Earth Stations in Motion, 44818-44821 [2020-13784]

Download as PDF 44818 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Proposed Rules whether it will not have a significant effect and regarding any less burdensome alternatives to this rule that will meet HUD’s objectives. Executive Order 13132, Federalism Executive Order 13132 (entitled ‘‘Federalism’’) prohibits an agency from publishing any rule that has federalism implications if the rule either imposes substantial direct compliance costs on state and local governments or is not required by statute, or the rule preempts state law, unless the agency meets the consultation and funding requirements of section 6 of the Executive Order. This rule would not have federalism implications and would not impose substantial direct compliance costs on state and local governments or preempt state law within the meaning of the Executive Order. List of Subjects 24 CFR Part 5 Administrative practice and procedure, Aged, Claims, Drug abuse, Drug traffic control, Grant programs— housing and community development, Grant programs—Indians, Individuals with disabilities, Loan programs— housing and community development, Low and moderate income housing, Mortgage insurance, Pets, Public housing, Rent subsidies, Reporting and recordkeeping requirements. 24 CFR Part 576 Community facilities, Grant programshousing and community development, Grant programs-social programs, Homeless, Reporting and recordkeeping requirements. Accordingly, for the reasons stated above, HUD proposes to amend 24 CFR parts 5 and 576 as follows: PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS 1. The authority citation for part 5 continues to read as follows: jbell on DSKJLSW7X2PROD with PROPOSALS ■ Authority: 12 U.S.C. 1701x; 42 U.S.C. 1437a, 1437c, 1437d, 1437f, 1437n, 3535(d); Sec. 327, Pub. L. 109–115, 119 Stat. 2936; Sec. 607, Pub. L. 109–162, 119 Stat. 3051 (42 U.S.C. 14043e et seq.); E.O. 13279, 67 FR 77141, 3 CFR, 2002 Comp., p. 258; and E.O. 13559, 75 FR 71319, 3 CFR, 2010 Comp., p. 273. 2. In § 5.100, revise the first sentence of the definition of ‘‘Gender identity’’ to read as follows: ■ § 5.100 * * Definitions. * VerDate Sep<11>2014 * * 18:58 Jul 23, 2020 Jkt 250001 Gender identity means actual or perceived gender-related characteristics. * * * * * * * * ■ 3. In § 5.106, revise the section heading and paragraphs (b) and (c), and remove paragraph (d) to read as follows: § 5.106 Access in community planning and development programs. * * * * * (b) Access. The admissions, occupancy, and operating policies and procedures of recipients, subrecipients, owners, operators, managers, and providers identified in paragraph (a) of this section shall be established or amended, as necessary, and administered in a nondiscriminatory manner to ensure that eligibility determinations are made, and assisted housing is made available in CPD programs as required by § 5.105(a)(2). (c) Admission and accommodation in temporary, emergency shelters and other buildings and facilities with shared sleeping quarters or shared bathing facilities—(1) Admission and accommodation policies. Recipients, subrecipients, owners, operators, managers, or providers of temporary, emergency shelters or other buildings and facilities with physical limitations or configurations may make admission and accommodation decisions based on its own policy for determining sex if the policy is consistent with paragraphs (c)(2) through (4) of this section. Any such policy must be consistent with federal, state, and local law. (2) Privacy and safety considerations. The policy of a recipient, subrecipient, owner, operator, manager, or provider established pursuant to paragraph (c)(1) of this section may consider privacy, safety, and any other relevant factors. (3) Application of the policy. A recipient, subrecipient, owner, operator, manager, or provider must apply any policy established pursuant to paragraph (c)(1) of this section in a uniform and consistent manner. A recipient, subrecipient, owner, operator, manager, or provider may deny admission or accommodation in temporary, emergency shelters and other buildings and facilities with physical limitations or configurations that require and are permitted to have shared sleeping quarters or shared bathing facilities based on a good faith belief that an individual seeking accommodation or access to the temporary, emergency shelters is not of the sex which the shelter’s policy accommodates. If a temporary, emergency shelter has a good faith belief that