[Federal Register Volume 70, Number 109 (Wednesday, June 8, 2005)]
[Rules and Regulations]
[Pages 33373-33377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11171]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[IB Docket No. 00-248; FCC 05-62]
Satellite Licensing Procedures
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Commission adopts revisions to its
antenna gain pattern rules, and adopts new rules for Very Small
Aperture Terminal (VSAT) networks and other networks using certain
multiple access techniques.
DATES: Effective July 8, 2005, except for the amendments to Sec. Sec.
25.134 and 25.212, which will take effect on September 30, 2005.
FOR FURTHER INFORMATION CONTACT: Steven Spaeth, Satellite Division,
International Bureau, telephone (202) 418-1539 or via the Internet at
[email protected].
SUPPLEMENTARY INFORMATION: This summary of the Commission's Sixth
Report and Order, IB Docket No. 00-248, FCC 05-62, adopted March 10,
2005, and released on March 15, 2005. The complete text of this Sixth
Report and Order is available for inspection and copying during normal
business hours in the FCC Reference Center (Room), 445 12th Street,
SW., Washington, DC 20554, and also may be purchased from the
Commission's copy contractor, Best Copy and Printing, Inc., Portals II,
445 12th Street, SW., Room CY-B402, Washington, DC 20554. It is also
available on the Commission's Web site at http://www.fcc.gov.
Paperwork Reduction Act Analysis: The actions taken in the Sixth
Report and Order have been analyzed with respect to the Paperwork
Reduction Act of 1995 (PRA), Pub. L. 104-13, and have been found not to
impose any new or modified reporting requirements or burdens on the
public.
Regulatory Flexibility Analysis: As required by the Regulatory
Flexibility Act of 1980, as amended (RFA),\1\ an Initial Regulatory
Flexibility Analysis (IRFA) was incorporated in the Notice of Proposed
Rule Making (Notice) and the Further Notice of Proposed Rulemaking
(Further Notice) in IB Docket No. 00-248.\2\ The Commission sought
written
[[Page 33374]]
public comment on the proposals in the Notice and Further Notice,
including comment on the IRFA. This Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA.\3\
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\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA), Title II, 110 Stat. 857 (1996).
\2\ 2000 Biennial Regulatory Review--Streamlining and Other
Revisions of part 25 of the Commission's Rules Governing the
Licensing of, and Spectrum Usage by, Satellite Network Earth
Stations and Space Stations, Notice of Proposed Rulemaking, IB
Docket No. 00-248, 15 FCC Rcd 25128 (2000) (Notice); 2000 Biennial
Regulatory Review--Streamlining and Other Revisions of part 25 of
the Commission's Rules Governing the Licensing of, and Spectrum
Usage by, Satellite Network Earth Stations and Space Stations,
Notice of Proposed Rulemaking, IB Docket No. 00-248, 17 FCC Rcd
18585 (2002) (Further Notice).
\3\ See 5 U.S.C. 604.
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A. Need for, and Objectives of, the Report and Order
The Telecommunications Act of 1996 requires the Commission in every
even-numbered year beginning in 1998 to review all regulations that
apply to the operations or activities of any provider of
telecommunications service and to determine whether any such regulation
is no longer necessary in the public interest due to meaningful
economic competition. Our objective is to repeal or modify any rules in
part 25 that are no longer necessary in the public interest, as
required by section 11 of the Communications Act of 1934, as amended.
Specifically, in this Sixth Report and Order, the Commission
increases the starting point for the earth station antenna gain pattern
envelope, from 1.0[deg] to 1.5[deg] off-axis in the C-band, and from
1.25[deg] to 1.5[deg] off-axis in the Ku-band. This will allow the
Commission to increase the number of earth station applications
eligible for routine treatment. The Commission also adopts new rules to
clarify the requirements for very small aperture terminal (VSAT)
networks using reservation protocols.
B. Summary of Significant Issues Raised by Public Comments In Response
to the IRFA
No comments were submitted directly in response to the IRFAs in
either the Notice or the Further Notice.
C. Description and Estimate of the Number of Small Entities to Which
Rules Will Apply
The RFA directs agencies to provide a description of, and, where
feasible, an estimate of, the number of small entities that may be
affected by the rules adopted herein.\4\ 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\ In addition, the term ``small business'' has the
same meaning as the term ``small business concern'' under the Small
Business Act.\6\ 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).\7\
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\4\ 5 U.S.C. 604(a)(3).
