Further Streamlining FCC Rules Governing Satellite Services
| Published date | 31 January 2019 |
| Citation | 84 FR 638 |
| Record Number | 2018-27972 |
| Section | Proposed rules |
| Court | Federal Communications Commission |
Federal Register, Volume 84 Issue 21 (Thursday, January 31, 2019)
[Federal Register Volume 84, Number 21 (Thursday, January 31, 2019)]
[Proposed Rules]
[Pages 638-643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27972]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[IB Docket No. 18-314; FCC 18-165]
Further Streamlining FCC Rules Governing Satellite Services
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Federal Communications Commission (FCC)
proposes to create a new, optional, unified license to include both
space stations and earth stations operating in a geostationary-
satellite orbit, fixed-satellite service satellite network; and to
repeal or modify unnecessarily burdensome rules governing satellite
services, such as annual reporting requirements.
DATES: Comments are due March 18, 2019. Reply comments are due April
16, 2019.
ADDRESSES: You may submit comments, identified by IB Docket No. 18-314,
by any of the following methods:
FCC website: http://apps.fcc.gov/ecfs. Follow the
instructions for submitting comments.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Clay DeCell, 202-418-0803.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM), FCC 18-165, adopted and released
November 15, 2018. The full text of the NPRM is available online at
https://docs.fcc.gov/public/attachments/FCC-18-165A1.pdf. The NPRM is
also available for inspection and copying during business hours in the
FCC Reference Information Center, Portals II, 445 12th Street SW, Room
CY-A257, Washington, DC 20554. To request materials in accessible
formats for people with disabilities, send an email to FCC504@fcc.gov
or call the Consumer & Governmental Affairs Bureau at 202-418-0530
(voice), 202-418-0432 (TTY).
Comment Filing Requirements
Interested parties may file comments and reply comments on or
before the dates indicated in the DATES section above. Comments may be
filed using the Commission's Electronic Comment Filing System (ECFS).
Electronic Filers. Comments may be filed electronically
using the internet by accessing the ECFS, http://apps.fcc.gov/ecfs.
Paper Filers. Parties who file by paper must include an
original and one copy of each filing.
Filings may be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings
for the Commission's Secretary must be delivered to FCC Headquarters at
445 12th Street SW, Room TW-A325, Washington, DC 20554. The filing
hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held
together with rubber bands or fasteners. Any envelopes must be disposed
of before entering the building.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 220701.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 445 12th Street SW, Washington DC 20554.
Persons with Disabilities. To request materials in
accessible formats for persons with disabilities (braille, large print,
electronic files, audio format), or to request reasonable
accommodations for filing comments (accessible format documents, sign
language interpreters, CART, etc.), send an email to FCC504@fcc.gov or
call 202-418-0530 (voice) or 202-418-0432 (TTY).
Ex Parte Presentations
Pursuant to 47 CFR 1.1200(a), this proceeding will be treated as a
``permit-but-disclose'' proceeding in accordance with the Commission's
ex parte rules. Persons making ex parte presentations must file a copy
of any written presentation or a memorandum summarizing any oral
presentation within two business days after the presentation (unless a
different deadline applicable to the Sunshine period applies). Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentation must (1) list all persons attending or
otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where
such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with 47 CFR
[[Page 639]]
1.1206(b). In proceedings governed by 47 CFR 1.49(f) or for which the
Commission has made available a method of electronic filing, written ex
parte presentations and memoranda summarizing oral ex parte
presentations, and all attachments thereto, must be filed through the
electronic comment filing system available for that proceeding, and
must be filed in their native format (e.g., .doc, .xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize
themselves with the Commission's ex parte rules.
Paperwork Reduction Act
This document contains proposed new and modified information
collection requirements. The Commission, as part of its continuing
effort to reduce paperwork burdens, invites the general public and the
Office of Management and Budget (OMB) to comment on the information
collection requirements contained in this document, as required by the
Paperwork Reduction Act of 1995, Public Law 104-13. 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 seek specific comment on how we
might further reduce the information collection burden for small
business concerns with fewer than 25 employees.
