Commission's Rules Governing the Use of Earth Stations Aboard Aircraft Communicating With Fixed-Satellite Service Geostationary-Orbit Space Stations Operating in the Ku-Bands, 26863-26868 [2014-10876]
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Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Rules and Regulations
emcdonald on DSK67QTVN1PROD with RULES
audio format), send an email to fcc504@
fcc.gov <mailto:fcc504@fcc.gov> or call
the Consumer and Governmental Affairs
Bureau at (202) 418–0530 (voice), (202)
418–0432 (TTY).
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
received OMB approval on April 9,
2014, for the revised information
collection requirements contained in the
information collection 3060–1039.
Under 5 CFR part 1320, an agency
may not conduct or sponsor a collection
of information unless it displays a
current, valid OMB Control Number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
display a current, valid OMB Control
Number. The OMB Control Number is
3060–1039.
The foregoing notice is required by
the Paperwork Reduction Act of 1995,
Public Law 104–13, October 1, 1995,
and 44 U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–1039.
OMB Approval Date: April 9, 2014.
OMB Expiration Date: October 31,
2014.
Title: Nationwide Programmatic
Agreement Regarding the Section 106
National Historic Preservation Act
Review Process, WT Docket No. 03–128.
Form No.: FCC Forms 620 and 621;
TCNS E-Filing.
Respondents: Business or Other ForProfit Entities; Not-For-Profit
Institutions; State, Local or Tribal
Governments.
Number of Respondents and
Responses: 13,500 respondents and
13,500 responses.
Estimated Time per Response: 5 to 20
hours.
Frequency of Response: On occasion
reporting requirement, Recordkeeping
requirement, Third party disclosure
requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection of
information is contained in sections 1,
4(i), 303(q), 303(r), 309(a), 309(j) and
319 of the Communications Act of 1934,
as amended, 47 U.S.C. 151, 154(i),
303(q), 303(r), 309(a), 309(j) and 319,
sections 101(d)(6) and 106 of the
National Historic Preservation Act
(NHPA) of 1966, 16 U.S.C. 470a(d)(6)
and 470f, 47 CFR 800.14(b) of the
Advisory Council on Historic
Preservation.
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Total Annual Burden: 97,929 hours.
Total Annual Cost: $13,087,425.
Nature and Extent of Confidentiality:
In general there is no need for
confidentiality. On a case by case basis,
the Commission may be required to
withhold from disclosure certain
information about the location,
character, or ownership of a historic
property, including traditional religious
sites.
Privacy Impact Assessment: No
impact(s).
Needs and Uses: The data is used by
FCC staff, State Historic Preservation
Officers (SHPO), Tribal Historic
Preservation Officers (THPO) and the
Advisory Council of Historic
Preservation (ACHP) to take such action
as may be necessary to ascertain
whether a proposed action may affect
sites of cultural significance to Tribal
Nations and historic properties that are
listed or eligible for listing on the
National Register as directed by Section
106 of the National Historic
Preservation Act (NHPA) and the
Commission’s rules.
FCC Form 620, New Tower (NT)
Submission Packet is to be completed
by or on behalf of applicants to
construct new antenna support
structures by or for the use of licensees
of the FCC. The form is to be submitted
to the State Historic Preservation Office
(‘‘SHPO’’) or to the Tribal Historic
Preservation Office (‘‘THPO’’), as
appropriate, and the Commission before
any construction or other installation
activities on the site begins. Failure to
provide the form and complete the
review process under Section 106 of the
NHPA prior to beginning construction
may violate Section 110(k) of the NHPA
and the Commission’s rules.
FCC Form 621, Collocation (CO)
Submission Packet is to be completed
by or on behalf of applicants who wish
to collocate an antenna or antennas on
an existing communications tower or
non-tower structure by or for the use of
licensees of the FCC. The form is to be
submitted to the State historic
Preservation Office (‘‘SHPO’’) or to the
Tribal Historic Preservation Office
(‘‘THPO’’), as appropriate, and the
Commission before any construction or
other installation activities on the site
begins. Failure to provide the form and
complete the review process under
Section 106 of the NHPA prior to
beginning construction or other
installation activities may violate
Section 110(k) of the NHPA and the
Commission’s rules.
