[Federal Register Volume 68, Number 108 (Thursday, June 5, 2003)]
[Rules and Regulations]
[Pages 33640-33654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14081]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 25

[IB Docket No. 01-185; FCC 03-15]


Flexibility for Delivery of Communications by Mobile Satellite 
Service Providers in the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz 
Bands

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document is a summary of the Report and Order adopted by 
the Commission in this proceeding. The Commission permitted certain 
mobile-satellite service (MSS) providers in the 2 GHz Band, the L-Band, 
and the 1.6/2.4 GHz Bands to integrate ancillary terrestrial components 
(ATCs) into their MSS networks. Specifically, MSS operators are allowed 
to seek authority to integrate ATCs into their networks for the purpose 
of enhancing their ability to offer high-quality, affordable mobile 
services on land, in the air and over oceans without using any 
additional spectrum resources beyond spectrum already allocated and 
authorized by the Commission for MSS in these bands. The Commission 
found that permitting MSS ATC in the manner prescribed in the Report 
and Order should increase the efficiency of spectrum use through MSS 
network integration and terrestrial reuse and permit better coverage in 
areas that MSS providers could not otherwise serve; provide additional 
communications that may enhance public protection; and provide new 
services in the markets served by MSS. Thus, it concluded that making 
ATC available to licensed MSS operators serves the public interest.

DATES: Effective July 7, 2003, except for Sec. Sec.  25.149, 25.252, 
25.253, 25.254, which contain information collection requirements that 
have not been approved by the Office of Management and Budget (OMB). 
The FCC will publish a document in the Federal Register announcing the 
effective date for those sections. The incorporation by reference of 
certain publications listed in Sec.  25.254 will be approved by the 
Director of the Federal Register as of the effective date announced in 
the Federal Register. OMB, the general public, and other Federal 
agencies are invited to comment on the information collection 
requirements on or before August 4, 2003.

FOR FURTHER INFORMATION: Trey Hanbury, Breck Blalock, or James Ball, 
Policy Division, International Bureau, (202) 418-1460. For information 
concerning the information collection(s) contained in this document, 
contact Judith B. Herman at 202-418-0214, or via the Internet at 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order in IB Docket No. 01-185, FCC No. 03-15, adopted January 29, 
2003, and released on February 3, 2003. The full text of this 
Commission decision is available for inspection and copying during 
normal business hours in the FCC Reference Center (Room CY-A257), 445 
12th Street, SW., Washington, DC 20554. The document is also available 
for download over the Internet at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-15A1.pdf. The complete text may also be 
purchased from the Commission's copy contractor, Qualex International, 
in person at 445 12th Street, SW., Room CY-B402, Washington, DC 20554, 
via telephone at (202) 863-2893, via facsimile at (202) 863-2898, or 
via e-mail at [email protected].
    This Report and Order contains new or modified information 
collections subject to the Paperwork Reduction Act of 1995 (PRA), Pub. 
L. 104-3. It will be submitted to the Office of Management and Budget 
(OMB) for review under section 3507(d) of the PRA. OMB, the general 
public, and other Federal agencies are invited to comment on the 
modified information collections contained in this proceeding.

Summary of Report and Order

    On August 9, 2001, the Commission adopted a notice of proposed 
rulemaking in this proceeding (66 FR 47621, September 13, 2001) to 
obtain comment on proposals to bring flexibility to the delivery of 
communications by mobile satellite service (MSS) providers. On February 
3, 2003, the Commission released a Report and Order and notice of 
proposed rulemaking in this proceeding. The notice of proposed 
rulemaking relating to this proceeding is published elsewhere in this 
issue of the Federal Register. In the Report and Order, the Commission 
permitted flexibility in the delivery of communications by MSS 
providers that operate in three sets of radio frequency bands: the 2 
GHz MSS band, the L-band and the Big LEO bands. Specifically, we permit 
MSS licensees to integrate ATCs into their MSS networks. The Commission 
permits MSS operators to seek authority to integrate ATCs into their 
networks for the purpose of enhancing their ability to offer high-
quality, affordable mobile services on land, in the air and over the 
oceans without using any additional spectrum resources beyond spectrum 
already allocated and authorized by the Commission for MSS in these 
bands. The Commission will authorize MSS ATC subject to conditions that 
ensure that the added terrestrial component remains ancillary to the 
principal MSS offering. The Commission does not intend, nor will it 
permit, the terrestrial component to become a stand-alone service. 
Permitting MSS ATCs in this manner should: (1) Increase the efficiency 
of spectrum use through MSS network integration and terrestrial reuse 
and permit better coverage in areas that MSS providers could not 
otherwise serve; (2) reduce costs, eliminate inefficiencies and enhance 
operational ability in MSS systems; (3) provide additional 
communications that may enhance public protection; and (4) strengthen 
competition in the markets served by MSS. An Errata was issued on March 
7, 2003, to correct minor errors in the text and appendices of the 
Report and Order. The summary and rules that appear herein reflect the 
corrected text.

Procedural Matters

Paperwork Reduction Act

    This Report and Order contains a new or modified information 
collection. The Commission, as part of its continuing effort to reduce 
paperwork burdens, invites the general public to comment on the 
information collection contained in this Report and Order as required 
by the Paperwork Reduction Act of 1995, Pub. L. 104-13. Public and 
agency comments are due August 4, 2003. A copy of any comments on the 
information collection contained herein should be submitted to Judy 
Boley, Federal Communications Commission, In addition to filing 
comments with the Secretary, a copy of any comments on the information 
collections contained herein should be submitted to Judy Boley, Federal 
Communications Commission, Room 1-C804, 445 12th Street, SW., 
Washington, DC 20554, or via the Internet to [email protected], and to Kim 
A. Johnson, OMB Desk Officer, Room 10236 NEOB, 725 17th Street, NW., 
Washington, DC 20503 or via the Internet to [email protected].

