[Federal Register Volume 78, Number 87 (Monday, May 6, 2013)]
[Notices]
[Pages 26364-26367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10596]



[[Page 26364]]

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FEDERAL COMMUNICATIONS COMMISSION


Information Collections Being Submitted for Review and Approval 
to the Office of Management and Budget

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. An agency 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 control number. Comments are requested concerning 
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; the accuracy of 
the Commission's burden estimate; ways to enhance the quality, utility, 
and clarity of the information collected; 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 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 comments should be submitted on or before June 5, 2013. 
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 contacts below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, OMB, via fax 
202-395-5167, or via email [email protected]; and to 
Cathy Williams, FCC, via email [email protected] mailto:[email protected] and to 
[email protected]. Include in the comments the OMB control number 
as shown in the ``Supplementary Information'' section below.

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection, contact Cathy Williams at (202) 418-
2918. To view a copy of this information collection request (ICR) 
submitted to OMB: (1) Go to the Web page http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the Web page called ``Currently 
Under Review,'' (3) click on the downward-pointing arrow in the 
``Select Agency'' box below the ``Currently Under Review'' heading, (4) 
select ``Federal Communications Commission'' from the list of agencies 
presented in the ``Select Agency'' box, (5) click the ``Submit'' button 
to the right of the ``Select Agency'' box, (6) when the list of FCC 
ICRs currently under review appears, look for the OMB control number of 
this ICR and then click on the ICR Reference Number. A copy of the FCC 
submission to OMB will be displayed.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0937.
    Title: Establishment of a Class A Television Service, MM Docket No. 
00-10.
    Form Number: Not applicable.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Frequency of Response: Recordkeeping requirement; Third party 
disclosure requirement; On occasion and quarterly reporting 
requirements.
    Number of Respondents and Responses: 430 respondents; 10,850 
responses.
    Estimated Time per Response: 0.017 hours-52 hours.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection of information is contained in 
Sections 154(i), 307, 308, 309 and 319 of the Communications Act of 
1934, as amended.
    Total Annual Burden: 202,133 hours.
    Total Annual Cost: $1,911,000.
    Privacy Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: On November 29, 1999, the Community Broadcasters 
Protection Act of 1999 (CBPA), Public Law 106-113, 113 Stat. Appendix I 
at pp. 1501A-594-1501A-598 (1999), codified at 47 U.S.C. Section 
336(f), was enacted. That legislation provided that a low power 
television (LPTV) licensee should be permitted to convert the secondary 
status of its station to the new Class A status, provided it can 
satisfy certain statutorily-established criteria. The CBPA directs that 
Class A licensees be subject to the same license terms and renewal 
standards as full-power television licenses and that Class A licensees 
be accorded primary status as television broadcasters as long as they 
continue to meet the requirements set forth in the statute for a 
qualifying low power station. The CBPA sets out certain certification 
and application procedures for LPTV licensees seeking Class A 
designation, prescribes the criteria LPTV licensees must meet to be 
eligible for Class A licenses, and outlines the interference protection 
Class A applicants must provide to analog, digital, LPTV and TV 
translator stations.
    The CBPA directs that Class A stations must comply with the 
operating requirements for full-service television broadcast stations. 
Therefore, beginning on the date of its application for a Class A 
license and thereafter, a station must be ``in compliance'' with the 
Commission's operating rules for full-service television stations, 
contained in 47 CFR part 73.
    OMB Control Number: 3060-0700.
    Title: Open Video Systems Provisions, FCC Form 1275.
    Form Number: FCC Form 1275.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities; and State, 
Local or Tribal Government.
    Number of Respondents and Responses: 280 respondents; 4,672 
respondents.
    Frequency of Response: Recordkeeping requirement; Third party 
disclosure requirement; On occasion reporting requirement.
    Estimated Time per Response: 0.25 to 20 hours.
    Total Annual Burden: 9,855 hours.
    Total Annual Costs: None.
    Privacy Impact Assessment: No impact(s).
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in Section 302 of 
the Communications Act of 1934, as amended.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: Section 302 of the 1996 Telecommunications Act 
provides for specific entry options for telephone companies wishing to 
enter the video programming marketplace, one option being to provide 
cable service over an

