[Federal Register Volume 73, Number 227 (Monday, November 24, 2008)]
[Rules and Regulations]
[Pages 70897-70905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27769]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 00-248; CC Docket No. 95-117; FCC 08-246]


Satellite Licensing Procedures

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission adopts new procedures for 
non-routine earth station applications, and adopts a reasonableness 
standard for contention protocol usage. These actions are necessary to 
expedite the licensing of earth stations often used to provide 
satellite-based broadband Internet access services.

DATES: Effective December 24, 2008, except for the amendments to 
Sec. Sec.  25.115, 25.134, 25.218, and 25.220, which contain 
information requirements that have not been approved by OMB. The 
Federal Communications Commission will publish a document in the 
Federal Register announcing the effective date for these rules once OMB 
approval has been received for the information collection requirements.

FOR FURTHER INFORMATION CONTACT: Steven Spaeth, International Bureau, 
telephone (202) 418-1539 or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This summary of the Commission's Eighth 
Report and Order, IB Docket No. 00-248, and Order on Reconsideration, 
CC Docket No. 95-117, FCC 08-246, adopted October 10, 2008, and 
released October 17, 2008. The complete text of this Eighth Report and 
Order and Order on Reconsideration 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 Eighth 
Report and Order have been analyzed with respect to the Paperwork 
Reduction Act of 1995 (PRA), Public Law 104-13 (44 U.S.C. 3501-3520), 
and found to impose new and modified requirements. Implementation of 
these new and modified requirements will be subject to approval by the 
Office of Management and Budget (OMB) as prescribed by the PRA, and 
will go into effect upon announcement in the Federal Register of OMB 
approval. The Commission will publish a separate notice in the Federal 
Register inviting comment on the new and revised information collection 
requirements contained in this document. In addition, pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, 44 
U.S.C. 3506(c)(4), we will also seek specific comment on how the 
Commission might ``further reduce the information collection burden for 
small business concerns with fewer than 25 employees.''

Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Third Further Notice of Proposed Rulemaking (Third 
Further Notice) in IB Docket No. 00-248, 70 FR 33426 (June 8, 2005). 
The Commission sought written public comment on the proposals in the 
Third Further Notice, including comment on the IRFA. This Final 
Regulatory Flexibility Analysis (FRFA) conforms to the RFA.\1\
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    \1\ 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.
    We codify streamlined procedures that allow for routine treatment 
of applications for earth stations that will comply with an off-axis 
EIRP envelope.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    No comments were submitted directly in response to the IRFA in the 
Third 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.\2\ The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' \3\ In addition, the term ``small business'' has the 
same meaning as the term ``small business concern'' under the Small 
Business Act.\4\ 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).\5\
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    \2\ 5 U.S.C. 604(a)(3).
    \3\ 5 U.S.C. 601(6).
    \4\ 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).
    \5\ 15 U.S.C. 632.
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    1. Cable Services. The SBA has developed a small business size

[[Page 70898]]

standard for Cable and Other Program Distribution, which consists of 
all such firms having $12.5 million or less in annual receipts.\6\ 
According to Census Bureau data for 1997, in this category there was a 
total of 1,311 firms that operated for the entire year.\7\ 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.\8\ Thus, under this size standard, the majority of firms 
can be considered small.
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    \6\ 13 CFR 121.201, NAICS code 517510.
    \7\ 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).
    \8\ 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.\9\ 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.\10\ 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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    \9\ 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 Doc. Nos. 92-266 and 93-215, Sixth 
Report and Order and Eleventh Order on Reconsideration, 10 FCC Rcd 
7393, 7408-7409 (paras. 28-30) (1995).
    \10\ 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.'' \11\ The Commission has determined 
that there are 67,700,000 subscribers in the United States.\12\ 
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.\13\ Based on available data, we estimate that 
the number of cable operators serving 677,000 subscribers or less 
totals approximately 1,450.\14\ We do not request or collect 
information on whether cable operators are affiliated with entities 
whose gross annual revenues exceed $250,000,000,\15\ 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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    \11\ 47 U.S.C. 543(m)(2).
    \12\ See FCC Announces New Subscriber Count for the Definition 
of Small Cable Operator, Public Notice, 16 FCC Rcd 2225 (2001).
    \13\ 47 CFR 76.1403(b).
    \14\ See FCC Announces New Subscriber Count for the Definition 
of Small Cable Operator, Public Notice, 16 FCC Rcd 2225 (2001).
    \15\ 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 the Third 
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.\16\ This definition provides that a small 
entity is expressed as one with $12.5 million or less in annual 
receipts.\17\ 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.\18\
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    \16\ ``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.
    \17\ 13 CFR 120.121, NAICS code 517310.
    \18\ 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,\19\ and television 
broadcasting stations.\20\ 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.\21\ There are currently 3,237 FM translators and boosters, 
4913 TV translators.\22\ 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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    \19\ 13 CFR 121.201, NAICS code 515112.
    \20\ 13 CFR 121.201, NAICS code 515120.
    \21\ 13 CFR 121.201.
    \22\ 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,\23\ private-operational fixed,\24\ and broadcast auxiliary 
radio services.\25\ 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

