Federal Communications Commission DA 22-133 Before the FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 In the Matter of Liberty Defense Holdings, Ltd. d/b/a Liberty Defense Technologies Request for Waiver of Sections 15.31(c), 15.503(d), 15.511(b), 15.511(f) and 15.521(d) of the Commission’s Rules ) ) ) ) ) ) ) ) ET Docket No. 19-217 ORDER Adopted: February 9, 2022 Released: February 9, 2022 By the Acting Chief, Office of Engineering and Technology: I. INTRODUCTION 1. By this Order, we grant a request by Liberty Defense Holdings, Ltd. d/b/a Liberty Defense Technologies (Liberty), for a waiver of our rules governing unlicensed ultra-wideband (UWB) devices to permit the certification and marketing of its threat detection imaging system. We find that opening a path for the sale and operation of this equipment will allow this system to be deployed to protect Americans against threats in public venues and other high-traffic areas, in furtherance of the public interest, and that operation of this device under the specified waiver conditions poses no greater risk of causing harmful interference to communication services than those devices already permitted under the existing rules. II. BACKGROUND 2. On May 8, 2019, Liberty filed a request for waiver of the Commission’s Part 15 rules to allow the marketing and operation of its surveillance system known as the HEXWAVE. Liberty Defense Holdings, Ltd. Request for Waiver, ET Docket No. 19-217 (filed May 8, 2019) (Liberty Waiver Request). Liberty states that the system uses active three-dimensional imaging to detect weapons, explosives, and other threats using UWB technology, and that the HEXWAVE will enable law enforcement and security professionals to engage a target before a situation can escalate into an attack. Id. at 5. 3. The HEXWAVE is a UWB device that is designed to operate in the 6-10.6 GHz band by sweeping through its frequency range in 200-megahertz blocks. UWB devices are lowpower radio frequency devices that operate under Part 15 Subpart F of the Commission’s rules without individual licenses from the Commission. 47 CFR §§ 15.50115.525. UWB transmitters use narrow or short duration pulses that result in transmissions over very large bandwidths. Surveillance systems such as the HEXWAVE are a particular type of UWB imaging device that are designed to operate as “security fences” by establishing a stationary RF perimeter field and detecting the intrusion by persons or objects in that field. See Revision of Part 15 of the Commission’s Rules Regarding Ultra-Wideband Transmission Systems, ET Docket No. 98-153, Order, 17 FCC Rcd 13522 (2002). 4. Liberty seeks waiver of the following sections of the Commission’s rules: Section 15.503(d), which requires that a UWB transmitter at any point in time have a fractional bandwidth equal to or greater than 0.20 or a UWB bandwidth equal to or greater than 500 megahertz, regardless of the fractional bandwidth; Section 15.31(c), which requires measurements to be made with the frequency sweep stopped; and Section 15.521(d), requires that that if pulse gating is employed where the transmitter is quiescent for intervals that are long compared to the nominal pulse repetition interval, measurements shall be made with the pulse train gated on. 47 CFR §§ 15.503(d), 15.31(c), and 15.521(d), respectively. Liberty also seeks a waiver of Section 15.511’s use limitations to allow for the use of HEXWAVE devices by private security personnel. See Letter from Aman Bhardwaj, President, Liberty Defense Holdings to Marlene H. Dortch, Secretary, Federal Communications Commission, ET Docket No. 19-217 (filed Oct. 2, 2019) (defining “private security personnel” to mean individuals and organizations (other than public law enforcement personnel and agencies) that primarily are engaged in the detection of crime and threats to people and property at sites at which people aggregate, including providers of (i) proprietary or contractual guard and screening services, (ii) electronic security systems integration and management services, and (iii) security consulting services). The three paragraphs of Section 15.511 subject to Liberty’s waiver request relate to eligibility requirements for the operation of such surveillance systems to law enforcement, fire or emergency rescue organizations, or by manufacturers licensees, petroleum licensees or power licensees; require that operation must be coordinated with the Federal government; and specify that surveillance systems must bear the statement that: “Operation of this device is restricted to law enforcement, fire and rescue officials, public utilities, and industrial entities.” 