[Federal Register Volume 76, Number 193 (Wednesday, October 5, 2011)]
[Notices]
[Pages 61699-61702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25660]


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FEDERAL COMMUNICATIONS COMMISSION


Information Collections Being Reviewed by the Federal 
Communications Commission Under Delegated Authority

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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SUMMARY: The Federal Communications Commission (FCC), as part of its 
continuing effort to reduce paperwork burdens, invites the general 
public and other Federal agencies to take this opportunity to comment 
on the following information collection, as required by the Paperwork 
Reduction Act (PRA) of 1995. Comments are requested concerning (a) 
Whether the proposed collection of information is necessary for the 
proper performance of the functions of the Commission, including 
whether the information shall have practical utility; (b) the accuracy 
of the Commission's burden estimate; (c) ways to enhance the quality, 
utility, and clarity of the information collected; (d) ways to minimize 
the burden of the collection of information on the respondents, 
including the use of automated collection techniques or other forms of 
information technology; and (e) ways to further reduce the information 
collection burden on small business concerns with fewer than 25 
employees.
    The FCC may not conduct or sponsor a collection of information 
unless it displays a currently valid control number. No person shall be 
subject to any penalty for failing to comply with a collection of 
information subject to the PRA that does not display a valid Office of 
Management and Budget (OMB) control number.

DATES: Written PRA comments should be submitted on or before December 
5, 2011. If you anticipate that you will be submitting comments, but 
find it difficult to do so within the period of time allowed by this 
notice, you should advise the contact listed below as soon as possible.

ADDRESSES: Direct all PRA comments to the Federal Communications 
Commission via e-mail to [email protected] and [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, contact Cathy Williams at (202) 418-2918.

SUPPLEMENTARY INFORMATION: 
    OMB Control No.: 3060-1014.
    Title: Ku-band NGSO FSS.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 1 respondent; 1 response.
    Estimated Time per Response: 2 hours.
    Frequency of Response: Annual reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in Sections 4, 
301, 302, 303, 307, 309, and 332 of the Communications Act of 1934, as 
amended, 47 U.S.C. 154, 302, 303, 307, 309, 332, and 701.
    Total Annual Burden: 2 hours.
    Annual Cost Burden: None.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: In general, there is no need 
for confidentiality with this collection of information.
    Needs and Uses: This collection will be submitted to the Office of 
Management and Budget (OMB) as an extension after this 60 day comment 
period has ended in order to obtain the full three year OMB clearance.
    The information collection requirements (annual filings by 
licensees of reports on the status of their space station construction 
and launch) accounted for in this collection are necessary to ensure 
that prospective licensees in the Non-geostationary (NGSO) Fixed 
Satellite Service (FSS) follow their service rules. Without such 
information collection requirements, many existing radio services, both 
satellite and terrestrial, could potentially be interrupted by 
interference caused by NGSO FSS systems on the same frequencies.
    OMB Control No.: 3060-1095.
    Title: Surrenders of Authorizations for International Carrier, 
Space Station and Earth Station Licensees.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 82 respondents; 82 responses.
    Estimated Time per Response: 1 hour.
    Frequency of Response: On occasion reporting requirement.
    Obligation To Respond: Voluntary. The statutory authority for this 
information collection is contained in Sections 4(i), 7(a), 11, 303(c), 
303(f), 303(g), and 303(r) of the Communications Act of 1934, as 
amended; 47 U.S.C. 154(i), 157(a), 161, 303(c), 303(f), 303(g), and 
303(r).
    Total Annual Burden: 82 hours.
    Annual Cost Burden: None.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: In general, there is no need 
for confidentiality.