a person seeking access to the shelter is not of the sex which the PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 shelter accommodates, the shelter may request information or documentary evidence of the person’s sex, except that the shelter may not request evidence which is unduly intrusive of privacy. (4) Transfer recommendation. If a temporary, emergency shelter denies admission or accommodations based on a good faith belief that a person seeking access to the shelter is not of the sex which the shelter accommodates as determined under its policy, the shelter must use the centralized or coordinated assessment system, as defined in § 578.3 of this title, to provide a transfer recommendation to an alternative shelter. If a person states to the temporary, emergency shelter that the provider’s policy for determining sex is inconsistent with the person’s sincerely held beliefs, including privacy or safety concerns, then the shelter must use the centralized or coordinated assessment system, as defined in § 578.3 of this title, to provide a transfer recommendation to an alternative shelter. PART 576—EMERGENCY SOLUTIONS GRANTS PROGRAM 4. The authority for 24 CFR part 576 continues to read as follows: ■ Authority: 12 U.S.C. 1701x, 1701 x-1; 42 U.S.C. 11371 et seq., 42 U.S.C. 3535(d). § 576.400 [Amended] 5. In § 576.400, add the parenthetical ‘‘(these policies must allow for the exceptions as authorized under the Equal Access Rule, 24 CFR 5.106)’’ at the end of paragraph (e)(3)(iii). ■ Dated: July 2, 2020. Benjamin S. Carson, Sr., Secretary. [FR Doc. 2020–14718 Filed 7–23–20; 8:45 am] BILLING CODE 4210–67–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 2 and 25 [IB Docket Nos. 17–95 and 18–315; FCC 20–66; FRS 16884] Earth Stations in Motion Federal Communications Commission. ACTION: Proposed rule. AGENCY: In this document, the Commission seeks to further develop the record regarding potential interference from out-of-band emissions of ESIMs in the 28.35–28.6 GHz band into the adjacent 27.5–28.35 GHz band used by Upper Microwave Flexible Use SUMMARY: E:\FR\FM\24JYP1.SGM 24JYP1 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Proposed Rules Service (UMFUS). These actions will promote innovative and flexible use of satellite technology, as well as provide regulatory equity between GSO and NGSO FSS systems. DATES: Comments are due August 24, 2020. Reply comments are due September 22, 2020. ADDRESSES: You may submit comments, identified by IB Docket Nos. 17–95 and 18–315, by any of the following methods: • Federal Communications Commission’s website: 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: Cindy Spiers, 202–418–1593. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Further Notice of Proposed Rulemaking (Further Notice), IB Docket Nos. 17–95 and 18– 315, FCC 20–66, adopted on May 13, 2020, and released on May 14, 2020. The full text of this document is available at https://docs.fcc.gov/public/ attachments/FCC-20-66A1.pdf. The full text of this document 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 & Governmental Affairs Bureau at 202– 418–0530 (voice), 202–418–0432 (TTY). jbell on DSKJLSW7X2PROD with PROPOSALS Paperwork Reduction Act This document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Synopsis In this Further Notice, we seek to further develop the record regarding VerDate Sep<11>2014 18:02 Jul 23, 2020 Jkt 250001 potential interference from out-of-band emissions of ESIMs 1 in the 28.35–28.6 GHz band into the adjacent 27.5–28.35 GHz band used by Upper Microwave Flexible Use Service (UMFUS). These actions will promote innovative and flexible use of satellite technology, as well as provide regulatory equity between GSO and NGSO FSS systems. Further Notice of Proposed Rulemaking In this Further Notice, we seek further comment on the Commission’s proposal to allow ESIMs to communicate with NGSO FSS space stations in the 28.35– 28.6 GHz band. On May 4, 2020, Verizon and US Cellular filed an ex parte raising concerns regarding potential interference from out-of-band emissions of ESIMs in the 28.35–28.6 GHz band into the adjacent 27.5–28.35 GHz band used by UMFUS.2 We believe this issue merits further discussion and expansion of the record. Therefore, we ask whether the current out-of-band emission limits in § 25.202(f) would be sufficient to protect UMFUS operations in the 27.5–28.35 GHz band. We also ask for comments on what level of interference generated by out-of-band emissions from ESIM operations with NGSO space stations above 28.35 GHz would be acceptable for UMFUS receivers operating immediately below 28.35 GHz, while at the same time not unduly constraining ESIM operations above 28.35 GHz. We seek comment on whether UMFUS receivers have been designed to account for the interference environment created by pre-existing operations in adjacent bands.3 We also request comment on whether UMFUS operators are developing equipment characteristics that make them less susceptible to unwanted energy generated by adjacent band users, and thus more compatible with such users. 