[Federal Register Volume 63, Number 161 (Thursday, August 20, 1998)]
[Proposed Rules]
[Pages 44597-44599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22353]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 63, No. 161 / Thursday, August 20, 1998 /
Proposed Rules
[[Page 44597]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2, 25, and 97
[ET Docket No. 98-142, FCC 98-177]
Mobile-Satellite Service Above 1 GHz
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: By this action, we propose to amend the Commission's Rules by
allocating the 5091-5250 MHz and 15.43-15.63 GHz bands to the fixed-
satellite service (``FSS'') on a co-primary basis for Earth-to-space
(``uplink'') transmissions and by allocating the 6700-7075 MHz and
15.43-15.63 GHz bands on a co-primary basis for space-to-Earth
(``downlink'') transmissions. We also propose to add these frequency
bands to the list of frequencies available for use by the Satellite
Communications Service. We further propose to limit the use of these
new FSS allocations to feeder links that would be used in conjunction
with the service links of non-geostationary satellite orbit mobile-
satellite service (``NGSO MSS'') systems. The adoption of these
proposals would provide spectrum for feeder links to support the
current and immediate requirements of NGSO MSS systems.
DATES: Comments are due September 21, 1998, reply comments are due
October 5, 1998.
ADDRESSES: Federal Communications Commission, 1919 M Street, NW,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Tom Mooring, Office of Engineering and
Technology, (202) 418-2450.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rule Making, ET Docket No. 98-142, FCC 98-177, adopted July
28, 1998, and released August 4, 1998. 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, NW,
Washington, DC, and also may be purchased from the Commission's
duplication contractor, International Transcription Service, (202) 857-
3800, 1231 20th Street, NW Washington, DC 20036.
Summary of the Notice of Proposed Rule Making
1. Introduction. By this action, we propose to amend part 2 of the
Commission's rules by allocating the 5091-5250 MHz and 15.43-15.63 GHz
bands to the FSS on a co-primary basis for uplink transmissions and by
allocating the 6700-7075 MHz and 15.43-15.63 GHz bands on a co-primary
basis for downlink transmissions. We also propose to amend part 25 in
order to add these frequency bands to the list of frequencies available
for use by the Satellite Communications Service. We further propose to
limit the use of these new FSS allocations to feeder links that would
be used in conjunction with the service links of NGSO MSS systems. The
adoption of these proposals would provide spectrum for feeder links to
support the current and immediate requirements of NGSO MSS systems. In
order to implement these feeder-link allocations, we propose,
consistent with the international allocations and footnotes, to
maintain the international standard system's right of precedence over
all other uses in the 5000-5150 MHz band and to remove that right in
the 5150-5250 MHz band, to delete the aeronautical mobile-satellite (R)
service allocations in the 5150-5250 MHz and 15.4-15.7 GHz bands, and
to delete the FSS and inter-satellite feederlink allocations for the
aeronautical radionavigation and/or aeronautical mobile (R) services in
the 5000-5250 MHz and 15.4-15.7 GHz bands.
2. In addition, we propose to implement the clarification
concerning the maximum power flux density (``PFD'') for Big LEO service
uplinks at 1610-1626.5 MHz that was adopted at the 1995 World
Radiocommunication Conference (``WRC-95'') and the more lenient
coordination threshold standard for Big LEO service downlinks at
2483.5-2500 MHz that was adopted at the 1997 World Radiocommunication
Conference (``WRC-97''). The proposals we make in this instant
proceeding are consistent with international allocations for these
frequency bands and will provide incumbent operations in these bands
with adequate protection from harmful interference.
3. NGSO MSS Feeder Links in the 5000-5250 MHz Band. We propose to
allocate the 5150-5250 MHz band to the non-Government fixed-satellite
(Earth-to-space) service on a primary basis; to adopt international
footnotes S5.367 (previously 733), S5.444 (796), S5.444A, S5.447A, and
S5.447C domestically; to delete reference to footnote 797 from the
United States Table of Frequency Allocations; and to add the 5091-5250
MHz band to the list of frequency bands available in the Satellite
Communications Service. The adoption of this proposal would provide Big
LEO and other commercial systems with 159 megahertz of contiguous NGSO
MSS feeder uplink spectrum from 5091 MHz to 5250 MHz. However, we
caution Globalstar and any other prospective user of the 5091-5250 MHz
band that Working Group 4A is still developing the sharing criteria
between aeronautical radionavigation service and FSS uplinks for this
band; that prior to January 1, 2010, the requirements of existing and
planned international standard systems (e.g., microwave landing
systems) which cannot be met in the 5000-5091 MHz band will take
precedence over other uses of the 5091-5150 MHz band; and, that after
January 1, 2010, FSS uplinks will operate on a secondary basis to the
aeronautical radionavigation service in the 5091-5150 MHz band. In
addition, we seek comment on footnote S5.447B, which provides for
``reverse band working'' in the 5150-5216 MHz band.
