Procedures To Govern the Use of Satellite Earth Stations on Board Vessels in the 5925-6425 MHz/3700-4200 MHz Bands and 14.0-14.5 GHz/11.7-12.2 GHz Bands, 50049-50053 [2012-20202]
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Federal Register / Vol. 77, No. 161 / Monday, August 20, 2012 / Rules and Regulations
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 25
[IB Docket No. 02–10; FCC 12–79]
Procedures To Govern the Use of
Satellite Earth Stations on Board
Vessels in the 5925–6425 MHz/3700–
4200 MHz Bands and 14.0–14.5 GHz/
11.7–12.2 GHz Bands
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) modifies its C-band and
Ku-band licensing and service rules for
Earth Stations on Board Vessels (ESVs)
in order to promote greater ESV
operational flexibility without causing
harmful interference to the FixedSatellite Service (FSS) operators.
DATES: Effective September 19, 2012.
FOR FURTHER INFORMATION CONTACT:
Jennifer Balatan or Howard Griboff,
Policy Division, International Bureau,
(202) 418–1460.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Second
Order on Reconsideration, adopted on
July 17, 2012, and released on July 19,
2012 (FCC 12–79). The full text of this
document is available for inspection
and copying during normal business
hours in the Commission Reference
Center, 445 12th Street SW.,
Washington, DC 20554. The document
is also available for download over the
Internet at https://transition.fcc.gov/
Daily_Releases/Daily_Business/2012/
db0719/FCC–12–79A1.doc. The
complete text may also be purchased
from the Commission’s copy contractor,
Best Copy and Printing, in person at 445
12th Street SW., Room CY–B402,
Washington, DC 20554, via telephone at
(202) 488–5300, via facsimile at (202)
488–5563, or via email at
Commission@bcpiweb.com.
SUMMARY:
emcdonald on DSK67QTVN1PROD with RULES
Summary of the Second Order on
Reconsideration
On December 15, 2004, the
Commission adopted the ESV Report
and Order in IB Docket No. 02–10 (ESV
Order) (70 FR 4775–01, January 31,
2005, as amended at 40 FR 34665–01,
June 15, 2005), establishing licensing
and service rules for ESVs operating in
the 5925–6425 MHz/3700–4200 MHz
(C-band) and 14.0–14.5 GHz/11.7–12.2
GHz (Ku-band) frequencies. On July 30,
2009, the Commission adopted the
Order on Reconsideration (ESV
Reconsideration Order), (74 FR 47100–
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01, September 15, 2009, as amended at
75 FR 7975–01, February 23, 2010)
which revises some of the ESV licensing
and service rules adopted in the ESV
Order. In this Second Order on
Reconsideration (Second
Reconsideration Order), the
Commission revises the ESV rules by
adopting requirements for a certain type
of ESV system: a system that operates
multiple co-frequency terminals
simultaneously, with each terminal
using a different data rate or power level
(variable power ESV system).
Specifically, the Second
Reconsideration Order adopts an
aggregate power-density rule that will
allow variable power ESV systems to
operate their individual transmitters
simultaneously while using varying offaxis EIRP-density levels instead of
requiring each transmitter within the
system to use the same EIRP-density.
The aggregate power-density rule
requires variable power ESV systems to
operate at least one dB below the offaxis EIRP-density limits in order to
protect the FSS from harmful
interference. In addition, the Order
requires ESV applicants seeking a
waiver of the one dB requirement to file
a report regarding their system
operations. Further, the Second
Reconsideration Order requires variable
power ESV systems to cease
transmissions if the power-density from
an individual terminal exceeds the offaxis EIRP-density limits or the powerdensity of one or more terminals causes
the aggregate power to exceed the offaxis EIRP-density limits. The revisions
this Second Reconsideration Order
adopts for variable power ESVs should
provide greater operational flexibility
for those ESVs while continuing to
ensure that the FSS operators are
protected from harmful interference in
the C-band and Ku-band.
Final Regulatory Flexibility
Certification
The Regulatory Flexibility Act of
1980, as amended (RFA), requires that a
regulatory flexibility analysis be
prepared for notice-and-comment rule
making proceedings, unless the agency
certifies that ‘‘the rule will not, if
promulgated, have a significant
economic impact on a substantial
number of small entities.’’ The RFA
generally defines the term ‘‘small
entity’’ as having the same meaning as
the terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
jurisdiction.’’ In addition, the term
‘‘small business’’ has the same meaning
as the term ‘‘small business concern’’
under the Small Business Act. A ‘‘small
business concern’’ is one which: (1) Is
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50049
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the U.S. Small Business
Administration (SBA). In light of the
rules adopted in the ESV Order, we find
that there are only two categories of
licensees that would be affected by the
new rules. These categories of licensees
are Satellite Telecommunications and
Fixed-Satellite Transmit/Receive Earth
Stations. The SBA has determined that
the small business size standard for
Satellite Telecommunications is a
business that has $15 million or less in
average annual receipts. Currently there
are approximately 3,390 operational
fixed-satellite transmit/received earth
stations authorized for use in the C- and
Ku-bands. 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. Of the two
classifications of licensees, we estimate
that only 15 entities will provide ESV
service. For the reasons described
below, we certify that the policies and
rules adopted in this Second
Reconsideration Order will not have a
significant economic impact on a
substantial number of small entities.
In the ESV Order, the Commission
established licensing and service rules
for ESVs operating in the 5925–6425
MHz/3700–4200 MHz (C-band) and
14.0–14.5 GHz/11.7–12.2 GHz (Kuband) frequencies. These rules allow
ESV operations in the C- and Ku-bands,
while ensuring that ESVs protect the
fixed service (FS) and fixed-satellite
service (FSS) operators, and a limited
number of Government operations in
these bands from harmful interference.
In the Order on Reconsideration, the
Commission clarified and modified
certain ESV rules designed to protect
the FSS and the FS in the C- and Kubands in order to allow greater
operational flexibility for ESVs. For
example, ESVs may operate at higher
off-axis power-density levels as long as
the ESV remains within the parameters
of the coordination agreements between
the target satellite and adjacent
satellites. In this Second
Reconsideration Order, we further
promote operational flexibility while
ensuring that the FSS are protected from
harmful interference by adopting an
aggregate power-density rule and a
cessation of emission rule for variable
power ESV systems. The Commission
does not expect a substantial number of
small entities to be directly impacted by
the rule changes adopted in this Second
Reconsideration Order. Specifically, we
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expect that fewer than ten entities will
be affected by the variable power rule
provisions adopted in this Order. In
addition, we believe these new rule
provisions will not impose a significant
economic impact on small entities and,
in fact, will benefit both large and small
entities utilizing variable power systems
by allowing greater operational
flexibility in providing ESV service.
