                                Before the
                      FEDERAL COMMUNICATIONS COMMISSION
                         Washington, DC 20554

In the Matter of                                      )
                                                      )
Amendment of Parts 2, 15, and 21                      )
of the Commission's Rules to Permit                   ) ET Docket No.  94-124
Use of Radio Frequencies Above 40 GHz                 ) RM-8308
for New Radio Applications                            )

                        NOTICE OF PROPOSED RULE MAKING

Adopted: October 20, 1994;              Released: November 8, 1994;

Comment Date: January 30 , 1995
Reply Comment Date: March 1, 1995

By the Commission:

                             INTRODUCTION

     By this action, the Commission proposes to open for commercial
development and use a portion of the "millimeter wave" frequency bands above
40 GHz.  To date, millimeter wave technology has been limited to military and
scientific applications.  The proposals set forth herein will encourage use
of this technology in commercial products and services.  

     In particular, the Commission proposes to make available a total of 16
GHz of spectrum in the frequency range between 47.2 and 153 GHz on a shared
basis with existing and future government users.  The Commission also
proposes to make available 2 GHz of spectrum in the 40.5-42.5 GHz band for
non-government users for a total of 18 GHz.  These new frequency bands will
permit the development of short-range wireless radio systems with
communications capacities approaching that now achievable only with coaxial
and optical fiber cable.  Such systems could support many short-range
applications that require very high bandwidth or data transfer rates.  Uses
could include applications involving the National Information Infrastructure
(NII); educational or medical applications such as remote wireless access to
libraries or other informational databases; and non-communications uses such
as automobile radar systems to avoid collisions.  The proposed rules provide
for the operation of such systems on both a licensed and an unlicensed basis.
The Commission is also proposing technical standards for millimeter wave band
equipment and operation.  

     The Commission believes that the proposals set forth herein will provide
the American public with access to new products and communications services;
provide new opportunities for American business and industry; and, promote
new jobs and economic growth in the United States.  

                               BACKGROUND

     The radio spectrum above 40 GHz is generally unused at the present time
and until recently the technology to operate in this portion of the spectrum
has been prohibitively expensive.  In recent years, however, the U.S. 
Government has funded projects in millimeter wave technology for a number of
military and scientific applications.  For example, such technology is used
for guidance systems on "smart" munitions, for advanced radar systems, and
for remote sensing applications.  Given these advances, it now appears that
millimeter wave technology can be used for more general radio communications
applications.  

     Interest has also been shown in developing millimeter wave technology
for vehicular radar systems.  In this regard, we have received a petition for
rule making from General Motors Research Corporation (GM) requesting that we
permit the use of automotive radar systems in the 76-77 GHz band.  In its
petition, GM indicates that its radar system would alert a driver to
potentially hazardous situations in the path of the vehicle.  It states that
its proposed product would not cause harmful interference to existing or
future communications users and would have a low susceptibility to receiving
interference due to the type of modulation employed, the use of low transmit
power and the use of a narrow beam antenna.  GM also indicates that the 76-77
GHz band has been proposed for radar and future road guidance systems within
Europe.  GM states that allocation of the same spectrum in the U.S.  would
enable it to produce a single product for both the U.S.  and Europe,
permitting GM and other U.S.  auto makers to control costs and enhance
productivity.  

      Ford Motor Company (Ford), Chrysler Corporation (Chrysler), VORAD
Safety Systems, Inc.  (VORAD) and the American Automobile Manufacturers
Association (AAMA) submitted comments responding to GM's petition.  These
parties request that we expand GM's proposal to include other frequency
bands.  For example, AAMA, which is composed of Ford, Chrysler and GM,
indicates that its members desire to use spectrum in the bands 24.75-25.25
GHz, 37.5-38.5 GHz, 76-77 GHz, 92-95 GHz, 139-141 GHz and 152-154 GHz.  VORAD
requests that we allow operation of vehicular radar transmitters in 200 MHz
of spectrum somewhere within the 46-50 GHz band.  Reply comments supporting
the positions of the commenting parties were filed by GM, VORAD, AAMA and
Rockwell International Corporation (Rockwell).  

                            DISCUSSION

     The millimeter wave region of the spectrum is a major resource that is
essentially undeveloped and is unavailable today for commercial use.  It has
been our experience that opening regions of the spectrum to commercial
applications and technologies fosters the development and growth of new
industries and jobs.  For example, opening spectrum in the 2 GHz range for
commercial development on both a licensed and unlicensed basis for personal
communications services (PCS) has stimulated investment and technological
development in that spectrum that promise to bring tremendous benefits to
consumers and the economy in the form of new communications services, lower
costs and a more competitive industry.  Opening certain unlicensed bands to
spread spectrum technology only a few years ago has similarly stimulated
rapid commercial development of that technology so that today millions of
spread spectrum devices are used by numerous businesses and other users for
such diverse applications as remote meter reading, utility load management,
voice-secure cordless telephones, and radio local area networks.  We believe
that opening portions of the millimeter wave spectrum will similarly
stimulate new applications of radio technology for the American public,
facilitate technology transfer from the military sector, and create
opportunities for economic growth and jobs.  This action will also promote
United States competitiveness internationally by enabling development of
technology for potential use in other parts of the world.  

     The propagation of millimeter wave radio signals is more limited than
that of radio signals at lower frequencies.  Signals in the millimeter wave
bands are significantly affected by the presence of oxygen and water vapor
within the atmosphere.  Absorption and scattering caused by oxygen and water
vapor limit the range of millimeter wave transmissions to a few kilometers
almost regardless of the power used.  While the limited range of such
transmissions might appear to be a major disadvantage, the ability to reuse
frequencies within very short distances will allow a higher concentration of
transmitters to be located in a geographical area than is possible with
lower-frequency transmitters.  In addition, the wide bandwidth that is
possible in the millimeter wave spectrum can support the operation of
wireless communications links with capacity approaching that of coaxial cable
and fiber-optic systems.  

     Millimeter wave spectrum is suitable for many types of short-range
communications systems.  The large amount of spectrum available at these
frequencies can accommodate the wide channel bandwidth that is needed for
rapid transmission of large volumes of data.  For example, millimeter wave
technology applications could include transmission of high resolution video
images, access to large data bases, and communication system backbones.  Such
systems could also provide short-range wireless access to the NII with wider
bandwidth, and therefore greater capacity, than is available from systems
operating in lower frequency bands.  While spectrum to accommodate wide
bandwidth applications is becoming scarce below 40 GHz, the millimeter wave
region of the spectrum is largely unused and can accommodate those
bandwidths.  In addition, as indicated by GM and other automotive vehicle
manufacturers, these frequencies can be used for many types of vehicular
applications, such as collision avoidance radars and highway guidance
systems.  

     Section 303(g) of the Communications Act (Act) directs the Commission to
"generally encourage the larger and more effective use of radio in the public
interest."  In addition, Section 7 of the Act states that "[i]t shall be the
policy of the United States to encourage the provision of new technologies
and services to the public."  One of the ways we accomplish these statutory
goals is to continually seek opportunities to encourage new product
development in the telecommunications industry.  New products result in
economic development and job growth in the United States, and provide the
American public with access to new and innovative communications
technologies.  The proposals set forth herein are intended to further these
goals.  


Proposed Frequency Bands 

     We are proposing to open a total of 18 GHz of spectrum between 40.5 and
153 GHz for commercial development.  All of the spectrum above 40 GHz, with
the exception of the 40.5- 42.5 GHz band, several Amateur Radio Service
allocations, and a Government satellite allocation , is allocated on a shared
basis to government and non-government use, and most of the bands we are
proposing to open for commercial use will continue to be available for
existing and future government use.  Thus, in cooperation with the Department
of Commerce's National Telecommunications Information Administration (NTIA),
we are proposing twelve frequency bands in the region of the spectrum from 47
GHz to 153 GHz for potential use by new millimeter wave technologies.  These
frequency bands are: 

47.2 - 48.2 GHz
59.0 - 64.0 GHz
71.0 - 72.0 GHz
76.0 - 77.0 GHz
84.0 - 85.0 GHz
94.7 - 95.7 GHz
103.0 - 104.0 GHz 
116.0 - 117.0 GHz 
122.0 - 123.0 GHz 
126.0 - 127.0 GHz 
139.0 - 140.0 GHz 
152.0 - 153.0 GHz.  

We are also proposing to permit commercial use in the 40.5-42.5 GHz band
which is already allocated entirely to non-government use. 

