Earth Stations Aboard Aircraft Communicating With Fixed-Satellite Service Geostationary-Orbit Space Stations
Federal Register, Volume 78 Issue 46 (Friday, March 8, 2013)
Federal Register Volume 78, Number 46 (Friday, March 8, 2013)
Rules and Regulations
Pages 14920-14932
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2013-04428
Page 14920
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 25
IB Docket No. 12-376; FCC 12-161
Earth Stations Aboard Aircraft Communicating With Fixed-Satellite Service Geostationary-Orbit Space Stations
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this Report and Order, the Federal Communications Commission (Commission) provides for the efficient licensing of two-way in-flight broadband services, including Internet access, to passengers and flight crews aboard commercial airliners and private aircraft. Specifically, the Report and Order establishes technical and licensing rules for Earth Stations Aboard Aircraft (ESAA), i.e., earth stations on aircraft communicating with Fixed-Satellite Service (FSS) geostationary-orbit (GSO) space stations operating in the 10.95-11.2 GHz, 11.45-11.7 GHz, 11.7-12.2 GHz (space-to-Earth or downlink) and 14.0-14.5 GHz (Earth-to-space or uplink) frequency bands.
DATES: Effective April 8, 2013, except for Sec. Sec. 25.132(b)(3), and 25.227(b), (c), and (d), which contain new information collection requirements that require approval by the Office of Management and Budget (OMB) under the PRA. The Federal Communications Commission will publish a document in the Federal Register announcing such approval and the relevant effective date.
FOR FURTHER INFORMATION CONTACT: Andrea Kelly, Satellite Division, International Bureau, (202) 418-0719, or Howard Griboff, Policy Division, International Bureau, (202) 418-1460.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report and Order, adopted on December 20, 2012, and released on December 28, 2012 (FCC 12-161). The full text of this document is available for inspection and copying during normal business hours in the Commission Reference Center, 445 12th Street SW., Washington, DC 20554. The document is also available for download over the Internet at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-161A1.doc. The complete text may also be purchased from the Commission's copy contractor, Best Copy and Printing, in person at 445 12th Street SW., Room CY-B402, Washington, DC 20554, via telephone at (202) 488-5300, via facsimile at (202) 488-5563, or via email at Commission@bcpiweb.com.
Summary of the Report and Order
On January 18, 2005, the Commission adopted the Notice of Proposed Rulemaking in IB Docket No. 05-20 (Order) (70 FR 20508-01), recognizing the emergence of the new market for geostationary-orbit (GSO) Fixed-
Satellite Service (FSS) operations by proposing more flexible use of the 11.7-12.2 GHz and 14.0-14.5 GHz bands while protecting existing terrestrial and satellite services from harmful interference. The Order proposed to allocate the 11.7-12.2 GHz (space-to-Earth) frequency band on a primary basis for transmissions to earth stations onboard airborne aircraft from GSO FSS space stations, and the 14.0-14.5 GHz (Earth-to-
space) frequency band on a secondary basis for transmissions to GSO FSS space stations from earth stations onboard airborne aircraft. The Order also proposed technical and licensing rules for these systems. In this Report and Order, the Commission allocates ESAA on a primary basis in the 11.7-12.2 GHz (space-to-Earth) band, allocating ESAA on an unprotected basis in the 10.95-11.2 GHz and 11.45-11.7 GHz (space-to-
Earth) bands, and allocating ESAA on a secondary basis in the 14.0-14.5 GHz band (Earth-to-space). In addition, this Report and Order requires ESAA licensees to coordinate their operations with stations in the Space Research Service and the Radioastronomy Service to prevent interference and adopts technical rules for the operation of ESAA systems to ensure that ESAA systems do not interfere with other FSS users or terrestrial Fixed Service (FS) users. Further, this Report and Order adopts licensing requirements and operational requirements for ESAA for both U.S.-registered aircraft and for non-U.S.-registered aircraft operating in U.S. airspace and requires all ESAA licensees to operate consistently with the Communications Assistance to Law Enforcement Act (CALEA). At this time, the Report and Order declines to extend certain requirements concerning 1.5/1.6 GHz safety services to other frequency bands, including those used by ESAA.
