Federal Register: November 4, 2009 (Volume 74, Number 212)
DOCID: fr04no09-13 FR Doc E9-26215
FEDERAL COMMUNICATIONS COMMISSION
Federal Communications Commission
CFR Citation: 47 CFR Parts 2 and 25
Docket ID: [IB Docket No. 07-101; FCC 09-64]
NOTICE: RULES
DOCID: fr04no09-13
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
Amendment of the Commission's Rules To Allocate Spectrum and Adopt Service Rules and Procedures To Govern the Use of Vehicle-Mounted Earth Stations in Certain Frequency Bands Allocated to the Fixed- Satellite Service
DATES: Effective December 4, 2009, except for 47 CFR 25.132(b)(3), 25.226(a)(6), (b), (c), (d)(1), and (d)(3), which contain information collection requirements that have not been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act. The Federal Communications Commission will publish a document in the Federal Register announcing the effective date of these rules after it receives OMB approval for the information collection requirements.
DOCUMENT SUMMARY:
The Federal Communications Commission amends its rules to allocate spectrum and adopt service rules and procedures to govern the use of VehicleMounted Earth Stations (VMES) in the Kuband. These allocation, technical and licensing rules permit the domestic, U.S. licensing of VMES as a primary application of the FixedSatellite Service (FSS) in the relevant conventional and extended Kuband frequencies.
SUMMARY:
Amendment of Parts 2 and 25 of the Commission's Rules to Allocate Spectrum and Adopt Service Rules, etc.,
SUPPLEMENTAL INFORMATION
This is a summary of the Commission's Report and Order in IB Docket No. 07101, FCC 0964, adopted July 30, 2009, and released July 31, 2009. The full text of the Report and Order is available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th Street, SW., Washington, DC 20554. The document also is available for download over the Internet at http:/ /hraunfoss.fcc.gov/edocs_public/attachmatch/FCC0964A1.pdf. The complete text also may be purchased from the Commission's copy contractor, Best Copy and Printing, Inc. (BCPI), located in Room CY B402, 445 12th Street, SW., Washington, DC 20554. Customers may contact BCPI at its Web site: http://www.bcpiweb.com or call 18003783160. Paperwork Reduction Act of 1995 Analysis
The Report and Order contains rules with new information collections subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 10413 (44 U.S.C. 35013520). Implementation of these rules will be subject to approval by OMB as prescribed by the PRA. The Commission has published a separate notice in the Federal Register inviting OMB, the general public, and other Federal agencies to comment on the information collection requirements contained in this document. See 74 FR 41902, August 19, 2009. In addition, the Commission notes pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107298, see 44 U.S.C. 3506(c)(4), that the Commission previously sought specific comment on how the Commission may ``further reduce the information collection burden for small business concerns with fewer than 25 employees.''
Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act of 1980, as amended (RFA), the Notice of Proposed Rulemaking (NPRM) in this proceeding, Amendment of Parts 2 and 25 of the Commission's Rules to Allocate Spectrum and Adopt Service Rules and Procedures to Govern the Use of VehicleMounted Earth Stations in Certain Frequency Bands Allocated to the FixedSatellite Service, IB Docket No. 07101, adopted on May 9, 2007 and released on May 15, 2007, 72 FR 39357, July 18, 2007, incorporated an Initial Regulatory Flexibility Analysis (IRFA). The Commission sought written public comment on the proposals in the NPRM, including comment on the IRFA. This Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.
A. Need for, and Objectives of, the Report and Order
The NPRM sought to promote innovative and flexible use of satellite technology to provide advanced communications capabilities from VMES that would operate as a licensed application of the FSS in certain Ku band frequencies within the United States. It sought comment and developed a record on the capability of VMES to meet the interference avoidance requirements of the Kuband FSS.
The objective of the Report and Order is to adopt domestic U.S.
allocation, service and licensing rules to permit the licensing of VMES
in the conventional and extended Kuband frequencies where such systems
will meet the Commission's twodegree satellite spacing interference avoidance
[[Page 57093]]
requirements of the Kuband FSS. In this regard, the ``conventional''
Kuband refers to frequencies in the 11.712.2 GHz (downlink) and 14.0
14.5 GHz (uplink) bands and the covered ``extended Kuband'' includes
the 10.9511.2 GHz and 11.4511.7 GHz (downlink) bands. The rules will
permit VMES to operate as a primary application of the FSS in the
conventional bands. In the extended band frequencies, VMES may be
authorized to communicate with geostationary satellite orbit (GSO) FSS
space stations but must accept interference from stations of the Fixed
Service (FS) operating in accordance with the Commission's rules. The
rules promote spectrum sharing with certain secondary operations in the
uplink bands, including government space research service and radio astronomy service stations.
B. Summary of Significant Issues Raised by Public Comments in Response to the IRFA
No parties filed comments that separately or specifically addressed the IRFA.
C. Description and Estimate of the Number of Small Entities to Which Rules Will Apply
The RFA, at 5 U.S.C. 604(a)(3), 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, at
5 U.S.C. 601(6), generally defines the term ``small entity'' as having the same meaning as the terms ``small business,'' ``small
organization,'' and ``small governmental jurisdiction.'' In addition,
the term ``small business'' has the same meaning as the term ``small
business concern'' under the Small Business Act. A small business
concern is one that: (1) Is independently owned and operated; (2) is
not dominant in its field of operation; and (3) satisfies any
additional criteria established by the Small Business Administration
(SBA). See Small Business Act, 15 U.S.C. 632 (1996). Below, we further
describe and estimate the number of small entity licensees that may be affected by the adopted rules.
Satellite Telecommunications and All Other Telecommunications. These two economic census categories address the satellite industry. The first category has a small business size standard of $15 million or less in average annual receipts, under SBA rules (13 CFR 121.201, NAICS code 517410). The second has a size standard of $25 million or less in annual receipts (13 CFR 121.201, NAICS code 517919). The most current Census Bureau data in this context, however, are from the (last) economic census of 2002, and we will use those figures to gauge the prevalence of small businesses in these categories (13 CFR 121.201, NAICS codes 517410 and 517910 (2002)).
