Rule2024-29313
Modifying Emissions Limits for the 24.25-24.45 GHz and 24.75-25.25 GHz Bands
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Published
December 13, 2024
Effective
January 13, 2025
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) revises the Commission's rules for the 24.25-24.45 GHz and 24.75-25.25 GHz bands (collectively, the 24 GHz band) to implement certain decisions made in the World Radiocommunication Conference held by the International Telecommunication Union (ITU) in 2019 (WRC-19). Specifically, the Commission aligns part 30 of the Commission's rules for mobile operations in these frequencies with the Resolution 750 limits adopted at WRC-19 to protect the passive 23.6-24.0 GHz band from unwanted emissions on the timeframes adopted at WRC-19.
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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Rules and Regulations]
[Pages 100856-100868]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29313]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 30
[ET Docket No. 21-186; FCC 24-124; FR ID 267422]
Modifying Emissions Limits for the 24.25-24.45 GHz and 24.75-
25.25 GHz Bands
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) revises the Commission's rules for the 24.25-24.45 GHz and
24.75-25.25 GHz bands (collectively, the 24 GHz band) to implement
certain decisions made in the World Radiocommunication Conference held
by the International Telecommunication Union (ITU) in 2019 (WRC-19).
Specifically, the Commission aligns part 30 of the Commission's rules
for mobile operations in these frequencies with the Resolution 750
limits adopted at WRC-19 to protect the passive 23.6-24.0 GHz band from
unwanted emissions on the timeframes adopted at WRC-19.
DATES: Effective date: This rule is effective January 13, 2025.
FOR FURTHER INFORMATION CONTACT: Simon Banyai of the Wireless
Telecommunications Bureau, Broadband Division, at 202-418-1443 or by
email to <a href="/cdn-cgi/l/email-protection#d685bfbbb9b8f894b7b8afb7bf96b0b5b5f8b1b9a0"><span class="__cf_email__" data-cfemail="17447e7a7879395576796e767e5771747439707861">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order in ET Docket No. 21-186; FCC 24-124; adopted on November 27,
2024 and released on December 2, 2024, 2024. The full text of this
document is available at <a href="https://docs.fcc.gov/public/attachments/FCC-24-124A1.pdf">https://docs.fcc.gov/public/attachments/FCC-24-124A1.pdf</a>.
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, the Commission has prepared a Final Regulatory
Flexibility Analysis (FRFA) concerning the possible impact of the rule
changes contained in this Report and Order on small businesses. The
FRFA is set forth in the back of this document.
Paperwork Reduction Act. This document does not contain new or
modified information collection requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore,
it does not contain any new or modified information collection burden
``for small business concerns with fewer than 25 employees,'' pursuant
to the Small Business Paperwork Relief Act of 2002, Public Law 107-198,
see 44 U.S.C. 3506(c)(4).
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 non-major
under the Congressional Review Act, 5 U.S.C. 804(2). The Commission
will send a copy of this Report & Order to Congress and the Government
Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).
People With Disabilities. To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#96f0f5f5a3a6a2d6f0f5f5b8f1f9e0"><span class="__cf_email__" data-cfemail="563035356366621630353578313920">[email protected]</span></a> or call the
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice).
Synopsis
I. Background
1. The 23.6-24.0 GHz band is allocated to several passive
scientific and research services, including the Earth Exploration
Satellite Service (EESS) (passive), on a primary basis. EESS utilizes
passive sensors located on satellites to measure the power level of
naturally occurring radio emissions from water vapor and cloud liquid
water molecules in the atmosphere, which are critical measurements for
climatology and weather forecasting. Because naturally occurring radio
emissions in the 23.6-24.0 GHz band are very weak, the passive sensors
that measure them are sensitive and vulnerable to interference.
2. Observations made by EESS sensors operating in the 23.6-24.0 GHz
band are essential for meteorological applications. The National
Oceanic and Atmospheric Administration (NOAA) uses EESS to take
measurements considered vital to the accuracy and timeliness of weather
forecasting, including hurricane and tornado warnings, and the National
Aeronautics and Space Administration (NASA) also operates passive EESS
systems in the band to conduct climatological science. Additionally,
EESS passive sensors aid EESS active instruments that use radar on
satellites to measure ocean topography, sea ice, and precipitation by
measuring total atmospheric water vapor and correcting the
``refraction-induced path delay in the radar signal.'' The 23.6-24.0
GHz band has been used for passive sensor observations for a
considerable length of time and has generated valuable long-term
climate data records.
3. The Commission first authorized service in the 24.25-24.45 GHz
and 25.05-25.25 GHz bands in 1997, when it transitioned the Digital
Electronic Messaging Service (DEMS) to these bands from the 18 GHz
band. In 2000, the Commission adopted competitive bidding and service
rules for 24.25-24.45 GHz and 25.05-25.25 GHz bands and created a 24
GHz Service. This 24 GHz Service had a total of 176 Economic Areas
(EAs) or EA-like service areas. In 2004, the Commission held Auction
56, in which it made 880 24 GHz Service licenses available. Only seven
of the 880 24 GHz Service licenses were sold. As of 2017, there were 33
active DEMS licenses in these bands. While the former DEMS licenses
were converted to Upper Microwave Flexible Use Services (UMFUS)
licenses, they were subsequently cancelled.
4. In 2016, the Commission adopted licensing and technical rules
for UMFUS services in the 27.5-28.35 GHz band, the 37.6-38.6 GHz band,
and the 38.6-40 GHz band. Expanding on the 2016 efforts to open high-
frequency spectrum, in 2017, the Commission authorized the 24 GHz band
for UMFUS, and generally applied the same licensing and technical rules
to UMFUS in the 24 GHz band that it applied to UMFUS in other upper
microwave bands. The UMFUS rules allow licensees flexibility to the
services they will deploy and the architecture of their networks. Under
these rules, licensees are able to deploy mobile services, but they
also may deploy fixed point-to-point and point-to-multipoint systems.
Among other things, the UMFUS rules specify that emissions outside of a
licensee's assigned frequency block must be limited to -13 dBm/MHz.\1\
In its decision authorizing UMFUS in the 24 GHz band, the Commission
noted ongoing ITU studies to establish
[[Page 100857]]
emissions limits applicable to International Mobile Telecommunications
(IMT) to protect passive sensors in the 23.6-24.0 GHz band, and it
acknowledged that the UMFUS rules might be revisited once the ITU
studies had been completed.\2\
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\1\ See 47 CFR 30.203(a). In the bands immediately outside and
adjacent to the licensee's frequency block, having a bandwidth equal
to 10 percent of the channel bandwidth, the conductive power or the
total radiated power of any emission shall be -5 dBm/MHz or lower.
Id. As the 23.6-24 GHz passive band is 250 megahertz away from the
UMFUS bands, the -5 dBm/MHz does not apply within that passive band
for UMFUS licensees.
\2\ IMT is the generic term used by the ITU to designate
broadband mobile systems and encompasses IMT-2000, IMT-Advanced, and
IMT-2020. See ITU, Radiocommunication Sector ITU-R FAQ on
International Telecommunications (Feb. 23, 2022), <a href="https://www.itu.int/en/ITU-R/Documents/ITU-R-FAQ-IMT.pdf">https://www.itu.int/en/ITU-R/Documents/ITU-R-FAQ-IMT.pdf</a>. As described
below, the Commission rules do not define IMT.
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5. WRC-19 allocated 24.25-25.25 GHz to mobile (except aeronautical)
on a primary basis in Regions 1 and 2, globally identified the 24.25-
27.5 GHz band for IMT, and established unwanted emissions limits
applicable to IMT in the 24.25-27.5 GHz band to protect passive systems
in the 23.6-24.0 GHz band. To implement these limits, WRC-19 modified a
footnote to the International Table of Allocations to add Resolution
750 (Rev. WRC-19). Resolution 750 specifies unwanted emissions limits
in terms of Total Radiated Power (TRP) as the amount of power that may
be radiated into any 200 megahertz block of the 23.6-24.0 GHz passive
band by IMT base stations and IMT mobile stations operating in the
24.25-27.5 GHz band. Resolution 750 sets emissions limits for current
IMT devices as well as more stringent emissions limits for IMT devices
that will be brought into use in the 24.25-27.5 GHz band after
September 1, 2027. These two sets of unwanted emissions limits are
shown in Table 1.
