Amendment of the Commission's Rules To Allocate Spectrum and Adopt Service Rules and Procedures To Govern the Use of Vehicle-Mounted Earth Stations in Certain Frequency Bands Allocated to the Fixed-Satellite Service, 9602-9604 [2013-03020]
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Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Rules and Regulations
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FEDERAL COMMUNICATIONS
COMMISSION
James A. Walke,
Acting Deputy Associate Administrator for
Mitigation, Department of Homeland
Security, Federal Emergency Management
Agency.
47 CFR Part 25
[FR Doc. 2013–02946 Filed 2–8–13; 8:45 am]
BILLING CODE 9110–12–P
[IB Docket No. 07–101; FCC 13–1]
Amendment of the Commission’s
Rules To Allocate Spectrum and Adopt
Service Rules and Procedures To
Govern the Use of Vehicle-Mounted
Earth Stations in Certain Frequency
Bands Allocated to the Fixed-Satellite
Service
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) modifies its rules for
Vehicle-Mounted Earth Stations (VMES)
in order to promote greater flexibility for
VMES operators, which, in turn, should
enable the VMES industry to create
more spectrally-efficient broadband
erowe on DSK2VPTVN1PROD with RULES
SUMMARY:
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14:06 Feb 08, 2013
Jkt 229001
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
solutions in the Ku-band without
causing harmful interference to FixedSatellite Service (FSS) providers and
without exposing the general public to
harmful radiofrequency radiation.
DATES: Effective March 13, 2013.
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 Order on
Reconsideration, adopted on January 4,
2013, and released on January 8, 2013
(FCC 13–1). 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://hraunfoss.fcc.gov/
edocs_public/attachmatch/FCC-131A1.doc. The complete text may also be
purchased from the Commission’s copy
E:\FR\FM\11FER1.SGM
11FER1
Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Rules and Regulations
erowe on DSK2VPTVN1PROD with RULES
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 Order on
Reconsideration
On June 30, 2009, the Commission
adopted the VMES Report and Order in
IB Docket No. 07–101 (VMES Order) (74
FR 57092–01, November 4, 2009, as
amended at 75 FR 1285–01, January 11,
2010), establishing licensing and service
rules for VMES operating in the 14.0–
14.5 GHz/11.7–12.2 GHz (Ku-band)
frequencies. In this Order on
Reconsideration (Reconsideration
Order), the Commission addresses three
issues raised by the Petitioners with
respect the VMES rules that the
Commission adopted in the VMES
Order to protect Fixed-Satellite Service
(FSS) providers from harmful
interference and to protect the general
public from exposure to harmful
radiofrequency radiation. First, the
Reconsideration Order eases the
technical requirements for a certain type
of VMES system—a variable powerdensity VMES system—including
modifying the off-axis effective
isotropically radiated power (EIRP)density provisions in section
25.226(a)(3) to enable these systems to
operate their terminals more efficiently
and effectively. Specifically, the
Reconsideration Order grants the
Petitioners’ requests to give variable
power-density VMES systems ALSAT
authority. The Reconsideration Order
also permits variable power-density
VMES systems to operate terminals with
varying levels of power-densities by
defining N equal to 1 for these systems
in the off-axis EIRP-density limits. The
Reconsideration Order declines the
Petitioners’ proposals to eliminate the
requirement for variable power-density
VMES systems to maintain powerdensity 1 dB below the off-axis EIRPdensity limits. Rather than eliminate the
1 dB requirement, the Reconsideration
Order concludes that VMES applicants
should request a waiver of the 1 dB
requirement in order to allow those
systems to improve spectral efficiency
without compromising the FSS’
protection. VMES applicants that seek a
waiver of the 1 dB requirement must file
a report regarding their system
operations along with their waiver
request. The Reconsideration Order also
requires variable power-density VMES
to cease or reduce transmissions if those
VMES exceed the power-density limits
for variable power-density systems.
Second, the Reconsideration Order
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14:06 Feb 08, 2013
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declines ViaSat’s request to clarify the
antenna pointing error provisions in the
VMES rules. Third, the Reconsideration
Order adopts ViaSat’s proposal, in part,
to relax the cessation of emission
requirement in section 25.226(a)(9), a
rule that is designed to minimize human
exposure to radiofrequency radiation.
The revisions should promote
operational flexibility and spectral
efficiency in the Ku-band. At the same
time, these revisions should continue to
ensure that the VMES operators protect
the FSS operators from harmful
interference and protect the general
public from harmful exposure to
radiofrequency radiation.
