[Federal Register Volume 63, Number 195 (Thursday, October 8, 1998)]
[Proposed Rules]
[Pages 54100-54104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26994]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 25

[IB Docket No. 98-172; FCC 98-235]


Redesignation of the 18 GHz Frequency Band, Blanket Licensing of 
Satellite Earth Stations in the Ka-band, and the Allocation of 
Additional Spectrum for Broadcast Satellite Service Use

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: In this Notice of Proposed Rulemaking (NPRM) the Commission 
proposes redesignation of the 17.7-19.7 GHz band; blanket licensing 
procedures for satellite earth stations in the Ka-band (17.7-20.2 GHz, 
space-to-Earth transmit frequencies and 27.5-30.0 GHz, Earth-to-space 
transmit frequencies); and the allocation of additional spectrum for 
the Broadcast Satellite Service (BSS) in the 17.3-17.8 GHz and 24.75-
25.25 GHz frequency bands. The proposed redesignation of the 17.7-19.7 
GHz band will separate terrestrial fixed service and fixed satellite 
service operations and allow for more efficient use of this spectrum. 
We believe that blanket licensing will provide a fast and efficient 
means for licensing the large numbers of Ka-band satellite earth 
stations expected to be deployed. Finally, the proposed BSS allocation 
will conform our domestic allocation to the International 
Telecommunication Union (``ITU'') Region 2 BSS allocation and will 
provide additional spectrum for direct-to-home video services.

DATES: Comments are due on or before November 5, 1998, and reply 
comments are due on or before December 7, 1998.
    Written comments by the public on the proposed information 
collections are due on or before November 5, 1998. Written comments 
must be submitted by the Office of Management and Budget (OMB) on the 
proposed information collections on or before December 7, 1998.

ADDRESSES: Office of the Secretary, Room 222, Federal Communications 
Commission, 1919 M Street, N.W., Washington, DC 20554. In addition to 
filing comments with the Secretary, a copy of any comments on the 
information collections contained herein should be submitted to Judy 
Boley, Federal Communications Commission, Room 234, 1919 M Street, 
N.W., Washington, DC 20554, or via the Internet to [email protected] and 
to Timothy Fain, OMB Desk Officer, 10236 NEOB, 725--17th Street, N.W., 
Washington, DC 20503 or via the Internet to [email protected].

FOR FURTHER INFORMATION CONTACT: Charles Magnuson, Planning and 
Negotiation Division, International Bureau, (202) 418-2159. For further 
information concerning the information collections contained in this 
NPRM contact Judy Boley at (202) 418-0214, or via the Internet at 
[email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's NPRM, 
(FCC 98-235) adopted September 17, 1998, and released September 18, 
1998. The complete text of this Commission action, including the 
proposed rules, is available for inspection and copying during the 
weekday hours of 9 a.m. and 4:30 p.m. in the Commissions Reference 
Center, Room 239, 1919 M Street, N.W., Washington, DC, or copies may be 
purchased from the Commission's duplicating contractor, ITS, Inc., 2131 
M Street, N.W., Washington, DC 20036, phone (202) 857-3800. The 
complete text is also available under the file name fcc98235.txt or 
fcc98235.wp on the Commission's internet site at http://www.fcc.gov /
Bureaus/International/Notices/1998.
    To file formally in this proceeding, comments can be filed using 
the Commission's Electronic Comment Filing System (ECFS). See 
Electronic Filing of Documents in Rulemaking Proceedings (63 FR 24121, 
May 1, 1998). Comments filed through the ECFS can be sent as an 
electronic file via the Internet to <http://www.fcc.gov/e-file/
ecfs.html>. Generally, only one copy of an electronic submission must 
be filed. If multiple docket or rulemaking numbers appear in the 
caption of this proceeding, however, commenters must transmit one 
electronic copy of the comments to each docket or rulemaking number 
referenced in the caption. In completing the transmittal screen, 
commenters should include their full name, Postal Service mailing 
address, and the applicable docket or rulemaking number. Parties may 
also submit an electronic comment by Internet e-mail. To get filing 
instructions for e-mail comments, commenters should send an e-mail to 
[email protected], and should include the following words in the body of the 
message, ``get form .'' A sample form and 
directions will be sent in reply.
    Parties may also choose to file comments by paper. To file by 
paper, parties must file an original and four copies of each filing. If 
more than one docket or rulemaking number appear in the caption of this 
proceeding, commenters must submit two additional

[[Page 54101]]

copies for each additional docket or rulemaking number. All filings 
must be sent to the Commission's Secretary, Magalie Roman Salas, Office 
of the Secretary, Federal Communications Commission, 1919 M St. N.W., 
Room 222, Washington, D.C. 20554.

