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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules
existing Part 15 definitions should also address whether such modifications would require adjustments elsewhere in the rules.
As noted above, a number of parties have been granted waiver of certain provisions of 15.255 to permit operation of innovative radar devices in the 60 GHz band. To the extent the Commission modifies its rules in this proceeding to expand unlicensed FDS
device operations in the 60 GHz band, the Commission expects that all future 60 GHz FDS operations would be conducted subject to the Commissions modified rules. Accordingly, the Commission proposes that if the Commission adopts such modifications to the Commissions rules in this proceeding, the previously granted 60
GHz FDS waivers would be terminated and FDS device manufacturers would be expected to conform their operations to the Commissions rules as revised. The Commission seeks comment on this proposal.
The Commission first proposes to modify 15.255 of the Commissions rules to afford greater opportunities for fixed and mobile FDS devices operating in the 5764 GHz portion of the 60 GHz band. The extensive analysis that has accompanied the multiple waiver requests that have been submitted to the Commission, the widespread consumer use of Googles Soli-equipped devices without reported cases of harmful interference and the ongoing efforts of the industry and standards groups to identify model coexistence practices for unlicensed users gives us confidence that there is now sufficient information for us to build a record to expand unlicensed mobile radar use beyond the toehold the Commission first provided in 2016 and the narrow waivers that have been issued to date. The Commissions baseline proposals draw from the technical and operating conditions incorporated into the waivers granted to Google for its Soli device and to automobile manufacturers and suppliers for in-cabin radars to detect children left in cars, with additional modifications to account for harmonization with international provisions governing operation in the band.
As discussed below, the Commission proposes to: Focus device operation to the 5764 GHz portion of the 60 GHz band; allow operations at higher power levels than were permitted in the waivers but consistent with the wellestablished ETSI standards; and require a duty cycle that is consistent with what was established in the Google waiver, with the possibility of mandating a minimum off-time between cycles.

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Based on the Commissions review of the multiple waiver requests that pertain to FDS use of the 60 GHz band, parties designing and manufacturing radars to operate in the 60 GHz band have proposed to restrict their spectrum usage to frequencies below 64 GHz constituting the 6064 GHz or 5764
GHz band segments, depending on the filing, although 15.255 permits operation across the 5771 GHz band for fixed FDS and SRIMS devices such as the Google Soli. The Commission surmises that the requests seek to limit operation to the lower portion of the 57
71 GHz band to align operations and devices with international standards such as the European ETSI Harmonized Standard EN 305 550 that restrict shortrange devices, e.g., radars, to the 5764
GHz band. The Commission seeks comment on this assumption.
The Commission notes that a proposal has been submitted to IEEE 802.11 to define a channel access protocol to enable the same 60 GHz systems to transmit signals that can be used both for communications and radar purposes to be decoded by a similar system at the receiving end. Equipment designs for 60
GHz transmitters are thus considering radar transmissions alongside communication transmissions in the same transmitter or chip. While the IEEE efforts in this area may be considering the entire 5771 GHz band, the Commission proposes to limit operation of FDS devices operating under the Commissions proposed higher power limits 20 dBm EIRP to the 5764 GHz band. As discussed above, limiting the Commissions proposal in this way provides for devices that are consistent with the international standards, which only specify FDS operation in the 5764 GHz band. The Commission seeks comment on this proposal. Would limiting operation of higher power FDS devices to the 5764 GHz band benefit 60 GHz WLAN systems operating in close proximity to FDS devices by leaving the 6471 GHz band clear of higher power FDS operations? The Commission seeks comment on whether, alternatively, the Commission should allow the proposed FDS operation across all of the 5771
GHz band or some other segment of the band. If the Commission were to allow the proposed FDS operation across the entire 5771 GHz frequency range under the proposed requirements discussed belowwhich include a duty cycle limitshould the Commission remove the current provision that permits operation in this band at 10 dBm EIRP
with no duty cycle limit? Should the Commission modify the Commissions
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rules in any other respect? The Commission also seeks comment on the benefits or costs of these proposed changes with respect to 60 GHz authorized users. Parties that oppose these proposed rules should cite specific harms that they believe would result from changing the rules.
EIRP Limits. The current rules permit FDS devices to operate at a maximum 10 dBm EIRP. All of the waiver requests the Commission received requested a maximum of 13 dBm EIRP to provide greater accuracy and finer resolution imaging. Subsequent waiver requests to Googles waiver described the intended target detection to be either in the submillimeter range such as the breathing patterns of a child in a car seat, or as in the case of Leica Geosystems AG, thin cables as small as 2.5 mm in diameter;
thus, requesters argue that 60 GHz FDS
devices need higher power than specified in the rules, because the existing power levels do not allow the devices to provide the necessary accuracy in detection of small-size targets due to poor signal-to-noise ratio.
The Commission proposes to allow FDS devices to operate at no more than 20 dBm average EIRP. This proposed EIRP limit is higher than the level requested in the multiple waivers that the Commission received; however, it is consistent with ETSI EN 305 550. The Commission believes this EIRP level will promote additional growth for new FDS applications beyond those anticipated to be deployed under the Commissions issued and pending waiver requests. The Commission also believes that harmonization with other regions will likely increase efficiency for American manufacturers by reducing design and manufacturing costs. The Commission further believes that this EIRP limit will not cause harmful interference to authorized services in the band. These radars will operate at a comparatively much lower EIRP level than what is already permitted for communication devices indoors and outdoors in the same frequency band.
Communication devices such as 60 GHz WLAN devices can operate at up to 40
dBm EIRP, as compared to the 20 dBm EIRP limit that the Commission is proposing for radars. The Commission notes that a WLAN device may already have to operate in the presence of signals from neighboring WLAN devices and other Part 15 devices operating at similar power levels; thus the proposed lower EIRP limit for FDS devices should have little or no effect on the operational environment that WLAN
devices can expect under the Commissions rules. The Commission also observes that 60 GHz WLAN

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