[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Proposed Rules]
[Pages 67180-67185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27974]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 25
[IB Docket No. 18-315; FCC 18-160]
Earth Stations in Motion To Include NGSO Satellite Systems
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Federal Communications Commission
proposes to amend its rules to establish a regulatory framework for
earth stations in motion (ESIMs) communications with non-geostationary-
satellite orbit (NGSO), fixed-satellite service (FSS) satellite systems
that would be analogous to that which currently exists for ESIMs
communicating with geostationary-satellite orbit (GSO) FSS systems.
DATES: Comments are due on or before February 11, 2019. Reply comments
are due on or before March 13, 2019.
ADDRESSES: You may submit comments, identified by IB Docket No. 18-160,
by any of the following methods:
Federal Communications Commission's Website: 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 18-160, adopted November 15, 2018,
and released November 16, 2018. The full text of the NPRM is available
at https://apps.fcc.gov/edocs_public/attachmatch/FCC-18-160A1.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
[[Page 67181]]
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
The Commission 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 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, the Commission seeks specific
comment on how the Commission 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 whether to establish a regulatory framework for ESIMs
communications with NGSO FSS systems that would be analogous to that
which currently exists for ESIMs communicating with GSO FSS systems.
First, the Commission seeks comment on allowing ESIMs to communicate
with NGSO FSS systems in many of the same conventional Ku-band,
extended Ku-band, and Ka-band frequencies that were discussed in the
ESIMS Report and Order and Further Notice, with the exception of the
frequency bands 18.6-18.8 GHz and 29.25-29.5 GHz. Second, the
Commission seeks comment on extending blanket earth station licensing,
which is available to ESIMs communicating with GSO FSS systems, to
ESIMs communicating with NGSO FSS systems. Finally, the Commission
seeks comment on revisions to specific provisions in our rules to
implement these changes.
Proposal Overview
The Commission believes that now is the appropriate time to seek
comment on rules governing ESIMs communicating with NGSO FSS systems.
Currently, there is only one NGSO FSS system--O3b Limited (O3b)--
communicating with earth stations in the United States, and
communications between O3b and ESVs have already been authorized,
although on a non-protected non-interference basis given that no rules
allowing such communications exist. However, given the large number of
applications for NGSO FSS systems that intend to provide service to
earth stations at fixed locations as well as to ESIMs, it is important
that the possibility of having rules for NGSO FSS ESIMs operations be
considered. A regulatory framework covering such communications would
provide certainty for both NGSO FSS operators and their customers. In
addition, comments in response to the ESIMs NPRM expressed concern that
delaying consideration and adoption of rules governing communications
between ESIMs and NGSO FSS systems could place U.S. customers at a
disadvantage when other countries are moving ahead on these matters.
Commenters in response to the ESIMs NPRM state that antenna
manufacturers, ESIM operators, and ultimately U.S. consumers would all
benefit from development of Commission rules that define operating
parameters for communications between ESIMs and both NGSO and GSO
satellites. In addition, commenters note the advantages of allowing
communications between ESIMs and NGSO FSS systems, such as robust and
uninterrupted coverage of polar regions where international air traffic
is increasingly concentrated and which are not adequately covered by
GSO satellites. The Commission agrees with commenters that the time is
ripe to evaluate whether the Commission should implement rules for
ESIMs communicating with NGSO FSS systems.
Frequency Bands for NGSO FSS ESIMs and Associated Rule Changes. The
Commission seeks comment on, to the extent feasible, allowing ESIMs to
communicate with NGSO FSS systems in the Ku- and Ka-bands where the
Commission's rules allow ESIM communications with GSO FSS space
stations, with the exception of the frequency bands 18.6-18.8 GHz and
29.25-29.5 GHz.
