**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the matter of                 | *  | ET Docket No. 03-254         |
|                                  | *) |                              |
| Amendment of Parts 25, 74, 78    | ** |                              |
| and 101 of the Rules regarding   |    |                              |
| Coordination between the         | *  |                              |
| Non-Geostationary and            | *) |                              |
| Geostationary Satellite Orbit    | ** |                              |
| Fixed-Satellite Service and      |    |                              |
| Fixed, Broadcast Auxiliary and   | *  |                              |
| Cable Television Relay Services  | *) |                              |
| in the 7 GHz, 10 GHz and 13 GHz  | ** |                              |
| Frequency Bands                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
+----------------------------------+----+------------------------------+

**NOTICE OF PROPOSED RULE MAKING**

**Adopted: December 15, 2003 Released: December 23, 2003**

**Comments Date: \[30 days from publication in the Federal Register\]**

**Reply Comments Date: \[45 days from publication in the Federal
Register\]**

By the Commission:

# iNTRODUCTION

1.  By this action (Notice), we propose to modify our frequency
    coordination rules to promote sharing between non-geostationary
    satellite orbit (NGSO) and geostationary satellite orbit (GSO)
    fixed-satellite service (FSS) operations and various terrestrial
    services operating in several frequency bands. Specifically, we
    consider a joint proposal by SkyBridge L.L.C. and the Fixed Wireless
    Communications Coalition (Skybridge/FWCC Growth Zone Proposal) to
    supplement our existing coordination procedures to promote sharing
    between new NGSO FSS space-to-Earth (downlink) operations and
    existing Fixed Service (FS) operations in the 10.7‑11.7 GHz (10 GHz)
    band.[^1] We also set forth proposals for amending our frequency
    coordination rules to address situations where NGSO FSS and GSO FSS
    operations share spectrum with terrestrial operations in the FS,
    Broadcast Auxiliary Service (BAS) and Cable Television Relay Service
    (CARS) in various bands. Specifically, we:

-   Propose to apply the principles of the Skybridge/FWCC Growth Zone
    Proposal to our coordination rules for NGSO FSS downlink operations
    sharing with FS operations in the 10 GHz band;

-   Propose to apply the existing Parts 25 and 101 coordination rules
    for coordination of new FSS (both NGSO and GSO) earth stations with
    mobile BAS/CARS operations in the 6875‑7075 MHz (7 GHz) and
    12750-13250 MHz (13 GHz) bands, and consider whether any additions
    or modifications to the rules are needed to address the operating
    characteristics of mobile services;

-   Propose to allow either the Parts 74 and 78 informal *ad hoc*
    coordination rules or the Part 101 coordination rules to be used for
    the coordination of mobile BAS/CARS operations with FSS (both NGSO
    and GSO) earth stations, in the 7 GHz and 13 GHz bands, and consider
    whether any additions or modifications of these rules are needed;
    and,

-   Propose to apply the existing Parts 25 and 101 coordination rules
    for sharing between new NGSO FSS earth stations and fixed BAS/CARS
    operations in the 7 GHz and 13 GHz bands.

    We undertake this proceeding to facilitate the introduction of new
    satellite and terrestrial services while promoting interference
    protection among the various users in these bands.

# Background

2.  In several recent proceedings, the Commission has taken actions to
    allow new satellite services in frequency bands used by various
    fixed and mobile operations. As described below, the Commission
    deferred to this proceeding consideration of frequency coordination
    procedures to be used by these new satellite services when deploying
    new earth stations in the 7 GHz, 10 GHz and 13 GHz bands.

3.  In the *First Report and Order and Further Notice of Proposed Rule
    Making* ("*NGSO FSS Ku-Band R&O*") in ET Docket No. 98-206, the
    Commission, *inter alia*, authorized NGSO FSS downlink and uplink
    operations in the 10 GHz and 13 GHz bands, respectively, to serve as
    backbone or "gateway" links.[^2] NGSO FSS gateway earth stations act
    as a gateway or hub from the NGSO system to terrestrial
    networks.[^3] The Commission also decided to apply the existing
    Parts 25 and 101 rules for coordination of NGSO FSS gateway earth
    stations with FS operations in the 10 GHz band. In addition, the
    Commission decided not to exclude NGSO FSS gateway earth stations
    from a 50 km radius around the 100 most populous U.S. cities, as it
    had proposed so as not to inhibit FS growth in the 10 GHz band.
    Rather, it recognized a proposal filed by Skybridge/FWCC to protect
    the opportunity for FS expansion in areas of high FS use ("Growth
    Zones") as a viable alternative to excluding NGSO FSS gateway earth
    stations from specific geographic locations. The Commission
    concluded that while the Skybridge/ FWCC Growth Zone proposal
    represented an efficient and flexible spectrum sharing approach for
    the

    10 GHz band, more analysis was necessary before this approach could
    be adopted.[^4] It, therefore, deferred action on the Skybridge/FWCC
    proposal to this proceeding.

4.  On reconsideration of the *NGSO FSS Ku-Band R&O*, the Commission,
    among other things, expanded the use of the 13 GHz band by NGSO FSS
    gateway earth stations to include the 13.15‑13.2125 GHz band, but
    excluded such operations within 50 km of the top 100 TV markets to
    limit the impact on existing BAS and CARS use of the band for mobile
    television pickup operations ("TVPU").[^5] Further, the Commission
    indicated that it would not license NGSO FSS gateway earth stations
    in the 13 GHz band until appropriate coordination rules are
    adopted.[^6]

5.  In the *Report and Order* (*MSS Feeder Link R&O*) in ET Docket No.
    98-142, the Commission, *inter alia*, allocated the 6700-7025 MHz
    band for NGSO FSS downlink operations, limited to feeder link
    operations of NGSO mobile-satellite service ("MSS") systems.[^7] In
    addition, the Commission grandfathered two NGSO licensees to operate
    their NGSO MSS feeder link earth stations at three sites in the
    7025-7075 MHz downlink band.[^8] The Commission applied Parts 25 and
    101 coordination rules to address sharing between the new NGSO FSS
    operations and the existing fixed service links in the 6700-6875 MHz
    band, but deferred to this proceeding consideration of coordination
    rules for the 7 GHz (*i.e.*, 6875-7075 MHz) portion of the band,
    noting the lack of any coordination procedures to address sharing
    between FSS earth stations and fixed and mobile TVPU stations in
    this band.[^9]

6.  Finally, in a separate proceeding, the Commission recently reviewed
    and modified service rules governing BAS, CARS and FS
    operations.[^10] In the *BAS/CARS R&O*, the Commission, among other
    actions, modified the coordination procedures for BAS and CARS.
    Specifically, the Commission decided to require all fixed BAS and
    CARS operations in the 7 GHz and 13 GHz bands to coordinate their
    operations under Section 101.103(d) of the Commission's rules. On
    the other hand, mobile BAS and CARS in the 7 GHz and 13 GHz bands
    were given the flexibility to use either the coordination procedures
    of Section 101.103(d) or informal local *ad hoc* coordination
    procedures under Sections 74.638 and 78.36 of the Commission's
    Rules.[^11] Significantly, the Commission's decision did not address
    whether these coordination procedures were adequate to address
    sharing between BAS/CARS and satellite operations in these bands.

# DISCUSSION

> A. Coordination between NGSO FSS and FS Operations at 10 GHz

#  

7.  *Background.* Currently, the principal use of the 10 GHz band is
    terrestrial fixed point-to-point operations.[^12] FSS downlink
    operations are also permitted in this band, but such operations are
    limited to earth stations performing intercontinental communications
    with GSO satellites.[^13] In the *NGSO FSS Ku-Band R&O,* the
    Commission permitted the operation of NGSO FSS gateway earth
    stations in the 10 GHz band for downlink operations and applied the
    Parts 25 and 101 coordination requirements for sharing between NGSO
    FSS and FS facilities in the band.

8.  The Parts 25 and 101 coordination rules for sharing between FSS and
    FS operations require that before filing an application for a new
    facility, an applicant generally must identify all potentially
    affected licensees and applicants in the vicinity of their proposed
    station and resolve all potential interference problems with
    them.[^14] Once a station is coordinated and authorized, it is
    entitled to interference protection from all future stations.
    Typically, an FS station is authorized for only specific frequencies
    in an allocated band, whereas FSS earth stations are authorized for
    all frequencies within an allocated band and thus can impair future
    growth by FS licensees or new applicants whose operations would be
    within the coordination distance of an FSS earth station.[^15] In
    its *ex parte* comments, Skybridge/FWCC states that their Growth
    Zone proposal is intended to address the FS community's concerns
    that new NGSO FSS operations not hinder FS growth, and the NGSO FSS
    applicants' concerns that earth stations not be excluded from
    operating in certain geographic areas.

9.  The Skybridge/FWCC proposal would establish special coordination
    procedures for NGSO FSS operations in certain geographic areas,
    identified as FS "Growth Zones," where FS use is high and growth is
    most likely to occur. The special coordination requirements for new
    NGSO FSS operations in the FS Growth Zone would preserve future FS
    growth potential. Under this proposal,

> An FS Growth Zone would be defined as any county in which, based on a
> semi-annual determination, at least 30 FS frequencies are licensed to
> transmit in the 10.7-11.7 GHz band.
>
> Five conditions would be placed on any NGSO FSS gateway earth station
> located in an FS Growth Zone:
>
> a\) The NGSO FSS gateway shall be located in the FS Growth Zone in
> accordance with standard coordination procedures, except that the
> coordination shall assume that all FS stations relevant to the
> coordination are operating on all FS transmit frequencies in the
> 10.7-11.7 GHz band.
>
> b\) If an FS applicant seeking to operate a new FS station in an FS
> Growth Zone would be precluded, under the standard coordination
> procedures, from doing so at a particular location due to the
> existence of an NGSO FSS gateway, the NGSO FSS earth station gateway
> licensee shall, at the FS applicant\'s request, be responsible for
> reducing the effect on the NGSO FSS gateway of the power radiated by
> the proposed FS station to the greatest extent practicable, consistent
> with sound engineering practices and in a manner that does not
> materially degrade the operation capabilities of the NGSO FSS earth
> station gateway, up to a maximum of 20 dB below the level derived from
> the free-space coordination calculation.
>
> c\) In order to locate an NGSO FSS gateway at a particular site within
> an FS Growth Zone that otherwise would not be acceptable under the
> standard coordination procedures, an NGSO FSS applicant may
> voluntarily agree to accept, from a specified azimuth, a certain level
> of interference from a particular FS station in excess of the level
> that would be consistent with the standard coordination procedures. To
> the extent that an NGSO FSS gateway earth station is sited pursuant to
> this provision, the licensee shall in the future be obligated to
> continue to accept, from that specified azimuth, that same aggregate
> level of interference from any FS stations.
>
> d\) In coordinating a new FS station with an NGSO FSS gateway earth
> station located in an FS Growth Zone, the coordination shall not take
> into account elevation angles from the NGSO FSS gateway\'s earth
> stations below the lowest geometrical elevation angle that can be
> employed by the NGSO FSS gateway\'s earth stations for each direction
> of azimuth, taking into account the specific characteristics of the
> relevant satellite constellation.
>
> e\) If, at the time of submission of a request for coordination of a
> particular NGSO FSS gateway site to a recognized frequency
> coordinator, that site is located outside of any FS Growth Zone, any
> NGSO FSS gateway facility subsequently licensed to operate at that
> site shall not be subject to the provisions of subsections (a), (b),
> (c), or (d) of this section, regardless of whether the county in which
> that site is located subsequently becomes an FS Growth Zone.[^16]

10. In support of its proposal, Skybridge/FWCC indicates that the
    Commission's licensing requirements already include county location
    among the required FS station application fields and this
    information is therefore readily available. It further asserts that
    the best predictor of FS future growth is the level of current use
    and that growth patterns indicate that a minimum of thirty fixed
    licensed frequencies in a given county is a reasonable predictive
    threshold for likely future expansion in a given area.
    Skybridge/FWCC also suggests that the Commission publish
    semi-annually a public notice listing the counties meeting its
    definition. Skybridge/FWCC posits that focusing on obligations of
    NGSO FSS licensees to protect FS growth potential would yield a more
    flexible approach than the exclusion of NGSO FSS gateway earth
    stations in given geographic regions. Skybridge/FWCC also argues
    that adopting certain conditions to supplement our coordination
    rules would ensure protection of anticipated FS growth.

