[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Proposed Rules]
[Pages 27652-27674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12189]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 25

[IB Docket No. 17-95; FCC 17-56]


Amends Rules Related to Satellite Earth Stations Mounted on 
Vessels, Vehicles and Aircraft

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) proposes to streamline, consolidate, and harmonize rules 
governing earth stations in motion (ESIMs) used to provide satellite-
based services on ships, airplanes and vehicles communicating with 
geostationary-satellite orbit (GSO), fixed-satellite service (FSS) 
satellite systems.

DATES: Comments are due on or before July 31, 2017. Reply comments are 
due on or before August 30, 2017.

ADDRESSES: You may submit comments, identified by IB Docket No. 17-95, 
by any of the following methods:
     Federal Communications Commission's Web site: http://apps.fcc.gov/ecfs. Follow the instructions for submitting comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Cindy Spiers, 202-418-1593.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM), FCC 17-56, adopted May 18, 2016, and 
released May 19, 2017. The full text of the NPRM is available at 
https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-56A1.pdf. The NPRM 
is also available for inspection and copying during business hours in 
the FCC Reference Information Center, Portals II, 445 12th Street SW., 
Room CY-A257, Washington, DC 20554. To request materials in accessible 
formats for people with disabilities, send an email to [email protected] 
or call the Consumer & Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (TTY).

Comment Filing Requirements

    Interested parties may file comments and reply comments on or 
before the dates indicated in the DATES section above. Comments may be 
filed using the Commission's Electronic Comment Filing System (ECFS).
     Electronic Filers. Comments may be filed electronically 
using the Internet by accessing the ECFS, http://apps.fcc.gov/ecfs.
     Paper Filers. Parties who file by paper must include an 
original and four copies of each filing.
    Filings may be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th Street SW., Room TW-A325, Washington, DC 20554. All hand 
deliveries must be held together with rubber bands or fasteners. Any 
envelopes must be disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW., Washington DC 20554.
     Persons With Disabilities. To request materials in 
accessible formats for persons with disabilities (Braille, large print, 
electronic files, audio format), or to request reasonable 
accommodations for filing comments (accessible format documents, sign 
language interpreters, CART, etc.), send an email to [email protected] or 
call 202-418-0530 (voice) or 202-418-0432 (TTY).

Ex Parte Presentations

    We will treat this proceeding as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. Persons 
making ex parte presentations must file a copy of any written 
presentation or a memorandum summarizing any oral presentation within 
two business days after the presentation (unless a different deadline 
applicable to the Sunshine period applies). Persons making oral ex 
parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2) summarize all data presented and arguments made during 
the presentation. If the presentation consisted in whole or in part of 
the presentation of data or arguments already reflected in the 
presenter's written comments, memoranda or other filings in the 
proceeding, the presenter may provide citations to such data or 
arguments in his or her prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph

[[Page 27653]]

numbers where such data or arguments can be found) in lieu of 
summarizing them in the memorandum. Documents shown or given to 
Commission staff during ex parte meetings are deemed to be written ex 
parte presentations and must be filed consistent with rule 1.1206(b). 
In proceedings governed by rule 1.49(f) or for which the Commission has 
made available a method of electronic filing, written ex parte 
presentations and memoranda summarizing oral ex parte presentations, 
and all attachments thereto, must be filed through the electronic 
comment filing system available for that proceeding, and must be filed 
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). 
Participants in this proceeding should familiarize themselves with the 
Commission's ex parte rules.

Paperwork Reduction Act

    This document contains proposed new and modified information 
collection requirements. The Commission, as part of its continuing 
effort to reduce paperwork burdens, invites the general public and the 
Office of Management and Budget to comment on the information 
collection requirements contained in this document, as required by the 
Paperwork Reduction Act of 1995. In addition, pursuant to the Small 
Business Paperwork Relief Act of 2002, we seek specific comment on how 
we might further reduce the information collection burden for small 
business concerns with fewer than 25 employees.

Synopsis

    In this Notice of Proposed Rulemaking (NPRM), the Commission seeks 
comment on two broad proposals to facilitate the deployment of Earth 
Stations in Motion (ESIMs) and reduce the regulatory burdens on ESIMs. 
First, we propose to reorganize and consolidate the sections in part 25 
of the Commission's rules, including technical and operational as well 
as application rules, for the three types of Fixed-Satellite Service 
(FSS) earth stations that the Commission authorizes to transmit while 
in motion: Earth Stations on Vessels (ESVs), Vehicle-Mounted Earth 
Stations (VMESs), and Earth Stations Aboard Aircraft (ESAAs). We will 
refer to these earth stations collectively as ESIMs.
    Second, we propose new rules to allow the operation of ESIMs in the 
conventional Ka-band. Specifically, our proposals would apply to ESIMs 
communicating with geostationary-orbit (GSO) FSS space stations 
operating in 18.3-18.8 GHz and 19.7-20.2 GHz (space-to-Earth), and 
28.35-28.6 GHz and 29.25-30.0 GHz (Earth-to-space) frequency bands.\1\ 
The proposed rule changes for ESIMs in the conventional Ka-band would 
promote innovative and flexible use of satellite technology, and 
provide new opportunities for a variety of uses. The proposed rules 
would also create regulatory equity by adopting a regulatory regime for 
ESIM operations in the conventional Ka-band similar to that which 
currently exists in the conventional C-band, the conventional Ku-band, 
and in portions of the extended Ku-band.\2\ We seek comment on these 
proposals and solicit input on other ideas for streamlining our rules 
while providing flexibility moving forward.
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    \1\ While there currently are NGSO FSS ESIM operations in 
portions of the 17.8-20.2 GHz and 27.5-30.0 GHz bands, authorized on 
a non-harmful-interference basis, O3b Limited Radio Station 
Authorization, IBFS File No. SES-LIC-20130528-00455 (granted May 13, 
2014), this NPRM will only address the GSO FSS ESIM operations. O3b 
and SES Americom request that we expand the scope of this proceeding 
to cover NGSO ESIM operations. See Letter from Suzanne Malloy, Vice 
President, Regulatory Affairs, O3b Limited, and Petra A. Vorwig, 
Senior Legal & Regulatory Counsel, SES Americom, Inc. to Marlene H. 
Dortch, Secretary, FCC, IB Docket No. 17-95 (filed May 12, 2017). 
O3b and SES Americom's request is premature. There is an open 
proceeding addressing NGSO FSS licensing and service rules and the 
Commission will be in a better position to propose rules for ESIMs 
communicating with NGSO satellites after the resolution of technical 
rules in that proceeding. See Update to Parts 2 and 25 Concerning 
Non-Geostationary, Fixed-Satellite Service Systems and Related 
Matters, IB Docket No. 16-408, Notice of Proposed Rulemaking, 31 FCC 
Rcd 13651 (2016).
    \2\ The ``conventional C-band'' refers to the 3700-4200 MHz 
(space-to-Earth) and 5925-6425 MHz (Earth-to-space) FSS frequency 
bands. See 47 CFR 25.103. The ``conventional Ku-band'' refers to the 
11.7-12.2 GHz (space-to-Earth) and 14.0-14.5 GHz (Earth-to-space) 
FSS frequency bands, and the ``extended Ku-band'' refers to the 
10.95-11.2 GHz, 11.45-11.7 GHz, and 13.75-14.0 GHz bands.
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Proposal Overview

    Part 25 of the Commission's rules is organized in the following 
manner: Subpart A contains general rules relating to scope and 
definitions; Subpart B contains rules relating to application filing 
requirements and licensing procedures; Subpart C provides technical 
standards for licensing earth and space stations; and Subpart D 
contains rules governing the technical operations of earth and space 
station operations.\3\ In this NPRM, we propose to make revisions in 
each of these subparts. Through this proceeding, to the extent 
possible, we propose to eliminate duplicative rule provisions that 
apply to ESIMs on specific vehicle types operating in specific 
frequency bands and require instead that ESIMs meet the same 
requirements as fixed and temporary fixed earth stations. We propose to 
maintain those rule provisions that ensure that FSS earth stations 
operating while in motion do not cause more interference than FSS earth 
stations at fixed locations. We seek comment on these proposals.
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    \3\ In addition, Subpart E is reserved, Subpart F relates to 
competitive bidding procedures for the satellite digital audio radio 
service, Subparts G and H are reserved, Subpart I relates to equal 
employment opportunities, and Subpart J relates to public interest 
obligations. We do not propose any changes to Subparts E through J 
in this NPRM.
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Definitions

    In this NPRM, we propose to amend current definitions and add new 
definitions that will allow for greater clarity regarding the operation 
of earth stations in motion with GSO FSS space stations. We seek 
comment on these proposals.
    Definition of ESIMs. We propose to define Earth Stations in Motion 
(ESIMs) in Sec.  25.103 to mean a term that collectively designates 
ESVs, VMESs and ESAAs, which are already defined in Sec.  25.103.
    Revised Definition of Blanket License. We propose to amend the 
definition of Blanket License in Sec.  25.103.\4\ We propose to change 
the designation of the type of earth station in this definition, i.e., 
fixed or mobile, to refer instead to the type of satellite service in 
which the earth station operates, i.e., FSS or MSS. Changing the earth-
station categorization in this definition to FSS and MSS better 
reflects the nature of ESIM operations as proposed in this NPRM. 
Additionally we propose minor rewording of the second clause to more 
directly mirror the first clause of the definition. Specifically, the 
revised definition of Blanket License, as proposed, would read: ``A 
license for: (1) multiple earth stations in the FSS or MSS, or for 
SDARS terrestrial repeaters, that may be operated anywhere within a 
geographic area specified in the license, or (2) for multiple space 
stations in non-geostationary-orbit.''
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    \4\ The current definition of Blanket License states: ``A 
license for multiple fixed or mobile earth stations or SDARS 
terrestrial repeaters that may be operated anywhere within a 
geographic area specified in the license, or for multiple non-
geostationary-orbit space stations.'' 47 CFR 25.103.
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    Definition of Network Control and Monitoring Center (NCMC). We 
propose to add a definition of Network Control and Monitoring Center to 
Sec.  25.103. An NCMC, as used in the part 25 rules, is a facility that 
has the capability to remotely control earth stations operating

[[Page 27654]]

as any part of a satellite network or system.\5\
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    \5\ As such, an NCMC would constitute a ``remote control point'' 
as that term is used in the Part 25 rules (see, e.g., 47 CFR 
25.271(b), 25.272(d)(1)).
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    Revised Definitions of VMES and ESAA. Because we are proposing to 
consolidate the current VMES and ESAA operating requirements (now 
codified in Sec. Sec.  25.226 and 25.227, respectively) into a new ESIM 
section (proposed as Sec.  25.228), Sec. Sec.  25.226 and 25.227 would 
be deleted as a consequence of that consolidation. Similarly, any 
cross-references to those deleted sections elsewhere in the rules would 
need to be deleted as well. As such cross-references appear in the 
Sec.  25.103 definitions of VMES and ESAA, we propose to revise these 
definitions accordingly.\6\
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    \6\ While we are also proposing to bring the section 25.221 and 
25.222 operating requirements for ESVs under the same umbrella that 
will cover VMESs and ESAAs (i.e., the umbrella of the proposed 
section 25.228 for ESIMs), the section 25.103 definition of ESVs 
would not need to be revised to eliminate any outdated cross-
references because it does not now contain any cross-references.
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    Revised Definition of Routine Processing. The current definition of 
routine processing in Sec.  25.103 includes a cross-reference to Sec.  
25.138(a), which we propose to consolidate into Sec.  25.218(i). We 
propose to delete this cross-reference, because the definition already 
includes a cross-reference to Sec.  25.218.
    Revised Definition of Two-Degree Compliant Space Station. The 
current definition of a two-degree compliant space station in Sec.  
25.103 contains a cross-reference to Sec.  25.138, which we propose to 
consolidate with Sec.  25.218, and cross-references to Sec. Sec.  
25.221, 25.222, 25.226, and 25.227 in connection with off-axis e.i.r.p. 
limits that we also propose be included in Sec.  25.218. We therefore 
propose to update this definition to remove the cross-references to 
Sec. Sec.  25.138, 25.221, 25.222, 25.226, and 25.227.

Incorporating Sec.  25.138 Into Sec.  25.218, and Extending the 
Applicability of Sec.  25.218 to the Conventional Ka-Band and ESIMs

    Section 25.218 contains off-axis e.i.r.p. density envelopes for FSS 
earth stations transmitting to GSO FSS space stations in the 
conventional C-band, extended C-band, conventional Ku-band, or extended 
Ku-band.\7\ Earth stations in these frequency bands that comply with 
these envelopes are considered ``two-degree-spacing compliant,'' and 
the operators of their target space stations are not required to 
coordinate their operations with operators of nearby space stations. 
25.138(a) contains similar provisions for FSS earth stations 
transmitting to GSO FSS space stations in the conventional Ka-band. To 
improve the organizational coherence of part 25, we propose to move 
these provisions of Sec.  25.138(a) into Sec.  25.218(i),\8\ and to 
extend the applicability of Sec.  25.218 to conventional Ka-band GSO 
FSS earth stations.\9\
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    \7\ We note that the rules do not currently provide for ESIM 
operations in the extended C-band.
    \8\ Table 3 lists the paragraphs of section 25.138 and the 
corresponding paragraphs of proposed section 25.138(i). As a result 
of this insertion, we propose to renumber paragraph (i) to (j) in 
section 25.218.
    \9\ We do not propose to include the space station pfd limit of 
section 25.138(a)(6) in section 25.218(i). In 2015, we recodified 
this limit in section 25.140(a)(3)(iii) but inadvertently failed to 
make the corresponding deletion to section 25.138. See Comprehensive 
Review of Licensing and Operating Rules for Satellite Services, IB 
Docket No. 12-267, Second Report and Order, 30 FCC Rcd 14713, 14755, 
para. 115 (2015) (2015 Second Report and Order). Including the limit 
in section 25.218(i) would perpetuate this inadvertent duplication. 
In contrast, deleting section 25.138(a)(6) and leaving current 
section 25.140(a)(3)(iii) intact will conform the rules to the form 
intended by the Commission's action in the 2015 Second Report and 
Order.
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    Section 25.138(b) states that operation in the conventional Ka-band 
with off-axis e.i.r.p. density levels exceeding the limits in Sec.  
25.138(a) are subject to coordination under Sec.  25.220. Current Sec.  
25.218(i) contains a similar coordination provision governing 
operations in the conventional C-band, extended C-band, conventional 
Ku-band, and extended Ku-band. To clarify the rule in Sec.  25.138(b), 
we propose to amend Sec.  25.218(i) so that it lists all of the 
frequency bands included in the revised Sec.  25.218(a).\10\
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    \10\ We propose to redesignate current section 25.218(i) as 
section 25.218(j), as a result of our proposed insertion of the 
conventional Ka-band off-axis e.i.r.p. density limits currently 
contained in section 25.138(a) into section 25.218 as paragraph (i).
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    Section 25.138(f) states that space station operators may not 
transmit communications to or from user transceivers in the United 
States in the conventional Ka-band unless such communications are 
authorized under an FCC earth station license. We propose to make this 
a general requirement applicable to space station operators in all 
frequency bands, to clarify the language of the requirement, and to 
place this requirement in a new section, Sec.  25.289. We propose that 
this requirement would be merged with Sec.  25.287(d) that imposes the 
same condition for mobile transmitters or transceivers operating in 
some Mobile-Satellite Service frequencies. Section 25.287(d) could then 
be removed. The new rule would state: ``The holder of an FCC blanket 
earth station license will be responsible for operation of any earth 
station under that license. Operators of satellite networks and systems 
must not transmit communications to or from such earth stations in the 
United States unless such communications are authorized under a service 
contract with the holder of a pertinent FCC blanket earth station 
license or under a service contract with another party with authority 
for such operation delegated by such a blanket licensee.''
    We propose applying Sec.  25.218 to all applications for fixed and 
temporary-fixed FSS earth stations transmitting to geostationary space 
stations in the conventional or extended C-band or Ku-band, or the 
conventional Ka-band, and to all applications for ESIMs in the 
conventional C-, Ku-, or Ka-band, except for applications proposing 
transmission of analog command signals at a band edge with bandwidths 
greater than 1 MHz or transmission of any other type of analog signals 
with bandwidths greater than 200 kHz. We propose modifying Sec.  
25.218(a)(1) accordingly.\11\
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    \11\ We propose to retain the exception for analog video earth 
station applications.
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Reorganizing and Streamlining the Technical and Operational and 
Coordination Requirements of Sec. Sec.  25.221, 25.222, 25.226 and 
25.227 Into Sec.  25.228