Table 1--WRC-19 Resolution 750 Unwanted Emissions Permitted Within Any
200 Megahertz in the 23.6-24 GHz Passive Band
------------------------------------------------------------------------
TRP limits after
Type of station Current TRP limits Sept. 1, 2027
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IMT Base Stations........... -33 dBW............. -39 dBW.
IMT Mobile Stations......... -29 dBW............. -35 dBW.
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6. On April 26, 2021, the Office of Engineering and Technology
(OET) and the Wireless Telecommunications Bureau (WTB) issued a Public
Notice (86 FR 28522) to develop a record on whether and how the
Commission could implement the emissions limits contained in Resolution
750 for the active services in the 24 GHz band. The Public Notice
sought comment on amending part 30 of the Commission's rules to conform
to the unwanted emissions limits into the passive 23.6-24.0 GHz band
that were adopted at WRC-19 and/or adding footnotes to the United
States Table of Frequency Allocations at part 2 of the Commission's
rules. Twelve parties made filings in response to the Public Notice.
7. On December 22, 2023, the Commission released a Notice of
Proposed Rulemaking (Notice) (89 FR 5440) proposing to implement
certain decisions regarding the 24.25-27.5 GHz band made at WRC-19. The
Notice proposed to align part 30 of the Commission's rules for mobile
operations in the 24 GHz band with the Resolution 750 limits on
unwanted emissions into the passive 23.6-24.0 GHz band. In addition,
the Notice also sought comment on several different issues, including:
(1) applying Resolution 750 limits to mobile operations; (2) applying
emissions limits more stringent than Resolution 750; (3) applying
Resolution 750 limits to fixed operations; (4) exempting indoor small-
cell operations from Resolution 750 limits; (5) allowing conductive
power measurements; and (6) the schedule for transition to the new
Resolution 750 limits applicable after September 1, 2027.\3\
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\3\ See generally Notice. The Notice (at para. 29) also sought
comment on a proposal to use a Real-time Geospatial Spectrum Sharing
(RGSS) system as an alternative means of protecting EESS. The
Wireless Interdisciplinary Research Group (WIRG) touts its work
developing a proof of concept RGSS system and asks that the
Commission establish rules allowing use of RGSS. While the
Commission believes adopting a rule authorizing the use of RGSS is
premature at this time, the Commission encourage further research
and study of such systems and are open to consideration of such a
system as it becomes more developed.
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8. Comments on the Notice were due February 28, 2024, and reply
comments were due March 14, 2024. The Commission received ten comments
and four reply comments.
II. Discussion
A. Revision of Commission Rules To Adopt Resolution 750 Unwanted
Emissions Limits
9. Consistent with the proposal in the Notice, the Commission
adopts the Resolution 750 unwanted out-of-band emissions (OOBE) limits
and apply these limits to all mobile operations in the 24 GHz band. In
response to the Notice, all commenters, including the weather
community, scientific community, mobile operators, equipment
manufacturers, Federal agencies, and other commenters, agree the
Commission should align its rules for mobile operations in the 24 GHz
band with Resolution 750. The Commission finds that the Resolution 750
OOBE limits will appropriately protect sensitive passive sensing
operations in the 23.6-24.0 GHz band, while at the same time allowing
next generation wireless service to continue to develop in the United
States. In addition, adopting the Resolution 750 limits would promote
international harmonization and result in certain public interest
benefits associated with such harmonization, including facilitating the
provision of advanced wireless services in the U.S., providing
regulatory certainty to all interested stakeholders, and promoting
spectrum use by both wireless providers and the weather and satellite
communities.
10. Consistent with the Notice, the Commission also applies
Resolution 750 limits to all mobile operations (as defined in parts 2
and 20 of the Commission's rules) \4\ in the 24 GHz band. As adopted by
WRC-19, the Resolution 750 limits apply only to IMT base and mobile
stations. Commenters who addressed the issue support applying the
Resolution 750 unwanted OOBE limits to all mobile operations, rather
than just IMT operations. Moreover, the Commission's rules do not
define IMT as a separate category of mobile, nor do they require that
equipment comply with a particular standard in the 24 GHz band.
[[Page 100858]]
Furthermore, no commenter offered a technical basis for distinguishing
between IMT and other mobile operations for purposes of domestic
spectrum use. Finally, attempting to treat non-IMT mobile operations
differently from IMT mobile operations could cause confusion and
difficulties with enforcing the limits, as suggested in the Notice.
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\4\ See 47 CFR 2.1 (``Mobile Service. A radiocommunication
service between mobile and land stations, or between mobile
stations.''); see also 47 CFR 20.3 (``Mobile Service. A radio
communication service carried on between mobile stations or
receivers and land stations, and by mobile stations communicating
among themselves, and includes: (a) Both one-way and two-way radio
communications services; (b) A mobile service which provides a
regularly interacting group of base, mobile, portable, and
associated control and relay stations (whether licensed on an
individual, cooperative, or multiple basis) for private one-way or
two-way land mobile radio communications by eligible users over
designated areas of operation; and (c) Any service for which a
license is required in a personal communications service under part
24 of this chapter.'')
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11. As of the effective date of the rules adopted herein, mobile
operations in the 24 GHz band will be required to comply with the
current limits adopted at WRC-19 (which the Commission refers to as
Phase 1 limits). The Commission finds that the application of the
Resolution 750 OOBE limits to mobile operations strikes the appropriate
balance between protecting adjacent passive sensing operations and
facilitating use of the 24 GHz band.
12. Rule Amendments. In the Notice, the Commission proposed to make
any changes to the limits on emissions into the 23.6-24.0 GHz band by
amending the part 30 rules and adding a footnote to the U.S. Table of
Allocations. It noted that, since the part 30 rules already contained a
rule governing emissions limits, it appeared to be appropriate to
incorporate any changes made in this proceeding into that rule.
Commenters broadly agree that these changes are appropriate ways of
aligning the Commission's rules with WRC-19 Resolution 750. These
limits will be incorporated into the Commission's part 30 technical
rules as well as codified in a new U.S. footnote to the Table of
Frequency Allocations (Allocation Table) in accordance with the
proposal. Further, part 2 of the Commission's rules is amended to allow
the Table of Frequency Allocations to show that the Resolution 750
unwanted OOBE limits will apply to all mobile systems.
13. The Commission declines to make other changes to the part 30
rules and the Table of Frequency Allocations footnote, as it does not
believe they are necessary. For example, NASA suggests including the
start dates of the Phase 1 and Phase 2 OOBE limits in the Table of
Allocations. The Phase 2 effective date will be incorporated into the
part 30 rule and the Allocation Table footnote. Since the Phase 1
limits will be effective immediately upon the effective date of the
rules, the Commission believes there is no need to include the Phase 1
effective date. NASA also recommends that the language of the amendment
to the part 30 rules be trimmed down to a cross reference to the Table
of Allocations. The Commission will retain the substantive emissions
limits in section 30.203 of its rules, as it is the better practice to
include the specified limits in these technical rules.
B. Adopting Limits More Stringent Than Resolution 750
14. In the Notice, the Commission sought comment on whether it was
necessary to adopt even stricter OOBE limits to protect EESS systems
than those set forth in Resolution 750 by WRC-19. The Commission
declines to adopt limits beyond the Resolution 750 limits because the
record does not show that such limits are technically necessary. While
the proponents of stricter limits express concern that the Resolution
750 limits will be insufficient to protect EESS, their concerns are
speculative.\5\ Furthermore, no party has submitted specific technical
data justifying stricter limits or evaluating the costs and benefits of
applying them as directed in the Notice.
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\5\ While WIRG supports adoption of the Resolution 750 limits as
a ``minimum acceptable requirement,'' it suggests that further
research would be appropriate, after which the Commission should
consider adopting stricter limits.
