[Federal Register Volume 62, Number 211 (Friday, October 31, 1997)]
[Proposed Rules]
[Pages 58932-58935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28760]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 25

[ET Docket No. 97-214; FCC 97-363]


Allocation of 455-456 MHz and 459-460 MHz Bands to MSS

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Notice of Proposed Rule Making (``NPRM'') proposes to 
amend the Commission's Rules to allocate the 455-456 MHz and 459-460 
MHz bands to the Mobile Satellite Service (Earth-to-space) (``MSS 
uplinks'') on a primary basis for non voice, non-geostationary mobile 
satellite services (``NVNG MSS''). When implemented, this service, also 
referred to as the ``Little LEO'' satellite service, will use 
constellations of low-Earth orbiting (``LEO'') satellites to provide 
commercial radiolocation and two-way data messaging services to 
potential customers anywhere in the world. This action proposes to 
implement domestically the NVNG MSS allocations adopted at the 1995 
World Radiocommunication Conference (``WRC-95'').

DATES: Comments must be filed on or before December 1, 1997, and reply 
comments must be filed on or before December 15, 1997.

ADDRESSES: Comments and reply comments should be sent to the Office of 
Secretary, Federal Communications Commission, Washington, D.C. 20554. 
If participants want each Commissioner to receive a personal copy of 
their comments, an original plus nine copies must be filed.

FOR FURTHER INFORMATION CONTACT: Tom Derenge, Office of Engineering and 
Technology, (202) 418-2451.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making, ET Docket 97-214, FCC 97-363, adopted October 
7, 1997, and released October 14, 1997. The full text of this 
Commission decision is 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 duplication contractor, International Transcription 
Service, (202) 857-3800, 1231 20th Street, N.W. Washington, D.C. 20036.

Summary of the Notice of Proposed Rule Making

    1. In the NPRM, the Commission proposes to amend its Rules to 
allocate the 455-456 MHz and 459-460 MHz bands to the Mobile Satellite 
Service (Earth-to-space) (``MSS uplinks'') on a primary basis for non-
voice, non-geostationary mobile satellite services (``NVNG MSS''). When 
implemented, this service, also referred to as the ``Little LEO'' 
satellite service, will use constellations of low-Earth orbiting 
(``LEO'') satellites to provide commercial radiolocation and two-way 
data messaging services to potential customers anywhere in the world. 
This action proposes to implement domestically the NVNG MSS allocations 
adopted at the 1995 World Radiocommunication Conference (``WRC-95''). 
This proposal would also address the growing demand for NVNG MSS and 
could provide satellite operators with increased flexibility in the 
design of their systems. Additionally, we propose to update Section 
2.106 of our Rules to indicate the international allocations and 
international footnotes adopted at WRC-95 in the domestically allocated 
NVNG MSS frequency bands.
    2. Little LEO satellite systems will allow customers to use small,

[[Page 58933]]

