Flexibility for Delivery of Communications by Mobile Satellite Service Providers in the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz Bands, 19316-19321 [05-7180]
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Federal Register / Vol. 70, No. 70 / Wednesday, April 13, 2005 / Rules and Regulations
22.875(d)(5), 22.929(b)(2), 80.21, 80.33,
80.53, 80.469, 80.511, 80.513, 80.553,
80.605, 87.215, 87.347, 90.625, 90.683,
90.763, 101.61, and 101.701, to the
extent that these rules contained
information collection requirements that
required approval by OMB. On January
21, 1999, OMB approved the public
information collection associated with
these rules via OMB Control No. 3060–
0865. The Commission published a
Notice in the Federal Register at 64 FR
9510, (Feb. 26, 1999), announcing
OMB’s approval. OMB Control No.
3060–0865 subsequently was modified
and extended until March 31, 2007.
2. The Commission published a
Notice in the Federal Register at 64 FR
68904, (Oct. 1, 1999), of its
Memorandum Opinion and Order and
Order on Reconsideration
(Memorandum Opinion and Order and
Order on Reconsideration) in the
Universal Licensing System proceeding
(WT Docket Nos. 98–20 and 96–188,
RM–8677 and RM–9107; FCC 99–139),
wherein the Commission modified
certain rules. In that Notice, the
Commission stated that it would
publish a document in the Federal
Register announcing the effective date
of certain rules adopted in the
Memorandum Opinion and Order and
Order on Reconsideration—specifically
§§ 22.529(c), 22.709(f), 22.803(c), and
22.929(d), to the extent that these rules
contained information collection
requirements that required approval by
OMB. On September 30, 1999, OMB
approved the public information
collection associated with these rules
via OMB Control No. 3060–0865. OMB
Control No. 3060–0865 subsequently
was modified and extended until March
31, 2007.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05–6949 Filed 4–12–05; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 25
[IB Docket No. 01–185, FCC 05–30]
Flexibility for Delivery of
Communications by Mobile Satellite
Service Providers in the 2 GHz Band,
the L-Band, and the 1.6/2.4 GHz Bands
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: This document is a summary
of the Memorandum Opinion and Order
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and Second Order on Reconsideration
adopted by the Commission in this
proceeding. The Commission reaffirmed
its decision to allow satellite operators
to integrate Ancillary Terrestrial
Components (ATC) to existing Mobile
Satellite Service (MSS) systems and
amended the service rules governing
ATC to provide greater flexibility for
MSS operators to design and deploy
ATC, while protecting other users in the
bands. The new rules will further the
Commission’s goals of development and
rapid deployment of new technologies,
products, and services for the benefit of
the public, including those residing in
rural areas, and efficient and intensive
use of the electromagnetic spectrum.
DATES: Effective May 13, 2005.
FOR FURTHER INFORMATION CONTACT:
Sean O’More, Howard Griboff, or Paul
Locke, Policy Division, International
Bureau, (202) 418–1460.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
Memorandum Opinion and Order and
Second Order on Reconsideration in IB
Docket No. 01–185, FCC No. 05–30,
adopted February 10, 2005 and released
on February 25, 2005. The full text of
this Commission decision is available
for inspection and copying during
normal business hours in the FCC
Reference Center (Room CY–A257). The
document is also available for download
over the Internet at https://
hraunfoss.fcc.gov/edocs_public/
attachmatch/FCC–05–30A1.doc. The
complete text may also 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 their
web site: https://www.bcpiweb.com or
call 1–800–378–3160.
Summary of Memorandum Opinion
and Order and Second Order on
Reconsideration
On February 10, 2003, the
Commission released a Report and
Order (MSS Flexibility R&O) in this
proceeding (68 FR 33640, June 5, 2003).
The MSS Flexibility R&O permitted
MSS operators to provide integrated
ATC within their assigned MSS
spectrum, and adopted rules pertaining
to the licensing and operation of ATC
systems. The Commission established a
set of prerequisites, known as ‘‘gating
criteria,’’ that MSS operators would
have to satisfy in order to add ATC to
their systems. The Commission also
established technical rules to ensure
that ATC did not interfere with other
MSS operators’ systems or with other
services. Finally, the Commission
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concluded that ATC authority would be
granted by modifying MSS operators’
current licenses, and that ATC authority
would not be granted by competitive
bidding. On July 3, 2003, the
Commission released an Order on
Reconsideration (Sua Sponte Order) (68
FR 47856, August 12, 2003), which
clarified certain aspects of the MSS
Flexibility R&O.
On February 10, 2005, the
Commission adopted the Memorandum
Opinion and Order and Second Order
on Reconsideration in this proceeding.
The Memorandum Opinion and Order
and Second Order on Reconsideration
amends the licensing and service rules
for ATC in the 2000–2020 and 2180–
2200 MHz bands (the 2 GHz MSS band),
the 1525–1559 MHz and 1626.5–1660.5
MHz bands (the L-band), and the 1610–
1626.5 MHz and 2483.5–2500 MHz
bands (the Big LEO band). MSS can
provide mobile communications at any
location in the United States, including
rural and remote areas and offshore
maritime areas where communications
by terrestrial mobile systems are often
unavailable. In some areas, however,
particularly urban areas, the
communications signal from the MSS
satellite can be blocked by tall
buildings. For this reason, there are
areas where MSS communications are
not available. ATC will provide
integrated communications coverage in
these areas, allowing MSS/ATC to offer
ubiquitous service to consumers.
The Memorandum Opinion and Order
and Second Order on Reconsideration
responded to petitions for
reconsideration of the MSS Flexibility
R&O and Sua Sponte Order in four
major areas: (1) Gating criteria, (2)
uplink interference, (3) downlink
interference, and (4) licensing rules.
Gating Criteria. The Memorandum
Opinion and Order and Second Order
on Reconsideration considered requests
to change the gating criteria which MSS
operators must meet in order to provide
ATC. The Commission declined to
require that a percentage of MSS/ATC
system capacity must be reserved for
MSS operations. The Commission also
declined to require MSS/ATC user
terminals, such as handsets, to attempt
to contact the satellite before
communicating through the ATC. The
Commission also clarified the meaning
of the term ‘‘dual-mode device,’’ the
prohibition on offering ATC-only
service, and the requirement that an
MSS operator must satisfy the gating
criteria in each band in which it seeks
to offer ATC.
Uplink Interference. The
Memorandum Opinion and Order and
Second Order on Reconsideration
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changes the basis of the uplink
interference rules in the L-band.
Previously, the technical rules designed
to limit uplink interference to the MSS/
ATC operator’s own satellite and the
satellites of other MSS operators were a
detailed set of restrictions on ATC base
stations and handsets. The Commission
reconsidered these rules, and replaced
them with limits on the overall amount
of interference an MSS/ATC system, as
a whole, may cause to other MSS
systems in the L-band.
Downlink Interference. The
Memorandum Opinion and Order and
Second Order on Reconsideration
increased the maximum power of ATC
base stations in the L-band. The power
limits on ATC base stations in the MSS
Flexibility R&O were based on an
assumed MSS user terminal receiver
tolerance level for interference of -60
dBm. The Commission staff tested
representative MSS user terminals and
determined that the correct tolerance
level for interference of these terminals
is -52 dBm. This justifies an 8 dB
increase in the maximum power of ATC
base stations, and in the power flux
density (PFD) that ATC base stations
may produce near airports and
waterways. In order to provide extra
interference protection for the 1544–
1545 MHz sub-band, which is used for
distress and safety communications, the
Commission retained the former ATC
base station power limits in the 1541.5–
1547.5 MHz sub-band, based on
measurements that demonstrate lower
MSS terminal tolerance for interference
from interfering signals close to the
desired signal. The Commission also
required MSS/ATC operators to
coordinate with other MSS operators
when there was a likelihood that thirdorder intermodulation from ATC base
stations could cause harmful
interference to MSS terminals. In
addition, the Commission noted that
grant of future ATC applications will be
coordinated with the National
Telecommunications and Information
Administration, pursuant to the general
notification process, to assure adequate
protection of the Radionavigation
Satellite Service (RNSS) signals in the
1559–1610 MHz band.
Licensing Rules. The Memorandum
Opinion and Order and Second Order
on Reconsideration reconsidered the
licensing rules for ATC, and amended
the rules to allow non-operational MSS
operators to demonstrate that they
would soon meet the gating criteria.
