[Federal Register Volume 75, Number 224 (Monday, November 22, 2010)]
[Proposed Rules]
[Pages 71064-71066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29385]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 97-95; FCC 10-186]


Allocation and Designation of Spectrum for Fixed-Satellite 
Services in the 37.5-38.5 GHz, 40.5-41.5 GHz and 48.2-50.2 GHz 
Frequency Bands

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Communications Commission (FCC) seeks comment on 
technical rules for the Fixed-Satellite Service in the 37.5-42.5 GHz 
band. The purpose of this proceeding is to ensure that satellite 
operators in this band can share the band with terrestrial fixed 
microwave services without causing harmful interference.

DATES: Comments are due on or before January 6, 2011 and reply comments 
are due on or before February 7, 2011.

ADDRESSES: You may submit comment, identified by WT Docket No. 07-293 
and IB Docket No. 95-91, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/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 e-mail: <a href="/cdn-cgi/l/email-protection#50161313656064103633337e373f26"><span class="__cf_email__" data-cfemail="2b6d68681e1b1f6b4d4848054c445d">[email protected]</span></a>, 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: Sean O'More (202) 418-2453, or Howard 
Griboff, (202) 418-0657, Policy Division, International Bureau, Federal 
Communications Commission, Washington, DC 20554.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third 
Notice of Proposed Rulemaking (Third Notice) in IB Docket No. 97-95, 
adopted October 29, 2010 and released on November 1, 2010. The full 
text of the Notice of Proposed Rulemaking 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. This document may also be purchased from 
the Commission's duplicating contractor, Best Copy and Printing, Inc., 
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, 
telephone (202) 488-5300, facsimile (202) 488-5563, or via e-mail 
<a href="/cdn-cgi/l/email-protection#dd9b9e9e9d9f9e8d948a989ff3beb2b0"><span class="__cf_email__" data-cfemail="4107020201030211081604036f222e2c">[email protected]</span></a>.
    The Third Notice contains proposed new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995, 
Public Law 104-13. The Commission invites the general public and the 
Office of Management and Budget (OMB) to comment on the information 
collections contained in the Third Notice, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. Public and agency comments 
are due at the same time as other comments on the Third Notice; OMB 
comments are due on January 6, 2011. Comments should address: (a) 
Whether the proposed collection of information is necessary for the 
proper performance of the functions of the Commission, including 
whether the information shall have practical utility; (b) the accuracy 
of the Commission's burden estimates; (c) ways to enhance

[[Page 71065]]

the quality, utility, and clarity of the information collected; and (d) 
ways to minimize the burden of the collection of information on the 
respondents, including the use of automated collection techniques or 
other forms of information technology.

Summary of Notice of Proposed Rulemaking

    The 37.5-42.5 GHz band is shared between FSS and terrestrial 
microwave operators on a primary basis. Under a regulatory plan known 
as ``soft segmentation,'' technical rules favor the widespread 
deployment of terrestrial microwave stations in the 37.5-40.0 GHz 
portion of the band and widespread deployment of consumer satellite 
earth stations in the 40.0-42.5 GHz portion of the band.
    The Third Notice proposes to complete the allocation of the entire 
37.5-42.5 GHz band to terrestrial microwave and FSS by removing 
allocations to the Broadcasting Service and the Broadcasting-Satellite 
Service in the 42.0-42.5 GHz band and by adding an allocation for FSS 
on a primary basis in the 42.0-42.5 GHz band.
    In order to prevent harmful interference from FSS operators to 
terrestrial microwave and to radioastronomy operations in the adjacent 
42.5-43.5 GHz band, the Third Notice requests comment on coordination 
procedures for FSS operators and terrestrial microwave operators in the 
band and requests comment on what protection requirements will 
adequately protect radioastronomy operations in the 42.5-43.5 GHz band.
    To allow FSS operators to boost power in the band to compensate for 
signal fading due to rain, while at the same time preventing harmful 
interference to terrestrial microwave stations from higher-power 
satellite transmissions, the Third Notice proposes to require FSS 
operators in the band to use measures other than boosting power to 
compensate for signal fading due to rain before boosting power, 
depending on the rain rate in various locations in the United States.
    Initial Regulatory Flexibility Analysis: As required by the 
Regulatory Flexibility Act (RFA),\1\ the Commission has prepared this 
present Initial Regulatory Flexibility Analysis (IRFA) of the possible 
significant economic impact on small entities by the policies and rules 
proposed in this Third Notice of Proposed Rulemaking (Third Notice). 
Written public comments are requested on this IRFA. Comments must be 
identified as responses to the IRFA and must be filed by the deadlines 
for comments provided in paragraph 59 of this Third Notice. The 
Commission will send a copy of this Third Notice, including this IRFA, 
to the Chief Counsel for Advocacy of the Small Business Administration 
(SBA).\2\ In addition, the Third Notice and IRFA (or summaries thereof) 
will be published in the Federal Register.\3\
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has 
been amended by the Contract With America Advancement Act of 1996, 
Public Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the 
CWAAA is the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA).
    \2\ See 5 U.S.C. 603(a).
    \3\ See id.
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A. Need for, and Objectives of, the Proposed Rules

