[Federal Register Volume 70, Number 70 (Wednesday, April 13, 2005)]
[Rules and Regulations]
[Pages 19316-19321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7180]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 01-185, FCC 05-30]


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

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document is a summary of the Memorandum Opinion and Order 
and Second Order on Reconsideration adopted by the Commission in this 
proceeding. The Commission reaffirmed its decision to allow satellite 
operators to integrate Ancillary Terrestrial Components (ATC) to 
existing Mobile Satellite Service (MSS) systems and amended the service 
rules governing ATC to provide greater flexibility for MSS operators to 
design and deploy ATC, while protecting other users in the bands. The 
new rules will further the Commission's goals of development and rapid 
deployment of new technologies, products, and services for the benefit 
of the public, including those residing in rural areas, and efficient 
and intensive use of the electromagnetic spectrum.

DATES: Effective May 13, 2005.

FOR FURTHER INFORMATION CONTACT: Sean O'More, Howard Griboff, or Paul 
Locke, Policy Division, International Bureau, (202) 418-1460.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memorandum Opinion and Order and Second Order on Reconsideration in IB 
Docket No. 01-185, FCC No. 05-30, adopted February 10, 2005 and 
released on February 25, 2005. 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). The document is also 
available for download over the Internet at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-30A1.doc. 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.

Summary of Memorandum Opinion and Order and Second Order on 
Reconsideration

    On February 10, 2003, the Commission released a Report and Order 
(MSS Flexibility R&O) in this proceeding (68 FR 33640, June 5, 2003). 
The MSS Flexibility R&O permitted MSS operators to provide integrated 
ATC within their assigned MSS spectrum, and adopted rules pertaining to 
the licensing and operation of ATC systems. The Commission established 
a set of prerequisites, known as ``gating criteria,'' that MSS 
operators would have to satisfy in order to add ATC to their systems. 
The Commission also established technical rules to ensure that ATC did 
not interfere with other MSS operators' systems or with other services. 
Finally, the Commission concluded that ATC authority would be granted 
by modifying MSS operators' current licenses, and that ATC authority 
would not be granted by competitive bidding. On July 3, 2003, the 
Commission released an Order on Reconsideration (Sua Sponte Order) (68 
FR 47856, August 12, 2003), which clarified certain aspects of the MSS 
Flexibility R&O.
    On February 10, 2005, the Commission adopted the Memorandum Opinion 
and Order and Second Order on Reconsideration in this proceeding. The 
Memorandum Opinion and Order and Second Order on Reconsideration amends 
the licensing and service rules for ATC in the 2000-2020 and 2180-2200 
MHz bands (the 2 GHz MSS band), the 1525-1559 MHz and 1626.5-1660.5 MHz 
bands (the L-band), and the 1610-1626.5 MHz and 2483.5-2500 MHz bands 
(the Big LEO band). MSS can provide mobile communications at any 
location in the United States, including rural and remote areas and 
offshore maritime areas where communications by terrestrial mobile 
systems are often unavailable. In some areas, however, particularly 
urban areas, the communications signal from the MSS satellite can be 
blocked by tall buildings. For this reason, there are areas where MSS 
communications are not available. ATC will provide integrated 
communications coverage in these areas, allowing MSS/ATC to offer 
ubiquitous service to consumers.
    The Memorandum Opinion and Order and Second Order on 
Reconsideration responded to petitions for reconsideration of the MSS 
Flexibility R&O and Sua Sponte Order in four major areas: (1) Gating 
criteria, (2) uplink interference, (3) downlink interference, and (4) 
licensing rules.
    Gating Criteria. The Memorandum Opinion and Order and Second Order 
on Reconsideration considered requests to change the gating criteria 
which MSS operators must meet in order to provide ATC. The Commission 
declined to require that a percentage of MSS/ATC system capacity must 
be reserved for MSS operations. The Commission also declined to require 
MSS/ATC user terminals, such as handsets, to attempt to contact the 
satellite before communicating through the ATC. The Commission also 
clarified the meaning of the term ``dual-mode device,'' the prohibition 
on offering ATC-only service, and the requirement that an MSS operator 
must satisfy the gating criteria in each band in which it seeks to 
offer ATC.
    Uplink Interference. The Memorandum Opinion and Order and Second 
Order on Reconsideration

