[Federal Register Volume 69, Number 25 (Friday, February 6, 2004)]
[Rules and Regulations]
[Pages 5707-5711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2530]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, and 25

[IB Docket No. 99-67; RM No. 9165; FCC 03-283]


Equipment Authorization for Portable Earth-Station Transceivers 
and Out-of-Band Emission Limits for Mobile Earth Stations

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission has amended its rules to establish a prior 
authorization requirement for importation, sale, lease, offering for 
sale or lease, or shipment or distribution for sale or lease of 
portable earth-station transceivers. The Commission has also revised 
rule provisions pertaining to responsibility for operation of earth-
station transceivers and limits on out-of-band emissions from mobile 
earth-station transceivers.

DATES: Effective March 8, 2004, except for Sec.  25.129 and the changes 
in Sec. Sec.  1.1307, 2.1033, 2.1204, and 25.132, which contain 
information collection requirements that have not been approved by the 
Office of Management and Budget. The FCC will publish a document in the 
Federal Register announcing the effective date for those rule changes. 
Written comments by the public on the information collection 
requirements must be submitted on or before April 6, 2004. Written 
comments must be submitted by the Office of Management and Budget (OMB) 
on the proposed and/or modified information collection requirements on 
or before April 6, 2004.
    Compliance Date: When it becomes effective, Sec.  25.129 will 
require prior authorization to be obtained pursuant to application 
procedures specified in existing rule provisions in 47 CFR Part 2 for 
devices imported, sold, leased, or offered, shipped, or distributed for 
sale or lease after November 19, 2004.

ADDRESSES: Comments on the information collection requirements should 
be addressed to the Office of the Secretary, Federal Communications 
Commission, 445 Twelfth Street, SW., Washington, DC 20554. In addition 
to filing comments with the Secretary, a copy should be submitted to 
Judith B. Herman, Federal Communications Commission, Room 1-C804, 445 
Twelfth Street, SW., Washington, DC 20554, or via Internet to <a href="/cdn-cgi/l/email-protection#b4fec1d0ddc0dc99f69afcd1c6d9d5daf4d2d7d79ad3dbc2"><span class="__cf_email__" data-cfemail="aee4dbcac7dac683ec80e6cbdcc3cfc0eec8cdcd80c9c1d8">[email protected]</span></a>, and to Kristy L. LaLonde, OMB Desk Officer, 10234 
NEOB, 725 17th Street, NW., Washington, DC 20503 or via the Internet to 
<a href="/cdn-cgi/l/email-protection#78330a110b0c012734562734193417161c1d3817151a561d1708561f170e"><span class="__cf_email__" data-cfemail="dd96afb4aea9a48291f38291bc91b2b3b9b89db2b0bff3b8b2adf3bab2ab">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: William Bell, Satellite Division, 
International Bureau, at (202) 418-0741. For additional information 
concerning the information collection requirements, contact Judith B. 
Herman at 202-418-0214, or via the Internet at <a href="/cdn-cgi/l/email-protection#e7ad92838e938fcaa5c9af82958a8689a7818484c9808891"><span class="__cf_email__" data-cfemail="93d9e6f7fae7fbbed1bddbf6e1fef2fdd3f5f0f0bdf4fce5">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Second Report and 
Order in IB Docket No. 99-67, adopted on November 6, 2003, and released 
on November 18, 2003. The full text of the Second Report and Order is 
available for public inspection and copying during regular business 
hours at the FCC Reference Information Center, Portals II, 445 12th 
Street, SW., Room CY-A257, Washington, DC 20554. The document may also 
be purchased from the Commission's duplicating contractor, Qualex 
International, Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554, telephone 202-863-2893, facsimile 202-863-2898, 
or via e-mail <a href="/cdn-cgi/l/email-protection#f28387939e978a9b9c86b2939d9edc919d9f"><span class="__cf_email__" data-cfemail="38494d59545d4051564c78595754165b5755">[email protected]</span></a>.
    In the Second Report and Order the Commission adopted a rule that 
will require interested parties to obtain equipment authorization for 
portable earth-station transceivers pursuant to the previously-
established certification procedure specified in part 2 of the 
Commission's rules. The certification procedure requires submission of 
an application and exhibits to the Commission, including test data 
showing that a representative sample unit meets the Commission's 
applicable technical requirements. Devices subject to this requirement 
may not be imported, sold or leased, offered for sale or lease, or 
shipped or distributed for sale or lease in the United States after 
November 19, 2004 unless a pertinent certification application has been 
granted and the devices are permanently marked with an FCC 
identification number. The prohibition against importation is modified, 
however, by an exception that permits travelers to carry up to three 
portable earth-station transceivers that have not been authorized by 
FCC certification into the United States as personal effects for 
purposes other than sale or lease. The purposes of the new 
certification requirement for portable GMPCS transceivers are to 
prevent interference, reduce radio-frequency radiation exposure risk, 
and make regulatory treatment of portable GMPCS transceivers consistent 
with treatment of similar terrestrial wireless devices, such as 
cellular phones. The Second Report and Order also revises several rule 
provisions to place appropriate legal responsibility for unauthorized 
transceiver operation on parties that control access to satellite 
networks and to eliminate redundant information-filing requirements.
    In addition to adopting rules pertaining to equipment authorization 
and importation of portable earth-station transceivers, the Second 
Report and Order amended a rule section that prescribes limits on 
emissions from Mobile Satellite Service transceivers in the 1559-1610 
MHz band. In light of comments filed in response to a Further Notice of 
Proposed Rulemaking released in 2002, the Commission prescribed several 
additional limits on such out-of-band emissions, specified measurement 
techniques, and set compliance deadlines for Inmarsat maritime 
transceivers. These rule changes improve interference protection for 
aeronautical radio-navigation.
    The Second Report and Order imposes new information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. It has been submitted to the Office of Management 
and Budget (OMB) for review under section 3507(d) of the PRA. OMB, the 
general public, and other Federal agencies are invited to comment on 
the new information collection requirements.