[[Page 61700]]

    Needs and Uses: This collection will be submitted to the Office of 
Management and Budget (OMB) as an extension after this 60 day comment 
period has ended in order to obtain the full three year OMB clearance.
    Licensees file surrenders of authorizations with the Commission on 
a voluntary basis. This information is used by Commission staff to 
issue Public Notices to announce the surrenders of authorization to the 
general public. The Commission's release of Public Notices is critical 
to keeping the general public abreast of the licensees' discontinuance 
of telecommunications services.
    Without this collection of information, licensees would be required 
to submit surrenders of authorizations to the Commission by letter 
which is more time consuming than submitting such requests to the 
Commission electronically. In addition, Commission staff would spend an 
extensive amount of time processing surrenders of authorizations 
received by letter.
    The collection of information saves time for both licensees and 
Commission staff since they are received in MyIBFS electronically and 
include only the information that is essential to process the requests 
in a timely manner. Furthermore, the E-filing module expedites the 
Commission staff's announcement of surrenders of authorizations via 
Public Notice.
    OMB Control No.: 3060-1061.
    Title: Licensing and Service Rules for Earth Stations on Board 
Vessels (ESVs).
    Form No.: Not applicable.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 15 respondents; 15 responses.
    Estimated Time per Response: 0.25-24 hours.
    Frequency of Response: Recordkeeping requirement; On occasion 
reporting requirement; Third party disclosure requirement.
    Obligation To Respond: Required to obtain or retain benefits. The 
Commission has statutory approval for the information collection 
requirements under Sections 4(i), 7(a), 303(c), 303(f), 303(g) and 
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
157(a), 303(c), 303(f), 303(g) and 303(r).
    Total Annual Burden: 264 hours.
    Total Annual Cost: $149,925.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality pertaining to the information collection requirements 
in this collection.
    Needs and Uses: On July 31, 2009, the Federal Communications 
Commission (''Commission'') released an Order on Reconsideration 
titled, ``In the Matter of the Procedures to Govern the Use of 
Satellite Earth Stations on Board Vessels in the 5925-6425 MHz/3700-
4200 MHz Bands and 14.0-14.5 GHz/11.7-12.2 GHz Bands'' (FCC 09-63), IB 
Docket No. 02-10 (``ESV Reconsideration Order''). In the ESV 
Reconsideration Order, the Commission resolved various concerns raised 
regarding the operational restrictions placed on ESVs that are designed 
to protect the fixed-satellite service (FSS), operating in the C-band 
and Ku-band, and the terrestrially based fixed service (FS), operating 
in the C-band, from harmful interference. The Commission adopted rule 
changes that provide ESV operators with greater operational flexibility 
while continuing to ensure that the other services in these bands are 
protected from harmful interference.
    The Commission would like to maintain OMB approval of the following 
information collection requirements:
    1. Any ESV applicant that uses transmitters with off-axis EIRP 
densities lower than or equal to the off-axis EIRP limits must: (1) 
File three tables showing the off-axis EIRP level of the proposed earth 
station antenna in the direction of the plane of the GSO; the co-
polarized EIRP in the elevation plane, that is, the plane perpendicular 
to the plane of the GSO; and cross polarized EIRP. In each table, the 
EIRP level must be provided at increments of 0.1[deg] for angles 
between 0[deg] and 10[deg] off-axis, and at increments of 5[deg] for 
angles between 10[deg] and 180[deg] off-axis; or (2) a certification, 
in Schedule B, that the ESV antenna conforms to the gain pattern 
criteria of Sec.  25.209(a) and (b), that, combined with the maximum 
input power density calculated from the EIRP density less the antenna 
gain, which is entered in Schedule B, demonstrates that the off-axis 
EIRP spectral density envelope will be met under the assumption that 
the antenna is pointed at the target satellite.
    2. An ESV applicant proposing to implement a transmitter that will 
maintain a pointing error of less than or equal to 0.2[deg] must 
provide a certification from the equipment manufacturer stating that 
the antenna tracking system will maintain a pointing error of less than 
or equal to 0.2[deg] between the orbital location of the target 
satellite and the axis of the main lobe of the ESV antenna and that the 
antenna tracking system is capable of ceasing emissions within 100 
milliseconds if the angle between the orbital location of the target 
satellite and the axis of the main lobe of the ESV antenna exceeds 
0.5[deg].
    3. An ESV applicant proposing to implement a transmitter with an 
antenna pointing error of greater than 0.2 degrees must: (A) Declare, 
in its application, a maximum antenna pointing error and demonstrate 
that the maximum antenna pointing error can be achieved without 
exceeding the off-axis EIRP spectral-density limits in paragraph 
(a)(1)(i) of this section; and (B) demonstrate that the ESV transmitter 
can detect if the transmitter exceeds the declared maximum antenna 
pointing error and can cease transmission within 100 milliseconds if 
the angle between the orbital location of the target satellite and the 
axis of the main lobe of the ESV antenna exceeds the declared maximum 
antenna pointing error, and will not resume transmissions until the 
angle between the orbital location of the target satellite and the axis 
of the main lobe of the ESV antenna is less than or equal to the 
declared maximum antenna pointing error.
    4. An ESV applicant proposing to implement a transmitter that 
exceeds the off-axis EIRP spectral-density limits shall provide the 
following certifications and demonstration as exhibits to its earth 
station application: (i) A statement from the target satellite operator 
certifying that the proposed operation of the ESV has the potential to 
create harmful interference to satellite networks adjacent to the 
target satellite(s) that may be unacceptable; (ii) a statement from the 
target satellite operator certifying that the power-density levels that 
the ESV applicant provided to the target satellite operator are 
consistent with the existing coordination agreements between its 
satellite(s) and the adjacent satellite systems within 6[deg] of 
orbital separation from its satellite(s); (iii) a statement from the 
target satellite operator certifying that it will include the power-
density levels of the ESV applicant in all future coordination 
agreements; (iv) A demonstration from the ESV operator that the ESV 
system is capable of detecting and automatically ceasing emissions 
within 100 milliseconds when the transmitter exceeds the off-axis EIRP 
spectral-densities supplied to the target satellite operator; and (v) a 
certification from the ESV operator that the ESV system complies with 
the power limits in Section 25.204(h).
    5. The point of contact information referred to in paragraph (a)(3) 
and, if applicable, paragraph (a)(6), of Sections 25.221 and 25.222, 
must be included in the application.