Upon a substantial showing, the
Commission will grant ATC
authorization to these non-operations
MSS operators so they may begin ATC
operations at the same time they begin
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MSS operations. The Commission also
reconsidered and reaffirmed its decision
that ATC authority is not eligible for
assignment by competitive bidding.
Procedural Matters
Paperwork Reduction Act Analysis
The Memorandum Opinion and Order
and Second Order on Reconsideration
does not contain information collections
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law No. 104–13.
It also, therefore, does not contain any
new or modified ‘‘information
collection burden for small business
concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law No. 107–198, see 44 U.S.C.
3506(c)(4).
Final Regulatory Flexibility Act
Certification
The Regulatory Flexibility Act of
1980, as amended (RFA), requires that a
regulatory flexibility analysis be
prepared for notice-and-comment rule
making proceedings, unless the agency
certifies that ‘‘the rule will not, if
promulgated, have a significant
economic impact on a substantial
number of small entities.’’ (See 5 U.S.C.
601–612; the RFA has been amended by
the Small Business Regulatory
Enforcement Fairness Act of 1996
(SBREFA), Public Law 104–121, Title II,
110 Stat. 857 (1996)). 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. (See 5 U.S.C.
601(3), incorporating by reference the
definition of ‘‘small-business concern’’
in the Small Business Act, (15 U.S.C.
632)). Pursuant to 5 U.S.C. 601(3), the
statutory definition of a small business
applies ‘‘unless an agency, after
consultation with the Office of
Advocacy of the Small Business
Administration and after opportunity
for public comment, establishes one or
more definitions of such term which are
appropriate to the activities of the
agency and publishes such definition(s)
in the Federal Register.’’ 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).
As required by the RFA, an Initial
Regulatory Flexibility Analysis (IRFA)
was incorporated in the MSS Flexibility
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Notice, (68 FR 33666, June 5, 2003) and
no parties responded to the IRFA. After
a review of the policies and rules
adopted in the MSS Flexibility R&O, the
Commission determined that there
would be no significant impact on a
substantial number of small entities.
Thus, a Final Regulatory Flexibility
Certification was included in the MSS
Flexibility R&O.
In addressing the issues raised by the
parties seeking reconsideration of the
MSS Flexibility R&O, no parties
commented on the regulatory flexibility
certification. We certify that the policies
and rules adopted in the Memorandum
Opinion and Order and Second Order
on Reconsideration will not have a
significant impact on a substantial
number of small entities.
We are incorporating the Final
Regulatory Analysis Certification
contained in the MSS Flexibility R&O
into this proceeding. In our
reconsideration of the petitions in this
proceeding, we modify our rules that
permit the addition of ATC to MSS
systems. We change certain technical
standards for ATC in the L-band, in
order to permit MSS/ATC licenses
flexibility in designing and operating
their ATC while at the same time
preventing harmful interference from
ATC to co-primary MSS licensees in the
L-band. In addition, we will allow
certain increases in ATC base station
power. We also modify the rules for
authorizing MSS operators to add ATC
to their networks. We expect that these
changes will facilitate the development
of MSS/ATC. We believe that all
entities, both large and small, will have
the flexibility to design their systems to
meet their customers’ needs. The
policies and rules adopted in this
proceeding are essentially technical
changes that will provide equal
opportunity for operational and nonoperational MSS systems to add ATC
without undue delay.
We believe that the policies and rules
adopted in this proceeding—which
bring additional flexibility to existing
MSS licensees—will not affect a
substantial number of small entities.
There are currently five 2 GHz MSS
licensees, two Big LEO MSS licensees
and three L-band MSS licensees
authorized to provide service in the
United States. Although at least one of
the 2 GHz MSS system licensees and
one of the Big LEO licensees are small
businesses, small businesses often do
not have the financial ability to become
MSS system operators because of the
high implementation costs associated
with satellite systems and services. We
expect that, by the time of MSS ATC
system implementation, these current
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small businesses will no longer be
considered small due to the capital
requirements for launching and
operating a proposed system.
Therefore, we certify that the
requirements of the Memorandum
Opinion and Order and Second Order
on Reconsideration will not have a
significant economic impact on a
substantial number of small entities.
The Commission will send a copy of
the Memorandum Opinion and Order
and Second Order on Reconsideration,
including a copy of this Final
Regulatory Flexibility Certification, in a
report to Congress pursuant to the
Congressional Review Act (see 5 U.S.C.
801(a)(1)(A)).
Ordering Clauses
Pursuant to sections 4(i), 7, 302,
303(c), 303(e), 303(f) and 303(r) of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 157, 302,
303(c), 303(e), 303(f) and 303(r), this
Memorandum Opinion and Order and
Second Order on Reconsideration is
adopted and that part 25 of the
Commission’s rules is amended, as
specified in the Final rule, effective May
13, 2005.
The Petitions for Reconsideration of
the MSS Flexibility R&O filed by
Cingular Wireless LLC, the Society of
Broadcast Engineers, Inc., and Cellular
Telecommunications & Internet
Association are granted in part and
denied in part.
The Petitions for Reconsideration of
the MSS Flexibility R&O filed by Mobile
Satellite Ventures Subsidiary LLC and
Inmarsat Ventures PLC are granted in
part, dismissed as moot in parte, and
denied in part.
The Petition for Reconsideration of
the MSS Flexibility R&O filed by the
Boeing Co. is granted in part and denied
in part.
The Petition for Reconsideration of
the Sua Sponte Order filed by the
Boeing Co. is granted in part and denied
in part.
The Final Regulatory Flexibility
Certification, as required by section 604
of the Regulatory Flexibility Act, is
adopted.
The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Memorandum Opinion and Order
and Second Order on Reconsideration,
including the Final Regulatory
Flexibility Certification, to the Chief
Counsel for Advocacy of the Small
Business Administration.
List of Subjects in 47 CFR Part 25
Radio, Satellites,
Telecommunications.
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Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rule
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR Part 25 as
follows:
I
PART 25—SATELLITE
COMMUNICATIONS
1. 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
amended, 47 U.S.C. Sections 154, 301, 302,
303, 307, 309, 332, unless otherwise noted.
2. Section 25.149 is amended by
adding a note to paragraph (a)(1) and by
revising paragraph (b)(1)(i) to read as
follows:
I
§ 25.149 Application requirements for
ancillary terrestrial components in the
mobile-satellite service networks operating
in the 1.5/1.6 GHz, 1.6/2.4 GHz and 2 GHz
mobile-satellite service.
(a) * * *
(1) * * *
Note to paragraph (a)(1): An L-band MSS
licensee is permitted to apply for ATC
authorization based on a non-forward-band
mode of operation provided it is able to
demonstrate that the use of a non-forwardband mode of operation would produce no
greater potential interference than that
produced as a result of implementing the
rules of this section.
*
*
*
*
*
(b) * * *
(1) * * *
(i) For the 2 GHz MSS band, an
applicant must demonstrate that it can
provide space-segment service covering
all 50 states, Puerto Rico, and the U.S.
Virgin Islands one-hundred percent of
the time, unless it is not technically
possible, consistent with the coverage
requirements for 2 GHz MSS GSO
operators.
*
*
*
*
*
I 3. Section 25.201 is amended by
revising the definition of ‘‘Ancillary
terrestrial component’’ to read as
follows:
Definitions.
*
*
*
*
*
Ancillary terrestrial component. The
term ‘‘ancillary terrestrial component’’
means a terrestrial communications
network used in conjunction with a
qualifying satellite network system
authorized pursuant to these rules and
the conditions established in the Orders
issued in IB Docket No. 01–185,
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§ 25.216 Limits on emissions from mobile
earth stations for protection of aeronautical
radionavigation-satellite service.
*
I
§ 25.201
Flexibility for Delivery of
Communications by Mobile Satellite
Service Providers in the 2 GHz Band, the
L-Band, and the 1.6/2.4 GHz Band.
*
*
*
*
*
I 4. Section 25.216 is amended by
revising paragraph (i) to read as follows:
*
*
*
*
(i) The e.i.r.p density of carrier-off
state emissions from mobile earth
stations manufactured more than six
months after Federal Register
publication of the rule changes adopted
in FCC 03–283 with assigned uplink
frequencies between 1 and 3 GHz shall
not exceed -80 dBW/MHz in the 1559–
1610 MHz band averaged over any two
millisecond interval.
