[Federal Register Volume 76, Number 157 (Monday, August 15, 2011)]
[Rules and Regulations]
[Pages 50425-50433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20593]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 06-123; FCC 11-93]


Service Rules and Policies for the Broadcasting Satellite Service 
(BSS)

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission adopts 
rules to mitigate space path interference between the 17/24 GHz 
Broadcasting-Satellite Service (BSS) space-to-Earth transmissions and 
the feeder link receiving antennas of Direct Broadcast Satellite 
Service (DBS) space stations that operate in the same frequency band. 
We adopt an off-axis power flux density (pfd) coordination trigger for 
17/24 GHz BSS space stations. We also require a minimum orbital 
separation of 0.2 degrees between 17/24 GHz BSS space stations and DBS 
space stations. We place bounds on orbital eccentricity and inclination 
of 17/24 GHz BSS space stations and condition the protection of DBS 
networks to certain assumed limits on eccentricity and inclination. By 
these actions, we facilitate the introduction of the 17/24 GHz BSS and 
anticipate that it will provide new and innovative services, including 
video, audio, data, and video-on-demand, to consumers in the United 
States and promote increased competition among satellite and 
terrestrial services.
    We revised our informational requirements to require 17/24 GHz BSS 
space station applicants to file pfd calculations (and if the pfd 
coordination trigger is exceeded, to file coordination information), 
and to file predicted and measured transmitting antenna off-axis gain 
information. We also require both 17/24 GHz BSS applicants and DBS 
applicants to file maximum orbital eccentricity information with their 
application. Finally, we adopt procedures to enable pending applicants 
and existing authorization holders to file relevant information related 
to these rules.

DATES: Effective September 14, 2011, except Sec. Sec.  
25.114(d)(15)(iv), 25.114(d)(18), 25.264(a), (b), (c), (d) and (f), of 
the Commission's rules. These requirements contained herein are subject 
to the Paperwork Reduction Act (PRA) and have not been approved by the 
Office of Management and Budget (OMB). The Commission will publish a 
document in the Federal Register announcing the effective date of these 
requirements.

FOR FURTHER INFORMATION CONTACT: Lynne Montgomery, Satellite Division, 
International Bureau, at 202-418-2229 or via e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Second Order on 
Reconsideration in IB Docket No. 06-123, FCC 11-93, adopted June 8, 
2011 and released June 14, 2011. The full text of the Second Order on 
Reconsideration is available for public inspection and copying during 
regular business hours at the FCC Reference Information Center, Portals 
II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. This 
document may also be purchased from the Commission's duplicating 
contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, 
SW., Room CY-B402, Washington, DC 20554, telephone 202-488-5300, 
facsimile 202-488-5563, or via e-mail [email protected]. When ordering 
documents from BCPI please provide the appropriate FCC document number 
(for example, FCC 07-174, Order on Reconsideration). The full text may 
also be downloaded at: http://www.fcc.gov. Alternative formats are 
available to person with disabilities by sending an e-mail to 
[email protected] or call the Consider & Governmental Affairs Bureau at 
202-418-0530 (voice), or 202-418-0432 (tty).

Synopsis

    1. We adopt an off-axis power flux density (pfd) coordination 
trigger for 17/24 GHz BSS space stations, require a minimum orbital 
separation of 0.2[deg] between 17/24 GHz BSS space stations and DBS 
space stations, and place bounds on orbital inclination and 
eccentricity of 17/24 GHz BSS space stations. We also revise our 
informational requirements to require 17/24 GHz BSS space station 
applicants to file predicted and measured transmitting antenna off-axis 
gain information. Finally, we adopt procedures to enable pending 
applicants and existing authorization holders to

[[Page 50426]]