inexpensive transceivers to communicate with satellites operating at 
altitudes much lower than those in geostationary satellite orbits. The 
lower altitudes improve signal quality and reduce the time delay of 
transmission. Further, the orbital mechanics of LEO satellites cause 
them to appear on the horizon and move across the sky and then to 
disappear over the horizon as they orbit the Earth. In order to achieve 
continuous coverage, LEO systems plan to employ a constellation of 
satellites, so that as one satellite moves out of view, another 
satellite will come over the horizon to maintain coverage. The 
potential applications for this service include emergency location 
service, environmental data collection, vehicle tracking, and time-
sensitive business and personal data communications, anywhere in the 
world.
    3. The Commission believes that additional spectrum for NVNG MSS is 
needed to facilitate the competitive development of the Little LEO 
service. Although NVNG MSS has been allocated 4.05 megahertz of 
spectrum below 1 GHz (2.2 megahertz for uplinks and 1.85 megahertz for 
downlinks), we note that this spectrum is often shared with a number of 
incumbent operations, a factor which limits the capacity of Little LEO 
systems to meet service demands. We conclude that an allocation of 
additional spectrum will enable Little LEO licensees to develop cost 
effective systems with sufficient capacity to compete with other 
service providers in the telecommunications marketplace. Further, we 
note that the United States delegation for WRC-97 will seek an 
international allocation of additional spectrum below 1 GHz for Little 
LEO operations. Accordingly, we propose to allocate additional spectrum 
for Little LEO service and request comment on this proposal.
    4. We propose to allocate the 455-456 MHz and 459-460 MHz bands for 
Little LEOs on a co-primary basis subject to the provisions of 
international footnotes S5.286A, B, and C which would not permit Little 
LEO operations to interfere with or inhibit the development of 
incumbent terrestrial operations. Notwithstanding that the WRC-95 
Preparatory Docket concluded that these bands may have potential 
capacity for sharing with Little LEO uplinks without creating an 
unacceptable impact on incumbent operations, we request additional 
comment on whether there is sufficient spectrum sharing capacity in 
these bands to support the proposed allocation for Little LEOs and on 
whether there are techniques available that would permit Little LEOs to 
share this spectrum without causing harmful interference to or 
constraining the development of incumbent operations. If so, we also 
request comment on whether a primary allocation with technical sharing 
requirements would be sufficient to protect incumbent operations.
    5. Commission staff analysis indicates that there are more than 
25,000 Part 74 auxiliary broadcast transmitters authorized to use the 
455-456 MHz band throughout the United States. Since many auxiliary 
broadcast remote pickup channels in the 455-456 MHz band tend to be 
used only intermittently and Little LEO transmissions in the 148-149.9 
MHz band are currently limited to a short duration of only 450 
milliseconds, Little LEO systems may be able to search the spectrum for 
unused channels and accomplish their communications without hindering 
incumbent use. Further, as indicated in the Commission's WRC-95 
preparatory Report, Little LEO channel assignment and low power 
techniques combined with brief message duration and geographic 
separation may be able to protect broadcast auxiliary use. We note, 
however, that the signal integrity of broadcast programming material 
must be maintained and that Little LEO operations will not be permitted 
to cause harmful interference to such auxiliary broadcast signals. We 
invite comment on the feasibility of spectrum sharing between Little 
LEO transmissions and the terrestrial broadcast remote pickup 
operations.
    6. Also, Little LEO uplinks in the 459-460 MHz band would have to 
be compatible with a wide variety of fixed and mobile services 
authorized under Parts 22, 80 and 90 of the Rules. We note that certain 
operations in this frequency range, such as petroleum radio service 
operations at 459.0 MHz and BETRS operations, may be used only 
intermittently but require a high degree of reliability. Additionally, 
we note plans to auction channels in the 459.025-459.65 MHz segment to 
Part 22 licensees for such operations as common carrier paging, two-way 
mobile telephony, and rural radiotelephony. We seek comment on whether 
using the 459-460 MHz band for Little LEO operations would be 
compatible with current and future fixed and mobile operations. 
Specifically, we seek comment on whether certain portions of this band 
should not be allocated for Little LEO operations and on the 
feasibility of auctioning the 459.025-459.65 MHz segment to Part 22 
licensees and also using this spectrum for Little LEO operations.
    7. With respect to spectrum sharing between Little LEO operations 
and incumbent fixed and mobile operations in the 455-456 MHz and 459-
460 MHz bands, we note that this was initially addressed in preparation 
for WRC-95. While the sharing studies in IC Docket No. 94-31 were 
sufficient to justify seeking NVNG MSS uplink allocations in these 
bands, WRC-95 concluded that additional analysis was necessary. 
Specifically, WRC-95 acknowledged the demand for additional NVNG MSS 
spectrum, but it noted that spectrum below 1 GHz is extensively used by 
many services and that new technologies of some radio services, 
especially within the terrestrial mobile and broadcasting services, may 
have an impact on the sharing possibilities. Accordingly, WRC-95 
adopted Resolution 214 to invite the study and development of 
recommendations on technical and operational issues related to sharing 
between Little LEO operations and other services having allocations in 
the bands proposed at that conference, and in other bands as necessary.
    8. The issues of spectrum sharing between Little LEO operations and 
incumbent operations in the 455-456 MHz and 459-460 MHz bands are 
complex and will be thoroughly explored in a future, separate 
proceeding that will focus on developing appropriate service and 
licensing rules. We are seeking comment in the instant proceeding on 
whether there is sufficient sharing capacity in these bands to support 
the proposed allocation for Little LEOs and on whether there are 
techniques available that would permit Little LEOs to share this 
spectrum without causing harmful interference to or constraining the 
development of incumbent operations.
    9. Finally, we propose to update the International Table of 
Allocations in Part 2 of our Rules to reflect the Final Acts of WRC-95 
for the 137-138 MHz, 148-150.05 MHz, 399.9-400.05 MHz, 400.15-401 MHz, 
455-456 MHz and 459-460 MHz bands. Specifically, we propose to update 
the 137-138 MHz and 148-150.05 MHz bands to reflect changes in 
international footnotes in this segment. We also propose to correct the 
domestic allocation segments of the Allocation Table for the 137.025-
137.175 MHz and 137.825-138 MHz bands to indicate that the Mobile-
Satellite allocations are on a secondary basis. We also propose to 
update the 399.9-400.05 MHz segment of the International Table of 
Allocations to reflect a primary allocation in all Regions to Land 
Mobile-Satellite (Earth-to-space) operations and the associated 
international footnotes for this segment.

