Rule2024-28980
Use of the 5.850-5.925 GHz Band
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 13, 2024
Effective
February 11, 2025
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) adopts rules and takes other steps to further address the transition of 5.9 GHz Intelligent Transportation System (ITS) operations from Dedicated Short Range Communications (DSRC)-based technology to cellular-vehicle-to-everything (C-V2X)-based technology. Specifically, the Commission adopts technical and operational rules governing devices using C-V2X-based technology, eliminates the DSRC requirement for communications zone designations, finalizes the timeline for sunsetting the use of DSRC-based technology, addresses the issue of additional spectrum allocations for ITS use, addresses the issue of reimbursing the transition costs of DSRC incumbents, and encourages the development of industry standards.
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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Rules and Regulations]
[Pages 100838-100856]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28980]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 90, 95, and 97
[ET Docket No. 19-138; FCC 24-123; FR ID 265055]
Use of the 5.850-5.925 GHz Band
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) adopts rules and takes other steps to further address the
transition of 5.9 GHz Intelligent Transportation System (ITS)
operations from Dedicated Short Range Communications (DSRC)-based
technology to cellular-vehicle-to-everything (C-V2X)-based technology.
Specifically, the Commission adopts technical and operational rules
governing devices using C-V2X-based technology, eliminates the DSRC
requirement for communications zone designations, finalizes the
timeline for sunsetting the use of DSRC-based technology, addresses the
issue of additional spectrum allocations for ITS use, addresses the
issue of reimbursing the transition costs of DSRC incumbents, and
encourages the development of industry standards.
DATES: This final rule is effective February 11, 2025. Existing
licenses for DSRC systems may be renewed as necessary following this
effective date but only for a period not to exceed December 14, 2026.
FOR FURTHER INFORMATION CONTACT: Jamie Coleman of the Office of
Engineering and Technology, at <a href="/cdn-cgi/l/email-protection#eba18a86828ec5a884878e868a85ab8d8888c58c849d"><span class="__cf_email__" data-cfemail="6329020e0a064d200c0f060e020d230500004d040c15">[email protected]</span></a> or 202-418-2705.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Report and Order, ET Docket No. 19-138, FCC 24-123, adopted on November
20, 2024, and released on November 21, 2024. The full text of this
document is available for public inspection and can be downloaded at
<a href="https://docs.fcc.gov/public/attachments/FCC-24-123A1.pdf">https://docs.fcc.gov/public/attachments/FCC-24-123A1.pdf</a>. 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#ef898c8cdadfdbaf898c8cc1888099"><span class="__cf_email__" data-cfemail="50363333656064103633337e373f26">[email protected]</span></a> or calling the Commission's Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Procedural Matters
Regulatory Flexibility Act. The Regulatory Flexibility Act of 1980,
as amended (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, we have prepared a Final Regulatory
Flexibility Analysis (FRFA) concerning the possible impact of the rule
changes contained in the Second Report and Order on small entities. The
FRFA is set forth in Appendix B of the FCC document, <a href="https://docs.fcc.gov/public/attachments/FCC-24-123A1.pdf">https://docs.fcc.gov/public/attachments/FCC-24-123A1.pdf</a>.
Congressional Review Act. The Commission has determined, and the
Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget concurs, that this rule is ``major''
under the Congressional Review Act, 5 U.S.C. 804(2). The Commission
will send a copy of this Second Report and Order to Congress and the
Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).
Synopsis
Introduction
The Intelligent Transportation System (ITS) holds promise to
improve transportation safety and mobility by integrating advanced
communications technologies into vehicles and infrastructure. The
connected vehicle ecosystem of the future will make the nation's
transportation system more flexible, resilient, and safe. This
ecosystem requires technical and operational rules governing devices
using C-V2X (cellular-vehicle-to-everything) based technology. In the
First Report and Order of the Federal Communications Commission's (FCC)
proceeding, 86 FR 23281 (May 1, 2021), the Commission retained the
upper 30 megahertz portion (5.895-5.925 GHz) of the 5.850-5.925 GHz
(5.9 GHz) band for ITS operations. The Commission also required the ITS
service to transition from Dedicated Short Range Communications (DSRC)-
based technology to C-V2X-based technology as the connected mobility
platform for implementing the future of ITS communications in the
United States. In the Second Report and Order, the Commission further
addresses the transition of 5.9 GHz ITS operations from DSRC to C-V2X
by codifying C-V2X technical parameters in the Commission's rules,
including band usage, message priority, and channel bandwidth. The
Commission promulgates rules governing equivalent isotropically
radiated power (EIRP) and out-of-band emissions (OOBE) limits for C-V2X
on-board units (OBUs) and roadside units (RSUs), and antenna height
limits for RSUs. In addition, the Commission encourages the development
of industry standards and finalizes the timeline for sunsetting the use
of DSRC-based technology. Finally, the Commission addresses the issues
of additional spectrum allocations for ITS use and reimbursing the
transition costs of DSRC incumbents.
Background
The Commission adopted the First Report and Order in 2020, wherein
it concluded that the most efficient use of the 75 megahertz of
spectrum in the 5.9 GHz band would be achieved by expanding unlicensed
operations in the lower 45 megahertz of the band (5.850-5.895 GHz), and
designating the upper 30 megahertz of the band (5.895-5.925 GHz) for
the ITS service using C-V2X technology. Among other considerations, the
Commission made this decision because (1) the DSRC services once
contemplated for operations across the full 5.9 GHz band
[[Page 100839]]
had not come to fruition in the 20 years since it allocated the
spectrum for the ITS service; (2) those envisioned vehicle-safety
features can be or are already being provided using other spectrum
bands or alternative technology; and (3) the significant public
interest benefits of adding 45 megahertz of Unlicensed National
Information Infrastructure (U-NII) spectrum to enable the next-
generation Wi-Fi, which operates on wider channels and allows gigabit
connectivity with lower latency, improved coverage, and power
efficiency. To protect incumbent 5.9 GHz band services, including
federal incumbent operations, from potential harmful interference from
unlicensed operations, the Commission imposed stringent power limits
and operating requirements on unlicensed devices (i.e., access points,
subordinate devices, and client devices) operating in the lower 45
megahertz and restricted unlicensed use of the lower 45 megahertz to
indoor locations. As the First Report and Order determined that the
operators in the revised ITS band must use C-V2X technology, the
Further Notice of Proposed Rulemaking (FNPRM), 86 FR 23323 (May 6,
2021), sought comment on further transition issues and proposed rules
to finalize the technical parameters for C-V2X operations and the
timing of when operations must transition from the DSRC technology.
Although the FNPRM sought comment on the possibility for full-power
outdoor unlicensed operations across the lower 45 megahertz portion of
the 5.9 GHz band, those unlicensed operations issues are not addressed
in the Second Report and Order. In an Order on Reconsideration, 89 FR
24835 (April 9, 2024), the Commission affirmed its decision in the
First Report and Order to repurpose the lower 45 megahertz for indoor
unlicensed operations and rejected various arguments regarding indoor
unlicensed devices' potential to cause harmful interference to ITS
operations in the upper 30 megahertz.
Recently, the Office of Engineering and Technology (OET), the
Public Safety and Homeland Security Bureau (PSHSB), and the Wireless
Telecommunications Bureau (WTB) (hereafter, ``the Bureaus'') granted
rule waivers to parties requesting to deploy C-V2X operations in the
upper 30-megahertz portion of the 5.9 GHz band (5.895-5.925 GHz) prior
to adopting final C-V2X-based technical rules. Specifically, each
waiver applicant sought waivers for rule sections that establish the
technical requirements mandating DSRC-based technology in the upper 30
megahertz of the 5.9 GHz band, to allow C-V2X-based operations in the
band, and to provide adjustments to the technical parameters where the
two technologies differ. The Bureaus found that waiving those rules was
warranted under 47 CFR 1.925, subject to the waiver applicants'
commitments to adhere to certain technical parameters and conditions
developed to protect DSRC and federal incumbents from potential harmful
interference caused by C-V2X operations in the upper 30 megahertz. All
C-V2X operations pursuant to a waiver are limited to transportation and
vehicle-safety related communications. Finally, the granted waivers
were conditioned on the requirement that each waiver recipient would
ensure that all operations and devices authorized under the waiver
would comply with the final rules or other guidance provided by the
Commission.
Discussion
In the Second Report and Order, the Commission finalizes rules
concerning band usage, message prioritization, channel bandwidth,
communications zones, power for RSUs and OBUs, and OOBE limits for C-
V2X operations, along with other transition issues, including the
transition timeline. Additionally, the Commission reaches several
conclusions related to the incorporation of standards, the allocation
of additional spectrum for ITS, and compensation to incumbents. The
decisions in this document will not only promote the efficient use of
30 megahertz of spectrum dedicated to ITS but also the safety benefits
this technology promises to deliver to the American public.
DSRC is defined in the Commission's rules as the use of radio
techniques to transfer data over short distances between roadside and
mobile units, between mobile units, and between portable and mobile
units to perform operations related to improving traffic flow, traffic
safety, and other ITS applications in a variety of environments. DSRC
systems may also transmit status and instructional messages related to
the units involved. Currently, local government entities and entities
eligible for Industrial/Business Pool licenses are eligible to operate
RSUs using DSRC, while OBUs in vehicles are licensed by rule. The
existing DSRC rules lay out a hierarchical priority system for
messages. Communications involving safety of life have priority access
over all other DSRC communications. Communications involving public
safety have the next highest priority, with a presumption that RSUs
operated by State or local governmental entities are engaged in public
safety communications. The lowest tier in this communications hierarchy
are non-priority communications, which include all other communications
not related to safety of life or public safety.
As stated in the FNPRM, the Commission's goal is to facilitate a
smooth transition from DSRC-based operations to C-V2X-based operations.
Accordingly, the Commission must address the need, if any, to adopt
requirements analogous to existing DSRC requirements that would
similarly govern C-V2X operations in the 5.895-5.925 GHz band. The
Commission now addresses the technical issues necessary to ensure
efficient and effective use of the band.
C-V2X Standards
In the 5.9 GHz NPRM, 85 FR 6841 (February 6, 2020), the Commission
proposed to incorporate by reference into the Commission's rules the
3rd Generation Partnership Project (3GPP) C-V2X standard Release 14.
The Commission did not receive significant comment on this issue. After
the release of the 5.9 GHz NPRM, 3GPP announced the completion of
Release 16, which includes enhanced 5G network capabilities.
Accordingly, the FNPRM sought further comment on how the Commission
should handle standards with respect to C-V2X. Specifically, the
Commission asked whether either 3GPP C-V2X standard Release 16 or
Release 14, in whole or in part, should be incorporated into its rules;
whether Release 14 should be incorporated initially with an eventual
transition to Release 16; or whether there is a compelling argument for
not incorporating either standard into the rules.
Comments received in this regard suggest a variety of approaches to
the issue. T-Mobile disputes the need for a general incorporation,
stating that ``referencing specific 3GPP releases in the rules [would]
quickly make them outdated and stifle innovation by freezing
technologies in place, instead of allowing them to evolve naturally to
satisfy customer needs and reflect innovation.'' The Institute of
Transportation Engineers (ITE) expresses similar views, suggesting that
the Commission refrain from incorporating by reference any one
particular standard, instead allowing industry to test and evaluate the
technology and applicable standards without imposing a regulatory
ceiling. Further, ITE asserts that the
[[Page 100840]]
Commission's question regarding a phased-in approach where it would
adopt Release 14 now and replace it with Release 16 later does not
correctly characterize the actual technology implementation process.
Rather, ITE indicates that the 5G equipment based on Release 16 would
enhance and complement Release 14 Long Term Evolution (LTE) operating
equipment and Release 14 equipment would likely remain in use even
after Release 16 becomes dominant. Other commenters find merit in
incorporating standard(s) references in some manner. 5G Americas, for
example, citing the ongoing technology evolution, asks the Commission
to generally refer to 3GPP releases covering C-V2X, instead of
``cementing a specific 3GPP release.'' While skeptical that C-V2X can
be sufficiently realized on the allocated spectrum, AT&T nonetheless
suggests, without further specificity, that ``the Commission should
incorporate by reference those portions of both Release 14 and Release
16 that are relevant to C-V2X, giving ITS band users sufficient
latitude to innovate.'' Autotalks indicates that ``Releases 14, 15, and
16 are non-interoperable'' and it supports incorporating by reference
``explicit'' C-V2X releases to assure ``wide-scale interoperability.''
Based on the record before the Commission, the Commission is not
incorporating by reference any one particular standard. The Commission
encourages industry to develop a consensus concerning 3GPP releases
covering C-V2X. The Commission believes this approach is necessary due
to the constantly evolving nature of both 3GPP standards and the
functionality of C-V2X. As stated by ITE, new testing will undoubtedly
lead to changes or enhancements to the applicable standards-and being
held to a regulatory ceiling by imposing a particular standard may cap
the potential of future C-V2X applications. The Commission's focus in
the proceeding is to set objective performance expectations for C-V2X
technology but let industry come to a consensus on the technology
standard that should be applicable to C-V2X moving forward. Given the
broad record support for not incorporating any one particular standard,
the Commission will thus provide industry the flexibility to develop a
technology standard that fits within the technical bounds prescribed in
this document.