The category of Satellite Telecommunications ``comprises
establishments primarily engaged in providing telecommunications
services to other establishments in the telecommunications and
broadcasting industries by forwarding and receiving communications signals via a system of satellites or reselling satellite
telecommunications'' (U.S. Census Bureau, 2007 NAICS Definitions,
``517410 Satellite Telecommunications''; http://www.census.gov/naics/
2007/def/ND517410.HTM ). For this category, Census Bureau data for 2002
show that there were a total of 371 firms that operated for the entire
year (U.S. Census Bureau, 2002 Economic Census, Subject Series:
Information, ``Establishment and Firm Size (Including Legal Form of
Organization),'' Table 4, NAICS code 517410 (issued Nov. 2005)). Of
this total, 307 firms had annual receipts of under $10 million, 26
firms had receipts of $10 million to $24,999,999, and an additional 38
firms had annual receipts of $25 million or more. Consequently, we
estimate that the majority of Satellite Telecommunications firms are small entities that might be affected by our action.
The second category of All Other Telecommunications comprises,
inter alia, ``establishments primarily engaged in providing specialized
telecommunications services, such as satellite tracking, communications
telemetry, and radar station operation. This industry also includes
establishments primarily engaged in providing satellite terminal
stations and associated facilities connected with one or more
terrestrial systems and capable of transmitting telecommunications to,
and receiving telecommunications from, satellite systems'' (U.S. Census Bureau, 2007 NAICS Definitions, ``517919 All Other
Telecommunications''; http://www.census.gov/naics/2007/def/
ND517919.HTM#N517919). For this category, Census Bureau data for 2002
show that there were a total of 332 firms that operated for the entire
year (U.S. Census Bureau, 2002 Economic Census, Subject Series:
Information, ``Establishment and Firm Size (Including Legal Form of
Organization),'' Table 4, NAICS code 517910 (issued Nov. 2005)). Of
this total, 303 firms had annual receipts of under $10 million, 15
firms had annual receipts of $10 million to $24,999,999, and an
additional 14 firms had annual receipts of $25 million or more. Consequently, we estimate that the majority of All Other
Telecommunications firms are small entities that might be affected by our action.
Space Station Licensees (Geostationary). Commission records reveal that there are 20 space station licensees and operators in the Kuband. We do not request or collect annual revenue information concerning such licensees and operators, and thus are unable to estimate the number of geostationary space station licensees and operators that would constitute a small business under the SBA definition cited above, or apply any rules providing special consideration for geostationary space station licensees and operators that are small businesses.
FixedSatellite Service Transmit/Receive Earth Stations. Currently
there are approximately 2,879 operational fixedsatellite service
transmit/receive earth stations authorized for use in the Kuband. 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.
D. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements
The NPRM sought comment on whether to extend the current rules for
Earth Stations on Vessels (ESVs)an existing mobile application of the
FSSto VMES, a new mobile application of the FSS. The ESV rules, and
the VMES rules adopted in the Report and Order, require satellite
telecommunications operators to establish a database for tracking the
location of VMES remote earth stations. This database will assist
investigations of radio frequency interference claims. Application of
the ESV rules to VMES requires VMES operators to name a point of
contact to maintain information about location and frequencies used by
VMES terminals. Such information will assist in investigating radio
frequency interference claims. The Commission does not expect
significant costs associated with these proposals. Therefore, we do not
anticipate that the burden of compliance will be greater for smaller entities.
E. 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
[[Page 57094]]
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 (5 U.S.C. 603(c)(1), (c)(4)).
The NPRM solicited comment on alternatives for more efficient
processing of VMES applications and simplification of VMES procedures,
for example, by migrating from nonconforming use licensing to a
licensing method that would provide for licenses with terms of fifteen
years. The NPRM also sought comment on streamlining the application
process for VMES operations by permitting blanket licensing of multiple
VMES terminals in a single application, as an alternative to requiring
all VMES terminals to be licensed individually. In adopting blanket
licensing with fifteenyear terms for conforming VMES terminals, the
Report and Order simplifies the application process for VMES and
establishes licensing terms consistent with other satellitebased
services, such as ESV. Thus, adoption of the rules should reduce the
costs associated with obtaining and maintaining authority to operate a VMES network.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rules
None.
G. Report to Congress
The Commission will send a copy of the Report and Order, including this FRFA, in a report to be sent to Congress pursuant to the Congressional Review Act. In addition, the Commission will send a copy of the Report and Order, including this FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the Report and Order and FRFA (or summaries thereof) also will be published in the Federal Register (See 5 U.S.C. 604(b)).
Summary of Report and Order
The Commission, in the Report and Order, adopts new VMES rules and concludes that the rules will promote innovative and flexible use of satellite technology while ensuring that VMES operations will avoid interfering with existing and future FSS operators and their customers. The part 25 rules define VMES as an earth station operating from a motorized vehicle that travels primarily on land, receives from and transmits to GSO FSS space stations, and operates within the United States pursuant to the requirements set out in part 25 of the rules. The part 25 rules require VMES licensees to coordinate their proposed operations with Federal Space Research Service and Radio Astronomy Service stations in, respectively, the 14.014.2 GHz and 14.4714.5 GHz bands, and they adopt VMES offaxis density mask, antenna pointing, and other technical and licensing rules. The part 2 rules adopt two new nonFederal footnotes to the U.S. Table of Frequency Allocations: (1) In the conventional Kubands (14.014.5 GHz and 11.712.2 GHz), VMES as regulated under a revised part 25 of Commission's rules is an application of the FSS and licensees may be authorized to communicate with space stations of the FSS on a primary basis; and (2) in the relevant extended Kubands (10.9511.2 GHz and 11.4511.7 GHz), VMES licensees must accept interference from stations in the FS operating in accordance with Commission rules.
Ordering Clauses
Accordingly, it is ordered that, pursuant to the authority contained in sections 4(i), 4(j), 7(a), 302(a), 303(c), 303(e), 303(f), 303(g), 303(j), 303(r), and 303(y) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 157(a), 302(a), 303(c), 303(e), 303(f), 303(g), 303(j), 303(r), 303(y), this Report and Order in IB Docket No. 07101 is adopted, effective December 4, 2009.
