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Service for Dedicated Short ) Range Communications of Intelligent) Transportation Services)  X 'P REPORT AND ORDERV'Meport and Order c  Xy4 Adopted: October 21, 1999hh]pp Released: October 22, 1999  XK4 By the Commission:  X4e INTRODUCTION ă  X4 ( 1.` ` By this action, we allocate 75 megahertz of spectrum at 5.8505.925 GHz to the  !}mobile service for use by Dedicated Short Range Communications ("DSRC") systems operating  !in the Intelligent Transportation System ("ITS") radio service. ITS services are expected to  !"improve traveler safety, decrease traffic congestion, facilitate the reduction of air pollution, and  !Ihelp to conserve vital fossil fuels. DSRC systems are being designed that require a short range  !wireless link to transfer information between vehicles and roadside systems. We are also adopting  !basic technical rules establishing power limits, unwanted emission and frequency stability limits  !for DSRC operations. We defer consideration of licensing and service rules and spectrum  !channelization plans to a later proceeding because standards addressing such matters are still  !@under development by the Department of Transportation. Once such standards are developed, the  ! Commission could take whatever action is necessary to implement the standards related to DSRC  X4 !use. Our decisions here will further the goals of the United States ("U.S.") Congress and the  !WDepartment of Transportation to improve the efficiency of the Nation's transportation infrastructure and will facilitate the growth and development of the ITS industry. "",))ZZ "  X4k BACKGROUND ă  X4 ( 2.` ` On June 11, 1998, the Commission voted to approve and released the Notice of  X4 !MProposed Rule Making ("NPRM")\ {O6' x ԍSee Amendment of Parts 2 and 90 of the Commission's Rules to Allocate the 5.8505.925 GHz Band to the  ! Mobile Service for Dedicated Short Range Communications of Intelligent Transportation Services, Notice of Proposed  {O'Rule Making, ET Docket No. 9895, 13 FCC Rcd 14321 (1998). in ET Docket No. 9895 which proposed to allocate the 5.85 X4 !5.925 GHz band on a primary basis to the mobile service for use by DSRCbased yOE ' x ԍAppendix B provides examples of DSRC applications that were described in ITS America's Petition for Rule Making, Appendix C at 4. ITS  X4 !Ioperations.BD yO ' x ԍThe Intermodal Surface Transportation Efficiency Act of 1991 ("ISTEA") established a national program  !Q within the U.S. Department of Transportation ("DOT") to develop "Intelligent Transportation Systems" or "ITS"  ! within the United States. Section 6059 of ISTEA defines ITS as: The development or application of electronics,  !k communications, or information processing (including advanced traffic management systems, commercial vehicle  !? operations, advanced traveler information systems, commercial and advanced vehicle control systems, advanced public  ! transportation systems, satellite vehicle tracking systems, and advanced vehicle communications systems) used singly  {O6' ! or in combination to improve the efficiency and safety of surface transportation systems. See Pub. L. No. 102240, 105 Stat. 1914 (1991).  As discussed in the NPRM, ITS applications rely upon the integration of advanced  !}communications systems and highway infrastructure systems. Communications are an essential  !pcomponent of the backbone of all ITS applications, which rely on the swift and accurate flow of  !information. While many ITS communications requirements are being met within the framework  X74 !/of existing telecommunications systems, the NPRM stated that there is a need for spectrum for  !reliable shortrange wireless communications links between vehicles traveling at highway speeds  X 4 !"and roadside systems, i.e., DSRC.F N  {O ' x4 ԍSee NPRM at 7,14. An example of an emerging DSRC application is Automated Roadside Safety  !% Inspection, which would enable the transmission of vehicle safety and other data between roadside inspection stations  ! and large commercial trucks moving at highway speeds. The trucks would thus not need to stop unless signalled  !! to do so by authorities at the inspection station. Another application, Incident Management operations, would use  yO,' ! roadway sensors and DSRCequipped vehicles to more quickly detect traffic congestion (accidents, traffic from  {O'sporting events, etc.) and dispatch any necessary emergency personnel or take other needed action.F Accordingly, the Commission proposed an allocation of 75  !"megahertz of spectrum near 5.9 GHz for DSRC operations and requested comment on various related matters.  X 4 ( 3.` ` Two days before the release of the NPRM, on June 9, 1998, the President signed  X4 !the Transportation Equity Act for the 21st Century. {O#'ԍSee Transportation Equity Act for the 21st Century, Pub. L.105178, signed June 9, 1998. Section 5206(f) of this Act states that "[t]he  !Federal Communications Commission shall consider, in consultation with the Secretary, spectrum  !needs for the operation of intelligent transportation systems, including spectrum for the dedicated  !short-range vehicle-to-wayside wireless standard. Not later than January 1, 2000, the Federal"Y\,-(-(ZZ7"  !Communications Commission shall have completed a rule making considering the allocation of spectrum for intelligent transportation systems."  X4 ( 4.` ` In response to the NPRM, the Commission received 13 comments and 6 reply  !comments. ITS proponents support the allocation of 75 megahertz of spectrum at 5.855.925 GHz  !"for use by DSRCbased ITS services. Amateur radio entities argue that other spectrum bands  !above 40 GHz would be more appropriate and that the DSRC allocation would substantially  !reduce the value of the 5.9 GHz band to the Amateur radio service. Additionally, Resound  !VCorporation ("Resound") opposes DSRC operations in the 5.8505.875 GHz segment because it  !plans to use this spectrum on an unlicensed basis for hearing assistance devices and earpiece communications for devices such as cellular phones and land mobile radios.  X 4u DISCUSSION ă  X 4 ( 5.` ` We are cognizant of the substantial efforts by both Government and non !Government entities to develop, in response to Congress' transportation legislation, a National  X4 !ITS Plan and Architectureb yO ' xZ ԍThe DOT, in cooperation with public and private partners throughout the United States, has sought to foster  ! the development of ITS through the creation of a "National ITS Program Plan" and "National ITS Architecture."  !Z The National ITS Program Plan and Architecture identify 30 "user services" or applications that comprise the  ! collaborative public/private vision of ITS, as well as the technological framework for implementing these services.  {O+'See NPRM at 2.b addressing ways of using communications technologies to increase  !4the efficiency of the nation's transportation infrastructure. The record in this proceeding  !overwhelmingly supports the allocation of spectrum for DSRCbased ITS applications to increase  !traveler safety, reduce fuel consumption and pollution, and continue to advance the nation's  !economy. As discussed below, while some parties argue that other spectrum may be more  !@appropriate for DSRC operations, we find that the 5.855.925 GHz band can accommodate a wide  !variety of reliable DSRC applications without significantly hindering other users of this spectrum.  X4A. Spectrum Allocation.  X4 ( m6.` ` The 5.8505.925 GHz band is allocated internationally on a primary basis for Fixed  X4 !Services, Fixed Satellite Service ("FSS") Earthtospace links ("uplinks"), and Mobile Services.  