    We propose to bring all the technical, operational and coordination 
requirements for blanket licensed-ESV, VMES and ESAA earth stations 
that are linked to GSO FSS space stations--currently arrayed in 
Sec. Sec.  25.221, 25.222, 25.226 and 25.227 of our current rules--
under one new umbrella rule section applicable to ESIMs generally: 
Proposed Sec.  25.228. This current array of ESIM rules would then be 
eliminated entirely, as all the requirements therein would either be 
subsumed by new Sec.  25.228, or will be consolidated in certain other 
provisions described below.\12\ While we do not think there will be any 
significant costs associated with reorganizing and consolidating these 
rule sections, we invite comments that will help estimate costs and 
benefits of the proposals. Under the rules as they now stand, the 
technical and operational rules for each of these types of ESIMs can be 
found primarily in the paragraph (a) provisions of Sec. Sec.  25.221, 
25.222, 25.226 and 25.227, while the coordination requirements are 
primarily located in the paragraph (c) and (d)

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provisions of these same sections. Broadly speaking, some of these 
rules are the same regardless of the type of ESIM, while others vary 
depending on the vehicle type and frequency band at issue. Accordingly, 
in crafting Sec.  25.228 as an umbrella regulation that includes both 
the provisions that apply to all ESIMs and those that are tailored to 
specific circumstances, we propose to group ESIM requirements into the 
following categories, the details of which we discuss below: (1) Core 
rules (i.e. those applicable to all ESIMs); (2) vehicle-type specific 
rules that apply across multiple frequency bands; (3) frequency-band 
specific status and coordination rules; and (4) vehicle-type specific 
rules that apply to a single frequency band.
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    \12\ The discussion that follows lays out those instances where 
ESIM requirements now appearing in this array of four ESIM rule 
sections would be consolidated in a rule other than the proposed 
section 25.228, or where consolidation has effectively occurred 
because the requirement in question is duplicated in another 
existing rule.
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Core Rules

    In this NPRM, we seek comment on streamlining the core ESIMs rules. 
In this context, core rules refer to those rules that are currently the 
same for each type of ESIM and those that we propose to amend in order 
to create such uniformity. These rules are related to the Commission's 
GSO FSS two-degree orbital spacing policy, control of operating ESIMs, 
operational reports, and electromagnetic radiation safety. With regard 
to revising requirements in order to create additional uniformity, we 
propose substantive changes to some of the rules to eliminate 
unnecessary variations across types of ESIMs, eliminate unnecessary 
duplication of rules across different rule sections, and eliminate 
rules that are better served by reliance on other sections of the 
Commission's rules. Specifically, we propose substantive changes to the 
following areas of our ESIM rules: (1) Antenna pointing accuracy 
requirements, (2) e.i.r.p. density limits, (3) the self-monitoring 
(self-diagnostics) requirement, (4) the network control and monitoring 
center requirement, (5) logging requirements, and (6) the installation 
requirements related to radiation safety.
    Overview of Earth Station Licensing Rules. The licensing rules in 
part 25 for FSS earth stations transmitting digital emissions provide 
two main options for obtaining a license for an earth station at a 
fixed location. The first option is to demonstrate compliance with 
default limits on emissions in directions other than toward the target 
satellite, which are referred to as off-axis e.i.r.p. density 
limits.\13\ These limits were developed to implement the Commission's 
GSO FSS space station two-degree orbital spacing policy. They ensure 
earth station compatibility with networks using adjacent satellites in 
a two-degree orbital spacing environment by controlling the level of 
emissions from an earth station that can be transmitted toward adjacent 
satellite orbital locations. The second option is to demonstrate that 
the operations of the earth stations in the satellite network have been 
coordinated with operators of networks using adjacent satellites that 
would be affected by emissions of the earth stations that exceed the 
default off-axis e.i.r.p. density limits, under the coordination 
requirements of Sec.  25.220. Under the first option, there are two 
alternatives for showing compliance. One alternative is to demonstrate 
that the earth station antenna gain pattern comports with the off-axis 
gain limits in Sec.  25.209, and that the antenna input power density 
comports with limits in Sec.  25.212. However, this alternative is not 
currently available for ESV, VMES, or ESAA applications. The other 
alternative is to demonstrate that the off-axis e.i.r.p. density of the 
earth station emissions comports with the applicable off-axis e.i.r.p. 
density limits. There are provisions very similar to this alternative 
for ESV, VMES, and ESAA applications. In the following paragraphs, we 
propose to continue to make both options for obtaining a license 
available for ESIMs while changing our rules to allow ESIM applicants 
to use both alternatives for showing compliance under the first option.
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    \13\ The off-axis e.i.r.p. density limits are currently set 
forth in 47 CFR 25.218 for the C- and Ku-bands and in 47 CFR 25.138 
for the Ka-band.
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    Antenna Pointing Accuracy Requirement. The Commission's current 
rules for licensing ESVs, VMESs, and ESAAs all contain antenna pointing 
accuracy requirements. These requirements were based on the premise 
that highly directional earth station antennas mounted on moving 
platforms will have to accurately track the target satellite to 
maintain communications with that satellite and avoid interfering with 
reception of signals by adjacent satellites. The original ESV rules 
adopted in 2005 contained the same definition of off-axis angle, which 
the Commission called [thgr] (theta) that was used by the ITU in 
Resolution 902. According to this definition, [thgr] is measured from 
the axis of the main lobe of the ESV antenna. In the 2009 ESV 
Reconsideration Order, however, the Commission changed the definition 
of [thgr] to be consistent with a definition adopted for fixed earth 
stations that it adopted in the Part 25 Streamlining 8th R&O. In the 
definition of [thgr] adopted in 2009, the off-axis angle is measured 
with respect to a line between the focal point of the earth station 
antenna and the location of the target satellite. This definition of 
[thgr] anchors one end of the reference line from which [thgr] is 
measured to the location of the target satellite. For a GSO FSS 
satellite, which is typically authorized with a  0.05 
degree stationkeeping accuracy requirement, the reference line thus 
remains within 0.05 degrees of the line from the earth station to the 
assigned orbital location of the target satellite. In contrast, under 
the 2005 off-axis angle definition, when the axis of the main lobe of 
the earth station antenna moves, off-axis e.i.r.p. density limits tied 
to that axis would apply to directions that also move around in space. 
The 2009 definition of [thgr] is now contained in the ESV, VMES, and 
ESAA rules in Sec. Sec.  25.221, 25.222, 25.226, and 25.227.\14\ This 
definition of [thgr] obviates the need for an antenna pointing accuracy 
requirement, because the limit on off-axis e.i.r.p. toward adjacent 
satellites is fixed regardless of the direction in which the earth 
station antenna is pointed.\15\ Therefore, the ESIM rules we propose 
here eliminate the antenna pointing accuracy requirement. This will 
afford ESIM operators more flexibility, because they can meet the off-
axis e.i.r.p. density limits either by maintaining accurate antenna 
pointing or by reducing the radiated off-axis e.i.r.p. density when the 
antenna is mispointed. We seek comment on this proposal.
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    \14\ The definition of theta was revised by the 2015 Second 
Report and Order. The definition in section 25.221, 25.222, 25.226, 
and 25.227 paragraph (a)(1)(i)(A) formerly read ``theta ([thgr]) is 
the angle in degrees from the line connecting the focal point of the 
antenna to the orbital location of the target satellite''. The minor 
rewording of the definition takes into account the fact that not all 
earth stations use feedhorn-reflector type antennas with focal 
points, and the fact that earth station antennas pointed toward GSO 
FSS satellites are usually pointed to the assigned location of the 
satellite, and do not track the actual position of the target 
satellite at any given time. The same definition of theta is now 
used in section 25.209, 47 CFR 25.209.
    \15\ This is the same as the approach taken by the ITU in 
Resolution 156 (WRC-15), which prescribes the operating conditions 
for ESIMs communicating with FSS space stations in the 19.7-20.2 GHz 
and 29.5-30 GHz frequency bands. In that resolution, the off-axis 
angle theta is defined as the angle ``from the vector from the earth 
station antenna to the associated satellite''. See Final Acts of 
WRC-15 at 248. Resolution 156 does not contain any antenna pointing 
accuracy requirements, because its off-axis e.i.r.p. density limits, 
like those in section 25.218 of the Commission's rules, are 
independent of the direction the ESIM antenna is pointed. We propose 
to add footnotes 5.484B and 5.527A, which relate to ESIM use and 
were adopted in WRC-15, to the international table.
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    Off-Axis E.I.R.P. Density Limits. Section 25.218, the off-axis 
e.i.r.p. density limits rule, currently only applies to applications 
for GSO FSS earth stations at fixed locations, and

[[Page 27656]]

specifically excepts applications for ESVs, VMESs, and ESAAs. The 
numerical e.i.r.p. density limits in Sec.  25.218 over each specified 
angular range are the same as those for the same frequency bands in 
Sec. Sec.  25.221, 25.222, 25.226, and 25.227. Furthermore, the 
definition of [thgr] in Sec.  25.218 is the same as the one in 
Sec. Sec.  25.221, 25.222, 25.226, and 25.227.\16\ Thus, rather than 
duplicating the off-axis e.i.r.p. density limits in the proposed ESIMs 
rules, we propose to cross-reference the off-axis e.i.r.p. density 
limits that already exist in Sec.  25.218. More specifically, 
paragraphs (a)(1)(i) of Sec. Sec.  25.221, 25.222, 25.226, and 25.227 
prescribe off-axis e.i.r.p. spectral density limits for C- and Ku-band 
ESVs, Ku-band VMESs, and Ku-band ESAAs respectively, for applicants 
proposing to comply with the Commission's off-axis e.i.r.p. density 
limits. We propose to replace these requirements with a requirement for 
ESIM licensees to comply with the applicable off-axis e.i.r.p. density 
limits in Sec.  25.218. To extend the ESIMs rules to cover conventional 
Ka-band ESIMs, we propose that this requirement include the 
conventional Ka-band limits currently in Sec.  25.138, which we propose 
to merge into Sec.  25.218.
---------------------------------------------------------------------------

    \16\ The Commission adopted this definition of [thgr] in section 
25.218 in the 2008 Part 25 Streamlining 8th R&O.
---------------------------------------------------------------------------

    In the 2015 Second Report and Order, the Commission adopted the 
same definition of [thgr] as described in the preceding paragraph in 
Sec.  25.209, the off-axis antenna gain limits rule. Moreover, the off-
axis e.i.r.p. density limits in Sec.  25.218, and those resulting from 
the combination of antenna input power density limits in Sec.  25.212 
and antenna off-axis gain limits in Sec.  25.209 are the same as the 
off-axis e.i.r.p. density limits in Sec. Sec.  25.221, 25.222, 25.226, 
and 25.227. We thus propose to allow ESIM applicants the option of 
certifying compliance with the antenna pattern requirements of Sec.  
25.209 and the antenna input power density requirements of Sec.  
25.212, in lieu of the off-axis e.i.r.p. density limits in Sec.  
25.218. We seek comment on this proposal.
    Shutdown Requirements. Paragraphs (a)(1)(iii) of Sec. Sec.  25.221, 
25.222, 25.226, and 25.227 set forth cessation of emission requirements 
for ESV, VMES, and ESAA transmitters, based on detection of antenna 
mispointing. We propose to replace these requirements with provisions 
in paragraphs (b) and (c) of Sec.  25.228 requiring cessation or 
reduction of emissions in the event that the ESIM or its associated 
network control and monitoring system detects that the ESIM has 
exceeded or is about to exceed the off-axis e.i.r.p. density limits. We 
also propose to include a requirement in the ESIM application rules in 
Sec.  25.115 to demonstrate how that requirement will be met.
    Paragraphs (a)(2) of Sec. Sec.  25.221, 25.222, 25.226, and 25.227 
set forth requirements for ESV, VMES, and ESAA systems that operate 
with e.i.r.p. spectral density levels above the levels provided in 
paragraph (a)(1) or (a)(3) of those sections. These provisions require 
such ESIM systems to operate in accordance with the off-axis e.i.r.p. 
density levels that have been coordinated by the operator of their 
target satellite(s) with the operators of adjacent satellites. The 
underlying purpose of these paragraphs can be satisfied by requiring 
ESIM operators that plan to operate their systems with off-axis 
e.i.r.p. density levels above the limits currently codified in 
Sec. Sec.  25.138 and 25.218 to have their operations coordinated by 
their target satellite operator(s) pursuant to Sec.  25.220. 
Specifically, we propose to include a technical and operational 
requirement in Sec.  25.228(a) that would replace the current 
provisions in Sec. Sec.  25.211, 25.222, 25.226, and 25.227. Paragraphs 
(a)(2) of Sec. Sec.  25.221, 25.222, 25.226, and 25.227 also prescribe 
automatic cessation or reduction of emissions requirements in the event 
that an individual ESIM or multiple ESIMs using variable power density 
exceed the coordinated e.i.r.p. density levels. We proposed moving 
those requirements to Sec.  25.228, paragraphs (b) and (c), as 
discussed in paragraph 25 supra.
    The provisions in paragraphs (a)(3) and (a)(3)(i) of Sec. Sec.  
25.221, 25.222, 25.226, and 25.227 limit the aggregate off-axis 
e.i.r.p. density levels for ESIM systems that use variable power-
density control of individual simultaneously transmitting co-frequency 
earth stations in a target satellite receiving beam. The 2015 Second 
Report and Order adopted new provisions in Sec.  25.218, subparagraph 
(4) of paragraphs (d) (C-band) and (f) (conventional Ku-band) and in 
Sec.  25.138(a)(5) that are substantially the same as the provisions 
applying to ESIMs in paragraph (a)(3) and (a)(3)(i) of Sec. Sec.  
25.221, 25.222, 25.226, and 25.227, thus warranting consolidation of 
these provisions. As discussed above, we have therefore proposed to 
make Sec.  25.218 applicable to ESIMs, and to merge the conventional 
Ka-band off-axis e.i.r.p. density limits in Sec.  25.138 into Sec.  
25.218. Accordingly, we do not propose to include a separate 
requirement for this mode of ESIM system operation in Sec.  25.228. We 
do, however, propose to codify cessation or reduction of emissions 
provisions similar to those in paragraphs (a)(3)(ii) and (iii) of 
Sec. Sec.  25.221, 25.222, 25.226, and 25.227 in Sec.  25.228 
paragraphs (b) and (c), as we have proposed for the similar provisions 
in paragraphs (a)(1)(iii) and (a)(2) above.
    Contention Protocols. Paragraphs (a)(4) of Sec. Sec.  25.226 and 
25.227 require VMES and ESAA applicants that plan to use a contention 
protocol in the uplink transmissions of their ESIMs to certify that 
their use of the contention protocol is reasonable. We propose not to 
include such a requirement in Sec.  25.228, because Sec.  25.115(i) 
already contains this requirement, and applies by its terms to 
applications for ESIMs.\17\
---------------------------------------------------------------------------

    \17\ The current duplication would be eliminated by deleting 
sections 25.226 and 25.227 in their entireties, as proposed.
---------------------------------------------------------------------------

    Point of Contact in the United States. Paragraphs (a)(4) of 
Sec. Sec.  25.221 and 25.222 require that there be a point of contact 
in the United States with the authority and ability to cease all 
emissions from ESVs. Paragraphs (a)(5) of Sec. Sec.  25.226 and 25.227 
contain a similar requirement. We propose to consolidate such 
requirements in the platform-specific rules for ESVs, VMESs, and ESAAs 
in Sec.  25.228.\18\
---------------------------------------------------------------------------

    \18\ A list of the existing paragraphs in section 25.221, 
25.222, 25.226, and 25.227 and the corresponding proposed paragraphs 
in section 25.228 appears in Table 5.
---------------------------------------------------------------------------

    Data Logging Requirement. Paragraphs (a)(5) of Sec. Sec.  25.221 
and 25.222 and paragraphs (a)(6) of Sec. Sec.  25.226 and 227 require 
that C- and Ku-band ESV operators and Ku-band VMES and ESAA operators 
log the vehicle location, transmit frequency, channel bandwidth, and 
target satellite of ESIM transmissions. The required maximum recording 
intervals are 20 minutes for ESVs, 5 minutes for VMESs, and 1 minute 
for ESAAs. The ESIM operator must make this data available to a 
frequency coordinator, fixed system operator, FSS operator, National 
Telecommunications and Information Administration (NTIA) (for Ku-band 
ESIMs only), or the Commission within 24 hours after a request. The 
Commission has never requested these data from an ESIM operator, and we 
are unaware of any other entity submitting requests for such data. We 
seek comment on whether the logging requirement is still necessary and 
useful, and if so, whether the existing recording intervals should be 
maintained or changed. We request that parties who wish to assert that 
this requirement should be maintained provide specific examples of 
instances in which the logging data has been requested from ESIM 
operators and how