Paperwork Reduction Act

    This NPRM contains a proposed information collection. The 
Commission, as part of its continuing effort to reduce paperwork 
burdens, invites the general public and the Office of Management and 
Budget (OMB) to comment on the information collections contained in 
this NPRM, as required by the Paperwork Reduction Act of 1995, Public 
Law No. 104-13. Public and agency comments are due at the same time as 
other comments on this NPRM; OMB notification of action is due December 
7, 1998. Comments should address: (a) whether the proposed collection 
of information is necessary for the proper performance of the functions 
of the Commission, including whether the information shall have 
practical utility; (b) the accuracy of the Commission's burden 
estimates; (c) ways to enhance the quality, utility, and clarity of the 
information collected; and (d) ways to minimize the burden of the 
collection of information on the respondents, including the use of 
automated collection techniques or other forms of information 
technology.
    OMB Approval Number: 3060-XXXX.
    Title: Annual Reporting Requirement for Blanket Licensing of Ka-
band Satellite Earth Stations.
    Form No.: Not applicable.
    Type of Review: New Collection for Annual Reporting.
    Respondents: Businesses or other for profit.
    Number of Respondents: 15.
    Estimated Time Per Response: 1 hour for annual reporting.
    Total Annual Burden: 15 hours.
    Estimated costs per respondent: $150.
    Needs and Uses: The annual reporting requirement is needed to 
evaluate the rollout of new satellite services. This will enable the 
Commission to determine if Ka-band spectrum is being effectively 
utilized.