file relevant information related to these rules. By these actions, we 
facilitate the introduction of the 17/24 GHz BSS and anticipate that it 
will provide new and innovative services, including video, audio, data, 
and video-on-demand, to consumers in the United States and promote 
increased competition among satellite and terrestrial services.
    2. Off-Axis Power Flux Density Coordination Trigger. We adopt an 
off-axis pfd trigger level of -117 dBW/m\2\/100 kHz at the receiving 
antenna of any licensed U.S. DBS space station, any foreign DBS space 
station authorized to provide service in the United States, and any DBS 
space station proposed in a previously filed application for a U.S. 
license or U.S. market access. We also recognize that, at some orbital 
locations, a particular DBS or 17/24 GHz BSS network may not be 
authorized to operate throughout the entire 17.3-17.8 GHz band. Thus, 
we make clear that this coordination requirement applies only in the 
case of co-frequency operations between the DBS network and the 17/24 
GHz BSS network. We will require each 17/24 GHz BSS applicant to 
identify all relevant DBS networks for which the off-axis pfd 
coordination trigger is exceeded. The off-axis pfd level should be 
determined for all transmitting beams in the 17.3-17.8 GHz band, over 
both polarizations, and at a minimum must take into account three key 
factors: (1) The power level delivered into the 17 GHz transmitting 
antenna; (2) the off-axis gain of the 17 GHz transmitting antenna in 
the direction of the DBS space station; and (3) the particular 
geometric configuration between the 17/24 GHz BSS and DBS space 
stations.
    3. No Separate Trigger for DBS Telecommand Transmissions. The pfd 
coordination trigger value that we are adopting here, in combination 
with the narrower measurement bandwidth of 100 kHz, provide sufficient 
protection to DBS telecommand links. The associated information 
showings and the requirement to coordinate in cases where the pfd of 
the 17/24 GHz BSS downlink signal at the adjacent DBS space station is 
in excess of the coordination trigger level will afford the DBS 
operator sufficient opportunity for detailed examination of the effect 
of the 17/24 GHz BSS downlink transmissions on its telecommand links, 
and a mechanism to remedy the situation if it is deemed necessary. 
Accordingly, we do not adopt a technical showing specific to DBS 
telecommand links but instead rely upon the off-axis pfd coordination 
trigger adopted above.
    4. Required Angular Ranges for Antenna Off-Axis Gain Data. Small 
variations in satellite orbital eccentricity and inclination can 
produce significant variation in the geometry occurring between two 
adjacent spacecraft, particularly as the separation between those 
spacecraft decreases. Inter-spacecraft geometry is generally more 
sensitive to variations in orbital inclination than to variations in 
eccentricity, when typical values for these parameters are taken into 
account.
    5. A review of the orbital parameters of operating DBS space 
stations reveals that the largest orbital apogee-perigee variation is 
26.3 km. Thus, the measurement range of  30[deg] from the X 
axis in the X-Z plane proposed by DIRECTV should be sufficient to 
address cases where the 17/24 GHz BSS space station is operating with a 
non-biased configuration (i.e., lying in the X-Z plane and pointed 
toward the Earth along the Z axis) and is separated in longitude from 
an adjacent DBS spacecraft by as little as 0.1[deg].
    6. Similarly, a review of DBS orbital parameters indicates that 
most currently operating DBS satellites are stationkept in the north/
south direction to within 0.075[deg] of the equatorial plane. A similar 
north-south stationkeeping tolerance for a nearby 17/24 GHz BSS space 
station will yield a worst-case total inclination separation of 
0.15[deg] between the two space stations. If we were to adopt a 20[deg] range for measurements in planes rotated about the Z 
axis, as proposed by DIRECTV, the submitted transmitting antenna off-
axis gain data would cover cases in which DBS and 17/24 GHz BSS 
spacecraft could be located as close as 0.45[deg] in longitude along 
the GSO arc. Allowing for a worst-case inclination separation of 
0.15[deg] between the two space stations, a 60[deg] angular 
range of measurements made in planes rotated about the Z axis, as 
proposed by EchoStar, would cover space station longitudinal 
separations as closely spaced as 0.1[deg].
    7. In specifying the angular ranges over which transmitting antenna 
off-axis gain data must be provided, we attempt to strike a balance 
among competing, but inter-related factors. Specifically, we seek to 
provide operators with the flexibility to locate at small orbital 
separations while adopting data submission requirements that are within 
ranges considered to be reasonable by commenters. Simultaneously, we 
seek to provide sufficient flexibility to accommodate typical operating 
variations in orbital inclination and eccentricity. Thus, we believe 
that transmitting antenna off-axis gain measurements made over a range 
of  30[deg] from the X axis in the X-Z plane, and over a 
range of 60[deg] in planes rotated about the Z axis, should 
permit accurate off-axis pfd information to be calculated for 17/24 GHz 
BSS space stations separated in longitude by as little as 0.1[deg] from 
DBS space stations. EchoStar has advocated extending the measurement 
range to include a full 120[deg] in the X-Z plane. We do 
not believe, however, that the rationale offered by EchoStar justifies 
adopting a requirement for such a large quantity of measured data. We 
do, however, concur with EchoStar's assertion that the antenna gain 
data in the X-Z plane should be measured in 5[deg] rather than 10[deg] 
increments in light of the potential gain variation within a 10[deg] 
span. Accordingly, we will require 17/24 GHz BSS applicants to submit 
transmitting antenna off-axis gain information in both polarizations in 
the X-Z plane over an angular range of  30[deg] from the 
positive and the negative X axes, at 5[deg] intervals, and through a 
range of 60[deg] in planes rotated from the X-Z plane about 
the Z axis at 10[deg] intervals.
    8. We note that antenna off-axis gain is a frequency dependent 
parameter, and performance characteristics will not be identical when 
measured at different frequencies within the 17.3-17.8 GHz band. 
Although commenters were in general agreement regarding the need to 
provide transmitting antenna off-axis gain data within the 17.3-17.8 
GHz band, no commenter provided input regarding the granularity of the 
frequency steps at which gain measurements should be made. In order to 
adequately characterize the off-axis gain performance of the 17 GHz 
transmitting antennas, but without unduly burdening the applicant, we 
will require that off-axis antenna gain measurements be made at a 
minimum of three frequencies. These frequencies should be determined 
with respect to the entire portion of the 17.3-17.8 GHz frequency band 
over which the space station is designed to transmit. Accordingly, at a 
minimum, transmitting antenna off-axis gain measurements should be made 
at the following three frequencies: 5 MHz above the lower edge of the 
band; at the band center frequency; and 5 MHz below the upper edge of 
the band.
    9. The transmitting antenna off-axis gain data submission 
requirements discussed above are suitable for a space station that is 
operating with a non-biased orientation. As DIRECTV correctly points 
out, however, a space station eventually may be operated at a location 
different from the one where it was originally designed to operate. As 
a consequence, it may be rotated relative to the reference coordinate 
system in order to achieve the desired service area

[[Page 50427]]