Xi4 !Additionally, in Region 2XZiz yO!' x  ԍThe International Telecommunications Union ("ITU") Radio Regulations divide the world into three regions  {O\"' ! for the purposes of its rules and North America is within Region 2. For a precise description of these regions, see 47 C.F.R. 2.104(b).X this band is allocated on a secondary basis to the Amateur radio  !service and the Radiolocation service. Further, the 5.8505.875 GHz segment is designated"R,-(-(ZZN"  X4 !internationally for industrial, scientific and medical ("ISM") applications.mX yOy' x ԍInternational Footnote S5.150 incorporates the older provisions of Footnote 806 designating the 5.7255.875  !. GHz band for ISM applications and states that radiocommunication services operating within this band must accept harmful interference which may be caused by these applications.m Domestically, the  !entire 5.8505.925 GHz band is currently allocated on a coprimary basis for the Government's  X4 !hRadiolocation Service (i.e., for use by highpowered military radar systems) and for non !Government FSS uplink operations. ISM devices and unlicensed Part 15 devices are also  !<permitted to operate in the 5.8505.875 GHz segment. Finally, the Amateur radio service has a  X4secondary domestic allocation in the entire band.p  {O( 'ԍSee 47 C.F.R.  2.106, Table of Frequency Allocations.p  Xa4 ( 7.` ` In the NPRM, we stated that the 5.9 GHz range was appropriate for DSRC  !applications due to its potential compatibility with European and Asian DSRC developments, the  X54 !availability of radio technology, signal propagation characteristics, and the available spectral  X 4 !ycapacity in this spectrum range.K  z {OI'ԍSee NPRM at  13.K After carefully reviewing the record, we conclude that an  !Vallocation of spectrum in the 5.9 GHz region is the best available choice for DSRC applications.  !The comments confirm that DSRCbased ITS applications are being developed internationally in  !this frequency range. Therefore, an allocation for DSRC operations in the 5.9 GHz region should  X 4 !/produce economies of scale that will reduce costs and promote international compatibility. The  !/record also demonstrates that the propagation characteristics of this region of the spectrum are  X4 !well suited to the short range communications of up to a mile that will typify DSRC operations. X  yOQ' x/ ԍWe are primarily concerned with DSRC applications such as Automated Roadside Safety Inspection and  ! Automated Highway Systems where the roadside infrastructure would need to communicate with vehicles up to a mile away and may have to go around or through obstacles such as trees and buildings along a highway.   !The ITS community has done research showing that the 5.855.925 GHz frequency band provides  Xf4adequate range for DSRC communications and reasonable frequency reuse distances. ^f,  {OC' xR ԍSee Spectrum Requirements for Dedicated Short Range Communications (DSRC) Public Safety and  {O ' ! Commercial Applications, prepared by ARINC at Appendix D (1996). See also European Prestandard, Road Traffic  {O'and Transport Telematics (RTTT), Attachment 3 to Appendix L of the ITS America Petition at 23.  X84 ( 8.` ` The American Radio Relay League ("ARRL") argues that the Commission has not  !adequately considered alternative spectrum above 40 GHz that is relatively available and could  X 4 !be used for short range communications.N R  {O #'ԍSee ARRL Comments at 5.N We find that the propagation characteristics of  !millimeter wave spectrum would not accommodate any DSRC applications. Specifically, signals  !in the millimeter wave spectrum tend to be sharply attenuated by the atmosphere, foliage and" ,-(-(ZZ"  X4 !other objects. {Oy' x ԍSee Millimeter Wave Propagation: Spectrum Management Implications, Federal Communications Commission, Office of Engineering and Technology, Bulletin Number 70 (1997). While these characteristics may be favorable for some applications, this spectrum  !Eis generally used for line of sight communications and is rarely used in a mobile environment  !where signals can easily be blocked. DSRC applications will be mobile and not all DSRC  !<communications will be line of sight. Further, many DSRCbased ITS services will need a high  !degree of reliability which could not be achieved using spectrum above 40 GHz due to the  !potential for signal blockage. Therefore, we find that millimeter wave spectrum would not be  !appropriate for DSRCbased ITS communications. Further, DSRC applications at millimeter  !cwave frequencies would not benefit from the global research and development being performed for the 5.9 GHz range.  X 4 ( 9.` ` Amateur radio interests and Resound argue that the proposed allocation of 75  !megahertz of spectrum for DSRC operations is excessive and that neither the comments nor the  X 4 !&NPRM justified such a large allocation.i " {O'ԍSee ARRL Comments at 5 and Resound Comments at 10.i The Department of Transportation ("DOT") asserts that  !pan allocation of 75 megahertz is needed to provide for future growth and development of a wide  !array of DSRC applications and to promote investment in ITS technology. Based on the record,  !"we conclude that an allocation of 75 megahertz of spectrum for DSRC is warranted. First, we  X4 !<note that DSRC applications are a key element in meeting the nation's transportation needs into  !the next century and in improving the safety of our nation's highways. With this goal in mind,  ![we agree with the DOT that it is important to provide sufficient spectrum to facilitate the  !_development and growth of DSRC applications. For example, this allocation will ensure that  !<adequate spectrum will be available for advanced DSRC applications that are anticipated in the  X4 !}future, such as Automated Highway systems, yO' x ԍAutomated Highway Systems ("AHS") would transfer full control of equipped vehicles to an automated system operating on designated AHS lanes. which could require several dedicated wideband  !channels to ensure service reliability. We also find that an allocation of 75 megahertz will provide the flexibility needed to share spectrum with incumbent operations.  X4 ( F 10.` ` ARRL argues that an allocation of 75 megahertz is unjustified compared to the 10  X4 !}megahertz being made available in Europe for similar DSRC applications.V  {Oi 'ԍSee ARRL Comments at 7. V The European Road  !Transport and Traffic Telematics ("RTTT") prestandard consists of 10 megahertz at 5.7955.805  !GHz with an additional 10 megahertz available on a national basis at 5.8055.815 GHz, and  Xg4 !Vrecommends that this spectrum be made available on an exclusive basis to avoid interference.`g {O$'ԍSee ITS America Comments Appendix B at 6.`  !However, the European prestandard allows for 5 megahertz channel pairs and is intended to"P0 ,-(-(ZZ"  X4 !provide far fewer applications than planned for in the National ITS Architecture for the U.S.} {Oy'ԍSee i.e., ITS America Petition at 930 and Attachment 3 to Appendix L.}  X4 !/Further, the European prestandard states that future applications may require expansion of the  !available spectrum at 5.8 GHz. The Japanese prestandard for DSRC applications plans to make  X4 !60 megahertz of spectrum available in the 5.8 GHz range on an exclusive basis.`Z {O'ԍSee ITS America Comments Appendix C at 3.` Further, the  !VJapanese standard uses 10 megahertz channels in order to convey large amounts of data to fast  !moving vehicles as they pass through small communication areas. We note that the record  !submitted for DSRC deployment in the U.S. indicates a need for up to 32 different DSRC  !Itransactions, many of which will require twoway capabilities, wideband channels, and the need  XH4 !for multiple channels in a single location.