Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations 10601

Source of flooding and location

#Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

Approximately 0.57 mile upstream of the confluence

with Broad Run .................. *266

Tributary No. 1 to Beaverdam

Run:

At the confluence with

Beaverdam Run ................. *228

Approximately 0.47 mile upstream of confluence of

Beaverdam Run ................. *234

Tributary to Horsepen Run:

At confluence with Horsepen

Run ..................................... *273

Approximately 0.71 mile upstream of the confluence

with Horsepen Run ............ *321

Tributary to North Fork Broad

Run:

At confluence with North Fork

Broad Run .......................... *297

Approximately 1,770 feet upstream of confluence with

North Fork Broad Run ........ *304

Tributary to Stallion Branch:

At the confluence with Stallion Branch ......................... *260

Approximately 0.44 mile upstream of the confluence

with Stallion Branch ........... *260

Maps available for inspection at the Loudoun County

Building, Building & Development Department, 1 Harrison Street, S.E., Leesburg,

Virginia.

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance.’’)

Dated: January 30, 2001.

Margaret E. Lawless,

Acting Executive Associate Director for

Mitigation.

[FR Doc. 01–3922 Filed 2–15–01; 8:45 am]

BILLING CODE 6718–04–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 1, 2 and 25

[ET Docket No. 98–206; FCC 00–418]

Fixed Satellite Service and Terrestrial

System in the Ku-Band

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document permits nongeostationary satellite orbit (‘‘NGSO’’)

fixed-satellite service (‘‘FSS’’) providers

to operate in certain segments of the Kuband, and adopts rules and policies to

govern such operations. NGSO FSS can

provide a variety of new services to the

public, such as high speed Internet

access, plus other types of high speed

data, video and telephony services.

NGSO FSS can bring advanced services

to rural areas. This document also

concludes that a new terrestrial fixed

Multichannel Video Distribution and

Data Service can share the 12.2–12.7

GHz band with satellite operations

without causing harmful interference.

DATES: Effective March 19, 2001.

FOR FURTHER INFORMATION CONTACT: Tom

Derenge, Office of Engineering and

Technology, (202) 418–2451 and

Jennifer Gilsenan, International Bureau,

(202) 418–0757.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Order, ET

Docket 98–206, FCC 00–418, adopted

November 29, 2000, and released

December 8, 2000. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Information Center, Room CY–A257,

445 12th Street, S.W., Washington, DC,

and also may be purchased from the

Commission’s duplication contractor,

International Transcription Service,

(202) 857–3800, 1231 20th Street, N.W.

Washington, DC 20036.

Summary of the Report and Order

1. The First Report and Order (‘‘First

R&O’’), permits non-geostationary

satellite orbit (‘‘NGSO’’) fixed-satellite

service (‘‘FSS’’) providers to operate in

certain segments of the Ku-band, and

adopt rules and policies to govern such

operations. It also adopts technical

criteria so that NGSO FSS operations

can share spectrum with incumbent

services without causing unacceptable

interference to them and without

unduly constraining future growth of

incumbent services or NGSO FSS

system flexibility. Finally, the

Commission concludes that a new

terrestrial fixed Multichannel Video

Distribution and Data Service

(‘‘MVDDS’’) can operate in the 12.2–

12.7 GHz band on a non-harmful

interference basis with incumbent

Broadcast Satellite Services (‘‘BSS’’),

and on a co-primary basis with the

NGSO FSS. By these actions, we

provide for the introduction of new

advanced services to the public,

consistent with our obligations under

Section 706 of the 1996

Telecommunications Act, and promote

increased competition among satellite

and terrestrial services.

NGSO FSS Gateway Bands

2. We find that we can permit

deployment of NGSO FSS gateway earth

stations and also protect the continued

use and growth by terrestrial operations

in the proposed bands. To accomplish

this, we are limiting gateway use of the

12.75–13.25 GHz band to the 12.75–

13.15 GHz and 13.2125–13.25 GHz band

segments. Further, we are permitting

gateway use of the 13.75–13.8 GHz

band. Finally, we will permit service

link, as well as gateway, use of the 14.4–

14.5 GHz band. We recognize, however,

that deployment of service links in the

10.7–11.7 GHz, 12.75–13.15 GHz,

13.2125–13.25 GHz, and 13.75–14.0

GHz bands could hinder future

terrestrial service deployment in those

bands. Therefore, to avoid the

ubiquitous deployment of earth stations,

we find it appropriate to allow only

gateway earth station operations for

NGSO FSS in those four bands. Further,

because gateway earth stations will be

located at sites readily identified to

other users of the bands, this action

increases the potential for co-frequency

operation. We define NGSO FSS

gateway earth stations as those earth

stations that do not originate or

terminate traffic, but interconnect

multiple non-collocated user earth

stations operating in frequency bands

other than designated gateway bands,

through a satellite with other primary

networks, such as the public switched

telephone network and Internet

networks. That is, gateway earth stations

will be required to operate in a manner

that supports the switching and routing

functions of the NGSO FSS system as a

whole, as do feeder links for mobilesatellite systems or hub operations for

very small aperture terminal (‘‘VSAT’’)

networks.

3. Thus, we are adopting a functional

definition for earth station use of this

band, which should provide for various

NGSO FSS system designs, regardless of

what terminology is used by an

applicant to describe the facility.

Moreover, each NGSO gateway antenna

will be required to meet an antenna

performance standard of 29–25 log theta

(θ) dBi in all directions, where theta (θ)

is the earth station antenna off-axis

angle relative to the main lobe of the

antenna. We find that adopting this

antenna performance standard will

ensure that NGSO gateway antennas

focus their signals in the desired

direction without the need for minimum

antenna size requirements, which could

hinder innovation and flexibility.

Additionally, to facilitate coordination

with terrestrial facilities, we adopt our

proposal requiring a single gateway

complex to be located within an area of

one second latitude by one second

longitude. This requirement, which also

applies to GSO FSS earth station sitings,

facilitates earth station and terrestrial

coordination in shared bands by

specifying very limited areas for

gateway antennas. Gateway antennas

10602 Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations

outside of these areas will be considered

as separate gateway complexes for the

purposes of coordination with terrestrial

services and for licensing purposes.

Nevertheless, these interconnected

gateway antennas could be under

multiple licenses, or considered as a

single gateway complex.

4. We do not find it is necessary at

this time to limit the number of NGSO

FSS earth stations that should be

allowed to use the 10.7–11.7 GHz,

12.75–13.15 GHz, 13.2125–13.25 GHz,

and 13.75–14.0 GHz bands. The

applications that have been filed for Kuband NGSO FSS systems do not reflect

a need for a significant number of

gateway stations. Therefore, the gateway

earth station definition adopted here

should be sufficient to prevent

ubiquitous deployment of NGSO FSS

earth stations in those bands.

Nevertheless, as the NGSO FSS service

grows to meet increasing capacity

demands, any NGSO FSS network

architecture changes resulting in a

significant increase in the number of

gateway stations can be addressed at

that time. Finally, we clarify that this

gateway definition applies only to

NGSO FSS earth stations and not to

GSO FSS operations in these bands.

Although GSO FSS systems may operate

gateway or hub earth stations that have

some of the same characteristics as

NGSO FSS gateway earth stations, GSO

FSS earth stations operating in these

bands are subject to separate

requirements.

NGSO FSS Gateway Downlink Band:

10.7–11.7 GHz

5. We note that the International

Telecommunications Union ‘‘

Radiocommunication Sector (‘‘ITU–R’’)

studied the necessary criteria and power

flux density (‘‘PFD’’) limits to allow

NGSO FSS satellite downlinks to share

spectrum with terrestrial fixed service

(‘‘FS’’) operations. In particular,

Working Party 4–9S reached agreement

on a set of PFD limits in April 1999 that

are adequate for the protection of the FS

in the 10.7–12.75 GHz band from the

aggregate of interference from GSO FSS

systems and multiple NGSO FSS

systems. The ITU–R studies considered

various sharing issues between FS

operations and NGSO FSS operations,

including typical FS operation margins

with automatic transmit power control

(ATPC), the aggregate effect of multiple

NGSO satellites, and other factors

leading to interference concerns. The

PFD limits agreed upon within the ITU–

R for the 10.7–11.7 GHz band have been

affirmed by 2000 World Radio

Conference (‘‘WRC–2000’’).

6. These PFD limits were derived

based on the operating characteristics of

a majority of the FS links in the 10.7–

12.75 GHz band. Based on the findings

of the ITU–R, the decision taken at

WRC–2000, and the record in this

proceeding, we find that these PFD

limits are adequate to protect the vast

majority of terrestrial FS operations in

the 10.7–11.7 GHz band from NGSO

FSS satellite transmissions. Therefore,

we adopt the ITU–R recommended PFD

limits for NGSO FSS systems operating

in the 10.7–11.7 GHz band. (See

paragraph 38 of First R&O.)

Additionally, we note that these PFD

values are the same as those governing

GSO operations in this band, except the

NGSO PFD limits must be met in a 1

megahertz rather than a 4 kilohertz

reference bandwidth. We are also

modifying the GSO PFD limits to protect

terrestrial services in § 25.208(b) of the

Commission’s Rules to a 1 megahertz

reference bandwidth.

7. We conclude that the PFD limits

adopted here do not need to be

tightened to address mainbeam-tomainbeam interference situations.

Tighter PFD limits might overly

constrain the NGSO FSS operations.

Instead, any protection needed for the

small number of FS links that might

suffer from mainbeam interference can

be accomplished on a case-by-case

basis. For example, depending on the

specific circumstances, several

techniques may be used to mitigate

mainbeam interference situations: (1)

the FS link could be modified so that

the operating margins or antennas can

overcome any satellite interference; (2)

NGSO FSS satellites could avoid

transmitting mainbeam signals in the

direction of the incumbent FS links

pointed at their orbital path; (3) FS

operations may be moved slightly to

avoid mainbeam interference alignment;

and (4) the FS link could be adjusted so

that the ATPC level allows sufficient

margin to overcome satellite

interference.

8. In frequency bands with co-primary

services, new entrants in a band must

coordinate their operations with

incumbent operations in order to

minimize the possibility of harmful

interference between the sharing

services. Therefore, new NGSO FSS

applicants that operate in bands used by

the FS must ensure that their operations

will not result in harmful interference to

incumbent operations. In most cases,

the PFD limits we are adopting should

ensure this result. Because NGSO FSS

systems will have different operational

characteristics (e.g., different minimum

angles of operation), each NGSO FSS

licensee will have to determine whether

incumbent FS operations with elevation

angles more than 5 degrees above the

horizon will be affected and will be

responsible for avoiding interference to

incumbents, including possible

mainbeam to mainbeam alignments.

Likewise, if FS links are to be licensed

after commencement of NGSO FSS

operations, the FS applicant will be

responsible for designing the link to be

compatible with satellite operations,

including possible mainbeam to

mainbeam alignments. We are

particularly concerned with incumbent

FS operations that are used for public

and other types of safety services. For

these types of services, even rare

interference occurrences could create an

unacceptable public or safety hazard;

thus, these operations should be

protected from harmful interference.

Coordination of NGSO FSS with FS

Stations

9. We conclude that coordination is

important for sharing between NGSO

gateway stations and terrestrial

operations, and that both NGSO FSS

and terrestrial interests will rely equally

on coordination to protect their

operations. The coordination

procedures for FSS and terrestrial FS

operations are specified in Parts 25 and

101 of our rules, respectively. These

procedures outline the steps that an

applicant must take in the coordination

process, and are explained in more

detail below. After reviewing the record

and current coordination rules, we

conclude that the current procedures,

with some modification, shall be used to

coordinate NGSO FSS and FS

operations.

10. The coordination procedures for

terrestrial FS operations with satellite

operations are set forth in §§ 101.21(f)

and 101.103 of the Commission’s Rules.

Generally, § 101.103 requires entities to

complete coordination prior to filing an

application for authorization. The

applicant must, through appropriate

analysis, select operating characteristics

to avoid interference in excess of

permissible levels to other spectrum

users. Section 101.103 also outlines the

notification and response elements of

the coordination process, where

applicants provide relevant information

on their proposed operation to other

potentially affected entities. Section

101.21(f) further outlines the

coordination process for FS links

sharing spectrum with satellite services.

The FS applicant must first determine if

its proposed link would lie within the

coordination contour of existing satellite

service earth stations. The applicant

must also ensure that its proposed

operations would not exceed the

Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations 10603

permissible level of interference

allowed by our rules. We find that the

information specified and the process

outlined in Part 101 of our rules are

adequate for coordination between FS

operations and satellite operations and

do not need modification.

11. We are revising some of the Part

25 coordination rules for satellite

operations to accommodate new NGSO

FSS systems. The Commission found

that because the international

coordination procedures contained in

Appendix S7 of the ITU Radio

Regulations (‘‘RR’’) changed frequently,

it would simply reference Appendix S7

in our rules. Therefore, we amend

§ 25.203 to reflect that information

regarding calculation of coordination

information can be found in Appendix

S7 of the ITU RR and to reflect the

relevant NGSO gateway station

coordination information that must be

provided to terrestrial users.

12. Appendix S7 has been modified at

WRC–2000 to account for coordination

between NGSO FSS operations and FS

operations. The ITU has developed

modified procedures Recommendation

ITU–R IS.849 (‘‘IS.849’’) to the ITU

method of calculating coordination

contours to account for the

characteristics of NGSO versus GSO

systems. If FS entities believe that

changes to Appendix S7 are not

sufficient to address the coordination

situation in the United States, they can

request that we revisit the coordination

procedures for this band. Therefore,

other than amending Part 25 to consider

NGSO FSS sharing with FS systems, we

will make no other changes in our

coordination process for operations in

the 10.7–11.7 GHz portion at this time.

13. Regarding the use of radio

frequency (‘‘RF’’) shielding, we find that

RF and terrain shielding will be useful

tools in the coordination and

deployment of NGSO FSS gateway

stations. However, we find that

mandatory shielding requirements

would be unnecessarily burdensome on

NGSO FSS operations. Further,

although ‘‘virtual shielding’’ may

encourage NGSO FSS entities to site

their gateways to take advantage of

natural terrain shielding, it would place

the burden solely on the NGSO entity to

provide for shielding in order to share

with FS operations. Our coordination

and service rules already require

Commission applicants and licensees to

deploy their operations in such a

manner as to avoid harmful interference

to other spectrum users, to cooperate

fully and make reasonable efforts to

resolve technical problems that may

inhibit the most efficient use of the

spectrum, and to avoid blocking the

growth of systems as prior coordinated.

Therefore, we encourage entities that

wish to use the 10.7–11.7 GHz band to

use various types of shielding to meet

these requirements. In particular,

because NGSO FSS gateway operations

do not focus their signals in a single

direction like FS operations, we

encourage them to accept shielding by

subsequent FS entrants if the FS entity

agrees to pay for it, as suggested by

SkyBridge.

Gateway Siting Restrictions

14. We conclude that the record

supports the adoption of some

restrictions on NGSO FSS deployment

in the 11 GHz and 13 GHz gateway

bands in specified geographic areas in

order to protect incumbent services use

of the bands. Because any restrictions

on gateway stations using downlink

bands would apply as a practical matter

to their corresponding uplink bands,

any regulatory scheme to promote

spectrum sharing between NGSO FSS

gateway operations and incumbent

operations needs to address the needs of

incumbent operations in both the uplink

and downlink bands. The record

indicates that geographic protection

zones will not only benefit FS

operations in the 11 GHz band,

including both incumbent operations

and those that will relocate from other

bands, but also Broadcast Auxiliary

Service (‘‘BAS’’) and Cable Television

Relay Service (‘‘CARS’’) operations in

the 12.75–13.25 GHz band. TV stations

in major metropolitan areas, for

example, may need some form of

protection in specified geographic areas

to ensure that TV stations will be able

to deploy new BAS operations to

accommodate the transition to digital

TV.

15. We agree with the majority of

commenters that the growth zone

concept, which focuses on coordination

procedures to protect incumbent

services within specified geographic

areas, would provide a more efficient

and flexible approach to band sharing

than exclusion zones in most cases. We

also concur with commenters that the

implementation of the growth zone

concept would appropriately be

included in existing coordination

procedures, which would not require

direct Commission involvement.

Nonetheless, we conclude that, based on

the record here, the growth zone

concept needs further analysis in order

to address better the needs of all

affected parties. We also must analyze

whether, in order to provide equitable

band sharing with mobile and

temporary fixed BAS and CARS

operations in the 13 GHz band, the

growth zone concept has to include

some exclusion areas for siting NGSO

FSS gateway stations or whether other

coordination methods may promote

band sharing between these services.

Thus, in a future separately docketed

proceeding, we will evaluate methods

for defining growth zones that serve all

interested parties in the NGSO FSS

gateway bands (10.7–11.7 GHz, 12.75–

13.25 GHz, and 13.8–14.0 GHz bands).

Restrictions on GSO FSS Operations

16. We are adopting our proposals to

remove the international requirement

for NGSO FSS systems in the 10.7–11.7

GHz band and to permit such systems

to use the entire band. These proposals

were broadly supported, and the record

demonstrates that the band can be

shared by the NGSO FSS and FS. We

also find persuasive the arguments of

the FS community that expanded GSO

FSS use of this band should not be

permitted. We believe that FS growth

could be significantly inhibited if we

were to authorize domestic and

international GSO FSS use of the entire

band because of the large number of

GSO earth stations that would likely be

deployed. Further, we find that other

bands that are available for FSS

downlink use are adequate to ensure

GSO FSS growth. Accordingly, we

adopt our proposals and limit domestic

and international FSS use of the entire

10.7–11.7 GHz band to NGSO FSS

gateways. GSO FSS earth stations will

continue to operate internationally in

accordance with NG104.

NGSO/GSO FSS Downlink Sharing

17. After evaluating the extensive

record in this proceeding, including the

work of the ITU–R study groups and the

results of the WRC–2000, we find that

the compromise solutions reached in

the international meetings provide the

basis to allow NGSO FSS operations to

share successfully with GSO FSS

networks without causing unacceptable

interference. The specific technical

conclusions from these meetings, which

are included in the record in this

proceeding and have been incorporated

into the Provisional Final Acts of WRC–

2000, represent the most comprehensive

and current studies on NGSO FSS and

GSO FSS co-frequency operations to

date. We conclude that these power

limits, which include single-entry

equivalent power flux density

(‘‘EPFD’’)down limits and aggregate

EPFDdown limits for NGSO FSS

operations, adequately protect GSO FSS

operations and we will require NGSO

FSS systems to comply with each type

of limit, as appropriate. In addition, we

find that the single-entry and aggregate

10604 Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations

EPFD limits we are adopting also define

the level of acceptable interference from

a NGSO FSS system into a GSO FSS

system under our rules.

18. Further, we note that WRC–2000

modified footnotes S5.441 and S5.484A

to indicate that NGSO FSS applications

are subject to standard ITU coordination

under S9.12 with other NGSO FSS

systems. These footnotes also state that

NGSO FSS systems shall not claim

protection from GSO systems operating

in accordance with the ITU Radio

Regulations and that NGSO FSS systems

shall operate in such a way that any

unacceptable interference that may

occur during their operations shall be

rapidly eliminated. We find that the

modifications to footnotes S5.441 and

S5.484A are consistent with our

decisions in this document and,

accordingly, adopt the WRC–2000

version of these footnotes in our Table

of Frequency Allocations.

