[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Rules and Regulations]
[Pages 37027-37030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16662]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[IB Docket No. 06-123, FCC 17-49]
Establishment of Policies and Service Rules for the Broadcasting-
Satellite Service at the 17.3-17.8 GHz and the 24.75-25.25 GHz
Frequency Bands for Feeder Links to the Broadcasting-Satellite Service
and for Satellite Services Operating Bi-Directionally
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Federal Communications Commission adopts technical rules
to mitigate ground-path interference between the Digital Broadcasting
Satellite Service (DBS) and the Broadcasting-Satellite Service (BSS) in
the 17.3-17.8 GHz band to protect consumers and foster more rapid
deployment of services, greater investment, and new innovation.
DATES: Effective September 7, 2017.
FOR FURTHER INFORMATION CONTACT: Sean O'More, 202-418-2453, or if
concerning the information collections in this document, Cathy
Williams, 202-418-2918.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third
Report and Order, FCC 17-49, adopted April 21, 2017, and released April
25, 2017. The full text of the Report and Order is available at https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-49A1.pdf. It also are
available for inspection and copying during business hours in the FCC
Reference Information Center, Portals II, 445 12th Street SW., Room CY-
A257, Washington, DC 20554. To request materials in accessible formats
for people with disabilities, send an email to [email protected] or call
the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice),
202-418-0432 (TTY).
Synopsis
This Report and Order adopts new rules to mitigate interference
from DBS feeder-link earth stations to BSS consumer earth terminals
(ground path interference) in the 17.3-17.8 GHz band. We adopt a rule
allowing currently-licensed DBS feeder link earth stations to continue
operations under the terms of their current licenses, and to expand
their facilities provided that new antennas are constructed within one
kilometer of current antennas and the aggregate power-flux density of
the station at any point does not increase.
We adopt a methodology for determining a coordination zone for new
DBS feeder-link earth stations, and require applicants for new DBS
feeder-link earth stations to coordinate with BSS licensees to achieve
agreement on interference mitigation. We adopt rules specifying the
information applicants for new DBS feeder-link earth stations must
provide for the purposes of coordination.
Paperwork Reduction Act
This document contains new and modified information collection
requirements subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. It will be submitted to the Office of Management and
Budget (OMB) for review under section 3507(d) of the PRA. OMB, the
general public, and other Federal agencies will be invited to comment
on the new or modified information collection requirements contained in
this proceeding in a separate Federal Register notice.
Pursuant to the Small Business Paperwork Relief Act of 2002, Public
Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific
comment on how the Commission might further reduce the information
collection burden for small business concerns with fewer than 25
employees. We received no comments on this issue. We have assessed the
effects of the revisions adopted that might impose information
collection burdens on small business concerns, and find that the impact
on businesses with fewer than 25 employees will be an overall reduction
in burden.
Congressional Review Act
The Commission will send copies of this Report and Order to
Congress and the General Accountability Office pursuant to the
Congressional Review Act, 5 U.S.C. 801(a)(1)(A), and will send a copy
including the final regulatory flexibility act analysis to the Chief
Counsel for Advocacy of the Small Business Administration, in
accordance with section 603(a) of the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. (1981).
Final Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act (RFA), an Initial
Regulatory Flexibility Analysis (IRFA) was incorporated in the Further
Notice of Proposed Rulemaking in the Matter of Comprehensive Review of
Licensing and Operating Rules for Satellite Services. The Commission
sought written public comment on the proposals in the NPRM, including
comment on the IRFA. No comments were received on the IRFA. This Final
Regulatory Flexibility Analysis (FRFA) conforms to the RFA.