     In developing this proposal, we have attempted to identify frequencies
where it is unlikely that interference would occur to government and
non-government communications services that already exist or are planned. 
Further, we have attempted to provide large, contiguous blocks of spectrum in
order to accommodate the high data rate and wide bandwidth requirements
anticipated for millimeter wave operations and technologies.  We request
comment on our proposed list of bands to be made available for use by
millimeter wave technologies.  In particular, we invite interested parties to
address the suitability of the specific bands identified for use by
millimeter wave technologies and, if appropriate, to suggest alternative
bands that might be desirable to make available for use at this time.  We
also invite suggestions for rules that would enhance the use of specific
bands for particular services.  

     We are tentatively proposing an approximately even division of available
millimeter spectrum between licensed services and unlicensed uses, with
unlicensed spectrum further divided between general unlicensed devices and
unlicensed vehicular radar systems.  We recognize potential benefits in
licensing exclusive access to millimeter wave spectrum for the provision of
certain kinds of communications services.  Certain applications, particularly
those covering wide areas or requiring large investment in infrastructure,
may not be able to accept the restrictions that accompany unlicensed use or,
may require the additional protection from interference that can be afforded
under a licensed service.  The interference management capability provided by
a licensing system would permit higher output power levels and more flexible
technical standards than for unlicensed, non-coordinated users.  In addition,
a significant demand for licensed services on frequencies below 40 GHz
indicates that there would be demand for licensed spectrum in nearby
millimeter wave regions with similar propagation and technology.  

     In general, unlicensed use may be justified for a limited amount of
spectrum because of high transactions cost associated with charging for
spectrum used by the envisioned low power devices and the limited
interference among users, given restrictions on power and imposition of
spectrum sharing etiquettes.  That is, some services that would be provided
in unlicensed bands may not be optimally provided in licensed bands because
they have the characteristics of a public good.  Once the power limits and
etiquettes have been set, it may not be efficient for a licensee to charge
for entry, because one person's use is not likely to interfere with another
person's use.  But a licensee would wish to charge for entry to maximize
profits.  Thus allocating all spectrum to licensed use would result in
under-provision of such services.  Our experience with the Part 15 spread
spectrum rules and with unlicensed 2 GHz PCS has shown us that there is a
potentially significant demand for unlicensed devices, some of which involve
the application of military technology to novel commercial uses.  Restricting
power and permitting unlicensed use are not costless, however, since they
foreclose uses of that spectrum that require higher power.  Ideally, a
cost-benefit analysis would be used to determine an efficient allocation of
spectrum for such low power devices.  A decision to allocate additional
spectrum to unlicensed use would require a showing that the value of the
increase in net benefits in unlicensed use exceeds the market value of
comparable spectrum (i.e., the opportunity cost of the spectrum in licensed
use).  

     Although a full cost-benefit analysis may not be feasible, such an
analysis would likely conclude that a greater proportion of the millimeter
spectrum should be allocated to unlicensed use than has been the norm in
lower frequency ranges.  In the millimeter spectrum, interference potential
and scarcity are less of a concern because the physical characteristics (wide
bandwidth and limited range) greatly reduce the potential for interference
and the demand is - or at least has been - light.  Thus, it would appear that
a larger portion of the expected uses of millimeter spectrum (particularly
those that can operate satisfactorily with short range, reduced bandwidth
and/or highly directional antennas) can coexist on an unlicensed basis
without mutually interfering with each other or reducing the amount of
spectrum available to each other.  For this reason, we are proposing to
allocate approximately half of the spectrum available for commercial
development for use on an unlicensed basis.  

     At this time, we believe that it is appropriate for vehicular radar
systems to operate on an unlicensed basis.  It appears that such systems pose
little risk of mutual interference in this spectrum due to the low power and
directional nature of transmissions.  We seek comment on whether we should
include the provisions for vehicular radar systems in specific bands
allocated exclusively for unlicensed use under Part 15 of our rules.  Due to
the safety nature of vehicular radar systems and the lack of experience of
such systems sharing with totally different technologies, we tentatively find
that they should have exclusive bands until we can develop sharing criteria
that would allow other users to share these bands.  

     In order to decide which bands should be proposed for each of the three
categories described above, we considered the nature of propagation, the
proximity to existing bands, and the specific requests we have received for
vehicular radars.  Thus, we are proposing that the lowest bands, 40.5-42.5
GHz and 47.2-48.2 GHz, be used mostly for licensed applications since they
are less than 10 GHz away from an existing band that has similar propagation
characteristics and similar equipment technology.  However, since we had a
request for vehicular radars in this region, 47.2-47.4 GHz be designated for
unlicensed vehicular radars.  Since 59-64 GHz has the most severe propagation
losses we find that there is minimal chance of interference and propose that
the whole band be used for unlicensed devices.  For the higher frequency
bands in which propagation is poor compared to the 47 GHz band but not as
limiting as in the 59-64 GHz band, we are proposing a mixture of uses.  We
propose that some bands be used only for vehicular radars in response to
requests we have received.  For the remaining bands, we are proposing that
each band be evenly split between licensed and unlicensed uses in order to
enable both types of applications.  These proposals are described in more
detail in the following sections.  We seek comment on whether this is the
appropriate split between licensed and unlicensed uses.  

     General Unlicensed Device Bands.  The extremely limited propagation
range of the 59-64 GHz band, as well as higher millimeter wave frequency
bands, suggests that major portions of those bands be designated for general
use by unlicensed devices.  Therefore, we are proposing to provide the
following frequency bands for unlicensed operations under Part 15 of our
rules: 59-64 GHz, 71.5-72.0 GHz, 84.5-85.0 GHz, 103.5-104.0 GHz, 116.5-117.0
GHz, 122.5-123.0 GHz, 126.5-127.0 GHz, and 152.5-153.0 GHz.  This would
provide 3.5 GHz in seven of the frequency bands and 5 GHz in an eighth band,
for a total of 8.5 GHz for general unlicensed operations.  

     Part 15 devices generally operate on a non-interference basis in
spectrum assigned for licensed services.  However, it is our intention at
this time that non-government licensed and unlicensed uses generally not be
permitted in the same bands.  Given the large number of unlicensed devices
that are likely to be operating in these bands, the difficulty of resolving
interference problems involving such unlicensed devices, and the current
availability of other millimeter wave spectrum, we believe sharing of
spectrum by unlicensed and licensed operators would not be workable.  

     Licensed Service Bands.  Based on the demand for licensed services below
40 GHz, we are proposing to designate all of the 40.5-42.5 GHz band and
virtually all of the 47.2-48.2 GHz band for licensed use (except for a small
portion that would be designated for vehicular radar use, as indicated
below).  Similarly, we are proposing that portions of the bands above 64 GHz
that are not designated for vehicular radar use be designated for licensed
use.  In particular, we are proposing to provide spectrum for licensed
services in each of the following bands: 40.5-42.5  GHz , 47.4-48.2 GHz,
71.0-71.5 GHz, 84.0- 84.5 GHz, 103.0-103.5 GHz, 116.0-116.5 GHz, 122.0-122.5
GHz, 126.0-126.5 GHz and 152.0-152.5 GHz.  Comments are requested on whether
the proposed total of 6.3 GHz of spectrum for licensed operations will be
sufficient to meet the needs of those operations where licensing is
appropriate.  

     Despite range limitations and the current high cost of technology, there
may be many potentially valuable uses of licensed spectrum above 40 GHz. The
current allocations for these bands in the ITU and the U.S.  domestic
allocation tables include a wide diversity of terrestrial and satellite
services of a fixed, mobile or broadcasting nature.  Furthermore, the 1992
World Administrative Radio Conference (WARC-92) adopted several changes to
the International Table of Frequency Allocations that may need to be
reflected in changes to our Table of Frequency Allocations, contained in
Section 2.106 of our rules.  In particular, Space Research (space-to- earth)
use was added as a secondary allocation for the 76-81 GHz band.  We are
proposing to adopt this WARC-92 related allocation change in this proceeding.
At present, there is little information as to which of these potential
services represent the highest valued use of this spectrum.  We therefore
propose to retain the full range of services presently allowed under the
allocation table; in other words, any of the services currently listed in the
allocation table will be permissible.  For convenience, we will refer to
these uses collectively as "Licensed Millimeter Wave Service", or LMWS.  We
propose to incorporate this service into Part 21 of our rules.  

