Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Rules and Regulations 50425 

State and county Location and case 

No. 

Date and name of newspaper 

where notice was published 

Chief executive 

officer of community 

Effective date 

of modification 

Community 

No. 

Buncombe ........ Unincorporated 

areas of Buncombe County, 

(10–04–2274P).

May 13, 2011; May 20, 2011; 

The Asheville Citizen-Times.

Ms. Wanda Greene, Buncombe County 

Manager, 205 College Street, Suite 

300, Asheville, NC 28801.

September 19, 2011 ....... 370031 

Davidson .......... Unincorporated 

areas of Davidson 

County, (10–04– 

3473P).

May 6, 2011; May 13, 2011; 

The High Point Enterprise.

Mr. Robert Hyatt, Davidson County Manager, 913 Greensboro Street, Lexington, NC 27292.September 12, 2011 ....... 370307 

Guilford ............. City of High Point, 

(10–04–3473P).

May 6, 2011; May 13, 2011; 

The High Point Enterprise.

The Honorable Rebecca R. Smothers, 

Mayor, City of High Point, P.O. Box 

230, 211 South Hamilton Street, High 

Point, NC 27261.

September 12, 2011 ....... 370113 

Madison ............ Unincorporated 

areas of Madison 

County, (10–04– 

8485P).

March 30, 2011; April 6, 2011; 

The News-Record & Sentinel.

Mr. Steve Garrison, Madison County 

Manager, P.O. Box 579, Marshall, NC 

28753.

August 4, 2011 ............... 370152 

Texas: Denton City of Lewisville, 

(10–06–3039P).

May 26, 2011; June 2, 2011; 

The Denton Record-Chronicle.

The Honorable Dean Ueckert, Mayor, City 

of Lewisville, 151 West Church Street, 

Lewisville, TX 75029.

June 20, 2011 ................ 480195 

Utah: Salt Lake City of West Jordan, 

(11–08–0575P).

April 29, 2011; May 6, 2011; 

The Salt Lake Tribune.

The Honorable Melissa K. Johnson, 

Mayor, City of West Jordan, 8000 

South Redwood Road, West Jordan, 

UT 84088.

April 25, 2011 ................. 490108 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: July 29, 2011. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2011–20716 Filed 8–12–11; 8:45 am] 

BILLING CODE 9110–12–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 25 

[IB Docket No. 06–123; FCC 11–93] 

Service Rules and Policies for the 

Broadcasting Satellite Service (BSS) 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission adopts 

rules to mitigate space path interference 

between the 17/24 GHz BroadcastingSatellite Service (BSS) space-to-Earth 

transmissions and the feeder link 

receiving antennas of Direct Broadcast 

Satellite Service (DBS) space stations 

that operate in the same frequency band. 

We adopt an off-axis power flux density 

(pfd) coordination trigger for 17/24 GHz 

BSS space stations. We also require a 

minimum orbital separation of 0.2 

degrees between 17/24 GHz BSS space 

stations and DBS space stations. We 

place bounds on orbital eccentricity and 

inclination of 17/24 GHz BSS space 

stations and condition the protection of 

DBS networks to certain assumed limits 

on eccentricity and inclination. By these 

actions, we facilitate the introduction of 

the 17/24 GHz BSS and anticipate that 

it will provide new and innovative 

services, including video, audio, data, 

and video-on-demand, to consumers in 

the United States and promote increased 

competition among satellite and 

terrestrial services. 

We revised our informational 

requirements to require 17/24 GHz BSS 

space station applicants to file pfd 

calculations (and if the pfd coordination 

trigger is exceeded, to file coordination 

information), and to file predicted and 

measured transmitting antenna off-axis 

gain information. We also require both 

17/24 GHz BSS applicants and DBS 

applicants to file maximum orbital 

eccentricity information with their 

application. Finally, we adopt 

procedures to enable pending applicants 

and existing authorization holders to 

file relevant information related to these 

rules. 

DATES: Effective September 14, 2011, 

except §§ 25.114(d)(15)(iv), 

25.114(d)(18), 25.264(a), (b), (c), (d) and 

(f), of the Commission’s rules. These 

requirements contained herein are 

subject to the Paperwork Reduction Act 

(PRA) and have not been approved by 

the Office of Management and Budget 

(OMB). The Commission will publish a 

document in the Federal Register 

announcing the effective date of these 

requirements. 

FOR FURTHER INFORMATION CONTACT: 

Lynne Montgomery, Satellite Division, 

International Bureau, at 202–418–2229 

or via e-mail at 

Lynne.Montgomery@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Second Order on 

Reconsideration in IB Docket No. 06– 

123, FCC 11–93, adopted June 8, 2011 

and released June 14, 2011. The full text 

of the Second Order on Reconsideration 

is available for public inspection and 

copying during regular business hours 

at the FCC Reference Information 

Center, Portals II, 445 12th Street, SW., 

Room CY–A257, Washington, DC 20554. 

This document may also be purchased 

from the Commission’s duplicating 

contractor, Best Copy and Printing, Inc., 

Portals II, 445 12th Street, SW., Room 

CY–B402, Washington, DC 20554, 

telephone 202–488–5300, facsimile 

202–488–5563, or via e-mail 

FCC@BCPIWEB.com. When ordering 

documents from BCPI please provide 

the appropriate FCC document number 

(for example, FCC 07–174, Order on 

Reconsideration). The full text may also 

be downloaded at: http://www.fcc.gov. 

Alternative formats are available to 

person with disabilities by sending an email to fcc504@fcc.gov or call the 

Consider & Governmental Affairs 

Bureau at 202–418–0530 (voice), or 

202–418–0432 (tty). 

Synopsis 

1. We adopt an off-axis power flux 

density (pfd) coordination trigger for 17/ 

24 GHz BSS space stations, require a 

minimum orbital separation of 0.2° 

between 17/24 GHz BSS space stations 

and DBS space stations, and place 

bounds on orbital inclination and 

eccentricity of 17/24 GHz BSS space 

stations. We also revise our 

informational requirements to require 

17/24 GHz BSS space station applicants 

to file predicted and measured 

transmitting antenna off-axis gain 

information. Finally, we adopt 

procedures to enable pending applicants 

and existing authorization holders to 


srobinson on DSK4SPTVN1PROD with RULES
50426 Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Rules and Regulations 

file relevant information related to these 

rules. By these actions, we facilitate the 

introduction of the 17/24 GHz BSS and 

anticipate that it will provide new and 

innovative services, including video, 

audio, data, and video-on-demand, to 

consumers in the United States and 

promote increased competition among 

satellite and terrestrial services. 

2. Off-Axis Power Flux Density 

Coordination Trigger. We adopt an offaxis pfd trigger level of ¥117 dBW/m2/ 

100 kHz at the receiving antenna of any 

licensed U.S. DBS space station, any 

foreign DBS space station authorized to 

provide service in the United States, 

and any DBS space station proposed in 

a previously filed application for a U.S. 

license or U.S. market access. We also 

recognize that, at some orbital locations, 

a particular DBS or 17/24 GHz BSS 

network may not be authorized to 

operate throughout the entire 17.3–17.8 

GHz band. Thus, we make clear that this 

coordination requirement applies only 

in the case of co-frequency operations 

between the DBS network and the 17/ 

24 GHz BSS network. We will require 

each 17/24 GHz BSS applicant to 

identify all relevant DBS networks for 

which the off-axis pfd coordination 

trigger is exceeded. The off-axis pfd 

level should be determined for all 

transmitting beams in the 17.3–17.8 

GHz band, over both polarizations, and 

at a minimum must take into account 

three key factors: (1) The power level 

delivered into the 17 GHz transmitting 

antenna; (2) the off-axis gain of the 17 

GHz transmitting antenna in the 

direction of the DBS space station; and 

(3) the particular geometric 

configuration between the 17/24 GHz 

BSS and DBS space stations. 

