*Pages 1--28 from Microsoft Word - 28332.doc* Federal Communications Commission FCC 03- 110 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Revision of Parts 2 and 15 of the Commission’s Rules to Permit Unlicensed National Information Infrastructure (U- NII) devices in the 5 GHz band ) ) ) ) ) ) ) ET Docket No. 03- 122 RM - 10371 NOTICE OF PROPOSED RULEMAKING Adopted: May 15, 2003 Released: June 4, 2003 Comments date: [120 days from date of publication in the Federal Register] Reply comments date: [150 days from date of publication in the Federal Register] By the Commission: Chairman Powell, Commissioners Abernathy and Adelstein issuing separate statements; Commissioners Copps and Martin issuing a joint statement. INTRODUCTION 1. By this action, we propose to amend Part 15 of our rules governing the operation of unlicensed National Information Infrastructure (U- NII) devices, 1 including Radio Local Area Networks (RLANs), to make available an additional 255 megahertz of spectrum in the 5.47– 5.725 GHz band. 2 This will increase the spectrum available to unlicensed devices in the 5 GHz region of the spectrum by nearly 80%, and, it represents a significant increase in the spectrum available for unlicensed devices across the overall radio spectrum. This action responds to the petition for rule making submitted by the Wireless Ethernet Compatibility Alliance (WECA – now known as the Wi- Fi Alliance). 3 We believe that the increased available capacity gained from access to an additional 255 megahertz of spectrum, coupled with the ease of deployment and operational flexibility provided by our U- NII rules, will foster the development of a wide range of new and innovative unlicensed devices and lead to increased wireless broadband access and investment. 4 Also, this proposal would align the frequency bands used by U- NII 1 U- NII devices are “[ i] ntentional radiators operating in the frequency bands 5.15- 5. 35 GHz and 5.725- 5.825 GHz that use wideband digital modulation techniques and provide a wide array of high data rate mobile and fixed communications for individuals, businesses, and institutions.” 47 C. F. R. § 15. 403( i). 2 See 47 C. F. R. Part 15 Subpart E – Unlicensed National Information Infrastructure Devices. 3 See WECA Petition for Rulemaking, RM- 10371, filed on January 15, 2002, Public Notice Report No. 2527; Jan. 29, 2002. 4 We note that the Spectrum Policy Task Force Report issued last fall recommended that the Commission act to promote more flexible, innovative, and market driven uses of the radio spectrum, and, indeed, the report specifically recommended that the Commission allocate additional spectrum for unlicensed use. This action advances the policies set forth in the report. 1 Federal Communications Commission FCC 03- 110 2 devices with those in other parts of the world, thus decreasing development and manufacturing costs for U. S. manufacturers by allowing for the same digital communications products to be used in most other parts of the world. 5 2. In addition to proposing to make more spectrum available for use by U- NII devices, we propose several other changes to the Table of Frequency Allocations to accommodate the needs of other radio services operating in the 5 GHz region of the spectrum. Specifically, we propose to modify the U. S. Table of Frequency Allocations in Part 2 of the rules to upgrade the status of the Federal Government Radiolocation service to primary in the 5.46- 5.65 GHz band. 6 We also propose to upgrade the status of the non- Federal Government radiolocation to primary in the 5.47- 5. 65 GHz band. We further propose to add primary allocations for the Federal Government and secondary allocations for the non- Federal Government Space Research Service (active) (SRS) in the 5.35- 5.57 GHz band and the Earth Exploration- Satellite Service (active) (EESS) in the 5.46- 5.57 GHz band. 7 We also propose to modify certain technical requirements for U- NII devices in the Part 15 rules to protect various radio services against harmful interference. 8 Our proposals are consistent with the U. S. World Radiocommunication Conference 2003 (WRC- 03) position regarding this band. 9 BACKGROUND 3. Under the current FCC Part 15 rules, U- NII devices are permitted to operate in a total of 300 megahertz of spectrum in the 5.150- 5.250 GHz, 5.250- 5.350 GHz and 5.725- 5.825 GHz bands. The technical and operational requirements are different in each of these bands. 10 Many of the devices presently operating under these rules are designed to meet an industry standard for wireless local area networks called IEEE 802.11( a), which is sometimes referred to as a Wi- Fi (Wireless- Fidelity) standard. 11 5 Allowing RLANs to operate in the same spectrum used by products built to the European HIPERLAN standard will foster American industry’s flexibility to create products for both markets, promote economies of scale in production, increase convenience for traveling users and facilitate seamless user applications. 6 The U. S. Table of Frequency Allocations is set forth in Section 2.106 of the Commission’s rules, 47 C. F. R. § 2.106. 