[[Page 27657]]

those data have been used to identify a source of interference.
    Remote Monitoring and Control Requirement. Sec.  25.227(a)(10) 
provides the requirements for remote terminal monitoring and control of 
ESAAs. Specifically, the current rule states that each remote terminal 
must be monitored and controlled by a network control and monitoring 
center (NCMC) or equivalent facility. Each remote terminal must comply 
with ``disable transmission'' commands from the NCMC. In addition, the 
NCMC must monitor the operation of each ESAA terminal in its network, 
and transmit a ``disable transmission'' command to a remote terminal 
that malfunctions in such a way as to cause unacceptable interference 
to another radiocommunication station. This provision achieves the same 
goal of ensuring the ability to remotely monitor and disable earth 
stations as the requirements included in paragraphs (a)(2)(iii) and 
(a)(3)(iii) of Sec. Sec.  25.221, 25.222, 25.226, and 25.227. We 
propose to incorporate a remote monitoring and control requirement in 
our proposed Sec.  25.228(c), and make it applicable to all types of 
ESIMs.
    Self-Monitoring Requirement. Section 25.227(a)(11) requires that 
remote ESAA terminals be self-monitoring and capable of automatically 
ceasing transmission. Section 25.227 paragraphs (a)(1)(iii), 
(a)(2)(ii), and (a)(3)(ii), and corresponding paragraphs in Sec. Sec.  
25.221, 25.222, and 25.226 contain similar self-monitoring 
requirements. We propose to make this requirement generally applicable 
to all types of ESIMs and to codify it in Sec.  25.228(b).
    Cessation of Uplink Transmissions Upon Loss of Downlink Signal. 
Section 25.226(a)(9) states that each VMES terminal must automatically 
cease transmitting upon the loss of synchronization or within 5 seconds 
upon loss of reception of the satellite downlink signal, whichever is 
the shorter timeframe. Similarly, Sec.  25.227(a)(9) states that each 
ESAA terminal must automatically cease transmitting within 100 
milliseconds upon loss of reception of the satellite downlink signal or 
when it detects that unintended satellite tracking has happened or is 
about to happen. The recently adopted Sec.  25.271(g) states: 
``Licensees of transmitting earth stations are prohibited from using 
remote earth stations in their networks that are not designed to stop 
transmission when synchronization to signals from the target satellite 
fails.'' We propose eliminating the rules specifically applicable to 
VMES and ESAA as redundant, because Sec.  25.271(g) applies by its 
terms to all types of ESIMs and loss of synchronization to signals from 
the target satellite is general enough to cover all situations of 
interest.
    ESIM Installation Requirement for Radiation Hazard Mitigation. The 
VMES and ESAA application requirements in Sec. Sec.  25.226(b)(8) and 
25.227(b)(8) respectively include a requirement that would be more 
appropriately located in the technical and operational rules than in 
the application rules. Specifically, Sec. Sec.  25.226(b)(8) and 
25.227(b)(8) require, in part, that all VMES and ESAA licensees ensure 
installation of VMES or ESAA terminals on vehicles by qualified 
installers who have an understanding of the antenna's radiation 
environment and use those measures best suited to maximize protection 
of the general public and persons operating the vehicle and equipment. 
The rules require that a VMES or ESAA terminal exhibiting radiation 
exposure levels exceeding 1.0 mW/cm\2\ in accessible areas, such as at 
the exterior surface of the radome, must have a label attached to the 
surface of the terminal warning about the radiation hazard and must 
include thereon a diagram showing the regions around the terminal where 
the radiation levels could exceed 1.0 mW/cm\2\. We propose extending 
this requirement to ESVs operating in the C-, Ku- and Ka-bands, because 
the same basic rationale for the VMES and ESAA requirement appears to 
apply equally to ESVs--i.e., to ensure protection of members of the 
public (including those manning the vessels and operating the 
equipment), who may be exposed to hazardous radiation environments on 
vessels as well as on or in the vicinity of land vehicles and aircraft. 
Accordingly, we propose to consolidate the requirement that currently 
appears in the VMES and ESAA rules, extend this requirement to include 
ESVs, and move it into paragraph (d) of the proposed Sec.  25.228. We 
also propose to cross-reference Sec.  1.1310 Table 1 of the 
Commission's rules, rather than specifying the maximum permitted 
radiation exposure level in Sec.  25.228(d).

Vehicle-Type Specific Rules Applicable Across Multiple Frequency Bands

    Part 25 of the Commission's rules contain some rules for earth 
stations in motion that are specific to the particular type, i.e. ESVs, 
VMESs, or ESAAs, across more than one frequency band. In the following 
section, we propose revisions and reorganization so that vehicle-
specific requirements are minimized to the extent possible. Where 
retention of vehicle-specific requirements are necessary, we propose 
reorganization to codify the requirements for each type of ESIM in the 
proposed Sec.  25.228.

ESV Requirements

    There are currently two rule sections that address specific 
requirements for ESV operators. Both of these sections were adopted to 
codify section 306 of the Communications Act, which provides that while 
section 301 of the Act (which contains the licensing requirement for 
radio communications) does not apply to persons transmitting from 
foreign ships that come within the jurisdiction of the United States, 
radio communications or signals from such ships are subject to 
Commission regulations designed to prevent interference.
    Vessels of Foreign Registry. Paragraphs (a)(6) of Sec. Sec.  25.221 
and 25.222 require ESV operators licensed by the FCC communicating with 
ESVs on vessels registered outside the United States to maintain 
detailed information on each vessel's country of registry and a point 
of contact within the foreign administration responsible for licensing 
the ESV. The purpose of this rule is to enable the Commission, if 
necessary, to contact the administration responsible for an ESV that 
causes interference to U.S. stations, pursuant to our mandate under 
section 306 of the Communications Act. Because these sections are 
statutorily based, we propose to retain this requirement in paragraph 
(e)(3) of our proposed new Sec.  25.228.
    ESV Hub Earth Stations. Paragraphs (a)(7) of Sec. Sec.  25.221 and 
25.222 require ESV operators to control ESVs using a hub earth station 
located in the United States, except that a U.S.-licensed ESV may 
operate under control of a hub earth station located outside the United 
States provided that the ESV operator maintains a point of contact in 
the United States that can make the ESV cease transmitting if 
necessary. This provision is similar to that in paragraph (a)(4) of 
Sec. Sec.  25.221 and 25.222, except paragraph (a)(4) is focused on the 
remote ESV terminals, and paragraph (a)(7) is focused on the hub earth 
station with which the ESVs communicate. The purpose of this rule is to 
enable the Commission to prevent interference to U.S. and foreign 
stations. We propose to retain this requirement in paragraph (e)(1) of 
our proposed Sec.  25.228. We also propose to update the language 
regarding ESV hub operators and hub earth stations for greater clarity. 
Specifically, in our revised rules, we propose to use the term 
``network control and monitoring center''

[[Page 27658]]

(NCMC) \19\ to better reflect the nature of the functions performed by 
such facilities.
---------------------------------------------------------------------------

    \19\ We propose to add a definition of network control and 
monitoring center (NCMC) in section 25.103.
---------------------------------------------------------------------------

VMES Requirements

    There are currently no rules in part 25 of the Commission's rules 
that apply to VMES terminals in more than one frequency band. The VMES 
rules currently in part 25 only apply to Ku-band VMESs. With the goal 
of streamlining rules for all ESIM operators, we do not propose any 
VMES-specific rules that would apply across all frequency bands.

ESAA Requirements

    Section 25.227(a)(12) provides that ESAA applicants that comply 
with the off-axis e.i.r.p. spectral-density limits in paragraph 
(a)(1)(i) of this section may request Permitted List authority. We 
propose to eliminate this rule section, because this flexibility is 
already afforded to ESV, VMES, and ESAA applicants by Sec.  
25.115(k)(1).
    Section 25.227(a)(14) states that all ESAA terminals operating in 
U.S. airspace, whether on U.S.-registered civil aircraft or non-U.S.-
registered civil aircraft, must be licensed by the Commission. All ESAA 
terminals on U.S.-registered civil aircraft operating outside of U.S. 
airspace must be licensed by the Commission, except as provided by 
section 303(t) of the Communications Act. We propose to keep this 
requirement and extend it to apply to all Ka-band ESAA terminals 
operated in U.S. airspace. We also propose moving this requirement into 
the proposed Sec.  25.228(g)(2).
    Section 25.227(a)(15) states that for ESAA systems operating over 
international waters, ESAA operators will certify that their target 
space station operators have confirmed that proposed ESAA operations 
are within coordinated parameters for adjacent satellites up to 6 
degrees away on the geostationary arc. We do not propose to bring this 
requirement into the proposed ESIM rule section. In view of the 
provisions of Sec.  25.140 and Sec.  25.220, which apply to U.S. 
satellites and earth stations, and Sec.  25.137, which also applies to 
foreign-licensed points of communication, we find these requirements 
are redundant, which redundancy will then be eliminated with our 
deletion of Sec.  25.227 in its entirety.
    We propose to move the requirements of Sec.  25.227(a)(16) to new 
Sec.  25.228(g)(3), with a minor revision in the first sentence. The 
first sentence of Sec.  25.227(a)(16) currently provides that ``[p]rior 
to operations within the foreign nation's airspace, the ESAA operator 
will ascertain whether the relevant administration has operations that 
could be affected by ESAA terminals, and will determine whether that 
administration has adopted specific requirements concerning ESAA 
operations.'' Specifically, we propose changing ``will'' to ``must''. 
We also propose making the remaining sentences currently contained in 
Sec.  25.227(a)(16) clearly imperative. As with several of the other 
Ku-band ESAA specific rules, we propose to apply this requirement to 
Ka-band ESAA operators.

Frequency-Band Specific Status and Coordination Rules

    Currently, there are frequency-band specific rules for ESVs, VMESs 
and ESAAs in the conventional and extended Ku-bands.\20\ We propose to 
eliminate some of these requirements, which are redundant with other 
provisions in part 25, with the exception of paragraphs (c) and (d) of 
Sec. Sec.  25.222, 25.226, and 25.227.
---------------------------------------------------------------------------

    \20\ There are Commission rules for ESIMs operation in three 
bands: The conventional C-band and the conventional and extended Ku-
bands. Under our proposed rules, ESIMS would also be able to operate 
in the conventional Ka-band.
---------------------------------------------------------------------------

    Specifically, Sec. Sec.  25.226(a)(8) and 25.227(a)(8) provide that 
in the relevant bands,\21\ VMES and ESAA terminals receive protection 
from interference caused by space stations other than the target space 
station only to the degree to which harmful interference would not be 
expected to be caused to a hypothetical earth station employing an 
antenna conforming to the reference patterns defined in Sec. Sec.  
25.209(a) and (b) and stationary at the location at which any 
interference occurred.\22\ This requirement is redundant with Sec.  
25.209(c)(1).\23\ In view of this redundancy, we propose to eliminate 
the provisions in paragraphs (a)(8) of Sec. Sec.  25.226 and 25.227.
---------------------------------------------------------------------------

    \21\ Specifically, VMES terminal receiving in the 10.95-11.2 GHz 
(space-to-Earth), 11.45-11.7 GHz (space-to-Earth) and 11.7-12.2 GHz 
(space-to-Earth) bands, and ESAA terminal receiving in the 11.7-12.2 
GHz (space-to-Earth) bands do not receive protection from 
interference.
    \22\ Although the provision that the hypothetical earth station 
is stationary is not included in section 25.209(c), it is not 
relevant whether this earth station is stationary or not because the 
interference received by an earth station antenna is a function of 
the antenna gain pattern and the direction in which the antenna is 
pointed with respect to sources of interference, not whether the 
earth station is at a fixed location or in motion.
    \23\ Section 25.209(c)(1) currently states: ``An earth station 
licensed for operation with an FSS space station or registered for 
reception of transmissions from such a space station pursuant to 
section 25.131(b) and (d) is not entitled to protection from 
interference from authorized operations of other stations that would 
not cause harmful interference to that earth station if it were 
using an antenna with receive-band gain patterns conforming to the 
levels specified in paragraphs (a) and (b) of this section.''
---------------------------------------------------------------------------

    Similarly, Sec. Sec.  25.222(a)(8), 25.226(a)(7) and 25.227(a)(7) 
state that in the 10.95-11.2 GHz (space-to-Earth) and 11.45-11.7 GHz 
(space-to-Earth) frequency bands ESVs, VMESs and ESAAs must not claim 
protection from interference from any authorized terrestrial stations 
to which frequencies are either already assigned, or may be assigned in 
the future. These sections are redundant with footnote NG52 to Sec.  
2.106 of the Commission's rules.\24\ In view of the redundancy of these 
provisions, we propose eliminating paragraph (a)(8) of Sec.  25.222 and 
paragraph (a)(7) of Sec. Sec.  25.226 and 25.227.
---------------------------------------------------------------------------

    \24\ Footnote NG52 states that: ``Except as otherwise provided 
for herein, use of the bands 10.7-11.7 GHz (space-to-Earth) and 
12.75-13.25 GHz (Earth-to-space) by geostationary satellites in the 
fixed-satellite service (FSS) must be limited to international 
systems, i.e., other than domestic systems. In the sub-bands 10.95-
11.2 GHz and 11.45-11.7 GHz, Earth Stations on Vessels (ESV), 
Vehicle-Mounted Earth Stations (VMES), and Earth Stations Aboard 
Aircraft (ESAA) as regulated under 47 CFR part 25 may be authorized 
for the reception of FSS emissions from geostationary satellites, 
subject to the condition that these earth stations must not claim 
protection from transmissions of non-Federal stations in the fixed 
service.''
---------------------------------------------------------------------------

    Additionally, there are two sets of coordination requirements for 
Ku-band ESIMs, which are contained in paragraphs (c) and (d) of 
Sec. Sec.  25.222, 25.226 and 25.227. Paragraphs (c) in these rule 
sections address the coordination requirements related to the 
protection of the NASA Tracking and Data Relay Satellite System (TDRSS) 
in the 14.0-14.2 GHz frequency band. Paragraphs (d) address 
coordination requirements designed to protect the Radio Astronomy 
Service (RAS) in the 14.47-14.5 GHz frequency band. These rule 
paragraphs, while covering the same frequency bands and coordination 
requirements to protect TDRSS and RAS operations, are worded slightly 
differently in each section. We propose unifying language for the 
requirements for all ESIMs to be included in Sec.  25.228(j).

Vehicle-Type Specific Rules Applicable to a Single Frequency Band

    Part 25 includes rules that are particular to the type of ESIM in a 
specific frequency band. For example, C-band ESVs and Ku-band ESAAs 
have requirements that are unique to the combination of type of earth 
station and the particular frequency band in which it operates. The 
Commission has never adopted rules for C-band VMES and ESAA terminals, 
and we do not propose to do so here.

[[Page 27659]]

C-Band ESV Specific Requirements

    Several requirements in Sec.  25.221 address issues that are unique 
to ESVs operating in the C-band. We propose to retain most of these C-
band ESV specific requirements. Specifically, we propose to retain 
paragraphs (a)(8), (a)(9), (a)(10), (a)(12), and (a)(13) as written and 
move them to the new Sec.  25.228(h). Table 4 lists these paragraphs 
and the current sub-paragraphs and the corresponding sub-paragraphs of 
Sec.  25.228(h) to which we propose to relocate them.
    Section 25.221(a)(11) states that ESVs while in motion do not 
receive protection in the downlink band.\25\ These rules were adopted 
in the 2005 ESV Order to protect FS and FSS providers in the C-band 
while providing maximum flexibility to ESV operators. We propose to 
move this requirement to Sec.  25.228(h)(4), while upgrading the status 
of ESVs in the 3700-4200 MHz (space-to-Earth) frequency band by 
eliminating the provision in Sec.  25.221(a)(11) that they may not 
claim protection from harmful interference from satellites transmitting 
in the 3700-4200 MHz (space-to-Earth) frequency band. We also propose 
to modify the second sentence of Non-Federal Government footnote NG180 
of Sec.  2.106, consistent with our proposed change to the text of the 
provision currently codified in Sec.  25.221(a)(11).
---------------------------------------------------------------------------

    \25\ Specifically, section 25.221(a)(11) currently states: 
``ESVs while in motion shall not claim protection from harmful 
interference from any authorized terrestrial stations or lawfully 
operating satellites to which frequencies are either already 
assigned, or may be assigned in the future in the 3700-4200 MHz 
(space-to-Earth) frequency band.''
---------------------------------------------------------------------------

Ku-Band ESAA Specific Requirements

    Section 25.227(a)(13) sets out requirements for ESAA providers 
operating in the international airspace within line-of-sight of the 
territory of a foreign administration. We propose only minor changes in 
the language consistent with other ESIMs rules. The requirements would 
be moved to the proposed Sec.  25.228(i).

