Federal Register / Vol. 62, No. 212 / Monday, November 3, 1997 / Rules and Regulations 59293

State/location Community

No. Effective date of eligibility Current effectivemap date

Region VI

Oklahoma: Marshall County, unincorporated areas ...... 400511 Sept. 30, 1997, Suspension Withdrawn ....................... Sept. 30, 1997.

Region VII

Nebraska: Howard County, unincorporated areas ........ 310446 ......do ............................................................................ Do.

Region VIII

Colorado: Broomfield, city of, Adams, Boulder, and

Jefferson Counties.

085073 ......do ............................................................................ Do.

Montana: Bull Creek, village of, Taney County ............. 290916 ......do ............................................................................ Do.

1The Town of Long Island has adopted the City of Portland (CID # 230051) Flood Insurance Rate Map dated July 15, 1992, panels 0003,

0004, 009 and 0010. 2The Town of Cornelius has adopted the Mecklenburg County (CID # 370158) Flood Insurance Rate Map dated February 3, 1993, panels 005,

0015, and 0020.

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Rein.—Reinstatement; Susp.—Suspension; With.—Withdrawn; NSFHA—

Non Special Flood Hazard Area.

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance’’)

Issued: October 24, 1997.

Michael J. Armstrong,

Associate Director for Mitigation.

[FR Doc. 97–28997 Filed 10–31–97; 8:45 am]

BILLING CODE 6718–05–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 25

[IB Docket No. 96–220; FCC 97–370]

Non-Voice, Non-Geostationary Mobile

Satellite Service

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission has adopted

rules and policies to govern the second

processing round for the non-voice,

non-geostationary mobile satellite

service (‘‘NVNG MSS’’) also referred to

as the ‘‘Little LEO’’ service. The

Commission’s rules adopted include a

spectrum sharing plan that permits

licensing five NVNG MSS applicants;

financial qualification rules; rules

requiring NVNG MSS licensees to timeshare spectrum with existing

commercial and government licensees;

and a rule requiring second processing

round applicants to file amendments to

their applications to conform their

applications to the rules adopted in the

Report and Order.

EFFECTIVE DATE: January 2, 1998.

ADDRESSES: Office of the Secretary,

Federal Communications Commission,

1919 M Street, N.W., Washington, D.C.

20554.

FOR FURTHER INFORMATION CONTACT:

Daniel Connors, International Bureau,

Satellite Policy Branch, (202) 418–0755;

or Kathleen Campbell, International

Bureau, Satellite Policy Branch (202)

418–0753.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order in IB Docket No. 96–220; FCC

97–370, adopted October 8, 1997, and

released October 15, 1997. The complete

text of this Report and Order is available

for inspection and copying during

normal business hours in the FCC

Reference Center (Room 239), 1919 M

Street, N.W. Washington, D.C., and from

the Commission’s world-wide-web page

on the Internet (http://www.fcc.gov),

and also may be purchased from the

Commission’s copy contractor,

International Transcription Service,

(202) 857–3800, 2100 M Street, N.W.,

Suite 140, Washington, D.C. 20037.

Because this Report and Order contains

information collections that affect less

than 10 persons and, therefore, is not

subject to the Paperwork Reduction Act

of 1995, Public Law No. 104–13. As

required by Section 603 of the

Regulatory Flexibility Act, the

Commission has prepared a Regulatory

Flexibility Analysis (‘‘RFA’’) of the

expected impact on small entities of the

proposals suggested in this document.

Summary of the Report and Order

1. This Report and Order (‘‘R&O’’)

reflects the Commission’s commitment

to licensing applicants in the second

processing round to provide Little LEO

service and the Commission’s continued

efforts to promote competition in the

U.S. satellite services market. With this

R&O, we adopt a spectrum sharing plan

and service rules and polices for the

licensing of five applicants in the

second processing round.

2. Because the second processing

round applicants filed a mutually

agreed upon spectrum sharing plan with

the Commission that accommodates all

of their proposed systems, we decline to

adopt our proposed new entrant rule.