In making this decision, the Commission reiterates its commitment
to vehicle safety and the need for all vehicles that incorporate C-V2X
technology to have the capability to successfully communicate with each
other. Although the Commission is not mandating a particular standard
through incorporation by reference, the Commission expects that the
industry will ensure that all equipment, regardless of manufacturer or
vehicle integrator, is interoperable and that future iterations of
equipment based on evolving standards will be forwards and backwards
compatible to ensure that C-V2X technology delivers the expected safety
benefits to the American public.
Finally, the Commission recognizes that safety-related wireless
devices and services need to be secure to protect user privacy and
ensure efficient and timely delivery of the intended safety service.
The Commission prioritizes cybersecurity and privacy of consumer
communications through rulemaking and other activities. In addition,
cybersecurity and privacy actions specific to connected vehicles are
the focus of ongoing actions at the U.S. Department of Transportation
(U.S. DOT) with its C-V2X acceleration plan and at the U.S. Department
of Commerce's Bureau of Industry and Security with its proposed ban on
the sale or importation of connected vehicles integrating specific
pieces of hardware and software, or separately sold components, with a
sufficient nexus to the People's Republic of China or Russia. 89 FR
79088 (Sept. 26, 2024). The Commission expects that equipment
manufacturers implementing C-V2X technology will comply with existing
standards and best practices and collaborate with the automotive
industry to develop new guidance, standards, and best practices that
consider cybersecurity and privacy concerns to improve the C-V2X
security posture. The FCC will continue to monitor and engage with
federal and private sector partners on these vital issues.
Band Usage
The Commission's existing ITS rules lay out a hierarchical priority
system for messages. In the FNPRM, the Commission sought comment on
whether to retain the message priority hierarchy for C-V2X deployment
and whether the 5.895-5.925 GHz band should be limited to non-
commercial services or safety-of-life applications, and if so, how such
a restriction could be implemented. In this regard, the Commission
noted that because the stated purpose of ITS is to promote safety, it
was inclined to retain this message prioritization system in the rules
to help ensure successful transmission of the most important messages.
The Commission asked how ``safety-of-life'' should be defined, how
appropriate applications should be delineated, and whether such a
limitation could be established via changes to the licensee eligibility
requirements. Additionally, the Commission asked how the priority
requirement would work in the C-V2X environment and whether the
priority determination should continue to be associated with the type
of licensee or a more granular approach that considers the type of
message. As noted above, all C-V2X operations pursuant to the recently
granted waivers are limited to transportation and vehicle-safety
related communications.
Several commenters state that the upper 30 megahertz (5.895-5.925
GHz) of the 5.9 GHz band should be limited to safety-of-life or non-
commercial applications. In its comments, Auto Innovators states that
safety-of-life messages should always have priority when competing for
spectrum with other types of messages and that the Commission should
retain its three-tier message priority hierarchy. The Motor and
Equipment Manufacturers Assoc. (MEMA) also states that the Commission
should retain its existing message priority hierarchy, given the need
to ensure that the most important messages are successfully transmitted
over less critical messages. Robert Bosch LLC (Bosch) comments that a
hierarchical priority system is necessary to ensure safety-of-life
messages. Therefore, Bosch states that the FCC should preserve the
safety-of-life/public safety/non-priority framework for message
prioritization. Bosch recommends that the Commission allocate a
dedicated portion of the 30 megahertz to safety-of-life messages, which
would help ensure uninterrupted transmission of related messages. Bosch
claims that the remainder of the band could be used for both safety-of-
life messages and/or advanced safety services, thereby reducing the
risk of interference, while mitigating high channel load scenarios.
However, Bosch states that advanced safety messages that are not
strictly safety-of-life can also provide notable safety benefits as
well as improved efficiency. For example, Bosch contends that vehicle
platooning or timed vehicle intersection movement can be viewed as
beneficial functionalities within the transportation sector. Bosch
expressed agreement with the Alliance for Automotive Innovation that
the Commission should not overly restrict operations in the upper 30
megahertz to only safety-of-life operations and that it is critical for
the Commission to recognize the importance and value of
[[Page 100841]]
additional functions, such as vehicle platooning, that require use of
the spectrum.
Responding to the Commission's request that commenters address the
need for granularity in the three-tier message priority hierarchy, MEMA
states that, utilizing the existing framework, any messages that could
reduce the risk of an accident should receive priority over other
messages. For instance, MEMA mentions that public safety messages
should defer to safety-of-life messages, while messages that strictly
relate to traffic congestion, efficiency, or other non-safety issues
should only be transmitted when there is little risk of harmful
interference. On the other hand, MEMA asserts that commercial
operations should be permitted in the ITS band because a prohibition on
commercial operations ``will further disincentivize continued
innovation in V2X applications'' and, in any case, the distinction
between ``commercial'' vs. ``non-commercial'' services is undefined in
this context. AT&T suggests that the Commission should limit the ITS
band to non-commercial applications and services that promote road
safety, but allow the U.S. DOT to define specific road-safety related
applications and services that qualify for use in the 5.895-5.925 GHz
band. New America's Open Technology Institute (OTI) and Public
Knowledge (PK) state that prohibiting commercial activity on the upper
30 megahertz would be consistent with the auto industry's repeated
insistence on the critical need for additional spectrum for public
safety and collision avoidance purposes. Similarly, DSA questions the
automotive industry's claims that 30 megahertz is an insufficient
amount of spectrum for vehicular safety applications while it also
advocates for the ability to use that same 30 megahertz to support
commercial, non-safety applications and services. OTI/PK also state
that if the Commission does not prohibit commercial use, it would be
creating an incentive for both the auto and mobile industries to
underinvest in potential safety-of-life signaling applications in favor
of commercial applications that are quicker to monetize. OTI/PK
``continues to believe that requiring licensees to use public safety
spectrum exclusively for public safety best serves the public interest
and avoids any potential conflict between maximizing safety and
maximizing profit.''
The Intelligent Transportation Society of America (ITS America)
argues that spectrum use questions have traditionally been decided by
groups that construct standards for these technologies--namely, the
U.S. DOT, SAE International, or the Institute of Electrical and
Electronics Engineers (``IEEE''). ITS America asserts that these groups
have appropriately balanced the primacy of safety-of-life applications
and the possibility of commercial applications that could incentivize
V2X on-board unit deployment in private vehicle fleets. ITS America
contends that OTI/PK's suggestion to limit use of the 5.895-5.925 GHz
band to safety-of-life and public safety communications would
materially deter V2X investment and deployment, thereby limiting the
number of vehicles utilizing V2X safety measures. NCTA--The internet &
Television Association (NCTA) contends that it is unfair to allow
licensees to gain access to valuable spectrum without an auction. AT&T
states that limiting use of the spectrum to non-commercial applications
and services would prevent undue commercial gain from those deploying
C-V2X and allow the range of operations needed to improve road safety.
ITE and ITS America join MEMA in arguing that it is impractical to try
determining which applications are safety-of-life for the purposes of
restricting the use of the spectrum.
Given that the ITS remains focused on integrating radio-based
technologies to enhance the transportation and vehicular-safety related
ecosystem, the Commission agrees with those commenters that argue C-V2X
operations should be governed by a prioritization system that is
similar to the hierarchical system currently in place for DSRC. Thus,
safety-of-life messages have top priority, followed by public safety
communications, and then non-priority communications that promote road
safety and efficient, effective road use. The Commission disagrees with
commenters such as OTI/PK who state that allowing non-priority
communications in the band could lead to underinvestment in safety-of-
life applications. The Commission also disagrees with commenters such
as Bosch that the Commission allocate a dedicated portion of the 30
megahertz to safety-of-life messages. Given that the Commission is
prioritizing safety-of-life and public safety usage, the Commission
expects that C-V2X operators will focus their efforts on applications
within this range in order to effectively utilize the 30 megahertz of
spectrum made available to them in this document. The Commission adopts
C-V2X rules that reflect the existing DSRC message prioritization
hierarchy as follows (in order of precedence): safety-of-life, public
safety, and non-priority communications.
Based on the record in the FCC's proceeding, the Commission
believes that the communications prioritization hierarchy will ensure
that the ITS spectrum is not being used for communications and
applications that would impair the timely and reliable use of the
spectrum for safety of life and public safety communications. As a
practical matter, the Commission's decision to adopt a prioritization
system for C-V2X communications and the high priority to which safety-
of-life and public safety usage messages are entitled will limit the
extent to which other type of applications (such as those supporting
paid advertising and marketing messages) can be effectively developed
and deployed. The Commission notes that the distinction between
``commercial'' and ``non-commercial'' remains undefined in the C-V2X
context, and find limited information in the record to help the
Commission craft a meaningful and readily applicable definition at this
time. The Commission further notes that there is fundamental
disagreement in the record as to whether such a distinction would be
helpful or harmful to the realization of C-V2X's fundamental safety-
related objectives. Finally, there is no ``commercial'' component to
the definition the Commission adopts for C-V2X, which is limited to
operations ``related to the improvement of traffic flow, traffic
safety, and other Intelligent Transportation System applications.''
Given the evolving nature of the C-V2X technology integration, the
Commission will continue to assess how the C-V2X technology in the
upper 30 megahertz develops and promotes safety-of-life applications
and public safety services and whether a further change to the band
usage would maximize the spectrum usage without compromising the
intended safety purposes to be supported by the 5.9 GHz band.
The Commission also sees no reason to modify the structure by which
C-V2X licenses are licensed under parts 90 and 95 of its rules,
notwithstanding NCTA's contention that the value of the spectrum
warrants use of an auction process unless the spectrum's use is
restricted to safety-of-life services. As an initial matter, RSU/OBU
licenses are issued on a non-exclusive basis and the Commission sees no
need to revise that approach based on the record here. Because the
Commission's RSU/OBU licensing process does not contemplate the
acceptance of mutually exclusive applications, there is no basis to use
an auction process. The Commission also
[[Page 100842]]
sees no reason to deviate from the history of this band that supported
the prior DSRC licensing process. Under the Transportation Equity Act
for the 21st Century, Public Law 105-178, 112 Stat. 107 section 5206(f)
(1998), Congress directed the Commission to consider the spectrum needs
for ITS. The subsequent allocation of the 5.9 GHz band was made based
on a finding that DSRC applications would be a key element in meeting
the nation's transportation needs and improving highway safety.
Additionally, in the DSRC Report and Order, 64 FR 66405 (November 26,
1999), the Commission decided against an auction requirement for ITS
licensees, as users would already be subject to licensing and
regulatory fees.
Channel Bandwidth
In the FNPRM, the Commission proposed a ``light touch'' regarding
C-V2X channel bandwidth, essentially retaining the remaining portion of
the ITS band plan in place for the legacy DSRC technology beyond the
transition to C-V2X-based technology. In this regard, the Commission
described ``the existing ITS band plan'' in the upper 30 megahertz as
containing three, 10-megahertz DSRC channels: channels 180, 182, and
184 corresponding to 5.895-5.905 GHz, 5.905-5.915 GHz, and 5.915-5.925
GHz, respectively. Channels 180 and 182 can be combined into channel
181 (5.895-5.915 GHz) to provide a single 20-megahertz channel. In the
FNPRM, the Commission sought comment on whether this band plan,
specifying three 10-megahertz channels, inter alia, should apply to C-
V2X operations. Specifically, the Commission asked whether the band
plan should continue to accommodate combining two channels into a
single 20-megahertz channel; whether channels 182 and 184 should be
permitted to be combined into a single 20-megahertz channel; and
whether all three channels should be permitted to be combined and used
as a single 30-megahertz channel. The Commission further asked what
consequences any of these channel bandwidths would have on C-V2X
deployment and adoption and how a completely flexible band plan versus
a prescriptive band plan would affect the ability of C-V2X technology
to maximize efficient and effective use of the band. In this regard,
the Commission urged commenters to provide sufficient detail regarding
their preferred band plan and how such a plan could work with C-V2X and
all other operational and technical rules being addressed, such as
power limits and out-of-band emissions limits.
Some commenters state that the Commission should refrain from an
overly prescriptive plan and instead allow C-V2X operators to utilize
the upper 30 megahertz in a flexible manner. Other commenters state
that C-V2X channelization issues should be determined by the
transportation industry. Arguing for maximum flexibility, AT&T cites
the continued evolution of C-V2X and states that the Commission should
continue to allow ``10 MHz channels and, through their aggregation,
wider 20 MHz and 30 MHz channels.'' The Utah Department of
Transportation (UDOT) similarly echoes the desire for the band plan to
continue to accommodate combining two 10-megahertz channels into a
single 20-megahertz channel for C-V2X. The Motor Equipment and
Manufacturers Association (MEMA) argues for retaining the existing ITS
30-megahertz band plan following the transition to C-V2X, saying that
``by retaining separate channels within the ITS band, licensees can
better support safety-of-life use cases which rely on more stringent
requirements in terms of safety, security, prioritization, and resource
availability.''
Given the Commission's preference for a light touch to minimize
disruption to ongoing transition activities, the Commission will
continue to provide for 10-megahertz channel bandwidths, resulting in
three channels: 5.895-5.905 GHz, 5.905-5.915 GHz, and 5.915-5.925 GHz,
respectively. The Commission will allow users to combine the 10-
megahertz channels into 20 megahertz contiguous channels or a single
30-megahertz channel without restriction, thus accommodating various
ITS applications and services. Additionally, because the current
channel number designations reflect the original DSRC band plan and
related standards, such designations are not relevant to C-V2X and the
Commission therefore do not assign channel number designations to the
10-megahertz bandwidths in the C-V2X rules adopted in this document.
This band plan will provide maximum flexibility to enable the ITS
industry, which is in the early stages of implementing C-V2X systems,
to evolve and modify operations as necessary to use the band in the
most efficient way possible to deliver safety applications to the
American public.