Synopsis
Under the Commission's rules, satellite operators must follow
separate application and authorization processes for the satellites and
earth stations that make up their networks and have no option for a
single, unified network license. In this Notice of Proposed Rulemaking,
we propose to create a new, optional, unified license to include both
space stations and earth stations operating in a geostationary-
satellite orbit, fixed-satellite service (GSO FSS) satellite network.
In addition, we propose to repeal or modify unnecessarily burdensome
rules in Part 25 governing satellite services, such as annual reporting
requirements. These proposals would greatly simplify the Commission's
licensing and regulation of satellite systems.
Comprehensive Authorization for Space Station and Earth Station
Operations
Background. The Commission issues separate licenses for earth
stations and space stations in a satellite network based on the
different application requirements in 47 CFR 25.114, for space
stations, and 47 CFR 25.115, for earth stations. The goal of these
decades-old, dual licensing paths is to provide for interference-free
operation of both the ground component and space component of the
satellite network. The satellite licensee, however, is often held
responsible for the operation of both the space stations and earth
stations in its satellite network. Internationally, this is done
through coordination of the entire satellite network (earth stations
and space stations) by the satellite operator. Domestically, conditions
are often imposed in satellite licenses that require the satellite
licensee to ensure compliance with earth station power limits as well.
These earth station power limits derive from satellite network
coordination, the Commission's ``two-degree spacing'' policies, or
other sources. For example, GSO FSS satellite applicants in ``two-
degree spacing'' bands certify that the earth stations in their
networks will comply with certain prescribed routine power limits,
unless other power levels are successfully coordinated with adjacent
satellite operators. At the same time, earth station applicants in the
same ``two-degree spacing'' bands must either demonstrate or certify
compliance with these same routine power limits, unless otherwise
coordinated by the satellite operator. Similarly, earth station
licensees are often required to comply with any other, relevant
conditions in the satellite license as well. These overlaps arise with
respect to operations coordinated between satellite operators; however,
site-specific coordination of earth stations with terrestrial stations
are rarely included in space station authorizations and must be
conducted at each specific earth station site selected. Observance of
restrictions from terrestrial coordination is the responsibility of
earth station licensees, who may or may not be owned or controlled by
the space station operator.
Terrestrial operations, in contrast, may sometimes be performed
under a single authorization for both base stations and user terminals.
In its comments, EchoStar Satellite Operating Corporation and Hughes
Network Systems, LLC (together, EchoStar) urge the Commission to adopt
a similar, comprehensive authorization for satellite services. EchoStar
argues that such a comprehensive authorization would offer satellite-
service providers additional flexibility to configure their networks of
satellites, gateway earth stations, and user terminals.
Proposal. We propose to adopt an optional licensing structure of a
single network license for GSO FSS space stations and earth stations.
In addition to providing greater flexibility, this could dramatically
simplify how we authorize earth stations. Today, earth station
applicants are required to submit information that duplicates, and
indeed is more burdensome than, the technical information provided by
satellite operators in space station applications. Under a single
network license, these separate earth station requirements would be
unnecessary.
A single satellite network license could also expedite the
deployment of new earth stations, and therefore services to the public.
In general, we anticipate that the satellite operator--particularly an
operator with different ownership than the earth stations with which it
communicates--would use contractual agreements with earth station end
users to ensure it has the technical and administrative means to
guarantee compliance with its network parameters and authorization,
much as it does today. Because a separate earth station license would
not be required, in cases where terrestrial coordination is
unnecessary, a new end user may be able to begin providing service as
soon as it had contracted with the satellite operator, without seeking
additional Commission approval. Similarly, an earth station could begin
operating under the network license of another satellite as soon as an
agreement was reached with the new satellite operator, subject to any
required coordination. Thus, if successfully implemented, satellite
network licenses could eliminate the need for many, if not most, earth
station applications, which make up the bulk of applications received
in the satellite services today.
We expect that a comprehensive satellite network license would
generally follow the application requirements for space stations and
would be held by the space station operator. It would contain all
authority necessary to operate space stations and blanket-licensed
earth stations, and conditional authority to operate earth stations
requiring individual coordination, subject to successful completion of
the coordination. Other earth station requirements, such as build-out
conditions, would be incorporated into the single license.