Proposed Technical and Operational Requirements for Ka-band ESIMs

    We do not propose any specific technical or operational 
requirements for ESVs, VMESs, or ESAAs operating in the conventional 
Ka-band. Such ESIMs would be authorized subject to the requirements in 
Sec.  25.115(n), which includes the requirement to comply with the 
earth station off-axis e.i.r.p. density limits in proposed Sec.  
25.218(i), unless the ESIM operations are coordinated under Sec.  
25.220. This is similar to the current blanket-licensing provisions for 
conventional Ka-band earth stations in Sec.  25.138. Conventional Ka-
band ESVs would be required to comply with the requirements in proposed 
Sec.  25.228(e), conventional Ka-band VMESs would be required to comply 
with the requirement in proposed Sec.  25.228(f), and conventional Ka-
band ESAAs would be required to comply with the requirements in 
proposed Sec.  25.228(g). We seek comment on any additional provisions 
that we should adopt for the operation of conventional Ka-band ESVs, 
VMESs, or ESAAs, such as minimum separation distances to protect the 
fixed and mobile services from ESV emissions, and/or power flux-density 
limits to protect the fixed and mobile services from ESAA emissions.
    We propose to amend an existing footnote to the Table of 
Allocations to recognize the operation of ESIMs as an application of 
the FSS with primary status in the conventional Ka-band. We seek 
comment on our belief that ESIMs operating in the conventional Ka-band 
in accordance with our proposed rules would not pose more of a risk of 
interference to, nor require more protection from interference from 
other radiocommunication systems than other earth stations operating in 
the frequency band on a primary basis today.\26\ The Commission has 
taken similar steps to clarify the primary status of C-band and Ku-band 
ESIMs. Specifically, we propose to amend footnote NG55, which 
authorizes ESV, VMES, and ESAA use in the Ku-band, to include a portion 
of the Ka-band and to use the term ``ESIMs.'' The amended footnote 
would state: ``In the bands 11.7-12.2 GHz (space-to-Earth), 14.0-14.5 
GHz (Earth-to-space), 18.3-18.8 GHz (space-to-Earth), 19.7-20.2 GHz 
(space-to-Earth), 28.35-28.6 GHz (Earth-to-space), and 29.25-30.0 GHz 
(Earth-to-space), Earth Stations in Motion (ESIMs), as regulated under 
47 CFR part 25, are applications of the fixed-satellite service and may 
be authorized to communicate with geostationary satellites in the 
fixed-satellite service on a primary basis.'' \27\
---------------------------------------------------------------------------

    \26\ The Commission already blanket licenses ubiquitously-
deployed fixed earth stations in the conventional Ka-band under 
section 25.138; under the proposed rules ESIMs would have to comply 
with regulations designed to ensure that they do not cause more 
interference than fixed earth stations.
    \27\ We also note that feeder links for the Iridium NGSO MSS 
satellite system are operated in the 29.1-29.3 GHz band. See, e.g., 
Iridium Satellite LLC, IBFS File No. SES-MOD-20060907-01680 (granted 
Mar. 29, 2007). ESIM applicants and licensees planning to conduct 
operations in the 29.25-29.3 GHz band would have to coordinate with 
Iridium under 47 CFR 25.203(h) and 25.258 prior to operating in 
those frequencies.
---------------------------------------------------------------------------

    Iridium has expressed concern with respect to ESIM operations in 
the band 29.25-29.3 GHz.\28\ Inmarsat, EchoStar, and Hughes, 
collectively, and ViaSat filed ex parte letters opposing Iridium on the 
grounds that blanket-licensed fixed earth stations are currently 
authorized in this band.\29\ We seek comment on whether inclusion of 
the band 29.25-29.3 GHz would raise any new issues with respect to 
potential interference to NGSO FSS feeder links.
---------------------------------------------------------------------------

    \28\ See Letter from Joseph A. Godles, Attorney, Iridium 
Satellite LLC, to Marlene H. Dortch, Secretary, FCC, IB Docket No. 
17-95 (filed May 8, 2017). See also Letter from Joseph A. Godles, 
Attorney, Iridium Satellite LLC, to Marlene H. Dortch, Secretary, 
FCC, IB Docket No. 17-95 (filed May 10, 2017); Letter from Joseph A. 
Godles, Attorney, Iridium Satellite LLC, to Marlene H. Dortch, 
Secretary, FCC, IB Docket No. 17-95 (filed May 11, 2017).
    \29\ See Letter from Giselle Creeser, Director, Regulatory, M. 
Ethan Lucarelli, Director, Regulatory & Public Policy, Inmarsat, 
Inc., and Jennifer Manner, Senior Vice President, Regulatory 
Affairs, EchoStar Satellite Operating Corporation, Hughes Network 
Systems, LLC., to Marlene H. Dortch, Secretary, FCC, IB Docket No. 
17-95 (filed May 11, 2017). See also Letter from John Janka and 
Elizabeth R. Park, Counsel, ViaSat Inc., to Marlene H. Dortch, 
Secretary, FCC, IB Docket No. 17-95 (filed May 11, 2017).
---------------------------------------------------------------------------

    In addition, to the extent these proposed rule changes may 
facilitate increased deployment of ESIMs, we invite comment on whether 
the changes could unreasonably diminish future opportunities to 
introduce additional services into these bands or adjacent bands on a 
shared basis. We also seek comment on any possible effects that these 
proposed rules may have on existing or future services in adjacent 
frequency bands, such as Upper Microwave Flexible Use Service (UMFUS) 
operations in the 27.5-28.35 GHz frequency band.

ESIMs Application Requirements

    The earth station license application requirements for ESVs, VMESs, 
and ESAAs, are currently contained in paragraph (b) of Sec. Sec.  
25.221, 25.222, 25.226, and 25.227. Application requirements for FSS 
earth station authorizations at fixed and temporary-fixed locations are 
in Sec.  25.115. We propose to move the ESIM application requirements 
into Sec.  25.115 for better integration of the rules. Specifically, 
the application requirements for a particular frequency band for all 
types of ESIM platforms \30\ will be in paragraphs (l) (for C-band), 
(m) (for Ku-band), and (n) (for Ka-band) of Sec.  25.115. The 
appropriate introductory text will be in the opening sub-paragraph of 
those three paragraphs. As such, the introductory paragraphs in 
Sec. Sec.  25.221(b), 25.222(b), 25.226(b), and 25.227(b) become 
unnecessary.
---------------------------------------------------------------------------

    \30\ I.e., VMESs, ESVs, and ESAAs.
---------------------------------------------------------------------------

    Paragraphs (b)(1) of Sec. Sec.  25.221, 25.222, 25.226, and 25.227 
state that an ESIM

[[Page 27660]]

applicant proposing to implement a transmitter under paragraph (a)(1) 
of these sections must provide the information required by Sec.  
25.115(g)(1). In the proposed rules, an ESIM applicant would follow the 
application procedures set out under the provisions in subparagraph (1) 
of Sec. Sec.  25.115(l) through (n), and showings regarding antenna 
pointing accuracy would no longer be required.
    An applicant under the current ESIM application requirements 
proposing to meet the 0.2 degree antenna pointing accuracy requirement 
must show how that will be accomplished.\31\ As discussed in paragraph 
22 supra, we propose to eliminate the pointing accuracy requirement, 
because the off-axis angles in the e.i.r.p. density mask in Sec.  
25.218 and the antenna gain pattern mask in Sec.  25.209 are both now 
defined based on the line from the earth station to the target 
satellite, not from the axis of the main lobe of the antenna pattern. 
In the proposed rules, the applicant would have to show how it will 
detect exceedance of the off-axis e.i.r.p. density mask and reduce 
power or shut down its transmitter, pursuant to subparagraph (3)(i) of 
Sec. Sec.  25.115(l) through (n).
---------------------------------------------------------------------------

    \31\ See paragraphs (b)(1)(iii) of sections 25.221, 25.222, 
25.226, and 25.227.
---------------------------------------------------------------------------

    Further, in the existing ESIM rules, an applicant proposing to 
operate with a maximum pointing error greater than 0.2 degrees must 
declare its maximum pointing error and show that at the maximum 
mispointing, the e.i.r.p. density limits are still met. Again, because 
we are proposing to eliminate the antenna pointing accuracy 
requirement, the proposed rules will provide applicants two options to 
qualify for a license: Either comply with the off-axis e.i.r.p. density 
limits, and provide the information required by Sec. Sec.  25.115(l)-
(n)(1), or coordinate, and provide the information required by 
Sec. Sec.  25.115(l)-(n)(2).
    Additionally, because we propose to eliminate the antenna pointing 
accuracy requirement, we propose to eliminate the pointing accuracy 
certification requirements of Sec. Sec.  25.221(b)(1)(iii), 
25.222(b)(1)(iii), 25.226(b)(1)(iii), and 25.227(b)(1)(iii)(A) and (B). 
Similarly, we propose to eliminate the maximum mispointing declaration 
requirements in paragraphs (b)(1)(iv)(A) and the cessation of 
transmissions upon mispointing demonstration requirements in paragraphs 
(b)(1)(iv)(B) in Sec. Sec.  25.221, 25.222, 25.226, and 25.227.
    Paragraphs (b)(2), (b)(2)(i) and (b)(2)(ii) of Sec. Sec.  25.221, 
25.222, 25.226, and 25.227 state that an applicant proposing to operate 
with off-axis e.i.r.p. density in excess of the levels in paragraph 
(a)(1)(i) or (a)(3)(i) of these sections must provide the off-axis 
e.i.r.p. density showing required by Sec.  25.115(g)(1), and the 
coordination certifications required by Sec.  25.220(d). In the 
proposed rules, such an applicant would apply under the provisions in 
subparagraph (2) of Sec. Sec.  25.115(l)-(n), which would contain 
substantially the same requirements for exhibits to its earth station 
application.
    Paragraphs (b)(2)(iii) and (b)(2)(iv) of Sec. Sec.  25.221, 25.222, 
25.226, and 25.227 require detailed showings that each ESAA transmitter 
in the system will automatically cease or reduce emissions within 100 
milliseconds after generating e.i.r.p. density exceeding the applicable 
limits. In the proposed rules in Sec. Sec.  25.115(l)-(n)(3)(i), the 
applicant would have to show how the transmitter will detect exceedance 
of the off-axis e.i.r.p. density mask and reduce the power of or shut 
down one or more transmitters within 100 milliseconds of receiving a 
command to do so from the system's network control and monitoring 
center, if the aggregate off-axis e.i.r.p. spectral-densities of the 
transmitter or transmitters exceed the relevant off-axis e.i.r.p. 
spectral-density limits.
    Section 25.221(b)(3)(v) states that certification that the ESV 
system will operate in compliance with the power limits in Sec.  
25.204(h) is required with an application for a C-band ESV. We propose 
to eliminate this requirement, which we believe is no longer necessary, 
because we do not require applicants to certify that they will comply 
with every part 25 rule, and we typically include a licensing condition 
stating this requirement in ESV license documents.\32\
---------------------------------------------------------------------------

    \32\ We propose, however, to retain a technical and operational 
requirement to meet the power limits currently in section 25.204(h), 
which we propose to redesignate as section 25.228(h)(7).
---------------------------------------------------------------------------

    We propose to incorporate the requirement to provide the off-axis 
e.i.r.p. density data currently contained in subparagraphs (b)(3)(i) of 
Sec. Sec.  25.221, 25.222, 25.226, and 25.227 in sub-paragraphs (1) and 
(2) of proposed Sec. Sec.  25.115(l)-(n). In addition, we propose to 
incorporate the requirement currently contained in subparagraphs 
(b)(3)(iii) of Sec. Sec.  25.221, 25.222, 25.226, and 25.227 to show 
that individual ESIM terminal is self-monitoring and capable of 
automatically ceasing or reducing emissions within 100 milliseconds if 
the ESIM transmitter exceeds the relevant off-axis e.i.r.p. spectral-
density limits in sub-paragraphs (3)(i) of Sec. Sec.  25.115(l)-(n). We 
also propose to incorporate in those sub-paragraphs the requirement 
currently contained in subparagraphs (b)(3)(iv) of Sec. Sec.  25.221, 
25.222, 25.226, and 25.227 to show that one or more transmitters in 
ESIM systems using variable-power-density control of individual ESIM 
transmitters are capable of automatically ceasing or reducing emissions 
within 100 milliseconds of receiving a command to do so from the 
system's network control and monitoring center, if the aggregate off-
axis e.i.r.p. spectral-densities of the transmitter or transmitters 
exceed the relevant off-axis e.i.r.p. spectral-density limits. We 
invite comment on whether there should be a requirement that the 
network control and monitoring center be capable of detecting that the 
aggregate off-axis e.i.r.p. density limits are being exceeded within a 
specific time limit, and if so, what that time limit should be.
    Paragraphs (b)(5) of Sec. Sec.  25.226 and 25.227 state that any 
VMES or ESAA applicant filing for a VMES or ESAA terminal or system and 
planning to use a contention protocol must include in its application a 
certification that its contention protocol use will be reasonable, in 
compliance the requirements of paragraph (a)(4) of those sections. This 
requirement is substantially the same as the requirement in Sec.  
25.115(i), which we construe as applying to applications for ESIMs. 
Therefore, we do not propose duplicating the language from Sec. Sec.  
25.226(b)(5) and 25.227(b)(5) in the ESIM rules we propose here.
    Paragraphs (b)(8) of Sec. Sec.  25.226 and 25.227 also state that 
VMES and ESAA applicants must 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. 
Section 1.1307(b) of the Commission's rules requires applicants to 
prepare an Environmental Assessment if a transmitter would cause human 
exposure to levels of radiofrequency radiation in excess of the Maximum 
Permissible Exposure limits in 47 CFR 1.1310 Table 1. This rule also 
requires earth station applications to contain a statement confirming 
compliance with those limits. Thus we propose not to retain these 
provisions in paragraphs (b)(8) of Sec. Sec.  25.226 and 25.227, which 
are unnecessary in view of the requirements in Sec.  1.1307(b). 
Paragraphs (b)(7) of Sec. Sec.  25.221 and 25.222 and Sec.  
25.226(b)(9) state that except for ESV or VMES systems operating 
pursuant to paragraph

[[Page 27661]]

(a)(2) of those sections, which are systems that propose to exceed the 
prescribed off-axis e.i.r.p. density limits, systems authorized 
pursuant to those sections will be eligible for a license that lists 
Permitted List as an authorized point of communication. We propose to 
delete this provision as duplicative of the provision that already 
exists in Sec.  25.115(k)(1), which we construe as applicable to ESIM 
applications.
    Currently, paragraphs (b)(7) of Sec. Sec.  25.226 and 25.227 
require that any VMES or ESAA applicant must include in its application 
a certification that it will comply with the requirements of paragraphs 
(a)(6) of those sections, and paragraphs (a)(9), (a)(10), and (a)(11) 
of Sec.  25.227. We invite comment as to whether the certification 
requirement serves a useful purpose, or whether we should eliminate it, 
because Commission licensees are required to comply with all applicable 
Commission rules.
    Sections 25.226(b)(8) states that all VMES applicants must 
demonstrate that their VMES terminals are capable of automatically 
ceasing transmissions upon the loss of synchronization or within 5 
seconds upon loss of reception of the satellite downlink signal, 
whichever is the shorter timeframe. Sec.  25.271(g) requires that 
licensees of transmitting earth stations are prohibited from using 
remote earth stations in their networks that are not designed to stop 
transmission when synchronization to signals from the target satellite 
fails. We propose to eliminate the provision in Sec.  25.226(b)(8) as 
redundant.
    We propose to retain the requirements in paragraphs (b)(4) of 
Sec. Sec.  25.221, 25.222, 25.222, 25.226, and 25.227,\33\ in 
paragraphs (b)(5) of Sec. Sec.  25.221 and 25.222 and (b)(6) of 
Sec. Sec.  25.226 and 25.227,\34\ and in paragraphs (b)(6) of 
Sec. Sec.  25.221 and 25.222 and (b)(8) of Sec. Sec.  25.226 and 
25.227,\35\ and move those requirements into paragraphs (l)-(n) of 
Sec.  25.115. Table 5 shows how these paragraphs would be redesignated. 
We seek comment on these proposals.
---------------------------------------------------------------------------