Therefore, we certify that the
requirements adopted in this Second
Reconsideration Order will not have a
significant economic impact on a
substantial number of small entities.
Final Paperwork Reduction Act of 1995
Analysis
This Order on Reconsideration does
not contain new information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. In addition, therefore, it
does not contain any new or modified
information collection burden for small
business concerns with fewer than 25
employees, pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
emcdonald on DSK67QTVN1PROD with RULES
Congressional Review Act
The Commission will send a copy of
this Second Order on Reconsideration to
Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
Ordering Clauses
It is ordered that, pursuant to sections
4(i), 7, 302, 303(c), 303(e), 303(f) and
303(r) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), 157,
302, 303(c), 303(e), 303(f) and 303(r),
this Second Order on Reconsideration is
adopted. Part 25 of the Commission’s
rules is amended, as specified below in
the rule revisions, effective September
19, 2012.
It is further ordered that the Petition
for Reconsideration filed by The Boeing
Company is granted in part to the extent
described above and is denied in all
other respects.
It is further ordered that the Petition
for Reconsideration filed by ViaSat, Inc.
is denied.
It is further ordered that the Final
Regulatory Flexibility Certification, 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 Second Order on Reconsideration
including the Final Regulatory
Flexibility Certification, to the Chief
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Counsel for Advocacy of the Small
Business Administration.
List of Subjects in 47 CFR Part 25
Satellites.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rule
For the reasons discussed above, the
Federal Communications Commission
amends 47 CFR part 25 as follows:
PART 25—SATELLITE
COMMUNICATIONS
1. The authority citation for Part 25
continues to read as follows:
■
Authority: 47 U.S.C. 701–744. Interprets or
applies Sections 4, 301, 302, 303, 307, 309
and 332 of the Communications Act, as
amended, 47 U.S.C. Sections 154, 301, 302,
303, 307, 309, 332, unless otherwise noted.
2. Amend § 25.221 as follows:
a. Revise paragraph (a) introductory
text;
■ b. Revise paragraphs (a)(1)(ii)
introductory text and (a)(1)(iii)
introductory text;
■ c. Revise paragraph (a)(2) introductory
text;
■ d. Revise paragraph (a)(2)(iii);
■ e. Redesignate paragraphs (a)(3)
through (a)(12) as paragraphs (a)(4)
through (a)(13);
■ f. Add new paragraph (a)(3);
■ g. Revise newly redesignated
paragraph (a)(12);
■ h. Revise paragraph (b) introductory
text;
■ i. Revise paragraph (b)(2) introductory
text;
■ j. Revise paragraph (b)(2)(iv);
■ k. Redesignate paragraphs (b)(3)
through (b)(5) as paragraphs (b)(4)
through (b)(6); and
■ l. Add new paragraphs (b)(3) and
(b)(7).
■
■
§ 25.221 Blanket Licensing provisions for
Earth Stations on Vessels (ESVs) receiving
in the 3700–4200 MHz (space-to-Earth)
frequency band and transmitting in the
5925–6425 MHz (Earth-to-space) frequency
band, operating with Geostationary Satellite
Orbit (GSO) Satellites in the Fixed-Satellite
Service.
(a) The following ongoing
requirements govern all ESV licensees
and operations in the 3700–4200 MHz
(space-to-Earth) and 5925–6425 MHz
(Earth-to-space) bands transmitting to
GSO satellites in the fixed-satellite
service. ESV licensees must comply
with the requirements in paragraph
(a)(1), (a)(2) or (a)(3) of this section and
all of the requirements set forth in
paragraphs (a)(4) through (a)(13) of this
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section. Paragraph (b) of this section
identifies items that must be included in
the application for ESV operations to
demonstrate that these ongoing
requirements will be met.
(1) * * *
(ii) Except for ESV systems operating
under paragraph (a)(3) of this section,
each ESV transmitter must meet one of
the following antenna pointing error
requirements:
*
*
*
*
*
(iii) Except for ESV systems operating
under paragraph (a)(3) of this section,
each ESV transmitter must meet one of
the following cessation of emission
requirements:
*
*
*
*
*
(2) The following requirements shall
apply to an ESV that uses off-axis EIRP
spectral-densities in excess of the levels
in paragraph (a)(1)(i) or (a)(3)(i) of this
section. An ESV or ESV system
operating under this paragraph (a)(2)
shall file certifications and provide a
detailed demonstration(s) as described
in paragraph (b)(2) of this section.
*
*
*
*
*
(iii) The ESV shall operate in
accordance with the off-axis EIRP
spectral-densities that the ESV supplied
to the target satellite operator in order
to obtain the certifications listed in
paragraph (b)(2) of this section. Except
for ESVs with variable power systems,
the ESV shall automatically cease
emissions within 100 milliseconds if the
ESV transmitter exceeds the off-axis
EIRP spectral-densities supplied to the
target satellite operator. For ESVs using
variable power systems, the individual
ESV transmitter shall automatically
cease or reduce emissions within 100
milliseconds if the ESV transmitter
exceeds the off-axis EIRP-density limits
supplied to the target satellite operator;
the individual transmitter must be selfmonitoring and capable of shutting itself
off; and if one or more ESV transmitters
causes the aggregate off-axis EIRPdensities to exceed the off-axis EIRPdensity limits supplied to the target
satellite operator, then the transmitter or
transmitters shall cease or reduce
emissions within 100 milliseconds of
receiving a command from the system’s
central control and monitoring station.
(3) The following requirements shall
apply to an ESV system that uses
variable power-density control of
individual simultaneously transmitting
co-frequency ESV earth stations in the
same satellite receiving beam unless
that ESV system operates pursuant to
paragraph (a)(2) of this section. An ESV
system operating under this paragraph
(a)(3) shall provide a detailed
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Federal Register / Vol. 77, No. 161 / Monday, August 20, 2012 / Rules and Regulations
demonstration as described in
paragraph (b)(3) of this section.
(i) The effective aggregate EIRPdensity from all terminals shall be at
least 1 dB below the off-axis EIRPdensity limits defined in paragraph
(a)(1)(i) of this section, with the value of
N = 1. 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 transmitter
operating 1 dB below the off-axis EIRPdensity limits defined in paragraph
(a)(1)(i) of this section. An ESV system
operating under this paragraph (a)(3)
shall provide a detailed demonstration
as described in paragraph (b)(3)(i) of this
section.
