[Federal Register Volume 74, Number 212 (Wednesday, November 4, 2009)]
[Rules and Regulations]
[Pages 57092-57103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26215]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 25

[IB Docket No. 07-101; FCC 09-64]


Amendment 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

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Federal Communications Commission amends its rules to 
allocate spectrum and adopt service rules and procedures to govern the 
use of Vehicle-Mounted Earth Stations (VMES) in the Ku-band. These 
allocation, technical and licensing rules permit the domestic, U.S. 
licensing of VMES as a primary application of the Fixed-Satellite 
Service (FSS) in the relevant conventional and extended Ku-band 
frequencies.

DATES: Effective December 4, 2009, except for 47 CFR 25.132(b)(3), 
25.226(a)(6), (b), (c), (d)(1), and (d)(3), which contain information 
collection requirements that have not been approved by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act. The 
Federal Communications Commission will publish a document in the 
Federal Register announcing the effective date of these rules after it 
receives OMB approval for the information collection requirements.

FOR FURTHER INFORMATION CONTACT: Kathleen Collins or Howard Griboff, 
Policy Division, International Bureau, FCC, (202) 418-1460 or via the 
Internet at: [email protected] and [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order in IB Docket No. 07-101, FCC 09-64, adopted July 30, 2009, 
and released July 31, 2009. The full text of the Report and Order is 
available for inspection and copying during normal business hours in 
the FCC Reference Center, 445 12th Street, SW., Washington, DC 20554. 
The document also is available for download over the Internet at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-64A1.pdf. The 
complete text also may be purchased from the Commission's copy 
contractor, Best Copy and Printing, Inc. (BCPI), located in Room CY-
B402, 445 12th Street, SW., Washington, DC 20554. Customers may contact 
BCPI at its Web site: http://www.bcpiweb.com or call 1-800-378-3160.

Paperwork Reduction Act of 1995 Analysis

    The Report and Order contains rules with new information 
collections subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13 (44 U.S.C. 3501-3520). Implementation of these rules 
will be subject to approval by OMB as prescribed by the PRA. The 
Commission has published a separate notice in the Federal Register 
inviting OMB, the general public, and other Federal agencies to comment 
on the information collection requirements contained in this document. 
See 74 FR 41902, August 19, 2009. In addition, the Commission notes 
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 
107-298, see 44 U.S.C. 3506(c)(4), that the Commission previously 
sought specific comment on how the Commission may ``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), the Notice of Proposed Rulemaking (NPRM) in this proceeding, 
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, adopted on May 9, 
2007 and released on May 15, 2007, 72 FR 39357, July 18, 2007, 
incorporated an Initial Regulatory Flexibility Analysis (IRFA). The 
Commission sought written public comment on the proposals in the NPRM, 
including comment on the IRFA. This Final Regulatory Flexibility 
Analysis (FRFA) conforms to the RFA.

A. Need for, and Objectives of, the Report and Order

    The NPRM sought to promote innovative and flexible use of satellite 
technology to provide advanced communications capabilities from VMES 
that would operate as a licensed application of the FSS in certain Ku-
band frequencies within the United States. It sought comment and 
developed a record on the capability of VMES to meet the interference 
avoidance requirements of the Ku-band FSS.
    The objective of the Report and Order is to adopt domestic U.S. 
allocation, service and licensing rules to permit the licensing of VMES 
in the conventional and extended Ku-band frequencies where such systems 
will meet the Commission's two-degree satellite spacing interference 
avoidance

[[Page 57093]]

requirements of the Ku-band FSS. In this regard, the ``conventional'' 
Ku-band refers to frequencies in the 11.7-12.2 GHz (downlink) and 14.0-
14.5 GHz (uplink) bands and the covered ``extended Ku-band'' includes 
the 10.95-11.2 GHz and 11.45-11.7 GHz (downlink) bands. The rules will 
permit VMES to operate as a primary application of the FSS in the 
conventional bands. In the extended band frequencies, VMES may be 
authorized to communicate with geostationary satellite orbit (GSO) FSS 
space stations but must accept interference from stations of the Fixed 
Service (FS) operating in accordance with the Commission's rules. The 
rules promote spectrum sharing with certain secondary operations in the 
uplink bands, including government space research service and radio 
astronomy service stations.

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

    No parties filed comments that separately or specifically addressed 
the IRFA.

