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 Federal  Communications  Commission  FCC  01-  164 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554  In  the  matter  of 
 )  Rulemaking  to  Amend  Parts  1,  2,  21,  and  25  )  CC  Docket  No.  92-  297 
 of  the  Commissions  Rules  to  Redesignate  the  )  27.5-  29.5  GHz  Frequency  Band,  to  Reallocate  ) 
 the  29.5-  30.0  GHz  Frequency  Band,  to  Establish  )  Rules  and  Policies  for  Local  Multipoint  ) 
 Distribution  Service  and  for  Fixed  Satellite  )  Services  ) 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  May  16,  2001  Released:  May  25,  2001 
 By  the  Commission 


 Introduction 
 1.  This  order  disposes  of  petitions  for  clarification  or  reconsideration  of  the  First  Report  and 
 Order  in  this  proceeding,  in  which  the  Commission  adopted  a  band-  segmentation  plan  for  the  Ka  Band.  1  In 
 response  to  requests  from  petitioners  and  other  parties,  we  are  amending  Section  25.258  of  the 
 Commissions  rules  to  eliminate  one  requirement  and  clarify  provisions  concerning  inter-  system 
 coordination  in  the  29.25-  29.5  GHz  band. 


 Background 
 2.  In  the  First  Report  and  Order  the  Commission  designated  two  adjacent  frequency  bands, 
 29.  1-  29.  25  GHz  and  29.  25-  29.  5  GHz,  for  feeder  uplinks  for  Mobile  Satellite  Service  systems  using  non-geostationary- 
 orbit  satellites  (i.  e.,  NGSO/  MSS  systems).  The  Commission  also  designated  these  bands 
 for  use  by  other  services.  Specifically,  the  29.1-  29.25  GHz  band  was  designated  for  hub-  to-  subscriber 
 transmission  by  Local  Multipoint  Distribution  Service  (  LMDS)  systems  2  and  the  29.25-  29.5  GHz  band 
 for  uplinks  for  Fixed  Satellite  Service  systems  using  geostationary  satellites  (i.  e.,  GSO/  FSS  systems). 
 The  Commission  adopted  different  rules  for  licensing  and  coordination  of  NGSO/  MSS  feeder  uplinks  in 
 these  two  bands,  tailored  in  light  of  the  different  sharing  environments.  Provisions  pertaining  specifically 


 1  First  Report  and  Order  and  Fourth  Notice  of  Proposed  Rulemaking,  11  FCC  Rcd  19,005  (1996). 
 Consistently  with  usage  in  previous  orders  in  this  proceeding,  we  use  the  term  Ka  Band  to  denote  the  spectrum  at 
 17.7-  20.2  GHz,  which  is  allocated  for  satellite-  to-  earth  (i.  e.,  downlink)  transmission  and  that  at  27.5-  30.0  GHz, 
 which  is  allocated  for  earth-  to-  satellite  (i.  e.,  uplink)  transmission. 


 2  LMDS  is  a  high-  capacity,  broadband  terrestrial  wireless  service  with  cellular  architecture,  linking 
 subscribers  fixed  terminals  via  hub  transceivers  in  each  cell.  LMDS  systems  could  be  used  for  facilities-  based 
 competition  with  local  exchange  telephone  carriers  and  cable-  television  providers  or  for  a  variety  of  interactive 
 services,  including  broadband  video  on  demand. 
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 to  authorization  and  inter-  system  coordination  in  the  29.  25-  29.  5  GHz  band  are  set  forth  in  Section  25.  258 
 of  the  Commissions  rules,  which  states  as  follows: 


 (a)  Operators  of  NGSO  MSS  feeder  link  earth  stations  and  GSO  FSS  earth  stations  in 
 the  band  29.25  to  29.5  GHz  where  both  services  have  a  co-  primary  allocation  shall 
 cooperate  fully  in  order  to  coordinate  their  systems.  During  the  coordination  process  both 
 service  operators  shall  exchange  the  necessary  technical  parameters  required  for 
 coordination. 


