Vehicle-Mounted Earth Stations (VMES), 1285-1287 [2010-245]
Download as PDF
<![CDATA[
Federal Register / Vol. 75, No. 6 / Monday, January 11, 2010 / Rules and Regulations
cprice-sewell on DSK2BSOYB1PROD with RULES
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves State law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by State law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
VerDate Nov<24>2008
15:08 Jan 08, 2010
Jkt 220001
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by March 12, 2010.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: November 23, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
■
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(345)(i)(C)(2) and
(c)(350)(i)(E)to read as follows:
■
§ 52.220
*
Identification of plan.
*
*
(c) * * *
(345) * * *
PO 00000
Frm 00017
*
Fmt 4700
*
Sfmt 4700
1285
(i) * * *
(C) Ventura County Air Pollution
Control District.
(2) Rule 26, ‘‘New Source Review—
General,’’ Rule 26.2, ‘‘New Source
Review—Requirements,’’ Rule 26.3,
‘‘New Source Review—Exemptions,’’
Rule 26.4, ‘‘New Source Review—
Emissions Banking,’’ Rule 26.5, ‘‘New
Source Review—Essential Public
Service Bank,’’ and Rule 26.6, ‘‘New
Source Review—Calculations,’’
originally adopted on October 22, 1991
and now revised on March 14, 2006.
*
*
*
*
*
(350) * * *
(i) * * *
(E) Ventura County Air Pollution
Control District.
(1) Rule 26.1, ‘‘New Source Review—
Definitions,’’ originally adopted on
October 22, 1991 and now revised on
November 14, 2006.
*
*
*
*
*
[FR Doc. 2010–153 Filed 1–8–10; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 25
[IB Docket No. 07–101; FCC 09–64]
Vehicle–Mounted Earth Stations
(VMES)
AGENCY: Federal Communications
Commission.
ACTION: Final Rule; announcement of
effective date.
SUMMARY: In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collection requirements
associated with Sections 25.132(b)(3),
25.226(a)(6), (b), (c), (d)(1), and (d)(3) of
the Commission’s rules, and that these
rules will take effect as of the date of
this notice. On November 4, 2009, the
Commission published the summary
document of the Report and Order, In
the Matter of 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, FCC 09–64, at 74 FR 57092.
The Report and Order stated that the
Commission will publish a notice in the
Federal Register announcing when OMB
approval for the rule sections which
contain information collection
requirements has been received and
E:\FR\FM\11JAR1.SGM
11JAR1
cprice-sewell on DSK2BSOYB1PROD with RULES
1286
Federal Register / Vol. 75, No. 6 / Monday, January 11, 2010 / Rules and Regulations
when the revised rules will take effect.
This notice is consistent with the
statement in the Report and Order.
DATES: 47 CFR 25.132(b)(3),
25.226(a)(6), (b), (c), (d)(1), and (d)(3)
are effective on January 11, 2010.
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
document announces that, on January 4,
2010, OMB approved, for a period of
three years, the information collection
requirements contained in Sections
25.132(b)(3), 25.226(a)(6), (b), (c), (d)(1),
and (d)(3) of the Commission’s rules.
The Commission publishes this notice
to announce the effective date of these
rules. If you have any comments on the
burden estimates listed below, or how
the Commission can improve the
collections and reduce any burdens
caused thereby, please contact Cathy
Williams, Federal Communications
Commission, Room 1–C823, 445 12th
Street, SW., Washington, DC 20554.
Please include OMB Control Number
3060–1106 in your correspondence. The
Commission also will accept your
comments via the Internet if you send
them to PRA@fcc.gov. To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
send an e–mail to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at (202)418–0530 (voice), (202)
418–0432 (TTY).
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the Commission is notifying the public
that it received OMB approval on
January 4, 2010, for the information
collection requirements contained in the
Commission’s rules at 47 CFR Sections
25.132(b)(3), 25.226(a)(6), (b), (c), (d)(1),
and (d)(3). Under 5 CFR 1320, an agency
may not conduct or sponsor a collection
of information unless it displays a
current, valid OMB Control Number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
display a valid OMB Control Number.
The OMB Control Number is 3060–1106
and the total annual reporting burdens
and costs for respondents are as follows:
OMB Control Numbers: 3060–1106.
OMB Approval Date: January 4, 2010.
Expiration Date: December 31, 2012.