(ii) The individual ESV transmitter
shall automatically cease or reduce
emissions within 100 milliseconds if the
ESV transmitter exceeds the off-axis
EIRP-density limits specified in
paragraph (a)(3)(i) of this section. The
individual transmitter must be selfmonitoring and capable of shutting itself
off. If one or more ESV transmitters
causes the aggregate off-axis EIRPdensities to exceed the off-axis EIRPdensity limits specified in paragraph
(a)(3)(i) of this section, then the
transmitter or transmitters shall cease or
reduce emissions within 100
milliseconds of receiving a command
from the system’s central control and
monitoring station.
*
*
*
*
*
(12) ESVs operating within 200 km
from the baseline of the United States,
or within 200 km from a U.S.-licensed
fixed service offshore installation, shall
complete coordination with potentially
affected U.S.-licensed fixed service
operators prior to operation. The
coordination method and the
interference criteria objective shall be
determined by the frequency
coordinator. The details of the
coordination shall be maintained and
available at the frequency coordinator,
and shall be filed with the Commission
electronically via the International
Bureau Filing System (https://
licensing.fcc.gov/myibfs/) to be placed
on public notice. The coordination
notifications must be filed in the form
of a statement referencing the relevant
call signs and file numbers. Operation of
each individual ESV may commence
immediately after the public notice is
released that identifies the notification
sent to the Commission. Continuance of
operation of that ESV for the duration of
the coordination term shall be
dependent upon successful completion
of the normal public notice process. If,
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prior to the end of the 30-day comment
period of the public notice, any
objections are received from U.S.licensed fixed service operators that
have been excluded from coordination,
the ESV licensee shall immediately
cease operation of that particular station
on frequencies used by the affected
U.S.-licensed fixed service station until
the coordination dispute is resolved and
the ESV licensee informs the
Commission of the resolution.
*
*
*
*
*
(b) Applications for ESV operation in
the 5925–6425 MHz (Earth-to-space)
band to GSO satellites in the FixedSatellite Service must include, in
addition to the particulars of operation
identified on Form 312, and associated
Schedule B, the applicable technical
demonstrations in paragraph (b)(1),
(b)(2) or (b)(3) of this section and the
documentation identified in paragraphs
(b)(4) through (b)(7) of this section.
*
*
*
*
*
(2) An ESV 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)
or (a)(3)(i) of this section shall provide
the following certifications and
demonstration(s) as exhibits to its earth
station application:
*
*
*
*
*
(iv) Except for variable power ESV
applicants, a demonstration from the
ESV operator that the ESV 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. Variable power ESV applicants
shall provide a detailed showing that an
individual ESV terminal is capable of
automatically ceasing or reducing
emissions within 100 milliseconds if the
ESV transmitter exceeds the off-axis
EIRP spectral-densities supplied to the
target satellite operator; that the
individual transmitter is self-monitoring
and capable of shutting itself off; and
that one or more transmitters are
capable of automatically ceasing or
reducing emissions within 100
milliseconds of receiving the
appropriate command from the system’s
central control and monitoring station if
the aggregate off-axis EIRP spectraldensities of the transmitter or
transmitters exceed the off-axis EIRP
spectral-densities supplied to the target
satellite operator.
(3) An ESV applicant proposing to
implement an ESV system under
paragraph (a)(3) of this section and
using variable power-density control of
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50051
individual simultaneously transmitting
co-frequency ESV earth stations in the
same satellite receiving beam shall
provide the information in paragraphs
(b)(3)(i) and (b)(3)(ii) of this section as
exhibits to its earth station application.
The International Bureau will place
these showings on Public Notice along
with the application.
(i) The ESV applicant shall provide 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
paragraph (a)(1)(i) of this section. In this
context the term ‘‘effective’’ means that
the resultant co-polarized and crosspolarized EIRP-density experienced by
any GSO or non-GSO satellite shall not
exceed that produced by a single ESV
transmitter operating at 1 dB below the
limits defined in paragraph (a)(1)(i) of
this section.
(ii) The ESV applicant shall provide a
detailed showing that an individual ESV
terminal is capable of automatically
ceasing or reducing emissions within
100 milliseconds if the ESV transmitter
exceeds the off-axis EIRP-density limit
specified in paragraph (a)(3)(i) of this
section and that the individual
transmitter is self-monitoring and
capable of shutting itself off. The ESV
applicant shall also provide a detailed
showing that one or more transmitters
are capable of automatically ceasing or
reducing emissions within 100
milliseconds of receiving the
appropriate command from the system’s
central control and monitoring station if
the aggregate off-axis EIRP spectraldensities of the transmitter or
transmitters exceed the off-axis EIRPdensity limits specified in paragraph
(a)(3)(i) of this section.
*
*
*
*
*
(7) Except for ESV systems operating
pursuant to paragraph (a)(2) of this
section, ESV systems authorized
pursuant to this section shall be eligible
for a license that lists ALSAT as an
authorized point of communication.
3. Amend § 25.222 as follows:
a. Revise paragraph (a) introductory
text;
■ b. Revise paragraphs (a)(1)(ii)
introductory text and (a)(1)(iii)
introductory text;
■ c. Revise paragraph (a)(2) introductory
text;
■ d. Revise paragraph (a)(2)(iii);
■ e. Redesignate paragraphs (a)(3)
through (a)(7) as paragraphs (a)(4)
through (a)(8);
■ f. Add new paragraph (a)(3);
■
■
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g. Revise paragraph (b) introductory
text;
■ h. Revise paragraph (b)(2)
introductory text;
■ i. Revise paragraph (b)(2)(iv);
■ j. Redesignate paragraphs (b)(3)
through (b)(5) as paragraphs (b)(4)
through (b)(6); and
■ k. Add new paragraphs (b)(3) and
(b)(7).
■
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§ 25.222 Blanket Licensing provisions for
Earth Stations on Vessels (ESVs) receiving
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) frequency bands and
transmitting in the 14.0–14.5 GHz (Earth-tospace) frequency band, operating with
Geostationary Orbit (GSO) Satellites in the
Fixed-Satellite Service.
(a) The following ongoing
requirements govern all ESV 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) frequency bands and 14.0–14.5
GHz (Earth-to-space) bands transmitting
to GSO satellites in the fixed-satellite
service. ESV licensees must comply
with the requirements in paragraph
(a)(1), (a)(2) or (a)(3) of this section and
all of the requirements set forth in
paragraphs (a)(4) through (a)(8) of this
section. Paragraph (b) of this section
identifies items that must be included in
the application for ESV operations to
demonstrate that these ongoing
requirements will be met.
