[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Proposed Rules]
[Pages 67180-67185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27974]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 25

[IB Docket No. 18-315; FCC 18-160]


Earth Stations in Motion To Include NGSO Satellite Systems

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
proposes to amend its rules to establish a regulatory framework for 
earth stations in motion (ESIMs) communications with non-geostationary-
satellite orbit (NGSO), fixed-satellite service (FSS) satellite systems 
that would be analogous to that which currently exists for ESIMs 
communicating with geostationary-satellite orbit (GSO) FSS systems.

DATES: Comments are due on or before February 11, 2019. Reply comments 
are due on or before March 13, 2019.

ADDRESSES: You may submit comments, identified by IB Docket No. 18-160, 
by any of the following methods:
    <bullet> Federal Communications Commission's Website: http://apps.fcc.gov/ecfs. Follow the instructions for submitting comments.
    <bullet> People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: <a href="/cdn-cgi/l/email-protection#03454040363337436560602d646c75"><span class="__cf_email__" data-cfemail="30767373050004705653531e575f46">[email protected]</span></a> or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Cindy Spiers, 202-418-1593.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM), FCC 18-160, adopted November 15, 2018, 
and released November 16, 2018. The full text of the NPRM is available 
at https://apps.fcc.gov/edocs_public/attachmatch/FCC-18-160A1.pdf. The 
NPRM is also available for inspection and copying during business hours 
in the FCC Reference Information Center, Portals II, 445 12th Street 
SW, Room CY-A257, Washington, DC 20554. To request materials in 
accessible formats for people with disabilities, send an email to 
<a href="/cdn-cgi/l/email-protection#f9bfbabaccc9cdb99f9a9ad79e968f"><span class="__cf_email__" data-cfemail="54121717616460143237377a333b22">[email protected]</span></a> or call the Consumer & Governmental Affairs Bureau at 
202-418-0530 (voice), 202-418-0432 (TTY).

Comment Filing Requirements

    Interested parties may file comments and reply comments on or 
before the dates indicated in the DATES section above. Comments may be 
filed using the Commission's Electronic Comment Filing System (ECFS).
    <bullet> Electronic Filers. Comments may be filed electronically 
using the internet by accessing the ECFS, http://apps.fcc.gov/ecfs.
    <bullet> Paper Filers. Parties who file by paper must include an 
original and four copies of each filing. Filings may be sent by hand or 
messenger delivery, by commercial overnight courier, or by first-class 
or overnight U.S. Postal Service mail. All filings must be addressed to 
the Commission's Secretary, Office of the Secretary, Federal 
Communications Commission.
    <bullet> All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th Street SW, Room TW-A325, Washington, DC 20554. All hand 
deliveries must be held together with rubber bands or fasteners. Any 
envelopes must be disposed of before entering the building.
    <bullet> 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.
    <bullet> U.S. Postal Service first-class, Express, and Priority 
mail must be

[[Page 67181]]

addressed to 445 12th Street SW, Washington DC 20554.
    <bullet> Persons with Disabilities. To request materials in 
accessible formats for persons with disabilities (braille, large print, 
electronic files, audio format), or to request reasonable 
accommodations for filing comments (accessible format documents, sign 
language interpreters, CART, etc.), send an email to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="e88e8b8bddd8dca88e8b8bc68f879e">[email protected]</a> or 
call 202-418-0530 (voice) or 202-418-0432 (TTY).

Ex Parte Presentations

    The Commission will treat this proceeding as a ``permit-but-
disclose'' proceeding in accordance with the Commission's ex parte 
rules. Persons making ex parte presentations must file a copy of any 
written presentation or a memorandum summarizing any oral presentation 
within two business days after the presentation (unless a different 
deadline applicable to the Sunshine period applies). Persons making 
oral ex parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2) summarize all data presented and arguments made during 
the presentation. If the presentation consisted in whole or in part of 
the presentation of data or arguments already reflected in the 
presenter's written comments, memoranda or other filings in the 
proceeding, the presenter may provide citations to such data or 
arguments in his or her prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph numbers where such data 
or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with rule 1.1206(b). In proceedings governed by 
rule 1.49(f) or for which the Commission has made available a method of 
electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.

