Information Collection Being Reviewed by the Federal Communications Commission, 13666-13669 [2013-04706]

Download as PDF 13666 Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES requirements of Rules of Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. In determining the appropriate action to take, the Commission will consider all protests filed, but only those who file a motion to intervene in accordance with the Commission’s Rules may become a party to the proceeding. Any protests or motions to intervene must be received on or before the specified deadline date for the particular proceeding. o. Filing and Service of Responsive Documents—Any filing must (1) bear in all capital letters the title ‘‘COMMENTS’’, ‘‘PROTEST’’, or ‘‘MOTION TO INTERVENE,’’ as applicable; (2) set forth in the heading the project number of the proceeding to which the filing responds; (3) furnish the name, address, and telephone number of the person commenting, protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, protests or motions to intervene must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). All comments, protests, or motions to intervene should relate to project works which are the subject of the termination of exemption. A copy of any protest or motion to intervene must be served upon each representative of the Exemptee specified in item g above. If an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. A copy of all other filings in reference to this notice must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010. p. Agency Comments—Federal, state, and local agencies are invited to file comments on the described proceeding. If any agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. Dated: February 21, 2013. Kimberly D. Bose, Secretary. [FR Doc. 2013–04657 Filed 2–27–13; 8:45 am] BILLING CODE 6717–01–P VerDate Mar<15>2010 19:12 Feb 27, 2013 Jkt 229001 EXPORT-IMPORT BANK [Public Notice 2013–0015] Application for Final Commitment for a Long-Term Loan or Financial Guarantee in Excess of $100 Million: AP086677XX Export-Import Bank of the United States. ACTION: Notice. AGENCY: This Notice is to inform the public, in accordance with Section 3(c)(10) of the Charter of the ExportImport Bank of the United States (‘‘ExIm Bank’’), that Ex-Im Bank has received an application for final commitment for a long-term loan or financial guarantee in excess of $100 million (as calculated in accordance with Section 3(c)(10) of the Charter). Comments received within the comment period specified below will be presented to the Ex-Im Bank Board of Directors prior to final action on this Transaction. Reference: AP086677XX. Purpose and Use: Brief description of the purpose of the transaction: A direct loan to a Hong Kong-based company to support the procurement of two U.S. manufactured satellites as well as U.S. launch services and launch insurance. Brief non-proprietary description of the anticipated use of the items being exported: The loan will enable the Hong Kong based company to finance the construction and launch of two U.S. manufactured satellites. The satellites are expected to provide additional capacity to broadcasting and telecommunications companies in the company’s existing customer base in North East Asia, MENA, South Asia, Australia and ASEAN as well as potential growth in other markets such as India and Australasia. To the extent that Ex-Im Bank is reasonably aware, the item(s) being exported are not expected to produce exports or provide services in competition with the exportation of goods or provision of services by a United States industry. Parties: Principal Supplier(s): • Space Systems/Loral Inc. • Space Exploration Technologies Corporation. Obligor: Asia Satellite Telecommunications Company Limited. Guarantor(s): N/A. Description of Items Being Exported: To finance the construction and launch of two U.S. manufactured satellites and related ground facility equipment, data SUMMARY: PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 and services, U.S. launch services and launch insurance. Information On Decision: Information on the final decision for this transaction will be available in the ‘‘Summary Minutes of Meetings of Board of Directors’’ on http://www.exim.gov/ newsandevents/boardmeetings/board/. Confidential Information: Please note that this notice does not include confidential or proprietary business information; information which, if disclosed, would violate the Trade Secrets Act; or information which would jeopardize jobs in the United States by supplying information that competitors could use to compete with companies in the United States. DATES: Comments must be received on or before March 25, 2013 to be assured of consideration before final consideration of the transaction by the Board of Directors of Ex-Im Bank. ADDRESSES: Comments may be submitted through Regulations.gov at www.regulations.gov. To submit a comment, enter EIB–2013–0015 the heading ‘‘Enter Keyword or ID’’ and select Search. Follow the instructions provided at the Submit a Comment screen. Please include your name, company name (if any) and EIB–2013– 0015 on any attached document. Sharon A. Whitt, Records Clearance Officer. [FR Doc. 2013–04572 Filed 2–27–13; 8:45 am] BILLING CODE 6690–01–P FEDERAL COMMUNICATIONS COMMISSION Information Collection Being Reviewed by the Federal Communications Commission Federal Communications Commission. ACTION: Notice and request for comments. AGENCY: The Federal Communications Commission (FCC), as part of its continuing effort to reduce paperwork burdens, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection, as required by the Paperwork Reduction Act (PRA) of 1995. Comments are requested concerning whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission’s burden estimate; ways to enhance the quality, utility, and SUMMARY: E:\FR\FM\28FEN1.SGM 28FEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Notices clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid Office of Management and Budget (OMB) control number. DATES: Written PRA comments should be submitted on or before April 29, 2013. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: Direct all PRA comments to the Federal Communications Commission via email to PRA@fcc.gov and Cathy.Williams@fcc.gov. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection, contact Cathy Williams at (202) 418–2918. SUPPLEMENTARY INFORMATION: OMB Approval Number: 3060–XXXX. Title: Earth Stations Aboard Aircraft (ESAA). Form Number: Not applicable. Type of Review: New information collection. Respondents: Businesses or other forprofit entities. Number of Respondents and Responses: 6 respondents and 54 responses. Estimated Time per Response: 1–4 hours. Frequency of Response: On occasion reporting requirement; Third-party disclosure requirement. Total Annual Burden: 114 hours. Total Annual Costs: $16,200. Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information. Obligation to Respond: Required to obtain or retain benefits. The Commission has statutory authority for the information collection requirements under Sections 4(i), 4(j), 7(a), 302(a), 303(c), 303(e), 303(f), 303(g), 303(j), 303(r), and 303(y) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 157(a), 302(a), 303(c), 303(e), 303(f), 303(g), 303(j), 303(r), and 303(y). VerDate Mar<15>2010 19:12 Feb 27, 2013 Jkt 229001 Privacy Assessment: No impact(s). Needs and Uses: The Federal Communications Commission (‘‘Commission’’) is seeking approval from the Office of Management and Budget (OMB) in order to establish a new information collection titled, ‘‘Earth Stations Aboard Aircraft.’’ On December 28, 2012, the Commission released a Notice of Proposed Rulemaking and Report and Order titled, ‘‘Revisions to Parts 2 and 25 of the Commission’s Rules to Govern the Use of Earth Stations Aboard Aircraft Communicating with FixedSatellite Service Geostationary-Orbit Space Stations Operating in the 10.95– 11.2 GHz, 11.45–11.7 GHz, 11.7–12.2 GHz and 14.0–14.5 GHz Frequency Bands and Service Rules and Procedures to Govern the Use of Aeronautical Mobile Satellite Service Earth Stations in Frequency Bands Allocated to the Fixed Satellite Service,’’ IB Docket Nos. 12–376 and 05–20, FCC 12–161 (‘‘ESAA Report and Order’’). The Notice of Proposed Rulemaking portion of the rulemaking does not contain any new or modified information collection requirements. The new information collection requirements contained in the Report and Order are as follows: 47 CFR 25.132(b)(3)—Applicants seeking authority to use an antenna that does not meet the standards set forth in §§ 25.209(a) and (b), pursuant to the procedure set forth in § 25.220, § 25.221, § 25.222, § 25.223, § 25.226 or § 25.227 of this part, are required to submit a copy of the manufacturer’s range test plots of the antenna gain patterns specified in paragraph (b)(1) of this section. 47 CFR 25.227(b)—Applications for ESAA operation in the 14.0–14.5 GHz (Earth-to-space) band to GSO satellites in the Fixed-Satellite Service shall include, in addition to the particulars of operation identified on Form 312, and associated Schedule B, the applicable technical demonstrations in paragraphs (b)(1), (b)(2) or (b)(3) and the documentation identified in paragraphs (b)(4) through (b)(8) of this section. (1) An ESAA applicant proposing to implement a transmitter under paragraph (a)(1) of this section shall demonstrate that the transmitter meets the off-axis EIRP spectral-density limits contained in paragraph (a)(1)(i) of this section. To provide this demonstration, the application shall include the tables described in paragraph (b)(1)(i) of this section or the certification described in paragraph (b)(1)(ii) of this section. The ESAA applicant also shall provide the value N described in paragraph PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 13667 (a)(1)(i)(A) of this section. An ESAA applicant proposing to implement a transmitter under paragraph (a)(1)(ii)(A) of this section shall provide the certifications identified in paragraph (b)(1)(iii) of this section. An ESAA applicant proposing to implement a transmitter under paragraph (a)(1)(ii)(B) of this section shall provide the demonstrations identified in paragraph (b)(1)(iv) of this section. (i) Any ESAA applicant filing an application pursuant to paragraph (a)(1) of this section shall file three tables and/ or graphs depicting off-axis EIRP density masks defined by 25.227(a) and measured off-axis EIRP density levels of the proposed earth station antenna in the direction of the plane of the GSO; the co-polarized EIRP density in the elevation plane, that is, the plane perpendicular to the plane of the GSO; and cross-polarized EIRP density. Each table shall provide the EIRP density level at increments of 0.1° for angles between 0° and 10° off-axis, and at increments of 5° for angles between 10° and 180° off-axis. (A) For purposes of the off-axis EIRP density table in the plane of the GSO, the off-axis angle is the angle in degrees from the line connecting the focal point of the antenna to the orbital location of the target satellite, and the plane of the GSO is determined by the focal point of the antenna and the line tangent to the arc of the GSO at the orbital position of the target satellite. (B) For purposes of the off-axis copolarized EIRP density table in the elevation plane, the off-axis angle is the angle in degrees from the line connecting the focal point of the antenna to the orbital location of the target satellite, and the elevation plane is defined as the plane perpendicular to the plane of the GSO defined in paragraph (b)(1)(i)(A) of this section. (C) For purposes of the crosspolarized EIRP density table, the off-axis angle is the angle in degrees from the line connecting the focal point of the antenna to the orbital location of the target satellite and the plane of the GSO as defined in paragraph (b)(1)(i)(A) of this section will be used. (ii) An ESAA applicant shall include a certification, in Schedule B, that the ESAA antenna conforms to the gain pattern criteria of § 25.209(a) and (b), that, combined with the maximum input power density calculated from the EIRP density less the antenna gain, which is entered in Schedule B, demonstrates that the off-axis EIRP spectral density envelope set forth in paragraphs (a)(1)(i)(A) through (a)(1)(i)(C) of this section will be met E:\FR\FM\28FEN1.SGM 28FEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 13668 Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Notices under the assumption that the antenna is pointed at the target satellite. (iii) An ESAA applicant proposing to implement a transmitter under paragraphs (a)(1)(ii)(A) of this section shall: (A) Demonstrate that the total tracking error budget of their antenna is within 0.2° or less between the orbital location of the target satellite and the axis of the main lobe of the ESAA antenna. As part of the engineering analysis, the ESAA applicant must show that the antenna pointing error is within three sigma (,) from the mean value; and (B) Demonstrate that the antenna tracking system is capable of ceasing emissions within 100 milliseconds if the angle between the orbital location of the target satellite and the axis of the main lobe of the ESAA antenna exceeds 0.5°. (iv) An ESAA applicant proposing to implement a transmitter under paragraph (a)(1)(ii)(B) of this section shall: (A) Declare, in its application, a maximum antenna pointing error