4. Finally, we observe that the National Telecommunications and
Information Administration (``NTIA'') has previously adopted footnote
G126, which states that Differential-Global-Positioning-System
(``DGPS'') stations may be authorized on a primary basis in the 5000-
5150 MHz bands for the specific purpose of transmitting DGPS
information intended for aircraft navigation. We propose to add
footnote G126 to the Government column of the 5000-5150 MHz band.
5. NGSO MSS Feeder Downlinks in the 6700-7075 MHz Band. We observe
that the 1995 Conference Preparatory Meeting Report indicated that
studies have shown that bi-directional spectrum sharing between
geostationary fixed-satellite service and non-geostationary mobile-
satellite service feeder link
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networks is technically feasible given careful site selection and
antenna sizing, and depending on the number of gateway earth stations.
At WRC-95, we proposed the 6700-7025 MHz band as a ``reverse band''
candidate. We made this proposal because the numerous restrictions on
the GSO FSS uplink allotment plan for the 6725-7025 MHz band have
resulted in only light use of this band throughout the world, including
the United States. Therefore, we believe that the 6700-7075 MHz band
could be used for feeder downlinks by up to four NGSO MSS systems using
currently available technology, with two of the systems ``cross
polarized'' from the other two. Accordingly, we propose to allocate the
6700-7075 MHz band to the non-Government fixed-satellite (space-to-
Earth) service on a co-primary basis; to adopt international footnotes
S5.440 (previously 791), S5.441 (792A), S5.458 (809), S5.458A, and
S5.458B domestically; to add a cross reference to the rules for the
Satellite Communications Service with respect to the 6875-7075 MHz
band; and to add the 6700-7075 MHz band (space-to-Earth) to the list of
FSS frequency bands available in the Satellite Communications Service.
In addition, we propose to adopt footnote S5.149 which states, inter
alia, that in making assignments to stations of other services,
administrations are urged to take all practicable steps to protect
radio astronomy use of the 6650-6675.2 MHz band from harmful
interference. Finally, we propose to replace the Domestic Public Fixed
Service (part 21) and Private Operational-Fixed Microwave Service (part
94) cross references with one for the Fixed Microwave Services (part
101); to delete the erroneous cross reference to the Domestic Public
Fixed Service (part 21) for the 6875-7075 MHz band in the Table of
Frequency Allocations; and to add an existing part 2 requirement to the
rules for the Amateur Radio Service. We request comment on all of the
proposals. In particular, comment is sought on the PFD limits in No.
S9.11A (previously known as Resolution 46). It is our belief that the
proposed PFD limits will afford terrestrial fixed and broadcast
auxiliary users of the band with adequate protection. We assume that
each satellite system will require only a few gateways, approximately
six in number. We solicit comment on this assumption, on how many
gateways overall are likely to use this band, whether technological
advances are likely to significantly increase the number of gateways,
and where these gateways are likely to be geographically located,
especially whether they will likely be located in rural areas, or in
urban areas. In general, we request comment on the likely impact of
sharing the spectrum with Big LEO feeder links upon the terrestrial
users.
6. NGSO MSS Feeder Links in the 15.4-15.7 GHz Band. In preparation
for WRC-97, the Commission, the WRC-97 Advisory Committee, and NTIA
assisted the ITU in the development of the necessary technical
constraints that would allow FSS uplinks and downlinks to co-exist with
incumbent services in the 15.4-15.7 GHz band. WRC-97 adopted the United
States proposals for the 15.4-15.7 GHz band. We now propose to
implement these WRC-97 changes domestically. Specifically, we propose
to allocate the 15.43-15.63 GHz band to the fixed-satellite service for
both uplink and downlink transmissions and to adopt international
footnotes S5.511A and S5.511C domestically. We also propose to delete
reference to footnotes 733 and 797 from the 15.4-15.7 GHz band entry in
the Table of Frequency Allocations, to add a cross reference to the
rules for the Satellite Communications Service into the 15.43-15.63 GHz
band entry, and to add both the FSS uplink and downlink allocations to
the list of frequency bands available in the Satellite Communications
Service. We request comment on these proposals.
7. Big LEO Service Link Coordination. During our preparation for
WRC-95, we stated that technical constraints that could hinder
implementation of the Big LEO service had been identified in that
proceeding and in the ITU-R process. Accordingly, we proposed that WRC-
95 remove several of these constraints from the Big LEO service link
spectrum. WRC-95 generally adopted our proposals, and we are now
proposing to implement domestically these WRC-95 changes.
8. Big LEO systems are authorized to use the 1610-1626.5 MHz band
for their service uplinks. In our WRC-95 preparation, we proposed to
modify footnote 731E by specifying a ``peak'' power density limit in
those parts of the 1610-1626.5 MHz band which are used by systems
operating in accordance with footnote 732, and by specifying a ``mean''
power density in the part of the band where no such systems are
operating. We also stated that interference protection under RR No. 953
should be sufficient and accordingly proposed to delete the language
specifying additional protection of non-MSS services in the 1610-1626.5
MHz band.
