[Federal Register Volume 69, Number 14 (Thursday, January 22, 2004)]
[Proposed Rules]
[Pages 3056-3064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1245]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 25

[IB Docket No. 02-10, FCC No. 03-286]


Procedures To Govern the Use of Satellite Earth Stations on Board 
Vessels in the 5925-6425 MHz/3700-4200 MHz Bands and 14.0-14.5 GHz/
11.7-12.2 GHz Bands

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document is a summary of the Notice of Proposed 
Rulemaking adopted by the Commission in this proceeding. The Commission 
sought comment on proposals that seek to provide regulatory certainty 
to both terrestrial fixed service (FS) and fixed satellite service 
(FSS) operators in the C-; and Ku-bands by protecting existing 
terrestrial FS and FSS operations from harmful interference that may be 
caused by ESVs; by allowing for future growth of FS and FSS networks; 
and by promoting more efficient use of the spectrum by permitting new 
uses of the bands by ESVs, thereby enabling important new 
communications services to be provided to consumers on board vessels. 
The Commission also sought comment on rules and procedures to license 
ESV networks in the C- and Ku-band frequencies over GSO FSS satellites.

DATES: Comments are due to be filed by February 23, 2004, and reply 
comments are due to be filed by March 8, 2004. OMB, the general public, 
and other Federal agencies are invited to comment on the information 
collection requirements on or before March 22, 2004.

FOR FURTHER INFORMATION CONTACT: Belinda Nixon, 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 Notice 
of Proposed Rulemaking in IB Docket No. 02-10, FCC No. 03-286, adopted 
November 12, 2003 and released on November 24, 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-03-286A1.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 Notice of Proposed Rulemaking (NPRM) contains proposed new or 
modified information collections subject to the Paperwork Reduction Act 
of 1995 (PRA), Public Law 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 Notice of Proposed Rulemaking

    In December 1991, Crescomm Transmission Services, Inc. (Crescomm), 
now Maritime Telecommunications Network (MTN) filed a Petition for 
Rulemaking to license ESVs in the C-band and Ku-band. In 1996, the IB 
and OET granted waivers of the Commission's rules to Qualcomm, Inc. 
(Qualcomm) and MTN to provide mobile-satellite service (MSS) using 
bands allocated to FSS and FS. The authorization placed conditions on 
the licenses, requiring them to protect against interference to, and 
accept interference from, other services or operations in the bands. 
Since that time, the Commission has authorized ESVs on U.S.-flagged 
vessels to operate pursuant to six month special temporary 
authorizations (STAs). The STAs require ESV service providers to 
operate on a non-harmful interference basis with respect to other 
radiocommunication services in the C-band and the Ku-band. In February, 
2002, the Commission issued a Notice of Inquiry seeking comment on 
issues surrounding the operations and possible licensing of ESVs. The 
NOI focused on the bands that can best accommodate ESVs and on how to 
prevent interference to FS licensees.
    In the Ku-band, the NPRM proposes to permit ESV operations on a 
primary basis with respect to other operations in the band. This band 
is extensively used by the FSS for VSAT operations. Various other 
satellite and terrestrial operations exist in the band to a lesser 
extent under other allocations. The NPRM seeks comment on how ESVs will 
co-exist with the other operations. The NPRM also seek comment on the 
following proposed requirements: Ku-band ESV networks would have 
automatic shut-off capability; ship location information would be 
provided to other operators in the Ku-band to identify and eliminate 
harmful interference that may be caused by an ESV; ESV equipped vessels 
must be 300 gross tons or larger; technical limitations to ensure 
compliance with two degree spacing and to prevent interference 
including: minimum antenna diameter of 1.2 meters, antenna pointing 
accuracy requirements, the NPRM proposes that Ku-band ESVs be 
authorized for a fifteen-year license term.
    The NPRM proposes domestic rules that would authorize ESVs to 
operate on NIB in the C-band. The C-band is shared on a co-primary 
basis between the GSO FSS and terrestrial FS. The NPRM proposes that 
ESVs could be licensed following two approaches to address coordination 
issues between the ESVs and FS, the Coordination Approach and the Non-
Coordination Approach. Under the Coordination Approach, ESVs operators 
would coordinate with FS operations prior to receiving a license for ES 
operations located within 300 kilometers of the United States 
coastline. ESVs would operate on a non-harmful interference basis with 
respect