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15. The Commission also notes that NTIA did not advocate for
implementation of stricter limits, and NTIA, NOAA, and NASA all agree
to the adoption of the Resolution 750 limits. While NOAA maintains that
stricter limits would better protect Earth Exploration-Satellite
Service (EESS) passive sensors, that measurements gathered by sensitive
radiometers in the 23.6-24.0 and 31.3-31.5 GHz bands could be
compromised by unwanted by-products from a 5G signal, and that the
Resolution 750 limits may not adequately protect passive sensors below
24 GHz, it nevertheless acknowledges that the WRC-19 limits are a
compromise and are what most countries are considering.
16. Moreover, while much of the weather and scientific communities
would prefer to adopt more stringent unwanted OOBE limits, they too
support the adoption of the Resolution 750 limits, at least as a
preliminary step. The Commission notes that Federal agencies and non-
federal licensees have deployed nearly 40,000 point-to-point microwave
links in the 21.2-23.6 GHz band--immediately below the 23.6-24.0 GHz
band--that operate with a less restrictive -13 dBm/MHz or -20 dBW/200
MHz OOBE limit, and yet there is no indication, and no party has
submitted a technical showing, that these point-to-point links have
caused harmful interference to passive sensors. In contrast to these
directly adjacent point-to-point microwave links, there will be at
least 225 megahertz separation between UMFUS operations and the 23.6-24
GHz passive band. Given that channels in this band are 100 megahertz
wide, this amount of separation is significant.
17. The Commission finds that adopting stricter emissions limits
could significantly limit the ability to use the band for next
generation wireless services and other advanced mobile services.
Because millimeter wave spectrum has limited propagation, licensees
must deploy higher power to ensure sufficient network coverage.
Imposing overly restrictive emissions limits could create higher
insertion losses due to filtering requirements, and limit the power
carriers can use, adversely affecting services available to consumers.
Furthermore, adopting emissions limits unique to the United States
would be inconsistent with international harmonization.
18. The Commission is not persuaded that the technical information
provided by the National Academy of Sciences, through its Committee on
Radio Frequencies (CORF) and the IEEE Geoscience and Remote Sensing
Society (IEEE GRSS) justifies adopting stricter OOBE limits. CORF
advocates for stricter emissions limits, such as those adopted by the
European Commission (-42 dBW/200 MHz) or those of the World
Meteorological Organization (-55 dBW/dBW/200 MHz). CORF contends that
the Resolution 750 Phase 2 limits of -35 dBW/200 MHz for mobile devices
equates to 0.4 mW per device, only a factor of 10 below the ITU-R
Recommendation RS.2017 threshold for protection of passive sensors in
the 23.6-24 GHz band.\6\ CORF argues that, even assuming somewhat
directional beams from 5G mobile devices, it is clear that deployment
of thousands of such devices in urban areas will exceed the
[[Page 100859]]
ITU threshold,\7\ but CORF does not clearly explain how it extrapolates
the 0.4 mW per device figure from the Phase 2 standard. IEEE GRSS
supports the stricter limits proposed by CORF, because it maintains
that the Resolution 750 limits would allow the presence of signals
above the interference threshold in the 23.6-24.0 GHz passive band when
more 5G base stations are placed within the sensor's coverage area. The
Commission finds that both CORF's and IEEE GRSS's analyses are based on
the assumptions that there will be large but unknown numbers of mobile
devices that are not related to specific deployments or use cases. In
addition, IEEE GRSS and NOAA cite the European Union's decision to
implement the more stringent limit of -39 dBW/200 MHz as of January 1,
2024, as an argument for applying the more stringent limit on an
accelerated timeframe in the U.S. The Commission notes, however, that
the United States is not similarly situated to the European Union.
Terrestrial operations in Europe are above 25 GHz and farther away from
the passive services in the 23.6-24.0 GHz band than U.S. operations.
Given the greater frequency separation distance, it is easier for
European providers to permit their mobile operators to use higher power
and yet meet stricter emissions limits without impairment to the EESS
passive service. While the Commission understands the desire of the
weather and scientific communities for the greatest protection
possible, the record before it does not support adopting limits
stricter than the limits agreed to at WRC-19. Accordingly, the
Commission declines to adopt more stringent OOBE limits for the U.S.
than those adopted in Resolution 750.\8\
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\6\ CORF states that the ``AMSR2 instrument on the GCOM-W1
spacecraft (the successor to NASA's AMSR-E instrument launched on
the Aqua mission in 2002) measures natural black-body emission
signals over a 400 MHz-wide region of the spectrum at 24 GHz with 14
x 14 km pixels. Thermal emission from one such pixel over dry land
at 300 K (80 [deg]F) in this band totals to only ~26 W across this
~200 km\2\ pixel. This 26 W is emitted in all directions, and the
AMSR2 instrument receives only a fraction of a trillionth of that
power. The ITU-R Recommendation RS.2017 interference threshold
equates to requiring that there should be no perturbations (e.g.,
from RFI) greater than 4 mW total emission across this entire pixel.
This requirement enables EESS (passive) measurements to be made with
an accuracy of 0.05 K brightness temperature (~0.09 [deg]F), which
is considered sufficient to provide accurate weather forecasts and
reliable quantification of potential signatures of climate change
(which are of order of one or two degrees per century). The Res. 750
limits of -35 dBW in 200 MHz for mobile devices equates to 0.4 mW
per device, only a factor of 10 below the ITU-R Recommendation
RS.2017 threshold.''
\7\ CORF also notes that the ITU Radiocommunication Sector
(``ITU-R'') Recommendation RS.2017, establishes a limit of -166 dBW
in 200 MHz for the 23.6-24.0 GHz band, to be met over 99.99 percent
of a 10,000,000 km\2\ area. Id. at 6-7. It argues the limits
specified in ITU-R Resolution 750 (Rev. WRC-19), when applied to
likely IMT implementations, and taking into consideration typical
characteristics of orbiting EESS sensors (described in ITU-R
Recommendation RS.1861), fail to meet this RS.2017 criterion
particularly when considering the aggregate interference from the
vast multiplicity of transmitters that are inherent to the nature of
IMT deployments; CORF assumes deployment of thousands of IMT devices
in urban areas is likely an underestimate.
\8\ The Commission does not rely on arguments that adopting
stricter limits would be a material change from information made
available to bidders in the 24 GHz auction and that licensees
reasonably made investments based on the Resolution 750 limits.
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C. Applying Resolution 750 Limits to Other Services
19. Fixed operations. The Notice sought comment on applying the
Resolution 750 emissions limits to fixed operations, including point-
to-point and point-to-multipoint operations.\9\ The Commission declines
to do so. As adopted by the ITU, Resolution 750 does not apply to fixed
operations; WRC-19 only studied IMT operations under a mobile service
allocation. Fixed operation transmissions are significantly more
directional than mobile operations--point-to-point operations have
tightly focused and stationary beams, and point-to-multipoint base
stations direct signals towards user stations. As noted above, there
are existing fixed point-to-point operations under part 101 in the
spectrum immediately below the passive band that are not subject to
stricter emissions limits, and yet there is no indication that these
point-to-point links have caused harmful interference to passive
sensors.\10\ This is in contrast to the at least 225 megahertz of
frequency separation between the UMFUS operations starting at 24.25 GHz
and the 23.6-24.0 GHz passive band, which should further help alleviate
interference concerns. As fixed deployments increase in the band, the
Commission will monitor for potential issues, and, if necessary,
consider whether to revisit the limits for fixed operations.
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\9\ Point-to-multipoint operations include transportable user
equipment, where the user equipment is not intended to be used while
in motion, but the equipment could be moved when not in operation.
See 47 CFR 30.2. The Commission agrees with GuRu Wireless, Inc. that
expansion of WRC-19 emissions limits to the Industrial, Scientific,
and Medical (ISM) band is outside the scope of this proceeding.
\10\ CORF asserts it cannot verify whether or not these point-
to-point links have caused harmful interference to passive sensors
at 23.6-24.0 GHz. Ericsson states that there are no known reports of
interference from UMFUS services to EESS in the adjacent band. IEEE
GRSS states ``we do not have any information on whether interference
has been detected by operational sensors''.