The Commission proposes to allow ESIMs to communicate with NGSO FSS
systems on a primary basis in the following frequency bands: 11.7-12.2
GHz (space-to-Earth); 14.0-14.5 GHz (Earth-to-space); 18.3-18.6 GHz
(space-to-Earth); 19.7-20.2 GHz (space-to-Earth); 28.35-28.6 GHz
(Earth-to-space); and 29.5-30.0 GHz (Earth-to-space). There are no
allocations to terrestrial services in any of these bands. Accordingly,
the Commission seeks comment on adding paragraph (c) to footnote NG527A
to indicate that ESIMs can operate with NGSO FSS space stations in
these six frequency bands provided that such operations do not cause
harmful interference to, or claim protection from, GSO FSS networks.
There is also a secondary allocation to the Space Research service in
the band 14-14.2 GHz. In order to ensure compatibility between NGSO
ESIM and Space Research operations, the Commission seeks comment on
modifying 47 CFR 25.228(j)(1) to extend to NGSO FSS systems conditions
that
[[Page 67182]]
currently apply to ESIM operation with GSO FSS space stations.
The Commission also proposes to allow ESIMs to communicate with
NGSO FSS systems on a primary basis in the 18.8-19.3 GHz (space-to-
Earth), and the 28.6-29.1 GHz (Earth-to-space) frequency bands. In
these bands, there are no terrestrial allocations and GSO FSS
operations are secondary with respect to NGSO FSS. Accordingly, the
Commission seeks comment on adding paragraph (e) to footnote NG527A to
indicate that ESIMs can operate both with a GSO FSS space station and
with NGSO FSS systems in these two frequency bands. Also, in these
bands, GSO FSS operations must not cause harmful interference to, or
claim protection from, NGSO FSS networks.
The Commission seeks comment on allowing ESIMs to receive signals
from NGSO FSS space stations in the 10.7-11.7 GHz (space-to-Earth)
frequency bands, on an unprotected basis, with respect to transmissions
from non-Federal fixed service (FS) stations. FSS and FS are co-primary
in these frequency bands and receive terrestrial stations will be
protected by imposing on space station transmissions the appropriate
power-flux density limits. Accordingly, the Commission seeks comment on
revising paragraph (a) of footnote NG527A to indicate that ESIMs can
operate on a non-protected basis with regard to non-Federal fixed
service in this frequency band, both with a GSO FSS space station and
with NGSO FSS systems. Also, in this band, NGSO FSS operations must not
cause harmful interference to, or claim protection from, GSO FSS
networks.
Similarly, the Commission seeks comment on allowing ESIMs to
receive signals from NGSO FSS space stations in the 19.3-19.4 GHz
(space-to-Earth) and 19.6-19.7 GHz (space-to-Earth) frequency bands, on
an unprotected basis, with respect to transmissions from non-Federal
fixed service stations. FSS and FS are co-primary in these frequency
bands and receive terrestrial stations will be protected by imposing on
space station transmissions the appropriate power-flux density limits.
Accordingly, the Commission seeks comment on adding paragraph (f) to
footnote NG527A to indicate that ESIMs can operate with NGSO FSS
systems in these two frequency bands on a non-protected basis with
regard to non-Federal fixed service. Also, in these frequency bands,
NGSO FSS operations must not cause harmful interference to, or claim
protection from, GSO FSS networks.
The Commission seeks comment on allowing ESIMs to receive signals
from NGSO FSS systems on a secondary basis in the 17.8-18.3 GHz (space-
to-Earth) frequency band. This frequency band is allocated to the FS on
a primary basis and, given the FSS secondary status, ESIM receive earth
stations will not be entitled to protection. Protection of terrestrial
operations in this band will be ensured by imposing on space station
transmissions the appropriate power-flux density limits. Accordingly,
the Commission seeks comment on adding paragraph (d) to footnote NG527A
to indicate that ESIMs can operate on a non-protected basis with regard
to non-Federal fixed service in this frequency band, both with a GSO
FSS space station and with NGSO FSS systems. Also, in this band, NGSO
FSS operations must not cause harmful interference to, or claim
protection from, GSO FSS networks.
The Commission will not consider allowing ESIMs to communicate with
NGSO FSS systems in bands where communications with NGSO FSS space
stations are not permitted under the U.S. Table of Frequency
Allocations because the Commission believes the reasons for such
limitations are also valid for ESIMs operating with NGSO FSS systems.