Synopsis of the Notice of Proposed Rulemaking

    1. We propose to provide primary designations for: (1) terrestrial 
fixed services use in the 17.7-18.3 GHz band; (2) Geostationary Orbit 
Fixed Satellite Service (``GSO/FSS'') use in the 18.3-18.55 GHz band; 
and, (3) Non-Geostationary Orbit Fixed Satellite Service (``NGSO/FSS'') 
use in the 18.8-19.3 GHz band. We propose to retain the co-primary 
designations for: (1) terrestrial fixed service use and GSO/FSS use in 
the 18.55-18.8 GHz band; and, (2) terrestrial fixed service use and 
Mobile Satellite Service Feeder Link (``MSS/FL'') use in the 19.3-19.7 
GHz band. We request comment on this proposed band plan, as well as on 
possible modifications to the proposal that would allow continued 
sharing in additional portions of the 17.7-19.7 GHz band. We also seek 
comment on whether there is any means by which terrestrial fixed 
service and FSS could feasibly continue to share the entire band.
    2. We also propose to grandfather terrestrial fixed service 
operations that have been licensed or for which applications are 
pending, as of the release date of this NPRM, for any band that is 
proposed to be designated for fixed satellite service use on a primary 
basis. Under this proposal, new terrestrial fixed service applications 
could continue to be filed and granted after the release date, but the 
licensees would have only secondary status in those bands designated 
for fixed satellite service use on a primary basis. We also request 
comment on the need to allow relocation of existing terrestrial fixed 
service operations if satellite operators are unable to design their 
systems to avoid interference from such operations. In addition, we 
request comment on what relocation procedures should be used. As an 
exception to the preceding discussion on grandfathering, we propose to 
continue licensing low power point-to-multipoint terrestrial fixed 
systems in the 18.82-18.87 GHz and 18.16-19.21 GHz bands on a primary 
basis. Since these systems are limited to an equivalent isotropically 
radiated power of 1 watt, we do not anticipate that the operation of 
these systems will cause interference to FSS earth station operations.
    3. In addition, we propose a blanket licensing procedure that would 
allow Ka-band FSS satellite earth stations to operate under a single 
system license in bands that are designated for their primary use. 
Thus, we propose to allow blanket licensing of GSO/FSS satellite earth 
stations in the existing GSO/FSS bands, 19.7-20.2 GHz, 28.35-28.6 GHz, 
and 29.5-30 GHz and, in conjunction with our proposed band, the 18.3-
18.55 GHz band. In addition, we propose to allow blanket licensing of 
NGSO/FSS earth stations in the 18.8-19.3 GHz and 28.6-29.1 GHz bands. 
We believe that blanket licensing will provide a fast and efficient 
means for licensing the large numbers of small antenna FSS earth 
stations expected to be deployed.
    4. Finally, we propose to allocate additional spectrum for the 
Broadcast Satellite Service (``BSS'') and we propose to conform this 
allocation to the International Telecommunication Union (``ITU'') 
Region 2 BSS allocation. Specifically, we propose to allocate the 17.3-
17.8 GHz band to BSS; to allocate the 24.75-25.25 GHz band to Fixed 
Satellite Service (``FSS'') for BSS feeder link use; and to implement 
these allocations effective April 1, 2007. These proposed allocations 
will provide additional spectrum for direct-to-home video services. 
This increased amount of spectrum should allow BSS operators to offer 
an increased variety of programming and services which would enhance 
competition in the multichannel video programming market. We address 
the BSS allocation in this proceeding because part of the spectrum 
allocated (17.7-17.8 GHz) is also involved in our band redesignation 
plan.
    5. We note that United States Government systems are authorized to 
operate in the 17.8-20.2 GHz band in accordance with footnote US334 in 
the United States Table of Frequency Allocations. This NPRM concerns 
only non-Government operations; coordination between Government and 
non-Government operations will continue to remain in effect.
    6. On December 23, 1996, Lockheed Martin Corporation, AT&T Corp., 
Hughes Communications, Inc., Loral Space & Communications Ltd., and GE 
American Communications, Inc. (``Petitioners'') filed a joint Petition 
for Rulemaking proposing blanket licensing for GSO/FSS earth stations 
operating in certain portions of the Ka-band. On January 16, 1997, the 
Commission placed the petition on Public Notice and assigned it 
rulemaking number RM-9005. Teledesic Corporation, licensee of a NGSO/
FSS system in the Ka-band, filed comments supporting the petition and 
proposed that the rulemaking proceeding be expanded to include blanket 
licensing for all types of satellite earth stations in the Ka-band, 
including NGSO/FSS earth stations. On September 5, 1997, the Commission 
issued a Public Notice requesting comments on issues raised by the 
petition and to refresh the record.
    7. On June 5, 1997, DIRECTV Enterprises, Inc., (``DIRECTV'') filed 
a Petition for Rulemaking proposing to reallocate the 24.75-25.25 GHz 
band to FSS for BSS feeder link use and the 17.3-17.8 GHz band to BSS 
for its downlinks. In addition, DIRECTV requested that the Commission 
adopt a 4.5 deg. orbital spacing policy in licensing BSS space stations 
to operate in the

[[Page 54102]]

17.3-17.8 GHz and 24.75-25.25 GHz bands. On July 1, 1997, the 
Commission placed this petition on public notice and assigned it 
rulemaking number RM-9118. We address the DIRECTV petition in this 
rulemaking due to the potential impact of the proposed band plan on a 
BSS downlink allocation at 17.7-17.8 GHz.

Initial Regulatory Flexibility Analysis

    8. As required by the Regulatory Flexibility Act (RFA), the 
Commission has prepared this present Initial Regulatory Flexibility 
Analysis (IRFA) of the possible significant economic impact on small 
entities by the policies and rules proposed in this Notice of Proposed 
Rulemaking. See 5 U.S.C. Sec. 603. The RFA, see, 5 U.S.C. 601 et seq., 
has been amended by the Contract With America Advancement Act of 1996, 
Public Law No. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the 
CWAAA is the Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA). Written public comments are requested on this IRFA. Comments 
must be identified as responses to the IRFA and must be filed by the 
deadlines for comments on the Notice of Proposed Rulemaking provided. 
The Commission will send a copy of the Notice of Proposed Rulemaking, 
including this IRFA, to the Chief Counsel for Advocacy of the Small 
Business Administration. See 5 U.S.C. 603(a).