    The rules proposed in this Third Notice will allocate the 42.0-42.5 
GHz sub-band to the Fixed Satellite Service (FSS), and remove the 
allocation of the same sub-band to the Broadcasting Satellite Service 
(BSS), in order to harmonize allocations in the 37.5-42.5 GHz band with 
the allocations agreed by the United States at the 2000 and 2003 World 
Radiocommunication Conferences. The rules proposed in this Third Notice 
will also ensure the protection of radioastronomy operations in the 
42.5-43.5 GHz band from interference from satellite operations in the 
adjacent 37.5-42.5 GHz band. The rules proposed in this Third Notice 
will also provide standards for coordination of FSS gateway earth 
stations and Fixed Service (FS) stations, in order to prevent 
interference between these stations. Finally, the rules proposed in 
this Third Notice will establish a methodology for increasing power 
flux-density (PFD) from satellites operating in the 37.5-40.0 GHz band 
under rain fade conditions, in order to minimize the likelihood of 
interference to Fixed Service (FS) microwave links operating in the 
same band while at the same time ensuring the continuity of satellite 
service.

B. Legal Basis

    The proposed action is authorized under Sections 4(i), 303(r), 403, 
and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 303(r), 403, and 405.

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will 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 SBA.\7\
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    \4\ 5 U.S.C. 603(b)(3).
    \5\ 5 U.S.C. 601(6).
    \6\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the 
RFA, the statutory definition of a small business applies ``unless 
an agency, after consultation with the Office of Advocacy of the 
Small Business Administration and after opportunity for public 
comment, establishes one or more definitions of such term which are 
appropriate to the activities of the agency and publishes such 
definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
    \7\ Small Business Act, 15 U.S.C. 632 (1996).
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    Fixed Microwave Services. Fixed microwave services include common 
carrier,\8\ private operational-fixed,\9\ and broadcast auxiliary radio 
services.\10\ At present, there are approximately 22,015 common carrier 
fixed licensees and 61,670 private operational-fixed licensees and 
broadcast auxiliary radio licensees in the microwave services. The 
Commission has not created a size standard for a small business 
specifically with respect to fixed microwave services. For purposes of 
this analysis, the Commission uses the SBA small business size standard 
for the category Wireless Telecommunications Carriers (except 
Satellite), which is 1,500 or fewer employees.\11\ The Commission does 
not have data specifying the number of these licensees that have no 
more than 1,500 employees, and thus are unable at this

[[Page 71066]]