Final Regulatory Flexibility Act Certification

    The Regulatory Flexibility Act of 1980, as amended (RFA), requires 
that a regulatory flexibility analysis be prepared for notice-and-
comment rule

[[Page 33641]]

making proceedings, unless the agency certifies that ``the rule will 
not, if promulgated, have a significant economic impact on a 
substantial number of small entities.'' See 5 U.S.C. 601-612, the RFA 
has been amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996 (SBREFA), Public Law No. 104-121, title II, 110 Stat. 857 
(1996). The RFA generally defines the term ``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. See 5 U.S.C. 601(3) 
(incorporating by reference the definition of ``small-business 
concern'' in the Small Business Act, 15 U.S.C. 632). Pursuant to 5 
U.S.C. 601(3), the statutory definition of a small business applies 
``unless an agency, after consultation with the Office of Advocacy of 
the Small Business Administration and after opportunity for public 
comment, establishes one or more definitions of such term which are 
appropriate to the activities of the agency and publishes such 
definition(s) in the Federal Register.'' 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 U.S. Small Business Administration (SBA). 
See 15 U.S.C. 632. The SBA has developed a small business size standard 
for Satellite Telecommunications, which consists of all such companies 
having $12.5 million or less in annual revenue. See 13 CFR 121.201, 
NAICS code 517410.
    Pursuant to the RFA, the Commission incorporated an Initial 
Regulatory Flexibility Analysis (IRFA) into the Flexibility NPRM. 
(Flexibility Notice, 16 FCC Rcd at 15565-67, paragraphs 85-93.) We 
received no comments in response to the IRFA. For the reasons described 
below, we now certify that the policies and rules adopted in the 
present Flexibility Order will not have a significant economic impact 
on a substantial number of small entities.
    The Flexibility Order provides additional operational flexibility 
for MSS providers that operate in three sets of radio frequency bands: 
the 2 GHz MSS band, the L-band, and the Big LEO bands. The flexibility 
consists of permitting the MSS providers to integrate ancillary 
terrestrial components (ATC) into their networks. We find that 
providing this flexibility will have no significant economic impact on 
small entities because the MSS operators will not be required to make 
use of the additional capability. We believe that permitting the 
additional flexibility will enhance the ability of MSS operators to 
offer American consumers high quality, affordable mobile services on 
land, in the air, and over the oceans without using spectrum resources 
beyond the spectrum already allocated and authorized for MSS use in 
these bands. Operational flexibility will: (1) Increase efficient 
spectrum use through MSS network integration and terrestrial reuse; (2) 
reduce costs, eliminate inefficiencies, and enhance operational ability 
in MSS systems; (3) encourage technological innovation and the 
development of new wireless applications; and (4) strengthen 
competition in the telecommunications marketplace both in the United 
States and in other nations. We implement the Flexibility Order through 
the addition of a footnote to the U.S. Table of Frequency Allocations, 
found in Sec.  2.106 of our rules, 47 CFR 2.106.
    We also find that our action--which brings additional flexibility 
to existing MSS licensees--will not affect a substantial number of 
small entities. There are currently five 2 GHz MSS licensees, two Big 
LEO MSS licensees and three L-band MSS licensees authorized to provide 
service in the United States. Although at least one of the 2 GHz MSS 
system licensees and one of the Big LEO licensees are small businesses, 
small businesses often do not have the financial ability to become MSS 
system operators because of the high implementation costs associated 
with satellite systems and services. We expect that, by the time of MSS 
ATC system implementation, these current small businesses will no 
longer be considered small due to the capital requirements for 
launching and operating a proposed system.

Ordering Clauses

    It is ordered that, pursuant to sections 4(i), 7, 302, 303(c), 
303(e), 303(f) and 303(r) of the Communications Act of 1934, as 
amended, 47 U.S.C. sections 154(i), 157, 302, 303(c), 303(e), 303(f) 
and 303(r), this Report and Order is adopted and that part 25 of the 
Commission's rules is amended, as specified in the rule changes, 
effective August 4, 2003.
    It is further ordered that the petition for rulemaking filed by 
Iridium Satellite LLC is granted in part to the extent described above 
and is denied in all other respects.
    It is further ordered that the Regulatory Flexibility Analysis, as 
required by section 604 of the Regulatory Flexibility Act and as set 
forth in Appendix D of the Report and Order, is adopted.
    It is further ordered that the Regulatory Flexibility Analysis, as 
required by section 604 of the Regulatory Flexibility Act and as set 
forth in Appendix D of the Report and Order, is adopted.
    It is further ordered that the Commission's Consumer Information 
Bureau, Reference Information Center, shall send a copy of this Report 
and Order, including the Final Regulatory Flexibility Analysis, to the 
Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Parts 2 and 25

    Incorporation by reference, Radio, Satellites, Telecommunications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons set forth in the preamble, the Federal Communications 
Commission amends 47 CFR parts 2 and 25 as follows:

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

0
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.


0
2. Section 2.106 is amended by revising pages 43, 44, 45, 46, 48, 49, 
and 52 of the Table of Frequency Allocations and adding footnote US380 
to the list of United States (US) Footnotes, to read as follows:


Sec.  2.106  Table of Frequency Allocations.