We propose initially to limit this unified license to GSO FSS space
stations and earth stations in bands in which the Commission has
adopted standard power limits under our two-degree spacing policy,
excluding frequencies under 10 GHz at this time. In these bands, the
Commission has adopted standard power limits on both uplink and
downlink transmissions and has a well-defined sharing environment and
licensing regime. We invite comment, however, on expanding such
[[Page 640]]
a licensing structure to other bands and services, in particular bands
subject to 47 CFR 25.136 in which the Commission has already adopted
detailed sharing rules between the FSS and other services. We also
request comment on the integration of earth station and space station
requirements into a single license, including whether certain services,
frequency bands, or types of operation would prove easier or more
difficult to authorize under a single satellite network license than
others. Specifically, we seek comment on the costs and benefits
associated with different scopes for a unified license option. And
while we are proposing a unified licensing structure, whereby one
license would cover both space and earth stations, we invite comment on
whether a similar approval process could be implemented for market
access requests that include authority for multiple earth stations.
Specifically, we propose that under a unified license, the GSO FSS
applicant would submit the space station application information
required by 47 CFR 25.114 and 25.140. If the operator certified
compliance with standard uplink power levels in 47 CFR 25.140, it would
not need to provide any additional information on earth station
performance or verified performance currently required by 47 CFR
25.115(a) or 25.132. The applicant would need to certify under 47 CFR
25.115(i) that the use of any contention protocol will be reasonable.
Site coordination and other issues specific to the particular locations
of earth stations would be completed and notified separately by the
earth station end user, as described below.
A space station operator and licensee under a joint space station
and earth station license would need to maintain sufficient control
over all the operations under the license required of a Commission
licensee pursuant to Commission precedent. As noted, we anticipate that
this control could be exercised through contractual means where
necessary, but we invite comment on the issues of control residing with
the space station operator, and on what kinds of contractual provisions
would be appropriate to address such issues. Similarly, we seek comment
on whether any changes to our control provisions in 47 CFR 25.271 would
be necessary to accommodate our unified license proposal. We also seek
comment on whether, as an alternative or addition to the unified
license proposal herein, we should maintain separate licenses for earth
stations communicating with GSO FSS space stations, but permit such
earth station applicants to certify that they will comply with the
terms and conditions of the space station network with which the earth
station will communicate as a substitute for filing the technical
information about the proposed earth station operations currently
required to be submitted by earth station applicants under Schedule B
to the earth station application. We seek comment on the costs and
benefits to both the Commission and applicants from this alternative
proposal.
We also seek comment on creating a new application fee category in
47 CFR 1.1107 for unified space station/earth station licenses based on
the fees for geostationary space station applications, and comment on
the appropriate values for the various types of applications. The
benefit of a new fee category would be to appropriately reflect the
dual earth station and space station elements of the unified license.
This new application fee category could include initial license
applications, license modifications, license transfers, and requests
for special temporary authority. Alternatively, we seek comment on
applying the current space station application fees to unified license
applications as well. In this regard, we expect that the majority of
Commission staff review of a unified license application would concern
the information currently provided in space station applications.
Some earth stations operate in bands shared with other users, such
as terrestrial operators, and require site-based coordination to ensure
successful operation. These earth station coordination agreements are
currently submitted in individual, searchable earth station files. To
maintain transparency and ease of access to site-specific earth station
coordination information, we propose to require earth station end users
to separately file this information with the Commission, as today is
done in the context of a license application, rather than to have all
earth station coordination agreements submitted in the single network
license file. These filings would be made under a normal earth station
call sign and file number in the International Bureau Filing System for
ease of searchability; however, they would not constitute an
application for authorization. Rather, these filings would demonstrate
that the earth station has been successfully coordinated, and therefore
can fulfill the coordination requirements in a unified, network license
under which it wishes to operate. We anticipate that Commission staff
would review the coordination filings for completeness and accuracy,
and after a positive determination place the filings on public notice
for comment under 47 CFR 25.151. After the comment period, the
Commission would indicate its approval of the filings in the
International Bureau Filing System before the earth station operations
could commence under any unified network license, subject to the terms
and restrictions of both the license and coordination agreements. This
process for reviewing coordination filings is necessarily site-specific
and would be conducted in substantially the same way as it is today in
a license application; however, other elements of the earth station
application that are today required and reviewed by Commission staff
before public notice would not be necessary, lowering the overall
burden on both earth station operators and Commission staff. We invite
comment on this procedure and ways to simplify and streamline the
submission and any review of these filings. More broadly, we seek
comment on the costs of implementing unified space station and earth
station license for both operators and the Commission, including
administrative costs, and on the benefits of such a license for both
the Commission and licensees.