Single-Entry EPFDdown Limits

19. Single-entry limits define the

EPFDdown limits that must be met by

each NGSO FSS system resulting from

emissions from all satellites in the

system. There are 3 elements

comprising the single-entry limits that

must be met by each NGSO FSS system:

(1) ‘‘validation’’ EPFDdown limits, as well

as more stringent ‘‘validation’’ EPFDdown

limits for specific size antennas located

at high latitudes; (2) ‘‘operational’’

EPFDdown limits, which protect against

synchronization loss (‘‘sync loss’’) in

GSO FSS earth stations between 3 and

18 meters in diameter; and (3)

‘‘additional operational’’ EPFDdown

limits, or ‘‘operational masks’’ for 3

meter and 10 meter GSO FSS earth

stations. It is the combination of these

single entry limits with the aggregate

limits discussed below that provides

adequate protection of GSO FSS

networks from NGSO FSS interference.

20. The limits adopted by WRC–2000

were developed using the agreed upon

criteria developed by the ITU–R. The

JTG 4–9–11 (1) studied the

characteristics of the GSO FSS systems

to be protected, (2) defined protection

criteria for GSO FSS systems, and (3)

based on these parameters, determined

the level of interference that could be

accepted from NGSO FSS systems. We

find, based upon the technical work

adopted by the WRC–2000 and the

record developed in this proceeding,

that the international consensus singleentry EPFDdown limits for 0.6, 1.2, 3, and

10 meter GSO FSS receive earth station

antennas are appropriate for adoption

domestically. Specifically, we believe

that NGSO FSS adherence to the three

elements of the single entry limits (i.e.,

validation limits, operational limits, and

additional operational limits), as well as

the aggregate limits discussed below,

will adequately protect GSO FSS

networks. We adopt these limits as new

rule §§ 25.208(g), 25.208(i), and

25.208(j) of the Commission’s Rules.

GSO FSS Reference Earth Station

Antenna Pattern

21. The GSO FSS earth station

antenna pattern is an important

component in the assessment of

interference from NGSO satellites into

GSO FSS earth station receivers. The

new GSO FSS reference pattern differs

from the requirement currently

specified in § 25.209 of the

Commission’s Rules. The Section 25.209

requirement was developed to facilitate

GSO to GSO sharing where a constant

level of interference is present. The new

reference pattern, on the other hand,

takes into account the transient nature

of NGSO FSS interference by averaging

the peaks and nulls of a GSO FSS earth

station antenna, rather than

conservatively specifying an envelope of

the sidelobe peaks. Accordingly, we will

incorporate the new GSO FSS reference

antenna pattern in the rules for

EPFDdown. This new pattern will be

assumed whenever interference

assessments between GSO FSS and

NGSO FSS systems are performed. We

do not see the need, however, to modify

the antenna performance standards

contained in § 25.209 of the

Commission’s Rules. This requirement

remains applicable to sharing scenarios

involving a constant level of

interference (e.g., GSO to GSO sharing)

and will continue to be the standard

used for FSS earth station licensing.

Domestic Implementation of SingleEntry Limits

22. We are adopting implementation

procedures for single-entry validation

limits and a separate set of procedures

for operational and additional

operational limits. We believe that the

specific implementation measures

discussed will ensure that NGSO FSS

systems will indeed adhere to the

applicable EPFD limits. In addition to

ensuring protection of GSO FSS

networks, the implementation

framework will assist the Commission

in its need to confirm to the ITU that the

appropriate limits are being met.

Further, it will enable the quick

identification of any NGSO FSS

operations in excess of the single-entry

limits.

Domestic Implementation of SingleEntry Validation EPFDdown Limits

23. As the notifying Administration to

the ITU for U.S.-licensed NGSO FSS

systems, we need to be confident that

the NGSO FSS system information we

send to the Radiocommunications

Bureau of the ITU (‘‘ITU–BR’’) is

accurate and that the validation test

used domestically is the same as that

used by the ITU–BR and other

Administrations. These assurances will

provide consistency in the output of the

validation test and enable these results

to be reproduced by all affected

Administrations. Therefore, we will

require each NGSO FSS applicant to

demonstrate prior to licensing that it

meets the EPFDdown validation limits.

Further, we agree with commenters that

the software used for the validation test

should be developed in accordance with

the ITU software specification contained

in ITU–R Recommendation BO.1503.

24. Specifically, each NGSO FSS

applicant shall provide the following

information, detailed in § 25.146(a)(1) of

the Commission’s Rules, to the

Commission: (1) output of the validation

test consisting of cumulative density

function curves of EPFDdown as a

function of percentage of time not to be

exceeded; (2) comparison of output/

results to ‘‘validation’’ EPFDdown limits;

(3) PFD mask used as input parameter

in simulation; (4) identification and

description of assumptions and

conditions used in generating the PFD

mask; (5) other NGSO FSS system input

parameters required for the execution of

the software, and (6) actual software

used by the NGSO FSS operator in

implementing the ITU–R

Recommendation BO.1503 software

specification, including the source code

and the compiled executable program.

The Commission will verify this

information. Once we are satisfied that

the NGSO FSS applicant has

demonstrated its ability to comply with

the validation EPFDdown limits, we will

submit the required information to the

ITU–BR. As noted above, the ITU–BR

will then use this information to make

its own determination of compliance

with the validation limits.

Domestic Implementation of

Operational and Additional

Operational EPFDdown Limits

25. We will require each NGSO FSS

licensee to demonstrate that it meets the

operational and additional operational

limits prior to the NGSO FSS system

being placed into service. Indeed, much

of the critical protection to GSO FSS

networks comes from the operational

and additional operational limits that

Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations 10605

will not be subject to ITU verification.

We find this demonstration is necessary

prior to the NGSO FSS becoming

operational because it: (1) provides the

FCC assurance that the NGSO FSS

system will be built in accordance with

FCC rules; (2) provides incumbent

operators assurance that they will not

receive unacceptable interference; (3) in

the case of the additional operational

limits, enables the Commission to make

the required commitment to the ITU–

BR; and (4) reduces the likelihood that

the Commission would need to apply

remedial measures to bring an

operational system into compliance.

Moreover, we believe a comprehensive

demonstration of compliance with both

the operational and additional

operational limits is warranted due to

the infancy of NGSO FSS systems. Once

the Commission and industry gain

experience through actual operation of

these new systems, the Commission

may choose to revisit the requirement

for such a detailed demonstration prior

to an NGSO FSS system becoming

operational. Authority to operate the

space station segment will be

conditioned on the NGSO FSS licensee

submitting to the Commission 90 days

prior to the initiation of service, a

demonstration that its system is

expected to meet the operational and

additional operational limits, see

§ 25.146(b) of the Commission’s rules.

26. We find that there is no need for

the Commission to develop additional

procedures or remedies in cases where

NGSO FSS systems exceed the

operational and additional operational

EPFDdown limits that we are adopting.

NGSO FSS operations that exceed these

limits will be in violation of §§ 25.208(i)

and 25.208(j) of the Commission’s

Rules, as well as in violation of its

Commission authorization. Therefore,

the NGSO FSS licensee will already be

subject to appropriate sanctions by the

Commission.

27. We do believe, however, that in

the event that a NGSO FSS satellite

exceeds the operational or additional

operational EPFDdown limits, it is

important that GSO FSS operators have

the information necessary to locate

satellites in each NGSO FSS

constellation at any given time. Such

information will allow the GSO FSS

operator to correlate any alleged

interference with a specific satellite in

an NGSO FSS system. This information,

or ephemeris data, is already used by

NGSO FSS customers to establish the

communications link between the user

terminal and the NGSO satellite as it

moves across the horizon, and so it

should not be an additional burden on

NGSO FSS system operators. Therefore,

we will require that NGSO FSS

licensees publish their satellites’ orbital

elements in the North American

Aerospace Defense Command (NORAD)

2-line element format on an Internet

web site maintained by the NGSO FSS

licensee. The 2-line element format for

many existing satellites is already being

generated by NORAD and distributed by

NASA via the NASA Prediction

Bulletin. Moreover, the 2-line element

set can be used together with NORAD’s

Simplified General Perturbation-4

(SGP4) orbital model, or similar

programs, to determine the position and

velocity of the associated satellite. We

recognize that the NGSO FSS

constellation is constantly moving, and

so we will require that the NORAD 2-

line element data be updated every

three days so that the most accurate

information is published. These

procedures are outlined in new

§ 25.271(e) of the Commission’s Rules.

Aggregate EPFDdown Limits

28. We find that the cumulative level

of interference from all co-frequency

NGSO FSS systems, (i.e. the aggregate

level), is what must be limited.

Therefore, we adopt aggregate validation

EPFDdown limits in addition to the

single-entry EPFDdown limits. These

limits are contained in § 25.208(h). In

fact, the single-entry EPFDdown

validation limits contained in

§ 25.208(h) were derived from these

aggregate validation EPFDdown limits

using the methodology contained in

ITU–R Recommendations and assuming

a conversion factor of 3.5. We find use

of the 3.5 conversion factor is

appropriate because it takes into

account the way in which interference

from multiple systems aggregates into a

GSO FSS earth station antenna,

recognizing that the interference is not

strictly additive in a linear or power

sense. The ITU–R agreed that ‘‘[a] value

of 3.5 for Neffective was to be used to

determine the final values of singleentry EPFDdown versus percentage of

time to be applied in bands currently

covered under Resolution 130 (WRC–

97). This value is to be used solely for

the purpose of deriving single-entry

EPFDdown masks from aggregate

EPFDdown masks and is not a

representation of the actual number of

non-GSO FSS systems that can share a

given frequency band.’’

29. Although we agree on the

importance of requiring NGSO FSS

systems to meet aggregate limits, we see

many practical difficulties in actually

verifying compliance with aggregate

limits of any kind. We will not require

a demonstration of NGSO FSS

compliance with the aggregate limits at

this time. Rather, we will require each

NGSO FSS licensee to certify to us that

it will meet the limits set out in

§ 25.208(h). We note that this issue is

the subject of further study within the

ITU–R. In the future, as these studies

progress, we may require each NGSO

FSS applicant to demonstrate its ability

to meet the aggregate EPFDdown limits

contained in § 25.208(h) of the

Commission’s Rules. We, therefore,

place NGSO FSS applicants on notice

that the requirement for such a

demonstration will be addressed, as

necessary in the NGSO FSS to NGSO

FSS rule making or in the NGSO FSS

authorization itself.

Protection of Very Large Earth Station

Antennas

30. We recognize that the ITU–R

studies in this area are the most

extensive to date and find the

agreements to be appropriate for

adoption domestically as well.

Accordingly, coordination will be

required between specific GSO FSS

earth stations and NGSO FSS systems

meeting the conditions specified in

§ 25.146(f).

31. While we are not adopting

coordination procedures for antennas

between 10 and 18 meters, as originally

proposed in the NPRM, we did adopt

operational EPFDdown limits which

would provide protection to these GSO

FSS earth stations. Information from the

Commission’s earth station database

reveals that the number of earth station

antennas greater than 10 meters in

diameter is very small—approximately

20 corresponding to 0.5% of the earth

stations licensed by the Commission in

the 11.7–12.2 GHz band. Further, almost

all of the GSO FSS earth station

antennas larger than 10 meters in

diameter have been in operation for

many years, utilize older technology,

and are likely to be phased out over

time. This is because advances in

satellite earth station technology have

given way to today’s use of smaller, less

costly earth station antennas. We

believe it would be detrimental to the

nascent NGSO FSS service to adopt

EPFDdown masks or require coordination

to protect the limited number of earth

stations that are between 10 and 18

meters in diameter. As recognized by

the GSO FSS entities, in the unlikely

event of NGSO FSS interference into

this limited number of earth stations,

GSO FSS operators would have the

opportunity to mitigate against any

interference.

Protection of Inclined Orbit Operations

32. The ITU–R concluded that no

additional protection is needed for earth

10606 Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations

stations operating with GSO FSS

satellites inclined up to 2.5 degrees.

Operations with GSO FSS satellites

inclined greater than 2.5 degrees and

less than or equal to 4.5 degrees would,

however, receive additional protection

through the operational limits. We

believe this is the appropriate approach

for adoption domestically and have

incorporated these operational EPFDdown

limits into our Rules. Protection of

operations for GSO FSS satellites

inclined greater than 4.5 degrees is more

difficult because inclined operations

basically extend the north-south

extension of the geostationary satellite

orbit. However, the number of U.S.

licensed satellites that continue to

provide service while at inclinations

greater than 4.5 degrees is extremely

limited, and § 25.280 of the

Commission’s Rules does not provide

additional protection to GSO FSS

satellites beyond that provided to GSO

FSS satellites that are operating without

inclination. Thus, we do not adopt

specific protection requirements for

GSO operations inclined beyond 4.5

degrees. However, we urge both NGSO

and GSO operators to make good faith

efforts to coordinate their respective

operations.

Protection of GSO FSS Telemetry,

Tracking and Command

33. Because of the critical nature of

transfer orbit operations, we adopt the

proposal in the Notice of Proposed Rule

Making (NPRM), 64 FR 1786 January 12,

1999, to require consultation between

GSO FSS and NGSO FSS licensees to

minimize the impact of interference.

The impact of NGSO FSS operation on

GSO FSS transfer orbit operations will

be infrequent and of a short time period,

therefore, these events can be

coordinated ahead of time in order to

avoid unacceptable interference. With

respect to emergency TT&C operations,

there was agreement within the ITU–R

that, during emergency operations in

general, any GSO or NGSO FSS operator

should be allowed to use any means

necessary to regain communications

with the satellite. We agree with this

position because the measures required

to reacquire communications and regain

control of the GSO satellite cannot be

predetermined. Although we do not

adopt any specific measures for NGSO

FSS systems to protect GSO FSS

systems during emergency telemetry,

tracking and command (‘‘TT&C’’)

operations, we urge both GSO FSS and

NGSO FSS operators to coordinate with

each other if such a situation were to

occur. The ITU–R, however, was not

conclusive with respect to the

protection of the operational phase

TT&C. There has not been any

demonstration that leads us to believe

that the telemetry downlinks will not be

protected by the EPFDdown limits we

adopt today. We will not, therefore,

adopt specific measures for NGSO FSS

protection of GSO FSS telemetry

downlink operations at this time. We

will closely follow, however, the

ongoing work within the ITU–R and

consider its conclusions in the

development of conditions, if necessary,

to be placed on NGSO FSS licensees.

NGSO FSS Gateway Uplink Bands:

12.75–13.25 GHz

34. We will permit NGSO FSS

gateway uplink stations to operate in the

12.75–13.25 GHz band on a co-primary

basis with incumbent users, except that

we will not allow NGSO FSS to operate

at 13.15–13.2125 GHz. We also

conclude that although we will permit

NGSO FSS operations in this band, we

will not remove the requirement that

GSO FSS operations be limited to

international systems. As we discussed

regarding the 10.7–11.7 GHz band, we

believe that the growth of incumbent

services would be significantly

inhibited if we were to authorize

domestic and international GSO FSS

use of the 12.75–13.25 GHz band, due

to the large number of GSO FSS earth

stations that would likely be deployed,

and we note that other bands are

available for GSO FSS growth.

NGSO FSS Gateways Sharing With

BAS Operations

35. Because BAS operations have

primary allocation status in the 12.75–

13.25 GHz band, such incumbent

operations are entitled to interference

protection from NGSO FSS gateway

uplinks. Further, we find that it is

important to allow BAS operations to

maintain flexibility in establishing

temporary links and operating mobile

ENG operations. As discussed, some

form of geographic protection area will

be developed for locating NGSO FSS

gateway earth stations that should

prevent NGSO FSS gateways from

hindering mobile and temporary fixed

BAS use of this band. We conclude that

fixed BAS and CARS operations can

coordinate with NGSO FSS gateway

stations, and new coordination

procedures for use by these services

must be developed.

36. Regarding protection of mobile

BAS operations, we note that § 74.602 of

our rules provides for the exclusive use

of channels A19, A20, B19 and B20 in

the 13.15–13.2125 GHz band by TV BAS

and CARS pickup operations within 50

km of the top 100 television markets. In

order to permit BAS and CARS entities

to continue remote pickup operations

throughout the U.S., we are extending

exclusive use of the 13.15–13.2125 GHz

band for BAS and CARS pickup

operations to all 211 TV markets,

thereby precluding NGSO FSS

operations from this band segment. We

find that this will not have a significant

impact on NGSO FSS satellite

operations because of the remaining

amount of gateway uplink spectrum

being made available. We take this

action with the expectation that BAS

mobile operations, especially those in

TV markets where BAS is not

extensively deployed, will concentrate

their mobile use on the four channels in

the 13.15–13.2125 GHz band, thereby

leaving the remaining portion of the

12.75–13.25 GHz band spectrum

available for NGSO FSS use.

NGSO FSS Gateway Coordination With

Terrestrial Operations

37. We conclude that NGSO FSS

gateway uplink stations can operate in

the 12.75–13.15 GHz and 13.2125–13.25

GHz bands on a co-primary basis with

FS operations, using coordination

procedures. As an initial matter, we find

that Part 74 and Part 78 terrestrial fixed

operations should be able to coordinate

with NGSO FSS gateway stations under

the coordination procedures set forth in

Part 101 and Part 25. As we discussed,

NGSO FSS and fixed operations in the

10.7–11.7 GHz band will be able to

coordinate their operations under the

procedures in Part 101 for fixed

operations and Part 25 for satellite

operations. The NGSO FSS and fixed

operations in the 12.75–13.25 GHz band

are technically similar to operations in

the 11 GHz band; thus, coordination

with fixed links at 13 GHz under

existing procedures also is possible. Part

74 BAS operations and Part 78 CARS

operations have their own coordination

procedures, but these procedures do not

provide for sharing with NGSO FSS

operations, and existing coordination

procedures for FSS operations do not

address coordination between satellite

and mobile or BAS and CARS

operations. For example, BAS is often

licensed for the entire 12.7–13.25 GHz

range, providing flexibility to coordinate

temporary operations locally with other

licensees in the band. While these

procedures have worked with regard to

fixed operations because unused

individual channels can be identified

and made available on an informally

coordinated basis to the mobile BAS

operation, we believe that this type of

coordination flexibility for BAS could

be difficult to achieve with NGSO FSS

gateway uplink stations, which may use

all available frequencies in an area.

Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations 10607

Therefore, we conclude that new

coordination procedures need to be

developed for sharing between NGSO

FSS and BAS and CARS operations in

the 12.75–13.25 GHz band. Accordingly,

we are deferring to a later proceeding a

decision on specific coordination

procedures that will be used for BAS/

CARS and NGSO FSS operations in this

band. Further, we will not license any

NGSO FSS earth station in the 12.75–

13.15 GHz and 13.2125–13.25 GHz

bands until appropriate coordination

rules are adopted.