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``open video system'' (``OVS''). The rule sections that are covered by 
this collection relate to OVS.
    OMB Control Number: 3060-xxxx.
    Title: Earth Stations Aboard Aircraft (ESAA).
    Form Number: Not applicable.
    Type of Review: New information collection.
    Respondents: Businesses or other for-profit entities.
    Number of Respondents and Responses: 6 respondents and 54 
responses.
    Estimated Time per Response: 1-4 hours.
    Frequency of Response: On occasion reporting requirement; Third-
party disclosure requirement.
    Total Annual Burden: 114 hours.
    Total Annual Costs: $16,200.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Obligation to Respond: Required to obtain or retain benefits. The 
Commission has statutory authority for the information collection 
requirements under 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), and 303(y).
    Privacy Assessment: No impact(s).
    Needs and Uses: The Federal Communications Commission 
(``Commission'') is seeking approval from the Office of Management and 
Budget (OMB) in order to establish a new information collection titled, 
``Earth Stations Aboard Aircraft.''
    On December 28, 2012, the Commission released a Notice of Proposed 
Rulemaking and Report and Order titled, ``Revisions to Parts 2 and 25 
of the Commission's Rules to Govern the Use of Earth Stations Aboard 
Aircraft Communicating with Fixed-Satellite Service Geostationary-Orbit 
Space Stations Operating in the 10.95-11.2 GHz, 11.45-11.7 GHz, 11.7-
12.2 GHz and 14.0-14.5 GHz Frequency Bands and Service Rules and 
Procedures to Govern the Use of Aeronautical Mobile Satellite Service 
Earth Stations in Frequency Bands Allocated to the Fixed Satellite 
Service,'' IB Docket Nos. 12-376 and 05-20, FCC 12-161 (``ESAA Report 
and Order'').
    The Notice of Proposed Rulemaking portion of the rulemaking does 
not contain any new or modified information collection requirements. 
The new information collection requirements contained in the Report and 
Order are as follows:
    47 CFR 25.132(b)(3)--Applicants seeking authority to use an antenna 
that does not meet the standards set forth in Sec. Sec.  25.209(a) and 
(b), pursuant to the procedure set forth in Sec.  25.220, Sec.  25.221, 
Sec.  25.222, Sec.  25.223, Sec.  25.226 or Sec.  25.227 of this part, 
are required to submit a copy of the manufacturer's range test plots of 
the antenna gain patterns specified in paragraph (b)(1) of this 
section.
    47 CFR 25.227(b)--Applications for ESAA operation in the 14.0-14.5 
GHz (Earth-to-space) band to GSO satellites in the Fixed-Satellite 
Service shall include, in addition to the particulars of operation 
identified on Form 312, and associated Schedule B, the applicable 
technical demonstrations in paragraphs (b)(1), (b)(2) or (b)(3) and the 
documentation identified in paragraphs (b)(4) through (b)(8) of this 
section.
    (1) An ESAA applicant proposing to implement a transmitter under 
paragraph (a)(1) of this section shall demonstrate that the transmitter 
meets the off-axis EIRP spectral-density limits contained in paragraph 
(a)(1)(i) of this section. To provide this demonstration, the 
application shall include the tables described in paragraph (b)(1)(i) 
of this section or the certification described in paragraph (b)(1)(ii) 
of this section. The ESAA applicant also shall provide the value N 
described in paragraph (a)(1)(i)(A) of this section. An ESAA applicant 
proposing to implement a transmitter under paragraph (a)(1)(ii)(A) of 
this section shall provide the certifications identified in paragraph 
(b)(1)(iii) of this section. An ESAA applicant proposing to implement a 
transmitter under paragraph (a)(1)(ii)(B) of this section shall provide 
the demonstrations identified in paragraph (b)(1)(iv) of this section.
    (i) Any ESAA applicant filing an application pursuant to paragraph 
(a)(1) of this section shall file three tables and/or graphs depicting 
off-axis EIRP density masks defined by 25.227(a) and measured off-axis 
EIRP density levels of the proposed earth station antenna in the 
direction of the plane of the GSO; the co-polarized EIRP density in the 
elevation plane, that is, the plane perpendicular to the plane of the 
GSO; and cross-polarized EIRP density. Each table shall provide the 
EIRP density 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.
    (A) For purposes of the off-axis EIRP density table in the plane of 
the GSO, the off-axis angle is the angle in degrees from the line 
connecting the focal point of the antenna to the orbital location of 
the target satellite, and the plane of the GSO is determined by the 
focal point of the antenna and the line tangent to the arc of the GSO 
at the orbital position of the target satellite.
    (B) For purposes of the off-axis co-polarized EIRP density table in 
the elevation plane, the off-axis angle is the angle in degrees from 
the line connecting the focal point of the antenna to the orbital 
location of the target satellite, and the elevation plane is defined as 
the plane perpendicular to the plane of the GSO defined in paragraph 
(b)(1)(i)(A) of this section.
    (C) For purposes of the cross-polarized EIRP density table, the 
off-axis angle is the angle in degrees from the line connecting the 
focal point of the antenna to the orbital location of the target 
satellite and the plane of the GSO as defined in paragraph (b)(1)(i)(A) 
of this section will be used.
    (ii) An ESAA applicant shall include a certification, in Schedule 
B, that the ESAA 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.
    (iii) An ESAA applicant proposing to implement a transmitter under 
paragraphs (a)(1)(ii)(A) of this section shall:
    (A) Demonstrate that the total tracking error budget of their 
antenna is within 0.2[deg] or less between the orbital location of the 
target satellite and the axis of the main lobe of the ESAA antenna. As 
part of the engineering analysis, the ESAA applicant must show that the 
antenna pointing error is within three sigma ([bcy]) from the mean 
value; and
    (B) Demonstrate 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 ESAA antenna exceeds 0.5[deg].
    (iv) An ESAA 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 ESAA transmitter can detect if the 
transmitter exceeds the declared maximum antenna