*
*
*
*
*
I 5. Section 25.252 is amended by
revising paragraphs (a)(7) and (b)(3) to
read as follows:
§ 25.252 Special requirements for ancillary
terrestrial components operating in the
2000–2020 MHz/2180–2200 MHz bands.
(a) * * *
(7) Generate EIRP density, averaged
over any two millisecond active
transmission interval, greater than -70
dBW/MHz in the 1559–1610 MHz band.
The EIRP, measured over any two
millisecond active transmission
interval, of discrete out-of-band
emissions of less than 700 Hz
bandwidth from such base stations,
shall not exceed -80 dBW in the 1559–
1610 MHz band. A root-mean-square
detector function with a resolution
bandwidth of one megahertz or
equivalent and no less video bandwidth
shall be used to measure wideband EIRP
density for purposes of this rule, and
narrowband EIRP shall be measured
with a root-mean-square detector
function with a resolution bandwidth of
one kilohertz or equivalent.
*
*
*
*
*
(b) * * *
(3) Not generate EIRP density,
averaged over any two-millisecond
active transmission interval, greater
than -70 dBW/MHz in the 1559–1610
MHz band. The EIRP, measured over
any two-millisecond active transmission
interval, of discrete out-of-band
emissions of less than 700 Hz
bandwidth from such mobile terminals
shall not exceed -80 dBW in the 1559–
1610 MHz band. The EIRP density of
carrier-off-state emissions from such
mobile terminals shall not exceed -80
dBW/MHz in the 1559–1610 MHz band,
averaged over a two-millisecond
interval. A root-mean-square detector
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function with a resolution bandwidth of
one megahertz or equivalent and no less
video bandwidth shall be used to
measure wideband EIRP density for
purposes of this rule, and narrowband
EIRP shall be measured with a rootmean-square detector function with a
resolution bandwidth of one kilohertz or
equivalent.
*
*
*
*
*
I 6. Section 25.253 is revised to read as
follows:
§ 25.253 Special requirements for ancillary
terrestrial components operating in the
1626.5–1660.5 MHz/1525–1559 MHz bands.
(a) An ancillary terrestrial component
in these bands shall:
(1) In any band segment coordinated
for the exclusive use of an MSS
applicant within the land area of the
U.S., where there is no other L-Band
MSS satellite making use of that band
segment within the visible portion of
the geostationary arc as seen from the
ATC coverage area, the ATC system will
be limited by the in-band and out-ofband emission limitations contained in
this section and the requirement to
maintain a substantial MSS service.
(2) In any band segment that is
coordinated for the shared use of the
applicant’s MSS system and another
MSS operator, where the coordination
agreement existed prior to February 10,
2005 and permits a level of interference
to the other MSS system of less than 6%
DT/T, the applicant’s combined ATC
and MSS operations shall increase the
system noise level of the other MSS to
no more then 6% DT/T. Any future
coordination agreement between the
parties governing ATC operation will
supersede this paragraph.
(3) In any band segment that is
coordinated for the shared use of the
applicant’s MSS system and another
MSS operator, where a coordination
agreement existed prior to February 10,
2005 and permits a level of interference
to the other MSS system of 6% DT/T or
greater, the applicant’s ATC operations
may increase the system noise level of
the other MSS system by no more than
an additional 1% DT/T. Any future
coordination agreement between the
parties governing ATC operations will
supersede this paragraph.
(4) In a band segment in which the
applicant has no rights under a
coordination agreement, the applicant
may not implement ATC in that band.
(b) ATC base stations shall not exceed
an out-of-channel emissions
measurement of -57.9 dBW/MHz at the
edge of a MSS licensee’s authorized and
internationally coordinated MSS
frequency assignment.
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(c) An applicant for an ancillary
terrestrial component in these bands
shall:
(1) Demonstrate, at the time of
application, how its ATC network will
comply with the requirements of
footnotes US308 and US315 to the table
of frequency allocations contained in
§ 2.106 of this chapter regarding priority
and preemptive access to the L-band
MSS spectrum by the aeronautical
mobile-satellite en-route service
(AMS(R)S) and the global maritime
distress and safety system (GMDSS).
(2) Coordinate with the terrestrial
CMRS operators prior to initiating ATC
transmissions when co-locating ATC
base stations with terrestrial commercial
mobile radio service (CMRS) base
stations that make use of Global
Positioning System (GPS) time-based
receivers.
(3) Provide, at the time of application,
calculations that demonstrate the ATC
system conforms to the DT/T
requirements in paragraphs (a)(2) and
(a)(3) of this section, if a coordination
agreement that incorporates the ATC
operations does not exist with other
MSS operators.
(d) Applicants for an ancillary
terrestrial component in these bands
must demonstrate that ATC base
stations shall not:
(1) Exceed a peak EIRP of 31.9–10*log
(number of carriers) dBW/200kHz, per
sector, for each carrier in the 1525–
1541.5 MHz and 1547.5–1559 MHz
frequency bands;
(2) Exceed an EIRP in any direction
toward the physical horizon (not to
include man-made structures) of 26.9–
10*log (number of carriers) dBW/200
kHz, per sector, for each carrier in the
1525–1541.5 MHz and 1547.5–1559
MHz frequency bands;
(3) Exceed a peak EIRP of 23.9
¥10*log(number of carriers) dBW/200
kHz, per sector, for each carrier in the
1541.5–1547.5 MHz frequency band;
(4) Exceed an EIRP toward the
physical horizon (not to include manmade structures) of 18.9—
10*log(number of carriers) dBW/200
kHz, per sector, for each carrier in the
1541.5–1547.5 MHz frequency band;
(5) Exceed a total power flux density
level of ¥56.8 dBW/m2/200 kHz at the
edge of all airport runways and aircraft
stand areas, including takeoff and
landing paths from all carriers operating
in the 1525–1559 MHz frequency bands.
The total power flux density here is the
sum of all power flux density values
associated with all carriers in a sector in
the 1525–1559 MHz frequency band,
expressed in dB(Watts/m2/200 kHz).
Free-space loss must be assumed if this
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19319
requirement is demonstrated via
calculation;
(6) Exceed a total power flux density
level of ¥56.6 dBW/ m2/200 kHz at the
water’s edge of any navigable waterway
from all carriers operating in the 1525–
1541.5 MHz and 1547.5–1559 MHz
frequency bands. The total power flux
density here is the sum of all power flux
density values associated with all
carriers in a sector in the 1525–1541.5
MHz and 1547.5–1559 MHz frequency
bands, expressed in dB(Watts/m2/200
kHz). Free-space loss must be assumed
if this requirement is demonstrated via
calculation;
(7) Exceed a total power flux density
level of ¥64.6 dBW/ m2/200 kHz at the
water’s edge of any navigable waterway
from all carriers operating in the
1541.5–1547.5 MHz frequency band.
The total power flux density here is the
sum of all power flux density values
associated with all carriers in a sector in
the 1541.5–1547.5 MHz frequency band,
expressed in dB(Watts/m2/200 kHz).
Free-space loss must be assumed if this
requirement is demonstrated via
calculation;
(8) Exceed a peak antenna gain of 16
dBi;
(9) Generate EIRP density, averaged
over any two-millisecond active
transmission interval, greater than ¥70
dBW/MHz in the 1559–1605 MHz band
or greater than a level determined by
linear interpolation in the 1605–1610
MHz band, from ¥70 dBW/MHz at 1605
MHz to ¥46 dBW/MHz at 1610 MHz.
The EIRP, averaged over any twomillisecond active transmission
interval, of discrete out-of-band
emissions of less than 700 Hz
bandwidth from such base stations shall
not exceed ¥80 dBW in the 1559–1605
MHz band or exceed a level determined
by linear interpolation in the 1605–1610
MHz band, from ¥80 dBW at 1605 MHz
to ¥56 dBW at 1610 MHz. A root-meansquare detector function with a
resolution bandwidth of one megahertz
or equivalent and no less video
bandwidth shall be used to measure
wideband EIRP density for purposes of
this rule, and narrowband EIRP shall be
measured with a root-mean-square
detector function with a resolution
bandwidth of one kilohertz or
equivalent.