NGSO FSS Gateways Sharing With

GSO FSS Uplinks

38. NGSO FSS systems will have to

meet the same EPFDup limit at the

geostationary satellite orbit, regardless

of whether the NGSO FSS system

transmission emanates from a gateway

or user earth station facility. In order to

protect uplinks to GSO FSS satellites,

we adopt the single-entry validation

EPFDup limits as adopted by WRC–2000,

as new rule § 25.146(h). The definition

of EPFDup includes information

regarding the GSO satellite receive

antenna directivity for the same reason

that the GSO FSS receive earth station

antenna pattern is included in the

EPFDdown definition. Specifically,

accounting for GSO FSS satellite

antenna directivity limits the number of

NGSO FSS earth stations contributing

interference in the direction of the GSO

satellite and provides a more realistic

calculation of the interference level

received. Further, the reference GSO

FSS space station antenna patterns

contained in ITU–R Recommendation

S.672 were adopted for the calculation

of EPFDup. As noted by Boeing, the JTG

4–9–11 reached a consensus agreement

that the provisional EPFDup limit is

appropriate, even in light of the change

in definition. We also find that the

EPFDup limits we are adopting will also

protect GSO FSS satellites operating in

inclined orbits. We also find that the

same implementation procedures

adopted for the validation EPFDdown

limits described above in the section

titled ‘‘Domestic Implementation of

Single-Entry Validation EPFDdown

Limits’’ are also appropriate for

adoption for the EPFDup limits.

OpTel Petition

39. We find that NGSO FSS gateway

stations should be able to share the

12.75–13.15 GHz and 13.2125–13.25

GHz bands with CARS eligibles,

provided those operations use technical

and operational techniques such as oneway, point-to-point, narrow beam

antenna transmissions, as required

under existing rules, that facilitate

coordination. Some issues that might

affect operations in the 12.75–13.15 GHz

and 13.2125–13.25 GHz bands will be

deferred to a future proceeding, such as

possible geographic protection areas,

some coordination issues, and other

NGSO FSS gateway parameters. We also

note that the Commission has not yet

decided whether to expand CARS

eligibility to include private cable

operator (‘‘PCO’’) operations in the

12.75–13.25 GHz band; this decision

will be made in CS Docket No. 99–250.

Nonetheless, the sharing potential

between NGSO FSS and CARS depends

primarily on the technical and operation

characteristics of the services, not

licensee eligibility. Consequently, we

see no need to defer our decision

regarding NGSO FSS use of this band.

NGSO FSS Gateway Uplink Bands:

13.75–14.0 GHz

40. We adopt our proposal to allow

NGSO FSS Gateway uplink operations

in the 13.8–14.0 GHz band and find that

the agreements at WRC–2000 justify

permitting NGSO FSS Gateway uplink

operations in the 13.75–13.80 GHz

portion as well. Although the

Department of Defense (‘‘DoD’’) and the

National Telecommunications and

Information Administration,

Department of Commerce (‘‘NTIA’’)

express some reservations, they are

primarily concerned about interference

that may be caused to FSS operations

from the radiolocation service. Further,

NTIA is concerned with WRC–2000

changes to footnote S5.502 would

constrain radiolocation operations by

limiting the effective isotropic radiated

power (‘‘e.i.r.p’’). of a radiolocation

station to 59 dBW in all directions,

rather than just in the direction of the

geostationary orbital arch, as previously

required. While these concerns continue

to be an issue that will be addressed at

the 2003 World Radio Conference

(‘‘WRC–2003’’), we see no reason to

withhold this band from NGSO FSS use.

FSS entities were aware of existing high

powered radiolocation operations when

they requested access to this spectrum.

Therefore, we believe FSS systems can

design their satellites to compensate for

incumbent operations and find usable

spectral capacity in this spectrum. At

the same time, FSS entities will not be

permitted to claim protection from

radiolocation operations.

41. At this time, we are not

implementing the specific WRC–2000

changes to footnote S5.502 in our Table

of Frequency Allocations due to

concerns of NTIA. However, some

aspects of the new footnote are worth

adopting, such as removing the

minimum power requirement on FSS

operations in the 13.75–14.0 GHz band.

As stated, FSS licensees are aware of the

interference environment in this band

due to incumbent radiolocation

operations and should be permitted to

operate at lower powers if they can

achieve communications. Therefore, we

are adopting a new footnote US356 that

is the same as the old footnote S5.502

regarding limits on radiolocation

operations, but it removes the minimum

power requirement for FSS operations.

Further, to prevent confusion, we will

delete S5.502 from our Table of

Frequency Allocations.

42. Regarding specific concerns with

tracking data and relay satellite system

(‘‘TDRSS’’) operations in the 13.75–

13.80 GHz portion and the WRC–2000

changes to footnote S5.503, we note that

the 51 dBW/6 megahertz e.i.r.p. density

limit was developed considering TDRSS

operations and should be adequate.

However, NTIA indicates that the

National Aeronautic and Space

Administration (‘‘NASA’’) has

requirements for TDRSS protection

across a 10 megahertz segment at 13.77–

13.78 GHz to accommodate

communications with the International

Space Station. We find it is important to

protect TDRSS operations in this band

because they support missions that

include manned flight. Therefore, we

will extend the e.i.r.p. density limit

across the 10 megahertz segment as

requested by NTIA by adopting new

footnote US357 for all FSS earth

stations, which accomplishes the goals

of S5.503 (WRC–2000), but protects

TDRSS across the 13.77–13.78 GHz

band. Accordingly, we remove footnote

S5.503 from our Table of Frequency

Allocations. We also modify § 25.204(f)

of our Rules to reflect these new power

requirements for FSS operations in the

13.75–14.0 GHz band. We believe this

limit will protect NASA TDRSS

operations from different types of NGSO

FSS systems and not only the SkyBridge

specific design. Nevertheless, we

maintain the requirements of US337

that earth stations in the FSS coordinate

on a case-by-case basis with NTIA’s

Frequency Advisory Subcommittee

(‘‘FAS’’) in order to minimize

interference to TDRSS operations. Any

further interference concerns regarding

NGSO FSS and TDRSS operations can

be addressed further in the coordination

process.

43. We find that the technical

requirements adopted are adequate to

permit spectrum sharing throughout the

13.75–14.0 GHz band. Further, any

additional frequency sharing concerns

can be addressed in the coordination

process of FSS earth stations in the

13.75–14.0 GHz band with Federal

10608 Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations

Government operations through NTIA’s

FAS. FAS coordination will ensure that

FSS earth stations do not interfere with

receiving radiolocation stations, the

TDRSS forward link-to-low earth orbit

satellite (‘‘LEO’’), and the TDRSS

receiving earth stations located at White

Sands Complex, NM and Guam. We

note that FSS earth stations that share

spectrum with Federal Government

operations are required to coordinate

with the FAS to avoid interference

problems to Federal Government

receiving stations. Additionally, FSS

entities will not be permitted to claim

protection from radiolocation

operations.

44. Finally, we adopt the same EPFDup

limits for the 13.75–14.0 GHz band that

we adopt for the 12.75–13.25 and 14–

14.5 GHz bands, as contained in

§ 25.208(k) of the Commission’s Rules.

We find these limits are equally

applicable to both bands because the

sharing environments between NGSO

FSS and GSO FSS systems are similar.

GSO FSS Gateway Uplink Bands: 14.4–

14.5 GHz

45. We find the EPFDup limits that we

are adopting for the 12.75–13.15 GHz

and 13.2125–13.25 GHz bands to permit

sharing between GSO FSS uplinks and

NGSO FSS gateway uplinks to be

equally appropriate to permit such

sharing in the 14.4–14.5 GHz band. We

also find that permitting NGSO FSS

gateway uplink use of the 14.4–14.5

GHz band will not adversely impact

secondary uses of the band. Finally, we

find persuasive SkyBridge’s and Loral’s

contentions that also permitting NGSO

FSS user terminal use of the band is

desirable and will not create an

unacceptable interference risk to

incumbent users. Accordingly, we will

permit NGSO FSS uplink use of the

band by both gateways and user

terminals.

NGSO FSS Gateway Uplink Bands:

17.3–17.8 GHz

46. In the Report and Order in IB

Docket No. 98–172, we allocated the

17.3–17.7 GHz band to the Broadcast

Satellite Service (‘‘BSS’’ also referred to

as Direct Broadcast Satellite, or ‘‘DBS’’)

on a primary basis, effective April 1,

2007. BSS, by definition, is in the

downlink direction only. The

corresponding feeder link frequencies

for BSS are in FSS uplink allocations.

The terms BSS and DBS have the same

meaning, and can be used

interchangeably. While the Region 2

BSS allocation covers the entire 17.3–

17.8 GHz band, we did not allocate the

17.7–17.8 GHz sub-band to BSS

operations because of spectrum

incompatibilities with existing

terrestrial fixed operations in that band.

We agree with EchoStar and DIRECTV

that sharing of the 17.3–17.7 GHz band

by ubiquitous BSS downlinks and

NGSO FSS uplinks would be difficult.

The resulting limitation on the location

of BSS receive earth stations would be

overly restrictive on ubiquitous BSS

receivers. We also find that sharing of

the 17.3–17.7 GHz band between the

radiolocation and NGSO FSS operations

would be problematic. Further, NTIA

requests that the Commission not

authorize any NGSO FSS operations in

the 17.3–17.7 GHz band. As we noted in

the NPRM, the radiolocation service and

GSO BSS feeder links are able to share

this band only because radiolocation

systems operate at powers of less than

51 dBW in the direction of the GSO arc.

Satellites in other orbits could receive

higher levels of interference, as

radiolocation systems will be radiating

indiscriminately in directions outside of

the plane of the GSO arc in a manner

that is not able to be predetermined or

constrained in order to fulfill the

functions of the radiolocation operation.

Accordingly, we decline to allocate the

17.3–17.8 GHz band to the NGSO FSS.

NGSO FSS Service Downlink Bands:

11.7–12.2 GHz

47. As we noted in the NPRM, the

sharing scenario in the 11.7–12.2 GHz

band raises issues similar to those

regarding NGSO FSS gateway

downlinks in the 10.7–11.7 GHz band.

For the reasons discussed above, we

adopt the same EPFDdown limits for

NGSO FSS service downlinks in the

11.7–12.2 GHz band that we are

adopting for NGSO FSS gateway

downlinks in the 10.7–11.7 GHz band.

While NGSO FSS service downlink

stations will be ubiquitously deployed

and will have different antenna

characteristics than the gateway

downlink stations, the EPFDdown limits

were developed to address both types of

operations. We also conclude that since

NGSO FSS gateway stations will be

operating using the same EPFDdown

limits as NGSO FSS user earth station,

NGSO FSS gateway earth station may

operate in this 11.7–12.2 GHz band. In

addition, we adopt the same

coordination procedures to protect GSO

FSS networks using sensitive receiving

earth stations with very large antennas.

NGSO FSS Service Downlink Bands:

12.2–12.7 GHz

48. We note that an extensive record

has been filed concerning spectrum

sharing in the 12.2–12.7 GHz band by

NGSO FSS, BSS and MVDDS

operations, and interested parties

subsequently reached a compromise

solution to NGSO FSS and BSS sharing

issues at a November 1999 WRC–2000

Conference Preparatory Meeting

(‘‘CPM’’) which was ultimately adopted

at WRC–2000. We thus find that we

have an adequate record to make

decisions on future NGSO FSS, MVDDS

and BSS operations in the 12.2–12.7

GHz band.

49. We are allocating the 12.2–12.7

GHz band to the fixed satellite service

for use by non-geostationary orbit

satellite downlink operations on a coprimary basis. This action will be

implemented domestically through the

adoption of footnote S5.487A into our

Table of Frequency Allocations. This

footnote allocation for NGSO FSS

operations in the 12.2–12.7 GHz band

was established at the 1997 World Radio

Conference (‘‘WRC–1997’’) and

modified at WRC–2000, and we find

that it should facilitate the delivery of

advanced services to the United States,

as well as to other countries.

50. We also conclude that MVDDS

can operate in the 12.2–12.7 GHz band

under the existing FS allocation. Under

this allocation, MVDDS operations

would not be permitted to cause

harmful interference to the BSS and

would operate on a co-primary basis to

NGSO FSS. We find that the public

interest would be served by allowing

MVDDS operations in this band.

MVDDS could be used to deliver a wide

array of video programming, including

local television, and data services on

either a competitive or sole source basis

in both urban and rural areas. While

MVDDS will only be permitted to use

the 12.2–12.7 GHz band for

transmissions to its subscribers, we find

that full two-way services can be

achieved using spectrum in other bands

or existing wireline networks for the

return link. Terrestrial MVDDS systems

would intensively reuse available

spectrum, allowing for efficient use of

the band. Furthermore, it is feasible to

avoid or correct harmful interference

situations between MVDDS and direct

broadcast satellite (‘‘DBS’’) or between

MVDDS and NGSO FSS. As discussed,

spectrum sharing will necessitate some

restrictions on MVDDS antenna

locations and transmitter power levels

in order to avoid interference to DBS,

and could require coordination with

some NGSO FSS systems.

NGSO FSS Sharing With BSS

51. We find that the single-entry and

aggregate EPFDdown limits we are

adopting will not unduly hinder the

growth of BSS, as proposed in the

NPRM. As discussed in more detail

below, the ITU–R considered future BSS

Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations 10609

systems and examples of advanced

technology BSS links (e.g., 8PSK digital

modulation and improved receiver

temperature of 80 degrees Kelvin) to

develop EPFDdown limits for NGSO FSS.

In addition, future BSS systems will be

able to take into account the NGSO FSS

interference environment.

Single-Entry EPFDdown Limits

52. We find, based upon the technical

work within the ITU, and the record

developed in this proceeding, that the

international consensus single-entry

EPFDdown limits for 30 cm, 45 cm, 60

cm, 90 cm, 120 cm, 180 cm, 240 cm and

300 cm diameter BSS earth station

antennas are appropriate for protection

of GSO BSS systems in the United

States. Specifically, the combination of

the two elements comprising these

limits (i.e., validation including

latitude-dependent, and operational)

adequately protect the U.S. BSS

systems. We adopt these limits as a new

rule § 25.208(i) of the Commission’s

Rules.

53. A 15-year transition period will be

included in our rules and the

operational limits will no longer apply

to NGSO FSS operators fifteen years

from the effective date of the rules in

this First R&O.

Domestic Implementation of SingleEntry EPFDdown Limits

54. We are adopting implementation

procedures for single-entry validation

and latitude-dependent validation

limits, and a separate set of procedures

for operational limits. In addition to

ensuring protection of BSS, this will

assist the Commission in its need to

confirm to the ITU that the appropriate

limits are being met. Many of the

implementation procedures we discuss

are similar to the procedures we adopt

to protect GSO FSS networks from

NGSO FSS.

Domestic Implementation of SingleEntry Validation and LatitudeDependent Validation Limits

55. As with the validation limits

adopted to protect GSO FSS operations,

in order to receive a favorable finding

internationally, each NGSO FSS system

must not exceed the specified validation

EPFDdown limits when analyzed using

the ITU–BR software. We believe that it

is imperative that NGSO FSS

compliance with the single entry

validation EPFDdown limits be verified

during the domestic licensing process.

We will also require an NGSO FSS

applicant to demonstrate prior to

licensing that it meets the validation

EPFDdown limits to protect GSO BSS

operations, and we will require the

NGSO FSS applicants to use the

software developed in accordance with

the ITU software specification contained

in the ITU–R Recommendation

BO.1503. This software has been

thoroughly evaluated by the ITU–R,

including by U.S. participants in the

ITU–R groups. The specific information

we will require from the NGSO FSS

applicants is described in detail in the

GSO FSS section and new rule

§ 25.146(a)(1).

Domestic Implementation of EPFDdown

Operational Limits

56. We will also require an NGSO FSS

applicant to demonstrate prior to

becoming operational that it meets the

operational EPFDdown limits to protect

GSO BSS operations. In addition, unlike

the requirements for the operational

limits with the ITU, we will require

NGSO FSS applicants to demonstrate

that they will meet the operational

limits to protect BSS receive earth

stations everywhere in Alaska, or

Hawaii as appropriate, all of the time.

Therefore, any NGSO FSS applicant that

is found qualified to hold a space

station authorization will be issued a

conditional authorization. Specifically,

as discussed in the GSO FSS section,

each NGSO FSS licensee issued a

conditional authorization must submit,

90 days prior to operation, technical

information demonstrating compliance

with the operational limits in the United

States NGSO FSS applicants are fully

aware of our requirements well in

advance of their actual construction and

operation. If the demonstration shows

that the limits are not met, we will

require NGSO FSS systems to apply all

mitigation techniques necessary,

including any changes necessary to their

system design, to comply with the

operational limits. In addition, if an

NGSO FSS system exceeds the

operational limits, it will be in violation

of its obligations under the ITU Radio

Regulation No. S22.2, as well as

Commission rules. The information that

we will require NGSO FSS system

licensees to submit is described in detail

in the GSO FSS section and in new rule

§ 25.146(b)(2).

Aggregate EPFDdown Limits

57. We concluded in the GSO FSS

section on aggregate EPFD down limits,

it is necessary to ensure that the

maximum aggregate interference level

necessary to protect GSO BSS is not

exceeded. Therefore, we will include in

our rules the international consensus

aggregate EPFDdownlimits referred to in

No. S22.5K and contained in Table [RES

COM 5/6]–1D. For the same reasons

discussed in the GSO FSS section on

aggregate EPFDdownlimits, however, we

will defer a decision on whether NGSO

FSS applicants should demonstrate that

that they can meet the aggregate

EPFDdownlimits we adopt today, to the

forthcoming rule making addressing

NGSO to NGSO sharing, or to the

licensing proceeding itself.

Protection of GSO BSS Telemetry,

Tracking and Command

58. As noted in the NPRM, the issues

that are specific to the protection of

GSO FSS TT&C operations are also

relevant for the protection of GSO BSS

TT&C operations. Therefore, we adopt

the same decisions that are discussed in

the section above on GSO FSS TT&C

operations for the GSO BSS TT&C

operations.

Other DBS Applications

59. As noted in the NPRM, DIRECTV

is providing DBS to antennas mounted

on aircraft. We stated our belief that this

type of mobile operation is consistent

with the allocation because the DBS

definition in the Commission’s Rules

does not limit transmissions to fixed

receive earth stations. Nevertheless, we

requested comment on whether this

type of BSS operation is consistent with

the Commission’s Rules and whether it

is appropriate to protect this type of

reception. If so, we also requested

comment on what EPFD limits would be

appropriate to protect aircraft mobile

antennas.

60. No party internationally, or in the

domestic proceeding, proposed any

additional specific measures or rules to

protect this type of DBS receive earth

station application. Based on the text of

the CPM Report, and the latest round of

comments, it appears that this issue has

been resolved by the EPFDdownlimits

that we are adopting today. Therefore,

we do not find it necessary to adopt any

additional measures to protect DBS

service to aircraft.