Paperwork Reduction Act

    This document contains proposed new and modified information 
collection requirements. The Commission, as part of its continuing 
effort to reduce paperwork burdens, invites the general public and the 
Office of Management and Budget to comment on the information 
collection requirements contained in this document, as required by the 
Paperwork Reduction Act of 1995. In addition, pursuant to the Small 
Business Paperwork Relief Act of 2002, the Commission seeks specific 
comment on how the Commission might further reduce the information 
collection burden for small business concerns with fewer than 25 
employees.

Synopsis

    In this Notice of Proposed Rulemaking (NPRM), the Commission seeks 
comment on whether to establish a regulatory framework for ESIMs 
communications with NGSO FSS systems that would be analogous to that 
which currently exists for ESIMs communicating with GSO FSS systems. 
First, the Commission seeks comment on allowing ESIMs to communicate 
with NGSO FSS systems in many of the same conventional Ku-band, 
extended Ku-band, and Ka-band frequencies that were discussed in the 
ESIMS Report and Order and Further Notice, with the exception of the 
frequency bands 18.6-18.8 GHz and 29.25-29.5 GHz. Second, the 
Commission seeks comment on extending blanket earth station licensing, 
which is available to ESIMs communicating with GSO FSS systems, to 
ESIMs communicating with NGSO FSS systems. Finally, the Commission 
seeks comment on revisions to specific provisions in our rules to 
implement these changes.

Proposal Overview

    The Commission believes that now is the appropriate time to seek 
comment on rules governing ESIMs communicating with NGSO FSS systems. 
Currently, there is only one NGSO FSS system--O3b Limited (O3b)--
communicating with earth stations in the United States, and 
communications between O3b and ESVs have already been authorized, 
although on a non-protected non-interference basis given that no rules 
allowing such communications exist. However, given the large number of 
applications for NGSO FSS systems that intend to provide service to 
earth stations at fixed locations as well as to ESIMs, it is important 
that the possibility of having rules for NGSO FSS ESIMs operations be 
considered. A regulatory framework covering such communications would 
provide certainty for both NGSO FSS operators and their customers. In 
addition, comments in response to the ESIMs NPRM expressed concern that 
delaying consideration and adoption of rules governing communications 
between ESIMs and NGSO FSS systems could place U.S. customers at a 
disadvantage when other countries are moving ahead on these matters. 
Commenters in response to the ESIMs NPRM state that antenna 
manufacturers, ESIM operators, and ultimately U.S. consumers would all 
benefit from development of Commission rules that define operating 
parameters for communications between ESIMs and both NGSO and GSO 
satellites. In addition, commenters note the advantages of allowing 
communications between ESIMs and NGSO FSS systems, such as robust and 
uninterrupted coverage of polar regions where international air traffic 
is increasingly concentrated and which are not adequately covered by 
GSO satellites. The Commission agrees with commenters that the time is 
ripe to evaluate whether the Commission should implement rules for 
ESIMs communicating with NGSO FSS systems.
    Frequency Bands for NGSO FSS ESIMs and Associated Rule Changes. The 
Commission seeks comment on, to the extent feasible, allowing ESIMs to 
communicate with NGSO FSS systems in the Ku- and Ka-bands where the 
Commission's rules allow ESIM communications with GSO FSS space 
stations, with the exception of the frequency bands 18.6-18.8 GHz and 
29.25-29.5 GHz.
    The Commission proposes to allow ESIMs to communicate with NGSO FSS 
systems on a primary basis in the following frequency bands: 11.7-12.2 
GHz (space-to-Earth); 14.0-14.5 GHz (Earth-to-space); 18.3-18.6 GHz 
(space-to-Earth); 19.7-20.2 GHz (space-to-Earth); 28.35-28.6 GHz 
(Earth-to-space); and 29.5-30.0 GHz (Earth-to-space). There are no 
allocations to terrestrial services in any of these bands. Accordingly, 
the Commission seeks comment on adding paragraph (c) to footnote NG527A 
to indicate that ESIMs can operate with NGSO FSS space stations in 
these six frequency bands provided that such operations do not cause 
harmful interference to, or claim protection from, GSO FSS networks. 
There is also a secondary allocation to the Space Research service in 
the band 14-14.2 GHz. In order to ensure compatibility between NGSO 
ESIM and Space Research operations, the Commission seeks comment on 
modifying 47 CFR 25.228(j)(1) to extend to NGSO FSS systems conditions 
that

