67180 Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Proposed Rules 

§ 2.59 [Amended] 

■ 31. In § 2.59 paragraph (f), removing 

the word ‘‘limit’’ adding in its place 

‘‘frames’’. 

§ 2.62 [Amended] 

■ 32. In § 2.62 paragraphs (a) and (b), 

removing the word ‘‘limit’’ adding in its 

place ‘‘frame’’. 

Subpart I—General Information 

§ 2.66 [Amended] 

■ 33. Revise § 2.66 with the following: 

§ 2.66 What are FOIA Requester Centers 

and the FOIA Public Liaison? 

(a) Employees at FOIA Requester 

Centers typically serve as your first 

point of contact for questions about how 

the FOIA works. Even before you make 

a request, employees at FOIA Requester 

Centers can assist you by: Identifying 

information that is already posted and 

available; informing you about the types 

of records maintained by the bureau; 

providing suggestions for formulating 

requests; describing the Department’s 

various processing tracks and the 

average processing times for the various 

tracks; and answering questions about 

expedited processing standards and the 

FOIA’s fee provisions. After you make a 

request, questions about its status can 

also be answered by employees at the 

applicable FOIA Requester Center. 

(b) If you need further information or 

assistance after contacting the 

applicable FOIA Requester Center, the 

FOIA Public Liaison reports to the 

Department’s Chief FOIA Officer and is 

responsible for assisting in reducing 

delays, increasing transparency and 

understanding of the status of requests, 

and resolving disputes between you and 

the agency (including notifying you of 

your right to seek dispute resolution 

services from OGIS). 

(c) If you need further information or 

assistance after contacting the 

applicable FOIA Requester Center and 

the FOIA Public Liaison, you may wish 

to seek dispute resolution services from 

OGIS. 

(d) Contact information for the FOIA 

Requester Centers and the FOIA Public 

Liaison is available at https://

www.doi.gov/foia/foiacenters. 

§ 2.70 [Amended] 

■ 34. In § 2.70: 

■ a. In the definition of ‘‘Educational 

institution’’, add the following sentence 

after the words ‘‘further scholarly 

research.’’ ‘‘Teachers (if they 

demonstrate how the requested records 

will further their teaching, scholarly 

research, or production of scholarly 

works) and students (if they 

demonstrate how the requested records 

will further their coursework or other 

school-sponsored activities) may also 

qualify as an educational institution for 

the purposes of this definition.’’ 

■ b. In the definition of ‘‘Multitrack 

processing’’: after ‘‘first-in/first-out 

basis’’ add the words ‘‘, but other 

factors, such as litigation, may affect the 

sequence and/or timing of processing’’. 

■ c. In the definition of ‘‘Record’’ 

remove ‘‘means an agency record’’ and 

add in its place ‘‘is any item, collection, 

or grouping of information that already 

is recorded, is reasonably encompassed 

by your request, and’’. 

■ d. In the definition of ‘‘Representative 

of the news media’’, add the following 

new sentence two after the phrase 

‘‘work to an audience.’’: ‘‘Distributing 

copies of released records, electronically 

or otherwise, does not qualify as using 

editorial skills to turn the raw materials 

into a distinct work.’’ 

Dated: December 14, 2018. 

Daniel Jorjani, 

Principal Deputy Solicitor, Exercising the 

Authority of the Solicitor. 

[FR Doc. 2018–27561 Filed 12–27–18; 8:45 am] 

BILLING CODE 4310–10–P 

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. 

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: 

• Federal Communications 

Commission’s Website: http://

apps.fcc.gov/ecfs. Follow the 

instructions for submitting comments. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by email: FCC504@fcc.gov 

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 FCC504@fcc.gov 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). 

• Electronic Filers. Comments may be 

filed electronically using the internet by 

accessing the ECFS, http://apps.fcc.gov/ 

ecfs. 

• 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. 

• All hand-delivered or messengerdelivered 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. 

• 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, 

Express, and Priority mail must be 


amozie on DSK3GDR082PROD with PROPOSALS1
Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Proposed Rules 67181 

addressed to 445 12th Street SW, 

Washington DC 20554. 

• 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 fcc504@

fcc.gov 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 (spaceto-Earth); 19.7–20.2 GHz (space-toEarth); 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 


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67182 Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Proposed Rules 

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 nonFederal 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 nonprotected basis with regard to nonFederal 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 powerflux 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 nonFederal 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 twodegree 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 crossreferences 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 


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Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Proposed Rules 67183 

1See 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). 

2See 5 U.S.C. 603(a). 

3 Id. 

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). 

7Small Business Act, 15 U.S.C. 632 (1996). 

8U.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. 

10U.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. 

‘‘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 Kaband 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

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

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. 

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. 


amozie on DSK3GDR082PROD with PROPOSALS1
67184 Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Proposed Rules 

12 5 U.S.C. 603(c)(1)–(c)(4). 

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

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 

■ 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. 

§ 2.106 [Amended]. 

■ 2. Amend § 2.106, the Table of 

Frequency Allocations, as follows: 

■ a. Revise footnote NG527A in the list 

of Non-Federal Government (NG) 

Footnotes. 

■ b. Revise paragraph (a) and 

paragraphs (c) through (f). The revisions 

and additions read as follows: 

§ 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 fixedsatellite 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 nongeostationary-satellite systems not cause 

unacceptable interference to, or claim 

protection from, geostationary-satellite 

networks. 