C. Description and Estimate of the Number of Small Entities to Which 
Rules Will Apply

    The RFA, at 5 U.S.C. 604(a)(3), 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. The RFA, at 
5 U.S.C. 601(6), generally defines the term ``small entity'' as having 
the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small governmental jurisdiction.'' In addition, 
the term ``small business'' has the same meaning as the term ``small 
business concern'' under the Small Business Act. A small business 
concern is one that: (1) Is independently owned and operated; (2) is 
not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the Small Business Administration 
(SBA). See Small Business Act, 15 U.S.C. 632 (1996). Below, we further 
describe and estimate the number of small entity licensees that may be 
affected by the adopted rules.
    Satellite Telecommunications and All Other Telecommunications. 
These two economic census categories address the satellite industry. 
The first category has a small business size standard of $15 million or 
less in average annual receipts, under SBA rules (13 CFR 121.201, NAICS 
code 517410). The second has a size standard of $25 million or less in 
annual receipts (13 CFR 121.201, NAICS code 517919). The most current 
Census Bureau data in this context, however, are from the (last) 
economic census of 2002, and we will use those figures to gauge the 
prevalence of small businesses in these categories (13 CFR 121.201, 
NAICS codes 517410 and 517910 (2002)).
    The category of Satellite Telecommunications ``comprises 
establishments primarily engaged in providing 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'' (U.S. Census Bureau, 2007 NAICS Definitions, 
``517410 Satellite Telecommunications''; http://www.census.gov/naics/2007/def/ND517410.HTM ). For this category, Census Bureau data for 2002 
show that there were a total of 371 firms that operated for the entire 
year (U.S. Census Bureau, 2002 Economic Census, Subject Series: 
Information, ``Establishment and Firm Size (Including Legal Form of 
Organization),'' Table 4, NAICS code 517410 (issued Nov. 2005)). Of 
this total, 307 firms had annual receipts of under $10 million, 26 
firms had receipts of $10 million to $24,999,999, and an additional 38 
firms had annual receipts of $25 million or more. Consequently, we 
estimate that the majority of Satellite Telecommunications firms are 
small entities that might be affected by our action.
    The second category of All Other Telecommunications comprises, 
inter alia, ``establishments primarily engaged in providing specialized 
telecommunications services, such as satellite tracking, communications 
telemetry, and radar station operation. This industry also includes 
establishments primarily engaged in providing satellite terminal 
stations and associated facilities connected with one or more 
terrestrial systems and capable of transmitting telecommunications to, 
and receiving telecommunications from, satellite systems'' (U.S. Census 
Bureau, 2007 NAICS Definitions, ``517919 All Other 
Telecommunications''; http://www.census.gov/naics/2007/def/ND517919.HTM#N517919). For this category, Census Bureau data for 2002 
show that there were a total of 332 firms that operated for the entire 
year (U.S. Census Bureau, 2002 Economic Census, Subject Series: 
Information, ``Establishment and Firm Size (Including Legal Form of 
Organization),'' Table 4, NAICS code 517910 (issued Nov. 2005)). Of 
this total, 303 firms had annual receipts of under $10 million, 15 
firms had annual receipts of $10 million to $24,999,999, and an 
additional 14 firms had annual receipts of $25 million or more. 
Consequently, we estimate that the majority of All Other 
Telecommunications firms are small entities that might be affected by 
our action.
    Space Station Licensees (Geostationary). Commission records reveal 
that there are 20 space station licensees and operators in the Ku-band. 
We do not request or collect annual revenue information concerning such 
licensees and operators, and thus are unable to estimate the number of 
geostationary space station licensees and operators that would 
constitute a small business under the SBA definition cited above, or 
apply any rules providing special consideration for geostationary space 
station licensees and operators that are small businesses.
    Fixed-Satellite Service Transmit/Receive Earth Stations. Currently 
there are approximately 2,879 operational fixed-satellite service 
transmit/receive earth stations authorized for use in the Ku-band. The 
Commission does not request or collect annual revenue information, and 
thus is unable to estimate the number of earth stations that would 
constitute a small business under the SBA definition.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    The NPRM sought comment on whether to extend the current rules for 
Earth Stations on Vessels (ESVs)--an existing mobile application of the 
FSS--to VMES, a new mobile application of the FSS. The ESV rules, and 
the VMES rules adopted in the Report and Order, require satellite 
telecommunications operators to establish a database for tracking the 
location of VMES remote earth stations. This database will assist 
investigations of radio frequency interference claims. Application of 
the ESV rules to VMES requires VMES operators to name a point of 
contact to maintain information about location and frequencies used by 
VMES terminals. Such information will assist in investigating radio 
frequency interference claims. The Commission does not expect 
significant costs associated with these proposals. Therefore, we do not 
anticipate that the burden of compliance will be greater for smaller 
entities.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    The RFA requires that, to the extent consistent with the objectives 
of

[[Page 57094]]

applicable statutes, the analysis shall discuss significant 
alternatives such as: (1) The establishment of differing compliance or 
reporting requirements or timetables that take into account the 
resources available to small entities; (2) the clarification, 
consolidation, or simplification of compliance and reporting 
requirements under the rule for small entities; (3) the use of 
performance, rather than design, standards; and (4) an exemption from 
coverage of the rule, or any part thereof, for small entities (5 U.S.C. 
603(c)(1), (c)(4)).
    The NPRM solicited comment on alternatives for more efficient 
processing of VMES applications and simplification of VMES procedures, 
for example, by migrating from non-conforming use licensing to a 
licensing method that would provide for licenses with terms of fifteen 
years. The NPRM also sought comment on streamlining the application 
process for VMES operations by permitting blanket licensing of multiple 
VMES terminals in a single application, as an alternative to requiring 
all VMES terminals to be licensed individually. In adopting blanket 
licensing with fifteen-year terms for conforming VMES terminals, the 
Report and Order simplifies the application process for VMES and 
establishes licensing terms consistent with other satellite-based 
services, such as ESV. Thus, adoption of the rules should reduce the 
costs associated with obtaining and maintaining authority to operate a 
VMES network.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    None.

