[Federal Register Volume 79, Number 91 (Monday, May 12, 2014)]
[Rules and Regulations]
[Pages 26863-26868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10876]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 25
[IB Docket No. 12-376; FCC 14-45]
Commission's Rules Governing the Use of Earth Stations Aboard
Aircraft Communicating With Fixed-Satellite Service Geostationary-Orbit
Space Stations Operating in the Ku-Bands
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) promotes regulatory parity for Earth Stations Aboard
Aircraft (ESAA) by adopting a primary allocation for ESAA in the 14.0-
14.5 GHz band. The Commission also provides regulatory certainty by
clarifying some of the ESAA rules.
DATES: Effective June 11, 2014.
FOR FURTHER INFORMATION CONTACT: Jennifer Balatan or Howard Griboff,
Policy Division, International Bureau, (202) 418-1460.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Report and Order and Order on Reconsideration (Second R&O and Recon
Order), FCC 14-45, adopted on April 17, 2014, and released on April 18,
2014. 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://transition.fcc.gov/Daily_Releases/Daily_Business/2014/db0418/FCC-14-45A1.pdf. The
complete text may also be purchased from the Commission's
[[Page 26864]]
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
[email protected].
Summary
1. On June 30, 2009, the Commission adopted the ESAA Notice of
Proposed Rulemaking and Report and Order in IB Docket No. 07-101 (ESAA
NPRM & Order), 78 FR 14920-01, March 8, 2013, (Final Rule), as amended
at 78 FR 67309-01, November 12, 2013, and 78 FR 14952-01 (Notice),
March 8, 2013, as amended at 78 FR 19172-01, March 29, 2013,
establishing licensing and service rules for ESAA operating in the
14.0-14.5 GHz/11.7-12.2 GHz (Ku-band) frequencies. In the Second R&O
and Recon Order, the Commission elevates ESAA from secondary status to
primary status in the 14.0-14.5 GHz band and, as a result, modifies
Non-governmental footnote NG55 in the U.S. Table of Frequency
Allocations. The Second R&O and Recon Order also addresses several
issues raised by a Petition for Reconsideration and Clarification filed
by The Boeing Company (Boeing) with respect to discrete portions of the
ESAA rules adopted in the ESAA NPRM & Order. First, the Second R&O and
Recon Order clarifies the language in Sec. Sec. 25.103 and
25.227(a)(14) to make clear that the Commission licenses ESAA terminals
on all U.S.-registered civil aircraft regardless of whether that
aircraft is operating within or outside of U.S. territory. The Second
R&O and Recon Order also clarifies Sec. 25.227(b)(3)(i) to more
closely reflect the language in the ESAA NPRM & Order and in Sec.
25.222(b)(3)(ii) of the rules for Earth Stations on Vessels. Further,
the Second R&O and Recon Order clarifies the meaning of sigma in Sec.
25.227(b)(1)(iii)(A), which sets forth the licensing requirement for
demonstrating compliance with antenna pointing error limitations.
Final Regulatory Flexibility Analysis
2. 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 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 which: (1) Is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the U.S. Small
Business Administration (SBA).
3. In light of the rules adopted in the Second R&O and Recon Order,
we find that there are only two categories of licensees that would be
affected by the new rules. These categories of licensees are Satellite
Telecommunications and Fixed-Satellite Transmit/Receive Earth Stations.
The SBA has determined that the small business size standard for
Satellite Telecommunications is a business that has $30 million or less
in average annual receipts. Commission records reveal that there are 20
space station licensees and operators in the Ku-band. We do not request
or collect annual revenue information concerning such licensees and
operators, and thus are 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 transmit/receive earth
stations authorized for use in the Ku-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. Of the two classifications of
licensees, we estimate that approximately six (6) entities will provide
ESAA service. For the reasons described below, we certify that the
clarification to the rules adopted in the Second R&O and Recon Order
will not have a significant economic impact on a substantial number of
small entities.
4. In the ESAA NPRM & Order, the Commission tentatively concluded
that ESAA should be authorized on a primary basis in the 14.0-14.5 GHz
uplink band, noting that several parties had argued that regulatory
parity calls for ESAA to be primary, just like ESV and VMES are primary
in that band. The Commission proposed to revise footnote NG55 which
would grant primary status to ESAA in the 14.0-14.5 GHz band, and, as
an administrative matter, combine ESV, VMES and ESAA into the same
footnote as applications of the FSS with primary status in the 11.7-
12.2 GHz and 14.0-14.5 GHz bands.
5. In the Second R&O and Recon Order, the Commission adopted its
tentative conclusion to grant primary status to ESAA operators in the
14.0-14.5 GHz band. The Commission also made a minor administrative
change to Sec. 25.227(b)(2)(i) of the Commission's rules by replacing
the word ``receive'' with the word ``create'' in that rule,
acknowledging that the term ``receive'' was incorrectly put into the
rule originally. The Commission does not expect a substantial number of
small entities to incur significant costs associated with the changes
adopted in this Second R&O and Recon Order. The change from secondary
status to primary status in the 14.0-14.5 GHz band will benefit both
large and small entities by allowing greater regulatory certainty in
providing ESAA service. In addition, the administrative change to Sec.
