[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Rules and Regulations]
[Pages 37027-37030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16662]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 06-123, FCC 17-49]


Establishment of Policies and Service Rules for the Broadcasting-
Satellite Service at the 17.3-17.8 GHz and the 24.75-25.25 GHz 
Frequency Bands for Feeder Links to the Broadcasting-Satellite Service 
and for Satellite Services Operating Bi-Directionally

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Federal Communications Commission adopts technical rules 
to mitigate ground-path interference between the Digital Broadcasting 
Satellite Service (DBS) and the Broadcasting-Satellite Service (BSS) in 
the 17.3-17.8 GHz band to protect consumers and foster more rapid 
deployment of services, greater investment, and new innovation.

DATES: Effective September 7, 2017.

FOR FURTHER INFORMATION CONTACT: Sean O'More, 202-418-2453, or if 
concerning the information collections in this document, Cathy 
Williams, 202-418-2918.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third 
Report and Order, FCC 17-49, adopted April 21, 2017, and released April 
25, 2017. The full text of the Report and Order is available at https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-49A1.pdf. It also are 
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).

Synopsis

    This Report and Order adopts new rules to mitigate interference 
from DBS feeder-link earth stations to BSS consumer earth terminals 
(ground path interference) in the 17.3-17.8 GHz band. We adopt a rule 
allowing currently-licensed DBS feeder link earth stations to continue 
operations under the terms of their current licenses, and to expand 
their facilities provided that new antennas are constructed within one 
kilometer of current antennas and the aggregate power-flux density of 
the station at any point does not increase.
    We adopt a methodology for determining a coordination zone for new 
DBS feeder-link earth stations, and require applicants for new DBS 
feeder-link earth stations to coordinate with BSS licensees to achieve 
agreement on interference mitigation. We adopt rules specifying the 
information applicants for new DBS feeder-link earth stations must 
provide for the purposes of coordination.

Paperwork Reduction Act

    This document contains new and modified information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. It will be submitted to the Office of Management and 
Budget (OMB) for review under section 3507(d) of the PRA. OMB, the 
general public, and other Federal agencies will be invited to comment 
on the new or modified information collection requirements contained in 
this proceeding in a separate Federal Register notice.
    Pursuant to the Small Business Paperwork Relief Act of 2002, Public 
Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific 
comment on how the Commission might further reduce the information 
collection burden for small business concerns with fewer than 25 
employees. We received no comments on this issue. We have assessed the 
effects of the revisions adopted that might impose information 
collection burdens on small business concerns, and find that the impact 
on businesses with fewer than 25 employees will be an overall reduction 
in burden.

Congressional Review Act

    The Commission will send copies of this Report and Order to 
Congress and the General Accountability Office pursuant to the 
Congressional Review Act, 5 U.S.C. 801(a)(1)(A), and will send a copy 
including the final regulatory flexibility act analysis to the Chief 
Counsel for Advocacy of the Small Business Administration, in 
accordance with section 603(a) of the Regulatory Flexibility Act, 5 
U.S.C. 601, et seq. (1981).

Final Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) was incorporated in the Further 
Notice of Proposed Rulemaking in the Matter of Comprehensive Review of 
Licensing and Operating Rules for Satellite Services. The Commission 
sought written public comment on the proposals in the NPRM, including 
comment on the IRFA. No comments were received on the IRFA. This Final 
Regulatory Flexibility Analysis (FRFA) conforms to the RFA.

Need for, and Objectives of, the Rules

    The objective of the Report and Order is to adopt processing and 
service rules for the 17/24 GHz Broadcasting-Satellite Service (BSS) 
which will address potential interference scenarios which arise in the 
reverse band operating environment. The rules will mitigate against 
ground path interference. Specifically, we adopt criteria to facilitate 
sharing in the 17 GHz bands by BSS and Direct Broadcast Satellite (DBS) 
services. These new rules will introduce a new generation of broadband 
services to the public, providing a mix of local and domestic video, 
audio, data, video-on-demand, and multimedia services to consumers

[[Page 37028]]

in the United States. In some cases, these new BSS services will 
complement existing DBS services. By these actions, we facilitate the 
introduction of new and innovative services to consumers in the United 
States and promote increased competition among satellite and 
terrestrial services.

