Proposal To Enable Operation of a Terrestrial Broadband Network in Certain Mobile Satellite Service Spectrum, 9445-9455 [2014-03618]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 79, Number 33 (Wednesday, February 19, 2014)]
[Proposed Rules]
[Pages 9445-9455]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03618]



[[Page 9445]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 13-213; FCC 13-147]


Proposal To Enable Operation of a Terrestrial Broadband Network 
in Certain Mobile Satellite Service Spectrum

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) proposed to modify its rules for operation of the 
Ancillary Terrestrial Component (ATC) of the single Mobile-Satellite 
Service (MSS) system operating in the 2483.5-2495 MHz band. The 
proposed rule changes would allow the MSS operator to deploy a low-
power terrestrial broadband network that would operate in both 
Globalstar's licensed spectrum at 2483.5-2495 GHz, and, with the same 
equipment, spectrum in the adjacent 2473-2483.5 MHz band used by 
unlicensed devices. This action could potentially increase the amount 
of spectrum available for broadband access in the United States. The 
Commission seeks comment on the potential impacts this proposal could 
have on unlicensed devices, which operate in the 2400-2483.5 MHz band, 
licensed Broadcast Auxiliary Service (BAS) stations, which operate in 
the 2483.5-2500 MHz band, and licensed Broadband Radio Service/
Educational Broadband Service (BRS/EBS) stations, which operate in the 
2496-2690 MHz band, along with the costs and benefits of the proposed 
approach.

DATES: Comments are due on or before May 5, 2014 and reply comments are 
due on or before June 4, 2014. Written comments on the proposed 
information collection requirements, subject to the Paperwork Reduction 
Act (PRA) of 1995, Public Law 104-13, should be submitted on or before 
April 21, 2014.

ADDRESSES: You may submit comments, identified by IB Docket No. 13-213, 
by any of the following methods:
    [ssquf] Federal Communications Commission's Web site: https:// 
https://fjallfoss.fcc.gov/ecfs2/">fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
comments.
    [ssquf] People With Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: FCC504@fcc.gov. or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Lynne Montgomery at 202-418-2229, 
Satellite Division, International Bureau, Federal Communications 
Commission, Washington, DC 20554. For additional information concerning 
the PRA information collection requirements contained in this document, 
contact Cathy Williams, Federal Communications Commission, at (202) 
418-2918, or via email Cathy.Williams@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM) in IB Docket No. 13-213, adopted November 
1, 2013 and released on November 1, 2013. The full text of this 
document is available for public inspection and copying during regular 
business hours at the FCC Reference Information Center, Portals II, 445 
12th Street SW., Room CY-A257, Washington, DC 20554. This document may 
also be purchased from the Commission's duplicating contractor, Best 
Copy and Printing, Inc., Portals II, 445 12th Street SW., Room CY-B402, 
Washington, DC 20554, telephone 202-488-5300, facsimile 202-488-5563, 
or via email at FCC@BCPIWEB.com. It is also available via the Internet 
in the Commission's Electronic Document System (EDOCS) at https://www.fcc.gov/documents under IB Docket No. 13-213.
    To view a copy of this information collection request (ICR) 
submitted to OMB: (1) Go to the Web page https://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the Web page called ``Currently 
Under Review,'' (3) click on the downward-pointing arrow in the 
``Select Agency'' box below the ``Currently Under Review'' heading, (4) 
select ``Federal Communications Commission'' from the list of agencies 
presented in the ``Select Agency'' box, (5) click the ``Submit'' button 
to the right of the ``Select Agency'' box, (6) when the list of FCC 
ICRs currently under review appears, look for the Title of this ICR and 
then click on the ICR Reference Number. A copy of the FCC submission to 
OMB will be displayed.
    Pursuant to 47 CFR 1.1200 et seq., this matter shall be treated as 
a ``permit-but-disclose'' proceeding in accordance with the 
Commission's ex parte rules. Persons making oral ex parte presentations 
are reminded that memoranda summarizing the presentations must contain 
summaries of the substances of the presentations and not merely a 
listing of the subjects discussed. More than a one or two sentence 
description of the views and arguments presented is generally required. 
Other rules pertaining to oral and written ex parte presentations in 
permit-but-disclose proceedings are set forth in 47 CFR 1.1206(b).

Initial Paperwork Reduction Act of 1995 Analysis

    This document contains proposed information collection 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general public and the Office of 
Management and Budget (OMB) to comment on the information collection 
requirements contained in this document, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. Public and agency comments 
are due April 21, 2014. Comments should address: (a) 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; (b) the accuracy of the 
Commission's burden estimates; (c) ways to enhance the quality, 
utility, and clarity of the information collected; (d) 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 (e) way to further reduce the information 
collection burden on small business concerns with fewer than 25 
employees. In addition, pursuant to the Small Business Paperwork Relief 
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek 
specific comment on how we might further reduce the information 
collection burden for small business concerns with fewer than 25 
employees.
    OMB Control Number: 3060-0994.
    Title: Flexibility for Delivery of Communications By Mobile 
Satellite Service Providers in the 2 GHz Band, the L Band, and the 1.6/
2.4 GHz Band.
    Form No.: Not applicable.
    Type of Review: Revision of an Existing Collection.
    Respondents: Business or other for-profit.
    Number of Respondents and Responses: 124 respondents; 124 
responses.
    Estimated Time per Response: 0.50-50 hours per response.
    Frequency of Response: On occasion reporting requirement; one time 
and annual reporting requirements; third party disclosure and 
recordkeeping requirements.

[[Page 9446]]

    Obligation To Respond: Required to obtain or retain benefits. The 
statutory authority for these proposed information collections is found 
at sections is contained in the 47 U.S.C. 154(i), 157, 302, 303(c), 
303(e), 303(f), and 303(r).
    Total Annual Burden: 517 hours.
    Total Annual Costs: $511,440.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Act Impact Assessment: No impact(s).
    Needs and Uses: The purposes of the existing information collection 
is to obtain information necessary for licensing operators of Mobile-
Satellite Service (MSS) networks to provide ancillary services in the 
U.S. via terrestrial base stations (Ancillary Terrestrial Components, 
or ATCs); obtain the legal and technical information required to 
facilitate the integration of ATCs into MSS networks in the L-Band and 
the 1.6/2.4 GHz Bands; and to ensure that ATC licensees meet the 
Commission's legal and technical requirements to develop and maintain 
their MSS networks and operate their ATC systems without causing 
harmful interference to other radio systems.
    The purpose of the proposed revision would be to remove a portion 
of the information collection with respect to a low power broadband 
network, as proposed in document FCC 13-147. These proposed revisions 
would enable provision of low-power ATC using licensed spectrum at 
2483.5-2495 MHz and spectrum in the adjacent 2473-2483.5 MHz band.
    The proposed revision would provide an exception for low-power ATC 
from the requirements contained in Sec.  25.149(b) of the Commission's 
rules. These rules require detailed showings concerning satellite 
system coverage and replacement satellites. The proposed rules would 
also provide an exception from a rule requiring integrated service, for 
example service to handsets capable of operation with both satellites 
and terrestrial base stations. In this sense, the provider of low-power 
ATC would be relieved from certain burdens that are currently in place 
in the existing information collection. We also propose revising this 
information collection to reflect the elimination of the elements of 
this information collection for 2 GHz MSS. See 78 FR 48621, August 9, 
2013.