1 The term ‘‘ESIMs’’ is the collective designation for three types of earth stations that the Commission authorizes to transmit while in motion: Earth Stations on Vessels (ESVs), Vehicle-Mounted Earth Stations (VMESs), and Earth Stations Aboard Aircraft (ESAAs) to communicate with space stations using frequencies allocated to the fixed satellite service. Broadly stated, Earth Stations on Vessels refers to earth stations that communicate with a satellite while located on maritime vessels such as boats, cargo ships or cruise ships, whereas Vehicle-Mounted Earth Stations and Earth Stations Aboard Aircraft refer to earth stations that communicate with satellites while located on landbased vehicles or aircraft, respectively. 2 See Verizon May 4 Ex Parte Letter. In response to Verizon’s May 4 Ex Parte Letter, other parties filed ex partes in opposition. See SES Americom, Inc. and O3b Limited, Inmarsat, Inc., Hughes Network Systems, LLC, and EchoStar Satellite Services, L.L.C. May 6 Ex Parte Letter; Viasat May 6 Ex Parte Letter. 3 Currently, ESIMs can operate with GSO space stations using the 28.35–28.6 GHz band. PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 44819 The out-of-band emissions limit for UMFUS licensees is –13 dBm/MHz measured either as conductive or total radiated power.4 We seek comment on whether ESIM operations should be required to meet this limit below 28.35 GHz. Further, given that ESIM operations require highly directive antennas, should the out-of-band emissions limit be specified as an EIRP limit? We seek comment on whether typical ESIM operations meeting the out-ofband limits in § 25.202(f) produce interference above these acceptable levels.5 We note that the emissions below 28.35 GHz under the part 25 rule depends on the ESIMs transmit power and channel bandwidth whereas the UMFUS limit is a set limit. Next, if acceptable levels of interference are exceeded what measures should be taken to ensure outof-band emissions are appropriately limited? We seek comment on whether a sufficiently wide guard band could serve to protect UMFUS receivers. If a guard band could serve to protect UMFUS receivers, we ask for comment on how wide this guard band should be. Further, we seek comment on whether a guard band would be applicable only in certain ESIM operational scenarios (i.e. VMES, ESAA on the ground, ESV in a port). Additionally, we seek comment on whether setting a minimum elevation angle for ESIM operations with NGSO FSS space stations would be an effective way of achieving the desired balance between protecting UMFUS operations without over constraining FSS operations above 28.35 GHz. Alternatively, when transmitting to a NGSO FSS space station, should we limit the ESIM out-of-band EIRP density towards the horizon or within a certain range of elevation angles? Finally, we seek comment on whether aggregation of interference, including that from clutter reflections, should be considered, or is interference likely to be determined by the strongest (closest) interfering source. Given that ESIMs and UMFUS transmitters will likely differ in terms of antenna patterns, heights, and pointing directions, how would aggregate interference from ESIMs differ from that caused by adjacent UMFUS licensees? If aggregate interference is a significant issue, what assumptions 4 47 CFR 30.203. also note that there is currently an open Commission proceeding that proposes to replace the out-of-band emissions limits in § 25.202(f) with those in Recommendation ITU–R SM.1541–6. Further Streamlining Part 25 Rules Governing Satellite Services, Notice of Proposed Rulemaking, 33 FCC Rcd 11502, 11507–08, paras. 18–19 (2018). 