The Tower Construction Notification
System (TCNS) is used by or on behalf
of Applicants proposing to construct
new antenna support structures, and
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26863
some collocations, to ensure that Tribal
Nations have the requisite opportunity
to participate in review prior to
construction. To facilitate this
coordination, Tribal Nations have
designated areas of geographic
preference, and they receive automated
notifications based on the site
coordinates provided in the filing.
Applicants complete TCNS before filing
a 620 or 621 and all the relevant data
is pre-populated on the 620 and 621
when the forms are filed electronically.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison, Office of the
Secretary, Office of Managing Director.
[FR Doc. 2014–10768 Filed 5–9–14; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 2 and 25
[IB Docket No. 12–376; FCC 14–45]
Commission’s Rules Governing the
Use of Earth Stations Aboard Aircraft
Communicating With Fixed-Satellite
Service Geostationary-Orbit Space
Stations Operating in the Ku-Bands
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) promotes regulatory
parity for Earth Stations Aboard Aircraft
(ESAA) by adopting a primary
allocation for ESAA in the 14.0–14.5
GHz band. The Commission also
provides regulatory certainty by
clarifying some of the ESAA rules.
DATES: Effective June 11, 2014.
FOR FURTHER INFORMATION CONTACT:
Jennifer Balatan or Howard Griboff,
Policy Division, International Bureau,
(202) 418–1460.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Second
Report and Order and Order on
Reconsideration (Second R&O and
Recon Order), FCC 14–45, adopted on
April 17, 2014, and released on April
18, 2014. The full text of this document
is available for inspection and copying
during normal business hours in the
Commission Reference Center, 445 12th
Street SW., Washington, DC 20554. The
document is also available for download
over the Internet at https://
transition.fcc.gov/Daily_Releases/Daily_
Business/2014/db0418/FCC-1445A1.pdf. The complete text may also
be purchased from the Commission’s
SUMMARY:
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Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Rules and Regulations
copy contractor, Best Copy and Printing,
in person at 445 12th Street SW., Room
CY–B402, Washington, DC 20554, via
telephone at (202) 488–5300, via
facsimile at (202) 488–5563, or via email
at Commission@bcpiweb.com.
emcdonald on DSK67QTVN1PROD with RULES
Summary
1. On June 30, 2009, the Commission
adopted the ESAA Notice of Proposed
Rulemaking and Report and Order in IB
Docket No. 07–101 (ESAA NPRM &
Order), 78 FR 14920–01, March 8, 2013,
(Final Rule), as amended at 78 FR
67309–01, November 12, 2013, and 78
FR 14952–01 (Notice), March 8, 2013, as
amended at 78 FR 19172–01, March 29,
2013, establishing licensing and service
rules for ESAA operating in the 14.0–
14.5 GHz/11.7–12.2 GHz (Ku-band)
frequencies. In the Second R&O and
Recon Order, the Commission elevates
ESAA from secondary status to primary
status in the 14.0–14.5 GHz band and,
as a result, modifies Non-governmental
footnote NG55 in the U.S. Table of
Frequency Allocations. The Second
R&O and Recon Order also addresses
several issues raised by a Petition for
Reconsideration and Clarification filed
by The Boeing Company (Boeing) with
respect to discrete portions of the ESAA
rules adopted in the ESAA NPRM &
Order. First, the Second R&O and Recon
Order clarifies the language in §§ 25.103
and 25.227(a)(14) to make clear that the
Commission licenses ESAA terminals
on all U.S.-registered civil aircraft
regardless of whether that aircraft is
operating within or outside of U.S.
territory. The Second R&O and Recon
Order also clarifies § 25.227(b)(3)(i) to
more closely reflect the language in the
ESAA NPRM & Order and in
§ 25.222(b)(3)(ii) of the rules for Earth
Stations on Vessels. Further, the Second
R&O and Recon Order clarifies the
meaning of sigma in
§ 25.227(b)(1)(iii)(A), which sets forth
the licensing requirement for
demonstrating compliance with antenna
pointing error limitations.
