27 June 2001
[Federal Register: June 27, 2001 (Volume 66, Number 124)]
[Proposed Rules]
[Page 34140]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn01-32]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[IB Docket 01-96; FCC 01-134]
Policies and Service Rules for the Non-Geostationary Satellite
Orbit,Fixed Satellite Service in the Ku-Band; Correction
AGENCY: Federal Communications Commission.
ACTION: Proposed rule; correction.
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SUMMARY: This documents corrects one sentence in the preamble to a
proposed rule published in the Federal Register of June 6, 2001 [below],
regarding Policies and Service Rules for the Non-Geostationary
Satellite Orbit, Fixed Satellite Service in the Ku-Band. This
correction includes the proper radio frequency bands cited in the
sentence.
FOR FURTHER INFORMATION CONTACT: J. Mark Young, 202-418-0762.
Correction
In proposed rule FR Doc. 01-14141, beginning on page 30361 in the
issue of June 6, 2001, make the following correction, in the
``Summary'' section. On page 30361 in the 3rd column, the first
sentence is corrected to read as follows: ``The Federal Communications
Commission (FCC) proposes to decide the means for sharing among
multiple satellite network licensees in spectrum recently designated
for the non-geostationary satellite orbit, fixed-satellite service
(NGSO FSS) in the 10.7-12.7 GHz, 12.75-13.25 GHz and 13.75-14.5 GHz
frequency bands (the Ku-band).''
Dated: June 21, 2001.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 01-16189 Filed 6-26-01; 8:45 am]
BILLING CODE 6712-01-P
[Federal Register: June 6, 2001 (Volume 66, Number 109)]
[Proposed Rules]
[Page 30361-30365]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jn01-31]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[IB Docket 01-96; FCC 01-134]
Policies and Service Rules for the Non-Geostationary Satellite
Orbit, Fixed Satellite Service in the Ku-Band
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: The Federal Communications Commission (FCC) proposes to decide
the means for sharing among multiple satellite network licensees in
spectrum recently designated for the non-geostationary satellite orbit,
fixed-satellite service (NGSO FSS) in the 17.7-20.2 GHz and 27.5-31.3
GHz frequency bands (the Ku-band). The FCC's Notice of Proposed
Rulemaking (NPRM) seeks comment on four possible sharing options, and
also seeks comment on proposed blanket earth station licensing for NGSO
FSS in the Ku-band, and seeks comment on proposed service rules. The
Commission's goals in opening this satellite service in the Ku-band are
to promote competition through opportunities for new entrants, to
expedite the authorization process, and to provide incentives for
prompt commencement of service to the public using state-of-the-art
technology.
DATES: Comments may be filed on or before July 6, 2001. Reply comments
may be filed on or before August 6, 2001. Comments on the proposed
information collections may be filed on or before August 6, 2001.
ADDRESSES: Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS) or by paper copies. See SUPPLEMENTARY
INFORMATION for filing instructions, formats and other information
regarding electronic filing; send paper copies to Federal
Communications Commission, 445 12th Street, SW., Washington, DC 20554.
Comments regarding the request for approval of the information
collection should be submitted to Judy Boley at 445 12th Street, SW.,
Rm. 1-C804, Washington, DC 20554 or via
[[Page 30362]]
internet at jboley@fcc.gov; phone 202-418-0214.
FOR FURTHER INFORMATION CONTACT: For more information regarding the
Notice of Proposed Rulemaking contact: J. Mark Young at (202) 418-0762,
internet: myoung@fcc.gov, International Bureau, Federal Communications
Commission, Washington, DC 20554. For more information regarding the
information collections and to submit comments, contact Judy Boley at
202-418-0214; 445 12th Street SW., Rm. 1-C804, Washington, DC 20554 or
via internet at jboley@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's NPRM
in IB Docket No. 01-96; FCC 00-134, adopted April 19, 2001 and released
on May 3, 2001. The complete text of this NPRM is available for
inspection and copying during normal business hours in the FCC
Reference Center (Room), 445 12th Street, SW., Washington, DC 20554,
and also may be purchased from the Commission's copy contractor,
International Transcription Service, Inc. (ITS, Inc.), 1231 20th
Street, NW., Washington, DC 20036, (202) 857-3800.
