[Federal Register Volume 75, Number 64 (Monday, April 5, 2010)]
[Rules and Regulations]
[Pages 17055-17062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7567]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 74 and 78

[ET Docket No. 03-254; FCC 10-15]


Coordination Between the Non-Geostationary and Geostationary 
Satellite Orbit

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document the Commission specifies rules and procedures 
to be used for frequency coordination between terrestrial Broadcast 
Auxiliary Service and Cable Television Relay Service (BAS/CARS) 
operations and geostationary satellite orbit (GSO) or non-geostationary 
satellite orbit (NGSO) fixed-satellite service (FSS) operations in the 
6875-7075 MHz (7 GHz) and 12750-13250 MHz (13 GHz) bands. At this time 
the Commission did not adopt a ``Growth Zone'' proposal that would have 
supplemented our existing terrestrial coordination procedures between 
NGSO FSS space-to-Earth operations and existing fixed service (FS) 
operations in the 10.7-11.7 GHz (10 GHz) band, and will retain our 
existing coordination rules.

DATES: Effective May 5, 2010.

FOR FURTHER INFORMATION CONTACT: James Miller, (202) 418-7351, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, ET Docket No. 03-254, FCC 10-15, adopted January 14, 2010, 
and

[[Page 17056]]

released January 20, 2010. The full text of the document is available 
on the Commission's Internet site at http://www.fcc.gov. It is also 
available for inspection and copying during regular business hours in 
the FCC Reference Center (Room CY-A257), 445 12th St., SW., Washington, 
DC 20554. The full text may also be purchased from the Commission's 
duplication contractor, Best Copy and Printing Inc., Portals II, 445 
12th St., SW., Room CY-B402, Washington, DC 20554, telephone (202) 488-
5300; fax (202) 488-5563; e-mail [email protected].

Summary of the Report and Order

    1. In the Report and Order (R&O), the Commission specified rules 
and procedures to be used for frequency coordination between 
terrestrial Broadcast Auxiliary Service and Cable Television Relay 
Service (BAS/CARS) operations and geostationary satellite orbit (GSO) 
or non-geostationary satellite orbit (NGSO) fixed-satellite service 
(FSS) operations in the 6875-7075 MHz (7 GHz) and 12750-13250 MHz (13 
GHz) bands. The Commission did not adopt at this time a ``Growth Zone'' 
proposal that would have supplemented our existing terrestrial 
coordination procedures between NGSO FSS space-to-Earth operations and 
existing fixed service (FS) operations in the 10.7-11.7 GHz (10 GHz) 
band, and will retain our existing coordination rules. The Commission 
decisions supports actions intended to allow new satellite services in 
frequency bands used by various fixed and mobile operations and 
addresses issues raised in the Notice of Proposed Rulemaking (NPRM), 69 
FR 4908, February 2, 2004, in this proceeding. This action permits 
satellite and terrestrial services operating in these bands to continue 
to coordinate their spectrum use in an efficient manner.
    2. Based on the record, the Commission requires the use of the 
``notice and response'' prior coordination procedures for coordination 
between GSO or NGSO FSS and fixed BAS/CARS operations. The Commission 
concludes that requiring the use of these procedures for coordination 
of operations in these services will enable more efficient use of the 7 
GHz and 13 GHz bands by permitting the different services to coordinate 
and operate on a cooperative basis. Moreover, as indicated in the NPRM, 
the Commission believes that uniform coordination procedures for 
similar services will simplify our rules and the frequency coordination 
process.
    3. The Commission also requires GSO or NGSO FSS applicants to use 
the ``notice and response'' prior coordination procedures when they 
initiate coordination with mobile BAS/CARS licensees. The prior 
coordination process provides the opportunity for GSO or NGSO FSS 
applicants, prior to the licensing and operation of an earth station, 
to identify and implement measures to protect against potential harmful 
interference, and will facilitate sharing during mobile BAS/CARS 
service deployments. For example, FSS applicants can consider existing 
BAS/CARS receiver locations when making site selections, and can 
incorporate attenuation measures into their facility designs.
    4. The Commission permits mobile BAS/CARS to coordinate with GSO or 
NGSO FSS entities under either the ``notice and response'' prior 
coordination procedures or the ad hoc coordination procedures discussed 
in further detail in the R&O. The record reflects that local broadcast 
coordinators should be able to assist in identifying mobile television 
pickup operations (``TVPU'') receive sites for protection, thereby 
facilitating GSO or NGSO FSS coordination. Further, as noted by Boeing, 
GSO and NGSO FSS earth stations can work cooperatively with TVPU 
licensees regarding the specifics of sharing agreements pursuant to 
such coordination.
    5. The Commission finds that the ``notice and response'' process in 
the prior coordination procedures will provide ample opportunity for 
fixed or mobile BAS/CARS incumbents to identify and provide details 
regarding potentially affected facilities when coordinating with GSO or 
NGSO FSS operators. The process provides sufficient flexibility for all 
affected parties to reach agreement concerning measures for reducing 
the likelihood of interference. The Commission recognizes that there 
are challenges inherent in coordination between a permanent fixed 
operation, such as GSO or NGSO FSS earth station, and temporary fixed 
or mobile BAS/CARS operations, such as those involving news gathering 
trucks or helicopters. Unlike coordination between one fixed operation 
and another fixed operation-a scenario to which ``notice and response'' 
prior coordination procedures typically apply, coordination between 
fixed operations and temporary fixed or mobile operations requires an 
anticipation of where the temporary fixed or mobile operations may 
occur at a future time beyond the coordination.
    6. The Commission looks to the parties to exercise flexibility in 
order to ensure successful sharing through these procedures. For 
example, the Commission expects prospective FSS licensees to select 
sites sufficiently removed from typical mobile BAS/CARS areas of use to 
reasonably accommodate the frequencies and look angles for which the 
FSS licensees seek coordination. Moreover, because NGSO FSS use of the 
7 GHz and 13 GHz bands is limited to feeder links, the Commission 
expects NGSO FSS licensees to seek coordination only for frequencies 
and look angles that they reasonably anticipate using over the life of 
the system. Similarly, while BAS and CARS licensees are often 
authorized to operate over a large geographic area, such as a 
metropolitan area, the Commission does not envision that they will 
object to prior coordination requests from FSS licensees on the sole 
basis that an earth station placed in or near their licensed area could 
impinge upon future deployment of temporary fixed or mobile BAS/CARS 
operations anywhere in that area. Rather, BAS/CARS licensees should 
object only where they anticipate interference into fixed receive sites 
used in conjunction with mobile BAS/CARS transmitters, or into areas in 
which they reasonably expect to operate. Such areas may include, for 
example, those in which they have operated on past occasions or which 
are likely to require coverage for news events in the future, such as 
convention centers, court houses, or sports venues. The Commission 
envisions that such coordination between FSS and BAS/CARS licensees in 
the band will lead to efficient shared use of the bands, including the 
availability of some spectrum for both FSS and BAS/CARS licensees in or 
near high-demand markets.
    7. While the Commission sets forth expectations, it does not 
believe that it is necessary to modify the rules for ``notice and 
response'' prior coordination procedures in this regard. The Commission 
rejects SBE's suggestions for additional protection for BAS/CARS 
operations as ``preclusion'' or ``keep away'' areas, as the overall 
record generated in the proceeding offers no compelling reason for 
deviating from a ``notice and response'' coordination approach. 
Moreover, the Commission agrees with those commenting parties that 
argue that many of SBE's proposals would make the coordination process 
potentially more burdensome and complex with minimal benefit in return. 
Also, to the extent that SBE requests that the Commission revisit those 
rules relating to the scope of FSS operations in the band--such as 
limiting the coordination of earth stations to only the spectrum