Paperwork Reduction Act

    The Second Report and Order imposes new information collection 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general

[[Page 5708]]

public to comment on the information collection requirements as 
required by the Paperwork Reduction Act of 1995, Public Law 104-13. 
Public and agency comments on the information collection requirements 
are due April 6, 2004.

Final Regulatory Flexibility Analysis

    The Regulatory Flexibility Act of 1980, as amended (RFA), requires 
that a regulatory flexibility analysis be prepared for notice-and-
comment rule making proceedings, unless the agency certifies that ``the 
rule will not, if promulgated, have a significant economic impact on a 
substantial number of small entities.'' The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. 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).
    As proposed in a Notice of Proposed Rulemaking (NPRM) issued in 
1999, the Second Report and Order in IB Docket No. 99-67 amends the 
Commission's rules to require authorization to be obtained in advance 
for importation, domestic sale or lease, or offering, shipment, or 
distribution for domestic sale or lease of portable, land-based earth-
station transceivers. The authorization procedure, which is specified 
in previously adopted provisions in part 2 of the Commission's rules, 
requires submission of test data proving compliance with the 
Commission's pertinent technical requirements. The Notice of Proposed 
Rulemaking included an Initial Regulatory Flexibility Analysis (IRFA) 
pertaining to the proposed equipment-authorization requirement and 
invited comment on alternative authorization procedures that might 
minimize economic impact on small entities. The comments filed in 
response to the NPRM did not discuss the IRFA.
    To obtain authorization required under the new rules for 
importation, distribution, or sale of portable, land-based earth-
station transceivers, test data must be submitted to prove that the 
devices meet pertinent technical requirements in the Commission's 
rules. Because such testing would be necessary in any event to ensure 
that the devices can be lawfully operated in compliance with existing 
rule requirements, the Commission does not believe that the requirement 
to submit test data will have a significant adverse economic impact on 
anyone. The Commission postponed the effective date of the 
authorization requirement for one year, moreover, to afford adequate 
time in advance for obtaining such authorization and for disposing of 
uncertificated devices in current inventories. The Commission therefore 
certified that the equipment authorization requirement established by 
this order will not have significant economic impact on a substantial 
number of small entities.
    The Second Report and Order also amends a rule section adopted in 
2002, 47 CFR 25.216, that specifies out-of-band emission limits for 
mobile earth-station transceivers licensed to transmit in frequencies 
between 1610 MHz and 1660.5 MHz or in the 2 GHz MSS band. Specifically, 
the Second Report and Order amends Sec.  25.216 by prescribing a limit 
for carrier-off emissions, prescribing limits on narrowband emissions 
in the 1605-1610 MHz band, prescribing a stricter limit on wideband 
emissions in that band for transceivers with assigned frequencies 
between 1626.5 MHz and 1660.5 MHz, re-specifying the time interval for 
emission measurements, requiring use of RMS detectors for compliance 
testing, and specifying compliance deadlines for Inmarsat Standard-A 
and Standard-B terminals.
    These changes were proposed in a Further Notice of Proposed 
Rulemaking released with the order that initially adopted Sec.  25.216 
or in public comments filed in response to that Notice. As required by 
the RFA, the Further NPRM included an IRFA pertaining to these further 
rulemaking proposals. The Commission sought written public comment on 
the proposals and on the IRFA. This Final Regulatory Flexibility 
Analysis (FRFA) conforms to the RFA.

