[Federal Register Volume 70, Number 19 (Monday, January 31, 2005)]
[Rules and Regulations]
[Pages 4775-4788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1359]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 25, and 101

[IB Docket No. 02-10, FCC 04-286]


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: Final rule.

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

SUMMARY: This document is a summary of the Report and Order adopted by 
the Commission in this proceeding. The Commission adopted licensing and 
service rules for satellite earth stations on vessels (ESVs) in the C- 
and Ku-bands that will provide regulatory certainty to ESV licensees, 
while protecting existing users in the bands. The new rules will 
further the Commission's goal of promoting market-based deployment of 
broadband technologies.

DATES: Effective March 2, 2005, except for 47 CFR 25.221(c), 25.221(e), 
and 25.222(c) which contain information requirements that have not yet 
been approved by Office of Management and Budget (OMB). The Commission 
will publish a document in the Federal Register announcing the 
effective date of those sections. OMB, the general public, and other 
Federal agencies are invited to comment on the information collection 
requirements on or before April 1, 2005.

ADDRESSES: In addition to filing comments with the Office of the 
Secretary, a copy of any comments on the Paperwork Reduction Act 
information collection(s) contained herein should be submitted to 
Judith B. Herman, Federal Communications Commission, Room 1-C804, 445 
12th Street, SW., Washington, DC 20554, or via the Internet to [email protected], and to Kristy L. LaLonde, OMB Desk Officer, Room 
10236 NEOB, 725 17th Street, NW., Washington, DC 20503 or via the 
Internet to [email protected].

FOR FURTHER INFORMATION CONTACT: Jennifer Gorny or Gardner Foster, 
Policy Division, International Bureau, (202) 418-1460. For additional 
information concerning the Paperwork Reduction Act 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. 02-10, FCC 04-286, adopted December 15, 
2004, and released on January 6, 2005. This proceeding was initiated by 
the Notice of Proposed Rule Making (ESV NPRM), 69 FR 3056, January 22, 
2004. The full

[[Page 4776]]

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-04-286A1.pdf. The 
complete text may also be purchased from the Commission's copy 
contractor, Best Copy and Printing, Inc., (BCPI) located in Room CY-
B402, 445 12th Street, SW., Washington, DC 20554. Customers may contact 
BCPI at their Web site: http://www.bcpiweb.com or call 1-800-378-3160.

Paperwork Reduction Act of 1995 Analysis

    This Report and Order contains modified information collections. 
The Commission, as part of its continuing effort to reduce paperwork 
burdens, invites the general public to comment on the information 
collection(s) contained in this Report and Order as required by the 
Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. Public and 
agency comments are due April 1, 2005. In addition, the Commission 
notes that pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought 
specific comment on how the Commission might ``further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees.''
    In this present Report and Order, we have assessed the effects of 
adopting licensing and service rules for ESVs, and find that with the 
flexibility allowing ESV providers to use either the C-band or the Ku-
band will provide regulatory certainty to small businesses while 
protecting against interference.
    The Commission will send a copy of the Report and Order in a report 
to be sent to Congress and the General Accounting Office pursuant to 
the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

Summary of Report and Order

    On November 24, 2003, the Commission released the ESV NPRM seeking 
comment on proposed rules for satellite services on vessels, including 
broadband services. The Commission's proposals sought to provide 
regulatory certainty to ESVs while protecting incumbent terrestrial 
fixed service (FS) and fixed satellite service (FSS) operators in the 
C- and Ku-bands.
    On December 15, 2004, the Commission adopted the Report and Order 
in this proceeding. The Report and Order establishes licensing and 
service rules for ESVs operating in the 5925-6425 MHz/3700-4200 MHz (C-
band) and 14.0-14.5 GHz/11.7-12.2 GHz (Ku-band) frequencies. A portion 
of the ``extended'' Ku-band (10.95-11.2 GHz and 11.45-11.7 GHz) is also 
included in this decision. ESVs have been used for the past several 
years to provide communications services, including Internet access, to 
cruises, merchant ships, ferries, barges, yachts and U.S. Navy vessels. 
The Commission's decision will allow ESV operations to continue in the 
C- and Ku-bands, while ensuring that ESVs protect FS and FSS operators, 
and a limited number of Government operations in these bands from 
harmful interference.
    To protect FS operations in the C-band, ESV operators will be 
subject to operational requirements, including spectrum limitations and 
coordination requirements. The Commission imposes fewer operational 
requirements in the Ku-band than in the C-band because ESVs are less 
likely to cause harmful interference to incumbent services in that 
band. For example, in the Ku-band, ESV coordination with the fixed 
terrestrial service is not required because these operations are 
limited in that band. In the 14.0-14.5 GHz band, ESV coordination is 
required near a limited number of Federal Government earth stations. 
ESVs will be permitted to operate in portions of the ``extended'' Ku-
band downlink (10.95-11.2 GHz and 11.45-12.2 GHz) and must accept all 
interference from FS operations in that band. In addition, the new 
rules place power limits on ESV operations to protect fixed satellite 
operators in both the C- and Ku-bands. The Commission also requires ESV 
operators in both bands to collect and maintain vessel tracking data to 
assist in identifying and resolving sources of interference. Finally, 
the Commission establishes a regulatory framework that will enable 
foreign-licensed ESVs to operate near the United States without causing 
harmful interference to domestic operations.
    Prior to the adoption of the Report and Order, the Commission 
permitted ESVs to operate pursuant to six month special temporary 
authorizations. In the Report and Order, the Commission adopted blanket 
licensing procedures and a fifteen-year license term. These measures 
will ensure expeditious processing and regulatory certainty.

Procedural Matters

Paperwork Reduction Act

    This Report and Order contains or modified information collections 
subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-
13. 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 collection contained in this proceeding. All comments 
regarding the requests for approval of the information collection 
should be submitted to Judith B. Herman, Federal Communications 
Commission, Room 1-C804, 445 12th Street, SW., Washington, DC 20554, or 
via the Internet to [email protected], and to Kristy L. LaLonde, 
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 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.'' The RFA, see 5 U.S.C. 601-612, 
has been amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 
(1996), and 5 U.S.C. 605(b). The RFA generally defines the term ``small 
entity'' as having the same meaning as the terms ``small business,'' 
``small organization,'' and ``small governmental jurisdiction.'' (5 
U.S.C. 601(6)). In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. 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 5 U.S.C. 632.

