[Federal Register Volume 66, Number 33 (Friday, February 16, 2001)]
[Rules and Regulations]
[Pages 10601-10631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3710]


=======================================================================
-----------------------------------------------------------------------

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 non-geostationary satellite orbit 
(``NGSO'') fixed-satellite service (``FSS'') providers to operate in 
certain segments of the Ku-band, 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 mobile-satellite 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 
(<greek-th>) dBi in all directions, where theta (<greek-th>) 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

[[Page 10602]]

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 Ku-band 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 Sec. 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-to-mainbeam 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 Secs. 101.21(f) and 101.103 of 
the Commission's Rules. Generally, Sec. 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

[[Page 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 Sec. 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'')<INF>down</INF> limits and aggregate EPFD<INF>down</INF> 
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

[[Page 10604]]

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 EPFD<INF>down</INF> Limits

    19. Single-entry limits define the EPFD<INF>down</INF> 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'' EPFD<INF>down</INF> limits, as well as more stringent 
``validation'' EPFD<INF>down</INF> limits for specific size antennas 
located at high latitudes; (2) ``operational'' EPFD<INF>down</INF> 
limits, which protect against synchronization loss (``sync loss'') in 
GSO FSS earth stations between 3 and 18 meters in diameter; and (3) 
``additional operational'' EPFD<INF>down</INF> 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 single-entry EPFD<INF>down</INF> 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 Secs. 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 Sec. 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 EPFD<INF>down</INF>. 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 Sec. 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 Single-Entry 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 Single-Entry Validation 
EPFD<INF>down</INF> 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 EPFD<INF>down</INF> 
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 Sec. 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 
EPFD<INF>down</INF> as a function of percentage of time not to be 
exceeded; (2) comparison of output/results to ``validation'' 
EPFD<INF>down</INF> 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 
EPFD<INF>down</INF> 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 
EPFD<INF>down</INF> 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

[[Page 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 Sec. 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 EPFD<INF>down</INF> 
limits that we are adopting. NGSO FSS operations that exceed these 
limits will be in violation of Secs. 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 
EPFD<INF>down</INF> 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 Sec. 25.271(e) of the 
Commission's Rules.

Aggregate EPFD<INF>down</INF> 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 EPFD<INF>down</INF> 
limits in addition to the single-entry EPFD<INF>down</INF> limits. 
These limits are contained in Sec. 25.208(h). In fact, the single-entry 
EPFD<INF>down</INF> validation limits contained in Sec. 25.208(h) were 
derived from these aggregate validation EPFD<INF>down</INF> 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 
N<INF>effective</INF> was to be used to determine the final values of 
single-entry EPFD<INF>down</INF> 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 
EPFD<INF>down</INF> masks from aggregate EPFD<INF>down</INF> 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 
Sec. 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 EPFD<INF>down</INF> limits contained in Sec. 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 Sec. 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 EPFD<INF>down</INF> 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 
EPFD<INF>down</INF> 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

[[Page 10606]]

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 EPFD<INF>down</INF> 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 Sec. 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 
EPFD<INF>down</INF> 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 
Sec. 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.

[[Page 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 EPFD<INF>up</INF> 
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 EPFD<INF>up</INF> limits as adopted 
by WRC-2000, as new rule Sec. 25.146(h). The definition of 
EPFD<INF>up</INF> 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 
EPFD<INF>down</INF> 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 EPFD<INF>up</INF>. As noted by Boeing, the JTG 4-9-11 
reached a consensus agreement that the provisional EPFD<INF>up</INF> 
limit is appropriate, even in light of the change in definition. We 
also find that the EPFD<INF>up</INF> 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 
EPFD<INF>down</INF> limits described above in the section titled 
``Domestic Implementation of Single-Entry Validation 
EPFD<INF>down</INF> Limits'' are also appropriate for adoption for the 
EPFD<INF>up</INF> 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 one-way, 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 Sec. 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

[[Page 10608]]

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 EPFD<INF>up</INF> 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 Sec. 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 EPFD<INF>up</INF> 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 EPFD<INF>down</INF> 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 
EPFD<INF>down</INF> limits were developed to address both types of 
operations. We also conclude that since NGSO FSS gateway stations will 
be operating using the same EPFD<INF>down</INF> 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 co-primary 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 EPFD<INF>down</INF> 
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

[[Page 10609]]

systems and examples of advanced technology BSS links (e.g., 8PSK 
digital modulation and improved receiver temperature of 80 degrees 
Kelvin) to develop EPFD<INF>down</INF> limits for NGSO FSS. In 
addition, future BSS systems will be able to take into account the NGSO 
FSS interference environment.