7 The Commission previously proposed primary Federal Government EESS (active) and SRS (active) allocations in the 5.25- 5. 35 GHz band and a Federal Government EESS (active) allocation in the 5.35- 5. 46 GHz band. See Amendment of Parts 2, 25, and 87 of the Commission’s Rules to Implement Decisions from World Radio communication Conferences concerning Frequency Bands Between 28 MHz and 36 GHz and to Otherwise Update the Rules in this Frequency Range, ET Docket No. 02- 305, 17 FCC Rcd 19756 (2002) (“ Above 28 MHz Notice”). 8 The rules we are proposing herein are those deemed necessary to protect incumbent users from interference. Industry standards being developed by IEEE or others may contain more detailed technical requirements. 9 See U. S. Department of Commerce, National Telecommunications and Information Administration, “Agreement Reached Regarding U. S. Position on 5 GHz Wireless Access Devices,” (“ WRC- 03 Agreement”), rel. Jan. 31, 2003, (available at http:// www. ntia. doc. gov/ ntiahome/ press/ 2003/ 5ghzagreement. htm.) The World Radiocommunication Conference 2003 (WRC- 03) is scheduled for June 9 - July 4, 2003, in Geneva, Switzerland. In Agenda Item 1.5, WRC- 03 will consider spectrum allocations for the mobile, fixed, EESS, and SRS, and the upgrade of the radiolocation service in the frequency range 5.15- 5. 725 GHz. 10 See 47 C. F. R Part 15 Subpart E. 11 The term Wi- Fi was originally applied to unlicensed wireless devices operating in the 2. 4 GHz region of the spectrum in accordance with the Institute of Electrical and Electronics Engineers (IEEE) 802. 11( b) standard. More recently, the term has also been applied to unlicensed wireless devices operating in the 5 GHz region under in accordance with IEEE 802.11( a). The IEEE standards contain specific implementation requirements for systems (continued....) 2 Federal Communications Commission FCC 03- 110 3 4. On January 15, 2002, WECA submitted a petition for rule making seeking an additional 255 megahertz of spectrum for use by U- NII devices in the 5.470- 5.725 GHz band. WECA argues that this additional spectrum is needed to accommodate growing demand for unlicensed radio local area networks (RLANs) that are capable of operating at data rates of up to 54 million bits per second (54 Mbps). WECA states that RLANs can offer a low- cost method to meet business and consumer needs for broadband communication devices and services. WECA argues that a key condition for continued market acceptance of RLANs is the availability of sufficient spectrum to allow a high quality user experience in the presence of large numbers of uncoordinated users. 12 Additionally, WECA states that its proposal would align the U. S. U- NII spectrum with the European allocations for HiperLANs, thereby permitting the use of common products in both the U. S. and Europe and increasing economies of scale. 13 5. In response to WECA’s petition, seventeen comments and ten reply comments were filed. The overwhelming majority of the commenters support WECA’s proposal for increasing the amount of spectrum available for U- NII equipment, citing both the benefits of additional system capacity and the promise of new technologies capable of providing higher data rates than currently available. 14 Three commenters oppose the petition, stating that WECA has not demonstrated a need for more unlicensed U- NII spectrum. 15 ARRL further argues that WECA has not demonstrated that U- NII devices operating in the 5.650- 5.725 GHz band will not cause interference to the Amateur Radio service, which operates on a secondary basis in this band. 16 6. The WRC- 03 will consider allocations for wireless access systems including RLANs, radar systems, and other services in the 5 GHz region of the spectrum. Specifically, WRC- 03 Agenda Item 1.5 considers several issues that either interrelate or overlap with the expansion of spectrum used for the deployment of RLANs internationally. These issues are as follows: 1) whether to upgrade the Radiolocation service allocation in the 5.350- 5.650 GHz band to primary; 2) whether to add an allocation for the Earth Exploration- Satellite Service (EESS) and Space Research Services (SRS) in the 5.460- 5.570 GHz band; and 3) whether to add a Mobile allocation for wireless access systems including RLANs, in the 5.150- 5.350 GHz and 5.470- 5.725 GHz bands. 17 7. The 5.350- 5.650 GHz band portion of the spectrum that is the subject of the WECA petition is currently allocated internationally to the Radiolocation service on a secondary basis. The U. S. Department of Defense (DoD) uses this band for a number of radar systems, including systems used for national security. DoD is concerned that RLAN systems will cause interference to its radar systems. In (... continued from previous page) and are consistent with our more general requirements. The Commission does not require devices operating in either the 2.4 GHz or 5 GHz bands to meet the IEEE standards. 12 See WECA petition. 13 The European High Performance Radio Local Area Networks (HiperLANs) operate in the 5.15- 5. 