Amendment of the Commission's Rules To Allocate Spectrum and Adopt Service Rules and Procedures To Govern the Use of Vehicle-Mounted Earth Stations in Certain Frequency Bands Allocated to the Fixed-Satellite Service, 57092-57103 [E9-26215]
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TABLE 1—GENERAL SUPERFUND SECTION
Notes (a)
State
Site name
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NJ ..............................................
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Raritan Bay Slag .................................................
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Old Bridge Township/Sayreville.
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UT .............................................
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U.S. Magnesium .................................................
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Tooele County.
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VA .............................................
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Peck Iron and Metal ...........................................
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Portsmouth.
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City/county
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= Based on issuance of health advisory by Agency for Toxic Substance and Disease Registry (if scored, HRS score need not be ≤28.50).
C = Sites on construction completion list.
S = State top priority (included among the 100 top priority sites regardless of score).
P = Sites with partial deletion(s).
(a) A
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[FR Doc. E9–26539 Filed 11–3–09; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 2 and 25
[IB Docket No. 07–101; FCC 09–64]
Amendment of the Commission’s
Rules To Allocate Spectrum and Adopt
Service Rules and Procedures To
Govern the Use of Vehicle-Mounted
Earth Stations in Certain Frequency
Bands Allocated to the Fixed-Satellite
Service
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AGENCY: Federal Communications
Commission.
ACTION: Final rule.
SUMMARY: The Federal Communications
Commission amends its rules to allocate
spectrum and adopt service rules and
procedures to govern the use of VehicleMounted Earth Stations (VMES) in the
Ku-band. These allocation, technical
and licensing rules permit the domestic,
U.S. licensing of VMES as a primary
application of the Fixed-Satellite
Service (FSS) in the relevant
conventional and extended Ku-band
frequencies.
DATES: Effective December 4, 2009,
except for 47 CFR 25.132(b)(3),
25.226(a)(6), (b), (c), (d)(1), and (d)(3),
which contain information collection
requirements that have not been
approved by the Office of Management
and Budget (OMB) under the Paperwork
Reduction Act. The Federal
Communications Commission will
publish a document in the Federal
Register announcing the effective date
of these rules after it receives OMB
approval for the information collection
requirements.
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FOR FURTHER INFORMATION CONTACT:
Kathleen Collins or Howard Griboff,
Policy Division, International Bureau,
FCC, (202) 418–1460 or via the Internet
at: Kathleen.Collins@fcc.gov and
Howard.Griboff@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order in IB Docket No. 07–101, FCC
09–64, adopted July 30, 2009, and
released July 31, 2009. The full text of
the Report and Order is available for
inspection and copying during normal
business hours in the FCC Reference
Center, 445 12th Street, SW.,
Washington, DC 20554. The document
also is available for download over the
Internet at https://hraunfoss.fcc.gov/
edocs_public/attachmatch/FCC-0964A1.pdf. The complete text also may
be purchased from the Commission’s
copy contractor, Best Copy and Printing,
Inc. (BCPI), located in Room CY–B402,
445 12th Street, SW., Washington, DC
20554. Customers may contact BCPI at
its Web site: https://www.bcpiweb.com or
call 1–800–378–3160.
Paperwork Reduction Act of 1995
Analysis
The Report and Order contains rules
with new information collections
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13 (44
U.S.C. 3501–3520). Implementation of
these rules will be subject to approval
by OMB as prescribed by the PRA. The
Commission has published a separate
notice in the Federal Register inviting
OMB, the general public, and other
Federal agencies to comment on the
information collection requirements
contained in this document. See 74 FR
41902, August 19, 2009. In addition, the
Commission notes pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–298, see 44 U.S.C.
3506(c)(4), that the Commission
previously sought specific comment on
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how the Commission may ‘‘further
reduce the information collection
burden for small business concerns with
fewer than 25 employees.’’
Regulatory Flexibility Analysis
As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), the Notice of Proposed
Rulemaking (NPRM) in this proceeding,
Amendment of Parts 2 and 25 of the
Commission’s Rules to Allocate
Spectrum and Adopt Service Rules and
Procedures to Govern the Use of
Vehicle-Mounted Earth Stations in
Certain Frequency Bands Allocated to
the Fixed-Satellite Service, IB Docket
No. 07–101, adopted on May 9, 2007
and released on May 15, 2007, 72 FR
39357, July 18, 2007, incorporated an
Initial Regulatory Flexibility Analysis
(IRFA). The Commission sought written
public comment on the proposals in the
NPRM, including comment on the IRFA.
This Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA.
A. Need for, and Objectives of, the
Report and Order
The NPRM sought to promote
innovative and flexible use of satellite
technology to provide advanced
communications capabilities from
VMES that would operate as a licensed
application of the FSS in certain Kuband frequencies within the United
States. It sought comment and
developed a record on the capability of
VMES to meet the interference
avoidance requirements of the Ku-band
FSS.
The objective of the Report and Order
is to adopt domestic U.S. allocation,
service and licensing rules to permit the
licensing of VMES in the conventional
and extended Ku-band frequencies
where such systems will meet the
Commission’s two-degree satellite
spacing interference avoidance
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requirements of the Ku-band FSS. In
this regard, the ‘‘conventional’’ Ku-band
refers to frequencies in the 11.7–12.2
GHz (downlink) and 14.0–14.5 GHz
(uplink) bands and the covered
‘‘extended Ku-band’’ includes the
10.95–11.2 GHz and 11.45–11.7 GHz
(downlink) bands. The rules will permit
VMES to operate as a primary
application of the FSS in the
conventional bands. In the extended
band frequencies, VMES may be
authorized to communicate with
geostationary satellite orbit (GSO) FSS
space stations but must accept
interference from stations of the Fixed
Service (FS) operating in accordance
with the Commission’s rules. The rules
promote spectrum sharing with certain
secondary operations in the uplink
bands, including government space
research service and radio astronomy
service stations.
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B. Summary of Significant Issues Raised
by Public Comments in Response to the
IRFA
No parties filed comments that
separately or specifically addressed the
IRFA.
C. Description and Estimate of the
Number of Small Entities to Which
Rules Will Apply
The RFA, at 5 U.S.C. 604(a)(3), directs
agencies to provide a description of and,
where feasible, an estimate of the
number of small entities that may be
affected by the rules adopted herein.
The RFA, at 5 U.S.C. 601(6), generally
defines the term ‘‘small entity’’ as
having the same meaning as the terms
‘‘small business,’’ ‘‘small organization,’’
and ‘‘small governmental jurisdiction.’’
In addition, the term ‘‘small business’’
has the same meaning as the term
‘‘small business concern’’ under the
Small Business Act. A small business
concern is one that: (1) Is independently
owned and operated; (2) is not
dominant in its field of operation; and
(3) satisfies any additional criteria
established by the Small Business
Administration (SBA). See Small
Business Act, 15 U.S.C. 632 (1996).
Below, we further describe and estimate
the number of small entity licensees that
may be affected by the adopted rules.
Satellite Telecommunications and All
Other Telecommunications. These two
economic census categories address the
satellite industry. The first category has
a small business size standard of $15
million or less in average annual
receipts, under SBA rules (13 CFR
121.201, NAICS code 517410). The
second has a size standard of $25
million or less in annual receipts (13
CFR 121.201, NAICS code 517919). The
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most current Census Bureau data in this
context, however, are from the (last)
economic census of 2002, and we will
use those figures to gauge the
prevalence of small businesses in these
categories (13 CFR 121.201, NAICS
codes 517410 and 517910 (2002)).
The category of Satellite
Telecommunications ‘‘comprises
establishments primarily engaged in
providing telecommunications services
to other establishments in the
telecommunications and broadcasting
industries by forwarding and receiving
communications signals via a system of
satellites or reselling satellite
telecommunications’’ (U.S. Census
Bureau, 2007 NAICS Definitions,
‘‘517410 Satellite
Telecommunications’’; https://
www.census.gov/naics/2007/def/
ND517410.HTM ). For this category,
Census Bureau data for 2002 show that
there were a total of 371 firms that
operated for the entire year (U.S. Census
Bureau, 2002 Economic Census, Subject
Series: Information, ‘‘Establishment and
Firm Size (Including Legal Form of
Organization),’’ Table 4, NAICS code
517410 (issued Nov. 2005)). Of this
total, 307 firms had annual receipts of
under $10 million, 26 firms had receipts
of $10 million to $24,999,999, and an
additional 38 firms had annual receipts
of $25 million or more. Consequently,
we estimate that the majority of Satellite
Telecommunications firms are small
entities that might be affected by our
action.
The second category of All Other
Telecommunications comprises, inter
alia, ‘‘establishments primarily engaged
in providing specialized
telecommunications services, such as
satellite tracking, communications
telemetry, and radar station operation.
This industry also includes
establishments primarily engaged in
providing satellite terminal stations and
associated facilities connected with one
or more terrestrial systems and capable
of transmitting telecommunications to,
and receiving telecommunications from,
satellite systems’’ (U.S. Census Bureau,
2007 NAICS Definitions, ‘‘517919 All
Other Telecommunications’’; https://
www.census.gov/naics/2007/def/
ND517919.HTM#N517919). For this
category, Census Bureau data for 2002
show that there were a total of 332 firms
that operated for the entire year (U.S.
Census Bureau, 2002 Economic Census,
Subject Series: Information,
‘‘Establishment and Firm Size
(Including Legal Form of
Organization),’’ Table 4, NAICS code
517910 (issued Nov. 2005)). Of this
total, 303 firms had annual receipts of
under $10 million, 15 firms had annual
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receipts of $10 million to $24,999,999,
and an additional 14 firms had annual
receipts of $25 million or more.
Consequently, we estimate that the
majority of All Other
Telecommunications firms are small
entities that might be affected by our
action.
Space Station Licensees
(Geostationary). Commission records
reveal that there are 20 space station
licensees and operators in the Ku-band.
We do not request or collect annual
revenue information concerning such
licensees and operators, and thus are
unable to estimate the number of
geostationary space station licensees
and operators that would constitute a
small business under the SBA definition
cited above, or apply any rules
providing special consideration for
geostationary space station licensees
and operators that are small businesses.
Fixed-Satellite Service Transmit/
Receive Earth Stations. Currently there
are approximately 2,879 operational
fixed-satellite service transmit/receive
earth stations authorized for use in the
Ku-band. The Commission does not
request or collect annual revenue
information, and thus is unable to
estimate the number of earth stations
that would constitute a small business
under the SBA definition.
D. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
The NPRM sought comment on
whether to extend the current rules for
Earth Stations on Vessels (ESVs)—an
existing mobile application of the FSS—
to VMES, a new mobile application of
the FSS. The ESV rules, and the VMES
rules adopted in the Report and Order,
require satellite telecommunications
operators to establish a database for
tracking the location of VMES remote
earth stations. This database will assist
investigations of radio frequency
interference claims. Application of the
ESV rules to VMES requires VMES
operators to name a point of contact to
maintain information about location and
frequencies used by VMES terminals.
Such information will assist in
investigating radio frequency
interference claims. The Commission
does not expect significant costs
associated with these proposals.
Therefore, we do not anticipate that the
burden of compliance will be greater for
smaller entities.
E. Steps Taken To Minimize Significant
Economic Impact on Small Entities, and
Significant Alternatives Considered
The RFA requires that, to the extent
consistent with the objectives of
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applicable statutes, the analysis shall
discuss significant alternatives such as:
(1) The establishment of differing
compliance or reporting requirements or
timetables that take into account the
resources available to small entities; (2)
the clarification, consolidation, or
simplification of compliance and
reporting requirements under the rule
for small entities; (3) the use of
performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities (5 U.S.C. 603(c)(1),
(c)(4)).
The NPRM solicited comment on
alternatives for more efficient
processing of VMES applications and
simplification of VMES procedures, for
example, by migrating from nonconforming use licensing to a licensing
method that would provide for licenses
with terms of fifteen years. The NPRM
also sought comment on streamlining
the application process for VMES
operations by permitting blanket
licensing of multiple VMES terminals in
a single application, as an alternative to
requiring all VMES terminals to be
licensed individually. In adopting
blanket licensing with fifteen-year terms
for conforming VMES terminals, the
Report and Order simplifies the
application process for VMES and
establishes licensing terms consistent
with other satellite-based services, such
as ESV. Thus, adoption of the rules
should reduce the costs associated with
obtaining and maintaining authority to
operate a VMES network.
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
None.
