[Federal Register Volume 84, Number 195 (Tuesday, October 8, 2019)]
[Rules and Regulations]
[Pages 53630-53659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19810]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 25
[IB Docket No. 17-95; FCC 18-138]
Earth Stations in Motion
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) amends its rules to facilitate the deployment of earth
stations in motion (ESIMs) communicating with geostationary (GSO)
fixed-satellite service (FSS) satellite systems.
DATES: This rule is effective: October 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.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order (R&O), IB Docket No. 17-95, FCC 18-138, adopted on September
26, 2018, and released on September 27, 2018. The full text of this
document is available at https://apps.fcc.gov/edocs_public/attachmatch/FCC-18-138A1.pdf. The full text of this document 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).
Paperwork Reduction Act
This document contains new and modified information collection
requirements. The Commission has received approval from the Office of
Management and Budget (OMB) for the information collection requirements
contained in this document, as required by the Paperwork Reduction Act
of 1995, Public Law 104-13. OMB approval was received on July 17, 2019
for OMB control number 3060-0678. In addition, we previously sought
comments from the public on how the Commission might further reduce the
information collection burden for small business concerns with fewer
than 25 employees pursuant to the Small Business Paperwork Relief Act
of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
Synopsis
In this Report and Order (R&O), the Commission simplifies its rules
to facilitate the continued deployment of Earth Stations in Motion
(ESIMs) and reduce the regulatory burdens on ESIMs. First, we
reorganize and consolidate the sections in part 25 of the Commission's
rules, including technical and operational as well as application
rules, for the three types of Fixed-Satellite Service (FSS) earth
stations that the Commission authorizes to transmit while in motion:
Earth Stations on Vessels (ESVs), Vehicle-Mounted Earth Stations
(VMESs), and Earth Stations Aboard Aircraft (ESAAs), collectively known
as ESIMs. Second, we amend our rules to allow the operation of ESIMs in
the conventional Ka-band. Specifically, our rules apply to ESIMs
communicating with geostationary-orbit (GSO) FSS space stations
operating in 18.3-18.8 GHz and 19.7-20.2 GHz (space-to-Earth), and
28.35-28.6 GHz and 29.25-30.0 GHz (Earth-to-space) frequency bands. The
new rules create regulatory equity by adopting a regulatory regime for
ESIM operations in the conventional Ka-band similar to that which
currently exists in the conventional C-band, the conventional Ku-band,
and in portions of the extended Ku-band.\1\
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\1\ The ``conventional C-band'' refers to the 3700-4200 MHz
(space-to-Earth) and 5925-6425 MHz (Earth-to-space) FSS frequency
bands. See 47 CFR 25.103. The ``conventional Ku-band'' refers to the
11.7-12.2 GHz (space-to-Earth) and 14.0-14.5 GHz (Earth-to-space)
FSS frequency bands, and the ``extended Ku-band'' refers to the
10.95-11.2 GHz, 11.45-11.7 GHz, and 13.75-14.0 GHz bands.
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Report and Order
Commenters generally applaud the Commission for its decision to
consolidate ESIMs regulations into a single rule section.\2\ AC BidCo
urges the Commission to implement these revisions to eliminate
redundancy in its rules and provide a unified framework
[[Page 53631]]
for all ESIM operations.\3\ Many commenters also support the proposed
technical and operational changes. Several parties support extending
the routine licensing of ESIMs into the Ka-band.\4\ Iridium, however,
expresses concerns with this proposal,\5\ which are addressed below. As
discussed in this decision, we generally adopt many of the changes
proposed in the ESIMS NPRM.
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\2\ See, e.g., Boeing Comments at 1; Inmarsat Comments at 8;
Joint Commenters of Kymeta Corporation and Intelsat License LLC
(Joint Comments) at 1; and ViaSat Comments at 1.
\3\ AC BidCo Comments at 2. AC BidCo holds an ESAA license that
is used by its affiliate Gogo Inc to provide inflight connectivity
and wireless entertainment services for commercial and business
fleets around the world. Id. at 1-2.
\4\ See, e.g., Inmarsat Reply Comments at 1.
\5\ Iridium Comments at 12.
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We proposed to bring all the technical, operational and
coordination requirements for blanket licensed-ESV, VMES and ESAA earth
stations that are linked to GSO FSS space stations under one umbrella
rule section, Sec. 25.228, applicable to ESIMs generally. We grouped
ESIM requirements into the following categories: (1) Core rules (i.e.
those applicable to all ESIMs); (2) vehicle-type specific \6\ rules
that apply across multiple frequency bands; (3) frequency-band specific
status and coordination rules; and (4) vehicle-type specific rules that
apply to a single frequency band. In this Order, we adopt changes
within all of these subparts to accomplish our goal of simplifying and
streamlining the ESIMs rules.
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\6\ ``Vehicle-type specific'' means applicable only to ESAA, to
ESV, or to VMES.
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Following the structure of the ESIMs NPRM, we first address
proposals involving changes in more than one rule section and then
address proposed changes in the remaining rules in the order in which
they appear in part 25.
Definitions
As proposed in the ESIMs NPRM, we amend several current definitions
and add new definitions to our rules to provide greater clarity
regarding the operation of earth stations in motion with GSO FSS space
stations.\7\ In response to the proposed changes to the definitions in
the NPRM, commenters uniformly support the changes discussed below.
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\7\ See NPRM, 32 FCC Rcd at 4242-43, paras. 8-14.
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Definition of ESIMs. We adopt a definition for ESIMs in Sec.
25.103.\8\ ESIM is defined to mean a term that collectively designates
ESVs, VMESs and ESAAs, which are already defined in Sec. 25.103.\9\
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\8\ 47 CFR 25.103.
\9\ Id.
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Revised Definition of Blanket License. We adopt the proposal to
change the definition of Blanket License in Sec. 25.103 to refer to
the type of satellite service in which the earth station operates,
i.e., FSS or MSS rather than the type of earth station, i.e., fixed or
mobile.\10\ Changing the earth-station categorization in this
definition to FSS and MSS better reflects the types of stations that
can be licensed to operate anywhere in a geographic area specified in
the license. Additionally, we adopt other minor rewording for clarity.
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\10\ NPRM, 32 FCC Rcd at 4242-43, para. 10.
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Definition of Network Control and Monitoring Center (NCMC). We also
adopt the proposed definition of Network Control and Monitoring Center
in Sec. 25.103.\11\ An NCMC, as used in the part 25 rules, is a
facility that has the capability to remotely control earth stations
operating as part of a satellite network or system.\12\
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\11\ Id. at 4243, para. 11.
\12\ As such, an NCMC would constitute a ``remote control
point'' as that term is used in the part 25 rules (see, e.g., 47 CFR
25.271(b), 25.272(d)(1)).
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Eliminating Cross-References in Revised Definitions. We revise the
definitions of VMES and ESAA to eliminate cross-references to rule
sections (Sec. Sec. 25.226 and 25.227 respectively) that we are
deleting in this Report and Order.\13\ Similarly, any cross-references
to those deleted sections elsewhere in the rules are deleted as
well.\14\ Furthermore, we revise the definitions of routine processing
and a two-degree compliant space station in Sec. 25.103 to remove a
cross-reference to Sec. 25.138(a), because we are consolidating Sec.
25.138(a) into Sec. 25.218(i), as explained below.
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\13\ The technical and operational rules in Sec. Sec. 25.226
and 25.227 are being consolidated in Sec. 25.228, and the
application rules are being consolidated in Sec. 25.115. See paras.
0-0 and 67-0 infra.
\14\ While we also moved the Sec. Sec. 25.221 and 25.222
operating requirements for ESVs under the same umbrella that covers
VMESs and ESAAs (i.e., the umbrella of the proposed Sec. 25.228 for
ESIMs), the Sec. 25.103 definition of ESVs does not need to be
revised to eliminate any outdated cross-references because it does
not now contain any cross-references.
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Incorporating Sec. 25.138 Into Sec. 25.218, and Extending the
Applicability of Sec. 25.218 to the Conventional Ka-Band and ESIMs
In the ESIMs NPRM, the Commission proposed moving the conventional
Ka-band provisions from Sec. 25.138 into similar paragraphs of Sec.
25.218.\15\ The Commission also proposed applying Sec. 25.218 to all
applications for fixed and temporary-fixed FSS earth stations
transmitting to geostationary space stations in the conventional or
extended C-band or Ku-band, or the conventional Ka-band, and to all
applications for ESIMs in the conventional C-, Ku-, or Ka-band,\16\
except for applications proposing transmission of analog command
signals at a band edge with bandwidths greater than 1 MHz or
transmission of any other type of analog signals with bandwidths
greater than 200 kHz.\17\ Section 25.218 contains off-axis equivalent
isotropically radiated power (EIRP) density envelopes for FSS earth
stations transmitting to GSO FSS space stations in the conventional C-
band, extended C-band, conventional Ku-band, or extended Ku-band.\18\
Earth stations in these frequency bands that comply with these
envelopes are considered ``two-degree-spacing compliant,'' and the
operators of their target space stations are not required to coordinate
the operation of these earth stations with operators of nearby space
stations. As proposed in the NPRM,\19\ we merge the off-axis EIRP
density provisions of Sec. 25.138 into Sec. 25.218, thus extending
the applicability of Sec. 25.218 to conventional Ka-band GSO FSS earth
stations.\20\ Commenters support adoption of a consolidated rule that
eliminates duplicative references to the off-axis EIRP spectral density
limits and that would apply a single set of limits across all types of
FSS earth station, including those on mobile platforms.\21\
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\15\ NPRM, 32 FCC Rcd at 4243-44, para. 15.
\16\ See 47 CFR 25.103. The ``extended C-band'' refers to the
600-3700 MHz (space-to-Earth), 5850-5925 MHz (Earth-to-space), and
6425-6725 MHz (Earth-to-space) FSS frequency bands, and the
``conventional Ka-band'' refers to the 18.3-18.8 GHz (space-to-
Earth), 19.7-20.2 GHz (space-to-Earth), 28.35-28.6 GHz (Earth-to-
space), and 29.25-30.0 GHz (Earth-to-space) frequency bands, which
the Commission has designated as primary for GSO FSS operation. Id.
\17\ Id. at para. 18.
\18\ We note that the rules do not currently provide for ESIM
operations in the extended C- band.
\19\ NPRM, 32 FCC Rcd at 4243-44, para. 15.
\20\ See 47 CFR 25.218(i). This consolidation of rules does not
involve any change to existing off-axis EIRP spectral density
limits.
\21\ See, e.g., Boeing Comments at 3; Inmarsat Comments at 3;
and ViaSat Comments at 5-6.
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Similarly, for organizational coherence, the Commission proposed
making the conventional Ka-band requirements in Sec. 25.138(f), which
hold blanket licensees responsible for operations of transceivers
operating under their license, applicable to earth station licensees in
all frequency bands.\22\ We will place this requirement in new Sec.
25.290,\23\ and eliminate the
[[Page 53632]]
cross-reference to Sec. 25.138.\24\ The Commission proposed that Sec.
25.290 would also include the rule contained in Sec. 25.287(d), which
imposes the same requirement on licensees of mobile transmitters or
transceivers operating in some Mobile-Satellite Service frequencies,
allowing that that Sec. 25.287(d) be removed.\25\ Commenters broadly
support these streamlining reorganizational moves which we adopt.\26\
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\22\ NPRM, 32 FCC Rcd at 4244, para. 17.
\23\ In the NPRM, we proposed placing the requirements in new
Sec. 25.289. See NPRM, 32 FCC Rcd at 4244 para. 17. Because the
Commission subsequently used Sec. 25.289 to adopt rules governing
the protection of GSO networks by NGSO systems, we instead adopt
these requirements as part of new Sec. 25.290.
\24\ 47 CFR 25.290.
\25\ We also proposed to retain the exception for analog video
earth station applications.
\26\ See, e.g., Inmarsat Comments at 3.
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Reorganizing and Streamlining the Technical, Operational and
Coordination Requirements
Core ESIM Rules
In the ESIMs NPRM, the Commission sought comment on combining the
core ESIMs rules that were essentially the same for each type of
ESIM.\27\ As both Boeing and the Joint Commenters note, the ``core''
rules governing ESVs, VMESs, and ESAAs are nearly but not quite
identical, which creates unnecessary confusion for applicants and
operators.\28\ The Commission proposed to amend the core rules, where
necessary, to create uniformity. Specifically, for rules related to the
Commission's GSO FSS two-degree orbital spacing policy, control of
operating ESIMs, operational reports, and electromagnetic radiation
safety, the Commission proposed substantive changes in some cases to
eliminate unnecessary variations across types of ESIMs.\29\ As proposed
in the NPRM, we also eliminate unnecessary duplication of rules across
different rule sections.\30\ These changes are widely applauded by
commenters.\31\ In the discussion to follow, we explain the substantive
changes to the following areas of our ESIM rules: (1) Antenna pointing
accuracy requirements, (2) EIRP density limits, (3) the self-monitoring
(self-diagnostics) requirement, (4) the network control and monitoring
center requirement, (5) logging requirements, and (6) the installation
requirements related to radiation safety.
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\27\ NPRM, 32 FCC Rcd at 4245, para. 20.
\28\ See Boeing Comments at 2; Joint Commenters at 3.
\29\ NPRM, 32 FCC Rcd at 4245-52, section C.
\30\ Id. at 4243-44, paras. 19-20.
\31\ See, e.g., AC BidCo Comments at 2; Inmarsat Comments at 2;
Joint Commenters at 1; Telesat Comments at 2-3; ViaSat Comments at
4-5.
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Antenna Pointing Accuracy Requirement. As explained in the ESIMs
NPRM, the definition of theta as revised by the 2015 Second Report and
Order obviates the need for an antenna pointing accuracy requirement,
because the limit on off-axis EIRP density toward adjacent satellites
is fixed regardless of the direction in which the earth station antenna
is pointed.\32\ Therefore, the Commission proposed to eliminate the
antenna pointing accuracy requirement contained in the individual ESV,
VMES, and ESAA rules in Sec. Sec. 25.221, 25.222, 25.226, and
25.227.\33\ Most commenters support eliminating this requirement.\34\
ViaSat notes that it is now well-established in the industry and in the
Commission's precedent that GSO FSS spectrum resources can be used for
service to mobile platforms without adversely changing the operating
environment created by a traditional FSS earth station.\35\ ViaSat
further states that ``commercially available pointing mechanisms enable
transmissions from these earth stations to remain focused on the
desired GSO FSS space station even while the earth station is mounted
on a moving platform. These technologies have been proven to be
reliable through almost two decades of successful coexistence.'' \36\
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\32\ NPRM, 32 FCC Rcd at 4246, para. 22 (referencing
Comprehensive Review of Licensing and Operating Rules for Satellite
Services, IB Docket No. 12-267, Second Report and Order, 30 FCC Rcd
14713, 14755, para. 115 (2015) (2015 Second Report and Order)). This
is the same as the approach taken by the ITU in Resolution 156 (WRC-
15), which prescribes the operating conditions for ESIMs
communicating with FSS space stations in the 19.7-20.2 GHz and 29.5-
30 GHz frequency bands. In that resolution, the off-axis angle theta
is defined as the angle ``from the vector from the earth station
antenna to the associated satellite.'' See Final Acts of WRC-15 at
248. Resolution 156 does not contain any antenna pointing accuracy
requirements, because its off-axis EIRP density limits, like those
in Sec. 25.218 of the Commission's rules, are independent of the
direction the ESIM antenna is pointed. See id. at 4246, fn. 33.
\33\ NPRM, 32 FCC Rcd at 4246, para. 22. As noted in the NPRM,
the definition of theta was revised by the 2015 Second Report and
Order. The definition in Sec. Sec. 25.221, 25.222, 25.226, and
25.227 paragraph (a)(1)(i)(A) formerly read ``theta ([thgr]) is the
angle in degrees from the line connecting the focal point of the
antenna to the orbital location of the target satellite.'' The minor
rewording of the definition takes into account the fact that not all
earth stations use feedhorn-reflector type antennas with focal
points, and the fact that earth station antennas pointed toward GSO
FSS satellites are usually pointed to the assigned location of the
satellite, and do not track the actual position of the target
satellite at any given time. The same definition of theta is now
used in Sec. 25.209, 47 CFR 25.209. See id. at 4246, fn. 32.
\34\ AC BidCo Comments at 3-4; Hughes Comments at 3; Inmarsat
Comments at 3; Joint Commenters at 4; ViaSat Comments at 4, 7.
\35\ ViaSat Comments at 2.
\36\ ViaSat Comments at 7.
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We adopt the proposal to eliminate the antenna pointing
requirement. ESIM transmissions must remain within our off-axis EIRP
density limits under all operating conditions. As discussed above,\37\
these limits are specified at off-axis angles measured with respect to
a vector from the earth station to the target satellite, not with
respect to the direction the antenna is pointed. Thus, it is
unnecessary for the Commission to prescribe limits on ESIM antenna
pointing accuracy. By eliminating the antenna pointing accuracy
requirement but maintaining the off-axis EIRP density limits, we give
ESIM operators more flexibility in anomalous situations, because they
can meet the off-axis EIRP density limits either by maintaining
accurate antenna pointing or by reducing EIRP density when the antenna
is mispointed, while continuing to protect adjacent-band
operations.\38\
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\37\ See para. 0 and n.9 supra.
\38\ Joint Commenters Comments at 4.
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Off-Axis EIRP Density Limits. In the ESIMs NPRM, the Commission
noted that the off-axis EIRP density limits rule, Sec. 25.218, applied
to applications for GSO FSS earth stations at fixed locations, but
specifically excepted applications for ESVs, VMESs, and ESAAs.\39\
However, the numerical EIRP density limits over each specified angular
range and the definition of [thgr] in Sec. 25.218 are the same as
those for the same frequency bands in the individual ESIM Sec. Sec.
25.221, 25.222, 25.226, and 25.227. Thus, to streamline the ESIMs
rules, we cross-reference the off-axis EIRP density limits that already
exist in Sec. 25.218. And because the conventional Ka-band off-axis
EIRP density limits currently in Sec. 25.138 are merged into Sec.
25.218, we only need to cross-reference Sec. 25.218 to cover all of
the frequency bands in which our rules provide for ESIM operations.
Most commenters are in favor of these changes.\40\
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\39\ NPRM, 32 FCC Rcd at 4247, para. 23.
\40\ See, e.g., Boeing Comments at 3; Inmarsat Comments at 3;
ViaSat Comments at 5-6; AC BidCo Reply Comments at 2.
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One commenter, CTIA, expresses concern that relaxing the off-axis
EIRP density limits may unintentionally limit the ability for FSS and
Upper Microwave Flexible Use Service (UMFUS) to coexist.\41\ CTIA
asserts that knowledge of the precise off-axis EIRP density from an FSS
earth station is a key component in determining the interference margin
between ESIMs in the presence of terrestrial operations in the adjacent
spectrum bands.\42\ CTIA's concerns, however, are misplaced since the
Commission is not relaxing the off-axis EIRP density limits for ESIMs.
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\41\ CTIA Reply Comments at 4.
\42\ Id.
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Shutdown Requirements. The shutdown requirements contained in the
individual ESIM sections require
[[Page 53633]]
cessation of emissions for ESV, VMES, and ESAA transmitters based on
detection of antenna mispointing.\43\ Consistent with the proposed
changes regarding antenna mispointing, the Commission proposed to
replace the shutdown requirements with provisions in paragraphs (b) and
(c) of Sec. 25.228 requiring cessation or reduction of emissions in
the event that the ESIM or its associated network control and
monitoring system detects that the ESIM has exceeded or is about to
exceed the off-axis EIRP density limits.\44\ Commenters generally
support this proposal, which we adopt.\45\
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\43\ See paragraphs (a)(1)(iii) of Sec. Sec. 25.221, 25.222,
25.226, and 25.227.