47 CFR § 15.511(b) introductory text, (b)(2), and (f). The specific Federal Government coordination procedures, detailed in Section 15.525, require users to disclose operational areas and other information to the Commission’s Office of Engineering and Technology, which coordinates with the Federal government through the National Telecommunications and Information Administration (NTIA). 5. The Office of Engineering and Technology (OET) sought comment on Liberty’s waiver request. Office of Engineering and Technology Seeks Comment on Liberty Defense Holdings, LTD. Request for Waiver of Certain Part 15 Ultra-Wideband (UWB) Rules, Public Notice, DA 19-706 (OET 2019); Office of Engineering and Technology Extends Comment Cycle Deadlines on Liberty Defense Holdings, LTD. Request for Waiver of Certain Part 15 Ultra-Wideband (UWB) Rules, Public Notice, DA 19-217 (OET 2019). While no party filed comments specifically addressing technical concerns regarding the waiver request, Liberty’s request was cited in a letter that Cisco Systems, Inc. and Hewlett Packard Enterprise Company filed in multiple proceedings asking that the Commission evaluate the UWB rules as part of a comprehensive proceeding. Letter from Mary L. Brown, Cisco, and Chuck Lukaszewski, Hewlett Packard, to Marlene H. Dortch, Secretary, Federal Communications Commission, in various dockets including ET Docket No. 19-217, (filed Nov. 13, 2019) (Cisco/HPE UWB Letter). III. DISCUSSION 6. We are authorized to grant a waiver under Section 1.3 of the Commission's rules if the petitioner demonstrates good cause for such action. 47 CFR § 1.3. See also ICO Global Communications (Holdings) Limited v. FCC, 428 F.3d 264 (D.C. Cir. 2005); Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164 (D.C. Cir. 1990); WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969). Good cause, in turn, may be found “where particular facts would make strict compliance inconsistent with the public interest.” Northeast Cellular, 897 F.2d at 1166; see also ICO Global Communications, 428 F.3d at 269 (quoting Northeast Cellular); WAIT Radio, 418 F.2d at 1157-59. To make this public interest determination, the waiver cannot undermine the purpose of the rule, and there must be a stronger public interest benefit in granting the waiver than in applying the rule. See, e.g., WAIT Radio, 418 F.2d at 1157 (stating that even though the overall objectives of a general rule have been adjudged to be in the public interest, it is possible that application of the rule to a specific case may not serve the public interest if an applicant's proposal does not undermine the public interest policy served by the rule); Northeast Cellular, 897 F.2d at 1166 (stating that in granting a waiver, an agency must explain why deviation from the general rule better serves the public interest than would strict adherence to the rule). The UWB standards in Part 15 were adopted to ensure that UWB devices, including surveillance devices, do not cause harmful interference to authorized radio services, including those operated by the Federal Government. Revision of Part 15 of the Commission's Rules Regarding Ultra-Wideband Transmission Systems, ET Docket No. 98-153, First Report and Order, 17 FCC Rcd 7435 (2002) (UWB First R&O); see also, 47 CFR §§ 15.50115.525. As discussed below, we find that, with appropriate operational and technical limitations, granting Liberty’s request for waiver poses no greater risk of causing harmful interference to radio communications services than any other surveillance device operating under our rules. In addition, we find that there is a stronger public interest benefit in granting this waiver than in strictly applying the rules. HEXWAVE devices can provide protection and safety to the American public by passively detecting weapons and other threats in public venues. Thus, we find that the waiver standard has been met. A. Waiver of the UWB definition in Section 15.503(d) 7. Section 15.503(d) of the Commission’s rules defines a UWB transmitter as a device that “at any point in time” has an UWB bandwidth equal to or greater than 500 megahertz or a fractional bandwidth equal to or greater than 0.20. 