 (b)  Licensed  GSO  FSS  systems  shall,  to  the  maximum  extent  possible,  operate  with 
 frequency/  polarization  selections,  in  the  vicinity  of  operational  or  planned  NGSO  MSS 
 feeder  link  earth  station  complexes,  that  will  minimize  instances  of  unacceptable 
 interference  to  the  GSO  FSS  space  stations. 


 (c)  NGSO  MSS  satellites  operating  in  this  frequency  band  shall  compensate  for  nodal 
 regression  due  to  the  oblate  shape  of  the  Earth,  and  thus  maintain  constant  successive  sub-satellite 
 ground  tracks  on  the  surface  of  the  Earth. 


 (d)  NGSO  MSS  systems  applying  to  use  the  29.25  -  29.5  GHz  band,  for  feeder  link  earth 
 station  uplink,  will  have  to  demonstrate  that  their  system  can  share  with  the  authorized 
 U.  S.  GSO/  FSS  systems  operating  in  this  band.  3 


 Discussion 
 Deletion  of  Repeating-  Groundtracks  Requirement 
 3.  In  a  Petition  for  Partial  Reconsideration  of  the  First  Report  and  Order,  Motorola 
 Satellite  Communications,  Inc.  asks  for  deletion  of  Subsection  25.  258(  c),  the  provision  that  limits 
 eligibility  for  NGSO/  MSS  feeder  uplink  assignments  in  the  29.  25-  29.  5  GHz  band  to  systems  with 
 constant  successive  sub-  satellite  ground  tracks    i.  e.,  NGSO/  MSS  systems  whose  satellites  retrace  the 
 same  path  over  the  earths  surface.  At  the  time  of  filing,  Motorola,  which  held  the  space-  station  license  for 
 the  Iridium  Big  LEO  system,  was  one  of  two  NGSO/  MSS  licensees  that  had  applied  for  Ka-  Band  feeder-uplink 
 assignments.  4 


 4.  Motorola  argues  that  the  repeating-  ground-  track  requirement  should  be  eliminated  because 
 it  severely  constrains  NGSO/  MSS  system  design,  is  unnecessary  for  coordination  with  GSO/  FSS  systems, 
 and  was  adopted  without  prior  notice  required  by  law.  According  to  Motorolas  calculations,  NGSO 
 satellites  must  be  placed  at  one  of  certain  specific  orbit  altitudes  in  order  to  meet  the  requirement,  and  all 


 3  47  C.  F.  R.    25.258.  Further  provisions  relevant  to  coordination  between  GSO  and  NGSO  uplinks  in  the 
 29.25-  29.5  GHz  band  are  set  forth  in  47  C.  F.  R.    25.203(  h)  and  (k). 
 4  The  Iridium  earth-  station  licenses  were  granted  to  corporations  affiliated  with  Motorola  Satellite 
 Communications,  Inc.  For  the  sake  of  simplicity,  in  this  order  we  refer  indiscriminately  to  Motorola  Satellite 
 Communications,  Inc.  and/  or  its  parent  and  sister  corporations  as  Motorola. 
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 but  seven  of  those  altitudes  are  useless  for  communications  satellites  because  they  lie  within  the  Van  Allen 
 radiation  belt.  Motorola  points  out  that  the  Report  of  the  Conference  Preparatory  Meeting  for  the  1995 
 World  Radiocommunication  Conference  (  CPM-  95)  concluded  that  if  the  number  of  satellites  involved  is 
 large  it  would  be  difficult  to  derive  any  coordination  advantage  from  placing  NGSO  satellites  in  repeating-ground- 
 track  orbits  and  that  use  of  such  a  design  would  multiply  the  frequency  of  interference  events 
 involving  earth  stations  positioned  in  non-  protected  areas.  5  Motorola  contends  that  interference  mitigation 
 predicated  on  repeating  ground  tracks  is  not  a  feasible  means  of  coordinating  more  than  one  NGSO/  MSS 
 system  for  operation  in  the  29.  25-  29.  5  GHz  band  and  hence  that  the  requirement  makes  that  spectrum 
 unusable  for  more  than  one  NGSO/  MSS  system. 