coverage. DIRECTV suggests that the interference analysis for such 
scenarios could be best accomplished if the information requirements we 
adopt take such an eventuality into account, and recommends that 
sufficient data be provided by the applicant to permit evaluation of 
potential interference in such instances. Specifically, DIRECTV 
suggests that applicants should provide sufficient data to allow for 
interference analysis when the satellite is biased up to  
30[deg] in the X-Z plane, and up to  20[deg] in planes 
rotated about the Z axis.
    10. We agree with DIRECTV that satellite bias must be taken into 
account in antenna off-axis performance information. We find, however, 
that the range of bias proposed by DIRECTV is overly large. Rather than 
presume a likely maximum bias and encumber all 17/24 GHz BSS applicants 
with information submission requirements intended to address this 
possible situation, we believe that a more reasonable approach is to 
require the applicant to take into account any anticipated satellite 
bias. Thus, we will require that 17/24 GHz BSS applicants submit 
transmitting antenna off-axis performance information to cover the 
specified angular measurement ranges that will account for planned bias 
relative to the reference coordinate system. Therefore, depending upon 
the direction and magnitude of the planned bias, the applicant must 
determine whether measurements must be taken over a greater angular 
range--when compared with the angular range over which measurement is 
required for a space station operating with zero bias--to accommodate 
any change of operating orientation. The applicant must submit its 
antenna performance measurements over this expanded angular range, and 
must explain its rationale for doing so, and indicate the planned 
spacecraft orientation bias in its application.
    11. In addition, a 17/24 GHz BSS operator seeking to relocate a 
space station must include in its relocation application a discussion 
of any planned spacecraft orientation bias and, if necessary, submit 
additional transmitting antenna off-axis gain information to take into 
account such biased orientation. We note that if an operator is unable 
to provide this additional data, the Commission may be prevented from 
taking a favorable action on the operator's proposed modification. 
Thus, we caution 17/24 GHz BSS applicants that it is their 
responsibility to anticipate the possibility of future changes in 
operating orientation. Thus, while initial antenna performance 
information may be required over a particular angular range, applicants 
might consider measuring the antenna performance over a larger range, 
so that the antenna off-axis performance information will be available 
in the event the operator seeks a change in operating orientation at 
some point in the future.
    12. Minimum Orbital Separation Requirement of 0.2[deg] Adopted. 
Small variations in satellite orbital eccentricity and inclination can 
produce significant variation in the geometry occurring between two 
adjacent spacecraft, particularly as the separation between those 
spacecraft decreases. The off-axis pfd coordination trigger and 
consequent transmitting antenna off-axis performance submission 
requirements are based on analyses that sought to accommodate typical 
operating variations in orbital inclination and eccentricity, while 
simultaneously permitting close orbital separation, and while 
maintaining information measurement requirements within ranges asserted 
to be reasonable by the commenters. Our analysis determined that these 
conditions could best be met with a minimum longitudinal separation of 
0.1[deg] between the DBS and 17/24 GHz BSS spacecraft. In the event of 
smaller longitudinal separations, critical assumptions regarding the 
value chosen for the coordination trigger and the ranges of 
transmitting antenna off-axis gain information would no longer be 
valid. Accordingly, to maintain a longitudinal separation of 0.1[deg] 
between DBS and 17/24 GHz BSS space stations at all times, and taking 
into account the east/west stationkeeping tolerance of 0.05[deg], we 
will require a minimum orbital separation of 0.2[deg] between the 
assigned locations of 17/24 GHz BSS and DBS space stations, absent an 
explicit agreement between the two licensees to permit closer 
operations.
    13. Bounds on Orbital Inclination and Eccentricity. The range of 
transmitting antenna off-axis gain measurement defined above assumes 
that the orbits of the DBS and 17/24 GHz BSS space stations do not 
exceed certain worst-case values of orbital eccentricity or orbital 
inclination. To ensure that the geometric assumptions underlying our 
antenna off-axis angular measurement requirements are valid, some bound 
must be placed on the orbital eccentricity and orbital inclination of 
both 17/24 GHz BSS and DBS space stations. Of these two parameters, the 
geometry between the two spacecraft is most affected by variations in 
orbital inclination. The Commission's rules do not explicitly specify a 
stationkeeping limit in the north/south direction. Rather, our rules 
permit satellite operators to cease north/south stationkeeping 
maneuvers for the satellite as long as such operations do not increase 
interference. Specifically, our rules require that while a satellite is 
in inclined orbit, operators must maintain the interference levels 
experienced by adjacent satellites at levels that do not exceed those 
that would be caused by the satellite operating without an orbital 
inclination. At present, our rules also preclude licensees operating in 
inclined orbit from claiming protection from interference in excess of 
that which they would receive in the absence of inclined operations.
    14. We anticipate that most DBS and 17/24 GHz BSS satellites will 
typically operate with orbits that are not highly inclined, in large 
part to avoid the need for satellite-tracking earth stations. In the 
reverse-band sharing environment, however, where space path 
interference occurring between two networks can be significantly 
influenced by relatively small variations in orbital inclination, we 
believe that more specificity regarding angular inclination is 
required. To ensure that the 17/24 GHz BSS space station remains within 
the range of locations relative to the DBS space station that is 
assumed by our angular measurement requirements, a maximum permissible 
orbital inclination must be established. Accordingly, we will require 
that operating 17/24 GHz BSS space stations be maintained in orbits 
that do not exceed 0.075[deg] of inclination. Similarly, we will 
protect DBS networks from space path interference from nearby 17/24 GHz 
BSS networks only to the extent that the DBS space station is 
maintained in an orbit with an inclination less than 0.075[deg].
    15. The 30[deg] angular off-axis gain information in the X-Z plane 
assumes that at a longitudinal separation of 0.1[deg] there will be no 
more than 40 km difference in the apogee and perigee values of the two 
adjacent spacecraft. Presuming that this difference can be equally 
distributed between the DBS and 17/24 GHz BSS space stations, we will 
require that 17/24 GHz BSS space stations be maintained in orbits whose 
orbital altitude does not exceed 35,806 km or fall below 35,766 km 
above the Earth's surface when transmitting 17/24 GHz BSS service-link 
signals. Similarly, we will protect DBS networks operating in the 
geostationary orbit from space path interference from nearby 17/24 GHz 
BSS networks only to the extent that the DBS space station orbit is 
maintained within these same maximum and minimum altitude

[[Page 50428]]

