Dedicated Short Range Communications of Intelligent Transportation Services

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 90

[ET Docket No. 98-95; FCC 98-119]

Dedicated Short Range Communications of Intelligent

Transportation Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission is proposing to allocate 75 megahertz of

spectrum for use by Dedicated Short Range Communications (``DSRC'') of

Intelligent Transportation Systems (``ITS''). DSRC systems are being

designed that require a short range, wireless link to transfer

information between vehicles and roadside systems. ITS services are

expected to improve traveler safety, decrease traffic congestion, and

facilitate reduction of air pollution and conservation of fossil fuels.

This action furthers the goals of the U.S. Congress, Department of

Transportation and the ITS industry to improve the efficiency of the

Nation's transportation infrastructure and to facilitate the growth of

the ITS industry.

DATES: Comments are due September 14, 1998, reply comments are due

October 13, 1998.

FOR FURTHER INFORMATION CONTACT: Tom Derenge, Office of Engineering and

Technology, (202) 418-2451.

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

of Proposed Rule Making, ET Docket 98-95, FCC 98-119, adopted June 11,

1998, and released June 11, 1998 . The full text of this Commission

decision is available for inspection and copying during normal business

hours in the FCC Reference Center (Room 239), 1919 M Street, N.W.,

Washington, D.C., and also may be purchased from the Commission's

duplication contractor, International Transcription Service, (202) 857-

3800, 1231 20th Street, N.W. Washington, D.C. 20036.

Summary of the Notice of Proposed Rule Making

1. On May 19, 1997, the Intelligent Transportation Society of

America (``ITS America'') filed a Petition for Rulemaking

(``Petition'') requesting that the Commission allocate 75 megahertz of

spectrum in the 5.850-5.925 GHz band on a co-primary basis for DSRC-

based ITS services. The Petition states that DSRC links are needed for

eleven ITS user services and places DSRC needs into three categories:

current DSRC applications; emerging DSRC applications; and future DSRC

applications.

2. The 5.850-5.925 GHz band is allocated internationally on a

primary basis for Fixed Services, Fixed Satellite Service (``FSS'')

Earth-to-space links (``uplinks''), and Mobile Services. Additionally,

in Region 2, this band is allocated on a secondary basis to the Amateur

Radio Service and the Radiolocation Service. Finally, the 5.850-5.875

GHz segment is designated internationally for industrial, scientific

and medical (``ISM'') applications. Domestically, the entire band is

currently allocated on a co-primary basis for the Government's

Radiolocation Service (i.e., for use by high-powered military radar

systems) and for non-Government FSS uplink operations. ISM devices and

unlicensed part 15 devices are also permitted to operate in the 5.850-

5.875 GHz segment. Finally, the Amateur Radio Service has a secondary

domestic allocation in the entire band.

3. We propose to allocate 75 megahertz of spectrum, at 5.850-5.925

GHz, to the Mobile Service and to designate its use for DSRC

operations. We tentatively conclude that this significant amount of

proposed spectrum would further the goals of the National ITS program

and encourage the development of advanced technologies to increase the

safety and efficiency of the national transportation infrastructure

well into the future. Additionally, a 75 megahertz allocation should

enable avoidance of occupied frequencies in areas where incumbent use

is heavy and should be sufficient to meet the spectrum demands of

future DSRC operations, such as Automated Highway Systems, which could

require several dedicated wideband channels to ensure reliability. We

request comment on whether this proposed allocation is excessive given

that efficient spectrum use techniques exist and our goal of promoting

spectrum efficiency. We welcome alternative suggestions for an

allocation for DSRC.