\44\ NPRM, 32 FCC Rcd at 4247, para. 25.
\45\ Inmarsat supports the Commission's proposed shutdown and
monitoring requirements, but it disagrees that ESIM applicants
should have to ``demonstrate how that requirement will be met.
Inmarsat Comments at 4. This is discussed further in paras. 0-0
infra. See also Joint Commenters Comments at 4; ViaSat Reply
Comments at 2 (concurring with Inmarsat's comments).
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Contention Protocols. The Commission proposed that Sec. 25.228
would not include the requirement in paragraphs (a)(4) of Sec. Sec.
25.226 and 25.227 that VMES and ESAA applicants that plan to use a
contention protocol in the uplink transmissions of their ESIMs certify
that their use of the contention protocol is reasonable.\46\ This
requirement is already contained in Sec. 25.115(i), and applies by its
terms to applications for ESIMs.\47\ No commenters object to this
revision, which is adopted.\48\
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\46\ NPRM, 32 FCC Rcd at 4248, para. 28.
\47\ The duplication would be eliminated by deleting Sec. Sec.
25.226 and 25.227 in their entireties, as proposed.
\48\ See, e.g., Inmarsat Comments at 4 (stating that Inmarsat
supports the Commission's proposals regarding contention protocols).
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Point of Contact in the United States. The Commission proposed to
consolidate the requirement that there be a point of contact in the
United States with the authority and ability to cease all emissions
into the platform-specific rules for ESVs, VMESs, and ESAAs in Sec.
25.228.\49\ No commenters take exception to this proposal, which we
adopt.\50\
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\49\ NPRM, 32 FCC Rcd at 4248, para. 29.
\50\ See, e.g., Inmarsat Comments at 3 (noting that ``[t]hese
rule revisions will promote uniformity and efficiency.'').
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Data Logging Requirement. The Commission proposed to eliminate the
data logging requirements that are in paragraphs (a)(5) of Sec. Sec.
25.221 and 25.222 for C- and Ku-band ESV operators and in paragraphs
(a)(6) of Sec. Sec. 25.226 and 25.227 for Ku-band VMES and ESAA
operators.\51\ The Commission has never requested the logs for the
vehicle location, transmit frequency, channel bandwidth, and target
satellite of ESIM transmissions from an ESIM operator. Commenters
almost uniformly report never having been asked for this data and were
consistent in their support for eliminating the requirement.\52\ For
example, Hughes comments that the Commission should find that the data
logging requirements imposed on ESIM operators are onerous and
unnecessary and, accordingly, should be eliminated.\53\ In its reply
comments, ViaSat notes that HNS, Gogo, Inmarsat, Kymeta, Intelsat and
Boeing confirm ViaSat's experience and understanding that ESIM location
information has been unnecessary because there does not appear to have
been any suspected cases of interference.\54\ However, SES and O3b
state in reply comments that it had used this data to resolve
interference events, without providing specifics.\55\ SES and O3b
requests that if the Commission chooses to eliminate the requirement,
we should remind ESIM operators that they must cooperate fully to
resolve instances of harmful interference.\56\ Section 25.274(g) of the
Commission's rules already imposes this requirement for all
operators.\57\ Given the experience with several years of ESIM
operations, we find that the logging requirement is no longer
necessary.
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\51\ NPRM, 32 FCC Rcd at 4248, para. 30.
\52\ AC BidCo Comments at 4; Boeing Comments at 5; Hughes
Comments at 4; Inmarsat Comments at 3; Joint Commenters at 5;
Telesat Comments at 6; and ViaSat at 4, 7-8; AC BidCo Reply Comments
at 2-3.
\53\ Hughes Comments at 4.
\54\ ViaSat Reply Comments at 4.
\55\ SES and O3b Reply Comments at 9-10.
\56\ Id.
\57\ 47 CFR 25.274(g).
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Remote Monitoring and Control Requirement. The Commission proposed
to incorporate a remote monitoring and control requirement in our
proposed Sec. 25.228(c), and make it applicable to all types of
ESIMs.\58\ The Commission proposed that each remote terminal must be
(1) monitored and controlled by a network control and monitoring center
(NCMC) or equivalent facility, (2) that each remote terminal must
comply with ``disable transmission'' commands from the NCMC, and (3)
that the NCMC must monitor the operation of each ESIM terminal in its
network, and transmit a ``disable transmission'' command to a remote
terminal that malfunctions in such a way as to cause unacceptable
interference to another radiocommunication station. These requirements
are spread throughout the existing rule sections.\59\ While the
Commission did not include the 100 millisecond response time for
complying with a ``disable transmission'' command in the text of the
proposed rules, the Commission did pose the question as to whether it
should be maintained.\60\ Commenters support the proposal to harmonize
the requirements and maintain the 100 millisecond response time.\61\
For example, ViaSat notes that the capability of NCMCs to command
individual ESIMs to cease or reduce emissions within 100 milliseconds
if the aggregate off-axis EIRP density limits are being exceeded is
already required in the separate service rules for each type of ESIM
and has not been a barrier to ESIM deployment.\62\ Thus, ViaSat says
incorporating a requirement into the consolidated rule to monitor the
aggregate power density levels of all ESIMs in the network would not
increase regulatory burdens or otherwise impede future deployment of
ESIMs.\63\ To the contrary, ViaSat points out that this requirement is
necessary to ensure that ESIM networks that use variable power control
are capable of complying with the off-axis EIRP density limits in the
aggregate, and thus ensuring that adjacent satellite networks are
adequately protected.\64\
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\58\ NPRM, 32 FCC Rcd at 4248-49, para. 31.
\59\ The monitoring and control requirements were in paragraphs
(a)(2)(iii) and (a)(3)(iii) of Sec. Sec. 25.221, 25.222, 25.226,
and 25.227; and 25.227(a)(10).
\60\ See NPRM, 32 FCC Rcd at 4249, para. 33 (addressing
cessation of uplink transmissions for VMES).
\61\ See, e.g., Hughes Comments at 2; Inmarsat Comments at 4;
Telesat Comments at 7; and ViaSat Comments at 7.
\62\ ViaSat Reply Comments at 8.
\63\ Id.
\64\ ViaSat Reply Comments at 8.
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In contrast, Telesat asserts that specific NCMC capability
requirements regarding aggregate off-axis EIRP spectral density limits
are unnecessary and suggests that one possible approach for network
operators to ensure compliance with aggregate off-axis EIRP spectral
density limits is through the methodology in ITU Resolution 156.\65\
Telesat argues that network designers and operators should decide
whether to monitor aggregate off-axis spectral density limits, but
should not be required to do so.\66\
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\65\ Telesat Comments at 7. Telesat states that under this
methodology, compliance with the aggregate limit would be maintained
by limiting the power density of each individual earth station by 10
log(N) dB, where N is the ``number of earth stations in motion that
are in the receive satellite beam of the associated satellite and
that are expected to transmit simultaneously on the same
frequency.'' Id.
\66\ Id.
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[[Page 53634]]
ViaSat asserts that Telesat's proposal is flawed due to the fact
that Resolution 156 is premised on a requirement that an NCMC notify
individual terminals to cease operations through ``disable
transmission'' commands, and that means individual earth stations must
be controlled by an NCMC in any event.\67\ According to ViaSat, the
mechanism for controlling individual earth stations to manage aggregate
off-axis EIRP density still is necessary under Resolution 156, both to
calculate the apportioned power levels based on the number of operating
terminals and to monitor the aggregate of the apportioned values, and
command earth stations to adjust their levels or cease transmitting as
required.'' \68\ We agree with ViaSat and further note that Note 4 of
Annex 1 to ITU Resolution 156 explicitly addresses the need of
controlling potential aggregate interference. ViaSat also states that
the 10 log(N) approach, considered in Note 3 of Annex 1 to ITU
Resolution 156 and not requiring controlling aggregate off-axis EIRP
density is inappropriate for ESIMs using advanced modulation and coding
techniques. We agree with ViaSat on this point. These techniques are
intended to cope with propagation impairments specific to the location
of each ESIM or for other network efficiency considerations. As a
result, such ESIMs may intentionally transmit with different EIRP
density levels.\69\ For those reasons, we do not agree with Telesat's
proposal to eliminate the need for monitoring the aggregate off-axis
EIRP density.
---------------------------------------------------------------------------
\67\ ViaSat Reply Comments at 7.
\68\ Id.
\69\ Id.
---------------------------------------------------------------------------
We also agree with ViaSat, Hughes and others that retaining the
monitoring and control requirements, consolidating them into the ESIM
section and harmonizing them for all types of ESIMs does not increase
the regulatory burden. We also agree with commenters that the
capabilities provided by the NCMC per these requirements are essential
for effective spectrum sharing. We therefore adopt the proposed
incorporation of the requirements, including the 100 millisecond
response time, into Sec. 25.228 and the application of those
requirements to all types of ESIMs.
Self-Monitoring Requirement. Section 25.227(a)(11) requires that
ESAA terminals be self-monitoring and capable of automatically ceasing
transmission. Sec. 25.227 paragraphs (a)(1)(iii), (a)(2)(ii), and
(a)(3)(ii), and corresponding paragraphs in Sec. Sec. 25.221, 25.222,
and 25.226 contain similar self-monitoring requirements. The Commission
proposed to make this requirement generally applicable to all types of
ESIMs and to codify it in Sec. 25.228(b).\70\ Commenters are also
supportive of extending this requirement to all ESIMs in the unified
ESIM rule.\71\ We adopt the proposal to codify the self-monitoring
requirement in Sec. 25.228(b).
---------------------------------------------------------------------------
\70\ NPRM, 32 FCC Rcd at 4249, para. 32.
\71\ See, e.g., Hughes Comments at 2; Inmarsat Comments at 4;
ViaSat Comments at 7.
---------------------------------------------------------------------------
Cessation of Uplink Transmissions Upon Loss of Downlink Signal.
Sections 25.226(a)(9) and 25.227(a)(9) state that each VMES or ESAA
terminal must automatically cease transmitting within 5 seconds or 100
milliseconds, respectively, upon loss of reception of the satellite
downlink signal or when it detects that unintended satellite tracking
has happened or is about to happen. In the ESIMs NPRM, the Commission
proposed to eliminate these rules as redundant \72\ because Sec.
25.271(g) applies by its terms to all types of ESIMs, and its provision
with regard to loss of synchronization to signals from the target
satellite is general enough to cover all situations of interest. Boeing
and other commenters support this proposal.\73\ Specifically, Boeing
states that the ``Commission's recent adoption of Sec. 25.271(g)
adequately addresses this requirement for all earth stations operating
with FSS networks without imposing a potentially arbitrary time limit
(i.e., five [seconds] or a tenth of a second) for meeting the
requirement.'' \74\ We affirm that Sec. 25.271(g) stands in the place
of these vehicle-specific requirements, and delete Sec. Sec.
25.226(a)(9) and 25.227(a)(9).
---------------------------------------------------------------------------
\72\ NPRM, 32 FCC Rcd at 4249, para. 33.
\73\ Boeing Comments at 5; Inmarsat Comments at 4.
\74\ Boeing Comments at 6.
---------------------------------------------------------------------------
ESIM Installation Requirement for Radiation Hazard Mitigation. Our
rules require that all VMES and ESAA licensees ensure installation of
VMES or ESAA terminals on vehicles by qualified installers who have an
understanding of the antenna's radiation environment and use those
measures best suited to maximize protection of the general public and
persons operating the vehicle and equipment.\75\ The Commission
proposed extending this requirement to ESVs operating in the C-, Ku-
and Ka-bands, because the same basic rationale for the VMES and ESAA
requirement appears to apply equally to ESVs--i.e., to ensure
protection of members of the public (including those manning the
vessels and operating the equipment), who may be exposed to hazardous
radiation environments on vessels as well as on or in the vicinity of
land vehicles and aircraft.\76\ Accordingly, the Commission proposed to
consolidate the requirement into paragraph (d) of the proposed Sec.
25.228.\77\ The Commission also proposed cross-referencing Sec. 1.1310
Table 1 of the Commission's rules, rather than specifying the maximum
permitted radiation exposure level in Sec. 25.228(d).\78\ As with
other organizational changes, commenters are supportive.\79\ We
therefore adopt these proposals.
---------------------------------------------------------------------------
\75\ The rules also require that a VMES or ESAA terminal
exhibiting radiation exposure levels exceeding 1.0 mW/cm\2\ in
accessible areas, such as at the exterior surface of the radome,
must have a label attached to the surface of the terminal warning
about the radiation hazard and must include thereon a diagram
showing the regions around the terminal where the radiation levels
could exceed 1.0 mW/cm\2\.
\76\ NPRM, 32 FCC Rcd at 4249, para. 34.
\77\ Id.
\78\ Id.
\79\ AC BidCo Comments at 3; Inmarsat Comments at 4.
---------------------------------------------------------------------------
Reorganizing and Streamlining Footnotes to the Table of Frequency
Allocations
In the ESIMs NPRM, we proposed to reorganize and consolidate the
sections in part 25 of the Commission's rules, including technical and
operational as well as application rules, for the three types of ESIMs.
This reorganization included updates to the Commission's Table of
Frequency Allocations as necessary to reflect the changes we adopt in
this Order. We find that this reorganization can better be accomplished
with a few additional, non-substantive organizational changes in the
non-Federal Government (NG) Footnotes to the Table of Frequency
Allocations.\80\
---------------------------------------------------------------------------
\80\ 47 CFR 2.106. We note that these revisions are in addition
to the changes proposed in the NPRM, such as to US133, and are
adopted herein.
---------------------------------------------------------------------------
Specifically, we combined the text of footnote NG55 with part of
the text from footnote NG52 which addresses ESIM sub-bands. Based on
the number of the international footnote for ESIMs, 5.527A, the
resulting footnote is numbered as NG527A.\81\ As a result of combining
ESIM-related substantive issues in the new NG527A, we additionally move
some text in NG52 to new footnote NG527A. Additionally, we combine the
text of revised footnote NG180 with the existing text of NG181, and
numbered the resulting footnote as NG457A.\82\ Finally, based on these
revisions, we remove footnotes NG55, NG180, and NG181. The substantive
[[Page 53635]]
content in those footnotes is fully covered by the other revisions. We
note below where these changes impact other revisions.
---------------------------------------------------------------------------
\81\ See Appendix B--Final Rules.
\82\ As with the new ESIM footnote, NG527A, the numbering for
the ESV footnote, NG457A, is based on the number of the
international footnote for ESVs in the 5925-6425 MHz band, 5.457A.
---------------------------------------------------------------------------
Vehicle-Type Specific Rules Applicable Across Multiple Frequency Bands
ESV Requirements. As explained in the ESIMs NPRM, there are two
rule sections that address specific requirements for ESV operators that
were adopted to codify section 306 of the Communications Act.\83\
Specifically, paragraphs (a)(6) and (a)(7) of Sec. Sec. 25.221 and
25.222 require ESV operators, licensed by the FCC that are
communicating with ESVs on vessels registered outside the United States
to maintain detailed information on each vessel's country of registry
and a point of contact within the foreign administration responsible
for licensing the ESV, and to control ESVs using a hub earth station
located in the United States. However, a U.S.-licensed ESV may operate
under control of a hub earth station located outside the United States,
provided that the ESV operator maintains a point of contact in the
United States that can make the ESV cease transmitting if necessary.
Because paragraphs (a)(6) and (a)(7) of Sec. Sec. 25.221 and 25.222
are statutorily based, we retain these requirements in paragraph (e)(3)
and paragraph (e)(1), respectively, of Sec. 25.228.
---------------------------------------------------------------------------
\83\ NPRM, 32 FCC Rcd at 4250, para. 36. See also 47 U.S.C. 306.
---------------------------------------------------------------------------
We also discontinued our use of the term ``ESV hub operators'' and
``hub earth stations'' for greater clarity. In their place, in our
revised rules, we use the term ``network control and monitoring
center'' (NCMC) \84\ to better reflect the nature of the functions
performed by such facilities. Commenters generally offer approval of
this ministerial change.\85\
---------------------------------------------------------------------------
\84\ As noted in paragraph 0 supra, we adopt the definition of
network control and monitoring center (NCMC) in Sec. 25.103.
\85\ Inmarsat Comments at 6.
---------------------------------------------------------------------------
VMES Requirements. As the Commission noted in the ESIMs NPRM, there
are currently no rules in part 25 of the Commission's rules that apply
to VMES terminals in more than one frequency band,\86\ because VMES
rules in part 25 only apply to Ku-band VMESs. In keeping with our goal
to streamline rules for all ESIM operators, we did not propose in the
NPRM, and do not adopt here, any VMES-specific rules that would apply
across all frequency bands.
---------------------------------------------------------------------------
\86\ NPRM, 32 FCC Rcd at 4250, para. 39.
---------------------------------------------------------------------------
ESAA Requirements. There are four sections of Sec. 25.227 that are
specific to ESAA operators in the Ku-band. There are no objections to
our proposal to reorganize these ESAA requirements, either by
eliminating redundant sections or incorporating them into Sec.
25.228.\87\
---------------------------------------------------------------------------
\87\ Our decision to extend the requirements for ESAA operations
to the conventional Ka-band is discussed further in the section on
Ka-band ESIM rules.
---------------------------------------------------------------------------
First, Sec. 25.227(a)(12) provides that ESAA applicants that
comply with the established off-axis EIRP spectral-density limits may
request Permitted List authority. We adopt the proposal to eliminate
this rule section because this flexibility is already provided to
applicants by Sec. 25.115(k)(1).\88\
---------------------------------------------------------------------------
\88\ NPRM, 32 FCC Rcd at 4250, para. 40.
---------------------------------------------------------------------------
Next, we adopt the proposal to keep the requirement that is
currently in Sec. 25.227(a)(14) and move it into Sec.
25.228(g)(2).\89\ This requirement states that all ESAA terminals
operating in U.S. airspace, whether on U.S.-registered civil aircraft
or non-U.S.-registered civil aircraft, must be licensed by the
Commission. It further states that all ESAA terminals on U.S.-
registered civil aircraft operating outside of U.S. airspace must be
licensed by the Commission, except as provided by section 303(t) of the
Communications Act.\90\ We also adopt the proposal to extend this
requirement to apply to all Ka-band ESAA terminals.
---------------------------------------------------------------------------
\89\ NPRM, 32 FCC Rcd at 4250-51, para. 41.
\90\ 47 U.S.C. 303(t).
---------------------------------------------------------------------------
Section 25.227(a)(15) states that for ESAA systems operating over
international waters, ESAA operators will certify that their target
space station operators have confirmed that proposed ESAA operations
are within coordinated parameters for adjacent satellites up to 6
degrees away on the geostationary arc. In the ESIMs NPRM, the
Commission pointed out that the provisions of Sec. Sec. 25.140 and
25.220, which apply to U.S. satellites and earth stations, and Sec.
25.137, which also applies to foreign-licensed points of communication,
make Sec. 25.227(a)(15) redundant.\91\ As such, we eliminate this
redundancy deleting this section and not bringing this requirement into
the ESIM rule section.
---------------------------------------------------------------------------
\91\ NPRM, 32 FCC Rcd at 4251, para. 42.
---------------------------------------------------------------------------
Finally, we adopt the proposal to move the requirements of Sec.