The spectrum sharing plan that we

adopt achieves the same procompetitive objectives as our proposed

new entrant rule with the additional

benefit of permitting the licensing of all

five second processing round

applicants. Therefore, our proposed new

entrant rule is unnecessary.

3. As a result of the spectrum sharing

plan agreed to by the second processing

round applicants, all applicants can be

accommodated in the available

spectrum being licensed. Consequently,

our proposed strict financial

qualification standard is unnecessary to

prevent an under-financed applicant

from preventing a fully capitalized

applicant from going forward.

Therefore, we adopt a relaxed financial

qualification standard that requires that

second processing round applicants

demonstrate finances sufficient to

construct and launch two satellites in

their proposed systems and to operate

two satellites in their system for one

year after their launch. 4. We adopt a spectrum sharing plan

that permits licensing five second

processing round applicants: three new

Little LEO systems and two existing

Little LEO licensees. One new Little

LEO applicant (‘‘System 1’’) can operate

a system in the 148–150.05 MHz uplink

band and the 137–137.025 MHz,

400.15–401 MHz downlink bands. A

second new Little LEO applicant

(‘‘System 2’’) can operate a system in the

148–150.05 MHz uplink band and in

parts of the 400.15–401 MHz and 137–

138 MHz downlink bands. A third new

Little LEO applicant (‘‘System 3’’) can

operate a system in the 148–148.905

MHz uplink band and the 137.0725–

137.9275 MHz downlink band. Orbital

Communications Corporation, an

existing Little LEO licensee

(‘‘Orbcomm’’), can expand its Little LEO

system by sharing approximately 355

kHz of spectrum in the 148–148.855

MHz uplink band with Systems 1, 2 and

3. Orbcomm will also operate in parts of

the 137–138 MHz downlink band not

being used by Systems 1 or 2. Finally,

Volunteers in Technical Assistance, Inc.

(‘‘VITA’’), also an existing Little LEO

licensee, can expand its authorized

Little LEO system to operate in the

400.5983–400.645 MHz downlink band

on a time-shared basis with System 2. In

the 137–138 MHz band, System 2 will
59294 Federal Register / Vol. 62, No. 212 / Monday, November 3, 1997 / Rules and Regulations

be required to time-share spectrum with

meteorological satellites of the National

Oceanic and Atmospheric

Administration (‘‘NOAA’’). In the

400.15–400.505 MHz and 400.645–401

MHz bands, System 1 will be required

to time-share the spectrum with

meteorological satellites of the

Department of Defense (‘‘DoD’’).

5. Because System 2 will be unable to

implement its system fully in the

spectrum available in the second

processing round, the Commission has

adopted a rule that makes the System 2

licensee eligible to apply for and use up

to 210 kHz of downlink spectrum

subsequently allocated to the Little LEO

service on a worldwide and domestic

basis, subject to operating conditions

and other restrictions imposed by the

Commission. This priority will enable

the System 2 licensee to implement its

proposed system.

6. The R&O requires System 1 and

System 2 to time-share parts of their

downlink spectrum with the

meteorological satellite systems of DoD

and NOAA, respectively. Consequently,

we have adopted rules permitting

System 1 and System 2 to time-share

this spectrum with DoD and NOAA,

respectively, subject to certain elevation

angle, transmission termination,

satellite shut-off and frequency

demonstration and change requirements

imposed by the Commission to protect

the DoD and NOAA meteorological

satellite systems from harmful

interference from the operations of

System 1 and System 2, respectively.

7. We also adopted a rule prohibiting

a NVNG licensee from entering into

exclusive agreements or arrangements

with other countries concerning

communications to and from the United

States. An exclusive agreement or

arrangement may foreclose other United

States Little LEO licensees from serving

a foreign market and preventing that

licensee from providing global service.

8. Finally, we adopted a rule requiring

second processing round applicants to

amend their applications within 15 days

after the release of the R&O in order to

conform their applications with the

rules and policies adopted in the R&O.