[[Page 19317]]

changes the basis of the uplink interference rules in the L-band. 
Previously, the technical rules designed to limit uplink interference 
to the MSS/ATC operator's own satellite and the satellites of other MSS 
operators were a detailed set of restrictions on ATC base stations and 
handsets. The Commission reconsidered these rules, and replaced them 
with limits on the overall amount of interference an MSS/ATC system, as 
a whole, may cause to other MSS systems in the L-band.
    Downlink Interference. The Memorandum Opinion and Order and Second 
Order on Reconsideration increased the maximum power of ATC base 
stations in the L-band. The power limits on ATC base stations in the 
MSS Flexibility R&O were based on an assumed MSS user terminal receiver 
tolerance level for interference of -60 dBm. The Commission staff 
tested representative MSS user terminals and determined that the 
correct tolerance level for interference of these terminals is -52 dBm. 
This justifies an 8 dB increase in the maximum power of ATC base 
stations, and in the power flux density (PFD) that ATC base stations 
may produce near airports and waterways. In order to provide extra 
interference protection for the 1544-1545 MHz sub-band, which is used 
for distress and safety communications, the Commission retained the 
former ATC base station power limits in the 1541.5-1547.5 MHz sub-band, 
based on measurements that demonstrate lower MSS terminal tolerance for 
interference from interfering signals close to the desired signal. The 
Commission also required MSS/ATC operators to coordinate with other MSS 
operators when there was a likelihood that third-order intermodulation 
from ATC base stations could cause harmful interference to MSS 
terminals. In addition, the Commission noted that grant of future ATC 
applications will be coordinated with the National Telecommunications 
and Information Administration, pursuant to the general notification 
process, to assure adequate protection of the Radionavigation Satellite 
Service (RNSS) signals in the 1559-1610 MHz band.
    Licensing Rules. The Memorandum Opinion and Order and Second Order 
on Reconsideration reconsidered the licensing rules for ATC, and 
amended the rules to allow non-operational MSS operators to demonstrate 
that they would soon meet the gating criteria. Upon a substantial 
showing, the Commission will grant ATC authorization to these non-
operations MSS operators so they may begin ATC operations at the same 
time they begin MSS operations. The Commission also reconsidered and 
reaffirmed its decision that ATC authority is not eligible for 
assignment by competitive bidding.

Procedural Matters

Paperwork Reduction Act Analysis

    The Memorandum Opinion and Order and Second Order on 
Reconsideration does not contain information collections subject to the 
Paperwork Reduction Act of 1995 (PRA), Public Law No. 104-13. It also, 
therefore, does not contain any new or modified ``information 
collection burden for small business concerns with fewer than 25 
employees,'' pursuant to the Small Business Paperwork Relief Act of 
2002, Public Law No. 107-198, see 44 U.S.C. 3506(c)(4).

