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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS1

memoranda, or other filings specifying the relevant page and/or paragraph numbers where such data or arguments can be found in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with 1.1206b of the rules. In proceedings governed by 1.49f of the rules or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format e.g., .doc, .xml, .ppt, searchable .pdf. Participants in this proceeding should familiarize themselves with the Commissions ex parte rules.
Additional Information. For additional information on this proceeding, contact Anh T. Wride, anh.wride@fcc.gov, 202 4180577, Office of Engineering and Technology, Technical Rules Branch; or Thomas Struble at 202 4182470 or Thomas.Struble@fcc.gov, Office of Engineering and Technology, Office of the Chief Engineer.
Initial Regulatory Flexibility Analysis.
As required by the Regulatory Flexibility Act of 1980, as amended RFA,1 the Commission has prepared this present Initial Regulatory Flexibility Analysis IRFA of the possible significant economic impact on a substantial number of small entities by the policies and rules proposed in this Notice of Proposed Rule Making NPRM. Written public comments are requested on this IRFA. Comments must be identified as responses to the IRFA
and must be filed by the deadlines for comments on the NPRM provided in the item. The Commission will send a copy of the NPRM, including this IRFA, to the Chief Counsel for Advocacy of the Small Business Administration SBA.2 In addition, the NPRM and IRFA or summaries thereof will be published in the Federal Register.3
A. Need for, and Objectives of, the Proposed Rules The NPRM addresses issues raised in multiple waiver requests by various field disturbance sensor FDS/radar manufacturers and is partly in response 1 5 U.S.C. 603. The RFA, 5 U.S.C. 601612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 SBREFA, Public Law 104121, Title II, 110 Stat. 857 1996.
2 5 U.S.C. 603a.
3 Id.

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to a recommendation from the Technical Advisory Committee TAC
that the Commission modify the rules for unlicensed 60 GHz devices in a number of respects. The TAC
recommends that the FCC initiates a rulemaking proceeding addressing potential areas of concern in the 60 GHz band by requesting comment and response to the following questions: 1
Should FCC rules allow greater radiated power for radar applications than currently permitted?; 2 Should the parameters for Google Soli, for which other entities have filed me-too requests, be included in the rules?; 3
What changes to the recent waiver parameters are needed to improve sharing with communications applications?; 4 Should the FCC
require 60 GHz communication applications and radar applications to use a contention-based protocol?; and 5 Should radar applications that perform listen-before-talk be allowed to use the same power levels as communications applications in this band?
B. Legal Basis The proposed action is taken pursuant to sections 4i, 201, 302, and 303 of the Communications Act of 1934, as amended, 47 U.S.C. 154i, 201, 302a, 303.
C. Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply The RFA directs agencies to provide a description of, and where feasible, an estimate of the number of small entities that may be affected by the proposed rules, if adopted.4 The RFA generally defines the term small entity as having the same meaning as the terms small business, small organization, and small governmental jurisdiction. 5
In addition, the term small business has the same meaning as the term small business concern under the Small Business Act.6 A small business concern is one which: 1 Is independently owned and operated; 2
is not dominant in its field of operation;
and 3 satisfies any additional criteria 45

U.S.C. 603b3.
U.S.C. 6016.
6 5 U.S.C. 6013 incorporating by reference the definition of small-business concern in the Small Business Act, 15 U.S.C. 632. Pursuant to 5 U.S.C.
6013, the statutory definition of a small business applies unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definitions in the Federal Register..
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established by the Small Business Administration SBA.7
Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing. The proposed rules pertain to manufacturers of unlicensed communications devices.
The appropriate small business size standard is that which the SBA has established for radio and television broadcasting and wireless communications equipment manufacturing. This industry comprises establishments primarily engaged in manufacturing radio and television broadcast and wireless communications equipment.8 Examples of products made by these establishments are:
Transmitting and receiving antennas, cable television equipment, GPS
equipment, pagers, cellular phones, mobile communications equipment, and radio and television studio and broadcasting equipment.9 The SBA has established a small business size standard for this industry of 1,250
employees or less.10 U.S. Census Bureau data for 2012 show that 841
establishments operated in this industry in that year.11 Of that number, 828
establishments operated with fewer than 1,000 employees, 7 establishments operated with between 1,000 and 2,499
employees and 6 establishments operated with 2,500 or more employees.12 Based on this data, we conclude that a majority of manufacturers in this industry are small.
D. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements for Small Entities Unlicensed 60 GHz devices operating in the 5771 GHz frequency band are regulated under section 15.255 of the Commissions rules. The proposed rules in this NPRM pertain to field disturbance sensors i.e., radar devices that may be fixed or mobile. The proposed rules increase the allowable transmitted power levels to promote 7 15

U.S.C. 632.
U.S. Census Bureau, 2017 NAICS Definition, 334220 Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing, https www.census.gov/naics/
?input=334220&year=2017&details=334220.
9 Id.
10 See 13 CFR 121.201, NAICS Code 334220.
11 See U.S. Census Bureau, 2012 Economic Census of the United States, Table ID: EC1231SG2, Manufacturing: Summary Series: General Summary: Industry Statistics for Subsectors and Industries by Employment Size: 2012, NAICS Code 334220, https data.census.gov/cedsci/table?text=
EC1231SG2&n=334220&tid=ECNSIZE2012.
EC1231SG2&hidePreview=false.
12 Id. The available U.S. Census Bureau data does not provide a more precise estimate of the number of firms that meet the SBA size standard.
8 See
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