and demonstrate that the maximum antenna pointing error can be achieved without exceeding the off-axis EIRP spectraldensity limits in paragraph (a)(1)(i) of this section; and (B) Demonstrate that the ESAA transmitter can detect if the transmitter exceeds the declared maximum antenna pointing error and can cease transmission within 100 milliseconds if the angle between the orbital location of the target satellite and the axis of the main lobe of the ESAA antenna exceeds the declared maximum antenna pointing error, and will not resume transmissions until the angle between the orbital location of the target satellite and the axis of the main lobe of the ESAA antenna is less than or equal to the declared maximum antenna pointing error. (2) An ESAA applicant proposing to implement a transmitter under paragraph (a)(2) of this section and using off-axis EIRP spectral-densities in excess of the levels in paragraph (a)(1)(i) of this section shall provide the following certifications and demonstration as exhibits to its earth station application: (i) A statement from the target satellite operator certifying that the proposed operation of the ESAA has the potential to receive harmful interference from adjacent satellite networks that may be unacceptable. (ii) A statement from the target satellite operator certifying that the power density levels that the ESAA applicant provided to the target satellite operator are consistent with the existing coordination agreements between its VerDate Mar<15>2010 19:12 Feb 27, 2013 Jkt 229001 satellite(s) and the adjacent satellite systems within 6° of orbital separation from its satellite(s). (iii) A statement from the target satellite operator certifying that it will include the power-density levels of the ESAA applicant in all future coordination agreements. (iv) A demonstration from the ESAA operator that the ESAA system will comply with all coordination agreements reached by the satellite operator and is capable of detecting and automatically ceasing emissions within 100 milliseconds when the transmitter exceeds the off-axis EIRP spectraldensities supplied to the target satellite operator. (3) An ESAA applicant proposing to implement an ESAA system under paragraph (a)(3) of this section and using variable power-density control of individual simultaneously transmitting co-frequency ESAA earth stations in the same satellite receiving beam shall provide the following certifications and demonstration as exhibits to its earth station application: (i) The applicant shall make a detailed showing of the measures it intends to employ to maintain the effective aggregate EIRP density from all simultaneously transmitting cofrequency terminals operating with the same satellite transponder at least 1 dB below the off-axis EIRP density limits defined in paragraphs (a)(1)(i)(A)–(C) of this section. In this context the term ‘‘effective’’ means that the resultant copolarized and cross-polarized EIRP density experienced by any GSO or nonGSO satellite shall not exceed that produced by a single ESAA transmitter operating at 1 dB below the limits defined in paragraphs (a)(1)(i)(A)–(C) of this section. The applicant also must demonstrate that an individual transmitter and the entire ESAA 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. (ii) An applicant proposing to implement an ESAA system under paragraph (a)(3)(ii) of this section that uses off-axis EIRP spectral-densities in excess of the levels in paragraph (a)(3)(i) of this section shall provide the following certifications, demonstration and list of satellites as exhibits to its earth station application: (A) A detailed showing of the measures the applicant intends to employ to maintain the effective aggregate EIRP density from all PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 simultaneously transmitting cofrequency terminals operating with the same satellite transponder at the EIRP density limits supplied to the target satellite operator. The International Bureau will place this showing on Public Notice along with the application. (B) A statement from the target satellite operator certifying that the proposed operation of the ESAA has the potential to create harmful interference to satellite networks adjacent to the target satellite(s) that may be unacceptable. (C) A statement from the target satellite operator certifying that the aggregate power-density levels that the ESAA applicant provided to the target satellite operator are consistent with the existing coordination agreements between its satellite(s) and the adjacent satellite systems within 6° of orbital separation from its satellite(s). (D) A statement from the target satellite operator certifying that it will include the aggregate power-density levels of the ESAA applicant in all future coordination agreements. (E) A demonstration from the ESAA operator that the ESAA system is capable of detecting and automatically ceasing emissions within 100 milliseconds when an individual transmitter exceeds the off-axis EIRP spectral-densities supplied to the target satellite operator and that the overall system is capable of shutting off an individual transmitter or the entire system if the aggregate off-axis EIRP spectral-densities exceed those supplied to the target satellite operator. (F) An identification of the specific satellite or satellites with which the ESAA system will operate. (4) There shall be an exhibit included with the application describing the geographic area(s) in which the ESAA will operate. (5) Any ESAA applicant filing for an ESAA terminal or system and planning to use a contention protocol shall include in its application a certification that will comply with the requirements of paragraph (a)(4) of this section. (6) The point of contact referred to in paragraph (a)(5) of this section shall be included in the application. (7) Any ESAA applicant filing for an ESAA terminal or system shall include in its application a certification that will comply with the requirements of paragraph (a)(6), (a)(9), (a)(10), (a)(11) of this section. (8) All ESAA applicants shall submit a radio frequency hazard analysis determining via calculation, simulation, or field measurement whether ESAA terminals, or classes of terminals, will E:\FR\FM\28FEN1.SGM 28FEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Notices produce power densities that will exceed the Commission’s radio frequency exposure criteria. ESAA applicants with ESAA terminals that will exceed the guidelines in Section 1.1310 for radio frequency radiation exposure shall provide, with their environmental assessment, a plan for mitigation of radiation exposure to the extent required to meet those guidelines. All ESAA licensees shall ensure installation of ESAA terminals on aircraft by qualified installers who have an understanding of the antenna’s radiation environment and the measures best suited to maximize protection of the general public and persons operating the vehicle and equipment. An ESAA terminal exhibiting radiation exposure levels exceeding 1.0 mW/cm2 in accessible areas, such as at the exterior surface of the radome, shall have a label attached to the surface of the terminal warning about the radiation hazard and shall include thereon a diagram showing the regions around the terminal where the radiation levels could exceed 1.0 mW/cm2. 