3. No Separate Trigger for DBS 

Telecommand Transmissions. The pfd 

coordination trigger value that we are 

adopting here, in combination with the 

narrower measurement bandwidth of 

100 kHz, provide sufficient protection to 

DBS telecommand links. The associated 

information showings and the 

requirement to coordinate in cases 

where the pfd of the 17/24 GHz BSS 

downlink signal at the adjacent DBS 

space station is in excess of the 

coordination trigger level will afford the 

DBS operator sufficient opportunity for 

detailed examination of the effect of the 

17/24 GHz BSS downlink transmissions 

on its telecommand links, and a 

mechanism to remedy the situation if it 

is deemed necessary. Accordingly, we 

do not adopt a technical showing 

specific to DBS telecommand links but 

instead rely upon the off-axis pfd 

coordination trigger adopted above. 

4. Required Angular Ranges for 

Antenna Off-Axis Gain Data. Small 

variations in satellite orbital eccentricity 

and inclination can produce significant 

variation in the geometry occurring 

between two adjacent spacecraft, 

particularly as the separation between 

those spacecraft decreases. Interspacecraft geometry is generally more 

sensitive to variations in orbital 

inclination than to variations in 

eccentricity, when typical values for 

these parameters are taken into account. 

5. A review of the orbital parameters 

of operating DBS space stations reveals 

that the largest orbital apogee-perigee 

variation is 26.3 km. Thus, the 

measurement range of ± 30° from the X 

axis in the X–Z plane proposed by 

DIRECTV should be sufficient to 

address cases where the 17/24 GHz BSS 

space station is operating with a nonbiased configuration (i.e., lying in the 

X–Z plane and pointed toward the Earth 

along the Z axis) and is separated in 

longitude from an adjacent DBS 

spacecraft by as little as 0.1°. 

6. Similarly, a review of DBS orbital 

parameters indicates that most currently 

operating DBS satellites are stationkept 

in the north/south direction to within 

0.075° of the equatorial plane. A similar 

north-south stationkeeping tolerance for 

a nearby 17/24 GHz BSS space station 

will yield a worst-case total inclination 

separation of 0.15° between the two 

space stations. If we were to adopt a 

±20° range for measurements in planes 

rotated about the Z axis, as proposed by 

DIRECTV, the submitted transmitting 

antenna off-axis gain data would cover 

cases in which DBS and 17/24 GHz BSS 

spacecraft could be located as close as 

0.45° in longitude along the GSO arc. 

Allowing for a worst-case inclination 

separation of 0.15° between the two 

space stations, a ±60° angular range of 

measurements made in planes rotated 

about the Z axis, as proposed by 

EchoStar, would cover space station 

longitudinal separations as closely 

spaced as 0.1°. 

7. In specifying the angular ranges 

over which transmitting antenna off-axis 

gain data must be provided, we attempt 

to strike a balance among competing, 

but inter-related factors. Specifically, we 

seek to provide operators with the 

flexibility to locate at small orbital 

separations while adopting data 

submission requirements that are within 

ranges considered to be reasonable by 

commenters. Simultaneously, we seek 

to provide sufficient flexibility to 

accommodate typical operating 

variations in orbital inclination and 

eccentricity. Thus, we believe that 

transmitting antenna off-axis gain 

measurements made over a range of ± 

30° from the X axis in the X–Z plane, 

and over a range of ±60° in planes 

rotated about the Z axis, should permit 

accurate off-axis pfd information to be 

calculated for 17/24 GHz BSS space 

stations separated in longitude by as 

little as 0.1° from DBS space stations. 

EchoStar has advocated extending the 

measurement range to include a full 

±120° in the X–Z plane. We do not 

believe, however, that the rationale 

offered by EchoStar justifies adopting a 

requirement for such a large quantity of 

measured data. We do, however, concur 

with EchoStar’s assertion that the 

antenna gain data in the X–Z plane 

should be measured in 5° rather than 

10° increments in light of the potential 

gain variation within a 10° span. 

Accordingly, we will require 17/24 GHz 

BSS applicants to submit transmitting 

antenna off-axis gain information in 

both polarizations in the X–Z plane over 

an angular range of ± 30° from the 

positive and the negative X axes, at 5° 

intervals, and through a range of ±60° in 

planes rotated from the X–Z plane about 

the Z axis at 10° intervals. 

8. We note that antenna off-axis gain 

is a frequency dependent parameter, 

and performance characteristics will not 

be identical when measured at different 

frequencies within the 17.3–17.8 GHz 

band. Although commenters were in 

general agreement regarding the need to 

provide transmitting antenna off-axis 

gain data within the 17.3–17.8 GHz 

band, no commenter provided input 

regarding the granularity of the 

frequency steps at which gain 

measurements should be made. In order 

to adequately characterize the off-axis 

gain performance of the 17 GHz 

transmitting antennas, but without 

unduly burdening the applicant, we will 

require that off-axis antenna gain 

measurements be made at a minimum of 

three frequencies. These frequencies 

should be determined with respect to 

the entire portion of the 17.3–17.8 GHz 

frequency band over which the space 

station is designed to transmit. 

Accordingly, at a minimum, 

transmitting antenna off-axis gain 

measurements should be made at the 

following three frequencies: 5 MHz 

above the lower edge of the band; at the 

band center frequency; and 5 MHz 

below the upper edge of the band. 

9. The transmitting antenna off-axis 

gain data submission requirements 

discussed above are suitable for a space 

station that is operating with a nonbiased orientation. As DIRECTV 

correctly points out, however, a space 

station eventually may be operated at a 

location different from the one where it 

was originally designed to operate. As a 

consequence, it may be rotated relative 

to the reference coordinate system in 

order to achieve the desired service area 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Rules and Regulations 50427 

coverage. DIRECTV suggests that the 

interference analysis for such scenarios 

could be best accomplished if the 

information requirements we adopt take 

such an eventuality into account, and 

recommends that sufficient data be 

provided by the applicant to permit 

evaluation of potential interference in 

such instances. Specifically, DIRECTV 

suggests that applicants should provide 

sufficient data to allow for interference 

analysis when the satellite is biased up 

to ± 30° in the X–Z plane, and up to ± 

20° in planes rotated about the Z axis. 

10. We agree with DIRECTV that 

satellite bias must be taken into account 

in antenna off-axis performance 

information. We find, however, that the 

range of bias proposed by DIRECTV is 

overly large. Rather than presume a 

likely maximum bias and encumber all 

17/24 GHz BSS applicants with 

information submission requirements 

intended to address this possible 

situation, we believe that a more 

reasonable approach is to require the 

applicant to take into account any 

anticipated satellite bias. Thus, we will 

require that 17/24 GHz BSS applicants 

submit transmitting antenna off-axis 

performance information to cover the 

specified angular measurement ranges 

that will account for planned bias 

relative to the reference coordinate 

system. Therefore, depending upon the 

direction and magnitude of the planned 

bias, the applicant must determine 

whether measurements must be taken 

over a greater angular range—when 

compared with the angular range over 

which measurement is required for a 

space station operating with zero bias— 

to accommodate any change of 

operating orientation. The applicant 

must submit its antenna performance 

measurements over this expanded 

angular range, and must explain its 

rationale for doing so, and indicate the 

planned spacecraft orientation bias in 

its application. 