(1) * * *
(ii) Except for ESV systems operating
under paragraph (a)(3) of this section,
each ESV transmitter must meet one of
the following antenna pointing error
requirements:
*
*
*
*
*
(iii) Except for ESV systems operating
under paragraph (a)(3) of this section,
each ESV transmitter must meet one of
the following cessation of emission
requirements:
*
*
*
*
*
(2) The following requirements shall
apply to an ESV that uses off-axis EIRP
spectral-densities in excess of the levels
in paragraph (a)(1)(i) or (a)(3)(i) of this
section. An ESV or ESV system
operating under this paragraph (a)(2)
shall file certifications and provide a
detailed demonstration(s) as described
in paragraph (b)(2) of this section.
*
*
*
*
*
(iii) The ESV shall operate in
accordance with the off-axis EIRP
spectral-densities that the ESV supplied
to the target satellite operator in order
to obtain the certifications listed in
paragraph (b)(2) of this section. Except
for ESVs with variable power systems,
the ESV shall automatically cease
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emissions within 100 milliseconds if the
ESV transmitter exceeds the off-axis
EIRP spectral-densities supplied to the
target satellite operator. For ESVs using
variable power systems, the individual
ESV transmitter shall automatically
cease or reduce emissions within 100
milliseconds if the ESV transmitter
exceeds the off-axis EIRP-density limits
supplied to the target satellite operator;
the individual transmitter must be selfmonitoring and capable of shutting itself
off; and if one or more ESV transmitters
causes the aggregate off-axis EIRPdensities to exceed the off-axis EIRPdensity limits supplied to the target
satellite operator, then the transmitter or
transmitters shall cease or reduce
emissions within 100 milliseconds of
receiving a command from the system’s
central control and monitoring station.
(3) The following requirements shall
apply to an ESV system that uses
variable power-density control of
individual simultaneously transmitting
co-frequency ESV earth stations in the
same satellite receiving beam unless
that ESV system operates pursuant to
paragraph (a)(2) of this section. An ESV
system operating under this paragraph
(a)(3) shall provide a detailed
demonstration as described in
paragraph (b)(3) of this section.
(i) The effective aggregate EIRPdensity from all terminals shall be at
least 1 dB below the off-axis EIRPdensity limits defined in paragraph
(a)(1)(i) of this section, with the value of
N=1. 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 transmitter operating 1 dB
below the limits defined in paragraph
(a)(1)(i) of this section. An ESV system
operating under this paragraph (a)(3)
shall provide a detailed demonstration
as described in paragraph (b)(3)(i) of this
section.
(ii) The individual ESV transmitter
shall automatically cease or reduce
emissions within 100 milliseconds if the
ESV transmitter exceeds the off-axis
EIRP-density limits specified in
paragraph (a)(3)(i) of this section. The
individual transmitter must be selfmonitoring and capable of shutting itself
off. If one or more ESV transmitters
causes the aggregate off-axis EIRPdensities to exceed the off-axis EIRPdensity limits specified in paragraph
(a)(3)(i) of this section, then the
transmitter or transmitters shall cease or
reduce emissions within 100
milliseconds of receiving a command
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from the system’s central control and
monitoring station.
*
*
*
*
*
(b) Applications for ESV operation in
the 14.0–14.5 GHz (Earth-to-space) band
to GSO satellites in the fixed-satellite
service must include, in addition to the
particulars of operation identified on
Form 312, and associated Schedule B,
the applicable technical demonstrations
in paragraph (b)(1), (b)(2) or (b)(3) of this
section and the documentation
identified in paragraphs (b)(4) through
(b)(7) of this section.
*
*
*
*
*
(2) An ESV 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)
or (a)(3)(i) of this section shall provide
the following certifications and
demonstration(s) as exhibits to its earth
station application:
*
*
*
*
*
(iv) Except for variable power ESV
applicants, a demonstration from the
ESV operator that the ESV 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. Variable power ESV applicants
shall provide a detailed showing that an
individual ESV terminal is capable of
automatically ceasing or reducing
emissions within 100 milliseconds if the
ESV transmitter exceeds the off-axis
EIRP spectral-densities supplied to the
target satellite operator; that the
individual transmitter is self-monitoring
and capable of shutting itself off; and
that one or more transmitters are
capable of automatically ceasing or
reducing emissions within 100
milliseconds of receiving the
appropriate command from the system’s
central control and monitoring station if
the aggregate off-axis EIRP spectraldensities of the transmitter or
transmitters exceed the off-axis EIRP
spectral-densities supplied to the target
satellite operator.
(3) An ESV applicant proposing to
implement an ESV system under
paragraph (a)(3) of this section and
using variable power-density control of
individual simultaneously transmitting
co-frequency ESV earth stations in the
same satellite receiving beam shall
provide the information in paragraphs
(b)(3)(i) and (b)(3)(ii) of this section as
exhibits to its ESV application. The
International Bureau will place these
showings on Public Notice along with
the application.
E:\FR\FM\20AUR1.SGM
20AUR1
Federal Register / Vol. 77, No. 161 / Monday, August 20, 2012 / Rules and Regulations
(i) The ESV applicant shall provide 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
paragraph (a)(1)(i) of this section. In this
context the term ‘‘effective’’ means that
the resultant co-polarized and crosspolarized EIRP-density experienced by
any GSO or non-GSO satellite shall not
exceed that produced by a single ESV
transmitter operating at 1 dB below the
limits defined in paragraph (a)(1)(i) of
this section.
(ii) The ESV applicant shall provide a
detailed showing that an individual ESV
terminal is capable of automatically
ceasing emissions within 100
milliseconds if the ESV transmitter
exceeds the off-axis EIRP-density limit
specified in paragraph (a)(3)(i) of this
section and that the individual
transmitter is self-monitoring and
capable of shutting itself off. The ESV
applicant shall also provide a detailed
showing that one or more transmitters
are capable of automatically ceasing or
reducing emissions within 100
milliseconds of receiving the
appropriate command from the system’s
central control and monitoring station if
the aggregate off-axis EIRP spectraldensities of the transmitter or
transmitters exceed the off-axis EIRPdensity limits specified in paragraph
(a)(3)(i) of this section.
*
*
*
*
*
(7) Except for ESV systems operating
pursuant to paragraph (a)(2) of this
section, ESV systems authorized
pursuant to this section shall be eligible
for a license that lists ALSAT as an
authorized point of communication.