Summary of Significant Issues Raised by Public Comments in Response to 
the IRFA

    No party filing comments in this proceeding responded to the IRFA, 
and no party filing comments in this proceeding otherwise argued that 
the policies and rules proposed in this proceeding would have a 
significant economic impact on a substantial number of small entities. 
The Commission has, nonetheless, considered any potential significant 
economic impact that the rule changes may have on the small entities 
which are impacted. On balance, the Commission believes that the 
economic impact on small entities will be negligible.

Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    Pursuant to the Small Business Jobs Act of 2010, the Commission is 
required to respond to any comments filed by the Chief Counsel for 
Advocacy of the Small Business Administration, and to provide a 
detailed statement of any change made to the proposed rules as a result 
of those comments. The Chief Counsel did not file any comments in 
response to the proposed rules in this proceeding.

Description and Estimate of the Number of Small Entities to Which the 
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 rules adopted herein. 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). Below, we further describe and estimate the 
number of small entity licensees that may be affected by the adopted 
rules.
    Satellite Telecommunications. The SBA has developed a small 
business size standard for the two broad census categories of 
``Satellite Telecommunications'' and ``Other Telecommunications.'' 
Under both categories, a business is considered small if it has $13.5 
million or less in annual receipts. The category of Satellite 
Telecommunications ``comprises establishments primarily engaged in 
providing point-to-point 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.'' For this 
category, Census Bureau data for 2007 show that there were a total of 
512 satellite communications firms that operated for the entire year. 
Of this total, 307 firms had annual receipts of under $10 million per 
firm, and 26 firms had receipts of $10 million to $24,999,999 per firm. 
Consequently, we estimate that the majority of Satellite 
Telecommunications firms are small entities that might be affected by 
our action.
    The category of Other Telecommunications ``comprises establishments 
primarily engaged in (1) providing specialized telecommunications 
applications, such as satellite tracking, communications telemetry, and 
radar station operations; or (2) providing satellite terminal stations 
and associated facilities operationally connected with one or more 
terrestrial communications systems and capable of transmitting 
telecommunications to or receiving telecommunications from satellite 
systems.'' For this category, Census Bureau data for 2007 show that 
there were a total of 2,383 firms that operated for the entire year. Of 
this total, 482 firms had annual receipts of under $25 million. 
Consequently, we estimate that the majority of Other Telecommunications 
firms are small entities that might be affected by our action.
    Space Stations (Geostationary). Commission records reveal that 
there are 44 space station licensees. We do not request or collect 
annual revenue information concerning such licensees, and thus are 
unable to estimate the number of geostationary space station licensees 
that would constitute a small business under the SBA definition cited 
above, or apply any rules providing special consideration for 
geostationary space station licensees that are small businesses.
    17 GHz Transmitting Earth Stations. Currently there are 
approximately 47 operational earth stations in the 17.3-17.7 GHz bands. 
The Commission does not request or collect annual revenue information, 
and thus is unable to estimate the number of earth stations that would 
constitute a small business under the SBA definition.

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

    Under the Commission's existing rules, all requests for space 
station authorizations are required to be in the form of a 
comprehensive proposal submitted on the relevant FCC forms. Similarly, 
to obtain an earth station authorization, applicants must file the 
appropriate forms as required by the Commission's rules. In addition to 
our existing requirements, in this Third Report and Order we adopt 
certain specific requirements for 17/24 GHz BSS earth and space station 
applications.
    Earth Station Applications. Applications for feeder-link earth 
stations operating in the 17.3-17.8 GHz band (Earth-to-space) and 
providing service to geostationary satellites in the 17/24 GHz BSS must 
include, for each new or modified earth station, a certificate of 
coordination agreement with any holder of a blanket license for BSS 
receive earth terminals located within a coordination distance of the 
feeder-link earth station established by ITU rules.
    The Commission does not expect significant costs to be associated 
with these rules. Therefore, we do not anticipate that the burden of 
compliance would be greater for smaller entities.