time to estimate with greater precision the number of fixed microwave 
service licensees that would qualify as small business concerns under 
the SBA's small business size standard. Consequently, the Commission 
estimates that there are 22,015 or fewer common carrier fixed licensees 
and 61,670 or fewer private operational-fixed licensees and broadcast 
auxiliary radio licensees in the microwave services that may be small 
and may be affected by the rules and policies proposed herein. We note, 
however, that the common carrier microwave fixed licensee category 
includes some large entities.
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    \8\ See 47 CFR 101 et seq. for common carrier fixed microwave 
services (except Multipoint Distribution Service).
    \9\ Persons eligible under parts 80 and 90 of the Commission's 
Rules can use Private Operational-Fixed Microwave services. See 47 
CFR Parts 80 and 90. Stations in this service are called 
operational-fixed to distinguish them from common carrier and public 
fixed stations. Only the licensee may use the operational-fixed 
station, and only for communications related to the licensee's 
commercial, industrial, or safety operations.
    \10\ Auxiliary Microwave Service is governed by Part 74 of Title 
47 of the Commission's Rules. See 47 CFR Part 74. This service is 
available to licensees of broadcast stations and to broadcast and 
cable network entities. Broadcast auxiliary microwave stations are 
used for relaying broadcast television signals from the studio to 
the transmitter, or between two points such as a main studio and an 
auxiliary studio. The service also includes mobile television 
pickups, which relay signals from a remote location back to the 
studio.
    \11\ 13 CFR 121.201, NAICS code 517210.
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    Satellite Telecommunications and All Other Telecommunications. 
These two economic census categories address the satellite industry. 
The first category has a small business size standard of $15 million or 
less in average annual receipts, under SBA rules.\12\ The second has a 
size standard of $25 million or less in annual receipts.\13\ The most 
current Census Bureau data in this context, however, are from the 
(last) economic census of 2002, and we will use those figures to gauge 
the prevalence of small businesses in these categories.\14\
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    \12\ 13 CFR 121.201, NAICS code 517410.
    \13\ 13 CFR 121.201, NAICS code 517919.
    \14\ 13 CFR 121.201, NAICS codes 517410 and 517910 (2002).
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    The category of Satellite Telecommunications ``comprises 
establishments 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.'' \15\ For this category, Census Bureau data for 
2002 show that there were a total of 371 firms that operated for the 
entire year.\16\ Of this total, 307 firms had annual receipts of under 
$10 million, and 26 firms had receipts of $10 million to 
$24,999,999.\17\ Consequently, we estimate that the majority of 
Satellite Telecommunications firms are small entities that might be 
affected by our action.
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    \15\ U.S. Census Bureau, 2007 NAICS Definitions, ``517410 
Satellite Telecommunications''; http://www.census.gov/naics/2007/def/ND517410.HTM.
    \16\ U.S. Census Bureau, 2002 Economic Census, Subject Series: 
Information, ``Establishment and Firm Size (Including Legal Form of 
Organization),'' Table 4, NAICS code 517410 (issued Nov. 2005).
    \17\ Id. An additional 38 firms had annual receipts of $25 
million or more.
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    The second category of All Other Telecommunications comprises, 
inter alia, ``establishments primarily engaged in providing specialized 
telecommunications services, such as satellite tracking, communications 
telemetry, and radar station operation. This industry also includes 
establishments primarily engaged in providing satellite terminal 
stations and associated facilities connected with one or more 
terrestrial systems and capable of transmitting telecommunications to, 
and receiving telecommunications from, satellite systems.'' \18\ For 
this category, Census Bureau data for 2002 show that there were a total 
of 332 firms that operated for the entire year.\19\ Of this total, 303 
firms had annual receipts of under $10 million and 15 firms had annual 
receipts of $10 million to $24,999,999.\20\ Consequently, we estimate 
that the majority of All Other Telecommunications firms are small 
entities that might be affected by our action.
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    \18\ U.S. Census Bureau, 2007 NAICS Definitions, ``517919 All 
Other Telecommunications''; http://www.census.gov/naics/2007/def/ND517919.HTM#N517919.
    \19\ U.S. Census Bureau, 2002 Economic Census, Subject Series: 
Information, ``Establishment and Firm Size (Including Legal Form of 
Organization),'' Table 4, NAICS code 517910 (issued Nov. 2005).
    \20\ Id. An additional 14 firms had annual receipts of $25 
million or more.
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D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    The Third Notice proposes a rule change that will affect reporting, 
recordkeeping and other compliance requirements. Each of these changes 
is described below.
    The Third Notice proposes to require satellite operators and FS 
operators in the 37.5-40.0 GHz band to coordinate the siting of gateway 
earth stations and FS stations in the same band when station antennas 
have lines of sight into the other licensees' service areas, in 
accordance with the frequency coordination process set forth in Section 
101.103(d) of the rules. In order to accomplish such coordination, 
operators wishing to establish new stations would be required to 
accomplish coordination with all licensees whose station antennas lie 
within line of sight of the proposed new station, and certify to the 
Commission that such coordination has been accomplished along with the 
application for authorization for the new station.

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

    The RFA requires an agency to describe any significant 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 or reporting requirements under the rule for 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 small 
entities.\21\
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    \21\ See 5 U.S.C. 603(c).
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    A significant alternate coordination procedure considered in this 
Notice was to establish a specific distance between existing stations 
and proposed new stations within which the licensee proposing the new 
station must coordinate. The Commission decided, however, that the 
proposed coordination requirement, which is based on power-flux 
densities and actual lines of sight rather than a simple distance 
measure, provides more flexibility to licensees in siting new stations, 
while at the same time risking no greater likelihood of interference 
between stations.

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

    None.

Ordering Clauses

    Accordingly, It is ordered that, pursuant to the authority 
contained in sections 1, 4(i), 4(j), 7(a), 301, 303(c), 303(f), 303(g), 
303(r), 303(y), and 308 of the Communications Act of 1934, as amended, 
47 U.S.C. 151, 154(i), 157(a), 301, 303(c), 303(f), 303(g), 303(r), 
303(y), 308, the Third Notice of Proposed Rulemaking in IB Docket No. 
97-95 is adopted.
    It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Third Notice of Proposed Rulemaking, including Initial 
Regulatory Flexibility Certification, to the Chief Counsel for Advocacy 
of the Small Business Administration.

Federal Communications Commission.

Marlene H. Dortch,
Secretary.
[FR Doc. 2010-29385 Filed 11-19-10; 8:45 am]
BILLING CODE 6712-01-P


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