Title: Licensing and Service Rules for
Vehicle–Mounted Earth Stations
(VMES).
VerDate Nov<24>2008
15:08 Jan 08, 2010
Jkt 220001
Form Number: Not Applicable.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other for–
profit entities.
Number of Respondents/Responses:
10 respondents; 10 responses.
Estimated Hours per Response: 0.25
hours – 24 hours per response.
Frequency of Response: On occasion
reporting requirements; Recordkeeping
requirement; Third party disclosure
requirement.
Total Annual Burden: 322 hours.
Total Annual Cost: $104,300.
Obligation to Respond: Required to
obtain or retain benefits. The
Commission has statutory approval for
the information collection requirements
under Sections 1, 4(i), 4(j), 7(a), 301,
303(c), 303(f), 303(g), 303(r), 303(y) and
308 of the Communications Act of 1934,
as amended, 47 U.S.C. 151, 154(i),
154(j), 157(a), 301, 303(c), 303(f), 303(g),
303(r), 303(y), and 308.
Nature and Extent of Confidentiality:
There is no need for confidentiality
pertaining to the information collection
requirements in this collection.
Privacy Act Assessment: No
impact(s).
Needs and Uses: On July 31, 2009, the
Federal Communications Commission
(Commission) released a Report and
Order and Order titled, ‘‘In the Matter of
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’’ (FCC 09–
64), IB Docket No. 07–101(hereinafter
referred to as ’’VMES Report and
Order’’). The VMES Report and Order
adopts Part 2 allocation rules and Part
25 technical and licensing rules for a
new domestic Ku–band VMES service.
VMES service has the potential to
deliver advanced mobile applications
through satellite technology, including
broadband, which will be beneficial for
public safety and commercial purposes.
The PRA information collection
requirements contained in the VMES
Report and Order are as follows:
1. 47 CFR 25.132(b)(3)
VMES applicant seeking to use
antenna that does not meet standards of
section 25.209(a) and (b), pursuant to
procedures set out in section 25.226,
shall submit manufacturer’s range test
plots of antenna gain patterns.
2. 47 CFR 26.226(a)(6)
VMES licensee shall maintain and
provide data (record of vehicle location,
transmit frequency, channel bandwidth
and satellite used for each relevant
VMES transmitter) to Commission,
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
NTIA, FSS operator, FS operator, or
frequency coordinator within 24 hours
upon request.
3. 47 CFR 25.226(b)(1)(i) OR 47 CFR
25.226(b)(1)(ii)
(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.
OR
4. (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.
5. 47 CFR 25.226(b)(1)(iii)
(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°.
6. 47 CFR 25.226(b)(1)(iv)(A), (B)
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
E:\FR\FM\11JAR1.SGM
11JAR1
cprice-sewell on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 6 / Monday, January 11, 2010 / Rules and Regulations
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.
7. 47 CFR 25.226(b)(2)(i), (ii), (iii), (iv)
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° 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.
8. 47 CFR 25.226(b)(3)
A VMES applicant proposing to
implement a 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)–(C) of this
section. In this context the term
‘‘effective’’ means that the resultant co–
VerDate Nov<24>2008
15:10 Jan 08, 2010
Jkt 220001
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)–(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 (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:
(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° 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
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
1287
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.
9. 47 CFR 25.226 (b)(4)
There shall be an exhibit included
with the application describing the
geographic area(s) in which the VMESs
will operate.
10. 47 CFR 25.226(b)(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.
11. 47 CFR 25.226(b)(6)
Application shall include the point of
contact with authority and ability to
cease all emissions from VMES
terminals, as required in paragraph
(a)(5) of this section.
12. 47 CFR 25.226 (b)(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.
13. 47 CFR 25.226 (b)(8)
Applicant must submit a radio
frequency hazard analysis to determine
whether VMES terminals will produce
power densities that will exceed the
Commission’s radio frequency exposure
criteria; applicant with terminals that
exceed the guidelines in section 1.1310
for radio frequency radiation exposure
shall provide a plan for mitigation.
14. 47 CFR 25.226(c)(1)
Licensee shall notify the Commission
after completing coordination with
NASA and NTIA on current TDRSS
sites.
15. 47 CFR 25.226(c)(3)
Licensee shall notify the Commission
after completing coordination with
NASA and NTIA on future TDRSS sites.