47 CFR 25.227(c)(1)—Operations of ESAAs in the 14.0–14.2 GHz (Earth-tospace) frequency band in the radio lineof-sight of the NASA TDRSS facilities on Guam (latitude 13°36′55″ N, longitude 144°51′22″ E) or White Sands, New Mexico (latitude 32°20′59″ N, longitude 106°36′31″ W and latitude 32°32′40″ N, longitude 106°36′48″ W) are subject to coordination with the National Aeronautics and Space Administration (NASA) through the National Telecommunications and Information Administration (NTIA) Interdepartment Radio Advisory Committee (IRAC). Licensees shall notify the International Bureau once they have completed coordination. Upon receipt of such notification from a licensee, the International Bureau will issue a public notice stating that the licensee may commence operations within the coordination zone in 30 days if no party has opposed the operations. 47 CFR 25.227(c)(2)—When NTIA seeks to provide similar protection to future TDRSS sites that have been coordinated through the IRAC Frequency Assignment Subcommittee process, NTIA will notify the Commission’s International Bureau that the site is nearing operational status. Upon public notice from the International Bureau, all Ku-band ESAA licensees shall cease operations in the 14.0–14.2 GHz band within radio lineof-sight of the new TDRSS site until the licensees complete coordination with NTIA/IRAC for the new TDRSS facility. Licensees shall notify the International Bureau once they have completed VerDate Mar<15>2010 19:12 Feb 27, 2013 Jkt 229001 coordination for the new TDRSS site. Upon receipt of such notification from a licensee, the International Bureau will issue a public notice stating that the licensee may commence operations within the coordination zone in 30 days if no party has opposed the operations. The ESAA licensee then will be permitted to commence operations in the 14.0–14.2 GHz band within radio line-of-sight of the new TDRSS site, subject to any operational constraints developed in the coordination process. 47 CFR 25.227(d)(1)—Operations of ESAA in the 14.47–14.5 GHz (Earth-tospace) frequency band in the radio lineof-sight of radio astronomy service (RAS) observatories observing in the 14.47–14.5 GHz band are subject to coordination with the National Science Foundation (NSF). The appropriate NSF contact point to initiate coordination is Electromagnetic Spectrum Manager, NSF, 4201 Wilson Blvd., Suite 1045, Arlington, VA 22203, fax 703–292– 9034, email esm@nsf.gov. Licensees shall notify the International Bureau once they have completed coordination. Upon receipt of the coordination agreement from a licensee, the International Bureau will issue a public notice stating that the licensee may commence operations within the coordination zone in 30 days if no party has opposed the operations. 47 CFR 25.227(d)(2)—A list of applicable RAS sites and their locations can be found in 25.226(d)(2) Table 1. 47 CFR 25.227(d)(3)—When NTIA seeks to provide similar protection to future RAS sites that have been coordinated through the IRAC Frequency Assignment Subcommittee process, NTIA will notify the Commission’s International Bureau that the site is nearing operational status. Upon public notice from the International Bureau, all Ku-band ESAA licensees shall cease operations in the 14.47–14.5 GHz band within the relevant geographic zone of the new RAS site until the licensees complete coordination for the new RAS facility. Licensees shall notify the International Bureau once they have completed coordination for the new RAS site and shall submit the coordination agreement to the Commission. Upon receipt of such notification from a licensee, the International Bureau will issue a public notice stating that the licensee may commence operations within the coordination zone in 30 days if no party has opposed the operations. The ESAA licensee then will be permitted to commence operations in the 14.47–14.5 GHz band within the relevant coordination distance around the new RAS site, subject to any operational PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 13669 constraints developed in the coordination process. If various data in this collection were not filed in conjunction with our rules, then applicants and licensees would not obtain the authorization necessary to provide telecommunications services; the Commission would not be able to carry out its mandate as required by statute; and applicants and licensees would not be able to effectively provide services to the public. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2013–04706 Filed 2–27–13; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION [DA 13–184] Notice of Debarment Federal Communications Commission. ACTION: Notice. AGENCY: The Enforcement Bureau (the ‘‘Bureau’’) debars Denisa Babcock from the schools and libraries universal service support mechanism (or ‘‘E-Rate Program’’) for a period of three years. The Bureau takes this action to protect the E-Rate Program from waste, fraud, and abuse. DATES: Debarment commences on the date Ms. Denisa Babcock receives the debarment letter or April 1, 2013, whichever date comes first, for a period of three years. FOR FURTHER INFORMATION CONTACT: Joy M. Ragsdale, Attorney Advisor, Federal Communications Commission, Enforcement Bureau, Investigations and Hearings Division, Room 4–C330, 445 12th Street SW., Washington, DC 20554. Joy Ragsdale may be contacted by telephone at (202) 418–1697 or by email at Joy.Ragsdale@fcc.gov. If Ms. Ragsdale is unavailable, you may contact Ms. Theresa Cavanaugh, Chief, Investigations and Hearings Division, by telephone at (202) 418–1420 and by email at Theresa.Cavanaugh@fcc.gov. SUPPLEMENTARY INFORMATION: The Bureau debarred Ms. Denisa Babcock from the schools and libraries service support mechanism for a period of three years pursuant to 47 CFR 54.8. Attached is the debarment letter, DA 13–184, which was mailed to Ms. Babcock and released on February 8, 2013. The complete text of the notice of debarment is available for public inspection and copying during regular business hours at the FCC Reference Information SUMMARY: E:\FR\FM\28FEN1.SGM 28FEN1