Rulemaking Objectives

    The general purposes of the amendments to Sec.  25.216 are to 
modify its provisions to better serve the objective of preventing 
interference with aircraft reception of satellite radio-navigation 
signals and establish equitable compliance deadlines for Standard A and 
Standard B Inmarsat earth-station transceivers.

Summary of Issues Raised by Public Comments in Response to the IRFA

    No comments were filed specifically in response to the IRFA in the 
Further NPRM.

Description and Estimate of the Number of Small Entities to Which the 
New Rules Will Apply

    The RFA directs agencies to describe, and, where feasible, estimate 
the number of, small entities that may be affected by the rules they 
adopt. The RFA generally defines the term ``small entity'' as having 
the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small governmental jurisdiction.'' In addition, 
the term ``small business'' has the same meaning as the term ``small 
business concern'' under the Small Business Act. 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). For satellite telecommunication carriers and resellers, the SBA 
has established a small business size standard that excludes companies 
with annual receipts above $12.5 million.
    The amended emission limits in Sec.  25.216 directly affect parties 
with licenses for operation of mobile earth stations subject to those 
limits, including owners of maritime vessels equipped with Standard A 
or Standard B Inmarsat transceivers. The Commission noted in the IRFA 
that ten companies held relevant blanket licenses and that four of them 
had annual revenue in excess of $12.5 million but could not determine 
from available information whether any of the others were small 
entities. The Commission anticipates that blanket licenses will be 
issued within the next three years for 2 GHz MSS earth stations subject 
to Sec.  25.216, but the Commission does not know how many of the 
recipients will be small entities. The SBA classifies commercial 
providers of water transportation (other than for sightseeing) as small 
entities if they have 500 or fewer employees. Of 1,627 providers of 
non-sightseeing water transportation counted in the 1997 U.S. Census 
that operated throughout the year, only 157 had more than 100 
employees. The SBA classifies providers of sightseeing transportation 
by water as small entities if their annual receipts are $6 million or 
less. Of 1,692 providers of sightseeing transportation by water counted 
in the 1997 census, only 32 had annual receipts in excess of $6 
million. Hence the Commission assumes that most owners of vessels 
equipped with Standard A or Standard B Inmarsat transceivers are small 
entities.

