Use of Radio Frequencies Above 40 GHz for New Radio Applications

Federal RegisterAug 7, 1998

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 15 and 97

[ET Docket No. 94-124; FCC 98-150]

Use of Radio Frequencies Above 40 GHz for New Radio Applications

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: By this Third Report and Order (R&O) the Commission amends the

rules to: provide amateur and amateur-satellite operators co-primary

status in the 77.5-78 GHz frequency band to ensure that future amateur

station access to spectrum near 77 GHz is maintained without the threat

of preemption by higher priority services; restrict amateur and

amateur-satellite operations in the 76-77 GHz frequency band to ensure

against potential interference to vehicle radar systems that we expect

will operate in this band; adopt a spectrum etiquette for unlicensed

devices operating in the 59-64 GHz frequency band to provide a spectrum

etiquette that maximizes the number of users and minimizes the

potential for interference in the 59-64 GHz band; and adopt spurious

emission limits for unlicensed equipment operating in the 76-77 GHz

frequency band to provide protection to radio astronomy operations in

the 217-231 GHz band.

EFFECTIVE DATE: This rule is effective September 8, 1998, except the

addition of Sec. 2.1033(b)(12) which is effective October 5, 1998.

FOR FURTHER INFORMATION CONTACT: Rodney P. Conway (202) 418-2904 or via

electronic mail: [email protected]. For additional information concerning

the information collections, or copies of the information collections

contained in this Third Report and Order contact Judy Boley at (202)

418-0217, or via electronic mail at [email protected].

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

Report and Order, ET Docket 94-124, FCC 98-150, adopted July 6, 1998

and released July 15, 1998.

A 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, phone (202) 857-3800, facsimile (202) 857-3805,

1231 20th Street, N.W. Washington, DC 20036.

Summary of the Third Report and Order

1. This Third Report and Order amends the rules to restrict amateur

and amateur-satellite operations in the 76-77 GHz frequency band. The

Commission is adopting its proposal to suspend access to the 76-77 GHz

band by amateur stations in order to ensure against potential

interference to vehicle radar systems that we expect will operate in

this band. Thus, this action will not have an immediate impact on

amateur operators because there is little or no use of this band.

Further, we are unable to ascertain what future amateur station

transmissions might take place in this band and therefore cannot

evaluate the potential for interference to vehicle radar systems.

Because harmful interference to vehicle radar systems could affect

public safety, we will proceed with the utmost amount of caution.

2. The Third Report and Order also amends the rules to establish a

co-primary frequency allotment for use by amateur and amateur-satellite

operators in the 77.5-78 GHz frequency band. The Commission believes

that upgrading the status of the Amateur Radio Services, including

amateur and amateur-satellite operations, to co-primary in the 77.5-78

GHz band is needed to ensure that future amateur station access to

spectrum near 77 GHz is maintained without the threat of preemption by

higher priority services. The Commission believes that this allocation

is needed if we are to continue to foster amateur operator

experimentation using millimeter wave technology.

3. The Third Report and Order also amends the rules to establish a

spectrum etiquette for unlicensed devices operating in the 59-64 GHz

frequency band. The Commission believes that the adopted spectrum

etiquette provides the best plan to maximize the number of users and

minimize the potential for interference in the 59-64 GHz band. The

coordination channel from 59.0-59.05 GHz provides access to spectrum

that will be used to determine methods of limiting potential

interference and establishing techniques for spectrum sharing between

diverse systems. In addition, the transmitter output power and peak

emission limits will minimize the potential for interference and

provide for greater spectrum reuse. Moreover, the transmitter

identification requirement for transmitters operating with more than

0.1 mW of output power is essential to provide for successful sharing

and coordination between users. We note that, no comments were filed

expressing opposition to the proposed

[[Page 42277]]

spectrum etiquette. We believe the etiquette adopted herein will

accelerate the development of low cost devices.