It is further ordered that parts 2 and 25 of the Commission's rules are amended as set forth in Appendix B. An announcement of the effective date of these rule revisions will be published in the Federal Register.
It is further ordered that the final regulatory flexibility analysis, as required by section 604 of the Regulatory Flexibility Act, is adopted.
It is further ordered that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center shall send a copy of this Report and Order, including the final regulatory flexibility analysis, to the Chief Counsel for Advocacy of the Small Business Administration, in accordance with section 603(a) of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
It is further ordered that the Commission shall send a copy of this
Report and Order in a report to be sent to Congress and the General
Accountability Office pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Parts 2 and 25
Radio, Satellites, Telecommunications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR parts 2 and 25 as follows:
PART 2FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS
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.
2. Section 2.106 is amended as follows:
a. Revise pages 45, 46, and 47.
b. Add footnotes NG186 and NG187 to the list of NonFederal Government (NG) Footnotes.
Sec. 2.106 Table of Frequency Allocations.
* * * * *
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* * * * *
NonFederal Government (NG) Footnotes
* * * * *
NG186 In the bands 10.9511.2 GHz and 11.4511.7 GHz (spaceto Earth), VehicleMounted Earth Stations (VMES) as regulated under 47 CFR part 25 may be authorized to communicate with geostationary satellite orbit space stations of the fixedsatellite service but must accept interference from stations of the fixed service operating in accordance with the Commission's rules.
NG187 In the bands 11.712.2 GHz (spacetoEarth) and 14.014.5 GHz
(Earthtospace), VehicleMounted Earth Stations (VMES) as regulated
under 47 CFR part 25 are an application of the fixedsatellite service
and may be authorized to communicate with geostationary satellite orbit
space stations of the fixedsatellite service on a primary basis. * * * * *
PART 25SATELLITE COMMUNICATIONS
3. The authority citation for part 25 continues to read as follows:
Authority: 47 U.S.C. 701744. Interprets or applies Sections 4,
301, 302, 303, 307, 309 and 332 of the Communications Act, as
amended, 47 U.S.C. Sections 154, 301, 302, 303, 307, 309 and 332, unless otherwise noted.
4. Section 25.115 is amended by revising paragraph (a)(2)(iii) to read as follows:
Sec. 25.115 Application for earth station authorizations. (a) * * *
(2) * * *
(iii) The earth station is not an ESV or a VMES.
* * * * *
5. Section 25.130 is amended by revising paragraph (a) to read as follows:
Sec. 25.130 Filing requirements for transmitting earth stations.
(a) Applications for a new or modified transmitting earth station
facility shall be submitted on FCC Form 312, and associated Schedule B,
accompanied by any required exhibits, except for those earth station
applications filed on FCC Form 312EZ pursuant to Sec. 25.115(a). All
such earth station license applications must be filed electronically
through the International Bureau Filing System (IBFS) in accordance
with the applicable provisions of part 1, subpart Y of this chapter.
Additional filing requirements for Earth Stations on Vessels are
described in Sec. Sec. 25.221 and 25.222. Additional filing
requirements for VehicleMounted Earth Stations are described in Sec.
25.226. In addition, applicants not required to submit applications on
Form 312EZ, other than ESV or VMES applicants, must submit the
following information to be used as an ``informative'' in the public
notice issued under Sec. 25.151 as an attachment to their application: * * * * *
6. Section 25.132 is amended by revising paragraph (b)(3) to read as follows:
Sec. 25.132 Verification of earth station antenna performance standards.
* * * * *
(b) * * *
(3) Applicants seeking authority to use an antenna that does not
meet the standards set forth in Sec. Sec. 25.209(a) and (b), pursuant
to the procedure set forth in Sec. 25.220, Sec. 25.221, Sec. 25.222,
Sec. 25.223 or Sec. 25.226, are required to submit a copy of the
manufacturer's range test plots of the antenna gain patterns specified in paragraph (b)(1) of this section.
* * * * *
7. Section 25.201 is amended by adding the following definition in alphabetical order to read as follows:
Sec. 25.201 Definitions.
* * * * *
Vehiclemounted earth station (VMES). A VMES is an earth station,
operating from a motorized vehicle that travels primarily on land, that
receives from and transmits to geostationary satellite orbit fixed
satellite service space stations and operates within the United States pursuant to the requirements set out Sec. 25.226.
8. Section 25.202 is amended by adding paragraph (a)(10) to read as follows:
Sec. 25.202 Frequencies, frequency tolerance and emission limitations.
* * * * *
(a) * * *
(10)(i) The following frequencies are available for use by Vehicle Mounted Earth Stations (VMESs):
10.9511.2GHz (spacetoEarth)
11.4511.7GHz (spacetoEarth)
11.712.2GHz (spacetoEarth)
14.014.5GHz (Earthtospace)
(ii) VMESs shall be authorized as set forth in Sec. 25.226. * * * * *
9. Section 25.203 is amended by revising the introductory text in
paragraph (c) and by revising paragraphs (d) and (k) to read as follows:
Sec. 25.203 Choice of sites and frequencies.
* * * * *
(c) Prior to the filing of its application, an applicant for
operation of an earth station, other than an ESV or a VMES, shall
coordinate the proposed frequency usage with existing terrestrial users
and with applicants for terrestrial station authorizations with
previously filed applications in accordance with the following procedure:
* * * * *
(d) An applicant for operation of an earth station, other than an
ESV or a VMES, shall also ascertain whether the great circle
coordination distance contours and rain scatter coordination distance
contours, computed for those values of parameters indicated in Sec.