Single-Entry EPFD<INF>down</INF> 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 EPFD<INF>down</INF> 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 Sec. 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 Single-Entry EPFD<INF>down</INF> 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 Single-Entry Validation and Latitude-
Dependent 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 
EPFD<INF>down</INF> limits when analyzed using the ITU-BR software. We 
believe that it is imperative that NGSO FSS compliance with the single 
entry validation EPFD<INF>down</INF> 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 
EPFD<INF>down</INF> 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 
Sec. 25.146(a)(1).

Domestic Implementation of EPFD<INF>down</INF> Operational Limits

    56. We will also require an NGSO FSS applicant to demonstrate prior 
to becoming operational that it meets the operational 
EPFD<INF>down</INF> 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 Sec. 25.146(b)(2).

Aggregate EPFD<INF>down</INF> 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 EPFD<INF>down</INF>limits 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 EPFD<INF>down</INF>limits, however, we 
will defer a decision on whether NGSO FSS applicants should demonstrate 
that that they can meet the aggregate EPFD<INF>down</INF>limits 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 EPFD<INF>down</INF>limits 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 co-primary 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

[[Page 10610]]

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 point-to-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 EPFD<INF>up</INF> limits contained in Sec. 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 
EPFD<INF>up</INF> 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 EPFD<INF>up</INF> and EPFD<INF>down</INF> 
limits we adopt today. Considering that the amount of arc avoidance 
needed to meet the EPFD<INF>up</INF> and EPFD<INF>down</INF> 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 <plus-minus> 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 
<plus-minus>3 deg. of the GSO orbit, thus alleviating SkyBridge's and 
Boeing's concerns. We will continue to require compliance with existing 
Part 25 rules

[[Page 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 EPFD<INF>up</INF> 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(<greek-th>) 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 FCC-regulated 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 Sec. 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/m<SUP>2</SUP>/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.

[[Page 10612]]

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.
---------------------------------------------------------------------------

    \1\ See 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).
    \2\ See Notice of Proposed Rule Making, ET Docket No. 98-206, 14 
FCC Rcd. 1131, 1194 (1998).
    \3\ See 5 U.S.C. 604.
---------------------------------------------------------------------------

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-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.'' \7\
---------------------------------------------------------------------------

    \4\ Id. Section 601(6).
    \5\ See 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).
    \6\ See Small Business Act, 15 U.S.C. 632 (1996).
    \7\ See 5 U.S.C. 601(4).
---------------------------------------------------------------------------

    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

[[Page 10613]]

companies, rarely qualify under this definition as a small entity.
---------------------------------------------------------------------------

    \8\ See 13 CFR 121.201, Standard Industrial Classification (SIC) 
Code 4899.
    \9\ U.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).
---------------------------------------------------------------------------

    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:

[[Page 10614]]

Sec. 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 Sec.  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:


Sec. 2.106  Table of Frequency Allocations.

BILLING CODE 6712-01-P

[[Page 10615]]

[GRAPHIC] [TIFF OMITTED] TR16FE01.028


[[Page 10616]]


[GRAPHIC] [TIFF OMITTED] TR16FE01.029


[[Page 10617]]


[GRAPHIC] [TIFF OMITTED] TR16FE01.030

BILLING CODE 6712-01-C

[[Page 10618]]

* * * * *

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 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 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 non-geostationary-satellite systems 
in the fixed-satellite service. Non-geostationary-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 non-geostationary-
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. Non-
geostationary-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-to-space), 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-
geostationary-satellite 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 non-geostationary-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. Non-geostationary-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 non-geostationary-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. Non-geostationary-
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 fixed-satellite 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 
fixed-satellite 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 
fixed-satellite 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

[[Page 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 
geostationary-satellite orbit shall not exceed 59 dBW. Receiving space 
stations in the fixed-satellite 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 
fixed-satellite 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 
fixed-satellite 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 fixed-satellite service in the 
geostationary-satellite 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:


Sec. 25.146  Licensing and operating authorization provisions for the 
non-geostationary 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 flux-density (EPFD) limits 
as specified in Sec. 25.208 (g), (k), and (l) for EPFD<INF>down</INF>, 
and EPFD<INF>up</INF>. 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 non-compliance 
technical demonstration. The technical showing consists of the 
following:
    (1) Single-entry validation equivalent power flux-density, in the 
space-to-Earth direction, (EPFD<INF>down</INF>) 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

[[Page 10620]]

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 
EPFD<INF>down</INF> 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-to-space direction, EPFD<INF>up</INF> 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 
EPFD<INF>up</INF> 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 EPFD<INF>up</INF> for every 
longitudinal location on the geostationary satellite orbit at every 
two-degree spacing that is visible to the U.S. for domestic service and 
every three-degree 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 
EPFD<INF>down</INF> limits and the operational EPFD<INF>down</INF> 
limits as specified in Sec. 25.208 (i), (j) and notes 2 and 3 to the 
table in paragraph (l). If the technical demonstration exceeds the 
additional operational EPFD<INF>down</INF> limits or the operational 
EPFD<INF>down</INF> 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 
EPFD<INF>down</INF>) 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 
Sec. 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 EPFD<INF>down</INF> 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 EPFD<INF>down</INF> 
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 flux-density, space-to-Earth 
direction, (operational EPFD<INF>down</INF>) 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 
EPFD<INF>down</INF> 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,

