[Federal Register: June 9, 2003 (Volume 68, Number 110)]
[Rules and Regulations]
[Page 34336-34339]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jn03-19]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2, 25, 74 and 78
[ET Docket No. 98-206; FCC 03-25]
Fixed Satellite and Terrestrial Systems in the Ku-Band
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document addresses the Petitions for Reconsideration from
Skybridge L.L.C. (``Skybridge''); and Hughes Communications, Inc.,
Hughes Communications Galaxy, Inc. and Hughes Network Systems, a
division of Hughes Electronics Corporation (``Hughes'') filed in
response to the First Report and Order and Further Notice of Proposed
Rule Making (``First R&O''). The proceeding addresses a request by
Skybridge to allow non-geostationary orbit (``NGSO'') fixed satellite
services (``FSS'') to share various frequencies in the Ku-Band with
existing geostationary orbit (``GSO'') satellite services and
terrestrial services. Our action herein addresses aspects of the
Skybridge Reconsideration Petition relating to NGSO FSS sharing with
terrestrial services and Federal Government operations, as well as the
Hughes Reconsideration Petition relating to our radio frequency
(``RF'') safety rules requiring warning labels and recommending
professional installation for NGSO FSS subscriber antennas.
DATES: Effective August 8, 2003.
FOR FURTHER INFORMATION CONTACT: James Miller, Office of Engineering
and Technology, (202) 418-7351, or Ted Ryder, Office of Engineering and
Technology, (202) 418-2803.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Memorandum Opinion and Order, ET Docket No. 98-206, FCC 03-25, adopted
February 3, 2003, and released February 11, 2003. The full text of this
Commission decision is available on the Commission's Internet site at
http://www.fcc.gov. It is available for inspection and copying during
normal business hours in the FCC Reference Information Center, Room CY-
A257, 445 12th Street, SW., Washington, DC 20554. The complete text of
this document also may be purchased from the Commission's copy
contractor, Qualex International, 445 12th Street, SW., Room, CY-B402,
Washington, DC 20554. The full text may also be downloaded at: http://www.fcc.gov.
Alternative formats are available to persons with
disabilities by contacting Brian Millin at (202) 418-7426 or TTY (202)
418-7365.
Summary of the Second Memorandum Opinion and Order
1. In the Second Memorandum Opinion and Order, the Commission
granted Skybridge's request and amended our rules to allow, under
certain conditions, NGSO FSS Earth-to-space (``uplink'') operations in
the 13.15-13.2125 GHz portion of the 12.75-13.25 GHz band. In making
the change the Commission concludes that NGSO FSS can implement
measures to protect incumbent broadcast auxiliary service (``BAS'') and
cable television relay service (``CARS'') mobile pickup operations from
harmful interference.
2. The Commission grants Skybridge's request and states that power
flux density (``PFD'') limits for NGSO FSS in the 10.7-11.7 GHz band
are sufficient to protect services in the band without the need for
individual coordination. This ensures incumbent services are protected
against harmful interference without creating an unnecessary burden on
NGSO FSS licensees.
3. The Commission granted Skybridge's request and amended the rules
to clarify the definition of NGSO FSS earth station gateways to limit
use only for NGSO FSS backbone support.
4. The Commission granted Skybridge's request and adopted the
Telecommunications Union's (``ITU'') effective isotropically radiated
power (``EIRP'') limit on federal radiolocation operations in the
13.75-14.0 GHz band, and permits NGSO FSS operations to claim
protection from these radiolocation operations.
5. The Commission denied Skybridge's request, maintains the EIRP
density limit to protect against interference to the National
Aeronautics and Space Administration (``NASA'') tracking data and relay
satellite system (``TDRSS'') operations across the 10 megahertz of the
13.77-13.78 GHz band, and denies the request to restrict this
protection to only 6 megahertz.
6. The Commission denied Skybridge's request to require NGSO FSS
licensees and radio astronomy service (``RAS'') entities to use the
[[Page 34337]]
protection levels and calculation methods in the ITU's Article 29. The
Commission maintained the requirement in footnote US355 that NGSO FSS
licensees in the 10.7-11.7 GHz band coordinate with RAS entities to
reach ``mutually acceptable agreements.'' This flexible approach will
allow the use of Article 29 procedures or any other procedure deemed
appropriate by the interested parties.