Specifically, the Commission would not allow NGSO FSS ESIMs to operate
in the 18.6-18.8 GHz (space-to-Earth) and 29.25-29.5 GHz (Earth-to-
space) frequency bands.
Blanket Licensing. The Commission seeks comment on permitting
blanket earth station licensing of ESIMs operating with NGSO FSS
systems. Such blanket licensing would further maximize efficient
spectrum use for the increased provision of broadband access and
additional flexibility for FSS systems in bands where blanket licensing
is already available for earth stations operating at fixed locations.
The Commission believes that blanket licensing is appropriate given
that ESIMs' communications with NGSO FSS systems would be limited to
frequency bands in which NGSO FSS systems have a primary status, or
have been found to be able to operate on a secondary or non-conforming
basis, without causing interference to primary users of those bands.
The Commission seeks comment on extending blanket licensing to ESIMs
operating with NGSO FSS space stations.
Other Rule Revisions. In the paragraphs below, the Commission
addresses other changes to our rules, in addition to those discussed
above in connection with the frequency bands being proposed for NGSO
FSS ESIM operation. The Commission seeks comment on these changes, and
on any others necessary to implement the ESIM NGSO FSS operation
described here.
First, the Commission seeks comment on amending the list of
frequencies available to ESIMs in Sections 25.202(a)(8) and (a)(10) to
reflect these changes.
Second, the Commission seeks comment on changes to Part 25 of the
Commission's rules governing satellite communications to allow ESIM
NGSO FSS operation as described above. Specifically, Sections
25.115(l)-(n) contain requirements in paragraphs (1), (2), and (3)(i)
that pertain to the two-degree spacing rules for ESIMs communicating
with GSO FSS space stations, which are not applicable to NGSO systems.
The requirements in paragraphs (3)(ii)-(iv) of this section, however,
are also appropriate for ESIMs operating in NGSO FSS systems. The
Commission seeks comment on adding a new paragraph (o) to Section
25.115 to codify these requirements for ESIMs that communicate with
NGSO FSS space stations. The Commission also seeks comment on changing
the cross-references contained in the information requirements for
earth station applications set forth in Section 25.115 for earth
stations communicating with GSO and NGSO FSS space stations.
Third, Section 25.228 contains requirements in paragraphs (a), (b),
(c), that codify the two-degree spacing requirements for ESIMs
communicating with GSO FSS satellite networks, but are not specifically
worded to apply only to such ESIMs. The Commission seeks comment on
stating that these paragraphs apply only to ESIMs communicating with
GSO FSS satellite networks. The requirements in the remaining
paragraphs of Section 25.228 are equally applicable for ESIMs
communicating with GSO FSS systems and NGSO FSS systems, and therefore
the Commission does not consider any changes to them. Paragraph (j) of
Section 25.228 is explicitly limited to ESIMs transmitting to GSO FSS
satellites, and the Commission seeks comment on revising the language
of the rule to apply to Ku-band ESIMs communicating with NGSO FSS space
stations as well.
Fourth, consistent with these changes, the Commission would amend
our definitions of ESV, VMES, and ESAA in Section 25.103, which
restrict communications to ``geostationary-orbit FSS space stations.''
Pursuant to what was described above, communications between ESVs,
VMESs, and ESAAs would also be permitted in NGSO FSS systems.
Accordingly, the Commission seeks comment on removing the word
[[Page 67183]]
``geostationary-orbit'' from these definitions.
Finally, the Commission's Ka-band Plan has a secondary designation
for NGSO-FSS in the 29.5-30.0 GHz band, as described in the NGSO FSS
Order. The licensing provisions in Section 25.115(f) adopted in the
NGSO FSS Order, however, inadvertently omitted the 29.5-30.0 GHz band.
The Commission proposes to take this opportunity to extend the
provisions of Section 25.115(f) to the 29.5-30.0 GHz band and seek
comment on this proposal.