To maintain the validity of its coordination filings, an earth
station end user would be required to fulfill the buildout requirements
for the type of earth station. This period is usually one year. In
bands shared with other services, an earth station buildout requirement
can prevent warehousing of spectrum to prevent deployment in other
services. Other showings specific to the particular earth station
location or configuration, such as antenna height restrictions under
Part 17 or radiation hazard limits under Part 1, section I, could be
submitted in an individual earth station file as well. Where only
certifications are required, and are today made by the licensee under a
blanket earth station license, we propose the satellite operator and
joint licensee be made responsible for such certifications and for
ensuring, through contractual or other means, that these requirements
are met by earth stations communicating with its space station.
Build-Out Requirements for Certain Individually Licensed Earth Stations
The Spectrum Frontiers proceeding identified certain frequency
bands for flexible wireless use, while at the same time allowing for
the deployment of a limited number of earth stations that, under
certain conditions, would be either entitled to protection from
terrestrial stations (receive earth stations) or not required to
protect
[[Page 641]]
terrestrial stations (transmit earth stations). These individually
licensed earth stations are expected to be used as gateway stations and
not to serve individual consumers. Current satellite design
contemplates the use of very narrow beams pointed to the locations
where these gateway earth stations will be located. Therefore,
certainty about these gateway locations is required early in the
satellite design process.
Given that, there is a disconnect between the one-year earth
station buildout requirement and the time allowed for a satellite to be
launched and brought into operation (for instance, a geostationary
satellite has to be operational five years from the grant of the
authorization). Having a gateway earth station built within one year
could mean that a significant investment would remain unused for as
long as four years. Moreover, without a satellite to communicate with,
this gateway earth station would not even be able to meet the buildout
rule. Therefore, we propose to better align the buildout requirements
for space stations and associated gateway earth stations to ensure
certainty and allow a more efficient satellite design. We propose that
earth stations authorized through 47 CFR 25.136 have a buildout
requirement defined by the date the associated satellite becomes
operational, up to five years for a GSO satellite or six years for an
NGSO satellite if the satellite is put into operation at the end of its
milestone period, but in any event no less than the one year period
currently applicable. This means that, if the associated satellite is
already in orbit or is launched within one year of the date of the
earth station application, the one-year buildout requirement remains
applicable to this earth station. We seek comment on this proposal.
Annual Reporting Requirements for Satellite Operators
Section 25.170 requires satellite operators to annually disclose
any authorized satellites or spectrum unavailable for service, a
contact point to resolve interference, and the construction progress of
any authorized replacement satellites. EchoStar urges the Commission to
repeal these annual reporting requirements as unnecessary burdens on
satellite operators. While these requirements were recently
consolidated and harmonized, our experience has been that staff do not
make regular use of most of these reports. We further believe that the
requested information often may be duplicative or unnecessary. We
therefore propose to remove the annual reporting requirement for
satellite operators, except to retain the requirement that satellite
operators confirm yearly their point of contact information, which is
necessary to resolve any interference disputes, and for continuing
operations purposes. We propose, however, to move this requirement to
an adjacent rule, 47 CFR 25.171, covering satellite points of contact.
We seek comment on this proposal.