[[Page 4777]]

    In light of the rules adopted in this Report and Order, we believe 
that there are only two categories of licensees that would be affected 
by the new rules. These categories of licensees are Satellite 
Telecommunications and Fixed-Satellite Transmit/Received Earth 
Stations. 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. Currently there are approximately 3,390 operational 
fixed-satellite transmit/received earth stations authorized for use in 
the C- and Ku-bands. The Commission does not request or collect annual 
revenue information, and thus is unable to estimate the number of earth 
stations that would constitute a small business under the SBA 
definition. Of the two classifications of licensees, we estimate that 
only 15 entities will provide ESV service.
    Pursuant to the RFA, the Commission incorporated an Initial 
Regulatory Flexibility Analysis (IRFA) into the ESV NPRM. In the IRFA, 
the Commission tentatively concluded that the proposals contained in 
the ESV NPRM were the least burdensome alternatives for all entities, 
both large and small. We received no comments in response to the IRFA. 
For the reasons described below, we now certify that the policies and 
rules adopted in this Report and Order will not have a significant 
economic impact on a substantial number of small entities.
    In 2003, the Commission adopted the ESV NPRM seeking comments on 
its proposals to license ESV hub stations for operation in both the C- 
and Ku-bands. In this Report and Order, the Commission establishes 
licensing and service rules for ESVs operating in the C- and Ku-bands. 
These rules allow ESV operations in the C- and Ku-bands, while ensuring 
that ESVs protect FS and FSS operators, and a limited number of 
Government operations in these bands from harmful interference.
    ESVs have been used for the past several years to provide 
telecommunications services, including Internet access, to cruise 
ships, merchant ships, ferries, barges, yachts, and U.S. Navy vessels--
i.e., any marine craft large enough to meet reasonable size 
requirements and safely carry a stabilized satellite dish. Licensing 
ESV operations advances the Commission's goals and objectives for 
market-driven deployment of broadband technologies. The market for 
broadband via satellite-based communications continues to expand. As 
ESV operators deploy increasingly innovative broadband services to 
their subscribers, the rules will assure that, through ESVs, broadband 
services are available to businesses and consumers on the high seas, 
coastlines, and inland waterways.
    In this Report and Order, the Commission imposes certain technical 
conditions on ESV operations as an application of the FSS with mobile 
capabilities. By allowing ESVs to continue operations in the C-band, 
the Commission strikes the appropriate balance of ESV and FS interests 
by adopting strict operational requirements for ESVs in the C-band that 
will ensure that incumbent and future FS operators are protected from 
harmful interference. The Commission encourages ESV operators to 
utilize the Ku-band for their operations wherever possible through 
enhanced rights and limited regulation in that band. Given the 
relatively limited presence of FS users in the 11.7-12.2 GHz band, and 
the Commission's belief that the proliferation of Ku-band satellites 
are making Ku-band spectrum more accessible and reliable, the 
Commission views the Ku-band as an ideal operational environment for 
future ESV growth. The availability of Ku-band spectrum for non-
coordinated use could help reduce costs to both large and small 
entities. We believe that it will have no significant economic impact 
on small entities because ESV operators will have the ability to choose 
the spectrum (C-or Ku-band) that meets their needs and will not be 
precluded from being licensed in each band. In addition, permitting 
this flexibility will greatly reduce interference problems.
    In both the C- and Ku-bands, the Commission requires ESV operators 
to protect FSS incumbents through limits on off-axis effective 
isotropically radiated power density and to cease operations if the ESV 
antenna drifts more than 0.2 degrees from the target satellite. In 
addition, the Commission adopts footnotes to the U.S. Table of 
Frequency Allocations to recognize ESVs as an application of the FSS 
with primary status. In doing so, the Commission implements, in part, 
the decision reached at the International Telecommunication Union's 
(ITU's) 2003 World Radiocommunication Conference (WRC-03), which added 
a footnote to the International Table of Frequency Allocations stating 
that, in the 5925-6425 MHz and 14.0-14.5 GHz bands, ESVs may 
communicate with FSS space stations. We also require operators in both 
bands to collect and maintain vessel tracking data to assist in 
identifying and resolving sources of interference. The Commission also 
provides for system licensing (consisting of ESV hub stations and/or 
blanket licensing for ESV earth stations) in order to give both C- and 
Ku-band ESV operators greater flexibility in structuring their 
operations. Finally, consistent with ITU encouragement of 
administrative cooperation in reaching agreements on the use of ESV 
systems, the Commission established a regulatory framework that will 
enable foreign-licensed ESVs to operate near the United States without 
causing harmful interference to domestic operations. This flexible 
approach should benefit all entities, and the requirements should not 
have a significant economic impact on small entities.
    ESV operators also are required to establish a database for 
tracking the location of ESV remote earth stations and to maintain a 
point of contact for resolving possible claims of harmful interference. 
The Commission does not expect small entities to incur significant 
costs associated with this requirement. The new licensing rules will 
benefit both large and small entities by streamlining the process for 
obtaining authority from the Commission to provide ESV service. 
Licensees will have certainty in the provision of service because the 
new rules will provide license terms of 15 years rather than the 
current procedure whereby a licensee receives temporary authorization 
for 6 months. In addition, the new rules provide a simplified means of 
resolving issues of harmful interference. Small entities will benefit 
from the flexibility of being able to operate in the Ku-band where 
there are very few restrictions. We believe these requirements are 
nominal and do not impose a significant economic impact on small 
entities.
    Therefore, we certify that the requirements adopted in this Report 
and Order will not have a significant economic impact on a substantial 
number of small entities.
    Report to Congress: The Commission will send a copy of the Report 
and Order, including a copy of the Final Regulatory Flexibility 
Certification, in a report to Congress. In addition, the Commission 
will send a copy of the Report and Order, including a copy of the Final 
Regulatory Flexibility Certification, to the Chief Counsel for Advocacy 
of the SBA. A copy of the Report and Order and Final Regulatory 
Flexibility Certification will also be published in the Federal 
Register.

Ordering Clauses

    Accordingly, pursuant to the authority contained in sections 4(i), 
7, 302(a), 303(c), 303(e), 303(f) and 303(r) of the Communications Act 
of 1934, as

[[Page 4778]]

amended, 47 U.S.C. sections 154(i), 157, 302(a), 303(c), 303(e), 303(f) 
and 303(r), the Report and Order is adopted and that parts 2, 25, and 
101 of the Commission's Rules are amended as specified in the Final 
Rules, effective March 2, 2005, except for 47 CFR 25.221(c), 25.221(e), 
and 25.222(c), which are not effective until approved by the Office of 
Management and Budget. The Commission will publish a document in the 
Federal Register announcing the effective date of those sections.
    The Regulatory Flexibility Certification, as required by section 
604 of the Regulatory Flexibility Act and as set forth in the Report 
and Order, is adopted.
    The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center shall send a copy of this Report and 
Order, including the Final Regulatory Flexibility Certification, to the 
Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Parts 2, 25, and 101

    Radio, Satellites, Telecommunications.