+H {O ' x ԍSee e.g., Ex parte filing of ITS America on May 17, 1999; and Spectrum Requirements for Dedicated Short  {O 'Range Communications (DSRC) Public Safety and Commercial Applications, prepared by ARINC (1996).+ We also note that not all channels will be available  !}for DSRC deployment in all areas due to incumbent radar, ISM and FSS operations. Therefore,  !we find that 75 megahertz of DSRC spectrum within the United States is warranted due to the  X 4 !"scope of the National ITS Architecture,g H {O'ԍSee NPRM  at 2 and ISTEA, supra n. 3.g the incumbent operations in this band in the U.S. and consideration DSRC developments domestically and internationally.  X 4 (  11.` ` Because vehicles, especially commercial trucks, often travel beyond the boundaries  X 4 !of the United States, we consulted with both Canada and Mexico to determine their plans for  !deploying ITS technologies. Canada has advised that it has a significant number of fixed service  !operations in the 5.8755.883 GHz and 5.9085.925 GHz bands which could be incompatible with  !@DSRCbased ITS operations in Canada. Nevertheless, we believe North American interoperability  !}can be achieved. An allocation of 75 megahertz for DSRC applications will allow ITS licensees  X44 !flexibility in the implementation of ITS. ITS services that require crossborder interoperability  !can be placed in the 50 megahertz of spectrum where Canada does not have significant fixed  !<service deployment (5.8505.875 MHz and 5.8835.908 MHz). Further, we believe that DSRC  !mobile devices could easily be designed to respond to roadside beacons across the entire 5.825 !5.925 GHz range which would promote interoperability with Canadian ITS operations should they  !decide to use the 5.8255.850 GHz portion. We do not believe low power DSRC operations in  !the United States would cause interference to Canadian fixed operations in the 5.8755.883 GHz  !Iand 5.9085.925 GHz bands. While discussions with Mexico are ongoing, we do not anticipate  !spectrum sharing problems with operations in Mexico. As service rules are developed and  !operations in these bands are more clearly defined, we will consider the need to develop  !Vcoordination requirements in border areas. Nevertheless, we encourage any entities addressing  !standards for ITS operations in the 5.9 GHz range to plan DSRC applications with the least  !potential for interference with Canadian operations for the 5.8755.883 GHz and 5.9085.925 GHz bands. ",-(-(ZZ"Ԍ X4 ( i 12.` ` For the reasons discussed above, we conclude that the 5.855.925 GHz band is  !appropriate for DSRCbased ITS applications due to the variety of operations to be  !accommodated, the propagation characteristics of the band, the significant efforts of the Federal  !#and state governments paired with industry to research ITS use in this band, and ITS  !Vdevelopments internationally. Accordingly, we allocate the 5.8505.925 GHz band on a primary  !basis to the mobile service for use by DSRCbased ITS operations. In order to insure that mobile  !Noperations in this range are ITS related, we are adopting footnote NG160 to our Table of  X_4Frequency Allocations to read as follows:Z_ yO' x ԍAs a ministerial matter, we are amending the Table of Frequency Allocations, Section 2.106 of our rules,  ! to indicate that ISM equipment is permitted in the 5800 MHz band +/ 75 MHz. This provision exists in Section  {Oh '18.301 of our rules and should also be reflected in the Table of Frequency Allocations.  See 47 C.F.R. 18.301.  xXNG160 In the 58505925 MHz band, the use of the nonFederal government mobile  xservice is limited to Dedicated Short Range Communications operating in the Intelligent Transportation System radio service. (#  X 4  V 4B. Spectrum Sharing.  X 4 (  13.` ` The NPRM noted that DSRC operations could not cause interference to incumbent  X4 !VIndustrial Scientific and Medical ("ISM") operations in the 5.9 GHz band because these devices  X{4 !generate electromagnetic energy for noncommunications related purposes (e.g., microwave  Xf4 !8ovens) and do not have receivers. Additionally, high powered Government radar operations  !~would typically cause interference to low power mobile operations rather than receive  X84 !3interference. The NPRM also tentatively concluded that sharing with incumbent FSS and amateur  X#4 !operations in the band should be possible.R# {O'ԍSee NPRM at 1923.R Commenters indicate that spectrum sharing with  !incumbent Government operations and FSS operations can be accomplished, but secondary  !amateur radio interests and unlicensed interests argue that a DSRC allocation could lead to spectrum incompatibilities.  X4 ( ~ 14.` ` Government Radar Operations. The National Telecommunications and Information  !Administration ("NTIA)" urges the Commission to require DSRC operations within 75 kilometers  !of 65 possible radar locations to coordinate their operations through the Frequency Assignment  Xm4 !/Subcommittee of the Interdepartment Radio Advisory Committee ("IRAC").6Zm| {O!' x ԍSee October 13, 1998 Letter from William T. Hatch, Deputy Associate Administrator for Spectrum  !M Management of NTIA, to Mr. Fred Thomas, FCC Liaison Representative to IRAC. The 65 radar locations are displayed in Appendix A.6 DOT provides a  !study that indicates that DSRC operations could operate in close proximity to most high powered"V,-(-(ZZ["  X4 !Government radar operations.P\ {Oy' x3 ԍSee Electromagnetic Compatibility Testing of a Dedicated Shortrange Communication System, performed  {OC' ! by the National Telecommunications and Information Administration ("NTIA"), NTIA Report 98352. See DOT Comments at Attachment 2.P We agree that sharing between DSRC and Government  !operations is possible if proper coordination is performed, and thus we adopt the NTIA  !recommendation. We find that this coordination requirement will enable DSRC deployment across  !Ithe U.S. Further, we agree with NTIA that DSRC applications within these coordination areas  !cannot claim protection from existing radar operations, but new radar installations that may be  !Vdeployed subsequent to DSRC implementation would have to coordinate with incumbent DSRC operations.  XH4 ( 15.` ` FSS Operations. Panamsat states that as long as DSRCbased ITS applications  X34 !operate according to the technical parameters described in the NPRM, interference to FSS  X 4 !operations should not result, and Panamsat does not oppose the allocation.R  {O'ԍSee Panamsat Comments at 1.R As discussed below,  X 4 !we are adopting the power limits proposed in the NPRM. The aggregate increase in noise in this  !band from DSRC devices would be small compared to that caused by ISM devices and  X 4 !Government radar operations.Z ~ yO ' x+ ԍFor example, ISM devices have no power limit and NTIA indicates that high power government radar  ! systems in the 5 GHz range typically have peak effective isotropic radiated power in the range of 113133 dBm  {O'(199.5 megawatts19.95 gigawatts).  See DOT Comments at Attachment 1, section 3.4. We also note that no commenters question the spectrum sharing  X 4 !feasibility of FSS operations and DSRC operations.L  {O'ԍSee NPRM at 20. L We thus conclude that DSRC applications  !}would be compatible with FSS uplinks because FSS earth stations typically use highly directional  !antennas pointed towards the geostationary orbital arc, and DSRC applications would typically  !be pointed towards a highway and operate at relatively low power. It may be necessary in some  !