Final Regulatory Flexibility Analysis
2. The Regulatory Flexibility Act of
1980, as amended (RFA), requires that a
regulatory flexibility analysis be
prepared for notice-and-comment rule
making proceedings, unless the agency
certifies that ‘‘the rule will not, if
promulgated, have a significant
economic impact on a substantial
number of small entities.’’ The RFA
generally defines the term ‘‘small
entity’’ as having the same meaning as
the terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
jurisdiction.’’ In addition, the term
‘‘small business’’ has the same meaning
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as the term ‘‘small business concern’’
under the Small Business Act. A ‘‘small
business concern’’ is one which: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the U.S. Small Business
Administration (SBA).
3. In light of the rules adopted in the
Second R&O and Recon Order, we find
that there are only two categories of
licensees that would be affected by the
new rules. These categories of licensees
are Satellite Telecommunications and
Fixed-Satellite Transmit/Receive Earth
Stations. The SBA has determined that
the small business size standard for
Satellite Telecommunications is a
business that has $30 million or less in
average annual receipts. Commission
records reveal that there are 20 space
station licensees and operators in the
Ku-band. We do not request or collect
annual revenue information concerning
such licensees and operators, and thus
are unable to estimate the number of
geostationary space station licensees
and operators that would constitute a
small business under the SBA definition
cited above, or apply any rules
providing special consideration for
geostationary space station licensees
and operators that are small businesses.
Currently there are approximately 2,879
operational fixed-satellite transmit/
receive earth stations authorized for use
in the Ku-band. The Commission does
not request or collect annual revenue
information, and thus is unable to
estimate the number of earth stations
that would constitute a small business
under the SBA definition. Of the two
classifications of licensees, we estimate
that approximately six (6) entities will
provide ESAA service. For the reasons
described below, we certify that the
clarification to the rules adopted in the
Second R&O and Recon Order will not
have a significant economic impact on
a substantial number of small entities.
4. In the ESAA NPRM & Order, the
Commission tentatively concluded that
ESAA should be authorized on a
primary basis in the 14.0–14.5 GHz
uplink band, noting that several parties
had argued that regulatory parity calls
for ESAA to be primary, just like ESV
and VMES are primary in that band. The
Commission proposed to revise footnote
NG55 which would grant primary status
to ESAA in the 14.0–14.5 GHz band,
and, as an administrative matter,
combine ESV, VMES and ESAA into the
same footnote as applications of the FSS
with primary status in the 11.7–12.2
GHz and 14.0–14.5 GHz bands.
5. In the Second R&O and Recon
Order, the Commission adopted its
tentative conclusion to grant primary
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status to ESAA operators in the 14.0–
14.5 GHz band. The Commission also
made a minor administrative change to
§ 25.227(b)(2)(i) of the Commission’s
rules by replacing the word ‘‘receive’’
with the word ‘‘create’’ in that rule,
acknowledging that the term ‘‘receive’’
was incorrectly put into the rule
originally. The Commission does not
expect a substantial number of small
entities to incur significant costs
associated with the changes adopted in
this Second R&O and Recon Order. The
change from secondary status to primary
status in the 14.0–14.5 GHz band will
benefit both large and small entities by
allowing greater regulatory certainty in
providing ESAA service. In addition,
the administrative change to
§ 25.227(b)(2)(i) is a ‘‘clean-up’’ change
involving no substantive decision of
significance to small business or the
industry in general. Overall, we believe
these changes do not impose a
significant economic impact on small
entities. Therefore, we certify that the
requirements adopted in the Second
R&O and Recon Order will not have a
significant economic impact on a
substantial number of small entities.
6. The ESAA NPRM & Order
established service and licensing rules
for ESAA operations based on the rules
adopted for VSAT networks as well as
ESV and VMES networks, noting that
authorizing ESAA operations in the FSS
Ku-band presented many technical
issues that are similar to authorizing the
ESV and VMES operations in that band.
ESAA terminals communicate with FSS
GSO space stations operating in the
extended Ku-band (10.95–11.2 GHz and
11.45–11.7 GHz bands) and
conventional Ku-band (11.7–12.2 GHz
and 14.0–14.5 GHz bands). As part of
the ESAA service rules, the Commission
adopted technical measures to protect
other radio services in the Ku-band,
including the FSS and FS (in the
extended Ku-band), from harmful
interference. The Commission also
adopted a regulatory framework for
ESAA systems on U.S.-registered
aircraft operating in or near foreign
nations and over international waters
and non-U.S.-registered aircraft
operating in U.S. airspace.