Synopsis

Introduction

    1. In response to a petition for rulemaking filed by MSS operator 
Globalstar, the Commission proposes modified rules for operation in the 
2483.5-2495 MHz band. Globalstar is the operator of the single MSS 
system operating in that band. The current rules specify the licensing 
and operating conditions for terrestrial base stations and mobile 
terminals licensed to the operator of an MSS system for provision of 
radio communication services offered together with MSS. The Commission 
proposes rules that would permit Globalstar to provide low-power ATC 
using its licensed spectrum at 2483.5-2495 MHz under certain limited 
technical criteria and, with the same equipment, to utilize spectrum in 
the adjacent 2473-2483.5 MHz band pursuant to the applicable technical 
rules for unlicensed operations in that band. The Commission seeks 
comment on this possible deployment of broadband access equipment, on 
whether it is thereby possible to enable more efficient use of spectrum 
in the 2483.5-2495 MHz band and the adjacent 2473-2483.5 MHz band and 
to increase the amount of spectrum available for broadband access in 
the United States. However, significant concerns have been raised about 
potential detrimental impacts on licensed services that operate in the 
2483.5-2500 MHz and 2496-2690 MHz bands and unlicensed devices that 
operate in the 2400-2483.5 MHz band. The Commission seeks comment on 
the costs and benefits of the proposed approach, and on changes to its 
rules which may facilitate such deployment and minimize any negative 
impacts on licensed services that operate in the 2483.5-2500 MHz and 
2496-2690 MHz bands and unlicensed devices that operate in the 2400-
2483.5 MHz band.
    2. Globalstar also requested that the Commission initiate a 
rulemaking to permit it to deploy a higher power terrestrial service 
using LTE technology in both the S band (2483.5-2495 MHz) and L band 
(1610-1617.775 MHz) over the longer term. The Commission will address 
Globalstar's L-band proposal separately from this proceeding, although 
it reserves the right, should it find it appropriate, to consolidate 
this proceeding with any proceeding addressing Globalstar's L-band 
proposal and a petition for rulemaking filed by Iridium Constellation 
LLC regarding L-band MSS frequencies (1610-1626.5 MHz).

Proposed Rules

A. Part 25 Rule Proposals

    3. The Commission concludes that Globalstar's proposal to deploy a 
low-power terrestrial system in the 2473-2495 MHz band should be 
examined to determine whether it is possible to increase the use of 
this spectrum terrestrially in the near term for its subscribers, 
without causing harmful interference to other users of this band and 
adjacent bands, and without compromising Globalstar's ability to 
provide substantial MSS to the public under its existing MSS 
authorization. If supported by the record, adoption of Globalstar's 
proposals could potentially increase the usefulness for terrestrial 
mobile broadband purposes of 11.5 megahertz of licensed spectrum. As a 
result, these changes may induce increased investment and innovation 
throughout the industry and ultimately improve competition and consumer 
choice. Therefore, the Commission proposes to make the changes to part 
25 of the rules necessary to provide for the operation of low-power ATC 
in the licensed MSS spectrum in the 2483.5-2495 MHz band. Specifically, 
the Commission seeks comment on its proposal to add technical and 
operational provisions to part 25 to align with uses that are 
compatible with part 15 uses. Part 15 of the Commission's rules governs 
the operation of low-power radiofrequency devices in the 2400-2483.5 
MHz band without an individual license from the Commission. Significant 
concerns have been raised in response to Globalstar's petition about 
the potential for harmful interference to licensed BAS stations that 
operate in the 2483.5-2500 MHz band and BRS/EBS stations that operate 
in the 2496-2690 MHz band. In addition, concerns have been raised about 
the potential detrimental impact on unlicensed devices that operate in 
the 2400-2483.5 MHz band, such as Bluetooth and Wi-Fi devices, that are 
currently used extensively for various wireless broadband services and 
applications. The Commission specifically seeks further information and 
supporting detailed technical analyses regarding concerns with any 
potential detrimental impact on existing unlicensed devices that 
operate in the 2400-2483.5 MHz band. The Commission also seeks comment 
on the results of Globalstar's testing of its proposed low-power 
terrestrial broadband network.
    4. The Commission also tentatively concludes that, due to the 
proposed managed deployment of this equipment in a unique 
radiofrequency environment involving both unlicensed and licensed 
operations, the proposed operations are ancillary to Globalstar's 
licensed MSS operations and are thus appropriately considered for 
licensing as ATC.

[[Page 9447]]

Globalstar has stated that, ``unlike public 802.11 applications, [its] 
access points will be carefully controlled by a Network Operating 
System (``NOS''), [which] will be analogous to that currently deployed 
by CMRS operators to manage pico- and femto-cellular infrastructure.'' 
According to Globalstar, the NOS will also create a rapid means of 
specifically identifying and controlling potential interference. In 
adopting ATC rules in the 2003 ATC Report and Order (ATC R&O), which 
included provisions for licensing ATC operators in the 2483.5-2495 MHz 
band, the Commission found that there were spectrum efficiency benefits 
to ``dynamic allocation'' of frequency use and that those benefits can 
only be realized by having one licensee control both the MSS and 
terrestrial rights in bands allocated for MSS. 18 FCC Rcd 1962, 2071-72 
(2003), 68 FR 49372, August 18, 2003. Globalstar's proposed NOS-based 
approach appears to offer benefits consistent with those identified in 
the ATC R&O, particularly given the potential benefits to spectrum 
efficiency in both the licensed MSS band and the adjacent unlicensed 
band. Although Globalstar's proposed operations differ in some respects 
from the types of operations contemplated in the Commission's original 
ATC R&O, the Commission seeks comment on whether analogous technical, 
policy, and legal bases for restricting ATC licensing to the incumbent 
MSS licensee adopted in the ATC R&O also apply to Globalstar's proposed 
operations.