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.'' (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 
Small Business Administration (SBA).
    As required by the RFA, an Initial Regulatory Flexibility Analysis 
(IRFA) was incorporated in the MSS Flexibility Notice, (68 FR 33666, 
June 5, 2003) and no parties responded to the IRFA. After a review of 
the policies and rules adopted in the MSS Flexibility R&O, the 
Commission determined that there would be no significant impact on a 
substantial number of small entities. Thus, a Final Regulatory 
Flexibility Certification was included in the MSS Flexibility R&O.
    In addressing the issues raised by the parties seeking 
reconsideration of the MSS Flexibility R&O, no parties commented on the 
regulatory flexibility certification. We certify that the policies and 
rules adopted in the Memorandum Opinion and Order and Second Order on 
Reconsideration will not have a significant impact on a substantial 
number of small entities.
    We are incorporating the Final Regulatory Analysis Certification 
contained in the MSS Flexibility R&O into this proceeding. In our 
reconsideration of the petitions in this proceeding, we modify our 
rules that permit the addition of ATC to MSS systems. We change certain 
technical standards for ATC in the L-band, in order to permit MSS/ATC 
licenses flexibility in designing and operating their ATC while at the 
same time preventing harmful interference from ATC to co-primary MSS 
licensees in the L-band. In addition, we will allow certain increases 
in ATC base station power. We also modify the rules for authorizing MSS 
operators to add ATC to their networks. We expect that these changes 
will facilitate the development of MSS/ATC. We believe that all 
entities, both large and small, will have the flexibility to design 
their systems to meet their customers' needs. The policies and rules 
adopted in this proceeding are essentially technical changes that will 
provide equal opportunity for operational and non-operational MSS 
systems to add ATC without undue delay.
    We believe that the policies and rules adopted in this proceeding--
which bring additional flexibility to existing MSS licensees--will not 
affect a substantial number of small entities. There are currently five 
2 GHz MSS licensees, two Big LEO MSS licensees and three L-band MSS 
licensees authorized to provide service in the United States. Although 
at least one of the 2 GHz MSS system licensees and one of the Big LEO 
licensees are small businesses, small businesses often do not have the 
financial ability to become MSS system operators because of the high 
implementation costs associated with satellite systems and services. We 
expect that, by the time of MSS ATC system implementation, these 
current

[[Page 19318]]

small businesses will no longer be considered small due to the capital 
requirements for launching and operating a proposed system.
    Therefore, we certify that the requirements of the Memorandum 
Opinion and Order and Second Order on Reconsideration will not have a 
significant economic impact on a substantial number of small entities.
    The Commission will send a copy of the Memorandum Opinion and Order 
and Second Order on Reconsideration, including a copy of this Final 
Regulatory Flexibility Certification, in a report to Congress pursuant 
to the Congressional Review Act (see 5 U.S.C. 801(a)(1)(A)).

Ordering Clauses

    Pursuant to sections 4(i), 7, 302, 303(c), 303(e), 303(f) and 
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
157, 302, 303(c), 303(e), 303(f) and 303(r), this Memorandum Opinion 
and Order and Second Order on Reconsideration is adopted and that part 
25 of the Commission's rules is amended, as specified in the Final 
rule, effective May 13, 2005.
    The Petitions for Reconsideration of the MSS Flexibility R&O filed 
by Cingular Wireless LLC, the Society of Broadcast Engineers, Inc., and 
Cellular Telecommunications & Internet Association are granted in part 
and denied in part.
    The Petitions for Reconsideration of the MSS Flexibility R&O filed 
by Mobile Satellite Ventures Subsidiary LLC and Inmarsat Ventures PLC 
are granted in part, dismissed as moot in parte, and denied in part.
    The Petition for Reconsideration of the MSS Flexibility R&O filed 
by the Boeing Co. is granted in part and denied in part.
    The Petition for Reconsideration of the Sua Sponte Order filed by 
the Boeing Co. is granted in part and denied in part.
    The Final Regulatory Flexibility Certification, as required by 
section 604 of the Regulatory Flexibility Act, is adopted.
    The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Memorandum 
Opinion and Order and Second Order on Reconsideration, including the 
Final Regulatory Flexibility Certification, to the Chief Counsel for 
Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 25

    Radio, Satellites, Telecommunications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rule

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR Part 25 as follows:

PART 25--SATELLITE COMMUNICATIONS

0
1. 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
2. Section 25.149 is amended by adding a note to paragraph (a)(1) and 
by revising paragraph (b)(1)(i) to read as follows:


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

    (a) * * *
    (1) * * *

    Note to paragraph (a)(1): An L-band MSS licensee is permitted to 
apply for ATC authorization based on a non-forward-band mode of 
operation provided it is able to demonstrate that the use of a non-
forward-band mode of operation would produce no greater potential 
interference than that produced as a result of implementing the 
rules of this section.