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G. Report to Congress
The Commission will send a copy of
the Report and Order, including this
FRFA, in a report to be sent to Congress
pursuant to the Congressional Review
Act. In addition, the Commission will
send a copy of the Report and Order,
including this FRFA, to the Chief
Counsel for Advocacy of the SBA. A
copy of the Report and Order and FRFA
(or summaries thereof) also will be
published in the Federal Register (See
5 U.S.C. 604(b)).
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Summary of Report and Order
The Commission, in the Report and
Order, adopts new VMES rules and
concludes that the rules will promote
innovative and flexible use of satellite
technology while ensuring that VMES
operations will avoid interfering with
existing and future FSS operators and
their customers. The part 25 rules define
VMES as an earth station operating from
a motorized vehicle that travels
primarily on land, receives from and
transmits to GSO FSS space stations,
and operates within the United States
pursuant to the requirements set out in
part 25 of the rules. The part 25 rules
require VMES licensees to coordinate
their proposed operations with Federal
Space Research Service and Radio
Astronomy Service stations in,
respectively, the 14.0–14.2 GHz and
14.47–14.5 GHz bands, and they adopt
VMES off-axis density mask, antenna
pointing, and other technical and
licensing rules. The part 2 rules adopt
two new non-Federal footnotes to the
U.S. Table of Frequency Allocations: (1)
In the conventional Ku-bands (14.0–14.5
GHz and 11.7–12.2 GHz), VMES as
regulated under a revised part 25 of
Commission’s rules is an application of
the FSS and licensees may be
authorized to communicate with space
stations of the FSS on a primary basis;
and (2) in the relevant extended Kubands (10.95–11.2 GHz and 11.45–11.7
GHz), VMES licensees must accept
interference from stations in the FS
operating in accordance with
Commission rules.
Ordering Clauses
Accordingly, it is ordered that,
pursuant to the authority contained in
sections 4(i), 4(j), 7(a), 302(a), 303(c),
303(e), 303(f), 303(g), 303(j), 303(r), and
303(y) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i),
154(j), 157(a), 302(a), 303(c), 303(e),
303(f), 303(g), 303(j), 303(r), 303(y), this
Report and Order in IB Docket No. 07–
101 is adopted, effective December 4,
2009.
It is further ordered that parts 2 and
25 of the Commission’s rules are
amended as set forth in Appendix B. An
announcement of the effective date of
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these rule revisions will be published in
the Federal Register.
It is further ordered that the final
regulatory flexibility analysis, as
required by section 604 of the
Regulatory Flexibility Act, is adopted.
It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center shall send a copy of
this Report and Order, including the
final regulatory flexibility analysis, to
the Chief Counsel for Advocacy of the
Small Business Administration, in
accordance with section 603(a) of the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq.
It is further ordered that the
Commission shall send a copy of this
Report and Order in a report to be sent
to Congress and the General
Accountability Office pursuant to the
Congressional Review Act, 5 U.S.C.
801(a)(1)(A).
List of Subjects in 47 CFR Parts 2 and
25
Radio, Satellites,
Telecommunications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR parts 2 and
25 as follows:
■
PART 2—FREQUENCY ALLOCATIONS
AND RADIO TREATY MATTERS;
GENERAL RULES AND REGULATIONS
1. The authority citation for part 2
continues to read as follows:
■
Authority: 47 U.S.C. 154, 302a, 303, and
336, unless otherwise noted.
2. Section 2.106 is amended as
follows:
■ a. Revise pages 45, 46, and 47.
■ b. Add footnotes NG186 and NG187 to
the list of Non-Federal Government
(NG) Footnotes.
■
§ 2.106
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Table of Frequency Allocations.
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Non-Federal Government (NG)
Footnotes
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NG186 In the bands 10.95–11.2 GHz
and 11.45–11.7 GHz (space-to-Earth),
Vehicle-Mounted Earth Stations (VMES)
as regulated under 47 CFR part 25 may
be authorized to communicate with
geostationary satellite orbit space
stations of the fixed-satellite service but
must accept interference from stations
of the fixed service operating in
accordance with the Commission’s
rules.
NG187 In the bands 11.7–12.2 GHz
(space-to-Earth) and 14.0–14.5 GHz
(Earth-to-space), Vehicle-Mounted Earth
Stations (VMES) as regulated under 47
CFR part 25 are an application of the
fixed-satellite service and may be
authorized to communicate with
geostationary satellite orbit space
stations of the fixed-satellite service on
a primary basis.
*
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PART 25—SATELLITE
COMMUNICATIONS
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
amended, 47 U.S.C. Sections 154, 301, 302,
303, 307, 309 and 332, unless otherwise
noted.
4. Section 25.115 is amended by
revising paragraph (a)(2)(iii) to read as
follows:
■
§ 25.115 Application for earth station
authorizations.
(a) * * *
(2) * * *
(iii) The earth station is not an ESV or
a VMES.
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5. Section 25.130 is amended by
revising paragraph (a) to read as follows:
■
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§ 25.130 Filing requirements for
transmitting earth stations.
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6. Section 25.132 is amended by
revising paragraph (b)(3) to read as
follows:
■
§ 25.132 Verification of earth station
antenna performance standards.
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(b) * * *
(3) Applicants seeking authority to
use an antenna that does not meet the
standards set forth in §§ 25.209(a) and
(b), pursuant to the procedure set forth
in § 25.220, § 25.221, § 25.222, § 25.223
or § 25.226, are required to submit a
copy of the manufacturer’s range test
plots of the antenna gain patterns
specified in paragraph (b)(1) of this
section.
*
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*
7. Section 25.201 is amended by
adding the following definition in
alphabetical order to read as follows:
■
§ 25.201
Definitions.
*
*
*
*
*
Vehicle-mounted earth station
(VMES). A VMES is an earth station,
operating from a motorized vehicle that
travels primarily on land, that receives
from and transmits to geostationary
satellite orbit fixed-satellite service
space stations and operates within the
United States pursuant to the
requirements set out § 25.226.
8. Section 25.202 is amended by
adding paragraph (a)(10) to read as
follows:
■
§ 25.202 Frequencies, frequency tolerance
and emission limitations.
*
(a) Applications for a new or modified
transmitting earth station facility shall
be submitted on FCC Form 312, and
associated Schedule B, accompanied by
any required exhibits, except for those
earth station applications filed on FCC
Form 312EZ pursuant to § 25.115(a). All
such earth station license applications
must be filed electronically through the
International Bureau Filing System
(IBFS) in accordance with the
applicable provisions of part 1, subpart
Y of this chapter. Additional filing
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requirements for Earth Stations on
Vessels are described in §§ 25.221 and
25.222. Additional filing requirements
for Vehicle-Mounted Earth Stations are
described in § 25.226. In addition,
applicants not required to submit
applications on Form 312EZ, other than
ESV or VMES applicants, must submit
the following information to be used as
an ‘‘informative’’ in the public notice
issued under § 25.151 as an attachment
to their application:
*
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(a) * * *
(10)(i) The following frequencies are
available for use by Vehicle-Mounted
Earth Stations (VMESs):
10.95–11.2GHz (space-to-Earth)
11.45–11.7GHz (space-to-Earth)
11.7–12.2GHz (space-to-Earth)
14.0–14.5GHz (Earth-to-space)
(ii) VMESs shall be authorized as set
forth in § 25.226.
*
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9. Section 25.203 is amended by
revising the introductory text in
■
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paragraph (c) and by revising
paragraphs (d) and (k) to read as
follows:
§ 25.203
Choice of sites and frequencies.
*
*
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*
(c) Prior to the filing of its application,
an applicant for operation of an earth
station, other than an ESV or a VMES,
shall coordinate the proposed frequency
usage with existing terrestrial users and
with applicants for terrestrial station
authorizations with previously filed
applications in accordance with the
following procedure:
*
*
*
*
*
(d) An applicant for operation of an
earth station, other than an ESV or a
VMES, shall also ascertain whether the
great circle coordination distance
contours and rain scatter coordination
distance contours, computed for those
values of parameters indicated in
§ 25.251 (Appendix 7 of the ITU RR) for
international coordination, cross the
boundaries of another Administration.
In this case, the applicant shall furnish
the Commission copies of these
contours on maps drawn to appropriate
scale for use by the Commission in
effecting coordination of the proposed
earth station with the Administration(s)
affected.
*
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*
(k) An applicant for operation of an
earth station, other than an ESV or a
VMES, that will operate with a
geostationary satellite or nongeostationary satellite in a shared
frequency band in which the nongeostationary system is (or is proposed
to be) licensed for feeder links, shall
demonstrate in its applications that its
proposed earth station will not cause
unacceptable interference to any other
satellite network that is authorized to
operate in the same frequency band, or
certify that the operations of its earth
station shall conform to established
coordination agreements between the
operator(s) of the space station(s) with
which the earth station is to
communicate and the operator(s) of any
other space station licensed to use the
band.
*
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10. Section 25.204 is amended by
adding paragraph (j) to read as follows:
■
§ 25.204
Power limits.
*
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*
(j) Within 125 km of the Tracking and
Data Relay System Satellite (TDRSS)
sites identified in § 25.226(c), VMES
transmissions in the 14.0–14.2 GHz
(Earth-to-space) band shall not exceed
an EIRP spectral density towards the
horizon of 12.5 dBW/MHz, and shall not
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exceed an EIRP towards the horizon of
16.3 dBW.
11. Section 25.205 is amended by
adding paragraph (c) to read as follows:
■
§ 25.205 Minimum angle of antenna
elevation.
*
*
*
*
*
(c) VMESs making a special showing
requesting angles of elevation less than
5° measured from the horizontal plane
to the direction of maximum radiation
pursuant to (a) of this section must still
meet the EIRP and EIRP density towards
the horizon limits contained in
§ 25.204(j).
12. Section 25.209 is amended by
revising paragraph (f) to read as follows:
■
§ 25.209
Antenna performance standards.
*
*
*
*
*
(f) An earth station with an antenna
not conforming to the standards of
paragraphs (a) and (b) of this section
will be authorized only if the applicant
meets its burden of demonstrating that
its antenna will not cause unacceptable
interference. For ESVs in the C-band,
this demonstration must comply with
the procedures set forth in § 25.221. For
ESVs in the Ku-band, this
demonstration must comply with the
procedures set forth in § 25.222. For
VMES, this demonstration shall comply
with the procedures set forth in
§ 25.226. For feeder-link earth stations
in the 17/24 GHz BSS, this
demonstration must comply with the
procedures set forth in § 25.223. For
other FSS earth stations, this
demonstration must comply with the
procedures set forth in §§ 25.218 or
25.220. In any case, the Commission
will impose appropriate terms and
conditions in its authorization of such
facilities and operations.
*
*
*
*
*
13. Section 25.218 is amended by
revising paragraph (a)(1) to read as
follows:
■
§ 25.218 Off-axis EIRP envelope for FSS
earth station operations.
(a)* * *
(1) ESV and VMES applications,
*
*
*
*
*
14. Section 25.220 is amended by
revising paragraph (a)(1) to read as
follows:
WReier-Aviles on DSKGBLS3C1PROD with RULES
■
§ 25.220 Non-conforming transmit/receive
earth station operations.
(a)(1) This section applies to earth
station applications other than ESV,
VMES and 17/24 GHz BSS feeder link
applications in which the proposed
earth station operations do not fall
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within the applicable off-axis EIRP
envelope specified in § 25.218.
*
*
*
*
*
■
15. Add § 25.226 to read as follows:
§ 25.226 Blanket licensing provisions for
domestic, U.S. Vehicle-Mounted Earth
Stations (VMESs) receiving in the 10.95–
11.2 GHz (space-to-Earth), 11.45–11.7 GHz
(space-to-Earth), and 11.7–12.2 GHz (spaceto-Earth) frequency bands and transmitting
in the 14.0–14.5 GHz (Earth-to-space)
frequency band, operating with
Geostationary Satellites in the FixedSatellite Service.
(a) The following ongoing
requirements govern all VMES licensees
and operations in the 10.95–11.2 GHz
(space-to-Earth), 11.45–11.7 GHz (spaceto-Earth), 11.7–12.2 GHz (space-toEarth) and 14.0–14.5 GHz (Earth-tospace) frequency bands receiving from
and transmitting to geostationary orbit
satellites in the fixed-satellite service.
VMES licensees shall comply with the
requirements in either paragraph (a)(1),
(a)(2) or (a)(3) of this section and all of
the requirements set forth in paragraphs
(a)(4) through (a)(9) and paragraphs (c),
(d), and (e) of this section. Paragraph (b)
of this section identifies items that shall
be included in the application for VMES
operations to demonstrate that these
ongoing requirements will be met.
(1) The following requirements shall
apply to a VMES that uses transmitters
with off-axis EIRP spectral-densities
lower than or equal to the levels in
paragraph (a)(1)(i) of this section. A
VMES, or VMES system, operating
under this section shall provide a
detailed demonstration as described in
paragraph (b)(1) of this section. The
VMES transmitter also shall comply
with the antenna pointing and cessation
of emission requirements in paragraphs
(a)(1)(ii) and (a)(1)(iii) of this section.
