[Federal Register Volume 78, Number 46 (Friday, March 8, 2013)]
[Rules and Regulations]
[Pages 14920-14932]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04428]



[[Page 14920]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 25

[IB Docket No. 12-376; FCC 12-161]


Earth Stations Aboard Aircraft Communicating With Fixed-Satellite 
Service Geostationary-Orbit Space Stations

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this Report and Order, the Federal Communications 
Commission (Commission) provides for the efficient licensing of two-way 
in-flight broadband services, including Internet access, to passengers 
and flight crews aboard commercial airliners and private aircraft. 
Specifically, the Report and Order establishes technical and licensing 
rules for Earth Stations Aboard Aircraft (ESAA), i.e., earth stations 
on aircraft communicating with Fixed-Satellite Service (FSS) 
geostationary-orbit (GSO) space stations operating in the 10.95-11.2 
GHz, 11.45-11.7 GHz, 11.7-12.2 GHz (space-to-Earth or downlink) and 
14.0-14.5 GHz (Earth-to-space or uplink) frequency bands.

DATES: Effective April 8, 2013, except for Sec. Sec.  25.132(b)(3), and 
25.227(b), (c), and (d), which contain new information collection 
requirements that require approval by the Office of Management and 
Budget (OMB) under the PRA. The Federal Communications Commission will 
publish a document in the Federal Register announcing such approval and 
the relevant effective date.

FOR FURTHER INFORMATION CONTACT: Andrea Kelly, Satellite Division, 
International Bureau, (202) 418-0719, or Howard Griboff, Policy 
Division, International Bureau, (202) 418-1460.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, adopted on December 20, 2012, and released on December 28, 
2012 (FCC 12-161). The full text of this document is available for 
inspection and copying during normal business hours in the Commission 
Reference Center, 445 12th Street SW., Washington, DC 20554. The 
document is also available for download over the Internet at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-161A1.doc. The 
complete text may also be purchased from the Commission's copy 
contractor, Best Copy and Printing, in person at 445 12th Street SW., 
Room CY-B402, Washington, DC 20554, via telephone at (202) 488-5300, 
via facsimile at (202) 488-5563, or via email at 
Commission@bcpiweb.com.

Summary of the Report and Order

    On January 18, 2005, the Commission adopted the Notice of Proposed 
Rulemaking in IB Docket No. 05-20 (Order) (70 FR 20508-01), recognizing 
the emergence of the new market for geostationary-orbit (GSO) Fixed-
Satellite Service (FSS) operations by proposing more flexible use of 
the 11.7-12.2 GHz and 14.0-14.5 GHz bands while protecting existing 
terrestrial and satellite services from harmful interference. The Order 
proposed to allocate the 11.7-12.2 GHz (space-to-Earth) frequency band 
on a primary basis for transmissions to earth stations onboard airborne 
aircraft from GSO FSS space stations, and the 14.0-14.5 GHz (Earth-to-
space) frequency band on a secondary basis for transmissions to GSO FSS 
space stations from earth stations onboard airborne aircraft. The Order 
also proposed technical and licensing rules for these systems. In this 
Report and Order, the Commission allocates ESAA on a primary basis in 
the 11.7-12.2 GHz (space-to-Earth) band, allocating ESAA on an 
unprotected basis in the 10.95-11.2 GHz and 11.45-11.7 GHz (space-to-
Earth) bands, and allocating ESAA on a secondary basis in the 14.0-14.5 
GHz band (Earth-to-space). In addition, this Report and Order requires 
ESAA licensees to coordinate their operations with stations in the 
Space Research Service and the Radioastronomy Service to prevent 
interference and adopts technical rules for the operation of ESAA 
systems to ensure that ESAA systems do not interfere with other FSS 
users or terrestrial Fixed Service (FS) users. Further, this Report and 
Order adopts licensing requirements and operational requirements for 
ESAA for both U.S.-registered aircraft and for non-U.S.-registered 
aircraft operating in U.S. airspace and requires all ESAA licensees to 
operate consistently with the Communications Assistance to Law 
Enforcement Act (CALEA). At this time, the Report and Order declines to 
extend certain requirements concerning 1.5/1.6 GHz safety services to 
other frequency bands, including those used by ESAA.

Final Regulatory Flexibility Analysis

    The Regulatory Flexibility Act of 1980, as amended (RFA), requires 
that a regulatory flexibility analysis be prepared for notice-and-
comment rule making proceedings, unless the agency certifies that ``the 
rule will not, if promulgated, have a significant economic impact on a 
substantial number of small entities.'' The RFA directs agencies to 
provide a description of and, where feasible, an estimate of the number 
of small entities that may be affected by the rules adopted herein. The 
RFA generally defines the term ``small entity'' as having the same 
meaning as the terms ``small business,'' ``small organization,'' and 
``small governmental jurisdiction.'' In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act. A small business concern is one that: (1) 
Is independently owned and operated; (2) is not dominant in its field 
of operation; and (3) satisfies any additional criteria established by 
the Small Business Administration (SBA). In light of the rules adopted 
in this Report and Order, we find that the category of Satellite 
Telecommunications licensees is affected by the new rules. Two economic 
census categories address the satellite industry. The first category 
has a small business size standard of $15 million or less in average 
annual receipts, under SBA rules. The second has a size standard of $25 
million or less in annual receipts. The category of Satellite 
Telecommunications ``comprises establishments primarily engaged in 
providing telecommunications services to other establishments in the 
telecommunications and broadcasting industries by forwarding and 
receiving communications signals via a system of satellites or 
reselling satellite telecommunications.'' Census Bureau data for 2007 
show that 512 Satellite Telecommunications firms that operated for that 
entire year. Of this total, 464 firms had annual receipts of under $10 
million, and 18 firms had receipts of $10 million to $24,999,999. 
Consequently, the Commission estimates that the majority of Satellite 
Telecommunications firms are small entities that might be affected by 
our action. The second category, i.e., ``All Other Telecommunications'' 
comprises ``establishments primarily engaged in providing specialized 
telecommunications services, such as satellite tracking, communications 
telemetry, and radar station operation. This industry also includes 
establishments primarily engaged in providing satellite terminal 
stations and associated facilities connected with one or more 
terrestrial systems and capable of transmitting telecommunications to, 
and receiving telecommunications from, satellite systems. For this 
category, Census Bureau data for 2007 show that there were a total of 
2,383 firms that operated for the entire year. Of this total, 2,347 
firms had annual receipts of under $25 million and 12 firms had