     While we are retaining the broad flexibility in the current allocation
table, we must also prescribe rules for the licensing of this spectrum. 
Normally, licensing issues are determined in the context of a specific
service.  However, because of the wide range of services that we propose to
permit in this spectrum, a different approach is required.  In this case, we
will define licensing rules based on our best judgement of what the dominant
use of this spectrum is likely to be rather than designing them around a
prescribed use.  We believe that in this instance precision is less important
because of the broad degree of flexibility that is being provided and the
ability of the market to adjust.  The important objective is to open this
spectrum for commercial development and to eliminate the current regulatory
barriers and uncertainties that now prevent this spectrum from being used.  

     We believe that many of the uses of millimeter spectrum are likely to be
technically and operationally similar to those contemplated in the 28 GHz
band for the Local Multipoint Distribution Service (LMDS), e.g.,  fixed
point-to-point and point-to-multipoint services for video, voice and data
transmission to subscribers throughout an area.  We therefore propose to
model our licensing rules for the millimeter bands after the rules and
procedures proposed for LMDS.  Comments are invited as to any modifications
to the proposed LMDS rules that may be appropriate in the licensing of
millimeter spectrum.  In the 28 GHz band, we proposed to divide the available
spectrum (in that case a total of 2 GHz) into two license blocks of 1000 MHz
for exclusive assignment in each area.  We propose a similar division of
spectrum in the millimeter bands.  Thus, for example, the 47.4-48.2 GHz
licensed band would be divided into two 400 MHz contiguous blocks.  Comments
are requested on whether this is an appropriate division of spectrum in these
bands and on whether the licensed blocks should be contiguous or further
subdivided into paired blocks to facilitate duplex (two-way) transmission.  

     In the 28 GHz band, we proposed to use Rand McNally "Basic Trading
Areas" as the service areas for LMDS licenses.  However, in that proceeding,
the particular type of service was more narrowly prescribed and specific
technologies had been proposed which suggested BTA service areas.  In the
millimeter wave bands, however, we are proposing to allow a much broader
range of uses and technologies, some of which may require larger service
areas.  Also, larger service areas will facilitate the setting of technical
standards, reduce coordination requirements between adjoining licensees, and
produce larger economies of scale, which could be especially important during
the initiation of new services.  For these reasons, we are proposing to use
Rand McNally Major Trading Areas (MTAs) in the licensing of LMWS rather than
the BTAs used in the 28 GHz band.  We also propose, as we did in the 28 GHz
band, to limit each LMWS licensee to a single spectrum block in each band in
the same area.  Thus, a given entity would be allowed to own one LMWS license
in each band in the same area but would not be permitted to own both licenses
in the same band in any area.  

     In the 28 GHz proceeding, we proposed a number of regulations (e.g.,
mandatory buildout requirements, financial qualifications and transfer
restrictions) aimed at deterring speculation, on the assumption that
lotteries would be used as the licensing procedure.  However, we propose to
use auctions to award LMWS licenses, and thus licensees would have much less
incentive to engage in uneconomic warehousing or other forms of speculation. 
We tentatively conclude that mandatory buildout requirements and transfer
restrictions for LMWS would reduce licensee flexibility and reduce the
ability of licensees to put this spectrum to its highest valued use.  We also
tentatively conclude that the use of auctions to award LMWS licenses will
ensure that applicants are financially qualified.  Thus, we do not propose to
adopt additional financial qualifications for LMWS applicants.  We seek
comment on these tentative conclusions.  In the LMDS proceeding, we proposed
a five- year license term.  However, in the millimeter spectrum, development
and implementation times are likely to be significantly longer than at 28
GHz.  Thus, to encourage the longer term investment that will be required to
develop and market commercial applications in the millimeter spectrum, we
propose a ten-year license term.  We also propose to adopt renewal expectancy
rules for LMWS licenses and request comment on the details of such rules.  

     Section 309(j)(1) of the Communications Act, as amended, 47 U.S.C.  
309(j)(1), permits auctions only where mutually exclusive applications for
initial licenses or construction permits are accepted for filing by the
Commission and where the principal use of the spectrum will involve or is
reasonably likely to involve the receipt by the licensee of compensation from
subscribers in return for enabling those subscribers to receive or transmit
communications signals.  We conclude that the principal use of millimeter
wave spectrum as licensed in the manner we are proposing is likely to be of a
commercial nature and involve the receipt by the licensee of compensation
from subscribers in return for enabling those subscribers to receive or
transmit communications signals and would thus meet the statutory
requirements for the use of auctions.  We also conclude that the use of
competitive bidding in licensing millimeter spectrum will serve the public
interest by recovering for the public a portion of the value of the spectrum,
as envisioned in Section 309(j)(3)(C), id, and by awarding licenses to those
who value them the most and thus are most likely to introduce service most
rapidly to the public.  Thus, we propose to use auctions to award LMWS
licenses in the case of mutually exclusive applications.  Comments are
requested on these conclusions and on any special provisions that may be
needed to meet the objectives of Section 309(j)(3)(B), id, of "promoting
economic opportunity" and "avoiding excessive concentration of licenses" by
disseminating licenses "among a wide variety of applicants."  In the Second
Report and Order in PP Docket No.  93-253, 9 FCC Rcd 2348 (released April 20,
1994), (Second Report and Order), we adopted rules which provide the
Commission with a menu of options to choose to promote these objectives with
respect to particular spectrum serves to be auctioned.  

     In the Second Report and Order, id, we also adopted criteria that we
would use in determining the method of auction in particular services.  Based
on these criteria, we propose that LMWS licenses be auctioned using a
simultaneous multiple round bidding procedure.  The use of this method is
indicated where the expected value of licenses is high compared to the cost
of conducting the auction and the values of licenses are interdependent.  See
Second Report and Order at 177.  We believe these licenses will be highly
valued because of the wide range of services and technologies that are
permitted and because of indications of high demand for spectrum in the 28
GHz band, which has similar technical and operational characteristics to
millimeter bands.  We also conclude that LMWS licenses in one area are likely
to be of greater value when combined with licenses in other areas and are
therefore interdependent.  Also, because of technical and operational
similarities across the several bands to be licensed, licenses in one band
may be close substitutes for those in other bands, thus indicating the need
for a simultaneous auction.  Comments are requested on these conclusions.  

     We seek to ensure that spectrum is used in the way that brings most
value to the public.  Therefore, we invite response to several questions we
have about area-wide licensing and the use of competitive bidding.  First, is
there a significant commercial or other interest in obtaining exclusive,
area-wide use of millimeter wave spectrum?  If so, what size spectrum blocks
and licensing areas should be used?  Second, should the spectrum be free of
U.S.  government operations or the requirement for coordination with the
Government in order for commercial use thereof to be viable?  As mentioned
previously, the millimeter wave spectrum is currently shared between U.S. 
government and non-government users.  It would take additional time for us to
negotiate such non-government exclusivity with NTIA, potentially resulting in
a significant delay in the implementation of millimeter wave technology.  

     Unlicensed Vehicular Radar System Bands.  As noted previously, the
automobile industry is actively developing vehicular radar systems for use in
various millimeter wave bands.  We note that such technology is envisioned as
a key feature of the Intelligent Vehicle Highway System, which is intended to
offer significant benefits to the American public by improving highway
safety.  In view of the promise and importance of this technology, and its
intended use for public safety purposes, we believe it merits special
consideration.  We tentatively conclude that it is appropriate to take steps
to minimize the likelihood of interference to such systems, notwithstanding
the assertions of the automobile manufacturers that this technology would
have a low susceptibility to receiving interference.  Accordingly, we are
proposing to designate three of the twelve millimeter wave bands, as well as
part of a fourth band, for use by vehicular radar systems and we are not
proposing any other new uses for them at this time.  These bands are:
47.2-47.4 GHz, 76.0-77.0 GHz , 94.7-95.7 GHz, and 139.0-140.0 GHz.  This
would provide 3.2 GHz of spectrum for vehicular radar systems.  

     In developing this proposal we have attempted to satisfy the automobile
manufacturers' requests for spectrum for vehicular radar systems.  Three of
the bands we are proposing for vehicular radar systems are within the bands
suggested by the automobile manufacturers.  We are also proposing 200 MHz of
spectrum in the 46-50 GHz band, as requested by VORAD.  With regard to the
37.5-38.5 GHz band, we note that parties seeking to future provide PCS
services are planning to use this band to connect PCS base stations.  We
believe that new users operating in the 37.5-38.5 GHz band could cause
interference to future PCS operations, and thus have not proposed use of this
band for vehicular radar systems.  We have not proposed to allow operation in
the 24.75-25.25 GHz band because of possible interference to aviation
radionavigation systems operating under Part 87 of our rules.  We also have
not proposed to allow unlicensed operation in the 92.0-94.7 GHz band due to
concerns expressed by NTIA about possible interference to government
operations.  However, we are proposing to allow vehicular radar systems in
the nearby 94.7-95.7 GHz band.  With regard to AAMA's request for spectrum in
the region of 152-154 GHz, we have elected to instead make spectrum available
in this region for licensed fixed services and unlicensed devices.  The
information received to date from the vehicular radar proponents has
contained few details on the justification for the amount of bandwidth
required in each band and how the bandwidth affects equipment cost and
performance.  While we do not want to prejudge which bands might ultimately
be most effective for various vehicular radar applications, we are also
concerned about the number of bands which have been proposed.  More specific
information on the number of bands needed and the amount of spectrum required
in each band would be very helpful in our deliberations on these questions.  

