47100 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 

11 ‘‘Business day’’ is already defined in the UOC 

as any day on which the Federal Reserve Banks are 

open for business. § 356.2. 

requirements, including the new 

threshold amount in (d)(1)(i). 

Subparagraph (d)(2) applies to 

submitters and intermediaries. 

Also, Treasury is making one change 

to the text in the new 

§ 356.24(d)(1)(ii)(A), formerly in 

§ 356.24(d)(1), to clarify that the 

customer must provide a confirmation 

of all of its awarded bids, including the 

name of ‘‘each’’ submitter that 

submitted bids on the customer’s behalf. 

In other words, if more than one 

submitter submitted bids for a customer, 

then that customer must still confirm all 

of its awarded bids, provided the total 

amount of the awarded bids is $2 billion 

or more. 

We are making an additional change 

to the language in the new 

§ 356.24(d)(1)(i), formerly in § 356.24(d), 

to clarify that the customer must 

provide confirmation of the awarded 

bid(s) on the ‘‘next business’’ day 

following the auction.11

Regulatory Analysis and Review 

Executive Order 12866. This rule is 

not a significant regulatory action 

pursuant to Executive Order 12866. 

Administrative Procedure Act (APA). 

Because this rule relates to United 

States securities, which are contracts 

between Treasury and the owner of the 

security, this rule falls within the 

contract exception to the APA, 5 U.S.C. 

553(a)(2). As a result, the notice, public 

comment, and delayed effective date 

provisions of the APA are inapplicable 

to this rule. 

Regulatory Flexibility Act. The 

provisions of the Regulatory Flexibility 

Act, 5 U.S.C. 601 et seq., do not apply 

to this rule because, pursuant to 5 

U.S.C. 553(a)(2), it is not required to be 

issued with notice and opportunity for 

public comment. 

Paperwork Reduction Act (PRA). 

There is no new collection of 

information contained in this final rule 

that would be subject to the PRA, 44 

U.S.C. 3501 et seq. Under the PRA, an 

agency may not conduct or sponsor, and 

a person is not required to respond to, 

a collection of information unless it 

displays a valid OMB control number. 

The Office of Management and Budget 

already has approved all collections of 

information in 31 CFR part 356, under 

OMB control number 1535–0112. 

Congressional Review Act (CRA). This 

rule is not a major rule pursuant to the 

CRA, 5 U.S.C. 801 et seq., because it is 

a minor amendment to the reporting 

requirements Treasury places on 

customers submitting bids in Treasury 

marketable securities auctions. This rule 

actually requires less reporting and 

therefore, is not expected to lead to any 

of the results listed in 5 U.S.C. 804(2). 

List of Subjects in 31 CFR Part 356 

Bonds, Federal Reserve System, 

Government securities, Securities. 

■ For the reasons set forth in the 

preamble, 31 CFR part 356 is amended 

as follows: 

PART 356—SALE AND ISSUE OF 

MARKETABLE BOOK-ENTRY 

TREASURY BILLS, NOTES, AND 

BONDS (DEPARTMENT OF THE 

TREASURY CIRCULAR, PUBLIC DEBT 

SERIES NO. 1–93) 

■ 1. The authority citation for part 356 

continues to read as follows: 

Authority: 5 U.S.C. 301; 31 U.S.C. 3102 et 

seq.; 12 U.S.C. 391. 

■ 2. Revise § 356.24(d) to read as 

follows: 

§ 356.24 Will I be notified directly of my 

awards and, if I am submitting bids for 

others, do I have to provide confirmations? 

* * * * * 

(d) Customer confirmation—(1) 

Customer requirements—(i) When and 

how must a customer confirm its 

awards? Any customer awarded a par 

amount of $2 billion or more in an 

auction must send us a confirmation in 

written form or via e-mail containing 

the information in paragraph (d)(1)(ii) of 

this section. The confirmation must be 

sent no later than 10 a.m. Eastern Time 

on the next business day following the 

auction. If sent in written form, the 

confirmation must be signed by the 

customer or authorized representative. 

Confirmations sent by e-mail must be 

sent by the customer or authorized 

representative. Confirmations signed or 

sent by an authorized representative 

must include the capacity in which the 

representative is acting. 

(ii) What must the customer include 

in its confirmation? The information the 

customer must provide is: 

(A) A confirmation of the awarded 

bid(s), including the name of each 

submitter that submitted the bid(s) on 

the customer’s behalf, and 

(B) A statement indicating whether 

the customer had a reportable net long 

position as defined in § 356.13. If a 

position had to be reported, the 

statement must provide the amount of 

the position and the name of the 

submitter that the customer requested to 

report the position. 

(2) Submitter or intermediary 

requirements. A submitter or 

intermediary submitting or forwarding 

bids for a customer must notify the 

customer of the customer confirmation 

reporting requirement if we award the 

customer $2 billion or more as a result 

of those bids. 

Richard L. Gregg, 

Acting Fiscal Assistant Secretary. 

[FR Doc. E9–22147 Filed 9–14–09; 8:45 am] 

BILLING CODE 4810–39–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 25 

[IB Docket No. 02–10; FCC 09–63] 

Procedures To Govern the Use of 

Satellite Earth Stations on Board 

Vessels in the 5925–6425 MHz/3700– 

4200 MHz Bands and 14.0–14.5 GHz/ 

11.7–12.2 GHz Bands 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) modifies its C-band and 

Ku-band licensing and service rules for 

Earth Stations on Board Vessels (ESVs) 

in order to promote greater ESV 

operational flexibility without causing 

harmful interference to the fixed service 

(FS) and fixed-satellite service (FSS) 

operators and a limited number of 

Government operations in those bands. 

DATES: Effective October 15, 2009, 

except for §§ 25.221(b)(1)(i) through 

(iii), 25.222(b)(1)(i) through (iii), 

25.221(b)(1)(iv)(A), (B); 

25.222(b)(1)(iv)(A), (B), 25.221(b)(2)(i) 

through (v), 25.222(b)(2)(i) through (v), 

25.221(b)(4); 25.222(b)(4), which 

contain information collection 

requirements that are not effective until 

approved by the Office of Management 

and Budget. The Commission will 

publish a document in the Federal 

Register announcing the effective date 

for those sections. The Commission will 

send a copy of this Order on 

Reconsideration in a report to be sent to 

Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Balatan or Howard Griboff, 

Policy Division, International Bureau, 

(202) 418–1460. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order on 

Reconsideration, adopted on July 30, 

2009, and released on July 31, 2009 

(FCC 09–63). The full text of this 


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Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 47101 

document is available for inspection 

and copying during normal business 

hours in the Commission Reference 

Center, 445 12th Street, SW., 

Washington, DC 20554. The document 

is also available for download over the 

Internet at http://hraunfoss.fcc.gov/ 

edocs_public/attachmatch/FCC-09- 

63A1.doc. The complete text may also 

be purchased from the Commission’s 

copy contractor, Best Copy and Printing, 

in person at 445 12th Street, SW., Room 

CY–B402, Washington, DC 20554, via 

telephone at (202) 488–5300, via 

facsimile at (202) 488–5563, or via 

e-mail at Commission@bcpiweb.com. 