5 We E:\FR\FM\24JYP1.SGM 24JYP1 jbell on DSKJLSW7X2PROD with PROPOSALS 44820 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Proposed Rules should be made in modeling aggregate interference for various use cases of ESIMs? Ex Parte Procedures. The proceeding this FNPRM initiates shall be treated as a ‘‘permit-but-disclose’’ proceeding in accordance with the Commission’s ex parte rules.6 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 § 1.1206(b). In proceedings governed by § 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. Comment Filing Requirements. Pursuant to §§ 1.415 and 1.419 of the Commission’s rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). 6 47 CFR 1.1200 et seq. VerDate Sep<11>2014 18:02 Jul 23, 2020 Jkt 250001 • Electronic Filers. Comments may be filed electronically using the internet by accessing the ECFS: https://apps.fcc.gov/ ecfs. • Paper Filers. Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by 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. • Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW, Washington, DC 20554. • Effective March 19, 2020, and until further notice, the Commission no longer accepts any hand or messenger delivered filings. This is a temporary measure taken to help protect the health and safety of individuals, and to mitigate the transmission of COVID–19. See FCC Announces Closure of FCC Headquarters Open Window and Change in Hand-Delivery Policy, Public Notice, DA 20–304 (March 19, 2020). https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202–418–0530 (voice) or 202– 418–0432 (TTY). Initial Regulatory Flexibility Analysis. As required by the Regulatory Flexibility Act of 1980, as amended, the Commission has prepared an Initial Regulatory Flexibility Analysis (IRFA) for this Further Notice, of the possible significant economic impact on small entities of the policies and rules addressed in this document. Written public comments are requested on this IRFA. Comments must be identified as responses to the IRFA and must be filed by the deadlines for comments on the Notice provided on or before the dates indicated on the first page of this Notice. The Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, will send a copy of the Further Notice, including this IRFA, to the Chief Counsel for PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 Advocacy of the Small Business Administration. Initial Regulatory Flexibility Analysis As required by the Regulatory Flexibility Act of 1980, as amended (RFA), the Commission has prepared this present Initial Regulatory Flexibility Analysis (IRFA) of the possible significant economic impact on a substantial number of small entities by the policies and rules proposed in this Further Notice. Written public comments are requested on this IRFA. Comments must be identified as responses to the IRFA and must be filed by the deadlines specified in the Notice for comments. The Commission will send a copy of this Further Notice, including this IRFA, to the Chief Counsel for Advocacy of the Small Business Administration (SBA). In addition, the Further Notice and IRFA (or summaries thereof) will be published in the Federal Register. A. Need for, and Objectives of, the Proposed Rules The Further Notice of Proposed Rulemaking proposes to further develop the record to determine the best option to deal with the potential interference from out-of-band emissions of ESIMs in the 28.35–28.6 GHz band into the adjacent 27.5–28.35 GHz band used by Upper Microwave Flexible Use Service (UMFUS), generated by ESIM transmissions to NGSO FSS space stations in frequencies above 28.35 GHz. B. Legal Basis The proposed action is authorized under sections 1, 4(i), 301, 303, 307, 308, and 309 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 301, 303, 307, 308, and 309. 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 E:\FR\FM\24JYP1.SGM 24JYP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Proposed Rules describe and estimate the number of small entity licensees that may be affected by adoption of the proposed rules. Satellite Telecommunications. This category comprises firms ‘‘primarily engaged in providing 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.’’ Satellite telecommunications service providers include satellite and earth station operators. The category has a small business size standard of $35 million or less in average annual receipts, under SBA rules. For this category, U.S. Census Bureau data for 2012 show that there were a total of 333 firms that operated for the entire year. Of this total, 299 firms had annual receipts of less than $25 million. Consequently, we estimate that the majority of satellite telecommunications providers are small entities. All Other Telecommunications. The ‘‘All Other Telecommunications’’ category is comprised of establishments 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 clientsupplied telecommunications connections are also included in this industry. The SBA has developed a small business size standard for ‘‘All Other Telecommunications’’, which consists of all such firms with annual receipts of $35 million or less. For this category, U.S. Census Bureau data for 2012 show that there were 1,442 firms that operated for the entire year. Of those firms, a total of 1,400 had annual receipts less than $25 million and 15 firms had annual receipts of $25 million to $49, 999,999. Thus, the Commission estimates that the majority of ‘‘All Other Telecommunications’’ firms potentially affected by our action can be considered small. We estimate, however, that some space station applicants applying under part 25 of the Commission’s rules would qualify as small entities affected by these rule changes. If the Commission VerDate Sep<11>2014 18:58 Jul 23, 2020 Jkt 250001 44821 were to apply the bond requirement to amateur and experimental space station licensees, then additional small entities would be affected by the rule changes. Federal Communications Commission. Marlene Dortch, Secretary. D. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements for Small Entities BILLING CODE 6712–01–P The FNPRM proposes to develop the record on the level of interference generated by out-of-band emissions from ESIM operations with NGSO space stations above 28.35 GHz that would be acceptable for UMFUS receivers operating immediately below 28.35 GHz, while at the same time not unduly constraining FSS operations above 28.35 GHz. This would protect all users in the various bands and reduce paperwork costs for such satellite operators by establishing a mutually acceptable sharing environment. [FR Doc. 2020–13784 Filed 7–23–20; 8:45 am] DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R8–ES–2019–0025; FF09E22000 FXES11130900000 201] RIN 1018–BD45 Endangered and Threatened Wildlife and Plants; Reclassification of Morro Shoulderband Snail (Helminthoglypta walkeriana) From Endangered to Threatened With a 4(d) Rule Fish and Wildlife Service, Interior. ACTION: Proposed rule. E. Steps Taken To Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered AGENCY: 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 FNPRM seeks comment on whether setting a minimum elevation angle for ESIM operations with NGSO FSS space stations would be an effective way of achieving the desired balance between protecting UMFUS operations without over constraining FSS operations above 28.35 GHz. The FNPRM alternatively considers whether, when transmitting to a NGSO FSS space station, the Commission should limit the ESIM out-of-band e.i.r.p density towards the horizon or within a certain range of elevation angles. These changes may reduce the economic and other impacts for other service providers. However, the Commission invites comment on these options and any alternatives. SUMMARY: F. Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rules PO 00000 None. Frm 00033 Fmt 4702 Sfmt 4702 We, the U.S. Fish and Wildlife Service (Service), propose to reclassify the Morro shoulderband snail (Helminthoglypta walkeriana) from an endangered to a threatened species under the Endangered Species Act of 1973, as amended (Act), and we propose a special rule under section 4(d) of the Act. This proposed reclassification is based on our evaluation of the best available scientific and commercial information, which indicates that the species’ status has improved such that it is not currently in danger of extinction throughout all or a significant portion of its range, but that it is still likely to become so in the foreseeable future. We also propose to update the Federal List of Endangered and Threatened Wildlife to reflect the latest scientifically accepted taxonomy and nomenclature for the species as Helminthoglypta walkeriana, Morro shoulderband snail. We seek information, data, and comments from the public on this proposal. We also announce the availability of an assessment of the status of the Chorro shoulderband snail (Helminthoglypta morroensis) in which we conclude that the species does not meet the definition of a threatened species or an endangered species. DATES: We will accept comments received or postmarked on or before September 22, 2020. We must receive requests for public hearings, in writing, at the address shown in FOR FURTHER INFORMATION CONTACT by September 8, 2020. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES E:\FR\FM\24JYP1.SGM 24JYP1