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to other operations in the band. However, the process of coordinating 
between FSS operators and terrestrial FS operators is designed to 
reduce the potential for interference that may be caused to terrestrial 
FS operators. Thus, once an ESV operator has coordinated the operations 
of an ESV, it is unlikely that the ESV will cause interference to 
terrestrial operators. Therefore, under this approach, if there is a 
claim that an ESV is causing interference, the ESV may continue to 
operate until the interference claim is resolved. In general, the NPRM 
seeks comment on the following: ESVs operators would be permitted to 
coordinate any portion of the C-band spectrum under the Coordination 
Approach, however, an ESV operator would be limited to accessing two 
GSO FSS satellites and 36 megahertz per satellite, per location (e.g., 
port or waterway); ESV networks under the Coordination Approach would 
have automatic shut-off capability; ship location information would be 
maintained by the ESV operator for a 90-day period and would be 
provided, upon request, and in a secure fashion to other operators in 
the C-band, the Commission, or a third party for the purpose of 
identifying the source of harmful interference; ESV equipped vessels 
must be 300 gross tons or larger; several technical limitations would 
apply to C-band ESVs including: minimum antenna diameter of 2.4 meters, 
antenna pointing accuracy requirements, ESV networks under the 
Coordination Approach would be authorized for a 15-year license term.
    Under the Non-Coordination Approach, ESVs would not have to 
coordinate with terrestrial FS operators prior to providing service. 
ESVs would be permitted to operate within 300 kilometers of the United 
States coastline on a non-harmful interference basis with respect to 
other operations in the band. An ESV would be subject to immediate 
shut-off of its service, however, if it is suspected that the ESV is 
causing harmful interference to a terrestrial FS operator. The ESV 
operator would have to resolve the interference claim prior to resuming 
operation of the ESV. In general, the NPRM seeks comment on the 
following: Non-Coordination ESV networks would have automatic shut-off 
capability; ship location information would be provided on a real time 
basis and via a secure method to terrestrial FS operators in the C-band 
to allow the terrestrial FS operators to identify harmful interference 
that may be caused by an ESV; ESV equipped vessels must be 300 gross 
tons or larger; and several technical limitations would apply to C-band 
ESVs including: minimum antenna diameter of 2.4 meters, antenna 
pointing accuracy requirements. Non-Coordination ESV networks would be 
authorized for a two-year license term.
    The majority of cruise lines that operate from U.S. ports are 
foreign-flagged. By statute, the Commission cannot license ESVs on 
foreign-flagged vessels. In general, the NPRM seeks comment on the 
following: proposal to permit U.S.-licensed ESV hub operators to serve 
ESVs on foreign-flagged vessels in the C-band and Ku-band pursuant to 
the rules that would apply to U.S.-licensed ESV operations. If 
interference is caused by an ESV on a foreign-flagged vessel, the 
licensed ESV hub operator would have to eliminate the interference 
caused by the ESV operating in its network; proposal to permit, 
pursuant to bilateral agreements between the Commission and foreign 
regulators, ESV hub operators operating from foreign points to serve 
foreign-flagged vessels along the U.S. coastline in the C-band and Ku-
band pursuant to the rules that would apply to U.S.-licensed ESV 
operations; in the alternative, we seek comment on whether ESV hub 
operators operating from foreign points should be required to shut off 
service to all ESVs on foreign-flagged vessels once the vessels enter 
the minimum distances (i.e. 125 km for Ku-band and 300 km for C-band) 
from the U.S. coast.

