[Federal Register Volume 68, Number 110 (Monday, June 9, 2003)]
[Rules and Regulations]
[Pages 34336-34339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14396]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 25, 74 and 78

[ET Docket No. 98-206; FCC 03-25]


Fixed Satellite and Terrestrial Systems in the Ku-Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document addresses the Petitions for Reconsideration from 
Skybridge L.L.C. (``Skybridge''); and Hughes Communications, Inc., 
Hughes Communications Galaxy, Inc. and Hughes Network Systems, a 
division of Hughes Electronics Corporation (``Hughes'') filed in 
response to the First Report and Order and Further Notice of Proposed 
Rule Making (``First R&O''). The proceeding addresses a request by 
Skybridge to allow non-geostationary orbit (``NGSO'') fixed satellite 
services (``FSS'') to share various frequencies in the Ku-Band with 
existing geostationary orbit (``GSO'') satellite services and 
terrestrial services. Our action herein addresses aspects of the 
Skybridge Reconsideration Petition relating to NGSO FSS sharing with 
terrestrial services and Federal Government operations, as well as the 
Hughes Reconsideration Petition relating to our radio frequency 
(``RF'') safety rules requiring warning labels and recommending 
professional installation for NGSO FSS subscriber antennas.

DATES: Effective August 8, 2003.

FOR FURTHER INFORMATION CONTACT: James Miller, Office of Engineering 
and Technology, (202) 418-7351, or Ted Ryder, Office of Engineering and 
Technology, (202) 418-2803.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Memorandum Opinion and Order, ET Docket No. 98-206, FCC 03-25, adopted 
February 3, 2003, and released February 11, 2003. The full text of this 
Commission decision is available on the Commission's Internet site at 
http://www.fcc.gov. It is available for inspection and copying during 
normal business hours in the FCC Reference Information Center, Room CY-
A257, 445 12th Street, SW., Washington, DC 20554. The complete text of 
this document also may be purchased from the Commission's copy 
contractor, Qualex International, 445 12th Street, SW., Room, CY-B402, 
Washington, DC 20554. The full text may also be downloaded at: http://www.fcc.gov. Alternative formats are available to persons with 
disabilities by contacting Brian Millin at (202) 418-7426 or TTY (202) 
418-7365.

Summary of the Second Memorandum Opinion and Order

    1. In the Second Memorandum Opinion and Order, the Commission 
granted Skybridge's request and amended our rules to allow, under 
certain conditions, NGSO FSS Earth-to-space (``uplink'') operations in 
the 13.15-13.2125 GHz portion of the 12.75-13.25 GHz band. In making 
the change the Commission concludes that NGSO FSS can implement 
measures to protect incumbent broadcast auxiliary service (``BAS'') and 
cable television relay service (``CARS'') mobile pickup operations from 
harmful interference.
    2. The Commission grants Skybridge's request and states that power 
flux density (``PFD'') limits for NGSO FSS in the 10.7-11.7 GHz band 
are sufficient to protect services in the band without the need for 
individual coordination. This ensures incumbent services are protected 
against harmful interference without creating an unnecessary burden on 
NGSO FSS licensees.
    3. The Commission granted Skybridge's request and amended the rules 
to clarify the definition of NGSO FSS earth station gateways to limit 
use only for NGSO FSS backbone support.
    4. The Commission granted Skybridge's request and adopted the 
Telecommunications Union's (``ITU'') effective isotropically radiated 
power (``EIRP'') limit on federal radiolocation operations in the 
13.75-14.0 GHz band, and permits NGSO FSS operations to claim 
protection from these radiolocation operations.
    5. The Commission denied Skybridge's request, maintains the EIRP 
density limit to protect against interference to the National 
Aeronautics and Space Administration (``NASA'') tracking data and relay 
satellite system (``TDRSS'') operations across the 10 megahertz of the 
13.77-13.78 GHz band, and denies the request to restrict this 
protection to only 6 megahertz.
    6. The Commission denied Skybridge's request to require NGSO FSS 
licensees and radio astronomy service (``RAS'') entities to use the

[[Page 34337]]

protection levels and calculation methods in the ITU's Article 29. The 
Commission maintained the requirement in footnote US355 that NGSO FSS 
licensees in the 10.7-11.7 GHz band coordinate with RAS entities to 
reach ``mutually acceptable agreements.'' This flexible approach will 
allow the use of Article 29 procedures or any other procedure deemed 
appropriate by the interested parties.
    7. The Commission denied Hughes's Petition to revisit language in 
the First Report and Order, 16 FCC Rcd 4096, December 8, 2000, 66 FR 
7607, January 24, 2001, recommending professional installation of two-
way NGSO FSS antennas. The Commission continues to find that the 
language is neither overly broad nor unnecessary, and is harmonious 
with the language of other NGSO FSS decisions.