[[Page 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 EPFD<INF>down</INF> 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 EPFD<INF>down</INF> levels into the 3 m 
and 10 m GSO FSS receiving earth station antennas, the operational 
EPFD<INF>down</INF> levels into the 3 m, 4.5 m, 6.2 m and 10 m GSO FSS 
receiving earth station antennas and the operational 
EPFD<INF>down</INF> 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 Sec. 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 
EPFD<INF>down</INF> 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/(m<SUP>2</SUP>/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/(m<SUP>2</SUP>/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:


Sec. 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/m<SUP>2</SUP>) in the reference bandwidth, is 
calculated using the following formula:
[GRAPHIC] [TIFF OMITTED] TR16FE01.031


Where:

N<INF>a</INF> 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;
P<INF>i</INF> 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;
2<INF>i</INF> 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;
G<INF>t</INF>(2<INF>i</INF>) 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;
d<INF>i</INF> is the distance in meters between the transmit station 
considered in the non-geostationary satellite orbit system and the GSO 
receive station;
N<INF>i</INF> 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;
G<INF>r</INF>(N<INF>i</INF>) is the receive antenna gain (as a ratio) 
of the GSO receive station in the direction of the ith transmit station 
considered in the non-geostationary satellite orbit system;
G<INF>r,<INF>max </INF></INF>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 non-geostationary satellite orbit fixed-satellite 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.

[[Page 10622]]

    (4) May include multiple antennas, each required to meet the 
antenna performance standard in Sec. 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:


Sec. 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
------------------------------------------------------------------------
\1\ This 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.
\3\ Fixed-satellite transponders may be used additionally for
  transmissions in the broadcasting-satellite service.
\4\ This 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.
\6\ The band 18.58-18.8 GHz is shared co-equally with existing
  terrestrial radiocommunication systems until June 8, 2010.
\7\ The band 18.8-19.3 GHz is shared co-equally with terrestrial
  radiocommunication services, until June 8, 2010. After this date, the
  sub-band 19.26-19.3 GHz is shared co-equally with existing terrestrial
  radiocommunication systems.
\8\ The 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.
\9\ The 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.
\10\ This band is shared co-equally with the Federal Government fixed-
  satellite service.
\11\ The band 18.6-18.8 GHz is shared co-equally 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:


Sec. 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 
Sec. 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 deg. 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 
Sec. 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 
Sec. 25.251 for satellite longitude range specified in paragraph 
(c)(2)(v) of this section, taking into account the provisions of 
Sec. 25.251 for earth stations operating with non-geostationary 
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 Sec. 25.251 for all applicable percentages of time, 
and
    (xii) A plot of great circle coordination distance contour(s) and

[[Page 10623]]

rain scatter coordination distance contour(s) as determined by 
Sec. 25.251.
    (3) The coordination procedures specified in Sec. 101.103 of this 
chapter and Sec. 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 Sec. 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 Sec. 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:


Sec. 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 clear-sky 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:


Sec. 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 flux-
density 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/m\2\) in any 4 kHz band for angles of arrival between 
0 and 5 degrees above the horizontal plane; -150 + (<greek-d>-5)/2 
dB(W/m\2\) in any 4 kHz band for angles of arrival (<greek-d>) (in 
degrees) between 5 and 25 degrees above the horizontal plane; and -140 
dB(W/m\2\) in any 4 kHz band for angles of arrival between 25 and 90 
degrees above the horizontal plane; or
    (2) -126 dB(W/m\2\) in any 1 MHz band for angles of arrival between 
0 and 5 degrees above the horizontal plane; -126 + (<greek-d>-5)/2 
dB(W/m\2\) in any 1 MHz band for angles of arrival (<greek-d>) (in 
degrees) between 5 and 25 degrees above the horizontal plane; and -116 
dB(W/m\2\) 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 
single-entry equivalent power-flux density in the space-to-Earth 
direction (EPFD<INF>down</INF>), at any point on the Earth's surface, 
produced by emissions from all co-frequency space stations of a single 
non-geostationary-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 EPFD<INF>down</INF> Limits for Protection of 0.6, 1.2, 3 and 10 Meter GSO FSS Earth Station
                                                  Antennas <SUP>1</SUP> <SUP>2</SUP>
----------------------------------------------------------------------------------------------------------------
                                                         Percentage of
                                         Single-entry     time during      Reference        Reference antenna
Frequency band (GHz) for International  EPFD<INF>down</INF> dB(W/  which EPFD<INF>down</INF>     bandwidth     diameter and reference
              Allocations                    m\2\)       level may not       (kHz)        radiation pattern \3\
                                                          be exceeded
----------------------------------------------------------------------------------------------------------------
10.7-11.7 in all Regions; 11.7-12.2 in          -175.4               0                  60 cm, Recommendation
 Region 2; 12.2-12.5 in Region 3; and             -174              90              40   ITU-R S.1428.
 12.5-12.75 in Regions 1 and 3.                 -170.8              99
                                                -165.3           99.73
                                                -160.4          99.991
                                                  -160          99.997
                                                  -160             100
----------------------------------------------------------------------------------------------------------------