(e) Applicants for an ancillary
terrestrial component in these bands
must demonstrate, at the time of the
application, that ATC base stations shall
use left-hand-circular polarization
antennas with a maximum gain of 16
dBi and overhead gain suppression
according to the following:
E:\FR\FM\13APR1.SGM
13APR1
19320
Federal Register / Vol. 70, No. 70 / Wednesday, April 13, 2005 / Rules and Regulations
Antenna discrimination pattern (dB)
Angle from direction of maximum gain, in vertical plane, above antenna (degrees)
0 ......................................................................................................................................................................................
5 ......................................................................................................................................................................................
10 ....................................................................................................................................................................................
15 to 55 ...........................................................................................................................................................................
55 to 145 .........................................................................................................................................................................
145 to 180 .......................................................................................................................................................................
Where: Gmax is the maximum gain of
the base station antenna in dBi.
(f) Prior to operation, ancillary
terrestrial component licensees shall:
(1) Provide the Commission with
sufficient information to complete
coordination of ATC base stations with
Search-and-Rescue Satellite-Aided
Tracking (SARSAT) earth stations
operating in the 1544–1545 MHz band
for any ATC base station located either
within 27 km of a SARSAT station, or
within radio horizon of the SARSAT
station, whichever is less.
(2) Take all practicable steps to avoid
locating ATC base stations within radio
line of sight of Mobile Aeronautical
Telemetry (MAT) receive sites in order
to protect U.S. MAT systems consistent
with ITU–R Recommendation ITU–R
M.1459. MSS ATC base stations located
within radio line of sight of a MAT
receiver must be coordinated with the
Aerospace and Flight Test Radio
Coordinating Council (AFTRCC) for
non-Government MAT receivers on a
case-by-case basis prior to operation.
For government MAT receivers, the
MSS licensee shall supply sufficient
information to the Commission to allow
coordination to take place. A listing of
current and planned MAT receiver sites
can be obtained from AFTRCC for nonGovernment sites and through the FCC’s
IRAC Liaison for Government MAT
receiver sites.
(g) ATC mobile terminals shall:
(1) Be limited to a peak EIRP level of
0 dBW and an out-of-channel emissions
of ¥67 dBW/4 kHz at the edge of an
MSS licensee’s authorized and
internationally coordinated MSS
frequency assignment.
(2) Be operated in a fashion that takes
all practicable steps to avoid causing
interference to U.S. radio astronomy
service (RAS) observations in the 1660–
1660.5 MHz band.
(3) Not generate EIRP density,
averaged over any two-millisecond
active transmission interval, greater
than ¥70 dBW/MHz in the 1559–1605
MHz band or greater than a level
determined by linear interpolation in
the 1605–1610 MHz band, from ¥70
dBW/MHz at 1605 MHz to ¥46 dBW/
MHz at 1610 MHz. The EIRP, averaged
over any two-millisecond active
VerDate jul<14>2003
16:30 Apr 12, 2005
Jkt 205001
transmission interval, of discrete out-ofband emissions of less than 700 Hz
bandwidth from such mobile terminals
shall not exceed ¥80 dBW in the 1559–
1605 MHz band or exceed a level
determined by linear interpolation in
the 1605–1610 MHz band, from ¥80
dBW at 1605 MHz to ¥56 dBW at 1610
MHz. The EIRP density of carrier-offstate emissions from such mobile
terminals shall not exceed ¥80 dBW/
MHz in the 1559–1610 MHz band,
averaged over a two-millisecond
interval. A root-mean-square detector
function with a resolution bandwidth of
one megahertz or equivalent and no less
video bandwidth shall be used to
measure wideband EIRP density for
purposes of this rule, and narrowband
EIRP shall be measured with a rootmean-square detector function with a
resolution bandwidth of one kilohertz or
equivalent.
(h) When implementing multiple base
stations and/or base stations using
multiple carriers, where any third-order
intermodulation product of these base
stations falls on an L-band MSS band
coordinated for use by another MSS
operator with rights to the coordinated
band, the MSS ATC licensee must notify
the MSS operator. The MSS operator
may request coordination to modify the
base station carrier frequencies, or to
reduce the maximum base station EIRP
on the frequencies contributing to the
third-order intermodulation products.
The threshold for this notification and
coordination is when the sum of the
calculated signal levels received by an
MSS receiver exceeds ¥70 dBm. The
MSS receiver used in these calculations
can be assumed to have an antenna with
0 dBi gain. Free-space propagation
between the base station antennas and
the MSS terminals can be assumed and
actual signal polarizations for the ATC
signals and the MSS system may be
used.
7. Section 25.254 is amended by
revising paragraphs (a)(4) and (b)(4) as
follows:
I
§ 25.254 Special requirements for ancillary
terrestrial components operating in the
1610–1626.5 MHz/2483.5–2500 MHz bands.
PO 00000
(a) * * *
Frm 00068
Fmt 4700
Sfmt 4700
Gmax
Not to
Not to
Not to
Not to
Not to
Exceed
Exceed
Exceed
Exceed
Exceed
Gmax
Gmax
Gmax
Gmax
Gmax
¥5
¥19
¥27
¥30
¥26
(4) Base stations operating in
frequencies above 2483.5 MHz shall not
generate EIRP density, averaged over
any two-millisecond active transmission
interval, greater than ¥70 dBW/MHz in
the 1559–1610 MHz band. The EIRP,
averaged over any two-millisecond
active transmission interval, of discrete
out-of-band emissions of less than 700
Hz bandwidth from such base stations
shall not exceed ¥80 dBW in the 1559–
1610 MHz band. A root-mean-square
detector function with a resolution
bandwidth of one megahertz or
equivalent and no less video bandwidth
shall be used to measure wideband EIRP
density for purposes of this rule, and
narrowband EIRP shall be measured
with a root-mean-square detector
function with a resolution bandwidth of
one kilohertz or equivalent.
*
*
*
*
*
(b) * * *
(4) ATC mobile terminals operating in
assigned frequencies in the 1610–1626.5
MHz band shall not generate EIRP
density, averaged over any twomillisecond active transmission
interval, greater than -70 dBW/MHz in
the 1559–1605 MHz band or greater
than a level determined by linear
interpolation in the 1605–1610 MHz
band, from ¥70 dBW/MHz at 1605 MHz
to ¥10 dBW/MHz at 1610 MHz. The
EIRP, averaged over any twomillisecond active transmission
interval, of discrete out-of-band
emissions of less than 700 Hz
bandwidth from such mobile terminals
shall not exceed ¥80 dBW in the 1559–
1605 MHz band or exceed a level
determined by linear interpolation in
the 1605–1610 MHz band, from ¥80
dBW at 1605 MHz to ¥20 dBW at 1610
MHz. The EIRP density of carrier-offstate emissions from such mobile
terminals shall not exceed ¥80 dBW/
MHz in the 1559–1610 MHz band,
averaged over a two-millisecond
interval. A root-mean-square detector
function with a resolution bandwidth of
one megahertz or equivalent and no less
video bandwidth shall be used to
measure wideband EIRP density for
purposes of this rule, and narrowband
EIRP shall be measured with a rootmean-square detector function with a
E:\FR\FM\13APR1.SGM
13APR1
Federal Register / Vol. 70, No. 70 / Wednesday, April 13, 2005 / Rules and Regulations
resolution bandwidth of one kilohertz or
equivalent.
*
*
*
*
*
[FR Doc. 05–7180 Filed 4–12–05; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 52
[CC Docket No. 92–105; FCC 05–59]
The Use of N11 Codes and Other
Abbreviated Dialing Arrangements
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: In this document, the
Commission designates 811 as the
national abbreviated dialing code to be
used by state One Call notification
systems for providing advanced notice
of excavation activities to underground
facility operators in compliance with
the Pipeline Safety Improvement Act of
2002 (the Pipeline Safety Act). This
Order implements the Pipeline Safety
Act, which provides for the
establishment of a nationwide toll-free
abbreviated dialing arrangement to be
used by state One Call notification
systems.
DATES: Effective May 13, 2005.
FOR FURTHER INFORMATION CONTACT:
Regina Brown, Attorney, Wireline
Competition Bureau,
Telecommunications Access Policy
Division, (202) 418–7400, TTY (202)
418–0484.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Sixth
Report and Order, in CC Docket No. 92–
105, FCC 05–59, released March 14,
2005. The full text of this document is
available for public inspection during
regular business hours in the FCC
Reference Center, Room CY–A257, 445
12th Street, SW., Washington, DC
20554.