[[Page 17057]]

and look angles to be put in use at the start of operations--the 
Commission agrees with other commenters that such matters have been 
fully considered and addressed in prior proceedings and see no need to 
revisit them here.
    8. In the NPRM, the Commission expressed its belief that use of 
these criteria will be as successful for protecting fixed BAS/CARS 
receivers as they have proven to be for FS and other receivers. The 
Commission had sought comment as to whether or to what values the 
interference protection criteria contained in Sec. Sec.  101.105(a), 
(b), and (c) should be amended in order to address the protection of 
mobile and fixed receivers used in conjunction with mobile BAS/CARS 
stations. Commenters provided no views on this matter.
    9. Accordingly, the Commission extends the existing ``notice and 
response'' coordination procedures in Sec. Sec.  25.203(c) and 
25.251(a) to coordination of new GSO and NGSO FSS earth stations with 
fixed BAS/CARS stations in the 7 GHz and 13 GHz bands. For coordination 
of new fixed BAS/CARS stations with GSO or NGSO FSS earth stations, the 
Commission apply the coordination procedures set forth in Sec.  
101.103(d) by amending Sec. Sec.  74.638(b) and 78.36(b) to reflect the 
part 101 procedures. The Commission adopted the approach described in 
the NPRM, and applies the existing FS interference protection criteria 
in Sec. Sec.  101.105(a), (b), and (c) for the protection of fixed BAS/
CARS receivers by new GSO or NGSO FSS earth stations. While the 
Commission recognizes that mobile BAS/CARS facilities have somewhat 
different characteristics from fixed facilities that can affect their 
potential to cause and receive interference, the Commission continues 
to believe that the overall structure of the Commission's existing 
prior coordination procedures provide sufficient flexibility for the 
parties to negotiate solutions that will reduce the likelihood of 
interference. As indicated in the NPRM and demonstrated by the success 
of its use with coordination of related services, the Commission 
believes that the approaches described for coordinating FSS (both NGSO 
and GSO) and BAS/CARS mobile operations achieve a balance between the 
needs of FSS licensees for certainty and reliability and the needs of 
BAS/CARS for flexibility. Thus, the Commission will apply the existing 
FS interference protection criteria in Sec. Sec.  101.105(a), (b), and 
(c) for the protection of mobile BAS/CARS receivers by new GSO or NGSO 
FSS earth stations.
    10. The Commission continues to believe that allowing BAS/CARS 
operators to choose between ``notice and response'' and ad hoc 
coordination will promote sharing in the 7 GHz and 13 GHz bands and 
minimize the coordination burdens and need for its regulatory 
oversight. The Commission notes that the ad hoc coordination process 
requires the cooperation of the affected parties, but affords mobile 
services maximum flexibility with regard to deployment. However, the 
more formal ``notice and response'' coordination procedures can provide 
GSO or NGSO FSS operators with additional certainty of protection from 
mobile BAS/CARS operations by providing the opportunity to identify 
potential sharing concerns and take appropriate action prior to 
licensing and operation. For example, the Commission notes that some of 
these decisions--such as site location and design--are most logically 
made before FSS operators begin operation; if later, a mobile BAS/CARS 
licensee opts to exercise ad hoc coordination, the Commission would 
expect the coordination process to be facilitated because those prior 
decisions promoted a more favorable overall sharing environment. 
Furthermore, as discussed in the NPRM, these two coordination 
approaches have been adequate to address sharing with BAS/CARS fixed 
operations and offer sufficient protection between mobile BAS/CARS and 
GSO or NGSO FSS operations while achieving an important goal of 
avoiding unnecessary burden and regulatory oversight.
    11. For the foregoing reasons, the Commission allows mobile BAS/
CARS entities initiating coordination to use either prior coordination 
or ad hoc procedures when coordinating with GSO or NGSO FSS operations 
in the 7 GHz and 13 GHz bands (as discussed, GSO or NGSO FSS and fixed 
BAS/CARS applicants must use the prior coordination rules). 
Accordingly, the Commission modifies its rules to clarify the bands in 
which applicants for mobile BAS/CARS have the flexibility to use either 
the informal ad hoc or more structured ``notice and response'' prior 
coordination procedures.