Ordering Clauses

9. Accordingly, It Is Ordered pursuant

to sections 1, 4, 303(r), and 309(j) of the

Communications Act of 1934, as

amended, 47 U.S.C. §§ 151, 154, 303(r),

and 309(j), that Part 25 of the

Commission’s Rules, 47 CFR 25, and the

Commission’s policies are amended as

specified in this R&O.

10. It is further ordered that second

round applicants shall file amended

applications on or before October 30,

1997. We find good cause to make this

rule effective within 15 days after the

release of this R&O. This rule will

enable the five second round applicants

to expedite the amendment of their

second round applications which have

been pending for approximately three

years. This will enable the Commission

to expedite the processing of second

round applications in order to issue

licenses to qualified applicants.

Continued delay in the processing of

second round applications will increase

the headstarts already given to existing

first round licensees and other providers

of competitive services. Further delay in

issuing second processing round

licenses will undermine the public

interest by delaying the entry of new

competitors in the markets for Little

LEO services. Moreover, we find that

good cause exists to waive additional

notice and comment upon this rule

because it is unnecessary and contrary

to the public interest. This rule has

already been subject to notice and

comment in this rulemaking proceeding

and the second round applicants that

are directly affected by this rule are

urging the Commission to take prompt

action in this R&O that will expedite the

issuance of second round licenses. It

would be contrary to the public interest

for the Commission to delay further the

processing of second round applications

now that the second round applicants

have mutually agreed upon a spectrum

sharing plan and are urging the

Commission to expedite the issuance of

second round licenses.

11. The analysis required pursuant to

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

§ 604, is set forth below.

12. The Paperwork Reduction Act

does not apply to the rules adopted

herein because such rules apply to less

than 10 persons.

13. Except for the rule requiring the

filing of amended applications by

second round applicants within 15 days

after the release of this R&O, It is further

ordered that amendments to Part 25 of

the Commission’s Rules, 47 CFR part 25,

and the Commission’s policies, as

specified in this R&O, Will Become

Effective January 2, 1998.

Final Regulatory Flexibility Act

Statement

14. As required by Section 603 of the

Regulatory Flexibility Act, the

Commission has prepared a final

Regulatory Flexibility Analysis

(‘‘FRFA’’) of the expected impact on

small entities of the proposals suggested

in this document. The Secretary shall

send a copy of this R&O, including the

Final Regulatory Flexibility Analysis, to

the Chief Counsel for Advocacy of the

Small Business Administration in

accordance with paragraph 603(a) of the

Regulatory Flexibility Act, Public Law

No. 96–354, 94 Stat. 1164, 5 U.S.C. § 601

et seq. (1981).

Final Regulatory Flexibility Analysis

15. As required by RFA, an Initial

Regulatory Flexibility Analysis

(‘‘IRFA’’) was incorporated in the Notice

of Proposed Rulemaking (the ‘‘Notice’’).

The Commission sought written public

comment on the proposals in the Notice,

including comment on the IRFA. This

FRFA, concerning the R&O, conforms to

the RFA.

I. Need for and Objectives of the R&O

16. In this decision, the Commission,

adopts a spectrum licensing plan and

service rules and policies for second

processing round applicants for NVNG

MSS systems that will operate in

frequency bands below 1 GHz. The

purpose of this action is to develop

rules and policies for licensing new

NVNG MSS systems and existing NVNG

licensees seeking to expand the service

capability of their systems in order to (a)

promote competition in the emerging

NVNG MSS service markets and (b) spur

the rapid delivery of new services to the

public at reasonable prices. NVNG MSS

systems provide near real-time data

services worldwide and are global

systems. In order to ensure the rapid

and successful implementation of new

NVNG MSS systems, the Commission

has worked closely with the National

Telecommunications and Information

Administration (‘‘NTIA’’) to develop

innovative technical service rules that

permit new NVNG MSS systems to

time-share the licensed spectrum with

existing United States government

systems that will be operating in the

same downlink spectrum. The R&O

adopts rules and policies that promote

efficiency in licensing and use of the

electromagnetic spectrum. In addition,

we expect that the licensing framework

we have set out for NVNG MSS systems

will aid in the development of

competitive and innovative satellite

systems.

