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Part 15 Rules for Unlicensed Operation in the 57-64 GHz Band

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Released: August 9, 2013

Federal Communications Commission

FCC 13-112

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Revision of Part 15 of the Commission's Rules
)
ET Docket No. 07-113
Regarding Operation in the 57-64 GHz Band
)
RM-11104
)

REPORT AND ORDER

Adopted: August 9, 2013

Released: August 9, 2013
By the Commission: Acting Chairwoman Clyburn and Commissioners Rosenworcel and Pai issuing
separate statements.

I.

INTRODUCTION

1.
By this action, the Commission modifies Part 15 of its rules for intentional radiators
operating on an unlicensed basis in the 57-64 GHz frequency range (60 GHz). As discussed in detail
below, we are modifying our rules to: 1) allow higher emission limits for 60 GHz devices that operate
outdoors with very high gain antennas to encourage broader deployment of point-to-point broadband
systems; 2) specify the emission limit for all 60 GHz devices as an EIRP power level to promote
repeatability of measurement data and provide uniformity and consistency in the rules; and 3) eliminate
the requirement for certain 60 GHz devices to transmit identification information (transmitter ID). The
amended rules will allow longer communication distances for unlicensed 60 GHz point-to-point systems
that operate outdoors and thereby extend the ability of such systems to provide broadband service,
particularly to office buildings and other commercial facilities. We believe that the enhanced 60 GHz
systems that will be allowed by these rule changes will help the Commission fulfill its objectives to bring
broadband access to every American by providing additional competition in the broadband market,
lowering costs for small business owners accessing broadband services, and supporting the deployment of
4th generation (4G) and other wireless services in densely populated areas.1

II.

BACKGROUND

2.
The 60 GHz band is part of the spectrum often termed the "millimeter wave" bands.2
The propagation range of millimeter wave radio signals, and in particular signals at frequencies around
60 GHz, is much more limited than that of radio signals at lower frequencies, as the higher frequency
signals are significantly affected by the presence of oxygen and water vapor within the atmosphere.3

1 In 2009, Congress directed the Commission to develop a National Broadband Plan to ensure every American has
"access to broadband capability." See American Recovery and Reinvestment Act of 2009, Pub. L No. 111-5,
123 Stat. 115 (2009); see also, A National Broadband Plan for Our Future in GN Docket No. 09-51, Report and
Order
, 26 FCC Rcd. 11819 (2011).
2 The term "millimeter wave" is taken from the fact that the wavelength of radio signals for frequencies between
30 GHz and 300 GHz ranges from 10 millimeters down to 1 millimeter. Wavelength, , in meters, is calculated by
the formula = C / F, where C is the speed of light (i.e., 3 x 108 meter/second) and F is the frequency in Hertz.
3 See Attenuation by Atmospheric Gases, International Telecommunications Union, Reports of the CCIR, 1990,
Vol. V, Report 719-3, at p. 189. See also OET Bulletin 70, Millimeter Wave Propagation: Spectrum Management
(continued....)

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FCC 13-112

Absorption and scattering caused by oxygen and water vapor at frequencies around 60 GHz limit the
useful range of transmissions to a couple of kilometers.4 In 1995, the Commission determined that these
attenuating factors, which limit the potential for interference, make the 60 GHz band particularly suited
for general unlicensed devices.5
3.
The 60 GHz band is allocated on a co-primary basis to the Federal Mobile, Fixed, Inter-
Satellite and Radiolocation services; and to non-Federal Fixed, Mobile and Radiolocation services.6
Currently there are very few licensed Federal and non-Federal services operating in the 60 GHz band.
Under Part 18 of the rules, industrial, scientific and medical (ISM) equipment may also operate in the
60 GHz band at 61.25 GHz + 250 MHz.7
4.
Part 15 of the Commission's regulations permits the operation of radio frequency (RF)
devices without an individual license from the Commission or the need for frequency coordination.8 The
technical standards contained in Part 15 are designed to ensure that there is a low probability that such
devices will cause harmful interference to other users of the radio spectrum.9 Unlicensed operation within
the 60 GHz band is permitted under Section 15.255 of the rules.10 Any type of unlicensed operation
within the 60 GHz band is permitted under these rules, with the exception of operation onboard aircraft or
a satellite. Except for fixed field disturbance sensors,11 the rules limit the average power density of any
emission in this band to 9 W/cm2 and the peak power density to 18 W/cm2, measured at a distance of
3 meters from the radiating structure.12 These average and peak power density limits are equivalent to
average and peak EIRP limits of 10 W (40 dBm) and 20 W (43 dBm), respectively.13 The rules also limit

(...continued from previous page)
Implications, July 1997, at
http://www.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet70/oet70.pdf.
4 OET Bulletin 70, Millimeter Wave Propagation: Spectrum Management Implications, July 1997, at
http://www.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet70/oet70.pdf, at p. 7.
5 Amendment of Parts 2, 15 and 97 of the Commission's Rules to Permit Use of Radio Frequencies Above 40 GHz
for New Radio Applications, First Report and Order and Second Notice of Proposed Rule Making
, ET Docket No.
94-124 (First R&O/Second NPRM in ET Docket No. 94-124), 11 FCC Rcd. 4481, 4496 (1995) at para. 33.
6 47 C.F.R. 2.106.
7 47 C.F.R. 2.106 note 5.138, 18.111 et seq.
8 47 C.F.R. 15.1 et seq.
9 The primary operating conditions under Part 15 are that the operator of a Part 15 device must accept whatever
interference is received and must correct whatever harmful interference is caused. Should harmful interference
occur, the operator is required to immediately correct the interference problem, even if correction of the problem
requires ceasing operation of the Part 15 equipment causing interference. See 47 C.F.R. 15.5.
10 47 C.F.R. 15.255; see First R&O/Second NPRM in ET Docket No. 94-124, 11 FCC Rcd. 4481 (1995).
11 Fixed field disturbance sensors are required to comply with a lower emission limit across the 60 GHz band except
between 61.0 GHz and 61.5 GHz. 47 C.F.R. 15.255(b)(2) & (b)(3). See also, Amendment of Parts 2, 15 and 97 of
the Commission's Rules to Permit Use of Radio Frequencies Above 40 GHz for New Radio Applications,
Memorandum Opinion and Order and Fourth Notice of Proposed Rule Making
, ET Docket No. 94-124
(MO&O/Fourth NPRM in ET Docket No. 94-124), 12 FCC Rcd. 12212, 12215 (1997) at para.11.
12 See 47 C.F.R. 15.255(b).
13 Power density (PD), EIRP and field strength (E) are readily converted through the following formulae:
PD = E2/120(Pi) = EIRP/(4 Pi D2), where D is the separation distance in meters, provided measurements are
performed in the far field.
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FCC 13-112

the peak transmitter conducted output power of 60 GHz unlicensed devices to 500 mW.14 For emissions
from 60 GHz devices that emanate from inside a building, the rules also require the transmission of an
identification signal in order to permit other users experiencing interference from indoor wireless local
area network (LAN) devices to more accurately identify the source of the interference.15
5.
In the 60 GHz band, two primary types of equipment serving different markets have
emerged to share this large 7-gigahertz swath of spectrum: 1) outdoor short-range point-to-point systems
intended to extend the reach of fiber optic networks by providing service to adjacent structures, provide
broadband backhaul links between cellular networks base stations, or interconnect buildings in campus
environments;16 and 2) in-building wireless personal area networking (WPAN) devices designed to share,
usually within the same room, uncompressed high-definition (HD) data signals between consumer
entertainment devices, such as high-definition televisions (HDTV), Blu-ray digital video recorders,17
cameras, and laptop computers.18 Typically, an outdoor point-to-point 60 GHz transmitter employs a high
gain, narrow beamwidth antenna that is aligned with the intended receiver, whereas a low-power indoor
60 GHz networking transmitter uses a lower gain and broader beamwidth antenna to serve several
receivers within the network.19 In general, a low-power indoor networking transmitter uses an integrated
antenna, i.e., the antenna is part of the device and cannot be replaced with another antenna type without
making significant physical alterations to the device, possibly rendering it inoperative. In addition, the
transmitter output port of these devices is typically not accessible. With respect to outdoor point-to-point
60 GHz transmitters, practical concerns regarding the impact of significant propagation losses at these
frequencies require the transmitter to be very close to the antenna (i.e., both the antenna and transmitter
will generally have to be located outdoors).
6.
The Commission adopted the Notice of Proposed Rulemaking (NPRM)20 in this
proceeding in response to a petition for rule making from the Wireless Communications Association
(WCA).21 To encourage broader deployment of point-to-point digital systems in the 60 GHz band
without increasing the potential for harmful interference, the Commission proposed to specify the
emission limit for 60 GHz devices as EIRP instead of as power density units, and to increase the emission
limit from 40 dBm to 82 dBm for devices using an antenna with gain greater than 51 dBi. The
Commission also proposed to increase the peak power and average power EIRP limits relative to a
specific antenna gain for devices located outdoors or those located indoors with emissions directed

14 The 500 mW peak transmitter output limit applies to transmitters with an emission bandwidth of at least 100 MHz
and is reduced for systems that employ narrower bandwidths. See 47 C.F.R. 15.255(e).
15 See 47 C.F.R. 15.255(i).
16 See, e.g., BridgeWave E60 product line, FCC ID No. RWM-GE60X; Huber and Suhner model SL60-401,
FCC ID No. TTDSL60401; Comotech Airlight (ME-100) series, FCC ID No. RL3ALME100.
17 Blu-ray refers to an optical disk format that enables recording, rewriting and playback of high-definition video as
well as storing large amounts of data. The format offers more than five times the storage capacity of traditional
digital video discs (DVD) and can hold up to 25GB on a single-layer disc and 50GB on a dual-layer disc.
18 See, e.g., Abocom Wireless HD transmitter radio module, FCC ID No. MQ4-VM101T01; Murata Wireless HD
radio module, FCC ID No. XCSSUX-1278; Panasonic Wireless HDMI system, FCC ID No. ACJ-TUWHT1U.
19 "Beamwidth" refers to the angle between the half-power points (i.e., the -3 dB points) of the main lobe of an
antenna, when referenced to the peak effective radiated power of the main lobe. Beamwidth is usually expressed in
degrees. Point-to-point 60 GHz devices typically have a beamwidth of less than 5 degrees.
20 See Revision of the Commission's Rules Regarding Operation in the 57-64 GHz Band, ET Docket No. 07-113,
Notice of Proposed Rulemaking, 22 FCC Rcd. 10505 (2007) (NPRM).
21 See Petition for Rule Making submitted by WCA, RM-11104.
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outdoors, e.g., through a window,22 and to eliminate the transmitter identification requirement for devices
located indoors.23 The Commission did not propose to make any change to the spurious emission limit
but proposed to also express this limit alternatively as EIRP to be consistent with the measurement unit
proposed for main-beam fundamental emissions.24
7.
Seven parties filed comments and three parties filed replies in response to the NPRM,
addressing both outdoor and indoor uses in the 60 GHz band.25 Outdoor equipment providers
unanimously supported the Commission's proposals to express the emission limits in EIRP levels, to
increase the average and peak emission limits for transmitters with very high gain antennas, and to
eliminate the transmitter ID requirement for all 60 GHz transmitters.26 Some commenters from the indoor
networking providers recommended that we wait until standards for WPAN consumer devices are
finalized so that we can take those devices into consideration before deciding whether to allow higher
power for 60 GHz point-to-point outdoor devices.27 We note here that many of the WPAN industry
standards have been adopted since the release of the NPRM. For example, ECMA International has
adopted a standard for 60 GHz WPAN for data transfer and multimedia streaming such as high definition
audio visual streaming and wireless docking stations.28 The WiGiG Alliance has finalized its 60 GHz
specification that will support connectivity with Wi-Fi networks,29 and the WirelessHD Consortium has
released a global standard for 60 GHz applications based on the IEEE 802.15.3c-2009 standard to support
lossless video streaming in low-power devices such as smart phones and laptop computers.30

III.

