[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