25.251 (Appendix 7 of the ITU RR) for international coordination, cross
the boundaries of another Administration. In this case, the applicant
shall furnish the Commission copies of these contours on maps drawn to
appropriate scale for use by the Commission in effecting coordination
of the proposed earth station with the Administration(s) affected. * * * * *
(k) An applicant for operation of an earth station, other than an
ESV or a VMES, that will operate with a geostationary satellite or non
geostationary satellite in a shared frequency band in which the non
geostationary system is (or is proposed to be) licensed for feeder
links, shall demonstrate in its applications that its proposed earth
station will not cause unacceptable interference to any other satellite
network that is authorized to operate in the same frequency band, or
certify that the operations of its earth station shall conform to
established coordination agreements between the operator(s) of the
space station(s) with which the earth station is to communicate and the
operator(s) of any other space station licensed to use the band. * * * * *
10. Section 25.204 is amended by adding paragraph (j) to read as follows:
Sec. 25.204 Power limits.
* * * * *
(j) Within 125 km of the Tracking and Data Relay System Satellite
(TDRSS) sites identified in Sec. 25.226(c), VMES transmissions in the
14.014.2 GHz (Earthtospace) band shall not exceed an EIRP spectral density towards the horizon of 12.5 dBW/MHz, and shall not
[[Page 57099]]
exceed an EIRP towards the horizon of 16.3 dBW.
11. Section 25.205 is amended by adding paragraph (c) to read as follows:
Sec. 25.205 Minimum angle of antenna elevation.
* * * * *
(c) VMESs making a special showing requesting angles of elevation
less than 5[deg] measured from the horizontal plane to the direction of
maximum radiation pursuant to (a) of this section must still meet the
EIRP and EIRP density towards the horizon limits contained in Sec. 25.204(j).
12. Section 25.209 is amended by revising paragraph (f) to read as follows:
Sec. 25.209 Antenna performance standards.
* * * * *
(f) An earth station with an antenna not conforming to the
standards of paragraphs (a) and (b) of this section will be authorized
only if the applicant meets its burden of demonstrating that its
antenna will not cause unacceptable interference. For ESVs in the C
band, this demonstration must comply with the procedures set forth in
Sec. 25.221. For ESVs in the Kuband, this demonstration must comply
with the procedures set forth in Sec. 25.222. For VMES, this
demonstration shall comply with the procedures set forth in Sec.
25.226. For feederlink earth stations in the 17/24 GHz BSS, this
demonstration must comply with the procedures set forth in Sec.
25.223. For other FSS earth stations, this demonstration must comply
with the procedures set forth in Sec. Sec. 25.218 or 25.220. In any
case, the Commission will impose appropriate terms and conditions in its authorization of such facilities and operations.
* * * * *
13. Section 25.218 is amended by revising paragraph (a)(1) to read as follows:
Sec. 25.218 Offaxis EIRP envelope for FSS earth station operations. (a)* * *
(1) ESV and VMES applications,
* * * * *
14. Section 25.220 is amended by revising paragraph (a)(1) to read as follows:
Sec. 25.220 Nonconforming transmit/receive earth station operations.
(a)(1) This section applies to earth station applications other
than ESV, VMES and 17/24 GHz BSS feeder link applications in which the
proposed earth station operations do not fall within the applicable offaxis EIRP envelope specified in Sec. 25.218.
* * * * *
15. Add Sec. 25.226 to read as follows:
Sec. 25.226 Blanket licensing provisions for domestic, U.S. Vehicle
Mounted Earth Stations (VMESs) receiving in the 10.9511.2 GHz (space
toEarth), 11.4511.7 GHz (spacetoEarth), and 11.712.2 GHz (space
toEarth) frequency bands and transmitting in the 14.014.5 GHz (Earth
tospace) frequency band, operating with Geostationary Satellites in the FixedSatellite Service.
(a) The following ongoing requirements govern all VMES licensees
and operations in the 10.9511.2 GHz (spacetoEarth), 11.4511.7 GHz
(spacetoEarth), 11.712.2 GHz (spacetoEarth) and 14.014.5 GHz
(Earthtospace) frequency bands receiving from and transmitting to
geostationary orbit satellites in the fixedsatellite service. VMES
licensees shall comply with the requirements in either paragraph
(a)(1), (a)(2) or (a)(3) of this section and all of the requirements
set forth in paragraphs (a)(4) through (a)(9) and paragraphs (c), (d),
and (e) of this section. Paragraph (b) of this section identifies items
that shall be included in the application for VMES operations to demonstrate that these ongoing requirements will be met.
(1) The following requirements shall apply to a VMES that uses
transmitters with offaxis EIRP spectraldensities lower than or equal
to the levels in paragraph (a)(1)(i) of this section. A VMES, or VMES
system, operating under this section shall provide a detailed
demonstration as described in paragraph (b)(1) of this section. The
VMES transmitter also shall comply with the antenna pointing and
cessation of emission requirements in paragraphs (a)(1)(ii) and (a)(1)(iii) of this section.
(i) A VMES system shall not exceed the offaxis EIRP spectral
density limits and conditions defined in paragraphs (a)(1)(i)(A) through (D) of this section.
(A) The offaxis EIRP spectraldensity emitted from the VMES, in
the plane of the geostationary satellite orbit (GSO) as it appears at
the particular earth station location, shall not exceed the following values:
1510log(N)25log[thetas] dBW/4kHz for 1.5[deg] <= [thetas] <= 7[deg] 6 10log(N) dBW/4kHz for 7[deg] < [thetas] <= 9.2[deg]
18 10log(N)25log[thetas] dBW/4kHz for 9.2[deg] < [thetas] <= 48[deg] 24 10log(N) dBW/4kHz for 48[deg] < [thetas] <= 85[deg]
14 10log(N) dBW/4kHz for 85[deg] < [thetas] <= 180[deg]
where theta ([thetas]) is the angle in degrees from the line
connecting the focal point of the antenna to the orbital location of
the target satellite, the plane of the GSO is determined by the
focal point of the antenna and the line tangent to the arc of the
GSO at the orbital location of the target satellite. For VMES
networks using frequency division multiple access (FDMA) or time
division multiple access (TDMA) techniques, N is equal to one. For
VMES networks using multiple cofrequency transmitters that have the
same EIRP, N is the maximum expected number of cofrequency
simultaneously transmitting VMES earth stations in the same
satellite receiving beam. For the purpose of this section, the peak
EIRP of an individual sidelobe shall not exceed the envelope defined
above for [thetas] between 1.5[deg] and 7.0[deg]. For [thetas]
greater than 7.0[deg], the envelope shall be exceeded by no more
than 10% of the sidelobes, provided no individual sidelobe exceeds the envelope given above by more than 3 dB.
