[Federal Register Volume 67, Number 103 (Wednesday, May 29, 2002)]
[Rules and Regulations]
[Pages 37335-37336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13225]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[CC Docket 92-297; FCC 01-164]


Redesignate the 27.5-29.5 GHz Frequency Band, To Reallocate the 
29.5-30.0 GHz Frequency Band, To Establish Rules and Policies for Local 
Multipoint Distribution Service and for Fixed Satellite Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Federal Communications Commission (FCC) issued a document 
disposing of petitions for reconsideration of a previous order that 
established a frequency-use plan for Ka-Band satellite services. The 
reconsideration order eliminates a rule provision that restricted 
eligibility for license authority for uplink transmission in the 29.25-
29.5 GHz frequency band and clarifies provisions concerning inter-
system coordination in that band.

DATES: Effective May 29, 2002.

FOR FURTHER INFORMATION CONTACT: William Bell at (202) 418-0741. 
Internet: [email protected], International Bureau, Federal Communications 
Commission, Washington, DC 20554.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memorandum Opinion and Order in CC Docket No. 92-297, FCC 01-164, 
adopted May 22, 2001 and released on May 24, 2001. The complete text of 
this MO&O is available for inspection and copying during normal 
business hours in the FCC Reference Center (Room), 445 12th Street, SW 
Washington, DC 20554, and also may be purchased from the Commission's 
copy contractor, International Transcription Service, Inc. (ITS, Inc.), 
1231 20th Street, NW, Washington, DC 20036, (202) 857-3800.

Summary of Memorandum Opinion and Order

Deletion of Repeating-Groundtracks Requirement

    In the First Report and Order, 61 FR 39425, July 29, 1996 in Docket 
No. 92-297, the Commission designated two adjacent frequency bands, 
29.1-29.25 GHz and 29.25-29.5 GHz, for feeder uplinks for Mobile 
Satellite Service systems using non-geostationary-orbit satellites 
(i.e., ``NGSO/MSS'' systems). The Commission also designated the 29.1-
29.25 GHz band for hub-to-subscriber transmission by Local Multipoint 
Distribution Service (``LMDS'') systems and the 29.25-29.5 GHz band for 
uplinks for Fixed Satellite Service systems using geostationary 
satellites (i.e., ``GSO/FSS'' systems).
    In a petition for reconsideration of the First Report and Order, 
Motorola Satellite Communications, Inc. asked for deletion of a rule 
provision, 47 CFR 25.258(c), that limits eligibility for NGSO/MSS 
feeder uplink assignments in the 29.25-29.5 GHz band to systems whose 
satellites retrace the same path over the earth's surface on every 
orbit. Motorola argued that the restriction should be eliminated 
because it severely constrains system design, is unnecessary for inter-
system coordination, and was adopted without adequate prior notice.
    The FCC concludes that there is no evidence of record that an NGSO/
MSS system must operate with repeating ground tracks in order to 
coordination with GSO/FSS systems. The FCC therefore decides to 
eliminate the rule provision in question.

Geographic Separation

    A petitioner requested that 47 CFR 25.258(b) be amended to allow 
GSO FSS licensees to rely on geographic separation for coordination of 
uplink transmission with NGSO FSS systems. The FCC denies the request 
because it has concluded that the rule already permits reliance on 
geographical separation for that purpose.

``Licensed''

    A petitioner contended that the word ``Licensed'' should be 
stricken from [sect] 25.258(b) because its use in that context might 
foster an impression that NGSO/MSS licensees need not coordinate with 
GSO/FSS systems proposed in pending applications. The FCC denies this 
amendment request. It holds that the petitioner's concern is 
unwarranted and, in any case, that merely deleting ``Licensed'' would 
not change the meaning of the rule provision.

Clarifying Amendments to [sect] 25.258

    Several petitioners proposed amendments to 47 CFR 25.258 to make it 
clear that interference should be minimized with respect to both GSO 
FSS and NGSO MSS systems and that NGSO applicants should demonstrate 
the feasibility of sharing with previously-licensed GSO systems that 
are not yet operational. The FCC agrees that these proposed changes 
should be made.

Limits on LMDS Operation

    In the First Report and Order the FCC prohibited use of the 29.1-
29.25 GHz frequency band for LMDS subscriber-to-hub links, but 
indicated that the limitation might be reconsidered in the future based 
on evidence that sharing is feasible. A petitioner sought clarification 
regarding the process that would be used to reach a determination in 
this regard. The FCC says in the reconsideration order that it sees no 
reason to prescribe a specific process for making such a determination 
at this time and that clarification of requirements for fixed service 
leasing of LMDS spectrum is under consideration in another proceeding.