11. *Proposal.* We tentatively conclude that our frequency coordination
    procedures should be modified to include the terms as we propose to
    modify them, below, of the Skybridge/FWCC Growth Zone Proposal for
    NGSO FSS gateway earth stations coordinating with the FS in the
    10 GHz band. We believe that modifying our coordination requirements
    in this way will ensure that the use of the 10 GHz band by FS is not
    significantly hindered by the introduction of NGSO FSS gateway
    operations and that NGSO FSS operators will have more flexibility in
    deciding where to locate gateway earth stations. We note that the
    10 GHz band has been targeted as an important alternative spectrum
    for FS operations being relocated from other bands.[^17] FS use in
    this band has seen continued growth. We do not think that the
    proposed coordination approach will significantly hinder NGSO FSS
    operations. The areas qualifying for Growth Zone treatment would be
    limited and, by their design and purpose, the number of NGSO FSS
    gateway earth stations should be small and have sufficient
    deployment flexibility. Finally, we believe that the coordination
    obligations put forth by Skybridge/FWCC are reasonable, and note
    that they would only apply if an NGSO FSS gateway earth station
    licensee determines that deployment within a Growth Zone is
    necessary. We request comment on our tentative conclusions regarding
    the effectiveness and benefits of the Skybridge/FWCC Growth Zone
    Proposal and whether FS expansion can be accommodated under this
    approach.

12. We note that the Skybridge/FWCC Growth Zone Proposal reflects a
    compromise reached by two significant parties in this proceeding,
    but it is prudent to address all of the various interests in the
    band. Therefore, we intend to explore alternatives to some of the
    procedures in the SkyBridge/FWCC Growth Zone Proposal and seek
    comment on them. First, we propose to adopt the qualification
    criteria in the SkyBridge/FWCC Growth Zone definition of any county
    in which at least 30 FS frequencies are licensed to transmit in the
    10.7-11.7 GHz band. We acknowledge the advantages of using counties
    as Growth Zone boundaries in that they are well defined. The use of
    counties would also be administratively convenient, since this
    information is readily available in our license and other
    coordination databases. Further, a minimum fixed number of FS
    operations (30 FS transmit frequencies per county) would provide an
    easy and definitive method of determining when a county would
    qualify as a Growth Zone. Nevertheless, this approach does not
    account for varying county size and the fact that 30 licensed FS
    transmit frequencies could be on a single FS path or 30 different FS
    paths. This could be a problem in that large counties with low FS
    path densities would qualify as Growth Zones and smaller counties
    with higher FS path densities, but not 30 frequencies, would not
    qualify as Growth Zones. Therefore, we seek comment on this proposal
    and on any alternatives that might normalize the qualification
    factors for Growth Zones or otherwise account for varying county
    sizes and deployment scenarios.

13. Rather than propose the Skybridge/FWCC suggestion that the
    Commission publish a public notice every 6 months with a list of
    counties that qualify as Growth Zones, we propose to make the
    determination of whether an area qualifies as a Growth Zone a
    case-by-case function of the frequency coordination process. We find
    that making and publishing Growth Zone determinations every six
    months is unnecessary because this information can easily be handled
    as part of the coordination process for a new NGSO FSS gateway earth
    station. This approach would also provide "near real-time" currency
    to the process. We seek comment on this proposal and any
    alternatives.

14. We also propose to adopt the conditions (*see* (a) through (e) in
    paragraph 9) on NGSO FSS deployment set forth in the SkyBridge/FWCC
    Growth Zone Proposal. These conditions would ensure: 1) that the
    coordination process protects the potential for FS growth throughout
    the allocated band, even though FS licensees would continue to be
    authorized for specific frequencies on an as needed basis; 2) that
    NGSO FSS licensees accepting a certain level of interference along a
    given azimuth from incumbent FS licensees will accept the same level
    of impact from future FS applicants; and 3) that coordination only
    considers the particular technical characteristics of the NGSO FSS
    gateway earth station being deployed without considering "look
    angles" to the satellites that will not be used. We seek comment on
    whether these conditions should apply only to NGSO FSS gateway earth
    stations located within a Growth Zone, or whether they should also
    apply to those in proximity to, or within a certain distance of, a
    Growth Zone, and, if so, what the proximity criteria or distance
    should be. We also seek comment on whether these conditions should
    apply only to the protection of FS stations located within the
    Growth Zone in which the NGSO FSS earth station is located, or
    whether they should also apply to the protection of other FS
    stations located outside that Growth Zone but within the
    coordination contour of the earth station. Further, we seek comment
    on whether the level of impact from future FS applicants, expressed
    in the proposal as an aggregate level of interference from any FS
    stations (*see* (c) in paragraph 9), should apply case-by-case to
    individual transmit frequencies, to the aggregate of transmit
    frequencies operating on a single transmit path from a station, or
    to all frequencies on all transmit paths from a station. We seek
    comment on whether these conditions are appropriate to ensure
    equitable sharing. We also seek comment on whether other conditions
    or changes to our coordination procedures would be appropriate to
    address sharing between these services.

> B. Coordination between FSS and BAS/CARS Operations at 7 GHz and
> 13 GHz

15. *Background.* As indicated above, we have taken several actions that
    will permit new NGSO FSS earth stations to share the 7 GHz and
    13 GHz bands with existing mobile and fixed BAS and CARS operations.
    These NGSO FSS earth stations will be either gateway or feeder link
    earth stations. We therefore believe that the total number of NGSO
    FSS earth stations should be small and that coordination and sharing
    with existing terrestrial mobile and fixed BAS and CARS operations
    should be possible. We note, for example, a limited number of GSO
    FSS earth stations have been successfully coordinated and are
    authorized in both the 7 GHz and 13 GHz bands.[^18]

16. Mobile BAS and CARS operations in the 7 GHz and 13 GHz bands
    typically include TVPU stations that operate under Part 74 and Part
    78, respectively.[^19] These stations are used to perform impromptu
    electronic newsgathering ("ENG") at the scene of a breaking event
    and to cover scheduled events, such as sports or political events.
    TVPU stations operate in a variety of configurations within an
    authorized operations area. They may transmit from an ENG truck
    directly to a fixed receiver at the station or through a relay link
    at a remote fixed receiver location.[^20] TVPU signals may also
    originate or relay through aeronautical TVPU platforms, such as
    helicopters, to a fixed receive point or to a mobile satellite
    uplink truck, or other facilities, to reach the ultimate receive
    point, typically a studio. TVPU applications also include
    communications from "window ledge" or mobile camera locations to
    on-site production facilities or to a TVPU truck for relay to a
    fixed receive point.

17. TVPU stations are typically licensed for a specific area of
    operation, such as a standard metropolitan area, and for a specific
    frequency band.[^21] Operational areas may also be county-wide,
    regional, statewide, or nationwide, depending on the needs of the
    licensee.[^22] A TVPU licensee may also be authorized to operate on
    any or all frequencies within an allocated band.[^23] When
    necessary, BAS and CARS short-term itinerant operation under the
    provisions of Sections 74.24 and 78.11, respectively, may be used to
    deploy outside the licensee's authorized area and frequencies for
    very short time periods.[^24] In order to maintain the flexibility
    of TVPU operations to cover events where and when they occur without
    causing interference, local frequency coordinators are often used to
    perform *ad hoc* informal coordination for both local and non-local
    broadcast entities that wish to use the 7 GHz and 13 GHz bands
    within an area. BAS frequency coordinators often effect real-time
    coordination to accommodate TVPU ENG deployments as needed to cover
    unscheduled, fast-breaking newsworthy events, such as disasters or
    law enforcement activities.[^25] While mobile TVPU operations have a
    primary allocation in the 7 GHz and 13 GHz bands, they generally
    must protect fixed BAS/CARS uses in these bands.[^26]

18. In the *BAS/CARS R&O*, the Commission decided that mobile TVPU
    operations in the 7 GHz and 13 GHz bands could continue to use the
    local *ad hoc* coordination procedures contained in Sections
    74.638(d) and 78.36(d) of the Commission's Rules, but could also use
    the more formal coordination procedures in Section 101.103(d).[^27]
    Local *ad hoc* coordination, described in Sections 74.638(d) and
    78.36(d) of the Commission's Rules, simply places responsibility
    upon applicants for selecting frequencies that are least likely to
    result in mutual interference with other licensees in the same area.
    Applicants may consult local frequency coordination committees,
    where they exist, for information on frequencies available in the
    area.[^28] No specific procedures are provided for identifying
    frequencies or contacting other users in the area. Further, the
    local *ad hoc* coordination process does not require evidence of the
    accomplishment of frequency coordination to get a license, because
    coordination occurs on an ongoing or as needed basis. Under the
    coordination procedures in Section 101.103(d), coordination of new
    facilities is accomplished before an authorization is granted.
    Parties must file notification with, and resolve any conflicts or
    technical problems identified by response from, all potentially
    affected licensees and applicants within a 30-day time period, prior
    to filing an application for a license.[^29] An application for
    license from the Commission must contain a certification of
    completion of coordination, including notification and response, and
    a list of licensees/applicants notified. Once the station is
    coordinated and a license application is filed, the station is
    entitled to protection from future applicants.

19. The existing fixed use of the 7 and 13 GHz bands includes BAS fixed
    point-to-point stations under Part 74, such as studio-transmitter
    link ("STL"), TV relay ("TVR"), TV translator relay ("TTR"), and TV
    microwave booster ("TVB") stations and fixed CARS stations used in a
    point-to-multipoint configuration to distribute content throughout a
    cable television system or from one cable television system to
    another. These fixed BAS/CARS operations are licensed and
    coordinated with other operations to avoid interference.[^30] Fixed
    BAS/CARS operations in the 7 GHz and 13 GHz bands use the
    coordination procedures in Section 101.103(d) because these
    operations are technically similar to the FS operations that are
    governed by that section and with which they share frequency
    bands.[^31] In contrast, fixed receiver stations that communicate
    with BAS mobile TVPUs are not licensed with the Commission.[^32]
    Nevertheless, the informal *ad hoc* coordination process by local
    frequency coordinators has enabled fixed receive-only stations to
    operate without significant interference problems.

20. The present FSS use of the 7 GHz and 13 GHz bands is limited due to
    extensive use of these bands by BAS and CARS operations. Further, we
    note that CARS eligibility has recently been expanded to include all
    multichannel video programming distributors, which could further
    increase CARS use of the bands.[^33] As mentioned above, we further
    anticipate that because new NGSO FSS operations in these bands are
    limited to gateway or feeder link operations, the number of new NGSO
    earth stations should also be small. Parts 25 and 101 of the
    Commission's rules sets forth the coordination procedures for FSS
    earth stations to enable sharing with existing terrestrial
    operations.[^34] The technical aspects of coordination are based on
    Appendix 7 of the International Telecommunications Union (ITU) Radio
    Regulations and certain Recommendations of the ITU
    Radiocommunication Sector.[^35] FSS entities typically use
    commercial coordination companies to aid in performing the
    coordination.