(i) A VMES system shall not exceed
the off-axis EIRP spectral-density limits
and conditions defined in paragraphs
(a)(1)(i)(A) through (D) of this section.
(A) The off-axis EIRP spectral-density
emitted from the VMES, in the plane of
the geostationary satellite orbit (GSO) as
it appears at the particular earth station
location, shall not exceed the following
values:
15–10log(N)–25logq dBW/4kHz for 1.5°
≤ q ≤ 7°
¥6 ¥10log(N) dBW/4kHz for 7° < q ≤
9.2°
18 ¥10log(N)–25logq dBW/4kHz for
9.2° < q ≤ 48°
¥24 ¥10log(N) dBW/4kHz for 48° < q
≤ 85°
¥14 ¥10log(N) dBW/4kHz for 85° < q
≤ 180°
where theta (q) is the angle in degrees from
the line connecting the focal point of the
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antenna to the orbital location of the target
satellite, the plane of the GSO is determined
by the focal point of the antenna and the line
tangent to the arc of the GSO at the orbital
location of the target satellite. For VMES
networks using frequency division multiple
access (FDMA) or time division multiple
access (TDMA) techniques, N is equal to one.
For VMES networks using multiple cofrequency transmitters that have the same
EIRP, N is the maximum expected number of
co-frequency simultaneously transmitting
VMES earth stations in the same satellite
receiving beam. For the purpose of this
section, the peak EIRP of an individual
sidelobe shall not exceed the envelope
defined above for q between 1.5° and 7.0°.
For q greater than 7.0°, the envelope shall be
exceeded by no more than 10% of the
sidelobes, provided no individual sidelobe
exceeds the envelope given above by more
than 3 dB.
(B) In all directions other than along
the GSO, the off-axis EIRP spectraldensity for co-polarized signals emitted
from the VMES shall not exceed the
following values:
18¥10log(N)¥25logq dBW/4kHz for
3.0° ≤ q ≤ 48°
¥24¥10log(N) dBW/4kHz for 48° < q ≤
85°
¥14¥10log(N) dBW/4kHz for 85° < q ≤
180°
where q and N are defined in paragraph
(a)(1)(i)(A) of this section. This off-axis EIRP
spectral-density applies in any plane that
includes the line connecting the focal point
of the antenna to the orbital location of the
target satellite with the exception of the
plane of the GSO as defined in paragraph
(a)(1)(i)(A) of this section. For the purpose of
this subsection, the envelope shall be
exceeded by no more than 10% of the
sidelobes provided no individual sidelobe
exceeds the gain envelope given above by
more than 6 dB. The region of the main
reflector spillover energy is to be interpreted
as a single lobe and shall not exceed the
envelope by more than 6 dB.
(C) In all directions, the off-axis EIRP
spectral-density for cross-polarized
signals emitted from the VMES shall not
exceed the following values:
5¥10log(N)¥25logq dBW/4kHz for 1.8°
≤ q ≤ 7.0°
¥16¥10log(N) dBW/4kHz for 7.0° < q
≤ 9.2°
where q and N are defined as set forth in
paragraph (a)(1)(i)(A) of this section. This
EIRP spectral-density applies in any plane
that includes the line connecting the focal
point of the antenna to the target satellite.
(D) For non-circular VMES antennas,
the major axis of the antenna shall be
aligned with the tangent to the arc of the
GSO at the orbital location of the target
satellite, to the extent required to meet
the specified off-axis EIRP spectraldensity criteria.
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(ii) Each VMES transmitter shall meet
one of the following antenna pointing
requirements:
(A) Each VMES transmitter shall
maintain a pointing error of less than or
equal to 0.2° between the orbital
location of the target satellite and the
axis of the main lobe of the VMES
antenna, or
(B) Each VMES transmitter shall
declare a maximum antenna pointing
error that may be greater than 0.2°
provided that the VMES does not
exceed the off-axis EIRP spectral-density
limits in paragraph (a)(1)(i) of this
section, taking into account the antenna
pointing error.
(iii) Each VMES transmitter shall meet
one of the following cessation of
emission requirements:
(A) For VMESs operating under
paragraph (a)(1)(ii)(A) of this section, all
emissions from the VMES shall
automatically cease within 100
milliseconds if the angle between the
orbital location of the target satellite and
the axis of the main lobe of the VMES
antenna exceeds 0.5°, and transmission
shall not resume until such angle is less
than or equal to 0.2°, or
(B) For VMES transmitters operating
under paragraph (a)(1)(ii)(B) of this
section, all emissions from the VMES
shall automatically cease within 100
milliseconds if the angle between the
orbital location of the target satellite and
the axis of the main lobe of the VMES
antenna exceeds the declared maximum
antenna pointing error and shall not
resume transmissions until such angle is
less than or equal to the declared
maximum antenna pointing error.
(2) The following requirements shall
apply to a VMES that uses off-axis EIRP
spectral-densities in excess of the levels
in paragraph (a)(1)(i) of this section. A
VMES, or VMES system, operating
under this subsection shall file
certifications and provide a detailed
demonstration as described in
paragraph (b)(2) of this section.
(i) The VMES shall transmit only to
the target satellite system(s) referred to
in the certifications required by
paragraph (b)(2) of this section.
(ii) If a good faith agreement cannot be
reached between the target satellite
operator and the operator of a future
satellite that is located within 6 degrees
longitude of the target satellite, the
VMES operator shall accept the powerdensity levels that would accommodate
that adjacent satellite.
(iii) The VMES shall operate in
accordance with the off-axis EIRP
spectral-densities that the VMES
supplied to the target satellite operator
in order to obtain the certifications
listed in paragraph (b)(2) of this section.
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The VMES shall automatically cease
emissions within 100 milliseconds if the
VMES transmitter exceeds the off-axis
EIRP spectral-densities supplied to the
target satellite operator.
(3) The following requirements shall
apply to a VMES system that uses
variable power-density control of
individual simultaneously transmitting
co-frequency VMES earth stations in the
same satellite receiving beam. A VMES
system operating under this subsection
shall file certifications and provide a
detailed demonstration as described in
paragraph (b)(3) of this section.
(i) Except as defined under paragraph
(a)(3)(ii) of this section, the effective
aggregate EIRP-density from all
terminals shall be at least 1 dB below
the off-axis EIRP-density limits defined
in paragraphs (a)(1)(i)(A) through (C) of
this section. In this context the term
‘‘effective’’ means that the resultant copolarized and cross-polarized EIRPdensity experienced by any GSO or nonGSO satellite shall not exceed that
produced by a single VMES transmitter
operating 1 dB below the limits defined
in paragraphs (a)(1)(i)(A) through (C) of
this section. A VMES system operating
under this section shall file
certifications and provide a detailed
demonstration as described in
paragraphs (b)(3)(i) and (b)(3)(iii) of this
section.
(ii) The following requirements shall
apply to a VMES that uses off-axis EIRP
spectral-densities in excess of the levels
in paragraph (a)(3)(i) of this section. A
VMES system operating under this
section shall file certifications and
provide a detailed demonstration as
described in paragraphs (b)(3)(ii) and
(b)(3)(iii) of this section.
(A) If a good faith agreement cannot
be reached between the target satellite
operator and the operator of a future
satellite that is located within 6 degrees
longitude of the target satellite, the
VMES shall operate at an EIRP-density
defined in paragraph (a)(3)(i) of this
section.
(B) The VMES shall operate in
accordance with the off-axis EIRP
spectral-densities that the VMES
supplied to the target satellite operator
in order to obtain the certifications
listed in paragraph (b)(3)(ii) of this
section. The individual VMES terminals
shall automatically cease emissions
within 100 milliseconds if the VMES
transmitter exceeds the off-axis EIRP
spectral-densities supplied to the target
satellite operator. The overall system
shall be capable of shutting off an
individual transmitter or the entire
system if the aggregate off-axis EIRP
spectral-densities exceed those supplied
to the target satellite operator.
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(C) The VMES shall transmit only to
the target satellite system(s) referred to
in the certifications required by
paragraph (b)(3) of this section.
(iii) The VMES shall file a report one
year following license issuance detailing
the effective aggregate EIRP-density
levels resulting from its operation, in
compliance with paragraph (b)(3)(iii) of
this section.
(4) An applicant filing to operate a
VMES terminal or system and planning
to use a contention protocol shall certify
that its contention protocol use will be
reasonable.
(5) There shall be a point of contact
in the United States, with phone
number and address, available 24 hours
a day, seven days a week, with authority
and ability to cease all emissions from
the VMESs.
(6) For each VMES transmitter, a
record of the vehicle location (i.e.,
latitude/longitude), transmit frequency,
channel bandwidth and satellite used
shall be time annotated and maintained
for a period of not less than one (1) year.
Records shall be recorded at time
intervals no greater than every five (5)
minutes while the VMES is
transmitting. The VMES operator shall
make this data available upon request to
a coordinator, fixed system operator,
fixed-satellite system operator, NTIA, or
the Commission within 24 hours of the
request.
(7) In the 10.95–11.2 GHz (space-toEarth) and 11.45–11.7 GHz (space-toEarth) frequency bands VMESs shall not
claim protection from interference from
any authorized terrestrial stations to
which frequencies are either already
assigned, or may be assigned in the
future.
(8) A VMES terminal receiving in the
10.95–11.2 GHz (space-to-Earth), 11.45–
11.7 GHz (space-to-Earth) and 11.7–12.2
GHz (space-to-Earth) bands shall receive
protection from interference caused by
space stations other than the target
space station only to the degree to
which harmful interference would not
be expected to be caused to an earth
station employing an antenna
conforming to the referenced patterns
defined in § 25.209(a) and (b) and
stationary at the location at which any
interference occurred.
(9) Each VMES terminal shall
automatically cease transmitting within
100 milliseconds upon loss of reception
of the satellite downlink signal.
(b) Applications for VMES operation
in the 14.0–14.5 GHz (Earth-to-space)
band to GSO satellites in the fixedsatellite service shall include, in
addition to the particulars of operation
identified on Form 312, and associated
Schedule B, the applicable technical
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demonstrations in paragraphs (b)(1),
(b)(2) or (b)(3) of this section and the
documentation identified in paragraphs
(b)(4) through (b)(8) of this section.
(1) A VMES applicant proposing to
implement a transmitter under
paragraph (a)(1) of this section shall
demonstrate that the transmitter meets
the off-axis EIRP spectral-density limits
contained in paragraph (a)(1)(i) of this
section. To provide this demonstration,
the application shall include the tables
described in paragraph (b)(1)(i) of this
section or the certification described in
paragraph (b)(1)(ii) of this section. The
VMES applicant also shall provide the
value N described in paragraph
(a)(1)(i)(A) of this section. A VMES
applicant proposing to implement a
transmitter under paragraph (a)(1)(ii)(A)
of this section shall provide the
certifications identified in paragraph
(b)(1)(iii) of this section. A VMES
applicant proposing to implement a
transmitter under paragraph (a)(1)(ii)(B)
of this section shall provide the
demonstrations identified in paragraph
(b)(1)(iv) of this section.
(i) Any VMES applicant filing an
application pursuant to paragraph (a)(1)
of this section shall file three tables
showing the off-axis EIRP level of the
proposed earth station antenna in the
direction of the plane of the GSO; the
co-polarized EIRP in the elevation
plane, that is, the plane perpendicular
to the plane of the GSO; and cross
polarized EIRP. Each table shall provide
the EIRP level at increments of 0.1° for
angles between 0° and 10° off-axis, and
at increments of 5° for angles between
10° and 180° off-axis.
(A) For purposes of the off-axis EIRP
table in the plane of the GSO, the offaxis angle is the angle in degrees from
the line connecting the focal point of the
antenna to the orbital location of the
target satellite, and the plane of the GSO
is determined by the focal point of the
antenna and the line tangent to the arc
of the GSO at the orbital position of the
target satellite.
(B) For purposes of the off-axis copolarized EIRP table in the elevation
plane, the off-axis angle is the angle in
degrees from the line connecting the
focal point of the antenna to the orbital
location of the target satellite, and the
elevation plane is defined as the plane
perpendicular to the plane of the GSO
defined in paragraph (b)(1)(i)(A) of this
section.
(C) For purposes of the crosspolarized EIRP table, the off-axis angle
is the angle in degrees from the line
connecting the focal point of the
antenna to the orbital location of the
target satellite and the plane of the GSO
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as defined in paragraph (b)(1)(i)(A) of
this section will be used.
(ii) A VMES applicant shall include a
certification, in Schedule B, that the
VMES antenna conforms to the gain
pattern criteria of § 25.209(a) and (b),
that, combined with the maximum
input power density calculated from the
EIRP density less the antenna gain,
which is entered in Schedule B,
demonstrates that the off-axis EIRP
spectral density envelope set forth in
paragraphs (a)(1)(i)(A) through
(a)(1)(i)(C) of this section will be met
under the assumption that the antenna
is pointed at the target satellite.