Procedural Matters

Paperwork Reduction Act

    This NPRM 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 NPRM as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. Public and agency comments 
are due March 22, 2004. 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 Analysis

    The Regulatory Flexibility Act of 1980, as amended (RFA), requires 
that a regulatory flexibility analysis be prepared for notice-and-
comment rule 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 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 Regulatory Flexibility Act (RFA), the Commission 
has prepared an Initial Regulatory Flexibility Analysis (IRFA) of the 
possible significant economic impact on small entities by the policies 
and actions considered in this NPRM. The text of the IRFA is set forth 
in Appendix B of the NPRM. Written public comments are requested on the 
IRFA. Comments must be identified as responses to the IRFA and must be 
filed by the deadlines for comments on the NPRM.
    The proposed rules would, if adopted, require satellite 
telecommunications operators to establish a database for tracking the 
location of ESV remote earth stations. The NPRM seeks

[[Page 3058]]

comment on this proposal, including the possible costs associated with 
the proposal, and seeks comment regarding possible alternatives. The 
proposed rules, if adopted, would also require ESV operators to 
maintain a point of contact for resolving possible claims of harmful 
interference, and seeks comment on this proposal and possible 
alternatives and the costs of compliance. The NPRM also proposes that 
wireless telecommunications providers nominate a person to serve as a 
point of contact for such claims of harmful interference. The 
Commission does not expect significant costs associated with this 
proposed rule, if adopted.
    The NPRM seeks comment on possible methods for coordinating ESV 
operations with FS operations, including questions about the costs of 
such coordination, and also proposes and seeks comment on an 
alternative non-coordinated method for licensing. While the Commission 
does not expect that the cost of compliance with the coordination 
requirements, if adopted, would be burdensome to small business 
entities, the proposed alternative non-coordinated licensing approach 
would also be available to such entities and could help reduce costs to 
such entities.
    This NPRM solicits comment on alternatives for more efficient 
processing of earth station on vessel (ESV) applications and 
simplifying ESV procedures, for example, by migrating from six-month 
special temporary licensing to a licensing method that would provide 
for licenses with terms from two to fifteen years. The NPRM also seeks 
comment on streamlining the application process for ESV operations by 
permitting blanket licensing of multiple ESV terminals in a single 
application. Adoption of some of these proposals would simplify the 
application process for ESVs and increase the licensing term for ESV 
operations. Accordingly, the Commission believes that adoption of these 
proposed rules would benefit all ESV applicants, including small 
entities, by significantly reducing the cost associated with obtaining 
and maintaining authority to operate an ESV network.
    As described previously, the Commission also seeks comment on a 
number of alternative compliance and coordination processes, including 
seeking comments on the costs of such compliance. The Commission has 
taken care to consider the costs on business both large and small and 
has proposed alternatives to reduce the costs for both satellite and 
terrestrial operators.
    Among these alternative is licensing on a non-coordination basis, 
which if adopted, could serve as a method for reducing costs for small 
entities by obviating the need to coordinate ESV operations with FS 
operations.

Ordering Clauses

    Accordingly, pursuant to the authority contained in Sections 1, 
4(i), 4(j), 7(a), 301, 303(c), 303(f), 303(g), 303(r), 303(y), and 308 
of the Communications Act of 1934, as amended, 47 U.S.C. Sections 151, 
154(i), 154(j), 157(a), 301, 303(c), 303(f), 303(g), 303(r), 303(y), 
308, this Notice of Proposed Rulemaking is adopted.
    The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center shall send a copy of this Notice of 
Proposed Rulemaking, including the initial regulatory flexibility 
analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration, in accordance with Section 603(a) of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq. (1981).

List of Subjects in 47 CFR Parts 2 and 25

    Radio, Satellites, Telecommunications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 2 and 25 as 
follows:

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

    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.

    2. Section 2.1(c) is amended by adding a new definition in 
alphabetical order to read as follows:


Sec.  2.1  Terms and definitions.