21. *Proposal*. We acknowledge that frequency coordination and spectrum
    sharing between FSS and BAS/CARS fixed and mobile operations will be
    challenging. Nevertheless, we believe that spectrum sharing between
    FSS earth stations (both GSO and NGSO) and BAS/CARS fixed and mobile
    operations is feasible because the number of new FSS earth stations
    should be relatively small. We find that there are several factors
    that effect how fixed, mobile, and fixed-satellite services will
    share the 7 GHz and 13 GHz bands. For example, mobile BAS/CARS
    operations, which may include aeronautical operations, require a
    great deal of deployment flexibility to cover news or events when
    and where they happen, whereas fixed BAS/CARS and FSS operations are
    stationary and often have high requirements for reliability.
    Further, the interference protection expectations of mobile BAS/CARS
    operations, which may rely upon informal *ad hoc* coordination,
    would likely be different than those of fixed BAS/CARS and FSS
    operations, which coordinate their use prior to authorization to
    ensure reliable communications. Therefore, we address separately
    mobile and fixed BAS and CARS coordination with FSS for the 7 GHz
    and 13 GHz bands.

22. *Coordination of FSS with Mobile BAS and CARS operations*. As
    discussed below, we propose to maintain the existing coordination
    requirements for both FSS and mobile BAS and CARS operations in the
    7 GHz and 13 GHz bands, rather than propose to require that all
    operations in the bands follow the same coordination procedures.
    Thus, NGSO and GSO FSS operators seeking to deploy new earth
    stations in these bands would continue to initiate coordination with
    mobile BAS and CARS operations using the coordination procedures in
    Sections 25.203, 25.251 and 101.103(d). Similarly, new mobile BAS
    and CARS operations initiating coordination in the 7 GHz and 13 GHz
    bands would continue to have the flexibility to use either the
    informal *ad hoc* local coordination procedures in Sections 74.638
    and 78.36 or the coordination procedures in Section 101.103(d) to
    coordinate with FSS earth stations.

23. We first address the coordination procedures that an FSS entity
    would use when it initiates coordination for a new earth station. At
    the outset, pursuant to Sections 25.203(b) and 25.251, the FSS
    entity needs to identify the coordination distance contour for the
    earth station based on the technical criteria contained in ITU
    Appendix 7 and certain ITU Recommendations. These technical criteria
    address protection of mobile as well as terrestrial fixed
    facilities, and thus, we believe, contain sufficient technical rigor
    to enable identification and protection of mobile TVPU stations. In
    this context, however, we note that the maximum coordination
    distances and coordination contours calculated using ITU Appendix 7
    are conservatively large, particularly for sharing between an NGSO
    FSS earth station and aeronautical TVPU stations.[^36] Considering
    the relative brevity of TVPU operations, particularly for worst-case
    pointing by either an earth station or a mobile antenna, we seek
    comment on whether these distances should be changed with a view
    toward reducing the overall coordination burden where the potential
    for interference is minimal. Parties favoring reducing the
    coordination distances should support alternative distances with
    appropriate engineering analysis.

24. Regarding the administrative aspects of coordination for FSS earth
    stations, our Parts 25 and 101 rules require notification to all
    potentially affected licensees and applicants within the ITU
    Appendix 7 coordination distance contour for the earth station.[^37]
    We note that the rules give applicants the flexibility to determine
    how best to identify facilities that may affect or be affected by
    the proposed facilities, and licensees who must be notified. Thus,
    in addition to thoroughly checking relevant Commission and any other
    licensing databases to assess both local and nationwide licensees
    that may have operations in the affected area, the FSS earth station
    applicant should also find it useful to contact local broadcast
    frequency coordinators, where they exist, to help identify the
    licensees with operations within the coordination contour of the FSS
    earth station, that need to be notified.[^38] Once notification is
    initiated, any responses from affected parties indicating potential
    interference must specify the technical details in writing, and all
    parties must make every reasonable effort to eliminate all technical
    problems and conflicts. Further, if no response is received within
    the 30 day period, the applicant will be deemed to have made
    reasonable efforts to coordinate and may file its application. We
    believe that this process will meet the needs of both the new FSS
    applicants and the BAS/CARS incumbents, who can identify and provide
    full technical details of the facilities that may interfere with the
    proposed earth station; facilities requiring protection, including
    fixed receiver sites; aeronautical TVPU operations; and mobile
    patterns of use.[^39] Because BAS/CARS stations and FSS earth
    stations have co-primary allocations in these bands, new FSS
    entrants must protect all incumbent BAS/CARS operations. Therefore,
    new FSS entrants in the 7 GHz and 13 GHz bands must consider typical
    deployments of TVPU operations within their authorized area to
    ensure that existing TVPU uses and operations are not adversely
    affected.

25. In addition, we note that Section 25.203(c)(3) requires coordination
    procedures to be completed within 30 days, but allows FSS applicants
    to extend the maximum coordination period to 45 days by mutual
    consent of the parties.[^40] To accommodate the notification and
    response process for incumbent TVPU operations, which may involve
    additional consideration of fixed receiver sites, aeronautical
    operations, and mobile patterns of use identified by notified
    parties as described above, we seek comment on whether the maximum
    coordination period should be increased beyond 45 days and, if so,
    for how long. We also seek comment on whether any modifications to
    the coordination process proposed above should be made to account
    for the technical and operational differences between NGSO FSS and
    GSO FSS earth stations.

26. We also believe the existing coordination procedures provide
    sufficient flexibility for the parties to agree to reduce the
    likelihood of interference by shielding the earth station,
    particularly in satellite downlink bands, or constraining operations
    by various means.[^41] We note that these coordination procedures
    have been used successfully in coordinating the three FSS downlink
    earth stations grandfathered by the *MSS Feeder Link R&O* with
    mobile BAS/CARS TVPU stations in the

27. 7025‑7075 MHz band.[^42] They have also been successfully used to
    coordinate FSS uplink earth stations with mobile BAS/CARS TVPU
    stations in the 13 GHz band.[^43] While we believe existing Parts 25
    and 101 coordination procedures are adequate to ensure that new FSS
    earth stations are deployed without interference with mobile BAS and
    CARS operations, we seek comment on the above conclusions and
    proposals, and whether any additional steps or rule modifications
    are necessary to address the sharing scenarios in the 7 GHz and
    13 GHz bands as the number of earth stations and BAS/CARS
    deployments increase.

28. As we noted above, we propose to allow BAS and CARS entities
    flexibility to use either the informal *ad* *hoc* coordination
    process in Sections 74.638 and 78.36 or the coordination procedures
    in Section 101.103(d) when they initiate coordination for a new
    mobile BAS/CARS station with FSS earth stations in the 7 GHz and
    13 GHz bands. These coordination procedures have been adequate to
    address sharing with BAS/CARS fixed operations and should offer
    sufficient protection between BAS/CARS mobile and FSS operations
    without unnecessary burdens and regulatory oversight. Since the
    number of earth stations in these bands should be few and readily
    identifiable through the Commission's files, BAS and CARS entities
    should have little difficulty in notifying the appropriate FSS
    entity for coordination purposes.[^44] We observe that our rules
    give BAS and CARS applicants the flexibility to determine how best
    to contact the parties they identify for coordination and thus we
    believe that these rules do not need to be modified in this regard.
    Because FSS has a co-primary allocation in these bands, new BAS and
    CARS entrants must protect all authorized FSS operations.

29. We recognize the *ad hoc* coordination process relies on mutual
    interest, cooperation, and informal negotiations among licensees. It
    is less burdensome to the parties and affords mobile services
    maximum flexibility with regard to deployment. We believe this an
    important factor for TVPU operations where it is not possible to
    predict where breaking news may happen. On the other hand, we also
    recognize that the more formal frequency coordination procedures in
    Parts 25 and 101 would likely provide FSS operations with additional
    certainty of protection from TVPU operations. We seek comment on our
    proposal to allow BAS and CARS entities the flexibility to use
    either the *ad hoc* coordination process in Sections 74.638 and
    78.36 or the coordination procedures in Section 101.103(d).
    Commenters should address whether this approach is the best means to
    maintain flexibility for mobile TVPU operations and to provide
    adequate protection to NGSO FSS earth stations. We also seek comment
    on any other alternatives to our existing coordination rules for FSS
    and BAS/CARS mobile operations. Finally, we seek comment from small
    businesses or other small entities concerning the alternatives
    proposed above.

30. The Commission's rules allow for short-term itinerant TVPU operation
    under Sections 74.24 and 78.11, respectively, for BAS and CARS.[^45]
    Typically, these operations are conducted by broadcast licensees
    under the authority of a Part 73 license, or by BAS or CARS
    licensees whose authorization does not cover the frequency or
    geographic area of use. Our Part 74 rules allow BAS short-term
    operation for a limit of 720 hours per year and on a secondary,
    non-interference basis---i.e., the operations must cease if they
    cause interference to other users in the band.[^46] Coordination for
    BAS short-term operation requires notification to the appropriate
    frequency coordinator or co-channel licensees, except where an
    unanticipated need renders notification impractical.[^47] Our Part
    78 rules allow CARS short-term operation by a licensed CARS TVPU for
    up to one day without prior Commission authority and for more than
    one day upon notification to the Commission. However, our rules do
    not address the regulatory status of CARS short-term operations.
    Finally, we note that there may be certain venues, such as major
    sporting events, where simultaneous TVPU use of the full band is
    routinely needed to facilitate coverage by local TVPU licensees and
    short-term itinerant deployments, or where alternate frequencies are
    not available due to congestion. In such cases, TVPU licensees and
    short-term itinerant operants could anticipate full use of the band.

31. Because it is not possible to predict where breaking news may
    happen, licensees of new FSS earth stations should be aware and take
    into account short-term TVPU deployments, to the extent possible.
    This can be done by avoiding locations where operations by TVPU
    licensees and short-term itinerant use is expected to be high, such
    as in major urban areas or near certain venues, such as locations
    where major sporting events are held.