G. Report to Congress

    The Commission will send a copy of the Report and Order, including 
this FRFA, in a report to be sent to Congress pursuant to the 
Congressional Review Act. In addition, the Commission will send a copy 
of the Report and Order, including this FRFA, to the Chief Counsel for 
Advocacy of the SBA. A copy of the Report and Order and FRFA (or 
summaries thereof) also will be published in the Federal Register (See 
5 U.S.C. 604(b)).

Summary of Report and Order

    The Commission, in the Report and Order, adopts new VMES rules and 
concludes that the rules will promote innovative and flexible use of 
satellite technology while ensuring that VMES operations will avoid 
interfering with existing and future FSS operators and their customers. 
The part 25 rules define VMES as an earth station operating from a 
motorized vehicle that travels primarily on land, receives from and 
transmits to GSO FSS space stations, and operates within the United 
States pursuant to the requirements set out in part 25 of the rules. 
The part 25 rules require VMES licensees to coordinate their proposed 
operations with Federal Space Research Service and Radio Astronomy 
Service stations in, respectively, the 14.0-14.2 GHz and 14.47-14.5 GHz 
bands, and they adopt VMES off-axis density mask, antenna pointing, and 
other technical and licensing rules. The part 2 rules adopt two new 
non-Federal footnotes to the U.S. Table of Frequency Allocations: (1) 
In the conventional Ku-bands (14.0-14.5 GHz and 11.7-12.2 GHz), VMES as 
regulated under a revised part 25 of Commission's rules is an 
application of the FSS and licensees may be authorized to communicate 
with space stations of the FSS on a primary basis; and (2) in the 
relevant extended Ku-bands (10.95-11.2 GHz and 11.45-11.7 GHz), VMES 
licensees must accept interference from stations in the FS operating in 
accordance with Commission rules.

Ordering Clauses

    Accordingly, it is ordered that, pursuant to the authority 
contained in sections 4(i), 4(j), 7(a), 302(a), 303(c), 303(e), 303(f), 
303(g), 303(j), 303(r), and 303(y) of the Communications Act of 1934, 
as amended, 47 U.S.C. 154(i), 154(j), 157(a), 302(a), 303(c), 303(e), 
303(f), 303(g), 303(j), 303(r), 303(y), this Report and Order in IB 
Docket No. 07-101 is adopted, effective December 4, 2009.
    It is further ordered that parts 2 and 25 of the Commission's rules 
are amended as set forth in Appendix B. An announcement of the 
effective date of these rule revisions will be published in the Federal 
Register.
    It is further ordered that the final regulatory flexibility 
analysis, as required by section 604 of the Regulatory Flexibility Act, 
is adopted.
    It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center shall send a 
copy of this Report and Order, including the final regulatory 
flexibility analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration, in accordance with section 603(a) of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
    It is further ordered that the Commission shall send a copy of this 
Report and Order in a report to be sent to Congress and the General 
Accountability Office pursuant to the Congressional Review Act, 5 
U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Parts 2 and 25

    Radio, Satellites, Telecommunications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR parts 2 and 25 as follows:

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
1. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.


0
2. Section 2.106 is amended as follows:
0
a. Revise pages 45, 46, and 47.
0
b. Add footnotes NG186 and NG187 to the list of Non-Federal Government 
(NG) Footnotes.


Sec.  2.106  Table of Frequency Allocations.

* * * * *
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* * * * *

Non-Federal Government (NG) Footnotes

* * * * *
    NG186 In the bands 10.95-11.2 GHz and 11.45-11.7 GHz (space-to-
Earth), Vehicle-Mounted Earth Stations (VMES) as regulated under 47 CFR 
part 25 may be authorized to communicate with geostationary satellite 
orbit space stations of the fixed-satellite service but must accept 
interference from stations of the fixed service operating in accordance 
with the Commission's rules.
    NG187 In the bands 11.7-12.2 GHz (space-to-Earth) and 14.0-14.5 GHz 
(Earth-to-space), Vehicle-Mounted Earth Stations (VMES) as regulated 
under 47 CFR part 25 are an application of the fixed-satellite service 
and may be authorized to communicate with geostationary satellite orbit 
space stations of the fixed-satellite service on a primary basis.
* * * * *

PART 25--SATELLITE COMMUNICATIONS

0
3. The authority citation for part 25 continues to read as follows:

    Authority: 47 U.S.C. 701-744. Interprets or applies Sections 4, 
301, 302, 303, 307, 309 and 332 of the Communications Act, as 
amended, 47 U.S.C. Sections 154, 301, 302, 303, 307, 309 and 332, 
unless otherwise noted.


0
4. Section 25.115 is amended by revising paragraph (a)(2)(iii) to read 
as follows:


Sec.  25.115  Application for earth station authorizations.

    (a) * * *
    (2) * * *
    (iii) The earth station is not an ESV or a VMES.
* * * * *


0
5. Section 25.130 is amended by revising paragraph (a) to read as 
follows:


Sec.  25.130  Filing requirements for transmitting earth stations.