Summary of the Order on 

Reconsideration 

On December 15, 2004, the 

Commission adopted the ESV Report 

and Order in IB Docket No. 02–10 (ESV 

Order) (70 FR 4775–01, January 31, 

2005, as amended at 40 FR 34665–01, 

June 15, 2005), establishing licensing 

and service rules for ESVs operating in 

the 5925–6425 MHz/3700–4200 MHz 

(C-band) and 14.0–14.5 GHz/11.7–12.2 

GHz (Ku-band) frequencies. On July 30, 

2009, the Commission adopted this 

Order on Reconsideration, which 

considers four petitions seeking 

reconsideration and/or clarification of 

the ESV Order. In particular, with 

respect to measures for protecting the 

FSS, the Commission: (1) Allows ESV 

operators to operate at higher power 

levels as long as they satisfy certain 

conditions; (2) permits ESVs operating 

below the off-axis e.i.r.p. spectraldensity limits to declare their own 

antenna pointing error and; (3) modifies 

the starting angle of the off-axis e.i.r.p.- 

density envelope to 1.5 degrees. With 

respect to measures protecting the FS, 

the Commission amends § 25.221(a)(11) 

to clarify that the phrase ‘‘a fixed service 

offshore installation’’ refers to U.S.- 

licensed FS offshore installations and 

that ESVs must coordinate with U.S.- 

licensed FS operators prior to operation. 

The Commission also clarifies that the 

public notice requirement should 

specify that only the FS operators that 

have been excluded from the 

coordination are allowed to object in 

response to the public notice and only 

with respect to being excluded from the 

coordination, and that ESVs should be 

required to shut down only those 

frequencies used by the objecting FS 

operator that has been excluded from 

the coordination. In addition, the 

Commission reduces the distance from 

the U.S. coastline (from 300 kilometers 

to 125 kilometers) within which Kuband foreign-registered vessels with 

non-U.S. hubs must operate pursuant to 

a bilateral agreement or ITU 4.4. 

Finally, the Commission makes 

procedural changes to the ESV rules, 

such as separating the ESV operational 

requirements from the ESV application 

requirements, in order to simplify the 

organization of those rules. 

Final Regulatory Flexibility 

Certification—Order on 

Reconsideration 

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 U.S. Small Business 

Administration (SBA). 

In light of the rules adopted in the 

ESV Order, we find that there are only 

two categories of licensees that would 

be affected by the new rules. These 

categories of licensees are Satellite 

Telecommunications and Fixed-Satellite 

Transmit/Received Earth Stations. The 

SBA has determined that the small 

business size standard for Satellite 

Telecommunications is a business that 

has $15 million or less in average 

annual receipts. Currently there are 

approximately 3,390 operational fixedsatellite transmit/received earth stations 

authorized for use in the C- and Kubands. The Commission does not 

request or collect annual revenue 

information, and thus is unable to 

estimate the number of earth stations 

that would constitute a small business 

under the SBA definition. Of the two 

classifications of licensees, we estimate 

that only 15 entities will provide ESV 

service. For the reasons described 

below, we certify that the policies and 

rules adopted in this Order on 

Reconsideration will not have a 

significant economic impact on a 

substantial number of small entities. In 

the ESV Order, the Commission 

established licensing and service rules 

for ESVs operating in the 5925–6425 

MHz/3700–4200 MHz (C-band) and 

14.0–14.5 GHz/11.7–12.2 GHz (Kuband) frequencies. These rules allow 

ESV operations in the C- and Ku-bands, 

while ensuring that ESVs protect FS, 

FSS operators, and a limited number of 

Government operations in these bands 

from harmful interference. In this Order 

on Reconsideration, the Commission 

clarifies and modifies certain ESV rules 

designed to protect the FSS and the FS 

in the C- and Ku-bands. In particular, 

we modify our rules to protect the FSS 

by allowing greater operational 

flexibility for ESVs. For example, ESVs 

may operate at higher off-axis powerdensity levels as long as the ESV 

remains within the parameters of the 

coordination agreements between the 

target satellite and adjacent satellites. 

With regard to protecting the FS in the 

C-band, we clarify the ESV requirement 

to protect offshore FS and clarify and 

modify the requirement for an ESV to 

cease emissions if an FS at a particular 

location has been excluded from the 

coordination with the ESV. Finally, to 

further promote flexibility in the Kuband, we shorten the distance from the 

U.S. coastline within which foreignregistered vessels that operate with nonU.S. hubs must comply with a bilateral 

agreement or ITU RR 4.4. 

The Commission does not expect 

small entities to incur significant costs 

associated with the changes adopted in 

this Order on Reconsideration. The 

changes will benefit both large and 

small entities by allowing greater 

operational flexibility in providing ESV 

service. We believe these requirements 

are nominal and do not impose a 

significant economic impact on small 

entities. Therefore, we certify that the 

requirements adopted in this Order on 

Reconsideration will not have a 

significant economic impact on a 

substantial number of small entities. 

Final Paperwork Reduction Act of 1995 

Analysis—Order on Reconsideration 

This Order on Reconsideration 

contains new information collections 

subject to the Paperwork Reduction Act 

of 1995 (PRA), Public Law 104–13. It 

will be 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 were invited to 

comment on the modified information 

collection contained in this proceeding 

(74 FR 41698, August 18, 2009). 

Ordering Clauses 

Pursuant to Sections 4(i), 7, 302, 

303(c), 303(e), 303(f) and 303(r) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 157, 302, 

303(c), 303(e), 303(f) and 303(r), this 

Order on Reconsideration is adopted. 

Part 25 of the Commission’s rules is 

amended, as specified below in the rule 


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47102 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 

revisions, effective October 15, 2009 

except for §§ 25.221(b)(1)(i) through 

(iii), 25.222(b)(1)(i) through (iii), 

25.221(b)(1)(iv)(A), (B); 

25.222(b)(1)(iv)(A), (B), 25.221(b)(2)(i) 

through (v), 25.222(b)(2)(i) through (v), 

25.221(b)(4); 25.222(b)(4), which 

contain information collection 

requirements that are not effective until 

approved by the Office of Management 

and Budget. 