16. 47 CFR 25.226(d)(1)
Operations of VMES licensees in the
14.47–14.5 frequency band are subject
to coordination with the National
Science Foundation (NSF) and licensee
shall notify the Commission’s
International Bureau and shall submit
the coordination agreement once it has
completed coordination with NSF for
RAS sites listed in paragraph (d)(2) of
this section.
17. 47 CFR 25.226(d)(3)
Licensee shall notify the International
Bureau once it has completed
coordination for any future RAS site and
shall submit the coordination agreement
once it has completed coordination with
NSF.
The information collection
requirements accounted for in this
E:\FR\FM\11JAR1.SGM
11JAR1
]]>Agencies
[Federal Register Volume 75, Number 6 (Monday, January 11, 2010)]
[Rules and Regulations]
[Pages 1285-1287]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-245]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[IB Docket No. 07-101; FCC 09-64]
Vehicle-Mounted Earth Stations (VMES)
AGENCY: Federal Communications Commission.
ACTION: Final Rule; announcement of effective date.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission announces that the Office of
Management and Budget (OMB) has approved, for a period of three years,
the information collection requirements associated with Sections
25.132(b)(3), 25.226(a)(6), (b), (c), (d)(1), and (d)(3) of the
Commission's rules, and that these rules will take effect as of the
date of this notice. On November 4, 2009, the Commission published the
summary document of the Report and Order, In the Matter of 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, FCC 09-64, at 74 FR 57092. The Report
and Order stated that the Commission will publish a notice in the
Federal Register announcing when OMB approval for the rule sections
which contain information collection requirements has been received and
[[Page 1286]]
when the revised rules will take effect. This notice is consistent with
the statement in the Report and Order.
DATES: 47 CFR 25.132(b)(3), 25.226(a)(6), (b), (c), (d)(1), and (d)(3)
are effective on January 11, 2010.
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 document announces that, on January 4,
2010, OMB approved, for a period of three years, the information
collection requirements contained in Sections 25.132(b)(3),
25.226(a)(6), (b), (c), (d)(1), and (d)(3) of the Commission's rules.
The Commission publishes this notice to announce the effective date of
these rules. If you have any comments on the burden estimates listed
below, or how the Commission can improve the collections and reduce any
burdens caused thereby, please contact Cathy Williams, Federal
Communications Commission, Room 1-C823, 445 12th Street, SW.,
Washington, DC 20554. Please include OMB Control Number 3060-1106 in
your correspondence. The Commission also will accept your comments via
the Internet if you send them to PRA@fcc.gov. To request materials in
accessible formats for people with disabilities (Braille, large print,
electronic files, audio format), send an e-mail to fcc504@fcc.gov or
call the Consumer & Governmental Affairs Bureau at (202)418-0530
(voice), (202) 418-0432 (TTY).
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the Commission is notifying the public that it received OMB
approval on January 4, 2010, for the information collection
requirements contained in the Commission's rules at 47 CFR Sections
25.132(b)(3), 25.226(a)(6), (b), (c), (d)(1), and (d)(3). Under 5 CFR
1320, an agency may not conduct or sponsor a collection of information
unless it displays a current, valid OMB Control Number.
No person shall be subject to any penalty for failing to comply
with a collection of information subject to the Paperwork Reduction Act
that does not display a valid OMB Control Number. The OMB Control
Number is 3060-1106 and the total annual reporting burdens and costs
for respondents are as follows:
OMB Control Numbers: 3060-1106.
OMB Approval Date: January 4, 2010.
Expiration Date: December 31, 2012.
Title: Licensing and Service Rules for Vehicle-Mounted Earth
Stations (VMES).
Form Number: Not Applicable.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities.
Number of Respondents/Responses: 10 respondents; 10 responses.
Estimated Hours per Response: 0.25 hours - 24 hours per response.
Frequency of Response: On occasion reporting requirements;
Recordkeeping requirement; Third party disclosure requirement.
Total Annual Burden: 322 hours.
Total Annual Cost: $104,300.
Obligation to Respond: Required to obtain or retain benefits. The
Commission has statutory approval for the information collection
requirements under Sections 1, 4(i), 4(j), 7(a), 301, 303(c), 303(f),
303(g), 303(r), 303(y) and 308 of the Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i), 154(j), 157(a), 301, 303(c), 303(f),
303(g), 303(r), 303(y), and 308.
