[Federal Register Volume 68, Number 155 (Tuesday, August 12, 2003)]
[Rules and Regulations]
[Pages 47856-47860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20325]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[IB Docket No. 01-185, FCC No. 03-162]
Flexibility for Delivery of Communications by Mobile Satellite
Service Providers in the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz
Bands
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document is a summary of the Order on Reconsideration
adopted by the Commission in this proceeding. The Commission
reconsidered in part, its decision in this proceeding in which it
allowed flexibility in the delivery of communications by Mobile
Satellite Service (MSS) providers. On reconsideration, the Commission
permitted authorized MSS systems to integrate ancillary terrestrial
components (ATCs) into their MSS networks in three sets of ratio
frequency bands. The Commission also clarified certain issues. The
Commission took this action to address concerns raised by the wireless
carriers.
DATES: Effective September 11, 2003.
FOR FURTHER INFORMATION: Breck Blalock, or James Ball, Policy Division,
International Bureau, (202) 418-1460.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order
on Reconsideration in IB Docket No. 01-185, FCC No. 03-162, adopted
July 3, 2003 and released on July 3, 2003. The full text of this
Commission decision is available for inspection and copying during
normal business hours in the FCC Reference Center (Room CY-A257), 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-0-162A1.pdf. The complete text may also be
purchased from the Commission's copy contractor, Qualex International,
in person at 445 12th Street, SW., Room CY-B402, Washington, DC 20554,
via telephone at (202) 863-2893, via facsimile at (202) 863-2898, or
via e-mail at [email protected].
Summary of Order
On January 29, 2003, the Commission adopted a Report and Order, 68
FR 33640 (June 5, 2003), to permit flexibility in the delivery of
communications by MSS providers that operate in three sets of radio
frequency bands: the 2GHz MSS band, the L-band and the Big LEO bands.
In the Report and Order, the Commission permitted MSS licensees to
integrate ATCs into their MSS networks for the purpose of enhancing
their ability to offer high-quality, affordable mobile services on
land, in the air and over the oceans without using any additional
spectrum resources beyond spectrum already allocated and authorized by
the Commission for MSS in these bands.
Following release of the Report and Order, several wireless
carriers made ex parte presentations stating that certain portions of
the item required clarification. To resolve the concerns of the
wireless carriers, the Commission on its own motion reconsidered the
Report and Order in this proceeding.
[[Page 47857]]
In the Reconsideration Order, the Commission amended Sec. 25.149
to clarify that the rule does not preclude an MSS operator from filing
an ATC application prior to actually meeting all of the gating
requirements. However, the Commission will not grant an ATC
authorization prior to an MSS operator's demonstrating that it has, in
fact, met the gating criteria. This rule change will serve the public
interest by granting ATC applications only after the Commission is
satisfied that each of the gating criteria has in fact been met, or
will be met at the same time the application is granted.
The Commission adopted a new rule section that requires an MSS
operator that is granted ATC authority to notify the Commission within
30 days once it begins providing ATC service. This notification must
take the form of a letter formally filed with the Commission in the
appropriate MSS license docket and shall contain a certification that
the MCC ATC service is consistent with its ATC authority.
In the event that an MSS operator anticipates that its proposal
will present complex or controversial issues that may warrant a longer
deliberative process, the MSS operator may seek an initial finding from
the Commission that its proposed service offerings are ``integrated''
as required by the Commission's Report and Order.
The Commission revised Sec. 25.143 to eliminate the language that
required MSS operators have a conditioned ATC authorization before
engaging in preoperational construction and testing. Rather, the
Commission will permit such construction and testing, at the operator's
risk, at any time after an MSS provider has initiated physical
construction on the MSS system satellites and notified us concerning
the initiation of MSS system satellite construction and the MSS
operator's intent to construct and test ATC facilities. The MSS
operator must notify the Commission in the form of a letter formally
filed with the Commission in the appropriate MSS license docket. The
letter shall specify the frequencies on which the MSS licensee proposes
to engage in pre-operational testing and shall specify the name,
address, telephone number and other such information as may be
necessary to contact a MSS licensee representative for the reporting
and mitigation of any interference that may occur as a result of such
pre-operational testing and build-out. Upon the filing of such a
notification letter, the Commission will issue an informational public
notice stating that such a notification letter has been filed. The
Commission requires pre-operational construction and testing operations
be in compliance with all appropriate technical rules including Sec.