II. Summary of Significant Issues

Raised by Public Comments in

Response to the Initial Regulatory

Flexibility Analysis

17. No comments were received

specifically in response to the IRFA.

However, in order to minimize the entry

barriers for new Little LEO systems

seeking to provide NVNG MSS systems,

the Commission staff spent months

working with NTIA and the applicants

to fashion a spectrum licensing plan

that was proposed in the Notice. Before

release of the R&O, we, again, worked
Federal Register / Vol. 62, No. 212 / Monday, November 3, 1997 / Rules and Regulations 59295

1 13 CFR 121.201, Standard Industrial

Classification (SIC) Code 4899.

closely with second round applicants

and encouraged them to develop a

mutually acceptable spectrum licensing

plan. All of the second processing round

applicants were able to reach agreement

regarding a spectrum sharing plan and

that plan has been adopted in the R&O.

The spectrum sharing plan

accommodates the system designs of all

second round applicants, including

existing NVNG MSS licensees.

Therefore, we will not adopt our new

entrant eligibility requirements and will

apply our relaxed financial standard,

rather than the strict financial standard

proposed in the Notice. In addition,

because all second round applicants can

be accommodated in the available

spectrum, the spectrum sharing plan we

adopt avoids mutual exclusivity.

Consequently, it will be unnecessary for

the Commission to employ an auction to

choose among mutually exclusive

applicants. Finally, the R&O adopts

eligibility rules for the use of future

MSS spectrum and for receiving a

second processing round authorization.

By licensing all second round NVNG

MSS applicants, we enable small

entities and start-up companies the

opportunity to compete in the capital

intensive satellite industry.

III. Description and Estimate of the

Number of Small Entities to Which

Rules Will Apply

18. The Commission has not

developed a definition of small entities

applicable to satellite service licensees.

Therefore, the applicable definition of

small entity is the definition under the

Small Business Administration rules

applicable to Communications Services

‘‘Not Elsewhere Classified.’’ This

definition provides that a small entity is

one with $11 million or less in annual

receipts.1

19. Of the five applicants in the

second processing round, two are small

entities: Volunteers in Technical

Assistance, Inc. and LEO One USA

Corporation. The remaining three

second round applicants, Orbital

Communications Corporation, Final

Analysis Communications, Inc. and ESat, are not small entities because they

each have revenues in excess of $11

million annually or have parent

companies or investors that have

revenues in excess of $11 million

annually.

20. The service rules adopted in the

R&O will not apply to other small

entities currently providing NVNG MSS

types of services. The services rules

apply only to second round NVNG MSS

licensees that time-share spectrum in

the 400.15–401 MHz and 137–138 MHz

frequency bands with existing United

States government satellite systems.

IV. Description of Projected Reporting,

Recordkeeping and Other Compliance

Requirements

21. The rules adopted in the R&O

require that all second processing round

applicants file amendments to their

pending applications to conform to the

rules and policies adopted in the R&O.

Such amendments are required in order

to provide the Commission with

updated technical and financial

information about each applicant so that

the Commission can determine whether

or not an applicant is technically and

financially qualified to receive a license

to operate in the applied for spectrum.

22. In this R&O, we also adopt certain

compliance requirements for second

round NVNG MSS licensees that timeshare spectrum in the 400.15–401 MHz

and 137–138 MHz frequency bands with

United States government satellite

systems. The Commission may

terminate the operations of NVNG MSS

licensees determined to be interfering

with the operations of United States

government satellite systems. NVNG

MSS licensees will also be required to

comply with technical operational

parameters relating to elevation angle,

system demonstration requirements and

satellite fail-safe procedures.

