[Federal Register Volume 61, Number 49 (Tuesday, March 12, 1996)]
[Rules and Regulations]
[Pages 9944-9945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5765]



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FEDERAL COMMUNICATIONS COMMISSION
47 CFR PART 25
[CC Docket No. 92-166; FCC 96-54]

Mobile Satellite Service in the 1610-1626.5/2483.5-2500 MHz 
Frequency Band

AGENCY: Federal Communications Commission.

ACTION: Final rule: petition for reconsideration.

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SUMMARY: The Commission has adopted, upon reconsideration, changes to 
the rules and policies establishing service and licensing rules for the 
Mobile Satellite Service in the 1610-1626.5/2483.5-2500 MHz Frequency 
Band. Specifically, we conclude that the ``interim plan,'' designed to 
avoid interference between the Big LEO systems and the Russian Global 
Navigation Satellite System (``GLONASS''), is unnecessary at this time. 
We also clarify our views concerning position determination 
capabilities in Big LEO earth terminals, and modifications to feeder 
link proposals. In order to ensure that United States licensees do not 
engage in practices that are contrary to the goal of competitive 
markets world-wide, we also adopt a rule concerning exclusive 
arrangements for provision of Big LEO service. We also clarify our 
``two-tiered'' processing scheme for financial qualifications. In 
addition, we make a number of minor editorial and clarifying changes to 
our technical rules.

EFFECTIVE DATE: April 11, 1996.

FOR FURTHER INFORMATION CONTACT: Karl Kensinger, International Bureau, 
Satellite and Radiocommunication Division, Satellite Policy Branch, 
(202) 418-0773.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memorandum Opinion and Order in CC Docket No. 92-166; FCC 96-54, 
adopted February 12, 1996 and released February 15, 1996. The complete 
text of this Memorandum Opinion and Order is

[[Page 9945]]
available for inspection and copying during normal business hours in 
the FCC Reference Center (Room 239), 1919 M Street, N.W., Washington, 
D.C., and also may be purchased from the Commission's copy contractor, 
International Transcription Service, (202) 857-3800, 2100 M Street, 
N.W., Suite 140, Washington, DC 20037.

Summary of Memorandum Opinion and Order

    1. The Commission continues the development of a regulatory 
structure conducive to the rapid and successful deployment of the 
global mobile satellite service systems known as ``Big LEOs,'' or low 
earth orbit Mobile Satellite Service systems in the 1.6/2.4 GHz 
frequency bands. These systems have a wide range of potentially 
revolutionary applications, including: (1) providing a comparatively 
low-cost means of connecting to the world-wide public telephone 
network, particularly in areas too remote or underpopulated to receive 
service through wires; (2) allowing global ``roaming'' by users of 
mobile phones, including hand-held phones; (3) providing ``fill-in'' 
service for areas not reached by terrestrial ``wireless'' services such 
as cellular telephones; and (4) providing for global competition in 
telephone and data services, both satellite and terrestrially based. In 
Amendment of the Commission's Rules to Establish Rules and Policies 
Pertaining to a Mobile Satellite Service in the 1610-1626.5/2483.5-2500 
MHz Frequency Band, 59 FR 53294 (October 21, 1994), 9 FCC Rcd 5936 
(1994) (``Big LEO Report''), the Commission adopted rules and policies 
for the Big LEO service. This order addresses requests for 
reconsideration of that decision, and makes minor changes and 
clarifications to the rules and policies adopted.
    2. The particular changes adopted here address concerns raised by 
the Big LEO licensees and applicants. We decline to adopt a number of 
other changes proposed by the applicants and licensees. We leave intact 
the protections to radio astronomy--protections developed in 
negotiations between Big LEO and radio astronomy interests. We decline 
at this time to adopt certain technical rules concerning interference 
between the competing Big LEO systems in order not to preempt 
prematurely private negotiations. We also decline to modify our 
construction milestone requirements or system replacement procedures.
    3. Accordingly, it is ordered, that the ``Petition for 
Reconsideration'' filed by AMSC Subsidiary Corp. on November 21, 1994, 
the ``Petition for Reconsideration,'' filed by Constellation 
Communications, Inc. on November 21, 1994, the ``Petition for 
Clarification and Partial Reconsideration,'' filed by Loral/Qualcomm 
Partnership, L.P., on November 21, 1994, the ``Petition for 
Clarification and Partial Reconsideration,'' filed by Motorola 
Satellite Communications, Inc., on November 21, 1994, and the 
``Petition for Partial Reconsideration and Clarification,'' filed by 
TRW Inc. on November 21, 1994, are granted to the extent indicated in 
this Memorandum Opinion and Order, and are otherwise denied.
    4. It is further ordered that the Rule Changes set forth below 
shall be effective April 11, 1996.