32. In the *BAS/CARS R&O*, the Commission recently declined to expand
    the BAS short-term frequency coordination procedure to include a
    two-way notification/response coordination requirement for
    short-term use with respect to FSS earth stations operations.[^48]
    The Commission stated that all short-term operation is secondary,
    and that the existing Section 74.24(g) requirement to notify the
    local coordinating committee or co-channel licensees is sufficient
    to ensure short-term deployments have a minimal chance of causing
    harmful interference while providing broadcasters the ability to
    cover newsworthy events without delay. We thus propose to maintain
    the secondary, non-interference status of BAS short-term itinerant
    TVPU operations vis-à-vis primary FSS operations in the 7 GHz and
    13 GHz bands. In this connection, we remind BAS short-term operants
    that they are responsible for ensuring notification to any
    co-channel FSS earth station within whose coordination contour a
    prospective short-term deployment is contemplated, whether
    notification is effected through a local frequency coordinator or
    directly with the FSS earth station.[^49] We also propose to require
    CARS short-term operators to notify either the local frequency
    coordinator or co-channel licensees, including licensees of FSS
    earth stations, and provide the name and telephone number of a
    person who may be contacted in the event of interference, except
    where it is impractical, similar to the BAS notification
    requirements. We believe this action will provide more certainty to
    licensed fixed, mobile, and particularly earth station operations
    without burdening CARS short-term itinerant operations. In this
    connection, we seek comment on whether the status of CARS short-term
    operations should be on a secondary, non-interference basis, similar
    to BAS short-term operations.[^50] Because short-term itinerant TVPU
    operations would be susceptible to interference if they deploy near
    FSS uplink earth stations, they would benefit by coordinating their
    use to avoid such deployment. Moreover, we encourage all parties to
    a coordination to cooperate in resolving any potential interference
    concerns regarding a prospective short-term operation. We believe
    that the short-term operation procedures, described above, could be
    used by the short-term TVPU operants to address potential
    interference scenarios. Under these procedures, the short-term
    itinerant TVPU operants will likely contact either the local
    frequency coordinators or co-channel BAS/CARS licensees, who likely
    have been involved in FSS earth station coordinations and are aware
    of any existing FSS earth station in an area. Further, we do not
    believe there will be large areas where short-term itinerant
    operations would be precluded by FSS earth stations because the
    number of these earth stations should be limited. We seek comment on
    these proposals and whether other coordination steps would be
    necessary to address FSS sharing with short-term itinerant
    operations. For example, should FSS licensees maintain a point of
    contact to facilitate frequency engineering for short-term itinerant
    deployments[^51] to cover unplanned events? This point of contact
    could afford an avenue for rapid information exchange and thereby
    facilitate both the continued viability of short-term itinerant
    deployments and the protection of FSS operations. Alternatively,
    absent any coordination as described above, FSS entities could take
    precautions to protect downlink earth stations from interference
    from short-term itinerant TVPU operations.[^52]

33. In connection with the use of Parts 25 and 101 coordination
    procedures for the coordination of FSS earth stations with mobile
    stations in the 7 GHz and 13 GHz bands, we note that the
    interference protection criteria in Sections 101.105(a), (b),
    and (c) for FS, and referenced by Sections 74.638 and 78.36,
    respectively, for BAS and CARS, specifically address the protection
    of fixed stations, but not mobile stations. We seek comment on
    whether those rules should be amended to apply specifically to
    mobile as well as fixed stations, whether they should be
    supplemented to include criteria unique to the protection on mobile
    and fixed receivers used in conjunction with mobile stations, and
    what the additional criteria should be. Commenters recommending
    additional criteria, such as the baseline interference and threshold
    degradation figures in Sections 101.105(a) and (b) or the
    conservative default criteria in Section 101.105(c)(2), should
    support their proposals with engineering showings.

34. We believe that the approaches described above for coordinating FSS
    (both NGSO and GSO) and BAS/CARS mobile operations achieve a viable
    balance between the needs of FSS licensees for certainty and
    reliability and the needs of BAS/CARS for flexibility. We seek
    comment on these findings and proposals, as well as any
    modifications to the above procedures that would enhance the good
    faith and speed of participants or otherwise improve or streamline
    the process without compromising our goals.

35. *Coordination of FSS and Fixed BAS and CARS Operations:* In both ET
    Docket No. 98-142 and ET Docket No. 98‑206, the Commission stated
    its belief that Parts 25 and 101 coordination procedures could
    protect both NGSO FSS earth stations and fixed BAS/CARS stations,
    but deferred adoption of those procedures to this proceeding, as
    discussed above.[^53] We propose to maintain the coordination
    procedures in Sections 25.203 and 25.251 for coordination of new FSS
    earth stations with fixed BAS/CARS stations in the 7 GHz and 13 GHz
    bands, and to adopt the coordination procedures set forth in
    Sections 101.21(f) and 101.103(d) for coordination of new fixed BAS
    and CARS stations with FSS earth stations, whether NGSO or GSO.[^54]
    These procedures and the ITU Appendix 7 technical criteria
    referenced by them have proven successful in coordinating FS
    facilities governed by Part 101 with FSS earth stations. Fixed BAS
    and CARS facilities under Part 74 and Part 78 are similar, if not
    identical, to the Part 101 FS facilities in frequency, technical
    characteristics, limitations, and use, and thus should be able to
    follow the same technical criteria for coordination purposes.[^55]
    We believe that the same coordination procedures should be used for
    coordinating fixed BAS and CARS with FSS in the 7 GHz and 13 GHz
    bands, as currently used for coordinating fixed FS with FSS in the
    nearby 6525‑6875 MHz and 10 GHz bands. We favor using uniform
    coordination procedures for similar services to simplify our rules
    and the frequency coordination process. Therefore, we propose to
    amend Sections 74.638 and 78.36 to reference Section 101.21(f) and
    101.103(d) procedures for coordinating fixed BAS/CARS facilities
    with FSS earth stations where the prospective fixed facilities are
    within the coordination contour of the FSS earth station, as defined
    in the ITU Appendix 7.[^56] We seek comment on this proposal. We
    also seek comment on whether any additional measures are needed, or
    any additional information should be exchanged, to ensure the
    efficacy of these coordination procedures for fixed BAS and CARS
    facilities.

36. We also propose that the FS interference protection criteria in
    Section 101.105(a), (b), and (c) apply to the protection of fixed
    BAS and CARS receivers and that new FSS earth stations use this
    criteria when coordinating with incumbent fixed BAS and CARS
    operations.[^57] We believe use of these criteria will be as
    successful for protecting fixed BAS and CARS receivers as they have
    proven to be for FS receivers. We seek comment on these conclusions
    and proposals.

# PROCEDURAL INFORMATION

37. *Paperwork Reduction Analysis.* This Notice of Proposed Rulemaking
    contains a proposed and/or modified information collection. 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. Written comments on the proposed information
    collection must be submitted by the public, Office of Management and
    Budget (OMB) and other interested parties on or before **\[60 days
    from the date of publication of the NPRM in the Federal
    Register\].**

38. *Initial Regulatory Flexibility Analysis*. The analysis pursuant to
    the Regulatory Flexibility Act of 1980, as amended, *see* 5 U.S.C.
    Section 603, is contained in Appendix B.

39. *Ex Parte Presentation.* This is a permit-but-disclose rule making
    proceeding. *Ex parte* presentations are permitted, provided they
    are disclosed as provided in Commission Rules.[^58]

40. *Authority.* This action is taken pursuant to Sections 4(i), 4(j),
    7(a), 303(c), 303(f), 303(g), and 303(r) of the Communications Act
    of 1934, as amended, 47 U.S.C. Sections 154(i), 157(a), 303(c),
    303(f), 303(g), and 303(r).

41. *Comments:* Pursuant to Sections 1.415 and 1.419 of the
    Commission\'s rules, 47 C.F.R. §§ 1.415, 1.419, interested parties
    may file comments on or before **\[30 days after publication in the
    Federal Register\], and reply comments on or before \[45 days after
    publication in the Federal Register\].** Comments may be filed using
    the Commission\'s Electronic Comment Filing System (ECFS) or by
    filing paper copies. [See]{.underline} [Electronic Filing of
    Documents in Rulemaking Proceedings]{.underline}, 63 Fed. Reg. 24121
    (1998).

42. Written comments by the public on the \[proposed and/or modified\]
    information collections are due **\[60 days from date of publication
    in the Federal Register\].** Written comments must be submitted by
    the public, Office of Management and Budget (OMB) and other
    interested parties on the proposed and/or modified information
    collections on or before **\[60 days from date of publication in the
    Federal Register\]**. In addition to filing comments with the
    Secretary, a copy of any comments on the information collection(s)
    contained herein should be submitted to Judith Boley Herman, Federal
    Communications Commission, Room 1-C804, 445 12^th^ Street, SW,
    Washington, DC 20554, or via the Internet to <jboley@fcc.gov> and to
    Kim A. Johnson, OMB Desk Officer, Room 10236 NEOB, 725 17^th^
    Street, N.W., Washington, DC 20503 or via the Internet to
    Kim_A.\_Johnson@omb.eop.gov.

43. 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, U.S. Postal Service mailing address, and
    the applicable docket or rulemaking number. Parties may also submit
    an electronic comment by Internet e-mail. To get filing instructions
    for e-mail comments, commenters should send an e-mail to
    ecfs@fcc.gov, and should include the following words in the body of
    the message, \"get form \<your e-mail address.\" A sample form and
    directions will be sent in reply.

44. 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
    appear in the caption of this proceeding, commenters must submit two
    additional copies for each additional docket or rulemaking number.
    Parties who choose to file by paper should also submit their
    comments on diskette. Such a submission should be on a 3.5-inch
    diskette formatted in an IBM compatible format using Microsoft Word
    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,
    proceeding (including the lead docket number, 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 party's pleading, preferably in a single
    electronic file. In addition, commenters must send diskette copies
    to the Commission's copy contractor, Qualex International, Portals
    II, 445 12th Street, SW, Room CY-B402, Washington, DC, 20554. All
    filings must be addressed to the Commission\'s Secretary, Marlene H.
    Dortch, Office of the Secretary, Federal Communications Commission.

45. Filings can be sent by hand or messenger delivery, by commercial
    overnight courier, or by first-class or overnight U.S. Postal
    Service mail (although we continue to experience delays in receiving
    U.S. Postal Service mail). The Commission\'s contractor, Natek,
    Inc., will receive hand-delivered or messenger-delivered paper
    filings for the Commission\'s Secretary at 236 Massachusetts Avenue,
    N.E., Suite 110, Washington, D.C. 20002. The filing hours at this
    location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held
    together with rubber bands or fasteners. Any envelopes must be
    disposed of before entering the building. Commercial overnight mail
    (other than U.S. Postal Service Express Mail and Priority Mail) must
    be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S.
    Postal Service first-class mail, Express Mail, and Priority Mail
    should be addressed to 445 12th Street, SW, Washington, D.C. 20554.
    All filings must be addressed to the Commission\'s Secretary,
    Marlene H. Dortch, Office of the Secretary, Federal Communications
    Commission.

46. Alternative formats (computer diskette, large print, audio cassette
    and Braille) are available to persons with disabilities by
    contacting Brian Millin at (202) 418-7426, TTY (202) 418-2555, or
    via e-mail to Brian.Millin@fcc.gov. This *Notice* can also be
    downloaded at <http://www.fcc.gov/oet>

47. *Further Information.* For further information concerning this
    Notice of Proposed Rule Making, contact the Office of Engineering
    and Technology, Ted Ryder, (202)418-2803, email <tryder@fcc.gov>, or
    James Miller, (202) 418-7351, TTY (202) 418-2989, email
    <jjmiller@fcc.gov>.

# Ordering clauseS

48. IT IS ORDERED, that pursuant to Sections 4(i), 4(j), 7(a), 303(c),
    303(f), 303(g), and 303(r) of the Communications Act of 1934, as
    amended, 47 U.S.C. Sections 154(i), 157(a), 303(c), 303(f), 303(g),
    and 303(r), this Notice of Proposed Rule Making is hereby ADOPTED.

49. IT IS FURTHER ORDERED that the Commission\'s Consumer and
    Governmental Affairs Bureau, Reference Information Center, SHALL
    SEND a copy of this Notice of Proposed Rule Making, including the
    Initial Regulatory Flexibility Analysis, to the Chief Counsel for
    Advocacy of the Small Business Administration.

> FEDERAL COMMUNICATIONS COMMISSION

Marlene Dortch

Secretary

**APPENDIX A: PROPOSED RULES**

For the reasons discussed in the preamble, the FCC proposes changes to
47 C.F.R. Parts 25, 74, and 78 as follows:

**PART 25 -- SATELLITE COMMUNICATIONS**

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

    AUTHORITY: 47 U.S.C. 701-744. Interprets or applies 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 and 332, unless
    otherwise noted.

