[Federal Register Volume 77, Number 161 (Monday, August 20, 2012)]
[Rules and Regulations]
[Pages 50049-50053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20202]



[[Page 50049]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 02-10; FCC 12-79]


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

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) modifies its C-band and Ku-band licensing and service 
rules for Earth Stations on Board Vessels (ESVs) in order to promote 
greater ESV operational flexibility without causing harmful 
interference to the Fixed-Satellite Service (FSS) operators.

DATES: Effective September 19, 2012.

FOR FURTHER INFORMATION CONTACT: Jennifer Balatan or Howard Griboff, 
Policy Division, International Bureau, (202) 418-1460.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Order on Reconsideration, adopted on July 17, 2012, and released on 
July 19, 2012 (FCC 12-79). The full text of this document is available 
for inspection and copying during normal business hours in the 
Commission Reference Center, 445 12th Street SW., Washington, DC 20554. 
The document is also available for download over the Internet at http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0719/FCC-12-79A1.doc. The complete text may also be purchased from the Commission's 
copy contractor, Best Copy and Printing, in person at 445 12th Street 
SW., Room CY-B402, Washington, DC 20554, via telephone at (202) 488-
5300, via facsimile at (202) 488-5563, or via email at 
[email protected].

Summary of the Second Order on Reconsideration

    On December 15, 2004, the Commission adopted the ESV Report and 
Order in IB Docket No. 02-10 (ESV Order) (70 FR 4775-01, January 31, 
2005, as amended at 40 FR 34665-01, June 15, 2005), establishing 
licensing and service rules for ESVs operating in the 5925-6425 MHz/
3700-4200 MHz (C-band) and 14.0-14.5 GHz/11.7-12.2 GHz (Ku-band) 
frequencies. On July 30, 2009, the Commission adopted the Order on 
Reconsideration (ESV Reconsideration Order), (74 FR 47100-01, September 
15, 2009, as amended at 75 FR 7975-01, February 23, 2010) which revises 
some of the ESV licensing and service rules adopted in the ESV Order. 
In this Second Order on Reconsideration (Second Reconsideration Order), 
the Commission revises the ESV rules by adopting requirements for a 
certain type of ESV system: a system that operates multiple co-
frequency terminals simultaneously, with each terminal using a 
different data rate or power level (variable power ESV system). 
Specifically, the Second Reconsideration Order adopts an aggregate 
power-density rule that will allow variable power ESV systems to 
operate their individual transmitters simultaneously while using 
varying off-axis EIRP-density levels instead of requiring each 
transmitter within the system to use the same EIRP-density. The 
aggregate power-density rule requires variable power ESV systems to 
operate at least one dB below the off-axis EIRP-density limits in order 
to protect the FSS from harmful interference. In addition, the Order 
requires ESV applicants seeking a waiver of the one dB requirement to 
file a report regarding their system operations. Further, the Second 
Reconsideration Order requires variable power ESV systems to cease 
transmissions if the power-density from an individual terminal exceeds 
the off-axis EIRP-density limits or the power-density of one or more 
terminals causes the aggregate power to exceed the off-axis EIRP-
density limits. The revisions this Second Reconsideration Order adopts 
for variable power ESVs should provide greater operational flexibility 
for those ESVs while continuing to ensure that the FSS operators are 
protected from harmful interference in the C-band and Ku-band.

