[Federal Register Volume 84, Number 36 (Friday, February 22, 2019)]
[Proposed Rules]
[Pages 5654-5659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01487]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 25
[IB Docket No. 17-95; FCC 18-138]
Use of Earth Stations in Motion Communicating With Geostationary
Orbit Space Stations in Frequency Bands Allocated to the Fixed
Satellite Service
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Commission seeks comment on additional
frequency bands for ESIM communication with GSO satellites. These
additional frequencies would promote innovative and flexible use of
satellite technology and provide new opportunities for a variety of
uses.
DATES: Comments are due April 8, 2019. Reply comments are due May 8,
2019.
ADDRESSES: You may submit comments, identified by IB Docket No. 17-95,
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,
[email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Further Notice of Proposed Rulemaking (FNPRM), FCC 18-38, adopted
September 26, 2018, and released September 27, 2018. The full text of
the FNPRM is available at https://www.fcc.gov/document/fcc-facilitates-use-satellite-earth-stations-motion-0. The R&O and FNPRM 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).
Synopsis
In this Further Notice of Proposed Rulemaking, the Commission
considers additional frequency bands for ESIM communication with GSO
satellites that would promote innovative and flexible use of satellite
technology and provide new opportunities for a variety of uses.
Further Notice of Proposed Rulemaking
In this Further Notice of Proposed Rulemaking, in an effort to
provide additional flexibility to the growing ESIMs market, the
Commission seeks comment on expanding the frequencies available to
ESIMs communicating with GSO FSS satellite networks. SES and O3b
requested that the Commission consider expanding GSO ESIMs into
additional bands. Specifically, SES and O3b suggested that ESIM
operations should also be allowed in the FSS downlink frequency bands
10.7-10.95 GHz, 11.2-11.45 GHz, and 17.8-18.3 GHz. AC BidCo support
this proposal. SES and O3b also requested that the Commission propose
rules for ESIM operations communicating with NGSO FSS systems. The
Commission may address the ESIM operation with NGSO FSS systems in a
separate NPRM.
The Commission seeks comment on allowing ESIMs to operate in all of
the frequency bands in which earth stations at fixed locations
operating in GSO FSS satellite networks can be blanket-licensed because
in this situation operation of earth stations in motion should not
introduce a material change to the interference environment created or
to the protection required. Consistent with the revisions to the Table
of Frequency Allocations the Commission adopted in the NGSO FSS Report
and Order, the Commission seeks comment on expanding the Ku-band space-
to-Earth frequency ranges in which ESIMs can be authorized to receive
transmissions from GSO FSS space stations to also include the ranges
10.7-10.95 GHz and 11.2-11.45 GHz. The Commission seeks comment on
whether these operations would be on an unprotected basis with respect
to other services. In the Ka-band, the Commission seeks comment on
allowing ESIMs to receive signals from GSO FSS satellite space stations
on a secondary basis in the 17.8-18.3 GHz band and, on a primary basis,
in the 19.3-19.4 and 19.6-19.7 GHz band. Can FSS operators design their
systems such that widely deployed ESIMs can avoid interference from
widely deployed FS (e.g. by switching to other frequencies when
interference occurs)? What, if any impact will there be on customers if
an ESIMs encounters interference in frequency bands where FSS earth
stations are not entitled to protection? The Commission also seeks
comment on whether to allow ESIMs to operate in GSO FSS satellite
networks in the 18.8-19.3 GHz (space-to-Earth) and 28.6-29.1 GHz
(Earth-to-space) frequency bands on an unprotected, non-interference
basis with respect to NGSO FSS satellite systems. Finally, the
Commission seeks comment on any possible effects expanding the
frequencies available to ESIMs communicating with GSO FSS satellite
networks may have on existing or future services in these bands or
[[Page 5655]]
adjacent frequency bands and on any necessary changes to our rules that
may be appropriate to accommodate them.
Procedural Matters
Ex Parte Procedures. The proceeding this Further Notice initiates
shall be treated 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.
Comment Period and Procedures. Pursuant to sections 1.415 and 1.419
of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may
file comments and reply comments on or before the dates indicated on
the first page of this document. Comments may be filed using the
Commission's Electronic Comment Filing System (ECFS). See Electronic
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. If more than one docket
or rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
Filings can 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 St. SW, Room TW-A325, Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together
with rubber bands or fasteners. Any envelopes and boxes 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 9050 Junction Drive,
Annapolis Junction, MD 20701.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 445 12th Street SW, Washington DC 20554.
People With Disabilities: To request materials in accessible
formats for people with disabilities (Braille, large print, electronic
files, audio format), send an email to [email protected] or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
Regulatory Flexibility Act: Final Regulatory Flexibility Analysis.
Pursuant to the Regulatory Flexibility Act of 1980, as amended, 5
U.S.C. 601 et seq. (RFA), the Commission's Final Regulatory Flexibility
Analysis (FRFA) on the possible significant economic impact on small
entities of the policies and rules addressed in this Report and Order,
is attached as Appendix D. The Commission's Consumer and Governmental
Affairs Bureau, Reference Information Center, will send a copy of this
Report and Order, including the FRFA, to the Chief Counsel for Advocacy
of the Small Business Administration (SBA).
Initial Regulatory Flexibility Analysis. In addition, as required
by the RFA, the Commission has prepared an Initial Regulatory
Flexibility Analysis (IRFA) regarding the possible significant economic
impact on small entities of the policies and rules adopted in the
Further Notice of Proposed Rulemaking, which is found in Appendix F.
