[Federal Register Volume 67, Number 69 (Wednesday, April 10, 2002)]
[Rules and Regulations]
[Pages 17288-17300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8345]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 25 and 87

[ET Docket No. 98-142; FCC 02-23]


Mobile-Satellite Service above 1 GHz

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document makes new spectrum available on a co-primary 
basis to the fixed-satellite service (``FSS''). These FSS allocations 
will provide necessary feeder link spectrum for a number of commercial 
Non-Geostationary Satellite Orbit Mobile-Satellite Service (``NGSO 
MSS'') systems. Specifically, we allocate the bands 5091-5250 MHz and 
15.43-15.63 GHz for Earth-to-space transmissions (``uplinks'') and the 
band 6700-7025 MHz for space-to-Earth transmissions (``downlinks''). In 
addition, we grandfather two satellite systems and their associated 
earth stations at three sites in the downlink band 7025-7075 MHz. In 
accordance with international regulations, the use of these FSS 
allocations is limited to feeder links that will be used in conjunction 
with the service links of NGSO MSS systems. These actions are intended 
to facilitate the introduction of innovative global radiocommunication 
services, consistent with international allocations for these frequency 
bands, and will provide incumbent operations with adequate protection 
from harmful interference.

DATES: Effective May 10, 2002.

FOR FURTHER INFORMATION CONTACT: Tom Mooring, Office of Engineering and 
Technology, (202) 418-2450, TTY (202) 418-2989, email: 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, ET Docket No. 98-142; FCC 02-23, adopted January 28, 2002, 
and released February 7, 2002. The full text of this document is 
available on the Commission's internet site at www.fcc.gov. It is also 
available for inspection and copying during regular business hours in 
the FCC Reference Center (Room CY-A257), 445 Twelfth Street, SW, 
Washington, DC 20554. The complete text of this document may be 
purchased from the Commission's duplication contractor Qualex 
International, (202) 863-2893 voice, (202) 863-2898 Fax, 
[email protected] email, Portals II, 445 12th St., SW, Room CY-B402, 
Washington, DC 20554.

Summary of Report and Order

    1. We are allocating 325 megahertz of spectrum on a co-primary 
basis for NGSO MSS feeder downlinks, with an additional 50 megahertz 
limited to two grandfathered satellite systems and their associated 
earth stations at three sites. The grandfathered sites are listed in 
footnote NG173. In addition, we are allocating 359 megahertz of 
spectrum on a co-primary basis for NGSO MSS feeder uplinks. A portion 
of this primary uplink allocation (59 megahertz) is temporary in 
nature. The need for this amount of feeder link spectrum is based on 
the amount of NGSO MSS service link spectrum that is available, the 
frequency reuse of the service link spectrum, the need for NGSO MSS 
feeder link earth stations (``gateways'') to service multiple 
satellites, and the need to coordinate with incumbent terrestrial 
operations. These allocations will be used exclusively by commercial 
NGSO MSS systems for the connection between their satellites and 
gateways. We have previously allocated spectrum for 2 GHz MSS and Big 
LEO service links. (Big LEO service links are at 1610-1626.5 MHz and 
2483.5-2500 MHz and 2 GHz MSS service links are at 1990-2025 MHz and 
2165-2200 MHz.) The adoption of these FSS allocations will allow us to 
remove conditions placed on Big LEO and 2 GHz MSS licensees' feeder 
links, which we have previously licensed by waiver.
    2. The band 5000-5250 MHz is currently allocated to the 
aeronautical radionavigation service (``ARNS'') and to several 
aeronautical support services on a primary basis. ARNS is a 
radionavigation service intended for the safe operation of aircraft. 
The microwave landing system (``MLS''), an

[[Page 17289]]

