Updates Concerning Non-Geostationary, Fixed-Satellite Service Systems and Related Matters, 3258-3279 [2016-31795]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Proposed Rules]
[Pages 3258-3279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31795]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 25

[IB Docket No. 16-408; FCC 16-170]


Updates Concerning Non-Geostationary, Fixed-Satellite Service 
Systems and Related Matters

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Federal Communications Commission proposes to update, 
clarify, and streamline its rules to facilitate the deployment of 
recently proposed non-geostationary-satellite orbit (NGSO), fixed-
satellite service (FSS) satellite systems.

DATES: Comments are due February 27, 2017. Reply comments are due March 
27, 2017.

ADDRESSES: You may submit comments, identified by IB Docket No. 16-408, 
by any of the following methods:
     Federal Communications Commission's Web site: https://apps.fcc.gov/ecfs. Follow the instructions for submitting comments.
     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: Clay DeCell, 202-418-0803.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM), FCC 16-170, adopted December 14, 2016, 
and released December 15, 2016. The full text of the NPRM is available 
at https://apps.fcc.gov/edocs_public/attachmatch/FCC-16-170A1.pdf. The 
NPRM is also available for inspection and copying during business hours 
in the FCC Reference Information Center, Portals II, 445 12th Street 
SW., Room CY-A257, Washington, DC 20554. To request materials in 
accessible formats for people with disabilities, send an email to 
FCC504@fcc.gov or call the Consumer

[[Page 3259]]

& Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 
(TTY).

Comment Filing Requirements

    Interested parties may file comments and reply comments on or 
before the dates indicated in the DATES section above. 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://apps.fcc.gov/ecfs.
     Paper Filers. Parties who file by paper must include an 
original and four copies of each filing.
    Filings may 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.
    [cir] All hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary must be delivered to FCC Headquarters at 445 
12th Street SW., Room TW-A325, Washington, DC 20554. All hand 
deliveries must be held together with rubber bands or fasteners. Any 
envelopes must be disposed of before entering the building.
    [cir] 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.
    [cir] U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 445 12th Street SW., Washington, DC 20554.
     Persons with Disabilities. To request materials in 
accessible formats for persons with disabilities (braille, large print, 
electronic files, audio format), or to request reasonable 
accommodations for filing comments (accessible format documents, sign 
language interpreters, CART, etc.), send an email to fcc504@fcc.gov or 
call 202-418-0530 (voice) or 202-418-0432 (TTY).

Ex Parte Presentations

    Pursuant to 47 CFR 1.1200(a), this proceeding will 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 
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 47 CFR 1.1206(b). In proceedings governed by 
47 CFR 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.

Paperwork Reduction Act

    This document contains proposed new and modified 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 to comment on the information 
collection requirements contained in this document, as required by the 
Paperwork Reduction Act of 1995. In addition, pursuant to the Small 
Business Paperwork Relief Act of 2002, we seek specific comment on how 
we might further reduce the information collection burden for small 
business concerns with fewer than 25 employees.

Synopsis

    In this NPRM, we propose revisions to certain of the Commission's 
rules and policies governing satellite services, prompted by a planned 
new generation of large NGSO FSS systems. We propose to update, 
clarify, and streamline our rules to facilitate the deployment of NGSO 
FSS systems, which have the capability to provide services, including 
Internet access, to underserved communities worldwide. We also propose 
to update certain rules governing operation of FSS space stations in 
the geostationary-satellite orbit (GSO) to enable greater operational 
flexibility.

Ka-Band Plan

    Proposal Overview. In light of decisions waiving the plan for the 
Ka-band, or the 17.7-20.2 GHz and 27.5-30 GHz bands, and to promote 
more flexible use of the spectrum, we propose to reinstate certain 
secondary FSS use in the 17.8-20.2 GHz band and to allow new FSS 
operations in the 19.3-19.4 GHz, 19.6-19.7 GHz, and 29.3-29.5 GHz 
bands. This proposal would codify existing practices and formally 
enable the spectrum use proposed by NGSO FSS broadband constellations 
currently pending before the Commission. It would further make 
available for FSS systems spectrum currently designated for, but never 
used by, NGSO mobile-satellite service (MSS) feeder links.
    17.8-18.3 GHz. We propose to create a new secondary allocation to 
the FSS in the 17.8-18.3 GHz band, subject to protections for the 
primary fixed service (FS). We anticipate that the power flux-density 
(PFD) limits established by the International Telecommunication Union 
(ITU) for protection of the FS by the FSS in the 17.7-18.3 GHz band are 
also sufficient to protect U.S. terrestrial fixed users, without 
generally requiring coordination. This has long been the case in the 
3700-4200 MHz band, for example, in which FSS space stations operate on 
a co-primary basis with FS terrestrial stations, are not typically 
coordinated with terrestrial operators, and are subject to ITU PFD 
limits codified in 47 CFR 25.208(a). And the United States participated 
actively in the development of ITU PFD limits in the 17.8-18.3 GHz 
band, with input from U.S. terrestrial operators.
    Thus, we are no longer concerned about coordination and delay 
concerns that the Commission expressed in 2000. The Commission did not 
discuss the adequacy of any PFD limits in this context. And, both NGSO 
FSS and GSO FSS systems have been successfully authorized to operate in 
this band by waiver on an unprotected, non-interference basis with 
respect to the FS. We also note that WorldVu Satellites Limited, d/b/a 
OneWeb, has filed a petition for declaratory ruling to access the U.S. 
market in the 17.8-18.6 GHz band using its proposed system of 720 NGSO 
satellites. Accordingly, and to promote additional operational 
flexibility, we propose to adopt a secondary allocation to the FSS 
(space-

[[Page 3260]]

to-Earth) in the 17.8-18.3 GHz band currently designated solely for the 
FS. Both GSO FSS and NGSO FSS operations would be permitted under this 
secondary FSS allocation. Non-Federal FSS operations would also be 
secondary to primary Federal FSS operations in this band. We intend to 
limit this allocation to individually licensed earth stations, which 
are more likely than ubiquitously deployed user terminals to be able to 
operate successfully on an unprotected basis with respect to primary FS 
stations. We also propose to include in our rules the international PFD 
limits on space stations in this band. Finally, to promote 
compatibility among FSS systems, we propose to authorize NGSO FSS 
systems in this band only on an unprotected, non-interference basis 
with respect to GSO FSS networks. We seek comment on these proposals. 
As indicated above, we anticipate that PFD limits established by the 
ITU, with significant involvement of the United States, will be 
adequate to protect U.S. fixed users from interference. However, we 
seek comment on these PFD limits. In the unlikely event that harmful 
interference did occur to an FS station, we expect that the FS operator 
would attempt to locate and contact the source of the interference, or 
seek assistance from the Commission. We seek comment on this issue.
    18.3-18.6 GHz and 19.7-20.2 GHz. We also propose to allow NGSO FSS 
systems to operate on an unprotected basis with respect to GSO FSS 
networks in the 18.3-18.6 GHz and 19.7-20.2 GHz bands, subject to 
limits on equivalent power flux-density (EPFD) to ensure protection of 
GSO FSS networks, as explained below. We do not propose to extend NGSO 
FSS operation to the 18.6-18.8 GHz band, in which GSO FSS networks are 
also currently designated co-primary, due to concerns of protection for 
the coequal Earth exploration-satellite service (passive) and the space 
research service (passive). As we concluded for operations in the 10.7-
14.5 GHz band, which is available for licensing of both GSO and NGSO 
FSS systems, we anticipate that compliance with EPFD limits applicable 
internationally will be sufficient to protect GSO FSS networks from 
unacceptable interference, by generally limiting NGSO FSS operations 
near the geostationary orbit. Permitting NGSO FSS operations in the 
18.3-18.6 GHz and 19.7-20.2 GHz bands would also be consistent with 
waivers issued on delegated authority.
    18.8-19.3 GHz. In addition, we propose to allow GSO FSS operation 
in the 18.8-19.3 GHz downlink band on an unprotected, non-interference 
basis with respect to NGSO FSS systems, consistent with Bureau waivers 
and matching the current secondary GSO FSS designation in the paired 
28.6-29.1 GHz uplink band. Because NGSO FSS systems would not be 
required to alter their operations to accommodate any GSO FSS 
operations in this band, we do not believe this allowance for GSO FSS 
would prove burdensome to NGSO FSS systems, but we seek comment on such 
burdens.
    18.8-19.3 GHz and 28.6-29.1 GHz. Internationally, these bands are 
allocated to the FSS on a primary basis. GSO satellite networks and 
NGSO systems in these bands are subject to coordination, and No. 22.2 
of the ITU Radio Regulations does not apply. This rule provides that, 
regardless of their ITU filing dates, NGSO systems must not cause 
unacceptable interference to and, unless otherwise specified in the 
Radio Regulations, must not claim protection from GSO FSS and GSO 
broadcasting-satellite service (BSS) networks operating in accordance 
with the Radio Regulations. We request comment on the possibility of 
giving GSO operations co-primary status with NGSO operations in these 
bands, as opposed to the secondary designation already existing in the 
28.6-29.1 GHz band and our proposal above for the 18.8-19.3 GHz band. 
We seek comment on any potential difficulties that this approach might 
raise, particularly since our rules separately address GSO-like 
applications and NGSO-like applications, but do not provide a mechanism 
for us to consider an application of one type (GSO-like or NGSO-like) 
vis-[agrave]-vis previous applications or authorizations of the other 
type in the bands 18.8-19.3 GHz and 28.6-29.1 GHz. Significantly, in 
these bands NGSO-like operations do not have to meet EPFD limits in 
order to ensure the protection of GSO-like operations.
    19.3-19.4 GHz, 19.6-19.7 GHz, and 29.3-29.5 GHz. To facilitate 
satellite use of the bands, we propose to permit both GSO and NGSO FSS 
systems to operate in the 19.3-19.4 GHz, 19.6-19.7 GHz, and 29.3-29.5 
GHz bands currently designated for, but unused by, NGSO MSS feeder 
links. We propose to authorize NGSO FSS systems on an unprotected, non-
interference basis with respect to GSO FSS networks in these bands. In 
the 19.3-19.4 GHz and 19.6-19.7 GHz bands, which are shared on a co-
primary basis with terrestrial services, any FSS earth stations would 
be individually licensed and coordinated with terrestrial stations. 
Existing terrestrial operations in these bands would not have to 
protect any new FSS deployment under general first-come, first-served 
coordination procedures. PFD limits are already in place to protect 
such terrestrial operations from downlink interference. Further, we 
anticipate that new stations in the FS and the FSS will be compatible 
in these bands through coordination of the specific operating 
parameters of each station, FS or FSS, at the time of licensing. We 
seek comment on this proposal, including relevant technical analyses 
regarding coordination parameters for new individually licensed earth 
stations and future FS stations.
    Codification. For clarity, we propose at this time to codify the 
Ka-band Plan's satellite designations into footnotes to the U.S. Table 
of Frequency Allocations, 47 CFR 2.106. In doing so, we propose to 
specify that, in the 27.5-28.35 GHz band, NGSO FSS systems must operate 
on an unprotected, non-interference basis with respect to GSO FSS 
networks. This treatment would promote compatibility between the two 
system designs and is consistent with our proposals in most shared GSO-
NGSO FSS bands. Additionally, while the MSS is not designated in the 
Commission's Ka-band Plan, we do not propose to remove the allocations 
for this service in the 19.7-20.2 GHz and 29.5-30 GHz bands. We also 
propose to remove duplicative notes in 47 CFR 25.202(a)(1), except with 
respect to the Commission's recent decision regarding the 27.5-28.35 
GHz band in the Spectrum Frontiers proceeding. Similarly, we propose to 
incorporate into footnotes in the Table the remaining frequency-use 
restrictions in 47 CFR 25.202(a)(1) that were not recently amended in 
the Commission's Spectrum Frontiers proceeding. However, we propose to 
specify the limitation on NGSO FSS deployment in the 10.7-11.7 GHz and 
12.75-13.25 GHz bands as to individually licensed earth stations only, 
rather than to gateway earth stations only as currently prescribed. 
This would be consistent both with our proposal for the 17.8-18.3 GHz 
band and with the Commission's recent decision regarding the shared 
27.5-28.35 GHz band in the Spectrum Frontiers proceeding. In addition, 
rather than attempt to reproduce in 47 CFR 25.202(a)(1) all of the 
frequency bands available for FSS, which are already stated completely 
in the Table of Frequency Allocations in 47 CFR 2.106, we propose to 
use this paragraph only to note the restrictions on FSS not codified in 
the Table.
    PFD Limits in 17.7-19.7 GHz for GSO FSS Space Stations. Section 
25.208(c)