11. In addition, a 17/24 GHz BSS 

operator seeking to relocate a space 

station must include in its relocation 

application a discussion of any planned 

spacecraft orientation bias and, if 

necessary, submit additional 

transmitting antenna off-axis gain 

information to take into account such 

biased orientation. We note that if an 

operator is unable to provide this 

additional data, the Commission may be 

prevented from taking a favorable action 

on the operator’s proposed 

modification. Thus, we caution 17/24 

GHz BSS applicants that it is their 

responsibility to anticipate the 

possibility of future changes in 

operating orientation. Thus, while 

initial antenna performance information 

may be required over a particular 

angular range, applicants might 

consider measuring the antenna 

performance over a larger range, so that 

the antenna off-axis performance 

information will be available in the 

event the operator seeks a change in 

operating orientation at some point in 

the future. 

12. Minimum Orbital Separation 

Requirement of 0.2° Adopted. Small 

variations in satellite orbital eccentricity 

and inclination can produce significant 

variation in the geometry occurring 

between two adjacent spacecraft, 

particularly as the separation between 

those spacecraft decreases. The off-axis 

pfd coordination trigger and consequent 

transmitting antenna off-axis 

performance submission requirements 

are based on analyses that sought to 

accommodate typical operating 

variations in orbital inclination and 

eccentricity, while simultaneously 

permitting close orbital separation, and 

while maintaining information 

measurement requirements within 

ranges asserted to be reasonable by the 

commenters. Our analysis determined 

that these conditions could best be met 

with a minimum longitudinal 

separation of 0.1° between the DBS and 

17/24 GHz BSS spacecraft. In the event 

of smaller longitudinal separations, 

critical assumptions regarding the value 

chosen for the coordination trigger and 

the ranges of transmitting antenna offaxis gain information would no longer 

be valid. Accordingly, to maintain a 

longitudinal separation of 0.1° between 

DBS and 17/24 GHz BSS space stations 

at all times, and taking into account the 

east/west stationkeeping tolerance of 

0.05°, we will require a minimum 

orbital separation of 0.2° between the 

assigned locations of 17/24 GHz BSS 

and DBS space stations, absent an 

explicit agreement between the two 

licensees to permit closer operations. 

13. Bounds on Orbital Inclination and 

Eccentricity. The range of transmitting 

antenna off-axis gain measurement 

defined above assumes that the orbits of 

the DBS and 17/24 GHz BSS space 

stations do not exceed certain worstcase values of orbital eccentricity or 

orbital inclination. To ensure that the 

geometric assumptions underlying our 

antenna off-axis angular measurement 

requirements are valid, some bound 

must be placed on the orbital 

eccentricity and orbital inclination of 

both 17/24 GHz BSS and DBS space 

stations. Of these two parameters, the 

geometry between the two spacecraft is 

most affected by variations in orbital 

inclination. The Commission’s rules do 

not explicitly specify a stationkeeping 

limit in the north/south direction. 

Rather, our rules permit satellite 

operators to cease north/south 

stationkeeping maneuvers for the 

satellite as long as such operations do 

not increase interference. Specifically, 

our rules require that while a satellite is 

in inclined orbit, operators must 

maintain the interference levels 

experienced by adjacent satellites at 

levels that do not exceed those that 

would be caused by the satellite 

operating without an orbital inclination. 

At present, our rules also preclude 

licensees operating in inclined orbit 

from claiming protection from 

interference in excess of that which they 

would receive in the absence of inclined 

operations. 

14. We anticipate that most DBS and 

17/24 GHz BSS satellites will typically 

operate with orbits that are not highly 

inclined, in large part to avoid the need 

for satellite-tracking earth stations. In 

the reverse-band sharing environment, 

however, where space path interference 

occurring between two networks can be 

significantly influenced by relatively 

small variations in orbital inclination, 

we believe that more specificity 

regarding angular inclination is 

required. To ensure that the 17/24 GHz 

BSS space station remains within the 

range of locations relative to the DBS 

space station that is assumed by our 

angular measurement requirements, a 

maximum permissible orbital 

inclination must be established. 

Accordingly, we will require that 

operating 17/24 GHz BSS space stations 

be maintained in orbits that do not 

exceed 0.075° of inclination. Similarly, 

we will protect DBS networks from 

space path interference from nearby 17/ 

24 GHz BSS networks only to the extent 

that the DBS space station is maintained 

in an orbit with an inclination less than 

0.075°. 

15. The 30° angular off-axis gain 

information in the X–Z plane assumes 

that at a longitudinal separation of 0.1° 

there will be no more than 40 km 

difference in the apogee and perigee 

values of the two adjacent spacecraft. 

Presuming that this difference can be 

equally distributed between the DBS 

and 17/24 GHz BSS space stations, we 

will require that 17/24 GHz BSS space 

stations be maintained in orbits whose 

orbital altitude does not exceed 35,806 

km or fall below 35,766 km above the 

Earth’s surface when transmitting 17/24 

GHz BSS service-link signals. Similarly, 

we will protect DBS networks operating 

in the geostationary orbit from space 

path interference from nearby 17/24 

GHz BSS networks only to the extent 

that the DBS space station orbit is 

maintained within these same 

maximum and minimum altitude 


srobinson on DSK4SPTVN1PROD with RULES
50428 Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Rules and Regulations 

values. While our rules permit DBS 

operators to operate in orbits with 

higher inclination or eccentricity values, 

it is the responsibility of the DBS 

operator exceeding these inclination or 

eccentricity values to assess the 

potential for interference from nearby 

17/24 GHz BSS systems, and to accept 

any such additional interference arising 

as a result of its inclined or eccentric 

operations. To best facilitate the 

calculation of potential off-axis 

interference between 17/24 GHz BSS 

and DBS space stations, in addition to 

the east/west and north/south 

stationkeeping information already 

required, we will require applicants in 

both services to provide predicted 

maximum orbital eccentricity values 

with their applications. We adopt these 

limits on orbital eccentricity and orbital 

inclination as a logical outgrowth to the 

off-axis pfd coordination trigger and the 

transmitting antenna off-axis gain 

information requirements adopted in 

this order. 

16. Two-Part Submission Process for 

Antenna Off-Axis Gain Data. All 17/24 

GHz BSS applicants are required to 

provide transmitting antenna off-axis 

gain information. In cases where the 17/ 

24 GHz BSS operator seeks to operate 

near an established DBS satellite, the 

transmitting antenna off-axis gain 

information for the 17 GHz transmitting 

antenna needs to be available to 

determine whether the 17/24 GHz BSS 

network will cause harmful interference 

into the existing DBS system. It also 

must be available for the benefit of DBS 

operators who may eventually seek to 

launch replacement satellites at that 

same location. Absent additional 

information, we cannot determine how 

far apart two space stations must be in 

order to conclude that interference will 

not occur. 

17. In addition, it is possible that 

future new entrants may seek to operate 

at locations that are not designated in 

the Region 2 BSS and Feeder Link 

Plans, but that are in the vicinity of 

established 17/24 GHz BSS space 

stations. Thus, we believe that the offaxis gain information of the transmitting 

17 GHz band antennas should be 

publicly available at all locations so that 

such future DBS operators can make the 

appropriate system design decisions 

necessary to avoid receiving harmful 

interference from an established 17/24 

GHz BSS space station. The time 

between filing an application and 

launch of the space station can span 

several years, during which time 

applicants seeking to operate at 

locations other than established U.S. 