Communications Zones
The 5.9 GHz band ITS spectrum is shared and licensed in non-
exclusive geographic areas based on geo-political boundaries. To
maximize the use within this shared spectrum, the Commission's rules
require that each registered RSU designate its intended area of
operation or ``communications zone'' and that such communications zones
be the smallest necessary. Under the rules, a communications zone is
defined as the service area associated with an individual fixed RSU.
The communications zone radius is derived from the RSU equipment class
specified in 47 CFR 90.375. In the FNPRM, the Commission proposed to
retain the ``communications zone'' designations currently in the rules
and require RSUs to specify their intended zone, believing this would
maximize spectrum use among all users, continue to ensure that stations
only cover their intended area, and provide opportunities for other
licensees to install RSUs for other nearby areas without mutually
interfering. The Commission asked commenters to address whether the
current communications zone distance limits should be retained without
change, modified, or eliminated. The Commission also sought comment on
what effect any proposed changes would have on the ability for C-V2X to
deploy new systems and continue operating into the future. The
Commission also sought comment on whether it should continue to specify
both transmitter output power and radiated power levels for
communications zones.
In response, 5GAA states that, while DSRC technology theoretically
was required to utilize RSU communications zones to manage congestion,
use of communications zones did not occur in practice, and C-V2X does
not require a similar mechanism for congestion control. 5GAA recommends
revisions to 47 CFR 90.375 and 90.377 of the rules to remove references
to communications zones and the associated output power limits.
Furthermore, as noted in this document, the Bureaus recently granted
waivers to parties requesting to deploy C-V2X operations in the upper
30-megahertz portion of the 5.9 GHz band (5.895-5.925 GHz) prior to
adopting final C-V2X-based rules. Notably, C-V2X waiver applicants did
not specify communications zones in their waiver requests and requested
waiver of that rule section. Consequently, as part of those grants, the
Bureaus permitted C-V2X RSUs and OBUs to operate with a 33 dBm EIRP and
without transmitter output power limits. Waiver grant recipients are
not required to designate communications zones or limit their
transmitter output power or EIRP for designated communications zone
sizes in their areas of operation.
The Commission finds that retaining the existing communications
zone construct is unnecessary as ITS evolves
[[Page 100843]]
from DSRC to C-V2X technology. Based on information contained in the
record indicating that DSRC operations did not utilize communications
zones to manage congestion and that C-V2X operations do not require
such a mechanism to manage congestion, along with the fact that no C-
V2X waiver applicants requested communications zone designations, the
Commission concludes that the communications zone definitions,
designations, and associated reduced power limits are unnecessary to
manage congestion control in C-V2X operations. Thus, the C-V2X rules
adopted herein do not include communications zone requirements. See the
Final Rules, 47 CFR 90.7, 90.375, 90.377 for these rule changes.
C-V2X Technical Requirements
Power and Antenna Height Limits for C-V2X Roadside Units (RSUs)
Power. The Commission's current DSRC rules specify the maximum
radiated RSU power permitted on each channel, ranging generally from 23
dBm to 33 dBm, but permitting State and local government entities to
radiate at higher levels on the control channel (channel 178) at up to
44.8 dBm and on the public safety priority channel (channel 184) at up
to 40 dBm. In the FNPRM, the Commission sought comment on what RSU
power levels should be associated with each communications zone,
channel, and user under the modified ITS band plan, and whether the
rules should continue to permit higher radiated power for State and
local government entities or be consistent among all users as a way of
maximizing spectrum use and controlling potential harmful interference
between users. The Commission sought comment on whether RSU radiated
power should be limited to 23 dBm as specified for some channels, 33
dBm as specified for others, or some other value, such as permitting
higher power on a control channel; whether the rules should continue to
specify both output power (power delivered to the input of the
transmitting antenna) and radiated power levels for communications
zone/channel combinations, or whether it would be more appropriate to
specify only a radiated power limit, and specify power as a power
density (power per unit of frequency, commonly known as power spectral
density (PSD)) to normalize power for wider bandwidth channels, if the
use of such channels is still permitted; and whether compliance with
the limits should be determined with a root mean square (RMS) detector
(i.e., average measurement) or with a peak detector.
5GAA recommends adopting a maximum 33 dBm EIRP without transmitter
output power limits for C-V2X RSUs to promote more robust safety
services and maximize the overall benefits of C-V2X safety services. A
broad range of commenters support 5GAA's recommendation. Auto
Innovators contends that raising the RSU EIRP limit in this manner
would provide more flexibility to C-V2X operations. DENSO International
America, Inc., on behalf of DENSO Corporation and its US affiliate
(DENSO) supports a maximum 33 dBm EIRP for C-V2X RSUs to provide more
protection from unlicensed device out-of-band emissions from the
adjacent 5.850-5.895 GHz U-NII-4 band. 5G Americas supports 5GAA's
recommendation for C-V2X RSU's in-band power limit because the proposal
is consistent with 3GPP physical layer standards. In response to the
5.9 GHz NPRM proposal, the National Telecommunications and Information
Administration (NTIA) supported a maximum RSU EIRP limit of 33 dBm. In
its comments on the Joint Waiver Parties C-V2X waiver request, which
only specified the 5.905-5.925 GHz band, NTIA supported an RSU EIRP
limit of 33 dBm over a 20-megahertz channel (33 dBm/20 MHz) at 5.905-
5.925 GHz, and then, in its October 2020 Technical Report, an RSU EIRP
limit of 33 dBm in the lower 10-megahertz channel (33 dBm/10 MHz) at
5.895-5.905 GHz. In its June 7, 2024 letter, NTIA further expressed
support for the 33 dBm limit throughout the entire 30 megahertz. NTIA
expressed agreement with the Commission's conclusion that requiring
coordination for ITS RSU installations located within a section 90.371
coordination zone is the best approach to facilitate sharing with
federal systems. The Commission received no comments on whether it
would be appropriate to specify the EIRP as a PSD, or whether
compliance with the EIRP limits should be evaluated using RMS or peak
measurements.
After consideration of the record, the Commission adopts an EIRP
PSD limit for C-V2X RSU operations, without any limit on the
transmitter output power. Because the PSD limit will limit the overall
EIRP, the Commission sees no need to also adopt a corresponding maximum
EIRP limit. By specifying radiated power limits, without a transmitter
output power limit, the Commission offers more flexibility for RSU
stations to provide reliable service in a given coverage area, and
enable licensees to select the most efficient and effective equipment
parameters to meet their coverage requirements, while protecting
incumbent federal radiolocation stations from harmful interference. An
EIRP PSD limit will keep the power even across the channel to avoid
RSUs concentrating energy in a narrow bandwidth, thereby keeping the
harmful interference potential low, and promoting more efficiency/
higher data throughput by making the use of wider bandwidth channels
more attractive when RSUs are transmitting. Although the Commission
adopts these general limits, the Commission notes that if C-V2X RSUs
are to be located within a coordination zone identified in 47 CFR
90.387(b), they must first be coordinated with NTIA. As recommended in
the NTIA letter and supported in the record, the Commission adopts a 33
dBm/10 MHz, 33 dBm/20 MHz, and 33 dBm/30 MHz EIRP PSD limits for C-V2X
RSUs These power levels will enable ITS systems to operate over their
intended service areas and protect federal incumbent radar systems for
any RSU location outside the coordination zones.
Consistent with the measurement procedure for out-of-band emissions
from unlicensed devices that operate in the 5.850-5.895 GHz (U-NII-4)
and 5.925-6.425 GHz (U-NII-5) bands, the Commission permits compliance
with the RSU EIRP limits to be determined using RMS measurements rather
than requiring peak measurements. As the Commission has previously
determined, RMS measurements are more appropriate to characterize a
transmitter's operation because peak power may only be reached
occasionally and for short periods of time, whereas RMS measurements
represent the continuous power being generated from a device.
Antenna height. The Commission's rules restrict DSRC RSU antenna
height to limit their signals within their designated zones to the
extent practicable. RSU antenna height is currently limited to 8 meters
at full power and may be as high as 15 meters with a corresponding
power reduction. In the FNPRM, the Commission sought comment on whether
the existing RSU antenna height limitations in the rules are justified,
if there are any reasons to permit higher antenna heights, and whether
licensees should continue to be required to reduce their power for
higher RSU antenna heights as a way of controlling coverage area and
reducing the potential for harmful interference. In the C-V2X waiver
grants noted in this document, the Commission requires compliance with
the existing RSU antenna height limitation requirements.
[[Page 100844]]
In its comments, 5GAA recommends that the Commission retain the
existing RSU antenna height limitations and associated power reduction
requirement for roadside antennas over 8 meters in height up to a
maximum of 15 meters. DENSO contends that the power and antenna height
issues require sufficient technical study and should be agreed to by
all stakeholders because these technical requirements have a
significant impact on V2X communication system performance and cost.
The Commission agrees with 5GAA that the existing limitations on
roadside unit transmitting antenna height and associated power
reduction requirement for RSU transmitting antennas over 8 meters in
height up to a maximum of 15 meters should be retained in the
Commission's rules. These limitations have been successful in enabling
coexistence within the band and preventing harmful interference between
ITS DSRC operations and to other incumbent operations in the 5.9 GHz
band while also enabling sufficient signal coverage over the localized
areas being served by each RSU. Retaining the roadside antenna height
limits and the associated power reduction requirements for antennas
more than 8 meters in height will continue to provide a known spectral
environment for C-V2X systems so that network designers can create
efficient systems while reducing the potential for harmful interference
with other ITS licensees and incumbents in the 5.895-5.925 GHz band.
Thus, the Commission retains the roadside unit antenna height
limitations and associated power reduction requirement currently
specified in the Commission's rules. In instances where the maximum RSU
EIRP must be reduced due to an antenna height greater than 8 meters
above the roadway surface, the RSU PSD limits must be equivalently
reduced.
Power Limits for C-V2X On-Board Units (OBUs)
Under the Commission's part 95 rules, DSRC OBU transmitters
operating in the 5.895-5.925 GHz band must comply with technical
standard Institute of Electrical and Electronics Engineers (IEEE)
802.11p-2010 for wireless access in vehicular environments. For
vehicular and portable on-board units, IEEE standard 802.11p-2010
specifies maximum transmitter output power (power supplied to the input
of the transmitting antenna) limits ranging from 1 mW (0 dBm) to 760 mW
(28.8 dBm), and maximum radiated power (EIRP) permitted on each channel
ranging generally from 23 dBm to 33 dBm, but permitting State and local
government entities to radiate at higher levels up to 44.8 dBm. In the
FNPRM, the Commission sought comment on whether it should modify these
power rules for application to C-V2X on-board units. The Commission
proposed to limit C-V2X OBU transmitter output power to no more than 20
dBm and EIRP to no more than 23 dBm, believing these power levels to be
appropriate for C-V2X vehicular and portable devices. The Commission
sought comment on whether it should increase the OBU EIRP limit to 33
dBm and whether such an increase would affect the ability of C-V2X
roadside units to co-exist with and protect federal radiolocation
stations. Further, in this context, the Commission also reminded
commenters of the need to simultaneously ensure that portable on-board
units comply with the Commission's radiofrequency (RF) radiation
exposure limits.
In its comments, 5GAA recommends increasing the C-V2X OBU EIRP
limit to 33 dBm and eliminating the transmitter output power limit
requirement. A broad range of commenters support this 5GAA
recommendation. Ford Motor Company (Ford) stated ``that the transmit
power limit for OBUs should be specified only as an EIRP of 33 dBm RMS
to provide broader coverage including emergency/public safety
vehicles.'' Ford submits that ``an increased EIRP limit (achieved
through a combination of higher transmit power and antenna gain) will
allow C-V2X-OBU equipped vehicles to communicate more effectively among
each other and with C-V2X RSUs. This additional flexibility can be
useful to first responders and public safety vehicles in providing
higher reliability and range for their safety critical needs (e.g.,
traffic light preemption).'' Auto Innovators similarly supports 5GAA's
proposed power limits to provide more flexibility for C-V2X operations.
Fiat Chrysler Automobiles supports swift adoption of 5GAA's
proposed C-V2X service rules to facilitate deployment in the U.S. 5G
Americas supports 5GAA's proposed C-V2X technical rules, including the
OBU in-band power limit, because it is consistent with 3GPP physical
layer standards. OTI/PK agree that the Commission should adopt 5GAA's
proposal and authorize on board units to operate at up to 33 dBm, if
feasible. Dynamic Spectrum Alliance (DSA), a global, cross-industry
alliance focused on increasing dynamic access to unused radio
frequencies and unlicensed usage proponent, supports 5GAA's request for
OBUs to operate with a 33 dBm EIRP.
In its reply comments, NCTA states that the 5GAA proposal would
increase power tenfold without addressing NTIA guidance relating to the
protection of radiolocation exclusion zones. Further, NCTA suggests
that ``if the Commission determines that C-V2X OBUs can operate at such
high power (i.e., up to 33 dBm) without the need for exclusion zones,
it should also permit U-NII-4 devices to operate using at least the
same power level without exclusion zones, as they would pose a
significantly lower risk of potential harmful interference to federal
radars than similarly powered C-V2X devices.''