MVDDS Sharing With DBS

61. We conclude that MVDDS can

operate in the 12.2–12.7 GHz band

under the existing primary allocation,

which requires that a Fixed Service not

cause harmful interference to the coprimary BSS. Section 2.1 of our rules

defines ‘‘harmful interference’’ as

‘‘interference which endangers the

functioning of a radionavigation service

or of other safety services or seriously

degrades, obstructs, or repeatedly

interrupts a radiocommunication

service. * * * ’’ In some instances,

spectrum sharing may result in services

causing interference or degradation to or

occasional outages of other services.

Spectrum management decisions often

10610 Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations

address this issue by specifying

operating requirements to minimize to

the greatest extent possible the level to

which such impacts occur. In this

proceeding, we find that we can develop

operating requirements for MVDDS that

will ensure that DBS operations are not

seriously degraded or subject to

repeated interruptions due to MVDDS

operations, thus avoiding any harmful

interference to DBS.

62. We will permit a terrestrial pointto-multipoint video and data

distribution service, which we will refer

to as the MVDDS, to operate under Part

101 of our Rules in the 12.2–12.7 GHz

band. We find, however, that

determining an appropriate increased

unavailability criterion for MVDDS

must take into account the inherent

differences between MVDDS and NGSO

FSS operations. Because an NGSO FSS

system operator cannot readily tailor its

operations to BSS/DBS systems in

different geographic areas, WRC–2000

developed EPFD values that reflect

NGSO FSS impact on BSS/DBS systems

over the whole NGSO FSS service area

(in this country, the entire continental

United States). By contrast, an MVDDS

system operator can tailor its operations

to avoid causing harmful interference to

BSS systems in different areas, as well

as to individual DBS subscribers in the

same area. We will also require each

MVDDS operator to mitigate

interference to DBS subscribers within

an area around each MVDDS transmitter

where unavailability to such subscribers

would otherwise exceed acceptable

levels because of MVDDS transmissions.

We recognize that using a worst case

unavailability criterion to any DBS

subscriber may pose significant

constraints on MVDDS deployment, but

we conclude that we should minimize

any potential decrease in availability to

DBS customers located in close

proximity to MVDDS transmitters. We

find that such an approach is feasible

because an MVDDS operator can

customize its transmitter deployment.

63. Finally, we find that, similar to

the protection criteria developed by

WRC–2000 to permit NGSO FSS/BSS

sharing, any DBS protection criteria that

MVDDS systems must meet should be

based on a standard model using

available historical and operational

data.

MVDDS Sharing With NGSO FSS

Downlinks

64. After reviewing the extensive

filings in this proceeding, we conclude

that NGSO FSS and MVDDS systems

can be accommodated in the 12.2–12.7

GHz band if NGSO FSS systems limit

their PFD toward MVDDS receivers and

the two services avoid mainbeam to

mainbeam interference. We

acknowledge that this sharing

arrangement will require careful

planning and engineering, but the

public will benefit from these efforts to

introduce both of these new services.

Further, we note that we are making

available to NGSO FSS systems an

additional 500 megahertz of service

downlink spectrum at 11.7–12.2 GHz

that will not be encumbered by MVDDS

operations. We believe that current

trends in spectrum usage require us to

consider more complicated and creative

sharing arrangements.

65. With respect to interference that

may be caused by MVDDS transmitters

to NGSO FSS earth stations, such

interference could occur when an earth

station that is in the vicinity of an

MVDDS transmitter tracks the NGSO

FSS satellite into view of the

transmitter, or when energy from the

MVDDS transmitter enters the side and

back lobes of the earth station at a

sufficient signal strength to cause

harmful interference. Nevertheless, we

are confident that MVDDS transmitters

will not threaten the viability of NGSO

FSS downlink operations. MVDDS

operators will be deploying their

transmitters so as to avoid harmful

interference.

66. Accordingly, we conclude that

MVDDS and NGSO FSS can share the

12.2–12.7 GHz band on a co-primary

basis. This more intensive use of the

band will allow a wide variety of new

services to be delivered to the public.

NGSO FSS operations will enable the

delivery of broadband services to

anywhere in the United States,

including unserved and underserved

areas. MVDDS operations will deliver

competition to other video distribution

and data services and offer localized

service that may not be possible through

other services. A future NGSO FSS

licensing proceeding will explore the

optimal way to assign spectrum in the

12.2–12.7 GHz band to facilitate

spectrum sharing between NGSO FSS

systems and MVDDS systems.

NGSO FSS Service Uplink Bands: 14.0–

14.4 GHz

67. The 14.0–14.4 GHz band is

allocated on a primary basis for FSS

uplinks and is heavily used by very

small aperture terminal (‘‘VSAT’’)

operations. Additionally, we note that

the 14.2–14.4 GHz band segment is

allocated on a secondary basis to the

mobile service, for such operations as

television pickup links for part 101

licensees. Finally, we noted that the

entire 14.0–14.4 GHz band is available

for secondary land mobile satellite

uplink operations.

68. The NGSO FSS uplink user

terminal sharing scenario in the 14.0–

14.4 GHz band raises issues that are

similar to those regarding NGSO FSS

gateway uplinks in the 12.75–13.25 and

14.4–14.5 GHz bands. For the same

reasons stated in the NGSO FSS gateway

uplink section, we adopt the EPFDup

limits contained in § 25.208(k) of our

rules to protect GSO FSS satellites from

NGSO FSS user terminal uplink

operations in the 14.0–14.4 GHz band.

We also conclude that NGSO FSS

gateway earth stations may also operate

in the 14.0–14.4 GHz band, since NGSO

FSS gateway uplinks are also subject to

the same EPFDup limits as NGSO FSS

user terminal uplinks.

GSO FSS Arc Avoidance

69. Consistent with our proposal in

the NPRM, we will not adopt a specific

rule that requires NGSO FSS systems to

employ GSO arc avoidance. NGSO FSS

operators may use various techniques,

including GSO arc avoidance, to meet

the EPFDup and EPFDdown limits we

adopt today. Considering that the

amount of arc avoidance needed to meet

the EPFDup and EPFDdown limits is

entirely dependent on the NGSO system

design, we find that imposing an

additional GSO arc avoidance

requirement would be an unnecessary

constraint on the design of NGSO FSS

systems.

GSO FSS Earth Station Power Limits

70. We believe that limiting the signal

energy radiated by GSO FSS earth

stations could be beneficial to NGSO

FSS systems by placing an upper bound

on the level of uplink interference that

must be tolerated. However, adopting

the off-axis e.i.r.p. limits proposed in

the NPRM for within ± 3 degrees of the

GSO would, in effect, allow GSO FSS

earth stations to transmit at a higher

level into adjacent GSO FSS satellites

than is currently permitted under our

rules and would be disruptive to the

vast number of GSO FSS satellites and

earth stations in operation. The same

holds true for the off-axis e.i.r.p. density

limits that were adopted by WRC–2000.

We conclude that the Commission’s

existing part 25 rules are more

restrictive on GSO FSS earth stations

than both the limits proposed in the

NPRM and the limits adopted at WRC–

2000. Further, the Commission’s Rules

limit the signal energy radiated in all

off-axis pointing directions, not just

within ±3° of the GSO orbit, thus

alleviating SkyBridge’s and Boeing’s

concerns. We will continue to require

compliance with existing Part 25 rules

Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations 10611

for off-axis e.i.r.p. limits and not adopt

the proposed rule change. In regard to

SkyBridge’s and GE’s suggestion that

limits also be placed on NGSO FSS

earth station off-axis e.i.r.p. density, we

believe it is more appropriate to address

this issue in a forthcoming Further

Notice of Proposed Rule Making, which

also addresses sharing among multiple

NGSO FSS systems.

NGSO FSS User Terminal Earth Station

Antenna Reference Pattern

71. As we stated in the NPRM, we

believe that the use of higher

performance earth station antennas will

maximize sharing between NGSO FSS

and GSO FSS systems and use of the

spectrum. However, we recognize that

there are physical limitations on the

amount of sidelobe suppression

achievable in small earth station

antennas, both GSO and NGSO. We are

confident that the EPFDup limits we

adopt today ensure protection of GSO

FSS satellites from NGSO FSS earth

station transmissions. Further, we are

confident that the Further Notice of

Proposed Rule Making (Further NPRM),

66 FR 7607, January 24, 2001, will result

in an adequate sharing scenario between

NGSO FSS user terminals and MVDDS

operations. Therefore, while specifying

an NGSO FSS user terminal antenna

pattern is not needed for sharing with

GSO FSS or with the MVDDS, it may be

a factor to consider in sharing with

other NGSO FSS systems. We do not see

the need at this time to specify an NGSO

FSS customer premise earth station

reference antenna pattern and defer the

issue for consideration, as necessary, in

a separate Notice of Proposed Rule

Making addressing sharing issues

among NGSO FSS systems.

NGSO FSS Gateway Earth Station

Antenna Reference Pattern

72. We believe that the use of higher

performance earth station antennas will

maximize inter-system sharing and

efficient use of the spectrum. In

addition, a higher performance antenna

reference pattern will facilitate sharing

with other services. For example, tighter

patterns will reduce separation

distances between gateway earth

stations and terrestrial stations for

certain azimuths around the gateway

station. Earth station technology for this

size antenna is advanced to the stage

where it can meet this requirement.

Accordingly, we will require NGSO FSS

gateway earth station antennas to meet

the reference pattern of 29¥25 log(θ) for

all directions. We have, however,

reconsidered our proposal to not allow

10% of the NGSO FSS earth station

sidelobe peaks to exceed the envelope.

The design considerations for both GSO

and NGSO FSS earth stations are similar

and we will allow the same percentage

of peak sidelobe exceedance.

RF Safety

73. We emphasize that all FCCregulated transmitters, including the

subscriber terminals used in FSS

systems, are required to meet the

applicable Commission guidelines

regarding radiofrequency exposure

limits. It is therefore incumbent upon

NGSO FSS licensees to exercise

reasonable care to protect users and the

public from radiofrequency exposure in

excess of the Commission’s limits.

74. As part of the NGSO FSS

licensee’s obligation to exercise such

reasonable care, we conclude that it

must ensure that subscriber antennas

are labeled to give notice of the

potential radiofrequency safety hazards

from these antennas. We have

previously adopted labeling

requirements for LMDS, MDS, ITFS, and

24 GHz service antennas, which, like

NGSO FSS’s antennas, can be placed at

a subscriber’s premises. We see no

reason to make a different determination

with respect to labeling for NGSO FSS’s

subscriber antennas than we made for

these other subscriber antennas. In

addition, we have recently made

labeling a condition for invoking

protection from restrictions that impair

the installation, maintenance, or use of

customer-end antennas that are used to

transmit fixed wireless service, where

the antenna user has a direct or indirect

ownership or leasehold interest in the

property. Accordingly, we are amending

Table 1 in § 1.1307(b) of the

Commission’s rules to provide for

labeling requirements for NGSO

subscriber equipment.

75. Labeling information should

include minimum separation distances

required between users and radiating

antennas to meet the Commission’s

radiofrequency exposure guidelines.

Labels should also include reference to

the Commission’s applicable

radiofrequency exposure guidelines. In

addition, the instruction manuals and

other information accompanying

subscriber transceivers should include a

full explanation of the labels, as well as

a reference to the applicable

Commission radiofrequency exposure

guidelines. While we will require

licensees to attach labels and provide

users with notice of potentially harmful

exposure to radiofrequency

electromagnetic fields, we will not

mandate the specific language to be

used. However, we will require use of

the ANSI-specified warning symbol for

radiofrequency exposure.

Emission Limits

76. In the NPRM, we proposed that

the aggregate power flux density from

all NGSO satellites in a constellation

would have to be below ¥255 dBW/m2/

Hz to protect Radio Astronomy Service

(‘‘RAS’’) receivers in the 10.6–10.7 GHz

band from harmful interference.

77. Article S29 of the ITU Radio

Regulations outlines general provisions

for the protection of the RAS.

Specifically, Article S29 acknowledges

the sensitivity of RAS operations and

encourages administrations to cooperate

in protecting RAS operations from

interference. Article S29 also identifies

various techniques that administrations

may use to protect RAS, such as

geographic separation, frequency

separation, time sharing and power

limitations. Article S29 refers to ITU–R

RA.769–1, which establishes protection

criteria for various radio astronomy

frequency bands. ITU–R RA.769–1 also

recognizes that interference to radio

astronomy operations from

geostationary satellites is a special

interference case because the signal

energy could easily be observed by the

RAS receiving antenna. We find that

non-geostationary satellite downlink

operations also pose a significant

interference risk to radio astronomy

operations unless parties make an active

effort to avoid interference. The

interference limits set forth in ITU–R

RA.769–1 provide reasonable protection

against interference to RAS operations

from various operations. We note that

the ITU is studying a Draft New

Recommendation that would specify,

for interference evaluation, a separate

criterion for data loss to the RAS due to

interference from any one NGSO FSS

network, in any frequency band which

is allocated to the Radio Astronomy

Service on a primary basis. Because the

Draft New Recommendation regarding

NGSO FSS/RAS sharing is still under

consideration, we decline to adopt

specific protection limits in our rules.

Rather, we will require NGSO FSS

applicants to coordinate and reach a

mutually acceptable agreement with the

RAS facilities that use the 10.6–10.7

GHz band to ensure that these facilities

are adequately protected from

interference. We find that requiring

coordination between NGSO FSS and

RAS operations presents both parties

with the most flexibility to reach

agreement on the protection of RAS.

10612 Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations

1See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et.

seq., has been amended by the Contract With

America Advancement Act of 1996, Public Law

104–121, 110 Stat. 847 (1996) (CWAAA). Title II of

the CWAAA is the Small Business Regulatory

Enforcement Fairness Act of 1996 (SBREFA).

2See Notice of Proposed Rule Making, ET Docket

No. 98–206, 14 FCC Rcd. 1131, 1194 (1998).

3See 5 U.S.C. 604.

4 Id. Section 601(6).

5See 5 U.S.C. 601(3) (incorporating by reference

the definition of ‘‘small business concern’’ in 15

U.S.C. 632). Pursuant to the RFA, the statutory

definition of a small business applies ‘‘unless an

agency, after consultation with the Office of

Advocacy of the Small Business Administration

and after opportunity for public comment,

establishes one or more definitions of such term

which are appropriate to the activities of the agency

and publishes such definition(s) in the Federal

Register.’’ 5 U.S.C. 601(3).

6See Small Business Act, 15 U.S.C. 632 (1996).

7See 5 U.S.C. 601(4).

8See 13 CFR 121.201, Standard Industrial

Classification (SIC) Code 4899.

9U.S. Bureau of Census, U.S. Department of

Commerce, 1992 Census of Transportation,

Communications, Utilities, UC92-S–1, Subject

Series, Establishment and Firm Size, Table 2D,

Employment Size of Firms: 1992, SIC Code 4899

(issued May 1995).

Final Regulatory Flexibility Analysis

78. As required by the Regulatory

Flexibility Act (RFA)1 an Initial

Regulatory Flexibility Analysis

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

of Proposed Rule Making (‘‘NPRM’’) in

ET Docket No. 98–206.2 The

Commission sought written public

comment on the proposals in the NPRM,

including comment on the IRFA. This

Final Regulatory Flexibility Analysis

(‘‘FRFA’’) conforms to the RFA.3 In

addition to the issues discussed below,

the IRFA addressed Northpoint

Technology Ltd.’s proposal to allow

terrestrial operations to use the 12.2–

12.7 GHz band for the provision of

MVPD services and data services.

A. Need for, and Objectives of, the

Report and Order

79. In this First Report and Order, we

permit NGSO FSS operations in certain

segments of the 10.7–14.5 GHz

frequency band range, and adopt rules

and policies to govern such operations.

More specifically, we amend Parts 2 and

25 of our rules to permit NGSO FSS

space-to-earth links (‘‘downlinks’’) to

operate in the 10.7–12.7 GHz band and

for NGSO earth-to-space links

(‘‘uplinks’’) to operate in the 12.75–

13.15 GHz, 13.2125–13.25 GHz and

13.8–14.5 GHz bands. These downlink

bands are generally used by

geostationary-satellite orbit (‘‘GSO’’)

FSS and fixed services. The uplink

bands are used by GSO FSS operations,

fixed services, mobile services, and

Government operations. We also permit

a new terrestrial Multichannel Video

Distribution and Data Service (MVDDS)

to operate in the 12.2–12.7 GHz band,

but defer services and technical rules for

the MVDDS to our companion Further

Notice of Proposed Rule Making.

80. These new satellite and terrestrial

operations can increase competition and

provide new advanced services to the

public. Specifically, NGSO FSS systems

can provide new high-speed data

services and offer additional

competition to other satellite services,

and terrestrial wireless and wireline

services. The MVDDS can provide local

television and data services and provide

additional competition to both cable

and Direct Broadcast Satellite (DBS)

systems. There is, however, extensive

use of the requested frequency bands in

the United States and these incumbent

operations provide important and

valuable services to the public that we

must protect. By this action, we provide

for the introduction of new advanced

services to the public, while permitting

incumbent services to operate without

harmful interference.

B. Summary of Significant Issues Raised

by Public Comments In Response to the

IRFA

81. No comments were submitted in

response to the IRFA.

C. Description and Estimate of the

Number of Small Entities To Which

Rules Will Apply

82. The RFA generally defines the

term ‘‘small entity’’ as having the same

meaning as the terms ‘‘small business,’’

‘‘small organization,’’ and ‘‘small

governmental jurisdiction.’’ 4 In

addition, the term ‘‘small business’’ has

the same meaning as the term ‘‘small

business concern’’ under the Small

Business Act.5 A small business concern

is one which: (1) is independently

owned and operated; (2) is not

dominant in its field of operation; and

(3) satisfies any additional criteria

established by the Small Business

Administration (‘‘SBA’’).6 A small

organization is generally ‘‘any not-forprofit enterprise which is independently

owned and operated and is not

dominant in its field.’’ 7

83. Regarding incumbent cable

television operations in the 12.75–13.25

GHz band, the SBA has developed a

definition of small entities for cable and

other pay television services, which

includes all such companies generating

$11 million or less in revenue annually.

This definition includes cable systems

operators, closed circuit television

services, DBS services, multipoint

distribution systems, satellite master

antenna systems and subscription

television services. According to the

Census Bureau, there were 1,788 total

cable and other pay television services

and 1,423 had less than $11 million in

revenue.

84. The Communications Act also

contains a definition of a small cable

system operator, which is ‘‘a cable

operator that, directly or through an

affiliate, serves in the aggregate fewer

than 1 percent of all subscribers in the

United States and is not affiliated with

any entity or entities whose gross

annual revenues in the aggregate exceed

$250,000,000.’’ The Commission has

determined that there are 61,700,000

subscribers in the United States.

Therefore, we found that an operator

serving fewer than 617,000 subscribers

shall be deemed a small operator, if its

annual revenues, when combined with

the total annual revenues of all of its

affiliates, do not exceed $250 million in

the aggregate. Based on available data,

we find that the number of cable

operators serving 617,000 subscribers or

less totals 1,450. We did not request nor

did we collect information concerning

whether cable system operators are

affiliated with entities whose gross

annual revenues exceed $250,000,000,

and thus are unable at this time to

estimate with greater precision the

number of cable system operators that

would qualify as small cable operators

under the definition in the

Communications Act.