[[Page 67182]]

currently apply to ESIM operation with GSO FSS space stations.
    The Commission also proposes to allow ESIMs to communicate with 
NGSO FSS systems on a primary basis in the 18.8-19.3 GHz (space-to-
Earth), and the 28.6-29.1 GHz (Earth-to-space) frequency bands. In 
these bands, there are no terrestrial allocations and GSO FSS 
operations are secondary with respect to NGSO FSS. Accordingly, the 
Commission seeks comment on adding paragraph (e) to footnote NG527A to 
indicate that ESIMs can operate both with a GSO FSS space station and 
with NGSO FSS systems in these two frequency bands. Also, in these 
bands, GSO FSS operations must not cause harmful interference to, or 
claim protection from, NGSO FSS networks.
    The Commission seeks comment on allowing ESIMs to receive signals 
from NGSO FSS space stations in the 10.7-11.7 GHz (space-to-Earth) 
frequency bands, on an unprotected basis, with respect to transmissions 
from non-Federal fixed service (FS) stations. FSS and FS are co-primary 
in these frequency bands and receive terrestrial stations will be 
protected by imposing on space station transmissions the appropriate 
power-flux density limits. Accordingly, the Commission seeks comment on 
revising paragraph (a) of footnote NG527A to indicate that ESIMs can 
operate on a non-protected basis with regard to non-Federal fixed 
service in this frequency band, both with a GSO FSS space station and 
with NGSO FSS systems. Also, in this band, NGSO FSS operations must not 
cause harmful interference to, or claim protection from, GSO FSS 
networks.
    Similarly, the Commission seeks comment on allowing ESIMs to 
receive signals from NGSO FSS space stations in the 19.3-19.4 GHz 
(space-to-Earth) and 19.6-19.7 GHz (space-to-Earth) frequency bands, on 
an unprotected basis, with respect to transmissions from non-Federal 
fixed service stations. FSS and FS are co-primary in these frequency 
bands and receive terrestrial stations will be protected by imposing on 
space station transmissions the appropriate power-flux density limits. 
Accordingly, the Commission seeks comment on adding paragraph (f) to 
footnote NG527A to indicate that ESIMs can operate with NGSO FSS 
systems in these two frequency bands on a non-protected basis with 
regard to non-Federal fixed service. Also, in these frequency bands, 
NGSO FSS operations must not cause harmful interference to, or claim 
protection from, GSO FSS networks.
    The Commission seeks comment on allowing ESIMs to receive signals 
from NGSO FSS systems on a secondary basis in the 17.8-18.3 GHz (space-
to-Earth) frequency band. This frequency band is allocated to the FS on 
a primary basis and, given the FSS secondary status, ESIM receive earth 
stations will not be entitled to protection. Protection of terrestrial 
operations in this band will be ensured by imposing on space station 
transmissions the appropriate power-flux density limits. Accordingly, 
the Commission seeks comment on adding paragraph (d) to footnote NG527A 
to indicate that ESIMs can operate on a non-protected basis with regard 
to non-Federal fixed service in this frequency band, both with a GSO 
FSS space station and with NGSO FSS systems. Also, in this band, NGSO 
FSS operations must not cause harmful interference to, or claim 
protection from, GSO FSS networks.
    The Commission will not consider allowing ESIMs to communicate with 
NGSO FSS systems in bands where communications with NGSO FSS space 
stations are not permitted under the U.S. Table of Frequency 
Allocations because the Commission believes the reasons for such 
limitations are also valid for ESIMs operating with NGSO FSS systems. 
Specifically, the Commission would not allow NGSO FSS ESIMs to operate 