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20. The Commission's Notice also directed proponents of applying
the stricter limits to fixed operations to provide ``specific technical
data as well as the costs and benefits of applying stricter limits or
of keeping the existing limits.'' Neither proponents nor opponents of
applying the Resolution 750 limits to fixed operations presented such
technical or cost/benefit data. Indeed, IEEE GRSS, which supports
applying the Resolution 750 limits to fixed, suggests that further
studies are necessary. CORF argues that ``[i]t is counterproductive to
protect passive uses from OOBE from mobile service equipment, but not
from equipment used for UMFUS fixed services,'' and it ``recommends
that a rigorous OOBE standard apply to all UMFUS equipment operating at
24 GHz: UMFUS fixed point-to-point and point-to-multipoint equipment,
as well as mobile equipment.'' Given the differences between fixed and
mobile operations, however, and the lack of any technical support, the
conclusory arguments by CORF and others are insufficient to justify
extending Resolution 750's mobile limits to fixed operations.
21. CTIA suggests that the Commission clarify that transportable
stations (which it said are fixed stations) would not be subject to the
more stringent emissions limits. For purposes of these rules, the
Commission will use the definition of a mobile station contained in
part 2 of its rules, ``[a] station in the mobile service intended to be
used while in motion or during halts at unspecified points.'' In
contrast, a transportable station, which the Commission's rules define
as ``[t]ransmitting equipment that is not intended to be used while in
motion, but rather at stationary locations,'' operates under the fixed
service allocation and would not be subject to the Resolution 750
limits. While transportable equipment is used in a limited number of
stationary locations (such as a fixed modem at a home or office),
mobile equipment could be used anywhere (for example, stopped at a red
light).
22. NTIA asks that, as an alternative to applying the Resolution
750 limits to fixed operations, the Commission mandate downtilt in
fixed operations to avoid transmissions towards EESS satellites.
Because there may be situations where downtilt is not feasible (for
example, a point-to-point link between two sites that differ in
elevation), rather than mandating downtilt, the Commission instead
strongly encourages licensees to avoid uptilt where practical.
23. Indoor small-cell systems. The Notice also sought comment on
Ericsson's and AT&T's proposal that indoor small-cell systems be exempt
from the Resolution 750 limits. In response to the Public Notice,
Ericsson stated that there is a growing interest in indoor small cell
deployments, the 24 GHz band may provide an opportunity to enhance
indoor coverage, and the technical rules for such use cases should not
deviate from what is currently allowed under part 30. Ericsson further
noted that ``several mitigating factors, including wall and building
entry losses and the potential
[[Page 100860]]
for clutter losses from nearby buildings, mitigate the need for more
stringent limits.'' Arguing that indoor small cells are not governed by
the WRC-19 agreement limits, CTIA contends that, because ``indoor small
cells are installed inside of buildings, the mobile signal level is
already reduced by hundreds to thousands of times . . . [and] as a
result, the commercial mobile signals will be negligible at the
satellite receiver, making tighter emissions levels for indoor small
cells unnecessary.'' T-Mobile agrees that exempting indoor small-cell
systems would not harm passive sensors in the 23.6-24.0 GHz band
because ``indoor small-cell systems operate inside buildings at a lower
power, making them subject to building attenuation.'' It maintains
that, ``[d]ue to the propagation characteristics of signals from indoor
small-cell systems, it is unlikely that those signals would propagate
outdoors and even be recognized by, let alone cause harmful
interference to, passive sensors.''
24. Other commenters oppose an exemption from the Resolution 750
limits for indoor small-cell systems. IEEE GRSS notes that
``[m]icrowave signals are not necessarily attenuated by all building
materials at these frequencies, and there is no assurance that
equipment built for indoor use may not be improperly installed in an
outdoor setting.'' CORF recommends against such an exemption,
``particularly for low-cost devices that may be deployed in large
numbers,'' and it agrees that, while these devices typically operate at
lower power, building entry loss serves to reduce emissions to a
``lower but not necessarily acceptable level.'' Similarly, NASA argues
that, while indoor operations may provide additional signal blockage of
those signals to NASA's passive sensors, this issue was not studied
during WRC-19 to determine the potential impact from indoor small-cell
operations on NASA missions. NASA further notes that `indoor-only' use
limitations are difficult to enforce, and expressed concern that even a
very small amount of hardware operating outside may pose impacts to
NASA mission success.
25. The Commission concludes that the current record is
insufficient to support exempting indoor base stations from the
Resolution 750 limits, and decline to do so at this time. The current
maximum power for UMFUS base stations is +75 dBm/100 MHz Although some
indoor operations may operate at lower power levels, and while there
may be some power level at which indoor operations could be safely
exempted, the Commission lacks a sufficient record on which to craft
such an exemption. Although the Notice asked parties advocating for
indoor exemption from Resolution 750 to provide technical
justification, no studies addressing the factors the Commission would
need to evaluate with respect to such an exemption were presented.
These factors would include, for example: (1) propagation/penetration
losses at 24 GHz, (2) the effect of building materials on such
propagation/penetration losses, especially materials used in ceilings
and roofs, since the receivers being protected are in the sky, and (3)
the sensitive nature of the observations being made in the passive
band. Given the insufficiency of the record, the Commission declines to
exempt indoor small-cell equipment from the Resolution 750 limits at
this time.
D. Measurement of Unwanted Emissions
26. In the 24 GHz Notice, the Commission proposed to allow
compliance with the unwanted emissions limits for the 23.6-24.0 GHz
band to be demonstrated using TRP measurements, given that Resolution
750 specifies the limits in terms of TRP. Total radiated power is a
measure of how much power is radiated by an antenna when the antenna is
connected to an actual radio (or transmitter). TRP is an active
measurement in that a powered transmitter is used to transmit through
the antenna. The total received power is calculated and summed up over
all possible angles (hence, it is a spherical or three dimensional
measurement).\11\ The Notice also sought comment on whether to permit
use of conductive power measurements as well. Maximum conducted output
power measurements do not take into account the efficiency of the
antenna.\12\
---------------------------------------------------------------------------
\11\ See <a href="https://www.antenna-theory.com/definitions/trp.php">https://www.antenna-theory.com/definitions/trp.php</a>. TRP
can also be defined as the integral of the power transmitted from
all antenna elements in different directions over the entire
radiation sphere. See ITU Radio Regulations (2020), Resolution 750
(Rev.WRC-19), Note 5, Vol. 3 at 522.
\12\ TRP of a transmitter is closely related to its conductive
power. In fact, TRP is product of antenna radiation efficiency, er,
and conductive power P (TRP = erP) and depending on antenna
efficiency, TRP can be virtually the same as the conductive power P.
See W.L. Stutzman and Gary A. Thiele, Antenna Theory and Design,
2013, equations 13-40 and 2-155.
---------------------------------------------------------------------------
27. The Commission will allow the use of both TRP and maximum
conductive output power measurements to ensure compliance with the
limits on emissions into the 23.6-24 GHz band, consistent with the part
30 rules applicable in other UMFUS bands.\13\ As CTIA and Nokia
observe, OET has issued a knowledge database (``KDB'') document that
permits both TRP and maximum conducted output power measurement
procedures to demonstrate regulatory compliance for UMFUS devices.\14\
In the Commission's experience, maximum conducted output power
measurements have worked well in these bands, and allowing use of
either TRP or maximum conducted output power measurements would provide
equipment manufacturers with maximum flexibility as they develop
equipment for the 24 GHz band. The Commission sees no reason to treat
the 24 GHz band differently from other UMFUS bands.
---------------------------------------------------------------------------
\13\ 47 CFR 30.203(a). The Commission will also add the existing
definition of ``maximum conducted output power'' contained in its
part 15 rules into its part 30 rules. See 47 CFR 30.2.