(iii) A VMES applicant proposing to
implement a transmitter under
paragraph (a)(1)(ii)(A) of this section
shall provide a certification from the
equipment manufacturer stating that the
antenna tracking system will maintain a
pointing error of less than or equal to
0.2° between the orbital location of the
target satellite and the axis of the main
lobe of the VMES antenna and that the
antenna tracking system is capable of
ceasing emissions within 100
milliseconds if the angle between the
orbital location of the target satellite and
the axis of the main lobe of the VMES
antenna exceeds 0.5°.
(iv) A VMES applicant proposing to
implement a transmitter under
paragraph (a)(1)(ii)(B) of this section
shall:
(A) Declare, in its application, a
maximum antenna pointing error and
demonstrate that the maximum antenna
pointing error can be achieved without
exceeding the off-axis EIRP spectraldensity limits in paragraph (a)(1)(i) of
this section; and
(B) Demonstrate that the VMES
transmitter can detect if the transmitter
exceeds the declared maximum antenna
pointing error and can cease
transmission within 100 milliseconds if
the angle between the orbital location of
the target satellite and the axis of the
main lobe of the VMES antenna exceeds
the declared maximum antenna
pointing error, and will not resume
transmissions until the angle between
the orbital location of the target satellite
and the axis of the main lobe of the
VMES antenna is less than or equal to
the declared maximum antenna
pointing error.
(2) A VMES applicant proposing to
implement a transmitter under
paragraph (a)(2) of this section and
using off-axis EIRP spectral-densities in
excess of the levels in paragraph (a)(1)(i)
of this section shall provide the
following certifications and
demonstration as exhibits to its earth
station application:
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(i) A statement from the target satellite
operator certifying that the proposed
operation of the VMES has the potential
to create harmful interference to satellite
networks adjacent to the target
satellite(s) that may be unacceptable.
(ii) A statement from the target
satellite operator certifying that the
power density levels that the VMES
applicant provided to the target satellite
operator are consistent with the existing
coordination agreements between its
satellite(s) and the adjacent satellite
systems within 6° of orbital separation
from its satellite(s).
(iii) A statement from the target
satellite operator certifying that it will
include the power-density levels of the
VMES applicant in all future
coordination agreements.
(iv) A demonstration from the VMES
operator that the VMES system is
capable of detecting and automatically
ceasing emissions within 100
milliseconds when the transmitter
exceeds the off-axis EIRP spectraldensities supplied to the target satellite
operator.
(3) A VMES applicant proposing to
implement VMES system under
paragraph (a)(3) of this section and
using variable power-density control of
individual simultaneously transmitting
co-frequency VMES earth stations in the
same satellite receiving beam shall
provide the following certifications and
demonstration as exhibits to its earth
station application:
(i) The applicant shall make a detailed
showing of the measures it intends to
employ to maintain the effective
aggregate EIRP-density from all
simultaneously transmitting cofrequency terminals operating with the
same satellite transponder at least 1 dB
below the EIRP-density limits defined in
paragraphs (a)(1)(i)(A) through (C) of
this section. In this context the term
‘‘effective’’ means that the resultant copolarized and cross-polarized EIRPdensity experienced by any GSO or nonGSO satellite shall not exceed that
produced by a single VMES transmitter
operating at 1 dB below the limits
defined in paragraphs (a)(1)(i)(A)
through (C) of this section. The
International Bureau will place this
showing on public notice along with the
application.
(ii) An applicant proposing to
implement a VMES under paragraph
(a)(3)(ii) of this section that uses off-axis
EIRP spectral-densities in excess of the
levels in paragraph (a)(3)(i) of this
section shall provide the following
certifications, demonstration and list of
satellites as exhibits to its earth station
application:
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(A) A detailed showing of the
measures the applicant intends to
employ to maintain the effective
aggregate EIRP-density from all
simultaneously transmitting cofrequency terminals operating with the
same satellite transponder at the EIRPdensity limits supplied to the target
satellite operator. The International
Bureau will place this showing on
public notice along with the
application.
(B) A statement from the target
satellite operator certifying that the
proposed operation of the VMES has the
potential to create harmful interference
to satellite networks adjacent to the
target satellite(s) that may be
unacceptable.
(C) A statement from the target
satellite operator certifying that the
aggregate power density levels that the
VMES applicant provided to the target
satellite operator are consistent with the
existing coordination agreements
between its satellite(s) and the adjacent
satellite systems within 6° of orbital
separation from its satellite(s).
(D) A statement from the target
satellite operator certifying that it will
include the aggregate power-density
levels of the VMES applicant in all
future coordination agreements.
(E) A demonstration from the VMES
operator that the VMES system is
capable of detecting and automatically
ceasing emissions within 100
milliseconds when an individual
transmitter exceeds the off-axis EIRP
spectral-densities supplied to the target
satellite operator and that the overall
system is capable of shutting off an
individual transmitter or the entire
system if the aggregate off-axis EIRP
spectral-densities exceed those supplied
to the target satellite operator.
(F) An identification of the specific
satellite or satellites with which the
VMES system will operate.
(iii) The applicant shall acknowledge
that it will maintain sufficient statistical
and technical information on the
individual terminals and overall system
operation to file a detailed report, one
year after license issuance, describing
the effective aggregate EIRP-density
levels resulting from the operation of
the VMES system.
(4) There shall be an exhibit included
with the application describing the
geographic area(s) in which the VMESs
will operate.
(5) Any VMES applicant filing for a
VMES terminal or system and planning
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to use a contention protocol shall
include in its application a certification
that will comply with the requirements
of paragraph (a)(4) of this section.
(6) The point of contact referred to in
paragraph (a)(5) of this section shall be
included in the application.
(7) Any VMES applicant filing for a
VMES terminal or system shall include
in its application a certification that will
comply with the requirements of
paragraph (a)(6) of this section.
(8) All VMES applicants shall submit
a radio frequency hazard analysis
determining via calculation, simulation,
or field measurement whether VMES
terminals, or classes of terminals, will
produce power densities that will
exceed the Commission’s radio
frequency exposure criteria. VMES
applicants with VMES terminals that
will exceed the guidelines in § 1.1310 of
this chapter for radio frequency
radiation exposure shall provide, with
their environmental assessment, a plan
for mitigation of radiation exposure to
the extent required to meet those
guidelines. All VMES licensees shall
ensure installation of VMES terminals
on vehicles by qualified installers who
have an understanding of the antenna’s
radiation environment and the measures
best suited to maximize protection of
the general public and persons
operating the vehicle and equipment. A
VMES terminal exhibiting radiation
exposure levels exceeding 1.0 mW/cm 2
in accessible areas, such as at the
exterior surface of the radome, shall
have a label attached to the surface of
the terminal warning about the radiation
hazard and shall include thereon a
diagram showing the regions around the
terminal where the radiation levels
could exceed 1.0 mW/cm 2. All VMES
licensees shall ensure that a VMES
terminal ceases transmission upon
encountering an obstruction that
degrades the VMES downlink signal.
(c)(1) Operations of VMESs in the
14.0–14.2 GHz (Earth-to-space)
frequency band within 125 km of the
NASA TDRSS facilities on Guam
(latitude 13°36′55″ N, longitude
144°51′22″ E) or White Sands, New
Mexico (latitude 32°20′59″ N, longitude
106°36′31″ W and latitude 32°32′40″ N,
longitude 106°36′48″ W) are subject to
coordination with the National
Aeronautics and Space Administration
(NASA) through the National
Telecommunications and Information
Administration (NTIA) Interdepartment
Radio Advisory Committee (IRAC).
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Sfmt 4700
Licensees shall notify the International
Bureau once they have completed
coordination. Upon receipt of such
notification from a licensee, the
International Bureau will issue a public
notice stating that the licensee may
commence operations within the
coordination zone in 30 days if no party
has opposed the operations.
(2) When NTIA seeks to provide
similar protection to future TDRSS sites
that have been coordinated through the
IRAC Frequency Assignment
Subcommittee process, NTIA will notify
the Commission’s International Bureau
that the site is nearing operational
status. Upon public notice from the
International Bureau, all Ku-band VMES
licensees shall cease operations in the
14.0–14.2 GHz band within 125 km of
the new TDRSS site until the licensees
complete coordination with NTIA/IRAC
for the new TDRSS facility. Licensees
shall notify the International Bureau
once they have completed coordination
for the new TDRSS site. Upon receipt of
such notification from a licensee, the
International Bureau will issue a public
notice stating that the licensee may
commence operations within the
coordination zone in 30 days if no party
has opposed the operations. The VMES
licensee then will be permitted to
commence operations in the 14.0–14.2
GHz band within 125 km of the new
TDRSS site, subject to any operational
constraints developed in the
coordination process.
(d)(1) Operations of VMESs in the
14.47–14.5 GHz (Earth-to-space)
frequency band in the vicinity of radio
astronomy service (RAS) observatories
observing in the 14.47–14.5 GHz band
are subject to coordination with the
National Science Foundation (NSF). The
appropriate NSF contact point to initiate
coordination is Electromagnetic
Spectrum Manager, NSF, 4201 Wilson
Blvd., Suite 1045, Arlington VA 22203,
fax 703–292–9034, e-mail esm@nsf.gov.
Licensees shall notify the International
Bureau once they have completed
coordination. Upon receipt of the
coordination agreement from a licensee,
the International Bureau will issue a
public notice stating that the licensee
may commence operations within the
coordination zone in 30 days if no party
has opposed the operations.
(2) Table 1 provides a list of each
applicable RAS site, its location, and the
applicable coordination zone.
E:\FR\FM\04NOR1.SGM
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Federal Register / Vol. 74, No. 212 / Wednesday, November 4, 2009 / Rules and Regulations
57103
TABLE 1—APPLICABLE RADIO ASTRONOMY SERVICE (RAS) FACILITIES AND ASSOCIATED COORDINATION DISTANCES
Latitude
(north)
Observatory
Arecibo, Observatory, Arecibo, PR ........................................................................
Green Bank, WV .....................................................................................................
Very Large Array, near Socorro, NM .....................................................................
Pisgah Astronomical Research Institute, Rosman, NC ..........................................
U of Michigan Radio Astronomy Observatory, Stinchfield Woods, MI ...................
Very Long Baseline Array (VLBA) stations:
Owens Valley, CA ...........................................................................................
Mauna Kea, HI ................................................................................................
Brewster, WA ...................................................................................................
Kitt Peak, AZ ...................................................................................................
Pie Town, NM ..................................................................................................
Los Alamos, NM ..............................................................................................
Fort Davis, TX .................................................................................................
North Liberty, IA ..............................................................................................
Hancock, NH ...................................................................................................
St. Croix, VI .....................................................................................................
Longitude
(west)
Radius (km) of coordination
zone
18°20′37″
38°25′59″
34°04′44″
35°11′59″
42°23′56″
66°45′11″
79°50′23″
107°37′06″
82°52′19″
83°56′11″
Island of Puerto Rico.
160.
160.
160.
160.
37°13′54″
19°48′05″
48°07′52″
31°57′23″
34°18′04″
35°46′30″
30°38′06″
41°46′17″
42°56′01″
17°45′24″
118°16′37″
155°27′20″
119°41′00″
111°36′45″
108°07′09″
106°14′44″
103°56′41″
91°34′27″
71°59′12″
64°35′01″
160*.
50.
WReier-Aviles on DSKGBLS3C1PROD with RULES
* Owens Valley, CA operates both a VLBA station and single-dish telescopes.
(3) When NTIA seeks to provide
similar protection to future RAS sites
that have been coordinated through the
IRAC Frequency Assignment
Subcommittee process, NTIA will notify
the Commission’s International Bureau
that the site is nearing operational
status. Upon public notice from the
International Bureau, all Ku-band VMES
licensees shall cease operations in the
14.47–14.5 GHz band within the
relevant geographic zone (160 kms for
single-dish radio observatories and Very
Large Array antenna systems and 50
kms for Very Long Baseline Array
antenna systems) of the new RAS site
until the licensees complete
coordination for the new RAS facility.
Licensees shall notify the International
Bureau once they have completed
coordination for the new RAS site and
shall submit the coordination agreement
to the Commission. Upon receipt of
such notification from a licensee, the
International Bureau will issue a public
notice stating that the licensee may
commence operations within the
coordination zone in 30 days if no party
opposed the operations. The VMES
licensee then will be permitted to
commence operations in the 14.47–14.5
GHz band within the relevant
coordination distance around the new
RAS site, subject to any operational
constraints developed in the
coordination process.
(e) VMES licensees shall use Global
Positioning Satellite-related or other
similar position location technology to
ensure compliance with paragraphs (c)
and (d) of this section.