\5\ 5 U.S.C. 601(6).
\6\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the
RFA, 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.'' 5 U.S.C. 601(3).
\7\ Small Business Act, 15 U.S.C. 632 (1996).
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1. Cable Services. The SBA has developed a small business size
standard for Cable and Other Program Distribution, which consists of
all such firms having $12.5 million or less in annual receipts.\8\
According to Census Bureau data for 1997, in this category there was a
total of 1,311 firms that operated for the entire year.\9\ Of this
total, 1,180 firms had annual receipts of under $10 million, and an
additional fifty-two firms had receipts of $10 million to
$24,999,999.\10\ Thus, under this size standard, the majority of firms
can be considered small.
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\8\ 13 CFR 121.201, NAICS code 517510.
\9\ U.S. Census Bureau, 1997 Economic Census, Subject Series:
Information, ``Establishment and Firm Size (Including Legal Form of
Organization),'' Table 4, NAICS code 513220 (issued October 2000).
\10\ Id.
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The Commission has developed its own small business size standard
for a small cable operator for the purposes of rate regulation. Under
the Commission's rules, a ``small cable company'' is one serving fewer
than 400,000 subscribers nationwide.\11\ Based on our most recent
information, we estimate that there were 1,439 cable operators that
qualified as small cable companies at the end of 1995.\12\ Since then,
some of those companies may have grown to serve over 400,000
subscribers, and others may have been involved in transactions that
caused them to be combined with other cable operators. Consequently, we
estimate that there are fewer than 1,439 small cable companies that may
be affected by the proposed rules.
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\11\ 47 CFR 76.901(e). The Commission developed this definition
based on its determinations that a small cable company is one with
annual revenues of $100 million or less. See Implementation of
Sections of the Cable Television Consumer Protection and Competition
Act of 1992: Rate Regulation, MM Docket Nos. 92-266 and 93-215,
Sixth Report and Order and Eleventh Order on Reconsideration, 10 FCC
Rcd 7393, 7408-7409 ]] 28-30 (1995).
\12\ Paul Kagan Assocs., Inc., Cable TV Investor, Feb. 29, 1996
(based on figures for Dec. 30, 1995).
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The Communications Act of 1934, as amended, also contains a size
standard for a ``small cable operator,'' which is ``a cable operator
that, directly or through an affiliate, serves in the aggregate fewer
than one percent of all subscribers in the United States and is not
affiliated with any entity or entities whose gross annual revenues in
the aggregate exceed $250,000,000.'' \13\ The Commission has determined
that there are 67,700,000 subscribers in the United States.\14\
Therefore, an operator serving fewer than 677,000 subscribers shall be
deemed a small operator, if its annual revenues, when combined with the
total annual revenues of all of its affiliates, do not exceed $250
million in the aggregate.\15\ Based on available data, we estimate that
the number of cable operators serving 677,000 subscribers or less
totals approximately 1,450.\16\ We do not request or collect
information on whether cable operators are affiliated with entities
whose gross annual revenues exceed $250,000,000,\17\ and therefore are
unable to estimate accurately the number of cable system operators that
would qualify as small cable operators under the definition in the
Communications Act.
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\13\ 47 U.S.C. 543(m)(2).
\14\ See FCC Announces New Subscriber Count for the Definition
of Small Cable Operator, Public Notice, 16 FCC Rcd 2225 (2001).
\15\ 47 CFR 76.1403(b).
\16\ See FCC Announces New Subscriber Count for the Definition
of Small Cable Operator, Public Notice, 16 FCC Rcd 2225 (2001).
\17\ We do receive such information on a case-by-case basis only
if a cable operator appeals a local franchise authority's finding
that the operator does not qualify as a small cable operator
pursuant to section 76.901(f) of the Commission's rules. See 47 CFR
76.990(b).
