[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Proposed Rules]
[Pages 3258-3279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31795]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 25
[IB Docket No. 16-408; FCC 16-170]
Updates Concerning Non-Geostationary, Fixed-Satellite Service
Systems and Related Matters
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: The Federal Communications Commission proposes to update,
clarify, and streamline its rules to facilitate the deployment of
recently proposed non-geostationary-satellite orbit (NGSO), fixed-
satellite service (FSS) satellite systems.
DATES: Comments are due February 27, 2017. Reply comments are due March
27, 2017.
ADDRESSES: You may submit comments, identified by IB Docket No. 16-408,
by any of the following methods:
Federal Communications Commission's Web site: 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: Clay DeCell, 202-418-0803.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM), FCC 16-170, adopted December 14, 2016,
and released December 15, 2016. The full text of the NPRM is available
at https://apps.fcc.gov/edocs_public/attachmatch/FCC-16-170A1.pdf. The
NPRM 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
[[Page 3259]]
& Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432
(TTY).
Comment Filing Requirements
Interested parties may file comments and reply comments on or
before the dates indicated in the DATES section above. Comments may be
filed using the Commission's Electronic Comment Filing System (ECFS).
Electronic Filers. Comments may be filed electronically
using the Internet by accessing the ECFS, http://apps.fcc.gov/ecfs.
Paper Filers. Parties who file by paper must include an
original and four copies of each filing.
Filings may be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.
[cir] All hand-delivered or messenger-delivered paper filings for
the Commission's Secretary must be delivered to FCC Headquarters at 445
12th Street SW., Room TW-A325, Washington, DC 20554. All hand
deliveries must be held together with rubber bands or fasteners. Any
envelopes must be disposed of before entering the building.
[cir] Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
[cir] U.S. Postal Service first-class, Express, and Priority mail
must be addressed to 445 12th Street SW., Washington, DC 20554.
Persons with Disabilities. To request materials in
accessible formats for persons with disabilities (braille, large print,
electronic files, audio format), or to request reasonable
accommodations for filing comments (accessible format documents, sign
language interpreters, CART, etc.), send an email to [email protected] or
call 202-418-0530 (voice) or 202-418-0432 (TTY).
Ex Parte Presentations
Pursuant to 47 CFR 1.1200(a), this proceeding will be treated as a
``permit-but-disclose'' proceeding in accordance with the Commission's
ex parte rules. Persons making ex parte presentations must file a copy
of any written presentation or a memorandum summarizing any oral
presentation within two business days after the presentation (unless a
different deadline applicable to the Sunshine period applies). Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentation must (1) list all persons attending or
otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where
such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with 47 CFR 1.1206(b). In proceedings governed by
47 CFR 1.49(f) or for which the Commission has made available a method
of electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
Paperwork Reduction Act
This document contains proposed new and modified information
collection requirements. The Commission, as part of its continuing
effort to reduce paperwork burdens, invites the general public and the
Office of Management and Budget to comment on the information
collection requirements contained in this document, as required by the
Paperwork Reduction Act of 1995. In addition, pursuant to the Small
Business Paperwork Relief Act of 2002, we seek specific comment on how
we might further reduce the information collection burden for small
business concerns with fewer than 25 employees.
Synopsis
In this NPRM, we propose revisions to certain of the Commission's
rules and policies governing satellite services, prompted by a planned
new generation of large NGSO FSS systems. We propose to update,
clarify, and streamline our rules to facilitate the deployment of NGSO
FSS systems, which have the capability to provide services, including
Internet access, to underserved communities worldwide. We also propose
to update certain rules governing operation of FSS space stations in
the geostationary-satellite orbit (GSO) to enable greater operational
flexibility.
Ka-Band Plan
Proposal Overview. In light of decisions waiving the plan for the
Ka-band, or the 17.7-20.2 GHz and 27.5-30 GHz bands, and to promote
more flexible use of the spectrum, we propose to reinstate certain
secondary FSS use in the 17.8-20.2 GHz band and to allow new FSS
operations in the 19.3-19.4 GHz, 19.6-19.7 GHz, and 29.3-29.5 GHz
bands. This proposal would codify existing practices and formally
enable the spectrum use proposed by NGSO FSS broadband constellations
currently pending before the Commission. It would further make
available for FSS systems spectrum currently designated for, but never
used by, NGSO mobile-satellite service (MSS) feeder links.
17.8-18.3 GHz. We propose to create a new secondary allocation to
the FSS in the 17.8-18.3 GHz band, subject to protections for the
primary fixed service (FS). We anticipate that the power flux-density
(PFD) limits established by the International Telecommunication Union
(ITU) for protection of the FS by the FSS in the 17.7-18.3 GHz band are
also sufficient to protect U.S. terrestrial fixed users, without
generally requiring coordination. This has long been the case in the
3700-4200 MHz band, for example, in which FSS space stations operate on
a co-primary basis with FS terrestrial stations, are not typically
coordinated with terrestrial operators, and are subject to ITU PFD
limits codified in 47 CFR 25.208(a). And the United States participated
actively in the development of ITU PFD limits in the 17.8-18.3 GHz
band, with input from U.S. terrestrial operators.
Thus, we are no longer concerned about coordination and delay
concerns that the Commission expressed in 2000. The Commission did not
discuss the adequacy of any PFD limits in this context. And, both NGSO
FSS and GSO FSS systems have been successfully authorized to operate in
this band by waiver on an unprotected, non-interference basis with
respect to the FS. We also note that WorldVu Satellites Limited, d/b/a
OneWeb, has filed a petition for declaratory ruling to access the U.S.
market in the 17.8-18.6 GHz band using its proposed system of 720 NGSO
satellites. Accordingly, and to promote additional operational
flexibility, we propose to adopt a secondary allocation to the FSS
(space-
[[Page 3260]]
to-Earth) in the 17.8-18.3 GHz band currently designated solely for the
FS. Both GSO FSS and NGSO FSS operations would be permitted under this
secondary FSS allocation. Non-Federal FSS operations would also be
secondary to primary Federal FSS operations in this band. We intend to
limit this allocation to individually licensed earth stations, which
are more likely than ubiquitously deployed user terminals to be able to
operate successfully on an unprotected basis with respect to primary FS
stations. We also propose to include in our rules the international PFD
limits on space stations in this band. Finally, to promote
compatibility among FSS systems, we propose to authorize NGSO FSS
systems in this band only on an unprotected, non-interference basis
with respect to GSO FSS networks. We seek comment on these proposals.
As indicated above, we anticipate that PFD limits established by the
ITU, with significant involvement of the United States, will be
adequate to protect U.S. fixed users from interference. However, we
seek comment on these PFD limits. In the unlikely event that harmful
interference did occur to an FS station, we expect that the FS operator
would attempt to locate and contact the source of the interference, or
seek assistance from the Commission. We seek comment on this issue.
18.3-18.6 GHz and 19.7-20.2 GHz. We also propose to allow NGSO FSS
systems to operate on an unprotected basis with respect to GSO FSS
networks in the 18.3-18.6 GHz and 19.7-20.2 GHz bands, subject to
limits on equivalent power flux-density (EPFD) to ensure protection of
GSO FSS networks, as explained below. We do not propose to extend NGSO
FSS operation to the 18.6-18.8 GHz band, in which GSO FSS networks are
also currently designated co-primary, due to concerns of protection for
the coequal Earth exploration-satellite service (passive) and the space
research service (passive). As we concluded for operations in the 10.7-
14.5 GHz band, which is available for licensing of both GSO and NGSO
FSS systems, we anticipate that compliance with EPFD limits applicable
internationally will be sufficient to protect GSO FSS networks from
unacceptable interference, by generally limiting NGSO FSS operations
near the geostationary orbit. Permitting NGSO FSS operations in the
18.3-18.6 GHz and 19.7-20.2 GHz bands would also be consistent with
waivers issued on delegated authority.
18.8-19.3 GHz. In addition, we propose to allow GSO FSS operation
in the 18.8-19.3 GHz downlink band on an unprotected, non-interference
basis with respect to NGSO FSS systems, consistent with Bureau waivers
and matching the current secondary GSO FSS designation in the paired
28.6-29.1 GHz uplink band. Because NGSO FSS systems would not be
required to alter their operations to accommodate any GSO FSS
operations in this band, we do not believe this allowance for GSO FSS
would prove burdensome to NGSO FSS systems, but we seek comment on such
burdens.
18.8-19.3 GHz and 28.6-29.1 GHz. Internationally, these bands are
allocated to the FSS on a primary basis. GSO satellite networks and
NGSO systems in these bands are subject to coordination, and No. 22.2
of the ITU Radio Regulations does not apply. This rule provides that,
regardless of their ITU filing dates, NGSO systems must not cause
unacceptable interference to and, unless otherwise specified in the
Radio Regulations, must not claim protection from GSO FSS and GSO
broadcasting-satellite service (BSS) networks operating in accordance
with the Radio Regulations. We request comment on the possibility of
giving GSO operations co-primary status with NGSO operations in these
bands, as opposed to the secondary designation already existing in the
28.6-29.1 GHz band and our proposal above for the 18.8-19.3 GHz band.