BILLING CODE 6712-01-P

[[Page 33642]]

[GRAPHIC] [TIFF OMITTED] TR05JN03.007


[[Page 33643]]


[GRAPHIC] [TIFF OMITTED] TR05JN03.008


[[Page 33644]]


[GRAPHIC] [TIFF OMITTED] TR05JN03.009


[[Page 33645]]


[GRAPHIC] [TIFF OMITTED] TR05JN03.010


[[Page 33646]]


[GRAPHIC] [TIFF OMITTED] TR05JN03.011


[[Page 33647]]


[GRAPHIC] [TIFF OMITTED] TR05JN03.012


[[Page 33648]]


[GRAPHIC] [TIFF OMITTED] TR05JN03.013

BILLING CODE 6712-01-C

[[Page 33649]]

* * * * *

United States (US) Footnotes

* * * * *
    US380 In the bands 1525-1544 MHz, 1545-1559 MHz, 1610-1645.5 
MHz, 1646.5-1660.5 MHz, 2000-2020 MHz, 2180-2200 MHz, and 2483.5-
2500 MHz, a non-Federal Government licensee in the mobile-satellite 
service (MSS) may also operate an ancillary terrestrial component in 
conjunction with its MSS network, subject to the Commission's rules 
for ancillary terrestrial components and subject to all applicable 
conditions and provisions of its MSS authorization.
* * * * *

PART 25--SATELLITE COMMUNICATIONS

0
3. The authority citation for part 25 continues to read as follows:

    Authority: 47 U.S.C. 701-744. Interprets or applies sec. 303, 47 
U.S.C. 303. 47 U.S.C. sections 154, 301, 302, 303, 307, 309 and 332, 
unless otherwise noted.


0
4. Section 25.117 is amended by adding paragraph (f) to read as 
follows:


Sec.  25.117  Modification of station license.

* * * * *
    (f) An application for modification of a space station license to 
add an ancillary terrestrial component to an eligible satellite network 
will be treated as a request for a minor modification if the 
particulars of operations provided by the applicant comply with the 
criteria specified in Sec.  25.149.

0
5. Section 25.143 is amended by adding paragraphs (i), (j), and (k) to 
read as follows:


Sec.  25.143  Licensing provisions for the 1.6/2.4 GHz mobile-satellite 
service and the 2 GHz mobile-satellite service.

* * * * *
    (i) Incorporation of ancillary terrestrial component base stations 
into a 1.6/2.4 GHz mobile-satellite service network or a 2 GHz mobile-
satellite service network. Any licensee authorized to construct and 
launch a 1.6/2.4 GHz or a 2 GHz mobile-satellite system may construct 
ancillary terrestrial component (ATC) base stations as defined in Sec.  
25.201 at its own risk and subject to the conditions specified in this 
subpart any time after commencing construction of the mobile-satellite 
service system.
    (j) Pre-operational testing. An MSS ATC licensee may, without 
further authority from the Commission, conduct equipment tests for the 
purpose of making such adjustments and measurements as may be necessary 
to assure compliance with the terms of the technical provisions of its 
MSS license, its ATC authorization, the rules and regulations in this 
part and the applicable engineering standards. An MSS licensee may not 
offer ATC service to the public for compensation during pre-operational 
testing. In order to operate any ATC base stations, such a licensee 
must meet all the requirements set forth in Sec.  25.149 and must have 
been granted ATC authority through a modification of its space station 
license.
    (k) Aircraft. ATC mobile terminals must be operated in accordance 
with Sec.  25.136(a). All portable or hand-held transceiver units 
(including transceiver units installed in other devices that are 
themselves portable or hand-held) having operating capabilities in the 
2000-2020/2180-2200 MHz or 1610-1626.5 MHz/2483.5-2500 MHz bands shall 
bear the following statement in a conspicuous location on the device: 
``This device may not be operated while on board aircraft. It must be 
turned off at all times while on board aircraft.''

0
6. Section 25.146 is amended by revising the section heading and 
paragraphs (g), (h), and (i) to read as follows:


Sec.  25.146  Licensing provisions for the L-Band mobile-satellite 
service.

* * * * *
    (g) Incorporation of ancillary terrestrial component base station 
into an L-band Mobile-Satellite Service System. Any licensee authorized 
to construct and launch an L-band mobile-satellite system may construct 
ancillary terrestrial component (ATC) base stations as defined in Sec.  
25.201 at its own risk and subject to the conditions specified in this 
subpart any time after commencing construction of the mobile-satellite 
service system.
    (h) Pre-operational testing. An MSS ATC licensee may, without 
further authority from the Commission, conduct equipment tests for the 
purpose of making such adjustments and measurements as may be necessary 
to assure compliance with the terms of the technical provisions of its 
MSS license, its ATC authorization, the rules and regulations in this 
part and the applicable engineering standards. An MSS licensee may not 
offer ATC service to the public for compensation during pre-operational 
testing. In order to operate any ATC base stations, such a licensee 
must meet all the requirements set forth in Sec.  25.147 and must have 
been granted ATC authority through a modification of its space station 
license.
    (i) Aircraft. All portable or hand-held transceiver units 
(including transceiver units installed in other devices that are 
themselves portable or hand-held) having operating capabilities in the 
1626.5-1660.5 MHz and 1525-1559 MHz bands shall bear the following 
statement in a conspicuous location on the device: ``This device may 
not be operated while on board aircraft. It must be turned off at all 
times while on board aircraft.''
* * * * *


0
7. Section 25.149 is added to read as follows:


Sec.  25.149  Application requirements for ancillary terrestrial 
components in the mobile-satellite service networks operating in the 
1.5./1.6 GHz, 1.6/2.4 GHz and 2 GHz mobile-satellite service.