35 GHz and 5. 475- 5.725 GHz bands. 14 See comments of Actiontec, Agere, Atheros, Compaq, Intel, Intersil, Dennis Kuwahara, Lincom Wireless, Motorola, Nokia, Proxim, Konrad Roeder, Sharp Labs, and WCA. 15 See comments of the Amherst Alliance and ARD, ARRL, and Nicklaus Legget. 16 See ARRL comments at 8. 17 WRC Agenda Item 1.5 also includes a provision adding an allocation to the Fixed Service for Fixed Wireless Access in Region 3, which includes Asia, Australia, and the Pacific Islands. In addition, WRC Agenda Item 1. 6 is closely related to Agenda Item 1.5. Agenda Item 1.6 addresses the provisions of regulatory measures to protect Mobile Satellite Service (“ MSS”) feeder links operating in the 5150- 5250 MHz band. 3 Federal Communications Commission FCC 03- 110 4 addition, DoD is concerned that, should the WRC- 03 establish a primary Mobile allocation for RLANs, DoD’s radar systems would be compelled to accept interference from RLANs. DoD therefore believes it is vital to national security to elevate the Radiolocation service allocation from secondary to primary status. Additionally, the National Aeronautical and Space Administration has supported allocating additional spectrum for SRS in the 5.35- 5.57 GHz band and EESS in the 5.46- 5.57 GHz band. 8. In preparing for WRC- 03 the National Telecommunications and Information Administration (NTIA), FCC, NASA and DOD, working closely with industry, reached the following agreement on U. S. proposals for the WRC- 03 Agenda Item 1.5: 18 1. Upgrade the Radiolocation service to primary status within the 5.350- 5.650 GHz band to protect sensitive DoD operations; 2. Add an allocation for the SRS in the 5.35- 5.46 GHz band and for the EESS and SRS in the 5.46- 5. 57 GHz band; 19 3. Add a Mobile allocation to the 5.150- 5.350 GHz and 5. 470- 5. 725 GHz bands; and 4. Require U- NII or HiperLAN users in the 5.250- 5.350 GHz and 5.470- 5.725 GHz bands to employ dynamic frequency selection (DFS), 20 a listen- before- transmit mechanism, using the following thresholds: -64 dBm for devices that operate with an e. i. r. p. of 200 mW to 1 W and -62 dBm for devices that operate with less than 200 mW e. i. r. p. 21 Additional technical requirements are also needed. 22 9. Taken together, these WRC- 03 proposals would expand the spectrum available for the deployment of U- NII devices, including RLANs, while protecting other spectrum users. Our proposals for implementing these changes are discussed below. DISCUSSION 10. We believe that the rules we are proposing will encourage the growth of unlicensed wireless broadband devices and networks to the benefit of the American public. Further, our proposed rules will ensure that incumbent radio services are protected against harmful interference. We request comments on the proposals addressed in this Notice. Further, we encourage commenters to address any other issues that may not have been identified in this Notice. 11. We agree with WECA that the spectrum currently available for U- NII devices is insufficient to support long- term growth for unlicensed wireless broadband devices and networks. Ample evidence 18 See WRC- 03 Agreement. 19 The SRS allocation in the 5.35- 5.46 GHz band was agreed to at the CITEL (Inter- American Telecommunication Commission) conference held in Orlando, Florida in February 2003. 20 Dynamic Frequency Selection (DFS) is a mechanism that detects the presence of signals from other systems, notably radar systems, and avoids co- channel operation. 21 See WRC- 03 Agreement. 22 Id. 4 Federal Communications Commission FCC 03- 110 5 exists of the enormous growth in the demand for such devices and services. 23 As detailed in a recent White Paper by the Commission staff, market projections indicate that unlicensed wireless network products grew rapidly over the past two years and that future sales volumes are predicted to increase even more dramatically when market conditions improve. For example, the Synergy Research Group reported that the Wireless LAN market posted its eighth consecutive quarter of double- digit growth and has grown at a rate of more than 150 percent since 2000. 24 Further, the revenue from W- LAN shipments is projected to rise to $2.8 billion in 2003 and will continue to grow for the foreseeable future. 25 Although estimates vary, the consensus seems to be that worldwide W- LAN sales, including Wi- Fi equipment, ranged between $1.7 and $2.0 billion in 2002. The Wireless LAN Association foresees W- LAN equipment sales reaching $5.2 billion by 2005. 26 12. We also observe that a number of service providers are currently offering or have announced plans to deploy commercial unlicensed wireless broadband networks. 