Need for, and Objectives of, the Rules
The objective of the Report and Order is to adopt processing and
service rules for the 17/24 GHz Broadcasting-Satellite Service (BSS)
which will address potential interference scenarios which arise in the
reverse band operating environment. The rules will mitigate against
ground path interference. Specifically, we adopt criteria to facilitate
sharing in the 17 GHz bands by BSS and Direct Broadcast Satellite (DBS)
services. These new rules will introduce a new generation of broadband
services to the public, providing a mix of local and domestic video,
audio, data, video-on-demand, and multimedia services to consumers
[[Page 37028]]
in the United States. In some cases, these new BSS services will
complement existing DBS services. By these actions, we facilitate the
introduction of new and innovative services to consumers in the United
States and promote increased competition among satellite and
terrestrial services.
Summary of Significant Issues Raised by Public Comments in Response to
the IRFA
No party filing comments in this proceeding responded to the IRFA,
and no party filing comments in this proceeding otherwise argued that
the policies and rules proposed in this proceeding would have a
significant economic impact on a substantial number of small entities.
The Commission has, nonetheless, considered any potential significant
economic impact that the rule changes may have on the small entities
which are impacted. On balance, the Commission believes that the
economic impact on small entities will be negligible.
Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
Pursuant to the Small Business Jobs Act of 2010, the Commission is
required to respond to any comments filed by the Chief Counsel for
Advocacy of the Small Business Administration, and to provide a
detailed statement of any change made to the proposed rules as a result
of those comments. The Chief Counsel did not file any comments in
response to the proposed rules in this proceeding.
Description and Estimate of the Number of Small Entities to Which the
Rules May Apply
The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the rules adopted herein. The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A small business concern is one 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 further describe and estimate the
number of small entity licensees that may be affected by the adopted
rules.
Satellite Telecommunications. The SBA has developed a small
business size standard for the two broad census categories of
``Satellite Telecommunications'' and ``Other Telecommunications.''
Under both categories, a business is considered small if it has $13.5
million or less in annual receipts. The 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, 307 firms had annual receipts of under $10 million per
firm, and 26 firms had receipts of $10 million to $24,999,999 per firm.
Consequently, we estimate that the majority of Satellite
Telecommunications firms are small entities that might be affected by
our action.
The category of Other Telecommunications ``comprises establishments
primarily engaged in (1) providing specialized telecommunications
applications, such as satellite tracking, communications telemetry, and
radar station operations; or (2) providing satellite terminal stations
and associated facilities operationally connected with one or more
terrestrial communications systems and capable of transmitting
telecommunications to or receiving telecommunications from satellite
systems.'' For this category, Census Bureau data for 2007 show that
there were a total of 2,383 firms that operated for the entire year. Of
this total, 482 firms had annual receipts of under $25 million.
Consequently, we estimate that the majority of Other Telecommunications
firms are small entities that might be affected by our action.
Space Stations (Geostationary). Commission records reveal that
there are 44 space station licensees. We do not request or collect
annual revenue information concerning such licensees, and thus are
unable to estimate the number of geostationary space station licensees
that would constitute a small business under the SBA definition cited
above, or apply any rules providing special consideration for
geostationary space station licensees that are small businesses.
17 GHz Transmitting Earth Stations. Currently there are
approximately 47 operational earth stations in the 17.3-17.7 GHz bands.
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.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements for Small Entities
Under the Commission's existing rules, all requests for space
station authorizations are required to be in the form of a
comprehensive proposal submitted on the relevant FCC forms. Similarly,
to obtain an earth station authorization, applicants must file the
appropriate forms as required by the Commission's rules. In addition to
our existing requirements, in this Third Report and Order we adopt
certain specific requirements for 17/24 GHz BSS earth and space station
applications.
Earth Station Applications. Applications for feeder-link earth
stations operating in the 17.3-17.8 GHz band (Earth-to-space) and
providing service to geostationary satellites in the 17/24 GHz BSS must
include, for each new or modified earth station, a certificate of
coordination agreement with any holder of a blanket license for BSS
receive earth terminals located within a coordination distance of the
feeder-link earth station established by ITU rules.
The Commission does not expect significant costs to be associated
with these rules. Therefore, we do not anticipate that the burden of
compliance would be greater for smaller entities.