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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 ESAA 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 ESAA antenna is less than or equal to the 
declared maximum antenna pointing error.
    (2) An ESAA 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 ESAA has the potential to receive harmful 
interference from adjacent satellite networks that may be unacceptable.
    (ii) A statement from the target satellite operator certifying that 
the power density levels that the ESAA 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 ESAA applicant in 
all future coordination agreements.
    (iv) A demonstration from the ESAA operator that the ESAA system 
will comply with all coordination agreements reached by the satellite 
operator and 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.
    (3) An ESAA applicant proposing to implement an ESAA system under 
paragraph (a)(3) of this section and using variable power-density 
control of individual simultaneously transmitting co-frequency ESAA 
earth stations in the same satellite receiving beam shall provide the 
following certifications and demonstration as exhibits to its earth 
station application:
    (i) The applicant shall make a detailed showing of the measures it 
intends to employ to maintain the effective aggregate EIRP density from 
all simultaneously transmitting co-frequency terminals operating with 
the same satellite transponder at least 1 dB below the off-axis 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 ESAA 
transmitter operating at 1 dB below the limits defined in paragraphs 
(a)(1)(i)(A)-(C) of this section. The applicant also must demonstrate 
that an individual transmitter and the entire ESAA system is capable of 
automatically ceasing emissions within 100 milliseconds if the 
aggregate off-axis EIRP-densities exceed the off-axis EIRP density 
limits minus 1 dB, as set forth in paragraph (a)(3)(i) of this section. 
The International Bureau will place this showing on public notice along 
with the application.
    (ii) An applicant proposing to implement an ESAA system under 
paragraph (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 ESAA 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 ESAA 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 ESAA 
applicant in all future coordination agreements.
    (E) A demonstration from the ESAA operator that the ESAA 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 ESAA system will operate.
    (4) There shall be an exhibit included with the application 
describing the geographic area(s) in which the ESAA will operate.
    (5) Any ESAA applicant filing for an ESAA terminal or system and 
planning to use a contention protocol shall include in its application 
a certification that will comply with the requirements of paragraph 
(a)(4) of this section.
    (6) The point of contact referred to in paragraph (a)(5) of this 
section shall be included in the application.
    (7) Any ESAA applicant filing for an ESAA terminal or system shall 
include in its application a certification that will comply with the 
requirements of paragraph (a)(6), (a)(9), (a)(10), (a)(11) of this 
section.
    (8) All ESAA applicants shall submit a radio frequency hazard 
analysis determining via calculation, simulation, or field measurement 
whether ESAA terminals, or classes of terminals, will produce power 
densities that will exceed the Commission's radio frequency exposure 
criteria. ESAA applicants with ESAA terminals that will exceed the 
guidelines in Section 1.1310 for radio frequency radiation exposure 
shall provide, with their environmental assessment, a plan for 
mitigation of radiation exposure to the extent required to meet those 
guidelines. All ESAA licensees shall ensure installation of ESAA 
terminals on aircraft by qualified installers who have an understanding 
of the antenna's radiation environment and the measures best suited to 
maximize protection of the general public and persons operating the 
vehicle and equipment. An ESAA terminal exhibiting radiation exposure 
levels exceeding 1.0 mW/cm[FN2] in accessible areas, such as at the 
exterior surface of the radome, shall have a label attached to the 
surface of the terminal warning about the radiation hazard and shall 
include thereon a diagram showing the regions around the terminal where 
the radiation levels could exceed 1.0 mW/cm[FN2].
    47 CFR 25.227(c)(1)--Operations of ESAAs in the 14.0-14.2 GHz 
(Earth-to-space) frequency band in the radio line-of-sight of the NASA 
TDRSS facilities on Guam (latitude 13[deg]36[min]55[sec] N, longitude 
144[deg]51[min]22[sec] E) or White Sands, New Mexico (latitude 
32[deg]20[min]59[sec] N,