B. Overview of Proposed Low-Power Rules

    5. The Commission proposes to modify its part 25 rules in order to 
allow Globalstar to implement its plan of deploying a low-power 
terrestrial broadband network in its licensed spectrum from 2483.5-2495 
MHz and in the adjacent band at 2473-2483.5 MHz used for unlicensed 
devices. Specifically, it proposes that the part 25 rules will apply to 
the 2483.5-2495 MHz portion licensed to Globalstar and that a blanket 
license will cover operations using these frequencies. The Commission 
does not intend to grant Globalstar any additional or different 
interference protection rights than those that currently apply to 
existing unlicensed operations in the 2473-2483.5 MHz band under part 
15 or to ATC operations under the part 25 rules, with the exception of 
the revisions to the ATC rules discussed below. Under this approach, 
Globalstar would be required to file an application to modify its part 
25 license or licenses pursuant to the existing ATC application 
procedures, and any deployed equipment in the 2473-2495 MHz band would 
need an equipment certification. The Commission seeks comment on this 
general approach.
    6. Under this approach, Globalstar's managed operations in the 
2473-2483.5 MHz band would not be entitled to interference protection 
from licensed services, other part 15 devices, or part 18 industrial, 
scientific, and medical (ISM) devices. Part 15 unlicensed devices are 
not entitled to interference protection from licensed services or other 
unlicensed devices. Part 18 of the Commission's rules authorizes 
unlicensed ISM devices to operate in the 2400-2500 MHz band. ISM 
equipment generally must avoid causing interference to any authorized 
radio service, unless the interference occurs in an ISM band. 
Similarly, Globalstar's low-power ATC operations in the 2483.5-2495 MHz 
band would not be entitled to interference protection from a number of 
other authorized operations. Globalstar's operations would also need to 
protect other licensed services from harmful interference to the extent 
required under current Commission rules. This approach addresses one of 
the concerns raised by parties that commented on Globalstar's petition 
for rulemaking. These parties generally were concerned that Globalstar 
could obtain superior interference protection status over other 
authorized users.
    7. Unlicensed uses of the 2400-2483.5 MHz band include Wi-Fi and 
Bluetooth hands-free communication devices, as well as Bluetooth Low 
Energy technology applications such as medical temperature measurement 
devices and blood glucose, blood pressure, and heart rate monitors. In 
commenting on Globalstar's petition for rulemaking, the Wi-Fi Alliance 
noted that in the United States, Wi-Fi devices effectively use three 
non-overlapping IEEE 802.11 standard channels in the 2400-2473 MHz 
band, Channels 1 (2401-2423 MHz), 6 (2426-2448 MHz), and 11 (2451-2473 
MHz). The Bluetooth Special Interest Group (SIG) noted that the 2473-
2483.5 MHz portion of the part 15 unlicensed band is unused by the 
majority of Wi-Fi devices in the U.S. because of limitations on 
unwanted emissions in the 2483.5-2500 MHz band, and is thus somewhat of 
a ``safe haven'' for Bluetooth frequency hopping devices. It also noted 
that since U.S. Wi-Fi devices generally do not operate in the 2473-
2483.5 MHz band, this band is relatively ``quiet'' from a 
radiofrequency perspective, and thus is particularly useful for its 
relatively low-power systems and is ``extremely important'' to 
Bluetooth technology and its operations.
    8. Several parties have raised concerns about the effect of 
Globalstar's proposed low-power terrestrial network on unlicensed 
operations in and below the 2473-2483.5 MHz band. Bluetooth SIG noted 
that recent innovations in Bluetooth technology used in connection with 
health and wellness products may be impacted, and that Globalstar's 
operations may affect a channel used to facilitate ``discovery'' and 
interconnection of Bluetooth devices with each other. The Wi-Fi 
Alliance also expressed concerns that Bluetooth devices would face 
constraints in spectrum above 2473 MHz, which would generally 
contribute to congestion in the 2400-2483.5 MHz band with other 
unlicensed devices. In response, Globalstar argued that since Bluetooth 
devices are frequency-hopping systems that operate on constantly 
varying 1 megahertz channels throughout the 2400-2483.5 MHz band, and 
the 2473-2483.5 MHz band segment represents just one small portion of 
the unlicensed spectrum that is utilized by Bluetooth technology, its 
proposed low-power network is no more likely to cause harmful 
interference to a Bluetooth device than already-existing IEEE 802.11-
based Wi-Fi operations elsewhere in the 2400-2483.5 MHz band. 
Globalstar contended that Bluetooth devices and other unlicensed 
equipment will be able to coexist with its low-power network and 
continue to operate in the 2473-2483.5 MHz band, without any loss of 
spectrum for Bluetooth and other existing and future unlicensed 
technologies.
    9. The Commission seeks comment on any costs, in terms of impacts 
on unlicensed operations both in the 2473-2483.5 MHz band and below 
2473 MHz (i.e., in the 2400-2473 MHz band) that might flow from 
Globalstar's proposed low-power terrestrial network. To the extent that 
any party asserts that Globalstar's low-power network may cause 
interference or substantially constrain other operations, the 
Commission encourages the party to submit technical analyses detailing 
their concerns, as well as a detailed assessment of any associated 
costs.

C. Revisions to Sec.  25.149 of the Commission's Rules

1. Mode of Operations
    10. Globalstar's proposed low-power ATC operations would require a 
rule modification to allow operations by end-user equipment in the 
2483.5-2495 MHz band, as such operations are not in the ``forward-
band'' mode of operations

[[Page 9448]]

required by Sec.  25.149(a)(1) of the rules. Because Globalstar's 
proposed deployment involves end-user equipment, i.e., ``the mobile 
terminals'' transmitting in the MSS band allocated for downlink (i.e., 
(satellite to end-user equipment) transmissions, the end-user equipment 
would operate in ``non-forward-band'' mode. Therefore, the Commission 
proposes to modify this rule to permit low-power ATC operations in the 
non-forward-band mode, and seeks comment on this proposal.
2. ATC Gating Requirements
    11. The Commission's current ATC rules include several 
prerequisites, or ``gating criteria'' that MSS operators must meet in 
order to be allowed to offer ATC. These gating criteria are set forth 
in Sec.  25.149 of the Commission's rules. To ensure that the ATC is 
ancillary to the provision of MSS, there is a requirement that MSS 
operators must provide substantial satellite service to be eligible for 
ATC authorization. The Commission has defined substantial satellite 
service as the capability of providing continuous satellite service 
over the entire geographic area of satellite coverage required in its 
rules, (47 CFR 25.149(b)(1)), maintenance of spare satellites to 
expeditiously replace destroyed or degraded satellites, (47 CFR 
25.149(b)(2)), and commercial availability of MSS throughout the 
mandatory coverage area. (47 CFR 25.149(b)(3)). The rules also require 
that MSS and ATC services be offered on an integrated basis. (47 CFR 
25.149(b)(4)).
    12. Relieving Globalstar from certain ATC gating criteria for its 
low-power network may facilitate spectrum use in both the 2483.5-2495 
MHz band as well as the adjacent 2473-2483.5 MHz band, and thus could 
serve the public interest. Therefore, the Commission proposes to create 
a limited exception from some provisions of the ATC gating criteria in 
order to streamline the authorization process and to facilitate 
deployment of Globalstar's proposed low-power broadband network. 
Specifically, the Commission proposes to modify the gating criteria 
that require a demonstration that the MSS licensee is offering 
commercial MSS. Under this proposal, the Commission would provide an 
exception for low-power ATC from the rules requiring detailed showings 
concerning satellite system coverage and replacement satellites. In its 
rulemaking request, Globalstar indicated it is continuing to develop 
and pursue MSS operations in the portion of the Big LEO spectrum 
designated for its use, and has recently announced that it has 
substantially replenished its satellite constellation by completing a 
launch campaign, at a cost of more than $1 billion, for 24 new 
satellites that are now in full commercial service. This substantial 
capital investment has facilitated re-initiation of voice and other 
two-way services via MSS satellites. Globalstar continues to be 
invested in the provision of MSS. Thus, a simplified evidentiary 
showing may be sufficient to address a fundamental goal of the ATC 
rules--that the deployment of terrestrial facilities is in fact 
ancillary to satellite operations. The Commission seeks comment on this 
approach.
    13. The Commission also proposes an exception from the integrated 
services rule for the proposed low-power deployment. The integrated 
services rule requires the offering of integrated MSS and ATC, for 
example, through use of dual-mode handsets that can communicate with 
both the MSS network and the ATC. It does not appear feasible for 
Globalstar to meet this requirement with respect to the entire 2473-
2495 MHz band because there is no MSS allocation in the 2473-2483.5 MHz 
band. The ATC rules and the integrated service rule, in particular, 
focus on ensuring that ATC remains ancillary to satellite services and 
does not become a stand-alone terrestrial service. Given the potential 
enhanced use of the 2473-2495 MHz band, the Commission invites comment 
on whether relaxation of this requirement would serve the public 
interest while maintaining the terrestrial service as ancillary to MSS. 
Under this approach, Globalstar's management and oversight of 
deployment of low-power terrestrial facilities, while continuing to 
offer and support its MSS offering, would be the critical factors in 
determining whether the ATC continues to be ancillary. The Commission 
seeks comment on this approach.
3. Technical Rules
    14. Limits for equipment operating in the 2483.5-2495 MHz band. The 
Commission proposes that the total transmit power for low-power ATC 
equipment operating in the 2483.5-2495 MHz band under new proposed 
Sec.  25.149(c)(4) of the Commission's rules not exceed 1 Watt with a 
peak equivalent isotropically radiated power (EIRP) of no more than 6 
dBW (4 Watts), a minimum 6 dB bandwidth of 500 kilohertz, and a maximum 
conducted power spectral density (PSD) limit of 8 dBm/3 kHz. This limit 
is identical to the limit in Sec.  15.247 of the Commission's rules, 
which specifies limits for unlicensed operation of digitally modulated 
communications equipment in the 2400-2483.5 MHz band. The Commission 
believes it is appropriate to apply the same limits with respect to the 
2483.5-2495 MHz band, given the nature of these proposed operations, 
including the use of digital modulation, and the widespread use of 
these limits in designing part 15 devices. The Commission seeks comment 
on this proposal.
    15. Unwanted emissions below 2473 MHz. In its comments on 
Globalstar's petition for rulemaking, the Consumer Electronics 
Association (CEA) asserted that Globalstar's proposed operations on 
IEEE 802.11 Channel 14 (2473-2495 MHz), immediately adjacent to IEEE 
802.11 Channel 11 (2451-2473 MHz), could, without any guard band, 
result in the loss of use of Channel 11 by Wi-Fi users and contribute 
to congestion in the remaining Wi-Fi channels below 2473 MHz. The 
Wireless Internet Service Providers Association (WISPA) also raised 
this concern. In response, Globalstar asserted that although the two 
channels are immediately adjacent to one another, a functional IEEE 
802.11-based communications link occupies only approximately 18 
megahertz of the 22 megahertz of available bandwidth in each of these 
channels. Globalstar argued that the resulting de facto guard band will 
minimize harmful interference between Wi-Fi systems and its low-power 
network. Globalstar further argued that its access points and higher 
powered terminal devices will be equipped with high selectivity 
passband filters, which will further segregate Channel 14 operations 
from those on Channel 11. The Commission seeks comment on these 
concerns and claims.
    16. The Commission also seeks comment on the appropriate limit for 
unwanted emissions below 2473 MHz resulting from Globalstar's proposed 
low-power operations at 2473-2495 MHz. One possible limit is specified 
in Sec.  15.247(d) of the Commission's rules. That rule, applicable to 
spread spectrum or digital modulation systems operating in the 2400-
2483.5 MHz band, specifies that in any 100 kilohertz bandwidth outside 
the frequency band in which a device is operating, the unwanted 
emissions shall be at least 20 dB below the fundamental power in the 
100 kilohertz bandwidth within the band that contains the highest level 
of desired power. Unlicensed use of IEEE 802.11 Channel 11 (2451-2473 
MHz) is directly adjacent to Channel 14 (2473-2495 MHz) with no guard 
band between these two channels, and as pointed out by Globalstar, the 
overwhelming majority of IEEE 802.11 access points operate on