* * * * *
    (c) * * *
* * * * *
    Baseline. The line from which maritime zones are measured, also 
known as the coast line. The baseline is a combination of the low-water 
line and closing lines across the mouths of inland water bodies and is 
adjusted from time-to-time by the U.S. Department of State's Baseline 
Committee.
* * * * *
    3. Section 2.106 is amended by revising pages 55, 57, 64, and 66 of 
the Table of Frequency Allocations and adding footnotes USxxx, NGxxx, 
and NGyyy to read as follows:


Sec.  2.106  Table of Frequency Allocations.

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* * * * *

UNITED STATES (US) FOOTNOTES
* * * * *
    USxxx Earth stations on vessels operating in the band 14-14.5 GHz 
shall not cause harmful interference to Federal Government stations of 
the space research service in the band 14-14.2 GHz nor to stations of 
the radio astronomy service in the band 14.47-14.5 GHz.

NON-FEDERAL GOVERNMENT (NG) FOOTNOTES
* * * * *
    NGxxx In the bands 3700-4200 MHz (space-to-Earth) and 5925-6425 MHz 
(Earth-to-space), earth stations on board vessels (ESVs) may 
communicate with space stations of the fixed-satellite service on the 
condition that such use not cause harmful interference to, claim 
protection from, or otherwise impose constraints on the operation or 
development of fixed stations that operate in these bands. ESVs shall 
take all practical steps to comply with ITU Resolution 902 (WRC-03).
    NGyyy In the bands 11.7-12.2 GHz (space-to-Earth) and 14.0-14.5 GHz 
(Earth-to-space), earth stations on board vessels (ESVs) may 
communicate with space stations of the fixed-satellite service on a 
primary basis. ESVs shall take all practical steps to comply with ITU 
Resolution 902 (WRC-03).

PART 25--SATELLITE COMMUNICATIONS

    4. 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.

    5. Section 25.103 is amended by adding a new paragraph (g) to read 
as follows:


Sec.  25.103  Definitions.

* * * * *
    (g) Earth stations on board vessels (ESVs). An earth station 
located on board a vessel operating in certain bands of the fixed-
satellite service, as distinct from a ship earth station, and intended 
to be used while in motion or during halts at unspecified points.
    6. Section 25.115 is amended by adding paragraphs (c)(3) and (c)(4) 
to read as follows:


Sec.  25.115  Application for earth station authorizations.

