[Federal Register Volume 72, Number 137 (Wednesday, July 18, 2007)]
[Proposed Rules]
[Pages 39357-39370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13718]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 25
[IB Docket No. 07-101; FCC 07-86]
Proposal to Allocate Spectrum and Adopt Rules to License Vehicle-
Mounted Earth Stations in Certain Ku-band Frequencies Allocated to the
Fixed-Satellite Service
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Federal Communications Commission seeks comment on whether
to license Vehicle-Mounted Earth Stations as an application of the
Fixed-Satellite Service in the conventional and extended Ku-band
frequencies. The Commission initiates this proceeding in response to a
petition for rulemaking filed by General Dynamics SATCOM Technologies,
Inc. General Dynamics asks the Commission to amend parts 2 and 25 of
the rules to allocate spectrum for use with VMES in the FSS in the Ku-
band uplink at 14.0-14.5 GHz and Ku-band downlink at 11.7-12.2 GHz on a
primary basis, and in the extended Ku-band downlink at 10.95-11.2 GHz
and 11.45-11.7 GHz on a non-protected basis, and to adopt Ku-band VMES
licensing and service rules modeled on the Commission's rules for Ku-
band Earth Stations on Vessels. The Notice of Proposed Rulemaking seeks
comment on the proposed adoption of co-primary allocation for VMES
applications in the conventional Ku-band frequencies, and also seeks
comment on service rules for VMES, possibly modeled on the current ESV
rules. The NPRM observes that some of the broader applications of VMES,
involving use, by the general public, of ultra-small antennas on cars
and trucks, raise additional technical questions with respect to
compliance with the Commission's Ku-band interference avoidance
requirements. The NPRM therefore seeks comment on whether the broad
commercial use, by the general public, of ultra-small antennas on
vehicles traversing throughout the United States raises the potential
for harmful interference to other FSS licensees or Federal government
space research service and radio astronomy service operations, and, if
so, whether there are technical rules that the Commission could adopt
to mitigate against such harms.
DATES: Comments are due on or before August 17, 2007 and reply comments
are due on or before September 4, 2007. Public and agency comments on
the
[[Page 39358]]
Initial Paperwork Reduction Act of 1995 analysis are due September 17,
2007.
ADDRESSES: You may submit comments, identified by IB Docket No. 07-101,
by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
Mail: Commercial overnight mail (other than U.S. Postal
Service Express Mail and Priority Mail) must be sent to the Commission
at 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal
Service first-class mail, Express Mail, and Priority Mail should be
addressed to 445 12th Street, SW., Washington, DC 20554. The
Commission's mail contractor, Vistronix, Inc., will receive hand-
delivered or messenger-delivered paper filings for the Commission's
Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC
20002. All filings must be addressed to the Commission's Secretary at
Office of the Secretary, Federal Communications Commission.
People with Disabilities: Contact the Commission to
request reasonable accommodations (accessible format documents, sign
language interpreters, CART, etc.) by e-mail: [email protected] or phone:
202-418-0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Paul Locke, Policy Division,
International Bureau at (202) 418-0765. For additional information
concerning the information collection(s) contained in this document,
contact Judith B. Herman at 202-418-0214, or via the Internet at
[email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM) in IB Docket No. 07-101, FCC 07-86,
adopted May 9, 2007 and released on May 15, 2007. The full text of the
NPRM is available for public inspection and copying during regular
business hours at the Commission's Reference Information Center,
Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554.
The document also may be purchased from the Commission's duplicating
contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street,
SW., Room CY-B402, Washington, DC 20554, telephone 202-488-5300,
facsimile 202-488-5563, or via e-mail [email protected].
Pursuant to the Regulatory Flexibility Act, the Commission has
prepared an Initial Regulatory Flexibility Analysis (IRFA) of the
possible significant economic impact on small entities by the proposals
considered in the NPRM. The text of the IRFA is set forth in Appendix C
of the NPRM. Written public comments are requested on this IRFA.
Comments must be filed in accordance with the same filing deadlines for
comments on the NPRM, and they should have a separate and distinct
heading designating them as responses to the IRFA.
In addition, the Commission, as part of its continuing effort to
reduce paperwork burdens, invites the general public and the Office of
Management and Budget (OMB) to comment on the information collection
requirements contained in this document, as required by the Paperwork
Reduction Act of 1995, Public Law 104-13. Public and agency comments
are due September 17, 2007. Comments should address: (a) Whether the
proposed collection of information is necessary for the proper
performance of the functions of the Commission, including whether the
information shall have practical utility; (b) the accuracy of the
Commission's burden estimates; (c) ways to enhance information
collected; and (d) ways to minimize the burden of the collection of
information on the respondents, including the use of automated
collection techniques or other forms of information technology. In
addition, pursuant to the Small Business Paperwork Relief Act of 2002,
Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment
on how we might ``further reduce the information collection burden for
small business concerns with fewer than 25 employees.''
Paperwork Reduction Act Requirements
OMB Control Number: 3060-XXXX.
Title: Vehicle-Mounted Earth Stations (VMES).
Form No.: Not applicable.
Type of Review: New Collection.
Respondents: Businesses or other for-profit entities.
Number of Respondents: 15 respondents; 15 responses.
Estimated Time per Response: 2 hours (average).
Frequency of Response: Recordkeeping requirement, third party
disclosure requirement, and on occasion and one-time reporting
requirements.
Obligation to Respond: Required to obtain or retain benefits.
Estimated Total Annual Burden: 240 hours.
Estimated Total Annual Cost: $15,000.
Privacy Act Impact Assessment: No.
Nature and Extent of Confidentiality: The Commission does not
provide assurances of confidentiality to entities submitting their
filings and applications. However, entities may request confidential
treatment of their applications and filings under 47 CFR 0.459 of the
Commission's rules. With regard to certifications filed pursuant to
part 2 of the Commission's rules, parties receive minimal exemption
from the Freedom of Information Act (FOIA).
Needs and Uses: The purpose of this new information collection is
to address the Paperwork Reduction Act (PRA) requirements proposed in
the Commission's NPRM (FCC 07-86) to establish rules for the licensing
of the VMES service. In the NPRM, the Commission proposes new
information collection requirements applicable to potential VMES
licensees. The Commission proposes that potential VMES operators submit
applications (FCC Form 312) and exhibits thereto to the Commission to
demonstrate that they comply with the Commission's legal and/or
engineering rules. (Note: FCC Form 312 is approved by the Office of
Management and Budget under OMB Control Number 3060-0678. There are
additional and ongoing rulemakings that may require modification to FCC
Form 312. Because the Commission intends to modify FCC Form 312 only
after all the applicable rulemakings have been completed, there may be
a period of time during which FCC Form 312 may not be altered to
accommodate potential VMES applications. In the interim, potential VMES
applicants would utilize FCC Form 312 and submit attachments providing
the relevant information and certifications reflected any adopted
rules). Additionally, the Commission proposes to apply data logging
requirements, requiring network operators to maintain information on
the satellites that each terminal uses, the operating frequencies and
bandwidths used, the time of day, the location, and a point of contract
within the United States with the authority and capability to mute the
potential VMES transmitters. The potential VMES operator must maintain
the information for a year and make it available to appropriate
entities within 24 hours of request. The Commission also seeks comment
on requiring an automatic transmitter identification systems (ATIS) for
each satellite uplink transmission. Without the information collected
through the Commission's
[[Page 39359]]
proposed VMES licensing procedures, it may not be feasible to identify
sources of harmful interference and to ensure, if needed, that the
interfering transmissions are ceased.