* * * * * 

(c) In the bands 11.7–12.2 GHz (spaceto-Earth), 14.0–14.5 GHz (Earth-tospace), 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 nongeostationarysatellite systems may not cause 

unacceptable interference to, or claim 

protection from, geostationary-satellite 

networks. 

(d) In the band 17.8–18.3 GHz (spaceto-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-geostationarysatellites on a secondary basis, subject 

to the condition that non-geostationarysatellite 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, nongeostationary 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 

■ 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. 

■ 4. Amend § 25.103 by revising the 

definitions of ‘‘Earth Station on Vessel,’’ 

‘‘Earth Stations Aboard Aircraft,’’ and 

‘‘Vehicle-Mounted Earth Station’’ to 

read as follows: 

§ 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. 

§ 25.115 [Amended] 

■ 5. Amend § 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 § 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 


amozie on DSK3GDR082PROD with PROPOSALS1
Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Proposed Rules 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 § 25.228(e)(2), (f), or (g)(1) 

as appropriate. 

(3) Applicants for ESIMs that will 

exceed the guidelines in § 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. 

■ 6. Amend § 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: 

§ 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 § 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) 

* * * * * 

■ 7. Amend § 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: 

§ 25.228 Operating and coordination 

requirements for earth stations in motion 

(ESIMs). 

* * * * * 

(j) The following requirements govern 

all ESIMs transmitting to GSO or nonGSO 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 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R4–ES–2018–0074; 

4500030113] 

RIN 1018–BD43 

Endangered and Threatened Wildlife 

and Plants; Section 4(d) Rule for 

Trispot Darter 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), propose a 

rule under section 4(d) of the 

Endangered Species Act of 1973 (Act), 

as amended, for the trispot darter 

(Etheostoma trisella), a fish from 

Alabama, Georgia, and Tennessee. This 

rule would provide measures necessary 

and advisable to conserve the species, 

which we list as a threatened species 

under the Act in a separate rulemaking 

published in today’s Federal Register. 

DATES: We will accept comments 

received or postmarked on or before 

February 26, 2019. Comments submitted 

electronically using the Federal 

eRulemaking Portal (see ADDRESSES, 

below) must be received by 11:59 p.m. 

Eastern Time on the closing date. We 

must receive requests for public 

hearings, in writing, at the address 

shown in FOR FURTHER INFORMATION

CONTACT by February 11, 2019. 

ADDRESSES: You may submit comments 

by one of the following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: 

http://www.regulations.gov. In the 

Search box, enter FWS–R4–ES–2018– 

0074, which is the docket number for 

this rulemaking. Then, click on the 

Search button. On the resulting page, in 

the Search panel on the left side of the 

screen, under the Document Type 

heading, click on the Proposed Rule box 

to locate this document. You may 

submit a comment by clicking on 

‘‘Comment Now!’’ 

(2) By hard copy: Submit by U.S. mail 

or hand-delivery to: Public Comments 

Processing, Attn: FWS–R4–ES–2018– 

0074, U.S. Fish and Wildlife Service, 

MS: BPHC, 5275 Leesburg Pike, Falls 

Church, VA 22041–3803. 

We request that you send comments 

only by the methods described above. 

We will post all comments on http://

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see 

INFORMATION REQUESTED, below, for more 

information). 

FOR FURTHER INFORMATION CONTACT: Bill 

Pearson, Field Supervisor, U.S. Fish and 

Wildlife Service, Alabama Ecological 

Services Field Office, 1208 Main Street, 

Daphne, AL 36526; telephone 251–441– 

5181; facsimile 251–441–6222. Persons 

who use a telecommunications device 

for the deaf (TDD) may call the Federal 

Relay Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Previous Federal Actions 

On October 4, 2017, we published a 

proposed rule in the Federal Register 

(82 FR 46183) to list the trispot darter 

as a threatened species under the Act 

(16 U.S.C. 1531 et seq.). Please refer to 

that proposed rule for a detailed 

description of previous Federal actions 

concerning this species, as well as 

information on the trispot darter’s 

taxonomy, habitat, life history, 

historical and current distribution, 

population estimates, and status, and a 

summary of factors affecting the species. 

In addition, a thorough review of the 

taxonomy, life history, and ecology of 

the trispot darter is presented in the 

species status assessment (SSA) report, 

available on http://www.regulations.gov 

under Docket No. FWS–R4–ES–2018– 

0074. 

Elsewhere in today’s Federal Register, 

we publish (1) a final rule to list the 

trispot darter as a threatened species 

under the Act (‘‘final listing rule’’), and 

(2) a proposed rule to designate critical 

habitat for the trispot darter under the 

Act. 

Background 

The trispot darter is a freshwater fish 

found in the Coosa River System, above 

the fall line in the Ridge and Valley 

ecoregion of Alabama, Georgia, and 

Tennessee. This fish has a historical 

range from the middle to upper Coosa 

River Basin with recorded collections in 

tributaries to the Oostanaula, the 

mainstem Coosa, the Conasauga, and the 

Coosawattee Rivers, and their 

tributaries. Currently, the trispot darter 

is known to occur in Little Canoe Creek 

and tributaries (Coosa River), Ballplay 

Creek tributaries (Coosa River), 

Conasauga River and tributaries, and 

Coosawattee River and one tributary. 

The trispot darter is a small-bodied, 

fish ranging in size from 1.3 to 1.6 

inches (in) (3.3 to 4.1 centimeters (cm)) 


amozie on DSK3GDR082PROD with PROPOSALS1