values. While our rules permit DBS operators to operate in orbits with 
higher inclination or eccentricity values, it is the responsibility of 
the DBS operator exceeding these inclination or eccentricity values to 
assess the potential for interference from nearby 17/24 GHz BSS 
systems, and to accept any such additional interference arising as a 
result of its inclined or eccentric operations. To best facilitate the 
calculation of potential off-axis interference between 17/24 GHz BSS 
and DBS space stations, in addition to the east/west and north/south 
stationkeeping information already required, we will require applicants 
in both services to provide predicted maximum orbital eccentricity 
values with their applications. We adopt these limits on orbital 
eccentricity and orbital inclination as a logical outgrowth to the off-
axis pfd coordination trigger and the transmitting antenna off-axis 
gain information requirements adopted in this order.
    16. Two-Part Submission Process for Antenna Off-Axis Gain Data. All 
17/24 GHz BSS applicants are required to provide transmitting antenna 
off-axis gain information. In cases where the 17/24 GHz BSS operator 
seeks to operate near an established DBS satellite, the transmitting 
antenna off-axis gain information for the 17 GHz transmitting antenna 
needs to be available to determine whether the 17/24 GHz BSS network 
will cause harmful interference into the existing DBS system. It also 
must be available for the benefit of DBS operators who may eventually 
seek to launch replacement satellites at that same location. Absent 
additional information, we cannot determine how far apart two space 
stations must be in order to conclude that interference will not occur.
    17. In addition, it is possible that future new entrants may seek 
to operate at locations that are not designated in the Region 2 BSS and 
Feeder Link Plans, but that are in the vicinity of established 17/24 
GHz BSS space stations. Thus, we believe that the off-axis gain 
information of the transmitting 17 GHz band antennas should be publicly 
available at all locations so that such future DBS operators can make 
the appropriate system design decisions necessary to avoid receiving 
harmful interference from an established 17/24 GHz BSS space station. 
The time between filing an application and launch of the space station 
can span several years, during which time applicants seeking to operate 
at locations other than established U.S. DBS cluster locations would 
have no access to any type of 17/24 GHz BSS antenna performance 
information upon which to base their choice of orbital location and 
other system design decisions. Moreover, although at present we have 
little empirical experience with predicting the off-axis gain 
performance characteristics of 17/24 GHz BSS space station transmitting 
antennas in the 17.3-17.8 GHz band, it is our expectation that as 
familiarity with such systems and the associated analysis increases, we 
may place more confidence in the predicted characteristics. 
Accordingly, it is conceivable that in the future, operators may come 
to rely with increased certainty upon the results of predicted 
information, thereby lessening the need to wait for measured data as 
confirmation.
    18. We believe that the general two-part approach best addresses 
the need to make some degree of information publicly available at the 
time of application, while simultaneously recognizing that the most 
accurate antenna characterization will not be available until space 
station construction is nearly complete. We also agree that measured 
antenna data should be submitted no later than 9 months prior to 
launch. We believe that requiring measured data no later than 9 months 
prior to launch best balances the interests of all parties, by 
providing the Commission and potentially affected DBS operators 
sufficient time to review the information and to carry out any 
necessary coordination, while maximizing the time in which space 
station operator's have to design, construct and test the antennas. We 
recognize, however, that requiring licensees to submit measured data no 
later than 9 months prior to launch can create a situation in which the 
interference environment in the vicinity of the 17/24 GHz BSS space 
station will not be well characterized until the antenna is built and 
operational--which could be several years after the predicted data is 
submitted. This level of uncertainty is not acceptable for subsequent 
DBS applicants seeking to locate nearby, and is particularly 
problematic when the 17/24 GHz BSS station locates near or within an 
existing DBS cluster. Accordingly, we seek an approach that will best 
balance the needs of both services by providing a reasonable degree of 
certainty to the DBS operator with regard to interference levels, while 
simultaneously permitting the 17/24 GHz BSS operator the flexibility to 
design and build its antenna.
    19. To achieve these goals, we adopt the following approach. We 
will require all 17/24 GHz BSS applicants to submit with their 
applications predicted transmitting antenna off-axis gain information 
over the angular ranges described above. Applicants must provide pfd 
calculations that, on the basis of this predicted antenna gain data, 
(1) identify all prior-filed DBS networks at whose location that the 
applicant's pfd level exceeds the coordination trigger of -117 dBW/
m\2\/100 kHz; and (2) demonstrate to what extent the coordination 
trigger value is exceeded. If the applicant exceeds the coordination 
trigger at any prior-filed DBS location, the applicant must also 
provide certification that all affected DBS operators acknowledge and 
do not object to the applicant's higher off-axis pfd levels. Although 
we will not require 17/24 GHz BSS applicants to submit the details of 
the analytical model used to generate the predicted antenna performance 
data, applicants should be prepared to provide this information upon 
our request.
    20. Further, at least 9 months prior to launch, we will require the 
17/24 GHz BSS licensee to confirm the predicted data by submitting 
measured off-axis antenna gain information over the same angular ranges 
described above. Because the presence of the spacecraft body can 
significantly affect the off-axis antenna gain pattern, to the extent 
practical these measurements should be made under conditions as close 
to flight configuration as possible. This could be done with the 
antenna mounted on the spacecraft or may include the use of simulated 
spacecraft components. In addition, we require the licensee to: (1) 
Demonstrate that the pfd level at any prior-filed DBS space station 
does not exceed the coordination trigger of -117 dBW/m\2\/100 kHz; or 
(2) demonstrate to what extent the coordination trigger is exceeded at 
any DBS space station location. Where the pfd coordination trigger is 
exceeded, the licensee must provide a certification that all affected 
DBS operators acknowledge and do not object to the applicant's higher 
off-axis pfd levels.
    21. We recognize that there is likely to be a number of years 
between the filing of the initial application containing the predicted 
off-axis antenna gain information and the filing of the measured data 
based upon testing of the actual antenna. This could lead to the 
situation in which a DBS applicant files an application after the 17/24 
GHz BSS operator submits predicted data for its antenna, but before the 
17/24 GHz BSS licensee submits the measured data. In such a case, the 
DBS applicant could choose an orbital location and system parameters 
for its DBS system that are optimized for an environment

[[Page 50429]]