[[Page 3261]]

contains PFD limits on emissions from space stations in, among others, 
the following frequency bands: 18.3-18.8 GHz and 19.3-19.7 GHz. In 
addition, 47 CFR 25.208(e) contains PFD limits on emissions by NGSO FSS 
space stations in the 18.8-19.3 GHz band. Since we are proposing 
changes to the U.S. Table of Frequency Allocations that will allow the 
operation of GSO FSS and/or NGSO FSS space stations in frequency bands 
where such operation was not previously contemplated, we propose to 
extend the applicability of PFD limits to these frequency bands. 
Accordingly, we propose to make the limits in 47 CFR 25.208(c) 
applicable to GSO FSS space stations in the frequency bands 17.7-19.7 
GHz and to all space stations in the bands 22.55-23.55 GHz and 24.45-
24.75 GHz. These limits have already been applied in portions of the 
17.7-19.7 GHz band when granting authorizations for operation in this 
band through waivers.
    PFD Limits for NGSO FSS Space Stations. We also propose to make the 
limits in 47 CFR 25.208(e) applicable to NGSO FSS space stations in the 
frequency bands 17.8-18.6 GHz and 18.8-19.7 GHz. We recognize, however, 
that these limits were derived for constellations up to a certain 
number of satellites and may not be appropriate for some of the large 
NGSO FSS constellations being currently proposed. The interference 
produced by an NGSO FSS constellation to a terrestrial station is time-
varying and, for that reason, the protection of such a station would be 
better ensured through the establishment of an EPFD limit. We invite 
comment on this point and on what would be an appropriate EPFD for the 
protection of a terrestrial station in the frequency bands under 
consideration. As an alternative, and until such EPFD limit can be 
developed, we propose that an NGSO FSS constellation be deemed as 
having met the requirements in 47 CFR 25.208(e) if the aggregate PFD 
produced by the whole constellation at any point in the Earth's surface 
does not exceed -115 (dBW/m\2\)/MHz. We invite comments on this 
proposal.
    Other. As NGSO FSS systems deploy in different frequency bands, it 
is important to consider how these systems can share spectrum with 
other non-satellite systems. In this respect, we request comments on 
any other emerging uses, technologies, or platforms that should be 
taken into account as additional NGSO uses occur. Would the rules 
proposed in this Notice preclude in any way other uses of this spectrum 
or hinder future sharing with other services? Are there additional 
technical rules or other means by which we can facilitate additional 
sharing in these bands?

EPFD Limits

    Ka-band. While the Commission has not previously included in its 
rules the Ka-band EPFD limits found in Article 22 of the ITU Radio 
Regulations, NGSO FSS applicants in these bands have nonetheless 
demonstrated compliance with the limits when seeking to operate on a 
non-interference basis vis-[agrave]-vis GSO FSS networks. The 
International Bureau has approved such operations on the basis of these 
showings. Similarly, we expect that compliance with the Article 22 EPFD 
limits will be sufficient for NGSO FSS systems to protect GSO FSS 
networks in the 17.8-18.6 GHz, 19.7-20.2 GHz, 27.5-28.35 GHz, and 29.5-
30 GHz bands, as the U.S. GSO FSS community participated actively in 
their development. Accordingly, to provide greater certainty regarding 
the compatibility of NGSO FSS and GSO FSS operations, we propose to 
require NGSO FSS applicants in these bands to demonstrate conformance 
with applicable EPFD limits in the same manner that NGSO FSS applicants 
must for operation in the 10.7-14.5 GHz band. We intend that compliance 
with EPFD limits in the Ka-band would satisfy any obligation on an NGSO 
FSS system to operate on a non-interference basis with respect to a GSO 
FSS network. In addition, we propose to incorporate EPFD limits on 
inter-satellite emissions from NGSO FSS space stations into GSO FSS 
space stations, which are currently found in Article 22 but omitted 
from our rules. We also propose to extend relevant Article 22 EPFD 
limits to the 19.3-19.4 GHz, 19.6-19.7 GHz, and 29.3-29.5 GHz bands in 
which we are proposing to allow new NGSO FSS operations on an 
unprotected, non-interference basis with respect to GSO FSS networks.
    Consolidation. In adding these Ka-band EPFD rules, we propose to 
consolidate our NGSO FSS licensing provisions for operation in the Ka-
band, currently found in 47 CFR 25.145, into the licensing rules for 
NGSO FSS operation in the 10.7-14.5 GHz band, set forth in 47 CFR 
25.146. In doing so, we propose to delete 47 CFR 25.145(e), similar 
provisions in 47 CFR 25.142(d) and 25.143(d), and the cross-references 
to 47 CFR 25.142(d) in 47 CFR 25.217, all of which proscribe certain 
exclusionary arrangements to serve foreign markets. These provisions 
have been superseded by section 648 of the Open-market Reorganization 
for the Betterment of International Telecommunications (ORBIT) Act, 
which contains a parallel prohibition. We also request comment on ways 
we might simplify 47 CFR 25.146.
    NGSO-GSO Default Sharing. Finally, the first sentence of 47 CFR 
25.156(d)(5) provides that, in frequency bands in which the Commission 
has not yet adopted sharing criteria between GSO-like and NGSO-like 
satellite operations, the Commission will not grant an application for 
NGSO-like operation after it has granted an application for GSO-like 
operation, or vice versa. The effect of this provision is to preclude 
joint NGSO-like and GSO-like use of frequency bands until the 
Commission has adopted formal sharing criteria between the different 
types of satellite operation in that band. As noted above, however, the 
International Bureau has approved by waiver both GSO-like and NGSO-like 
operations in the same Ka-band frequencies without EPFD sharing 
criteria yet codified in our rules. Similarly, we believe that an 
applicant demonstrating that it can operate compatibly with any 
existing operations, either through technical demonstrations or 
coordination, ought not be precluded from providing service to the 
public while the Commission initiates and conducts a rulemaking to 
establish formal sharing criteria. We therefore propose to delete the 
first sentence of 47 CFR 25.156(d)(5). We also request comment as to 
whether we should adopt, as a default sharing rule, a provision similar 
to No. 22.2 of the ITU Radio Regulations. This provision would state 
that, except as otherwise provided in our rules, NGSO systems must not 
cause unacceptable interference to, and must not claim protection from, 
GSO FSS networks and GSO BSS networks. For example, the 18.8-19.3 GHz 
and 28.6-29.1 GHz bands would be excepted from such a provision, 
because in these bands we require GSO FSS networks to operate on an 
unprotected, non-interference basis with respect to NGSO FSS systems.