 5.  Motorola  also  seeks  clarification  regarding  a  statement  in  the  First  Report  and  Order  that 
 Motorola  will  be  limited  to  operating  [Iridium]  feeder  [up]  links  within    [the  29.  1-  29.  25  GHz]  band, 
 since  Motorola  indicates  [Iridium]  will  be  unable  to  share  with  GSO/  FSS  systems  in  the  adjoining  [29.  25-29.5 
 GHz]  band.  6  Motorola  fears  that  this  statement  might  be  construed  to  mean  that  Iridium  will  never 
 be  allowed  to  operate  in  the  29.  25-  29.  5  GHz  band  under  any  circumstances.  While  conceding  that  it  may 
 not  be  possible  to  coordinate  use  of  the  29.25-  29.5  GHz  band  for  Iridium  feeder  links  with  currently-proposed 
 GSO/  FSS  uplinks  from  earth  stations  in  the  United  States,  Motorola  asserts  that  such 
 coordination  is  possible  with  respect  to  uplink  operation  in  other  countries.  Motorola  surmises,  moreover, 
 that  techniques  might  be  developed  in  the  future  that  would  enable  Iridium  to  share  the  29.25-  29.5  GHz 
 uplink  band  with  GSO/  FSS  systems  for  domestic  operation,  as  well.  Therefore,  Motorola  asks  the 
 Commission  to  resolve  any  doubt  in  this  regard  by  declaring  that  the  Iridium  licensee  could  obtain  authority 
 for  feeder-  link  operation  in  29.  25-  29.  5  GHz  if  it  were  to  demonstrate  that  such  operation  could  be 
 conducted  compatibly  with  GSO/  FSS  operation  in  that  band. 


 6.  AT&  T  Corporation,  Lockheed  Martin  Corporation,  GE  American  Communications,  Inc. 
 (  GE),  and  Hughes  Communications  Galaxy,  Inc.  (  Hughes),  all  of  which  had  previously  filed  license 
 applications  for  GSO/  FSS  systems,  filed  comments  in  opposition  to  Motorolas  petition.  Hughes  argues 
 that  the  repeating-  ground-  track  requirement  should  be  retained  because  adjusting  orbital  parameters  so  that 
 NGSO/  MSS  satellites  trace  constant  ground  tracks  is  an  important  technique  for  facilitating  coordination 
 with  GSO/  FSS  systems.  Hughes  and  Lockheed  Martin  assert  that  the  Commission  predicated  its  adoption 
 of  the  pertinent  rules  on  a  compromise  proposal  endorsed  by  all  the  interested  parties,  including  Motorola, 
 and  that  one  of  the  main  principles  they  agreed  upon  was  that  the  29.25-  29.5  GHz  uplink  band  should  be 
 reserved  for  GSO/  FSS  systems  to  share  only  with  NGSO/  FSS  systems  that  can  be  coordinated  with  co-frequency 
 GSO/  FSS  operation.  Hughes,  Lockheed  Martin,  and  AT&  T  contend  that  it  has  been  amply 
 shown  by  documents  of  record,  including  a  study  submitted  by  Motorola,  that  Iridium  feeder  uplinks 
 cannot  be  coordinated  with  co-  frequency  GSO/  FSS  uplinks. 