}cases for DSRC systems to avoid an area near an incumbent FSS earth station in order to avoid  !pthe high powered earth station transmission. Nonetheless, because of the limited number of FSS  !earth stations and their use of highly directional antennas, we find that spectrum sharing is  !/feasible. At this time, we do not anticipate that prior coordination is necessary between DSRC and FSS operations, but we will consider this matter in a later proceeding.  X4 ( 16.` ` Amateur Service Operations. Amateur service licensees and organizations  !representing amateur service interests raise the majority of DSRC spectrum sharing concerns. We  !/are sympathetic with ARRL's concerns that an ITS allocation at 5.9 GHz, together with the U !NII allocation in the 5.7255.825 GHz band, could impact amateur service use in the 5.6505.925  !GHz band. We note, however, that the amateur service is afforded secondary status in these  Xm4 !<bands and that, as the NPRM pointed out, this secondary amateur service allocation covers 275  !megahertz of spectrum in the 5.6505.925 GHz band. We also note that the amateurs historically  !have been able to design and modify their systems to avoid or minimize interference given the"A2 ,-(-(ZZ_"  X4 !"flexibility in selecting transmitting channels that Part 97 affords amateur service stations.K {Oy'ԍSee NPRM at 22.K The  !record indicates that amateur service use of the 5.855.925 GHz band is primarily for pointto X4 !/point networks.Z yO' x ԍARRL claims it makes extensive use of this band on the west coast for a microwave network used in  {O'emergency communications. See ARRL Comments at 9. We believe that spectrum sharing between the amateur service pointtopoint  !Nlinks and DSRC operations is viable. The DSRC applications will generally operate over  !relatively short distances and will use directional antennas. While DSRC operations along the  !path of a higher power amateur service pointtopoint link may experience interference, we  !conclude that these occurrences would be infrequent and interference could be mitigated by using  !alternative frequencies, shielding, informal coordination or by other means. Therefore, we find  !that DSRC operations in the 5.855.925 GHz band are unlikely to receive significant interference from or cause interference to amateur operations.  X 4 ( 17.` ` ARRL suggests that coordination between the Amateur radio service and DSRC  X 4 !"operations would promote spectrum sharing in the 5.855.925 GHz band.N  {OQ'ԍSee ARRL Comments at 8.N Given that amateur  !operations are secondary in this spectrum range, are not extensively deployed, and considering  !the availability of remedies if interference should occur; we do not anticipate that a formal  !"coordination procedure will be necessary. However, the Commission may revisit this matter in  !the future as DSRC operations develop and more experience is gained with sharing this spectrum.  !<We encourage any ITS entities wishing to use the 5.855.925 GHz band to informally notify the  !ARRL or the local amateur service community of its intended operation. In this regard, we note  !_that in many areas of the country, amateur radio operators have established clubs which can  !disseminate information locally, that bulletin boards devoted to specialized interests in amateur  !radio are available on the Internet, and that databases of amateur radio operators and their locations also are readily available on the Internet.  X4 ( 18.` ` Unlicensed Hearing Assistance Devices. Resound filed comments stating that it  !is contemplating development of unlicensed low power hearing assistance devices in the 5.85 X4 !5.875 GHz band under our Part 15 rules.! F yO' x ԍWe note that Motorola had worked with Resound to develop its hearing assistance technology for the 5.85 !3 5.875 GHz band and filed comments similar to Resound's opposing a DSRC allocation in this spectrum range.  !Q However, on October 5, 1999, Motorola filed a letter in this docket withdrawing its filings from ET Docket No. 9895.  The planned device would offer significant  !}performance in the presence of audio background noise (i.e., the listener would be better able to  !hear a particular person in a crowded room). Resound objected to the proposed allocation of this  !uspectrum for DSRC operations because it could cause interference to its planned hearing  XP4 !Zassistance devices.P"P.  {O/''ԍSee 47 C.F.R. 15.249.P We note that other high powered incumbent operations, such as Government"P ",-(-(ZZ"  !}radar systems, ISM operations and amateur systems, already occupy this spectrum. Even if we  !cwere to preclude DSRC operations in the 5.855.875 GHz segment, the incumbent operations in  !this band already pose a significant interference environment for hearing assistance devices. We  !are unaware of whether Resound has made a final determination as to whether to pursue use of  !this spectrum for hearing assistance devices. We recognize that Resound's hearing assistance  !ydevices could be beneficial and encourage them to identify other spectrum that may be more appropriate for these devices.  XH4C. Technical Requirements.  X 4 ( z19.` ` The NPRM proposed basic technical requirements such as power limits, unwanted  !emission limits, radio frequency exposure guidelines and frequency stability requirements, in  !order to promote spectrum sharing and ensure the safety of DSRC users. Additionally, the  X 4 !NPRM discussed the importance of technical standards and a spectrum channel plan to promote  ! nationwide interoperability among DSRC operations and future developments of this service. The  X 4 !NPRM also discussed our existing Part 15 unlicensed rules and the potential for certain DSRC  X4applications to be deployed on an unlicensed basis.K# {O'ԍSee NPRM at 42.K  X4  Xj4 ( 20.` ` The comments in response to the NPRM support basic technical rules necessary  !+to prevent harmful interference in the 5.9 GHz band and urge the Commission to maintain a  !flexible regulatory environment to accommodate the evolution and development of DSRC  X'4 !applications and standards.$'Z {O2' xI ԍSee Mark IV Industries, Limited, I.V.H.S. Division at 5, DOT Comments at Attachment 3, and ITS America Comments at 10. ITS America notes that ITS standards have already been developed  !in Europe, and that Japan is close to deployment of ITS. Additionally, the TEA21 legislation  !requires the necessary federal agencies to develop, implement, and maintain a national  !architecture to guide nationwide deployment of ITS and to set standards and protocols to promote  X4 !the widespread use of these technologies and to ensure interoperability.M% {O0'ԍSee ITS Comments at 8.M We note that the  !<Secretary of Transportation submitted, in satisfaction of the June 1, 1999 statutory requirement,  ![a report to Congress identifying which standards are critical to national interoperability or  X4 !standards development and specifying the status of the development of each standard identified.&F {O}!'ԍSee Intelligent Transportation Systems: Critical Standards, U.S. Department of Transportation, June 1999.  !IWe find that it would be beneficial at this time to adopt basic technical requirements to promote  !spectrum sharing and create a basic framework for the development of DSRC operational  !standards by industry. We recognize that the rules we adopt here may need to be reviewed at such time as we develop licensing and service rules for DSRC systems.  X4 V'M " &,-(-(ZZ"  V'M   V41. Spectrum Channelization   X4 ( 21.