Growth Zones Proposal

    12. In the NPRM, the Commission sought comment on a ``Growth 
Zones'' proposal that would change the NGSO FSS earth station siting 
rules in part 25 of the Commission rules to promote sharing between 
NGSO FSS and terrestrial fixed services in the 10 GHz band. The 
``Growth Zones'' proposal was based on a pleading by SkyBridge L.L.C. 
(``SkyBridge''), an NGSO FSS applicant, and the Fixed Wireless 
Communications Coalition (``FWCC''), an association representing FS 
licensees in the 10 GHz band. The proposal was intended to modify and 
supplement the prior coordination procedures between NGSO FSS and FS 
operations in the band. The parties proposed a mechanism to identify 
counties where the growth of fixed point-to-point operations was likely 
(referred to as ``growth zones''). Skybridge and FWCC proposed that 
siting of NGSO FSS earth stations in a growth zone be subject to a list 
of conditions in order to permit the siting of earth stations in areas 
of intense FS use while ensuring the deployment of future fixed service 
operations in those areas. The proposal was designed to address what 
was expected to be an imminent, substantial, and novel sharing scenario 
between the newly authorized NGSO FSS and terrestrial incumbents.
    13. The Commission sought comment on the ``Growth Zones'' proposal 
offered by SkyBridge and FWCC. Subsequently, SkyBridge contacted the 
Commission and declined to accept its 10 GHz band NGSO FSS 
authorization. The only other remaining NGSO FSS licensee, Virtual 
Geosatellite LLC (``VirtualGeo''), subsequently surrendered its 
license. Thus, the imminent deployment of NGSO FSS earth stations in 
this band that was anticipated at the time of the NPRM is no longer at 
issue.
    14. The Commission concludes that, given the developments with 
respect to the NGSO FSS applicants and licensees, the ``Growth Zones'' 
proposal is no longer ripe for consideration. The proposal was intended 
to address the needs and compromises reached by those specific parties. 
Now, with neither the original satellite proponent nor any other NGSO 
FSS applicant currently pursuing licensing in the 10 GHz band, it would 
be inappropriate to act on the proposal at this time, therefore, the 
Commission is not adopting the ``Growth Zones'' proposal. The 
Commission's decision not to adopt that plan is without prejudice to 
the merits of the proposal, and the Commission notes that parties are 
free to bring this matter before the Commission again if changing 
conditions warrant its consideration. Further, the prior coordination 
procedures between NGSO FSS and FS operations in the band that the 
Commission had previously adopted remain in effect.

[[Page 17058]]

Final Regulatory Flexibility Analysis

    15. As required by the Regulatory Flexibility Act (``RFA''),\1\ an 
Initial Regulatory Flexibility Analysis (``IRFA'') was incorporated in 
the Notice of Proposed Rule Making (``NPRM'') in this proceeding. The 
Commission sought written comment on the proposals in the NPRM, 
including comments on the IRFA.\2\ The present Final Regulatory 
Flexibility Analysis (``FRFA'') conforms to the RFA.
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1966 (``SBREFA''), Public Law No. 104-121, Title II, 110 Stat. 857 
(1996).
    \2\ NPRM, 69 FR 4908 (Feb. 02, 2004), para. 64 and Appendix B.
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A. Need for, and Objectives of, the Report and Order

    16. By this action (``Report & Order''), the Commission modifies 
our frequency coordination rules to promote sharing between non-
geostationary satellite orbit (``NGSO'') and geostationary satellite 
orbit (``GSO'') fixed-satellite service (``FSS'') operations and 
various terrestrial services operating in several frequency bands. The 
Commission declined to adopt a joint proposal by SkyBridge L.L.C. and 
the Fixed Wireless Communications Coalition (``SkyBridge/FWCC Growth 
Zone Proposal'') to supplement our existing coordination procedures to 
promote sharing between new NGSO FSS space-to-Earth (``downlink'') 
operations and existing Fixed Service (``FS'') operations in the 10.7-
11.7 GHz (``10 GHz'') band.\3\ The Commission adopts such proposals for 
amending our frequency coordination rules to address situations where 
NGSO FSS and GSO FSS operations share spectrum with terrestrial 
operations in the FS, Broadcast Auxiliary Service (``BAS'') and Cable 
Television Relay Service (``CARS'') in various bands. Specifically, it:
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    \3\ SkyBridge/FWCC Ex Parte comments in ET Docket No. 98-206, 
filed December 8, 1999, at 3. These ex parte comments are included 
in the docket file for this proceeding. SkyBridge filed one of the 
petitions for rulemaking (RM-9147) to which ET Docket No. 98-206 
responds and was one of four applicants for NGSO FSS satellite 
systems in the 10 GHz band. The FWCC is a coalition of microwave 
equipment manufacturers, licensees, and their associations, and 
communications service providers and their associations, interested 
in terrestrial fixed microwave communications.
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     Apply the existing parts 25 and 101 ``notice and 
response'' coordination rules for coordination of new FSS (both NGSO 
and GSO) earth stations with mobile BAS/CARS operations in the 6875-
7075 MHz (``7 GHz'') and 12750-13250 MHz (``13 GHz'') bands, and 
consider whether any additions or modifications to the rules are needed 
to address the operating characteristics of mobile services;
     Allow either the parts 74 and 78 informal ad hoc 
coordination rules or the part 101 ``notice and response'' coordination 
rules to be used for the coordination of mobile BAS/CARS operations 
with FSS (both NGSO and GSO) earth stations, in the 7 GHz and 13 GHz 
bands, and consider whether any additions or modifications of these 
rules are needed; and,
     Apply the existing parts 25 and 101 ``notice and 
response'' coordination rules for sharing between new NGSO FSS earth 
stations and fixed BAS/CARS operations in the 7 GHz and 13 GHz bands.