Nature and Extent of Confidentiality: There is no need for
confidentiality pertaining to the information collection requirements
in this collection.
Privacy Act Assessment: No impact(s).
Needs and Uses: On July 31, 2009, the Federal Communications
Commission (Commission) released a Report and Order and Order titled,
``In the Matter of 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'' (FCC 09-64), IB Docket
No. 07-101(hereinafter referred to as ''VMES Report and Order''). The
VMES Report and Order adopts Part 2 allocation rules and Part 25
technical and licensing rules for a new domestic Ku-band VMES service.
VMES service has the potential to deliver advanced mobile applications
through satellite technology, including broadband, which will be
beneficial for public safety and commercial purposes.
The PRA information collection requirements contained in the VMES
Report and Order are as follows:
1. 47 CFR 25.132(b)(3)
VMES applicant seeking to use antenna that does not meet standards
of section 25.209(a) and (b), pursuant to procedures set out in section
25.226, shall submit manufacturer's range test plots of antenna gain
patterns.
2. 47 CFR 26.226(a)(6)
VMES licensee shall maintain and provide data (record of vehicle
location, transmit frequency, channel bandwidth and satellite used for
each relevant VMES transmitter) to Commission, NTIA, FSS operator, FS
operator, or frequency coordinator within 24 hours upon request.
3. 47 CFR 25.226(b)(1)(i) OR 47 CFR 25.226(b)(1)(ii)
(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.
OR
4. (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.
5. 47 CFR 25.226(b)(1)(iii)
(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].
6. 47 CFR 25.226(b)(1)(iv)(A), (B)
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
[[Page 1287]]
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.
7. 47 CFR 25.226(b)(2)(i), (ii), (iii), (iv)
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.
8. 47 CFR 25.226(b)(3)
A VMES applicant proposing to implement a 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)-(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)-
(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 (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:
(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.
9. 47 CFR 25.226 (b)(4)
There shall be an exhibit included with the application describing
the geographic area(s) in which the VMESs will operate.
10. 47 CFR 25.226(b)(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.
11. 47 CFR 25.226(b)(6)
Application shall include the point of contact with authority and
ability to cease all emissions from VMES terminals, as required in
paragraph (a)(5) of this section.
12. 47 CFR 25.226 (b)(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.
13. 47 CFR 25.226 (b)(8)
Applicant must submit a radio frequency hazard analysis to
determine whether VMES terminals will produce power densities that will
exceed the Commission's radio frequency exposure criteria; applicant
with terminals that exceed the guidelines in section 1.1310 for radio
frequency radiation exposure shall provide a plan for mitigation.
14. 47 CFR 25.226(c)(1)
Licensee shall notify the Commission after completing coordination
with NASA and NTIA on current TDRSS sites.
15. 47 CFR 25.226(c)(3)
Licensee shall notify the Commission after completing coordination
with NASA and NTIA on future TDRSS sites.
16. 47 CFR 25.226(d)(1)
Operations of VMES licensees in the 14.47-14.5 frequency band are
subject to coordination with the National Science Foundation (NSF) and
licensee shall notify the Commission's International Bureau and shall
submit the coordination agreement once it has completed coordination
with NSF for RAS sites listed in paragraph (d)(2) of this section.
17. 47 CFR 25.226(d)(3)
Licensee shall notify the International Bureau once it has
completed coordination for any future RAS site and shall submit the
coordination agreement once it has completed coordination with NSF.
The information collection requirements accounted for in this
collection are necessary to prevent regulatory uncertainty with respect
to VMES and other satellite services that operate in the Ku-band within
the United States. Prior to this rulemaking, the lack of rules for VMES
posed an administrative burden on those entities attempting to provide
VMES-type services and on Commission staff because such services could
be granted only through the use of waivers and Special Temporary
Authority (STA) authorizations for a six-month period of time. The
approval of fifteen-year licenses for VMES operators significantly
reduces the burden imposed upon both licensees and Commission staff who
review and approve the waivers and STAs. Furthermore, without such
information the Commission would not be able to take the necessary
measures to prevent harmful interference to satellite services from
VMES. Finally, the Commission would not be able to advance its goals of
managing spectrum efficiently and promoting broadband technologies to
benefit American consumers throughout the United States.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2010-245 Filed 1-8-10; 8:45 am]
BILLING CODE 6712-01-S