\14\ See Nokia Reply Comments (citing Basic Certification
Requirements and Measurement Procedures for Upper Microwave Flexible
Use Services (UMFUS) Devices, FCC Office of Engineering and
Technology Laboratory Division, Knowledge Database (KDB)
publication, KDB 842590 D01 (Apr. 20, 2021) <a href="https://apps.fcc.gov/kdb/GetAttachment.html?id=yV3FexQrXZMe%2F42JGriFdg">https://apps.fcc.gov/kdb/GetAttachment.html?id=yV3FexQrXZMe%2F42JGriFdg</a>.
---------------------------------------------------------------------------
28. The Commission finds the arguments that certain commenters have
raised against allowing conductive power measurements to be
unpersuasive. The Commission acknowledges, as IEEE GRSS, NTIA, NOAA,
and NASA point out, that the WRC-19 studies relied on TRP to develop
the Resolution 750 standards. By itself, however, that fact does not
mean that maximum conducted output power measurements cannot be used to
demonstrate compliance. NASA argues that conductive power methodology
does not provide an accurate characterization of the aggregate effects
of systems' components on the measurement results, and it asserts that
TRP and conductive power measurements methodologies may produce
different quantitative limits for unwanted emissions. The Commission
notes that conductive power measurements are more conservative than
TRP. In other words, if a conductive power measurement shows
compliance, the corresponding TRP measurement will demonstrate
compliance as well (although the converse will not necessarily be
true). Accordingly, allowing conductive power measurements does not
present a substantial risk that noncompliant equipment will be placed
into the marketplace.
29. In addition, parties against allowing conductive power
measurements argue that the TRP methodology is clearly understood, and
NOAA points to Ericsson's prior statement that it does not anticipate
[[Page 100861]]
difficulties performing TRP measurements. While there is broad support
for allowing TRP measurements, such measurements require use of an
anechoic chamber, which imposes additional costs, and may not be
available to all stakeholders. The Commission disagrees with NASA's
claim that using measurement techniques other than TRP would require
significant further technical analysis. The Commission has allowed
licensees and equipment manufacturers to perform conductive power
measurements in other UMFUS bands for many years, pursuant to the KDB
guidance discussed above, and using conductive power to measure
compliance with the Resolution 750 limits does not present any unique
new issues. While AGU, AMS and NWA argue that the calculations required
for OOBE measurements are not straightforward and allowing the use of
multiple measurement methods by the industry ``would only contribute to
the difficulty,'' they do not precisely explain what they perceive the
difficulty to be. Finally, CORF argues that many 24 GHz devices will
not have clean access to an antenna port, and even devices with access
to the radiating element's port may radiate unintentionally from other
parts of the equipment being tested. In those cases where there is no
clear access to an antenna port, the Commission anticipates that TRP
will be used. So long as equipment manufacturers follow the guidance
the Commission has issued, the Commission sees no reason why conductive
power measurements cannot work here, as they do in other UMFUS bands.
Accordingly, the Commission will allow compliance with the emissions
limits for equipment certification in the 24 GHz band to be
demonstrated by measurements showing that either TRP or maximum
conducted output power is within the limits set in Resolution 750.
E. Timetable for Application of WRC-19 Limits
30. Phase 1 to Phase 2 Transition Timetable. Having decided to
transition to the WRC-19 Resolution 750 OOBE limit regime for the 24
GHz band, the Commission must still determine when that transition will
take place--i.e., the appropriate timetable for moving to stricter
limits, as well as how it will occur--and the practical steps necessary
for transitioning equipment to the stricter limits. The Notice proposed
to apply the new Resolution 750 unwanted emissions limits on the
timetable adopted at WRC-19. This timing is set forth in two footnotes
to Resolution 750, that state:
\a\ A limit of -39 dB(W/200 MHz) will apply to IMT base stations
brought into use after 1 September 2027. This limit will not apply to
IMT base stations which have been brought into use prior to this date.
For those IMT base stations, the limit of -33 dB(W/200 MHz) will
continue to apply after this date.
and
\b\ A limit of -35 dB(W/200 MHz) will apply to IMT mobile stations
brought into use after 1 September 2027. This limit will not apply to
IMT mobile stations which have been brought into use prior to this
date. For those IMT mobile stations, the limit of -29 dB(W/200 MHz)
will continue to apply after this date.
31. The Commission adopts the WRC-19 timetable as proposed in the
Notice. The first phase limits (-33 dBW/200 MHz for base stations, -29
dBW/200 MHz for mobile stations) will apply as of the effective date of
the rules,\15\ and the second phase limits (-39 dBW/200 MHz for base
stations, -35 dBW/200 MHz for mobile stations) will apply to all
deployments brought into use (i.e., constructed and operating) after
September 1, 2027. This schedule strikes an appropriate balance between
protecting weather and scientific observations and promoting deployment
in the 24 GHz band. Various commenters support adopting the WRC-19
schedule. Moreover, the Commission wishes to incentivize the work of
manufacturers like Ericsson, which asserts it has already produced
equipment meeting the Phase 1 limit.
---------------------------------------------------------------------------
\15\ The rules the Commission adopts in this item will be
effective 30 days after Federal Register publication of the item.
---------------------------------------------------------------------------
32. The Commission declines to accelerate the effective date of the
Phase 2 standards, as requested by NOAA, IEEE GRSS, and AGU/AMS/NWA.
There is considerable uncertainty as to when equipment meeting Phase 2
standards will be available. Implementing Phase 2 standards prematurely
could make it impractical for licensees to deploy in the band. Finally,
while WRC-19 contemplated that there could be a longer period (up to
eight years) where Phase 1 equipment could be deployed, in fact
deployments will be required to comply with Phase 2 in fewer than three
years. Accordingly, it appears that the number of deployments using
Phase 1 equipment may be lower than originally contemplated at WRC-19.
33. The Commission also rejects T-Mobile's suggestion that the more
stringent Phase 2 limits should only apply to equipment ``authorized
for use'' after September 1, 2027, but that equipment could be
``brought into use'' after that date even if it was certified prior to
that date and only complied with the Phase 1 limits. T-Mobile argues
that purchased and certified equipment that only meets the Phase 1
limit but is unused due to certain delays beyond the control of the
provider should be allowed be installed even after September 1, 2027;
in other words, that providers should be permitted to use any equipment
that was manufactured and sold before September 1, 2027, indefinitely
under the Phase 1 limits so long as that equipment has been approved
for use by the Commission prior to that date. The Commission disagrees
with this position because the Commission believes this could act as an
incentive for entities to stock up on equipment that met the Phase 1
limit in order to deploy this equipment at their leisure during Phase
2, effectively allowing an `end-run' around the very concept of
implementing the Phase 2 limit after September 1, 2027. T-Mobile's
interpretation is plainly inconsistent with what was contemplated at
WRC-19. From the perspective of the ITU, equipment that is certified
but also ``brought into use'' prior to September 1, 2027, will be
`grandfathered'--i.e., allowed to continue to operate at the prior
emissions limits even after implementation of the stricter emissions
limits regime. But there is indeed a defined limit based on when
equipment is `brought into use.' As the Commission stated in the
Notice,
Because the unwanted emission limits for base stations and
mobile stations will change after September 1, 2027 under our
proposal, equipment certifications based on compliance with the
first phase limits would expire on that date. Any equipment
remaining in the supply chain--i.e. in warehouses or in transit--
would then be illegal to sell or install under our rules.
34. The Commission reiterates that, under the rules the Commission
adopts, any equipment ``brought into use'' after September 1, 2027 must
be ``authorized for use''--i.e., certified for use--according to the
Phase 2 limits of Resolution 750. The Commission also rejects IEEE
GRSS's argument that the ITU intended that ``all base station equipment
that does not comply with the -39 dBW/200 MHz limit should be modified
or removed by September 1, 2028.'' If Phase 1 equipment was brought
into use on August 31, 2027, it can continue to operate after September
1, 2027 per the ITU's footnote clarifications, even though it may not
meet the increased OOBE limits. The
[[Page 100862]]
Commission finds that it serves the public interest to use the ITU's
footnote clarifications for a clear and effective application of the
time table for the limits.