Avoidance of In-line Interference

    Background. The Commission has adopted a default mechanism to 
enable spectrum sharing among NGSO FSS systems in the 10.7-12.7 GHz, 
12.75-13.25 GHz, 13.75-14.5 GHz, 18.8-19.3 GHz, and 28.6-29.1 GHz 
bands. Under this mechanism, an NGSO FSS system may operate throughout 
its authorized band except during ``in-line'' events. An ``in-line'' 
event occurs when satellites of different NGSO FSS systems are 
physically aligned with an operating earth station of one of those 
systems, such that the topocentric angle between the satellites is less 
than 10 degrees as

[[Page 3262]]

measured from the earth station. To avoid interference among the 
systems experiencing an in-line event, the Commission requires the 
affected satellite operators to divide the commonly assigned spectrum 
equally according to the chosen ``home'' spectrum for the duration of 
the in-line event, absent another sharing agreement by the operators.
    Section 25.261. The avoidance of in-line interference mechanism is 
codified in 47 CFR 25.261. This section, however, omits the 10.7-12.7 
GHz, 12.75-13.25 GHz, and 13.75-14.5 GHz bands. We propose to correct 
this omission. We also propose to include in 47 CFR 25.261 the bands in 
which we currently designate NGSO FSS operation on a secondary basis--
27.5-28.6 GHz and 29.5-30 GHz--and the bands in which we are proposing 
to allow NGSO FSS operation--17.8-18.6 GHz, 19.3-19.4 GHz, 19.6-20.2 
GHz, and 29.3-29.5 GHz. We otherwise propose to clarify that 47 CFR 
25.261 applies only to NGSO FSS systems communicating with earth 
stations with directional antennas. We seek comment on expanding this 
spectrum sharing method to NGSO FSS operations in other frequency 
bands, in place of the alternative procedure for assigning spectrum to 
NGSO satellite systems by simply dividing it equally among the 
qualified applicants in a processing round. In this regard, we propose 
to clarify in 47 CFR 25.157 that these band-splitting procedures do not 
apply to applications granted on the condition of compliance with the 
avoidance of in-line interference mechanism specified in 47 CFR 25.261. 
We also seek comment on any other standard for assigning spectrum.
    Ephemeris Data. In order to effectuate the avoidance of in-line 
interference mechanism, NGSO FSS operators must know the locations of 
co-frequency NGSO FSS space stations to predict when in-line events 
will occur. Section 25.271(e) requires NGSO FSS licensees in the 10.7-
14.5 GHz band to maintain a Web site with ephemeris data for each 
satellite in its constellation, which facilitates coordination for this 
purpose. NGSO FSS licensees in the 18.8-19.3 GHz and 28.6-29.1 GHz 
bands must also share ephemeris data. Accordingly, we propose to 
include the 18.8-19.3 GHz and 28.6-29.1 GHz bands in 47 CFR 25.271(e), 
along with the portions of the Ka-band currently designated for NGSO 
FSS operation on a secondary basis or proposed for NGSO FSS operation 
in this Notice, i.e., the 17.8-18.6 GHz, 19.3-19.4 GHz, 19.6-20.2 GHz, 
27.5-28.6 GHz, and 29.3-30 GHz bands. We also propose to apply this 
requirement explicitly to non-U.S.-licensed NGSO FSS operators that are 
granted market access in the United States.
    We understand that satellites in the low-Earth orbit (LEO) region, 
i.e., the region of space at Earth altitudes below 2,000 km, that do 
not have station-keeping capability have experienced orbital 
perturbations from solar events resulting in a reduction in altitude of 
up to several kilometers from a single solar event. We invite comment 
as to whether the current ephemeris data update frequency of once every 
three days as required by 47 CFR 25.271(e) is appropriate for such 
satellites, or whether we should require more frequent updates, and if 
so, what the appropriate update interval would be. We also invite 
comment as to whether an electronic Web site bulletin board as 
currently required by 47 CFR 25.271(e) is the most appropriate means of 
making ephemeris data available, or whether another method, such as 
requiring active participation in the Space Data Association and/or 
requiring the sharing of data with the U. S. Strategic Command's Joint 
Space Operations Center (or any successor) might be a more effective 
means.
    10-degree Trigger. In addition, we note that the 10-degree default 
separation for co-frequency NGSO FSS space station operations is based 
on the characteristics of satellite systems proposed around the turn of 
the millennium. We invite comment as to whether the separation-angle 
trigger should be increased or decreased to reflect current system 
designs.
    Accommodation of Later Entrants. Finally, when authorizing NGSO FSS 
systems in the past, the International Bureau has required licensees to 
abide by the avoidance of in-line interference mechanism generally with 
respect to later-authorized NGSO FSS systems, unless coordination 
agreements are reached. To the extent that later-authorized systems 
increase the frequency of in-line events, or increase the number of 
satellite systems involved in an in-line event, such later entrants can 
diminish the amount of spectrum available to an existing NGSO FSS 
system. We invite comment on how best to balance the competing 
interests of encouraging new market entry and providing NGSO FSS 
operators certainty with respect to a minimum amount of spectrum 
available for their services. For example, should we specify that the 
avoidance of in-line interference mechanism applies only to those in-
line events among the existing grantee, O3b Limited, and any licensees 
and market access holders approved as a result of a processing round? 
In this case, an applicant requesting authority after any processing 
round would be required to protect existing NGSO FSS authorization 
holders, and would be required, during an in-line event, to cease 
operations on the commonly authorized spectrum.

Earth Station E.I.R.P. Density Limits

    In light of the ability of the O3b NGSO FSS system to operate 
within existing e.i.r.p. density criteria for GSO FSS earth stations, 
and considering the spectrum sharing benefits of such criteria, we 
invite comment on adopting e.i.r.p. density limits for NGSO FSS uplink 
transmissions. These could be based, for example, on the limits we have 
prescribed for FSS earth stations transmitting to GSO space stations. 
Such default limits could be exceeded to the extent that higher levels 
are coordinated with all other NGSO FSS systems authorized in the same 
frequency bands. If we were to adopt e.i.r.p. density limits for NGSO 
FSS uplink transmissions, should we simply require a certification from 
applicants that they will abide by these default power limits unless 
higher transmission levels are appropriately coordinated? This 
certification requirement could be similar to certification 
requirements the Commission has recently adopted for GSO FSS and 17/24 
GHz BSS space station operations. We also seek comment on whether, 
similar to our policy regarding GSO FSS space stations, there are 
appropriate downlink power limits and earth station receive gain 
criteria that we should adopt to facilitate sharing among NGSO FSS 
systems. We further seek comment on any other measures that should be 
recommended to facilitate sharing.

Milestones

    Background. The Commission requires all satellites in an authorized 
NGSO constellation to be launched and operated within six years of 
grant. This milestone requirement is intended to ensure timely 
provision of service, and to prevent ``warehousing'' of spectrum and 
orbital resources. Failure to meet this requirement, incorporated as a 
condition of the constellation grant, renders the authorization null 
and void, and subjects the grantee to forfeiture of up to $5 million 
under the surety bond posted for the authorization.
    NGSO Milestone. Operation of every space station in an authorized 
constellation, however, may not be necessary to provide the services 
proposed in the application. Additional space stations could be 
authorized to reduce latency or to increase capacity and reliability, 
for example. And while

[[Page 3263]]

failure to successfully launch and operate such additional space 
stations within six years might not preclude service to the public, it 
could, under current rules, result in automatic termination of the 
license. To afford operators greater flexibility with system design and 
implementation, we propose to modify the six-year milestone obligation 
for NGSO systems to require the launch and operation of a percentage of 
the authorized constellation sufficient to provide substantial service 
to the public. We tentatively conclude that 75 percent is an 
appropriate number for this requirement. Satisfaction of this milestone 
would release the operator from its surety bond obligation. Failure to 
operate the minimum number of space stations by this milestone, 
however, would result in forfeiture of the bond and an automatic 
reduction in the number of authorized satellites to the number actually 
in orbit as of the milestone date. Even under this ``keep what you 
use'' proposal, however, we would continue to terminate automatically 
the full license of a satellite system if no authorized space stations 
were functional in orbit as of the time of the milestone deadline. For 
operators that satisfy the first milestone, we propose a second 
milestone, nine years after grant, requiring launch and operation of 
the entire authorized constellation. Operators failing to complete 
their constellations by this second milestone date would similarly have 
their number of authorized space stations reduced automatically to the 
number deployed as of the second milestone date. We invite comment on 
this and any other modifications to our NGSO milestone policy.
    As an alternative to specifying a percentage of the authorized 
constellation for an initial milestone, for example, should we require 
the launch and operation of a number of satellites specific to the 
services and constellation proposed? If so, should the applicant be 
required to state the minimum number of satellites necessary to provide 
the services it proposes? If we adopt a more flexible milestone 
requirement, should it be limited to large NGSO constellations, and if 
so what size? Should we add additional, periodic milestones, to 
automatically reduce the number of authorized satellites if a licensee 
demonstrates that it is unlikely to maintain its larger, authorized 
constellation size following the decommissioning of its initial 
deployment? We could, for example, specify that the number of 
authorized satellites is reduced automatically to the greatest number 
operated concurrently during the previous year if the licensee falls 
below a certain percentage of its authorized constellation. If, after 
satisfaction of any milestones, an NGSO licensee fails to maintain at 
least one operational satellite in orbit for a specified period of 
time, should its license be terminated automatically?
    Replacements. We also propose to clarify in 47 CFR 25.164 that both 
GSO and NGSO replacement space stations, which must be scheduled for 
launch before the retirement of the space stations being replaced, are 
not subject to the separate milestone requirements in that section.

Geographic Coverage

    The Commission requires the design of NGSO FSS systems that will 
operate in the 10.7-14.5 GHz, 18.8-19.3 GHz, or 28.6-29.1 GHz bands to 
enable service worldwide for at least 18 hours every day. This 
requirement is intended to foster seamless global communication 
networks and to maximize the use of global spectrum resources, but also 
prohibits certain NGSO system designs. In light of the spectrum sharing 
opportunities among NGSO FSS systems, and given the separate 
requirements for coverage of the United States already included in our 
rules, we propose to eliminate this global coverage requirement in 
order to provide operators greater flexibility to design their systems 
to meet market demands. We invite comment on this proposal.

Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (RFA), the Commission 
has prepared this Initial Regulatory Flexibility Analysis (IRFA) of the 
possible significant economic impact on small entities by the policies 
and rules proposed in this NPRM. We request written public comments on 
this IRFA. Commenters must identify their comments as responses to the 
IRFA and must file the comments by the deadlines for comments on the 
Notice in the DATES section above. The Commission will send a copy of 
the NPRM, including this IRFA, to the Chief Counsel for Advocacy of the 
Small Business Administration. In addition, summaries of the Notice and 
IRFA will be published in the Federal Register.

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

    The Notice seeks comment on several proposals relating to the 
Commission's rules and policies for satellite services, especially 
those concerning non-geostationary-satellite (NGSO), fixed-satellite 
service (FSS) systems. Adoption of the proposed changes would, among 
other things, provide for more flexible use of the 17.8-20.2 GHz bands 
for FSS; promote shared use of spectrum among NGSO FSS satellite 
systems; and remove unnecessary design restrictions on NGSO FSS 
systems.
    The NPRM proposes several changes to 47 CFR parts 2 and 25. 
Principally, it proposes to:
     (1) Allocate additional spectrum for use by FSS systems on a 
secondary basis in the 17.8-18.3 GHz band, subject to power flux-
density limits designed to protect primary terrestrial services.
    (2) Allow additional operation of NGSO FSS systems in segments of 
the 17.8-20.2 GHz band within limits protective of FSS satellite 
systems in the geostationary-satellite orbit (GSO).
    (3) Allow GSO FSS operation in the 18.8-19.3 GHz band on an 
unprotected, non-interference basis with regard to NGSO FSS systems, to 
provide additional operational flexibility.
    (4) Amend the Commission's satellite milestone policies and 
geographic coverage rules to provide additional regulatory flexibility 
to operators of NGSO FSS systems.

B. Legal Basis

    The proposed action is authorized under sections 4(i), 303, and 316 
of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303, 
316.

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

    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 adoption of proposed rules. 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 Small Business 
Administration (SBA). Below, we describe and estimate the number of 
small entity licensees that may be affected by adoption of the proposed 
rules.

[[Page 3264]]

Satellite Telecommunications and All Other Telecommunications
    The rules proposed in this Notice would affect some providers of 
satellite telecommunications services, if adopted. Satellite 
telecommunications service providers include satellite and earth 
station operators. Since 2007, the SBA has recognized two census 
categories for satellite telecommunications firms: ``Satellite 
Telecommunications'' and ``Other Telecommunications.'' Under both 
categories, a business is considered small if it had $32.5 million or 
less in annual receipts.
    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, 
482 firms had annual receipts of under $25 million.
    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. We anticipate that some of these 
``Other Telecommunications firms,'' which are small entities, are earth 
station applicants/licensees that might be affected if our proposed 
rule changes are adopted.
    We anticipate that our proposed rule changes may have an impact on 
earth station and space station applicants and licensees. Space station 
applicants and licensees, however, rarely qualify under the definition 
of a small entity. Generally, space stations cost hundreds of millions 
of dollars to construct, launch, and operate. Consequently, we do not 
anticipate that any space station operators are small entities that 
would be affected by our proposed actions.

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

    The Notice proposes and seeks comment on several rule changes that 
would affect compliance requirements for earth station and space 
station operators. Most proposed changes, however, are directed at 
space station applicants and licensees. As noted above, these parties 
rarely qualify as small entities.
    For example, we propose to allow additional uses of certain 
frequencies within the 17.8-20.2 GHz band, subject to compliance with 
power limits designed to protect other users of the bands. We also seek 
comment on revised or new technical standards to promote sharing among 
NGSO FSS systems, and ask whether we should allow entities to certify 
that that will comply with such resulting requirements, as a means to 
avoid unnecessary regulatory burdens.
    We also propose modified rules for satellite system implementation 
to provide additional flexibility to operators. We propose to eliminate 
a geographic service requirement that restricts the design 
possibilities of certain NGSO FSS satellite systems. In total, the 
proposals and questions in the Notice are designed to achieve the 
Commission's mandate to regulate in the public interest while imposing 
the lowest necessary burden on all affected parties, including small 
entities.

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

    The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
reaching its proposed approach, which may include the following four 
alternatives (among others): ``(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 rules for such 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 such small 
entities.''
    The Notice seeks comment from all interested parties. The 
Commission is aware that some of the proposals under consideration may 
impact small entities. Small entities are encouraged to bring to the 
Commission's attention any specific concerns they may have with the 
proposals outlined in the Notice.
    The Commission expects to consider the economic impact on small 
entities, as identified in comments filed in response to the NPRM, in 
reaching its final conclusions and taking action in this proceeding.
    In this NPRM, the Commission invites comment on means to minimize 
negative economic impacts on applicants and licensees, including small 
entities. For example, the Commission seeks comment on whether 
compliance with certain power limits could be certified to by 
applicants, rather than demonstrated technically, thereby reducing 
burdens. And the Commission proposes to relax a satellite system 
geographic coverage requirement, which could lessen the economic burden 
on applicants and licensees. Overall, the proposals in the Notice seek 
to increase flexibility for NGSO FSS applicants and licensees and 
reduce burdens, while maintaining adequate protections against 
interference.

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

    None.
Incorporation by Reference
    In Sec.  25.108, we propose to incorporate by reference a portion 
of Appendix 4 of the ITU Radio Regulations concerning the orbital 
information of satellite networks. Specifically, we propose to 
incorporate by reference the ITU Radio Regulations, Volume 2: 
Appendices, Appendix 4, ``Consolidated list and tables of 
characteristics for use in the application of the procedures of Chapter 
III,'' Annex 2, ``Characteristics of satellite networks, earth stations 
or radio astronomy stations,'' Section A.4, ``Orbital Information,'' 
Edition of 2012. This material is reasonably available to interested 
parties from the International Telecommunication Union (ITU), Place des 
Nations, 1211 Geneva 20 Switzerland; www.itu.int; Voice: +41 22 730 
5111; Fax: +41 22 733 7256; email: itumail@itu.int. The material is 
also directly available online at https://www.itu.int/pub/R-REG-RR-2012, 
and would be made available for inspection at the Commission.

[[Page 3265]]

List of Subjects

47 CFR Part 2

    Radio, Table of frequency allocations.

47 CFR Part 25

    Administrative practice and procedure, Earth stations, 
Incorporation by reference, Satellites.


Federal Communications Commission.
Katura Howard,
Federal Register Liaison Officer. Office of the Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 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 as follows:
0
a. Revise pages 48, 49, 52, and 55 of the Table of Frequency 
Allocations.
0
b. Revise footnotes NG164, NG165, and NG166.
0
c. Add footnotes NGXX1, NGXX2, NGXX3, and NGXX4.


Sec.  2.106   Table of Frequency Allocations.

BILLING CODE 6712-01-P

[[Page 3266]]

[GRAPHIC] [TIFF OMITTED] TP11JA17.017


[[Page 3267]]


[GRAPHIC] [TIFF OMITTED] TP11JA17.018


[[Page 3268]]


[GRAPHIC] [TIFF OMITTED] TP11JA17.019


[[Page 3269]]


[GRAPHIC] [TIFF OMITTED] TP11JA17.020

    NG164 The use of the band 18.6-18.8 GHz by the fixed-satellite 
service (space-to-Earth) is limited to geostationary-satellite 
networks.
    NG165 In the bands 18.8-19.3 GHz (space-to-Earth) and 28.6-29.1 GHz

[[Page 3270]]

(Earth-to-space), geostationary-satellite networks in the fixed-
satellite service shall not cause harmful interference to, or claim 
protection from, non-geostationary-satellite systems in the fixed-
satellite service.
    NG166 The use of the bands 19.4-19.6 GHz (space-to-Earth) and 29.1-
29.25 GHz (Earth-to-space) by the fixed-satellite service is limited to 
feeder links for non-geostationary-satellite systems in the mobile-
satellite service.
* * * * *
    NGXX1 The use of the bands 10.7-11.7 GHz (space-to-Earth) and 
12.75-13.25 GHz (Earth-to-space) by non-geostationary-satellite systems 
in the fixed-satellite service is limited to communications with 
individually licensed earth stations.
    NGXX2 The use of the bands 17.8-18.3 GHz, 19.3-19.4 GHz, and 19.6-
19.7 GHz by the fixed-satellite service (space-to-Earth) is limited to 
communications with individually licensed earth stations. Ubiquitously 
deployed user terminals are not permitted.
    NGXX3 In the bands 17.8-18.6 GHz (space-to-Earth), 19.3-19.4 GHz 
(space-to-Earth), 19.6-20.2 GHz (space-to-Earth), 27.5-28.6 GHz (Earth-
to-space), and 29.3-30 GHz (Earth-to-space), non-geostationary-
satellite systems in the fixed-satellite service shall not cause 
unacceptable interference to, or claim protection from, geostationary-
satellite networks in the fixed-satellite service.
    A non-geostationary-satellite system operating within the 
applicable equivalent power flux-density limits set forth in Sec.  
25.208 of this chapter shall not be considered to cause unacceptable 
interference to any geostationary-satellite network in the fixed-
satellite service.
    NGXX4 The use of the band 29.25-29.3 GHz by the fixed-satellite 
service (Earth-to-space) is limited to geostationary-satellite networks 
and to feeder links for non-geostationary-satellite systems in the 
mobile-satellite service.
* * * * *

PART 25--SATELLITE COMMUNICATIONS

0
3. The authority citation for part 25 continues to read as follows: 
Authority: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 
309, 310, 319, 332, 605, and 721, unless otherwise noted.
0
4. In Sec.  25.108, revise paragraph (a), redesignate paragraphs (b)(2) 
through (b)(5) as paragraphs (b)(3) through (b)(6) and add new 
paragraph (b)(2) to read as follows:


Sec.  25.108   Incorporation by Reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for 
inspection at the Federal Communications Commission, 445 12th Street 
SW., Reference Information Center, Room CY-A257, Washington, DC 20554, 
202-418-0270, and is available from the sources listed below. It is 
also available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) * * *
    (2) ITU Radio Regulations, Volume 2: Appendices, Appendix 4, 
``Consolidated list and tables of characteristics for use in the 
application of the procedures of Chapter III,'' Annex 2, 
``Characteristics of satellite networks, earth stations or radio 
astronomy stations,'' Section A.4, ``Orbital Information,'' Edition of 
2012, https://www.itu.int/pub/R-REG-RR-2012. Incorporation by reference 
approved for Sec.  25.146.
* * * * *
0
5. In Sec.  25.114, revise paragraph (d)(12) to read as follows:


Sec.  25.114   Applications for space station authorizations.

