[Federal Register Volume 64, Number 66 (Wednesday, April 7, 1999)]
[Proposed Rules]
[Pages 16880-16882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8510]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 99-81; RM-9328; FCC 99-50]


The Establishment of Policies and Service Rules for the Mobile 
Satellite Service in the 2 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Federal Communications Commission (FCC) proposes to amend 
the regulations covering the 1.6/2.4 GHz Mobile Satellite Service (MSS) 
to incorporate the rules for the 2 GHz MSS in a Notice of proposed 
rulemaking (Notice). The Notice also seeks comment on non-service link 
issues, service rules, and frequency coordination. The actions are 
necessary to establish service rules for the 2 GHz MSS and to obtain 
public comment on policies for the 2 GHz MSS. The effect of amending 
the existing 1.6/2.4 GHz MSS rules to incorporate the 2 GHz MSS is to 
simplify and harmonize the rules for these types of satellite services 
in the Commission's rules.

DATES: Submit comments on or before June 24, 1999 and submit reply 
comments on or before July 26, 1999.

ADDRESSES: Office of the Secretary, Federal Communications Commission, 
445 Twelfth Street, S.W., Washington, D.C. 20554. Comments may be filed 
using the Commission's Electronic Comment Filing System (ECFS) or by 
filing paper copies. 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.

FOR FURTHER INFORMATION CONTACT: Technical Information: Alex Roytblat, 
202-418-7501; Legal Information: Chris Murphy, 202-418-2373 or Howard 
Griboff, 202-418-0657.

SUPPLEMENTARY INFORMATION:
    1. The Commission is authorized to conduct this rulemaking pursuant 
to its statutory authority contained in the Communications Act of 1934, 
as amended. 47 U.S.C. 154(i), 303(v). The Notice proposes to grant in 
part the Petition for Expedited Rulemaking (RM-9328) filed by ICO 
Services Limited, which requests that the Commission establish service 
rules for the 2 GHz mobile satellite service by amending the existing 
Big LEO mobile satellite service rules rather than by developing an 
entirely new set of rules. The Notice also proposes not to adopt 
financial qualification entry criteria because all of the proposed 
systems can be accommodated in the available spectrum. The Notice 
proposes four main spectrum assignment options. The first is a 
``flexible band arrangement'' that would grant each system 2.5 MHz in 
uplink and downlink spectrum, group systems in segments based on the 
particular technology used, and provide expansion spectrum between the 
assigned segments for additional system requirements. The second 
proposes a ``negotiated entry'' approach that would license all the 
applicants across the entire band and leave it to them to coordinate 
their operations with the Commission being available to resolve 
disputes. The third and fourth options, respectively, are a 
``traditional band arrangement'' in which the spectrum would be divided 
equally among the applicants, and a proposal to auction licenses in the 
event that none of the preceding three options is viable. The Notice 
also asks commenters to propose different spectrum assignment 
alternatives or whether there are other viable approaches or 
combinations to sharing this spectrum.
    2. The Notice reviews each proposed service rule and seeks comment 
on specific proposals for applying the rules to the 2 GHz MSS. For 
instance, the Notice seeks comment on the appropriate license term for 
2 GHz MSS systems and whether they should be required to build their 
systems with public safety capabilities such as

[[Page 16881]]

position determination and automatic number identification. The Notice 
also requests commenters to address the need for service to rural and 
unserved areas, including Indian reservations, in their comments, and 
the role that these new systems can play in meeting this need. 
Specifically, the Notice asks commenters to address whether one 
criterion for resolution of expansion band coordination disputes should 
be whether a licensee is providing service to unserved areas, or 
whether licensees should be granted extensions of system implementation 
milestones if they will provide service to unserved communities.
    3. In addition, the Notice seeks comment whether and how orbital 
debris mitigation practices should be applied to 2 GHz mobile satellite 
systems. The Notice also seeks comment on out-of-band emission 
requirements and incorporating the Global Mobile Personal 
Communications Service and handset roaming authorization procedures 
addressed in a rulemaking recently adopted by the Commission (IB Docket 
No. 99-67, FCC 99-37 (released March 5, 1999). Moreover, the Notice 
acknowledges relocation issues associated with the authorization of the 
2 GHz MSS and offers commenters an opportunity to address any in-band 
sharing issues, particularly as they may affect the Commission's choice 
of assignment methods in this proceeding. Finally, the Notice seeks 
input on international coordination of the U.S. 2 GHz MSS band 
arrangement. In this regard, the Notice seeks input on ways the U.S. 
band arrangement could achieve compatibility with the existing European 
2 GHz MSS band arrangement.