[[Page 10624]]

 
10.7-11.7 in all Regions; 11.7-12.2 in          -181.9               0                  1.2 m, Recommendation
 Region 2; 12.2-12.5 in Region 3; and           -178.4            99.5              40   ITU-R S.1428.
 12.5-12.75 in Regions 1 and 3.                 -173.4           99.74
                                                  -173          99.857
                                                  -164          99.954
                                                -161.6          99.984
                                                -161.4          99.991
                                                -160.8          99.997
                                                -160.5          99.997
                                                  -160         99.9993
                                                  -160             100
----------------------------------------------------------------------------------------------------------------
10.7-11.7 in all Regions; 11.7-12.2 in         -190.45               0                  3 m, Recommendation ITU-
 Region 2; 12.2-12.5 in Region 3; and          -189.45              90              40   R S.1428.
 12.5-12.75 in Regions 1 and 3.                -187.45            99.5
                                                -182.4            99.7
                                                  -182          99.855
                                                  -168          99.971
                                                  -164          99.988
                                                  -162          99.995
                                                  -160          99.999
                                                  -160             100
----------------------------------------------------------------------------------------------------------------
10.7-11.7 in all Regions; 11.7-12.2 in         -195.45               0                  10 m, Recommendation ITU-
 Region 2; 12.2-12.5 in Region 3; and          -195.45              99              40   R S.1428.
 12.5-12.75 in Regions 1 and 3.                   -190           99.65
                                                  -190           99.71
                                                -172.5           99.99
                                                  -160          99.998
                                                  -160             100
----------------------------------------------------------------------------------------------------------------
\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.
\2\ For 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.
\3\ The 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 EPFD<INF>down</INF> Limits Radiated By Non-GSO FSS Systems
                          At Certain Latitudes
------------------------------------------------------------------------
 100% of the time EPFD<INF>down</INF> dB(W/(m<SUP>2</SUP>/40     Latitude (North or South in
                 kHz))                               degrees)
------------------------------------------------------------------------
-160...................................  0  | Latitude | > 57.5.
-160 + 3.4 (57.5 - | Latitude | )/4....  57.5  | Latitude | > 63.75
-165.3.................................  63.75 <ls-thn-eq> | 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 
(EPFD<INF>down</INF>), at any point on the Earth's surface, produced by 
emissions from all co-frequency space stations of all non-
geostationary-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:

[[Page 10625]]