25.227(a)(16) to new Sec. 25.228(g)(3), with a minor revision to make
the requirement clearly imperative.\92\ Specifically, the provision
requires that prior to operations within the foreign nation's airspace,
the ESAA operator must ascertain whether the relevant administration
has operations that could be affected by ESAA terminals, and must
determine whether that administration has adopted specific requirements
concerning ESAA operations. Further, in moving these requirements to
Sec. 25.228(g)(3), we extend the existing requirement to apply to Ka-
band ESAA operators. Inmarsat argues that the provision in paragraph
(g) of Sec. 25.228 that states that an ESAA terminal in foreign
airspace must operate under the Commission's rules or those of the
foreign operator, whichever are more constraining, should be
eliminated.\93\ We disagree. The Commission's rules are designed, inter
alia, to protect adjacent satellites spaced two degrees apart from
interference from earth stations communicating with other satellites.
In some cases, the satellites protected from interference by these
rules are U.S.-licensed satellites serving foreign territory, where the
relevant administrations may not have comparable rules.
---------------------------------------------------------------------------
\92\ NPRM, 32 FCC Rcd at 4251, para. 43.
\93\ Inmarsat Comments at 7.
---------------------------------------------------------------------------
Frequency-Band Specific Status and Coordination Rules
As proposed in the NPRM and described in detail below, while moving
the ESIM technical and operational requirements into a unified rule
section, we eliminate redundancies and harmonize language whenever
possible. In the separate ESIM sections, there are frequency-band
specific rules for ESVs, VMESs and ESAAs in the conventional and
extended Ku-bands.\94\ The Commission proposed to eliminate some of
these requirements, which were redundant with other provisions in part
25.\95\ The specific changes are explained below. We retain the
provisions in paragraphs (c) and (d) of Sec. Sec. 25.222, 25.226, and
25.227 which were not redundant and are now included in Sec. 25.228.
---------------------------------------------------------------------------
\94\ Under the adopted Sec. 25.228, there are Commission rules
for ESIMs operation in four bands: The conventional C-band and the
conventional and extended Ku-bands and conventional Ka-band.
\95\ NPRM, 32 FCC Rcd at 4251, para. 44.
---------------------------------------------------------------------------
Specifically, we eliminate the provision included in both
Sec. Sec. 25.226(a)(8) and 25.227(a)(8), because this provision is
redundant with the one in Sec. 25.209(c)(1). This requirement provides
that in the relevant bands,\96\ VMES and ESAA terminals receive
protection from interference caused by space stations other than the
target space station only to the degree to which harmful interference
would not be expected to be caused to a hypothetical earth station
employing an
[[Page 53636]]
antenna conforming to the reference patterns defined in Sec. 25.209(a)
and (b) and stationary at the location at which any interference
occurred.
---------------------------------------------------------------------------
\96\ Specifically, VMES terminal receiving in the 10.95-11.2 GHz
(space-to-Earth), 11.45-11.7 GHz (space-to-Earth) and 11.7-12.2 GHz
(space-to-Earth) bands, and ESAA terminal receiving in the 11.7-12.2
GHz (space-to-Earth) bands do not receive protection from
interference.
---------------------------------------------------------------------------
Similarly, we eliminate the provision in Sec. Sec. 25.222(a)(8),
25.226(a)(7) and 25.227(a)(7), which are redundant with new footnote
NG527A to Sec. 2.106 of the Commission's rules.\97\ This footnote
states that in the 10.95-11.2 GHz (space-to-Earth) and 11.45-11.7 GHz
(space-to-Earth) frequency bands ESVs, VMESs and ESAAs must not claim
protection from transmissions of non-Federal stations in the fixed
service.
---------------------------------------------------------------------------
\97\ As noted above, we are moving the relevant text to NG527A
from NG52 for organizational purposes.
---------------------------------------------------------------------------
Finally, the Commission noted in the ESIMs NPRM that there are two
sets of coordination requirements for Ku-band ESIMs, which are
contained in paragraphs (c) and (d) of Sec. Sec. 25.222, 25.226 and
25.227.\98\ Paragraphs (c) in these rule sections address the
coordination requirements related to the protection of the NASA
Tracking and Data Relay Satellite System (TDRSS) in the 14.0-14.2 GHz
frequency band. Paragraphs (d) address coordination requirements
designed to protect the Radio Astronomy Service (RAS) in the 14.47-14.5
GHz frequency band. Paragraphs (c), as well as paragraphs (d), in
different rule sections, while covering the same frequency bands and
coordination requirements to protect TDRSS or RAS operations, as
applicable, are worded slightly differently in each rule section. We
move these requirements to Sec. 25.228(j), with non-substantive word
changes to harmonize the language for the requirements.\99\
---------------------------------------------------------------------------
\98\ NPRM, 32 FCC Rcd at 4252, para. 47.
\99\ 47 CFR 25.228(j).
---------------------------------------------------------------------------
Vehicle-Type Specific Rules Applicable to a Single Frequency Band
Part 25 includes rules that are particular to the type of ESIM in a
specific frequency band. For example, C-band ESVs and Ku-band ESAAs
have requirements that are unique to the combination of type of earth
station and the particular frequency band in which it operates. The
Commission has never licensed C-band VMES and ESAA terminals, and did
not propose to adopt rules for these terminals in this proceeding.
C-band ESV Specific Requirements. The Commission proposed to retain
and move several requirements that are unique to ESVs operating in the
C-band to Sec. 25.228(h).\100\ Specifically, this proposal covered the
provisions in paragraphs (a)(8), (a)(9), (a)(10), (a)(12), and (a)(13)
of Sec. 25.221 as written. No commenter addressed this proposal, and
we have relocated these provisions to Sec. 25.228 without changing the
terms, as proposed.\101\
---------------------------------------------------------------------------
\100\ NPRM, 32 FCC Rcd at 4252-53, para. 49-50. The Commission
has an open proceeding exploring additional uses of ``mid-band
spectrum,'' including the 3700-4200 MHz portion of the C-band. See
Expanding Flexible Use in Mid-Band Spectrum Between 3.7 and 24 GHz,
Notice of Inquiry, 32 FCC Rcd 6373 (2017); Expanding Flexible Use of
the 3.7-4.2 GHz Band, Order and Notice of Proposed Rulemaking, FCC
18-91 (rel. July 13, 2018) (Mid-band Proceeding). Operation of ESIMs
will be subject to any changes to the Commission's rules made as a
result of Commission action in the Mid-Band Proceeding.
\101\ Section 25.228(h).
---------------------------------------------------------------------------
As noted in the ESIMs NPRM, rules were adopted in the 2005 ESV
Order to protect FS and FSS providers in the C-band while providing
maximum flexibility to ESV operators.\102\ Specifically, Section
25.221(a)(11) stated that ESVs while in motion do not receive
interference protection from either terrestrial licensees or
satellites. The Commission proposed to limit this provision only to
terrestrial licensees. This updated provision is moved to Sec.
25.228(h)(4). No commenters object to the proposal, which we adopt, to
amend the second sentence of Non-Federal Government footnote NG180 of
Sec. 2.106 consistent with this change. As noted above, this amended
footnote is combined with NG181 and moved to NG457A for better
organization and consistency.\103\
---------------------------------------------------------------------------
\102\ NPRM, 32 FCC Rcd at 4252, fn 52.
\103\ See Appendix B--Final Rules.
---------------------------------------------------------------------------
Ku-Band ESAA Specific Requirements. Section 25.227(a)(13) contains
specific requirements for Ku-band ESAA providers operating in
international airspace within line-of-sight of the territory of a
foreign administration.\104\ These requirements are moved to Sec.
25.228(i), with non-substantive word changes to harmonize the language
to that of Sec. 25.228.
---------------------------------------------------------------------------
\104\ 47 CFR 25.227(a)(13).
---------------------------------------------------------------------------
Technical and Operational Requirements for Ka-band ESIMs
The Commission did not propose any specific technical or
operational requirements for ESVs, VMESs, or ESAAs operating in the
conventional Ka-band. The Commission stated that such ESIMs would be
authorized subject to the requirements in Sec. 25.115(n), which
includes the requirement to comply with the earth station off-axis EIRP
density limits in new Sec. 25.218(i), unless the ESIM operations are
coordinated under Sec. 25.220.\105\ This is similar to the blanket-
licensing provisions for conventional Ka-band earth stations in Sec.
25.138. The Commission proposed that conventional Ka-band ESVs would be
required to comply with the requirements in new Sec. 25.228(e),
conventional Ka-band VMESs would be required to comply with the
requirement in new Sec. 25.228(f), and conventional Ka-band ESAAs
would be required to comply with the requirements in new Sec.
25.228(g). The Commission sought comment on any additional provisions
that should be adopted for the operation of ESVs, VMESs, or ESAAs in
the conventional Ka-band, such as minimum separation distances to
protect the fixed and mobile services from ESV emissions, and/or power
flux-density limits to protect the fixed and mobile services from ESAA
emissions.\106\
---------------------------------------------------------------------------
\105\ NPRM, 32 FCC Rcd at 4253, para. 52.
\106\ Id.
---------------------------------------------------------------------------
The Commission also proposed to amend an existing footnote to the
Table of Allocations to recognize the operation of ESIMs as an
application of the FSS with primary status in the conventional Ka-
band.\107\ The Commission sought comment on its belief that ESIMs
operating in the conventional Ka-band in accordance with its proposed
rules would not pose more of a risk of interference to, nor require
more interference protection from, other radiocommunication systems
than other earth stations operating in the frequency band on a primary
basis today.\108\ The Commission has taken similar steps to clarify the
primary status of C-band and Ku-band ESIMs.\109\ Specifically, the
Commission proposed to amend footnote NG55, which authorizes ESV, VMES,
and ESAA use in the Ku-band, to include a portion of the Ka-band and to
use the term ``ESIMs.'' \110\ With the exception of the areas discussed
below in the bands, 18.6-18.8 GHz, 29.25-29.3 GHz and 28.35-28.6,
commenters generally supported these proposed changes.
---------------------------------------------------------------------------
\107\ NPRM, 32 FCC Rcd at 4253, para. 53.
\108\ As stated in the NPRM, the Commission already blanket
licenses ubiquitously-deployed fixed earth stations in the
conventional Ka-band under Sec. 25.138; under the proposed rules
ESIMs would have to comply with regulations designed to ensure that
they do not cause more interference than fixed earth stations. Id.
at 4253, fn 54.
\109\ See, e.g., 47 CFR 2.106, footnotes NG55, NG180, and NG181.
As noted above, for better organization, NG180 and NG181 are now
combined into NG457A.
\110\ See NPRM, 32 FCC Rcd at 4253, para. 53.
---------------------------------------------------------------------------
29.25-29.3 GHz Band. In the 29.25-29.5 GHz band, GSO FSS operations
and feeder links for the NGSO Mobile Satellite Service (MSS systems)
are designated for co-primary usage. Iridium operates feeder links for
its NGSO MSS system in the 29.1-29.3
[[Page 53637]]
GHz band.\111\ Iridium urges the Commission not to authorize ESIMs
operations in the 29.25-29.3 GHz band that is shared with Iridium
feeder links.\112\ Iridium claims that the addition of ESIM operations
with GSO FSS space stations in this band segment ``would create an
impractically complex sharing environment'' with its NGSO-MSS feeder
link operations.\113\ Iridium also argues that the satellite industry
has not developed a method for determining appropriate exclusion zones
around Iridium feeder-link earth stations, outside of which ESIM
operations in the band segment will not cause harmful interference to
Iridium satellite reception of feeder link uplink transmissions.\114\
Iridium has three such feeder-link earth stations in the United States
that are currently authorized to operate in the 29.25-29.3 GHz band:
One in Tempe, Arizona; one in Fairbanks, Alaska; and one in Wahiawa,
Hawaii.\115\
---------------------------------------------------------------------------
\111\ Iridium Satellite LLC, IBFS File No. SES-MOD-20060907-
01680 (granted Mar. 29, 2007).
\112\ Iridium Comments at 1-2. Iridium has since acknowledged
that the Commission could allow ESVs and VMES in the band but
requests that the Commission defer consideration of ESAAs operating
in 29.25-29.3 GHz. Letters from Scott Blake Harris, Counsel to
Iridium Communications, Inc. to Marlene H. Dortch, Secretary,
Federal Communications Commission at 2 (filed Sept. 12, 2018)
(Iridium Sept. 12 Ex Parte Letters); Letter from Robert M. McDowell,
Counsel to Iridium Communications, Inc. to Marlene H. Dortch,
Secretary, Federal Communications Commission at 1 (filed Sept. 19,
2018) (Iridium Sept. 19 Javed Ex Parte Letter) and Letter from Scott
Blake Harris, Counsel to Iridium Communications, Inc. to Marlene H.
Dortch, Secretary, Federal Communications Commission at 2 (filed
Sept. 20, 2018) (Iridium Sept. 20 Bender Ex Parte Letter) In
response to Iridium's new proposal, Inmarsat, ViaSat and SES assert
that there is no material difference in the potential impact from an
aeronautical ESIM and other ESIMs on the ground. Letter from Jack
Wengryniuk VP, Regulatory and Market Access Inmarsat, Inc.,
Christopher J. Murphy Associate General Counsel, Regulatory Affairs
and Daryl T. Hunter Chief Technical Officer, Regulatory Affairs
ViaSat, Inc., and Petra A. Vorwig Senior Legal and Regulatory
Counsel SES Americom, Inc., to Marlene H. Dortch, Secretary, Federal
Communications Commission (filed Sept. 18, 2018) (ESIM Operators
Sept. 18 Joint Ex Parte Letter). See also Letter from John P. Janka
and Elizabeth R. Park, Counsel to ViaSat, Inc. to Marlene H. Dortch,
Secretary, Federal Communications Commission (filed Sept. 21, 2018)
(ViaSat Sept. 21 Ex Parte Letter).
\113\ Letter from Scott Blake Harris, Counsel to Iridium
Communications, Inc. to Marlene H. Dortch, Secretary, Federal
Communications Commission, at 1 (filed Sept. 25, 2017) (Iridium
September 25, 2017 Ex Parte Letter).
\114\ Id.
\115\ These earth stations are licensed by the Commission under
call signs E960131 (Tempe, AZ), E050282 and E060300 (Fairbanks, AK),
which are licensed to Iridium, and E980049 (Wahiawa, HI), which is
licensed to General Dynamics Satellite Communication Services, LLC.
---------------------------------------------------------------------------
In response to Iridium's proposal to bar ESIM operations in the
29.25-29.3 GHz band, Inmarsat and ViaSat provided technical analyses of
ESIM interference into Iridium feeder links that propose other
approaches ESIM operators could take to coexist with Iridium in the
subject band.\116\ These analyses are designed to demonstrate how ESIMs
transmitting in the 29.25-29.3 GHz band would not exceed the Iridium
feeder link interference protection criteria even while operating in
the vicinity of Iridium feeder link earth stations. ViaSat's analysis
considers six ESAAs operating at distances of 0 and 100 kilometers from
an Iridium feeder link earth station, and claims that the carrier-to-
interference ratio of the Iridium feeder link signal is more than 30 dB
for all but 0.0001 percent of the time.\117\ Inmarsat's analysis
computes an exclusion zone around an Iridium feeder link earth station
within which ESIMs would not be allowed to operate in the 29.25-29.3
GHz band in order to avoid causing unacceptable interference to
Iridium's feeder links.\118\ Iridium challenged the analyses conducted
by ViaSat and Inmarsat, claiming that some of the underlying
assumptions are incorrect, and insisted that ESIM operation in the
29.25-29.3 GHz frequency band should not be allowed.\119\ In response,
ViaSat refined its analysis referred to in the Inmarsat and ViaSat Nov.
6 Ex Parte Letter, and claimed that, even under more conservative
assumptions, no unacceptable interference would be caused to Iridium
feeder links.\120\ Similarly, Inmarsat opposed Iridium's arguments and
insisted that its previous analysis was valid and even
conservative.\121\
---------------------------------------------------------------------------
\116\ Letter from M. Ethan Lucarelli, Director, Regulatory and
Public Policy, and Giselle Creeser, Director, Regulatory, Inmarsat,
Inc., and John P. Janka and Elizabeth R. Park, Counsel to ViaSat,
Inc. to Marlene H. Dortch, Secretary, Federal Communications
Commission (filed Nov. 6, 2017) (Inmarsat and ViaSat Nov. 6 Ex Parte
Letter).
\117\ Id.
\118\ Id.
\119\ Letter from Scott Blake Harris, Counsel to Iridium
Communications, Inc. to Marlene H. Dortch, Secretary, Federal
Communications Commission (filed Jan. 18, 2018) (Iridium Jan. 18 Ex
Parte Letter).
\120\ Letter from John P. Janka and Elizabeth R. Park, Counsel
to ViaSat, Inc. to Marlene H. Dortch, Secretary, Federal
Communications Commission (filed Feb. 5, 2018) (ViaSat Feb. 5 Ex
Parte Letter).
\121\ Letter from Giselle G. Creeser, Director, Regulatory,
Inmarsat to Marlene H. Dortch, Secretary, Federal Communications
Commission (filed Feb. 16, 2018) (Inmarsat Feb. 16 Ex Parte Letter).
---------------------------------------------------------------------------
Subsequently, Iridium argued that the 50 megahertz under discussion
between 29.25-29.3 GHz corresponded only to 5% of the total 2,000
megahertz of the conventional Ka-band spectrum where ESIM operation
would be allowed and repeated its argument ``that the satellite
industry has been unable to develop a method for coordinating NGSO
feeder-links and ESIMs.'' \122\ In response, ViaSat argued that
channels commonly used to provide broadband service to aircraft have
bandwidths of 80, 160 or 320 megahertz, and that a prohibition on using
the 50 megahertz in 29.25-29.3 GHz would therefore have a
disproportionate impact on the capacity of the satellite network.\123\
In other words, according to ViaSat, decreasing the amount of spectrum
available from 750 megahertz (in a 29.25-30 GHz band) to 700 megahertz
(in a 29.3-30 GHz band) would preclude deployment of, for instance, a
network that relies on two 320 megahertz channels and one 80 megahertz
channel. Thus, ViaSat argues, the impact of not being able to use the
band 29.25-29.3 GHz could be greater than simply reducing available
spectrum by 50 megahertz, but could actually prevent providers from
making full use of the conventional Ka-band. Later filings from Iridium
and ViaSat further elaborated on their prior arguments.\124\
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\122\ Letter from Scott Blake Harris, Counsel to Iridium
Communications, Inc. to Marlene H. Dortch, Secretary, Federal
Communications Commission (filed Mar. 22, 2018) (Iridium Mar. 22 Ex
Parte Letter).
\123\ Letter from John P. Janka and Elizabeth R. Park, Counsel
to ViaSat, Inc. to Marlene H. Dortch, Secretary, Federal
Communications Commission (filed Mar. 26, 2018) (ViaSat Mar. 26 Ex
Parte Letter).
\124\ Letter from Scott Blake Harris, Counsel to Iridium
Communications, Inc. to Marlene H. Dortch, Secretary, Federal
Communications Commission (filed Apr. 11, 2018) (Iridium Apr. 11 Ex
Parte Letter); Letter from John P. Janka and Elizabeth R. Park,
Counsel to ViaSat, Inc. to Marlene H. Dortch, Secretary, Federal
Communications Commission (filed Apr. 26, 2018) (ViaSat Apr. 6 Ex
Parte Letter); Letter from Scott Blake Harris, Counsel to Iridium
Communications, Inc. to Marlene H. Dortch, Secretary, Federal
Communications Commission (filed Jun. 28, 2018); Letter from John P.