(B) In all directions other than along the GSO, the offaxis EIRP
spectraldensity for copolarized signals emitted from the VMES shall not exceed the following values:
1810log(N)25log[thetas] dBW/4kHz for 3.0[deg] <= [thetas] <= 48[deg] 2410log(N) dBW/4kHz for 48[deg] < [thetas] <= 85[deg]
1410log(N) dBW/4kHz for 85[deg] < [thetas] <= 180[deg]
where [thetas] and N are defined in paragraph (a)(1)(i)(A) of this
section. This offaxis EIRP spectraldensity applies in any plane
that includes the line connecting the focal point of the antenna to
the orbital location of the target satellite with the exception of
the plane of the GSO as defined in paragraph (a)(1)(i)(A) of this
section. For the purpose of this subsection, the envelope shall be
exceeded by no more than 10% of the sidelobes provided no individual
sidelobe exceeds the gain envelope given above by more than 6 dB.
The region of the main reflector spillover energy is to be
interpreted as a single lobe and shall not exceed the envelope by more than 6 dB.
(C) In all directions, the offaxis EIRP spectraldensity for
crosspolarized signals emitted from the VMES shall not exceed the following values:
510log(N)25log[thetas] dBW/4kHz for 1.8[deg] <= [thetas] <= 7.0[deg] 1610log(N) dBW/4kHz for 7.0[deg] < [thetas] <= 9.2[deg]
where [thetas] and N are defined as set forth in paragraph
(a)(1)(i)(A) of this section. This EIRP spectraldensity applies in
any plane that includes the line connecting the focal point of the antenna to the target satellite.
(D) For noncircular VMES antennas, the major axis of the antenna
shall be aligned with the tangent to the arc of the GSO at the orbital
location of the target satellite, to the extent required to meet the specified offaxis EIRP spectraldensity criteria.
[[Page 57100]]
(ii) Each VMES transmitter shall meet one of the following antenna pointing requirements:
(A) Each VMES transmitter shall maintain a pointing error of less
than or equal to 0.2[deg] between the orbital location of the target
satellite and the axis of the main lobe of the VMES antenna, or
(B) Each VMES transmitter shall declare a maximum antenna pointing
error that may be greater than 0.2[deg] provided that the VMES does not
exceed the offaxis EIRP spectraldensity limits in paragraph (a)(1)(i)
of this section, taking into account the antenna pointing error.
(iii) Each VMES transmitter shall meet one of the following cessation of emission requirements:
(A) For VMESs operating under paragraph (a)(1)(ii)(A) of this
section, all emissions from the VMES shall automatically cease within
100 milliseconds if the angle between the orbital location of the
target satellite and the axis of the main lobe of the VMES antenna
exceeds 0.5[deg], and transmission shall not resume until such angle is less than or equal to 0.2[deg], or
(B) For VMES transmitters operating under paragraph (a)(1)(ii)(B)
of this section, all emissions from the VMES shall automatically cease
within 100 milliseconds if the angle between the orbital location of
the target satellite and the axis of the main lobe of the VMES antenna
exceeds the declared maximum antenna pointing error and shall not
resume transmissions until such angle is less than or equal to the declared maximum antenna pointing error.
(2) The following requirements shall apply to a VMES that uses off
axis EIRP spectraldensities in excess of the levels in paragraph
(a)(1)(i) of this section. A VMES, or VMES system, operating under this
subsection shall file certifications and provide a detailed
demonstration as described in paragraph (b)(2) of this section.
(i) The VMES shall transmit only to the target satellite system(s)
referred to in the certifications required by paragraph (b)(2) of this section.
(ii) If a good faith agreement cannot be reached between the target
satellite operator and the operator of a future satellite that is
located within 6 degrees longitude of the target satellite, the VMES
operator shall accept the powerdensity levels that would accommodate that adjacent satellite.
(iii) The VMES shall operate in accordance with the offaxis EIRP
spectraldensities that the VMES supplied to the target satellite
operator in order to obtain the certifications listed in paragraph
(b)(2) of this section. The VMES shall automatically cease emissions
within 100 milliseconds if the VMES transmitter exceeds the offaxis
EIRP spectraldensities supplied to the target satellite operator.
(3) The following requirements shall apply to a VMES system that
uses variable powerdensity control of individual simultaneously
transmitting cofrequency VMES earth stations in the same satellite
receiving beam. A VMES system operating under this subsection shall
file certifications and provide a detailed demonstration as described in paragraph (b)(3) of this section.
(i) Except as defined under paragraph (a)(3)(ii) of this section,
the effective aggregate EIRPdensity from all terminals shall be at
least 1 dB below the offaxis EIRPdensity limits defined in paragraphs
(a)(1)(i)(A) through (C) of this section. In this context the term
``effective'' means that the resultant copolarized and crosspolarized
EIRPdensity experienced by any GSO or nonGSO satellite shall not
exceed that produced by a single VMES transmitter operating 1 dB below
the limits defined in paragraphs (a)(1)(i)(A) through (C) of this
section. A VMES system operating under this section shall file
certifications and provide a detailed demonstration as described in paragraphs (b)(3)(i) and (b)(3)(iii) of this section.
(ii) The following requirements shall apply to a VMES that uses
offaxis EIRP spectraldensities in excess of the levels in paragraph
(a)(3)(i) of this section. A VMES system operating under this section
shall file certifications and provide a detailed demonstration as
described in paragraphs (b)(3)(ii) and (b)(3)(iii) of this section.
(A) If a good faith agreement cannot be reached between the target
satellite operator and the operator of a future satellite that is
located within 6 degrees longitude of the target satellite, the VMES
shall operate at an EIRPdensity defined in paragraph (a)(3)(i) of this section.