7. The Commission denied Hughes's Petition to revisit language in
the First Report and Order, 16 FCC Rcd 4096, December 8, 2000, 66 FR
7607, January 24, 2001, recommending professional installation of two-
way NGSO FSS antennas. The Commission continues to find that the
language is neither overly broad nor unnecessary, and is harmonious
with the language of other NGSO FSS decisions.
Final Regulatory Flexibility Analysis
8. The Regulatory Flexibility Act (RFA) \1\ requires an agency to
describe any significant alternatives that it has considered in
developing its 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 rule 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.
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\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601., has been
amended by the Contract With America Advancement Act of 1996, Public
Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is
the Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA).
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9. The Commission has adopted technical rules to facilitate
spectrum sharing between new NGSO FSS systems in the Ku band and
existing services in this spectrum. Wherein we grant in part
Skybridge's requests for reconsideration, we modify these rules to
further these goals. We acknowledge that as the radio spectrum is
increasingly used, it becomes more difficult to accommodate all
requests for access to the radio spectrum, however, this action applies
existing frequency coordination procedures to NGSO FSS systems sharing
spectrum with fixed services. However, frequency coordination should
ensure that new operations of either service will protect existing
operations and have access to spectrum if it is technically possible.
10. In considering the Skybridge's request for NGSO FSS access to
the 13.15-13.2125 GHz band, the Commission considered the impact on
terrestrial operations granting such a request might have. Further, the
Commission adopted rules that carefully weigh the complexity of sharing
with mobile BAS/CARS operations could impose against the need for
minimal measures to accommodate sharing in bands increasingly congested
by co-primary satellite and terrestrial use.
11. Regarding sharing between NGSO FSS systems and broadcast
auxiliary (``BAS'') operations, the Report and Order stated that the
Commission will adopt some form of geographic protection areas for
terrestrial operations in those bands used by NGSO FSS gateway earth
stations. These protection areas will be further defined in a future
proceeding, but are intended to facilitate the growth of terrestrial
operations, while not unnecessarily hindering the deployment of NGSO
FSS systems. Further, to ensure BAS operations in all areas can
continue to operate unencumbered by new NGSO FSS systems, this Second
Memorandum Opinion and Order reinforces efforts to minimize impacts on
BAS/CARS entities by retaining the four channels at 13.15-13.2125 GHz
for exclusive co-primary BAS/CARS use in 50 km areas around major TV
markets and by requiring NGSO FSS operations observe power limits to
ensure continued operations outside those select areas.
List of Subjects
47 CFR Part 2
Radio, Television.
47 CFR Part 25
Satellites.
47 CFR Part 74
Television.
47 CFR Part 78
Cable television.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 2, 25, 74, and 78 as
follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
2. Amend Sec. 2.106, the Table of Frequency Allocations as follows:
0
a. In the list of Non-Government (NG) footnotes, footnote NG53 is
revised.
0
b. In the list of United States (US) footnotes, footnote US356 is
revised.
The revisions read as follows:
Sec. 2.106 Table of Frequency Allocations.
United States (US) Footnotes
* * * * *
US356 In the band 13.75-14 GHz, an earth station in the fixed-
satellite service shall have a minimum antenna diameter of 4.5 m and
the e.i.r.p. of any emission should be at least 68 dBW and should
not exceed 85 dBW. In addition the e.i.r.p., averaged over one
second, radiated by a station in the radiolocation service shall not
exceed 59 dBW. Receiving space stations in the fixed-satellite
service shall not claim protection from radiolocation transmitting
stations operating in accordance with the United States Table of
Frequency Allocations. ITU Radio Regulation No. 5.43A does not
apply.
* * * * *
Non-Federal Government (NG) Footnotes
* * * * *
NG53 The band 13.15-13.20 GHz is reserved for television pickup
and CARS pickup stations inside a 50 km radius of the 100 television
markets delineated in Sec. 76.51 of this chapter. Outside a 50 km
radius of the 100 television markets delineated in Sec. 76.51 of
this chapter, television pickup stations, CARS stations and NGSO FSS
gateway earth stations shall operate on a primary co-equal basis.
The band 13.20-13.2125 GHz is reserved for television pickup
stations on a primary basis and CARS pickup stations on a secondary
basis inside a 50 km radius of the 100 television markets delineated
in Sec. 76.51 of this chapter. Outside a 50 km radius of the 100
markets delineated in Sec. 76.51 of this chapter, television pickup
stations and NGSO FSS gateway earth stations shall operate on a co-
primary basis, CARS stations shall operate on a secondary basis.