 7.  We  conclude  that  the  repeating-  ground-  track  requirement  should  be  eliminated.  While 
 operation  with  repeating  ground  tracks  could  facilitate  coordination  under  some  circumstances,  none  of  the 
 parties  has  established  that  an  NGSO/  MSS  system  must  operate  with  repeating  ground  tracks  for 
 coordination  with  GSO/  FSS  systems  to  be  feasible.  On  the  contrary,  Lockheed  Martin  indicates  that  the 
 crucial  factors  are  the  designed  orbital  altitude  of  the  NGSO/  MSS  satellites  and  the  number  and  location  of 


 5  ITU-  R/  CPM-  95,  Conference  Preparatory  Meeting,  Report  to  WRC-  95  3.  1.  7. 


 6  First  Report  and  Order  at  63. 
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 an  NGSO/  MSS  systems  planned  feeder-  link  earth  stations.  7  Furthermore,  TRW  asserts  that  it 
 successfully  coordinated  its  proposed  NGSO/  MSS  system  with  the  GSO/  FSS  applicants  regarding  sharing 
 in  the  29.  25-  29.  5  GHz  band  without  relying  on  repeating  ground  tracks.  8  As  we  have  no  grounds  for 
 finding  that  operation  with  repeating  ground  tracks  is  indispensable  for  coordinated  sharing  of  the  29.  25-29. 
 5  GHz  uplink  band,  we  will  not  require  NGSO/  MSS  applicants  to  propose  operation  with  repeating 
 ground  tracks  in  order  to  be  eligible  for  an  uplink  assignment  in  that  band.  However,  any  applicant  for  an 
 NGSO/  MSS  uplink  assignment  in  the  29.  25-  29.  5  GHz  band  will  have  to  comply  with  the  provisions 
 pertaining  to  coordination  in  Subsections  25.203(  h)  and  25.203(  k).  9  Such  an  applicant  must  also 
 demonstrate  that  coordination  with  authorized  GSO/  FSS  operation  in  that  band  is  feasible,  as  required  by 
 the  final  paragraph  of  Section  25.258. 


 8.  To  address  Motorolas  request  for  clarification  concerning  the  possibility  of  future  Iridium 
 operation  in  the  29.  25-  29.  5  GHz  band:  if  the  Iridium  licensee  were  to  apply  for  authority  to  operate  in  that 
 band  we  would  assess  associated  coordination  showings  submitted  pursuant  to  the  pertinent  requirements 
 of  Sections  25.203  and  25.258  on  their  merits. 


 Other  Requests  for  Amendment  of  Section  25.  258 
 9.  Geographic  separation.  Lockheed  Martin  proposes  that  Subsection  25.258(  b)  be  amended 
 by  inserting  the  text  indicated  here  by  underlining: 


 7  Consolidated  Comments  of  Lockheed  Martin  Corporation  at  p.  10  (filed  Oct.  21,  1996.) 
 8  TRW  included  these  comments  on  point  in  a  pleading  filed  in  response  to  Motorolas  petition  for 
 reconsideration: 
 [T]  he  prospect  for  successful  sharing  between  NGSO/  MSS  feeder  link  networks  of  the  design  of 
 Odyssey  and  GSO/  FSS  networks  in  the  band  29.25-  29.5  GHz  is  not  dependent  on  TRWs 
 maintenance  of  constant  successive  ground  tracks  for  Odyssey.  The  frequency  with  which 
 Odyssey  satellites  will  cross  through  the  geostationary  [satellite  orbital]  arc  is  unaffected  by  the 
 use  of  this  feature.  Coherent  orbits  simply  have  the  effect  of  regularizing  the  intersections;  they 
 have  no  impact  whatsoever  on  the  ability  of  GSO/  FSS  operators  to  employ  modest  coordination 
 measures  (already  agreed  to  and  incorporated  into  the  Commissions  First  Report  and  Order  and 
 associated  new  rules)  to  permit  full  operation  of  both  types  of  system  even  in  cases  where  there 
 are  orbit  intersections  at  occupied  GSO/  FSS  positions. 
 Our  staffs  evaluation  of  evidence  of  record  pertaining  to  the  coordination  principles  that  TRW  and  the  GSO/  FSS 
 applicants  agreed  upon  bears  out  TRWs  assertion  that  the  coordination  did  not  depend  on  maintenance  of 
 repeating  ground  tracks. 


