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The Federal Communications Commission: Seeks Comment on a Request for Nationwide Waiver of Intelligent Transportation System Rules To Use C-V2X Technology in the 5.895-5.925 GHz Band Publication: Federal Register Agency: Federal Communications Commission Byline: Amy Brett Date: 28 June 2022 Subject: American Government 
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[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Notices]
[Pages 38403-38405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13793]
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FEDERAL COMMUNICATIONS COMMISSION
[ET Docket No. 19-138; DA 22-611; FRS 92669]
The Federal Communications Commission: Seeks Comment on a Request
for Nationwide Waiver of Intelligent Transportation System Rules To Use
C-V2X Technology in the 5.895-5.925 GHz Band
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: The Federal Communications Commission's Wireless
Telecommunications Bureau (WTB) and Public Safety and Homeland Security
Bureau (PSHSB) issue this Public Notice seeking comment on a joint
filing by certain automakers, state departments of transportation, and
equipment manufacturers requesting a waiver of the Commission's rules
governing intelligent transportation system (ITS) operations to permit
them to deploy Cellular Vehicle-to-Everything (C-V2X) technology
immediately in the upper 30 megahertz (5.895-5.925 GHz) portion of the
5.850-5.925 GHz Band (5.9 GHz Band). Importantly, the waiver seeks
authority to deploy C-V2X technology before the Commission renders its
final decision on the rules for the technical and logistical parameters
of C-V2X that will ultimately govern ITS operations in the band. The
Public Notice provides specific information about the waiver request as
well as instructions on how to submit comments in the docket and the
schedule for doing so.
ADDRESSES: Federal Communications Commission, 45 L Street NE,
Washington, DC 20554.
DATES: Issued on June 28, 2022. Comments are due July 28, 2022. Reply
Comments are due August 29, 2022.
FOR FURTHER INFORMATION CONTACT: Thomas Reed, Attorney Advisor,
Mobility Division, Wireless Telecommunications Bureau, at
Thomas.Reed@fcc.gov or (202) 418-0531, or Roberto Mussenden, Senior
Attorney, Policy and Licensing Division, Public Safety and Homeland
Security Bureau, at Roberto.Mussenden@fcc.gov or (202) 418-1428.
SUPPLEMENTARY INFORMATION: This is a summary of a public notice seeking
comment on a request for waiver of the Federal Communication
Commission's rules governing intelligent transportation service
operations in the 5.895-5.925 GHz Band, ET Docket No. 19-138, DA 22-
611, on June 7, 2022. The full text of this document is available for
public inspection at the following internet address: https://www.fcc.gov/document/wtb-pshsb-seek-comment-its-rule-waiver-use-c-v2x-59ghz-band. Alternative formats are available for people with
disabilities (Braille, large print, electronic files, audio format), by
sending an email to FCC504@fcc.gov or calling the Consumer and
Governmental Affairs Bureau at 202-418-0530 (voice) or 202-418-0432
(TTY).
Synopsis: By this Public Notice (PN), the Wireless
Telecommunications Bureau and the Public Safety and Homeland Security
Bureau (the Bureaus) seek comment on a joint filing by certain
automakers, state departments of transportation (DOTs), and equipment
manufacturers (collectively, the C-V2X Joint Waiver Parties),\1\
requesting a waiver of the Commission's rules applicable to intelligent
transportation system (ITS) operations in the upper 30 megahertz
(5.895-5.925 GHz) portion of the 5.850-5.925 GHz Band (5.9 GHz Band)
``to permit them to collectively deploy and facilitate deployment of
Cellular Vehicle-to-Everything (`C-V2X') technology immediately.'' \2\
Specifically,
[[Page 38404]]
the C-V2X Joint Waiver Parties seek a waiver of 47 CFR 2.106, NG160 \3\
to allow nationwide use of the upper 30 megahertz of the 5.9 GHz Band
for C-V2X operating in the Intelligent Transportation System (ITS),
conditioned on the technical parameters set forth in Appendix 1 of
their submission.\4\ They also seek a waiver of certain part 90 and
part 95 rules (47 CFR 90.375, 90.377, 90.379, 95.3159, 95.3163,
95.3167, and 95.3189) \5\ governing the operation of roadside units
(RSUs) and on-board units (OBUs) in the upper 30 megahertz of the 5.9
GHz Band.\6\
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\1\ This waiver request was submitted by Audi of America, Inc.,
Ford Motor Company, Jaguar Land Rover, the Utah Department of
Transportation, the Virginia Department of Transportation, AAEON
Technology Inc., Advantech Co., Ltd., Applied Information, Inc.,
Cohda Wireless Pty Ltd., Commsignia, Inc., Danlaw Inc., HARMAN
International Industries, Inc., Kapsch TrafficCom USA Inc., and
Panasonic Corporation of North America.