DISCUSSION

8.
In this Report and Order, we modify our rules to allow operation at higher power levels
by 60 GHz unlicensed devices that use an antenna exceeding a specific gain and operate outdoors.
Specifically, for 60 GHz devices located outdoors, we increase the average equivalent isotropically
radiated power (EIRP) limit from 40 dBm to 82 dBm minus 2 dB for every dB that the antenna gain is
below 51 dBi, and peak EIRP emission limit from 43 dBm to 85 dBm minus 2 dB for every dB that the

22 WCA also requested that the Commission eliminate the transmitter identification requirement for 60 GHz devices
that are located indoors but direct their emissions through a window to the outside. See NPRM, 22 FCC Rcd. 10505,
10507 (2007) at para. 5.
23 NPRM, 22 FCC Rcd. 10505, 10511 (2007) at para. 14.
24 Id., 22 FCC Rcd. 10505, 10519 (2007) at Appendix B.
25 A list of commenting parties is included in Appendix B.
26 See e.g., comments of BridgeWave Communications, Inc. (BridgeWave).
27 Comments of Cisco Systems, Inc. (Cisco); see also, ex parte comments of Panasonic of North America
Corporation (Panasonic) filed on Feb. 27, 2008.
28 See ECMA-387, High Rate 60 GHz PHY, MAC and HDMI PAL, at http://www.ecma-international.org/. ECMA
adopted a second edition of this standard in 2010.
29 See http://wirelessgigabitalliance.org/. See also Wi-Fi Alliance and Wireless Gigabit Alliance to unify,
Jan. 3, 2013, at http://www.prnewswire.com/news-releases/wi-fi-alliance-and-wireless-gigabit-alliance-to-unify-
185526012.html. Wi-Fi refers to a class of wireless local area network ("WLAN") devices based on the Institute of
Electrical and Electronics Engineers (IEEE) 802.11 standards that are installed in many personal computers, video
game consoles, printers and other peripherals and virtually all laptop or palm-sized computers. Because 60 GHz
signals are significantly attenuated by walls, it is expected that 60 GHz high-speed networks would most likely be
limited to communication between devices located inside a single room. See, e.g.,
http://www.dailywireless.org/2013/01/03/wigig-folded-into-wi-fi-at-60-ghz/.
30 See http://www.wirelesshd.org/. See also IEEE 802.15.3c-2009 Wireless MAC and PHY specifications for High
Rate WPANs
standard; and IEEE 802.11ad-2012, Wireless LAN Medium Access Control (MAC) and Physical Layer
(PHY) Specifications Amendment 3: Enhancements for Very High Throughput
.
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antenna gain is below 51 dBi. Also, the amended rules will specify the emission limits for all 60 GHz
devices in terms of equivalent isotropically radiated power (EIRP). These rule changes will provide
needed flexibility to improve performance and provide cost savings for unlicensed devices to support
broadband service in the 60 GHz band. These revisions also have the potential to foster the development
of products with longer operating distances than are achievable under the current rules and to promote use
of the 60 GHz band as a vehicle for broadband transmission links. This will encourage the development
of very high speed wireless links for use in locations where highways, parking lots, or other obstructions
may prevent the extension of fiber or wireline connections, to connect multiple buildings in a campus
environment, or to provide backhaul connections for new 4G wireless services.
9.
We also amend the rules to specify the antenna requirements for compliance testing of 60
GHz devices that will operate at higher power with very high gain antennas and to eliminate the
transmitter identification (transmitter ID) requirement.

A.

Power Limits

10.
Section 15.255(b)(1) of the rules currently specifies an average power density limit of
9 W/cm2 and a peak power density limit of 18 W/cm2 for devices operating in the 60 GHz band, as
measured at a distance of 3 meters from the radiating structure.31 As specified above, these limits
correspond to a 40 dBm EIRP and 43dBm EIRP, respectively.32 In the NPRM, the Commission proposed
to amend the rules to specify emission limits for all unlicensed 60 GHz devices in terms of EIRP. The
Commission noted that there can be substantial difficulty in obtaining accurate power density
measurements in the near field33 for very high gain antennas when the far-field distance is much greater
than the 3-meter distance at which the emission limit is specified.34 The Commission observed that the
distance to the point where an antenna's far field begins is variable depending on the size and
configuration of the transmitting antenna,35 whereas EIRP is easily calculated as the antenna conducted
input power times the antenna gain, thus simplifying the determination of radiated emissions by
eliminating the need to consider antenna near-field and far-field measurement issues, particularly where
relatively large diameter antennas are employed.36 The Commission also proposed to maintain the

31 See 47 C.F.R. 15.255(b) and (e). These limits apply to equipment other than fixed field disturbance sensors.
32 47 C.F.R. 15.255(b)(1). Power density (PD) may be converted to EIRP or field strength (E) through the
following formulae: PD = E2/120(Pi) = EIRP/(4 Pi D2), where D is the separation distance in meters, provided
measurements are performed in the far field.
33 Because the near field of an antenna is the region in which the electric and magnetic fields do not have a
substantially plane-wave character but vary considerably with different distances from the transmitter,
measurements results made in this region can vary substantially with varying distances from the transmitter. It is
therefore possible to obtain test data that show a lower signal level than what would be measured at a greater
distance, because emissions in the near field do not behave in as predictable a fashion as in the far field. In reality,
the transition from near field to far field is not sharp, and the boundary line between these regions differs depending
on the size of the antenna, the radiating wavelength, the desired accuracy of the antenna, and the extent of
measurement errors that can be tolerated based on various applications, etc. See discussion on near field and far
field regions of an antenna in OET Bulletin 65, Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields, Edition 97-01
, p 27-30, at
http://www.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet65/oet65.pdf.
34 NPRM, 22 FCC Rcd. 10505, 10511 (2007) at paras. 14-15. See also, 47 C.F.R. 15.255(b)(1).
35 The Commission indicated that the far field for an antenna with a diameter of 1.22 meter starts at 178 meters,
which is considerably greater than the measurement distance of 3 meters specified in the rules. Id.
36 NPRM, 22 FCC Rcd. 10505, 10511 (2007), at para. 14. For example, the far-field region of a dish-type antenna is
conventionally considered to start at 2D2/, where D is the diameter of the antenna in meter and is the radiation
wavelength in meters. The far field for a 32-centimeter 60 GHz dish antenna starts at 41 meters, whereas the far
field for a 12-centimeter 60 GHz dish antenna starts at 5.8 meters. For these antenna types and sizes, the existing
(continued....)
5

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existing power density limits for devices other than very high gain systems as an alternative to the EIRP
limits, as long as the 3-meter measurement distance is in the antenna far field. It observed that some
parties may still wish to demonstrate compliance of devices with lower gain antennas under the existing
power density limits and measurement procedures.37
11.
The current average power density limits for 60 GHz devices apply to all such devices,
regardless of whether the device's antenna is located outdoors or indoors. In the NPRM, the Commission
proposed to increase the average EIRP limit for 60 GHz devices with antennas located outdoors from
40 dBm to 82 dBm minus 2 dB for every dB that the antenna gain is below 51 dBi, and the peak EIRP limit
from 43 dBm to 85 dBm minus 2 dB for every dB that the antenna gain is below 51 dBi.38 It also proposed
to apply these higher EIRP limits to devices with antennas located indoors with emissions directed
outdoors (i.e., window links) because all equipment within a room is usually under the control of the
same user, who would be responsible for frequency management issues that may arise.39
12.
Decision. We are modifying the rules to specify the emission limits for 60 GHz devices
in terms of EIRP. No party objected or provided any substantive comments to our proposals. We
observe that the WCA petitioned for this change because the existing rules specify the emission limit at a
measurement distance of 3 meters, a distance that would, as noted above, be in the near field of a high
gain 60 GHz antenna, and measurements in this region of the antenna are difficult to make due to the high
variability of the RF field.40 Consequently, when this measurement distance is in the near field of a
60 GHz antenna, the test results can vary substantially with varying distances from the transmitter,
making it very difficult to demonstrate compliance of the equipment under test with the emission limit
due to lack of repeatability of the test results. We find that specifying the emission limits for 60 GHz
devices as EIRP, which can be easily calculated, will simplify the process for demonstrating compliance
with the rules.41 We further note that in other sections of the Part 15 rules, e.g., the spread spectrum rules
in Section 15.247 and the Unlicensed National Information Infrastructure (UNII) rules in Section 15.407,
the emission limit for those devices is specified in terms of EIRP.42 Although in the NPRM we proposed
to maintain the existing power density limits for devices other than very high gain systems as an
alternative to the EIRP limits as long as the 3-meter measurement distance is in the antenna far field, we
find that specifying the emission limit for all 60 GHz devices as EIRP will provide uniformity and
consistency in the rules for all 60 GHz devices, simplify the measurement procedure, and improve the
repeatability of test results. Measurement procedures that have been found to be acceptable to the

(...continued from previous page)
rules specifying the emission limit at 3 meters would place this measurement distance in the near field of the
antenna, a problem that partly prompted WCA to file its petition for rulemaking in this proceeding.
37 NPRM, 22 FCC Rcd. 10505, 10511 (2007), at para. 15.
38 NPRM, 22 FCC Rcd. 10505, 10509 (2007) at para. 8. These numbers were requested by WCA in its petition for
rule making. See WCA petition for rulemaking, RM-11104. See also, BridgeWave ex parte comments filed Dec. 2,
2011.
39 A "window link" refers to a 60 GHz transmitter installed indoors that is communicating with a corresponding
60 GHz receiver in a nearby building. Each "link" is a point-to-point connection, i.e., between a single transmitter
and a single receiver. NPRM, 22 FCC Rcd. 10505, 10513 (2007) at para. 19.
40 See WCA petition for rulemaking, RM-11104.
41 A conducted emission measurement is made by direct connection of a calibrated test instrument to the
transmitter's output port of the equipment under test. See 47 C.F.R. 15.303(f) & 15.403(n).
42 The reason why not all emission limits in Part 15 are specified in EIRP is because it is not feasible in some
unlicensed intentional radiators to have access to the transmitter output port to perform a conducted power
measurement (whereas for licensed transmitters, conducted power measurement in EIRP is the norm.) In such
cases, a radiated emission measurement in the antenna far field must be performed.
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Commission in accordance with Section 2.947 of our rules may be used to demonstrate compliance.43
13.
Accordingly, we are amending Section 15.255(b)(1) of the rules to specify emission
limits for all unlicensed 60 GHz devices in terms of EIRP. Because 60 GHz devices are already required
to be tested for compliance, this rule change does not increase the burden on compliance testing for
manufacturers and could facilitate the measurement of emission levels for both point-to-point and
networking 60 GHz devices while greatly improving measurement accuracy.44
14.
As we discuss in detail below, although the record provides some support for the
proposals made in the NPRM to increase the average and peak emission limits for transmitters with very
high gain antennas, some commenters have expressed concern over the potential for window links using
higher power levels indoors to interfere with the operation and deployment of WPAN and other consumer
devices. We thus are modifying the rules to allow increased power for 60 GHz transmitters using very
high gain antennas located outdoors, but we will not apply these higher limits to any antenna located
indoors, including window links.
1.