* * * * *
    (c)(3) Satellite earth station on board vessels (ESVs) or hub 
station applications for ESV networks operating in the 11.7-12.2 GHz/
14.0-14.5 GHz (12/14 GHz or Ku-band).
    (i) Applications to license networks of ESVs or hub earth stations 
for a network of ESVs operating in the 14.0-14.5 GHz frequency band 
under blanket operating authority shall be filed electronically on FCC 
Form 312, Main Form and Schedule B, for each large (5 meters or larger) 
hub station, and Schedule B for each representative type of small 
antenna (less than 5 meters) operating within the network.
    (ii) The initial lead application shall provide a detailed overview 
of the complete network and fully identify the scope and nature of the 
service to be provided. The complete technical details of each 
representative type of small antenna shall also be provided. The lead 
application for a Ku-band ESV system must identify:
    (A) The number of ESVs associated with the network;
    (B) The operational area(s) where the proposed ESVs will operate. 
The description of the operational area should include a detailed 
description of any area within 125 km of the United States baseline, 
and in particular including ports and harbors where any ESV associated 
with the network may operate while in motion, halted for some 
unspecified time, moored or anchored, and all shipping channels and sea 
lanes where any ESV associated with the network may operate while in 
motion or halted for some unspecified time;
    (C) Each licensee shall annually provide the Commission an updated 
list of all ports, harbors, shipping channels and sea lanes where any 
ESV associated with the network may operate;
    (D) The ESV system's means of identification and location and 
method for maintaining a real-time secure database containing this 
information; and automatic mechanisms to terminate transmissions 
whenever the station operates outside of its authorized geographic area 
or operational limits; and a telephone number for the ESV operator 
point of contact to whom interference claims can be made 24-hours-a-
day, seven-days-a-week;
    (E) The ESV system's means to verify ESV performance and to 
terminate ESV transmissions immediately;
    (F) The minimum antenna diameter (m);
    (G) The pointing accuracy of the ESV antenna in degrees;
    (H) The ESV transmitted power spectral density at the input to the 
antenna (dBw/40kHz);
    (I) Demonstration of compliance with Sec.  25.209 and Sec.  25.132 
of this section
    (c)(4) Satellite earth stations on board vessels (ESVs) or hub 
station applications for ESV networks operating in the 3700-4200 MHz/
5925-6425 MHz (4/6 GHz or C-band).
    (i) Applications to license networks of ESVs or hub earth stations 
for a network of ESVs operating in 4/6 GHz band shall be filed 
electronically on FCC Form 312, Main Form and Schedule B, for each 
large hub station.
    (ii) The initial lead application shall provide a detailed overview 
of the complete network and fully identify the scope and nature of the 
service to be provided. The lead application shall also provide an 
accurate list of the vessels the ESVs are located on, the frequency, 
bandwidth, and satellites that the ESVs are using, and an itinerary for 
each vessel from which the ESVs will be operating. The lead application 
shall also identify whether the services to be provided will be on a 
coordinated or non-coordinated basis. The complete technical details of 
each representative type of small antenna shall also be provided. The 
lead application for a C-band ESV system must identify:
    (A) The number of ESVs associated with the network;
    (B) The gross tonnage of each class of ship equipped with ESVs 
operating within the network;
    (C) The ESV system's means of identification and location and, for 
non-coordinated ESV operations, method for maintaining a real-time 
secure database containing this information which can be accessed by FS 
operators, and automatic mechanisms to terminate transmissions whenever 
the station operates outside of its authorized geographic area or 
operational limits;
    (D) The ESV system's means to verify ESV performance and to 
terminate ESV transmissions immediately, and a telephone number for the 
ESV operator point of contact to whom such request can be made 24-
hours-a-day, seven-days-a-week;
    (E) The antenna diameter (m);
    (F) The pointing accuracy of the ESV antenna ([deg]);
    (G) The ESV transmitted power spectral density at the input to the 
antenna (dBw/40kHz);
    (H) Demonstration of compliance with Sec.  25.209 and Sec.  25.132 
of this section
    (I) The operational area(s) where the proposed ESVs will operate. 
The description of the operational area should include a detailed 
description of any area within 300 km of the United States baseline, 
and in particular including ports and harbors where any ESV associated 
with the network may operate while in motion, halted for some 
unspecified time, moored or

[[Page 3064]]

anchored, and all shipping channels and sea lanes where any ESV 
associated with the network may operate while in motion or halted for 
some unspecified time, and where coordination between an ESV-equipped 
vessel operating in the 4/6 GHz frequency and terrestrial microwave 
services, may be required;
    (J) Each licensee shall annually provide the Commission an updated 
list of all ports, harbors, shipping channels and sea lanes where any 
ESV associated with the network may operate;
    (K) Where ESV coordination in the 4/6 GHz band is required:
    (1) The initial lead application shall demonstrate that frequency 
coordination of each operational area (ports and sea lanes) has been 
completed prior to filing the application. The coordination must be 
conducted in accordance with Sec. Sec.  25.130 and 25.203 of this 
section.
    (2) Each licensee shall annually provide the Commission an updated 
list of all operational areas where coordinated operations are taking 
place as of the date of the report. The annual list shall also identify 
the satellites providing service to the network as of the date of the 
report.
    (3) Each hub earth station application must indicate which 
satellite transponders (i.e. frequency range) it will use to provide 
service to ESVs. The amount of frequency bandwidth available to any ESV 
network operator is limited to a maximum of 36 megahertz of spectrum in 
each direction of transmission for each of two satellites per 
geographic location (i.e. port or harbor). The same 36 megahertz of 
uplink and 36 megahertz of downlink spectrum for each satellite may be 
accessed by all ESVs in the network. The 36 megahertz of uplink and 36 
megahertz downlink of spectrum need not be the same at each satellite 
location.
    7. Section 25.121(a) is revised to read as follows:


Sec.  25.121  License terms and renewals.