[[Page 9449]]

non-overlapping Channels 1, 6, and 11. In light of this, the Commission 
seeks comment on whether the current unwanted emissions limit provided 
in Sec.  15.247(d) is compatible with systems operating below 2473 MHz. 
The Commission also seeks comment on an appropriate limit if this limit 
is not appropriate. Parties proposing such an emission limit should 
provide technical analyses and/or studies adequate to demonstrate that 
their proposed limit is appropriate.
    17. Applicability of the unwanted emission limit of Sec.  25.254 at 
the lower edge of the 2483.5-2495 MHz band. Section 25.254 of the 
Commission's rules specifies an out-of-channel emission limit for ATC 
base stations operating in the 2483.5-2495 MHz band. This limit was 
created assuming high-powered operations in the 2483.5-2495 MHz band. 
The Commission proposes to authorize low-power operations across the 
lower band edge at 2483.5 MHz. Therefore, the Commission seeks comment 
on whether it should interpret Sec.  25.254 of the rules as not 
applying, at the lower edge of the 2483.5-2495 MHz band to the low-
power network under consideration in this proceeding. Alternatively, 
the Commission seeks comment on whether it should provide an explicit 
exception to Sec.  25.254 of the rules with respect to the lower edge 
of the 2483.5-2495 GHz band for operations involving a signal emitted 
from such equipment.
    18. Unwanted emissions limits with respect to licensed services 
operating above 2495 MHz. Section 25.254(d) of the Commission's rules 
sets out the unwanted emission limits for ATC base stations in the 
2483.5-2495 MHz band in order to avoid interference to Broadcast Radio 
Service (BRS)/Educational Broadband Service (EBS) adjacent channel 
licensees operating above 2495 MHz. This rule requires that ATC base 
stations attenuate unwanted emissions above 2495 MHz by a factor of no 
less than 43 + 10 log (P) dB, where P is the total transmitter power in 
Watts. 47 CFR 25.254(d)(1). This rule was developed based on high power 
base station operations. For its low-power ATC equipment, Globalstar 
proposes to attenuate the unwanted emission above 2495 MHz by a factor 
no less than 40 + 10 log (P) dB at the channel edge at 2495 MHz, 43 + 
10 log (P) dB at 5 megahertz from the channel edges, and 55 + 10 log 
(P) dB at X megahertz from the channel edges where X is the greater of 
6 megahertz or the actual emission bandwidth. This is a relaxation of 
the current ATC base station unwanted emissions attenuation rule by 3 
dB within the first 5 megahertz above 2495 MHz (i.e., 2495-2500 MHz). 
In its comments on Globalstar's petition for rulemaking, Clearwire 
Corporation (Clearwire) argued that Globalstar's proposed power levels, 
out-of-band emissions, and potential outdoor installations create a 
high probability for interference to Clearwire's operations above 2496 
MHz. The Commission observes, however, that the unwanted emissions 
limits proposed by Globalstar are similar to those proposed in another 
proceeding by the Wireless Communications Association International, 
Inc. (WCAI) and supported by Clearwire for unwanted emissions for its 
wide bandwidth, low-power mobile devices operating above 2511 MHz. 
Those wide-bandwidth, low-power mobile devices' operations are similar 
to the low-power operations proposed by Globalstar. Under Sec.  
27.50(h)(2) of the rules, BRS and EBS mobile stations are required to 
limit their EIRP to 2 Watts. Globalstar proposed to limit the EIRP to 4 
Watts for both access points and end-user terminals.
    19. Clearwire also argued that Globalstar's proposal lacks 
mutuality of obligation that fosters an environment of cooperation at 
the licensees' respective band edges. Under the current rules, BRS/EBS 
mobile digital stations that operate in the 2496-2690 MHz band are 
required to limit their unwanted emissions below 2496 MHz by a factor 
no less than 43 + 10 log (P) dB. 47 CFR 27.53(m)(4). This limit is 3 dB 
stricter than the limit proposed by Globalstar for its low-power 
network in the 2496-2500 MHz band. The Commission notes, however, that 
this stricter limit imposed on BRS/EBS unwanted emissions below 2496 
MHz is intended to avoid interference to MSS operations below 2495 MHz, 
which will continue regardless of whether the rules proposed in this 
proceeding are adopted. The signal power received from the satellite by 
an MSS terminal is significantly lower than that received by a BRS 
terminal. As a result, the potential interference impact of BRS 
transmissions to an MSS terminal is much higher than that of a low-
power ATC transmission into a BRS terminal.
    20. The Commission seeks comment on Globalstar's proposed unwanted 
emissions limits above 2495 MHz and whether these limits would be 
adequate to avoid interference to licensed services operating above 
2495 MHz. If these limits are not adequate, what are appropriate 
limit(s) to avoid interference to licensed services operating above 
2495 MHz? In addition, Sec.  25.254(d)(6) of the Commission's rules 
specifies a measurement bandwidth of 1 percent of the 26 dB emission 
bandwidth for determining ATC base stations' compliance with the Sec.  
25.254(d) unwanted emissions limits in the 1 megahertz immediately 
above and adjacent to 2495 MHz while Sec.  15.247(d) of the 
Commission's rules specifies a measurement bandwidth of 100 kilohertz 
for determining Sec.  15.247 devices' compliance with the Sec.  
15.247(d) unwanted emissions limit outside the band of operation. 47 
CFR 15.247(d), 25.254(d)(6). Although the emissions from Globalstar's 
proposed operations would include a portion that is subject to the 
measurement bandwidth requirement in Sec.  15.247(d), the Commission 
proposes to not apply this measurement bandwidth requirement to 
unwanted emissions from Globalstar's operations above 2495 MHz and 
seeks comment on whether to apply a 1 megahertz resolution bandwidth as 
required in Sec.  25.254(d).