Subsequent to the comment period, 5GAA modified its original
support for a general 33 dBm EIRP limit by suggesting that the
Commission's rules should allow the OBU EIRP limits that were granted
in the C-V2X waivers i.e., OBUs operating in the 5.905-5.925 GHz band
may operate at 33 dBm EIRP, but not exceed 27 dBm EIRP within <plus-
minus>5 degrees of horizontal. 5GAA states that OBUs that seek to
operate at up to 33 dBm within <plus-minus>5 degrees of horizontal can
implement a geolocation function to reduce their power to the 27 dBm
EIRP level when operating near federal radar sites that require
protection.
In its Technical Report submitted in response to the 5.9 GHz NPRM,
NTIA determined that OBUs operating at 23 dBm EIRP or less would not
need to be coordinated to protect federal operations in the 5.905-5.925
GHz band, thus providing an implied power limitation for non-NTIA
coordinated ITS operations. Subsequently, in its comments on the Joint
Waiver Request filing, NTIA supported a maximum 33 dBm OBU EIRP limit
for the C-V2X operations in the 5.905-5.925 GHz band. However, to
adequately protect the primary federal radiolocation services operating
in the 5.9 GHz band during the period in which devices are operating
under a waiver, NTIA requested that C-V2X OBUs be limited to 27 dBm
EIRP within <plus-minus>5 degrees in elevation from the horizontal
plane. The granted waivers limit OBU operations and power reduction
conditions to the 5.905-5.925 GHz band, as requested by NTIA.
On June 7, 2024, NTIA submitted a letter to the Commission
providing additional information in response to the 5.9 GHz FNPRM. The
NTIA letter addressed, among other things, the C-V2X OBU EIRP limits
necessary for ``the protection of federal radiolocation systems.'' As
the NTIA's OBU proposal, which was similar to the most recent 5GAA
proposal, differed from the Commission's initial 5.9 GHz FNPRM
[[Page 100845]]
proposal, OET issued a Public Notice on June 11, 2024 inviting comment
on the proposal. The NTIA proposal, as set forth in the OET Public
Notice, would permit OBU devices to optionally incorporate geofencing
techniques to protect federal radiolocation sites from harmful
interference, while operating with higher power in otherwise unaffected
areas. In sum, for geofenced devices, the Public Notice proposal would
provide a 33 dBm EIRP PSD limit over the operating bandwidth in areas
outside of coordination zones. Such devices would rely on a geofencing
capability to limit the EIRP PSD to 23 dBm for operations that utilize
the 5.895-5.905 GHz band within coordination zone areas and 27 dBm
within <plus-minus>5 degrees of horizontal for coordination area
operations that exclusively use the 5.905-5.925 GHz band. Geofenced
devices operating in any portion of the 5.895-5.905 GHz band would have
to abide by the ``worse-case'' 23 dBm limit if operating within the
coordination zones. Devices that do not incorporate a geofencing
capability would be required to meet the aforementioned restrictions at
all locations.
Additionally, NTIA asks that the Commission adopt specific
compliance requirements to ensure geofencing capabilities are properly
implemented. In this regard, NTIA suggests that manufacturers
implementing a geofencing capability would need to specifically
demonstrate and certify compliance of the capability within the FCC's
equipment certification process specified in part 2 of the Commission's
rules. Further, in the event that interference protection requirements
are changed, resulting in updated protection zones, the device should
include a mechanism to update the OBUs with new information within a
reasonable timeframe.
Comments filed in response to the Public Notice support the
optional use of geofencing techniques. In its comments, the Intelligent
Transportation Society of America (ITS America) states that it supports
NTIA's proposal related to optional geofencing capabilities and
appreciates the flexibility that the proposal provides to C-V2X
operations with regards to power levels. ITS America further states
that updating geofencing parameters for deployed devices poses
challenges and will require collaboration among government and industry
stakeholders to successfully implement. Auto Innovators also supports
the use of geofencing techniques to enable operations at less
restrictive EIRP levels.
Support for geofencing techniques also came from additional
commenters, including the 5G Automotive Association, the American
Association of State Highway and Transportation Officials, the
Institute of Transportation Engineers, and the Wireless Infrastructure
Association. These commenters recommend the Commission define two
distinct C-V2X channels, specifically focusing on the lower 10
megahertz channel at 5.895-5.905 GHz and the upper 20 megahertz channel
at 5.905-5.925 GHz. Doing so, they say, will ensure interoperability
within the band. These commenters also request that the Commission
adopt rules requiring C-V2X operators to look to the NTIA website for
information on the location of coordination zones. Both the
Commission's rules and the NTIA's comments in this document specify 47
CFR 90.371(b) of the rules as the location of the coordination zones
necessary to protect federal radiolocation systems. Lastly, these
commenters also recommend including provisions in the rules that would
require an OBU equipped with geofencing capability to lower its
transmit EIRP to the appropriate level within 60 seconds of entering
the power reduction zone.
Based on consideration of the record, the Commission adopts power
limit rules for C-V2X OBUs that provide for optional use of
``geofencing'' techniques to allow the OBUs to operate at a higher
radiated power in some locations. As the Commission has discussed,
geofencing technique involves a radiofrequency device using a
geolocation capability to determine whether its geographic coordinates
are within a defined geographic area. In the instant case,
``geofenced'' OBU devices would incorporate a geolocation capability to
be aware of the appropriate protection areas around federal
radiolocation sites. The OBUs would be programmed with the existing
5.895-5.925 GHz band federal radiolocation sites' coordination zones
(specified by geographic coordinates and a radius) to ensure that they
operate with lower power levels within the protected areas. OBU
equipment that does not incorporate this geolocation capability would
be required to comply with the more restrictive OBU EIRP limit.
Thus, reflective of NTIA's June 7, 2024 recommendation and to allow
the maximum flexibility possible for C-V2X OBU operations while still
protecting incumbent federal radar operations in the band from harmful
interference, the Commission will permit C-V2X OBUs with geolocation
capabilities to operate with up to the maximum 33 dBm/10 MHz, 33 dBm/20
MHz, and 33 dBm/30 MHz EIRP PSD outside of a 47 CFR 90.387(b)
coordination zone. Within the coordination zones, the following limits
will apply: all operations that include use of the 5.895-5.905 GHz
channel (i.e., 5.895-5.905 GHz, 5.895-5.915 GHz, and 5.895-5.925 GHz)
are limited to a 23 dBm EIRP over the channel bandwidth; all other
channels (i.e., 5.905-5.915 GHz, 5.915-5.925 GHz, 5.905-5.925 GHz
operations) are limited to 33 dBm over the channel bandwidth, but must
be reduced to 27 dBm over the channel bandwidth within <plus-minus>5
degrees of horizontal in elevation. OBUs not equipped with geofencing
capability will be limited to the power levels specified for operation
within the coordination zones. Manufacturers incorporating geofencing
capability for an OBU will need to specifically demonstrate and certify
that the device implements the capability in a manner that complies
with the requirements discussed herein when seeking an FCC Equipment
Certification under part 2 of the Commission's rules. If geofencing
locations and parameters are subsequently modified, a mechanism should
be available such that OBUs can be updated with the new information.
The Commission further declines to implement recommendations from
parties responding to the Public Notice that the Commission re-
channelizes C-V2X operations into two distinct 10 megahertz and 20
megahertz channels. As stated in the channel bandwidth section above,
the Commission is providing maximum flexibility to enable the ITS
industry to evolve and modify operations as necessary to use the band
in the most efficient way possible to deliver safety applications to
the American public. The Commission also declines these parties'
recommendation that the Commission adopt rules requiring C-V2X
operators obtain coordination zone information from NTIA's website.
However, the Commission does support industry and government
collaboration on additional means of obtaining this information. To
that end, the Commission notes that NTIA has developed machine readable
KML files for download from its website that can be used by C-V2X
devices for determining if they are within a coordination zone. The
Commission also declines to implement a 60-second EIRP adjustment
requirement after an OBU enters a coordination zone. The rules require
C-V2X devices to comply with the power limits for their location and
manufacturers must ensure that devices operate such that they comply
with the rules for their location. Thus,
[[Page 100846]]
a specific requirement, such as a 60-second adjustment period is not
necessary.
Although the rules the Commission adopts today permit OBUs to
operate at up to 33 dBm (with geolocation capability), the Commission
declines to grant similar power limits for U-NII-4 devices at this
time. The Second Report and Order is focused solely on C-V2X operations
in the 5.9 GHz band and issues related to U-NII-4operations as
contemplated in the FNPRM remain pending. Although NCTA suggested that
the Commission should simultaneously address U-NII-4 outdoor rules and
C-V2X service rules, the record has not been sufficiently developed to
address the interference dynamics to licensed operations from the
outdoor U-NII-4 operations, including the federal radar operations.
Application of the 2023 Policy Statement regarding the spectrum
management will be considered when outdoor U-NII-4 operation is
addressed.
Out-of-Band Emissions Limits for C-V2X Roadside Units and On-Board
Units
Under the Commission's part 90 and 95 rules, DSRC RSU and OBU
transmitters operating in the 5.895-5.925 GHz band must comply with
IEEE standard 802.11p-2010 for wireless access in vehicular
environments. Under this standard, the applicable out-of-band emissions
(OOBE) EIRP limits are:
<bullet> -16.0 dBm/100 kHz at the channel edge;
<bullet> -22.0 dBm/100 kHz at 1 megahertz from the channel edge;
<bullet> -30.0 dBm/100 kHz at 10 megahertz from the channel edge;
and
<bullet> -40 dBm/100 kHz at 20 megahertz from the channel edge.
In the recently granted C-V2X waivers, the Bureaus require C-V2X
RSUs and OBUs to comply with these IEEE 802.11p-2010 OOBE limits.
In the FNPRM, the Commission proposed that all C-V2X equipment
limit OOBE measured at the antenna input (i.e., conducted limits) to:
<bullet> -29 dBm/100 kHz at the band edge;
<bullet> -35 dBm/100 kHz at <plus-minus>1 megahertz from the band
edge;
<bullet> -43 dBm/100 kHz at <plus-minus>10 megahertz from the band
edge; and
<bullet> -53 dBm/100 kHz at <plus-minus>20 megahertz from the band
edge.
The Commission also proposed to limit out-of-band radiated
emissions to -25 dBm/100 kHz or less EIRP outside the 5.895 GHz and
5.925 GHz band edges. The Commission sought comment on these proposed
limits and whether they would continue to be appropriate for C-V2X
equipment. Additionally, in the FNPRM, the Commission noted that 5GAA,
in its comments to the 5.9 GHz NPRM, recommended the following C-V2X
conducted OOBE limits for RSUs and OBUs:
<bullet> -16 dBm/100 kHz at <plus-minus>1 megahertz of the band
edge;
<bullet> -13 dBm/MHz at <plus-minus>1 megahertz to <plus-minus> 5
megahertz of the band edge;
<bullet> -16 dBm/MHz at <plus-minus>5 megahertz to <plus-minus> 30
megahertz of the band edge; and
<bullet> -28 dBm/MHz beyond 30 megahertz from the band edges.
The Commission sought comment on 5GAA's proposed limits, asking
whether it should adopt those alternative OOBE limits; what effect
those relaxed limits would have on the ability to design and
manufacture C-V2X equipment; how they would affect equipment cost; and
whether the limits would ensure compatibility with adjacent U-NII
devices in both the U-NII-4 (5.850-5.895 GHz) and U-NII-5 (5.925-6.425
GHz) bands, which are below and above the modified ITS band,
respectively; and what effects those limits would have on adjacent band
fixed services in the 6 GHz band. The Commission also sought comment on
the measurement standards that should be associated with equipment
approval for verifying that C-V2X equipment meets whatever OOBE limits
it ultimately adopts.
In response, 5GAA recommends that the Commission provide more
flexibility for C-V2X operations by adopting the OOBE limits for RSUs
and non-public safety OBUs that it had previously proposed. Their
proposed limits are less restrictive than the OOBE limits the
Commission proposed in the FNPRM and specified in the C-V2X waiver
grants. For RSUs and non-public safety OBUs, 5GAA recommends that the
Commission adopt the following conducted OOBE limits:
<bullet> -16 dBm/100 kHz at <plus-minus>1 megahertz of the band
edge;
<bullet> -13 dBm/MHz at <plus-minus>1 megahertz to <plus-minus>5
megahertz of the band edge;
<bullet> -16 dBm/MHz at <plus-minus>5 megahertz to <plus-minus>30
megahertz of the band edge; and
<bullet> -28 dBm/MHz beyond 30 megahertz from the band edges.
To help ``improve the performance and speed the delivery of
critical C-V2X services to fire trucks, police vehicles, ambulances,
and other public safety vehicles,'' 5GAA recommends that the Commission
adopt the following conducted OOBE limits for OBUs operating from such
vehicles:
<bullet> -10 dBm/100 kHz at the band edge linearly decreasing to -
26 dBm/100 kHz at <plus-minus>20 megahertz from the band edges;
<bullet> -16 dBm/MHz within 20 to 30 megahertz from the upper band
edge and within -30 megahertz to -20 megahertz from the lower band
edge; and
<bullet> -28 dBm/MHz beyond 30 megahertz from the band edges.