27 These networks offer significant benefits for American consumers and businesses. For example, such networks offer the possibility of increased competition with other providers of broadband service, including cable and digital subscriber line (DSL) broadband services. We also note that unlicensed wireless devices and networks may provide an available option for broadband service in areas that are unserved by other broadband providers. We further note that the existing U- NII bands are shared with other services and that providing additional spectrum would give devices and networks increased flexibility to avoid causing or receiving interference, thereby improving the quality of service experienced by consumers. In addition, we believe that the availability of additional spectrum will provide certainty that unlicensed wireless broadband networks will have room to grow, thereby further stimulating investment. For these reasons, we tentatively conclude that an additional 255 megahertz should be made available under the U- NII rules to meet the growing demand for new high data rate devices and services and to enable equipment to use spectrum that is harmonized with the European HiperLAN standards. Our proposals, as discussed below, are based on the U. S. government- industry agreement and the U. S. position for WRC- 03. 28 Proposed Changes to the Table of Frequency Allocations 13. We are proposing to implement the following allocations consistent with the U. S. proposals to the WRC- 03. First, we propose to modify the U. S. Table of Frequency Allocations in Part 2 of the rules to upgrade the status of the Federal Government Radiolocation service to primary in the 5.46– 5.65 GHz band. 29 We will similarly upgrade the status of the non- Federal Government Radiolocation 23 Joint Office of Engineering and Technology and Office of Spectrum Policy White Paper on Unlicensed Spectrum Devices and the Associated Regulatory Issues (OET- OSP Unlicensed White Paper). Available at http:// hraunfoss. fcc. gov/ edocs_ public/ attachmatch/ DOC- 234741A1. pdf 24 Id. at 31. See also Comments of Consumer Electronics Association, Docket No. 02- 135, p. 3. 25 “ARCchart, LTD., Blueprint Wi- Fi, 73 percent WLAN Growth in 2002, Issue 7, at 6 (Sept. 26, 2002). 26 Jeff Abramowitz, “Wireless LANs – Poised for untethered Growth.” Available at http:// www. wlan. org/ df/ wlan_ industry. pdf. 27 See OET- OSP Unlicensed White Paper at 34- 35. 28 The United States has supported a regional proposal to the WRC- 03 adopted at the recent CITEL (Inter- American Telecommunication Commission) conference held in Orlando, Florida in February 2003. The CITEL proposal is largely consistent with the U. S. government- industry agreement. However, the CITEL proposal also requires that devices operating in the 5.470- 5. 725 GHz band employ Transmit Power Control (TPC) as an interference protection mechanism for EESS systems and other satellite services. 29 The band 5. 35– 5. 46 GHz is allocated on a secondary basis for radiolocation internationally, however, radiolocation is already allocated on a primary basis in the United States. 5 Federal Communications Commission FCC 03- 110 6 service to co- primary in the 5.47– 5.65 GHz band so that we do not disadvantage non- Government licensees. These bands are used by non- Federal Government broadcast weather radar stations. We note that the Federal Radiolocation service already has a primary allocation in the 5.35- 5.46 GHz band. The elevation in status for Federal Government Radiolocation along with the requirement for DFS as described below will ensure that these existing services are protected from interference from U- NII devices. We further propose to add primary allocations for the Federal Government and secondary allocations for the non- Federal Government for the Space Research Service (active) (SRS) in the 5.35- 5.57 GHz band and the Earth Exploration- Satellite Service (active) (EESS) in the 5.46- 5.57 GHz band. 30 We seek comment on these proposals. 14. In the U. S., Part 15 unlicensed devices including U- NII devices operate on a non- interference basis and do not operate within radio services listed in the Table of Frequency Allocations. Instead, Part 15 devices share spectrum with radio services on the basis that they may not cause any harmful interference and must accept any interference that may be received. Although the WECA petition and comments request an allocation of spectrum for unlicensed U- NII devices, they also request operation under Part 15 of the rules. We thus propose to modify our Part 15 rules to allow U- NII devices to operate in the 5.470- 5.725 GHz band on a non- interference basis, and seek comment on this proposal. We note that WRC- 03 is considering a Mobile allocation for the 5.150- 5.350 GHz and 5.470- 5.725 GHz bands and that some administrations would need a Mobile allocation in the international Table of Frequency Allocations for RLANs or HiperLANs to operate in the bands. Therefore, the U. S. position for WRC- 03 supports adoption of an international Mobile allocation so that these devices may operate throughout the world. 15. Table 1 below summarizes all the allocation proposals herein. We seek comment on these proposed changes to the Table of Frequency Allocations. Commenters are requested to provide a technical analysis to substantiate any claims of interference which may be caused by operations of U- NII devices under these proposed rules. 