The Commission undertook this proceeding to facilitate the introduction 
of new satellite and terrestrial services while promoting interference 
protection among the various users in these bands.

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

    17. There were no comments filed that specifically addressed the 
rules and policies proposed in the IRFA.

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

    18. The RFA generally defines the term ``small entity'' as having 
the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small governmental jurisdiction.'' \4\ In 
addition, the term ``small business'' has the same meaning as the term 
``small business concern'' under the Small Business Act.\5\ A small 
business concern is one which: (1) Is independently owned and operated; 
(2) is not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the Small Business Administration 
(``SBA'').\6\ A small organization is generally ``any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.'' \7\ Nationwide, there are a total of 
approximately 29.6 million small businesses, according to the SBA.\8\ A 
``small organization'' is generally ``any not-for-profit enterprise 
which is independently owned and operated and is not dominant in its 
field.'' \9\ Nationwide, as of 2002, there were approximately 1.6 
million small organizations.\10\ The term ``small governmental 
jurisdiction'' is defined generally as ``governments of cities, towns, 
townships, villages, school districts, or special districts, with a 
population of less than fifty thousand.'' \11\ Census Bureau data for 
2002 indicate that there were 87,525 local governmental jurisdictions 
in the United States.\12\ We estimate that, of this total, 84,377 
entities were ``small governmental jurisdictions.'' \13\ Thus, we 
estimate that most governmental jurisdictions are small.
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    \4\ 5 U.S.C. 601(6).
    \5\ See Id. 601(3) (incorporating by reference the definition of 
``small business concern'' in 15 U.S.C. 632). Pursuant to the RFA, 
the statutory definition of a small business applies ``unless an 
agency, after consultation with the Office of Advocacy of the Small 
Business Administration and after opportunity for public comment, 
establishes one or more definitions of such term which are 
appropriate to the activities of the agency and publishes such 
definition(s) in the Federal Register.'' Id.
    \6\ See Small Business Act, 15 U.S.C. 632.
    \7\ 5 U.S.C. 601(4).
    \8\ See SBA, Office of Advocacy, ``Frequently Asked Questions,'' 
http://web.sba.gov/faqs/faqindex.cfm?areaID=24 (revised Sept. 2009).
    \9\ 5 U.S.C. 601(4).
    \10\ Independent Sector, The New Nonprofit Almanac & Desk 
Reference (2002).
    \11\ 5 U.S.C. 601(5).
    \12\ U.S. Census Bureau, Statistical Abstract of the United 
States: 2006, Section 8, page 272, Table 415.
    \13\ We assume that the villages, school districts, and special 
districts are small, and total 48,558. See U.S. Census Bureau, 
Statistical Abstract of the United States: 2006, section 8, page 
273, Table 417. For 2002, Census Bureau data indicate that the total 
number of county, municipal, and township governments nationwide was 
38,967, of which 35,819 were small. Id.
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    19. Cable Television Distribution Services. Since 2007, these 
services have been newly defined within the broad economic census 
category of Wired Telecommunications Carriers; that category is defined 
as follows: ``This industry comprises establishments primarily engaged 
in operating and/or providing access to transmission facilities and 
infrastructure that they own and/or lease for the transmission of 
voice, data, text, sound, and video using wired telecommunications 
networks. Transmission facilities may be based on a single technology 
or a combination of technologies.'' \14\ The SBA has developed an 
associated small business size standard for this category, and that is: 
All such firms having 1,500 or fewer employees. To gauge small business 
prevalence for these cable services we must, however, use current 
census data that are based on the previous category of Cable and Other 
Program Distribution and its associated size standard; that size 
standard was: All such firms having $13.5 million or less in annual 
receipts.\15\ According to Census Bureau data for 2002, there were a 
total of 1,191

[[Page 17059]]