    (a) Applications for a new or modified transmitting earth station 
facility shall be submitted on FCC Form 312, and associated Schedule B, 
accompanied by any required exhibits, except for those earth station 
applications filed on FCC Form 312EZ pursuant to Sec.  25.115(a). All 
such earth station license applications must be filed electronically 
through the International Bureau Filing System (IBFS) in accordance 
with the applicable provisions of part 1, subpart Y of this chapter. 
Additional filing requirements for Earth Stations on Vessels are 
described in Sec. Sec.  25.221 and 25.222. Additional filing 
requirements for Vehicle-Mounted Earth Stations are described in Sec.  
25.226. In addition, applicants not required to submit applications on 
Form 312EZ, other than ESV or VMES applicants, must submit the 
following information to be used as an ``informative'' in the public 
notice issued under Sec.  25.151 as an attachment to their application:
* * * * *


0
6. Section 25.132 is amended by revising paragraph (b)(3) to read as 
follows:


Sec.  25.132  Verification of earth station antenna performance 
standards.

* * * * *
    (b) * * *
    (3) Applicants seeking authority to use an antenna that does not 
meet the standards set forth in Sec. Sec.  25.209(a) and (b), pursuant 
to the procedure set forth in Sec.  25.220, Sec.  25.221, Sec.  25.222, 
Sec.  25.223 or Sec.  25.226, 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.
* * * * *


0
7. Section 25.201 is amended by adding the following definition in 
alphabetical order to read as follows:


Sec.  25.201  Definitions.

* * * * *
    Vehicle-mounted earth station (VMES). A VMES is an earth station, 
operating from a motorized vehicle that travels primarily on land, that 
receives from and transmits to geostationary satellite orbit fixed-
satellite service space stations and operates within the United States 
pursuant to the requirements set out Sec.  25.226.


0
8. Section 25.202 is amended by adding paragraph (a)(10) to read as 
follows:


Sec.  25.202  Frequencies, frequency tolerance and emission 
limitations.

* * * * *
    (a) * * *
    (10)(i) The following frequencies are available for use by Vehicle-
Mounted Earth Stations (VMESs):
    10.95-11.2GHz (space-to-Earth)
    11.45-11.7GHz (space-to-Earth)
    11.7-12.2GHz (space-to-Earth)
    14.0-14.5GHz (Earth-to-space)
    (ii) VMESs shall be authorized as set forth in Sec.  25.226.
* * * * *


0
9. Section 25.203 is amended by revising the introductory text in 
paragraph (c) and by revising paragraphs (d) and (k) to read as 
follows:


Sec.  25.203  Choice of sites and frequencies.

* * * * *
    (c) Prior to the filing of its application, an applicant for 
operation of an earth station, other than an ESV or a VMES, shall 
coordinate the proposed frequency usage with existing terrestrial users 
and with applicants for terrestrial station authorizations with 
previously filed applications in accordance with the following 
procedure:
* * * * *
    (d) An applicant for operation of an earth station, other than an 
ESV or a VMES, shall also ascertain whether the great circle 
coordination distance contours and rain scatter coordination distance 
contours, computed for those values of parameters indicated in Sec.  
25.251 (Appendix 7 of the ITU RR) for international coordination, cross 
the boundaries of another Administration. In this case, the applicant 
shall furnish the Commission copies of these contours on maps drawn to 
appropriate scale for use by the Commission in effecting coordination 
of the proposed earth station with the Administration(s) affected.
* * * * *
    (k) An applicant for operation of an earth station, other than an 
ESV or a VMES, that will operate with a geostationary satellite or non-
geostationary satellite in a shared frequency band in which the non-
geostationary system is (or is proposed to be) licensed for feeder 
links, shall demonstrate in its applications that its proposed earth 
station will not cause unacceptable interference to any other satellite 
network that is authorized to operate in the same frequency band, or 
certify that the operations of its earth station shall conform to 
established coordination agreements between the operator(s) of the 
space station(s) with which the earth station is to communicate and the 
operator(s) of any other space station licensed to use the band.
* * * * *


0
10. Section 25.204 is amended by adding paragraph (j) to read as 
follows:


Sec.  25.204  Power limits.

* * * * *
    (j) Within 125 km of the Tracking and Data Relay System Satellite 
(TDRSS) sites identified in Sec.  25.226(c), VMES transmissions in the 
14.0-14.2 GHz (Earth-to-space) band shall not exceed an EIRP spectral 
density towards the horizon of 12.5 dBW/MHz, and shall not

[[Page 57099]]

exceed an EIRP towards the horizon of 16.3 dBW.


0
11. Section 25.205 is amended by adding paragraph (c) to read as 
follows:


Sec.  25.205  Minimum angle of antenna elevation.

* * * * *
    (c) VMESs making a special showing requesting angles of elevation 
less than 5[deg] measured from the horizontal plane to the direction of 
maximum radiation pursuant to (a) of this section must still meet the 
EIRP and EIRP density towards the horizon limits contained in Sec.  
25.204(j).


0
12. Section 25.209 is amended by revising paragraph (f) to read as 
follows:


Sec.  25.209  Antenna performance standards.

* * * * *
    (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 VMES, this 
demonstration shall comply with the procedures set forth in Sec.  
25.226. 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
13. Section 25.218 is amended by revising paragraph (a)(1) to read as 
follows:


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

    (a)* * *
    (1) ESV and VMES applications,
* * * * *


0
14. Section 25.220 is amended by revising paragraph (a)(1) 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, VMES 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 Sec.  25.218.
* * * * *


0
15. Add Sec.  25.226 to read as follows:


Sec.  25.226  Blanket licensing provisions for domestic, U.S. Vehicle-
Mounted Earth Stations (VMESs) receiving in the 10.95-11.2 GHz (space-
to-Earth), 11.45-11.7 GHz (space-to-Earth), and 11.7-12.2 GHz (space-
to-Earth) frequency bands and transmitting in the 14.0-14.5 GHz (Earth-
to-space) frequency band, operating with Geostationary Satellites in 
the Fixed-Satellite Service.