7. The Commission does not expect
small entities to incur significant costs
associated with the changes adopted in
the Second R&O and Recon Order. The
changes will benefit both large and
small entities by allowing greater
regulatory certainty in providing ESAA
service. We believe these changes are
nominal and do not impose a significant
economic impact on small entities.
Therefore, we certify that the
requirements adopted in the Second
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Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Rules and Regulations
R&O and Recon Order will not have a
significant economic impact on a
substantial number of small entities.
Paperwork Reduction Act of 1995
Analysis
8. The Second R&O and Recon Order
does not contain new or modified
information collection requirements
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13. In
addition, therefore, it does not contain
any new or modified information
collection burden for small business
concerns with fewer than 25 employees,
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4).
The Commission will send a copy of
this Second R&O and Recon Order to
Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
emcdonald on DSK67QTVN1PROD with RULES
Ordering Clauses
9. It is ordered that, pursuant to
sections 4(i), 7, 302, 303(c), 303(e),
303(f) and 303(r) of the Communications
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Act of 1934, as amended, 47 U.S.C.
154(i), 157, 302a, 303(c), 303(e), 303(f)
and 303(r), the Second Report and Order
and Order on Reconsideration is
adopted. Part 25 of the Commission’s
rules is amended June 11, 2014.
10. It is further ordered that the
Petition for Reconsideration filed by
The Boeing Company is granted in part
to the extent described above and is
denied in all other respects.
11. It is further ordered that the Final
Regulatory Flexibility Certifications, as
required by section 604 of the
Regulatory Flexibility Act, are adopted.
12. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
the Second Report and Order and Order
on Reconsideration including the Final
Regulatory Flexibility Certifications, to
the Chief Counsel for Advocacy of the
Small Business Administration.
PO 00000
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR parts 2 and
25 as follows:
PART 2—FREQUENCY ALLOCATIONS
AND RADIO TREATY MATTERS;
GENERAL RULES AND REGULATIONS
1. The authority citation for part 2
continues to read as follows:
■
Authority: 47 U.S.C. 154, 302a, 303, and
336, unless otherwise noted.
2. Amend § 2.106, the Table of
Frequency Allocations, as follows:
■ a. Revise pages 47 and 49.
■ b. In the list of ‘‘Non-Federal
Government (NG) Footnotes,’’ revise
footnote NG55 and remove footnotes
NG54, NG183 and NG187.
The revisions read as follows:
■
§ 2.106
*
*
Table of Frequency Allocations.
*
*
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Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Rules and Regulations
26868
*
*
Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Rules and Regulations
*
*
*
NON–FEDERAL GOVERNMENT (NG)
FOOTNOTES
*
*
*
*
*
NG55 In the bands 11.7–12.2 GHz
(space-to-Earth) and 14.0–14.5 GHz
(Earth-to-space), Earth Stations on
Vessels (ESV), Vehicle-Mounted Earth
Stations (VMES), and Earth Stations
Aboard Aircraft (ESAA) as regulated
under 47 CFR part 25 are applications
of the fixed-satellite service and may be
authorized to communicate with
geostationary satellites in the fixedsatellite service on a primary basis.
*
*
*
*
*
PART 25—SATELLITE
COMMUNICATIONS
3. The authority citation for part 25
continues to read as follows:
■
Authority: Interprets or applies sections 4,
301, 302, 303, 307, 309, 319, 332, 705 and
721 of the Communications Act as amended,
47 U.S.C. 154, 301, 302, 303, 307, 309, 319,
332, 605 and 721, unless otherwise noted.
4. Amend § 25.103 by revising the
definition of ‘‘Earth Stations Aboard
Aircraft (ESAA)’’ to read as follows:
■
§ 25.103
Definitions.
*
*
*
*
*
Earth Stations Aboard Aircraft
(ESAA). Earth stations operating aboard
aircraft that receive from and transmit to
geostationary-orbit Fixed-Satellite
Service space stations pursuant to the
requirements in § 25.227.