Alternative Approaches
   
     Although we are proposing one approach for dividing the millimeter wave
frequency bands between licensed services, general unlicensed devices, and
vehicular radar systems, we invite discussion on alternative approaches.  For
example, could (or should) unlicensed devices and licensed services be
permitted to operate in the same frequency bands?  Could vehicular radar
systems operate safely (i.e., without causing or receiving harmful
interference) in frequency bands that also are assigned for other unlicensed
devices or for licensed use?  If not, are there any compatible highway
information or safety services that could operate safely in the bands set
aside for vehicular radar systems?  Should we change the proportion of
spectrum for unlicensed devices, licensed services, and vehicular radar
systems?  The final rules that are adopted in this proceeding may change
significantly from those proposed herein based on the comments and
recommendations that are received.  

     The spectrum involved in this proposal, except for the 40.5-42.5 GHz
band, is all shared with government users at this time.  The LMWS concept
outlined above would either involve government users sharing the same
spectrum as the licensee or require coordinating each LMWS license before
issuance with NTIA.  We request comment on the feasibility of these two
possible approaches or alternatives to them.  If neither of these approaches
are possible we may have to request that NTIA agree to an exclusive non
government allocation in the licensed bands or use a more traditional
approach of licensing individual systems on a first-come-first-served basis,
e.g., as we now do for point-to-point systems under Parts 21, 74, 78 and 94
of our Rules, rather than issuing flexible, wide area licenses.  We request
comments on these alternatives.  

Proposed Technical Standards and Equipment Authorization Requirements

     Licensed Services.  Consistent with our assessment that the millimeter
wave bands offer the potential to support a large variety of new radio
technologies and services, we are proposing to allow licensees broad
flexibility to choose the technologies and bandwidth of fixed applications
that they operate in these bands, subject only to technical rules intended to
minimize interference to other licensed users of these bands.  In particular,
we are proposing to limit the power of licensed transmitters in the proposed
frequency bands to 16 dBW equivalent isotropically radiated power (EIRP). 
This is based on: 1) an assumed limit of -20 dBW of transmitter power, which
is likely to be typical of commercially-affordable microwave integrated
circuits in the near future; and, 2) an antenna gain of 36 dB, which we
believe will be typical of economical antennas and transmission systems in
the near future.  We propose to permit either direct EIRP measurements or
indirect calculations based on transmitter power and antenna gain
measurements.  Because of the broad flexibility we are proposing in the use
of licensed bands, we will consider higher power limits on a case-by-case
basis subject to coordination with affected licensees.  Comments are
requested on the need for field strength limits at the boundaries of licensed
service areas and on the need for rules requiring interference coordination
between licensees in adjoining service areas.  

     We are proposing the same spurious emissions and frequency stability
requirements for licensed devices as unlicensed devices.  For licensed
devices, these limits would apply to emissions outside the assigned spectrum
block in which the transmitter is operating.  We invite comment as to whether
licensed devices should be subject to somewhat different requirements.  For
example, we note that the spurious emission standard may be more difficult to
meet for licensed equipment due to the higher power permitted for the
transmitter.  With regard to frequency stability, we note that we normally
require compliance over a temperature range of -20 to +50 degrees Celsius for
products operating under Part 15 and -30 to +50 degrees Celsius for products
operating under many licensed services.  We invite comment as to whether it
is appropriate to establish different temperature range requirements for
frequency stability for unlicensed and licensed equipment.  We also request
comments as to whether susceptibility standards may be appropriate or
necessary for licensed equipment.  

     We are proposing that transmitters operating in the licensed millimeter
wave bands be subject to type acceptance by the Commission prior to
marketing.  The type acceptance procedure, which is generally similar to the
certification procedure used with unlicensed devices, is described in 47 CFR
Section 2.981, et seq.  It requires that tests be performed to measure the
levels of radio frequency (RF) energy that are radiated by the device into
the open air or conducted by the device onto the power lines.  After these
tests have been performed, a report must be produced showing the test
procedure, the test results, and some additional information about the device
including design drawings.  

     Our rules do not provide any relevant guidance on type acceptance
measurement procedures for the millimeter wave spectrum.  Nor are we aware of
any measurement procedures developed in the private sector that may be
appropriate.  Accordingly, we are proposing only that measurements for type
acceptance purposes be in accordance with good engineering practice.  We are,
however, generally proposing the same requirements on measurement frequency
range and instrumentation as we are proposing for unlicensed devices.  We
invite comment on this proposal and alternatives.  

     We are considering in a separate proceeding the appropriate RF safety
exposure standard for radio transmissions, including millimeter wave band
operations, to be incorporated into our rules.  It is our intention to
ultimately adopt millimeter wave band rules that will ensure millimeter wave
equipment meets the relevant RF exposure standards.  Since we are limiting
our proposal for licensed operation to fixed services, we believe it is
appropriate to apply the relevant RF exposure standards for controlled
environments.  

     Unlicensed Devices.  We are proposing Part 15 rules that would allow the
use of millimeter wave technology for virtually any short-range
communications application, with only minimal technical restrictions intended
to minimize interference and to avoid potential safety concerns. 
Specifically, we propose to limit the peak power density of unlicensed Part
15 millimeter wave transmitters, except those used in vehicular radar
systems, to 200 nanowatts/square centimeter at a distance of 3 meters from
the antenna.  We believe that this limit will accommodate the needs of
low-power, unlicensed users.  It will also help ensure that unlicensed
millimeter wave devices, which could be located virtually anywhere at
distances potentially very close to users, comply with the relevant RF safety
standards.  

     As noted above, we currently have a proceeding pending to consider new
standards for RF exposure from radio frequency equipment.  The power levels
we have proposed for unlicensed millimeter wave transmitters comply with the
IEEE C95.1-1991 standard for uncontrolled environments at distances in excess
of 2 cm from the antenna.  However, we note that comments filed in ET Docket
No.  93-62 suggest that a more stringent RF exposure guideline may be
appropriate.  

     We invite comment on whether our proposed power limit is appropriate and
whether we should require compliance with the IEEE standard at a distance
other than 2 cm from the antenna.  In addition, we request comments on
alternative approaches that could be implemented to assure that Part 15
millimeter wave technology devices are used safely.  One approach could be to
permit the approval of devices with higher power levels provided they have
design features that preclude excessive human exposure to RF signals.  

     In order to protect other radio services from harmful interference, we
propose to limit spurious emissions from unlicensed transmitters operating
above 40 GHz to 2 picowatts/square centimeter measured 3 meters from the
radiating source.  This limit would apply to emissions outside the allocated
band in which the transmitter is operating.  With regard to frequency
stability, we propose to require that fundamental emissions remain confined
within the operating band under all conditions of operation, including
changes due to frequency tolerance of the stabilizing circuitry and frequency
drift over the product's operating temperature range.  The temperature range
over which compliance must be maintained would be -20 to +50 degrees Celsius,
with an input voltage variation of 85 percent to 115 percent of rated input
voltage.  This is consistent with the current temperature range and voltage
variation requirement for other products operating under Part 15.  We solicit
comment as to whether we should adopt a more specific requirement, such as a
frequency tolerance specified in parts-per-million.  

     In discussions with NTIA, concern has been expressed about the
susceptibility of non- government operations to interference from government
operations.  We note that under Part 15, unlicensed devices must accept any
interference received.  We also note that, although we have specific legal
authority to set mandatory standards regarding the ability of home electronic
equipment to be unaffected by interference received from other devices, we
have never implemented such requirements.  Finally, we recognize that
industry often develops voluntary standards to address potential
susceptibility problems.  Nevertheless, we appreciate the general concerns of
government interests and invite comments as to whether we should rely on
voluntary standards to address potential susceptibility problems associated
with millimeter wave devices, or whether it may be advisable to establish
mandatory standards governing the susceptibility of unlicensed equipment
operating in the millimeter wave bands.  If mandatory standards are deemed
necessary, we request comment on appropriate susceptibility requirements to
adopt.  If mandatory standards are deemed not necessary, we invite comments
as to the information that unlicensed device manufacturers may require about
government operations to enable design of equipment that will be less
susceptible to interference from such systems.  