firms in this category that operated for the entire year.\16\ Of this 
total, 1,087 firms had annual receipts of under $10 million, and 43 
firms had receipts of $10 million or more but less than $25 
million.\17\ Thus, the majority of these cable firms can be considered 
to be small.
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    \14\ U.S. Census Bureau, 2007 NAICS Definitions, ``517110 Wired 
Telecommunications Carriers'' (partial definition); http://www.census.gov/naics/2007/def/ND517110.HTM#N517110.
    \15\ 13 CFR 121.201, NAICS code 517110.
    \16\ U.S. Census Bureau, 2002 Economic Census, Subject Series: 
Information, Table 4, Receipts Size of Firms for the United States: 
2002, NAICS code 517510 (issued November 2005).
    \17\ Id. An additional 61 firms had annual receipts of $25 
million or more.
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    20. Cable Companies and Systems. The Commission has also developed 
its own small business size standards, for the purpose of cable rate 
regulation. Under the Commission's rules, a ``small cable company'' is 
one serving 400,000 or fewer subscribers, nationwide.\18\ Industry data 
indicate that, of 1,076 cable operators nationwide, all but eleven are 
small under this size standard.\19\ In addition, under the Commission's 
rules, a ``small system'' is a cable system serving 15,000 or fewer 
subscribers.\20\ Industry data indicate that, of 7,208 systems 
nationwide, 6,139 systems have under 10,000 subscribers, and an 
additional 379 systems have 10,000-19,999 subscribers.\21\ Thus, under 
this second size standard, most cable systems are small.
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    \18\ 47 CFR 76.901(e). The Commission determined that this size 
standard equates approximately to a size standard of $100 million or 
less in annual revenues. Implementation of Sections of the 1992 
Cable Act: Rate Regulation, Sixth Report and Order and Eleventh 
Order on Reconsideration, 10 FCC Rcd 7393, 7408 (1995).
    \19\ These data are derived from: R.R. Bowker, Broadcasting & 
Cable Yearbook 2006, ``Top 25 Cable/Satellite Operators,'' pages A-8 
& C-2 (data current as of June 30, 2005); Warren Communications 
News, Television & Cable Factbook 2006, ``Ownership of Cable Systems 
in the United States,'' pages D-1805 to D-1857.
    \20\ 47 CFR 76.901(c).
    \21\ Warren Communications News, Television & Cable Factbook 
2006, ``U.S. Cable Systems by Subscriber Size,'' page F-2 (data 
current as of Oct. 2005). The data do not include 718 systems for 
which classifying data were not available.
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    21. Cable System Operators. The Communications Act of 1934, as 
amended, also contains a size standard for small cable system 
operators, which is ``a cable operator that, directly or through an 
affiliate, serves in the aggregate fewer than 1 percent of all 
subscribers in the United States and is not affiliated with any entity 
or entities whose gross annual revenues in the aggregate exceed 
$250,000,000.'' \22\ The Commission has determined that an operator 
serving fewer than 677,000 subscribers shall be deemed a small 
operator, if its annual revenues, when combined with the total annual 
revenues of all its affiliates, do not exceed $250 million in the 
aggregate.\23\ Industry data indicate that, of 1,076 cable operators 
nationwide, all but ten are small under this size standard.\24\ We note 
that the Commission neither requests nor collects information on 
whether cable system operators are affiliated with entities whose gross 
annual revenues exceed $250 million,\25\ and therefore we are unable to 
estimate more accurately the number of cable system operators that 
would qualify as small under this size standard.
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    \22\ 47 U.S.C. 543(m)(2); see 47 CFR 76.901(f) & nn. 1-3.
    \23\ 47 CFR 76.901(f); see Public Notice, FCC Announces New 
Subscriber Count for the Definition of Small Cable Operator, DA 01-
158 (Cable Services Bureau, Jan. 24, 2001).
    \24\ These data are derived from: R.R. Bowker, Broadcasting & 
Cable Yearbook 2006, ``Top 25 Cable/Satellite Operators,'' pages A-8 
& C-2 (data current as of June 30, 2005); Warren Communications 
News, Television & Cable Factbook 2006, ``Ownership of Cable Systems 
in the United States,'' pages D-1805 to D-1857.
    \25\ The Commission does receive such information on a case-by-
case basis if a cable operator appeals a local franchise authority's 
finding that the operator does not qualify as a small cable operator 
pursuant to 76.901(f) of the Commission's rules. See 47 CFR 
76.909(b).
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    22. 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.\26\ The second has a 
size standard of $25 million or less in annual receipts.\27\ 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.\28\
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    \26\ 13 CFR 121.201, NAICS code 517410.
    \27\ 13 CFR 121.201, NAICS code 517919.
    \28\ 13 CFR 121.201, NAICS codes 517410 and 517910 (2002).
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    23. 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.'' \29\ For this category, Census Bureau data for 
2002 show that there were a total of 371 firms that operated for the 
entire year.\30\ Of this total, 307 firms had annual receipts of under 
$10 million, and 26 firms had receipts of $10 million to 
$24,999,999.\31\ Consequently, we estimate that the majority of 
Satellite Telecommunications firms are small entities that might be 
affected by our action.
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    \29\ U.S. Census Bureau, 2007 NAICS Definitions, ``517410 
Satellite Telecommunications''; http://www.census.gov/naics/2007/def/ND517410.HTM.
    \30\ 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).
    \31\ Id. An additional 38 firms had annual receipts of $25 
million or more.
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    24. 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.'' \32\ For 
this category, Census Bureau data for 2002 show that there were a total 
of 332 firms that operated for the entire year.\33\ Of this total, 303 
firms had annual receipts of under $10 million and 15 firms had annual 
receipts of $10 million to $24,999,999.\34\ Consequently, we estimate 
that the majority of All Other Telecommunications firms are small 
entities that might be affected by our action.
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    \32\ U.S. Census Bureau, 2007 NAICS Definitions, ``517919 All 
Other Telecommunications''; http://www.census.gov/naics/2007/def/ND517919.HTM#N517919.
    \33\ 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).
    \34\ Id. An additional 14 firms had annual receipts of $25 
million or more.
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    25. Television Broadcasting. This Economic Census category 
``comprises establishments primarily engaged in broadcasting images 
together with sound. These establishments operate television 
broadcasting studios and facilities for the programming and 
transmission of programs to the public.'' \35\ The SBA has created the 
following small business size standard for Television Broadcasting 
firms: Those having $14 million or less in annual receipts.\36\ The 
Commission has estimated the number of licensed commercial television 
stations to be 1,379.\37\ In addition, according to Commission staff 
review of the BIA Publications, Inc., Master Access Television Analyzer 
Database (BIA) on March 30, 2007, about 986 of an

