**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+-------------------------------------+---+-----------------------------+
| In the Matter of                    | * | IB Docket No. 00-248        |
|                                     | * |                             |
| 2000 Biennial Regulatory Review \-- | ) |                             |
|                                     | * |                             |
| Streamlining and Other Revisions of | * |                             |
| Part 25 of the Commission\'s Rules  |   |                             |
| Governing the Licensing of, and     | * |                             |
| Spectrum Usage by, Satellite        | * |                             |
| Network Earth Stations and Space    | ) |                             |
| Stations                            | * |                             |
|                                     | * |                             |
|                                     |   |                             |
|                                     | * |                             |
|                                     | * |                             |
|                                     | ) |                             |
|                                     | * |                             |
|                                     | * |                             |
|                                     |   |                             |
|                                     | * |                             |
|                                     | * |                             |
|                                     | ) |                             |
|                                     | * |                             |
|                                     | * |                             |
|                                     |   |                             |
|                                     | * |                             |
|                                     | * |                             |
|                                     | ) |                             |
|                                     | * |                             |
|                                     | * |                             |
|                                     |   |                             |
|                                     | * |                             |
|                                     | * |                             |
|                                     | ) |                             |
|                                     | * |                             |
|                                     | * |                             |
|                                     |   |                             |
|                                     | * |                             |
|                                     | * |                             |
|                                     | ) |                             |
|                                     | * |                             |
|                                     | * |                             |
+-------------------------------------+---+-----------------------------+

**NOTICE OF PROPOSED RULEMAKING**

> **Adopted: December 11, 2000 Released: December 14, 2000**

Comment Date: 75 Days After Publication in the Federal Register

Reply Comment Date: 105 Days After Publication in the Federal Register

By the Commission:

**TABLE OF CONTENTS**

**[Paragraph]{.underline}**

**I. Introduction 1**

**II. Background 2**

**III. Streamlining Non-Routine Earth Station Licensing Processes 7**

**A. Routine and Non-Routine Earth Stations 7**

**B. Non-Routine Antenna Gain Patterns 8**

**1. Introduction 8**

> **2. Antenna Gain Patterns 9**
>
> **a. Power Reductions 15**
>
> **b. Affidavits 20**
>
> **3. Submission of Antenna Gain Patterns 25**
>
> **4. Other Non-Routine Antenna Gain Pattern Issues 27**
>
> **a. Station Keeping 27**
>
> **b. Interleaved Satellites 28**

**C. Non-Routine Power Levels 30**

**D. Satellite Coordination Negotiations to Reflect Non-Routine**

> **Antennas and Power Levels 34**

**E. Public Notice Language 37**

**IV. Relaxation of Current Requirements 39**

**A. Relaxation of Earth Station Power and Power Density Limits 39**

**B. Temporary Fixed Earth Stations 42**

**C. License Term 44**

**D. Construction Completion Requirement for**

> **Satellite Mobile Earth Stations 46**

**E. Revision of Part 23 48**

**V. VSAT Licensing Issues 50**

**A. Background 50**

> **B. Establishment of Power Limits for VSAT Networks**
>
> **Using Random Access Techniques 51**

**C. Multiple Hub Stations 58**

**D. Temporary Fixed VSAT Stations 60**

**E. Non-US Licensed Satellites and International VSAT Networks 63**

**F. VSAT Licenses for Organizations with Multiple Members 65**

**VI. Streamlining of Filing Requirements 67**

**A. Streamlined Earth Station Filing Form 67**

**B. Renaming Form 701 and Form 405 71**

**C. Form 312, Schedule S, Space Station Technical Data Form 72**

**D. Electronic Filing 76**

> **1. Mandatory Electronic Filing For Routine**
>
> **Earth Station License Applications 76**
>
> **2. Electronically Filed Petitions to Deny and Comments 77**

**VII. Miscellaneous 78**

**A. Earth Station License Modification Requirements 78**

**B. Radiation Hazards from Co-located Antennas 82**

**C. Construction Authorization 84**

**D. Satellite Control Responsibilities to Resolve Harmful Interference
85**

**E. Extension of Power Limits to Other FSS Bands 86**

**F. Elimination of Outdated Rules 87**

**G. General Part 25 Modifications 90**

**VIII. Conclusion 91**

**IX. Procedural Matters 92**

**X. Ordering Clauses 101**

**Appendix A: Antenna Patterns**

**Appendix B: Proposed Rules**

**Appendix C: Form 312, Schedule S, and Space Station Technical Data**

**Appendix D: Proposed Revisions to Form 312**

**Appendix E: Technical Analysis for Proposed VSAT Multiple Access
Rules**

**Appendix F: Brief Summary of Current Power Limits**

**Appendix G: Initial Regulatory Flexibility Act Analysis**

**I. INTRODUCTION**

1 In this Notice of Proposed Rulemaking (*Notice*), we continue to
fulfill our statutory mandate under Section 11 of the Communications Act
of 1934, as amended (Act), to streamline our rules, where
appropriate.[^1] In particular, we advance proposals that will reduce
the burdens on earth station operators seeking routine authorizations
and streamline the process for non-routine earth station applications.
We make these proposals in an effort to establish a record that will
enable us to adopt rules that will encourage innovation, significantly
reduce the filing burdens on applicants and licensees, expedite the
process of issuing licenses, accelerate the provision of service to the
public, and promote service in rural and unserved areas.

**II. BACKGROUND**

2 Section 11 requires that the Commission, in every even-numbered year
beginning in 1998, review all regulations that apply to the operations
and activities of any provider of telecommunications service and
determine whether any of these regulations are no longer necessary in
the public interest as the result of meaningful economic competition
between providers of the service.[^2] Section 11 further instructs the
Commission to "repeal or modify any regulation it determines to be no
longer necessary in the public interest."[^3] Accordingly, the
Commission has initiated a comprehensive review of telecommunications
and other regulations to promote meaningful deregulation and
streamlining where competition and other considerations warrant such
action.[^4]

3 The Communications Act prohibits earth station operators from
operating without a license.[^5] The licensing of earth stations is not
only statutorily required, satellite networks and global communications
depend on the existence of licenses to establish an interference-free
operating environment. Earth stations provide a critical link between
satellites and terrestrial networks. Over the years, we have taken
action to streamline our satellite and earth station licensing rules and
procedures when warranted,[^6] and increasingly, we have looked for ways
that satellite operations can share spectrum with terrestrial-based
operations. In addition, the International Bureau (Bureau) issued a
public notice in 1999 initiating a new licensing process for certain
types of earth station applications and inviting comment on a number of
additional streamlining proposals.[^7] As part of the 2000 biennial
regulatory review, we are reviewing Part 25. We have found several cases
in which we believe that modifying or eliminating rules will facilitate
more streamlined licensing of earth stations.

4 We expect that, if adopted, these rule changes should expedite the
provision of useful satellite services to the public, including, for
example, Internet services and extending satellite services to rural
areas, without unreasonably increasing the risk of harmful interference
to existing operators. Companies are increasingly using satellite
systems to deliver Internet traffic from international points to gateway
earth stations and from the public Internet along the \"last mile\" to
earth station antennas at customers\' homes. In addition, over the past
year, the Commission received over 2400 earth station applications, and
the number of applications has been increasing in recent years.
Therefore, we expect our streamlining efforts to become more important
in the future as the number of earth station applications increases
further.

5 With regard to terrestrial wireless operations, none of the proposals
herein affect the pre‑licensing coordination requirements between earth
station applicants and terrestrial operators that exist today. As a
result, we do not expect any of the proposals to affect terrestrial
wireless operations in frequency bands that are shared with FSS
operations. Currently, Section 25.203(b) requires earth station
operators in shared bands to show that they have coordinated with
terrestrial wireless operations in their license applications.[^8] These
coordination procedures are important, in part because some terrestrial
operators in shared bands are police dispatchers and other public safety
officials.[^9] Accordingly, we do not propose any revisions to these
coordination requirements and procedures in this Notice. Instead, we
concentrate on proposals to streamline the procedures applicable *after*
coordination with terrestrial wireless operations has been completed.
Furthermore, we do not anticipate that any of the proposals in this
Notice, if adopted, would affect the contours of any FSS earth station
operating in shared bands, and so would not affect the coordination with
terrestrial wireless operators required by to Section 25.203(b). We
invite comments from any terrestrial wireless operator who believes its
operations might be affected in some way by any of the proposals in this
Notice.

6 In Section III of this Notice, we propose rule revisions to streamline
the review of license applications filed by earth station applicants
planning to use \"non-routine\" antennas or power levels. We propose
relaxing or eliminating several requirements in Section IV, including
the current power and power density limits, extending earth station
license terms, and allowing certain temporary fixed earth stations to
begin operation on an accelerated basis. Section V proposes streamlining
a number of very small aperture terminal (VSAT) rules, and extending
certain VSAT provisions to other types of earth stations. Section V also
proposes revising the power level rules applicable to VSAT networks, in
response to issues raised in the Spacenet Inc. (Spacenet) petition and
associated pleadings. In Section VI of this Notice, we propose adopting
a new earth station license application form, to be used when seeking
routine authorizations, which we expect to be much easier to complete
than the current form.[^10] We also propose other revisions to license
application forms, and propose expanding our electronic filing systems
for earth station applications and comments. Finally, Sections VII
proposes simplifying and clarifying other miscellaneous rules applicable
to earth stations and space stations.

**III. STREAMLINING NON-ROUTINE EARTH STATION**

**LICENSING PROCESSES**

**A. Routine and Non-Routine Earth Stations**

7 The Commission licensed the first commercial C-band antennas in
1973,[^11] and the first Ku-band antennas in 1981.[^12] As the satellite
industry developed, the Commission, in 1983, instituted its 2° orbital
spacing policy to maximize the number of satellites in-orbit.[^13] Under
the 2° spacing framework, the Commission assigns adjacent in-orbit
satellites to orbit locations 2° apart in longitude. This framework also
established technical rules to govern earth stations communicating with
these satellites to ensure that their operations do not cause
unacceptable interference to adjacent satellite systems. These standards
involve both the powers at which the earth stations transmit and the
size of the earth station antenna. The size of the earth station antenna
is important since, in general, smaller antennas produce wider
transmission beams, which, in turn, create more potential interference
to adjacent satellite operations. As a result, we \"routinely\" license
earth station facilities that meet these 2° spacing technical standards,
now codified in Part 25 of our rules.[^14] It is possible, however, for
an earth station to operate without causing unacceptable interference in
a 2° space station spacing environment without meeting all of the
technical standards of Part 25, provided the operations are properly
coordinated with all affected parties. Accordingly, we do not dismiss or
deny these \"non-routine\" earth station applications without conducting
a case-by-case review. In this section, we seek comment on specific
cases where it may be possible to streamline our review of non-routine
earth station applications.

**B. Non-Routine Antenna Gain Patterns**

**1. Introduction**

8 Currently, an earth station applicant seeking authority to use an
antenna with a non-routine antenna gain pattern often must use a
burdensome process[^15] to demonstrate that its antenna will not cause
unacceptable interference to adjacent satellite systems. We propose
replacing this process with one we expect to be simpler and less
burdensome. Specifically, we propose requiring applicants to either (1)
reduce their power levels to those that would be produced if the maximum
allowable power level were transmitted by an antenna that complies with
the 2° spacing standards of the Commission\'s rules, or (2) obtain
affidavits from satellite operators demonstrating that the satellite
operators are aware of the proposed non-routine earth station operations
and have reflected those non-routine operations in agreements with other
satellite operators. Earth station applicants would be required to
reduce their power levels if they sought an ALSAT earth station license.
They would need affidavits from satellite operators to obtain protection
from receiving interference from other satellite systems. These points
are explained in more detail below.

**2. Antenna Gain Patterns**

9 The gain of an antenna is the ratio of the power required at the input
of a loss-free reference antenna to the power supplied to the input of
the given antenna to produce, in a given direction, the same field
strength or the same power flux-density at the same distance. When not
specified otherwise, the gain refers to the direction of maximum
radiation.[^16] In other words, gain refers to an antenna\'s ability to
collect, concentrate, and direct energy in a particular fashion, *i.e.*,
a beam. Antennas are generally shaped like parabolas, or like large,
curved bowls. The \"axis,\" or boresight, is the line running through
the center of the bowl and perpendicular to the plane of the edge of the
bowl. The \"off-axis\" angle is the angle formed by the axis and another
line running through the center of the bowl or the \"boresight.\" The
energy transmitted from an antenna forms \"ripples,\" alternately
increasing and decreasing in magnitude as the off-axis angle increases.
Examples of these ripples can be seen in the antenna gain pattern
diagrams in Appendix A. These ripples are called \"side lobes.\"

10 The \"gain\" of any earth station antenna must fall within the limits
defined by the equations set forth in Section 25.209(a) and (b). In
other words, the \"main lobes\" and \"side lobes\" of an antenna must be
less than the limits specified in the equations in Section 25.209.
Allowing an antenna to operate with side lobes outside the Section
25.209 envelope, without making some other adjustment such as reducing
power levels, creates a potential for unacceptable interference to
adjacent satellite systems and, in some cases, to fixed services,
*i.e.*, in low elevation angles.[^17] Several antenna gain patterns are
illustrated in Appendix A with the Section 25.209 envelopes superimposed
on them.

11 In 1983, we recognized that beginning the Section 25.209(a)(1) side
lobe envelope at 1º off-axis from the boresight places a limit on the
minimum size of earth station antenna that can meet this standard.[^18]
As the diameter of an antenna decreases, the main lobe eventually will
no longer be within the 1º off-axis envelope. Consequently, the smallest
diameter antenna routinely licensed at C-band is 4.5 meters, while at
Ku-band the smallest antenna routinely licensed is 1.2 meters in
diameter.[^19]

12 There are strong economic and other incentives to use the smallest
possible aperture earth station antenna. Smaller antennas are less
expensive to manufacture, and it is easier to find suitable locations to
install smaller antennas. In addition, with the improvement of
transmitter and receiver technology on board satellites, satellite
communications systems have been able to maintain service performance
while decreasing the aperture of the earth station antennas used to
deliver satellite services to end users. For these two reasons, we are
receiving numerous applications to use earth station antennas that do
not meet the antenna gain pattern envelope. For example, we recently
adopted a Notice of Proposed Rulemaking to address certain issues raised
by an application filed by Onsat Network Communications, Inc.
(Onsat).[^20] Onsat proposed operating C-band earth station antennas
that are 3.7 meters in diameter, less than the diameter specified in the
Commission\'s rules.[^21]

13 An applicant seeking a license to use an earth station antenna that
is non-conforming with Section 25.209(a)(1) must now rely upon \"a
finding by the Commission that unacceptable levels of interference will
not be caused under conditions of uniform 2º orbital spacing."[^22]
Presently, the Commission does not make such findings without the
provision of earth station antenna gain patterns and a technical study
demonstrating compatibility with uniform 2° orbital spacing. This
technical study usually takes the form of an analysis using the Adjacent
Satellite Interference Analysis (ASIA) program as described in Section
25.134(b).[^23] The ASIA requirement is often difficult and time
consuming to perform, for two reasons.[^24] First, the ASIA is
burdensome because the data needed for the analysis are not readily
available from any one source, and the results of an ASIA can be subject
to interpretation. Second, the ASIA results for the non-routine
antenna\'s operations must be coordinated with adjacent satellite
operators.[^25] The ASIA requirement often delays the introduction of
new services and technological innovation to the public.[^26]

14 ASIA is not the only method available, however, to ensure the
compatibility of these non-compliant antennas with 2° orbital spacing.
There are at least two alternatives that are not specifically recognized
by our rules: (1) requiring the earth station operator to reduce its
power enough to avoid potential adjacent satellite interference; and (2)
requiring the earth station operator to submit affidavits from space
station operators showing that they have coordinated the earth
station\'s proposed non-routine operations with all other affected
satellite systems, and that they will continue to reflect those
non-routine operations in future coordination discussions. We believe
that applicants seeking authority to operate non-routine antennas should
be given the option of either or both approaches. Deciding not to pursue
either option, however, may require other conditions to be placed on the
license. We propose both options below.

**a. Power Reduction**

15 A reduction in the transmitted earth station power is a tool
available to ensure an acceptable interference environment for adjacent
satellite operations. In other words, a power reduction can reduce the
side lobe energy to levels that fall within the levels that would be
produced if the maximum allowable power level were transmitted by an
antenna that complies with the antenna gain pattern envelope in Section
25.209(a) and (b). Accordingly, we propose creating a new Section 25.220
to effectively implement an equivalent isotropically radiated power
(EIRP)[^27] density vs. off-axis angle criterion beginning at 1°
off-axis. In this way, the off-axis EIRP density would be maintained
equivalent to that provided by routine earth stations at 2° and beyond.
Although the Commission staff will continue to process these earth
station applications to use antennas less than 4.5 meters for the C-band
or 1.2 meters for the Ku-band on a case-by-case basis, our proposed rule
would enable the staff to process those applications more rapidly.

16 While a power reduction by itself should be sufficient to prevent the
non-routine earth station from causing interference to other satellite
systems, it would not affect the potential for receiving interference
from other satellite systems. Therefore, we tentatively conclude that
non-routine earth station applicants taking advantage of this procedure
should not be granted protection from interference from other satellite
systems, unless they also obtain the affidavits discussed below. Because
the power reduction should be sufficient to prevent unacceptable
interference to 2° compliant satellite systems, we tentatively conclude
that non-routine earth station applicants taking advantage of this
procedure should be eligible for ALSAT earth station licenses for
transmit-only operations, and transmit/receive operations where the
earth station operator does not request any receive protection from
adjacent satellite interference.[^28]

17 We believe that this proposed rule will benefit earth station
applicants by reducing the uncertainty associated with licensing
non-compliant earth station antennas having side lobe levels those of
routinely licensed earth stations. Both the Commission staff and the
earth station applicant benefit by clearly stating the power
restrictions imposed and the exhibits required in the FCC Form 312
application. Fewer incomplete earth station applications should be filed
with the Commission, and we should have fewer returned or delayed
applications. By clarifying Commission requirements, we hope to speed
the review of these applications, and ultimately result in more rapid
service to the public. In addition, the elimination of the burdens
associated with the ASIA requirement in the alternative for this
category of non-routine earth station applications will benefit earth
station applicants, space station operators, and Commission staff.

18 Some parties may criticize this approach, believing that it might not
allow some earth stations to operate at adequate power levels. We tend
to disagree. While we are not proposing an explicit lower limit upon the
size of earth station antennas, earth station applicants seeking
authority to use a non-compliant antenna will have to reduce the earth
station transmit power and power density to the extent necessary to
compensate, decibel for decibel, for any shortfall in the antenna
performance relative to the antenna standards of Section 25.209. We
recognize that this power reduction inherently restricts the capacity of
extremely small antennas. We believe this power level reduction method
for extremely small antennas will likely be practical only for
narrowband, relatively low data rate, digital services, and possibly
systems employing spread spectrum techniques. These small antennas and
low power levels, however, might be very practical for
satellite-delivered Internet services.[^29]

19 We seek comment on our Section 25.220 proposals, particularly from
satellite operators involved in adjacent satellite coordination, earth
station operators proposing to access satellites with non-routine earth
station antenna parameters, and frequency coordinators for those bands
where earth stations and terrestrial wireless systems share spectrum. We
note that we have not proposed streamlined procedures for all
non-routine earth station antennas, but believe that our streamlining
proposals will facilitate the examination of the majority of non-routine
applications. We invite commenters to address these proposals and/or to
propose methods for streamlining our processes for specific non-routine
earth station antenna applications. In particular, we invite terrestrial
wireless operators to comment, to the extent that they believe that
these proposals to streamline the processing of earth station license
applications in the Fixed-Satellite Service might affect their
coordination and operations.

**b. Affidavits**

20 While an earth station operator with a non-routine antenna gain
pattern can avoid causing interference to other satellite systems by
reducing the earth station\'s power below routine levels, we do not
propose limiting earth station operators to this approach. We believe
that the earth station operator should be permitted to operate at higher
than routine power levels if other satellite systems can and are willing
to accommodate those higher power levels and the operations are properly
coordinated with terrestrial systems in shared frequency bands.

21 We believe we can establish a streamlined process for licensing earth
stations with antennas that do not conform to the off-axis requirements
of Section 25.209(a)(1), and eliminate the burdens associated with the
ASIA requirement, while still ensuring that communications with those
antennas are coordinated with other operating satellites. In order to
accomplish that goal, we propose a second procedure in Section
25.220.[^30] In summary, earth station applicants will be able to
expedite Commission staff review of their application by submitting
information on the antennas they propose to use, and an affidavit from
the operator of each satellite with which it plans to communicate
stating, among other things, that the satellite operator has coordinated
the proposed earth station operations with affected satellite systems,
and that the satellite operator will take the earth station into account
when negotiating future coordination agreements. We would not limit this
requirement to the satellite systems immediately neighboring the
satellite with which the earth station applicant plans to communicate.
Depending on the antenna gain pattern and uplink and downlink power
levels, coordination could be required with operators of satellites as
far as six degrees away.[^31] We believe that establishing a bright line
rule would facilitate this affidavit process, and we believe that, in
most cases, satellites located more than six degrees away will not be
affected by non-routine earth station antennas. Therefore, we propose
requiring a satellite operator completing an affidavit to coordinate
with the operator of all other satellites located within six degrees of
its satellite. The satellite operator would be permitted but not
required to coordinate with the operators of satellites more than six
degrees away before the earth station application is filed. This
approach would enable earth station operators to begin operations and
enter the market sooner than they would under our current procedure.
This approach is also consistent with the approach we took with the
Onsat application and other FSS applications.

22 We recognize that a non-routine antenna could affect a satellite more
than six degrees away in some cases. For example, if the earth station
operator\'s antenna gain pattern exceeds the envelop at eight degrees
off-axis, or the satellite downlink power is significantly high, then it
could affect a satellite located eight degrees away in the
geosynchronous orbit or earth stations accessing that satellite. In such
a case, if the operator of the satellite communicating with the earth
station had not coordinated with the operator of the satellite eight
degrees away, the operator of the satellite eight degrees away would
have an opportunity to raise its concerns, pursuant to the procedure we
propose in Section III.D. below.

23 Once the earth station applicant demonstrates that current and future
adjacent satellite system operators will take the non-routine operations
into account when negotiating coordination agreements, we will rely on
this to conclude that the earth station will neither cause unacceptable
interference to nor receive unacceptable interference from adjacent
satellite systems. Accordingly, we propose extending protection from
receiving interference to these earth stations while they operate over
the particular satellites that have coordinated such operations. We do
not propose issuing ALSAT earth station licenses to applicants taking
advantage of the process we propose here. This is because affidavits
from adjacent satellite operators in a particular segment of the
geosynchronous arc by themselves do not support a conclusion that the
non-routine earth station will not cause interference to or receive
interference from satellite systems in other segments of the arc. This
proposed process should expedite the case-by-case examination of earth
station applications proposing to use antennas smaller than 4.5 meters
for C-band and 1.2 meters for Ku-band. We invite comment on this
tentative conclusion. We also invite comment on whether and to what
extent these proposals might affect terrestrial wireless operations.

24 Alternatively, if an earth station applicant with a non-routine
antenna is willing to reduce its power levels and obtains affidavits
from adjacent satellite systems, we would consider granting it an ALSAT
earth station license for transmit operations with conditions protecting
it from receiving interference from adjacent satellite systems only
where affidavits show receive protection is coordinated and agreed to.
We also invite comment on this proposal from all interested parties.