     Part 15 transmitters are subject to the equipment authorization
procedure of certification, as specified in Section 2.1031, et seq., of our
rules.  The certification procedure requires that tests be performed to
measure the levels of RF energy that are radiated by the device into the open
air or conducted by the device onto the electrical power lines. After these
tests have been performed, a report must be produced showing the test
procedure, the test results, and some additional information about the
device, including design drawings.  We propose to subject unlicensed
millimeter wave transmitters to the certification requirements.  

     The current Part 15 rules do not include a specific measurement
procedure for devices operating above 40 GHz.  However, several general
requirements which are pertinent for devices operating above 40 GHz are
contained in Sections 15.31 of the rules , as well as the requirements in
Sections 15.33 and 15.35 on the frequency range over which tests must be
performed and the measurement instrument detector function and bandwidth.  We
expect that, at least initially, we may certify equipment under the general
guidance provided in these sections and in accordance with good engineering
practice.  However, comments are invited on whether more specific guidance is
needed for measurements performed on devices operating above 40 GHz and, if
so, what measurement procedures are appropriate.  The current Part 15 rules
do not require spurious emission measurements above 40 GHz.  If we do not
raise this upper limit for the radiated emission measurements of all Part 15
devices, there will be an increased potential for harmful interference to new
operations above 40 GHz.  Consequently, we propose to require that all Part
15 transmitters operating above 30 GHz be measured to the fifth harmonic of
the fundamental frequency or to 200 GHz, whichever is lower. 

     We also propose that all Part 15 transmitters operating between 10 GHz
and 30 GHz be measured to the fifth harmonic of the highest fundamental
frequency or to 100 GHz, whichever is lower.  Comments are requested on the
costs of such tests and their effectiveness at reducing the potential for
interference.  Comments are also requested on the impact these proposed new
testing requirements would have on existing lines of Part 15 equipment.  

     The measurement detector function used to test emissions from radio
equipment has a significant impact on the amount of radiation that can be
emitted by a device.  An average detector function measures the average field
intensity emitted by a device, and a peak detector measures the peak field
intensity emitted by a device.  The difference between an average detector
reading and a peak detector reading is relatively small for a constant,
amplitude-modulated signal, and quite large for a pulse-modulated signal. 
The current Part 15 rules specify use of instrumentation employing an average
detector function for measurements above 1000 MHz.  We solicit comment as to
whether such instrumentation is appropriate and generally available in the
proposed millimeter wave bands.  Also, as a matter of policy we have
generally required that measurements of emissions above 1000 MHz be made with
a minimum 1 MHz resolution bandwidth.  We are proposing to codify this
requirement for all Part 15 devices.  

     Vehicular Radar Systems.  We are generally proposing to apply the same
technical and administrative requirements to vehicular radar systems as would
be applied to unlicensed devices, with the exception of the power
requirement.  We propose to limit the peak power density of millimeter wave
vehicular radar systems operated under Part 15 to 30 microwatts/square
centimeter measured 3 meters from the radiating source and in the center of
the main lobe of the radiation pattern.  In addition, we propose a peak power
density limit outside the main lobe of 200 nanowatts/square centimeter.  We
note that industry has been performing RF emissions tests on experimental
vehicular radar equipment designed to operate in the millimeter wave bands. 
These tests have indicated that our proposed power limits would allow
development of effective radar equipment and, at the same time, minimize the
potential for harmful interference.  We believe that these limits, which are
higher than those proposed for other unlicensed millimeter wave transmitters,
are appropriate for automotive radar systems because their narrow beam widths
and concentrated use on the nation's roadways will make them less of an
interference threat.  

                          CONCLUSION

     Millimeter wave technology is expected to break new ground in opening up
vast, largely untapped regions of the radio spectrum.  The proposals we are
making are based on limited information and preliminary analyses. 
Accordingly, we fully expect that adjustments in these proposals may be
necessary.  Nevertheless, the potential benefits compel us to move forward
based on the best available knowledge so that we can create opportunities
that will bring new products and services to American businesses and
consumers.  We invite comment on the proposed frequency bands, and the
spectrum requirements for unlicensed services, licensed services, and
vehicular radar systems.  We also solicit the broadest possible information
on the appropriate regulatory and technical requirements for such services.  

                      PROCEDURAL MATTERS

     This is a non-restricted notice and comment rule making proceeding.  Ex
parte presentations are permitted, except during the Sunshine Agenda period,
provided they are disclosed as provided in the Commission's Rules.  See
generally 47 CFR Sections 1.1202, 1.1203, and 1.1206(a).  

     Initial Regulatory Flexibility Analysis.  As required by Section 603 of
the Regulatory Flexibility Act, the Commission has prepared an Initial
Regulatory Flexibility Analysis (IFRA) of the expected impact on small
entities of the proposals suggested in this document.  The IFRA is set forth
in Appendix A.  Written public comments are requested on the IFRA. These
comments must be filed in accordance with the same filing deadlines as
comments on the rest of the Notice, but they must have a separate and
distinct heading designating them as responses to the Initial Regulatory
Flexibility Analysis.  The Secretary shall send a copy of this Notice of
Proposed Rule Making, including the Initial Regulatory Flexibility Analysis,
to the Chief Counsel for Advocacy of the Small Business Administration in
accordance with paragraph 603(a) of the Regulatory Flexibility Act.  Pub.  L.
No.  96-354, 94 Stat.  1164, 5 U.S.C.  Section 601 et seq.  (1981).  

     Comment dates.  Pursuant to applicable procedures set forth in Sections
1.415 and 1.419 of the Commission's Rules, 47 CFR Sections 1.415 and 1.419,
interested parties may file comments on or before January 30, 1995 and reply
comments on or before March 1, 1995.  To file formally in this proceeding,
you must file an original and four copies of all comments, reply comments,
and supporting comments.  If you want each Commissioner to receive a personal
copy of your comments, you must file an original plus nine copies.  You
should send comments and reply comments to Office of the Secretary, Federal
Communications Commission, Washington, D.C.  20554.  Comments and reply
comments will be available for public inspection during regular business
hours in the FCC Reference Center, Room 239, 1919 M Street, N.W., Washington,
D.C.  20554.  

     The proposed action is authorized under Sections 4(i), 302, 303(e),
303(f), and 303(r) of the Communications Act of 1934, as amended 47 U.S.C. 
Sections 154(i), 302, 303(e), 303(f), and 303(r).  

     For further information regarding this Notice of Proposed Rule Making,
please send an electronic mail message via the internet to mmwaves@fcc.gov,
or contact either Dr.  Michael J.  Marcus, Office of Engineering and
Technology, (202) 653-8110 or Richard Engelman, Office of Engineering and
Technology, at (202) 653-6289.  

                     FEDERAL COMMUNICATIONS COMMISSION

                     William F. Caton
                     Acting Secretary


                            APPENDIX A

                Initial Regulatory Flexibility Analysis

I.  Reason for Action: The proposals in this Notice of Proposed Rule Making
are put forth on our own initiative with the intention of allocating several
frequency bands above 40 GHz for general consumer and commercial
applications.  This action is also taken, in part, to respond to the petition
submitted by General Motors Research Corporation to amend Part 15 of our
rules to permit the operation of a vehicular radar systems in the band 76-77
GHz.  

II.  Objectives: The objective of this proposal is to encourage commercial
development of equipment that can operate in the frequency bands above 40
GHz.  Such development would improve access to the National Information
Infrastructure by making commercial use of technology developed for the U.S. 
Military. 

III.  Legal Basis: The proposed action is authorized under Sections 4(i),
302, 303(e), 303(f), and 303(r) of the Communications Act of 1934, as amended
47 U.S.C.  Sections 154(i), 302, 303(e), 303(f), and 303(r). 

IV.  Reporting, Record Keeping and Other Compliance Requirements: Licensed
transmitters are subject to the authorization procedure of type acceptance. 
Unlicensed transmitters are subject to the authorization procedure of
certification.  Operators of licensed transmitters must also file license
applications.  Applicants for equipment authorization of products operating
above 30 GHz will now be required to test for radiated emissions to the fifth
harmonic of the highest fundamental frequency generated or 200 GHz, whichever
is higher.  They are now required to test only up to 40 GHz.  Applicants for
equipment authorization of products operating above 10 GHz and at or below 30
GHz will now be required to test for radiated emissions to the fifth harmonic
of the highest fundamental frequency generated or 100 GHz, whichever is
higher.  They are now required to test only up to 40 GHz. 