DBS cluster locations would have no 

access to any type of 17/24 GHz BSS 

antenna performance information upon 

which to base their choice of orbital 

location and other system design 

decisions. Moreover, although at present 

we have little empirical experience with 

predicting the off-axis gain performance 

characteristics of 17/24 GHz BSS space 

station transmitting antennas in the 

17.3–17.8 GHz band, it is our 

expectation that as familiarity with such 

systems and the associated analysis 

increases, we may place more 

confidence in the predicted 

characteristics. Accordingly, it is 

conceivable that in the future, operators 

may come to rely with increased 

certainty upon the results of predicted 

information, thereby lessening the need 

to wait for measured data as 

confirmation. 

18. We believe that the general twopart approach best addresses the need to 

make some degree of information 

publicly available at the time of 

application, while simultaneously 

recognizing that the most accurate 

antenna characterization will not be 

available until space station 

construction is nearly complete. We also 

agree that measured antenna data 

should be submitted no later than 9 

months prior to launch. We believe that 

requiring measured data no later than 9 

months prior to launch best balances the 

interests of all parties, by providing the 

Commission and potentially affected 

DBS operators sufficient time to review 

the information and to carry out any 

necessary coordination, while 

maximizing the time in which space 

station operator’s have to design, 

construct and test the antennas. We 

recognize, however, that requiring 

licensees to submit measured data no 

later than 9 months prior to launch can 

create a situation in which the 

interference environment in the vicinity 

of the 17/24 GHz BSS space station will 

not be well characterized until the 

antenna is built and operational—which 

could be several years after the 

predicted data is submitted. This level 

of uncertainty is not acceptable for 

subsequent DBS applicants seeking to 

locate nearby, and is particularly 

problematic when the 17/24 GHz BSS 

station locates near or within an existing 

DBS cluster. Accordingly, we seek an 

approach that will best balance the 

needs of both services by providing a 

reasonable degree of certainty to the 

DBS operator with regard to interference 

levels, while simultaneously permitting 

the 17/24 GHz BSS operator the 

flexibility to design and build its 

antenna. 

19. To achieve these goals, we adopt 

the following approach. We will require 

all 17/24 GHz BSS applicants to submit 

with their applications predicted 

transmitting antenna off-axis gain 

information over the angular ranges 

described above. Applicants must 

provide pfd calculations that, on the 

basis of this predicted antenna gain 

data, (1) identify all prior-filed DBS 

networks at whose location that the 

applicant’s pfd level exceeds the 

coordination trigger of ¥117 dBW/m2/ 

100 kHz; and (2) demonstrate to what 

extent the coordination trigger value is 

exceeded. If the applicant exceeds the 

coordination trigger at any prior-filed 

DBS location, the applicant must also 

provide certification that all affected 

DBS operators acknowledge and do not 

object to the applicant’s higher off-axis 

pfd levels. Although we will not require 

17/24 GHz BSS applicants to submit the 

details of the analytical model used to 

generate the predicted antenna 

performance data, applicants should be 

prepared to provide this information 

upon our request. 

20. Further, at least 9 months prior to 

launch, we will require the 17/24 GHz 

BSS licensee to confirm the predicted 

data by submitting measured off-axis 

antenna gain information over the same 

angular ranges described above. Because 

the presence of the spacecraft body can 

significantly affect the off-axis antenna 

gain pattern, to the extent practical 

these measurements should be made 

under conditions as close to flight 

configuration as possible. This could be 

done with the antenna mounted on the 

spacecraft or may include the use of 

simulated spacecraft components. In 

addition, we require the licensee to: (1) 

Demonstrate that the pfd level at any 

prior-filed DBS space station does not 

exceed the coordination trigger of ¥117 

dBW/m2/100 kHz; or (2) demonstrate to 

what extent the coordination trigger is 

exceeded at any DBS space station 

location. Where the pfd coordination 

trigger is exceeded, the licensee must 

provide a certification that all affected 

DBS operators acknowledge and do not 

object to the applicant’s higher off-axis 

pfd levels. 

21. We recognize that there is likely 

to be a number of years between the 

filing of the initial application 

containing the predicted off-axis 

antenna gain information and the filing 

of the measured data based upon testing 

of the actual antenna. This could lead to 

the situation in which a DBS applicant 

files an application after the 17/24 GHz 

BSS operator submits predicted data for 

its antenna, but before the 17/24 GHz 

BSS licensee submits the measured 

data. In such a case, the DBS applicant 

could choose an orbital location and 

system parameters for its DBS system 

that are optimized for an environment 


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Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Rules and Regulations 50429 

defined by the 17/24 GHz BSS antenna’s 

predicted parameters, but not for its 

actual measured parameters. To provide 

some protection for DBS systems in 

these circumstances, we will also 

require that the 17/24 GHz BSS licensee 

provide its measured data and 

accompanying pfd calculations not only 

with respect to DBS satellites that were 

filed prior to the time it submitted its 

original application, but also with 

respect to any subsequently-filed DBS 

networks. 

22. In the event that the pfd level at 

any prior-filed or subsequently-filed 

DBS space station determined from the 

measured off-axis antenna gain 

information exceeds that determined 

from the earlier predicted data, the 17/ 

24 GHz BSS licensee must modify its 

license (or amend its application, as 

appropriate) based upon this new 

information. Further, if the pfd level 

exceeds the coordination trigger value of 

¥117 dBW/m2/100 kHz at the antenna 

of any prior-filed DBS space station, the 

17/24 GHz BSS licensee must either 

modify its operations or coordinate its 

operations with each affected prior-filed 

DBS licensee or applicant. In the event 

that coordination is not achieved with 

the prior-filed DBS space station 

operators, the 17/24 GHz BSS pfd levels 

must be reduced to conform to the 

coordination trigger value of ¥117 

dBW/m2/100 kHz at the DBS location. 

In the case of subsequently-filed DBS 

space stations, the 17/24 GHz BSS 

applicant/licensee must coordinate or 

modify its operations only if the pfd 

levels at the location of the 

subsequently-filed DBS space station 

calculated from the measured data, 

exceed both the trigger level of ¥117 

dBW/m2/100 kHz, and the pfd levels 

that can be calculated on the basis of the 

predicted off-axis antenna gain data. In 

such instances, the 17/24 GHz BSS 

operator must either modify its 

operations to conform to: (1) The ¥117 

dBW/m2/100 kHz coordination trigger 

level, or (2) the off-axis pfd level at the 

victim DBS space station that can be 

calculated on the basis of the predicted 

off-axis antenna gain data that were on 

file with the Commission at the time the 

DBS application was filed, whichever is 

greater. 

23. Where measured pfd levels exceed 

those predicted, and the 17/24 GHz BSS 

licensee is required to coordinate its 

operations under the above mentioned 

circumstances, the 17/24 GHz BSS 

licensee must provide certification that 

all affected DBS licensees acknowledge 

and do not object to the higher off-axis 

pfd levels. If the 17/24 GHz BSS 

licensee cannot coordinate (or does not 

wish to coordinate) its operations with 

affected DBS systems, it must instead 

adjust its operating parameters (e.g., 

power levels, orbital location) so that 

the required pfd level is not exceeded. 

We wish to make clear to 17/24 GHz 

BSS applicants and operators that they 

assume the risk that any required 

adjustments may affect the 17/24 GHz 

BSS system’s technical and economic 

viability. 

24. Procedures in the Event of 

Harmful Interference. Our experience 

with reverse band operations—and 

particularly with reverse-band 

operations involving close-proximity 

space stations—is extremely limited. 

Further, as commenters have indicated, 

the off-axis receiving antenna 

performance characteristics of currently 

operating DBS satellites may not be 

documented. As both EchoStar and 

DIRECTV remind the Commission, there 

are millions of American consumers 

who depend upon DBS transmissions. 