A. Need for, and Objectives of, the Proposed Rules

    9. This rulemaking proceeding is being initiated to obtain comment 
and develop a record on certain proposals in the 17.7-20.2 GHz and 
27.5-30.0 GHz frequency bands. Specifically, this Notice proposes to 
redesignate the 17.7-19.7 GHz frequency band to designate for use 
separate band segments for terrestrial fixed service and fixed 
satellite services and establish service rules for ``blanket 
licensing'' of the satellite services in the 17.7-20.2 GHz and 27.5-
30.0 GHz bands. We are also seeking comments on proposals for sharing 
of the 17.7-19.7 GHz frequency band. The Commission seeks to develop a 
blanket license procedure for the implementation of Ka-band satellite 
systems. In addition, this rulemaking proceeding is being initiated to 
obtain comment and develop a record on the proposed Allocation of 
additional spectrum in the 17.3-17.8 GHz and 24.75-25.25 GHz band to 
accommodate BSS operations.

B. Legal Basis

    10. The proposed action is authorized under Sections 1, 4(i), 4(j), 
301, and 303 of the Communications Act of 1934, as amended, 47 U.S.C. 
151, 154(i), 154(j), 301, and 303.

C. Description and Estimate of the Number of Small Entities To Which 
the Proposed Rules May Apply

    11. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. 5 U.S.C. 603(b)(3). The RFA 
generally defines the term ``small entity'' as having the same meaning 
as the terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' 5 U.S.C 601(6). In addition, the term 
``small business'' has the same meaning as the term ``small business 
concern'' under the Small Business Act. 5 U.S.C. 601(3) (incorporating 
by reference the definition of ``small business concern'' in 15 U.S.C. 
632). Pursuant to the RFA, the statutory definition of a small business 
applies ``unless an agency, after consultation with the Office of 
Advocacy of the Small Business Administration and after opportunity for 
public comment, establishes one or more definitions of such term which 
are appropriate to the activities of the agency and publishes such 
definition(s) in the Federal Register.'' 5 U.S.C. 601(3). 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). Small Business Act, 15 U.S.C. 632 (1996). A small organization 
is generally ``any not-for-profit enterprise which is independently 
owned and operated and is not dominant in its field.'' 5 U.S.C. 601(4). 
``Small governmental jurisdiction'' generally means ``governments of 
cities, counties, towns, townships, villages, school districts, or 
special districts, with a population of less than 50,000.'' 5 U.S.C. 
601(5). Below, we further describe and estimate the number of small 
entity licensees that may be affected by the proposed rules, if 
adopted.
    12. The SBA has developed a definition of small entities for cable 
and other pay television services, which includes all such companies 
generating $11 million or less in revenue annually. This definition 
includes cable systems operators, closed circuit television services, 
direct broadcast satellite services, multipoint distribution systems, 
satellite master antenna systems and subscription television services. 
The Commission has developed its own definition of a small cable system 
operator for the purposes of rate regulation. Under the Commission's 
Rules, a ``small cable company,'' is one serving fewer than 400,000 
subscribers nationwide. The Communications Act also contains a 
definition of a small cable system operator, which is ``a cable 
operator that, directly or through an affiliate, serves in the 
aggregate fewer than 1 percent of all subscribers in the United States 
and is not affiliated with any entity or entities whose gross annual 
revenues in the aggregate exceed $250,000,000.''
International Services
    13. The Commission has not developed a definition of small entities 
applicable to licensees in the international services. Therefore, the 
applicable definition of small entity is generally the definition under 
the SBA rules applicable to Communications Services, Not Elsewhere 
Classified (NEC). An exception is the Direct Broadcast Satellite (DBS) 
Service. This definition provides that a small entity is expressed as 
one with $11.0 million or less in annual receipts. 13 CFR 120.121, SIC 
code 4899.
    14. Currently there are no authorized fixed satellite transmit/
receive earth stations authorized for use in the 17.7-20.2 GHz band. 
However, with 13 GSO/FSS licensees and 1 NGSO/FSS licensee we expect 
FSS earth stations to appear in the near future. There are two Mobile 
Satellite Earth Station Feeder Link licensees. Commission records 
reveal that there are 13 space station licensees in the Ka-band. There 
are three Non-Geostationary Space Station licensees, of which only one 
system is operational. Direct Broadcast Satellites, because DBS 
provides subscription services, DBS falls within the SBA definition of 
Cable and Other Pay Television Services (SIC 4841). This definition 
provides that a small entity is expressed as one with $11.0 million or 
less in annual receipts. As of December 1996, there were eight DBS 
licensees. Auxiliary, Special Broadcast and other program distribution 
services. This service involves a variety of transmitters, generally 
used to relay broadcast programming to the public (through translator 
and booster stations) or within the program distribution chain (from a 
remote news gathering unit back to the station). The Commission has not 
developed a definition of small entities applicable to broadcast 
auxiliary licensees. Therefore, the applicable definition of small 
entity is the