Final Regulatory Flexibility Certification

    The Regulatory Flexibility Act of 1980, as amended (``RFA'') 
requires that a regulatory flexibility analysis be prepared for 
rulemaking proceedings, unless the agency certifies that ``the rule 
will not 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'').
    First, in this Memorandum Opinion and Order we eliminate a rule 
provision that barred use of the 29.25-29.5 GHz frequency band for 
transmission from earth stations to non-geostationary-orbit (i.e., 
``NGSO'') satellites that do not trace constant paths over the ground 
in successive orbits. Any applicant for a license for NGSO uplink 
transmission in that band is required by other provisions in the 
Commission's rules to demonstrate that the proposed operation (1) would 
not interfere with authorized operation in that band by previously-
licensed systems or (2) would be conducted in accordance with 
coordination agreements with the licensees of such systems. With these 
protective measures in place, we believe that the elimination of the 
restriction on use of the 29.25-29.5 GHz frequency band will not have a 
significant economic impact on any small entities.

[[Page 37336]]

Second, this Memorandum Opinion and Order adopts minor revisions to 
other rule provisions to make it clear that: (1) the frequencies and 
polarity of transmission to GSO satellites in the 29.25-29.5 GHz band 
from fixed earth stations in the vicinity of NGSO feeder-link stations 
must be chosen to minimize interference with reception of uplink 
transmission to NGSO, as well as GSO, satellites and (2) applicants for 
authority to use the 29.25-29.5 GHz band for feeder uplinks must show 
that sharing is possible with other systems that have been previously-
authorized to use that band, not just systems that are currently 
operational. These changes merely clarify the Commission's pertinent 
intentions, rather than altering its policies and therefore impose no 
additional burden on any small entities. We therefore certify that the 
adoption of this Memorandum Opinion and Order will not have a 
significant economic impact on a substantial number of small entities. 
The Commission will send a copy of the Memorandum Opinion and Order, 
including a copy of this final certification, in a report to Congress 
pursuant to the Small Business Regulatory Enforcement Fairness Act of 
1996. In addition, the Memorandum Opinion and Order and this final 
certification will be sent to the Chief Counsel for Advocacy of the SBA 
and will be published in the Federal Register.

Ordering Clauses

    Accordingly, that the ``Petition for Partial Reconsideration'' 
filed by Motorola Satellite Communications, Inc. on September 27, 1996 
is granted.
    The ``Petition of TRW Inc. for Clarification and/or Partial 
Reconsideration of the First Report and Order'' filed on September 24, 
1996 is granted to the extent indicated herein and is otherwise denied 
and that the ``Petition for Reconsideration of Texas Instruments, 
Inc.'' filed on August 28, 1996 is denied to the extent indicated 
herein.
    Section 25.258 of the Commission's rules is amended as indicated in 
the rule changes, effective May 29, 2002. This action is taken pursuant 
to 47 U.S.C. 154(i) and 303(r).
    The Commission's Consumer Information Bureau, Reference Information 
Center, shall send a copy of this Memorandum Opinion and Order, 
including the Regulatory Flexibility Certification, to the Chief 
Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 25

    Satellites.

    Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rules Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 25 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 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.


    2. Section 25.258 is revised to read as follows:


[sect] 25.258  Sharing between NGSO MSS Feeder links Stations and GSO 
FSS services in the 29.25-29.5 GHz Bands.

    (a) Operators of NGSO MSS feeder link earth stations and GSO FSS 
earth stations in the band 29.25 to 29.5 GHz where both services have a 
co-primary allocation shall cooperate fully in order to coordinate 
their systems. During the coordination process both service operators 
shall exchange the necessary technical parameters required for 
coordination.
    (b) Licensed GSO FSS systems shall, to the maximum extent possible, 
operate with frequency/polarization selections, in the vicinity of 
operational or planned NGSO MSS feeder link earth station complexes, 
that will minimize instances of unacceptable interference with GSO FSS 
or NGSO MSS uplink reception.
    (c) Applicants for authority to use the 29.25-29.5 GHz band for 
NGSO MSS feeder uplinks will have to demonstrate that their systems can 
share with GSO FSS and NGSO MSS systems that have been authorized for 
operation in that band.
[FR Doc. 02-13225 Filed 5-28-02; 8:45 am]
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