25.227(b)(2)(i) is a ``clean-up'' change involving no substantive
decision of significance to small business or the industry in general.
Overall, we believe these changes do not impose a significant economic
impact on small entities. Therefore, we certify that the requirements
adopted in the Second R&O and Recon Order will not have a significant
economic impact on a substantial number of small entities.
6. The ESAA NPRM & Order established service and licensing rules
for ESAA operations based on the rules adopted for VSAT networks as
well as ESV and VMES networks, noting that authorizing ESAA operations
in the FSS Ku-band presented many technical issues that are similar to
authorizing the ESV and VMES operations in that band. ESAA terminals
communicate with FSS GSO space stations operating in the extended Ku-
band (10.95-11.2 GHz and 11.45-11.7 GHz bands) and conventional Ku-band
(11.7-12.2 GHz and 14.0-14.5 GHz bands). As part of the ESAA service
rules, the Commission adopted technical measures to protect other radio
services in the Ku-band, including the FSS and FS (in the extended Ku-
band), from harmful interference. The Commission also adopted a
regulatory framework for ESAA systems on U.S.-registered aircraft
operating in or near foreign nations and over international waters and
non-U.S.-registered aircraft operating in U.S. airspace.
7. The Commission does not expect small entities to incur
significant costs associated with the changes adopted in the Second R&O
and Recon Order. The changes will benefit both large and small entities
by allowing greater regulatory certainty in providing ESAA service. We
believe these changes are nominal and do not impose a significant
economic impact on small entities. Therefore, we certify that the
requirements adopted in the Second
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R&O and Recon Order will not have a significant economic impact on a
substantial number of small entities.
Paperwork Reduction Act of 1995 Analysis
8. The Second R&O and Recon Order does not contain new or modified
information collection requirements subject to the Paperwork Reduction
Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it does
not contain any new or modified 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). The Commission will send a copy of this Second R&O
and Recon 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
9. It is ordered that, pursuant to sections 4(i), 7, 302, 303(c),
303(e), 303(f) and 303(r) of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 157, 302a, 303(c), 303(e), 303(f) and
303(r), the Second Report and Order and Order on Reconsideration is
adopted. Part 25 of the Commission's rules is amended June 11, 2014.
10. It is further ordered that the Petition for Reconsideration
filed by The Boeing Company is granted in part to the extent described
above and is denied in all other respects.
11. It is further ordered that the Final Regulatory Flexibility
Certifications, as required by section 604 of the Regulatory
Flexibility Act, are adopted.
12. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of the Second Report and Order and Order on Reconsideration
including the Final Regulatory Flexibility Certifications, to the Chief
Counsel for Advocacy of the Small Business Administration.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
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, as follows:
0
a. Revise pages 47 and 49.
0
b. In the list of ``Non-Federal Government (NG) Footnotes,'' revise
footnote NG55 and remove footnotes NG54, NG183 and NG187.
The revisions read as follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
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* * * * *
NON-FEDERAL GOVERNMENT (NG) FOOTNOTES
* * * * *
NG55 In the bands 11.7-12.2 GHz (space-to-Earth) and 14.0-14.5 GHz
(Earth-to-space), Earth Stations on Vessels (ESV), Vehicle-Mounted
Earth Stations (VMES), and Earth Stations Aboard Aircraft (ESAA) as
regulated under 47 CFR part 25 are applications of the fixed-satellite
service and may be authorized to communicate with geostationary
satellites in the fixed-satellite service on a primary basis.
* * * * *
PART 25--SATELLITE COMMUNICATIONS
0
3. The authority citation for part 25 continues to read as follows:
Authority: Interprets or applies sections 4, 301, 302, 303,
307, 309, 319, 332, 705 and 721 of the Communications Act as
amended, 47 U.S.C. 154, 301, 302, 303, 307, 309, 319, 332, 605 and
721, unless otherwise noted.
0
4. Amend Sec. 25.103 by revising the definition of ``Earth Stations
Aboard Aircraft (ESAA)'' to read as follows:
Sec. 25.103 Definitions.
* * * * *
Earth Stations Aboard Aircraft (ESAA). Earth stations operating
aboard aircraft that receive from and transmit to geostationary-orbit
Fixed-Satellite Service space stations pursuant to the requirements in
Sec. 25.227.
* * * * *
0
5. Amend Sec. 25.227 by revising paragraphs (a)(14), (b)(1)(iii)(A),
(b)(2)(i), and the second to last sentence of paragraph (b)(3)(i) 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) * * *
(14) 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.
* * * * *
(b) * * *
(1) * * *
(iii) * * *
(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, i.e., that there is a 0.997 probability the antenna maintains a
pointing error within 0.2[deg]; and
* * * * *
(2) * * *
(i) 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.
* * * * *
(3) * * *
(i) * * * The ESAA applicant also shall provide a detailed showing
that one or more transmitters are capable of automatically ceasing or
reducing emissions within 100 milliseconds of receiving a command from
the system's network control and monitoring center that the aggregate
off-axis EIRP spectral-densities of the transmitter or transmitters
exceed the off-axis EIRP-density limits specified in paragraph
(a)(3)(i) of this section. * * *
* * * * *
[FR Doc. 2014-10876 Filed 5-9-14; 8:45 am]
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