4. The Third Report and Order also amends the rules to establish

spurious emission limits for unlicensed equipment operating in the 76-

77 GHz frequency band. Within the 217-231 GHz band, the Commission is

adopting a spurious emission limit of 1000 pW/cm \2\, as measured at 3

meters, for unlicensed millimeter wave transmitters that operate in the

76-77 GHz band. We are relying on NTIA's suggestion to limit the

spurious emissions to 1000 pW/cm \2\ as being sufficient to provide

adequate protection to radio astronomy operations in the 217-231 GHz

band. In addition, we note that emissions in this frequency range tend

to be highly focused and directional. Given that radio astronomy

equipment discriminates against off-beam signals and that vehicle

radars will be used when in motion, we believe there is little

likelihood of interference to radio astronomy operations.

Final Regulatory Flexibility Analysis

5. As required by Section 603 of the Regulatory Flexibility Act, 5

U.S.C. 603 (``RFA''), an Initial Regulatory Flexibility Analysis

(``IRFA'') was incorporated into the Second Notice of Proposed Rule

Making, 61 FR 14041, March 29, 1996, (``2nd NPRM'') and the Fourth

Notice of Proposed Rule Making, 62 FR 45380, August 27, 1997, (``4th

NPRM'') in ET Docket No. 94-124. The Commission sought written public

comments on the proposals in the 2nd NPRM and 4th NPRM, including the

IRFAs. The Commission's Final Regulatory Flexibility Analysis

(``FRFA'') in this Third Report and Order conforms to the RFA, as

amended by the Contract with America Advancement Act of 1996 (CWAAA),

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

is ``The Small Business Regulatory Enforcement Fairness Act of 1996''

(SBREFA), codified at 5 U.S.C. 601 et seq.

6. Need for and Objective of the Rules. Our objectives are to adopt

a spectrum etiquette that provides for a maximum number of operators in

the unlicensed 59-64 GHz band, to temporarily restrict amateur station

access to the 76-77 GHz band until an effective spectrum sharing plan

is developed to permit use of the band by vehicular radar systems and

amateur stations, to provide amateur stations co-primary access to

spectrum in the 77.5-78 GHz band to offset any negative effects of the

temporary restriction in the 76-77 GHz band, and to establish an

emissions limit above 200 GHz for some millimeter wave transmitters in

order to protect radio astronomy users in the 217-231 GHz band.

7. Summary of Significant Issues Raised by Public Comments in

Response to the IRFAs. No comments were submitted in direct response to

either IRFA.

8. Description and Estimates of the Number of Small Entities to

Which the Rules Will Apply. For the purposes of this Third Report and

Order, the RFA defines a ``small business'' to be the same as a ``small

business concern'' under the Small Business Act, 15 U.S.C. 632, unless

the Commission has developed one or more definitions that are

appropriate to its activities. See 5 U.S.C. 601(3) (incorporating by

reference the definition of ``small business concern'' in 5 U.S.C.

632). Under the Small Business Act, a ``small business concern'' is one

that: (1) is independently owned and operated; (2) is not dominant in

its field of operation; and (3) meets any additional criteria

established by the Small Business Administration (SBA). See 15 U.S.C.

632. Since the Regulatory Flexibility Act amendments were not in effect

until the record in this proceeding was closed, the Commission did not

request information regarding the number of small businesses that might

use this service and is unable at this time to determine the number of

small businesses that would be affected by this action.

9. The Commission has not developed a definition of small entities

applicable to unlicensed communications devices. Therefore, we will

utilize the SBA definition applicable to manufacturers of Radio and

Television Broadcasting and Communications Equipment. According to the

SBA regulations, unlicensed transmitter manufacturers must have 750 or

fewer employees in order to qualify as a small business concern. See 13

CFR 121.201, (SIC) Code 3663. Census Bureau data indicates that there

are 858 U.S. companies that manufacture radio and television

broadcasting and communications equipment, and that 778 of these firms

have fewer than 750 employees and would be classified as small

entities. See U.S. Dept. of Commerce, 1992 Census of Transportation,

Communications and Utilities (issued May 1995), SIC category 3663. The

Census Bureau category is very broad, and specific figures are not

available as to how many of these firms will manufacture unlicensed

communications devices. However, we believe that many of them may

qualify as small entities.

10. As noted, this section describes and estimates the number of

small entities to which the proposed rules apply. The rules in Part 97

of the Commission's Rules, 47 CFR Part 97, apply to individuals who are

qualified to be licensees in the amateur service, and amateur radio

operators are prohibited from transmitting communications for

compensation, for their pecuniary benefit, and on behalf of their

employers. See 47 CFR 97.113. Amateur radio licensees are therefore not

addressed in this regulatory flexibility analysis.