Final Regulatory Flexibility Analysis
The Regulatory Flexibility Act of 1980, as amended (RFA), requires that a regulatory flexibility analysis be prepared for notice-and-
comment rule making proceedings, unless the agency certifies that ``the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.'' The RFA directs agencies to provide a description of and, where feasible, an estimate of the number of small entities that may be affected by the rules adopted herein. The RFA generally defines the term ``small entity'' as having the same meaning as the terms ``small business,'' ``small organization,'' and ``small governmental jurisdiction.'' In addition, the term ``small business'' has the same meaning as the term ``small business concern'' under the Small Business Act. A small business concern is one that: (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). In light of the rules adopted in this Report and Order, we find that the category of Satellite Telecommunications licensees is affected by the new rules. Two economic census categories address the satellite industry. The first category has a small business size standard of $15 million or less in average annual receipts, under SBA rules. The second has a size standard of $25 million or less in annual receipts. The category of Satellite Telecommunications ``comprises establishments primarily engaged in providing telecommunications services to other establishments in the telecommunications and broadcasting industries by forwarding and receiving communications signals via a system of satellites or reselling satellite telecommunications.'' Census Bureau data for 2007 show that 512 Satellite Telecommunications firms that operated for that entire year. Of this total, 464 firms had annual receipts of under $10 million, and 18 firms had receipts of $10 million to $24,999,999. Consequently, the Commission estimates that the majority of Satellite Telecommunications firms are small entities that might be affected by our action. The second category, i.e., ``All Other Telecommunications'' comprises ``establishments primarily engaged in providing specialized telecommunications services, such as satellite tracking, communications telemetry, and radar station operation. This industry also includes establishments primarily engaged in providing satellite terminal stations and associated facilities connected with one or more terrestrial systems and capable of transmitting telecommunications to, and receiving telecommunications from, satellite systems. For this category, Census Bureau data for 2007 show that there were a total of 2,383 firms that operated for the entire year. Of this total, 2,347 firms had annual receipts of under $25 million and 12 firms had
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annual receipts of $25 million to $49,999,999. Consequently, the Commission estimates that the majority of All Other Telecommunications firms are small entities that might be affected by our action. Commission records reveal that there are approximately 20 space station licensees and operators in the 10.95-11.2 GHz, 11.45-11.7 GHz, 11.7-
12.2 GHz and 14.0-14.5 GHz frequency bands. The Commission does not request or collect annual revenue information concerning such licensees and operators, and thus is unable to estimate the number of geostationary space station licensees and operators that would constitute a small business under the SBA definition cited above, or apply any rules providing special consideration for geostationary space station licensees and operators that are small businesses. Currently there are approximately 2,879 operational Fixed-Satellite Service transmit/receive earth stations authorized for use in the band. The Commission does not request or collect annual revenue information, and thus is unable to estimate the number of earth stations that would constitute a small business under the SBA definition. In this Report and Order, we require satellite operators to maintain tracking data on the location of airborne terminals for one year. This database will assist investigations of radio frequency interference claims. ESAA operators must name a point of contact to maintain information about location and frequencies used by ESAA terminals. Such information will assist in investigating radio frequency interference claims. The Commission does not expect significant costs associated with these proposals. Therefore, we do not anticipate that the burden of compliance will be greater for smaller entities. The RFA requires that, to the extent consistent with the objectives of applicable statutes, the analysis shall discuss significant alternatives such as: (1) The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance and reporting requirements under the rule for small entities; (3) the use of performance, rather than design, standards; and (4) an exemption from coverage of the rule, or any part thereof, for small entities. In adopting blanket licensing with 15-year terms for conforming ESAA terminals, the Report and Order simplifies the application process for ESAA and establishes licensing terms consistent with other satellite-based services, such as ESV and VMES. Thus, adoption of the rules should reduce the costs associated with obtaining and maintaining authority to operate an ESAA network.
Final Paperwork Reduction Act of 1995 Analysis
This Report and Order contains new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13 (44. U.S.C. 3501-3520). The requirements will be submitted to the Office of Management and Budget (OMB) for review under section 3507(d) of the PRA. OMB, the general public, and other Federal agencies will be invited to comment on the new or modified information collection requirements contained in this proceeding in a separate notice that will be published in the Federal Register inviting comment on the new or revised requirements. The requirements will not go into effect until OMB has approved them and the Commission has published a notice announcing the effective date of the information collection requirements. In addition, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might further reduce the information collection burden for small business concerns with fewer than 25 employees. In Report and Order, we have assessed the effects of the new rules that impose various requirements on ESAA providers, and find that the collection of information requirements will not have a significant impact on small business concerns with fewer than 25 employees.
