[Federal Register Volume 65, Number 29 (Friday, February 11, 2000)]
[Proposed Rules]
[Pages 6950-6952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3332]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[DA 00-222; Docket No. 99-81; RM-9328]


Authorization of 2 GHz Mobile Satellite Service Systems

AGENCY: Federal Communications Commission.

ACTION: Proposed Rules: Supplemental Comments.

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SUMMARY: By this Public Notice, the Chief of the Federal Communications 
Commission's International Bureau seeks supplemental comment on 
authorizing 2 GHz Mobile Satellite Service (MSS) systems using a 
processing alternative that combines elements of the traditional band 
arrangement with the negotiated entry approach. This alternative is 
intended to provide incentives for MSS operators to expedite 
implementation of their

[[Page 6951]]

systems, while maximizing their flexibility during the incumbent 
relocation process.

DATES: Supplemental Comments on or before February 17, 2000.

ADDRESSES: Send Supplemental Comments to the Commission's Secretary, 
Magalie Roman Salas, Office of the Secretary, Federal Communications 
Commission, 445 12th Street, SW, TW-A325, Washington, DC 20554. See 
Supplementary Information for information about electronic filing.

FOR FURTHER INFORMATION CONTACT: Chris Murphy, Satellite Policy Branch, 
(202) 418-2373, or Howard Griboff, Satellite Policy Branch, at (202) 
418-0657.

SUPPLEMENTARY INFORMATION: In the 2 GHz MSS Notice, the Commission 
sought comment on four spectrum assignment methodologies that could 
accommodate all nine Mobile Satellite Service (MSS) systems proposed in 
the 1990-2025/2165-2200 MHz frequency bands (2 GHz MSS).\1\ The first 
is a ``flexible band arrangement,'' in which the Commission would grant 
each proposed 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.\2\ In the second option, called the ``negotiated 
entry'' approach, the Commission would license all proposed systems 
across the entire band and allow the operators themselves to coordinate 
their operations, with the Commission being available to resolve 
disputes.\3\ In the third proposal, the ``traditional band 
arrangement,'' the Commission would divide the spectrum equally and 
assign or designate the spectrum blocks to the proposed systems using 
system design as a function of spectrum allocation (i.e., a CDMA-NGSO 
block, a TDMA-GSO block, etc.).\4\ The fourth option proposed to 
auction licenses in the event that none of the preceding three options 
is viable.\5\ The Commission also reserved the option of adopting a 
hybrid solution arising from the options described.\6\
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    \1\ The Establishment of Policies and Service Rules for the 
Mobile Satellite System in the 2 GHz Band, IB Docket No. 99-81, 
Notice of Proposed Rulemaking, 14 FCC Rcd 4843, 4857-64 paras. 26-48 
(1999); 64 FR 16880 (April 7, 1999) (2 GHz MSS Notice).
    \2\ Id. at 4858-61 paras. 31-39.
    \3\ Id. at 4861-62 paras. 40-43.
    \4\ Id. at 4863 paras. 44-45.
    \5\ Id. at 4863-64 paras. 46-48.
    \6\ Id. at 4858 paras. 30.
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    The Commission received significant comment on the four proposed 
methodologies. By this Public Notice, the International Bureau seeks to 
augment the record on certain issues not directly addressed by 
commenters. Specifically, we seek additional comment on a hybrid 
processing alternative, combining elements of the traditional band 
arrangement with the negotiated entry approach. This new alternative is 
intended to provide incentives for MSS operators to expedite 
implementation of their systems, while maximizing their flexibility 
during the incumbent relocation process.\7\
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    \7\ See id. at 4892 paras. 112-113 (seeking comment on how 
incumbent relocation may affect the ultimate choice of 2 GHz MSS 
spectrum assignment methods).
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    In this alternative methodology, the Commission would subdivide the 
2 GHz MSS uplink and downlink bands into distinct segments of equal 
bandwidth, with each segment representing an operator's ``home'' 
spectrum assignment in the band. Rather than assigning each segment 
according to system design, as proposed in the traditional band 
arrangement, each operator would be permitted to select from the then-
available spectrum segments by submitting a request for its desired 
assignment once the first satellite in its system reaches its intended 
orbit. This mechanism is designed to provide market-based incentives 
for MSS operators to implement service quickly, since early entry may 
determine whether a system can choose its preferred ``home'' segment.
    In addition to authorizing each system to a ``home'' spectrum 
segment, the Commission would authorize each satellite operator to 
provide service anywhere in the 2 GHz MSS spectrum, subject to inter-
system coordination. In this regard, this part of the proposal is 
similar to the negotiated entry approach proposed in the 2 GHz MSS 
Notice. The primary differences, however, are that under the new 
approach, operators would be permitted to use spectrum outside their 
``home'' assignment only on a secondary basis with respect to other MSS 
operators, and an operator's total spectrum use would be limited to the 
same amount of spectrum that is authorized in the ``home'' segment. In 
the event that a later entrant selects spectrum for its ``home'' 
assignment that is being used by an earlier entrant, the earlier 
entrant would be required to move to other available spectrum or return 
to its ``home'' spectrum assignment. This part of the proposal is 
designed to allow systems to begin providing service in any available 
frequencies of the 2 GHz MSS band during the incumbent relocation 
process, and facilitate inter-system coordination in the band when 
later systems implement.
    We seek comment on these modifications to the traditional band 
arrangement and negotiated entry approach, and on implementing this 
hybrid spectrum assignment methodology. We also seek comment on whether 
these modifications would serve the public interest by providing 
additional incentives for MSS operators to expedite implementation of 
their systems.