ARNS system, is an all-weather precision approach and landing system 
that currently operates in the band 5030-5091 MHz. Prior to this 
action, MLS requirements had unencumbered use of the band 5000-5250 MHz 
over any other use, including other ARNS systems and other primary 
services.
    3. To provide spectrum for NGSO MSS feeder uplinks, we are removing 
MLS's right of precedence over all other uses in the band 5150-5250 
MHz, but are maintaining that right in the band 5000-5150 MHz. 
Consistent with international allocations, no new NGSO MSS feeder link 
assignments will be made in the band 5091-5150 MHz after January 1, 
2008; and two years later, FSS use of this band becomes secondary to 
ARNS. In addition, MLS requirements that can not be met in the band 
5000-5091 MHz take precedence over all other uses of the band 5091-5150 
MHz. These requirements are codified at 47 CFR 2.106, footnote S5.444A, 
and are being adopted domestically in this Order. Together, these 
actions will accommodate first generation NGSO MSS feeder link 
requirements, while providing existing MLS stations, which operate in 
the band 5030-5091 MHz, and gateways, which will operate in the band 
5091-5250 MHz, with non-overlapping spectrum. We are also removing 
unused and unneeded aeronautical support allocations. Specifically, we 
are removing the aeronautical mobile-satellite (R) service 
(``AMS(R)S'') from the bands 5150-5250 MHz and 15.4-15.7 GHz, the 
inter-satellite service (``ISS'') from the bands 5000-5250 MHz and 
15.4-15.7 GHz, and the FSS to the extent that it is limited to 
aeronautical support functions from the bands 5000-5250 MHz and 15.4-
15.7 GHz.
    4. Incumbent terrestrial users of the band 6700-7075 MHz raise 
several concerns with regard to sharing this band with NGSO MSS feeder 
downlinks. To resolve these concerns, we adopt the proposed power flux-
density (``pfd'') limits and establish coordination procedures in the 
band 6700-6875 MHz using existing parts 25 and 101 rules. The pfd 
limits have been added to Sec. 25.208. If an NGSO MSS satellite 
transmitting in the band 6700-6875 MHz causes harmful interference to 
previously licensed co-frequency Public Safety facilities, then that 
satellite licensee is obligated to remedy the interference complaint. 
This requirement has been added as Sec. 25.147.
    5. We will address coordination requirements in the band 6875-7025 
MHz in a future proceeding, but as an interim measure specify that 
coordination in this band will be on an individual basis using existing 
parts 25 and 101 rules. The focus of that proceeding will be the issue 
of ``growth zones,'' the protection of incumbent mobile operations in 
their normal operating area; and the protection of receive earth 
stations from later-licensed mobile stations. In addition, we observe 
that terrestrial fixed users' concerns about effective and equitable 
use of spectrum in bands shared by the FSS and the fixed service are 
being considering in IB Docket No. 00-203.
    6. In order to permit (mobile) television pickup (``TVPU'') 
stations to continue to operate freely on two channels in essentially 
all of the country (in addition to two other channels, which will not 
share spectrum with gateways), we are limiting the use of the band 
7025-7075 MHz to three gateways, two of which are operational and the 
other of which is undergoing testing. In addition, we recommend that, 
in the band 6875-7125 MHz, airborne TVPU stations use the channels 
7075-7100 MHz and 7100-7125 MHz wherever possible. We find that these 
actions balance competing demands for spectrum and will mitigate 
interference between satellite and terrestrial services.
    7. We explicitly require that applications for commercial earth 
stations in the bands 5091-5250 MHz and 15.43-15.63 GHz be coordinated 
with Federal agencies. In order to better protect MLS operations in the 
band 5000-5091 MHz, we recommend that non-Government tracking and 
telecommand operations be conducted in the band 5150-5250 MHz. These 
requirements are in footnotes US344 and US359 and in Secs. 25.202 and 
87.173. The following table summarizes the existing domestic 
allocations versus the allocations we are adopting in this Order.