Summary of Notice of Proposed Rulemaking
A. Background
With the NPRM, the Federal Communications Commission (Commission)
seeks comment on whether to license VMES as an application of the FSS
in the conventional and extended Ku-band frequencies.
In its petition for rulemaking (Petition), General Dynamics asks
the Commission to amend parts 2 and 25 of the rules to allocate
spectrum for use with VMES in the FSS in the Ku-band uplink at 14.0-
14.5 GHz and Ku-band downlink at 11.7-12.2 GHz on a primary basis, and
in the extended Ku-band downlink at 10.95-11.2 GHz and 11.45-11.7 GHz
on a non-protected basis, and to adopt Ku-band VMES licensing and
service rules modeled on the Commission's rules for Ku-band ESVs.
As the Petition urges, the NPRM seeks comment on the proposed
adoption of a co-primary allocation for VMES applications in the
conventional Ku-band frequencies, and also seeks comment on service
rules for VMES, possibly modeled on the current ESV rules. The NPRM
discusses and seeks comment on rules and procedures to license VMES
networks for operation only over GSO FSS satellites in the Ku-band.
Earth stations on mobile land vehicles currently operate as Land
Mobile Satellite Service (LMSS) applications, and not as FSS
applications, in the conventional Ku-band. In the Ku-band uplinks, LMSS
operates on a secondary, and not a primary, basis. A primary allocation
for VMES would provide protection from interference to VMES terminals
as well as give VMES equal status in coordinating emissions from VMES
terminals with adjacent FSS systems, as if VMES terminals were FSS
earth stations.
Certain commenters on the Petition propose to promote VMES
terminals that use smaller antennas and less accurate antenna pointing
systems than those that General Dynamics currently uses for the VMES
system it has been operating since November 2004 pursuant to special
temporary authority and experimental authority. We have concerns that
some classes of proposed VMES terminals would not operate compatibly in
the Commission's Ku-band two-degree satellite spacing environment for
the FSS. The NPRM seeks comment on how to differentiate compatible and
non-compatible VMES terminals. In addition, we invite comment on
whether we should treat applications that may not be able to meet the
VMES requirements that we would adopt, but that otherwise might be able
to engineer their systems to meet Ku-band FSS interference avoidance
requirements, as applications for LMSS systems that might be licensed
under the existing secondary LMSS allocation in the 14.0-14.5 GHz FSS
uplink band and as non-conforming in the 11.7-12.2 GHz downlink band,
with specific license conditions to protect FSS licensees and their
customers from harmful interference.
We also seek comment on licensing and service rules for VMES
terminals if they are granted primary allocation status.
B. Allocation Issues
In asking for comment on whether we should grant primary status to
VMES, or classes of VMES, in the conventional Ku-band, we observe that
VMES, like ESV, is a mobile system, but with significant differences.
We seek comment on these differences in the context of evaluating
whether VMES, or classes of VMES, can operate compatibly in the FSS
two-degree spacing environment. The significant identified differences
include:
Antenna Size. The Petition suggests that, although General Dynamics
proposes to provide VMES for U.S. military applications, there will be
commercial applications for this technology. Commenters suggest that
the Commission should develop rules that would permit large-scale
deployment of mobile broadband systems to the public using ultra-small
antennas. Both military and commercial VMES applications would use
antennas smaller than those typically found on VSATs or ESVs. The
original two-degree FSS VSAT interference rules were predicated on the
use of antennas with a diameter of 1.2 meters or greater (i.e., 3.9
feet or larger), operating from fixed locations. ESVs typically use
antennas with a diameter on the order of 1.2 meters. General Dynamics
currently is using antennas as small as 0.45 meters (17.7 inches) and
supporters of the commercial applications of VMES are in favor of
licensing even smaller antennas. The ultra-small antennas operating in
a mobile environment envisioned for large-scale commercial deployment
of VMES have a greater potential of causing interference to adjacent
satellites than the antennas currently authorized for the band and
would lack the interference rejection qualities of the larger antennas.
Antenna Tracking Systems. ESV operators are required to use antenna
systems that accurately track the wanted satellite as the ship moves,
pitches and rolls. General Dynamics uses very precise, and very
expensive, tracking systems for its military VMES antennas. Some
proponents of commercial applications would lower the pointing accuracy
requirements for VMES, resulting in lower-cost tracking systems and,
potentially, increasing the level of interference to other FSS
satellites.
Ubiquity. ESVs are likely to be used only by relatively large
vessels, capable of carrying the large ESV dishes, and are
geographically limited to operating on waterways and in port. VMESs
have been placed on vehicles capable of off-road travel and would have
access to practically all of the United States.
Tracking Accuracy. Because of the size of the vessels on which ESVs
are mounted, ESVs undergo smaller accelerations than earth stations on
mobile land vehicles, making it easier for the ESV antenna tracking
system to track the wanted satellite. In fact, General Dynamics
concedes that it is impossible to construct a VMES antenna tracking
system that will meet the 0.2 degree antenna pointing requirement under
all possible conditions.
Quantity. If applications of VMES are permitted for use by the
general public, the number of VMES terminals that potentially could be
operated is significantly larger than the number of ESV systems.
We seek comment on the relevance of these differences between VMESs
and ESVs to the question of whether we should grant primary status for
VMES as an application of the FSS. Additionally, we ask commenters to
consider other factors, not listed, that may be relevant.
We discuss each Ku-band separately.
11.7-12.2 GHz Band. We seek comment on whether to establish a new
non-Federal footnote for the 11.7-12.2 GHz downlink band to reflect
that VMES terminals may operate with FSS space stations. Currently, in
this band, there is no allocation in the U.S. Table of Frequency
Allocations for the Mobile Satellite Service (MSS), including LMSS, and
domestic downlink signals operate under ITU Radio Regulation 4.4 (non-
interference and non-protection) in the band.
10.95-11.2 GHz and 11.45-11.7 GHz Bands. We seek comment on whether
VMES operations in these extended Ku-bands should be permitted on a
non-protected basis with respect the Fixed Service (FS). The FS uses
these bands
[[Page 39360]]
and ESV operators, for example, must accept interference from all
current and future FS operations in the bands. Because VMES downlink
operations would not interfere with current or future FS operations,
and because VMESs would not receive protection from the FS in these
bands, we would propose to make the determination that VMESs operating
domestically in these bands would not be likely to interfere with or
restrict other authorized operations in the bands.
