[Federal Register Volume 75, Number 6 (Monday, January 11, 2010)]
[Rules and Regulations]
[Pages 1285-1287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-245]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

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


Vehicle-Mounted Earth Stations (VMES)

AGENCY: Federal Communications Commission.

ACTION: Final Rule; announcement of effective date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
the information collection requirements associated with Sections 
25.132(b)(3), 25.226(a)(6), (b), (c), (d)(1), and (d)(3) of the 
Commission's rules, and that these rules will take effect as of the 
date of this notice. On November 4, 2009, the Commission published the 
summary document of the Report and Order, 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, at 74 FR 57092. The Report 
and Order stated that the Commission will publish a notice in the 
Federal Register announcing when OMB approval for the rule sections 
which contain information collection requirements has been received and

[[Page 1286]]

when the revised rules will take effect. This notice is consistent with 
the statement in the Report and Order.

DATES: 47 CFR 25.132(b)(3), 25.226(a)(6), (b), (c), (d)(1), and (d)(3) 
are effective on January 11, 2010.

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 document announces that, on January 4, 
2010, OMB approved, for a period of three years, the information 
collection requirements contained in Sections 25.132(b)(3), 
25.226(a)(6), (b), (c), (d)(1), and (d)(3) of the Commission's rules. 
The Commission publishes this notice to announce the effective date of 
these rules. If you have any comments on the burden estimates listed 
below, or how the Commission can improve the collections and reduce any 
burdens caused thereby, please contact Cathy Williams, Federal 
Communications Commission, Room 1-C823, 445 12th Street, SW., 
Washington, DC 20554. Please include OMB Control Number 3060-1106 in 
your correspondence. The Commission also will accept your comments via 
the Internet if you send them to [email protected]. To request materials in 
accessible formats for people with disabilities (Braille, large print, 
electronic files, audio format), send an e-mail to [email protected] or 
call the Consumer & Governmental Affairs Bureau at (202)418-0530 
(voice), (202) 418-0432 (TTY).
    Synopsis
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the Commission is notifying the public that it received OMB 
approval on January 4, 2010, for the information collection 
requirements contained in the Commission's rules at 47 CFR Sections 
25.132(b)(3), 25.226(a)(6), (b), (c), (d)(1), and (d)(3). Under 5 CFR 
1320, an agency may not conduct or sponsor a collection of information 
unless it displays a current, valid OMB 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 
that does not display a valid OMB Control Number. The OMB Control 
Number is 3060-1106 and the total annual reporting burdens and costs 
for respondents are as follows:
    OMB Control Numbers: 3060-1106.
    OMB Approval Date: January 4, 2010.
    Expiration Date: December 31, 2012.
    Title: Licensing and Service Rules for Vehicle-Mounted Earth 
Stations (VMES).
    Form Number: Not Applicable.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents/Responses: 10 respondents; 10 responses.
    Estimated Hours per Response: 0.25 hours - 24 hours per response.
    Frequency of Response: On occasion reporting requirements; 
Recordkeeping requirement; Third party disclosure requirement.
    Total Annual Burden: 322 hours.
    Total Annual Cost: $104,300.
    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, 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.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality pertaining to the information collection requirements 
in this collection.
    Privacy Act Assessment: No impact(s).
    Needs and Uses: On July 31, 2009, the Federal Communications 
Commission (Commission) released a Report and Order 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'' (FCC 09-64), IB Docket 
No. 07-101(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 25.132(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.
    2. 47 CFR 26.226(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.
    3. 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
    4. (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.
    5. 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].
    6. 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

[[Page 1287]]

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.
    7. 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.
    8. 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 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.
    9. 47 CFR 25.226 (b)(4)
    There shall be an exhibit included with the application describing 
the geographic area(s) in which the VMESs will operate.
    10. 47 CFR 25.226(b)(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.
    11. 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.
    12. 47 CFR 25.226 (b)(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.
    13. 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.
    14. 47 CFR 25.226(c)(1)
    Licensee shall notify the Commission after completing coordination 
with NASA and NTIA on current TDRSS sites.
    15. 47 CFR 25.226(c)(3)
    Licensee shall notify the Commission after completing coordination 
with NASA and NTIA on future TDRSS sites.
    16. 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.
    17. 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.
    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.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2010-245 Filed 1-8-10; 8:45 am]
BILLING CODE 6712-01-S