*
*
*
*
*
[FR Doc. 2012–20202 Filed 8–17–12; 8:45 am]
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BILLING CODE 6712–01–P
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Jkt 226001
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 12–1207]
Radio Broadcasting Services; Westley,
CA
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Audio Division
unreserved Channel 239A at Westley,
California for noncommercial
educational (‘‘NCE’’) use by operation of
law since none of the applications in
NCE Reserved Allotment Group No. 8
would provide the requisite level of first
and second NCE use. The window
period for filing applications for
Channel 239A at Westley, California
will not be opened at this time. Instead,
the issue of opening this allotment for
auction for commercial use will be
addressed by the Commission in a
subsequent order. Accordingly, we are
amending the FM Table of Allotments
by removing the NCE ‘‘asterisk’’ from
Channel 239A at Westley, California.
DATES: Effective August 20, 2012 and
applicable July 27, 2012.
FOR FURTHER INFORMATION CONTACT:
Michael Wagner, Media Bureau, (202)
418–2700 or Rolanda F. Smith, Media
Bureau, (202) 418–2700.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Letter,
released July 27, 2012. The full text of
this Commission decision is available
for inspection and copying during
normal business hours in the FCC’s
Reference Information Center at Portals
II, CY–A257, 445 12fth Street SW.,
Washington, DC 20554. This document
may also be purchased from the
Commission’s duplicating contractors,
Best Copy and Printing, Inc., 445 12th
SUMMARY:
PO 00000
Frm 00063
Fmt 4700
Sfmt 9990
50053
Street SW., Room CY–B402,
Washington, DC 20554, telephone 1–
800–378–3160 or via email www.
BCPIWEB.com. This document does not
contain proposed information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. This document is not subject to the
Congressional Review Act. Therefore,
the Commission is not required to
submit a copy of this Report and Order
to the Government Accountability
Office and Congress, pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A) because these rules are
rules of particular applicability and are
not subject to the Commission’s notice
and comment procedures.
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
Federal Communications Commission.
Peter H. Doyle,
Chief, Audio Division, Media Bureau.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 334, 336 and
339.
§ 73.202
[Amended]
2. Section 73.202(b), the Table of FM
Allotments under California, is
amended by removing Channel *239A
and by adding Channel 239A at
Westley.
■
[FR Doc. 2012–19729 Filed 8–17–12; 8:45 am]
BILLING CODE 6712–01–P
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]]>Agencies
[Federal Register Volume 77, Number 161 (Monday, August 20, 2012)]
[Rules and Regulations]
[Pages 50049-50053]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20202]
[[Page 50049]]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[IB Docket No. 02-10; FCC 12-79]
Procedures To Govern the Use of Satellite Earth Stations on Board
Vessels in the 5925-6425 MHz/3700-4200 MHz Bands and 14.0-14.5 GHz/
11.7-12.2 GHz Bands
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) modifies its C-band and Ku-band licensing and service
rules for Earth Stations on Board Vessels (ESVs) in order to promote
greater ESV operational flexibility without causing harmful
interference to the Fixed-Satellite Service (FSS) operators.
DATES: Effective September 19, 2012.
FOR FURTHER INFORMATION CONTACT: Jennifer Balatan or Howard Griboff,
Policy Division, International Bureau, (202) 418-1460.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Order on Reconsideration, adopted on July 17, 2012, and released on
July 19, 2012 (FCC 12-79). The full text of this document is available
for inspection and copying during normal business hours in the
Commission Reference Center, 445 12th Street SW., Washington, DC 20554.
The document is also available for download over the Internet at https://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0719/FCC-12-79A1.doc. The complete text may also be purchased from the Commission's
copy contractor, Best Copy and Printing, in person at 445 12th Street
SW., Room CY-B402, Washington, DC 20554, via telephone at (202) 488-
5300, via facsimile at (202) 488-5563, or via email at
Commission@bcpiweb.com.
Summary of the Second Order on Reconsideration
On December 15, 2004, the Commission adopted the ESV Report and
Order in IB Docket No. 02-10 (ESV Order) (70 FR 4775-01, January 31,
2005, as amended at 40 FR 34665-01, June 15, 2005), establishing
licensing and service rules for ESVs operating in the 5925-6425 MHz/
3700-4200 MHz (C-band) and 14.0-14.5 GHz/11.7-12.2 GHz (Ku-band)
frequencies. On July 30, 2009, the Commission adopted the Order on
Reconsideration (ESV Reconsideration Order), (74 FR 47100-01, September
15, 2009, as amended at 75 FR 7975-01, February 23, 2010) which revises
some of the ESV licensing and service rules adopted in the ESV Order.
In this Second Order on Reconsideration (Second Reconsideration Order),
the Commission revises the ESV rules by adopting requirements for a
certain type of ESV system: a system that operates multiple co-
frequency terminals simultaneously, with each terminal using a
different data rate or power level (variable power ESV system).
Specifically, the Second Reconsideration Order adopts an aggregate
power-density rule that will allow variable power ESV systems to
operate their individual transmitters simultaneously while using
varying off-axis EIRP-density levels instead of requiring each
transmitter within the system to use the same EIRP-density. The
aggregate power-density rule requires variable power ESV systems to
operate at least one dB below the off-axis EIRP-density limits in order
to protect the FSS from harmful interference. In addition, the Order
requires ESV applicants seeking a waiver of the one dB requirement to
file a report regarding their system operations. Further, the Second
Reconsideration Order requires variable power ESV systems to cease
transmissions if the power-density from an individual terminal exceeds
the off-axis EIRP-density limits or the power-density of one or more
terminals causes the aggregate power to exceed the off-axis EIRP-
density limits. The revisions this Second Reconsideration Order adopts
for variable power ESVs should provide greater operational flexibility
for those ESVs while continuing to ensure that the FSS operators are
protected from harmful interference in the C-band and Ku-band.
Final Regulatory Flexibility Certification
The Regulatory Flexibility Act of 1980, as amended (RFA), requires
that a regulatory flexibility analysis be prepared for notice-and-
comment rule making proceedings, unless the agency certifies that ``the
rule will not, if promulgated, have a significant economic impact on a
substantial number of small entities.'' The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one which: (1) Is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the U.S. Small
Business Administration (SBA). In light of the rules adopted in the ESV
Order, we find that there are only two categories of licensees that
would be affected by the new rules. These categories of licensees are
Satellite Telecommunications and Fixed-Satellite Transmit/Receive Earth
Stations. The SBA has determined that the small business size standard
for Satellite Telecommunications is a business that has $15 million or
less in average annual receipts. Currently there are approximately
3,390 operational fixed-satellite transmit/received earth stations
authorized for use in the C- and Ku-bands. 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. Of the two classifications of
licensees, we estimate that only 15 entities will provide ESV service.