Final Regulatory Flexibility
Certification—Reconsideration Order
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 VMES 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. Commission records
reveal that there are 20 space station
licensees and operators in the Ku-band.
We do not request or collect annual
revenue information concerning such
licensees and operators, and thus are
unable to estimate the number of
geostationary space station licensees
and operators that would constitute a
small business under the SBA definition
cited above, or apply any rules
providing special consideration for
geostationary space station licensees
and operators that are small businesses.
Currently there are approximately 2,879
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
9603
operational fixed-satellite transmit/
received earth stations authorized for
use in the Ku-band. The Commission
does not request or collect annual
revenue information, and thus is unable
to estimate the number of earth stations
that would constitute a small business
under the SBA definition. Of the two
classifications of licensees, we estimate
that only 10 entities will provide VMES
service. For the reasons described
below, we certify that the policies and
rules adopted in this Reconsideration
Order will not have a significant
economic impact on a substantial
number of small entities.
In the VMES Order, the Commission
adopted domestic U.S. allocation,
service and licensing rules (VMES rules)
that allow VMES to operate in the
conventional and extended Ku-band
frequencies while adhering to the
Commission’s two-degree satellite
spacing interference avoidance
requirements of the Ku-band FSS. The
‘‘conventional’’ Ku-band refers to
frequencies in the 11.7–12.2 GHz
(downlink) and 14.0–14.5 GHz (uplink)
bands and the covered ‘‘extended Kuband’’ includes the 10.95–11.2 GHz and
11.45–11.7 GHz (downlink) bands. The
VMES rules enable the VMES to operate
as a primary application of the FSS in
the conventional bands. In the extended
band frequencies, VMES may be
authorized to communicate with
geostationary satellite orbit FSS space
stations but must accept interference
from stations of the Fixed Service (FS)
operating in accordance with the
Commission’s rules. The VMES rules
promote spectrum sharing with certain
secondary incumbent services in the
uplink bands, including government
space research service and radio
astronomy service.
The Commission does not expect
small entities to incur significant costs
associated with the changes adopted in
this Reconsideration Order. The changes
will benefit both large and small entities
by allowing greater operational
flexibility in providing VMES service.
We believe these requirements are
nominal and do not impose a significant
economic impact on small entities.
Therefore, we certify that the
requirements adopted in this
Reconsideration Order will not have a
significant economic impact on a
substantial number of small entities.
Final Paperwork Reduction Act of 1995
Analysis—Reconsideration Order
This Reconsideration Order does not
contain new or modified information
collection requirements subject to the
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13. In addition,
E:\FR\FM\11FER1.SGM
11FER1
9604
Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Rules and Regulations
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). The Commission will
send a copy of this Reconsideration
Order 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 Order on Reconsideration is
adopted. Part 25 of the Commission’s
Rules is amended March 13, 2013.
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 granted in part to the extent described
above and is denied in all other
respects.
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 Order on Reconsideration including
the Final Regulatory Flexibility
Certification, to the Chief Counsel for
Advocacy of the Small Business
Administration.
The Commission will send a copy of
this Order on Reconsideration in a
report to be sent to Congress and the
Government Accountability Office
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 25
Satellites.
Federal Communications Commission.
Marlene Dortch,
Secretary.
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Final Rules
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:
■
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14:06 Feb 08, 2013
Jkt 229001
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 Section 25.226 as follows:
a. Revise the introductory text of
paragraphs (a)(1)(ii) and (iii);
■ b. Revise paragraph (a)(3)(i);
■ c. Remove paragraph (a)(3)(iii);
■ d. Revise paragraph (a)(9);
■ e. Revise paragraph (b)(3)(i);
■ f. Remove paragraph (b)(3)(iii);
■ g. Revise the last sentence of
paragraph (b)(8); and
■ h. Add paragraph (b)(9).