defined by the 17/24 GHz BSS antenna's predicted parameters, but not 
for its actual measured parameters. To provide some protection for DBS 
systems in these circumstances, we will also require that the 17/24 GHz 
BSS licensee provide its measured data and accompanying pfd 
calculations not only with respect to DBS satellites that were filed 
prior to the time it submitted its original application, but also with 
respect to any subsequently-filed DBS networks.
    22. In the event that the pfd level at any prior-filed or 
subsequently-filed DBS space station determined from the measured off-
axis antenna gain information exceeds that determined from the earlier 
predicted data, the 17/24 GHz BSS licensee must modify its license (or 
amend its application, as appropriate) based upon this new information. 
Further, if the pfd level exceeds the coordination trigger value of -
117 dBW/m\2\/100 kHz at the antenna of any prior-filed DBS space 
station, the 17/24 GHz BSS licensee must either modify its operations 
or coordinate its operations with each affected prior-filed DBS 
licensee or applicant. In the event that coordination is not achieved 
with the prior-filed DBS space station operators, the 17/24 GHz BSS pfd 
levels must be reduced to conform to the coordination trigger value of 
-117 dBW/m\2\/100 kHz at the DBS location. In the case of subsequently-
filed DBS space stations, the 17/24 GHz BSS applicant/licensee must 
coordinate or modify its operations only if the pfd levels at the 
location of the subsequently-filed DBS space station calculated from 
the measured data, exceed both the trigger level of -117 dBW/m\2\/100 
kHz, and the pfd levels that can be calculated on the basis of the 
predicted off-axis antenna gain data. In such instances, the 17/24 GHz 
BSS operator must either modify its operations to conform to: (1) The -
117 dBW/m\2\/100 kHz coordination trigger level, or (2) the off-axis 
pfd level at the victim DBS space station that can be calculated on the 
basis of the predicted off-axis antenna gain data that were on file 
with the Commission at the time the DBS application was filed, 
whichever is greater.
    23. Where measured pfd levels exceed those predicted, and the 17/24 
GHz BSS licensee is required to coordinate its operations under the 
above mentioned circumstances, the 17/24 GHz BSS licensee must provide 
certification that all affected DBS licensees acknowledge and do not 
object to the higher off-axis pfd levels. If the 17/24 GHz BSS licensee 
cannot coordinate (or does not wish to coordinate) its operations with 
affected DBS systems, it must instead adjust its operating parameters 
(e.g., power levels, orbital location) so that the required pfd level 
is not exceeded. We wish to make clear to 17/24 GHz BSS applicants and 
operators that they assume the risk that any required adjustments may 
affect the 17/24 GHz BSS system's technical and economic viability.
    24. Procedures in the Event of Harmful Interference. Our experience 
with reverse band operations--and particularly with reverse-band 
operations involving close-proximity space stations--is extremely 
limited. Further, as commenters have indicated, the off-axis receiving 
antenna performance characteristics of currently operating DBS 
satellites may not be documented. As both EchoStar and DIRECTV remind 
the Commission, there are millions of American consumers who depend 
upon DBS transmissions. The Commission's Part 25 rules currently 
include several requirements that address harmful interference events. 
Thus, while we do not adopt a service-specific rule regarding cessation 
of emissions, we remind operators that our existing rules apply to 17/
24 GHz BSS.
    25. Further, while we do not adopt service-specific rules regarding 
the cessation of emissions, our licensing process provides an 
opportunity to address this issue. While it is our intention that 
bounding the antenna off-axis pfd levels will ultimately provide the 
best mechanism for mitigating space path interference, its efficacy 
depends upon sufficient knowledge of the coordination situation between 
both space stations. Until such information can be better established 
for DBS receiving antennas, we believe that affording DBS operators the 
opportunity to raise concerns during the licensing process provides the 
best temporary remedy. Specifically, we believe that DBS operators are 
uniquely positioned to provide useful data regarding what level of 
interference would be sufficiently detrimental to their operations 
taking into account the distinct circumstances present at the orbital 
location and to provide this information to the Commission. Thus, we 
remain open to the possibility of placing additional operating 
constraints on a 17/24 GHz BSS space station seeking to operate in 
close proximity (i.e., within 0.4[deg]) to a U.S.-authorized DBS space 
station that was placed into service at its current location prior to 
the release date of this Order. The 0.4[deg] distance is a useful 
threshold within which we would remain open to additional licensing 
conditions and is based upon the comments and analysis in the ITU 
document provided by DIRECTV who, in discussing an orbital separation 
approach to space path interference mitigation, encourages the 
Commission to adopt a conservative orbital separation of 0.4[deg]. Any 
such additional licensing conditions would be determined on a case-by-
case basis, and would address the conditions under which the 17/24 GHz 
BSS operator would be required to modify or terminate its 
transmissions. DBS operators bear the burden of timely requesting and 
fully justifying any such additional conditions or requirements through 
the public notice and comment process.
    26. Where the Bureau has determined that a DBS operator has timely 
requested and fully justified inclusion of additional conditions on the 
grant of a 17/24 GHz BSS application, the Bureau should narrowly tailor 
the relief granted. Specifically, the conditions placed on the 17/24 
GHz BSS operations should be limited to protecting U.S.-authorized DBS 
space stations (or non-U.S. authorized DBS space station granted market 
access to the United States) that were placed into service at their 
assigned location prior to the release date of this Order, and that are 
separated by 0.4[deg] or less from the 17/24 GHz BSS space station. In 
these cases, the condition placed on the 17/24 GHz BSS operator would 
terminate if the DBS space station is relocated to a new orbital 
location regardless of whether that new location is within 0.4[deg] of 
a current or planned 17/24 GHz BSS space station. The condition would 
also terminate at the end of the license term for the DBS space station 
at issue. We believe that in the short-term, when used as a temporary 
measure in combination with our other rules, this approach will provide 
the most effective means of balancing the competing needs of both 
services.
    27. At present, U.S.-licensed DBS space stations and non-U.S. 
licensed DBS space stations granted market access to the United States 
are operating at only a small number of orbital locations. We have 
authorized 17/24 GHz BSS space stations to operate within 0.4[deg] of a 
DBS space station at only one of these locations (i.e., 110[deg] W.L.), 
and one pending application seeks authority to operate within 0.4[deg] 
of a DBS space station. For this reason, we believe that instances of 
unforeseen harmful interference will be exceedingly rare. Moreover, 
complete cessation of emissions is an extreme remedy. For the rare 
interference event, it will likely be sufficient for the 17/24 GHz BSS 
operator to correct the problem with

[[Page 50430]]