    (a) The following ongoing requirements govern all VMES licensees 
and operations in the 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 GHz 
(space-to-Earth), 11.7-12.2 GHz (space-to-Earth) and 14.0-14.5 GHz 
(Earth-to-space) frequency bands receiving from and transmitting to 
geostationary orbit satellites in the fixed-satellite service. VMES 
licensees shall comply with the requirements in either paragraph 
(a)(1), (a)(2) or (a)(3) of this section and all of the requirements 
set forth in paragraphs (a)(4) through (a)(9) and paragraphs (c), (d), 
and (e) of this section. Paragraph (b) of this section identifies items 
that shall be included in the application for VMES operations to 
demonstrate that these ongoing requirements will be met.
    (1) The following requirements shall apply to a VMES that uses 
transmitters with off-axis EIRP spectral-densities lower than or equal 
to the levels in paragraph (a)(1)(i) of this section. A VMES, or VMES 
system, operating under this section shall provide a detailed 
demonstration as described in paragraph (b)(1) of this section. The 
VMES transmitter also shall comply with the antenna pointing and 
cessation of emission requirements in paragraphs (a)(1)(ii) and 
(a)(1)(iii) of this section.
    (i) A VMES system shall not exceed the off-axis EIRP spectral-
density limits and conditions defined in paragraphs (a)(1)(i)(A) 
through (D) of this section.
    (A) The off-axis EIRP spectral-density emitted from the VMES, in 
the plane of the geostationary satellite orbit (GSO) as it appears at 
the particular earth station location, shall not exceed the following 
values:
15-10log(N)-25log[thetas] dBW/4kHz for 1.5[deg] <= [thetas] <= 7[deg]
-6 -10log(N) dBW/4kHz for 7[deg] < [thetas] <= 9.2[deg]
18 -10log(N)-25log[thetas] dBW/4kHz for 9.2[deg] < [thetas] <= 48[deg]
-24 -10log(N) dBW/4kHz for 48[deg] < [thetas] <= 85[deg]
-14 -10log(N) dBW/4kHz for 85[deg] < [thetas] <= 180[deg]
where theta ([thetas]) is the angle in degrees from the line 
connecting the focal point of the antenna to the orbital location of 
the target satellite, the plane of the GSO is determined by the 
focal point of the antenna and the line tangent to the arc of the 
GSO at the orbital location of the target satellite. For VMES 
networks using frequency division multiple access (FDMA) or time 
division multiple access (TDMA) techniques, N is equal to one. For 
VMES networks using multiple co-frequency transmitters that have the 
same EIRP, N is the maximum expected number of co-frequency 
simultaneously transmitting VMES earth stations in the same 
satellite receiving beam. For the purpose of this section, the peak 
EIRP of an individual sidelobe shall 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 shall be exceeded by no more 
than 10% of the sidelobes, provided no individual sidelobe exceeds 
the envelope given above by more than 3 dB.

    (B) In all directions other than along the GSO, the off-axis EIRP 
spectral-density for co-polarized signals emitted from the VMES shall 
not exceed the following values:

18-10log(N)-25log[thetas] dBW/4kHz for 3.0[deg] <= [thetas] <= 48[deg]
-24-10log(N) dBW/4kHz for 48[deg] < [thetas] <= 85[deg]
-14-10log(N) dBW/4kHz for 85[deg] < [thetas] <= 180[deg]

where [thetas] and N are defined in paragraph (a)(1)(i)(A) of this 
section. This off-axis EIRP spectral-density applies in any plane 
that includes the line connecting the focal point of the antenna to 
the orbital location of the target satellite with the exception of 
the plane of the GSO as defined in paragraph (a)(1)(i)(A) of this 
section. For the purpose of this subsection, the envelope shall 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.

    (C) In all directions, the off-axis EIRP spectral-density for 
cross-polarized signals emitted from the VMES shall not exceed the 
following values:

5-10log(N)-25log[thetas] dBW/4kHz for 1.8[deg] <= [thetas] <= 7.0[deg]
-16-10log(N) dBW/4kHz for 7.0[deg] < [thetas] <= 9.2[deg]

where [thetas] and N are defined as set forth in paragraph 
(a)(1)(i)(A) of this section. This EIRP spectral-density applies in 
any plane that includes the line connecting the focal point of the 
antenna to the target satellite.

    (D) For non-circular VMES antennas, the major axis of the antenna 
shall be aligned with the tangent to the arc of the GSO at the orbital 
location of the target satellite, to the extent required to meet the 
specified off-axis EIRP spectral-density criteria.