                                        Existing vs. Adopted Allocations
                    [All services are allocated on a primary basis, unless otherwise stated]
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                                                                                             Summary of major
                 Band                    Existing allocations     Adopted allocations            changes
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    359  Megahertz Allocated for Commercial NGSO MSS Feeder Uplinks, 300 of which is permanent (Prior to this
 action, Federal & non-Federal Gov't allocations were identical in the hands of 5000-5250 MHz and 15.4-15.7 GHz)
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5000-5091 MHz........................  ARNS (MLS takes          ARNS (MLS takes          Additional 59 megahertz
                                        precedence over other    precedence over other    for commercial NGSO
                                        uses; MLS currently      uses).                   MSS feeder uplinks on
                                        operated in the sub-    AMS(R)S................   a temporary, primary
                                        band 5030-5091 MHz).                              basis.
5091-5150 MHz........................  AMS(R)S................  non-Federal Gov't FSS    Maintains MLS's right
                                                                 (limited to NGSO MSS     of precedence in the
                                                                 feeder uplinks).         band 5000-5150 MHz.
                                       FSS & ISS (limited to    ARNS (MLS takes          Reduction for 150
                                        aeronautical support).   precedence over other    megahertz for FSS &
                                                                 uses).                   ISS used for
                                                                                          aeronautical support.
                                       .......................  AMS(R)S................  .......................
5150-5250 MHz........................  ARNS (MLS takes          non-Federal Gov't FSS    Additional 100
                                        precedence over other    (limited to NGSO MSS     megahertz for
                                        uses).                   feeder uplinks).         commercial NGSO MSS
                                                                                          feeder uplinks.
                                       AMS(R)S................  ARNS...................  Reduction of 100
                                                                                          megahertz for AMS(R)S
                                                                                          and for FSS & ISS used
                                                                                          for aeronautical
                                                                                          support.
                                       FSS & ISS (limited to    RDSS (downlinks in the   MLS loses right of
                                        aeronautical support).   sub-band 5150-5216       precedence in 100
                                                                 MHz).                    megahertz.
                                       (Available for U-NII     (Available for U-NII     .......................
                                        devices).                devices).
15.40-15.43 GHz......................  ARNS...................  ARNS...................  Additional 200
                                                                                          megahertz for
                                                                                          commercial NGSO MSS
                                                                                          feeder uplinks.
15.43-15.63 GHz......................  AMS(R)S................  non-Federal Gov't FSS    Reduction of 300
                                                                 (limited to NGSO MSS     megahertz for AMS(R)S
                                                                 feeder uplinks).         and for FSS & ISS used
                                                                                          for aeronautical
                                                                                          support.
                                       FSS & ISS (limited to    ARNS...................  .......................
                                        aeronautical support).

[[Page 17290]]

 
15.63-15.70 GHz......................  .......................  ARNS...................  .......................
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  325  Megahertz Allocated for Commercial NGSO MSS Feeder Downlinks, with an additional 50 megahertz limited to
         grandfathered facilities (The band 6700-7075 MHz is non-Federal Government exclusive spectrum.)
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6700-6785 MHz........................  FSS (uplinks; the sub-   FSS (uplinks)            Additional 175
                                        band 6725-6875 MHz is    (downlinks, limited to   megahertz for
                                        part of the              NGSO MSS feeder links).  commercial NGSO MSS
                                        internationally                                   feeder downlinks.
                                        planned band that
                                        extends from 6725-7025
                                        MHz).
                                       FIXED (half of the band  FIXED..................  Require coordination
                                        6525-6875 MHz that is                             using Part 25 and Part
                                        used by common carrier                            101 rules.
                                        & private operational
                                        fixed point-to-point
                                        microwave licenses).
6875-7025 MHz........................  FSS (uplinks; remainder  FSS (uplinks)             Additional 150
                                        of the internationally   (downlinks, limited to   megahertz for
                                        planned band that        NGSO MSS feeder links).  commercial NGSO MSS
                                        extends from 6725-7025  FIXED & MOBILE.........   feeder downlinks; case-
                                        MHz; the sub-band 7025-                           by-case coordination
                                        7075 MHz is available                             required on interim
                                        for SDARS feeder                                  basis.
                                        links).
7025-7075 MHz........................  FIXED & MOBILE (used by  FSS (uplinks)            Additional 50 megahertz
                                        BAS and CARS licensees   (downlinks, limited to   for commercial NGSO
                                        for ENG, STLs, ICR &     grandfathered NGSO MSS   MSS feeder downlinks,
                                        remote event coverage).  feeder links).           limited to 2
                                                                FIXED & MOBILE.........   grandfathered systems
                                                                                          and 3 sites.
----------------------------------------------------------------------------------------------------------------