**3. Submission of Antenna Gain Patterns**

25 We currently require applicants seeking authority to use non-routine
antennas to certify that certain specific radiation pattern tests have
been performed, including co- and cross-polarization, at the bottom,
middle, and top of each allocated frequency band, in both the vertical
and horizontal planes, plus and minus nine degrees.[^32] We often must
request copies of the antenna gain patterns for these test plots from
the earth station applicant for non-conforming antennas in order for
Commission staff to assess the potential for adjacent satellite
interference.[^33] These requests can be time-consuming, and so result
in the delay of service to the public. Therefore, we propose requiring
that earth station applicants submit a copy of these antenna gain
patterns when they seek authority to use a non-routine antenna.

26 By directing the applicant to obtain these test plots from the
manufacturer and submit them with its application, the Commission
removes itself from the role of inefficient \"middleman.\" In addition,
because the earth station operator has an established relationship with
its antenna manufacturer, this requirement should pose minimal
additional burdens on earth station applicants. Furthermore, the
satellite operators will require this information to understand the
impact that the non-conforming antenna operations will have on adjacent
satellite systems. Therefore, we expect this antenna gain pattern
submission requirement to accelerate licensing of nonconforming
antennas, thereby accelerating the provision of services to the public.
In addition, we believe that this proposed filing requirement, together
with the power reduction and affidavit proposals discussed above, will
be less burdensome for earth station applicants than the current ASIA
requirement. We invite comment on this proposal from all potentially
affected parties, and we also invite other proposals to streamline this
process.

**4. Other Non-Routine Antenna Gain Pattern Issues**

**a. Station Keeping**

27 We note that, as an antenna gets smaller, its mainbeam gets wider. As
a result, there may be more occurrences of interference to or from
adjacent geostationary satellite systems if those satellites drift away
from their assigned orbital location. We do not anticipate that
interference resulting from drifting satellites will be a serious
concern in most cases, because Section 25.210(j)(1) establishes
station-keeping requirements for satellites that preclude all but very
minor drifting.[^34] The Commission has authority to relax its
station-keeping requirements in particular cases, however,[^35] and some
non-U.S.-licensed satellites may not have the same station-keeping
capabilities as U.S.-licensed satellites. Therefore, we solicit comment
on whether an increase in the number of authorized earth stations with
antennas that do not conform to the off-axis requirements of Section
25.209(a)(1) would unreasonably increase the likelihood of unacceptable
interference given the station keeping tolerances of current satellite
systems.

**b. Interleaved Satellites**

28 In 1983, we determined that earth station antennas that comply with
the Section 25.209(a)(1) antenna gain pattern envelope at and beyond 2º
off-axis from boresight could successfully operate within a uniform 2°
spacing environment.[^36] In other words, an earth station with a
routine antenna gain pattern envelope at and beyond 2º off-axis
communicating with a particular satellite will not cause unacceptable
interference to adjacent satellites located at or beyond 2° away from
the particular satellite, provided that both satellite systems comply
with all the Commission\'s routine 2° spacing standards. As a result,
there is no need for any other protection from mutual interference, such
as, for example, requiring adjacent satellite systems to maintain
geographic spatial isolation between the two networks (*i.e.*,
precluding the satellites from operating with overlapping
footprints).[^37]

29 Several U.S.-licensed satellites are closer than 2° away from their
adjacent satellite systems, however.[^38] Satellites licensed by other
countries, in particular South American countries, have often been
interleaved at 1° between U.S. satellites that are spaced 2º apart. This
situation has given rise to an adjacent satellite spacing of
approximately 1º between a U.S. satellite serving North America and a
foreign-licensed satellite serving South America.[^39] These satellite
systems do not currently cause interference into each other, however,
because the footprints of the U.S. and South American satellites do not
overlap (*i.e.*, the satellites are not co-coverage).[^40] However, if
there is an increase in the number of earth stations with antennas that
fail to meet our antenna gain pattern envelope less than 2º off-axis,
the fact that the footprints of these satellites do not overlap may no
longer be sufficient to prevent interference. This is illustrated by our
discussion and antenna gain patterns in Appendix A.

30 The 3.7-meter antenna proposed by Onsat exceeds the Commission\'s
antenna gain pattern envelope between 1º and 2º off-axis.[^41] Our
proposed affidavit process would allow other earth station operators to
exceed the Commission\'s antenna gain pattern envelope between 1º and 2º
off-axis. This would affect primarily operators of satellites that have
been interleaved with satellites with non-overlapping footprints located
between 1° and 2° away. Accordingly, we seek comment particularly from
satellite network operators with existing coordination agreements on
whether earth station antennas that do not comply with Section
25.209(a)(1) at 1º to 2º off-axis would adversely impact existing
coordination agreements if the Commission adopts these proposed
processing rules for non-routine antennas.

**C. Non-Routine Power Levels**

31 In addition to establishing requirements for antenna gain patterns,
the Commission\'s 2° spacing rules establish power limits for different
kinds of earth stations operating in the FSS.[^42] As we explained
above, earth station applicants are not prohibited from seeking
authority to operate at higher power levels, but the Commission reviews
those applications on a case-by-case basis rather than processing them
routinely. Section 25.134 requires earth station applicants seeking a
VSAT license to submit an ASIA if they plan to operate at non-routine
power levels.[^43] Other power level rules do not explicitly set forth
any procedure for demonstrating that a higher power level will not cause
interference in a particular case. As a result, applicants requesting
authority to operate at power levels higher than those specified in
those rules often submit an ASIA. This analysis, as explained earlier,
is very burdensome for earth station applicants because it requires a
substantial amount of time to complete.

32 Accordingly, we seek comment on replacing the ASIA requirement for
non-routine power levels with a self-certification process. Under this
process, an earth station applicant would provide, as exhibits to its
application, affidavits of its own and the operator of each satellite
with which the non-routine earth station power and power density levels
will be implemented. The earth station operator would be authorized to
use the non-routine power and power density levels only over those
satellites for which affidavits are provided (*i.e.*, we would not issue
ALSAT earth station licenses[^44] pursuant to this process). These
affidavits shall include:

-   A statement from the satellite operator acknowledging the proposed
    operation of the subject non-routine earth station with its
    satellite;

-   A statement from the satellite operator that the operation of the
    non-routine earth station accessing its satellite(s) is consistent
    with any existing coordination agreement for its satellite(s);

-   A statement from the satellite operator that the satellite operator
    will include the non-conforming earth station power and power
    densities in all future satellite network coordination for the
    specific satellite at the desired orbital location;

-   A statement from the earth station applicant certifying that the
    earth station operations will comply with all coordination
    agreements reached by the satellite operator(s), or the earth
    station operator will reduce its power to routine levels.

33 Our proposal will reduce regulatory and administrative burdens on the
Commission and earth station applicants and create a more efficient
application process. It will however, require greater cooperation
between earth station and space station operators, and among space
station operators. We invite comment on our proposal. We also invite
comment on the effects this proposal might have, if any, on terrestrial
wireless operations.

**D. Satellite Coordination Negotiations to Reflect Non-Routine Antennas
and Power Levels**

34 Satellite operators must maintain a cooperative working relationship
with each other to help resolve coordination issues that come up from
time to time. Therefore, we expect that, in most cases, satellite
operators will be able to coordinate with operators of other affected
satellites to accommodate an earth station\'s non-conforming operations
fairly easily, and we do not expect this affidavit process to be very
burdensome for earth station operators or space station operators. To
facilitate this coordination process further, however, we propose
establishing a procedure to expedite the affidavit process.
Specifically, we propose describing the non-conforming earth station
operations in enough detail in public notices so that all satellite
operators can determine for themselves immediately whether they are
potentially affected by the proposed non-conforming earth station
operations. In addition, we propose establishing a time schedule to
ensure that the satellite operators address these coordination issues in
a timely fashion. We explain this procedure in more detail below.

35 First, we propose retaining two elements of our current procedure. We
propose continuing to place non-routine applications on Public Notice
with frequency bands, antenna diameters, power and power density
information describing each antenna, and the satellite or satellites
intended to be used. The public will also continue to have 30 days to
comment, and to notify the Commission of any potential interference from
the proposed earth station or, in the case of VSAT applications, network
of stations. In addition to those current requirements, our new proposed
procedure would establish a deadline of 60 days from the date comments
are due for satellite operators to notify the Commission staff that they
have resolved all outstanding coordination issues that may be identified
in the 30-day comment period. As noted above, coordination issues could
be raised with respect to any potentially affected satellite, even if
the satellite it is located more than six degrees away, depending on the
antenna gain pattern and power level. After the 60-day deadline, the
Commission will act upon the earth station to communicate at its
requested higher power levels with all satellites for which it has
submitted affidavits, and for which there are no unresolved objections
to the application.[^45]

36 We seek comment on this approach, particularly from satellite
operators and any other operators, including terrestrial operators. We
believe that this approach will support our goals to have satellite
services delivered to consumers more quickly by decreasing delays in
processing earth station applications. Specifically, the Commission will
not need to delay action on a license application merely because the
space station operator has not completed coordination agreements with
all potentially affected adjacent satellite system operators.

**E. Public Notice Language**

37 If the benefits of streamlined processing are to be fully realized
\-- getting satellite communications services to the public faster \--
we must place earth station applications on the required 30-day public
notice as quickly as possible. To facilitate that process, we invite
comment on whether we should require applicants to submit the language
that will appear in the public notice with their applications.

38 We believe that this requirement to provide specific language for the
public notice will strike a reasonable balance between minimizing the
small increase in filing burden for applicants with other interested
parties\' need to make an adequately informed decision regarding whether
to file a petition to deny an application. Specifically, we propose to
require applicants to provide the following minimum set of information
for the public notice.

-   A detailed description of the service to be provided, including
    frequency bands and satellites to be used.

-   The diameter of the antenna.

-   Proposed power and power density levels.

-   Identification of any random access technique, such as the Aloha
    multiple access technique, if applicable, listed in our proposed
    revisions to Section 25.134(a) of the Commission\'s rules.[^46]

-   Identification of any rule or rules for which a waiver is requested.

Since our proposals will require greater attention to public notices by
satellite operators and fixed wireless operators in order to assess the
impact of non-conforming operations, we specifically seek guidance from
commenters on the most relevant and minimum amount of information we
should require in our public notices.

**IV. RELAXATION OF CURRENT REQUIREMENTS**

**A. Relaxation of Earth Station Power and Power Density Limits**

39 We seek comment on increasing the power level limits contained in
Sections 25.134, 25.211, and 25.212.[^47] Since the 1980s, the
Commission has dramatically decreased its earth station antenna diameter
requirements to reflect technical advances. They were initially 9 meters
and later reduced to 4.5 meters for operations in the C-band.[^48] In
the Ku-band, antennas had to be 5 meters in diameter, but were later
reduced to 1.2 meters.[^49] The power spectral density requirements from
the earth station, however, have remained unchanged. The current power
limits and the Orders in which we adopted those limits are summarized in
Appendix F.

40 Today's technology allows smaller diameter antennas to meet the side
lobe requirements of our antenna performance rules in Section 25.209,
which previously required the larger antennas. Decreasing antenna size
decreases mainbeam antenna gain. Therefore, more input power into the
antenna may be required to achieve the same output EIRP to complete the
satellite communication link. Accordingly, we invite interested parties
to propose higher power limits in Part 25 to reflect technological
advances and smaller antenna requirements. Commenters should provide an
analysis to demonstrate that the proposed levels are adequate to protect
existing and future users from receiving and causing harmful
interference to or from adjacent satellite networks, especially as
smaller and smaller diameter antennas are being deployed. In addition,
commenters should show that their recommended power levels would be
consistent with radiofrequency emission exposure limits in Part 1,
Subpart I of the Commission\'s rules. Accordingly, we solicit comment on
this proposal from all potentially affected parties, including
terrestrial wireless operators.

41 We also seek comment on the terms "narrowband" and "wideband."
Currently, we use these terms in our rules to categorize applications
such as analog voice and digital video. In particular, Section 25.212
establishes power limits for narrowband transmissions in the
Fixed-Satellite Service. We invite comment on whether the use of these
terms is still appropriate and, if so, whether or how these terms should
be defined or clarified.

**B. Temporary Fixed Earth Stations**

42 We invite comment on establishing a procedure to enable operators of
temporary fixed earth stations in the Ku-band to begin operation
immediately upon placement of the application on public notice. We
propose that this procedure to be limited to applications filed
electronically. We further propose to limit this procedure to
\"routine\" temporary fixed earth stations operating in the conventional
Ku-band. Finally, we expect to limit the points of communication for
temporary fixed earth stations to U.S.-licensed satellites and
non-U.S.-licensed satellites on the "Permitted List.\" Parties are
invited to comment on this proposal. Section 309(b)(2) of the
Communications Act lists several types of licenses for which the
Commission must allow at least 30 days for comment.[^50] The narrow
class of temporary fixed earth station is not included on this list.
Therefore, we tentatively conclude that we have legal authority to adopt
this proposal, provided that there is adequate support for it in the
record developed in this proceeding. We seek comment on this tentative
conclusion.

43 Parties supporting this approach may also propose applying this
procedure or similar procedures to other types of earth stations. If we
were to extend this procedure to temporary fixed earth stations in
shared bands, however, we would retain the existing coordination
requirements for those bands. Currently, operators of temporary fixed
earth stations in the C-band, for example, must coordinate any
operations prior to initiating service.[^51] Furthermore, applicants
that have completed coordination prior to submitting applications are
permitted to include the coordination reports in their applications.
Accordingly, we do not contemplate revising the coordination
requirements at this time for this frequency band for temporary fixed
earth stations. Rather, we invite comment only on expediting the process
for temporary fixed earth stations in shared bands.

**C. License Term**

44 Section 25.121 currently states that earth station license terms may
be at most 10 years.[^52] We invite comment on revising Section 25.121
to permit longer license terms for earth station licenses. We propose
extending the license term for all earth stations to 15 years. In the *2
GHz Report and Order*, we observed that the Telecommunications Act of
1996 granted the Commission authority to establish longer license terms
for particular classes of satellites, and established 15-year terms for
earth stations operating in the 2 GHz band.[^53] Accordingly, we seek
comment on establishing a 15-year term for all earth station licenses.

45 We also solicit comment on extending the term for receive-only earth
station registrations from 10 years to 15 years. We note, however, that
most receive-only earth stations are residential users. It is not clear
how many registrants currently use their earth stations for the full
ten-year term. Allowing unused receive-only earth stations to remain
registered for an additional five years may make it more difficult to
for other spectrum users to coordinate their operations, particularly in
bands that are shared with terrestrial operations. Therefore, we solicit
comment, particularly from terrestrial wireless operators, on whether to
extend the terms of receive-only earth station registrations, either in
all frequency bands or in bands that are shared with terrestrial
operations.

**D. Construction Completion Requirement for Satellite Mobile Earth
Stations**

46 Currently, Section 25.133(a) of the Commission\'s rules requires each
earth station licensee to complete construction of its earth station
within one year of the date the license is granted.[^54] In cases where
we have authorized multiple satellite mobile earth station terminals
(METs), it is not clear that any policy goal is served by requiring the
licensee to construct all the METs authorized within a year of the grant
of the license, provided that a reasonable number of METs have been
constructed and the licensee has started to offer service within a
year.[^55] Accordingly, we propose revising Section 25.133(a) to require
MET licensees only to bring their networks of earth stations into
operation within a year. We also propose revising Section 25.133(b) to
require MET licensees to certify that they have brought their networks
of earth stations into operation within a year of receiving their
licenses. If a MET licensee has not brought all the earth stations
permitted by its license into operation at the time of renewal, we would
renew its license only for those earth stations that have been brought
into operation. We currently have a similar requirement for VSAT
networks.[^56] We seek comment on this approach.

47 Interested parties are also invited to discuss whether there is any
need to review the number of terminals brought into operation at various
points in the license term. For example, should MET licensees be
required to file periodic reports stating the number of terminals in
use? Should MET licensees be required to bring a certain percentage of
their authorized terminals into use within a certain time after they
receive their licenses? If so, what percentage would be reasonable, and
what time period would be appropriate?

**E. Part 23**

48 We also request that interested parties propose revision or
elimination of any provision in Part 23, governing International Fixed
Public Radiocommunication Services (IFPRS). These services are defined
simply as a publicly available fixed service between the United States
and foreign points.[^57] The Commission has not adopted any extensive
revisions to its Part 23 rules since 1973.[^58] In addition, there are
currently only three IFPRS licensees.[^59] Because of the few licensees
that remain subject to Part 23 rules, and the time that has passed since
we have reviewed these rules, it seems likely that some of these
requirements can be streamlined or eliminated.

49 We have not developed specific proposals for revising Part 23 as we
have Part 25. We see no reason at this time to limit attention to any
particular provisions in Part 23. Rather, we invite interested parties
to examine Part 23 in its entirety, without any restrictions on their
examinations. We will consider proposals to revise or eliminate any Part
23 requirement, provided that the commenter explains why those rules are
no longer necessary in the public interest.

**V. VSAT LICENSING ISSUES**

**A. Background**

50 The Commission\'s rules permit parties to obtain a license for a
large number of technically identical small aperture antenna earth
stations. These networks are referred to as very small aperture antenna
terminal (VSAT) networks. VSAT networks are currently permitted only in
the Ku‑band, and are comprised of a hub station transmitting to
transponders on a satellite and then down to multiple technically
identical remote small aperture antennas. [^60]

**B. Establishment of Power Limits for VSAT Networks Using Random Access
Techniques**

51 VSAT networks employ different techniques to prevent or limit the
transmissions to and from the multiple remote earth stations from
interfering with each other, and to prevent them from interfering with
other adjacent satellite networks. The original VSAT systems used a
Single Channel Per Carrier (SCPC) channelization approach, in which each
remote earth station was assigned its own block of spectrum.
Subsequently, VSAT system operators developed techniques that enabled
some remote earth stations to share frequency bands. One sharing
technique is known as time division multiple access (TDMA). Using this
technique, each remote earth station is assigned a different time to
transmit and receive information. Another technique is, frequency
division multiple access (FDMA). The FDMA technique assigns different
frequency bands to different remote earth stations. A third approach,
code division multiple access (CDMA), prevents interference between
remote earth stations by assigning a different digital code to different
earth stations. We discuss each of these methods in more detail in
Appendix E to this Notice.

52 On April 5, 2000, Spacenet, Inc. (Spacenet) filed a petition for
declaratory ruling or rulemaking, requesting a ruling that random access
schemes such as its Aloha access technique, explained further below, in
which \"collisions\" of transmissions from two or more earth stations
are statistically infrequent, do not violate Section 25.134\'s
prohibition merely because the power levels produced by such
\"collisions\" exceed the power levels specified for tens of
milliseconds.[^61]

53 As an alternative to a declaratory ruling, Spacenet sought the
initiation of a rulemaking to amend Section 25.134 to state that
Aloha-type multiple access systems are permissible as long as the
probability of one or more collisions is less than an amount specified
by a statistical equation.[^62] In summary, the probability of a
transmission collision can be derived from the traffic load or average
transmissions per time period, and the utilization or throughput per
time period.[^63] Therefore, a VSAT operator can limit the number of
transmission collisions by adjusting the average transmissions per time
period, and the information throughput per time period.

54 We decide not to solicit comment on the statistical equation that
Spacenet recommended for our rules. Although Spacenet claims that its
proposed equation could be applied to a variety of multiple access
techniques to limit transmission collisions,[^64] we believe that a more
general and simplified approach will better facilitate the licensing of
earth stations that use these techniques. In response to Spacenet\'s
petition, Hughes Network Systems (Hughes) suggested an alternative rule
revision. Hughes asserted that it would be better to develop a rule
requiring that the total average power radiated toward the target
satellite by all the remote earth stations in the network, using an
averaging period of one second, is less than that of a single remote
earth station transmitting continuously.[^65] We also decide not to seek
further comment on Hughes\'s revision, because it would not adequately
address cases where the bandwidth used for an earth station causing
interference is wider than the bandwidth used by an earth station
impacted by the interference.[^66] In response to Spacenet\'s petition
for declaratory ruling, ALOHA Networks, Inc. claimed that Spacenet erred
by basing its calculations on a \"Poisson\" probability function rather
than a binomial probability function. The Bureau did not reach this
issue in its Order.[^67] Because we do not base our proposed rule
revision directly on Spacenet\'s probability calculations, we need not
determine at this time whether a Poisson or binomial distribution is
preferable for the Aloha technique. For reasons explained in Appendix E,
however, we find that use of the Poisson distribution is reasonable.

55 Instead of seeking comment on Spacenet\'s or Hughes\'s proposals, we
invite comment on a slightly different proposal. We propose revising
Sections 25.134(a) and 25.212(d) to include the following language:
\"The maximum transmitter power spectral density of a digital modulated
carrier into any GSO FSS earth station antenna shall not exceed -14.0 -
10log(N) dB(W/4 kHz).\" Section 25.134(a) would also specify different
values of \"N\" for systems using FDMA, TDMA, CDMA, or Aloha multiple
access techniques. This proposal is substantially similar to the rules
we adopted for blanket licensing in the Ka-band in the *18 GHz
Order*.[^68] We explain how we derived this equation, and our proposals
for the \"N\" values for each multiple access technique, in Appendix E.

56 We observe that our proposal would require Aloha earth stations to
reduce the power spectral density emitted by as much as 3 dB from the
existing limits specified in Section 25.134(a).[^69] We tentatively find
that this reduction in power would minimize the interference to adjacent
satellite networks to an acceptable level during the collision period of
a typical Aloha operation and, at the same time, would provide a
technically viable service. In the conservative case of protecting
adjacent satellite networks from unacceptable interference beyond the
present limits, the reduction in the power spectral density level should
be at least 5 to 6 dB to accommodate the low probability that more than
two earth stations\' transmissions will collide. (Five to six dB
represents a collision of 3 to 4 simultaneous transmissions in a typical
Aloha network.)[^70] A 5 to 6 dB reduction in earth station power
density, however, may not be practicable to provide a viable service for
users situated in high rain regions such as the lower East Coast and the
Gulf States. In high rain regions, a reduction of 5 to 6 dB in a VSAT
satellite link budget could reduce the availability of the service to an
unacceptable level, in particular for Internet service.

57 We further observe that, until recently, we permitted VSAT networks
only in the Ku-band. We are considering expanding our VSAT rules to the
C-band in the *FWCC/Onsat NPRM*. Here, we tentatively conclude that we
should extend the multiple access rules to C-band VSAT networks, called
CSAT networks in the *FWCC/Onsat NPRM*, in the event that we adopt such
rules in this instant proceeding. We further invite comment from all
interested parties on whether the proposed rules would need any revision
to become applicable to CSAT systems, and if so, the type of revisions
that would be appropriate.[^71] Finally, we invite comment on revising
the Ka-band blanket license rules to incorporate requirements for the
Aloha access technique.

**C. Multiple Hub Stations**

58 The Commission's staff has received a number of informal inquiries
concerning the installation and operation of more than one hub station
under a single VSAT network blanket license. One use of a second hub
station could be as a backup to the primary hub station. In this
configuration, the secondary hub station would only be used
intermittently. In a second configuration, used to provide Internet
service, multiple hub stations would be used for the distribution of
network traffic to various traffic switching and control centers. In
this configuration, numerous hub stations would be located in several
cities throughout the United States and would all be in simultaneous
operation. The total network traffic load to and from the VSAT remote
units would be balanced across all of these hub stations.

59 Given all these beneficial uses for multiple-hub VSAT networks, we
have always considered applications for licenses for such networks.
Accordingly, we propose revising Section 25.134 to permit multiple hub
stations under a single VSAT network license. Given our experience with
multiple hub station systems, we believe that it is appropriate to
expand the scope of our licensing provisions. We seek comment on this
proposal.