For the reasons described below, we certify that the policies and rules
adopted in this Second Reconsideration Order will not have a
significant economic impact on a substantial number of small entities.
In the ESV Order, the Commission established licensing and service
rules for ESVs operating in the 5925-6425 MHz/3700-4200 MHz (C-band)
and 14.0-14.5 GHz/11.7-12.2 GHz (Ku-band) frequencies. These rules
allow ESV operations in the C- and Ku-bands, while ensuring that ESVs
protect the fixed service (FS) and fixed-satellite service (FSS)
operators, and a limited number of Government operations in these bands
from harmful interference. In the Order on Reconsideration, the
Commission clarified and modified certain ESV rules designed to protect
the FSS and the FS in the C- and Ku-bands in order to allow greater
operational flexibility for ESVs. For example, ESVs may operate at
higher off-axis power-density levels as long as the ESV remains within
the parameters of the coordination agreements between the target
satellite and adjacent satellites. In this Second Reconsideration
Order, we further promote operational flexibility while ensuring that
the FSS are protected from harmful interference by adopting an
aggregate power-density rule and a cessation of emission rule for
variable power ESV systems. The Commission does not expect a
substantial number of small entities to be directly impacted by the
rule changes adopted in this Second Reconsideration Order.
Specifically, we
[[Page 50050]]
expect that fewer than ten entities will be affected by the variable
power rule provisions adopted in this Order. In addition, we believe
these new rule provisions will not impose a significant economic impact
on small entities and, in fact, will benefit both large and small
entities utilizing variable power systems by allowing greater
operational flexibility in providing ESV service. Therefore, we certify
that the requirements adopted in this Second Reconsideration Order will
not have a significant economic impact on a substantial number of small
entities.
Final Paperwork Reduction Act of 1995 Analysis
This Order on Reconsideration does not contain new information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. In addition, therefore, it does not contain
any new or modified information collection burden for small business
concerns with fewer than 25 employees, pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4).
Congressional Review Act
The Commission will send a copy of this Second Order on
Reconsideration to Congress and the Government Accountability Office
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
Ordering Clauses
It is ordered that, pursuant to sections 4(i), 7, 302, 303(c),
303(e), 303(f) and 303(r) of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 157, 302, 303(c), 303(e), 303(f) and 303(r),
this Second Order on Reconsideration is adopted. Part 25 of the
Commission's rules is amended, as specified below in the rule
revisions, effective September 19, 2012.
It is further ordered that the Petition for Reconsideration filed
by The Boeing Company is granted in part to the extent described above
and is denied in all other respects.
It is further ordered that the Petition for Reconsideration filed
by ViaSat, Inc. is denied.
It is further ordered that the Final Regulatory Flexibility
Certification, 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 Second Order on Reconsideration including the Final
Regulatory Flexibility Certification, to the Chief Counsel for Advocacy
of the Small Business Administration.
List of Subjects in 47 CFR Part 25
Satellites.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rule
For the reasons discussed above, the Federal Communications
Commission amends 47 CFR part 25 as follows:
PART 25--SATELLITE COMMUNICATIONS
0
1. The authority citation for Part 25 continues to read as follows:
Authority: 47 U.S.C. 701-744. Interprets or applies Sections 4,
301, 302, 303, 307, 309 and 332 of the Communications Act, as
amended, 47 U.S.C. Sections 154, 301, 302, 303, 307, 309, 332,
unless otherwise noted.
0
2. Amend Sec. 25.221 as follows:
0
a. Revise paragraph (a) introductory text;
0
b. Revise paragraphs (a)(1)(ii) introductory text and (a)(1)(iii)
introductory text;
0
c. Revise paragraph (a)(2) introductory text;
0
d. Revise paragraph (a)(2)(iii);
0
e. Redesignate paragraphs (a)(3) through (a)(12) as paragraphs (a)(4)
through (a)(13);
0
f. Add new paragraph (a)(3);
0
g. Revise newly redesignated paragraph (a)(12);
0
h. Revise paragraph (b) introductory text;
0
i. Revise paragraph (b)(2) introductory text;
0
j. Revise paragraph (b)(2)(iv);
0
k. Redesignate paragraphs (b)(3) through (b)(5) as paragraphs (b)(4)
through (b)(6); and
0
l. Add new paragraphs (b)(3) and (b)(7).
Sec. 25.221 Blanket Licensing provisions for Earth Stations on
Vessels (ESVs) receiving in the 3700-4200 MHz (space-to-Earth)
frequency band and transmitting in the 5925-6425 MHz (Earth-to-space)
frequency band, operating with Geostationary Satellite Orbit (GSO)
Satellites in the Fixed-Satellite Service.
(a) The following ongoing requirements govern all ESV licensees and
operations in the 3700-4200 MHz (space-to-Earth) and 5925-6425 MHz
(Earth-to-space) bands transmitting to GSO satellites in the fixed-
satellite service. ESV licensees must comply with the requirements in
paragraph (a)(1), (a)(2) or (a)(3) of this section and all of the
requirements set forth in paragraphs (a)(4) through (a)(13) of this
section. Paragraph (b) of this section identifies items that must be
included in the application for ESV operations to demonstrate that
these ongoing requirements will be met.
(1) * * *
(ii) Except for ESV systems operating under paragraph (a)(3) of
this section, each ESV transmitter must meet one of the following
antenna pointing error requirements:
* * * * *
(iii) Except for ESV systems operating under paragraph (a)(3) of
this section, each ESV transmitter must meet one of the following
cessation of emission requirements:
* * * * *
(2) The following requirements shall apply to an ESV that uses off-
axis EIRP spectral-densities in excess of the levels in paragraph
(a)(1)(i) or (a)(3)(i) of this section. An ESV or ESV system operating
under this paragraph (a)(2) shall file certifications and provide a
detailed demonstration(s) as described in paragraph (b)(2) of this
section.
* * * * *
(iii) The ESV shall operate in accordance with the off-axis EIRP
spectral-densities that the ESV supplied to the target satellite
operator in order to obtain the certifications listed in paragraph
(b)(2) of this section. Except for ESVs with variable power systems,
the ESV shall automatically cease emissions within 100 milliseconds if
the ESV transmitter exceeds the off-axis EIRP spectral-densities
supplied to the target satellite operator. For ESVs using variable
power systems, the individual ESV transmitter shall automatically cease
or reduce emissions within 100 milliseconds if the ESV transmitter
exceeds the off-axis EIRP-density limits supplied to the target
satellite operator; the individual transmitter must be self-monitoring
and capable of shutting itself off; and if one or more ESV transmitters
causes the aggregate off-axis EIRP-densities to exceed the off-axis
EIRP-density limits supplied to the target satellite operator, then the
transmitter or transmitters shall cease or reduce emissions within 100
milliseconds of receiving a command from the system's central control
and monitoring station.
