[Federal Register Volume 74, Number 204 (Friday, October 23, 2009)]
[Notices]
[Pages 54818-54820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25526]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection Being Submitted to the 
Office of Management and Budget for Review and Approval, Comments 
Requested

10/20/2009.
SUMMARY: The Federal Communications Commission, as part of its 
continuing effort to reduce paperwork burden invites the general public 
and other Federal agencies to take this opportunity to comment on the 
following information collection(s), as required by the Paperwork 
Reduction Act of 1995, 44 U.S.C. 3501-3520. An agency may not conduct 
or sponsor a collection of information unless it displays a currently 
valid control number. No person shall be subject to any penalty for 
failing to comply with a collection of information subject to the 
Paperwork Reduction Act (PRA) that does not display a valid control 
number. Comments are requested concerning (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 estimate; (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.

DATES: Persons wishing to comment on this information collection should 
submit comments on November 23, 2009. If you anticipate that you will 
be submitting comments, but find it difficult to do so within the 
period of time allowed by this notice, you should advise the contact 
listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of 
Management and Budget (OMB), via fax at (202) 395-5167, or via the 
Internet at [email protected] and to Cathy Williams, 
Federal Communications Commission (FCC), 445 12th Street, SW, Room 1-
C823, Washington, DC 20554. To submit your comments by e-mail send then 
to: [email protected] and to [email protected]. To view a copy of this 
information collection request (ICR) submitted to OMB: (1) Go to web 
page: http://www.reginfo.gov/public/do/PRAMain, (2) look for the 
section of the web page called ``Currently Under Review'', (3) click on 
the downward-pointing arrow in the ``Select Agency'' box below the 
``Currently Under Review'' heading, (4) select ``Federal Communications 
Commission'' from the list of agencies presented in the ``Select 
Agency'' box, (5) click the ``Submit'' button to the right of the 
``Select Agency'' box, and (6) when the FCC list appears, look for the 
title of this ICR (or its OMB Control Number, if there is one) and then 
click on the ICR.

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection send an e-mail to [email protected] or contact Cathy 
Williams (202) 418-2918.

SUPPLEMENTARY INFORMATION:
    OMB Control No.: 3060-1061.
    Title: Earth Stations on Board Vessels (ESV).
    Form No.: Not applicable.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 15 respondents; 15 responses.
    Estimated Time per Response: Estimated time is different for each 
response - the response with the shortest duration takes an estimated 
0.25 hours to complete and the response with the longest duration takes 
an estimated 24 hours to complete.
    Frequency of Response: Recordkeeping requirement; On occasion 
reporting requirement; Third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
Commission has statutory approval for the information collection 
requirements under 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) and 303(r).
    Total Annual Burden: 264 hours.
    Total Annual Cost: $149,925.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality pertaining to the information collection requirements 
in this collection.
    Needs and Uses: On July 31, 2009, the Federal Communications 
Commission (``Commission'') released an Order on Reconsideration 
titled, ``In the Matter of the Procedures to Govern the Use of 
Satellite Earth Stations on Board Vessels in the 5925-6425 MHz/ 3700-
4200 MHz Bands and 14.0-14.5 GHz/11.7-12.2 GHz Bands'' (FCC 09-63, IB 
Docket No. 02-10 (``ESV Reconsideration Order''). In the ESV 
Reconsideration Order, the Commission resolved various concerns raised 
regarding the operational

[[Page 54819]]