[FR Doc. E9–26215 Filed 11–3–09; 8:45 am]
BILLING CODE 6712–01–P
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15:16 Nov 03, 2009
Jkt 220001
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 09–2281; MB Docket No. 08–62]
FM Table of Allotment; Crandon, WI
AGENCY: Federal Communications
Commission.
ACTION: Final rule.
SUMMARY: The Audio Division, on its
own motion, substitutes Channel 276A
for vacant Channel 276C3 at Crandon,
Wisconsin to enable Station WGLX–FM
to increase it current service area and
eliminate the substandard spacing to the
Crandon, Wisconsin allotment. A staff
engineering analysis indicates that
Channel 276A can be allotted to
Crandon consistent with the minimum
distance separation requirements of the
Commission’s rules at reference
coordinates 45–34–18 NL and 88–53–54
WL.
DATES: Effective December 7, 2009.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Rolanda F. Smith, Media Bureau, (202)
418–2180.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order, MB Docket No. 08–62,
adopted October 21, 2009, and released
October 23, 2009. The full text of this
Commission document 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.
The complete text of this decision
may also be purchased from the
Commission’s copy contractor, Best
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
Copy and Printing, Inc., 445 12th Street,
SW, Room CY–B402, Washington, DC
20554, 800–378–3160 or via the
company’s Web site, https://
www.bcpiweb.com.
This document does not contain
information collection requirements
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. In addition,
therefore, it does not contain any
information collection burden ‘‘for
small business concerns with fewer than
25 employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
Provisions of the Regulatory
Flexibility Act of 1980 does not apply
to this proceeding.
Pursuant to §§ 1.415 and 1.419 of the
Commission’s rules, 47 CFR 1.415,
1.419, interested parties may file
comments and reply comments on or
before the dates indicated on the first
page of this document. Comment may
be filed using: (1) the Commission’s
Electronic Comment Filing System
(ECFS), (2) the Federal Government’s
eRulemaking Portal, or (3) by filing
paper copies. See Electronic Filing of
Documents in Rulemaking Proceedings,
63 FR 24121 (1988).
Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://www.fcc.gov/
cgb/ecfs/ or the Federal eRulemaking
Portal: https://www.regulations.gov. For
submitting comments, filers should
follow the instructions provided on the
Web site.
For ECFS filer, if multiple docket or
rulemaking numbers appear in the
caption of this proceeding, filer must
transmit one electronic copy of the
comments for each docket or
rulemaking number referenced in the
E:\FR\FM\04NOR1.SGM
04NOR1
]]>Agencies
[Federal Register Volume 74, Number 212 (Wednesday, November 4, 2009)]
[Rules and Regulations]
[Pages 57092-57103]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26215]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 25
[IB Docket No. 07-101; FCC 09-64]
Amendment of the Commission's Rules To Allocate Spectrum and
Adopt Service Rules and Procedures To Govern the Use of Vehicle-Mounted
Earth Stations in Certain Frequency Bands Allocated to the Fixed-
Satellite Service
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission amends its rules to
allocate spectrum and adopt service rules and procedures to govern the
use of Vehicle-Mounted Earth Stations (VMES) in the Ku-band. These
allocation, technical and licensing rules permit the domestic, U.S.
licensing of VMES as a primary application of the Fixed-Satellite
Service (FSS) in the relevant conventional and extended Ku-band
frequencies.
DATES: Effective December 4, 2009, except for 47 CFR 25.132(b)(3),
25.226(a)(6), (b), (c), (d)(1), and (d)(3), which contain information
collection requirements that have not been approved by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act. The
Federal Communications Commission will publish a document in the
Federal Register announcing the effective date of these rules after it
receives OMB approval for the information collection requirements.
FOR FURTHER INFORMATION CONTACT: Kathleen Collins or Howard Griboff,
Policy Division, International Bureau, FCC, (202) 418-1460 or via the
Internet at: Kathleen.Collins@fcc.gov and Howard.Griboff@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order in IB Docket No. 07-101, FCC 09-64, adopted July 30, 2009,
and released July 31, 2009. The full text of the Report and Order is
available for inspection and copying during normal business hours in
the FCC Reference Center, 445 12th Street, SW., Washington, DC 20554.
The document also is available for download over the Internet at https://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-64A1.pdf. The
complete text also may be purchased from the Commission's copy
contractor, Best Copy and Printing, Inc. (BCPI), located in Room CY-
B402, 445 12th Street, SW., Washington, DC 20554. Customers may contact
BCPI at its Web site: https://www.bcpiweb.com or call 1-800-378-3160.
Paperwork Reduction Act of 1995 Analysis
The Report and Order contains rules with new information
collections subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13 (44 U.S.C. 3501-3520). Implementation of these rules
will be subject to approval by OMB as prescribed by the PRA. The
Commission has published a separate notice in the Federal Register
inviting OMB, the general public, and other Federal agencies to comment
on the information collection requirements contained in this document.
See 74 FR 41902, August 19, 2009. In addition, the Commission notes
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law
107-298, see 44 U.S.C. 3506(c)(4), that the Commission previously
sought specific comment on how the Commission may ``further reduce the
information collection burden for small business concerns with fewer
than 25 employees.''
Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA), the Notice of Proposed Rulemaking (NPRM) in this proceeding,
Amendment of Parts 2 and 25 of the Commission's Rules to Allocate
Spectrum and Adopt Service Rules and Procedures to Govern the Use of
Vehicle-Mounted Earth Stations in Certain Frequency Bands Allocated to
the Fixed-Satellite Service, IB Docket No. 07-101, adopted on May 9,
2007 and released on May 15, 2007, 72 FR 39357, July 18, 2007,
incorporated an Initial Regulatory Flexibility Analysis (IRFA). The
Commission sought written public comment on the proposals in the NPRM,
including comment on the IRFA. This Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA.
A. Need for, and Objectives of, the Report and Order
The NPRM sought to promote innovative and flexible use of satellite
technology to provide advanced communications capabilities from VMES
that would operate as a licensed application of the FSS in certain Ku-
band frequencies within the United States. It sought comment and
developed a record on the capability of VMES to meet the interference
avoidance requirements of the Ku-band FSS.
The objective of the Report and Order is to adopt domestic U.S.
allocation, service and licensing rules to permit the licensing of VMES
in the conventional and extended Ku-band frequencies where such systems
will meet the Commission's two-degree satellite spacing interference
avoidance
[[Page 57093]]
requirements of the Ku-band FSS. In this regard, the ``conventional''
Ku-band refers to frequencies in the 11.7-12.2 GHz (downlink) and 14.0-
14.5 GHz (uplink) bands and the covered ``extended Ku-band'' includes
the 10.95-11.2 GHz and 11.45-11.7 GHz (downlink) bands. The rules will
permit VMES to operate as a primary application of the FSS in the
conventional bands. In the extended band frequencies, VMES may be
authorized to communicate with geostationary satellite orbit (GSO) FSS
space stations but must accept interference from stations of the Fixed
Service (FS) operating in accordance with the Commission's rules. The
rules promote spectrum sharing with certain secondary operations in the
uplink bands, including government space research service and radio
astronomy service stations.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
No parties filed comments that separately or specifically addressed
the IRFA.
C. Description and Estimate of the Number of Small Entities to Which
Rules Will Apply
The RFA, at 5 U.S.C. 604(a)(3), directs agencies to provide a
description of and, where feasible, an estimate of the number of small
entities that may be affected by the rules adopted herein. The RFA, at
5 U.S.C. 601(6), generally defines the term ``small entity'' as having
the same meaning as the terms ``small business,'' ``small
organization,'' and ``small governmental jurisdiction.'' In addition,
the term ``small business'' has the same meaning as the term ``small
business concern'' under the Small Business Act. A small business
concern is one that: (1) Is independently owned and operated; (2) is
not dominant in its field of operation; and (3) satisfies any
additional criteria established by the Small Business Administration
(SBA). See Small Business Act, 15 U.S.C. 632 (1996). Below, we further
describe and estimate the number of small entity licensees that may be
affected by the adopted rules.
Satellite Telecommunications and All Other Telecommunications.
These two economic census categories address the satellite industry.
The first category has a small business size standard of $15 million or
less in average annual receipts, under SBA rules (13 CFR 121.201, NAICS
code 517410). The second has a size standard of $25 million or less in
annual receipts (13 CFR 121.201, NAICS code 517919). The most current
Census Bureau data in this context, however, are from the (last)
economic census of 2002, and we will use those figures to gauge the
prevalence of small businesses in these categories (13 CFR 121.201,
NAICS codes 517410 and 517910 (2002)).
The category of Satellite Telecommunications ``comprises
establishments primarily engaged in providing telecommunications
services to other establishments in the telecommunications and
broadcasting industries by forwarding and receiving communications
signals via a system of satellites or reselling satellite
telecommunications'' (U.S. Census Bureau, 2007 NAICS Definitions,
``517410 Satellite Telecommunications''; https://www.census.gov/naics/2007/def/ND517410.HTM ). For this category, Census Bureau data for 2002
show that there were a total of 371 firms that operated for the entire
year (U.S. Census Bureau, 2002 Economic Census, Subject Series:
Information, ``Establishment and Firm Size (Including Legal Form of
Organization),'' Table 4, NAICS code 517410 (issued Nov. 2005)). Of
this total, 307 firms had annual receipts of under $10 million, 26
firms had receipts of $10 million to $24,999,999, and an additional 38
firms had annual receipts of $25 million or more. Consequently, we
estimate that the majority of Satellite Telecommunications firms are
small entities that might be affected by our action.
The second category of All Other Telecommunications comprises,
inter alia, ``establishments primarily engaged in providing specialized
telecommunications services, such as satellite tracking, communications
telemetry, and radar station operation. This industry also includes
establishments primarily engaged in providing satellite terminal
stations and associated facilities connected with one or more
terrestrial systems and capable of transmitting telecommunications to,
and receiving telecommunications from, satellite systems'' (U.S. Census
Bureau, 2007 NAICS Definitions, ``517919 All Other
Telecommunications''; https://www.census.gov/naics/2007/def/ND517919.HTM#N517919). For this category, Census Bureau data for 2002
show that there were a total of 332 firms that operated for the entire
year (U.S. Census Bureau, 2002 Economic Census, Subject Series:
Information, ``Establishment and Firm Size (Including Legal Form of
Organization),'' Table 4, NAICS code 517910 (issued Nov. 2005)). Of
this total, 303 firms had annual receipts of under $10 million, 15
firms had annual receipts of $10 million to $24,999,999, and an
additional 14 firms had annual receipts of $25 million or more.
Consequently, we estimate that the majority of All Other
Telecommunications firms are small entities that might be affected by
our action.
Space Station Licensees (Geostationary). Commission records reveal
that there are 20 space station licensees and operators in the Ku-band.
We do not request or collect annual revenue information concerning such
licensees and operators, and thus are unable to estimate the number of
geostationary space station licensees and operators that would
constitute a small business under the SBA definition cited above, or
apply any rules providing special consideration for geostationary space
station licensees and operators that are small businesses.
Fixed-Satellite Service Transmit/Receive Earth Stations. Currently
there are approximately 2,879 operational fixed-satellite service
transmit/receive earth stations authorized for use in the Ku-band. The
Commission does not request or collect annual revenue information, and
thus is unable to estimate the number of earth stations that would
constitute a small business under the SBA definition.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
The NPRM sought comment on whether to extend the current rules for
Earth Stations on Vessels (ESVs)--an existing mobile application of the
FSS--to VMES, a new mobile application of the FSS. The ESV rules, and
the VMES rules adopted in the Report and Order, require satellite
telecommunications operators to establish a database for tracking the
location of VMES remote earth stations. This database will assist
investigations of radio frequency interference claims. Application of
the ESV rules to VMES requires VMES operators to name a point of
contact to maintain information about location and frequencies used by
VMES terminals. Such information will assist in investigating radio
frequency interference claims. The Commission does not expect
significant costs associated with these proposals. Therefore, we do not
anticipate that the burden of compliance will be greater for smaller
entities.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
The RFA requires that, to the extent consistent with the objectives
of
[[Page 57094]]
applicable statutes, the analysis shall discuss significant
alternatives such as: (1) The establishment of differing compliance or
reporting requirements or timetables that take into account the
resources available to small entities; (2) the clarification,
consolidation, or simplification of compliance and reporting
requirements under the rule for small entities; (3) the use of
performance, rather than design, standards; and (4) an exemption from
coverage of the rule, or any part thereof, for small entities (5 U.S.C.
603(c)(1), (c)(4)).
The NPRM solicited comment on alternatives for more efficient
processing of VMES applications and simplification of VMES procedures,
for example, by migrating from non-conforming use licensing to a
licensing method that would provide for licenses with terms of fifteen
years. The NPRM also sought comment on streamlining the application
process for VMES operations by permitting blanket licensing of multiple
VMES terminals in a single application, as an alternative to requiring
all VMES terminals to be licensed individually. In adopting blanket
licensing with fifteen-year terms for conforming VMES terminals, the
Report and Order simplifies the application process for VMES and
establishes licensing terms consistent with other satellite-based
services, such as ESV. Thus, adoption of the rules should reduce the
costs associated with obtaining and maintaining authority to operate a
VMES network.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
None.