Final Regulatory Flexibility Certification

    The Regulatory Flexibility Act of 1980, as amended (RFA), requires 
that a regulatory flexibility analysis be prepared for notice-and-
comment rule making proceedings, unless the agency certifies that ``the 
rule will not, if promulgated, have a significant economic impact on a 
substantial number of small entities.'' The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A ``small business concern'' is one 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 U.S. Small 
Business Administration (SBA). In light of the rules adopted in the ESV 
Order, we find that there are only two categories of licensees that 
would be affected by the new rules. These categories of licensees are 
Satellite Telecommunications and Fixed-Satellite Transmit/Receive Earth 
Stations. The SBA has determined that the small business size standard 
for Satellite Telecommunications is a business that has $15 million or 
less in average annual receipts. Currently there are approximately 
3,390 operational fixed-satellite transmit/received earth stations 
authorized for use in the C- and Ku-bands. The Commission does not 
request or collect annual revenue information, and thus is unable to 
estimate the number of earth stations that would constitute a small 
business under the SBA definition. Of the two classifications of 
licensees, we estimate that only 15 entities will provide ESV service. 
For the reasons described below, we certify that the policies and rules 
adopted in this Second Reconsideration Order will not have a 
significant economic impact on a substantial number of small entities.
    In the ESV Order, the Commission established licensing and service 
rules for ESVs operating in the 5925-6425 MHz/3700-4200 MHz (C-band) 
and 14.0-14.5 GHz/11.7-12.2 GHz (Ku-band) frequencies. These rules 
allow ESV operations in the C- and Ku-bands, while ensuring that ESVs 
protect the fixed service (FS) and fixed-satellite service (FSS) 
operators, and a limited number of Government operations in these bands 
from harmful interference. In the Order on Reconsideration, the 
Commission clarified and modified certain ESV rules designed to protect 
the FSS and the FS in the C- and Ku-bands in order to allow greater 
operational flexibility for ESVs. For example, ESVs may operate at 
higher off-axis power-density levels as long as the ESV remains within 
the parameters of the coordination agreements between the target 
satellite and adjacent satellites. In this Second Reconsideration 
Order, we further promote operational flexibility while ensuring that 
the FSS are protected from harmful interference by adopting an 
aggregate power-density rule and a cessation of emission rule for 
variable power ESV systems. The Commission does not expect a 
substantial number of small entities to be directly impacted by the 
rule changes adopted in this Second Reconsideration Order. 
Specifically, we

[[Page 50050]]

expect that fewer than ten entities will be affected by the variable 
power rule provisions adopted in this Order. In addition, we believe 
these new rule provisions will not impose a significant economic impact 
on small entities and, in fact, will benefit both large and small 
entities utilizing variable power systems by allowing greater 
operational flexibility in providing ESV service. Therefore, we certify 
that the requirements adopted in this Second Reconsideration Order will 
not have a significant economic impact on a substantial number of small 
entities.

Final Paperwork Reduction Act of 1995 Analysis

    This Order on Reconsideration does not contain new information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. In addition, therefore, it does not contain 
any new or modified information collection burden for small business 
concerns with fewer than 25 employees, pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4).

Congressional Review Act

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

Ordering Clauses

    It is ordered that, pursuant to sections 4(i), 7, 302, 303(c), 
303(e), 303(f) and 303(r) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), 157, 302, 303(c), 303(e), 303(f) and 303(r), 
this Second Order on Reconsideration is adopted. Part 25 of the 
Commission's rules is amended, as specified below in the rule 
revisions, effective September 19, 2012.
    It is further ordered that the Petition for Reconsideration filed 
by The Boeing Company is granted in part to the extent described above 
and is denied in all other respects.
    It is further ordered that the Petition for Reconsideration filed 
by ViaSat, Inc. is denied.
    It is further ordered that the Final Regulatory Flexibility 
Certification, 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 Second Order on Reconsideration including the Final 
Regulatory Flexibility Certification, to the Chief Counsel for Advocacy 
of the Small Business Administration.

List of Subjects in 47 CFR Part 25

    Satellites.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Final Rule

    For the reasons discussed above, the Federal Communications 
Commission amends 47 CFR 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 4, 
301, 302, 303, 307, 309 and 332 of the Communications Act, as 
amended, 47 U.S.C. Sections 154, 301, 302, 303, 307, 309, 332, 
unless otherwise noted.


0
2. Amend Sec.  25.221 as follows:
0
a. Revise paragraph (a) introductory text;
0
b. Revise paragraphs (a)(1)(ii) introductory text and (a)(1)(iii) 
introductory text;
0
c. Revise paragraph (a)(2) introductory text;
0
d. Revise paragraph (a)(2)(iii);
0
e. Redesignate paragraphs (a)(3) through (a)(12) as paragraphs (a)(4) 
through (a)(13);
0
f. Add new paragraph (a)(3);
0
g. Revise newly redesignated paragraph (a)(12);
0
h. Revise paragraph (b) introductory text;
0
i. Revise paragraph (b)(2) introductory text;
0
j. Revise paragraph (b)(2)(iv);
0
k. Redesignate paragraphs (b)(3) through (b)(5) as paragraphs (b)(4) 
through (b)(6); and
0
l. Add new paragraphs (b)(3) and (b)(7).