    \33\ Paragraphs (b)(4) of sections 25.221, 25.222, 25.222, 
25.226, and 25.227 contain the requirement to identify the area(s) 
of operation of the ESIM terminals.
    \34\ Paragraphs (b)(5) of sections 25.221 and 25.222 and (b)(6) 
of sections 25.226 and 25.227 contain the point-of-contact 
identification requirement.
    \35\ Paragraphs (b)(6) of sections 25.221 and 25.222 and (b)(8) 
of sections 25.226 and 25.227 contain the requirement to provide a 
radiation safety hazard analysis.
---------------------------------------------------------------------------

Merging Sections 25.130 and 25.131 Into Section 25.115

    We propose to move the requirements in Sec.  25.130, with minor 
revisions, into Sec.  25.115(a)(5) through (10). In addition to the 
minor changes, the last sentence of Sec.  25.130(a) currently states 
that ``applicants that are not required to submit applications on Form 
312EZ'' must submit the information in subparagraphs (1) through (5) of 
this paragraph as an attachment to their applications. Because the use 
of Form 312EZ is not mandatory, but just an option available to 
applicants, we propose to change the word ``required'' to 
``permitted''. We would then reserve Sec.  25.130. Cross-references to 
this section would be redirected to the appropriate paragraphs in Sec.  
25.115.
    Currently, Sec.  25.131 covers the application requirements for 
receive-only earth stations. We propose to move all of these 
requirements, with minor revisions, into Sec.  25.115(b).\36\ We would 
then reserve Sec.  25.131. Cross-references to this section would be 
redirected to the appropriate paragraphs in Sec.  25.115.
---------------------------------------------------------------------------

    \36\ A list of the existing paragraphs in section 25.131 and the 
corresponding proposed paragraphs in section 25.115 appears in Table 
2.
---------------------------------------------------------------------------

Other Miscellaneous Changes to Section 25.115

    We propose to remove and reserve Sec.  25.115(a)(4), which 
currently contains instructions regarding electronically filing. We 
propose to incorporate this language in Sec.  25.115(a)(1) instead.
    We note that Sec.  25.115(c)(1) retains language differentiating 
between domestic and international services. Because that distinction 
was eliminated in the DISCO II proceedings, we propose to eliminate the 
vestige in this rule.
    Currently, Sec.  25.115(k)(1) states that applicants for Fixed-
Satellite Service earth stations that qualify for routine processing in 
the conventional C-band, the conventional Ku-band, and in portions of 
the extended Ku-band, may designate the Permitted Space Station List as 
a point of communication.\37\ We propose to revise the references 
within Sec.  25.115(k)(1) to Sec. Sec.  25.221, 25.226, and 25.227 to 
refer instead to the proposed paragraphs (l) through (n) of Sec.  
25.115, consistent with the unifying of the application requirements 
into Sec.  25.115.
---------------------------------------------------------------------------

    \37\ These applications include ESV applications filed pursuant 
to sections 25.222(a)(1) or (a)(3), VMES applications filed pursuant 
to sections 25.226(a)(1) or (a)(3), and ESAA applications filed 
pursuant to sections 25.227(a)(1) or (a)(3). See 47 CFR 25.222(a)(1) 
and (a)(3), 25.226(a)(1) and (a)(3), and 25.227(a)(1) and (a)(3).
---------------------------------------------------------------------------

    Similarly, we propose changes to Sec.  25.115(k)(2) that do not 
substantively alter the requirements of that section. Specifically, we 
propose to adopt the following revised language: Notwithstanding 
paragraph (k)(1) of this section, an earth station that would receive 
signals in the 17.8-20.2 GHz band may not communicate with a space 
station on the Permitted Space Station List in that band until the 
space station operator has completed coordination under footnote US334 
to Sec.  2.106 of this chapter.

Changes Required in Additional Sections of the Commission's Rules: 
Sections 25.133, 25.140, 25.202, 25.204, 25.209, and 25.258 and Notes 
to the Table of Allocations, Section 2.106

    We propose several additional changes in other sections of part 25 
to harmonize the various rule sections involving ESIMs.
    Section 25.133(d) contains a cross-reference to Sec.  25.131, the 
relevant portions of which we propose to move to Sec.  25.115(b). We 
propose to update this cross-reference.
    Section 25.140(a)(3)(iii) contains a cross-reference to Sec.  
25.138(a). We propose to update this cross-reference to point to Sec.  
25.218(i), which would contain the off-axis e.i.r.p. density limits 
currently contained in Sec.  25.138(a).
    We propose revising Sec.  25.202(a)(8) to eliminate the references 
to the individual ESIM sections, Sec. Sec.  25.221, 25.222, 25.226 and 
25.227, which we propose to eliminate.
    Section 25.204 contains limits on the e.i.r.p. and e.i.r.p. density 
that ESVs, VMESs, and ESAAs may transmit toward the horizon. To improve 
the organizational coherence of the ESIMs rules, we propose to relocate 
those requirements to Sec.  25.228. Specifically, we propose to 
relocate the requirements in Sec.  25.204(h) to Sec.  25.228(h)(7), and 
to consolidate the requirements in paragraphs (i)-(k) of Sec.  25.204 
into Sec.  25.228(j)(2).\38\
---------------------------------------------------------------------------

    \38\ A list of the existing paragraphs in section 25.204 and the 
corresponding proposed paragraphs in section 25.228 appears in Table 
6.
---------------------------------------------------------------------------

    As previously noted, Sec.  25.209(c)(1) cross-references Sec. Sec.  
25.130 and 25.131. We propose to update these cross-references to refer 
to Sec. Sec.  25.115(b)(2) and (4), where the requirements would be 
located.
    Section 25.209(f) states that an earth station with an antenna not 
conforming to relevant standards in paragraphs (a) and (b) of that 
section will be authorized only if the applicant demonstrates that the 
antenna will not cause unacceptable interference. In order to reflect 
the other proposed changes for ESIMs, we propose eliminating the 
references to the rule sections currently containing the ESIMs rules 
within that paragraph. We further propose revising the reference to 
Sec. Sec.  25.138, 25.221, 25.222, 25.226, and 25.227 to refer instead 
to Sec.  25.218, and making other clarifying changes to Sec.  
25.209(f).

[[Page 27662]]

    Section 25.258(b) states that operation of ubiquitously deployed 
GSO FSS earth stations in the 29.25-29.5 GHz frequency band shall 
conform to the rules contained in Sec.  25.138. Consistent with our 
proposed relocation of the requirements of Sec.  25.138 to Sec.  
25.218(i), we propose to update this cross-reference to point to the 
latter section.
    Footnote NG52 of the Table of Frequency Allocations authorizes 
ESVs, VMESs, and ESAA in portions of the Ku-band. To be consistent with 
the terminology used in the proposed revision of footnote NG55, we 
propose to modify this footnote to refer to ESIMs instead of ESVs, 
VMESs, and ESAA.
    Footnote US133 of the Table of Frequency Allocations, Sec.  2.106, 
contains cross-references to sub-paragraphs of Sec. Sec.  25.226 and 
25.227, which we propose to eliminate. We propose to update those 
cross-references to point to the appropriate sub-paragraphs of proposed 
Sec.  25.228.

Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (RFA), the Commission 
has prepared this Initial Regulatory Flexibility Analysis (IRFA) of the 
possible significant economic impact on a substantial number of small 
entities by the policies and rules proposed in this document. We 
request written public comments on this IRFA. Commenters must identify 
their comments as responses to the IRFA and must file the comments by 
the deadlines for comments on the proposed rule provided above in 
Section V.D. The Commission will send a copy of the proposed rule, 
including this IRFA, to the Chief Counsel for Advocacy of the Small 
Business Administration. In addition, the proposed rule and IRFA (or 
summaries thereof) will be published in the Federal Register.

A. Need for, and Objectives of, the Proposed Rules

    The Notice of Proposed Rulemaking seeks comment on a variety of 
proposals relating to part 25 of the Commission's rules, which governs 
licensing and operation of space stations and earth stations for the 
provision of satellite communication services. Adoption of the proposed 
changes would, among other things, provide additional operational 
flexibility to applicants for Earth Stations on Vessels, Vehicle-
Mounted Earth Stations, and Earth Stations Aboard Aircraft, 
collectively referred to as Earth Stations in Motion (ESIMs), simplify 
requirements for applications for routine licensing of ESIMs, expand 
the availability of routine licensing of ESIMs to include the 18.3-18.8 
GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, and 29.25-30 GHz frequency bands, 
and consolidate and harmonize the application, technical, and 
operational rules for ESIMs. The NPRM proposes several changes to part 
25 of the rules. Specifically, it proposes to:
    (1) Expand the frequency bands for which routine licensing of ESIMs 
is available to include the 18.3-18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 
GHz, and 29.25-30 GHz frequency bands,
    (2) Eliminate the antenna pointing accuracy requirement for ESIMs,
    (3) Allow ESIM applicants to certify compliance with the antenna 
gain pattern masks in Sec.  25.209 and the antenna input power density 
limits in Sec.  25.212 in lieu of providing off-axis e.i.r.p. data,
    (4) Consolidate the technical and operational rules for all types 
of ESIMs, currently spread over four rule sections, into one rule 
section,
    (5) Consolidate the application rules for all types of ESIMs, 
currently spread over four rule sections, into Sec.  25.115, the 
general earth station application rule section,
    (6) Cross-reference certain rules governing the application, 
technical, or operating requirements for all GSO FSS earth stations 
instead of duplicating those provisions in the rules pertaining 
specifically to ESIMs,
    (7) Clarify the requirements for blanket-licensed earth station 
licensees to be responsible for the operation of all earth stations 
operating under their licenses,
    (8) Update and improve definitions.

B. Legal Basis

    The proposed action is authorized 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).

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

    The RFA directs agencies to provide a description of, and, where 
feasible, an estimate of, the number of small entities that may be 
affected by the proposed rules, if adopted. 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 Small Business 
Administration (SBA).
    Satellite Telecommunications. This category comprises firms 
``primarily engaged in providing telecommunications services to other 
establishments in the telecommunications and broadcasting industries by 
forwarding and receiving communications signals via a system of 
satellites or reselling satellite telecommunications.'' The category 
has a small business size standard of $32.5 million or less in average 
annual receipts, under SBA rules. For this category, Census Bureau data 
for 2012 show that there were a total of 333 firms that operated for 
the entire year. Of this total, 299 firms had annual receipts of less 
than $25 million. Consequently, we estimate that the majority of 
satellite telecommunications providers are small entities.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    The NPRM proposes a number of rule changes that will affect 
reporting, recordkeeping and other compliance requirements for earth 
station operators. Most proposed changes, as described below, would 
decrease the burden for all businesses operators, especially firms that 
hold licenses to operate earth stations.
    The NPRM seeks comment on revisions to simplify information 
collections in applications for Earth Stations on Vessels, Vehicle-
Mounted Earth Stations, and Earth Stations Aboard Aircraft, 
collectively known as Earth Stations in Motion (ESIMs). For example, 
the NPRM proposes eliminating the antenna pointing accuracy requirement 
and associated demonstrations that are currently required in all ESIM 
applications. The NPRM also seeks comment on extending eligibility for 
routine processing to applications for ESIMs operating in the 18.3-18.8 
GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, and 29.25-30 GHz frequency bands. 
In addition, the NPRM proposes to consolidate the technical and 
operational rules for ESIMs into a single rule section to reduce 
repetition of provisions across multiple rule sections, and to 
consolidate the application rules for ESIMs into the general earth 
station application rule section of part 25.

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

    The RFA requires an agency to describe any significant, 
specifically

[[Page 27663]]

small business, alternatives that it has considered in reaching its 
proposed approach, which may include the following four alternatives 
(among others): ``(1) the establishment of differing compliance or 
reporting requirements or timetables that take into account the 
resources available to small entities; (2) the clarification, 
consolidation, or simplification of compliance and reporting 
requirements under the rules for such small entities; (3) the use of 
performance rather than design standards; and (4) an exemption from 
coverage of the rule, or any part thereof, for such small entities.''
    The NPRM seeks comment from all interested parties on revisions to 
simplify information collections in applications for ESIMs. In this 
NPRM, the Commission considers rule revisions to reflect changes and 
advances in the satellite industry. The NPRM proposes to eliminate 
unnecessary technical and information filing requirements, and 
reorganize and simplify existing requirements. All of these proposals 
could lessen the burden of compliance on small entities with more 
limited resources than larger entities.
    The Commission is aware that some of the proposals under 
consideration may impact small entities. Small entities are encouraged 
to bring to the Commission's attention any specific concerns they may 
have with the proposals outlined in the document. The Commission 
expects to consider the economic impact on small entities, as 
identified in comments filed in response to the proposed rule, in 
reaching its final conclusions and taking action in this proceeding.
    The proposed changes for earth station licensing would clarify 
requirements for routine licensing and expand applicability of routine 
licensing standards. Each of these changes could lessen the burden in 
the licensing process. Specifically, this NPRM proposes revisions to 
provide alternatives for filing requirements, reduce filing 
requirements and clarify ESIM license application requirements in such 
a way that applicant burden should be reduced. Thus, the Commission 
anticipates that the proposed revisions would ultimately lead to 
benefits for small earth station operators in the long-term.

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

    None.

List of Subjects

47 CFR Part 2

    Radio, Table of frequency allocations.

47 CFR Part 25

    Administrative practice and procedure, Earth stations, Satellites.


Federal Communications Commission.
Marlene H Dortch,
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 2 and 25 as 
follows:

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
1. The authority citation for part 2 continues to read as follows:

    Authority:  47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.

0
2. Section 2.106, the Table of Frequency Allocations, is amended as 
follows:
0
a. Pages 52 and 55 are revised.
0
b. In the list of International Footnotes, footnotes 5.484B and 5.527A 
are added.
0
c. In the list of United States (US) Footnotes, footnote US133 is 
revised.
0
d. In the list of non-Federal Government (NG) Footnotes, footnotes 
NG52, NG55, and NG180 are revised.


Sec.  2.106   Table of Frequency Allocations.

    The revisions and additions read as follows:
* * * * *

[[Page 27664]]

[GRAPHIC] [TIFF OMITTED] TP16JN17.000


[[Page 27665]]


[GRAPHIC] [TIFF OMITTED] TP16JN17.001


[[Page 27666]]



International Footnotes

* * * * *
    5.484B Resolution 155 (WRC-15) shall apply. (WRC-15)
* * * * *
    5.527A The operation of earth stations in motion communicating with 
the FSS is subject to Resolution 156 (WRC-15). (WRC-15)
* * * * *

United States (U.S.) Footnotes

* * * * *
    US133 In the bands 14-14.2 GHz and 14.47-14.5 GHz, the following 
provisions shall apply to the operations of Earth Stations Aboard 
Aircraft (ESAA):
    (a) In the band 14-14.2 GHz, ESAA licensees proposing to operate 
within radio line-of-sight of the coordinates specified in 47 CFR 
25.228(j)(1) are subject to prior coordination with NTIA in order to 
minimize harmful interference to the ground terminals of NASA's 
Tracking and Data Relay Satellite System (TDRSS).
    (b) In the band 14.47-14.5 GHz, operations within radio line-of-
sight of the radio astronomy stations specified in 47 CFR 25.228(j)(3) 
are subject to coordination with the National Science Foundation in 
accordance with 47 CFR 25.228(j)(3).
* * * * *

Non-Federal Government (NG) Footnotes

* * * * *
    NG52 Except as otherwise provided for herein, use of the bands 
10.7-11.7 GHz (space-to-Earth) and 12.75-13.25 GHz (Earth-to-space) by 
geostationary satellites in the fixed-satellite service (FSS) shall be 
limited to international systems, i.e., other than domestic systems. In 
the sub-bands 10.95-11.2 GHz and 11.45-11.7 GHz, Earth Stations in 
Motion (ESIMs), as regulated under 47 CFR part 25, may be authorized 
for the reception of FSS emissions from geostationary satellites, 
subject to the condition that these earth stations shall not claim 
protection from transmissions of non-Federal stations in the fixed 
service.
* * * * *
    NG55 In the bands 11.7-12.2 GHz (space-to-Earth), 14.0-14.5 GHz 
(Earth-to-space), 18.3-18.8 GHz (space-to-Earth), 19.7-20.2 GHz (space-
to-Earth), 28.35-28.6 GHz (Earth-to-space), and 29.25-30.0 GHz (Earth-
to-space), Earth Stations in Motion (ESIMs), as regulated under 47 CFR 
part 25, are applications of the fixed-satellite service and may be 
authorized to communicate with geostationary satellites in the fixed-
satellite service on a primary basis.
* * * * *
    NG180 In the band 3700-4200 MHz (space-to-Earth) earth stations on 
vessels (ESVs) may be authorized to communicate with space stations of 
the fixed-satellite service and, while docked, may be coordinated for 
up to 180 days, renewable. ESVs in motion have the same status as other 
operations in the FSS, but must operate on a secondary basis with 
respect to non-Federal stations in the fixed service.
* * * * *
0
3. Amend Sec.  25.103 by revising the definitions of ``Blanket 
license,'' and ``Earth Stations Aboard Aircraft (ESAA),'' adding in 
alphabetical order the definitions of ``Earth Stations in Motion 
(ESIMs)'' and ``Network Control and Monitoring Center (NCMC),'' and 
revising the definitions of ``Routine processing or licensing,'' ``Two-
degree compliant space station,'' and ``Vehicle-Mounted Earth Station'' 
to read as follows:


Sec.  25.103   Definitions.