**D. Temporary Fixed VSAT Stations**

60 Some confusion exists concerning whether temporary fixed earth
stations can be licensed under a VSAT network blanket license. We
tentatively conclude that there is no technical reason to prohibit such
licensing of temporary fixed facilities either as a hub or as a remote
unit in the conventional Ku-band, which is not shared with terrestrial
services. Accordingly, we invite comment on revising Section 25.277 to
clarify the conditions under which we should consider licensing a
temporary fixed VSAT network.

61 First, we tentatively conclude that we should grant temporary-fixed
VSAT applications only in the conventional Ku-band at this time. The
conventional Ku-band does not raise the same potentially complex
coordination issues as operations in the C-band. In addition, we do not
yet allow VSATs of any kind in the C-band. We have proposed, however,
licensing C-band VSAT networks in the *FWCC/Onsat NPRM*.[^72] Second, we
propose requiring applicants to specify in their applications that they
are seeking authority to use a temporary fixed earth station as part of
a VSAT network.[^73] Finally, we invite comment on extending the
requirements for VSAT hubs currently in our rules, such as the Section
25.134 hub EIRP limit of 78.3 dBW,[^74] to temporary fixed VSAT hubs.

62 We also invite comment on our decision not to adopt rules for
temporary fixed VSAT earth stations in the C-band at this time. Parties
advocating rules for such VSAT stations should propose specific rule
revisions, and should explain exactly how operators can be expected not
to cause harmful interference to services sharing the frequency bands.
Should there be a specific procedure to follow similar to the one
suggested in the *FWCC/Onsat NPRM*?[^75]

**E. Non-US Licensed Satellites and International VSAT Networks**

63 Section 25.115(c) limits the service provided by the Ku‑band VSAT
network communicating with U.S.‑licensed or non‑U.S.-licensed satellites
to domestic service.[^76] Subsequently, in the *DISCO I Order*, we
adopted a policy to permit all U.S.‑licensed fixed satellite systems to
offer both domestic and international services.[^77] In the *DISCO II
Order*, we further amended our policy to allow non U.S.‑licensed
satellites to provide domestic and international services in the United
States.[^78]

64 We, therefore, propose revising Section 25.115(c) to allow applicants
to apply for a license for Ku‑band VSAT networks for both domestic and
international services to access both U.S.-licensed and
non-U.S.-licensed satellites. This would make the Ku-band VSAT rules
consistent with the policy established in *DISCO I* and *DISCO II*. We
also propose applying the power limitation and licensing procedure for
VSAT networks set forth in Section 25.134 to VSAT network applications
for international service to and from the United States. Finally, we
propose issuing licenses only for those VSAT facilities located in the
United States.[^79] VSAT network facilities in other nations would be
required to comply with the licensing requirements, if any, of the
nations where they are located. We invite comment on these proposals.

**F. VSAT Licenses for Organizations with Multiple Members**

65 We seek comment on the feasibility of providing VSAT-style blanket
licensing of other earth station networks. For example, would it be
feasible to license systems such as the Alaska Bush[^80] network, or the
National Public Radio (NPR)[^81] network under a blanket license? Both
of these networks operate in the C-band with each earth station being
individually licensed. Both of these networks were also licensed long
before the advent of our VSAT licensing policies. If similar networks
were installed today, they could be licensed under a single blanket
license, either as a VSAT or CSAT[^82] network. In bands shared with
terrestrial services such as the conventional C-band, we could implement
the notification procedure proposed in the *FWCC/Onsat NPRM*.[^83] We
also note that we recently adopted blanket-licensing rules for the
Ka-band.[^84]

66 From a technical standpoint, we do not see any difficulties with this
approach. It appears that such networks could be operated exactly the
same as other VSAT networks in operation today or proposed in the
*FWCC/Onsat NPRM*. From a regulatory or legal standpoint, however, this
approach would be feasible only if we could place responsibility for
complying with Commission rules on the umbrella organization holding the
blanket license rather than individual members of the organization. With
respect to these legal issues, we note that we have recently adopted
similar rules for Guard Band Managers, who were licensed to lease
spectrum in the 700 MHz band to terrestrial wireless operators.[^85] We
seek general comment, therefore, on the feasibility of this approach
from all potentially affected parties.

**VI. EARTH STATION FILING FORMS**

###### A. Streamlined Earth Station Filing Form

67 Before 1996, the Commission used several different forms, designed
for several different kinds of earth station and space station
authorizations. In the *1996 Streamlining Order*, the Commission
replaced most of those forms with a single form, known as Form 312.[^86]

68 We propose adopting a new, streamlined version of our Form 312,
attached as Appendix D to this Notice, that would enable applicants to
complete routine earth station applications[^87] more easily than the
current Form 312. We would retain the current Form 312 for non-routine
earth station applications and all space station applications. Recently,
the International Bureau (Bureau) released a public notice announcing
the adoption of an \"auto-grant\" procedure for certain routine C-band
and Ku-band earth station applications.[^88] In that public notice, the
Bureau explained that, based on its experience with C-band and Ku-band
operations over the past 20 years, earth stations operating in those
bands will not cause harmful interference to other authorized
terrestrial and satellite systems if those earth stations meet certain
criteria. The criteria include: (i) operating only in the C-band and
Ku-band, (ii) operating within the power limits specified in the
Commission\'s rules, and (iii) using antennas that comply with Section
25.209 of the Commission\'s rules.[^89] Pursuant to the \"auto-grant\"
policy, earth station applications meeting these criteria are granted
automatically after the comment period, assuming that no oppositions
have been filed.[^90]

69 If the applicant could answer \"yes\" to all the questions on the
first two pages of the proposed new Form 312, it would be eligible for
the auto-grant process. All of the earth station technical information
needed for the auto-grant process is requested on the third and fourth
page of the form. The proposed new Form 312 is only four pages long.
This new form is much shorter than the current ten-page form, including
Schedules A and B. The streamlined Form 312 should substantially reduce
the amount of time required for applicants to complete and should
expedite the process of determining whether an application qualifies for
the auto-grant process. We envision the new form to be an optional,
easier form available for the convenience of routine earth station
license applicants. The current Form 312 would still be available for
non-routine earth station license applications. We invite comment on
whether we should continue to accept the current FCC Form 312 for
routine earth station applications, or whether the current Form 312
should be phased out for routine earth station applications after a
particular date.

70 We invite comment on whether we should adopt a streamlined Form 312
for routine earth stations eligible for the auto-grant process. We
propose to implement this short form application process for routine
earth stations operating in the conventional C- and Ku-band frequencies
in an effort to further streamline our auto-grant processes.[^91] We
also invite comment on the particular form proposed in Appendix D. We
seek comment on whether there are any questions that we can eliminate or
add on the first two pages. We also seek comment on whether there are
any technical information requirements we should add or remove on page
two of the new Form 312. We note that if we do not collect the technical
information in the current Form 312, it may require commercial frequency
coordinators to collect more information as part of private
coordinations. We tentatively conclude that having private coordinators
collect more information will make coordination easier and more
efficient by enabling private coordinators to collect the information
directly from the applicants, eliminating the intermediate step of
filing that information with the Commission. We seek comment on this
tentative conclusion. We further invite commenters to estimate the
reduction in burden that will result if we adopt a streamlined Form 312.
Finally, we invite comment on allowing applicants to request licenses to
use bands other than the conventional C- and Ku-band frequencies, such
as the Ka-band.[^92]

**B. Renaming Form 701 and Form 405**

71 Currently, the Commission accepts several forms that relate to
satellite network authorizations. These include FCC Form 701
(Application for Additional Time to Construct), FCC Form 405
(Application for Renewal of Radio Station License in Specified Services)
and FCC Form 312 (Authorization of New Stations). We propose renaming
these forms to make clear that they relate to satellite authorizations.
Specifically, we propose to rename FCC Form 701 as Form 312-M, to
signify milestone extension requests, and to rename FCC Form 405 as Form
312-R, to signify renewal requests. We do not propose eliminating Forms
405 and 701 because they are not used exclusively for earth station
applications. Rather, we propose creating forms identical to Forms 405
and 701 except for their names. We believe that this proposal will
reduce current regulatory and administrative burdens by clarifying the
form needed for different earth station requests.

**C. Form 312, Schedule S, Space Station Technical Data Form**

72 FCC Form 312 is the filing form used for filing both space and earth
station applications. With earth station applications, both
administrative and technical data that is then entered into the IBFS
computerized licensing database. The information in IBFS provides
Commission staff and the public with substantial query and reporting
capability. Queries and reports can be generated based on parameters
such as earth station location, antenna size, and power level, to name a
few. We do not presently have the same capability with respect to space
station applications.

73 Space station applications are often voluminous collections of text,
tables, and graphics related to legal, financial, and technical aspects
of the satellite system. Only the Main Form of Form 312 is used with
respect to space station applications to capture a limited amount of
administrative data for our licensing database. The Main Form is used
for earth station applications, but, in addition, Form 312, Schedule B,
is used to collect technical data for earth station applications.
Substantially complete FCC Form 312 applications are an important factor
in the ability to file earth station applications in electronic form. We
do not currently have a schedule for space station applications,
however, that enables the Commission to collect any technical data from
space station applicants in a uniform format that would facilitate
developing a database like we have for earth station applications.

74 With the rapid growth of the satellite industry, we are now receiving
approximately 125 to 175 space station applications each year.[^93]
Without computerized tracking of proposed and licensed space station
technical parameters, we cannot quickly respond to basic queries
concerning the spectrum usage and coverage of particular U.S.-licensed
satellites.

75 Accordingly, we propose to adopt a new space station technical data
form for Form 312, Schedule S. Schedule S is comparable to the earth
station Schedule B, but requests much of the information required in
space station applications by Section 25.114. Schedule S organizes many
of the existing data requirements into a standard format that can be
captured in our licensing database. It will also assist in the process
toward complete electronic filing for the satellite industry. Space
station applicants would continue to provide the remaining information
required by Section 25.114 in narrative form because it seems easier for
space station applicants to allow flexibility in provision of that
information. Our proposed Schedule S appears as Appendix C to this
*Notice*. We invite comment on our proposed Schedule S. In particular,
we seek comment on whether any of the information in Schedule S should
continue to be provided in narrative form, or whether any other
information requirements in Section 25.114 should be included in
Schedule S. Finally, in the event we adopt Schedule S in some form, we
propose revising Section 25.114 accordingly.[^94]

**D. Electronic Filing**

**1. Mandatory Electronic Filing for Routine Earth Station License
Applications**

76 We propose accepting only electronically filed applications for
routine C-band, and routine Ku-band applications (*i.e.*, those
applications that are processed by the C-band and Ku-band auto-grant
process) after June 1, 2002. If these applications were filed
electronically, their processing could become totally automated,
eliminating delays associated with manual processing. We also propose to
require electronic filing of applications for assignments and transfers.
Such applications would be requested by the registrant via an Internet
request form and automatically printed. Our experience has shown that
electronically filed applications are processed in about half the time
of paper applications. This approach will be less burdensome on
Commission staff and result in services to consumers being delivered
more quickly.

**2. Electronically Filed Petitions to Deny or Comments**

77 In any automated licensing system, we must have timely notification
of any objections or concerns with a particular application.
Consequently, we propose to create an Internet filing form that would be
used to accept electronically filed petitions to deny or comments. The
petitioner or commenter would supply identifying information such as the
file number, complete the descriptive information about the petition,
and any attachments (in an appropriate graphical format) to the
electronic copy of the petition. The International Bureau Filing System
(IBFS) database would then be automatically updated with this
information. We seek comment from the industry on this proposal as well
as other areas where the Commission could automate its satellite earth
station licensing process.

**VII. MISCELLANEOUS**

**A. Earth Station License Modification Requirements**

78 In the *1996 Streamlining Order*, the Commission adopted Section
25.118, permitting earth station operators to make certain \"minor\"
modifications to their licenses without prior Commission
authorization.[^95] An applicant is required only to notify the
Commission within 30 days of a minor modification of operations.[^96] In
some cases, applicants have expressed confusion regarding whether their
planned modification is a major or minor modification, particularly with
respect to Sections 25.117(b) and 25.118(c)(5). Section 25.117(b) states
that the addition of a new antenna, identical in all ways to an existing
antenna, is a minor modification, not requiring prior authorization from
the Commission. On the other hand, Section 25.118(c)(5) says that the
addition of a new antenna is not a minor modification, but does not
state explicitly that identical equipment is excluded from this
provision.[^97]

79 Accordingly, we propose revising Sections 25.117 and 25.118 to
clarify the distinction between major and minor modifications.
Specifically, our proposed Section 25.118(a) lists the types of
modifications permitted without prior authorization, but that require
the earth station operator to notify the Commission within 30 days.
Section 25.118(b) lists the types of modifications permitted without
notification or prior authorization from the Commission, including
modifications currently incorporated in Section 25.117.[^98] Our
proposed Section 25.117 would define \"major modifications\" as all
modifications not specifically identified in Section 25.118.

80 We do not intend the reorganization of Sections 25.117 and 25.118 to
reclassify any modifications, or to change the requirements for major
and minor modifications.[^99] We will, however, consider substantive
revisions. First, the current Section 25.117(a)(1) states that a license
modification is not required if a U.S.-licensed fixed satellite seeks to
access another U.S.-licensed fixed satellite if the parties have
completed consultations pursuant to Article XIV(d) of the INTELSAT
Agreement. INTELSAT is in the process of transforming from an
intergovernmental organization to a private company. The INTELSAT
Agreement currently in force will be amended when the privatization
process is complete, and many Articles, including Article XIV(d), will
be deleted. In addition, the ORBIT Act requires INTELSAT to conduct
technical coordination \"under International Telecommunication Union
procedures and not under Article XIV(d) of the INTELSAT
Agreement.\"[^100] Accordingly, we invite comment on eliminating the
reference to Article XIV(d) of the INTELSAT Agreement.

81 In addition, we propose eliminating Section 25.117(a)(2). The
Commission adopted that rule in 1991 to streamline review of
\"transborder\" service, between the United States and Canada or
Mexico.[^101] Our transborder policy has been subsumed by our *DISCO I
Order*, which permits all U.S.‑licensed fixed satellite systems to offer
both domestic and international services.[^102] Therefore, it appears
that Section 25.117(a)(2) is no longer necessary, and we propose
eliminating it.

**B. Radiation Hazards from Co-located Antennas**

82 We invite comment on revising Section 25.117 to make clear to earth
station operators that they must comply with the Commission\'s
radiofrequency (RF) radiation limits. The National Environmental Policy
Act of 1969 (NEPA) requires agencies of the Federal Government to
evaluate the effects of their actions on the quality of the human
environment.[^103] To satisfy in part its responsibilities under NEPA,
the Commission has adopted Maximum Permissible Exposure (MPE) limits RF
radiation emitted by Commission-regulated transmitters and
facilities.[^104] Currently, Section 1.1307(b)(3)(i) requires applicants
proposing additional transmitters, facilities, or modifications to
submit an environmental assessment if the resulting emissions causes the
power density in a geographic area to exceed five percent of the RF
exposure limits specified in the Commission\'s rules.[^105]

83 Part 25 explicitly directs earth station applicants\' attention to
the RF emission rules when applying for an earth station license[^106]
and when seeking authority to amend a pending license application.[^107]
The RF requirements applicable to earth station operators seeking a
license modification, however, are left implicit. To remove any possible
confusion surrounding RF requirements regarding modifications, we
propose amending Section 25.117 to cross-reference the RF rules
explicitly, including, but not limited to, modifications to add
transmitters at a particular site.

**C. Construction Authorization**

84 In 1996, the Commission eliminated the requirement that space station
operators and earth station operators obtain authorization prior to
beginning construction of their stations.[^108] The rule revisions
adopted in 1996 to implement this decision are potentially confusing.
Section 25.113(a) states that construction authorization is required in
all cases except those listed in Section 25.113(b). Then, Section
25.113(b) lists all possible cases, thereby mooting Section 25.113(a).
We propose simplifying Section 25.113 to state explicitly that prior
authorization for construction is not required. We do not anticipate
that this revision will have any substantive change, but rather will
merely clarify current requirements.

**D. Satellite Control Responsibilities to Resolve Harmful
Interference**

85 Section 25.274 sets forth procedures for resolving harmful
interference. In cases where an earth station receives interference, and
determines that the source is not a terrestrial operator or another
earth station communicating with the satellite system with which it is
communicating, Section 25.274(c) directs the earth station operator to
contact the control center of the satellite system.[^109] Section
25.274(g) states that \"a representative of the earth station suffering
undue interference\" has the responsibility to contact the control
center for satellite system suspected of causing the interference.[^110]
If Section 25.274(g) is not read in conjunction with Section 25.274(c),
it may appear that earth station operators suffering interference must
contact the control center for satellite system suspected of causing the
interference directly.[^111] Such a requirement would be burdensome.
While satellite operators have little incentive to cooperate with earth
station operators using competing satellite systems, satellite operators
have more incentive to cooperate with each other. This is because
satellite operators must maintain a good working relationship with each
other to resolve coordination issues that come up from time to time.
Accordingly, we seek comment on revising Section 25.274(g) to clarify
that earth station operators are permitted to contact the control
centers for the satellite systems with which they communicate in cases
of harmful interference, and to rely on the satellite system operators
to contact the control centers of the potentially interfering satellite
systems and resolve the interference.

**E. Extension of Power Limits to Other FSS Bands**

86 Currently, Sections 25.211 and 25.212 establish power limits for the
conventional C-band and Ku-band.[^112] Other FSS bands are not
explicitly included or excluded from the scope of these rules.[^113] Our
staff often incorporates the power limits in Sections 25.211 and 25.212
into the earth station authorizations it grants for use of those other
FSS bands. The lack of explicit power limits, however, often creates a
procedural hurdle that impedes the processing of applications for
authority in those other bands. To streamline the processing of earth
station applications to use these other FSS frequency bands, we propose
amending Sections 25.211 and 25.212 to state explicitly that the
Commission may apply the power limits in those sections to the extent
that power limits have not been established elsewhere in Part 25. We
invite comment on this proposal from all potentially affected parties.

**F. Elimination of Outdated Rules**

87 Part 25 includes a number of satellite service rules that have become
obsolete. We seek comment on the following tentative conclusions. First,
we tentatively conclude that we should revise Section 25.144(a) as shown
in Appendix B. Section 25.144 includes the licensing provisions for the
2.3 GHz satellite digital audio radio service (DARS). When the
Commission adopted rules for the DARS license auctions, it listed the
four applicants eligible to participate in the auction in Section
25.144(a).[^114] Now that the auction has been completed, we tentatively
conclude that it is no longer necessary to memorialize the auction
participants in our rules.

88 Second, we tentatively conclude that we can eliminate Section 25.141
of our rules, governing applications for licenses to provide
radio-determination satellite service (RDSS). RDSS systems are designed
to determine the location of radio transmitters for the purpose of
tracking cargo or other items. Shortly after the Commission adopted RDSS
rules in 1986,[^115] parties began to develop Mobile-Satellite Service
(MSS) systems capable of providing voice and data services in addition
to RDSS.[^116] Accordingly, in 1994, the RDSS spectrum was reallocated
to the MSS.[^117] In addition, no licensee ever implemented a dedicated
RDSS system, and the last remaining licensee declared bankruptcy in
1991.[^118] Therefore, we tentatively conclude that Section 25.141 is no
longer necessary, and that elimination of these rules is in the public
interest.

89 Third, we propose eliminating Part 25, Subpart H. Subpart H was
adopted to implement Section 304 of the Communications Satellite Act of
1962 (Satellite Act),[^119] which governs ownership of Comsat. The ORBIT
Act eliminates Section 304 of the Satellite Act.[^120] Thus, we
tentatively conclude that Subpart H of the Commission\'s rules is no
longer necessary, and we seek comment on this conclusion.

**G. General Part 25 Modifications**

90 We also consider here a number of miscellaneous revisions to Part 25.
For example, we propose updating the current address of Federal
Communication Commission in Sections 25.110(a) and 25.110(b). In
addition, we propose adding several definitions for terms that appear in
Part 25 to Section 25.201. We seek comment on eliminating references to
the INTELSAT Agreement and INMARSAT Convention in Section 25.111(b).
Rather than list all the proposed corrections to cross-references and
similar revisions, we illustrate the proposed revisions in Appendix B.
We invite comment on these proposals to make general changes to Part 25.

**VIII. CONCLUSION**

91 We invite comment on our proposals and tentative conclusions. We also
invite commenters to make additional proposals and suggestions for
streamlining our rules. Finally, commenters are encouraged to comment on
the effects our proposals might have on the time it takes for them to
comply with our filing requirements.

**IX. PROCEDURAL MATTERS**

92 ***Initial Regulatory Flexibility Analysis**.* Appendix G to this
document contains the analysis required by the Regulatory Flexibility
Act of 1980, 5 U.S.C. § 603.

93 ***Paperwork Reduction Act.*** This NPRM contains proposed new and
modified information collections. As part of its continuing effort to
reduce paperwork burdens, we invite the general public and the Office of
Management and Budget (OMB) to take this opportunity to comment on the
information collections contained in this NPRM, as required by the
Paperwork Reduction Act of 1995, Public Law 104-13. Public and agency
comments are due at the same time as other comments on this NPRM; OMB
comments are due 105 days from date of publication of this NPRM in the
Federal Register. Comments should address: (a) whether the proposed
collection of information is necessary for the proper performance of the
functions of the Commission, including whether the information shall
have practical utility; (b) the accuracy of the Commission\'s burden
estimates; (c) ways to enhance the quality, utility, and clarity of the
information collected; 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.

94 ***Ex Parte Presentations**.* This is a permit-but-disclose
rulemaking proceeding*. Ex parte* presentations are permitted, provided
they are disclosed as provided in Sections 1.1202, 1.1203, and 1.1206(a)
of the Commission's Rules, 47 C.F.R. Sections 1.1202, 1.1203, and
1.1206(a).

95 ***Comment**.* Pursuant to Sections 1.415 and 1.419 of the
Commission's Rules, 47 C.F.R. Sections 1.415 and 1.419, interested
parties may file comments on or before 75 days following publication in
the Federal Register**,** and reply comments on or before 105 days
following publication in the Federal Register. 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 Fed. Reg. 24,121 (1998).

96 Comments filed through the ECFS can be sent as an electronic file via
the Internet 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 obtain 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.

97 Parties who choose to file by paper must file an original and four
copies of each filing. If more than one docket or rulemaking number
appears in the caption of this proceeding, commenters must submit two
additional copies for each additional docket or rulemaking number. 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, S.W., Room TW‑A325, Washington, D.C. 20554.

98 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, S.W., Room
TW‑A325, Washington, D.C. 20554. Such a submission should be on a
3.5-inch diskette formatted in an IBM compatible format using 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, the docket number
of this proceeding, 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, N.W., Washington, D.C.
20037.

99 Written comments by the public on the proposed new and modified
information collections are due on or before 75 days following
publication in the Federal Register. Written comments must be submitted
by the Office of Management and Budget (OMB) on the proposed new and
modified information collections on or before 105 days after date of
publication in the Federal Register. In addition to filing comments with
the Secretary, a copy of any comments on the information collection(s)
contained herein should be submitted to Judy Boley, Federal
Communications Commission, Room 1-C804, 445 12th Street, SW, Washington,
DC 20554, or via the Internet to jboley@fcc.gov and to Edward Springer,
OMB Desk Officer, Room 10236 NEOB, 725 17th Street, N.W., Washington, DC
20503 or via the Internet to edward.springer@omb.eop.gov.

100 ***Additional Information**.* For general information concerning
this rulemaking proceeding, contact Steven Spaeth, International Bureau,
at (202) 418-1539, International Bureau; Federal Communications
Commission, Washington, DC 20554.

**X. ORDERING CLAUSES**

101 Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 7(a), 11,
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), 161, 303(c), 303(f), 303(g),
303(r), that this Notice of Proposed Rulemaking is hereby ADOPTED.