35. Certification of Phase 1 Equipment. The Commission also sought
comment in the Notice on how to transition equipment deployed under the
Phase 1 limits and to incentivize early and timely development and
deployment of Phase 2 equipment. The Notice pointed to the equipment
authorization program for RF devices as one tool meant to ensure
compliance with the technical rules. RF devices must comply with the
Commission's technical and equipment authorization requirements before
they can be imported into or marketed in the United States. Because
under the Commission's proposal, the unwanted emissions limits for base
stations and mobile stations will change on September 1, 2027,
equipment certifications based on compliance with the first phase
limits would no longer be granted on or after this date. Furthermore,
as noted above, any equipment remaining in the supply chain--i.e. in
warehouses or in transit--would then be illegal to sell or install
under the rules. In the Notice, the Commission sought comment on
whether it should prohibit the grant of new equipment certifications
for, or the importation of, equipment not complying with the Phase 2
unwanted emissions limits at a date prior to September 1, 2027, as a
means of both preventing equipment certified as complying only with
Phase 1 limits from remaining in the supply chain--in warehouses or in
transit--or being brought into use after September 1, 2027. As an
example, the Commission stated that it could cease granting new
equipment certifications or cease permitting importation of equipment
only meeting the first phase limit after March 1, 2027, or six months
prior to implementation of the second phase limits.
36. The Commission declines to accelerate the deadline for
equipment certification of Phase 1 equipment since the Commission does
not believe that it would incentivize the early development and
deployment of Phase 2 equipment, but instead may place additional
burdens on large and small equipment manufacturers and carriers
planning their own affairs. The benefits touted by proponents of
setting an earlier certification deadline rely on arguments that the
Commission does not find persuasive in light of the licensing and
compliance paradigm it now clarifies. Under the interpretation of
Resolution 750 limits for the 24 GHz band that the Commission adopts
and incorporates into its rules, equipment meeting the Phase 1 limits
can be brought into use up through September 1, 2027, and can remain in
use thereafter. Accordingly, the Commission sees no need to stop
certifying Phase 1 equipment before September 1, 2027. The Commission
emphasizes that the September 1, 2027 deadline for bringing Phase 1
equipment into use is firm, and equipment manufacturers and licensees
must keep that firm deadline in mind when deciding to develop or to
purchase Phase 1 equipment. Any decision to develop or to purchase
equipment that does not meet Phase 2 emissions limits close to the
September 1, 2027 deadline will be solely at the risk of the equipment
manufacturer or licensee, and the Commission presumes that it will plan
accordingly. This decision trusts equipment manufacturers and carriers
to structure their own affairs, gives them a well-defined timeline to
do so, and removes any disincentive for manufacturers to prematurely
cease producing equipment that meets Phase 1.
37. Requiring Phase 1 Equipment to Transition to Phase 2. The
Commission also sought comment in the Notice on what should happen with
Phase 1 equipment still operating after the Phase 2 deadline. NTIA,
NOAA, and NASA advocate that equipment modified or replaced after
September 1, 2027, must meet the more stringent Phase 2 OOBE levels.
AGU/AMS/NWA, IEEE GRSS, and NOAA ask that base station and user
equipment that does not comply with the -39 dBW/200 MHz limit be given
a sunset date of September 1, 2028, by which it must be modified/
retrofitted to meet the more stringent limits or removed.
38. The Commission declines to establish a hard date by which Phase
1 equipment brought into use on or prior to September 1, 2027, must
comply with the Phase 2 limits, subject to certain conditions, as
explained further below. Establishing a hard sunset date would be
inconsistent with the WRC-19 framework, which contemplates that Phase 1
equipment brought into use prior to September 1, 2027, could be
operated indefinitely. Furthermore, the proponents of a hard sunset
date have not offered any technical justification for such a sunset
date, nor have they cited any factor that was allegedly not considered
at WRC-19.
39. Rather, the Commission will adopt NTIA's proposal to require
that equipment modified or replaced after September 1, 2027, must meet
the more stringent Phase 2 emissions limits, clarified by CTIA and T-
Mobile's suggestion that, for purposes of this requirement, only base
station modifications that affect emission characteristics would
constitute a ``modification'' requiring compliance with the Phase 2
limits. The Commission believes these decisions strike the appropriate
balance between granting licensees flexibility and being consistent
with the decisions made at WRC-19. On the one hand, allowing licensees
to make ``modifications'' to equipment without restriction could result
in equipment that is substantially different from what is initially
deployed not being subject to the Phase 2 limits. On the other hand,
there are many sorts of routine modifications that could be made to
equipment that would have no impact on the equipment's compliance with
the Resolution 750 limits. As CTIA notes, requiring that any
modification trigger compliance with the Phase 2 limits would be overly
broad and would effectively preclude licensees from making any changes
to existing deployments without purchasing and installing entirely new
equipment. The Commission sees no reason why those sorts of routine
modifications should trigger a requirement to replace that equipment.
Since the emission characteristics are critical here, the Commission
concludes that only modifications that would change the emission
characteristics of the equipment would constitute a ``modification''
that would trigger a requirement to comply with the Phase 2 emissions
limits. The Commission also concludes that any equipment that is
completely replaced after September 1, 2027 should be treated as if it
is newly installed and therefore subject to the post-September 1, 2027
emissions limits of the ITU Resolution 750.
III. Final Regulatory Flexibility Analysis
40. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Modifying Emissions Limits for the 24.25-24.45 GHz
and 24.75-25.25 GHz Band, Notice of Proposed Rulemaking (Notice)
released in December 2023. The Commission sought written public comment
on the proposals in the Notice, including comment on the IRFA. No
comments were filed addressing the IRFA. This present Final Regulatory
Flexibility Analysis (FRFA) conforms to the RFA.
A. Need for, and Objectives of, the Final Rules
41. The Report and Order adopted by the Commission implements
certain
[[Page 100863]]
decisions regarding the 24.25-27.5 GHz band made in the World
Radiocommunication Conference held by the International
Telecommunication Union (ITU) in 2019 (WRC-19). The Commission aligns
part 30 of its rules for mobile operations with the Resolution 750
limits on unwanted emissions into the passive 23.6-24.0 GHz band that
were adopted at WRC-19, and specifically the Commission: (1) applies
the Resolution 750 unwanted OOBE limits to all mobile operations; (2)
declines to adopt limits more stringent than those imposed by
Resolution 750; (3) declines to apply the Resolution 750 limits to
fixed operations, including point-to-point and point-to-multipoint
systems; (4) declines to exempt indoor small-cell equipment from the
Resolution 750 limits; (5) allows the demonstration of compliance with
the unwanted emissions limits for the 23.6-24.0 GHz band using both
conducted power measurement methodology in addition to the Total
Radiated Power (TRP) methodology; and (6) sets the timetable for
application of Resolution 750 limits. These rule changes and decisions
will promote international harmonization, help to facilitate the
protection of passive sensors used for weather forecasting and
scientific research in the 23.6 GHz-24.0 GHz band, while continuing to
promote flexible commercial use of the 24.25-24.45 GHz and 24.75-25.25
GHz bands (collectively, 24 GHz band).
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
42. There were no comments filed that specifically addressed the
proposed rules and policies presented in the IRFA.
C. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
43. Pursuant to the Small Business Jobs Act of 2010, which amended
the RFA, the Commission is required to respond to any comments filed by
the Chief Counsel for Advocacy of the Small Business Administration
(SBA), and to provide a detailed statement of any change made to the
proposed rules as a result of those comments. The Chief Counsel did not
file any comments in response to the proposed rules in this proceeding.
D. Description and Estimate of the Number of Small Entities to Which
the Rules Will Apply
44. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by rules adopted herein. The RFA generally defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one which: (1) is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the SBA.
45. Small Businesses, Small Organizations, Small Governmental
Jurisdictions. The Commission's actions, over time, may affect small
entities that are not easily categorized at present. The Commission
therefore describes, at the outset, three broad groups of small
entities that could be directly affected herein. First, while there are
industry specific size standards for small businesses that are used in
the regulatory flexibility analysis, according to data from the Small
Business Administration's (SBA) Office of Advocacy, in general a small
business is an independent business having fewer than 500 employees.