Other. The Commission recognizes that NGSO ESIM operations add a
level of complexity in that both earth stations and space stations will
be moving while communicating, and transitioning communications from
one satellite to another will often be required. The Commission does
not believe that these operational characteristics necessitate
additional requirements on ESIM communications with NGSO FSS space
stations beyond what the Commission has considered here because such
operations are already being conducted. For example, O3b successfully
provides broadband services to ESVs using an NGSO FSS constellation
that was granted market access by the Commission through a waiver of
the Table of Frequency Allocations and Ka-band Plan. In addition,
several of the NGSO FSS constellations recently authorized or granted
market access to the United States by the Commission intend to use
earth stations in motion. For instance, OneWeb has recently joined an
alliance of companies in the aviation sector focused on the provision
of broadband communications to airplanes. The Commission invites
comments on this conclusion, but also seek comment on the level of
complexity that communications with ESIMs would introduce to the
coordination between multiple NGSO FSS constellations under the
Commission's rules and the potential for in-line interference as
compared to that associated with the coordination between NGSO FSS
constellations if communications were limited to fixed earth stations.
The Commission does not think there will be significant costs
associated with these changes and the Commission invites comments that
will help estimate costs and benefits of the rule changes. In addition,
the Commission seeks comment on whether there are any other issues
regarding the framework discussed for NGSO ESIMs operations that the
Commission should consider. The Commission also seeks comment on any
possible effects ESIMs communicating with NGSO FSS space stations may
have on existing or future services in these bands or adjacent
frequency bands. For example, the Commission notes that the Commission
has an open proceeding exploring additional uses of ``mid-band
spectrum,'' including bands considered for ESIM communication with NGSO
FSS systems.
As required by the Regulatory Flexibility Act (RFA),\1\ 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
Notice. The Commission requests 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 Notice
provided above in Section V.B. The Commission will send a copy of the
Notice, including this IRFA, to the Chief Counsel for Advocacy of the
Small Business Administration.\2\ In addition, the Notice and IRFA (or
summaries thereof) will be published in the Federal Register.\3\
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\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has
been amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857
(1996).
\2\ See 5 U.S.C. 603(a).
\3\ Id.
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Initial Regulatory Flexibility Analysis
A. Need for, and Objectives of, the Proposed Rules
The Notice of Proposed Rulemaking proposes to allow ESIMs to
communicate with NGSO FSS space stations in the Ku- and Ka-bands.
B. Legal Basis
The proposed action is authorized under Sections 4(i), 7(a), 10,
303, 308(b), and 316 of the Communications Act of 1934, as amended, 47
U.S.C. 154(i), 157(a), 160, 303, 308(b), 316.
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.\4\ The RFA generally
defines the term ``small entity'' as having the same meaning as the
terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' \5\ In addition, the term ``small
business'' has the same meaning as the term ``small business concern''
under the Small Business Act.\6\ 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).\7\
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\4\ 5 U.S.C. 603(b)(3).
\5\ 5 U.S.C. 601(6).
\6\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the
RFA, the statutory definition of a small business applies ``unless
an agency, after consultation with the Office of Advocacy of the
Small Business Administration and after opportunity for public
comment, establishes one or more definitions of such term which are
appropriate to the activities of the agency and publishes such
definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
\7\ Small Business Act, 15 U.S.C. 632 (1996).
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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.'' \8\ The
category has a small business size standard of $32.5 million or less in
average annual receipts, under SBA rules.\9\ For this category, Census
Bureau data for 2012 show that there were a total of 333 firms that
operated for the entire year.\10\ Of this total, 299 firms had annual
receipts of less than $25 million.\11\ Consequently, the Commission
estimates that the majority of satellite telecommunications providers
are small entities.
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\8\ U.S. Census Bureau, 2012 NAICS Definitions, ``517410
Satellite Telecommunications''; http://www.census.gov/naics/2007/def/ND517410.HTM.
\9\ 13 CFR 121.201, NAICS code 517410.