in the 18.6-18.8 GHz (space-to-Earth) and 29.25-29.5 GHz (Earth-to-
space) frequency bands.
    Blanket Licensing. The Commission seeks comment on permitting 
blanket earth station licensing of ESIMs operating with NGSO FSS 
systems. Such blanket licensing would further maximize efficient 
spectrum use for the increased provision of broadband access and 
additional flexibility for FSS systems in bands where blanket licensing 
is already available for earth stations operating at fixed locations. 
The Commission believes that blanket licensing is appropriate given 
that ESIMs' communications with NGSO FSS systems would be limited to 
frequency bands in which NGSO FSS systems have a primary status, or 
have been found to be able to operate on a secondary or non-conforming 
basis, without causing interference to primary users of those bands. 
The Commission seeks comment on extending blanket licensing to ESIMs 
operating with NGSO FSS space stations.
    Other Rule Revisions. In the paragraphs below, the Commission 
addresses other changes to our rules, in addition to those discussed 
above in connection with the frequency bands being proposed for NGSO 
FSS ESIM operation. The Commission seeks comment on these changes, and 
on any others necessary to implement the ESIM NGSO FSS operation 
described here.
    First, the Commission seeks comment on amending the list of 
frequencies available to ESIMs in Sections 25.202(a)(8) and (a)(10) to 
reflect these changes.
    Second, the Commission seeks comment on changes to Part 25 of the 
Commission's rules governing satellite communications to allow ESIM 
NGSO FSS operation as described above. Specifically, Sections 
25.115(l)-(n) contain requirements in paragraphs (1), (2), and (3)(i) 
that pertain to the two-degree spacing rules for ESIMs communicating 
with GSO FSS space stations, which are not applicable to NGSO systems. 
The requirements in paragraphs (3)(ii)-(iv) of this section, however, 
are also appropriate for ESIMs operating in NGSO FSS systems. The 
Commission seeks comment on adding a new paragraph (o) to Section 
25.115 to codify these requirements for ESIMs that communicate with 
NGSO FSS space stations. The Commission also seeks comment on changing 
the cross-references contained in the information requirements for 
earth station applications set forth in Section 25.115 for earth 
stations communicating with GSO and NGSO FSS space stations.
    Third, Section 25.228 contains requirements in paragraphs (a), (b), 
(c), that codify the two-degree spacing requirements for ESIMs 
communicating with GSO FSS satellite networks, but are not specifically 
worded to apply only to such ESIMs. The Commission seeks comment on 
stating that these paragraphs apply only to ESIMs communicating with 
GSO FSS satellite networks. The requirements in the remaining 
paragraphs of Section 25.228 are equally applicable for ESIMs 
communicating with GSO FSS systems and NGSO FSS systems, and therefore 
the Commission does not consider any changes to them. Paragraph (j) of 
Section 25.228 is explicitly limited to ESIMs transmitting to GSO FSS 
satellites, and the Commission seeks comment on revising the language 
of the rule to apply to Ku-band ESIMs communicating with NGSO FSS space 
stations as well.
    Fourth, consistent with these changes, the Commission would amend 
our definitions of ESV, VMES, and ESAA in Section 25.103, which 
restrict communications to ``geostationary-orbit FSS space stations.'' 
Pursuant to what was described above, communications between ESVs, 
VMESs, and ESAAs would also be permitted in NGSO FSS systems. 
Accordingly, the Commission seeks comment on removing the word