Federal Communications Commission.

Marlene H. Dortch,
Secretary.

Final Rules

0
For the reasons discussed in the preamble, parts 2, 25, and 101 of the 
Commission's rules are amended 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 as follows:
0
a. Revise pages 55, 57, 64 and 66 of the Table of Frequency 
Allocations.
0
b. In the list of international footnotes, revise footnotes 5.457B, 
5.487, 5.487A, and 5.488; and remove footnote 5.491.
0
c. In the list of non-Federal Government footnotes, add footnotes 
NG180, NG181, NG182, NG183 and NG184.
    The revisions and additions read as follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *
BILLING CODE 6712-01-P

[[Page 4779]]

[GRAPHIC] [TIFF OMITTED] TR31JA05.002


[[Page 4780]]


[GRAPHIC] [TIFF OMITTED] TR31JA05.003


[[Page 4781]]


[GRAPHIC] [TIFF OMITTED] TR31JA05.004


[[Page 4782]]


[GRAPHIC] [TIFF OMITTED] TR31JA05.005

BILLING CODE 6712-01-C

[[Page 4783]]

* * * * *

International Footnotes

* * * * *
    5.457B In the bands 5925-6425 MHz and 14-14.5 GHz, earth 
stations located on board vessels may operate with the 
characteristics and under the conditions contained in Resolution 902 
(WRC-03) in Algeria, Saudi Arabia, Bahrain, Comoros, Djibouti, 
Egypt, United Arab Emirates, the Libyan Arab Jamahiriya, Jordan, 
Kuwait, Morocco, Mauritania, Oman, Qatar, the Syrian Arab Republic, 
Sudan, Tunisia and Yemen, in the maritime mobile-satellite service 
on a secondary basis. Such use shall be in accordance with 
Resolution 902 (WRC-03).
* * * * *
    5.487 In the band 11.7-12.5 GHz in Regions 1 and 3, the fixed, 
fixed-satellite, mobile, except aeronautical mobile, and 
broadcasting services, in accordance with their respective 
allocations, shall not cause harmful interference to, or claim 
protection from, broadcasting-satellite stations operating in 
accordance with the Regions 1 and 3 Plan in Appendix 30.
    5.487A Additional allocation: in Region 1, the band 11.7-12.5 
GHz, in Region 2, the band 12.2-12.7 GHz and, in Region 3, the band 
11.7-12.2 GHz, are also allocated to the fixed-satellite service 
(space-to-Earth) on a primary basis, limited to non-geostationary 
systems and subject to application of the provisions of No. 9.12 for 
coordination with other non-geostationary-satellite systems in the 
fixed-satellite service. Non-geostationary-satellite systems in the 
fixed-satellite service shall not claim protection from 
geostationary-satellite networks in the broadcasting-satellite 
service operating in accordance with the Radio Regulations, 
irrespective of the dates of receipt by the Bureau of the complete 
coordination or notification information, as appropriate, for the 
non-geostationary-satellite systems in the fixed-satellite service 
and of the complete coordination or notification information, as 
appropriate, for the geostationary-satellite networks, and No. 5.43A 
does not apply. Non-geostationary-satellite systems in the fixed-
satellite service in the above bands shall be operated in such a way 
that any unacceptable interference that may occur during their 
operation shall be rapidly eliminated.
    5.488 The use of the band 11.7-12.2 GHz by geostationary-
satellite networks in the fixed-satellite service in Region 2 is 
subject to application of the provisions of No. 9.14 for 
coordination with stations of terrestrial services in Regions 1, 2 
and 3. For the use of the band 12.2-12.7 GHz by the broadcasting-
satellite service in Region 2, see Appendix 30.
* * * * *

Non-Federal Government (NG) Footnotes

* * * * *
    NG180 In the band 3700-4200 MHz (space-to-Earth) earth stations 
on vessels (ESVs) may be authorized to communicate with space 
stations of the fixed-satellite service and, while docked, may be 
coordinated for up to 180 days, renewable. ESVs in motion must 
operate on a secondary basis.
    NG181 In the band 5925-6425 MHz (Earth-to-space), earth stations 
on vessels are an application of the fixed-satellite service (FSS) 
and may be authorized to communicate with space stations of the FSS 
on a primary basis.
    NG182 In the bands 10.95-11.2 GHz and 11.45-11.7 GHz, earth 
stations on vessels may be authorized to communicate with U.S. earth 
stations through space stations of the fixed-satellite service but 
must accept interference from terrestrial systems operating in 
accordance with Commission Rules.
    NG183 In the bands 11.7-12.2 GHz (space-to-Earth) and 14.0-14.5 
GHz (Earth-to-space), earth stations on vessels are an application 
of the fixed-satellite service (FSS) and may be authorized to 
communicate with space stations of the FSS on a primary basis.
    NG184 Land mobile stations in the bands 11.7-12.2 GHz and 14.2-
14.4 GHz and fixed stations in the band 11.7-12.1 GHz that are 
licensed pursuant to part 101, subpart J of the Commission's Rules 
as of March 1, 2005 may continue to operate on a secondary basis 
until their license expires. Existing licenses issued pursuant to 
part 101, subpart J will not be renewed in the bands 11.7-12.2 GHz 
and 14.2-14.4 GHz.
* * * * *

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


0
4. Section 25.115 is amended by adding paragraph (a)(2)(iii) to read as 
follows:


Sec.  25.115  Application for earth station authorizations.

    (a) * * *
    (2) * * *
    (iii) The earth station is not an ESV.
* * * * *

0
5. Section 25.130 is amended by revising paragraph (a) to read as 
follows:


Sec.  25.130  Filing requirements for transmitting earth stations.

    (a) Applications for a new or modified transmitting earth station 
facility shall be submitted on FCC Form 312, and associated Schedule B, 
accompanied by any required exhibits, except for those earth station 
applications filed on FCC Form 312EZ pursuant to Sec.  25.115(a). All 
such earth station license applications must be filed electronically 
through the International Bureau Filing System (IBFS) in accordance 
with the applicable provisions of part 1, subpart Y of this chapter. 
Additional filing requirements for Earth Stations on Vessels are 
described in Sec. Sec.  25.221 and 25.222.
* * * * *

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


Sec.  25.201  Definitions.