D. Broadcast Auxiliary Service Channels A8-A10

    21. Comments in response to Globalstar's rulemaking petition filed 
by Engineers for the Integrity of Broadcast Auxiliary Services Spectrum 
(EIBASS) raised a number of long-standing concerns related to BAS 
operations in the 2450-2500 MHz band. By way of background, there are 
three BAS channels that are authorized for operation in the 2450-2500 
MHz band--A8 (2450-2467 MHz), A9 (2467-2483.5 MHz), and A10 (2483.5-
2500 MHz). As of July 25, 1985, the Commission ceased accepting 
applications for new or modified BAS, part 90, and part 101 microwave 
stations for the 2483.5-2500 MHz band. Existing licensees in the band 
have been permitted to continue operating on a `grandfathered' basis. 
Our records indicate that there are approximately 599 active BAS 
licensees operating on Channels A8 and A9, categorized as follows: 58 
TV Relay (54 Intercity Relay (ICR) and 4 TV Translator Relay (TTR)), 
492 TV Pickup (TV PU), 17 TV Studio Transmitter Link (TV STL), and 32 
Local Television Transmission Service (LTTS). Our records also indicate 
there are approximately 186 active grandfathered BAS licensees 
operating on Channel A10, as follows: 5 TV Relay (4 ICR and 1 TTR) and 
181 TV PU.
    22. The 2483.5-2500 MHz band has a long history of joint uses and, 
on many occasions, the Commission has determined that additional 
services could operate in this band, concluding that coordination could 
be used to prevent the newly integrated services from causing harmful 
interference to existing services in the band. In the

[[Page 9450]]

1994 Big LEO Service Rules Order, which established the licensing and 
service rules for MSS operations, the Commission affirmed that MSS 
licensees could coordinate their operations to avoid causing harmful 
interference to existing operations in the 2483.5-2500 MHz bands and 
declined to relocate grandfathered operations in this band. In 2003, to 
enhance MSS licensees' ability to offer mobile services, the Commission 
adopted the ATC R&O, which, inter alia, allowed CDMA MSS licensees in 
the 2483.5-2500 MHz band to add ATC operations. In that decision, the 
Commission determined that MSS licensees operating ATC facilities could 
coordinate their operations prior to construction and operation to 
avoid causing harmful interference to existing BAS, part 90, and part 
101 microwave operations in the 2483.5-2500 MHz band. Consequently, 
these MSS licensees were not required to relocate incumbent BAS 
operations in the 2483.5-2500 MHz band. Instead, they were required to 
coordinate their proposed operations to avoid causing harmful 
interference to those grandfathered operations in the 2483.5-2500 MHz 
band, and BAS Channels A8 and A9 stations and parts 90 and 101 mobile 
and fixed stations in the 2450-2483.5 MHz band.
    23. Although the Commission has previously concluded that the other 
services authorized to use the 2483.5-2500 MHz band could coordinate 
their operations to avoid causing harmful interference to BAS 
operations in this band, EIBASS has voiced concerns about the potential 
for harmful interference to BAS Channel A10 operations from 
Globalstar's terrestrial low-power network operating in the 2483.5-2495 
MHz band, and has reiterated an interest in ``refarming'' Channels A8-
A10 to resolve long-standing issues with Globalstar and other users in 
the 2483.5-2500 MHz band, such as BRS/EBS.
    24. The Commission seeks comment on Globalstar's ability to 
effectively coordinate the deployment of its terrestrial low-power 
network with primary BAS Channel A10 operations in the 2483.5-2500 MHz 
band. Are there criteria that can be used in deploying low-power 
network access points that will be effective in avoiding interference 
to primary BAS operations, and, if so, what are they? Alternatively, is 
access-point-by-access-point coordination feasible? The Commission 
seeks input on what specific procedures, rule changes, or policies may 
be necessary to either continue to protect grandfathered BAS Channel 
A10 stations from harmful interference or to relocate such stations.

E. Part 15 Rules

    25. Section 15.205 of the Commission's rules specifies certain 
bands in which unlicensed devices are restricted from operation, 
including the 2483.5-2500 MHz band. The restriction protects MSS 
operations in that band, and prohibits any emissions in the band by 
unlicensed operations, other than spurious emissions.
    26. Given the unusual circumstances involved here, with Globalstar 
proposing to transmit a signal that is in part operating under rules 
for unlicensed operations and in part under rules for licensed 
operations, the Commission seeks comment on whether it should interpret 
Sec.  15.205 of the rules to apply to Globalstar's proposed deployment 
in the 2483.5-2495 MHz band. The rule was not developed with this type 
of operation in mind and Globalstar's managed deployment of equipment 
may provide an alternative means of ensuring self-interference 
protection of MSS operations. We seek comment on, alternatively, 
providing an explicit exception in Sec.  15.205(d) of the rules for 
unlicensed operations involving a signal emitted from low-power ATC 
equipment.
    27. The Wi-Fi Alliance requested in comments concerning 
Globalstar's rulemaking petition that the Commission consider revising 
the band-edge restriction and unwanted emissions limits specified in 
Sec. Sec.  15.205 and 15.209, respectively, to enable the use of 
Channels 12 and 13 by Wi-Fi and other unlicensed devices, provided that 
use does not interfere with Globalstar's licensed low-power ATC 
operations in the upper portion of Channel 14, i.e., in the 2483.5-2495 
MHz band. Globalstar indicated that it does not object to seeking 
further comment on this issue, but noted that the existing unwanted 
emissions limits are necessary in order to protect its MSS in the 
2483.5-2495 MHz band, and that it is fully committed to maintaining 
that service. Accordingly, the Commission seeks comment on this issue. 
Would relaxation of the limits in order to enable use of Channels 12 
and 13 degrade MSS capabilities, particularly if those capabilities are 
not deployed on the same managed basis as Globalstar contemplates for 
its operations in Channel 14?

F. Equipment Certification

    28. A party seeking to market RF devices to the public must first 
comply with the Commission's equipment authorization procedures, which, 
inter alia, require a demonstration that the device complies with the 
Commission's rules. 47 CFR 2.803, 2.901. The Commission proposes to 
require equipment manufacturers to certify all terrestrial low-power 
equipment under modified provisions specified in Sec.  25.149 of the 
rules. The proposed rules would not distinguish between low-power 
network access points and end user terminals or client devices, and 
would require certification for all low-power network equipment. Since 
the equipment will be operating simultaneously under the provisions of 
Sec.  15.247 and modified provisions specified in Sec.  25.149, we also 
tentatively conclude that the equipment must be certified under both of 
the rule parts. In such cases the device could be treated like a 
composite device subject to multiple rule parts. Composite devices are 
required to ensure compliance with the relevant rule parts. The 
Commission seeks comment on this approach and how compliance should be 
demonstrated for such devices. The Commission also concludes that the 
current certification procedures in subpart J of part 2 of the rules 
permit such approval and seeks comment on this conclusion.
    29. A grant of equipment certification specifies the frequency 
range over which the equipment is approved to operate. A grantee of 
equipment certification may obtain authorization to add additional 
frequency bands to a previously approved device by filing a new 
application for certification and labeling the equipment with a new FCC 
ID. In some cases, the Commission permits grantees to add new frequency 
bands to a previously certified device by filing a request for a 
``permissive change.'' If the changes are made through software, the 
Commission has permitted the grantees to add certain additional 
frequency bands; however, the Commission does not permit a grantee of 
certification to add or change the rule part under which a device is 
certified (e.g., from part 15 to part 25) by filing a request for a 
permissive change, unless the equipment was originally certified as a 
software defined radio (SDR). For such a change, the Commission would 
require the grantee to file a new application for certification and 
label the equipment with a new FCC ID.
    30. Globalstar maintains that Wi-Fi enabled devices can be upgraded 
through software based modification. The Commission seeks comment on 
requiring applicants for certification of certain equipment that 
operates in the 2483.5-2495 MHz band to provide evidence of 
Globalstar's consent to the