11. Description of Projected Reporting, Recordkeeping and Other

Compliance Requirements. The Commission has adopted rules that limit

the level of emissions between 217-231 GHz and implement a spectrum

etiquette for systems operating in the 59-64 GHz band. Measurements of

the emission levels and spectrum etiquette will be reported to the

Commission as part of the normal equipment authorization process under

our certification procedure.

12. Significant Alternatives and Steps Taken To Minimize

Significant Economic Impact on a Substantial Number of Small Entities

Consistent With Stated Objectives. No alternatives or other steps were

addressed in this proceeding.

13. Report to Congress. The Commission shall send a copy of this

Final Regulatory Flexibility Analysis, along with this Third Report and

Order, in a report to Congress pursuant to the Small Business

Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801(a)(1)(A).

List of Subjects

47 CFR Part 2

Communications equipment, Radio.

47 CFR Part 15

Communications equipment, Highway safety, Radio.

47 CFR Part 97

Radio.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

Accordingly, title 47 of the Code of Federal Regulations, parts 2,

15, and 97 are amended as follows:

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

RULES AND REGULATIONS

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

[[Page 42278]]

Authority: 47 U.S.C. 154, 302, 303, 307 and 336, unless

otherwise noted.

2. Section 2.106, the Table of Frequency Allocations, is amended by

revising the entry for 76-77 GHz, by removing the entry for 77-81 GHz,

and adding new entries for 77-77.5 GHz, 77.5-78 GHz, and 78-81 GHz to

read as follows:

Sec. 2.106 Table of Frequency Allocations.

* * * * *

International table United States table FCC use designators

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

Government Non-Government

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

allocation GHz allocation GHz Allocation GHz Allocation GHz frequencies

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

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

* * * * * * *

76-77 RADIOLOCATION Amateur 76-77 76-77 76-77 76-77 RADIO FREQUENCY ..................

Amateur-Satellite Space RADIOLOCATION RADIOLOCATION RADIOLOCATION. RADIOLOCATION DEVICES (15).

Research (space-to-Earth). Amateur Amateur- Amateur Amateur- Amateur.

Satellite Space Satellite Space

Research (space- Research (space-

to-Earth). to-Earth).

77-77.5 RADIOLOCATION Amateur 77-77.5 77-77.5 77-77.5 77-77.5 Amateur (97)...... ..................

Amateur-Satellite Space RADIOLOCATION RADIOLOCATION RADIOLOCATION. RADIOLOCATION

Research (space-to-Earth). Amateur Amateur- Amateur Amateur- Amateur Amateur-

Satellite Space Satellite Space Satellite.

Research (space- Research (space-

to-Earth). to-Earth).

77.5-78 RADIOLOCATION Amateur 77.5-78 77.5-78 77.5-78 77.5-78 AMATEUR (97)...... ..................

Amateur-Satellite Space RADIOLOCATION RADIOLOCATION RADIOLOCATION. RADIOLOCATION

Research (space-to-Earth). Amateur Amateur- Amateur Amateur- AMATEUR AMATEUR-

Satellite Space Satellite Space SATELLITE.

Research (space- Research (space-

to-Earth). to-Earth).

78-81 RADIOLOCATION Amateur 78-81 78-81 78-81 78-81 Amateur (97)...... ..................

Amateur-Satellite Space RADIOLOCATION RADIOLOCATION RADIOLOCATION 912. RADIOLOCATION

Research (space-to-Earth). Amateur Amateur- Amateur Amateur- Amateur Amateur-

Satellite Space Satellite Space Satellite 912.

Research (space- Research (space-

to-Earth). to-Earth).

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

* * * * * * *

3. Section 2.1033, presently in effect, is amended by adding a new

paragraph (b)(13) to read as follows:

Sec. 2.1033 Application for certification.

* * * * *

(b) * * *

(13) Applications for certification of transmitters operating

within the 59.0-64.0 GHz band under part 15 of this chapter shall also

be accompanied by an exhibit demonstrating compliance with the

provisions of Sec. 15.255 (g) and (i) of this chapter.