The Commission requests written public comment on the IRFA. Comments
must be filed in accordance with the same deadlines as comments filed
in response to the FNPRM and must have a separate and distinct heading
designating them as responses to the IRFA. The Commission's Consumer
and Governmental Affairs Bureau, Reference Information Center, will
send a copy of this FNPRM, including the IRFA, to the Chief Counsel for
Advocacy of the SBA.
Paperwork Reduction Act. This document contains 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, other Federal agencies, and the general public are
invited to comment on the modified information collection requirements
contained in this document. In addition, the Commission notes that
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law
107-198, see 44 U.S.C. 3506(c)(4), the Commission previously sought
specific comment on how the Commission might further reduce the
information collection burden for small business concerns with fewer
than 25 employees.
In this document, the Commission has assessed the effects of
reducing the application burdens of GSO FSS ESIM applicants, and find
that doing so will serve the public interest and is unlikely to
directly affect businesses with fewer than 25 employees.
In addition, this document contains proposed 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, Public Law 104-13. In addition,
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law
107-198, see 44 U.S.C. 3506(c)(4), 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.
Congressional Review Act. The Commission will send a copy of this
Report and Order to Congress and the
[[Page 5656]]
Government Accountability Office pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
Initial Regulatory Flexibility Analysis
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 that the Commission
seeks comment on 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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A. Need for, and Objectives of, the Proposed Rules
The Further Notice of Proposed Rulemaking seeks comment on
extending the use of other frequency bands in which blanket-licensed
FSS earth stations are permitted for ESIMs communicating with GSO FSS
space stations.
B. Legal Basis
The action would be 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 FNPRM seeks comment on extending the use of other frequency
bands in which blanket-licensed FSS earth stations are permitted for
ESIMs communicating with GSO FSS space stations. 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.
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 seeks comments on extending the use of other frequency
bands in which blanket-licensed FSS earth stations are permitted for
ESIMs communicating with GSO FSS space stations. 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.
Conclusion and Ordering Clauses
It is ordered, pursuant to sections 4(i), 7(a), 303, 308(b), and
316 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i),
157(a), 303, 308(b), 316, that this Report and Order is adopted, the
policies, rules, and requirements discussed herein are adopted, Parts 2
and 25 of the Commission's rules are amended as set forth in Appendix
B, and this Further Notice of Proposed Rulemaking is adopted.
It is further ordered that the rules and requirements adopted in
the Report and Order will become effective [30 days from the date of
publication in the Federal Register], except for those rules and
requirements containing new or modified information collection
requirements that require review by the OMB under the PRA, which will
become effective after OMB review and approval, on the effective date
specified in a notice that International Bureau will publish in the
Federal Register
[[Page 5657]]
announcing such approval and effective date.
It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Report and Order and Further Notice of Proposed
Rulemaking, including the Initial and Final Regulatory Flexibility
Analyses, to the Chief Counsel for Advocacy of the Small Business
Administration.
It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Report and Order to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A).
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.
Katura Jackson,
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.
0
2. Section 2.106, the Table of Frequency Allocations, is amended as
follows:
0
a. Revise page 52.
0
b. Revise footnote NG527A in the list of non-Federal Government (NG)
Footnotes.
The revisions read as follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
[[Page 5658]]
[GRAPHIC] [TIFF OMITTED] TP22FE19.018
[[Page 5659]]
* * * * *
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 and
the following provisions shall apply:
(a) In the band 10.7-11.7 GHz (space-to-Earth), ESIMs may be
authorized to communicate with geostationary satellites, subject to
the condition that these earth stations may not claim protection
from transmissions of non-Federal stations in the fixed service.
(b) 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), 19.3-19.4 GHz
(space-to-Earth, 19.6-20.2 GHz (space-to-Earth), 28.35-28.6 GHz
(Earth-to-space), and 29.25-30.0 GHz (Earth-to-space), ESIMs may be
authorized to communicate with geostationary satellites on a primary
basis.
(c) In the band 17.8-18.3 GHz (space-to-Earth), ESIMs may be
authorized to communicate with geostationary satellites on a
secondary basis.
(d) In the bands 18.8-19.3 GHz (space-to-Earth) and 28.6-29.1
GHz (Earth-to-space), ESIMs may be authorized to communicate with
geostationary satellites, subject to the condition that these earth
stations may not cause harmful interference to, or claim protection
from, non-geostationary-satellite systems in the fixed-satellite
service.
* * * * *
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. Section 25.202 is amended by revising paragraphs (a)(8) and (10) and
removing and reserving paragraph (a)(11) to read as follows:
Sec. 25.202 Frequencies, frequency tolerance, and emission limits.
(a) * * *
(8) The following frequencies are available for use by Earth
Stations on Vessels (ESVs) communicating with GSO FSS space stations,
subject to the provisions in Sec. 2.106 of this chapter:
3700-4200 MHz (space-to-Earth)
5925-6425 MHz (Earth-to-space)
* * * * *
(10) The following frequencies are available for use by Earth
Stations in Motion (ESIMs) communicating with GSO 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)
18.3-18.8 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)
29.25-30.0 GHz (Earth-to-space)
[FR Doc. 2019-01487 Filed 2-21-19; 8:45 am]
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