` ` The NPRM sought comment on whether and how spectrum allocated for DSRC  !Iuse could be divided into channels, allowing for different types of DSRC applications to operate  X4 !on discrete portions of the allocated band.M' {O'ԍSee NPRM at 3841.M The NPRM noted that a spectrum channelization  Xx4 !cplan could facilitate spectrum efficiency and interoperability of DSRC applications. The NPRM  Xc4 !stated that any DSRC channelization plan would need to accommodate the deployment of  !+affordable equipment, allow both narrowband and broadband data transmissions, and should  !handle a variety of communications, including oneway lowspeed data links, twoway highspeed  X 4 !data links and so forth. The NPRM stated that, although decisions on channelization issues could  !lbe deferred to a later proceeding addressing service rules and licensing of DSRC services, a  !record here would assist standards setting organizations that are currently studying and evaluating channelization concerns.  X 4 ( 22.` ` Comments to the NPRM support DSRC spectrum channelization to promote  !interoperability and suggest that any plan should include flexible options to allow for various  X4 !technologies, application specific deployment, and the evolution of DSRC services.(Z {O'ԍSee DOT Comments Attachment 3 at 3, Mark IV Comments at 5, and ITS America Comments at 14. We find  ![that a spectrum channelization plan would facilitate the efficient use of this spectrum and  !interoperability among various DSRC services. However, the record here is insufficient to devise  !a specific channel plan that would adequately address the spectrum requirements, both  !narrowband and broadband, of the various potential DSRC applications. We invite the ITS  !Vindustry and the DOT to consider the spectrum requirements of various DSRC applications and  !recommend a spectrum channel plan. We will address this matter further in a future proceeding proposing licensing and service rules.  X42. Power.  X4 ( 23.` ` In the NPRM, we proposed to permit DSRCtype devices to operate at a maximum  !_transmitter output power of 750 milliwatts ("mw") with up to 16 dBi gain antennas, with a 30  !W effective isotropic radiated power ("EIRP"), to encourage the use of directional antennas to  XC4 !Imeet DSRC range requirements and a high level of frequency reuse.K)C {O!'ԍSee NPRM at 31.K However, the record in  X,4 !response to the NPRM indicates that this proposed power limit may be overly restrictive for some  !DSRC applications. Specifically, the proposed rules did not account for losses in the transmission  !line from roadside transmitters to the transmitting antennas that may be located over the travel" ~),-(-(ZZ"  X4 !lanes.=*\ {Oy' xy ԍSee Mark IV Comments at 5, citing In the Matter of Amendment of Parts 2 and 15 of the Commission's  {OC' ! Rules regarding Spread Spectrum Transmitters, Report and Order, ET Docket No. 968, 12 FCC Rcd 7488, 7497 (1997).= Additionally, specifying power in terms of maximum transmitter output power with a  !permitted antenna gain could preclude some DSRC applications which need to use antennas that  !are not highly directional. For example, a freight tracking system within a freight yard could  !+benefit from sending a signal in all directions but such operations would be precluded by our  !proposed power requirement. DOT states that although wide area applications are unlikely at 5.9  !GHz, such alternatives should not be precluded. Further, both DOT and ITS America assert that  !0some DSRC applications may require more than 30 W EIRP to achieve their desired  X_4communications.w+_ {O 'ԍSee DOT Comments at Attachment 3 and ITS America Comments at 15.w  X14 ( 24.` ` We conclude that it is important to establish some power limits for DSRC  !operations so that they can achieve widespread deployment, and typically power requirements  !need to be flexible enough to allow various DSRC applications to be developed. We find that  !most DSRC operations will use highly directional antennas to focus communications in an  X 4 !intended direction (e.g., along the lane of a highway) and to promote frequency reuse. We agree  !ywith comments that indicate that some flexibility in our peak transmit output power should be  !@permitted to account for line losses between the transmitter and the antenna. Therefore, we adopt the following power requirements for DSRC operations in the 5.855.925 GHz band:  xXThe peak transmit output power over the frequency band of operations shall not exceed  x750 mW or 28.8 dBm with up to 16 dBi in antenna gain. If transmitting antennas of  x0directional gain greater than 16 dBi are used, the peak transmit output power shall be  X4 xureduced by the amount in dB that the directional gain of the antenna exceeds 16 dBi, i.e.,  xthe device's maximum EIRP shall not exceed 30 W EIRP. However, the peak transmitter  x~output power may be increased to account for any line losses due to long transmission  xNcables between the transmitter and the DSRC device's antenna, provided the EIRP does not exceed 30 W.(#  !We conclude that this power limit is sufficient to satisfy many DSRC applications, compensate  !for transmission line losses, promote the deployment of various types of applications, and provide  !a high degree of frequency reuse. Nonetheless, our rules will require ITS licensees to use the  !@minimal power necessary to achieve reliable communications in order to promote frequency reuse.  !We recognize that when operating standards for various DSRC applications are devised, we may  !need to revisit the specific requirements needed for each type of application and how those  !applications will best be deployed within a corresponding spectrum channelization plan. For  !<example, DSRC applications requiring more than 750 mW of transmitter output power could be  !designated to specific channels, whereas other channels could be reserved for those applications  !using lower power to allow widespread deployment of such operations. Any requests for" ~+,-(-(ZZb"  !Iadditional power should be accompanied by sufficient analysis to demonstrate spectrum sharing with other operations in this frequency range.  V43.  Unwanted Emission Limits.  X4 ( 25.` ` The NPRM tentatively concluded that the emission mask requirements for Location  !/and Monitoring Service ("LMS") operations in the 902928 MHz band would be appropriate for  X_4 !DSRC applications in the 5.9 GHz band.K,_ {O'ԍSee NPRM at  32.K No commenter made specific recommendations  !regarding the proposed unwanted emission limits, but DOT expressed concern that the wholesale  !application of the proposed limits may be too restrictive for DSRC applications in the 5.9 GHz  X 4 !Irange.Z- Z {O% 'ԍSee DOT Comments Attachment 3 at 2.Z We conclude that it is necessary to limit the amount of unwanted emissions, both those  !occurring outside of the DSRC spectrum band and those emanating from one channel to the next  X 4 !within the DSRC band. We thus find that the unwanted emission limits proposed in the NPRM  X 4 !are appropriate and necessary to promote spectrum sharing between DSRC applications in the  X 4 !5.855.925 GHz band.;.