(B) The VMES shall operate in accordance with the offaxis EIRP
spectraldensities that the VMES supplied to the target satellite
operator in order to obtain the certifications listed in paragraph
(b)(3)(ii) of this section. The individual VMES terminals shall
automatically cease emissions within 100 milliseconds if the VMES
transmitter exceeds the offaxis EIRP spectraldensities supplied to
the target satellite operator. The overall system shall be capable of
shutting off an individual transmitter or the entire system if the
aggregate offaxis EIRP spectraldensities exceed those supplied to the target satellite operator.
(C) The VMES shall transmit only to the target satellite system(s)
referred to in the certifications required by paragraph (b)(3) of this section.
(iii) The VMES shall file a report one year following license
issuance detailing the effective aggregate EIRPdensity levels
resulting from its operation, in compliance with paragraph (b)(3)(iii) of this section.
(4) An applicant filing to operate a VMES terminal or system and
planning to use a contention protocol shall certify that its contention protocol use will be reasonable.
(5) There shall be a point of contact in the United States, with
phone number and address, available 24 hours a day, seven days a week,
with authority and ability to cease all emissions from the VMESs.
(6) For each VMES transmitter, a record of the vehicle location
(i.e., latitude/longitude), transmit frequency, channel bandwidth and
satellite used shall be time annotated and maintained for a period of
not less than one (1) year. Records shall be recorded at time intervals
no greater than every five (5) minutes while the VMES is transmitting.
The VMES operator shall make this data available upon request to a
coordinator, fixed system operator, fixedsatellite system operator, NTIA, or the Commission within 24 hours of the request.
(7) In the 10.9511.2 GHz (spacetoEarth) and 11.4511.7 GHz
(spacetoEarth) frequency bands VMESs shall not claim protection from
interference from any authorized terrestrial stations to which
frequencies are either already assigned, or may be assigned in the future.
(8) A VMES terminal receiving in the 10.9511.2 GHz (spaceto
Earth), 11.4511.7 GHz (spacetoEarth) and 11.712.2 GHz (spaceto
Earth) bands shall receive protection from interference caused by space
stations other than the target space station only to the degree to
which harmful interference would not be expected to be caused to an
earth station employing an antenna conforming to the referenced
patterns defined in Sec. 25.209(a) and (b) and stationary at the location at which any interference occurred.
(9) Each VMES terminal shall automatically cease transmitting
within 100 milliseconds upon loss of reception of the satellite downlink signal.
(b) Applications for VMES operation in the 14.014.5 GHz (Earthto
space) band to GSO satellites in the fixedsatellite service shall
include, in addition to the particulars of operation identified on Form 312, and associated Schedule B, the applicable technical
[[Page 57101]]
demonstrations in paragraphs (b)(1), (b)(2) or (b)(3) of this section
and the documentation identified in paragraphs (b)(4) through (b)(8) of this section.
(1) A VMES applicant proposing to implement a transmitter under
paragraph (a)(1) of this section shall demonstrate that the transmitter
meets the offaxis EIRP spectraldensity limits contained in paragraph
(a)(1)(i) of this section. To provide this demonstration, the
application shall include the tables described in paragraph (b)(1)(i)
of this section or the certification described in paragraph (b)(1)(ii)
of this section. The VMES applicant also shall provide the value N
described in paragraph (a)(1)(i)(A) of this section. A VMES applicant
proposing to implement a transmitter under paragraph (a)(1)(ii)(A) of
this section shall provide the certifications identified in paragraph
(b)(1)(iii) of this section. A VMES applicant proposing to implement a
transmitter under paragraph (a)(1)(ii)(B) of this section shall provide
the demonstrations identified in paragraph (b)(1)(iv) of this section.
(i) Any VMES applicant filing an application pursuant to paragraph
(a)(1) of this section shall file three tables showing the offaxis
EIRP level of the proposed earth station antenna in the direction of
the plane of the GSO; the copolarized EIRP in the elevation plane,
that is, the plane perpendicular to the plane of the GSO; and cross
polarized EIRP. Each table shall provide the EIRP level at increments
of 0.1[deg] for angles between 0[deg] and 10[deg] offaxis, and at
increments of 5[deg] for angles between 10[deg] and 180[deg] offaxis.
(A) For purposes of the offaxis EIRP table in the plane of the
GSO, the offaxis angle is the angle in degrees from the line
connecting the focal point of the antenna to the orbital location of
the target satellite, and the plane of the GSO is determined by the
focal point of the antenna and the line tangent to the arc of the GSO at the orbital position of the target satellite.
(B) For purposes of the offaxis copolarized EIRP table in the
elevation plane, the offaxis angle is the angle in degrees from the
line connecting the focal point of the antenna to the orbital location
of the target satellite, and the elevation plane is defined as the
plane perpendicular to the plane of the GSO defined in paragraph (b)(1)(i)(A) of this section.
(C) For purposes of the crosspolarized EIRP table, the offaxis
angle is the angle in degrees from the line connecting the focal point
of the antenna to the orbital location of the target satellite and the
plane of the GSO as defined in paragraph (b)(1)(i)(A) of this section will be used.
(ii) A VMES applicant shall include a certification, in Schedule B,
that the VMES antenna conforms to the gain pattern criteria of Sec.
25.209(a) and (b), that, combined with the maximum input power density
calculated from the EIRP density less the antenna gain, which is
entered in Schedule B, demonstrates that the offaxis EIRP spectral
density envelope set forth in paragraphs (a)(1)(i)(A) through
(a)(1)(i)(C) of this section will be met under the assumption that the antenna is pointed at the target satellite.
(iii) A VMES applicant proposing to implement a transmitter under
paragraph (a)(1)(ii)(A) of this section shall provide a certification
from the equipment manufacturer stating that the antenna tracking
system will maintain a pointing error of less than or equal to 0.2[deg]
between the orbital location of the target satellite and the axis of
the main lobe of the VMES antenna and that the antenna tracking system
is capable of ceasing emissions within 100 milliseconds if the angle
between the orbital location of the target satellite and the axis of the main lobe of the VMES antenna exceeds 0.5[deg].