The revisions and addition read as
follows:
■
■
§ 25.226 Blanket Licensing provisions for
domestic, U.S. Vehicle-Mounted Earth
Stations (VMESs) receiving in the 10.95–
11.2 GHz (space-to-Earth), 11.45–11.7 GHz
(space-to-Earth), and 11.7–12.2 GHz (spaceto-Earth) frequency bands and transmitting
in the 14.0–14.5 GHz (Earth-to-space)
frequency band, operating with
Geostationary Satellites in the FixedSatellite Service
(a) * * *
(1) * * *
(ii) Except for VMES systems
operating under paragraph (a)(3), each
VMES transmitter must meet one of the
following antenna pointing error
requirements:
*
*
*
*
*
(iii) Except for VMES systems
operating under paragraph (a)(3), each
VMES transmitter must meet of one the
following cessation of emission
requirements:
*
*
*
*
*
(3) * * *
(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. The individual
VMES transmitter shall automatically
cease emissions within 100
milliseconds if the VMES transmitter
exceeds the off-axis EIRP-density limits
minus 1 dB specified above. If one or
more VMES transmitters causes the
aggregate off-axis EIRP-densities to
exceed the off-axis EIRP-density limits
minus 1 dB specified above, then the
transmitter or transmitters shall cease or
reduce emissions within 100
milliseconds of receiving a command
PO 00000
Frm 00030
Fmt 4700
Sfmt 9990
from the system’s network control and
monitoring center. A VMES system
operating under this subsection shall
provide a detailed demonstration as
described in paragraph (b)(3)(i) of this
section.
*
*
*
*
*
(9) Each VMES terminal shall
automatically cease transmitting upon
the loss of synchronization or within 5
seconds upon loss of reception of the
satellite downlink signal, whichever is
the shorter timeframe.
(b) * * *
(3) * * *
(i) The applicant shall make a detailed
showing of the measures it intends to
employ to maintain the effective
aggregate EIRP-density from all
simultaneously transmitting cofrequency terminals operating with the
same satellite transponder at least 1 dB
below the off-axis EIRP-density limits
defined in paragraphs (a)(1)(i)(A)
through (C) of this section. In this
context the term ‘‘effective’’ means that
the resultant co-polarized and crosspolarized EIRP-density experienced by
any GSO or non-GSO satellite shall not
exceed that produced by a single VMES
transmitter operating at 1 dB below the
limits defined in paragraphs (a)(1)(i)(A)
through (C) of this section. The
applicant also must demonstrate that an
individual transmitter and the entire
VMES system is capable of
automatically ceasing emissions within
100 milliseconds if the aggregate off-axis
EIRP-densities exceed the off-axis EIRPdensity limits minus 1 dB, as set forth
in paragraph (a)(3)(i) of this section. The
International Bureau will place this
showing on public notice along with the
application.
*
*
*
*
*
(8) * * *. All VMES applicants shall
demonstrate that their VMES terminals
are capable of automatically ceasing
transmissions upon the loss of
synchronization or within 5 seconds
upon loss of reception of the satellite
downlink signal, whichever is the
shorter timeframe.
(9) Except for VMES systems
operating pursuant to paragraphs (a)(2)
and (a)(3)(ii) of this section, VMES
systems authorized pursuant to this
section shall be eligible for a license that
lists ALSAT as an authorized point of
communication.
*
*
*
*
*
[FR Doc. 2013–03020 Filed 2–8–13; 8:45 am]
BILLING CODE 6712–01–P
E:\FR\FM\11FER1.SGM
11FER1
Agencies
[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Rules and Regulations]
[Pages 9602-9604]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03020]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[IB Docket No. 07-101; FCC 13-1]
Amendment of the Commission's Rules To Allocate Spectrum and
Adopt Service Rules and Procedures To Govern the Use of Vehicle-Mounted
Earth Stations in Certain Frequency Bands Allocated to the Fixed-
Satellite Service
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) modifies its rules for Vehicle-Mounted Earth Stations
(VMES) in order to promote greater flexibility for VMES operators,
which, in turn, should enable the VMES industry to create more
spectrally-efficient broadband solutions in the Ku-band without causing
harmful interference to Fixed-Satellite Service (FSS) providers and
without exposing the general public to harmful radiofrequency
radiation.
DATES: Effective March 13, 2013.