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2. Satellite Telecommunications. The rules proposed in this Further
Notice would affect providers of satellite telecommunications services,
if adopted. Satellite telecommunications service providers include
satellite operators and earth station operators. The Commission has not
developed a definition of small entities applicable to satellite
operators. Therefore, the applicable definition of small entity is
generally the definition under the SBA rules applicable to Satellite
Telecommunications.\18\ This definition provides that a small entity is
expressed as one with $12.5 million or less in
[[Page 33375]]
annual receipts.\19\ 1997 Census Bureau data indicate that, for 1997,
273 satellite communication firms had annual receipts of under $10
million. In addition, 24 firms had receipts for that year of $10
million to $24,999,990.\20\
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\18\ ``This industry comprises establishments primarily engaged
in providing point-to-point telecommunications services to other
establishments in the telecommunications and broadcasting industries
by forwarding and receiving communications signals via a system of
satellites or reselling satellite telecommunications.'' Small
Business Administration, NAICS code 517310.
\19\ 13 CFR 120.121, NAICS code 517310.
\20\ U.S. Census Bureau, 1997 Economic Census, Subject Service:
Information, ``Establishment and Firm Size,'' Table 4, NAICS 513340
(Issued Oct. 2000).
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3. Auxiliary, Special Broadcast and other program distribution
services. This service involves a variety of transmitters, generally
used to relay broadcast programming to the public (through translator
and booster stations) or within the program distribution chain (from a
remote news gathering unit back to the station). The Commission has not
developed a definition of small entities applicable to broadcast
auxiliary licensees. Therefore, the applicable definition of small
entity is the definition under the Small Business Administration (SBA)
rules applicable to radio broadcasting stations,\21\ and television
broadcasting stations.\22\ These definitions provide that a small
entity is one with either $6.0 million or less in annual receipts for a
radio broadcasting station or $12.0 million in annual receipts for a TV
station.\23\ There are currently 3,237 FM translators and boosters,
4913 TV translators.\24\ The FCC does not collect financial information
on any broadcast facility and the Department of Commerce does not
collect financial information on these auxiliary broadcast facilities.
We believe, however, that most, if not all, of these auxiliary
facilities could be classified as small businesses by themselves. We
also recognize that most translators and boosters are owned by a parent
station which, in some cases, would be covered by the revenue
definition of small business entity discussed above. These stations
would likely have annual revenues that exceed the SBA maximum to be
designated as a small business (as noted, either $6.0 million for a
radio station or $12.0 million for a TV station). Furthermore, they do
not meet the Small Business Act's definition of a ``small business
concern'' because they are not independently owned and operated.
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\21\ 13 CFR 121.201, NAICS code 515112.
\22\ 13 CFR 121.201, NAICS code 515120.
\23\ 13 CFR 121.201.
\24\ FCC News Release, Broadcast Station Totals as of September
30, 1999, No. 71831 (Jan. 21, 1999).
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4. Microwave Services. Microwave services include common
carrier,\25\ private-operational fixed,\26\ and broadcast auxiliary
radio services.\27\ At present, there are approximately 22,015 common
carrier fixed licensees and 61,670 private operational-fixed licensees
and broadcast auxiliary radio licensees in the microwave services. The
Commission has not yet defined a small business with respect to
microwave services. For purposes of this FRFA, we will use the SBA's
definition applicable to cellular and other wireless communications
companies--i.e., an entity with no more than 1,500 persons.\28\ We
estimate that all of the Fixed Microwave licensees (excluding broadcast
auxiliary licensees) would qualify as small entities under the SBA
definition for radiotelephone (wireless) companies.
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\25\ See 47 CFR part 101 et seq. (formerly, part 21 of the
Commission's Rules).
\26\ Persons eligible under parts 80 and 90 of the Commission's
rules can use Private Operational-Fixed Microwave services. See 47
CFR parts 80 and 90. Stations in this service are called
operational-fixed to distinguish them from common carrier and public
fixed stations. Only the licensee may use the operational-fixed
station, and only for communications related to the licensee's
commercial, industrial, or safety operations.
\27\ Auxiliary Microwave Service is governed by part 74 of Title
47 of the Commission's Rules. See 47 CFR part 74 et seq. Available
to licensees of broadcast stations and to broadcast and cable
network entities, broadcast auxiliary microwave stations are used
for relaying broadcast television signals from the studio to the
transmitter, or between two points such as a main studio and an
auxiliary studio. The service also includes mobile TV pickups, which
relay signals from a remote location back to the studio.