*
*
*
*
*
■ 5. Amend § 25.227 by revising
paragraphs (a)(14), (b)(1)(iii)(A), (b)(2)(i),
and the second to last sentence of
paragraph (b)(3)(i) to read as follows:
emcdonald on DSK67QTVN1PROD with RULES
§ 25.227 Blanket Licensing provisions for
Earth Stations Aboard Aircraft (ESAAs)
receiving in the 10.95–11.2 GHz (space-toEarth), 11.45–11.7 GHz (space-to-Earth), and
11.7–12.2 GHz (space-to-Earth) frequency
bands and transmitting in the 14.0–14.5 GHz
(Earth-to-space) frequency band, operating
with Geostationary Satellites in the FixedSatellite Service.
(a) * * *
(14) All ESAA terminals operated in
U.S. airspace, whether on U.S.registered civil aircraft or non-U.S.registered civil aircraft, must be licensed
by the Commission. All ESAA terminals
on U.S.-registered civil aircraft
operating outside of U.S. airspace must
be licensed by the Commission, except
as provided by section 303(t) of the
Communications Act.
*
*
*
*
*
(b) * * *
(1) * * *
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(iii) * * *
(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, i.e., that there is
a 0.997 probability the antenna
maintains a pointing error within 0.2°;
and
*
*
*
*
*
(2) * * *
(i) 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.
*
*
*
*
*
(3) * * *
(i) * * * The ESAA applicant also
shall provide a detailed showing that
one or more transmitters are capable of
automatically ceasing or reducing
emissions within 100 milliseconds of
receiving a command from the system’s
network control and monitoring center
that the aggregate off-axis EIRP spectraldensities of the transmitter or
transmitters exceed the off-axis EIRPdensity limits specified in paragraph
(a)(3)(i) of this section. * * *
*
*
*
*
*
[FR Doc. 2014–10876 Filed 5–9–14; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 395
Notice of Regulatory Guidance:
Automatic On-Board Recording
Devices
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of regulatory guidance.
AGENCY:
FMCSA issues regulatory
guidance on two issues involving
roadside inspection of commercial
motor vehicles (CMVs) equipped with
automatic on-board recording devices
(AOBRDs) to assist drivers with hoursof-service (HOS) recordkeeping and
compliance. All prior Agency
interpretations and regulatory guidance,
including memoranda and letters, may
no longer be relied upon to the extent
they are inconsistent with this guidance.
DATES: This regulatory guidance is
effective May 12, 2014.
SUMMARY:
PO 00000
Frm 00040
Fmt 4700
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Mr.
Thomas Yager, Chief, Driver and Carrier
Operations Division, Federal Motor
Carrier Safety Administration, U.S.
Department of Transportation, 1200
New Jersey Avenue SE., Washington,
DC 20590, phone (202) 366–4325, email
MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Legal Basis
The Motor Carrier Safety Act of 1984
(Pub. L. 98–554, Title II, 98 Stat. 2832,
October 30, 1984) (the 1984 Act)
authorizes the Secretary of
Transportation to regulate CMVs and
equipment, and the drivers and motor
carriers that operate them 49 U.S.C.
31136(a)]. Section 211 of the 1984 Act
also gives the Secretary broad power to
‘‘prescribe recordkeeping and reporting
requirements’’ and to ‘‘perform other
acts the Secretary considers
appropriate’’ (49 U.S.C. 31133(a)(8) and
(10)). The Administrator of FMCSA has
been delegated authority under 49 CFR
1.87(f) to carry out the functions vested
in the Secretary by 49 U.S.C. chapter
311, subchapters I and III, relating to
CMV programs and safety regulation.
Background
Motor carriers began to use automated
HOS recording devices in the mid-1980s
to replace paper records. The Federal
Highway Administration, the agency at
that time responsible for motor carrier
safety regulations, published a final rule
in 1988 that defined AOBRDs and set
forth performance standards for their
use (53 FR 38670, September 30, 1988).
AOBRD Display, Recording, and
Printing Requirements
FMCSA has been informed that
inspection officials sometimes request
drivers to provide printouts from
AOBRDs, or to email or fax records of
duty status (RODS) to an enforcement
official. The Agency has also been
advised that, in some cases, inspection
officials have issued citations to CMV
drivers because their AOBRDs did not
display certain information.
The Federal Motor Carrier Safety
Regulations (FMCSRs) have never
required AOBRDs to be capable of
providing printed records at the
roadside, although a driver may
voluntarily do so if his/her AOBRD has
that capability. Such printed
information must meet the display
requirements of § 395.15.