List of Subjects in 47 CFR Part 25

    Satellites.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Rule Changes

    Part 25 of Title 47 of the Code of Federal Regulations is amended 
as follows:

PART 25--SATELLITE COMMUNICATIONS

    1. The authority citation for Part 25 continues to read as follows:

    Authority: Sections. 101-404, 76 Stat. 419-427; 47 U.S.C. 701-
744, Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154. Interprets or 
applies sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303.


Sec. 25.114  [Amended]

    2. Section 25.114 is amended by removing paragraph (c)(6)(iii).
    3. Section 25.136(b) is revised to read as follows:


Sec. 25.136  Operating provisions for earth station networks in the 
1.6/2.4 GHz mobile-satellite service.

* * * * *
    (b) User transceiver units in this service are authorized to 
communicate with and through U.S. authorized space stations only. No 
person shall transmit to a space station unless the user transceiver is 
first authorized by the space station licensee or by a service vendor 
authorized by that licensee, and the specific transmission is conducted 
in accordance with the operating protocol specified by the system 
operator.
* * * * *
    4. Section 25.143 is amended by adding a new paragraph (h) to read 
as follows:


Sec. 25.143  Licensing provisions for the 1.6/2.4 GHz Mobile-Satellite 
Service.

* * * * *
    (h) Prohibition of certain agreements. No license shall be granted 
to any applicant for a space station in the mobile satellite service 
operating at 1610-1626.5/2483.5-2500 MHz if that applicant, or any 
persons or companies controlling or controlled by the applicant, shall 
acquire or enjoy any right, for the purpose of handling traffic to or 
from the United States, its territories or possession, to construct or 
operate space segment or earth stations, or to interchange traffic, 
which is denied to any other United States company by reason of any 
concession, contract, understanding, or working arrangement to which 
the Licensee or any persons or companies controlling or controlled by 
the Licensee are parties.
    5. Section 25.203 is amended by revising paragraphs (j) and (k) to 
read as follows:


Sec. 25.203  Choice of sites and frequencies.

* * * * *
    (j) Applicants for non-geostationary 1.6/2.4 GHz Mobile-Satellite 
Service/ Radiodetermination satellite service feeder links in the bands 
17.7-20.2 GHz and 27.5-30.0 GHz shall indicate the frequencies and 
spacecraft antenna gain contours towards each feeder-link earth station 
location and will coordinate with licensees of other fixed-satellite 
service and terrestrial-service systems sharing the band to determine 
geographic protection areas around each non-geostationary mobile-
satellite service/radiodetermination satellite service feeder-link 
earth station.
    (k) An applicant for an earth station that will operate with a 
geostationary satellite or non-geostationary satellite in a shared 
frequency band in which the non-geostationary system is (or is proposed 
to be) licensed for feeder links, shall demonstrate in its applications 
that its proposed earth station will not cause unacceptable 
interference to any other satellite network that is authorized to 
operate in the same frequency band, or certify that the operations of 
its earth station shall conform to established coordination agreements 
between the operator(s) of the space station(s) with which the earth 
station is to communicate and the operator(s) of any other space 
station licensed to use the band.


Sec. 25.213  [Amended]

    6. Section 25.213 is amended by removing paragraphs (c) and (d).

[FR Doc. 96-5765 Filed 3-11-96; 8:45 am]
BILLING CODE 6712-01-P