14.0-14.2 GHz Band. Space research services (SRS) are allocated to
this band on a secondary basis. We recognize the importance of
protecting these facilities from receiving harmful interference. We
seek comment on the feasibility of allowing VMES operations within a
125 kilometer protection zone around operational National Aeronautics
and Space Administration (NASA) space research Tracking and Data Relay
Satellite Systems (TDRSS) facilities. We propose, as a condition of the
VMES license, to prohibit VMES operators from operating in the band
within 125 kilometers of the two existing TDRSS sites. We solicit
comment on whether we should allow VMES operators to coordinate their
proposed operations to resolve any potential harmful interference
concerns regarding SRS facilities. VMES operators would need to
complete coordination prior to operating within 125 kilometers of the
two existing TDRSS sites. Should NASA seek to provide similar
protection to future TDRSS sites, the National Telecommunications and
Information Administration (NTIA) should notify the Commission's
International Bureau (Bureau) that a TDRSS site is nearing operational
status. The Bureau then would issue a notice requiring all Ku-band VMES
operators to cease operations in the band within 125 kilometers of the
new site until they had coordinated with the new site. We solicit
comment on which technical measures should be incorporated into VMES
terminals to assist operators in meeting any coordination obligations.
We seek comment on how the coordination process should work and whether
VMES licensees should go directly to NASA or work through the
Commission. We would expect the coordination to be conducted on an
equal basis between NASA and the VMES operator, even though the SRS is
a secondary allocation.
14.2-14.4 GHz Band. We seek comment on whether to allow VMES
operations to communicate with FSS space stations in the band. The band
is an exclusive non-Federal band allocated on a primary basis to FSS
for uplink operations and on a secondary basis to the MSS.
14.4-14.5 GHz Band. We seek comment on the feasibility of
coordination between VMES and Radio Astronomy Service (RAS) sites to
preclude harmful interference to the RAS as observations are performed.
Specifically, we seek comment on adopting license conditions that would
require VMES licensees planning to travel in the vicinity of certain
radio observatories to coordinate their proposed operations to resolve
any potential interference concerns. We seek comment on how the
coordination process would work and whether VMES licensees should go
directly to the National Science Foundation (NSF) or work through the
Commission. Additionally, we seek comment on technical measures to be
incorporated into terminals to assist with coordination and ask whether
unwanted emissions from VMES terminals need to be regulated to protect
RAS stations.
Proposed Footnotes to U.S. Table of Frequency Allocations. We
propose to add the following footnotes to the U.S. Table of Frequency
Allocations set out in 47 CFR 2.106:
NGxxx In the bands 10.95-11.2 GHz and 11.45-11.7 GHz (space-to-
Earth), Vehicle-Mounted Earth Stations (VMES) as regulated under 47 CFR
part 25 may be authorized to communicate with space stations of the
fixed-satellite service but must accept interference from stations of
the fixed service operating in accordance with the Commission's Rules.
NGyyy In the bands 11.7-12.2 GHz (space-to-Earth) and 14.0-14.5 GHz
(Earth-to-space), Vehicle-Mounted Earth Stations (VMES) as regulated
under 47 CFR part 25 are an application of the fixed-satellite service
and may be authorized to communicate with space stations of the fixed-
satellite service on a primary basis.
We seek comment on the proposed footnotes.
C. Technical and Operational Issues
ESV Rules as Possible Model for VMES. We seek comment on whether,
given the significant differences between ESVs and VMES, the ESV rules,
as applied to VMES, would provide sufficient protection to the FSS. We
seek comment on applying 47 CFR 25.222 and related rules to VMES
terminals communicating with FSS networks. The use of ultra-small
antennas proposed by some commenters implies the use of FSS earth
stations with broad beam widths and reduced side-lobe isolation that,
in turn, raises the potential for increased interference power being
received by other FSS satellites. We seek comment on whether VMES
systems are sufficiently similar in operation to ESV systems to support
adoption of the ESV rules to VMES without weakening the Commission's
two-degree satellite spacing environment.
We ask whether it is reasonable to structure service rules for VMES
that use an EIRP-density envelope that is lower than that used for
VSATs and ESVs. For example, would a rule requiring a one-dB reduction
in the EIRP-density envelope, or a certification from adjacent
satellite operators, be reasonable for VMES applications? Is there a
reason to use a larger or smaller reduction than one db in EIRP-density
to protect FSS neighboring satellites?
Proposed Deviations from ESV Rules. We also seek comment on VMES
service rules that certain commenters on the Petition suggest should
deviate from the ESV model. For example, we ask if adopting a
``fraction of the antenna beam width'' approach, proposed by some
commenters, seems reasonable and, if so, how we should determine the
fraction that would apply. Should adoption of this approach be limited
to peak EIRP-densities from a single terminal or to the aggregate
emissions from multiple, co-frequency terminals and, if so, what should
that value be? We seek technical descriptions and typical link-budgets
from commenters, to indicate the types of modulation and random access
techniques, and the types and quality of services, that might be
expected to be supplied by very low-gain, broad-beam antennas. We also
seek technical comment on antenna technologies that would protect
adjacent satellites without the need for stringent antenna pointing
accuracies.
In response to suggested revisions to the ESV power-density rules,
as applied to VMES, to accommodate VMES networks using aggregate system
power control, we seek comment on the desirability of adopting rules
for variable data rates, and thus variable power-density, spread-
spectrum VMES systems. Should the Commission change the 10*log(N) rule,
as applied to VMES? Commenters should address the specific changes to
the rules that would be required to allow the efficient use of variable
power-density spread-spectrum systems while still ensuring that the
systems meet the EIRP-density envelope in the aggregate.
We propose to await the results of an ongoing proceeding
streamlining the part 25 rules rather than seek additional comment in
this proceeding on the use of contention tables, as proposed by
commenters.
[[Page 39361]]
Data Logging Requirements. We seek comment on General Dynamics'
proposal that we not apply the ESV data logging requirements to VMES.
We seek comment on how, if at all, the use of VMES terminals in the Ku-
band might suggest a different approach from the data logging rule
applied to ESV terminals in the Ku-bands.
Threshold Antenna Size Downlink Protections. We seek comment on a
commenter's proposal to amend 47 CFR 25.209 to set a threshold antenna
size, in the 11.7-12.2 GHz downlink band, above which a VMES allocation
would be primary and receive appropriate interference protection and
below which it would be secondary and thus less protected. What would
be an appropriate threshold size and how would this threshold
requirement compare with the existing requirement in 47 CFR 25.209?
Power Densities in Directions Other than the GSO Plane. We seek
comment on adopting, for VMES antennas as we did for ESVs operating in
the conventional Ku-band, a three-degree starting angle for the EIRP
envelope in all directions other than along the Geo-stationary Orbit
(GSO). We ask whether we should modify the current ESV non-GSO plane
EIRP-density envelopes to accommodate small VMES antennas. We seek
comment on the potential for interference to and from possible NGSO FSS
systems as well as the possible trade-offs between relaxing off-axis
EIRP-density limits in directions away from the GSO plane, and the
types, sizes and costs of antenna technology under existing versus
related power-density limits.
Radiation Hazard Requirements. We ask commenters to describe what
radiation hazards concerns may exist and what steps might be taken to
resolve any potential concerns. We ask for comment on how exposure
concerns and necessary rules for military applications, such as those
proposed by General Dynamics, may differ from VMES use as a general
commercial application. We seek comment on whether to require
cautionary labeling for all VMES terminals and whether we should
recommend professional installation for subscriber transceiver
antennas.