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 Order
on Reconsideration, adopted on January 4, 2013, and released on January
8, 2013 (FCC 13-1). 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://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-13-1A1.doc. The
complete text may also be purchased from the Commission's copy
[[Page 9603]]
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 Order on Reconsideration
On June 30, 2009, the Commission adopted the VMES Report and Order
in IB Docket No. 07-101 (VMES Order) (74 FR 57092-01, November 4, 2009,
as amended at 75 FR 1285-01, January 11, 2010), establishing licensing
and service rules for VMES operating in the 14.0-14.5 GHz/11.7-12.2 GHz
(Ku-band) frequencies. In this Order on Reconsideration
(Reconsideration Order), the Commission addresses three issues raised
by the Petitioners with respect the VMES rules that the Commission
adopted in the VMES Order to protect Fixed-Satellite Service (FSS)
providers from harmful interference and to protect the general public
from exposure to harmful radiofrequency radiation. First, the
Reconsideration Order eases the technical requirements for a certain
type of VMES system--a variable power-density VMES system--including
modifying the off-axis effective isotropically radiated power (EIRP)-
density provisions in section 25.226(a)(3) to enable these systems to
operate their terminals more efficiently and effectively. Specifically,
the Reconsideration Order grants the Petitioners' requests to give
variable power-density VMES systems ALSAT authority. The
Reconsideration Order also permits variable power-density VMES systems
to operate terminals with varying levels of power-densities by defining
N equal to 1 for these systems in the off-axis EIRP-density limits. The
Reconsideration Order declines the Petitioners' proposals to eliminate
the requirement for variable power-density VMES systems to maintain
power-density 1 dB below the off-axis EIRP-density limits. Rather than
eliminate the 1 dB requirement, the Reconsideration Order concludes
that VMES applicants should request a waiver of the 1 dB requirement in
order to allow those systems to improve spectral efficiency without
compromising the FSS' protection. VMES applicants that seek a waiver of
the 1 dB requirement must file a report regarding their system
operations along with their waiver request. The Reconsideration Order
also requires variable power-density VMES to cease or reduce
transmissions if those VMES exceed the power-density limits for
variable power-density systems. Second, the Reconsideration Order
declines ViaSat's request to clarify the antenna pointing error
provisions in the VMES rules. Third, the Reconsideration Order adopts
ViaSat's proposal, in part, to relax the cessation of emission
requirement in section 25.226(a)(9), a rule that is designed to
minimize human exposure to radiofrequency radiation. The revisions
should promote operational flexibility and spectral efficiency in the
Ku-band. At the same time, these revisions should continue to ensure
that the VMES operators protect the FSS operators from harmful
interference and protect the general public from harmful exposure to
radiofrequency radiation.
Final Regulatory Flexibility Certification--Reconsideration Order
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
VMES 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. Commission records reveal
that there are 20 space station licensees and operators in the Ku-band.
We do not request or collect annual revenue information concerning such
licensees and operators, and thus are unable to estimate the number of
geostationary space station licensees and operators that would
constitute a small business under the SBA definition cited above, or
apply any rules providing special consideration for geostationary space
station licensees and operators that are small businesses. Currently
there are approximately 2,879 operational fixed-satellite transmit/
received earth stations authorized for use in the Ku-band. The
Commission does not request or collect annual revenue information, and
thus is unable to estimate the number of earth stations that would
constitute a small business under the SBA definition. Of the two
classifications of licensees, we estimate that only 10 entities will
provide VMES service. For the reasons described below, we certify that
the policies and rules adopted in this Reconsideration Order will not
have a significant economic impact on a substantial number of small
entities.
In the VMES Order, the Commission adopted domestic U.S. allocation,
service and licensing rules (VMES rules) that allow VMES to operate in
the conventional and extended Ku-band frequencies while adhering to the
Commission's two-degree satellite spacing interference avoidance
requirements of the Ku-band FSS. The ``conventional'' Ku-band refers to
frequencies in the 11.7-12.2 GHz (downlink) and 14.0-14.5 GHz (uplink)
bands and the covered ``extended Ku-band'' includes the 10.95-11.2 GHz
and 11.45-11.7 GHz (downlink) bands. The VMES rules enable the VMES to
operate as a primary application of the FSS in the conventional bands.
In the extended band frequencies, VMES may be authorized to communicate
with geostationary satellite orbit FSS space stations but must accept
interference from stations of the Fixed Service (FS) operating in
accordance with the Commission's rules. The VMES rules promote spectrum
sharing with certain secondary incumbent services in the uplink bands,
including government space research service and radio astronomy
service.
The Commission does not expect small entities to incur significant
costs associated with the changes adopted in this Reconsideration
Order. The changes will benefit both large and small entities by
allowing greater operational flexibility in providing VMES service. We
believe these requirements are nominal and do not impose a significant
economic impact on small entities. Therefore, we certify that the
requirements adopted in this Reconsideration Order will not have a
significant economic impact on a substantial number of small entities.