[[Page 17060]]

estimated 1,374 commercial television stations (or approximately 72 
percent) had revenues of $13 million or less.\38\ The Commission 
therefore estimates that the majority of commercial television 
broadcasters are small entities.
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    \35\ U.S. Census Bureau, 2007 NAICS Definitions, ``515120 
Television Broadcasting'' (partial definition); http://www.census.gov/naics/2007/def/ND515120.HTM#N515120.
    \36\ 13 CFR 121.201, NAICS code 515120 (updated for inflation in 
2008).
    \37\ See FCC News Release, ``Broadcast Station Totals as of 
December 31, 2007,'' dated March 18, 2008; http://www.fcc.gov/Daily_Releases/Daily_Business/2008/db0318/DOC-280836A1.pdf.
    \38\ We recognize that BIA's estimate differs slightly from the 
FCC total given supra.
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    26. The Commission notes, that in assessing whether a business 
concern qualifies as small under the above definition, business 
(control) affiliations \39\ must be included. Our estimate, therefore, 
likely overstates the number of small entities that might be affected 
by our action, because the revenue figure on which it is based does not 
include or aggregate revenues from affiliated companies. In addition, 
an element of the definition of ``small business'' is that the entity 
not be dominant in its field of operation. The Commission is unable at 
this time to define or quantify the criteria that would establish 
whether a specific television station is dominant in its field of 
operation. Accordingly, the estimate of small businesses to which rules 
may apply does not exclude any television station from the definition 
of a small business on this basis and is therefore possibly over-
inclusive to that extent. In addition, the Commission has estimated the 
number of licensed noncommercial educational (NCE) television stations 
to be 380.\40\ These stations are non-profit, and therefore considered 
to be small entities.\41\ There are also 2,295 low power television 
stations (LPTV).\42\ Given the nature of this service, we will presume 
that all LPTV licensees qualify as small entities under the above SBA 
small business size standard.
---------------------------------------------------------------------------

    \39\ ``[Business concerns] are affiliates of each other when one 
concern controls or has the power to control the other or a third 
party or parties controls or has to power to control both.'' 13 CFR 
21.103(a)(1).
    \40\ See FCC News Release, ``Broadcast Station Totals as of 
December 31, 2007,'' dated March 18, 2008; http://www.fcc.gov/Daily_Releases/Daily_Business/2008/db0318/DOC-280836A1.pdf.
    \41\ See generally 5 U.S.C. 601(4), (6).
    \42\ See FCC News Release, ``Broadcast Station Totals as of 
December 31, 2007,'' dated March 18, 2008; http://www.fcc.gov/Daily_Releases/Daily_Business/2008/db0318/DOC-280836A1.pdf.
---------------------------------------------------------------------------

    27. Radio Stations. This Economic Census category ``comprises 
establishments primarily engaged in broadcasting aural programs by 
radio to the public. Programming may originate in their own studio, 
from an affiliated network, or from external sources.'' \43\ The SBA 
has established a small business size standard for this category, which 
is: Such firms having $7 million or less in annual receipts.\44\ 
According to Commission staff review of BIA Publications, Inc.'s Master 
Access Radio Analyzer Database on March 31, 2005, about 10,840 (95%) of 
11,410 commercial radio stations had revenues of $6 million or less. 
Therefore, the majority of such entities are small entities.
---------------------------------------------------------------------------

    \43\ U.S. Census Bureau, 2007 NAICS Definitions, ``515112 Radio 
Stations''; http://www.census.gov/naics/2007/def/ND515112.HTM#N515112.
    \44\ 13 CFR 121.201, NAICS code 515112 (updated for inflation in 
2008).
---------------------------------------------------------------------------

    28. The Commission notes, however, that in assessing whether a 
business concern qualifies as small under the above size standard, 
business affiliations must be included.\45\ In addition, to be 
determined to be a ``small business,'' the entity may not be dominant 
in its field of operation.\46\ It notes that it is difficult at times 
to assess these criteria in the context of media entities, and our 
estimate of small businesses may therefore be over-inclusive.
---------------------------------------------------------------------------

    \45\ ``Concerns and entities are affiliates of each other when 
one controls or has the power to control the other, or a third party 
or parties controls or has the power to control both. It does not 
matter whether control is exercised, so long as the power to control 
exists.'' 13 CFR 121.103(a)(1) (an SBA regulation).
    \46\ 13 CFR 121.102(b) (an SBA regulation).
---------------------------------------------------------------------------

    29. Wireless Telecommunications Carriers (except Satellite). Since 
2007, the Census Bureau has placed wireless firms within this new, 
broad, economic census category.\47\ Prior to that time, such firms 
were within the now-superseded categories of ``Paging'' and ``Cellular 
and Other Wireless Telecommunications.'' \48\ Under the present and 
prior categories, the SBA has deemed a wireless business to be small if 
it has 1,500 or fewer employees.\49\ Because Census Bureau data are not 
yet available for the new category, we will estimate small business 
prevalence using the prior categories and associated data. For the 
category of Paging, data for 2002 show that there were 807 firms that 
operated for the entire year.\50\ Of this total, 804 firms had 
employment of 999 or fewer employees, and three firms had employment of 
1,000 employees or more.\51\ For the category of Cellular and Other 
Wireless Telecommunications, data for 2002 show that there were 1,397 
firms that operated for the entire year.\52\ Of this total, 1,378 firms 
had employment of 999 or fewer employees, and 19 firms had employment 
of 1,000 employees or more.\53\ Thus, we estimate that the majority of 
wireless firms are small.
---------------------------------------------------------------------------

