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Rules to Permit Radiolocation Operations in teh 78-81 GHz Band

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Released: September 30, 2013

Federal Communications Commission

Washington, D.C. 20554
` September 30, 2013

DA 13-2013

Small Entity Compliance Guide

Amendment of the Commission's Rules to Permit Radiolocation Operations

in the 78-81 GHz Band

FCC 13-95

WP Docket No. 11-202

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

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

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

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

Fax: 1-866-418-0232

fccinfo@fcc.gov

TABLE OF CONTENTS

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


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

III. RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS..................................... 3
IV. WEBLINK ............................................................................................................................................ 4


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I.

OBJECTIVES OF THE PROCEEDING

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

II.

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

In the Report and Order the Commission took the following actions:

Amended Subpart F of Part 90 of the Commission's Rules to authorize only FOD
detection radar on a licensed basis.1

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

III.

RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS

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

1 See 47 C.F.R. 90.103.
3

IV.

WEBLINK

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

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Document Outline


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