The Commission’s Part 25 rules 

currently include several requirements 

that address harmful interference 

events. Thus, while we do not adopt a 

service-specific rule regarding cessation 

of emissions, we remind operators that 

our existing rules apply to 17/24 GHz 

BSS. 

25. Further, while we do not adopt 

service-specific rules regarding the 

cessation of emissions, our licensing 

process provides an opportunity to 

address this issue. While it is our 

intention that bounding the antenna offaxis pfd levels will ultimately provide 

the best mechanism for mitigating space 

path interference, its efficacy depends 

upon sufficient knowledge of the 

coordination situation between both 

space stations. Until such information 

can be better established for DBS 

receiving antennas, we believe that 

affording DBS operators the opportunity 

to raise concerns during the licensing 

process provides the best temporary 

remedy. Specifically, we believe that 

DBS operators are uniquely positioned 

to provide useful data regarding what 

level of interference would be 

sufficiently detrimental to their 

operations taking into account the 

distinct circumstances present at the 

orbital location and to provide this 

information to the Commission. Thus, 

we remain open to the possibility of 

placing additional operating constraints 

on a 17/24 GHz BSS space station 

seeking to operate in close proximity 

(i.e., within 0.4°) to a U.S.-authorized 

DBS space station that was placed into 

service at its current location prior to 

the release date of this Order. The 0.4° 

distance is a useful threshold within 

which we would remain open to 

additional licensing conditions and is 

based upon the comments and analysis 

in the ITU document provided by 

DIRECTV who, in discussing an orbital 

separation approach to space path 

interference mitigation, encourages the 

Commission to adopt a conservative 

orbital separation of 0.4°. Any such 

additional licensing conditions would 

be determined on a case-by-case basis, 

and would address the conditions under 

which the 17/24 GHz BSS operator 

would be required to modify or 

terminate its transmissions. DBS 

operators bear the burden of timely 

requesting and fully justifying any such 

additional conditions or requirements 

through the public notice and comment 

process. 

26. Where the Bureau has determined 

that a DBS operator has timely 

requested and fully justified inclusion 

of additional conditions on the grant of 

a 17/24 GHz BSS application, the 

Bureau should narrowly tailor the relief 

granted. Specifically, the conditions 

placed on the 17/24 GHz BSS operations 

should be limited to protecting U.S.- 

authorized DBS space stations (or nonU.S. authorized DBS space station 

granted market access to the United 

States) that were placed into service at 

their assigned location prior to the 

release date of this Order, and that are 

separated by 0.4° or less from the 17/24 

GHz BSS space station. In these cases, 

the condition placed on the 17/24 GHz 

BSS operator would terminate if the 

DBS space station is relocated to a new 

orbital location regardless of whether 

that new location is within 0.4° of a 

current or planned 17/24 GHz BSS 

space station. The condition would also 

terminate at the end of the license term 

for the DBS space station at issue. We 

believe that in the short-term, when 

used as a temporary measure in 

combination with our other rules, this 

approach will provide the most effective 

means of balancing the competing needs 

of both services. 

27. At present, U.S.-licensed DBS 

space stations and non-U.S. licensed 

DBS space stations granted market 

access to the United States are operating 

at only a small number of orbital 

locations. We have authorized 17/24 

GHz BSS space stations to operate 

within 0.4° of a DBS space station at 

only one of these locations (i.e., 110° 

W.L.), and one pending application 

seeks authority to operate within 0.4° of 

a DBS space station. For this reason, we 

believe that instances of unforeseen 

harmful interference will be exceedingly 

rare. Moreover, complete cessation of 

emissions is an extreme remedy. For the 

rare interference event, it will likely be 

sufficient for the 17/24 GHz BSS 

operator to correct the problem with 


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50430 Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Rules and Regulations 

more moderate measures such as 

reducing its transmitted power levels or 

redistributing its transponder loading. 

As required by our existing rules, 17/24 

GHz BSS operators are required to 

coordinate their operations carefully 

with adjacent DBS systems prior to 

launch. Further, we strongly encourage, 

but do not mandate, 17/24 GHz BSS 

operators to undertake cooperative onstation testing prior to commencing full 

operations, so that any potential 

interference problems between the 17/ 

24 GHz BSS and DBS systems can be 

identified and mitigated at an early 

stage. 

28. Procedures for Pending 

Applications and Current 

Authorizations. In this Second Report 

and Order, we amend our rules to 

require that all 17/24 GHz BSS 

applicants submit with their 

applications predicted transmitting offaxis antenna gain information over the 

angular range described above. In this 

section, we address how existing 

licensees and applicants can file new 

data to conform their licenses and 

pending applications to these new rules. 

To implement our decision here, we 

direct the Bureau to release a Public 

Notice after publication of the rules in 

the Federal Register, inviting applicants 

to amend their pending applications 

consistent with the rules we adopt 

today. Any application that is not 

amended by the date specified by the 

Bureau will be dismissed as defective. 

The Bureau will review the amended 

applications to determine whether they 

are substantially complete and 

acceptable for filing. The Bureau will 

return to the applicant as defective any 

amended applications that are not 

substantially complete. 

29. We recognize that the 

authorizations issued under these 

technical rules may not be exactly what 

the applicants expected. This, by itself, 

is not a barrier to the adoption of these 

rules or the requirement that applicants 

amend their applications to come into 

compliance with the new rules. The 

Commission has the authority to apply 

new procedures to pending applications 

if doing so does not impair the rights an 

applicant possessed when it filed its 

application, increase an applicant’s 

liability for past conduct, or impose new 

duties on applicants with respect to 

‘‘transactions already completed.’’ 

Applicants do not gain any vested right 

merely by filing an application. Filing 

an application cannot be considered a 

‘‘transaction already completed’’ for 

purposes of this analysis. 

30. Similarly, the Public Notice will 

also require current authorization 

holders to file a modification 

application that demonstrates 

compliance with the rules we adopt 

here today, and to supplement the file 

with all required information. The 

Bureau will review the modification 

applications to determine whether they 

are substantially complete and 

acceptable for filing. The Bureau will 

return to the applicant as defective any 

modification applications that are not 

substantially complete. 

31. The Commission may adopt rules 

that modify any station license of 

general applicability that affect a class 

of licensees, ‘‘if in its judgment such 

action will promote the public interest, 

convenience and necessity’’ and the 

modification may be accomplished 

through notice and comment 

rulemaking. The purpose of the 

Commission’s actions here is to 

establish revised technical rules that 

will foster the provision of new services 

without causing harmful interference to 

a co-primary service—DBS. Neither DBS 

nor 17/24 GHz BSS operators possess 

the right to interfere with co-primary 

operations. We are not altering the past 

legal consequences of past actions of 17/ 

24 GHz BSS authorization holders. 

Rather, the scheme we are adopting in 

this order is a means of bringing current 

authorization holders and pending 

applicants into compliance with general 

operational requirements. Moreover, the 

17/24 GHz BSS authorization holders 

could not have had any reasonable 

expectation that the Commission would 

refrain from exercising its regulatory 

power to change the operational 

requirements of a service in cases where 

the public interest is best served by such 

change. Commission action that upsets 

expectations held by current 

authorization holders based on existing 

rules is not impermissibly retroactive. 