[[Page 57100]]

    (ii) Each VMES transmitter shall meet one of the following antenna 
pointing requirements:
    (A) Each VMES transmitter shall 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, or
    (B) Each VMES transmitter shall declare a maximum antenna pointing 
error that may be greater than 0.2[deg] provided that the VMES does not 
exceed the off-axis EIRP spectral-density limits in paragraph (a)(1)(i) 
of this section, taking into account the antenna pointing error.
    (iii) Each VMES transmitter shall meet one of the following 
cessation of emission requirements:
    (A) For VMESs operating under paragraph (a)(1)(ii)(A) of this 
section, all emissions from the VMES shall automatically cease within 
100 milliseconds if the angle between the orbital location of the 
target satellite and the axis of the main lobe of the VMES antenna 
exceeds 0.5[deg], and transmission shall not resume until such angle is 
less than or equal to 0.2[deg], or
    (B) For VMES transmitters operating under paragraph (a)(1)(ii)(B) 
of this section, all emissions from the VMES shall automatically cease 
within 100 milliseconds if the angle between the orbital location of 
the target satellite and the axis of the main lobe of the VMES antenna 
exceeds the declared maximum antenna pointing error and shall not 
resume transmissions until such angle is less than or equal to the 
declared maximum antenna pointing error.
    (2) The following requirements shall apply to a VMES that uses off-
axis EIRP spectral-densities in excess of the levels in paragraph 
(a)(1)(i) of this section. A VMES, or VMES system, operating under this 
subsection shall file certifications and provide a detailed 
demonstration as described in paragraph (b)(2) of this section.
    (i) The VMES shall transmit only to the target satellite system(s) 
referred to in the certifications required by paragraph (b)(2) of this 
section.
    (ii) If a good faith agreement cannot be reached between the target 
satellite operator and the operator of a future satellite that is 
located within 6 degrees longitude of the target satellite, the VMES 
operator shall accept the power-density levels that would accommodate 
that adjacent satellite.
    (iii) The VMES shall operate in accordance with the off-axis EIRP 
spectral-densities that the VMES supplied to the target satellite 
operator in order to obtain the certifications listed in paragraph 
(b)(2) of this section. The VMES shall automatically cease emissions 
within 100 milliseconds if the VMES transmitter exceeds the off-axis 
EIRP spectral-densities supplied to the target satellite operator.
    (3) The following requirements shall apply to a VMES system that 
uses variable power-density control of individual simultaneously 
transmitting co-frequency VMES earth stations in the same satellite 
receiving beam. A VMES system operating under this subsection shall 
file certifications and provide a detailed demonstration as described 
in paragraph (b)(3) of this section.
    (i) Except as defined under paragraph (a)(3)(ii) of this section, 
the effective aggregate EIRP-density from all terminals shall be at 
least 1 dB below the off-axis EIRP-density limits defined in paragraphs 
(a)(1)(i)(A) through (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 1 dB below 
the limits defined in paragraphs (a)(1)(i)(A) through (C) of this 
section. A VMES system operating under this section shall file 
certifications and provide a detailed demonstration as described in 
paragraphs (b)(3)(i) and (b)(3)(iii) of this section.
    (ii) The following requirements shall apply to a VMES that uses 
off-axis EIRP spectral-densities in excess of the levels in paragraph 
(a)(3)(i) of this section. A VMES system operating under this section 
shall file certifications and provide a detailed demonstration as 
described in paragraphs (b)(3)(ii) and (b)(3)(iii) of this section.
    (A) If a good faith agreement cannot be reached between the target 
satellite operator and the operator of a future satellite that is 
located within 6 degrees longitude of the target satellite, the VMES 
shall operate at an EIRP-density defined in paragraph (a)(3)(i) of this 
section.
    (B) The VMES shall operate in accordance with the off-axis EIRP 
spectral-densities that the VMES supplied to the target satellite 
operator in order to obtain the certifications listed in paragraph 
(b)(3)(ii) of this section. The individual VMES terminals shall 
automatically cease emissions within 100 milliseconds if the VMES 
transmitter exceeds the off-axis EIRP spectral-densities supplied to 
the target satellite operator. The overall system shall be 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.
    (C) The VMES shall transmit only to the target satellite system(s) 
referred to in the certifications required by paragraph (b)(3) of this 
section.
    (iii) The VMES shall file a report one year following license 
issuance detailing the effective aggregate EIRP-density levels 
resulting from its operation, in compliance with paragraph (b)(3)(iii) 
of this section.
    (4) An applicant filing to operate a VMES terminal or system and 
planning to use a contention protocol shall certify that its contention 
protocol use will be reasonable.
    (5) There shall be a point of contact in the United States, with 
phone number and address, available 24 hours a day, seven days a week, 
with authority and ability to cease all emissions from the VMESs.
    (6) For each VMES transmitter, a record of the vehicle location 
(i.e., latitude/longitude), transmit frequency, channel bandwidth and 
satellite used shall be time annotated and maintained for a period of 
not less than one (1) year. Records shall be recorded at time intervals 
no greater than every five (5) minutes while the VMES is transmitting. 
The VMES operator shall 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.
    (7) In the 10.95-11.2 GHz (space-to-Earth) and 11.45-11.7 GHz 
(space-to-Earth) frequency bands VMESs shall not claim protection from 
interference from any authorized terrestrial stations to which 
frequencies are either already assigned, or may be assigned in the 
future.
    (8) A VMES terminal receiving in the 10.95-11.2 GHz (space-to-
Earth), 11.45-11.7 GHz (space-to-Earth) and 11.7-12.2 GHz (space-to-
Earth) bands shall receive protection from interference caused by space 
stations other than the target space station 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 Sec.  25.209(a) and (b) and stationary at the 
location at which any interference occurred.
    (9) Each VMES terminal shall automatically cease transmitting 
within 100 milliseconds upon loss of reception of the satellite 
downlink signal.
    (b) Applications for VMES operation in the 14.0-14.5 GHz (Earth-to-
space) band to GSO satellites in the fixed-satellite service shall 
include, in addition to the particulars of operation identified on Form 
312, and associated Schedule B, the applicable technical