Fixed television auxiliary stations licensed pursuant to
applications accepted for filing before September 1, 1979, may
continue operation on channels in the 13.15-13.25 GHz band, subject
to periodic license renewals. NGSO FSS gateway uplink transmissions
in the 13.15-13.2125 GHz segment shall be limited to a maximum EIRP
of 3.2 dBW towards 0 degrees on the radio horizon. These provisions
shall not apply to GSO FSS operations in the 12.75-13.25 GHz band.
* * * * *
PART 25--SATELLITE COMMUNICATIONS
0
3. The authority citation for part 25 continues to read as follows:
Authority: 47 U.S.C. 701-744. Interprets or applies Sections 4,
301, 302, 303, 307, 309 and 332 of the Communications Act, as
[[Page 34338]]
amended, 47 U.S.C. Sections 154, 301, 302, 303, 307, 309 and 332,
unless otherwise noted.
0
4. Section 25.201 is amended by revising the introductory text and
paragraph 2 of the definition for NGSO FSS gateway earth station to
read as follows:
Sec. 25.201 Definitions.
* * * * *
NGSO FSS gateway earth station. A gateway earth station is an earth
station complex consisting of multiple interconnecting earth station
antennas supporting the communication routing and switching functions
of a non-geostationary satellite orbit fixed-satellite service (NGSO
FSS) system as a whole. A gateway earth station in the NGSO FSS:
* * * * *
(2) Shall not be for the exclusive use of any customer.
* * * * *
0
5. Section 25.202 is amended by revising the table and footnotes in
paragraph (a)(1) to read as follows:
Sec. 25.202 Frequencies, frequency tolerance and emission
limitations.
(a)(1) * * *
------------------------------------------------------------------------
Space-to-earth (GHz) Earth-to-space (GHz)
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3.7-4.2 \1\.................................... 5.925-6.425 \1\
10.7-10.95 \1,\ \12\........................... 12.75-13.25 \1,\ \12,\
\14\
10.95-11.2 \1,\ \2,\ \12\...................... 13.75-14 \4,\ \12\
11.2-11.45 \1,\ \12\........................... 14-14.2 \5\
11.45-11.7 \1,\ \2,\ \12\...................... 14.2-14.5
11.7-12.2 \3\.................................. 17.3-17.8 \9\
12.2-12.7 \13\................................. 27.5-29.5 \1\
18.3-18.58 \1,\ \10\........................... 29.5-30
18.58-18.8 \6,\ \10,\ \11\..................... 48.2-50.2
18.8-19.3 \7,\ \10\
19.3-19.7 \8,\ \10\
19.7-20.2 \10\
37.6-38.6
40-41
------------------------------------------------------------------------
\1\ This band is shared coequally with terrestrial radiocommunication
services.
\2\ Use of this band by geostationary satellite orbit satellite systems
in the fixed-satellite service is limited to international systems;
i.e., other than domestic systems.
\3\ Fixed-satellite transponders may be used additionally for
transmissions in the broadcasting-satellite service.
\4\ This band is shared on an equal basis with the Government
radiolocation service and grandfathered space stations in the Tracking
and Data Relay Satellite System.
\5\ In this band, stations in the radionavigation service shall operate
on a secondary basis to the fixed-satellite service.
\6\ The band 18.58-18.8 GHz is shared co-equally with existing
terrestrial radiocommunication systems until June 8, 2010.
\7\ The band 18.8-19.3 GHz is shared co-equally with terrestrial
radiocommunication services, until June 8, 2010. After this date, the
sub-band 19.26-19.3 GHz is shared co-equally with existing terrestrial
radiocommunication systems.
\8\ The use of the band 19.3-19.7 GHz by the fixed-satellite service
(space-to-Earth) is limited to feeder links for the mobile-satellite
service.
\9\ The use of the band 17.3-17.8 GHz by the fixed-satellite service
(Earth-to-space) is limited to feeder links for broadcasting-satellite
service, and the sub-band 17.7-17.8 GHz is shared co-equally with
terrestrial fixed services.
\10\ This band is shared co-equally with the Federal Government fixed-
satellite service.
\11\ The band 18.6-18.8 GHz is shared co-equally with the non-Federal
Government and Federal Government Earth exploration-satellite
(passive) and space research (passive) services.