Final Regulatory Flexibility Analysis

    8. The Regulatory Flexibility Act (RFA) \1\ requires an agency to 
describe any significant alternatives that it has considered in 
developing its approach, which may include the following four 
alternatives (among others): ``(1) The establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance and 
reporting requirements under the rule for such small entities; (3) the 
use of performance rather than design standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for such small 
entities.
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601., has been 
amended by the Contract With America Advancement Act of 1996, Public 
Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is 
the Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA).
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    9. The Commission has adopted technical rules to facilitate 
spectrum sharing between new NGSO FSS systems in the Ku band and 
existing services in this spectrum. Wherein we grant in part 
Skybridge's requests for reconsideration, we modify these rules to 
further these goals. We acknowledge that as the radio spectrum is 
increasingly used, it becomes more difficult to accommodate all 
requests for access to the radio spectrum, however, this action applies 
existing frequency coordination procedures to NGSO FSS systems sharing 
spectrum with fixed services. However, frequency coordination should 
ensure that new operations of either service will protect existing 
operations and have access to spectrum if it is technically possible.
    10. In considering the Skybridge's request for NGSO FSS access to 
the 13.15-13.2125 GHz band, the Commission considered the impact on 
terrestrial operations granting such a request might have. Further, the 
Commission adopted rules that carefully weigh the complexity of sharing 
with mobile BAS/CARS operations could impose against the need for 
minimal measures to accommodate sharing in bands increasingly congested 
by co-primary satellite and terrestrial use.
    11. Regarding sharing between NGSO FSS systems and broadcast 
auxiliary (``BAS'') operations, the Report and Order stated that the 
Commission will adopt some form of geographic protection areas for 
terrestrial operations in those bands used by NGSO FSS gateway earth 
stations. These protection areas will be further defined in a future 
proceeding, but are intended to facilitate the growth of terrestrial 
operations, while not unnecessarily hindering the deployment of NGSO 
FSS systems. Further, to ensure BAS operations in all areas can 
continue to operate unencumbered by new NGSO FSS systems, this Second 
Memorandum Opinion and Order reinforces efforts to minimize impacts on 
BAS/CARS entities by retaining the four channels at 13.15-13.2125 GHz 
for exclusive co-primary BAS/CARS use in 50 km areas around major TV 
markets and by requiring NGSO FSS operations observe power limits to 
ensure continued operations outside those select areas.

List of Subjects

47 CFR Part 2

    Radio, Television.

47 CFR Part 25

    Satellites.

47 CFR Part 74

    Television.

47 CFR Part 78

    Cable television.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 2, 25, 74, and 78 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. Amend Sec.  2.106, the Table of Frequency Allocations as follows:
0
a. In the list of Non-Government (NG) footnotes, footnote NG53 is 
revised.
0
b. In the list of United States (US) footnotes, footnote US356 is 
revised.
    The revisions read as follows:


Sec.  2.106  Table of Frequency Allocations.

United States (US) Footnotes

* * * * *
    US356 In the band 13.75-14 GHz, an earth station in the fixed-
satellite service shall have a minimum antenna diameter of 4.5 m and 
the e.i.r.p. of any emission should be at least 68 dBW and should 
not exceed 85 dBW. In addition the e.i.r.p., averaged over one 
second, radiated by a station in the radiolocation service shall not 
exceed 59 dBW. Receiving space stations in the fixed-satellite 
service shall not claim protection from radiolocation transmitting 
stations operating in accordance with the United States Table of 
Frequency Allocations. ITU Radio Regulation No. 5.43A does not 
apply.
* * * * *