85. Regarding incumbent GSO FSS

satellite use and the proposed NGSO

FSS use in these requested bands, the

Commission has not developed a

definition of small entities applicable to

geostationary or non-geostationary orbit

fixed-satellite service applicants or

licensees. Therefore, the applicable

definition of small entity is the

definition under the Small Business

Administration (SBA) rules applicable

to Communications Services, Not

Elsewhere Classified. This definition

provides that a small entity is one with

$11.0 million or less in annual receipts.8

According to Census Bureau data, there

are 848 firms that fall under the category

of Communications Services, Not

Elsewhere Classified, which could

potentially fall into the geostationary or

non-geostationary orbit fixed-satellite

service category. Of those,

approximately 775 reported annual

receipts of $11 million or less and

qualify as small entities.9 Generally,

these NGSO and GSO FSS systems cost

several millions of dollars to construct

and operate. Therefore the NGSO and

GSO FSS companies, or their parent

Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations 10613

companies, rarely qualify under this

definition as a small entity.

86. Regarding Auxiliary, Special

Broadcast and other program

distribution services in the Ku-band.

This service involves a variety of

transmitters, generally used to relay

broadcast programming to the public

(through translator and booster stations)

or within the program distribution chain

(from a remote news-gathering unit back

to the station). The Commission has not

developed a definition of small entities

applicable to Broadcast Auxiliary

Station (BAS) licensees. Therefore, the

applicable definition of small entity is

the definition under the Small Business

Administration (SBA) rules applicable

to radio broadcasting stations (SIC 4832)

and television broadcasting stations (SIC

4833). These definitions provide,

respectively, that a small entity is one

with either $5.0 million or less in

annual receipts or $10.5 million in

annual receipts. 13 CFR 121.201, SIC

Codes 4832 and 4833. There are

currently 3,237 FM translators and

boosters, and 2,964 TV translators. The

FCC does not collect financial

information on any broadcast facility

and the Department of Commerce does

not collect financial information on

these auxiliary broadcast facilities. We

believe, however, that most, if not all, of

these auxiliary facilities could be

classified as small businesses by

themselves. We also recognize that most

translators and boosters are owned by a

parent station which, in some cases,

would be covered by the revenue

definition of small business entity

discussed above. These stations would

likely have annual revenues that exceed

the SBA maximum to be designated as

a small business (as noted, either $5

million for a radio station or $10.5

million for a TV station). Furthermore,

they do not meet the Small Business

Act’s definition of a ‘‘small business

concern’’ because they are not

independently owned and operated.

87. Incumbent microwave services in

the 10.7–11.7 GHz and 12.75–13.25 GHz

bands include common carrier, private

operational fixed, and BAS services. At

present, there are 22,015 common

carrier licensees, approximately 61,670

private operational fixed licensees and

broadcast auxiliary radio licensees in

the microwave services. Inasmuch as

the Commission has not yet defined a

small business with respect to

microwave services, we will utilize the

SBA’s definition applicable to

radiotelephone companies; i.e., an

entity with no more than 1,500 persons.

13 CFR 121.201, SIC Code 4812. We

estimate, for this purpose, that all of the

Fixed Microwave licensees (excluding

broadcast auxiliary licensees) would

qualify as small entities under the SBA

definition for radiotelephone

companies.

D. Description of Projected Reporting,

Recordkeeping, and Other Compliance

Requirements

88. We will apply the Part 25 rules

governing reporting requirements for

NGSO FSS systems. Specifically,

licensees are required to file an annual

report with the Commission describing:

the status of satellite construction and

anticipated launch dates, including any

major delays or problems encountered;

a listing of any unscheduled satellite

outages for more than 30 minutes

including the cause(s) of any such

outages; and a detailed description of

the utilization made of each satellite on

each of the in-orbit satellites.

E. Steps Taken To Minimize Significant

Economic Impact on Small Entities, and

Significant Alternatives Considered

89. The Commission adopts technical

rules to facilitate spectrum sharing

between new NGSO FSS systems in the

Ku band and existing services in this

spectrum. These technical rules are

intended to allow new entrants into the

spectrum without causing unacceptable

interference to existing and future

operations of incumbent services. We

acknowledge that as the radio spectrum

is increasingly used, it becomes more

difficult to accommodate all requests for

access to the radio spectrum, however,

this action applies existing frequency

coordination procedures to NGSO FSS

systems sharing spectrum with fixed

services. Frequency coordination should

ensure that new operations of either

service will protect existing operations

and have access to spectrum if it is

technically possible.

90. The Commission also considered

a proposal from the Fixed Service (FS)

community to set aside some portion of

the spectrum in the 10.7–11.7 GHz band

for future FS deployment. The

Commission declined this set aside

because NGSO FSS and fixed systems

should be able to coordinate operations

and such an action would not lead to

the most effective use of the spectrum.

Additionally, in its comments and in a

Petition for Rule Making, the fixed

community requested that we change

some aspects of the coordination and

licensing procedures of FSS operations

that share spectrum with fixed services.

Because the issues raised by the fixed

community address several spectrum

bands which are not under

consideration in this proceeding, we

deferred on these issues to another

proceeding that will address all these

issues before NGSO FSS systems are

licensed for this band.

91. Regarding sharing between NGSO

FSS systems and broadcast auxiliary

(‘‘BAS’’) operations, the Report and

Order states that it will adopt some form

of geographic protection areas for

terrestrial operations in those bands

used by NGSO FSS gateway stations.

These protection areas will be defined

in a future proceeding, but are intended

to facilitate the growth of terrestrial

operations, while not unnecessarily

hindering the deployment of NGSO FSS

systems. Further, to ensure BAS

operations in all areas can continue to

operate unencumbered by new NGSO

FSS systems, the Report and Order set

aside 4 BAS channels for exclusive use

in all areas to ensure continued

operations.

92. Report to Congress: The

Commission will send a copy of the

Report and Order, including this FRFA,

in a report to be sent to Congress

pursuant to the Small Business

Regulatory Enforcement Fairness Act of

1996, see 5 U.S.C. 801(a)(1)(A). In

addition, the Commission will send a

copy of the Report and Order including

FRFA, to the Chief Counsel for

Advocacy of the Small Business

Administration.

List of Subjects

47 CFR Part 1

Administrative practice and

procedure, Satellites.

47 CFR Part 2

Communications equipment, Radio.

47 CFR Part 25

Communications common carriers,

Communications equipment, Radio,

Satellites.

Federal Communications Commission

William F. Caton,

Deputy Secretary.

Rules Changes

For the reasons discussed in the

preamble, the Federal Communications

Commission amends 47 CFR parts 1, 2,

and 25 as follows:

PART 1—PRACTICE AND

PROCEDURE

1. The authority citation for part 1

continues to read as follows:

Authority: 47 U.S.C. 151, 154(i), 154(j),

155, 225, 303(r), 309 and 325(e).

2. Section 1.1307 (b)(1), Table 1 is

amended by revising the entry for

Satellite Communications (part 25) to

read as follows:

10614 Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations

§ 1.1307 Actions that may have a

significant environmental effect, for which

Environmental Assessments (EAs) must be

prepared.

* * * * *

(b) * * *

(1) * * *

TABLE 1.—TRANSMITTERS, FACILITIES AND OPERATIONS SUBJECT TO ROUTINE ENVIRONMENTAL EVALUATION

Service (title 47 rule part) Evaluation required if

*******

Satellite Communications (part 25) .......................................... All included. In addition, for NGSO subscriber equipment, licensees are required

to attach a label to subscriber transceiver antennas that:

(1) provides adequate notice regarding potential radiofrequency safety hazards,

e.g., information regarding the safe minimum separation distance required between users and transceiver antennas; and

(2) references the applicable FCC-adopted limits for radiofrequency exposure

specified in § 1.1310 of this chapter.

*******

* * * * *

PART 2—FREQUENCY ALLOCATIONS

AND RADIO TREATY MATTERS;

GENERAL RULES AND REGULATIONS

3. The authority citation for part 2

continues to read as follows:

Authority: 47 U.S.C. 154, 302a, 303, and

336, unless otherwise noted.

4. Section 2.106, the Table of

Frequency Allocations, is amended as

follows:

a. Pages 63, 64, and 65 are revised.

b. In the list of International

Footnotes, under I. New ‘‘S’’ Numbering

Scheme, footnotes S5.441, S5.484A,

S5.487A, S5.488, S5.492, S5.502, and

S5.503 are revised.

c. In the list of United States (US)

Footnotes, footnotes US355, US356, and

US357 are added.

d. In the list of Non-Federal

Government (NG) Footnotes, footnotes

NG104, NG118, and NG143 are revised.

The revisions read as follows:

§ 2.106 Table of Frequency Allocations.

BILLING CODE 6712–01–P

Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations 10615

10616 Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations

Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations 10617

BILLING CODE 6712–01–C

10618 Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations

* * * * *

International Footnotes

* * * * *

I. New ‘‘S’’ Numbering Scheme

* * * * *

S5.441 The use of the bands 4 500–

4 800 MHz (space-to-Earth), 6 725–7 025

MHz (Earth-to-space) by the fixedsatellite service shall be in accordance

with the provisions of Appendix S30B.

The use of the bands 10.7–10.95 GHz

(space-to-Earth), 11.2–11.45 GHz (spaceto-Earth) and 12.75–13.25 GHz (Earthto-space) by geostationary-satellite

systems in the fixed-satellite service

shall be in accordance with the

provisions of Appendix S30B. The use

of the bands 10.7–10.95 GHz (space-to

Earth), 11.2–11.45 GHz (space-to-Earth)

and 12.75–13.25 GHz (Earth-to-space)

by a non-geostationary-satellite system

in the fixed-satellite service is subject to

application of the provisions of No.

S9.12 for coordination with other nongeostationary-satellite systems in the

fixed-satellite service. Nongeostationary-satellite system in the

fixed-satellite service shall not claim

protection from geostationary-satellite

networks in the fixed-satellite service

operating in accordance with the Radio

Regulations, irrespective of the dates of

receipt by the Bureau of the complete

coordination or notification

information, as appropriate, for the nongeostationary-satellite systems in the

fixed-satellite service and of the

complete coordination or notification

information, as appropriate, for the

geostationary-satellite networks, and

No. S5.43A does not apply. Nongeostationary-satellite systems in the

fixed-satellite service in the above bands

shall be operated in such a way that any

unacceptable interference that may

occur during their operation shall be

rapidly eliminated.

S5.484A The use of the bands

10.95–11.2 GHz (space-to-Earth), 11.45–

11.7 GHz (space-to-Earth), 11.7–12.2

GHz (space-to-Earth) in Region 2, 12.2–

12.75 GHz (space-to-Earth) in Region 3,

12.5–12.75 GHz (space-to-Earth) in

Region 1, 13.75–14.5 GHz (Earth-tospace), 17.8–18.6 GHz (space-to-Earth),

19.7–20.2 GHz (space-to-Earth), 27.5–

28.6 GHz (Earth-to-space), 29.5–30 GHz

(Earth-to-space) by a non-geostationarysatellite system in the fixed-satellite

service is subject to application of the

provisions of No. S9.12 for coordination

with other non-geostationary-satellite

systems in the fixed-satellite service.

Non-geostationary-satellite systems in

the fixed-satellite service shall not claim

protection from geostationary-satellite

networks in the fixed-satellite service

operating in accordance with the Radio

Regulations, irrespective of the dates of

receipt by the Bureau of the complete

coordination or notification

information, as appropriate, for the nongeostationary-satellite systems in the

fixed-satellite service and of the

complete coordination or notification

information, as appropriate, for the

geostationary-satellite networks, and

No. S5.43A does not apply. Nongeostationary-satellite systems in the

fixed-satellite service in the above bands

shall be operated in such a way that any

unacceptable interference that may

occur during their operation shall be

rapidly eliminated.

* * * * *

S5.487A Additional allocation: in

Region 1, the band 11.7–12.5 GHz, in

Region 2, the band 12.2–12.7 GHz and,

in Region 3, the band 11.7–12.2 GHz,

are also allocated to the fixed-satellite

service (space-to-Earth) on a primary

basis, limited to non-geostationary

systems and subject to application of the

provisions of No. S9.12 for coordination

with other non-geostationary-satellite

systems in the fixed-satellite service.

Non-geostationary-satellite systems in

the fixed-satellite service shall not claim

protection from geostationary-satellite

networks in the broadcasting-satellite

service operating in accordance with the

Radio Regulations, irrespective of the

dates of receipt by the Bureau of the

complete coordination or notification

information, as appropriate, for the nongeostationary-satellite systems in the

fixed-satellite service and of the

complete coordination or notification

information, as appropriate, for the

geostationary-satellite networks, and

No. S5.43A does not apply. Nongeostationary-satellite systems in the

fixed-satellite service in the above bands

shall be operated in such a way that any

unacceptable interference that may

occur during their operation shall be

rapidly eliminated.

S5.488 The use of the band 11.7–

12.2 GHz by geostationary-satellite

networks in the fixed-satellite service in

Region 2 is subject to the provisions of

Resolution 77 (WRC–2000). For the use

of the band 12.2–12.7 GHz by the

broadcasting-satellite service in Region

2, see Appendix S30.

* * * * *

S5.492 Assignments to stations of

the broadcasting-satellite service which

are in conformity with the appropriate

regional Plan or included in the Regions

1 and 3 List in Appendix S30 may also

be used for transmissions in the fixedsatellite service (space-to-Earth),

provided that such transmissions do not

cause more interference, or require more

protection from interference, than the

broadcasting-satellite service

transmissions operating in conformity

with the Plan or the List, as appropriate.

* * * * *

S5.502 In the band 13.75–14 GHz,

an earth station in the fixed-satellite

service shall have a minimum antenna

diameter of 4.5 m and the e.i.r.p. of any

emission should be at least 68 dBW and

should not exceed 85 dBW. In addition

the e.i.r.p., averaged over one second,

radiated by a station in the radiolocation

or radionavigation services shall not

exceed 59 dBW. The protection of

assignments to receiving space stations

in the fixed-satellite service operating

with earth stations that, individually,

have an e.i.r.p. of less than 68 dBW

shall not impose constraints on the

operation of the radiolocation and

radionavigation stations operating in

accordance with the Radio Regulations.

No. S5.43A does not apply. See

Resolution 733 (WRC–2000).

S5.503 In the band 13.75–14 GHz,

geostationary space stations in the space

research service for which information

for advance publication has been

received by the Bureau prior to 31

January 1992 shall operate on an equal

basis with stations in the fixed-satellite

service; after that date, new

geostationary space stations in the space

research service will operate on a

secondary basis. Until those

geostationary space stations in the space

research service for which information

for advance publication has been

received by the Bureau prior to 31

January 1992 cease to operate in this

band:

a. The e.i.r.p. density of emissions

from any earth station in the fixedsatellite service operating with a space

station in geostationary-satellite orbit

shall not exceed 71 dBW in the 6 MHz

band from 13.772 to 13.778 GHz.

b. The e.i.r.p. density of emissions

from any earth station in the fixedsatellite service operating with a space

station in non-geostationary-satellite

orbit shall not exceed 51 dBW in the 6

MHz band from 13.772 to 13.778 GHz.

Automatic power control may be used

to increase the e.i.r.p. density in the 6

MHz band in this frequency range to

compensate for rain attenuation, to the

extent that the power-flux density at the

fixed-satellite service space station does

not exceed the value resulting from use

by an earth station of an e.i.r.p. of 71

dBW or 51 dBW, as appropriate, in the

6 MHz band in clear-sky conditions.

United States (US) Footnotes

* * * * *

US355 In the band 10.7–11.7 GHz,

non-geostationary satellite orbit

Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations 10619

licensees in the fixed-satellite service

(space-to-Earth), prior to commencing

operations, shall coordinate with the

following radio astronomy observatories

to achieve a mutually acceptable

agreement regarding the protection of

the radio telescope facilities operating

in the band 10.6–10.7 GHz:

Observatory West longitude North latitude Elevation

Arecibo Obs ........................................................................................................ 66E 45N 11O 18E 20N 46O 496 m

Green Bank Telescope (GBT) ............................................................................ 79E 50N 24O 38E 25N 5OO 825 m

Very Large Array (VLA) ...................................................................................... 107E 37N 04O 34E 04N 44O 2126 m

Very Long Baseline Array (VLBA) Stations:

Pie Town, NM .............................................................................................. 108E 07N 07O 34E 18N 04O 2371 m

Kitt Peak, AZ ............................................................................................... 111E 36N 42O 31E 57N 22O 1916 m

Los Alamos, NM .......................................................................................... 106E 14N 42O 35E 46N 30O 1967 m

Ft. Davis, TX ................................................................................................ 103E 56N 39O 30E 38N 06O 1615 m

N. Liberty, IA ............................................................................................... 91E 34N 26O 41E 46N 17O 241 m

Brewster, WA ............................................................................................... 119E 40N 55O 48E 07N 53O 255 m

Owens Valley, CA ....................................................................................... 118E 16N 34O 37E 13N 54O 1207 m

St. Croix, VI ................................................................................................. 64E 35N 03O 17E 45N 31O 16 m

Hancock, NH ............................................................................................... 71E 59N 12O 42E 56N O1O 309 m

Mauna Kea, HI ............................................................................................ 155E 27N 29O 19E 48N 16O 3720M

US356 In the band 13.75–14 GHz, an

earth station in the fixed-satellite

service shall have a minimum antenna

diameter of 4.5 m and the e.i.r.p. of any

emission should be at least 68 dBW and

should not exceed 85 dBW. In addition

the e.i.r.p., averaged over one second,

radiated by a station in the radiolocation

service towards the geostationarysatellite orbit shall not exceed 59 dBW.

Receiving space stations in the fixedsatellite service shall not claim

protection from radiolocation

transmitting stations operating in

accordance with the United States Table

of Frequency Allocations. ITU Radio

Regulation No. S5.43A does not apply.

US357 In the band 13.75–14 GHz,

geostationary space stations in the space

research service for which information

for advance publication has been

received by the ITU

Radiocommunication Bureau (Bureau)

prior to 31 January 1992 shall operate

on an equal basis with stations in the

fixed-satellite service; after that date,

new geostationary space stations in the

space research service will operate on a

secondary basis. Until those

geostationary space stations in the space

research service for which information

for advance publication has been

received by the Bureau prior to 31

January 1992 cease to operate in this

band:

a. The e.i.r.p. density of emissions

from any earth station in the fixedsatellite service operating with a space

station in geostationary-satellite orbit

shall not exceed 71 dBW in any 6 MHz

band from 13.77 to 13.78 GHz;

b. The e.i.r.p. density of emissions

from any earth station in the fixedsatellite service operating with a space

station in non-geostationary-satellite

orbit shall not exceed 51 dBW in any 6

MHz band from 13.77 to 13.78 GHz.

Automatic power control may be used

to increase the e.i.r.p. density in any 6

MHz band in these frequency ranges to

compensate for rain attenuation, to the

extent that the power flux-density at the

fixed-satellite service space station does

not exceed the value resulting from use

by an earth station of an e.i.r.p. of 71

dBW or 51 dBW, as appropriate, in any

6 MHz band in clear-sky conditions.

Non-Federal Government (NG)

Footnotes

* * * * *

NG104 The use of the bands 10.7–

11.7 GHz (space-to-Earth) and 12.75–

13.25 GHz (Earth-to-space) by the fixedsatellite service in the geostationarysatellite orbit shall be limited to

international systems, i.e., other than

domestic systems.