    \47\ U.S. Census Bureau, 2007 NAICS Definitions, ``517210 
Wireless Telecommunications Categories (Except Satellite)''; http://www.census.gov/naics/2007/def/ND517210.HTM#N517210.
    \48\ U.S. Census Bureau, 2002 NAICS Definitions, ``517211 
Paging''; http://www.census.gov/epcd/naics02/def/NDEF517.HTM; U.S. 
Census Bureau, 2002 NAICS Definitions, ``517212 Cellular and Other 
Wireless Telecommunications''; http://www.census.gov/epcd/naics02/def/NDEF517.HTM.
    \49\ 13 CFR 121.201, NAICS code 517210 (2007 NAICS). The now-
superseded, pre-2007 CFR citations were 13 CFR 121.201, NAICS codes 
517211 and 517212 (referring to the 2002 NAICS).
    \50\ U.S. Census Bureau, 2002 Economic Census, Subject Series: 
Information, ``Establishment and Firm Size (Including Legal Form of 
Organization),'' Table 5, NAICS code 517211 (issued Nov. 2005).
    \51\ Id. The census data do not provide a more precise estimate 
of the number of firms that have employment of 1,500 or fewer 
employees; the largest category provided is for firms with ``1000 
employees or more.''
    \52\ U.S. Census Bureau, 2002 Economic Census, Subject Series: 
Information, ``Establishment and Firm Size (Including Legal Form of 
Organization),'' Table 5, NAICS code 517212 (issued Nov. 2005).
    \53\ Id. The census data do not provide a more precise estimate 
of the number of firms that have employment of 1,500 or fewer 
employees; the largest category provided is for firms with ``1000 
employees or more.''
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D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    30. The Commission adopted changes to the parts 74 and 78 rules 
governing coordination between NGSO FSS and other terrestrial services. 
Generally our ``notice and response'' and ad hoc coordination rules 
will govern the use of shared frequencies between FSS and BAS/CARS 
terrestrial services in the 7 and 13 GHz bands.\54\ As noted in the 
section titled ``Need for, and Objectives of, the Proposed Rules,'' 
supra, in the 7 and 13 GHz bands, we are applying existing parts 25 and 
101 ``notice and response'' coordination rules for coordination of new 
FSS earth stations with mobile BAS/CARS operations; allowing either 
existing part 74, and 78 ad hoc coordination rules or part 101 ``notice 
and response'' coordination rules for coordination of new BAS/CARS 
mobile operations with FSS earth stations; and applying existing parts 
25 and 101 ``notice and response'' coordination rules for coordination 
of new FSS earth stations and new fixed BAS/CARS operations.\55\
---------------------------------------------------------------------------

    \54\ See NPRM paras. 11-14, supra. See list of obligations at 
Notice para. 9, supra.
    \55\ See NPRM paras. 22, 34.
---------------------------------------------------------------------------

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

    31. The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
reaching its proposed approach, which may include the following four 
alternatives (among others): ``(1) The establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small

[[Page 17061]]

entities; (2) the clarification, consolidation, or simplification of 
compliance and reporting requirements under the rule for such 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 
such small entities.'' \56\
---------------------------------------------------------------------------

    \56\ 5 U.S.C. 603(c)(1)-(c)(4).
---------------------------------------------------------------------------

    32. The Commission adopted its proposals to provide adequate 
spectrum sharing criteria to minimize the potential for interference of 
these new NGSO FSS operations on incumbent operations, many of which 
qualify as small entities. Our coordination rules will ensure that BAS, 
CARS, and NGSO FSS services can operate sharing these bands without 
impacting other services' operations. We also note that, in the 
Discussion Section of the NPRM, the Commission requested comment from 
small businesses and other small entities concerning the alternatives 
proposed for our coordination rules.\57\ The Commission also requested 
comment on our conclusions and any alternatives to our proposals that 
could minimize the impact of this action on small entities.
---------------------------------------------------------------------------

    \57\ See NPRM para. 28, supra.
---------------------------------------------------------------------------

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

    33. None.
    Report to Congress: The Commission will send a copy of this Report 
and Order, including this FRFA in a report to be sent to Congress 
pursuant to the Congressional Review Act.\58\ 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.
---------------------------------------------------------------------------

    \58\ See 5 U.S.C. 801(a)(1)(A).
---------------------------------------------------------------------------

Ordering Clauses

    34. Pursuant to sections 4(i), 303(c), 303(f), and 303(r) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(c), 
303(f), and 303(r), the Report and Order is adopted and that parts 74 
and 78 of the Commission's rules are amended as specified in Appendix 
C, effective 30 days after publication in the Federal Register.
    35. The Commission's Consumer Information 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.
    36. It is further ordered that ET Docket No. 03-254 is terminated.

List of Subjects

47 CFR Part 74

    Communications equipment, Reporting and recordkeeping requirements, 
and Television.

47 CFR Part 78

    Cable television, Communications equipment, and Reporting and 
recordkeeping requirements.

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 74 and 78 as follows:

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTION SERVICES

0
1. The authority citation for part 74 continues to read as follows:

    Authority:  47 U.S.C. 154, 303,307, 336(f), 336(h) and 554.



0
2. Section 74.638 is amended by revising paragraph (a), paragraph (b), 
the introductory text of paragraph (c), and paragraph (d) to read as 
follows:


Sec.  74.638   Frequency coordination.