102 IT IS FURTHER ORDERED that 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.

FEDERAL COMMUNICATIONS COMMISSION

Magalie Roman Salas

Secretary

### Appendix A

**Antenna Patterns**

In this NPRM, we propose two approaches for streamlining our review of
earth station applications seeking authority to use non-routine
antennas: (1) power reduction, or (2) submission of affidavits. Under
our proposal, earth station applicants would be allowed to pursue either
or both approaches. The applicant would be required, however, to lower
its power to obtain an ALSAT earth station license with authority to
conduct transmit/receive or transmit-only operations. The applicant
would also be required to submit the affidavits discussed in the text of
this Notice from satellite operators to obtain protection from receiving
interference from adjacent satellite systems.

This power reduction requirement, if adopted, would effectively
establish a new lower limit on antenna size (3.2 meters for C-band and
1.0 meters for Ku-band) that can be licensed for transmit and receive
operations and still be two-degree-compliant. The power reduction would
also effectively establish a new lower limit on antenna size (2.0 meters
at C-band and 0.85 meters at Ku-band) that can be licensed for transmit
operations only. The calculations supporting these diameter conclusions
are set forth below.

**[Theoretical Antenna Patterns:]{.underline}** The directional nature
of the antennas used by fixed satellite earth stations is the main
factor that makes it possible to reuse the same frequency band at each
satellite spread out across the geostationary satellite orbit. If earth
station antennas were not highly directional (i.e. omnidirectional),
only one or, at most, two geostationary satellites could serve the same
service area in each frequency band.[^121] Thus, the earth station
antenna and its radiation pattern are of great importance in achieving
and maintaining 2º orbital spacing assignments.

Large parabolic reflector antennas[^122] commonly used at microwave
frequencies exhibit a radiation pattern consisting of a main lobe on the
axis of the antenna and a series of sidelobes that generally decrease in
amplitude when moving farther away from the main lobe. The radiation
pattern produced by any particular antenna depends upon a number of
factors. These include frequency, surface smoothness of the reflector,
the shape and edge taper of the illumination function, and the amount of
aperture blockage present.

As discussed in the body of this NPRM, we recognize that strict
compliance with the §25.209(a) antenna standard in the range of 1º to 2º
off-axis is not necessary in order for earth station antennas to
successfully operate in a uniform 2º spacing environment. What is
important is the gain of the antenna\'s sidelobes toward the adjacent
satellites. For uniform 2º orbital spacing, the range of primary
interest is the 2º - 9º off-axis portion of the antenna radiation
pattern. C-band antennas smaller than 4.5 meters and Ku-band antennas
smaller than 1.2 meter can readily meet the §25.209(a) antenna standard
at off-axis angles of 2º and greater.

In certain instances, very small antennas where the main lobe of the
radiation pattern extends beyond 2º off-axis can successfully operate in
a uniform 2º spacing environment. Such small antennas, however, have
limitations placed upon them to mitigate potential interference to and
from adjacent satellite operations. When the main lobe of these antennas
extends out to and beyond 2º off-axis, these earth station systems must
reduce their power levels and use robust modulation schemes to
compensate for the reduced power.

Our proposed rule changes in Section 25.209 are based upon the licensing
of non-conforming antennas that are still large enough to have their
main lobes entirely contained within the 2.0º off-axis range. We are
certain that antennas of a particular diameter or larger can
satisfactorily operate in a uniform 2º spacing environment. In our
proposals for Section 25.209, we select the smallest diameter antenna
where the first null of its radiation pattern falls within the 2º
off-axis point. We chose this point to allow for a certain degree of
antenna pointing error and other degradations such as station keeping
tolerance.

The angular location of the first null of an antenna radiation pattern,
as well as the angular width of the antenna\'s main lobe depend upon a
number of antenna design parameters. For illustrative purposes, we have
computed a number of theoretical antenna radiation patterns for various
antenna diameters and frequencies. These patterns are given in figures
1-12 along with the §25.209(a) antenna standard superimposed on the
pattern. In all of these figures, we assume a cosine illumination
function, a 3.0 dB edge taper, and no aperture blockage. These computed
radiation patterns were generated using a slightly modified version of
an accepted Fortran subroutine.[^123] The antenna diameter was adjusted
until the first null between the main lobe and the first sidelobe fell
within +/- 2º off-axis. For these theoretical patterns, the following
results.

[Frequency (MHz)]{.underline} [Diameter (meters)]{.underline}

3700 3.2

5925 2.0

11700 1.0

14000 0.85

![](media/image1.png){width="5.997916666666667in"
height="7.997222222222222in"}![](media/image2.png){width="5.9944444444444445in"
height="8.07638888888889in"}![](media/image3.png){width="5.998611111111111in"
height="8.04513888888889in"}![](media/image4.png){width="5.995833333333334in"
height="7.979861111111111in"}![](media/image5.png){width="5.995138888888889in"
height="8.077777777777778in"}![](media/image6.png){width="5.997916666666667in"
height="7.997222222222222in"}![](media/image7.png){width="5.995833333333334in"
height="8.002083333333333in"}![](media/image8.png){width="5.999305555555556in"
height="7.945833333333334in"}![](media/image9.png){width="5.997916666666667in"
height="7.997222222222222in"}![](media/image10.png){width="5.993055555555555in"
height="7.93125in"}![](media/image11.png){width="5.999305555555556in"
height="8.014583333333333in"}

![](media/image12.png){width="5.995138888888889in"
height="8.17013888888889in"}

**Appendix B**

### 

### Proposed Rule Changes

Title 47 of the Code of Federal Regulations, Part 25, is proposed to be
amended as follows:

1\. The authority citation for Part 25 continues to read as follows:

Authority: 47 U.S.C. 701-744. Interprets or applies Sections 4, 301,
302, 303, 307, 309, and 332 of the Communications Act, as amended, 47
U.S.C. Sections 154, 301, 302, 303, 307, 309, 332, unless otherwise
noted.

2\. Amend §25.103 by revising paragraphs (b) and (c)(2) to read as
follows:

§25.103 Definitions.

**\* \* \* \* \***

\(b\) *Authorized carrier*. The term \`\`authorized carrier\'\' means a
communications common carrier which is authorized by the Federal
Communications Commission under the Communications Act of 1934, as
amended, to provide services by means of communications satellites.

\(c\) **\* \* \***

\(2\) The corporation shall be deemed to be a common carrier within

the meaning of section 3(10) of the Communications Act of 1934, as
amended.

3\. Amend §25.109 by revising paragraph (c) to read as follows:

§25.109 Cross-reference.

**\* \* \* \* \***

\(c\) Ship earth stations in the Maritime Mobile Satellite Service, see
47 CFR part 80.

4\. Amend §25.110 by revising paragraphs (a) and (b) to read as follows:

§25.110 Filing of applications, fees, and number of copies.

\(a\) Standard application forms applicable to this part may be obtained
from the Federal Communications Commission, Forms Distribution Center,
by calling 1-800-418-FORM (3676)*.*

\(b\) Manually filed applications for satellite radio station
authorizations governed by this part and requiring a fee shall be mailed
or hand-delivered to the locations specified in Part 1, subpart G of
this chapter. The addresses for filing and fee amounts for the
applications are also listed in the International and Satellite services
fee filing guide from the Commission's Forms Distribution Center or by
calling 1-800-418-FORM (3676). All other applications shall be submitted
to the Secretary, Federal Communications Commission, 445 12^th^ Street,
S.W., Washington, DC 20554.

5\. Amend §25.111 by revising paragraph (b) to read as follows:

§25.111 Additional information.

**\* \* \* \* \***

\(b\) Applicants, permittees and licensees of radio stations governed by
this part shall provide the Commission with all information it requires
for the Advance Publication, coordination and notification of frequency
assignments pursuant to the international Radio Regulations. No
protection from interference caused by radio stations authorized by
other Administrations is guaranteed unless coordination procedures are
timely completed or, with respect to individual administrations, by
successfully completing coordination agreements. Any radio station
authorization for which coordination has not been completed may be
subject to additional terms and conditions as required to effect
coordination of the frequency assignments with other Administrations.

6\. Amend § 25.113 by revising the section name, revising paragraph (a),
and removing and reserving paragraph (b), to read as follows:

§ 25.113 Station licenses and launch authority.

\(a\) Construction permits are not required for satellite earth
stations. Construction of such stations may commence prior to grant of a
license at the applicant\'s own risk. Applicants must comply with the
provisions of 47 CFR 1.1312 relating to environmental processing prior
to commencing construction.

\(b\) \[Reserved\].

**\* \* \* \* \***

7\. Amend § 25.115 by revising paragraphs (a) and (c) to read as
follows:

§ 25.115 Application for earth station authorizations.

\(a\) Transmitting earth stations. Commission authorization must be
obtained for authority to operate a transmitting earth station.
Applications shall be filed on FCC Form 312 and include the information
specified in §25.130.

**\* \* \* \* \***

\(c\) Large Networks of Small Antennas operating in the 12/14 GHz
frequency bands with U.S.-licensed or non-U.S.-licensed satellites for
domestic or international services. Applications to license small
antenna network systems operating in the 12/14 GHz frequency band under
blanket operating authority shall be filed on FCC Form 312 and Schedule
B, for each large (5 meters or larger) hub station, and Schedule B for
each representative type of small antenna (less than 5 meters) operating
within the network.

**\* \* \* \* \***

8\. Revise Section 25.117 to read as follows:

§25.117 Modification of station license.

\(a\) Except as provided for in Sec. 25.118 (Modifications not requiring
prior authorization), no modification of a radio station governed by
this part which affects the parameters or terms and conditions of the
station authorization shall be made except upon application to and grant
of such application by the Commission.

\(b\) \[Reserved\]

\(c\) Applications for modification of earth station authorizations
shall be submitted on FCC Form 312, Main Form and Schedule B, except as
set forth in paragraph (e) of this section.

\(d\) Applications for modifications of space station authorizations
shall be filed in accordance with Sec. 25.114, but only those items of
information listed in Sec. 25.114(c) that change need to be submitted,
provided the applicant certifies that the remaining information has not
changed.

\(e\) Any application for modification of authorization to extend a
required date of completion (*e.g.,* begin construction, complete
construction, launch, bring into operation) shall be filed on FCC Form
312M (Application for Additional Time to Construct). The application
must include a verified statement from the applicant:

> \(1\) That states the additional time is required due to unforeseeable
> circumstances beyond the applicant\'s control, describes these
> circumstances with specificity, and justifies the precise extension
> period requested; or
>
> \(2\) That states there are unique and overriding public interest
> concerns that justify an extension, identifies these interests and
> justifies a precise extension period.

\(f\) Applications for modification of earth station authorizations
shall be submitted on FCC Form 312, Main Form and Schedule B, whenever
the resulting radiofrequency emissions that would be caused by the
modification would cause the power density in a given area to exceed
five percent of the radiofrequency exposure limits, such that an
environmental assessment statement would be required under Section
1.1307(b)(3)(i) of this Title.

9\. Revise Section 25.118 to read as follows:

§25.118 Modifications not requiring prior authorization.

\(a\) *Notification Required*. Authorized earth station operators may
make the following modifications to their licenses without prior
Commission authorization, provided that the operators notify the
Commission, using FCC Form 312 and Schedule B, within 30 days of the
modification:

> \(1\) Licensees may make changes to their authorized earth stations
> without obtaining prior Commission authorization, provided that they
> have complied with all applicable frequency coordination procedures in
> accordance with § 25.251, and the modification does not involve:
>
> \(i\) An increase in EIRP or EIRP density (both main lobe and side
> lobe);
>
> \(ii\) An increase in transmitted power;
>
> \(iii\) A change in coordinates of more than 1 second in latitude or
> longitude for stations operating in frequency bands that are shared
> with terrestrial systems; or
>
> \(iv\) A change in coordinates of 10 seconds or greater in latitude or
> longitude for stations operating in frequency bands that are not
> shared with terrestrial systems.
>
> \(v\) A change in operations from private carrier to common carrier
> status.
>
> \(2\) Equipment in an authorized earth station may be replaced without
> prior authorization if the new equipment is electrically identical to
> the existing equipment.
>
> \(3\) Authorized VSAT earth station operators may add VSAT remote
> terminals without prior authorization, provided that they have
> complied with all applicable frequency coordination procedures in
> accordance with § 25.251, and such modifications do not require prior
> authorization under § 25.121(e)(3) of this part. (VSAT hub earth
> stations and all remote terminals that are not part of a U.S.-licensed
> VSAT network are treated like other earth stations for purposes of
> determining whether they can be modified without prior authorization.)

\(b\) *Notification not required*. An authorized earth station licensee
may add, change or replace transmitters or antenna facilities without
prior authorization, provided:

> \(1\) The added, changed, or replaced facilities conform to Section
> 25.209 of this Chapter;
>
> \(2\) The particulars of operations remain unchanged;
>
> \(3\) Frequency coordination is not required; and
>
> \(4\) The maximum power and power density delivered into any antenna
> at the earth station site shall not exceed the values calculated by
> subtracting the maximum antenna gain specified in the license from the
> maximum authorized e.i.r.p. and e.i.r.p. density values.

10\. Amend § 25.121 by revising paragraphs (a), (c), and (e) to read as
follows:

§ 25.121 License term and renewals.

\(a\) *License Term*. Except as provided in paragraphs (b) and (c) of
this section, licenses for facilities governed by this part will be
issued for a period of 10 years.

**\* \* \* \* \***

\(c\) *Earth Stations*. For earth stations, the license term will be
specified in the instrument of authorization. In no case shall this term
exceed 15 years.

**\* \* \* \* \***

(e)(1) *Renewal of licenses*. Applications for renewals of earth station
licenses must be submitted on FCC Form 312R no earlier than 90 days, and
no later than 30 days, before the expiration date of the license.
Applications for space station system replacement authorization for
non-geostationary orbit satellites shall be filed no earlier than 90
days, and no later than 30 days, prior to the end of the seventh year of
the existing license term.

\(2\) In addition to the requirements of paragraph (e)(1) of this
section, applicants seeking renewal of a MET license must include as an
attachment to FCC Form 312R a statement of the number of MET units in
its network placed into operation.

\(3\) In addition to the requirements of paragraph (e)(1) of this
section, applicants seeking renewal of a VSAT license must include as an
attachment to FCC Form 312R a statement of the number of VSAT units in
its network placed into operation. If a VSAT licensee does not bring all
the VSAT units specified in its license into operation by the time the
licensee is renewed, subsequent modification applications to add VSAT
units will require prior Commission authorization.

11\. Amend § 25.130 by revising paragraph (a) to read as follows:

§ 25.130 Filing requirements for transmitting earth stations.

\(a\) Applications for a new or modified transmitting earth station
facility shall be submitted on FCC Form 312, Main Form and Schedule B,
accompanied by any required exhibits. In addition, the applicant shall
submit the following information to be used as an \"informative\" in the
public notice issued under Section 25.151 of this part:

\(1\) A detailed description of the service to be provided, including
frequency bands and satellites to be used.

\(2\) The diameter of the antenna.

\(3\) Proposed power and power density levels.

\(4\) Identification of any random access technique, if applicable, as
listed in Section 25.134(a) in this Chapter.

\(5\) Identification of any rule or rules for which a waiver is
requested.

12\. Amend § 25.131 by revising paragraphs (a), (b), (h), (i), and (j)
to read as follows:

§ 25.131 Filing requirements for receive-only earth stations.

\(a\) Except as provided in paragraphs (b) and (j) of this section,
applications for a license for a receive-only earth station shall be
submitted on FCC Form 312, Main Form and Schedule B, accompanied by any
required exhibits and the information described in Sections 25.130(a)(1)
through (5) of this chapter.

\(b\) Except as provided in paragraph (j) of this section, receive- only
earth stations in the fixed-satellite service that operate with
U.S.-licensed satellites may be registered with the Commission in order
to protect them from interference from terrestrial microwave stations in
bands shared co-equally with the fixed service in accordance with the
procedures of § 25.203 and § 25.251 of this part.

**\* \* \* \* \***

\(h\) Registration term: Registrations for receive-only earth stations
governed by this section will be issued for a period of 15 years from
the date on which the application was filed. Applications for renewals
of registrations must be submitted on FCC Form 312R (Application for
Renewal of Radio Station License in Specified Services) no earlier than
90 days and no later than 30 days before the expiration date of the
registration.

\(i\) Applications for modification of license or registration of
receive-only earth stations shall be made in conformance with Sections
25.117 and 25.118 of this part. In addition, registrants are required to
notify the Commission when a receive-only earth station is no longer
operational or when it has not been used to provide any service during
any 6-month period.

\(j\) Receive-only earth stations operating with non-U.S. licensed space
stations shall file an FCC Form 312 requesting a license or modification
to operate such station. Receive-only earth stations used to receive
INTELNET I service from INTELSAT space stations need not file for
licenses. See Deregulation of Receive-Only Satellite Earth Stations
Operating with the INTELSAT Global Communications Satellite System,
Declaratory Ruling, RM No. 4845, FCC 86-214 (released May 19, 1986)
available through the International Reference Center, FCC, identified in
Section 0.453(m) of this Title.

13\. Amend § 25.132 by revising paragraph (a) and adding new paragraph
(b)(3) to read as follows:

§ 25.132 Verification of earth station antenna performance standards.

\(a\) All applications for transmitting earth stations must be
accompanied by a certificate pursuant to § 2.902 of the chapter from the
manufacturer of each antenna that the results of a series of radiation
pattern tests performed on representative equipment in representative
configurations by the manufacturer demonstrates that the equipment
complies with the performance standards set forth in § 25.209. The
licensee must be prepared to demonstrate the measurements to the
Commission on request.

**\* \* \* \* \***

\(b\) **\* \* \***

\(3\) Applicants seeking authority to use an antenna that does not meet
the standards set forth in Sections 25.209(a) and (b) of this Chapter,
pursuant to the procedure set forth in Section 25.220 of this Chapter,
are required to submit a copy of the manufacturer\'s range test plots of
the antenna gain patterns specified in paragraph (b)(1) of this section.

14\. Amend § 25.133 by revising paragraphs (a) and (b) and adding
paragraph (e) to read as follows:

§ 25.133 Period of construction; certification of commencement of
operation.

(a)(1) Each license for an earth station governed by this part, except
for mobile satellite earth station terminals (METs), shall specify as a
condition therein the period in which construction of facilities must be
completed and station operation commenced. Construction of the earth
station must be completed and the station must be brought into operation
within 12 months from the date of the license grant except as may be
determined by the Commission for any particular application.

\(2\) Each license for mobile satellite earth station terminals (METs)
shall specify as a condition therein the period in which station
operation must be commenced. The networks in which the METs will be
operated must be brought into operation within 12 months from the date
of the license grant except as may be determined by the Commission for
any particular application.

(b)(1) Each license for a transmitting earth station included in this
part shall also specify as a condition therein that upon the completion
of construction, each licensee must file with the Commission a
certification containing the following information:

> \(i\) The name of the licensee;
>
> \(ii\) File number of the application; call sign of the antenna;
>
> \(iii\) Date of the license;
>
> \(iv\) A certification that the facility as authorized has been
> completed and that each antenna facility has been tested and is within
> 2 dB of the pattern specified in Sec. 25.209, Sec. 25.135 (NVNG MSS
> earth stations), or Sec. 25.213 (1.6/2.4 GHz Mobile-Satellite Service
> earth stations). MET licenses shall specify as a condition that the
> licensee must file a certification that it has begun to provide
> service;
>
> \(v\) The date on which the station became operational; and
>
> \(vi\) A statement that the station will remain operational during the
> license period unless the license is submitted for cancellation.

\(2\) For stations authorized under Sec. 25.115(c) of this part (Large
Networks of Small Antennas operating in the 12/14 GHz bands) and Sec.
25.115(d) of this part (User Transceivers in the Mobile-Satellite
Service), and for mobile satellite earth station terminals (METs), a
certificate must be filed when the network is put into operation.

**\* \* \* \* \***

\(d\) An application for MET authorization shall be filed on FCC Form
312, Main Form and Schedule B. A MET licensee applying to renew its
license must follow the procedures provided in § 25.121(e)(2) of this
part.

15\. Amend § 25.134 by revising paragraphs (a), (b), and (d) to read as
follows:

§ 25.134 Licensing provisions of very small aperture terminal (VSAT)
networks.

\(a\) All applications for VSAT service in the 12/14 GHz band that meet
the following requirements will be routinely processed:

> \(1\) The maximum transmitter power spectral density of a digital
> modulated carrier into any GSO FSS earth station antenna shall not
> exceed - 14.0 - 10log(N) dB(W/4 kHz).
>
> \(i\) For a VSAT network using frequency division multiple access
> (FDMA) or time division multiple access (TDMA) technique, N is equal
> to one.
>
> \(ii\) For a VSAT network using code division multiple access (CDMA)
> technique, N is the likely maximum number of co-frequency
> simultaneously transmitting earth stations in the same satellite
> receiving beam.
>
> \(iii\) For a VSAT network using contention Aloha multiple access
> technique, N is equal to two.
>
> \(iv\) For a VSAT network using contention CDMA/Aloha multiple access
> technique, N is twice the likely maximum number of co-frequency
> simultaneously transmitting earth stations in the same
> satellite-receiving beam without contention.
>
> \(2\) The maximum GSO FSS satellite EIRP spectral density of the
> digital modulated emission shall not exceed 6 dB (W/4kHz) for all
> methods of modulation and accessing techniques.
>
> \(3\) The maximum hub earth station EIRP shall not exceed 78.3 dBW for
> all methods of multiple access techniques and supporting VSAT network
> identified in paragraph (a)(1) of this section.
>
> \(4\) The maximum transmitter power spectral density of an analog
> carrier into any GSO FSS earth station antenna shall not exceed -- 8.0
> dB(W/4kHz) and the maximum GSO FSS satellite EIRP spectral density
> shall not exceed + 13.0 dB(W/4kHz).

\(b\) Each applicant for digital and/or analog VSAT network
authorization proposing to use transmitted satellite carrier EIRP
densities and/or maximum antenna input power in excess of those
specified in paragraph (a) of this Section must comply with the
procedures set forth in § 25.220 of this Chapter.

**\* \* \* \* \***

\(d\) An application for VSAT authorization shall be filed on FCC Form
312, Main Form and Schedule B. A VSAT licensee applying to renew its
license must follow the procedures provided in § 25.121(e)(3) of this
part.

16\. Amend § 25.138 by adding language at the end of paragraphs (a)(1)
and (a)(2) to read as follows:

§ 25.138 Blanket licensing provisions of GSO FSS earth stations in the
18.58-18.8 GHz (space-to-Earth), 19.7-20.2 GHz (space-to-Earth),
28.35-28.6 GHz (Earth-to-space) and 29.5-30.0 GHz (Earth-to-space)
bands.

\(a\) **\* \* \***

\(1\) **\* \* \*** N = two for Aloha systems. N = 2 times the likely
maximum number of co-frequency simultaneously transmitting earth
stations in the receive beam of the satellite for CDMA/Aloha systems.

\(2\) **\* \* \*** N = two for Aloha systems. N = 2 times the likely
maximum number of co-frequency simultaneously transmitting earth
stations in the receive beam of the satellite for CDMA/Aloha systems.

§ 25.141

17\. Remove §25.141.

§ 25.144

18\. Remove and reserve paragraph §25.144(a)(1).

19\. Amend § 25.151 by revising paragraphs (c)(2) and (d), and adding
new paragraph (e) to read as follows:

§ 25.151 Public notice period.

**\* \* \* \* \***

\(c\) **\* \* \***

\(2\) For temporary authorization pursuant to § 25.120 of this Chapter.