    (a) Applicants for ancillary terrestrial component authority shall 
demonstrate compliance with the following through certification or 
explanatory technical exhibit, as appropriate:
    (1) ATC shall be deployed in the forward-band mode of operation 
whereby the ATC mobile terminals transmit in the MSS uplink bands and 
the ATC base stations transmit in the MSS downlink bands in portions of 
the 2000-2020 MHz/2180-2200 MHz bands (2 GHz band), the 1626.5-1660.5 
MHz/1525-1559 MHz bands (L-band), and the 1610-1626.5 MHz/2483.5-2500 
MHz bands (Big LEO band).
    (2)ATC operations shall be limited to certain frequencies:
    (i) In the 2000-2020 MHz/2180-2200 MHz bands (2 GHz MSS band), ATC 
operations are limited to the selected assignment of the 2 GHz MSS 
licensee that seeks ATC authority.
    (ii) In the 1626.5-1660.5 MHz/1525-1559 MHz bands (L-band), ATC 
operations are limited to the frequency assignments authorized and 
internationally coordinated for the MSS system of the MSS licensee that 
seeks ATC authority.
    (iii) In the 1610-1626.5 MHz/2483.5-2500 MHz bands (Big LEO band), 
ATC operations are limited to the 1610-1615.5 MHz, 1621.35-1626.5 MHz, 
and 2492.5-2498.0 MHz bands and to the specific frequencies authorized 
for use by the MSS licensee that seeks ATC authority.
    (3) ATC operations shall not exceed the geographical coverage area 
of the mobile-satellite service network of the applicant for ATC 
authority.
    (4) ATC base stations shall comply with all applicable antenna and 
structural clearance requirements established in part 17 of the 
Commission's rules.
    (5) ATC base stations and mobile terminals shall comply with part 1 
of the Commission's rules, Subpart I--Procedures Implementing the 
National Environmental Policy Act of 1969, including the guidelines for 
human exposure to radio frequency

[[Page 33650]]

electromagnetic fields as defined in Sec. Sec.  1.1307(b) and 1.1310 of 
this chapter for PCS networks.
    (6) ATC base station operations shall use less than all available 
MSS frequencies when using all available frequencies for ATC base 
station operations would exclude otherwise available signals from MSS 
space-stations.
    (b) Applicants for an ancillary terrestrial component shall 
demonstrate compliance with the following criteria through 
certification:
    (1) Geographic and temporal coverage. (i) For the 2 GHz MSS band, 
an applicant must demonstrate that it can provide space-segment service 
covering all 50 states, Puerto Rico, and the U.S. Virgin Islands one-
hundred percent of the time, consistent with the coverage requirements 
for 2 GHz MSS GSO operators.
    (ii) For the L-band, an applicant must demonstrate that it can 
provide space-segment service covering all 50 states, Puerto Rico, and 
the U.S. Virgin Islands one-hundred percent of the time, unless it is 
not technically possible for the MSS operator to meet the coverage 
criteria from its orbital position.
    (iii) For the Big LEO band, an applicant must demonstrate that it 
can provide space-segment service: to all locations as far north as 
70[deg] North latitude and as far south as 55[deg] South latitude for 
at least seventy-five percent of every 24-hour period, i.e., that at 
least one satellite will be visible above the horizon at an elevation 
angle of at least 5[deg] for at least 18 hours each day; and on a 
continuous basis throughout the fifty states, Puerto Rico and the U.S. 
Virgin Islands, i.e., that at least one satellite will be visible above 
the horizon at an elevation angle of at least 5[deg] at all times.
    (2) Replacement satellites. (i) Operational NGSO MSS ATC systems 
shall maintain an in-orbit spare satellite.
    (ii) Operational GSO MSS ATC systems shall maintain a spare 
satellite on the ground within one year of commencing operations and 
launch it into orbit during the next commercially reasonable launch 
window following a satellite failure.
    (iii) All MSS ATC licensees must report any satellite failures, 
malfunctions or outages that may require satellite replacement within 
ten days of their occurrence.
    (3) Commercial availability. Mobile-satellite service must be 
commercially available (viz., offering services for a fee) in 
accordance with the coverage requirements that pertain to each band as 
a prerequisite to an MSS licensee's offering ATC service.
    (4) Integrated services. MSS ATC licensees shall offer an 
integrated service of MSS and MSS ATC. Applicants for MSS ATC may 
establish an integrated service offering by affirmatively demonstrating 
that:
    (i) The MSS ATC operator will use a dual-mode handset that can 
communicate with both the MSS network and the MSS ATC component to 
provide the proposed ATC service; or
    (ii) Other evidence establishing that the MSS ATC operator will 
provide an integrated service offering to the public.
    (5) In-band operation. (i) In the 2 GHz MSS band, MSS ATC is 
limited to an MSS licensee's selected assignment. MSS ATC operations on 
frequencies beyond the MSS licensee's selected assignment are 
prohibited.
    (ii) In the Big LEO band, MSS ATC is limited to no more than 5.5 
MHz of spectrum in each direction of operation. Licensees in these 
bands may implement ATC only on those channels on which MSS is 
authorized, consistent with the Big LEO band-sharing arrangement.
    (iii) In the L-band, MSS ATC is limited to those frequency 
assignments available for MSS use in accordance with the Mexico City 
Memorandum of Understanding, its successor agreements or the result of 
other organized efforts of international coordination.
    (c) Equipment certification. (1) Each ATC MET utilized for 
operation under this part and each transmitter marketed, as set forth 
in Sec.  2.803 of this chapter, must be of a type that has been 
authorized by the Commission under its certification procedure for use 
under this part.
    (2) Any manufacturer of radio transmitting equipment to be used in 
these services may request equipment authorization following the 
procedures set forth in subpart J of part 2 of this chapter. Equipment 
authorization for an individual transmitter may be requested by an 
applicant for a station authorization by following the procedures set 
forth in part 2 of this chapter.
    (3) Licensees and manufacturers are subject to the radiofrequency 
radiation exposure requirements specified in Sec. Sec.  1.1307(b), 
2.1091 and 2.1093 of this chapter, as appropriate. MSS ATC base 
stations must comply with the requirements specified in Sec.  1.1307(b) 
of this chapter for PCS base stations. MSS ATC mobile terminals must 
comply with the requirements specified for mobile and portable PCS 
transmitting devices in Sec.  1.1307(b) of this chapter. MSS ATC mobile 
terminals must also comply with the requirements in Sec. Sec.  2.1091 
and 2.1093 of this chapter for Satellite Communications Services 
devices. Applications for equipment authorization of mobile or portable 
devices operating under this section must contain a statement 
confirming compliance with these requirements for both fundamental 
emissions and unwanted emissions. Technical information showing the 
basis for this statement must be submitted to the Commission upon 
request.
    (d) Applicants for an ancillary terrestrial component authority 
shall demonstrate compliance with the provisions of Sec. Sec.  1.924 of 
this chapter and 25.203(e) through (g) and with Sec. Sec.  25.252, 
25.253, or 25.254, as appropriate, through certification or explanatory 
technical exhibit.
    (e) Upon receipt of ATC authority, all ATC licensees must ensure 
continued compliance with this section and Sec. Sec.  25.252, 25.253, 
or 25.254, as appropriate.