Agencies

[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Notices]
[Pages 13666-13669]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04706]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION


Information Collection Being Reviewed by the Federal 
Communications Commission

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: The Federal Communications Commission (FCC), as part of its 
continuing effort to reduce paperwork burdens, invites the general 
public and other Federal agencies to take this opportunity to comment 
on the following information collection, as required by the Paperwork 
Reduction Act (PRA) of 1995. Comments are requested concerning whether 
the proposed collection of information is necessary for the proper 
performance of the functions of the Commission, including whether the 
information shall have practical utility; the accuracy of the 
Commission's burden estimate; ways to enhance the quality, utility, and

[[Page 13667]]

clarity of the information collected; ways to minimize the burden of 
the collection of information on the respondents, including the use of 
automated collection techniques or other forms of information 
technology; and ways to further reduce the information collection 
burden on small business concerns with fewer than 25 employees.
    The FCC may not conduct or sponsor a collection of information 
unless it displays a currently valid control number. No person shall be 
subject to any penalty for failing to comply with a collection of 
information subject to the PRA that does not display a valid Office of 
Management and Budget (OMB) control number.

DATES: Written PRA comments should be submitted on or before April 29, 
2013. If you anticipate that you will be submitting comments, but find 
it difficult to do so within the period of time allowed by this notice, 
you should advise the contact listed below as soon as possible.

ADDRESSES: Direct all PRA comments to the Federal Communications 
Commission via email to PRA@fcc.gov and Cathy.Williams@fcc.gov.

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, contact Cathy Williams at (202) 418-2918.