The Petition for Reconsideration filed 

by ARINC Incorporated is granted in 

part to the extent described above and 

is denied in all other respects. 

The Petition for Reconsideration filed 

by The Boeing Company is granted in 

part to the extent described above and 

is denied in all other respects. 

The Petition for Reconsideration filed 

by the Fixed Wireless Communications 

Coalition is denied in part to the extent 

described above and is dismissed in all 

other respects. 

The Petition for Reconsideration filed 

by the Maritime Telecommunications 

Network is granted in part to the extent 

described above and is denied in all 

other respects. 

The Final Regulatory Flexibility 

Certification, as required by Section 604 

of the Regulatory Flexibility Act, IS 

ADOPTED. 

The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Order on Reconsideration including 

the Final Regulatory Flexibility 

Certification, to the Chief Counsel for 

Advocacy of the Small Business 

Administration. 

List of Subjects in 47 CFR Part 25 

Satellites. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

Rule Revisions 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 25 as 

follows: 

PART 25—SATELLITE 

COMMUNICATIONS 

■ 1. 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. 154, 301, 302, 303, 307, 

309, 332, unless otherwise noted. 

■ 2. Section 25.132 is amended by 

revising paragraph (b)(3) as follows: 

§ 25.132 Verification of earth station 

antenna performance standards. 

* * * * * 

(b) * * * 

(b)(3) Applicants seeking authority to 

use an antenna that does not meet the 

standards set forth in § 25.209(a) and 

(b), pursuant to the procedure set forth 

in § 25.220, § 25.221, § 25.222, or 

§ 25.223(c), are required to submit a 

copy of the manufacturer’s range test 

plots of the antenna gain patterns 

specified in paragraph (b)(1) of this 

section. 

* * * * * 

■ 3. Section 25.221 is revised to read as 

follows: 

§ 25.221 Blanket Licensing provisions for 

Earth Stations on Vessels (ESVs) receiving 

in the 3700–4200 MHz (space-to-Earth) 

frequency band and transmitting in the 

5925–6425 MHz (Earth-to-space) frequency 

band, operating with Geostationary Satellite 

Orbit (GSO) Satellites in the Fixed-Satellite 

Service. 

(a) The following ongoing 

requirements govern all ESV licensees 

and operations in the 3700–4200 MHz 

(space-to-Earth) and 5925–6425 MHz 

(Earth-to-space) bands transmitting to 

GSO satellites in the fixed-satellite 

service. ESV licensees must comply 

with the requirements in either 

paragraph (a)(1) or (a)(2) of this section 

and all of the requirements set forth in 

paragraphs (a)(3) through (a)(12) of this 

section. Paragraph (b) of this section 

identifies items that must be included in 

the application for ESV operations to 

demonstrate that these ongoing 

requirements will be met. 

(1) The following requirements shall 

apply to an ESV that uses transmitters 

with off-axis effective isotropically 

radiated power (EIRP) spectral-densities 

lower than or equal to the levels in 

paragraph (a)(1)(i) of this section. An 

ESV, or ESV system, operating under 

this section shall provide a detailed 

demonstration as described in 

paragraph (b)(1) of this section. The ESV 

transmitter must also comply with the 

antenna pointing and cessation of 

emission requirements in paragraphs 

(a)(1)(ii) and (a)(1)(iii) of this section. 

(i) An ESV system shall not exceed 

the off-axis EIRP spectral-density limits 

and conditions defined in paragraphs 

(a)(1)(i)(A) through (a)(1)(i)(D) of this 

section. 

(A) The off-axis EIRP spectral-density 

emitted from the ESV, in the plane of 

the GSO as it appears at the particular 

earth station location, shall not exceed 

the following values: 

26.3 ¥ 10log(N) ¥ 25logq .......................................................... dBW/4 kHz ............................................ for ............ 1.5° ≤ q ≤ 7° 

5.3 ¥10log(N) .............................................................................. dBW/4 kHz ............................................ for ............ 7° < q ≤ 9.2° 

29.3 ¥10log(N) ¥ 25logq ........................................................... dBW/4 kHz ............................................ for ............ 9.2° < q ≤ 48° 

¥12.7 ¥10log(N) ......................................................................... dBW/4 kHz ............................................ for ............ 48° < q ≤ 180° 

Where theta (q) is the angle in degrees 

from the line connecting the focal point 

of the antenna to the orbital location of 

the target satellite, the plane of the GSO 

is determined by the focal point of the 

antenna and the line tangent to the arc 

of the GSO at the orbital location of the 

target satellite. For an ESV network 

using frequency division multiple 

access (FDMA) or time division 

multiple access (TDMA) techniques, N 

is equal to one. For ESV networks using 

multiple co-frequency transmitters that 

have the same EIRP, N is the maximum 

expected number of co-frequency 

simultaneously transmitting ESV earth 

stations in the same satellite receiving 

beam. For the purpose of this section, 

the peak EIRP of an individual sidelobe 

may not exceed the envelope defined 

above for q between 1.5° and 7.0°. For 

q greater than 7.0°, the envelope may be 

exceeded by no more than 10% of the 

sidelobes, provided no individual 

sidelobe exceeds the envelope given 

above by more than 3 dB. 

(B) In all directions other than along 

the GSO, the off-axis EIRP spectraldensity for co-polarized signals emitted 

from the ESV shall not exceed the 

following values: 


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Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 47103 

29.3 ¥ 10log(N) ¥ 25logq .......................................................... dBW/4 kHz ............................................ for ............ 3.0° ≤ q ≤ 48° 

¥12.7 ¥ 10log(N) ........................................................................ dBW/4 kHz ............................................ for ............ 48° < q ≤ 180° 

Where q and N are defined in paragraph 

(a)(1)(i)(A) of this section. This off-axis 

EIRP spectral-density applies in any 

plane that includes the line connecting 

the focal point of the antenna to the 

orbital location of the target satellite 

with the exception of the plane of the 

GSO as defined in paragraph (a)(1)(i)(A) 

of this section. For the purpose of this 

section, the envelope may be exceeded 

by no more than 10% of the sidelobes 

provided no individual sidelobe 

exceeds the gain envelope given above 

by more than 6 dB. The region of the 

main reflector spillover energy is to be 

interpreted as a single lobe and shall not 

exceed the envelope by more than 6 dB. 

(C) In all directions, the off-axis EIRP 

spectral-density for cross-polarized 

signals emitted from the ESV shall not 

exceed the following values: 

16.3 ¥ 10log(N) ¥ 25logq .......................................................... dBW/4 kHz ............................................ for ............ 1.8° ≤ q ≤ 7.0° 

¥4.7 ¥ 10log(N) .......................................................................... dBW/4 kHz ............................................ for ............ 7.0° < q ≤ 9.2° 

Where q and N are defined as set forth 

in paragraph (a)(1)(i)(A) of this section. 