Agencies

[Federal Register Volume 85, Number 143 (Friday, July 24, 2020)]
[Proposed Rules]
[Pages 44818-44821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13784]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 25

[IB Docket Nos. 17-95 and 18-315; FCC 20-66; FRS 16884]


Earth Stations in Motion

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

SUMMARY: In this document, the Commission seeks to further develop the 
record regarding potential interference from out-of-band emissions of 
ESIMs in the 28.35-28.6 GHz band into the adjacent 27.5-28.35 GHz band 
used by Upper Microwave Flexible Use

[[Page 44819]]

Service (UMFUS). These actions will promote innovative and flexible use 
of satellite technology, as well as provide regulatory equity between 
GSO and NGSO FSS systems.

DATES: Comments are due August 24, 2020. Reply comments are due 
September 22, 2020.

ADDRESSES: You may submit comments, identified by IB Docket Nos. 17-95 
and 18-315, by any of the following methods:
     Federal Communications Commission's website: 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: [email protected] 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: Cindy Spiers, 202-418-1593.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rulemaking (Further Notice), IB Docket Nos. 
17-95 and 18-315, FCC 20-66, adopted on May 13, 2020, and released on 
May 14, 2020. The full text of this document is available at https://docs.fcc.gov/public/attachments/FCC-20-66A1.pdf. The full text of this 
document 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 
[email protected] or call the Consumer & Governmental Affairs Bureau at 
202-418-0530 (voice), 202-418-0432 (TTY).

Paperwork Reduction Act

    This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. In addition, therefore, it does not contain 
any new or modified information collection burden for small business 
concerns with fewer than 25 employees, pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4).

Synopsis

    In this Further Notice, we seek to further develop the record 
regarding potential interference from out-of-band emissions of ESIMs 
\1\ in the 28.35-28.6 GHz band into the adjacent 27.5-28.35 GHz band 
used by Upper Microwave Flexible Use Service (UMFUS). These actions 
will promote innovative and flexible use of satellite technology, as 
well as provide regulatory equity between GSO and NGSO FSS systems.
---------------------------------------------------------------------------

    \1\ The term ``ESIMs'' is the collective designation for three 
types of earth stations that the Commission authorizes to transmit 
while in motion: Earth Stations on Vessels (ESVs), Vehicle-Mounted 
Earth Stations (VMESs), and Earth Stations Aboard Aircraft (ESAAs) 
to communicate with space stations using frequencies allocated to 
the fixed satellite service. Broadly stated, Earth Stations on 
Vessels refers to earth stations that communicate with a satellite 
while located on maritime vessels such as boats, cargo ships or 
cruise ships, whereas Vehicle-Mounted Earth Stations and Earth 
Stations Aboard Aircraft refer to earth stations that communicate 
with satellites while located on land-based vehicles or aircraft, 
respectively.
---------------------------------------------------------------------------

Further Notice of Proposed Rulemaking

    In this Further Notice, we seek further comment on the Commission's 
proposal to allow ESIMs to communicate with NGSO FSS space stations in 
the 28.35-28.6 GHz band. On May 4, 2020, Verizon and US Cellular filed 
an ex parte raising concerns regarding potential interference from out-
of-band emissions of ESIMs in the 28.35-28.6 GHz band into the adjacent 
27.5-28.35 GHz band used by UMFUS.\2\ We believe this issue merits 
further discussion and expansion of the record. Therefore, we ask 
whether the current out-of-band emission limits in Sec.  25.202(f) 
would be sufficient to protect UMFUS operations in the 27.5-28.35 GHz 
band. We also ask for comments on what level of interference generated 
by out-of-band emissions from ESIM operations with NGSO space stations 
above 28.35 GHz would be acceptable for UMFUS receivers operating 
immediately below 28.35 GHz, while at the same time not unduly 
constraining ESIM operations above 28.35 GHz. We seek comment on 
whether UMFUS receivers have been designed to account for the 
interference environment created by pre-existing operations in adjacent 
bands.\3\ We also request comment on whether UMFUS operators are 
developing equipment characteristics that make them less susceptible to 
unwanted energy generated by adjacent band users, and thus more 
compatible with such users.
---------------------------------------------------------------------------

    \2\ See Verizon May 4 Ex Parte Letter. In response to Verizon's 
May 4 Ex Parte Letter, other parties filed ex partes in opposition. 
See SES Americom, Inc. and O3b Limited, Inmarsat, Inc., Hughes 
Network Systems, LLC, and EchoStar Satellite Services, L.L.C. May 6 
Ex Parte Letter; Viasat May 6 Ex Parte Letter.
    \3\ Currently, ESIMs can operate with GSO space stations using 
the 28.35-28.6 GHz band.
---------------------------------------------------------------------------

    The out-of-band emissions limit for UMFUS licensees is -13 dBm/MHz 
measured either as conductive or total radiated power.\4\ We seek 
comment on whether ESIM operations should be required to meet this 
limit below 28.35 GHz. Further, given that ESIM operations require 
highly directive antennas, should the out-of-band emissions limit be 
specified as an EIRP limit?
---------------------------------------------------------------------------