The AOBRD requirements for
recording—but not displaying—
information reflect mid-1980s
information technology. These
requirements were developed when
small electronic displays were relatively
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]]>Agencies
[Federal Register Volume 79, Number 91 (Monday, May 12, 2014)]
[Rules and Regulations]
[Pages 26863-26868]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10876]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 25
[IB Docket No. 12-376; FCC 14-45]
Commission's Rules Governing the Use of Earth Stations Aboard
Aircraft Communicating With Fixed-Satellite Service Geostationary-Orbit
Space Stations Operating in the Ku-Bands
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) promotes regulatory parity for Earth Stations Aboard
Aircraft (ESAA) by adopting a primary allocation for ESAA in the 14.0-
14.5 GHz band. The Commission also provides regulatory certainty by
clarifying some of the ESAA rules.
DATES: Effective June 11, 2014.
FOR FURTHER INFORMATION CONTACT: Jennifer Balatan or Howard Griboff,
Policy Division, International Bureau, (202) 418-1460.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Report and Order and Order on Reconsideration (Second R&O and Recon
Order), FCC 14-45, adopted on April 17, 2014, and released on April 18,
2014. The full text of this document is available for inspection and
copying during normal business hours in the Commission Reference
Center, 445 12th Street SW., Washington, DC 20554. The document is also
available for download over the Internet at https://transition.fcc.gov/Daily_Releases/Daily_Business/2014/db0418/FCC-14-45A1.pdf. The
complete text may also be purchased from the Commission's
[[Page 26864]]
copy contractor, Best Copy and Printing, in person at 445 12th Street
SW., Room CY-B402, Washington, DC 20554, via telephone at (202) 488-
5300, via facsimile at (202) 488-5563, or via email at
Commission@bcpiweb.com.
Summary
1. On June 30, 2009, the Commission adopted the ESAA Notice of
Proposed Rulemaking and Report and Order in IB Docket No. 07-101 (ESAA
NPRM & Order), 78 FR 14920-01, March 8, 2013, (Final Rule), as amended
at 78 FR 67309-01, November 12, 2013, and 78 FR 14952-01 (Notice),
March 8, 2013, as amended at 78 FR 19172-01, March 29, 2013,
establishing licensing and service rules for ESAA operating in the
14.0-14.5 GHz/11.7-12.2 GHz (Ku-band) frequencies. In the Second R&O
and Recon Order, the Commission elevates ESAA from secondary status to
primary status in the 14.0-14.5 GHz band and, as a result, modifies
Non-governmental footnote NG55 in the U.S. Table of Frequency
Allocations. The Second R&O and Recon Order also addresses several
issues raised by a Petition for Reconsideration and Clarification filed
by The Boeing Company (Boeing) with respect to discrete portions of the
ESAA rules adopted in the ESAA NPRM & Order. First, the Second R&O and
Recon Order clarifies the language in Sec. Sec. 25.103 and
25.227(a)(14) to make clear that the Commission licenses ESAA terminals
on all U.S.-registered civil aircraft regardless of whether that
aircraft is operating within or outside of U.S. territory. The Second
R&O and Recon Order also clarifies Sec. 25.227(b)(3)(i) to more
closely reflect the language in the ESAA NPRM & Order and in Sec.
25.222(b)(3)(ii) of the rules for Earth Stations on Vessels. Further,
the Second R&O and Recon Order clarifies the meaning of sigma in Sec.
25.227(b)(1)(iii)(A), which sets forth the licensing requirement for
demonstrating compliance with antenna pointing error limitations.
Final Regulatory Flexibility Analysis
2. The Regulatory Flexibility Act of 1980, as amended (RFA),
requires that a regulatory flexibility analysis be prepared for notice-
and-comment rule making proceedings, unless the agency certifies that
``the rule will not, if promulgated, have a significant economic impact
on a substantial number of small entities.'' The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one which: (1) Is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the U.S. Small
Business Administration (SBA).
3. In light of the rules adopted in the Second R&O and Recon Order,
we find that there are only two categories of licensees that would be
affected by the new rules. These categories of licensees are Satellite
Telecommunications and Fixed-Satellite Transmit/Receive Earth Stations.