This is particularly true given the fact 

that all 17/24 GHz BSS licensees were 

aware at the time of grant that they 

would be subject to any additional 

requirements adopted as a result of this 

proceeding. In fact, all such licenses 

were granted with a condition on the 

face of the license stating that ‘‘[t]his 

authorization and all conditions 

contained herein are subject to the 

outcome of the Commission’s 

rulemaking in IB Docket No. 06–123 and 

any requirements subsequently adopted 

therein.’’ 

32. We invite both 17/24 GHz BSS 

applicants and authorization holders to 

file their predicted transmitting antenna 

off-axis gain data at any time prior to the 

date that the rules adopted today 

become effective. We acknowledge that 

some parties may be close to possessing 

actual measured data, particularly those 

who actively participated and 

commented in this proceeding. If any of 

these entities have measured data, they 

are permitted to immediately file a 

modification (or amendment as 

appropriate) containing measured data 

rather than filing predicted data. No fee 

will be required for amendments or 

modifications filed for the sole purpose 

of amending a pending application or 

modifying a current authorization to 

comply with the rules adopted here 

today. Amendments that include 

changes in requested frequencies, 

orbital locations, or any other change 

not required by the rules adopted today, 

must include the appropriate fee. 

Procedural Matters 

A. Final Regulatory Flexibility Analysis 

Pursuant to the Regulatory Flexibility 

Act (‘‘RFA’’), the FNPRM incorporated 

an Initial Regulatory Flexibility 

Analysis (‘‘IRFA’’). The Commission 

sought written public comments on the 

possible significant economic impact of 

the proposed policies and rules on small 

entities in the FNPRM, including 

comments on the IRFA. No one 

commented specifically on the IRFA. 

Pursuant to the RFA, Appendix C 

provides a Final Regulatory Flexibility 

Analysis. It assesses the effects of 

adopting space path interference rules 

on small business concerns. 

B. Final Paperwork Reduction Act of 

1995 Analysis 

In the FNPRM, the Commission 

analyzed the actions we now adopt in 

this Report and Order with respect to 

the Paperwork Reduction Act of 1995. 

The Report and Order modifies the data 

collection by requiring 17/24 GHz BSS 

applicants to provide pfd calculations at 

the time of application and 9 months 

prior to launch of the space station that 

either: (1) Demonstrate that the pfd level 

at the location of any prior-filed DBS 

network does not exceed the 

coordination trigger of ¥117 dBW/m2/ 

100 kHz; or (2) demonstrate to what 

extent the coordination trigger is 

exceeded at the receiver input of any 

prior-filed DBS network. If the 

coordination trigger is exceeded, the 17/ 

24 GHz BSS applicant must also provide 

certification that all affected DBS 

operators acknowledge and do not 

object to the applicant’s higher off-axis 

pfd levels. 17/24 GHz BSS applicants 

are also required to submit transmitting 

antenna off-axis gain measurements 

made over a range of ± 30° from the X 

axis in the X–Z plane and over a range 

of ±60° in planes rotated about the Z 

axis that should permit accurate off-axis 

pfd information to be calculated for DBS 

and 17/24 GHz BSS space stations 


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Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Rules and Regulations 50431 

separated in longitude by as little as 0.2 

degrees. 17/24 GHz BSS and DBS 

Applicants seeking to bias their space 

station orientation are required to file 

additional information with the 

Commission in which they provide an 

explanation of the planned orientation 

bias and the necessary increased range 

of antenna off-axis gain measurements. 

Both 17/24 GHz BSS and DBS 

applicants are required to file the 

predicted maximum orbital eccentricity 

with their application. This document 

contains new information collection 

requirements 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 are invited to 

comment on the new information 

collection requirements contained in 

this proceeding. In addition, the 

Commission notes that pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4), we previously sought 

specific comment on how the 

Commission might further reduce the 

information collection burden for small 

business concerns with fewer than 25 

employees. 

C. Report to Congress 

The Commission will send a copy of 

this Report & Order to Congress and the 

Government Accountability Office 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A). 

Ordering Clauses 

Accordingly, It is ordered that, 

pursuant to the authority contained in 

sections 4(i), 4(j), 7(a), 302(a), 303(c), 

303(e), 303(f), 303(g), 303(j), 303(r), and 

303(y) of the Communications Act of 

1934, as amended, 47 U.S.C. 154(i), 

154(j), 157(a), 302(a), 303(c), 303(e), 

303(f), 303(g), 303(j), 303(r), 303(y), this 

Report and Order in IB Docket No. 06– 

123 is adopted. 

It is further ordered that part 25 of the 

Commission’s rules is amended as set 

forth in Appendix B, and such rule 

amendments shall be effective 30 days 

after the date of publication in the 

Federal Register, except for 

§§ 25.114(d)(15)(iv), 25.114(d)(18), 

25.264(a), 25.264(b), 25.264(c), 

25.264(d), 25.264(f), which contain new 

information collection requirements that 

require approval by the Office of 

Management and Budget (OMB) under 

the PRA. The Federal Communications 

Commission will publish a document in 

the Federal Register announcing such 

approval and the relevant effective date. 

It is further ordered that the 

International Bureau is delegated 

authority to issue Public Notices 

consistent with this Report and Order. 

It is further ordered that the final 

regulatory flexibility analysis, as 

required by section 604 of the 

Regulatory Flexibility Act, is adopted. 

It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center shall send a copy of 

this Report and Order, including the 

final regulatory flexibility analysis, to 

the Chief Counsel for Advocacy of the 

Small Business Administration, in 

accordance with section 603(a) of the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq. 

It is further ordered that the 

Commission shall send a copy of this 

Report and Order in a report to be sent 

to Congress and the General 

Accountability Office pursuant to the 

Congressional Review Act, 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 25 

Communications common carriers, 

Communications equipment, Radio, 

Reporting and recordkeeping 

requirements, Satellites, 

Telecommunications. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Rule Changes 

For the reasons discussed, in the 

preamble, the Federal Communications 

Commission amends Title 47 of the 

Code of Federal Regulations, 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 154, 301, 302, 303, 307, 

309 and 332 of the Communications Act, as 

amended, 47 U.S.C. Sections 154, 301, 302, 

303, 307, 309, and 332, unless otherwise 

noted. 

■ 2. Section 25.114 is amended by 

adding paragraphs (d)(15)(iv) and 

(d)(18) to read as follows: 

§ 25.114 Applications for space station 

authorizations. 

* * * * * 

(d) * * * 

(15) * * * 

(iv) The information required in 

§ 25.264(a) and (b). 

* * * * * 

(18) For space stations in the Direct 

Broadcast Satellite service or the 17/24 

GHz broadcasting-satellite service, 

maximum orbital eccentricity. 

* * * * * 

■ 3. Section 25.264 is added to subpart 

C to read as follows: 

§ 25.264 Requirements to facilitate 

reverse-band operation in the 17.3–17.8 

GHz band of 17/24 GHz Broadcastingsatellite Service and Direct Broadcast 

Satellite Service space stations. 

(a) Each applicant for a space station 

license in the 17/24 GHz broadcastingsatellite service (BSS) must provide a 

series of tables or graphs with its 

application, that contain the predicted 

transmitting antenna off-axis gain 

information for each transmitting 

antenna in the 17.3–17.8 GHz frequency 

band. Using a Cartesian coordinate 

system wherein the X axis is tangent to 

the geostationary orbital arc with the 

positive direction pointing east, i.e., in 

the direction of travel of the satellite; 

the Y axis is parallel to a line passing 

through the geographic north and south 

poles of the Earth, with the positive 

direction pointing south; and the Z axis 

passes through the satellite and the 

center of the Earth, with the positive 

direction pointing toward the Earth, the 

applicant must provide the predicted 

transmitting antenna off-axis antenna 

gain information: 

(1) In the X–Z plane, i.e., the plane of 

the geostationary orbit, over a range of 

± 30 degrees from the positive and 

negative X axes in increments of 5 

degrees or less. 