[[Page 14921]]

annual receipts of $25 million to $49,999,999. Consequently, the 
Commission estimates that the majority of All Other Telecommunications 
firms are small entities that might be affected by our action. 
Commission records reveal that there are approximately 20 space station 
licensees and operators in the 10.95-11.2 GHz, 11.45-11.7 GHz, 11.7-
12.2 GHz and 14.0-14.5 GHz frequency bands. The Commission does not 
request or collect annual revenue information concerning such licensees 
and operators, and thus is unable to estimate the number of 
geostationary space station licensees and operators that would 
constitute a small business under the SBA definition cited above, or 
apply any rules providing special consideration for geostationary space 
station licensees and operators that are small businesses. Currently 
there are approximately 2,879 operational Fixed-Satellite Service 
transmit/receive earth stations authorized for use in the band. The 
Commission does not request or collect annual revenue information, and 
thus is unable to estimate the number of earth stations that would 
constitute a small business under the SBA definition. In this Report 
and Order, we require satellite operators to maintain tracking data on 
the location of airborne terminals for one year. This database will 
assist investigations of radio frequency interference claims. ESAA 
operators must name a point of contact to maintain information about 
location and frequencies used by ESAA terminals. Such information will 
assist in investigating radio frequency interference claims. The 
Commission does not expect significant costs associated with these 
proposals. Therefore, we do not anticipate that the burden of 
compliance will be greater for smaller entities. The RFA requires that, 
to the extent consistent with the objectives of applicable statutes, 
the analysis shall discuss significant alternatives such as: (1) The 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance and reporting requirements under the rule for small 
entities; (3) the use of performance, rather than design, standards; 
and (4) an exemption from coverage of the rule, or any part thereof, 
for small entities. In adopting blanket licensing with 15-year terms 
for conforming ESAA terminals, the Report and Order simplifies the 
application process for ESAA and establishes licensing terms consistent 
with other satellite-based services, such as ESV and VMES. Thus, 
adoption of the rules should reduce the costs associated with obtaining 
and maintaining authority to operate an ESAA network.

Final Paperwork Reduction Act of 1995 Analysis

    This Report and Order contains new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13 (44. U.S.C. 3501-3520). The requirements will 
be submitted to the Office of Management and Budget (OMB) for review 
under section 3507(d) of the PRA. OMB, the general public, and other 
Federal agencies will be invited to comment on the new or modified 
information collection requirements contained in this proceeding in a 
separate notice that will be published in the Federal Register inviting 
comment on the new or revised requirements. The requirements will not 
go into effect until OMB has approved them and the Commission has 
published a notice announcing the effective date of the information 
collection requirements. In addition, pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4), we previously sought specific comment on how the Commission 
might further reduce the information collection burden for small 
business concerns with fewer than 25 employees. In Report and Order, we 
have assessed the effects of the new rules that impose various 
requirements on ESAA providers, and find that the collection of 
information requirements will not have a significant impact on small 
business concerns with fewer than 25 employees.

Congressional Review Act

    The Commission will send a copy of this Report and Order to 
Congress and the Government Accountability Office pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

Ordering Clauses

    It is ordered that, pursuant to the authority contained in sections 
4(i), 4(j), 7(a), 302(a), 303(c), 303(e), 303(f), 303(g), 303(j), 
303(r), and 303(y) of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), 154(j), 157(a), 302(a), 303(c), 303(e), 303(f), 303(g), 
303(j), 303(r), 303(y), this Report and Order in IB Docket No. 05-20 is 
adopted.
    It is further ordered that parts 2 and 25 of the Commission's rules 
are amended and shall be effective 30 days after the date of 
publication in the Federal Register, except for Sec. Sec.  
25.132(b)(3), and 25.227(b), (c), and (d), which contain new 
information collection requirements that require approval by the Office 
of Management and Budget (OMB) under the PRA. The Federal 
Communications Commission will publish a document in the Federal 
Register announcing such approval and the relevant effective date.
    It is further ordered that the final regulatory flexibility 
analysis, as required by section 604 of the Regulatory Flexibility Act, 
is adopted.
    It is further ordered that the International Bureau is delegated 
authority to issue Public Notices consistent with this Report and 
Order.
    It is further ordered that IB Docket No. 05-20 is terminated.
    It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center shall send a 
copy of this Report and Order and the related Notice of Proposed 
Rulemaking, including the final regulatory flexibility analysis and 
initial regulatory flexibility analysis, to the Chief Counsel for 
Advocacy of the Small Business Administration, in accordance with 
section 603(a) of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.

List of Subjects in 47 CFR Parts 2 and 25

    Frequency allocations, Satellites.

    Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rule

    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, to read as 
follows:
0
a. Pages 47-49 are revised.
0
b. In the list of United States (US) Footnotes, footnote US133 is added 
in alphanumerical order.
0
c. In the list of non-Federal Government (NG) Footnotes, footnotes 
NG52, NG54, and NG55 are added in alphanumerical order and footnotes 
NG104, NG182, NG184, and NG186 are removed.
    The revisions and additions read as follows:

[[Page 14922]]

Sec.  2.106  Table of Frequency Allocations.

