[Federal Register Volume 74, Number 206 (Tuesday, October 27, 2009)]
[Notices]
[Pages 55224-55227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25814]


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FEDERAL COMMUNICATIONS COMMISSION.


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

10/21/2009.
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 27, 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 collections send an e-mail to [email protected] or contact Cathy 
Williams on (202) 418-2918.

SUPPLEMENTARY INFORMATION:
    OMB Control No.: 3060-1106.
    Title: Licensing and Service Rules for Vehicle Mounted Earth 
Stations (VMES).
    Form No.: Not Applicable.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 10 respondents; 10 responses.
    Estimated Time per Response: 0.25 hours - 24 hours.
    Frequency of Response: On occasion reporting requirement; 
Recordkeeping 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 1, 4(i), 4(j), 7(a), 301,

[[Page 55225]]

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), and 308.
    Total Annual Burden: 322 hours.
    Total Annual Cost: $104,300 annual costs.
    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 a Report and Order titled, ''In 
the Matter of 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,'' IB Docket No. 07-101, FCC 
09-64 (hereinafter referred to as ''VMES Report and Order'').
    The VMES Report and Order adopts part 2 allocation rules and part 
25 technical and licensing rules for a new domestic Ku-band VMES 
service. VMES service has the potential to deliver advanced mobile 
applications through satellite technology, including broadband, which 
will be beneficial for public safety and commercial purposes.
    The PRA information collection requirements contained in the VMES 
Report and Order are as follows:
    1. 47 CFR 25.226(b)(1)(i) OR 47 CFR 25.226(b)(1)(ii)
    (i) Any VMES applicant filing an application pursuant to paragraph 
(a)(1) of this section shall 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. Each table shall provide the EIRP level 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. (ii) A VMES applicant shall include 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)(i)(A) through 
(a)(1)(i)(C) of this section will be met under the assumption that the 
antenna is pointed at the target satellite.
    3. 47 CFR 25.226(b)(1)(iii)
    (iii) A VMES applicant proposing to implement a transmitter under 
paragraph (a)(1)(ii)(A) of this section shall 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 VMES 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 VMES antenna exceeds 0.5[deg].
    4. 47 CFR 25.226(b)(1)(iv)(A), (B)
    A VMES applicant proposing to implement a transmitter under 
paragraph (a)(1)(ii)(B) of this section shall:
    (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 VMES 
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 VMES 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 VMES antenna is 
less than or equal to the declared maximum antenna pointing error.
    5. 47 CFR 25.226(b)(2)(i), (ii), (iii), (iv)
    A VMES applicant proposing to implement a transmitter under 
paragraph (a)(2) of this section and using off-axis EIRP spectral-
densities in excess of the levels in paragraph (a)(1)(i) of this 
section 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 VMES 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 VMES 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 VMES applicant in 
all future coordination agreements.
    (iv) A demonstration from the VMES operator that the VMES 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.
    6. 47 CFR 25.226(b)(3)
    A VMES applicant proposing to implement a VMES system under 
paragraph (a)(3) of this section and using variable power-density 
control of individual simultaneously transmitting co-frequency VMES 
earth stations in the same satellite receiving beam shall provide the 
following certifications and demonstration as exhibits to its earth 
station application:
    (i) The applicant shall make a detailed showing of the measures it 
intends to employ to maintain the effective aggregate EIRP-density from 
all simultaneously transmitting co-frequency terminals operating with 
the same satellite transponder at least 1 dB below the EIRP-density 
limits defined in paragraphs (a)(1)(i)(A)-(C) of this section. In this 
context the term ''effective'' means that the resultant co-polarized 
and cross-polarized EIRP-density experienced by any GSO or non-GSO 
satellite shall not exceed that produced by a single VMES transmitter 
operating at 1 dB below the limits defined in paragraphs (a)(1)(i)(A)-
(C) of this section. The International Bureau will place this showing 
on Public Notice along with the application.
    (ii) An applicant proposing to implement a VMES under (a)(3)(ii) of 
this section that uses off-axis EIRP spectral-densities in excess of 
the levels in paragraph (a)(3)(i) of this section shall provide the 
following certifications, demonstration and list of satellites as 
exhibits to its earth station application:
    (A) A detailed showing of the measures the applicant intends to 
employ to maintain the effective aggregate EIRP-density from all 
simultaneously transmitting co-frequency terminals operating with the 
same satellite transponder at the EIRP-density limits supplied to the 
target satellite operator. The International Bureau will place this 
showing on Public Notice along with the application.
    (B) A statement from the target satellite operator certifying that 
the

[[Page 55226]]