(3) The following requirements shall apply to an ESV system that
uses variable power-density control of individual simultaneously
transmitting co-frequency ESV earth stations in the same satellite
receiving beam unless that ESV system operates pursuant to paragraph
(a)(2) of this section. An ESV system operating under this paragraph
(a)(3) shall provide a detailed
[[Page 50051]]
demonstration as described in paragraph (b)(3) of this section.
(i) The effective aggregate EIRP-density from all terminals shall
be at least 1 dB below the off-axis EIRP-density limits defined in
paragraph (a)(1)(i) of this section, with the value of N = 1. 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 transmitter
operating 1 dB below the off-axis EIRP-density limits defined in
paragraph (a)(1)(i) of this section. An ESV system operating under this
paragraph (a)(3) shall provide a detailed demonstration as described in
paragraph (b)(3)(i) of this section.
(ii) The individual ESV transmitter shall automatically cease or
reduce emissions within 100 milliseconds if the ESV transmitter exceeds
the off-axis EIRP-density limits specified in paragraph (a)(3)(i) of
this section. The individual transmitter must be self-monitoring and
capable of shutting itself off. If one or more ESV transmitters causes
the aggregate off-axis EIRP-densities to exceed the off-axis EIRP-
density limits specified in paragraph (a)(3)(i) of this section, then
the transmitter or transmitters shall cease or reduce emissions within
100 milliseconds of receiving a command from the system's central
control and monitoring station.
* * * * *
(12) ESVs operating within 200 km from the baseline of the United
States, or within 200 km from a U.S.-licensed fixed service offshore
installation, shall complete coordination with potentially affected
U.S.-licensed fixed service operators prior to operation. The
coordination method and the interference criteria objective shall be
determined by the frequency coordinator. The details of the
coordination shall be maintained and available at the frequency
coordinator, and shall be filed with the Commission electronically via
the International Bureau Filing System (https://licensing.fcc.gov/myibfs/) to be placed on public notice. The coordination notifications
must be filed in the form of a statement referencing the relevant call
signs and file numbers. Operation of each individual ESV may commence
immediately after the public notice is released that identifies the
notification sent to the Commission. Continuance of operation of that
ESV for the duration of the coordination term shall be dependent upon
successful completion of the normal public notice process. If, prior to
the end of the 30-day comment period of the public notice, any
objections are received from U.S.-licensed fixed service operators that
have been excluded from coordination, the ESV licensee shall
immediately cease operation of that particular station on frequencies
used by the affected U.S.-licensed fixed service station until the
coordination dispute is resolved and the ESV licensee informs the
Commission of the resolution.
* * * * *
(b) Applications for ESV operation in the 5925-6425 MHz (Earth-to-
space) band to GSO satellites in the Fixed-Satellite Service must
include, in addition to the particulars of operation identified on Form
312, and associated Schedule B, the applicable technical demonstrations
in paragraph (b)(1), (b)(2) or (b)(3) of this section and the
documentation identified in paragraphs (b)(4) through (b)(7) of this
section.
* * * * *
(2) An ESV 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) or (a)(3)(i)
of this section shall provide the following certifications and
demonstration(s) as exhibits to its earth station application:
* * * * *
(iv) Except for variable power ESV applicants, a demonstration from
the ESV operator that the ESV 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. Variable power ESV applicants shall
provide a detailed showing that an individual ESV terminal is capable
of automatically ceasing or reducing emissions within 100 milliseconds
if the ESV transmitter exceeds the off-axis EIRP spectral-densities
supplied to the target satellite operator; that the individual
transmitter is self-monitoring and capable of shutting itself off; and
that one or more transmitters are capable of automatically ceasing or
reducing emissions within 100 milliseconds of receiving the appropriate
command from the system's central control and monitoring station if the
aggregate off-axis EIRP spectral-densities of the transmitter or
transmitters exceed the off-axis EIRP spectral-densities supplied to
the target satellite operator.
(3) An ESV applicant proposing to implement an ESV system under
paragraph (a)(3) of this section and using variable power-density
control of individual simultaneously transmitting co-frequency ESV
earth stations in the same satellite receiving beam shall provide the
information in paragraphs (b)(3)(i) and (b)(3)(ii) of this section as
exhibits to its earth station application. The International Bureau
will place these showings on Public Notice along with the application.
(i) The ESV applicant shall provide 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 paragraph (a)(1)(i) 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 ESV
transmitter operating at 1 dB below the limits defined in paragraph
(a)(1)(i) of this section.
(ii) The ESV applicant shall provide a detailed showing that an
individual ESV terminal is capable of automatically ceasing or reducing
emissions within 100 milliseconds if the ESV transmitter exceeds the
off-axis EIRP-density limit specified in paragraph (a)(3)(i) of this
section and that the individual transmitter is self-monitoring and
capable of shutting itself off. The ESV applicant shall also provide a
detailed showing that one or more transmitters are capable of
automatically ceasing or reducing emissions within 100 milliseconds of
receiving the appropriate command from the system's central control and
monitoring station if the aggregate off-axis EIRP spectral-densities of
the transmitter or transmitters exceed the off-axis EIRP-density limits
specified in paragraph (a)(3)(i) of this section.
* * * * *
(7) Except for ESV systems operating pursuant to paragraph (a)(2)
of this section, ESV systems authorized pursuant to this section shall
be eligible for a license that lists ALSAT as an authorized point of
communication.
0
3. Amend Sec. 25.222 as follows:
0
a. Revise paragraph (a) introductory text;
0
b. Revise paragraphs (a)(1)(ii) introductory text and (a)(1)(iii)
introductory text;
0
c. Revise paragraph (a)(2) introductory text;
0
d. Revise paragraph (a)(2)(iii);
0
e. Redesignate paragraphs (a)(3) through (a)(7) as paragraphs (a)(4)
through (a)(8);
0
f. Add new paragraph (a)(3);
[[Page 50052]]
0
g. Revise paragraph (b) introductory text;
0
h. Revise paragraph (b)(2) introductory text;
0
i. Revise paragraph (b)(2)(iv);
0
j. Redesignate paragraphs (b)(3) through (b)(5) as paragraphs (b)(4)
through (b)(6); and
0
k. Add new paragraphs (b)(3) and (b)(7).
Sec. 25.222 Blanket Licensing provisions for Earth Stations on
Vessels (ESVs) receiving 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) frequency
bands and transmitting in the 14.0-14.5 GHz (Earth-to-space) frequency
band, operating with Geostationary Orbit (GSO) Satellites in the Fixed-
Satellite Service.