* * * * *
BILLING CODE 6712-01-P

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[GRAPHIC] [TIFF OMITTED] TR08MR13.003


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[GRAPHIC] [TIFF OMITTED] TR08MR13.004

BILLING CODE 6712-01-C

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* * * * *

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 
25.227(c) 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 25.226(d)(2) 
are subject to coordination with the National Science Foundation in 
accordance with 47 CFR 25.227(d).
* * * * *

Non-Federal Government (NG) Footnotes

* * * * *
    NG52 Except as otherwise provided for herein, 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 (FSS) shall be 
limited to international systems, i.e., other than domestic systems. In 
the sub-bands 10.95-11.2 GHz and 11.45-11.7 GHz, Earth Stations on 
Vessels (ESV), Vehicle-Mounted Earth Stations (VMES), and Earth 
Stations Aboard Aircraft (ESAA) as regulated under 47 CFR part 25 may 
be authorized for the reception of FSS emissions from geostationary 
satellites, subject to the condition that these earth stations shall 
not claim protection from transmissions of non-Federal stations in the 
fixed service.
* * * * *
    NG54 In the band 14-14.5 GHz, Earth Stations Aboard Aircraft (ESAA) 
as regulated under 47 CFR part 25 may be authorized to communicate with 
geostationary satellites in the fixed-satellite service (Earth-to-
space), subject to the condition that ESAA shall not claim protection 
from, nor cause interference to, earth stations at given positions 
(where the given position may be a specified fixed point or any fixed 
point within specified areas).
    NG55 In the band 11.7-12.2 GHz, Earth Stations Aboard Aircraft 
(ESAA) as regulated under 47 CFR part 25 are an application of the 
fixed-satellite service and may be authorized to communicate with 
geostationary satellites in the fixed-satellite service (space-to-
Earth) 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. 701-744. Interprets or applies Sections 4, 
301, 302, 303, 307, 309, and 332 of the Communications Act, as 
amended, 47 U.S.C. 154, 301, 302, 303, 307, 309, and 332 unless 
otherwise noted.


0
4. Section 25.115 is amended by revising paragraph (a)(2)(iii) to read 
as follows:


Sec.  25.115  Application for earth station authorizations.

* * * * *
    (a) * * *
    (2) * * *
    (iii) The earth station is not an ESV, VMES or ESAA.
* * * * *

0
5. Section 25.130 is amended by revising paragraph (a) introductory 
text to read as follows:


Sec.  25.130  Filing requirements for transmitting earth stations.

    (a) Applications for a new or modified transmitting earth station 
facility shall be submitted on FCC Form 312, and associated Schedule B, 
accompanied by any required exhibits, except for those earth station 
applications filed on FCC Form 312EZ pursuant to Sec.  25.115(a). All 
such earth station license 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. 
Additional filing requirements for Earth Stations on Vessels are 
described in Sec. Sec.  25.221 and 25.222. Additional filing 
requirements for Vehicle-Mounted Earth Stations are described in Sec.  
25.226. Additional filing requirements for Earth Stations Aboard 
Aircraft are described in Sec.  25.227. In addition, applicants that 
are not required to submit applications on Form 312EZ, other than ESV, 
VMES or ESAA applicants, must submit the following information to be 
used as an ``informative'' in the public notice issued under Sec.  
25.151 as an attachment to their application:
* * * * *

0
6. Section 25.132 is amended by revising paragraph (b)(3) to read as 
follows:


Sec.  25.132  Verification of earth station antenna performance 
standards.

* * * * *
    (b) * * *
    (3) Applicants seeking authority to use an antenna that does not 
meet the standards set forth in Sec.  25.209(a) and (b), pursuant to 
the procedure set forth in Sec.  25.220, Sec.  25.221, Sec.  25.222, 
Sec.  25.223, Sec.  25.226 or Sec.  25.227, are required to submit a 
copy of the manufacturer's range test plots of the antenna gain 
patterns specified in paragraph (b)(1) of this section.
* * * * *

0
7. Section 25.201 is amended by adding a definition of Earth Stations 
Aboard Aircraft (ESAA) in alphabetical order to read as follows:


Sec.  25.201  Definitions.

* * * * *
    Earth Stations Aboard Aircraft (ESAA). ESAA is an earth station or 
earth stations, operating from an aircraft, that receives from and 
transmits to geostationary satellite orbit Fixed-Satellite Service 
space stations and operates within the United States pursuant to the 
requirements set out Sec.  25.227.
* * * * *

0
8. Section 25.202 is amended by adding paragraph (a)(11) to read as 
follows:


Sec.  25.202  Frequencies, frequency tolerance and emission 
limitations.

* * * * *
    (a)(11)(i) The following frequencies are available for use by Earth 
Stations Aboard Aircraft (ESAA):

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)

    (ii) ESAAs shall be authorized as set forth in Sec.  25.227.
* * * * *

0
9. Section 25.203 is amended by revising the introductory text in 
paragraph (c), and paragraphs (d) and (k) to read as follows:


Sec.  25.203  Choice of sites and frequencies.

* * * * *
    (c) Prior to the filing of its application, an applicant for 
operation of an earth station, other than an ESV, VMES or ESAA, shall 
coordinate the proposed frequency usage with existing terrestrial users 
and with applicants for terrestrial station authorizations with 
previously filed applications in accordance with the following 
procedure:
* * * * *
    (d) An applicant for operation of an earth station, other than an 
ESV, VMES or an ESAA, shall also ascertain whether the great circle 
coordination distance contours and rain scatter coordination distance 
contours,

[[Page 14927]]

computed for those values of parameters indicated in Sec.  25.251 
(Appendix 7 of the ITU RR) for international coordination, cross the 
boundaries of another Administration. In this case, the applicant shall 
furnish the Commission copies of these contours on maps drawn to 
appropriate scale for use by the Commission in effecting coordination 
of the proposed earth station with the Administration(s) affected.
* * * * *
    (k) An applicant for operation of an earth station, other than an 
ESV, VMES or an ESAA, that will operate with a geostationary satellite 
or non-geostationary satellite in a shared frequency band in which the 
non-geostationary system is (or is proposed to be) licensed for feeder 
links, shall demonstrate in its applications that its proposed earth 
station will not cause unacceptable interference to any other satellite 
network that is authorized to operate in the same frequency band, or 
certify that the operations of its earth station shall conform to 
established coordination agreements between the operator(s) of the 
space station(s) with which the earth station is to communicate and the 
operator(s) of any other space station licensed to use the band.
* * * * *

0
10. Section 25.204 is amended by adding paragraph (k) to read as 
follows:


Sec.  25.204  Power limits.