\28\ See 13 CFR 121.201, NAICS code 517212.
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D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
None of the rules adopted in this Sixth Report and Order will
affect small businesses differently from other non-routine earth
station applicants. The revisions to the earth station antenna gain
pattern envelope will make it easier for all earth station operators,
including small businesses, to comply with the rule. The revisions to
the VSAT rules do not create any new reporting or recordkeeping
requirements.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
The RFA requires an agency to describe any significant alternatives
that it has considered in reaching its proposed approach, which may
include the following four alternatives: (1) The establishment of
differing compliance or reporting requirements or timetables that take
into account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance or
reporting requirements under the rule for small entities; (3) the use
of performance, rather than design, standards; and (4) an exemption
from coverage of the rule, or any part thereof, for small entities.\29\
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\29\ 5 U.S.C. 603(c)(1)-(c)(4).
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This Sixth Report and Order adopts revisions to the earth station
antenna gain pattern envelope that will increase the number of earth
station applications that can be treated routinely, thereby enabling
the Commission to act on those earth station applications more quickly.
The Commission specifically considered and rejected an alternative
proposal to such earth station operators to include in their
applications a complex technical demonstration that their earth
stations will comply with a new regulatory standard called the
``minimum acceptable pointing error.'' Requiring these technical
demonstrations would have increased the burdens placed on these earth
station operators, including those that are small entities. Thus,
rejection of that proposal benefits these earth station applicants,
including small entities.
F. Report to Congress
The Commission will send a copy of the Sixth Report and Order,
including this FRFA, in a report to be sent to Congress pursuant to the
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). In addition, the
Commission will send a copy of the Sixth Report and Order, including
FRFA, to the Chief Counsel for Advocacy of the Small Business
Administration. A copy of the Sixth Report and Order and FRFA (or
summaries thereof) will also be published in the Federal Register. See
5 U.S.C. 604(b).
Summary of Report and Order: The Commission has decided to begin
the antenna gain pattern envelope at 1.5[deg] off-axis within the GSO
orbital arc for C-band and Ku-band earth stations, and 3.0[deg] off-
axis outside the GSO orbital arc for Ku-band earth stations. It also
decided that the provisions proposed in the Further Notice to help
reduce pointing error are not needed, but instead requires VSAT network
operators to design their networks to stop transmissions when
synchronization fails. Finally, the Commission increased the
Commission's backlobe requirements to 0 dBi for off-axis angles greater
than 85[deg], for earth stations operating in the Ku-band or portions
of the Ka-band that are not shared with other services.
Except for the new synchronization requirement, these requirements
will not take effect until after resolution of the off-axis EIRP issues
discussed in the Third Further Notice in this proceeding. In the event
that the Commission adopts
[[Page 33376]]
off-axis EIRP envelopes for FSS earth stations, it will base those
envelopes on the revised antenna gain pattern requirements adopted in
this Order. In the event that the Commission decides not to adopt off-
axis EIRP envelopes for FSS earth stations, parties are invited to
propose new minimum routine antenna sizes based on these revised
antenna gain pattern requirements. Such proposals should be supported
by an adequate technical analyses. In particular, parties are requested
to explain the method or methods they use to replicate or estimate the
antenna gain patterns generated by earth station antennas of different
sizes.
In this Sixth Report and Order, the Commission also adopts rules to
govern Ku-band and C-band VSAT systems using time division multiple
access (TDMA), frequency division multiple access (FDMA) and code
division multiple access (CDMA). The new rules do not require any
adjustment to the power levels of VSAT systems using TDMA or FDMA, but
require a power decrease for VSAT systems using CDMA. The required
power decrease is based on the number of simultaneously transmitting
earth stations. These requirements will also apply to Single Channel
per Carrier (SCPC) transmissions. VSAT networks licensed before the
adoption date of this Sixth Report and Order will not be subject to the
new rules.
Ordering Clauses
Accordingly, it is ordered, pursuant to sections 4(i), 7(a),
303(c), 303(f), 303(g), and 303(r) of the Communications Act of 1934,
as amended, 47 U.S.C. 154(i), 157(a), 303(c), 303(f), 303(g), 303(r),
that this Sixth Report and Order in IB Docket No. 00-248 is hereby
adopted.