Equipment Certification. We would propose to certify VMES terminals
pursuant to our part 2 rules to ensure that they comply with the
technical rules adopted for the service. We seek comment on this and
other procedures that commenters may consider warranted, asking
commenters to explain why other procedures would serve the public
interest better than certification.
Limitations on the Use of VMES. We seek comment on our concern that
the aggregation of emissions from ultra-small terminals may increase
the risk of harmful interference to other FSS users, including adjacent
satellites farther than six degrees from the target satellite. We seek
comment on whether the use of ultra-small antennas potentially could
expose FSS satellites farther away from the target satellite to the
same or higher level of interference power than satellites directly
adjacent to the target satellite and, if this scenario is likely,
whether we should adopt rules designed to prevent such potential
interference concerns. Should we propose an EIRP-density envelope that
is different from the envelope for ESVs? Should a different EIRP
envelope apply if VMES pointing restrictions are based on some fraction
of the antenna beam width? Are there other methods by which we might
ensure that VMES use of the 14.0-14.5 GHz band would not cause harmful
interference to adjacent FSS satellites, including those farther than
six degrees from the target satellite? For example, should we propose
to limit the use of VMES only to commercial contracts for government
uses? Finally, should the Commission apply an automatic transmitter
identification system (ATIS) to VMES terminals? ATIS transmits encoded
subcarrier messages that assist with identifying a source of
interference. Which characteristics of the signal should be identified?
Blanket Licensing. We would propose to require that an applicant
provide a point of contact for maintaining information about the
frequencies that each individual vehicle uses and then to issue a
blanket authorization for an applicant's system of VMES terminals. In
addition, we seek comment on whether to provide for the licensing of
individual earth stations, using the same technical criteria applied to
antennas in a blanket-licensed VMES network. We ask for comment on
specific rule revisions and modifications to FCC Form 312 to
accommodate applications for VMES systems.
ALSAT Authority. We seek comment on whether we should authorize Ku-
band VMES operators to operate with any U.S.-license satellite and non-
U.S. satellites on the Permitted Space Station List using the
parameters consistent with earth stations, or whether we instead should
limit VMES access only to individual satellites. We would propose that
ALSAT authority not be available to those VMES applicants that must
coordinate with adjacent satellite operators, especially if the VMES
terminals exceed the proposed off-axis EIRP-density requirements.
License Terms. We seek comment on licensing VMES operations for a
term of fifteen years, similar to the license terms for other licensed
networks of earth stations.
Ex Parte Presentations
This proceeding shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentations must contain summaries of the substance
of the presentations and not merely a listing of the subjects
discussed. More than a one or two sentence description of the views and
arguments presented is generally required. Other rules pertaining to
oral and written presentations are set forth in Sec. 1.1206(b) of the
Commission's rules as well.
Paperwork Reduction Act
The NPRM contains proposed new and modified information
collection(s). The Commission, as part of its continuing effort to
reduce paperwork burdens, invites the general public and the Office of
Management and Budget (OMB) to comment on the information collection(s)
contained in the NPRM, as required by the Paperwork Reduction Act of
1995, Public Law No. 104-13. Public and agency comments are due
September 17, 2007. Comments should address: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
burden estimates; (c) ways to enhance the quality, utility, and clarity
of the information collected; and (d) ways to minimize the burden of
the collection of information on the respondents, including the use of
automated collection techniques or other forms of information
technology. In addition, pursuant to the Small Business Paperwork
Relief Act of 2002, Public Law No. 107-198, see 44 U.S.C. 3506(c)(4),
we seek specific comment on how we might ``further reduce the
information collection burden for small business concerns with fewer
than 25 employees.''
A copy of any comments on the information collections contained
herein should be submitted to Judy Boley Herman, Federal Communications
Commission, Room 1-B441, 445 12th Street, SW., Washington, DC 20554, or
via the Internet to [email protected], and to Jasmeet
[[Page 39362]]
Seehra, OMB Desk Officer, Room 10236 NEOB, 725 17th Street, NW.,
Washington, DC 20503, via the Internet to [email protected], or via fax at 202-395-5167.
Initial Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA), the Commission has prepared this present Initial Regulatory
Flexibility Analysis (IRFA) of the possible significant economic impact
on a substantial number of small entities by the policies and rules
proposed in this Amendment of Parts 2 and 25 of the Commission's Rules
to Allocate Spectrum and Adopt Service Rules and Procedures to Govern
the Use of Vehicle-Mounted Earth Stations in Certain Frequency Bands
Allocated to the Fixed Satellite Service, Notice of Proposed
Rulemaking. Written public comments are requested on this IRFA.
Comments must be identified as responses to the IRFA and must be filed
by the deadlines for comments on the NPRM provided in paragraph 88 of
the NPRM. The Commission will send a copy of the NPRM, including this
IRFA, to the Chief Counsel for Advocacy of the Small Business
Administration (SBA). In addition, the NPRM and IRFA (or summaries
thereof) will be published in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
In the NPRM the Commission makes proposals and seeks information on
measures to provide a level of regulatory certainty to government,
space research, radio astronomy, and fixed satellite service operators
regarding operations of Vehicle-Mounted Earth Stations (VMES). As
discussed in greater detail below, the Commission seeks comment on
rules and procedures to license VMES for operation in the Ku-band
similar to the Commission's current licensing rules for Earth Stations
on Vessels (ESVs) that operate in the Ku-band, with appropriate
modifications. The record established in the proceeding will allow the
Commission to determine the effect of authorizing VMES terminals and
will facilitate the development of any future rules for VMES. Any
future rules would be designed to support the deployment of VMES
terminals to the benefit of the American public without adversely
affecting the operation and continued growth of incumbent radio
services. In this regard, the objective is to create a licensing
program that ensures incumbent radio services protection against
harmful interference.
B. Legal Basis
The NPRM is adopted pursuant to sections 1, 4(i), 4(j), 7(a), 301,
303(c), 303(f), 303(g), 303(r), 303(y), and 308 of the Communications
Act of 1934, as amended, 47 U.S.C. sections 151, 154(i), 154(j),
157(a), 301, 303(c), 303(f), 303(g), 303(r), 303(y), 308.
C. Description and Estimate of the Number of Small Entities to Which
the Proposals 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 proposed rules, if adopted. 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. A small business concern is one that: (1) Is independently owned
and operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the SBA. Below, we
further describe and estimate the number of small entity licensees that
may be affected by the adopted rules.
Satellite Telecommunications. The SBA has developed a small
business size standard for Satellite Telecommunications Carriers. This
category ``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.'' According to Census Bureau
data for 2002, there were 371 firms in the category that operated for
the entire year. Of this total, 307 firms had annual receipts of under
$10 million, 26 firms had annual receipts of $10 million to
$24,999,990, and 38 firms had annual receipts of $25 million or more.
Thus, under this size standard, the majority of firms can be considered
small.
A second category for international service providers, called
``Other Telecommunications,'' ``comprises establishments primarily
engaged in (1) providing specialized telecommunications applications,
such as satellite tracking, communications telemetry, and radar station
operations; or (2) providing satellite terminal stations and associated
facilities operationally connected with one or more terrestrial
communications systems and capable of transmitting telecommunications
to or receiving telecommunications from satellite systems.'' For this
category, Census Bureau data for 2002 show that there were a total of
332 firms that operated for the entire year. Of this total, 303 firms
had annual receipts of under $10 million, 15 firms had annual receipts
of $10 million to $24,999,999, and 14 firms had annual receipts of $25
million or more. Consequently, we estimate that the majority of Other
Telecommunications firms are small entities that might be affected by
our action.