Out-of-Band Emissions
The out-of-band emissions rule in 47 CFR 25.202(f) was adopted in
1973 to limit unwanted emissions that may cause harmful interference to
operators in adjacent bands. The limits, however, are outdated and have
led to confusion among some operators. For example, some have
apparently interpreted the attenuation schedule prescribed in 47 CFR
25.202(f) to take as a reference the in-band power spectral density of
the emission, which would make a significant portion of the assigned
frequency band unusable because it would require an abrupt 25 dB
attenuation at band edge. We expect that updating this rule to conform
to internationally harmonized standards would eliminate most such
misinterpretations--misinterpretations which could otherwise encourage
inefficient satellite designs or deter the construction and launch of
some satellites altogether.
In place of this decades-old provision, therefore, we propose to
adopt a clear, up to date international standard, Recommendation ITU-R
SM.1541-6, ``Unwanted emissions in the out-of-band domain,'' which was
developed with U.S. input. Rather than requiring an abrupt attenuation
at band edge, this out-of-band mask provides for a smooth transition
starting at band edge. We seek comment on this proposal. We believe
this ITU Recommendation is reasonably available to interested parties
because it is available free of charge on the ITU website, https://www.itu.int/rec/R-REC-SM.1541-6-201508-I/en, and would also be made
available for inspection at Commission headquarters.
Dismissal of Applications
The Commission requires all applications under Part 25 to be
substantially complete when filed. An application that is not
substantially complete will be returned to the applicant under the
rules without the ability to correct the substantial defects and
maintain its original filing. EchoStar notes that space station
applications are complex, and that under this policy errors in an
application could cause it to be returned and lose its place in the
first-come, first-served queue. EchoStar therefore suggests that we
allow applicants to correct any errors or omissions within 60 days of a
Commission request. EchoStar also proposes that applications be
accepted for filing automatically within 30 days of filing, unless the
Commission determines otherwise.
We invite comment on these suggestions, including any effect on our
policy for ``major'' amendments under 47 CFR 25.116 that are considered
as newly filed applications under the Commission's space station queue
or processing round regimes. We also ask how proposals for cure periods
can be crafted to prevent the filing of placeholder applications
designed to reserve the position of a woefully incomplete application
in the first-come, first-served queue. Should we specify minimum
criteria for acceptance for filing? If so, what should they be?
Notification of Minor Earth Station Modifications
When an earth station operator makes certain minor modifications to
its licensed earth station that do not increase the risk of
interference, such as changes that do not increase power, add
frequencies, or repoint the antenna beyond any coordinated range, the
Commission requires only a notification of such changes within 30 days
of the modification. In an ex parte filing, Iridium argues that such
modifications within the scope of the authorization and described in 47
CFR 25.118(a)(4) should not even require a notification to the
Commission because they do not impact other service providers.
Similarly, Iridium asks that the Commission clarify that the addition
of new transceiver and antenna combinations to an existing blanket
earth station license do not require prior Commission notification when
they meet the requirements currently listed in 47 CFR 25.118(a)(4).
We believe Iridium's proposed changes would streamline minor earth
station changes that do not pose a risk of additional interference to
other users, and therefore propose to implement them. However, we
invite comment on whether such rule changes would have any impact on
the reliability of information filed with the Commission in earth
station applications.
Initial Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act (RFA), the Commission
has prepared this Initial Regulatory Flexibility Analysis (IRFA) of the
possible significant economic impact on a substantial number of small
entities by
[[Page 642]]
the policies and rules proposed in this Notice. We request written
public comments on this IRFA. Commenters must identify their comments
as responses to the IRFA and must file the comments by the deadlines
for comments on the Notice provided above in the DATES section. The
Commission will send a copy of the Notice, including this IRFA, to the
Chief Counsel for Advocacy of the Small Business Administration. In
addition, the Notice and IRFA (or summaries thereof) are being
published in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
The Notice of Proposed Rulemaking seeks comment on creating a new,
streamlined license for both space stations and earth stations and
other streamlining measures for the authorization of earth stations. It
also proposes to remove the annual reporting requirements for satellite
operators, updating the out-of-band emission limits for satellite
operators, and other corrections in 47 CFR part 25.