V.  Federal Rules Which Overlap, Duplicate or Conflict With These Rules: None. 

VI.  Description, Potential Impact and Number of Small Entities Involved: It
is unknown how many small entities may be affected.  Fewer than ten small
entities will now be required to test radiated emissions from transmitters
operating above 30 GHz to the fifth harmonic of the highest fundamental
frequency generated or 200 GHz, whichever is higher.  They are now required
to test only up to 40 GHz.  Fewer than ten small entities will now be
required to test radiated emissions from transmitters operating above 10 GHz
and at or below 30 GHz to the fifth harmonic of the highest fundamental
frequency generated or 100 GHz, whichever is higher.  They are now required
to test only up to 40 GHz. 

VII.  Any Significant Alternatives Minimizing the Impact on Small Entities
Consistent with Stated Objectives: None. 


                             APPENDIX B

     Part 2 of Title 47 of the Code of Federal Regulations is revised to read
as follows: 

     The authority citation for Part 2 continues to read as follows:

     AUTHORITY: Sec.  4, 302, 303, and 307 of the Communications Act of 1934,
as amended, 47 U.S.C.  Sections 154, 154(i), 302, 303, 303(r), and 307,
unless otherwise noted.  

     Section 2.106 is amended by revising column 4 for the frequency band
76-81 GHz and column 6 for the frequency bands 40.5-42.5 GHz, 47.2-50.2  GHz,
59-64 GHz, 71-74 GHz, 76-81 GHz, 84-86 GHz, 92-95 GHz, 95-100 GHz, 102-105
GHz, 116-126 GHz, 126-134 GHz, 134-142 GHz, and 151-164 GHz to read as
follows: 

Section 2.106 Table of frequency allocations.

   * * * * *

         United States table                FCC use designators

   Government        Non-government     Rule part(s)   Special-use frequencies

 Allocation Ghz      Allocation Ghz  
      (4)                 (5)               (6)                  (7)

   * * * * *

   40.5-42.5         40.5-42.5          DOMESTIC PUBLIC 
   US211             BROADCASTING-      FIXED (21).
                     SATELLITE./
                     BROADCASTING/.
                     Fixed.
                     Mobile.  
                     US211

   * * * * *

   47.2-50.2         47.2-50.2          RADIO   
   FIXED.            FIXED.             FREQUENCY 
   FIXED-SATELLITE   FIXED-SATELLITE    DEVICES (15).
   (Earth-to-space). (Earth-to-space).  DOMESTIC PUBLIC 
   MOBILE.           MOBILE.            FIXED(21).
   904 US264 US297   904 US264 US297

   * * * * *
 
   59-64             59-64              RADIO 
   FIXED.            FIXED.             FREQUENCY 
   INTERSATELLITE.   INTER-SATELLITE.   DEVICES (15).
   MOBILE.  909      MOBILE.  909       
   RADIOLOCATION     RADIOLOCATION 
   910 911           910 911
    
   * * * * *

   71-74 MOBILE.     71-74 MOBILE.      DOMESTIC PUBLIC 
   FIXED.            FIXED.             FIXED (21).  
   FIXED-SATELLITE   FIXED-SATELLITE    RADIO 
   (Earth-to-space). (Earth-to-space).  FREQUENCY 
   MOBILE-SATELLITE  MOBILE-SATELLITE   DEVICES (15).
   (Earth-to-space). (Earth-to-space).  
   US270             US270              
   
   * * * * *

   76-81             76-81              RADIO 
   RADIOLOCATION.    RADIOLOCATION.     FREQUENCY 
   Space Research    Amateur.           DEVICES (15).  
   (space-to-Earth)  Amateur-Satellite. Amateur (97).
   912               912                
   
   * * * * *

   84-86             84-86              DOMESTIC PUBLIC 
   FIXED.            FIXED.             FIXED (21).  
   MOBILE.           MOBILE.            RADIO 
   913 US211         BROADCASTING.      FREQUENCY 
                     BROADCASTING-      DEVICES (15).
                     SATELLITE.         
                     913 US211          

   * * * * *

   92-95             92-95              RADIO 
   FIXED.            FIXED.             FREQUENCY 
   FIXED-SATELLITE   FIXED-SATELLITE    DEVICES (15).
   (Earth-to-space). (Earth-to-space).  
   MOBILE.           MOBILE             
   RADIOLOCATION.    RADIOLOCATION.     
   914               914                

   95-100            95-100             RADIO 
   MOBILE 902.       MOBILE 902.        FREQUENCY 
   MOBILE-SATELLITE. MOBILE-SATELLITE.  DEVICES (15).
   RADIONAVIGATION.  RADIONAVIGATION.  
   RADIONAVIGATION-  RADIONAVIGATION-
   SATELLITE.        SATELLITE.  
   Radiolocation.    Radiolocation.  
   903 904           903 904

   * * * * *

   102-105           102-105            DOMESTIC PUBLIC 
   FIXED.            FIXED.             FIXED (21).  
   FIXED-SATELLITE   FIXED-SATELLITE    RADIO 
   (space-to-Earth). (space-to-Earth).  FREQUENCY 
   722 US211         722 US211          DEVICES (15).

   * * * * *

   116-126           116-126            DOMESTIC PUBLIC  122.5 GHz + 500 MHz: 
   EARTH EXPLORATION EARTH EXPLORATION  FIXED (21).      Industrial, 
   -SATELLITE        -SATELLITE         RADIO            scientific and 
   (passive).FIXED.  (passive).FIXED.   FREQUENCY        medical frequency.
   INTER-SATELLITE.  INTER-SATELLITE.   DEVICES (15).
   MOBILE.  909      MOBILE.  909       
   SPACE RESEARCH    SPACE RESEARCH     
   (passive).        (passive).         
   722 915 916       722 915 916        
   US211 US263,      US211 US263        
   
   126-134           126-134            DOMESTIC PUBLIC 
   FIXED.            FIXED.             FIXED (21).  
   INTER-SATELLITE.  INTER-SATELLITE.   RADIO 
   MOBILE.  909      MOBILE.  909       FREQUENCY 
   RADIOLOCATION.    RADIOLOCATION.     DEVICES (15).
   910,              910                

   134-142           134-142            RADIO 
   MOBILE 902        MOBILE 902         FREQUENCY 
   MOBILE-SATELLITE. MOBILE-SATELLITE.  DEVICES (15).
   RADIONAVIGATION.  RADIONAVIGATION.   
   RADIONAVIGATION-  RADIONAVIGATION-   
   SATELLITE.        SATELLITE.         
   Radiolocation.    Radiolocation.     
   903 917 918,      903 917 918        

   * * * * *
 
   151-164           151-164            DOMESTIC PUBLIC 
   FIXED.            FIXED.             FIXED (21).  
   FIXED-SATELLITE.  FIXED-SATELLITE.   RADIO 
   211,              211                FREQUENCY 
                                        DEVICES (15).

   * * * * * 


     3.  Section 2.997 is amended to read as follows:

Section 2.997 Frequency spectrum to be investigated.

     (a) In all of the measurements set forth in Sections 2.991 and 2.993 of
this Part, the spectrum shall be investigated from the lowest radio frequency
signal generated in the equipment, without going below 9 kHz, up to at least
the frequency shown below: 

     (1) If the equipment operates below 10 GHz: to the tenth harmonic of the
highest fundamental frequency or to 40 GHz, whichever is lower. 

     (2) If the equipment operates at or above 10 GHz and below 30 GHz: to
the fifth harmonic of the highest fundamental frequency or to 100 GHz,
whichever is lower.  

     (3) If the equipment operates at or above 30 GHz: to the fifth harmonic
of the highest fundamental frequency or to 200 GHz, whichever is lower. 

     (b) Particular attention should be paid to harmonics and subharmonics of
the carrier frequency as well as to those frequencies removed from the
carrier by multiples of the oscillator frequency.  Radiation at the
frequencies of multiplier stages should also be checked.  

     (c) The amplitude of spurious emissions which are attenuated more than
20 dB below the permissible value need not be reported. 

     (d) Unless otherwise specified, measurements above 40.5 GHz shall be
performed using a minimum resolution bandwidth of 1 MHz. 

     Part 15 of Title 47 of the Code of Federal Regulations is revised to
read as follows: 

     The authority citation for Part 15 continues to read as follows:

     AUTHORITY: Sec.  4, 302, 303, 304, and 307 of the Communications Act of
1934, as amended, 47 U.S.C.  Sections 154, 302, 303, 304, and 307. 