0
8. Section 25.201 is amended by adding the following definitions in 
alphabetical order to read as follows:


Sec.  25.201  Definitions.

* * * * *
    Ancillary terrestrial component. The term ``ancillary terrestrial 
component'' means a terrestrial communications network used in 
conjunction with a qualifying satellite network system authorized 
pursuant to these rules and the conditions established in the Report 
and Order issued in IB Docket 01-185, Flexibility for Delivery of 
Communications by Mobile Satellite Service Providers in the 2 GHz Band, 
the L-Band, and the 1.6/2.4 GHz Band.
    Ancillary terrestrial component base station. The term ``ancillary 
terrestrial component base station'' means a terrestrial fixed facility 
used to transmit communications to or receive communications from one 
or more ancillary terrestrial component mobile terminals.
    Ancillary terrestrial component mobile terminal. The term 
``ancillary terrestrial component mobile terminal'' means a terrestrial 
mobile facility used to transmit communications to or receive 
communications from an ancillary terrestrial component base station or 
a space station.
* * * * *
    Selected assignment. The term ``selected assignment'' means a 
spectrum assignment voluntarily identified by a 2 GHz MSS licensee at 
the time that the licensee's first 2 GHz mobile-satellite service 
satellite reaches its intended orbit, or other mobile-satellite service 
spectrum in which the Commission permits a 2 GHz mobile-

[[Page 33651]]

satellite service licensee to conduct mobile-satellite service 
operations with authority superior to that of other in-band, mobile-
satellite service licensees.
* * * * *
    Structural attenuation. The term ``structural attenuation'' means 
the signal attenuation caused by transmitting to and from mobile 
terminals which are located in buildings or other man-made structures 
that attenuate the transmission of radiofrequency radiation.
* * * * *

0
9. Section 25.252 is added to read as follows:


Sec.  25.252  Special requirements for ancillary terrestrial components 
operating in the 2000-2020 MHz/2180-2200 MHz bands.

    (a) Applicants for an ancillary terrestrial component in these 
bands must demonstrate that ATC base stations shall not:
    (1) Exceed an EIRP of -100.6 dBW/4 kHz for out-of-channel emissions 
at the edge of the MSS licensee's selected assignment.
    (2) Exceed a peak EIRP of 27 dBW in 1.23 MHz.
    (3) Exceed an EIRP toward the physical horizon (not to include man-
made structures) of 25.5 dBW in 1.23 MHz.
    (4) Be located less than 190 meters from all airport runways and 
aircraft stand areas, including takeoff and landing paths.
    (5) Exceed an aggregate power flux density of -51.8 dBW/m\2\ in a 
1.23 MHz bandwidth at all airport runways and aircraft stand areas, 
including takeoff and landing paths and all ATC base station antennas 
shall have an overhead gain suppression according to the following.
    (6) Be located less than 820 meters from a U.S. Earth Station 
facility operating in the 2200-2290 MHz band. In its MSS ATC 
application, the MSS licensee should request a list of operational 
stations in the 2200-2290 MHz band.
    (7) Exceed an EIRP in the 1559-1610 MHz band of -70 dBW/MHz for 
wideband emissions and -80 dBW in the 1559-1605 MHz band for narrow-
band emissions (discrete emissions of less than 700 Hz bandwidth). The 
wideband EIRP level is to be measured using a root mean square (RMS) 
detector function with a resolution bandwidth of 1 MHz or equivalent 
and the video bandwidth is not less than the resolution bandwidth. The 
narrowband EIRP level is to be measured using an RMS detector function 
with a resolution bandwidth of 1 kHz or equivalent. The measurements 
are to be made over a 20 millisecond averaging period when the base 
station is transmitting.
    (8) Use ATC base station antennas that have a gain greater than 17 
dBi and must have an overhead gain suppression according to the 
following:

------------------------------------------------------------------------
  Angle from direction of maximum
   gain, in vertical plane, above    Antenna discrimination pattern (dB)
         antenna (degrees)
------------------------------------------------------------------------
0..................................  Gmax
2..................................  Not to Exceed Gmax -14
8 to 180...........................  Not to Exceed Gmax -25
------------------------------------------------------------------------
Where: Gmax is the maximum gain of the base station antenna in dBi.