47 CFR §15.503(d). Liberty describes the HEXWAVE as using a set of “chirplets.” Liberty Waiver Request at 6. It sweeps a continuous waveform signal through a 200-megahertz block of spectrum, followed by a 100 nanosecond quiet period. The device then sweeps through the next 200-megahertz block of spectrum. These chirplets are grouped together in sets of three, spanning a total of 600 megahertz. Id. Each of these individual transmissions is less than 500 megahertz in bandwidth “at any point in time” and Liberty’s device does not have a 0.20 or greater fractional bandwidth. Thus, even though the device has a total bandwidth that exceeds 500 megahertz, it would not meet the definitional requirement for operation under the UWB rules because of the quiet period between each chirplet. Stepped and swept frequency devices like Liberty’s have a difficult time meeting the rule’s technical specifications because the large bandwidth is achieved by stepping or sweeping a narrow signal through the broader frequency range, and therefore won’t be instantaneously wide enough to meet the rules’ specific requirements. 8. The UWB imaging rules were designed to accommodate devices that emit impulsive or transient-like signals that are spread across a very wide bandwidth to produce an image of objects within the ground or other materials. See UWB First R&O, 17 FCC Rcd at 7437-7440, 7450, 7476 and 7494. The primary difference between the Liberty device and other UWB surveillance systems devices provided for in the rules is that the HEXWAVE uses an array of closely spaced transmitting/receiving antennas that transmit sequentially over a large band of spectrum to gather all the needed data. This modulation scheme is functionally equivalent to other types of UWB imaging devices in that it uses transient-like signals spread across a wide bandwidth. The risk of interference is no greater than that from other such UWB surveillance systems, and so a waiver in this case will not undermine the intent of our rule. B. Waiver of the measurement procedures in Sections 15.31(c) and 15.521(d) 9. Section 15.31(c) of the Commission’s rules sets forth the measurement standards for unlicensed devices to demonstrate compliance with applicable emissions limits. 47 CFR §15.31(c). This rule requires swept frequency equipment measurements to be made with the frequency sweep stopped. Section 15.521(d) sets forth the measurement procedures for UWB devices to demonstrate compliance with applicable emissions limits. 47 CFR §15.521(d). For emissions above 960 MHz, this rule requires that, if pulse gating is used and the transmitter is quiescent for longer intervals than the nominal pulse repetition interval, measurements are made with the pulse train gated on. Liberty observes that, since this rule was adopted, the Commission has permitted other UWB transmitters operating above 960 MHz that use frequency stepping techniques to be measured using an average detector with the transmitter operating in its normal mode, i.e., with the sweeping function active. Liberty Waiver Request at 8-9 (citing waiver requests by the Multi-band OFDM Alliance Special Interest Group, Curtiss-Wright Controls, and Kyma Medical Technologies Ltd.). Liberty claims that the HEXWAVE will meet all other emission limits and technical requirements under the UWB rules when measured with the sweeping function active. Id. at 15. 10. We recognized in prior orders granting waivers of the measurement procedures for UWB transmitters, where emissions were permitted to be measured with the transmitter operating in its normal transmission mode, that the interference aspects of a transmitter employing frequency hopping, frequency stepping, or gating are quite similar, as viewed by a receiver. See, e.g., Petition for Waiver of the Part 15 UWB Regulations Filed by the Multi-band OFDM Alliance Special Interest Group, ET Docket No. 04-352, Order, 20 FCC Rcd 5528 (2005) (MBOA-SIG Waiver Order). That is because transmitters using these burst formats appear to the receiver to emit for a short period of time followed by a quiet period. Id., 20 FCC Rcd at 5535. We concluded that “any requirement to stop the frequency hopping, band sequencing, or system gating serves only to add another unnecessary level of conservatism to already stringent UWB standards.” Id., 20 FCC Rcd at 5534. In conjunction with NTIA, we have further determined that allowing stepped frequency devices to be measured with the stepping function on would not increase the interference potential of the device above that of impulse UWB devices if all other emission limits and technical requirements are