[[Page 70899]]

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.\26\ 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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    \23\ See 47 CFR 101 et seq. (formerly, part 21 of the 
Commission's Rules).
    \24\ 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.
    \25\ 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.
    \26\ See 13 CFR 121.201, NAICS code 517212.
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D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    The rules adopted in the Eighth Report and Order are not intended 
to increase the reporting, recordkeeping and other compliance 
requirements of any licensee, and we do not anticipate any differential 
treatment to be received by larger and smaller entities. The reporting 
requirements associated with the off-axis EIRP envelope method for 
reviewing earth station applications are the same as the reporting 
requirements associated with one of the earth station application 
procedures adopted in the Fifth Report and Order in IB Docket No. 00-
248, 70 FR 32249 (June 2, 2005). These requirements will not affect 
small businesses differently from other non-routine earth station 
applicants.

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.\27\
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    \27\ 5 U.S.C. 603(c)(1)-(c)(4).
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    In this Eighth Report and Order, the Commission considers and 
rejects a proposal to require analog video earth station operators to 
comply with an off-axis EIRP envelope. Commenters persuasively argued 
that such a requirement would have been burdensome for all analog video 
earth station operators, including small business analog video earth 
station operators.

F. Report to Congress

    The Commission will send a copy of the Eighth Report and Order, 
including this FRFA, in a report to be sent to Congress and the 
Government Accountability Office 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 Eighth Report and Order, including FRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration. A copy of 
the Eighth 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 Eighth Report and Order adopts an off-axis equivalent 
isotropically radiated power (EIRP) approach for licensing non-routine 
FSS earth stations, thus giving earth station operators greater 
flexibility to make technical adjustments and request routine 
application processing. Part 25 specifies technical requirements for 
``routine'' FSS earth station applications. ``Routine'' applications 
are those that can be granted without a detailed engineering review. 
There are many non-routine earth stations that can be licensed without 
increasing the risk of harmful interference, but determining whether a 
particular non-routine earth station can be licensed requires a 
detailed engineering review. Licensing non-routine earth stations is 
important because they are often used to provide broadband Internet 
access.
    The off-axis EIRP approach is based on a limit on the EIRP of side 
lobes. Decreasing the diameter of an earth station antenna increases 
the side lobes. Increasing the power into an earth station antenna also 
increases the side lobes. Thus, an earth station operator could 
compensate for a high power level by increasing its antenna diameter, 
or vice versa. An off-axis EIRP rule would make it easier for earth 
station license applicants to make these trade-offs, and to obtain 
Commission authorizations on a more expedited basis.
    The Eighth Report and Order also adopts rules based on a study on 
contention protocols submitted by a commenter in this proceeding. This 
contention protocol issue is related to very small aperture terminal 
(VSAT) networks. VSAT networks are generally comprised of a hub station 
transmitting to a satellite, which then transmits the signal to 
multiple remote earth stations, or vice versa. VSAT networks use a 
number of different techniques, or protocols, to prevent or limit 
interference among the multiple remote earth stations, and to prevent 
them from interfering with other adjacent satellite networks. 
Sometimes, the remotes are assigned different frequencies, or transmit 
times. This is known as Frequency Division Multiple Access (FDMA), and 
Time Division Multiple Access (TDMA). Other protocols are referred to 
as ``contention protocols.'' Under this approach, the VSAT system 
operator allows simultaneous transmissions to interfere with each 
other, but uses statistical techniques to keep the intra-VSAT network 
interference to a minimum.
    Simultaneous transmissions in contention protocol usage are called 
``collisions.'' Collisions result in power levels in excess of the 
levels allowed by the Commission's rules, although for no more than 
tens of milliseconds. Originally, the Commission assumed that the power 
levels during ``collisions'' could increase the likelihood of harmful 
interference. Therefore, the Commission has requested comment on a 
number of proposals over the course of this proceeding to limit various 
aspects of contention protocol usage to reduce the probability and 
duration of collisions. However, the record in this proceeding includes 
a technical study that convincingly shows contention protocol usage 
decreases the likelihood of harmful interference in most areas of the 
country, and the increases in other areas are de minimis. Based on this 
study, the Eighth Report and Order decides not to adopt any of the 
contention protocol proposals considered previously in this proceeding. 
Instead, contention protocol users are required to be ``reasonable,'' 
which is defined as not increasing the likelihood of harmful 
interference any more than the sample VSAT networks modeled in the 
study discussed in the Eighth Report and Order.
    In addition, the Eighth Report and Order considers and rejects a 
proposal to revise procedures for licensing earth stations in the Quiet 
Zone. The ``Quiet Zone'' is a 13,000 square mile area in Virginia, West 
Virginia, and Maryland, created to protect radio astronomy. The current 
procedure, in place since 1958, requires the Commission to notify the 
National Radio Astronomy Observatory (NRAO) when it receives an 
application for an earth station in the Quiet Zone. In an earlier phase 
of this proceeding, NRAO proposed replacing the traditional 
notification procedure with a coordination procedure. The Eighth Report 
and Order does not adopt NRAO's proposal, because the current 
notification requirement has been in place since 1958, and nothing in 
the