* * * * *
    Ambulatory. Not stationary. Baselines from which maritime 
boundaries are measured change with accretion- and erosion-caused 
ambulation of the boundaries themselves.
* * * * *
    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 (``low-tide elevation'') and closing lines across the mouths of 
inland water bodies. The baseline is defined by a series of baseline 
points. The baseline points are not just the low-water marks of the 
shore of mainland but also includes islands and ``low-water 
elevations'' (i.e., natural rocks). Baseline points are ambulatory, and 
thus, require adjustment from time-to-time by the U.S. Department of 
State's Baseline Committee.
* * * * *
    Earth Station on Vessel (``ESV''). An ESV is an earth station 
onboard a craft designed for traveling on water receiving from and 
transmitting to fixed-satellite space stations.
* * * * *
    Low-Tide Elevation. A naturally formed area of land that is 
surrounded by and above water at low tide but below water at high tide. 
Low-tide elevations serve as part of the coast line when they are 
within the breath of the territorial sea of the mainland (either 
uplands or inland waters) or an island. 1958 Convention on the 
Territorial Sea, Article 11.
* * * * *

0
7. Section 25.202 is amended by adding 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)
10.95-11.2 GHz (space-to-Earth)
11.45-11.7 GHz (space-to-Earth)
11.7-12.2 GHz (space-to-Earth)
14.0-14.5 GHz (Earth-to-space)

    ESVs shall be authorized and coordinated as set forth in Sec. Sec.  
25.221 and 25.222. ESV operators, collectively, may

[[Page 4784]]

coordinate up to 180 megahertz of spectrum in the 5925-6425 MHz (Earth-
to-space) band for all ESV operations at any given location subject to 
coordination.
* * * * *

0
8. Section 25.203 is amended by revising paragraphs (a), (b), (c) 
introductory text, (d) and (k) to read as follows:


Sec.  25.203  Choice of sites and frequencies.

    (a) Sites and frequencies for earth stations, other than ESVs, 
operating in frequency bands shared with equal rights between 
terrestrial and space services, shall be selected, to the extent 
practicable, in areas where the surrounding terrain and existing 
frequency usage are such as to minimize the possibility of harmful 
interference between the sharing services.
    (b) An applicant for an earth station authorization, other than an 
ESV, in a frequency band shared with equal rights with terrestrial 
microwave services shall compute the great circle coordination distance 
contour(s) for the proposed station in accordance with the procedures 
set forth in Sec.  25.251. The applicant shall submit with the 
application a map or maps drawn to appropriate scale and in a form 
suitable for reproduction indicating the location of the proposed 
station and these contours. These maps, together with the pertinent 
data on which the computation of these contours is based, including all 
relevant transmitting and/or receiving parameters of the proposed 
station that is necessary in assessing the likelihood of interference, 
an appropriately scaled plot of the elevation of the local horizon as a 
function of azimuth, and the electrical characteristics of the earth 
station antenna(s), shall be submitted by the applicant in a single 
exhibit to the application. The coordination distance contour plot(s), 
horizon elevation plot, and antenna horizon gain plot(s) required by 
this section may also be submitted in tabular numerical format at 
5[deg] azimuthal increments instead of graphical format. At a minimum, 
this exhibit shall include the information listed in paragraph (c)(2) 
of this section. An earth station applicant shall also include in the 
application relevant technical details (both theoretical calculations 
and/or actual measurements) of any special techniques, such as the use 
of artificial site shielding, or operating procedures or restrictions 
at the proposed earth station which are to be employed to reduce the 
likelihood of interference, or of any particular characteristics of the 
earth station site which could have an effect on the calculation of the 
coordination distance.
    (c) Prior to the filing of its application, an applicant for 
operation of an earth station, other than an ESV, shall coordinate the 
proposed frequency usage with existing terrestrial users and with 
applicants for terrestrial station authorizations with previously filed 
applications in accordance with the following procedure:
* * * * *
    (d) An applicant for operation of an earth station, other than an 
ESV, shall also ascertain whether the great circle coordination 
distance contours and rain scatter coordination distance contours, 
computed for those values of parameters indicated in Sec.  25.251 
(Appendix 7 of the ITU RR) for international coordination, cross the 
boundaries of another Administration. In this case, the applicant shall 
furnish to the Commission copies of these contours on maps drawn to 
appropriate scale for use by the Commission in effecting coordination 
of the proposed earth station with the Administration(s) affected.
* * * * *
    (k) An applicant for operation of an earth station, other than an 
ESV, that will operate with a geostationary satellite or non-
geostationary satellite in a shared frequency band in which the non-
geostationary system is (or is proposed to be) licensed for feeder 
links, shall demonstrate in its applications that its proposed earth 
station will not cause unacceptable interference to any other satellite 
network that is authorized to operate in the same frequency band, or 
certify that the operations of its earth station shall conform to 
established coordination agreements between the operator(s) of the 
space station(s) with which the earth station is to communicate and the 
operator(s) of any other space station licensed to use the band.

0
9. Section 25.204 is amended by adding paragraphs (h) and (i) to read 
as follows:


Sec.  25.204  Power limits.

* * * * *
    (h) ESV transmissions in the 5925-6425 MHz (Earth-to-space) band 
shall not exceed an e.i.r.p. spectral density towards the radio-horizon 
of 17 dBW/MHz, and shall not exceed an e.i.r.p. towards the radio-
horizon of 20.8 dBW. The ESV network shall shut-off the ESV transmitter 
if the e.i.r.p. spectral density towards the radio-horizon or e.i.r.p. 
towards the radio-horizon are exceeded.
    (i) Within 125 km of the TDRSS sites identified in Sec.  25.222(d), 
ESV transmissions in the 14.0-14.2 GHz (Earth-to-space) band shall not 
exceed an e.i.r.p. spectral density towards the horizon of 12.5 dBW/
MHz, and shall not exceed an e.i.r.p. towards the horizon of 16.3 dBW.

0
10. Section 25.205 is revised to read as follows:


Sec.  25.205  Minimum angle of antenna elevation.

    (a) Earth station antennas shall not normally be authorized for 
transmission at angles less than 5[deg] measured from the horizontal 
plane to the direction of maximum radiation. However, upon a showing 
that the transmission path will be seaward and away from land masses or 
upon special showing of need for lower angles by the applicant, the 
Commission will consider authorizing transmissions at angles between 
3[deg] and 5[deg] in the pertinent directions. In certain instances, it 
may be necessary to specify minimum angles greater than 5[deg] because 
of interference considerations.
    (b) ESVs making a special showing requesting angles of elevation 
less than 5[deg] measured from the horizontal plane to the direction of 
maximum radiation pursuant to (a) of this Section must still meet the 
effective isotropically radiated power (e.i.r.p.) and e.i.r.p. density 
towards the horizon limits contained in Sec.  25.204(h) and (i).