Summary of Notice of Proposed Rulemaking
The NPRM describes the technical criteria for the NGSO FSS, and the
radiofrequency spectrum allocated by the FCC late last year to the NGSO
FSS in ET Docket No. 98-206, 66 FR 10601 (February 16, 2001). The NPRM
proposes four spectrum sharing options. The first is ``flexible band
segmentation,'' which would divide the available spectrum into equal
blocks to be assigned to particular licensees. The second option is
``dynamic band segmentation,'' under which the available spectrum is
divided equally by the number of satellite systems transmitting and
receiving signals in their intended orbit. The third sharing option,
``avoidance of in-line interference events,'' allows all systems to
operate in the entire available spectrum, so long as they avoid
interfering with each others' systems, by means of calculating those
occasions when their satellites and earth stations are aligned so as to
create interference. Under the fourth sharing option, ``homogeneous
constellations,'' the FCC would adopt one or more unifying
constellation designs to accommodate all licensees. The NPRM also asks
commenters to suggest variations or alternatives to the four options
proposed.
In addition, the NPRM proposes to allow blanket licensing of NGSO
FSS earth stations, but only in specified frequency bands. The NPRM
also requires NGSO FSS applicants to demonstrate compliance with power
limitations adopted by the Commission when it allocated spectrum to the
NGSO FSS in December 2000.
Finally, the NPRM reviews and seeks comment on each proposed
service rule for the NGSO FSS in the Ku-band frequencies. The proposed
service rules include coverage area requirements, system license and
license terms, FCC regulatory classification as common carrier or non-
common carrier, system implementation milestones, regulatory reporting
requirements, international coordination, and a prohibition on the sale
of a bare license for a profit. The NPRM also proposes to require that
NGSO FSS applicants disclose their plans to mitigate orbital debris.
Initial Regulatory Flexibility Certification
The Regulatory Flexibility Act (RFA),\1\ requires that a regulatory
flexibility analysis be prepared for notice and comment rulemaking
proceedings unless the agency certifies that ``the rule will not, if
promulgated, have a significant economic impact on a substantial number
of small entities.'' \2\ The RFA generally defines ``small entity'' as
having the same meaning as the terms ``small business,'' ``small
organization,'' and ``small governmental jurisdiction.'' \3\ In
addition, the term ``small business'' has the same meaning as the term
``small business concern'' under the Small Business Act.\4\ A small
business concern is one which: (a) is independently owned and operated;
(b) is not dominant in its field of operation; and (c) satisfies any
additional criteria established by the Small Business Administration
(SBA).\5\
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\1\ The RFA, 5 U.S.C. 601 et seq., has been amended by the
Contract With America Advancement Act of 1996, Public Law No. 104-
121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).
\2\ 5 U.S.C 605(b).
\3\ Id. at Sec. 601(6).
\4\ Id. at Sec. 601(3) (incorporating by reference the
definition of ``small business concern'' in Small Business Act, 15
U.S.C. 632). Pursuant to 5 U.S.C. 601(3), the statutory definition
of a small business applies ``unless an agency, after consultation
with the Office of Advocacy of the Small Business Administration and
after opportunity for public comment, establishes one or more
definitions of such term which are appropriate to the activities of
the agency and publishes such definition(s) in the Federal
Register.''
\5\ Small Business Act, 15 U.S.C. 632.
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This Notice of Proposed Rulemaking (NPRM) seeks comment on various
proposals for creating a spectrum assignment approach that would
accommodate all proposed non-geostationary satellite orbit fixed
satellite service (NGSO FSS) systems and provide service to consumers
as quickly as possible. This NPRM also seeks comment on proposals for
service rules to apply to NGSO FSS systems.\6\ These actions are
necessary for the Commission to evaluate these proposals and seek
comment from the public on any other alternatives. The objective of
this proceeding is to assign the NGSO FSS spectrum in an efficient
manner and create rules to ensure systems implement their proposals in
a manner that serves the public interest. We believe that adoption of
the proposed rules will reduce regulatory burdens and, with minimal
disruption to existing FCC permittees and licensees, result in the
continued development of NGSO FSS and other satellite services to the
public. If commenters believe that the proposed rules discussed in the
NPRM require additional RFA analysis, they should include a discussion
of this in their comments.
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\6\ See paragraphs 50-69, supra.
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The Commission has not developed a definition of small entities
applicable to geostationary or non-geostationary satellite orbit fixed-
satellite or mobile satellite service operators. Therefore, the
applicable definition of small entity is the definition under the SBA
rules applicable to Communications Services ``Not Elsewhere
Classified.'' This definition provides that a small entity is one with
$11.0 million or less in annual receipts.\7\ This Census Bureau
category is very broad, and commercial satellite services constitute
only a subset of the total number of entities included in the category.