     Section 15.33 is amended by revising paragraph (a) to read as follows:

Section 15.33 Frequency range of radiated measurements.

     (a) For an intentional radiator, the spectrum shall be investigated from
the lowest radio frequency signal generated in the device, without going
below 9 kHz, up to at least the frequency shown below: 

     (1) If the intentional radiator operates below 10 GHz: to the tenth
harmonic of the highest fundamental frequency or to 40 GHz, whichever is
lower.  

     (2) If the intentional radiator operates at or above 10 GHz and below 30
GHz: to the fifth harmonic of the highest fundamental frequency or to 100
GHz, whichever is lower.  

     (3) If the intentional radiator operates at or above 30 GHz: to the
fifth harmonic of the highest fundamental frequency or to 200 GHz, whichever
is lower.  

     (4) If the intentional radiator contains a digital device, regardless of
whether this digital device controls the functions of the intentional
radiator or the digital device is used for additional control or function
purposes other than to enable the operation of the intentional radiator, the
frequency range shall be investigated up to the range specified in paragraphs
(a)(1)-(a)(3) of this section or the range applicable to the digital device,
as shown in paragraph (b)(1) of this Section, whichever is the higher
frequency range of investigation.  

* * * * *

     Section 15.35 is amended by revising paragraph (b) to read as follows:

Section 15.35 Measurement detector functions and bandwidth.  

* * * * *

     (b) On any frequency or frequencies above 1000 MHz, unless otherwise
stated, the radiated limits shown are based on the use of measurement
instrumentation employing an average detector function.  When average
radiated emission measurements are specified in the regulations, including
emission measurements below 1000 MHz, there is also a limit on the radio
frequency emissions, as measured using instrumentation with a peak detector
function, corresponding to 20 dB above the maximum permitted average limit
for the frequency being investigated.  Unless otherwise specified,
measurements above 1000 MHz shall be performed using a minimum resolution
bandwidth of 1 MHz.  Measurements of AC power line conducted emissions are
performed using a CISPR quasi-peak detector, even for devices for which
average radiated emission measurements are specified.  

* * * * *

     Section 15.205 is amended by adding a new paragraph (d)(4) to read as
follows: 

Section 15.205 Restricted bands of operation.

* * * * *

     (d) * * *

     (4) Any equipment operated under the provisions of Section 15.253.

* * * * *

     A new Section 15.253 is added to read as follows:

Section 15.253 Operation within the bands 47.2-47.4 GHz, 59.0-64.0 GHz,
71.5-72.0 GHz, 76.0-77.0 GHz, 84.5-85.0 GHz, 94.7-95.7 GHz, 103.5-104.0 GHz,
116.5-117.0 GHz, 122.5-123.0 GHz, 126.5-127.0 GHz, 139.0-140.0 GHz and
152.5-153.0 GHz. 

     (a) Operation under the provisions of this section is not permitted on aircraft.

     (b) Operation within the bands 47.2-47.4 GHz, 76.0-77.0 GHz, 94.7-95.7
GHz and 139.0-140.0 GHz is restricted to devices whose primary mode of
operation is as a vehicular- mounted field disturbance sensor.  The
transmission of additional information, such as data, is permitted provided
the primary mode of operation is as a vehicular-mounted field disturbance
sensor.  

     (c) The radiated emission limits above 47.2 GHz are as follows:

     (1) The power density of any emission within the bands specified in this
section shall not exceed 200 nanowatts/square centimeter at 3 meters, except
that the power density of any transmitter used as a field disturbance sensor
pursuant to paragraph (b) shall not exceed 30 microwatts/square centimeter at
3 meters when the vehicle is moving at a minimum rate of one kilometer/hour.  

     (2) The power density of any emissions outside the bands specified in
this section shall not exceed 2 picowatts/square centimeter at 3 meters. 

     (3) 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.  

     (4) The limits in this paragraph are based on instrumentation employing
an average detector. 

     (d) Radiated emissions below 47.2 GHz shall not exceed the general
limits in Section 15.209 of this Part.  The provisions in Section 15.35 of
this Part for averaging pulsed emissions and for limiting peak emissions
apply.  Further, the provisions in Section 15.205 of this Part that limit
spurious emissions appearing in the restricted bands below 40 GHz also apply.  

      The term millimeter wave frequency bands is take from the fact that the
wavelength of radio signals on frequencies between 30 GHz and 300 GHz ranges
between 1 and 10 millimeters.  

      While the Commission has allocated spectrum up to 275 GHz, it has not
previously adopted service rules to permit general use of millimeter wave
spectrum above 40 GHz.  See 47 CFR Section 2.106.  

     The U.S. Department of Defense's Advanced Research Projects Agency
(ARPA) has invested over $550 million in the Monolithic Microwave Integrated
Circuit Program (MIMIC) in order to decrease the production cost of this
technology.  

     See Petition for Rule Making filed by General Motors Research
Corporation (RM-8308) on July 13, 1993. 

     The frequency band 76-81 GHz is allocated primarily for radiolocation
services.  It is also allocated to the Amateur Radio Service on a secondary
basis.  See 47 CFR Section 2.106.  GM states that, based upon discussions
with a representative of the American Radio Relay League, this band is not
currently used by amateur operators.  GM indicates that only two operators
currently use the 76-81 GHz band: an antenna test range used by the Georgia
Institute of Technology, and a U.S.  Government system, operated by Bell Labs
in New York and New Jersey for research.  

     While we are including GM's petition and the comments filed thereon in
this general proceeding on use of the millimeter wave spectrum, we may later
choose to act on these issues separately if doing so would expedite the
implementation of vehicular radar systems.  

     See Amendment of the Commission's Rules to Establish New Personal
Communications Services, GEN Docket No.  90-314, Second Report and Order, 8
FCC Rcd 7700 (1993), Memorandum Opinion and Order, 9 FCC Rcd 5947 (1994) 

     See First Report and Order in GEN Docket No.  81-413, 101 FCC 2d 419
(1985), adopting rules in Part 15 for low power spread spectrum devices. The
Part 15 spread spectrum rules were recodified and clarified in the First
Report and Order in GEN Docket No.  87-389, 4 FCC Rcd 3493 (1989). See also
Report and Order in GEN Docket No.  89- 354, 5 FCC Rcd 4123 (1990), amending
Parts 2 and 15 of the rules with regard to operation of spread spectrum
systems.  See 47 CFR Section 15.247.  

     We note that other parts of the world, such as Europe and Japan, are
also considering commercial uses of millimeter wave technology. 

     The amount of signal attenuation due to absorption and scattering varies
with frequency and other factors.  Attenuation caused by oxygen is
significant throughout the millimeter wave spectrum, but increases
dramatically at frequencies around 60 GHz and 120 GHz.  Attenuation caused by
water vapor varies based on temperature and relative humidity, but generally
increases with frequency.  Rain, snow, hail, and fog can all affect the range
of millimeter wave transmissions.  For a more detailed discussion of
atmospheric attenuation in the millimeter wave spectrum, see ITU CCIR Report
719-3.  

     See The Use of the Radio Frequency Spectrum Above 30 GHz: A Consultative
Document, Department of Trade and Industry, Radiocommunications Division,
London, September 1988.  This document quantifies the relationship of
frequency reuse to useful communications working range for various
frequencies.  In the millimeter wave spectrum, especially near 60 GHz, there
is a tremendous frequency reuse potential which differs dramatically from
lower bands.  

     Bandwidth limitations, modulation techniques used, and signal-to-noise
ratios restrict the ability of existing radio communications systems to
transmit data at high rates.  For example, early Personal Communications
Service (PCS) systems are expected to accommodate data rates of approximately
64,000 bits/second, although PCS systems may ultimately be able to support
data rates of 1,000,000 bits/second (1 Megabit/second) or more by using
different modulation or channeling schemes.  Today's optical fiber cable
systems are capable of carrying data at rates of 1,000 Megabits/second or
more.  Because of the large amount of bandwidth available in the millimeter
wave spectrum, transmission of data rates ranging from 50 Megabits/second up
to 5,000 Megabits/second, or more, are possible depending upon the frequency
band.  

     See 47 U.S.C.  Section 303(g).

     See 47 U.S.C.  Section 157.

     43.5 - 45.5 GHz.

     NTIA has responsibility for managing use of the radio spectrum by the
federal government and its agencies.  