* * * * *
    (k) Within radio line-of-sight of the Tracking and Data Relay 
System Satellite (TDRSS) sites identified in Sec.  25.227(c), ESAA 
transmissions in the 14.0-14.2 GHz (Earth-to-space) band shall not 
exceed an EIRP spectral density towards or below the horizon of 12.5 
dBW/MHz, and shall not exceed an EIRP towards or below the horizon of 
16.3 dBW.

0
11. Section 25.205 is amended by adding paragraph (d) to read as 
follows:


Sec.  25.205  Minimum angle of antenna elevation.

* * * * *
    (d) While on the ground, ESAAs shall not be authorized for 
transmission at angles less than 5[deg] measured from the plane of the 
horizon to the direction of maximum radiation. While in flight there is 
no minimum angle of antenna elevation.

0
12. Section 25.209 paragraph (f) is revised to read as follows:


Sec.  25.209  Antenna performance standards.

* * * * *
    (f) An earth station with an antenna not conforming to the 
standards of paragraphs (a) and (b) of this section will be authorized 
only if the applicant meets its burden of demonstrating that its 
antenna will not cause unacceptable interference. For ESVs in the C-
band, this demonstration must comply with the procedures set forth in 
Sec.  25.221. For ESVs in the Ku-band, this demonstration must comply 
with the procedures set forth in Sec.  25.222. For VMES, this 
demonstration shall comply with the procedures set forth in Sec.  
25.226. For ESAAs, this demonstration shall comply with the procedures 
set forth in Sec.  25.227. For feeder-link earth stations in the 17/24 
GHz BSS, this demonstration must comply with the procedures set forth 
in Sec.  25.223. For other FSS earth stations, this demonstration must 
comply with the procedures set forth in Sec. Sec.  25.218 or 25.220. In 
any case, the Commission will impose appropriate terms and conditions 
in its authorization of such facilities and operations.
* * * * *

0
13. Section 25.218 is amended by revising the section heading and 
paragraph (a)(1) to read as follows:


Sec.  25.218  Off-axis EIRP density envelope for FSS earth station 
operators.

    (a) * * *
    (1) ESV, VMES and ESAA Applications
* * * * *

0
14. Section 25.220 is amended by revising paragraph (a)(1) to read as 
follows:


Sec.  25.220  Non-conforming transmit/receive earth station operations.

    (a)(1) This section applies to earth station applications other 
than ESV, VMES, ESAA and 17/24 GHz BSS feeder link applications in 
which the proposed earth station operations do not fall within the 
applicable off-axis EIRP density envelope specified in Sec.  25.218.
* * * * *

0
15. Add Sec.  25.227 to Subpart C of Part 25 to read as follows:


Sec.  25.227  Blanket licensing provisions for Earth Stations Aboard 
Aircraft (ESAAs) 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) 
frequency bands and transmitting in the 14.0-14.5 GHz (Earth-to-space) 
frequency band, operating with Geostationary Satellites in the Fixed-
Satellite Service.

    (a) The following ongoing requirements govern all ESAA licensees 
and operations in the 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 GHz 
(space-to-Earth), 11.7-12.2 GHz (space-to-Earth) and 14.0-14.5 GHz 
(Earth-to-space) frequency bands receiving from and transmitting to 
geostationary orbit satellites in the Fixed-Satellite Service. ESAA 
licensees shall comply with the requirements in either paragraph 
(a)(1), (a)(2) or (a)(3) of this section and all of the requirements 
set forth in paragraphs (a)(4) through (a)(16) and paragraphs (c), (d), 
and (e) of this section. Paragraph (b) of this section identifies items 
that shall be included in the application for ESAA operations to 
demonstrate that these ongoing requirements will be met.
    (1) The following requirements shall apply to an ESAA that uses 
transmitters with off-axis EIRP spectral-densities lower than or equal 
to the levels in paragraph (a)(1)(i) of this section. ESAA licensees 
operating under this section shall provide a detailed demonstration as 
described in paragraph (b)(1) of this section. The ESAA transmitter 
also shall comply with the antenna pointing and cessation of emission 
requirements in paragraphs (a)(1)(ii) and (iii) of this section.
    (i) An ESAA licensee shall not exceed the off-axis EIRP spectral-
density limits and conditions defined in paragraphs (a)(1)(i)(A) 
through (D) of this subsection.
    (A) The off-axis EIRP spectral-density for co-polarized signals 
emitted from the ESAA, in the plane of the geostationary satellite 
orbit (GSO) as it appears at the particular earth station location, 
shall not exceed the following values:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
15 - 10 log10 (N) - 25        dBW/4 kHz......  For.....  1.5[deg] <=
 log10[theta].                                            [theta] <=
                                                          7[deg]
-6 - 10 log10 (N)...........  dBW/4 kHz......  For.....  7[deg] <
                                                          [theta] <=
                                                          9.2[deg]
18 - 10 log10 (N) - 25        dBW/4 kHz......  For.....  9.2[deg] <
 log10[theta].                                            [theta] <=
                                                          48[deg]
-24 - 10 log10 (N)..........  dBW/4 kHz......  For.....  48[deg] <
                                                          [theta] <=
                                                          85[deg]
-14 - 10 log10 (N)..........  dBW/4 kHz......  For.....  85[deg] <
                                                          [theta] <=
                                                          180[deg]
------------------------------------------------------------------------


where theta ([theta]) is the angle in degrees from the line connecting 
the focal point of the antenna to the orbital location of the target 
satellite in the plane of the GSO. The plane of the GSO is determined 
by the focal point of the