We seek comment on any potential difficulties that this approach might
raise, particularly since our rules separately address GSO-like
applications and NGSO-like applications, but do not provide a mechanism
for us to consider an application of one type (GSO-like or NGSO-like)
vis-[agrave]-vis previous applications or authorizations of the other
type in the bands 18.8-19.3 GHz and 28.6-29.1 GHz. Significantly, in
these bands NGSO-like operations do not have to meet EPFD limits in
order to ensure the protection of GSO-like operations.
19.3-19.4 GHz, 19.6-19.7 GHz, and 29.3-29.5 GHz. To facilitate
satellite use of the bands, we propose to permit both GSO and NGSO FSS
systems to operate in the 19.3-19.4 GHz, 19.6-19.7 GHz, and 29.3-29.5
GHz bands currently designated for, but unused by, NGSO MSS feeder
links. We propose to authorize NGSO FSS systems on an unprotected, non-
interference basis with respect to GSO FSS networks in these bands. In
the 19.3-19.4 GHz and 19.6-19.7 GHz bands, which are shared on a co-
primary basis with terrestrial services, any FSS earth stations would
be individually licensed and coordinated with terrestrial stations.
Existing terrestrial operations in these bands would not have to
protect any new FSS deployment under general first-come, first-served
coordination procedures. PFD limits are already in place to protect
such terrestrial operations from downlink interference. Further, we
anticipate that new stations in the FS and the FSS will be compatible
in these bands through coordination of the specific operating
parameters of each station, FS or FSS, at the time of licensing. We
seek comment on this proposal, including relevant technical analyses
regarding coordination parameters for new individually licensed earth
stations and future FS stations.
Codification. For clarity, we propose at this time to codify the
Ka-band Plan's satellite designations into footnotes to the U.S. Table
of Frequency Allocations, 47 CFR 2.106. In doing so, we propose to
specify that, in the 27.5-28.35 GHz band, NGSO FSS systems must operate
on an unprotected, non-interference basis with respect to GSO FSS
networks. This treatment would promote compatibility between the two
system designs and is consistent with our proposals in most shared GSO-
NGSO FSS bands. Additionally, while the MSS is not designated in the
Commission's Ka-band Plan, we do not propose to remove the allocations
for this service in the 19.7-20.2 GHz and 29.5-30 GHz bands. We also
propose to remove duplicative notes in 47 CFR 25.202(a)(1), except with
respect to the Commission's recent decision regarding the 27.5-28.35
GHz band in the Spectrum Frontiers proceeding. Similarly, we propose to
incorporate into footnotes in the Table the remaining frequency-use
restrictions in 47 CFR 25.202(a)(1) that were not recently amended in
the Commission's Spectrum Frontiers proceeding. However, we propose to
specify the limitation on NGSO FSS deployment in the 10.7-11.7 GHz and
12.75-13.25 GHz bands as to individually licensed earth stations only,
rather than to gateway earth stations only as currently prescribed.
This would be consistent both with our proposal for the 17.8-18.3 GHz
band and with the Commission's recent decision regarding the shared
27.5-28.35 GHz band in the Spectrum Frontiers proceeding. In addition,
rather than attempt to reproduce in 47 CFR 25.202(a)(1) all of the
frequency bands available for FSS, which are already stated completely
in the Table of Frequency Allocations in 47 CFR 2.106, we propose to
use this paragraph only to note the restrictions on FSS not codified in
the Table.
PFD Limits in 17.7-19.7 GHz for GSO FSS Space Stations. Section
25.208(c)
[[Page 3261]]
contains PFD limits on emissions from space stations in, among others,
the following frequency bands: 18.3-18.8 GHz and 19.3-19.7 GHz. In
addition, 47 CFR 25.208(e) contains PFD limits on emissions by NGSO FSS
space stations in the 18.8-19.3 GHz band. Since we are proposing
changes to the U.S. Table of Frequency Allocations that will allow the
operation of GSO FSS and/or NGSO FSS space stations in frequency bands
where such operation was not previously contemplated, we propose to
extend the applicability of PFD limits to these frequency bands.
Accordingly, we propose to make the limits in 47 CFR 25.208(c)
applicable to GSO FSS space stations in the frequency bands 17.7-19.7
GHz and to all space stations in the bands 22.55-23.55 GHz and 24.45-
24.75 GHz. These limits have already been applied in portions of the
17.7-19.7 GHz band when granting authorizations for operation in this
band through waivers.
PFD Limits for NGSO FSS Space Stations. We also propose to make the
limits in 47 CFR 25.208(e) applicable to NGSO FSS space stations in the
frequency bands 17.8-18.6 GHz and 18.8-19.7 GHz. We recognize, however,
that these limits were derived for constellations up to a certain
number of satellites and may not be appropriate for some of the large
NGSO FSS constellations being currently proposed. The interference
produced by an NGSO FSS constellation to a terrestrial station is time-
varying and, for that reason, the protection of such a station would be
better ensured through the establishment of an EPFD limit. We invite
comment on this point and on what would be an appropriate EPFD for the
protection of a terrestrial station in the frequency bands under
consideration. As an alternative, and until such EPFD limit can be
developed, we propose that an NGSO FSS constellation be deemed as
having met the requirements in 47 CFR 25.208(e) if the aggregate PFD
produced by the whole constellation at any point in the Earth's surface
does not exceed -115 (dBW/m\2\)/MHz. We invite comments on this
proposal.
Other. As NGSO FSS systems deploy in different frequency bands, it
is important to consider how these systems can share spectrum with
other non-satellite systems. In this respect, we request comments on
any other emerging uses, technologies, or platforms that should be
taken into account as additional NGSO uses occur. Would the rules
proposed in this Notice preclude in any way other uses of this spectrum
or hinder future sharing with other services? Are there additional
technical rules or other means by which we can facilitate additional
sharing in these bands?
EPFD Limits
Ka-band. While the Commission has not previously included in its
rules the Ka-band EPFD limits found in Article 22 of the ITU Radio
Regulations, NGSO FSS applicants in these bands have nonetheless
demonstrated compliance with the limits when seeking to operate on a
non-interference basis vis-[agrave]-vis GSO FSS networks. The
International Bureau has approved such operations on the basis of these
showings. Similarly, we expect that compliance with the Article 22 EPFD
limits will be sufficient for NGSO FSS systems to protect GSO FSS
networks in the 17.8-18.6 GHz, 19.7-20.2 GHz, 27.5-28.35 GHz, and 29.5-
30 GHz bands, as the U.S. GSO FSS community participated actively in
their development. Accordingly, to provide greater certainty regarding
the compatibility of NGSO FSS and GSO FSS operations, we propose to
require NGSO FSS applicants in these bands to demonstrate conformance
with applicable EPFD limits in the same manner that NGSO FSS applicants
must for operation in the 10.7-14.5 GHz band. We intend that compliance
with EPFD limits in the Ka-band would satisfy any obligation on an NGSO
FSS system to operate on a non-interference basis with respect to a GSO
FSS network. In addition, we propose to incorporate EPFD limits on
inter-satellite emissions from NGSO FSS space stations into GSO FSS
space stations, which are currently found in Article 22 but omitted
from our rules. We also propose to extend relevant Article 22 EPFD
limits to the 19.3-19.4 GHz, 19.6-19.7 GHz, and 29.3-29.5 GHz bands in
which we are proposing to allow new NGSO FSS operations on an
unprotected, non-interference basis with respect to GSO FSS networks.
Consolidation. In adding these Ka-band EPFD rules, we propose to
consolidate our NGSO FSS licensing provisions for operation in the Ka-
band, currently found in 47 CFR 25.145, into the licensing rules for
NGSO FSS operation in the 10.7-14.5 GHz band, set forth in 47 CFR
25.146. In doing so, we propose to delete 47 CFR 25.145(e), similar
provisions in 47 CFR 25.142(d) and 25.143(d), and the cross-references
to 47 CFR 25.142(d) in 47 CFR 25.217, all of which proscribe certain
exclusionary arrangements to serve foreign markets. These provisions
have been superseded by section 648 of the Open-market Reorganization
for the Betterment of International Telecommunications (ORBIT) Act,
which contains a parallel prohibition. We also request comment on ways
we might simplify 47 CFR 25.146.
NGSO-GSO Default Sharing. Finally, the first sentence of 47 CFR
25.156(d)(5) provides that, in frequency bands in which the Commission
has not yet adopted sharing criteria between GSO-like and NGSO-like
satellite operations, the Commission will not grant an application for
NGSO-like operation after it has granted an application for GSO-like
operation, or vice versa. The effect of this provision is to preclude
joint NGSO-like and GSO-like use of frequency bands until the
Commission has adopted formal sharing criteria between the different
types of satellite operation in that band. As noted above, however, the
International Bureau has approved by waiver both GSO-like and NGSO-like
operations in the same Ka-band frequencies without EPFD sharing
criteria yet codified in our rules. Similarly, we believe that an
applicant demonstrating that it can operate compatibly with any
existing operations, either through technical demonstrations or
coordination, ought not be precluded from providing service to the
public while the Commission initiates and conducts a rulemaking to
establish formal sharing criteria. We therefore propose to delete the
first sentence of 47 CFR 25.156(d)(5). We also request comment as to
whether we should adopt, as a default sharing rule, a provision similar
to No. 22.2 of the ITU Radio Regulations. This provision would state
that, except as otherwise provided in our rules, NGSO systems must not
cause unacceptable interference to, and must not claim protection from,
GSO FSS networks and GSO BSS networks. For example, the 18.8-19.3 GHz
and 28.6-29.1 GHz bands would be excepted from such a provision,
because in these bands we require GSO FSS networks to operate on an
unprotected, non-interference basis with respect to NGSO FSS systems.