V. Steps Taken to Minimize Significant

Economic Burden on Small Entities,

and Significant Alternatives Considered

23. The Commission proposed in the

Notice applying a strict financial

standard to second round NVNG MSS

applicants. In order to minimize any

barriers for entry into this new satellite

market for small entities, Commission

staff spent months encouraging and

working with all of the NVNG MSS

second round applicants to develop a

spectrum sharing plan that could

accommodate all second round

applicants. As discussed in the R&O, all

second round applicants can be

accommodated under the spectrum

licensing plan that we adopt. Therefore,

we will apply the same relaxed financial

standard to second processing round

applicants that we applied to first

processing round licenses. By

developing a spectrum sharing plan that

accommodates all second round

applicants, we enable small entities and

start-up companies the opportunity to

compete in the capital intensive satellite

industry.

VI. Report to Congress

24. The Commission shall send a copy

of this FRFA, along with the R&O, in a

report to Congress pursuant to the Small

Business Regulatory Enforcement

Fairness Act of 1996, 5 U.S.C.

801(a)(1)(A). A copy of this FRFA will

also be published in the Federal

Register.

List of Subjects in 47 CFR Part 25

Satellites.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Part 25 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 25—SATELLITE

COMMUNICATIONS

1. The authority citation for part 25

continues to read as follows:

Authority: Secs. 25.101 to 25.601 issued

under Sec. 4, 48 Stat. 1066, as amended; 47

U.S.C. 154. Interpret or apply secs. 101–104,

76 Stat. 419–427; 47 U.S.C. 701–744; 47

U.S.C. 554.

2. Paragraphs (d) and (e) are added to

§ 25.142 to read as follows:

§ 25.142 Licensing provisions for the nonvoice, non-geostationary mobile-satellite

service.

* * * * *

(d) Prohibition of certain agreements.

No license shall be granted to any

applicant for a non-voice, nongeostationary mobile-satellite service

system if that applicant, or any

companies controlling or controlled by

the applicant, shall acquire or enjoy any

right, for the purpose of handling traffic

to or from the United States, its

territories or possessions, to construct or

operate space segment or earth stations

in the non-voice, non-geosynchronous

mobile-satellite service, or to

interchange traffic, which is denied to

any other United States company by

reason of any concession, contract,

understanding, or working arrangement

to which the licensee or any persons or

companies controlling or controlled by

the licensee are parties.

(e) Spectrum priority. (1) The nonvoice, non-geosynchronous mobilesatellite service system that is

authorized in the second application

processing round to operate in the 148–

148.25 MHz, 148.75–148.855 MHz,

148.905–149.81 MHz and 150–150.05

MHz uplink frequency bands and the

400.505–400.5517 MHz, 400.5983–

400.645 MHz, 137.025–137.175 MHz,

137.333–137.4125 MHz, 137.475–
59296 Federal Register / Vol. 62, No. 212 / Monday, November 3, 1997 / Rules and Regulations

137.525 MHz, 137.595–137.645 MHz,

137.753–137.787 MHz and 137.825–138

MHz downlink frequency bands (the

‘‘System 2 licensee’’) will have a first

priority to apply for and use a limited

amount of downlink spectrum duly

allocated worldwide and domestically

to the non-voice, non-geosynchronous

mobile-satellite service by the ITU, at

WRC–97 or a subsequent World

Radiocommunication Conference, and

by the Commission, respectively (the

‘‘Future Spectrum’’). The System 2

licensee will be eligible to apply for and

use the first 210 kHz of Future Spectrum

plus spectrum sufficient to account for

Doppler frequency shift in the Future

Spectrum (the ‘‘Supplemental

Spectrum’’) to implement its non-voice,

non-geosynchronous mobile-satellite

service system. The System 2 licensee’s

application for and use of the

Supplemental Spectrum is subject to the

Commission’s Rules and policies, such

reasonable operating conditions as may

be imposed by the Commission, and

international spectrum coordination

requirements. For so long as the System

2 licensee is permitted by the

Government of France to operate in the

400.5517–400.5983 MHz band

coordinated with the French system

S80–1, the Supplemental Spectrum

shall be reduced to an amount

equivalent to 150 kHz of Future

Spectrum plus spectrum sufficient to

account for Doppler frequency shift in

the Future Spectrum.