These types of small businesses represent 99.9% of all businesses in
the United States, which translates to 33.2 million businesses.
46. Next, the type of small entity described as a ``small
organization'' is generally ``any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.''
The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000
or less to delineate its annual electronic filing requirements for
small exempt organizations. Nationwide, for tax year 2022, there were
approximately 530,109 small exempt organizations in the U.S. reporting
revenues of $50,000 or less according to the registration and tax data
for exempt organizations available from the IRS.
47. Finally, the small entity described as a ``small governmental
jurisdiction'' is defined generally as ``governments of cities,
counties, towns, townships, villages, school districts, or special
districts, with a population of less than fifty thousand.'' U.S. Census
Bureau data from the 2022 Census of Governments indicate there were
90,837 local governmental jurisdictions consisting of general purpose
governments and special purpose governments in the United States. Of
this number, there were 36,845 general purpose governments (county,
municipal, and town or township) with populations of less than 50,000
and 11,879 special purpose governments (independent school districts)
with enrollment populations of less than 50,000. Accordingly, based on
the 2022 U.S. Census of Governments data, the Commission estimates that
at least 48,724 entities fall into the category of ``small governmental
jurisdictions.''
48. Wireless Telecommunications Carriers (except Satellite). This
industry comprises establishments engaged in operating and maintaining
switching and transmission facilities to provide communications via the
airwaves. Establishments in this industry have spectrum licenses and
provide services using that spectrum, such as cellular services, paging
services, wireless internet access, and wireless video services. The
SBA size standard for this industry classifies a business as small if
it has 1,500 or fewer employees. U.S. Census Bureau data for 2017 show
that there were 2,893 firms in this industry that operated for the
entire year. Of that number, 2,837 firms employed fewer than 250
employees. Additionally, based on Commission data in the 2022 Universal
Service Monitoring Report, as of December 31, 2021, there were 594
providers that reported they were engaged in the provision of wireless
services. Of these providers, the Commission estimates that 511
providers have 1,500 or fewer employees. Consequently, using the SBA's
small business size standard, most of these providers can be considered
small entities.
49. Fixed Microwave Services. Fixed microwave services include
common carrier, private-operational fixed, and broadcast auxiliary
radio services. They also include the Upper Microwave Flexible Use
Service (UMFUS), Millimeter Wave Service (70/80/90 GHz), Local
Multipoint Distribution Service (LMDS), the Digital Electronic Message
Service (DEMS), 24 GHz Service, Multiple Address Systems (MAS), and
Multichannel Video Distribution and Data Service (MVDDS), where in some
bands licensees can choose between common carrier and non-common
carrier status. Wireless Telecommunications Carriers (except Satellite)
is the closest industry with a SBA small business size standard
applicable to these services. The SBA small size standard for this
industry classifies a business as small if it has 1,500 or fewer
employees. U.S. Census Bureau data for 2017 show that there were 2,893
firms that operated in this industry for the entire year. Of this
number, 2,837 firms employed fewer than 250 employees. Thus under the
SBA size standard, the Commission estimates that a majority of fixed
[[Page 100864]]
microwave service licensees can be considered small.
50. Additionally, since the Commission does not collect data on the
number of employees for licensees providing these services, at this
time the Commissions not able to estimate the number of licensees with
active licenses that would qualify as small under the SBA's small
business size standard.
51. Satellite Telecommunications. This industry comprises firms
``primarily engaged in providing telecommunications services to other
establishments in the telecommunications and broadcasting industries by
forwarding and receiving communications signals via a system of
satellites or reselling satellite telecommunications.'' Satellite
telecommunications service providers include satellite and earth
station operators. The SBA small business size standard for this
industry classifies a business with $44 million or less in annual
receipts as small. U.S. Census Bureau data for 2017 show that 275 firms
in this industry operated for the entire year. Of this number, 242
firms had revenue of less than $25 million. Additionally, based on
Commission data in the 2022 Universal Service Monitoring Report, as of
December 31, 2021, there were 65 providers that reported they were
engaged in the provision of satellite telecommunications services. Of
these providers, the Commission estimates that approximately 42
providers have 1,500 or fewer employees. Consequently, using the SBA's
small business size standard, a little more than half of these
providers can be considered small entities.
52. All Other Telecommunications. This industry is comprised of
establishments primarily engaged in providing specialized
telecommunications services, such as satellite tracking, communications
telemetry, and radar station operation. This industry also includes
establishments primarily engaged in providing satellite terminal
stations and associated facilities connected with one or more
terrestrial systems and capable of transmitting telecommunications to,
and receiving telecommunications from, satellite systems. Providers of
internet services (e.g. dial-up ISPs) or Voice over internet Protocol
(VoIP) services, via client-supplied telecommunications connections are
also included in this industry. The SBA small business size standard
for this industry classifies firms with annual receipts of $40 million
or less as small. U.S. Census Bureau data for 2017 show that there were
1,079 firms in this industry that operated for the entire year. Of
those firms, 1,039 had revenue of less than $25 million. Based on this
data, the Commission estimates that the majority of ``All Other
Telecommunications'' firms can be considered small.
53. Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturing. This industry comprises establishments
primarily engaged in manufacturing radio and television broadcast and
wireless communications equipment. Examples of products made by these
establishments are: transmitting and receiving antennas, cable
television equipment, GPS equipment, pagers, cellular phones, mobile
communications equipment, and radio and television studio and
broadcasting equipment. The SBA small business size standard for this
industry classifies businesses having 1,250 employees or less as small.
U.S. Census Bureau data for 2017 show that there were 656 firms in this
industry that operated for the entire year. Of this number, 624 firms
had fewer than 250 employees. Thus, under the SBA size standard, the
majority of firms in this industry can be considered small.
E. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
54. The Report and Order expands the compliance obligations of
Resolution 750's emissions limits to all mobile operations in the 24
GHz band. However, the adoption of the Resolution 750 emissions limits,
emissions limits measurement methodology and emissions limits effective
date timetables will not impose any new reporting or recordkeeping
requirements on small or other entities. No comments were filed in this
proceeding regarding the specific implications of the Commission's
proposals, including any associated costs, on small entities. In
assessing the cost of compliance for small entities, at this time the
Commission is not in a position to determine whether these actions will
require small entities to hire professionals to comply, and cannot
quantify the cost of compliance with the rule changes that were
adopted. The Commission notes, as the Commission did in the IRFA
addressing the proposal, that comments in response to the Public Notice
that raised concerns about increased costs if Resolution 750 emissions
limits are adopted, have been taken into consideration.
F. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
55. The RFA requires an agency to provide ``a description of the
steps the agency has taken to minimize the significant economic impact
on small entities . . . including a statement of the factual, policy,
and legal reasons for selecting the alternative adopted in the final
rule and why each one of the other significant alternatives to the rule
considered by the agency which affect the impact on small entities was
rejected.''
56. In making its determinations regarding the rules adopted in the
Report and Order, the Commission has sought data on the costs and
economic impact of the proposals and approaches discussed in the Notice
in order to allow the Commission to better evaluate options and
alternatives for minimization of any significant economic impact on
small entities if Resolution 750 emissions limits and effective date
timetables were adopted.
57. Based on the record in this proceeding, the Commission's
adoption of Resolution 750 emissions limits strives to strike the
appropriate balance between protecting passive sensing satellite
operations and facilitating use of the 24 GHz band. For example, in the
Report and Order, the Commission considered, but ultimately declined to
adopt rules accelerating the deadline for equipment certification of
Phase 1 equipment. In taking that step, the Commission minimized
significant economic and administrative burdens on small equipment
manufacturers and carriers seeking to plan their own affairs.