more moderate measures such as reducing its transmitted power levels or 
redistributing its transponder loading. As required by our existing 
rules, 17/24 GHz BSS operators are required to coordinate their 
operations carefully with adjacent DBS systems prior to launch. 
Further, we strongly encourage, but do not mandate, 17/24 GHz BSS 
operators to undertake cooperative on-station testing prior to 
commencing full operations, so that any potential interference problems 
between the 17/24 GHz BSS and DBS systems can be identified and 
mitigated at an early stage.
    28. Procedures for Pending Applications and Current Authorizations. 
In this Second Report and Order, we amend our rules to require that all 
17/24 GHz BSS applicants submit with their applications predicted 
transmitting off-axis antenna gain information over the angular range 
described above. In this section, we address how existing licensees and 
applicants can file new data to conform their licenses and pending 
applications to these new rules. To implement our decision here, we 
direct the Bureau to release a Public Notice after publication of the 
rules in the Federal Register, inviting applicants to amend their 
pending applications consistent with the rules we adopt today. Any 
application that is not amended by the date specified by the Bureau 
will be dismissed as defective. The Bureau will review the amended 
applications to determine whether they are substantially complete and 
acceptable for filing. The Bureau will return to the applicant as 
defective any amended applications that are not substantially complete.
    29. We recognize that the authorizations issued under these 
technical rules may not be exactly what the applicants expected. This, 
by itself, is not a barrier to the adoption of these rules or the 
requirement that applicants amend their applications to come into 
compliance with the new rules. The Commission has the authority to 
apply new procedures to pending applications if doing so does not 
impair the rights an applicant possessed when it filed its application, 
increase an applicant's liability for past conduct, or impose new 
duties on applicants with respect to ``transactions already 
completed.'' Applicants do not gain any vested right merely by filing 
an application. Filing an application cannot be considered a 
``transaction already completed'' for purposes of this analysis.
    30. Similarly, the Public Notice will also require current 
authorization holders to file a modification application that 
demonstrates compliance with the rules we adopt here today, and to 
supplement the file with all required information. The Bureau will 
review the modification applications to determine whether they are 
substantially complete and acceptable for filing. The Bureau will 
return to the applicant as defective any modification applications that 
are not substantially complete.
    31. The Commission may adopt rules that modify any station license 
of general applicability that affect a class of licensees, ``if in its 
judgment such action will promote the public interest, convenience and 
necessity'' and the modification may be accomplished through notice and 
comment rulemaking. The purpose of the Commission's actions here is to 
establish revised technical rules that will foster the provision of new 
services without causing harmful interference to a co-primary service--
DBS. Neither DBS nor 17/24 GHz BSS operators possess the right to 
interfere with co-primary operations. We are not altering the past 
legal consequences of past actions of 17/24 GHz BSS authorization 
holders. Rather, the scheme we are adopting in this order is a means of 
bringing current authorization holders and pending applicants into 
compliance with general operational requirements. Moreover, the 17/24 
GHz BSS authorization holders could not have had any reasonable 
expectation that the Commission would refrain from exercising its 
regulatory power to change the operational requirements of a service in 
cases where the public interest is best served by such change. 
Commission action that upsets expectations held by current 
authorization holders based on existing rules is not impermissibly 
retroactive. This is particularly true given the fact that all 17/24 
GHz BSS licensees were aware at the time of grant that they would be 
subject to any additional requirements adopted as a result of this 
proceeding. In fact, all such licenses were granted with a condition on 
the face of the license stating that ``[t]his authorization and all 
conditions contained herein are subject to the outcome of the 
Commission's rulemaking in IB Docket No. 06-123 and any requirements 
subsequently adopted therein.''
    32. We invite both 17/24 GHz BSS applicants and authorization 
holders to file their predicted transmitting antenna off-axis gain data 
at any time prior to the date that the rules adopted today become 
effective. We acknowledge that some parties may be close to possessing 
actual measured data, particularly those who actively participated and 
commented in this proceeding. If any of these entities have measured 
data, they are permitted to immediately file a modification (or 
amendment as appropriate) containing measured data rather than filing 
predicted data. No fee will be required for amendments or modifications 
filed for the sole purpose of amending a pending application or 
modifying a current authorization to comply with the rules adopted here 
today. Amendments that include changes in requested frequencies, 
orbital locations, or any other change not required by the rules 
adopted today, must include the appropriate fee.

Procedural Matters

A. Final Regulatory Flexibility Analysis

    Pursuant to the Regulatory Flexibility Act (``RFA''), the FNPRM 
incorporated an Initial Regulatory Flexibility Analysis (``IRFA''). The 
Commission sought written public comments on the possible significant 
economic impact of the proposed policies and rules on small entities in 
the FNPRM, including comments on the IRFA. No one commented 
specifically on the IRFA. Pursuant to the RFA, Appendix C provides a 
Final Regulatory Flexibility Analysis. It assesses the effects of 
adopting space path interference rules on small business concerns.

B. Final Paperwork Reduction Act of 1995 Analysis

    In the FNPRM, the Commission analyzed the actions we now adopt in 
this Report and Order with respect to the Paperwork Reduction Act of 
1995. The Report and Order modifies the data collection by requiring 
17/24 GHz BSS applicants to provide pfd calculations at the time of 
application and 9 months prior to launch of the space station that 
either: (1) Demonstrate that the pfd level at the location of any 
prior-filed DBS network does not exceed the coordination trigger of -
117 dBW/m2/100 kHz; or (2) demonstrate to what extent the coordination 
trigger is exceeded at the receiver input of any prior-filed DBS 
network. If the coordination trigger is exceeded, the 17/24 GHz BSS 
applicant must also provide certification that all affected DBS 
operators acknowledge and do not object to the applicant's higher off-
axis pfd levels. 17/24 GHz BSS applicants are also required to submit 
transmitting antenna off-axis gain measurements made over a range of 
 30[deg] from the X axis in the X-Z plane and over a range 
of 60[deg] in planes rotated about the Z axis that should 
permit accurate off-axis pfd information to be calculated for DBS and 
17/24 GHz BSS space stations

[[Page 50431]]

separated in longitude by as little as 0.2 degrees. 17/24 GHz BSS and 
DBS Applicants seeking to bias their space station orientation are 
required to file additional information with the Commission in which 
they provide an explanation of the planned orientation bias and the 
necessary increased range of antenna off-axis gain measurements. Both 
17/24 GHz BSS and DBS applicants are required to file the predicted 
maximum orbital eccentricity with their application. This document 
contains new information collection requirements subject to the 
Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. It will be 
submitted to the Office of Management and Budget (OMB) for review under 
section 3507(d) of the PRA. OMB, the general public, and other Federal 
agencies are invited to comment on the new information collection 
requirements contained in this proceeding. In addition, the Commission 
notes that pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought 
specific comment on how the Commission might further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees.

C. Report to Congress

    The Commission will send a copy of this Report & Order to Congress 
and the Government Accountability Office pursuant to the Congressional 
Review Act, see 5 U.S.C. 801(a)(1)(A).