Initial Regulatory Flexibility Analysis

    Pursuant to the Regulatory Flexibility Act of 1990, 5 U.S.C. 601-
612, (RFA) as amended by the Contract with America Advancement Act of 
1996, Public Law No. 104-121, 110 Stat. 847, the Commission's Initial 
Regulatory Flexibility Analysis with respect to this Notice of Proposed 
Rulemaking is as follows:
    Reason for and Objectives of the Proposed Rule: This Notice of 
Proposed Rulemaking (Notice) seeks comment on various proposals for 
creating a spectrum assignment approach that would accommodate all 
proposed 2 GHz MSS systems and provide service to consumers as quickly 
as possible. This Notice also seeks comment on proposals for service 
rules to apply to 2 GHz MSS systems. These actions are necessary for 
the Commission to evaluate these proposals and seek comment from the 
public on any other alternatives. The objective of this proceeding is 
to assign the 2 GHz MSS spectrum in an efficient manner and create 
rules to ensure systems implement their proposals in a manner that 
serves the public interest. We believe that adoption of the proposed 
rules will reduce regulatory burdens and, with minimal disruption to 
existing permittees and licensees, result in the continued development 
of 2 GHz MSS and other satellite services to the public.
    Legal Basis: This Notice is adopted pursuant to Sections 1, 4(i), 
303(r), 303(v), 307, 309(a), 309(j), 310, 319(d), 321(b), 332, 359 of 
the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 
303(r), 303(v), 307, 309(a), 309(j), 310, 319(d), 321(b), 332, 359 and 
5 U.S.C. 553 of the Administrative Procedures Act.
    Description and Estimate of Small Entities Subject to the Rules: 
The Commission has not developed a definition of small entities 
applicable to geostationary or non-geostationary orbit fixed-satellite 
or mobile satellite service operators. Therefore, the applicable 
definition of small entity is the definition under the Small Business 
Administration (SBA) rules applicable to Communications Services, Not 
Elsewhere Classified. This definition provides that a small entity is 
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 which could 
potentially fall into the 2 GHz MSS category. Of those, approximately 
775 reported annual receipts of $11 million or less and qualify as 
small entities. The rules proposed in this Notice apply only to 
entities providing 2 GHz mobile satellite service. Small businesses may 
not have the financial ability to become 2 GHz MSS system operators 
because of the high implementation costs associated with satellite 
systems and services. At least one of the 2 GHz MSS applicants may be 
considered a small business at this time. We expect, however, that by 
the time of implementation it will no longer be considered a small 
business due to the capital requirements for launching and operating 
its proposed system. Since there is limited spectrum and orbital 
resources available for assignment, we estimate that no more than 9 
entities will be approved by the Commission as operators providing 
these services. Therefore, because of the high implementation costs and 
the limited spectrum resources, we do not believe that small entities 
will be impacted by this rulemaking to a great extent.
    Reporting, Recordkeeping, and Other Compliance Requirements: The 
proposed action in this Notice would affect those entities applying for 
2 GHz MSS space station and earth station authorizations and those 
applying to participate in assignment of 2 GHz MSS spectrum. In the 
case where there is not any mutual exclusivity, applicants will be 
required to follow the streamlined application procedures of part 25 
for space and earth station licenses by submitting the information 
required by Form 312, where applicable. In the case where there is 
mutual exclusivity between applicants for authorizations and spectrum 
reservations in the case of letter of intent filers, the competitive 
bidding rules of part 1 will be used to determine the licensee and/or 
spectrum designee. If auctions are required, applicants and letter of 
intent filers will have to comply with the requirement to file a short-
form (FCC Form 175). Completion of short-form FCC Form 175 to 
participate in an auction is not estimated to be a significant economic 
burden for these entities. The action proposed will also affect auction 
winners in that it will require them to submit a long Form 312 
application for authorization. Submission of Form 312 will be required 
by all 2 GHz MSS applicants and letter of intent filers whether 
selected through the competitive bidding process or not.
    Federal Rules that Overlap, Duplicate or Conflict with These 
Proposed Requirements: None. One of the main objectives of the Notice 
is to eliminate any existing overlap or duplication of rules between 
the 2 GHz MSS and other satellite services.
    Steps Taken to Minimize Significant Economic Impact on Small 
Entities and Significant Alternatives Considered: In developing the 
proposals contained in this Notice, we have attempted to minimize the 
burdens on all entities in order to allow maximum participation in the 
2 GHz MSS market while achieving our other objectives. We seek comment 
on the impact of our proposals on small entities and on any possible 
alternatives that could minimize the impact of our rules on small 
entities. In particular, we seek comment on alternatives to the 
reporting, recordkeeping, and other compliance requirements discussed 
above. Written comments are requested on this Initial Regulatory 
Flexibility Analysis. These comments must be filed in accordance with 
the same filing deadlines set for comments on the other issues in this 
Notice of Proposed Rulemaking, but they must have a separate and 
distinct heading designating them as responses to the Regulatory 
Flexibility Analysis.

[[Page 16882]]

The Public Affairs, Reference Operations Division, shall send a copy of 
this Notice to the Chief Counsel for Advocacy of the Small Business 
Administration in accordance with Section 603(a) of the Regulatory 
Flexibility Act.
    Comments are solicited: Written comments are requested on this 
Initial Regulatory Flexibility Analysis. These comments must be filed 
in accordance with the same filing deadlines set for comments on the 
other issues in this Notice of Proposed Rulemaking, but they must have 
a separate and distinct heading designating them as responses to the 
Regulatory Flexibility Analysis.

List of Subjects in 47 CFR Part 25

    Satellites.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 99-8510 Filed 4-6-99; 8:45 am]
BILLING CODE 6712-01-P