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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules
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short-range radar applications without application restriction on operating environments, i.e., they may operate indoors or outdoors, in fixed or mobile applications, and be incorporated into any device, e.g., personal safety, industrial and consumer robotics, home/transportation automation e.g., autonomous vehicles, environmental control, health care monitoring.
Specifically, the NPRM: 1 Proposes to permit field disturbance sensors in the 5764 GHz band to operate with up to 20 dBm average EIRP, 10 dBm transmitter conducted output power, 13
dBm/MHz average EIRP power spectral density and a 10% duty cycle in every 33 millisecond ms interval; 2
investigates the potential for mobile FDS devices to operate in the 61.061.5
GHz band at the same 40 dBm EIRP at which fixed FDS devices currently are permitted to operate; 3 ask whether the Commission could permit radar devices that incorporate listen-before-talk, spectrum sensing, or other methods of co-existence, to operate across the entire 5771 GHz band at the same power level i.e., 40 dBm EIRP as currently is permitted for 60 GHz communication devices; and 4 ask whether any of the provisions proposed for FDS operation should be more broadly applied to all Part 15 devices operating in the 5771
GHz band.
Most RF transmitting equipment, including 60 GHz devices, must be authorized through the certification procedure. Certification is an equipment authorization issued by a designated Telecommunication Certification Body TCB based on an application and test data submitted by the responsible party e.g., the manufacturer or importer.13
Existing FDS devices operating under section 15.255 of the Commissions rules are already subject to the Certification procedure. The NPRM does not propose to change the authorization procedure for 60 GHz devices, but it does seek comment on methodologies for performing tests to obtain the data necessary to demonstrate compliance with the technical requirements for the types of radars anticipated to operate under the modified rules. In addition, the NPRM proposes to exempt frequency-modulated continuous wave and other swept frequency radars from 13 47

CFR 2.907. The Commission or a TCB may test a sample of a device to verify that it complies with the rules before granting approval for the equipment to be marketed. Examples of devices subject to certification include, but are not limited to, mobile phones; wireless local area networking equipment, remote control transmitters; land mobile radio transmitters; wireless medical telemetry transmitters; cordless telephones; and walkie-talkies.

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the section 15.31c requirement to stop the frequency sweep when measuring the relevant technical parameters; 14 2
remove the section 15.255c4
requirement to use an RF detector with a detection bandwidth that encompasses the 5771 GHz frequency range for performing peak power measurements; 15 and 3 not apply the provision of section 15.35c that requires calculating average field strength over a complete pulse train or 100 milliseconds to pulsed or burst radars that operate in the 60 GHz band.16
E. Steps Taken To Minimize the Significant Economic Impact on Small Entities, and Significant Alternatives Considered The RFA requires an agency to describe any significant, specifically small business, alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives among others: 1 the establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; 2 the clarification, consolidation, or simplification of compliance and reporting requirements under the rule for such small entities;
3 the use of performance rather than design standards; and 4 an exemption from coverage of the rule, or any part thereof, for such small entities. 17
The rule changes proposed in the NPRM for higher power to field disturbance sensors and radars would provide greater flexibility to 60 GHz device operations. As these proposed changes provide greater flexibility, the Commission does not believe they will have a significant negative impact on small entities. In fact, the proposed rules could benefit small entities. As operation of 60 GHz devices do not require a license, small entities are able to operate 60 GHz devices without the cost or inconvenience of obtaining a license. In addition, the proposed rules partly align the technical parameters for FDS/radar devices with international standards, which could save cost to small entities who would now be able to avoid having to create region-specific product designs.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rules None.
14 47

CFR 15.31c.
CFR 15.255c4.
16 47 CFR 15.35c.
17 5 U.S.C. 603c1c4.
15 47

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Ordering Clauses. It is ordered, pursuant to the authority found in sections 4i, 201, 302, and 303 of the Communications Act of 1934, as amended, 47 U.S.C. 154i, 201, 302a, 303, and 1.407 and 1.411 of the Commissions rules, 47 CFR 1.407 and 1.411, that this Notice of Proposed Rulemaking is adopted, as set forth above.
It is further ordered that the Commissions Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Notice of Proposed Rulemaking, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 15
Communications equipment.
Federal Communications Commission.
Marlene Dortch, Secretary.

Proposed Rules For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR
part 15 as follows:
PART 15RADIO FREQUENCY
DEVICES
1. The authority citation for part 15
continues to read as follows:

Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a, and 549.

2. Section 15.31 is amended by revising paragraph c to read as follows:

15.31

Measurement standards.

c Except as otherwise indicated in 15.255 and 15.256, for swept frequency equipment, measurements shall be made with the frequency sweep stopped at those frequencies chosen for the measurements to be reported.

3. Section 15.35 is amended by revising paragraph c to read as follows:
15.35 Measurement detector functions and bandwidths.

c Unless otherwise specified, e.g., 15.255c, and 15.256l5, when the radiated emission limits are expressed in terms of the average value of the emission, and pulsed operation is employed, the measurement field strength shall be determined by averaging over one complete pulse train, including blanking intervals, as long as the pulse train does not exceed 0.1
seconds. As an alternative provided the
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