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. 06-123 is adopted.
    It is further ordered that part 25 of the Commission's rules is 
amended as set forth in Appendix B, and such rule amendments shall be 
effective 30 days after the date of publication in the Federal 
Register, except for Sec. Sec.  25.114(d)(15)(iv), 25.114(d)(18), 
25.264(a), 25.264(b), 25.264(c), 25.264(d), 25.264(f), which contain 
new information collection requirements that require approval by the 
Office of Management and Budget (OMB) under the PRA. The Federal 
Communications Commission will publish a document in the Federal 
Register announcing such approval and the relevant effective date.
    It is further ordered that the International Bureau is delegated 
authority to issue Public Notices consistent with this Report and 
Order.
    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 Part 25

    Communications common carriers, Communications equipment, Radio, 
Reporting and recordkeeping requirements, Satellites, 
Telecommunications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

    For the reasons discussed, in the preamble, the Federal 
Communications Commission amends Title 47 of the Code of Federal 
Regulations, Part 25 as follows:

PART 25--SATELLITE COMMUNICATIONS

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

    Authority:  47 U.S.C. 701-744. Interprets or applies Sections 
154, 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
2. Section 25.114 is amended by adding paragraphs (d)(15)(iv) and 
(d)(18) to read as follows:


Sec.  25.114  Applications for space station authorizations.

* * * * *
    (d) * * *
    (15) * * *
    (iv) The information required in Sec.  25.264(a) and (b).
* * * * *
    (18) For space stations in the Direct Broadcast Satellite service 
or the 17/24 GHz broadcasting-satellite service, maximum orbital 
eccentricity.
* * * * *

0
3. Section 25.264 is added to subpart C to read as follows:


Sec.  25.264  Requirements to facilitate reverse-band operation in the 
17.3-17.8 GHz band of 17/24 GHz Broadcasting-satellite Service and 
Direct Broadcast Satellite Service space stations.

    (a) Each applicant for a space station license in the 17/24 GHz 
broadcasting-satellite service (BSS) must provide a series of tables or 
graphs with its application, that contain the predicted transmitting 
antenna off-axis gain information for each transmitting antenna in the 
17.3-17.8 GHz frequency band. Using a Cartesian coordinate system 
wherein the X axis is tangent to the geostationary orbital arc with the 
positive direction pointing east, i.e., in the direction of travel of 
the satellite; the Y axis is parallel to a line passing through the 
geographic north and south poles of the Earth, with the positive 
direction pointing south; and the Z axis passes through the satellite 
and the center of the Earth, with the positive direction pointing 
toward the Earth, the applicant must provide the predicted transmitting 
antenna off-axis antenna gain information:
    (1) In the X-Z plane, i.e., the plane of the geostationary orbit, 
over a range of  30 degrees from the positive and negative 
X axes in increments of 5 degrees or less.
    (2) In planes rotated from the X-Z plane about the Z axis, over a 
range of 60 degrees relative to the equatorial plane, in 
increments of 10 degrees or less.
    (3) In both polarizations.
    (4) At a minimum of three measurement frequencies determined with 
respect to the entire portion of the 17.3-17.8 GHz frequency band over 
which the space station is designed to transmit: 5 MHz above the lower 
edge of the band; at the band center frequency; and 5 MHz below the 
upper edge of the band.
    (5) Over a greater angular measurement range, if necessary, to 
account for any planned spacecraft orientation bias or change in 
operating orientation relative to the reference coordinate system. The 
applicant must also explain its reasons for doing so.
    (b) Each applicant for a space station license in the 17/24 GHz BSS 
must provide power flux density (pfd) calculations with its application 
that are based upon the predicted off-axis transmitting antenna gain 
information submitted in accordance with paragraph (a) of this section, 
as follows:

[[Page 50432]]