I. Introduction
1. In this Sixth Report and Order (6th
R&O), released on March 14, 2005, we
designate 811 as the national
abbreviated dialing code to be used by
state One Call notification systems for
providing advanced notice of excavation
activities to underground facility
operators in compliance with the
Pipeline Safety Act. This Order
implements the Pipeline Safety Act,
which provides for the establishment of
a nationwide toll-free abbreviated
dialing arrangement to be used by state
One Call notification systems. A One
VerDate jul<14>2003
16:30 Apr 12, 2005
Jkt 205001
Call notification system is a
communication system established by
operators of underground facilities and/
or state governments in order to provide
a means for excavators and the general
public to notify facility operators in
advance of their intent to engage in
excavation activities. We also address
various implementation issues in this
Order. Specifically, we:
• Require One Call Centers to notify
carriers of the toll-free or local number
the One Call Center uses in order to
ensure that callers do not incur toll
charges, as mandated by the statute;
• Allow carriers to use either the
Numbering Plan Area (NPA)-NXX or the
originating switch to determine the
appropriate One Call Center to which a
call should be routed;
• Require the use of 811 as the
national abbreviated dialing code for
providing advanced notice of excavation
activities to underground facility
operators within two years after
publication of this Order in the Federal
Register; and
• Delegate authority to the states,
pursuant to section 251(e), to address
the technical and operational issues
associated with the implementation of
the 811 code.
2. The 811 abbreviated dialing code
shall be deployed ubiquitously by
carriers throughout the United States for
use by all telecommunications carriers,
including wireline, wireless, and
payphone service providers that provide
access to state One Call Centers. This
designation shall be effective May 13,
2005.
II. Discussion
A. Abbreviated Dialing Arrangements
1. Designation of 811 as a National
Abbreviated Dialing Code
3. Background. In the Notice of
Proposed Rulemaking, (NPRM), 69 FR
31930, June 8, 2004, we sought
comment on whether to use an N11
code for access to One Call Centers.
Specifically, we sought comment on the
North American Numbering Council’s
(NANC) recommendation to assign 811
for this purpose. We also asked
commenters to address whether we
should incorporate the One Call access
service into an existing N11 code, such
as 311 or 511, to preserve the remaining
unassigned N11 codes. The NANC
expressed concern that shared use could
cause caller confusion, misrouted calls,
and deployment delay. We requested
commenters that advocated shared use
of an existing N11 code to propose
solutions to mitigate the concerns
expressed by the NANC.
4. Discussion. In this Order, we
conclude that an N11 code is the best
PO 00000
Frm 00069
Fmt 4700
Sfmt 4700
19321
solution, within the framework of the
statute, for access to One Call Centers.
Thus, consistent with the statutory
mandate, we designate 811 as the
national abbreviated dialing code to be
used by state One Call notification
systems for providing advanced notice
of excavation activities to underground
facility operators in compliance with
the Pipeline Safety Improvement Act. In
so doing, we reject the other options
considered by the NANC and posed in
the NPRM. We agree with commenters
that other alternatives—codes using a
leading star or number sign, e.g. *344 or
#344 and an Easily Recognizable Code
(ERC), such as 344—are impractical,
costly to implement, and could delay
the availability of a national One Call
number for years. Moreover, dialing
arrangements in the format of *XXX or
#XXX, in as much as these codes
include three digits following the
leading star or number sign, do not
comply with the statute’s requirement to
utilize a nationwide ‘‘three-digit
number’’ to access One Call Centers. We
believe that 811 will have less impact
on customer dialing patterns and can be
implemented without the substantial
cost and delay of switch development
required with the other proposed
alternatives. We also agree with the U.S.
Department of Transportation (DOT)
that the special nature of an N11 code
makes the 811 code amenable to a
public education campaign linking it to
One Call Centers. We reject APCC’s
request to exempt payphone service
providers from this requirement. In
contrast to the Act’s clear mandate of a
nationwide toll-free three-digit code for
access to One Call Centers, APCC
provides no credible argument for an
exemption. The Act does not provide
any exemptions from this requirement,
and we decline to do so here.
5. Although we recognize that using
811 depletes the quantity of remaining
N11 codes assignable for other
purposes, using an N11 code to access
One Call Centers will consume fewer
numbering resources than certain other
alternative abbreviated dialing
arrangements. Additionally, the use of
an N11 code to access One Call services
follows the existing conventions for
abbreviated dialing already familiar to
customers. The N11 architecture is an
established abbreviated dialing plan that
is recognized by switch manufacturers
and the public at large. Most
significantly, using an N11 code such as
811 satisfies the legislative mandate for
a three-digit nationwide number.
6. We share the concerns of
commenters regarding the shared use of
an existing N11 code, such as 511
(which is currently used for travel and
E:\FR\FM\13APR1.SGM
13APR1
]]>Agencies
[Federal Register Volume 70, Number 70 (Wednesday, April 13, 2005)]
[Rules and Regulations]
[Pages 19316-19321]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7180]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[IB Docket No. 01-185, FCC 05-30]
Flexibility for Delivery of Communications by Mobile Satellite
Service Providers in the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz
Bands
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document is a summary of the Memorandum Opinion and Order
and Second Order on Reconsideration adopted by the Commission in this
proceeding. The Commission reaffirmed its decision to allow satellite
operators to integrate Ancillary Terrestrial Components (ATC) to
existing Mobile Satellite Service (MSS) systems and amended the service
rules governing ATC to provide greater flexibility for MSS operators to
design and deploy ATC, while protecting other users in the bands. The
new rules will further the Commission's goals of development and rapid
deployment of new technologies, products, and services for the benefit
of the public, including those residing in rural areas, and efficient
and intensive use of the electromagnetic spectrum.
DATES: Effective May 13, 2005.
FOR FURTHER INFORMATION CONTACT: Sean O'More, Howard Griboff, or Paul
Locke, Policy Division, International Bureau, (202) 418-1460.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Memorandum Opinion and Order and Second Order on Reconsideration in IB
Docket No. 01-185, FCC No. 05-30, adopted February 10, 2005 and
released on February 25, 2005. The full text of this Commission
decision is available for inspection and copying during normal business
hours in the FCC Reference Center (Room CY-A257). The document is also
available for download over the Internet at https://hraunfoss.fcc.gov/
edocs_public/attachmatch/FCC-05-30A1.doc. The complete text may also
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 their web site:
https://www.bcpiweb.com or call 1-800-378-3160.
Summary of Memorandum Opinion and Order and Second Order on
Reconsideration
On February 10, 2003, the Commission released a Report and Order
(MSS Flexibility R&O) in this proceeding (68 FR 33640, June 5, 2003).
The MSS Flexibility R&O permitted MSS operators to provide integrated
ATC within their assigned MSS spectrum, and adopted rules pertaining to
the licensing and operation of ATC systems. The Commission established
a set of prerequisites, known as ``gating criteria,'' that MSS
operators would have to satisfy in order to add ATC to their systems.
The Commission also established technical rules to ensure that ATC did
not interfere with other MSS operators' systems or with other services.
Finally, the Commission concluded that ATC authority would be granted
by modifying MSS operators' current licenses, and that ATC authority
would not be granted by competitive bidding. On July 3, 2003, the
Commission released an Order on Reconsideration (Sua Sponte Order) (68
FR 47856, August 12, 2003), which clarified certain aspects of the MSS
Flexibility R&O.
On February 10, 2005, the Commission adopted the Memorandum Opinion
and Order and Second Order on Reconsideration in this proceeding. The
Memorandum Opinion and Order and Second Order on Reconsideration amends
the licensing and service rules for ATC in the 2000-2020 and 2180-2200
MHz bands (the 2 GHz MSS band), the 1525-1559 MHz and 1626.5-1660.5 MHz
bands (the L-band), and the 1610-1626.5 MHz and 2483.5-2500 MHz bands
(the Big LEO band). MSS can provide mobile communications at any
location in the United States, including rural and remote areas and
offshore maritime areas where communications by terrestrial mobile
systems are often unavailable. In some areas, however, particularly
urban areas, the communications signal from the MSS satellite can be
blocked by tall buildings. For this reason, there are areas where MSS
communications are not available. ATC will provide integrated
communications coverage in these areas, allowing MSS/ATC to offer
ubiquitous service to consumers.
The Memorandum Opinion and Order and Second Order on
Reconsideration responded to petitions for reconsideration of the MSS
Flexibility R&O and Sua Sponte Order in four major areas: (1) Gating
criteria, (2) uplink interference, (3) downlink interference, and (4)
licensing rules.