 9  Subsection  25.203(  h)  requires  any  applicant  for  an  earth-  station  license  authorizing  operation  in  a 
 frequency  band  allocated  on  a  co-  primary  basis  for  NGSO  and  GSO  uplinks  to  select  a  site,  or  sites,  where 
 mainlobe-  to-  mainlobe  coupling  will  not  occur  with  respect  to  satellites  of  other  systems  and  to  pre-  coordinate  the 
 proposed  site  and  spectrum  use  with  existing  earth-  station  licensees  and  applicants.  Subsection  25.203(  k)  requires 
 an  applicant  for  an  earth-  station  license  in  a  band  designated  for  sharing  by  GSO  and  NGSO  systems  to  show  that 
 the  proposed  operation  will  not  cause  unacceptable  interference  to  any  satellite  system  licensed  for  operation  in  the 
 same  band  or  else  certify  that  the  proposed  operation  would  comport  with  established  coordination  agreements  with 
 the  licensees  of  the  affected  satellite  systems. 
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 (b)  Licensed  GSO  FSS  systems  shall,  to  the  maximum  extent  possible,  operate  with 
 frequency/  polarization  selections,  in  the  vicinity  of  operational  or  planned  NGSO  MSS 
 feeder  link  earth  station  complexes,  or  alternatively  GSO  FSS  and  NGSO  MSS  systems 
 shall  operate  with  geometric  separation  to  provide  uplink  beam  isolation,  that  will 
 minimize  instances  of  unacceptable  interference  . 


 Lockheed  Martin  contends  that  the  rule  should  be  amended  in  this  way  because  geographic  separation  of 
 earth  stations  might  be  a  more  feasible  means  of  uplink  coordination  for  some  GSO/  FSS  systems  than 
 frequency  and/  or  polarity  selection.  In  particular,  Lockheed  Martin  asserts  that  the  uplink  transmission  of 
 its  proposed  Astrolink  GSO/  FSS  system  could  be  coordinated  with  some  types  of  NGSO/  MSS  feeder-  link 
 operation  by  this  means  alone.  Lockheed  Martin  would  prefer  to  coordinate  by  geographic  separation, 
 rather  than  by  frequency  or  polarity  selection,  because  that  would  allow  Astrolink  gateway  stations  to  make 
 use  of  the  entire  29.25-  29.5  GHz  band  in  both  polarities. 


 10.  TRW  and  Hughes  filed  comments  on  this  amendment  proposal.  TRW  agrees  that 
 coordination  through  geographic  separation  should  be  a  permissible  alternative  but  objects  to  the  wording 
 of  Lockheed  Martins  proposed  amendment  because  it  implies  that  an  affected  NGSO/  MSS  licensee  would 
 bear  equal  responsibility  for  achieving  geographic  separation  with  respect  to  the  earth  stations  of  a 
 GSO/  FSS  licensee  preferring  this  coordination  technique.  TRW  maintains  that  the  burden  of  coordinating 
 through  geographic  separation  should  be  borne  primarily  by  GSO/  FSS  licensees.  The  reason  for  allocating 
 the  responsibility  in  that  way,  according  to  TRW,  is  that  siting  options  for  Ka-  Band  NGSO/  MSS  feeder-link 
 earth  stations  are  already  severely  constrained  by  rule  provisions  adopted  to  enable  NGSO/  MSS 
 systems  to  share  29.1-  29.25  GHz  uplink  spectrum  with  each  other  and  with  LMDS  systems.  10  Hughes 
 opposes  the  amendment  request.  Hughes  argues  that  there  is  no  need  to  amend  Section  25.258  to  indicate 
 that  GSO/  FSS  and  NGSO/  MSS  operation  in  the  29.  25-  29.  5  GHz  band  may  be  coordinated  through 
 geographical  separation,  because  the  rule  already  permits  that.  Hughes  also  argues  that  the  proposed 
 amendment  should  be  rejected  because  it  would  codify  a  coordination  method  that  would  not  work  for 
 GSO/  FSS  systems  linking  with  numerous  widely-  distributed  earth  stations. 


