SUBMITTED ELECTRONICALLY

September 21, 2020

Marlene H. Dortch, Secretary Federal Communications Commission Office of the Secretary 445 12th Street, SW Washington, D.C. 20554

Re: Office of Engineering & Technology Seeks Comment on Tesla Inc. Request for Waiver of Section 15.255(C)(3) of the Commission's Rules for Short-Range Interactive Motion Sensors for Vehicle Radar Operation in the 60-64 GHz Band, Federal Communications Commission No. DA 20- 898, ET Docket No. 20-264 (August 20, 2020)

Dear Ms. Dortch:

The Alliance for Automotive Innovation (“Auto Innovators”)1 respectfully submits these comments in response to Tesla, Inc.’s (“Tesla”) request for waiver of Section 15.255 (c)(3) of the Federal Communications Commission’s (“FCC” or “Commission”) rules for Short Range Interactive Sensing Devices. Auto Innovators supports Tesla’s use of unlicensed millimeter-wave sensing devices in the 57- 71 GHz spectrum band at a higher power level than specified in the rule. Auto Innovators believes that granting Tesla’s request to waive Section 15.255 (c)(3) of the Commission’s rules will be in the best interest of the public by creating significant safety and security benefits through advanced vehicle safety applications. Additionally, granting the waiver request will not pose a threat of harmful interference to other spectrum users.

Auto Innovators’ underlying mission is to develop safer, cleaner, and smarter mobility options for the American public. Our members seek opportunities to innovate and accelerate the safe deployment of advances in personal transportation. Granting Tesla’s waiver request aligns with this mission and promotes automotive innovation. Achieving the full potential of millimeter wave radar technology for in-

1 Auto Innovators is the leading advocacy group for the auto industry, representing 37 innovative manufacturers and value chain partners who together produce nearly 99 percent of all light-duty vehicles sold in the United States. The members of Auto Innovators include (alphabetically) PLC, Aston Martin, Robert Bosch LLC, BMW Group, Byton, Cruise LLC, DENSO, Fiat Automobiles, Ferrari S.p.A., , Company, Harman International, Honda Motor Company, Hyundai Motor America, Intel Corporation, Motors Ltd., Jaguar Land Rover, , Motors, Local Motors, Maserati, Motor Corporation, McLaren Automotive, Mercedes-Benz USA, Mitsubishi Motors, Motor Company, NXP Semiconductors, Panasonic Corporation, Porsche, PSA North America, SiriusXM, Subaru, , Texas Instruments, Toyota Motor Company, Volkswagen Group of America, and Volvo Car USA.

1050 K Street, NW | Suite 650 | Washington, DC 20001 | AutosInnovate.org

vehicle sensing applications will serve public interests of improved safety, reduced injuries, and enhanced vehicle security. For these reasons, Auto Innovators supports the waiver request in this proceeding.

Tesla states that its motion sensing device incorporates millimeter wave radar technology to detect movements within a vehicle and to classify vehicle occupants.2 The advantages of millimeter radar technology over other sensing systems, including camera-based systems or in-seat occupant detection systems, include increased sensing efficiency, depth perception and the ability to “see” through certain materials, differentiation between a human and an inanimate object, the assessment of body size to discriminate between adults and children, and the detection of micromovements like breathing and heart rates, which help to more accurately limit system responses.3 These characteristics make this technology especially beneficial to address important safety issues including, protecting vehicle occupants from injury through advanced airbag deployment and seatbelt reminders, enhanced theft prevention systems, and reducing the risk of pediatric vehicular heatstroke. For pediatric vehicle heatstroke, this technology would assist automakers with preventing the average 39 deaths that have occurred annually, and the over fifty fatalities in 2019 and 2018, from children being left unattended in hot cars.4

Auto Innovators believes that good cause exists to grant Tesla’s waiver request. We agree with requestors and commenters in pending waiver proceedings that the Commission should consider a comprehensive rulemaking to update the technical rules for the 60 GHz band to revise the power level restriction in Section 15.255 (c)(3). We also encourage FCC’s Office of Engineering Technology (“OET”) to grant other waiver requests that meet the same technical requirements.

Auto Innovators thanks OET for its consideration of technologies to improve automotive safety. We appreciate the opportunity to comment on this proceeding.

Respectfully submitted,

Scott Schmidt Senior Director, Safety

2 In the Matter of Tesla, Inc., Request for Waiver of Section 15.255(C)(3) of the Commission's Rules for Short-Range Interactive Motion Sensors for Vehicle Radar Operation in the 60-64 GHz Band, ET Docket No. 20-264, at p.1, (July 31, 2020). 3 Id. at pp. 3-4. 4 See https://injuryfacts.nsc.org/motor-vehicle/motor-vehicle-safety-issues/hotcars/ (last accessed September 10, 2020).