(2) In planes rotated from the X–Z 

plane about the Z axis, over a range of 

±60 degrees relative to the equatorial 

plane, in increments of 10 degrees or 

less. 

(3) In both polarizations. 

(4) At a minimum of three 

measurement frequencies determined 

with respect to the entire portion of the 

17.3–17.8 GHz frequency band over 

which the space station is designed to 

transmit: 5 MHz above the lower edge 

of the band; at the band center 

frequency; and 5 MHz below the upper 

edge of the band. 

(5) Over a greater angular 

measurement range, if necessary, to 

account for any planned spacecraft 

orientation bias or change in operating 

orientation relative to the reference 

coordinate system. The applicant must 

also explain its reasons for doing so. 

(b) Each applicant for a space station 

license in the 17/24 GHz BSS must 

provide power flux density (pfd) 

calculations with its application that are 

based upon the predicted off-axis 

transmitting antenna gain information 

submitted in accordance with paragraph 

(a) of this section, as follows: 


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50432 Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Rules and Regulations 

(1) The pfd calculations must be 

provided at the location of all prior-filed 

U.S. DBS space stations where the 

applicant’s pfd level exceeds the 

coordination trigger of ¥117 dBW/m2/ 

100 kHz in the 17.3–17.8 GHz band. In 

this rule, the term prior-filed U.S. DBS 

space station refers to any Direct 

Broadcast Satellite service space station 

application that was filed with the 

Commission (or authorization granted 

by the Commission) prior to the filing of 

the 17/24 GHz BSS application 

containing the predicted off-axis 

transmitting antenna gain information. 

The term prior-filed U.S. DBS space 

station does not include any 

applications (or authorizations) that 

have been denied, dismissed, or are 

otherwise no longer valid. Prior-filed 

U.S. DBS space stations may include 

foreign-licensed DBS space stations 

seeking authority to serve the United 

States market, but do not include 

foreign-licensed DBS space stations that 

have not filed applications with the 

Commission for market access in the 

United States. 

(2) The pfd calculations must take 

into account the maximum permitted 

longitudinal station-keeping tolerance, 

orbital inclination and orbital 

eccentricity of both the 17/24 GHz BSS 

and DBS space stations, and must: 

(i) Identify each prior-filed U.S. DBS 

space station at whose location the 

coordination threshold pfd level of 

¥117 dBW/m2/100 kHz is exceeded; 

and 

(ii) Demonstrate the extent to which 

the applicant’s transmissions in the 

17.3–17.8 GHz band exceed the 

threshold pfd level of ¥117 dBW/m2/ 

100 kHz at those prior-filed U.S. DBS 

space station locations. 

(3) If the calculated pfd level is in 

excess of the threshold level of ¥117 

dBW/m2/100 kHz at the location of any 

prior-filed U.S. DBS space station, the 

applicant must also provide with its 

application certification that all affected 

DBS operators acknowledge and do not 

object to the applicants higher off-axis 

pfd levels. No such certification is 

required in cases where the DBS and 17/ 

24 GHz BSS assigned operating 

frequencies do not overlap. 

(c) No later than 9 months prior to 

launch, each 17/24 GHz BSS space 

station applicant or authorization holder 

must confirm the predicted transmitting 

antenna off-axis gain information 

provided in accordance with 

§ 25.114(d)(15)(iv) by submitting 

measured transmitting antenna off-axis 

gain information over the angular 

ranges, measurement frequencies and 

polarizations described in paragraphs 

(a)(1) through (5) of this section. The 

transmitting antenna off-axis gain 

information should be measured under 

conditions as close to flight 

configuration as possible. 

(d) No later than 9 months prior to 

launch, each 17/24 GHz BSS space 

station applicant or authorization holder 

must provide pfd calculations based 

upon the measured transmitting antenna 

off-axis gain information that is 

submitted in accordance with paragraph 

(c) of this section as follows: 

(1) The pfd calculations must be 

provided: 

(i) At the location of all prior-filed 

U.S. DBS space stations as defined in 

paragraph (b)(1) of this section, where 

the applicant’s pfd level in the 17.3– 

17.8 GHz band exceeds the coordination 

trigger of ¥117 dBW/m2/100 kHz; and 

(ii) At the location of any 

subsequently-filed U.S. DBS space 

station where the applicant’s pfd level 

in the 17.3–17.8 GHz band exceeds the 

coordination trigger of ¥117 dBW/m2/ 

100 kHz. In this rule, the term 

subsequently-filed U.S. DBS space 

station refers to any Direct Broadcast 

Satellite service space station 

application that was filed with the 

Commission (or authorization granted 

by the Commission) after the 17/24 GHz 

BSS operator submitted the predicted 

data required by paragraphs (a) through 

(b) of this section, but prior to the time 

the 17/24 GHz BSS operator submitted 

the measured data required in this 

paragraph. Subsequently-filed U.S. DBS 

space stations may include foreignlicensed DBS space stations seeking 

authority to serve the United States 

market. The term does not include any 

applications (or authorizations) that 

have been denied, dismissed, or are 

otherwise no longer valid, nor does it 

include foreign-licensed DBS space 

stations that have not filed applications 

with the Commission for market access 

in the United States. 

(2) The pfd calculations must take 

into account the maximum permitted 

longitudinal station-keeping tolerance, 

orbital inclination and orbital 

eccentricity of both the 17/24 GHz BSS 

and DBS space stations, and must: 

(i) Identify each prior-filed U.S. DBS 

space station at whose location the 

coordination threshold pfd level of 

¥117 dBW/m2/100 kHz is exceeded; 

and 

(ii) Demonstrate the extent to which 

the applicant’s or licensee’s 

transmissions in the 17.3–17.8 GHz 

band exceed the threshold pfd level of 

¥117 dBW/m2/100 kHz at those priorfiled U.S. DBS space station locations. 

(e) If the pfd level calculated from the 

measured data submitted in accordance 

with paragraph (d) of this section is in 

excess of the threshold pfd level of 

¥117 dBW/m2/100 kHz: 

(1) At the location of any prior-filed 

U.S. DBS space station as defined in 

paragraph (b)(1) of this section, then the 

17/24 GHz broadcasting-satellite 

operator must either: 

(i) Coordinate its operations that are 

in excess of the threshold pfd level of 

¥117 dBW/m2/100 kHz with the 

affected prior-filed U.S. DBS space 

station operator, or 

(ii) Adjust its operating parameters so 

that at the location of the prior-filed 

U.S. DBS space station, the pfd level of 

¥117 dBW/m2/100 kHz is not 

exceeded. 

(2) At the location of any 

subsequently-filed U.S. DBS space 

station as defined in paragraph (d)(1) of 

this section, where the pfd level 

submitted in accordance with paragraph 

(d) of this section, is also in excess of 

the pfd level calculated on the basis of 

the predicted data submitted in 

accordance with paragraph (a) of this 

section that were on file with the 

Commission at the time the DBS space 

station application was filed, then the 

17/24 GHz broadcasting-satellite 

operator must either: 

(i) Coordinate with the affected 

subsequently-filed U.S. DBS space 

station operator all of its operations that 

are either in excess of the pfd level 

calculated on the basis of the predicted 

antenna off-axis gain data, or are in 

excess of the threshold pfd level of 

¥117 dBW/m2/100 kHz, whichever is 

greater, or 

(ii) Adjust its operating parameters so 

that at the location of the subsequentlyfiled U.S. DBS space station, either the 

pfd level calculated on the basis of the 

predicted off-axis transmitting antenna 

gain data, or the threshold pfd level of 

¥117 dBW/m2/100 kHz, whichever is 

greater, is not exceeded. 