 11.  We  deny  this  request  because  the  proposed  amendment  is,  as  Hughes  contends, 
 unnecessary.  As  presently  written,  Subsection  25.258(  b)  merely  requires  GSO/  FSS  earth  stations  in  the 
 vicinity  of  NGSO/  MSS  feeder  link  earth  stations  to  be  coordinated  through  frequency  or  polarity  selection. 
 GSO/  FSS  licensees  need  not  coordinate  the  uplink  frequencies  or  polarity  of  earth  stations  that  are 
 sufficiently  separated  by  distance  from  NGSO/  MSS  feederlink  stations  that  they  can  operate  in  the  same 
 channels  with  the  same  polarity  without  interfering  with  NGSO/  MSS  uplink  reception.  Thus,  Subsection 
 25.258(  b)  does  not  preclude  reliance  on  geographical  separation  for  avoidance  of  interference. 


 12.  Licensed.  Lockheed  Martin  contends  that  the  word  Licensed  should  be  stricken  from 
 Subsection  25.258(  b)  because  its  use  in  that  context  might  foster  an  impression  that  NGSO/  MSS  licensees 
 need  not  coordinate  sharing  in  the  29.  25-  29.  5  GHz  band  with  regard  to  GSO/  FSS  systems  proposed  in 
 pending  applications.  We  do  not  agree  that  there  is  any  need  for  such  an  amendment.  Lockheed  Martins 
 concern  is  misplaced,  as  Subsection  (b)  merely  prescribes  a  requirement  for  GSO/  FSS  licensees.  In  any 
 event,  merely  deleting  Licensed  from  Subsection  (b)  would  not  change  the  meaning  of  that  provision. 


 10  See  47  C.  F.  R.  25.257. 
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 13.  Unopposed  amendment  requests.  Hughes,  TRW,  and  Lockheed  Martin  propose  several 
 minor  changes  to  current  Subsections  (b)  and  (d)  of  Section  25.258  for  purposes  of  clarification.  In 
 particular,  they  propose  that  (b)  be  amended  to  make  it  clear  that  interference  is  to  be  minimized  with 
 respect  to  both  GSO  FSS  and  NGSO  MSS  systems  and  that  current  Subsection  (d)  be  amended  to  make  it 
 clear  that  the  showing  regarding  sharing  must  be  made  with  respect  to  previously-  licensed  systems  that  are 
 not  yet  operational.  These  requests  are  unopposed.  We  agree  that  the  proposed  changes  would  usefully 
 clarify  those  provisions  and  are  amending  the  rule  accordingly. 


 Limits  on  LMDS  Operation 
 14.  Texas  Instruments  (  TI)  seeks  clarification  regarding  limitations  on  use  of  the  29.  1-  29.  25 
 GHz  frequency  bands  for  LMDS.  The  Commission  prohibited  use  of  this  band  for  LMDS  subscriber-  to-hub 
 links,  but  indicated  that  the  limitation  might  be  reconsidered  in  the  future  based  on  evidence  that 
 sharing  is  feasible.  TI  seeks  clarification  regarding  the  process  that  would  be  used  to  reach  a  determination 
 in  this  regard  and  the  FCCs  role  in  that  process.  We  see  no  reason  to  prescribe  a  specific  process  for 
 making  such  a  determination  at  this  time.  Any  such  determination  would  be  made  based  on  current 
 technical  information,  market  conditions,  and  other  factors  that  may  be  relevant  to  the  public  interest.  TIs 
 other  request,  concerning  clarification  of  requirements  that  might  be  applicable  to  fixed  service  leasing  of 
 LMDS  spectrum,  is  being  addressed  separately.  11 