30 See Proposed § 2.106 Table of Frequency Allocations in Appendix B. 6 Federal Communications Commission FCC 03- 110 7 Table 1: Existing U. S. Allocations and Unlicensed Use vs. Proposals for Realigned Allocations and Unlicensed Use Existing U. S. Allocation and Unlicensed Use Proposed U. S. Allocation and Unlicensed Use Summary of Changes 5150- 5350 MHz No change. 5350- 5460 MHz AERONAUTICAL RADIONAVIGATION 5.449 Federal RADIOLOCATION G56 non- Federal Radiolocation US48 5350- 5460 MHz AERONAUTICAL RADIONAVIGATION 5.449 Federal RADIOLOCATION G56 non- Federal radiolocation Federal SPACE RESEARCH (active) non- Federal space research (active) US48 Additional 110 MHz for Federal (primary) and non- Federal (secondary) SRS (active). 5460- 5470 MHz RADIONAVIGATION 5.449 Federal Radiolocation G56 non- Federal Radiolocation US49 US65 5460- 5470 MHz Federal EARTH EXPLORATION- SATELLITE (active) non- Federal Earth exploration- satellite (active) RADIONAVIGATION 5.449 Federal RADIOLOCATION G56 non- Federal radiolocation Federal SPACE RESEARCH (active) non- Federal space research (active) US49 US65 Additional 10 MHz for Federal (primary) and non- Federal (secondary) EESS (active) and SRS (active). Upgrade 10 MHz for Federal radiolocation to primary status. 5470- 5570 MHz Federal EARTH EXPLORATION- SATELLITE (active) non- Federal Earth exploration- satellite (active) MARITIME RADIONAVIGATION Federal RADIOLOCATION G56 non- Federal RADIOLOCATION Federal SPACE RESEARCH (active) non- Federal space research (active) Part 15 U- NII* US50 US65 Additional 100 MHz for Federal (primary) and non- Federal (secondary) EESS (active) and SRS (active). Upgrade 100 MHz for Federal and non-Federal radiolocation to primary status. Additional 100 MHz for Part 15 U- NII. 5470- 5600 MHz MARITIME RADIONAVIGATION Federal Radiolocation G56 non- Federal Radiolocation US50 US65 5570- 5600 MHz MARITIME RADIONAVIGATION Federal RADIOLOCATION G56 Non- Federal RADIOLOCATION Part 15 U- NII* US50 US65 Upgrade 30 MHz for Federal and non-Federal radiolocation to primary status. Additional 30 MHz for Part 15 U- NII. 5600- 5650 MHz MARITIME RADIONAVIGATION METEOROLOGICAL AIDS Federal Radiolocation US51 G56 non- Federal Radiolocation US51 5.452 US65 5600- 5650 MHz MARITIME RADIONAVIGATION METEOROLOGICAL AIDS Federal RADIOLOCATION US51 G56 non- Federal RADIOLOCATION US51 Part 15 U- NII* 5.452 US65 Upgrade 50 MHz for Federal and non-Federal radiolocation to primary status. Additional 50 MHz for Part 15 U- NII. 5650- 5725 MHz Federal RADIOLOCATION G2 Amateur 5.282 5650- 5725 MHz Federal RADIOLOCATION G2 Amateur Part 15 U- NII* 5.282 Additional 75 MHz for Part 15 U- NII. (* - denotes unlicensed use) 7 Federal Communications Commission FCC 03- 110 8 Proposed Changes to U- NII Rules 16. Technical requirements. Under the existing Part 15 U- NII rules, there are three different frequency sub- bands available to U- NII devices, each with its own set of technical requirements (e. g., transmit power and antenna gain), based on its sharing environment. 31 U- NII devices operating in the 5.150- 5.250 GHz sub- band are restricted to indoor operations and a power limit of 200 mW e. i. r. p. in order to protect co- channel Mobile Satellite Service (MSS) feeder links. 32 Because of the relatively low power limit and indoor usage requirement, this sub- band is most suitable for U- NII devices providing communications links between devices separated by short distances indoors, such as between computing devices within a room or in adjoining rooms. The 5.250- 5.350 GHz sub- band may be used indoors and outdoors and is limited to 1 watt e. i. r. p. This sub- band is shared with the Federal Government Radiolocation Service, Earth Exploration Satellite Service and Space Research Service. This U- NII sub-band is suitable for communications links both within and between buildings such as for campus- wide local area networks. The 5.725- 5. 825 GHz sub- band may be used indoors and outdoors with power levels up to 4 watts e. i. r. p. This U- NII sub- band is shared with Federal Government Radiolocation, Amateur, ISM, and other Part 15 devices and is suitable for communications links within and among buildings and over long distances through use of high- gain antennas. 33 17. Motorola, Agere, Intel, Atheros and other commenters support WECA’s proposal to extend the U- NII rules governing the 5.250- 5.350 GHz band to the new 5.470- 5.725 GHz band. WECA states that the envisioned uses for the proposed U- NII 5.470- 5.725 GHz band are most similar to those in the 5.250- 5.350 GHz sub- band. WECA further states that because MSS feeder links are not present at 5.470- 5.725 GHz, there is no basis for imposing the stricter limits of the 5.15- 5. 