[Federal Register Volume 68, Number 65 (Friday, April 4, 2003)]
[Rules and Regulations]
[Pages 16446-16448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7557]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[ET Docket 98-206; FCC 03-24]


Permit Operation of NGSO FSS Systems Co-Frequency With GSO and 
Terrestrial Systems in the Ku-Band Frequency Range

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission addresses petitions for 
reconsideration of its rules for sharing between geostationary 
satellite orbit service providers and non-geostationary satellite orbit 
service providers in the Ku-Band frequency range. The Commission amends 
several rule sections affecting the demonstration non-geostationary 
satellite orbit service providers must make to establish that they can 
meet equivalent power flux density limits designed to protect incumbent 
geostationary satellite orbit service providers.

DATES: Effective May 5, 2003.

FOR FURTHER INFORMATION CONTACT: J. Mark Young, Attorney Advisor, 
Satellite Division, International Bureau, telephone (202) 418-0762 or 
via the Internet at [email protected]. For additional information 
concerning the information collections contained in this document, 
contact Judith B.

[[Page 16447]]

Herman at (202) 418-0214, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third 
Memorandum Opinion and Order in ET Docket No. 98-206, FCC 03-24, 
adopted February 3, 2003, and released February 6, 2003. The complete 
text of this Third Memorandum Opinion and Order is available for 
inspection and copying during normal business hours in the FCC 
Reference Information Center, Portals II, 445 12th Street, SW., Room 
CY-A257, Washington, DC. This document may also be purchased from the 
Commission's duplicating contractor, Qualex International, Portals II, 
445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 
(202) 863-2893, facsimile (202) 863-2898 or via e-mail 
[email protected]. It is also available on the Commission's Web site at 
http://www.fcc.gov.

Summary of the Third Memorandum Opinion and Order

    1. In a December 2000 Report and Order, 66 FR 7607 (1/24/2001) the 
Federal Communications Commission adopted technical sharing rules to 
allow operation of non-gesotationary satellite orbit, fixed satellite 
service (NGSO FSS) co-frequency with incumbent Ku-Band geostationary 
satellite orbit (GSO), fixed satellite service providers. Co-frequency 
operation of the two services is made possible by a set of limits on 
equivalent power flux density from NGSO FSS systems into GSO antennas. 
On reconsideration of that Report and Order, the Commission amends 
several sub-parts of its rules regarding demonstration that NGSO FSS 
systems can meet the power limits specified in Commission rules.
    2. Licensees of geostationary satellite orbit fixed satellite 
service and broadcast satellite service systems may submit up to 10 
earth station test points for in the demonstration that NGSO FSS 
applicants can meet operational equivalent power flux density limits. 
The same licensees may also submit up to 10 earth station test points 
for the comparable demonstration that NGSO FSS applicants can meet 
additional operational equivalent power flux density limits. If they 
choose to submit earth station test points, geostationary satellite 
orbit licensees must do so by January 1 of each year.

Ordering Clauses

    4. Pursuant to sections 4(i), 7(a), 301, 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), 301, 303(c), 303(f), 303(g), and 303(r), this Third 
Memorandum Opinion and Order is adopted, and part 25 of the 
Commission's rules is amended.
    5. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Third 
Memorandum Opinion and Order, including the Final Regulatory 
Flexibility Certification, in a report to Congress pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A); and shall also 
send a copy of this Third Memorandum Opinion and Order, including the 
Final Regulatory Flexibility Certification, to the Chief Counsel for 
Advocacy of the Small Business Administration. See 5 U.S.C. 605(b).

List of Subjects in 47 CFR Part 25

    Satellites.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 25 as follows:

PART 25--SATELLITE COMMUNICATIONS

0
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.


0
2. Section 25.146 is amended by revising paragraphs (a)(1)(iii), 
(a)(1)(v), (a)(2)(iii), (a)(2)(v), (b)(1)(v), (b)(2), (c), (f) to read 
as follows:


Sec.  25.146  Licensing and operating authorizations provisions for the 
non-geostationary satellite orbit satellite service (NGSO FSS) in the 
bands 10.7 GHz to 14.5 GHz.