Congressional Review Act
The Commission will send a copy of this Report and Order to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
Ordering Clauses
It is ordered that, pursuant to the authority contained in sections 4(i), 4(j), 7(a), 302(a), 303(c), 303(e), 303(f), 303(g), 303(j), 303(r), and 303(y) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 157(a), 302(a), 303(c), 303(e), 303(f), 303(g), 303(j), 303(r), 303(y), this Report and Order in IB Docket No. 05-20 is adopted.
It is further ordered that parts 2 and 25 of the Commission's rules are amended and shall be effective 30 days after the date of publication in the Federal Register, except for Sec. Sec. 25.132(b)(3), and 25.227(b), (c), and (d), which contain new information collection requirements that require approval by the Office of Management and Budget (OMB) under the PRA. The Federal Communications Commission will publish a document in the Federal Register announcing such approval and the relevant effective date.
It is further ordered that the final regulatory flexibility analysis, as required by section 604 of the Regulatory Flexibility Act, is adopted.
It is further ordered that the International Bureau is delegated authority to issue Public Notices consistent with this Report and Order.
It is further ordered that IB Docket No. 05-20 is terminated.
It is further ordered that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center shall send a copy of this Report and Order and the related Notice of Proposed Rulemaking, including the final regulatory flexibility analysis and initial regulatory flexibility analysis, to the Chief Counsel for Advocacy of the Small Business Administration, in accordance with section 603(a) of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
List of Subjects in 47 CFR Parts 2 and 25
Frequency allocations, Satellites.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rule
For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR parts 2 and 25 as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS
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The authority citation for Part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise noted.
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Amend Sec. 2.106, the Table of Frequency Allocations, to read as follows:
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Pages 47-49 are revised.
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In the list of United States (US) Footnotes, footnote US133 is added in alphanumerical order.
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In the list of non-Federal Government (NG) Footnotes, footnotes NG52, NG54, and NG55 are added in alphanumerical order and footnotes NG104, NG182, NG184, and NG186 are removed.
The revisions and additions read as follows:
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Sec. 2.106 Table of Frequency Allocations.
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United States (US) Footnotes
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US133 In the bands 14-14.2 GHz and 14.47-14.5 GHz, the following provisions shall apply to the operations of Earth Stations Aboard Aircraft (ESAA):
(a) In the band 14-14.2 GHz, ESAA licensees proposing to operate within radio line-of-sight of the coordinates specified in 47 CFR 25.227(c) are subject to prior coordination with NTIA in order to minimize harmful interference to the ground terminals of NASA's Tracking and Data Relay Satellite System (TDRSS).
(b) In the band 14.47-14.5 GHz, operations within radio line-of-
sight of the radio astronomy stations specified in 47 CFR 25.226(d)(2) are subject to coordination with the National Science Foundation in accordance with 47 CFR 25.227(d).
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Non-Federal Government (NG) Footnotes
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NG52 Except as otherwise provided for herein, use of the bands 10.7-11.7 GHz (space-to-Earth) and 12.75-13.25 GHz (Earth-to-space) by geostationary satellites in the fixed-satellite service (FSS) shall be limited to international systems, i.e., other than domestic systems. In the sub-bands 10.95-11.2 GHz and 11.45-11.7 GHz, Earth Stations on Vessels (ESV), Vehicle-Mounted Earth Stations (VMES), and Earth Stations Aboard Aircraft (ESAA) as regulated under 47 CFR part 25 may be authorized for the reception of FSS emissions from geostationary satellites, subject to the condition that these earth stations shall not claim protection from transmissions of non-Federal stations in the fixed service.
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NG54 In the band 14-14.5 GHz, Earth Stations Aboard Aircraft (ESAA) as regulated under 47 CFR part 25 may be authorized to communicate with geostationary satellites in the fixed-satellite service (Earth-to-
space), subject to the condition that ESAA shall not claim protection from, nor cause interference to, earth stations at given positions (where the given position may be a specified fixed point or any fixed point within specified areas).
NG55 In the band 11.7-12.2 GHz, Earth Stations Aboard Aircraft (ESAA) as regulated under 47 CFR part 25 are an application of the fixed-satellite service and may be authorized to communicate with geostationary satellites in the fixed-satellite service (space-to-
Earth) on a primary basis.