G. Report to Congress
The Commission will send a copy of the Report and Order, including
this FRFA, in a report to be sent to Congress pursuant to the
Congressional Review Act. In addition, the Commission will send a copy
of the Report and Order, including this FRFA, to the Chief Counsel for
Advocacy of the SBA. A copy of the Report and Order and FRFA (or
summaries thereof) also will be published in the Federal Register (See
5 U.S.C. 604(b)).
Summary of Report and Order
The Commission, in the Report and Order, adopts new VMES rules and
concludes that the rules will promote innovative and flexible use of
satellite technology while ensuring that VMES operations will avoid
interfering with existing and future FSS operators and their customers.
The part 25 rules define VMES as an earth station operating from a
motorized vehicle that travels primarily on land, receives from and
transmits to GSO FSS space stations, and operates within the United
States pursuant to the requirements set out in part 25 of the rules.
The part 25 rules require VMES licensees to coordinate their proposed
operations with Federal Space Research Service and Radio Astronomy
Service stations in, respectively, the 14.0-14.2 GHz and 14.47-14.5 GHz
bands, and they adopt VMES off-axis density mask, antenna pointing, and
other technical and licensing rules. The part 2 rules adopt two new
non-Federal footnotes to the U.S. Table of Frequency Allocations: (1)
In the conventional Ku-bands (14.0-14.5 GHz and 11.7-12.2 GHz), VMES as
regulated under a revised part 25 of Commission's rules is an
application of the FSS and licensees may be authorized to communicate
with space stations of the FSS on a primary basis; and (2) in the
relevant extended Ku-bands (10.95-11.2 GHz and 11.45-11.7 GHz), VMES
licensees must accept interference from stations in the FS operating in
accordance with Commission rules.
Ordering Clauses
Accordingly, it is ordered that, pursuant to the authority
contained in sections 4(i), 4(j), 7(a), 302(a), 303(c), 303(e), 303(f),
303(g), 303(j), 303(r), and 303(y) of the Communications Act of 1934,
as amended, 47 U.S.C. 154(i), 154(j), 157(a), 302(a), 303(c), 303(e),
303(f), 303(g), 303(j), 303(r), 303(y), this Report and Order in IB
Docket No. 07-101 is adopted, effective December 4, 2009.
It is further ordered that parts 2 and 25 of the Commission's rules
are amended as set forth in Appendix B. An announcement of the
effective date of these rule revisions will be published in the Federal
Register.
It is further ordered that the final regulatory flexibility
analysis, as required by section 604 of the Regulatory Flexibility Act,
is adopted.
It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center shall send a
copy of this Report and Order, including the final regulatory
flexibility analysis, to the Chief Counsel for Advocacy of the Small
Business Administration, in accordance with section 603(a) of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
It is further ordered that the Commission shall send a copy of this
Report and Order in a report to be sent to Congress and the General
Accountability Office pursuant to the Congressional Review Act, 5
U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Parts 2 and 25
Radio, Satellites, Telecommunications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR parts 2 and 25 as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
2. Section 2.106 is amended as follows:
0
a. Revise pages 45, 46, and 47.
0
b. Add footnotes NG186 and NG187 to the list of Non-Federal Government
(NG) Footnotes.
Sec. 2.106 Table of Frequency Allocations.
* * * * *
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* * * * *
Non-Federal Government (NG) Footnotes
* * * * *
NG186 In the bands 10.95-11.2 GHz and 11.45-11.7 GHz (space-to-
Earth), Vehicle-Mounted Earth Stations (VMES) as regulated under 47 CFR
part 25 may be authorized to communicate with geostationary satellite
orbit space stations of the fixed-satellite service but must accept
interference from stations of the fixed service operating in accordance
with the Commission's rules.
NG187 In the bands 11.7-12.2 GHz (space-to-Earth) and 14.0-14.5 GHz
(Earth-to-space), Vehicle-Mounted Earth Stations (VMES) as regulated
under 47 CFR part 25 are an application of the fixed-satellite service
and may be authorized to communicate with geostationary satellite orbit
space stations of the fixed-satellite service on a primary basis.
* * * * *
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
amended, 47 U.S.C. Sections 154, 301, 302, 303, 307, 309 and 332,
unless otherwise noted.
0
4. Section 25.115 is amended by revising paragraph (a)(2)(iii) to read
as follows:
Sec. 25.115 Application for earth station authorizations.
(a) * * *
(2) * * *
(iii) The earth station is not an ESV or a VMES.
* * * * *
0
5. Section 25.130 is amended by revising paragraph (a) to read as
follows:
Sec. 25.130 Filing requirements for transmitting earth stations.
(a) Applications for a new or modified transmitting earth station
facility shall be submitted on FCC Form 312, and associated Schedule B,
accompanied by any required exhibits, except for those earth station
applications filed on FCC Form 312EZ pursuant to Sec. 25.115(a). All
such earth station license applications must be filed electronically
through the International Bureau Filing System (IBFS) in accordance
with the applicable provisions of part 1, subpart Y of this chapter.
Additional filing requirements for Earth Stations on Vessels are
described in Sec. Sec. 25.221 and 25.222. Additional filing
requirements for Vehicle-Mounted Earth Stations are described in Sec.
25.226. In addition, applicants not required to submit applications on
Form 312EZ, other than ESV or VMES applicants, must submit the
following information to be used as an ``informative'' in the public
notice issued under Sec. 25.151 as an attachment to their application:
* * * * *
0
6. Section 25.132 is amended by revising paragraph (b)(3) to read as
follows:
Sec. 25.132 Verification of earth station antenna performance
standards.
* * * * *
(b) * * *
(3) Applicants seeking authority to use an antenna that does not
meet the standards set forth in Sec. Sec. 25.209(a) and (b), pursuant
to the procedure set forth in Sec. 25.220, Sec. 25.221, Sec. 25.222,
Sec. 25.223 or Sec. 25.226, are required to submit a copy of the
manufacturer's range test plots of the antenna gain patterns specified
in paragraph (b)(1) of this section.
* * * * *
0
7. Section 25.201 is amended by adding the following definition in
alphabetical order to read as follows:
Sec. 25.201 Definitions.
* * * * *
Vehicle-mounted earth station (VMES). A VMES is an earth station,
operating from a motorized vehicle that travels primarily on land, that
receives from and transmits to geostationary satellite orbit fixed-
satellite service space stations and operates within the United States
pursuant to the requirements set out Sec. 25.226.
0
8. Section 25.202 is amended by adding paragraph (a)(10) to read as
follows:
Sec. 25.202 Frequencies, frequency tolerance and emission
limitations.
* * * * *
(a) * * *
(10)(i) The following frequencies are available for use by Vehicle-
Mounted Earth Stations (VMESs):
10.95-11.2GHz (space-to-Earth)
11.45-11.7GHz (space-to-Earth)
11.7-12.2GHz (space-to-Earth)
14.0-14.5GHz (Earth-to-space)
(ii) VMESs shall be authorized as set forth in Sec. 25.226.
* * * * *
0
9. Section 25.203 is amended by revising the introductory text in
paragraph (c) and by revising paragraphs (d) and (k) to read as
follows:
Sec. 25.203 Choice of sites and frequencies.
* * * * *
(c) Prior to the filing of its application, an applicant for
operation of an earth station, other than an ESV or a VMES, shall
coordinate the proposed frequency usage with existing terrestrial users
and with applicants for terrestrial station authorizations with
previously filed applications in accordance with the following
procedure:
* * * * *
(d) An applicant for operation of an earth station, other than an
ESV or a VMES, shall also ascertain whether the great circle
coordination distance contours and rain scatter coordination distance
contours, computed for those values of parameters indicated in Sec.
25.251 (Appendix 7 of the ITU RR) for international coordination, cross
the boundaries of another Administration. In this case, the applicant
shall furnish the Commission copies of these contours on maps drawn to
appropriate scale for use by the Commission in effecting coordination
of the proposed earth station with the Administration(s) affected.
* * * * *
(k) An applicant for operation of an earth station, other than an
ESV or a VMES, that will operate with a geostationary satellite or non-
geostationary satellite in a shared frequency band in which the non-
geostationary system is (or is proposed to be) licensed for feeder
links, shall demonstrate in its applications that its proposed earth
station will not cause unacceptable interference to any other satellite
network that is authorized to operate in the same frequency band, or
certify that the operations of its earth station shall conform to
established coordination agreements between the operator(s) of the
space station(s) with which the earth station is to communicate and the
operator(s) of any other space station licensed to use the band.
* * * * *
0
10. Section 25.204 is amended by adding paragraph (j) to read as
follows:
Sec. 25.204 Power limits.
* * * * *
(j) Within 125 km of the Tracking and Data Relay System Satellite
(TDRSS) sites identified in Sec. 25.226(c), VMES transmissions in the
14.0-14.2 GHz (Earth-to-space) band shall not exceed an EIRP spectral
density towards the horizon of 12.5 dBW/MHz, and shall not
[[Page 57099]]
exceed an EIRP towards the horizon of 16.3 dBW.
0
11. Section 25.205 is amended by adding paragraph (c) to read as
follows:
Sec. 25.205 Minimum angle of antenna elevation.
* * * * *
(c) VMESs making a special showing requesting angles of elevation
less than 5[deg] measured from the horizontal plane to the direction of
maximum radiation pursuant to (a) of this section must still meet the
EIRP and EIRP density towards the horizon limits contained in Sec.
25.204(j).
0
12. Section 25.209 is amended by revising paragraph (f) to read as
follows:
Sec. 25.209 Antenna performance standards.
* * * * *
(f) An earth station with an antenna not conforming to the
standards of paragraphs (a) and (b) of this section will be authorized
only if the applicant meets its burden of demonstrating that its
antenna will not cause unacceptable interference. For ESVs in the C-
band, this demonstration must comply with the procedures set forth in
Sec. 25.221. For ESVs in the Ku-band, this demonstration must comply
with the procedures set forth in Sec. 25.222. For VMES, this
demonstration shall comply with the procedures set forth in Sec.
25.226. For feeder-link earth stations in the 17/24 GHz BSS, this
demonstration must comply with the procedures set forth in Sec.
25.223. For other FSS earth stations, this demonstration must comply
with the procedures set forth in Sec. Sec. 25.218 or 25.220. In any
case, the Commission will impose appropriate terms and conditions in
its authorization of such facilities and operations.
* * * * *
0
13. Section 25.218 is amended by revising paragraph (a)(1) to read as
follows:
Sec. 25.218 Off-axis EIRP envelope for FSS earth station operations.
(a)* * *
(1) ESV and VMES applications,
* * * * *
0
14. Section 25.220 is amended by revising paragraph (a)(1) to read as
follows:
Sec. 25.220 Non-conforming transmit/receive earth station operations.
(a)(1) This section applies to earth station applications other
than ESV, VMES and 17/24 GHz BSS feeder link applications in which the
proposed earth station operations do not fall within the applicable
off-axis EIRP envelope specified in Sec. 25.218.
* * * * *
0
15. Add Sec. 25.226 to read as follows:
Sec. 25.226 Blanket licensing provisions for domestic, U.S. Vehicle-
Mounted Earth Stations (VMESs) receiving in the 10.95-11.2 GHz (space-
to-Earth), 11.45-11.7 GHz (space-to-Earth), and 11.7-12.2 GHz (space-
to-Earth) frequency bands and transmitting in the 14.0-14.5 GHz (Earth-
to-space) frequency band, operating with Geostationary Satellites in
the Fixed-Satellite Service.
(a) The following ongoing requirements govern all VMES licensees
and operations in the 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 GHz
(space-to-Earth), 11.7-12.2 GHz (space-to-Earth) and 14.0-14.5 GHz
(Earth-to-space) frequency bands receiving from and transmitting to
geostationary orbit satellites in the fixed-satellite service. VMES
licensees shall comply with the requirements in either paragraph
(a)(1), (a)(2) or (a)(3) of this section and all of the requirements
set forth in paragraphs (a)(4) through (a)(9) and paragraphs (c), (d),
and (e) of this section. Paragraph (b) of this section identifies items
that shall be included in the application for VMES operations to
demonstrate that these ongoing requirements will be met.
(1) The following requirements shall apply to a VMES that uses
transmitters with off-axis EIRP spectral-densities lower than or equal
to the levels in paragraph (a)(1)(i) of this section. A VMES, or VMES
system, operating under this section shall provide a detailed
demonstration as described in paragraph (b)(1) of this section. The
VMES transmitter also shall comply with the antenna pointing and
cessation of emission requirements in paragraphs (a)(1)(ii) and
(a)(1)(iii) of this section.