Janka and Elizabeth R. Park, Counsel to ViaSat, Inc. to Marlene H.
Dortch, Secretary, Federal Communications Commission (filed Aug. 29,
2018) (ViaSat Aug. 29 Ex Parte Letter); Iridium Sept. 12 Ex Parte
Letters; ESIM Operators Sept. 18 Joint Ex Parte Letter; Iridium
Sept. 19 Javed Ex Parte Letter and Iridium Sept. 20 Bender Ex Parte
Letter.
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As an initial matter, coordination is required between GSO FSS and
feeder links to MSS space stations that have co-primary status in the
frequency band 29.25-29.3 GHz.\125\ The Commission has previously
stated that NGSO MSS applicants bear the burden of showing
[[Page 53638]]
that a new NGSO MSS feeder-link facility can share with uplinks to GSO
FSS space stations.\126\ The Commission is committed to being as
spectrally efficient as possible, and has stressed that NGSO MSS uplink
applicants must demonstrate that coordination with GSO FSS operation in
the 29.25-29.3 GHz band is feasible, as required by paragraph (c) of
Sec. 25.258.\127\ Based on the record before us, we do not believe
that it is necessary to establish exclusion zones in order to protect
Iridium space station feeder link reception. Iridium has previously
acknowledged that the 29.25-29.3 GHz band is shared with GSO FSS
networks.\128\ Moreover, in a subsequent grant modifying Iridium's
license, the International Bureau clearly restated Iridium's co-primary
status with respect to GSO FSS networks.\129\ Iridium questions the
feasibility of implementing exclusion zones in which ESIMs must not
operate in the 29.25-29.3 GHz band as a method of protecting Iridium
feeder links. Instead, we observe that the current coordination
provisions of Sec. 25.258(a) of our rules would require ESIM
operations in 29.25-29.3 GHz, like those of any other GSO FSS earth
stations operating in the band, to engage in coordination with
Iridium.\130\
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\125\ While allocation of a given frequency band to a particular
service on a ``primary'' basis entitles that service to protection
against harmful interference from stations of a ``secondary''
service, ``co-primary'' services such as the NGSO MSS and GSO FSS in
the 29.25-29.5 GHz band share that band on an equal basis and may
not cause harmful interference to each other. See 47 CFR 2.104(d),
2.105(c).
\126\ Rulemaking to Amend Parts 1, 2, 21, and 25 of the
Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band,
to Reallocate the 29.5-30 GHz Frequency Band, to Establish Rules and
Policies for Local Multipoint Distribution Service and for Fixed
Satellite Service, First Report and Order, 11 FCC Rcd 19005, 19024,
para. 42 (1996). In designating the 29.25-29.5 GHz bands for feeder
links for NGSO MSS systems and GSO FSS uplinks, the Commission
adopted specific provisions for licensing and coordination of NGSO
MSS feeder links in the 29.25-29.5 GHz band. See 47 CFR 25.258
(``Operators of NGSO MSS feeder link earth stations and GSO FSS
earth stations in the band 29.25 to 29.5 GHz where both services
have a co-primary allocation shall cooperate fully in order to
coordinate their systems'').
\127\ Rulemaking to Amend Parts 1, 2, 21, and 25 of the
Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band,
to Reallocate the 29.5-30 GHz Frequency Band, to Establish Rules and
Policies for Local Multipoint Distribution Service and for Fixed
Satellite Service, Memorandum Opinion and Order, 16 FCC Rcd. 11436,
11438-39, para. 7 (2001).
\128\ Opposition of Iridium Constellation LLC, IBFS File No.
SAT-MOD-20120813-00128 (filed Oct. 19, 2013), at 1 (stating that the
modification Iridium seeks ``will not require additional bandwidth
in the 29.25-29.3 GHz band shared with GSO FSS networks such as
Hughes'').
\129\ See Iridium Constellation LLC, Application for
Modification of License to Authorize a Second-Generation NGSO MSS
Constellation, 31 FCC Rcd 8675, 8676, para. 3 (``Iridium shares the
29.25-29.3 GHz feeder uplink band on a co-primary basis with
geostationary-satellite orbit (GSO) space stations in the fixed-
satellite service (FSS).'').
\130\ See also 47 CFR 25.203(h).
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We find that coordination under Sec. 25.258(a) will provide
Iridium with sufficient interference protection. For example, ESIMs may
seek to protect Iridium feeder link reception by not transmitting in
the 29.25-29.3 GHz band when the transmission from the ESIM would pass
through the region in space in which an Iridium satellite could be
present at an elevation angle of five degrees or higher \131\ as viewed
from any Iridium feeder link earth station transmitting in the
band,\132\ and such transmission would exceed the interference
protection criteria of the Iridium space station feeder link receiver.
An ESIM could calculate when this would occur if it was programmed with
the location of all of the Iridium feeder link earth stations in the
band.\133\ More specifically, with this information programmed into an
ESIM, along with the information and skills that an ESIM operator
already possesses in order to correctly point its antenna (i.e., its
own location, the location of the target GSO FSS space station, and the
requisite computing ability), the ESIM operator could determine with
sufficient precision when to cut off transmissions in order to comply
with these interference protection criteria.\134\ Moreover, this
mechanism responds to a worst-case Iridium protection scenario. In a
less than worst case scenario, an ESIM would only need to avoid
transmitting in the 29.25-29.3 GHz band when its transmitted signal
would exceed the Iridium satellite interference protection criteria at
the actual location of any Iridium satellite that is within the region
in space described above, which presents more limited circumstances. If
the ESIM could calculate the precise locations of the Iridium
satellites in real time, rather than simply the region in space where
the Iridium satellite could be present, it would only need to avoid
transmitting in the band when its antenna beam would pass sufficiently
near the specific Iridium satellite location as to interfere with
Iridium satellite reception.\135\ While this is a more burdensome
calculation for the ESIM to perform and requires the transmission of
information about the Iridium satellite orbits, it would afford the
ESIM more opportunities to transmit in the 29.25-29.3 GHz band than the
worst-case approach described above, if the ESIM licensee chose to
implement it. While the Commission acknowledges these potential methods
for accomplishing coordination as plausible options, the Commission
does not specifically endorse either method, and ESIMs operators and
Iridium are free to explore other coordination mechanisms.\136\ If
either ESIM operators or Iridium have concerns that coordination is not
proceeding in good faith, or fail to come to an agreement, the matter
can be brought to the attention of the Commission.
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\131\ We choose that elevation angle to be five degrees or
higher as viewed from any Iridium feeder link earth station
transmitting in the band noting that the Iridium feeder link earth
stations in the 29.25-29.3 GHz band are authorized to communicate
with Iridium space stations only when the Iridium satellites are at
an elevation angle of five degrees or more above the local
horizontal plane, as viewed from the earth station. See, e.g.
Iridium Satellite LLC, IBFS File No. SES-MOD-20060907-01680 (granted
Mar. 29, 2007).
\132\ The region in space in which an Iridium satellite could be
present at an elevation angle of five degrees or higher as viewed
from a particular Iridium feeder link earth station is a segment of
the surface of a sphere, or ``cap,'' at the altitude of the Iridium
satellites, which is approximately 780 kilometers. The size of this
cap is such that the arc length from the point directly above the
Iridium feeder link earth station to the edge of the cap is
approximately 2800 kilometers. The interference threshold is
calculated assuming a worst-case situation in which the Iridium
space station receiving antenna has maximum gain towards the ESIM
location.
\133\ This information could be programmed into the ESIM
software and updated as necessary by the ESIM's Network Control and
Monitoring Center (NCMC).
\134\ The calculations could take place in two steps. The first
step would be to identify the point (point A) at which the direction
of an ESIM transmission capable of causing interference intersects a
sphere that is centered on the center of the Earth and having a
radius equal to the radius of the Earth plus the altitude of the
Iridium satellites. The second step would be to determine whether
the distance from point A to the point on the same sphere (point B)
that is directly over the Iridium feeder link earth station is less
than approximately 2800 kilometers in arc length. As mentioned
supra, 2800 kilometers is the arc length from point B to the
boundary on the sphere beyond which the Iridium satellites are below
five degrees elevation angle as viewed from the feeder link earth
station. If the distance between points A and B is less than 2800
kilometers, the ESIM emission could interfere with reception of the
Iridium feeder uplink by an Iridium satellite located at point A.
\135\ The ESIM operator's Network Control and Monitoring Center
(NCMC) could periodically transmit the ephemeris data of the Iridium
satellites to the ESIMs in the network to enable each ESIM to
accurately calculate the locations of the Iridium satellites.
Alternatively, it could transmit other data describing the Iridium
satellite orbits that would reduce the computational load on the
ESIMs.
\136\ Iridium recommends that the Commission require ESIMs to
comply with this specific coordination mechanism. Iridium Sept. 12
Ex Parte Letters at 2; Sept. 18 Javed Ex Parte Letter at 2, and
Iridium Sept. 20 Bender Ex Parte Letter at 2. While Inmarsat, ViaSat
and SES, urge the Commission to maintain flexibility with respect to
possible coordination mechanisms. ESIM Operators Sept. 18 Joint Ex
Parte Letter at 3. See also ViaSat Sept. 21 Ex Parte Letter.
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We recognize that coordination between ESIMs and NGSO space
stations is more complex than coordination in static situations.
However, as described in the paragraph above, we are of the view that
coordination is feasible. In addition, any concerns about aggregate
effect for
[[Page 53639]]
interference generated by large numbers of ESIMs can be addressed
during coordination.\137\ Finally, we encourage the parties to act in
good faith, consistent with our overall goal of promoting efficient use
of spectrum.
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\137\ With respect to long term interference, only one ESIM will
be transmitting to a satellite receive beam in the same frequency
band and polarization at any given time. With respect to short term
interference, no ``time aggregation'' occurs if no ESIM is allowed
to ever exceed the acceptable interference level associated with
small percentages of time. See also ViaSat Aug. 29 Ex Parte Letter.
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Iridium asserts that ``coordination with blanket-licensed fixed
terminals has hardly been common, has been challenging to the limited
extent that it has occurred, becomes increasingly complex with each
additional system, and would make sharing with ESIMs even more
difficult.'' \138\ However, the Commission has already granted blanket
licenses for over five million earth stations to operate in the 29.25-
29.3 GHz band, each of which was required, pursuant to Sec. 25.258 of
our rules, to coordinate with Iridium.\139\ These earth stations are
not individually licensed and can be ubiquitously deployed. We are not
persuaded that the relatively small increase in total number of earth
stations licensed in the band that we expect will result from
authorizing ESIM operations will lead to a significant increase in the
use of the 29.25-29.3 GHz band, or will make coordination exceedingly
difficult.\140\ Moreover, while interference into the Iridium feeder
link receivers depends in part upon the number of simultaneously
transmitting earth stations in the band, this number is determined
primarily by the number of uplink spot beams on each GSO FSS satellite,
not by the number of authorized earth stations. Thus, we will permit
ESIMs to operate within the FSS in the 29.25-29.3 GHz band on a co-
primary basis, and without protection zones for MSS feeder link
operations.\141\
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\138\ Iridium Sept. 25, 2017 Ex Parte Letter at 2.
\139\ See, e.g., HNS License Sub, LLC, Satellite Policy Branch
Information: Action Taken, Public Notice, Report No. SAT-00905 (rel.
Feb. 28, 2007) (IBFS File No. SES-LIC-20061226-02232).
\140\ Compared to the small consumer earth stations with fixed
antennas sold for satellite broadband access by companies such as
Hughes Network Systems and ViaSat, ESIMs are several times more
expensive, because they need a tracking antenna, and are therefore
unlikely to be deployed in quantities remotely approaching the
quantities in which those consumer earth stations have been and will
continue to be deployed.
\141\ Iridium also questions whether ESIMs should be recognized
as an application of the FSS in the 29.25-29.3 GHz band. Iridium
Sept. 12 Ex Parte Letter at 3 and Iridium Sept. 12 Bender Ex Parte
Letter at 3. ESIMs are currently operating in several frequency
bands where they have been treated as applications of the FSS (see
NG55, NG180, NG 181) and have been able to do so maintaining the
same interference environment created by the operation of fixed
earth stations. Operation of ESIMs in the band 29.25-29.3 GHz is not
any different than the operation in these other frequency bands.
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With respect to the conditions for authorizing operations in this
band, SES Americom and its affiliate O3b, ViaSat and Inmarsat
``recommend that the Commission adopt a policy statement acknowledging
that it can license ESIM operations . . . where an ESIM applicant
demonstrates that its operations will not have a significant impact on
Iridium's licensed and actual feeder link operations.'' \142\ We
decline to adopt such an approach, as the coordination requirement that
currently applies to the operation of fixed earth stations is also
applicable to ESIM operations. Therefore, as provided above, ESIM
operations in 29.25-29.3 GHz will be subject to coordination with
Iridium, under Sec. 25.258(a) of our rules, just like those of any
other GSO FSS earth stations operating in the band.\143\ Because GSO
FSS uplinks are co-primary with NGSO MSS feeder link uplinks in the
29.25-29.3 GHz band, we expect both Iridium and the licensees of ESIM
operations to coordinate with each other in good faith.
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\142\ SES, O3b, Inmarsat, ViaSat Ex Parte Letter (filed Apr. 3,
2018).
\143\ See also 47 CFR 25.203(h).
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ESIMs in the 28.35-28.6 GHz Band. In the NPRM, the Commission also
asked for comment on any possible effects that these proposed rules may
have on existing or future services in adjacent frequency bands, such
as the UMFUS operations in the 27.5-28.35 GHz bands.\144\ CTIA asserts
that the Commission needs to ensure that adjacent terrestrial systems
are protected from interference and that we confirm that ESIM out of
band emission limits are governed by Sec. 25.202(f).\145\ The Global
Mobile Suppliers Association (GSA) presented an analyses of
interference caused by ESIM transmissions in the 28.35-28.6 GHz band
into mobile service (MS) receivers operating below 28.35 GHz. GSA
analyzed potential interference from ESIMs into MS receivers for all
three types of ESIMs (VMES, ESV, and ESAA) for scenarios in which the
ESIM is stationary and in motion, at various separation distances.\146\
GSA acknowledged that some of its assumptions result in worst-case
interference scenarios.\147\ GSA computed both the interference-to-
noise ratio at the MS receivers and the combined frequency dependent
rejection required by the combined ESIM transmitters and MS receivers
to mitigate the interference. GSA states its calculations show that
adjacent band interference above the limits it deems acceptable would
occur in many of the scenarios it analyzed. In a later submission, GSA
questioned the modeling used in the ViaSat analysis.\148\
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\144\ NPRM, 32 FCC Rcd at 4254, para 55.
\145\ CTIA Reply Comments at 2 and 4.
\146\ GSA Reply Comments at 2.
\147\ GSA Reply Comments at 4.
\148\ Letter from Reza Arefi, Chair, GSA Spectrum Group for
North American Region, to Marlene H. Dortch, Secretary, Federal
Communications Commission (filed June 11, 1018) (GSA June 11 Ex
Parte Letter).
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ViaSat characterized GSA's analysis as ``a static analysis that was
based on unrealistic worst-case assumptions and modeling'' and claimed
that it would be preferable to rely on ``a statistical approach
including Monte Carlo simulations and dynamic movement of stations,
both 5G and ESIM, as well as realistic emission mask data for the
ESIM.'' \149\ According to ViaSat's analysis, ``an earth station in
motion (ESIM) operating at the lower end of the 28.35-28.6 GHz band
with emissions complying with the FCC's 25.202(f) out-of-band emissions
(OOBE) mask does not cause unacceptable interference to 5G systems
operating at the upper edge of the adjacent 27.5-28.35 GHz band.''
ViaSat further states that ``GSA's reliance on a deterministic method,
rather than dynamic scenarios, is contrary to the approach supported by
its own members.'' \150\
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\149\ ViaSat Mar. 26 Ex Parte Letter.
\150\ Id. at 2. In a later submission, ViaSat addresses GSA's
June 11 Ex Parte Letter. See Letter from John P. Janka and Elizabeth
R. Park, Counsel to ViaSat, Inc. to Marlene H. Dortch, Secretary,
Federal Communications Commission (filed Aug. 29, 2018) (ViaSat Aug.
29 GSA Ex Parte Letter).
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We do not express a view here about the relative merits of a
deterministic and a dynamic approach. However, as noted above, the
Commission has already blanket-licensed over five million fixed earth
stations in the 28.35-28.6 GHz band, which can be ubiquitously deployed
at unspecified locations anywhere within the United States. ESIMs in
this band, like these existing fixed earth stations will be subject to
the same out-of-band emission limits in Sec. 25.202(f) of our
rules.\151\ Despite the large number of operating fixed earth stations,
no commenter has challenged the adequacy of these OOBE limits to
protect mobile services from interference from fixed earth stations.
The number of ESIMs we expect to be deployed in the 28.35-28.6 GHz band
is a smaller than the number of consumer earth stations with fixed
antennas. Moreover, as noted above, a single ESIM will be transmitting
to a satellite receive beam in the same frequency band and
[[Page 53640]]
polarization at any given time and therefore the number of interference
sources that might cause aggregation is also limited by this fact. GSA
has not made any concrete proposals for out-of-band emission limits
specific to ESIMs. Nor did the Commission propose such limits. We
therefore decline to adopt any out-of-band emission limits that would
be specifically applicable to ESIMs at this time. ESIMs must comply
with the out-of-band emission limits specified in Sec. 25.202(f).
---------------------------------------------------------------------------
\151\ 47 CFR 25.202(f).
---------------------------------------------------------------------------
18.6-18.8 GHz Bands. The National Academy of Sciences, through its
Committee on Radio Frequencies (CORF), expresses concern that ESIMs
operating in the 18.6-18.8 GHz band could cause harmful interference to
earth exploration satellite service (EESS) systems operating around
18.7 GHz.\152\ CORF suggests that ESIMs might cause interference to
EESS satellite receivers by transmitting upward toward EESS satellites
in that range.\153\ CORF also suggests that the introduction of ESIMs
could lead to increased use of the 18.6-18.8 GHz band by FSS networks
for downlink transmissions to ESIM terminals, potentially resulting in
increased reflections of satellite signals off the surface of the Earth
and into EESS satellite receivers.\154\ In its reply comments, Boeing
states that it reached out to CORF representatives to discuss possible
misunderstandings regarding the nature of operations in the 18.6-18.8
GHz band.\155\ Specifically, Boeing notes that given the fact that the
18.3-18.8 GHz band is authorized for downlink transmissions from FSS
satellites, there is no potential for ESIMs to transmit in an upward
direction in this frequency segment.\156\ Second, Boeing pointed out,
that the introduction of ESIMs in the 18.3-18.8 GHz band would not
result in additional satellite downlink transmissions in this spectrum,
it would just increase the number of fixed and mobile earth stations
that would receive those signals on Earth.\157\ Further, as Boeing
states, ``[t]he total number of FSS networks operating in the Ka-band
using geostationary satellites has been governed primarily by the
number of space stations that can successfully operate in a two-degree
spacing environment, not any limits on end user demand for such
capacity.'' \158\ We agree and will continue to be mindful of the need
to protect the interests of the passive scientific users of the radio
spectrum, including users of the Radio Astronomy Service (RAS) and EESS
bands, as observed by CORF.\159\
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\152\ CORF Comments at 6-10.
\153\ CORF Comments at 9.
\154\ Id. See also Boeing Reply Comments at 5.
\155\ Boeing Reply Comments at 5-6.
\156\ Id. at 5.
\157\ Id. at 5-6.
\158\ Id. at 6.