Final Paperwork Reduction Act of 1995 Analysis--Reconsideration Order
This Reconsideration Order does not contain new or modified
information collection requirements subject to the Paperwork Reduction
Act of 1995 (PRA), Public Law 104-13. In addition,
[[Page 9604]]
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). The Commission will send
a copy of this Reconsideration Order 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 Order on Reconsideration is adopted. Part 25 of the Commission's
Rules is amended March 13, 2013.
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 granted in part to the extent described above and is
denied in all other respects.
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 Order on Reconsideration including the Final Regulatory
Flexibility Certification, to the Chief Counsel for Advocacy of the
Small Business Administration.
The Commission will send a copy of this Order on Reconsideration in
a report to be sent to Congress and the Government Accountability
Office pursuant to the Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
List of Subjects in 47 CFR Part 25
Satellites.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
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 Section 25.226 as follows:
0
a. Revise the introductory text of paragraphs (a)(1)(ii) and (iii);
0
b. Revise paragraph (a)(3)(i);
0
c. Remove paragraph (a)(3)(iii);
0
d. Revise paragraph (a)(9);
0
e. Revise paragraph (b)(3)(i);
0
f. Remove paragraph (b)(3)(iii);
0
g. Revise the last sentence of paragraph (b)(8); and
0
h. Add paragraph (b)(9).
The revisions and addition read as follows:
Sec. 25.226 Blanket Licensing provisions for domestic, U.S. Vehicle-
Mounted Earth Stations (VMESs) receiving in the 10.95-11.2 GHz (space-
to-Earth), 11.45-11.7 GHz (space-to-Earth), and 11.7-12.2 GHz (space-
to-Earth) frequency bands and transmitting in the 14.0-14.5 GHz (Earth-
to-space) frequency band, operating with Geostationary Satellites in
the Fixed-Satellite Service
(a) * * *
(1) * * *
(ii) Except for VMES systems operating under paragraph (a)(3), each
VMES transmitter must meet one of the following antenna pointing error
requirements:
* * * * *
(iii) Except for VMES systems operating under paragraph (a)(3),
each VMES transmitter must meet of one the following cessation of
emission requirements:
* * * * *
(3) * * *
(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. The individual VMES transmitter shall automatically cease
emissions within 100 milliseconds if the VMES transmitter exceeds the
off-axis EIRP-density limits minus 1 dB specified above. If one or more
VMES transmitters causes the aggregate off-axis EIRP-densities to
exceed the off-axis EIRP-density limits minus 1 dB specified above,
then the transmitter or transmitters shall cease or reduce emissions
within 100 milliseconds of receiving a command from the system's
network control and monitoring center. A VMES system operating under
this subsection shall provide a detailed demonstration as described in
paragraph (b)(3)(i) of this section.
* * * * *
(9) Each VMES terminal shall automatically cease transmitting upon
the loss of synchronization or within 5 seconds upon loss of reception
of the satellite downlink signal, whichever is the shorter timeframe.
(b) * * *
(3) * * *
(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 off-axis EIRP-
density limits defined in paragraphs (a)(1)(i)(A) through (C) of this
section. In this context the term ``effective'' means that the
resultant co-polarized and cross-polarized EIRP-density experienced by
any GSO or non-GSO satellite shall not exceed that produced by a single
VMES transmitter operating at 1 dB below the limits defined in
paragraphs (a)(1)(i)(A) through (C) of this section. The applicant also
must demonstrate that an individual transmitter and the entire VMES
system is capable of automatically ceasing emissions within 100
milliseconds if the aggregate off-axis EIRP-densities exceed the off-
axis EIRP-density limits minus 1 dB, as set forth in paragraph
(a)(3)(i) of this section. The International Bureau will place this
showing on public notice along with the application.
* * * * *
(8) * * *. All VMES applicants shall demonstrate that their VMES
terminals are capable of automatically ceasing transmissions upon the
loss of synchronization or within 5 seconds upon loss of reception of
the satellite downlink signal, whichever is the shorter timeframe.
(9) Except for VMES systems operating pursuant to paragraphs (a)(2)
and (a)(3)(ii) of this section, VMES systems authorized pursuant to
this section shall be eligible for a license that lists ALSAT as an
authorized point of communication.
* * * * *
[FR Doc. 2013-03020 Filed 2-8-13; 8:45 am]
BILLING CODE 6712-01-P