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longitude 106[deg]36[min]31[sec] W and latitude 32[deg]32[min]40[sec] 
N, longitude 106[deg]36[min]48[sec] W) are subject to coordination with 
the National Aeronautics and Space Administration (NASA) through the 
National Telecommunications and Information Administration (NTIA) 
Interdepartment Radio Advisory Committee (IRAC). Licensees shall notify 
the International Bureau once they have completed coordination. Upon 
receipt of such notification from a licensee, the International Bureau 
will issue a public notice stating that the licensee may commence 
operations within the coordination zone in 30 days if no party has 
opposed the operations.
    47 CFR 25.227(c)(2)--When NTIA seeks to provide similar protection 
to future TDRSS sites that have been coordinated through the IRAC 
Frequency Assignment Subcommittee process, NTIA will notify the 
Commission's International Bureau that the site is nearing operational 
status. Upon public notice from the International Bureau, all Ku-band 
ESAA licensees shall cease operations in the 14.0-14.2 GHz band within 
radio line-of-sight of the new TDRSS site until the licensees complete 
coordination with NTIA/IRAC for the new TDRSS facility. Licensees shall 
notify the International Bureau once they have completed coordination 
for the new TDRSS site. Upon receipt of such notification from a 
licensee, the International Bureau will issue a public notice stating 
that the licensee may commence operations within the coordination zone 
in 30 days if no party has opposed the operations. The ESAA licensee 
then will be permitted to commence operations in the 14.0-14.2 GHz band 
within radio line-of-sight of the new TDRSS site, subject to any 
operational constraints developed in the coordination process.
    47 CFR 25.227(d)(1)--Operations of ESAA in the 14.47-14.5 GHz 
(Earth-to-space) frequency band in the radio line-of-sight of radio 
astronomy service (RAS) observatories observing in the 14.47-14.5 GHz 
band are subject to coordination with the National Science Foundation 
(NSF). The appropriate NSF contact point to initiate coordination is 
Electromagnetic Spectrum Manager, NSF, 4201 Wilson Blvd., Suite 1045, 
Arlington, VA 22203, fax 703-292-9034, email [email protected]. Licensees 
shall notify the International Bureau once they have completed 
coordination. Upon receipt of the coordination agreement from a 
licensee, the International Bureau will issue a public notice stating 
that the licensee may commence operations within the coordination zone 
in 30 days if no party has opposed the operations.
    47 CFR 25.227(d)(2)--A list of applicable RAS sites and their 
locations can be found in 25.226(d)(2) Table 1.
    47 CFR 25.227(d)(3)--When NTIA seeks to provide similar protection 
to future RAS sites that have been coordinated through the IRAC 
Frequency Assignment Subcommittee process, NTIA will notify the 
Commission's International Bureau that the site is nearing operational 
status. Upon public notice from the International Bureau, all Ku-band 
ESAA licensees shall cease operations in the 14.47-14.5 GHz band within 
the relevant geographic zone of the new RAS site until the licensees 
complete coordination for the new RAS facility. Licensees shall notify 
the International Bureau once they have completed coordination for the 
new RAS site and shall submit the coordination agreement to the 
Commission. Upon receipt of such notification from a licensee, the 
International Bureau will issue a public notice stating that the 
licensee may commence operations within the coordination zone in 30 
days if no party has opposed the operations. The ESAA licensee then 
will be permitted to commence operations in the 14.47-14.5 GHz band 
within the relevant coordination distance around the new RAS site, 
subject to any operational constraints developed in the coordination 
process.
    If various data in this collection were not filed in conjunction 
with our rules, then applicants and licensees would not obtain the 
authorization necessary to provide telecommunications services; the 
Commission would not be able to carry out its mandate as required by 
statute; and applicants and licensees would not be able to effectively 
provide services to the public.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2013-10596 Filed 5-3-13; 8:45 am]
BILLING CODE 6712-01-P