEVICES (15)

MOBILE 909 INTER-SATELLITE INTER-SATELLITE

RADIOLOCATION MOBILE 909 MOBILE 909

910 RADIOLOCATION RADIOLOCATION

911 910 910

911 911

* * * * * * *

71-74 FIXED .................... 71-74 71-74 DOMESTIC PUBLIC

FIXED-SATELLITE FIXED FIXED FIXED (21)

(Earth-to-space) FIXED-SATELLITE FIXED-SATELLITE RADIO FREQUENCY

MOBILE (Earth-to-space) (Earth-to-space) DEVICES (15)

MOBILE-SATELLITE MOBILE MOBILE

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

906 (Earth-to-space) (Earth-to-space)

US 270 US 270

* * * * * * *

76-81 RADIOLOCATION .................... 76-81 76-81 RADIO FREQUENCY

Amateur RADIOLOCATION RADIOLOCATION DEVICES (15)

Amateur-Satellite Space Research Amateur Amateur (97)

912 (space-to-Earth) Amateur-Satellite

912 912

* * * * * * *

84-86 FIXED .................... 84-86 84-86 FIXED DOMESTIC PUBLIC

MOBILE FIXED MOBILE BROADCASTING FIXED (21)

BROADCASTING MOBILE BROADCASTING- RADIO FREQUENCY

BROADCASTING SATELLITE DEVICES (15)

SATELLITE

913

.................... .................... 913US211 913US211 .................... ....................

* * * * * * *

92-95 FIXED .................... 92-95 92-95 RADIO FREQUENCY

FIXED-SATELLITE FIXED FIXED DEVICES (15)

(Earth-to-space) FIXED-SATELLITE FIXED-SATELLITE

MOBILE (Earth-to-space) (Earth-to-space)

RADIOLOCATION MOBILE MOBILE

914 RADIOLOCATION RADIOLOCATION

914 914

95-100 MOBILE 902 .................... 95-100 95-100 RADIO FREQUENCY

MOBILE-SATELLITE MOBILE 902 MOBILE 902 DEVICES (15)

RADIONAVIGATION MOBILE-SATELLITE MOBILE-SATELLITE

RADIONAVIGATION RADIONAVIGATION RADIONAVIGATION

SATELLITE RADIONAVIGATION- RADIONAVIGATION-

Radiolocation. SATELLITE SATELLITE

903904 Radiolocation Radiolocation

.................... .................... 903904 903904 .................... ....................

* * * * * * *

102-105 FIXED .................... 102-105 102-105 DOMESTIC PUBLIC

FIXED-SATELLITE FIXED FIXED FIXED (21)

(space-to-Earth) FIXED-SATELLITE FIXED-SATELLITE RADIO FREQUENCY

722 (space-to-Earth) (space-to-Earth) DEVICES (15)

.................... .................... 722US211 722US211 .................... ....................

* * * * * * *

116-126 EARTH EXPLORATION- .................... 116-126 116-126 DOMESTIC PUBLIC ....................

SATELLITE (passive) EARTH EXPLORATION- EARTH EXPLORATION- FIXED (21) 122.5 GHz 500 MHz;

INTER-SATELLITE FIXED FIXED DEVICES (15) Industrial,

MOBILE 909 INTER-SATELLITE INTER-SATELLITE scientific and

MOBILE. 909 MOBILE. 909 medical frequency.

SPACE RESEARCH SPACE RESEARCH

(passive) (passive)

722915916 .................... 722915916US211US263 722915916US211US263 .................... ....................

126-134 FIXED .................... 126-134 126-134 DOMESTIC PUBLIC ....................

INTER-SATELLITE FIXED FIXED FIXED (21)

MOBILE 909 INTER-SATELLITE INTER-SATELLITE RADIO FREQUENCY

RADIOLOCATION MOBILE. 909 MOBILE. 909 DEVICES (15)

910 RADIOLOCATION RADIOLOCATION

910 910

134-142 MOBILE 902 .................... 134-142 134-142 RADIO FREQUENCY

MOBILE-SATELLITE MOBILE 902 MOBILE 902 DEVICES (15)

RADIONAVIGATION- MOBILE-SATELLITE MOBILE-SATELLITE

SATELLITE RADIONAVIGATION RADIONAVIGATION

Radiolocation RADIONAVIGATION- RADIONAVIGATION-

SATELLITE SATELLITE

Radiolocation

903917918 .................... 903917918 903917918 .................... ....................

* * * * * * *

151-164 FIXED .................... 151-164 151-164 DOMESTIC PUBLIC ....................

FIXED-SATELLITE FIXED FIXED FIXED (21)

(space-to-Earth) FIXED-SATELLITE FIXED-SATELLITE RADIO FREQUENCY

DEVICES (15)

.................... .................... 211 211 .................... ....................

* * * * * * *

3. Section 2.997 is revised to read as follows:

Sec. 2.997 Frequency spectrum to be investigated.

(a) In all of the measurements set forth in Secs. 2.991 and 2.993,

the spectrum shall be investigated from the lowest radio frequency

signal generated in the equipment, without going below 9 kHz, up to at

least the frequency shown below:

(1) If the equipment operates below 10 GHz: to the tenth harmonic

of the highest fundamental frequency or to 40 GHz, whichever is lower.