* * * * *

NG118 In the bands 2025–2110

MHz, 6875–7125 MHz, and 12.7–13.25

GHz, television translator relay stations

may be authorized to use frequencies on

a secondary basis to other stations in the

Television Broadcast Auxiliary Service

that are operating in accordance with

the Table of Frequency Allocations.

* * * * *

NG143 In the band 11.7–12.2 GHz,

protection from harmful interference

shall be afforded to transmissions from

space stations not in conformance with

ITU Radio Regulation S5.488 only if the

operations of such space stations

impose no unacceptable constraints on

operations or orbit locations of space

stations in conformance with S5.488.

PART 25—SATELLITE

COMMUNICATIONS

5. The authority citation for part 25

continues to read as follows:

Authority: 47 U.S.C. 701–744. Interprets or

applies Sections 4, 301, 302, 303; 307, 309

and 332 of the Communications Act, as

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

303, 307, 309 and 332, unless otherwise

noted.

6. Section 25.146 is added to Subpart

B under the undesignated centerheading

‘‘Space Stations’’ to read as follows:

§ 25.146 Licensing and operating

authorization provisions for the nongeostationary satellite orbit fixed-satellite

service (NGSO FSS) in the bands 10.7 GHz

to 14.5 GHz.

(a) A comprehensive technical

showing shall be submitted for the

proposed non-geostationary satellite

orbit fixed-satellite service (NGSO FSS)

system in the bands 10.7 GHz to 14.5

GHz. The technical information shall

demonstrate that the proposed NGSO

FSS system would not exceed the

validation equivalent power fluxdensity (EPFD) limits as specified in

§ 25.208 (g), (k), and (l) for EPFDdown,

and EPFDup. If the technical

demonstration exceeds the validation

EPFD limits at any test points within the

U.S. for domestic service and at any

points outside of the U.S. for

international service or at any points in

the geostationary satellite orbit, as

appropriate, the application would be

unacceptable for filing and will be

returned to the applicant with a brief

statement identifying the noncompliance technical demonstration.

The technical showing consists of the

following:

(1) Single-entry validation equivalent

power flux-density, in the space-toEarth direction, (EPFDdown) limits. (i)

Provide a set of power flux-density (pfd)

masks, on the surface of the Earth, for

each space station in the NGSO FSS

system. The pfd masks shall be

generated in accordance with the

specification stipulated in the ITU–R

Recommendation BO.1503, ‘‘Functional

10620 Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations

Description to be used in Developing

Software Tools for Determining

Conformity of Non-GSO FSS Networks

with Limits Contained in Article S22 of

the Radio Regulations.’’ In particular,

the pfd mask must encompass the

power flux-density radiated by the

space station regardless of the satellite

transmitter power resource allocation

and traffic/beam switching strategy that

are used at different periods of a NGSO

FSS system life. The pfd masks shall

also be in an electronic form that can be

accessed by the computer program

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

section.

(ii) Identify and describe in detail the

assumptions and conditions used in

generating the power flux-density

masks.

(iii) Provide a computer program for

the single-entry EPFDdown validation

computation, including both the source

code and the executable file. This

computer program shall be developed in

accordance with the specification

stipulated in the ITU–R

Recommendation BO.1503.

(iv) Identify and describe in detail the

necessary input parameters for the

execution of the computer program

identified in paragraph (a)(1)(iii) of this

section.

(v) Provide the result, the cumulative

probability distribution function of

EPFD, of the execution of the computer

program described in paragraph

(a)(1)(iii) of this section by using only

the input parameters contained in

paragraphs (a)(1)(i) and (a)(1)(iv) of this

section. The result must contain the

worst three (3) test points in the U.S. for

domestic service and the worst three (3)

test points on each continent, except

Antarctica, outside of the U.S. for

international services, and as many

points as the number of service areas;

i.e., foot-prints. The center of each beam

service area should be the test point

coordinate.

(2) Single-entry validation equivalent

power flux-density, in the Earth-tospace direction, EPFDup limits. (i)

Provide a set of NGSO FSS earth station

maximum equivalent isotropically

radiated power (e.i.r.p.) mask as a

function of the off-axis angle generated

by a NGSO FSS earth station. The

maximum e.i.r.p. mask shall be

generated in accordance with the

specification stipulated in the ITU–R

Recommendation BO.1503. In

particular, the results of calculations

encompass what would be radiated

regardless of the earth station

transmitter power resource allocation

and traffic/beam switching strategy are

used at different periods of a NGSO FSS

system life. The e.i.r.p. masks shall also

be in an electronic form that can be

accessed by the computer program

contained in paragraph (a)(2)(iii) of this

section.

(ii) Identify and describe in detail the

assumptions and conditions used in

generating the maximum earth station

e.i.r.p. mask.

(iii) Provide a computer program for

the single-entry EPFDup validation

computation, including both the source

code and the executable file. This

computer program shall be developed in

accordance with the specification

stipulated in ITU–R Recommendation

BO.1503.

(iv) Identify and describe in detail the

necessary input parameters for the

execution of the computer program

identified in paragraph (a)(2)(iii) of this

section.

(v) Provide the result of the execution

of the computer program described in

paragraph (a)(2)(iii) of this section by

using only the input parameters

contained in paragraphs (a)(2)(i) and

(a)(2)(iv) of this section. The result must

contain an EPFDup for every

longitudinal location on the

geostationary satellite orbit at every twodegree spacing that is visible to the U.S.

for domestic service and every threedegree longitudinal location in the

geostationary satellite orbit for service

outside of the U.S.

(b) Ninety days prior to the initiation

of service to the public, the NGSO FSS

system licensee shall submit a

comprehensive technical showing for

the non-geostationary satellite orbit

fixed-satellite service (NGSO FSS)

system in the bands 10.7 GHz to 14.5

GHz. The technical information shall

demonstrate that the NGSO FSS system

is expected not to operate in excess of

the additional operational EPFDdown

limits and the operational EPFDdown

limits as specified in § 25.208 (i), (j) and

notes 2 and 3 to the table in paragraph

(l). If the technical demonstration

exceeds the additional operational

EPFDdown limits or the operational

EPFDdown limits at any test points with

the U.S. for domestic service and at any

test points out side of the U.S. for

international service, the NGSO FSS

system licensee shall not initiate service

to the public until the deficiency has

been rectified by reducing satellite

transmission power or other

adjustments. This must be substantiated

by subsequent technical showings. The

technical showings consist of the

following:

(1) Single-entry additional operational

equivalent power flux-density, in the

space-to-Earth direction, (additional

operational EPFDdown) limits. (i) Provide

a set of anticipated operational power

flux-density (pfd) masks, on the surface

of the Earth, for each space station in

the NGSO FSS system. The anticipated

operational power flux-density masks

could be generated by using the method

specified in ITU–R Recommendation

BO.1503. In particular, the anticipated

operational pfd mask shall take into

account the expected maximum traffic

loading distributions and geographic

specific scheduling of the actual

measured space station antenna patterns

(see § 25.210(k)). The anticipated

operational power flux-density masks

shall also be in an electronic form that

can be accessed by the computer

program contained in paragraph

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

(ii) Identify and describe in detail the

assumptions and conditions used in

generating the anticipated operational

power flux-density masks.

(iii) Provide a computer program for

the single-entry additional operational

EPFDdown verification computation,

including both the source code and the

executable file. This computer program

could be developed by using the method

specified in ITU–R Recommendation

BO.1503.

(iv) Identify and describe in detail the

necessary input parameters for the

execution of the additional operational

EPFDdown verification computer program

identified in paragraph (b)(1)(iii) of this

section.

(v) Provide the result, the cumulative

probability distribution function of

EPFD, of the execution of the

verification computer program

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

section by using only the input

parameters contained in paragraphs

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

The result must contains the worst three

(3) test points in the U.S. for domestic

service and the worst three (3) test

points in each continent, excluding

Antarctica, out side of the U.S. for

international service plus as many

points as the number of service areas;

i.e., foot-prints. The center of each beam

service area should be the test point

coordinate.

(2) Operational equivalent power fluxdensity, space-to-Earth direction,

(operational EPFDdown) limits. Using the

information contained in (b)(1) of this

section plus the measured space station

antenna patterns, provide the result of

the execution of the computer

simulation for the anticipated in-line

operational EPFDdown levels for the 3.0,

4.5, 6.2 and 10 m GSO FSS receiving

earth station antennas having an

efficiency of 65%. The result must

contain the worst three (3) test points in

the U.S. for domestic service and the

worst three (3) test points per continent,

Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations 10621

exclude Antarctica, out side of the U.S.

for international service plus as many

points as the number of service areas;

i.e., foot-prints. The center of each beam

service area should be the test point

coordinate. In addition, also using the

information contained in (b)(1) of this

section plus the measured space station

antenna patterns, provide the result of

the execution of the computer

simulation for the anticipated in-line

operational EPFDdown levels for the 180

cm GSO BSS receiving earth station

antennas in Hawaii, and for 240 cm

GSO BSS receiving earth station

antennas in Alaska, assuming an

efficiency of 65%. The result must

contain the worst test point in Alaska

and Hawaii, plus as many points as the

number of service areas; i.e., foot-prints

in these areas, using the center of each

beam service area should be the test

point coordinate.

(c) The NGSO FSS system licensee

shall, on June 30 of each year, file a

report with the International Bureau and

the Commission’s Columbia Operations

Center in Columbia, Maryland,

certifying the status of the additional

operational EPFDdown levels into the 3 m

and 10 m GSO FSS receiving earth

station antennas, the operational

EPFDdown levels into the 3 m, 4.5 m, 6.2

m and 10 m GSO FSS receiving earth

station antennas and the operational

EPFDdown levels into the 180 cm GSO

BSS receiving earth station antennas in

Hawaii and 240 GSO BSS receiving

earth station antennas Alaska.

(d) The Commission may request at

any time additional information from

the NGSO FSS system applicant or

licensee concerning the EPFD levels and

the related technical showings.

(e) A NGSO FSS system licensee

operating a system in compliance with

the limits specified in § 25.208 (g), (i),

(j), (k), (l) and (m) shall be considered

as having fulfilled its obligations under

ITU Radio Regulations provision S22.2

with respect to any GSO network.

However, such NGSO FSS system shall

not claim protection from GSO FSS and

BSS networks operating in accordance

with this part 25 or part 100 of this

chapter, respectively, and the ITU Radio

Regulations.

(f) Coordination will be required

between NGSO FSS systems and GSO

FSS earth stations in the frequency band

10.7–12.75 GHz when all of the

following threshold conditions are met:

(1) Bandwidth overlap; and

(2) The satellite network using the

GSO has specific receive earth stations

which meet all of the following

conditions: earth station antenna

maximum isotropic gain greater than or

equal to 64 dBi; G/T of 44 dB/K or

higher; and emission bandwidth of 250

MHz; and the EPFDdown radiated by the

satellite system using the NGSO into the

GSO specific receive earth station,

either within the U.S. for domestic

service or any points outside the U.S.

for international service, exceeds

¥174.5 dB(W/(m2/40 kHz)) for any

percentage of time for NGSO systems

with all satellites only operating at or

below 2500 km altitude, or ¥202 dB(W/

(m2/40 kHz)) for any percentage of the

time for NGSO systems with any

satellites operating above 2500 km

altitude.

7. Section 25.201 is amended by

adding the following definitions in

alphabetical order to read as follows:

§ 25.201 Definitions.

* * * * *

Equivalent power flux-density. The

equivalent power flux-density (EPFD) is

the sum of the power flux-densities

produced at a geostationary satellite

orbit (GSO) receive earth or space

station on the Earth’s surface or in the

geostationary satellite orbit, as

appropriate, by all the transmit stations

within a non-geostationary satellite orbit

fixed-satellite service (NGSO FSS)

system, taking into account the off-axis

discrimination of a reference receiving

antenna assumed to be pointing in its

nominal direction. The equivalent

power flux-density, in dB(W/m2) in the

reference bandwidth, is calculated using

the following formula:

EPFD

G

d

G

i G

N

P

t i

i

r i

r

a

i

=⋅ ⋅ ( ) ⋅ ( ) 

















 =

10 10 ∑ 4 10

1

10

2 log . ,max

θ

π

φ

Where:

Na is the number of transmit stations in

the non-geostationary satellite orbit

system that are visible from the

GSO receive station considered on

the Earth’s surface or in the

geostationary satellite orbit, as

appropriate;

i is the index of the transmit station

considered in the non-geostationary

satellite orbit system;

Pi is the RF power at the input of the

antenna of the transmit station,

considered in the non-geostationary

satellite orbit system in dBW in the

reference bandwidth;

2i is the off-axis angle between the

boresight of the transmit station

considered in the non-geostationary

satellite orbit system and the

direction of the GSO receive station;

Gt(2i) is the transmit antenna gain (as a

ratio) of the station considered in

the non-geostationary satellite orbit

system in the direction of the GSO

receive station;

di is the distance in meters between the

transmit station considered in the

non-geostationary satellite orbit

system and the GSO receive station;

Ni is the off-axis angle between the

boresight of the antenna of the GSO

receive station and the direction of

the ith transmit station considered

in the non-geostationary satellite

orbit system;

Gr(Ni) is the receive antenna gain (as a

ratio) of the GSO receive station in

the direction of the ith transmit

station considered in the nongeostationary satellite orbit system;

Gr,max is the maximum gain (as a ratio)

of the antenna of the GSO receive

station;

* * * * *

NGSO FSS gateway earth station. A

gateway earth station is an earth station

complex consisting of multiple

interconnecting earth station antennas

supporting the communication routing

and switching functions of a nongeostationary satellite orbit fixedsatellite service (NGSO FSS) system as

a whole. A gateway earth station in the

NGSO FSS:

(1) Does not originate or terminate

radiocommunication traffic, but

interconnects multiple non-collocated

user earth stations operating in

frequency bands other than designated

gateway bands, through a satellite with

other primary terrestrial networks, such

as the public switched telephone

network (PSTN) and/or Internet

networks.

(2) Is prohibited from connecting

directly with a private communication

network.

(3) May also be used for telemetry,

tracking, and command transmissions

for the same NGSO FSS system.

10622 Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations

(4) May include multiple antennas,

each required to meet the antenna

performance standard in § 25.209(h),

located within an area of one second

latitude by one second longitude.

(5) Is considered as a separate gateway

earth station complex if it is out side of

the area of one second latitude by one

second longitude of paragraph (4) of this

definition, for the purposes of

coordination with terrestrial services.

* * * * *

8. Section 25.202 is amended by

revising paragraph (a)(1) to read as

follows:

§ 25.202 Frequencies, frequency tolerance

and emission limitations.

(a)(1) Frequency band. The following

frequencies are available for use by the

fixed-satellite service. Precise

frequencies and bandwidths of emission

shall be assigned on a case-by-case

basis. The Table follows:

Space-to-Earth (GHz) Earth-to-Space (GHz)

3.7–4.2 1 5.925–6.425 1

10.7–10.95 1 12 12.75–13.15 1 12

10.95–11.2 1 2 12 13.2125–13.25 1 12

11.2–11.45 1 12 13.75–14 4 12

11.45–11.7 1 2 12 14–14.2 5

11.7–12.2 3 14.2–14.5

12.2–12.7 13 13 17.3–17.8 9

18.3–18.58 1 10 27.5–29.5 1

18.58–18.8 6 10 11 29.5–30

18.8–19.3 7 10 48.2–50.2

19.3–19.7 8 10

19.7–20.2 10

37.6–38.6

40–41

1This band is shared coequally with terrestrial radiocommunication services. 2 Use of this band by geostationary satellite

orbit satellite systems in the fixed-satellite

service is limited to international systems; i.e.,

other than domestic systems. 3Fixed-satellite transponders may be used

additionally for transmissions in the broadcasting-satellite service. 4This band is shared on an equal basis with

the Government radiolocation service and

grandfathered space stations in the Tracking

and Data Relay Satellite System. 5 In this band, stations in the radionavigation

service shall operate on a secondary basis to

the fixed-satellite service. 6The band 18.58–18.8 GHz is shared coequally with existing terrestrial

radiocommunication systems until June 8,

2010. 7The band 18.8–19.3 GHz is shared coequally with terrestrial radiocommunication

services, until June 8, 2010. After this date,

the sub-band 19.26–19.3 GHz is shared coequally with existing terrestrial

radiocommunication systems. 8The use of the band 19.3–19.7 GHz by the

fixed-satellite service (space-to-Earth) is limited to feeder links for the mobile-satellite

service. 9The use of the band 17.3–17.8 GHz by the

fixed-satellite service (Earth-to-space) is limited to feeder links for broadcasting-satellite

service, and the sub-band 17.7–17.8 GHz is

shared co-equally with terrestrial fixed services.

10This band is shared co-equally with the

Federal Government fixed-satellite service. 11The band 18.6–18.8 GHz is shared coequally with the non-Federal Government and

Federal Government Earth exploration-satellite

(passive) and space research (passive) services. 12 Use of this band by non-geostationary

satellite orbit systems in the fixed-satellite

service is limited to gateway earth station operations. 13 Use of this band by the fixed-satellite

service is limited to non-geostationary satellite

orbit systems.

* * * * *

9. Section 25.203 is amended by

revising paragraphs (b), (c), and (d) to

read as follows:

§ 25.203 Choice of sites and frequencies.

* * * * *

(b) An applicant for an earth station

authorization in a frequency band

shared with equal rights with terrestrial

microwave services shall compute the

great circle coordination distance

contour(s) for the proposed station in

accordance with the procedures set

forth in § 25.251. The applicant shall

submit with the application a map or

maps drawn to appropriate scale and in

a form suitable for reproduction

indicating the location of the proposed

station and these contours. These maps,

together with the pertinent data on

which the computation of these

contours is based, including all relevant

transmitting and/or receiving

parameters of the proposed station that

is necessary in assessing the likelihood

of interference, an appropriately scaled

plot of the elevation of the local horizon

as a function of azimuth, and the

electrical characteristics of the earth

station antenna(s), shall be submitted by

the applicant in a single exhibit to the

application. The coordination distance

contour plot(s), horizon elevation plot,

and antenna horizon gain plot(s)

required by this section may also be

submitted in tabular numerical format at

5° azimuthal increments instead of

graphical format. At a minimum, this

exhibit shall include the information

listed in paragraph (c)(2) of this section.

An earth station applicant shall also

include in the application relevant

technical details (both theoretical

calculations and/or actual

measurements) of any special

techniques, such as the use of artificial

site shielding, or operating procedures

or restrictions at the proposed earth

station which are to be employed to

reduce the likelihood of interference, or

of any particular characteristics of the

earth station site which could have an

effect on the calculation of the

coordination distance.

