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Amendment Rules to Permit Radiolocation Operations in 78-81 GHZ Band

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Released: March 31, 2014

Federal Communications Commission

Washington, D.C. 20554
March 31, 2014

DA 14-433

Small Entity Compliance Guide

REPORT AND ORDER

Amendment of the Commission’s Rules to Permit Radiolocation Operations in

the 78-81 GHz Band
FCC 13-95
WP Docket No. 11-202

This Guide is prepared in accordance with the requirements of Section 212 of
the Small Business Regulatory Enforcement Fairness Act of 1996. It is intended
to help small entities—small businesses, small organizations (non-profits), and
small governmental jurisdictions—comply with the new rules adopted in the
above-referenced FCC rulemaking docket(s). This Guide is not intended to
replace the rules and, therefore, final authority rests solely with the rules.
Although we have attempted to cover all parts of the rules that might be
especially important to small entities, the coverage may not be exhaustive. This
Guide may, perhaps, not apply in a particular situation based upon the
circumstances, and the FCC retains the discretion to adopt approaches on a
case-by-case basis that may differ from this Guide, where appropriate. Any
decisions regarding a particular small entity will be based on the statute and
regulations.

In any civil or administrative action against a small entity for a violation of
rules, the content of the Small Entity Compliance Guide may be considered as
evidence of the reasonableness or appropriateness of proposed fines, penalties or
damages. Interested parties are free to file comments regarding this Guide and
the appropriateness of its application to a particular situation; the FCC will
consider whether the recommendations or interpretations in the Guide are
appropriate in that situation. The FCC may decide to revise this Guide without
public notice to reflect changes in the FCC’s approach to implementing a rule,
or to clarify or update the text of the Guide. Direct your comments and
recommendations, or calls for further assistance, to the FCC’s Consumer
Center:

1-888-CALL-FCC (1-888-225-5322)

TTY: 1-888-TELL-FCC (1-888-835-5322)

Fax: 1-866-418-0232

fccinfo@fcc.gov

TABLE OF CONTENTS

I.

OBJECTIVES OF THE PROCEEDING........................................................................................... 3
II. REGULATIONS AND POLICIES THAT THE COMMISSION ADOPTED OR

MODIFIED, INCLUDING COMPLIANCE REQUIREMENTS.................................................... 3

III. RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS..................................... 4
IV. WEBLINK............................................................................................................................................. 4


2

I.

OBJECTIVES OF THE PROCEEDING

In the Report and Order in WT Docket No. 11-202, the Commission amended the rules to permit
the certification, licensing, and use of foreign object debris (FOD) detection radar equipment in the 78-81
GHz band. FOD includes any substance, debris, or object in a location that can damage aircraft or
equipment, can seriously threaten the safety of airport personnel and airline passengers and have a
negative impact on airport logistics and operations. The presence of FOD on airport runways, taxiways,
aprons, and ramps poses a significant threat to the safety of air travel. The use of FOD technology will be
a critical tool in the detection of FOD at airports.

II.

REGULATIONS AND POLICIES THAT THE COMMISSION ADOPTED OR
MODIFIED, INCLUDING COMPLIANCE REQUIREMENTS

In the Report and Order the Commission took the following actions:
·
Amended Subpart F of Part 90 of the Commission’s Rules to permit only FOD detection
radar to be authorized in the 78-81 GHz band, and only on a licensed basis.1
·
Stated that the waiver it granted to Trex Enterprises Corporation (Trex) in the Notice of
Proposed Rulemaking in this proceeding,2 to permit certification, manufacture, and
licensing of its FOD detection radar equipment pending the resolution of its petition for
rulemaking, will terminate as of the effective date of the final rules adopted in the Report
and Order
. Licensees operating pursuant to the waiver must thereafter comply with the
rules adopted in this proceeding. Any equipment approval that was granted pursuant to
the waiver will remain valid.
FOD detection radar equipment will be authorized on a licensed basis under Part 90 of the
Commission’s rules on the condition that the main beamwidth of the antenna (azimuth or elevation) does
not illuminate a public roadway near the airport. Applications will be considered and authorized on a
case-by-case basis, and will be coordinated with the National Telecommunications and Information
Administration’s Interdepartment Radio Advisory Committee. The Commission will consider the
technical parameters required under the Trex waiver when authorizing FOD equipment and also will
accept applications for equipment authorization for devices using similar or more conservative parameters
than those specified in that waiver.3 Any request for equipment authorization of devices with parameters
that, in the Commission’s evaluation, may be considered to cause more interference as compared with the
technical parameters in that waiver will be reviewed on a case-by-case basis.


1 See 47 C.F.R. § 90.103.
2 Amendment of the Commission’s Rules to Permit Radiolocation Operations in the 78-81 GHz Band, Notice of
Proposed Rule Making and Order
, WT Docket 11-202, 26 FCC Rcd 17476, 17481 ¶ 18 (2011) (NPRM).
3 Those parameters are as follows: transmit power – 100 mW; antenna gain – 45 dBi; system effective isotropic
radiated power – 35 dBw; transmit polarization – vertical; 3 dB transmit beamwidth – 1 deg (el) x 0.4 deg (az);
FMCW Chirp (el scan) reception rate – 139.5 Hz. See NPRM, 26 FCC Rcd at 17481 ¶ 18; Letter dated Aug. 20,
2012 from Scot Stone, Deputy Chief, Mobility Division, Wireless Telecommunications Bureau to Randall W. Sifers,
counsel for Trex.
3

III.

RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS

There are no projected reporting, recordkeeping or other compliance requirements. The
Commission believes that the changes adopted in the Report and Order will promote flexibility and more
efficient use of the spectrum, allow licensees to better meet their communication needs, and allow the
certification, licensing, and use of foreign object debris detection radar in the 78-81 GHz band.
For details of other compliance requirements refer to the Report and Order.

IV.

WEBLINK

The Report and Order, FCC 13-95, was adopted on July 10, 2013 and released on July 11, 2013.
Final rules adopted in the Report and Order are effective on August 26, 2013, thirty days after publication
of the Report and Order in the Federal Register.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-13-95A1.doc">http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-13-95A1.doc
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-13-95A1.pdf">http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-13-95A1.pdf
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-13-95A1.txt">http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-13-95A1.txt
4

Document Outline


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