A broad range of commenters support 5GAA's recommended C-V2X OOBE
limits. 5G Americas supports adopting 5GAA's recommended OOBE limits
because they are consistent with 3GPP physical layer standards. Auto
Innovators urges the Commission to adopt 5GAA's recommended C-V2X OOBE
limits, rather than the OOBE limits proposed in the FNPRM, because the
more relaxed OOBE limits recommended by 5GAA would ``facilitate both C-
V2X's evolution and more robust safety services for travelers'' given
V2X's reduced spectrum allotment. CNH Industrial America LLC urges the
Commission to provide slightly more relaxed OOBE limits for safety
messages transmitted in ``off-road'' rural areas. Qualcomm expresses
support for 5GAA's recommended OOBE limits for RSUs and OBUs that
operate in the upper 30-megahertz portion of the 5.9 GHz band. Fiat
Chrysler Automobiles also supports 5GAA's recommended C-V2X service
rules to facilitate deployment in the U.S. Ford expresses its belief
that the power and emissions rules 5GAA specified in its comments on
the FNPRM are essential.
T-Mobile expresses support for technical rules for C-V2X operations
that are based on 3GPP standards and potentially more permissive
requirements if they are necessary to fully maximize C-V2X operations
and are based on sound technical analyses. However, Autotalks urges the
Commission not to adopt the 3GPP's C-V2X OOBE values because they are
too strict, would be challenging to implement, require a filter in most
systems that would increase costs, and add an insertion loss that would
decrease the system reception sensitivity and communication range.
According to Autotalks, 5GAA's recommended OOBE limits can be supported
without adding a filter.
On the other hand, NCTA--The internet & Television Association,
argues that 5GAA's push for relaxed OOBE limits for C-V2X operations in
the 5.895-5.925 GHz band threatens to undermine Wi-Fi across the
country; those OOBE limits could erode reliance on Wi-Fi in the new U-
NII-4 band adjacent to C-V2X operations in the 5.895-5.925 GHz band.
Instead of adopting 5GAA's recommended limits, NCTA recommends adopting
the C-V2X
[[Page 100847]]
OOBE limits the Commission proposed in the FNPRM, claiming those limits
are sufficient for C-V2X operations and support compatibility with
adjacent U-NII operations. NCTA argues that the Commission should
reject 5GAA's proposed OOBE limits because C-V2X advocates have failed
to describe the impact of these more permissive levels on the
Commission's goal of making the U-NII-4 and U-NII-5 bands a success for
Wi-Fi service. In response, 5GAA asserts that the Commission should
dismiss NCTA's assertion, which 5GAA characterizes as baseless both
because it is made without any technical support and because unlicensed
broadband communications inside buildings should not be impacted, much
less undermined, by C-V2X operations occurring on roadways.
Based on consideration of the record, the Commission adopts 5GAA's
recommended set of OOBE limits for all RSUs and OBUs. The Commission
declines to adopt different OOBE limits for public safety OBUs because
there is not enough information in the record to justify how more
relaxed OOBE limits for public safety OBUs can improve the performance
of critical safety message delivery. Also, because of the wide variety
of vehicles associated with public safety and uncertainty in whether
they get outfitted with ITS equipment by the manufacturer or through
aftermarket vehicle alterations, it would be administratively
burdensome for entities within the supply chain, equipment integrators
and installers, and agencies themselves to track different classes of
OBUs for different vehicles. Furthermore, having a single class of OBUs
would lower manufacturing costs as separate public safety and non-
public safety models are not necessary to design and build. Thus,
consistent with the limits recommended by 5GAA, the Commission adopts
the following conductive OOBE limits outside of the authorized 5.895-
5.925 GHz band for all RSUs and OBUs:
<bullet> -16 dBm/100 kHz within <plus-minus>1 megahertz of the band
edges;
<bullet> -13 dBm/MHz within <plus-minus>1 megahertz to <plus-
minus>5 megahertz of the band edges;
<bullet> -16 dBm/MHz within <plus-minus>5 megahertz to <plus-
minus>30 megahertz of the band edges; and
<bullet> -28 dBm/MHz beyond 30 megahertz from the band edges.
The OOBE limits the Commission is adopting are consistent with OOBE
limits the Commission has previously adopted to protect operations in
adjacent bands from harmful interference. These limits will provide
equipment manufacturers and C-V2X operators with the flexibility to
design, manufacture, and operate RSUs and OBUs, respectively, that will
help ensure reliable service while protecting adjacent bands operations
from harmful interference. Furthermore, the Commission does not expect
that the OOBE limits will impact, much less undermine, unlicensed
broadband communications inside buildings, as claimed by NCTA. The
separation distance between 5.895-5.925 GHz band C-V2X transmitters
operated on roadways and indoor unlicensed devices operating in
frequency bands adjacent to the 5.895-5.925 GHz band, coupled with
signal losses due to the angular antenna discrimination between the
respective transmitting and receiving antennas, and building
attenuation, will significantly reduce the power level of any C-V2X
OOBE received by a receiver operating on an unlicensed basis.
Technology Transition
In order to complete the transition to C-V2X technology in a timely
manner, in the FNPRM, the Commission proposed that all ITS operations
in the 5.895-5.925 GHz band either convert to C-V2X or cease operating
two years after the effective date of this document. The Commission
indicated that two years would be a sufficient timeframe to allow ITS
supply chains to amass C-V2X equipment and to allow the remaining DSRC
incumbents to sunset DSRC technology. The Commission asked commenters
for input on various timeline-related issues, including the state of C-
V2X equipment development, whether supply chains could readily
distribute such equipment, and whether vehicle manufacturers could
install C-V2X equipment within the proposed two-year timeframe.
Further, the Commission asked several questions related to the
technical implications of C-V2X and DSRC operations occurring
simultaneously in the 5.895-5.925 GHz band during the transition
period. In this regard, the Commission asked whether any geographic or
spectral separation requirements are necessary to ensure that
simultaneous DSRC and C-V2X operations do not result in harmful
interference and generally suggested that commenters address any
transitional operation concerns in the context of any comments
addressing technical parameters. Additionally, the Commission sought
comment on how it should treat DSRC OBUs after the final transition
date. The Commission asked commenters whether OBUs could be turned off
by that date, whether they could be modified to become C-V2X compatible
through hardware or software updates, whether the potential for harmful
interference existed if DSRC OBUs continued to communicate after the
final transition date, and whether the Commission should take
affirmative steps to notify the owners of vehicles equipped with DSRC
OBUs of the transition.
Commenters generally expressed agreement with the Commission's
proposal to mandate a two-year timeframe for DSRC incumbents to cease
operations. In its comments, the UDOT states that the two-year
timeframe is reasonable and adequate for most public agencies, but
stipulates that the process to replace its existing DSRC system would
make any timeframe shorter than two years unacceptable. Other
commenters suggest that issues such as procurement, engineering,
workforce training, testing, installation, and different budgetary
concerns all necessitate a minimum timeframe of two years. In its reply
comments, Hyundai states that an unreasonably short transition period
could prematurely discontinue ongoing deployments and research projects
or add an undue investment burden to entities that operate within
tighter budgetary constraints. The Institute of Transportation
Engineers, however, states that C-V2X testing and deployment should
serve as the main influence on the length of the transition timeframe,
rather than a strictly calendar view of the issue. MEMA suggests that,
during the transition period, 20 megahertz should be dedicated
exclusively to C-V2X, permitting DSRC operations on the remaining 10
megahertz until the phase out is complete. MEMA suggests this proposal
would reduce the chances of harmful interference occurring between DSRC
and C-V2X operations during the transition.
Given the time already elapsed since the Commission's decision to
adopt C-V2X technology in the 5.9 GHz band, and the information
provided in the record, the Commission believes that two years will
provide sufficient time for incumbents, industry, and suppliers to
sunset DSRC operations. The Commission believes this timeframe
adequately allows public entities with longer budgetary timelines to
procure compliant equipment and complete the sunsetting of DSRC. This
two year period will commence on the Federal Register publication date
of the rules adopted in the Second Report and Order. The Commission
finds good cause to start the two-year DSRC sunset effective with this
Federal Register publication of the Second Report and Order, rather
than the effective date of
[[Page 100848]]
the rules, because the Commission has provided ample notice of the
pending action and the intent to sunset DSRC operations. To effectuate
this transition period, new licenses issued after the effective date of
the final rules will only authorize C-V2X operations (not DSRC).
Recognizing the Commission will need time to update Universal Licensing
System (ULS) consistent with the new rules and policies here, the PSHSB
and WTB are directed to issue licensing and filing guidance to
licensees during the transition. Because of the lack of
interoperability between DSRC and C-V2X operations and the issuance of
multiple waivers allowing early C-V2X deployment, ceasing licensing of
DSRC as of the effective date of these rules will prevent circumvention
of the rules the Commission adopts here and ensure a timely transition.
Moreover, the period of time between release of the Second Report and
Order and the effective date of the rules provides additional time to
finalize or modify any pending license applications. The Commission
directs PSHSB and WTB to work with any prospective licensees with
pending applications to ensure compliance with this timeframe. Existing
licensees may use DSRC technology during the two-year transition period
and may file RSU modification applications as necessary to continue
operations during the transition period. The Commission delegates
authority to PSHSB and WTB to issue a public notice, if necessary,
detailing any filing requirements for licensees transitioning from DSRC
to C-V2X operations. The Commission also makes conforming and non-
substantive edits to the Commission's rules that are necessitated by
the decision to sunset DSRC technology in this document.
Regarding waivers for deployment of C-V2X operations in the upper
30-megahertz portion of the 5.9 GHz band (5.895-5.925 GHz), the
Commission hereby terminates those waivers issued prior to adopting
final C-V2X-based technical rules upon the effective date of the final
rules adopted herein. The Commission directs PSHSB and WTB to implement
any necessary license modifications in accordance with final rules. As
to equipment authorizations granted pursuant to the same waiver
authority, the Commission notes that the power limits and out-of-band
emissions limits permitted under waiver authority are within those that
the Commission adopted herein, with the exception of optional
geofencing. Thus, the Commission does not expect that such devices
would cause harmful interference and they may continue to be operated
and marketed under their existing equipment authorizations if the
authorization is received or in process (i.e., all required information
has been provided to a Telecommunication Certification Body) as of the
effective date of the final rules adopted herein. However, if any such
devices are subsequently modified, the device must comply with all
currently applicable rules, including those rules adopted herein.
The Commission declines to dedicate 10 megahertz to DSRC operations
during the transition, as MEMA suggests. Doing so would deprive C-V2X
operators of the opportunity to utilize the full bandwidth made
available through the FCC's proceeding during the transition, only to
require additional modifications and filings at the end of the
transition. Similarly, many existing DSRC devices would require
modification in order to operate on a dedicated channel or cease
operation on the C-V2X channels, an inefficient process given that any
requirement would only be temporary. The Commission further notes that
because most licensees provide the sole service within defined
geographic areas, such licensees can provision their systems
accordingly, if necessary, without a Commission imposed mandate. Thus,
the Commission expects instances where C-V2X and DSRC operations may
cause harmful interference to each other to be unlikely. In any event,
if harmful interference does occur, under the Commission's rules, the
later-filed licensee would be required to take any steps necessary to
protect the incumbent.
The Commission recognizes that there are existing DSRC OBUs that
have been deployed and are currently in operation, many of which are
operated on a licensed-by-rule basis. Commenters urge the Commission
not to dictate a particular method of compliance with any transition
deadline for OBUs. For example, the UDOT states that it would not be
possible to turn off these units remotely, nor would such an operation
be acceptable. UDOT further states that all of its DSRC OBUs will be
replaced with C-V2X OBUs before the final transition date, with the
replacement taking place at night to minimize service disruptions. The
Commission anticipates that other OBU operators will likely follow a
similar replacement strategy to replace DSRC OBUs with C-V2X OBUs, or
cease to use DSRC OBUs altogether, consistent with the cessation of
DSRC RSU operations. The Commission expects that any remaining DSRC
OBUs are unlikely to present significant interference concerns because
the opportunities for such devices to communicate with DSRC RSUs will
be significantly reduced throughout the transition period and
eventually eliminated, and the Commission believes that the continued
operation of DSRC OBUs will be minimal. Consistent with stakeholders'
calls for flexibility, while the Commission completes the sunset of
DSRC operations, the Commission will provide flexibility in ceasing
DSRC OBU operations. To assist licensees and operators, the Commission
directs PSHSB and WTB to conduct outreach providing appropriate
reminders and information to facilitate compliance with the DSRC sunset
date.
Finally, with respect to administrative issues associated with ITS
station licenses during this transition, in the First Report and Order,
the Commission modified all ITS licenses by eliminating authorization
to transmit in the 5.850-5.895 GHz band (lower 45 megahertz), thus
limiting authority to channels in the 5.895-5.925 GHz band (upper 30
megahertz). The Commission also required those licensees to exit the
lower 45 megahertz by a date certain and file a notification confirming
their timely exit. Where licensees failed to timely transition out of
the lower 45 megahertz and notify the Commission, those licenses
terminated automatically (but operators may seek a new license if they
wish to operate in the upper 30 megahertz). Today, the Commission
adopts flexible channelization rules permitting any licensee to operate
on any 10-megahertz channel (or aggregation of channels) in the upper
band. In light of this flexible approach, going forward, the Commission
will streamline its licensing mechanism to authorize each licensee to
use the entire 30-megahertz band on all of its RSUs, following
registration of those RSUs with the Bureaus.
Other Spectrum for ITS
The Commission sought comment on whether, notwithstanding its
determination that current safety-of-life services can continue to
operate using 30 megahertz of spectrum, it should consider allocating
additional spectrum for ITS applications. In this regard, the
Commission directed commenters to provide specific information
indicating why existing spectrum resources were inadequate and what
specific safety benefits would result from additional spectrum
allocations for ITS applications. Given that the Commission designated
C-V2X as the sole technology for 5.9 GHz ITS applications, it also
sought comment on how additional spectrum could be used to leverage C-
V2X and aid in its deployment.