[[Page 14928]]

antenna and the line tangent to the arc of the GSO at the orbital 
location of the target satellite. For ESAA networks using frequency 
division multiple access (FDMA) or time division multiple access (TDMA) 
techniques, N is equal to one. For ESAA networks using multiple co-
frequency transmitters that have the same EIRP density, N is the 
maximum expected number of co-frequency simultaneously transmitting 
ESAA earth stations in the same satellite receiving beam. For the 
purpose of this subsection, the peak EIRP density of an individual 
sidelobe shall not exceed the envelope defined above for [theta] 
between 1.5[deg] and 7.0[deg]. For [theta] greater than 7.0[deg], the 
envelope shall be exceeded by no more than 10% of the sidelobes, 
provided no individual sidelobe exceeds the envelope given above by 
more than 3 dB.
    (B) In all directions other than along the GSO, the off-axis EIRP 
spectral-density for co-polarized signals emitted from the ESAA shall 
not exceed the following values:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
18 - 10 log10 (N) - 25log     dBW/4 kHz......  For.....  3.0[deg] <=
 log10[theta].                                            [theta] <=
                                                          48[deg]
-24 - 10 log10 (N)..........  dBW/4 kHz......  For.....  48[deg] <
                                                          [theta] <=
                                                          85[deg]
-14 - 10 log10 (N)..........  dBW/4kHz.......  For.....  85[deg] <
                                                          [theta] <=
                                                          180[deg]
------------------------------------------------------------------------


where [theta] and N are defined in paragraph (a)(1)(i)(A). This off-
axis EIRP spectral-density applies in any plane that includes the line 
connecting the focal point of the antenna to the orbital location of 
the target satellite with the exception of the plane of the GSO as 
defined in paragraph (a)(1)(i)(A) of this section. For the purpose of 
this subsection, the envelope shall be exceeded by no more than 10% of 
the sidelobes provided no individual sidelobe exceeds the EIRP density 
envelope given above by more than 6 dB. The region of the main 
reflector spillover energy is to be interpreted as a single lobe and 
shall not exceed the envelope by more than 6 dB.
    (C) The off-axis EIRP spectral-density for cross-polarized signals 
emitted from the ESAA shall not exceed the following values:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
5 - 10 log10 (N) -            dBW/4kHz.......  For.....  1.8[deg] <
 25log10[theta].                                          [theta] <=
                                                          7[deg]
-16 - 10 log10 (N)..........  dBW/4kHz.......  For.....  7[deg] <
                                                          [theta] <=
                                                          9.2[deg]
------------------------------------------------------------------------


where [theta] and N are defined in paragraph (a)(1)(i)(A). This off-
axis EIRP spectral-density applies in the plane of the geostationary 
satellite orbit as it appears at the particular earth station location.
    (ii) Each ESAA transmitter shall meet one of the following antenna 
pointing requirements:
    (A) Each ESAA transmitter shall maintain a pointing error of less 
than or equal to 0.2[deg] between the orbital location of the target 
satellite and the axis of the main lobe of the ESAA antenna; or
    (B) Each ESAA transmitter shall declare a maximum antenna pointing 
error that may be greater than 0.2[deg] provided that the ESAA does not 
exceed the off-axis EIRP spectral-density limits in paragraph (a)(1)(i) 
of this section, taking into account the antenna pointing error.
    (iii) Each ESAA transmitter shall meet one of the following 
cessation of emission requirements:
    (A) For ESAAs operating under paragraph (a)(1)(ii)(A) of this 
section, all emissions from the ESAA shall automatically cease within 
100 milliseconds if the angle between the orbital location of the 
target satellite and the axis of the main lobe of the ESAA antenna 
exceeds 0.5[deg], and transmission shall not resume until such angle is 
less than or equal to 0.2[deg], or
    (B) For ESAA transmitters operating under paragraph (a)(1)(ii)(B) 
of this section, all emissions from the ESAA shall automatically cease 
within 100 milliseconds if the angle between the orbital location of 
the target satellite and the axis of the main lobe of the ESAA antenna 
exceeds the declared maximum antenna pointing error and shall not 
resume transmissions until such angle is less than or equal to the 
declared maximum antenna pointing error.
    (2) The following requirements shall apply to an ESAA, or ESAA 
system, that uses off-axis EIRP spectral-densities in excess of the 
levels in paragraph (a)(1)(i) of this section. An ESAA, or ESAA 
network, operating under this subsection shall file certifications and 
provide a detailed demonstration as described in paragraph (b)(2) of 
this section.
    (i) The ESAA shall transmit only to the target satellite system(s) 
referred to in the certifications required by paragraph (b)(2) of this 
section.
    (ii) If a good faith agreement cannot be reached between the target 
satellite operator and the operator of a future satellite that is 
located within 6 degrees longitude of the target satellite, the ESAA 
operator shall accept the power-density levels that would accommodate 
that adjacent satellite.
    (iii) The ESAA shall operate in accordance with the off-axis EIRP 
spectral-densities that the ESAA supplied to the target satellite 
operator in order to obtain the certifications listed in paragraph 
(b)(2) of this section. The ESAA shall automatically cease emissions 
within 100 milliseconds if the ESAA transmitter exceeds the off-axis 
EIRP spectral-densities supplied to the target satellite operator and 
transmission shall not resume until ESAA conforms to the off-axis EIRP 
spectral densities supplied to the target satellite operator.
    (iv) In the event that a coordination agreement discussed in 
paragraph (b)(2)(ii) of this section is reached, but that coordination 
agreement does not address protection from interference for the earth 
station, that earth station will be protected from interference to the 
same extent that an earth station that meets the requirements of Sec.  
25.209 of this title would be protected from interference.
    (3) The following requirements shall apply to an ESAA system that 
uses variable power-density control of individual simultaneously 
transmitting co-frequency ESAA earth stations in the same satellite 
receiving beam. An ESAA system operating under this subsection shall 
provide a detailed demonstration as described in paragraph (b)(3) of 
this section.
    (i) The effective aggregate EIRP density from all terminals shall 
be at least 1 dB below the off-axis EIRP density limits defined in 
paragraph (a)(1)(i)(A) through (C), with the value of N=1. In this 
context the term ``effective'' means that the resultant co-polarized 
and cross-polarized EIRP density experienced by any GSO or non-GSO 
satellite shall not exceed that produced by a single transmitter 
operating 1 dB below the limits defined in paragraph (a)(1)(i)(A) 
through (C). The individual ESAA transmitter shall automatically cease 
emissions within 100