Non-Federal Government (NG) Footnotes

* * * * *
    NG53 The band 13.15-13.20 GHz is reserved for television pickup 
and CARS pickup stations inside a 50 km radius of the 100 television 
markets delineated in Sec.  76.51 of this chapter. Outside a 50 km 
radius of the 100 television markets delineated in Sec.  76.51 of 
this chapter, television pickup stations, CARS stations and NGSO FSS 
gateway earth stations shall operate on a primary co-equal basis. 
The band 13.20-13.2125 GHz is reserved for television pickup 
stations on a primary basis and CARS pickup stations on a secondary 
basis inside a 50 km radius of the 100 television markets delineated 
in Sec.  76.51 of this chapter. Outside a 50 km radius of the 100 
markets delineated in Sec.  76.51 of this chapter, television pickup 
stations and NGSO FSS gateway earth stations shall operate on a co-
primary basis, CARS stations shall operate on a secondary basis. 
Fixed television auxiliary stations licensed pursuant to 
applications accepted for filing before September 1, 1979, may 
continue operation on channels in the 13.15-13.25 GHz band, subject 
to periodic license renewals. NGSO FSS gateway uplink transmissions 
in the 13.15-13.2125 GHz segment shall be limited to a maximum EIRP 
of 3.2 dBW towards 0 degrees on the radio horizon. These provisions 
shall not apply to GSO FSS operations in the 12.75-13.25 GHz band.
* * * * *

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 Sections 4, 
301, 302, 303, 307, 309 and 332 of the Communications Act, as

[[Page 34338]]

amended, 47 U.S.C. Sections 154, 301, 302, 303, 307, 309 and 332, 
unless otherwise noted.


0
4. Section 25.201 is amended by revising the introductory text and 
paragraph 2 of the definition for NGSO FSS gateway earth station to 
read as follows:


Sec.  25.201  Definitions.

* * * * *
    NGSO FSS gateway earth station. A gateway earth station is an earth 
station complex consisting of multiple interconnecting earth station 
antennas supporting the communication routing and switching functions 
of a non-geostationary satellite orbit fixed-satellite service (NGSO 
FSS) system as a whole. A gateway earth station in the NGSO FSS:
* * * * *
    (2) Shall not be for the exclusive use of any customer.
* * * * *

0
5. Section 25.202 is amended by revising the table and footnotes in 
paragraph (a)(1) to read as follows:


Sec.  25.202  Frequencies, frequency tolerance and emission 
limitations.

    (a)(1) * * *

------------------------------------------------------------------------
              Space-to-earth (GHz)                 Earth-to-space (GHz)
------------------------------------------------------------------------
3.7-4.2 \1\....................................          5.925-6.425 \1\
10.7-10.95 \1,\ \12\...........................   12.75-13.25 \1,\ \12,\
                                                                    \14\
10.95-11.2 \1,\ \2,\ \12\......................       13.75-14 \4,\ \12\
11.2-11.45 \1,\ \12\...........................              14-14.2 \5\
11.45-11.7 \1,\ \2,\ \12\......................                14.2-14.5
11.7-12.2 \3\..................................            17.3-17.8 \9\
12.2-12.7 \13\.................................            27.5-29.5 \1\
18.3-18.58 \1,\ \10\...........................                  29.5-30
18.58-18.8 \6,\ \10,\ \11\.....................                48.2-50.2
18.8-19.3 \7,\ \10\
19.3-19.7 \8,\ \10\
19.7-20.2 \10\
37.6-38.6
40-41
------------------------------------------------------------------------
\1\ This band is shared coequally with terrestrial radiocommunication
  services.
\2\ Use of this band by geostationary satellite orbit satellite systems
  in the fixed-satellite service is limited to international systems;
  i.e., other than domestic systems.
\3\ Fixed-satellite transponders may be used additionally for
  transmissions in the broadcasting-satellite service.
\4\ This band is shared on an equal basis with the Government
  radiolocation service and grandfathered space stations in the Tracking
  and Data Relay Satellite System.
\5\ In this band, stations in the radionavigation service shall operate
  on a secondary basis to the fixed-satellite service.
\6\ The band 18.58-18.8 GHz is shared co-equally with existing
  terrestrial radiocommunication systems until June 8, 2010.
\7\ The band 18.8-19.3 GHz is shared co-equally with terrestrial
  radiocommunication services, until June 8, 2010. After this date, the
  sub-band 19.26-19.3 GHz is shared co-equally with existing terrestrial
  radiocommunication systems.
\8\ The use of the band 19.3-19.7 GHz by the fixed-satellite service
  (space-to-Earth) is limited to feeder links for the mobile-satellite
  service.
\9\ The use of the band 17.3-17.8 GHz by the fixed-satellite service
  (Earth-to-space) is limited to feeder links for broadcasting-satellite
  service, and the sub-band 17.7-17.8 GHz is shared co-equally with
  terrestrial fixed services.
\10\ This band is shared co-equally with the Federal Government fixed-
  satellite service.
\11\ The band 18.6-18.8 GHz is shared co-equally with the non-Federal
  Government and Federal Government Earth exploration-satellite
  (passive) and space research (passive) services.
\12\ Use of this band by non-geostationary satellite orbit systems in
  the fixed-satellite service is limited to gateway earth station
  operations.
\13\ Use of this band by the fixed-satellite service is limited to non-
  geostationary satellite orbit systems.
\14\ Use of this band by NGSO FSS gateway earth station uplink
  operations is subject to the provisions of Sec.   2.106 NG53.

