[Federal Register Volume 69, Number 152 (Monday, August 9, 2004)]
[Proposed Rules]
[Pages 48192-48194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18147]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 25

[IB Docket No. 02-364; FCC No. 04-134]


Spectrum Sharing Plan Among Non-Geostationary Satellite Orbit 
Mobile Satellite Service Systems in the 1.6/2.4 GHz Bands

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

SUMMARY: This document solicits comment on redistributing additional 
spectrum in the 1.6 GHz band (L-band or Big LEO band). Specifically, 
the Federal Communications Commission (Commission) initiated the 
Further Notice of Proposed Rulemaking (FNPRM) in this proceeding to 
determine whether mobile-satellite service (MSS) operators using 
different technologies could share additional spectrum in the L-band.

DATES: Comments are due September 8, 2004, and reply comments are due 
September 23, 2004.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Room TW-B204, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Jennifer Gorny, Howard Griboff, or 
James Ball, Policy Division, International Bureau, (202) 418-1460.

[[Page 48193]]


SUPPLEMENTARY INFORMATION: This is a summary of the Commission's FNPRM 
in IB Docket No. 02-364, FCC No. 04-134, adopted June 10, 2004, and 
released on July 16, 2004. The full text of this document is available 
for public inspection and copying during normal reference room hours at 
the FCC Reference Information Center, 445 12th Street, SW., Room CY-
A257, Washington, DC 20554. The document is also available for download 
over the Internet at http://hraunfoss.fcc.gov/edocs_public/ 
attachmatch/FCC-04-134A1.doc. The complete text may also be purchased 
from the Commission's copy contractor, Best Copy and Printing, in 
person at 445 12th Street, SW., Room CY-B402, Washington, DC 20554, via 
telephone at (202) 488-5300, via facsimile at (202) 488-5563, or via e-
mail at [email protected].
    Comments may be filed using the Commission's Electronic Comment 
Filing System (ECFS) or by filing paper copies. See Electronic Filing 
of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). Comments 
filed through the ECFS can be sent as an electronic file via the 
Internet to http://www.fcc.gov/e-file/ecfs.html. Parties may also 
submit an electronic comment by Internet e-mail. To get filing 
instructions for e-mail comments, commenters should send an e-mail to 
[email protected], and should include the following words in the body of the 
message, ``get form .'' A sample form and 
directions will be sent in reply. Parties who choose to file by paper 
must file an original and four copies of each filing. Filings can be 
sent by hand or messenger delivery, by commercial overnight courier, or 
by first-class or overnight U.S. Postal Service mail. The Commission's 
contractor, Natek, Inc., will receive hand-delivered or messenger-
delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building. Commercial overnight mail 
(other than U.S. Postal Service Express Mail and Priority Mail) must be 
sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal 
Service first-class mail, Express Mail, and Priority Mail should be 
addressed to 445 12th Street, SW., Washington, DC 20554. All filings 
must be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission.

