[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Rules and Regulations]
[Pages 47100-47107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22058]


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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.

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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 Sec. Sec.  
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

[[Page 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 
<a href="/cdn-cgi/l/email-protection#9cdff3f1f1f5efeff5f3f2dcfeffecf5ebf9feb2fff3f1"><span class="__cf_email__" data-cfemail="0e4d616363677d7d6761604e6c6d7e67796b6c206d6163">[email protected]</span></a>.

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. spectral-density 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 Sec.  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 Ku-band 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 fixed-satellite transmit/received earth stations authorized 
for use in the C- and Ku-bands. 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 (Ku-band) 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 power-density 
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 Ku-band, we shorten the distance 
from the U.S. coastline within which foreign-registered vessels that 
operate with non-U.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

[[Page 47102]]

revisions, effective October 15, 2009 except for Sec. Sec.  
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

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 25 as follows:

PART 25--SATELLITE COMMUNICATIONS

0
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.


0
2. Section 25.132 is amended by revising paragraph (b)(3) as follows:


Sec.  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 Sec.  25.209(a) and (b), pursuant to 
the procedure set forth in Sec.  25.220, Sec.  25.221, Sec.  25.222, or 
Sec.  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.
* * * * *

0
3. Section 25.221 is revised to read as follows:


Sec.  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) - 25log[thetas]...  dBW/4 kHz............  for................  1.5[deg] <= [thetas] <= 7[deg]
5.3 -10log(N).....................  dBW/4 kHz............  for................  7[deg] < [thetas] <= 9.2[deg]
29.3 -10log(N) - 25log[thetas]....  dBW/4 kHz............  for................  9.2[deg] < [thetas] <= 48[deg]
-12.7 -10log(N)...................  dBW/4 kHz............  for................  48[deg] < [thetas] <= 180[deg]
----------------------------------------------------------------------------------------------------------------


Where theta ([thetas]) 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 [thetas] between 1.5[deg] and 7.0[deg]. For 
[thetas] greater than 7.0[deg], 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 
spectral-density for co-polarized signals emitted from the ESV shall 
not exceed the following values:

[[Page 47103]]



----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
29.3 - 10log(N) - 25log[thetas]...  dBW/4 kHz............  for................  3.0[deg] <= [thetas] <= 48[deg]
-12.7 - 10log(N)..................  dBW/4 kHz............  for................  48[deg] < [thetas] <= 180[deg]
----------------------------------------------------------------------------------------------------------------


Where [thetas] 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) - 25log[thetas]...  dBW/4 kHz............  for................  1.8[deg] <= [thetas] <= 7.0[deg]
-4.7 - 10log(N)...................  dBW/4 kHz............  for................  7.0[deg] < [thetas] <= 9.2[deg]
----------------------------------------------------------------------------------------------------------------


Where [thetas] 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 spectral-density 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[deg] 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[deg] 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[deg], and transmission will not resume until such angle is 
less than or equal to 0.2[deg], 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 Sec.  
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

[[Page 47104]]

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 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[deg] for angles between 0[deg] and 10[deg] off-axis, 
and at increments of 5[deg] for angles between 10[deg] and 180[deg] 
off-axis.
    (A) For purposes of the off-axis EIRP table in the plane of the 
GSO, 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 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 co-polarized 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 cross-polarized 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 Sec.  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[deg] 
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[deg].
    (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 spectral-density 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.

[[Page 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[deg] 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 off-axis 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 Sec.  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 Sec.  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.

0
4. Section 25.222 is revised to read as follows:


Sec.  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-to-space) 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 
(space-to-Earth), 11.7-12.2 GHz (space-to-Earth) 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)-25log[thetas].........  dBW/4 kHz............  for................  1.5[deg] <= [thetas] <= 7[deg]
-6 -10log(N)......................  dBW/4 kHz............  for................  7[deg] < [thetas] <= 9.2[deg]
18 -10log(N)-25log[thetas]........  dBW/4 kHz............  for................  9.2[deg] < [thetas] <= 48[deg]
-24 -10log(N).....................  dBW/4 kHz............  for................  48[deg] < [thetas] <= 85[deg]
-14 -10log(N).....................  dBW/4 kHz............  for................  85[deg] < [thetas] <= 180[deg]
----------------------------------------------------------------------------------------------------------------

    Where theta ([thetas]) 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 [thetas] between 1.5[deg] and 7.0[deg]. 
For [thetas] greater than 7.0[deg], 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 
spectral-density for co-polarized signals emitted from the ESV shall 
not exceed the following values:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
18-10log(N)-25log[thetas].........  dBW/4 kHz............  for................  3.0[deg] <= [thetas] <= 48[deg]
-24-10log(N)......................  dBW/4 kHz............  for................  48[deg] < [thetas] <= 85[deg]
-14-10log(N)......................  dBW/4 kHz............  for................  85[deg] < [thetas] <= 180[deg]
----------------------------------------------------------------------------------------------------------------

    Where [thetas] 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)-25log[thetas]..........  dBW/4 kHz............  for................  1.8[deg] <= [thetas] <= 7.0[deg]
-16-10log(N)......................  dBW/4 kHz............  for................  7.0[deg] < [thetas] <= 9.2[deg]
----------------------------------------------------------------------------------------------------------------


[[Page 47106]]

    Where [thetas] 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 spectral-density 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[deg] 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[deg] 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[deg], and transmission will not resume until such angle is 
less than or equal to 0.2[deg], 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-to-Earth) and 11.45-11.7 GHz 
(space-to-Earth) 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[deg] for angles between 0[deg] and 10[deg] off-axis, 
and at increments of 5[deg] for angles between 10[deg] and 180[deg] 
off-axis.
    (A) For purposes of the off-axis EIRP table in the plane of the 
GSO, 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 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 co-polarized 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.

[[Page 47107]]

    (C) For purposes of the cross-polarized 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 Sec.  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[ordm] 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[deg].
    (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 spectral-density 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[deg] 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 off-axis 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 Sec.  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[deg]36[min]55[sec] N, longitude 
144[deg]51[min]22[sec] E) or White Sands, New Mexico (latitude: 
32[deg]20[min]59[sec] N, longitude 106[deg]36[min]31[sec] W and 
latitude: 32[deg]32[min]40[sec] N, longitude 106[deg]36[min]48[sec] 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[deg]46[min] N, longitude 64[deg]35[min] W); 
(b) 125 km of the radio observatory on Mauna Kea, Hawaii (at latitude 
19[deg]48[min] N, longitude 155[deg]28[min] W); and (c) 90 km of the 
Arecibo Observatory on Puerto Rico (latitude 18[deg]20[min]46[sec] W, 
longitude 66[deg]45[min]11[sec] N) are subject to coordination through 
the National Telecommunications and Information Administration (NTIA) 
Interdepartment Radio Advisory Committee (IRAC).

0
5. Section 25.271 is amended by revising paragraphs (b) and (c) 
introductory text and by removing paragraph (f).
    The revisions read as follows:


Sec.  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


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