Table 1H.--Aggregate EPFD<INF>down</INF> Limits for Protection of 0.6, 1.2, 3 and 10 Meter GSO FSS Earth Station Antennas <SUP>1</SUP>
----------------------------------------------------------------------------------------------------------------
                                                         Percentage of
                                           Aggregate      time during      Reference        Reference antenna
Frequency band (GHz) for International  EPFD<INF>down</INF> dB(W/  which EPFD<INF>down</INF>     bandwidth     diameter and reference
              Allocations                    m\2\)        may not be         (kHz)        radiation pattern \2\
                                                           exceeded
----------------------------------------------------------------------------------------------------------------
10.7-11.7 in all Regions; 11.7-12.2 in            -170               0                  60 cm, Recommendation
 Region 2; 12.2-12.5 in Region 3; and           -168.6              90              40   ITU-R S.1428.
 12.5-12.75 in Regions 1 and 3.                 -165.3              99
                                                -160.4           99.97
                                                  -160           99.99
                                                  -160             100
----------------------------------------------------------------------------------------------------------------
10.7-11.7 in all Regions; 11.7-12.2 in          -176.5               0                  1.2 m, Recommendation
 Region 2; 12.2-12.5 in Region 3; and             -173            99.5              40   ITU-R S.1428.
 12.5-12.75 in Regions 1 and 3.                   -164           99.84
                                                -161.6          99.945
                                                -164.4           99.97
                                                -160.8           99.99
                                                -160.5           99.99
                                                  -160         99.9975
                                                  -160             100
----------------------------------------------------------------------------------------------------------------
10.7-11.7 in all Regions; 11.7-12.2 in            -185               0                  3 m, Recommendation ITU-
 Region 2; 12.2-12.5 in Region 3; and             -184              90              40   R S.1428.
 12.5-12.75 in Regions 1 and 3.                   -182            99.5
                                                  -168            99.9
                                                  -164           99.96
                                                  -162          99.982
                                                  -160          99.997
                                                  -160             100
----------------------------------------------------------------------------------------------------------------
10.7-11.7 in all Regions; 11.7-12.2 in            -190               0                  10 m, Recommendation ITU-
 Region 2; 12.2-12.5 in Region 3; and             -190              99              40   R S.1428.
 12.5-12.75 in Regions 1 and 3.                   -166           99.99
                                                  -160          99.998
                                                  -160             100
----------------------------------------------------------------------------------------------------------------
\1\ In addition to the limits shown in Table 1H, the aggregate EPFD<INF>down</INF> limits shown in Table 2H shall apply to
  all antenna sizes greater than 60 cm in the frequency bands listed in Table 1H.
\2\ The 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 EPFD<INF>down</INF> Limits Radiated By Non-GSO FSS Systems
                          At Certain Latitudes
------------------------------------------------------------------------
 100% of the time EPFD<INF>down</INF> dB(W/(m<SUP>2</SUP>/40     Latitude (North or South in
                 kHz))                               degrees)
------------------------------------------------------------------------
-160...................................  0  | Latitude | > 57.5
-160 + 3.4 (57.5 - | Latitude |)/4.....  57.5  | Latitude | > 63.75
-165.3.................................  63.75 <ls-thn-eq> | 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 EPFD<INF>down</INF>) at any 
point on the Earth's surface, produced by actual operational emissions 
from all co-frequency space stations of a non-geostationary-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 EPFD<INF>down</INF> Radiated by Non-GSO FSS Systems Into 3 m and 10 m GSO FSS Earth
                                                Station Antennas
----------------------------------------------------------------------------------------------------------------
                                                      Percentage of time during
            EPFD<INF>down</INF> dB(W/(m<SUP>2</SUP>/40 kHz))                which EPFD<INF>down</INF> may not be      Receive GSO earth station
                                                               exceeded                 antenna diameter (m)
----------------------------------------------------------------------------------------------------------------
-182..............................................                          99.9
-179..............................................                         99.94
-176..............................................                         99.97
-171..............................................                         99.98

[[Page 10626]]

 
-168..............................................                        99.984                              3
-165..............................................                        99.993
-163..............................................                        99.999
-161.25...........................................                      99.99975
 
r-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 EPFD<INF>down</INF>) at any point on the 
Earth's surface, produced by actual operational emissions from the in-
line co-frequency space station of a non-geostationary-satellite 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 EPFD<INF>down</INF> Radiated by Non-GSO FSS Systems in Certain Frequency Bands\1\
----------------------------------------------------------------------------------------------------------------
                                                          Percentage
                                                           of time                 Receive GSO
                                                            during     Reference      earth          Orbital
  Frequency band (GHz) for International      EPFD<INF>down</INF>      which      bandwidth     station     inclination of
                allocations                  dB(W/m\2\)    EPFD<INF>down</INF>      (kHz)       antenna      GSO satelite
                                                          may not be                 diameter       (degrees)
                                                           exceeded                  \2\ (m)
----------------------------------------------------------------------------------------------------------------
Prior to 31 December 2005: 10.7-11.7 in            -163                                      3
 all Regions; 11.7-12.2 in Regions 2; 12.2-        -166          100           40            6    <ls-thn-eq>2.5
 12.5 in Region 3; and 12.5;-12.75 in            -167.5                                      9
 Regions 1 and 3..........................       -169.5                            <gr-thn-eq>
                                                                                            18
Prior to 31 December 2005: 10.7-11.7 in            -160                                      3
 all Regions; 11.7-12.2 in Region 2; 12.2-         -163          100           40            6  >2.5 and <ls-thn-
 12.5 in Region 3; and 12.5-12.75 in             -164.5                                      9            eq>4.5
 Regions 1 and 3..........................       -166.5                            <gr-thn-eq>
                                                                                            18
----------------------------------------------------------------------------------------------------------------
From 31 December 2005: 10.7-11.7 in all         -161.25                                      3
 Regions; 11.7-12.2 in Region 2; 12.2-12.5         -164          100           40            6    <ls-thn-eq>2.5
 in Region 3; and 12.5-12.75 in Regions 1        -165.5                                      9
 and 3....................................       -167.5                            <gr-thn-eq>
                                                                                            18
----------------------------------------------------------------------------------------------------------------
From 31 December 2005: 10.7-11.7 in all         -158.25                                      3
 Regions; 11.7-12.2 in Region 2; 12.2-12.5         -161          100           40            6  >2.5 and <ls-thn-
 in Region 3; and 12.5-12.75 in Regions 1        -162.5                                      9            eq>4.5
 and 3....................................       -164.5                            <gr-thn-eq>
                                                                                            18
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
\1\ The operational limits on the EPFD<INF>down</INF> radiated by non-GSO FSS systems shall be the values given in Table 2G
  or this table, whichever are the more stringent.
\2\ For antenna diameters between the values given in this table, the limits are given by linear interpolation
  using a linear scale for EPFD<INF>down</INF> in decibels and a logarithmic scale for antenna diameter in meters.


