[Federal Register Volume 67, Number 191 (Wednesday, October 2, 2002)]
[Rules and Regulations]
[Pages 61814-61816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24892]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket 99-67; RM 9165; FCC 02-134]


Petition of the National Telecommunications and Information 
Administration To Amend the Commission's Rules To Establish Emission 
Limits for Mobile and Portable Earth Stations Operating in the 1610-
1660.5 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document the Commission adopts a new rule section,

[[Page 61815]]

that specifies limits on the permissible strength of out-of-band 
emissions from mobile earth stations in order to prevent interference 
with use of GPS or similar satellite radionavigation services for 
airplane guidance during approach to landing.

DATES: Effective November 1, 2002.

FOR FURTHER INFORMATION CONTACT: William Bell at (202) 418-0741 
(Internet: [email protected]) or Marcus Wolf at (202) 418-0736 (Internet: 
[email protected]), International Bureau, Federal Communications 
Commission, Washington, DC 20554.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order in IB Docket No. 99-67, FCC 02-134, adopted May 2, 2002 and 
released on May 14, 2002. In a Notice of Proposed Rulemaking adopted in 
1999, 64 FR 16687 (April 6, 1999), the Commission proposed to adopt a 
new rule section specifying limits on the permissible strength out-of-
band emissions from mobile earth stations in order to prevent 
interference with use of GPS of similar satellite radionavigation 
services for airplane guidance during approach to landing. After 
considering relevant public comments, the Commission has decided to 
adopt the proposed new rule section. The complete text of this decision 
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.

Paperwork Reduction

    This Report and Order requires either new or modified information 
collections subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. It will be submitted to the Office of Management and 
Budget (OMB) for review under the emergency processing provisions of 
the PRA. The Commission invites the public and other Federal agencies 
to comment on information collection(s) required by this Report and 
Order. Comments should address: (a) Whether the new or modified 
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.
    Public and agency comments on the request for approval of the 
information collection requirements are due December 2, 2002. All 
comments regarding the requests for approval of the information 
collection should be submitted to Judy Boley Herman, Federal 
Communications Commission, Room 1-C804, 445 12th Street, SW., 
Washington, DC 20554, or via the Internet to [email protected]. In 
addition, comments on the emergency request for approval of the 
information collections should be submitted to Jeanette Thornton, OMB 
Desk Officer, Room 10236 NEOB, 725 17th Street, NW., Washington, DC 
20503, or via the Internet [email protected].

Final Regulatory Flexibility

    The Regulatory Flexibility Act of 1980, as amended (``RFA''), 
requires a regulatory flexibility analysis to 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.'' As required by the RFA, 
the original Notice of Proposed Rulemaking in this proceeding included 
an Initial Regulatory Flexibility Analysis (``IRFA''). The Commission 
invited written public comment on the rulemaking proposal and on the 
IRFA. This Final Regulatory Flexibility Analysis is also included in 
compliance with the RFA.

A. Need for and Objectives of This Report and Order

    The purpose of this Report and Order is to adopt a rule specifying 
limits on the permissible strength of emissions produced by mobile 
earth stations outside their assigned frequency bands, in order to 
prevent interference with aircraft reception of satellite 
radionavigation signals in the 1559-1610 MHz band.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    None of the comments filed in this proceeding discussed the IRFA.

C. Description and Estimate of the Number of Small Entities To Which 
the New Rule Will Apply

    The RFA directs agencies to provide a description of, and when 
feasible, an estimate of the number of, small ``entities'' that may be 
affected by the rules they adopt. The RFA generally defines the term 
``small entity'' as referring to a ``small business,'' ``small 
organization,'' or ``small governmental jurisdiction.'' 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).
    For satellite telecommunications carriers and resellers, the SBA 
established a small business size standard that excludes companies with 
annual receipts in excess of $12.5 million. Ten companies are currently 
licensed for operation of 1.6 GHz mobile earth stations subject to the 
rule requirements we are adopting in this order. We have ascertained 
from published data that four of those companies are not small entities 
according to the SBA's definition, but we do not have sufficient 
information to determine which, if any, of the other six are small 
entities. We anticipate issuing several licenses for 2 GHz mobile earth 
stations subject to the requirements we are adopting here. We do not 
know how many of those licenses will be held by small entities, 
however, as we do not yet know exactly how many 2 GHz mobile-earth-
station licenses will be issued or who will receive them.

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

    In this Report and Order, the Commission prescribes limits on the 
permissible strength of emissions in the 1559-1610 MHz frequency band 
that may be generated by mobile earth stations with assigned 
transmission frequencies between 1610 MHz and 1660.5 MHz or between 
1990 MHz and 2025 MHz. Those licensed by the Commission to operate, or 
supervise operation of, such mobile earth stations will be obliged to 
ensure that the equipment covered by their licenses performs in 
compliance with the new emission restrictions. Some licensees may find 
it necessary to alter, replace, or decommission equipment currently in 
service in order to comply. We do not know, nor do the comments filed 
in this proceeding indicate, how much expense the pertinent companies 
may incur to achieve compliance with the new emission limits. The rule 
we are adopting here does not impose reporting or recordkeeping 
requirements.