* * * * *
    (d) * * *
    (12) The information required by Sec.  25.146, if the application 
is for an NGSO FSS system authorization in the 10.7-14.5 GHz, 17.8-18.6 
GHz, 18.8-19.4 GHz, 19.6-20.2 GHz, 27.5-29.1 GHz, or 29.3-30 GHz bands.
* * * * *


Sec.  25.142   [Amended]

0
6. In Sec.  25.142, remove paragraphs (c) and (d).


Sec.  25.143   [Amended]

0
7. Remove Sec.  25.143(d).


Sec.  25.145   [Removed]

0
8. Remove Sec.  25.145.
0
9. In Sec.  25.146, revise the section heading, the first sentence in 
paragraph (a) introductory text, the first sentence in paragraph (b) 
introductory text, and paragraphs (b)(1)(v), (b)(2), (c), (e), and (i) 
to read as follows:


Sec.  25.146   Licensing and operating provisions for NGSO FSS 
satellite systems in the 10.7-14.5 GHz, 17.8-18.6 GHz, 18.8-19.4 GHz, 
19.6-20.2 GHz, 27.5-29.1 GHz, or 29.3-30 GHz bands.

    (a) A comprehensive technical showing must be submitted for the 
proposed NGSO FSS system in the 10.7-14.5 GHz, 17.8-18.6 GHz, 18.8-19.4 
GHz, 19.6-20.2 GHz, 27.5-29.1 GHz, or 29.3-30 GHz bands. * * *
* * * * *
    (b) Ninety days prior to the initiation of service to the public, 
the NGSO FSS system licensee must submit a comprehensive technical 
showing for the NGSO FSS system. * * *
    (1) * * *
    (v) Provide the result, the cumulative probability distribution 
function of EPFD, of the execution of the verification computer program 
described in paragraph (b)(1)(iii) of this section by using only the 
input parameters contained in paragraphs (b)(1)(i) and (b)(1)(iv) of 
this section for each of the submitted test points provided by the 
Commission. These test points are based on information from U.S.-
licensed GSO FSS and Broadcasting-Satellite Service operators in the 
10.7-14.5 GHz, 17.8-18.6 GHz, 18.8-19.4 GHz, 19.6-20.2 GHz, 27.5-29.1 
GHz, and 29.3-30 GHz bands. Each U.S.-licensed GSO FSS and 
Broadcasting-Satellite Service operator may submit up to 10 test points 
for this section containing the latitude, longitude, altitude, azimuth, 
elevation angle, antenna size, efficiency to be used by NGSO FSS 
licensees during the upcoming year.
    (2) Operational equivalent power flux-density, space-to-Earth 
direction, (operational EPFDdown) limits. Using the 
information contained in (b)(1) of this section plus the measured space 
station antenna patterns, provide the result of the execution of the 
computer simulation for the anticipated in-line operational 
EPFDdown levels for each of the submitted test points 
provided by the Commission. Submitted test points are based on inputs 
from U.S.-licensed GSO FSS and Broadcasting-Satellite Service operators 
in the 10.7-14.5 GHz, 17.8-18.6 GHz, 18.8-19.4 GHz, 19.6-20.2 GHz, 
27.5-29.1 GHz, and 29.3-30 GHz bands. Each U.S.-licensed GSO FSS and 
Broadcasting-Satellite Service operator may submit up to 10 test points 
for this section containing the latitude, longitude, altitude, azimuth, 
elevation angle, antenna size, efficiency to be used by NGSO FSS 
licensees during the upcoming year.
    (c) Applicants for NGSO FSS system authorizations proposing space-
to-Earth transmissions in the 10.7-11.7 GHz,

[[Page 3271]]

12.5-12.75 GHz, or 17.8-18.4 GHz frequency bands must also demonstrate, 
in accordance with ITU-R S.1503-2 (incorporated by reference, see Sec.  
25.108), that the EPFDis limits in Sec.  25.208(f) will be 
met.
* * * * *
    (e) An NGSO FSS system licensee operating a system in compliance 
with the limits specified in Sec.  25.208(g), (i), (j), (k), (l), and 
(m) must not claim protection from GSO FSS and BSS networks operating 
in accordance with this part.
* * * * *
    (i) NGSO FSS applicants must also provide the following:
    (1) Sufficient information on the NGSO FSS system characteristics 
to properly model the system in computer sharing simulations, 
including, at a minimum, NGSO hand-over and satellite switching 
strategies, NGSO satellite antenna gain patterns, and NGSO earth 
station antenna gain patterns. In particular, except for operation in 
the 18.8-19.3 GHz or 28.6-29.1 GHz bands, each NGSO FSS applicant must 
explain the switching protocols it will use to avoid transmitting while 
passing through the geostationary satellite orbit arc, or provide an 
explanation as to how the PFD limits in Sec.  25.208 will be met 
without using geostationary-satellite orbit arc avoidance. In addition, 
each NGSO FSS applicant must provide the orbital parameters contained 
in Section A.4 of Annex 2 to Appendix 4 of the ITU Radio Regulations 
(incorporated by reference, see Sec.  25.108). Further, each NGSO FSS 
applicant must provide a sufficient technical showing to demonstrate 
that the proposed NGSO system meets the applicable PFD limits in Sec.  
25.208.
    (2) For operation in the 10.7 GHz-14.5 GHz, 18.8-19.3 GHz, or 28.6-
29.1 GHz bands, a demonstration that the proposed system is capable of 
providing FSS on a continuous basis throughout the fifty states, Puerto 
Rico and the U.S. Virgin Islands.


Sec.  25.156   [Amended]

0
10. Remove the first sentence of Sec.  25.156(d)(5).
0
11. Revise Sec.  25.157(b) to read as follows:


Sec.  25.157   Consideration of applications for NGSO-like satellite 
operation.

* * * * *
    (b)(1) The procedures prescribed in this section do not apply to an 
application for authority to operate a replacement space station(s) 
that meets the relevant criteria in Sec.  25.165(e)(1) and (2) and that 
will be launched before the space station(s) to be replaced is retired 
from service or within a reasonable time after loss of a space station 
during launch or due to premature failure in orbit.
    (2) The procedures in paragraphs (e), (f), and (g) of this section 
do not apply to an application granted with a condition to share 
spectrum pursuant to Sec.  25.261.
* * * * *
0
12. Revise Sec.  25.161(a) to read as follows:


Sec.  25.161   Automatic termination of station authorization.

* * * * *
    (a)(1) The failure to meet an applicable milestone specified in 
Sec.  25.164(a) and/or (b), if no authorized space station is 
functional in orbit;
    (2) The failure to meet an applicable milestone specified in Sec.  
25.164(b)(1) or (b)(2), if at least one authorized space station is 
functional in orbit, which failure will result in the termination of 
authority for the number, type, and orbital parameters of space 
stations not in orbit as of the milestone date; or
    (3) The failure to meet any other milestone or construction 
requirement imposed as a condition of authorization. In the case of a 
space station authorization when at least one authorized space station 
is functional in orbit, however, such termination will be with respect 
to only the authorization for any space stations not in orbit as of the 
milestone date.
* * * * *
0
13. In Sec.  25.164, revise paragraphs (a), (b), and (g) to read as 
follows:


Sec.  25.164   Milestones.

    (a) The recipient of an initial license for a GSO space station, 
other than a DBS space station, SDARS space station, or replacement 
space station as defined in Sec.  25.165(e), must launch the space 
station, position it in its assigned orbital location, and operate it 
in accordance with the station authorization no later than five years 
after the grant of the license, unless a different schedule is 
established by Title 47, Chapter I, or the Commission.
    (b)(1) The recipient of an initial authorization for an NGSO 
satellite system, other than an SDARS system, must launch 75 percent of 
the maximum number of space stations authorized for service, place them 
in their assigned orbits, and operate them in accordance with the 
station authorization no later than six years after the grant of the 
authorization, unless a different schedule is established by Title 47, 
Chapter I, or the Commission. This paragraph does not apply to 
replacement NGSO space stations as defined in Sec.  25.165(e).
    (2) A licensee that satisfies the requirement in paragraph (b)(1) 
of this section must launch the remaining space stations necessary to 
complete its authorized service constellation, place them in their 
assigned orbits, and operate each of them in accordance with the 
authorization no later than nine years after the grant of the 
authorization.
* * * * *
    (g) Licensees of satellite systems that include both NGSO 
satellites and GSO satellites must meet the requirement in paragraph 
(a) of this section with respect to the GSO satellite(s) and the 
applicable requirements in paragraph (b) of this section with respect 
to the NGSO satellites.
* * * * *
0
14. In Sec.  25.165, revise paragraphs (c) and (d) to read as follows:


Sec.  25.165   Surety bonds.