Procedural Matters

    Pursuant to Secs. 1.415 and 1.419 of the Commission's rules, 47 CFR 
1.415, 1.419, interested parties may file Supplemental Comments limited 
to the issues addressed in this Public Notice no later than February 
17, 2000. In view of the pendency of this proceeding, we expect to 
adhere to the schedule set forth in this Public Notice and do not 
contemplate granting extensions of time. Supplemental Comments should 
reference IB Docket No. 99-81 and should include the DA number shown on 
this Public Notice. Supplemental Comments may be filed using the 
Commission's Electronic Comment Filing System (ECFS).\8\ Supplemental 
Comments filed through the ECFS can be sent as an electronic file via 
Internet to http://www.fcc.gov/e-file/ecfs.html. In completing the 
transmittal screen, parties responding should include their full name, 
mailing address, and the applicable docket number, IB Docket No. 99-81.
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    \8\ See Electronic Filing of Documents in Rulemaking Proceeding, 
63 FR 24121 (May 1, 1998).
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    In the 2 GHz MSS Notice, the Commission presented an Initial 
Regulatory Flexibility Analysis,\9\ as required by the Regulatory 
Flexibility Act (RFA).\10\ If commenters believe that the proposals 
discussed in this Public Notice require additional RFA analysis, they 
should include a discussion of these issues in their Supplemental 
Comments.
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    \9\ 2 GHz MSS Notice, 14 FCC Rcd at 4895-97, Section V.B.
    \10\ See 5 U.S.C. 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).
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    For ex parte purposes, this proceeding continues to be a ``permit-
but-disclose'' proceeding, in accordance with Sec. 1.1200(a) of the 
Commission's rules, and is subject to the requirements set forth in 
Sec. 1.1206(b) of the Commission's rules.

[[Page 6952]]

    For further information, please contact: Chris Murphy, Satellite 
Policy Branch, (202) 418-2373, or Howard Griboff, Satellite Policy 
Branch, at (202) 418-0657.

List of Subjects in 47 CFR Part 25

    Satellites.

Federal Communications Commission.
Anna M. Gomez,
Deputy Chief, International Bureau.
[FR Doc. 00-3332 Filed 2-10-00; 8:45 am]
BILLING CODE 6712-01-P