0
11. Section 25.221 is added to read as follows:


Sec.  25.221  Blanket Licensing provisions for Earth Stations on 
Vessels (ESVs) receiving in the 3700-4200 MHz (space-to-Earth) 
frequency band and transmitting in the 5925-6425 MHz (Earth-to-space) 
frequency band, operating with Geostationary Satellites in the Fixed-
Satellite Service.

    (a) All applications for licenses for ESVs transmitting in the 
5925-6425 MHz (Earth-to-space) bands to geostationary-orbit satellites 
in the fixed-satellite service shall provide sufficient data to 
demonstrate that the ESV operations meet the following criteria, which 
are ongoing requirements that govern all ESV licensees and operations 
in these bands:
    (1) The off-axis effective isotropically radiated power (e.i.r.p.) 
spectral density for co-polarized signals, emitted from the ESV, in the 
plane of the geostationary satellite orbit as it appears at the 
particular earth station location (i.e., the plane determined by the 
focal point of the antenna and the line tangent to the arc of the 
geostationary satellite orbit at the position of the target satellite), 
shall not exceed the following values:


[[Page 4785]]


26.3-25log([thetas]) dBW/4kHz for 1.0[deg] <= [thetas] <= 7.0[deg]
5.3 dBW/4kHz for 7.0[deg] < [thetas] <= 9.2[deg]
29.3-25log([thetas]) dBW/4kHz for 9.2[deg] < [thetas] <= 48[deg]
-12.7 dBW/4kH for 48[deg] < [thetas] <= 180[deg]

    (2) In all other directions, the off-axis e.i.r.p. spectral density 
for co-polarized signals emitted from the ESV shall not exceed the 
following values:

29.3-25log([thetas]) dBW/4kHz for 1.0[deg] <= [thetas] <= 48[deg]
-12.7 dBW/4kHz for 48[deg] < [thetas] <= 180[deg]

    (3) For [thetas] > 7[deg], the values given in paragraphs (a)(1) of 
this Section may be exceeded by no more than 10% of the earth station 
antenna sidelobes, provided no individual sidelobe exceeds the criteria 
given by more than 3 dB.
    (4) In all directions, the off-axis e.i.r.p. spectral density for 
cross-polarized signals emitted from the ESV shall not exceed the 
following values:

16.3-25log([thetas]) dBW/4kHz for 1.8[deg] <= [thetas] <= 7.0[deg]
-4.7 dBW/4kHz for 7.0[deg] < [thetas] <= 9.2[deg]

    Where [thetas] is the angle in degrees from the axis of the main 
lobe.
    (5) For non-circular ESV antennas, the major axis of the antenna 
will be aligned with the tangent to the geostationary satellite orbital 
arc at the target satellite point, to the extent required to meet 
specified off-axis e.i.r.p. criteria.
    (6) A pointing error of less than 0.2[deg], between the orbital 
location of the target satellite and the axis of the main lobe of the 
ESV antenna.
    (7) All emissions from the ESV shall automatically cease within 100 
milliseconds if the angle between the orbital location of the target 
satellite and the axis of the main lobe of the ESV antenna exceeds 
0.5[deg], and transmission will not resume until such angle is less 
than 0.2[deg].
    (8) There shall be a point of contact in the United States, with 
phone number and address included with the application, available 24 
hours a day, seven days a week, with authority and ability to cease all 
emissions from the ESVs, either directly or through the facilities of a 
U.S. Hub or a Hub located in another country with which the U.S. has a 
bilateral agreement that enables such cessation of emissions.
    (9) ESVs that exceed the radiation guidelines of Section 1.1310 
Radiofrequency radiation exposure limits must provide, with their 
environmental assessment, a plan for mitigation of radiation exposure 
to the extent required to meet those guidelines.
    (10) ESV operators transmitting in the 5925-6425 MHz (Earth-to-
space) frequency bands to geostationary satellites in the fixed-
satellite service (FSS) shall not seek to coordinate, in any geographic 
location, more than 36 MHz of uplink bandwidth on each of no more than 
two GSO FSS satellites.
    (11) There shall be an exhibit included with the application 
describing the geographic area(s) in which the ESVs will operate.
    (12) ESVs shall not operate in the 5925-6425 MHz (Earth-to-space) 
and 3700-4200 MHz (space-to-Earth) frequency bands on vessels smaller 
than 300 gross tons.
    (b) Applications for ESV operation in the 5925-6425 MHz band to 
geostationary satellites in the fixed-satellite service must include, 
in addition to the particulars of operation identified on Form 312, and 
associated Schedule B, the following data, for each earth station 
antenna type:
    (1) A series of e.i.r.p. density charts or tables, calculated for a 
production earth station antenna, based on measurements taken on a 
calibrated antenna range at 6.0 GHz, with the off-axis e.i.r.p. 
envelope set forth in paragraphs (a)(1) through (a)(4) of this section 
superimposed, as follows:
    (i) Showing off-axis co-polarized e.i.r.p. spectral density in the 
azimuth plane, for off-axis angles from minus 10[deg] to plus 10[deg] 
and from minus 180[deg] to plus 180[deg].
    (ii) Showing off-axis co-polarized e.i.r.p. spectral density in the 
elevation plane, at off-axis angles from 0[deg] to plus 30[deg].
    (iii) Showing off-axis cross-polarized e.i.r.p. spectral density in 
the azimuth plane, at off-axis angles from minus 10[deg] to plus 
10[deg].
    (iv) Showing off-axis cross-polarized e.i.r.p. spectral density in 
the elevation plane, at off-axis angles from minus 10[deg] to plus 
10[deg]; or
    (2) A series of gain charts or tables, for a production earth 
station antenna, measured on a calibrated antenna range at 6.0 GHz, 
with the Earth station antenna gain envelope set forth in Sec.  
25.209(a) and (b) superimposed, for the same planes and ranges 
enumerated in paragraphs (b)(1)(i) through (b)(1)(iv) of this section, 
that, combined with input power density entered in Schedule B, 
demonstrates that the off-axis e.i.r.p. spectral density envelope set 
forth in paragraphs (a)(1) through (a)(4) of this section will be met; 
or
    (3) A certification that the antenna conforms to the gain pattern 
criteria of Sec.  25.209(a) and (b), that, combined with input power 
density entered in Schedule B, demonstrates that the off-axis e.i.r.p. 
spectral density envelope set forth in paragraphs (a)(1) through (a)(4) 
of this section will be met.
    (c) ESVs receiving and transmitting in the 3700-4200 MHz (space-to-
Earth) and 5925-6425 MHz (Earth-to-space) frequency bands shall operate 
with the following provisions:
    (1) For each ESV transmitter, a record of the ship location (i.e., 
latitude/longitude), transmit frequency, channel bandwidth and 
satellite used shall be time annotated and maintained for a period of 
not less than 1 year. Records will be recorded at time intervals no 
greater than every 20 minutes while the ESV is transmitting. The ESV 
operator will make this data available upon request to a coordinator, 
fixed system operator, fixed-satellite system operator, or the 
Commission within 24 hours of the request.
    (2) ESV operators communicating with vessels of foreign registry 
must maintain detailed information on each vessel's country of registry 
and a point of contact for the relevant administration responsible for 
licensing ESVs.
    (3) ESV operators shall control all ESVs by a Hub earth station 
located in the United States, except that an ESV on U.S.-registered 
vessels may operate under control of a Hub earth station location 
outside the United States provided the ESV operator maintains a point 
of contact within the United States that will have the capability and 
authority to cause an ESV on a U.S.-registered vessel to cease 
transmitting if necessary.
    (4) ESVs, operating while docked, that complete coordination with 
terrestrial stations in the 3700-4200 MHz band in accordance with Sec.  
25.251, shall receive protection from such terrestrial stations in 
accordance with the coordination agreements, for 180 days, renewable 
for 180 days.
    (d) ESVs in motion shall not claim protection from harmful 
interference from any authorized terrestrial stations or lawfully 
operating satellites to which frequencies are either already assigned, 
or may be assigned in the future in the 3700-4200 MHz (space-to-Earth) 
frequency band.
    (e) ESVs operating in the 5925-6425 MHz (Earth-to-space) band, 
within 200 km from the baseline of the United States, or within 200 km 
from a fixed service offshore installation, shall complete coordination 
prior to operation. The coordination method and the interference 
criteria objective shall be determined by the frequency coordinator. 
The details of the coordination shall be maintained and available at 
the frequency coordinator, and shall be filed with the Commission