\12\ Use of this band by non-geostationary satellite orbit systems in
the fixed-satellite service is limited to gateway earth station
operations.
\13\ Use of this band by the fixed-satellite service is limited to non-
geostationary satellite orbit systems.
\14\ Use of this band by NGSO FSS gateway earth station uplink
operations is subject to the provisions of Sec. 2.106 NG53.
* * * * *
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTION SERVICES
0
6. The authority citation for part 74 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 307, 336(f), 336(h) and 554.
0
7. Section 74.602 is amended by revising footnote 2 following the table
in paragraph (a) introductory text to read as follows:
Sec. 74.602 Frequency assignment.
(a) * * *
\2\ The band 13.15-13.20 GHz is reserved for television pickup
and CARS pickup stations inside a 50 km radius of the 100 television
markets delineated in Sec. 76.51 of this chapter. Outside a 50 km
radius of the 100 television markets delineated in Sec. 76.51 of
this chapter, television pickup stations, CARS stations and NGSO FSS
gateway earth stations shall operate on a primary co-equal basis.
The band 13.20-13.2125 GHz is reserved for television pickup
stations on a primary basis and CARS pickup stations on a secondary
basis inside a 50 km radius of the 100 television markets delineated
in Sec. 76.51 of this chapter. Outside a 50 km radius of the 100
markets delineated in Sec. 76.51 of this chapter, television pickup
stations and NGSO FSS gateway earth stations shall operate on a co-
primary basis, CARS stations shall operate on a secondary basis.
Fixed television auxiliary stations licensed pursuant to
applications accepted for filing before September 1, 1979, may
continue operation on channels in the 13.15-13.25 GHz band, subject
to periodic license renewals. NGSO FSS gateway uplink transmissions
in the 13.15-13.2125 GHz segment shall be limited to a maximum EIRP
of 3.2 dBW towards 0 degrees on the radio horizon. These provisions
shall not apply to GSO FSS operations in the 12.75-13.25 GHz band.
* * * * *
PART 78--CABLE TELEVISION RELAY SERVICE
0
8. The authority for part 78 continues to read as follows:
Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as
amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47 U.S.C.
152, 153, 154, 301, 303, 307, 308, 309.
0
9. Sections 78.18 is amended by revising paragraphs (l) and (m) to read
as follows:
Sec. 78.18 Frequency assignments.
* * * * *
(l) The band 13.15-13.20 GHz is reserved for television pickup and
CARS pickup stations inside a 50 km radius of the 100 television
markets delineated in Sec. 76.51 of this chapter. Outside a 50 km
radius of the 100 television markets delineated in Sec. 76.51 of this
chapter, television pickup stations, CARS stations and NGSO FSS gateway
earth stations shall operate on a primary co-equal basis. The band
13.20-13.2125 GHz is reserved for television pickup stations on a
primary basis and CARS pickup stations on a secondary basis inside a 50
km radius of the 100 television markets delineated in Sec. 76.51 of
this chapter. Outside a 50 km radius of the 100 markets delineated in
Sec. 76.51 of this chapter, television pickup stations and NGSO FSS
gateway earth stations shall operate on a co-primary basis, CARS
stations shall operate on a secondary basis. Fixed television auxiliary
stations licensed pursuant to applications accepted for filing before
September 1, 1979, may continue operation on channels in the 13.15-
13.25 GHz band, subject to periodic license renewals. NGSO FSS gateway
uplink transmissions in the 13.15-13.2125 GHz segment shall be limited
to a maximum EIRP of 3.2 dBW towards 0 degrees on the radio horizon.
These provisions shall not apply to GSO FSS operations in the 12.75-
13.25 GHz band.
(m) CARS stations may be authorized for use of the band from 13.20
to 13.25 GHz on a secondary basis to Television Broadcast Auxiliary
Stations. CARS stations are also secondary to NGSO FSS gateway earth
station uplink operations. Any CARS application seeking authorization
for use of the 13.20 to 13.25 GHz band must demonstrate that the
applicant has
[[Page 34339]]
exhausted all spectrum available to it in the 12.70 to 13.20 GHz band.
Applications for use of this band must specify whether the channels are
6 MHz, 12.5 MHz, or 25 MHz wide and give the upper and lower boundaries
and the polarization for each channel.
[FR Doc. 03-14396 Filed 6-6-03; 8:45 am]
BILLING CODE 6712-01-P