Sec.  25.221  Blanket Licensing provisions for Earth Stations on 
Vessels (ESVs) receiving in the 3700-4200 MHz (space-to-Earth) 
frequency band and transmitting in the 5925-6425 MHz (Earth-to-space) 
frequency band, operating with Geostationary Satellite Orbit (GSO) 
Satellites in the Fixed-Satellite Service.

    (a) The following ongoing requirements govern all ESV licensees and 
operations in the 3700-4200 MHz (space-to-Earth) and 5925-6425 MHz 
(Earth-to-space) bands transmitting to GSO satellites in the fixed-
satellite service. ESV licensees must comply with the requirements in 
paragraph (a)(1), (a)(2) or (a)(3) of this section and all of the 
requirements set forth in paragraphs (a)(4) through (a)(13) of this 
section. Paragraph (b) of this section identifies items that must be 
included in the application for ESV operations to demonstrate that 
these ongoing requirements will be met.
    (1) * * *
    (ii) Except for ESV systems operating under paragraph (a)(3) of 
this section, each ESV transmitter must meet one of the following 
antenna pointing error requirements:
* * * * *
    (iii) Except for ESV systems operating under paragraph (a)(3) of 
this section, each ESV transmitter must meet one of the following 
cessation of emission requirements:
* * * * *
    (2) The following requirements shall apply to an ESV that uses off-
axis EIRP spectral-densities in excess of the levels in paragraph 
(a)(1)(i) or (a)(3)(i) of this section. An ESV or ESV system operating 
under this paragraph (a)(2) shall file certifications and provide a 
detailed demonstration(s) as described in paragraph (b)(2) of this 
section.
* * * * *
    (iii) The ESV shall operate in accordance with the off-axis EIRP 
spectral-densities that the ESV supplied to the target satellite 
operator in order to obtain the certifications listed in paragraph 
(b)(2) of this section. Except for ESVs with variable power systems, 
the ESV shall automatically cease emissions within 100 milliseconds if 
the ESV transmitter exceeds the off-axis EIRP spectral-densities 
supplied to the target satellite operator. For ESVs using variable 
power systems, the individual ESV transmitter shall automatically cease 
or reduce emissions within 100 milliseconds if the ESV transmitter 
exceeds the off-axis EIRP-density limits supplied to the target 
satellite operator; the individual transmitter must be self-monitoring 
and capable of shutting itself off; and if one or more ESV transmitters 
causes the aggregate off-axis EIRP-densities to exceed the off-axis 
EIRP-density limits supplied to the target satellite operator, then the 
transmitter or transmitters shall cease or reduce emissions within 100 
milliseconds of receiving a command from the system's central control 
and monitoring station.
    (3) The following requirements shall apply to an ESV system that 
uses variable power-density control of individual simultaneously 
transmitting co-frequency ESV earth stations in the same satellite 
receiving beam unless that ESV system operates pursuant to paragraph 
(a)(2) of this section. An ESV system operating under this paragraph 
(a)(3) shall provide a detailed

[[Page 50051]]