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

    The RFA requires that, to the extent consistent with the objectives 
of applicable statutes, the analysis shall discuss significant 
alternatives such as: (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 rule for 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 small entities.\1\
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    \1\ 5 U.S.C. 603(c)(1), (c)(4).
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    The rules adopted herein are necessary to protect 17/24 GHz BSS

[[Page 37029]]

subscribers from DBS feeder links (ground-path interference). These 
rules will enable the efficient operation of the 17/24 GHz BSS, which 
is expected to introduce a new generation of broadband services to the 
public, and ensure that consumers enjoy the continued uninterrupted 
operation of DBS.
    The technical rules adopted here are the least intrusive option 
considered in terms of compliance requirements and will be the most 
effective in terms of facilitating the licensing of operations in the 
17/24 GHz BSS without causing harmful interference to other authorized 
radiocommunication services. We have considered alternatives, including 
subjecting existing DBS uplink facilities to new interference-
mitigation requirements and establishing protection zones for existing 
DBS uplink facilities, and believe the rules as adopted provide the 
most equitable solution to the potential interference problems posed by 
the operations in 17/24 GHz BSS. By requiring that technical showings 
be made prior to operation, we anticipate that there will be far fewer 
instances of harmful interference between these two services. This will 
have a positive economic impact on all satellite space station and 
earth station licensees, including small entities.

Incorporation by Reference

    This final rule incorporates by reference an element of the ITU 
Radio Regulations, Edition of 2012, into part 25 for specific purposes:
    ITU Radio Regulations, Appendix 7, ``Methods for determination of 
the coordination area around an earth station in frequency bands 
between 100 MHz and 105 GHz,'' Section 3, ``Horizon antenna gain for a 
receiving earth station with respect to a transmitting earth station,'' 
Table 9b.
    This material is available for free download at http://www.itu.int/pub/R-REG-RR-2012. In addition, copies of all of the materials are 
available for purchase from the ITU through the contact information 
provided in Sec.  25.108, and are available for public inspection at 
the Commission address noted in the rule as well.
    Appendix 7, Section 3 establishes the methodology and values for 
determining coordination areas between transmitting earth stations and 
receiving earth stations in the satellite services. The Sec.  25.203(m) 
requires applicants for new DBS feeder-link earth stations to use the 
values in Table 9b, as amended by Sec.  25.203(m), to determine the 
area within which they must coordinate with BSS licensees.

Ordering Clauses

    It is ordered that, pursuant to the authority contained in sections 
1, 4(i), 4(j), 7(a), 301, 303(c), 303(f), 303(g), 303(r), 303(y), and 
308 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 
154(i), 154(j), 157(a), 301, 303(c), 303(f), 303(g), 303(r), 303(y), 
308, this Third Report and Order is adopted.
    It is further ordered that part 25 of the Commission's rules, 47 
CFR 25 is amended.
    It is further ordered that this Third Report and Order shall be 
effective September 7, 2017, except the amendments to Sec. Sec.  25.108 
and 25.203, 47 CFR 25.108 and 25.203, which contain new or modified 
information collection requirements that require approval by the Office 
of Management and Budget under the Paperwork Reduction Act, will become 
effective after the Commission publishes a notice in the Federal 
Register announcing such approval and the relevant effective date.
    It is further ordered that, pursuant to section 801(a)(1)(A) of the 
Congressional Review Act, 5 U.S.C. 801(a)(1)(A), the Commission shall 
send a copy of this Report and Order to Congress and to the Government 
Accountability Office.
    It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Third Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.

List of Subjects in 47 CFR Part 25

    Administrative practice and procedure, Earth stations, 
Incorporation by reference, Satellites.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 25 as follows:

PART 25--SATELLITE COMMUNICATIONS

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

    Authority:  Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309, 310, 319, 332, 605, and 721, unless otherwise noted.

0
2. Amend Sec.  25.108 by redesignating paragraphs (b)(2) through (5) as 
paragraphs (b)(3) through (6) and by adding new paragraph (b)(2) to 
read as follows:


Sec.  25.108  Incorporation by reference.