(2) If the equipment operates at or above 10 GHz and below 30 GHz:

to the fifth harmonic of the highest fundamental frequency or to 100

GHz, whichever is lower.

(3) If the equipment operates at or above 30 GHz: to the fifth

harmonic of the highest fundamental frequency or to 200 GHz, whichever

is lower.

(b) Particular attention should be paid to harmonics and

subharmonics of the carrier frequency as well as those frequencies

removed from the carrier by multiples of the oscillator frequency.

Radiation at the frequencies of multiplier stages should also be

checked.

(c) The amplitude of spurious emissions which are attenuated more

than 20 dB below the permissible value need not be reported.

(d) Unless otherwise specified, measurements above 40.5 GHz shall

be performed using a minimum resolution bandwidth of 1 MHz.

PART 15--RADIO FREQUENCY DEVICES

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

Authority: Sec. 4, 302, 303, 304, and 307 of the Communications

Act of 1934, as amended, 47 U.S.C. Sections 154, 302, 303, 304, and

307.

2. Section 15.33 is amended by revising paragraph (a) to read as

follows:

Sec. 15.33 Frequency range of radiated measurements.

(a) For an intentional radiator, the spectrum shall be investigated

from the lowest radio frequency signal generated in the device, without

going below 9 kHz, up to at least the frequency shown below:

(1) If the intentional radiator operates below 10 GHz: to the tenth

harmonic of the highest fundamental frequency or to 40 GHz, whichever

is lower.

(2) If the intentional radiator operates at or above 10 GHz and

below 30 GHz: to the fifth harmonic of the highest fundamental

frequency or to 100 GHz, whichever is lower.

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

fifth harmonic of the highest fundamental frequency or to 200 GHz,

whichever is lower.

(4) If the intentional radiator contains a digital device,

regardless of whether this digital device controls the functions of the

intentional radiator or the digital device is used for additional

control or function purposes other than to enable the operation of the

intentional radiator, the frequency range shall be investigated up to

the range specified in paragraphs (a)(1) through (a)(3) of this section

or the range applicable to the digital device, as shown in paragraph

(b)(1) of this section, whichever is the higher frequency range of

investigation.

* * * * *

3. Section 15.35 is amended by revising paragraph (b) to read as

follows:

Sec. 15.35 Measurement detector functions and bandwidths.

* * * * *

(b) On any frequency or frequencies above 1000 MHz, unless

otherwise stated, the radiated limits shown are based on the use of

measurement instrumentation employing an average detector functions.

When average radiated emission measurements are specified in the

regulations, including emission measurements below 1000 MHz, there is

also a limit on the radio frequency emissions, as measured using

instrumentation with a peak detector function, corresponding to 20 dB

above the maximum permitted average limit for the frequency being

investigated. Unless otherwise specified, measurements above 1000 MHz

shall be performed using a minimum resolution bandwidth of 1 MHz.

Measurements of AC power line conducted emissions are performed using a

CISPR quasi-peak detector, even for devices for which average radiated

emission measurements are specified.

* * * * *

4. Section 15.205 is amended by adding a new paragraph (d)(4) to

read as follows:

Sec. 15.205 Restricted bands of operation.

* * * * *

(d) * * *

(4) Any equipment operated under the provisions of Sec. 15.253.

* * * * * *

5. A new Sec. 15.253 is added to read as follows:

Sec. 15.253 Operation within the bands 47.2-47.4 GHz, 59.0-64.0 GHz,

71.5-72.0 GHz, 76.0-77.0 GHz, 84.5-85.0 GHz, 94.7-95.7 GHz, 103.5-104.0

GHz, 116.5-117.0 GHz, 122.5-123.0 GHz, 126.5-127.0 GHz, 139.0-140.0 GHz

and 152.5-153.0 GHz.

(a) Operation under the provisions of this section is not permitted

on aircraft.

(b) Operation within the bands 47.2-47.4 GHz, 76.0-77.0 GHz, 94.7-

95.7 GHz and 139.0-140.0 GHz is restricted to devices whose primary

mode of operation is as a vehicular-mounted field disturbance sensor.

The transmission of additional information, such as data, is permitted

provided the primary mode of operation is as a vehicular-mounted field

disturbance sensor.

(c) The radiated emission limits above 47.2 GHz are as follows:

(1) The power density of any emission within the bands specified in

this section shall not exceed 200 nanowatts/square centimeter at 3

meters, except that the power density of any transmitter used as a

field disturbance sensor pursuant to paragraph (b) of this section

shall not exceed 30 microwatts/square centimeter at 3 meters when the

vehicle is moving at a minimum rate of one kilometer/hour.

(2) The power density of any emissions outside the bands specified

in this section shall not exceed 2 picowatts/square centimeter at 3

meters.

(3) 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.

(4) The limits in this paragraph are based on instrumentation

employing an average detector.

(d) Radiated emissions below 47.2 GHz shall not exceed the general

limits in Sec. 15.209. The provisions in Sec. 15.35 for averaging

pulsed emissions and for limiting peak emissions apply. Further, the

provisions in Sec. 15.205 that limit spurious emissions appearing in

the restricted bands below 40 GHz also apply.

[FR Doc. 94-29193 Filed 11-29-94; 8:45 am]

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