[[Page 61701]]

    The information collection requirements accounted for in this 
collection are necessary to determine the technical and legal 
qualifications of applicants or licensees to operate a station, 
transfer or assign a license, and to determine whether the 
authorization is in the public interest, convenience and necessity. 
Without such information, the Commission could not determine whether to 
permit respondents to provide telecommunication services in the U.S. 
Therefore, the Commission would be unable to fulfill its statutory 
responsibilities in accordance with the Communications Act of 1934, as 
amended, and the obligations imposed on parties to the World Trade 
Organization (WTO) Basic Telecom Agreement.
    OMB Control No.: 3060-1106.
    Title: Licensing and Service Rules for Vehicle Mounted Earth 
Stations (VMES).
    Form No.: Not Applicable.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 10 respondents; 10 responses.
    Estimated Time per Response: 0.25 hour-24 hours.
    Frequency of Response: On occasion reporting requirement; 
Recordkeeping requirement; Third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
Commission has statutory approval for the information collection 
requirements under Sections 1, 4(i), 4(j), 7(a), 301, 303(c), 303(f), 
303(g), 303(r), 303(y) and 308 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154(i), 154(j), 157(a), 301, 303(c), 303(f), 
303(g), 303(r), 303(y), and 308.
    Total Annual Burden: 322 hours.
    Total Annual Cost: $104,300.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality pertaining to the information collection requirements 
in this collection.
    Needs and Uses: On July 31, 2009, the Federal Communications 
Commission (``Commission'') released a Report and Order titled, ``In 
the Matter of Amendment of parts 2 and 25 of the Commission's Rules to 
Allocate Spectrum and Adopt Service Rules and Procedures to Govern the 
Use of Vehicle-Mounted Earth Stations in Certain Frequency Bands 
Allocated to the Fixed-Satellite Service,'' IB Docket No. 07-101, FCC 
09-64 (hereinafter referred to as ``VMES Report and Order'').
    The VMES Report and Order adopts part 2 allocation rules and part 
25 technical and licensing rules for a new domestic Ku-band VMES 
service. VMES service has the potential to deliver advanced mobile 
applications through satellite technology, including broadband, which 
will be beneficial for public safety and commercial purposes.
    The PRA information collection requirements contained in the VMES 
Report and Order are as follows:
    1. 47 CFR 25.226(b)(1)(i) or 47 CFR 25.226(b)(1)(ii).
    (i) Any VMES applicant filing an application pursuant to paragraph 
(a)(1) of this section shall file three tables showing the off-axis 
EIRP level of the proposed earth station antenna in the direction of 
the plane of the GSO; the co-polarized EIRP in the elevation plane, 
that is, the plane perpendicular to the plane of the GSO; and cross-
polarized EIRP. Each table shall provide the EIRP level at increments 
of 0.1[deg] for angles between 0[deg] and 10[deg] off-axis, and at 
increments of 5[deg] for angles between 10[deg] and 180[deg] off-axis.
Or;
    2. (ii) A VMES applicant shall include a certification, in Schedule 
B, that the VMES antenna conforms to the gain pattern criteria of Sec.  
25.209(a) and (b), that, combined with the maximum input power density 
calculated from the EIRP density less the antenna gain, which is 
entered in Schedule B, demonstrates that the off-axis EIRP spectral 
density envelope set forth in paragraphs (a)(1)(i)(A) through 
(a)(1)(i)(C) of this section will be met under the assumption that the 
antenna is pointed at the target satellite.