[[Page 14929]]

milliseconds if the ESAA transmitter exceeds the off-axis EIRP density 
limits minus 1 dB specified above. If one or more ESAA transmitters 
causes the aggregate off-axis EIRP-densities to exceed the off-axis 
EIRP density limits minus 1dB specified above, then the transmitter or 
transmitters shall cease or reduce emissions within 100 milliseconds of 
receiving a command from the system's network control and monitoring 
center. An ESAA system operating under this subsection shall provide a 
detailed demonstration as described in paragraph (b)(3)(i) of this 
section.
    (ii) The following requirements shall apply to an ESAA that uses 
off-axis EIRP spectral-densities in excess of the levels in paragraph 
(a)(3)(i) of this section. An ESAA system operating under this 
subsection shall file certifications and provide a detailed 
demonstration as described in paragraphs (b)(3)(ii) and (b)(3)(iii) of 
this section.
    (A) If a good faith agreement cannot be reached between the target 
satellite operator and the operator of a future satellite that is 
located within 6 degrees longitude of the target satellite, the ESAA 
shall operate at an EIRP density defined in (a)(3)(i) of this section.
    (B) The ESAA shall operate in accordance with the off-axis EIRP 
spectral-densities that the ESAA supplied to the target satellite 
operator in order to obtain the certifications listed in paragraph 
(b)(3)(ii) of this section. The individual ESAA terminals shall 
automatically cease emissions within 100 milliseconds if the ESAA 
transmitter exceeds the off-axis EIRP spectral-densities supplied to 
the target satellite operator. The overall system shall be capable of 
shutting off an individual transmitter or the entire system if the 
aggregate off-axis EIRP spectral-densities exceed those supplied to the 
target satellite operator.
    (C) The ESAA shall transmit only to the target satellite system(s) 
referred to in the certifications required by paragraph (b)(3) of this 
section.
    (4) An applicant filing to operate an ESAA terminal or system and 
planning to use a contention protocol shall certify that its contention 
protocol use will be reasonable.
    (5) There shall 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 ESAA.
    (6) For each ESAA transmitter, a record of the vehicle location 
(i.e., latitude/longitude/altitude), transmit frequency, channel 
bandwidth and satellite used shall be time annotated and maintained for 
a period of not less than one year. Records shall be recorded at time 
intervals no greater than one (1) minute while the ESAA is 
transmitting. The ESAA operator shall make this data available, in the 
form of a comma delimited electronic spreadsheet, within 24 hours of a 
request from the Commission, NTIA, or a frequency coordinator for 
purposes of resolving harmful interference events. A description of the 
units (i.e., degrees, minutes, MHz * * *.) in which the records values 
are recorded will be supplied along with the records.
    (7) In the 10.95-11.2 GHz (space-to-Earth) and 11.45-11.7 GHz 
(space-to-Earth) frequency bands ESAAs shall not claim protection from 
interference from any authorized terrestrial stations to which 
frequencies are either already assigned, or may be assigned in the 
future.
    (8) An ESAA terminal receiving in the 11.7-12.2 GHz (space-to-
Earth) bands shall 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 an 
earth station employing an antenna conforming to the referenced 
patterns defined in paragraphs (a) and (b) of section 25.209 and 
stationary at the location at which any interference occurred.
    (9) Each ESAA terminal shall automatically cease transmitting 
within 100 milliseconds upon loss of reception of the satellite 
downlink signal or when it detects that unintended satellite tracking 
has happened or is about to happen.
    (10) Each ESAA terminal should be subject to the monitoring and 
control by an NCMC or equivalent facility. Each terminal must be able 
to receive at least ``enable transmission'' and ``disable 
transmission'' commands from the NCMC and must automatically cease 
transmissions immediately on receiving any ``parameter change 
command,'' which may cause harmful interference during the change, 
until it receives an ``enable transmission'' command from its NCMC. In 
addition, the NCMC must be able to monitor the operation of an ESAA 
terminal to determine if it is malfunctioning.
    (11) Each ESAA terminal shall be self-monitoring and, should a 
fault which can cause harmful interference to FSS networks be detected, 
the terminal must automatically cease transmissions.
    (12) Unless otherwise stated all ESAA system that comply with the 
off-axis EIRP spectral-density limits in paragraph (a)(1)(i) of this 
section may request ALSAT authority.
    (13) ESAA providers operating in the 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 should 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\       For.....  [thgr] <=
                               [middot] MHz)).            40[deg]
-112........................  dB(W/(m\2\       For.....  40[deg] <
                               [middot] MHz)).            [thgr] <=
                                                          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 and angles of arrival would be obtained under free-space 
propagation conditions.
    (14) All ESAA terminals operated in U.S. airspace must be licensed 
by the Commission.
    (15) 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.
    (16) Prior to operations within the foreign nation's airspace, the 
ESAA operator will ascertain whether the relevant administration has 
operations that could be affected by ESAA terminals, and will determine 
whether that administration has adopted specific requirements 
concerning ESAA operations. When the aircraft enters foreign airspace, 
the ESAA terminal would be required to 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 would be free to operate within 
those identified areas without further action. To the