\(d\) Except as specified in paragraph (e) of this section, no
application that has appeared on public notice will be granted until the
expiration of a period of thirty days following the issuance of the
public notice listing the application, or any major amendment thereto.
Any comments or petitions must be delivered to the Commission by that
date in accordance with §25.154.

(e)(1) Applicants seeking authority to operate a temporary fixed earth
station pursuant to §25.277 of this part may consider their applications
\"provisionally granted,\" and may initiate operations upon the
placement of the complete FCC Form 312 application on public notice,
provided that

\(i\) The temporary fixed earth station will operate only in the
conventional Ku-band;

\(ii\) The temporary fixed earth station\'s operations will be
consistent with all routine-licensing requirements for the conventional
Ku-band; and

\(iii\) The temporary fixed earth station\'s operations will be limited
to satellites on the Permitted Space Station List.

\(2\) Applications for authority granted pursuant to paragraph (e)(1) of
this section shall be placed on public notice pursuant to paragraph
(a)(1) of this section. If no comments or petitions are filed within 30
days of the public notice date, the authority granted will be considered
a regular temporary fixed earth station authorization as of 30 days
after the public notice date. If a comment or petition is filed within
30 days of the public notice date, the applicant must suspend operations
immediately pending resolution of the issues raised in that comment or
petition.

20\. Amend § 25.154 by revising paragraphs (c) and (d) and adding
paragraph (e) to read as follows:

§ 25.154 Oppositions to applications and other pleadings.

**\* \* \* \* \***

\(c\) Except for opposition to petitions to deny an application filed
pursuant to § 25.220 of this Chapter, oppositions to petitions to deny
an application or responses to comments and informal objections may be
filed 10 days after the petition, comment, or objection is filed and
must be in accordance with other applicable provisions of §§ 1.41
through 1.52 of this chapter.

\(d\) Except for opposition to petitions to deny an application filed
pursuant to § 25.220 of this Chapter, reply comments by the party that
filed the original petition may be filed with respect to pleadings filed
pursuant to paragraph (c) of this section within 5 days after the time
for filing oppositions has expired unless the Commission otherwise
extends the filing deadline and must be in accordance with other
applicable provisions of §§ 1.41 through 1.52 of this chapter.

\(e\) If petition to deny an application filed pursuant to § 25.220 of
this Chapter is filed, the applicant must file a statement with the
Commission explaining whether the applicant has resolved all outstanding
coordination issues raised by the petitioner, within 30 days of the date
the petition for deny is filed. This statement must be in accordance
with the provisions of §§ 1.41 through 1.52 of this chapter applicable
to oppositions to petitions to deny.

21\. Revise § 25.201 to read as follows:

§25.201 Definitions.

\(a\) Definitions for terms in subpart C of this part appear in
paragraph (b) of this section, and in Section 2.1 of this Chapter.

(b)(1) *Active satellite*. An earth satellite carrying a station
intended to transmit or re-transmit radiocommunication signals.

\(2\) *Base Earth Station*. An earth station in the fixed-satellite
service or, in some cases, in the land mobile-satellite service, located
at a specified fixed point or within a specified area on land to provide
a

feeder link for the land mobile-satellite service. (RR)

\(3\) *C-band.* For purposes of this part, the C-band refers
specifically to the 3700-4200 MHz downlink and 5925-6425 MHz uplink
frequency bands. These paired bands are allocated to the Fixed-Satellite
Service and are also referred to as the 4/6 GHz band(s).

\(4\) *Coordination distance*. For the purposes of this part, the
expression \"coordination distance\'\' means the distance from an earth
station, within which there is a possibility of the use of a given
transmitting frequency at this earth station causing harmful
interference to stations in the fixed or mobile service, sharing the
same band, or of the use of a given frequency for reception at this
earth station receiving harmful interference from such stations in the
fixed or mobile service.

\(5\) *Earth station*. A station located either on the Earth\'s surface
or within the major portion of the Earth\'s atmosphere intended for
communication:

\(i\) With one or more space stations; or

\(ii\) With one or more stations of the same kind by means of one or
more reflecting satellites or other objects in space.

\(6\) *Electronic filing.* The submission of applications, exhibits,
pleadings, or other filings to the Commission in an electronic form
using *Internet* or *World Wide Web* on-line filing forms.

\(7\) *Equivalent diameter*. When circular aperture reflector antennas
are employed, the size of the antenna is generally expressed as the
diameter of the antenna's main reflector. When non-reflector or
non-circular aperture antennas are employed, an equivalent diameter can
be computed for the antenna. The equivalent diameter is the diameter of
a hypothetical circular aperture antenna with the same aperture area as
the actual antenna. For example, an elliptical aperture antenna with
major axis, ***a***, and minor axis, ***b***, will have an equivalent
diameter of \[***a*** x ***b***\]^½^. A rectangular aperture antenna
with length, ***l***, and width, ***w***, will have an equivalent
diameter of \[(***l*** x ***w***)/\]^½^.

\(8\) *Fixed earth station*. An earth station intended to be used at a
specified fixed point.

\(9\) *Fixed-Satellite Service*. A radiocommunication service between
earth stations at given positions, when one or more satellites are used;
the given position may be a specified fixed point or any fixed point
within

specified areas; in some cases this service includes
satellite-to-satellite links, which may also be operated in the
inter-satellite service; the fixed-satellite service may also include
feeder links of

other space radiocommunication services. (RR)

\(10\) *Full transponder.* Radio emissions or transmissions that occupy,
or nearly occupy, the entire satellite transponder. C-band and Ku-band
satellite systems typically have transponder bandwidths on the order of
36 MHz or more. Single carrier full transponder transmissions can
include full motion analog video, thousands of multiplexed voice
channels, or high date rates on the order of 50 Mb/s.

\(11\) *Geostationary satellite*. A geosynchronous satellite whose
circular and direct orbit lies in the plane of the Earth\'s equator and
which thus remains fixed relative to the Earth; by extension, a
satellite which

remains approximately fixed relative to the Earth.

\(12\) *Inter-Satellite Service*. A radiocommunication service providing
links between artificial earth satellites.

\(13\) *Ku-band.* In this rule part, the Ku-band refers specifically to
the 11700-12200 MHz downlink and 14000-14500 MHz uplink frequency bands.
These paired bands are allocated to the Fixed-Satellite Service and are
also referred to as the 12/14 GHz band(s).

\(14\) *Land Earth Station*. An earth station in the fixed-satellite
service or, in some cases, in the mobile-satellite service, located at a
specified fixed point or within a specified area on land to provide a
feeder link for the mobile-satellite service. (RR)

\(15\) *Land Mobile Earth Station*. A mobile earth station in the land
mobile-satellite service capable of surface movement within the
geographical limits of a country or continent. (RR)

\(16\) *Mobile earth station*. An earth station intended to be used
while in motion or during halts at unspecified points.

\(17\) *Mobile-Satellite Service*. A radiocommunication service:

\(i\) Between mobile earth stations and one or more space stations, or
between space stations used by this service; or

\(ii\) Between mobile earth stations, by means of one or more space
stations.

This service may also include feeder links necessary for its operation.
(RR)

\(18\) *Narrowband.* Radio emissions or transmissions with narrow or
limited spectral bandwidths. Narrowband satellite transmissions
generally provide a single channel or a very limited number of channels.
Narrowband satellite transmissions generally have bandwidths of 40 kHz
to 5 MHz.

\(19\) *Non-Voice, Non-Geostationary Mobile-Satellite Service*. A
mobile-satellite service reserved for use by non-geostationary
satellites in the provision of non-voice communications which may
include satellite

links between land earth stations at fixed locations.

\(20\) *1.6/2.4 GHz Mobile-Satellite Service*. A mobile-satellite
service that operates in the 1610-1626.5 MHz and 2483.5-2500 MHz
frequency bands, or in any portion thereof.

\(21\) *Passive satellite*. An earth satellite intended to transmit
radio communication signals by reflection.

\(22\) *Permitted Space Station List.* A list of satellites including
all U.S.-licensed satellites and those non-U.S.-licensed satellites for
which the Commission has authorized U.S.-licensed earth stations to
communicate with that satellite, and the satellite operator has
requested the Commission to place its satellite on the Permitted Space
Station List.

\(23\) *Power flux density.* The amount of power flow through a unit
area within a unit bandwidth. The units of power flux density are those
of power spectral density per unit area, namely watts per hertz per
square meter. These units are generally expressed in decibel form as
dB(W/Hz/m^2^), dB(W/m^2^) in a 4 kHz band, or dB(W/m^2^) in a 1 MHz
band.

\(24\) *Power spectral density.* The amount of an emission's transmitted
carrier power falling within the stated reference bandwidth. The units
of power spectral density are watts per hertz and are generally express
in decibel form as dB(W/Hz), dB(W/4kHz), or dB(W/1MHz).

\(25\) *Protection areas*. The geographic regions on the surface of the
Earth where United States Department of Defense (\"DoD\'\')
meteorological satellite systems or National Oceanic and Atmospheric
Administration (\"NOAA\'\') meteorological satellite systems, or both
such systems, are receiving signals from low earth orbiting satellites.

\(26\) *Radiodetermination-Satellite Service*. A radiocommunication
service for the purpose of radiodetermination involving the use of one
of more space stations. This service may also include feeder links
necessary for its own operation. (RR)

\(27\) *Routine processing or licensing.* A licensing process whereby
applications are processed in an expedited fashion. Such applications
must be complete in all regards and consistent with all Commission Rules
and must not raise any policy issues. With respect to earth station
licensing, an application is \"routine\" only if it conforms to all
antenna, power, coordination, radiation hazard, and FAA notification
rules, and accesses only \"Permitted Space Station List\" satellites in
the C-band or Ku-band frequency bands.

\(28\) *Satellite Digital Audio Radio Service (\"DARS\'\' or
\"SDARS\").* A radiocommunication service in which audio programming is
digitally transmitted by one or more space stations directly to fixed,
mobile, and/or portable stations, and which may involve complementary
SDARS repeaters, telemetry, tracking and control facilities.

\(29\) *Satellite system*. A space system using one or more artificial
earth satellites.

\(30\) *Spacecraft*. A man-made vehicle which is intended to go beyond
the major portion of the Earth\'s atmosphere.

\(31\) *Space operation service*. A radiocommunication service concerned
exclusively with the operation of spacecraft, in particular space
tracking, space telemetry and space telecommand. These functions will

normally be provided within the service in which the space station is
operating.

\(32\) *Space radiocommunication*. Any radiocommunication involving the
use of one or more space stations or the use of one or more reflecting
satellites or other objects in space.

\(33\) *Space station*. A station located on an object which is beyond,
is intended to go beyond, or has been beyond, the major portion of the
Earth\'s atmosphere.

\(34\) *Space system*. Any group of cooperating earth stations and/or
space stations employing space radiocommunication for specific purposes.

\(35\) *Space telecommand*. The use of radiocommunication for the
transmission of signals to a space station to initiate, modify or
terminate function of the equipment on a space object, including the
space station.

\(36\) *Space telemetering*. The use of telemetering for the
transmission from a space station of results of measurements made in a
spacecraft, including those relating to the functioning of the
spacecraft.

\(37\) *Space tracking*. Determination of the orbit, velocity or
instantaneous position of an object in space by means of
radiodetermination, excluding primary radar, for the purpose of
following the movement of the object.

\(38\) *Temporary fixed earth station.* An earth station operating in
the Fixed Satellite Service at a fixed location for less than 6 months.
Temporary fixed earth stations are transportable facilities that are
moved to the point of operation before communicating. They are often
used for emergency restoration of service and news gathering functions.
Temporary fixed earth stations do not operate while in motion.

\(39\) *Terrestrial radiocommunication*. Any radiocommunication other
than space radiocommunication or radio astronomy.

\(40\) *Terrestrial station*. A station effecting terrestrial
radiocommunication.

\(41\) *Wideband.* See *Full Transponder*.

22\. Amend § 25.202 by removing and reserving paragraph (a)(2) to read
as follows:

§ 25.202 Frequencies, frequency tolerance and emission limitations.

**\* \* \* \* \***

\(2\) \[Reserved.\]

**\* \* \* \* \***

23\. In §25.204, revise paragraphs (a) and (b) to read as follows:

§ 25.204 Power limits.

\(a\) In bands shared coequally with terrestrial radio communication
services, the equivalent isotropically radiated power transmitted in any
direction towards the horizon by an earth station operating in frequency
bands between 1 and 15 GHz, shall not exceed the following limits except
as provided for in paragraph (c) of this section:

+40 dBW in any 4 kHz band for

+40+3 dBW in any 4 kHz band for °\<

where is the angle of elevation of the horizon viewed from the center of
radiation of the antenna of the earth station and measured in degrees as
positive above the horizontal plane and negative below it.

\(b\) In bands shared coequally with terrestrial radio-communication
services, the equivalent isotropically radiated power transmitted in any
direction towards the horizon by an earth station operating in frequency
bands above 15 GHz shall not exceed the following limits except as
provided for in paragraph (c) of this section:

+64 dBW in any 1 MHz band for \<

+64+3 dBW in any 1 MHz band for \<

where is as defined in paragraph (a) of this section.

24\. In § 25.209, revise paragraph (f) to read as follows:

§25.209 Antenna performance standards.

\* \* \*

\(f\) An earth station with an antenna not conforming to the standards
of paragraphs (a) and (b) of this section will be authorized after
February 15, 1985 upon finding by the Commission that unacceptable
levels of interference will not be caused under conditions of uniform 2º
orbital spacing. An earth station antenna initially authorized on or
before February 15, 1985 will be authorized by the Commission to
continue to operate as long as such operations are found not to cause
unacceptable levels of adjacent satellite interference. In either case,
the Commission will impose appropriate terms and conditions in its
authorization of such facilities and operations. The applicant has the
burden of demonstrating that its antenna not conforming to the standards
of paragraphs (a) and (b) of this section will not cause unacceptable
interference. This demonstration must comply with the procedures set
forth in § 25.220 of this Chapter.

25\. In § 25.211, revise paragraph (d) and add paragraphs (e), (f), and
(g) to read as follows:

§25.211 Video transmissions in the Fixed-Satellite Services.

**\* \* \* \* \***

\(d\) An earth station may be routinely licensed for transmission to
full transponder services provided:

\(1\) In the 6 GHz band, with an antenna equivalent diameter 4.5 meters
or greater, the maximum power into the antenna does not exceed 26.5 dBW;
or

\(2\) In the 14 GHz band, with an antenna equivalent diameter 1.2 meters
or greater, the maximum power into the antenna does not exceed 27 dBW.

\(e\) Antennas with an equivalent diameter smaller than those specified
in paragraph (d) of this section are subject to the provisions of
Section 25.220 of this Chapter, which may include power reduction
requirements. These antennas will not be routinely licensed for
transmission of full transponder services.

\(f\) Each applicant for authorization for video transmissions in the
fixed-satellite service proposing to use transmitted satellite carrier
EIRP densities, and/or maximum power into the antenna in excess of those
specified in Section 25.211(d), must comply with the procedures set
forth in § 25.220 of this Chapter.

\(g\) The Commission has authority to apply the power level limits in
this section to earth station applications for authority to operate in
any other FSS frequency band to the extent it deems necessary to prevent
unacceptable interference into adjacent satellite systems, to the extent
that power limits have not been established elsewhere in this Part.

26\. In § 25.212, revise paragraph (c) by adding language to the end of
the paragraph, redesignate paragraph (d) as paragraph (d)(1), adding
language to the end of paragraph (d)(1), and adding new paragraphs
(d)(2), (e), and (f) to read as follows:

§ 25.212 Narrowband transmissions in the Fixed-Satellite Service.

\(c\) **\* \* \*** Antennas with an equivalent diameter smaller than 1.2
meters in the 14 GHz band are subject to the provisions of §25.220 of
this chapter, which may include power reduction requirements.

(d)(1) **\* \* \*** Antennas with an equivalent diameter smaller than
1.2 meters in the 14 GHz band are subject to the provisions of §25.220
of this chapter, which may include power reduction requirements.

(d)(2) In the 6 GHz band, an earth station with an equivalent diameter
antenna of 4.5 meters or greater may be routinely licensed for
transmission of SCPC services if the maximum power spectral densities
into the antenna do not exceed + 0.5 dB(W/4kHz) for analog SCPC carriers
with bandwidths up to 200 kHz and do not exceed --2.7 -- 10log(N) dB
(W/4kHz) for narrow and/or wideband digital SCPC carriers.

> \(i\) For digital SCPC using frequency division multiple access (FDMA)
> or time division multiple access (TDMA) technique, N is equal to one.
>
> \(ii\) For digital SCPC using code division multiple access (CDMA)
> technique, N is the likely maximum number of co-frequency
> simultaneously transmitting earth stations in the same satellite
> receiving beam.
>
> \(iii\) For digital SCPC using contention Aloha multiple access
> technique, N is equal to two.
>
> \(iv\) For digital SCPC using contention CDMA/Aloha multiple access
> technique, N is twice the likely maximum number of co-frequency
> simultaneously transmitting earth stations in the same
> satellite-receiving beam without contention.

\(e\) Each applicant for authorization for narrowband transmissions in
the fixed-satellite service proposing to use transmitted satellite
carrier EIRP densities, and/or maximum antenna input power densities in
excess of those specified in paragraph (c) of this Section for Ku-band
service, or paragraph (d) of this Section for C-band service,
respectively, must comply with the procedures set forth in § 25.220 of
this Chapter.

\(f\) The Commission has authority to apply the power level limits in
this section to earth station applications for authority to operate in
any other FSS frequency band to the extent it deems necessary to prevent
unacceptable interference into adjacent satellite systems, to the extent
that power limits have not been established elsewhere in this Part.

27\. Revise Part 25 by adding new § 25.220 to read as follows:

§ 25.220 Non-conforming transmit/receive earth station operations.

(a)(1) This section applies to earth station applications in which:

> \(i\) the proposed antenna does not conform to the standards of
> §25.209(a) and (b) of this Chapter, and/or
>
> \(ii\) the proposed power density levels are in excess of those
> specified in §25.134, §25.211, or §25.212 of this Chapter, or those
> derived by the procedure set forth in paragraph (c)(1) of this
> Section, whichever is applicable.
>
> \(2\) Paragraphs (b) through (e) of this section apply to the earth
> station applications described in paragraph (a)(1) of this section, in
> which the applicant seeks transmit/receive authority.
>
> \(3\) Paragraph (f) of this section applies to the earth station
> applications described in paragraph (a)(1) of this section in which
> the applicant seeks transmit-only or receive-only authority.
>
> \(4\) The requirements for petitions to deny applications filed
> pursuant to this section are set forth in Section 25.154 of this
> Chapter.

\(b\) If an antenna proposed for use by the applicant does not comply
with the antenna performance standards contained in §25.209(a) and (b),
the applicant must provide, as an exhibit to its FCC Form 312
application, the antenna gain patterns specified in §25.132(b) of this
Chapter.

\(c\) If an antenna proposed for use by the applicant does not comply
with the performance standards contained in §25.209(a) and (b), the
applicant must meet the requirements of either paragraph (c)(1) or
(c)(2) of this Section to obtain protection from receiving interference
from adjacent satellite operators. The applicant must meet the
requirements of either paragraph (c)(1) or (c)(3) of this Section to
obtain authority to transmit.

> \(1\) The applicant must provide in its Form 312, Schedule B, the
> power and power density levels that result by reducing the values
> stated in §25.134, §25.211, or §25.212, whichever is applicable, by
> the number of decibels that the non-compliant antenna fails to meet
> the antenna performance standard of §25.209(a) and (b), or
>
> \(2\) The applicant will not receive protection from adjacent
> satellite interference from any satellite unless the applicant has
> provided the affidavits listed in paragraph (d)(1) of this Section
> from the operator of that satellite(s).
>
> \(3\) The applicant will not be permitted to transmit to any satellite
> unless the applicant has provided the affidavits listed in paragraph
> (e)(1) of this Section from the operator of that satellite(s).

(d)(1) If an antenna proposed for use by the applicant does not comply
with the performance standards contained in §25.209(a) and (b), the
applicant must submit the affidavits listed in paragraphs (d)(1)(i)
through (d)(1)(iv) of this Section to qualify for protection from
receiving interference from other satellite systems. The applicant will
be granted protection from receiving interference only with respect to
the satellite systems included in the coordination agreements referred
to in the affidavit required by paragraph (d)(1)(ii) of this section,
and only to the extent that protection from receiving interference is
afforded by those coordination agreements.

> \(i\) a statement from the satellite operator acknowledging that the
> proposed operation of the subject non-conforming earth station with
> its satellite(s) has the potential to receive interference from
> adjacent satellite networks that may be unacceptable.
>
> \(ii\) a statement from the satellite operator that it has coordinated
> the operation of the subject non-conforming earth station accessing
> its satellite(s), including its required downlink power density based
> on the information contained in the application, with all adjacent
> satellite networks within 6° of orbital separation from its
> satellite(s), and the operations will not violate any existing
> coordination agreement for its satellite(s) with other satellite
> systems.
>
> \(iii\) a statement from the satellite operator that it will include
> the subject non-conforming earth station operations in all future
> satellite network coordinations, and
>
> \(iv\) a statement from the Earth station applicant certifying that it
> will comply with all coordination agreements reached by the satellite
> operator(s).
>
> \(2\) A license granted pursuant to paragraph (d)(1) of this section
> will include, as a condition on that license, that if no good faith
> agreement can be reached between the satellite operator and the
> operator of a future 2° compliant satellite, the earth station
> operator shall accept the power density levels that would accommodate
> the 2° compliant satellite.
>
> (e)(1) An earth station applicant proposing to use transmitted
> satellite carrier EIRP densities, and/or maximum power into the
> antenna in excess of the levels in §25.134, §25.211, §25.212, or the
> power density levels derived through the procedure set forth in
> paragraph (c)(1) of this Section, whichever is applicable, shall
> provide the following affidavits as an exhibit to its earth station
> application:
>
> \(i\) a statement from the satellite operator acknowledging that the
> proposed operation of the subject non-conforming earth station with
> its satellite(s) has the potential to create interference to adjacent
> satellite networks that may be unacceptable.
>
> \(ii\) a statement from the satellite operator that it has coordinated
> the operation of the subject non-conforming Earth Station accessing
> its satellite(s), and its corresponding downlink power density
> requirements (based on the information contained in the application)
> with all adjacent satellite networks within 6° of orbital separation
> from its satellite(s), and the operations will not violate any
> existing coordination agreement for its satellite(s) with other
> satellite systems.
>
> \(iii\) a statement from the satellite operator that it will include
> the subject non-conforming Earth Station power and power densities in
> all future satellite network coordinations, and
>
> \(iv\) a statement from the Earth station applicant certifying that it
> will comply with all coordination agreements reached by the satellite
> operator(s).

\(2\) A license granted pursuant to paragraph (e)(1) of this section
will include, as a condition on that license, that if no good faith
agreement can be reached between the satellite operator and the operator
of a future 2° compliant satellite, the earth station operator shall
reduce its power to those levels that would accommodate the 2° compliant
satellite.

(f)(1) If an earth station applicant requests transmit-only authority,
and its proposed antenna does not conform to the standards of §25.209(a)
and (b) of this Chapter, it must meet the requirements of paragraphs (b)
and (c) of this section.

\(2\) If an earth station applicant requests transmit-only authority,
and its proposed proposed power density levels are in excess of those
specified in §25.134, §25.211, or §25.212 of this Chapter, or those
derived by the procedure set forth in paragraph (c)(1) of this section,
it must meet the requirements of paragraph (e) of this section.

\(3\) If an earth station applicant requests receive-only authority, and
its proposed antenna does not conform to the standards of §25.209(a) and
(b) of this Chapter, it must meet the requirements of paragraphs (b) and
(d) of this section.