3. 47 CFR 25.226(b)(1)(iii)

    (iii) A VMES applicant proposing to implement a transmitter under 
paragraph (a)(1)(ii)(A) of this section shall provide a certification 
from the equipment manufacturer stating that the antenna tracking 
system will maintain a pointing error of less than or equal to 0.2[deg] 
between the orbital location of the target satellite and the axis of 
the main lobe of the VMES antenna and that the antenna tracking system 
is capable of ceasing emissions within 100 milliseconds if the angle 
between the orbital location of the target satellite and the axis of 
the main lobe of the VMES antenna exceeds 0.5[deg].

4. 47 CFR 25.226(b)(1)(iv)(A), (B)

    A VMES applicant proposing to implement a transmitter under 
paragraph (a)(1)(ii)(B) of this section shall:
    (A) Declare, in its application, a maximum antenna pointing error 
and demonstrate that the maximum antenna pointing error can be achieved 
without exceeding the off-axis EIRP spectral-density limits in 
paragraph (a)(1)(i) of this section; and (B) demonstrate that the VMES 
transmitter can detect if the transmitter exceeds the declared maximum 
antenna pointing error and can cease transmission within 100 
milliseconds if the angle between the orbital location of the target 
satellite and the axis of the main lobe of the VMES antenna exceeds the 
declared maximum antenna pointing error, and will not resume 
transmissions until the angle between the orbital location of the 
target satellite and the axis of the main lobe of the VMES antenna is 
less than or equal to the declared maximum antenna pointing error.

5. 47 CFR 25.226(b)(2)(i), (ii), (iii), (iv)

    A VMES applicant proposing to implement a transmitter under 
paragraph (a)(2) of this section and using off-axis EIRP spectral-
densities in excess of the levels in paragraph (a)(1)(i) of this 
section shall provide the following certifications and demonstration as 
exhibits to its earth station application:
    (i) A statement from the target satellite operator certifying that 
the proposed operation of the VMES has the potential to create harmful 
interference to satellite networks adjacent to the target satellite(s) 
that may be unacceptable.
    (ii) A statement from the target satellite operator certifying that 
the power-density levels that the VMES applicant provided to the target 
satellite operator are consistent with the existing coordination 
agreements between its satellite(s) and the adjacent satellite systems 
within 6[deg] of orbital separation from its satellite(s).
    (iii) A statement from the target satellite operator certifying 
that it will include the power-density levels of the VMES applicant in 
all future coordination agreements.
    (iv) A demonstration from the VMES operator that the VMES system is 
capable of detecting and automatically ceasing emissions within 100 
milliseconds when the transmitter exceeds the off-axis EIRP spectral-
densities supplied to the target satellite operator.