2.  Section 25.201 is proposed to be amended to add text as follows:

> **[§25.201 Definitions.]{.underline}**

\* \* \* \* \*

*Fixed Service Growth Zone.* A fixed service (FS) growth zone is any
county in which at least 30 FS frequencies are licensed to transmit in
the 10.7-11.7 GHz band. Growth zone determinations shall be made at the
time of submission of a request for coordination of the NGSO FSS gateway
earth station to a frequency coordinator and shall be a component of the
coordination process required under this Part.

\* \* \* \* \*

3.  Section 25.203 is proposed to be amended to add new subsection (l)
    to read as follows:

    **[§ 25.203 Choice of sites and frequencies]{.underline}.**

    \* \* \* \* \*

\(l\) NGSO FSS gateway earth stations operating in the 10.7-11.7 GHz
band may be located in a fixed service (FS) growth zone, as defined by §
25.201 of this Part and recognized during the gateway earth station's
coordination process pursuant to its license application, subject to the
following conditions:

\(1\) The NGSO FSS gateway earth station located in the FS growth zone
shall be in accordance with standard coordination procedures, except
that coordination shall assume that all FS stations relevant to the
coordination are operating on all FS transmit frequencies in the
10.7-11.7 GHz band; and

\(2\) If an FS applicant seeking to operate a new FS station in an FS
growth zone would be precluded, under the standard coordination
procedures, at a particular location in the band due to the existence of
the gateway earth station, the gateway earth station licensee shall, at
the FS applicant\'s request, be responsible for reducing the effect on
the gateway earth station of the power radiated by the proposed FS
station to the greatest extent practicable, consistent with sound
engineering practices and in a manner that does not materially degrade
the operational capabilities of the gateway earth station, up to a
maximum of 20 dB below the interference level derived from the
free-space coordination calculation; and

\(3\) In order to locate an NGSO FSS gateway earth station at a
particular site within an FS growth zone that otherwise would not be
acceptable under the standard coordination procedures, an NGSO FSS
gateway earth station applicant may voluntarily agree to accept, from a
specified azimuth, a certain level of interference from a particular FS
station in excess of the level that would be consistent with the
standard coordination procedures. To the extent that an NGSO FSS gateway
earth station is sited pursuant to this subsection, the licensee shall
in the future be obligated to continue to accept, from that specified
azimuth, that same aggregate level of interference from any FS stations;
and

\(4\) In coordinating a new FS station with an NGSO FSS gateway earth
station located in an FS growth zone, the coordination shall not take
into account NGSO FSS gateway earth station antenna elevation angles
below the lowest geometric elevation angle that can be employed by the
NGSO FSS gateway earth station for each direction of azimuth, taking
into account the specific characteristics of the relevant satellite
constellation; and

\(5\) If, at the time of submission of a request for coordination of a
particular NGSO FSS gateway earth station site to a frequency
coordinator, that site is located outside of any FS growth zone, any
NGSO FSS gateway earth station facility subsequently licensed to operate
at that site shall not be subject to the provisions of subsections
(l)(1), (2), (3), or (4) of this section, regardless of whether the
county in which that site is located subsequently becomes an FS growth
zone.

\* \* \* \* \*

**PART 74 -- EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTION SERVICES**

4.  The authority citation for Part 74 continues to read as follows:

    AUTHORITY: 47 U.S.C. 154, 303 307, 336(f), 336(h) and 554.

5.  Section 74.638 is proposed to be amended by revising paragraph (a),
    paragraph (b), the introductory text of paragraph (c), and
    paragraph (d) to read as follows:

    **[§ 74.638 Frequency coordination]{.underline}.**

    \(a\) Coordination of all frequency assignments for fixed stations
    in all bands above 2110 MHz, and for mobile (temporary fixed)
    stations in the bands 6425-6525 MHz and 17.7-19.7 GHz, will be in
    accordance with the procedure established in paragraph (b) of this
    section, except that the prior coordination process for mobile
    (temporary fixed) assignments may be completed orally and the period
    allowed for response to a coordination notification may be less than
    30 days if the parties agree. Coordination of all frequency
    assignments for all mobile (temporary fixed) stations in all bands
    above 2110 MHz, except the bands 6425-6525 MHz and 17.7-19.7 GHz,
    will be conducted in accordance with the procedure established in
    paragraph (b) of this section or with the procedure in paragraph (d)
    of this section. Coordination of all frequency assignments for all
    fixed stations in the band 1990-2110 MHz will be in accordance with
    the procedure established in paragraph (c) of this section.
    Coordination of all frequency assignments for all mobile (temporary
    fixed) stations in the band 1990-2110 MHz will be conducted in
    accordance with the procedure in paragraph (d) of this section.

    \(b\) For each frequency coordinated under this paragraph, the
    interference protection criteria in § 101.105(a), (b), and (c) of
    this chapter and the frequency usage coordination procedures in §
    101.103(d) of this chapter will apply.

    \(c\) For each frequency coordinated under this paragraph, the
    following frequency usage coordination procedures will apply:

    \* \* \*

    \(d\) For each frequency coordinated under this paragraph,
    applicants are responsible for selecting the frequency assignments
    that are least likely to result in mutual interference with other
    licensees in the same area. Applicants may consult local frequency
    coordination committees, where they exist, for information on
    frequencies available in the area. In selecting frequencies,
    consideration should be given to the relative location of receive
    points, normal transmission paths, and the nature of the
    contemplated operation.

**PART 78 -- CABLE TELEVISION RELAY SERVICE**

6.  The authority for part 78 continues to read as follows:

    Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as
    amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47 U.S.C.
    152, 153, 154, 301, 303, 307, 308, 309.

7.  Section 78.11 is proposed to be amended by adding two clauses to the
    end of paragraph (e) to read as follows:

    **[§ 78.11 Permissible service]{.underline}.**

    \* \* \* \* \*

    \(e\) \* \* \*

    \(1\) \* \* \*: *And provided, further,* that prior to such
    operation, the licensee shall, for the intended location or
    area‑of‑operation, notify the appropriate frequency coordination
    committee or any licensee(s) assigned the use of the proposed
    operating frequency, including licensees of fixed-satellite service
    earth stations, concerning the particulars of the intended
    operation, and shall provide the name and telephone number of a
    person who may be contacted in the event of interference, except
    that this notification provision shall not apply where an
    unanticipated need for immediate short‑term mobile station operation
    would render this notification provision impractical.

    \* \* \* \* \*

8.  Section 78.36 is proposed to be amended to revise paragraph (a), the
    introductory text of paragraph (b), paragraph (b)(1), the
    introductory text of paragraph (c), and paragraph (d) to read as
    follows:

    **[§ 78.36 Frequency coordination]{.underline}.**

    \(a\) Coordination of all frequency assignments for fixed stations
    in all bands above 2110 MHz, and for mobile (temporary fixed)
    stations in the bands 6425-6525 MHz and 17.7-19.7 GHz, will be in
    accordance with the procedure established in paragraph (b) of this
    section, except that the prior coordination process for mobile
    (temporary fixed) assignments may be completed orally and the period
    allowed for response to a coordination notification may be less than
    30 days if the parties agree. Coordination of all frequency
    assignments for all mobile (temporary fixed) stations in all bands
    above 2110 MHz, except the bands 6425-6525 MHz and 17.7-19.7 GHz,
    will be conducted in accordance with the procedure established in
    paragraph (b) of this section or with the procedure in paragraph (d)
    of this section. Coordination of all frequency assignments for all
    fixed stations in the band 1990-2110 MHz will be in accordance with
    the procedure established in paragraph (c) of this section.
    Coordination of all frequency assignments for all mobile (temporary
    fixed) stations in the band 1990-2110 MHz will be conducted in
    accordance with the procedure in paragraph (d) of this section.

    \(b\) For each frequency coordinated under this part, the
    interference protection criteria in § 101.105(a), (b), and (c) of
    this chapter and the following frequency usage coordination
    procedures will apply:

    \(1\) General requirements. Proposed frequency usage must be prior
    coordinated with existing licensees, permittees, and applicants in
    the area, and other applicants with previously filed applications,
    whose facilities could affect or be affected by the new proposal in
    terms of frequency interference on active channels, applied-for
    channels, or channels coordinated for future growth. Coordination
    must be completed prior to filing an application for regular
    authorization, or a major amendment to a pending application, or any
    major modification to a license. In coordinating frequency usage
    with stations in the fixed satellite service, applicants must also
    comply with the requirements of § 101.21(f). In engineering a system
    or modification thereto, the applicant must, by appropriate studies
    and analyses, select sites, transmitters, antennas and frequencies
    that will avoid interference in excess of permissible levels to
    other users. All applicants and licensees must cooperate fully and
    make reasonable efforts to resolve technical problems and conflicts
    that may inhibit the most effective and efficient use of the radio
    spectrum; however, the party being coordinated with is not obligated
    to suggest changes or re-engineer a proposal in cases involving
    conflicts. Applicants should make every reasonable effort to avoid
    blocking the growth of systems as prior coordinated. The applicant
    must identify in the application all entities with which the
    technical proposal was coordinated. In the event that technical
    problems are not resolved, an explanation must be submitted with the
    application. Where technical problems are resolved by an agreement
    or operating arrangement between the parties that would require
    special procedures be taken to reduce the likelihood of interference
    in excess of permissible levels (such as the use of artificial site
    shielding) or would result in a reduction of quality or capacity of
    either system, the details thereof may be contained in the
    application.

    \* \* \* \* \*

    \(c\) For each frequency coordinated under this part, the following
    frequency usage coordination procedures will apply:

    \* \* \*

    \(d\) For each frequency coordinated under this part, applicants are
    responsible for selecting the frequency assignments that are least
    likely to result in mutual interference with other licensees in the
    same area. Applicants may consult local frequency coordination
    committees, where they exist, for information on frequencies
    available in the area. In selecting frequencies, consideration
    should be given to the relative location of receive points, normal
    transmission paths, and the nature of the contemplated operation.

**APPENDIX B: INITIAL REGULATORY FLEXIBILITY ANALYSIS**

As required by the Regulatory Flexibility Act (\"RFA\"),[^59] 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
(\"Notice\"). Written public comments are requested on this IRFA.
Comments must be identified as responses to the IRFA and must be filed
by the deadlines for comments on the Notice provided above. The
Commission will send a copy of the Notice, 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 and IRFA (or summaries
thereof) will be published in the Federal Register.

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

By this action (Notice), we propose to modify our frequency coordination
rules to promote sharing between non-geostationary satellite orbit
(NGSO) and geostationary satellite orbit (GSO) fixed-satellite service
(FSS) operations and various terrestrial services operating in several
frequency bands. Specifically, we consider a joint proposal by SkyBridge
L.L.C.) and the Fixed Wireless Communications Coalition (Skybridge/FWCC
Growth Zone Proposal) to supplement our existing coordination procedures
to promote sharing between new NGSO FSS space-to-Earth (downlink)
operations and existing Fixed Service (FS) operations in the
10.7‑11.7 GHz (10 GHz) band.[^60] We also set forth proposals for
amending our frequency coordination rules to address situations where
NGSO FSS and GSO FSS operations share spectrum with terrestrial
operations in the FS, Broadcast Auxiliary Service (BAS) and Cable
Television Relay Service (CARS) in various bands. Specifically, we:

-   Propose to apply the principles of the Skybridge/FWCC Growth Zone
    Proposal to our coordination rules for NGSO FSS downlink operations
    sharing with FS operations in the 10 GHz band;

-   Propose to apply the existing Parts 25 and 101 coordination rules
    for coordination of new FSS (both NGSO and GSO) earth stations with
    mobile BAS/CARS operations in the 6875‑7075 MHz (7 GHz) and
    12750-13250 MHz (13 GHz) bands, and consider whether any additions
    or modifications to the rules are needed to address the operating
    characteristics of mobile services;

-   Propose to allow either the Parts 74 and 78 informal *ad hoc*
    coordination rules or the Part 101 coordination rules to be used for
    the coordination of mobile BAS/CARS operations with FSS (both NGSO
    and GSO) earth stations, in the 7 GHz and 13 GHz bands, and consider
    whether any additions or modifications of these rules are needed;
    and,

-   Propose to apply the existing Parts 25 and 101 coordination rules
    for sharing between new NGSO FSS earth stations and fixed BAS/CARS
    operations in the 7 GHz and 13 GHz bands.