[[Page 4786]]

to be placed on Public Notice. Operation of each individual ESV may 
commence immediately after the Public Notice is released that 
identifies the notification sent to the Commission. Continuance of 
operation of that ESV for the duration of the coordination term shall 
be dependent upon successful completion of the normal public notice 
process. If any objections are received to the coordination prior to 
the end of the 30-day comment period of the Public Notice, the licensee 
shall immediately cease operation of that particular station until the 
coordination dispute is resolved and the ESV licensee informs the 
Commission of the resolution.
    (f) ESV operators must automatically cease transmission if the ESV 
operates in violation of the terms of its coordination, including, but 
not limited to, conditions related to speed of the vessel or if the ESV 
travels outside the coordinated area, if within 200 km from the 
baseline of the United States, or within 200 km from a fixed service 
offshore installation. Transmissions may be controlled by the ESV 
network. The frequency coordinator may decide whether ESV operators 
should automatically cease transmissions if the vessel falls below a 
prescribed speed within a prescribed geographic area.

0
12. Section 25.222 is added to read as follows:


Sec.  25.222  Blanket Licensing provisions for Earth Stations on 
Vessels (ESVs) receiving in the 10.95-11.2 GHz (space-to-Earth), 11.45-
11.7 GHz (space-to-Earth), 11.7-12.2 GHz (space-to-Earth) frequency 
bands and transmitting in the 14.0-14.5 GHz (Earth-to-space) frequency 
band, operating with Geostationary Satellites in the Fixed-Satellite 
Service.

    (a) All applications for licenses for ESVs receiving in the 10.95-
11.2 GHz (space-to-Earth), 11.45-11.7 GHz (space-to-Earth), 11.7-12.2 
GHz (space-to-Earth) frequency bands, and transmitting in the 14.0-14.5 
GHz (Earth-to-space) frequency band, to Geostationary Satellites in the 
fixed-satellite service shall provide sufficient data to demonstrate 
that the ESV operations meet the following criteria, which are ongoing 
requirements that govern all ESV licensees and operations in these 
bands:
    (1) The off-axis effective isotropically radiated power (e.i.r.p.) 
spectral density for co-polarized signals, emitted from the ESV in the 
plane of the geostationary satellite orbit as it appears at the 
particular earth station location (i.e., the plane determined by the 
focal point of the antenna and the line tangent to the arc of the 
geostationary satellite orbit at the position of the target satellite), 
shall not exceed the following values:

15-25log([thetas]) dBW/4kHz for 1.25[deg]<=[thetas]<= 7.0[deg]
-6 dBW/4kHz for 7.0[deg] <[thetas]<= 9.2[deg]
18-25log([thetas]) dBW/4kHz for 9.2[deg] <[thetas]<= 48[deg]
-24 dBW/4kHz for 48[deg] <[thetas]<= 180[deg]

    (2) In all other directions, the off-axis e.i.r.p. spectral density 
for co-polarized signals emitted from the ESV shall not exceed the 
following values:

18-25log([thetas]) dBW/4kHz for 1.25[deg] <=[thetas]<= 48[deg]
-24 dBW/4kHz for 48[deg] <[thetas]<= 180[deg]

    (3) For [thetas]>7[deg], the values given in paragraphs (a)(1) of 
this section may be exceeded by no more than 10% of the sidelobes, 
provided no individual sidelobe exceeds the criteria given by more than 
3 dB.
    (4) In all directions, the off-axis e.i.r.p. spectral density for 
cross-polarized signals emitted from the ESV shall not exceed the 
following values:

5-25log([thetas]) dBW/4kHz for 1.8[deg] <=[thetas]<=7[deg]
-16 dBW/4kHz for 7[deg] <[thetas]<= 9.2[deg]

Where [thetas] is the angle in degrees from the axis of the main lobe.