(3) No coordination or adjustment of 

operating parameters is required in 

cases where the DBS and 17/24 GHz 

BSS operating frequencies do not 

overlap. 

(f) The 17/24 GHz BSS applicant or 

licensee must modify its license, or 

amend its application, as appropriate, 

based upon new information: 

(1) If the pfd levels submitted in 

accordance with paragraph (d) of this 

section, are in excess of those submitted 

in accordance with paragraph (b) of this 

section at the location of any prior-filed 

or subsequently-filed U.S. DBS space 

station as defined in paragraphs (b)(1) 

and (d)(1)of this section, or 

(2) If the 17/24 GHz BSS operator 

adjusts its operating parameters in 

accordance with paragraphs (e)(1)(ii) or 

(e)(2)(ii) or this section. 


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Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Rules and Regulations 50433 

(g) Absent an explicit agreement 

between operators to permit more 

closely spaced operations, U.S. 

authorized 17/24 GHz BSS space 

stations and U.S. authorized DBS space 

stations with co-frequency assignments 

may not be licensed to operate at 

locations separated by less than 

0.2 degrees in orbital longitude. 

(h) All operational 17/24 GHz BSS 

space stations must be maintained in 

geostationary orbits that: 

(1) Do not exceed 0.075° of 

inclination. 

(2) Operate with an apogee less than 

or equal to 35,806 km above the surface 

of the Earth, and with a perigee greater 

than or equal to 35,766 km above the 

surface of the Earth (i.e., an eccentricity 

of less than 4.7 × 10¥4). 

(i) U.S. authorized DBS networks may 

claim protection from space path 

interference arising from the reverseband operations of U.S. authorized 

17/24 GHz BSS networks to the extent 

that the DBS space station operates 

within the bounds of inclination and 

eccentricity listed below. When the 

geostationary orbit of the DBS space 

station exceeds these bounds on 

inclination and eccentricity, it may not 

claim protection from any additional 

space path interference arising as a 

result of its inclined or eccentric 

operations and may only claim 

protection as if it were operating within 

the bounds listed below: 

(1) The DBS space station’s orbit does 

not exceed 0.075° of inclination, and 

(2) The DBS space station’s orbit 

maintains an apogee less than or equal 

to 35,806 km above the surface of the 

Earth, and a perigee greater than or 

equal to 35,766 km above the surface of 

the Earth (i.e., an eccentricity of less 

than 4.7 × 10¥4). 

[FR Doc. 2011–20593 Filed 8–12–11; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 383 and 390 

[Docket No. FMCSA–2011–0146] 

Regulatory Guidance: Applicability of 

the Federal Motor Carrier Safety 

Regulations to Operators of Certain 

Farm Vehicles and Off-Road 

Agricultural Equipment 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of regulatory guidance. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) sought 

public comment on three issues related 

to the applicability of the Federal Motor 

Carrier Safety Regulations (FMCSRs) to 

operators of farm vehicles: first, the 

interpretation of interstate commerce as 

it applies to movement of farm 

products; second, whether farmers 

operating under share-cropping 

agreements are common or contract 

carriers; and third, whether FMCSA 

should issue new guidance on 

implements of husbandry. After 

considering comments from the public, 

FMCSA has determined that no further 

guidance is needed on interpreting 

interstate commerce and implements of 

husbandry. FMCSA is issuing guidance 

that farmers operating under sharecropping or similar arrangements are 

not common or contract carriers and, 

therefore, are eligible for the CDL 

exemption if a State elects to adopt the 

exemption. 

DATES: August 15, 2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Thomas Yager, Chief, Driver and Carrier 

Operations Division, Federal Motor 

Carrier Safety Administration, U.S. 

Department of Transportation, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, Phone (202) 366–4325. 

SUPPLEMENTARY INFORMATION: 

Legal Basis 

The Motor Carrier Act of 1935 (74, 49 

Stat. 543, August 9, 1935) (1935 Act) 

provides that the Secretary of 

Transportation may prescribe 

requirements for (1) qualifications and 

maximum hours of service of employees 

of, and safety of operation and 

equipment of, a motor carrier; and (2) 

qualifications and maximum hours of 

service of employees of, and standards 

of equipment of, a motor private carrier, 

when needed to promote safety of 

operation (49 U.S.C. 31502(b)). 

The Motor Carrier Safety Act of 1984 

(98, Title II, 98 Stat. 2832, October 30, 

1984) (1984 Act) provides concurrent 

authority to regulate drivers, motor 

carriers, and vehicle equipment. It 

requires the Secretary of Transportation 

to prescribe regulations that ensure that: 

(1) Commercial motor vehicles (CMVs) 

are maintained, equipped, loaded, and 

operated safely; (2) the responsibilities 

imposed on operators of CMVs do not 

impair their ability to operate the 

vehicles safely; (3) the physical 

condition of operators of CMVs is 

adequate to enable them to operate the 

vehicles safely; and (4) the operation of 

CMVs does not have a deleterious effect 

on the physical condition of the 

operators (49 U.S.C. 31136(a)). Section 

211 of the 1984 Act also grants the 

Secretary broad power in carrying out 

motor carrier safety statutes and 

regulations to ‘‘prescribe recordkeeping 

and reporting requirements’’ and to 

‘‘perform other acts the Secretary 

considers appropriate’’ (49 U.S.C. 

31133(a)(8) and (10), respectively). 

The Commercial Motor Vehicle Safety 

Act of 1986 (99, Title XII, 100 Stat. 

3207–170, October 27, 1986) (1986 Act) 

directs the Secretary of Transportation 

to prescribe regulations on minimum 

standards for testing and ensuring the 

fitness of an individual operating a 

commercial motor vehicle (49 U.S.C. 

31305(a)). The States must use those 

standards in issuing commercial driver’s 

licenses (CDLs) (49 U.S.C. 31311, 

31314). 

The FMCSA Administrator has been 

delegated authority under 49 CFR 

1.73(L), (g), and (e)(1) to carry out the 

functions vested in the Secretary of 

Transportation by the 1935 Act, the 

1984 Act, and the 1986 Act, 

respectively. 

Background 

On May 31, 2011, FMCSA issued a 

notice seeking public comment on three 

issues related to the applicability of the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) to operators of 

farm vehicles (76 FR 31279). 

Recognizing that changes in regulatory 

guidance (if implemented by a State) 

could have an impact on an individual 

farmer, the Agency sought as much 

public involvement and comment as 

possible on these issues. 

It is worth repeating that neither the 

May 31 notice nor today’s notice 

propose or proposed any rule change or 

new safety requirements. Instead, the 

Agency sought feedback from farm 

organizations, farmers, and the public 

on the agency’s long-standing 

interpretations of existing rules, so it 

could then determine whether any 

adjustments were needed to improve 

understanding of the current safety 

regulations. 

First, the Agency sought comment on 

whether it needed to provide additional 

guidance or information to explain the 

distinction between intra- and interstate 

commerce in the agricultural industry. 

Second, the Agency asked whether it 

should distinguish between indirect and 

direct compensation in deciding 

whether a farm vehicle driver is eligible 

for the exception to the commercial 

driver’s license (CDL) requirements in 

49 CFR 383.3(d)(1). Third, the Agency 

asked for comments on how best to 

define implements of husbandry so that 

such equipment is exempted from safety 

regulations in a uniform, practical 


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