[[Page 70900]]

record suggests that it has not been sufficient.
    Finally, the Commission considers several miscellaneous issues 
raised in petitions for reconsideration of the Fifth Report and Order 
in IB Docket No. 00-248, 70 FR 32249 (June 2, 2005), the Sixth Report 
and Order in IB Docket No. 00-248, 70 FR 33373 (June 8, 2005), and the 
1996 Streamlining Order, 62 FR 5924 (Feb. 10, 1997). Based on those 
petitions for reconsideration, the Commission clarified, among other 
things, that non-routine earth stations need not be afforded more 
protection from interference than a routine earth station would. The 
Commission also clarified the satellites with whom a target satellite 
operator must coordinate prior to the time a non-routine earth station 
operator communicating with that target satellite operator plans to 
begin operations. All other issues raised in these petitions for 
reconsideration were dismissed as moot, denied because they were 
outside the scope of the proceeding, or denied because the Commission 
had considered and rejected the petitioner's proposal in a previous 
Order.

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 Eighth 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 below. 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.
    It is further ordered, pursuant to Sec.  1.106 of the Commission's 
rules, 47 CFR 1.106, that the Petition for Reconsideration of the Fifth 
Report and Order filed by the Satellite Industry Association (SIA) is 
granted in part and denied in part.
    It is further ordered, pursuant to Sec.  1.106 of the Commission's 
rules, 47 CFR 1.106, that the Petition for Reconsideration of the Sixth 
Report and Order filed by SIA is Granted.
    It is further ordered, pursuant to Sec.  1.106 of the Commission's 
rules, 47 CFR 1.106, that the Petition for Reconsideration of the Sixth 
Report and Order filed by Boeing is dismissed as moot.
    It is further ordered, pursuant to Sec.  1.106 of the Commission's 
rules, 47 CFR 1.106, that the Petitions for Reconsideration of the 1996 
Streamlining Order filed by EDS Corporation (EDS) and GE American 
Communications, Inc. (GE Americom) are dismissed as moot.
    It is further ordered, pursuant to Sec.  1.106 of the Commission's 
rules, 47 CFR 1.106, that the Petition for Reconsideration of the 1996 
Streamlining Order filed by Telquest Ventures, Inc. (Telquest) is 
denied.

List of Subjects in 47 CFR Part 25

    Satellites.

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. Section 25.115 is amended by adding paragraphs (h) and (i) to read 
as follows:


Sec.  25.115  Application for earth station authorizations.

* * * * *
    (h) Any earth station applicant filing an application pursuant to 
Sec.  25.218 of this chapter must file three tables showing the off-
axis EIRP level of the proposed earth station antenna of the plane of 
the geostationary orbit, the elevation plane, and towards the horizon. 
In each table, the EIRP level must be provided at increments of 
0.1[deg] for angles between 0[deg] and 10[deg] off-axis, and at 
increments of 5[deg] for angles between 10[deg] and 180[deg] off-axis.
    (1) For purposes of the off-axis EIRP table in the plane of the 
geostationary orbit, the off-axis angle is the angle in degrees from 
the line connecting the focal point of the antenna to the target 
satellite, within 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.
    (2) For purposes of the off-axis EIRP table in the elevation plane, 
the off-axis angle is the angle in degrees from the line connecting the 
focal point of the antenna to the target satellite, within the plane 
perpendicular to 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.
    (3) For purposes of the off-axis EIRP table towards the horizon, 
the off-axis angle is the angle in degrees from the line determined by 
the intersection of the horizontal plane and the elevation plane 
described in paragraph (h)(2) of this section, in the horizontal plane. 
The horizontal plane is the plane determined by the focal point of the 
antenna and the horizon.
    (4) In addition, in an attachment to its application, the earth 
station applicant must certify that it will limit its pointing error to 
0.5[deg], or demonstrate that it will comply with the applicable off-
axis EIRP envelopes in Sec.  25.218 of this part when the antenna is 
mispointed at its maximum pointing error.
    (i) Any earth station applicant filing an application for a VSAT 
network made up of FSS earth stations and planning to use a contention 
protocol must include in its application a certification that it will 
comply with the requirements of Sec.  25.134(g)(4).

0
3. Section 25.134 is amended by adding paragraph (g)(4) to read as 
follows:


Sec.  25.134  Licensing provisions of Very Small Aperture Terminal 
(VSAT) and C-band Small Aperture Terminal (CSAT) networks.