[[Page 58934]]

Further, we propose to update the 400.15-401 MHz segment of the 
International Table of Allocations to reflect changes in the 
international footnotes in this segment. Additionally, we propose to 
update the 455-456 MHz and 459-460 MHz segments of the International 
Table of Allocations to reflect a Region 2 allocation to Mobile-
Satellite (Earth-to-space) operations and the associated international 
footnotes in this segment.
    10. We also propose to replace international footnote numbers 596, 
597, 598, 599A, 599B, 608, 608A, 608B, 608C, 609, 609A, 609B, 645B, 
647A, and 647B with new international footnotes which meet the new 
Radio Regulation numbering scheme and which reflect all modifications 
to these footnotes adopted at WRC-95. Specifically, we propose to 
replace the removed footnotes with new international footnote numbers 
S5.204, S5.205, S5.206, S5.207, S5.208, S5.208A, S5.209, S5.218, 
S5.219, S5.220, S5.221, S5.222, S5.223, S5.224, S5.260, S5.262, S5.263, 
S5.264, S5.271, S5.286A, S5.286B, and S5.286C in the list of 
international footnotes in Section 2.106. Further, we propose to update 
the Table of Frequency Allocations by removing United States footnote 
number US326 which expired on January 1, 1997. We also propose to 
revise Section 25.202(a)(3) by removing certain provisions that expired 
on January 1, 1997. Parties may comment on these proposed updates. This 
action is taken in pursuant to Sections (4)(i), 7(a), 303(c), 303(f), 
303(g), and 303(r) of the Communications Act of 1934, as amended, 47 
U.S.C. Sections 154(i), 157(a), 303(c), 303(f), 303(g), and 303(r).

Final Regulatory Flexibility Analysis

    11. As required by the Regulatory Flexibility Act,1 the 
Commission has prepared an Initial Regulatory Flexibility Analysis of 
the expected significant economic impact on small entities by the 
policies and rules proposed in this Notice of Proposed Rule Making 
(``Notice''). Written public comments are requested on the IRFA. 
Comments must be identified as responses to the IRFA and must be filed 
by the deadlines for comments on the Notice provided above. The 
Secretary shall send a copy of this Notice, including the IRFA, to the 
Chief Counsel for Advocacy of the Small Business 
Administration.2
---------------------------------------------------------------------------

    \1\ 5 U.S.C. 603.
    \2\ See id. section 603(a).
---------------------------------------------------------------------------

A. Need for and Objectives of the Proposed Rules

    12. The Notice proposes to allocate the 455-456 MHz and 459-460 MHz 
bands to the Mobile Satellite Service (Earth-to-space) (``MSS 
uplinks'') on a primary basis for non-voice, non-geostationary mobile 
satellite services (``NVNG MSS''). This service, also referred to as 
the ``Little LEO'' satellite service, uses constellations of low-Earth 
orbiting (``LEO'') satellites to provide commercial radiolocation and 
two-way data messaging services to potential customers anywhere in the 
world. We take this action on our own initiative in order to adopt 
domestically the NVNG MSS allocation adopted at the 1995 World 
Radiocommunication Conference (``WRC-95'').3 This proposal 
addresses the growing demand for NVNG MSS and could provide satellite 
operators with increased flexibility in the design of their systems.
---------------------------------------------------------------------------

    \3\ See Final Acts of the World Radio[communication] Conference 
(WRC-95) Geneva, 1995, Geneva, 17 November 1995 (``Final Acts'').
---------------------------------------------------------------------------

B. Legal Basis

    13. This action is taken pursuant to Sections 4(i), 7(a), 303(c), 
303(f), 303(g), and 303(r) of the Communications Act of 1934, as 
amended, 47 U.S.C. Sections 154(i), 157(a), 303(c), 303(f), 303(g), and 
303(r).