4. We believe that spectrum sharing between FSS and DSRC operations

may be possible. However, we seek comment on the likely future needs

for this spectrum for FSS earth stations. In this regard, we note that

given the much higher power of FSS operations and the relatively low

power of DSRC operations, individual DSRC operations are unlikely to

cause harmful interference to incumbent FSS satellite operations. We

also do not expect that DSRC devices in the aggregate would negatively

impact existing or future FSS operations, particularly given that there

are several other potentially significant contributors to the overall

noise level in this band, such as government radars and ISM devices. We

request comment on this preliminary assessment. We also seek comment on

what, if any, effects the widespread deployment of DSRC devices could

have on future development of FSS operations in this band. In this

regard, we observe that widespread deployment of mobile devices,

including devices with potential public safety uses, could make it more

difficult to coordinate new FSS operations. We also seek comment on

whether there are any instances in which DSRC services might be

unacceptably impaired by FSS operations. We seek comment on whether

terrain shielding, directional antennas, RF fencing and other

techniques can be employed by DSRC operators to avoid receiving or

causing interference. Alternatively, should interference situations

arise where the two services are not compatible in a specific area or

over a range of frequencies, we request comment on the feasibility of

relocating the FSS operations to other geographic areas or frequency

bands using the principles outlined in the Emerging Technologies

[[Page 35559]]

rulemaking. That is, if the DSRC licensee needs spectrum used by an FSS

licensee, the DSRC entity would be responsible for the expense of

modifying the FSS uplink to another location or frequency and ensuring

that the FSS entity is able to achieve comparable operations.

5. Unlicensed low power operations in the 5.850-5.875 GHz segment

may be affected by this potential allocation. Although unlicensed

devices have no allocation status and are not protected by our rules,

we believe that the provision of hearing assistance devices to those

with disabilities is a valuable service in the public interest. At

present, any mobile part 15 hearing assistance device operating in the

5.850-5.875 GHz band could encounter interference problems from various

higher powered incumbent operations such as Government radar

operations, FSS and ISM operations. Therefore, we request comment on

whether the 5.850-5.875 GHz segment is currently being used for hearing

assistance device operations, the likelihood of any such future uses,

and whether any measures can or should be taken to protect such uses.

6. We acknowledge that amateur operations are permitted to operate

at up to 1.5 kW PEP output with high gain antennas which could

interfere with DSRC receivers if operated on similar frequencies in the

same geographic area. Nevertheless, amateur operations have access to

275 megahertz in the 5.650-5.925 GHz band and we believe any amateur

use of the 5.9 GHz range could be engineered to avoid DSRC operations.

Also, amateurs may be able to continue use of these frequencies in

rural areas where DSRC applications may not be extensively deployed. We

anticipate that any interference problems that may develop between

amateur stations and DSRC operations could be resolved by changing the

frequency of the amateur operation in order to protect primary status

operations or by other engineering techniques, such as power reduction

or directional antennas.

7. We tentatively conclude that DSRC-based ITS services can share

spectrum with incumbent operations in this frequency range. We request

comment on this issue and solicit further analysis of the spectrum

sharing potential between DSRC-based operations and the incumbent use

of the 5.850-5.925 GHz band.

8. We believe it is necessary to outline an order of responsibility

in resolving interference problems, if they occur. Specifically, we

note that DSRC operations are not likely to interfere with Government

radar operations and ISM operations, but the reverse may not always be

the case. We propose to require DSRC operations to accept interference

generated by ISM operations in this range, as is generally the case in

ISM bands. Additionally, we note that DSRC operations, Government radar

operations and FSS Earth-to-space operations would operate on a co-

primary basis in this frequency range. Therefore, we propose to place

the responsibility for coordination equally on each of those operations

through the Frequency Assignment Subcommittee of the Interdepartment

Radio Advisory Committee. As is generally the case with co-primary

services, any licensee initiating new or modified service in the band

would be required to avoid interference to existing operations.

Finally, secondary amateur operations would not be permitted to cause

harmful interference to primary licensed operations in this frequency

range. Nonetheless, to the extent that DSRC applications may operate on

an unlicensed basis under part 15, they would be required to avoid

causing interference to and cannot claim interference protection from

all operations with secondary and primary allocation status. We request

comment on this issue and encourage suggestions for alternative

approaches.