    Note to paragraph (j): These limits relate to the operational 
equivalent power flux-density which would be obtained under free-
space propagation conditions, for all conditions, for all methods of 
modulation

[[Page 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, (EPFD<INF>up</INF>) produced at any point on the 
geostationary satellite orbit (GSO) by the emissions from all co-
frequency earth stations in a non-geostationary satellite orbit fixed-
satellite 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 EPFD<INF>up</INF> Radiated by NGSO FSS Systems in Certain Frequency Bands
----------------------------------------------------------------------------------------------------------------
                                                      Percentage
                                                       of time
                                                        during     Reference
Frequency band (GHz) for International  EPFD<INF>up</INF> dB(W/    which      bandwidth    Reference antenna beamwidth and
              Allocations                  m\2\)      EPFD<INF>up</INF> may     (kHz)      reference radiation pattern \1\
                                                        not be
                                                       exceeded
----------------------------------------------------------------------------------------------------------------
12.5-12.75; 12.75-13.25; 13.75-14.5...         -160          100           40  4 deg.
                                                                               ITU-R S.672-4,
                                                                               Ls=-20
----------------------------------------------------------------------------------------------------------------
\1\ For the case of L<INF>s</INF> = -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 L<INF>s</INF>, 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 co-frequency space stations of a single non-
geostationary-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 <SUP>1</SUP> <SUP>2</SUP> <SUP>3</SUP>
----------------------------------------------------------------------------------------------------------------
                                                         Percentage of
                                                          time during      Reference        Reference antenna
Frequency band (GHz) for international  EPDF <INF>down</INF> dB(W/ which EPFD<INF>down</INF>     bandwidth     diameter and reference
              allocations                    m\2\)       level may not       (kHz)        radiation pattern \4\
                                                          be exceeded
----------------------------------------------------------------------------------------------------------------
11.7-12.5 in Region 1; 1.7-12.2 and           -165.841               0              40  30 cm
 12.5-12.75 in Region 3; 12.2-12.7 in         -165.541              25                  Recommendation ITU-R
 Region 2.                                    -164.041              96                  BO.1443 Annex 1
                                                -158.6          98.857
                                                -158.6          99.429
                                               -158.33          99.429
                                               -158.33          99.429
                                                                   100
11.7-12.5 in Region 1; 1.7-12.2 and           -175.441               0              40  45 cm
 12.5-12.75 in Region 3; 12.2-12.7 in         -172.441              66                  Recommendation ITU-R
 Region 2.                                    -169.441           97.75                  BO.1443 Annex 1
                                                  -164          99.357
                                               -160.75          99.809
                                                  -160          99.986
                                                  -160             100
----------------------------------------------------------------------------------------------------------------
11.7-12.5 in Region 1; 1.7-12.2 and           -176.441               0              40  60 cm
 12.5-12.75 in Region 3; 12.2-12.7 in         -173.191            97.8                  Recommendation ITU-R
 Region 2.                                     -167.75          99.371                  BO. 1443 Annex 1
                                                  -162          99.886
                                                  -161          99.943
                                                -160.2          99.971
                                                  -160          99.997
                                                  -160             100
----------------------------------------------------------------------------------------------------------------

[[Page 10628]]