restrictions placed on ESVs that are designed to protect the fixed-
satellite service (FSS), operating in the C-band and Ku-band, and the 
terrestrially-based fixed service (FS), operating in the C-band, from 
harmful interference. The Commission adopted rule changes that should 
provide ESV operators with greater operational flexibility while 
continuing to ensure that the other services in these bands are 
protected from harmful interference.
    The PRA information collection requirements contained in the ESV 
Reconsideration Order are as follows:
    1. Any ESV applicant that uses transmitters with off-axis EIRP 
densities lower than or equal to the off-axis EIRP limits must: (1) 
file three tables showing the off-axis EIRP level of the proposed earth 
station antenna in the direction of the plane of the GSO; the co-
polarized EIRP in the elevation plane, that is, the plane perpendicular 
to the plane of the GSO; and cross polarized EIRP. 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 or; (2) a certification, 
in Schedule B, that the ESV 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 will be met under the assumption that 
the antenna is pointed at the target satellite.
    2. An ESV applicant proposing to implement a transmitter that will 
maintain a pointing error of less than or equal to 0.2[deg] must 
provide a certification from the equipment manufacturer stating that 
the antenna tracking system will maintain a pointing error of less than 
or equal to 0.2[deg] between the orbital location of the target 
satellite and the axis of the main lobe of the ESV antenna and that the 
antenna tracking system is capable of ceasing emissions within 100 
milliseconds if the angle between the orbital location of the target 
satellite and the axis of the main lobe of the ESV antenna exceeds 
0.5[deg].
    3. An ESV applicant proposing to implement a transmitter with an 
antenna pointing error of greater than 0.2 degrees must: (A) declare, 
in its application, a maximum antenna pointing error and demonstrate 
that the maximum antenna pointing error can be achieved without 
exceeding the off-axis EIRP spectral-density limits in paragraph 
(a)(1)(i) of this section; and (B) demonstrate that the ESV transmitter 
can detect if the transmitter exceeds the declared maximum antenna 
pointing error and can cease transmission within 100 milliseconds if 
the angle between the orbital location of the target satellite and the 
axis of the main lobe of the ESV antenna exceeds the declared maximum 
antenna pointing error, and will not resume transmissions until the 
angle between the orbital location of the target satellite and the axis 
of the main lobe of the ESV antenna is less than or equal to the 
declared maximum antenna pointing error.
    4. An ESV applicant proposing to implement a transmitter that 
exceeds the off-axis EIRP spectral-density limits shall provide the 
following certifications and demonstration as exhibits to its earth 
station application: (i) a statement from the target satellite operator 
certifying that the proposed operation of the ESV has the potential to 
create harmful interference to satellite networks adjacent to the 
target satellite(s) that may be unacceptable; (ii) a statement from the 
target satellite operator certifying that the power-density levels that 
the ESV applicant provided to the target satellite operator are 
consistent with the existing coordination agreements between its 
satellite(s) and the adjacent satellite systems within 6[deg] of 
orbital separation from its satellite(s); (iii) a statement from the 
target satellite operator certifying that it will include the power-
density levels of the ESV applicant in all future coordination 
agreements; (iv) A demonstration from the ESV operator that the ESV 
system is capable of detecting and automatically ceasing emissions 
within 100 milliseconds when the transmitter exceeds the off-axis EIRP 
spectral-densities supplied to the target satellite operator; and (v) a 
certification from the ESV operator that the ESV system complies with 
the power limits in Section 25.204(h).
    5. The point of contact information referred to in paragraph (a)(3) 
and, if applicable, paragraph (a)(6), of Sections 25.221 and 25.222, 
must be included in the application.
    6. Section 25.132(b)(3) requires applicants seeking authority to 
use an antenna that does not meet the standards set forth in Sec. Sec.  
25.209(a) and (b) of this part, pursuant to the procedure set forth in 
Sec.  25.220, Sec.  25.221, Sec.  25.222, or Sec.  25.223(c) of this 
part, 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. Section 25.221(a)(4) requires that for each ESV transmitter, a 
record of the ship 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 1 year. Records will be 
recorded at time intervals no greater than every 20 minutes while the 
ESV is transmitting. The ESV operator will make this data available 
upon request to a coordinator, fixed system operator, fixed-satellite 
system operator, or the Commission within 24 hours of the request.
    8. Section 25.221(a)(5) requires that ESV operators communicating 
with vessels of foreign registry must maintain detailed information on 
each vessel's country of registry and a point of contact for the 
relevant administration responsible for licensing ESVs.
    9. Section 25.221(a)(11) requires ESVs operating within 200 km from 
the baseline of the United States, or within 200 km from a U.S.-
licensed fixed service offshore installation, shall complete 
coordination with potentially affected U.S.-licensed fixed service 
operators prior to operation. The coordination method and the 
interference criteria objective shall be determined by the frequency 
coordinator. The details of the coordination shall be maintained and 
available at the frequency coordinator, and shall be filed with the 
Commission to be placed on Public Notice. Operation of each individual 
ESV may commence immediately after the Public Notice is released that 
identifies the notification sent to the Commission. Continuance of 
operation of that ESV for the duration of the coordination term shall 
be dependent upon successful completion of the normal public notice 
process. If, prior to the end of the 30-day comment period of the 
Public Notice, any objections are received from U.S.-licensed fixed 
service operators that have been excluded from coordination, the ESV 
licensee shall immediately cease operation of that particular station 
on frequencies used by the affected U.S.-licensed fixed service station 
until the coordination dispute is resolved and the ESV licensee informs 
the Commission of the resolution.
    10. Section 25.221(b)(3) states that there shall be an exhibit 
included with the application describing the geographic area(s) in 
which the ESVs will operate.
    11. Section 25.221(b)(5) requires ESVs that exceed the radiation 
guidelines of Section 1.1310 Radiofrequency radiation exposure limits 
must provide, with their environmental assessment, a plan for 
mitigation of radiation exposure to the extent required to meet those 
guidelines.
    12. Section 25.222(a)(4) states that for each ESV transmitter, a 
record of the ship location (i.e., latitude/longitude),

[[Page 54820]]

transmit frequency, channel bandwidth and satellite used shall be time 
annotated and maintained for a period of not less than 1 year. Records 
will be recorded at time intervals no greater than every 20 minutes 
while the ESV is transmitting. The ESV operator will make this data 
available upon request to a coordinator, fixed system operator, fixed-
satellite system operator, NTIA, or the Commission within 24 hours of 
the request.
    13. Section 25.222(a)(5) requires ESV operators communicating with 
vessels of foreign registry must maintain detailed information on each 
vessel's country of registry and a point of contact for the relevant 
administration responsible for licensing ESVs.
    14. Section 25.222(b)(3) states there shall be an exhibit included 
with the application describing the geographic area(s) in which the 
ESVs will operate.
    15. Section 25.222(b)(5) requires that ESVs that exceed the 
radiation guidelines of Section 1.1310 Radiofrequency radiation 
exposure limits must provide, with their environmental assessment, a 
plan for mitigation of radiation exposure to the extent required to 
meet those guidelines.
    The information collection requirements accounted for in this 
collection are necessary to determine the technical and legal 
qualifications of applicants or licensees to operate a station, 
transfer or assign a license, and to determine whether the 
authorization is in the public interest, convenience and necessity. 
Without such information, the Commission could not determine whether to 
permit respondents to provide telecommunication services in the U.S. 
Therefore, the Commission would be unable to fulfill its statutory 
responsibilities in accordance with the Communications Act of 1934, as 
amended, and the obligations imposed on parties to the World Trade 
Organization (WTO) Basic Telecom Agreement.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9-25526 Filed 10-22-09; 8:45 am]
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