[[Page 100849]]
Commenters generally support the prospect of the Commission
providing additional spectrum for C-V2X deployment. Some, such as
University of Michigan Transportation Research Institute (UMTRI) and
UDOT, take specific issue with the Commission's conclusion in the First
Report and Order that the record supported that 30 megahertz of
spectrum is sufficient to provide ITS basic safety functions, both
current and those under consideration in the near future. The Institute
of Transportation Engineers specifically states that it is ``important
to note that advanced C-V2X applications, including those that rely on
collective perception messages (CPM), maneuver coordination messages
(MCM), and personal safety messages (PSM) will likely be lost.''
Multiple commenters echo this sentiment, collectively stating that if
the Commission fails to provide additional mid-band spectrum for
safety-of-life and advanced safety applications, the utility of C-V2X
will be limited.
Many commenters that dispute the need for additional spectrum
express concerns that ITS advocates seeking additional spectrum under
the guise of providing safety-of-life services in fact intend to use
the additional spectrum for commercial, non-safety applications and
services. OTI/PK, in their reply comments, raise this exact concern,
stating that the Commission should ensure that it does not ``create
incentives for the auto and mobile industries to preempt future safety
mandates or needs by occupying ITS spectrum for commercial applications
or services.''
Commenters, such as 5GAA and the Alliance for Automotive
Innovation, request that the Commission identify an additional 40
megahertz of contiguous, mid-band spectrum for advanced V2X operations.
Multiple commenters implore the Commission to convene a working group
consisting of representatives from the U.S. DOT, NTIA, State
departments of transportation, and the private sector to identify and
validate additional spectrum for V2X services.
The Commission concluded in the First Report and Order that the 30
megahertz provided for ITS is sufficient to provide basic safety
services consistent with the objectives for this technology and the
Commission remains convinced that such spectrum is sufficient for that
purpose without the need for additional spectrum. Moreover, given that
the Commission is adopting a safety-of-life communication priority
hierarchy in the FCC's proceeding, the Commission is confident that
this spectrum will be preserved for those vital safety applications. As
C-V2X deployments are only just beginning, the Commission encourages
industry to fully test the bounds of the current spectrum allocation,
the C-V2X technology itself, and the technical parameters the
Commission prescribes in this document for its operation in order to
reach a full consensus on whether there is a need for additional
spectrum to support safety-of-life services. The Commission anticipates
that industry testing, system optimization, and evaluation of the
currently allotted spectrum will obviate the need for additional
spectrum allocations to support basic safety services.
Compensation or Reimbursement for Transition Costs
In the FNPRM, the Commission sought comment on the possibility of
compensating for transition costs, how such costs would be documented,
and the process by which such compensation would be determined or
implemented. The UDOT states that incumbent DSRC users must be
compensated for the cost of replacing their systems and that it should
be the manufacturers and users who benefit and profit from using
unlicensed technologies in the lower 45 megahertz that should pay those
transition costs. In comments considering the process by which such
costs would be implemented, UDOT references the method by which
microwave licensees in the 2 GHz band that were displaced in the mid-
1990's to make way for broadband Personal Communications Services were
compensated.
The Institution of Transportation Engineers (ITE) makes similar
arguments regarding compensating incumbents, stating that ``[t]he
funding source for these reimbursements could be covered by those who
are gaining benefit from the newly available 45 MHz of spectrum.'' The
Alliance for Automotive Innovation also states that the Commission
should require unlicensed new entrants to the band to compensate ITS
incumbents for their reasonable relocation costs.
Other commenters, however, dispute the need for unlicensed entrants
to reimburse DSRC incumbents. The National Cable and Telecommunications
Association (NCTA) states that ``it would be arbitrary and unreasonable
for the Commission to require individual purchasers of unlicensed
equipment or the broadband providers, companies, schools, libraries,
and hospitals that provide Wi-Fi networks to pay existing operators for
access to the U-NII-4 band, particularly after DSRC licensees failed to
make meaningful use of the band for 20 years.'' NCTA further expounds
on the lack of a reasonable mechanism to collect a levy on the
unlicensed entities, as well as the lack of a legal structure to force
payment.
OTI/PK also strongly oppose imposing a reimbursement mechanism.
OTI/PK cite the Commission's broad authority under 47 U.S.C. 316 to
modify licenses under the public interest standard, as well as
arguments against reimbursing incumbents for investing in failed
technology, and the impracticality of assessing and collecting user
fees from unlicensed users. The Wireless internet Service Providers
Association (WISPA) states that, in the instances cited by proponents
of the third-party reimbursement mechanism, such as UDOT above, the
Commission has never required unlicensed users to reimburse
transitioning licensees.
The Commission agrees with NCTA, OTI/PK, and WISPA regarding
reimbursement for DSRC incumbents. As the Supreme Court has held,
``[n]o licensee obtains any vested interest in any frequency.''
Moreover, Courts have repeatedly upheld the Commission's broad
authority under 47 U.S.C. 316 to modify licenses so long as it is in
the public interest. 47 U.S.C. 304 and 316 grant the Commission broad
authority to alter a spectrum license while also eliminating any claim
that an incumbent licensee has on the spectrum it was originally
allocated. Nothing in these provisions obligates the Commission to
compensate a licensee when it exercises its authority to modify a
license.
As the Commission stated in the First Report and Order, ``existing
DSRC licensees have recently begun to employ C-V2X on an experimental
basis, telling the Commission that the transition to C-V2X is
ongoing.'' It was at this stage that the Commission determined that,
due to the DSRC to C-V2X transition already being underway, including
the cost of transitioning to C-V2X in the transition calculation was
inappropriate. Further, in the First Report and Order, the Commission,
acting in the public interest, modified all existing 5.9 GHz licenses
to operate in the upper 30 megahertz. This action, coupled with the
long timeline between the Commission's issuing of the FNPRM and the
two-year transition date adopted herein, should provide all licensees
sufficient time to work within their normal budgetary cycles to procure
C-V2X equipment in cases where they may have previously planned for
DSRC equipment. Further, given the
[[Page 100850]]
Commission's broad authority to modify licenses when doing so would be
in the public interest, the aforementioned ongoing transition to C-V2X
currently underway, and the impracticality of levying fees on
unlicensed entities and entrants, the Commission will not take action
on reimbursement at this time.
Cost-Benefit Analysis
The rules that the Commission adopts in this document enable the
repurposing and transition of ITS spectrum sought in the First Report
and Order, in particular, by codifying C-V2X technical parameters in
the Commission's rules, including band usage, message priority, channel
bandwidth, and channelization building. The sources of benefits and
costs of those outcomes have therefore not changed from those analyzed
in the First Report and Order. In that analysis, the Commission
concluded that the expected $17.2 billion of benefits outweigh the
costs. The benefits and costs of that analysis were calculated to occur
over the time period 2022 to 2025. Because of the court challenges to,
and petitions to reconsider, the First Report and Order, some of the
benefits and costs that the Commission calculated could only be fully
realized over a deferred time horizon, following the Second Report and
Order. However, the Commission notes that demand for unlicensed use has
remained strong in the intervening years, and the Commission finds that
the benefits from the transition of ITS, while delayed, have not been
reduced. Further, the First Report and Order recognized costs with
regards to the ITS transition only, and the delay in implementation has
likely reduced costs going forward as some efforts in the ITS
transition have already occurred in the time since the release of the
First Report and Order. The Commission therefore concludes that the
benefits continue to outweigh costs for the Second Report and Order.
Ordering Clauses
Accordingly, it is ordered that, pursuant to the authority found in
sections 1, 4(i), 301, 302, 303, 309, 316, and 332 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 301,
302, 303, 309, 316, and 332 that this Second Report and Order is hereby
adopted.
It is further ordered that, except as otherwise provided below, the
rules and requirements adopted herein are effective sixty days after
the date of publication in the Federal Register.
It is further ordered that no Intelligent Transportation System
license will be issued for Dedicated Short Range Communications (DSRC)
systems after the effective date of the Final Rules adopted herein.
Existing licenses may be renewed as necessary following the effective
date of the Final Rules but only for a period not to exceed the date
two years after publication of Final Rules in the Federal Register. ITS
licenses that reflect DSRC will cancel automatically on the date two
years after publication of Final Rules in the Federal Register.
It is further ordered that the Commission's Office of the Secretary
shall send a copy of the Second Report and Order, including the Final
Regulatory Flexibility Analysis, to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A).
List of Subjects
47 CFR Part 1
Administrative practice and procedure, Communications, Radio, and
Telecommunications.
47 CFR Part 90
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 95
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 97
Administrative practice and procedures, Communications,
Communications equipment, Disaster assistance, Radio, Reporting and
recordkeeping requirements, and Telecommunications.
Federal Communications Commission.
Marlene Dortch,
Secretary.
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 1, 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. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note; 47
U.S.C. 1754, unless otherwise noted.
0
2. Amend Sec. 1.907 by revising the definition of ``Covered geographic
licenses'' to read as follows:
Sec. 1.907 Definitions.
* * * * *
Covered geographic licenses. Covered geographic licenses consist of
the following services: 1.4 GHz Service (part 27, subpart I, of this
chapter); 1.6 GHz Service (part 27, subpart J); 24 GHz Service and
Digital Electronic Message Services (part 101, subpart G, of this
chapter); 218-219 MHz Service (part 95, subpart F, of this chapter);
220-222 MHz Service, excluding public safety licenses (part 90, subpart
T, of this chapter); 600 MHz Service (part 27, subpart N); 700 MHz
Commercial Services (part 27, subparts F and H); 700 MHz Guard Band
Service (part 27, subpart G); 800 MHz Specialized Mobile Radio Service
(part 90, subpart S); 900 MHz Specialized Mobile Radio Service (part
90, subpart S); 900 MHz Broadband Service (part 27, subpart P); 3.45
GHz Service (part 27, subpart Q); 3.7 GHz Service (part 27, subpart O);
Advanced Wireless Services (part 27, subparts K and L); Air-Ground
Radiotelephone Service (Commercial Aviation) (part 22, subpart G, of
this chapter); Broadband Personal Communications Service (part 24,
subpart E, of this chapter); Broadband Radio Service (part 27, subpart
M); Cellular Radiotelephone Service (part 22, subpart H); Citizens
Broadband Radio Service (part 96, subpart C, of this chapter);
Intelligent Transportation Systems Radio Service in the 5895-5925 MHz
band, excluding public safety licenses (part 90, subpart M);
Educational Broadband Service (part 27, subpart M); H Block Service
(part 27, subpart K); Local Multipoint Distribution Service (part 101,
subpart L); Multichannel Video Distribution and Data Service (part 101,
subpart P); Multilateration Location and Monitoring Service (part 90,
subpart M); Multiple Address Systems (EAs) (part 101, subpart O);
Narrowband Personal Communications Service (part 24, subpart D); Paging
and Radiotelephone Service (part 22, subpart E; part 90, subpart P);
VHF Public Coast Stations, including Automated Maritime
Telecommunications Systems (part 80, subpart J, of this chapter); Upper
Microwave Flexible Use Service (part 30 of this chapter); and Wireless
Communications Service (part 27, subpart D).
* * * * *
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
3. The authority citation for part 90 continues to read as follows:
Authority: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7),
1401-1473.
Subpart A--General Information
0
4. Amend Sec. 90.7 by adding in alphabetical order the definition of
[[Page 100851]]
``Cellular Vehicle to Everything (C-V2X)'', and revising the
definitions of ``On-Board Unit (OBU)'', ``Roadside Unit (RSU)'', and
``Roadway bed surface'' to read as follows:
Sec. 90.7 Definitions.
* * * * *
Cellular Vehicle to Everything (C-V2X). The use of cellular radio
techniques to transfer data between roadside and on-board units or
between on-board units to perform operations related to the improvement
of traffic flow, traffic safety, and other Intelligent Transportation
System applications in a variety of environments. C-V2X systems may
also transmit status and instructional messages related to the units
involved.
* * * * *
On-Board Unit (OBU). An On-Board Unit is an Intelligent
Transportation System transceiver, operating in the 5895-5925 MHz band,
that is normally mounted in or on a vehicle, or which in some instances
may be a portable unit. An OBU can be operational while a vehicle or
person is either mobile or stationary. The OBUs receive and transmit on
one or more radio frequency (RF) channels. Except where specifically
excluded, OBU operation is permitted wherever vehicle operation or
human passage is permitted. The OBUs mounted in vehicles are licensed
by rule under part 95 of this chapter and communicate with Roadside
Units (RSUs) and other OBUs. Portable OBUs also are licensed by rule
under part 95 of this chapter.
* * * * *
Roadside Unit (RSU). A Roadside Unit is an Intelligent
Transportation System transceiver, operating in the 5895-5925 MHz band,
that is mounted along a road or pedestrian passageway. An RSU may also
be mounted on a vehicle or is hand carried, but it may only operate
when the vehicle or hand-carried unit is stationary. Furthermore, an
RSU operating under this part is restricted to the location where it is
licensed to operate. However, portable or hand-held RSUs are permitted
to operate where they do not interfere with a site-licensed operation.
An RSU broadcasts data to or exchanges data with OBUs. For DSRC-based
RSUs operating in the Intelligent Transportation System until December
14, 2026, an RSU also provides channel assignments and operating
instructions to OBUs in its communications zone, when required.
Roadway bed surface. For the Intelligent Transportation System
Radio Service, the road surface at ground level.
