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 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 


 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  Commissions  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. 
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 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  Commissions  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  Commissions  Rules.  11  Significantly,  the  Commissions  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  communitys  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. 


 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  Commissions  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. 
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 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  Commissions  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. 


 16  Skybridge/  FWCC  Growth  Zone  Proposal,  supra  note  2,  at  5-  6. 
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 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 


 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  Commissions  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). 
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 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 
 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. 
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 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  licensees  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  Commissions  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  Commissions  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 


 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  Commissions  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  TVPUs  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. 
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 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  Commissions  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 
 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). 
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 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 


 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. 
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 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 


 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. 
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 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. 
 27.  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  Commissions  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. 


 28.  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. 
 29.  The  Commissions  rules  allow  for  short-  term  itinerant  TVPU  operation  under  Sections  74.24 


 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. 
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 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. 


 30.  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. 
 31.  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-  -  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 


 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. 
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 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 


 32.  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. 


 33.  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. 


 34.  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 
 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. 
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 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. 
 35.  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 
 36.  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]. 
 37.  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. 


 38.  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 


 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). 
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 39.  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). 
 40.  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  Electronic  Filing  of  Documents  in  Rulemaking  Proceedings,  63  Fed.  Reg.  24121  (1998). 


 41.  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. 
 42.  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. 


 43.  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  commenters  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  partys  pleading,  preferably  in  a  single  electronic  file.  In 
 addition,  commenters  must  send  diskette  copies  to  the  Commissions  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. 


 44.  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 
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 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. 
 45.  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 
 46.  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 
 47.  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. 
 48.  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 
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 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. 


 *  *  *  *  * 
 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. 
 *  *  *  *  * 
 (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  stations  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 
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 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. 
 (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 
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 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. 
 *  *  *  *  * 
 (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. 
 (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, 
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 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. 
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 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."  3  In  addition,  the  term 
 "small  business"  has  the  same  meaning  as  the  term  "small  business  concern"  under  the  Small  Business  Act.  4  A  small  business  concern  is  one  which:  (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").  5  A  small  organization  is  generally  any  not-  for-  profit  enterprise  which 
 is  independently  owned  and  operated  and  is  not  dominant  in  its  field.  6  Nationwide,  as  of  1992,  there  were  approximately  275,801  small  organizations.  7  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.  8  As  of  1997,  there  were  about  87,453  governmental  jurisdictions 
 in  the  United  States.  9  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.  10  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.  11  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 


 3  5  U.  S.  C.    601(  6). 
 4  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. 
 5  See  Small  Business  Act,  15  U.  S.  C.    632. 
 6  5  U.  S.  C.    601(  4). 
 7  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).  8 
 5  U.  S.  C.  601(  5).  9 
 U.  S.  Census  Bureau,  Statistical  Abstract  of  the  United  States:  2000,  Section  9,  pages  299-  300,  Tables  490  and  492.  10 
 13  C.  F.  R.    121.  201,  NAICS  code  517510  (changed  from  513220  in  October  2002).  11 
 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). 
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 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  Commissions  rules,  a  small  cable  company  is  one 
 serving  fewer  than  400,  000  subscribers  nationwide.  12  Estimates  indicate  that  there  were  1,439  cable  operators  who  qualified  as  small  cable  system  operators  at  the  end  of  1995.  13  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.  14  The  Commission  has 
 determined  that  there  are  67,700,000  subscribers  in  the  United  States.  15  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.  16  Based  on  available  data,  the  Commission  estimates  that  the  number  of  cable  operators  serving  677,000  subscribers 
 or  fewer,  totals  1,450.  17  The  Commission  neither  requests  nor  collects  information  on  whether  cable  system  operators  are  affiliated  with  entities  whose  gross  annual  revenues  exceed  $250  million,  18  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.  19  According  to  Census  Bureau  data  for  1997,  in  this  category  there  was  a  total  of  324  firms  that 
 operated  for  the  entire  year.  20  Of  this  total,  273  firms  had  annual  receipts  of  under  $10  million,  and  an 
 12  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).  13 
 Paul  Kagan  Associates,  Inc.,  Cable  TV  Investor,  February  29,  1996  (based  on  figures  for  December  30,  1995).  14 
 47  U.  S.  C.    543(  m)(  2).  15 
 See  FCC  Announces  New  Subscriber  Count  for  the  Definition  of  Small  Cable  Operator,  Public  Notice  DA  01-  158  (January  24,  2001). 


 16  47  C.  F.  R.    76.901(  f). 
 17  See  FCC  Announces  New  Subscriber  Count  for  the  Definition  of  Small  Cable  Operators,  Public  Notice, 
 DA-  01-  0158  (released  January  24,  2001).  18 
 The  Commission  does  receive  such  information  on  a  case-  by-  case  basis  if  a  cable  operator  appeals  a  local  franchise  authoritys  finding  that  the  operator  does  not  qualify  as  a  small  cable  operator  pursuant  to    76.  901(  f)  of 


 the  Commissions  rules.  See  47  C.  F.  R.    76.  909(  b).  19 
 13  C.  F.  R.    121.  201,  NAICS  code  517410  (changed  from  513340  in  October  2002).  20 
 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). 
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 additional  twenty-  four  firms  had  receipts  of  $10  million  to  $24,999,999.  21  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;  22  2)  For  Aural  BAS,  we 
 will  use  the  size  standard  for  Radio  Stations,  infra;  23  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.  24  Business  concerns  included  in 
 this  industry  are  those  primarily  engaged  in  broadcasting  images  together  with  sound.  25  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  26  must  be  included.  27  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).  28  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.  29  Business  concerns  included  in  this  industry  are 


 those  primarily  engaged  in  broadcasting  aural  programs  by  radio  to  the  public.  30  According  to 
 21  Id. 
 22  13  C.  F.  R.    121.  201,  NAICS  code  515120  (changed  from  513120  in  October  2002). 
 23  Id.  at  NAICS  code  515112  (changed  from  513112  in  October  2002). 
 24  Id.  at  NAICS  code  515120  (changed  from  513120  in  October  2002). 
 25  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. 
 26  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).  27 
 SBA  counts  the  receipts  or  employees  of  the  concern  whose  size  is  at  issue  and  those  of  all  its  domestic  concerns  size.  13  C.  F.  R.    121.103(  a)(  4). 


 28  FCC  News  Release,  Broadcast  Station  Totals  as  of  September  30,  2002  (Nov.  6,  2002). 
 29  13  C.  F.  R.    121.  201,  NAICS  code  515112  (changed  from  513112  in  October  2002). 
 30  Id. 
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 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  31  are  included.  32  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.  33  According  to  Census  Bureau  data  for  1997,  there  were  977  firms  in  this  category,  total,  that  operated  for 
 the  entire  year.  34  Of  this  total,  965  firms  had  employment  of  999  or  fewer  employees,  and  an  additional  12  had  employment  of  1,000  employees  or  more.  35  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.  36  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.  37 


 31  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).  32 
 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  concerns  size. 


 13  C.  F.  R.    121.103(  a)(  4).  33 
 13  C.  F.  R.    121.  201,  NAICS  code  513322.  34 
 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). 


 35  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.  36 
 See  Notice    11-  14,  supra.  See  list  of  obligations  at  Notice    9,  supra.  37 
 See  Notice    22,  34,  supra. 
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 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.  38 
 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.  39  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. 


 38  5  U.  S.  C.    603(  c)(  1)    (c)(  4). 
 39  See  Notice    28,  supra. 
27