Space Stations (Geostationary). Commission records reveal that
there are approximately 15 space station licensees authorized for use
in the Ku-band. We do not request nor collect annual revenue
information, and thus are unable to estimate of the number of
geostationary space stations that would constitute a small business
under the SBA definition cited above, or apply any rules providing
special consideration for Space Station (Geostationary) licensees that
are small businesses.
Fixed Satellite Transmit/Receive Earth Stations. Currently there
are approximately 2,532 operational fixed-satellite transmit/receive
earth stations authorized for use in the Ku-band. The Commission does
not request or collect annual revenue information, and thus is unable
to estimate the number of earth stations that would constitute a small
business under the SBA definition.
Cellular Licensees. The SBA has developed a small business size
standard for wireless firms within the two broad economic census
categories of ``Paging'' and ``Cellular and Other Wireless
Telecommunications.'' Under both categories, the SBA deems a wireless
business to be small if it has 1,500 or fewer employees. For the census
category of Paging, Census Bureau data for 2002 show that there were
807 firms in this category that operated for the entire year. Of this
total, 804 firms had employment of 999 or fewer employees, and three
firms had employment of 1,000 employees or more. Thus, under this
category and associated small business size standard, the majority of
firms can be considered small. For the census category of Cellular and
Other Wireless Telecommunications, Census Bureau data for 2002 show
that there were 1,397 firms in this category that operated for the
entire year. Of this total, 1,378 firms had employment of 999 or fewer
employees, and 19 firms had employment of 1,000 employees or more.
Thus, under this second category
[[Page 39363]]
and size standard, the majority of firms can, again, be considered
small.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
The NPRM seeks comment on whether to expand the applicability of
the current ESV rules to VMES. The proposed VMES rules, if adopted,
would require satellite telecommunications operators to establish a
database for tracking the location of VMES remote earth stations. This
database would assist investigations of interference claims. The NPRM
seeks comment on this proposal, including the effectiveness and utility
of the proposal, and seeks comment regarding possible alternatives. The
proposed rules, if adopted, also would require VMES operators to name a
point of contact to maintain information about location and frequencies
used by VMES terminals. Such information would assist in investigating
interference claims. The Commission does not expect significant costs
associated with these proposals, if adopted. Therefore, we do not
anticipate that the burden of compliance would be greater for smaller
entities.
The NPRM seeks comment on possible methods for coordinating VMES
operations with space research service and radio astronomy operations.
E. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
The RFA requires that, to the extent consistent with the objectives
of applicable statutes, the analysis shall discuss significant
alternatives such as: (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 and reporting
requirements under the rule for small entities; (3) the use of
performance, rather than design, standards; and (4) an exemption from
coverage or the rule, or any part thereof, for small entities.
This NPRM solicits comment on alternatives for more efficient
processing of VMES applications and simplification of VMES procedures,
for example, by migrating from non-conforming use licensing to a
licensing method that would provide for licenses with terms of fifteen
years. The NPRM also seeks comment on streamlining the application
process for VMES operations by permitting blanket licensing of multiple
VMES terminals in a single application, as an alternative to requiring
all VMES terminals to be licensed individually. Adoption of some of
these proposals would simplify the application process for VMES and
establish licensing terms consistent with other satellite-based
services, such as ESV. Thus, adoption of the proposed rules should
reduce the costs associated with obtaining and maintaining authority to
operate a VMES network.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
None.
Comment Filing Procedures
Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments in response
to this NPRM no later than on or before August 17, 2007. Reply comments
to these comments may be filed no later than on or before September 4,
2007. All pleadings are to reference IB Docket No. 07-101. Comments may
be filed using the Commission's Electronic Comment Filing System (ECFS)
or by filing paper copies. Parties are strongly encouraged to file
electronically. See Electronic Filing of Documents in Rulemaking
Proceedings, 63 FR 24121, May 1, 1998.
Comments filed through the ECFS can be sent as an electronic file
via the Internet to http://www.fcc.gov/cgb/ecfs/. Parties should
transmit one copy of their comments to the docket in the caption of
this rulemaking. In completing the transmittal screen, commenters
should include their full name, U.S. Postal Service mailing address,
and the applicable docket or rulemaking number. Parties may also submit
an electronic comment by Internet e-mail. To get filing instructions
for e-mail comments, commenters should send an e-mail to [email protected]
and should include the following words in the body of the message,
``get form .'' A sample form and directions will
be sent in reply.
Parties choosing to file by paper must file an original and four
copies of each filing in IB Docket No. 07-101. Filings can be sent by
hand or messenger delivery, by commercial overnight courier, or by
first-class overnight U.S. Postal Service mail (although we continue to
experience delays in receiving U.S. Postal Service mail). If more than
one docket or rulemaking number appears in the caption of this
proceeding, commenters must submit two additional copies for each
additional docket or rulemaking number. The Commission's mail
contractor, Vistronix, Inc. will receive hand-delivered or messenger-
delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be
held together with rubber bands or fasteners. Any envelopes must be
disposed of before entering the building. Commercial overnight mail
(other than U.S. Postal Service Express Mail and Priority Mail) must be
sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal
Service first-class mail, Express Mail, and Priority Mail should be
addressed to 445 12th Street, SW., Washington, DC 20554. All filings
must be addressed to the Commission's Secretary, Office of the
Secretary, Federal Communications Commission.
Comments submitted on diskette should be on a 3.5 inch diskette
formatted in an IBM-compatible format using Word for Windows or
compatible software. The diskette should be clearly labeled with the
commenter's name, proceeding (including the docket number, in this
case, IB Docket No. 07-101), type of pleading (comment or reply
comment), date of submission, and the name of the electronic file on
the diskette. The label should also include the following phrase ``Disk
Copy--Not an Original.'' Each diskette should contain only one party's
pleadings, preferably in a single electronic file.
All parties must file one copy of each pleading electronically or
by paper to each of the following: (1) The Commission's duplicating
contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room
CY-B402, Washington, DC 20554, telephone (202) 488-5300, facsimile
(202) 488-5563, or via e-mail at [email protected]; (2) Howard Griboff,
International Bureau, 445 12th Street, SW., Washington, DC 20554, e-
mail [email protected]; (3) Paul Locke, International Bureau, 445
12th Street, SW., Washington, DC 20554, e-mail [email protected]; (4)
Kathleen Collins, International Bureau, 445 12th Street, SW.,
Washington, DC 20554, e-mail [email protected].
Comments and reply comments and any other filed documents in this
matter may be obtained from Best Copy and Printing, Inc., in person at
445 12th Street, SW., Room CY-B402, Washington, DC 20554, via telephone
at (202) 488-5300, via facsimile (202) 488-5563, or via e-mail at
[email protected]. The pleadings also will be available for public
inspection and copying during regular business hours in the FCC
Reference Information Center, Room CY-A257, 445 Twelfth Street, SW.,
Washington, DC 20554 and through the ECFS,
[[Page 39364]]
accessible on the Commission's World Wide Web site, http://www.fcc.gov.