This EIRP spectral-density applies in 

any plane that includes the line 

connecting the focal point of the 

antenna to the orbital location of the 

target satellite. 

(D) For non-circular ESV antennas, 

the major axis of the antenna will be 

aligned with the tangent to the arc of the 

GSO at the orbital location of the target 

satellite, to the extent required to meet 

the specified off-axis EIRP spectraldensity criteria. 

(ii) Each ESV transmitter must meet 

one of the following antenna pointing 

requirements: 

(A) Each ESV transmitter shall 

maintain a pointing error of less than or 

equal to 0.2° between the orbital 

location of the target satellite and the 

axis of the main lobe of the ESV 

antenna, or 

(B) Each ESV transmitter shall 

maintain the declared maximum 

antenna pointing error that may be 

greater than 0.2° provided that the ESV 

does not exceed the off-axis EIRP 

spectral-density limits in paragraph 

(a)(1)(i) of this section, taking into 

account the antenna pointing error. 

(iii) Each ESV transmitter must meet 

one of the following cessation of 

emission requirements: 

(A) For ESVs operating under 

paragraph (a)(1)(ii)(A) of this section, all 

emissions from the ESV shall 

automatically cease within 100 

milliseconds if the angle between the 

orbital location of the target satellite and 

the axis of the main lobe of the ESV 

antenna exceeds 0.5°, and transmission 

will not resume until such angle is less 

than or equal to 0.2°, or 

(B) For ESV transmitters operating 

under paragraph (a)(1)(ii)(B) of this 

section, all emissions from the ESV 

shall automatically cease within 100 

milliseconds if the angle between the 

orbital location of the target satellite and 

the axis of the main lobe of the ESV 

antenna exceeds the declared maximum 

antenna pointing error and shall not 

resume transmissions until such angle is 

less than or equal to the declared 

maximum antenna pointing error. 

(2) The following requirements shall 

apply to an ESV that uses off-axis EIRP 

spectral-densities in excess of the levels 

in paragraph (a)(1)(i) of this section. An 

ESV, or ESV system, operating under 

this section shall file certifications and 

provide a detailed demonstration as 

described in paragraph (b)(2) of this 

section. 

(i) The ESV shall transmit only to the 

target satellite system(s) referred to in 

the certifications required by paragraph 

(b)(2) of this section. 

(ii) If a good faith agreement cannot be 

reached between the target satellite 

operator and the operator of a future 

satellite that is located within 6 degrees 

longitude of the target satellite, the ESV 

operator shall accept the power-density 

levels that would accommodate that 

adjacent satellite. 

(iii) The ESV shall operate in 

accordance with the off-axis EIRP 

spectral-densities that the ESV supplied 

to the target satellite operator in order 

to obtain the certifications listed in 

paragraph (b)(2) of this section. The ESV 

shall automatically cease emissions 

within 100 milliseconds if the ESV 

transmitter exceeds the off-axis EIRP 

spectral-densities supplied to the target 

satellite operator. 

(3) There shall be a point of contact 

in the United States, with phone 

number and address, available 24 hours 

a day, seven days a week, with authority 

and ability to cease all emissions from 

the ESVs, either directly or through the 

facilities of a U.S. Hub or a Hub located 

in another country with which the 

United States has a bilateral agreement 

that enables such cessation of 

emissions. 

(4) For each ESV transmitter, a record 

of the ship location (i.e., latitude/ 

longitude), transmit frequency, channel 

bandwidth and satellite used shall be 

time annotated and maintained for a 

period of not less than 1 year. Records 

will be recorded at time intervals no 

greater than every 20 minutes while the 

ESV is transmitting. The ESV operator 

will make this data available upon 

request to a coordinator, fixed system 

operator, fixed-satellite system operator, 

or the Commission within 24 hours of 

the request. 

(5) ESV operators communicating 

with vessels of foreign registry must 

maintain detailed information on each 

vessel’s country of registry and a point 

of contact for the relevant 

administration responsible for licensing 

ESVs. 

(6) ESV operators shall control all 

ESVs by a Hub earth station located in 

the United States, except that an ESV on 

U.S.-registered vessels may operate 

under control of a Hub earth station 

location outside the United States 

provided the ESV operator maintains a 

point of contact within the United 

States that will have the capability and 

authority to cause an ESV on a U.S.- 

registered vessel to cease transmitting if 

necessary. 

(7) ESV operators transmitting in the 

5925–6425 MHz (Earth-to-space) 

frequency bands to GSO satellites in the 

fixed-satellite service (FSS) shall not 

seek to coordinate, in any geographic 

location, more than 36 megahertz of 

uplink bandwidth on each of no more 

than two GSO FSS satellites. 

(8) ESVs shall not operate in the 

5925–6425 MHz (Earth-to-space) and 

3700–4200 MHz (space-to-Earth) 

frequency bands on vessels smaller than 

300 gross tons. 

(9) ESVs, operating while docked, that 

complete coordination with terrestrial 

stations in the 3700–4200 MHz band in 

accordance with § 25.251, shall receive 

protection from such terrestrial stations 

in accordance with the coordination 

agreements, for 180 days, renewable for 

180 days. 

(10) ESVs in motion shall not claim 

protection from harmful interference 

from any authorized terrestrial stations 


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or lawfully operating satellites to which 

frequencies are either already assigned, 

or may be assigned in the future in the 

3700–4200 MHz (space-to-Earth) 

frequency band. 

(11) ESVs operating within 200 km 

from the baseline of the United States, 

or within 200 km from a U.S.-licensed 

fixed service offshore installation, shall 

complete coordination with potentially 

affected U.S.-licensed fixed service 

operators prior to operation. The 

coordination method and the 

interference criteria objective shall be 

determined by the frequency 

coordinator. The details of the 

coordination shall be maintained and 

available at the frequency coordinator, 

and shall be filed with the Commission 

to be placed on public notice. Operation 

of each individual ESV may commence 

immediately after the public notice is 

released that identifies the notification 

sent to the Commission. Continuance of 

operation of that ESV for the duration of 

the coordination term shall be 

dependent upon successful completion 

of the normal public notice process. If, 

prior to the end of the 30-day comment 

period of the public notice, any 

objections are received from U.S.- 

licensed fixed service operators that 

have been excluded from coordination, 

the ESV licensee shall immediately 

cease operation of that particular station 

on frequencies used by the affected 

U.S.-licensed fixed service station until 

the coordination dispute is resolved and 

the ESV licensee informs the 

Commission of the resolution. 