[[Page 57101]]

demonstrations in paragraphs (b)(1), (b)(2) or (b)(3) of this section 
and the documentation identified in paragraphs (b)(4) through (b)(8) of 
this section.
    (1) A VMES applicant proposing to implement a transmitter under 
paragraph (a)(1) of this section shall demonstrate that the transmitter 
meets the off-axis EIRP spectral-density limits contained in paragraph 
(a)(1)(i) of this section. To provide this demonstration, the 
application shall include the tables described in paragraph (b)(1)(i) 
of this section or the certification described in paragraph (b)(1)(ii) 
of this section. The VMES applicant also shall provide the value N 
described in paragraph (a)(1)(i)(A) of this section. A VMES applicant 
proposing to implement a transmitter under paragraph (a)(1)(ii)(A) of 
this section shall provide the certifications identified in paragraph 
(b)(1)(iii) of this section. A VMES applicant proposing to implement a 
transmitter under paragraph (a)(1)(ii)(B) of this section shall provide 
the demonstrations identified in paragraph (b)(1)(iv) of this section.
    (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.
    (A) For purposes of the off-axis EIRP table in the plane of the 
GSO, the off-axis angle is the angle in degrees from the line 
connecting the focal point of the antenna to the orbital location of 
the target satellite, and the plane of the GSO is determined by the 
focal point of the antenna and the line tangent to the arc of the GSO 
at the orbital position of the target satellite.
    (B) For purposes of the off-axis co-polarized 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 orbital location 
of the target satellite, and the elevation plane is defined as the 
plane perpendicular to the plane of the GSO defined in paragraph 
(b)(1)(i)(A) of this section.
    (C) For purposes of the cross-polarized EIRP table, the off-axis 
angle is the angle in degrees from the line connecting the focal point 
of the antenna to the orbital location of the target satellite and the 
plane of the GSO as defined in paragraph (b)(1)(i)(A) of this section 
will be used.
    (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.
    (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].
    (iv) 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.
    (2) 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.
    (3) A VMES applicant proposing to implement 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) through (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) through (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 paragraph 
(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:

[[Page 57102]]

    (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 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.
    (4) There shall be an exhibit included with the application 
describing the geographic area(s) in which the VMESs will operate.
    (5) Any 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.
    (6) The point of contact referred to in paragraph (a)(5) of this 
section shall be included in the application.
    (7) Any VMES applicant filing for a VMES terminal or system shall 
include in its application a certification that will comply with the 
requirements of paragraph (a)(6) of this section.
    (8) All VMES applicants shall submit a radio frequency hazard 
analysis determining via calculation, simulation, or field measurement 
whether VMES terminals, or classes of terminals, will produce power 
densities that will exceed the Commission's radio frequency exposure 
criteria. VMES applicants with VMES terminals that will exceed the 
guidelines in Sec.  1.1310 of this chapter for radio frequency 
radiation exposure shall provide, with their environmental assessment, 
a plan for mitigation of radiation exposure to the extent required to 
meet those guidelines. All VMES licensees shall ensure installation of 
VMES terminals on vehicles by qualified installers who have an 
understanding of the antenna's radiation environment and the measures 
best suited to maximize protection of the general public and persons 
operating the vehicle and equipment. A VMES terminal exhibiting 
radiation exposure levels exceeding 1.0 mW/cm \2\ in accessible areas, 
such as at the exterior surface of the radome, shall have a label 
attached to the surface of the terminal warning about the radiation 
hazard and shall include thereon a diagram showing the regions around 
the terminal where the radiation levels could exceed 1.0 mW/cm \2\. All 
VMES licensees shall ensure that a VMES terminal ceases transmission 
upon encountering an obstruction that degrades the VMES downlink 
signal.
    (c)(1) Operations of VMESs in the 14.0-14.2 GHz (Earth-to-space) 
frequency band within 125 km of the NASA TDRSS facilities on Guam 
(latitude 13[deg]36'55'' N, longitude 144[deg]51'22'' E) or White 
Sands, New Mexico (latitude 32[deg]20'59'' N, longitude 106[deg]36'31'' 
W and latitude 32[deg]32'40'' N, longitude 106[deg]36'48'' W) are 
subject to coordination with the National Aeronautics and Space 
Administration (NASA) through the National Telecommunications and 
Information Administration (NTIA) Interdepartment Radio Advisory 
Committee (IRAC). Licensees shall notify the International Bureau once 
they have completed coordination. Upon receipt of such notification 
from a licensee, the International Bureau will issue a public notice 
stating that the licensee may commence operations within the 
coordination zone in 30 days if no party has opposed the operations.
    (2) When NTIA seeks to provide similar protection to future TDRSS 
sites that have been coordinated through the IRAC Frequency Assignment 
Subcommittee process, NTIA will notify the Commission's International 
Bureau that the site is nearing operational status. Upon public notice 
from the International Bureau, all Ku-band VMES licensees shall cease 
operations in the 14.0-14.2 GHz band within 125 km of the new TDRSS 
site until the licensees complete coordination with NTIA/IRAC for the 
new TDRSS facility. Licensees shall notify the International Bureau 
once they have completed coordination for the new TDRSS site. Upon 
receipt of such notification from a licensee, the International Bureau 
will issue a public notice stating that the licensee may commence 
operations within the coordination zone in 30 days if no party has 
opposed the operations. The VMES licensee then will be permitted to 
commence operations in the 14.0-14.2 GHz band within 125 km of the new 
TDRSS site, subject to any operational constraints developed in the 
coordination process.
    (d)(1) Operations of VMESs in the 14.47-14.5 GHz (Earth-to-space) 
frequency band in the vicinity of radio astronomy service (RAS) 
observatories observing in the 14.47-14.5 GHz band are subject to 
coordination with the National Science Foundation (NSF). The 
appropriate NSF contact point to initiate coordination is 
Electromagnetic Spectrum Manager, NSF, 4201 Wilson Blvd., Suite 1045, 
Arlington VA 22203, fax 703-292-9034, e-mail [email protected]. Licensees 
shall notify the International Bureau once they have completed 
coordination. Upon receipt of the coordination agreement from a 
licensee, the International Bureau will issue a public notice stating 
that the licensee may commence operations within the coordination zone 
in 30 days if no party has opposed the operations.
    (2) Table 1 provides a list of each applicable RAS site, its 
location, and the applicable coordination zone.