    We undertake this proceeding to facilitate the introduction of new
    satellite and terrestrial services while promoting interference
    protection among the various users in these bands.

**Legal Basis**

The proposed action is authorized under Sections 4(i), 7(a), 303(c),
303(f), 303(g), and 303(r) of the Communications Act of 1934, as
amended, 47 U.S.C. §§ 154(i), 157(a), 303(c), 303(f), 303(g), and
303(r).

**Description and Estimate of the Number of Small Entities To Which the
Proposed Rules May Apply**

The RFA generally defines the term \"small entity\" as having the same
meaning as the terms \"small business,\" \"small organization,\" and
\"small governmental jurisdiction.\"[^61] In addition, the term \"small
business\" has the same meaning as the term \"small business concern\"
under the Small Business Act.[^62] 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\").[^63] A small
organization is generally "any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field."[^64]
Nationwide, as of 1992, there were approximately 275,801 small
organizations.[^65] The term \"small governmental jurisdiction\" is
defined as "governments of cities, towns, townships, villages, school
districts, or special districts, with a population of less than fifty
thousand."[^66] As of 1997, there were about 87,453 governmental
jurisdictions in the United States.[^67] This number includes 39,044
county governments, municipalities, and townships, of which 37,546
(approximately 96.2%) have populations of fewer than 50,000, and of
which 1,498 have populations of 50,000 or more. Thus we estimate the
number of small governmental jurisdictions overall to be 84,098 or
fewer.

Regarding incumbent cable television operations in the affected bands,
the SBA has developed a small business size standard for Cable and Other
Program Distribution, which consists of all such firms having \$12.5
million or less in annual receipts.[^68] This category 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
Census Bureau data for 1997, there were a total of 1,311 firms in this
category, total, that had operated for the entire year.[^69] Of this
total, 1,180 firms had annual receipts of under \$10 million and an
additional 52 firms had receipts of \$10 million or more but less than
\$25 million. Consequently, the Commission estimates that the majority
of providers in this service category are small businesses that may be
affected by the rules and policies adopted herein.

In addition, the Commission has developed its own small business size
standard for cable system operators, for purposes of rate regulation.
Under the Commission's rules, a "small cable company" is one serving
fewer than 400,000 subscribers nationwide.[^70] Estimates indicate that
there were 1,439 cable operators who qualified as small cable system
operators at the end of 1995.[^71] 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, the Commission estimates that there are
now fewer than 1,439 small entity cable system operators that may be
affected by the rules and policies adopted herein.

Further, the Communications Act of 1934, as amended, also contains a
size standard for small cable system operators, 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."[^72] The Commission has determined
that there are 67,700,000 subscribers in the United States.[^73]
Therefore, an operator serving fewer than 677,000 subscribers shall be
deemed a small operator, if its annual revenues, when combined with the
total annual revenues of all its affiliates, do not exceed \$250 million
in the aggregate.[^74] Based on available data, the Commission estimates
that the number of cable operators serving 677,000 subscribers or fewer,
totals 1,450.[^75] The Commission neither requests nor collects
information on whether cable system operators are affiliated with
entities whose gross annual revenues exceed \$250 million,[^76] and
therefore are unable, at this time, to estimate more accurately the
number of cable system operators that would qualify as small cable
operators under the size standard contained in the Communications Act of
1934.

Regarding incumbent GSO FSS satellite use and the proposed NGSO FSS use
in these requested bands, the Commission has not developed a definition
of small entities specifically directed toward geostationary or
non-geostationary orbit fixed-satellite service applicants or licensees.
The SBA has developed a size standard for a small business within the
category of Satellite Telecommunications. Under that SBA size standard,
such a business is small if it has \$12.5 million or less in average
annual receipts.[^77] According to Census Bureau data for 1997, in this
category there was a total of 324 firms that operated for the entire
year.[^78] Of this total, 273 firms had annual receipts of under \$10
million, and an additional twenty-four firms had receipts of \$10
million to \$24,999,999.[^79] Thus, under this size standard, the
majority of firms can be considered small. Generally, these NGSO and GSO
FSS systems cost several millions of dollars to construct and operate.
Therefore the NGSO and GSO FSS companies, or their parent companies,
rarely qualify under this definition as a small entity.

Auxiliary, Special Broadcast and other program distribution services
involve 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 specific to broadcast auxiliary licensees. The U.S. Small
Business Administration (SBA) has developed small business size
standards, as follows: 1) For TV BAS, we will use the size standard for
Television Broadcasting, *infra*;[^80] 2) For Aural BAS, we will use the
size standard for Radio Stations, *infra*;[^81] 3) For Remote Pickup BAS
we will use the small business size standard for Television Broadcasting
when used by a TV station and that for Radio Stations when used by such
a station.

The SBA has developed a small business sized standard for television
broadcasting, which consists of all such firms having \$12 million or
less in annual receipts.[^82] Business concerns included in this
industry are those "primarily engaged in broadcasting images together
with sound."[^83] According to Commission staff review of BIA
Publications, Inc. Master Access Television Analyzer Database as of May
16, 2003, about 814 of the 1,220 commercial television stations in the
United States had revenues of \$12 million or less. We note, however,
that, in assessing whether a business concern qualifies as small under
the above definition, business (control) affiliations[^84] must be
included.[^85] Our estimate, therefore, likely overstates the number of
small entities that might be affected by our action, because the revenue
figure on which it is based does not include or aggregate revenues from
affiliated companies. There are also 2,127 low power television stations
(LPTV).[^86] Given the nature of this service, we will presume that all
LPTV licensees qualify as small entities under the SBA size standard.

The SBA has developed a small business size standard for Radio Stations,
which consists of all such firms having \$6 million or less in annual
receipts.[^87] Business concerns included in this industry are those
"primarily engaged in broadcasting aural programs by radio to the
public."[^88] According to Commission staff review of BIA Publications,
Inc., Master Access Radio Analyzer Database, as of May 16, 2003, about
10,427 of the 10,945 commercial radio stations in the United States had
revenue of \$6 million or less. We note, however, that many radio
stations are affiliated with much larger corporations with much higher
revenue, and, that in assessing whether a business concern qualifies as
small under the above definition, such business (control)
affiliations[^89] are included.[^90] Our estimate, therefore, likely
overstates the number of small businesses that might be affected by our
action.

We believe, however, that most, if not all, of the 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.

Incumbent microwave services in the 7 GHz, 10 GHz, and 13 GHz bands
include common carrier, private operational fixed, and BAS services.
Presently there may be up to 22,015 common carrier fixed licensees and
61,670 private operational-fixed licensees and broadcast auxiliary radio
licensees in the microwave services. The SBA has developed a small
business size standard for Cellular and other Wireless
Telecommunications, which consists of all such companies having 1,500 or
fewer employees.[^91] According to Census Bureau data for 1997, there
were 977 firms in this category, total, that operated for the entire
year.[^92] Of this total, 965 firms had employment of 999 or fewer
employees, and an additional 12 had employment of 1,000 employees or
more.[^93] Thus, under this standard, the majority of firms can be
considered small. 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.

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

We propose changes to the Part 74, 78, and 101 rules governing
coordination between NGSO FSS and other terrestrial services.
Specifically, certain obligations will be imposed on NGSO FSS licensees
in order to protect potential growth opportunities for terrestrial
services in the 10 GHz band, and proposed coordination rules will govern
the use of shared frequencies between FSS and BAS/CARS terrestrial
services in the 7 and 13 GHz bands.[^94] As noted in the section
entitled "Need for, and Objectives of, the Proposed Rules", *supra*, in
the 7 and 13 GHz bands, we are applying existing Parts 25 and 101
coordination rules for coordination of new FSS earth stations with
mobile BAS/CARS operations; allowing either existing Part 74/78 *ad hoc*
coordination rules or Part 101 coordination rules for coordination of
new BAS/CARS mobile operations with FSS earth stations; and applying
existing Parts 25 and 101 coordination rules for coordination of new FSS
earth stations and new fixed BAS/CARS operations.[^95]

**Steps Taken to Minimize Significant Economic Impact on Small Entities,
and Significant Alternatives Considered**

The RFA requires an agency to describe any significant, specifically
small business, alternatives that it has considered in reaching its
proposed approach, which may include the following four alternatives
(among others): "(1) the establishment of differing compliance or
reporting requirements or timetables that take into account the
resources available to small entities; (2) the clarification,
consolidation, or simplification of compliance and reporting
requirements under the rule for such small entities; (3) the use of
performance rather than design standards; and (4) an exemption from
coverage of the rule, or any part thereof, for such small
entities."[^96]

We propose to adopt or seek comment on adequate spectrum sharing
criteria to minimize the potential for interference of these new NGSO
FSS operations on incumbent operations, many of which qualify as small
entities. Further, to promote system growth for the fixed microwave
service, we are proposing to establish obligations on NGSO FSS licensees
to ensure flexible growth potential. This proposal should permit FS
small entities some level of assurance that future terrestrial links can
be established without hindrance from NGSO FSS earth stations. Further,
our coordination rules will ensure that BAS, CARS, and NGSO FSS services
can operate sharing these bands without impacting other services'
operations. We also note that, in the Discussion Section of the Notice,
we have requested comment from small businesses and other small entities
concerning the alternatives proposed for our coordination rules.[^97] We
request comment on our conclusions and any alternatives to our proposals
that could minimize the impact of this action on small entities.

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

None.

[^1]: *See* SkyBridge/FWCC *Ex Parte* Comments in ET Docket No. 98-206,
    filed December 8, 1999, at 3. These *ex parte* comments are included
    in the docket file for this proceeding. SkyBridge filed one of the
    petitions for rulemaking (RM-9147) to which ET Docket No. 98-206
    responds and is one of four applicants for NGSO FSS satellite
    systems in the 10 GHz band. The FWCC is a coalition of microwave
    equipment manufacturers, licensees, and their associations, and
    communications service providers and their associations, interested
    in terrestrial fixed microwave communications.

[^2]: *Amendment of Parts 2 and 25 of the Commission's Rules to Permit
    Operation of NGSO FSS Systems Co-Frequency with GSO and Terrestrial
    Systems in the Ku-Band Frequency Range,* FCC 00-418, *First Report
    and Order and Further Notice of Proposed Rule Making,* ET Docket No.
    98-206, 16 FCC Rcd 4096 (rel. Dec. 8, 2000).