 Final  Regulatory  Flexibility  Certification 
 15.  The  Regulatory  Flexibility  Act  of  1980,  as  amended  (  RFA)  12  requires  that  a  regulatory 
 flexibility  analysis  be  prepared  for  rulemaking  proceedings,  unless  the  agency  certifies  that  the  rule  will 
 not  have  a  significant  economic  impact  on  a  substantial  number  of  small  entities.  13  The  RFA  generally 
 defines  small  entity  as  having  the  same  meaning  as  the  terms  small  business,  small  organization,  and 
 small  governmental  jurisdiction.  14  In  addition,  the  term  small  business  has  the  same  meaning  as  the 
 term  small  business  concern  under  the  Small  Business  Act.  15  A  small  business  concern  is  one  which:  (1) 


 11  See  Promoting  Efficient  Use  of  Spectrum  Through  Elimination  of  Barriers  to  the  Development  of 
 Secondary  Markets,  Notice  of  Proposed  Rulemaking,  WT  Docket  No.  00-  230  (rel.  Nov.  27,  2000),  2000  W.  L. 
 1736657. 


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


 13  5  U.  S.  C.    605(  b). 


 14  5  U.  S.  C.    605(  6). 
 15  5  U.  S.  C.    601(  3)  (incorporating  by  reference  the  definition  of  small  business  concern  in  the  Small 
 Business  Act,  15  U.  S.  C.    632).  Pursuant  to  5  U.  S.  C.    601(  3),  the  statutory  definition  of  a  small  business  applies 
 unless  an  agency,  after  consulting  with  the  Office  of  Advocacy  of  the  Small  Business  Administration  and  after 
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 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).  16 


 16.  First,  in  this  Memorandum  Opinion  and  Order  we  eliminate  a  rule  provision  that  barred  use 
 of  the  29.  25-  29.  5  GHz  frequency  band  for  transmission  from  earth  stations  to  non-  geostationary-  orbit  (i.  e., 
 NGSO)  satellites  that  do  not  trace  constant  paths  over  the  ground  in  successive  orbits.  Any  applicant  for 
 a  license  for  NGSO  uplink  transmission  in  that  band  is  required  by  other  provisions  in  the  Commissions 
 rules  to  demonstrate  that  the  proposed  operation  (1)  would  not  interfere  with  authorized  operation  in  that 
 band  by  previously-  licensed  systems  or  (2)  would  be  conducted  in  accordance  with  coordination 
 agreements  with  the  licensees  of  such  systems.  With  these  protective  measures  in  place,  we  believe  that  the 
 elimination  of  the  restriction  on  use  of  the  29.  25-  29.  5  GHz  frequency  band  will  not  have  a  significant 
 economic  impact  on  any  small  entities.  Second,  this  Memorandum  Opinion  and  Order  adopts  minor 
 revisions  to  other  rule  provisions  to  make  it  clear  that:  (1)  the  frequencies  and  polarity  of  transmission  to 
 GSO  satellites  in  the  29.  25-  29.  5  GHz  band  from  fixed  earth  stations  in  the  vicinity  of  NGSO  feeder-  link 
 stations  must  be  chosen  to  minimize  interference  with  reception  of  uplink  transmission  to  NGSO,  as  well  as 
 GSO,  satellites  and  (2)  applicants  for  authority  to  use  the  29.  25-  29.  5  GHz  band  for  feeder  uplinks  must 
 show  that  sharing  is  possible  with  other  systems  that  have  been  previously-  authorized  to  use  that  band,  not 
 just  systems  that  are  currently  operational.  These  changes  merely  clarify  the  Commissions  pertinent 
 intentions,  rather  than  altering  its  policies  and  therefore  impose  no  additional  burden  on  any  small  entities. 
 We  therefore  certify  that  the  adoption  of  this  Memorandum  Opinion  and  Order  will  not  have  a  significant 
 economic  impact  on  a  substantial  number  of  small  entities.  The  Commission  will  send  a  copy  of  the 
 Memorandum  Opinion  and  Order,  including  a  copy  of  this  final  certification,  in  a  report  to  Congress 
 pursuant  to  the  Small  Business  Regulatory  Enforcement  Fairness  Act  of  1996.  17  In  addition,  the 
 Memorandum  Opinion  and  Order  and  this  final  certification  will  be  sent  to  the  Chief  Counsel  for  Advocacy 
 of  the  SBA  and  will  be  published  in  the  Federal  Register. 