(12) ESV operators must automatically 

cease transmission if the ESV operates 

in violation of the terms of its 

coordination agreement, including, but 

not limited to, conditions related to 

speed of the vessel or if the ESV travels 

outside the coordinated area, if within 

200 km from the baseline of the United 

States, or within 200 km from a U.S.- 

licensed fixed service offshore 

installation. Transmissions may be 

controlled by the ESV network. The 

frequency coordinator may decide 

whether ESV operators should 

automatically cease transmissions if the 

vessel falls below a prescribed speed 

within a prescribed geographic area. 

(b) Applications for ESV operation in 

the 5925–6425 MHz (Earth-to-space) 

band to GSO satellites in the fixedsatellite service must include, in 

addition to the particulars of operation 

identified on Form 312, and associated 

Schedule B, the applicable technical 

demonstrations in paragraphs (b)(1) or 

(b)(2) of this section and the 

documentation identified in paragraphs 

(b)(3) through (b)(5) of this section. 

(1) An ESV applicant proposing to 

implement a transmitter under 

paragraph (a)(1) of this section must 

demonstrate that the transmitter meets 

the off-axis EIRP spectral-density limits 

contained in paragraph (a)(1)(i) of this 

section. To provide this demonstration, 

the application shall include the tables 

described in paragraph (b)(1)(i) of this 

section or the certification described in 

paragraph (b)(1)(ii) of this section. The 

ESV applicant also must provide the 

value N described in paragraph 

(a)(1)(i)(A) of this section. An ESV 

applicant proposing to implement a 

transmitter under paragraph (a)(1)(ii)(A) 

of this section must provide the 

certifications identified in paragraph 

(b)(1)(iii) of this section. An ESV 

applicant proposing to implement a 

transmitter under paragraph (a)(1)(ii)(B) 

of this section must provide the 

demonstrations identified in paragraph 

(b)(1)(iv) of this section. 

(i) Any ESV applicant filing an 

application pursuant to paragraph (a)(1) 

of this section must file three tables 

showing the off-axis EIRP level of the 

proposed earth station antenna in the 

direction of the plane of the GSO; the 

co-polarized EIRP in the elevation 

plane, that is, the plane perpendicular 

to the plane of the GSO; and cross 

polarized EIRP. In each table, the EIRP 

level must be provided at increments of 

0.1° for angles between 0° and 10° offaxis, and at increments of 5° for angles 

between 10° and 180° off-axis. 

(A) For purposes of the off-axis EIRP 

table in the plane of the GSO, the offaxis angle is the angle in degrees from 

the line connecting the focal point of the 

antenna to the orbital position of the 

target satellite, and the plane of the GSO 

is determined by the focal point of the 

antenna and the line tangent to the arc 

of the GSO at the orbital position of the 

target satellite. 

(B) For purposes of the off-axis copolarized EIRP table in the elevation 

plane, the off-axis angle is the angle in 

degrees from the line connecting the 

focal point of the antenna to the orbital 

position of the target satellite, and the 

elevation plane is defined as the plane 

perpendicular to the plane of the GSO 

defined in paragraph (b)(1)(i)(A) of this 

section. 

(C) For purposes of the crosspolarized EIRP table, the off-axis angle 

is the angle in degrees from the line 

connecting the focal point of the 

antenna to the orbital position of the 

target satellite and the plane of the GSO 

as defined in paragraph (b)(1)(i)(A) of 

this section will be used. 

(ii) A certification, in Schedule B, that 

the ESV antenna conforms to the gain 

pattern criteria of § 25.209(a) and (b), 

that, combined with the maximum 

input power density calculated from the 

EIRP density less the antenna gain, 

which is entered in Schedule B, 

demonstrates that the off-axis EIRP 

spectral density envelope set forth in 

paragraphs (a)(1)(i)(A) through 

(a)(1)(i)(C) of this section will be met 

under the assumption that the antenna 

is pointed at the target satellite. 

(iii) An ESV applicant proposing to 

implement a transmitter under 

paragraph (a)(1)(ii)(A) of this section, 

must provide a certification from the 

equipment manufacturer stating that the 

antenna tracking system will maintain a 

pointing error of less than or equal to 

0.2° between the orbital location of the 

target satellite and the axis of the main 

lobe of the ESV antenna and that the 

antenna tracking system is capable of 

ceasing emissions within 100 

milliseconds if the angle between the 

orbital location of the target satellite and 

the axis of the main lobe of the ESV 

antenna exceeds 0.5°. 

(iv) An ESV applicant proposing to 

implement a transmitter under 

paragraph (a)(1)(ii)(B) of this section 

must: 

(A) Declare, in its application, a 

maximum antenna pointing error and 

demonstrate that the maximum antenna 

pointing error can be achieved without 

exceeding the off-axis EIRP spectraldensity limits in paragraph (a)(1)(i) of 

this section; and 

(B) Demonstrate that the ESV 

transmitter can detect if the transmitter 

exceeds the declared maximum antenna 

pointing error and can cease 

transmission within 100 milliseconds if 

the angle between the orbital location of 

the target satellite and the axis of the 

main lobe of the ESV antenna exceeds 

the declared maximum antenna 

pointing error, and will not resume 

transmissions until the angle between 

the orbital location of the target satellite 

and the axis of the main lobe of the ESV 

antenna is less than or equal to the 

declared maximum antenna pointing 

error. 

(2) An ESV applicant proposing to 

implement a transmitter under 

paragraph (a)(2) of this section and 

using off-axis EIRP spectral-densities in 

excess of the levels in paragraph (a)(1)(i) 

of this section shall provide the 

following certifications and 

demonstration as exhibits to its earth 

station application: 

(i) A statement from the target satellite 

operator certifying that the proposed 

operation of the ESV has the potential 

to create harmful interference to satellite 

networks adjacent to the target 

satellite(s) that may be unacceptable. 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 47105 

(ii) A statement from the target 

satellite operator certifying that the 

power-density levels that the ESV 

applicant provided to the target satellite 

operator are consistent with the existing 

coordination agreements between its 

satellite(s) and the adjacent satellite 

systems within 6° of orbital separation 

from its satellite(s). 

(iii) A statement from the target 

satellite operator certifying that it will 

include the power-density levels of the 

ESV applicant in all future coordination 

agreements. 

(iv) A demonstration from the ESV 

operator that the ESV system is capable 

of detecting and automatically ceasing 

emissions within 100 milliseconds 

when the transmitter exceeds the offaxis EIRP spectral-densities supplied to 

the target satellite operator. 

(v) A certification from the ESV 

operator that the ESV system complies 

with the power limits in § 25.204(h). 