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PART 25--SATELLITE COMMUNICATIONS
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The authority citation for Part 25 continues to read as follows:
Authority: 47 U.S.C. 701-744. Interprets or applies Sections 4, 301, 302, 303, 307, 309, and 332 of the Communications Act, as amended, 47 U.S.C. 154, 301, 302, 303, 307, 309, and 332 unless otherwise noted.
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Section 25.115 is amended by revising paragraph (a)(2)(iii) to read as follows:
Sec. 25.115 Application for earth station authorizations.
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(a) * * *
(2) * * *
(iii) The earth station is not an ESV, VMES or ESAA.
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Section 25.130 is amended by revising paragraph (a) introductory text to read as follows:
Sec. 25.130 Filing requirements for transmitting earth stations.
(a) Applications for a new or modified transmitting earth station facility shall be submitted on FCC Form 312, and associated Schedule B, accompanied by any required exhibits, except for those earth station applications filed on FCC Form 312EZ pursuant to Sec. 25.115(a). All such earth station license applications must be filed electronically through the International Bureau Filing System (IBFS) in accordance with the applicable provisions of part 1, subpart Y of this chapter. Additional filing requirements for Earth Stations on Vessels are described in Sec. Sec. 25.221 and 25.222. Additional filing requirements for Vehicle-Mounted Earth Stations are described in Sec. 25.226. Additional filing requirements for Earth Stations Aboard Aircraft are described in Sec. 25.227. In addition, applicants that are not required to submit applications on Form 312EZ, other than ESV, VMES or ESAA applicants, must submit the following information to be used as an ``informative'' in the public notice issued under Sec. 25.151 as an attachment to their application:
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Section 25.132 is amended by revising paragraph (b)(3) to read as follows:
Sec. 25.132 Verification of earth station antenna performance standards.
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(b) * * *
(3) Applicants seeking authority to use an antenna that does not meet the standards set forth in Sec. 25.209(a) and (b), pursuant to the procedure set forth in Sec. 25.220, Sec. 25.221, Sec. 25.222, Sec. 25.223, Sec. 25.226 or Sec. 25.227, are required to submit a copy of the manufacturer's range test plots of the antenna gain patterns specified in paragraph (b)(1) of this section.
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Section 25.201 is amended by adding a definition of Earth Stations Aboard Aircraft (ESAA) in alphabetical order to read as follows:
Sec. 25.201 Definitions.
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Earth Stations Aboard Aircraft (ESAA). ESAA is an earth station or earth stations, operating from an aircraft, that receives from and transmits to geostationary satellite orbit Fixed-Satellite Service space stations and operates within the United States pursuant to the requirements set out Sec. 25.227.
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Section 25.202 is amended by adding paragraph (a)(11) to read as follows:
Sec. 25.202 Frequencies, frequency tolerance and emission limitations.
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(a)(11)(i) The following frequencies are available for use by Earth Stations Aboard Aircraft (ESAA):
10.95-11.2 GHz (space-to-Earth)
11.45-11.7 GHz (space-to-Earth)
11.7-12.2 GHz (space-to-Earth)
14.0-14.5 GHz (Earth-to-space)
(ii) ESAAs shall be authorized as set forth in Sec. 25.227.
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Section 25.203 is amended by revising the introductory text in paragraph (c), and paragraphs (d) and (k) to read as follows:
Sec. 25.203 Choice of sites and frequencies.
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(c) Prior to the filing of its application, an applicant for operation of an earth station, other than an ESV, VMES or ESAA, 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:
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(d) An applicant for operation of an earth station, other than an ESV, VMES or an ESAA, shall also ascertain whether the great circle coordination distance contours and rain scatter coordination distance contours,
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computed for those values of parameters indicated in Sec. 25.251 (Appendix 7 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.
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(k) An applicant for operation of an earth station, other than an ESV, VMES or an ESAA, that will operate with a geostationary satellite or non-geostationary satellite in a shared frequency band in which the non-geostationary system is (or is proposed to be) licensed for feeder links, shall demonstrate in its applications that its proposed earth station will not cause unacceptable interference to any other satellite network that is authorized to operate in the same frequency band, or certify that the operations of its earth station shall conform to established coordination agreements between the operator(s) of the space station(s) with which the earth station is to communicate and the operator(s) of any other space station licensed to use the band.
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Section 25.204 is amended by adding paragraph (k) to read as follows:
Sec. 25.204 Power limits.