* * * * *
    (b) * * *
    (1) * * *
    (i) For the 2 GHz MSS band, an applicant must demonstrate that it 
can provide space-segment service covering all 50 states, Puerto Rico, 
and the U.S. Virgin Islands one-hundred percent of the time, unless it 
is not technically possible, consistent with the coverage requirements 
for 2 GHz MSS GSO operators.
* * * * *

0
3. Section 25.201 is amended by revising the definition of ``Ancillary 
terrestrial component'' to read as follows:


Sec.  25.201  Definitions.

* * * * *
    Ancillary terrestrial component. The term ``ancillary terrestrial 
component'' means a terrestrial communications network used in 
conjunction with a qualifying satellite network system authorized 
pursuant to these rules and the conditions established in the Orders 
issued in IB Docket No. 01-185, Flexibility for Delivery of 
Communications by Mobile Satellite Service Providers in the 2 GHz Band, 
the L-Band, and the 1.6/2.4 GHz Band.
* * * * *

0
4. Section 25.216 is amended by revising paragraph (i) to read as 
follows:


Sec.  25.216  Limits on emissions from mobile earth stations for 
protection of aeronautical radionavigation-satellite service.

* * * * *
    (i) The e.i.r.p density of carrier-off state emissions from mobile 
earth stations manufactured more than six months after Federal Register 
publication of the rule changes adopted in FCC 03-283 with assigned 
uplink frequencies between 1 and 3 GHz shall not exceed -80 dBW/MHz in 
the 1559-1610 MHz band averaged over any two millisecond interval.
* * * * *
0
5. Section 25.252 is amended by revising paragraphs (a)(7) and (b)(3) 
to read as follows:


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

    (a) * * *
    (7) Generate EIRP density, averaged over any two millisecond active 
transmission interval, greater than -70 dBW/MHz in the 1559-1610 MHz 
band. The EIRP, measured over any two millisecond active transmission 
interval, of discrete out-of-band emissions of less than 700 Hz 
bandwidth from such base stations, shall not exceed -80 dBW in the 
1559-1610 MHz band. A root-mean-square detector function with a 
resolution bandwidth of one megahertz or equivalent and no less video 
bandwidth shall be used to measure wideband EIRP density for purposes 
of this rule, and narrowband EIRP shall be measured with a root-mean-
square detector function with a resolution bandwidth of one kilohertz 
or equivalent.
* * * * *
    (b) * * *
    (3) Not generate EIRP density, averaged over any two-millisecond 
active transmission interval, greater than -70 dBW/MHz in the 1559-1610 
MHz band. The EIRP, measured over any two-millisecond active 
transmission interval, of discrete out-of-band emissions of less than 
700 Hz bandwidth from such mobile terminals shall not exceed -80 dBW in 
the 1559-1610 MHz band. The EIRP density of carrier-off-state emissions 
from such mobile terminals shall not exceed -80 dBW/MHz in the 1559-
1610 MHz band, averaged over a two-millisecond interval. A root-mean-
square detector

[[Page 19319]]

function with a resolution bandwidth of one megahertz or equivalent and 
no less video bandwidth shall be used to measure wideband EIRP density 
for purposes of this rule, and narrowband EIRP shall be measured with a 
root-mean-square detector function with a resolution bandwidth of one 
kilohertz or equivalent.
* * * * *

0
6. Section 25.253 is revised to read as follows:


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

    (a) An ancillary terrestrial component in these bands shall:
    (1) In any band segment coordinated for the exclusive use of an MSS 
applicant within the land area of the U.S., where there is no other L-
Band MSS satellite making use of that band segment within the visible 
portion of the geostationary arc as seen from the ATC coverage area, 
the ATC system will be limited by the in-band and out-of-band emission 
limitations contained in this section and the requirement to maintain a 
substantial MSS service.
    (2) In any band segment that is coordinated for the shared use of 
the applicant's MSS system and another MSS operator, where the 
coordination agreement existed prior to February 10, 2005 and permits a 
level of interference to the other MSS system of less than 6% [Delta]T/
T, the applicant's combined ATC and MSS operations shall increase the 
system noise level of the other MSS to no more then 6% [Delta]T/T. Any 
future coordination agreement between the parties governing ATC 
operation will supersede this paragraph.
    (3) In any band segment that is coordinated for the shared use of 
the applicant's MSS system and another MSS operator, where a 
coordination agreement existed prior to February 10, 2005 and permits a 
level of interference to the other MSS system of 6% [Delta]T/T or 
greater, the applicant's ATC operations may increase the system noise 
level of the other MSS system by no more than an additional 1% 
[Delta]T/T. Any future coordination agreement between the parties 
governing ATC operations will supersede this paragraph.
    (4) In a band segment in which the applicant has no rights under a 
coordination agreement, the applicant may not implement ATC in that 
band.
    (b) ATC base stations shall not exceed an out-of-channel emissions 
measurement of -57.9 dBW/MHz at the edge of a MSS licensee's authorized 
and internationally coordinated MSS frequency assignment.
    (c) An applicant for an ancillary terrestrial component in these 
bands shall:
    (1) Demonstrate, at the time of application, how its ATC network 
will comply with the requirements of footnotes US308 and US315 to the 
table of frequency allocations contained in Sec.  2.106 of this chapter 
regarding priority and preemptive access to the L-band MSS spectrum by 
the aeronautical mobile-satellite en-route service (AMS(R)S) and the 
global maritime distress and safety system (GMDSS).
    (2) Coordinate with the terrestrial CMRS operators prior to 
initiating ATC transmissions when co-locating ATC base stations with 
terrestrial commercial mobile radio service (CMRS) base stations that 
make use of Global Positioning System (GPS) time-based receivers.
    (3) Provide, at the time of application, calculations that 
demonstrate the ATC system conforms to the [Delta]T/T requirements in 
paragraphs (a)(2) and (a)(3) of this section, if a coordination 
agreement that incorporates the ATC operations does not exist with 
other MSS operators.
    (d) Applicants for an ancillary terrestrial component in these 
bands must demonstrate that ATC base stations shall not:
    (1) Exceed a peak EIRP of 31.9-10*log (number of carriers) dBW/
200kHz, per sector, for each carrier in the 1525-1541.5 MHz and 1547.5-
1559 MHz frequency bands;
    (2) Exceed an EIRP in any direction toward the physical horizon 
(not to include man-made structures) of 26.9-10*log (number of 
carriers) dBW/200 kHz, per sector, for each carrier in the 1525-1541.5 
MHz and 1547.5-1559 MHz frequency bands;
    (3) Exceed a peak EIRP of 23.9 -10*log(number of carriers) dBW/200 
kHz, per sector, for each carrier in the 1541.5-1547.5 MHz frequency 
band;
    (4) Exceed an EIRP toward the physical horizon (not to include man-
made structures) of 18.9--10*log(number of carriers) dBW/200 kHz, per 
sector, for each carrier in the 1541.5-1547.5 MHz frequency band;
    (5) Exceed a total power flux density level of -56.8 dBW/
m2/200 kHz at the edge of all airport runways and aircraft 
stand areas, including takeoff and landing paths from all carriers 
operating in the 1525-1559 MHz frequency bands. The total power flux 
density here is the sum of all power flux density values associated 
with all carriers in a sector in the 1525-1559 MHz frequency band, 
expressed in dB(Watts/m2/200 kHz). Free-space loss must be 
assumed if this requirement is demonstrated via calculation;
    (6) Exceed a total power flux density level of -56.6 dBW/ 
m2/200 kHz at the water's edge of any navigable waterway 
from all carriers operating in the 1525-1541.5 MHz and 1547.5-1559 MHz 
frequency bands. The total power flux density here is the sum of all 
power flux density values associated with all carriers in a sector in 
the 1525-1541.5 MHz and 1547.5-1559 MHz frequency bands, expressed in 
dB(Watts/m2/200 kHz). Free-space loss must be assumed if 
this requirement is demonstrated via calculation;
    (7) Exceed a total power flux density level of -64.6 dBW/ 
m2/200 kHz at the water's edge of any navigable waterway 
from all carriers operating in the 1541.5-1547.5 MHz frequency band. 
The total power flux density here is the sum of all power flux density 
values associated with all carriers in a sector in the 1541.5-1547.5 
MHz frequency band, expressed in dB(Watts/m2/200 kHz). Free-
space loss must be assumed if this requirement is demonstrated via 
calculation;
    (8) Exceed a peak antenna gain of 16 dBi;
    (9) Generate EIRP density, averaged over any two-millisecond active 
transmission interval, greater than -70 dBW/MHz in the 1559-1605 MHz 
band or greater than a level determined by linear interpolation in the 
1605-1610 MHz band, from -70 dBW/MHz at 1605 MHz to -46 dBW/MHz at 1610 
MHz. The EIRP, averaged over any two-millisecond active transmission 
interval, of discrete out-of-band emissions of less than 700 Hz 
bandwidth from such base stations shall not exceed -80 dBW in the 1559-
1605 MHz band or exceed a level determined by linear interpolation in 
the 1605-1610 MHz band, from -80 dBW at 1605 MHz to -56 dBW at 1610 
MHz. A root-mean-square detector function with a resolution bandwidth 
of one megahertz or equivalent and no less video bandwidth shall be 
used to measure wideband EIRP density for purposes of this rule, and 
narrowband EIRP shall be measured with a root-mean-square detector 
function with a resolution bandwidth of one kilohertz or equivalent.
    (e) Applicants for an ancillary terrestrial component in these 
bands must demonstrate, at the time of the application, that ATC base 
stations shall use left-hand-circular polarization antennas with a 
maximum gain of 16 dBi and overhead gain suppression according to the 
following:

[[Page 19320]]



------------------------------------------------------------------------
 Angle from direction of maximum
  gain, in vertical plane, above    Antenna discrimination pattern (dB)
        antenna (degrees)
------------------------------------------------------------------------
0................................  Gmax
5................................  Not to Exceed Gmax -5
10...............................  Not to Exceed Gmax -19
15 to 55.........................  Not to Exceed Gmax -27
55 to 145........................  Not to Exceed Gmax -30
145 to 180.......................  Not to Exceed Gmax -26
------------------------------------------------------------------------

    Where: Gmax is the maximum gain of the base station antenna in dBi.
    (f) Prior to operation, ancillary terrestrial component licensees 
shall:
    (1) Provide the Commission with sufficient information to complete 
coordination of ATC base stations with Search-and-Rescue Satellite-
Aided Tracking (SARSAT) earth stations operating in the 1544-1545 MHz 
band for any ATC base station located either within 27 km of a SARSAT 
station, or within radio horizon of the SARSAT station, whichever is 
less.
    (2) Take all practicable steps to avoid locating ATC base stations 
within radio line of sight of Mobile Aeronautical Telemetry (MAT) 
receive sites in order to protect U.S. MAT systems consistent with ITU-
R Recommendation ITU-R M.1459. MSS ATC base stations located within 
radio line of sight of a MAT receiver must be coordinated with the 
Aerospace and Flight Test Radio Coordinating Council (AFTRCC) for non-
Government MAT receivers on a case-by-case basis prior to operation. 
For government MAT receivers, the MSS licensee shall supply sufficient 
information to the Commission to allow coordination to take place. A 
listing of current and planned MAT receiver sites can be obtained from 
AFTRCC for non-Government sites and through the FCC's IRAC Liaison for 
Government MAT receiver sites.
    (g) ATC mobile terminals shall:
    (1) Be limited to a peak EIRP level of 0 dBW and an out-of-channel 
emissions of -67 dBW/4 kHz at the edge of an MSS licensee's authorized 
and internationally coordinated MSS frequency assignment.
    (2) Be operated in a fashion that takes all practicable steps to 
avoid causing interference to U.S. radio astronomy service (RAS) 
observations in the 1660-1660.5 MHz band.
    (3) Not generate EIRP density, averaged over any two-millisecond 
active transmission interval, greater than -70 dBW/MHz in the 1559-1605 
MHz band or greater than a level determined by linear interpolation in 
the 1605-1610 MHz band, from -70 dBW/MHz at 1605 MHz to -46 dBW/MHz at 
1610 MHz. The EIRP, averaged over any two-millisecond active 
transmission interval, of discrete out-of-band emissions of less than 
700 Hz bandwidth from such mobile terminals shall not exceed -80 dBW in 
the 1559-1605 MHz band or exceed a level determined by linear 
interpolation in the 1605-1610 MHz band, from -80 dBW at 1605 MHz to -
56 dBW at 1610 MHz. The EIRP density of carrier-off-state emissions 
from such mobile terminals shall not exceed -80 dBW/MHz in the 1559-
1610 MHz band, averaged over a two-millisecond interval. A root-mean-
square detector function with a resolution bandwidth of one megahertz 
or equivalent and no less video bandwidth shall be used to measure 
wideband EIRP density for purposes of this rule, and narrowband EIRP 
shall be measured with a root-mean-square detector function with a 
resolution bandwidth of one kilohertz or equivalent.
    (h) When implementing multiple base stations and/or base stations 
using multiple carriers, where any third-order intermodulation product 
of these base stations falls on an L-band MSS band coordinated for use 
by another MSS operator with rights to the coordinated band, the MSS 
ATC licensee must notify the MSS operator. The MSS operator may request 
coordination to modify the base station carrier frequencies, or to 
reduce the maximum base station EIRP on the frequencies contributing to 
the third-order intermodulation products. The threshold for this 
notification and coordination is when the sum of the calculated signal 
levels received by an MSS receiver exceeds -70 dBm. The MSS receiver 
used in these calculations can be assumed to have an antenna with 0 dBi 
gain. Free-space propagation between the base station antennas and the 
MSS terminals can be assumed and actual signal polarizations for the 
ATC signals and the MSS system may be used.