* * * * *
    Blanket license. A license for:
    (1) Multiple earth stations in the FSS or MSS, or for SDARS 
terrestrial repeaters, that may be operated anywhere within a 
geographic area specified in the license; or
    (2) For multiple space stations in non-geostationary-orbit.
* * * * *
    Earth Station Aboard Aircraft (ESAA). An earth station operating 
aboard an aircraft that receives from and transmits to geostationary-
orbit Fixed-Satellite Service space stations.
* * * * *
    Earth Station in Motion (ESIM). A term that collectively designates 
ESV, VMES and ESAA earth stations, as defined in this section.
* * * * *
    Network Control and Monitoring Center (NCMC). An NCMC, as used in 
Part 25, is a facility that has the capability to remotely control 
earth stations operating as part of a satellite network or system.
* * * * *
    Routine processing or licensing. Expedited processing of unopposed 
applications for earth stations in the FSS communicating with GSO space 
stations that satisfy the criteria in Sec.  25.211(d), Sec.  25.212(c), 
Sec.  25.212(d), Sec.  25.212(e), Sec.  25.212(f), Sec.  25.218, or 
Sec.  25.223(b), include all required information, are consistent with 
all Commission rules, and do not raise any policy issues. Some, but not 
all, routine earth station applications are eligible for an autogrant 
procedure under Sec.  25.115(a)(3).
* * * * *
    Two-degree-compliant space station. A GSO FSS space station 
operating in the conventional or extended C-bands, the conventional or 
extended Ku-bands, or the conventional Ka-band within the limits on 
downlink e.i.r.p. density or PFD specified in Sec.  25.140(a)(3) and 
communicating only with earth stations operating in conformance with 
routine uplink parameters specified in Sec.  25.211(d), Sec.  
25.212(c), (d), (e), or (f), or Sec.  25.218.
    Vehicle-Mounted Earth Station (VMES). An earth station, operating 
from a motorized vehicle that travels primarily on land, that receives 
from and transmits to geostationary orbit Fixed-Satellite Service space 
stations and operates within the United States.
0
4. Amend Sec.  25.115 by:
0
a. Revising paragraphs (a)(1) and (a)(2)(iii);
0
b. Removing and reserving paragraph (a)(4);
0
c. Adding paragraphs (a)(5) through (10);
0
d. Revising paragraph (b);
0
e. Revising paragraphs (c)(1) introductory text, (c)(1)(i)(A), 
(c)(3)(i)(B), (c)(3)(ii), (e), (g)(1)(vii), and (k)(1) and (2); and
0
f. Adding paragraphs (l), (m), and (n).
    The revisions and additions read as follows:


Sec.  25.115   Applications for earth station authorizations.

    (a)(1) Transmitting earth stations. Commission authorization must 
be obtained for authority to operate a transmitting earth station. 
Applications for transmitting earth stations must be filed 
electronically through the International Bureau Filing System (IBFS) in 
accordance with the applicable provisions of part 1, subpart Y of this 
chapter. Applications must be filed electronically on FCC Form 312, 
Main Form and Schedule B, and include the information specified in this 
section, except as set forth in paragraph (a)(2) of this section.
    (2) * * *
    (iii) The application meets all relevant criteria in Sec. Sec.  
25.211 or 25.212 or includes information filed pursuant to paragraph 
(g)(1) of this section indicating that off-axis e.i.r.p. density from 
the proposed earth stations will not exceed relevant levels specified 
in Sec.  25.218; and
* * * * *
    (5) Applicants that are not permitted to submit applications under 
paragraph (a)(2) of this section on Form 312EZ,

[[Page 27667]]

must submit, as an attachment to their application, the following 
information to be used as an ``informative'' in the public notice 
issued under Sec.  25.151:
    (i) A detailed description of the service to be provided, including 
frequency bands and satellites to be used. The applicant must identify 
either the specific satellite(s) with which it plans to operate, or the 
eastern and western boundaries of the arc it plans to coordinate.
    (ii) The diameter or equivalent diameter of the antenna.
    (iii) Proposed power and power density levels.
    (iv) Identification of any random access technique, if applicable.
    (v) Identification of a specific rule or rules for which a waiver 
is requested.
    (6) A frequency coordination analysis in accordance with Sec.  
25.203 (b) must be provided for earth stations transmitting in the 
frequency bands shared with equal rights between terrestrial and space 
services, except applications for user transceiver units associated 
with the NVNG MSS, which must instead provide the information required 
by Sec.  25.135, and applications for 1.6/2.4 GHz MSS user 
transceivers, which must demonstrate that the transceivers will operate 
in compliance with relevant requirements in Sec.  25.213. Also, 
applications for transmitting earth stations must include any 
notification or demonstration required by any other relevant provision 
in Sec.  25.203.
    (7) In those cases where an applicant is filing a number of 
essentially similar applications, showings of a general nature 
applicable to all of the proposed stations may be submitted in the 
initial application and incorporated by reference in subsequent 
applications.
    (8) Transmissions of signals or programming to non-U.S. licensed 
satellites, and to and/or from foreign points by means of U.S.-licensed 
fixed satellites may be subject to restrictions as a result of 
international agreements or treaties. The Commission will maintain 
public information on the status of any such agreements.
    (9) Applicants seeking to operate in a shared government/non-
government band must provide the half-power beam width of their 
proposed earth station antenna, as an attachment to their applications.
    (10) Parties may apply, either in an initial application or an 
application for modification of license, for operating authority for 
multiple transmitting FSS earth stations that are not eligible for 
blanket or network licensing under another section of this part in the 
following circumstances:
    (i) The antennas would transmit in frequency bands shared with 
terrestrial services on a co-primary basis and the antennas would be 
sited within an area bounded by 1 second of latitude and 1 second of 
longitude.
    (ii) The antennas would transmit in frequency bands allocated to 
FSS on a primary basis and there is no co-primary allocation for 
terrestrial services, and the antennas would be sited within an area 
bounded by 10 seconds of latitude and 10 seconds of longitude.

    Note To Paragraph (a)(10):  This paragraph does not apply to 
applications for blanket-licensed earth station networks filed 
pursuant to paragraph (c) of this section or Sec.  25.218; 
applications for conventional Ka-band hub stations filed pursuant to 
paragraph (e) of this section; applications for NGSO FSS gateway 
earth stations filed pursuant to paragraph (f) of this section; 
applications for ESIMs filed pursuant to paragraphs (l) through (n) 
of this section; or applications for 29 GHz NGSO MSS feeder-link 
stations in a complex as defined in Sec.  25.257.

    (b) Receive-only earth stations. Except as provided in paragraphs 
(b)(1) and (8) of this section, applications for licenses for receive-
only earth stations must be submitted on FCC Form 312, Main Form and 
Schedule B, accompanied by any required exhibits and the information 
described in paragraphs (a)(5)(i) through (v) of this section. Such 
applications must be filed electronically through the International 
Bureau Filing System (IBFS) in accordance with the applicable 
provisions of part 1, subpart Y of this chapter.
    (1) Receive-only earth stations in the FSS that operate with U.S.-
licensed space stations, or with non-U.S.-licensed space stations that 
have been duly approved for U.S. market access, may be registered with 
the Commission in order to protect them from interference from 
terrestrial microwave stations in bands shared co-equally with the 
Fixed Service in accordance with the procedures of Sec. Sec.  25.203 
and 25.251, subject to the stricture in Sec.  25.209(c).
    (2) Licensing or registration of receive-only earth stations with 
the Commission confers no authority to receive and use signals or 
programming received from satellites. See section 705 of the 
Communications Act. 47 U.S.C. 605.
    (3) Applications for registration must be accompanied by the 
coordination exhibit required by Sec.  25.203 and any other required 
exhibits.
    (4) Complete applications for registration will be placed on public 
notice for 30 days and automatically granted if no objection is 
submitted to the Commission and served on the applicant. Additional 
pleadings are authorized in accordance with Sec.  1.45 of this chapter.
    (5) The registration of a receive-only earth station results in the 
listing of an authorized frequency band at the location specified in 
the registration. Interference protection levels are those agreed to 
during coordination.
    (6) Reception of signals or programming from non-U.S. satellites 
may be subject to restrictions as a result of international agreements 
or treaties. The Commission will maintain public information on the 
status of any such agreements.
    (7) Registration term: Registrations for receive-only earth 
stations governed by this section will be issued for a period of 15 
years from the date on which the application was filed. Applications 
for renewals of registrations must be submitted on FCC Form 312R 
(Application for Renewal of Radio Station License in Specified 
Services) no earlier than 90 days and no later than 30 days before the 
expiration date of the registration.
    (8) Applications for modification of license or registration of 
receive-only earth stations must be made in conformance with Sec. Sec.  
25.117 and 25.118. In addition, registrants are required to notify the 
Commission when a receive-only earth station is no longer operational 
or when it has not been used to provide any service during any 6-month 
period.
    (9)(i) Except as set forth in paragraph (9)(ii) of this section, 
receive-only earth stations operating with non-U.S. licensed space 
stations must file an FCC Form 312 requesting a license or modification 
to operate such station.
    (ii) Operators of receive-only earth stations need not apply for a 
license to receive transmissions from non-U.S.-licensed space stations 
that have been duly approved for U.S. market access, provided the space 
station operator and earth station operator comply with all applicable 
rules in this chapter and with applicable conditions in the Permitted 
Space Station List or market-access grant.
    (c) * * *
    (1) Networks of earth stations operating in the 11.7-12.2 GHz and 
14.0-14.5 GHz bands with U.S.-licensed or non-U.S.-licensed space 
stations. Applications to license networks of earth stations operating 
in any portion of the 11.7-12.2 GHz and 14.0-14.5 GHz bands under 
blanket operating authority may be filed on FCC Form 312 or Form 312EZ, 
with a Schedule B for each large (5 meters or larger) hub station 
antenna and each representative type of small antenna (less than 5 
meters) operating within the network.

[[Page 27668]]

    (i) * * *
    (A) No more than three geostationary satellites to be accessed;
* * * * *
    (3) * * *
    (i) * * *
    (B) The application includes information filed pursuant to 
paragraph (g)(1) of this section indicating that off-axis e.i.r.p. 
density from the proposed earth stations will not exceed relevant 
routine levels specified in Sec.  25.218(i).
    (ii) Applications to license networks of earth stations operating 
in the 28.35-28.6 GHz and/or 29.25-30.0 GHz bands under blanket 
operating authority that do not meet the requirements of Sec. Sec.  
25.212(e) or 25.218(i) must comply with the requirements in Sec.  
25.220 and must be filed on FCC Form 312 with a Schedule B for each 
large (5 meters or larger) hub station antenna and each representative 
type of small antenna (less than 5 meters) operating within the 
network.
* * * * *
    (e) License applications for earth station operation in any portion 
of the 18.3-20.2 GHz and 28.35-30.0 GHz bands not filed on FCC Form 
312EZ pursuant to paragraph (a)(2) of this section must be filed on FCC 
Form 312, Main Form and Schedule B, and must include any information 
required by paragraphs (a)(5)-(10), (g), or (j) of this section. An 
applicant may request authority for operation of GSO FSS earth stations 
in the conventional Ka-band, or for operation of NGSO FSS earth 
stations in the 18.8-19.3 GHz (space-to-Earth) and 28.6-29.1 (Earth-to-
space) bands, without specifying the location of user terminals but 
must specify the geographic area(s) in which they will operate and the 
location of hub and/or gateway stations.
* * * * *
    (g) * * *
    (1) * * *
    (vii) The relevant off-axis e.i.r.p. density envelopes in Sec.  
25.218 or Sec.  25.223 must be superimposed on plots submitted pursuant 
to paragraphs (g)(1)(i) through (vi) of this section.
* * * * *
    (k)(1) Applicants for FSS earth stations that qualify for routine 
processing in the conventional or extended C-bands, the conventional or 
extended Ku-bands, the conventional Ka-band, or the 24.75-25.25 GHz 
band, including ESV applications filed pursuant to paragraph (m)(1) or 
(n)(1) of this section, VMES applications filed pursuant to paragraph 
(m)(1) or (n)(1) of this section, and ESAA applications filed pursuant 
to paragraph (m)(1) or (n)(1) of this section, may designate the 
Permitted Space Station List as a point of communication. Once such an 
application is granted, the earth station operator may communicate with 
any space station on the Permitted Space Station List, provided that 
the operation is consistent with the technical parameters and 
conditions in the earth station license and any limitations placed on 
the space station authorization or noted in the Permitted Space Station 
List.
    (2) Notwithstanding paragraph (k)(1) of this section, an earth 
station that would receive signals in the 17.8-20.2 GHz band may not 
communicate with a space station on the Permitted Space Station List in 
that band until the space station operator has completed coordination 
under Footnote US334 to Sec.  2.106 of this chapter.
    (l) The requirements of this paragraph apply to applications for 
ESV operation in the 5925-6425 MHz (Earth-to-space) band with GSO 
satellites in the Fixed-Satellite Service, in addition to the 
requirements in paragraphs (a)(1), (a)(5), (a)(6), and (i) of this 
section:
    (1) Applications where any necessary frequency coordination has 
been satisfactorily completed, and the proposed earth station 
transmissions comport with the applicable provisions in Sec.  25.212(d) 
or the applicable off-axis e.i.r.p. density limits in Sec.  25.218(d) 
will be routinely processed. Such applications must include the 
relevant information specified by paragraph (g) of this section. 
Applicants for ESIMs operating in a network using variable power 
density control of earth stations transmitting simultaneously in shared 
frequencies to the same target satellite receiving beam must also 
provide the certification required by section 25.212(g) or 
25.218(d)(4), whichever is applicable.
    (2) Applications where the proposed earth station transmissions do 
not comport with the applicable provisions in Sec.  25.212(d) or the 
applicable off-axis e.i.r.p. density limits in Sec.  25.218(d) must 
include the information specified by paragraph (g)(1) of this section, 
and are subject to the requirements of Sec.  25.220.
    (3) Applications must include the following information:
    (i) A demonstration that the ESV system is capable of detecting and 
automatically ceasing emissions within 100 milliseconds when the 
transmitter exceeds the off-axis EIRP spectral-density limits specified 
in Sec.  25.218(d), or the limits provided to the target satellite 
operator for operation under Sec.  25.220. ESV applicants must provide 
a detailed showing that an individual ESV terminal is self-monitoring 
and capable of automatically ceasing or reducing emissions within 100 
milliseconds if the ESV transmitter exceeds the relevant off-axis 
e.i.r.p. spectral-density limits. Variable-power ESV applicants must 
provide a detailed showing that one or more transmitters are capable of 
automatically ceasing or reducing emissions within 100 milliseconds of 
receiving a command to do so from the system's network control and 
monitoring center, if the aggregate off-axis e.i.r.p. spectral-
densities of the transmitter or transmitters exceed the relevant off-
axis e.i.r.p. spectral-density limits.
    (ii) An exhibit describing the geographic area(s) in which the ESVs 
will operate.
    (iii) The point of contact information referred to in Sec.  
25.228(e)(2).
    (iv) Applicants for ESVs that will exceed the guidelines in Sec.  
1.1310 of this chapter for radio frequency radiation exposure must 
provide, with their environmental assessment, a plan for mitigation of 
radiation exposure to the extent required to meet those guidelines.
    (m) The requirements of this paragraph apply to applications for 
ESIM operation in the 14.0-14.5 GHz (Earth-to-space) band with GSO 
satellites in the Fixed-Satellite Service, in addition to the 
requirements in paragraphs (a)(1), (a)(5), and (i) of this section:
    (1) Applications where any necessary frequency coordination has 
been satisfactorily completed, and the proposed earth station 
transmissions comport with the applicable provisions in Sec.  25.212(d) 
or the applicable off-axis e.i.r.p. density limits in Sec.  25.218(f) 
will be routinely processed. Such applications must include the 
relevant information specified by paragraph (g) of this section. 
Applicants for ESIMs operating in a network using variable power 
density control of earth stations transmitting simultaneously in shared 
frequencies to the same target satellite receiving beam must also 
provide the certification required by section 25.212(g) or section 
25.218(f)(4), whichever is applicable.
    (2) Applications where the proposed earth station transmissions do 
not comport with the applicable provisions in Sec.  25.212(d) or the 
applicable off-axis e.i.r.p. density limits in Sec.  25.218(f) must 
include the information specified by paragraph (g)(1) of this section, 
and are subject to the requirements of Sec.  25.220.
    (3) Applications must include the following information:
    (i) A demonstration that the ESIM system is capable of detecting 
and automatically ceasing emissions within 100 milliseconds when the 
transmitter