25 GHz U- NII sub- band on the proposed new U- NII band. They also state that devices operating in the proposed new U- NII band will not have to contend with overlapping higher- powered ISM uses, and thus the higher limits established for the 5.725- 5.825 GHz U- NII sub- band may inadvertently limit the capacity of RLAN networks by increasing the potential for intraband interference with other U- NII devices. However, Lincom, WCA, Air2LAN, and Airband see a pressing need for more power, especially for point to multipoint applications, and therefore argue that the Commission should apply the requirements of the 5.725- 5.825 GHz sub- band to the new spectrum. 18. Consistent with the agreements cited earlier, we propose to add the 5.470- 5.725 GHz band to the U- NII bands with the same technical requirements that apply to the existing 5.250- 5. 350 GHz U- NII sub- band. This is consistent with the WECA petition and the U. S. position for the upcoming WRC- 03. The Federal Government believes that the power must be limited to 1 watt e. i. r. p. to protect incumbent systems. 34 We also believe that this will best provide for communications among devices within and among buildings where demand is greatest. We expect that the 100 MHz of spectrum that is already available at 5.725- 5.825 GHz will remain sufficient for higher power operations. We note in particular 31 See 47 C. F. R § 15. 407. 32 See 47 C. F. R. Subpart E and Report and Order in ET Docket 96- 102, 12 FCC Rcd 1576 (1997). 33 Amendment of the Commission's Rules to Provide for Operation of Unlicensed NII Devices in the 5 GHz Frequency Range, 47 C. F. R. § 15. 247, which provides for unlicensed frequency hopping and digital transmission devices operating in the 5. 725- 5.850 GHz band. 34 The Federal Government performed an analysis of interference to radiolocation systems based on a maximum transmit power of 1 watt e. i. r. p. There is a direct relationship between the maximum transmit power and the derived DFS thresholds. If higher power were permitted, the DFS levels would need to be reduced as well, which industry has generally found to be unworkable because the DFS mechanism would be so sensitive to stray radio noise that it would effectively prevent access to the spectrum. 8 Federal Communications Commission FCC 03- 110 9 that operations over longer distances employ directional antennas that allow for high reuse and sharing of the spectrum, which mitigates the need for additional spectrum for these types of operations. We seek comment on this analysis. 19. ARRL argues that WECA, in its petition, has not demonstrated that U- NII devices operating in the 5.650- 5.725 GHz band will avoid causing interference to the Amateur Radio service, which operates on a secondary basis in this band. 35 Our review of ARRL’s web site indicates that amateur use of this band is limited to propagation beacons and possibly some limited satellite use. Roeder comments that there is little ready made Amateur equipment for this band and that there are only a few rare mountain top users of this band. 36 We observe that amateurs already share the 5.725- 5.825 GHz band with U- NII devices and we are unaware of any complaints of interference. Further, as noted below, we are proposing to permit a lower e. i. r. p. for U- NII devices operating in the 5.470- 5.725 GHz band (i. e., 1 watt e. i. r. p.) than for the existing 5.725- 5.825 GHz band (i. e., 4 watts e. i. r. p.). Therefore, we believe that U- NII devices can operate in 5.650- 5.725 GHz band without causing interference. Finally, U- NII devices in this band would continue to operate under Part 15 of our rules and would be required to eliminate any harmful interference that may occur to the Amateur Radio service. We tentatively conclude that the proposals herein are adequate to protect the Amateur Radio service from interference. We seek comment on this tentative conclusion. 20. In addition to applying the existing technical requirements for the 5.250- 5.350 GHz sub- band to the new 5.470- 5.725 GHz band, to ensure protection to existing vital DoD radar operations, we are proposing that U- NII devices operating in both the existing 5.250- 5.350 GHz sub- band and the new 5.470- 5.725 GHz sub- band employ a listen- before- talk mechanism called dynamic frequency selection (DFS). DFS is an interference avoidance mechanism. Prior to the start of any transmissions, and through constant monitoring, the device (e. g., RLAN) equipped with such a mechanism monitors the radio environment for a radar’s presence. If the U- NII device determines that a radar is present, it either moves to another channel or enters a sleep mode if no channels are available. We propose that U- NII devices be required to continuously monitor their environment for the presence of radars both prior to and during operation. 37 The proposed rules contained in Appendix B include detailed specifications for DFS. DoD concurs that the use of DFS at the thresholds proposed will provide the necessary protection for its vital radar systems. 