Avoidance of In-line Interference
Background. The Commission has adopted a default mechanism to
enable spectrum sharing among NGSO FSS systems in the 10.7-12.7 GHz,
12.75-13.25 GHz, 13.75-14.5 GHz, 18.8-19.3 GHz, and 28.6-29.1 GHz
bands. Under this mechanism, an NGSO FSS system may operate throughout
its authorized band except during ``in-line'' events. An ``in-line''
event occurs when satellites of different NGSO FSS systems are
physically aligned with an operating earth station of one of those
systems, such that the topocentric angle between the satellites is less
than 10 degrees as
[[Page 3262]]
measured from the earth station. To avoid interference among the
systems experiencing an in-line event, the Commission requires the
affected satellite operators to divide the commonly assigned spectrum
equally according to the chosen ``home'' spectrum for the duration of
the in-line event, absent another sharing agreement by the operators.
Section 25.261. The avoidance of in-line interference mechanism is
codified in 47 CFR 25.261. This section, however, omits the 10.7-12.7
GHz, 12.75-13.25 GHz, and 13.75-14.5 GHz bands. We propose to correct
this omission. We also propose to include in 47 CFR 25.261 the bands in
which we currently designate NGSO FSS operation on a secondary basis--
27.5-28.6 GHz and 29.5-30 GHz--and the bands in which we are proposing
to allow NGSO FSS operation--17.8-18.6 GHz, 19.3-19.4 GHz, 19.6-20.2
GHz, and 29.3-29.5 GHz. We otherwise propose to clarify that 47 CFR
25.261 applies only to NGSO FSS systems communicating with earth
stations with directional antennas. We seek comment on expanding this
spectrum sharing method to NGSO FSS operations in other frequency
bands, in place of the alternative procedure for assigning spectrum to
NGSO satellite systems by simply dividing it equally among the
qualified applicants in a processing round. In this regard, we propose
to clarify in 47 CFR 25.157 that these band-splitting procedures do not
apply to applications granted on the condition of compliance with the
avoidance of in-line interference mechanism specified in 47 CFR 25.261.
We also seek comment on any other standard for assigning spectrum.
Ephemeris Data. In order to effectuate the avoidance of in-line
interference mechanism, NGSO FSS operators must know the locations of
co-frequency NGSO FSS space stations to predict when in-line events
will occur. Section 25.271(e) requires NGSO FSS licensees in the 10.7-
14.5 GHz band to maintain a Web site with ephemeris data for each
satellite in its constellation, which facilitates coordination for this
purpose. NGSO FSS licensees in the 18.8-19.3 GHz and 28.6-29.1 GHz
bands must also share ephemeris data. Accordingly, we propose to
include the 18.8-19.3 GHz and 28.6-29.1 GHz bands in 47 CFR 25.271(e),
along with the portions of the Ka-band currently designated for NGSO
FSS operation on a secondary basis or proposed for NGSO FSS operation
in this Notice, i.e., the 17.8-18.6 GHz, 19.3-19.4 GHz, 19.6-20.2 GHz,
27.5-28.6 GHz, and 29.3-30 GHz bands. We also propose to apply this
requirement explicitly to non-U.S.-licensed NGSO FSS operators that are
granted market access in the United States.
We understand that satellites in the low-Earth orbit (LEO) region,
i.e., the region of space at Earth altitudes below 2,000 km, that do
not have station-keeping capability have experienced orbital
perturbations from solar events resulting in a reduction in altitude of
up to several kilometers from a single solar event. We invite comment
as to whether the current ephemeris data update frequency of once every
three days as required by 47 CFR 25.271(e) is appropriate for such
satellites, or whether we should require more frequent updates, and if
so, what the appropriate update interval would be. We also invite
comment as to whether an electronic Web site bulletin board as
currently required by 47 CFR 25.271(e) is the most appropriate means of
making ephemeris data available, or whether another method, such as
requiring active participation in the Space Data Association and/or
requiring the sharing of data with the U. S. Strategic Command's Joint
Space Operations Center (or any successor) might be a more effective
means.
10-degree Trigger. In addition, we note that the 10-degree default
separation for co-frequency NGSO FSS space station operations is based
on the characteristics of satellite systems proposed around the turn of
the millennium. We invite comment as to whether the separation-angle
trigger should be increased or decreased to reflect current system
designs.
Accommodation of Later Entrants. Finally, when authorizing NGSO FSS
systems in the past, the International Bureau has required licensees to
abide by the avoidance of in-line interference mechanism generally with
respect to later-authorized NGSO FSS systems, unless coordination
agreements are reached. To the extent that later-authorized systems
increase the frequency of in-line events, or increase the number of
satellite systems involved in an in-line event, such later entrants can
diminish the amount of spectrum available to an existing NGSO FSS
system. We invite comment on how best to balance the competing
interests of encouraging new market entry and providing NGSO FSS
operators certainty with respect to a minimum amount of spectrum
available for their services. For example, should we specify that the
avoidance of in-line interference mechanism applies only to those in-
line events among the existing grantee, O3b Limited, and any licensees
and market access holders approved as a result of a processing round?
In this case, an applicant requesting authority after any processing
round would be required to protect existing NGSO FSS authorization
holders, and would be required, during an in-line event, to cease
operations on the commonly authorized spectrum.
Earth Station E.I.R.P. Density Limits
In light of the ability of the O3b NGSO FSS system to operate
within existing e.i.r.p. density criteria for GSO FSS earth stations,
and considering the spectrum sharing benefits of such criteria, we
invite comment on adopting e.i.r.p. density limits for NGSO FSS uplink
transmissions. These could be based, for example, on the limits we have
prescribed for FSS earth stations transmitting to GSO space stations.
Such default limits could be exceeded to the extent that higher levels
are coordinated with all other NGSO FSS systems authorized in the same
frequency bands. If we were to adopt e.i.r.p. density limits for NGSO
FSS uplink transmissions, should we simply require a certification from
applicants that they will abide by these default power limits unless
higher transmission levels are appropriately coordinated? This
certification requirement could be similar to certification
requirements the Commission has recently adopted for GSO FSS and 17/24
GHz BSS space station operations. We also seek comment on whether,
similar to our policy regarding GSO FSS space stations, there are
appropriate downlink power limits and earth station receive gain
criteria that we should adopt to facilitate sharing among NGSO FSS
systems. We further seek comment on any other measures that should be
recommended to facilitate sharing.
Milestones
Background. The Commission requires all satellites in an authorized
NGSO constellation to be launched and operated within six years of
grant. This milestone requirement is intended to ensure timely
provision of service, and to prevent ``warehousing'' of spectrum and
orbital resources. Failure to meet this requirement, incorporated as a
condition of the constellation grant, renders the authorization null
and void, and subjects the grantee to forfeiture of up to $5 million
under the surety bond posted for the authorization.
NGSO Milestone. Operation of every space station in an authorized
constellation, however, may not be necessary to provide the services
proposed in the application. Additional space stations could be
authorized to reduce latency or to increase capacity and reliability,
for example. And while
[[Page 3263]]
failure to successfully launch and operate such additional space
stations within six years might not preclude service to the public, it
could, under current rules, result in automatic termination of the
license. To afford operators greater flexibility with system design and
implementation, we propose to modify the six-year milestone obligation
for NGSO systems to require the launch and operation of a percentage of
the authorized constellation sufficient to provide substantial service
to the public. We tentatively conclude that 75 percent is an
appropriate number for this requirement. Satisfaction of this milestone
would release the operator from its surety bond obligation. Failure to
operate the minimum number of space stations by this milestone,
however, would result in forfeiture of the bond and an automatic
reduction in the number of authorized satellites to the number actually
in orbit as of the milestone date. Even under this ``keep what you
use'' proposal, however, we would continue to terminate automatically
the full license of a satellite system if no authorized space stations
were functional in orbit as of the time of the milestone deadline. For
operators that satisfy the first milestone, we propose a second
milestone, nine years after grant, requiring launch and operation of
the entire authorized constellation. Operators failing to complete
their constellations by this second milestone date would similarly have
their number of authorized space stations reduced automatically to the
number deployed as of the second milestone date. We invite comment on
this and any other modifications to our NGSO milestone policy.
As an alternative to specifying a percentage of the authorized
constellation for an initial milestone, for example, should we require
the launch and operation of a number of satellites specific to the
services and constellation proposed? If so, should the applicant be
required to state the minimum number of satellites necessary to provide
the services it proposes? If we adopt a more flexible milestone
requirement, should it be limited to large NGSO constellations, and if
so what size? Should we add additional, periodic milestones, to
automatically reduce the number of authorized satellites if a licensee
demonstrates that it is unlikely to maintain its larger, authorized
constellation size following the decommissioning of its initial
deployment? We could, for example, specify that the number of
authorized satellites is reduced automatically to the greatest number
operated concurrently during the previous year if the licensee falls
below a certain percentage of its authorized constellation. If, after
satisfaction of any milestones, an NGSO licensee fails to maintain at
least one operational satellite in orbit for a specified period of
time, should its license be terminated automatically?