 
11.7-12.5 in Region 1; 1.7-12.2 and            -178.94               0              40  90 cm
 12.5-12.75 in Region 3; 12.2-12.7 in          -178.44              33                  Recommendation ITU-R
 Region 2.                                     -176.44              98                  BO.1443 Annex 1
                                                  -171          99.429
                                                -165.5          99.714
                                                  -163          99.857
                                                  -161          99.943
                                                  -160          99.991
                                                  -160             100
----------------------------------------------------------------------------------------------------------------
11.7-12.5 in Region 1; 1.7-12.2 and            -182.44               0              40  120 cm
 12.5-12.75 in Region 3; 12.2-12.7 in          -180.69              90                  Recommendation ITU-R
 Region 2.                                     -179.19            98.9                  BO.1443 Annex 1
                                               -178.44            98.9
                                               -174.94            99.5
                                               -173.75           99.68
                                                  -173           99.68
                                                -169.5           99.85
                                                -167.8          99.915
                                                  -164           99.94
                                                -161.9           99.97
                                                  -161           99.99
                                                -160.4          99.998
                                                  -160             100
----------------------------------------------------------------------------------------------------------------
11.7-12.5 in Region 1; 1.7-12.2 and           -184.941               0              40  180 cm \3\
 12.5-12.75 in Region 3; 12.2-12.7 in         -184.101              33                  Recommendation ITU-R
 Region 2.                                    -181.691            98.5                  BO.1443 Annex 1
                                               -176.25          99.571
                                               -163.25          99.946
                                                -161.5          99.974
                                               -160.35          99.993
                                                  -160          99.999
                                                  -160             100
----------------------------------------------------------------------------------------------------------------
11.7-12.5 in Region 1; 1.7-12.2 and           -187.441               0              40  240 cm \2\
 12.5-12.75 in Region 3; 12.2-12.7 in         -186.341              33                  Recommendation ITU-R
 Region 2.                                    -183.441           99.25                  BO.1443 Annex 1
                                                  -178          99.786
                                                -161.4          99.957
                                                -161.9          99.983
                                                -160.5          99.994
                                                  -160          99.999
                                                  -160             100
----------------------------------------------------------------------------------------------------------------
11.7-12.5 in Region 1; 1.7-12.2 and           -191.941               0              40  300 cm
 12.5-12.75 in Region 3; 12.2-12.7 in         -189.441              33                  Recommendation ITU-R
 Region 2.                                    -185.941            99.5                  BO.1443 Annex 1
                                                -180.5          99.857
                                                  -173          99.914
                                                  -167          99.951
                                                  -162          99.983
                                                  -160          99.991
                                                  -160             100
----------------------------------------------------------------------------------------------------------------
\1\ For 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.
\2\ For 240 cm GSO BSS earth station antennas located in Alaska, communicating with GSO BSS satellites at the 91
  deg. W.L., 101 deg. W.L., 110 deg. W.L., 119 deg. W.L. and 148 deg. W.L. nominal orbital locations with
  elevation angles greater than 5 deg., -167 dB(W/(m<SUP>2</SUP>/40 kHz)) single-entry 100% of the time operational
  EPFD<INF>down</INF> limit also applies to receive antennas.
\3\ For 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 deg. W.L., 119 deg. W.L. and 148 deg. W.L. nominal orbital
  positions, -162.5 dB(W/(m<SUP>2</SUP>/40 kHz)) single-entry 100% of the time operational EPFD<INF>down</INF> 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.


[[Page 10629]]


 Table 2L.--Single-Entry EPFD<INF>down</INF> Limits Radiated By Non-GSO FSS Systems
                          At Certain Latitudes
------------------------------------------------------------------------
 100% of the time EPFD<INF>down</INF> dB(W/(m<SUP>2</SUP>/40     Latitude (North or South in
                 kHz))                               degrees)
------------------------------------------------------------------------
-160.0.................................  0 <ls-thn-eq> | Latitude | >
                                          57.5
-160.0 + 3.4 (57.5 - | Latitude |)/4...  57.5 <ls-thn-eq> | Latitude | >
                                          63.75
-165.3.................................  63.75 <ls-thn-eq> | 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, (EPFD<INF>down</INF>) at any point on the Earth's surface, 
produced by emissions from all co-frequency space stations of all non-
geostationary-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 EPFD<INF>down</INF> Limits for Protection of 30, 45, 60, 90, 120, 180, 240 and 300 cm GSO BSS Earth
                                            Station Antennas <SUP>1,</SUP> <SUP>2,</SUP> <SUP>3</SUP>
----------------------------------------------------------------------------------------------------------------
                                              Percentage
                                               of time
                                                during
   Frequency band (GHz) for     EPFD<INF>down</INF> dB     which      Reference   Reference antenna diameter, and reference
   international allocations      (W/m\2\)     EPFD<INF>down</INF>    bandwidth             radiation pattern \4\
                                              level may      (kHz)
                                                not be
                                               exceeded
----------------------------------------------------------------------------------------------------------------
11.7-12.5 in Region 1; 11.7-         -160.4            0               30 cm
 12.2 and 12.5-12.75 in Region       -160.1           25           40  Recommendation ITU-R
 3; 12.2-12.7 in Region 2.           -158.6           96               BO.1443
                                     -158.6           98               Annex 1.
                                    -158.33           98
                                    -158.33          100
----------------------------------------------------------------------------------------------------------------
11.7-12.5 in Region 1; 11.7-           -170            0               45 cm
 12.2 and 12.5-12.75 in Region         -167           66           40  Recommendation ITU-R
 3; 12.2-12.7 in Region 2.             -164        97.75               BO.1443
                                    -160.75        99.33               Annex 1.
                                       -160        99.95
                                       -160          100
----------------------------------------------------------------------------------------------------------------
11.7-12.5 in Region 1; 11.7-           -171            0               60 cm
 12.2 and 12.5-12.75 in Region      -168.75           90           40  Recommendation ITU-R
 3; 12.2-12.7 in Region 2.          -167.75         97.8               BO.1443
                                       -162         99.6               Annex 1.
                                       -161         99.8
                                     -160.2         99.9
                                       -160        99.99
                                       -160          100
----------------------------------------------------------------------------------------------------------------
11.7-12.5 in Region 1; 11.7-        -173.75            0               90 cm
 12.2 and 12.5-12.75 in Region         -173           33           40  Recommendation ITU-R
 3; 12.2-12.7 in Region 2.             -171           98               BO.1443
                                     -165.5         99.1               Annex 1.
                                       -163         99.5
                                       -161         99.8
                                       -160        99.97
                                       -160          100
----------------------------------------------------------------------------------------------------------------
11.7-12.5 in Region 1; 11.7-           -177            0               120 cm
 12.2 and 12.5-12.75 in Region      -175.25           90           40  Recommendation ITU-R
 3; 12.2-12.7 in Region 2.          -173.75         98.9               BO.1443
                                       -173         98.9               Annex 1.
                                     -169.5         99.5
                                     -167.8         99.7
                                       -164        99.82
                                     -161.9         99.9
                                       -161       99.965
                                     -160.4       99.993
                                       -160          100
----------------------------------------------------------------------------------------------------------------