It is further ordered that part 25 of the Commission's rules is
amended as set forth in Appendix B. An announcement of the effective
date of these rule revisions will be published in the Federal Register.
It is further ordered that the Consumer and Governmental Affairs
Bureau, Reference Information Center, shall send a copy of this Order,
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
Communications common carriers, Communications equipment, Equal
employment opportunity, Radio, Reporting and recordkeeping
requirements, Satellites, Securities, Telecommunications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
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, and 332,
unless otherwise noted.
0
2. Amend Sec. 25.134 by revising paragraph (a)(1) and adding
paragraphs (g) and (h), to read as follows:
Sec. 25.134 Licensing provisions of Very Small Aperture Terminal
(VSAT) and C-band Small Aperture Terminal (CSAT) networks.
(a)(1) VSAT networks operating in the 12/14 GHz bands. All
applications for digital VSAT networks granted on or before September
15, 2005, with a maximum outbound downlink EIRP density of +10.0 dBW/4
kHz per carrier and earth station antennas with maximum input power
density of -14 dBW/4 kHz will be processed routinely. All applications
for analog VSAT networks with maximum outbound downlink power densities
of +17.0 dBW/4 kHz per carrier and maximum antenna input power
densities of -8.0 dBW/4 kHz shall be processed routinely in accordance
with Declaratory Order in the Matter of Routine Licensing of Earth
Stations in the 6 GHz and 14 GHz Bands Using Antennas Less than 9
Meters and 5 Meters in Diameter, Respectively, for Both Full
Transponder and Narrowband Transmissions, 2 FCC Rcd 2149 (1987)
(Declaratory Order).
* * * * *
(g) Starting March 10, 2005, all applications for VSAT service in
the 12/14 GHz band that meet the following requirements will be
routinely processed: (1) The maximum transmitter power spectral density
of a digital modulated carrier into any GSO FSS earth station antenna
shall not exceed -14.0 - 10log(N) dB(W/4 kHz). For a VSAT network using
frequency division multiple access (FDMA) or time division multiple
access (TDMA) technique, N is equal to one. For a VSAT network using
code division multiple access (CDMA) technique, N is the maximum number
of co-frequency simultaneously transmitting earth stations in the same
satellite receiving beam.
(2) The maximum GSO FSS satellite EIRP spectral density of the
digital modulated emission shall not exceed 10 dB (W/4kHz) for all
methods of modulation and accessing techniques.
(3) The maximum transmitter power spectral density of an analog
carrier into any GSO FSS earth station antenna shall not exceed -8.0
dB(W/4kHz) and the maximum GSO FSS satellite EIRP spectral density
shall not exceed +17.0 dB(W/4kHz).
(h) VSAT operators licensed pursuant to this section are prohibited
from using remote earth stations in their networks that are not
designed to stop transmissions from their remote earth stations when
synchronization with the target satellite fails.
0
3. In Sec. 25.212, revise paragraph (d) to read as follows:
Sec. 25.212 Narrowband analog transmissions, digital transmissions,
and video transmissions in the GSO Fixed-Satellite Service.
* * * * *
(d)(1) For earth stations licensed before March 10, 2005 in the
5925-6425 MHz band, an earth station with an equivalent diameter of 4.5
meters or greater may be routinely licensed for transmission of SCPC
services if the maximum power densities into the antenna do not exceed
+0.5 dBW/4 kHz for analog SCPC carriers with bandwidths up to 200 kHz,
and do not exceed -2.7 dBW/4 kHz for narrow and/or wideband digital
SCPC carriers.
(2) For earth stations licensed after March 10, 2005 in the 5925-
6425 MHz band, an earth station with an equivalent diameter of 4.5
meters or greater may be routinely licensed for transmission of SCPC
services if the maximum power densities into the antenna do not exceed
+0.5 dBW/4 kHz for analog SCPC carriers with bandwidths up to 200 kHz,
and do not exceed -2.7 - 10log(N) dBW/4 kHz for narrow and/or wideband
digital SCPC carriers. For digital SCPC using frequency division
multiple access (FDMA) or time division multiple access (TDMA)
technique, N is equal to one. For digital SCPC using code division
multiple access (CDMA) technique, N is the maximum number of co-
frequency simultaneously transmitting earth stations in the same
satellite receiving beam.
