[Federal Register Volume 67, Number 192 (Thursday, October 3, 2002)]
[Proposed Rules]
[Pages 61999-62001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24893]


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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: Proposed rule.

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SUMMARY: In this document the Commission proposes amend its rules that 
specifies limits on the permissible strength of out-of-band emissions 
from mobile earth stations with assigned uplink frequencies between 
1610 MHz and 2025 MHz in order to prevent interference with use of 
satellite radionavigation services for airplane guidance during 
approach to landing. The Commission intents to add a provision in part 
25 that would require emissions from mobile earth stations with 
assigned uplink frequencies in the 1626.5-1660.5 MHz band to be 
suppressed in the 1605-1610 MHz band to a level determined by linear 
interpolation from -70 dBW/MHz at 1605 MHz to -46 dBW/MHz at 1610 MHz 
after January 1, 2005. Further, the Commission intents to add a 
provision that would require discrete narrowband emissions in the 1605-
1610 MHz band to be suppressed to a level 10 dB below the corresponding 
limit for wideband emissions.

DATES: Comments are due on or before December 2, 2002 and reply 
comments are due on or before January 2, 2003.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.

[[Page 62000]]


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 
Further Notice of Proposed Rulemaking (FNPRM) in IB Docket No. 99-67, 
FCC 02-134, adopted May 2, 2002 and released on May 14, 2002. 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.

Initial Paperwork Reduction Act Analysis

    The Commission acknowledged that the FNPRM proposes an additional 
information-collection requirement and invited the general public and 
the Office of Management and Budget (OMB) to comment on the proposed 
additional information requirement, as required by the Paperwork 
Reduction Act of 1995. Such public comments are due within November 4, 
2002. Comments should address: (a) Whether the proposed 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. Written 
comments on the proposed information collection requirement should be 
filed with the Commission's Secretary, and a copy 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], and Jeanette Thornton, OMB Desk Officer, 10236 NEOB, 
725 17th Street NW., Washington, DC 20503, or via the Internet to 
[email protected].

Procedures for Filing Comments on the Further Notice of Proposed 
Rulemaking

    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
interested parties may file comments on the Further Notice of Proposed 
Rulemaking on or before December 2, 2002 and reply comments January 2, 
2003. Comments may be filed using the Commission's Electronic Comment 
Filing System (``ECFS'') or by submitting paper copies. See Electronic 
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (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. Commenters must 
transmit one electronic copy of their comments for each docket or 
rulemaking number referenced in the caption. In completing the 
transmittal screen, commenters should include their full name, U.S. 
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.
    Parties who choose to file by paper must file an original and six 
copies of each filing. Paper filings can be sent by hand or messenger 
delivery, by commercial overnight courier, or by first-class or 
overnight U.S. Postal Service mail (although we continue to experience 
delays in receiving U.S. Postal Service mail). The Commission's 
contractor, Vistronix, Inc., will receive hand-delivered paper filings 
for the Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 
110, Washington, DC 20002. The filing hours at this location are 8 a.m. 
to 7 p.m. All hand deliveries must be held together with rubber bands 
or fasteners. Any envelopes must be disposed of before entering the 
building. Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Compton 
Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail, 
Express Mail, and Priority Mail should be addressed to 445 12th Street, 
SW., Washington, DC 20554. All filings must be addressed to the 
Commission's Secretary, Office of the Secretary, Federal Communications 
Commission. Comments and reply comments should be captioned using the 
docket number for this proceeding.
    Parties who choose to file by paper should also submit their 
comments on diskette. The diskettes should be submitted to the 
Commission's Secretary, Marlene H. Dortch, Office of the Secretary, 
Federal Communications Commission. Portals II, 445 12th Street, SW., 
Washington, DC. The Commission's contractor, Vistronix, Inc., will 
receive hand-delivered diskette filings for the Commission's Secretary 
at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The 
filing hours at this location are 8 a.m. to 7 p.m. All hand deliveries 
must be held together with rubber bands or fasteners. Any envelopes 
must be disposed of before entering the building. Commercial overnight 
mail (other than U.S. Postal Service Express Mail and Priority Mail) 
must be sent to 9300 East Compton Drive, Capitol Heights, MD 20743. 
U.S. Postal Service first-class mail, Express Mail, and Priority Mail 
should be addressed to 445 12th Street, SW., Washington, DC 20554. All 
filings must be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission. Such a submission should 
be on a 3.5-inch diskette formatted in an IBM compatible format using 
Word for Windows or compatible software. The diskette should be 
accompanied by a cover letter and should be submitted in ``read only'' 
mode. The diskettes should be clearly labeled with the commenter's 
name, the docket number of this proceeding, type of pleading (comment 
or reply comment), date of submission, and the name of the electronic 
file on the diskette. The label should also include the following 
phrase ``Disk Copy--Not an Original.'' Each diskette should contain 
only one party's pleading, preferably in a single electronic file. In 
addition, commenters must send diskette copies to the Commission's copy 
contractor, Qualex International, Portals II, 445 12th Street, SW., 
Room CY-B402 Washington, DC 20554.
    Comments and reply comments will be available for public inspection 
during regular business hours in the FCC Reference Center, 445 12th 
Street, SW., Washington, DC 20554.

Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, the Further 
Notice of Proposed Rulemaking includes an Initial Regulatory 
Flexibility Analysis (``IRFA'') of possible significant economic impact 
on ``small entities'' from the proposed rules changes. Members of the 
public may file written comments on the IRFA within the deadlines for 
comments on the FNPRM. The Commission requested comment on the number 
and identity of small entities that would be significantly impacted by 
the proposed rule changes and invited comment as to whether there is 
any alternative means of achieving its regulatory objectives

[[Page 62001]]

that would significantly reduce burdens on small entities.

List of Subjects in 47 CFR Part 25

    Satellite communications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 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 25.216 is amended by revising paragraph (e) and by 
adding paragraphs (g), (h) and (i) to read as follows:


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

    (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 that frequency band.
* * * * *
    (g) Mobile earth stations placed in service after July 21, 2002 
with assigned uplink frequencies in the 1626.5-1660.5 MHz band shall 
suppress the power density of emissions in the 1605-1610 MHz band-
segment to an extent determined by linear interpolation from -70 dBW/
MHz at 1605 MHz to -46 dBW/MHz at 1610 MHz. The e.i.r.p. of discrete 
emissions of less than 700 Hz bandwidth from such stations shall not 
exceed a level determined by linear interpolation from -80 dBW at 1605 
MHz to -56 dBW at 1610 MHz.
    (h) The peak e.i.r.p. density of carrier-off-state emissions from 
mobile earth stations with assigned uplink frequencies between 1 and 3 
GHz shall not exceed -77 dBW/MHz in the 1559-1610 MHz band.
    (i) No mobile earth station subject to the requirements of this 
section may be operated after January 1, 2005 unless its conformance 
with pertinent requirements specified in this section with respect to 
operation after that date has been demonstrated pursuant to the 
certification procedure prescribed in part 2, subpart J, of this 
chapter.

[FR Doc. 02-24893 Filed 10-2-02; 8:45 am]
BILLING CODE 6712-01-P