(2) The System 2 licensee’s priority to

apply for and use the Supplemental

Spectrum is conditioned on the System

2 licensee’s compliance with the terms

and conditions of its second processing

round authorization, including, but not

limited to, its system construction,

launch and operation milestones, and

any modifications thereto, and the

Commission’s Rules. The System 2

licensee’s priority to apply for and use

the Supplemental Spectrum shall

automatically terminate upon the

occurrence of any of the following

events:

(i) The System 2 licensee being

permitted to operate in the

Supplemental Spectrum;

(ii) The expiration or revocation of the

System 2 licensee’s second processing

round authorization;

(iii) The discontinuance of use of the

spectrum assigned to the System 2

licensee under its second processing

round authorization; or

(iv) The surrender of the System 2

licensee’s second processing round

authorization to the Commission.

3. Section 25.201 is amended by

adding the following definition, in

alphabetical order, to read as follows:

§ 25.201 Definitions.

* * * * *

Protection areas. The geographic

regions on the surface of the Earth

where United States Department of

Defense (‘‘DoD’’) meteorological satellite

systems or National Oceanic and

Atmospheric Administration (‘‘NOAA’’)

meteorological satellite systems, or both

such systems, are receiving signals from

low earth orbiting satellites.

* * * * *

4. Add §§ 25.259 and 25.260 to

subpart C to read as follows:

§ 25.259 Time sharing between NOAA

meteorological satellite systems and nonvoice, non-geostationary satellite systems

in the 137–138 MHz band.

(a) A non-voice, non-geostationary

mobile-satellite service system licensee

(‘‘NVNG licensee’’) time-sharing

spectrum in the 137–138 MHz

frequency band shall not transmit

signals into the ‘‘protection areas’’ of

National Oceanic and Atmospheric

Administration (‘‘NOAA’’) satellite

systems. When calculating the

protection areas for a NOAA satellite in

the 137.333–137.367 MHz, 137.485–

137.515 MHz, 137.605–137.635 MHz

and 137.753–137.787 MHz bands, a

NVNG licensee shall use an earth

station elevation angle of five degrees

towards the NOAA satellite and will

cease its transmissions prior to the

NVNG licensee’s service area, based on

an elevation angle of zero degrees

towards the NVNG licensee’s satellite,

overlapping the NOAA protection area.

When calculating the protection areas

for a NOAA satellite in the 137.025–

137.175 MHz and 137.825–138 MHz

bands, a NVNG licensee shall use an

earth station elevation angle of zero

degrees, or less if reasonably necessary,

towards the NOAA satellite and will

cease its transmissions prior to the

NVNG licensee’s service area, based on

an elevation angle of zero degrees

towards the NVNG licensee’s satellite,

overlapping the NOAA protection area.

A NVNG licensee is responsible for

obtaining the necessary ephemeris data.

This information shall be updated

system-wide on at least a weekly basis.

A NVNG licensee shall use an orbital

propagator algorithm with an accuracy

equal to or greater than the NORAD

propagator used by NOAA.

(b) A NVNG licensee time sharing

spectrum in the 137–138 MHz band

shall establish a 24-hour per day contact

person and telephone number so that

claims of harmful interference into

NOAA earth station users and other

operational issues can be reported and

resolved expeditiously. This contact

information shall be made available to

NOAA or its designee. If the National

Telecommunications and Information

Administration (‘‘NTIA’’) notifies the

Commission that NOAA is receiving

unacceptable interference from a NVNG

licensee, the Commission will require

such NVNG licensee to terminate its

interfering operations immediately

unless it demonstrates to the

Commission’s reasonable satisfaction,

and that of NTIA, that it is not

responsible for causing harmful

interference into the worldwide NOAA

system. A NVNG licensee assumes the

risk of any liability or damage that it

and its directors, officers, employees,

affiliates, agents and subcontractors may

incur or suffer in connection with an

interruption of its non-voice, nongeostationary mobile-satellite service, in

whole or in part, arising from or relating

to its compliance or noncompliance

with the requirements of this paragraph

(b). The Commission will not hesitate to

impose sanctions on a NVNG licensee

time-sharing spectrum in the 137–138

MHz band with NOAA, including

monetary forfeitures and license

revocations, when appropriate.