(3) Antennas with an equivalent diameter smaller than 4.5 meters in
the 5925-6425 MHz band are subject to the provisions of Sec. 25.220 of
this chapter, which may include power reduction requirements.
* * * * *
[[Page 33377]]
0
4. In Sec. 25.221, revise paragraphs (a)(1), (a)(2), and (a)(4) to
read as follows:
Sec. 25.221 Blanket Licensing provisions for Earth Stations on
Vessels (ESV) 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) * * *
(1) The off-axis EIRP 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:
26.3 - 25log([thetas]) - 10log(N) dBW/4kHz for 1.0[deg] <= [thetas] <=
7.0[deg]
5.3 - 10log(N)dBW/4kHz for 7.0[deg] < [thetas] <= 9.2[deg]
29.3 - 25log([thetas]) - 10log(N) dBW/4kHz for 9.2[deg] < [thetas] <=
48[deg]
-12.7 - 10log(N) dBW/4kHz for 48[deg] < [thetas] <= 180[deg]
where [thetas] is the angle in degrees from the axis of the main lobe.
For an ESV network using frequency division multiple access (FDMA) or
time division multiple access (TDMA) technique, N is equal to one. For
an ESV network using code division multiple access (CDMA) technique, N
is the maximum number of co-frequency simultaneously transmitting earth
stations in the same satellite receiving beam.
(2) In all other directions, the off-axis EIRP spectral density for
co-polarized signals emitted from the ESV shall not exceed the
following values:
29.3 - 25log([thetas]) - 10log(N) dBW/4kHz for 1.0[deg] <= [thetas] <=
48[deg]
-12.7 - 10log(N) dBW/4kHz for 48[deg] < [thetas] <= 180[deg]
where [thetas] and N are defined as set forth in paragraph (a)(1) of
this section.
* * * * *
(4) In all directions, the off-axis EIRP spectral density for
cross-polarized signals emitted from the ESV shall not exceed the
following values:
16.3 - 25log([thetas]) - 10log(N) dBW/4kHz for 1.8[deg] <= [thetas] <=
7.0[deg]
-4.7 - 10log(N) dBW/4kHz for 7.0[deg] < [thetas] <= 9.2[deg]
where [thetas] and N are defined as set forth in paragraph (a)(1) of
this section.
* * * * *
0
5. In Sec. 25.222, revise paragraphs (a)(1), (a)(2), and (a)(4) 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) * * *
(1) The off-axis EIRP 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]) - 10log(N) dBW/4kHz for 1.25[deg] <= [thetas] <=
7.0[deg]
-6 - 10 log(N) dBW/4kHz for 7.0[deg] < [thetas] <= 9.2[deg]
18 - 25log([thetas]) - 10log(N) dBW/4kHz for 9.2[deg] < [thetas] <=
48[deg]
-24 - 10log(N) dBW/4kHz for 48[deg] < [thetas] <= 180[deg]
where [thetas] is the angle in degrees from the axis of the main lobe.
For an ESV network using frequency division multiple access (FDMA) or
time division multiple access (TDMA) technique, N is equal to one. For
an ESV network using code division multiple access (CDMA) technique, N
is the maximum number of co-frequency simultaneously transmitting earth
stations in the same satellite receiving beam.
(2) In all other directions, the off-axis EIRP spectral density for
co-polarized signals emitted from the ESV shall not exceed the
following values:
18 - 25log([thetas]) - 10log(N) dBW/4kHz for 1.25[deg] <= [thetas] <=
48[deg]
-24 - 10log(N) dBW/4kHz for 48[deg] < [thetas] <= 180[deg]
where [thetas] and N are defined as set forth in paragraph (a)(1) of
this section.
* * * * *
(4) In all directions, the off-axis EIRP spectral density for
cross-polarized signals emitted from the ESV shall not exceed the
following values:
5 - 25log([thetas]) - 10log(N) dBW/4kHz for 1.8[deg] <= [thetas] <=
7[deg]
-16 - 10log(N) dBW/4kHz for 7[deg] <= [thetas] <= 9.2[deg]
where [thetas] and N are defined as set forth in paragraph (a)(1) of
this section.
* * * * *
[FR Doc. 05-11171 Filed 6-7-05; 8:45 am]
BILLING CODE 6712-01-P