[[Page 5709]]

Reporting, Recordkeeping, and Other Compliance Requirements for Small 
Entities

    The amended provisions of section 25.216 do not impose reporting or 
recordkeeping requirements. Parties with licenses for operation of 
mobile earth stations subject to section 25.216 will be obliged to 
ensure that the devices perform in compliance with the amended emission 
limits adopted in this order, however. Some licensees may find it 
necessary to alter, replace, or decommission equipment currently in 
service in order to comply with the amended limits. We do not know, nor 
do the comments filed in this proceeding indicate, how much additional 
expense licensees will incur to achieve compliance with the amended 
limits.

Steps Taken To Minimize Economic Impact on Small Entities and 
Significant Alternatives Considered

    The RFA requires an agency to describe any significant alternatives 
considered that might reduce the economic impact on small entities, 
such as establishing different compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; clarifying, consolidating, or simplifying such requirements 
for such small entities; using performance rather than design 
standards; or completely or partially exempting small entities from new 
requirements.
    We have considered and adopted exemptions for the benefit of ship 
owners--most of which, we presume, for reasons stated previously, are 
small entities. To minimize the impact on ship owners using Inmarsat 
Standard A transceivers as Global Maritime Distress and Safety System 
(``GMDSS'') stations, we exempt such devices from the requirements of 
Sec.  25.216 until December 31, 2007, the planned termination date for 
Standard A services. To minimize the impact on ship owners using 
Inmarsat Standard B transceivers as GMDSS stations, we exempt such 
transceivers manufactured previously or within six months hereafter 
from pertinent Sec.  25.216 limits until December 31, 2012, subject to 
a no-interference condition.
    Report to Congress: The Commission will send a copy of the Second 
Report and Order, including this final RFA analysis, in a report to 
Congress pursuant to the Congressional Review Act. In addition, the 
Commission will send a copy of the Second Report and Order and the 
final RFA analysis to the Chief Counsel for Advocacy of the SBA.

Federal Rules That Overlap, Duplicate, or Conflict With the Proposed 
Rules

    None.

Ordering Clauses

    Pursuant to sections 4(i), 301, 302(a), 303(c), 303(e), 303(f), 
303(g), 303(n), and 303(r) of the Communications Act of 1934, as 
amended, 47 U.S.C. 4(i), 301, 302(a), 303(c), 303(e), 303(f), 303(g), 
303(n), and 303(r), Sec. Sec.  1.1307, 2.1033, 2.1204, 25.132, 25.135, 
25.136, 25.138, and 25.216 of the Commission's rules are amended as 
specified in Appendix B of the report and order and a new rule Sec.  
25.129, as set forth in Appendix B of the report and order, is adopted, 
effective March 8, 2004, except for Sec.  25.129 and the changes in 
Sec. Sec.  1.1307, 2.1033, 2.1204, and 25.132, which contain 
information collection requirements that have not been approved by the 
Office of Management and Budget. The Commission will publish a document 
in the Federal Register announcing the effective date for these rule 
changes.
    The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Second Report 
and Order, including the Final Regulatory Flexibility analysis, to the 
Chief Counsel for Advocacy of the Small Business Administration.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

0
For the reasons stated in the preamble, the Federal Communications 
Commission amends 47 CFR parts 1, 2, and 25 as follows:

PART 1--PRACTICE AND PROCEDURE

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

    Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309, 
and 325(e).

0
2. Section 1.1307 is amended by adding a fourth sentence to paragraph 
(b) to read as follows:


Sec.  1.1307  Actions that may have a significant environmental effect, 
for which Environmental Assessments (EAs) must be prepared.

* * * * *
    (b) * * * Such compliance statements may be omitted from license 
applications for transceivers subject to the certification requirement 
in Sec.  25.129 of this chapter.
* * * * *

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

0
3. The authority citation for part 2 continues to read:

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


0
4. Section 2.1033 is amended by adding paragraph (c)(17) to read as 
follows:


Sec.  2.1033  Application for certification.

* * * * *
    (c) * * *
    (17) Applications for certification required by Sec.  25.129 of 
this chapter shall include any additional equipment test data required 
by that section.
* * * * *

0
5. Section 2.1204 is amended by adding new paragraph (a)(10) to read as 
follows:


Sec.  2.1204  Import conditions.