\10\ U.S. Census Bureau, 2012 Economic Census of the United
States, Table EC1251SSSZ4, Information: Subject Series--Estab and
Firm Size: Receipts Size of Firms for the United States: 2012, NAICS
code 517410 http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2012_US_51SSSZ4&prodType=table.
\11\ Id.
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D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
The NPRM proposes to allow ESIMs to communicate with NGSO FSS space
stations in the Ku- and Ka-bands. This would reduce paperwork costs for
such satellite operators who would no longer need to file separate
application materials for these systems. Operators will also no longer
need to request waivers for operations that would be covered under
specific regulations.
[[Page 67184]]
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 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.'' \12\
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\12\ 5 U.S.C. 603(c)(1)-(c)(4).
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The NPRM proposes to allow ESIMs to communicate with NGSO FSS space
stations in the Ku- and Ka-bands. This would reduce the economic and
other impacts for these service providers by reducing the regulatory
burden. Specifically, providers would no longer have to file
applications that are outside of the standard rule provisions. However,
the Commission invites comment on this change and any alternatives.
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.
Cecilia Sigmund,
Federal Register Liaison Officer, Office of the 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.
Sec. 2.106 [Amended].
0
2. Amend Sec. 2.106, the Table of Frequency Allocations, as follows:
0
a. Revise footnote NG527A in the list of Non-Federal Government (NG)
Footnotes.
0
b. Revise paragraph (a) and paragraphs (c) through (f). The revisions
and additions read as follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
Non-Federal Government (NG) Footnotes
* * * * *
NG527A Earth Stations in Motion (ESIMs), as regulated under 47 CFR
part 25, are an application of the fixed-satellite service (FSS) and
the following provisions shall apply:
(a) In the 10.7-11.7 GHz band, ESIMs may be authorized for the
reception of FSS emissions from both geostationary and non-
geostationary satellites, subject to the conditions that these earth
stations may not claim protection from transmissions of nonFederal
stations in the fixed service and that non-geostationary-satellite
systems not cause unacceptable interference to, or claim protection
from, geostationary-satellite networks.
* * * * *
(c) In the bands 11.7-12.2 GHz (space-to-Earth), 14.0-14.5 GHz
(Earth-to-space), 18.3-18.6 GHz (space-to-Earth), 19.7-20.2 GHz (space-
to-Earth), 28.35-28.6 GHz (Earth-to-space), and 29.5-30.0 GHz (Earth-
to-space), ESIMs may be authorized to communicate with non-
geostationary satellites, subject to the condition that
nongeostationary-satellite systems may not cause unacceptable
interference to, or claim protection from, geostationary-satellite
networks.
(d) In the band 17.8-18.3 GHz (space-to-Earth), ESIMs may be
authorized for the reception of FSS emissions from geostationary
satellites on a secondary basis. In this band, ESIMs may also be
authorized for the reception of FSS emissions from non-geostationary-
satellites on a secondary basis, subject to the condition that non-
geostationary-satellite systems not cause unacceptable interference to,
or claim protection from, geostationary-satellite networks.
(e) In the bands 18.8-19.3 GHz and 28.6-29.1 GHz, ESIMs may be
authorized to communicate with both geostationary and non-geostationary
satellites, subject to the condition that geostationary-satellite
networks may not cause unacceptable interference to, or claim
protection from, non-geostationary satellite systems in the fixed-
satellite service.
(f) In the 19.3-19.4 GHz, and 19.6-19.7 GHz bands, ESIMs may be
authorized for the reception of FSS emissions from non-geostationary
satellites, subject to the conditions that these earth stations may not
claim protection from transmissions of nonFederal stations in the fixed
service and not cause unacceptable interference to, or claim protection
from, geostationary-satellite networks.
* * * * *
PART 25--SATELLITE COMMUNICATIONS
0
3. The authority citation for part 25 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319,
332, 605, and 721, unless otherwise noted.
0
4. Amend Sec. 25.103 by revising the definitions of ``Earth Station on
Vessel,'' ``Earth Stations Aboard Aircraft,'' and ``Vehicle-Mounted
Earth Station'' to read as follows:
Sec. 25.103 Definitions.