* * * * *
    (c) A licensee will be considered to be in default with respect to 
a bond filed pursuant to paragraph (a) of this section if it surrenders 
the license before meeting the applicable milestone requirement(s) in 
Sec.  25.164(a) and/or (b)(1) or if it fails to satisfy any such 
milestone.
    (d) A licensee will be relieved of its bond obligation under 
paragraph (a) of this section upon a Commission finding that the 
licensee has satisfied the applicable milestone requirement(s) in Sec.  
25.164(a) and/or (b)(1) for the authorization.
* * * * *
0
15. Revise Sec.  25.202(a)(1) to read as follows:


Sec.  25.202   Frequencies, frequency tolerance, and emission limits.

    (a)(1) In addition to the frequency-use restrictions set forth in 
Sec.  2.106 of this chapter, the following restrictions apply:
    (i) In the 27.5-28.35 GHz band, the FSS (Earth-to-space) is 
secondary to the Upper Microwave Flexible Use Service authorized 
pursuant to part 30 of this chapter, except for FSS operations 
associated with earth stations authorized pursuant to Sec.  25.136.
    (ii) Use of the 37.5-40 GHz band by the FSS (space-to-Earth) is 
limited to individually licensed earth stations. Earth stations in this 
band must not be ubiquitously deployed and must not be used to serve 
individual consumers.
* * * * *
0
16. In Sec.  25.208, revise the section heading, paragraph (c) 
introductory text, the first sentence of paragraph (e), and

[[Page 3272]]

paragraphs (f), (g), (h), (j), and (k) to read as follows:


Sec.  25.208   Power flux-density limits.

* * * * *
    (c) For a GSO space station in the 17.7-19.7 GHz, 22.55-23.55 GHz, 
or 24.45-24.75 GHz bands, or for an NGSO space station in the 22.55-
23.55 GHz or 24.45-24.75 GHz bands, the PFD at the Earth's surface 
produced by emissions for all conditions and for all methods of 
modulation must not exceed the following values:
* * * * *
    (e) For an NGSO space station, the PFD at the Earth's surface 
produced by emissions in the 17.8-18.6 GHz or 18.8-19.7 GHz bands, for 
all conditions and for all methods of modulation, must not exceed the 
following values, unless the aggregate PFD produced by the entire 
authorized constellation at any point at the Earth's surface does not 
exceed -115 ((dBW/m\2\)/MHz):
* * * * *
    (f) The EPFD produced at any point in the geostationary-satellite 
orbit by emissions from all the space stations in an NGSO FSS system 
(EPFDis), in the frequency bands and Regions listed below, 
for all conditions and for all methods of modulation, must not exceed 
the given limits for the specified percentages of time. These limits 
relate to the EPFD that would be obtained under free-space propagation 
conditions into a reference antenna and in the reference bandwidth 
specified below, for all pointing directions towards the Earth's 
surface visible from any given location in the geostationary-satellite 
orbit.

                  Limits to the EPFDIS Radiated by NGSO FSS Systems in Certain Frequency Bands
----------------------------------------------------------------------------------------------------------------
                                                         Percentage of
                                                          time during
                                           EPFDdown     which EPFDdown     Reference        Reference antenna
         Frequency band (GHz)            (dB(W/m\2\))     may not be       bandwidth     diameter and reference
                                                           exceeded          (kHz)        radiation pattern \1\
 
----------------------------------------------------------------------------------------------------------------
10.7-11.7, 12.5-12.75.................            -160             100              40  4[deg] Recommendation
                                                                                         ITU-R S.672-4, Ls =-20
17.8-18.4, 19.3-19.4, 19.6-19.7.......            -160             100              40  4[deg] Recommendation
                                                                                         ITU-R S.672-4, Ls =-20
----------------------------------------------------------------------------------------------------------------
\1\ In this Table, the reference pattern of Recommendation ITU-R S. 672.4 must be used only for the calculation
  of interference from NGSO FSS systems into GSO FSS networks. In applying the equations of Annex 1 to
  Recommendation ITU-R S.672-4, the parabolic main beam equation must start at zero.

    (g) In the frequency bands and Regions listed in Tables IG through 
4G below, the single-entry EPFD in the space-to-Earth direction 
(EPFDdown) at any point on the Earth's surfaceproduced by 
emissions from all co-frequency space stations of a single NGSO FSS 
system must not exceed limits for the given percentages of time.

        Table 1G--Limits to the EPFDDOWN Radiated by NGSO FSS Systems in Certain Frequency Bands \1\ \2\
----------------------------------------------------------------------------------------------------------------
                                                         Percentage of
                                                          time during
                                           EPFDdown     which EPFDdown     Reference        Reference antenna
         Frequency band (GHz)            (dB(W/m\2\))     may not be       bandwidth     diameter and reference
                                                           exceeded          (kHz)        radiation pattern \3\
 
----------------------------------------------------------------------------------------------------------------
10.7-11.7 in all Regions; 11.7-12.2 in          -175.4               0              40  60 cm Recommendation ITU-
 Region 2; 12.2-12.5 in Region 3; and             -174              90                   R S.1428-1.
 12.5-12.75 in Regions 1 and 3.                 -170.8              99
                                                -165.3           99.73
                                                -160.4          99.991
                                                  -160          99.997
                                                  -160             100
                                                -181.9               0              40  1.2 m Recommendation ITU-
                                                -178.4            99.5                   R S.1428-1.
                                                -173.4           99.74
                                                  -173          99.857
                                                  -164          99.954
                                                -161.6          99.984
                                                -161.4          99.991
                                                -160.8          99.997
                                                -160.5          99.997
                                                  -160         99.9993
                                                  -160             100

[[Page 3273]]

 
                                               -190.45               0              40  3 m Recommendation ITU-R
                                               -189.45              90                   S.1428-1.
                                               -187.45            99.5
                                                -182.4            99.7
                                                  -182          99.855
                                                  -168          99.971
                                                  -164          99.988
                                                  -162          99.995
                                                  -160          99.999
                                                  -160             100
                                               -195.45               0              40  10 m Recommendation ITU-
                                               -195.45              99                   R S.1428-1.
                                                  -190           99.65
                                                  -190           99.71
                                                -172.5           99.99
                                                  -160          99.998
                                                  -160             100
----------------------------------------------------------------------------------------------------------------
\1\ In addition to the limits shown in Table 1G, the limits shown in Table 2G apply to all antenna sizes greater
  than 60 cm in the frequency bands listed in Table 1G.
\2\ For each reference antenna diameter, the limit consists of the complete curve on a plot which is linear in
  decibels for the EPFDdown levels and logarithmic for the time percentages, with straight lines joining the
  data points.
\3\ The earth station antenna reference patterns are to be used only for the calculation of interference from
  NGSO FSS systems into GSO FSS networks.


               Table 2G--Limits to the EPFDDOWN Radiated by NGSO FSS Systems at Certain Latitudes
----------------------------------------------------------------------------------------------------------------
 100% of the time EPFDdown (dB(W/(m\2\/40 kHz)))
                                                               Latitude (North or South in degrees)
----------------------------------------------------------------------------------------------------------------
-160............................................  0 <[verbar] Latitude [verbar] <= 57.5.
-160 + 3.4(57.5 - [verbar] Latitude [verbar])/4.  57.5 <[verbar] Latitude [verbar] <= 63.75.
-165.3..........................................  63.75 <=[verbar] Latitude [verbar].
----------------------------------------------------------------------------------------------------------------


        Table 3G--Limits to the EPFDDOWN Radiated by NGSO FSS Systems in Certain Frequency Bands \2\ \4\
----------------------------------------------------------------------------------------------------------------
                                                         Percentage of
                                                          time during
                                           EPFDdown     which EPFDdown     Reference        Reference antenna
         Frequency band (GHz)            (dB(W/m\2\))     may not be       bandwidth     diameter and reference
                                                           exceeded          (kHz)        radiation pattern \3\
 
----------------------------------------------------------------------------------------------------------------
17.8-18.6.............................          -175.4               0              40  1 m Recommendation ITU-R
                                                -175.4              90                   S.1428-1.
19.3-19.4.............................          -172.5              99
                                                  -167          99.714
19.6-19.7.............................            -164          99.971
                                                  -164             100
                                                -161.4               0            1000
                                                -161.4              90
                                                -158.5              99
                                                  -153          99.714
                                                  -150          99.971
                                                  -150             100
                                                -178.4               0              40  2 m Recommendation ITU-R
                                                                                         S.1428-1.
                                                -178.4            99.4
                                                -171.4            99.9
                                                -170.5          99.913
                                                  -166          99.971
                                                  -164          99.977
                                                  -164             100
                                                -164.4               0            1000
                                                -164.4            99.4
                                                -157.4            99.9
                                                -156.5          99.913

[[Page 3274]]

 
                                                  -152          99.971
                                                  -150          99.977
                                                  -150             100
                                                -185.4               0              40  5 m Recommendation ITU-R
                                                -185.4            99.8                   S.1428-1.
                                                  -180            99.8
                                                  -180          99.943
                                                  -172          99.943
                                                  -164          99.998
                                                  -164             100
                                                -171.4               0            1000
                                                -171.4            99.8
                                                  -166            99.8
                                                  -166          99.943
                                                  -158          99.943
                                                  -150          99.998
                                                  -150             100
----------------------------------------------------------------------------------------------------------------
\4\ An NGSO satellite system must meet the limits of Table 3G in both the 40 kHz and the 1 MHz reference
  bandwidths.