Steps Taken To Minimize Significant Economic Impact on Small Entities,
and Significant Alternatives Considered
The RFA requires that, to the extent consistent with the objectives
of applicable statutes, the analysis shall discuss significant
alternatives such as: (1) The establishment of differing compliance or
reporting requirements or timetables that take into account the
resources available to small entities; (2) the clarification,
consolidation, or simplification of compliance and reporting
requirements under the rule for small entities; (3) the use of
performance, rather than design, standards; and (4) an exemption from
coverage of the rule, or any part thereof, for small entities.\1\
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\1\ 5 U.S.C. 603(c)(1), (c)(4).
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The rules adopted herein are necessary to protect 17/24 GHz BSS
[[Page 37029]]
subscribers from DBS feeder links (ground-path interference). These
rules will enable the efficient operation of the 17/24 GHz BSS, which
is expected to introduce a new generation of broadband services to the
public, and ensure that consumers enjoy the continued uninterrupted
operation of DBS.
The technical rules adopted here are the least intrusive option
considered in terms of compliance requirements and will be the most
effective in terms of facilitating the licensing of operations in the
17/24 GHz BSS without causing harmful interference to other authorized
radiocommunication services. We have considered alternatives, including
subjecting existing DBS uplink facilities to new interference-
mitigation requirements and establishing protection zones for existing
DBS uplink facilities, and believe the rules as adopted provide the
most equitable solution to the potential interference problems posed by
the operations in 17/24 GHz BSS. By requiring that technical showings
be made prior to operation, we anticipate that there will be far fewer
instances of harmful interference between these two services. This will
have a positive economic impact on all satellite space station and
earth station licensees, including small entities.
Incorporation by Reference
This final rule incorporates by reference an element of the ITU
Radio Regulations, Edition of 2012, into part 25 for specific purposes:
ITU Radio Regulations, Appendix 7, ``Methods for determination of
the coordination area around an earth station in frequency bands
between 100 MHz and 105 GHz,'' Section 3, ``Horizon antenna gain for a
receiving earth station with respect to a transmitting earth station,''
Table 9b.
This material is available for free download at http://www.itu.int/pub/R-REG-RR-2012. In addition, copies of all of the materials are
available for purchase from the ITU through the contact information
provided in Sec. 25.108, and are available for public inspection at
the Commission address noted in the rule as well.
Appendix 7, Section 3 establishes the methodology and values for
determining coordination areas between transmitting earth stations and
receiving earth stations in the satellite services. The Sec. 25.203(m)
requires applicants for new DBS feeder-link earth stations to use the
values in Table 9b, as amended by Sec. 25.203(m), to determine the
area within which they must coordinate with BSS licensees.
Ordering Clauses
It is ordered that, pursuant to the authority contained in sections
1, 4(i), 4(j), 7(a), 301, 303(c), 303(f), 303(g), 303(r), 303(y), and
308 of the Communications Act of 1934, as amended, 47 U.S.C. 151,
154(i), 154(j), 157(a), 301, 303(c), 303(f), 303(g), 303(r), 303(y),
308, this Third Report and Order is adopted.
It is further ordered that part 25 of the Commission's rules, 47
CFR 25 is amended.
It is further ordered that this Third Report and Order shall be
effective September 7, 2017, except the amendments to Sec. Sec. 25.108
and 25.203, 47 CFR 25.108 and 25.203, which contain new or modified
information collection requirements that require approval by the Office
of Management and Budget under the Paperwork Reduction Act, will become
effective after the Commission publishes a notice in the Federal
Register announcing such approval and the relevant effective date.
It is further ordered that, pursuant to section 801(a)(1)(A) of the
Congressional Review Act, 5 U.S.C. 801(a)(1)(A), the Commission shall
send a copy of this Report and Order to Congress and to the Government
Accountability Office.
It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Third Report and Order, including the Final Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
List of Subjects in 47 CFR Part 25
Administrative practice and procedure, Earth stations,
Incorporation by reference, Satellites.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 25 as follows:
PART 25--SATELLITE COMMUNICATIONS
0
1. The authority citation for part 25 is revised 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
2. Amend Sec. 25.108 by redesignating paragraphs (b)(2) through (5) as
paragraphs (b)(3) through (6) and by adding new paragraph (b)(2) to
read as follows:
Sec. 25.108 Incorporation by reference.