Indoor Devices, including Window Links

15.
Comments and Replies. Several commenters oppose the proposal to allow higher EIRP
limits for 60 GHz devices with antennas located indoors, including window links that would direct
transmissions outdoors. Some of these commenters are concerned that such operations would increase
the likelihood of interference to lower power WPAN and other consumer products, hampering the
development of this new market. For example, the Institute of Electrical and Electronics Engineers
(IEEE) 802.18 Radio Technical Advisory Group (IEEE RR-TAG) recommends that we take co-existence
with low-power devices into consideration with regard to the proposed EIRP limits for systems using
high-gain antennas. It states that there is a large consumer market for WPAN applications that exploit
newer low-cost semiconductor technologies with envisioned short-range indoor products at low power.45
IEEE RR-TAG recommends that we maintain the existing emission limits for 60 GHz devices operating
indoors as window links, i.e., continue to limit these devices to a maximum EIRP of 40 dBm average, and
43 dBm peak.
16.
Motorola Inc. (Motorola) shares the same concerns as IEEE RR-TAG that point-to-point
devices operating at the higher EIRP levels might interfere with indoor WPAN devices, especially in
window links. Motorola points out that while in most circumstances the user/operator has control of the
operating environment, in certain deployment scenarios (e.g., shopping malls, airports, etc.) this may not
be the case, because the user/operator of a high-power point-to-point 60 GHz device operating as a
window link may not own the low-power WPAN networking devices operating nearby. Motorola
believes that in such environments, improperly installed window links could create reflections that
interfere with portable user devices. It states that, for example, if the window link is improperly deployed
and the antenna is not orthogonal to the glass, reflectivity of 50 percent for incident angles greater than

43 47 C.F.R. 2.947. The Commission's Laboratory will issue guidance for compliance measurements of
millimeter-wave devices, including the 60 GHz devices. We further note that ANSI-accredited Standard Committee
C63 is working on draft C63.10 American National Standard Procedures for Compliance Testing of Unlicensed
Wireless Devices that provides guidance for testing millimeter-wave devices using both radiated and conducted
measurement methods.
44 Manufacturers of 60 GHz devices with integrated antennas, such as low-power indoor devices, may continue to
choose a radiated emission method to show compliance. Other Part 15 devices use integrated antennas, and when a
radiated emission measurement is performed on such devices and the rule specifies the limit as EIRP, the
measurement result must be converted into EIRP to assess compliance. See, e.g., 47 C.F.R. 15.250(d) and
15.407(b). See also, footnote 13, supra.
45 IEEE RR-TAG comments at p. 3. See also Panasonic comments at 2; Cisco comments at p. 3.
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30 degrees can be expected which results in reflected signals that could overpower low power devices in
near proximity.46 Cisco Systems, Inc. (Cisco) argues that we should consider the likely uses of the band
before modifying the rules as requested by WCA. It states that WCA presented its proposals as
alternatives to DSL/cable modem platforms, which would suggest the use of transceivers in the windows
of residential households, but the Commission focused on commercial (outdoor), not residential, use in
the NPRM.47
17.
Decision. We will continue to require that all 60 GHz devices using indoor antennas,
including those with emissions directed outdoors as window links, comply with the existing lower
emission limits. We note that our rules already permit the use of 60 GHz point-to-point transmitters with
a relatively low-gain antenna (i.e., up to 30 dBi at the 10W (40 dBm) maximum EIRP, with a transmitter
output power of 10 dBm) as window links, and they are now co-located with WPAN devices without
causing harmful interference. In most cases, both types of devices are under the control of the same party
who could take steps to eliminate interference, e.g., by moving one or both devices a short distance away
from one another. However, we agree with Motorola that in public locations such as shopping malls or
airports, where a 60 GHz point-to-point device and a WPAN network may not be under the same
ownership or otherwise control, the use of higher-power EIRP for window links may present concerns
and difficulties in resolving potential interference among different equipment operators. We further
observe that BridgeWave, a manufacturer of point-to-point 60 GHz devices, has submitted that window
links are very rare because office building occupants rarely tolerate indoor mounting of a radio behind a
window.48 We thus conclude that window links may not generally be needed (or used) to link one
building to another, but if they are used, they must continue to comply with the lower emission limit
permitted under the current rules. Alternatively, operators can link one building to another by using
higher power point-to-point outdoor installations (e.g., from rooftop to rooftop). In addition, we do not
expect that higher power 60 GHz transmitters using very high gain antennas would be a common
candidate for residential installation destined to replace digital subscriber line (DSL) and cable modem
broadband services, because the high cost of the point-to-point devices would preclude their off-the-shelf
retail marketing to consumers.49 Therefore, out of abundance of caution and in view of the limited use of
window links as reflected in the record, we will not permit window links to operate at the higher EIRP
levels.
2.

Outdoor Devices

18.
Comments and Replies. Commenters generally support the Commission's proposals to
increase the average and peak emission limits for transmitters with very high gain antennas. In statements
supporting the proposed rule changes, BridgeWave Communications, Inc. (BridgeWave) states that the
proposed rule changes provide an opportunity to unleash the 60 GHz band's potential as a vehicle for
truly competitive, very high speed internet service and gigabit private network applications that can be
offered to the public at highly economical price points.50 WCA states that the adoption of the proposed
rules would promote the Commission's objectives of furthering the availability of broadband connectivity

46 Motorola reply comments at p. 3.
47 Cisco comments at pp. 5-6.
48 See BridgeWave ex parte comments filed April 9, 2010 at p. 2; BridgeWave ex parte comments filed Nov. 16,
2011 at p. 2.
49 Each 60 GHz point-to-point link pair currently costs close to $20,000, making it highly unlikely to be targeted for
the off-the-shelf consumer market. See
http://www.tessco.com/products/displayProductInfo.do?sku=467826&WT.mc_id=google_base;
http://www.cdw.com/shop/products/default.aspx?EDC=1143490.
50 BridgeWave comments at p. 5.
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to all Americans.51
19.
On the other hand, IEEE RR-TAG expresses concern that a remotely-mounted 60 GHz
device, even outdoors, may inadvertently transmit radiation through the window of a room where a
WPAN receiver may be operating, and that with the proposed higher power, an antenna of 40 dBi would
allow an EIRP of 100 times greater than the present limits. It believes that this would render WPAN
products inoperable, stating that an outdoor transmitter operating at the higher EIRP limits would only
need to be about 200 meters away from its receiver to produce as much signal as the WPAN system
itself.52 IEEE RR-TAG recommends that we require transmit power control (TPC) for devices operating
with high gain antennas and proposes that we require 1) transmitters operating outdoors at EIRP levels
greater than 40 dBm average/43 dBm peak to implement TPC to limit the maximum power at the receiver
end of the link to a level no more than 30 dB above the receiver noise floor; and 2) transmitters to be
positioned in a manner that limits the power density at the perimeter of any nearby building to less than 9
W/cm2 (40 dBm EIRP), i.e., the existing limit.53
20.
Other WPAN industry members echo IEEE RR-TAG's concerns. Motorola, which
supports higher power for outdoor installations, endorses IEEE RR-TAG's recommendation for TPC in
principle, but not the specific proposals suggested by IEEE RR-TAG. Absent more specific data and
justification, Motorola recommends that we simply limit use to the minimum power necessary to
complete the link in accordance with good engineering principles and require that all point-to-point
devices have the ability to adjust power output downward.54 Motorola does not support IEEE RR-TAG's
recommendation for a power density requirement at nearby buildings' perimeter.55 Panasonic
Corporation of North America (Panasonic) states that interference may result where someone chooses to
employ the full transmit EIRP proposed in the NPRM over a short distance in a dense office or multiple
dwelling unit complex. It states that in such scenarios, a broadband signal `beamed' into one unit using a
high power link might leak into the receiver of an adjacent unit, whose resident might, for example,
stream video using WirelessHD from a Blu-ray Disk Player or notebook computer to a television or video
projector. Panasonic believes that such interference might be mitigated by requiring the high power link
receiver to use a high gain antenna, permitting lower transmitter power for equivalent communication
reliability, and by stipulating that the transmit power should be no higher than needed for link operation
with power control at the transmitter.56
21.
In reply, both BridgeWave and WCA state that no party has submitted any technical
studies or hard data to refute the Commission's belief that "the risk of interference from higher power,
directional 60 GHz transmitters to lower power, omnidirectional systems will be minimal."57 In
supplemental comments, BridgeWave states that the proposed higher EIRP limit would allow 60 GHz
transmitters to be used for backhaul in certain wireless 4G deployments. It asserts that the wireless
broadband industry is experiencing an increased demand in densely populated areas for outdoor base
stations, or "pico cells," serving 4G mobile devices in Worldwide Interoperability for Microwave Access
(WiMax)58 or Long Term Evolution (LTE) networks.59 It submits that the distance between a pico cell

51 WCA comments at p. 2.
52 IEEE RR-TAG comments at para. 9.
53 Id. at para. 10.
54 Motorola reply comments at p. 4.
55 Id. at footnote 9.
56 Panasonic ex parte comments filed June 13, 2008 at p. 2.
57 BridgeWave reply comments at p. 2 (quoting NPRM para. 9); WCA reply comments at p. 2.
58 WiMax refers to interoperable implementations of the IEEE 802.16 wireless-networks standard (ratified by the
WiMAX Forum), in similarity with Wi-Fi, which refers to interoperable implementations of the IEEE 802.11
(continued....)
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and a macro cell, or between two adjacent pico cells, is normally about 300-500 meters, and that traffic to
and from mobile devices needs to be backhauled to the next pico cell or macro cell.60 It argues that the
combination of high capacity and the short distance between the cell sites makes the 60 GHz band an
excellent backhaul solution for pico cells.61
22.
Although not objecting to the proposals in the NPRM, licensed users of the 60 GHz band
from the Space Frequency Coordination Group (SFCG) and the World Meteorological Organization
(WMO) ask for more time to conduct research and express concerns related to the 57-59.3 GHz band
where Earth Exploration Satellite Service (EESS) (passive) and Space Research Service (SRS) (passive)
have a co-primary allocation. These parties state that this band is used for high-altitude advanced
microwave sounding instruments (AMSUs) by several meteorological space agencies, including the
National Oceanic and Atmospheric Administration (NOAA) in the United States, and that these
measurements are an essential element in weather forecasts. Although the parties believe that the
proposals for higher emissions may not impact EESS because of the relatively high atmospheric
attenuation at these frequencies, they propose to conduct technical studies to determine the impact of our
decisions.62 SFCG requests that we provide information about the density of millimeter wave transmitters
per square kilometer in urban and rural areas, the RF characteristics of the transmitters around 60 GHz,
and the maximum above-sea level at which these devices will be deployed so that it could perform studies
to compute the value of the received power at the EESS satellite antenna derived from the aggregation of
the transmitted devices within a pixel (satellite footprint) of an EESS satellite and to compare this
received result with thresholds contained in ITU-R recommendations.63
23.
In reply, Motorola notes that the meteorological interests have not asserted that the
proposed power modifications will surely result in interference to EESS, but that these parties ask for
additional time to study the issue. Motorola believes that our proposals already protect these services
because of the very high gain, pencil-thin antenna beams used.64
24.
Decision. Consistent with our proposals in the NPRM, we are modifying the rules to
adopt an average EIRP limit of 82 dBm and a peak EIRP limit of 85 dBm, in each case minus 2 dB for
every dB that the antenna gain is below 51 dBi, for 60 GHz devices using very high gain antennas that are
located outdoors. We find that this increase in emission limits for antennas located outdoors will
facilitate the use of longer range 60 GHz devices in wireless applications without causing harmful
interference to authorized radio services in this band or disrupting the operations of other unlicensed
devices, including indoor WPAN systems that currently use this band. We believe that this change in the
rules will enhance the value of the 60 GHz band as a vehicle for delivering broadband, particularly the
high-capacity backhaul required for 4G wireless services.65 This approach will afford 4G and other