    (b) Applicants for an ancillary terrestrial component in these 
bands must demonstrate that ATC mobile terminals shall:
    (1) Observe a peak EIRP limit of 1.0 dBW in 1.23 MHz.
    (2) Limit out-of-channel emissions at the edge of a MSS licensee's 
selected assignment to an EIRP density of -67 dBW/4 kHz.
    (3) Not exceed an EIRP in the 1559-1610 MHz band of -70 dBW/MHz for 
wideband emissions and -80 dBW in the 1559-1605 MHz band for narrow-
band emissions (discrete emissions of less than 700 Hz bandwidth). The 
wideband EIRP level is to be measured using a root mean square (RMS) 
detector function with a resolution bandwidth of 1 MHz or equivalent 
and the video bandwidth is not less than the resolution bandwidth. The 
narrowband EIRP level is to be measured using an RMS detector function 
with a resolution bandwidth of 1 kHz or equivalent. The measurements 
are to be made over a 20 millisecond averaging period when the mobile 
terminal is transmitting.
    (c) For ATC operations in the 2000-2020 MHz band, the power of any 
emission outside the licensee's frequency band(s) of operation shall be 
attenuated below the transmitter power (P) within the licensed band(s) 
of operation, measured in watts, in accordance with the following:
    (1) On any frequency within the 2000 to 2020 MHz band outside the 
licensee's frequency band(s) of operations, emissions shall be 
attenuated by at least 43 + 10 log (P) dB.
    (2) Emissions on frequencies lower than 1995 MHz and higher than 
2025 MHz shall be attenuated by at least 70 + 10 log P. Emissions in 
the bands 1995-2000 MHz and 2020-2025 MHz shall be attenuated by at 
least a value as determined by linear interpolation from 70 + 10 log P 
at 1995 MHz or 2025 MHz, to 43 + 10 log P dB at the nearest MSS band 
edge at 2000 MHz or 2020 MHz respectively.
    (3) When an emission outside of the authorized bandwidth causes 
harmful interference, the Commission may, in its discretion, require 
greater attenuation than specified in paragraphs (c)(1) and (2) of this 
section.
    (4) Compliance with these provisions is based on the use of 
measurement instrumentation employing a resolution bandwidth of 1 
megahertz or greater.

    Note to Sec.  25.252: The preceding rules of Sec.  25.252 are 
based on cdma2000 system architecture. To the extent that a 2 GHz 
MSS licensee is able to demonstrate that the use of a different 
system architecture would produce no greater potential interference 
than that produced as a result of implementing the rules of this 
section, an MSS licensee is permitted to apply for ATC authorization 
based on another system architecture.



0
10. Section 25.253 is added to read as follows:


Sec.  25.253  Special requirements for ancillary terrestrial components 
operating in the 1626.5-1660.5 MHz/1525-1559 MHz bands.

    (a) An applicant for an ancillary terrestrial component in these 
bands shall:
    (1) Implement the maximum available power control for all ATC base 
stations and mobile terminals under GSM 800 or GSM 1800 standard 
(dynamic range of 30 dB in steps of 2 dB).
    (2) Implement a variable rate vocoder in the ATC mobile terminal 
such that the duty cycle of the mobile terminal is reduced when the 
EIRP of the mobile terminals requested by the power control system is 
increased above a nominal-7.4 dBW. The duty cycle will be reduced by 
refraining from transmitting on consecutive time slots. The duty cycle 
of the mobile terminal, as measured over a 0.25 second period, shall 
comply with the following schedule:

[[Page 33652]]



------------------------------------------------------------------------
                                                                Mobile
                                                               terminal
              Nominal mobile terminal peak EIRP                transmit
                                                              duty cycle
                                                               (percent)
------------------------------------------------------------------------
Equal to or less than -7.4 dBW..............................       100
Greater than -7.4 dBW.......................................        50
Greater than -4.4 dBW.......................................        25
Greater than -1.4 dBW.......................................        20
Greater than -0.4 dBW.......................................        18.2
------------------------------------------------------------------------