B. Legal Basis
The proposed action is authorized under Sections 4(i), 11, 303, and
316 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i),
161, 303, 316.
C. Description and Estimate of the Number of Small Entities To Which
the Proposed Rules May Apply
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 proposed rules, if adopted. 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 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).
Satellite Telecommunications. This category comprises firms
``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.'' The category
has a small business size standard of $32.5 million or less in average
annual receipts, under SBA rules. For this category, Census Bureau data
for 2012 show that there were a total of 333 firms that operated for
the entire year. Of this total, 299 firms had annual receipts of less
than $25 million. Consequently, we estimate that the majority of
satellite telecommunications providers are small entities.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
The NPRM proposes to remove the reporting requirements for
satellite operators and on creating a new, streamlined network license
for both satellites and earth stations, in addition to other
streamlining measures for the licensing of earth stations. These would
reduce paperwork costs for such satellite and earth station operators.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
The RFA requires an agency to describe any significant,
specifically small business, alternatives that it has considered in
reaching its proposed approach, which may include the following four
alternatives (among others): ``(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 rules for such 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 such small
entities.''
The NPRM seeks comment on particular measures to streamline the
licensing of earth stations, which would reduce economic impacts on
small entities. It does not envision increasing the economic impacts on
small entities. Specifically, the NPRM requests comment on eliminating
the need for earth station operators, including small entities, to
notify the Commission of certain minor modifications to their earth
stations. The NPRM also seeks comment on relaxing the acceptability for
filing standard for part 25 applications, including earth station
applications. And it invites comment on a clearer, modern standard for
out of band emissions, including those from earth stations. Other
streamlining measures are also proposed, and comment is sought on ways
to further reduce burdens in implementing the proposals in the NPRM.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
None.
Incorporation by Reference
In Sec. 25.108, we propose to incorporate by reference
Recommendation ITU-R SM.1541-6, ``Unwanted emissions in the out-of-band
domain,'' from August 2015, which is available online for free at
https://www.itu.int/rec/R-REC-SM.1541-6-201508-I/en, Copyright 2015,
for use in Sec. 25.202. This contains a standard for out-of-band
emissions that we propose to require satellite and earth station
licensees to comply with. In addition to being freely available online,
this document would be made available for inspection at FCC
Headquarters and it available for purchase from the International
Telecommunications Union, Place des Nations, 1211 Geneva 20
Switzerland, www.itu.int. We therefore believe this material is
reasonably available to interested parties.
List of Subjects in 47 CFR Part 25
Administrative practice and procedure, Earth stations,
Incorporation by reference, Satellites.
Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer, Office of the Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 25 as follows:
PART 25--SATELLITE COMMUNICATIONS
0
1. The authority citation for part 25 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319,
332, 605, and 721, unless otherwise noted.
0
2. Amend Sec. 25.108 by adding paragraph (c)(10) to read as follows:
Sec. 25.108 Incorporation by reference.
* * * * *
(c) * * *
(10) Recommendation ITU-R SM.1541-6, ``Unwanted emissions in the
out-of-band domain,'' August 2015, https://www.itu.int/rec/R-REC-SM.1541-6-201508-I/en, Copyright 2015. Incorporation by reference
approved for Sec. 25.202(f).
0
3. Amend Sec. 25.118 by
0
a. Removing paragraph (a)(4) and
0
b. Revising paragraph (b).
The revision reads as follows:
[[Page 643]]
Sec. 25.118 Modifications not requiring prior authorization.
* * * * *
(b) Earth station modifications, notification not required.
Notwithstanding paragraph (a) of this section:
(1) Equipment in an authorized earth station may be replaced
without prior authorization and without notifying the Commission if the
new equipment is electrically identical to the existing equipment.
(2) Licensees may make other changes to their authorized earth
stations, including the addition of new transceiver/antenna
combinations, without notifying the Commission, provided the
modification does not involve:
(i) An increase in EIRP or EIRP density (either main lobe or off-
axis);
(ii) Additional operating frequencies;
(iii) A change in polarization;
(iv) An increase in antenna height;
(v) Antenna repointing beyond any coordinated range; or
(vi) A change from the originally authorized coordinates of more
than 1 second in latitude or longitude for stations operating in
frequency bands shared with terrestrial systems or more than 10 seconds
of latitude or longitude for stations operating in frequency bands not
shared with terrestrial systems.