[[Page 10630]]

 
11.7-12.5 in Region 1; 11.7-         -179.5            0               180 cm
 12.2 and 12.5-12.75 in Region      -178.66           33           40  Recommendation ITU-R
 3; 12.2-12.7 in Region 2.          -176.25         98.5               BO.1443
                                    -163.25        99.81               Annex 1.
                                     -161.5        99.91
                                    -160.35       99.975
                                       -160       99.995
                                       -160          100
----------------------------------------------------------------------------------------------------------------
11.7-12.5 in Region 1; 11.7-           -182            0               240 cm
 12.2 and 12.5-12.75 in Region       -180.9           33           40  Recommendation ITU-R
 3; 12.2-12.7 in Region 2.             -178        99.25               BO.1443
                                     -164.4        99.85               Annex 1.
                                     -161.9        99.94
                                     -160.5        99.98
                                       -160       99.995
                                       -160          100
----------------------------------------------------------------------------------------------------------------
11.7-12.5 in Region 1; 11.7-         -186.5            0               300 cm
 12.2 and 12.5-12.75 in Region         -184           33           40  Recommendation ITU-R
 3; 12.2-12.7 in Region 2.           -180.5         99.5               BO.1443
                                       -173         99.7               Annex 1.
                                       -167        99.83
                                       -162        99.94
                                       -160        99.97
                                       -160          100
----------------------------------------------------------------------------------------------------------------
\1\ For 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.
\2\ For 240 cm GSO BSS earth station antennas located in Alaska, communicating with GSO BSS satellites at the 91
  deg. W.L., 101 deg. W.L., 110 deg. W.L., 119 deg. W.L. and 148 deg. W.L. nominal orbital locations with
  elevation angles greater than 5 deg., -167 dB(W/(m\2\/40 kHz)) aggregate 100% of the time operational EPFD<INF>down</INF>
  limit also applies to receive antennas.
\3\ For 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 deg. W.L., 119 deg. W.L. and 148 deg. W.L. nominal orbital
  positions, -162.5 dB(W/(m\2\/40 kHz)) aggregate 100% of the time operational EPFD<INF>down</INF> 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 EPFD<INF>down</INF> Limits Radiated by Non-GSO FSS Systems At
                            Certain Latitudes
------------------------------------------------------------------------
 00% of the time EPFD<INF>down</INF> dB(W/(m\2\/40    Latitude (North or South in
                 kHz))                               degrees)
------------------------------------------------------------------------
160.0..................................  0 <ls-thn-eq> | Latitude | >
                                          57.5.
160.0 + 3.4 (57.5 - | Latitude | )/4...  57.5 <ls-thn-eq> | Latitude | >
                                          63.75.
165.3..................................  63.75 <ls-thn-eq> | 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:


Sec. 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 - 25log<INF>10</INF> (<greek-th>) dBi - 10 dBi
1<SUP>B</SUP> <ls-thn-eq> <greek-th> <ls-thn-eq> 36<SUP>B</SUP>
36<SUP>B</SUP> <ls-thn-eq> <greek-th> <ls-thn-eq> 180<SUP>B</SUP>

Where: <greek-th> 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:


Sec. 25.212  Narrowband transmissions in the 12/14 GHz GSO Fixed-
Satellite Service.

* * * * *

    14. Section 25.251 is revised to read as follows:

[[Page 10631]]

Sec. 25.251  Special requirements for coordination.

    (a) The administrative aspects of the coordination process are set 
forth in Sec. 101.103 of this chapter in the case of coordination of 
terrestrial stations with earth stations, and in Sec. 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:


Sec. 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