Final Regulatory Flexibility Certification

    8. 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 terms ``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, 5 U.S.C. 601 et. seq., has been amended by the 
Contract with American Advancement Act of 1996, Public Law 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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    9. This Report and Order allocates the bands 5091-5250 MHz and 
15.43-15.63 GHz for FSS uplinks on a primary basis, allocates the band 
6700-7025 MHz on a primary basis for FSS downlinks, and limits the use 
of these FSS allocations to feeder links that would be used in 
conjunction with the service links of NGSO MSS systems. In addition, 
two satellite systems and three sites are grandfathered in the downlink 
band 7025-7075 MHz. We take this action on our own initiative in order 
to adopt domestically the NGSO MSS feeder link allocations that have 
been adopted internationally. These allocations will accommodate the 
growing demand for NGSO MSS services and will provide satellite 
operators with increased flexibility in the design of their systems.
    10. 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 (NAICS) 
Codes 48531, 513322, 51334, 513391.
    \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.
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    11. None of the NGSO MSS licensees is a small business because each 
has revenues in excess of $11 million annually or has a parent company 
or investors that have revenues in excess of $11 million annually.
    12. The Commission did not receive any comments on its the initial 
regulatory flexibility certification. Nonetheless, we take this 
opportunity to explain a de minimus burden with regards to terrestrial 
users in the band 6700-7025 MHz. In the Notice of Proposed Rule Making, 
the Commission proposed to allocate the band 6700-7075 MHz to the FSS 
for satellite transmissions down to earth stations on a primary shared 
basis with incumbent users. Because such co-primary use implies 
coordination, the comments of the terrestrial users focused on limiting 
the impact of the allocation by placing restrictions on earth station 
use of the band, that is, the terrestrial parties requested that the 
normal coordination process not apply to this band. In the Report and 
Order, the Commission requires the use of the normal coordination 
process in the band 6700-6875 MHz, which is used by fixed point-to-
point microwave licensees. If gateway applications are filed prior to 
the completion of an upcoming rule making that will deal with final 
coordination rules in the band 6875-7025 MHz, then case-by-case 
coordination will be required of the gateway applicants. Our action to 
limit the number of sites for earth stations in the band 7025-7075 MHz 
to three will also reduce future coordination costs. The Commission 
finds that, because of the limited number of receive earth stations to 
be deployed and their viable locations (that is, in rural areas), there 
will be minimal impact on potential

[[Page 17291]]

coordination costs. We therefore certify that this Report and Order 
will not have a significant economic impact on a substantial number of 
small entities.
    13. The Commission will send a copy of the Report and Order, 
including a copy of this final certification, in a report to Congress 
pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A). In 
addition, the Report and Order and this certification will be sent to 
the Chief Counsel for Advocacy of the Small Business Administration, 5 
U.S.C. 605(b).

Ordering Clauses

    14. Authority for issuance of this Report and Order is contained 
sections 1, 4(i), 301, 302, 303(e), 303(f), 303(g), 303(r), 304, and 
307 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
301, 302, 303(e), 303(f), 303(g), 303(r), 304, and 307.
    15. Parts 2, 25, and 87 of the Commission's rules are amended May 
10, 2002.
    16. The Commission's Consumer Information Bureau, Reference 
Information Center, Shall send a copy of this Report and Order, 
including the Final Regulatory Flexibility Certification, to the Chief 
Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR

42 CFR Part 2

    Telecommunications.

42 CFR Part 25

    Satellites.

42 CFR Part 87

    Air Transportation.

Federal Communications Commimssion.
William F. Caton,
Acting Secretary.

Rules Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 2, 25, and 87 as follows:

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

    1. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.


    2. Section 2.106 is amended as follows:
    a. Revise pages 45, 52, 55, 56, 57, 58, and 67.
    b. In the list of International Footnotes under heading I., add 
footnotes S5.351A and S5.384A; remove footnotes S5.408 and S5.417; and 
revise footnotes S5.447, S5.448, and S5.511A.
    c. In the list of International Footnotes under heading II., remove 
footnotes 733, 753F, 796, and 797.
    d. In the list of United States (US) Footnotes, remove footnote 
US306 and add footnotes US344 and US359.
    e. In the list of Non-Federal Government (NG) Footnotes, add 
footnotes NG171 and NG172.


Sec. 2.106  Table of Frequency Allocations.