Comments and reply comments must include a short and concise
summary of the substantive arguments raised in the pleading. Comments
and reply comments also must comply with Sec. 1.49 and all other
applicable sections of the Commission's rules. All parties are
encouraged to utilize a table of contents, and to include the name of
the filing party and the date of the filing on each page of their
submission. We also strongly encourage that parties track the
organization set forth in this NPRM in order to facilitate our internal
review process.
Commenters who file information that they believe is proprietary
may request confidential treatment pursuant to Sec. 0.459 of the
Commission's rules. Commenters should file both their original comments
for which they request confidentiality and redacted comments, along
with their request for confidential treatment. Commenters should not
file proprietary information electronically. See Examination of Current
Policy Concerning the Treatment of Confidential Information Submitted
to the Commission, Report and Order, 13 FCC Rcd 24816 (1998), Order on
Reconsideration, FCC 99-262, 14 FCC Rcd 20128 (1999). Even if the
Commission grants confidential treatment, information that does not
fall within a specific exemption pursuant to the Freedom of Information
Act (FOIA) must be publicly disclosed pursuant to an appropriate
request. See 47 CFR 0.461; 5 U.S.C. 552. We note that the Commission
may grant requests for confidential treatment either conditionally or
unconditionally. As such, we note that the Commission has the
discretion to release information on public interest grounds that does
fall within the scope of an FOIA exemption.
Accordingly, it is ordered that, pursuant to the authority
contained in sections 1, 4(i), 4(j), 7(a), 301, 303(c), 303(f), 303(g),
303(r), 303(y), and 308 of the Communications Act of 1934, as amended,
47 U.S.C. 151, 154(i), 154(j), 157(a), 301, 303(c), 303(f), 303(g),
303(r), 303(y), 308, this Notice of Proposed Rulemaking is adopted.
It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center shall send a
copy of this Notice of Proposed Rulemaking, including the initial
regulatory flexibility analysis, to the Chief Counsel for Advocacy of
the Small Business Administration, in accordance with section 603(a) of
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. (1981).
List of Subjects in 47 CFR Parts 2 and 25
Telecommunications, Satellites.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR parts 2 and 25 to
read as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
2. Amend Sec. 2.106 as follows:
a. Revise pages 45, 46 and 47 of the Table.
b. In the list of Non-Federal Government footnotes, add footnotes
NGxxx and NGyyy in numerical order.
The revisions and additions read as follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
BILLING CODE 6212-01-P
[[Page 39365]]
[GRAPHIC] [TIFF OMITTED] TP18JY07.000
[[Page 39366]]
[GRAPHIC] [TIFF OMITTED] TP18JY07.001
[[Page 39367]]
[GRAPHIC] [TIFF OMITTED] TP18JY07.002
BILLING CODE 6712-01-C
[[Page 39368]]
* * * * *
NON-FEDERAL GOVERNMENT (NG) FOOTNOTES
* * * * *
NGxxx In the bands 10.95-11.2 GHz and 11.45-11.7 GHz (space-to-
Earth), Vehicle-Mounted Earth Stations (VMES) as regulated under 47
CFR part 25 may be authorized to communicate with space stations of
the fixed-satellite service but must accept interference from
stations of the fixed service operating in accordance with the
Commission's rules.
NGyyy In the bands 11.7-12.2 GHz (space-to-Earth) and 14.0-14.5
GHz (Earth-to-space), Vehicle-Mounted Earth Stations (VMES) as
regulated under 47 CFR part 25 are an application of the fixed-
satellite service and may be authorized to communicate with space
stations of the fixed-satellite service on a primary basis.
* * * * *
PART 25--SATELLITE COMMUNICATIONS
3. The authority citation for part 25 continues to read as follows:
Authority: 47 U.S.C. 701-744. Interprets or applies Sections 4,
301, 302, 303, 307, 309 and 332 of the Communications Act, as
amended, 47 U.S.C. Sections 154, 301, 302, 303, 307, 309, and 332,
unless otherwise noted.
4. Amend Sec. 25.115 by revising paragraph (a)(2)(iii) to read as
follows:
Sec. 25.115 Application for earth station authorizations.
(a) * * *
(2) * * *
(iii) The earth station is not an ESV or a VMES.
* * * * *
5. Amend Sec. 25.130 by revising the introductory text of
paragraph (a) to read as follows:
Sec. 25.130 Filing requirements for transmitting earth stations.
(a) Applications for a new or modified transmitting earth station
facility shall be submitted on FCC Form 312, and associated Schedule B,
accompanied by any required exhibits, except for those earth station
applications filed on FCC Form 312EZ pursuant to Sec. 25.115(a). All
such earth station license applications must be filed electronically
through the International Bureau Filing System (IBFS) in accordance
with the applicable provisions of part 1, subpart Y of this chapter.
Additional filing requirements for Earth Stations on Vessels are
described in Sec. Sec. 25.221 and 25.222 of this part. Additional
filing requirements for Vehicle-Mounted Earth Stations are described in
Sec. 25.XXX of this part. In addition, applicants not required to
submit applications on Form 312EZ, other than ESV or VMES applicants,
must submit the following information to be used as an ``informative''
in the public notice issued under Sec. 25.151 as an attachment to
their application:
* * * * *
6. Amend Sec. 25.132 by revising paragraph (b)(3) to read as
follows:
Sec. 25.132 Verification of earth station antenna performance
standards.
(b) * * *
(3) Applicants seeking authority to use an antenna that does not
meet the standards set forth in Sec. 25.209(a) and (b), pursuant to
the procedure set forth in Sec. 25.220 or subject to rules in Sec.
25.XXX, are required to submit a copy of the manufacturer's range test
plots of the antenna gain patterns specified in paragraph (b)(1) of
this section.
* * * * *
7. Amend Sec. 25.201 by adding the definition of ``Vehicle-Mounted
Earth Station (VMES)'' to read as follows:
Sec. 25.201 Definitions.
* * * * *
Vehicle-Mounted Earth Station (VMES). A VMES is an earth station,
operating from a motorized vehicle that travels primarily on land, that
receives from and transmits to fixed-satellite space stations and
operates pursuant to the requirements set out in Sec. 25.XXX of this
part.
8. Amend Sec. 25.202 by adding paragraph (a)(9) to read as
follows:
Sec. 25.202 Frequencies, frequency tolerance and emission
limitations.
(a) * * *
(9) The following frequencies are available for use by Vehicle-
Mounted Earth Stations (VMESs):
10.95-11.2
GHz (space-to-Earth)
11.45-11.7
GHz (space-to-Earth)
11.7-12.2
GHz (space-to-Earth)
14.0-14.5
GHz (Earth-to-space)
VMESs shall be authorized as set forth in Sec. 25.XXX of this
chapter.
* * * * *
9. Amend Sec. 25.203 by revising paragraphs (a), (b), the
introductory text in paragraph (c) and paragraphs (d) and (k) to read
as follows:
Sec. 25.203 Choice of sites and frequencies.