$  yO]' x #X\  P6G;ɒP#эWe note that the unwanted emission limits adopted here are the existing emission mask requirements for  ! LMS operations in the 902928 MHz band and are comparable with the maximum spurious emission limits in the  {O' ! ITU Radio Regulations. See 47 C.F.R.  90.210(k) and Table of Maximum Permitted Spurious Emission Power  {O'Levels, Final Acts of WRC97, Appendix S3 (Geneva 1997). ; Accordingly, we adopt the emission mask requirements of Section  !90.210(k) for DSRC operations in the 5.9 GHz band. We recognize that depending on the  !developing DSRC applications, the licensing scheme adopted and the corresponding spectrum  !channelization plan, we may need to revisit the emission limits between specific channels or  Xd4 !4applications, e.g., more sensitive applications on specific channels may require additional  !cprotection or a licensee with access to multiple consecutive channels in a geographic area could  !benefit from additional flexibility regarding unwanted emissions without affecting other operations.  V44. Frequency Stability.  X4 ( r26.` ` The NPRM proposed to apply to DSRC operations in the 5.9 GHz band the  X4 !Vfrequency stability requirement specified in Section 2.995 (now Section 2.1055) of our rules/ {O7!' x ԍSee 47 C.F.R.  2.1055. (Frequency stability to be measured with ambient temperature variation of -30$  yO"' !M to +50$ Centigrade and with variation of primary supply voltage of 85-115% of nominal value.) This rule was  {O"' ! renumbered in Amendment of Parts 2,15,18 and Other Parts of the Commission's Rules to Simplify and Streamline  {O#' !; the Equipment Authorization Process for Radio Frequency Equipment, Report and Order, ET Docket No. 9794, 13  yO]$'FCC Rcd 11415 (1998). đ in  !order to prevent DSRC operations from causing interference to DSRC operations on other  !channels or to other services in nearby spectrum. We note that Part 90 also has more specific  Xi4 !frequency stability requirements in Section 90.213 which vary according to the channel bandwidth"i /,-(-(ZZ"  X4 !uof the operation.R0 {Oy'ԍSee 47 C.F.R.  90.213. R Since we are not yet able to establish a channelization plan for DSRC operations, we will defer any decision on frequency stability requirements to a future proceeding.  X45. RF Guidelines.  X4 ( 27.` ` No party opposed the NPRM's proposal to use our existing RF guidelines to  Xx4 !Iprotect the traveling public from excessive RF energy.K1xZ {O 'ԍSee NPRM at  35.K We note that the low power nature of  !DSRC devices makes it very unlikely that excessive levels of RF energy could result from DSRC  !operations. Nevertheless, the Commission requires compliance with these guidelines for all  X34 !applications to ensure the public's safety. Therefore, DSRC operations must comply with the RF  X 4 !gsafety guidelines contained in the Second Memorandum Opinion and Order ("Second MO&O")  X 4 !in ET Docket No. 9362.t2^  {O' xy ԍSee Report and Order, ET Docket No. 9362, 11 FCC Rcd 15123 (1997), Second Memorandum Opinion  {On' !7 and Order and Notice of Proposed Rule making at para. 31, ET Docket No. 9362, 12 FCC Rcd 13494 (1997). See  {O8'also, 47 C.F.R.  1.1307(b). t We believe this level of protection is appropriate and will not result in exposure to the public of unsafe levels of RF energy.  X 4  V 46. Unlicensed DSRC Operations.  X4 ( m28.` ` The NPRM acknowledged that some nonsafety DSRC applications would benefit  !pfrom unlicensed status because of the ease of implementing and the technical flexibility typically  Xh4 !Rpermitted such operations. The NPRM pointed out that our rules already permit a variety of  XS4 !Iunlicensed operations in the 5.7255.875 GHz range,k3S {O'ԍSee 47 C.F.R.  15.245(b), 15.247 and 15.249.k but asked if the existing Part 15 rules for  X<4 !unlicensed operations were sufficient to accommodate DSRC applications.K4< {O'ԍSee NPRM at 42.K Specifically, Section  !15.245 of our Rules permits unlicensed field disturbance sensors to operate in the 5.7855.815  !+GHz band. While these field disturbance sensors are not available for twoway information  X4 !communications, our rules would permit backscatter56  yO ' x} ԍAmtech explains that backscatter tags contain circuitry that modulates a signal striking the tag so that the  ! reflected (backscatter) signal can be received by a reader and then decoded. Backscatter tags do not contain a  !Z transmitter and may operate without a battery, relying on the incident signal as a source of electric power. By  ! contrast, active DSRC tags (transceivers) contain transmitters and receivers for communicating with beacons and must  {O#'be connected to batteries or some other source of electric power. See Amtech Reply at 7. type tolltag operations in this band with  !a permitted average field strength of 500 millivolts/meter at a distance of 3 meters (75 mW  !=EIRP). Additionally, Section 15.247 of our Rules permits unlicensed spread spectrum  !communications devices to operate in the 5.7255.850 GHz band with a maximum peak"5,-(-(ZZ\"  !+transmitter output power of 1 watt with antenna gain of up to 6 dBi. Finally, Section 15.249  !permits unlicensed communications devices to operate in the 5.7255.875 GHz band with a  !maximum average field strength of 50 millivolts/meter at a distance of 3 meters (0.8 mW EIRP).  X4 !ZAmtech Systems Division of Intermec Technologies Corporation ("Amtech") states that unlicensed  !use should be part of the DSRC scheme whether or not it is part of the 5.855.925 GHz  X4 !lallocation. Amtech also requests that the Commission change its interpretation of frequency  Xv4 !hopping spread spectrum systems 6Bv yO' x ԍA frequency hopping system is a spread spectrum system in which the carrier is modulated with the coded  ! information in a conventional manner causing a conventional spreading of the RF energy about the frequency carrier.  !; The frequency of the carrier is not fixed but changes at fixed intervals under the direction of a coded sequence. The  ! wide RF bandwidth needed by such a system is not needed to spread the RF energy about the carrier but rather to  !* accommodate the range of frequencies to which the carrier frequency can hop. The test of a frequency hopping  ! system is that the near term distribution of hops appears random, the long term distribution appears evenly distributed  !| over the hop set, and sequential hops are randomly distributed in both direction and magnitude of change in the hop  {Og 'set. See 47 C.F.R. 2.1.  to allow backscatter DSRC systems in the 5.7255.825 GHz band under Section 15.247.  X14 ( 29.` ` A backscatter system that transmits an unmodulated carrier signal to a mobile  !transponder which, in turn, reflects a modulated signal, does not qualify as a conventional spread  !"spectrum system under our rules. Our rules define a spread spectrum system as a system that  !conveys information by modulation of a carrier by some conventional means and then deliberately  !Rwidens the bandwidth by means of a spreading function over that which would be needed to  X 4 !ltransmit the information alone.M7  {OA'ԍSee 47 C.F.R. 2.1.M Because backscatter beacon stations do not modulate their  X 4 !}carriers, they do not qualify as spread spectrum devices. We thus decline to modify our rules to  !Iallow backscatter systems to qualify for use as spread spectrum systems under Section 15.247.  !MNevertheless, the spread spectrum requirements of Section 15.247 can likely accommodate a wide range of alternative unlicensed DSRC communication systems.  X44 ( 30.