9. As is always the case for FCC approved devices, we will require

all DSRC equipment to comply with our RF safety guidelines. We believe

this level of protection is appropriate and will not result in the

generation of unsafe levels of RF energy. We request comment, on

whether any specific aspects of our RF safety guidelines are

inappropriate for the deployment of DSRC equipment.

10. We solicit comment and proposals for a channelization plan. We

encourage commenters and standards setting organizations to consider

and discuss the following factors in developing a DSRC channelization

plan: optimization of spectrum use; use of informal standards to

promote compatibility or interoperability of certain DSRC applications;

flexible channel options for emerging services; diversity of DSRC

services; and equipment affordability. For example, a proposed DSRC

channelization plan could provide for a few wideband channels for

certain purposes, such as backscatter automatic toll collection, and

reserve a number of narrowband channels for active transponder DSRC

services or other services with smaller data throughout requirements.

We request comment on whether provision for different channel

bandwidths for different data requirements or technologies would

significantly effect the viability or cost of DSRC equipment. Further,

we request comment specifically on whether to permit use of both

passive and active DSRC devices and on whether and how reliance on

informal DSRC technical standards, as opposed to Commission-adopted

standards, may facilitate a smoother transition or integration among

DSRC technologies.

Initial Regulatory Flexibility Certification, and Voluntary Initial

Regulatory Flexibility Analysis (Voluntary IRFA)

11. The Regulatory Flexibility Act (``RFA''),1 requires

that an initial regulatory flexibility analysis be prepared for notice-

and-comment rulemaking proceedings, unless the agency certifies that

``the rule will not, if promulgated, have a significant economic impact

on a substantial number of small entities.'' 2 The RFA

generally defines ``small entity'' as having the same meaning as the

terms ``small business,'' ``small organization,'' and ``small

government jurisdiction.'' In addition, the term ``small business'' has

the same meaning as the term ``small business concern'' under the Small

Business Act. A small business concern is one which: (1) is

independently owned and operated; (2) is not dominant in its field of

operation; and (3) satisfies any additional criteria established by the

Small Business Administration (``SBA'').

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\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et. seq., has

been amended by the Contract With America Advancement Act of 1996,

Public Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the

CWAAA is the Small Business Regulatory Enforcement Fairness Act of

1996 (SBREFA).

\2\ 5 U.S.C. 605(b).

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12. This Notice of Proposed Rule Making (``NPRM'') proposes to

allocate the 5.850-5.925 GHz band to the Private Land Mobile Service

(``PLMS'') for use by Dedicated Short Range Communications Services

(``DSRCS'') in the provision of Intelligent Transportation Services

(``ITS''). DSRCS communications are used for non-voice wireless

transfer of data over short distances between roadside and mobile radio

units, between mobile units, and between portable and mobile units to

perform operations related to the improvement of traffic flow, traffic

safety and other intelligent transportation service applications in a

variety of public and commercial environments. This action is taken in

response to a Petition for Rulemaking filed by the Intelligent

Transportation Society of America (``ITS America''). While this NPRM

does propose an allocation and some basic technical

[[Page 35560]]

parameters, the issues of licensing, channelization, and other complex

technical matters are being deferred to a later proceeding. Therefore,

because this present action will not result in the provision of these

operations, we certify that this action will not have a significant

economic impact on a substantial number of small entities.

13. Despite the certification, we have performed a voluntary

Initial Regulatory Flexibility Analysis (IRFA), below, to create a

fuller record in this proceeding and to give more information to

entities, small and not, that might be affected by our action. Written

public comments are requested on the IRFA. Comments must be identified

as responses to the IRFA and must be filed by the deadlines for

comments on the NPRM. The Commission's Office of Public Affairs,

Reference Operations Division, will send a copy of the NPRM, including

this certification and voluntary analysis, to the Chief Counsel for

Advocacy of the Small Business Administration.

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

14. The objective of this action is to provide sufficient spectrum

to permit the development of DSRCS technologies to improve the nation's

transportation infrastructure and bolster the involvement of United

States companies in this emerging industry.