    (a) * * *
    (10) Three or fewer portable earth-station transceivers, as defined 
in Sec.  25.129 of this chapter, are being imported by a traveler as 
personal effects and will not be offered for sale or lease in the 
United States.
* * * * *

PART 25--SATELLITE COMMUNICATIONS

0
6. 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.


0
7. A new Sec.  25.129 is added to read as follows:


Sec.  25.129  Equipment authorization for portable earth-station 
transceivers.

    (a) Except as expressly permitted by Sec.  2.803 or Sec.  2.1204 of 
this chapter, prior authorization must be obtained pursuant to the 
equipment certification procedure in part 2, Subpart J of this chapter 
for importation, sale or lease in the United States, or offer, 
shipment, or distribution for sale or lease in the United States of 
portable earth-station transceivers subject to regulation under part 
25. This requirement does not apply, however, to devices imported, 
sold, leased, or offered, shipped, or distributed for sale or lease 
before November 20, 2004.
    (b) For purposes of this section, an earth-station transceiver is 
portable if it is a ``portable device'' as defined in

[[Page 5710]]

Sec.  2.1093(b) of this chapter, i.e., if its radiating structure(s) 
would be within 20 centimeters of the operator's body when the 
transceiver is in operation.
    (c) In addition to the information required by Sec.  1.1307(b) and 
Sec.  2.1033(c) of this chapter, applicants for certification required 
by this section shall submit any additional equipment test data 
necessary to demonstrate compliance with pertinent standards for 
transmitter performance prescribed in Sec.  25.138, Sec.  25.202(f), 
Sec.  25.204, Sec.  25.209, and Sec.  25.216 and shall submit the 
statements required by Sec.  2.1093(c) of this chapter.
    (d) Applicants for certification required by this section must 
submit evidence that the devices in question are designed for use with 
a satellite system that may lawfully provide service to users in the 
United States pursuant to an FCC license or order reserving spectrum.

0
8. Section 25.132 is amended by revising the first sentence of 
paragraph (a) to read as follows:


Sec.  25.132  Verification of earth station antenna performance 
standards.

    (a) All applications for transmitting earth stations in the C and 
Ku-bands not subject to the certification requirement in Sec.  25.129 
must be accompanied by a certificate pursuant to Sec.  2.902 of this 
chapter from the manufacturer of each antenna that the results of a 
series of radiation pattern tests performed on representative equipment 
in representative configurations by the manufacturer which demonstrates 
that the equipment complies with the performance standards set forth in 
Sec.  25.209. * * *
* * * * *

0
9. Section 25.135 is amended by revising paragraphs (c) and (d) to read 
as follows:


Sec.  25.135  Licensing provisions for earth station networks in the 
non-voice, non-geostationary mobile-satellite service.

* * * * *
    (c) Transceiver units in this service are authorized to communicate 
with and through U.S. authorized space stations only. No person without 
an FCC license for such operation may transmit to a space station in 
this service from anywhere in the United States except to receive 
service from the holder of a pertinent FCC blanket license or from 
another party with the permission of such a blanket licensee.
    (d) The holder of an FCC blanket license for operation of 
transceivers for communication via a non-voice, non-geostationary 
mobile-satellite system shall be responsible for operation of any such 
transceiver to receive service provided by the blanket licensee or 
provided by another party with the blanket licensee's consent. 
Operators of non-voice, non-geostationary mobile-satellite systems 
shall not transmit communications to or from user transceivers in the 
United States unless such communications are authorized under a service 
contract with the holder of a pertinent FCC blanket license or under a 
service contract another party with authority for such transceiver 
operation delegated by such a blanket licensee.

0
10. Section 25.136 is amended by revising the section heading and 
paragraphs (b) and (c) to read as follows:


Sec.  25.136  Licensing provisions for user transceivers in the 1.6/2.4 
GHz, 1.5/1.6 GHz, and 2 GHz Mobile Satellite Services.