(i) A VMES system shall not exceed the off-axis EIRP spectral-
density limits and conditions defined in paragraphs (a)(1)(i)(A)
through (D) of this section.
(A) The off-axis EIRP spectral-density emitted from the VMES, in
the plane of the geostationary satellite orbit (GSO) as it appears at
the particular earth station location, shall not exceed the following
values:
15-10log(N)-25log[thetas] dBW/4kHz for 1.5[deg] <= [thetas] <= 7[deg]
-6 -10log(N) dBW/4kHz for 7[deg] < [thetas] <= 9.2[deg]
18 -10log(N)-25log[thetas] dBW/4kHz for 9.2[deg] < [thetas] <= 48[deg]
-24 -10log(N) dBW/4kHz for 48[deg] < [thetas] <= 85[deg]
-14 -10log(N) dBW/4kHz for 85[deg] < [thetas] <= 180[deg]
where theta ([thetas]) is the angle in degrees from the line
connecting the focal point of the antenna to the orbital location of
the target satellite, the plane of the GSO is determined by the
focal point of the antenna and the line tangent to the arc of the
GSO at the orbital location of the target satellite. For VMES
networks using frequency division multiple access (FDMA) or time
division multiple access (TDMA) techniques, N is equal to one. For
VMES networks using multiple co-frequency transmitters that have the
same EIRP, N is the maximum expected number of co-frequency
simultaneously transmitting VMES earth stations in the same
satellite receiving beam. For the purpose of this section, the peak
EIRP of an individual sidelobe shall not exceed the envelope defined
above for [thetas] between 1.5[deg] and 7.0[deg]. For [thetas]
greater than 7.0[deg], the envelope shall be exceeded by no more
than 10% of the sidelobes, provided no individual sidelobe exceeds
the envelope given above by more than 3 dB.
(B) In all directions other than along the GSO, the off-axis EIRP
spectral-density for co-polarized signals emitted from the VMES shall
not exceed the following values:
18-10log(N)-25log[thetas] dBW/4kHz for 3.0[deg] <= [thetas] <= 48[deg]
-24-10log(N) dBW/4kHz for 48[deg] < [thetas] <= 85[deg]
-14-10log(N) dBW/4kHz for 85[deg] < [thetas] <= 180[deg]
where [thetas] and N are defined in paragraph (a)(1)(i)(A) of this
section. This off-axis EIRP spectral-density applies in any plane
that includes the line connecting the focal point of the antenna to
the orbital location of the target satellite with the exception of
the plane of the GSO as defined in paragraph (a)(1)(i)(A) of this
section. For the purpose of this subsection, the envelope shall be
exceeded by no more than 10% of the sidelobes provided no individual
sidelobe exceeds the gain envelope given above by more than 6 dB.
The region of the main reflector spillover energy is to be
interpreted as a single lobe and shall not exceed the envelope by
more than 6 dB.
(C) In all directions, the off-axis EIRP spectral-density for
cross-polarized signals emitted from the VMES shall not exceed the
following values:
5-10log(N)-25log[thetas] dBW/4kHz for 1.8[deg] <= [thetas] <= 7.0[deg]
-16-10log(N) dBW/4kHz for 7.0[deg] < [thetas] <= 9.2[deg]
where [thetas] and N are defined as set forth in paragraph
(a)(1)(i)(A) of this section. This EIRP spectral-density applies in
any plane that includes the line connecting the focal point of the
antenna to the target satellite.
(D) For non-circular VMES antennas, the major axis of the antenna
shall be aligned with the tangent to the arc of the GSO at the orbital
location of the target satellite, to the extent required to meet the
specified off-axis EIRP spectral-density criteria.
[[Page 57100]]
(ii) Each VMES transmitter shall meet one of the following antenna
pointing requirements:
(A) Each VMES transmitter shall maintain a pointing error of less
than or equal to 0.2[deg] between the orbital location of the target
satellite and the axis of the main lobe of the VMES antenna, or
(B) Each VMES transmitter shall declare a maximum antenna pointing
error that may be greater than 0.2[deg] provided that the VMES does not
exceed the off-axis EIRP spectral-density limits in paragraph (a)(1)(i)
of this section, taking into account the antenna pointing error.
(iii) Each VMES transmitter shall meet one of the following
cessation of emission requirements:
(A) For VMESs operating under paragraph (a)(1)(ii)(A) of this
section, all emissions from the VMES shall automatically cease within
100 milliseconds if the angle between the orbital location of the
target satellite and the axis of the main lobe of the VMES antenna
exceeds 0.5[deg], and transmission shall not resume until such angle is
less than or equal to 0.2[deg], or
(B) For VMES transmitters operating under paragraph (a)(1)(ii)(B)
of this section, all emissions from the VMES shall automatically cease
within 100 milliseconds if the angle between the orbital location of
the target satellite and the axis of the main lobe of the VMES antenna
exceeds the declared maximum antenna pointing error and shall not
resume transmissions until such angle is less than or equal to the
declared maximum antenna pointing error.
(2) The following requirements shall apply to a VMES that uses off-
axis EIRP spectral-densities in excess of the levels in paragraph
(a)(1)(i) of this section. A VMES, or VMES system, operating under this
subsection shall file certifications and provide a detailed
demonstration as described in paragraph (b)(2) of this section.
(i) The VMES shall transmit only to the target satellite system(s)
referred to in the certifications required by paragraph (b)(2) of this
section.
(ii) If a good faith agreement cannot be reached between the target
satellite operator and the operator of a future satellite that is
located within 6 degrees longitude of the target satellite, the VMES
operator shall accept the power-density levels that would accommodate
that adjacent satellite.
(iii) The VMES shall operate in accordance with the off-axis EIRP
spectral-densities that the VMES supplied to the target satellite
operator in order to obtain the certifications listed in paragraph
(b)(2) of this section. The VMES shall automatically cease emissions
within 100 milliseconds if the VMES transmitter exceeds the off-axis
EIRP spectral-densities supplied to the target satellite operator.
(3) The following requirements shall apply to a VMES system that
uses variable power-density control of individual simultaneously
transmitting co-frequency VMES earth stations in the same satellite
receiving beam. A VMES system operating under this subsection shall
file certifications and provide a detailed demonstration as described
in paragraph (b)(3) of this section.
(i) Except as defined under paragraph (a)(3)(ii) of this section,
the effective aggregate EIRP-density from all terminals shall be at
least 1 dB below the off-axis EIRP-density limits defined in paragraphs
(a)(1)(i)(A) through (C) of this section. In this context the term
``effective'' means that the resultant co-polarized and cross-polarized
EIRP-density experienced by any GSO or non-GSO satellite shall not
exceed that produced by a single VMES transmitter operating 1 dB below
the limits defined in paragraphs (a)(1)(i)(A) through (C) of this
section. A VMES system operating under this section shall file
certifications and provide a detailed demonstration as described in
paragraphs (b)(3)(i) and (b)(3)(iii) of this section.
(ii) The following requirements shall apply to a VMES that uses
off-axis EIRP spectral-densities in excess of the levels in paragraph
(a)(3)(i) of this section. A VMES system operating under this section
shall file certifications and provide a detailed demonstration as
described in paragraphs (b)(3)(ii) and (b)(3)(iii) of this section.
(A) If a good faith agreement cannot be reached between the target
satellite operator and the operator of a future satellite that is
located within 6 degrees longitude of the target satellite, the VMES
shall operate at an EIRP-density defined in paragraph (a)(3)(i) of this
section.
(B) The VMES shall operate in accordance with the off-axis EIRP
spectral-densities that the VMES supplied to the target satellite
operator in order to obtain the certifications listed in paragraph
(b)(3)(ii) of this section. The individual VMES terminals shall
automatically cease emissions within 100 milliseconds if the VMES
transmitter exceeds the off-axis EIRP spectral-densities supplied to
the target satellite operator. The overall system shall be capable of
shutting off an individual transmitter or the entire system if the
aggregate off-axis EIRP spectral-densities exceed those supplied to the
target satellite operator.
(C) The VMES shall transmit only to the target satellite system(s)
referred to in the certifications required by paragraph (b)(3) of this
section.
(iii) The VMES shall file a report one year following license
issuance detailing the effective aggregate EIRP-density levels
resulting from its operation, in compliance with paragraph (b)(3)(iii)
of this section.
(4) An applicant filing to operate a VMES terminal or system and
planning to use a contention protocol shall certify that its contention
protocol use will be reasonable.
(5) There shall be a point of contact in the United States, with
phone number and address, available 24 hours a day, seven days a week,
with authority and ability to cease all emissions from the VMESs.
(6) For each VMES transmitter, a record of the vehicle location
(i.e., latitude/longitude), transmit frequency, channel bandwidth and
satellite used shall be time annotated and maintained for a period of
not less than one (1) year. Records shall be recorded at time intervals
no greater than every five (5) minutes while the VMES is transmitting.
The VMES operator shall make this data available upon request to a
coordinator, fixed system operator, fixed-satellite system operator,
NTIA, or the Commission within 24 hours of the request.
(7) In the 10.95-11.2 GHz (space-to-Earth) and 11.45-11.7 GHz
(space-to-Earth) frequency bands VMESs shall not claim protection from
interference from any authorized terrestrial stations to which
frequencies are either already assigned, or may be assigned in the
future.
(8) A VMES terminal receiving in the 10.95-11.2 GHz (space-to-
Earth), 11.45-11.7 GHz (space-to-Earth) and 11.7-12.2 GHz (space-to-
Earth) bands shall receive protection from interference caused by space
stations other than the target space station only to the degree to
which harmful interference would not be expected to be caused to an
earth station employing an antenna conforming to the referenced
patterns defined in Sec. 25.209(a) and (b) and stationary at the
location at which any interference occurred.
(9) Each VMES terminal shall automatically cease transmitting
within 100 milliseconds upon loss of reception of the satellite
downlink signal.
(b) Applications for VMES operation in the 14.0-14.5 GHz (Earth-to-
space) band to GSO satellites in the fixed-satellite service shall
include, in addition to the particulars of operation identified on Form
312, and associated Schedule B, the applicable technical
[[Page 57101]]
demonstrations in paragraphs (b)(1), (b)(2) or (b)(3) of this section
and the documentation identified in paragraphs (b)(4) through (b)(8) of
this section.
(1) A VMES applicant proposing to implement a transmitter under
paragraph (a)(1) of this section shall demonstrate that the transmitter
meets the off-axis EIRP spectral-density limits contained in paragraph
(a)(1)(i) of this section. To provide this demonstration, the
application shall include the tables described in paragraph (b)(1)(i)
of this section or the certification described in paragraph (b)(1)(ii)
of this section. The VMES applicant also shall provide the value N
described in paragraph (a)(1)(i)(A) of this section. A VMES applicant
proposing to implement a transmitter under paragraph (a)(1)(ii)(A) of
this section shall provide the certifications identified in paragraph
(b)(1)(iii) of this section. A VMES applicant proposing to implement a
transmitter under paragraph (a)(1)(ii)(B) of this section shall provide
the demonstrations identified in paragraph (b)(1)(iv) of this section.
(i) Any VMES applicant filing an application pursuant to paragraph
(a)(1) of this section shall file three tables showing the off-axis
EIRP level of the proposed earth station antenna in the direction of
the plane of the GSO; the co-polarized EIRP in the elevation plane,
that is, the plane perpendicular to the plane of the GSO; and cross
polarized EIRP. Each table shall provide the EIRP level at increments
of 0.1[deg] for angles between 0[deg] and 10[deg] off-axis, and at
increments of 5[deg] for angles between 10[deg] and 180[deg] off-axis.
(A) For purposes of the off-axis EIRP table in the plane of the
GSO, the off-axis angle is the angle in degrees from the line
connecting the focal point of the antenna to the orbital location of
the target satellite, and the plane of the GSO is determined by the
focal point of the antenna and the line tangent to the arc of the GSO
at the orbital position of the target satellite.
(B) For purposes of the off-axis co-polarized EIRP table in the
elevation plane, the off-axis angle is the angle in degrees from the
line connecting the focal point of the antenna to the orbital location
of the target satellite, and the elevation plane is defined as the
plane perpendicular to the plane of the GSO defined in paragraph
(b)(1)(i)(A) of this section.
(C) For purposes of the cross-polarized EIRP table, the off-axis
angle is the angle in degrees from the line connecting the focal point
of the antenna to the orbital location of the target satellite and the
plane of the GSO as defined in paragraph (b)(1)(i)(A) of this section
will be used.
(ii) A VMES applicant shall include a certification, in Schedule B,
that the VMES antenna conforms to the gain pattern criteria of Sec.