Replacements. We also propose to clarify in 47 CFR 25.164 that both
GSO and NGSO replacement space stations, which must be scheduled for
launch before the retirement of the space stations being replaced, are
not subject to the separate milestone requirements in that section.
Geographic Coverage
The Commission requires the design of NGSO FSS systems that will
operate in the 10.7-14.5 GHz, 18.8-19.3 GHz, or 28.6-29.1 GHz bands to
enable service worldwide for at least 18 hours every day. This
requirement is intended to foster seamless global communication
networks and to maximize the use of global spectrum resources, but also
prohibits certain NGSO system designs. In light of the spectrum sharing
opportunities among NGSO FSS systems, and given the separate
requirements for coverage of the United States already included in our
rules, we propose to eliminate this global coverage requirement in
order to provide operators greater flexibility to design their systems
to meet market demands. We invite comment on this proposal.
Initial Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act (RFA), the Commission
has prepared this Initial Regulatory Flexibility Analysis (IRFA) of the
possible significant economic impact on small entities by the policies
and rules proposed in this NPRM. We request written public comments on
this IRFA. Commenters must identify their comments as responses to the
IRFA and must file the comments by the deadlines for comments on the
Notice in the DATES section above. The Commission will send a copy of
the NPRM, including this IRFA, to the Chief Counsel for Advocacy of the
Small Business Administration. In addition, summaries of the Notice and
IRFA will be published in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
The Notice seeks comment on several proposals relating to the
Commission's rules and policies for satellite services, especially
those concerning non-geostationary-satellite (NGSO), fixed-satellite
service (FSS) systems. Adoption of the proposed changes would, among
other things, provide for more flexible use of the 17.8-20.2 GHz bands
for FSS; promote shared use of spectrum among NGSO FSS satellite
systems; and remove unnecessary design restrictions on NGSO FSS
systems.
The NPRM proposes several changes to 47 CFR parts 2 and 25.
Principally, it proposes to:
(1) Allocate additional spectrum for use by FSS systems on a
secondary basis in the 17.8-18.3 GHz band, subject to power flux-
density limits designed to protect primary terrestrial services.
(2) Allow additional operation of NGSO FSS systems in segments of
the 17.8-20.2 GHz band within limits protective of FSS satellite
systems in the geostationary-satellite orbit (GSO).
(3) Allow GSO FSS operation in the 18.8-19.3 GHz band on an
unprotected, non-interference basis with regard to NGSO FSS systems, to
provide additional operational flexibility.
(4) Amend the Commission's satellite milestone policies and
geographic coverage rules to provide additional regulatory flexibility
to operators of NGSO FSS systems.
B. Legal Basis
The proposed action is authorized under sections 4(i), 303, and 316
of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303,
316.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules May Apply
The RFA directs agencies to provide a description of, and, where
feasible, an estimate of, the number of small entities that may be
affected by adoption of proposed rules. 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 Small Business
Administration (SBA). Below, we describe and estimate the number of
small entity licensees that may be affected by adoption of the proposed
rules.
[[Page 3264]]
Satellite Telecommunications and All Other Telecommunications
The rules proposed in this Notice would affect some providers of
satellite telecommunications services, if adopted. Satellite
telecommunications service providers include satellite and earth
station operators. Since 2007, the SBA has recognized two census
categories for satellite telecommunications firms: ``Satellite
Telecommunications'' and ``Other Telecommunications.'' Under both
categories, a business is considered small if it had $32.5 million or
less in annual receipts.
The first category of Satellite Telecommunications ``comprises
establishments primarily engaged in providing point-to-point
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.'' For this category, Census
Bureau data for 2007 show that there were a total of 512 satellite
communications firms that operated for the entire year. Of this total,
482 firms had annual receipts of under $25 million.
The second category of Other Telecommunications is comprised of
entities ``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.
Establishments providing Internet services or voice over Internet
protocol (VoIP) services via client-supplied telecommunications
connections are also included in this industry.'' 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, 2,346 firms had
annual receipts of under $25 million. We anticipate that some of these
``Other Telecommunications firms,'' which are small entities, are earth
station applicants/licensees that might be affected if our proposed
rule changes are adopted.
We anticipate that our proposed rule changes may have an impact on
earth station and space station applicants and licensees. Space station
applicants and licensees, however, rarely qualify under the definition
of a small entity. Generally, space stations cost hundreds of millions
of dollars to construct, launch, and operate. Consequently, we do not
anticipate that any space station operators are small entities that
would be affected by our proposed actions.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
The Notice proposes and seeks comment on several rule changes that
would affect compliance requirements for earth station and space
station operators. Most proposed changes, however, are directed at
space station applicants and licensees. As noted above, these parties
rarely qualify as small entities.
For example, we propose to allow additional uses of certain
frequencies within the 17.8-20.2 GHz band, subject to compliance with
power limits designed to protect other users of the bands. We also seek
comment on revised or new technical standards to promote sharing among
NGSO FSS systems, and ask whether we should allow entities to certify
that that will comply with such resulting requirements, as a means to
avoid unnecessary regulatory burdens.
We also propose modified rules for satellite system implementation
to provide additional flexibility to operators. We propose to eliminate
a geographic service requirement that restricts the design
possibilities of certain NGSO FSS satellite systems. In total, the
proposals and questions in the Notice are designed to achieve the
Commission's mandate to regulate in the public interest while imposing
the lowest necessary burden on all affected parties, including small
entities.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
The RFA requires an agency to describe any significant,
specifically small business, alternatives that it has considered in
reaching its proposed approach, which may include the following four
alternatives (among others): ``(1) the establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance and
reporting requirements under the rules for such small entities; (3) the
use of performance rather than design standards; and (4) an exemption
from coverage of the rule, or any part thereof, for such small
entities.''
The Notice seeks comment from all interested parties. The
Commission is aware that some of the proposals under consideration may
impact small entities. Small entities are encouraged to bring to the
Commission's attention any specific concerns they may have with the
proposals outlined in the Notice.
The Commission expects to consider the economic impact on small
entities, as identified in comments filed in response to the NPRM, in
reaching its final conclusions and taking action in this proceeding.
In this NPRM, the Commission invites comment on means to minimize
negative economic impacts on applicants and licensees, including small
entities. For example, the Commission seeks comment on whether
compliance with certain power limits could be certified to by
applicants, rather than demonstrated technically, thereby reducing
burdens. And the Commission proposes to relax a satellite system
geographic coverage requirement, which could lessen the economic burden
on applicants and licensees. Overall, the proposals in the Notice seek
to increase flexibility for NGSO FSS applicants and licensees and
reduce burdens, while maintaining adequate protections against
interference.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
None.
Incorporation by Reference
In Sec. 25.108, we propose to incorporate by reference a portion
of Appendix 4 of the ITU Radio Regulations concerning the orbital
information of satellite networks. Specifically, we propose to
incorporate by reference the ITU Radio Regulations, Volume 2:
Appendices, Appendix 4, ``Consolidated list and tables of
characteristics for use in the application of the procedures of Chapter
III,'' Annex 2, ``Characteristics of satellite networks, earth stations
or radio astronomy stations,'' Section A.4, ``Orbital Information,''
Edition of 2012. This material is reasonably available to interested
parties from the International Telecommunication Union (ITU), Place des
Nations, 1211 Geneva 20 Switzerland; www.itu.int; Voice: +41 22 730
5111; Fax: +41 22 733 7256; email: [email protected]. The material is
also directly available online at http://www.itu.int/pub/R-REG-RR-2012,
and would be made available for inspection at the Commission.
[[Page 3265]]
List of Subjects
47 CFR Part 2
Radio, Table of frequency allocations.
47 CFR Part 25
Administrative practice and procedure, Earth stations,
Incorporation by reference, Satellites.
Federal Communications Commission.
Katura Howard,
Federal Register Liaison Officer. Office of the Secretary.
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR parts 2 and 25 as
follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
2. Amend Sec. 2.106 as follows:
0
a. Revise pages 48, 49, 52, and 55 of the Table of Frequency
Allocations.
0
b. Revise footnotes NG164, NG165, and NG166.
0
c. Add footnotes NGXX1, NGXX2, NGXX3, and NGXX4.
Sec. 2.106 Table of Frequency Allocations.
BILLING CODE 6712-01-P
[[Page 3266]]
[GRAPHIC] [TIFF OMITTED] TP11JA17.017
[[Page 3267]]
[GRAPHIC] [TIFF OMITTED] TP11JA17.018
[[Page 3268]]
[GRAPHIC] [TIFF OMITTED] TP11JA17.019
[[Page 3269]]
[GRAPHIC] [TIFF OMITTED] TP11JA17.020
NG164 The use of the band 18.6-18.8 GHz by the fixed-satellite
service (space-to-Earth) is limited to geostationary-satellite
networks.
NG165 In the bands 18.8-19.3 GHz (space-to-Earth) and 28.6-29.1 GHz
[[Page 3270]]
(Earth-to-space), geostationary-satellite networks in the fixed-
satellite service shall not cause harmful interference to, or claim
protection from, non-geostationary-satellite systems in the fixed-
satellite service.