SUPPLEMENTARY INFORMATION:
    OMB Approval Number: 3060-XXXX.
    Title: Earth Stations Aboard Aircraft (ESAA).
    Form Number: Not applicable.
    Type of Review: New information collection.
    Respondents: Businesses or other for-profit entities.
    Number of Respondents and Responses: 6 respondents and 54 
responses.
    Estimated Time per Response: 1-4 hours.
    Frequency of Response: On occasion reporting requirement; Third-
party disclosure requirement.
    Total Annual Burden: 114 hours.
    Total Annual Costs: $16,200.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Obligation to Respond: Required to obtain or retain benefits. The 
Commission has statutory authority for the information collection 
requirements under Sections 4(i), 4(j), 7(a), 302(a), 303(c), 303(e), 
303(f), 303(g), 303(j), 303(r), and 303(y) of the Communications Act of 
1934, as amended, 47 U.S.C. 154(i), 154(j), 157(a), 302(a), 303(c), 
303(e), 303(f), 303(g), 303(j), 303(r), and 303(y).
    Privacy Assessment: No impact(s).
    Needs and Uses: The Federal Communications Commission 
(``Commission'') is seeking approval from the Office of Management and 
Budget (OMB) in order to establish a new information collection titled, 
``Earth Stations Aboard Aircraft.''
    On December 28, 2012, the Commission released a Notice of Proposed 
Rulemaking and Report and Order titled, ``Revisions to Parts 2 and 25 
of the Commission's Rules to Govern the Use of Earth Stations Aboard 
Aircraft Communicating with Fixed-Satellite Service Geostationary-Orbit 
Space Stations Operating in the 10.95-11.2 GHz, 11.45-11.7 GHz, 11.7-
12.2 GHz and 14.0-14.5 GHz Frequency Bands and Service Rules and 
Procedures to Govern the Use of Aeronautical Mobile Satellite Service 
Earth Stations in Frequency Bands Allocated to the Fixed Satellite 
Service,'' IB Docket Nos. 12-376 and 05-20, FCC 12-161 (``ESAA Report 
and Order'').
    The Notice of Proposed Rulemaking portion of the rulemaking does 
not contain any new or modified information collection requirements. 
The new information collection requirements contained in the Report and 
Order are as follows:
    47 CFR 25.132(b)(3)--Applicants seeking authority to use an antenna 
that does not meet the standards set forth in Sec. Sec.  25.209(a) and 
(b), pursuant to the procedure set forth in Sec.  25.220, Sec.  25.221, 
Sec.  25.222, Sec.  25.223, Sec.  25.226 or Sec.  25.227 of this part, 
are required to submit a copy of the manufacturer's range test plots of 
the antenna gain patterns specified in paragraph (b)(1) of this 
section.
    47 CFR 25.227(b)--Applications for ESAA operation in the 14.0-14.5 
GHz (Earth-to-space) band to GSO satellites in the Fixed-Satellite 
Service shall include, in addition to the particulars of operation 
identified on Form 312, and associated Schedule B, the applicable 
technical demonstrations in paragraphs (b)(1), (b)(2) or (b)(3) and the 
documentation identified in paragraphs (b)(4) through (b)(8) of this 
section.
    (1) An ESAA applicant proposing to implement a transmitter under 
paragraph (a)(1) of this section shall demonstrate that the transmitter 
meets the off-axis EIRP spectral-density limits contained in paragraph 
(a)(1)(i) of this section. To provide this demonstration, the 
application shall include the tables described in paragraph (b)(1)(i) 
of this section or the certification described in paragraph (b)(1)(ii) 
of this section. The ESAA applicant also shall provide the value N 
described in paragraph (a)(1)(i)(A) of this section. An ESAA applicant 
proposing to implement a transmitter under paragraph (a)(1)(ii)(A) of 
this section shall provide the certifications identified in paragraph 
(b)(1)(iii) of this section. An ESAA applicant proposing to implement a 
transmitter under paragraph (a)(1)(ii)(B) of this section shall provide 
the demonstrations identified in paragraph (b)(1)(iv) of this section.
    (i) Any ESAA applicant filing an application pursuant to paragraph 
(a)(1) of this section shall file three tables and/or graphs depicting 
off-axis EIRP density masks defined by 25.227(a) and measured off-axis 
EIRP density levels of the proposed earth station antenna in the 
direction of the plane of the GSO; the co-polarized EIRP density in the 
elevation plane, that is, the plane perpendicular to the plane of the 
GSO; and cross-polarized EIRP density. Each table shall provide the 
EIRP density level at increments of 0.1[deg] for angles between 0[deg] 
and 10[deg] off-axis, and at increments of 5[deg] for angles between 
10[deg] and 180[deg] off-axis.
    (A) For purposes of the off-axis EIRP density table in the plane of 
the GSO, the off-axis angle is the angle in degrees from the line 
connecting the focal point of the antenna to the orbital location of 
the target satellite, and the plane of the GSO is determined by the 
focal point of the antenna and the line tangent to the arc of the GSO 
at the orbital position of the target satellite.
    (B) For purposes of the off-axis co-polarized EIRP density table in 
the elevation plane, the off-axis angle is the angle in degrees from 
the line connecting the focal point of the antenna to the orbital 
location of the target satellite, and the elevation plane is defined as 
the plane perpendicular to the plane of the GSO defined in paragraph 
(b)(1)(i)(A) of this section.
    (C) For purposes of the cross-polarized EIRP density table, the 
off-axis angle is the angle in degrees from the line connecting the 
focal point of the antenna to the orbital location of the target 
satellite and the plane of the GSO as defined in paragraph (b)(1)(i)(A) 
of this section will be used.
    (ii) An ESAA applicant shall include a certification, in Schedule 
B, that the ESAA antenna conforms to the gain pattern criteria of Sec.  
25.209(a) and (b), that, combined with the maximum input power density 
calculated from the EIRP density less the antenna gain, which is 
entered in Schedule B, demonstrates that the off-axis EIRP spectral 
density envelope set forth in paragraphs (a)(1)(i)(A) through 
(a)(1)(i)(C) of this section will be met

[[Page 13668]]