    (5) For non-circular ESV antennas, the major axis of the antenna 
will be aligned with the tangent to the geostationary satellite orbital 
arc at the target satellite point, to the extent required to meet 
specified off-axis e.i.r.p. criteria.
    (6) A pointing error of less than 0.2[deg], between the orbital 
location of the target satellite and the axis of the main lobe of the 
ESV antenna.
    (7) All emissions from the ESV shall automatically cease within 100 
milliseconds if the angle between the orbital location of the target 
satellite and the axis of the main lobe of the ESV antenna exceeds 
0.5[deg], and transmission will not resume until such angle is less 
than 0.2[deg].
    (8) There shall be a point of contact in the United States, with 
phone number and address included with the application, available 24 
hours a day, seven days a week, with authority and ability to cease all 
emissions from the ESVs, either directly or through the facilities of a 
U.S. Hub or a Hub located in another country with which the U.S. has a 
bilateral agreement that enables such cessation of emissions.
    (9) ESVs that exceed the radiation guidelines of Sec.  1.1310 of 
this chapter, Radiofrequency radiation exposure limits, must provide, 
with their environmental assessment, a plan for mitigation of radiation 
exposure to the extent required to meet those guidelines.
    (10) There shall be an exhibit included with the application 
describing the geographic area(s) in which the ESVs will operate.
    (b) Applications for ESV operation in the 14.0-14.5 GHz (Earth-to-
space) to geostationary satellites in the fixed-satellite service must 
include, in addition to the particulars of operation identified on Form 
312 and associated Schedule B, the following data for each earth 
station antenna type:
    (1) A series of e.i.r.p. density charts or tables, calculated for a 
production earth station antenna, based on measurements taken on a 
calibrated antenna range at 14.25 GHz, with the off-axis e.i.r.p. 
envelope set forth in paragraphs (a)(1) through (a)(4) of this section 
superimposed, as follows:
    (i) Showing off-axis co-polarized e.i.r.p. spectral density in the 
azimuth plane, for off-axis angles from minus 10[deg] to plus 10[deg] 
and from minus 180[deg] to plus 180[deg].
    (ii) Showing off-axis co-polarized e.i.r.p. spectral density in the 
elevation plane, at off-axis angles from 0[deg] to plus 30[deg].
    (iii) Showing off-axis cross-polarized e.i.r.p. spectral density in 
the azimuth plane, at off-axis angles from minus 10[deg] to plus 
10[deg].
    (iv) Showing off-axis cross-polarized e.i.r.p. spectral density in 
the elevation plane, at off-axis angles from minus 10[deg] to plus 
10[deg]; or
    (2) A series of gain charts or tables, for a production earth 
station antenna, measured on a calibrated antenna range at 14.25 GHz, 
with the Earth station antenna gain envelope set forth in Sec.  
25.209(a) and (b) superimposed, for the same planes and ranges 
enumerated in paragraphs (b)(1)(i) through (b)(1)(iv) of this section, 
that, combined with input power density entered in Schedule B, 
demonstrates that off-axis e.i.r.p. spectral density envelope set forth 
in paragraphs (a)(1) through (a)(4) of this section will be met; or
    (3) A certification that the ESV antenna conforms to the gain 
pattern criteria of Sec.  25.209(a) and (b), that, combined with input 
power density entered in Schedule B, demonstrates that the off-axis 
e.i.r.p. spectral density envelope set forth in paragraphs (a)(1) 
through (a)(4) of this section will be met.
    (c) ESVs receiving in the 10.95-11.2 GHz (space-to-Earth), 11.45-
11.7 GHz (space-to-Earth), 11.7-12.2 GHz (space-to-Earth) frequency 
bands, and transmitting in the 14.0-14.5 GHz (Earth-to-space) frequency 
band shall operate with the following provisions:
    (1) For each ESV transmitter a record of the ship location (i.e., 
latitude/longitude), transmit frequency, channel bandwidth and 
satellite used shall be time annotated and maintained for a period of 
not less than 1 year. Records

[[Page 4787]]

will be recorded at time intervals no greater than every 20 minutes 
while the ESV is transmitting. The ESV operator will make this data 
available upon request to a coordinator, fixed system operator, fixed-
satellite system operator, NTIA, or the Commission within 24 hours of 
the request.
    (2) ESV operators communicating with vessels of foreign registry 
must maintain detailed information on each vessel's country of registry 
and a point of contact for the relevant administration responsible for 
licensing ESVs.
    (3) ESV operators shall control all ESVs by a Hub earth station 
located in the United States, except that an ESV on U.S.-registered 
vessels may operate under control of a Hub earth station location 
outside the United States provided the ESV operator maintains a point 
of contact within the United States that will have the capability and 
authority to cause an ESV on a U.S.-registered vessel to cease 
transmitting if necessary.
    (d) Operations of ESVs in the 14.0-14.2 GHz (Earth-to-space) 
frequency band within 125 km of the NASA TDRSS facilities on Guam 
(located at latitude: 13[deg] 36' 55'' N, longitude 144[deg] 51' 22'' 
E) or White Sands, New Mexico (latitude: 32[deg] 20' 59'' N, longitude 
106[deg] 36' 31'' W and latitude: 32[deg] 32' 40'' N, longitude 
106[deg] 36' 48'' W) are subject to coordination through the National 
Telecommunications and Information Administration (NTIA) 
Interdepartment Radio Advisory Committee (IRAC). When NTIA seeks to 
provide similar protection to future TDRSS sites that have been 
coordinated through the IRAC Frequency Assignment Subcommittee process, 
NTIA will notify the Commission that the site is nearing operational 
status. Upon public notice from the Commission, all Ku-band ESV 
operators must cease operations in the 14.0-14.2 GHz band within 125 km 
of the new TDRSS site until after NTIA/IRAC coordination for the new 
TDRSS facility is complete. ESV operations will then again be permitted 
to operate in the 14.0-14.2 GHz band within 125 km of the new TDRSS 
site, subject to any operational constraints developed in the 
coordination process.
    (e) Operations of ESVs in the 14.47-14.5 GHz (Earth-to-space) 
frequency band within a) 45 km of the radio observatory on St. Croix, 
Virgin Islands (latitude 17[deg] 46' N, longitude 64[deg] 35' W); b) 
125 km of the radio observatory on Mauna Kea, Hawaii (at latitude 
19[deg] 48' N, longitude 155[deg] 28' W); and c) 90 km of the Arecibo 
Observatory on Puerto Rico (latitude 18[deg] 20' 46'' W, longitude 
66[deg] 45' 11'' N) are subject to coordination through the National 
Telecommunications and Information Administration (NTIA) 
Interdepartment Radio Advisory Committee (IRAC).
    (f) In the 10.95-11.2 GHz (space-to-Earth) and 11.45-11.7 GHz 
(space-to-Earth) frequency bands ESVs shall not claim protection from 
interference from any authorized terrestrial stations to which 
frequencies are either already assigned, or may be assigned in the 
future.

0
13. Section 25.271 is amended by revising paragraphs (b) and (c) 
introductory text and adding paragraph (f), to read as follows:


Sec.  25.271  Control of transmitting stations.

* * * * *
    (b) The licensee of a transmitting earth station, other than an 
ESV, licensed under this part shall ensure that a trained operator is 
present on the earth station site, or at a designated remote control 
point for the earth station, at all times that transmissions are being 
conducted. No operator's license is required for a person to operate or 
perform maintenance on facilities authorized under this part.
    (c) Authority will be granted to operate a transmitting earth 
station, other than an ESV, by remote control only on the conditions 
that:
* * * * *
    (f) Rules for control of transmitting ESVs are provided in 
Sec. Sec.  25.221 and 25.222.