[[Page 14930]]

extent that the foreign administration has not adopted requirements 
regarding ESAA operations, ESAA operators would be required to 
coordinate their operations with any potentially affected operations.
    (b) Applications for ESAA operation in the 14.0-14.5 GHz (Earth-to-
space) band to GSO satellites in the Fixed-Satellite Service shall 
include, in addition to the particulars of operation identified on Form 
312, and associated Schedule B, the applicable technical demonstrations 
in paragraphs (b)(1), (b)(2) or (b)(3) and the documentation identified 
in paragraphs (b)(4) through (b)(8) of this section.
    (1) An ESAA applicant proposing to implement a transmitter under 
paragraph (a)(1) of this section shall demonstrate that the transmitter 
meets the off-axis EIRP spectral-density limits contained in paragraph 
(a)(1)(i) of this section. To provide this demonstration, the 
application shall include the tables described in paragraph (b)(1)(i) 
of this section or the certification described in paragraph (b)(1)(ii) 
of this section. The ESAA applicant also shall provide the value N 
described in paragraph (a)(1)(i)(A) of this section. An ESAA applicant 
proposing to implement a transmitter under paragraph (a)(1)(ii)(A) of 
this section shall provide the certifications identified in paragraph 
(b)(1)(iii) of this section. An ESAA applicant proposing to implement a 
transmitter under paragraph (a)(1)(ii)(B) of this section shall provide 
the demonstrations identified in paragraph (b)(1)(iv) of this section.
    (i) Any ESAA applicant filing an application pursuant to paragraph 
(a)(1) of this section shall file three tables and/or graphs depicting 
off-axis EIRP density masks defined by Sec.  25.227(a) and measured 
off-axis EIRP density levels of the proposed earth station antenna in 
the direction of the plane of the GSO; the co-polarized EIRP density in 
the elevation plane, that is, the plane perpendicular to the plane of 
the GSO; and cross-polarized EIRP density. Each table shall provide the 
EIRP density level at increments of 0.1[deg] for angles between 0[deg] 
and 10[deg] off-axis, and at increments of 5[deg] for angles between 
10[deg] and 180[deg] off-axis.
    (A) For purposes of the off-axis EIRP density table in the plane of 
the GSO, the off-axis angle is the angle in degrees from the line 
connecting the focal point of the antenna to the orbital location of 
the target satellite, and the plane of the GSO is determined by the 
focal point of the antenna and the line tangent to the arc of the GSO 
at the orbital position of the target satellite.
    (B) For purposes of the off-axis co-polarized EIRP density table in 
the elevation plane, the off-axis angle is the angle in degrees from 
the line connecting the focal point of the antenna to the orbital 
location of the target satellite, and the elevation plane is defined as 
the plane perpendicular to the plane of the GSO defined in paragraph 
(b)(1)(i)(A) of this section.
    (C) For purposes of the cross-polarized EIRP density table, the 
off-axis angle is the angle in degrees from the line connecting the 
focal point of the antenna to the orbital location of the target 
satellite and the plane of the GSO as defined in paragraph (b)(1)(i)(A) 
of this section will be used.
    (ii) An ESAA applicant shall include a certification, in Schedule 
B, that the ESAA antenna conforms to the gain pattern criteria of Sec.  
25.209(a) and (b), that, combined with the maximum input power density 
calculated from the EIRP density less the antenna gain, which is 
entered in Schedule B, demonstrates that the off-axis EIRP spectral 
density envelope set forth in paragraphs (a)(1)(i)(A) through 
(a)(1)(i)(C) of this section will be met under the assumption that the 
antenna is pointed at the target satellite.
    (iii) An ESAA applicant proposing to implement a transmitter under 
paragraph (a)(1)(ii)(A) of this section shall:
    (A) Demonstrate that the total tracking error budget of their 
antenna is within 0.2[deg] or less between the orbital location of the 
target satellite and the axis of the main lobe of the ESAA antenna. As 
part of the engineering analysis, the ESAA applicant must show that the 
antenna pointing error is within three sigma ([bcy]) from the mean 
value; and
    (B) Demonstrate that the antenna tracking system is capable of 
ceasing emissions within 100 milliseconds if the angle between the 
orbital location of the target satellite and the axis of the main lobe 
of the ESAA antenna exceeds 0.5[deg].
    (iv) An ESAA applicant proposing to implement a transmitter under 
paragraph (a)(1)(ii)(B) of this section shall:
    (A) Declare, in its application, a maximum antenna pointing error 
and demonstrate that the maximum antenna pointing error can be achieved 
without exceeding the off-axis EIRP spectral-density limits in 
paragraph (a)(1)(i) of this section; and
    (B) Demonstrate that the ESAA transmitter can detect if the 
transmitter exceeds the declared maximum antenna pointing error and can 
cease transmission within 100 milliseconds if the angle between the 
orbital location of the target satellite and the axis of the main lobe 
of the ESAA antenna exceeds the declared maximum antenna pointing 
error, and will not resume transmissions until the angle between the 
orbital location of the target satellite and the axis of the main lobe 
of the ESAA antenna is less than or equal to the declared maximum 
antenna pointing error.
    (2) An ESAA applicant proposing to implement a transmitter under 
paragraph (a)(2) of this section and using off-axis EIRP spectral-
densities in excess of the levels in paragraph (a)(1)(i) of this 
section shall provide the following certifications and demonstration as 
exhibits to its earth station application:
    (i) A statement from the target satellite operator certifying that 
the proposed operation of the ESAA has the potential to receive harmful 
interference from adjacent satellite networks that may be unacceptable.
    (ii) A statement from the target satellite operator certifying that 
the power density levels that the ESAA applicant provided to the target 
satellite operator are consistent with the existing coordination 
agreements between its satellite(s) and the adjacent satellite systems 
within 6[deg] of orbital separation from its satellite(s).
    (iii) A statement from the target satellite operator certifying 
that it will include the power-density levels of the ESAA applicant in 
all future coordination agreements.
    (iv) A demonstration from the ESAA operator that the ESAA system 
will comply with all coordination agreements reached by the satellite 
operator and is capable of detecting and automatically ceasing 
emissions within 100 milliseconds when the transmitter exceeds the off-
axis EIRP spectral-densities supplied to the target satellite operator.
    (3) An ESAA applicant proposing to implement an ESAA system under 
paragraph (a)(3) of this section and using variable power-density 
control of individual simultaneously transmitting co-frequency ESAA 
earth stations in the same satellite receiving beam shall provide the 
following certifications and demonstration as exhibits to its earth 
station application:
    (i) The applicant shall make a detailed showing of the measures it 
intends to employ to maintain the effective aggregate EIRP density from 
all simultaneously transmitting co-frequency terminals operating with 
the same satellite transponder at least 1 dB below the off-axis EIRP 
density limits defined in paragraphs (a)(1)(i)(A) through (C) of this 
section. In this context the term ``effective'' means that