(c) Prior to the filing of its application,

an earth station applicant shall

coordinate the proposed frequency

usage with existing terrestrial users and

with applicants for terrestrial station

authorizations with previously filed

applications in accordance with the

following procedure:

(1) An applicant for an earth station

authorization shall perform an

interference analysis in accordance with

the procedures set forth in § 25.251 for

each terrestrial station, for which a

license or construction permit has been

granted or for which an application has

been accepted for filing, which is or is

to be operated in a shared frequency

band to be used by the proposed earth

station and which is located within the

great circle coordination distance

contour(s) of the proposed earth station.

(2) The earth station applicant shall

provide each such terrestrial station

licensee, permittee, and prior filed

applicant with the technical details of

the proposed earth station and the

relevant interference analyses that were

made. At a minimum, the earth station

applicant shall provide the terrestrial

user with the following technical

information:

(i) The geographical coordinates of the

proposed earth station antenna(s),

(ii) Proposed operating frequency

band(s) and emission(s),

(iii) Antenna center height above

ground and ground elevation above

mean sea level,

(iv) Antenna gain pattern(s) in the

plane of the main beam,

(v) Longitude range of geostationary

satellite orbit (GSO) satellites at which

antenna may be pointed, for proposed

earth station antenna(s) accessing GSO

satellites,

(vi) Horizon elevation plot,

(vii) Antenna horizon gain plot(s)

determined in accordance with § 25.251

for satellite longitude range specified in

paragraph (c)(2)(v) of this section, taking

into account the provisions of § 25.251

for earth stations operating with nongeostationary satellites,

(viii) Minimum elevation angle,

(ix) Maximum equivalent

isotropically radiated power (e.i.r.p.)

density in the main beam in any 4 kHz

band, (dBW/4 kHz) for frequency bands

below 15 GHz or in any 1 MHz band

(dBW/MHz) for frequency band above

15 GHz,

(x) Maximum available RF transmit

power density in any 1 MHz band and

in any 4 kHz band at the input terminals

of the antenna(s),

(xi) Maximum permissible RF

interference power level as determined

in accordance with § 25.251 for all

applicable percentages of time, and

(xii) A plot of great circle

coordination distance contour(s) and

Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations 10623

rain scatter coordination distance

contour(s) as determined by § 25.251.

(3) The coordination procedures

specified in § 101.103 of this chapter

and § 25.251 shall be applicable except

that the information to be provided shall

be that set forth in paragraph (c)(2) of

this section, and that the 30-day period

allowed for response to a request for

coordination may be increased to a

maximum of 45 days by mutual consent

of the parties.

(4) Where technical problems are

resolved by an agreement or operating

arrangement between the parties that

would require special procedures be

taken to reduce the likelihood of

harmful interference (such as the use of

artificial site shielding) or would result

in lessened quality or capacity of either

system, the details thereof shall be

contained in the application.

(5) The Commission may, in the

course of examining any application,

require the submission of additional

showings, complete with pertinent data

and calculations in accordance with

§ 25.251, showing that harmful

interference is not likely to result from

the proposed operation.

(d) An applicant for an earth station

authorization shall also ascertain

whether the great circle coordination

distance contours and rain scatter

coordination distance contours,

computed for those values of parameters

indicated in § 25.251 (Appendix S7 of

the ITU RR) for international

coordination, cross the boundaries of

another Administration. In this case, the

applicant shall furnish the Commission

copies of these contours on maps drawn

to appropriate scale for use by the

Commission in effecting coordination of

the proposed earth station with the

Administration(s) affected.

* * * * *

10. Section 25.204 is amended by

revising paragraph (f) to read as follows:

§ 25.204 Power limits.

* * * * *

(f) In the band 13.75–14 GHz, an earth

station in the fixed-satellite service shall

have a minimum antenna diameter of

4.5 m and the e.i.r.p. of any emission

should be at least 68 dBW and should

not exceed 85 dBW. The e.i.r.p. density

of emissions from any earth station in

the FSS operating with a space station

in geostationary-satellite orbit shall not

exceed 71 dBW in any 6 MHz band from

13.77 to 13.78 GHz. The e.i.r.p. density

of emissions from any earth station in

the FSS operating with a space station

in non-geostationary-satellite orbit shall

not exceed 51 dBW in any 6 MHz band

from 13.77 to 13.78 GHz. Automatic

power control may be used to increase

the e.i.r.p. density in the 6 MHz band in

this frequency range to compensate for

rain attenuation, to the extent that the

power flux-density at the FSS space

station does not exceed the value

resulting from use by an earth station of

an e.i.r.p. of 71 dBW or 51 dBW, as

appropriate, in the 6 MHz band in clearsky conditions.

* * * * *

11. Section 25.208 is amended by

revising paragraph (b) and adding new

paragraphs (g), (h), (i), (j), (k), (l), and

(m) to read as follows:

§ 25.208 Power flux density limits.

* * * * *

(b) In the bands 10.95–11.2 and

11.45–11.7 GHz for GSO FSS space

stations and 10.7–11.7 GHz for NGSO

FSS space stations, the power fluxdensity at the Earth’s surface produced

by emissions from a space station for all

conditions and for all methods of

modulation shall not exceed the lower

of the following values:

(1) ¥150 dB(W/m2) in any 4 kHz

band for angles of arrival between 0 and

5 degrees above the horizontal plane;

¥150 + (δ¥5)/2 dB(W/m2) in any 4 kHz

band for angles of arrival (δ) (in degrees)

between 5 and 25 degrees above the

horizontal plane; and ¥140 dB(W/m2)

in any 4 kHz band for angles of arrival

between 25 and 90 degrees above the

horizontal plane; or

(2) ¥126 dB(W/m2) in any 1 MHz

band for angles of arrival between 0 and

5 degrees above the horizontal plane;

¥126 + (δ¥5)/2 dB(W/m2) in any 1

MHz band for angles of arrival (δ) (in

degrees) between 5 and 25 degrees

above the horizontal plane; and ¥116

dB(W/m2) in any 1 MHz band for angles

of arrival between 25 and 90 degrees

above the horizontal plane.

Note to paragraph (b): These limits relate

to the power flux density, which would be

obtained under assumed free-space

propagation conditions.

* * * * *

(g) In the frequency bands 10.7–11.7

GHz and 11.7–12.2 GHz, the singleentry equivalent power-flux density in

the space-to-Earth direction (EPFDdown),

at any point on the Earth’s surface,

produced by emissions from all cofrequency space stations of a single nongeostationary-satellite orbit (NGSO)

system operating in the fixed-satellite

service (FSS) shall not exceed the

following limits for the given

percentages of time. Tables 1G and 2G

follow:

TABLE 1G.—SINGLE-ENTRY EPFDdown LIMITS FOR PROTECTION OF 0.6, 1.2, 3 AND 10 METER GSO FSS EARTH

STATION ANTENNAS 1 2

Frequency band (GHz) for International

Allocations

Single-entry

EPFDdown

dB(W/m2)

Percentage of

time during

which

EPFDdown

level may not

be exceeded

Reference

bandwidth

(kHz)

Reference antenna diameter and reference

radiation pattern 3

10.7–11.7 in all Regions; 11.7–12.2 in Region

2; 12.2–12.5 in Region 3; and 12.5–12.75

in Regions 1 and 3.

¥175.4

¥174

¥170.8

¥165.3

¥160.4

¥160

¥160

0

90

99

99.73

99.991

99.997

100

40

60 cm, Recommendation ITU–R S.1428.

10624 Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations

TABLE 1G.—SINGLE-ENTRY EPFDdown LIMITS FOR PROTECTION OF 0.6, 1.2, 3 AND 10 METER GSO FSS EARTH

STATION ANTENNAS 1 2—Continued

Frequency band (GHz) for International

Allocations

Single-entry

EPFDdown

dB(W/m2)

Percentage of

time during

which

EPFDdown

level may not

be exceeded

Reference

bandwidth

(kHz)

Reference antenna diameter and reference

radiation pattern 3

10.7–11.7 in all Regions; 11.7–12.2 in Region

2; 12.2–12.5 in Region 3; and 12.5–12.75

in Regions 1 and 3.

¥181.9

¥178.4

¥173.4

¥173

¥164

¥161.6

¥161.4

¥160.8

¥160.5

¥160

¥160

0

99.5

99.74

99.857

99.954

99.984

99.991

99.997

99.997

99.9993

100

40

1.2 m, Recommendation ITU–R S.1428.

10.7–11.7 in all Regions; 11.7–12.2 in Region

2; 12.2–12.5 in Region 3; and 12.5–12.75

in Regions 1 and 3.

¥190.45

¥189.45

¥187.45

¥182.4

¥182

¥168

¥164

¥162

¥160

¥160

0

90

99.5

99.7

99.855

99.971

99.988

99.995

99.999

100

40

3 m, Recommendation ITU–R S.1428.

10.7–11.7 in all Regions; 11.7–12.2 in Region

2; 12.2–12.5 in Region 3; and 12.5–12.75

in Regions 1 and 3.

¥195.45

¥195.45

¥190

¥190

¥172.5

¥160

¥160

0

99

99.65

99.71

99.99

99.998

100

40

10 m, Recommendation ITU–R S.1428.

1 In addition to the limits shown in Table 1G, the limits shown in Table 2G shall apply to all antenna sizes greater than 60 cm in the frequency

bands listed in Table 1G. 2For each reference antenna diameter, the limit consists of the complete curve on a plot which is linear in decibels for the EPFD levels and

logarithmic for the time percentages, with straight lines joining the data points. 3The earth station antenna reference radiation patterns are to be used only for the calculation of interference from NGSO FSS systems into

GSO FSS systems.

TABLE 2G.—SINGLE-ENTRY EPFDdown LIMITS RADIATED BY NON-GSO FSS SYSTEMS AT CERTAIN LATITUDES

100% of the time EPFDdown dB(W/(m2/40 kHz)) Latitude (North or South in degrees)

–160 .......................................................................................................... 0 < | Latitude | ≤ 57.5.

–160 + 3.4 (57.5 ¥ | Latitude | )/4 ........................................................... 57.5 < | Latitude | ≤ 63.75

–165.3 ....................................................................................................... 63.75 ≤ | Latitude |

Note to paragraph (g): These limits relate

to the equivalent power flux density, which

would be obtained under free-space

propagation conditions, for all conditions

and for all methods of modulation.

(h) In the frequency bands 10.7–11.7

GHz and 11.7–12.2 GHz, the aggregate

equivalent power-flux density in the

space-to-Earth direction (EPFDdown), at

any point on the Earth’s surface,

produced by emissions from all cofrequency space stations of all nongeostationary-satellite orbit systems

operating in the fixed-satellite service

(FSS) shall not exceed the following

limits for the given percentages of time.

Tables 1H and 2H follow:

Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations 10625

TABLE 1H.—AGGREGATE EPFDdown LIMITS FOR PROTECTION OF 0.6, 1.2, 3 AND 10 METER GSO FSS EARTH STATION

ANTENNAS 1

Frequency band (GHz) for International Allocations

Aggregate

EPFDdown

dB(W/m2)

Percentage of

time during

which

EPFDdown may

not be

exceeded

Reference

bandwidth

(kHz)

Reference antenna diameter and reference

radiation pattern 2

10.7–11.7 in all Regions; 11.7–12.2 in Region

2; 12.2–12.5 in Region 3; and 12.5–12.75

in Regions 1 and 3.

¥170

¥168.6

¥165.3

¥160.4

¥160

¥160

0

90

99

99.97

99.99

100

40

60 cm, Recommendation ITU–R S.1428.

10.7–11.7 in all Regions; 11.7–12.2 in Region

2; 12.2–12.5 in Region 3; and 12.5–12.75

in Regions 1 and 3.

¥176.5

¥173

¥164

¥161.6

¥164.4

¥160.8

¥160.5

¥160

¥160

0

99.5

99.84

99.945

99.97

99.99

99.99

99.9975

100

40

1.2 m, Recommendation ITU–R S.1428.

10.7–11.7 in all Regions; 11.7–12.2 in Region

2; 12.2–12.5 in Region 3; and 12.5–12.75

in Regions 1 and 3.

¥185

¥184

¥182

¥168

¥164

¥162

¥160

¥160

0

90

99.5

99.9

99.96

99.982

99.997

100

40

3 m, Recommendation ITU–R S.1428.

10.7–11.7 in all Regions; 11.7–12.2 in Region

2; 12.2–12.5 in Region 3; and 12.5–12.75

in Regions 1 and 3.

¥190

¥190

¥166

¥160

¥160

0

99

99.99

99.998

100

40

10 m, Recommendation ITU–R S.1428.

1 In addition to the limits shown in Table 1H, the aggregate EPFDdown limits shown in Table 2H shall apply to all antenna sizes greater than 60

cm in the frequency bands listed in Table 1H. 2The earth station antenna reference patterns are to be used only for the calculation of interference from NGSO FSS systems into GSO FSS

systems.

TABLE 2H.—SINGLE-ENTRY EPFDdown LIMITS RADIATED BY NON-GSO FSS SYSTEMS AT CERTAIN LATITUDES

100% of the time EPFDdown dB(W/(m2/40 kHz)) Latitude (North or South in degrees)

–160 .......................................................................................................... 0 < | Latitude | ≤ 57.5

–160 + 3.4 (57.5 ¥ | Latitude |)/4 ............................................................ 57.5 < | Latitude | ≤ 63.75

–165.3 ....................................................................................................... 63.75 ≤ | Latitude |

Note to paragraph (h): These limits relate

to the equivalent power flux density, which

would be obtained under free-space

propagation conditions, for all conditions

and for all methods of modulation.

(i) In the frequency bands 10.7–11.7

GHz and 11.7–12.2 GHz, the additional

operational equivalent power-flux

density, in the space-to-Earth direction,

(additional operational EPFDdown) at any

point on the Earth’s surface, produced

by actual operational emissions from all

co-frequency space stations of a nongeostationary-satellite orbit (NGSO)

system operating in the fixed-satellite

service (FSS) shall not exceed the

following operational limits for the

given percentages of time:

ADDITIONAL OPERATIONAL LIMITS ON THE EPFDdown RADIATED BY NON-GSO FSS SYSTEMS INTO 3 M AND 10 M GSO

FSS EARTH STATION ANTENNAS

EPFDdown dB(W/(m2/40 kHz))

Percentage of time during

which EPFDdown may not be

exceeded

Receive GSO earth station

antenna diameter (m)

¥182 ................................................................................................................... 99.9.

¥179 ................................................................................................................... 99.94.

¥176 ................................................................................................................... 99.97.

¥171 ................................................................................................................... 99.98.

10626 Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations

ADDITIONAL OPERATIONAL LIMITS ON THE EPFDdown RADIATED BY NON-GSO FSS SYSTEMS INTO 3 M AND 10 M GSO

FSS EARTH STATION ANTENNAS—Continued

EPFDdown dB(W/(m2/40 kHz))

Percentage of time during

which EPFDdown may not be

exceeded

Receive GSO earth station

antenna diameter (m)

¥168 ................................................................................................................... 99.984 ...................................... 3.

¥165 ................................................................................................................... 99.993.

¥163 ................................................................................................................... 99.999.

¥161.25 .............................................................................................................. 99.99975.

¥161.25 .............................................................................................................. 100.

¥185 ................................................................................................................... 99.97.

¥183 ................................................................................................................... 99.98.

¥179 ................................................................................................................... 99.99.

¥175 ................................................................................................................... 99.996.

¥171 ................................................................................................................... 99.998 ...................................... 10.

¥168 ................................................................................................................... 99.999.

¥166 ................................................................................................................... 99.9998.

¥166 ................................................................................................................... 100.

Note to paragraph (i): These limits relate

to the equivalent power flux density, which

is obtained under free-space propagation

conditions, for all conditions and for all

methods of modulation.

(j) In the frequency bands 10.7–11.7

GHz and 11.7–12.2 GHz, the operational

equivalent power-flux density, in the

space-to-Earth direction, (operational

EPFDdown) at any point on the Earth’s

surface, produced by actual operational

emissions from the in-line co-frequency

space station of a non-geostationarysatellite orbit (NGSO) system operating

in the fixed-satellite service (FSS) shall

not exceed the following operational

limits for 100% of the time:

OPERATIONAL LIMITS TO THE EPFDdown RADIATED BY NON-GSO FSS SYSTEMS IN CERTAIN FREQUENCY BANDS1

Frequency band (GHz) for International allocations EPFDdown

dB(W/m2)

Percentage

of time during which

EPFDdown

may not be

exceeded

Reference

bandwidth

(kHz)

Receive

GSO earth

station antenna diameter 2 (m)

Orbital inclination

of GSO satelite

(degrees)

Prior to 31 December 2005: 10.7–11.7 in all Regions; 11.7–12.2

in Regions 2; 12.2–12.5 in Region 3; and 12.5;–12.75 in Regions 1 and 3 ............................................................................... ¥163

¥166

¥167.5

¥169.5

100 40

3

6

9

≥18

≤2.5

Prior to 31 December 2005: 10.7–11.7 in all Regions; 11.7–12.2

in Region 2; 12.2–12.5 in Region 3; and 12.5–12.75 in Regions

1 and 3 ......................................................................................... ¥160

¥163

¥164.5

¥166.5

100 40

3

6

9

≥18

>2.5 and ≤4.5

From 31 December 2005: 10.7–11.7 in all Regions; 11.7–12.2 in

Region 2; 12.2–12.5 in Region 3; and 12.5–12.75 in Regions 1

and 3 ............................................................................................ ¥161.25

¥164

¥165.5

¥167.5

100 40

3

6

9

≥18

≤2.5

From 31 December 2005: 10.7–11.7 in all Regions; 11.7–12.2 in

Region 2; 12.2–12.5 in Region 3; and 12.5–12.75 in Regions 1

and 3 ............................................................................................ ¥158.25

¥161

¥162.5

¥164.5

100 40

3

6

9

≥18

>2.5 and ≤4.5

1The operational limits on the EPFDdown radiated by non-GSO FSS systems shall be the values given in Table 2G or this table, whichever are

the more stringent. 2For antenna diameters between the values given in this table, the limits are given by linear interpolation using a linear scale for EPFDdown in

decibels and a logarithmic scale for antenna diameter in meters.

Note to paragraph (j): These limits relate

to the operational equivalent power fluxdensity which would be obtained under freespace propagation conditions, for all

conditions, for all methods of modulation

Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations 10627

and for the specified inclined GSO FSS

operations.

(k) In the frequency bands 12.75–

13.15 GHz, 13.2125–13.25 GHz and

13.75–14.5 GHz, the equivalent power

flux-density, in the Earth-to-space

direction, (EPFDup) produced at any

point on the geostationary satellite orbit

(GSO) by the emissions from all cofrequency earth stations in a nongeostationary satellite orbit fixedsatellite service (NGSO FSS) system, for

all conditions and for all methods of

modulation, shall not exceed the

following limits for the specified

percentages of time limits:

LIMITS TO THE EPFDup RADIATED BY NGSO FSS SYSTEMS IN CERTAIN FREQUENCY BANDS

Frequency band (GHz) for International Allocations EPFDup

dB(W/m2)

Percentage

of time during which

EPFDup

may not be

exceeded

Reference

bandwidth

(kHz)

Reference antenna

beamwidth and reference radiation

pattern 1

12.5–12.75; 12.75–13.25; 13.75–14.5 ................................................................ ¥160 100 40 4°

ITU–R S.672–4,

Ls=¥20

1For the case of Ls = ¥10, the values a = 1.83 and b = 6.32 should be used in the equations in the Annex of Recommendation ITU–R S.672–

4 for single-feed circular beams. In all cases of Ls, the parabolic main beam equation should start at zero.