* * * * *

3A. Section 2.1033 as revised effective October 5, 1998, is amended

by adding new paragraph (b)(12) to read as follows:

Sec. 2.1033 Application for certification.

* * * * *

(b) * * *

(12) Applications for certification of transmitters operating

within the 59.0-64.0 GHz band under part 15 of this chapter shall also

be accompanied by an exhibit demonstrating compliance with the

provisions of Sec. 15.255 (g) and (i) of this chapter.

* * * * *

PART 15--RADIO FREQUENCY DEVICES

4. The authority citation for part 15 continues to read as follows:

Authority: 47 U.S.C. 154, 302, 303, 304, 307 and 544A.

5. Section 15.31 is amended by revising paragraph (f)(1) to read as

follows:

Sec. 15.31 Measurement standards.

* * * * *

(f) * * *

(1) At frequencies at or above 30 MHz, measurements may be

performed at a distance other than what is specified provided:

measurements are not made in the near field except where it can be

shown that near field measurements are appropriate due to the

characteristics of the device; and it can be demonstrated that the

signal levels needed to be measured at the distance employed can be

detected by the measurement equipment. Measurements shall not be

performed at a distance greater than 30 meters unless it can be further

demonstrated that measurements at a distance of 30 meters or less are

impractical. When performing measurements at a distance other than that

specified, the results shall be extrapolated to the specified distance

using an extrapolation factor of 20 dB/decade (inverse linear-distance

for field strength measurements; inverse-linear-distance-squared for

power density measurements).

* * * * *

6. Section 15.33 is amended by revising paragraph (a)(3) to read as

follows:

Sec. 15.33 Frequency range of radiated measurements.

(a) * * *

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

fifth

[[Page 42279]]

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

is lower, unless specified otherwise elsewhere in the rules.

* * * * *

7. Section 15.35 is amended by revising paragraphs (b) and (c) to

read as follows:

Sec. 15.35 Measurement detector functions and bandwidths.

* * * * *

(b) On any frequency of frequencies above 1000 MHz, the radiated

limits shown are based upon the use of measurement instrumentation

employing an average detector function. 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 a different

peak emission limit is otherwise specified in the rules in this part,

e.g., see Sec. 15.255. Unless otherwise specified, measurements above

1000 MHz shall be performed using a minimum resolution bandwidth of 1

MHz. Measurement 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.

(c) Unless otherwise specified, e.g. Sec. 15.255(b), when the

radiated emission limits are expressed in terms of the average value of

the emission, and pulsed operation is employed, the measurement field

strength shall be determined by averaging over one complete pulse

train, including blanking intervals, as long as the pulse train does

not exceed 0.1 seconds. As an alternative (provided the transmitter

operates for longer than 0.1 seconds) or in cases where the pulse train

exceeds 0.1 seconds, the measured field strength shall be determined

from the average absolute voltage during a 0.1 second interval during

which the field strength is at its maximum value. The exact method of

calculating the average field strength shall be submitted with any

application for certification or shall be retained in the measurement

data file for equipment subject to notification or verification.

8. Section 15.253 is amended by revising paragraph (c) to read as

follows.

Sec. 15.253 Operation within the bands 46.7-46.9 GHz and 76.0-77.0

GHz.

* * * * *

(c) The power density of any emissions outside the operating band

shall consist solely of spurious emissions and shall not exceed the

following:

(1) Radiated emissions below 40 GHz shall not exceed the general

limits in Sec. 15.209.

(2) Radiated emissions outside the operating band and between 40

GHz and 200 GHz shall not exceed the following:

(i) For vehicle-mounted field disturbance sensors operating in the

band 46.7-46.9 GHz: 2 pW/cm\2\ at a distance of 3 meters from the

exterior surface of the radiating structure.

(ii) For forward-looking vehicle-mounted field disturbance sensors

operating in the band 76-77 GHz: 600 pW/cm\2\ at a distance of 3 meters

from the exterior surface of the radiating structure.

(iii) For side-looking or rear-looking vehicle-mounted field

disturbance sensors operating in the band 76-77 GHz: 300 pW/cm\2\ at a

distance of 3 meters from the exterior surface of the radiating

structure.

(3) For radiated emissions above 200 GHz from field disturbance

sensors operating in the 76-77 GHz band: the power density of any

emission shall not exceed 1000 pW/cm\2\ at a distance of 3 meters from

the exterior surface of the radiating structure.