(iv) A VMES applicant proposing to implement a transmitter under paragraph (a)(1)(ii)(B) of this section shall:
(A) Declare, in its application, a maximum antenna pointing error
and demonstrate that the maximum antenna pointing error can be achieved
without exceeding the offaxis EIRP spectraldensity limits in paragraph (a)(1)(i) of this section; and
(B) Demonstrate that the VMES transmitter can detect if the
transmitter exceeds the declared maximum antenna pointing error and can
cease transmission within 100 milliseconds if the angle between the
orbital location of the target satellite and the axis of the main lobe
of the VMES antenna exceeds the declared maximum antenna pointing
error, and will not resume transmissions until the angle between the
orbital location of the target satellite and the axis of the main lobe
of the VMES antenna is less than or equal to the declared maximum antenna pointing error.
(2) A VMES applicant proposing to implement a transmitter under
paragraph (a)(2) of this section and using offaxis EIRP spectral
densities in excess of the levels in paragraph (a)(1)(i) of this
section shall provide the following certifications and demonstration as exhibits to its earth station application:
(i) A statement from the target satellite operator certifying that
the proposed operation of the VMES has the potential to create harmful
interference to satellite networks adjacent to the target satellite(s) that may be unacceptable.
(ii) A statement from the target satellite operator certifying that
the power density levels that the VMES applicant provided to the target
satellite operator are consistent with the existing coordination
agreements between its satellite(s) and the adjacent satellite systems within 6[deg] of orbital separation from its satellite(s).
(iii) A statement from the target satellite operator certifying
that it will include the powerdensity levels of the VMES applicant in all future coordination agreements.
(iv) A demonstration from the VMES operator that the VMES system is
capable of detecting and automatically ceasing emissions within 100
milliseconds when the transmitter exceeds the offaxis EIRP spectral densities supplied to the target satellite operator.
(3) A VMES applicant proposing to implement VMES system under
paragraph (a)(3) of this section and using variable powerdensity
control of individual simultaneously transmitting cofrequency VMES
earth stations in the same satellite receiving beam shall provide the
following certifications and demonstration as exhibits to its earth station application:
(i) The applicant shall make a detailed showing of the measures it
intends to employ to maintain the effective aggregate EIRPdensity from
all simultaneously transmitting cofrequency terminals operating with
the same satellite transponder at least 1 dB below the EIRPdensity
limits defined in paragraphs (a)(1)(i)(A) through (C) of this section.
In this context the term ``effective'' means that the resultant co
polarized and crosspolarized EIRPdensity experienced by any GSO or
nonGSO satellite shall not exceed that produced by a single VMES
transmitter operating at 1 dB below the limits defined in paragraphs
(a)(1)(i)(A) through (C) of this section. The International Bureau will
place this showing on public notice along with the application.
(ii) An applicant proposing to implement a VMES under paragraph
(a)(3)(ii) of this section that uses offaxis EIRP spectraldensities
in excess of the levels in paragraph (a)(3)(i) of this section shall
provide the following certifications, demonstration and list of satellites as exhibits to its earth station application:
[[Page 57102]]
(A) A detailed showing of the measures the applicant intends to
employ to maintain the effective aggregate EIRPdensity from all
simultaneously transmitting cofrequency terminals operating with the
same satellite transponder at the EIRPdensity limits supplied to the
target satellite operator. The International Bureau will place this showing on public notice along with the application.
(B) A statement from the target satellite operator certifying that
the proposed operation of the VMES has the potential to create harmful
interference to satellite networks adjacent to the target satellite(s) that may be unacceptable.
(C) A statement from the target satellite operator certifying that
the aggregate power density levels that the VMES applicant provided to
the target satellite operator are consistent with the existing
coordination agreements between its satellite(s) and the adjacent
satellite systems within 6[deg] of orbital separation from its satellite(s).
(D) A statement from the target satellite operator certifying that
it will include the aggregate powerdensity levels of the VMES applicant in all future coordination agreements.
(E) A demonstration from the VMES operator that the VMES system is
capable of detecting and automatically ceasing emissions within 100
milliseconds when an individual transmitter exceeds the offaxis EIRP
spectraldensities supplied to the target satellite operator and that
the overall system is capable of shutting off an individual transmitter
or the entire system if the aggregate offaxis EIRP spectraldensities exceed those supplied to the target satellite operator.
(F) An identification of the specific satellite or satellites with which the VMES system will operate.
(iii) The applicant shall acknowledge that it will maintain
sufficient statistical and technical information on the individual
terminals and overall system operation to file a detailed report, one
year after license issuance, describing the effective aggregate EIRP
density levels resulting from the operation of the VMES system.
(4) There shall be an exhibit included with the application
describing the geographic area(s) in which the VMESs will operate.
(5) Any VMES applicant filing for a VMES terminal or system and
planning to use a contention protocol shall include in its application
a certification that will comply with the requirements of paragraph (a)(4) of this section.
(6) The point of contact referred to in paragraph (a)(5) of this section shall be included in the application.
(7) Any VMES applicant filing for a VMES terminal or system shall
include in its application a certification that will comply with the requirements of paragraph (a)(6) of this section.
(8) All VMES applicants shall submit a radio frequency hazard
analysis determining via calculation, simulation, or field measurement
whether VMES terminals, or classes of terminals, will produce power
densities that will exceed the Commission's radio frequency exposure
criteria. VMES applicants with VMES terminals that will exceed the
guidelines in Sec. 1.1310 of this chapter for radio frequency
radiation exposure shall provide, with their environmental assessment,
a plan for mitigation of radiation exposure to the extent required to
meet those guidelines. All VMES licensees shall ensure installation of
VMES terminals on vehicles by qualified installers who have an
understanding of the antenna's radiation environment and the measures
best suited to maximize protection of the general public and persons
operating the vehicle and equipment. A VMES terminal exhibiting
radiation exposure levels exceeding 1.0 mW/cm \2\ in accessible areas,
such as at the exterior surface of the radome, shall have a label
attached to the surface of the terminal warning about the radiation
hazard and shall include thereon a diagram showing the regions around
the terminal where the radiation levels could exceed 1.0 mW/cm \2\. All
VMES licensees shall ensure that a VMES terminal ceases transmission
upon encountering an obstruction that degrades the VMES downlink signal.