[[Page 67183]]

``geostationary-orbit'' from these definitions.
    Finally, the Commission's Ka-band Plan has a secondary designation 
for NGSO-FSS in the 29.5-30.0 GHz band, as described in the NGSO FSS 
Order. The licensing provisions in Section 25.115(f) adopted in the 
NGSO FSS Order, however, inadvertently omitted the 29.5-30.0 GHz band. 
The Commission proposes to take this opportunity to extend the 
provisions of Section 25.115(f) to the 29.5-30.0 GHz band and seek 
comment on this proposal.
    Other. The Commission recognizes that NGSO ESIM operations add a 
level of complexity in that both earth stations and space stations will 
be moving while communicating, and transitioning communications from 
one satellite to another will often be required. The Commission does 
not believe that these operational characteristics necessitate 
additional requirements on ESIM communications with NGSO FSS space 
stations beyond what the Commission has considered here because such 
operations are already being conducted. For example, O3b successfully 
provides broadband services to ESVs using an NGSO FSS constellation 
that was granted market access by the Commission through a waiver of 
the Table of Frequency Allocations and Ka-band Plan. In addition, 
several of the NGSO FSS constellations recently authorized or granted 
market access to the United States by the Commission intend to use 
earth stations in motion. For instance, OneWeb has recently joined an 
alliance of companies in the aviation sector focused on the provision 
of broadband communications to airplanes. The Commission invites 
comments on this conclusion, but also seek comment on the level of 
complexity that communications with ESIMs would introduce to the 
coordination between multiple NGSO FSS constellations under the 
Commission's rules and the potential for in-line interference as 
compared to that associated with the coordination between NGSO FSS 
constellations if communications were limited to fixed earth stations.
    The Commission does not think there will be significant costs 
associated with these changes and the Commission invites comments that 
will help estimate costs and benefits of the rule changes. In addition, 
the Commission seeks comment on whether there are any other issues 
regarding the framework discussed for NGSO ESIMs operations that the 
Commission should consider. The Commission also seeks comment on any 
possible effects ESIMs communicating with NGSO FSS space stations may 
have on existing or future services in these bands or adjacent 
frequency bands. For example, the Commission notes that the Commission 
has an open proceeding exploring additional uses of ``mid-band 
spectrum,'' including bands considered for ESIM communication with NGSO 
FSS systems.
    As required by the Regulatory Flexibility Act (RFA),\1\ the 
Commission has prepared this Initial Regulatory Flexibility Analysis 
(IRFA) of the possible significant economic impact on a substantial 
number of small entities by the policies and rules proposed in this 
Notice. The Commission requests written public comments on this IRFA. 
Commenters must identify their comments as responses to the IRFA and 
must file the comments by the deadlines for comments on the Notice 
provided above in Section V.B. The Commission will send a copy of the 
Notice, including this IRFA, to the Chief Counsel for Advocacy of the 
Small Business Administration.\2\ In addition, the Notice and IRFA (or 
summaries thereof) will be published in the Federal Register.\3\
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has 
been amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 
(1996).
    \2\ See 5 U.S.C. 603(a).
    \3\ Id.
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Initial Regulatory Flexibility Analysis

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

    The Notice of Proposed Rulemaking proposes to allow ESIMs to 
communicate with NGSO FSS space stations in the Ku- and Ka-bands.

B. Legal Basis

    The proposed action is authorized under Sections 4(i), 7(a), 10, 
303, 308(b), and 316 of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), 157(a), 160, 303, 308(b), 316.

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

    The RFA directs agencies to provide a description of, and, where 
feasible, an estimate of, the number of small entities that may be 
affected by the proposed rules, if adopted.\4\ The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' \5\ In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act.\6\ 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).\7\
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    \4\ 5 U.S.C. 603(b)(3).
    \5\ 5 U.S.C. 601(6).
    \6\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the 
RFA, the statutory definition of a small business applies ``unless 
an agency, after consultation with the Office of Advocacy of the 
Small Business Administration and after opportunity for public 
comment, establishes one or more definitions of such term which are 
appropriate to the activities of the agency and publishes such 
definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
    \7\ Small Business Act, 15 U.S.C. 632 (1996).
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    Satellite Telecommunications. This category comprises firms 
``primarily engaged in providing telecommunications services to other 
establishments in the telecommunications and broadcasting industries by 
forwarding and receiving communications signals via a system of 
satellites or reselling satellite telecommunications.'' \8\ The 
category has a small business size standard of $32.5 million or less in 
average annual receipts, under SBA rules.\9\ For this category, Census 
Bureau data for 2012 show that there were a total of 333 firms that 
operated for the entire year.\10\ Of this total, 299 firms had annual 
receipts of less than $25 million.\11\ Consequently, the Commission 
estimates that the majority of satellite telecommunications providers 
are small entities.
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    \8\ U.S. Census Bureau, 2012 NAICS Definitions, ``517410 
Satellite Telecommunications''; http://www.census.gov/naics/2007/def/ND517410.HTM.
    \9\ 13 CFR 121.201, NAICS code 517410.
    \10\ U.S. Census Bureau, 2012 Economic Census of the United 
States, Table EC1251SSSZ4, Information: Subject Series--Estab and 
Firm Size: Receipts Size of Firms for the United States: 2012, NAICS 
code 517410 http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2012_US_51SSSZ4&prodType=table.
    \11\ Id.
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D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    The NPRM proposes to allow ESIMs to communicate with NGSO FSS space 
stations in the Ku- and Ka-bands. This would reduce paperwork costs for 
such satellite operators who would no longer need to file separate 
application materials for these systems. Operators will also no longer 
need to request waivers for operations that would be covered under 
specific regulations.