    (a) Coordination of all frequency assignments for fixed stations in 
all bands above 2110 MHz, and for mobile (temporary fixed) stations in 
the bands 6425-6525 MHz and 17.7-19.7 GHz, will be in accordance with 
the procedure established in paragraph (b) of this section, except that 
the prior coordination process for mobile (temporary fixed) assignments 
may be completed orally and the period allowed for response to a 
coordination notification may be less than 30 days if the parties 
agree. Coordination of all frequency assignments for all mobile 
(temporary fixed) stations in all bands above 2110 MHz, except the 
bands 6425-6525 MHz and 17.7-19.7 GHz, will be conducted in accordance 
with the procedure established in paragraph (b) of this section or with 
the procedure in paragraph (d) of this section. Coordination of all 
frequency assignments for all fixed stations in the band 1990-2110 MHz 
will be in accordance with the procedure established in paragraph (c) 
of this section. Coordination of all frequency assignments for all 
mobile (temporary fixed) stations in the band 1990-2110 MHz will be 
conducted in accordance with the procedure in paragraph (d) of this 
section.
    (b) For each frequency coordinated under this paragraph, the 
interference protection criteria in 47 CFR 101.105(a), (b), and (c) and 
the frequency usage coordination procedures in 47 CFR 101.103(d) will 
apply.
    (c) For each frequency coordinated under this paragraph, the 
following frequency usage coordination procedures will apply:
* * * * *
    (d) For each frequency coordinated under this paragraph, applicants 
are responsible for selecting the frequency assignments that are least 
likely to result in mutual interference with other licensees in the 
same area. Applicants may consult local frequency coordination 
committees, where they exist, for information on frequencies available 
in the area. In selecting frequencies, consideration should be given to 
the relative location of receive points, normal transmission paths, and 
the nature of the contemplated operation.

PART 78--CABLE TELEVISION RELAY SERVICE

0
3. The authority citation for part 78 continues to read as follows:

    Authority:  Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as 
amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47 U.S.C. 
152, 153, 154, 301, 303, 307, 308, 309.



0
4. Section 78.36 is amended by revising paragraph (a), the introductory 
text of paragraph (b), paragraph (b)(1), the introductory text of 
paragraph (c), and paragraph (d) to read as follows:


Sec.  78.36  Frequency coordination.

    (a) Coordination of all frequency assignments for fixed stations in 
all bands above 2110 MHz, and for mobile (temporary fixed) stations in 
the bands 6425-6525 MHz and 17.7-19.7 GHz, will be in accordance with 
the procedure established in paragraph (b) of this section, except that 
the prior coordination process for mobile (temporary fixed) assignments 
may be completed orally and the period allowed for response to a 
coordination notification may be less than 30 days if the parties 
agree. Coordination of all frequency assignments for all mobile 
(temporary fixed) stations in all bands above 2110 MHz, except the 
bands 6425-6525 MHz and 17.7-19.7 GHz, will be conducted in accordance 
with the procedure established in paragraph (b) of this section or with 
the procedure in paragraph (d) of this section. Coordination of all 
frequency

[[Page 17062]]

assignments for all fixed stations in the band 1990-2110 MHz will be in 
accordance with the procedure established in paragraph (c) of this 
section. Coordination of all frequency assignments for all mobile 
(temporary fixed) stations in the band 1990-2110 MHz will be conducted 
in accordance with the procedure in paragraph (d) of this section.
    (b) For each frequency coordinated under this part, the 
interference protection criteria in 47 CFR 101.105(a), (b), and (c) and 
the following frequency usage coordination procedures will apply:
    (1) General requirements. Proposed frequency usage must be prior 
coordinated with existing licensees, permittees, and applicants in the 
area, and other applicants with previously filed applications, whose 
facilities could affect or be affected by the new proposal in terms of 
frequency interference on active channels, applied-for channels, or 
channels coordinated for future growth. Coordination must be completed 
prior to filing an application for regular authorization, or a major 
amendment to a pending application, or any major modification to a 
license. In coordinating frequency usage with stations in the fixed 
satellite service, applicants must also comply with the requirements of 
47 CFR 101.21(f). In engineering a system or modification thereto, the 
applicant must, by appropriate studies and analyses, select sites, 
transmitters, antennas and frequencies that will avoid interference in 
excess of permissible levels to other users. All applicants and 
licensees must cooperate fully and make reasonable efforts to resolve 
technical problems and conflicts that may inhibit the most effective 
and efficient use of the radio spectrum; however, the party being 
coordinated with is not obligated to suggest changes or re-engineer a 
proposal in cases involving conflicts. Applicants should make every 
reasonable effort to avoid blocking the growth of systems as prior 
coordinated. The applicant must identify in the application all 
entities with which the technical proposal was coordinated. In the 
event that technical problems are not resolved, an explanation must be 
submitted with the application. Where technical problems are resolved 
by an agreement or operating arrangement between the parties that would 
require special procedures be taken to reduce the likelihood of 
interference in excess of permissible levels (such as the use of 
artificial site shielding) or would result in a reduction of quality or 
capacity of either system, the details thereof may be contained in the 
application.
* * * * *
    (c) For each frequency coordinated under this part, the following 
frequency usage coordination procedures will apply:
* * * * *
    (d) For each frequency coordinated under this part, applicants are 
responsible for selecting the frequency assignments that are least 
likely to result in mutual interference with other licensees in the 
same area. Applicants may consult local frequency coordination 
committees, where they exist, for information on frequencies available 
in the area. In selecting frequencies, consideration should be given to 
the relative location of receive points, normal transmission paths, and 
the nature of the contemplated operation.

[FR Doc. 2010-7567 Filed 4-2-10; 8:45 am]
BILLING CODE 6712-01-P