25.255 relating to procedures for resolving possible harmful
interference. Also, MSS licensees engaging in pre-operational build-out
and testing are required to comply with Sec. Sec. 5.83, 5.85(c), 5.111
and 5.117.
Finally, the Commission modified Sec. 25.117(f) to require that
any initial application for the modification of a space station license
to add an ancillary terrestrial component be placed on notice for
public comment.
Procedural Matters
Supplemental Final Regulatory Flexibility Certification
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, 5 U.S.C. 601-612, has
been amended by the Small Business Regulatory Enforcement Fairness Act
of 1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996).)
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. See 5 U.S.C. 601(3) (incorporating by
reference the definition of ``small-business concern'' in the Small
Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C. 601(3), 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.'' 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
U.S. Small Business Administration (SBA). See 15 U.S.C. 632. The SBA
has developed a small business size standard for Satellite
Telecommunications, which consists of all such companies having $12.5
million or less in annual revenue. See 13 CFR 121.201, NAICS code
517410.
Pursuant to the RFA, the Commission incorporated a Final Regulatory
Flexibility Certification into the Report and Order. For the reasons
described below, we now incorporate this supplemental final
certification into the Order on Reconsideration and certify that the
policies and rules adopted in the Order on Reconsideration will not
have a significant economic impact on a substantial number of small
entities.
The Order on Reconsideration will allow MSS operators to file
applications prior to meeting the gating requirements. MSS operators
that have been granted authorization will be required to notify the
Commission within thirty days once the MSS operator begins providing
ATC service. Finally, the rules will permit an MSS provider to
construct and test, at the operator's risk, at any time after an MSS
provider has initiated physical construction on the MSS system
satellites and notified the Commission concerning the initiation of MSS
system satellite construction and the MSS operator's intent to
construct and test ATC facilities. The rule changes adopted in the
Order on Reconsideration will have no significant economic impact on
small entities because the MSS operators will not be required to make
use of the additional capability. Under the rules adopted in the Order
on Reconsideration, the Commission has permitted additional flexibility
that will enhance the ability of MSS operators to offer American
consumers high quality, affordable mobile services on land, in the air,
and over the oceans without using spectrum resources beyond the
spectrum already allocated and authorized for MSS use in these bands.
The Commission also finds that this Order on Reconsideration--which
brings additional flexibility to existing MSS licensees--will not
affect a substantial number of small entities. There are currently five
2 GHz MSS licensees, two Big LEO MSS licensees and three L-band MSS
licensees authorized to provide service in the United States. Although
at least one of the 2 GHz MSS system licensees and one of the Big LEO
licensees are small businesses, small businesses often do not have the
financial ability to become MSS system operators because of the high
implementation costs associated with satellite systems and services. We
expect that, by the time of MSS ATC system implementation, these
current small businesses will no longer be considered small due to the
capital requirements for launching and operating a proposed system.
[[Page 47858]]
Ordering Clauses
Pursuant to sections 4(i), 7, 302, 303(c), 303(e), 303(f) and
303(r) of the Communications Act of 1934, as amended, 47 U.S.C.
sections 154(i), 157, 302, 303(c), 303(e), 303(f) and 303(r), this
Order on Reconsideration is adopted and that part 25 of the rules is
amended, as specified in the rule changes, effective September 11,
2003.
List of Subjects in 47 CFR Part 25
Radio, Satellites, Telecommunications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
PART 25--SATELLITE COMMUNICATIONS
0
1. 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 322 of the Communications Act, as
amended, 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332, unless
otherwise noted.
0
2. Section 25.117 is amended by revising paragraph (f) to read as
follows:
Sec. 25.117 Modification of station license.
* * * * *
(f) An application for modification of a space station license to
add an ancillary terrestrial component to an eligible satellite network
will be treated as a request for a minor modification if the
particulars of operations provided by the applicant comply with the
criteria specified in Sec. 25.149. Notwithstanding the treatment of
such an application as a minor modification, the Commission shall place
any initial application for the modification of a space station license
to add an ancillary terrestrial component on notice for public comment.
Except as provided for in Sec. 25.149(f), no application for authority
to add an ancillary terrestrial component to an eligible satellite
network shall be granted until the applicant has demonstrated actual
compliance with the criteria specified in Sec. 25.149(b).