\159\ CORF Comments at 1.
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CORF further suggests that the Commission should clarify the proper
meaning of ``radio line of sight.'' \160\ Specifically, CORF states it
is particularly important to note that in general, the radio and
geometric horizons are different because of atmospheric
refraction.\161\ Thus, for an atmosphere having a standard refractivity
gradient, the effective radius of Earth is about four-thirds that of
the actual radius, which corresponds to approximately 8,500 km.\162\
This increases the radio horizon by about 15 percent compared to the
geometric horizon.\163\ Although we do not incorporate a definition of
``radio line of sight'' in the rules we adopt here, we note that CORF's
interpretation of radio line of sight is widely accepted.
---------------------------------------------------------------------------
\160\ CORF Comments at 5.
\161\ Id.
\162\ Id. at 5-6.
\163\ Id. at 6.
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Stratospheric Platforms. The Elefante Group asks the Commission to
ensure that its stratospheric platforms would be considered ESAA to
enable GSO satellite communications with its platforms.\164\ We note
that our ESAA definition does not set an upper limit on the altitude of
the aircraft communicating with a geostationary satellite. In addition,
setting such a limit was not proposed or addressed in this proceeding.
We therefore decline to generally state that stratospheric platforms
are included in the definition of ESAA. Proposals for using FSS
frequencies for communications between such platforms and geostationary
satellites will be examined taking into consideration their specific
characteristics.
---------------------------------------------------------------------------
\164\ Elefante Group Comments at 3. We also decline Elefante
Group's request that the term ``aircraft'' as used within the
definition of ESAA be interpreted broadly to include stratospheric
platforms. Id. at 5.
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Having addressed the concerns raised in the record regarding the
expansion of ESIMs to the conventional Ka-band frequency bands, we find
it in the public interest to adopt rule changes as proposed in the ESIM
NPRM. Accordingly, we combine footnote NG55 with the relevant portion
of NG52 into NG527A, and state: ``In the bands 11.7-12.2 GHz (space-to-
Earth), 14.0-14.5 GHz (Earth-to-space), 18.3-18.8 GHz (space-to-Earth),
19.7-20.2 GHz (space-to-Earth), 28.35-28.6 GHz (Earth-to-space), and
29.25-30.0 GHz (Earth-to-space), ESIMs may be authorized to communicate
with geostationary satellites in the fixed-satellite service on a
primary basis.'' We also amend Sec. 25.202(a)(8), (a)(10), and (a)(11)
consistent with these changes to reflect all frequency bands.\165\
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\165\ See Appendix B.
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ESIMs Application Requirements
In the ESIMs NPRM, the Commission proposed significant
reorganization of the part 25 rules governing all types of ESIMs. As
explained in the ESIMs NPRM, application requirements for FSS earth
station authorizations at fixed and temporary-fixed locations are in
Sec. 25.115. However, the earth station license application
requirements for ESVs, VMESs, and ESAAs are contained in paragraph (b)
of Sec. Sec. 25.221, 25.222, 25.226, and 25.227. The Commission
proposed to move the ESIM application requirements into Sec. 25.115
for better integration of the rules, and we adopt this proposal.
Specifically, the application requirements for a particular frequency
band for all types of ESIM platforms will be contained in paragraphs
(l) (for C-band), (m) (for Ku-band), and (n) (for Ka-band) of Section
25.115. This restructuring is globally supported by the
commenters.\166\
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\166\ AC BidCo Comments at 1; Boeing Comments at 3; Inmarsat
Comments at 2; Joint Commenters Comments at 1; ViaSat Comments at 4-
5.
---------------------------------------------------------------------------
Overview of Earth Station Licensing Rules. As explained in detail
in the ESIMs NPRM, the part 25 licensing rules for FSS earth stations
transmitting digital emissions to GSO FSS space stations provide two
main options for obtaining a license for an earth station at a fixed
location. The first option for obtaining such a license is to
demonstrate compliance (in one of two ways) with default limits on
emissions in directions other than toward the target satellite, which
are referred to as off-axis EIRP density limits.\167\ These limits were
developed to implement the Commission's GSO FSS space station two-
degree orbital spacing policy. They ensure earth station compatibility
with networks using adjacent satellites in a two-degree orbital spacing
environment by controlling the level of emissions from an earth station
that can be transmitted toward adjacent satellite orbital locations.
Under this option, there are, as indicated, two ways to show
compliance. One alternative is to demonstrate that the earth station
antenna gain pattern comports with the off-axis gain limits in Sec.
25.209, and that the antenna input power density comports with limits
in Sec. 25.212. The
[[Page 53641]]
Commission proposed to extend this option to ESIM applications. The
other alternative, already available to ESIM applicants, is to
demonstrate that the off-axis EIRP density of the earth station
emissions comports with the applicable off-axis EIRP density limits in
our ESIM rules.\168\ The second option to obtain a license is to
demonstrate that the operations of the earth stations in the satellite
network have been coordinated with operators of networks using adjacent
satellites that would be affected by emissions of the earth stations
that exceed the default off-axis EIRP density limits, under the
coordination requirements of Sec. 25.220.
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\167\ The off-axis EIRP density limits are set forth in 47 CFR
25.218 for the C- and Ku-bands and in 47 CFR 25.138 for the Ka-band.
\168\ These provisions are set forth in paragraphs (b)(1) of
Sec. Sec. 25.221, 25.222, 25.226, and 25.227.
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Commenters support the proposals that both of these licensing
mechanisms be available to ESIM operators.\169\ Regarding the
alternative of certifying compliance with the antenna pattern
specifications in Sec. 25.209 and the antenna input power density
requirements in Sec. 25.212, in addition to the current option of
showing that the Sec. 25.218 off-axis EIRP density limits are met, AC
BidCo states that there is consensus in favor of the Commission's plan
to give ESIM applicants this flexibility.\170\ As explained in more
detail below, we adopt the plan to continue to make both options for
obtaining a license available for ESIMs and revise our rules to allow
ESIM applicants to use both alternatives for showing compliance under
the first option.\171\ As discussed above,\172\ we are eliminating
antenna pointing accuracy requirements for ESIMs. Therefore, the
showings regarding antenna pointing accuracy in paragraphs (b)(1) of
Sec. Sec. 25.221, 25.222, 25.226, and 25.227 will no longer be
required. Similarly, the ESIM application showing required for
applicants proposing to meet the 0.2 degree antenna pointing accuracy
requirement in paragraphs (b)(1)(iii) of Sec. Sec. 25.221, 25.222,
25.226, and 25.227 is no longer relevant. Again, because we are
eliminating the antenna pointing accuracy requirement, the requirement
in the existing ESIM rules that an applicant proposing to operate with
a maximum pointing error greater than 0.2 degrees must declare its
maximum pointing error and show that at the maximum mispointing, the
EIRP density limits are still met, is no longer necessary. Once our new
rules go into effect, applicants will have two options to qualify for a
license: Either comply with the off-axis EIRP density limits, and
provide the information required by Sec. Sec. 25.115(l)-(n)(1), or
coordinate, and provide the information required by Sec. Sec.
25.115(l)-(n)(2). Additionally, we eliminate the pointing accuracy
certification requirements of Sec. Sec. 25.221(b)(1)(iii),
25.222(b)(1)(iii), 25.226(b)(1)(iii), and 25.227(b)(1)(iii),
subparagraphs (A) and (B). We also eliminate the maximum mispointing
declaration requirements that were in paragraphs (b)(1)(iv)(A) and the
cessation of transmissions upon mispointing demonstration requirements
in paragraphs (b)(1)(iv)(B) in Sec. Sec. 25.221, 25.222, 25.226, and
25.227.
---------------------------------------------------------------------------
\169\ AC BidCo Comments at 3; Joint Commenters Comments at 3; AC
BidCo Reply Comments at 2; ViaSat Reply Comments at 4.
\170\ AC BidCo Reply Comments at 4.
\171\ The Joint Commenters support the proposal to permit
applicants to demonstrate technical compliance by either certifying
compliance with (1) the off-axis antenna gain limits in Sec. 25.209
and the antenna input power density limits in Sec. 25.212 or (2)
the off-axis EIRP density limits set forth in Sec. 25.218. Joint
Commenters at 3. See also AC BidCo at 3.
\172\ See para. 0 supra.
---------------------------------------------------------------------------
We adopt, without commenter objection, the proposal to retain the
requirement to provide the off-axis EIRP density showing required by
Sec. Sec. 25.115(g)(1), and the coordination certifications required
by Sec. 25.220(d), for applicants that will not meet the off-axis EIRP
density limits. Paragraphs (b)(2), (b)(2)(i) and (b)(2)(ii) of
Sec. Sec. 25.221, 25.222, 25.226, and 25.227 apply to an applicant
proposing to operate with off-axis EIRP density in excess of the levels
in paragraph (a)(1)(i) or (a)(3)(i) of these sections. Such an
applicant will apply under the provisions in subparagraphs (a)(2) of
Sec. 25.115(l)-(n), which contain substantially the same requirements
for exhibits to its earth station application.
The Commission further proposed to allow ESIM applicants the option
of certifying compliance with the antenna pattern requirements of Sec.
25.209 and the antenna input power density requirements of Sec.
25.212, in lieu of the off-axis EIRP density limits in Sec.
25.218.\173\ This is not a substantive change, because the off-axis
EIRP density limits in Sec. 25.218, and those resulting from the
summing of the antenna input power density limits in Sec. 25.212 and
the antenna off-axis gain limits in Sec. 25.209 are the same as the
off-axis EIRP density limits in the individual ESIM Sec. Sec. 25.221,
25.222, 25.226, and 25.227.\174\ No commenters disagree with this
proposal.\175\ For example, the Joint Commenters note that giving
applicants the option of how to certify off-axis performance provides
regulatory flexibility without sacrificing protection from harmful
interference.\176\
---------------------------------------------------------------------------
\173\ NPRM, 32 FCC Rcd at 4254, para. 58. For completeness, we
note that cross-references in Sec. 25.212 are revised to reflect
the changes to Sec. Sec. 25.138, 25.221, 25.222, 25.226, and
25.227.
\174\ In the 2015 Second Report and Order, the Commission
adopted the same definition of [thgr] as described in the preceding
paragraph in Sec. 25.209, the off-axis antenna gain limits rule.
2015 Second Report and Order, 30 FCC Rcd 14713.
\175\ See, e.g., AC BidCo Comments at 3; Boeing Comments at 4;
Joint Commenter Comments at 3; ViaSat Comments at 8.
\176\ Joint Commenter Comments at 3.
---------------------------------------------------------------------------
Paragraphs (b)(2)(iii) and (b)(2)(iv) of Sec. Sec. 25.221, 25.222,
25.226, and 25.227 require detailed showings that each ESAA transmitter
in the system will automatically cease or reduce emissions within 100
milliseconds after generating EIRP density exceeding the applicable
limits. In the rules proposed in the ESIMs NPRM in Sec. 25.115(l)-
(n)(3)(i), the applicant would have been required to show how the
transmitter will detect exceedance of the off-axis EIRP density mask
and reduce the power of or shut down one or more transmitters within
100 milliseconds of receiving a command to do so from the system's
network control and monitoring center, if the aggregate off-axis EIRP
spectral-densities of the transmitter or transmitters exceed the
relevant off-axis EIRP spectral-density limits.
Many commenters argue against the demonstration requirement in our
proposal. For example, Inmarsat argues that such demonstration at the
application phase that would produce the necessary ``detailed
showings'' would be impractical and burdensome.\177\ Inmarsat submits
that applicants should be able to certify compliance in their
applications, just like the requirements of Sec. 25.227.\178\
Similarly, the Joint Commenters state they cannot support the proposal,
as written, to include a requirement to demonstrate how the cessation
requirement will be met.\179\ Boeing also states that it concurs with
Intelsat and Inmarsat's explanation that it would be appropriate for
the Commission to permit ESIMs applicants to certify that their earth
station terminals will comply with the Commission's shut down
requirements to ensure compliance with the off-axis power spectral
density limits, rather than require a ``demonstration'' of such
compliance.\180\ Such a certification requirement would be consistent
with the Commission's existing rules regarding antenna pointing and
cessation requirements and therefore should be adopted.\181\ Hughes
provides suggested text for
[[Page 53642]]
certification rather than demonstration.\182\
---------------------------------------------------------------------------
\177\ Inmarsat Comments at 4.
\178\ Id.
\179\ Joint Commenters at 4.
\180\ Boeing Comments at 2.
\181\ Id.
\182\ Hughes Comments at 4-5.
---------------------------------------------------------------------------
After further consideration, we agree with commenters that a
certification is sufficient for the purposes of this application
requirement. We have used a certification process elsewhere in our
rules and it has proven effective at ensuring that licensees satisfy
the technical requirements of our rules.\183\ Thus, Sections 25.115(l)-
(n)(3)(i) will require all applicants to: ``provide a certification
that the ESIM system is capable of detecting and automatically ceasing
emissions when an individual ESIM transmitter exceeds the relevant off-
axis EIRP spectral density limits specified in Sec. 25.218, or the
limits provided to the target satellite operator for operation under
Sec. 25.220.''
---------------------------------------------------------------------------
\183\ See e.g., 47 CFR 25.140(a) (requiring GSO FSS space
station applications to contain certifications of compliance with
certain technical requirements, without submission of any backup
evidence or demonstrations).
---------------------------------------------------------------------------
The certification for a C-band ESV system in Sec. 25.221(b)(3)(v)
regarding compliance with the power limits in Sec. 25.204(h) is
eliminated as no longer necessary. However, we retain a technical and
operational requirement to meet the power limits in Sec. 25.204(h) in
redesignated Sec. 25.228(h)(7).
As proposed, we note that the requirements that were in paragraphs
(b)(5) of Sec. Sec. 25.226 and 25.227 that any VMES or ESAA applicant
filing for a terminal or system and planning to use a contention
protocol must include in its application a certification that its
contention protocol use will be reasonable is substantially the same as
the requirement in Sec. 25.115(i), which we construe as applying to
applications for ESIMs.\184\ Therefore, we will not duplicate the
language from Sec. Sec. 25.226(b)(5) and 25.227(b)(5) in the ESIM
rules brought into Sec. 25.115.
---------------------------------------------------------------------------
\184\ NPRM, 32 FCC Rcd at 4356, para. 65.
---------------------------------------------------------------------------
Further, as proposed, we delete the requirements that were in
paragraphs (b)(8) of Sec. Sec. 25.226 and 25.227 that VMES and ESAA
applicants must submit a radio frequency hazard analysis determining
via calculation, simulation, or field measurement, whether ESAA
terminals, or classes of terminals, will produce power densities that
will exceed the Commission's radio frequency exposure criteria as
duplicative of Sec. 1.1307(b) of the Commission's rules.\185\
Similarly, we delete paragraphs (b)(7) of Sec. Sec. 25.221 and 25.222
and Sec. 25.226(b)(9) as duplicative of 25.115(k)(1), which we
construe as applicable to ESIM applications.\186\
---------------------------------------------------------------------------
\185\ 47 CFR 1.1307(b).
\186\ NPRM, 32 FCC Rcd at 4256, para. 66.
---------------------------------------------------------------------------
Paragraphs (b)(7) of Sec. Sec. 25.226 and 25.227 require that any
VMES or ESAA applicant must include in its application a certification
that it will comply with the requirements of paragraphs (a)(6) of those
sections, and paragraphs (a)(9), (a)(10), and (a)(11) of Sec. 25.227.
The Commission invited comment as to whether the certification
requirement serves a useful purpose, or whether the Commission should
eliminate it, because Commission licensees are required to comply with
all applicable Commission rules. AC BidCo comments that ``eliminating
this certification requirement will have no effect on the substantive
technical and operational standards that an ESIM operator must meet.''
\187\ Because licensees will be required to comply with these
provisions even without the certification requirement, we agree, and
will no longer require such a certification.
---------------------------------------------------------------------------
\187\ AC BidCo Comments at 4.
---------------------------------------------------------------------------
We proposed to remove Sec. 25.226(b)(8), which states, in part,
that all VMES applicants must demonstrate that their VMES terminals are
capable of automatically ceasing transmissions upon the loss of
synchronization or within 5 seconds upon loss of reception of the
satellite downlink signal, whichever is the shorter timeframe. This is
redundant with Sec. 25.271(g), which applies by its terms to all
transmitting earth stations. It is not necessary to duplicate the
provisions in Sec. 25.271(g) in a rule intended specifically for
ESIMs. Additionally, the requirement for radiation hazard mitigation
that had been included in Sec. 25.226(b)(8) is incorporated into Sec.
25.228(d), as explained above.
Finally, as proposed, we retain the requirements in paragraphs
(b)(4) of Sec. Sec. 25.221, 25.222, 25.222, 25.226, and 25.227, in
paragraphs (b)(5) of Sec. Sec. 25.221 and 25.222 and (b)(6) of
Sec. Sec. 25.226 and 25.227, and in paragraphs (b)(6) of Sec. Sec.
25.221 and 25.222 and (b)(8) of Sec. Sec. 25.226 and 25.227, and move
those requirements into paragraphs (l)-(n) of Sec. 25.115.\188\
Inmarsat supports this proposal as promoting uniformity and
efficiency.\189\
---------------------------------------------------------------------------
\188\ NPRM, 32 FCC Rcd at 4256-57, para. 69.
\189\ Inmarsat Comments at 4.
---------------------------------------------------------------------------
Merging Sec. Sec. 25.130 and 25.131 Into Sec. 25.115
We adopt the Commission's proposals to move the requirements in
Sec. 25.130 into Sec. 25.115(a)(5)-(10).\190\ We note that there is a
difference between what the Commission proposed in the ESIMs NPRM and
the version that we adopt in this Report and Order because Sec. 25.130
was updated by the Spectrum Frontiers Second Report and Order.\191\ The
changes to Sec. 25.130(b) are brought into Sec. 25.115(a)(6)(i)-(iv),
and the Note to paragraph (g) is now incorporated as a Note to (a)(10).
Further, the Note is revised to eliminate cross-references to the
individual ESIM Sec. Sec. 25.221, 25.222, 25.226, and 25.227, and is
revised to cross-reference the appropriate paragraphs of Sec. 25.115.
---------------------------------------------------------------------------
\190\ A list of the existing paragraphs in Sec. 25.130 and the
corresponding proposed paragraphs in Sec. 25.115 appears in Table 1
of Appendix C.
\191\ Use of Spectrum Bands Above 24 GHz For Mobile Radio
Services et al., Second Report and Order, Second Further Notice of
Proposed Rulemaking, Order on Reconsideration, and Memorandum
Opinion and Order, 32 FCC Rcd 10988 (2017).
---------------------------------------------------------------------------
Further, the last sentence of Sec. 25.130(a) previously stated
that ``applicants that are not required to submit applications on Form
312EZ'' must submit the information in subparagraphs (1)-(5) of Sec.
25.130(a) as an attachment to their applications. The use of Form 312EZ
is not mandatory, but rather, use is an option available to applicants
under some circumstances. Therefore, as proposed, we change the word
``required'' to ``permitted''. We reserve Sec. 25.130. Cross-
references to this section are redirected to the appropriate paragraphs
in Sec. 25.115.
Similarly, we move all requirements regarding receive-only earth
stations, with minor revisions, from Sec. 25.131 into Sec.
25.115(b).\192\ We reserve Sec. 25.131, and redirect any cross-
references to this section to the appropriate paragraphs in Sec.
25.115.
---------------------------------------------------------------------------
\192\ A list of the existing paragraphs in Sec. 25.131 and the
corresponding proposed paragraphs in Sec. 25.115 appears in Table 2
of Appendix C.