met. See Curtiss-Wright Controls Inc. Request for Waiver of Part 15 of the Commission’s Rules Applicable to Ultra-Wideband Devices, ET Docket No. 10-167, Order, 27 FCC Rcd 234 at 242 (OET 2012) (CWCI Waiver Order). See also MBOA-SIG Waiver Order, 20 FCC Rcd at 5531-5536. Liberty’s request represents an analogous situation. We find that permitting Liberty to demonstrate compliance with the UWB surveillance systems emission limits under a waiver of the measurement procedures in Sections 15.31(c) and 15.521(d) poses no greater risk of causing harmful interference to radio communications services than any other UWB imaging system operating under our rules, and therefore will not undermine the purpose of these rules. Our reliance on the MBOA-SIG Waiver Order and the CWCI Waiver Order in this instance only relates to the measurement procedures in Section 15.521(d). C. Waiver of the eligibility, operational, and disclosure requirements in Section 15.511 11. Section 15.511(b) includes eligibility requirements and coordination requirements with the Federal Government under section 15.525 applicable to UWB surveillance systems. 47 CFR §15.511(b) introductory text and (b)(2). The eligibility requirements limit the use of fixed surveillance systems to applications associated with law enforcement, firefighting, emergency rescue, manufacturers licensees, petroleum licensees, or power licensees. This provision is intended to ensure that surveillance systems are used infrequently with a low proliferation rate to avoid causing harmful interference to authorized users. UWB First R&O, 17 FCC Rcd at 7499-7504, paras. 185-201 (2002). Private security firms did not request to be included in the original list of permissible uses during the rulemaking and the Commission did not discuss private security firm users in its decision. Section 15.511(f) mandates that a surveillance system carry a statement that the operation of the system is restricted to law enforcement, fire and rescue, public utilities, and industrial entities. 47 CFR §15.511(f). 12. In its waiver request, Liberty argues that while the list of eligible users does not include private security professionals, reliance on such private security teams is an important component of efforts to protect vulnerable facilities and public gatherings nationwide. Liberty Waiver Request at 10. A waiver of the eligibility requirements set forth in the introductory text of Section 15.511(b) would permit security professionals that do not qualify under the law enforcement provision to operate HEXWAVE devices. We find that Liberty has made a persuasive case that use under the requested waiver will be sufficiently limited so as not to undermine the purpose of the rule, and that grant of a waiver of this section would be consistent with our prior decisions. The HEXWAVE is intended for use by trained security professionals in limited locations. According to Liberty, HEXWAVE’s price point will have the practical effect of limiting deployment to high priority events. Id. at 10-11. In addition, the use scenario – detection of concealed weapon detection – is exactly the type of targeted law enforcement use that would already be permissible under Section 15.511(b), but for the fact that the HEXWAVE operators may not themselves be law enforcement officers. Moreover, grant of a limited waiver in this instance is consistent with precedent, where we found that expanding eligibility requirements to permit a narrow and specific application was justified where such use would be infrequent and with a low proliferation rate. See Headsight, Inc. Request for waiver of Part 15 of the Commission’s Rules Applicable to Ultra-Wide Band Devices, ET Docket No. 16-44, Order, 32 FCC Rcd 1511 at 1514 (OET 2017) (allowing use of a UWB device mounted on farming machinery operated in fields that are located in rural or predominantly agricultural areas by parties eligible for licensing under the Part 90 rules). 13. Therefore, for purposes of this waiver, we adopt a narrowly tailored definition of “private security personnel” suggested by Liberty in its waiver petition, See supra note 6. to mean individuals and organizations (other than public law enforcement personnel and agencies) that primarily are engaged in the detection of crime and threats to people and property at sites at which people aggregate, including providers of (i) proprietary or contractual guard and screening services, (ii) electronic security systems integration and management services, and (iii) security consulting services, which could include security staff who also hold private security licenses or adhere to federal, state, or local private security laws. This definition is designed to ensure that eligibility to use the HEXWAVE is not extended to members of the general public who are not otherwise involved in security-related activities. 