(3) There shall be an exhibit included 

with the application describing the 

geographic area(s) in which the ESVs 

will operate. 

(4) The point of contact information 

referred to in paragraph (a)(3) of this 

section and, if applicable, paragraph 

(a)(6) of this section, must be included 

in the application. 

(5) ESVs that exceed the radiation 

guidelines of § 1.1310 of this chapter, 

Radiofrequency radiation exposure 

limits, must provide, with their 

environmental assessment, a plan for 

mitigation of radiation exposure to the 

extent required to meet those 

guidelines. 

■ 4. Section 25.222 is revised to read as 

follows: 

§ 25.222 Blanket Licensing provisions for 

Earth Stations on Vessels (ESVs) receiving 

in the 10.95–11.2 GHz (space-to-Earth), 

11.45–11.7 GHz (space-to-Earth), 11.7–12.2 

GHz (space-to-Earth) frequency bands and 

transmitting in the 14.0–14.5 GHz (Earth-tospace) frequency band, operating with 

Geostationary Orbit (GSO) Satellites in the 

Fixed-Satellite Service. 

(a) The following ongoing 

requirements govern all ESV licensees 

and operations in the 10.95–11.2 GHz 

(space-to-Earth), 11.45–11.7 GHz (spaceto-Earth), 11.7–12.2 GHz (space-toEarth) frequency bands and 14.0–14.5 

GHz (Earth-to-space) bands transmitting 

to GSO satellites in the fixed-satellite 

service. ESV licensees must comply 

with the requirements in either 

paragraph (a)(1) or (a)(2) of this section 

and all of the requirements set forth in 

paragraphs (a)(3) through (a)(7) of this 

section. Paragraph (b) of this section 

identifies items that must be included in 

the application for ESV operations to 

demonstrate that these ongoing 

requirements will be met. 

(1) The following requirements shall 

apply to an ESV that uses transmitters 

with off-axis effective isotropically 

radiated power (EIRP) spectral-densities 

lower than or equal to the levels in 

paragraph (a)(1)(i)(A) of this section. An 

ESV, or ESV system, operating under 

this section shall provide a detailed 

demonstration as described in 

paragraph (b)(1) of this section. The ESV 

transmitter also must comply with the 

antenna pointing and cessation of 

emission requirements in paragraphs 

(a)(1)(ii) and (a)(1)(iii) of this section. 

(i) An ESV system shall not exceed 

the off-axis EIRP spectral-density limits 

and conditions defined in paragraphs 

(a)(1)(i)(A) through (a)(1)(i)(D) of this 

section. 

(A) The off-axis EIRP spectral-density 

emitted from the ESV, in the plane of 

the GSO as it appears at the particular 

earth station location, shall not exceed 

the following values: 

15¥10log(N)¥25logq .................................................................. dBW/4 kHz ............................................ for ............ 1.5° ≤ q ≤ 7° 

¥6 ¥10log(N) .............................................................................. dBW/4 kHz ............................................ for ............ 7° < q ≤ 9.2° 

18 ¥10log(N)¥25logq ................................................................. dBW/4 kHz ............................................ for ............ 9.2° < q ≤ 48° 

¥24 ¥10log(N) ............................................................................ dBW/4 kHz ............................................ for ............ 48° < q ≤ 85° 

¥14 ¥10log(N) ............................................................................ dBW/4 kHz ............................................ for ............ 85° < q ≤ 180° 

Where theta (q) is the angle in degrees 

from the line connecting the focal point 

of the antenna to the orbital location of 

the target satellite, the plane of the GSO 

is determined by the focal point of the 

antenna and the line tangent to the arc 

of the GSO at the orbital location of the 

target satellite. For ESV networks using 

frequency division multiple access 

(FDMA) or time division multiple 

access (TDMA) techniques, N is equal to 

one. For ESV networks using multiple 

co-frequency transmitters that have the 

same EIRP, N is the maximum expected 

number of co-frequency simultaneously 

transmitting ESV earth stations in the 

same satellite receiving beam. For the 

purpose of this section, the peak EIRP 

of an individual sidelobe may not 

exceed the envelope defined above for 

q between 1.5° and 7.0°. For q greater 

than 7.0°, the envelope may be exceeded 

by no more than 10% of the sidelobes, 

provided no individual sidelobe 

exceeds the envelope given above by 

more than 3 dB. 

(B) In all directions other than along 

the GSO, the off-axis EIRP spectraldensity for co-polarized signals emitted 

from the ESV shall not exceed the 

following values: 

18¥10log(N)¥25logq .................................................................. dBW/4 kHz ............................................ for ............ 3.0° ≤ q ≤ 48° 

¥24¥10log(N) ............................................................................. dBW/4 kHz ............................................ for ............ 48° < q ≤ 85° 

¥14¥10log(N) ............................................................................. dBW/4 kHz ............................................ for ............ 85° < q ≤ 180° 

Where q and N are defined in 

paragraph (a)(1)(i)(A) of this section. 

This off-axis EIRP spectral-density 

applies in any plane that includes the 

line connecting the focal point of the 

antenna to the orbital location of the 

target satellite with the exception of the 

plane of the GSO as defined in 

paragraph (a)(1)(i)(A) of this section. For 

the purpose of this section, the envelope 

may be exceeded by no more than 10% 

of the sidelobes provided no individual 

sidelobe exceeds the gain envelope 

given above by more than 6 dB. The 

region of the main reflector spillover 

energy is to be interpreted as a single 

lobe and shall not exceed the envelope 

by more than 6 dB. 

(C) In all directions, the off-axis EIRP 

spectral-density for cross-polarized 

signals emitted from the ESV shall not 

exceed the following values: 

5¥10log(N)¥25logq .................................................................... dBW/4 kHz ............................................ for ............ 1.8° ≤ q ≤ 7.0° 

¥16¥10log(N) ............................................................................. dBW/4 kHz ............................................ for ............ 7.0° < q ≤ 9.2° 


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47106 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 

Where q and N are defined as set forth 

in paragraph (a)(1)(i)(A) of this section. 

This EIRP spectral-density applies in 

any plane that includes the line 

connecting the focal point of the 

antenna to the target satellite. 

(D) For non-circular ESV antennas, 

the major axis of the antenna will be 

aligned with the tangent to the arc of the 

GSO at the orbital location of the target 

satellite, to the extent required to meet 

the specified off-axis EIRP spectraldensity criteria. 

(ii) Each ESV transmitter must meet 

one of the following antenna pointing 

requirements: 

(A) Each ESV transmitter shall 

maintain a pointing error of less than or 

equal to 0.2° between the orbital 

location of the target satellite and the 

axis of the main lobe of the ESV 

antenna, or 

(B) Each ESV transmitter shall declare 

a maximum antenna pointing error that 

may be greater than 0.2° provided that 

the ESV does not exceed the off-axis 

EIRP spectral-density limits in 

paragraph (a)(1)(i) of this section, taking 

into account the antenna pointing error. 