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    14. The Commission has not developed a definition of small entities 
relevant to satellite services licensees. Therefore, the applicable 
definition of small entity in the satellite services industry is the 
definition under the Small Business Administration (SBA) rules 
applicable to Communications Services ``Not Elsewhere Classified.'' 
4 This definition provides that a small entity is expressed 
as one with $11.0 million or less in annual receipts. According to 
Census Bureau data, there are 848 firms that fall under the category of 
Communications Services, Not Elsewhere Classified. Of those, 
approximately 775 reported annual receipts of $11 million or less and 
qualify as small entities.5 The Census Bureau category is 
very broad and commercial satellite services constitute only a subset 
of its total.
---------------------------------------------------------------------------

    \4\ 13 CFR 121.201, Standard Industrial Classification (SIC) 
Code 4899.
    \5\ U.S. Bureau of the Census, U.S. Department of Commerce, 1992 
Census of Transportation, Communications, and Utilities, UC92-S-1, 
Subject Series, Establishment and Firm Size, Table 2D, Employment 
Size of Firms: 1992, SIC Code 4899 (issued May 1995).
---------------------------------------------------------------------------

    15. Although it is difficult to estimate the number of Little LEO 
entities that will utilize the spectrum proposed in this Notice, we 
note that the Commission has licensed three entities to provide Little 
LEO services in the United States: Orbital Communications Corporation 
(``Orbcomm''), Starsys Global Positioning, Inc. (``Starsys''), and 
Volunteers in Technical Assistance (``VITA''). Additionally, five more 
entities have filed applications with the Commission to provide Little 
LEO services: LEO One USA Corporation (``LEO One''); CTA Commercial 
Systems; E-Sat, Inc.; Final Analysis Communication Service, Inc. 
(``FACS''); and GE American Communications, Inc. (``GE Americom''). Of 
the eight potential Little LEO licensees that may ultimately utilize 
these bands if allocated, only VITA and LEO One qualify as small 
businesses.6 The other six entities are not small businesses 
because they each have revenues in excess of $11 million annually or 
have parent companies or investors that have revenues in excess of $11 
million annually. We request comment on the description and number of 
small entities that are significantly impacted by this proposal.
---------------------------------------------------------------------------

    \6\ See Notice of Proposed Rule Making at 44, IB Docket No. 96-
426, FCC 96-426, (1996).
---------------------------------------------------------------------------

    16. Additionally, we note that there are numerous small entities 
that currently operate terrestrial fixed and mobile radio systems in 
the 455-456 MHz and 459-460 MHz bands under Parts 22, 74, 80 and 90 of 
our rules. However, in a future proceeding we will consider technical 
limitations on the new Little LEO operations in these bands in order to 
prevent harmful interference to incumbent fixed and mobile operations. 
We have not proposed any rule changes to the incumbent fixed and mobile 
operations. Accordingly, we do not believe this proposed action will 
have a negative impact on small entities that currently operate in the 
455-456 MHz and 459-460 MHz bands.

D. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements

    17. In this proceeding, we are proposing to allocate this spectrum 
to NVNG MSS. The licensing and technical regulations governing these 
operations will be addressed in a separate proceeding. Therefore, this 
proposed action does not create any reporting or compliance 
requirements.

[[Page 58935]]

E. Significant Alternatives to Proposed Rules Which Minimize 
Significant Economic Impact on Small Entities and Accomplish Stated 
Objectives

    18. No Petitions for Rule Making were filed to initiate this 
proceeding and there are no comments in this proceeding that suggest 
alternatives to this proposed allocation. International regulations 
require that NVNG MSS operations not cause harmful interference to nor 
constrain the development of incumbent operations which should minimize 
the impact on incumbent small entities. We request comment on further 
alternatives that might minimize the amount of economic impact on small 
entities.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    19. None.

List of Subjects

47 CFR Part 2

    Comunications equipment, Radio.

47 CFR Part 25

    Communications equipment, Satellites.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-28760 Filed 10-30-97; 8:45 am]
BILLING CODE 6712-01-P