14. To further ensure that the purpose of the rule is not undermined, we will limit the number of devices that may be deployed under this waiver to 100 in the first year following the effective date of this Order, to an additional 200 in the second year, and to an additional 300 in the third year for a total of 600 devices at the end of the third year. This matches the deployment numbers that Liberty has endorsed in the record. See Letter from Aman Bhardwaj, President, Liberty Defense Holdings to Marlene H. Dortch, Secretary, Federal Communications Commission, ET Docket No. 19-217 (filed Apr. 24, 2020). In the fourth year and all subsequent years, Liberty may deploy up to 300 additional devices per year. Our decision to limit the number of devices and to allow for their gradual deployment is a cautious approach, so that harmful interference issues can be identified and addressed in the extremely unlikely event that they were to occur. If no interference issues arise, starting in the fourth year the FCC, in coordination with NTIA, would consider a request by Liberty to increase the number of devices that may be deployed each year. Devices deployed under the terms of this waiver may continue to operate after the three-year deployment period ends, provided there is no harmful interference to authorized operations. Liberty must file a modification of its waiver to deploy more than 600 devices or to extend the deployment period beyond three years. As an additional precautionary measure, Liberty has agreed to limit the parameters for the HEXWAVE system to those described in its Ex Parte presentation. See Liberty Ex Parte Notice filed September 11, 2019, at 2. More specifically Liberty on its own motion has agreed to limit the total transmit time of the HEXWAVE system during a cycle to less than 54 milliseconds and each cycle will be repeated with a period of no less than 100 milliseconds. This will ensure that the total transmit time will be kept to a minimum. 15. We also find that a waiver of the Section 15.511(b)(2) coordination requirement, with appropriate conditions, is warranted. The HEXWAVE will be limited in number and only used in specialized settings (e.g., hotels, schools, and sporting venues). As noted in the Kyma Medical Order, the coordination process for UWB devices was primarily put into place to keep track of ground penetrating radars that would potentially be used for extended periods in outdoor locations. See Kyma Medical Technologies Ltd. Request for Waiver of Part 15 of the Commission’s Rules Applicable to Ultra-Wideband Devices, ET Docket No. 15-119, Order, 31 FCC Rcd 9705, 9710 (OET 2016). Unlike the HEXWAVE, ground penetrating radars are prolific commercial devices that are widely deployed throughout the United States. In addition, Liberty has agreed to operational restrictions to protect certain Federal government operations. The 7.145-7.235 GHz and 8.4-8.5 GHz bands are allocated to the space research service and are used to receive low-power signals from space by NASA and radio astronomers. To protect these operations, Liberty has agreed that operations of HEXWAVE devices should be prohibited in certain locations and should require coordination with either NASA or radio astronomy at other locations. 16. To satisfy Federal government coordination interests, we will require Liberty to create and maintain a record of installations of all devices operating under this waiver, including the identity of the customer, the type of installation (e.g., airport or government building, commercial venue), and street address and/or geographical coordinates, and must maintain a record of any instances of harmful interference caused to Federal government operations. Liberty must make this information available to the Commission and/or NTIA upon request. Liberty must also inform purchasers that HEXWAVE devices may not be resold to third parties for use at another installation in the United States without prior notice and unless arrangements are made for the third-party buyer to meet all the waiver conditions. We will also require Liberty to