     In general, we have tried to propose frequency bands that are not
currently being used.  However, in some cases we have proposed bands in which
government or other non-government services may eventually operate.  For
example, the Federal Aviation Administration is conducting research into new
flight safety systems that might operate in millimeter wave spectrum.  The
National Oceanic and Atmospheric Administration ("NOAA") indicates that it
plans to use the 60.4-61.2 GHz band for weather satellites beginning in late
1995.  We do not believe that our proposals would preclude these possible
future uses or prejudice any future decisions that may be taken with regard
to authorizing such services.  

     With regard to NOAA's plan to use the 60.4-61.2 GHz band, we note that
the unique properties of this band will enable satellite sensors looking down
into the atmosphere to determine the temperature at different heights above
the earth.  Parties are requested to provide detailed analysis and comment on
whether terrestrial use of the 60.4- 61.2 GHz band would interfere with
NOAA's planned operations in that band and, in particular, whether this
portion of the band should be excluded from the frequency bands that may be
authorized for millimeter wave technology under this proceeding.  

     The specific frequency bands we are proposing, along with their
technical standards, may be altered in the final rules based on comments from
both government and non-government parties.  

     For example, many parties have expressed interest in obtaining licenses
near 38 GHz in order to provide PCS backhaul services.  

     See 47 CFR 15.247.

     See note 9.  

     We are not proposing any licensed use in the 59-64 GHz band because its
propagation range is extremely limited.  

     This band is subject to footnote US211 in our Table of Allocations, 47
C.F.R.  2.106, which deals with protecting radio astronomy users in adjacent
bands.  We are excluding air-to-ground uses from the present proposals as it
may be impractical to protect these users.  Any space-to-earth use would have
to demonstrate protection of radio astronomy users.  

     In addition, the 84-86 GHz band is allocated on a world-wide basis for
broadcasting and satellite broadcasting, although the U.S.  has not yet
implemented this allocation domestically.  

     See, Notice of Proposed Rulemaking, Order, Tentative Decision and Order
on Reconsideration, CC Docket No.  92-297, 8 FCC Rcd 557 (1993).  We are not
including in Appendix B specific proposed Part 21 rules for the Licensed
Millimeter Wave Service since we are proposing that those rules be very
similar to the rules proposed in the LMDS proceeding.  

     id, at para.  30.

     Major Trading Areas (MTAs) are defined in the Rand McNally 1992
Commercial Atlas & Marketing Guide, 123rd Edition, pages 36-39.  There are 47
MTAs as defined by Rand McNally.  As we have done in other services in which
we have used MTA license areas, we propose to separate Alaska from the
Seattle MTA and license it as a separate MTA-like area.  We also propose to
separately license the following three additional MTA-like areas: (1) Guam
and the Northern Mariana Islands; (2) Puerto Rico and the United States
Virgin Islands; and (3) American Samoa.  Thus we will license a total of 51
MTA or MTA-like areas on each spectrum block.  We note that Rand McNally &
Company owns the copyright to MTA/BTA Listings, which list the BTAs contained
in each MTA and the counties within each BTA, as embodied in Rand McNally's
Trading Area System MTA/BTA Diskette, and geographically represented in the
map contained in Rand McNally's Commercial Atlas & Marketing Guide.  Rand
McNally has licensed the use of its copyrighted MTA/BTA Listings and maps for
certain services such as PCS and 800 MHz SMR.  At present, however, services
in millimeter wave spectrum above 40 GHz are not covered by this agreement. 
We encourage interested parties and Rand McNally to explore the extension of
the current agreement to cover the proposed LMWS as well.  

     We are proposing to require that all non-government uses of shared
millimeter wave frequency bands be coordinated with NTIA unless we are able
to negotiate non-government exclusivity.  Information on U.S.  Government
assignments would be made available to the public except when necessary to
meet national security concerns.  Comments are invited regarding the
information that non-government licensees may need on existing or planned
government operations to affect coordination.  

     This band is also allocated to the Amateur Radio Service and is
available for use under Part 97 of our Rules.  This allocation and its
service rules are not affected by this proceeding.  

     See Second Report and Order, GEN Docket 90-314, 8 FCC Rcd 7700 at 7741,
para.  95 (1993). 

     Thus both the Government and the licensee could expand their existing
systems or add new systems within the service area.  Each new Government or
licensed transmitter would be prohibited from interfering with previously-
authorized and installed uses.  

     See Notice of Proposed Rule Making, ET Docket No.  93-62, 8 FCC Rcd 2849
(1993).  Our current rules specify the use of the American National Standard
ANSI C95.1-1982, "Safety Levels with Respect to Human Exposure to Radio
Frequency Electromagnetic Fields, 300 kHz to 100 GHz" for evaluating the
environmental effects of RF radiation.  See 47 CFR Section 1.1301, et seq. 
The Notice of Proposed Rule Making proposes to use a newly- developed
standard, IEEE C95.1-1991 (ANSI/IEEE C95.1-1992), "Safety Levels with Respect
to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300
GHz."  For frequencies above 15 GHz, ANSI C95.1-1982 is generally more
restrictive than IEEE C95.1-1991. We are proposing to defer any decisions
about relevant RF safety exposure standards pending completion of that
proceeding.  However, should this proceeding be completed prior to completion
of ET Docket No. 93-62, any millimeter wave band rules that do not conform
with the new RF exposure guidelines would be modified accordingly.  

     See Notice of Proposed Rule Making, ET Docket No.  93-62, supra, at 12,
for discussion about the definition of a controlled environment. 

     This is comparable to 0.25 watts EIRP.

     The power of unlicensed millimeter wave devices could be increased if we
permitted compliance with the IEEE standard at a greater distance.  

     Such design features could include circuitry to automatically turn off
the transmitter if a person comes too near to the antenna, or physical
protective enclosures to keep people at least a certain distance from the
antenna.  

     See 47 CFR Section 15.5.

     See 47 U.S.C.  Section 302(a).  

     The Electronic Industries Association has developed RF susceptibility
standards for TV receivers.  See, for example, ANSI/EIA 544-1989, "Immunity
of TV and VCR Tuners to Internally Generated Harmonic Interference from
Signals in the Band 535 kHz to 30 MHz."  The International Electrotechnical
Commission and the Special International Committee on Radio Interference
(CISPR) have also developed, and are developing, a number of susceptibility
standards that can be applied to a variety of electrical and electronic
products.  See, for example, IEC Publication 801-3 (1984), "Electromagnetic
Compatibility for industrial-process measurement and control equipment; Part
3: Radiated electromagnetic field requirements".  

     Typically, we have refrained from adopting standards regarding the level
of interference that home electronic equipment must be able to withstand
because we have felt such requirements could pose an excessive and unneeded
regulatory burden.  Instead, we have generally relied on the manufacturers
and users of Part 15 devices to correct any problems they encounter or for
industry to develop voluntary standards for susceptibility.  However, we
recognize a lack of such standards can cause interference problems that may
be difficult to resolve.  Furthermore, we recognize that many other
countries, including Canada and countries in Europe, adopt mandatory receiver
and antennas standards as part of their overall interference protection plan.  

     47 CFR Section 2.1031, et seq.

     For unlicensed Part 15 transmitters operating on frequencies below 40
GHz, we apply the measurement procedures contained in "American National
Standard for Methods of Measurement of Radio-Noise Emissions from Low-Voltage
Electrical and Electronic Equipment in the Range of 9 kHz to 40 GHz", ANSI
C63.4-1992, which was jointly developed by industry and FCC staff.  This
document is available as specified in 47 CFR Section 15.31(a)(6).  We invite
comment on the desirability of applying this standard, in whole or in part,
to unlicensed or possibly licensed millimeter wave equipment.  

     See 47 CFR Section 15.33 for unlicensed Part 15 transmitters.  See,
also, 47 CFR Section 2.997 for licensed transmitters.  The latter section
does not place a limit on the upper frequency range over which emissions
shall be measured.  However, it states that emissions shall be measured "to
the highest frequency practicable in the present state of the art of
measurement techniques."  The Commission has normally interpreted this upper
limit to be 40 GHz.  This results in no measurements of harmonics for any
transmitter with a highest fundamental frequency above 20 GHz.  

     The resolution bandwidth of the measuring instrument to be used above 1
GHz is not specified in the regulations, although ANSI C63.4-1992 does
discuss the appropriate minimum resolution bandwidth for measurements above
1000 MHz.  See 47 CFR Section 15.35(b).  

     See note following Section 13.1.4.2 in ANSI C63.4-1992.

     See letter dated March 21, 1994, from General Motors Research
Corporation (RM-8308). 