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(k) Within radio line-of-sight of the Tracking and Data Relay System Satellite (TDRSS) sites identified in Sec. 25.227(c), ESAA transmissions in the 14.0-14.2 GHz (Earth-to-space) band shall not exceed an EIRP spectral density towards or below the horizon of 12.5 dBW/MHz, and shall not exceed an EIRP towards or below the horizon of 16.3 dBW.
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Section 25.205 is amended by adding paragraph (d) to read as follows:
Sec. 25.205 Minimum angle of antenna elevation.
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(d) While on the ground, ESAAs shall not be authorized for transmission at angles less than 5deg measured from the plane of the horizon to the direction of maximum radiation. While in flight there is no minimum angle of antenna elevation.
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Section 25.209 paragraph (f) is revised to read as follows:
Sec. 25.209 Antenna performance standards.
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(f) An earth station with an antenna not conforming to the standards of paragraphs (a) and (b) of this section will be authorized only if the applicant meets its burden of demonstrating that its antenna will not cause unacceptable interference. For ESVs in the C-
band, this demonstration must comply with the procedures set forth in Sec. 25.221. For ESVs in the Ku-band, this demonstration must comply with the procedures set forth in Sec. 25.222. For VMES, this demonstration shall comply with the procedures set forth in Sec. 25.226. For ESAAs, this demonstration shall comply with the procedures set forth in Sec. 25.227. For feeder-link earth stations in the 17/24 GHz BSS, this demonstration must comply with the procedures set forth in Sec. 25.223. For other FSS earth stations, this demonstration must comply with the procedures set forth in Sec. Sec. 25.218 or 25.220. In any case, the Commission will impose appropriate terms and conditions in its authorization of such facilities and operations.
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Section 25.218 is amended by revising the section heading and paragraph (a)(1) to read as follows:
Sec. 25.218 Off-axis EIRP density envelope for FSS earth station operators.
(a) * * *
(1) ESV, VMES and ESAA Applications
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Section 25.220 is amended by revising paragraph (a)(1) to read as follows:
Sec. 25.220 Non-conforming transmit/receive earth station operations.
(a)(1) This section applies to earth station applications other than ESV, VMES, ESAA and 17/24 GHz BSS feeder link applications in which the proposed earth station operations do not fall within the applicable off-axis EIRP density envelope specified in Sec. 25.218.
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Add Sec. 25.227 to Subpart C of Part 25 to read as follows:
Sec. 25.227 Blanket licensing provisions for Earth Stations Aboard Aircraft (ESAAs) receiving in the 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 GHz (space-to-Earth), and 11.7-12.2 GHz (space-to-Earth) frequency bands and transmitting in the 14.0-14.5 GHz (Earth-to-space) frequency band, operating with Geostationary Satellites in the Fixed-
Satellite Service.
(a) The following ongoing requirements govern all ESAA licensees and operations in the 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 GHz (space-to-Earth), 11.7-12.2 GHz (space-to-Earth) and 14.0-14.5 GHz (Earth-to-space) frequency bands receiving from and transmitting to geostationary orbit satellites in the Fixed-Satellite Service. ESAA licensees shall comply with the requirements in either paragraph (a)(1), (a)(2) or (a)(3) of this section and all of the requirements set forth in paragraphs (a)(4) through (a)(16) and paragraphs (c), (d), and (e) of this section. Paragraph (b) of this section identifies items that shall be included in the application for ESAA operations to demonstrate that these ongoing requirements will be met.
(1) The following requirements shall apply to an ESAA that uses transmitters with off-axis EIRP spectral-densities lower than or equal to the levels in paragraph (a)(1)(i) of this section. ESAA licensees operating under this section shall provide a detailed demonstration as described in paragraph (b)(1) of this section. The ESAA transmitter also shall comply with the antenna pointing and cessation of emission requirements in paragraphs (a)(1)(ii) and (iii) of this section.
(i) An ESAA licensee shall not exceed the off-axis EIRP spectral-
density limits and conditions defined in paragraphs (a)(1)(i)(A) through (D) of this subsection.
(A) The off-axis EIRP spectral-density for co-polarized signals emitted from the ESAA, in the plane of the geostationary satellite orbit (GSO) as it appears at the particular earth station location, shall not exceed the following values:
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15 - 10 log10 (N) - 25 dBW/4 kHz...... For..... 1.5deg