Note to paragraph (k): These limits relate

to the uplink equivalent power flux density,

which would be obtained under free-space

propagation conditions, for all conditions

and for all methods of modulation.

(l) In the frequency bands 11.7–12.2

GHz and 12.5–12.75 GHz in Region 3,

11.7–12.5 GHz in Region 1 and 12.2–

12.7 GHz in Region 2, the single-entry

equivalent power-flux density, in the

space-to-Earth direction, (EPFDDOWN),

at any point on the Earth’s surface,

produced by emissions from all cofrequency space stations of a single nongeostationary-satellite orbit (NGSO)

system operating in the fixed-satellite

service (FSS) shall not exceed the

following limits in Tables 1L and 2L for

the given percentages of time:

TABLE 1L.—SINGLE-ENTRY EPFD DOWN LIMITS FOR PROTECTION OF 30, 45, 60, 90, 120, 180, 240 AND 300 CM GSO

BSS EARTH STATION ANTENNAS 123

Frequency band (GHz) for international

allocations

EPDF down

dB(W/m2)

Percentage of

time during

which

EPFDdown

level may not

be exceeded

Reference

bandwidth

(kHz)

Reference antenna diameter and reference

radiation pattern 4

11.7–12.5 in Region 1; 1.7–12.2 and 12.5–

12.75 in Region 3; 12.2–12.7 in Region 2.

¥165.841

¥165.541

¥164.041

¥158.6

¥158.6

¥158.33

¥158.33

0

25

96

98.857

99.429

99.429

99.429

100

40 30 cm

Recommendation ITU–R

BO.1443 Annex 1

11.7–12.5 in Region 1; 1.7–12.2 and 12.5–

12.75 in Region 3; 12.2–12.7 in Region 2.

¥175.441

¥172.441

¥169.441

¥164

¥160.75

¥160

¥160

0

66

97.75

99.357

99.809

99.986

100

40 45 cm

Recommendation ITU–R

BO.1443 Annex 1

11.7–12.5 in Region 1; 1.7–12.2 and 12.5–

12.75 in Region 3; 12.2–12.7 in Region 2.

¥176.441

¥173.191

¥167.75

¥162

¥161

¥160.2

¥160

¥160

0

97.8

99.371

99.886

99.943

99.971

99.997

100

40 60 cm

Recommendation ITU–R

BO. 1443 Annex 1

10628 Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations

TABLE 1L.—SINGLE-ENTRY EPFD DOWN LIMITS FOR PROTECTION OF 30, 45, 60, 90, 120, 180, 240 AND 300 CM GSO

BSS EARTH STATION ANTENNAS 123—Continued

Frequency band (GHz) for international

allocations

EPDF down

dB(W/m2)

Percentage of

time during

which

EPFDdown

level may not

be exceeded

Reference

bandwidth

(kHz)

Reference antenna diameter and reference

radiation pattern 4

11.7–12.5 in Region 1; 1.7–12.2 and 12.5–

12.75 in Region 3; 12.2–12.7 in Region 2.

¥178.94

¥178.44

¥176.44

¥171

¥165.5

¥163

¥161

¥160

¥160

0

33

98

99.429

99.714

99.857

99.943

99.991

100

40 90 cm

Recommendation ITU–R

BO.1443 Annex 1

11.7–12.5 in Region 1; 1.7–12.2 and 12.5–

12.75 in Region 3; 12.2–12.7 in Region 2.

¥182.44

¥180.69

¥179.19

¥178.44

¥174.94

¥173.75

¥173

¥169.5

¥167.8

¥164

¥161.9

¥161

¥160.4

¥160

0

90

98.9

98.9

99.5

99.68

99.68

99.85

99.915

99.94

99.97

99.99

99.998

100

40 120 cm

Recommendation ITU–R

BO.1443 Annex 1

11.7–12.5 in Region 1; 1.7–12.2 and 12.5–

12.75 in Region 3; 12.2–12.7 in Region 2.

¥184.941

¥184.101

¥181.691

¥176.25

¥163.25

¥161.5

¥160.35

¥160

¥160

0

33

98.5

99.571

99.946

99.974

99.993

99.999

100

40 180 cm 3

Recommendation ITU–R

BO.1443 Annex 1

11.7–12.5 in Region 1; 1.7–12.2 and 12.5–

12.75 in Region 3; 12.2–12.7 in Region 2.

¥187.441

¥186.341

¥183.441

¥178

¥161.4

¥161.9

¥160.5

¥160

¥160

0

33

99.25

99.786

99.957

99.983

99.994

99.999

100

40 240 cm 2

Recommendation ITU–R

BO.1443 Annex 1

11.7–12.5 in Region 1; 1.7–12.2 and 12.5–

12.75 in Region 3; 12.2–12.7 in Region 2.

¥191.941

¥189.441

¥185.941

¥180.5

¥173

¥167

¥162

¥160

¥160

0

33

99.5

99.857

99.914

99.951

99.983

99.991

100

40 300 cm

Recommendation ITU–R

BO.1443 Annex 1

1For BSS antenna diameters 180 cm, 240 cm and 300 cm, in addition to the single-entry limits shown in Table 1L, the limits in Table 2L shall

also apply in the frequency band listed in Table 1L. 2For 240 cm GSO BSS earth station antennas located in Alaska, communicating with GSO BSS satellites at the 91° W.L., 101° W.L., 110°

W.L., 119° W.L. and 148° W.L. nominal orbital locations with elevation angles greater than 5°, ¥167 dB(W/(m2/40 kHz)) single-entry 100% of the

time operational EPFDdown limit also applies to receive antennas. 3For 180 cm GSO BSS earth station antennas located in Hawaii communicating with GSO BSS satellites that are operational as of December

30, 1999 at the 110° W.L., 119° W.L. and 148° W.L. nominal orbital positions, ¥162.5 dB(W/(m2/40 kHz)) single-entry 100% of the time operational EPFDdown limit also applies. 4 Under the section reference pattern of Annex 1 to Recommendation ITU-R BO.1443 shall be used only for the calculation of interference from

non-GSO FSS systems into BSS systems.

Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations 10629

TABLE 2L.—SINGLE-ENTRY EPFDdown LIMITS RADIATED BY NON-GSO FSS SYSTEMS AT CERTAIN LATITUDES

100% of the time EPFDdown dB(W/(m2/40 kHz)) Latitude (North or South in degrees)

¥160.0 ..................................................................................................... 0 ≤ | Latitude | ≤ 57.5

¥160.0 + 3.4 (57.5 ¥ | Latitude |)/4 ....................................................... 57.5 ≤ | Latitude | ≤ 63.75

¥165.3 ..................................................................................................... 63.75 ≤ | Latitude |

Note to paragraph (l): These limits relate

to the equivalent power flux density, which

would be obtained under free-space

propagation conditions, for all conditions

and for all methods of modulation.

(m) In the frequency bands 11.7–12.2

GHz and 12.5–12.75 GHz in Region 3,

11.7–12.5 GHz in Region 1 and 12.2–

12.7 GHz in Region 2, the aggregate

equivalent power-flux density, in the

space-to-Earth direction, (EPFDdown) at

any point on the Earth’s surface,

produced by emissions from all cofrequency space stations of all nongeostationary-satellite orbit systems

operating in the fixed-satellite service

(FSS) shall not exceed the following

limits in Tables 1M and 2M for the

given percentages of time:

TABLE 1M.—AGGREGATE EPFDdown LIMITS FOR PROTECTION OF 30, 45, 60, 90, 120, 180, 240 AND 300 CM GSO BSS

EARTH STATION ANTENNAS 1, 2, 3

Frequency band (GHz) for international allocations EPFDdown

dB (W/m2)

Percentage

of time during which

EPFDdown

level may

not be exceeded

Reference

bandwidth

(kHz)

Reference antenna diameter, and

reference radiation pattern 4

11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in Region 3;

12.2–12.7 in Region 2.

¥160.4

¥160.1

¥158.6

¥158.6

¥158.33

¥158.33

0

25

96

98

98

100

40

30 cm

Recommendation ITU–R

BO.1443

Annex 1.

11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in Region 3;

12.2–12.7 in Region 2.

¥170

¥167

¥164

¥160.75

¥160

¥160

0

66

97.75

99.33

99.95

100

40

45 cm

Recommendation ITU–R

BO.1443

Annex 1.

11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in Region 3;

12.2–12.7 in Region 2.

¥171

¥168.75

¥167.75

¥162

¥161

¥160.2

¥160

¥160

0

90

97.8

99.6

99.8

99.9

99.99

100

40

60 cm

Recommendation ITU–R

BO.1443

Annex 1.

11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in Region 3;

12.2–12.7 in Region 2.

¥173.75

¥173

¥171

¥165.5

¥163

¥161

¥160

¥160

0

33

98

99.1

99.5

99.8

99.97

100

40

90 cm

Recommendation ITU–R

BO.1443

Annex 1.

11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in Region 3;

12.2–12.7 in Region 2.

¥177

¥175.25

¥173.75

¥173

¥169.5

¥167.8

¥164

¥161.9

¥161

¥160.4

¥160

0

90

98.9

98.9

99.5

99.7

99.82

99.9

99.965

99.993

100

40

120 cm

Recommendation ITU–R

BO.1443

Annex 1.

10630 Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations

TABLE 1M.—AGGREGATE EPFDdown LIMITS FOR PROTECTION OF 30, 45, 60, 90, 120, 180, 240 AND 300 CM GSO BSS

EARTH STATION ANTENNAS 1, 2, 3—Continued

Frequency band (GHz) for international allocations EPFDdown

dB (W/m2)

Percentage

of time during which

EPFDdown

level may

not be exceeded

Reference

bandwidth

(kHz)

Reference antenna diameter, and

reference radiation pattern 4

11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in Region 3;

12.2–12.7 in Region 2.

¥179.5

¥178.66

¥176.25

¥163.25

¥161.5

¥160.35

¥160

¥160

0

33

98.5

99.81

99.91

99.975

99.995

100

40

180 cm

Recommendation ITU–R

BO.1443

Annex 1.

11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in Region 3;

12.2–12.7 in Region 2.

¥182

¥180.9

¥178

¥164.4

¥161.9

¥160.5

¥160

¥160

0

33

99.25

99.85

99.94

99.98

99.995

100

40

240 cm

Recommendation ITU–R

BO.1443

Annex 1.

11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in Region 3;

12.2–12.7 in Region 2.

¥186.5

¥184

¥180.5

¥173

¥167

¥162

¥160

¥160

0

33

99.5

99.7

99.83

99.94

99.97

100

40

300 cm

Recommendation ITU–R

BO.1443

Annex 1.

1For BSS antenna diameters 180 cm, 240 cm and 300 cm, in addition to the aggregate limit shown in Table 1M, the limits in Table 2M shall

also apply. 2For 240 cm GSO BSS earth station antennas located in Alaska, communicating with GSO BSS satellites at the 91° W.L., 101° W.L., 110°

W.L., 119° W.L. and 148° W.L. nominal orbital locations with elevation angles greater than 5°, ¥167 dB(W/(m2/40 kHz)) aggregate 100% of the

time operational EPFDdown limit also applies to receive antennas. 3For 180 cm GSO BSS earth station antennas located in Hawaii communicating with GSO BSS satellites that are operational as of December

30, 1999 at the 110° W.L., 119° W.L. and 148° W.L. nominal orbital positions, ¥162.5 dB(W/(m2/40 kHz)) aggregate 100% of the time operational EPFDdown limit also applies. 4 Under the section reference pattern of Annex 1 to Recommendation ITU–R BO.1443 shall be used only for the calculation of interference

from non-GSO FSS systems into GSO BSS systems.

TABLE 2M.—AGGREGATE EPFDdown LIMITS RADIATED BY NON-GSO FSS SYSTEMS AT CERTAIN LATITUDES

00% of the time EPFDdown dB(W/(m2/40 kHz)) Latitude (North or South in degrees)

160.0 ......................................................................................................... 0 ≤ | Latitude | ≤ 57.5.

160.0 + 3.4 (57.5 ¥ | Latitude | )/4 .......................................................... 57.5 ≤ | Latitude | ≤ 63.75.

165.3 ......................................................................................................... 63.75 ≤ | Latitude |.

Note to paragraph (m): These limits relate

to the equivalent power flux density, which

would be obtained under free-space

propagation conditions, for all conditions

and for all methods of modulation.

12. Section 25.209 is amended by

revising paragraph (a) introductory text

and adding new paragraph (h) to read as

follows:

§ 25.209 Antenna performance standards.

(a) The gain of any antenna to be

employed in transmission from an earth

station in the geostationary satellite

orbit fixed-satellite service (GSO FSS)

shall lie below the envelope defined as

follows:

* * * * *

(h)(1) The gain of any antennas to be

employed in transmission from a

gateway earth station antenna operating

in the frequency bands 10.7–11.7 GHz,

12.75–13.15 GHz, 13.2125–13.25 GHz,

13.8–14.0 GHz, and 14.4–14.5 GHz and

communicating with NGSO FSS

satellites shall lie below the envelope

defined as follows:

29 ¥ 25log10 (θ) dBi ¥ 10 dBi

1B ≤ θ ≤ 36B

36B ≤ θ ≤ 180B

Where: θ is the angle in degrees from the axis

of the main lobe, and dBi refers to dB relative

to an isotropic radiator.

(2) For the purposes of this section,

the peak gain of an individual sidelobe

may not exceed the envelope defined in

paragraph (h)(1) of this section.

13. Section 25.212, is amended by

revising the section heading to read as

follows:

§ 25.212 Narrowband transmissions in the

12/14 GHz GSO Fixed-Satellite Service.

* * * * *

14. Section 25.251 is revised to read

as follows:

Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations 10631

§ 25.251 Special requirements for

coordination.

(a) The administrative aspects of the

coordination process are set forth in

§ 101.103 of this chapter in the case of

coordination of terrestrial stations with

earth stations, and in § 25.203 in the

case of coordination of earth stations

with terrestrial stations.

(b) The technical aspects of

coordination are based on Appendix S7

of the International Telecommunication

Union Radio Regulations and certain

recommendations of the ITU

Radiocommunication Sector (available

at the FCC’s Reference Information

Center, Room CY–A257, 445 12th Street,

SW., Washington, DC 20554).

15. Section 25.271 is amended by

adding new paragraph (e) to read as

follows:

§ 25.271 Control of transmitting stations.

* * * * *

(e) The licensee of an NGSO FSS

system operating in the 10.7–14.5 GHz

bands shall maintain an electronic web

site bulletin board to list the satellite

ephemeris data, for each satellite in the

constellation, using the North American

Aerospace Defense Command (NORAD)

two-line orbital element format. The

orbital elements shall be updated at

least once every three days.

[FR Doc. 01–3710 Filed 2–15–01; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–273; MM Docket No. 00–222, RM–

10002; MM Docket No. 00–223, RM–10003;

MM Docket No. 00–224, RM–10004; MM

Docket No. 00–225, RM–10005]

Radio Broadcasting Services; North

English, IA; Pendleton, SC; Hamilton

TX; Munday, TX

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document grants four

proposals that allot new channels to

North English, Iowa; Pendleton, South

Carolina; Hamilton, Texas; and Munday,

Texas. Filing windows for Channel

246A at North English, Iowa; Channel

240A at Pendleton, South Carolina;

Channel 299A at Hamilton, Texas; and

Channel 270C1 at Munday, Texas, will

not be opened at this time. Instead, the

issue of opening a filing window for

these channels will be addressed by the

Commission in a subsequent order.

DATES: Effective March 19, 2001.

FOR FURTHER INFORMATION CONTACT: R.

Barthen Gorman, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order in MM Docket No. 00–222;

MM Docket No. 00–223; MM Docket No.

00–224; and MM Docket No. 00–225;

adopted January 24, 2001, and released

February 2, 2001. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Information Center (Room CY–A257),

445 12th Street, SW., Washington, DC.

The complete text of this decision may

also be purchased from the

Commission’s copy contractor,

International Transcription Service,

Inc., (202) 857–3800, 1231 20th Street,

NW., Washington, DC 20036.

The Commission, at the request of

Iowa-Keokuk Radio (Russell Johnson,

sole proprietor) allots Channel 246A at

North English, Iowa, as the community’s

first local aural transmission service.

See 65 FR 69724 (November 20, 2000).

Channel 246A can be allotted at North

English in compliance with the

Commission’s minimum distance

separation requirements with a site

restriction of 7.7 kilometers (4.8 miles)

southwest in order to protect the signal

of Station WMT–FM, Cedar Rapids,

Iowa, on Channel 243C1. The

coordinates for Channel 246A at North

English are 41–27–15 North Latitude

and 92–07–21 West Longitude.

The Commission, at the request of H.

David Hedrick, allots Channel 240A at

Pendleton, South Carolina, as the

community’s first local aural

transmission service. See 65 FR 69724

(November 20, 2000). Channel 240A can

be allotted to Pendleton in compliance

with the Commission’s minimum

distance separation requirements at city

reference coordinates. The coordinates

for Channel 240A at Pendleton are 34–

38–49 North Latitude and 82–46–37

West Longitude.

The Commission, at the request of

Stargazer Broadcasting, Inc., allots

Channel 299A at Hamilton, Texas, as

the community’s second local aural

transmission service and first local FM

broadcast service. See 65 FR 69724

(November 20, 2000). Channel 299A can

be allotted at Hamilton in compliance

with the Commission’s minimum

distance separation requirements with a

site restriction of 11.4 kilometers (7.1

miles ) northwest, in order to protect the

signal of Station KAHK(FM),

Georgetown, Texas, on Channel 299C3.

The coordinates for Channel 299A at

Hamilton are 31–46–54 North Latitude

and 98–12–08 West Longitude.

The Commission, at the request of

MAREE Communications, allots

Channel 270C1 at Munday, Texas, as the

community’s first local aural

transmission service. See 65 FR 69724

(November 20, 2000). Channel 270C1

can be allotted at Munday in

compliance with the Commission’s

minimum distance separation

requirements with a site restriction of 25

kilometers (15.5 miles) northwest, in

order to protect the signals of Station

KWFR(FM), San Angel, Texas, on

Channel 270C1 and Station KZMP–FM,

Axle, Texas, on Channel 269C. The

coordinates for Channel 270C1 at

Munday are 33–37–48 North Latitude

and 99–46–57 West Longitude.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Iowa, is amended by

adding North English, Channel 246A.

3. Section 73.202(b), the Table of FM

Allotments under South Carolina, is

amended by adding Pendleton, Channel

240A.

4. Section 73.202(b), the Table of FM

Allotments under Texas, is amended by

adding Channel 299A at Hamilton and

Channel 270C1 at Munday.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 01–3959 Filed 2–15–01; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–272]

Radio Broadcasting Services; Various

Locations

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, on its own

motion, editorially amends the Table of

FM Allotments to specify the actual

classes of channels allotted to various