[[Page 54103]]

definition under the Small Business Administration (SBA) rules 
applicable to radio broadcasting stations (SIC 4832) and television 
broadcasting stations (SIC 4833). These definitions provide, 
respectively, that a small entity is one with either $5.0 million or 
less in annual receipts or $10.5 million in annual receipts. 13 CFR 
121.201, SIC CODES 4832 and 4833. Microwave services includes common 
carrier, private operational fixed, and broadcast auxiliary radio 
services. Inasmuch as the Commission has not yet defined a small 
business with respect to microwave services, we will utilize the SBA's 
definition applicable to radiotelephone companies--i.e., an entity with 
no more than 1,500 persons. 13 CFR 121.201, SIC CODE 4812. We estimate, 
for this purpose, that all of the Fixed Microwave licensees (excluding 
broadcast auxiliary licensees) would qualify as small entities under 
the SBA definition for radiotelephone companies.

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

    15. The Commission's existing rules in Part 25 on FSS operations 
contain reporting requirements for FSS systems, and we propose to 
modify these reporting requirements to eliminate duplicative costs of 
filing multiple applications. In addition, we propose to add an annual 
reporting requirement to indicate the number of satellite earth 
stations actually brought into service. The proposed blanket licensing 
procedures do not affect small entities disproportionately and it is 
likely no additional outside professional skills are required to 
complete the annual report indicating the number small antenna earth 
stations actually brought into service. We seek comment on these 
proposed changes.

E. Steps Taken to Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    16. This Notice solicits comment on several alternatives for 
spectrum sharing, blanket licensing, and band segmentation. This item 
should positively impact both large and small businesses by providing a 
faster, more efficient, and less economically burdensome coordination 
and licensing procedure. The proposed blanket licensing service rules 
provide for consolidation of licensing for small antenna earth 
stations, a simplification of compliance procedures, and one new minor 
annual reporting requirement which indicates the number of satellite 
earth stations brought into service in the last year.

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

    17. None.

Ordering Clauses

    18. Accordingly, it is ordered that pursuant to the authority 
contained in Sections 1, 4(i), 4(j), 301, 303, and 403 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 
301, 303 and 403, a Notice of Proposed Rulemaking, as described in the 
complete text of FCC 98-235, is adopted.
    19. It is further ordered that the Petition filed by Lockheed 
Martin Corporation, et al., is granted to the extent indicated in the 
complete text of the NPRM and otherwise denied.
    20. It is further ordered that the Petition filed by DIRECTV 
Enterprises, Inc. is granted to the extent indicated in the complete 
text of the NPRM and otherwise denied.
    21. It is further ordered that the Commission's Office of Public 
Affairs, Reference Operations Division, shall send a copy of this 
Notice of Proposed Rulemaking, including the Initial Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.

List of Subjects in 47 CFR Part 25

    Reporting and recordkeeping requirements, Satellites.

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

Rule Changes

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

PART 25--SATELLITE COMMUNICATIONS

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

    Authority: 47 U.S.C. 701-744. Interprets or applies sec. 303, 47 
U.S.C. 303. 47 U.S.C. sections 154, 301, 302, 303, 307, 309 and 332, 
unless otherwise noted.

    2. Section 25.115 is amended by adding a new paragraph (e) to read 
as follows:


Sec. 25.115  Application for earth station authorizations.

* * * * *
    (e) Geostationary fixed-satellite service earth stations operating 
in the 18.3-18.55 GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, and 29.5-30 GHz 
bands need not be individually licensed. Applications to license small 
antennas may be filed on FCC Form 312, Main Form and Schedule B, and 
specifying the number of units to be covered by the blanket license. 
Each application for a blanket license under this section shall conform 
to the requirements specified in Sec. 25.138.
    3. A new Sec. 25.138 is added to read as follows:


Sec. 25.138  Licensing provisions for geostationary fixed-satellite 
service earth stations operating in the 18.3-18.55 GHz, 19.7-20.2 GHz, 
28.35-28.6 GHz, and 29.5-30.0 GHz bands.