(4) For field disturbance sensors operating in the 76-77 GHz band,

the spectrum shall be investigated up to 231 GHz.

* * * * *

9. Section 15.255 is revised to read as follows:

Sec. 15.255 Operation within the band 59.0-64.0 GHz.

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

for the following products:

(1) Equipment used on aircraft or satellites.

(2) Field disturbance sensors, including vehicle radar systems,

unless the field disturbance sensors are employed for fixed operation.

For the purposes of this section, the reference to fixed operation

includes field disturbance sensors installed in fixed equipment, even

if the sensor itself moves within the equipment.

(b) Within the 59-64 GHz band, emission levels shall not exceed the

following:

(1) For products other than fixed field disturbance sensors, the

average power density of any emission, measured during the transmit

interval, shall not exceed 9 W/cm\2\, as measured 3 meters

from the radiating structure, and the peak power density of any

emission shall not exceed 18 W/cm\2\, as measured 3 meters

from the radiating structure.

(2) For fixed field disturbance sensors that occupy 500 MHz or less

of bandwidth and that are contained wholly within the frequency band

61.0-61.5 GHz, the average power density of any emission, measured

during the transmit interval, shall not exceed 9 W/cm\2\, as

measured 3 meters from the radiating structure, and the peak power

density of any emission shall not exceed 18 W/cm\2\, as

measured 3 meters from the radiating structure. In addition, the

average power density of any emission outside of the 61.0-61.5 GHz

band, measured during the transmit interval, but still within the 59-64

GHz band, shall not exceed 9 nW/cm\2\, as measured 3 meters from the

radiating structure, and the peak power density of any emission shall

not exceed 18 nW/cm\2\, as measured three meters from the radiating

structure.

(3) For fixed field disturbance sensors other than those operating

under the provisions of paragraph (b)(2) of this section, the peak

transmitter output power shall not exceed 0.1 mW and the peak power

density shall not exceed 9 nW/cm\2\ at a distance of 3 meters.

(4) Peak power density shall be measured with an RF detector that

has a detection bandwidth that encompasses the 59-64 GHz band and has a

video bandwidth of at least 10 MHz, or using an equivalent measurement

method.

(5) The average emission limits shall be calculated, based on the

measured peak levels, over the actual time period during which

transmission occurs.

(c) Limits on spurious emissions:

(1) The power density of any emissions outside the 59.0-64.0 GHz

band shall consist solely of spurious emissions.

(2) Radiated emissions below 40 GHz shall not exceed the general

limits in Sec. 15.209.

(3) Between 40 GHz and 200 GHz, the level of these emissions shall

not exceed 90 pW/cm\2\ at a distance of 3 meters.

(4) The levels of the spurious emissions shall not exceed the level

of the fundamental emission.

(d) Only spurious emissions and transmissions related to a

publicly-accessible coordination channel, whose purpose is to

coordinate operation between diverse transmitters with a view towards

reducing the probability of interference throughout the 59-64 GHz band,

are permitted in the 59.0-59.05 GHz band.

Note to paragraph (d): The 59.0-59.05 GHz is reserved

exclusively for a publicly-accessible coordination channel. The

development of standards for this channel

[[Page 42280]]

shall be performed pursuant to authorizations issued under part 5 of

this chapter.

(e) Except as specified elsewhere in this paragraph (e), the total

peak transmitter output power shall not exceed 500 mW.

(1) Transmitters with an emission bandwidth of less than 100 MHz

must limit their peak transmitter output power to the product of 500 mW

times their emission bandwidth divided by 100 MHz. For the purposes of

this paragraph (e)(1), emission bandwidth is defined as the

instantaneous frequency range occupied by a steady state radiated

signal with modulation, outside which the radiated power spectral

density never exceeds 6 dB below the maximum radiated power spectral

density in the band, as measured with a 100 kHz resolution bandwidth

spectrum analyzer. The center frequency must be stationary during the

measurement interval, even if not stationary during normal operation

(e.g. for frequency hopping devices).

(2) Peak transmitter output power shall be measured with an RF

detector that has a detection bandwidth that encompasses the 59-64 GHz

band and that has a video bandwidth of at least 10 MHz, or using an

equivalent measurement method.