* * * * *
    (g) * * *
    (4) Any earth station applicant filing an application to operate a 
VSAT network after December 24, 2008 in the Ku-band and planning to use 
a contention protocol must certify that its contention protocol usage 
will be reasonable.
* * * * *

0
4. Section 25.138 is amended by revising paragraph (a)(4) to read as 
follows:


Sec.  25.138  Blanket Licensing provisions of GSO FSS Earth Stations in 
the 18.3-18.8 GHz (space-to-Earth), 19.7-20.2 GHz (space-to-Earth), 
28.35-28.6 GHz (Earth-to-space), and 29.25-30.0 GHz (Earth-to-space) 
bands.

    (a) * * *
    (4) GSO FSS earth station antenna off-axis EIRP spectral density 
for cross-polarized signals shall not exceed the following values, in 
all directions relative to the GSO arc, under clear sky conditions:

[[Page 70901]]



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----------------------------------------------------------------------------------------------------------------
8.5-25log([thetas])-10log(N).......  dBW/40 kHz............  For...................  2.0[deg] < [thetas] <=
                                                                                      7.0[deg]
-12.63-10log(N)....................  dBW/40 kHz............  For...................  7.0[deg] < [thetas] <=
                                                                                      9.23[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] is the angle in degrees from the axis of the main 
lobe. For systems where more than one earth station is expected to 
transmit simultaneously in the same bandwidth, e.g., CDMA systems, N 
is the likely maximum number of simultaneously transmitting co-
frequency earth stations in the receive beam of the satellite. N=1 
for TDMA and FDMA systems.
* * * * *

0
5. Section 25.209 is amended by revising paragraphs (a), (b), and 
(c)(1), removing and reserving paragraph (d), revising paragraph (f), 
and removing and reserving paragraph (g), to read as follows:


Sec.  25.209  Antenna performance standards.

    (a) The gain of any antenna to be employed in transmission from an 
earth station in the fixed-satellite service shall lie below the 
envelope defined below:
    (1) In the plane of the geostationary satellite orbit as it appears 
at the particular earth station location, for earth stations not 
operating in the Ka-band or conventional Ku-band:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
29-25log10[thetas].................  dBi...................  For...................  1.5[deg] <= [thetas] <=
                                                                                      7[deg]
8..................................  dBi...................  For...................  7[deg] < [thetas] <=
                                                                                      9.2[deg]
32-25log10[thetas].................  dBi...................  For...................  9.2[deg] < [thetas] <=
                                                                                      48[deg]
-10................................  dBi...................  For...................  48[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] is the angle in degrees from the axis of the main 
lobe, and dBi refers to dB relative to an isotropic radiator. For 
the purposes of this section, the peak gain of an individual 
sidelobe may not exceed the envelope defined above for [thetas] 
between 1.5 and 7.0 degrees. For [thetas] greater than 7.0 degrees, 
the envelope may be exceeded by no more than 10% of the sidelobes, 
provided no individual sidelobe exceeds the gain envelope given 
above by more than 3 dB.

    (2) In the plane of the geostationary satellite orbit as it appears 
at the particular earth station location, for earth stations operating 
in the Ka-band or conventional Ku-band:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
29-25log10[thetas].................  dBi...................  For...................  1.5[deg] <= [thetas] <=
                                                                                      7[deg]
8..................................  dBi...................  For...................  7[deg] < [thetas] <=
                                                                                      9.2[deg]
32-25log10[thetas].................  dBi...................  For...................  9.2[deg] < [thetas] <=
                                                                                      48[deg]
-10................................  dBi...................  For...................  48[deg] < [thetas] <=
                                                                                      85[deg]
0..................................  dBi...................  For...................  85[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

    (3) In all other directions, or in the plane of the horizon 
including any out-of-plane potential terrestrial interference paths, 
for all earth stations not operating in the Ka-band or conventional Ku-
band:
    Outside the main beam, the gain of the antenna shall lie below the 
envelope defined by:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
32-25log10[thetas].................  dBi...................  For...................  3[deg] < [thetas] <=
                                                                                      48[deg]
-10................................  dBi...................  For...................  48[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] and dBi are defined above. For the purposes of this 
section, the envelope may be exceeded by no more than 10% of the 
sidelobes provided no individual sidelobe exceeds the gain envelope 
given above by more than 6 dB. The region of the main reflector 
spillover energy is to be interpreted as a single lobe and shall not 
exceed the envelope by more than 6 dB.

    (4) In all other directions, or in the plane of the horizon 
including any out-of-plane potential terrestrial interference paths, 
for all earth stations operating in the Ka-band or conventional Ku-
band:
    Outside the main beam, the gain of the antenna shall lie below the 
envelope defined by:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
32-25log10[thetas].................  dBi...................  For...................  3[deg] < [thetas] <=
                                                                                      48[deg]
-10................................  dBi...................  For...................  48[deg] < [thetas] <=
                                                                                      85[deg]
0..................................  dBi...................  For...................  85[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] and dBi are defined above. For the purposes of this 
section, the envelope may be exceeded by no more than 10% of the 
sidelobes provided no individual sidelobe exceeds the gain envelope 
given above by more than 6 dB. The region of the main reflector 
spillover energy is to be interpreted as a single lobe and shall not 
exceed the envelope by more than 6 dB.