\2\ See Request for Waiver of 5.9 GHz Band Rules to Permit
Initial Deployments of Cellular Vehicle-to-Everything Technology,
Ford Motor Company, et al., ET Docket No. 19-138, at 1 (filed Dec.
13, 2021) (C-V2X Joint Waiver Request): https://www.fcc.gov/ecfs/file/download/DOC-5f6d7d2ef3400000-A.pdf?file_name=C-V2X%20Waiver%20Request%2012%2013%202021.pdf. More recently,
additional information on the request was submitted to the
Commission. See Letter from the C-V2X Joint Waiver Parties to
Marlene H. Dortch, Secretary, FCC, ET Docket No. 19-138 (filed Apr.
20, 2022) (C-V2X Joint Waiver Request Supplement): https://www.fcc.gov/ecfs/search/search-filings/results?q=(proceedings.name:(%2219-138%22)+AND+date_received:(2021-
12-01%20TO%202022-05-23)).
\3\ ``In the band 5895-5925 MHz, the use of the non-federal
mobile service is limited to operations in the Intelligent
Transportation Systems radio service.'' 47 CFR 2.106, NG160.
\4\ C-V2X Joint Waiver Request at 2; see also C-V2X Joint Waiver
Request Supplement at 3-4.
\5\ See 47 CFR 90.375, 90.377, 90.379, 95.3159, 95.3163,
95.3167, and 95.3189.
\6\ See C-V2X Joint Waiver Request at 2.
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In its 5.9 GHz First Report and Order and Further Notice, adopted
on November 20, 2020, the Commission retained the upper 30 megahertz of
the 5.9 GHz Band for ITS operations, and it required that, following a
transition period, ITS operations transition from Dedicated Short-Range
Communication (DSRC) technology to C-V2X technology rules. In the
Further Notice portion of its decision, the Commission sought comment
on the rules for the technical and logistical parameters of C-V2X that
ultimately would govern ITS operations in the band.\7\ While part 90
ITS licensees operating in the upper 30 megahertz are authorized to
operate ITS under DSRC-based rules pending adoption of final C-V2X
rules, the Commission also recognized that licensees may wish to
operate C-V2X-based ITS prior to adoption of those final rules.\8\
Accordingly, the Commission directed the Bureaus to issue a public
notice providing guidance for licensees that may wish to obtain waivers
of the existing DSRC-based rules to operate C-V2X operations, either
through a streamlined waiver request process (if requesters qualify),
or through our normal section 1.925 waiver process.\9\
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\7\ Use of the 5.850-5.925 GHz Band, ET Docket No. 19-138, First
Report and Order, Further Notice of Proposed Rulemaking, and Order
of Proposed Modification, 35 FCC Rcd 13440, 13464-65, para. 55
(2020) (5.9 GHz First Report and Order and Further Notice). The
Commission has not yet rendered a decision on the rule changes
proposed in the Further Notice of Proposed Rulemaking.
\8\ 5.9 GHz First Report and Order, 35 FCC Rcd at 13464, para.