* * * * *
    (b) * * *
    (2) ITU Radio Regulations, Volume 2: Appendices, Appendix 7, 
``Methods for the determination of the coordination areas around an 
earth station in the frequency bands between 100 MHz and 105 GHz,'' 
Edition of 2012, http://www.itu.int/pub/R-REG-RR-2012. Incorporation by 
reference approved for Sec.  25.203(m).
* * * * *

0
4. Amend Sec.  25.203 by adding paragraph (m) to read as follows:


Sec.  25.203  Choice of sites and frequencies.

* * * * *
    (m) Feeder links to DBS space stations:
    (1) Each applicant for a license to construct a new FSS earth 
station to provide feeder-link service to DBS space stations in the 
frequency band 17.3-17.8 GHz, or to modify any such station currently 
authorized except where the modification is for a new station within 
one kilometer of a currently-licensed earth station and modification 
will not increase the aggregate pfd, measured at any point 3-10 meters 
above the ground, above that generated by the current earth station, 
shall identify a coordination zone around its proposed new or modified 
earth station by the methodology outlined in Annex 3 of Appendix 7 of 
the ITU Radio Regulations, using the following values for the 
parameters in Table 9b of Annex 7 of Appendix 7:

[[Page 37030]]



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Space service designation in which                                  Fixed-satellite
 the transmitting earth station
 operates.
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Frequency bands (GHz)................                                  17.3-17.8
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Space service designation in which                               Broadcasting-satellite
 the receiving earth station operates.
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Orbit................................                                     GSO
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Modulation at receiving earth station                                  N (digital)
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Receiving earth station interference
 parameters and criteria:
    p0 (%)...........................                                    0.015
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    n................................                                      2
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    p (%)............................                                    0.015
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    NL(dB)...........................                                      1
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    Ms (dB)..........................  In the area specified    In the area specified    In the area specified
                                        in 47 CFR Sec.           in 47 CFR Sec.           in 47 CFR Sec.
                                        25.209(w)(1) and (4).    25.209(w)(2).            25.209(w)(3).
                                       4.8....................  3.0....................  1.8.
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    W (dB)...........................                                      4
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Receiving earth station parameters:
    Gm (dBi).........................                                      36
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    Gr...............................                                      0
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    emin.............................                                   20[deg]
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    Te (K)...........................                                     150
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Reference bandwidth:
    B (Hz)...........................                                     106
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Permissible interference power: Pr(p)  -146.8.................  -149.8.................  -152.8.
 (dBW) in B
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    (2) Each applicant for such new or modified feeder-link earth 
station shall provide the following information to a third-party 
coordinator of its choice for use in coordination required by this 
paragraph:
    (i) The geographical coordinates of the proposed earth station 
antenna(s);
    (ii) Proposed operating frequency band(s) and emission(s);
    (iii) Antenna diameter (meters);
    (iv) Antenna center height above ground and ground elevation above 
mean sea level;
    (v) Antenna gain pattern(s) in the plane of the main beam;
    (vi) Longitude range of geostationary satellite orbit (GSO) 
satellites at which an antenna may be pointed;
    (vii) Horizon elevation plot;
    (viii) Antenna horizon gain plot(s) determined in accordance with 
the procedure in Section 2.1 of Annex 5 to Appendix 7 of the ITU Radio 
Regulations;
    (ix) Minimum elevation angle;
    (x) Maximum equivalent isotropically radiated power (e.i.r.p.) 
density in the main beam in any 1 MHz band;
    (xi) Maximum available RF transmit power density in any 1 MHz band 
at the input terminals of the antenna(s);
    (xii) A plot of the coordination distance contour(s) and rain 
scatter coordination distance contour(s) as determined by Table 2 of 
Section 3 to Appendix 7 of the ITU Radio Regulations.
    (3) Each applicant for such new or modified feeder-link earth 
stations shall file with its application memoranda of coordination with 
each licensee authorized to construct BSS receive earth stations within 
the coordination zone.

[FR Doc. 2017-16662 Filed 8-7-17; 8:45 am]
 BILLING CODE 6712-01-P