NG166 The use of the bands 19.4-19.6 GHz (space-to-Earth) and 29.1-
29.25 GHz (Earth-to-space) by the fixed-satellite service is limited to
feeder links for non-geostationary-satellite systems in the mobile-
satellite service.
* * * * *
NGXX1 The use of the bands 10.7-11.7 GHz (space-to-Earth) and
12.75-13.25 GHz (Earth-to-space) by non-geostationary-satellite systems
in the fixed-satellite service is limited to communications with
individually licensed earth stations.
NGXX2 The use of the bands 17.8-18.3 GHz, 19.3-19.4 GHz, and 19.6-
19.7 GHz by the fixed-satellite service (space-to-Earth) is limited to
communications with individually licensed earth stations. Ubiquitously
deployed user terminals are not permitted.
NGXX3 In the bands 17.8-18.6 GHz (space-to-Earth), 19.3-19.4 GHz
(space-to-Earth), 19.6-20.2 GHz (space-to-Earth), 27.5-28.6 GHz (Earth-
to-space), and 29.3-30 GHz (Earth-to-space), non-geostationary-
satellite systems in the fixed-satellite service shall not cause
unacceptable interference to, or claim protection from, geostationary-
satellite networks in the fixed-satellite service.
A non-geostationary-satellite system operating within the
applicable equivalent power flux-density limits set forth in Sec.
25.208 of this chapter shall not be considered to cause unacceptable
interference to any geostationary-satellite network in the fixed-
satellite service.
NGXX4 The use of the band 29.25-29.3 GHz by the fixed-satellite
service (Earth-to-space) is limited to geostationary-satellite networks
and to feeder links for non-geostationary-satellite systems in the
mobile-satellite service.
* * * * *
PART 25--SATELLITE COMMUNICATIONS
0
3. The authority citation for part 25 continues to read as follows:
Authority: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307,
309, 310, 319, 332, 605, and 721, unless otherwise noted.
0
4. In Sec. 25.108, revise paragraph (a), redesignate paragraphs (b)(2)
through (b)(5) as paragraphs (b)(3) through (b)(6) and add new
paragraph (b)(2) to read as follows:
Sec. 25.108 Incorporation by Reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for
inspection at the Federal Communications Commission, 445 12th Street
SW., Reference Information Center, Room CY-A257, Washington, DC 20554,
202-418-0270, and is available from the sources listed below. It is
also available for inspection at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) * * *
(2) ITU Radio Regulations, Volume 2: Appendices, Appendix 4,
``Consolidated list and tables of characteristics for use in the
application of the procedures of Chapter III,'' Annex 2,
``Characteristics of satellite networks, earth stations or radio
astronomy stations,'' Section A.4, ``Orbital Information,'' Edition of
2012, http://www.itu.int/pub/R-REG-RR-2012. Incorporation by reference
approved for Sec. 25.146.
* * * * *
0
5. In Sec. 25.114, revise paragraph (d)(12) to read as follows:
Sec. 25.114 Applications for space station authorizations.
* * * * *
(d) * * *
(12) The information required by Sec. 25.146, if the application
is for an NGSO FSS system authorization in the 10.7-14.5 GHz, 17.8-18.6
GHz, 18.8-19.4 GHz, 19.6-20.2 GHz, 27.5-29.1 GHz, or 29.3-30 GHz bands.
* * * * *
Sec. 25.142 [Amended]
0
6. In Sec. 25.142, remove paragraphs (c) and (d).
Sec. 25.143 [Amended]
0
7. Remove Sec. 25.143(d).
Sec. 25.145 [Removed]
0
8. Remove Sec. 25.145.
0
9. In Sec. 25.146, revise the section heading, the first sentence in
paragraph (a) introductory text, the first sentence in paragraph (b)
introductory text, and paragraphs (b)(1)(v), (b)(2), (c), (e), and (i)
to read as follows:
Sec. 25.146 Licensing and operating provisions for NGSO FSS
satellite systems in the 10.7-14.5 GHz, 17.8-18.6 GHz, 18.8-19.4 GHz,
19.6-20.2 GHz, 27.5-29.1 GHz, or 29.3-30 GHz bands.
(a) A comprehensive technical showing must be submitted for the
proposed NGSO FSS system in the 10.7-14.5 GHz, 17.8-18.6 GHz, 18.8-19.4
GHz, 19.6-20.2 GHz, 27.5-29.1 GHz, or 29.3-30 GHz bands. * * *
* * * * *
(b) Ninety days prior to the initiation of service to the public,
the NGSO FSS system licensee must submit a comprehensive technical
showing for the NGSO FSS system. * * *
(1) * * *
(v) Provide the result, the cumulative probability distribution
function of EPFD, of the execution of the verification computer program
described in paragraph (b)(1)(iii) of this section by using only the
input parameters contained in paragraphs (b)(1)(i) and (b)(1)(iv) of
this section for each of the submitted test points provided by the
Commission. These test points are based on information from U.S.-
licensed GSO FSS and Broadcasting-Satellite Service operators in the
10.7-14.5 GHz, 17.8-18.6 GHz, 18.8-19.4 GHz, 19.6-20.2 GHz, 27.5-29.1
GHz, and 29.3-30 GHz bands. Each U.S.-licensed GSO FSS and
Broadcasting-Satellite Service operator may submit up to 10 test points
for this section containing the latitude, longitude, altitude, azimuth,
elevation angle, antenna size, efficiency to be used by NGSO FSS
licensees during the upcoming year.
(2) Operational equivalent power flux-density, space-to-Earth
direction, (operational EPFDdown) limits. Using the
information contained in (b)(1) of this section plus the measured space
station antenna patterns, provide the result of the execution of the
computer simulation for the anticipated in-line operational
EPFDdown levels for each of the submitted test points
provided by the Commission. Submitted test points are based on inputs
from U.S.-licensed GSO FSS and Broadcasting-Satellite Service operators
in the 10.7-14.5 GHz, 17.8-18.6 GHz, 18.8-19.4 GHz, 19.6-20.2 GHz,
27.5-29.1 GHz, and 29.3-30 GHz bands. Each U.S.-licensed GSO FSS and
Broadcasting-Satellite Service operator may submit up to 10 test points
for this section containing the latitude, longitude, altitude, azimuth,
elevation angle, antenna size, efficiency to be used by NGSO FSS
licensees during the upcoming year.
(c) Applicants for NGSO FSS system authorizations proposing space-
to-Earth transmissions in the 10.7-11.7 GHz,
[[Page 3271]]
12.5-12.75 GHz, or 17.8-18.4 GHz frequency bands must also demonstrate,
in accordance with ITU-R S.1503-2 (incorporated by reference, see Sec.
25.108), that the EPFDis limits in Sec. 25.208(f) will be
met.
* * * * *
(e) An NGSO FSS system licensee operating a system in compliance
with the limits specified in Sec. 25.208(g), (i), (j), (k), (l), and
(m) must not claim protection from GSO FSS and BSS networks operating
in accordance with this part.
* * * * *
(i) NGSO FSS applicants must also provide the following:
(1) Sufficient information on the NGSO FSS system characteristics
to properly model the system in computer sharing simulations,
including, at a minimum, NGSO hand-over and satellite switching
strategies, NGSO satellite antenna gain patterns, and NGSO earth
station antenna gain patterns. In particular, except for operation in
the 18.8-19.3 GHz or 28.6-29.1 GHz bands, each NGSO FSS applicant must
explain the switching protocols it will use to avoid transmitting while
passing through the geostationary satellite orbit arc, or provide an
explanation as to how the PFD limits in Sec. 25.208 will be met
without using geostationary-satellite orbit arc avoidance. In addition,
each NGSO FSS applicant must provide the orbital parameters contained
in Section A.4 of Annex 2 to Appendix 4 of the ITU Radio Regulations
(incorporated by reference, see Sec. 25.108). Further, each NGSO FSS
applicant must provide a sufficient technical showing to demonstrate
that the proposed NGSO system meets the applicable PFD limits in Sec.
25.208.
(2) For operation in the 10.7 GHz-14.5 GHz, 18.8-19.3 GHz, or 28.6-
29.1 GHz bands, a demonstration that the proposed system is capable of
providing FSS on a continuous basis throughout the fifty states, Puerto
Rico and the U.S. Virgin Islands.
Sec. 25.156 [Amended]
0
10. Remove the first sentence of Sec. 25.156(d)(5).
0
11. Revise Sec. 25.157(b) to read as follows:
Sec. 25.157 Consideration of applications for NGSO-like satellite
operation.
* * * * *
(b)(1) The procedures prescribed in this section do not apply to an
application for authority to operate a replacement space station(s)
that meets the relevant criteria in Sec. 25.165(e)(1) and (2) and that
will be launched before the space station(s) to be replaced is retired
from service or within a reasonable time after loss of a space station
during launch or due to premature failure in orbit.
(2) The procedures in paragraphs (e), (f), and (g) of this section
do not apply to an application granted with a condition to share
spectrum pursuant to Sec. 25.261.
* * * * *
0
12. Revise Sec. 25.161(a) to read as follows:
Sec. 25.161 Automatic termination of station authorization.