28\. In § 25.274, revise paragraph (g) to read as follows:

§25.274 Procedures to be followed in the event of harmful interference.

**\* \* \* \* \***

\(g\) Where the earth station suspected of causing interference to the
operations of another earth station cannot be identified or is
identified as an earth station operating on a satellite system other
than the one on which the earth station suffering undue interference is
operating, it is the responsibility of a representative of the earth
station suffering harmful interference to contact the control center of
other satellite systems. The operator of the earth station suffering
undue interference is free to choose any representative to make this
contact, including but not limited to the operator of the satellite
system on which the earth station is operating. The operator of the
earth station suffering undue interference is also free to contact the
control center of the other satellite systems directly.

29\. Amend § 25.277 by adding paragraph (f) to read as follows:

§25.277 Temporary fixed earth station operations.

**\* \* \* \* \***

\(f\) Filing requirements concerning applications for new temporary
fixed earth station facilities operating in frequency bands shared
co-equally with terrestrial fixed stations.

\(1\) When the initial location of the temporary fixed earth station's
operation is known, the applicant shall provide, as part of the Form 312
application, a frequency coordination report in accordance with §25.203
for the initial station location.

\(2\) When the initial location of the temporary fixed earth station's
operation is not known at the time the application is filed, the
applicant shall provide, as part of the Form 312 application, a
statement by the applicant acknowledging its coordination
responsibilities under §25.277.

30\. Subpart H

Remove Subpart H

**Appendix C**

**\*\*\* DRAFT \*\*\***

**FCC Form 312 Schedule S**

**Satellite Space Station Authorizations**

**(Technical and Operational Description)**

**[General Information]{.underline}**

1\. Space Station or Satellite Network
Name\...\...\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

2\. Construction Commencement
Date\...\...\...\...\...\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

3\. Construction Completion
Date\...\...\...\...\.....\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

4\. Estimated Launch
Date\...\...\...\...\...\...\...\...\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

5\. Estimated Date of Placement into
Service\.....\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

6\. Estimated Lifetime of Satellite(s)\...\...\.....\_\_\_\_\_\_\_\_\_\_
Years

7\. Administration Responsible for the
station(s)\.....\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

8\. Other Participating Administrations\...\...\...\...\...\_\_\_\_\_\_
\_\_\_\_\_\_\_ \_\_\_\_\_\_ \_\_\_\_\_\_ \_\_\_\_\_\_

9\. Operating Agency or
Company\....\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

10\. Will the space station(s) operate on a Common Carrier basis? \_\_
Yes \_\_ No

10a. Total number of transponders: \_\_\_\_\_\_\_\_

10b. Total transponder bandwidth (no. transponders x bandwidth) =
\_\_\_\_\_\_ MHz

10c. Number of transponders offered on a noncommon carrier basis:
\_\_\_\_\_\_\_\_

10d. Total noncommon carrier transponder bandwidth = \_\_\_\_\_\_\_ MHz

11\. Orbit Type: \_\_\_\_ Geostationary Orbit \_\_\_\_ Non-Geostationary
Orbit

**[Orbital Information For Geostationary Satellites Only]{.underline}**

12\. Nominal Orbital Longitude (Degrees
E/W)\...\...\...\...\...\...\...\_\_\_\_\_\_\_\_ \_\_

12a. Alternate Orbital Locations (Degrees E/W)\...\_\_\_\_\_\_\_\_,
\_\_\_\_\_\_\_\_, \_\_\_\_\_\_\_, \_\_\_\_\_\_\_\_

13\. Longitudinal Tolerance or E/W Station-Keeping To
West\...\....\_\_\_\_\_\_\_\_ Degrees

14\. Longitudinal Tolerance or E/W Station-Keeping To
East\...\....\_\_\_\_\_\_\_\_ Degrees

15\. Inclination Excursion or N/S Station-Keeping
Tolerance\...\...\_\_\_\_\_\_\_\_ Degrees

16\. Visibility Arc (Degrees E/W): From
West\...\...\...\...\...\.....\_\_\_\_\_\_\_\_ \_\_

To East\...\...\...\...\...\...\....\_\_\_\_\_\_\_\_ \_\_

17\. Service Arc (Degrees E/W): From
West\...\...\...\...\...\.....\_\_\_\_\_\_\_\_ \_\_

To East\...\...\...\...\...\...\....\_\_\_\_\_\_\_\_ \_\_

**[Orbital Information For Non-Geostationary Satellites
Only]{.underline}**

18\. Total Number of Satellites in Network or
System\...\...\...\...\...\....\_\_\_\_\_\_\_\_\_\_

19\. Total Number of Orbital Planes in Network or
System\...\...\...\...\...\_\_\_\_\_\_\_\_\_\_

20\. Celestrial Reference Body (Earth, Sun, Moon,
etc.)\...\...\...\...\....\_\_\_\_\_\_\_\_\_\_

21\. For each Orbital Plane provide:

<table>
<colgroup>
<col style="width: 6%" />
<col style="width: 9%" />
<col style="width: 5%" />
<col style="width: 6%" />
<col style="width: 5%" />
<col style="width: 6%" />
<col style="width: 5%" />
<col style="width: 1%" />
<col style="width: 5%" />
<col style="width: 2%" />
<col style="width: 5%" />
<col style="width: 8%" />
<col style="width: 5%" />
<col style="width: 11%" />
<col style="width: 5%" />
<col style="width: 2%" />
<col style="width: 5%" />
</colgroup>
<tbody>
<tr class="odd">
<td><p>Orbital</p>
<p>Plane</p>
<p>Number</p></td>
<td>No. of Satel-lites in plane</td>
<td>Incli-nation Angle (Deg)</td>
<td colspan="4">Orbital Period</td>
<td colspan="2">Apogee (km)</td>
<td colspan="2">Perigee (km)</td>
<td colspan="2">Right Ascension of the Ascending Node (Deg)</td>
<td colspan="2">Argument of Perigee (Deg)</td>
<td colspan="2">Active Ser-vice Arc</td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td>Days</td>
<td>Hours</td>
<td>Minutes</td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
</tr>
</tbody>
</table>

**[22. Space Station Antenna Beam Characteristics]{.underline}** For
each antenna beam provide:

  ------ ------ ----------- ------- -- ----------- -- --------- -- ----------- -- -------------- -- --------- -- ------------- ------- ------------- --------- --- ---------- ---
  Beam   T/R    Isotropic              Point-ing      Antenna      Max.           Rec. System       G/T at       Minimum               Input                       Ser-vice   
  ID     Mode   Antenna                Error          Gain         Trans-mit      Noise             Maximum      Satura-tion           Attenu-ator                 Area ID    
                Gain                   (Deg.)         Contour      EIRP (dBW)     Temper-ature      Gain         Flux Density          (dB)                                   
                                                      Diagram                     (K)               Point        (dBW/m2)                                                     
                                                      (Figure                                       (dB/K)                                                                    
                                                      No.)                                                                                                                    

                Peak (dBi)  Edge                                                                                               Max.                  Step Size                
                            (dBi)                                                                                              Value                                          

                                                                                                                                                                              

                                                                                                                                                                              

                                                                                                                                                                              

                                                                                                                                                                              

                                                                                                                                                                              

                                                                                                                                                                              

                                                                                                                                                                              

                                                                                                                                                                              

                                                                                                                                                                              

                                                                                                                                                                              

                                                                                                                                                                              

                                                                                                                                                                              

                                                                                                                                                                              

                                                                                                                                                                              

                                                                                                                                                                              

                                                                                                                                                                              

                                                                                                                                                                              

                                                                                                                                                                              

                                                                                                                                                                              

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

**[23. Service Area(s) Characteristics]{.underline}** For each service
area provide:

  --------- ------------ ------------------- ----------- -- ------------------------- --
  Service   Type of      If communicating                   If communicating with     
  Area ID   Associated   with Earth Stations                Space Station(s), provide 
            Station                                         the name(s) of the        
            (Earth or                                       associated space          
            Space                                           station(s), and a         
            Station)                                        description of the        
                                                            orbit(s) and pointing     
                                                            geometry.                 

                         Service Area        Estimated                                
                         Description.        No. of                                   
                         Provide list of     Earth                                    
                         geographic areas    Stations in                              
                         (ITU 3-ltr codes)   the Service                              
                         or the Figure No.   Area                                     
                         of the Service Area                                          
                         Diagram.                                                     

                                                                                      

                                                                                      

                                                                                      

                                                                                      

                                                                                      

                                                                                      

                                                                                      

                                                                                      

                                                                                      

                                                                                      

                                                                                      

                                                                                      

                                                                                      

                                                                                      

                                                                                      

                                                                                      

                                                                                      

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

**[24. Space Station Transponders]{.underline}** For each transponder
provide:

  -------------- ----------- -------------- ----------- --------------- ------ ----------- ---------- --------------- --------------------- ------ --------
  Trans-ponder   Assigned    Trans-ponder   Receive                                        Transmit                                                
  ID             Bandwidth   Gain\* (dB)    Band                                           Band                                                    
                 (kHz)                                                                                                                             

                                            Frequency   Polar-ization   Beam   Frequency              Polar-ization   Output Power (W)      Beam   
                                            (MHz)                       ID     (MHz)                                                        ID     

                                                                                                                                                   

                                                                                                                                                   

                                                                                                                                                   

                                                                                                                                                   

                                                                                                                                                   

                                                                                                                                                   

                                                                                                                                                   

                                                                                                                                                   

                                                                                                                                                   

                                                                                                                                                   

                                                                                                                                                   

                                                                                                                                                   

                                                                                                                                                   

                                                                                                                                                   

                                                                                                                                                   

                                                                                                                                                   

                                                                                                                                                   

                                                                                                                                                   

                                                                                                                                                   

                                                                                                                                                   

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

\*Transponder gain between output of receiving antenna and input of
transmitting antenna.

**[25. Typical Emissions]{.underline}** For each planned type of
emission provide:

<table>
<colgroup>
<col style="width: 5%" />
<col style="width: 6%" />
<col style="width: 5%" />
<col style="width: 6%" />
<col style="width: 4%" />
<col style="width: 5%" />
<col style="width: 2%" />
<col style="width: 3%" />
<col style="width: 5%" />
<col style="width: 4%" />
<col style="width: 1%" />
<col style="width: 3%" />
<col style="width: 2%" />
<col style="width: 6%" />
<col style="width: 0%" />
<col style="width: 11%" />
<col style="width: 6%" />
<col style="width: 2%" />
<col style="width: 6%" />
<col style="width: 6%" />
</colgroup>
<tbody>
<tr class="odd">
<td><p>Asso-ciated</p>
<p>Trans-ponder</p>
<p>(ID Range)</p></td>
<td>Emission Designator</td>
<td>Emis-sion Band-width (kHz)</td>
<td colspan="9">Receive Band (Emission from Associated Transmitting
Station)</td>
<td colspan="7" rowspan="2">Transmit Band (Emission from This Space
Station)</td>
<td>Total Clear Sky C/N Objec-tive (dB)</td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td>Maximum Antenna Gain (dBi)</td>
<td colspan="3">Transmit Power (dBW)</td>
<td colspan="3">Power Density (dBW/Hz)</td>
<td colspan="2">EIRP (dBW)</td>
<td>EIRP Density (dBW/Hz)</td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td>Min.</td>
<td>Max.</td>
<td colspan="2">Min.</td>
<td>Max.</td>
<td colspan="2">Min.</td>
<td colspan="2">Max.</td>
<td colspan="2">Min.</td>
<td>Max.</td>
<td></td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td colspan="3"></td>
</tr>
</tbody>
</table>

In addition to the information required in this Form, the space station
applicant is required to provide all the information specified in
Section 25.114 of the Commission\'s rules, 47 C.F.R. § 25.114.

**Appendix D**

####### Proposed Revisions to Form 312

**FCC Form 312EZ Qualification Questions**

For purposes of this form, \"you\" are an applicant for an earth station
license. You must be able to answer YES to all of the following
questions in order to use this form 312EZ to file an earth station
application. If you cannot answer \"YES\" to any of the following
questions cannot be answered \"YES\", then you must use FCC Form 312.

**01.** **[Application, Frequency Bands, Satellites, and
Service:]{.underline}** Are you applying for a NEW earth station license
(*i.e.*, one that has not been previously licensed)? Will you operate
your proposed earth station ONLY within the C-band (3700-4200 MHz and
5925-6425 MHz) or Ku-band (11.7-12.2 GHz and 14.0-14.5 GHz)? Will you
operate your proposed earth station operate ONLY with U.S.-licensed or
Permitted List geostationary satellites? Will your proposed earth
station be a fixed earth station or temporary-fixed earth station that
will operate only in the Fixed Satellite Service on a non-Common Carrier
basis?

YES \_\_\_\_\_\_\_ NO \_\_\_\_\_\_

**02.** **[Rules and Waivers:]{.underline}** Does your proposed earth
station and its operation conform to all technical, procedural, and
operational requirements of the FCC Rules and Regulations (47 CFR) and
therefore requires NO waivers or exemptions from any of the
Commission\'s Rules?

YES \_\_\_\_\_\_\_ NO \_\_\_\_\_\_

**03.** **[Antenna Standard:]{.underline}** Do(es) your proposed
antenna(s) comply with the antenna gain standard specified in Section
25.209(a) and (b) as demonstrated by the manufacturer\'s qualification
measurements?

YES \_\_\_\_\_\_\_ NO \_\_\_\_\_\_

**04. [Power Levels:]{.underline}** Does your proposed earth station
operation conform with all routine power and power density rules
contained in Sections 25.211 and 25.212? YES \_\_\_\_\_\_\_ NO
\_\_\_\_\_\_

**05.** **[Frequency Coordination:]{.underline}** If you will operate
your proposed earth station in the C-band (3700-4200 MHz and 5925-6425
MHz), have you completed frequency coordination and attached Frequency
Coordination Report to this application? YES \_\_\_\_\_\_\_ NO
\_\_\_\_\_\_

**28. [Environmental Policy:]{.underline}** Do you certify that
Commission grant of any proposal in this application will **NOT** have a
significant environmental impact as defined by 47 CFR Section 1.1307?

> YES \_\_\_\_\_\_\_ NO \_\_\_\_\_\_

**06.** **[Radiation Hazard:]{.underline}** If you are asking for a
transmit/receive or transmit-only earth station license, has a Radiation
Hazard Study (refer to OET Bulletin 65) been completed and will this
Radiation Hazard Study be attached as an exhibit to this application?
YES \_\_\_\_\_\_\_ NO \_\_\_\_\_\_

**07[. FAA Notification:]{.underline}** Can you answer \"yes\" to one or
more of the following questions?

a\. Have you completed FCC Form 854?

b\. Have you attached an FAA study regarding the potential hazard of the
structure to aviation as an exhibit to this application?

c\. Can you certify that FAA notification is not required under 47 CFR
Part 17 and 47 CFR Section 25.113(c)? YES \_\_\_\_\_\_\_ NO \_\_\_\_\_\_

**29.** **[Alien Ownership:]{.underline}** Can you answer \"yes\" to all
of the following questions?

a\. Do you certify that you are not a foreign government or a
representative of a foreign government?

b\. Do you certify that you are not an alien, or the representative of
an alien?

c\. Do you certify that you are not a corporation organized under the
laws of any foreign government?

d\. Do you certify that you are not a corporation of which more than
one-fifth of the capital stock is owned of record or voted by aliens or
their representatives or by a foreign government or representative
thereof or by any corporation organized under the laws of a foreign
country?

e\. Do you certify that you are not a corporation directly or indirectly
controlled by any other corporation of which more than one-fourth of the
capital stock is owned of record or voted by aliens, their
representatives, or by a foreign government or representative thereof or
by any corporation organized under the laws of a foreign country? YES
\_\_\_\_\_\_\_ NO \_\_\_\_\_\_

**36. [Revoked or Denied Authorization:]{.underline}** Do you certify
that the applicant or any party to this application has NOT had any FCC
station authorization or license revoked or had any application for an
initial, modification or renewal of FCC station authorization, license
or construction permit denied by the Commission? YES \_\_\_\_\_\_\_ NO
\_\_\_\_\_\_

**37. [Felony Conviction:]{.underline}** Do you certify that neither nor
any party to this application, nor any party directly or indirectly
controlling your company, has EVER been convicted of a felony by any
state or federal court? YES \_\_\_\_\_\_\_ NO \_\_\_\_\_\_

**38. [Monopolizing Radio Communication:]{.underline}** Do you certify
that NO court has finally adjudged the applicant, or any person directly
or indirectly controlling the applicant, guilty of unlawfully
monopolizing or attempting unlawfully to monopolize radio communication,
directly or indirectly, through control of manufacture or sale of radio
apparatus, exclusive traffic arrangement or any other means or unfair
methods of competition? YES \_\_\_\_\_\_\_ NO \_\_\_\_\_\_

**39. [Pending Matters:]{.underline}** Do you certify that neither you
nor any person directly or indirectly controlling the applicant, is not
currently a party in any pending matter referred to in the preceding two
items? YES \_\_\_\_\_\_\_ NO \_\_\_\_\_\_

**41. [Denial of Federal Benefits:]{.underline}** Does the undersigned
certify that neither the applicant nor any other party to the
application is subject to a denial of Federal benefits that includes FCC
benefits pursuant to Section 5301 of the Anti-Drug Act of 1988, 21
U.S.C. Section 862, because of a conviction for possession or
distribution of a controlled substance? See 47 CFR Section 1.2002(b) for
the meaning of \"party to the application\" for these purposes. YES
\_\_\_\_\_\_\_ NO \_\_\_\_\_\_

**[\[Note:]{.underline} Questions 28, 29, 36, 37, 38, 39, and 40 are
related to questions with the same numbers on the Main Form of FCC Form
312.\]**

![](media/image13.png){width="6.561111111111111in"
height="8.389583333333333in"}

![](media/image14.png){width="6.51875in" height="8.295833333333333in"}

**APPENDIX E**

**Technical Analysis for Proposed VSAT Multiple Access Rules**

**I. Introduction**

In this Appendix, we explain how we derived the formula in our proposed
Section 25.134(a)(1). First, we address the Poisson distribution issue
raised in response to Spacenet\'s petition for declaratory ruling, and
then explain how we derived the formula from the Poisson distribution.
Subsequently, we explain how we derived the values for N specified in
Sections 25.134(a)(1)(i) through (iv).

**II. The Formula**

**A. Poisson Distribution**

In response to Spacenet\'s petition for declaratory ruling, ALOHA
Networks, Inc. claimed that Spacenet erred by basing its calculations on
a \"Poisson\" probability distribution rather than a binomial
probability distribution. The Bureau did not reach this issue in its
Order, but deferred to this proceeding.[^124] Strictly speaking, ALOHA
is not a Poisson process. However, because of low numbers, the large
number of anticipated VSAT remote stations (*e.g.* 5000 terminals), and
the probability P{k} of occurrence that five or more of those terminals
will be simultaneously transmitting is sufficiently small, the
characteristics of ALOHA approach the Poisson probability distribution.
Furthermore, the academic community has studied the Aloha access
technique, and it generally agrees that the Poisson probability
distribution is best suited to the Aloha access technique.[^125]

**B. Derivation of Formula**

Proposed Section 25.134(a)(1) is as follows:

> The maximum transmitter power spectral density of a digital modulated
> carrier into any GSO FSS earth station antenna shall not exceed
> -14.0 - 10\*log(N) dB(W/4 kHz).

Below, we first discuss our derivation of the \"-14\" term. We then
discuss our derivation of the 10\*log(N) term.

The -14 term is based on the Commission\'s routine licensing rules. In
the 1983 *Two Degree Spacing Order*, the Commission determined the
maximum power spectral density and minimum earth station antenna size
that would allow earth stations to communicate in the Ku-band with a
space station located as close as two degrees away from adjacent
satellite systems without causing unacceptable interference to those
adjacent satellite systems. Later, in the *1987 VSAT Order*, the
Commission\'s staff supplemented the conclusions of the *Two Degree
Spacing Order*, and found that the maximum power spectral density for
VSAT remote earth stations in the Ku-band consistent with a
two-degree-spacing environment is -14 dBW/4kHz. *See* 47 C.F.R. §
25.134(a); *1987 VSAT Order*, 2 FCC Rcd at 2150 (para. 9).

The 10\*log(N) term is derived from our conclusion that, when a number
of N earth stations are transmitting to the same space station, in the
same frequency band, at the same time, at the maximum power level
specified in our two-degree-spacing rules, the combined power radiated
to space would be N-fold of that by a single earth station transmitting
continuously by the Rule. As a result, in order to prevent these
simultaneous transmissions from causing unacceptable interference to
adjacent satellite systems in a two-degree-spacing environment, each
earth stations involved would have to reduce power spectral densities in
a equal share total to the same amount exceeds the rule limit. The
10\*log(N) term effectively divides the required total power density
reduction equally among the N earth stations emitting colliding
transmissions, so that when the transmissions collide, the total power
emission to space cannot exceed --14 dBW/4 kHz, our rule limit.

**III. The N Values**

**A. Summary of Multiple Access Techniques**

In summary, there are two types of multiple access techniques that have
been developed for VSAT networks. The first type is a \"reservation\"
technique, in which each transmitting earth station operates in a
preassigned or predetermined fashion. One example is TDMA, in which each
earth station operates only during predetermined times. The second type
is a \"contention\" technique, in which earth stations are allowed to
transmit randomly, and there is a possibility that transmissions will
collide. We discuss below all the current multiple access techniques and
the \"N\" value we plan to employ in our proposed formula for each
technique.

**B. Reservation TDMA**

Time division multiple access (TDMA) is the allocation or the use of the
full available bandwidth to every user in the network in sequence of a
limited amount of non-over lapping time, called a time slot, in a
specific time interval, called TDMA frame period. The summation of the
time slots is equal to the time frame period. This time-slotted
transmission provides interference isolation between the users within
the network. In other words, if we compare a VSAT network to several
people in a room, TDMA would assign a particular time for each person to
talk.

Proposed Section 25.134(a)(1)(i) sets N equal to 1 for TDMA networks.
Because TDMA guarantees that no more than one remote earth station will
transmit at any one time, there is no likelihood of simultaneous
transmissions. Therefore, there is no need to require remote earth
stations in a VSAT network using TDMA to reduce their power spectral
density. In other words, under conventional access techniques such as
TDMA (or FDMA), channels are pre-assigned or demand-assigned. This
scheme guarantees only one station can transmitting at a time. Thus, we
can define N=1, the maximum power spectral density for each earth
station to operate on is

-14 - 10\*log(N) = -14 - 10\*log(1)

= -14 - 0

= -14 \[dBW/4 kHz\]

**C. Reservation FDMA**

Frequency division multiple access (FDMA) is the allocation of a subband
of an available bandwidth to every user in the network. The summation of
all subbands is equal to the total available bandwidth. This band
segmentation provides the interference isolation between the users in
the network. If we compare a VSAT network to several people in a room,
FDMA would assign a particular part of the room to each person. Several
conversations could go on simultaneously because each conversation would
be limited to a particular part of the room.

Proposed Section 25.134(a)(1)(i) sets N equal to 1 for FDMA networks.
Because TDMA guarantees that no more than one remote earth station will
transmit at a given frequency band, there is no likelihood of
simultaneous transmissions. Thus, similar to TDMA, there is no need to
require remote earth stations in a VSAT network using TDMA to reduce
their power spectral density. In other words, under conventional access
techniques such as TDMA (or FDMA), channels are pre-assigned or
demand-assigned. This scheme guarantees only one station can
transmitting at a time. Thus, we can define N=1, the maximum power
spectral density for each earth station to operate on is

-14 - 10\*log(N) = -14 - 10\*log(1)

= -14 - 0

= -14 \[dBW/4 kHz\]

**D. Reservation CDMA**

In the code division multiple access (CDMA), the entire available
bandwidth is allocated to every user for all time. The interference
isolation among the users in a network is derived from the modulating
digital codes. The number of available distinct digital codes determines
the number of simultaneous users in a network. In the room analogy,
everyone is allowed to speak at any time, and anywhere in the room, but
everyone must use a different language. A listener can focus on one
speaker and hear that speaker clearly because other speakers using other
languages seem to be background noise.