B. Legal Basis

15. This action is taken pursuant to sections 4(i), 7(a), 303(c),

303(f), 303(g), and 303(r) of the Communications Act of 1934, as

amended, 47 U.S.C. Sec. 154(i), 157(a), 303(c), 303(f), 303(g), and

303(r).

C. Description and Estimate of the Number of Small Entities to Which

the Proposed Rules Will Apply

16. The 5.85-5.925 GHz band is currently available to the U.S.

Federal Government for Radiolocation purposes, Fixed Satellite Service

licensees for international intercontinental links, amateur radio

operators and by various entities using part 18 Industrial, Scientific

and Medical (``ISM'') equipment and part 15 unlicensed device

equipment. We note that there are only 45 FSS licenses issued for

operation in 5.85-5.925 GHz band and most if not all are held by large

corporations. Further, amateur radio operators and the Federal

Government do not qualify as small entities. We also note that part 18

ISM devices are protected in this band, which only generate

electromagnetic energy, are not used for communication purposes and

therefore cannot receive interference or be impacted by this action.

Finally, while part 15 unlicensed devices are permitted to operate in

the 5.85-5.875 GHz portion, they do so on an unlicensed, unprotected

basis. Further, the Commission has no means to determine the number of

small entities that might use unlicensed part 15 equipment that

operates in the band at issue. The NPRM discusses means by which the

potential DSRCS would be able to share the spectrum with incumbent

operations and requests comment on ways to ensure such spectrum

sharing. Accordingly, we do not believe this action would have a

negative impact on small entities that operate in the 5.85-5.925 GHz

band, but nevertheless request comment on this assessment.

17. Regarding the Fixed Satellite Service licensees for

international intercontinental links, the Commission has not developed

a definition of small entities applicable to licensees in the

international services. Therefore, the applicable definition of small

entity is generally the definition under the SBA rules applicable to

Communications Services, Not Elsewhere Classified (NEC).3

This definition provides that a small entity is expressed as one with

$11.0 million or less in annual receipts.4 According to the

Census Bureau, there were a total of 848 communications services

providers, NEC, in operation in 1992, and a total of 775 had annual

receipts of less than $9,999 million.5 The Census report

does not provide more precise data.

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\3\ An exception is the Direct Broadcast Satellite (DBS)

Service.

\4\ 13 CFR 120.121, SIC code 4899.

\5\ 1992 Economic Census Industry and Enterprise Receipts Size

Report, Table 2D, SIC code 4899 (U.S. Bureau of the Census data

under contract to the Office of Advocacy of the U.S. Small Business

Administration).

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18. Regarding the future use of the 5.85-5.925 GHz band by DSRCS

equipment, we believe it is too early to make an determination on such

operations. A future rulemaking proceeding will propose further

technical standards, licensing and service rules and a separate

regulatory flexibility analysis will address all issues relevant to

that proceeding.

D. Description of Projected Reporting, Recordkeeping and Other

Compliance Requirements

19. We are proposing to allocate this spectrum for a new service.

The licensing and technical regulations governing these operations will

be addressed in a separate proceeding. Therefore, this proposed action

does not create any reporting or compliance requirements.

E. Steps Taken to Minimize Significant Economic Impact on Small

Entities, and Significant Alternatives Considered

20. The NPRM proposes basic technical rules such as power limits,

unwanted emission limits and a frequency stability requirement. It also

requests comment on whether operational standards should be adopted to

facilitate nation-wide interoperability of DSRCS. The development of

DSRCS operational standards could delay the initial deployment of such

equipment, but could ultimately result in equal footing for all

manufacturers, including small entities, in producing equipment that

meets uniform standards. We request comment on further alternatives

that might minimize the amount of economic impact on small entities.

F. Federal Rules that May Duplicate, Overlap, or Conflict With the

Proposed Rules

21. None.

List of Subjects in 47 CFR Parts 2 and 90

Communications equipment, Radio.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 98-17314 Filed 6-29-98; 8:45 am]

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