under the assumption that the antenna is pointed at the target 
satellite.
    (iii) An ESAA applicant proposing to implement a transmitter under 
paragraphs (a)(1)(ii)(A) of this section shall:
    (A) Demonstrate that the total tracking error budget of their 
antenna is within 0.2[deg] or less between the orbital location of the 
target satellite and the axis of the main lobe of the ESAA antenna. As 
part of the engineering analysis, the ESAA applicant must show that the 
antenna pointing error is within three sigma ([bcy]) from the mean 
value; and
    (B) Demonstrate that the antenna tracking system is capable of 
ceasing emissions within 100 milliseconds if the angle between the 
orbital location of the target satellite and the axis of the main lobe 
of the ESAA antenna exceeds 0.5[deg].
    (iv) An ESAA applicant proposing to implement a transmitter under 
paragraph (a)(1)(ii)(B) of this section shall:
    (A) Declare, in its application, a maximum antenna pointing error 
and demonstrate that the maximum antenna pointing error can be achieved 
without exceeding the off-axis EIRP spectral-density limits in 
paragraph (a)(1)(i) of this section; and
    (B) Demonstrate that the ESAA transmitter can detect if the 
transmitter exceeds the declared maximum antenna pointing error and can 
cease transmission within 100 milliseconds if the angle between the 
orbital location of the target satellite and the axis of the main lobe 
of the ESAA antenna exceeds the declared maximum antenna pointing 
error, and will not resume transmissions until the angle between the 
orbital location of the target satellite and the axis of the main lobe 
of the ESAA antenna is less than or equal to the declared maximum 
antenna pointing error.
    (2) An ESAA applicant proposing to implement a transmitter under 
paragraph (a)(2) of this section and using off-axis EIRP spectral-
densities in excess of the levels in paragraph (a)(1)(i) of this 
section shall provide the following certifications and demonstration as 
exhibits to its earth station application:
    (i) A statement from the target satellite operator certifying that 
the proposed operation of the ESAA has the potential to receive harmful 
interference from adjacent satellite networks that may be unacceptable.
    (ii) A statement from the target satellite operator certifying that 
the power density levels that the ESAA applicant provided to the target 
satellite operator are consistent with the existing coordination 
agreements between its satellite(s) and the adjacent satellite systems 
within 6[deg] of orbital separation from its satellite(s).
    (iii) A statement from the target satellite operator certifying 
that it will include the power-density levels of the ESAA applicant in 
all future coordination agreements.
    (iv) A demonstration from the ESAA operator that the ESAA system 
will comply with all coordination agreements reached by the satellite 
operator and is capable of detecting and automatically ceasing 
emissions within 100 milliseconds when the transmitter exceeds the off-
axis EIRP spectral-densities supplied to the target satellite operator.
    (3) An ESAA applicant proposing to implement an ESAA system under 
paragraph (a)(3) of this section and using variable power-density 
control of individual simultaneously transmitting co-frequency ESAA 
earth stations in the same satellite receiving beam shall provide the 
following certifications and demonstration as exhibits to its earth 
station application:
    (i) The applicant shall make a detailed showing of the measures it 
intends to employ to maintain the effective aggregate EIRP density from 
all simultaneously transmitting co-frequency terminals operating with 
the same satellite transponder at least 1 dB below the off-axis EIRP 
density limits defined in paragraphs (a)(1)(i)(A)-(C) of this section. 
In this context the term ``effective'' means that the resultant co-
polarized and cross-polarized EIRP density experienced by any GSO or 
non-GSO satellite shall not exceed that produced by a single ESAA 
transmitter operating at 1 dB below the limits defined in paragraphs 
(a)(1)(i)(A)-(C) of this section. The applicant also must demonstrate 
that an individual transmitter and the entire ESAA 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.
    (ii) An applicant proposing to implement an ESAA system under 
paragraph (a)(3)(ii) of this section that uses off-axis EIRP spectral-
densities in excess of the levels in paragraph (a)(3)(i) of this 
section shall provide the following certifications, demonstration and 
list of satellites as exhibits to its earth station application:
    (A) A detailed showing of the measures the applicant intends to 
employ to maintain the effective aggregate EIRP density from all 
simultaneously transmitting co-frequency terminals operating with the 
same satellite transponder at the EIRP density limits supplied to the 
target satellite operator. The International Bureau will place this 
showing on Public Notice along with the application.
    (B) A statement from the target satellite operator certifying that 
the proposed operation of the ESAA has the potential to create harmful 
interference to satellite networks adjacent to the target satellite(s) 
that may be unacceptable.
    (C) A statement from the target satellite operator certifying that 
the aggregate power-density levels that the ESAA applicant provided to 
the target satellite operator are consistent with the existing 
coordination agreements between its satellite(s) and the adjacent 
satellite systems within 6[deg] of orbital separation from its 
satellite(s).
    (D) A statement from the target satellite operator certifying that 
it will include the aggregate power-density levels of the ESAA 
applicant in all future coordination agreements.
    (E) A demonstration from the ESAA operator that the ESAA system is 
capable of detecting and automatically ceasing emissions within 100 
milliseconds when an individual transmitter exceeds the off-axis EIRP 
spectral-densities supplied to the target satellite operator and that 
the overall system is capable of shutting off an individual transmitter 
or the entire system if the aggregate off-axis EIRP spectral-densities 
exceed those supplied to the target satellite operator.
    (F) An identification of the specific satellite or satellites with 
which the ESAA system will operate.
    (4) There shall be an exhibit included with the application 
describing the geographic area(s) in which the ESAA will operate.
    (5) Any ESAA applicant filing for an ESAA terminal or system and 
planning to use a contention protocol shall include in its application 
a certification that will comply with the requirements of paragraph 
(a)(4) of this section.
    (6) The point of contact referred to in paragraph (a)(5) of this 
section shall be included in the application.
    (7) Any ESAA applicant filing for an ESAA terminal or system shall 
include in its application a certification that will comply with the 
requirements of paragraph (a)(6), (a)(9), (a)(10), (a)(11) of this 
section.
    (8) All ESAA applicants shall submit a radio frequency hazard 
analysis determining via calculation, simulation, or field measurement 
whether ESAA terminals, or classes of terminals, will