In a VSAT network using CDMA, several remote earth stations transmit
simultaneously. Each transmission is spread over a wider bandwidth, and
is transmitted at reduced power. Using wider bandwidth allows each
transmission to carry more information. Using lower power levels allows
the VSAT network to transmit several messages at the same time without
causing interference into other satellite systems.

For VSAT networks using CDMA, proposed Section 25.134(a)(1)(ii) sets N
equal to the likely maximum number of earth stations transmitting
simultaneously in the same frequency band in the same satellite
receiving beam. Because CDMA allows N users to transmit signals
simultaneously on the same channel, we must ensure that the combining
total transmission power will not exceed the max power allowed by the
Rule. To prevent from excessive power being transmitted to the channel,
we require that total transmission power permitted be equally divided by
number of users (*e.g.*, N users). As a result, the max power spectral
density for each transmitting station is

> -14-10\*log(N) \[dBW/4 kHz\]

This ensures that the VSAT network as a whole reduces its power spectral
density by 3 dB regardless of the number of remote earth stations
transmitting simultaneously.

**E. TDMA/Aloha**

Aloha is a random TDMA system. The avoidance of transmission collision
(*i.e.*, avoiding mutual interference) depends on the short duration of
the transmission and the infrequent activation of transmission. In the
room analogy, the people are allowed speak whenever they want, wherever
they want, and they all speak the same language. There will be occasions
when two people speak at the same time, but based on statistical
probability studies, it can be assumed that it will not happen very
often if the number of people allowed to speak at the same time is kept
within a certain limit.

In other words, this is a variation of the TDMA multiple access
technique, with a contention protocol (ALOHA), which implies that the
channel, or the time slot, is not reserved. First, because this is a
variation of TDMA, we know that during its time slot, the user acquires
the full band and does not share the bandwidth with anyone else.
Therefore, N = 1, and the reduction of the first part is

> -10\*log(N) = -10\*log(1) = 0 \[dB\]

Second, under the conditions proposed by the Spacenet (Poisson
distribution with 38% channel load), we determine that a smaller than 1%
probability of carrier collision would be acceptable as a good tradeoff.
Based on this condition, we found that likelihood of two-station (N=2)
colliding is greater than 1% and therefore, a power spectral density
adjustment is required. Thus,

> -10\*log(N) = -10\*log(2) = -3 \[dB\]

Combining the two parts, we obtain max power spectral density for each
station in TDMA/ALOHA scheme is

> -14 + 0 + (-3) = -17 \[dBW/4 kHz\]

To summarize, proposed Section 25.134(a)(1)(iii) sets N equal to 2 for
VSAT networks using the Aloha multiple access technique. There is a
statistically significant probability of two remote earth stations
transmitting simultaneously, but the probability of three or more earth
stations transmitting simultaneously is not statistically significant.
Setting N equal to two ensures that the power spectral density of two
remote earth stations is reduced by 3 dB when those two earth stations
are transmitting simultaneously.

**F. CDMA/Aloha**

A VSAT network could also use a combination of the CDMA and Aloha
multiple access techniques. In other words, transmissions could be given
codes to distinguish them from most other transmissions, and the VSAT
network could rely on Aloha-type statistical calculations to keep
simultaneous transmissions of signals with the same code within
acceptable limits.

We start here as we started in Section III.E. of this Appendix. All
users, N, can transmit simultaneously, so the adjustment for CDMA is

> -10\*log(N) \[dB\]

For the second part, again as it is a contention scheme and we found
under the Spacenet's proposed condition, the likelihood of two-station
(N=2) collision is greater than 1% margin. Therefore, the adjustment for
this is

> -10\*log(N) = -10\*log(2) \[dB\]
>
> Combining the two parts, we have
>
> -14 --10\*log(N) -- 10\*log(2) = -14 -- (10\*log(N) + 10\*log(2))
>
> = -14 -- 10\*log(2\*N)
>
> where N is the intended number of simultaneous transmission.

Based on these calculations, our proposed Section 25.134(a)(1)(iv) sets
N equal to two times the likely maximum number of co-frequency
simultaneously transmitting earth stations in the same
satellite-receiving beam without contention. In other words, this is two
for the simple Aloha technique times the N for the CDMA technique in
proposed Section 25.134(a)(1)(ii). This ensures that the VSAT network as
a whole reduces its power spectral density by 3 dB, regardless of the
number of remote earth stations transmitting simultaneously.

**APPENDIX F**

**Adoption of Current Power Limits**

In 1986, the Commission adopted a routine licensing procedure and
technical standards for VSAT networks in our *VSAT Order*.[^126] The
diameter the of hub station antenna employed at the time the *1986 VSAT
Order* was 5 meters or larger. The identical remote antennas were 1.2
meters or larger.[^127] We established a maximum outbound downlink EIRP
spectral density of +6.0 dBW/4 kHz, a maximum input power spectral
density into the VSAT antenna of ‑14 dBW/4 kHz and a maximum hub EIRP of
78.3 dBW for operation in a digital VSAT network.[^128]

A routine licensing procedure and technical standards were adopted for
small earth stations providing full transponder service and analog
narrowband single channel per carrier (SCPC) services in the *1987 VSAT
Order*.[^129] The *1987 VSAT Order* established a maximum downlink EIRP
power spectral density of +13.0 dBW/4 kHz and a maximum input power
spectral density limit of ‑8.0 dBW/4 kHz with a bandwidth of 200 kHz
into a 1.2‑meter Ku‑band antenna.[^130]

In the *1996 Streamlining Order*, the Commission extended the maximum
input power limits of Section 25.212 to all other FSS earth stations,
regardless of antenna size and signal bandwidth.[^131] Under the present
rules for Ku-band satellite communications, we authorize earth station
antennas 1.2 meters or larger for SCPC services if the maximum power
spectral density into the antenna does not exceed +8 dBW/4 kHz in a
narrowband analog SCPC carrier, and --14 dBW/4 kHz in a narrowband or
wideband digital carrier.[^132] Also, under the present rules for C-band
communications, we authorize earth station antennas 4.5 meters or larger
for SCPC services if the maximum power spectral density into the antenna
does not exceed +0.5 dBW/4 kHz in a narrowband analog SCPC carrier, and
--2.7 dBW/4 kHz in a narrowband or wideband digital SCPC carrier.[^133]
The power limits for full transponder service are contained in Section
25.211(d).

**APPENDIX G**

**Initial Regulatory Flexibility Analysis**

As required by the Regulatory Flexibility Act (RFA),[^134] 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 Notice of Proposed Rulemaking.
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 of Proposed
Rulemaking provided above in Section IX. The Commission will send a copy
of the Notice of Proposed Rulemaking, including this IRFA, to the Chief
Counsel for Advocacy of the Small Business Administration. *See* 5
U.S.C. § 603(a). In addition, the Notice of Proposed Rulemaking and IRFA
(or summaries thereof) will be published in the Federal Register.

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

The Telecommunications Act of 1996 requires the Commission in every
even-numbered year beginning in 1998 to review all regulations that
apply to the operations or activities of any provider of
telecommunications service and to determine whether any such regulation
is no longer necessary in the public interest due to meaningful economic
competition.

Our objective is to repeal or modify any rules in Part 61 that are no
longer necessary in the public interest, as required by Section 11 of
the Communications Act of 1934, as amended.

**B. Legal Basis**

The proposed action is supported by Section 11 of the Communications Act
of 1934, as amended, 47 U.S.C. § 161.

**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 the proposed rules, if adopted.[^135] The RFA generally
defines the term \"small entity \" as having the same meaning as the
terms \"small business,\" \"small organization,\" and \"small
governmental jurisdiction.\"[^136] In addition, the term \"small
business\" has the same meaning as the term \"small business concern\"
under the Small Business Act.[^137] 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).[^138] A small
organization is generally \"any not-for-profit enterprise which is
independently owned and operated and is not dominant in its
field.\"[^139] Nationwide, as of 1992, there were approximately 275,801
small organizations.[^140] \"Small governmental jurisdiction\" generally
means \"governments of cities, counties, towns, townships, villages,
school districts, or special districts, with a population of less than
50,000.\"[^141] As of 1992, there were approximately 85,006 such
jurisdictions in the United States.[^142] This number includes 38,978
counties, cities, and towns; of these, 37,566, or 96 percent, have
populations of fewer than 50,000.[^143] The Census Bureau estimates that
this ratio is approximately accurate for all governmental entities.
Thus, of the 85,006 governmental entities, we estimate that 81,600 (91
percent) are small entities. Below, we further describe and estimate the
number of small entity licensees that may be affected by the proposed
rules, if adopted.

[1. Cable Services]{.underline}. The SBA has developed a definition of
small entities for cable and other pay television services, which
includes all such companies generating \$11 million or less in revenue
annually. This definition includes cable systems operators, closed
circuit television services, direct broadcast-satellite services,
multipoint distribution systems, satellite master antenna systems and
subscription television services. According to the Census Bureau data
from 1992, there were 1,788 total cable and other pay television
services and 1,423 had less than \$11 million in revenue. The Commission
has developed its own definition of a small cable system operator for
the purposes of rate regulation. Under the Commission\'s rules, a
\"small cable company,\" is one serving fewer than 400,000 subscribers
nationwide[^144]. Based on our most recent information, we estimate that
there were 1,439 cable operators that qualified as small cable system
operators at the end of 1995[^145]. Since then, some of those companies
may have grown to serve over 400,000 subscribers, and others may have
been involved in transactions that caused them to be combined with other
cable operators. Consequently, we estimate that there are fewer than
1,439 small entity cable system operators.

The Communications Act also contains a definition of a small cable
system operator, which is \"a cable operator that, directly or through
an affiliate, serves in the aggregate fewer than 1 percent of all
subscribers in the United States and is not affiliated with any entity
or entities whose gross annual revenues in the aggregate exceed
\$250,000,000.\"[^146] The Commission has determined that there are
66,690,000 subscribers in the United States. Therefore, we found that an
operator serving fewer than 666,900 subscribers shall be deemed a small
operator, if its annual revenues, when combined with the total annual
revenues of all of its affiliates, do not exceed \$250 million in the
aggregate.[^147] Based on available data, we find that the number of
cable operators serving 666,900 subscribers or less totals 1,450.[^148]
We do not request nor do we collect information concerning whether cable
system operators are affiliated with entities whose gross annual
revenues exceed \$250,000,000, and thus are unable at this time to
estimate with greater precision the number of cable system operators
that would qualify as small cable operators under the definition in the
Communications Act.

2\. [International Services]{.underline}. The Commission has not
developed a definition of small entities applicable to licensees in the
international services. Therefore, the applicable definition of small
entity is generally the definition under the SBA rules applicable to
Communications Services, Not Elsewhere Classified (NEC).[^149] This
definition provides that a small entity is expressed as one with \$11.0
million or less in annual receipts.[^150] According to the Census
Bureau, there were a total of 848 communications services providers,
NEC, in operation in 1992, and a total of 775 had annual receipts of
less than \$9.999 million.[^151] The Census report does not provide more
precise data.

> [a. Fixed Satellite Transmit/Receive Earth Stations]{.underline}.
> Currently there are over 7500 authorized fixed satellite
> transmit/receive earth stations authorized for use in bands shared
> with the terrestrial fixed service. We do not request or collect
> annual revenue information, and thus are unable to estimate the number
> of the earth stations that would constitute a small business under the
> SBA definition.
>
> [b. Mobile Satellite Earth Station Feeder Links.]{.underline} There
> are two licensees operating in spectrum shared with terrestrial fixed
> services. We do not request or collect annual revenue information, and
> thus are unable to estimate of the number of mobile satellite earth
> stations that would constitute a small business under the SBA
> definition.
>
> [c. Space Stations (Geostationary).]{.underline} Commission records
> reveal that there are six space station licensees licensed in spectrum
> shared on a co-primary basis with the terrestrial fixed service in the
> C- and Ku-bands. We do not request or collect annual revenue
> information, and thus are unable to estimate of the number of
> geostationary space stations that would constitute a small business
> under the SBA definition.
>
> [d. Space Stations (Non‑Geostationary)]{.underline}. There are four
> Non‑Geostationary Space Station licensees licensed in spectrum shared
> on a co-primary basis with the terrestrial fixed service in the C- and
> Ku-bands. We do not request or collect annual revenue information, and
> thus are unable to estimate of the number of non‑geostationary space
> stations that would constitute a small business under the SBA
> definition.

[3. Auxiliary, Special Broadcast and other program distribution
services.]{.underline} This service involves a variety of transmitters,
generally used to relay broadcast programming to the public (through
translator and booster stations) or within the program distribution
chain (from a remote news gathering unit back to the station). The
Commission has not developed a definition of small entities applicable
to broadcast auxiliary licensees. Therefore, the applicable definition
of small entity is the definition under the Small Business
Administration (SBA) rules applicable to radio broadcasting stations
(SIC 4832) and television broadcasting stations (SIC 4833). These
definitions provide that a small entity is one with either \$5.0 million
or less in annual receipts for a radio broadcasting station or \$10.5
million in annual receipts for a TV station. 13 C.F.R. § 121.201, SIC
CODES 4832 and 4833. There are currently 3,237 FM translators and
boosters, 4913 TV translators.[^152] The FCC does not collect financial
information on any broadcast facility and the Department of Commerce
does not collect financial information on these auxiliary broadcast
facilities. We believe, however, that most, if not all, of these
auxiliary facilities could be classified as small businesses by
themselves. We also recognize that most translators and boosters are
owned by a parent station which, in some cases, would be covered by the
revenue definition of small business entity discussed above. These
stations would likely have annual revenues that exceed the SBA maximum
to be designated as a small business (as noted, either \$5 million for a
radio station or \$10.5 million for a TV station). Furthermore, they do
not meet the Small Business Act\'s definition of a \"small business
concern\" because they are not independently owned and operated.

[4. Microwave Services.]{.underline} Microwave services include common
carrier, private operational fixed, and broadcast auxiliary radio
services. At present, there are over 13,500 common carrier stations, and
approximately 18,000 private operational fixed stations and broadcast
auxiliary radio stations in the microwave services in spectrum that is
potentially affected by this rulemaking. Additionally, these stations
represent the following distinct licensees among the various radio
services: LMDS (121), DEMS (2), Common Carrier Fixed (PTP and LTTS)
(1028), Private Operational Fixed PTP (1511), and Fixed Broadcast
Auxiliary (806).[^153] Inasmuch as the Commission has not yet defined a
small business with respect to microwave services, we will utilize the
SBA\'s definition applicable to radiotelephone companies ‑‑ *i.e.,* an
entity with no more than 1,500 persons. 13 C.F.R. § 121.201, SIC CODE
4812. We estimate, for this purpose, that all of the Fixed Microwave
licensees (excluding broadcast auxiliary licensees) would qualify as
small entities under the SBA definition for radiotelephone companies.

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

None of the proposed rules in this notice are expected to increase the
reporting, record keeping and other compliance requirements of any
telecommunications carrier.

**E. Steps Taken to Minimize Significant Economic Impact on Small
Entities,**

**and Significant Alternatives Considered**

The RFA requires an agency to describe any significant alternatives that
it has considered in reaching its proposed approach, which may include
the following four alternatives: (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 or
reporting requirements under the rule for small entities; (3) the use of
performance, rather than design, standards; and (4) an exemption from
coverage of the rule, or any part thereof, for small entities.

This Notice solicits comment on alternatives for more efficient
processing of non-routine earth station applications and simplifying
earth station application forms.

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

None.

[^1]: ^?^ 47 U.S.C. § 161.

[^2]: ^?^ 47 U.S.C. § 161(a).

[^3]: ^?^ 47 U.S.C. § 161(b).

[^4]: Federal Communications Commission Biennial Regulatory Review 2000,
    CC Docket No. 00-175, Staff Report (released Sept. 19, 2000) (*2000
    Biennial Review Staff Report*). In response to the *2000 Biennial
    Review Staff Report*, Hughes Network Systems (Hughes) made a number
    of recommendations. In this *Notice*, we invite comment on all
    Hughes\' suggestions except one regarding the preemption of zoning
    regulations. Hughes Comments in Response to *2000 Biennial Review
    Staff Report* at 4-5. The Commission has already addressed that
    issue in another proceeding. Promotion of Competitive Networks in
    Local Telecommunications Markets, WT Docket No. 99-217 (released
    Oct. 25, 2000).

[^5]: 47 U.S.C. § 301.

[^6]: ^?^ Amendment of Part 25 of the Commission\'s Rules and
    Regulations to Reduce Alien Carrier Interference Between
    Fixed-Satellites at Reduced Orbital Spacing and to Revise
    Application Processing Procedures for Satellite Communications
    Services, First Report and Order, CC Docket No. 86-496, 6 FCC Rcd
    2806 (1991); Streamlining the Commission\'s Rules and Regulations
    for Satellite Application and Licensing Procedures, Report and
    Order, IB Docket No. 95-117, 11 FCC Rcd 21581 (1996) (*1996
    Streamlining Order*).

[^7]: Commission Launches Earth Station Streamlining Initiative, Public
    Notice, DA 99-1259 (released June 25, 1999) (*Ka-band Auto-grant
    Public Notice*).

[^8]: 47 C.F.R. § 25.203(b). *See also* 47 C.F.R. § 25.277(c), (d), (e)
    (temporary fixed earth station operators in shared bands must
    coordinate with terrestrial wireless operators before beginning
    transmissions).

[^9]: *See* Mobile Satellite-Based Communications Services by Crescomm
    Transmission Services, Inc. and Qualcomm Incorporated, Order, 11 FCC
    Rcd 10944, 10948 (para. 10) (Int\'l Bur. and OET, 1996) (operations
    in the C-band \"cannot tolerate\" harmful interference).

[^10]: By a \"routine\" earth station application, we mean an
    application for authority to operate consistently with the technical
    specifications of Part 25. *See* Amendment of the Commission\'s
    Regulatory Policies to Allow Non-U.S.-Licensed Space Stations to
    Provide Domestic and International Satellite Service in the United
    States, First Order on Reconsideration, IB Docket No. 96-111, 15 FCC
    Rcd 7207, 7213 n.30 (1999) (*DISCO II First Reconsideration Order*).

[^11]: Western Union Telegraph Company, 38 FCC 2d 1197 (1973); Comsat
    General Corporation, 42 FCC 2d 677 (1973).

[^12]: *See* Assignment of Orbital Locations to Space Stations in the
    Domestic Fixed-Satellite Service, Memorandum Opinion and Order, 84
    FCC 2d 584, 606 (para. 56).

[^13]: Licensing of Space Stations in the Domestic Fixed-Satellite
    Service and Related Revisions of Part 25 of the Rules and
    Regulations, Report and Order, CC Docket No. 81-704, FCC 83-184, 54
    Rad. Reg. 2d 577 (released Aug. 16, 1983); Licensing Space Stations
    in the Domestic Fixed-Satellite Service, 48 F.R. 40233 (Sept. 6,
    1983) (*Two Degree Spacing Order*).

[^14]: 47 C.F.R. Part 25.

[^15]: This process is the Adjacent Satellite Interference Analysis
    (ASIA). We discuss ASIA in detail below.

[^16]: 47 C.F.R. § 2.1.

[^17]: We note that \"small\" antennas are currently coordinated by
    frequency coordinators on a regular basis and the report of this
    coordination is required to be submitted by the earth station
    applicant. *See* 47 C.F.R. § 25.203(b). Our proposals here do not
    change this requirement, and, therefore, we do not believe there is
    any increased risk of interference to terrestrial wireless systems
    in frequency bands shared with FSS earth stations.

[^18]: *Two Degree Spacing Order*, 54 Rad. Reg. 2d at 605 (para. 93).

[^19]: Although an antenna 1.2 meters in diameter does not fit within
    the envelope established in Section 25.209(a)(1) between 1º and
    1.25° off-axis, the Commission found that this slight failure to
    meet the Commission\'s antenna gain standards does not generally
    cause unacceptable interference, and therefore created an exception
    for 1.2-meter antennas operating in the Ku-band. Specifically, the
    side lobe envelope for a 1.2 meter antenna operating in the Ku-band
    was revised to begin at 1.25º off-axis. *See* 47 C.F.R. § 25.209(g);
    Amendment of Part 25 of the Commission\'s Rules and regulations to
    Reduce Alien Carrier Interference Between Fixed-Satellites at
    Reduced Orbital Spacings and to Revise Application Processing
    Procedures for Satellite Communications Services, Second Report and
    Order and Further Notice of Proposed Rulemaking, CC Docket No.
    86-496, 8 FCC Rcd 1316, 1322 (paras. 38-39) (1993).

[^20]: FWCC Request for Declaratory Ruling on Partial-Band Licensing of
    Earth Stations in the Fixed-Satellite Service that Share Terrestrial
    Spectrum, Notice of Proposed Rulemaking, IB Docket No. 00-203, FCC
    00-369 (released Oct. 24, 2000) (*FWCC/Onsat NPRM*). The *FWCC/Onsat
    NPRM* seeks comment on codifying rules and establishing fees
    governing blanket licensing in the C-band.

[^21]: 47 C.F.R. § 25.212(d).

[^22]: 47 C.F.R. §25.209(f).

[^23]: The ASIA computer program and interference assessment methodology
    is cited in Section 25.134(b) of our Rules. The ASIA program and
    methodology was originally employed to analyze the impact of 2°
    orbital spacings in the C and Ku bands in Appendices B and C of the
    *Two Degree Spacing Order*.

[^24]: Conducting an interference assessment using the ASIA program
    requires the collection of very specific modulation and link budget
    parameters for all of the communication links being analyzed.
    Parameters such as modulation indices, baseband frequencies, data
    and error correction coding rates, noise temperatures, antenna
    gains, powers, and sometimes carrier frequency plans are required
    for the interfering and desired communication links. Once these
    parameters are collected, the ASIA computer program computes
    carrier-to-interference (C/I) ratios between the desired and
    interfering links. Such detailed parameters are not collected in the
    earth station licensing process and are generally available only
    from the individual satellite system operators.

[^25]: *See* Hughes Comments in Response to *2000 Biennial Review Staff
    Report* at 1-2 (procedures for non-routine antenna applications are
    burdensome).

[^26]: Hughes Comments in Response to *2000 Biennial Review Staff
    Report* at 2-3.

[^27]: EIRP is the product of the power supplied to the antenna and the
    antenna gain in a given direction relative to an isotropic antenna.
    47 C.F.R. § 2.1.

[^28]: ^?^ \"ALSAT\" means \"all U.S.-licensed space stations.\"
    Originally, under an ALSAT earth station license, an earth station
    operator providing fixed-satellite service in the conventional C-
    and Ku-bands could access any U.S. satellite without additional
    Commission action, provided that those communications are in
    accordance with the same technical parameters and conditions
    established in the earth stations\' licenses. *See DISCO II First
    Reconsideration Order*, 15 FCC Rcd at 7210-11 (para. 6). The *DISCO
    II First Reconsideration Order* expanded ALSAT earth station
    licenses to permitted access to any satellite on the Permitted List.
    *DISCO II First Reconsideration Order*, 15 FCC Rcd at 7215-16 (para.
    19).

[^29]: Appendix A of this Notice discusses our calculations related to
    antenna diameter.

[^30]: We anticipate that this procedure would apply only to antennas
    that comply with all the applicable power level and other technical
    requirements in Part 25.