* * * * *

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTION SERVICES

0
6. The authority citation for part 74 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 307, 336(f), 336(h) and 554.
0
7. Section 74.602 is amended by revising footnote 2 following the table 
in paragraph (a) introductory text to read as follows:


Sec.  74.602  Frequency assignment.

    (a) * * *

    \2\ The band 13.15-13.20 GHz is reserved for television pickup 
and CARS pickup stations inside a 50 km radius of the 100 television 
markets delineated in Sec.  76.51 of this chapter. Outside a 50 km 
radius of the 100 television markets delineated in Sec.  76.51 of 
this chapter, television pickup stations, CARS stations and NGSO FSS 
gateway earth stations shall operate on a primary co-equal basis. 
The band 13.20-13.2125 GHz is reserved for television pickup 
stations on a primary basis and CARS pickup stations on a secondary 
basis inside a 50 km radius of the 100 television markets delineated 
in Sec.  76.51 of this chapter. Outside a 50 km radius of the 100 
markets delineated in Sec.  76.51 of this chapter, television pickup 
stations and NGSO FSS gateway earth stations shall operate on a co-
primary basis, CARS stations shall operate on a secondary basis. 
Fixed television auxiliary stations licensed pursuant to 
applications accepted for filing before September 1, 1979, may 
continue operation on channels in the 13.15-13.25 GHz band, subject 
to periodic license renewals. NGSO FSS gateway uplink transmissions 
in the 13.15-13.2125 GHz segment shall be limited to a maximum EIRP 
of 3.2 dBW towards 0 degrees on the radio horizon. These provisions 
shall not apply to GSO FSS operations in the 12.75-13.25 GHz band.

* * * * *

PART 78--CABLE TELEVISION RELAY SERVICE

0
8. The authority for part 78 continues to read as follows:

    Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as 
amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47 U.S.C. 
152, 153, 154, 301, 303, 307, 308, 309.


0
9. Sections 78.18 is amended by revising paragraphs (l) and (m) to read 
as follows:


Sec.  78.18  Frequency assignments.

* * * * *
    (l) The band 13.15-13.20 GHz is reserved for television pickup and 
CARS pickup stations inside a 50 km radius of the 100 television 
markets delineated in Sec.  76.51 of this chapter. Outside a 50 km 
radius of the 100 television markets delineated in Sec.  76.51 of this 
chapter, television pickup stations, CARS stations and NGSO FSS gateway 
earth stations shall operate on a primary co-equal basis. The band 
13.20-13.2125 GHz is reserved for television pickup stations on a 
primary basis and CARS pickup stations on a secondary basis inside a 50 
km radius of the 100 television markets delineated in Sec.  76.51 of 
this chapter. Outside a 50 km radius of the 100 markets delineated in 
Sec.  76.51 of this chapter, television pickup stations and NGSO FSS 
gateway earth stations shall operate on a co-primary basis, CARS 
stations shall operate on a secondary basis. Fixed television auxiliary 
stations licensed pursuant to applications accepted for filing before 
September 1, 1979, may continue operation on channels in the 13.15-
13.25 GHz band, subject to periodic license renewals. NGSO FSS gateway 
uplink transmissions in the 13.15-13.2125 GHz segment shall be limited 
to a maximum EIRP of 3.2 dBW towards 0 degrees on the radio horizon. 
These provisions shall not apply to GSO FSS operations in the 12.75-
13.25 GHz band.
    (m) CARS stations may be authorized for use of the band from 13.20 
to 13.25 GHz on a secondary basis to Television Broadcast Auxiliary 
Stations. CARS stations are also secondary to NGSO FSS gateway earth 
station uplink operations. Any CARS application seeking authorization 
for use of the 13.20 to 13.25 GHz band must demonstrate that the 
applicant has

[[Page 34339]]

exhausted all spectrum available to it in the 12.70 to 13.20 GHz band. 
Applications for use of this band must specify whether the channels are 
6 MHz, 12.5 MHz, or 25 MHz wide and give the upper and lower boundaries 
and the polarization for each channel.

[FR Doc. 03-14396 Filed 6-6-03; 8:45 am]
BILLING CODE 6712-01-P