On December 22, 2023, the FCC released a Notice of Proposed Rulemaking seeking comment on a proposal to implement certain decisions regarding the 24.25-24.75 GHz band made in the World Radiocommunication Conference held by the International Telecommunication Union (“ITU”) in 2019 (“WRC-19”). The FCC seeks comment on aligning its Part 30 rules for mobile operations with the Resolution 750 limits on unwanted emissions into the passive 23.6-24.0 GHz band. The proposed rule changes would help to facilitate the protection of passive sensors used for weather forecasting and scientific research in the 23.6 GHz-24.0 GHz band, while continuing to promote flexible commercial use of the 24.25-24.45 GHz and 24.75-25.25 GHz bands (collectively the “24 GHz band”).
Specifically, the FCC seeks comment on the following:
- Codifying Resolution 750 Unwanted Emission Limits – The FCC proposes to adopt the Resolution 750 emission limits adopted at WRC-19, to apply them to all mobile systems in the 24 GHz band, and to incorporate the limits into the Part 30 technical rules as well as codify them in a new US footnote to the Table of Frequency Allocations. Under this proposal, mobile operations in the 24 GHz band would be required to comply with the current TRP limits adopted at WRC-19. The FCC seeks comment on this proposal, possible alternative limits, the effect of changes to the existing limits on smaller entities, and on the schedule for adoption of revised limits, among other things. The FCC also seeks comment on Qualcomm’s arguments in the record that the proposal will require 24 GHz users to operate with lower in-band power levels, and on CORF’s requests to adopt more stringent protections for Earth Exploration Satellite Service (“EESS”) operations.
- Services Subject to Resolution 750 Unwanted Emission Limits – The FCC proposes to apply the Resolution 750 unwanted emission limits to all mobile operations (as defined in Parts 2 and 20 of the FCC’s rules) in the 24 GHz band, not just to International Mobile Telecommunications (“IMT”) operations. The FCC seeks comment on this proposal and on NTIA’s request that the Resolution 750 unwanted emission limits be extended to fixed operations, including point-to-point and point-to-multipoint operations. The FCC also seeks comment on whether indoor small-cell systems should be exempt, as requested by AT&T and Ericsson.
- Timetable for Application of WRC-19 Limits – The FCC proposes to apply the new Resolution 750 unwanted emissions limits on the timeframes adopted at WRC-19. Under this proposal, the first phase limits (–33 dBW for base stations, –29 dBW for mobile stations) would apply as of the effective date of the rules, and the second phase limits (–39 dBW for base stations, –35 dBW for mobile stations) would apply to all deployments after September 1, 2027. Equipment that is certified based on compliance with the first phase limits prior to September 1, 2027 would expire on that date. Equipment remaining in the supply chain would then be illegal to sell or install under the rules. The FCC seeks comment on this proposal, whether to stop granting equipment certifications under phase I prior to the expiration date, whether to adopt an accelerated timetable, and how to transition equipment deployed under the phase I limits, among other things.
- Measuring Unwanted Emissions – The FCC proposes to allow compliance with the unwanted emissions limits for the 23.6-24.0 GHz band to be demonstrated using TRP measurements. The FCC seeks comment on whether to permit use of conductive power measurements as well.
- Other Issues – The FCC seeks comment on other requests in the record, such as alternatives to protect EESS radiometers from interference, and how to promote digital equity and inclusion.
Comments will be due 30 days after the date of publication in the Federal Register.
Reply comments will be due 45 days after the date of publication in the Federal Register.
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