demonstration as described in paragraph (b)(3) of this section.
    (i) The effective aggregate EIRP-density from all terminals shall 
be at least 1 dB below the off-axis EIRP-density limits defined in 
paragraph (a)(1)(i) of this section, with the value of N = 1. 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 transmitter 
operating 1 dB below the off-axis EIRP-density limits defined in 
paragraph (a)(1)(i) of this section. An ESV system operating under this 
paragraph (a)(3) shall provide a detailed demonstration as described in 
paragraph (b)(3)(i) of this section.
    (ii) The individual ESV transmitter shall automatically cease or 
reduce emissions within 100 milliseconds if the ESV transmitter exceeds 
the off-axis EIRP-density limits specified in paragraph (a)(3)(i) of 
this section. The individual transmitter must be self-monitoring and 
capable of shutting itself off. If one or more ESV transmitters causes 
the aggregate off-axis EIRP-densities to exceed the off-axis EIRP-
density limits specified in paragraph (a)(3)(i) of this section, then 
the transmitter or transmitters shall cease or reduce emissions within 
100 milliseconds of receiving a command from the system's central 
control and monitoring station.
* * * * *
    (12) ESVs operating within 200 km from the baseline of the United 
States, or within 200 km from a U.S.-licensed fixed service offshore 
installation, shall complete coordination with potentially affected 
U.S.-licensed fixed service operators prior to operation. The 
coordination method and the interference criteria objective shall be 
determined by the frequency coordinator. The details of the 
coordination shall be maintained and available at the frequency 
coordinator, and shall be filed with the Commission electronically via 
the International Bureau Filing System (http://licensing.fcc.gov/myibfs/) to be placed on public notice. The coordination notifications 
must be filed in the form of a statement referencing the relevant call 
signs and file numbers. Operation of each individual ESV may commence 
immediately after the public notice is released that identifies the 
notification sent to the Commission. Continuance of operation of that 
ESV for the duration of the coordination term shall be dependent upon 
successful completion of the normal public notice process. If, prior to 
the end of the 30-day comment period of the public notice, any 
objections are received from U.S.-licensed fixed service operators that 
have been excluded from coordination, the ESV licensee shall 
immediately cease operation of that particular station on frequencies 
used by the affected U.S.-licensed fixed service station until the 
coordination dispute is resolved and the ESV licensee informs the 
Commission of the resolution.
* * * * *
    (b) Applications for ESV operation in the 5925-6425 MHz (Earth-to-
space) band to GSO satellites in the Fixed-Satellite Service must 
include, in addition to the particulars of operation identified on Form 
312, and associated Schedule B, the applicable technical demonstrations 
in paragraph (b)(1), (b)(2) or (b)(3) of this section and the 
documentation identified in paragraphs (b)(4) through (b)(7) of this 
section.
* * * * *
    (2) An ESV 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) or (a)(3)(i) 
of this section shall provide the following certifications and 
demonstration(s) as exhibits to its earth station application:
* * * * *
    (iv) Except for variable power ESV applicants, 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. Variable power ESV applicants shall 
provide a detailed showing that an individual ESV terminal is capable 
of automatically ceasing or reducing emissions within 100 milliseconds 
if the ESV transmitter exceeds the off-axis EIRP spectral-densities 
supplied to the target satellite operator; that the individual 
transmitter is self-monitoring and capable of shutting itself off; and 
that one or more transmitters are capable of automatically ceasing or 
reducing emissions within 100 milliseconds of receiving the appropriate 
command from the system's central control and monitoring station if the 
aggregate off-axis EIRP spectral-densities of the transmitter or 
transmitters exceed the off-axis EIRP spectral-densities supplied to 
the target satellite operator.
    (3) An ESV applicant proposing to implement an ESV system under 
paragraph (a)(3) of this section and using variable power-density 
control of individual simultaneously transmitting co-frequency ESV 
earth stations in the same satellite receiving beam shall provide the 
information in paragraphs (b)(3)(i) and (b)(3)(ii) of this section as 
exhibits to its earth station application. The International Bureau 
will place these showings on Public Notice along with the application.
    (i) The ESV applicant shall provide 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 paragraph (a)(1)(i) 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 ESV 
transmitter operating at 1 dB below the limits defined in paragraph 
(a)(1)(i) of this section.
    (ii) The ESV applicant shall provide a detailed showing that an 
individual ESV terminal is capable of automatically ceasing or reducing 
emissions within 100 milliseconds if the ESV transmitter exceeds the 
off-axis EIRP-density limit specified in paragraph (a)(3)(i) of this 
section and that the individual transmitter is self-monitoring and 
capable of shutting itself off. The ESV applicant shall also provide a 
detailed showing that one or more transmitters are capable of 
automatically ceasing or reducing emissions within 100 milliseconds of 
receiving the appropriate command from the system's central control and 
monitoring station if the aggregate off-axis EIRP spectral-densities of 
the transmitter or transmitters exceed the off-axis EIRP-density limits 
specified in paragraph (a)(3)(i) of this section.
* * * * *
    (7) Except for ESV systems operating pursuant to paragraph (a)(2) 
of this section, ESV systems authorized pursuant to this section shall 
be eligible for a license that lists ALSAT as an authorized point of 
communication.