[[Page 67184]]

E. 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 rules 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.'' \12\
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    \12\ 5 U.S.C. 603(c)(1)-(c)(4).
---------------------------------------------------------------------------

    The NPRM proposes to allow ESIMs to communicate with NGSO FSS space 
stations in the Ku- and Ka-bands. This would reduce the economic and 
other impacts for these service providers by reducing the regulatory 
burden. Specifically, providers would no longer have to file 
applications that are outside of the standard rule provisions. However, 
the Commission invites comment on this change and any alternatives.

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

    None.

List of Subjects

47 CFR Part 2

    Radio, Table of Frequency Allocations.

47 CFR Part 25

    Administrative practice and procedure, Earth stations, Satellites.

Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer, Office of the Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 2 and 25 as 
follows:

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
1. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.


Sec.  2.106  [Amended].

0
2. Amend Sec.  2.106, the Table of Frequency Allocations, as follows:
0
a. Revise footnote NG527A in the list of Non-Federal Government (NG) 
Footnotes.
0
b. Revise paragraph (a) and paragraphs (c) through (f). The revisions 
and additions read as follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *

Non-Federal Government (NG) Footnotes

* * * * *
    NG527A Earth Stations in Motion (ESIMs), as regulated under 47 CFR 
part 25, are an application of the fixed-satellite service (FSS) and 
the following provisions shall apply:
    (a) In the 10.7-11.7 GHz band, ESIMs may be authorized for the 
reception of FSS emissions from both geostationary and non-
geostationary satellites, subject to the conditions that these earth 
stations may not claim protection from transmissions of nonFederal 
stations in the fixed service and that non-geostationary-satellite 
systems not cause unacceptable interference to, or claim protection 
from, geostationary-satellite networks.
* * * * *
    (c) In the bands 11.7-12.2 GHz (space-to-Earth), 14.0-14.5 GHz 
(Earth-to-space), 18.3-18.6 GHz (space-to-Earth), 19.7-20.2 GHz (space-
to-Earth), 28.35-28.6 GHz (Earth-to-space), and 29.5-30.0 GHz (Earth-
to-space), ESIMs may be authorized to communicate with non-
geostationary satellites, subject to the condition that 
nongeostationary-satellite systems may not cause unacceptable 
interference to, or claim protection from, geostationary-satellite 
networks.
    (d) In the band 17.8-18.3 GHz (space-to-Earth), ESIMs may be 
authorized for the reception of FSS emissions from geostationary 
satellites on a secondary basis. In this band, ESIMs may also be 
authorized for the reception of FSS emissions from non-geostationary-
satellites on a secondary basis, subject to the condition that non-
geostationary-satellite systems not cause unacceptable interference to, 
or claim protection from, geostationary-satellite networks.
    (e) In the bands 18.8-19.3 GHz and 28.6-29.1 GHz, ESIMs may be 
authorized to communicate with both geostationary and non-geostationary 
satellites, subject to the condition that geostationary-satellite 
networks may not cause unacceptable interference to, or claim 
protection from, non-geostationary satellite systems in the fixed-
satellite service.
    (f) In the 19.3-19.4 GHz, and 19.6-19.7 GHz bands, ESIMs may be 
authorized for the reception of FSS emissions from non-geostationary 
satellites, subject to the conditions that these earth stations may not 
claim protection from transmissions of nonFederal stations in the fixed 
service and not cause unacceptable interference to, or claim protection 
from, geostationary-satellite networks.
* * * * *

PART 25--SATELLITE COMMUNICATIONS

0
3. The authority citation for part 25 continues to read as follows:

    Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319, 
332, 605, and 721, unless otherwise noted.

0
4. Amend Sec.  25.103 by revising the definitions of ``Earth Station on 
Vessel,'' ``Earth Stations Aboard Aircraft,'' and ``Vehicle-Mounted 
Earth Station'' to read as follows:


Sec.  25.103   Definitions.