    (5) Elliptical earth station antennas may be operated only when the 
major axis of the antenna is aligned with the plane of the 
geostationary satellite orbit as it appears at the particular earth 
station location.
    (b) The off-axis cross-polarization gain of any antenna to be 
employed in transmission from an earth station to a space station in 
the domestic fixed-satellite service shall be defined as follows:
    (1) In the plane of the geostationary satellite orbit as it appears 
at the particular earth station location:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
19-25log10[thetas].................  dBi...................  For...................  1.8[deg] < [thetas] <=
                                                                                      7[deg]
-2.................................  dBi...................  For...................  7[deg] < [thetas] <=
                                                                                      9.2[deg]
----------------------------------------------------------------------------------------------------------------


[[Page 70902]]

where [thetas] is the angle in degrees from the axis of the main 
lobe, and dBi refers to dB relative to an isotropic radiator.

    (2) In all other directions, or in the plane of the horizon 
including any out-of-plane potential terrestrial interference paths:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
19-25log10[thetas].................  dBi...................  For...................  3[deg] < [thetas] <= 7[deg]
-2.................................  dBi...................  For...................  7[deg] < [thetas] <=
                                                                                      9.2[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] and dBi are defined above.

    (c)(1) Earth station antennas licensed for reception of radio 
transmissions from a space station in the fixed-satellite service are 
protected from radio interference caused by other space stations only 
to the degree to which harmful interference would not be expected to be 
caused to an earth station employing an antenna conforming to the 
referenced patterns defined in paragraphs (a) and
    (b) of this section, and protected from radio interference caused 
by terrestrial radio transmitters identified by the frequency 
coordination process only to the degree to which harmful interference 
would not be expected to be caused to an earth station conforming to 
the reference pattern defined in paragraphs (a)(3) and (a)(4) of this 
section.
* * * * *
    (f) An earth station with an antenna not conforming to the 
standards of paragraphs (a) and (b) of this section will be authorized 
only if the applicant meets its burden of demonstrating that its 
antenna will not cause unacceptable interference. For ESVs in the C-
band, this demonstration must comply with the procedures set forth in 
Sec.  25.221. For ESVs in the Ku-band, this demonstration must comply 
with the procedures set forth in Sec.  25.222. For feeder-link earth 
stations in the 17/24 GHz BSS, this demonstration must comply with the 
procedures set forth in Sec.  25.223. For other FSS earth stations, 
this demonstration must comply with the procedures set forth in 
Sec. Sec.  25.218 or 25.220. In any case, the Commission will impose 
appropriate terms and conditions in its authorization of such 
facilities and operations.
* * * * *

0
6. Section 25.212 is amended by revising paragraph (c) to read as 
follows:


Sec.  25.212  Narrowband analog transmissions, digital transmissions, 
and video transmissions in the GSO Fixed-Satellite Service.

* * * * *
    (c) In the 14.0 through 14.5 GHz band, an earth station with an 
antenna equivalent diameter of 1.2 meters or greater may be routinely 
licensed for transmission of narrowband analog services with bandwidths 
up to 200 kHz if the maximum input power spectral density into the 
antenna does not exceed -8 dBW/4 kHz and the maximum transmitted 
satellite carrier EIRP density does not exceed 17 dBW/4 kHz. Such earth 
stations may be routinely licensed for transmission of narrowband and/
or wideband digital services, including digital video services, if the 
maximum input spectral power density into the antenna does not exceed -
14 dBW/4 kHz, and the maximum transmitted satellite carrier EIRP 
density does not exceed +10.0 dBW/4 kHz. Antennas transmitting in the 
14.0 through 14.5 GHz band with a major and/or minor axis smaller than 
1.2 meters are subject to the provisions of Sec.  25.220, which may 
include power reduction requirements.
* * * * *

0
7. Section 25.218 is added to read as follows:


Sec.  25.218  Off-axis EIRP envelopes for FSS earth station operations.