actively maintain location information, have the capability of detecting any abnormal operation, and possess the ability to remotely cease transmission of a HEXWAVE system upon notice of interference. See Liberty Ex Parte filed December 7, 2021. These requirements are consistent with those suggested by Liberty and will assist it and the Commission in addressing questions that may arise regarding the deployment and operation of HEXWAVE devices. See L-3 Communications Security and Detections Systems, Inc. Request for Waiver of Sections 15.31(c), 15.35(b) and 15.205(a) of the Commission’s Rules to Permit the Deployment of Security Screening Portal Devices that Operate in the 20-40 GHz Range, ET Docket No. 16-45, Order, 31 FCC Rcd 12310 (OET 2016) (mandating a similar detailed recordkeeping requirement as a condition to granting a waiver). 17. We also grant a waiver of Section 15.511(f), to properly reflect the waiver of Section 15.511(b) by requiring a modified statement of who may operate the HEXWAVE system. Each HEXWAVE device will be required to bear the following (or a substantially similar) statement in a conspicuous location on the device: “Operation of this device is restricted to law enforcement, fire and rescue officials, private security personnel, public utilities, and industrial entities. Operation by any other party is a violation of 47 U.S.C. 301 and could subject the operator to serious legal penalties.” See Liberty Waiver Request at Exhibit A. D. Waiver conditions 18. This waiver is conditioned on Liberty meeting the specified waiver conditions. We further note that Liberty is not requesting a relaxation of the restrictive emission limits that are an integral part of our UWB rules, and which we have acknowledged to be conservative and extremely protective of incumbent services. See UWB First R&O, 17 FCC Rcd 7435, 7437, para. 1 (stating that “we are concerned, however, that the standards we are adopting may be overprotective and could unnecessarily constrain the development of UWB technology”). Because the HEXWAVE must comply with these rules, and because it can operate under a waiver of the four rules we have identified in a manner consistent with the use characteristics associated with other UWB surveillance applications without increasing the potential for harmful interference to authorized users, we find good cause to grant the waiver request. We also find good cause to grant this waiver without first resolving the issues Cisco and Hewlett Packard have raised in their letter. See Cisco/HPE UWB Letter, supra note 9. Liberty’s request is narrowly tailored, can be granted without raising the potential for causing harmful interference to authorized services, and can help realize important public safety benefits. By contrast, Cisco and Hewlett Packard raise general questions of Commission practice and policy that will remain available for our consideration later and in an appropriate context. 19. Accordingly, pursuant to the delegated authority in Sections 0.31 and 0.241 of the Commission’s rules, we waive the requirements of Sections 15.31(c), 15.503(d), the introductory text of 15.511(b), 15.511(b)(2), 15.511(f), and 15.521(d) of our rules to permit the certification and marketing of the HEXWAVE System. This waiver is subject to the following conditions: 1) The HEXWAVE device shall be certified by the Commission and must comply with the technical specifications applicable to operation under Part 15 of 47 CFR, except as permitted below: (a) the instantaneous bandwidth requirement in 47 CFR §15.503(d) is waived to permit operation of the swept-frequency UWB surveillance system; (b) the measurement requirements in 47 CFR §15.31(c) and 47 CFR § 15.521(d) are waived to permit the HEXWAVE device to be tested with the frequency sweep active, rather than stopped, to demonstrate compliance with the maximum permitted average power in Section 15.511; (c) the eligible user requirements specified in the introductory text of 47 CFR §15.511(b) are relaxed to also allow use by private security personnel defined as “Individuals and organizations (other than public law enforcement personnel and agencies) that primarily are engaged in the detection of crime and threats to people and property at sites at which people aggregate, including providers of (i) proprietary or contractual guard and screening services, (ii) electronic security systems integration and management services, and (iii) security consulting services”; (d) the