        Table 4G--Limits to the EPFDDOWN Radiated by NGSO FSS Systems in Certain Frequency Bands \2\ \4\
----------------------------------------------------------------------------------------------------------------
                                                         Percentage of
                                                          time during
                                           EPFDdown     which EPFDdown     Reference        Reference antenna
         Frequency band (GHz)            (dB(W/m\2\))     may not be       bandwidth     diameter and reference
                                                           exceeded          (kHz)        radiation pattern \3\
 
----------------------------------------------------------------------------------------------------------------
19.7-20.2.............................          -187.4               0              40  70 cm Recommendation ITU-
                                                  -182          71.429                   R S.1428-1.
                                                  -172          97.143
                                                  -154          99.983
                                                  -154             100
                                                -173.4               0            1000
                                                  -168          71.429
                                                  -158          97.143
                                                  -140          99.983
                                                  -140             100
                                                -190.4               0              40  90 cm Recommendation ITU-
                                                -181.4              91                   R S.1428-1.
                                                -170.4            99.8
                                                -168.6            99.8
                                                  -165          99.943
                                                  -160          99.943
                                                  -154          99.997
                                                  -154             100
                                                -176.4               0            1000
                                                -167.4              91
                                                -156.4            99.8
                                                -154.6            99.8
                                                  -151          99.943
                                                  -146          99.943
                                                  -140          99.997
                                                  -140             100
                                                -196.4               0              40  2.5 m Recommendation ITU-
                                                  -162           99.98                   R S.1428-1.
                                                  -154        99.99943
                                                  -154             100
                                                -182.4               0            1000
                                                  -148           99.98
                                                  -140        99.99943
                                                  -140             100

[[Page 3275]]

 
                                                -200.4               0              40  5 m Recommendation ITU-R
                                                -189.4              90                   S.1428-1.
                                                -187.8              94
                                                  -184          97.143
                                                  -175          99.886
                                                -164.2           99.99
                                                -154.6          99.999
                                                  -154         99.9992
                                                  -154             100
                                                -186.4               0            1000
                                                -175.4              90
                                                -173.8              94
                                                  -170          97.143
                                                  -161          99.886
                                                -150.2           99.99
                                                -140.6          99.999
                                                  -140         99.9992
                                                  -140             100
----------------------------------------------------------------------------------------------------------------

    Note to paragraph (g): These limits relate to the EPFD that would 
be obtained under free-space propagation conditions for all conditions 
and for all methods of modulation. (h) In the frequency bands and 
Regions listed in Tables 1H through 4H below, the aggregate EPFD in the 
space-to-Earth direction (EPFDdown) at any point on the 
Earth's surface produced by emissions from all co-frequency space 
stations of all NGSO FSS systems must not exceed the specified limits 
for the given percentages of time.

     Table 1H--Limits on Aggregate EPFDDOWN Radiated by NGSO FSS Systems in Certain Frequency Bands \1\ \2\
----------------------------------------------------------------------------------------------------------------
                                                         Percentage of
                                                          time during
                                           EPFDdown     which EPFDdown     Reference        Reference antenna
         Frequency band (GHz)            (dB(W/m\2\))     may not be       bandwidth     diameter and reference
                                                           exceeded          (kHz)        radiation pattern \3\
 
----------------------------------------------------------------------------------------------------------------
10.7-11.7 in all Regions; 11.7-12.2 in            -170               0              40  60 cm Recommendation ITU-
 Region 2; 12.2-12.5 in Region 3; and           -168.6              90                   R S.1428.
 12.5-12.75 in Regions 1 and 3.                 -165.3              99
                                                -160.4           99.97
                                                  -160           99.99
                                                  -160             100
                                                -176.5               0              40  1.2 m Recommendation ITU-
                                                  -173            99.5                   R S.1428.
                                                  -164           99.84
                                                -161.6          99.945
                                                -164.4           99.97
                                                -160.8           99.99
                                                -160.5           99.99
                                                  -160         99.9975
                                                  -160             100
                                                  -185               0              40  3 m Recommendation ITU-R
                                                  -184              90                   S.1428.
                                                  -182  ..............
                                                  -168            99.5
                                                  -164            99.9
                                                  -162           99.96
                                                  -160          99.982
                                                  -160          99.997
                                                                   100

[[Page 3276]]

 
                                                  -190               0              40  10 m Recommendation ITU-
                                                  -190              99                   R S.1428.
                                                  -166           99.99
                                                  -160          99.998
                                                  -160             100
----------------------------------------------------------------------------------------------------------------
\1\ In addition to the limits shown in Table 1H, the aggregate EPFDdown limits shown in Table 2H apply to all
  antenna sizes greater than 60 cm in the frequency bands listed in Table 1H.
\2\ For each reference antenna diameter, the limit consists of the complete curve on a plot which is linear in
  decibels for the EPFDdown levels and logarithmic for the time percentages, with straight lines joining the
  data points.
\3\ The earth station antenna reference patterns are to be used only for the calculation of interference from
  NGSO FSS systems into GSO FSS networks.


            Table 2H-- Limits on Aggregate EPFDDOWN Radiated by NGSO FSS Systems at Certain Latitudes
----------------------------------------------------------------------------------------------------------------
 100% of the time EPFDdown (dB(W/(m\2\/40 kHz)))
                                                               Latitude (North or South in degrees)
----------------------------------------------------------------------------------------------------------------
-160............................................  0 <[verbar] Latitude [verbar] <= 57.5.
-160 + 3.4(57.5 - [verbar] Latitude [verbar])/4.  57.5 <[verbar] Latitude [verbar] <= 63.75.
-165.3..........................................  63.75 <=[verbar] Latitude [verbar].
----------------------------------------------------------------------------------------------------------------


     Table 3H--Limits on Aggregate EPFDDOWN Radiated by NGSO FSS Systems in Certain Frequency Bands \2\ \4\
----------------------------------------------------------------------------------------------------------------
                                                         Percentage of
                                                          time during
                                           EPFDdown     which EPFDdown     Reference        Reference antenna
         Frequency band (GHz)            (dB(W/m\2\))     may not be       bandwidth     diameter and reference
                                                           exceeded          (kHz)        radiation pattern \3\
 
----------------------------------------------------------------------------------------------------------------
17.8-18.6.............................            -170               0              40  1 m Recommendation ITU-R
                                                  -170              90                   S.1428.
19.3-19.4.............................            -164            99.9
                                                  -164             100
19.6-19.7.............................            -156               0            1000
                                                  -156              90
                                                  -150            99.9
                                                  -150             100
                                                  -173               0              40  2 m Recommendation ITU-R
                                                  -173            99.4                   S.1428.
                                                  -166            99.9
                                                  -164           99.92
                                                  -164             100
                                                  -159               0            1000
                                                  -159            99.4
                                                  -152            99.9
                                                  -150           99.92
                                                  -150             100
                                                  -180               0              40  5 m Recommendation ITU-R
                                                  -180            99.8                   S.1428.
                                                  -172            99.8
                                                  -164          99.992
                                                  -164             100
                                                  -166               0           1000
                                                  -166            99.8
                                                  -158            99.8
                                                  -150          99.992
                                                  -150             100
----------------------------------------------------------------------------------------------------------------
\4\ An NGSO system must meet the limits of this Table in both the 40 kHz and the 1 MHz reference bandwidths.


[[Page 3277]]


      Table 4H--Limits on Aggregate EPFDDOWN Radiated by NGSO FSS Systems in Certain Frequency Band \2\ \4\
----------------------------------------------------------------------------------------------------------------
                                                         Percentage of
                                                          time during
                                           EPFDdown     which EPFDdown     Reference        Reference antenna
         Frequency band (GHz)            (dB(W/m\2\))     may not be       bandwidth     diameter and reference
                                                           exceeded          (kHz)        radiation pattern \3\
 
----------------------------------------------------------------------------------------------------------------
19.7-20.2.............................            -182               0              40  70 cm Recommendation ITU-
                                                  -172              90                   R S.1428.
                                                  -154           99.94
                                                  -154             100
                                                  -168               0            1000
                                                  -158              90
                                                  -140           99.94
                                                  -140             100
                                                  -185               0              40  90 cm Recommendation ITU-
                                                  -176              91                   R S.1428.
                                                  -165            99.8
                                                  -160            99.8
                                                  -154           99.99
                                                  -154             100
                                                  -171               0            1000
                                                  -162              91
                                                  -151            99.8
                                                  -146            99.8
                                                  -140           99.99
                                                  -140             100
                                                  -191               0              40  2.5 m
                                                  -162          99.933                  Recommendation
                                                  -154          99.998                  ITU-R S.1428
                                                  -154             100
                                                  -177               0            1000
                                                  -148          99.933
                                                  -140          99.998
                                                  -140             100
                                                  -195               0              40  5 m Recommendation ITU-R
                                                  -184              90                   S.1428.
                                                  -175            99.6
                                                  -161          99.984
                                                  -154         99.9992
                                                  -154             100
                                                  -181               0            1000
                                                  -170              90
                                                  -161            99.6
                                                  -147          99.984
                                                  -140         99.9992
                                                  -140             100
----------------------------------------------------------------------------------------------------------------

    Note to paragraph (h): These limits relate to the EPFD, which would 
be obtained under free-space propagation conditions, for all conditions 
and for all methods of modulation.
* * * * *
    (j) In the frequency bands and Regions listed in Tables 1J and 2J, 
the operational EPFD in the space-to-Earth direction (operational 
EPFDdown) at any point on the Earth's surface, produced by 
actual operational emissions from the in-line co-frequency space 
station of an NGSO FSS system, must never exceed the specified 
operational limits:

    Table 1J--Operational Limits to the EPFDDOWN Radiated by NGSO FSS Systems in Certain Frequency Bands \1\
----------------------------------------------------------------------------------------------------------------
                                                 Percentage of
                                                  time during                     GSO system         Orbital
                                EPFDdown (dB(W/ which EPFDdown     Reference     receive earth   inclination of
     Frequency band (GHz)           m \2\))       may not be       bandwidth        station          the GSO
                                                   exceeded          (kHz)       antenna gain       satellite
                                                                                     (dBi)          (degrees)
----------------------------------------------------------------------------------------------------------------
10.7-11.7 in all Regions......            -163             100              40               3             <=2.5
11.7-12.2 in Region 2.........            -166  ..............  ..............               6
12.2-12.5 in region 3, and....          -167.5  ..............  ..............               9
12.5-12.75 in Region 1 and 3            -169.5  ..............  ..............            >=18  ................
 (prior to 31 December 2005)..