38 21. The DFS mechanism detects a radar signal above a minimum DFS detection threshold of –62 dBm for devices with a maximum e. i. r. p. less than 200 mW and –64 dBm for devices with a maximum e. i. r. p. between 200 mW and 1 W averaged over 1 µs. The DFS detection threshold is defined as the received signal strength (RSS) in dBm (or some other metric of received signal format), referenced to the output of a 0 dBi receive antenna. These signal levels are referenced to a 1 MHz bandwidth. There is no bandwidth correction factor involved if the receive bandwidth of the U- NII device is greater than 1 MHz (i. e., radar’s signal bandwidth). However, if the RSS is to be measured correctly by a U- NII device having a receive bandwidth less than 1 MHz, a bandwidth correction factor must be taken into account. We seek comment on whether 10* Log (BW/ 1MHz) (where BW is the U- NII device’s bandwidth) should be used as the appropriate correction factor for U- NII devices that have a bandwidth less than 1 MHz. 22. For systems, where multiple devices operate under a central controller, we propose that only 35 See ARRL comments at 8. 36 See Konrad Roeder comments at 1. 37 IEEE website: IEEE802. org (P802.11h/ d3.3) 38 See WRC- 03 Agreement. 9 Federal Communications Commission FCC 03- 110 10 the central controller be required to have DFS capability. We recognize that there may be devices or architectures developed, where remote devices are not under the control of a master device. We seek comment on requiring such devices to have DFS. We also invite comment on how to identify remote units that operate only under the control of a central controller. 23. The U- NII device's ability to reliably detect a radar's presence in the channel depends greatly on the pulse characteristics of the radar. The time for which the radar occupies the U- NII channel (dwell time) also influences the detection probability. The problem arises when the dwell time is very short as is the case for frequency hopping radars. In this case, the subject radar signal is characterized as a receive signal strength (RSS) equal to or greater than the DFS detection threshold level within the U- NII device's channel bandwidth (e. g., typically 18 MHz for devices operating under IEEE 802.11( a)). The radar signal has a bandwidth of 1 MHz and a pulse repetition rate (PRR) in the range 200- 4000 pulses/ s, where the nominal pulse width is in the range of 1 to 20 microseconds. We seek comment on the minimum number of pulses and the observation time required for reliable detection. 24. We are also proposing to require a transmit power control (TPC) mechanism in the 5.470- 5.725 GHz band to further reduce the potential for impact on EESS and SRS operations. TPC is a feature intended to adjust the transmitter’s output power based on the signal level at the receiver. TPC will allow the transmitter to operate at less than the maximum power for most of the time. As the signal level at the receiver rises or falls, the transmit power will be decreased or increased as needed. Because TPC equipped devices adjust their transmit power to the minimum necessary to achieve the desired performance, the average interference power from a large number of devices is reduced, the power consumption is minimized and network capacity is increased. Consistent with the U. S. proposals to the WRC- 03, we are proposing that U- NII devices employ a TPC mechanism that will ensure a 6 dB drop in power when triggered. We seek comment on what the appropriate triggering mechanism will be. For example, should TPC seek to keep a receiver parameter such as received signal strength, bit error rate, or block error rate below a certain threshold? How long will a pair of U- NII devices have to adjust their link powers? Will it be necessary to require U- NII devices to employ TPC if their maximum power is 3 dB or more below the maximum permitted under the rules? How should TPC be applied to system configurations where multiple devices may operate under the control of a central device. 25. Test procedures. We seek comment on appropriate test procedures needed to ensure compliance with the DFS and TPC requirements proposed in this proceeding. We note that the operational requirements for DFS are well defined in the applicable industry standards. 39 We observe that while TPC has been agreed to as a general requirement, its operational details are still under development. Therefore, we particularly seek comment on the means by which devices can be tested for compliance with TPC requirements to implement reduced power without placing unnecessary restrictions on device design. We also seek comment on the extent to which devices under development that may have unique or novel transmission waveforms may require special measurement instrumentation settings (e. g., integration times) that differ from those used for measuring compliance for existing U- NII band devices. 26. Transition period for U- NII equipment operating in the 5.250- 5.350 GHz band. U- NII devices currently operate in this band without DFS capability. As a result, we recognize that some period of time will be needed to implement the new DFS requirement for U- NII equipment operating in the 5.250- 5.350 GHz band. We propose that the DFS requirement for the 5.250- 5.350 GHz band effective for U- NII equipment that is certified after one year from the date of publication of the Report and Order in this proceeding in the Federal Register. We believe that this should be sufficient time for equipment 39 IEEE website: IEEE802. org (P802. 