* * * * *
Earth Station on Vessel (ESV). An earth station onboard a craft
designed for traveling on water, receiving from and transmitting to
Fixed-Satellite Service space stations.
Earth Stations Aboard Aircraft (ESAA). An earth station operating
aboard an aircraft that receives from and transmits to Fixed-Satellite
Service space stations.
* * * * *
Vehicle-Mounted Earth Station (VMES). An earth station, operating
from a motorized vehicle that travels primarily on land, that receives
from and transmits to Fixed-Satellite Service space stations and
operates within the United States.
Sec. 25.115 [Amended]
0
5. Amend Sec. 25.115, as proposed to be amended on June 16, 2017 at 82
FR 27652, by revising paragraph (f) and adding paragraph (o) to read as
follows:
* * * * *
(f) NGSO FSS earth stations in 10.7-30.0 GHz. (1) An application
for an NGSO FSS earth station license in the 10.7-30.0 GHz band must
include the certification described in Sec. 25.146(a)(2).
(2) Individual or blanket license applications may be filed for
operation in the 10.7-12.7 GHz, 14-14.5 GHz, 17.8-18.6 GHz, 18.8-19.4
GHz, 19.6-20.2 GHz, 28.35-29.1 GHz, or 29.5-30.0 GHz bands; however,
blanket licensing in the 10.7-11.7 GHz, 17.8-18.3 GHz, 19.3-19.4 GHz,
and 19.6-19.7 GHz bands is on an unprotected basis with
[[Page 67185]]
respect to current and future systems operating in the fixed service.
(3) Individual license applications only may be filed for operation
in the 12.75-13.15 GHz, 13.2125-13.25 GHz, 13.75-14 GHz, or 27.5-28.35
GHz bands.
* * * * *
(o) The requirements in this paragraph apply to applications for
ESIMs operation with NGSO satellites in the Fixed-Satellite Service, in
addition to the requirements in paragraphs (a)(1), (a)(5), (e)(2), and
(i) of this section:
(1) An exhibit describing the geographic area(s) in which the ESIMs
will operate.
(2) The point of contact information referred to in Sec.
25.228(e)(2), (f), or (g)(1) as appropriate.
(3) 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.
0
6. Amend Sec. 25.202 by removing and reserving paragraph (a)(8),
revising paragraph (a)(10)(ii), and removing and reserving paragraph
(a)(11) to read as follows:
Sec. 25.202 Frequencies, frequency tolerance, and emission limits.
(a) * * *
(10) * * *
(ii) The following frequencies are available for use by Earth
Stations in Motion (ESIMs) communicating with NGSO FSS space stations,
subject to the provisions in Sec. 2.106 of this chapter:
10.7-11.7 GHz (space-to-Earth)
11.7-12.2 GHz (space-to-Earth)
14.0-14.5 GHz (Earth-to-space)
17.8-18.3 GHz (space-to-Earth)
18.3-18.6 GHz (space-to-Earth)
18.8-19.3 GHz (space-to-Earth)
19.3-19.4 GHz (space-to-Earth)
19.6-19.7 GHz (space-to-Earth)
19.7-20.2 GHz (space-to-Earth)
28.35-28.6 GHz (Earth-to-space)
28.6-29.1 GHz (Earth-to-space)
29.5-30.0 GHz (Earth-to-space)
* * * * *
0
7. Amend Sec. 25.228, as proposed to be added on June 16, 2017 at 82
FR 27652, by revising the introductory text of paragraph (j) to read as
follows:
Sec. 25.228 Operating and coordination requirements for earth
stations in motion (ESIMs).
* * * * *
(j) The following requirements govern all ESIMs transmitting to GSO
or non-GSO satellites in the Fixed-Satellite Service in the 14.0-14.5
GHz band.
* * * * *
[FR Doc. 2018-27974 Filed 12-27-18; 8:45 am]
BILLING CODE 6712-01-P