coordination requirement of 47 CFR §15.511(b)(2) to coordinate directly with the Commission and NTIA is waived; (e) in lieu of the labeling requirement of 47 CFR §15.511(f), each HEXWAVE system shall bear the following or substantially similar statement in a conspicuous location on the device: “Operation of this device is restricted to law enforcement, fire and rescue officials, private security personnel, public utilities, and industrial entities. Operation by any other party is a violation of 47 U.S.C. 301 and could subject the operator to serious legal penalties.” (f) Liberty’s sale of the HEXWAVE system will be limited to law enforcement, fire, and rescue officials, private security personnel, public utilities, and industrial entities as described in conditions (1)(c) and (1)(e). 2) Liberty shall create and maintain a record of all devices sold under this waiver, which record shall include all information set forth in 47 CFR § 15.525(b) to include latitude and longitude information. This record shall be made available to the Commission and to NTIA upon request. 3) The maximum EIRP of the HEXWAVE system shall not exceed -41.3 dBm/MHz. 4) The intentional emissions generated by the HEXWAVE device must be completely contained within the 6-10.6 GHz frequency range. 5) The total transmit time of the HEXWAVE system during a cycle will be less than 54 milliseconds and each cycle will be repeated with a period of no less than 100 milliseconds. 6) Each HEXWAVE system will be operated such that no two antennas within a single HEXWAVE system will transmit concurrently. 7) This waiver shall apply to the HEXWAVE systems as described herein and provided no changes are made to the transmitter that would increase the system’s EIRP. 8) Liberty shall: a) maintain a database, accessible to the FCC and NTIA upon request, of any instance in which a deployed HEXWAVE system caused harmful interference to federal operations; b) in every instance know the exact location of the deployment of each HEXWAVE system due to the terms of its customer agreements and its ability to remotely monitor operating HEXWAVE systems, and contractually require Liberty’s approval for its customer to move a HEXWAVE system; and c) maintain remote connectivity to each HEXWAVE to continuously monitor systems operating in the field. Liberty will take corrective action if there is abnormal operation by a HEXWAVE system, including terminating operation in the event of interference. 9) Liberty shall inform purchasers that the HEXWAVE device may not be resold or leased by such purchasers to third parties for use at another installation in the United States without prior notice to Liberty and unless appropriate arrangements are made for the third-party buyer to meet all of the conditions of this waiver. 10) Liberty shall disclose in a manner that would be conspicuous to both initial and subsequent purchasers of HEXWAVE that these devices may only be operated on a non-interference basis to existing and future authorized services and operators of these devices will be required to mitigate any instances of harmful interference that may occur. 11) Liberty shall limit the number of systems installed under this waiver to one hundred (100) installations during the first twelve months following the grant of this waiver and to an additional two hundred (200) during the second twelve months and to an additional three hundred (300) during the third twelve months, for a total of no more than six hundred (600) systems at the end of three years. In the fourth year and all subsequent years Liberty may install up to three hundred (300) additional systems per year; any request by Liberty to modify this limit may be considered by the FCC in coordination with NTIA. 12) Liberty shall avoid outdoor deployment within 20 km of the sites listed in footnote US 131: Arecibo Observatory, PR…………….…... 18° 20' 37" N, 66° 45' 11" W Green Bank Telescope (GBT), WV…..….. 38° 25' 59" N, 79° 50' 23" W Very Large Array (VLA), Socorro, NM…. 34° 04' 44" N, 107° 37' 06" W Very Long Baseline Array (VLBA) Stations: Brewster, WA……………………. 48° 07' 52" N, 119° 41' 00" W Fort Davis, TX…………………… 30° 38' 06" N, 103° 56' 41" W Hancock, NH…………………….. 42° 56' 01" N, 71° 59' 12" W Kitt Peak, AZ…………………….. 31° 57' 23" N, 111° 36' 45" W Los Alamos, NM…………………. 35° 46' 30" N, 106° 14' 44" W Mauna Kea, HI…………….……… 19° 48' 05" N, 155° 27' 20" W North Liberty, IA…………………. 41° 46' 17" N, 91° 34' 27" W Owens Valley, CA………………… 37° 13' 54" N, 118° 16' 37" W Pie Town, NM…………………….. 