Gating Criteria. The Memorandum Opinion and Order and Second Order
on Reconsideration considered requests to change the gating criteria
which MSS operators must meet in order to provide ATC. The Commission
declined to require that a percentage of MSS/ATC system capacity must
be reserved for MSS operations. The Commission also declined to require
MSS/ATC user terminals, such as handsets, to attempt to contact the
satellite before communicating through the ATC. The Commission also
clarified the meaning of the term ``dual-mode device,'' the prohibition
on offering ATC-only service, and the requirement that an MSS operator
must satisfy the gating criteria in each band in which it seeks to
offer ATC.
Uplink Interference. The Memorandum Opinion and Order and Second
Order on Reconsideration
[[Page 19317]]
changes the basis of the uplink interference rules in the L-band.
Previously, the technical rules designed to limit uplink interference
to the MSS/ATC operator's own satellite and the satellites of other MSS
operators were a detailed set of restrictions on ATC base stations and
handsets. The Commission reconsidered these rules, and replaced them
with limits on the overall amount of interference an MSS/ATC system, as
a whole, may cause to other MSS systems in the L-band.
Downlink Interference. The Memorandum Opinion and Order and Second
Order on Reconsideration increased the maximum power of ATC base
stations in the L-band. The power limits on ATC base stations in the
MSS Flexibility R&O were based on an assumed MSS user terminal receiver
tolerance level for interference of -60 dBm. The Commission staff
tested representative MSS user terminals and determined that the
correct tolerance level for interference of these terminals is -52 dBm.
This justifies an 8 dB increase in the maximum power of ATC base
stations, and in the power flux density (PFD) that ATC base stations
may produce near airports and waterways. In order to provide extra
interference protection for the 1544-1545 MHz sub-band, which is used
for distress and safety communications, the Commission retained the
former ATC base station power limits in the 1541.5-1547.5 MHz sub-band,
based on measurements that demonstrate lower MSS terminal tolerance for
interference from interfering signals close to the desired signal. The
Commission also required MSS/ATC operators to coordinate with other MSS
operators when there was a likelihood that third-order intermodulation
from ATC base stations could cause harmful interference to MSS
terminals. In addition, the Commission noted that grant of future ATC
applications will be coordinated with the National Telecommunications
and Information Administration, pursuant to the general notification
process, to assure adequate protection of the Radionavigation Satellite
Service (RNSS) signals in the 1559-1610 MHz band.
Licensing Rules. The Memorandum Opinion and Order and Second Order
on Reconsideration reconsidered the licensing rules for ATC, and
amended the rules to allow non-operational MSS operators to demonstrate
that they would soon meet the gating criteria. Upon a substantial
showing, the Commission will grant ATC authorization to these non-
operations MSS operators so they may begin ATC operations at the same
time they begin MSS operations. The Commission also reconsidered and
reaffirmed its decision that ATC authority is not eligible for
assignment by competitive bidding.
Procedural Matters
Paperwork Reduction Act Analysis
The Memorandum Opinion and Order and Second Order on
Reconsideration does not contain information collections subject to the
Paperwork Reduction Act of 1995 (PRA), Public Law No. 104-13. It also,
therefore, does not contain any new or modified ``information
collection burden for small business concerns with fewer than 25
employees,'' pursuant to the Small Business Paperwork Relief Act of
2002, Public Law No. 107-198, see 44 U.S.C. 3506(c)(4).
Final Regulatory Flexibility Act Certification
The Regulatory Flexibility Act of 1980, as amended (RFA), requires
that a regulatory flexibility analysis be prepared for notice-and-
comment rule making proceedings, unless the agency certifies that ``the
rule will not, if promulgated, have a significant economic impact on a
substantial number of small entities.'' (See 5 U.S.C. 601-612; the RFA
has been amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857
(1996)). 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. (See 5 U.S.C. 601(3),
incorporating by reference the definition of ``small-business concern''
in the Small Business Act, (15 U.S.C. 632)). Pursuant to 5 U.S.C.
601(3), the statutory definition of a small business applies ``unless
an agency, after consultation with the Office of Advocacy of the Small
Business Administration and after opportunity for public comment,
establishes one or more definitions of such term which are appropriate
to the activities of the agency and publishes such definition(s) in the
Federal Register.'' 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).
As required by the RFA, an Initial Regulatory Flexibility Analysis
(IRFA) was incorporated in the MSS Flexibility Notice, (68 FR 33666,
June 5, 2003) and no parties responded to the IRFA. After a review of
the policies and rules adopted in the MSS Flexibility R&O, the
Commission determined that there would be no significant impact on a
substantial number of small entities. Thus, a Final Regulatory
Flexibility Certification was included in the MSS Flexibility R&O.
In addressing the issues raised by the parties seeking
reconsideration of the MSS Flexibility R&O, no parties commented on the
regulatory flexibility certification. We certify that the policies and
rules adopted in the Memorandum Opinion and Order and Second Order on
Reconsideration will not have a significant impact on a substantial
number of small entities.
We are incorporating the Final Regulatory Analysis Certification
contained in the MSS Flexibility R&O into this proceeding. In our
reconsideration of the petitions in this proceeding, we modify our
rules that permit the addition of ATC to MSS systems. We change certain
technical standards for ATC in the L-band, in order to permit MSS/ATC
licenses flexibility in designing and operating their ATC while at the
same time preventing harmful interference from ATC to co-primary MSS
licensees in the L-band. In addition, we will allow certain increases
in ATC base station power. We also modify the rules for authorizing MSS
operators to add ATC to their networks. We expect that these changes
will facilitate the development of MSS/ATC. We believe that all
entities, both large and small, will have the flexibility to design
their systems to meet their customers' needs. The policies and rules
adopted in this proceeding are essentially technical changes that will
provide equal opportunity for operational and non-operational MSS
systems to add ATC without undue delay.
We believe that the policies and rules adopted in this proceeding--
which bring additional flexibility to existing MSS licensees--will not
affect a substantial number of small entities. There are currently five
2 GHz MSS licensees, two Big LEO MSS licensees and three L-band MSS
licensees authorized to provide service in the United States. Although
at least one of the 2 GHz MSS system licensees and one of the Big LEO
licensees are small businesses, small businesses often do not have the
financial ability to become MSS system operators because of the high
implementation costs associated with satellite systems and services. We
expect that, by the time of MSS ATC system implementation, these
current
[[Page 19318]]
small businesses will no longer be considered small due to the capital
requirements for launching and operating a proposed system.
Therefore, we certify that the requirements of the Memorandum
Opinion and Order and Second Order on Reconsideration will not have a
significant economic impact on a substantial number of small entities.
The Commission will send a copy of the Memorandum Opinion and Order
and Second Order on Reconsideration, including a copy of this Final
Regulatory Flexibility Certification, in a report to Congress pursuant
to the Congressional Review Act (see 5 U.S.C. 801(a)(1)(A)).
Ordering Clauses
Pursuant to sections 4(i), 7, 302, 303(c), 303(e), 303(f) and
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i),
157, 302, 303(c), 303(e), 303(f) and 303(r), this Memorandum Opinion
and Order and Second Order on Reconsideration is adopted and that part
25 of the Commission's rules is amended, as specified in the Final
rule, effective May 13, 2005.
The Petitions for Reconsideration of the MSS Flexibility R&O filed
by Cingular Wireless LLC, the Society of Broadcast Engineers, Inc., and
Cellular Telecommunications & Internet Association are granted in part
and denied in part.
The Petitions for Reconsideration of the MSS Flexibility R&O filed
by Mobile Satellite Ventures Subsidiary LLC and Inmarsat Ventures PLC
are granted in part, dismissed as moot in parte, and denied in part.
The Petition for Reconsideration of the MSS Flexibility R&O filed
by the Boeing Co. is granted in part and denied in part.
The Petition for Reconsideration of the Sua Sponte Order filed by
the Boeing Co. is granted in part and denied in part.
The Final Regulatory Flexibility Certification, as required by
section 604 of the Regulatory Flexibility Act, is adopted.
The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this Memorandum
Opinion and Order and Second Order on Reconsideration, including the
Final Regulatory Flexibility Certification, to the Chief Counsel for
Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 25
Radio, Satellites, Telecommunications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rule
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For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR Part 25 as follows:
PART 25--SATELLITE COMMUNICATIONS
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1. 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
amended, 47 U.S.C. Sections 154, 301, 302, 303, 307, 309, 332,
unless otherwise noted.