* * * * *
(a)(1) The failure to meet an applicable milestone specified in
Sec. 25.164(a) and/or (b), if no authorized space station is
functional in orbit;
(2) The failure to meet an applicable milestone specified in Sec.
25.164(b)(1) or (b)(2), if at least one authorized space station is
functional in orbit, which failure will result in the termination of
authority for the number, type, and orbital parameters of space
stations not in orbit as of the milestone date; or
(3) The failure to meet any other milestone or construction
requirement imposed as a condition of authorization. In the case of a
space station authorization when at least one authorized space station
is functional in orbit, however, such termination will be with respect
to only the authorization for any space stations not in orbit as of the
milestone date.
* * * * *
0
13. In Sec. 25.164, revise paragraphs (a), (b), and (g) to read as
follows:
Sec. 25.164 Milestones.
(a) The recipient of an initial license for a GSO space station,
other than a DBS space station, SDARS space station, or replacement
space station as defined in Sec. 25.165(e), must launch the space
station, position it in its assigned orbital location, and operate it
in accordance with the station authorization no later than five years
after the grant of the license, unless a different schedule is
established by Title 47, Chapter I, or the Commission.
(b)(1) The recipient of an initial authorization for an NGSO
satellite system, other than an SDARS system, must launch 75 percent of
the maximum number of space stations authorized for service, place them
in their assigned orbits, and operate them in accordance with the
station authorization no later than six years after the grant of the
authorization, unless a different schedule is established by Title 47,
Chapter I, or the Commission. This paragraph does not apply to
replacement NGSO space stations as defined in Sec. 25.165(e).
(2) A licensee that satisfies the requirement in paragraph (b)(1)
of this section must launch the remaining space stations necessary to
complete its authorized service constellation, place them in their
assigned orbits, and operate each of them in accordance with the
authorization no later than nine years after the grant of the
authorization.
* * * * *
(g) Licensees of satellite systems that include both NGSO
satellites and GSO satellites must meet the requirement in paragraph
(a) of this section with respect to the GSO satellite(s) and the
applicable requirements in paragraph (b) of this section with respect
to the NGSO satellites.
* * * * *
0
14. In Sec. 25.165, revise paragraphs (c) and (d) to read as follows:
Sec. 25.165 Surety bonds.
* * * * *
(c) A licensee will be considered to be in default with respect to
a bond filed pursuant to paragraph (a) of this section if it surrenders
the license before meeting the applicable milestone requirement(s) in
Sec. 25.164(a) and/or (b)(1) or if it fails to satisfy any such
milestone.
(d) A licensee will be relieved of its bond obligation under
paragraph (a) of this section upon a Commission finding that the
licensee has satisfied the applicable milestone requirement(s) in Sec.
25.164(a) and/or (b)(1) for the authorization.
* * * * *
0
15. Revise Sec. 25.202(a)(1) to read as follows:
Sec. 25.202 Frequencies, frequency tolerance, and emission limits.
(a)(1) In addition to the frequency-use restrictions set forth in
Sec. 2.106 of this chapter, the following restrictions apply:
(i) In the 27.5-28.35 GHz band, the FSS (Earth-to-space) is
secondary to the Upper Microwave Flexible Use Service authorized
pursuant to part 30 of this chapter, except for FSS operations
associated with earth stations authorized pursuant to Sec. 25.136.
(ii) Use of the 37.5-40 GHz band by the FSS (space-to-Earth) is
limited to individually licensed earth stations. Earth stations in this
band must not be ubiquitously deployed and must not be used to serve
individual consumers.
* * * * *
0
16. In Sec. 25.208, revise the section heading, paragraph (c)
introductory text, the first sentence of paragraph (e), and
[[Page 3272]]
paragraphs (f), (g), (h), (j), and (k) to read as follows:
Sec. 25.208 Power flux-density limits.
* * * * *
(c) For a GSO space station in the 17.7-19.7 GHz, 22.55-23.55 GHz,
or 24.45-24.75 GHz bands, or for an NGSO space station in the 22.55-
23.55 GHz or 24.45-24.75 GHz bands, the PFD at the Earth's surface
produced by emissions for all conditions and for all methods of
modulation must not exceed the following values:
* * * * *
(e) For an NGSO space station, the PFD at the Earth's surface
produced by emissions in the 17.8-18.6 GHz or 18.8-19.7 GHz bands, for
all conditions and for all methods of modulation, must not exceed the
following values, unless the aggregate PFD produced by the entire
authorized constellation at any point at the Earth's surface does not
exceed -115 ((dBW/m\2\)/MHz):
* * * * *
(f) The EPFD produced at any point in the geostationary-satellite
orbit by emissions from all the space stations in an NGSO FSS system
(EPFDis), in the frequency bands and Regions listed below,
for all conditions and for all methods of modulation, must not exceed
the given limits for the specified percentages of time. These limits
relate to the EPFD that would be obtained under free-space propagation
conditions into a reference antenna and in the reference bandwidth
specified below, for all pointing directions towards the Earth's
surface visible from any given location in the geostationary-satellite
orbit.
Limits to the EPFDIS Radiated by NGSO FSS Systems in Certain Frequency Bands
----------------------------------------------------------------------------------------------------------------
Percentage of
time during
EPFDdown which EPFDdown Reference Reference antenna
Frequency band (GHz) (dB(W/m\2\)) may not be bandwidth diameter and reference
exceeded (kHz) radiation pattern \1\
----------------------------------------------------------------------------------------------------------------
10.7-11.7, 12.5-12.75................. -160 100 40 4[deg] Recommendation
ITU-R S.672-4, Ls =-20
17.8-18.4, 19.3-19.4, 19.6-19.7....... -160 100 40 4[deg] Recommendation
ITU-R S.672-4, Ls =-20
----------------------------------------------------------------------------------------------------------------
\1\ In this Table, the reference pattern of Recommendation ITU-R S. 672.4 must be used only for the calculation
of interference from NGSO FSS systems into GSO FSS networks. In applying the equations of Annex 1 to
Recommendation ITU-R S.672-4, the parabolic main beam equation must start at zero.
(g) In the frequency bands and Regions listed in Tables IG through
4G below, the single-entry EPFD in the space-to-Earth direction
(EPFDdown) at any point on the Earth's surfaceproduced by
emissions from all co-frequency space stations of a single NGSO FSS
system must not exceed limits for the given percentages of time.
Table 1G--Limits to the EPFDDOWN Radiated by NGSO FSS Systems in Certain Frequency Bands \1\ \2\
----------------------------------------------------------------------------------------------------------------
Percentage of
time during
EPFDdown which EPFDdown Reference Reference antenna
Frequency band (GHz) (dB(W/m\2\)) may not be bandwidth diameter and reference
exceeded (kHz) radiation pattern \3\
----------------------------------------------------------------------------------------------------------------
10.7-11.7 in all Regions; 11.7-12.2 in -175.4 0 40 60 cm Recommendation ITU-
Region 2; 12.2-12.5 in Region 3; and -174 90 R S.1428-1.
12.5-12.75 in Regions 1 and 3. -170.8 99
-165.3 99.73
-160.4 99.991
-160 99.997
-160 100
-181.9 0 40 1.2 m Recommendation ITU-
-178.4 99.5 R S.1428-1.
-173.4 99.74
-173 99.857
-164 99.954
-161.6 99.984
-161.4 99.991
-160.8 99.997
-160.5 99.997
-160 99.9993
-160 100
[[Page 3273]]
-190.45 0 40 3 m Recommendation ITU-R
-189.45 90 S.1428-1.
-187.45 99.5
-182.4 99.7
-182 99.855
-168 99.971
-164 99.988
-162 99.995
-160 99.999
-160 100
-195.45 0 40 10 m Recommendation ITU-
-195.45 99 R S.1428-1.
-190 99.65
-190 99.71
-172.5 99.99
-160 99.998
-160 100
----------------------------------------------------------------------------------------------------------------
\1\ In addition to the limits shown in Table 1G, the limits shown in Table 2G apply to all antenna sizes greater
than 60 cm in the frequency bands listed in Table 1G.
\2\ For each reference antenna diameter, the limit consists of the complete curve on a plot which is linear in
decibels for the EPFDdown levels and logarithmic for the time percentages, with straight lines joining the
data points.
\3\ The earth station antenna reference patterns are to be used only for the calculation of interference from
NGSO FSS systems into GSO FSS networks.
Table 2G--Limits to the EPFDDOWN Radiated by NGSO FSS Systems at Certain Latitudes
----------------------------------------------------------------------------------------------------------------
100% of the time EPFDdown (dB(W/(m\2\/40 kHz)))
Latitude (North or South in degrees)
----------------------------------------------------------------------------------------------------------------
-160............................................ 0 <[verbar] Latitude [verbar] <= 57.5.
-160 + 3.4(57.5 - [verbar] Latitude [verbar])/4. 57.5 <[verbar] Latitude [verbar] <= 63.75.
-165.3.......................................... 63.75 <=[verbar] Latitude [verbar].
----------------------------------------------------------------------------------------------------------------
Table 3G--Limits to the EPFDDOWN Radiated by NGSO FSS Systems in Certain Frequency Bands \2\ \4\
----------------------------------------------------------------------------------------------------------------
Percentage of
time during
EPFDdown which EPFDdown Reference Reference antenna
Frequency band (GHz) (dB(W/m\2\)) may not be bandwidth diameter and reference
exceeded (kHz) radiation pattern \3\
----------------------------------------------------------------------------------------------------------------
17.8-18.6............................. -175.4 0 40 1 m Recommendation ITU-R
-175.4 90 S.1428-1.