(a) Sites and frequencies for earth stations, other than ESVs or
VMESs, operating in frequency bands shared with equal rights between
terrestrial and space services, shall be selected, to the extent
practicable, in areas where the surrounding terrain and existing
frequency usage are such as to minimize the possibility of harmful
interference between the sharing services.
(b) An applicant for an earth station authorization, other than an
ESV or a VMES, in a frequency band shared with equal rights with
terrestrial microwave services shall compute the great circle
coordination distance contour(s) for the proposed station in accordance
with the procedures set forth in Sec. 25.251. The applicant shall
submit with the application a map or maps drawn to appropriate scale
and in a form suitable for reproduction indicating the location of the
proposed station and these contours. These maps, together with the
pertinent data on which the computation of these contours is based,
including all relevant transmitting and/or receiving parameters of the
proposed station that are necessary to assess the likelihood of
interference, an appropriately scaled plot of the elevation of the
local horizon as a function of azimuth, and the electrical
characteristics of the earth station antenna(s), shall be submitted by
the applicant in a single exhibit to the application. The coordination
distance contour plot(s), horizon elevation plot, and antenna horizon
gain plot(s) required by this section may also be submitted in tabular
numerical format at 5[deg] azimuthal increments instead of graphical
format. At a minimum, this exhibit shall include the information listed
in paragraph (c)(2) of this section. An earth station applicant shall
also include in the application relevant technical details (both
theoretical calculations and/or actual measurements) of any special
techniques, such as the use of artificial site shielding, or operating
procedures or restrictions at the proposed earth station which are to
be employed to reduce the likelihood of interference, or of any
particular characteristics of the earth station site which could have
an effect on the calculation of the coordination distance.
(c) Prior to the filing of its application, an applicant for
operation of an earth station, other than an ESV or a VMES, shall
coordinate the proposed frequency usage with existing terrestrial users
and with applicants for terrestrial station authorizations with
previously filed applications in accordance with the following
procedure:
* * * * *
(d) An applicant for operation of an earth station, other than an
ESV or a VMES, shall also ascertain whether the great circle
coordination distance contours and rain scatter coordination
[[Page 39369]]
distance contours, computed for those values of parameters indicated in
Sec. 25.251 (Appendix 7 of the ITU RR) for international coordination,
cross the boundaries of another Administration. In this case, the
applicant shall furnish the Commission copies of these contours on maps
drawn to appropriate scale for use by the Commission in effecting
coordination of the proposed earth station with the Administration(s)
affected.
* * * * *
(k) An applicant for operation of an earth station, other than an
ESV or a VMES, that will operate with a geostationary satellite or non-
geostationary satellite in a shared frequency band in which the non-
geostationary system is (or is proposed to be) licensed for feeder
links, shall demonstrate in its applications that its proposed earth
station will not cause unacceptable interference to any other satellite
network that is authorized to operate in the same frequency band, or
certify that the operations of its earth station shall conform to
established coordination agreements between the operator(s) of the
space station(s) with which the earth station is to communicate and the
operator(s) of any other space station licensed to use the band.
10. Amend Sec. 25.204 by revising the introductory text for
paragraph (a) and by adding paragraph (j) to read as follows:
Sec. 25.204 Power limits.
(a) In bands shared coequally with terrestrial radio communication
services, the equivalent isotropically radiated power transmitted in
any direction towards the horizon by an earth station, other than an
ESV or a VMES, operating in frequency bands between 1 and 15 GHz, shall
not exceed the following limits except as provided for in paragraph (c)
of this section:
* * * * *
(j) Within 125 km of the Tracking and Data Relay System Satellite
(TDRSS) sites identified in Sec. 25.XXX(a)(11) of this chapter, VMES
transmissions in the 14.0-14.2 GHz (Earth-to-space) band shall not
exceed an EIRP spectral density towards the horizon of 12.5 dBW/MHz,
and shall not exceed an EIRP towards the horizon of 16.3 dBW.
11. Amend Sec. 25.205 by adding paragraph (c) to read as follows:
Sec. 25.205 Minimum angle of antenna elevation.
* * * * *
(c) VMESs making a special showing requesting angles of elevation
less than 5[deg] measured from the horizontal plane to the direction of
maximum radiation pursuant to paragraph (a) of this section must still
meet the EIRP and EIRP density towards the horizon limits contained in
Sec. 25.204(j) of this chapter.
12. Section 25.XXX is added to read as follows:
Sec. 25.XXX Blanket Licensing provisions for Vehicle-Mounted Earth
Stations (VMESs) receiving in the 10.95-11.2 GHz (space-to-Earth),
11.45-11.7 GHz (space-to-Earth), 11.7-12.2 GHz (space-to-Earth)
frequency bands and transmitting in the 14.0-14.5 GHz (Earth-to-space)
frequency band, operating with Geostationary Satellites in the Fixed-
Satellite Service.
(a) All applications for licenses for VMESs receiving in the 10.95-
11.2 GHz (space-to-Earth), 11.45-11.7 GHz (space-to-Earth), and 11.7-
12.2 GHz (space-to-Earth) frequency bands, and transmitting in the
14.0-14.5 GHz (Earth-to-space) frequency band, to geostationary
satellites in the fixed-satellite service shall provide sufficient data
to demonstrate that the VMES operations meet the following criteria,
which are ongoing requirements that govern all VMES licensees and
operations in these bands:
(1) The off-axis EIRP spectral density for co-polarized signals,
emitted from the VMES 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]) - 10*log(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]) - 10*log(N) dBW/4kHz for 9.2[deg] < [thetas] <=
48[deg]
-24 - 10*log(N) dBW/4kHz for 48[deg] < [thetas] <= 180[deg]
where ([thetas]) is the angle in degrees from the axis of the main
lobe. For a VMES network using frequency division multiple access
(FDMA) or time division multiple access (TDMA) technique, N is equal to
one. For a VMES 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 VMES shall not exceed the
following values:
18 - 25log([thetas]) - 10*log(N) dBW/4kHz for 1.25[deg] <= [thetas] <=
48.0[deg]
-24-10*log(N) dBW/4kHz for 48.0[deg] < [thetas] <= 180[deg]
where [thetas] and N are defined as set forth in paragraph (a)(1) of
this section.
(3) For [thetas] >7.0[deg], the values given in paragraphs (a)(1)
of this Section may be exceeded by no more than 10% of the sidelobes,
provided no individual sidelobe exceeds the criteria given by more than
3 dB.
(4) In all directions, the off-axis EIRP spectral density for
cross-polarized signals emitted from the VMES shall not exceed the
following values:
5 - 25log([thetas]) - 10*log(N) dBW/4kHz for 1.8[deg] <= [thetas] <=
7.0[deg]
-16 - 10*log(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.
(5) For non-circular VMES antennas, the major axis of the antenna
will be aligned with the tangent to the geostationary satellite orbital
arc at the target satellite point, to the extent required to meet
specified off-axis EIRP criteria.
(6) A pointing error of less than 0.2[deg], between the orbital
location of the target satellite and the axis of the main lobe of the
VMES antenna.
(7) All emissions from the VMES shall automatically cease within
100 milliseconds if the angle between the orbital location of the
target satellite and the axis of the main lobe of the VMES antenna
exceeds 0.5[deg], and transmission will not resume until such angle is
less than 0.2[deg].