34° 18' 04" N, 108° 07' 09" W St. Croix, VI………………………. 17° 45' 24" N, 64° 35' 01" W Coordination is required for outdoor operations within 20 km of the above referenced sites. The following points of contact must be notified for coordination (please cc esm@nsf.gov): VLA/VLBA: Dan “Mert” Mertely nrao-rfi@nrao.edu phone:  (575) 835-7128 Arecibo:   Angel Vazquez angel@naic.edu phone: (787) 878-2612 ext.304 Coordination is required for any operations within the National Radio Quiet Zone (NRQZ). The NRQZ and GBT PoC is: Paulette Woody nrqz@gb.nrao.edu Phone:  (304) 456-2107 (normal); (615) 796-6395 (Google voice) or 304-456-9951 (H) Notification to esm@nsf.gov and the VLA/VLBA point of contact is required for any operation/deployment within the geographic area bounded by: 31.367224° N, 109.031505° W 31.367224° N, 103.077521° W 34.386150° N, 103.077521° W 34.386150° N, 109.031505° W Except for within the city limits of Las Cruces, Alamogordo, Roswell, and Carlsbad in NM, and El Paso, TX. This would assist radio astronomy operations. NSF may request coordination of operations in the future, as the VLA does make use of the frequency range involved, and such coordination may assist with telescope scheduling. 13) Outdoor deployment shall be avoided within 10 km of the sites listed in Table 1: Table 1. Exclusion Zone Sites Location Latitude (dd mm ss) Longitude (ddd mm ss) AK, Anchorage 61 09 24 N 149 59 07 W AK, Fairbanks 64 51 32 N 147 51 04 W AK, U of AK 64 51 37 N 147 50 50 W AK, North Pole 64 48 18 N 147 30 00 W AK, North Pole West AS4 64 47 37 N 147 32 18 W AK, North Pole West AS5 64 47 42 N 147 32 18 W AK, Poker Flat 65 07 00 N 147 27 35 W CA, Goldstone (DSS-14) 35 25 33 N 116 53 19 W CA, Goldstone (DSS-24) 35 20 24 N 116 52 29 W CA, Goldstone (DSS-25) 35 20 15 N 116 52 31 W CA, Goldstone (DSS-26) 35 20 09 N 116 52 23 W HI, South Point 19 00 50 N 155 39 47 W SD, Sioux Falls 43 44 10 N 096 37 21W VA, Wallops Island 37 55 28 N 075 28 35 W VA Wallops Island 37 55 35 N 075 28 32 W The outdoor deployment Coordination Zone Sites that should be subject to a 1.2 km coordination zone are identified in Table 2. Table 2. Coordination Zone Sites Location Latitude (dd mm ss) Longitude (ddd mm ss) CA, La Jolla 32 52 11 N 117 15 07 W CA, Orange 33 47 38 N 117 51 00 W CA, Pasadena 34 12 06 N 118 10 27 W CA, Poway 32 56 18 N 117 02 42 W DE, Newark 39 41 01 N 075 45 18 W FL, St. Petersburg 27 45 36 N 082 37 55 W FL, Tallahassee 30 23 10 N 084 13 53 W HI, Honolulu 21 17 54 N 157 48 59 W IN, Indianapolis 39 47 42 N 086 03 43 W IN, Lafayette 40 25 48 N 086 54 54 W KY, Morehead 38 11 31 N 083 26 20 W LA, Baton Rouge 30 24 43 N 091 10 44 W MD, Greenbelt 38 59 57 N 076 51 18 W MD, Lanham 38 57 40 N 076 50 24 W MD, Suitland 38 51 07 N 076 56 31 W MI, Peach Mountain 42 23 56 N 083 56 08 W MS, Stennis Space Center 30 22 05 N 089 37 01 W MT, Missoula 46 55 34 N 114 05 35 W NJ, New Brunswick 40 28 48 N 074 26 13 W NM, Albuquerque 35 05 02 N 106 37 16 W NY, New York 40 49 12 N 073 57 00 W OR, Corvallis 44 34 04 N 123 16 39 W TX, Austin 30 23 42 N 097 44 06 W TX, Irving 32 52 41 N 096 59 53 W UT, Salt Lake City 40 46 00 N 111 53 13 W WI, Madison 43 04 15 N 089 24 24 W The point of contact for coordination is Bryan Rhodes NASA, Frequency Assignment Program Manager bryan.a.rhodes@nasa.gov. 14) This waiver and its conditions shall apply only to the UWB devices described herein and are not to be considered to apply generally to any other UWB operations where further analysis would be necessary to assess the potential for impact to other authorized users. 15) A copy of this Order shall be provided with the application for certification of the device. IV. ORDERING CLAUSES 20. Accordingly, pursuant to authority delegated in Sections 0.31 and 0.241 of the Commission's rules, 47 CFR §§ 0.31, 0.241, and Section 1.3 of the Commission's rules, 47 CFR § 1.3, IT IS ORDERED that the Request for Waiver filed by Liberty Defense Holdings, Ltd. on May 8, 2019 IS GRANTED consistent with the terms of this Order. This action is taken pursuant to Sections 4(i), 302, 303(e), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i), 302, 303(e), and 303(r). This action is effective upon release of this Order. 21. IT IS FURTHER ORDERED that, if no applications for review are timely filed, this proceeding SHALL BE TERMINATED and the docket CLOSED. FEDERAL COMMUNICATIONS COMMISSION Ronald T. Repasi Acting Chief Office of Engineering and Technology 2