* * * * *
    (b) No person without an FCC license for such operation may 
transmit to a space station in this service from anywhere in the United 
States except to receive service from the holder of a pertinent FCC 
blanket license or from another party with the permission of such a 
blanket licensee.
    (c) The holder of an FCC blanket license for operation of 
transceivers for communication via a 1.6/2.4 GHz, 1.5/1.6 GHz, or 2 GHz 
Mobile Satellite Service system shall be responsible for operation of 
any such transceiver to receive service provided by that licensee or 
provided by another party with the blanket licensee's consent. 
Operators of such satellite systems shall not transmit communications 
to or from user transceivers in the United States unless such 
communications are authorized under a service contract with the holder 
of a pertinent FCC blanket license for transceiver operation or under a 
service contract with another party with authority for such 
transmission delegated by such a blanket licensee.
* * * * *

0
11. Section 25.138 is amended by adding a third and a fourth sentence 
to paragraph (f) to read as follows:


Sec.  25.138  Blanket licensing provisions of GSO FSS Earth Stations in 
the 18.3-18.8 GHz (space-to-Earth), 19.7-20.2 GHz (space-to-Earth), 
28.35-28.6 GHz (Earth-to-space), and 29.25-30.0 GHz (Earth-to-space) 
bands.

* * * * *
    (f) * * * The holder of an FCC blanket license pursuant to this 
section shall be responsible for operation of any transceiver to 
receive GSO FSS service provided by that licensee or provided by 
another party with the blanket licensee's consent. Operators of GSO FSS 
systems shall not transmit communications to or from user transceivers 
in the United States unless such communications are authorized under a 
service contract with the holder of a pertinent FCC blanket license or 
under a service contract with another party with authority for such 
transceiver operation delegated by such a blanket licensee.
* * * * *

0
12. Section 25.216 is revised to read as follows:


Sec.  25.216  Limits on emissions from mobile earth stations for 
protection of aeronautical radionavigation-satellite service.

    (a) The e.i.r.p. density of emissions from mobile earth stations 
placed in service on or before July 21, 2002 with assigned uplink 
frequencies between 1610 MHz and 1660.5 MHz shall not exceed -70 dBW/
MHz, averaged over any 2 millisecond active transmission interval, in 
the band 1559-1587.42 MHz. The e.i.r.p. of discrete emissions of less 
than 700 Hz bandwidth generated by such stations shall not exceed -80 
dBW, averaged over any 2 millisecond active transmission interval, in 
that band.
    (b) The e.i.r.p. density of emissions from mobile earth stations 
placed in service on or before July 21, 2002 with assigned uplink 
frequencies between 1610 MHz and 1626.5 MHz shall not exceed -64 dBW/
MHz, averaged over any 2 millisecond active transmission interval, in 
the band 1587.42-1605 MHz. The e.i.r.p. of discrete emissions of less 
than 700 Hz bandwidth generated by such stations shall not exceed -74 
dBW, averaged over any 2 millisecond active transmission interval, in 
the 1587.42-1605 MHz band.
    (c) The e.i.r.p. density of emissions from mobile earth stations 
placed in service after July 21, 2002 with assigned uplink frequencies 
between 1610 MHz and 1660.5 MHz shall not exceedq -70 dBW/MHz, averaged 
over any 2 millisecond active transmission interval, in the band 1559-
1605 MHz. The e.i.r.p. of discrete emissions of less than 700 Hz 
bandwidth from such stations shall not exceed -80 dBW, averaged over 
any 2 millisecond active transmission interval, in the 1559-1605 MHz 
band.
    (d) As of January 1, 2005, the e.i.r.p. density of emissions from 
mobile earth stations placed in service on or before July 21, 2002 with 
assigned uplink frequencies between 1610 MHz and 1660.5 MHz (except 
Standard A and B Inmarsat terminals used as Global Maritime Distress 
and Safety System ship earth stations) shall not exceed -70dBW/MHz, 
averaged over any 2 millisecond active transmission