The SBA has determined that the small business size standard for
Satellite Telecommunications is a business that has $30 million or less
in average annual receipts. Commission records reveal that there are 20
space station licensees and operators in the Ku-band. We do not request
or collect annual revenue information concerning such licensees and
operators, and thus are unable to estimate the number of geostationary
space station licensees and operators that would constitute a small
business under the SBA definition cited above, or apply any rules
providing special consideration for geostationary space station
licensees and operators that are small businesses. Currently there are
approximately 2,879 operational fixed-satellite transmit/receive earth
stations authorized for use in the Ku-band. The Commission does not
request or collect annual revenue information, and thus is unable to
estimate the number of earth stations that would constitute a small
business under the SBA definition. Of the two classifications of
licensees, we estimate that approximately six (6) entities will provide
ESAA service. For the reasons described below, we certify that the
clarification to the rules adopted in the Second R&O and Recon Order
will not have a significant economic impact on a substantial number of
small entities.
4. In the ESAA NPRM & Order, the Commission tentatively concluded
that ESAA should be authorized on a primary basis in the 14.0-14.5 GHz
uplink band, noting that several parties had argued that regulatory
parity calls for ESAA to be primary, just like ESV and VMES are primary
in that band. The Commission proposed to revise footnote NG55 which
would grant primary status to ESAA in the 14.0-14.5 GHz band, and, as
an administrative matter, combine ESV, VMES and ESAA into the same
footnote as applications of the FSS with primary status in the 11.7-
12.2 GHz and 14.0-14.5 GHz bands.
5. In the Second R&O and Recon Order, the Commission adopted its
tentative conclusion to grant primary status to ESAA operators in the
14.0-14.5 GHz band. The Commission also made a minor administrative
change to Sec. 25.227(b)(2)(i) of the Commission's rules by replacing
the word ``receive'' with the word ``create'' in that rule,
acknowledging that the term ``receive'' was incorrectly put into the
rule originally. The Commission does not expect a substantial number of
small entities to incur significant costs associated with the changes
adopted in this Second R&O and Recon Order. The change from secondary
status to primary status in the 14.0-14.5 GHz band will benefit both
large and small entities by allowing greater regulatory certainty in
providing ESAA service. In addition, the administrative change to Sec.
25.227(b)(2)(i) is a ``clean-up'' change involving no substantive
decision of significance to small business or the industry in general.
Overall, we believe these changes do not impose a significant economic
impact on small entities. Therefore, we certify that the requirements
adopted in the Second R&O and Recon Order will not have a significant
economic impact on a substantial number of small entities.
6. The ESAA NPRM & Order established service and licensing rules
for ESAA operations based on the rules adopted for VSAT networks as
well as ESV and VMES networks, noting that authorizing ESAA operations
in the FSS Ku-band presented many technical issues that are similar to
authorizing the ESV and VMES operations in that band. ESAA terminals
communicate with FSS GSO space stations operating in the extended Ku-
band (10.95-11.2 GHz and 11.45-11.7 GHz bands) and conventional Ku-band
(11.7-12.2 GHz and 14.0-14.5 GHz bands). As part of the ESAA service
rules, the Commission adopted technical measures to protect other radio
services in the Ku-band, including the FSS and FS (in the extended Ku-
band), from harmful interference. The Commission also adopted a
regulatory framework for ESAA systems on U.S.-registered aircraft
operating in or near foreign nations and over international waters and
non-U.S.-registered aircraft operating in U.S. airspace.
7. The Commission does not expect small entities to incur
significant costs associated with the changes adopted in the Second R&O
and Recon Order. The changes will benefit both large and small entities
by allowing greater regulatory certainty in providing ESAA service. We
believe these changes are nominal and do not impose a significant
economic impact on small entities. Therefore, we certify that the
requirements adopted in the Second
[[Page 26865]]
R&O and Recon Order will not have a significant economic impact on a
substantial number of small entities.
Paperwork Reduction Act of 1995 Analysis
8. The Second R&O and Recon Order does not contain new or modified
information collection requirements subject to the Paperwork Reduction
Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it does
not contain any new or modified information collection burden for small
business concerns with fewer than 25 employees, pursuant to the Small
Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
U.S.C. 3506(c)(4). The Commission will send a copy of this Second R&O
and Recon Order to Congress and the Government Accountability Office
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
Ordering Clauses
9. It is ordered that, pursuant to sections 4(i), 7, 302, 303(c),
303(e), 303(f) and 303(r) of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 157, 302a, 303(c), 303(e), 303(f) and
303(r), the Second Report and Order and Order on Reconsideration is
adopted. Part 25 of the Commission's rules is amended June 11, 2014.