[[Page 13669]]

produce power densities that will exceed the Commission's radio 
frequency exposure criteria. ESAA applicants with ESAA terminals that 
will exceed the guidelines in Section 1.1310 for radio frequency 
radiation exposure shall provide, with their environmental assessment, 
a plan for mitigation of radiation exposure to the extent required to 
meet those guidelines. All ESAA licensees shall ensure installation of 
ESAA terminals on aircraft by qualified installers who have an 
understanding of the antenna's radiation environment and the measures 
best suited to maximize protection of the general public and persons 
operating the vehicle and equipment. An ESAA terminal exhibiting 
radiation exposure levels exceeding 1.0 mW/cm\2\ in accessible areas, 
such as at the exterior surface of the radome, shall have a label 
attached to the surface of the terminal warning about the radiation 
hazard and shall include thereon a diagram showing the regions around 
the terminal where the radiation levels could exceed 1.0 mW/cm\2\.
    47 CFR 25.227(c)(1)--Operations of ESAAs in the 14.0-14.2 GHz 
(Earth-to-space) frequency band in the radio line-of-sight of the NASA 
TDRSS facilities on Guam (latitude 13[deg]36'55'' N, longitude 
144[deg]51'22'' E) or White Sands, New Mexico (latitude 32[deg]20'59'' 
N, longitude 106[deg]36'31'' W and latitude 32[deg]32'40'' N, longitude 
106[deg]36'48'' W) are subject to coordination with the National 
Aeronautics and Space Administration (NASA) through the National 
Telecommunications and Information Administration (NTIA) 
Interdepartment Radio Advisory Committee (IRAC). Licensees shall notify 
the International Bureau once they have completed coordination. Upon 
receipt of such notification from a licensee, the International Bureau 
will issue a public notice stating that the licensee may commence 
operations within the coordination zone in 30 days if no party has 
opposed the operations.
    47 CFR 25.227(c)(2)--When NTIA seeks to provide similar protection 
to future TDRSS sites that have been coordinated through the IRAC 
Frequency Assignment Subcommittee process, NTIA will notify the 
Commission's International Bureau that the site is nearing operational 
status. Upon public notice from the International Bureau, all Ku-band 
ESAA licensees shall cease operations in the 14.0-14.2 GHz band within 
radio line-of-sight of the new TDRSS site until the licensees complete 
coordination with NTIA/IRAC for the new TDRSS facility. Licensees shall 
notify the International Bureau once they have completed coordination 
for the new TDRSS site. Upon receipt of such notification from a 
licensee, the International Bureau will issue a public notice stating 
that the licensee may commence operations within the coordination zone 
in 30 days if no party has opposed the operations. The ESAA licensee 
then will be permitted to commence operations in the 14.0-14.2 GHz band 
within radio line-of-sight of the new TDRSS site, subject to any 
operational constraints developed in the coordination process.
    47 CFR 25.227(d)(1)--Operations of ESAA in the 14.47-14.5 GHz 
(Earth-to-space) frequency band in the radio line-of-sight of radio 
astronomy service (RAS) observatories observing in the 14.47-14.5 GHz 
band are subject to coordination with the National Science Foundation 
(NSF). The appropriate NSF contact point to initiate coordination is 
Electromagnetic Spectrum Manager, NSF, 4201 Wilson Blvd., Suite 1045, 
Arlington, VA 22203, fax 703-292-9034, email esm@nsf.gov. Licensees 
shall notify the International Bureau once they have completed 
coordination. Upon receipt of the coordination agreement from a 
licensee, the International Bureau will issue a public notice stating 
that the licensee may commence operations within the coordination zone 
in 30 days if no party has opposed the operations.
    47 CFR 25.227(d)(2)--A list of applicable RAS sites and their 
locations can be found in 25.226(d)(2) Table 1.
    47 CFR 25.227(d)(3)--When NTIA seeks to provide similar protection 
to future RAS sites that have been coordinated through the IRAC 
Frequency Assignment Subcommittee process, NTIA will notify the 
Commission's International Bureau that the site is nearing operational 
status. Upon public notice from the International Bureau, all Ku-band 
ESAA licensees shall cease operations in the 14.47-14.5 GHz band within 
the relevant geographic zone of the new RAS site until the licensees 
complete coordination for the new RAS facility. Licensees shall notify 
the International Bureau once they have completed coordination for the 
new RAS site and shall submit the coordination agreement to the 
Commission. Upon receipt of such notification from a licensee, the 
International Bureau will issue a public notice stating that the 
licensee may commence operations within the coordination zone in 30 
days if no party has opposed the operations. The ESAA licensee then 
will be permitted to commence operations in the 14.47-14.5 GHz band 
within the relevant coordination distance around the new RAS site, 
subject to any operational constraints developed in the coordination 
process.
    If various data in this collection were not filed in conjunction 
with our rules, then applicants and licensees would not obtain the 
authorization necessary to provide telecommunications services; the 
Commission would not be able to carry out its mandate as required by 
statute; and applicants and licensees would not be able to effectively 
provide services to the public.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2013-04706 Filed 2-27-13; 8:45 am]
BILLING CODE 6712-01-P