(c) Each satellite in a NVNG licensee’s

system time-sharing spectrum with

NOAA in the 137–138 MHz band shall

automatically turn off and cease satellite

transmissions if, after 72 consecutive

hours, no reset signal is received from

the NVNG licensee’s gateway earth

station and verified by the satellite. All

satellites in such NVNG licensee’s

system shall be capable of instantaneous

shutdown on any sub-band upon

command from such NVNG licensee’s

gateway earth station.

§ 25.260 Time sharing between DoD

meteorological satellite systems and nonvoice, non-geostationary satellite systems

in the 400.15–401 MHz band.

(a) A non-voice, non-geostationary

mobile-satellite service system licensee

(‘‘NVNG licensee’’) time-sharing

spectrum in the 400.15–401.0 MHz band

shall not transmit signals into the

‘‘protection areas’’ of Department of

Defense (‘‘DoD’’). When calculating the

protection areas for a DoD satellite in

the 400.15–401 MHz band, a NVNG

licensee shall use an earth station

elevation angle of five degrees towards

the DoD satellite and will shut off its

transmissions prior to the NVNG

licensee’s service area, based on an

elevation angle of zero degrees towards

the NVNG licensee’s satellite,

overlapping the DoD protection area. A

NVNG licensee is responsible for

obtaining the necessary ephemeris data.

This information shall be updated

system-wide at least once per week. A

NVNG licensee shall use an orbital
Federal Register / Vol. 62, No. 212 / Monday, November 3, 1997 / Rules and Regulations 59297

propagator algorithm with an accuracy

equal to or greater than the NORAD

propagator used by DoD.

(b) A NVNG licensee time sharing

spectrum in the 400.15–401 MHz band

shall establish a 24-hour per day contact

person and telephone number so that

claims of harmful interference into DoD

earth station users and other operational

issues can be reported and resolved

expeditiously. This contact information

shall be made available to DoD or its

designee. If the National

Telecommunications and Information

Administration (‘‘NTIA’’) notifies the

Commission that DoD is receiving

unacceptable interference from a NVNG

licensee, the Commission will require

such NVNG licensee to terminate its

interfering operations immediately

unless it demonstrates to the

Commission’s reasonable satisfaction,

and that of NTIA, that it is not

responsible for causing harmful

interference into the worldwide DoD

system. A NVNG licensee assumes the

risk of any liability or damage that it

and its directors, officers, employees,

affiliates, agents and subcontractors may

incur or suffer in connection with an

interruption of its non-voice, nongeostationary mobile-satellite service, in

whole or in part, arising from or relating

to its compliance or noncompliance

with the requirements of this paragraph

(b). The Commission will not hesitate to

impose sanctions on a NVNG licensee

time-sharing spectrum in the 400.15–

401 MHz band with DoD, including

monetary forfeitures and license

revocations, when appropriate.

(c) Each satellite in a NVNG licensee’s

system time-sharing spectrum with DoD

in the 400.15–401 MHz band shall

automatically turn off and cease satellite

transmissions if, after 72 consecutive

hours, no reset signal is received from

the NVNG licensee’s gateway earth

station and verified by the satellite. All

satellites in such NVNG licensee’s

system shall be capable of instantaneous

shutdown on any sub-band upon

command from such NVNG licensee’s

gateway earth station.

(d) Initially, a NVNG licensee timesharing spectrum with DoD in the

400.15–401 MHz band shall be able to

change the frequency on which its

system satellites are operating within

125 minutes of receiving notification

from a DoD required frequency change

in the 400.15–401 MHz band.

Thereafter, when a NVNG licensee

constructs additional gateway earth

stations located outside of North and

South America, it shall use its best

efforts to decrease to 90 minutes the

time required to implement a DoD

required frequency change. A NVNG

licensee promptly shall notify the

Commission and NTIA of any decrease

in the time it requires to implement a

DoD required frequency change.