55.
\9\ See Wireless Telecommunications Bureau and Public Safety and
Homeland Security Bureau Provide Guidance for Waiver Process to
Permit Intelligent Transportation System Licensees to Use C-V2X
Technology in the 5.895-5.925 GHz Band, Public Notice, DA 21-962
(WTB, PSHSB Aug. 6, 2021), at 2 (Guidance PN).
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Guidance PN. The Guidance PN, issued on August 6, 2021, provided
the following guidance to waiver applicants who elect to use the normal
section 1.925 process:
If an ITS waiver applicant that seeks authority to operate C-
V2X-based roadside units or on-board units in the 5.895-5.925 GHz
band is unable to comply with the existing ITS technical rules found
in 47 CFR 90.371-90.383 or 47 CFR 95.3167-95.3189, respectively,
they should include in their general waiver request the
certifications from the streamlined waiver process outlined in this
PN that they are unable to meet, the specific existing rules that
they are unable to comply with, along with a specific proposal of
the technical specifications they seek to use instead, and an
explanation of why a waiver is warranted under Section 1.925. To
facilitate granting of qualifying waiver requests, and in light of
the alternate technical specifications proposed in their waiver, we
would generally expect the ITS waiver applicant to include a
demonstration showing that their requested waiver would not cause a
greater potential for interference to other users operating in the
5.895-5.925 GHz band than DSRC-based operations in this band, and
otherwise to address how the public interest would be served by such
a waiver under Section 1.925. Based on the proposed change in
technical parameters, the waiver request should also address any
conditions (e.g., coordination zone radius, per 47 CFR 90.371(b))
necessary to protect Federal Government Relocation Services.\10\
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\10\ Guidance PN at 2-3, n.10.
C-V2X Joint Waiver Request. In the C-V2X Joint Waiver Request, the
automakers (Audi, Ford, and Jaguar Land Rover) seek a waiver in order
to introduce C-V2X into their vehicle fleets throughout the United
States as soon as possible.\11\ As noted in their request, the C-V2X
Joint Waiver Parties further seek permission for nationwide C-V2X OBU
operations.\12\ Specifically, they ask that the Commission waive its
rules to the extent necessary to allow the Utah and Virginia DOTs to
deploy C-V2X RSUs throughout their respective states, both RSUs and
OBUs, under the FCC ITS licenses each currently holds,\13\ and allow
each of the identified automakers to deploy C-V2X-based OBUs in all of
its cars sold in the United States.\14\ The C-V2X Joint Waiver Parties
also request that the Commission waive its rules to the extent
necessary to allow the identified equipment manufacturers to obtain the
necessary equipment certifications for their C-V2X equipment.\15\ The
C-V2X Joint Waiver Parties state that while the automakers and state
departments of transportation will initially deploy C-V2X technology
based on LTE technology (3GPP Releases 14 and 15), the parties request
the flexibility to deploy 5G-based C-V2X (3GPP Release 16), as
well.\16\ If granted, the net effect of the waiver would be to allow C-
V2X operations in Utah and Virginia and the equipping of vehicles
nationwide with C-V2X OBUs.
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\11\ C-V2X Joint Waiver Request at 3-4.
\12\ C-V2X Joint Waiver Request Supplement at 4.
\13\ C-V2X Joint Waiver Request at 4-5. Utah DOT holds FCC
license WQCE200. Virginia DOT holds FCC license WQCU200.
\14\ C-V2X Joint Waiver Request at 4-5.
\15\ Id. at 5.
\16\ C-V2X Joint Waiver Request Supplement at 4, notes 15, 16.
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In their request, the C-V2X Joint Waiver Parties ask the Commission
to permit C-V2X-based operations on 20 megahertz (5905-5925 MHz) in the
ITS band, pending adoption of final C-V2X-based rules, which meet the
technical parameters set forth in the tables below.\17\
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\17\ C-V2X Joint Waiver Request Appendix 1 at 10-11; C-V2X Joint
Waiver Request Supplement at 3. The C-V2X Joint Waiver Request
Supplement did not change the technical parameters proposed in the
C-V2X Joint Waiver Request.