    (a) This section applies to all earth station applications, except 
for:
    (1) ESV applications,
    (2) Analog video earth station applications,
    (3) Applications for feeder-link earth stations in the 17/24 GHz 
BSS.
    (b) Earth station applications subject to this section are eligible 
for routine processing if they meet the applicable off-axis EIRP 
envelope set forth in this section below. For purposes of this section, 
the term ``extended Ku-band'' is the 10.7 through 11.7 GHz, 12.75 
through 13.25 GHz, and 13.75 through 14.0 GHz band. The term 
``conventional Ku-band'' is defined in Sec.  25.201 of this chapter.
    (c) C-band analog earth station operations. (1) In the plane of the 
geostationary satellite orbit as it appears at the particular earth 
station location:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
29.5-25log10[thetas]...............  dBW/4 kHz.............  For...................  1.5[deg] <= [thetas] <=
                                                                                      7[deg]
8.5................................  dBW/4 kHz.............  For...................  7[deg] < [thetas] <=
                                                                                      9.2[deg]
32.5-25log10[thetas]...............  dBW/4 kHz.............  For...................  9.2[deg] < [thetas] <=
                                                                                      48[deg]
-9.5...............................  dBW/4 kHz.............  For...................  48[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] is the angle in degrees from the line connecting the 
focal point of the antenna to the target satellite, and the 
geostationary orbit plane is 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. For the 
purposes of this section, the peak EIRP of an individual sidelobe 
may not exceed the envelope defined above for [thetas] between 
1.5[deg] and 7.0[deg]. For [thetas] greater than 7.0[deg], the 
envelope may be exceeded by no more than 10% of the sidelobes, 
provided no individual sidelobe exceeds the envelope given above by 
more than 3 dB.

    (2) In all other directions, or in the plane of the horizon 
including any out-of-plane potential terrestrial interference paths:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
32.5-25log10[thetas]...............  dBW/4 kHz.............  For...................  3[deg] <= [thetas] <=
                                                                                      48[deg]
-9.5...............................  dBW/4 kHz.............  For...................  48[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] is the angle in degrees from the line connecting the 
focal point of the antenna to the target satellite, within any plane 
that includes that line, with the exception of 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. For the purposes of this section, the envelope may be 
exceeded by no more than 10% of the sidelobes provided no individual 
sidelobe exceeds the envelope given above by more than 6 dB. The 
region of the main reflector spillover energy is to be interpreted 
as a single lobe and shall not exceed the envelope by more than 6 
dB.

    (d) C-band digital earth station operations. (1) In the plane of 
the

[[Page 70903]]

geostationary satellite orbit as it appears at the particular earth 
station location:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
26.3-10log10(N)-25log10[thetas]....  dBW/4 kHz.............  For...................  1.5[deg] <= [thetas] <=
                                                                                      7[deg]
5.3-10log10(N).....................  dBW/4 kHz.............  For...................  7[deg] < [thetas] <=
                                                                                      9.2[deg]
29.3 -10log10(N)-25log10[thetas]...  dBW/4 kHz.............  For...................  9.2[deg] < [thetas] <=
                                                                                      48[deg]
-12.7-10log10(N)...................  dBW/4 kHz.............  For...................  48[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] and the plane of the geostationary satellite orbit 
are defined in paragraph (c)(1) of this section, and N is defined 
below. For the purposes of this section, the peak EIRP of an 
individual sidelobe may not exceed the envelope defined above for 
[thetas] between 1.5[deg] and 7.0[deg]. For [thetas] greater than 
7.0[deg], the envelope may be exceeded by no more than 10% of the 
sidelobes, provided no individual sidelobe exceeds the envelope 
given above by more than 3 dB. 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.

    (2) In all other directions, or in the plane of the horizon 
including any out-of-plane potential terrestrial interference paths:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
29.3-10log10(N)-25log10[thetas]....  dBW/4 kHz.............  For...................  3[deg] <= [thetas] <=
                                                                                      48[deg]
-12.7-10log10(N)...................  dBW/4 kHz.............  For...................  48[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] is defined in paragraph (c)(2) of this section, and N 
is defined in paragraph (d)(1) of this section. For the purposes of 
this section, the envelope may be exceeded by no more than 10% of 
the sidelobes provided no individual sidelobe exceeds the envelope 
given above by more than 6 dB. The region of the main reflector 
spillover energy is to be interpreted as a single lobe and shall not 
exceed the envelope by more than 6 dB.

    (e) Conventional Ku-band analog earth station operations. (1) In 
the plane of the geostationary satellite orbit as it appears at the 
particular earth station location:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
21-25log10[thetas].................  dBW/4 kHz.............  For...................  1.5[deg] <= [thetas] <=
                                                                                      7[deg]
0..................................  dBW/4 kHz.............  For...................  7[deg] < [thetas] <=
                                                                                      9.2[deg]
24-25log10[thetas].................  dBW/4 kHz.............  For...................  9.2[deg] < [thetas] <=
                                                                                      48[deg]
-18................................  dBW/4 kHz.............  For...................  48[deg] < [thetas] <=
                                                                                      85[deg]
-8.................................  dBW/4 kHz.............  For...................  85[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] and the plane of the geostationary satellite are 
defined in paragraph (c)(1) of this section. For the purposes of 
this section, the peak EIRP of an individual sidelobe may not exceed 
the envelope defined above for [thetas] between 1.5[deg] and 
7.0[deg]. For [thetas] greater than 7.0[deg], the envelope may be 
exceeded by no more than 10% of the sidelobes, provided no 
individual sidelobe exceeds the envelope given above by more than 3 
dB.