(e) Once a NVNG licensee timesharing spectrum with DoD in the

400.15–401 MHz band demonstrates to

DoD that it is capable of implementing

a DoD required frequency change within

the time required under paragraph (d) of

this section, thereafter, such NVNG

licensee shall demonstrate its capability

to implement a DoD required frequency

change only once per year at the

instruction of DoD. Such

demonstrations shall occur during offpeak hours, as determined by the NVNG

licensee, unless otherwise agreed by the

NVNG licensee and DoD. Such NVNG

licensee will coordinate with DoD in

establishing a plan for such a

demonstration. In the event that a

NVNG licensee fails to demonstrate to

DoD that it is capable of implementing

a DoD required frequency change in

accordance with a demonstration plan

established by DoD and the NVNG

licensee, upon the Commission’s receipt

of a written notification from NTIA

describing such failure, the Commission

shall impose additional conditions or

requirements on the NVNG licensee’s

authorization as may be necessary to

protect DoD operations in the 400.15–

401 MHz downlink band until the

Commission is notified by NTIA that the

NVNG licensee has successfully

demonstrated its ability to implement a

DoD required frequency change. Such

additional conditions or requirements

may include, but are not limited to,

requiring such NVNG licensee

immediately to terminate its operations

interfering with the DoD system.

[FR Doc. 97–28995 Filed 10–31–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Part 199

[Docket RSPA–97–2995, Notice No. 5]

Control of Drug Use and Alcohol

Misuse in Natural Gas, Liquefied

Natural Gas, and Hazardous Liquid

Pipeline Operations Alcohol Misuse

Prevention Program

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Notice of random drug testing

rate.

SUMMARY: RSPA has received and

evaluated the 1996 Management

Information System (MIS) Data

Collection forms for the drug testing of

pipeline industry personnel. The RSPA

determined that the random positive

drug testing rate for pipeline industry

for the period of January 1, 1996,

through December 31, 1996, is 0.7

percent.

DATES: Effective January 1, 1998,

through December 31, 1998.

FOR FURTHER INFORMATION CONTACT:

Catrina Pavlik, Drug/Alcohol Program

Analyst, Research and Special Programs

Administration, Office of Pipeline

Safety, Room 2335, 400 Seventh Street,

SW, Washington, DC 20590. Telephone:

(202) 366–6199, Fax: (202) 366-4566, email: catrina.pavlik@RSPA.dot.gov.

Information is also available on the

Office of Pipeline Safety’s internet home

page at ‘‘OPS.dot.gov.’’

SUPPLEMENTARY INFORMATION: In a final

rule published on December 23, 1993

(58 FR 68257), RSPA announced that it

would require operators of gas,

hazardous liquid and carbon dioxide

pipelines, and liquefied natural gas

facilities, who are subject to 49 CFR

parts 192, 193 and 195, to implement,

maintain, and submit an annual report

of their drug testing program data.

Operators with 51 or more covered

employees are required to submit this

information on an annual basis.

Operators with 50 or fewer covered

employees are required to maintain this

information, and RSPA randomly

selected 100 operators in this category

to submit their data. The drug testing

statistical data is essential for RSPA to

analyze its current approach to deterring

and detecting illegal drug abuse in the

pipeline industry, and, as appropriate,

plan a more efficient and effective

approach. In 1997, RSPA lowered the

random drug testing rate to 25 percent.

Since the positive random testing rate

continues to be less than 1 percent

industry-wide, the RSPA announces in

accordance with Section 199.11(c)(3),

that the minimum random drug testing

rate will be maintained at 25 percent of

covered pipeline employees for the

period of January 1, 1998, through

December 31, 1998.

Submission of MIS reports are due to

the Office of Pipeline Safety, Research

and Special Programs Administration,

DPS–23, Room 2335, 400 7th Street

SW., Washington, DC 20590, not later

than March 15 of each calendar year.

Notice of statistical data will be

published in the future to report results

of each calendar year’s MIS Data

Collection results. At that time, the

RSPA will also publish whether or not

the random rate will be reduced or