(iii) Each ESV transmitter must meet 

one of the following cessation of 

emission requirements: 

(A) For ESVs operating under 

paragraph (a)(1)(ii)(A) of this section, all 

emissions from the ESV shall 

automatically cease within 100 

milliseconds if the angle between the 

orbital location of the target satellite and 

the axis of the main lobe of the ESV 

antenna exceeds 0.5°, and transmission 

will not resume until such angle is less 

than or equal to 0.2°, or 

(B) For ESV transmitters operating 

under paragraph (a)(1)(ii)(B) of this 

section, all emissions from the ESV 

shall automatically cease within 100 

milliseconds if the angle between the 

orbital location of the target satellite and 

the axis of the main lobe of the ESV 

antenna exceeds the declared maximum 

antenna pointing error and shall not 

resume transmissions until such angle is 

less than or equal to the declared 

maximum antenna pointing error. 

(2) The following requirements shall 

apply to an ESV that uses off-axis EIRP 

spectral-densities in excess of the levels 

in paragraph (a)(1)(i) of this section. An 

ESV, or ESV system, operating under 

this section shall file certifications and 

provide a detailed demonstration as 

described in paragraph (b)(2) of this 

section. 

(i) The ESV shall transmit only to the 

target satellite system(s) referred to in 

the certifications required by paragraph 

(b)(2) of this section. 

(ii) If a good faith agreement cannot be 

reached between the target satellite 

operator and the operator of a future 

satellite that is located within 6 degrees 

longitude of the target satellite, the ESV 

operator shall accept the power-density 

levels that would accommodate that 

adjacent satellite. 

(iii) The ESV shall operate in 

accordance with the off-axis EIRP 

spectral-densities that the ESV supplied 

to the target satellite operator in order 

to obtain the certifications listed in 

paragraph (b)(2) of this section. The ESV 

shall automatically cease emissions 

within 100 milliseconds if the ESV 

transmitter exceeds the off-axis EIRP 

spectral-densities supplied to the target 

satellite operator. 

(3) There shall be a point of contact 

in the United States, with phone 

number and address, available 24 hours 

a day, seven days a week, with authority 

and ability to cease all emissions from 

the ESVs, either directly or through the 

facilities of a U.S. Hub or a Hub located 

in another country with which the 

United States has a bilateral agreement 

that enables such cessation of 

emissions. 

(4) For each ESV transmitter, a record 

of the ship location (i.e., latitude/ 

longitude), transmit frequency, channel 

bandwidth and satellite used shall be 

time annotated and maintained for a 

period of not less than 1 year. Records 

will be recorded at time intervals no 

greater than every 20 minutes while the 

ESV is transmitting. The ESV operator 

will make this data available upon 

request to a coordinator, fixed system 

operator, fixed-satellite system operator, 

NTIA, or the Commission within 24 

hours of the request. 

(5) ESV operators communicating 

with vessels of foreign registry must 

maintain detailed information on each 

vessel’s country of registry and a point 

of contact for the relevant 

administration responsible for licensing 

ESVs. 

(6) ESV operators shall control all 

ESVs by a Hub earth station located in 

the United States, except that an ESV on 

U.S.-registered vessels may operate 

under control of a Hub earth station 

location outside the United States 

provided the ESV operator maintains a 

point of contact within the United 

States that will have the capability and 

authority to cause an ESV on a U.S.- 

registered vessel to cease transmitting if 

necessary. 

(7) In the 10.95–11.2 GHz (space-toEarth) and 11.45–11.7 GHz (space-toEarth) frequency bands ESVs shall not 

claim protection from interference from 

any authorized terrestrial stations to 

which frequencies are either already 

assigned, or may be assigned in the 

future. 

(b) Applications for ESV operation in 

the 14.0–14.5 GHz (Earth-to-space) band 

to GSO satellites in the fixed-satellite 

service must include, in addition to the 

particulars of operation identified on 

Form 312, and associated Schedule B, 

the applicable technical demonstrations 

in paragraphs (b)(1) or (b)(2) of this 

section and the documentation 

identified in paragraphs (b)(3) through 

(b)(5) of this section. 

(1) An ESV applicant proposing to 

implement a transmitter under 

paragraph (a)(1) of this section must 

demonstrate that the transmitter meets 

the off-axis EIRP spectral-density limits 

contained in paragraph (a)(1)(i) of this 

section. To provide this demonstration, 

the application shall include the tables 

described in paragraph (b)(1)(i) of this 

section or the certification described in 

paragraph (b)(1)(ii) of this section. The 

ESV applicant also must provide the 

value N described in paragraph 

(a)(1)(i)(A) of this section. An ESV 

applicant proposing to implement a 

transmitter under paragraph (a)(1)(ii)(A) 

of this section must provide the 

certifications identified in paragraph 

(b)(1)(iii) of this section. An ESV 

applicant proposing to implement a 

transmitter under paragraph (a)(1)(ii)(B) 

of this section must provide the 

demonstrations identified in paragraph 

(b)(1)(iv) of this section. 

(i) Any ESV applicant filing an 

application pursuant to paragraph (a)(1) 

of this section must file three tables 

showing the off-axis EIRP level of the 

proposed earth station antenna in the 

direction of the plane of the GSO; the 

co-polarized EIRP in the elevation 

plane, that is, the plane perpendicular 

to the plane of the GSO; and cross 

polarized EIRP. In each table, the EIRP 

level must be provided at increments of 

0.1° for angles between 0° and 10° offaxis, and at increments of 5° for angles 

between 10° and 180° off-axis. 

(A) For purposes of the off-axis EIRP 

table in the plane of the GSO, the offaxis angle is the angle in degrees from 

the line connecting the focal point of the 

antenna to the orbital location of the 

target satellite, and the plane of the GSO 

is determined by the focal point of the 

antenna and the line tangent to the arc 

of the GSO at the orbital position of the 

target satellite. 

(B) For purposes of the off-axis copolarized EIRP table in the elevation 

plane, the off-axis angle is the angle in 

degrees from the line connecting the 

focal point of the antenna to the orbital 

location of the target satellite, and the 

elevation plane is defined as the plane 

perpendicular to the plane of the GSO 

defined in paragraph (b)(1)(i)(A) of this 

section. 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 47107 

(C) For purposes of the crosspolarized EIRP table, the off-axis angle 

is the angle in degrees from the line 

connecting the focal point of the 

antenna to the orbital location of the 

target satellite and the plane of the GSO 

as defined in paragraph (b)(1)(i)(A) of 

this section will be used. 