19.3-19.4............................. -172.5 99
-167 99.714
19.6-19.7............................. -164 99.971
-164 100
-161.4 0 1000
-161.4 90
-158.5 99
-153 99.714
-150 99.971
-150 100
-178.4 0 40 2 m Recommendation ITU-R
S.1428-1.
-178.4 99.4
-171.4 99.9
-170.5 99.913
-166 99.971
-164 99.977
-164 100
-164.4 0 1000
-164.4 99.4
-157.4 99.9
-156.5 99.913
[[Page 3274]]
-152 99.971
-150 99.977
-150 100
-185.4 0 40 5 m Recommendation ITU-R
-185.4 99.8 S.1428-1.
-180 99.8
-180 99.943
-172 99.943
-164 99.998
-164 100
-171.4 0 1000
-171.4 99.8
-166 99.8
-166 99.943
-158 99.943
-150 99.998
-150 100
----------------------------------------------------------------------------------------------------------------
\4\ An NGSO satellite system must meet the limits of Table 3G in both the 40 kHz and the 1 MHz reference
bandwidths.
Table 4G--Limits to the EPFDDOWN Radiated by NGSO FSS Systems in Certain Frequency Bands \2\ \4\
----------------------------------------------------------------------------------------------------------------
Percentage of
time during
EPFDdown which EPFDdown Reference Reference antenna
Frequency band (GHz) (dB(W/m\2\)) may not be bandwidth diameter and reference
exceeded (kHz) radiation pattern \3\
----------------------------------------------------------------------------------------------------------------
19.7-20.2............................. -187.4 0 40 70 cm Recommendation ITU-
-182 71.429 R S.1428-1.
-172 97.143
-154 99.983
-154 100
-173.4 0 1000
-168 71.429
-158 97.143
-140 99.983
-140 100
-190.4 0 40 90 cm Recommendation ITU-
-181.4 91 R S.1428-1.
-170.4 99.8
-168.6 99.8
-165 99.943
-160 99.943
-154 99.997
-154 100
-176.4 0 1000
-167.4 91
-156.4 99.8
-154.6 99.8
-151 99.943
-146 99.943
-140 99.997
-140 100
-196.4 0 40 2.5 m Recommendation ITU-
-162 99.98 R S.1428-1.
-154 99.99943
-154 100
-182.4 0 1000
-148 99.98
-140 99.99943
-140 100
[[Page 3275]]
-200.4 0 40 5 m Recommendation ITU-R
-189.4 90 S.1428-1.
-187.8 94
-184 97.143
-175 99.886
-164.2 99.99
-154.6 99.999
-154 99.9992
-154 100
-186.4 0 1000
-175.4 90
-173.8 94
-170 97.143
-161 99.886
-150.2 99.99
-140.6 99.999
-140 99.9992
-140 100
----------------------------------------------------------------------------------------------------------------
Note to paragraph (g): These limits relate to the EPFD that would
be obtained under free-space propagation conditions for all conditions
and for all methods of modulation. (h) In the frequency bands and
Regions listed in Tables 1H through 4H below, the aggregate EPFD in the
space-to-Earth direction (EPFDdown) at any point on the
Earth's surface produced by emissions from all co-frequency space
stations of all NGSO FSS systems must not exceed the specified limits
for the given percentages of time.
Table 1H--Limits on Aggregate EPFDDOWN Radiated by NGSO FSS Systems in Certain Frequency Bands \1\ \2\
----------------------------------------------------------------------------------------------------------------
Percentage of
time during
EPFDdown which EPFDdown Reference Reference antenna
Frequency band (GHz) (dB(W/m\2\)) may not be bandwidth diameter and reference
exceeded (kHz) radiation pattern \3\
----------------------------------------------------------------------------------------------------------------
10.7-11.7 in all Regions; 11.7-12.2 in -170 0 40 60 cm Recommendation ITU-
Region 2; 12.2-12.5 in Region 3; and -168.6 90 R S.1428.
12.5-12.75 in Regions 1 and 3. -165.3 99
-160.4 99.97
-160 99.99
-160 100
-176.5 0 40 1.2 m Recommendation ITU-
-173 99.5 R S.1428.
-164 99.84
-161.6 99.945
-164.4 99.97
-160.8 99.99
-160.5 99.99
-160 99.9975
-160 100
-185 0 40 3 m Recommendation ITU-R
-184 90 S.1428.
-182 ..............
-168 99.5
-164 99.9
-162 99.96
-160 99.982
-160 99.997
100
[[Page 3276]]
-190 0 40 10 m Recommendation ITU-
-190 99 R S.1428.
-166 99.99
-160 99.998
-160 100
----------------------------------------------------------------------------------------------------------------
\1\ In addition to the limits shown in Table 1H, the aggregate EPFDdown limits shown in Table 2H apply to all
antenna sizes greater than 60 cm in the frequency bands listed in Table 1H.
\2\ For each reference antenna diameter, the limit consists of the complete curve on a plot which is linear in
decibels for the EPFDdown levels and logarithmic for the time percentages, with straight lines joining the
data points.
\3\ The earth station antenna reference patterns are to be used only for the calculation of interference from
NGSO FSS systems into GSO FSS networks.
Table 2H-- Limits on Aggregate EPFDDOWN Radiated by NGSO FSS Systems at Certain Latitudes
----------------------------------------------------------------------------------------------------------------
100% of the time EPFDdown (dB(W/(m\2\/40 kHz)))
Latitude (North or South in degrees)
----------------------------------------------------------------------------------------------------------------
-160............................................ 0 <[verbar] Latitude [verbar] <= 57.5.
-160 + 3.4(57.5 - [verbar] Latitude [verbar])/4. 57.5 <[verbar] Latitude [verbar] <= 63.75.
-165.3.......................................... 63.75 <=[verbar] Latitude [verbar].
----------------------------------------------------------------------------------------------------------------
Table 3H--Limits on Aggregate EPFDDOWN Radiated by NGSO FSS Systems in Certain Frequency Bands \2\ \4\
----------------------------------------------------------------------------------------------------------------
Percentage of
time during
EPFDdown which EPFDdown Reference Reference antenna
Frequency band (GHz) (dB(W/m\2\)) may not be bandwidth diameter and reference
exceeded (kHz) radiation pattern \3\
----------------------------------------------------------------------------------------------------------------
17.8-18.6............................. -170 0 40 1 m Recommendation ITU-R
-170 90 S.1428.
19.3-19.4............................. -164 99.9
-164 100
19.6-19.7............................. -156 0 1000
-156 90
-150 99.9
-150 100
-173 0 40 2 m Recommendation ITU-R
-173 99.4 S.1428.
-166 99.9
-164 99.92
-164 100
-159 0 1000
-159 99.4
-152 99.9
-150 99.92
-150 100
-180 0 40 5 m Recommendation ITU-R
-180 99.8 S.1428.
-172 99.8
-164 99.992
-164 100
-166 0 1000
-166 99.8
-158 99.8
-150 99.992
-150 100
----------------------------------------------------------------------------------------------------------------
\4\ An NGSO system must meet the limits of this Table in both the 40 kHz and the 1 MHz reference bandwidths.
[[Page 3277]]
Table 4H--Limits on Aggregate EPFDDOWN Radiated by NGSO FSS Systems in Certain Frequency Band \2\ \4\
----------------------------------------------------------------------------------------------------------------
Percentage of
time during
EPFDdown which EPFDdown Reference Reference antenna
Frequency band (GHz) (dB(W/m\2\)) may not be bandwidth diameter and reference
exceeded (kHz) radiation pattern \3\
----------------------------------------------------------------------------------------------------------------
19.7-20.2............................. -182 0 40 70 cm Recommendation ITU-
-172 90 R S.1428.
-154 99.94
-154 100
-168 0 1000
-158 90
-140 99.94
-140 100
-185 0 40 90 cm Recommendation ITU-
-176 91 R S.1428.
-165 99.8
-160 99.8
-154 99.99
-154 100
-171 0 1000
-162 91
-151 99.8
-146 99.8
-140 99.99
-140 100
-191 0 40 2.5 m
-162 99.933 Recommendation
-154 99.998 ITU-R S.1428
-154 100
-177 0 1000
-148 99.933
-140 99.998
-140 100
-195 0 40 5 m Recommendation ITU-R
-184 90 S.1428.
-175 99.6
-161 99.984
-154 99.9992
-154 100
-181 0 1000
-170 90
-161 99.6
-147 99.984
-140 99.9992
-140 100
----------------------------------------------------------------------------------------------------------------
Note to paragraph (h): These limits relate to the EPFD, which would
be obtained under free-space propagation conditions, for all conditions
and for all methods of modulation.