Additionally, the Commission could have developed and adopted its own
emissions limits and related requirements which may have included
emissions limits that were more or less strict than the Resolution 750
emissions limits. The Commission could have also simply maintained the
existing rules. However, all commenters--including the weather
community, scientific community, mobile operators, equipment
manufacturers, Federal agencies, and other commentors, some of which
are small entities--agreed that the Commission should align its rules
with Resolution 750 to protect extremely sensitive passive satellite
operations, facilitate the continued development and deployment of 5G
in the U.S., promote international harmonization, enable equipment
manufacturers to provide globally marketable equipment, and to be
consistent with U.S. policy relating to
[[Page 100865]]
Radio Regulations. Thus, the synchronicity between the Resolution 750
emissions limits and the Commission's part 30 rules appears to be the
best course of action, although small entities that hold licenses
subject to these rules may incur increased deployment costs to comply
with the more stringent Resolution 750 emissions limits.
58. In the alternative, if the Commission were to propose and adopt
its own emissions limits, particularly if the emissions limits were
stricter than both the existing emissions limits and Resolution 750
emissions limits, small entities could be subjected to significantly
increased compliance costs without any of the above-mentioned benefits.
Further, if the Commission were to propose and adopt less stringent
emissions limit requirements or if the Commission simply maintained the
existing requirements, its rules may not provide the necessary
protections for passive satellite operations to operate in the 24 GHz
band and might make it difficult for EESS to make observations free
from harmful interference, thereby jeopardizing the accuracy of
critical weather forecasting and climatology data. Instead, the
Commission believes adoption of the Resolution 750 emissions limits,
which were carefully considered andthe product of extensive industry
collaboration, is the right approach and any potential burdens are
outweighed by the benefits of protecting passive observations in the
23.6-24.0 GHz band, including improvements in weather forecasting.
59. The Commission received several comments regarding applying the
emissions limits to indoor small cell operations. CTIA noted that doing
so would impose significant regulatory costs on manufacturers to obtain
equipment certification and could delay deployment, without conferring
additional benefit to EESS. Ericsson explained that ``[t]he Resolution
750 limits are not necessary to protect adjacent services from indoor
small cell systems and applying them would only add production costs
that hinder the deployment of small cell systems in the band.'' As
discussed in the Report and Order, the Commission found that the record
was insufficient to support exempting indoor base stations, and decided
to apply the Resolution 750 limits to indoor small-cell mobile
equipment. While commenters noted that doing so would be unnecessary to
reduce the risk of interference and may be costly--commenters did not
include specifics, figures, or examples in their filings. As the
Commission noted, while an argument could be made for exempting indoor
base stations, doing so would require further record development on an
appropriate power level for indoor base stations. On the current
record, it is unclear to what extent exempting indoor base stations
from the Resolution 750 limits would be useful or what sort of cost
alleviation--if any--may occur.
60. The Commission also received comments regarding implementation
timeline and requirements. AT&T and Qualcomm noted that an accelerated
timeline would be ``impractical and costly,'' for stakeholders. For
this reason and others discussed in the Report and Order, the
Commission adopted the Resolution 750 unwanted emissions limits on the
timeframes adopted at WRC-19. The first phase limits (-33 dBW for base
stations, -29 dBW for mobile stations) will apply as of the effective
date of the rules, and the second phase limits (-39 dBW for base
stations, -35 dBW for mobile stations) will apply to all deployments
after September 1, 2027.
61. AT&T further stated that requiring 24 GHz licensees to replace
existing equipment before they intend to place Phase 2 equipment into
service would be costly and inefficient, which would discourage
deployments before the Phase 2 compliance date. As discussed, to the
extent that equipment meeting only the Phase 1 emissions limit is
installed sometime on or prior to September 1, 2027, the Commission
adopted NTIA's proposal that it ``require base station and user
equipment modified or replaced after September 2027 to comply with the
post-September 2027 emissions limits.'' But due to cost and
inefficiency concerns expressed, the Commission added the clarification
that only equipment that undergoes replacement, or modifications that
change the emission characteristics of the equipment would constitute a
``modification or replacement'' triggering the requirement that this
equipment must be Phase 2 compliant.
IV. Ordering Clauses
62. Accordingly, it is ordered, pursuant to sections 4(i), 301,
302, 303(r), 308, 309, and 333 of the Communications Act of 1934, 47
U.S.C. 154(i), 301, 302a, 303(r), 308, 309, 333, that this Report and
Order is hereby adopted.
63. It is further ordered that sections 2.106 and 30.203 of the
Commission's rules are amended as specified in the Final Rules (below)
of the Report and Order, and such rule amendments will become effective
30 days after the date of publication in the Federal Register.
64. It is further ordered that the Commission's Office of the
Secretary, shall send a copy of this Report and Order, including the
Final Regulatory Flexibility Analysis, to the Chief Counsel for
Advocacy of the Small Business Administration.
65. It is further ordered that the Office of the Managing Director,
Performance Program Management, shall send a copy of this Report and
Order in a report to be sent to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, 5
U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Parts 2 and 30
Communications common carriers, Communications equipment.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 2 and 30 as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
2. Amend Sec. 2.106, in the Table of Frequency Allocations, by
revising pages 54 and 55 in paragraph (a) and adding paragraph (c)(146)
to read as follows:
Sec. 2.106 Table of Frequency Allocations.
(a) * * *
* * * * *
BILLING CODE 6712-01-P
[[Page 100866]]
[GRAPHIC] [TIFF OMITTED] TR13DE24.085
[[Page 100867]]
[GRAPHIC] [TIFF OMITTED] TR13DE24.086
BILLING CODE 6712-01-C
* * * * *
(c) * * *
(146) US146 In the bands 24.25-24.45 GHz and 24.75-27.5 GHz, the
maximum
[[Page 100868]]
conducted output power or the total radiated power (TRP) of emissions
from stations in the mobile service in any 200 MHz of the band 23.6-24
GHz shall not exceed -33 dBW/200 MHz for base stations and -29 dBW/200
MHz for mobile stations, and for stations brought into use after
September 1, 2027, the maximum conducted output power or TRP shall not
exceed -39 dBW/200 MHz for base stations and -35 dBW/200 MHz for mobile
stations. If equipment brought into use on or prior to September 1,
2027 is replaced, or modified in a manner that changes the emissions
characteristics of the equipment, the equipment must then comply with
the -39 dBW/200 MHz limit for base stations and -35 dBW/200 MHz limit
for mobile stations.
* * * * *
PART 30--UPPER MICROWAVE FLEXIBLE USE SERVICE
0
3. The authority citation for part 30 continues to read as follows:
Authority: 47 U.S.C. 151, 152, 153, 154, 301, 303, 304, 307,
309, 310, 316, 332, 1302, unless otherwise noted.
0
4. Amend Sec. 30.2 by adding in alphabetical order the definition of
``Maximum Conducted Output Power'' to read as follows:
Sec. 30.2 Definitions.
* * * * *
Maximum Conducted Output Power. The total transmit power delivered
to all antennas and antenna elements averaged across all symbols in the
signaling alphabet when the transmitter is operating at its maximum
power control level. Power must be summed across all antennas and
antenna elements. The average must not include any time intervals
during which the transmitter is off or is transmitting at a reduced
power level. If multiple modes of operation are possible (e.g.,
alternative modulation methods), the maximum conducted output power is
the highest total transmit power occurring in any mode.
* * * * *
0
5. Amend Sec. 30.203 by revising the section heading and adding
paragraph (d) to read as follows:
Sec. 30.203 Emissions limits.
* * * * *
(d)(1) In addition to the limits noted in paragraphs (a) through
(c) of this section, for licensees operating mobile equipment in the
24.25-24.45 GHz or 24.75-25.25 GHz bands, the maximum conducted output
power or the total radiated power of emissions in any 200 MHz of the
23.6-24.0 GHz band shall not exceed -33 dBW (for base stations) or -29
dBW (for mobile stations).
(2) For mobile equipment brought into use after September 1, 2027,
the maximum conducted output power or the total radiated power of
emissions in any 200 MHz of the 23.6-24.0 GHz band shall not exceed -39
dBW (for base stations) or -35 dBW (for mobile stations). If equipment
brought into use on or prior to September 1, 2027 is replaced, or
modified in a manner that changes the emissions characteristics of the
equipment, the equipment must then comply with the emissions limits in
this paragraph (d).
[FR Doc. 2024-29313 Filed 12-12-24; 8:45 am]
BILLING CODE 6712-01-P
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