(3) For purposes of demonstrating compliance with this paragraph

(e), corrections to the transmitter output power may be made due to the

antenna and circuit loss.

(f) 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.

(g) Regardless of the power density levels permitted under this

section, devices operating under the provisions of this section are

subject to the radiofrequency radiation exposure requirements specified

in Secs. 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.

(h) Any transmitter that has received the necessary FCC equipment

authorization under the rules of this chapter may be mounted in a group

installation for simultaneous operation with one or more other

transmitter(s) that have received the necessary FCC equipment

authorization, without any additional equipment authorization. However,

no transmitter operating under the provisions of this section may be

equipped with external phase-locking inputs that permit beam-forming

arrays to be realized.

(i) Within any one second interval of signal transmission, each

transmitter with a peak output power equal to or greater than 0.1 mW or

a peak power density equal to or greater than 3 nW/cm\2\, as measured 3

meters from the radiating structure, must transmit a transmitter

identification at least once. Each application for equipment

authorization must declare that the equipment contains the required

transmitter identification feature and must specify a method whereby

interested parties can obtain sufficient information, at no cost, to

enable them to fully detect and decode this transmitter identification

information. Upon the completion of decoding, the transmitter

identification data block must provide the following fields:

(1) FCC Identifier, which shall be programmed at the factory.

(2) Manufacturer's serial number, which shall be programmed at the

factory.

(3) Provision for at least 24 bytes of data relevant to the

specific device, which shall be field programmable. The grantee must

implement a method that makes it possible for users to specify and

update this data. The recommended content of this field is information

to assist in contacting the operator.

PART 97--AMATEUR RADIO SERVICE

10. 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.

11. Section 97.301 is amended in the table in paragraph (a), by

revising the entry for 4 mm under the EHF wavelength band to read as

follows:

Sec. 97.301 Authorized frequency bands.

* * * * *

(a) * * *

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

ITU--Region ITU--Region ITU--Region Sharing requirements see Sec.

Wavelength band 1 2 3 97.303 (Paragraph)

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

* * * * * *

*

EHF GHz GHz GHz

* * * * * *

*

4 mm............................... 75.5-81.0 75.5-81.0 75.5-81.0 (b), (c), (h), (r).

* * * * * *

*

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

* * * * *

12. Section 97.303 is amended by revising paragraphs (b), (c) and

(h) and by adding a new paragraph (r), to read as follows:

Sec. 97.303 Frequency sharing requirements.

* * * * *

(b) No amateur station transmitting in the 1900-2000 kHz segment,

the 70 cm band, the 33 cm band, the 13 cm band, the 9 cm band, the 5 cm

band, the 3 cm band, the 24.05-24.25 GHz segment, the 77.0-77.5 GHz

segment, the 78-81 GHz segment, the 144-149 GHz segment, and the 241-

248 GHz segment shall cause harmful interference to, nor is protected

from interference due to the operation of, the Government radiolocation

service.

(c) No amateur station transmitting in the 1900-2000 kHz segment,

the 3 cm band, the 77.0-77.5 GHz segment, the 78-81 GHz segment, the

144-149 GHz segment, and the 241-248 GHz segment shall cause harmful

interference to, nor is protected from interference due to the

operation of, stations in the non-Government radiolocation service.

* * * * *

[[Page 42281]]

(h) No amateur station transmitting in the 23 cm band, the 3 cm

band, the 24.05-24.25 GHz segment, the 77-77.5 GHz segment, the 78-81

GHz segment, the 144-149 GHz segment, and the 241-248 GHz segment shall

cause harmful interference to, nor is protected from interference due

to the operation of, stations authorized by other nations in the

radiolocation service.

* * * * *

(r) In the 4 mm band:

(1) Authorization of the 76-77 GHz segment of the 4 mm band for

amateur station transmissions is suspended until such time that the

Commission may determine that amateur station transmissions in this

segment will not pose a safety threat to vehicle radar systems

operating in this segment.

(2) In places where the amateur service is regulated by the FCC,

the 77.5-78 GHz segment is allocated to the amateur service and

amateur-satellite service on a co-primary basis with the Government and

non-Government radiolocation services.

[FR Doc. 98-20361 Filed 8-6-98; 8:45 am]

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