[[Page 27669]]

exceeds the off-axis e.i.r.p. spectral-density limits specified in 
Sec.  25.218(f), or the limits provided to the target satellite 
operator for operation under Sec.  25.220. ESIM applicants must provide 
a detailed showing that an individual ESIM terminal is self-monitoring 
and capable of automatically ceasing or reducing emissions within 100 
milliseconds if the ESIM transmitter exceeds the relevant off-axis 
e.i.r.p. spectral-density limits. Variable-power ESIM applicants must 
provide a detailed showing that one or more transmitters are capable of 
automatically ceasing or reducing emissions within 100 milliseconds of 
receiving a command to do so from the system's network control and 
monitoring center, if the aggregate off-axis e.i.r.p. spectral-
densities of the transmitter or transmitters exceed the relevant off-
axis e.i.r.p. spectral-density limits.
    (ii) An exhibit describing the geographic area(s) in which the 
ESIMs will operate.
    (iii) The point of contact information referred to in Sec.  
25.228(e)(2), (f), or (g)(1) as appropriate.
    (iv) Applicants for ESIMs that will exceed the guidelines in Sec.  
1.1310 of this chapter for radio frequency radiation exposure must 
provide, with their environmental assessment, a plan for mitigation of 
radiation exposure to the extent required to meet those guidelines.
    (n) The requirements of this paragraph apply to applications for 
ESIM operation in the 28.35-28.6 GHz or 29.25-30.0 GHz (Earth-to-space) 
band with GSO satellites in the Fixed-Satellite Service, in addition to 
the requirements in paragraphs (a)(1), (a)(5), and (i) of this section:
    (1) Applications where any necessary frequency coordination has 
been satisfactorily completed, and the proposed earth station 
transmissions comport with the applicable provisions in Sec.  25.212(e) 
or the applicable off-axis e.i.r.p. density limits in Sec.  25.218(i) 
will be routinely processed. Such applications must include the 
relevant information specified by paragraph (g) of this section. 
Applicants for ESIMs operating in a network using variable power 
density control of earth stations transmitting simultaneously in shared 
frequencies to the same target satellite receiving beam must also 
provide the certification required by section 25.212(g) or section 
25.218(i)(5), whichever is applicable.
    (2) Applications where the proposed earth station transmissions do 
not comport with the applicable provisions in Sec.  25.212(e) or the 
applicable off-axis e.i.r.p. density limits in Sec.  25.218(i) must 
include the information specified by paragraph (g)(1) of this section, 
and are subject to the requirements of Sec.  25.220.
    (3) Applications must include the following information:
    (i) A demonstration that the ESIM system is capable of detecting 
and automatically ceasing emissions within 100 milliseconds when the 
transmitter exceeds the off-axis e.i.r.p. spectral-density limits 
specified in Sec.  25.218(i), or the limits provided to the target 
satellite operator for operation under Sec.  25.220. ESIM applicants 
must provide a detailed showing that an individual ESIM terminal is 
self-monitoring and capable of automatically ceasing or reducing 
emissions within 100 milliseconds if the ESIM transmitter exceeds the 
relevant off-axis e.i.r.p. spectral-density limits. Variable-power ESIM 
applicants must provide a detailed showing that one or more 
transmitters are capable of automatically ceasing or reducing emissions 
within 100 milliseconds of receiving a command to do so from the 
system's network control and monitoring center, if the aggregate off-
axis e.i.r.p. spectral-densities of the transmitter or transmitters 
exceed the relevant off-axis e.i.r.p. spectral-density limits.
    (ii) An exhibit describing the geographic area(s) in which the ESIM 
s will operate.
    (iii) The point of contact information referred to in Sec.  
25.228(e)(2), (f), or (g)(1) as appropriate.
    (iv) Applicants for ESIMs that will exceed the guidelines in Sec.  
1.1310 of this chapter for radio frequency radiation exposure must 
provide, with their environmental assessment, a plan for mitigation of 
radiation exposure to the extent required to meet those guidelines.


Sec.  25.130   [Removed and Reserved]

0
5. Remove and reserve Sec.  25.130.


Sec.  25.131   [Removed and Reserved]

0
6. Remove and reserve Sec.  25.131.
0
7. Amend Sec.  25.132 by revising paragraph (d) to read as follows:


Sec.  25.132   Verification of earth station antenna performance.

* * * * *
    (d) For each new or modified transmitting antenna over 3 meters in 
diameter, the following on-site verification measurements must be 
completed at one frequency on an available transponder in each 
frequency band of interest and submitted to the Commission.
* * * * *
0
8. Amend Sec.  25.133 by revising paragraph (d) to read as follows:


Sec.  25.133   Period of construction; certification of commencement of 
operation.

* * * * *
    (d) Each receiving earth station licensed or registered pursuant to 
Sec.  25.115(b) must be constructed and placed into service within 6 
months after coordination has been completed. Each licensee or 
registrant must file with the Commission a certification that the 
facility is completed and operating as provided in paragraph (b) of 
this section, with the exception of certification of antenna patterns.


Sec.  25.138   [Removed and Reserved]

0
9. Remove and reserve Sec.  25.138.
0
10. Amend Sec.  25.140 by revising paragraphs (a)(3)(iii) and (d)(1) to 
read as follows:


Sec.  25.140  Further requirements for license applications for GSO 
space station operation in the FSS and the 17/24 GHz BSS.

    (a) * * *
    (3) * * *
    (iii) With respect to proposed operation in the conventional Ka-
band, a certification that the proposed space station will not generate 
power flux-density at the Earth's surface in excess of -118 dBW/m\2\/
MHz and that associated uplink operation will not exceed applicable 
e.i.r.p. density envelopes in Sec.  25.218(i) unless the non-routine 
uplink and/or downlink operation is coordinated with operators of 
authorized co-frequency space stations at assigned locations within six 
degrees of the orbital location and except as provided in paragraph (d) 
of this section.
* * * * *
    (d) * * *
    (1) The letter notification must include the downlink off-axis 
e.i.r.p. density levels or power flux density levels and/or uplink off-
axis e.i.r.p. density levels, specified per frequency range and space 
station antenna beam, that exceed the relevant routine limits set forth 
in paragraphs (a)(3)(i) through (iii) of this section and Sec.  25.218.
* * * * *
0
11. Amend Sec.  25.202 by revising paragraphs (a)(8), (10), and (11) to 
read as follows:


Sec.  25.202   Frequencies, frequency tolerance, and emission limits.

    (a) * * *
    (8) The following frequencies are available for use by ESVs:

3700-4200 MHz (space-to-Earth)
5925-6425 MHz (Earth-to-space)
10.95-11.2 GHz (space-to-Earth)
11.45-11.7 GHz (space-to-Earth)

[[Page 27670]]

11.7-12.2 GHz (space-to-Earth)
14.0-14.5 GHz (Earth-to-space)
18.3-18.8 GHz (space-to-Earth)
19.7-20.2 GHz (space-to-Earth)
28.35-28.6 GHz (Earth-to-space)
29.25-30.0 GHz (Earth-to-space)
* * * * *
    (10) The following frequencies are available for use by Vehicle-
Mounted Earth Stations (VMESs):

10.95-11.2 GHz (space-to-Earth)
11.45-11.7 GHz (space-to-Earth)
11.7-12.2 GHz (space-to-Earth)
14.0-14.5 GHz (Earth-to-space)
18.3-18.8 GHz (space-to-Earth)
19.7-20.2 GHz (space-to-Earth)
28.35-28.6 GHz (Earth-to-space)
29.25-30.0 GHz (Earth-to-space)

    (11) The following frequencies are available for use by Earth 
Stations Aboard Aircraft (ESAAs):

10.95-11.2 GHz (space-to-Earth)
11.45-11.7 GHz (space-to-Earth)
11.7-12.2 GHz (space-to-Earth)
14.0-14.5 GHz (Earth-to-space)
18.3-18.8 GHz (space-to-Earth)
19.7-20.2 GHz (space-to-Earth)
28.35-28.6 GHz (Earth-to-space)
29.25-30.0 GHz (Earth-to-space)
* * * * *
0
12. Amend Sec.  25.204 by revising paragraph (e)(3) and removing 
paragraphs (h) through (k).
    The revision reads as follows:


Sec.  25.204  Power limits for earth stations.

* * * * *
    (e) * * *
    (3) FSS earth stations transmitting to geostationary space stations 
in the 28.35-28.6 GHz and/or 29.25-30.0 GHz bands may employ uplink 
adaptive power control or other methods of fade compensation. For 
stations employing uplink power control, the values in paragraphs 
(i)(1), (i)(2), and (i)(4) of Sec.  25.218 may be exceeded by up to 20 
dB under conditions of uplink fading due to precipitation. The amount 
of such increase in excess of the actual amount of monitored excess 
attenuation over clear sky propagation conditions must not exceed 1.5 
dB or 15 percent of the actual amount of monitored excess attenuation 
in dB, whichever is larger, with a confidence level of 90 percent 
except over transient periods accounting for no more than 0.5 percent 
of the time during which the excess is no more than 4.0 dB.
* * * * *
0
13. Amend Sec.  25.209 by revising paragraphs (c)(1) and (f) to read as 
follows:


Sec.  25.209   Earth station antenna performance standards.

* * * * *
    (c)(1) An earth station licensed for operation with a GSO FSS space 
station or registered for reception of transmissions from such a space 
station pursuant to Sec. Sec.  25.115(b)(1) and (3) is not entitled to 
protection from interference from authorized operation of other 
stations that would not cause harmful interference to that earth 
station if it were using an antenna with receive-band gain patterns 
conforming to the levels specified in paragraphs (a) and (b) of this 
section.
* * * * *
    (f) A GSO FSS earth station with an antenna that does not conform 
to the applicable standards in paragraphs (a) and (b) of this section 
will be authorized only if the applicant demonstrates that the antenna 
will not cause unacceptable interference. This demonstration must show 
that the transmissions of the earth station comport with the 
requirements in Sec.  25.218 or Sec.  25.223, or the applicant must 
demonstrate that the operations of the earth station have been 
coordinated under Sec.  25.220.
0
14. Amend Sec.  25.212 by revising paragraphs (c), (d), (g), and (h) to 
read as follows:


Sec.  25.212   Narrowband analog transmissions and digital 
transmissions in the GSO Fixed Satellite Service.

* * * * *
    (c)(1) An earth station, other than an ESIM, may be routinely 
licensed for analog transmissions in the conventional Ku-band or the 
extended Ku-band with bandwidths up to 200 kHz (or up to 1 MHz for 
command carriers at the band edge) if the input power spectral density 
into the antenna will not exceed -8 dBW/4 kHz, and the application 
includes certification pursuant to Sec.  25.132(a)(1) of conformance 
with the antenna gain performance requirements in Sec.  25.209(a) and 
(b).
    (2) An earth station may be routinely licensed for digital 
transmission, including digital video transmission, in the conventional 
Ku-band, or, except for an ESIM, in the extended Ku-band, if input 
power spectral density into the antenna will not exceed -14 dBW/4 kHz 
and the application includes certification pursuant to Sec.  
25.132(a)(1) of conformance with the antenna gain performance 
requirements in Sec.  25.209(a) and (b).
    (d) An individual earth station may be routinely licensed for 
digital transmission in the conventional C-band or, except for an ESIM, 
in the extended C-band, if the applicant certifies conformance with 
relevant antenna performance standards in Sec.  25.209(a) and (b), and 
power density into the antenna will not exceed -2.7 dBW/4 kHz. An 
individual earth station, other than an ESIM, may be routinely licensed 
for analog transmission with carrier bandwidths up to 200 kHz (or up to 
1 MHz for command carriers at the band edge) in the conventional C-band 
or the extended C-band, if the applicant certifies conformance with 
relevant antenna performance standards in Sec.  25.209(a) and (b), and 
power density into the antenna will not exceed +0.5 dBW/4 kHz.
* * * * *
    (g) A license application for earth station operation in a network 
using variable power density control of earth stations transmitting 
simultaneously in shared frequencies to the same target satellite 
receiving beam may be routinely processed if the applicant certifies 
that the aggregate off-axis EIRP density from all co-frequency earth 
stations transmitting simultaneously to the same target satellite 
receiving beam, not resulting from colliding data bursts transmitted 
pursuant to a contention protocol, will not exceed the applicable off-
axis EIRP density limits permissible for a single earth station, as 
specified in Sec.  25.218.
    (h) Applications for authority for fixed earth station operation in 
the conventional C-band, the extended C-band, the conventional Ku-band, 
the extended Ku-band or the conventional Ka-band that do not qualify 
for routine processing under relevant criteria in this section, Sec.  
25.211, or Sec.  25.218 are subject to the requirements in Sec.  
25.220.
0
15. Amend Sec.  25.218 by revising paragraphs (a), (b) introductory 
text, and (i), and adding paragraph (j) to read as follows:


Sec.  25.218   Off-axis e.i.r.p. density envelopes for FSS earth 
stations transmitting in certain frequency bands.

    (a) This section applies to applications for fixed and temporary-
fixed FSS earth stations transmitting to geostationary space stations 
in the conventional C-band, extended C-band, conventional Ku-band, 
extended Ku-band, or conventional Ka-band, and applications for ESIMs 
transmitting in the conventional C-band, conventional Ku-band, or 
conventional Ka-band, except for applications proposing transmission of 
analog command signals at a band edge with bandwidths greater than 1 
MHz or transmission of any other type of analog signal with bandwidths 
greater than 200 kHz.
    (b) Earth station applications subject to this section may be 
routinely processed if they meet the applicable

[[Page 27671]]

off-axis e.i.r.p. density envelopes set forth in this section.
* * * * *
    (i) Digital earth station operation in the conventional Ka-band. 
(1) For co-polarized transmissions in the plane tangent to the GSO arc:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
32.5-25log([thgr])....................  dBW/MHz..................                for   2.0[deg] <= [thgr] <=
                                                                                        7[deg]
11.5..................................  dBW/MHz..................                for   7[deg] <= [thgr] <=
                                                                                        9.2[deg]
35.5-25log([thgr])....................  dBW/MHz..................                for   9.2[deg] <= [thgr] <=
                                                                                        19.1[deg]
3.5...................................  dBW/MHz..................                for   19.1[deg] < [thgr] <=
                                                                                        180[deg]
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (c)(1) of this section.
    (2) For co-polarized transmissions in the plane perpendicular to 
the GSO arc:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
35.5-25log([thgr])....................  dBW/MHz..................                for   3.5[deg] <= [thgr] <=
                                                                                        7[deg]
14.4..................................  dBW/MHz..................                for   7[deg] < [thgr] <=
                                                                                        9.2[deg]
38.5-25log([thgr])....................  dBW/MHz..................                for   9.2[deg] < [thgr] <=
                                                                                        19.1[deg]
6.5...................................  dBW/MHz..................                for   19.1[deg] < [thgr] <=
                                                                                        180[deg]
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (c)(1) of this section.
    (3) The e.i.r.p. density levels specified in paragraphs (i)(1) and 
(2) of this section may be exceeded by up to 3 dB, for values of [thgr] 
> 7[deg], over 10% of the range of theta ([thgr]) angles from 7-
180[deg] on each side of the line from the earth station to the target 
satellite.
    (4) For cross-polarized transmissions in the plane tangent to the 
GSO arc and in the plane perpendicular to the GSO arc:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
22.5-25log([thgr])....................  dBW/MHz..................                for   2.0[deg] < [thgr] <=
                                                                                        7.0[deg]
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (c)(1) of this section.
    (5) A license application for earth station operation in a network 
using variable power density control of earth stations transmitting 
simultaneously in shared frequencies to the same target satellite 
receiving beam may be routinely processed if the applicant certifies 
that the aggregate off-axis e.i.r.p. density from all co-frequency 
earth stations transmitting simultaneously to the same target satellite 
receiving beam, not resulting from colliding data bursts transmitted 
pursuant to a contention protocol, will not exceed the off-axis 
e.i.r.p. density limits permissible for a single earth station, as 
specified in paragraphs (i)(1) through (4) of this section.
    (j) Applications for authority for fixed earth station operation in 
the conventional C-band, extended C-band, conventional Ku-band, 
extended Ku-band, or conventional Ka-band that do not qualify for 
routine processing under relevant criteria in this section, Sec.  
25.211, or Sec.  25.212 are subject to the requirements in Sec.  
25.220.
0
16. Amend Sec.  25.220 revising paragraph (a) to read as follows:


Sec.  25.220   Non-conforming transmit/receive earth station 
operations.