    (2) In all other directions, or in the plane of the horizon 
including any out-of-plane potential terrestrial interference paths:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
24-25log10[thetas].................  dBW/4 kHz.............  For...................  3[deg] <= [thetas] <=
                                                                                      48[deg]
-18................................  dBW/4 kHz.............  For...................  48[deg] < [thetas] <=
                                                                                      85[deg]
-8.................................  dBW/4 kHz.............  For...................  85[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] is defined in paragraph (c)(2) of this section. For 
the purposes of this section, the envelope may be exceeded by no 
more than 10% of the sidelobes provided no individual sidelobe 
exceeds the envelope given above by more than 6 dB. The region of 
the main reflector spillover energy is to be interpreted as a single 
lobe and shall not exceed the envelope by more than 6 dB.

    (f) Conventional Ku-band digital earth station operations. (1) In 
the plane of the geostationary satellite orbit as it appears at the 
particular earth station location:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
15-10log10(N)-25log10[thetas]......  dBW/4 kHz.............  For...................  1.5[deg] <= [thetas] <=
                                                                                      7[deg]
-6-10log10(N)......................  dBW/4 kHz.............  For...................  7[deg] < [thetas] <=
                                                                                      9.2[deg]
18-10log10(N)-25log10[thetas]......  dBW/4 kHz.............  For...................  9.2[deg] < [thetas] <=
                                                                                      48[deg]
-24-10log10(N).....................  dBW/4 kHz.............  For...................  48[deg] < [thetas] <=
                                                                                      85[deg]
-14-10log10(N).....................  dBW/4 kHz.............  For...................  85[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] and the plane of the geostationary satellite orbit 
are defined in paragraph (c)(1) of this section, and N is defined 
below. For the purposes of this section, the peak EIRP of an 
individual sidelobe may not exceed the envelope defined above for 
[thetas] between 1.5[deg] and 7.0[deg]. For [thetas] greater than 
7.0[deg], the envelope may be exceeded by no more than 10% of the 
sidelobes, provided no individual sidelobe exceeds the envelope 
given above by more than 3 dB. 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.
    (2) In all other directions, or in the plane of the horizon 
including any out-of-plane potential terrestrial interference paths:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
18-10log10(N)-25log10[thetas]......  dBW/4 kHz.............  For...................  3[deg] <= [thetas] <=
                                                                                      48[deg]
-24-10log10(N).....................  dBW/4 kHz.............  For...................  48[deg] < [thetas] <=
                                                                                      85[deg]

[[Page 70904]]

 
-14-10log10(N).....................  dBW/4 kHz.............  For...................  85[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] is defined in paragraph (c)(2) of this section, and N 
is defined in paragraph (f)(1) of this section. For the purposes of 
this section, the envelope may be exceeded by no more than 10% of 
the sidelobes provided no individual sidelobe exceeds the envelope 
given above by more than 6 dB. The region of the main reflector 
spillover energy is to be interpreted as a single lobe and shall not 
exceed the envelope by more than 6 dB.

    (g) Extended Ku-band analog earth station operations. (1) In the 
plane of the geostationary satellite orbit as it appears at the 
particular earth station location:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
21-25log10[thetas].................  dBW/4 kHz.............  For...................  1.5[deg] <= [thetas] <=
                                                                                      7[deg]
0..................................  dBW/4 kHz.............  For...................  7[deg] < [thetas] <=
                                                                                      9.2[deg]
24-25log10[thetas].................  dBW/4 kHz.............  For...................  9.2[deg] < [thetas] <=
                                                                                      48[deg]
-18................................  dBW/4 kHz.............  For...................  48[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] and the plane of the geostationary satellite orbit 
are defined in paragraph (c)(1) of this section. For the purposes of 
this section, the peak EIRP of an individual sidelobe may not exceed 
the envelope defined above for [thetas] between 1.5[deg] and 
7.0[deg]. For [thetas] greater than 7.0[deg], the envelope may be 
exceeded by no more than 10% of the sidelobes, provided no 
individual sidelobe exceeds the envelope given above by more than 3 
dB.

    (2) In all other directions, or in the plane of the horizon 
including any out-of-plane potential terrestrial interference paths:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
24-25log10[thetas].................  dBW/4 kHz.............  For...................  3[deg] <= [thetas] <=
                                                                                      48[deg]
-18................................  dBW/4 kHz.............  For...................  48[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] is defined in paragraph (c)(2) of this section. For 
the purposes of this section, the envelope may be exceeded by no 
more than 10% of the sidelobes provided no individual sidelobe 
exceeds the envelope given above by more than 6 dB. The region of 
the main reflector spillover energy is to be interpreted as a single 
lobe and shall not exceed the envelope by more than 6 dB.