0
7. Section 25.254 is amended by revising paragraphs (a)(4) and (b)(4) 
as follows:


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

    (a) * * *
    (4) Base stations operating in frequencies above 2483.5 MHz shall 
not generate EIRP density, averaged over any two-millisecond active 
transmission interval, greater than -70 dBW/MHz in the 1559-1610 MHz 
band. The EIRP, averaged over any two-millisecond active transmission 
interval, of discrete out-of-band emissions of less than 700 Hz 
bandwidth from such base stations shall not exceed -80 dBW in the 1559-
1610 MHz band. A root-mean-square detector function with a resolution 
bandwidth of one megahertz or equivalent and no less video bandwidth 
shall be used to measure wideband EIRP density for purposes of this 
rule, and narrowband EIRP shall be measured with a root-mean-square 
detector function with a resolution bandwidth of one kilohertz or 
equivalent.
* * * * *
    (b) * * *
    (4) ATC mobile terminals operating in assigned frequencies in the 
1610-1626.5 MHz band shall not generate EIRP density, averaged over any 
two-millisecond active transmission interval, greater than -70 dBW/MHz 
in the 1559-1605 MHz band or greater than a level determined by linear 
interpolation in the 1605-1610 MHz band, from -70 dBW/MHz at 1605 MHz 
to -10 dBW/MHz at 1610 MHz. The EIRP, averaged over any two-millisecond 
active transmission interval, of discrete out-of-band emissions of less 
than 700 Hz bandwidth from such mobile terminals shall not exceed -80 
dBW in the 1559-1605 MHz band or exceed a level determined by linear 
interpolation in the 1605-1610 MHz band, from -80 dBW at 1605 MHz to -
20 dBW at 1610 MHz. The EIRP density of carrier-off-state emissions 
from such mobile terminals shall not exceed -80 dBW/MHz in the 1559-
1610 MHz band, averaged over a two-millisecond interval. A root-mean-
square detector function with a resolution bandwidth of one megahertz 
or equivalent and no less video bandwidth shall be used to measure 
wideband EIRP density for purposes of this rule, and narrowband EIRP 
shall be measured with a root-mean-square detector function with a

[[Page 19321]]

resolution bandwidth of one kilohertz or equivalent.
* * * * *

[FR Doc. 05-7180 Filed 4-12-05; 8:45 am]
BILLING CODE 6712-01-P