[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.

* * * * *

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[GRAPHIC] [TIFF OMITTED] TP22FE19.018


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* * * * *

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]
 BILLING CODE 6712-01-P