    (1) The pfd calculations must be provided at the location of all 
prior-filed U.S. DBS space stations where the applicant's pfd level 
exceeds the coordination trigger of -117 dBW/m\2\/100 kHz in the 17.3-
17.8 GHz band. In this rule, the term prior-filed U.S. DBS space 
station refers to any Direct Broadcast Satellite service space station 
application that was filed with the Commission (or authorization 
granted by the Commission) prior to the filing of the 17/24 GHz BSS 
application containing the predicted off-axis transmitting antenna gain 
information. The term prior-filed U.S. DBS space station does not 
include any applications (or authorizations) that have been denied, 
dismissed, or are otherwise no longer valid. Prior-filed U.S. DBS space 
stations may include foreign-licensed DBS space stations seeking 
authority to serve the United States market, but do not include 
foreign-licensed DBS space stations that have not filed applications 
with the Commission for market access in the United States.
    (2) The pfd calculations must take into account the maximum 
permitted longitudinal station-keeping tolerance, orbital inclination 
and orbital eccentricity of both the 17/24 GHz BSS and DBS space 
stations, and must:
    (i) Identify each prior-filed U.S. DBS space station at whose 
location the coordination threshold pfd level of -117 dBW/m\2\/100 kHz 
is exceeded; and
    (ii) Demonstrate the extent to which the applicant's transmissions 
in the 17.3-17.8 GHz band exceed the threshold pfd level of -117 dBW/
m\2\/100 kHz at those prior-filed U.S. DBS space station locations.
    (3) If the calculated pfd level is in excess of the threshold level 
of -117 dBW/m\2\/100 kHz at the location of any prior-filed U.S. DBS 
space station, the applicant must also provide with its application 
certification that all affected DBS operators acknowledge and do not 
object to the applicants higher off-axis pfd levels. No such 
certification is required in cases where the DBS and 17/24 GHz BSS 
assigned operating frequencies do not overlap.
    (c) No later than 9 months prior to launch, each 17/24 GHz BSS 
space station applicant or authorization holder must confirm the 
predicted transmitting antenna off-axis gain information provided in 
accordance with Sec.  25.114(d)(15)(iv) by submitting measured 
transmitting antenna off-axis gain information over the angular ranges, 
measurement frequencies and polarizations described in paragraphs 
(a)(1) through (5) of this section. The transmitting antenna off-axis 
gain information should be measured under conditions as close to flight 
configuration as possible.
    (d) No later than 9 months prior to launch, each 17/24 GHz BSS 
space station applicant or authorization holder must provide pfd 
calculations based upon the measured transmitting antenna off-axis gain 
information that is submitted in accordance with paragraph (c) of this 
section as follows:
    (1) The pfd calculations must be provided:
    (i) At the location of all prior-filed U.S. DBS space stations as 
defined in paragraph (b)(1) of this section, where the applicant's pfd 
level in the 17.3-17.8 GHz band exceeds the coordination trigger of -
117 dBW/m\2\/100 kHz; and
    (ii) At the location of any subsequently-filed U.S. DBS space 
station where the applicant's pfd level in the 17.3-17.8 GHz band 
exceeds the coordination trigger of -117 dBW/m\2\/100 kHz. In this 
rule, the term subsequently-filed U.S. DBS space station refers to any 
Direct Broadcast Satellite service space station application that was 
filed with the Commission (or authorization granted by the Commission) 
after the 17/24 GHz BSS operator submitted the predicted data required 
by paragraphs (a) through (b) of this section, but prior to the time 
the 17/24 GHz BSS operator submitted the measured data required in this 
paragraph. Subsequently-filed U.S. DBS space stations may include 
foreign-licensed DBS space stations seeking authority to serve the 
United States market. The term does not include any applications (or 
authorizations) that have been denied, dismissed, or are otherwise no 
longer valid, nor does it include foreign-licensed DBS space stations 
that have not filed applications with the Commission for market access 
in the United States.
    (2) The pfd calculations must take into account the maximum 
permitted longitudinal station-keeping tolerance, orbital inclination 
and orbital eccentricity of both the 17/24 GHz BSS and DBS space 
stations, and must:
    (i) Identify each prior-filed U.S. DBS space station at whose 
location the coordination threshold pfd level of -117 dBW/m\2\/100 kHz 
is exceeded; and
    (ii) Demonstrate the extent to which the applicant's or licensee's 
transmissions in the 17.3-17.8 GHz band exceed the threshold pfd level 
of -117 dBW/m\2\/100 kHz at those prior-filed U.S. DBS space station 
locations.
    (e) If the pfd level calculated from the measured data submitted in 
accordance with paragraph (d) of this section is in excess of the 
threshold pfd level of -117 dBW/m\2\/100 kHz:
    (1) At the location of any prior-filed U.S. DBS space station as 
defined in paragraph (b)(1) of this section, then the 17/24 GHz 
broadcasting-satellite operator must either:
    (i) Coordinate its operations that are in excess of the threshold 
pfd level of -117 dBW/m\2\/100 kHz with the affected prior-filed U.S. 
DBS space station operator, or
    (ii) Adjust its operating parameters so that at the location of the 
prior-filed U.S. DBS space station, the pfd level of -117 dBW/m\2\/100 
kHz is not exceeded.
    (2) At the location of any subsequently-filed U.S. DBS space 
station as defined in paragraph (d)(1) of this section, where the pfd 
level submitted in accordance with paragraph (d) of this section, is 
also in excess of the pfd level calculated on the basis of the 
predicted data submitted in accordance with paragraph (a) of this 
section that were on file with the Commission at the time the DBS space 
station application was filed, then the 17/24 GHz broadcasting-
satellite operator must either:
    (i) Coordinate with the affected subsequently-filed U.S. DBS space 
station operator all of its operations that are either in excess of the 
pfd level calculated on the basis of the predicted antenna off-axis 
gain data, or are in excess of the threshold pfd level of -117 dBW/
m\2\/100 kHz, whichever is greater, or
    (ii) Adjust its operating parameters so that at the location of the 
subsequently-filed U.S. DBS space station, either the pfd level 
calculated on the basis of the predicted off-axis transmitting antenna 
gain data, or the threshold pfd level of -117 dBW/m\2\/100 kHz, 
whichever is greater, is not exceeded.
    (3) No coordination or adjustment of operating parameters is 
required in cases where the DBS and 17/24 GHz BSS operating frequencies 
do not overlap.
    (f) The 17/24 GHz BSS applicant or licensee must modify its 
license, or amend its application, as appropriate, based upon new 
information:
    (1) If the pfd levels submitted in accordance with paragraph (d) of 
this section, are in excess of those submitted in accordance with 
paragraph (b) of this section at the location of any prior-filed or 
subsequently-filed U.S. DBS space station as defined in paragraphs 
(b)(1) and (d)(1)of this section, or
    (2) If the 17/24 GHz BSS operator adjusts its operating parameters 
in accordance with paragraphs (e)(1)(ii) or (e)(2)(ii) or this section.

[[Page 50433]]

    (g) Absent an explicit agreement between operators to permit more 
closely spaced operations, U.S. authorized 17/24 GHz BSS space stations 
and U.S. authorized DBS space stations with co-frequency assignments 
may not be licensed to operate at locations separated by less than 0.2 
degrees in orbital longitude.
    (h) All operational 17/24 GHz BSS space stations must be maintained 
in geostationary orbits that:
    (1) Do not exceed 0.075[deg] of inclination.
    (2) Operate with an apogee less than or equal to 35,806 km above 
the surface of the Earth, and with a perigee greater than or equal to 
35,766 km above the surface of the Earth (i.e., an eccentricity of less 
than 4.7 x 10-4).
    (i) U.S. authorized DBS networks may claim protection from space 
path interference arising from the reverse-band operations of U.S. 
authorized 17/24 GHz BSS networks to the extent that the DBS space 
station operates within the bounds of inclination and eccentricity 
listed below. When the geostationary orbit of the DBS space station 
exceeds these bounds on inclination and eccentricity, it may not claim 
protection from any additional space path interference arising as a 
result of its inclined or eccentric operations and may only claim 
protection as if it were operating within the bounds listed below:
    (1) The DBS space station's orbit does not exceed 0.075[deg] of 
inclination, and
    (2) The DBS space station's orbit maintains an apogee less than or 
equal to 35,806 km above the surface of the Earth, and a perigee 
greater than or equal to 35,766 km above the surface of the Earth 
(i.e., an eccentricity of less than 4.7 x 10-4).

[FR Doc. 2011-20593 Filed 8-12-11; 8:45 am]
BILLING CODE 6712-01-P