[[Page 38405]]
C-V2X OBU and RSU Operations Under C-V2X Joint Waiver Request
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OBU transmitter RSU antenna center
Frequency range Channel bandwidth output power/EIRP RSU EIRP limit line height above
* limits roadway bed surface
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5905-5925 MHz.................. 20 MHz........... 20 dBm/33 dBm.... 33 dBm........... For heights of 8
meters or less.
Or in the alternative,
the RSU EIRP is
reduced by a factor
of 20 x log(height/8)
for heights 15 meters
or less (but greater
than 8 meters).
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* EIRP (equivalent isotropically radiated power).
C-V2X Joint Waiver Request Out-of-Band Emissions (OOBE) Limits
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OOBE power OOBE power
spectral spectral
Frequency offset (MHz from channel density offset density for C-
edge) relative to 33 V2X
dBm/20 MHz (or transmissions
10 dBm/100 MHz) (dBm/100 kHz)
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0.0................................... -26.0 -16.0
1.0................................... -32.0 -22.0
10.0.................................. -40.0 -30.0
20.0.................................. -50.0 -40.0
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In their filings, the C-V2X Joint Waiver Parties provide additional
discussion and explanation, asserting that the public interest would be
served if the Commission were to permit C-V2X operations pending
adoption of final C-V2X-based rules, and that these materials provide
sufficient support for the Commission to grant waiver(s) of its rules
to the extent necessary to permit the proposed C-V2X operations.\18\
They contend that their proposed technical parameters for C-V2X
operations are generally consistent with DSRC parameters and unlikely
to raise interference concerns to existing licensed services in the
band.\19\ They also agree, as a condition of any waiver grant, they
would be obligated to comply with any final rules that the Commission
adopts for C-V2X operations.\20\
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\18\ See generally C-V2X Joint Waiver Request; C-V2X Joint
Waiver Request Supplement.
\19\ See, e.g., C-V2X Joint Waiver Request Supplemental at 4.
\20\ Id. at 4.
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Public Comment on Waiver. Prior to evaluating the merits of the
Joint C-V2X Waiver Request, and in order to assist in assessing the
request, the Bureaus seek comment on this waiver request, including
whether the request contains sufficient information for the Commission
to grant their request or whether additional modifications or
clarifications would be appropriate.
Procedural Matters
To develop a complete record on the issues presented by this
request, the proceeding will be treated, for ex parte purposes, as a
``permit-but-disclose'' proceeding in accordance with Section 1.1200(a)
of the Commission's rules, subject to the requirements under Section
1.1206(b). Parties should file all comments and reply comments in ET
Docket No. 19-138.
Filing Requirements. Parties may file comments, identified by ET
Docket No. 19-138, by any of the following methods:
Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: https://www.fcc.gov/ecfs/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
Filings can be sent by commercial courier or by the U.S. Postal
Service. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.
Commercial deliveries (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.
U.S. Postal Service First-Class, Express, and Priority
mail must be addressed to 45 L Street NE, Washington, DC 20554.
Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changeshanddelivery-policy.
During the time the Commission's building is closed to the
general public and until further notice, if more than one docket or
rulemaking number appears in the caption of a proceeding, paper filers
need not submit two additional copies for each additional docket or
rulemaking number; an original and one copy are sufficient.
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to fcc504@fcc.gov or call the
Consumer & Government Affairs Bureau at 202-418-0530 (voice), 202-418-
0432 (tty).
By the Acting Chief, Wireless Telecommunications Bureau, and the
Chief, Public Safety and Homeland Security Bureau.
Amy Brett,
Acting Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2022-13793 Filed 6-27-22; 8:45 am]
BILLING CODE 6712-01-P