 Ordering  Clauses 
 17.  Accordingly,  IT  IS  ORDERED  that  the  Petition  for  Partial  Reconsideration  filed  by 
 Motorola  Satellite  Communications,  Inc.  on  September  27,  1996  IS  GRANTED. 


 18.  IT  IS  FURTHER  ORDERED  that  the  Petition  of  TRW  Inc.  for  Clarification  and/  or 
 Partial  Reconsideration  of  the  First  Report  and  Order  filed  on  September  24,  1996  IS  GRANTED  to  the 
 extent  indicated  herein  and  IS  OTHERWISE  DENIED  and  that  the  Petition  for  Reconsideration  of  Texas 
 Instruments,  Inc.  filed  on  August  28,  1996  IS  DENIED  to  the  extent  indicated  herein. 


 19.  IT  IS  FURTHER  ORDERED  that  Section  25.258  of  the  Commissions  rules  IS 
 AMENDED  as  indicated  in  the  appendix  to  this  order,  effective  30  days  after  publication  in  the  Federal 


 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. 


 16  Small  Business  Act,  15  U.  S.  C.    632. 


 17  5  U.  S.  C.    801(  a)(  1)(  A). 
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 Register.  This  action  is  taken  pursuant  to  47  U.  S.  C.    154(  i)  and  303(  r). 
 20.  IT  IS  FURTHER  ORDERED  that  the  Commissions  Consumer  Information  Bureau, 
 Reference  Information  Center,  SHALL  SEND  a  copy  of  this  Memorandum  Opinion  and  Order,  including 
 the  Regulatory  Flexibility  Certification,  to  the  Chief  Counsel  for  Advocacy  of  the  Small  Business 
 Administration. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Magalie  Roman  Salas 
 Secretary 
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 APPENDIX 
 For  the  reasons  discussed  above,  the  Federal  Communications  Commission  amends  47  C.  F.  R.  Part  25  as 
 follows: 


 Part  25    Satellite  Communications 
 1.  The  authority  citation  for  part  25  continues  to  read  as  follows: 
 Authority:  47  U.  S.  C.  701-  744.  Interprets  or  applies  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  25.258  is  revised  to  read  as  follows: 
 25.258  Sharing  between  NGSO  MSS  Feeder  link  Stations  and  GSO  FSS  services  in  the  29.25-  29.5 
 GHz  Bands 


 (a)  Operators  of  NGSO  MSS  feeder  link  earth  stations  and  GSO  FSS  earth  stations  in  the  band  29.  25  to 
 29.  5  GHz  where  both  services  have  a  co-  primary  allocation  shall  cooperate  fully  in  order  to  coordinate 
 their  systems.  During  the  coordination  process  both  service  operators  shall  exchange  the  necessary 
 technical  parameters  required  for  coordination. 


 (b)  Licensed  GSO  FSS  systems  shall,  to  the  maximum  extent  possible,  operate  with  frequency/  polarization 
 selections,  in  the  vicinity  of  operational  or  planned  NGSO  MSS  feeder  link  earth  station  complexes,  that 
 will  minimize  instances  of  unacceptable  interference  with  GSO  FSS  or  NGSO  MSS  uplink  reception. 


 (c)  Applicants  for  authority  to  use  the  29.  25  -  29.  5  GHz  band  for  NGSO  MSS  feeder  uplinks  will  have  to 
 demonstrate  that  their  systems  can  share  with  GSO  FSS  and  NGSO  MSS  systems  that  have  been 
 authorized  for  operation  in  that  band. 
9