* * * * *
(b) * * *
(2) ITU Radio Regulations, Volume 2: Appendices, Appendix 7,
``Methods for the determination of the coordination areas around an
earth station in the frequency bands between 100 MHz and 105 GHz,''
Edition of 2012, http://www.itu.int/pub/R-REG-RR-2012. Incorporation by
reference approved for Sec. 25.203(m).
* * * * *
0
4. Amend Sec. 25.203 by adding paragraph (m) to read as follows:
Sec. 25.203 Choice of sites and frequencies.
* * * * *
(m) Feeder links to DBS space stations:
(1) Each applicant for a license to construct a new FSS earth
station to provide feeder-link service to DBS space stations in the
frequency band 17.3-17.8 GHz, or to modify any such station currently
authorized except where the modification is for a new station within
one kilometer of a currently-licensed earth station and modification
will not increase the aggregate pfd, measured at any point 3-10 meters
above the ground, above that generated by the current earth station,
shall identify a coordination zone around its proposed new or modified
earth station by the methodology outlined in Annex 3 of Appendix 7 of
the ITU Radio Regulations, using the following values for the
parameters in Table 9b of Annex 7 of Appendix 7:
[[Page 37030]]
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Space service designation in which Fixed-satellite
the transmitting earth station
operates.
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Frequency bands (GHz)................ 17.3-17.8
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Space service designation in which Broadcasting-satellite
the receiving earth station operates.
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Orbit................................ GSO
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Modulation at receiving earth station N (digital)
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Receiving earth station interference
parameters and criteria:
p0 (%)........................... 0.015
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n................................ 2
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p (%)............................ 0.015
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NL(dB)........................... 1
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Ms (dB).......................... In the area specified In the area specified In the area specified
in 47 CFR Sec. in 47 CFR Sec. in 47 CFR Sec.
25.209(w)(1) and (4). 25.209(w)(2). 25.209(w)(3).
4.8.................... 3.0.................... 1.8.
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W (dB)........................... 4
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Receiving earth station parameters:
Gm (dBi)......................... 36
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Gr............................... 0
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emin............................. 20[deg]
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Te (K)........................... 150
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Reference bandwidth:
B (Hz)........................... 106
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Permissible interference power: Pr(p) -146.8................. -149.8................. -152.8.
(dBW) in B
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(2) Each applicant for such new or modified feeder-link earth
station shall provide the following information to a third-party
coordinator of its choice for use in coordination required by this
paragraph:
(i) The geographical coordinates of the proposed earth station
antenna(s);
(ii) Proposed operating frequency band(s) and emission(s);
(iii) Antenna diameter (meters);
(iv) Antenna center height above ground and ground elevation above
mean sea level;
(v) Antenna gain pattern(s) in the plane of the main beam;
(vi) Longitude range of geostationary satellite orbit (GSO)
satellites at which an antenna may be pointed;
(vii) Horizon elevation plot;
(viii) Antenna horizon gain plot(s) determined in accordance with
the procedure in Section 2.1 of Annex 5 to Appendix 7 of the ITU Radio
Regulations;
(ix) Minimum elevation angle;
(x) Maximum equivalent isotropically radiated power (e.i.r.p.)
density in the main beam in any 1 MHz band;
(xi) Maximum available RF transmit power density in any 1 MHz band
at the input terminals of the antenna(s);
(xii) A plot of the coordination distance contour(s) and rain
scatter coordination distance contour(s) as determined by Table 2 of
Section 3 to Appendix 7 of the ITU Radio Regulations.
(3) Each applicant for such new or modified feeder-link earth
stations shall file with its application memoranda of coordination with
each licensee authorized to construct BSS receive earth stations within
the coordination zone.
[FR Doc. 2017-16662 Filed 8-7-17; 8:45 am]
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