    The revisions and additions read as follows:
* * * * *
BILLING CODE 6712-01-P

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International Footnotes

* * * * *

I. New ``S'' Numbering Scheme

* * * * *
    S5.351A For the use of the bands 1525-1544 MHz, 1545-1559 MHz, 
1610-1626.5 MHz, 1626.5-1645.5 MHz, 1646.5-1660.5 MHz, 1980-2010 MHz, 
2170-2200 MHz, 2483.50-2500 MHz, 2500-2520 MHz and 2670-2690 MHz by the 
mobile-satellite service, see Resolutions 212 (Rev. WRC-97) and 225 
(WRC-2000).
* * * * *
    S5.384A The bands, or portions of the bands, 1710-1885 MHz and 
2500-2690 MHz, are identified for use by administrations wishing to 
implement International Mobile Telecommunications-2000 (IMT-2000) in 
accordance with Resolution 223 (WRC-2000). This identification does not 
preclude the use of these bands by any application of the services to 
which they are allocated and does not establish priority in the Radio 
Regulations.
* * * * *
    S5.447 Additional allocation: in Germany, Austria, Belgium, 
Denmark, Spain, Estonia, Finland, France, Greece, Israel, Italy, Japan, 
Jordan, Lebanon, Liechtenstein, Lithuania, Luxembourg, Malta, Norway, 
Pakistan, the Netherlands, Portugal, Syria, the United Kingdom, Sweden, 
Switzerland and Tunisia, the band 5150-5250 MHz is also allocated to 
the mobile service, on a primary basis, subject to agreement obtained 
under No. S9.21.
    S5.448 Additional allocation: in Austria, Azerbaijan, Bulgaria, 
Libya, Mongolia, Kyrgyzstan, Slovakia, the Czech Republic, Romania and 
Turkmenistan, the band 5250-5350 MHz is also allocated to the 
radionavigation service on a primary basis.
* * * * *
    S5.511A The band 15.43-15.63 GHz is also allocated to the fixed-
satellite service (space-to-Earth) on a primary basis. Use of the band 
15.43-15.63 GHz by the fixed-satellite service (space-to-Earth and 
Earth-to-space) is limited to feeder links of non-geostationary systems 
in the mobile-satellite service, subject to coordination under No. 
S9.11A. The use of the frequency band 15.43-15.63 GHz by the fixed-
satellite service (space-to-Earth) is limited to feeder links of non-
geostationary systems in the mobile-satellite service for which advance 
publication information has been received by the Bureau prior to 2 June 
2000. In the space-to-Earth direction, the minimum earth station 
elevation angle above and gain towards the local horizontal plane and 
the minimum coordination distances to protect an earth station from 
harmful interference shall be in accordance with Recommendation ITU-R 
S.1341. In order to protect the radio astronomy service in the band 
15.35-15.4 GHz, the aggregate power flux-density radiated in the 15.35-
15.4 GHz band by all the space stations within any feeder-link of a 
non-geostationary system in the mobile-satellite service (space-to-
Earth) operating in the 15.43-15.63 GHz band shall not exceed the level 
of -156 dB(W/m\2\) in a 50 MHz bandwidth, into any radio astronomy 
observatory site for more than 2% of the time.
* * * * *

United States (US) Footnotes

* * * * *
    US344 In the band 5091-5250 MHz, non-Government earth stations in 
the fixed-satellite service (Earth-to-space) shall be coordinated 
through the Frequency Assignment Subcommittee (see Recommendation ITU-R 
S.1342). In order to better protect the operation of the international 
standard system (microwave landing system) in the band 5000-5091 MHz, 
non-Government tracking and telecommand operations should be conducted 
in the band 5150-5250 MHz.
* * * * *
    US359 In the band 15.43-15.63 GHz, use of the fixed-satellite 
service (Earth-to-space) is limited to non-Government feeder links of 
non-geostationary systems in the mobile-satellite service. These non-
Government earth stations shall be coordinated through the Frequency 
Assignment Subcommittee (see Annex 3 of Recommendation ITU-R S.1340).
* * * * *

Non-Federal Government (NG) Footnotes

* * * * *
    NG171 In the band 6875-7125 MHz, the following two channels should 
be used for airborne TV pickup stations, wherever possible: 7075-7100 
MHz and 7100-7125 MHz.
    NG172 In the band 7025-7075 MHz, the fixed-satellite service 
(space-to-Earth) is allocated on a primary basis, but the use of this 
allocation shall be limited to two grandfathered satellite systems. 
Associated earth stations located within 300 meters of the following 
locations shall be grandfathered: (1) in the band 7025-7075 MHz, 
Brewster, Washington (48 deg.08'46.7" N, 119 deg.42'8.0" W); and, (2) 
in the band 7025-7055 MHz, Clifton, Texas (31 deg.47'58.5" N, 
97 deg.36'46.7" W) and Finca Pascual, Puerto Rico (17 deg.58'41.8" N, 
67 deg.8'12.6" W). All coordinates are specified in terms of the North 
American Datum of 1983.
* * * * *

PART 25--SATELLITE COMMUNICATIONS

    3. The authority citation for part 25 continues to read as follows:

    Authority: 47 U.S.C. 701-744. Interprets or applies Sections 4, 
301, 302, 303, 307, 309 and 332 of the Communications Act, as 
amended, 47 U.S.C. Sections 154, 301, 302, 303, 307, 309 and 332, 
unless otherwise noted.