[[Page 57103]]



       Table 1--Applicable Radio Astronomy Service (RAS) Facilities and Associated Coordination Distances
----------------------------------------------------------------------------------------------------------------
                                          Latitude        Longitude
             Observatory                   (north)         (west)           Radius (km) of coordination zone
----------------------------------------------------------------------------------------------------------------
Arecibo, Observatory, Arecibo, PR....  18[deg]20'37''  66[deg]45'11''  Island of Puerto Rico.
Green Bank, WV.......................  38[deg]25'59''  79[deg]50'23''  160.
Very Large Array, near Socorro, NM...  34[deg]04'44''  107[deg]37'06'  160.
                                                                    '
Pisgah Astronomical Research           35[deg]11'59''  82[deg]52'19''  160.
 Institute, Rosman, NC.
U of Michigan Radio Astronomy          42[deg]23'56''  83[deg]56'11''  160.
 Observatory, Stinchfield Woods, MI.
Very Long Baseline Array (VLBA)
 stations:
    Owens Valley, CA.................  37[deg]13'54''  118[deg]16'37'  160*.
                                                                    '
    Mauna Kea, HI....................  19[deg]48'05''  155[deg]27'20'  50.
                                                                    '
    Brewster, WA.....................  48[deg]07'52''  119[deg]41'00'  .........................................
                                                                    '
    Kitt Peak, AZ....................  31[deg]57'23''  111[deg]36'45'  .........................................
                                                                    '
    Pie Town, NM.....................  34[deg]18'04''  108[deg]07'09'  .........................................
                                                                    '
    Los Alamos, NM...................  35[deg]46'30''  106[deg]14'44'  .........................................
                                                                    '
    Fort Davis, TX...................  30[deg]38'06''  103[deg]56'41'  .........................................
                                                                    '
    North Liberty, IA................  41[deg]46'17''  91[deg]34'27''  .........................................
    Hancock, NH......................  42[deg]56'01''  71[deg]59'12''  .........................................
    St. Croix, VI....................  17[deg]45'24''  64[deg]35'01''  .........................................
----------------------------------------------------------------------------------------------------------------
* Owens Valley, CA operates both a VLBA station and single-dish telescopes.

    (3) When NTIA seeks to provide similar protection to future RAS 
sites that have been coordinated through the IRAC Frequency Assignment 
Subcommittee process, NTIA will notify the Commission's International 
Bureau that the site is nearing operational status. Upon public notice 
from the International Bureau, all Ku-band VMES licensees shall cease 
operations in the 14.47-14.5 GHz band within the relevant geographic 
zone (160 kms for single-dish radio observatories and Very Large Array 
antenna systems and 50 kms for Very Long Baseline Array antenna 
systems) of the new RAS site until the licensees complete coordination 
for the new RAS facility. Licensees shall notify the International 
Bureau once they have completed coordination for the new RAS site and 
shall submit the coordination agreement to the Commission. Upon receipt 
of such notification from a licensee, the International Bureau will 
issue a public notice stating that the licensee may commence operations 
within the coordination zone in 30 days if no party opposed the 
operations. The VMES licensee then will be permitted to commence 
operations in the 14.47-14.5 GHz band within the relevant coordination 
distance around the new RAS site, subject to any operational 
constraints developed in the coordination process.
    (e) VMES licensees shall use Global Positioning Satellite-related 
or other similar position location technology to ensure compliance with 
paragraphs (c) and (d) of this section.

[FR Doc. E9-26215 Filed 11-3-09; 8:45 am]
BILLING CODE 6712-01-P