9. WRC-95 adopted our proposal for RR 731E (re-numbered as S5.364),
except that the additional protection of non-MSS services was not
deleted. In addition, international footnotes 722, 731F, 732, 733,
733A, 733E, and 734, which have previously been adopted domestically,
were re-numbered as S5.341, S5.365, S5.366, S5.367, S5.368, S5.372, and
S5.149, respectively. Accordingly, we propose to update the United
States table by adopting these international footnotes domestically. We
request comment on this proposal. Finally, we observe that a recent
revision to footnote US319 was inadvertently not published in the Code
of Federal Regulations and that footnote S5.368 (previously 733A) was
inadvertently not added to the 1613.8-1626.5 MHz band. We therefore
take this opportunity to correct these oversights.
10. Big LEO systems are authorized to use the 2483.5-2500 MHz band
for their service downlinks. In our preparation for WRC-95, we
expressed concern that footnote 753F references PFD limits in RR No.
2566 that may be too stringent and could result in unnecessary
coordination. We also proposed to add cautionary language in footnote
753F to protect radio astronomy in the 4990-5000 MHz band and declined
to propose to suppress footnote 733E.
11. Footnote 753F states that coordination, in this band, of space
stations of the mobile-satellite and radiodetermination-satellite
services with terrestrial services is required only if the PFD produced
by a space station at the Earth's surface exceeds the limits in Radio
Regulation No. 2566. WRC-95 re-numbered footnote 753F as S5.402 and
modified it to provide a more lenient coordination threshold standard
than the current requirement and this new coordination threshold
standard is incorporated in Resolution 46/No. S9.11A. WRC-97 further
revised the interim procedures in Resolution 46. We also note that the
procedures for the coordination and notification of frequency
assignments of satellite networks established under No. S9.11A are only
interim in nature. In particular, we observe that the coordination
threshold factors applicable to terrestrial services other than fixed
services may be reviewed at a future conference. Nonetheless, we
believe that the new coordination threshold will adequately protect
incumbent terrestrial services, while significantly increasing the
usefulness of the 2483.5-2500 MHz band for Big LEO service downlinks.
In addition, international footnotes 752 and 753A, which have
previously been adopted domestically, were re-
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numbered as S5.150 and S5.398, respectively. Accordingly, we propose to
update the United States table by adopting these international
footnotes domestically. We invite comments on these proposals. Finally,
we observe that a recent revision to footnote NG147 was inadvertently
not published in the Code of Federal Regulations, and we therefore take
this opportunity to correct this oversight.
Initial Regulatory Flexibility Analysis Certification
12. The Regulatory Flexibility Act (``RFA'') 1 requires
that a regulatory flexibility analysis be prepared for notice and
comment rulemaking proceedings, unless the agency certifies that ``the
rule will not, if promulgated, have a significant economic impact on a
substantial number of small entities.'' The RFA generally defines
``small entity'' as having the same meaning as the term ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A small business concern is one which: (1) is independently owned
and operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the Small Business
Administration (SBA).
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\1\ The RFA, see 5 U.S.C. 601 et. seq., has been amended by the
Contract with American Advancement Act of 1996, Pub. L. 104-121, 110
Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).
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13. This Notice of Proposed Rule Making (``Notice'') proposes to
allocate the 5091-5250 MHz and 15.43-15.63 GHz bands to the fixed-
satellite (Earth-to-space) service on a primary basis, to allocate the
6700-7075 MHz and 15.43-15.63 GHz bands on a primary basis to the
fixed-satellite (space-to-Earth) service, and to limit the use of these
FSS allocations to feeder links that would be used in conjunction with
the service links of NGSO MSS systems. We take this action on our own
initiative in order to adopt domestically the NGSO MSS feeder link
allocations adopted at WRC-95. The adoption of this proposal would
accommodate the growing demand for Big LEO services and would provide
satellite operators with increased flexibility in the design of their
systems.
14. The Commission has not developed a definition of small entities
specifically applicable to the satellite services licensees here at
issue. 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.'' 2 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.3 The Census
Bureau category is very broad and commercial satellite services
constitute only a subset of its total.
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\2\ 13 CFR 121.201, Standard Industrial Classification (SIC)
Code 4899.
\3\ 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).
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15. We estimate that--using current technology--up to four NGSO MSS
systems could utilize the feeder uplink spectrum and that up to six
NGSO MSS systems could utilize the feeder downlink spectrum being
allocated in this proceeding. None of the Big LEO licensees is a small
business 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.
16. We therefore certify that this Notice will not have a
significant economic impact on a substantial number of small entities.
The Commission's Office of Public Affairs, Reference Operations
Division, will send a copy of this Notice, including this
certification, to the Chief Counsel for Advocacy of the Small Business
Administration.
List of Subjects
47 CFR Part 2
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 25
Communications common carriers, Communications equipment, Radio,
Reporting and recordkeeping requirements, Satellites.
47 CFR Part 97
Communications equipment, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 98-22353 Filed 8-19-98; 8:45 am]
BILLING CODE 6712-01-P