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\7\ 13 CFR 121.201, North American Industry Classification
System (NAICS) Code 51334.
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The rules proposed in this NPRM apply only to entities providing
NGSO FSS. Small businesses will not have the financial ability to
become NGSO FSS system operators because of the high implementation
costs associated with satellite systems and services. Since there is
limited spectrum and orbital resources available for assignment, we
estimate that only seven applicant entities, whose applications are
pending, will be authorized by the Commission to provide these
services.\8\ None of the seven applicants is a small business because
each has revenues in excess of $11 million annually or has parent
companies or investors that have revenues in excess of $11 million
annually.
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\8\ See paragraph 9, supra.
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We therefore certify that the rules proposed in this NPRM will not
apply to any small entities. The Commission's
[[Page 30363]]
Office of Public Affairs, Reference Operations Division, will send a
copy of this NPRM, including this certification, to the Chief Counsel
for Advocacy of the Small Business Administration. A copy will also be
published in the Federal Register.
Procedural Information
Ex Parte Presentation. This is a permit-but-disclose rulemaking
proceeding. Ex parte presentations are permitted, provided they are
disclosed as provided in Commission Rules. See generally 47 CFR 1.1202,
1.1203, and 1.1206(a).
Authority. This action is taken pursuant to sections 4(i), 7(a),
303(c), 303(f), 303(g), and 303(r) of the Communications Act of 1934,
as amended, 47 U.S.C. 154(i), 157(a), 303(c), 303(f), 303(g), and
303(r).
Comment. Pursuant to Sections 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments on or
before June 18, 2001, and reply comments on or before July 19, 2001.
Comments may be filed using the Commission's Electronic Comment Filing
System (ECFS) or by paper copies. See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (May 1, 1998).
Comments filed through the ECFS can be sent as an electronic file
via the Internet to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fcc.gov/e-file/ecfs.html>. Generally,
only one copy of an electronic submission must be filed. If multiple
docket or rulemaking numbers appear in the caption of this proceeding,
however, commenters must transmit one electronic copy of the comments
to each docket or rulemaking number referenced in the caption. In
completing the transmittal screen, commenters should include their full
name, Postal Service mailing address, and the applicable docket or
rulemaking number. Parties may also submit an electronic comment by
Internet e-mail. To get filing instructions for e-mail comments,
commenters should send an e-mail to ecfs@fcc.gov, and should include
the following words in the body of the message, ``get form your e-mail
address.'' A sample form and directions will be sent in reply.
Parties who choose to file by paper must file an original and four
copies of each filing. All filings must be sent to the Commission's
Secretary, Magalie Roman Salas, Office of the Secretary, Federal
Communications Commission, The Portals, 445 Twelfth Street, SW., Room
TW-A325, Washington, DC 20554.
Parties who choose to file by paper should also submit their
comments on diskette. These diskettes should be submitted to:
Commission's Secretary, Magalie Roman Salas, Office of the Secretary,
Federal Communications Commission, The Portals, 445 Twelfth Street,
SW., Room TW-A325, Washington, DC 20554. Such a submission should be on
a 3.5 inch diskette formatted in an IBM compatible format using
Microsoft Word for Windows or compatible software. The diskette should
be accompanied by a cover letter and should be submitted in ``read
only'' mode. The diskette should be clearly labeled with the
commenter's name, IB Docket No. 01-96, type of pleading (comment or
reply comment), date of submission, and the name of the electronic file
on the diskette. The label should also include the following phrase
``Disk Copy--Not an Original.'' Each diskette should contain only one
party's pleading, preferably in a single electronic file. In addition,
commenters must send diskette copies to the Commission's copy
contractor, International Transcription Service, Inc., 1231 20th
Street, NW., Washington, DC 20037.
Ordering Clauses
Pursuant to Sections 4(i), 7(a), 303(c), 303(f), 303(g), and 303(r)
of the Communications Act of 1934, as amended, 47 U.S.C. 154(i),
157(a), 303(c), 303(f), 303(g), and 303(r), this Notice of Proposed
Rulemaking is hereby adopted.
The Commission's Consumer Information Bureau, Reference Information
Center, SHALL SEND a copy of this Notice of Proposed Rulemaking,
including the Initial Regulatory Flexibility Analysis to the Chief
Counsel for Advocacy of the Small Business Administration.