* * * * *
0
4. Add Sec. 25.123 to read as follows:
Sec. 25.123 Combined space station and earth station authorization
A single license may be issued that authorizes the operations of a
GSO FSS space station and earth stations in a satellite network in the
following bands:
10.95-11.2 GHz (space-to-Earth)
11.45-12.2 GHz (space-to-Earth)
13.75-14.5 GHz (Earth-to-space)
18.3-18.8 GHz (space-to-Earth)
19.7-20.2 GHz (space-to-Earth)
28.35-28.6 GHz (Earth-to-space)
29.25-30 GHz (Earth-to-space)
(a) An application for such a comprehensive network license must
contain the information required by Sec. Sec. 25.114 and 25.140 and
must certify that earth stations accessing the network will comply with
part 1, subpart I and part 17 of this chapter.
(b) An earth station seeking to operate in a band shared on an
equal basis with terrestrial services and under a combined space
station and earth station authorization must submit, in a separate
earth station file in IBFS and under an earth station call sign, any
coordination or other information required by Sec. 25.203.
(c) An earth station operating under a combined space station and
earth station authorization is not required to submit the antenna
performance information specified in Sec. 25.132.
0
5. Amend Sec. 25.133 by revising the second sentence of paragraph
(a)(1) and adding paragraph (a)(3) to read as follows:
Sec. 25.133 Period of construction; certification of commencement of
operation.
(a)(1) * * * Construction of the earth station must be completed
and the station must be brought into operation within 12 months from
the date of the license grant except as may be determined by the
Commission for any particular application and except as provided in
paragraph (a)(3) of this section.
* * * * *
(3) An earth station licensed under Sec. 25.136 may have a
buildout period associated with the buildout period of a communicating
space station listed in the earth station application. The earth
station must be brought into operation by the date the space station is
brought into operation, as certified under Sec. 25.173(b), or one year
after the date of grant of the earth station license, whichever is
longer.
* * * * *
0
6. Amend Sec. 25.151 by revising paragraphs (a)(10), (11), and (12)
and adding paragraph (a)(13) to read as follows:
Sec. 25.151 Public Notice
(a) * * *
(10) The receipt of space station application information filed
pursuant to Sec. 25.110(b)(3)(iii);
(11) The receipt of notifications of non-routine transmission filed
pursuant to Sec. 25.140(d);
(12) The receipt of EPFD input data files from an NGSO FSS licensee
or market access recipient, submitted pursuant to Sec. 25.111(b) or
Sec. 25.146(c)(2); and
(13) The receipt of complete information under Sec. 25.123.
Sec. 25.170 [Removed]
0
7. Remove Sec. 25.170.
0
8. Revise Sec. 25.171 to read as follows:
Sec. 25.171 Contact information reporting requirements.
If contact information filed in space station application or
pursuant to Sec. 25.170(b) or Sec. 25.172(a)(1) changes, the operator
must file corrected information electronically in the Commission's
International Bureau Filing System (IBFS), in the ``Other Filings'' tab
of the station's current authorization file. The operator must file the
updated information within 10 days. In addition, satellite operators
must confirm the contact information on June 30 of each year.
0
9. Amend Sec. 25.202 by revising paragraph (f) to read as follows:
Sec. 25.202 Frequencies, frequency tolerance, and emission limits.
* * * * *
(f) Unwanted emissions in the out-of-band domain. The mean power of
an emission must be attenuated below the mean output power of the
transmitter in accordance with Recommendation ITU-R SM.1541-6,
``Unwanted emissions in the out-of-band domain'' (incorporated by
reference, Sec. 25.108), except as provided for SDARS terrestrial
repeaters and NGSO inter-satellite emissions in paragraphs (h) and (i)
of this section.
* * * * *
[FR Doc. 2018-27972 Filed 1-30-19; 8:45 am]
BILLING CODE 6712-01-P