(...continued from previous page)
Wireless LAN standard (ratified by the Wi-Fi Alliance). WiMAX is a broadband platform touted to have much
more substantial backhaul bandwidth capacity than legacy cellular applications.
59 LTE is the trademarked name of a high-performance air interface for cellular mobile telephony, and may be used
for the next-generation mobile communications network.
60 A pico cell is a wireless communication system typically covering a small physical area, whereas a macro cell is
capable of covering a large physical area.
61 BridgeWave supplemental comments filed on April 9, 2010, at p. 3.
62 SFCG comments at p. 1-2.
63 SFCG comments at p. 3, WMO comments at p. 2.
64 Motorola reply comments at p. 5.
65 BridgeWave ex parte comments filed Nov. 16, 2011 at p. 1.
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broadband providers greater operational flexibility at lower cost by allowing them to use unlicensed
devices for backhaul, reserving licensed spectrum for other uses, thereby promoting spectrum
efficiency.66 Because existing outdoor point-to-point 60 GHz devices are restricted to much lower
emission limits, these changes to our rules would provide tangible benefits, including to small businesses
and consumers, without additional regulatory costs.
25.
In the NPRM, we tentatively concluded that several factors will offset any increase in the
interference potential between equipment with very high gain antennas and other devices in the 60 GHz
band. We noted that: 1) the very high gain antennas used would be highly directional, reducing the
probability that a low power, omnidirectional system would be located within its beamwidth; 2) low
power devices will operate primarily indoors because of their shorter range, whereas very high gain
directional systems will primarily be located outdoors because of their longer transmission range, thus the
emissions from directional systems, as seen by lower power indoor devices, will be attenuated
significantly from intervening objects, such as building walls;67 and 3) oxygen and water vapor absorption
and scattering should further reduce ranges at which the radiated emissions from 60 GHz equipment with
very high-gain antennas could cause interference.
26.
We are not persuaded by the opposing commenters from the indoor networking industry
that our preliminary view is incorrect. We find that the high propagation losses in the 60 GHz band
combined with the pencil beam of the high-gain antennas substantially mitigate the interference potential
of these devices. These devices must be very accurately pointed to a very precise location in order to
operate effectively. As the antenna gain increases, the beamwidth of the antenna becomes narrower,
making it less likely that these devices will cause interference to nearby receivers unless they are located
directly in the path of this pencil-thin antenna beam.68 In this regard, we observe that in order to keep a
link with a high gain antenna operating, the transmitter and receiver must be aligned using a special
alignment tool,69 so that the likelihood of inadvertent transmission through such a window is remote.
Because of the highly directional nature of 60 GHz point-to-point communications, if the link were
misaligned and the transmitter's signals would be mistakenly directed toward a receiver other than its
intended receiver, the communication link itself would be broken (transmission terminated) and
realignment would be required to reestablish the link.
27.
Additional factors further discount the likelihood of harmful interference, as suggested by
IEEE RR-TAG, from an outdoor high-power remotely-mounted transmitter (e.g., mounted on the roof of
an adjacent building, on a balcony, or under a roof overhang) that may inadvertently transmit radiation
into the window of a room where a WPAN receiver may be operating. One is the geographic separation
between higher power point-to-point outdoor installations and low-power indoor WPAN networks. This
factor is significant because of the very short range associated with 60 GHz devices (touted as a benefit
by manufacturers of both outdoor and indoor consumer products in light of its security advantages).
IEEE RR-TAG also fails to address the effects of attenuation. Even if a small portion of the emission
from a high gain outdoor antenna were to enter into a room through a window, that low level emission

66 Id., at p. 2.
67 While focusing on the outdoor market in the NPRM, we did observe that consumer applications for wireless
interconnections in the 60 GHz band were forthcoming, and that because the 60 GHz devices that were being
marketed at that time were intended for point-to-point outdoor use, there was no immediate risk of interference to
60 GHz unlicensed consumer devices. NPRM, 22 FCC Rcd. 10505, 10509 (2007) at para. 9.
68 For example, some 60 GHz point-to-point products such as the Airlinx Communications GE60 series have an
antenna beamwidth of 1.4 degrees with an antenna gain of 40 dBi, whereas the Airlinx Communications GE60X
series has an antenna beamwidth of 0.6 degrees with an antenna gain of 46 dBi. See
http://www.airlinx.com/files/AIRLINX%20Bridgewave%2060GHz%20Data%20Sheet%200606.pdf.
69 See e.g., how to align 60 GHz antennas at http://bridgewave.com/products/tech_overview.cfm .
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would first be attenuated by the glass, before being further attenuated by other objects in the room, thus
minimizing its potential interference effect significantly.70 For all these reasons, and absent any record
evidence to the contrary, it is our predictive judgment that the proposed change as limited to outdoor
devices would not result in harmful interference, which is defined not to protect against isolated
occurrences, but only against interference that "seriously degrades, obstructs, or repeatedly interrupts" a
radio communication service.71
28.
We also decline to adopt the IEEE RR-TAG's recommendations for measuring nearby
buildings' perimeter power density and for adopting an automatic transmit power control to limit the
maximum power at the receiver end of a point-to-point link. We find such requirements unnecessary for
co-existence between indoor and outdoor unlicensed devices in this band because of the high signal
propagation losses at these frequencies72 and the highly narrow beamwidth of the outdoor devices, as we
discussed above;73 furthermore, the IEEE RR-TAG did not support its recommendations with any specific
interference data, as noted by BridgeWave and WCA.74 As mentioned above,75 in response to
IEEE RR-TAG comments, Motorola recommends that, absent more specific data and justification, we
simply limit use to the minimum power necessary to complete the link in accordance with good
engineering principles and require that all point-to-point devices have the ability to adjust power output
downward.76 We agree with Motorola that we should not require the IEEE-recommended limitations
without more data and justification.77 However, we find that the power at an individual location can be
adjusted by antenna selection78, therefore it is not necessary to require that the ability to adjust power
output be built into the transmitter, which would add cost without countervailing benefit.79 We also note
that both the 60 GHz outdoor and indoor equipment are unlicensed devices that do not have priority rights
to the spectrum over one another; however, as we discussed above, the geographical separation of the two

70 Some researchers indicate that at 60 GHz regular glass provides 11 dB/centimeter attenuation and mesh glass,
32 dB/centimeter. See e.g., C. Anderson and T. Rappaport, In-building Wideband Partition Loss Measurements at
2.5 and 60 GHz
, IEEE Trans. Wireless Communications, vol. 3, no. 3, pp. 922928 (2004.) Some researchers
indicate that at 60 GHz, drywall provides 2.4 dB/centimeter attenuation and office whiteboard, 5 dB/centimeter. See
e.g.
, Smulders, P.F.M., 60 GHz Radio: Prospects and Future Directions, Proceedings Symposium IEEE Benelux
Chapter on Communications and Vehicular Technology, 2003, Eindhoven, Table II at p. 5.
71 47 C.F.R. 2.1(c).
72 See footnote 78, infra. IEEE did not take into account any wall and window attenuations from buildings or
structures that separate indoor 60 GHz WPAN networks and any potential outdoor 60 GHz device that may or may
not be operating outside the building in which the WPAN network is located.
73 Even if an outdoor 60 GHz transmitter were accidentally directed into the general area of a 60 GHz indoor
networking equipment instead of directed toward its associated receiver (and discounting the very high attenuation
characteristics of intervening windows and walls), it is doubtful that the indoor network equipment would be in the
main beam of the outdoor transmitter.
74 BridgeWave reply comments at p. 2, WCA reply comments at p. 2.
75 See para. 20, supra.
76 Motorola reply comments at p. 4.
77 Motorola reply comments at p. 4.
78 The total amount of transmit power is a combination of transmitter output and antenna gain. Note that the
transmitter output limit for 60 GHz devices is not being changed and is kept at 500 mW. 47 C.F.R. 15.255(e).
79 We also note that 47 C.F.R. 15.15(a) &(c) already state that all devices operating under Part 15 "shall be
constructed in accordance with good engineering design and manufacturing practice," that "[e]manations . . . shall
be suppressed as much as practicable," and that "the parties responsible for equipment compliance are encouraged to
employ the minimum field strength necessary for communications and to provide greater attenuation of unwanted
emissions than required by the regulations."
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types of equipment will eliminate any potential of harmful interference.
29.
Finally, we observe that since the adoption of the NPRM, there has been ample time for
SFCG to conduct its studies regarding the EESS. Further, the Commission does not maintain the specific
data on 60 GHz devices as requested by SFCG, other than the information submitted in the device
certification applications, which can be accessed through our public equipment authorization database.80
In addition, we agree with Motorola that the potential for interference to EESS is sufficiently low such
that the need for additional study does not warrant a delay in our decision.81 We find that the high-gain
antennas with very narrow beamwidths employed by 60 GHz devices operating under the new higher
EIRP limits, combined with the atmospheric attenuation and severe propagation losses at these
frequencies will limit any potential for interference to EESS and that sharing of this service with 60 GHz
devices at higher EIRP limits will not be a cause for concern.

B.