` ` We believe that low power unlicensed DSRC could benefit some applications, such  !as fee collection at parking garages and commercial establishments. We note that unlicensed  !applications under our Part 15 rules may not be appropriate for all DSRC applications because  !Mthey must accept any interference and must not cause interference to other operations, particularly  X4 !any services with allocated status such as the Part 90 DSRC operations addressed here.N8d  {O 'ԍSee 47 C.F.R. 15.5.N  !Nevertheless, we believe that these types of applications could be useful for DSRC deployments  !in the 5.855.925 GHz band and we will explore in a future proceeding whether we should  !yprovide for such applications under either unlicensed or licensedbyrule status. For example,  !while short range low power DSRC backscatter systems could probably satisfy the maximum  !laverage field strength requirements under Section 15.249 for the 5.7255.875 GHz band, it is  !yproblematic to allow such systems to operate at the same higher power as unlicensed spread  !spectrum devices under Section 15.247. Therefore, although we find that our existing Part 15"7 8,-(-(ZZ8"  !rules for unlicensed operations should not be changed for the 5.7255.875 GHz band at this time,  !we will explore further possible unlicensed or licensedbyrule requirements for the 5.855.925  !yGHz band once DSRC standards are developed and we have a better idea of what technical requirements would be necessary.  X4  X4E. Other Issues.  Xa4 ( 31.` ` Commenters generally support the following definition of DSRC services which we proposed in the NPRM:  xXThe use of nonvoice radio techniques to transfer data over short distances between  xroadside and mobile radio units, between mobile units, and between portable and mobile  xunits to perform operations related to the improvement of traffic flow, traffic safety and  xother intelligent transportation service applications in a variety of public and commercial  xenvironments. DSRC systems may also transmit status and instructional messages related  X 4to the units involved.R9  {O"'ԍSee NPRM at  4345.R(#  !As commenters point out, this definition is not as limiting as the definition for LMS operations  !in the 902928 MHz band and should allow for a broad range of commercial, private, and safety XM4 !related services anticipated for DSRC operations without permitting unintended use.g:MZ {OX'ԍSee DOT Comments at 7 and Mark IV Comments at 6.g For  !example, we find that stipulating DSRC as a data service, not intended for twoway voice  !communications, is in accordance with the ITS National Architecture and would prevent a  !_proliferation of voice applications which could hinder the use of the spectrum by DSRC data  !8applications. Further, any ITS applications that would benefit from real time twoway voice  !communications could use a variety of other existing land mobile services. Accordingly, we adopt the proposed DSRC definition for this mobile allocation in the 5.9 GHz range.  X',% PROCEDURAL INFORMATION Đc   XP4 ( ,32.` ` Final Regulatory Flexibility Analysis. The Final Regulatory Flexibility Analysis  !for this Report and Order, pursuant to the Regulatory Flexibility Act, 5 U.S.C. 604, is contained in Appendix C.  X4 ( ` 33.` ` For further information concerning this proceeding, contact Tom Derenge at (202)  !4182451, internet: tderenge@fcc.gov, Office of Engineering and Technology, Federal Communications Commission, Washington, DC 20554.  V'M "":,-(-(ZZ!"  X' V'M ` `  , ORDERING CLAUSES  X4 ( m!34.` ` IT IS ORDERED that, pursuant to Sections 4(i), 7, 302, 303(c), 303(e), 303(f) and  !l303(r) of the Communications Act of 1934, as amended, 47 U.S.C. Section 154(i), 157, 302,  !V303(c), 303(e), 303(f) and 303(r), this Report and Order IS ADOPTED and that Parts 2 and 90  !of the Commission's Rules ARE AMENDED, as specified in Appendix A, effective 30 days after publication in the Federal Register.  XH4 ( "35.` ` IT IS FURTHER ORDERED THAT the Regulatory Flexibility Analysis, as  !required by Section 604 of the Regulatory Flexibility Act and as set forth in Appendix C, IS ADOPTED.  X 4 ( 5#36.` ` IT IS FURTHER ORDERED that the Commission's Office of Public Affairs,  !Reference Operations Division, SHALL SEND a copy of this Report and Order, including the  !AFinal Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the Small Business Administration. X` hp x (#%'0*,.8135@8: International tableS"_PUnited States tableS"Me'FCC use designators$  a$ && "vbRegion 1 allocation `MHz" Region 2 allocation ' MHz"NRegion 3 allocation LMHz")Government"NonGovernment"=&Rule part(s)"+Specialuse +frequencies(   S( && " (1)s"2c ,(2)s" l (3)s""Allocation MHz @(4)"Allocation MHz f!(5)"X+( R'(6)"%- ,(7)  | !<<<arrrrrr A<<<xf{oxl | (   ( && "*u"0I*u"*u"D>*u"!*u"V(*u" -*   | A<<<xf{oxl a<<<urrrrrr | &  "  & &?&  5850 !5925 FIXED FIXEDSATELLITE (Earthtospace) MOBILE S5.150? 5850 !5925 FIXED FIXEDSATELLITE (Earthtospace) MOBILE Amateur Radiolocation S5.150? 5850 !5925 FIXED FIXEDSATELLITE (Earthtospace) MOBILE Radiolocation S5.150? 5850 !5925 RADIOLOCATION G2 S5.150 US245? 5850 !5925 FIXEDSATELLITE (Earthtospace) US245 MOBILE NG160 Amateur S5.150 ?  ISM Equipment (18) Private Land Mobile (90) Amateur (97)? &"    u& &?& "*"0I*"*"D=*"!*"V(*" -*  FFp  X4&# Xj\  P6G;ynXP#  X4&":x"  X4 '3'3StandardHPLAS5SI.PRSX\ 3'3'StandardHPLAS5SI.PRSX\ ( " #Xj\  P6G;ynXP#NONGOVERNMENT (NG) FOOTNOTESc * * * * *  !NG160 In the 58505925 MHz band, the use of the nonFederal government mobile service is  !_limited to Dedicated Short Range Communications operating in the Intelligent Transportation System radio service. * * * * *  X ' PART 90 PRIVATE LAND MOBILE RADIO SERVICES  X 4FFp 1. The authority citation for Part 90 continues to read as follows:  X ' Y % FFp Authority: Sections 4, 2512, 303, 309, and 332, 48 Stat. 1066, 1082, as amended; 47  X 'U.S.C. 154, 2512, 303, 309, and 332, unless otherwise noted.  Xy4 Y FFp 2. Section 90.7 is amended by adding a new definition for Dedicated Short Range Communications Service to read as follows:  X44FFp  90.7 Definitions. V'M   X4 V'M  * * *  X4 !Dedicated Short Range Communications Services (DSRCS) The use of nonvoice radio  ! techniques to transfer data over short distances between roadside and mobile radio units, between  !mobile units, and between portable and mobile units to perform operations related to the  !improvement of traffic flow, traffic safety and other intelligent transportation service applications  !in a variety of public and commercial environments. DSRC systems may also transmit status and instructional messages related to the units involved.  V'M   V'M * * *  X 4 Y AFFp 3. Section 90.205 is amended by renumbering Subsections 90.205(m) and (90.205(n) to  !l90.205(n) and 90.205(o), respectively; and by adding a new Subsection 90.205(m) to read as follows:  X!'  V'M "!:0*%%ZZ% "  X4 V'M FFp 90.205 Power and antenna height limits.  X4 * * *  X4 ! (m) 58505925 MHz. The peak transmit output power over the frequency band of operations  !'shall not exceed 750 mW or 28.8 dBm with up to 16 dBi in antenna gain. If transmitting  !antennas of directional gain greater than 16 dBi are used, the peak transmit output power shall  Xa4 !}be reduced by the amount in dB that the directional gain of the antenna exceeds 16 dBi, i.e., the  !device's maximum EIRP shall not exceed 30 W EIRP. However, the peak transmitter output  !Ipower may be increased to account for any line losses due to long transmission cables between the transmitter and the DSRCS device's antenna, provided the EIRP does not exceed 30 W.  X 4 Y FFp(n) All other frequency bands. Requested transmitter power will be considered and authorized on a case by case basis.  Y <FFp(o) The output power shall not exceed by more than 20 percent either the output power shown  !uin the Radio Equipment List [available in accordance with 90.203(a)(1)] for transmitters  !Vincluded in this list or when not or when not so listed, the manufacturer's rated output power for the particular transmitter specifically listed on the authorization.  X:4 Y FFp 4. Section 90.210 is amended by amending the "APPLICABLE EMISSION MASKS" Table to read as follows and by amending Subsection 90.210(k)(3) to read as follows:  X4 FFp 90.210 Emission masks.  !Except as indicated elsewhere in this part, transmitters used in the radio services governed by this  !}part must comply with the emission masks outlined in this section. Unless otherwise stated, per  !paragraphs (d)(4), (e)(4), and (m) of this section, measurements of emission power can be  !expressed in either peak or average values provided that emission powers are expressed with the  !3same parameters used to specify the unmodulated transmitter carrier power. For transmitters that  !do not produce a full power unmodulated carrier, reference to the unmodulated transmitter carrier  !power refers to the total power contained in the channel bandwidth. Unless indicated elsewhere  !in this part, the table in this section specifies the emission masks for equipment operating in the frequency bands governed under this part. V'M  ":0*%%ZZ;"  V'M     h a<<<urrrrrr ddx h      Xz4C@ Applicable Emission Masks ăC    =Frequency band (MHz) pD YMask for equipment with hfaudio low pass filterB  (DMask for equipment without @audio low pass filter{C / c    X.4Below 25 1 2550 7276  X 4150174 2 150 Pagingonly 220222  X 4421512 2 450 Pagingonly  Xv4806821/8518663 821824/866869 896901/935940 902928 929930 58505925 All other bands F p (0!8$&(@+-/H246P9;>X@BE`GIL A or B B B B, D, or E B F B, D, or E B B B I K B K B dA or C dC dC dC, D, or E dC dF dC, D, or E dG dG dH dJ dK dG dK dC/   W    X]4p (0!8$&(@+-/H246P9;>X@BE`GIL L T\ d!#&l(*-t/1$4|68,;=?4B Dw1Equipment using single sideband J3E emission must the requirements of Emission wMask A. Equipment using other emissions must meet the requirements of Emission wMask B or C, as applicable.  X4w2Equipment designed to operate with a 25 kHz channel bandwidth must meet the wrequirements of Emission Mask B or C, as applicable. Equipment designed to woperate with a 12.5 kHz channel bandwidth must meet the requirements of Emission wMask D, and equipment designed to operate with a 6.25 kHz channel bandwidth wmust meet the requirements of Emission Mask E.  Xw4 3Equipment used in this licensed to EA or nonEA systems shall comply with the emission mask provisions of 90.691.Ɣ"  W  L T\ d!#&l(*-t/1$4|68,;=?4BX` hp x (#%'0*,.8135@8: {OK'ԍSee 5 U.S.C.  601(6).Q The RFA, 5 U.S.C.  601(3), generally defines the term "small business" as having the same meaning as the term "small business concern" under the Small Business Act, 15 U.S.C.  632. A small business concern is one which: (1) is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration ("SBA"). This standard  X_4also applies in determining whether an entity is a small business for purposes of the RFA.  The 5.855.925 GHz band is currently available to the U.S. Federal Government for Radiolocation purposes, Fixed Satellite Service licensees for international intercontinental links, amateur radio operators and by various entities using Part 18 Industrial, Scientific and Medical ("ISM") equipment and Part 15 unlicensed device equipment. We note that there are only 45 Fixed Satellite Service ("FSS") licenses issued for operation in 5.855.925 GHz band and most if not all are held by large corporations. Further, amateur radio operators and the Federal Government do not qualify as small entities. We also note that Part 18 ISM devices are protected in this band, which only generate electromagnetic energy, are not used for communication purposes and therefore cannot receive interference or be impacted by this action. Finally, while Part 15 unlicensed devices are permitted to operate in the 5.855.875 GHz portion, they do so on an unlicensed, unprotected basis. Further, the Commission has no means to determine the number of small entities that might use unlicensed Part 15 equipment that operates in the band at issue. SBA guidelines to the Small Business Regulatory Enforcement Fairness Act ("SBREFA") state that about 99.7% of all firms are small and have  X4fewer than 500 employees and less than $25 million in sales and assets.?Z {O' x  ԍSee A Guide to the Regulatory Flexability Act, U.S. Small Business Administration, Washington, DC, May, 1996, at page 14. There are  X4approximately 6.3 million establishments in the SBA database.A@ {O?'ԍId. at 15.A The R&O discusses means by which the potential DSRCS would be able to share the spectrum with incumbent operations and concludes that harmful interference can be avoided through coordination. Accordingly, we do not believe this action would have a negative impact on small entities that operate in the 5.855.925 GHz band. Regarding the Fixed Satellite Service licensees for international intercontinental links, the Commission has not developed a definition of small entities applicable to licensees in the international services. Therefore, the applicable definition of small entity is generally the definition under the SBA rules applicable to Communications Services, Not Elsewhere" F@0*%%ZZK"  X4Classified (NEC).A yOy'#]\  PCɒP#э An exception is the Direct Broadcast Satellite (DBS) Service, infra. This definition provides that a small entity is expressed as one with $11.0  X4million or less in annual receipts.xBX yO'#]\  PCɒP#э 13 C.F.R.  120.121, SIC code 4899. x According to the Census Bureau, there were a total of 848 communications services providers, NEC, in operation in 1992, and a total of 775 had  X4annual receipts of less than $9,999 million.3C yOT' !Q #]\  PCɒP#э 1992 Economic Census Industry and Enterprise Receipts Size Report, Table 2D, SIC code 4899 (U.S. Bureau of the Census data under contract to the Office of Advocacy of the U.S. Small Business Administration). 3 The Census report does not provide more precise data. Regarding the future use of the 5.855.925 GHz band by DSRCS equipment, we believe it is too early to make an determination on such operations. A future rule making proceeding will propose further technical standards, licensing and service rules and a separate regulatory flexibility analysis will address all issues relevant to that proceeding.  X 4  X 4  D. Description of Projected Reporting, Record Keeping and Other Compliance Requirements.   X 4In this proceeding, we are allocating this spectrum for a new service. The licensing and technical regulations governing these operations will be addressed in a separate proceeding. Therefore, this action does not create any reporting or compliance requirements.  V4  E. Steps Taken to Minimize Significant Economic Impact on Small Entities, and Significant  X{4Alternatives Considered.  The IRFA in this proceeding requested comment on ways to minimize economic impact on small entities, but no comments were filed. Nevertheless, the attached R&O discusses whether operational standards should be adopted to facilitate nationwide interoperability of DSRCS, but deferred this issue to a later proceeding that will develop service rules for these operations. The development of DSRCS operational standards could delay the initial deployment of such equipment, but could ultimately result in equal footing for all manufacturers, including small entities, in producing equipment that meets uniform standards.  X4  X4  F. Report to Congress. This Commission will send a copy of the R&O, including this  X4FRFA, in a report to be sent to Congress pursuant to the Small Business Regulatory Enforcement Fairness Act of 1996, see U.S.C.  801(a)(1)(A). In addition, the Commission will send a copy of the R&O, including FRFA, to the Chief Counsel for Advocacy of the Small Business Administration. A copy of the R&O and FRFA (or summaries thereof) will also be published in the Federal Register. See 5 U.S.C.  604(b). X&4