[[Page 9451]]

applicant's request for equipment certification. Specifically, the 
Commission proposes limiting this requirement to equipment that 
operates in the 2483.5-2495 MHz band that is used as a network access 
point and that will operate as a master device as defined in Sec.  
15.202 of the Commission's rules, since the master device in a system 
controls the frequencies on which other devices in the system (client 
or end user terminal devices) can operate. The Commission seeks comment 
on whether a requirement to obtain Globalstar's consent is unnecessary 
for the certification of devices that operate exclusively as a client 
to a master device. Globalstar expects that network access points 
operating in the 2483.5-2495 MHz band would be new devices. The 
Commission seeks comment on whether requiring this additional step 
would place a significant burden on device manufacturers.
    31. In the case of client or end user terminal devices that would 
operate with the master or network access points, Globalstar stated 
that to expand the operating frequency range of existing devices to 
include the 2483.5-2495 MHz band, the original grantees of 
certification for those devices will have to submit permissive change 
filings describing the proposed modifications. It also stated that it 
has the ability to control the availability of software updates for 
end-user devices and will provide the update only to devices certified 
by the Commission and to end-users authenticated to receive service 
over Globalstar's facilities. Globalstar further stated that most 
802.11-enabled end-user devices have the hardware needed to operate at 
2473-2495 MHz, but lack the capability to operate above 2483.5 MHz in 
the United States because of restrictions in their radio frequency (RF) 
software.
    32. The Commission seeks comment on the capability of existing part 
15 devices to be modified through software directly provided by 
Globalstar to use the 2473-2495 MHz frequency band with the 
transmission format that Globalstar proposed. In particular, the 
Commission seeks comment on whether the currently deployed devices have 
the hardware capability to operate in the additional frequency band 
with the Globalstar proposed protocol. The Commission also seeks 
comment on whether existing devices could be modified though over-the-
air software changes, or whether changes to the devices' firmware would 
be necessary. In addition, the Commission seeks comment on the means 
that Globalstar plans to use to control the availability of software 
updates and prevent unauthorized modifications to certified equipment. 
The Commission further seeks comment on how Globalstar will limit 
operation of equipment to parties that are authorized to use its 
spectrum, and on how the Commission would ensure that the modified 
devices would be compliant with the proposed rules.
    33. The Commission does not currently permit grantees or third-
parties to modify non-SDR devices to operate under additional rule 
parts through a permissive change, but instead requires a new grant of 
certification and a new FCC ID. If the client devices can be modified 
by over-the-air software upgrades by Globalstar, how should such change 
be classified under our current rules and which party should be held 
responsible for compliance of the devices? Globalstar stated that 
grantees of such devices should file for a permissive change prior to 
Globalstar software upgrade. Also, if the client devices need firmware 
modifications which will require a filing of new equipment 
authorization with the Commission, this may require a large number of 
filings for permissive changes, if appropriate, or applications for new 
filings. This may inhibit manufacturers from taking advantage of the 
proposed rule changes. Thus, the Commission invites comments on the 
costs and benefits of different approaches to reduce the compliance 
burden on various parties while providing the assurance that modified 
devices are compliant with the revised rules. The Commission announced 
at its June 13, 2012 meeting that it is planning to initiate a 
proceeding to consider possible changes to the equipment certification 
procedures, including the permissive change rules. In the interim, the 
Commission seeks comment on whether, in the interim, more limited 
changes concerning only the Globalstar proposal would serve the public 
interest. Should the Commission permit Globalstar, or parties working 
with Globalstar, to add new frequency bands to previously approved 
equipment without the need to label equipment with a new FCC ID?

G. Free Access Points and Public Safety Considerations

    34. In its Petition, Globalstar committed to ``deploying up to 
twenty thousand [low-power ATC] access points free of charge in the 
nation's public and non-profit schools, community colleges and 
hospitals.'' Subsequently, Globalstar noted in an ex parte filing that 
it fully supports the ConnectED initiative and that ``Globalstar's 
[low-power ATC] can play an important part in meeting the ambitious 
objectives of ConnectED.'' Further, Globalstar also committed to 
providing its ``mobile satellite service free of charge to Globalstar 
subscribers within any federally declared ``disaster area'' following a 
natural or man-made disaster.'' The Commission seeks comment on whether 
one or both of Globalstar's commitments should be incorporated as 
requirements in the Commission's rules. Alternatively, the Commission 
invites comment on directing the International Bureau to include one or 
both of Globalstar's commitments as license conditions, in the event 
that the Commission adopts rules as contemplated in this proceeding.

Procedural Matters

A. Regulatory Flexibility Act

    35. As required by the Regulatory Flexibility Act, 5 U.S.C. 603, 
the Commission has prepared an Initial Regulatory Flexibility Analysis 
(IRFA) regarding the possible significant economic impact on a 
substantial number of small entities of the proposals addressed in the 
Commission's proposed rules. The IRFA is set forth below. Written 
public comments are requested on the IRFA.

B. Initial Paperwork Reduction

    36. This document contains proposed new information collection 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general public and OMB to comment 
on the information collection requirements contained in this document, 
as required by PRA. In addition, pursuant to the Small Business 
Paperwork Relief Act of 2002, the Commission seeks specific comment on 
how it might ``further reduce the information collection burden for 
small business concerns with fewer than 25 employees.''

C. Ex Parte Rules

    37. This proceeding shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. Persons 
making ex parte presentations must file a copy of any written 
presentation or a memorandum summarizing any oral presentation within 
two business days after the presentation (unless a different deadline 
applicable to the Sunshine period applies). Persons making oral ex 
parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte

[[Page 9452]]

presentation was made, and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with Sec.  1.1206(b) of the Commission's rules. In 
proceedings governed by Sec.  1.49(f) or for which the Commission has 
made available a method of electronic filing, written ex parte 
presentations and memoranda summarizing oral ex parte presentations, 
and all attachments thereto, must be filed through the electronic 
comment filing system available for that proceeding, and must be filed 
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). 
Participants in this proceeding should familiarize themselves with the 
Commission's ex parte rules.

D. Filing Requirements

    38. Comments and Replies. Pursuant to Sec. Sec.  1.415 and 1.419 of 
the Commission's rules, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: https://fjallfoss.fcc.gov/ecfs2/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours 
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes and boxes must be 
disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW., Washington, DC 20554.
    39. Availability of Documents. Comments, reply comments, and ex 
parte submissions will be available for public inspection during 
regular business hours in the FCC Reference Center, Federal 
Communications Commission, 445 12th Street SW., CY-A257, Washington, DC 
20554. These documents will also be available via ECFS. Documents will 
be available electronically in ASCII, Word 97, and/or Adobe Acrobat.
    40. People With Disabilities: To request materials in accessible 
formats for people with disabilities (Braille, large print, electronic 
files, audio format), send an email to fcc504@fcc.gov or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

Initial Regulatory Flexibility Analysis

    41. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission has prepared this present Initial 
Regulatory Flexibility Analysis (IRFA) of the possible significant 
economic impact on a substantial number of small entities by the 
policies and rules proposed in IB Docket No. 13-213. Written public 
comments are requested on this IRFA. Comments must be identified as 
responses to the IRFA.