    (a) * * *
    (1) * * *
    (iii) If a computer program that has been approved by the ITU for 
determining compliance with the single-entry EPFDdown 
validation limits is not yet available, the applicant shall provide a 
computer program for the single-entry EPFDdown validation 
computation, including both the source code and the executable file. 
This computer program shall be developed in accordance with the 
specification stipulated in Recommendation ITU-R S.1503 (2000). If the 
applicant uses the ITU approved software, the applicant shall indicate 
the program name and the version used.
* * * * *
    (v) Provide the result, the cumulative probability distribution 
function of EPFD, of the execution of the computer program described in 
paragraph (a)(1)(iii) of this section by using only the input 
parameters contained in paragraphs (a)(1)(i) and (a)(1)(iv) of this 
section.
    (2) * * *
    (iii) If a computer program that has been approved by the ITU for 
determining compliance with the single-entry EPFDup 
validation limits is not yet available, the applicant shall provide a 
computer program for the single-entry EPFDup validation 
computation, including both the source code and the executable file. 
This computer program shall be developed in accordance with the 
specification stipulated in Recommendation ITU-R S.1503 (2000). If the 
applicant uses the ITU approved software, the applicant shall indicate 
the program name and the version used.
* * * * *
    (v) Provide the result of the execution of the computer program 
described in paragraph (a)(2)(iii) of this section by using only the 
input parameters contained in paragraphs (a)(2)(i) and (a)(2)(iv) of 
this section.
    (b) * * *
    (1) * * *
    (v) Provide the result, the cumulative probability distribution 
function of EPFD, of the execution of the verification computer program 
described in paragraph (b)(1)(iii) of this section by using only the 
input parameters contained in paragraphs (b)(1)(i) and (b)(1)(iv) of 
this section for each of the submitted test points provided by the 
Commission. These test points are based on information from U.S.-
licensed geostationary satellite orbit fixed-satellite service and 
broadcast satellite service operators in the bands 10.7 GHz to 14.5 
GHz. Each U.S.-licensed geostationary satellite orbit fixed satellite 
service and broadcast satellite service operator in the bands 10.7 GHz 
to 14.5 GHz may submit up to 10 test points for this section containing 
the latitude, longitude, altitude, azimuth, elevation angle, antenna 
size, efficiency to be used by non-geostationary satellite orbit fixed-
satellite service licensees in the bands 10.7 GHz to 14.5 GHz during 
the upcoming year.
    (2) Operational equivalent power flux-density, space-to-Earth 
direction, (operational EPFDdown) limits. Using the 
information contained in (b)(1) of this section plus the measured space 
station

[[Page 16448]]

antenna patterns, provide the result of the execution of the computer 
simulation for the anticipated in-line operational EPFDdown 
levels for each of the submitted test points provided by the 
Commission. Submitted test points are based on inputs from U.S.-
licensed geostationary satellite orbit fixed-satellite service and 
broadcast satellite service operators in the bands 10.7 GHz to 14.5 
GHz. Each U.S.-licensed geostationary satellite orbit fixed-satellite 
service and broadcast satellite service operator in the bands 10.7 GHz 
to 14.5 GHz may submit up to 10 test points for this section containing 
the latitude, longitude, altitude, azimuth, elevation angle, antenna 
size, efficiency to be used by non-geostationary satellite orbit fixed-
satellite service licensees in the bands 10.7 GHz to 14.5 GHz during 
the upcoming year.
    (c) The NGSO FSS system licensee shall, on June 30 of each year, 
file a report with the International Bureau and the Commission's 
Columbia Operations Center in Columbia, Maryland, certifying that the 
system continues to operate within the bounds of the masks and other 
input parameters specified under 25.146(a) and 25.146(b) as well as 
certifying the status of the additional operational EPFDdown 
levels into the 3 m and 10 m geostationary satellite orbit fixed-
satellite service receiving Earth station antennas, the operational 
EPFDdown levels into the 3 m, 4.5 m, 6.2 m and 10 m 
geostationary satellite orbit fixed-satellite service receiving Earth 
station antennas and the operational EPFDdown levels into 
the 180 cm geostationary satellite orbit broadcast satellite service 
receiving Earth station antennas in Hawaii and 240 cm geostationary 
satellite orbit broadcast satellite service receiving Earth station 
antennas in Alaska.
* * * * *
    (f) Coordination will be required between NGSO FSS systems and GSO 
FSS earth stations in the frequency band 10.7-12.75 GHz when all of the 
following threshold conditions are met:
    (1) Bandwidth overlap; and
    (2) The satellite network using the GSO has specific receive earth 
stations which meet all of the following conditions: earth station 
antenna maximum isotropic gain greater than or equal to 64 dBi; G/T of 
44 dB/K or higher; and emission bandwidth of 250 MHz; and the 
EPFDdown radiated by the satellite system using the NGSO 
into the GSO specific receive earth station, either within the U.S. for 
domestic service or any points outside the U.S. for international 
service, as calculated using the ITU software for examining compliance 
with EPFD limits set forth in Article 22 of the ITU Radio Regulations 
exceeds -174.5 dB(W/(m2/40kHz)) for any percentage of time for NGSO 
systems with all satellites only operating at or below 2500 km 
altitude, or -202 dB(W/(m2/40kHz)) for any percentage of time for NGSO 
systems with any satellites operating above 2500 km altitude.
    (3) If there is no ITU software for examining compliance with EPFD 
limits set forth in Article 22 of the ITU Radio Regulations, then the 
EPFDdown coordination trigger is suspended and the 
requirement for coordination will be based on bandwidth overlap and the 
satellite network using the GSO has specific receive earth stations 
which meet all of the following conditions: earth station antenna 
maximum isotropic gain greater than or equal to 64 dBi; G/T of 44 dB/K 
or higher; and emission bandwidth of 250 MHz.
* * * * *

0
3. In Sec.  25.208, paragraph (l) is amended by adding Footnote 5 to 
the heading of Table 1L and paragraph (m) is amended by adding Footnote 
5 to the heading of Table 1M to read as follows:


Sec.  25.208  Power flux density limits.

* * * * *
    (1) * * *
    \5\ For each reference antenna diameter, the limit consists of 
the complete curve on a plot which is linear in decibels for the 
EPFD levels and logarithmic for the time percentages, with straight 
line joining the data points.
* * * * *
    (m) * * *

    \5\ For each reference antenna diameter, the limit consists of 
the complete curve on a plot which is linear in decibels for the 
EPFD levels and logarithmic for the time percentages, with straight 
line joining the data points.
* * * * *
[FR Doc. 03-7557 Filed 4-3-03; 8:45 am]
BILLING CODE 6712-01-P