* * * * *
Sec. 90.7 [Amended]
0
5. Effective December 14, 2026, further amend Sec. 90.7 by removing
the definitions of ``Communications zone,'' ``Dedicated Short Range
Communication Service (DSRCS),'' and the last sentence in the
definition of ``Roadside Units (RSU)''.
Subpart B--Public Safety Radio Pool
0
6. Amend Sec. 90.20 by revising paragraph (d)(86) to read as follows:
Sec. 90.20 Public Safety Pool.
* * * * *
(d) * * *
(86) Subpart M of this part contains rules for assignment of
frequencies in the 5895-5925 MHz band.
* * * * *
Subpart C--Industrial/Business Radio Pool
0
7. Amend Sec. 90.35 by revising paragraph (b)(91) to read as follows:
Sec. 90.35 Industrial/Business Pool.
* * * * *
(b) * * *
(91) Subpart M of this part contains rules for assignment of
frequencies in the 5895-5925 MHz band.
* * * * *
Subpart G--Applications and Authorizations
0
8. Amend Sec. 90.149 by revising paragraph (b) to read as follows:
Sec. 90.149 License term.
* * * * *
(b) Non-exclusive geographic area licenses for Intelligent
Transportation Systems radio service Roadside Units (RSUs) in the 5895-
5925 MHz band under subpart M of this part will be issued for a term
not to exceed ten years from the date of original issuance or renewal.
The registration dates of individual RSUs (see Sec. Sec. 90.375 and
90.389 of this part) will not change the overall renewal period of the
single license.
0
9. Effective December 14, 2026, further amend Sec. 90.149 by revising
the second sentence of paragraph (b) to read as follows:
Sec. 90.149 License term.
* * * * *
(b) * * * The registration dates of individual RSUs (see Sec.
90.389 of this part) will not change the overall renewal period of the
single license.
0
10. Amend Sec. 90.155 by revising paragraph (i) to read as follows:
Sec. 90.155 Time in which station must be placed in operation.
* * * * *
(i) Intelligent Transportation Systems radio service Roadside Units
(RSUs) under subpart M of this part in the 5895-5925 MHz band must be
placed in operation within 12 months from the effective date of
registration (see Sec. Sec. 90.375, 90.389 of this part) or the
authority to operate the RSUs cancels automatically (see Sec. 1.955 of
this chapter). Such registration date(s) do not change the overall
renewal period of the single license. Licensees must notify the
Commission in accordance with Sec. 1.946 of this chapter when
registered units are placed in operation within their construction
period.
0
11. Effective December 14, 2026, further amend Sec. 90.155 by revising
the first sentence of paragraph (i) to read as follows:
Sec. 90.155 Time in which station must be placed in operation.
* * * * *
(i) Intelligent Transportation Systems radio service Roadside Units
(RSUs) under subpart M of this part in the 5895-5925 MHz band must be
placed in operation within 12 months from the effective date of
registration (see Sec. 90.389 of this part) or the authority to
operate the RSUs cancels automatically (see Sec. 1.955 of this
chapter).* * *
Subpart H--Policies Governing the Assignment of Frequencies
0
12. Amend Sec. 90.175 by revising paragraph (j)(16) to read as
follows:
Sec. 90.175 Frequency coordinator requirements.
* * * * *
(j) * * *
(16) Applications for licenses in the Intelligent Transportation
Systems radio service (as well as registrations for Roadside Units)
under subpart M of this part in the 5895-5925 MHz band.
* * * * *
0
13. Amend Sec. 90.179 by revising paragraph (f) to read as follows:
Sec. 90.179 Shared use of radio stations.
* * * * *
(f) Above 800 MHz, shared use on a for-profit private carrier basis
is permitted only by SMR, Private Carrier Paging, LMS, and C-V2X and
DSRCS licensees. See subparts M, P, and S of this part.
* * * * *
[[Page 100852]]
0
14. Effective December 14, 2026, further amend Sec. 90.179 by revising
the first sentence of paragraph (f) to read as follows:
Sec. 90.179 Shared use of radio stations.
* * * * *
(f) Above 800 MHz, shared use on a for-profit private carrier basis
is permitted only by SMR, Private Carrier Paging, LMS, and C-V2X
licensees.* * *
* * * * *
Subpart I--General Technical Standards
0
15. Effective December 14, 2026, amend Sec. 90.210 by removing the
entry of ``5895-5925'' and footnote 4 from Table 1.
0
16. Effective December 14, 2026, amend Sec. 90.213 by revising Table 1
heading and footnote 10 of paragraph (a) to read as follows:
Sec. 90.213 Frequency stability.
* * * * *
Table 1 to Sec. 90.213--Minimum Frequency Stability
* * * * *
\10\ For all equipment, frequency stability is to be specified in
the station authorization.
* * * * *
Subpart M--Intelligent Transportation Systems Radio Service
0
17. Revise Sec. 90.350 to read as follows:
Sec. 90.350 Scope.
The Intelligent Transportation Systems (ITS) radio service is for
the purpose of integrating radio-based technologies into the nation's
transportation infrastructure and developing and implementing the
nation's intelligent transportation systems. It includes the Location
and Monitoring Service (LMS), Dedicated Short Range Communications
Service (DSRCS), and Cellular Vehicle to Everything (C-V2X). Rules
regarding eligibility for licensing, frequency availability, and any
special requirements for services in the ITS radio service are set
forth in this subpart.
(a) DSRCS stations must cease operations in the 5895-5925 MHz band
no later than December 14, 2026. No applications for new DSRCS station
licenses will be issued after February 11, 2025.
(b) DSRCS stations licensed as of February 11, 2025 may continue to
operate and make modifications in accordance with the rules in this
subpart until December 14, 2026.
0
18. Effective December 14, 2026, amend Sec. 90.350 by revising the
introductory paragraph and deleting paragraphs (a) and (b), to read as
follows:
Sec. 90.350 Scope.
The Intelligent Transportation Systems (ITS) radio service is for
the purpose of integrating radio-based technologies into the nation's
transportation infrastructure and developing and implementing the
nation's intelligent transportation systems. It includes the Location
and Monitoring Service (LMS) and Cellular Vehicle to Everything (C-
V2X). Rules regarding eligibility for licensing, frequency
availability, and any special requirements for services in the ITS
radio service are set forth in this subpart.
0
19. In subpart M, add an undesignated center heading after Sec. 90.350
to read as follows:
Regulations Governing the Location and Monitoring Service (LMS)
0
20. Amend Sec. 90.371 by revising the first sentence of paragraph (a)
and the first sentence of paragraph (b) to read as follows:
Sec. 90.371 Dedicated short range communications service.
(a) These provisions pertain to systems in the 5895-5925 MHz band
for Dedicated Short-Range Communications Service (DSRCS).* * *
(b) DSRCS Roadside Units (RSUs) operating in the band 5895-5925 MHz
shall not receive protection from Government Radiolocation services in
operation prior to the establishment of the DSRCS station.* * *
* * * * *
0
21. Amend Sec. 90.377 by revising paragraph (b) to read as follows:
Sec. 90.377 Frequencies available; maximum EIRP and antenna height,
and priority communications.
* * * * *
(b) Frequencies available for assignment to eligible applicants
within the 5895-5925 MHz band for RSUs and the maximum EIRP permitted
for an RSU with an antenna height not exceeding 8 meters above the
roadway bed surface are specified in the table below. Where two EIRP
limits are given, the higher limit is permitted only for State or local
governmental entities.
Table 1 to Paragraph (b)
----------------------------------------------------------------------------------------------------------------
Frequency range Max. EIRP
Channel No. (MHz) (dBm) Channel use
----------------------------------------------------------------------------------------------------------------
180......................................... 5895-5905 23 Service Channel.
181......................................... 5895-5915 23 Service Channel.
182......................................... 5905-5915 23 Service Channel.
184......................................... 5915-5925 33/40 Service Channel.
----------------------------------------------------------------------------------------------------------------
(1) An RSU may employ an antenna with a height exceeding 8 meters
but not exceeding 15 meters provided the EIRP specified in the table
above is reduced by a factor of 20 log(Ht/8) in dB where Ht is the
height of the radiation center of the antenna in meters above the
roadway bed surface. The EIRP is measured as the maximum EIRP toward
the horizon or horizontal, whichever is greater, of the gain associated
with the main or center of the transmission beam. The RSU antenna
height shall not exceed 15 meters above the roadway bed surface.
(2) Channels 180/182 may be combined to create a twenty-megahertz
channel, designated Channel No. 181.
(3) Channel 184 is designated for public safety applications
involving safety of life and property. Only those entities meeting the
requirements of Sec. 90.373(a) are eligible to hold an authorization
to operate on this channel.
* * * * *
Sec. Sec. 90.370 through 90.384 [Removed]
0
22. Effective December 14, 2026, remove Sec. Sec. 90.370 through
90.384.
0
23. After Sec. 90.384, add an undesignated center heading and
Sec. Sec. 90.386 through 90.394 to read as follows:
[[Page 100853]]
Regulations Governing the Licensing and Use of Frequencies in the 5895-
5925 MHz Band for Cellular Vehicle to Everything (C-V2X) Roadside Units
(RSUs)
Sec. 90.386 Permitted frequencies.
(a) Cellular Vehicle to Everything (C-V2X) Roadside Units (RSUs)
are permitted to operate in the 5895-5925 MHz band.
(b) Frequencies in the 5895-5925 MHz band will not be assigned for
the exclusive use of any licensee. Channels are available on a shared
basis only for use in accordance with the Commission's rules. All
licensees shall cooperate in the selection and use of channels in order
to reduce interference. This includes monitoring for communications in
progress and any other measures as may be necessary to minimize
interference.
(c) Licensees of C-V2X RSUs suffering or causing harmful
interference are expected to cooperate and resolve this problem by
mutually satisfactory arrangements. If the licensees are unable to do
so, the Commission may impose restrictions including specifying the
transmitter power, antenna height and direction, additional filtering,
or area or hours of operation of the stations concerned. The use of any
channel at a given geographical location may be denied when, in the
judgment of the Commission, its use at that location is not in the
public interest; use of any such channel may be restricted as to
specified geographical areas, maximum power, or such other operating
conditions, contained in this part or in the station authorization.
Sec. 90.387 Cellular Vehicle to Everything (C-V2X).
(a) These provisions pertain to Cellular Vehicle to Everything (C-
V2X) Roadside Units (RSUs) operating in the 5895-5925 MHz band. C-V2X
On-Board Units are authorized under part 95, subpart L of this chapter.
(b) C-V2X RSUs operating in the band 5895-5925 MHz shall not
receive protection from Government Radiolocation services in operation
prior to the establishment of the RSU. Operation of RSU stations within
the radius centered on the locations listed in the table below, must be
coordinated through National Telecommunications and Information
Administration (NTIA).
Table 1 to Sec. 90.387(b)--Coordination Locations
----------------------------------------------------------------------------------------------------------------
Coordination
Location Latitude Longitude zone radius
----------------------------------------------------------------------------------------------------------------
Anclote, Florida................................................ 28-11-18 82-47-40 45
Cape Canaveral, Florida......................................... 28-28-54 80-34-35 47
Cape San Blas, Florida.......................................... 29-40-31 85-20-48 47
Carabelle Field, Florida........................................ 29-50-38 84-39-46 36
Charleston, South Carolina...................................... 32-51-48 79-57-48 16
Edwards, California............................................. 34-56-43 117-54-50 53
Eglin, Florida.................................................. 30-37-51 86-24-16 103
Fort Walton Beach, Florida...................................... 30-24-53 86-39-58 41
Kennedy Space Center, Florida................................... 28-25-29 80-39-51 47
Key West, Florida............................................... 24-33-09 81-48-28 12
Kirtland AFB, New Mexico........................................ 34-59-51 106-28-54 15
Kokeepark, Hawaii............................................... 22-07-35 159-40-06 5
MacDill, Florida................................................ 27-50-37 82-30-04 47
NV Test Training Range, Nevada.................................. 37-18-27 116-10-24 186
Patuxent River, Maryland........................................ 38-16-55 76-25-12 6
Pearl Harbor, Hawaii............................................ 21-21-17 157-57-51 16
Pillar Point, California........................................ 37-29-52 122-29-59 36
Poker Flat, Alaska.............................................. 65-07-36 147-29-21 13
Port Canaveral, Florida......................................... 28-24-42 80-36-17 19
Port Hueneme, California........................................ 34-08-60 119-12-24 24
Point Mugu, California.......................................... 34-07-17 119-09-1 18
Saddlebunch Keys, Florida....................................... 24-38-51 81-36-22 29
San Diego, California........................................... 32-43-00 117-11-00 11
San Nicolas Island, California.................................. 33-14-47 119-31-07 195
Tonopah Test Range, Nevada...................................... 37-44-00 116-43-00 2
Vandenberg, California.......................................... 34-34-58 120-33-42 55
Venice, Florida................................................. 27-04-37 82-27-03 50
Wallops Island, Virginia........................................ 37-51-23 75-30-41 48
White Sands Missile Range, New Mexico........................... 32-58-26 106-23-43 158
Yuma, Arizona................................................... 32-54-03 114-23-10 2
----------------------------------------------------------------------------------------------------------------
(c) NTIA may authorize additional station assignments in the
federal radiolocation service and may amend, modify, or revoke existing
or additional assignments for such service. Once a federal assignment
action is taken, the Commission's Universal Licensing System (ULS)
database will be updated accordingly and the list in paragraph (b) of
this section will be updated as soon as practicable.