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2. Section 25.149 is amended by adding a note to paragraph (a)(1) and
by revising paragraph (b)(1)(i) to read as follows:
Sec. 25.149 Application requirements for ancillary terrestrial
components in the mobile-satellite service networks operating in the
1.5/1.6 GHz, 1.6/2.4 GHz and 2 GHz mobile-satellite service.
(a) * * *
(1) * * *
Note to paragraph (a)(1): An L-band MSS licensee is permitted to
apply for ATC authorization based on a non-forward-band mode of
operation provided it is able to demonstrate that the use of a non-
forward-band mode of operation would produce no greater potential
interference than that produced as a result of implementing the
rules of this section.
* * * * *
(b) * * *
(1) * * *
(i) For the 2 GHz MSS band, an applicant must demonstrate that it
can provide space-segment service covering all 50 states, Puerto Rico,
and the U.S. Virgin Islands one-hundred percent of the time, unless it
is not technically possible, consistent with the coverage requirements
for 2 GHz MSS GSO operators.
* * * * *
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3. Section 25.201 is amended by revising the definition of ``Ancillary
terrestrial component'' to read as follows:
Sec. 25.201 Definitions.
* * * * *
Ancillary terrestrial component. The term ``ancillary terrestrial
component'' means a terrestrial communications network used in
conjunction with a qualifying satellite network system authorized
pursuant to these rules and the conditions established in the Orders
issued in IB Docket No. 01-185, Flexibility for Delivery of
Communications by Mobile Satellite Service Providers in the 2 GHz Band,
the L-Band, and the 1.6/2.4 GHz Band.
* * * * *
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4. Section 25.216 is amended by revising paragraph (i) to read as
follows:
Sec. 25.216 Limits on emissions from mobile earth stations for
protection of aeronautical radionavigation-satellite service.
* * * * *
(i) The e.i.r.p density of carrier-off state emissions from mobile
earth stations manufactured more than six months after Federal Register
publication of the rule changes adopted in FCC 03-283 with assigned
uplink frequencies between 1 and 3 GHz shall not exceed -80 dBW/MHz in
the 1559-1610 MHz band averaged over any two millisecond interval.
* * * * *
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5. Section 25.252 is amended by revising paragraphs (a)(7) and (b)(3)
to read as follows:
Sec. 25.252 Special requirements for ancillary terrestrial components
operating in the 2000-2020 MHz/2180-2200 MHz bands.
(a) * * *
(7) Generate EIRP density, averaged over any two millisecond active
transmission interval, greater than -70 dBW/MHz in the 1559-1610 MHz
band. The EIRP, measured over any two millisecond active transmission
interval, of discrete out-of-band emissions of less than 700 Hz
bandwidth from such base stations, shall not exceed -80 dBW in the
1559-1610 MHz band. A root-mean-square detector function with a
resolution bandwidth of one megahertz or equivalent and no less video
bandwidth shall be used to measure wideband EIRP density for purposes
of this rule, and narrowband EIRP shall be measured with a root-mean-
square detector function with a resolution bandwidth of one kilohertz
or equivalent.
* * * * *
(b) * * *
(3) Not generate EIRP density, averaged over any two-millisecond
active transmission interval, greater than -70 dBW/MHz in the 1559-1610
MHz band. The EIRP, measured over any two-millisecond active
transmission interval, of discrete out-of-band emissions of less than
700 Hz bandwidth from such mobile terminals shall not exceed -80 dBW in
the 1559-1610 MHz band. The EIRP density of carrier-off-state emissions
from such mobile terminals shall not exceed -80 dBW/MHz in the 1559-
1610 MHz band, averaged over a two-millisecond interval. A root-mean-
square detector
[[Page 19319]]
function with a resolution bandwidth of one megahertz or equivalent and
no less video bandwidth shall be used to measure wideband EIRP density
for purposes of this rule, and narrowband EIRP shall be measured with a
root-mean-square detector function with a resolution bandwidth of one
kilohertz or equivalent.
* * * * *
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6. Section 25.253 is revised to read as follows:
Sec. 25.253 Special requirements for ancillary terrestrial components
operating in the 1626.5-1660.5 MHz/1525-1559 MHz bands.
(a) An ancillary terrestrial component in these bands shall:
(1) In any band segment coordinated for the exclusive use of an MSS
applicant within the land area of the U.S., where there is no other L-
Band MSS satellite making use of that band segment within the visible
portion of the geostationary arc as seen from the ATC coverage area,
the ATC system will be limited by the in-band and out-of-band emission
limitations contained in this section and the requirement to maintain a
substantial MSS service.
(2) In any band segment that is coordinated for the shared use of
the applicant's MSS system and another MSS operator, where the
coordination agreement existed prior to February 10, 2005 and permits a
level of interference to the other MSS system of less than 6% [Delta]T/
T, the applicant's combined ATC and MSS operations shall increase the
system noise level of the other MSS to no more then 6% [Delta]T/T. Any
future coordination agreement between the parties governing ATC
operation will supersede this paragraph.
(3) In any band segment that is coordinated for the shared use of
the applicant's MSS system and another MSS operator, where a
coordination agreement existed prior to February 10, 2005 and permits a
level of interference to the other MSS system of 6% [Delta]T/T or
greater, the applicant's ATC operations may increase the system noise
level of the other MSS system by no more than an additional 1%
[Delta]T/T. Any future coordination agreement between the parties
governing ATC operations will supersede this paragraph.
(4) In a band segment in which the applicant has no rights under a
coordination agreement, the applicant may not implement ATC in that
band.
(b) ATC base stations shall not exceed an out-of-channel emissions
measurement of -57.9 dBW/MHz at the edge of a MSS licensee's authorized
and internationally coordinated MSS frequency assignment.
(c) An applicant for an ancillary terrestrial component in these
bands shall:
(1) Demonstrate, at the time of application, how its ATC network
will comply with the requirements of footnotes US308 and US315 to the
table of frequency allocations contained in Sec. 2.106 of this chapter
regarding priority and preemptive access to the L-band MSS spectrum by
the aeronautical mobile-satellite en-route service (AMS(R)S) and the
global maritime distress and safety system (GMDSS).
(2) Coordinate with the terrestrial CMRS operators prior to
initiating ATC transmissions when co-locating ATC base stations with
terrestrial commercial mobile radio service (CMRS) base stations that
make use of Global Positioning System (GPS) time-based receivers.
(3) Provide, at the time of application, calculations that
demonstrate the ATC system conforms to the [Delta]T/T requirements in
paragraphs (a)(2) and (a)(3) of this section, if a coordination
agreement that incorporates the ATC operations does not exist with
other MSS operators.
(d) Applicants for an ancillary terrestrial component in these
bands must demonstrate that ATC base stations shall not:
(1) Exceed a peak EIRP of 31.9-10*log (number of carriers) dBW/
200kHz, per sector, for each carrier in the 1525-1541.5 MHz and 1547.5-
1559 MHz frequency bands;
(2) Exceed an EIRP in any direction toward the physical horizon
(not to include man-made structures) of 26.9-10*log (number of
carriers) dBW/200 kHz, per sector, for each carrier in the 1525-1541.5
MHz and 1547.5-1559 MHz frequency bands;
(3) Exceed a peak EIRP of 23.9 -10*log(number of carriers) dBW/200
kHz, per sector, for each carrier in the 1541.5-1547.5 MHz frequency
band;
(4) Exceed an EIRP toward the physical horizon (not to include man-
made structures) of 18.9--10*log(number of carriers) dBW/200 kHz, per
sector, for each carrier in the 1541.5-1547.5 MHz frequency band;
(5) Exceed a total power flux density level of -56.8 dBW/
m2/200 kHz at the edge of all airport runways and aircraft
stand areas, including takeoff and landing paths from all carriers
operating in the 1525-1559 MHz frequency bands. The total power flux
density here is the sum of all power flux density values associated
with all carriers in a sector in the 1525-1559 MHz frequency band,
expressed in dB(Watts/m2/200 kHz). Free-space loss must be
assumed if this requirement is demonstrated via calculation;
(6) Exceed a total power flux density level of -56.6 dBW/
m2/200 kHz at the water's edge of any navigable waterway
from all carriers operating in the 1525-1541.5 MHz and 1547.5-1559 MHz
frequency bands. The total power flux density here is the sum of all
power flux density values associated with all carriers in a sector in
the 1525-1541.5 MHz and 1547.5-1559 MHz frequency bands, expressed in
dB(Watts/m2/200 kHz). Free-space loss must be assumed if
this requirement is demonstrated via calculation;
(7) Exceed a total power flux density level of -64.6 dBW/
m2/200 kHz at the water's edge of any navigable waterway
from all carriers operating in the 1541.5-1547.5 MHz frequency band.