25.209(a) and (b), that, combined with the maximum input power density
calculated from the EIRP density less the antenna gain, which is
entered in Schedule B, demonstrates that the off-axis EIRP spectral
density envelope set forth in paragraphs (a)(1)(i)(A) through
(a)(1)(i)(C) of this section will be met under the assumption that the
antenna is pointed at the target satellite.
(iii) A VMES applicant proposing to implement a transmitter under
paragraph (a)(1)(ii)(A) of this section shall provide a certification
from the equipment manufacturer stating that the antenna tracking
system will maintain a pointing error of less than or equal to 0.2[deg]
between the orbital location of the target satellite and the axis of
the main lobe of the VMES antenna and that the antenna tracking system
is capable of ceasing emissions within 100 milliseconds if the angle
between the orbital location of the target satellite and the axis of
the main lobe of the VMES antenna exceeds 0.5[deg].
(iv) A VMES applicant proposing to implement a transmitter under
paragraph (a)(1)(ii)(B) of this section shall:
(A) Declare, in its application, a maximum antenna pointing error
and demonstrate that the maximum antenna pointing error can be achieved
without exceeding the off-axis EIRP spectral-density limits in
paragraph (a)(1)(i) of this section; and
(B) Demonstrate that the VMES transmitter can detect if the
transmitter exceeds the declared maximum antenna pointing error and can
cease transmission within 100 milliseconds if the angle between the
orbital location of the target satellite and the axis of the main lobe
of the VMES antenna exceeds the declared maximum antenna pointing
error, and will not resume transmissions until the angle between the
orbital location of the target satellite and the axis of the main lobe
of the VMES antenna is less than or equal to the declared maximum
antenna pointing error.
(2) A VMES applicant proposing to implement a transmitter under
paragraph (a)(2) of this section and using off-axis EIRP spectral-
densities in excess of the levels in paragraph (a)(1)(i) of this
section shall provide the following certifications and demonstration as
exhibits to its earth station application:
(i) A statement from the target satellite operator certifying that
the proposed operation of the VMES has the potential to create harmful
interference to satellite networks adjacent to the target satellite(s)
that may be unacceptable.
(ii) A statement from the target satellite operator certifying that
the power density levels that the VMES applicant provided to the target
satellite operator are consistent with the existing coordination
agreements between its satellite(s) and the adjacent satellite systems
within 6[deg] of orbital separation from its satellite(s).
(iii) A statement from the target satellite operator certifying
that it will include the power-density levels of the VMES applicant in
all future coordination agreements.
(iv) A demonstration from the VMES operator that the VMES system is
capable of detecting and automatically ceasing emissions within 100
milliseconds when the transmitter exceeds the off-axis EIRP spectral-
densities supplied to the target satellite operator.
(3) A VMES applicant proposing to implement VMES system under
paragraph (a)(3) of this section and using variable power-density
control of individual simultaneously transmitting co-frequency VMES
earth stations in the same satellite receiving beam shall provide the
following certifications and demonstration as exhibits to its earth
station application:
(i) The applicant shall make a detailed showing of the measures it
intends to employ to maintain the effective aggregate EIRP-density from
all simultaneously transmitting co-frequency terminals operating with
the same satellite transponder at least 1 dB below the EIRP-density
limits defined in paragraphs (a)(1)(i)(A) through (C) of this section.
In this context the term ``effective'' means that the resultant co-
polarized and cross-polarized EIRP-density experienced by any GSO or
non-GSO satellite shall not exceed that produced by a single VMES
transmitter operating at 1 dB below the limits defined in paragraphs
(a)(1)(i)(A) through (C) of this section. The International Bureau will
place this showing on public notice along with the application.
(ii) An applicant proposing to implement a VMES under paragraph
(a)(3)(ii) of this section that uses off-axis EIRP spectral-densities
in excess of the levels in paragraph (a)(3)(i) of this section shall
provide the following certifications, demonstration and list of
satellites as exhibits to its earth station application:
[[Page 57102]]
(A) A detailed showing of the measures the applicant intends to
employ to maintain the effective aggregate EIRP-density from all
simultaneously transmitting co-frequency terminals operating with the
same satellite transponder at the EIRP-density limits supplied to the
target satellite operator. The International Bureau will place this
showing on public notice along with the application.
(B) A statement from the target satellite operator certifying that
the proposed operation of the VMES has the potential to create harmful
interference to satellite networks adjacent to the target satellite(s)
that may be unacceptable.
(C) A statement from the target satellite operator certifying that
the aggregate power density levels that the VMES applicant provided to
the target satellite operator are consistent with the existing
coordination agreements between its satellite(s) and the adjacent
satellite systems within 6[deg] of orbital separation from its
satellite(s).
(D) A statement from the target satellite operator certifying that
it will include the aggregate power-density levels of the VMES
applicant in all future coordination agreements.
(E) A demonstration from the VMES operator that the VMES system is
capable of detecting and automatically ceasing emissions within 100
milliseconds when an individual transmitter exceeds the off-axis EIRP
spectral-densities supplied to the target satellite operator and that
the overall system is capable of shutting off an individual transmitter
or the entire system if the aggregate off-axis EIRP spectral-densities
exceed those supplied to the target satellite operator.
(F) An identification of the specific satellite or satellites with
which the VMES system will operate.
(iii) The applicant shall acknowledge that it will maintain
sufficient statistical and technical information on the individual
terminals and overall system operation to file a detailed report, one
year after license issuance, describing the effective aggregate EIRP-
density levels resulting from the operation of the VMES system.
(4) There shall be an exhibit included with the application
describing the geographic area(s) in which the VMESs will operate.
(5) Any VMES applicant filing for a VMES terminal or system and
planning to use a contention protocol shall include in its application
a certification that will comply with the requirements of paragraph
(a)(4) of this section.
(6) The point of contact referred to in paragraph (a)(5) of this
section shall be included in the application.
(7) Any VMES applicant filing for a VMES terminal or system shall
include in its application a certification that will comply with the
requirements of paragraph (a)(6) of this section.
(8) All VMES applicants shall submit a radio frequency hazard
analysis determining via calculation, simulation, or field measurement
whether VMES terminals, or classes of terminals, will produce power
densities that will exceed the Commission's radio frequency exposure
criteria. VMES applicants with VMES terminals that will exceed the
guidelines in Sec. 1.1310 of this chapter for radio frequency
radiation exposure shall provide, with their environmental assessment,
a plan for mitigation of radiation exposure to the extent required to
meet those guidelines. All VMES licensees shall ensure installation of
VMES terminals on vehicles by qualified installers who have an
understanding of the antenna's radiation environment and the measures
best suited to maximize protection of the general public and persons
operating the vehicle and equipment. A VMES terminal exhibiting
radiation exposure levels exceeding 1.0 mW/cm \2\ in accessible areas,
such as at the exterior surface of the radome, shall have a label
attached to the surface of the terminal warning about the radiation
hazard and shall include thereon a diagram showing the regions around
the terminal where the radiation levels could exceed 1.0 mW/cm \2\. All
VMES licensees shall ensure that a VMES terminal ceases transmission
upon encountering an obstruction that degrades the VMES downlink
signal.
(c)(1) Operations of VMESs in the 14.0-14.2 GHz (Earth-to-space)
frequency band within 125 km of the NASA TDRSS facilities on Guam
(latitude 13[deg]36'55'' N, longitude 144[deg]51'22'' E) or White
Sands, New Mexico (latitude 32[deg]20'59'' N, longitude 106[deg]36'31''
W and latitude 32[deg]32'40'' N, longitude 106[deg]36'48'' W) are
subject to coordination with the National Aeronautics and Space
Administration (NASA) through the National Telecommunications and
Information Administration (NTIA) Interdepartment Radio Advisory
Committee (IRAC). Licensees shall notify the International Bureau once
they have completed coordination. Upon receipt of such notification
from a licensee, the International Bureau will issue a public notice
stating that the licensee may commence operations within the
coordination zone in 30 days if no party has opposed the operations.
(2) When NTIA seeks to provide similar protection to future TDRSS
sites that have been coordinated through the IRAC Frequency Assignment
Subcommittee process, NTIA will notify the Commission's International
Bureau that the site is nearing operational status. Upon public notice
from the International Bureau, all Ku-band VMES licensees shall cease
operations in the 14.0-14.2 GHz band within 125 km of the new TDRSS
site until the licensees complete coordination with NTIA/IRAC for the
new TDRSS facility. Licensees shall notify the International Bureau
once they have completed coordination for the new TDRSS site. Upon
receipt of such notification from a licensee, the International Bureau
will issue a public notice stating that the licensee may commence
operations within the coordination zone in 30 days if no party has
opposed the operations. The VMES licensee then will be permitted to
commence operations in the 14.0-14.2 GHz band within 125 km of the new
TDRSS site, subject to any operational constraints developed in the
coordination process.
(d)(1) Operations of VMESs in the 14.47-14.5 GHz (Earth-to-space)
frequency band in the vicinity of radio astronomy service (RAS)
observatories observing in the 14.47-14.5 GHz band are subject to
coordination with the National Science Foundation (NSF). The
appropriate NSF contact point to initiate coordination is
Electromagnetic Spectrum Manager, NSF, 4201 Wilson Blvd., Suite 1045,
Arlington VA 22203, fax 703-292-9034, e-mail esm@nsf.gov. Licensees
shall notify the International Bureau once they have completed
coordination. Upon receipt of the coordination agreement from a
licensee, the International Bureau will issue a public notice stating
that the licensee may commence operations within the coordination zone
in 30 days if no party has opposed the operations.
(2) Table 1 provides a list of each applicable RAS site, its
location, and the applicable coordination zone.
[[Page 57103]]
Table 1--Applicable Radio Astronomy Service (RAS) Facilities and Associated Coordination Distances
----------------------------------------------------------------------------------------------------------------
Latitude Longitude
Observatory (north) (west) Radius (km) of coordination zone
----------------------------------------------------------------------------------------------------------------
Arecibo, Observatory, Arecibo, PR.... 18[deg]20'37'' 66[deg]45'11'' Island of Puerto Rico.
Green Bank, WV....................... 38[deg]25'59'' 79[deg]50'23'' 160.
Very Large Array, near Socorro, NM... 34[deg]04'44'' 107[deg]37'06' 160.
'
Pisgah Astronomical Research 35[deg]11'59'' 82[deg]52'19'' 160.
Institute, Rosman, NC.
U of Michigan Radio Astronomy 42[deg]23'56'' 83[deg]56'11'' 160.
Observatory, Stinchfield Woods, MI.
Very Long Baseline Array (VLBA)
stations:
Owens Valley, CA................. 37[deg]13'54'' 118[deg]16'37' 160*.
'
Mauna Kea, HI.................... 19[deg]48'05'' 155[deg]27'20' 50.
'
Brewster, WA..................... 48[deg]07'52'' 119[deg]41'00' .........................................
'
Kitt Peak, AZ.................... 31[deg]57'23'' 111[deg]36'45' .........................................
'
Pie Town, NM..................... 34[deg]18'04'' 108[deg]07'09' .........................................
'
Los Alamos, NM................... 35[deg]46'30'' 106[deg]14'44' .........................................
'
Fort Davis, TX................... 30[deg]38'06'' 103[deg]56'41' .........................................
'
North Liberty, IA................ 41[deg]46'17'' 91[deg]34'27'' .........................................
Hancock, NH...................... 42[deg]56'01'' 71[deg]59'12'' .........................................
St. Croix, VI.................... 17[deg]45'24'' 64[deg]35'01'' .........................................
----------------------------------------------------------------------------------------------------------------
* Owens Valley, CA operates both a VLBA station and single-dish telescopes.
(3) When NTIA seeks to provide similar protection to future RAS
sites that have been coordinated through the IRAC Frequency Assignment
Subcommittee process, NTIA will notify the Commission's International
Bureau that the site is nearing operational status. Upon public notice
from the International Bureau, all Ku-band VMES licensees shall cease
operations in the 14.47-14.5 GHz band within the relevant geographic
zone (160 kms for single-dish radio observatories and Very Large Array
antenna systems and 50 kms for Very Long Baseline Array antenna
systems) of the new RAS site until the licensees complete coordination
for the new RAS facility. Licensees shall notify the International
Bureau once they have completed coordination for the new RAS site and
shall submit the coordination agreement to the Commission. Upon receipt
of such notification from a licensee, the International Bureau will
issue a public notice stating that the licensee may commence operations
within the coordination zone in 30 days if no party opposed the
operations. The VMES licensee then will be permitted to commence
operations in the 14.47-14.5 GHz band within the relevant coordination
distance around the new RAS site, subject to any operational
constraints developed in the coordination process.
(e) VMES licensees shall use Global Positioning Satellite-related
or other similar position location technology to ensure compliance with
paragraphs (c) and (d) of this section.
[FR Doc. E9-26215 Filed 11-3-09; 8:45 am]
BILLING CODE 6712-01-P