    4. Add Sec. 25.147 to subpart B to read as follows:


Sec. 25.147  Licensing provision for NGSO MSS feeder downlinks in the 
band 6700-6875 MHz.

    If an NGSO MSS satellite transmitting in the band 6700-6875 MHz 
causes harmful interference to previously licensed co-frequency Public 
Safety facilities, then that satellite licensee is obligated to remedy 
the interference complaint.


    5. Section 25.202 is amended by adding footnotes 14 and 15 to the 
table in paragraph (a)(1) to read as follows:


Sec. 25.202  Frequencies, frequency tolerance and emission limitations.

    (a) * * *

------------------------------------------------------------------------
        Space-to-Earth (GHz)                 Earth-to-space (GHz)
------------------------------------------------------------------------
3.7-4.2 \1\                           5.091-5.25 \12,14\
6.7-7.025 \12\                        5.925-6.425 \1\
10.7-10.95 \1,12\                     12.75-13.15 \1,12\
10.95-11.2 \1,2,12\                   13.2125-13.25 \1,12\
11.2-11.45 \1,12\                     13.75-14 \4,12\
11.45-11.7 \1,2,12\                   14-14.2 \5\
11.7-12.2 \3\                         14.2-14.5
12.2-12.7 \13\                        15.43-15.63 \12,15\
18.3-18.58 \1,10\                     17.3-17.8 \9\
18.58-18.8 \6,10,11\                  27.5-29.5 \1\
18.8-19.3 \7,10\                      29.5-30
19.3-19.7 \8,10\                      48.2-50.2
19.7-20.2 \10\                        ..................................
37.6-38.6                             ..................................
40-41                                 ..................................
------------------------------------------------------------------------

* * * * *
    \14\ See 47 CFR 2.106, footnotes S5.444A and US344, for conditions 
that apply to this band.

    \15\ See 47 CFR 2.106, footnotes S5.511C and US359, for conditions 
that apply to this band.

* * * * *

    6. In Sec. 25.208 add paragraph (n) to read as follows:


Sec. 25.208  Power flux density limits.

* * * * *
    (n) The power-flux density at the Earth's surface produced by 
emissions

[[Page 17300]]

from a space station in the fixed-satellite service (space-to-Earth), 
for all conditions and for all methods of modulation, shall not exceed 
the limits given in Table N. These limits relate to the power flux-
density which would be obtained under assumed free-space conditions.

              Table N.--Limits of Power-Flux Density From Space Stations in the Band 6700-7075 MHz
----------------------------------------------------------------------------------------------------------------
                                   Limit in dB(W/m2) for angle of arrival () above
                                                     the horizontal plane                          Reference
         Frequency band          ------------------------------------------------------------      bandwidth
                                       0\0\-5\0\          5\0\-25\0\          25\0\-90\0\
----------------------------------------------------------------------------------------------------------------
6700-6825 MHz...................  -137..............  -137 + 0.5(-5).
6825-7075 MHz...................  -154..............  -154 + 0.5(-5).             and...............  1 MHz
                                  -134..............  and...............  -124..............
                                                      -134 + 0.5(-5).
----------------------------------------------------------------------------------------------------------------

PART 87--AVIATION SERVICES

    7. The authority citation for part 87 continues to read as follows:

    Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, 
307(e) unless otherwise noted. Interpret or apply 48 Stat. 1064-
1068, 1081-1105, as amended; 47 U.S.C. 151-156, 301-609.


    8. Section 87.173 is amended by adding the following entries to the 
table in paragraph (b) to read as follows:


Sec. 87.173  Frequencies.

* * * * *
    (b) Frequency table:
* * * * *

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    Frequency or frequency band              Subpart            Class of station               Remarks
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
5000-5250 MHz\1\...................  Q.....................  MA, RLW...............  Microwave landing system.
 
*                  *                  *                  *                  *                  *
                                                        *
15400-15700 MHz\2\.................  Q.....................  RL....................  Aeronautical
                                                                                      radionavigation.
 
*                  *                  *                  *                  *                  *              *
----------------------------------------------------------------------------------------------------------------
\1\ See 47 CFR 2.106, footnotes S5.444A and US344, for conditions that apply to this band.
\2\ See 47 CFR 2.106, footnotes S5.511C and US359, for conditions that apply to this band.

[FR Doc. 02-8345 Filed 4-9-02; 8:45 am]
BILLING CODE 6712-01-P