0
3. Amend Sec.  25.222 as follows:
0
a. Revise paragraph (a) introductory text;
0
b. Revise paragraphs (a)(1)(ii) introductory text and (a)(1)(iii) 
introductory text;
0
c. Revise paragraph (a)(2) introductory text;
0
d. Revise paragraph (a)(2)(iii);
0
e. Redesignate paragraphs (a)(3) through (a)(7) as paragraphs (a)(4) 
through (a)(8);
0
f. Add new paragraph (a)(3);

[[Page 50052]]

0
g. Revise paragraph (b) introductory text;
0
h. Revise paragraph (b)(2) introductory text;
0
i. Revise paragraph (b)(2)(iv);
0
j. Redesignate paragraphs (b)(3) through (b)(5) as paragraphs (b)(4) 
through (b)(6); and
0
k. Add new paragraphs (b)(3) and (b)(7).


Sec.  25.222  Blanket Licensing provisions for Earth Stations on 
Vessels (ESVs) receiving in the 10.95-11.2 GHz (space-to-Earth), 11.45-
11.7 GHz (space-to-Earth), 11.7-12.2 GHz (space-to-Earth) frequency 
bands and transmitting in the 14.0-14.5 GHz (Earth-to-space) frequency 
band, operating with Geostationary Orbit (GSO) Satellites in the Fixed-
Satellite Service.