(8) There shall be a point of contact in the United States, with
phone number and address included with the application, available 24
hours a day, 7 days a week, with authority and ability to cease all
emissions from the VMES.
(9) A VMES that exceeds the radiation guidelines of section 1.1310
of this chapter, Radiofrequency radiation exposure limits, must
provide, with its environmental assessment, a plan for mitigation of
radiation exposure to the extent required to meet those guidelines.
(10) A VMES receiving in the 10.95-11.2 GHz (space-to-Earth),
11.45-11.7 GHz (space-to-Earth), 11.7-12.2 GHz (space-to-Earth)
frequency bands, and transmitting in the 14.0-14.5 GHz (Earth-to-space)
frequency band shall operate with the following provisions:
(i) For each VMES transmitter a record of the vehicle location
(i.e., latitude/longitude), transmit frequency, channel bandwidth, and
satellite used shall be time annotated and maintained for a period of
not less than one year. Records will be recorded at time
[[Page 39370]]
intervals no greater than every 20 minutes while the VMES is
transmitting. The VMES operator will make this data available upon
request to a coordinator, fixed-satellite system operator, NTIA, or the
Commission within 24 hours of the request.
(ii) VMES operators shall control all VMESs by a Hub earth station
located in the United States.
(11) Operations of VMESs in the 14.0-14.2 GHz (Earth-to-space)
frequency band within 125 km of the NASA TDRSS facilities on Guam
(latitude 13[deg]36'55'' N, longitude 144[deg]51'22'' E) or White
Sands, New Mexico (latitude 32[deg]20'59'' N, longitude 106[deg]36'31''
W and latitude 32[deg]32'40'' N, longitude 106[deg]36'48'' W) are
subject to coordination with NASA. When NASA seeks to provide similar
protection to future TDRSS sites that have been coordinated through the
National Telecommunications and Information Administration (NTIA)
Interdepartment Radio Advisory Committee (IRAC) Frequency Assignment
Subcommittee process, NTIA will notify the Commission that the site is
nearing operational status. Upon public notice from the Commission, all
Ku-band VMES operators must cease operations in the 14.0-14.2 GHz band
within 125 km of the new TDRSS site until they have coordinated with
the new site. After coordination, VMES operations will then again be
permitted to operate in the 14.0-14.2 GHz band within 125 km of the new
TDRSS site, subject to any operational constraints developed in the
coordination process.
(12) Operations of VMESs in the 14.47-14.5 GHz (Earth-to-space)
frequency band within: 45 km of the radio observatory on St. Croix,
Virgin Islands (latitude 17[deg]46' N, longitude 64[deg]35' W); 125 km
of the radio observatory on Mauna Kea, Hawaii (latitude 19[deg]48' N,
longitude 155[deg]28' W); 90 km of the Arecibo Observatory on Puerto
Rico (latitude 18[deg]20'46'' N, longitude 66[deg]45'11'' W); and 160
km of the radio observatories listed in US203 as observing in the
14.47-14.5 GHz band are subject to coordination with the National
Science Foundation (NSF).
(13) In the 10.95-11.2 GHz (space-to-Earth) and 11.45-11.7 GHz
(space-to-Earth) frequency bands a VMES shall not claim protection from
interference from any authorized terrestrial stations to which
frequencies are either already assigned, or may be assigned in the
future.
(14) VMES antennas licensed for reception of radio transmissions
from space stations in the fixed-satellite service in the 10.95-11.2
GHz (space-to-Earth), 11.45-11.7 GHz (space-to-Earth) and 11.7-12.2 GHz
(space-to-Earth) bands for which they have equal status with respect to
other fixed-satellite service applications are protected from harmful
interference caused by other space stations only to the degree to which
an earth station employing an antenna conforming to the referenced
patterns defined in Sec. 25.209(a) and (b) of the rules is protected
from radio interference.
(b) Applications for VMES operation in the 14.0-14.5 GHz (Earth-to-
space) to geostationary satellites in the fixed-satellite service must
include, in addition to the particulars of operation identified on Form
312 and associated Schedule B, the following data for each earth
station antenna type:
(1)(i) A series of EIRP density charts or tables at the maximum
EIRP density listed in Schedule B, calculated for a production earth
station antenna, based on measurements taken on a calibrated antenna
range at 14.25 GHz, with the off-axis EIRP envelope set forth in
paragraphs (a)(1) through (a)(4) of this section, as follows:
(A) Showing off-axis co-polarized EIRP spectral density in the
azimuth plane, at off-axis angles from minus 10[deg] to plus 10[deg]
and from minus 180[deg] to plus 180[deg].
(B) Showing off-axis co-polarized EIRP spectral density in the
elevation plane, at off-axis angles from 0[deg] to plus 30[deg].
(C) Showing off-axis cross-polarized EIRP spectral density in the
azimuth plane, at off-axis angles from minus 10[deg] to plus 10[deg].
(D) Showing off-axis cross-polarized EIRP spectral density in the
elevation plane, at off-axis angles from minus 10[deg] to plus 10[deg];
or
(ii) A certification, in Schedule B, that the VMES antenna conforms
to the gain pattern criteria of Sec. 25.209(a) and (b), that, combined
with the maximum input power density calculated from the EIRP density
less the antenna gain, which is entered in Schedule B, demonstrates
that the off-axis EIRP spectral density envelope set forth in
paragraphs (a)(1) through (a)(4) of this section will be met.
(2) The Multiple Access technique being employed and the value of
N.
(3) A certification from the antenna manufacturer countersigned by
the applicant that the antenna complies with the requirements in
paragraphs (a)(6) and (a)(7) of this section.
(4) The contact information pursuant to paragraph (a)(8) of this
section.
(5) The mitigation plan pursuant to paragraph (a)(9) of this
section.
(6) Indication of whether the VMES will operate in the regions
indicated in paragraph (a)(11) or (a)(12) of this section.
(7) For the hub station, as required pursuant to paragraph
(a)(10)(ii) of this section, the call sign for a previously authorized
earth station, the call sign of a pending earth station application, or
the technical information in Schedule B, pursuant to Sec. 25.115, if
the earth station is to be licensed concurrently with the VMES
terminals. The call sign of hub station is to be listed in the remote
control section of the Form 312 Schedule B.
13. Amend Sec. 25.271 by revising paragraph (b), the introductory
text for paragraph (c) and paragraph (f) to read as follows:
Sec. 25.271 Control of transmitting stations.
* * * * *
(b) The licensee of a transmitting earth station, other than an ESV
or a VMES, licensed under this part shall ensure that a trained
operator is present on the earth station site, or at a designated
remote control point for the earth station, at all times that
transmissions are being conducted. No operator's license is required
for a person to operate or perform maintenance on facilities authorized
under this part.
(c) Authority will be granted to operate a transmitting earth
station, other than an ESV or a VMES, by remote control only on the
conditions that:
* * * * *
(f) Rules for control of transmitting ESVs are provided in
Sec. Sec. 25.221 and 25.222 and rules for control of transmitting
VMESs are provided in Sec. 25.XXX.
[FR Doc. E7-13718 Filed 7-17-07; 8:45 am]
BILLING CODE 6712-01-P