Paperwork Reduction Act
The Federal Communications Commission, as part of its continuing
effort to reduce paperwork burden invites the general public and other
Federal agencies to take this opportunity to comment on the following
information collection, as required by the Paperwork Reduction Act of
1995, Public Law 104-13. An agency may not conduct or sponsor a
collection of information unless it displays a currently valid control
number. No person shall be subject to any penalty for failing to comply
with a collection of information subject to the Paperwork Reduction Act
(PRA) that does not display a valid control number. Comments are
requested concerning (a) whether the proposed collection of information
is necessary for the proper performance of the functions of the
Commission, including whether the information shall have practical
utility; (b) the accuracy of the Commission's burden estimate; (c) ways
to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on the respondents, including the use of automated
collection techniques or other forms of information technology.
OMB Approval Number: New (3060-XXXX).
Title: NGSO FSS Satellite Service.
Form No.: NA.
Type of Collection: New Collection.
Respondents: Business or other for-profit.
Number of Respondents: 107.
Estimated Time for Response: 3 hours.
Total Annual Burden: 321 hours.
Needs and Uses: The information will be used by the Federal
Communications Commission (FCC) and interested members of the public to
ensure compliance with the rules adopted for the NGSO FSS satellite
service. Specifically, the rules require space station applicants to
submit certifications of compliance with specific technical operating
requirements adopted for this service. The rules require space station
licensees to file annual reports indicating progress of system
implementation and identifying any system failures, delays or
difficulties. In addition, entities granted blanket earth station
licenses are required to report the number stations brought into use
each year. These rules will allow the Commission to grant licenses in
compliance with the technical rules of this service and to ensure
continued compliance by licensees. Without such information, the FCC
could not determine whether satellite licenses are operating in
conformance with its rules.
List of Subjects in 47 CFR Part 25
Satellites.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 25 as follows:
PART 25--SATELLITE COMMUNICATIONS
1. The authority citation for part 25 continues to read as follows:
Authority: 47 U.S.C. 701-744. Interprets or applies Section 4,
301, 302, 303, 307, 309 and 332 of the Communications Act, as
amended, 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332, unless
otherwise noted.
[[Page 30364]]
2. Section 25.115 is amended by adding a new paragraph (f) to read
as follows:
Sec. 25.115 Application for earth station authorizations.
* * * * *
(f) User transceivers in the non-geostationary satellite orbit
fixed-satellite service (NGSO FSS) service in the 11.7-12.2 GHz, 12.2-
12.7 GHz and 14.0-14.5 GHz bands need not be individually licensed.
Service vendors may file blanket applications for transceiver units
using FCC Form 312, Main Form and Schedule B, and shall specify the
number of terminals to be covered by the blanket license. Each
application for a blanket license under this section shall include the
information described in Sec. 25.146.
3. Section 25.146 is amended by adding paragraphs (g) through (p)
to read as follows:
Sec. 25.146 Licensing and operating authorization provisions for the
non-geostationary satellite orbit fixed-satellite service (NGSO FSS) in
the bands 10.7 GHz to 14.5 GHz.
* * * * *
(g) System license. Applicants authorized to construct and launch a
system of technically identical non-geostationary satellite orbit fixed
satellite service satellites will be awarded a single ``blanket''
license covering a specified number of space stations to operate in a
specified number of orbital planes.
(h) In addition to providing the information specified in
Sec. 25.114 above, each NGSO FSS applicant shall provide the following:
(1) A demonstration that the proposed system is capable of
providing fixed-satellite services on a continuous basis throughout the
fifty states, Puerto Rico and the U.S. Virgin Islands, U.S.; and
(2) A demonstration that the proposed system be capable of
providing fixed-satellite services to all locations as far north as 70
deg. latitude and as far south as 55 deg. latitude for at least 75% of
every 24-hour period; and
(3) 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 beam patterns, NGSO satellite antenna
patterns and NGSO earth station antenna patterns. In particular, each
NGSO FSS applicant must explain the switching protocols it uses to
avoid transmitting while passing through the geostationary satellite
orbit arc, or provide an explanation as to how the power-flux density
limits in Sec. 25.208 are met without using geostationary satellite
orbit arc avoidance. In addition, each NGSO FSS applicant must provide
the orbital parameters contained in Section A.3 of Annex 1 to
Resolution 46. Further, each NGSO FSS applicant must provide a
sufficient technical showing to demonstrate that the proposed non-
geostationary satellite orbit system meets the power-flux density
limits contained in Sec. 25.208, as applicable; and
(4) A description of the design and operational strategies that it
will use, if any, to mitigate orbital debris. Each applicant must
submit a casualty risk assessment if planned post-mission disposal
involves atmospheric re-entry of the spacecraft.