    (a) The following ongoing requirements govern all ESV licensees and 
operations in the 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 GHz 
(space-to-Earth), 11.7-12.2 GHz (space-to-Earth) frequency bands and 
14.0-14.5 GHz (Earth-to-space) bands transmitting to GSO satellites in 
the fixed-satellite service. ESV licensees must comply with the 
requirements in paragraph (a)(1), (a)(2) or (a)(3) of this section and 
all of the requirements set forth in paragraphs (a)(4) through (a)(8) 
of this section. Paragraph (b) of this section identifies items that 
must be included in the application for ESV operations to demonstrate 
that these ongoing requirements will be met.
    (1) * * *
    (ii) Except for ESV systems operating under paragraph (a)(3) of 
this section, each ESV transmitter must meet one of the following 
antenna pointing error requirements:
* * * * *
    (iii) Except for ESV systems operating under paragraph (a)(3) of 
this section, each ESV transmitter must meet one of the following 
cessation of emission requirements:
* * * * *
    (2) The following requirements shall apply to an ESV that uses off-
axis EIRP spectral-densities in excess of the levels in paragraph 
(a)(1)(i) or (a)(3)(i) of this section. An ESV or ESV system operating 
under this paragraph (a)(2) shall file certifications and provide a 
detailed demonstration(s) as described in paragraph (b)(2) of this 
section.
* * * * *
    (iii) The ESV shall operate in accordance with the off-axis EIRP 
spectral-densities that the ESV supplied to the target satellite 
operator in order to obtain the certifications listed in paragraph 
(b)(2) of this section. Except for ESVs with variable power systems, 
the ESV shall automatically cease emissions within 100 milliseconds if 
the ESV transmitter exceeds the off-axis EIRP spectral-densities 
supplied to the target satellite operator. For ESVs using variable 
power systems, the individual ESV transmitter shall automatically cease 
or reduce emissions within 100 milliseconds if the ESV transmitter 
exceeds the off-axis EIRP-density limits supplied to the target 
satellite operator; the individual transmitter must be self-monitoring 
and capable of shutting itself off; and if one or more ESV transmitters 
causes the aggregate off-axis EIRP-densities to exceed the off-axis 
EIRP-density limits supplied to the target satellite operator, then the 
transmitter or transmitters shall cease or reduce emissions within 100 
milliseconds of receiving a command from the system's central control 
and monitoring station.
    (3) The following requirements shall apply to an ESV system that 
uses variable power-density control of individual simultaneously 
transmitting co-frequency ESV earth stations in the same satellite 
receiving beam unless that ESV system operates pursuant to paragraph 
(a)(2) of this section. An ESV system operating under this paragraph 
(a)(3) shall provide a detailed demonstration as described in paragraph 
(b)(3) of this section.
    (i) The effective aggregate EIRP-density from all terminals shall 
be at least 1 dB below the off-axis EIRP-density limits defined in 
paragraph (a)(1)(i) of this section, with the value of N=1. 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 transmitter 
operating 1 dB below the limits defined in paragraph (a)(1)(i) of this 
section. An ESV system operating under this paragraph (a)(3) shall 
provide a detailed demonstration as described in paragraph (b)(3)(i) of 
this section.
    (ii) The individual ESV transmitter shall automatically cease or 
reduce emissions within 100 milliseconds if the ESV transmitter exceeds 
the off-axis EIRP-density limits specified in paragraph (a)(3)(i) of 
this section. The individual transmitter must be self-monitoring and 
capable of shutting itself off. If one or more ESV transmitters causes 
the aggregate off-axis EIRP-densities to exceed the off-axis EIRP-
density limits specified in paragraph (a)(3)(i) of this section, then 
the transmitter or transmitters shall cease or reduce emissions within 
100 milliseconds of receiving a command from the system's central 
control and monitoring station.
* * * * *
    (b) Applications for ESV operation in the 14.0-14.5 GHz (Earth-to-
space) band to GSO satellites in the fixed-satellite service must 
include, in addition to the particulars of operation identified on Form 
312, and associated Schedule B, the applicable technical demonstrations 
in paragraph (b)(1), (b)(2) or (b)(3) of this section and the 
documentation identified in paragraphs (b)(4) through (b)(7) of this 
section.
* * * * *
    (2) An ESV 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) or (a)(3)(i) 
of this section shall provide the following certifications and 
demonstration(s) as exhibits to its earth station application:
* * * * *
    (iv) Except for variable power ESV applicants, 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. Variable power ESV applicants shall 
provide a detailed showing that an individual ESV terminal is capable 
of automatically ceasing or reducing emissions within 100 milliseconds 
if the ESV transmitter exceeds the off-axis EIRP spectral-densities 
supplied to the target satellite operator; that the individual 
transmitter is self-monitoring and capable of shutting itself off; and 
that one or more transmitters are capable of automatically ceasing or 
reducing emissions within 100 milliseconds of receiving the appropriate 
command from the system's central control and monitoring station if the 
aggregate off-axis EIRP spectral-densities of the transmitter or 
transmitters exceed the off-axis EIRP spectral-densities supplied to 
the target satellite operator.
    (3) An ESV applicant proposing to implement an ESV system under 
paragraph (a)(3) of this section and using variable power-density 
control of individual simultaneously transmitting co-frequency ESV 
earth stations in the same satellite receiving beam shall provide the 
information in paragraphs (b)(3)(i) and (b)(3)(ii) of this section as 
exhibits to its ESV application. The International Bureau will place 
these showings on Public Notice along with the application.

[[Page 50053]]

    (i) The ESV applicant shall provide 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 paragraph (a)(1)(i) 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 ESV 
transmitter operating at 1 dB below the limits defined in paragraph 
(a)(1)(i) of this section.
    (ii) The ESV applicant shall provide a detailed showing that an 
individual ESV terminal is capable of automatically ceasing emissions 
within 100 milliseconds if the ESV transmitter exceeds the off-axis 
EIRP-density limit specified in paragraph (a)(3)(i) of this section and 
that the individual transmitter is self-monitoring and capable of 
shutting itself off. The ESV applicant shall also provide a detailed 
showing that one or more transmitters are capable of automatically 
ceasing or reducing emissions within 100 milliseconds of receiving the 
appropriate command from the system's central control and monitoring 
station if the aggregate off-axis EIRP spectral-densities of the 
transmitter or transmitters exceed the off-axis EIRP-density limits 
specified in paragraph (a)(3)(i) of this section.
* * * * *
    (7) Except for ESV systems operating pursuant to paragraph (a)(2) 
of this section, ESV systems authorized pursuant to this section shall 
be eligible for a license that lists ALSAT as an authorized point of 
communication.
* * * * *
[FR Doc. 2012-20202 Filed 8-17-12; 8:45 am]
BILLING CODE 6712-01-P