A. Need for, and Objectives of, the Proposed Rules

    42. The Commission proposes modified rules for the operation of the 
Ancillary Terrestrial Component (ATC) of the single Mobile-Satellite 
Service (MSS) system operating in the 2483.5-2500 MHz frequency band. 
The proposed changes would allow Globalstar, Inc. (Globalstar) to 
deploy a low-power broadband network in the Big LEO S band. Under the 
proposals, Globalstar would be able to provide low-power ATC using its 
licensed spectrum under certain limited technical criteria, and could 
utilize spectrum in the adjacent 2473-2483.5 MHz band pursuant to the 
technical rules for unlicensed operations that apply in that band. The 
Commission proposes to make changes to relieve Globalstar from certain 
requirements in part 25 of the rules to provide for the operation of 
low-power ATC in the licensed MSS spectrum in the 2483.5-2495 MHz band. 
The Commission also proposes technical rules to prevent unwanted 
emissions to other services operating in or above or below the 2473-
2495 MHz band and seeks comment on preventing interference.
    43. The Commission seeks comment on the treatment of the proposed 
operations under a part 15 rule which specifies certain bands in which 
unlicensed devices are restricted from operation, and on the 
application of certain Part 15 equipment certification rules with 
respect to the proposed Globalstar network. The Commission also seeks 
comment on procedures for equipment certification and on the procedures 
that should be followed for modifying the devices that will provide the 
proposed network.

B. Legal Basis

    44. The proposed action is authorized pursuant to sections 1, 2, 
4(i), 301, 302, 303, and 324 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 152, 154(i), 301, 302, 303, and 324.

C. Description and Estimate of the Number of Small Entities to Which 
Rules Will Apply

    45. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the rules adopted herein. The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A small business concern is one that: (1) Is independently owned 
and operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the Small Business 
Administration (SBA). Below, we further describe and estimate the 
number of small entity licensees that may be affected by the adopted 
rules.
Satellite Telecommunications and All Other Telecommunications
    46. The rules proposed would affect some providers of satellite 
telecommunications services, if adopted. Satellite telecommunications 
service providers include satellite and

[[Page 9453]]

earth station operators. Since 2007, the SBA has recognized two census 
categories for satellite telecommunications firms: ``Satellite 
Telecommunications'' and ``Other Telecommunications.'' Under the 
``Satellite Telecommunications'' category, a business is considered 
small if it had $30 million or less in average annual receipts. Under 
the ``Other Telecommunications'' category, a business is considered 
small if it had $30 million or less in average annual receipts.
    47. The first category of Satellite Telecommunications ``comprises 
establishments primarily engaged in providing point-to-point 
telecommunications services to other establishments in the 
telecommunications and broadcasting industries by forwarding and 
receiving communications signals via a system of satellites or 
reselling satellite telecommunications.'' For this category, Census 
Bureau data for 2007 show that there were a total of 512 satellite 
communications firms that operated for the entire year. Of this total, 
464 firms had annual receipts of under $10 million, and 18 firms had 
receipts of $10 million to $24,999,999.
    48. The second category of Other Telecommunications is comprised of 
entities ``primarily engaged in providing specialized 
telecommunications services, such as satellite tracking, communications 
telemetry, and radar station operation. This industry also includes 
establishments primarily engaged in providing satellite terminal 
stations and associated facilities connected with one or more 
terrestrial systems and capable of transmitting telecommunications to, 
and receiving telecommunications from, satellite systems. 
Establishments providing Internet services or voice over Internet 
protocol (VoIP) services via client-supplied telecommunications 
connections are also included in this industry.'' For this category, 
Census Bureau data for 2007 show that there were a total of 2,383 firms 
that operated for the entire year. Of this total, 2,346 firms had 
annual receipts of under $25 million. Some of these ``Other 
Telecommunications firms,'' which are small entities, are earth station 
applicants/licensees that might be affected if the proposed rule 
changes are adopted.
    49. The proposed rule changes only impact one Satellite 
Telecommunications Service Provider, Globalstar, Inc. Globalstar 
reported $76.3 million in revenue in 2012. Regarding the use of the 
frequency bands that are the subject of this rulemaking, the applicable 
definition of small entity is the definition under the Small Business 
Administration (SBA) rules applicable to Satellite Telecommunications. 
Because the proposed rule amendments affect only Globalstar, which 
cannot be described as a small entity, and no other satellite 
telecommunications service providers, the Commission believes that no 
substantial number of small entities is potentially affected by our 
actions.
Radio and Television Broadcasting and Wireless Communications Equipment 
Manufacturing
    50. The proposed rules will pertain to manufacturers of unlicensed 
communications devices. The appropriate small business size standard is 
that which the SBA has established for radio and television 
broadcasting and wireless communications equipment manufacturing. The 
Census Bureau defines this category as follows: ``This industry 
comprises establishments primarily engaged in manufacturing radio and 
television broadcast and wireless communications equipment. Examples of 
products made by these establishments are: Transmitting and receiving 
antennas, cable television equipment, GPS equipment, pagers, cellular 
phones, mobile communications equipment, and radio and television 
studio and broadcasting equipment.'' The SBA has developed a small 
business size standard for firms in this category, which is: all such 
firms having 750 or fewer employees. According to Census Bureau data 
for 2007, there were a total of 939 establishments in this category 
that operated for part or all of the entire year. Of this total, 784 
had fewer than 500 employees and 155 had more than 100 employees. Thus, 
under this size standard, the majority of firms can be considered 
small.
    51. The Commission anticipates that the proposed rules will affect 
equipment manufacturers of unlicensed communications devices, because 
the proposed rules would apply existing part 15 equipment certification 
rules to the proposed equipment that would provide low-power ATC 
service. The Commission proposes to apply the rules in part 15 to both 
existing equipment as well as new equipment that will be manufactured.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    52. The Commission seeks comment on whether it would be necessary 
to adopt rule changes that could affect the reporting, recordkeeping, 
and other compliance requirements for small business equipment 
manufacturers who would provide the equipment for the contemplated new 
service.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    53. The RFA requires that, to the extent consistent with the 
objectives of applicable statutes, the analysis shall discuss 
significant alternatives such as: (1) The establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance and 
reporting requirements under the rule for small entities; (3) the use 
of performance, rather than design, standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for small entities.
    54. The Commission seeks comment from all interested parties. The 
Commission recognizes that proposals to require equipment manufacturers 
to comply with both existing and proposed equipment certification rules 
may impact small entities. To the extent possible, the Commission seeks 
to minimize the impact the proposed rule changes would have on small 
entities and seeks comment on those proposed changes. For devices which 
will operate on the low-power broadband network proposed, the 
Commission proposes that the equipment certification rules contained in 
part 15 of the Commission's rules apply to operations in the 2473-
2483.5 MHz band. For operations in the 2483.5-2495 MHz band, the 
Commission proposed modifications to rules in Sec.  25.149 of the 
Commission's rules. Since the operations will cover this band and the 
2483.5-2495 MHz band, the devices may be treated as composite devices 
which would be required to comply with the relevant portions of both 
rule parts.
    55. The Commission also suggests limiting a proposed rule, which 
would require parties seeking certification of equipment to provide 
evidence of Globalstar's consent to their request for equipment 
certification, to equipment that is used as a network access point and 
will operate as a master device. The Commission proposes not imposing 
this requirement on devices that will serve only as a client to a 
master device. The Commission seeks comment on whether already 
manufactured devices can be modified by over-the-air software upgrades 
or through firmware upgrades and how those modifications should be 
classified under the rules, as a

[[Page 9454]]

permissive change or as an application for a new filing. Finally, the 
Commission seeks comment from parties to ascertain the benefits and 
costs of different certification approaches to reduce the compliance 
burden on affected parties.
    56. Small entities are encouraged to bring to the Commission's 
attention any specific concerns they may have with the proposals. The 
Commission expects to consider the economic impact on small entities, 
as identified in comments filed, in reaching its final conclusions and 
taking action in this proceeding.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    57. None.