    (a) All applications for geostationary fixed-satellite service 
earth station licenses operating in the 18.3-18.55 GHz, 19.7-20.2 GHz, 
28.35-28.6 GHz and 29.5-30 GHz bands will be routinely processed 
provided the following criteria are met:
    (1) Emissions from associated geostationary space stations shall 
operate with a maximum downlink power flux density at the Earth's 
surface as specified in Sec. 25.208.
    (2) In the plane of the geostationary satellite orbit as it appears 
at the particular earth station location, the uplink EIRP density of 
any earth station antenna operating in the 28.35-28.6 GHz or 29.5-30 
GHz band under clear sky conditions shall lie below the envelope 
defined below:

35--25 log10() dBW/MHz  1 deg.  
  7 deg.
13.9 dBW/MHz 7 deg.  <   9.2 deg.
38--25 log10() dBW/MHz  9.2 deg. <  
 48 deg.
-4 dBW/MHz  48 deg. <   180 deg.

where  is the angle, in degrees, from the axis of the main 
lobe. For the purposes of this section, the peak EIRP density of an 
individual sidelobe may not exceed the envelope defined above for 
 between 1 deg. and 7 deg.. for  greater than 
7 deg., the envelope may be exceeded by no more than 10% of the side 
lobes, provided that no individual sidelobe exceeds the EIRP density 
envelope given above by more that 3 dB.
    (3) In all other directions, or in the plane of the horizon 
including any out-of-plane potential terrestrial interference paths:
    (i) Outside the main beam, the uplink EIRP density under clear sky 
conditions shall lie below the envelope defined by:

38--25 log10() dBW/MHz  1 deg.  
  48 deg.
-4 dBW/MHz  48 deg. <   180 deg.

    (ii) For the purposes of this section, the envelope may be exceeded 
by no more than 10% of the sidelobes provided no individual sidelobe 
exceeds the EIRP density envelope by more than 6 dB. The region of the 
main

[[Page 54104]]

reflector spillover energy is to be interpreted as a single lobe and 
shall not exceed the envelope by more than 6 dB.
    (b) Applicants for earth station licenses in the fixed-satellite 
service, proposing to operate with maximum downlink PFD values or 
maximum uplink EIRP densities in excess of the threshold values defined 
by paragraph (a) of this section, shall bear the burden of coordinating 
with any applicants or licensees whose satellite or proposed compliant 
earth station, as defined by paragraph (a) of this section, is 
potentially or actually adversely affected by the operation of the non-
compliant licensee. Applicants shall provide proof by affidavit that 
all potentially affected parties acknowledge and do not object to the 
use of the applicant's higher power density.
    (c) Applicants for earth station licensing authorization shall 
submit a technical description of how they will comply with the 
requirement for uplink automatic power control or other methods of fade 
compensation, as specified in Sec. 25.204(f).
    (d) Licensees shall notify the Commission in writing on a yearly 
basis, specifying the number of earth stations actually brought into 
service.
    4. Section 25.208 is amended by revising paragraph (c) introductory 
text and by adding a new paragraph (d) to read as follows:


Sec. 25.208  [Amended]

* * * * *
    (c) In the 17.70-18.30 GHz, 18.55-19.70 GHz, 22.55-23.00 GHz, 
23.00-23.55 GHz, and 24.45-24.75 GHz frequency bands, the power flux 
density at the Earth's surface produced by emissions from a space 
station for all conditions and for all methods of modulation shall not 
exceed the following values:
* * * * *
    (d) In the 18.30-18.55 GHz and 19.7-20.2 GHz frequency bands, the 
power flux density at the Earth's surface produced by emissions from a 
space station for all conditions and for all methods of modulation 
shall not exceed -120 dBW/m2/MHz averaged over any 
contiguous 40 MHz band segment, and -118 dB (W/m2) in any 1 
MHz band, for all angles of arrival.

[FR Doc. 98-26994 Filed 10-7-98; 8:45 am]
BILLING CODE 6712-01-P