[^31]: Our experience with nonconforming earth stations operations
    demonstrates that, if coordination is completed with adjacent
    satellite operations plus or minus six degrees of the satellite that
    is accessed, the potential for unacceptable adjacent satellite
    interference is significantly reduced.

[^32]: 47 C.F.R. § 25.132(a).

[^33]: 47 C.F.R. § 25.132(b)(1).

[^34]: 47 C.F.R. § 25.210(j)(1) (space stations must be designed with
    the capability of being maintained in orbit within 0.05° of their
    assigned orbital longitude).

[^35]: 47 C.F.R. §§ 25.210(j)(2), (3).

[^36]: *Two Degree Spacing Order*, 54 Rad. Reg. 2d at 605-06 (para. 95).
    Operation of such small antennas, however, must also conform to our
    power and power density standards established in Sections 25.211 and
    25.212. These very small antennas will most likely carry only
    narrowband traffic, as they may not provide an adequate noise margin
    for full transponder traffic.

[^37]: Other sources of isolation are frequency offset between carrier
    channels and cross-polarization. Satellite radio waves can be
    oriented, or \"polarized,\" in several ways, including parallel to
    the equatorial plane of the earth, and perpendicular to the earth\'s
    equatorial plane. Under certain technical conditions, horizontally
    polarized transmissions will not interfere with vertically polarized
    transmissions while they are transmitted simultaneously. When both
    senses of polarization are transmitted simultaneously, the signals
    are \"cross-polarized.\" The Commission\'s rules require satellites
    to be designed to transmit cross-polarized signals to promote
    spectrum efficiency. 47 C.F.R. § 25.210(i).

[^38]: INTELSAT satellites are generally spaced at least 2.5° away from
    non-INTELSAT satellites. However, the Commission recently granted
    INTELSAT waivers of several 2° spacing rules. *See* INTELSAT LLC,
    Memorandum Opinion, Order, and Authorization, FCC 00-287 (released
    Aug. 8, 2000) (*INTELSAT Order*).

[^39]: Several U.S. satellites located in the eastern part of the
    orbital arc (*i.e.*, east of approximately 105º W.L.), are adjacent
    to South American satellites located 1º or less away. Moreover,
    while U.S. satellites located in the western part of the
    geostationary orbital arc (*i.e.*, west of approximately 120º W.L.)
    are generally not currently interleaved with foreign satellites,
    they may become interleaved in the future as South American nations
    bring more satellites into operation.

[^40]: In other words, when the Administrations originally coordinated
    use of the geostationary arc over the Americas, South American
    satellites, namely, served only the Southern Hemisphere, while U.S.
    satellites served only the Northern Hemisphere. Geographic isolation
    is accomplished by isolating satellite antenna coverage areas or
    \"footprints.\" The magnitude of satellite antenna pattern isolation
    depends upon where the service area for the other satellite network
    is located. For example, a satellite serving Argentina will provide
    more isolation to a satellite network serving the United States than
    will a satellite serving Venezuela because the satellite coverage
    areas are further separated from those of satellites serving the
    United States. Likewise, an earth station located in Kansas will
    have more isolation from a satellite serving South America than an
    earth station located in Puerto Rico based on earth station or space
    station antenna isolation. This arrangement permitted 1° spacing
    between the U.S. and non-U.S. satellites.

[^41]: *See* Onsat Petition, Exhibit B.

[^42]: 47 C.F.R. §§ 25.134 (VSAT networks), 25.211 (video
    transmissions), 25.212 (narrowband transmissions).

[^43]: *See* 47 C.F.R. §25.134(b).

[^44]: We explain above that an ALSAT earth station license authorizes
    the earth station to communicate with all U.S. licensed satellites
    and all non-U.S.-licensed satellites on the Permitted List.

[^45]: This ten-day deadline assumes that there are no other defects in
    the application that warrant denial or dismissal of the application.

[^46]: *See* Appendix B. Random access techniques are used primarily in
    VSAT systems. We discuss them in more detail in Section V.B. and
    Appendix E of this Notice.

[^47]: 47 C.F.R. §§ 25.134, 25.211, 25.212.

[^48]: *See 1987 VSAT Order*, 2 FCC Rcd at 2149 (para. 2).

[^49]: *See 1987 VSAT Order*, 2 FCC Rcd at 2150 (para. 8).

[^50]: 47 U.S.C. § 309(b)(2).

[^51]: 47 C.F.R. § 25.277(c), (d), (e).

[^52]: 47 C.F.R. § 25.121.

[^53]: The Establishment of Policies and Service Rules for the Mobile
    Satellite Service in the 2 GHz Band, Report and Order, IB Docket No.
    99-81, FCC 00-302 (released Aug. 25, 2000) at para. 101 n.359,
    *citing* Telecommunications Act of 1996, Pub. L. No. 104-104, Title
    II, § 203, 110 Stat. 56, 112 (1996) (amending Section 307 of the
    Communications Act to eliminate ten-year term and creating new
    Section 307(c)(1) granting the Commission authority to determine
    licenses for particular classes of stations, including satellite
    space and earth stations).

[^54]: 47 C.F.R. § 25.133(a).

[^55]: Originally, the Commission required VSAT operators to construct
    their networks within four years, but later eliminated that
    requirement in the *1996 Streamlining Order*, 11 FCC Rcd at 21592
    (para. 26).

[^56]: 47 C.F.R. § 25.134(d).

[^57]: 47 C.F.R. § 23.1.

[^58]: Amendment of Part 23 of the Commission\'s Rules and Regulations,
    International Fixed Public Radiocommunications Services, Report and
    Order, Docket No. 19073, FCC 73-859, 28 Rad. Reg. 2d 313 (released
    Aug. 15, 1973).

[^59]: Our records show that the only IFPRS providers still in operation
    are AT&T of the Virgin Islands, Inc., Broadcast Media Satellite,
    Inc.; and Interisland Telephone Corporation.

[^60]: ^?^ Routine Licensing of Large Networks of Small Antenna Earth
    Stations Operating in the 12/14 GHz Frequency Bands, 51 Fed. Reg.
    15067 (Apr. 22, 1986) (*1986 VSAT Order*). *See also* 47 C.F.R.
    §25.134(a).

[^61]: *See* Spacenet Petition at 5-7. The Bureau recently denied
    Spacenet\'s petition for declaratory ruling because Sections
    25.134(a) and (b) specify maximum input power density limits for
    each earth station in a VSAT network. 47 C.F.R. § 25.134(a), (b).
    When signals from two or more earth stations collide, the resulting
    power level exceeds the limits specified in Sections 25.134(a) and
    (b), and so the Aloha method, and variants such as slotted Aloha,
    cannot be construed to comply with the letter of Section 25.134 if
    each terminal transmits at the maximum power density limit. The
    Bureau, however, concluded that Spacenet adequately showed that its
    slotted Aloha method may not cause unacceptable interference to
    other satellite systems. Accordingly, the Bureau granted Spacenet
    and other VSAT operators that employ various multiple access
    techniques a waiver of Section 25.134 for purposes of continuing to
    use existing multiple access methods while this rulemaking is
    pending. Petition of Spacenet, Inc. for a Declaratory Ruling that
    Section 25.134 of the Commission\'s Rules Permits VSAT Remote
    Stations in the Fixed Satellite Service to Use Network Access
    Schemes that Allow Statistically Infrequent Overlapping
    Transmissions of Short Duration, or, in the Alternative, For
    Rulemaking to Amend that Section, RM-9864, Order, DA 00-2664 (Int\'l
    Bur., released Dec. 7, 2000) (*Spacenet Order*), at para. 5.

[^62]: The rule recommended by Spacenet would require the probability P
    of k stations transmitting, for k greater than 1, to be below the
    limit defined P\[k\] = (0.38^k^/k!)\*e^(-0.38)^. Spacenet Petition
    at 9. Hughes also recommended addressing issues raised by the Aloha
    multiple access technique. Hughes Comments in Response to *2000
    Biennial Review Staff Report* at 4.

[^63]: Spacenet Petition at 7.

[^64]: Spacenet Petition at 6 n.7.

[^65]: Hughes Comments at 4-5.

[^66]: *Spacenet Order* at para. 10.

[^67]: *Spacenet Order* at para. 13-14.

[^68]: *See* 47 C.F.R. §25.138(a), *adopted in* Redesignation of the
    17.7-19.7 GHz Frequency Band, Blanket Licensing of Satellite Earth
    Stations in the 17.7-20.2 GHz and 27.5-30.0 GHz Frequency Bands, and
    the Allocation of Additional Spectrum in the 17.3-17.8 GHz and
    24.75-25.25 GHz Frequency Bands for Broadcast Satellite Service Use,
    Report and Order, IB Docket No. 98-172, FCC 00-212 (released June
    22, 2000) (*18 GHz Order*) (*petition for review pending*).

[^69]: *See* Appendix E.

[^70]: *See Spacenet Order* at App. A.

[^71]: In the *FWCC/Onsat NPRM*, we sought comment on revisions to
    Section 25.134 separate from the revisions we propose here. It is
    confusing to try to include the proposed revisions in the
    *FWCC/Onsat NPRM* in our proposed rules in this proceeding.
    Accordingly, in Appendix B to this Notice, we state our rule
    revisions we propose in this proceeding as revisions to the current
    Section 25.134.

[^72]: *FWCC/Onsat NPRM* at paras. 84-96.

[^73]: For example, a VSAT network consisting of one fixed hub station,
    one temporary fixed hub station, one 1.2 meter fixed remote variant,
    and one 1.2 meter temporary fixed remote variant should be reported
    as four separate sites on Schedule B of Form 312. Even if the same
    make and model of antenna and transmitter equipment are used in
    fixed and temporary fixed variants within the VSAT network, each
    variant should be reported as a separate site.

[^74]: *See* 47 C.F.R. § 25.134(a), (b).

[^75]: *FWCC/Onsat NPRM* at para. 66.

[^76]: 47 C.F.R. § 25.115(c).

[^77]: ^?^ Amendment to the Commission\'s Regulatory Policies Governing
    Domestic Fixed Satellites and Separate International Satellite
    Systems, Report and Order, IB Docket No. 95-41, 11 FCC Rcd 2429
    (1996) (*DISCO I*). International service is service to or from
    points in the United States to or from points outside of the United
    States.

[^78]: Amendment of the Commission\'s Regulatory Policies to Allow
    Non-U.S. Licensed Satellites Providing Domestic and International
    Service in the United States, Report and Order, IB Docket No.
    96-111, 12 FCC Rcd 24094 (1997) (*DISCO II*).

[^79]: We use the definition of \"United States\" in Section 3(51) of
    the Communications Act, 47 U.S.C. § 153(51), which includes U.S.
    territories.

[^80]: The Alaska Bush network is a large network of technically similar
    earth stations that provide digital telephony to many remote
    villages in Alaska.

[^81]: The National Public Radio (NPR) network is a large network of
    technically similar earth stations that provide for the collection
    and distribution of broadcast quality analog audio programming. The
    individual earth stations operating in the network are licensed to
    the various radio stations and universities that comprise the NPR
    network.

[^82]: Onsat requested authority to license a VSAT network to operate in
    the C-band. In the *FWCC/Onsat NPRM*, we called such networks
    \"CSAT\" networks to distinguish them from existing VSAT operations
    in the Ku-band. *FWCC/Onsat NPRM* at para. 13.

[^83]: *FWCC/Onsat NPRM* at para. 66.

[^84]: *See* 47 C.F.R. § 25.138; *18 GHz Order* at paras. 87-88.

[^85]: Service Rules for the 746-764 and 776-794 MHz Bands, and
    Revisions to Part 27 of the Commission\'s Rules, Second Report and
    Order, WT Docket No. 99-168, 15 FCC Rcd 5299 (2000).

[^86]: *1996 Streamlining Order*, 11 FCC Rcd at 21598 (para. 40).

[^87]: By \"routine,\" we mean consistent with all the 2° spacing
    standards in Part 25. We discussed \"routine\" earth stations in
    more detail in Section III.A. above.

[^88]: Commission Launches Earth Station Streamlining Initiative, Public
    Notice, DA 99-1259 (released June 25, 1999) (*Ku-Band Auto-grant
    Public Notice*); Commission Launches C-Band Earth Station
    Streamlining Initiative, Public Notice, DA 00-2761 (released Dec. 7,
    2000) (*C-Band Auto-grant Public Notice*).

[^89]: 47 C.F.R. §§ 25.134, 211, 212 (power level rules, 47 C.F.R. §
    25.209 (antenna rules); *Ku-Band Auto-grant Public Notice*; *C-Band
    Auto-grant Public Notice*.

[^90]: *Ku-Band Auto-grant Public Notice*; *C-Band Auto-grant Public
    Notice*.

[^91]: *Ku-Band Auto-grant Public Notice*; *C-Band Auto-grant Public
    Notice*.

[^92]: For purposes of this Notice, the Ka-band is 19.7-20.2 GHz and
    27.5-30.0 GHz.

[^93]: We receive about 175 space station applications in years with
    processing rounds, and about 125 in other years.

[^94]: Because Schedule S may be revised before it is adopted, we do not
    set forth specific proposals for revising Section 25.114 in Appendix
    B.

[^95]: *1996 Streamlining Order*, 11 FCC Rcd at 21594 (para. 32).

[^96]: *1996 Streamlining Order*, 11 FCC Rcd at 21594 (para. 32).

[^97]: *See 1996 Streamlining Order*, 11 FCC Rcd at 21595 (para. 34)
    (explaining that Section 25.118(c)(5) does not apply to replacement
    equipment identical to existing equipment).

[^98]: *See* 47 C.F.R. §§ 25.117(a)(1), (a)(2), (b).

[^99]: In particular, our proposed revisions to Sections 25.117 and
    25.118 do not affect the requirement to complete coordination prior
    to filing a modification application. Section 25.203(c) requires
    earth station applicants planning to operate in bands that are
    shared with terrestrial operators to complete coordination prior to
    filing any application, including modification applications.

[^100]: *See* Section 622 of the Satellite Act, as amended by the ORBIT
    Act, 47 U.S.C. § 763a. Congress recently amended the Satellite
    Communications Act of 1962, 47 U.S.C. §§ 701 *et seq*. (Satellite
    Act) by adopting the Open-Market Reorganization for the Betterment
    of International Telecommunications Act, Pub. L. No. 106-180, 114
    Stat. 48 (2000), *to be codified at* 47 U.S.C. § 761 *et seq*.
    (ORBIT Act). The ORBIT Act adds Title VI to the Satellite Act,
    entitled \"Communications Competition and Privatization.\"

[^101]: Amendment of Part 25 of the Commission\'s Rules and Regulations
    to Reduce Alien Interference Between Fixed-Satellites at Reduced
    Orbital Spacings and to Revise Application Processing Procedures for
    Satellite Communications Services, First Report and Order, CC Docket
    No. 86-496, 6 FCC Rcd 2806, 2811 (paras. 33-34) (1991).

[^102]: ^?^ *DISCO I Order*, 11 FCC Rcd 2429.

[^103]: National Environmental Policy Act of 1969, 42 U.S.C. § 4321 *et
    seq*.

[^104]: *See* 47 C.F.R. § 1.1310. *See also* Guidelines for Evaluating
    the Environmental Effects of Radiofrequency Radiation, Report and
    Order, ET Docket No. 93-62, 11 FCC Rcd 15123 (1996); Second
    Memorandum Opinion and Order, 12 FCC Rcd 13494 (1997).

[^105]: 47 C.F.R. § 1.1307(b)(3)(i). For the information required in an
    environmental assessment, see Section 1.1311 of the Commission\'s
    rules, 47 C.F.R. § 1.1311. For the RF radiation exposure limits, see
    Section 1.1310 of the Commission\'s rules, 47 C.F.R. § 1.1310.

[^106]: *See* 47 C.F.R. § 25.113(b).

[^107]: *See* 47 C.F.R. § 25.116(b)(2).

[^108]: *1996 Streamlining Order*, 11 FCC Rcd at 21583-85 (paras. 6-9)
    (space station construction); 21590-91 (para. 23) (earth station
    construction).

[^109]: 47 C.F.R. § 25.274(c).

[^110]: 47 C.F.R. § 25.274(g).

[^111]: *See* Weinhouse Letter at 3-4.

[^112]: 47 C.F.R. §§ 25.211, 25.212.

[^113]: One example of such a frequency band is the 10.95-11.2 GHz band.

[^114]: The auction was limited to four applicants because they were the
    only applicants to file their applications by the \"cut-off\" date.
    *See* Establishment of Rules and Policies for the Digital Audio
    Radio Service in the 2310-2360 MHz Band, Report and Order,
    Memorandum Opinion and Order and Further Notice of Proposed
    Rulemaking, IB Docket No. 95-91, GEN Docket No. 90-357, RM No. 8610,
    12 FCC Rcd 5754, 5812 (para. 143) (1997).

[^115]: ^?^ Amendment to the Commission\'s Rules to Allocate Spectrum
    for, and to Establish Other Rules and Policies Pertaining to, a
    Radiodetermination Satellite Service, Second Report and Order, Gen.
    Docket No. 84-689, 104 FCC 2d 650 (1986).

[^116]: Amendment of Section 2.106 of the Commission\'s Rules to
    Allocate the 1610-1626.5 MHz and the 2483.5-2500 MHz Bands for Use
    by the Mobile-Satellite Service, Including Non-geostationary
    Satellites, RM-7771, Report and Order, 9 FCC Rcd 536, 538-39 (paras.
    17-18) (1993) (*RDSS Reallocation Order*).

[^117]: *RDSS Reallocation Order*, 9 FCC Rcd at 536 (para. 1).

[^118]: ^?^ *See* Amendment of the Commission\'s Rules to Establish
    Rules and Policies Pertaining to a Mobile Satellite Service in the
    1610-1626.5/2483.5-2500 MHz Frequency Bands, Report and Order, CC
    Docket No. 92-166, 9 FCC Rcd 5936, 5948 n.37 (1994).

[^119]: 47 U.S.C. § 734. *See also* 47 C.F.R. § 25.501 (scope of Subpart
    H).

[^120]: *See* Section 645(1) of the Satellite Act, as amended by the
    ORBIT Act, 47 U.S.C. § 765d(1).

[^121]: With omnidirectional earth station antennas, a second satellite
    in a particular frequency band could only be accomplished through
    polarization isolation. One satellite would be horizontally
    polarized while the second satellite would be vertically polarized.

[^122]: Large in terms of wavelength. Typical earth station antennas
    licensed today have D/ (diameter to wavelength) ratios on the order
    of 50 or larger. A 1.2 meter antenna at 14.0 GHz has a D/ = 56.0 and
    at 11.7 GHz it has a D/ = 46.8. A 4.5 meter antenna at 5925 MHz has
    a D/ = 88.9 and at 3700 MHz it has a D/ = 55.5. Smaller antennas
    that we propose to make routine, have smaller D/ ratios. A 3.2 meter
    antenna at 3700 MHz has a D/ = 39.5 and a 2.0 meter antenna at 5925
    MHz has a D/ = 39.5. A 1.0 meter antenna at 11.7 GHz has a D/ = 39.0
    and a 0.85 meter antenna at 14.0 GHz has a D/ = 39.67.

[^123]: W.A. Kissick, D.N. Rebol, \"[A Program Description of
    \'Orbit-Prints\': Contours of Power Density at the Geostationary
    Orbit]{.underline}\", U.S. Department of Commerce, Office of
    Telecommunications, OT Report 77-126, June, 1977. The \"CIR\"
    subroutine was modified to allow variable taper Cosine^N^
    illumination functions. This subroutine computes the gain as the
    surface integral of the illumination function. A numerical
    integration is carried out on a polynomial approximation to the
    Bessel function.

[^124]: *Spacenet Order* at paras. 13-14.

[^125]: *See* W. Stallings, *Data and Computer Communications* at 298-99
    (2nd ed., 1988); M. Richharia, *Satellite Communications Systems:
    Design Principles* at 249 (1995).

[^126]: ^?^ Routine Licensing of Large Networks of Small Antenna Earth
    Stations Operating in the 12/14 GHz Frequency Bands, 51 Fed. Reg.
    15067 (Apr. 22, 1986) (*1986 VSAT Order*). *See also* 47 C.F.R.
    §25.134(a).

[^127]: *1986 VSAT Order*, 51 Fed. Reg. at 15068.

[^128]: ^?^ *1986 VSAT Order*, 51 Fed. Reg. at 15068.

[^129]: ^?^ Routine Licensing of Earth Stations in the 6 GHz and 14 GHz
    Bands Using Antennas Less that 9 Meters and 5 Meters in Diameter,
    Respectively, for Both Full Transponder and Narrowband
    Transmissions, Declaratory Order, 2 FCC Rcd 2149 (Com. Car. Bur.
    1987) (*1987 VSAT Order*). *See also* 47 C.F.R. §§25.211, 25.212.

[^130]: *1987 VSAT Order*, 2 FCC Rcd at 2150 (para. 6).

[^131]: *1996 Streamlining Order*, 11 FCC Rcd at 21596-97 (paras.
    38-39).

[^132]: 47 C.F.R. § 25.212(c).

[^133]: 47 C.F.R. § 25.212(d).

[^134]: *See* 5 U.S.C. § 603. The RFA, *see*, 5 U.S.C. § 601 *et seq*.,
    has been amended by the Contract With America Advancement Act of
    1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of
    the CWAAA is the Small Business Regulatory Enforcement Fairness Act
    of 1996 (SBREFA).

[^135]: 5 U.S.C. § 603(b)(3).

[^136]: *Id*. § 601(6).

[^137]: 5 U.S.C. § 601(3) (incorporating by reference the definition of
    \"small business concern\" in 15 U.S.C. § 632). Pursuant to the RFA,
    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 U.S.C. § 601(3).

[^138]: Small Business Act, 15 U.S.C. § 632 (1996).

[^139]: 5 U.S.C. § 601(4).

[^140]: 1992 Economic Census, U.S. Bureau of the Census, Table 6
    (special tabulation of data under contract to Office of Advocacy of
    the U.S. Small Business Administration).

[^141]: 5 U.S.C. § 601(5).

[^142]: U.S. Dept. of Commerce, Bureau of the Census, \"1992 Census of
    Governments.\"

[^143]: *Id*.

[^144]: 47 C.F.R. § 76.901(e). The Commission developed this definition
    based on its determination that a small cable system operator is one
    with annual revenues of \$100 million or less. [Implementation of
    Sections of the 1992 Cable Act: Rate Regulation, Sixth Report and
    Order and Eleventh Order on Reconsideration.]{.underline} 10 FCC Rcd
    7393 (1995), 60 FR 10534 (Feb. 27, 1995).

[^145]: Paul Kagan Associates, Inc., [Cable TV Investor]{.underline},
    Feb. 29, 1996 (based on figures for Dec. 30, 1995).

[^146]: 47 U.S.C. § 543(m)(2).

[^147]: 47 C.F.R. § 76.1403(b).

[^148]: Paul Kagan Associates, Inc., [Cable TV Investor]{.underline},
    Feb. 29, 1996 (based on figures for Dec. 30, 1995).

[^149]: An exception is the Direct Broadcast Satellite (DBS) Service,
    *infra*.

[^150]: 13 C.F.R. § 120.121, SIC code 4899.

[^151]: *1992 Economic Census Industry and Enterprise Receipts Size
    Report*, Table 2D, SIC code 4899 (U.S. Bureau of the Census data
    under contract to the Office of Advocacy of the U.S. Small Business
    Administration).

[^152]: FCC News Release, [Broadcast Station Totals as of September 30,
    1999]{.underline}, No. 71831 (Jan. 21, 1999).

[^153]: **Results of analysis by FCC ULS contractor in July 2000.**