---------------------------------------------------------------------------
Other Miscellaneous Changes to Sec. 25.115
We adopt the proposals to reorganize and remove sections that are
redundant or better included elsewhere in the reorganized
sections.\193\ Specifically, we incorporate the language regarding
instructions for electronically filing from Sec. 25.115(a)(4), into
Sec. 25.115(a)(1). We revise the cross-references in Sec.
25.115(k)(1) to Sec. Sec. 25.221, 25.226, and 25.227 to refer instead
to the proposed paragraphs (l)-(n) of Sec. 25.115, consistent with the
unifying of the application requirements into Sec. 25.115. Similarly,
we adopt non-substantive changes to Sec. 25.115(k)(2). The proposed
changes to 25.115(c)(1) discussed in the ESIMs NPRM were previously
adopted in the NGSO FSS Report and Order.\194\
---------------------------------------------------------------------------
\193\ NPRM, 32 FCC Rcd at 4257, para. 72.
\194\ Update to Parts 2 and 25 Concerning Non-Geostationary,
Fixed-Satellite Service Systems and Related Matters, Report and
Order and Further Notice of Proposed Rulemaking, 32 FCC Rcd 7809,
Appendix A (2017) (NGSO FSS Order or NGSO FSS FNPRM).
---------------------------------------------------------------------------
[[Page 53643]]
Changes Required in Additional Sections of the Commission's Rules:
Sec. Sec. 25.129, 25.133, 25.140, 25.202, 25.204, 25.209, and 25.258
and Notes to the Table of Frequency Allocations
The Commission proposed several additional changes in other
sections of part 25 to harmonize the various rule sections involving
ESIMs. We are updating cross-references to sections which are being
eliminated or reorganized accordingly. Specifically, we eliminate
references to Sec. Sec. 25.221, 25.222, 25.226 and 25.227 in
Sec. Sec. 25.202(a)(8) and 25.140(d)(1). Section 25.140(d)(1) also has
an updated reference to Sec. 25.218. Additionally, we update the
cross-reference to Sec. 25.138(a) in Sec. 25.140(a)(3)(iii) to point
to Sec. 25.218(i), which will contain the off-axis EIRP density limits
contained in Sec. 25.138(a). Similarly, we revise the cross-reference
to Sec. 25.138(a) in Sec. 25.258(b) regarding operation of
ubiquitously deployed GSO FSS earth stations in the 29.25-29.5 GHz
frequency band to point to Sec. 25.218(i). We are also eliminating
cross-references to Sec. Sec. 25.221, 25.222, 25.226, and 25.227 in
Sec. Sec. 25.115(g)(1)(iv) and (vii). Further, we are eliminating
cross-references to Sec. 25.138, e.g. from Sec. Sec.
25.115(c)(3)(i)(B), (c)(3)(ii), and 25.132(d). In Sec. 25.133(d), the
reference to Sec. 25.131 is updated to reflect the requirement being
reorganized into Sec. 25.115(b).
Because Sec. 25.138 is being removed and reserved, we remove the
reference to it in Sec. 25.129(c).\195\ For the same reasons, we
remove references to Sec. 25.221 in Sec. 25.140(a)(3)(i), and to
Sec. Sec. 25.222, 25.226, and 25.227 in Sec. 25.140(a)(3)(ii).\196\
For completeness, we also note that we eliminate similar obsolete
cross-references in Sec. 25.220(a).
---------------------------------------------------------------------------
\195\ See Appendix B.
\196\ Id.
---------------------------------------------------------------------------
We revise the cross-references to Sec. Sec. 25.130 and 25.131 in
Sec. 25.209(c)(1) to reflect the move of the particular requirements
to Sec. Sec. 25.115(b)(2) and (b)(4). Similarly, we revise Sec.
25.209(f) to eliminate the reference to Sec. Sec. 25.138, 25.221,
25.222, 25.226, and 25.227, and to refer instead to Sec. 25.218, as
well as other clarifying changes. These changes are necessary to
reflect the changes to requirements for demonstrations for a non-
conforming antenna. We also consolidate the requirements in paragraphs
(i)-(k) of Sec. 25.204 into Sec. 25.228(j)(2).\197\
---------------------------------------------------------------------------
\197\ A list of the existing paragraphs in Sec. 25.204 and the
corresponding proposed paragraphs in Sec. 25.228 appears in Table 6
of Appendix C.
---------------------------------------------------------------------------
In addition to moving the ESIM-related sentence of footnote NG52 of
the Table of Frequency Allocations into NG527A \198\ that language in
footnote NG52 is also revised to refer to ESIMs rather than ESVs,
VMESs, and ESAAs to be consistent with the terminology adopted in this
Report and Order.\199\ Finally, footnote US133 of the Table of
Frequency Allocation contained cross-references to sub-paragraphs of
Sec. Sec. 25.226 and 25.227 that are updated to point to the
appropriate sub-paragraphs of Sec. 25.228.\200\
---------------------------------------------------------------------------
\198\ 47 CFR 2.106.
\199\ See Appendix B--Final Rules.
\200\ We also adopt the proposal to add footnotes 5.484B and
5.527A, which relate to ESIM use and were adopted in WRC-15, to the
International Table.
---------------------------------------------------------------------------
Procedural Matters
In this document, we have 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.
Congressional Review Act. The Commission sent 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).
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 October 8, 2019.
It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, sent a copy
of this Report and Order 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, sent 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.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 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. Amend Sec. 2.106, the Table of Frequency Allocations, by:
0
a. Revising pages 41, 44, 48, 49, 50, 52, and 55;
0
b. Adding footnotes 5.484B and 5.527A in the list of International
Footnotes;
0
c. Revising footnote US133 in the list of United States (US) Footnotes;
and
0
d. In the list of non-Federal Government (NG) Footnotes by:
0
i. Revising footnote NG52;
0
ii. Removing footnotes NG55, NG180, and NG181; and
0
iii. Adding footnotes NG457A and NG527A.
The revisions and additions read as follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
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[[Page 53651]]
BILLING CODE 6712-01-C
* * * * *
International Footnotes
* * * * *
5.484B Resolution 155 (WRC-15) shall apply. (WRC-15)
* * * * *
5.527A The operation of earth stations in motion communicating with
the FSS is subject to Resolution 156 (WRC-15). (WRC-15)
* * * * *
United States (US) Footnotes
* * * * *
US133 In the bands 14-14.2 GHz and 14.47-14.5 GHz, the following
provisions shall apply to the operations of Earth Stations Aboard
Aircraft (ESAA):
(a) In the band 14-14.2 GHz, ESAA licensees proposing to operate
within radio line-of-sight of the coordinates specified in 47 CFR
25.228(j)(1) are subject to prior coordination with NTIA in order to
minimize harmful interference to the ground terminals of NASA's
Tracking and Data Relay Satellite System (TDRSS).
(b) In the band 14.47-14.5 GHz, operations within radio line-of-
sight of the radio astronomy stations specified in 47 CFR 25.228(j)(3)
are subject to coordination with the National Science Foundation in
accordance with the requirements set forth in that rule section.
* * * * *
Non-Federal Government (NG) Footnotes
* * * * *
NG52 Except as provided for by NG527A, use of the bands 10.7-11.7
GHz (space-to-Earth) and 12.75-13.25 GHz (Earth-to-space) by
geostationary satellites in the fixed-satellite service shall be
limited to international systems, i.e., other than domestic systems.
* * * * *
NG457A Earth stations on vessels (ESVs), 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 3700-4200 MHz (space-to-Earth), ESVs may be
authorized to communicate with geostationary satellites and, while
docked, may be coordinated for up to 180 days, renewable. ESVs in
motion are 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 band 5925-6425 MHz (Earth-to-space), ESVs may be
authorized to communicate with geostationary satellites on a primary
basis.
* * * * *
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 bands 10.95-11.2 GHz (space-to-Earth) and 11.45-11.7 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), 19.7-20.2 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.
* * * * *
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:
0
a. Revising the definition of ``Blanket license'';
0
b. Removing the definition of ``Earth Stations Aboard Aircraft (ESAA)''
and adding in its place a definition for ``Earth Station Aboard
Aircraft (ESAA)'';
0
b. Adding definitions in alphabetical order for ``Earth Station in
Motion (ESIM)'' and ``Network Control and Monitoring Center''; and
0
c. Revising the definitions of ``Routine processing or licensing'',
``Two-degree compliant space station'', and ``Vehicle-Mounted Earth
Station (VMES)''.
The revisions and additions read as follows:
Sec. 25.103 Definitions.
* * * * *
Blanket license. A license for:
(1) Multiple earth stations in the FSS or MSS, or for SDARS
terrestrial repeaters, that may be operated anywhere within a
geographic area specified in the license; or
(2) For multiple space stations in non-geostationary-orbit.
* * * * *
Earth Station Aboard Aircraft (ESAA). An earth station operating
aboard an aircraft that receives from and transmits to geostationary-
orbit Fixed-Satellite Service space stations.
* * * * *
Earth Station in Motion (ESIM). A term that collectively designates
ESV, VMES and ESAA earth stations, as defined in this section.
* * * * *
Network Control and Monitoring Center (NCMC). An NCMC, as used in
Part 25, is a facility that has the capability to remotely control
earth stations operating as part of a satellite network or system.
* * * * *
Routine processing or licensing. Expedited processing of unopposed
applications for earth stations in the FSS communicating with GSO space
stations that satisfy the criteria in Sec. 25.211(d), Sec. 25.212(c),
Sec. 25.212(d), Sec. 25.212(e), Sec. 25.212(f), Sec. 25.218, or
Sec. 25.223(b), include all required information, are consistent with
all Commission rules, and do not raise any policy issues. Some, but not
all, routine earth station applications are eligible for an autogrant
procedure under Sec. 25.115(a)(3).
* * * * *
Two-degree-compliant space station. A GSO FSS space station
operating in the conventional or extended C-bands, the conventional or
extended Ku-bands, or the conventional Ka-band within the limits on
downlink EIRP density or PFD specified in Sec. 25.140(a)(3) and
communicating only with earth stations operating in conformance with
routine uplink parameters specified in Sec. 25.211(d), Sec.
25.212(c), (d), (e), or (f), or Sec. 25.218.
Vehicle-Mounted Earth Station (VMES). An earth station, operating
from a motorized vehicle that travels primarily on land, that receives
from and transmits to geostationary orbit Fixed-Satellite Service space
stations and operates within the United States.
0
5. Amend Sec. 25.115 by:
0
a. Revising paragraphs (a)(1) and (a)(2)(iii);
0
b. Removing and reserving paragraph (a)(4);
0
c. Adding paragraphs (a)(5) through (10);
0
d. Revising paragraphs (b), (c)(1), (c)(2)(i)(A), (c)(3)(i)(B),
(c)(3)(ii), (e)(1), (g)(1)(vii), and (k); and
0
e. Adding paragraphs (l), (m), and (n).
The revisions and additions read as follows:
Sec. 25.115 Applications for earth station authorizations.
(a)(1) Transmitting earth stations. Commission authorization must
be
[[Page 53652]]
obtained for authority to operate a transmitting earth station.
Applications for transmitting earth stations must be filed
electronically through the International Bureau Filing System (IBFS) in
accordance with the applicable provisions of part 1, subpart Y of this
chapter. Applications must be filed electronically on FCC Form 312,
Main Form and Schedule B, and include the information specified in this
section, except as set forth in paragraph (a)(2) of this section.
(2) * * *
(iii) The application meets all relevant criteria in Sec. 25.211
or Sec. 25.212 or includes information filed pursuant to paragraph
(g)(1) of this section indicating that off-axis EIRP density from the
proposed earth stations will not exceed relevant levels specified in
Sec. 25.218; and
* * * * *
(5) Applicants that are not permitted to submit applications under
paragraph (a)(2) of this section on Form 312EZ, must submit, as an
attachment to their application, the following information to be used
as an ``informative'' in the public notice issued under Sec. 25.151:
(i) A detailed description of the service to be provided, including
frequency bands and satellites to be used. The applicant must identify
either the specific satellite(s) with which it plans to operate, or the
eastern and western boundaries of the arc it plans to coordinate.
(ii) The diameter or equivalent diameter of the antenna.
(iii) Proposed power and power density levels.
(iv) Identification of any random access technique, if applicable.
(v) Identification of a specific rule or rules for which a waiver
is requested.
(6)(i) Applicants for earth stations transmitting in frequency
bands shared with equal rights between terrestrial and space services
must provide a frequency coordination analysis in accordance with Sec.
25.203(b) and must include any notification or demonstration required
by any other relevant provision in Sec. 25.203.
(ii) Applicants for user transceiver units associated with the NVNG
MSS must provide the information required by Sec. 25.135.
(iii) Applicants for 1.6/2.4 GHz MSS user transceivers must
demonstrate that the transceivers will operate in compliance with
relevant requirements in Sec. 25.213.
(iv) Applicants for earth stations licensed in accordance with
Sec. 25.136 must demonstrate that the transmitting earth stations will
meet the relevant criteria specified in that section, including any
showings required under Sec. 25.136(a)(4), (c), (d)(4), and/or (e)(4).
(7) In those cases where an applicant is filing a number of
essentially similar applications, showings of a general nature
applicable to all of the proposed stations may be submitted in the
initial application and incorporated by reference in subsequent
applications.
(8) Transmissions of signals or programming to non-U.S. licensed
satellites, and to and/or from foreign points by means of U.S.-licensed
fixed satellites may be subject to restrictions as a result of
international agreements or treaties. The Commission will maintain
public information on the status of any such agreements.
(9) Applicants seeking to operate in a shared government/non-
government band must provide the half-power beam width of their
proposed earth station antenna, as an attachment to their applications.
(10) With the exception of applications for blanket-licensed earth
station networks filed pursuant to Sec. 25.115(c) or Sec. 25.218;
applications for conventional Ka-band hub stations filed pursuant to
Sec. 25.115(e); applications for NGSO FSS gateway earth stations filed
pursuant to Sec. 25.115(f); applications for individually licensed
earth stations filed pursuant to Sec. 25.136; applications for ESIMs
filed pursuant to Sec. 25.115(l), Sec. 25.115(m), or Sec. 25.115(n);
or applications for 29 GHz NGSO MSS feeder-link stations in a complex
as defined in Sec. 25.257, parties may apply, either in an initial
application or an application for modification of license, for
operating authority for multiple transmitting FSS earth stations that
are not eligible for blanket or network licensing under another section
of this part in the following circumstances:
(i) The antennas would transmit in frequency bands shared with
terrestrial services on a co-primary basis and the antennas would be
sited within an area bounded by 1 second of latitude and 1 second of
longitude.
(ii) The antennas would transmit in frequency bands allocated to
FSS on a primary basis and there is no co-primary allocation for
terrestrial services, and the antennas would be sited within an area
bounded by 10 seconds of latitude and 10 seconds of longitude.
(b) Receive-only earth stations. Except as provided in paragraphs
(b)(1) and (8) of this section, applications for licenses for receive-
only earth stations must be submitted on FCC Form 312, Main Form and
Schedule B, accompanied by any required exhibits and the information
described in paragraphs (a)(5)(i) through (v) of this section. Such
applications must be filed electronically through the International
Bureau Filing System (IBFS) in accordance with the applicable
provisions of part 1, subpart Y of this chapter.
(1) Receive-only earth stations in the FSS that operate with U.S.-
licensed space stations, or with non-U.S.-licensed space stations that
have been duly approved for U.S. market access, may be registered with
the Commission in order to protect them from interference from
terrestrial microwave stations in bands shared co-equally with the
Fixed Service in accordance with the procedures of Sec. Sec. 25.203
and 25.251, subject to the stricture in Sec. 25.209(c).
(2) Licensing or registration of receive-only earth stations with
the Commission confers no authority to receive and use signals or
programming received from satellites. See Section 705 of the
Communications Act. 47 U.S.C. 605.
(3) Applications for registration must be accompanied by the
coordination exhibit required by Sec. 25.203 and any other required
exhibits.
(4) Complete applications for registration will be placed on public
notice for 30 days and automatically granted if no objection is
submitted to the Commission and served on the applicant. Additional
pleadings are authorized in accordance with Sec. 1.45 of this chapter.
(5) The registration of a receive-only earth station results in the
listing of an authorized frequency band at the location specified in
the registration. Interference protection levels are those agreed to
during coordination.
(6) Reception of signals or programming from non-U.S. satellites
may be subject to restrictions as a result of international agreements
or treaties. The Commission will maintain public information on the
status of any such agreements.
(7) Registration term: Registrations for receive-only earth
stations governed by this section will be issued for a period of 15
years from the date on which the application was filed. Applications
for renewals of registrations must be submitted on FCC Form 312R
(Application for Renewal of Radio Station License in Specified
Services) no earlier than 90 days and no later than 30 days before the
expiration date of the registration.
(8) Applications for modification of license or registration of
receive-only earth stations must be made in conformance with Sec. Sec.
25.117 and 25.118. In addition, registrants are required to notify the
Commission when a receive-only earth station is no longer operational
or when it has not been
[[Page 53653]]
used to provide any service during any 6-month period.
(9)(i) Except as set forth in paragraph (b)(9)(ii) of this section,
receive-only earth stations operating with non-U.S. licensed space
stations must file an FCC Form 312 requesting a license or modification
to operate such station.
(ii) Operators of receive-only earth stations need not apply for a
license to receive transmissions from non-U.S.-licensed space stations
that have been duly approved for U.S. market access, provided the space
station operator and earth station operator comply with all applicable
rules in this chapter and with applicable conditions in the Permitted
Space Station List or market-access grant.
(c) * * *
(2) * * *
(i) * * *
(A) No more than three geostationary satellites to be accessed;
* * * * *
(3) * * *
(i) * * *
(B) The application includes information filed pursuant to
paragraph (g)(1) of this section indicating that off-axis EIRP density
from the proposed earth stations will not exceed relevant routine
levels specified in Sec. 25.218(i).
(ii) Applications to license networks of earth stations operating
in the 28.35-28.6 GHz and/or 29.25-30.0 GHz bands under blanket
operating authority that do not meet the requirements of Sec.
25.212(e) or Sec. 25.218(i) must comply with the requirements in Sec.
25.220 and must be filed on FCC Form 312 with a Schedule B for each
large (5 meters or larger) hub station antenna and each representative
type of small antenna (less than 5 meters) operating within the
network.
* * * * *
(e)(1) An application for a GSO FSS earth station license in the
17.8-19.4 GHz, 19.6-20.2 GHz, 27.5-29.1 GHz, or 29.25-30 GHz bands not
filed on FCC Form 312EZ pursuant to paragraph (a)(2) of this section
must be filed on FCC Form 312, Main Form and Schedule B, and must
include any information required by paragraphs (a)(5) through (10) or
(g) or (j) of this section.
* * * * *
(g) * * *
(1) * * *
(vii) The relevant off-axis EIRP density envelopes in Sec. 25.218
or Sec. 25.223 must be superimposed on plots submitted pursuant to
paragraphs (g)(1)(i) through (vi) of this section.
* * * * *
(k)(1) Applicants for FSS earth stations that qualify for routine
processing in the conventional or extended C-bands, the conventional or
extended Ku-bands, the conventional Ka-band, or the 24.75-25.25 GHz
band, including ESV applications filed pursuant to paragraph (m)(1) or
(n)(1) of this section, VMES applications filed pursuant to paragraph
(m)(1) or (n)(1) of this section, and ESAA applications filed pursuant
to paragraph (m)(1) or (n)(1) of this section, may designate the
Permitted Space Station List as a point of communication. Once such an
application is granted, the earth station operator may communicate with
any space station on the Permitted Space Station List, provided that
the operation is consistent with the technical parameters and
conditions in the earth station license and any limitations placed on
the space station authorization or noted in the Permitted Space Station
List.