proposed operation of the VMES has the potential to create harmful 
interference to satellite networks adjacent to the target satellite(s) 
that may be unacceptable.
    (C) A statement from the target satellite operator certifying that 
the aggregate power density levels that the VMES 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).
    (D) A statement from the target satellite operator certifying that 
it will include the aggregate power-density levels of the VMES 
applicant in all future coordination agreements.
    (E) A demonstration from the VMES operator that the VMES system is 
capable of detecting and automatically ceasing emissions within 100 
milliseconds when an individual transmitter exceeds the off-axis EIRP 
spectral-densities supplied to the target satellite operator and that 
the overall system is capable of shutting off an individual transmitter 
or the entire system if the aggregate off-axis EIRP spectral-densities 
exceed those supplied to the target satellite operator.
    (F) An identification of the specific satellite or satellites with 
which the VMES system will operate.
    (iii) The applicant shall acknowledge that it will maintain 
sufficient statistical and technical information on the individual 
terminals and overall system operation to file a detailed report, one 
year after license issuance, describing the effective aggregate EIRP-
density levels resulting from the operation of the VMES system.
    7. 47 CFR 25.226(b)(4)
    Application shall include an exhibit describing the geographic 
area(s) in which the VMESs will operate.
    8. 47 CFR 25.226(b)(5)
    VMES applicant filing for a VMES terminal or system and planning to 
use a contention protocol shall include in its application a 
certification that will comply with the requirements of paragraph 
(a)(4) of this section.
    9. 47 CFR 25.226(b)(6)
    Application shall include the point of contact with authority and 
ability to cease all emissions from VMES terminals, as required in 
paragraph (a)(5) of this section.
    10. 47 CFR 25.226(a)(6)
    VMES licensee shall maintain and provide data (record of vehicle 
location, transmit frequency, channel bandwidth and satellite used for 
each relevant VMES transmitter) to Commission, NTIA, FSS operator, FS 
operator, or frequency coordinator within 24 hours upon request.
    11. 47 CFR 25.226(b)(7)
    Application shall include certification complying with requirements 
of paragraph (a)(6) of this section.
    12. 47 CFR 25.226(b)(8)
    Applicant must submit a radio frequency hazard analysis to 
determine whether VMES terminals will produce power densities that will 
exceed the Commission's radio frequency exposure criteria; applicant 
with terminals that exceed the guidelines in section 1.1310 for radio 
frequency radiation exposure shall provide a plan for mitigation.
    13. 47 CFR 25.226(c)(1)
    Licensee shall notify the Commission after completing coordination 
with NASA and NTIA on current TDRSS sites.
    14. 47 CFR 25.226(c)(2)
    Licensee shall notify the Commission after completing coordination 
with NASA and NTIA on future TDRSS site.
    15. 47 CFR 25.226(d)(1)
    Operations of VMES licensees in the 14.47-14.5 frequency band are 
subject to coordination with the National Science Foundation (NSF) and 
licensee shall notify the Commission's International Bureau and shall 
submit the coordination agreement once it has completed coordination 
with NSF for RAS sites listed in paragraph (d)(2) of this section.
    16. 47 CFR 25.226(d)(3)
    Licensee shall notify the International Bureau once it has 
completed coordination for any future RAS site and shall submit the 
coordination agreement once it has completed coordination with NSF.
    17. 47 CFR 25.132(b)(3)
    VMES applicant seeking to use antenna that does not meet standards 
of section 25.209(a) and (b), pursuant to procedures set out in section 
25.226, shall submit manufacturer's range test plots of antenna gain 
patterns.
    The information collection requirements accounted for in this 
collection are necessary to prevent regulatory uncertainty with respect 
to VMES and other satellite services that operate in the Ku-band within 
the United States. Prior to this rulemaking, the lack of rules for VMES 
posed an administrative burden on those entities attempting to provide 
VMES-type services and on Commission staff because such services could 
be granted only through the use of waivers and Special Temporary 
Authority (STA) authorizations for a six-month period of time. The 
approval of fifteen-year licenses for VMES operators significantly 
reduces the burden imposed upon both licensees and Commission staff who 
review and approve the waivers and STAs. Furthermore, without such 
information the Commission would not be able to take the necessary 
measures to prevent harmful interference to satellite services from 
VMES. Finally, the Commission would not be able to advance its goals of 
managing spectrum efficiently and promoting broadband technologies to 
benefit American consumers throughout the United States.
    OMB Control Number: 3060-0349.
    Title: Equal Employment Opportunity (''EEO'') Policy, 47 CFR 
Sections 73.2080, 76.73, 76.75, 76.79 and 76.1702.
    Form Number: Not Applicable.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents and Responses: 14,178 respondents; 14,178 
responses.
    Estimated Time per Response: 42 hours.
    Frequency of Response: Recordkeeping requirement; Annual and five-
year reporting requirements.
    Obligation To Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection is contained in 
Sections 154(i) and 303 of the Communications Act of 1934, as amended.
    Total Annual Burden: 595,476 hours
    Total Annual Costs: None.
    Privacy Impact Assessment(s): No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality and respondents are not being asked to submit 
confidential information to the Commission.
    Needs and Uses: Section 73.2080 provides that equal opportunity in 
employment shall be afforded by all broadcast stations to all qualified 
persons and no person shall be discriminated against in employment by 
such stations because of race, color, religion, national origin or sex. 
Therefore, Section 73.2080 requires that each broadcast station 
employment unit with 5 or more full-time employees shall establish, 
maintain and carry out a program to assure equal opportunity in every 
aspect of a broadcast station's policy and practice.
    Section 76.73 provides that equal opportunity in employment shall 
be afforded by all multichannel video program distributors (''MVPD'') 
to all qualified persons and no person shall be discriminated against 
in employment by such entities because of race, color, religion, 
national origin, age or sex.

[[Page 55227]]

    Section 76.75 requires that each MVPD employment unit shall 
establish, maintain and carry out a program to assure equal opportunity 
in every aspect of a cable entity's policy and practice.
    Section 76.79 requires that every MVPD employment unit maintain, 
for public inspection, a file containing copies of all annual 
employment reports and related documents.
    Section 76.1702 requires that every MVPD place certain information 
concerning its EEO program in the public inspection file.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9-25814 Filed 10-26-09; 8:45 am]
BILLING CODE: 6712-01-S