    \4\ 47 CFR 30.203.
---------------------------------------------------------------------------

    We seek comment on whether typical ESIM operations meeting the out-
of-band limits in Sec.  25.202(f) produce interference above these 
acceptable levels.\5\ We note that the emissions below 28.35 GHz under 
the part 25 rule depends on the ESIMs transmit power and channel 
bandwidth whereas the UMFUS limit is a set limit.
---------------------------------------------------------------------------

    \5\ We also note that there is currently an open Commission 
proceeding that proposes to replace the out-of-band emissions limits 
in Sec.  25.202(f) with those in Recommendation ITU-R SM.1541-6. 
Further Streamlining Part 25 Rules Governing Satellite Services, 
Notice of Proposed Rulemaking, 33 FCC Rcd 11502, 11507-08, paras. 
18-19 (2018).
---------------------------------------------------------------------------

    Next, if acceptable levels of interference are exceeded what 
measures should be taken to ensure out-of-band emissions are 
appropriately limited? We seek comment on whether a sufficiently wide 
guard band could serve to protect UMFUS receivers. If a guard band 
could serve to protect UMFUS receivers, we ask for comment on how wide 
this guard band should be. Further, we seek comment on whether a guard 
band would be applicable only in certain ESIM operational scenarios 
(i.e. VMES, ESAA on the ground, ESV in a port).
    Additionally, we seek comment on whether setting a minimum 
elevation angle for ESIM operations with NGSO FSS space stations would 
be an effective way of achieving the desired balance between protecting 
UMFUS operations without over constraining FSS operations above 28.35 
GHz. Alternatively, when transmitting to a NGSO FSS space station, 
should we limit the ESIM out-of-band EIRP density towards the horizon 
or within a certain range of elevation angles?
    Finally, we seek comment on whether aggregation of interference, 
including that from clutter reflections, should be considered, or is 
interference likely to be determined by the strongest (closest) 
interfering source. Given that ESIMs and UMFUS transmitters will likely 
differ in terms of antenna patterns, heights, and pointing directions, 
how would aggregate interference from ESIMs differ from that caused by 
adjacent UMFUS licensees? If aggregate interference is a significant 
issue, what assumptions

[[Page 44820]]

should be made in modeling aggregate interference for various use cases 
of ESIMs?
    Ex Parte Procedures. The proceeding this FNPRM initiates shall be 
treated as a ``permit-but-disclose'' proceeding in accordance with the 
Commission's ex parte rules.\6\ 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 Sec.  1.1206(b). 
In proceedings governed by Sec.  1.49(f) or for which the Commission 
has made available a method of electronic filing, written ex parte 
presentations and memoranda summarizing oral ex parte presentations, 
and all attachments thereto, must be filed through the electronic 
comment filing system available for that proceeding, and must be filed 
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). 
Participants in this proceeding should familiarize themselves with the 
Commission's ex parte rules.
---------------------------------------------------------------------------

    \6\ 47 CFR 1.1200 et seq.
---------------------------------------------------------------------------

    Comment Filing Requirements. Pursuant to Sec. Sec.  1.415 and 1.419 
of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may 
file comments and reply comments on or before the dates indicated on 
the first page of this document. Comments may be filed using the 
Commission's Electronic Comment Filing System (ECFS). See Electronic 
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers. Comments may be filed electronically 
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs.
     Paper Filers. Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by 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.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express, 
and Priority mail must be addressed to 445 12th Street SW, Washington, 
DC 20554.
     Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice) or 202-
418-0432 (TTY).
    Initial Regulatory Flexibility Analysis. As required by the 
Regulatory Flexibility Act of 1980, as amended, the Commission has 
prepared an Initial Regulatory Flexibility Analysis (IRFA) for this 
Further Notice, of the possible significant economic impact on small 
entities of the policies and rules addressed in this document. Written 
public comments are requested on this IRFA. Comments must be identified 
as responses to the IRFA and must be filed by the deadlines for 
comments on the Notice provided on or before the dates indicated on the 
first page of this Notice. The Commission's Consumer and Governmental 
Affairs Bureau, Reference Information Center, will send a copy of the 
Further Notice, including this IRFA, to the Chief Counsel for Advocacy 
of the Small Business Administration.

Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA), the Commission has prepared this present Initial Regulatory 
Flexibility Analysis (IRFA) of the possible significant economic impact 
on a substantial number of small entities by the policies and rules 
proposed in this Further Notice. Written public comments are requested 
on this IRFA. Comments must be identified as responses to the IRFA and 
must be filed by the deadlines specified in the Notice for comments. 
The Commission will send a copy of this Further Notice, including this 
IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA). In addition, the Further Notice and IRFA (or 
summaries thereof) will be published in the Federal Register.

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

    The Further Notice of Proposed Rulemaking proposes to further 
develop the record to determine the best option to deal with the 
potential interference from out-of-band emissions of ESIMs in the 
28.35-28.6 GHz band into the adjacent 27.5-28.35 GHz band used by Upper 
Microwave Flexible Use Service (UMFUS), generated by ESIM transmissions 
to NGSO FSS space stations in frequencies above 28.35 GHz.

B. Legal Basis

    The proposed action is authorized under sections 1, 4(i), 301, 303, 
307, 308, and 309 of the Communications Act of 1934, as amended, 47 
U.S.C. 151, 154(i), 301, 303, 307, 308, and 309.

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

[[Page 44821]]

describe and estimate the number of small entity licensees that may be 
affected by adoption of the proposed rules.
    Satellite Telecommunications. This category comprises firms 
``primarily engaged in providing 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.'' Satellite 
telecommunications service providers include satellite and earth 
station operators. The category has a small business size standard of 
$35 million or less in average annual receipts, under SBA rules. For 
this category, U.S. Census Bureau data for 2012 show that there were a 
total of 333 firms that operated for the entire year. Of this total, 
299 firms had annual receipts of less than $25 million. Consequently, 
we estimate that the majority of satellite telecommunications providers 
are small entities.
    All Other Telecommunications. The ``All Other Telecommunications'' 
category is comprised of establishments 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. The SBA has developed a 
small business size standard for ``All Other Telecommunications'', 
which consists of all such firms with annual receipts of $35 million or 
less. For this category, U.S. Census Bureau data for 2012 show that 
there were 1,442 firms that operated for the entire year. Of those 
firms, a total of 1,400 had annual receipts less than $25 million and 
15 firms had annual receipts of $25 million to $49, 999,999. Thus, the 
Commission estimates that the majority of ``All Other 
Telecommunications'' firms potentially affected by our action can be 
considered small.
    We estimate, however, that some space station applicants applying 
under part 25 of the Commission's rules would qualify as small entities 
affected by these rule changes. If the Commission were to apply the 
bond requirement to amateur and experimental space station licensees, 
then additional small entities would be affected by the rule changes.

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

    The FNPRM proposes to develop the record on the level of 
interference generated by out-of-band emissions from ESIM operations 
with NGSO space stations above 28.35 GHz that would be acceptable for 
UMFUS receivers operating immediately below 28.35 GHz, while at the 
same time not unduly constraining FSS operations above 28.35 GHz. This 
would protect all users in the various bands and reduce paperwork costs 
for such satellite operators by establishing a mutually acceptable 
sharing environment.

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 FNPRM seeks comment on whether setting a minimum elevation 
angle for ESIM operations with NGSO FSS space stations would be an 
effective way of achieving the desired balance between protecting UMFUS 
operations without over constraining FSS operations above 28.35 GHz. 
The FNPRM alternatively considers whether, when transmitting to a NGSO 
FSS space station, the Commission should limit the ESIM out-of-band 
e.i.r.p density towards the horizon or within a certain range of 
elevation angles. These changes may reduce the economic and other 
impacts for other service providers. However, the Commission invites 
comment on these options and any alternatives.

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

    None.

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2020-13784 Filed 7-23-20; 8:45 am]
BILLING CODE 6712-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.