    (a) License Term. Except for licenses for DBS facilities and non-
coordinated ESV operations in the C-band, licenses for facilities 
governed by this part will be issued for a period of 15 years.
* * * * *
    8. Section 25.134 is amended by adding new paragraphs (a)(3) and 
(a)(4) to read as follows:


Sec.  25.134  Licensing provisions of Very Small Aperture Terminal 
(VSAT), C-band Small Aperture Terminal (CSAT), and Satellite Earth 
Stations on Board Vessels (ESV) networks.

* * * * *
    (a)(3) ESV networks operating in the 12/14 GHz frequency band. 
Applications for ESV networks in the Ku-bands that meet the 
requirements of Sec.  25.134 (a)(1) of this section, that employ 
antennas that are 1.2 meters or larger in diameter, and have ESV 
antenna pointing accuracies of +/-0.2 degrees or better will be 
routinely processed. The use of smaller antennas or non-consistent 
power levels will require the filing of an initial lead application 
(Sec.  25.115(c)(4) of this section) that includes all technical 
analyses required to demonstrate that unacceptable interference will 
not be caused to any affected adjacent satellite operators by the 
operation of the non-conforming earth station as described in Sec.  
25.134(b) of this section for VSATs. The licenses shall be issued for 
ESV operations within 125 km of the United States coastline. The hub 
earth station licensee shall be responsible for all ESV compliance in 
its network including foreign-flagged ships.
    (a)(4) ESV networks operating in the 4/6 GHz frequency band. All 
ESV network applications or applications for hub earth station 
operations will be routinely processed provided the network employs 
antennas on board ships with a minimum of 300 gross tonnage that are 
4.5 meters or larger in diameter, that are consistent with Sec.  25.209 
of this section, that the antennas would operate with power levels that 
are consistent with Sec. Sec.  25.211(d) and 25.212(d) of this section, 
that the antennas would have pointing accuracies of +/-0.2 degrees or 
better, and where frequency coordination, if necessary, has been 
satisfactorily completed. The use of smaller antennas or other power 
levels requires the filing of an initial lead application (Sec.  
25.115(c)(4) of this section) that includes all technical analyses 
required to demonstrate that unacceptable interference will not be 
caused to any all affected adjacent satellite operators by the 
operation of the non-conforming earth station. The hub earth station 
licensee shall be responsible for mitigating any interference arising 
from ESV operations with its network, regardless of the state of 
registry of the vessel. ESV licensees will specify that ESV operations 
shall not cause harmful interference to, claim interference protection 
from, or otherwise impose constraints on the operations or development 
of other radio services operating in this frequency band. The licenses 
shall be issued for ESV operations within 300 km of the United States 
coastline. For coordinated ESV operations, information about the 
identification and location of the vessel shall be retained for at 
least 90 days and be available within 72 hours upon request. Licenses 
for non-coordinated ESV operations shall be issued for a period of two 
years.
    9. Section 25.202 is amended by adding a new paragraph (a)(8) to 
read as follows:


Sec.  25.202  Frequencies, frequency tolerance and emission 
limitations.

* * * * *
    (a)(8) The following frequencies are available for use by ESVs:

3700-4200 MHz space-to-Earth
5925-6425 MHz Earth-to-space
11.7-12.2 GHz space-to-Earth
14.0-14.5 GHz Earth-to-space

    10. Section 25.203 is amended by adding a new paragraph (l) to read 
as follows:


Sec.  25.203  Choice of sites and frequencies.

* * * * *
    (l) Applications for coordination of 4/6 GHz band earth stations on 
board vessels. Prior to the filing of its application, the ESV hub 
earth station applicant must coordinate the proposed frequency usage of 
the ESVs within its network with existing terrestrial users and with 
applicants for terrestrial station authorizations and with previously 
filed applications in accordance with the coordination procedures set 
forth in Recommendations ITU-R SF.1649.

[FR Doc. 04-1245 Filed 1-21-04; 8:45 am]
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