(i) Considerations involving transfer or assignment applications.
(1) ``Trafficking'' in bare licenses issued pursuant to paragraph (g)
of this section is prohibited.
(2) The Commission will review a proposed transaction to determine
if the circumstances indicate trafficking in licenses whenever
applications (except those involving pro forma assignment or transfer
of control) for consent to assignment of a license, or for transfer of
control of a licensee, involve facilities licensed pursuant to
paragraph (g) of this section. At its discretion, the Commission may
require the submission of an affirmative, factual showing (supported by
affidavits of a person or persons with personal knowledge thereof) to
demonstrate that no trafficking has occurred.
(j) Prohibition of certain agreements. No license shall be granted
to any applicant for a NGSO system in the fixed-satellite service
operating in the 10.7-12.7 GHz, 12.75-13.25 GHz and 13.75-14.5 GHz
frequency bands if that applicant, or any persons or companies
controlling or controlled by the applicant, shall acquire or enjoy any
right, for the purpose of handling traffic to or from the United
States, its territories or possession, to construct or operate space
segment or earth stations, or to interchange traffic, which is denied
to any other United States company by reason of any concession,
contract, understanding, or working arrangement to which the Licensee
or any persons or companies controlling or controlled by the Licensee
are parties.
(k) Implementation milestone schedule. Each NGSO FSS licensee in
the 10.7-12.7 GHz, 12.75-13.25 GHz and 13.75-14.5 GHz frequency bands
will be required to enter into a non-contingent satellite manufacturing
contract for the system within one year of authorization, to complete
critical design review within two years of authorization, to begin
physical construction of all satellites in the system within two and a
half years of authorization, to complete construction and launch of the
first two satellites within three and a half years of grant, and to
launch and operate its entire authorized system within six years of
authorization.
(l) Reporting requirements. All NGSO FSS licensees in the 10.7-12.7
GHz, 12.75-13.25 GHz and 13.75-14.5 GHz frequency bands shall, on June
30 of each year, file a report with the International Bureau and the
Commission's Laurel, Maryland field office containing the following
information:
(1) Status of space station construction and anticipated launch
date, including any major problems or delay encountered;
(2) Identification of any space station(s) not available for
service or otherwise not performing to specifications, the cause(s) of
these difficulties, and the date any space station was taken out of
service or the malfunction identified.
(m) Financial requirements. Each NGSO FSS applicant must
demonstrate, on the basis of the documentation contained in its
application, that it is financially qualified to meet the estimated
costs of the construction and launch of all proposed space stations in
its system and the estimated operating expenses for one year after the
launch of the initial system. Financial qualifications must be
demonstrated in the form specified in Sec. 25.140(c) and (d). In
addition, applicants relying on current assets or operating income must
submit evidence that those assets are separate and apart from any
funding necessary to construct or operate any other licensed satellite
system. Failure to make such a showing will result in the dismissal of
the application.
(n) Replacement of space stations within the system license term.
Licensees of NGSO FSS systems in the 10.7-12.7 GHz, 12.75-13.25 GHz and
13.75-14.5 GHz frequency bands authorized through a blanket license
pursuant to paragraph (g) of this section need not file separate
applications to launch and operate technically identical replacement
satellites within the term of the system authorization. However, the
licensee shall certify to the Commission, at least thirty days prior to
launch of such replacement(s) that:
(1) The licensee intends to launch a space station into the
previously-authorized orbit that is technically identical to those
authorized in its system authorization and
(2) Launch of this space station will not cause the licensee to
exceed the
[[Page 30365]]
total number of operating space stations authorized by the Commission.
(o) In-orbit spares. Licensees need not file separate applications
to operate technically identical in-orbit spares authorized as part of
the blanket license pursuant to paragraph (g) of this section. However,
the licensee shall certify to the Commission, within 10 days of
bringing the in-orbit spare into operation, that operation of this
space station did not cause the licensee to exceed the total number of
operating space stations authorized by the Commission.
(p) Earth station reporting. Licensees shall submit to the
Commission a yearly report indicating the number of earth stations
actually brought into service under its blanket licensing authority.
The annual report is due to the Commission no later than the first day
of April of each year and shall indicate the deployment figures for the
preceding calendar year.
[FR Doc. 01-14141 Filed 6-5-01; 8:45 am]
BILLING CODE 6712-01-P