[^3]: NGSO satellite systems are characterized by a constellation of
    satellites continuously orbiting the earth. Rather than appearing to
    remain stationary relative to a fixed user as a geostationary
    satellite does, NGSO satellites move across the sky from horizon to
    horizon relative to a fixed point on Earth. In a geostationary
    orbit, the GSO satellite\'s position appears fixed relative to an
    observer on the Earth because the satellite is orbiting the Earth at
    the same rate as the Earth spins. Coordination between NGSO and
    terrestrial operations is complicated by the variability of the
    satellites' orbital positions relative to the surface of the Earth,
    a factor absent in the GSO to terrestrial sharing case. For the
    purposes of NGSO FSS in the Ku-band (10-14 GHz frequency range), our
    rules generally define an NGSO FSS gateway earth station as an earth
    station complex consisting of multiple interconnecting earth station
    antennas supporting the communication routing and switching
    functions of an NGSO FSS system as a whole. A service link is a
    bi-directional transmission path between a satellite and subscriber
    earth stations. *See* 47 C.F.R. § 25.201.

[^4]: *See FCC Seeks Comment on SkyBridge and FWCC Ex Parte Filings on
    Regulatory Scheme for Shared Use of the 10.7-11.7 GHz Band*, ET
    Docket No. 98-206, *Public Notice*, DA 99-3008 (rel. Dec. 27, 1999)
    \[hereinafter *Growth Zone Public Notice*\]; *NGSO FSS Ku-Band R&O*
    ¶ 67 (deferring further analysis of the proposal to this
    proceeding). In responses to the Public Notice on December 27, 1999,
    11 parties commented on the Skybridge/FWCC Growth Zone Proposal.

[^5]: A BAS mobile television pickup ("TVPU") station is defined as a
    land mobile station used for the transmission of TV program material
    and related communications from scenes of events occurring at points
    removed from the TV station studios to a TV broadcast, Class A TV,
    or low power TV station, or other purposes as authorized in § 74.631
    (*e.g.*, transmission to the network(s) with which the television
    broadcast station is affiliated; temporary studio-transmitter links
    ("STL") or TV relay links ("TVR") consistent with Section 74.632). A
    CARS TVPU is similarly defined by Section 78.5, for transmissions
    from scenes of events to cable television studios or headends. *See*
    47 C.F.R. §§ 74.601, 74.631, 74.632, and 78.5(d). Fixed operations
    previously licensed within 50 km of the top 100 TV markets in the
    13.15-13.2125 GHz band may continue to operate subject to periodic
    license renewals. *See* 47 C.F.R. §§ 74.602 and 78.18. *See also
    NGSO FSS Ku-Band R&O* at ¶ 126 and *Amendment of Parts 2, 25 of the
    Commission\'s Rules to Permit Operation of NGSO FSS Systems
    Co-Frequency with GSO and Terrestrial Systems in the Ku-Band*, ET
    Docket No. 98-206, *Second Memorandum Opinion and Order*, FCC 03-25,
    (rel. Feb. 11, 2003) at ¶¶ 11-13.

[^6]: *See* *NGSO Ku-Band R&O* at ¶ 128.

[^7]: *Amendment of Parts 2, 25 and 97 of the Commission's Rules with
    Regard to the Mobile-Satellite Service Above 1 GHz*, ET Docket No.
    98-142, *Report and Order*, FCC 02-23, 76 FR 17288 (Apr. 10, 2002),
    17 FCC Rcd 2658 (2002). A feeder link is a bi-directional
    transmission path between a satellite and an earth station at a
    fixed point. Feeder links convey information for a space radio
    communication service other than the fixed-satellite service. *See*
    47 C.F.R. § 2.1.

[^8]: *See NGSO FSS Ku-Band R&O* at ¶ 39.

[^9]: *See* *MSS Feeder Link R&O* ¶¶ 55-57. These NGSO MSS systems use
    2 GHz spectrum for service links and also have feeder uplink
    operations in the 5091-5250 MHz and 15.43-15.63 GHz bands, but no
    additional coordination rules are necessary for the feeder uplink
    bands, as sharing and coordination for those bands were addressed in
    the *MSS Feeder Link R&O.* *See MSS Feeder Link R&O* ¶¶ 16-19,
    67-69.

[^10]: *See Revisions to Broadcast Auxiliary Service Rules in Part 74
    and Conforming Technical Rules for Broadcast Auxiliary Service,
    Cable Television Relay Service and Fixed Services in Parts 74, 78
    and 101 of the Commission's Rules*, ET Docket No. 01-75, *Report and
    Order*, FCC 02-298 ¶¶ 60-62, 64 ("*BAS/CARS R&O"*).

[^11]: 47 C.F.R. §§ 74.638, 78.36.

[^12]: There are approximately 4100 fixed point-to-point stations in the
    10 GHz band.

[^13]: 47 C.F.R. § 2.106 NG104. There are 128 GSO earth stations
    licensed in the 10 GHz band. There are also feeder link earth
    station operations for GSO MSS in this band.

[^14]: *See, e.g.,* 47 C.F.R. §§ 101.21(f), 101.103(d), 25.203, and
    25.251.

[^15]: The coordination distances or contours for FSS earth stations can
    vary from 100 km to 500 km, depending on terrain and various
    technical criteria. Sharing techniques such as shielding,
    directional antennas, spatial diversity and frequency diversity can
    be used to allow stations to be deployed within the coordination
    contour. Our rules (47 C.F.R. §§ 74.638, 78.36) generally rely on
    the International Telecommunication Union ("ITU") Appendix 7
    technical definitions and techniques for performing the
    coordination. *See* International Telecommunication Union, Radio
    Regulations (2001), Appendix 7 (WRC-2000), Methods for the
    determination of the coordination area around an earth station in
    the frequency bands between 100 MHz and 105 GHz ("ITU Appendix 7").
    ITU Appendix 7 addresses NGSO as well as GSO earth stations, and
    mobile as well as fixed terrestrial services.

[^16]: Skybridge/FWCC Growth Zone Proposal, *supra* note 2, at 5-6.

[^17]: The 10 GHz band was identified as a relocation band for fixed
    point-to-point operations to be relocated from the 2 GHz band
    reallocated in 1993 in the Emerging Technologies proceeding and in
    1997 in the Mobile-Satellite Service (MSS) 2 GHz allocation
    proceeding. We continue to rely on this and other bands in the
    Ku-Band as a relocation home in other proceedings, such as for
    Advanced Wireless Services (AWS). *See* Amendment of Section 2.106
    of the Commission\'s Rules to Allocate Spectrum at 2 GHz for Use by
    the Mobile-Satellite Service, ET Docket No. 92‑9, *Second Report and
    Order*, 8 FCC Rcd 6495 (1993) (Emerging Technology proceeding). *See
    also* *First Report and Order & Further Notice of Proposed Rule
    Making*, ET Docket No. 95-18, 12 FCC Rcd 7388 (1997) (2 GHz MSS
    allocation proceeding). In *Amendment of Part 2 of the Commission's
    Rules to Allocate Spectrum Below 3 GHz for Mobile and Fixed Services
    to Support the Introduction of New Advanced Wireless Services,
    including Third Generation Wireless Systems*, ET Docket No. 00-258,
    *Second Report and Order*, FCC 02-304 (Rel. Nov. 15, 2002), the
    Commission stated its belief that the 4 GHz, 6 GHz, 10 GHz, and
    11 GHz bands first identified in the Emerging Technologies
    proceeding continue to be viable suitable spectrum for microwave
    incumbent licenses to be relocated for AWS; *see also Emerging
    Technologies Second Report and Order*, 8 FCC Rcd 6495 (1993).

[^18]: There are one GSO uplink earth station licensed in the 7 GHz band
    and 11 GSO uplink earth stations licensed in the 13 GHz band.

[^19]: *See* 47 C.F.R. §§ 74.602, 78.18.

[^20]: Fixed receiver sites for TVPU signals are typically located on
    tall buildings, towers, or mountain tops and employ remotely
    steerable directional antenna(s), thus affording maximum coverage of
    TVPU transmissions within the operations area.

[^21]: *See* 47 C.F.R. § 74.632(a), (c).

[^22]: For example, while one local TV station may only need to operate
    within a 15 mile radius to accommodate its ENG, another entity may
    need to operate with a 100 mile radius, within a county, or in a
    wide region within a state, to accomplish its ENG operations. In the
    Commission's database, approximately 25% of BAS TVPU stations in the
    6875-7075 MHz and 12750-13250 MHz bands are licensed by point and
    radius, while the remainder are generally licensed by city.

[^23]: Aeronautical and wide area TVPU operations use the same
    frequencies as fixed BAS/CARS and other TVPU operations.
    Authorization of multiple frequencies enables frequency selection to
    avert interference to other operations as the TVPU's location and
    antenna pointing change for each different operation.

[^24]: *See* 47 C.F.R. § 74.24 and 78.11.

[^25]: We note that public safety and Homeland Security organizations
    often rely upon such coverage for immediate and up-to-the-minute
    information.

[^26]: *See* 47 C.F.R. §§ 74.602(a), 74.602(d), 74.604(b), 74.604(c),
    78.18(b), and 78.18(l). Licensees of mobile BAS/CARS TVPUs have a
    strong incentive to do so because most of the fixed BAS/CARS
    stations they are protecting belong to them.

[^27]: For BAS, Section 74.638(b) incorporates by reference the
    coordination procedures in Section 101.103(d). For CARS, Section
    78.36 describes the same, rather than incorporate by reference, the
    coordination procedures in Section 101.103(d). For simplicity, our
    discussion will refer to the coordination procedures as Section
    101.103(d) procedures in both cases.

[^28]: Local frequency coordination committees are typically groups of
    or individual broadcast or cable entities who volunteer to assist
    other broadcast and cable entities in selecting frequency
    assignments to avoid interference to other broadcast and cable users
    in an area.

[^29]: If no response is received within the 30 day period, the
    applicant will be deemed to have made reasonable efforts to
    coordinate and may file its application. *See* 47 C.F.R. §
    101.103(d).

[^30]: *See* 47 C.F.R. §§ 74.638(b), 78.36(b)

[^31]: *See* 47 C.F.R. §§ 74.638(b) and 78.36(b), which reference the
    interference criteria specified in Section 101.105 and the
    coordination procedures in Section 101.103(d). We also note that
    these procedures, except at 6.5 GHz and 17.7-19.7 GHz, specifically
    exempt BAS/CARS from compliance with the provision in Section
    101.103(d) requiring compliance with Section 101.21(f) ("Technical
    Content of Applications") in coordinating frequency usage with FSS
    earth stations, as that matter was deferred to this rule making
    proceeding. *See* 47 C.F.R. §§ 74.638, 78.36 and 101.103(d), and
    101.105

[^32]: We note, however, that fixed receiver stations that communicate
    with CARS mobile TVPUs are licensed.

[^33]: *Amendment of Eligibility Requirements in Part 78 Regarding
    12 GHz Cable Television Relay Service*, CS Docket No. 99-250,
    RM-9257, *Report and Order*, FCC 02-149, 17 FCC Rcd 9930 (2002).

[^34]: *See* 47 C.F.R. §§ 25.203, 25.251 and 101.103(d). The Part 25
    rules reference the coordination procedures in Section 101.103(d).

[^35]: *See* 47 C.F.R. § 25.251(b).

[^36]: For example, the maximum coordination distances between NGSO FSS
    earth station and terrestrial facilities over land and coastal
    areas, respectively, are 375 km and 500 km. For aeronautical mobile,
    the coordination distance is always 500 km. *See* ITU Appendix 7 at
    Table 3, Table 10. These distances extend well beyond the radio
    horizons of the earth station and terrestrial facilities in order to
    consider over-the-horizon propagation of interfering signals by
    mechanisms such as tropospheric scatter, ducting, and rain scatter.
    *See* ITU Appendix 7 at 1.5.