Conclusion

    58. This action could potentially help to meet growing consumer 
demand for wireless broadband. At the same time, concerns have been 
raised about certain detrimental impacts on unlicensed devices. The 
Commission seeks comment on the costs and benefits of the approach 
proposed and on the changes to our rules, which may facilitate such 
deployment and minimize any negative impacts to authorized services and 
unlicensed devices that operate in and/or adjacent to the same bands 
that Globalstar proposed to use for its low-power terrestrial network.

Ordering Clauses

    59. Accordingly, it is ordered that, pursuant to the authority 
contained in sections 4(i), 4(j), 7(a), 302(a), 303(c), 303(e), 303(f), 
303(g), 303(j), and 303(r) 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), and 303(r), this Notice of Proposed Rulemaking 
in IB Docket No. 13-147 is adopted.
    60. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this NPRM, including the Initial Regulatory Flexibility 
Certification, to the Chief Counsel for Advocacy of the Small Business 
Administration.
    61. It is further ordered pursuant to sections 4(i) and (j) and 
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
(j), 303(r), and Sec.  1.407 of the Commission's Rules, 47 CFR 1.407, 
that the Petition for Rulemaking filed by Globalstar, Inc. on November 
13, 2012, is granted to the extent provided in this NPRM.

List of Subjects in 47 CFR Part 25

    Satellites, Telecommunications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 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, 310, and 332, of the Communications Act, as 
amended, 47 U.S.C. sections 154, 301, 302, 303, 307, 309, 310, and 
332 unless otherwise noted.

0
2. Section 25.149 is amended by
0
a. Revising paragraph (a)(1), the note to paragraph (a)(1), and 
paragraph (c)(3);
0
b. Adding paragraph (c)(4);
0
c. Revising paragraph (e);
0
d. Redesignating paragraph (g) as (h); and
0
e. Adding new paragraph (g) to read as follows:


Sec.  25.149  Application requirements for ancillary terrestrial 
components in the Mobile-Satellite Service networks operating in the 
1.5./1.6 GHz, and 1.6/2.4 GHz Mobile-Satellite Service.

    (a) * * *
    (1) ATC shall be deployed in the forward-band mode of operation 
whereby the ATC mobile terminals transmit in the MSS uplink bands and 
the ATC base stations transmit in the MSS downlink bands in portions of 
the 2000-2020 MHz/2180-2200 MHz bands (2 GHz band), the 1626.5-1660.5 
MHz/1525-1559 MHz bands (L-band), and the 1610-1626.5 MHz/2483.5-2500 
MHz bands (1.6/2.4 GHz).

    Note to paragraph (a)(1): An L-band MSS licensee is permitted to 
apply for ATC authorization based on a non-forward-band mode of 
operation provided it is able to demonstrate that the use of a non-
forward-band mode of operation would produce no greater potential 
interference than that produced as a result of implementing the 
rules of this section. A 1.6/2.4 GHz licensee is permitted to apply 
for ATC authorization on a non-forward-band mode of operations where 
the equipment deployed will meet the requirements of paragraph 
(c)(4) of this section.

* * * * *
    (c) * * *
    (3) Licensees and manufacturers are subject to the radiofrequency 
radiation exposure requirements specified in Sec. Sec.  1.1307(b), 
2.1091, and 2.1093 of this chapter, as appropriate. ATC base stations 
must comply with the requirements specified in Sec.  1.1307(b) of this 
chapter for PCS base stations. ATC mobile stations must comply with the 
requirements specified for mobile and portable PCS transmitting devices 
in Sec.  1.1307(b) of this chapter. ATC mobile terminals must also 
comply with the requirements in Sec. Sec.  2.1091 and 2.1093 of this 
chapter for Satellite Communications Services devices. Applications for 
equipment authorization of ATC mobile or portable devices operating 
under this section must contain a statement confirming compliance with 
these requirements for both fundamental emissions and unwanted 
emissions. Technical information showing the basis for this statement 
must be submitted to the Commission upon request.
    (4) Applications for equipment authorization of terrestrial low-
power system equipment (access point and end-user devices) operating 
under this section in the 2483.5-2495 MHz band must demonstrate the 
following:
    (i) The system is digitally modulated;
    (ii) The 6 dB bandwidth is at least 500 kHz;
    (iii) The maximum transmit power is no more than 1 Watt with a peak 
EIRP of no more than 6 dBW;
    (iv) The maximum power spectral density conducted to the antenna 
shall not be greater than 8 dBm in any 3 kHz band during any time 
interval of continuous transmission;
    (v) Emissions above 2495 MHz shall be attenuated by a factor of at 
least 40 + 10 log (P) dB at the channel edge at 2495 MHz, 43 + 10 log 
(P) dB at 5 MHz from the channel edges, and 55 + 10 log (P) dB at X MHz 
from the channel edges where X is the greater of 6 MHz or the actual 
emission bandwidth.
    (vi) Compliance with these rules is based on the use of measurement 
instrumentation employing a resolution bandwidth of 1 MHz or greater. 
However, in the 1 MHz bands immediately above and adjacent to the 2495 
MHz a resolution bandwidth of at least 1 percent of the emission 
bandwidth of the fundamental emission of the transmitter may be 
employed. If 1 percent of the emission bandwidth of the fundamental 
emission is less than 1 MHz, the power measured must be integrated over 
the required measurement bandwidth of 1 MHz. A resolution bandwidth 
narrower than 1 MHz is permitted to improve measurement accuracy, 
provided the measured power is integrated over the full required 
measurement bandwidth (i.e., 1 MHz). The emission bandwidth of the 
fundamental emission of a transmitter is defined as the width of

[[Page 9455]]

the signal between two points, one below the carrier center frequency 
and one above the carrier center frequency, outside of which all 
emissions are attenuated at least 26 dB below the transmitter power. 
When an emission outside of the authorized bandwidth causes harmful 
interference, the Commission may, at its discretion, require greater 
attenuation than specified in this section.

    Note to paragraph (c)(4):  Systems meeting the requirements set 
forth in this section are deemed to have also met the requirements 
of Sec.  25.254. No further demonstration is needed for these 
systems with respect to Sec.  25.254.

* * * * *
    (e) Except as provided for in paragraphs (f) and (g) of this 
section, no application for an ancillary terrestrial component shall be 
granted until the applicant has demonstrated actual compliance with the 
provisions of paragraph (b) of this section. Upon receipt of ATC 
authority, all ATC licensees must ensure continued compliance with this 
section and Sec.  25.253 or Sec.  25.254, as appropriate.
* * * * *
    (g) Special provisions for terrestrial low-power systems in the 
2473-2495 MHz band. An operational MSS system that applies for 
authority to deploy ATC in the 2483.5-2495 MHz band for terrestrial 
low-power operations satisfying the equipment certification 
requirements of paragraph (c)(4) of this section is not required to 
demonstrate compliance with paragraph (b) of this section, except to 
demonstrate the commercial availability of MSS, without regard to 
coverage requirements.
* * * * *
[FR Doc. 2014-03618 Filed 2-14-14; 4:15 pm]
BILLING CODE 6712-01-P