Sec. 90.388 Eligibility.
The following entities are eligible to hold an authorization to
operate C-V2X RSUs:
(a) Any territory, possession, State, city, county, town or similar
governmental entity.
(b) Any entity meeting the eligibility requirements of Sec. Sec.
90.20, 90.33 or 90.35.
Sec. 90.389 RSU license areas and registrations.
(a) Roadside Units (RSUs) in the 5895-5925 MHz band are licensed on
the basis of non-exclusive geographic areas. Governmental applicants
will be issued a geographic area license based on the geo-political
area encompassing the legal jurisdiction of the entity. All other
applicants will be issued a geographic area license for their proposed
area of operation based on county(s), State(s) or nationwide.
[[Page 100854]]
(b) Applicants who are approved in accordance with FCC Form 601
will be granted non-exclusive licenses for the channel(s) corresponding
to their intended operations (see Sec. 90.386). Such licenses serve as
a prerequisite of registering individual RSUs located within the
licensed geographic area described in paragraph (a) of this section.
Licensees must register each RSU in the Universal Licensing System
(ULS) before operating such RSU. RSU registrations are subject, inter
alia, to the requirements of Sec. 1.923 of this chapter as applicable
(antenna structure registration, environmental concerns, international
coordination, and quiet zones). Additionally, RSUs at locations subject
to NTIA coordination (see Sec. 90.387(b)) may not begin operation
until NTIA approval is received. Registrations are not effective until
the Commission posts them on the ULS. It is the licensee's
responsibility to delete from the ULS registration database any RSUs
that have been discontinued.
(c) Licensees must operate each C-V2X RSU in accordance with the
Commission's rules and the registration data posted on the ULS for such
C-V2X RSU.
Sec. 90.390 Channels and priority communications.
(a) Channels. C-V2X may operate on the following band segments:
Table 1 to Paragraph (a)
------------------------------------------------------------------------
20-megahertz 30-megahertz
10-megahertz channels: channels: channel:
------------------------------------------------------------------------
5895-5905 MHz............... 5895-5915 MHz....... 5895-5925 MHz.
5905-5915 MHz............... 5905-5925 MHz.......
------------------------------------------------------------------------
(b) Safety/public safety priority. The following access priority
governs all C-V2X operations:
(1) Communications involving the safety of life have access
priority over all other C-V2X communications;
(2) C-V2X communications involving public safety have access
priority over all other C-V2X except those communications described in
(b)(1) of this section. Roadside Units (RSUs) operated by State or
local governmental entities are presumptively engaged in public safety
priority communications.
(c) Non-priority communications. C-V2X communications not listed in
paragraph (b) of this section, are non-priority communications.
(1) If a dispute arises concerning non-priority communications, the
licensee of the later-registered RSU must accommodate the operation of
the early registered RSU, i.e., interference protection rights are
date-sensitive, based on the date that the RSU is first registered (see
Sec. 90.389) and the later-registered RSU must modify its operations
to resolve the dispute in accordance with paragraph (c)(2) of this
section.
(2) For purposes of this paragraph (c), objectionable interference
will be considered to exist when the Commission receives a complaint
and the difference in signal strength between the earlier-registered
RSU and the later-registered RSU is 18 dB or less (co-channel). Later-
registered RSUs causing objectionable interference must correct the
interference immediately unless written consent is obtained from the
licensee of the earlier-registered RSU.
Sec. 90.391 Maximum EIRP and antenna height.
(a) C-V2X licensees must limit RSU equivalent isotropically
radiated power (EIRP) to 33 dBm. This limit applies to any operation
within the 5895-5925 MHz band as follows:
(1) 33 dBm/10 MHz EIRP;
(2) 33 dBm/20 MHz EIRP; and
(3) 33 dBm/30 MHz EIRP.
(b) For purposes of this section, the EIRP is root mean squared
(RMS) measured as the maximum EIRP toward the horizon or horizontal,
whichever is greater, of the gain associated with the main or center of
the transmission beam.
(c) The radiation center of an RSU antenna shall not exceed 8
meters above the roadway bed surface, except that an RSU may employ an
antenna with a height exceeding 8 meters but not exceeding 15 meters
provided the EIRP specified in paragraph (a) of this section is reduced
by a factor of 20 log(Ht/8) in dB where Ht is the height of the
radiation center of the antenna in meters above the roadway bed
surface. The RSU antenna height must not exceed 15 meters above the
roadway bed surface.
Sec. 90.392 C-V2X emissions limits.
C-V2X Roadside Units (RSUs) must comply with the following out-of-
band emissions limits.
(a) Conducted limits measured at the antenna input must not exceed:
(1) -16 dBm/100 kHz within <plus-minus>1 megahertz of the band
edges;
(2) -13 dBm/MHz within <plus-minus>1 megahertz to <plus-minus>5
megahertz of the band edges;
(3) -16 dBm/MHz within <plus-minus>5 megahertz to <plus-minus>30
megahertz of the band edges; and
(4) -28 dBm/MHz beyond 30 megahertz from the band edges
(b) [Reserved]
Sec. 90.393 RSU sites near the U.S./Canada or U.S./Mexico border.
Until such time as agreements between the United States and Canada
or the United States and Mexico, as applicable, become effective
governing border area use of the 5895-5925 MHz band, authorizations to
operate Roadside Units (RSUs) are granted subject to the following
conditions:
(a) RSUs must not cause harmful interference to stations in Canada
or Mexico that are licensed in accordance with the international table
of frequency allocations for Region 2 (see Sec. 2.106 of this chapter)
and must accept any interference that may be caused by such stations.
(b) Authority to operate RSUs is subject to modifications and
future agreements between the United States and Canada or the United
States and Mexico, as applicable.
Sec. 90.395 [Redesignated as Sec. 90.384]
0
24. Redesignate Sec. 90.395 as Sec. 90.384.
Subpart N--Operating Requirements
0
25. Sec. 90.421 is amended by adding paragraph (d) to read as follows:
Sec. 90.421 Operation of mobile station units not under the control
of the licensee.
* * * * *
(d) C-V2X On-Board Units licensed by rule under part 95 of this
chapter may communicate with any C-V2X roadside unit authorized under
this part or any licensed commercial mobile radio service station as
defined in part 20 of this chapter.
0
26. Amend Sec. 90.425 by revising paragraph (d)(10) to read as
follows:
Sec. 90.425 Station identification.
* * * * *
(d) * * *
(10) It is a Roadside Unit (RSU) in an Intelligent Transportation
System operating in the 5895-5925 MHz band.
[[Page 100855]]
PART 95--PERSONAL RADIO SERVICES
0
27. The authority citation for part 95 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 307.
0
28. Amend subpart L by revising the subpart heading to read as follows:
Subpart L--Intelligent Transportation Systems (ITS) On-Board Units
(OBUs) in the 5895-5925 MHz Band
0
29. Revise Sec. 95.3101 to read as follows:
Sec. 95.3101 Scope.
This subpart contains rules that apply only to ITS On-Board Units
(OBUs) transmitting in the 5895-5925 MHz frequency band. ITU Roadside
Units (RSUs) are authorized under part 90, subpart M of this chapter.
0
30. Amend Sec. 95.3103 by:
0
a. Revising the section heading.
0
b. Adding in alphabetical order the definition of ``Cellular Vehicle to
Everything (C-V2X)'';
0
c. Revising the definition of ``Dedicated Short-Range Communications
Services (DSRCS)'';
0
d. Adding in alphabetical order definitions of ``Geofenced Onboard
Unit'' and ``Geofencing'' and
0
e. Revising the definition of ``Onboard Unit (OBU)''.
The additions and revisions read as follows:
Sec. 95.3103 Definitions.
Cellular Vehicle to Everything (C-V2X). See Sec. 90.7 of this
chapter.
Dedicated Short-Range Communications Services (DSRCS). See Sec.
90.7 of this chapter.
Geofenced Onboard Unit. An OBU that incorporates geofencing to
protect the appropriate areas around federal radiolocation sites
currently enumerated in 47 CFR 90.387(b) by reducing power within those
areas. Such OBUs programmed with information about these sites have the
option of operation under the transmit power limits set forth in
section 95.3404 of this subpart.
Geofencing. For the purposes of this subpart, geofencing is used to
create a virtual boundary around a physical location by enabling a
radiofrequency device using a geolocation capability to determine
whether its geographic coordinates are within a defined geographic
area.
On-Board Unit (OBU). See Sec. 90.7 of this chapter.
* * * * *
0
31. Add an undesignated center heading after Sec. 95.3103 to read as
follows:
Regulations Governing the Use of Frequencies in the 5895-5925 MHz Band
for Dedicated Short-Range Communications Services (DSRCS) On Board
Units (OBUs)
* * * * *
Sec. 95.3105 through 95.3189 [Removed]
0
32. Effective December 14, 2026, further amend subpart L, by removing
the centered heading ``Regulations Governing the Use of Frequencies in
the 5895-5925 MHz Band for Dedicated Short-Range Communications
Services (DSRCS) On Board Units (OBUs)'' and Sec. Sec. 95.3105 through
95.3189.
0
33. After Sec. 95.3189, add the undesignated center heading and
Sec. Sec. 95.3201 through 95.3205 to read as follows:
Regulations Governing the Use of Frequencies in the 5895-5925 MHz Band
for Cellular Vehicle to Everything (C-V2X) On Board Units (OBUs)
Sec. 95.3201 Permissible uses.
C-V2X OBUs may transmit signals to other C-V2X OBUs and to C-V2X
Roadside Units (RSUs) authorized under part 90 of this chapter or any
licensed commercial mobile radio service station as defined in part 20
of this chapter.
Sec. 95.3202 OBU transmitter certification.
(a) Each C-V2X OBU that operates or is intended to operate in the
5895-5925 MHz band must be certified in accordance with this subpart
and subpart J of part 2 of this chapter.
(b) A grant of equipment certification for this subpart will not be
issued for any C-V2X OBU transmitter type that fails to comply with all
of the applicable rules in this subpart.
Sec. 95.3203 OBU frequencies.
C-V2X OBUs are permitted to operate in the 5895-5925 MHz band.
Sec. 95.3204 OBU transmit power limit.
(a) The following power limits apply for OBUs without a geofencing
capability at all locations and for OBUs with a geofencing capability
when operating within any coordination zone specified in Sec.
90.387(b) of this chapter:
(1) 10 MHz channel (5895-5905 MHz): 23 dBm/10 MHz EIRP;
(2) 10 MHz channel (5905-5915 MHz): 33 dBm/10 MHz EIRP, reduced to
27 dBm within <plus-minus>5 degrees of horizontal;
(3) 10 MHz channel (5915-5925 MHz): 33 dBm/10 MHz EIRP, reduced to
27 dBm within <plus-minus>5 degrees of horizontal;
(4) 20 MHz channel (5895-5915 MHz): 23 dBm/20 MHz EIRP;
(5) 20 MHz channel (5905-5925 MHz): 33 dBm/20 MHz EIRP, reduced to
27 dBm within <plus-minus>5 degrees of horizontal; and
(6) 30 MHz channel: 23 dBm/30 MHz EIRP.
(b) The following power limits apply to OBUs with a geofencing
capability when operating at locations outside any coordination zone
specified in Sec. 90.387(b) of this chapter:
(1) 10 MHz channel (5895-5905 MHz): 33 dBm/10 MHz EIRP;
(2) 10 MHz channel (5905-5915 MHz): 33 dBm/10 MHz EIRP;
(3) 10 MHz channel (5915-5925 MHz): 33 dBm/10 MHz EIRP;
(4) 20 MHz channel (5895-5915 MHz): 33 dBm/20 MHz EIRP;
(5) 20 MHz channel (5905-5925 MHz): 33 dBm/20 MHz EIRP; and
(6) 30 MHz channel: 33 dBm/30 MHz EIRP.
(c) For purposes of this section, the EIRP is root mean squared
(RMS) measured as the maximum EIRP toward the horizon or horizontal,
whichever is greater, of the gain associated with the main or center of
the transmission beam.
(d) For purposes of this section, a portable unit is a transmitting
device designed to be used so that the radiating structure(s) of the
device is/are within 20 centimeters of the body of the user.
Sec. 95.3205 Unwanted emissions limits.
(a) C-V2X OBUs must comply with the following out-of-band emissions
limits. Conducted emissions limits measured at the antenna input shall
not exceed:
(1) -16 dBm/100 kHz within <plus-minus>1 megahertz of the band
edges;
(2) -13 dBm/MHz within <plus-minus>1 megahertz to <plus-minus>5
megahertz of the band edges;
(3) -16 dBm/MHz within <plus-minus>5 megahertz to <plus-minus>30
megahertz of the band edges; and
(4) -28 dBm/MHz beyond 30 megahertz from the band edges.
PART 97--AMATEUR RADIO SERVICE
0
34. The authority citation for part 97 continues to read as follows:
Authority: 47 U.S.C. 151-155, 301-609, unless otherwise noted.
0
35. Amend Sec. 97.303 by revising the last sentence of paragraph
(r)(2) to read as follows:
Sec. 97.303 Frequency sharing requirements.
* * * * *
(r) * * *
(2) * * * In the United States, the use of mobile service is
restricted to
[[Page 100856]]
operations in the Intelligent Transportation System radio service.
* * * * *
[FR Doc. 2024-28980 Filed 12-12-24; 8:45 am]
BILLING CODE 6712-01-P
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</html>Indexed from Federal Register on December 13, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.