(2) Notwithstanding paragraph (k)(1) of this section, an earth
station that would receive signals in the 17.8-20.2 GHz band may not
communicate with a space station on the Permitted Space Station List in
that band until the space station operator has completed coordination
under Footnote US334 to Sec. 2.106 of this chapter.
(l) The requirements of this paragraph apply to applications for
ESV operation in the 5925-6425 MHz (Earth-to-space) band with GSO
satellites in the Fixed-Satellite Service, in addition to the
requirements in paragraphs (a)(1), (5), (6), and (i) of this section:
(1) Applications where any necessary frequency coordination has
been satisfactorily completed, and the proposed earth station
transmissions comport with the applicable provisions in Sec. 25.212(d)
or the applicable off-axis EIRP density limits in Sec. 25.218(d) will
be routinely processed. Such applications must include the relevant
information specified by paragraph (g) of this section. Applicants for
ESIMs operating in a network using variable power density control of
earth stations transmitting simultaneously in shared frequencies to the
same target satellite receiving beam must also provide the
certification required by Sec. 25.212(g) or Sec. 25.218(d)(4),
whichever is applicable.
(2) Applications where the proposed earth station transmissions do
not comport with the applicable provisions in Sec. 25.212(d) or the
applicable off-axis EIRP density limits in Sec. 25.218(d) must include
the information specified by paragraph (g)(1) of this section, and are
subject to the requirements of Sec. 25.220.
(3) Applications must include the following information:
(i) ESIM applicants that meet the relevant off-axis EIRP density
mask must certify that an individual ESIM terminal is self-monitoring
and capable of automatically ceasing or reducing emissions within 100
milliseconds if the ESIM transmitter exceeds the relevant off-axis EIRP
density limits. ESIM applicants that do not meet the relevant off-axis
EIRP density mask must provide a detailed showing that an individual
ESIM terminal is self-monitoring and capable of automatically ceasing
or reducing emissions within 100 milliseconds if the ESIM transmitter
exceeds the relevant off-axis EIRP density limits. Variable-power ESIM
applicants must certify that one or more transmitters are capable of
automatically ceasing or reducing emissions within 100 milliseconds of
receiving a command to do so from the system's network control and
monitoring center, if the aggregate off axis EIRP densities of the
transmitter or transmitters exceed the relevant off-axis EIRP density
limits.
(ii) An exhibit describing the geographic area(s) in which the ESVs
will operate.
(iii) The point of contact information referred to in Sec.
25.228(e)(2).
(iv) Applicants for ESVs that will exceed the guidelines in Sec.
1.1310 of this chapter for radio frequency radiation exposure must
provide, with their environmental assessment, a plan for mitigation of
radiation exposure to the extent required to meet those guidelines.
(m) The requirements of this paragraph apply to applications for
ESIM operation in the 14.0-14.5 GHz (Earth-to-space) band with GSO
satellites in the Fixed-Satellite Service, in addition to the
requirements in paragraphs (a)(1) and (5) and (i) of this section:
(1) Applications where any necessary frequency coordination has
been satisfactorily completed, and the proposed earth station
transmissions comport with the applicable provisions in Sec.
25.212(c)(2) or the applicable off-axis EIRP density limits in Sec.
25.218(f) will be routinely processed. Such applications must include
the relevant information specified by paragraph (g) of this section.
Applicants for ESIMs operating in a network using variable power
density control of earth stations transmitting simultaneously in shared
frequencies to the same target satellite receiving beam must also
provide the certification required by Sec. 25.212(g) or Sec.
25.218(f)(4), whichever is applicable.
(2) Applications where the proposed earth station transmissions do
not comport with the applicable provisions in Sec. 25.212(c)(2) or the
applicable off-axis EIRP density limits in Sec. 25.218(f) must include
the information specified
[[Page 53654]]
by paragraph (g)(1) of this section, and are subject to the
requirements of Sec. 25.220.
(3) Applications must include the following information:
(i) ESIM applicants that meet the relevant off-axis EIRP density
mask must certify that an individual ESIM terminal is self-monitoring
and capable of automatically ceasing or reducing emissions within 100
milliseconds if the ESIM transmitter exceeds the relevant off-axis EIRP
density limits. ESIM applicants that do not meet the relevant off-axis
EIRP density mask must provide a detailed showing that an individual
ESIM terminal is self-monitoring and capable of automatically ceasing
or reducing emissions within 100 milliseconds if the ESIM transmitter
exceeds the relevant off-axis EIRP density limits. Variable-power ESIM
applicants must certify that one or more transmitters are capable of
automatically ceasing or reducing emissions within 100 milliseconds of
receiving a command to do so from the system's network control and
monitoring center, if the aggregate off axis EIRP densities of the
transmitter or transmitters exceed the relevant off-axis EIRP density
limits.
(ii) An exhibit describing the geographic area(s) in which the
ESIMs will operate.
(iii) The point of contact information referred to in Sec.
25.228(e)(2), (f), or (g)(1) as appropriate.
(iv) Applicants for ESIMs that will exceed the guidelines in Sec.
1.1310 of this chapter for radio frequency radiation exposure must
provide, with their environmental assessment, a plan for mitigation of
radiation exposure to the extent required to meet those guidelines.
(n) The requirements of this paragraph apply to applications for
ESIM operation in the 28.35-28.6 GHz or 29.25-30.0 GHz (Earth-to-space)
band with GSO satellites in the Fixed-Satellite Service, in addition to
the requirements in paragraphs (a)(1) and (5) and (i) of this section:
(1) Applications where any necessary frequency coordination has
been satisfactorily completed, and the proposed earth station
transmissions comport with the applicable provisions in Sec. 25.212(e)
or the applicable off-axis EIRP density limits in Sec. 25.218(i) will
be routinely processed. Such applications must include the relevant
information specified by paragraph (g) of this section. Applicants for
ESIMs operating in a network using variable power density control of
earth stations transmitting simultaneously in shared frequencies to the
same target satellite receiving beam must also provide the
certification required by Sec. 25.212(g) or Sec. 25.218(i)(5),
whichever is applicable.
(2) Applications where the proposed earth station transmissions do
not comport with the applicable provisions in Sec. 25.212(e) or the
applicable off-axis EIRP density limits in Sec. 25.218(i) must include
the information specified by paragraph (g)(1) of this section, and are
subject to the requirements of Sec. 25.220.
(3) Applications must include the following information:
(i) ESIM applicants that meet the relevant off-axis EIRP density
mask must certify that an individual ESIM terminal is self-monitoring
and capable of automatically ceasing or reducing emissions within 100
milliseconds if the ESIM transmitter exceeds the relevant off-axis EIRP
density limits. ESIM applicants that do not meet the relevant off-axis
EIRP density mask must provide a detailed showing that an individual
ESIM terminal is self-monitoring and capable of automatically ceasing
or reducing emissions within 100 milliseconds if the ESIM transmitter
exceeds the relevant off-axis EIRP density limits. Variable-power ESIM
applicants must certify that one or more transmitters are capable of
automatically ceasing or reducing emissions within 100 milliseconds of
receiving a command to do so from the system's network control and
monitoring center, if the aggregate off axis EIRP densities of the
transmitter or transmitters exceed the relevant off-axis EIRP density
limits.
(ii) An exhibit describing the geographic area(s) in which the
ESIMs will operate.
(iii) The point of contact information referred to in Sec.
25.228(e)(2), (f), or (g)(1) as appropriate.
(iv) Applicants for ESIMs that will exceed the guidelines in Sec.
1.1310 of this chapter for radio frequency radiation exposure must
provide, with their environmental assessment, a plan for mitigation of
radiation exposure to the extent required to meet those guidelines.
0
6. Amend Sec. 25.129 by revising paragraph (c) to read as follows:
Sec. 25.129 Equipment authorization for portable earth-station
transceivers.
* * * * *
(c) In addition to the information required by Sec. Sec. 1.1307(b)
and 2.1033(c) of this chapter, applicants for certification required by
this section must submit any additional equipment test data necessary
to demonstrate compliance with pertinent standards for transmitter
performance prescribed in Sec. Sec. 25.202(f), and 25.216, must submit
the statements required by Sec. 2.1093(c) of this chapter, and must
demonstrate compliance with the labeling requirement in Sec.
25.285(b).
* * * * *
Sec. 25.130 [Removed and Reserved]
0
7. Remove and reserve Sec. 25.130.
Sec. 25.131 [Removed and Reserved]
0
8. Remove and reserve Sec. 25.131.
0
9. Amend Sec. 25.132 by revising paragraph (d) introductory text to
read as follows:
Sec. 25.132 Verification of earth station antenna performance.
* * * * *
(d) For each new or modified transmitting antenna over 3 meters in
diameter, the following on-site verification measurements must be
completed at one frequency on an available transponder in each
frequency band of interest and submitted to the Commission.
* * * * *
0
10. Amend Sec. 25.133 by revising paragraph (d) to read as follows:
Sec. 25.133 Period of construction; certification of commencement of
operation.
* * * * *
(d) Each receiving earth station licensed or registered pursuant to
Sec. 25.115(b) must be constructed and placed into service within 6
months after coordination has been completed. Each licensee or
registrant must file with the Commission a certification that the
facility is completed and operating as provided in paragraph (b) of
this section, with the exception of certification of antenna patterns.
Sec. 25.138 [Removed and Reserved]
0
11. Remove and reserve Sec. 25.138.
0
12. Amend Sec. 25.140 by revising paragraphs (a)(3)(i) through (iii)
and (d)(1) to read as follows:
Sec. 25.140 Further requirements for license applications for GSO
space station operation in the FSS and the 17/24 GHz BSS.
(a) * * *
(3) * * *
(i) With respect to proposed operation in the conventional or
extended C-bands, a certification that downlink EIRP density will not
exceed 3 dBW/4kHz for digital transmissions or 8 dBW/4kHz for analog
transmissions and that associated uplink operation will not exceed
applicable EIRP density envelopes in Sec. 25.218 unless the non-
routine uplink and/or downlink operation is coordinated with operators
of authorized co-frequency space stations at assigned locations within
six
[[Page 53655]]
degrees of the orbital location of the proposed space station and
except as provided in paragraph (d) of this section.
(ii) With respect to proposed operation in the conventional or
extended Ku-bands, a certification that downlink EIRP density will not
exceed 14 dBW/4kHz for digital transmissions or 17 dBW/4kHz for analog
transmissions and that associated uplink operation will not exceed
applicable EIRP density envelopes in Sec. 25.218 unless the non-
routine uplink and/or downlink operation is coordinated with operators
of authorized co-frequency space stations at assigned locations within
six degrees of the orbital location of the proposed space station and
except as provided in paragraph (d) of this section.
(iii) With respect to proposed operation in the conventional Ka-
band, a certification that the proposed space station will not generate
power flux-density at the Earth's surface in excess of -118 dBW/m\2\/
MHz and that associated uplink operation will not exceed applicable
EIRP density envelopes in Sec. 25.218(i) unless the non-routine uplink
and/or downlink operation is coordinated with operators of authorized
co-frequency space stations at assigned locations within six degrees of
the orbital location and except as provided in paragraph (d) of this
section.
* * * * *
(d) * * *
(1) The letter notification must include the downlink off-axis EIRP
density levels or power flux density levels and/or uplink off-axis EIRP
density levels, specified per frequency range and space station antenna
beam, that exceed the relevant routine limits set forth in paragraphs
(a)(3)(i) through (iii) of this section and Sec. 25.218.
* * * * *
0
13. Amend Sec. 25.202 by revising paragraphs (a)(8), (10), and (11) to
read as follows:
Sec. 25.202 Frequencies, frequency tolerance, and emission limits.
(a) * * *
(8) The following frequencies are available for use by ESVs:
3700-4200 MHz (space-to-Earth)
5925-6425 MHz (Earth-to-space)
10.95-11.2 GHz (space-to-Earth)
11.45-11.7 GHz (space-to-Earth)
11.7-12.2 GHz (space-to-Earth)
14.0-14.5 GHz (Earth-to-space)
18.3-18.8 GHz (space-to-Earth)
19.7-20.2 GHz (space-to-Earth)
28.35-28.6 GHz (Earth-to-space)
29.25-30.0 GHz (Earth-to-space)
* * * * *
(10) The following frequencies are available for use by Vehicle-
Mounted Earth Stations (VMESs):
10.95-11.2 GHz (space-to-Earth)
11.45-11.7 GHz (space-to-Earth)
11.7-12.2 GHz (space-to-Earth)
14.0-14.5 GHz (Earth-to-space)
18.3-18.8 GHz (space-to-Earth)
19.7-20.2 GHz (space-to-Earth)
28.35-28.6 GHz (Earth-to-space)
29.25-30.0 GHz (Earth-to-space)
(11) The following frequencies are available for use by Earth
Stations Aboard Aircraft (ESAAs):
10.95-11.2 GHz (space-to-Earth)
11.45-11.7 GHz (space-to-Earth)
11.7-12.2 GHz (space-to-Earth)
14.0-14.5 GHz (Earth-to-space)
18.3-18.8 GHz (space-to-Earth)
19.7-20.2 GHz (space-to-Earth)
28.35-28.6 GHz (Earth-to-space)
29.25-30.0 GHz (Earth-to-space)
* * * * *
0
14. Amend Sec. 25.204 by revising paragraph (e)(3) and removing
paragraphs (h) through (k).
The revision reads as follows:
Sec. 25.204 Power limits for earth stations.
* * * * *
(e) * * *
(3) FSS earth stations transmitting to geostationary space stations
in the 28.35-28.6 GHz and/or 29.25-30.0 GHz bands may employ uplink
adaptive power control or other methods of fade compensation. For
stations employing uplink power control, the values in Sec.
25.218(i)(1), (2), and (4) may be exceeded by up to 20 dB under
conditions of uplink fading due to precipitation. The amount of such
increase in excess of the actual amount of monitored excess attenuation
over clear sky propagation conditions must not exceed 1.5 dB or 15
percent of the actual amount of monitored excess attenuation in dB,
whichever is larger, with a confidence level of 90 percent except over
transient periods accounting for no more than 0.5 percent of the time
during which the excess is no more than 4.0 dB.
* * * * *
0
15. Amend Sec. 25.209 by revising paragraphs (c)(1) and (f) to read as
follows:
Sec. 25.209 Earth station antenna performance standards.
* * * * *
(c)(1) An earth station licensed for operation with a GSO FSS space
station or registered for reception of transmissions from such a space
station pursuant to Sec. 25.115(b)(1) and (b)(3) is not entitled to
protection from interference from authorized operation of other
stations that would not cause harmful interference to that earth
station if it were using an antenna with receive-band gain patterns
conforming to the levels specified in paragraphs (a) and (b) of this
section.
* * * * *
(f) A GSO FSS earth station with an antenna that does not conform
to the applicable standards in paragraphs (a) and (b) of this section
will be authorized only if the applicant demonstrates that the antenna
will not cause unacceptable interference. This demonstration must show
that the transmissions of the earth station comport with the
requirements in Sec. 25.218 or Sec. 25.223, or the applicant must
demonstrate that the operations of the earth station have been
coordinated under Sec. 25.220.
* * * * *
0
16. Amend Sec. 25.212 by revising paragraphs (c), (d), (g), and (h) to
read as follows:
Sec. 25.212 Narrowband analog transmissions and digital transmissions
in the GSO Fixed Satellite Service.
* * * * *
(c)(1) An earth station, other than an ESIM, may be routinely
licensed for analog transmissions in the conventional Ku-band or the
extended Ku-band with bandwidths up to 200 kHz (or up to 1 MHz for
command carriers at the band edge) if the input power spectral density
into the antenna will not exceed -8 dBW/4 kHz, and the application
includes certification pursuant to Sec. 25.132(a)(1) of conformance
with the antenna gain performance requirements in Sec. 25.209(a) and
(b).
(2) An earth station may be routinely licensed for digital
transmission, including digital video transmission, in the conventional
Ku-band, or, except for an ESIM, in the extended Ku-band, if input
power spectral density into the antenna will not exceed -14 dBW/4 kHz
and the application includes certification pursuant to Sec.
25.132(a)(1) of conformance with the antenna gain performance
requirements in Sec. 25.209(a) and (b).
(d) An individual earth station may be routinely licensed for
digital transmission in the conventional C-band or, except for an ESIM,
in the extended C-band, if the applicant certifies conformance with
relevant antenna performance standards in Sec. 25.209(a) and (b), and
power density into the antenna will not exceed -2.7 dBW/4 kHz. An
individual earth station, other than an ESIM, may be routinely licensed
for analog transmission with carrier bandwidths up to 200 kHz (or up to
1
[[Page 53656]]
MHz for command carriers at the band edge) in the conventional C-band
or the extended C-band, if the applicant certifies conformance with
relevant antenna performance standards in Sec. 25.209(a) and (b), and
power density into the antenna will not exceed +0.5 dBW/4 kHz.
* * * * *
(g) A license application for earth station operation in a network
using variable power density control of earth stations transmitting
simultaneously in shared frequencies to the same target satellite
receiving beam may be routinely processed if the applicant certifies
that the aggregate off-axis EIRP density from all co-frequency earth
stations transmitting simultaneously to the same target satellite
receiving beam, not resulting from colliding data bursts transmitted
pursuant to a contention protocol, will not exceed the applicable off-
axis EIRP density limits permissible for a single earth station, as
specified in Sec. 25.218.
(h) Applications for authority for fixed earth station operation in
the conventional C-band, the extended C-band, the conventional Ku-band,
the extended Ku-band or the conventional Ka-band that do not qualify
for routine processing under relevant criteria in this section, Sec.
25.211, or Sec. 25.218 are subject to the requirements in Sec.
25.220.
0
17. Amend Sec. 25.218 by revising paragraphs (a), (b), and (i) and
adding paragraph (j) to read as follows:
Sec. 25.218 Off-axis EIRP density envelopes for FSS earth stations
transmitting in certain frequency bands.
(a) This section applies to applications for fixed and temporary-
fixed FSS earth stations transmitting to geostationary space stations
in the conventional C-band, extended C-band, conventional Ku-band,
extended Ku-band, or conventional Ka-band, and applications for ESIMs
transmitting in the conventional C-band, conventional Ku-band, or
conventional Ka-band, except for applications proposing transmission of
analog command signals at a band edge with bandwidths greater than 1
MHz or transmission of any other type of analog signal with bandwidths
greater than 200 kHz.
(b) Earth station applications subject to this section may be
routinely processed if they meet the applicable off-axis EIRP density
envelopes set forth in this section.
* * * * *
(i) Digital earth station operation in the conventional Ka-band.
(1) For co-polarized transmissions in the plane tangent to the GSO arc:
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
32.5-25log([thetas])............. dBW/MHz............. for...................... 2.0[deg] <= [thetas] <=
7[deg].
11.5............................. dBW/MHz............. for...................... 7[deg] <= [thetas] <=
9.2[deg].
35.5-25log([thetas])............. dBW/MHz............. for...................... 9.2[deg] <= [thetas] <=
19.1[deg].
3.5.............................. dBW/MHz............. for...................... 19.1[deg] < [thetas] <=
180[deg].
----------------------------------------------------------------------------------------------------------------
where [thetas] is as defined in paragraph (c)(1) of this section.