10. It is further ordered that the Petition for Reconsideration
filed by The Boeing Company is granted in part to the extent described
above and is denied in all other respects.
11. It is further ordered that the Final Regulatory Flexibility
Certifications, as required by section 604 of the Regulatory
Flexibility Act, are adopted.
12. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of the Second Report and Order and Order on Reconsideration
including the Final Regulatory Flexibility Certifications, to the Chief
Counsel for Advocacy of the Small Business Administration.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 2 and 25 as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
2. Amend Sec. 2.106, the Table of Frequency Allocations, as follows:
0
a. Revise pages 47 and 49.
0
b. In the list of ``Non-Federal Government (NG) Footnotes,'' revise
footnote NG55 and remove footnotes NG54, NG183 and NG187.
The revisions read as follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
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* * * * *
NON-FEDERAL GOVERNMENT (NG) FOOTNOTES
* * * * *
NG55 In the bands 11.7-12.2 GHz (space-to-Earth) and 14.0-14.5 GHz
(Earth-to-space), Earth Stations on Vessels (ESV), Vehicle-Mounted
Earth Stations (VMES), and Earth Stations Aboard Aircraft (ESAA) as
regulated under 47 CFR part 25 are applications of the fixed-satellite
service and may be authorized to communicate with geostationary
satellites in the fixed-satellite service on a primary basis.
* * * * *
PART 25--SATELLITE COMMUNICATIONS
0
3. The authority citation for part 25 continues to read as follows:
Authority: Interprets or applies sections 4, 301, 302, 303,
307, 309, 319, 332, 705 and 721 of the Communications Act as
amended, 47 U.S.C. 154, 301, 302, 303, 307, 309, 319, 332, 605 and
721, unless otherwise noted.
0
4. Amend Sec. 25.103 by revising the definition of ``Earth Stations
Aboard Aircraft (ESAA)'' to read as follows:
Sec. 25.103 Definitions.
* * * * *
Earth Stations Aboard Aircraft (ESAA). Earth stations operating
aboard aircraft that receive from and transmit to geostationary-orbit
Fixed-Satellite Service space stations pursuant to the requirements in
Sec. 25.227.
* * * * *
0
5. Amend Sec. 25.227 by revising paragraphs (a)(14), (b)(1)(iii)(A),
(b)(2)(i), and the second to last sentence of paragraph (b)(3)(i) to
read as follows:
Sec. 25.227 Blanket Licensing provisions for Earth Stations Aboard
Aircraft (ESAAs) receiving in the 10.95-11.2 GHz (space-to-Earth),
11.45-11.7 GHz (space-to-Earth), and 11.7-12.2 GHz (space-to-Earth)
frequency bands and transmitting in the 14.0-14.5 GHz (Earth-to-space)
frequency band, operating with Geostationary Satellites in the Fixed-
Satellite Service.
(a) * * *
(14) All ESAA terminals operated in U.S. airspace, whether on U.S.-
registered civil aircraft or non-U.S.-registered civil aircraft, must
be licensed by the Commission. All ESAA terminals on U.S.-registered
civil aircraft operating outside of U.S. airspace must be licensed by
the Commission, except as provided by section 303(t) of the
Communications Act.
* * * * *
(b) * * *
(1) * * *
(iii) * * *
(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, i.e., that there is a 0.997 probability the antenna maintains a
pointing error within 0.2[deg]; and
* * * * *
(2) * * *
(i) 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.
* * * * *
(3) * * *
(i) * * * The ESAA applicant also shall provide a detailed showing
that one or more transmitters are capable of automatically ceasing or
reducing emissions within 100 milliseconds of receiving a command from
the system's network control and monitoring center that the aggregate
off-axis EIRP spectral-densities of the transmitter or transmitters
exceed the off-axis EIRP-density limits specified in paragraph
(a)(3)(i) of this section. * * *
* * * * *
[FR Doc. 2014-10876 Filed 5-9-14; 8:45 am]
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