0
14. Section 25.277 is amended by revising paragraph (b) and the 
introductory text of paragraph (c) to read as follows:


Sec.  25.277  Temporary fixed earth stations.

* * * * *
    (b) When a station, other than an ESV, authorized as a temporary 
fixed earth station, is to remain at a single location for more than 
six months, application for a regular station authorization at that 
location shall be filed at least 30 days prior to the expiration of the 
six-month period.
    (c) The licensee of an earth station, other than an ESV, which is 
authorized to conduct temporary fixed operations in bands shared co-
equally with terrestrial fixed stations shall provide the following 
information to the Director of the Columbia Operations Center at 9200 
Farmhouse Lane, Columbia, Maryland 21046, and to the licensees of all 
terrestrial facilities lying within the coordination contour of the 
proposed temporary fixed earth station site before beginning 
transmissions:
* * * * *

PART 101--FIXED MICROWAVE SERVICES

0
15. The authority citation for part 101 continues to read as follows:

    Authority: 47 U.S.C. 154, 303.


Sec.  101.101  [Amended]

0
16. Section 101.101 is amended by removing the entries for ``11,700-
12,200'' and ``14,200-14,400'' from the table.

0
17. Section 101.107 is amended by revising footnote 1 to read as 
follows:


Sec.  101.107  Frequency tolerance.

* * * * *
    \1\Applicable only to common carrier LTTS stations. Tolerance 
for 2450-2500 MHz is 0.005%. Beginning Aug. 9, 1975, this tolerance 
will govern the marketing of LTTS equipment and the issuance of all 
such authorizations for new radio equipment. Until that date new 
equipment may be authorized with a frequency tolerance of .03% in 
the frequency range 2,200 to 10,500 MHz and .05% in the range 10,500 
MHz to 12,200 MHz, and equipment so authorized may continue to be 
used for its life provided that it does not cause interference to 
the operation of any other licensee. Beginning March 1, 2005, new 
LTTS operators will not be licensed and existing LTTS licensees will 
not be renewed in the 11.7-12.2 GHz band.
* * * * *

0
18. Section 101.113 is amended by republishing the entry for ``14,200-
14,400'' and by adding footnote 12 in the table of paragraph (a) to 
read as follows:


Sec.  101.113  Transmitter power limitations.

    (a) * * *

------------------------------------------------------------------------
                                                Maximum allowable EIRP
                                                       \1,\ \2\
            Frequency band (MHz)             ---------------------------
                                               Fixed; \1,\     Mobile
                                               \2\  (dBW)       (dBW)
------------------------------------------------------------------------
 
                                * * * * *
14,200-14,400 \12\..........................          +45   ............
 
                                * * * * *
------------------------------------------------------------------------
\12\ Beginning March 1, 2005, no new LTTS operators will be licensed and
  no existing LTTS licensees will be renewed in the 14.2-14.4 GHz band.

* * * * *

0
19. Section 101.147 is amended by revising note (24) in paragraph (a) 
to read as follows:


Sec.  101.147  Frequency assignments.

    (a) * * *

    (24) Frequencies in these bands are available for assignment to 
television pickup and television non-broadcast pickup stations. The 
maximum power for the local television transmission service in the 
14.2-14.4 GHz

[[Page 4788]]

band is +45 dBW except that operations are not permitted within 1.5 
degrees of the geostationary orbit. Beginning March 1, 2005, no new 
LTTS operators will be licensed and no existing LTTS licenses shall 
be issued in the 11.7-12.2 and 14.2-14.4 GHz bands.

* * * * *

0
20. Section 101.803 is amended by revising notes (3) and (8) in 
paragraph (a), the text of paragraph (d) before the notes, and note (3) 
of paragraph (d) to read as follows:


Sec.  101.803  Frequencies.

    (a) * * *

    (3) This frequency band is shared, on a secondary basis, with 
stations in the broadcasting-satellite and fixed-satellite services. 
As of March 1, 2005, no new LTTS operators will be licensed in the 
11.7-12.2 GHz band. LTTS operators authorized prior to March 1, 2005 
may continue to operate in 11.7-12.2 GHz band until their license 
expires; no existing LTTS licenses will be renewed in the 11.7-12.2 
GHz band.
* * * * *
    (8) The maximum power for the local television transmission 
service in the 14.2-14.4 GHz band is +45 dBW except that operations 
are not permitted within 1.5 degrees of the geostationary orbit. As 
of March 1, 2005, no new LTTS operators will be licensed in the 
14.2-14.4 GHz band. LTTS operators authorized prior to March 1, 2005 
may continue to operate in 14.2-14.4 GHz band until their license 
expires; no existing LTTS licenses will be renewed in the 11.7-12.2 
GHz band.

* * * * *
    (d) Frequencies in the following bands are available for assignment 
to television STL stations in this service:

3,700 to 4,200 MHz (1)
5,925 to 6,425 MHz (1),(5)
10,700 to 11,700 MHz (1),(6)
11,700 to 12,100 MHz (3)
13,200 to 13,250 MHz (2)
21,200 to 22,000 MHz (2),(4),(7),(8)
22,000 to 23,600 MHz (2),(6),(8)
31,000 to 31,300 MHz (9)

* * * * *
    (3) This frequency band is shared with space stations (space to 
earth) in the fixed-satellite service. As of March 1, 2005, no new 
LTTS operators will be licensed in the 11.7-12.2 GHz band. LTTS 
operators authorized prior to March 1, 2005 may continue to operate 
in 11.7-12.2 GHz band until their license expires; no existing LTTS 
licenses will be renewed in the 11.7-12.2 GHz band.

* * * * *

0
21. Section 101.809 is amended in the table of paragraph (d) by 
republishing the entry for ``10,700 to 12,200'' and by adding footnote 
2 to read as follows:


Sec.  101.809  Bandwidth and emission limitations.

* * * * *
    (d) * * *

                           Maximum Authorized
------------------------------------------------------------------------
                                                              Bandwidth
                   Frequency band (MHz)                         (MHz)
------------------------------------------------------------------------
 
                                * * * * *
10,700 to 12,200..........................................     \1 2\ 40
 
                               * * * * *
------------------------------------------------------------------------
\2\ As of March 1, 2005, no new LTTS operators will be licensed in the
  11.7-12.2 GHz band. LTTS operators authorized prior to March 1, 2005
  may continue to operate in 11.7-12.2 GHz band until their license
  expires; no existing LTTS licensees will be renewed in the 11.7-12.2
  GHz band.

* * * * *
[FR Doc. 05-1359 Filed 1-28-05; 8:45 am]
BILLING CODE 6712-01-P