    (h) Extended Ku-band digital earth station operations. (1) In the 
plane of the geostationary satellite orbit as it appears at the 
particular earth station location:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
15-10log10(N)-25log10[thetas]......  dBW/4 kHz.............  For...................  1.5[deg] <= [thetas] <=
                                                                                      7[deg]
-6-10log10(N)......................  dBW/4 kHz.............  For...................  7[deg] < [thetas] <=
                                                                                      9.2[deg]
18-10log10(N)-25log10[thetas]......  dBW/4 kHz.............  For...................  9.2[deg] < [thetas] <=
                                                                                      48[deg]
-24-10log10(N).....................  dBW/4 kHz.............  For...................  48[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] and the plane of the geostationary satellite orbit 
are defined in paragraph (c)(1) of this section, and N is defined 
below. For the purposes of this section, the peak EIRP of an 
individual sidelobe may not exceed the envelope defined above for 
[thetas] between 1.5[deg] and 7.0[deg]. For [thetas] greater than 
7.0[deg], the envelope may be exceeded by no more than 10% of the 
sidelobes, provided no individual sidelobe exceeds the envelope 
given above by more than 3 dB. 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.

    (2) In all other directions, or in the plane of the horizon 
including any out-of-plane potential terrestrial interference paths:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
18-10log10(N)-25log10[thetas]......  dBW/4 kHz.............  For...................  3[deg] <= [thetas] <=
                                                                                      48[deg]
-24-10log10(N).....................  dBW/4 kHz.............  For...................  48[deg] < [thetas] <=
                                                                                      85[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] is defined in paragraph (c)(2) of this section and N 
is defined in paragraph (h)(1) of this section. For the purposes of 
this section, the envelope may be exceeded by no more than 10% of 
the sidelobes provided no individual sidelobe exceeds the envelope 
given above by more than 6 dB. The region of the main reflector 
spillover energy is to be interpreted as a single lobe and shall not 
exceed the envelope by more than 6 dB.


0
8. Section 25.220 is amended by revising paragraphs (a) and (d), and 
removing and reserving paragraphs (c), (e), and (f), to read as 
follows:


Sec.  25.220  Non-conforming transmit/receive earth station operations.

    (a)(1) This section applies to earth station applications, other 
than ESV applications and 17/24 GHz BSS feeder link applications, in 
which the proposed earth station operations do not fall within the 
applicable off-axis EIRP envelope specified in Section 25.218 of this 
chapter.
    (2) The requirements for petitions to deny applications filed 
pursuant to this section are set forth in Sec.  25.154.
* * * * *
    (d)(1) The applicant must submit the certifications listed in 
paragraphs (d)(1)(i) through (d)(1)(iv) of this section. The applicant 
will be authorized to transmit only to the satellite systems included 
in the coordination agreements referred to in the certification 
required by paragraph (d)(1)(ii) of this section. The applicant will be 
granted protection from receiving interference only with respect to the 
satellite systems included in the coordination agreements referred to 
in the certification required by paragraph (d)(1)(ii) of this section, 
and only to the extent that protection from receiving interference is 
afforded by those coordination agreements.
    (i) A statement from the satellite operator acknowledging that the 
proposed operation of the subject non-conforming earth station with its 
satellite(s) has the potential to receive interference from adjacent 
satellite networks that may be unacceptable.

[[Page 70905]]

    (ii) A statement from the satellite operator that it has 
coordinated the operation of the subject non-conforming earth station 
accessing its satellite(s), including its required downlink power 
density based on the information contained in the application, with all 
adjacent satellite networks within 6[deg] of orbital separation from 
its satellite(s), and the operations will operate in conformance with 
existing coordination agreement for its satellite(s) with other 
satellite systems, except as set forth in paragraph (d)(4) of this 
section.
    (iii) A statement from the satellite operator that it will include 
the subject non-conforming earth station operations in all future 
satellite network coordinations, and
    (iv) A statement from the earth station applicant certifying that 
it will comply with all coordination agreements reached by the 
satellite operator(s).
    (2) A license granted pursuant to paragraph (d)(1) of this section 
will include, as a condition on that license, that if a good faith 
agreement cannot be reached between the satellite operator and the 
operator of a future 2[deg] compliant satellite, the earth station 
operator shall accept the power density levels that would accommodate 
the 2[deg] compliant satellite.
    (3) In the event that a coordination agreement discussed in 
paragraph (d)(1)(ii) of this section is reached, but that coordination 
agreement does not address protection from interference for the earth 
station, that earth station will be protected from interference to the 
same extent that an earth station that meets the requirements of Sec.  
25.209 of this title would be protected from interference.
    (4) Notwithstanding paragraph (d)(1)(ii) of this section, a party 
applying for an earth station license pursuant to this section will not 
be required to certify that its target satellite operator has reached a 
coordination agreement with another satellite operator whose satellite 
is within 6[deg] of orbital separation from its satellite in cases 
where the off-axis EIRP density level of the proposed earth station 
operations will be less than or equal to the levels specified by the 
applicable off-axis EIRP envelope set forth in Sec.  25.218 of this 
chapter in the direction of the part of the geostationary orbit arc 
within 1[deg] of the nominal orbit location of the adjacent satellite.
* * * * *
 [FR Doc. E8-27769 Filed 11-21-08; 8:45 am]
BILLING CODE 6712-01-P