(a) The following ongoing requirements govern all ESV 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) frequency bands and
14.0-14.5 GHz (Earth-to-space) bands transmitting to GSO satellites in
the fixed-satellite service. ESV licensees must comply with the
requirements in paragraph (a)(1), (a)(2) or (a)(3) of this section and
all of the requirements set forth in paragraphs (a)(4) through (a)(8)
of this section. Paragraph (b) of this section identifies items that
must be included in the application for ESV operations to demonstrate
that these ongoing requirements will be met.
(1) * * *
(ii) Except for ESV systems operating under paragraph (a)(3) of
this section, each ESV transmitter must meet one of the following
antenna pointing error requirements:
* * * * *
(iii) Except for ESV systems operating under paragraph (a)(3) of
this section, each ESV transmitter must meet one of the following
cessation of emission requirements:
* * * * *
(2) The following requirements shall apply to an ESV that uses off-
axis EIRP spectral-densities in excess of the levels in paragraph
(a)(1)(i) or (a)(3)(i) of this section. An ESV or ESV system operating
under this paragraph (a)(2) shall file certifications and provide a
detailed demonstration(s) as described in paragraph (b)(2) of this
section.
* * * * *
(iii) The ESV shall operate in accordance with the off-axis EIRP
spectral-densities that the ESV supplied to the target satellite
operator in order to obtain the certifications listed in paragraph
(b)(2) of this section. Except for ESVs with variable power systems,
the ESV shall automatically cease emissions within 100 milliseconds if
the ESV transmitter exceeds the off-axis EIRP spectral-densities
supplied to the target satellite operator. For ESVs using variable
power systems, the individual ESV transmitter shall automatically cease
or reduce emissions within 100 milliseconds if the ESV transmitter
exceeds the off-axis EIRP-density limits supplied to the target
satellite operator; the individual transmitter must be self-monitoring
and capable of shutting itself off; and if one or more ESV transmitters
causes the aggregate off-axis EIRP-densities to exceed the off-axis
EIRP-density limits supplied to the target satellite operator, then the
transmitter or transmitters shall cease or reduce emissions within 100
milliseconds of receiving a command from the system's central control
and monitoring station.
(3) The following requirements shall apply to an ESV system that
uses variable power-density control of individual simultaneously
transmitting co-frequency ESV earth stations in the same satellite
receiving beam unless that ESV system operates pursuant to paragraph
(a)(2) of this section. An ESV system operating under this paragraph
(a)(3) shall provide a detailed demonstration as described in paragraph
(b)(3) of this section.
(i) The effective aggregate EIRP-density from all terminals shall
be at least 1 dB below the off-axis EIRP-density limits defined in
paragraph (a)(1)(i) of this section, with the value of N=1. 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 transmitter
operating 1 dB below the limits defined in paragraph (a)(1)(i) of this
section. An ESV system operating under this paragraph (a)(3) shall
provide a detailed demonstration as described in paragraph (b)(3)(i) of
this section.
(ii) The individual ESV transmitter shall automatically cease or
reduce emissions within 100 milliseconds if the ESV transmitter exceeds
the off-axis EIRP-density limits specified in paragraph (a)(3)(i) of
this section. The individual transmitter must be self-monitoring and
capable of shutting itself off. If one or more ESV transmitters causes
the aggregate off-axis EIRP-densities to exceed the off-axis EIRP-
density limits specified in paragraph (a)(3)(i) of this section, then
the transmitter or transmitters shall cease or reduce emissions within
100 milliseconds of receiving a command from the system's central
control and monitoring station.
* * * * *
(b) Applications for ESV operation in the 14.0-14.5 GHz (Earth-to-
space) band to GSO satellites in the fixed-satellite service must
include, in addition to the particulars of operation identified on Form
312, and associated Schedule B, the applicable technical demonstrations
in paragraph (b)(1), (b)(2) or (b)(3) of this section and the
documentation identified in paragraphs (b)(4) through (b)(7) of this
section.
* * * * *
(2) An ESV 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) or (a)(3)(i)
of this section shall provide the following certifications and
demonstration(s) as exhibits to its earth station application:
* * * * *
(iv) Except for variable power ESV applicants, a demonstration from
the ESV operator that the ESV 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. Variable power ESV applicants shall
provide a detailed showing that an individual ESV terminal is capable
of automatically ceasing or reducing emissions within 100 milliseconds
if the ESV transmitter exceeds the off-axis EIRP spectral-densities
supplied to the target satellite operator; that the individual
transmitter is self-monitoring and capable of shutting itself off; and
that one or more transmitters are capable of automatically ceasing or
reducing emissions within 100 milliseconds of receiving the appropriate
command from the system's central control and monitoring station if the
aggregate off-axis EIRP spectral-densities of the transmitter or
transmitters exceed the off-axis EIRP spectral-densities supplied to
the target satellite operator.
(3) An ESV applicant proposing to implement an ESV system under
paragraph (a)(3) of this section and using variable power-density
control of individual simultaneously transmitting co-frequency ESV
earth stations in the same satellite receiving beam shall provide the
information in paragraphs (b)(3)(i) and (b)(3)(ii) of this section as
exhibits to its ESV application. The International Bureau will place
these showings on Public Notice along with the application.
[[Page 50053]]
(i) The ESV applicant shall provide 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 paragraph (a)(1)(i) 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 ESV
transmitter operating at 1 dB below the limits defined in paragraph
(a)(1)(i) of this section.
(ii) The ESV applicant shall provide a detailed showing that an
individual ESV terminal is capable of automatically ceasing emissions
within 100 milliseconds if the ESV transmitter exceeds the off-axis
EIRP-density limit specified in paragraph (a)(3)(i) of this section and
that the individual transmitter is self-monitoring and capable of
shutting itself off. The ESV applicant shall also provide a detailed
showing that one or more transmitters are capable of automatically
ceasing or reducing emissions within 100 milliseconds of receiving the
appropriate command from the system's central control and monitoring
station if the aggregate off-axis EIRP spectral-densities of the
transmitter or transmitters exceed the off-axis EIRP-density limits
specified in paragraph (a)(3)(i) of this section.
* * * * *
(7) Except for ESV systems operating pursuant to paragraph (a)(2)
of this section, ESV systems authorized pursuant to this section shall
be eligible for a license that lists ALSAT as an authorized point of
communication.
* * * * *
[FR Doc. 2012-20202 Filed 8-17-12; 8:45 am]
BILLING CODE 6712-01-P