Antenna Substitution

30.
Section 15.204(c)(4) of the rules allows intentional radiators to be marketed and used
with any antenna that is of the same type and of equal or less directional gain as the antenna authorized
with the equipment.82 Manufacturers must provide a list of acceptable antenna types with an application
for equipment authorization, and the Commission does not require retesting of a system configuration that
uses an antenna that is the same type and with equal or less directional gain than the one it authorizes.
31.
In the NPRM, the Commission noted that intentional radiators must be designed to ensure
that the public is not exposed to RF energy in excess of the Commission's guidelines, and that, in some
cases this could require that 60 GHz devices operate at a lower emission level than the maximum limit
specified in the rules.83 The Commission also observed that the RF exposure levels in the near field and
on the antenna surface may increase as the size of the antenna decreases, and the use of a lower gain
antenna could result in a transmission system that is more likely to exceed the RF exposure guidelines.84
In the NPRM, we proposed that the maximum EIRP decrease as the antenna gain is reduced below
51 dBi. For these reasons, the Commission proposed to specify that the provisions contained in Section
15.204(c) of the rules permitting antenna substitutions are not applicable to 60 GHz transmission systems
operating under the higher EIRP limits. Rather, the Commission proposed that 60 GHz transmission
systems operating under the higher EIRP limits should be marketed and used only with the specific model
antenna(s) with which the transmitter is certified.85
32.
Comments. No party objected to our proposal. Motorola supports the use of specific
antennas with a specific range in gain and states that allowing users to substitute antennas with higher
gain could render the systems non-compliant with the higher EIRP limits.86

80 See http://www.fcc.gov/oet/ea/.
81 Motorola reply comments at p. 4.
82 47 C.F.R. 15.204(c)(4). The rule defines "antenna type" as antennas that have the similar in-band and
out-of-band radiation patterns.
83 NPRM, 22 FCC Rcd. 10505, 10511-10512 (2007) at para. 16. See also, 47 C.F.R. 1.1301 et seq.
84 When well matched to body tissues impedance, a small antenna has the tendency to produce a denser "hot spot"
(where energy is concentrated) than a larger antenna that covers a larger volume or exposure region where the
energy is spread out. In near-field exposure conditions where the antenna is in close proximity to persons, energy
coupling and impedance matching typically play a major role in the level of exposure. NPRM, 22 FCC Rcd. 10505,
10511-10512 (2007) at para. 16.
85 NPRM, 22 FCC Rcd. 10505, 10511-10512 (2007) at para. 16.
86 Motorola reply comments at p. 4.
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33.
Decision. We conclude that 60 GHz devices that will operate outdoors under the higher
EIRP limits we are adopting herein should be authorized for operation using only the specific antenna(s)
with which the system will be marketed and operated. In particular, as proposed in the NPRM, we will
require that compliance testing be performed using the highest gain and the lowest gain antennas for
which certification is being sought, rather than testing only the highest gain antenna for each antenna type
as permitted by Section 15.204(c). We find that testing of both highest and lowest gain antennas is
necessary given that our rules will allow the EIRP to vary relative to the antenna gain, thus ensuring
compliance with our emission and RF exposure limits. We will continue to require, as also proposed in
the NPRM, that compliance testing be performed with the 60 GHz intentional radiator operated at its
maximum available output power level and that the applicant for equipment certification provides a list of
acceptable antennas with its application. Accordingly, we are amending Section 15.255(b)(1)(ii) to
specify the above antenna requirements for the higher power 60 GHz transmitters. Because 60 GHz
devices are already required to be tested for compliance with all the types of antennas that are intended to
be used with the equipment and to submit the worst-case results in the application for certification, the
additional regulatory cost of providing information on an additional test result already required to be
performed by our rules is not significant.

C.

Spurious Emissions

34.
Spurious emissions are those emissions on a frequency outside the necessary bandwidth,
the level of which may be reduced without affecting the transmission of information. Section
15.255(c)(3) requires that 60 GHz equipment spurious emissions between 40 GHz and 200 GHz be
limited to 90 pW/cm2 at a distance of 3 meters, which is equivalent to an EIRP level of -10 dBm.87 In the
NPRM, the Commission proposed to retain the existing limits on spurious emissions but clarified in the
proposed rule Section 15.255(c)(3) that measurements must be made in the far field and that if the far
field distance is greater than 3 meters, then the measurement results would need to be extrapolated to a
distance of 3 meters according to Section 15.31(f)(1).88
35.
Comments and Replies. BridgeWave expresses concerns that in proposing new language
for rule Section 15.255(c)(3), we are specifying an extrapolation distance not currently spelled out in this
particular rule89 and that this change could create hardship in terms of higher cost for expensive filtering
circuits when measurement is made in the far field.90 BridgeWave believes that application of the
extrapolation method in Section 15.31(f)(1) to high-gain 60 GHz antennas effectively reduces spurious
emissions to a level below what Section 15.255(c)(3) permits today.91 BridgeWave contends that if

87 Spurious emissions from 60 GHz devices are required to comply with the general limits in Section 15.209 for
frequencies below 40 GHz and with a limit of 90 pW/cm2 (i.e., -10 dBm EIRP) at a distance of 3 meters, between
40 GHz and 200 GHz. 47 C.F.R. 15.209 & 15.255(c)(3).
88 NPRM, 22 FCC Rcd. 10505, 10509 (2007) at para. 10. See also, 47 C.F.R. 15.31(f)(1). The extrapolation factor
is used to address the difficulty of making measurements at specified distances. "Decade", a 10:1 range, refers to
the ratio of the specified measurement distance to the actual measurement distance. 47 C.F.R. 15.31 (f)(1)
requires that "at frequencies at or above 30 MHz,...[w]hen performing measurements at a distance other than that
specified, the results shall be extrapolated to the specified distance using an extrapolation factor of 20 dB/decade".
For example, the spurious emission limit for 60 GHz equipment is specified as 90 pW/cm2 at 3 meters; if actual
measurements were made at a distance of 30 meters based on the particular antenna used, the ratio of the distances is
a decade (30/3=10) and as required by the rules, the field strength result must be corrected by adding 20 dB.
89 The existing rule only specifies the radiated emission limit for spurious emissions, but does not specify where to
measure or what to do if the measurement distance is not at the specified distance of 3 meters.
90 BridgeWave reply comments at p. 3-4.
91 This presumably stems from the fact that since the antenna gain within the near field is less than the far-field
value, extrapolating the values obtained from far-field measurements would result in a predicted EIRP level at
3 meters (a distance that would be in the near field of very high gain antennas) that will be greater than what will
(continued....)
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forced to comply with out-of-band emission requirements tighter than what the Commission currently
permits under Section 15.255(c)(3), 60 GHz equipment manufacturers may need to incorporate more
expensive filters, and that this could increase the costs of manufacturing materials by as much as 15%,
thus substantially undercutting the unlicensed 60 GHz band's value proposition as a resource for low cost
alternatives to incumbent wired services or more costly E-Band 70/80/90 GHz transceiver systems.92 To
avoid having to incorporate expensive filters, BridgeWave suggests that we amend section 15.255(c)(3)
of the rules to relax the limits for spurious emissions that fall within the 500-megahertz frequency bands
immediately below and above the 57-64 GHz band (i.e., the 56.5-57 GHz and the 64.0-64.5 GHz bands)
to ten times higher than for the rest of the 40-200 GHz band, over which the spurious emission limit is
specified. BridgeWave argues that these sub-bands are subject to the same oxygen attenuation
phenomenon as the 60 GHz band generally.93 No other commenter provided substantive input on this
issue.
36.
On the other hand, the National Radio Astronomy Observatory (NRAO) recommends
that we extend the spurious emission limits to additional frequencies. It states that in the time since the
Commission first allowed unlicensed operation in the 57-64 GHz band, the radio astronomy service
(RAS) has been granted primary allocations at higher frequencies which overlap the low-order
harmonics94 of portions of the 57-64 GHz band, and that the affected radio astronomy bands contain the
two most accessible spectral lines of carbon monoxide at 115 GHz and 230 GHz.95 NRAO argues that
unlike fundamental frequencies within the 57-64 GHz band, radio astronomy can be adversely affected
because spurious emissions propagate relatively free of attenuation by the atmosphere around a radio
astronomy site.96 It recommends that we extend the limit on spurious emissions up to 232 GHz from
200 GHz to protect radio astronomy bands at 226-231.5 GHz (from the 4th harmonic of fundamental
frequencies at 56.5-57.88 GHz. It also recommends as other remedies that we protect the 115 GHz and
230 GHz RAS bands by excluding the entire 57-58 GHz frequency band from use by Part 15 devices, and
the 183 GHz RAS band by excluding Part 15 operations near radio astronomy sites located at CARMA
(CA), Mt. Graham (AZ) and Mauna Kea (HI).97 In response, BridgeWave stated that it does not oppose
NRAO's recommendation. No other commenter provided substantive input on this issue.
37.
Decision. We decline to adopt the clarification proposed in the NPRM with regard to the
measurement distance with respect to spurious emissions. In the NPRM, we proposed to express this
limit alternatively as EIRP to be consistent with the measurement unit proposed for main-beam

(...continued from previous page)
actually be realized because there is no allowance for applying a near-field correction factor, which can be different
than 20 dB/decade, to the results. However, near-field correction factors are extremely difficult to determine with
precision due to the characteristics of the field in this region of the antenna.
92 BridgeWave reply comments at p. 4-5. See Allocations and Service Rules for the 71-76 GHz, 81-86 GHz and
92-95 GHz Bands
, in WT Docket No. 02-146, Report and Order, 18 FCC Rcd. 23318 (2003). See also 47 C.F.R.
101.1501 et seq.
93 BridgeWave reply comments at p. 4-5.
94 Harmonics are component frequencies of a radio frequency signal that are integer multiples of the fundamental
frequency.
95 A spectral line is electromagnetic radiation given off at a specific frequency by an atom or molecule. Each type of
atom or molecule gives off radiation at its own unique set of frequencies; thus, astronomers can explore the
properties of stars, interstellar matter or other celestial bodies containing a particular molecule by tuning a radio
telescope to one of its characteristic frequencies.
96 NRAO comments at p. 1-2.
97 Id., at p. 3.
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fundamental emissions.98 BridgeWave's comments clearly indicate a presumption that we have somehow
proposed to modify the spurious emission limits, which was never intended. We therefore find that it
would be less confusing to maintain the existing spurious emission rule with the limit expressed in power
density units, rather than EIRP, and we will make no changes to Section 15.255(c)(3).
38.
With respect to BridgeWave's request for an increase in spurious emission limit, we note
that we are not making any changes to the spurious emission limit. Thus, we find that the concerns
expressed by BridgeWave about increased filtering requirements are not warranted, and likewise there is
no reason for us to consider increasing the spurious emission limits as BridgeWave suggests.
39.
With regard to the radio astronomy service and NRAO's concerns, we observe at the
outset that, although the NPRM proposed to increase the average EIRP power limit, we proposed to limit
peak emission levels, and also "to retain the existing limits on spurious emissions and peak transmitter
output power."99 Our intention here was to seek comment on a proposal to maintain the appropriate
power limit itself (i.e., in the case of spurious emissions, the existing 90 pW/cm2 limit), not on whether to
extend that limit to additional frequency bands or to limit the frequency range of operations for 60 GHz
devices. Thus, we do not believe it is appropriate to take either of these actions here. In any event,
however, we note that because we have not increased the spurious emission limit or reduced the
frequency range of measurements (presently 200 GHz) for 60 GHz devices, there is no higher risk of
interference from spurious emissions than that which is presently allowed.100 Moreover, spurious and
harmonic emissions typically roll off (i.e., reduce in amplitude) the further they are in frequency from the
fundamental emission. Thus, harmonic emissions at the fourth harmonic produced by the fundamental
frequencies at 56.5-57.88 GHz and arising in the RAS band at 226-231.5 GHz - would be expected to be
significantly lower than those already deemed to be acceptable at the third harmonic of these fundamental
frequencies which are constrained by the present measurement cutoff. Similarly, spurious emissions
generated by these devices at the 226-231.5 GHz frequencies in the RAS band would not be expected to
be greater than those below 200 GHz (the top of the specified range). Further, while there is considerable
difference in the atmospheric attenuation between 60 GHz and 231.5 GHz as claimed by NRAO, the
difference in atmospheric attenuation between 200 GHz and 231.5 GHz is not significant and thus would
not affect our conclusion. In fact, nearly all of the RAS allocations for which NRAO expresses concern
were made before the implementation of unlicensed devices in Section 15.255 of our rules,101 and
unlicensed 60 GHz devices have been successfully sharing spectrum with RAS without causing harmful
interference.102 Further, NRAO provides no information or specific analysis of potential harmful