6. 47 CFR 25.226(b)(3)

    A VMES applicant proposing to implement a VMES system under 
paragraph (a)(3) of this section and using variable power-density 
control of individual simultaneously transmitting co-frequency VMES 
earth stations in the

[[Page 61702]]

same satellite receiving beam shall provide the following 
certifications and demonstration as exhibits to its earth station 
application:
    (i) The applicant shall make a detailed showing of the measures it 
intends to employ to maintain the effective aggregate EIRP-density from 
all simultaneously transmitting co-frequency terminals operating with 
the same satellite transponder at least 1 dB below the EIRP-density 
limits defined in paragraphs (a)(1)(i)(A)-(C) of this section. In this 
context the term ``effective'' means that the resultant co-polarized 
and cross-polarized EIRP-density experienced by any GSO or non-GSO 
satellite shall not exceed that produced by a single VMES transmitter 
operating at 1 dB below the limits defined in paragraphs (a)(1)(i)(A)-
(C) of this section. The International Bureau will place this showing 
on Public Notice along with the application.
    (ii) An applicant proposing to implement a VMES under (a)(3)(ii) of 
this section that uses off-axis EIRP spectral-densities in excess of 
the levels in paragraph (a)(3)(i) of this section shall provide the 
following certifications, demonstration and list of satellites as 
exhibits to its earth station application:
    (A) A detailed showing of the measures the applicant intends to 
employ to maintain the effective aggregate EIRP-density from all 
simultaneously transmitting co-frequency terminals operating with the 
same satellite transponder at the EIRP-density limits supplied to the 
target satellite operator. The International Bureau will place this 
showing on Public Notice along with the application.
    (B) A statement from the target satellite operator certifying that 
the proposed operation of the VMES has the potential to create harmful 
interference to satellite networks adjacent to the target satellite(s) 
that may be unacceptable.
    (C) A statement from the target satellite operator certifying that 
the aggregate power density levels that the VMES applicant provided to 
the target satellite operator are consistent with the existing 
coordination agreements between its satellite(s) and the adjacent 
satellite systems within 6[deg] of orbital separation from its 
satellite(s).
    (D) A statement from the target satellite operator certifying that 
it will include the aggregate power-density levels of the VMES 
applicant in all future coordination agreements.
    (E) A demonstration from the VMES operator that the VMES system is 
capable of detecting and automatically ceasing emissions within 100 
milliseconds when an individual transmitter exceeds the off-axis EIRP 
spectral-densities supplied to the target satellite operator and that 
the overall system is capable of shutting off an individual transmitter 
or the entire system if the aggregate off-axis EIRP spectral-densities 
exceed those supplied to the target satellite operator.
    (F) An identification of the specific satellite or satellites with 
which the VMES system will operate.
    (iii) The applicant shall acknowledge that it will maintain 
sufficient statistical and technical information on the individual 
terminals and overall system operation to file a detailed report, one 
year after license issuance, describing the effective aggregate EIRP-
density levels resulting from the operation of the VMES system.

7. 47 CFR 25.226(a)(5), (b)(6)

    Applicant shall include in application point of contact with 
authority and ability to cease all emissions from VMES terminals.

8. 47 CFR 25.226 (a)(6), (b)(7)

    VMES licensee shall provide data (record of vehicle location, 
transmit frequency, channel bandwidth and satellite used for each 
relevant VMES transmitter) to Commission, NTIA, FSS operator, FS 
operator, or frequency coordinator within 24 hours upon request.
    The information collection requirements accounted for in this 
collection are necessary to prevent regulatory uncertainty with respect 
to VMES and other satellite services that operate in the Ku-band within 
the United States. Prior to this rulemaking, the lack of rules for VMES 
posed an administrative burden on those entities attempting to provide 
VMES-type services and on Commission staff because such services could 
be granted only through the use of waivers and Special Temporary 
Authority (STA) authorizations for a six-month period of time. The 
approval of fifteen-year licenses for VMES operators significantly 
reduces the burden imposed upon both licensees and Commission staff who 
review and approve the waivers and STAs. Furthermore, without such 
information the Commission would not be able to take the necessary 
measures to prevent harmful interference to satellite services from 
VMES. Finally, the Commission would not be able to advance its goals of 
managing spectrum efficiently and promoting broadband technologies to 
benefit American consumers throughout the United States.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-25660 Filed 10-4-11; 8:45 am]
BILLING CODE 6712-01-P