(2) For co-polarized transmissions in the plane perpendicular to
the GSO arc:
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
35.5-25log([thetas])............. dBW/MHz............. for...................... 3.5[deg] <= [thetas] <=
7[deg].
14.4............................. dBW/MHz............. for...................... 7[deg] < [thetas] <=
9.2[deg].
38.5-25log([thetas])............. dBW/MHz............. for...................... 9.2[deg] < [thetas] <=
19.1[deg].
6.5.............................. dBW/MHz............. for...................... 19.1[deg] < [thetas] <=
180[deg].
----------------------------------------------------------------------------------------------------------------
where [thetas] is as defined in paragraph (c)(1) of this section.
(3) The EIRP density levels specified in paragraphs (i)(1) and (2)
of this section may be exceeded by up to 3 dB, for values of [thgr] >
7[deg], over 10% of the range of theta ([thgr]) angles from 7-180[deg]
on each side of the line from the earth station to the target
satellite.
(4) For cross-polarized transmissions in the plane tangent to the
GSO arc and in the plane perpendicular to the GSO arc:
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
22.5-25log([thgr])............... dBW/MHz............. for...................... 2.0[deg] < [thgr] <=
7.0[deg].
----------------------------------------------------------------------------------------------------------------
where [thgr] is as defined in paragraph (c)(1) of this section.
(5) A license application for earth station operation in a network
using variable power density control of earth stations transmitting
simultaneously in shared frequencies to the same target satellite
receiving beam may be routinely processed if the applicant certifies
that the aggregate off-axis EIRP density from all co-frequency earth
stations transmitting simultaneously to the same target satellite
receiving beam, not resulting from colliding data bursts transmitted
pursuant to a contention protocol, will not exceed the off-axis EIRP
density limits permissible for a single earth station, as specified in
paragraphs (i)(1) through (4) of this section.
(j) Applications for authority for fixed earth station operation in
the conventional C-band, extended C-band, conventional Ku-band,
extended Ku-band, or conventional Ka-band that do not qualify for
routine processing under relevant criteria in this section, Sec.
25.211, or Sec. 25.212 are subject to the requirements in Sec.
25.220.
0
18. Amend Sec. 25.220 by revising paragraph (a) to read as follows:
Sec. 25.220 Non-routine transmit/receive earth station operations.
(a) The requirements in this section apply to applications for, and
operation of, earth stations transmitting in the conventional or
extended C-bands, the conventional or extended Ku-bands, or the
conventional Ka-band that do not qualify for routine licensing under
relevant criteria in Sec. 25.211, Sec. 25.212, or Sec. 25.218.
* * * * *
Sec. 25.221 [Removed and Reserved]
0
19. Remove and reserve Sec. 25.221.
Sec. 25.222 [Removed and Reserved]
0
20. Remove and reserve Sec. 25.222.
Sec. 25.226 [Removed and Reserved]
0
21. Remove and reserve Sec. 25.226.
Sec. 25.227 [Removed and Reserved]
0
22. Remove and reserve Sec. 25.227.
0
23. Add Sec. 25.228 to read as follows:
[[Page 53657]]
Sec. 25.228 Operating and coordination requirements for earth
stations in motion (ESIMs).
(a) ESIM transmissions must comport with the applicable EIRP
density limits in Sec. 25.218, unless coordinated pursuant to the
requirements in Sec. 25.220.
(b) Each ESIM must be self-monitoring and, should a condition occur
that would cause the ESIM to exceed its authorized off-axis EIRP
density limits, the ESIM must automatically cease transmissions within
100 milliseconds, and not resume transmissions until the condition that
caused the ESIM to exceed those limits is corrected.
(c) Each ESIM must be monitored and controlled by a network control
and monitoring center (NCMC) or equivalent facility. Each ESIM must
comply with a ``disable transmission'' command from the NCMC within 100
milliseconds of receiving the command. In addition, the NCMC must
monitor the operation of each ESIM in its network, and transmit a
``disable transmission'' command to any ESIM that operates in such a
way as to exceed the authorized off-axis EIRP density limit for that
ESIM or for all ESIMs that simultaneously transmit on the same
frequency to the same target satellite receiving beam. The NCMC must
not allow the ESIM(s) under its control to resume transmissions until
the condition that caused the ESIM(s) to exceed the authorized EIRP
density limits is corrected.
(d) ESIM licensees must ensure installation of ESIM terminals on
vehicles by qualified installers who have an understanding of the
antenna's radiation environment and the measures best suited to
maximize protection of the general public and persons operating the
vehicle and equipment. An ESIM terminal exhibiting radiation exposure
levels exceeding 1.0 mW/cm\2\ in accessible areas, such as at the
exterior surface of the radome, must have a label attached to the
surface of the terminal warning about the radiation hazard and must
include thereon a diagram showing the regions around the terminal where
the radiation levels could exceed the maximum radiation exposure limit
specified in 47 CFR 1.1310 Table 1.
(e) The following requirements govern all ESV operations:
(1) ESV operators must control all ESVs by a NCMC located in the
United States, except that an ESV on U.S.-registered vessels may
operate under control of a NCMC location outside the United States
provided the ESV operator maintains a point of contact within the
United States that will have the capability and authority to cause an
ESV on a U.S.-registered vessel to cease transmitting if necessary.
(2) There must be a point of contact in the United States, with
phone number and address, available 24 hours a day, seven days a week,
with authority and ability to cease all emissions from the ESVs, either
directly or through the facilities of a U.S. NCMC or a NCMC located in
another country with which the United States has a bilateral agreement
that enables such cessation of emissions.
(3) ESV NCMC operators communicating with ESVs on vessels of
foreign registry must maintain detailed information on each such
vessel's country of registry and a point of contact for the relevant
administration responsible for licensing those ESVs.
(f) For all VMES operations, there must be a point of contact in
the United States, with phone number and address, available 24 hours a
day, seven days a week, with authority and ability to cease all
emissions from the VMESs.
(g) The following requirements govern all ESAA operations:
(1) There must be a point of contact in the United States, with
phone number and address, available 24 hours a day, seven days a week,
with authority and ability to cease all emissions from the ESAAs.
(2) All ESAA terminals operated in U.S. airspace, whether on U.S.-
registered civil aircraft or non-U.S.-registered civil aircraft, must
be licensed by the Commission. All ESAA terminals on U.S.-registered
civil aircraft operating outside of U.S. airspace must be licensed by
the Commission, except as provided by section 303(t) of the
Communications Act.
(3) Prior to operations within a foreign nation's airspace, the
ESAA operator must ascertain whether the relevant administration has
operations that could be affected by ESAA terminals, and must determine
whether that administration has adopted specific requirements
concerning ESAA operations. When the aircraft enters foreign airspace,
the ESAA terminal must operate under the Commission's rules, or those
of the foreign administration, whichever is more constraining. To the
extent that all relevant administrations have identified geographic
areas from which ESAA operations would not affect their radio
operations, ESAA operators may operate within those identified areas
without further action. To the extent that the foreign administration
has not adopted requirements regarding ESAA operations, ESAA operators
must coordinate their operations with any potentially affected
operations.
(h) The following requirements govern all operations in the 3700-
4200 MHz (space-to-Earth) and 5925-6425 MHz (Earth-to-space) frequency
bands of ESVs receiving from or transmitting to GSO satellites in the
Fixed-Satellite Service:
(1) ESVs must not operate in the 5925-6425 MHz (Earth-to-space) and
3700-4200 MHz (space-to-Earth) frequency bands on vessels smaller than
300 gross tons.
(2) ESV operators transmitting in the 5925-6425 MHz (Earth-to-
space) frequency band to GSO satellites in the Fixed-Satellite Service
(FSS) must not seek to coordinate, in any geographic location, more
than 36 megahertz of uplink bandwidth on each of no more than two GSO
FSS satellites.
(3) ESVs, operating while docked, for which coordination with
terrestrial stations in the 3700-4200 MHz band is completed in
accordance with Sec. 25.251, will receive protection from such
terrestrial stations in accordance with the coordination agreements,
for 180 days, renewable for 180 days.
(4) ESVs in motion must not claim protection from harmful
interference from any authorized terrestrial stations to which
frequencies are already assigned, or any authorized terrestrial station
to which frequencies may be assigned in the future in the 3700-4200 MHz
(space-to-Earth) frequency band.
(5) ESVs operating within 200 km from the baseline of the United
States, or within 200 km from a U.S.-licensed fixed service offshore
installation, must complete coordination with potentially affected
U.S.-licensed fixed service operators prior to operation. The
coordination method and the interference criteria objective will be
determined by the frequency coordinator. The details of the
coordination must be maintained and available at the frequency
coordinator, and must be filed with the Commission electronically via
the International Bureau Filing System (http://licensing.fcc.gov/myibfs/) to be placed on public notice. The coordination notifications
must be filed in the form of a statement referencing the relevant call
signs and file numbers. Operation of each individual ESV may commence
immediately after the public notice that identifies the notification
sent to the Commission is released. Continuance of operation of that
ESV for the duration of the coordination term must be dependent upon
successful completion of the normal public notice process. If, prior to
the end of the 30-day comment period of the public notice, any
objections are received from U.S.-licensed Fixed Service operators that
[[Page 53658]]
have been excluded from coordination, the ESV licensee must immediately
cease operation of that particular station on frequencies used by the
affected U.S.-licensed Fixed Service station until the coordination
dispute is resolved and the ESV licensee informs the Commission of the
resolution. As used in this section, ``baseline'' means the line from
which maritime zones are measured. The baseline is a combination of the
low-water line and closing lines across the mouths of inland water
bodies and is defined by a series of baseline points that include
islands and ``low-water elevations,'' as determined by the U.S.
Department of State's Baseline Committee.
(6) An ESV must automatically cease transmission if the ESV
operates in violation of the terms of its coordination agreement,
including, but not limited to, conditions related to speed of the
vessel or if the ESV travels outside the coordinated area, if within
200 km from the baseline of the United States, or within 200 km from a
U.S.-licensed fixed service offshore installation. Transmissions may be
controlled by the ESV network control and monitoring center. The
frequency coordinator may decide whether ESV operators should
automatically cease transmissions if the vessel falls below a
prescribed speed within a prescribed geographic area.
(7) ESV transmissions in the 5925-6425 MHz (Earth-to-space) band
shall not exceed an EIRP spectral density towards the radio-horizon of
17 dBW/MHz, and shall not exceed an EIRP towards the radio-horizon of
20.8 dBW. The ESV network shall shut-off the ESV transmitter if either
the EIRP spectral density towards the radio-horizon or the EIRP towards
the radio-horizon is exceeded.
(i) For ESAA transmissions in the 14.0-14.5 GHz band from
international airspace within line-of-sight of the territory of a
foreign administration where fixed service networks have primary
allocation in this band, the maximum power flux density (pfd) produced
at the surface of the Earth by emissions from a single aircraft
carrying an ESAA terminal must not exceed the following values unless
the foreign Administration has imposed other conditions for protecting
its fixed service stations:
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
-132 + 0.5 [middot] [thgr]........ dB(W/(m\2\ [middot] For....................... [thgr] <= 40[deg].
MHz)).
-112.............................. dB(W/(m\2\ [middot] For....................... 40[deg] <[thgr]
MHz)). <=90[deg].
----------------------------------------------------------------------------------------------------------------
Where: [thgr] is the angle of arrival of the radio-frequency wave
(degrees above the horizontal) and the aforementioned limits relate to
the pfd under free-space propagation conditions.
(j) The following requirements govern all ESIMs transmitting to GSO
satellites in the Fixed-Satellite Service in the 14.0-14.5 GHz band:
(1) Operations of ESIMs in the 14.0-14.2 GHz (Earth-to-space)
frequency band within 125 km (for ESVs and VMESs) or within radio line
of sight (for ESAAs) of the NASA TDRSS facilities on Guam (latitude
13[deg]36'55'' N, longitude 144[deg]51'22'' E), White Sands, New Mexico
(latitude 32[deg]20'59'' N, longitude 106[deg]36'31'' W and latitude
32[deg]32'40'' N, longitude 106[deg]36'48'' W), or Blossom Point,
Maryland (latitude 38[deg]25'44'' N, longitude 77[deg]05'02'' W) are
subject to coordination with the National Aeronautics and Space
Administration (NASA) through the National Telecommunications and
Information Administration (NTIA) Interdepartment Radio Advisory
Committee (IRAC). Licensees must notify the International Bureau once
they have completed coordination. Upon receipt of such notification
from a licensee, the International Bureau will issue a public notice
stating that the licensee may commence operations within the
coordination zone in 30 days if no party has opposed the operations.
When NTIA seeks to provide similar protection to future TDRSS sites
that have been coordinated through the IRAC Frequency Assignment
Subcommittee process, NTIA will notify the Commission's International
Bureau that the site is nearing operational status. Upon public notice
from the International Bureau, all Ku-band ESIM licensees must cease
operations in the 14.0-14.2 GHz band within 125 km (for ESVs and VMESs)
or within radio line of sight (for ESAAs) of the new TDRSS site until
the licensees complete coordination with NTIA/IRAC for the new TDRSS
facility. Licensees must notify the International Bureau once they have
completed coordination for the new TDRSS site. Upon receipt of such
notification from a licensee, the International Bureau will issue a
public notice stating that the licensee may commence operations within
the coordination zone in 30 days if no party has opposed the
operations. The ESIM licensee then will be permitted to commence
operations in the 14.0-14.2 GHz band within 125 km (for ESVs and VMESs)
or within radio line of sight (for ESAAs) of the new TDRSS site,
subject to any operational constraints developed in the coordination
process.
(2) Within 125 km (for ESVs and VMESs) or within radio line of
sight (for ESAAs) of the NASA TDRSS facilities identified in paragraph
(j)(1) of this section, ESIM transmissions in the 14.0-14.2 GHz (Earth-
to-space) band shall not exceed an EIRP spectral density towards the
horizon of 12.5 dBW/MHz, and shall not exceed an EIRP towards the
horizon of 16.3 dBW.
(3) Operations of ESIMs in the 14.47-14.5 GHz (Earth-to-space)
frequency band in the vicinity (for ESVs and VMESs) or within radio
line of sight (for ESAAs) of radio astronomy service (RAS)
observatories observing in the 14.47-14.5 GHz band are subject to
coordination with the National Science Foundation (NSF). The
appropriate NSF contact point to initiate coordination is
Electromagnetic Spectrum Management Unit, NSF, Division of Astronomical
Sciences, 2415 Eisenhower Avenue, Arlington VA 22314; Email:
[email protected]. Licensees must notify the International Bureau once they
have completed coordination. Upon receipt of the coordination agreement
from a licensee, the International Bureau will issue a public notice
stating that the licensee may commence operations within the
coordination zone in 30 days if no party has opposed the operations.
Table 1 provides a list of each applicable RAS site, its location, and
the applicable coordination zone.
Table 1 to Sec. 25.228(j)(3)--Applicable Radio Astronomy Service (RAS) Facilities and Associated Coordination
Distances
----------------------------------------------------------------------------------------------------------------
Observatory Latitude (north) Longitude (west) Radius (km) of coordination zone
----------------------------------------------------------------------------------------------------------------
Arecibo, Observatory, Arecibo, PR.. 18[deg]20'37'' 66[deg]45'11'' Island of Puerto Rico.
Green Bank, WV..................... 38[deg]25'59'' 79[deg]50'23'' 160.
[[Page 53659]]
Very Large Array, near Socorro, NM. 34[deg]04'44'' 107[deg]37'06'' 160.
Pisgah Astronomical Research 35[deg]11'59'' 82[deg]52'19'' 160.
Institute, Rosman, NC.
U of Michigan Radio Astronomy 42[deg]23'56'' 83[deg]56'11'' 160.
Observatory, Stinchfield Woods, MI.
Very Long Baseline Array (VLBA) .................... ................... ................................
stations:
Owens Valley, CA............... 37[deg]13'54'' 118[deg]16'37'' 160 *.
Mauna Kea, HI.................. 19[deg]48'05'' 155[deg]27'20'' 50.
Brewster, WA................... 48[deg]07'52'' 119[deg]41'00'' 50.
Kitt Peak, AZ.................. 31[deg]57'23'' 111[deg]36'45'' 50.
Pie Town, NM................... 34[deg]18'04'' 108[deg]07'09'' 50.
Los Alamos, NM................. 35[deg]46'30'' 106[deg]14'44'' 50.
Fort Davis, TX................. 30[deg]38'06'' 103[deg]56'41'' 50.
North Liberty, IA.............. 41[deg]46'17'' 91[deg]34'27'' 50.
Hancock, NH.................... 42[deg]56'01'' 71[deg]59'12'' 50.
St. Croix, VI.................. 17[deg]45'24'' 64[deg]35'01'' 50.
----------------------------------------------------------------------------------------------------------------
* Owens Valley, CA operates both a VLBA station and single-dish telescopes.
(4) When NTIA seeks to provide similar protection to future RAS
sites that have been coordinated through the IRAC Frequency Assignment
Subcommittee process, NTIA will notify the Commission's International
Bureau that the site is nearing operational status. Upon public notice
from the International Bureau, all Ku-band ESIMs licensees must cease
operations in the 14.47-14.5 GHz band within the relevant geographic
zone (160 kms for single-dish radio observatories and Very Large Array
antenna systems and 50 kms for Very Long Baseline Array antenna systems
for ESVs and VMESs, radio line of sight for ESAAs) of the new RAS site
until the licensees complete coordination for the new RAS facility.
Licensees must notify the International Bureau once they have completed
coordination for the new RAS site and must submit the coordination
agreement to the Commission. Upon receipt of such notification from a
licensee, the International Bureau will issue a public notice stating
that the licensee may commence operations within the coordination zone
in 30 days if no party opposed the operations. The ESIMs licensee then
will be permitted to commence operations in the 14.47-14.5 GHz band
within the relevant coordination distance around the new RAS site,
subject to any operational constraints developed in the coordination
process.
(5) ESIMs licensees must use Global Positioning Satellite-related
or other similar position location technology to ensure compliance with
the provisions of subparagraphs 1-3 of this paragraph.
0
24. Amend Sec. 25.258 by revising paragraph (b) to read as follows:
Sec. 25.258 Sharing between NGSO MSS feeder-link stations and GSO
FSS services in the 29.25-29.5 GHz band.
* * * * *
(b) Licensed GSO FSS earth stations in the vicinity of operational
NGSO MSS feeder-link earth station complexes must, to the maximum
extent possible, operate with frequency/polarization selections that
will minimize unacceptable interference with reception of GSO FSS and
NGSO MSS uplink transmissions in the 29.25-29.5 GHz band. Earth station
licensees operating with GSO FSS systems shall be capable of providing
earth station locations to support coordination of NGSO MSS feeder link
stations under paragraphs (a) and (c) of this section. Operation of
ubiquitously deployed GSO FSS earth stations in the 29.25-29.5 GHz
frequency band must conform to the rules contained in Sec. 25.218(i).
* * * * *
Sec. 25.287 [Amended]
0
25. Amend Sec. 25.287 by removing paragraph (d).
0
26. Add Sec. 25.290 to subpart D to read as follows:
Sec. 25.290 Responsibility of licensee for blanket-licensed earth
station operation.
The holder of an FCC blanket earth station license is responsible
for operation of any earth station under that license. Operators of
satellite networks and systems must not transmit communications to or
from such earth stations in the United States unless such
communications are authorized under a service contract with the holder
of a pertinent FCC blanket earth station license or under a service
contract with another party with authority for such operation delegated
by such a blanket licensee.
[FR Doc. 2019-19810 Filed 10-7-19; 8:45 am]
BILLING CODE 6712-01-P