    (3) Implement the provisions of paragraph (a)(2) of this section in 
a manner that precludes other ATC mobile terminals from using the open 
time slots.
    (4) Demonstrate, at the time of application, how the ATC network 
will comply with the requirements of paragraphs (a) and (b)(1) through 
(b)(3) of this section.
    (5) Demonstrate, at the time of application, how its ATC network 
will comply with the requirements of footnotes US308 and US315 to the 
table of frequency allocations contained in Sec.  2.106 of this chapter 
regarding priority and preemptive access to the L-band MSS spectrum by 
the aeronautical mobile-satellite en-route service (AMS(R)S) and the 
global maritime distress and safety system (GMDSS).
    (6) Demonstrate how its ATC network base stations and mobile 
terminals will comply with the Global Mobile Personal Communications by 
Satellite (GMPCS) system requirements to protect the radionavigation 
satellite services (RNSS) operations in the allocation above 1559 MHz.
    (7) Coordinate with the terrestrial CMRS operators prior to 
initiating ATC transmissions when co-locating ATC base stations with 
terrestrial commercial mobile radio service (CMRS) base stations that 
make use of Global Positioning System (GPS) time-based receivers.
    (8) Demonstrate that the cellular structure of the ATC network 
design includes 18 dB of link margin allocated to structural 
attenuation. If less structural attenuation is used, the maximum number 
of base stations permitted under paragraph (c) of this section must be 
reduced or a showing must be made that there would be no increase in 
interference to other MSS operators and that the applicant's satellite 
would continue to meet the other requirements of this section.
    (b) ATC base stations shall not exceed an out-of-channel emissions 
measurement of -57.9 dBW/MHz at the edge of a MSS licensee's authorized 
and internationally coordinated MSS frequency assignment.
    (c) The maximum number of base stations operating in the U.S. on 
any one 200 kHz channel shall not exceed 1725. During the first 18 
months following activation for testing of the first ATC base station, 
the L-band ATC operator shall not implement more than 863 base stations 
on the same 200 kHz channel. L-band ATC operators shall notify the 
Commission of the date of the activation for testing of the first ATC 
base station and shall maintain a record of the total number of ATC 
base stations operating in the U.S. on any given 200 kHz of spectrum. 
Upon request by the Commission, L-band ATC operators shall provide this 
information to resolve any claim it receives from an L-band MSS 
operator that ATC operations are causing interference to its MSS 
system.
    (d) Applicants for an ancillary terrestrial component in these 
bands must demonstrate that ATC base stations shall not:
    (1) Exceed peak EIRP of 19.1 dBW, in 200 kHz, per carrier with no 
more than three carriers per sector;
    (2) Exceed an EIRP toward the physical horizon (not to include man-
made structures) of 14.1 dBW per carrier in 200 kHz;
    (3) Locate any ATC base station less than 470 meters from all 
airport runways and aircraft stand areas, including takeoff and landing 
paths;
    (4) Exceed an aggregate power flux density level of -73.0 dBW/
m2/200 kHz at the edge of all airport runways and aircraft 
stand areas, including takeoff and landing paths;
    (5) Locate any ATC base station less than 1.5 km from the 
boundaries of all navigable waterways or the ATC base stations shall 
not exceed a power flux density level of -64.6 dBW/m2/200 
kHz at the water's edge of any navigable waterway;
    (6) Exceed a peak antenna gain of 16 dBi;
    (7) Exceed an EIRP in the 1559-1605 MHz band of -70 dBW/MHz for 
wideband emissions and -80 dBW for narrowband emissions (discrete 
emissions of less than 700 Hz bandwidth). The ATC station shall not 
exceed an EIRP in the 1605-1610 MHz frequency range that is determined 
by the linear interpolation from -70 dBW/MHz at 1605 MHz to -10 dBW/MHz 
at 1610 MHz for wideband emissions. The wideband EIRP level is to be 
measured using a root mean square (RMS) detector function with a 
resolution bandwidth of 1 MHz or equivalent and the video bandwidth is 
not less than the resolution bandwidth. The narrowband EIRP level is to 
be measured using an RMS detector function with a resolution bandwidth 
of 1 kHz or equivalent. The measurements are to be made over a 20 
millisecond averaging period when the base station is transmitting.
    (e) Applicants for an ancillary terrestrial component in these 
bands must demonstrate, at the time of the application, that ATC base 
stations shall use left-hand-circular polarization antennas with a 
maximum gain of 16 dBi and overhead gain suppression according to the 
following:

------------------------------------------------------------------------
  Angle from direction of maximum
   gain, in vertical plane, above    Antenna discrimination pattern (dB)
         antenna (degrees)
------------------------------------------------------------------------
0..................................  Gmax
5..................................  Not to Exceed Gmax -5
10.................................  Not to Exceed Gmax -19
15 to 30...........................  Not fo Exceed Gmax -27
30 to 55...........................  Not to Exceed Gmax -35
55 to 145..........................  Not to Exceed Gmax -40
145 to 180.........................  Not to Exceed Gmax -26
------------------------------------------------------------------------
Where: Gmax is the maximum gain of the base station antenna in dBi.

    (f) Prior to operation, ancillary terrestrial component licensees 
shall:
    (1) Provide the Commission with sufficient information to complete 
coordination of ATC base stations with Search-and-Rescue Satellite-
Aided Tracking (SARSAT) earth stations operating in the 1544-1545 MHz 
band for any ATC base station located either within 27 km of a SARSAT 
station, or within radio horizon of the SARSAT station, whichever is 
less.
    (2) Take all practicable steps to avoid locating ATC base stations 
within radio line of sight of MAT receive sites in order to protect 
U.S. MAT systems consistent with ITU-R Recommendation ITU-R M.1459. MSS 
ATC base stations

[[Page 33653]]

located within radio line of sight of a MAT receiver must be 
coordinated with the Aerospace and Flight Test Radio Coordinating 
Council (AFTRCC) for non-Government MAT receivers on a case-by-case 
basis prior to operation. For government MAT receivers, the MSS 
licensee shall supply sufficient information to the Commission to allow 
coordination to take place. A listing of current and planned MAT 
receiver sites can be obtained from AFTRCC for non-Government sites and 
through the FCC's IRAC Liaison for Government MAT receiver sites.
    (g) Applicants for an ancillary terrestrial component in these 
bands must demonstrate that ATC mobile terminals shall:
    (1) Be limited to a peak EIRP level of 0 dBW and an out-of-channel 
emissions of -67dBW/4 kHz at the edge of an MSS licensee's authorized 
and internationally coordinated MSS frequency assignment.
    (2) Take all practicable steps to avoid ATC mobile terminals from 
causing interference to U.S. radio astronomy service (RAS) observations 
in the 1660-1660.5 MHz band.
    (3) Not exceed an EIRP in the 1559-1605 MHz band of -70 dBW/MHz for 
wideband emissions and -80 dBW for narrowband emissions (discrete 
emissions of less than 700 Hz bandwidth). The ATC station shall not 
exceed an EIRP in the 1605-1610 MHz frequency range that is determined 
by the linear interpolation from -70 dBW/MHz at 1605 MHz to -10 dBW/MHz 
at 1610 MHz for wideband emissions. The wideband EIRP level is to be 
measured using a root mean square (RMS) detector function with a 
resolution bandwidth of 1 MHz or equivalent and the video bandwidth is 
not less than the resolution bandwidth. The narrowband EIRP level is to 
be measured using an RMS detector function with a resolution bandwidth 
of 1 kHz or equivalent. The measurements are to be made over a 20 
millisecond averaging period when the mobile terminal is transmitting.