    (a) The requirements in this section apply to applications for, and 
operation of, earth stations transmitting in the conventional or 
extended C-bands, the conventional or extended Ku-bands, or the 
conventional Ka-band that do not qualify for routine licensing under 
relevant criteria in Sec. Sec.  25.211, 25.212, or 25.218.
* * * * *


Sec.  25.221   [Removed]

0
17. Remove Sec.  25.221.


Sec.  25.222   [Removed]

0
18. Remove Sec.  25.222.


Sec.  25.226   [Removed]

0
19. Remove Sec.  25.226.


Sec.  25.227   [Removed]

0
20. Remove Sec.  25.227.
0
21. Add Sec.  25.228 to read as follows:


Sec.  25.228   Operating and coordination requirements for earth 
stations in motion (ESIMs).

    (a) ESIM transmissions must comport with the applicable e.i.r.p. 
density limits in Sec.  25.218, unless coordinated pursuant to the 
requirements in Sec.  25.220.
    (b) Each ESIM must be self-monitoring and, should a condition occur 
that would cause the ESIM to exceed its authorized off-axis e.i.r.p. 
density limits, the ESIM must automatically cease transmissions within 
100 milliseconds, and not resume transmissions until the condition that 
caused the ESIM to exceed those limits is corrected.
    (c) Each ESIM must be monitored and controlled by a network control 
and monitoring center (NCMC) or equivalent facility. Each ESIM must 
comply with ``disable transmission'' commands from the NCMC. In 
addition, the NCMC must monitor the operation of each ESIM in its 
network, and transmit a ``disable transmission'' command to any ESIM 
that operates in such a way as to exceed the authorized off-axis 
e.i.r.p. density limit for that ESIM or for all ESIMs that 
simultaneously transmit on the same frequency to the same target 
satellite receiving beam. The NCMC must not allow the ESIM(s) under its 
control to resume transmissions until the condition that caused the 
ESIM(s) to exceed the authorized e.i.r.p. density limits is corrected.
    (d) ESIM licensees must ensure installation of ESIM terminals on 
vehicles 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 ESIM terminal exhibiting radiation exposure 
levels exceeding 1.0 mW/cm \2\ in accessible areas, such as at the 
exterior surface of the radome, must have a label attached to the 
surface of the terminal warning about the radiation hazard and must 
include thereon a diagram showing the regions around the terminal where 
the radiation levels could exceed the maximum radiation exposure limit 
specified in 47 CFR 1.1310 Table 1.
    (e) The following requirements govern all ESV operations.
    (1) ESV operators must control all ESVs by a NCMC located in the 
United States, except that an ESV on U.S.-

[[Page 27672]]

registered vessels may operate under control of a NCMC location outside 
the United States provided the ESV operator maintains a point of 
contact within the United States that will have the capability and 
authority to cause an ESV on a U.S.-registered vessel to cease 
transmitting if necessary.
    (2) There must be a point of contact in the United States, with 
phone number and address, available 24 hours a day, seven days a week, 
with authority and ability to cease all emissions from the ESVs, either 
directly or through the facilities of a U.S. NCMC or a NCMC located in 
another country with which the United States has a bilateral agreement 
that enables such cessation of emissions.
    (3) ESV NCMC operators communicating with ESVs on vessels of 
foreign registry must maintain detailed information on each such 
vessel's country of registry and a point of contact for the relevant 
administration responsible for licensing those ESVs.
    (f) For all VMES operations, there must be a point of contact in 
the United States, with phone number and address, available 24 hours a 
day, seven days a week, with authority and ability to cease all 
emissions from the VMESs.
    (g) The following requirements govern all ESAA operations.
    (1) There must be a point of contact in the United States, with 
phone number and address, available 24 hours a day, seven days a week, 
with authority and ability to cease all emissions from the ESAAs.
    (2) All ESAA terminals operated in U.S. airspace, whether on U.S.-
registered civil aircraft or non-U.S.-registered civil aircraft, must 
be licensed by the Commission. All ESAA terminals on U.S.-registered 
civil aircraft operating outside of U.S. airspace must be licensed by 
the Commission, except as provided by section 303(t) of the 
Communications Act.
    (3) Prior to operations within a foreign nation's airspace, the 
ESAA operator must ascertain whether the relevant administration has 
operations that could be affected by ESAA terminals, and must determine 
whether that administration has adopted specific requirements 
concerning ESAA operations. When the aircraft enters foreign airspace, 
the ESAA terminal must operate under the Commission's rules, or those 
of the foreign administration, whichever is more constraining. To the 
extent that all relevant administrations have identified geographic 
areas from which ESAA operations would not affect their radio 
operations, ESAA operators may operate within those identified areas 
without further action. To the extent that the foreign administration 
has not adopted requirements regarding ESAA operations, ESAA operators 
must coordinate their operations with any potentially affected 
operations.
    (h) The following requirements govern all operations in the 3700-
4200 MHz (space-to-Earth) and 5925-6425 MHz (Earth-to-space) frequency 
bands of ESVs receiving from or transmitting to GSO satellites in the 
Fixed-Satellite Service.
    (1) ESVs must not operate in the 5925-6425 MHz (Earth-to-space) and 
3700-4200 MHz (space-to-Earth) frequency bands on vessels smaller than 
300 gross tons.
    (2) ESV operators transmitting in the 5925-6425 MHz (Earth-to-
space) frequency band to GSO satellites in the Fixed-Satellite Service 
(FSS) must not seek to coordinate, in any geographic location, more 
than 36 megahertz of uplink bandwidth on each of no more than two GSO 
FSS satellites.
    (3) ESVs, operating while docked, for which coordination with 
terrestrial stations in the 3700-4200 MHz band is completed in 
accordance with Sec.  25.251, will receive protection from such 
terrestrial stations in accordance with the coordination agreements, 
for 180 days, renewable for 180 days.
    (4) ESVs in motion must not claim protection from harmful 
interference from any authorized terrestrial stations to which 
frequencies are already assigned, or any authorized terrestrial station 
to which frequencies may be assigned in the future in the 3700-4200 MHz 
(space-to-Earth) frequency band.
    (5) 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, must complete coordination with potentially affected 
U.S.-licensed fixed service operators prior to operation. The 
coordination method and the interference criteria objective will be 
determined by the frequency coordinator. The details of the 
coordination must be maintained and available at the frequency 
coordinator, and must 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 that identifies the notification 
sent to the Commission is released. Continuance of operation of that 
ESV for the duration of the coordination term must 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 must 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. As used in this section, ``baseline'' means the line from 
which maritime zones are measured. The baseline is a combination of the 
low-water line and closing lines across the mouths of inland water 
bodies and is defined by a series of baseline points that include 
islands and ``low-water elevations,'' as determined by the U.S. 
Department of State's Baseline Committee.
    (6) An ESV must automatically cease transmission if the ESV 
operates in violation of the terms of its coordination agreement, 
including, but not limited to, conditions related to speed of the 
vessel or if the ESV travels outside the coordinated area, if within 
200 km from the baseline of the United States, or within 200 km from a 
U.S.-licensed fixed service offshore installation. Transmissions may be 
controlled by the ESV network control and monitoring center. The 
frequency coordinator may decide whether ESV operators should 
automatically cease transmissions if the vessel falls below a 
prescribed speed within a prescribed geographic area.
    (7) ESV transmissions in the 5925-6425 MHz (Earth-to-space) band 
shall not exceed an e.i.r.p. spectral density towards the radio-horizon 
of 17 dBW/MHz, and shall not exceed an e.i.r.p. towards the radio-
horizon of 20.8 dBW. The ESV network shall shut-off the ESV transmitter 
if either the e.i.r.p. spectral density towards the radio-horizon or 
the e.i.r.p. towards the radio-horizon is exceeded.
    (i) For ESAA transmissions in the 14.0-14.5 GHz band from 
international airspace within line-of-sight of the territory of a 
foreign administration where fixed service networks have primary 
allocation in this band, the maximum power flux density (pfd) produced 
at the surface of the Earth by emissions from a single aircraft 
carrying an ESAA terminal must not exceed the following values unless 
the foreign Administration has imposed other conditions for protecting 
its fixed service stations:

[[Page 27673]]



----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
-132 + 0.5 [middot] [thgr]...........  dB(W/(m\2\ [middot]      For....................  [thgr] <= 40[deg]
                                        MHz)).
-112.................................  dB(W/(m\2\ [middot]      For....................  40[deg] <=[thgr]
                                        MHz)).                                            <=90[deg]
----------------------------------------------------------------------------------------------------------------


Where: [thgr] is the angle of arrival of the radio-frequency wave 
(degrees above the horizontal) and the aforementioned limits relate to 
the pfd under free-space propagation conditions.
    (j) The following requirements govern all ESIMs transmitting to GSO 
satellites in the Fixed-Satellite Service in the 14.0-14.5 GHz band.
    (1) Operations of ESIMs in the 14.0-14.2 GHz (Earth-to-space) 
frequency band within 125 km (for ESVs and VMESs) or within radio line 
of sight (for ESAAs) of the NASA TDRSS facilities on Guam (latitude 
13[deg]36'55'' N., longitude 144[deg]51'22'' E.), White Sands, New 
Mexico (latitude 32[deg]20'59'' N., longitude 106[deg]36'31'' W. and 
latitude 32[deg]32'40'' N., longitude 106[deg]36'48'' W.), or Blossom 
Point, Maryland (latitude 38[deg]25'44'' N., longitude 77[deg]05'02'' 
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 must 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. 
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 ESIM licensees must cease 
operations in the 14.0-14.2 GHz band within 125 km (for ESVs and VMESs) 
or within radio line of sight (for ESAAs) of the new TDRSS site until 
the licensees complete coordination with NTIA/IRAC for the new TDRSS 
facility. Licensees must 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 ESIM licensee then will be permitted to commence 
operations in the 14.0-14.2 GHz band within 125 km (for ESVs and VMESs) 
or within radio line of sight (for ESAAs) of the new TDRSS site, 
subject to any operational constraints developed in the coordination 
process.
    (2) Within 125 km (for ESVs and VMESs) or within radio line of 
sight (for ESAAs) of the NASA TDRSS facilities identified in paragraph 
(j)(1) of this section, ESIM transmissions in the 14.0-14.2 GHz (Earth-
to-space) band shall not exceed an e.i.r.p. spectral density towards 
the horizon of 12.5 dBW/MHz, and shall not exceed an e.i.r.p. towards 
the horizon of 16.3 dBW.
    (3) Operations of ESIMs in the 14.47-14.5 GHz (Earth-to-space) 
frequency band in the vicinity (for ESVs and VMESs) or within radio 
line of sight (for ESAAs) 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 must 
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. Table 1 provides a list of 
each applicable RAS site, its location, and the applicable coordination 
zone.

       Table 1--Applicable Radio Astronomy Service (RAS) Facilities and Associated Coordination Distances
----------------------------------------------------------------------------------------------------------------
                                                   Latitude        Longitude
                  Observatory                       (north)         (west)      Radius (km) of coordination zone
----------------------------------------------------------------------------------------------------------------
Arecibo, Observatory, Arecibo, PR.............  18[deg]20'37''  66[deg]45'11''  Island of Puerto Rico.
Green Bank, WV................................  38[deg]25'59''  79[deg]50'23''  160.
Very Large Array, near Socorro, NM............  34[deg]04'44''  107[deg]37'06'  160.
                                                                             '
Pisgah Astronomical Research Institute,         35[deg]11'59''  82[deg]52'19''  160.
 Rosman, NC.
U of Michigan Radio Astronomy Observatory,      42[deg]23'56''  83[deg]56'11''  160.
 Stinchfield Woods, MI.
Very Long Baseline Array (VLBA) stations:
    Owens Valley, CA..........................  37[deg]13'54''  118[deg]16'37'  160. *
                                                                             '
    Mauna Kea, HI.............................  19[deg]48'05''  155[deg]27'20'  50.
                                                                             '
Brewster, WA..................................  48[deg]07'52''  119[deg]41'00'  50.
                                                                             '
    Kitt Peak, AZ.............................  31[deg]57'23''  111[deg]36'45'  50.
                                                                             '
    Pie Town, NM..............................  34[deg]18'04''  108[deg]07'09'  50.
                                                                             '
    Los Alamos, NM............................  35[deg]46'30''  106[deg]14'44'  50.
                                                                             '
    Fort Davis, TX............................  30[deg]38'06''  103[deg]56'41'  50.
                                                                             '
    North Liberty, IA.........................  41[deg]46'17''  91[deg]34'27''  50.
    Hancock, NH...............................  42[deg]56'01''  71[deg]59'12''  50.
    St. Croix, VI.............................  17[deg]45'24''  64[deg]35'01''  50.
----------------------------------------------------------------------------------------------------------------
* Owens Valley, CA operates both a VLBA station and single-dish telescopes.

    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 ESIMs licensees must cease 
operations in the 14.47-14.5 GHz band within the relevant geographic 
zone (160 kms for single-dish radio observatories and Very Large Array 
antenna systems and 50 kms for Very Long Baseline Array

[[Page 27674]]

antenna systems for ESVs and VMESs, radio line of sight for ESAAs) of 
the new RAS site until the licensees complete coordination for the new 
RAS facility. Licensees must notify the International Bureau once they 
have completed coordination for the new RAS site and must 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 opposed the operations. 
The ESIMs 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.
    (4) ESIMs licensees must use Global Positioning Satellite-related 
or other similar position location technology to ensure compliance with 
the provisions of subparagraphs 1-3 of this paragraph.
0
22. Amend Sec.  25.258 by revising paragraph (b) to read as follows:


Sec.  25.258  Sharing between NGSO MSS feeder-link stations and GSO FSS 
services in the 29.25-29.5 GHz band.

* * * * *
    (b) Licensed GSO FSS earth stations in the vicinity of operational 
NGSO MSS feeder-link earth station complexes must, to the maximum 
extent possible, operate with frequency/polarization selections that 
will minimize unacceptable interference with reception of GSO FSS and 
NGSO MSS uplink transmissions in the 29.25-29.5 GHz band. Earth station 
licensees operating with GSO FSS systems shall be capable of providing 
earth station locations to support coordination of NGSO MSS feeder link 
stations under paragraphs (a) and (c) of this section. Operation of 
ubiquitously deployed GSO FSS earth stations in the 29.25-29.5 GHz 
frequency band must conform to the rules contained in Sec.  25.218(i).
* * * * *


Sec.  25.287  [Amended].

0
23. Amend Sec.  25.287 by removing paragraph (d).
0
24. Add Sec.  25.289 to read as follows:


Sec.  25.289  Responsibility of licensee for blanket-licensed earth 
station operation.

    The holder of an FCC blanket earth station license is responsible 
for operation of any earth station under that license. Operators of 
satellite networks and systems must not transmit communications to or 
from such earth stations in the United States unless such 
communications are authorized under a service contract with the holder 
of a pertinent FCC blanket earth station license or under a service 
contract with another party with authority for such operation delegated 
by such a blanket licensee.

[FR Doc. 2017-12189 Filed 6-15-17; 8:45 am]
BILLING CODE 6712-01-P