11h/ 3. 3) 10 Federal Communications Commission FCC 03- 110 11 manufacturers to incorporate DFS into their new designs. We also propose to require that all U- NII devices operating in the 5.250- 5.350 GHz band that are imported or shipped in interstate commerce on or after two years from the date of publication in the Federal Register comply with these standards. We believe that most affected products will be redesigned within this three- year time frame and that compliance with this proposal would not cause an unreasonable burden on industry. Comments are requested on these proposed transition provisions. We are proposing to require that U- NII equipment operating in the new spectrum at 5.470– 5.725 GHz meet all the technical requirements, including DFS and TPC, on the effective date of these rules. CONCLUSION 27. In this Notice of Proposed Rulemaking, we propose to amend the regulations to add 255 MHz to the 300 MHz of spectrum that is already available for U- NII devices in the 5 GHz region of the spectrum. We anticipate that this 80% increase in available spectrum for unlicensed devices at 5 GHz will provide increased opportunity for the development and deployment of a wide variety of unlicensed wireless devices, and in particular for broadband wireless devices. The proposals in this Notice respond to a petition from WECA and are consistent with the United States position for the upcoming WRC. We also propose technical rules that we believe will protect all incumbent radio services, both Government and non- Government, against harmful interference. We request comments on these proposals. PROCEDURAL MATTERS Initial Regulatory Flexibility Analysis 28. As required by Section 603 of the Regulatory Flexibility Act, 5 U. S. C. § 603, the Commission has prepared an Initial Regulatory Flexibility Analysis (" IRFA") of the possible significant economic impact on small entities of the proposals suggested in this document. The IRFA is set forth in Appendix A. Written public comments are requested on the IRFA. These comments must be filed in accordance with the same filing deadlines as comments filed in this Notice of Proposed Rule Making. Comments must have a separate and distinct heading designating them as responses to the IRFA. Initial Paperwork Reduction Act of 1995 Analysis 29. This Notice contains a proposed information collection subject to the Paperwork Reduction Act of 1995 (PRA). As part of its continuing effort to reduce paperwork burdens, we invite the general public and the Office of Management and Budget (" OMB") to take this opportunity to comment on the information collections contained in this Notice, as required by the Paperwork Reduction Act of 1995, Public Law 104- 13. Public and agency comments are due at the same time as other comments on this Notice. 30. In addition to filing comments with the Secretary, a copy of any comments on the information collection( s) contained herein should be submitted to Judith B. Herman, Federal Communications Commission, Room 1- C804, 445 12th Street, SW, Washington, DC 20554, or via the Internet to jboley@ fcc. gov and to Kim Johnson, OMB Desk Officer, Room 10236, 725 17th Street, NW, Washington, DC 20503 or via the Internet to Kim A. Johnson@ omb. eop. gov. 11 Federal Communications Commission FCC 03- 110 12 A. Ex Parte Rules - - Permit- But- Disclose Proceeding. 31. This is a permit- but- disclose notice and comment rule making proceeding. Ex parte presentations are permitted, except during the Sunshine Agenda period, provided they are disclosed as provided in the Commission's rules. See generally 47 C. F. R. §§ 1. 1202, 1.1203, and 1.2306( a). B. Comments 32. Pursuant to Sections 1.415 and 1.419 of the Commission's rules, 47 C. F. R. §§ 1.415 and 1.419, interested parties may file comments on or before [120 days from date of publication in the Federal Register] and reply comments on or before [150 days from date of publication in the Federal Register]. Comments may be filed using the Commission's Electronic Comment Filing System (" ECFS"), http:// www. fcc. gov/ e- file/ ecfs. html, or by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 23,121 (1998). 33. Comments filed through the ECFS can be sent as an electronic file via the Internet to http:// www. fcc. gov/ e- file/ ecfs. html. Generally, only one copy of an electronic submission must be filed. If multiple docket or rulemaking numbers appear in the caption of this proceeding, however, commenters must transmit one electronic copy of the comments to each docket or rulemaking number referenced in the caption. In completing the transmittal screen, commenters should include their full name, U. S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e- mail. To get filing instructions for e- mail comments, commenters should send an e- mail to ecfs@ fcc. gov, and should include the following words in the body of the message, “get form