98 NPRM, 22 FCC Rcd. 10505, 10519 (2007) at Appendix B.
99 NPRM, 22 FCC Rcd. 10505, 10509 (2007) at 10.
100 47 C.F.R. 15.33(a)(3).
101 47 C.F.R. 15.255.
102 On December 19, 2000, the Commission adopted at Report and Order in ET Docket No. 99-261, wherein it made
the entire 57-64 GHz band available for use by Part 15 unlicensed devices. See Amendment of Part 2 of the
Commission's Rules to Allocate Additional Spectrum to the Inter-Satellite, Fixed, and Mobile Services and to Permit
Unlicensed Devices to Use Certain Segments in the 50.2-50.4 GHz and 51.4-71.0 GHz Bands
, Report and Order, ET
Docket No. 99-261, 15 FCC Rcd. 25264 (2000). On February 4, 2004, the Commission adopted the Above 71 GHz
Report and Order, wherein it realigned the bands above 71 GHz in order to place scientific services (such as RAS) in
spectrum better suited to their needs. See In the Matter of Amendment of Part 2 of the Commission's Rules to
Realign the 76-81 GHz band and the Frequency Range Above 95 GHz Consistent with International Allocation
Changes
and Amendment of Part 2 of the Commission's Rules to Allocate Additional Spectrum to the Inter-Satellite,
Fixed, and Mobile Services and to Permit Unlicensed Devices to Use Certain Segments in the 50.2-50.4 GHz and
51.4-71.0 GHz Bands, Report and Order
, ET Docket Nos. 99-261 and 03-102, 19 FCC Rcd. 3212 (2004). This
Report and Order added the RAS allocation to the 231-231.5 GHz band. The remaining RAS allocations indicated
by NRAO (i.e., the 111.8-114.25, 114.25-116, 182-185, and 226-231 GHz bands) were made prior to the addition of
unlicensed operation in the 57-64 GHz band.
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interference from 60 GHz devices to radio astronomy service.
40.
Consistent with this experience, we find that interference to RAS stations is unlikely.
First, RAS receivers discriminate against off-axis signals. Second, such receivers are typically located in
rural areas, not the urban areas where outdoor point-to-point 60 GHz devices are likely to be found.
Third, the severe propagation losses of RF signals in the 60 GHz band due to oxygen absorption and
atmospheric conditions,103 and the highly focused and directional emissions of 60 GHz devices limit any
potential for interference from fundamental emissions to RAS such that we do not believe that sharing of
this service with 60 GHz devices at higher EIRP levels is a cause for concern. We also do not find that
the effect of harmonic and other spurious emissions from 60 GHz devices warrants an extension of the
upper frequency band placed on spurious emissions of 60 GHz devices, because as we discussed above,
the difference in atmospheric attenuation between 200 GHz and 231.5 GHz is not significant enough to
affect the acceptable level of emissions from both spurious and harmonic emissions ensured by operation
of our existing rules. In addition, as noted above, we find that NRAO's request to exclude Part 15
operations from the entire 57-58 GHz band is outside of the scope of this proceeding. As for NRAO's
request for a geographical separation zone around specific RAS sites, we note that in permitting the 57-64
GHz band to be used for unlicensed operations, the Commission already took into account the
182-185 GHz RAS band, when it adopted the present spurious emission limit, and we are keeping this
limit the same, even though we are allowing higher fundamental emission limits, thereby providing the
same protection to RAS frequencies as if the fundamental levels are unchanged from existing rules.104
We therefore deny NRAO's request.

D.

Transmitter ID

41.
Section 15.255(i) of the rules requires that 60 GHz unlicensed emissions that emanate
inside a building include a transmitter ID in order to permit users experiencing interference from indoor
wireless local area network (LAN) devices to more accurately identify the source of the interference; this
transmitter ID must indicate the manufacturer and type of each unit of equipment.105 This requirement
does not apply to devices with transmitting antennas located outdoors.106 In the NPRM, the Commission
proposed to eliminate the transmitter ID requirement for any indoor devices whose emissions are directed
outdoors, e.g., through a window.107 The Commission stated that any interference potential likely will be
localized around a window link, and it is more likely that any 60 GHz emissions that are reflected from
the glass in a window link will be attenuated by the walls and other surrounding objects and will not
impact operations in adjacent areas. The Commission also sought comment on whether the transmitter ID
requirement should be eliminated for all 60 GHz systems, as the proximity of indoor co-located

103 Free space path loss (FSPL) for a 60 GHz signal is 77.56 dB and for a 230 GHz signal is 89.22 dB at 3 meters
from the transmitter (i.e., FSPL (in dB)= 20 log F + 20 log d 147.55, where F is the signal frequency in Hertz and
d is the distance from the transmitter in meter).
104 See First R&O/Second NPRM in ET Docket No. 94-124, 11 FCC Rcd. 4481, 4502 (1995) at para. 48.
105 The Commission adopted the transmitter identification requirement based on a spectrum etiquette submitted by
the Millimeter Wave Communications Working Group (MWCWG), to which there was no objection. See
Amendment Of Parts 2, 15 And 97 Of The Commission's Rules To Permit Use Of Radio Frequencies Above 40 GHz
For New Radio Applications
, Third Report and Order, ET Docket No. 94-124, 13 FCC Rcd. 15074, 15075 (1998) at
para. 11. See also, 47 C.F.R. 15.255(i).
106 See Report and Order in ET Docket 99-261, 15 FCC Rcd. 25264, 25281 (2000) at para. 41. The Commission
stated that the victim of interference from outdoor equipment would not be able to determine the identity of the
manufacturer in order to get its instructions on how to detect and decode its transmitter ID, and thus, the victim
could not decode the transmitter ID without first identifying the manufacturer. The Commission also noted that with
outdoor point-to-point systems, the need to identify and decode the transmitter ID is unlikely to be a problem. Id.
107 NPRM, 22 FCC Rcd. 10505, 10513 (2007), at para. 19.
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equipment should allow the user to identify the interfering transmitter to other indoor devices without
having to use this feature.108
42.
Comments. BridgeWave strongly supports the proposal, stating that window applications
are quite rare because office buildings occupants rarely tolerate indoor mounting of a radio behind a
window.109 Motorola further recommends eliminating this requirement for all 60 GHz devices, stating that
this requirement imposes unnecessary equipment costs, and should be eliminated to enable the
development of lower cost indoor transceivers.110 No party objected to the proposal, although Cisco is
concerned about future co-existence between the high-power EIRP devices and low-power WPAN products
and notes that the elimination of this requirement may make co-existence more difficult.111
43.
Decision. We are modifying the rules to eliminate the transmitter ID requirement for all
60 GHz devices. Cisco has urged the Commission to consider the work of multiple standards bodies in its
deliberations.112 We observe that since the release of the NPRM, industry standards have been adopted
for indoor 60 GHz WPAN devices which provide more efficient and cost-effective interference avoidance
techniques, such as channelization, carrier sense multiple access with collision avoidance (CSMA/CA),
beacon frames, etc. These techniques are similar to those implemented by wireless networking products
operating in the crowded region of 2.4 GHz or 5.8 GHz frequencies where WPAN devices must co-exist
with other WPAN devices as well.113 We find that, with these technological advances, co-existence
between these 60 GHz devices is better resolved by voluntary standards than by a transmitter
identification requirement.114 Except for Cisco's concern (which also reflects questions about higher
power indoor devices that we have declined to permit) , the record in this proceeding provides no support
for retaining this requirement. As discussed above, our decision to limit higher power EIRP transmitters
to outdoor applications and the factors in our assessment of the interference potential from window links
above should alleviate Cisco's and the WPAN industry's concerns, while elimination of the
transmitter ID requirement for all 60 GHz devices will lower costs for all 60 GHz devices, including
WPAN devices.115 We therefore find that it is unnecessary to maintain a requirement that can add costs to
equipment design and installation without any demonstrated countervailing benefit. Accordingly, we are
amending our rules to eliminate the transmitter ID requirements for all 60 GHz devices.

IV.

PROCEDURAL MATTERS

44.
Final Regulatory Flexibility Analysis. As required by the Regulatory Flexibility Act, 5
U.S.C. 603, the Commission has prepared a Final Regulatory Flexibility Analysis (FRFA) of the
possible significant economic impact on small entities. The FRFA is set forth in Appendix A.
45.
Paperwork Reduction Act. This document contains a non-substantial modification to
existing information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. In addition, therefore, it does not contain any new or modified "information
collection burden for small business concerns with fewer than 25 employees," pursuant to the Small

108 Id., at para. 20.
109 BridgeWave supplemental comments filed on April 9, 2010, at p. 3.
110 Motorola reply comments at p. 2.
111 Cisco comments at fn. 1.
112 Id. at p. 1.
113 See e.g., IEEE 802.15.3c-2009 Wireless MAC and PHY specifications for High Rate WPANs.
114 Id.
115 Outdoor 60 GHz devices are not required to incorporate a transmitter ID. 47 C.F.R. 15.255(i).
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Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
46.
Congressional Review Act. The Commission will send a copy of this Report and Order in
a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A).

V.

ORDERING CLAUSES

47.
Accordingly, IT IS ORDERED that pursuant to the authority contained in Sections 4(i),
301, 302, 303(e) and 303(f) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 301,
302a, 303(e) and 303(f), this Report and Order is hereby ADOPTED and Part 15 of the Commission's
Rules ARE AMENDED as set forth in Appendix C, effective [30 days after date of publication in the
Federal Register]
.
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48.
IT IS FURTHER ORDERED that the Commission's Consumer and Governmental
Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Report and Order, including
the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business
Administration.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
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Appendix A

Final Regulatory Flexibility Analysis

1.
As required by the Regulatory Flexibility Act (RFA),1 an Initial Regulatory Flexibility
Analysis (IRFA) was incorporated in the Notice of Proposed Rulemaking (NPRM) in ET Docket No. 07-
113.2 The Commission sought written public comment on the proposals in the NPRM, including
comment on the IRFA. This present Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.

A.

Need for, and Objectives of, the Report and Order.

2.
The Report and Order amends the regulations for outdoor 60 GHz radio frequency
devices that do not require a license to permit an increase in the allowable emitted signal level for systems
using very high gain directional antennas; to allow the emissions from all 60 GHz systems to be measured
as an equivalent isotropically radiated power (EIRP); and to eliminate the need for all 60 GHz systems to
emit a transmitter ID signal. The new rules for higher emission limits will promote longer communication
ranges for unlicensed outdoor point-to-point 60 GHz broadband digital systems and thereby extend the
ability of such systems to supply very high speed broadband service to office buildings and other
commercial facilities, promoting broader deployment of point-to-point digital systems in this band. These
longer range systems also could have significant benefits for economic development and job growth by
providing additional competition in the broadband market and lowering cost for broadband access to
small business owners, enabling the operation of communications systems in support of 4th generation
(4G) wireless and furthering the Commission's objectives to bring broadband access to every American.
In addition, amending the rules to permit the emission limit for any 60 GHz device to be specified as an
EIRP conducted power level would promote repeatability of measurement data, facilitating compliance
measurements and saving costs for entities making products that must comply with our rules. Further,
eliminating the requirement for transmitter identification (transmitter ID) for all 60 GHz equipment would
enable the development of lower cost indoor systems in this band. The rule changes in this Report and
Order therefore will provide needed flexibility and cost savings for unlicensed devices to support
broadband service in the 60 GHz band.