(ii) A certification, in Schedule B, that 

the ESV antenna conforms to the gain 

pattern criteria of § 25.209(a) and (b), 

that, combined with the maximum 

input power density calculated from the 

EIRP density less the antenna gain, 

which is entered in Schedule B, 

demonstrates that the off-axis EIRP 

spectral density envelope set forth in 

paragraphs (a)(1)(i)(A) through 

(a)(1)(i)(C) of this section will be met 

under the assumption that the antenna 

is pointed at the target satellite. 

(iii) An ESV applicant proposing to 

implement a transmitter under 

paragraph (a)(1)(ii)(A) of this section, 

must provide a certification from the 

equipment manufacturer stating that the 

antenna tracking system will maintain a 

pointing error of less than or equal to 

0.2ß between the orbital location of the 

target satellite and the axis of the main 

lobe of the ESV antenna and that the 

antenna tracking system is capable of 

ceasing emissions within 100 

milliseconds if the angle between the 

orbital location of the target satellite and 

the axis of the main lobe of the ESV 

antenna exceeds 0.5°. 

(iv) An ESV applicant proposing to 

implement a transmitter under 

paragraph (a)(1)(ii)(B) of this section 

must: 

(A) Declare, in their application, a 

maximum antenna pointing error and 

demonstrate that the maximum antenna 

pointing error can be achieved without 

exceeding the off-axis EIRP spectraldensity limits in paragraph (a)(1)(A) of 

this section; and 

(B) Demonstrate that the ESV 

transmitter can detect if the transmitter 

exceeds the declared maximum antenna 

pointing error and can cease 

transmission within 100 milliseconds if 

the angle between the orbital location of 

the target satellite and the axis of the 

main lobe of the ESV antenna exceeds 

the declared maximum antenna 

pointing error, and will not resume 

transmissions until the angle between 

the orbital location of the target satellite 

and the axis of the main lobe of the ESV 

antenna is less than or equal to the 

declared maximum antenna pointing 

error. 

(2) An ESV applicant proposing to 

implement a transmitter under 

paragraph (a)(2) of this section and 

using off-axis EIRP spectral-densities in 

excess of the levels in paragraph (a)(1)(i) 

of this section shall provide the 

following certifications and 

demonstration as exhibits to its earth 

station application: 

(i) A statement from the target satellite 

operator certifying that the proposed 

operation of the ESV has the potential 

to create harmful interference to satellite 

networks adjacent to the target 

satellite(s) that may be unacceptable. 

(ii) A statement from the target 

satellite operator certifying that the 

power-density levels that the ESV 

applicant provided to the target satellite 

operator are consistent with the existing 

coordination agreements between its 

satellite(s) and the adjacent satellite 

systems within 6° of orbital separation 

from its satellite(s). 

(iii) A statement from the target 

satellite operator certifying that it will 

include the power-density levels of the 

ESV applicant in all future coordination 

agreements. 

(iv) A demonstration from the ESV 

operator that the ESV system is capable 

of detecting and automatically ceasing 

emissions within 100 milliseconds 

when the transmitter exceeds the offaxis EIRP spectral-densities supplied to 

the target satellite operator. 

(3) There shall be an exhibit included 

with the application describing the 

geographic area(s) in which the ESVs 

will operate. 

(4) The point of contact referred to in 

paragraph (a)(3) of this section and, if 

applicable paragraph (a)(6) of this 

section, must be included in the 

application. 

(5) ESVs that exceed the radiation 

guidelines of § 1.1310 of this chapter, 

Radiofrequency radiation exposure 

limits, must provide, with their 

environmental assessment, a plan for 

mitigation of radiation exposure to the 

extent required to meet those 

guidelines. 

(c) Operations of ESVs in the 14.0– 

14.2 GHz (Earth-to-space) frequency 

band within 125 km of the NASA 

TDRSS facilities on Guam (located at 

latitude: 13°36′55′′ N, longitude 

144°51′22′′ E) or White Sands, New 

Mexico (latitude: 32°20′59′′ N, longitude 

106°36′31′′ W and latitude: 32°32′40′′ N, 

longitude 106°36′48′′ W) are subject to 

coordination through the National 

Telecommunications and Information 

Administration (NTIA) Interdepartment 

Radio Advisory Committee (IRAC). 

When NTIA seeks to provide similar 

protection to future TDRSS sites that 

have been coordinated through the 

IRAC Frequency Assignment 

Subcommittee process, NTIA will notify 

the Commission that the site is nearing 

operational status. Upon public notice 

from the Commission, all Ku-band ESV 

operators must cease operations in the 

14.0–14.2 GHz band within 125 km of 

the new TDRSS site until after NTIA/ 

IRAC coordination for the new TDRSS 

facility is complete. ESV operations will 

then again be permitted to operate in the 

14.0–14.2 GHz band within 125 km of 

the new TDRSS site, subject to any 

operational constraints developed in the 

coordination process. 

(d) Operations of ESVs in the 14.47– 

14.5 GHz (Earth-to-space) frequency 

band within (a) 45 km of the radio 

observatory on St. Croix, Virgin Islands 

(latitude 17°46′ N, longitude 64°35′ W); 

(b) 125 km of the radio observatory on 

Mauna Kea, Hawaii (at latitude 19°48′ 

N, longitude 155°28′ W); and (c) 90 km 

of the Arecibo Observatory on Puerto 

Rico (latitude 18°20′46′′ W, longitude 

66°45′11′′ N) are subject to coordination 

through the National 

Telecommunications and Information 

Administration (NTIA) Interdepartment 

Radio Advisory Committee (IRAC). 

■ 5. Section 25.271 is amended by 

revising paragraphs (b) and (c) 

introductory text and by removing 

paragraph (f). 

The revisions read as follows: 

§ 25.271 Control of transmitting stations. 

* * * * * 

(b) The licensee of a transmitting 

earth station licensed under this part 

shall ensure that a trained operator is 

present on the earth station site, or at a 

designated remote control point for the 

earth station, at all times that 

transmissions are being conducted. No 

operator’s license is required for a 

person to operate or perform 

maintenance on facilities authorized 

under this part. 

(c) Authority will be granted to 

operate a transmitting earth station by 

remote control only on the conditions 

that: 

* * * * * 

[FR Doc. E9–22058 Filed 9–14–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 32 

Uniform System of Accounts for 

Telecommunications Companies 

CFR Correction 

In Title 47 of the Code of Federal 

Regulations, Parts 20 to 39, revised as of 

October 1, 2008, on page 415, in 


srobinson on DSKHWCL6B1PROD with RULES