[[Page 3278]]

 
                                          -160             100              40               3  >=2.5 and <=4.5.
                                          -163                                               6
                                        -164.5                                               9
                                        -166.5                                            >=18
10.7-11.7 in all Regions;.....         -161.25             100              40               3            <=2.5.
11.7-12.2 in Region 2;........            -164  ..............  ..............               6
12.2-12.5 in Region 3;........          -165.5  ..............  ..............               9
and 12.5-12.75 in Regions 1             -167.5  ..............  ..............            >=18
 and 3 (from 31 December 2005)
                                       -158.25             100              40               3  >=2.5 and <=4.5.
                                          -161                                               6
                                        -162.5                                               9
                                        -164.5                                            >=18
----------------------------------------------------------------------------------------------------------------
\1\ The operational limits on the EPFDdown radiated by NGSO FSS systems must be the values given in Table 2G or
  this table, whichever are the more stringent.
\2\ For antenna diameters between the values given in this table, the limits are given by linear interpolation
  using a linear scale for EPFDdown in decibels and a logarithmic scale for antenna diameter in meters.


                        Table 2J--Operational Limits to the EPFDDOWN Radiated by NGSO FSS Systems in Certain Frequency Bands \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Percentage of
                                                              time during                     GSO system
                                            EPFDdown (dB(W/ which EPFDdown     Reference     receive earth    Orbital inclination of the GSO satellite
           Frequency band (GHz)                 m \2\))       may not be       bandwidth        station                       (degrees)
                                                               exceeded          (kHz)       antenna gain
                                                                                                 (dBi)
--------------------------------------------------------------------------------------------------------------------------------------------------------
19.7-20.2.................................            -157             100              40            >=49  <=2.5
                                                      -157             100              40        \3\ >=43  <=2.5
                                                      -155             100              40            >=49  >2.5 and <=4.5
19.7-20.2.................................            -143             100            1000            >=49  <=2.5
                                                      -143             100            1000       \3\ >=43>  <=2.5
                                                      -141             100            1000            >=49  >2.5 and <=4.5
17.8-18.6.................................            -164             100              40            >=49  <=2.5
19.3-19.4.................................            -162             100              40            >=49  >2.5 and <=4.5
19.6-19.7.................................
17.8-18.6.................................            -150             100            1000            >=49  <=2.5
19.3-19.4.................................            -148             100            1000            >=49  >2.5 and <=4.5
19.6-19.7.................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\3\ The operational limit applies to NGSO systems operating at altitudes of 7000 km or above in order to protect GSO FSS networks employing adaptive
  coding.

    Note to paragraph (j): These limits relate to the operational EPFD 
which would be obtained under free-space propagation conditions, for 
all conditions, for all methods of modulation and for the specified 
inclined GSO FSS operations.
    (k) In the frequency bands and Regions listed in the following 
Table, the EPFD in the Earth-to-space direction (EPFDup) 
produced at any point on the GSO by the emissions from all co-frequency 
earth stations in an NGSO FSS system, for all conditions and for all 
methods of modulation, must not exceed the specified limits for the 
given percentages of time:

                  Limits to the EPFDUP Radiated by NGSO FSS Systems in Certain Frequency Bands
----------------------------------------------------------------------------------------------------------------
                                                         Percentage of
                                                          time during
                                        EPFDup (dB(W/m   which EPFDup      Reference        Reference antenna
         Frequency band (GHz)                \2\))        may not be       bandwidth     beamwidth and reference
                                                           exceeded          (kHz)        radiation pattern \1\
 
----------------------------------------------------------------------------------------------------------------
12.5-12.75............................            -160             100              40  4 [deg] Recommendation
                                                                                         ITU-R S.672-4, Ls = -
                                                                                         20.
12.75-13.25
13.75-14.5
17.3-18.1 (Regions 1 and 3)...........            -160             100              40  4 [deg] Recommendation
                                                                                         ITU-R S.672-4, Ls = -
                                                                                         20.
17.8-18.1 (Region 2) \2\
27.5-28.6.............................            -162             100              40  1.55 [deg]
                                                                                         Recommendation ITU-R
                                                                                         S.672-4, Ls = -20.
29.3-30...............................            -162             100              40  1.55 [deg]
                                                                                         Recommendation ITU-R
                                                                                         S.672-4, Ls = -20.
----------------------------------------------------------------------------------------------------------------
\1\ For the case of Ls = -10, the values a = 1.83 and b = 6.32 should be used in the equations in the Annex of
  Recommendation ITU-R S.672-4 for single-feed circular beams. In all cases of Ls, the parabolic main beam
  equation should start at zero.

[[Page 3279]]

 
\2\ This EPFDup level also applies to the 17.3-17.8 GHz band to protect BSS feeder links in Region 2 from NGSO
  FSS Earth-to-space transmissions in Regions 1 and 3.
 Note to paragraph (k): These limits relate to the uplink EPFD, which would be obtained under free-space
  propagation conditions, for all conditions and for all methods of modulation.

* * * * *
0
17. In Sec.  25.217, revise paragraphs (b)(1) and (c)(1) to read as 
follows:


Sec.  25.217   Default service rules.

* * * * *
    (b)(1) For all NGSO-like satellite licenses for which the 
application was filed pursuant to the procedures set forth in Sec.  
25.157 after August 27, 2003, authorizing operations in a frequency 
band for which the Commission has not adopted frequency band-specific 
service rules at the time the license is granted, the licensee will be 
required to comply with the following technical requirements, 
notwithstanding the frequency bands specified in these rule provisions: 
Sec. Sec.  25.143(b)(2)(ii), (iii), 25.204(e), 25.210(f), (i).
* * * * *
    (c)(1) For all GSO-like satellite licenses for which the 
application was filed pursuant to the procedures set forth in Sec.  
25.158 after August 27, 2003, authorizing operations in a frequency 
band for which the Commission has not adopted frequency band-specific 
service rules at the time the license is granted, the licensee will be 
required to comply with the following technical requirements, 
notwithstanding the frequency bands specified in these rule provisions: 
Sec. Sec.  25.143(b)(2)(iv), 25.204(e), 25.210(f), (i), (j).
* * * * *
0
18. Revise Sec.  25.261 to read as follows:


Sec.  25.261   Procedures for avoidance of in-line interference among 
NGSO FSS systems.

    (a) Scope. This section applies to NGSO FSS satellite systems that 
communicate with earth stations with directional antennas and that 
operate under a Commission license or grant of U.S. market access under 
this part in the 10.7-12.7 GHz (space-to-Earth), 12.75-13.25 GHz 
(Earth-to-space), 13.75-14.5 GHz (Earth-to-space), 17.8-18.6 GHz 
(space-to-Earth), 18.8-19.4 GHz (space-to-Earth), 19.6-20.2 GHz (space-
to-Earth), 27.5-29.1 GHz (Earth-to-space), or 29.3-30 GHz (Earth-to-
space) bands.
    (b) Definition of ``In-line event.'' For purposes of this section, 
an ``in-line event'' associated with a specific frequency range occurs 
when there is physical alignment of space stations of two or more NGSO 
FSS satellite systems authorized to use this frequency range with an 
operating earth station of one of these systems such that the angular 
separation between operational links of the satellite systems is less 
than 10[deg] as measured at the earth station.
    (c) Default procedure. Unless otherwise coordinated pursuant to 
paragraph (d) of this section, NGSO FSS satellite operators 
experiencing an in-line event must divide their commonly assigned 
spectrum in accordance with the following procedure:
    (1) Each of n (number of) satellite systems involved in a 
particular in-line event must select 1/n of the commonly assigned 
frequency range for its ``home'' spectrum. The selection order for each 
satellite system will be determined by the date that the first space 
station in the satellite system commences operation.
    (2) The affected space station(s) of the respective satellite 
systems must operate only in the selected (1/n) spectrum associated 
with its satellite system, its home spectrum, for the duration of the 
in-line event.
    (3) All affected space station(s) may resume operations throughout 
the frequency range associated with the in-line event once the angular 
separation between the space stations exceeds 10[deg].
    (d) Coordination procedure. Any coordination procedure agreed among 
the affected operating satellite systems, which allows operations of 
the satellite systems when each system's respective space stations are 
within the 10 degree avoidance angle associated with an in-line event, 
will supersede the default procedure of paragraph (c) of this section. 
All parties must coordinate in good faith.
0
19. Revise Sec.  25.271(e) to read as follows:


Sec.  25.271   Control of transmitting stations.

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    (e) The licensee or market access recipient for an NGSO FSS 
satellite system operating in the 10.7-14.5 GHz, 17.8-18.6 GHz, 18.8-
19.4 GHz, 19.6-20.2 GHz, 27.5-29.1 GHz, or 29.3-30 GHz bands must 
maintain an electronic Web site bulletin board to list the satellite 
ephemeris data for each satellite in the constellation, using the North 
American Aerospace Defense Command (NORAD) two-line orbital element 
format. The orbital elements must be updated at least once every three 
days.
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[FR Doc. 2016-31795 Filed 1-10-17; 8:45 am]
 BILLING CODE 6712-01-P