Summary of Further Notice of Proposed Rulemaking

    On July 16, 2004, the Commission released a Report and Order, 
Fourth Report and Order and FNPRM in this proceeding. The Report and 
Order and Fourth Report and Order relating to this proceeding is 
published elsewhere in this issue of the Federal Register. The FNPRM 
seeks comment on proposals for reassigning or reallocating a portion of 
spectrum in the Big LEO L-band. In the attached Report and Order, we 
adopt provisions that permit time division multiple access (TDMA) and 
code division multiple access (CDMA) MSS operators to share 3.1 
megahertz of spectrum at 1618.25-1621.35 MHz, based on the record 
before us. In adopting these provisions, we have approved a sharing 
plan that provides the opportunity for the TDMA MSS operator to have 
greater capacity to serve its customers' needs, while at the same time 
not causing significant harm to the CDMA MSS operator's ability to 
serve its current and future customers. We recognize, however, that the 
current TDMA MSS system is capable of operating on frequencies as low 
as 1616 MHz, and thus an opportunity for further sharing between the 
TDMA and CDMA MSS operators could exist at 1616-1618.25 MHz. We issue 
this FNPRM in IB Docket No. 02-364, to explore whether and how sharing 
an additional 2.25 MHz in the L-band may be possible.
    In particular, parties should discuss how to ensure that shared use 
of this band does not adversely impact the ability of both CDMA and 
TDMA MSS operators to provide a wide-range of services, including 
aviation services. Second, we seek comment on whether and how sharing 
of this spectrum by TDMA and CDMA MSS operators would impact CDMA MSS 
operators' ability to provide viable ancillary terrestrial component 
services. Further, we seek comment on how any additional sharing 
requirements might impact the ability of Globalstar, as the CDMA MSS 
operator, to provide global communications. For example, Globalstar's 
French license starts at 1615 MHz, and Globalstar's Italian and Russian 
licenses are limited to frequencies above 1616 MHz.
    We also seek comment on what benefits might be gained by permitting 
additional sharing and how any technical limitations should be weighed 
in comparison against these benefits. We are particularly interested in 
any alternative sharing approaches that take into account any technical 
limitations and that would permit us to make the most efficient use of 
this spectrum.

Procedural Issues

Initial Regulatory Flexibility Certification

    The Regulatory Flexibility Act (RFA) requires that an agency 
prepare a regulatory flexibility analysis for notice-and-comment 
rulemaking proceedings, unless the agency certifies that ``the rule 
will not, if promulgated, have a significant economic impact on a 
substantial number of small entities.'' The RFA generally defines 
``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. 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 Small Business 
Administration (SBA). 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.
    The Commission established the original Big LEO band plan in 1994 
and has modified that plan in the attached Report and Order. In that 
Report and Order, the Commission allows the TDMA and CDMA MSS operators 
to share 3.1 megahertz in the L-band at 1618.25-1621.35 MHz. The 
spectrum sharing plan in the L-band should promote the efficient use of 
spectrum by increasing the number of licensees that use the spectrum. 
We recognize, however, that Iridium, the current TDMA MSS operator, is 
capable of operating in spectrum as far down as 1616 MHz. Thus, the 
purpose of the attached FNPRM is to initiate and conduct a review of 
whether it would be feasible for the TDMA and CDMA MSS operators to 
share an additional 2.25 megahertz of spectrum at 1616-1618.25 MHz. 
This proposed band plan change is designed to further improve spectral 
efficiency within the L-band.
    The proposal in the FNPRM impacts only Big LEO MSS licensees and 
currently, only two MSS licensees are operating in Big LEO spectrum. We 
do not consider these entities to be small businesses because small 
businesses would not likely be able to satisfy the capital requirements 
for launching and operating these satellite systems. Thus, the change 
we propose will not have a

[[Page 48194]]

substantial economic impact on small entities.
    The Commission therefore certifies, pursuant to the RFA, that the 
proposal in this FNPRM, if adopted, will not have a significant 
economic impact on a substantial number of small entities. If 
commenters believe that the proposals discussed in the FNPRM require 
additional RFA analysis, they should include a discussion of these 
issues in their comments and additionally label them as RFA comments. 
The Commission will send a copy of the FNPRM, including a copy of this 
Initial Regulatory Flexibility Certification, to the Chief Counsel for 
Advocacy of the SBA. In addition, a copy of the FNPRM and this initial 
certification will be published in the Federal Register.

Ordering Clauses

    Pursuant to sections 4(i), 7, 302(a), 303(c), 303(e), 303(f) and 
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
157, 302(a), 303(c), 303(e), 303(f) and 303(r), the FNPRM is adopted.
    The Commission's Consumer Information Bureau, Reference Information 
Center, shall send a copy of this FNPRM, including the Initial 
Regulatory Flexibility Certification, to the Chief Counsel for Advocacy 
of the Small Business Administration.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-18147 Filed 8-6-04; 8:45 am]
BILLING CODE 6712-01-P