(c)(1) Operations of VMESs in the 14.014.2 GHz (Earthtospace)
frequency band within 125 km of the NASA TDRSS facilities on Guam
(latitude 13[deg]36'55'' N, longitude 144[deg]51'22'' E) or White
Sands, New Mexico (latitude 32[deg]20'59'' N, longitude 106[deg]36'31''
W and latitude 32[deg]32'40'' N, longitude 106[deg]36'48'' W) are
subject to coordination with the National Aeronautics and Space
Administration (NASA) through the National Telecommunications and
Information Administration (NTIA) Interdepartment Radio Advisory
Committee (IRAC). Licensees shall notify the International Bureau once
they have completed coordination. Upon receipt of such notification
from a licensee, the International Bureau will issue a public notice
stating that the licensee may commence operations within the
coordination zone in 30 days if no party has opposed the operations.
(2) When NTIA seeks to provide similar protection to future TDRSS
sites that have been coordinated through the IRAC Frequency Assignment
Subcommittee process, NTIA will notify the Commission's International
Bureau that the site is nearing operational status. Upon public notice
from the International Bureau, all Kuband VMES licensees shall cease
operations in the 14.014.2 GHz band within 125 km of the new TDRSS
site until the licensees complete coordination with NTIA/IRAC for the
new TDRSS facility. Licensees shall notify the International Bureau
once they have completed coordination for the new TDRSS site. Upon
receipt of such notification from a licensee, the International Bureau
will issue a public notice stating that the licensee may commence
operations within the coordination zone in 30 days if no party has
opposed the operations. The VMES licensee then will be permitted to
commence operations in the 14.014.2 GHz band within 125 km of the new
TDRSS site, subject to any operational constraints developed in the coordination process.
(d)(1) Operations of VMESs in the 14.4714.5 GHz (Earthtospace)
frequency band in the vicinity of radio astronomy service (RAS)
observatories observing in the 14.4714.5 GHz band are subject to
coordination with the National Science Foundation (NSF). The appropriate NSF contact point to initiate coordination is
Electromagnetic Spectrum Manager, NSF, 4201 Wilson Blvd., Suite 1045,
Arlington VA 22203, fax 7032929034, email esm@nsf.gov. Licensees
shall notify the International Bureau once they have completed
coordination. Upon receipt of the coordination agreement from a
licensee, the International Bureau will issue a public notice stating
that the licensee may commence operations within the coordination zone in 30 days if no party has opposed the operations.
(2) Table 1 provides a list of each applicable RAS site, its location, and the applicable coordination zone.
[[Page 57103]]
Table 1Applicable Radio Astronomy Service (RAS) Facilities and Associated Coordination Distances
Latitude Longitude
Observatory (north) (west) Radius (km) of coordination zone
Arecibo, Observatory, Arecibo, PR.... 18[deg]20'37'' 66[deg]45'11'' Island of Puerto Rico.
Green Bank, WV....................... 38[deg]25'59'' 79[deg]50'23'' 160.
Very Large Array, near Socorro, NM... 34[deg]04'44'' 107[deg]37'06' 160.
'
Pisgah Astronomical Research 35[deg]11'59'' 82[deg]52'19'' 160. Institute, Rosman, NC.
U of Michigan Radio Astronomy 42[deg]23'56'' 83[deg]56'11'' 160. Observatory, Stinchfield Woods, MI.
Very Long Baseline Array (VLBA)
stations:
Owens Valley, CA................. 37[deg]13'54'' 118[deg]16'37' 160*. '
Mauna Kea, HI.................... 19[deg]48'05'' 155[deg]27'20' 50. '
Brewster, WA..................... 48[deg]07'52'' 119[deg]41'00' ......................................... '
Kitt Peak, AZ.................... 31[deg]57'23'' 111[deg]36'45' ......................................... '
Pie Town, NM..................... 34[deg]18'04'' 108[deg]07'09' ......................................... '
Los Alamos, NM................... 35[deg]46'30'' 106[deg]14'44' ......................................... '
Fort Davis, TX................... 30[deg]38'06'' 103[deg]56'41' ......................................... '
North Liberty, IA................ 41[deg]46'17'' 91[deg]34'27'' .........................................
Hancock, NH...................... 42[deg]56'01'' 71[deg]59'12'' .........................................
St. Croix, VI.................... 17[deg]45'24'' 64[deg]35'01'' .........................................
* Owens Valley, CA operates both a VLBA station and singledish telescopes.
(3) When NTIA seeks to provide similar protection to future RAS
sites that have been coordinated through the IRAC Frequency Assignment
Subcommittee process, NTIA will notify the Commission's International
Bureau that the site is nearing operational status. Upon public notice
from the International Bureau, all Kuband VMES licensees shall cease
operations in the 14.4714.5 GHz band within the relevant geographic
zone (160 kms for singledish radio observatories and Very Large Array
antenna systems and 50 kms for Very Long Baseline Array antenna
systems) of the new RAS site until the licensees complete coordination
for the new RAS facility. Licensees shall notify the International
Bureau once they have completed coordination for the new RAS site and
shall submit the coordination agreement to the Commission. Upon receipt
of such notification from a licensee, the International Bureau will
issue a public notice stating that the licensee may commence operations
within the coordination zone in 30 days if no party opposed the
operations. The VMES licensee then will be permitted to commence
operations in the 14.4714.5 GHz band within the relevant coordination
distance around the new RAS site, subject to any operational constraints developed in the coordination process.
(e) VMES licensees shall use Global Positioning Satelliterelated
or other similar position location technology to ensure compliance with paragraphs (c) and (d) of this section.
[FR Doc. E926215 Filed 11309; 8:45 am]
BILLING CODE 671201P
FOR FURTHER INFORMATION CONTACT
Kathleen Collins or Howard Griboff, Policy Division, International Bureau, FCC, (202) 4181460 or via the Internet at: Kathleen.Collins@fcc.gov and Howard.Griboff@fcc.gov.