The total power flux density here is the sum of all power flux density
values associated with all carriers in a sector in the 1541.5-1547.5
MHz frequency band, expressed in dB(Watts/m2/200 kHz). Free-
space loss must be assumed if this requirement is demonstrated via
calculation;
(8) Exceed a peak antenna gain of 16 dBi;
(9) Generate EIRP density, averaged over any two-millisecond active
transmission interval, greater than -70 dBW/MHz in the 1559-1605 MHz
band or greater than a level determined by linear interpolation in the
1605-1610 MHz band, from -70 dBW/MHz at 1605 MHz to -46 dBW/MHz at 1610
MHz. The EIRP, averaged over any two-millisecond active transmission
interval, of discrete out-of-band emissions of less than 700 Hz
bandwidth from such base stations shall not exceed -80 dBW in the 1559-
1605 MHz band or exceed a level determined by linear interpolation in
the 1605-1610 MHz band, from -80 dBW at 1605 MHz to -56 dBW at 1610
MHz. A root-mean-square detector function with a resolution bandwidth
of one megahertz or equivalent and no less video bandwidth shall be
used to measure wideband EIRP density for purposes of this rule, and
narrowband EIRP shall be measured with a root-mean-square detector
function with a resolution bandwidth of one kilohertz or equivalent.
(e) Applicants for an ancillary terrestrial component in these
bands must demonstrate, at the time of the application, that ATC base
stations shall use left-hand-circular polarization antennas with a
maximum gain of 16 dBi and overhead gain suppression according to the
following:
[[Page 19320]]
------------------------------------------------------------------------
Angle from direction of maximum
gain, in vertical plane, above Antenna discrimination pattern (dB)
antenna (degrees)
------------------------------------------------------------------------
0................................ Gmax
5................................ Not to Exceed Gmax -5
10............................... Not to Exceed Gmax -19
15 to 55......................... Not to Exceed Gmax -27
55 to 145........................ Not to Exceed Gmax -30
145 to 180....................... Not to Exceed Gmax -26
------------------------------------------------------------------------
Where: Gmax is the maximum gain of the base station antenna in dBi.
(f) Prior to operation, ancillary terrestrial component licensees
shall:
(1) Provide the Commission with sufficient information to complete
coordination of ATC base stations with Search-and-Rescue Satellite-
Aided Tracking (SARSAT) earth stations operating in the 1544-1545 MHz
band for any ATC base station located either within 27 km of a SARSAT
station, or within radio horizon of the SARSAT station, whichever is
less.
(2) Take all practicable steps to avoid locating ATC base stations
within radio line of sight of Mobile Aeronautical Telemetry (MAT)
receive sites in order to protect U.S. MAT systems consistent with ITU-
R Recommendation ITU-R M.1459. MSS ATC base stations located within
radio line of sight of a MAT receiver must be coordinated with the
Aerospace and Flight Test Radio Coordinating Council (AFTRCC) for non-
Government MAT receivers on a case-by-case basis prior to operation.
For government MAT receivers, the MSS licensee shall supply sufficient
information to the Commission to allow coordination to take place. A
listing of current and planned MAT receiver sites can be obtained from
AFTRCC for non-Government sites and through the FCC's IRAC Liaison for
Government MAT receiver sites.
(g) ATC mobile terminals shall:
(1) Be limited to a peak EIRP level of 0 dBW and an out-of-channel
emissions of -67 dBW/4 kHz at the edge of an MSS licensee's authorized
and internationally coordinated MSS frequency assignment.
(2) Be operated in a fashion that takes all practicable steps to
avoid causing interference to U.S. radio astronomy service (RAS)
observations in the 1660-1660.5 MHz band.
(3) Not generate EIRP density, averaged over any two-millisecond
active transmission interval, greater than -70 dBW/MHz in the 1559-1605
MHz band or greater than a level determined by linear interpolation in
the 1605-1610 MHz band, from -70 dBW/MHz at 1605 MHz to -46 dBW/MHz at
1610 MHz. The EIRP, averaged over any two-millisecond active
transmission interval, of discrete out-of-band emissions of less than
700 Hz bandwidth from such mobile terminals shall not exceed -80 dBW in
the 1559-1605 MHz band or exceed a level determined by linear
interpolation in the 1605-1610 MHz band, from -80 dBW at 1605 MHz to -
56 dBW at 1610 MHz. The EIRP density of carrier-off-state emissions
from such mobile terminals shall not exceed -80 dBW/MHz in the 1559-
1610 MHz band, averaged over a two-millisecond interval. A root-mean-
square detector function with a resolution bandwidth of one megahertz
or equivalent and no less video bandwidth shall be used to measure
wideband EIRP density for purposes of this rule, and narrowband EIRP
shall be measured with a root-mean-square detector function with a
resolution bandwidth of one kilohertz or equivalent.
(h) When implementing multiple base stations and/or base stations
using multiple carriers, where any third-order intermodulation product
of these base stations falls on an L-band MSS band coordinated for use
by another MSS operator with rights to the coordinated band, the MSS
ATC licensee must notify the MSS operator. The MSS operator may request
coordination to modify the base station carrier frequencies, or to
reduce the maximum base station EIRP on the frequencies contributing to
the third-order intermodulation products. The threshold for this
notification and coordination is when the sum of the calculated signal
levels received by an MSS receiver exceeds -70 dBm. The MSS receiver
used in these calculations can be assumed to have an antenna with 0 dBi
gain. Free-space propagation between the base station antennas and the
MSS terminals can be assumed and actual signal polarizations for the
ATC signals and the MSS system may be used.
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7. Section 25.254 is amended by revising paragraphs (a)(4) and (b)(4)
as follows:
Sec. 25.254 Special requirements for ancillary terrestrial components
operating in the 1610-1626.5 MHz/2483.5-2500 MHz bands.
(a) * * *
(4) Base stations operating in frequencies above 2483.5 MHz shall
not generate EIRP density, averaged over any two-millisecond active
transmission interval, greater than -70 dBW/MHz in the 1559-1610 MHz
band. The EIRP, averaged over any two-millisecond active transmission
interval, of discrete out-of-band emissions of less than 700 Hz
bandwidth from such base stations shall not exceed -80 dBW in the 1559-
1610 MHz band. A root-mean-square detector function with a resolution
bandwidth of one megahertz or equivalent and no less video bandwidth
shall be used to measure wideband EIRP density for purposes of this
rule, and narrowband EIRP shall be measured with a root-mean-square
detector function with a resolution bandwidth of one kilohertz or
equivalent.
* * * * *
(b) * * *
(4) ATC mobile terminals operating in assigned frequencies in the
1610-1626.5 MHz band shall not generate EIRP density, averaged over any
two-millisecond active transmission interval, greater than -70 dBW/MHz
in the 1559-1605 MHz band or greater than a level determined by linear
interpolation in the 1605-1610 MHz band, from -70 dBW/MHz at 1605 MHz
to -10 dBW/MHz at 1610 MHz. The EIRP, averaged over any two-millisecond
active transmission interval, of discrete out-of-band emissions of less
than 700 Hz bandwidth from such mobile terminals shall not exceed -80
dBW in the 1559-1605 MHz band or exceed a level determined by linear
interpolation in the 1605-1610 MHz band, from -80 dBW at 1605 MHz to -
20 dBW at 1610 MHz. The EIRP density of carrier-off-state emissions
from such mobile terminals shall not exceed -80 dBW/MHz in the 1559-
1610 MHz band, averaged over a two-millisecond interval. A root-mean-
square detector function with a resolution bandwidth of one megahertz
or equivalent and no less video bandwidth shall be used to measure
wideband EIRP density for purposes of this rule, and narrowband EIRP
shall be measured with a root-mean-square detector function with a
[[Page 19321]]
resolution bandwidth of one kilohertz or equivalent.
* * * * *
[FR Doc. 05-7180 Filed 4-12-05; 8:45 am]
BILLING CODE 6712-01-P