[[Page 61816]]

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

    The RFA requires an agency to describe any significant alternatives 
that it has considered that might reduce economic impact on small 
entities, such as: establishing different compliance or reporting 
requirements or timetables that take into account the resources 
available to small entities; clarifying, consolidating, or simplifying 
such requirements for small entities; using performance rather than 
design standards; or completely or partially exempting small entities 
from new requirements.
    We have not considered exempting small entities from the emission 
limits we are adopting here or prescribing more lenient requirements or 
compliance timetables for small entities, as we do not believe that 
such measures could be effected without thwarting fulfillment of our 
regulatory objective of preventing interference. We have taken steps, 
however, to minimize adverse impact on affected licensees. Most 
notably, in the interest of minimizing consequent equipment 
obsolescence, we have decided to exempt equipment currently in service 
from full compliance until January 1, 2005.
    Report to Congress: The Commission will send a copy of this Report 
and Order, including a copy of this Final Regulatory Flexibility 
Analysis (``FRFA''), in a report to Congress pursuant to the 
Congressional Review Act. The Commission will also send a copy of this 
Report and Order and FRFA to the Chief Counsel for Advocacy of the SBA, 
and a copy of the Report and Order and FRFA (or a summary thereof) will 
be published in the Federal Register.
Ordering Clauses
    It is ordered that, pursuant to sections 4(i), 7(a), 303(c), 
303(f), 303(g), and 303(r) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), 157(a), 303(c), 303(f), 303(g), 303(r), 307, 
309(a), 310, part 25 of the Commission's rules is amended, as specified 
in the rule changes, effective November 1, 2002.
    It is further ordered that the Commission's Consumer Information 
Bureau, Reference Information Center, shall send a copy of this Report 
and Order the Final Regulatory Flexibility Analysis, to the Chief 
Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 25

    Satellite communications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule 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.


Sec.  25.200  [Removed]

    2. Section 25.200 is removed.


Sec.  25.213  [Removed and reserved]

    3. Section 25.213 is amended by removing and reserving paragraph 
(b).

    4. Add Sec.  25.216 to read as follows:


Sec.  25.216  Limits on emissions from mobile earth stations for 
protection of aeronautical radionavigation-satellite service.

    (a) The e.i.r.p. density of emissions from mobile earth stations 
placed in service on or before July 21, 2002 with assigned uplink 
frequencies between 1610 MHz and 1660.5 MHz shall not exceed -70 dBW/
MHz, averaged over any 20 millisecond interval, in the band 1559-
1587.42 MHz. The e.i.r.p. of discrete emissions of less than 700 Hz 
bandwidth generated by such stations shall not exceed -80 dBW, averaged 
over 20 milliseconds, in that band.
    (b) The e.i.r.p. density of emissions from mobile earth stations 
placed in service on or before July 21, 2002 with assigned uplink 
frequencies between 1610 MHz and 1626.5 MHz shall not exceed -64 dBW/
MHz, averaged over 20 milliseconds, in the 1587.42-1605 MHz band. The 
e.i.r.p. of discrete emissions of less than 700 Hz bandwidth generated 
by such stations shall not exceed -74 dBW, averaged over 20 
milliseconds, in the 1587.42-1605 MHz band.
    (c) The e.i.r.p. density of emissions from mobile earth stations 
placed in service after July 21, 2002 with assigned uplink frequencies 
between 1610 MHz and 1660.5 MHz shall not exceed -70 dBW/MHz, averaged 
over 20 milliseconds, in the 1559-1605 MHz band. The e.i.r.p. of 
discrete emissions of less than 700 Hz bandwidth from such stations 
shall not exceed -80 dBW, averaged over 20 milliseconds, in the 1559-
1605 MHz band.
    (d) As of January 1, 2005 and from then on, the e.i.r.p. density of 
emissions from mobile earth stations placed in service on or before 
July 21, 2002 with assigned uplink frequencies between 1610 MHz and 
1660.5 MHz (except Standard A Inmarsat terminals used as Global 
Maritime Distress and Safety System ship earth stations) shall not 
exceed -70 dBW/MHz, averaged over 20 milliseconds, in the 1559-1605 MHz 
band or a level in the 1605-1610 MHz band determined by linear 
interpolation from -70 dBW/MHz at 1605 MHz to -10 dBW/MHz at 1610 MHz, 
and the e.i.r.p. of discrete emissions of less than 700 Hz bandwidth 
from such stations shall not exceed -80 dBW, averaged over 20 
milliseconds, in the 1559-1605 MHz band.
    (e) The e.i.r.p. density of emissions from mobile earth stations 
with assigned uplink frequencies between 1990 MHz and 2025 MHz shall 
not exceed -70 dBW/MHz, averaged over 20 milliseconds, in frequencies 
between 1559 MHz and 1610 MHz. The e.i.r.p. of discrete emissions of 
less than 700 Hz bandwidth from such stations shall not exceed -80 dBW, 
averaged over 20 milliseconds, in frequencies between 1559 MHz and 1605 
MHz.
    (f) Mobile earth stations placed in service after July 21, 2002 
with assigned uplink frequencies in the 1610-1660.5 MHz band shall 
suppress the power density of emissions in the 1605-1610 MHz band to an 
extent determined by linear interpolation from -70 dBW/MHz at 1605 MHz 
to -10 dBW/MHz at 1610 MHz.


    Note to Sec.  25.216: Operation of mobile earth stations is also 
subject to all pertinent emissions limits specified in other 
sections of the Commission's rules. See Sec. Sec.  25.202(f) and 
25.213(a)(1).

[FR Doc. 02-24892 Filed 10-1-02; 8:45 am]
BILLING CODE 6712-01-P