    Note to Sec.  25.253: The preceding rules of Sec.  25.253 are 
based on GSM/TDMA 800 or GSM 1800 system architecture. To the extent 
that an L-band MSS licensee is able to demonstrate that the use of a 
different system architecture would produce no greater potential 
interference than that produced as a result of implementing the 
rules of this section, an MSS licensee is permitted to apply for ATC 
authorization based on another system architecture.



0
11. Section 25.254 is added to read as follows:


Sec.  25.254  Special requirements for ancillary terrestrial components 
operating in the 1610-1626.5 MHz/2483.5-2500 MHz bands.

    (a) An applicant for an ancillary terrestrial component in these 
bands must demonstrate that ATC base stations shall:
    (1) Not exceed a peak EIRP of 32 dBW in 1.25 MHz;
    (2) Not cause unacceptable interference to systems identified in 
paragraph (c) of this section and, in any case, shall not exceed out-
of-channel emissions of -44.1 dBW/30 kHz at the edge of the MSS 
licensee's authorized frequency assignment;
    (3)At the time of application, that it has taken, or will take 
steps necessary to avoid causing interference to other services sharing 
the use of the 2450-2500 MHz band through frequency coordination; and
    (4)Not exceed an EIRP in the 1559-1605 MHz band of -70 dBW/MHz for 
wideband emissions and -80 dBW for narrowband emissions (discrete 
emissions of less than 700 Hz bandwidth). The ATC station shall not 
exceed an EIRP in the 1605-1610 MHz frequency range that is determined 
by the linear interpolation from -70 dBW/MHz at 1605 MHz to -10 dBW/MHz 
at 1610 MHz for wideband emissions. The wideband EIRP level is to be 
measured using a root mean square (RMS) detector function with a 
resolution bandwidth of 1 MHz or equivalent and the video bandwidth is 
not less than the resolution bandwidth. The narrowband EIRP level is to 
be measured using an RMS detector function with a resolution bandwidth 
of 1 kHz or equivalent. The measurements are to be made over a 20 
millisecond averaging period when the base station is transmitting.
    (b) An applicant for an ancillary terrestrial component in these 
bands must demonstrate that mobile terminals shall:
    (1) Meet the requirements contained in Sec.  25.213 to protect 
radio astronomy service (RAS) observations in the 1610.6-1613.8 MHz 
band from unacceptable interference;
    (2) Observe a peak EIRP limit of 1.0 dBW in 1.25 MHz;
    (3) Observe an out-of-channel EIRP limit of -57.1 dBW/30 kHz at the 
edge of the licensed MSS frequency assignment.
    (4) Not exceed an EIRP in the 1559-1605 MHz band of -70 dBW/MHz for 
wideband emissions and -80 dBW for narrowband emissions (discrete 
emissions of less than 700 Hz bandwidth). The ATC station shall not 
exceed an EIRP in the 1605-1610 MHz frequency range that is determined 
by the linear interpolation from -70 dBW/MHz at 1605 MHz to -10 dBW/MHz 
at 1610 MHz for wideband emissions. The wideband EIRP level is to be 
measured using a root mean square (RMS) detector function with a 
resolution bandwidth of 1 MHz or equivalent and the video bandwidth is 
not less than the resolution bandwidth. The narrowband EIRP level is to 
be measured using an RMS detector function with a resolution bandwidth 
of 1 kHz or equivalent. The measurements are to be made over a 20 
millisecond averaging period when the mobile terminal is transmitting.
    (c) Applicants for an ancillary terrestrial component to be used in 
conjunction with a mobile-satellite service system using CDMA 
technology shall coordinate the use of the Big LEO MSS spectrum 
designated for CDMA systems using the framework established by the ITU 
in Recommendation ITU-R M.1186 ``Technical Considerations for the 
Coordination Between Mobile Satellite Service (MSS) Networks Utilizing 
Code Division Multiple Access (CDMA) and Other Spread Spectrum 
Techniques in the 1-3 GHz Band'' (1995). Recommendation ITU-R M.1186 is 
incorporated by reference. The Director of the Federal Register 
approves this incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Copies of this standard can be inspected at 
the Federal Communications Commission, 445 12th Street, SW., 
Washington, DC (Reference Information Center) or at the Office of the 
Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, 
DC. The ITU-R Recommendations can also be purchased from the 
International Telecommunication Union (ITU), Place des Nations, CH-1211 
Geneva 20, Switzerland.

    Note to Sec.  25.254: The preceding rules of Sec.  25.254 are 
based on cdma2000 and IS-95 system architecture. To the extent that 
a Big LEO MSS licensee is able to demonstrate that the use of 
different system architectures would produce no greater potential 
interference than that produced as a result of implementing the 
rules of this section, an MSS licensee is permitted to apply for ATC 
authorization based on another system architecture.



0
12. Section 25.255 is added to read as follows:


Sec.  25.255  Procedures for resolving harmful interference related to 
operation of ancillary terrestrial components operating in the 1.5./1.6 
GHz, 1.6/2.4 GHz and 2 GHz bands.

    If harmful interference is caused to other services by ancillary 
MSS ATC operations, either from ATC base stations or mobile terminals, 
the MSS ATC operator must resolve any such

[[Page 33654]]

interference. If the MSS ATC operator claims to have resolved the 
interference and other operators claim that interference has not been 
resolved, then the parties to the dispute may petition the Commission 
for a resolution of their claims.

[FR Doc. 03-14081 Filed 6-4-03; 8:45 am]
BILLING CODE 6712-01-P