[[Page 5711]]

interval, in the 1559-1605 MHz band. The e.i.r.p. of discrete emissions 
of less than 700 Hz bandwidth from such stations shall not exceed -80 
dBW, averaged over any 2 millisecond active transmission interval, in 
the 1559-1605 MHz band. Standard A Inmarsat terminals used as Global 
Maritime Distress and Safety System ship earth stations that do not 
meet the e.i.r.p. density limits specified in this paragraph may 
continue operation until December 31, 2007. Inmarsat-B terminals 
manufactured more than six months after Federal Register publication of 
the rule changes adopted in FCC 03-283 must meet these limits. Inmarsat 
B terminals manufactured before then are temporarily grandfathered 
under the condition that no interference is caused by these terminals 
to aeronautical satellite radio-navigation systems. The full-compliance 
deadline for grandfathered Inmarsat-B terminals is December 31, 2012.
    (e) The e.i.r.p density of emissions from mobile earth stations 
with assigned uplink frequencies between 1990 MHz and 2025 MHz shall 
not exceed -70 dBW/MHz, averaged over any 2 millisecond active 
transmission interval, in frequencies between 1559 MHz and 1610 MHz. 
The e.i.r.p. of discrete emissions of less than 700 Hz bandwidth from 
such stations between 1559 MHz and 1605 MHz shall not exceed -80 dBW, 
averaged over any 2 millisecond active transmission interval. The 
e.i.r.p. of discrete emissions of less than 700 Hz bandwidth from such 
stations between 1605 MHz and 1610 MHz manufactured more than six 
months after Federal Register publication of the rule changes adopted 
in FCC 03-283 shall not exceed -80 dBW, averaged over any 2 millisecond 
active transmission interval.
    (f) Mobile earth stations placed in service after July 21, 2002 
with assigned uplink frequencies in the 1610-1660.5 MHz band shall 
suppress the power density of emissions in the 1605-1610 MHz band to an 
extent determined by linear interpolation from -70 dBW/MHz at 1605 MHz 
to -10 dBW/MHz at 1610 MHz.
    (g) Mobile earth stations manufactured more than six months after 
Federal Register publication of the rule changes adopted in FCC 03-283 
with assigned uplink frequencies in the 1610-1626.5 MHz band shall 
suppress the power density of emissions in the 1605-1610 MHz band-
segment to an extent determined by linear interpolation from -70 dBW/
MHz at 1605 MHz to -10 dBW/MHz at 1610 MHz averaged over any 2 
millisecond active transmission interval. The e.i.r.p of discrete 
emissions of less than 700 Hz bandwidth from such stations shall not 
exceed a level determined by linear interpolation from -80 dBW at 1605 
MHz to -20 dBW at 1610 MHz, averaged over any 2 millisecond active 
transmission interval.
    (h) Mobile earth stations manufactured more than six months after 
Federal Register publication of the rule changes adopted in FCC 03-283 
with assigned uplink frequencies in the 1626.5-1660.5 MHz band shall 
suppress the power density of emissions in the 1605-1610 MHz band-
segment to an extent determined by linear interpolation from -70 dBW/
MHz at 1605 MHz to -46 dBW/MHz at 1610 MHz, averaged over any 2 
millisecond active transmission interval. The e.i.r.p of discrete 
emissions of less than 700 Hz bandwidth from such stations shall not 
exceed a level determined by linear interpolation from -80 dBW at 1605 
MHz to -56 dBW at 1610 MHz, averaged over any 2 millisecond active 
transmission interval.
    (i) The peak e.i.r.p density of carrier-off state emissions from 
mobile earth stations manufactured more than six months after Federal 
Register publication of the rule changes adopted in FCC 03-283 with 
assigned uplink frequencies between 1 and 3 GHz shall not exceed -80 
dBW/MHz in the 1559-1610 MHz band averaged over any 2 millisecond 
active transmission interval.
    (j) A Root-Mean-Square detector shall be used for all power density 
measurements.
[FR Doc. 04-2530 Filed 2-5-04; 8:45 am]
BILLING CODE 6712-01-P


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