Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Rules and Regulations 5707

If you are convicted of . . . then you may be subject to . . . under . . . 

(3) Failing to obtain any permit or to pay any 

fee required in this subpart.

a fine in accordance with 18 U.S.C. 

3571(b)(7) for individuals or (c)(7) for organizations.

the Land and Water Conservation Fund Act, 

as amended, 16 U.S.C. 460l–6a(e). 

[FR Doc. 04–2545 Filed 2–5–04; 8:45 am] 

BILLING CODE 4310–84–P

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-ofBand Emission Limits for Mobile Earth 

Stations

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

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 earthstation transceivers and limits on out-ofband emissions from mobile earthstation transceivers.

DATES: Effective March 8, 2004, except 

for § 25.129 and the changes in 

§§ 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, § 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 JudithB.Herman@fcc.gov, and to Kristy L. 

LaLonde, OMB Desk Officer, 10234 

NEOB, 725 17th Street, NW., 

Washington, DC 20503 or via the 

Internet to 

Kristy_L._LaLonde@omb.eop.gov.

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 JudithB.Herman@fcc.gov.

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 qualexint@aol.com.

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 informationfiling requirements. 

In addition to adopting rules 

pertaining to equipment authorization 

and importation of portable earthstation 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-ofband 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

5708 Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Rules and Regulations 

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 equipmentauthorization 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, landbased 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-ofband emission limits for mobile earthstation 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 § 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, respecifying 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 § 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 § 25.216 are to modify 

its provisions to better serve the 

objective of preventing interference with 

aircraft reception of satellite radionavigation 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 

§ 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 § 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.

Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Rules and Regulations 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 § 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 § 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), §§ 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 

§ 25.129, as set forth in Appendix B of 

the report and order, is adopted, 

effective March 8, 2004, except for 

§ 25.129 and the changes in §§ 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.

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 

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).

2. Section 1.1307 is amended by 

adding a fourth sentence to paragraph 

(b) to read as follows:

§ 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 § 25.129 

of this chapter.

* * * * *

PART 2—FREQUENCY ALLOCATIONS 

AND RADIO TREATY MATTERS; 

GENERAL RULES AND REGULATIONS 

3. The authority citation for part 2 

continues to read:

Authority: 47 U.S.C. 154, 302a, 303, and 

336, unless otherwise noted.

4. Section 2.1033 is amended by 

adding paragraph (c)(17) to read as 

follows:

§ 2.1033 Application for certification.

* * * * *

(c) * * *

(17) Applications for certification 

required by § 25.129 of this chapter 

shall include any additional equipment 

test data required by that section.

* * * * *

5. Section 2.1204 is amended by 

adding new paragraph (a)(10) to read as 

follows:

§ 2.1204 Import conditions. 

(a) * * *

(10) Three or fewer portable earthstation transceivers, as defined in 

§ 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 

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.

7. A new § 25.129 is added to read as 

follows:

§ 25.129 Equipment authorization for 

portable earth-station transceivers. 

(a) Except as expressly permitted by 

§ 2.803 or § 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

5710 Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Rules and Regulations 

§ 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 § 1.1307(b) and § 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 

§ 25.138, § 25.202(f), § 25.204, § 25.209, 

and § 25.216 and shall submit the 

statements required by § 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.

8. Section 25.132 is amended by 

revising the first sentence of paragraph 

(a) to read as follows:

§ 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 § 25.129 must be accompanied by a 

certificate pursuant to § 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 

§ 25.209. * * *

* * * * *

9. Section 25.135 is amended by 

revising paragraphs (c) and (d) to read 

as follows:

§ 25.135 Licensing provisions for earth 

station networks in the non-voice, nongeostationary 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, nongeostationary 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 mobilesatellite 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.

10. Section 25.136 is amended by 

revising the section heading and 

paragraphs (b) and (c) to read as follows:

§ 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.

* * * * *

11. Section 25.138 is amended by 

adding a third and a fourth sentence to 

paragraph (f) to read as follows:

§ 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 (spaceto-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.

* * * * *

12. Section 25.216 is revised to read 

as follows:

§ 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

Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Rules and Regulations 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 radionavigation 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 carrieroff 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

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 27 

[WT Docket No. 02–353; FCC 03–251] 

Service Rules for Advanced Wireless 

Services

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: In this document the 

Commission adopts service rules for 

Advanced Wireless Services in the 

1710–1755 MHZ and 2110–2155 MHz 

bands, including provisions for 

application, licensing, operating and 

technical rules, and for competitive 

bidding. The Commission takes this 

action to facilitate the provision of new 

services to the public, and to encourage 

optimum use of these frequencies.

DATES: Effective April 6, 2004.

FOR FURTHER INFORMATION CONTACT: John 

Spencer or Eli Johnson, Attorneys, 

Policy Division, Wireless 

Telecommunications Bureau, at 202–

418–1310.

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order in WT Docket No. 02–353, 

FCC 03–251, adopted on October 16, 

2003 and released on November 25, 

2003. The complete text of the Report 

and Order is available on the 

Commission’s Internet site, at http://

www.fcc.gov. It is also available for 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center, Courtyard Level, 

445 12th Street, SW., Washington, DC, 

and may be purchased from the 

Commission’s copy contractor, Qualex 

International, Portals II, 445 12th Street, 

SW., CY–B4202, Washington, DC 20554, 

telephone 202–863–2893, facsimilie 

202–0863–2898, or via e-mail 

qualexint@aol.com.

I. Overview 

1. The Report and Order adopts 

licensing, technical, and competitive 

bidding rules to govern the use of the 

spectrum at 1710–1755 and 2110–2155 

MHz, which had previously been 

allocated for advanced wireless services, 

in a manner that will enable service 

providers to put this spectrum to use for 

any purpose consistent with its 

allocation. Specifically, the Report and 

Order decides the following issues. The 

flexible use of this spectrum is in the 

public interest and any use of this 

spectrum that is consistent with the 

spectrum’s fixed and mobile allocation 

is permitted. The spectrum will be 

licensed under the Commission’s 

flexible, market-oriented part 27 rules, 

as those rules are modified to reflect the 

particular characteristics of this 

spectrum. The licenses will be assigned 

through competitive bidding. Licenses 

will be issued using a geographic area 

licensing approach, with a mixture of 

licensing areas to provide for a variety 

of needs, including both large service 

providers and small and rural service 

providers. Spectrum blocks will be 

composed of different bandwidths to 

satisfy a variety of needs. 

2. Applicants and licensees must 

report the regulatory status of their 

service offerings. There will be no 

ownership restrictions other than those 

contained in section 310 and no 

spectrum aggregation limits or eligibility 

restrictions. The initial license term will 

be 15 years with 10 year renewal terms.