B.

Statement of Significant Issues Raised by Public Comments in Response to the IRFA.

3.
There were no public comments filed that specifically addressed the rules and policies
proposed in the IRFA.

C.

Response to Comments by the Chief Counsel for Advocacy of the Small Business
Administration.

4.
Pursuant to the Small Business Jobs Act of 2010, the Commission is required to respond
to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration, and to
provide a detailed statement of any change made to the proposed rules as a result of those comments. The
Chief Counsel did not file any comments in response to the proposed rules in this proceeding.

1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 60-612, has been amended by the Small Business Regulatory
Enforcement Fairness Act of 1966 (SBREFA), Public Law No. 104-121, Title II, 110 Stat. 857 (1996), and the
Small Business Jobs Act of 2010, Public Law No. 111-240, 124 Stat. 2504 (2010).
2 See In the Matter of Revision of the Commission's Rules Regarding Operation in the 57-64 GHz Band in
ET Docket 07-113, Notice of Proposed Rulemaking (NPRM), 22 FCC Rcd. 10505 (2007).

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D.

Description and Estimate of the Number of Small Entities to Which the Rules Will Apply.

5.
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.3 The RFA defines the
term "small entity" as having the same meaning as the terms "small business," "small organization," and
"small business concern" under Section 3 of the Small Business Act.4 Under the Small Business Act, a
"small business concern" is one that: (1) is independently owned and operated; (2) is not dominant in its
field of operations; and (3) meets may additional criteria established by the Small Business
Administration (SBA).5
6.

Small Businesses, Small Organizations, and Small Governmental Jurisdictions.

Our
action may, over time, affect small entities that are not easily categorized at present. We therefore
describe here, at the outset, three comprehensive, statutory small entity size standards that encompass
entities that could be directly affected by the proposals under consideration.6 As of 2009, small
businesses represented 99.9% of the 27.5 million businesses in the United States, according to the SBA.7
Additionally, a "small organization" is generally "any not-for-profit enterprise which is independently
owned and operated and is not dominant in its field."8 Nationwide, as of 2007, there were approximately
1,621,315 small organizations.9 Finally, the term "small governmental jurisdiction" is defined generally
as "governments of cities, counties, towns, townships, villages, school districts, or special districts, with a
population of less than fifty thousand."10 Census Bureau data for 2007 indicate that there were 89,527
governmental jurisdictions in the United States.11 We estimate that, of this total, as many as 88,761
entities may qualify as "small governmental jurisdictions."12 Thus, we estimate that most governmental
jurisdictions are small.
7.
The adopted rules pertain to manufacturers of unlicensed communications devices. The

3 See 5 U.S.C. 603(b)(3).
4 Id. 601(3).
5 Id. 632.
6 See 5 U.S.C. 601(3)(6).
7 See SBA, Office of Advocacy, "Frequently Asked Questions," available at
http://web.sba.gov/faqs/faqindex.cfm?areaID=24 (last visited Aug. 31, 2012).
8 5 U.S.C. 601(4).
9 INDEPENDENT SECTOR, THE NEW NONPROFIT ALMANAC & DESK REFERENCE (2010).
10 5 U.S.C. 601(5).
11 U.S. CENSUS BUREAU, STATISTICAL ABSTRACT OF THE UNITED STATES: 2011, Table 427 (2007).
12 The 2007 U.S Census data for small governmental organizations are not presented based on the size of the
population in each such organization. There were 89,476 local governmental organizations in 2007. If we assume
that county, municipal, township, and school district organizations are more likely than larger governmental
organizations to have populations of 50,000 or less, the total of these organizations is 52,095. If we make the same
population assumption about special districts, specifically that they are likely to have a population of 50,000 or less,
and also assume that special districts are different from county, municipal, township, and school districts, in 2007
there were 37,381 such special districts. Therefore, there are a total of 89,476 local government organizations. As a
basis of estimating how many of these 89,476 local government organizations were small, in 2011, we note that
there were a total of 715 cities and towns (incorporated places and minor civil divisions) with populations over
50,000. CITY AND TOWNS TOTALS: VINTAGE 2011 U.S. Census Bureau, available at
http://www.census.gov/popest/data/cities/totals/2011/index.html. If we subtract the 715 cities and towns that meet
or exceed the 50,000 population threshold, we conclude that approximately 88,761 are small. U.S. CENSUS
BUREAU, STATISTICAL ABSTRACT OF THE UNITED STATES 2011, Tables 427, 426 (Data cited therein are
from 2007).
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appropriate small business size standard is that which the SBA has established for radio and television
broadcasting and wireless communications equipment manufacturing. The Census Bureau defines this
category as follows: "This industry comprises establishments primarily engaged in manufacturing radio
and television broadcast and wireless communications equipment. 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."13 The SBA has developed a small business size standard for firms in this
category, which is: all such firms having 750 or fewer employees.14 According to Census Bureau data
for 2007, there were a total of 939 establishments in this category that operated for part or all of the entire
year. Of this total, 784 had less than 500 employees and 155 had more than 100 employees.15 Thus,
under this size standard, the majority of firms can be considered small.

E.

Description of Projected Reporting, Record keeping and Other Compliance Requirements.

8.
The Report and Order contains a non-substantial modification to the information
collection requirements. The rules adopted in this Report and Order will apply to small businesses that
choose to use, manufacture, design, import, or sell Part 15 60 GHz devices. There is no requirement,
however, for any entity to use, market, or produce these types of products. Small businesses are already
subject to the existing rules with regard to reporting, record keeping and other compliance requirements
related to 60 GHz devices. The rules adopted in this Report and Order do not add substantial additional
compliance burden on small businesses.

F.

Steps taken to Minimize Significant Economic Impact on Small Entities and Significant

Alternatives Considered.

9.
The RFA requires an agency to describe any significant 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 or reporting requirements under the rule for 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 small
entities.16
10.
In this Report and Order, we modify our rules for outdoor 60 GHz radio frequency
devices that do not require a license to permit an increase in the allowable emitted signal level for systems
using very high gain directional antennas; to allow the emissions from all 60 GHz systems to be measured
as an equivalent isotropically radiated power (EIRP); and to eliminate the need for all 60 GHz systems to
emit a transmitter ID signal. The new rules for higher emission limits will promote longer communication
ranges for unlicensed point-to-point 60 GHz broadband digital systems and thereby extend the ability of
such systems to supply very high speed broadband service to office buildings and other commercial
facilities, promoting broader deployment of point-to-point digital systems in this band. These longer range
devices and services could also have significant benefits for economic development and for consumers
and businesses by providing additional competition in the broadband market, lowering costs of broadband
access to small businesses without increasing the potential for harmful interference. In addition, amending

13 U.S. Census Bureau, 2007 NAICS Definitions, "334220 Radio and Television Broadcasting and Wireless
Communications Equipment Manufacturing"; http://www.census.gov/naics/2007/def/ND334220.HTM#N334220.
14 13 C.F.R. 121.201, NAICS code 334220.
15 http://factfinder.census.gov/servlet/IBQTable?_bm=y&-fds_name=EC0700A1&-geo_id=&-_skip=300&;-
ds_name=EC0731SG2&-_lang=en.
16 5 U.S.C. 603(c).
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the rules to permit the emission limit for any 60 GHz device to be specified as an EIRP conducted power
level would promote repeatability of measurement data, facilitating compliance measurements and saving
costs for large and small entities making products that must comply with our rules. Further, the
elimination of the transmitter identification requirement would lower cost and benefit small businesses
and consumers of all 60 GHz devices, thereby promoting cost savings without imposing additional
regulatory burden.

G.

Report to Congress.

11. The Commission will send a copy of the Report and Order, including this FRFA, in a report to
be sent to Congress pursuant to the Congressional Review Act.17 In addition, the Commission will send a
copy of the Report and Order, including this FRFA, to the Chief Counsel for Advocacy of the SBA. A copy
of the Report and Order and FRFA (or summaries thereof) will also be published in the Federal Register.18

17 See 5 U.S.C. 801(a)(1)(A).
18 See 5 U.S.C. 604(b).
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Appendix B

Parties Submitting Comments

Comments

1. BridgeWave Communications, Inc. (BridgeWave)
2. Cisco Systems, Inc. (Cisco)
3. IEEE 802.18 Radio Technical Advisory Group (IEEE RR-TAG)
4. National Radio Astronomy Observatory (NRAO)
5. Space Frequency Coordination Group (SFCG)
6. Wireless Communications Association International, Inc. (WCA)
7. World Meteorological Organization (WMO)

Reply Comments

1. BridgeWave Communications, Inc. (BridgeWave)
2. Motorola Inc. (Motorola)
3. Wireless Communications Association International, Inc. (WCA)
4. Panasonic Corporation of North America (Panasonic) (ex parte)
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Appendix C

Final Rule changes

For the reasons discussed in the preamble, the Federal Communications Commission amends 47 C.F.R. parts
2 and 15 as follows:

PART 2 FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS;

GENERAL RULES AND REGULATIONS

1. The authority citation for part 2 continues to read as follows:

AUTHORITY:

47 U.S.C. 154, 302a, 303, and 336, unless otherwise noted.
2. Section 2.1033 is amended by revising paragraph (b)(11) to read as follows:
2.1033 Application for certification.
* * * * *
(b) * * *
* * * * *
(11) Applications for certification of transmitters operating within the 59.0-64.0 GHz band under part 15
of this chapter shall also be accompanied by an exhibit demonstrating compliance with the provisions of
Section 15.255 (g) of this chapter.
* * * * *

PART 15 - RADIO FREQUENCY DEVICES

3. The authority citation for part 15 continues to read as follows:

AUTHORITY:

47 U.S.C. 154, 302a, 303, 304, 307 and 544A.
2. Section 15.204 is amended by revising paragraph (c) to read as follows:
15.204 External radio frequency power amplifiers and antenna modifications.
* * * * *
(c) An intentional radiator may be operated only with the antenna with which it is authorized. If an
antenna is marketed with the intentional radiator, it shall be of a type which is authorized with the
intentional radiator. An intentional radiator may be authorized with multiple antenna types. Exceptions
to the following provisions, if any, are noted in the rule section under which the transmitter operates, e.g.,
Section 15.255(b)(1)(ii) of this part.
* * * * *
4. Section 15.255 is amended by revising paragraphs (b), (e), (f) and removing paragraph (i) to read as
follows:
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15.255 Operation within the band 57-64 GHz.
* * * * *
(b) Within the 57-64 GHz band, emission levels shall not exceed the following equivalent isotropically
radiated power (EIRP):
(1) Products other than fixed field disturbance sensors shall comply with one of the following
emission limits, as measured during the transmit interval:
(i) Except as indicated in paragraph (ii) below, the average power of any emission shall not
exceed 40 dBm and the peak power of any emission shall not exceed 43 dBm.
(ii) For transmitters located outdoors, the average power of any emission shall not exceed
82 dBm minus 2 dB for every dB that the antenna gain is less than 51 dBi. The peak power of any
emission shall not exceed 85 dBm minus 2 dB for every dB that the antenna gain is less than 51 dBi. The
provisions of Sections 15.204(c)(2) and (c)(4) of this part that permit the use of different antennas of the
same type and of equal or less directional gain do not apply to intentional radiator systems operating
under this provision. In lieu thereof, intentional radiator systems shall be certified using the specific
antenna(s) with which the system will be marketed and operated. Compliance testing shall be performed
using the highest gain and the lowest gain antennas for which certification is sought and with the
intentional radiator operated at its maximum available output power level. The responsible party, as
defined in Section 2.909 of this chapter, shall supply a list of acceptable antennas with the application for
certification.
(2) For fixed field disturbance sensors that occupy 500 MHz or less of bandwidth and that are
contained wholly within the frequency band 61.0-61.5 GHz, the average power of any emission,
measured during the transmit interval, shall not exceed 40 dBm, and the peak power of any emission shall
not exceed 43 dBm. In addition, the average power of any emission outside of the 61.0-61.5 GHz band,
measured during the transmit interval, but still within the 57-64 GHz band, shall not exceed 10 dBm, and
the peak power of any emission shall not exceed 13 dBm.
(3) For fixed field disturbance sensors other than those operating under the provisions of paragraph
(b)(2) of this section, the peak transmitter conducted output power shall not exceed -10 dBm and the peak
EIRP level shall not exceed 10 dBm.
(4) The peak power shall be measured with an RF detector that has a detection bandwidth that
encompasses the 57-64 GHz band and has a video bandwidth of at least 10 MHz. The average emission
levels shall be calculated based on the measured peak levels, over the actual time period during which
transmission occurs. Measurement procedures that have been found to be acceptable to the Commission
in accordance with 2.947 of this chapter may be used to demonstrate compliance.
* * * * *
(e) Except as specified below, the peak transmitter conducted output power shall not exceed 500 mW.
Depending on the gain of the antenna, it may be necessary to operate the intentional radiator using a
lower peak transmitter output power in order to comply with the EIRP limits specified in paragraph (b) of
this section.
(1) Transmitters with an emission bandwidth of less than 100 MHz must limit their peak transmitter
conducted output power to the product of 500 mW times their emission bandwidth divided by 100 MHz.
For the purposes of this paragraph, emission bandwidth is defined as the instantaneous frequency range
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occupied by a steady state radiated signal with modulation, outside which the radiated power spectral
density never exceeds 6 dB below the maximum radiated power spectral density in the band, as measured
with a 100 kHz resolution bandwidth spectrum analyzer. The center frequency must be stationary during
the measurement interval, even if not stationary during normal operation (e.g., for frequency hopping
devices).
(2) Peak transmitter conducted output power shall be measured with an RF detector that has a
detection bandwidth that encompasses the 57-64 GHz band and that has a video bandwidth of at least
10 MHz. Measurement procedures that have been found to be acceptable to the Commission in
accordance with 2.947 of this chapter may be used to demonstrate compliance.
(3) For purposes of demonstrating compliance with this paragraph, corrections to the transmitter
conducted output power may be made due to the antenna and circuit loss.
* * * * *
(f) Frequency stability. Fundamental emissions must be contained within the frequency bands specified
in this section during all conditions of operation. Equipment is presumed to operate over the temperature
range -20 to +50 degrees Celsius with an input voltage variation of 85% to 115% of rated input voltage,
unless justification is presented to demonstrate otherwise.
* * * * *
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STATEMENT OF

ACTING CHAIRWOMAN MIGNON L. CLYBURN

Re:
Revision of Part 15 of the Commission's Rules Regarding Operation in the 57-64 GHz Band, ET
Docket No. 07-113 and RM-11104
For years, the Commission has championed the concept of opening higher spectrum bands to
encourage the development of new products and services. Spectrum above 1 GHZ, which was once
thought to be inappropriate for consumer products, now supports many innovative devices on an
unlicensed basis, such as Wi-Fi, Bluetooth, cordless phones, and even baby monitors. Roughly fifteen
years ago, the Commission opened spectrum in the 57-64 GHz band, for the development of unlicensed,
short-range devices. Those seeds that were planted, over a decade ago, are just now beginning to blossom
with the introduction of Wi-Gig technology that can carry data at gigabit per second speeds over short
distances for consumer products.
By making a number of changes to the technical requirements, today's item takes another
important step to encourage the technological development in these spectrum bands. For example,
increasing the emission limits for outdoor fixed applications will extend the reach of fiber optic networks,
and promote broadband backhaul links between cellular base stations.
Tapping into the lightly used upper reaches of the spectrum is an important component in our
overall strategy for meeting the high bandwidth demands of tomorrow's networks. It will also help
promote expansion of wireless broadband services to rural areas of our country.
Eliminating the requirement for transmitting ID information will promote greater use of wireless-
personal-area-networking or WPAN-- devices. These are the devices that currently allow your personal
computer to connect with your HD TV and your Blu-Ray digital video recorders. Today's Order allows
manufacturers to reduce administrative costs and invest in greater technological innovation. I am excited
to see what future developers will come up with next.
Our Technological Advisory Council has a Working Group on spectrum frontiers that is looking
at ways to identify spectrum bands, which have the potential to become the new "beachfronts," and to
assess technical or policy changes necessary to enable use of this spectrum. We look forward to receiving
those recommendations later this year.
I commend Julie Knapp and his talented staff in the Office of Engineering and Technology for
presenting us with another terrific item.
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STATEMENT OF

COMMISSIONER JESSICA ROSENWORCEL

Re:
Revision of Part 15 of the Commission's Rules Regarding Operation in the 57-64 GHz Band, ET
Docket No. 07-113 and RM-11104
With this proceeding, it feels like we go to the galaxy and beyond. We explore the far reaches of
our current horizons for spectrum policy. Instead of talking, as we usually do, of spectrum at 5 GHz or
below, we set our sights higher. Much higher. We take action in the 60 GHz band.
That is way up there. So what can we use this lofty frequency for?
As it turns out, some really neat things.
First, the 60 GHz band can be used outdoors to send unlicensed signals from one building to the
next. That means new ways of extending the reach of fiber optic networks from buildings that are
connected to those that are not, without the crushing time and expense of trenching and construction. So
to help facilitate these opportunities, we increase outdoor power limits and improve our metrics for
measuring interference.
Second, the 60 GHz band can be used indoors to form wide bandwidth channels for a new Wi-Fi
standard called 802.11ad. This new standard can lead to the development of small personal networks,
ideal for streaming high-definition videos to multiple devices in the same room. That means when you
bring up something on your laptop and yearn to see it on a big screen or share it with others nearby, you
can instantaneously port it to your television set. But that is only one neat way to use this technology;
because there is endless cool that can come with your own personal wireless network.
While we are at it, let's go beyond the potential in the Wi-Fi standard at issue here--802.11ad--
and talk about another Wi-Fi technology--802.11ac. Admittedly, this sounds like techno babble. It reads
like a jumble of numbers and letters that only an engineer could love. But we should all have affection
for the power of Wi-Fi and the possibilities these two standards could unleash. The former, 802.11ad,
uses the 60 GHz band to provide unlicensed services across a room. The latter, 802.11ac, uses the 5 GHz
band to enable unlicensed networks across a city. Together they can pack a powerful punch.
It was six months ago when the Commission began its proceeding on 5 GHz, noting the
possibilities for unlicensed spectrum in the 5.150-5.250 GHz band and the potential for use with the
802.11ac standard. Fast forward. On July 17 of last month, our federal colleagues wrote an important
letter regarding ongoing efforts to make the 1755-1780 MHz band available for auction in the near term.
But in some ways, this letter buried the lede. Because in it, they noted that they do not need access to this
portion of the 5 GHz band for telemetry, leaving it available for Wi-Fi consideration.
We should go beyond our efforts in the 60 GHz band here and also seize this opportunity. We
can take the flexible rules that have been the script for an unlicensed success story in the 5.725-5.825
GHz band and expand them to this lower portion of the 5 GHz band. If we do, the 802.11ac standard is
bound to really take off. This will mean more potential for unlicensed in this band--and less congestion
on licensed wireless networks.
From the 5 GHz band to the heights of 60 GHz, our unlicensed policies can do a range of good
and innovative things. So I hope we can continue to be on the lookout for new ideas for unlicensed
services--across multiple spectrum bands.
30

Federal Communications Commission

FCC 13-112

Thank you to the Office of Engineering and Technology for your terrific work way up there in the
60 GHz band. You are pushing the frontiers of our spectrum policy, and with the sky no longer the limit,
I am proud to support your efforts--including this Report and Order.
31

Federal Communications Commission

FCC 13-112

STATEMENT OF

COMMISSIONER AJIT PAI

Re:
Revision of Part 15 of the Commission's Rules Regarding Operation in the 57-64 GHz Band, ET
Docket No. 07-113 and RM-11104
We spend a lot of time thinking about the best spectrum policy for the 600 MHz band. In fact, we
will discuss the 600 MHz band later this morning. But first, we shorten our attention span. Literally--
wavelengths at 60 GHz are approximately 100 times shorter than the wavelengths found in the broadcast
spectrum. This is extremely high-frequency spectrum. It's so high that it didn't even make it onto the list
of so-called "junk" bands that the Commission made available for unlicensed use in the 1980s.
However, to borrow the title of a 1985 film starring Emilio Estevez, "That Was Then, This Is
Now." Currently, one of the biggest challenges we face at the Commission is harnessing enough
spectrum to accommodate the growing demand for mobile broadband services. The 60 GHz band can
play an important role in meeting this challenge. The signals' short-range propagation and inability to
penetrate walls allows for heavy reuse of the spectrum in dense urban areas without causing interference.
And critically, the channels are wide; we have previously allocated an enormous 7 GHz of spectrum for
unlicensed use. This large, contiguous swath of spectrum between 5764 GHz could enable high data
throughput--precisely what is needed for advanced wireless applications.
This is why I enthusiastically support today's order. It modernizes the Part 15 unlicensed rules
that govern the 60 GHz band, which were established about a decade before we fully understood the
potential for these frequencies. It allows a sensible increase in power levels, eliminates the obsolete
mandate that devices transmit identification information, and streamlines other rules. In sum, it makes
using 60 GHz spectrum easier and less expensive.
So what will it be used for? We're still in the early stages of development, but the 60 GHz band
holds promise for meeting the needs of consumers who increasingly use high-bandwidth applications.
Already, the new 60 GHz IEEE 802.11ad standard (known as WiGig) will enable consumers to stream
uncompressed high definition video from a DVD player, a tablet, or a personal computer to a television in
the same room without relying on a wired connection. Other applications are limited only by the
imagination: point-to-point backhaul, machine-to-machine communications, the list goes on. Both as a
Commissioner and as a consumer, I'm excited to see the innovation that these reforms will spur in the
years to come.
I commend Chairwoman Clyburn for her leadership and thank the Office of Engineering
Technology for its thoughtful treatment of the issues in this rulemaking. The prospect of a world gone
wireless makes it crucial that the Commission establish a forward-thinking, flexible spectrum policy.
Today's order is an example of the agency doing just that.
32

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