[[Page 14931]]

the resultant co-polarized and cross-polarized EIRP density experienced 
by any GSO or non-GSO satellite shall not exceed that produced by a 
single ESAA transmitter operating at 1 dB below the limits defined in 
paragraphs (a)(1)(i)(A) through (C) of this section. The applicant also 
must demonstrate that an individual transmitter and the entire ESAA 
system is capable of automatically ceasing emissions within 100 
milliseconds if the aggregate off-axis EIRP-densities exceed the off-
axis EIRP density limits minus 1 dB, as set forth in paragraph 
(a)(3)(i) of this section. The International Bureau will place this 
showing on public notice along with the application.
    (ii) An applicant proposing to implement an ESAA system under 
paragraph (a)(3)(ii) of this section that uses off-axis EIRP spectral-
densities in excess of the levels in paragraph (a)(3)(i) of this 
section shall provide the following certifications, demonstration and 
list of satellites as exhibits to its earth station application:
    (A) A detailed showing of the measures the applicant intends to 
employ to maintain the effective aggregate EIRP density from all 
simultaneously transmitting co-frequency terminals operating with the 
same satellite transponder at the EIRP density limits supplied to the 
target satellite operator. The International Bureau will place this 
showing on Public Notice along with the application.
    (B) A statement from the target satellite operator certifying that 
the proposed operation of the ESAA has the potential to create harmful 
interference to satellite networks adjacent to the target satellite(s) 
that may be unacceptable.
    (C) A statement from the target satellite operator certifying that 
the aggregate power-density levels that the ESAA applicant provided to 
the target satellite operator are consistent with the existing 
coordination agreements between its satellite(s) and the adjacent 
satellite systems within 6[deg] of orbital separation from its 
satellite(s).
    (D) A statement from the target satellite operator certifying that 
it will include the aggregate power-density levels of the ESAA 
applicant in all future coordination agreements.
    (E) A demonstration from the ESAA operator that the ESAA system is 
capable of detecting and automatically ceasing emissions within 100 
milliseconds when an individual transmitter exceeds the off-axis EIRP 
spectral-densities supplied to the target satellite operator and that 
the overall system is capable of shutting off an individual transmitter 
or the entire system if the aggregate off-axis EIRP spectral-densities 
exceed those supplied to the target satellite operator.
    (F) An identification of the specific satellite or satellites with 
which the ESAA system will operate.
    (4) There shall be an exhibit included with the application 
describing the geographic area(s) in which the ESAA will operate.
    (5) Any ESAA applicant filing for an ESAA terminal or system and 
planning to use a contention protocol shall include in its application 
a certification that will comply with the requirements of paragraph 
(a)(4) of this section.
    (6) The point of contact referred to in paragraph (a)(5) of this 
section shall be included in the application.
    (7) Any ESAA applicant filing for an ESAA terminal or system shall 
include in its application a certification that will comply with the 
requirements of paragraphs (a)(6), (a)(9), (a)(10), and (a)(11) of this 
section.
    (8) All ESAA applicants shall 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. ESAA applicants with ESAA terminals that will exceed the 
guidelines in Sec.  1.1310 of this chapter for radio frequency 
radiation exposure shall provide, with their environmental assessment, 
a plan for mitigation of radiation exposure to the extent required to 
meet those guidelines. All ESAA licensees shall ensure installation of 
ESAA terminals on aircraft 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 ESAA terminal exhibiting 
radiation exposure levels exceeding 1.0 mW/cm\2\ in accessible areas, 
such as at the exterior surface of the radome, shall have a label 
attached to the surface of the terminal warning about the radiation 
hazard and shall include thereon a diagram showing the regions around 
the terminal where the radiation levels could exceed 1.0 mW/cm\2\.
    (c)(1) Operations of ESAAs in the 14.0-14.2 GHz (Earth-to-space) 
frequency band in the radio line-of-sight of the NASA TDRSS facilities 
on Guam (latitude 13[deg]36'55'' N, longitude 144[deg]51'22'' E) or 
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) 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 shall 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.
    (2) 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 ESAA licensees shall cease 
operations in the 14.0-14.2 GHz band within radio line-of-sight of the 
new TDRSS site until the licensees complete coordination with NTIA/IRAC 
for the new TDRSS facility. Licensees shall 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 ESAA licensee then will be permitted to 
commence operations in the 14.0-14.2 GHz band within radio line-of-
sight of the new TDRSS site, subject to any operational constraints 
developed in the coordination process.
    (d)(1) Operations of ESAA in the 14.47-14.5 GHz (Earth-to-space) 
frequency band in the radio line-of-sight 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 Manager, NSF, 4201 Wilson Blvd., Suite 1045, 
Arlington VA 22203, fax 703-292-9034, email esm@nsf.gov. Licensees 
shall 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.
    (2) A list of applicable RAS sites and their locations can be found 
in Sec.  25.226(d)(2) Table 1.

[[Page 14932]]

    (3) 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 ESAA licensees shall cease 
operations in the 14.47-14.5 GHz band within the relevant geographic 
zone of the new RAS site until the licensees complete coordination for 
the new RAS facility. Licensees shall notify the International Bureau 
once they have completed coordination for the new RAS site and shall 
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 has opposed the 
operations. The ESAA 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.

[FR Doc. 2013-04428 Filed 3-7-13; 8:45 am]
BILLING CODE 6712-01-P