*Pages 1--3 from Microsoft Word - 61456.doc* PUBLIC NOTICE Federal Communications Commission 445 12 th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Internet: http:// www. fcc. gov TTY: 1- 888- 835- 5322 DA 06- 2475 December 6, 2006 OFFICE OF ENGINEERING AND TECHNOLOGY DECLARES THE SIEMENS MILLTRONICS PROCESS INSTRUMENTS INC., REQUEST FOR WAIVER AND PETITION FOR RULEMAKING OF PART 15 TO BE A “PERMIT- BUT- DISCLOSE” PROCEEDING FOR EX PARTE PURPOSES AND REQUESTS COMMENTS ET Docket No. 06- 216 RM- 11352 Comments Date: January 5, 2007 Reply Comments Date: January 22, 2007 On November 7, 2006, Siemens Milltronics Process Instruments Inc., (Siemens) filed a request for waiver of the spurious emissions only requirement of Part 15 of the Commission’s rules to permit certification of a tank level probing radar (TLPR). Section 15.205( a) limits emissions in the 78- 79 GHz band to spurious emissions only. Siemens’ request would permit certification of a frequency modulated continuous wave RF carrier (FMCW) tank level probing radar (TLPR) in the band 78- 79 GHz for use in closed metal and reinforced concrete material storage tanks under the provisions of Section 15.209( a) of the Commission’s rules. Bench testing and in situ measurements of emissions outside the tank would be required in order to determine compliance with the general emissions limits in Section 15.209( a). Concurrently with this request, Siemens filed a Petition for Rulemaking requesting that the Commission establish rules in Part 15 for wideband TLPRs that would occupy the band from 77 to 81 GHz. Siemens submits that this proposal would permit TLPRs to provide enhanced accuracy and integration with existing and future industrial manufacturing processes. Siemens proposes a regulatory framework— including technical rules, bench testing and in situ measurements of emissions— that it claims will ensure that these systems will not be a source of interference to any radio services in the requested band or in harmonically related bands. Siemens notes that this framework will permit operation of TLPRs in multiple types of enclosures provided the required attenuation of all emissions to the -41.3 dBm/ MHz level at 3 meters is met. 1