* * * * *
(j) In the frequency bands and Regions listed in Tables 1J and 2J,
the operational EPFD in the space-to-Earth direction (operational
EPFDdown) at any point on the Earth's surface, produced by
actual operational emissions from the in-line co-frequency space
station of an NGSO FSS system, must never exceed the specified
operational limits:
Table 1J--Operational Limits to the EPFDDOWN Radiated by NGSO FSS Systems in Certain Frequency Bands \1\
----------------------------------------------------------------------------------------------------------------
Percentage of
time during GSO system Orbital
EPFDdown (dB(W/ which EPFDdown Reference receive earth inclination of
Frequency band (GHz) m \2\)) may not be bandwidth station the GSO
exceeded (kHz) antenna gain satellite
(dBi) (degrees)
----------------------------------------------------------------------------------------------------------------
10.7-11.7 in all Regions...... -163 100 40 3 <=2.5
11.7-12.2 in Region 2......... -166 .............. .............. 6
12.2-12.5 in region 3, and.... -167.5 .............. .............. 9
12.5-12.75 in Region 1 and 3 -169.5 .............. .............. >=18 ................
(prior to 31 December 2005)..
[[Page 3278]]
-160 100 40 3 >=2.5 and <=4.5.
-163 6
-164.5 9
-166.5 >=18
10.7-11.7 in all Regions;..... -161.25 100 40 3 <=2.5.
11.7-12.2 in Region 2;........ -164 .............. .............. 6
12.2-12.5 in Region 3;........ -165.5 .............. .............. 9
and 12.5-12.75 in Regions 1 -167.5 .............. .............. >=18
and 3 (from 31 December 2005)
-158.25 100 40 3 >=2.5 and <=4.5.
-161 6
-162.5 9
-164.5 >=18
----------------------------------------------------------------------------------------------------------------
\1\ The operational limits on the EPFDdown radiated by NGSO FSS systems must be the values given in Table 2G or
this table, whichever are the more stringent.
\2\ For antenna diameters between the values given in this table, the limits are given by linear interpolation
using a linear scale for EPFDdown in decibels and a logarithmic scale for antenna diameter in meters.
Table 2J--Operational Limits to the EPFDDOWN Radiated by NGSO FSS Systems in Certain Frequency Bands \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percentage of
time during GSO system
EPFDdown (dB(W/ which EPFDdown Reference receive earth Orbital inclination of the GSO satellite
Frequency band (GHz) m \2\)) may not be bandwidth station (degrees)
exceeded (kHz) antenna gain
(dBi)
--------------------------------------------------------------------------------------------------------------------------------------------------------
19.7-20.2................................. -157 100 40 >=49 <=2.5
-157 100 40 \3\ >=43 <=2.5
-155 100 40 >=49 >2.5 and <=4.5
19.7-20.2................................. -143 100 1000 >=49 <=2.5
-143 100 1000 \3\ >=43> <=2.5
-141 100 1000 >=49 >2.5 and <=4.5
17.8-18.6................................. -164 100 40 >=49 <=2.5
19.3-19.4................................. -162 100 40 >=49 >2.5 and <=4.5
19.6-19.7.................................
17.8-18.6................................. -150 100 1000 >=49 <=2.5
19.3-19.4................................. -148 100 1000 >=49 >2.5 and <=4.5
19.6-19.7.................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\3\ The operational limit applies to NGSO systems operating at altitudes of 7000 km or above in order to protect GSO FSS networks employing adaptive
coding.
Note to paragraph (j): These limits relate to the operational EPFD
which would be obtained under free-space propagation conditions, for
all conditions, for all methods of modulation and for the specified
inclined GSO FSS operations.
(k) In the frequency bands and Regions listed in the following
Table, the EPFD in the Earth-to-space direction (EPFDup)
produced at any point on the GSO by the emissions from all co-frequency
earth stations in an NGSO FSS system, for all conditions and for all
methods of modulation, must not exceed the specified limits for the
given percentages of time:
Limits to the EPFDUP Radiated by NGSO FSS Systems in Certain Frequency Bands
----------------------------------------------------------------------------------------------------------------
Percentage of
time during
EPFDup (dB(W/m which EPFDup Reference Reference antenna
Frequency band (GHz) \2\)) may not be bandwidth beamwidth and reference
exceeded (kHz) radiation pattern \1\
----------------------------------------------------------------------------------------------------------------
12.5-12.75............................ -160 100 40 4 [deg] Recommendation
ITU-R S.672-4, Ls = -
20.
12.75-13.25
13.75-14.5
17.3-18.1 (Regions 1 and 3)........... -160 100 40 4 [deg] Recommendation
ITU-R S.672-4, Ls = -
20.
17.8-18.1 (Region 2) \2\
27.5-28.6............................. -162 100 40 1.55 [deg]
Recommendation ITU-R
S.672-4, Ls = -20.
29.3-30............................... -162 100 40 1.55 [deg]
Recommendation ITU-R
S.672-4, Ls = -20.
----------------------------------------------------------------------------------------------------------------
\1\ For the case of Ls = -10, the values a = 1.83 and b = 6.32 should be used in the equations in the Annex of
Recommendation ITU-R S.672-4 for single-feed circular beams. In all cases of Ls, the parabolic main beam
equation should start at zero.
[[Page 3279]]
\2\ This EPFDup level also applies to the 17.3-17.8 GHz band to protect BSS feeder links in Region 2 from NGSO
FSS Earth-to-space transmissions in Regions 1 and 3.
Note to paragraph (k): These limits relate to the uplink EPFD, which would be obtained under free-space
propagation conditions, for all conditions and for all methods of modulation.
* * * * *
0
17. In Sec. 25.217, revise paragraphs (b)(1) and (c)(1) to read as
follows:
Sec. 25.217 Default service rules.
* * * * *
(b)(1) For all NGSO-like satellite licenses for which the
application was filed pursuant to the procedures set forth in Sec.
25.157 after August 27, 2003, authorizing operations in a frequency
band for which the Commission has not adopted frequency band-specific
service rules at the time the license is granted, the licensee will be
required to comply with the following technical requirements,
notwithstanding the frequency bands specified in these rule provisions:
Sec. Sec. 25.143(b)(2)(ii), (iii), 25.204(e), 25.210(f), (i).
* * * * *
(c)(1) For all GSO-like satellite licenses for which the
application was filed pursuant to the procedures set forth in Sec.
25.158 after August 27, 2003, authorizing operations in a frequency
band for which the Commission has not adopted frequency band-specific
service rules at the time the license is granted, the licensee will be
required to comply with the following technical requirements,
notwithstanding the frequency bands specified in these rule provisions:
Sec. Sec. 25.143(b)(2)(iv), 25.204(e), 25.210(f), (i), (j).
* * * * *
0
18. Revise Sec. 25.261 to read as follows:
Sec. 25.261 Procedures for avoidance of in-line interference among
NGSO FSS systems.
(a) Scope. This section applies to NGSO FSS satellite systems that
communicate with earth stations with directional antennas and that
operate under a Commission license or grant of U.S. market access under
this part in the 10.7-12.7 GHz (space-to-Earth), 12.75-13.25 GHz
(Earth-to-space), 13.75-14.5 GHz (Earth-to-space), 17.8-18.6 GHz
(space-to-Earth), 18.8-19.4 GHz (space-to-Earth), 19.6-20.2 GHz (space-
to-Earth), 27.5-29.1 GHz (Earth-to-space), or 29.3-30 GHz (Earth-to-
space) bands.
(b) Definition of ``In-line event.'' For purposes of this section,
an ``in-line event'' associated with a specific frequency range occurs
when there is physical alignment of space stations of two or more NGSO
FSS satellite systems authorized to use this frequency range with an
operating earth station of one of these systems such that the angular
separation between operational links of the satellite systems is less
than 10[deg] as measured at the earth station.
(c) Default procedure. Unless otherwise coordinated pursuant to
paragraph (d) of this section, NGSO FSS satellite operators
experiencing an in-line event must divide their commonly assigned
spectrum in accordance with the following procedure:
(1) Each of n (number of) satellite systems involved in a
particular in-line event must select 1/n of the commonly assigned
frequency range for its ``home'' spectrum. The selection order for each
satellite system will be determined by the date that the first space
station in the satellite system commences operation.
(2) The affected space station(s) of the respective satellite
systems must operate only in the selected (1/n) spectrum associated
with its satellite system, its home spectrum, for the duration of the
in-line event.
(3) All affected space station(s) may resume operations throughout
the frequency range associated with the in-line event once the angular
separation between the space stations exceeds 10[deg].
(d) Coordination procedure. Any coordination procedure agreed among
the affected operating satellite systems, which allows operations of
the satellite systems when each system's respective space stations are
within the 10 degree avoidance angle associated with an in-line event,
will supersede the default procedure of paragraph (c) of this section.
All parties must coordinate in good faith.
0
19. Revise Sec. 25.271(e) to read as follows:
Sec. 25.271 Control of transmitting stations.
* * * * *
(e) The licensee or market access recipient for an NGSO FSS
satellite system operating in the 10.7-14.5 GHz, 17.8-18.6 GHz, 18.8-
19.4 GHz, 19.6-20.2 GHz, 27.5-29.1 GHz, or 29.3-30 GHz bands must
maintain an electronic Web site bulletin board to list the satellite
ephemeris data for each satellite in the constellation, using the North
American Aerospace Defense Command (NORAD) two-line orbital element
format. The orbital elements must be updated at least once every three
days.
* * * * *
[FR Doc. 2016-31795 Filed 1-10-17; 8:45 am]
BILLING CODE 6712-01-P