[^37]: *See* 47 C.F.R. §§ 25.203 and 101.103(d).

[^38]: We note that SBE maintains a list of local broadcast frequency
    coordinators, by county, on its website at http:www.sbe.org.

[^39]: While our databases do not contain information regarding
    receive-only sites that communicate with BAS mobile TVPU operations,
    we believe that the new FSS entrant will be able to identify and
    protect such stations by contacting the appropriate BAS frequency
    coordinators, as well as eligible BAS licensees, within the
    coordination contour of the FSS earth station, to gather information
    prior to notification. Contacting nationwide licensees, and network
    or other entities whose short-term itinerant deployments may
    reasonably be expected nationwide, would also be prudent.

[^40]: *See* 47 C.F.R. §§ 25.203, 101.103.

[^41]: *See* 47 C.F.R §§ 25.203(b), 25.203(c)(4), 78.36(b)(1),
    101.103(d)(1). For example, where incumbent TVPU fixed receive sites
    or aeronautical deployments could be conducted with highly
    directional antennas to preclude harmful interference into or from
    the prospective new FSS earth station, where ground TVPU operation
    is not expected over a wide area within the coordination contour, or
    where alternate frequencies or frequency bands would normally
    accommodate TVPU operation adequately, the TVPU licensee could
    feasibly accept constraints on operations as appropriate to
    reasonably accommodate the proposed FSS earth station. Agreements
    could be reached to restrict the power, height/altitude, and
    pointing angle of TVPU facilities, including aeronautical TVPU
    transmitters in the downlink case, and TVPU fixed receive site and
    aeronautical receivers in the uplink case, based on distance from
    the FSS earth station. Further measures could incorporate exclusion
    of aeronautical TVPU operations on certain frequencies and limits on
    frequency use in areas where operation on alternate frequencies or
    frequency bands would not be blocked by other operations.

[^42]: *See* *MSS Feeder Link R&O* ¶ 39. These three FSS earth stations
    are associated with two NGSO satellite systems and are located in
    Brewster, Washington, licensed to Verestar, Inc., for operation in
    the 6975-7075 MHz band on May 10, 2001; in Clifton, Texas, licensed
    to Globalstar USA, LLC for operation in the 6875-7055 MHz band on
    Feb. 27, 1998; and in Finca Pascual, Puerto Rico, licensed to
    Globalstar Caribbean, Ltd for operation in the 6900‑7055 MHz band on
    June 23, 2000. *See Amendment of Parts 2, 25 and 97 of the
    Commission\'s Rules with Regard to the Mobile-Satellite Service
    Above 1 GHz*, ET Docket No. 98-142, *Memorandum Opinion and
    Order*, FCC 03-69, 68 FR 32406 (May 30, 2003), 18 FCC Rcd 6897 (rel.
    Apr. 2, 2003)(*MSS Feeder Link MO&O*) at n. 46.

[^43]: There are 11 GSO earth stations licensed in the 13 GHz band.

[^44]: Section 25.202(a)(1) limits NGSO FSS use of the 7 GHz, 10 GHz,
    and 13 GHz bands to gateway earth stations, subject to the
    operational and technical restrictions set forth in Section 25.201,
    which defines an NGSO FSS gateway earth station and requires
    conformance with the antenna performance standards in Section
    25.209(h). 47 C.F.R. §§ 25.201, 25.202(a)(1), and 25.209(h). We
    believe that this restrictive definition will limit proliferation.

[^45]: 47 C.F.R. §§ 74.24, 78.11.

[^46]: Section 74.24(c) provides: Short-term operation is on a
    secondary, non-interference basis to regularly authorized stations
    and shall be discontinued immediately upon notification that
    perceptible interference is being caused to the operation of a
    regularly authorized station. Short-term station operators shall, to
    the extent practicable, use only the effective radiated power and
    antenna height necessary for satisfactory system performance.

[^47]: *See* 47 C.F.R. § 74.24(g).

[^48]: *See BAS/CARS R&O* at ¶ 90.

[^49]: Coordination would not only serve to protect FSS downlink earth
    stations from short-term operations in the 7 GHz band, but could
    also be used to properly site and engineer short-term operations to
    avert interference from FSS uplink earth stations in the 13 GHz
    bands.

[^50]: *See* 47 C.F.R. §§ 74.24(c).

[^51]: We refer here to the effort of frequency planning and
    engineering, including contacting licensees for detailed technical
    information, to ensure that an individual short-term itinerant
    deployment occurs without causing or receiving harmful interference,
    and distinguish this usage from the coordination procedure specified
    for short-term frequency coordination in Section 74.24.

[^52]: These precautions could include such measures as siting in remote
    areas or taking advantage of terrain obstructions; erecting berms or
    using other shielding techniques; or using minimum antenna elevation
    angles above the horizon.

[^53]: *See NGSO FSS Ku-Band R&O* ¶ 128; *MSS Feeder Link R&O* ¶¶ 54-55.

[^54]: 47 C.F.R. §§ 101.21(f), 101.103(d), 25.203, and 25.251.

[^55]: The ITU Appendix 7 provides methods for determining the
    coordination contour within which earth stations must coordinate
    their proposed operations.

[^56]: We note that when we modified 47 C.F.R §§ 74.638 and 78.36 under
    the *BAS/CARS R&O*, we inadvertently did not clarify in which bands
    applicants for mobile BAS/CARS have the flexibility to use either
    the informal *ad* *hoc* coordination process in Sections 74.638 and
    78.36 or the coordination procedures in Section 101.103(d) when they
    initiate coordination. Therefore, in this proceeding, we will
    further modify these rules to more clearly reflect the decision made
    in the *BAS/CARS R&O* regarding such flexibility. *See* *BAS/CARS
    R&O* at ¶¶ 62 and Appendix A; *see also* Appendix A of this Notice.

[^57]: *See* 47 C.F.R. § 101.105.

[^58]: *See generally* 47 C.F.R. §§ 1.1202, 1.1203, and 1.1206(a).

[^59]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. §§ 601-612, 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).

[^60]: *See* SkyBridge/FWCC *Ex Parte* Comments in ET Docket No. 98-206,
    filed December 8, 1999, at 3. These *ex parte* comments are included
    in the docket file for this proceeding. SkyBridge filed one of the
    petitions for rulemaking (RM-9147) to which ET Docket No. 98-206
    responds and is one of four applicants for NGSO FSS satellite
    systems in the 10 GHz band. The FWCC is a coalition of microwave
    equipment manufacturers, licensees, and their associations, and
    communications service providers and their associations, interested
    in terrestrial fixed microwave communications.

[^61]: 5 U.S.C. § 601(6).

[^62]: *See* *Id.* § 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.\" *Id*.

[^63]: *See* Small Business Act, 15 U.S.C. § 632.

[^64]: 5 U.S.C. § 601(4).

[^65]: U.S. Census Bureau, 1992 Economic Census, Table 6 (special
    tabulation of data under contract to the Office of Advocacy of the
    U.S. Small Business Administration).

[^66]: 5 U.S.C. 601(5).

[^67]: U.S. Census Bureau, Statistical Abstract of the United States:
    2000, Section 9, pages 299-300, Tables 490 and 492.

[^68]: 13 C.F.R. § 121.201, NAICS code 517510 (changed from 513220 in
    October 2002).

[^69]: U.S. Census Bureau, 1997 Economic Census, Subject Series:
    Information, "Establishment and Firm Size (Including Legal Form of
    Organization)", Table 4, NAICS code 513220 (issued October 2000).

[^70]: 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*, 10 FCC Rcd 7393
    (1995), 60 FR 10534 (February 27, 1995).

[^71]: Paul Kagan Associates, Inc., *Cable TV Investor*, February 29,
    1996 (based on figures for December 30, 1995).

[^72]: 47 U.S.C. § 543(m)(2).

[^73]: *See FCC Announces New Subscriber Count for the Definition of
    Small Cable Operator,* Public Notice DA 01-158 (January 24, 2001).

[^74]: 47 C.F.R. § 76.901(f).

[^75]: *See* *FCC Announces New Subscriber Count for the Definition of
    Small Cable Operators*, Public Notice, DA‑01‑0158 (released January
    24, 2001).

[^76]: The Commission does receive such information on a case-by-case
    basis if a cable operator appeals a local franchise authority's
    finding that the operator does not qualify as a small cable operator
    pursuant to § 76.901(f) of the Commission's rules. *See* 47 C.F.R. §
    76.909(b).

[^77]: 13 C.F.R. § 121.201, NAICS code 517410 (changed from 513340 in
    October 2002).

[^78]: U.S. Census Bureau, 1997 Economic Census, Subject Series:
    Information, "Establishment and Firm Size (Including Legal Form of
    Organization)," Table 4, NAICS code 513340 (issued October 2000).

[^79]: *Id*.

[^80]: 13 C.F.R. § 121.201, NAICS code 515120 (changed from 513120 in
    October 2002).

[^81]: *Id*. at NAICS code 515112 (changed from 513112 in October 2002).

[^82]: *Id*. at NAICS code 515120 (changed from 513120 in October 2002).

[^83]: OMB, North American Industry Classification System: United
    States, 1997, at 509 (1997). This category description continues,
    "These establishments operate television broadcasting studios and
    facilities for the programming and transmission of programs to the
    public. These establishments also produce or transmit visual
    programming to affiliated broadcast television stations, which in
    turn broadcast the programs to the public on a predetermined
    schedule. Programming may originate in their own studios, from an
    affiliated network, or from external sources." Separate census
    categories pertain to businesses primarily engaged in producing
    programming. *See id*. at 502-05, NAICS code 512120, Motion Picture
    and Video Production; code 512120, Motion Picture and Video
    Distribution; code 512191, Teleproduction and Other Post-Production
    Services; and code 512199, Other Motion Picture and Video
    Industries.

[^84]: "Concerns are affiliates of each other when one concern controls
    or has the power to control the other or a third party or parties
    controls or has to power to control both." 13 C.F.R. §
    121.103(a)(1).

[^85]: "SBA counts the receipts or employees of the concern whose size
    is at issue and those of all its domestic concern's size." 13 C.F.R.
    § 121.103(a)(4).

[^86]: FCC News Release, "Broadcast Station Totals as of September 30,
    2002" (Nov. 6, 2002).

[^87]: 13 C.F.R. § 121.201, NAICS code 515112 (changed from 513112 in
    October 2002).

[^88]: *Id*.

[^89]: "Concerns are affiliates of each other when one concern controls
    or has the power to control the other, or a third party or parties
    controls or has the power to control both." 3 C.F.R. §
    121.103(a)(1).

[^90]: "SBA counts the receipts or employees of the concern whose size
    is at issue and those of all its domestic and foreign affiliates,
    regardless of whether the affiliates are organized for profit, in
    determining the concern's size." 13 C.F.R. § 121.103(a)(4).

[^91]: 13 C.F.R. § 121.201, NAICS code 513322.

[^92]: U.S. Census Bureau, 1997 Economic Census, Subject Series:
    Information, "Employment Size of Firms Subject to Federal Income
    Tax: 1997," Table 5, NAICS code 513310 (issued Oct. 2000).

[^93]: *Id.* The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is "Firms with 1,000
    employees or more."

[^94]: *See* Notice ¶¶ 11-14, *supra*. *See* list of obligations at
    Notice ¶ 9, *supra*.

[^95]: *See* Notice ¶¶ 22, 34, *supra.*

[^96]: 5 U.S.C. § 603(c)(1) -- (c)(4).

[^97]: *See* Notice ¶¶ 28, *supra.*