* * * * *
    Earth Station on Vessel (ESV). An earth station onboard a craft 
designed for traveling on water, receiving from and transmitting to 
Fixed-Satellite Service space stations.
    Earth Stations Aboard Aircraft (ESAA). An earth station operating 
aboard an aircraft that receives from and transmits to Fixed-Satellite 
Service space stations.
* * * * *
    Vehicle-Mounted Earth Station (VMES). An earth station, operating 
from a motorized vehicle that travels primarily on land, that receives 
from and transmits to Fixed-Satellite Service space stations and 
operates within the United States.


Sec.  25.115  [Amended]

0
5. Amend Sec.  25.115, as proposed to be amended on June 16, 2017 at 82 
FR 27652, by revising paragraph (f) and adding paragraph (o) to read as 
follows:
* * * * *
    (f) NGSO FSS earth stations in 10.7-30.0 GHz. (1) An application 
for an NGSO FSS earth station license in the 10.7-30.0 GHz band must 
include the certification described in Sec.  25.146(a)(2).
    (2) Individual or blanket license applications may be filed for 
operation in the 10.7-12.7 GHz, 14-14.5 GHz, 17.8-18.6 GHz, 18.8-19.4 
GHz, 19.6-20.2 GHz, 28.35-29.1 GHz, or 29.5-30.0 GHz bands; however, 
blanket licensing in the 10.7-11.7 GHz, 17.8-18.3 GHz, 19.3-19.4 GHz, 
and 19.6-19.7 GHz bands is on an unprotected basis with

[[Page 67185]]

respect to current and future systems operating in the fixed service.
    (3) Individual license applications only may be filed for operation 
in the 12.75-13.15 GHz, 13.2125-13.25 GHz, 13.75-14 GHz, or 27.5-28.35 
GHz bands.
* * * * *
    (o) The requirements in this paragraph apply to applications for 
ESIMs operation with NGSO satellites in the Fixed-Satellite Service, in 
addition to the requirements in paragraphs (a)(1), (a)(5), (e)(2), and 
(i) of this section:
    (1) An exhibit describing the geographic area(s) in which the ESIMs 
will operate.
    (2) The point of contact information referred to in Sec.  
25.228(e)(2), (f), or (g)(1) as appropriate.
    (3) Applicants for ESIMs that will exceed the guidelines in Sec.  
1.1310 of this chapter for radio frequency radiation exposure must 
provide, with their environmental assessment, a plan for mitigation of 
radiation exposure to the extent required to meet those guidelines.
0
6. Amend Sec.  25.202 by removing and reserving paragraph (a)(8), 
revising paragraph (a)(10)(ii), and removing and reserving paragraph 
(a)(11) to read as follows:


Sec.  25.202   Frequencies, frequency tolerance, and emission limits.

    (a) * * *
    (10) * * *
    (ii) The following frequencies are available for use by Earth 
Stations in Motion (ESIMs) communicating with NGSO FSS space stations, 
subject to the provisions in Sec.  2.106 of this chapter:
    10.7-11.7 GHz (space-to-Earth)
    11.7-12.2 GHz (space-to-Earth)
    14.0-14.5 GHz (Earth-to-space)
    17.8-18.3 GHz (space-to-Earth)
    18.3-18.6 GHz (space-to-Earth)
    18.8-19.3 GHz (space-to-Earth)
    19.3-19.4 GHz (space-to-Earth)
    19.6-19.7 GHz (space-to-Earth)
    19.7-20.2 GHz (space-to-Earth)
    28.35-28.6 GHz (Earth-to-space)
    28.6-29.1 GHz (Earth-to-space)
    29.5-30.0 GHz (Earth-to-space)
* * * * *
0
7. Amend Sec.  25.228, as proposed to be added on June 16, 2017 at 82 
FR 27652, by revising the introductory text of paragraph (j) to read as 
follows:


Sec.  25.228   Operating and coordination requirements for earth 
stations in motion (ESIMs).

* * * * *
    (j) The following requirements govern all ESIMs transmitting to GSO 
or non-GSO satellites in the Fixed-Satellite Service in the 14.0-14.5 
GHz band.
* * * * *
[FR Doc. 2018-27974 Filed 12-27-18; 8:45 am]
BILLING CODE 6712-01-P


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