0
3. Section 25.136 is amended by revising paragraphs (f), (g), and (h)
to read as follows:
Sec. 25.136 Licensing provisions for the L-Band mobile-satellite
service.
* * * * *
(f) Incorporation of ancillary terrestrial component base station
into an L-band mobile-satellite service system. Any licensee authorized
to construct and launch an L-band mobile-satellite system may construct
ancillary terrestrial component (ATC) base stations as defined in Sec.
25.201 at its own risk and subject to the conditions specified in this
subpart any time after commencing construction of the mobile-satellite
service system.
(g) Pre-operational build-out and testing. An MSS licensee may,
without further authority from the Commission and at its own risk
engage in pre-operational build-out and, conduct equipment tests for
the purpose of making such adjustments and measurements as may be
necessary to assure compliance with the terms of the technical
provisions of its MSS license, ATC operation requirements, the rules
and regulations in this Part and the applicable engineering standards.
Prior to engaging in such pre-operational build-out and testing, an MSS
licensee must notify the Commission concerning the initiation of MSS
system satellite construction and the MSS operator's intent to
construct and test ATC facilities. This notification must take the form
of a letter formally filed with the Commission in the appropriate MSS
license docket. Such letter shall specify the frequencies on which the
MSS licensee proposes to engage in pre-operational testing and shall
specify the name, address, telephone number and other such information
as may be necessary to contact a MSS licensee representative for the
reporting and mitigation of any interference that may occur as a result
of such pre-operational testing and build-out. MSS licensees engaging
in pre-operational build-out and testing must also comply with
Sec. Sec. 5.83, 5.85(c), 5.111, and 5.117 of this chapter relating to
experimental operations. An MSS licensee may not offer ATC service to
the public for compensation during pre-operational testing. In order to
operate any ATC base stations, such a licensee must meet all the
requirements set forth in Sec. 25.147 and must have been granted ATC
authority.
(h) Aircraft. All portable or hand-held transceiver units
(including transceiver units installed in other devices that are
themselves portable or hand-held) having operating capabilities in the
1626.5-1660.5 MHz and 1525-1559 MHz bands shall bear the following
statement in a conspicuous location on the device: ``This device may
not be operated while on board aircraft. It must be turned off at all
times while on board aircraft.''
0
4. Section 25.143 is amended by revising paragraphs (i), (j), and (k)
to read as follows:
Sec. 25.143 Licensing provisions for the 1.6/2.4 GHz mobile-satellite
service and the 2 GHz mobile-satellite service.
* * * * *
(i) Incorporation of ancillary terrestrial component base stations
into a 1.6/2.4 GHz mobile-satellite service network or a 2 GHz mobile-
satellite service network. Any licensee authorized to construct and
launch a 1.6/2.4 GHz or a 2 GHz mobile-satellite system may construct
ancillary terrestrial component (ATC) base stations as defined in Sec.
25.201 at its own risk and subject to the conditions specified in this
subpart any time after commencing construction of the mobile-satellite
service system.
(j) Pre-operational build-out and testing. An MSS licensee may,
without further authority from the Commission and at its own risk,
engage in pre-operational build-out and conduct equipment tests for the
purpose of making such adjustments and measurements as may be necessary
to assure compliance with the terms of the technical provisions of its
MSS license, ATC operation requirements, the rules and regulations in
this Part and the applicable engineering standards. Prior to engaging
in such pre-operational build-out and testing, an MSS licensee must
notify the Commission concerning the initiation of MSS system satellite
construction and the MSS operator's intent to construct and test ATC
facilities. This notification must take the form of a letter formally
filed with the Commission in the appropriate MSS license docket. Such
letter shall specify the frequencies on which the MSS licensee proposes
to engage in pre-operational testing and shall specify the name,
address, telephone number and other such information as may be
necessary to contact a MSS licensee representative for the reporting
and mitigation of any interference that may occur as a result of such
pre-operational testing and build-out. MSS licensees engaging in pre-
operational build-out and testing must also comply with Sec. Sec.
5.83, 5.85(c), 5.111, and 5.117 of this chapter relating to
experimental operations. An MSS licensee may not offer ATC service to
the public for compensation during pre-operational testing. In order to
operate any ATC base stations, such a licensee must meet all the
requirements set forth in Sec. 25.149 and must have been granted ATC
authority.
(k) Aircraft. ATC mobile terminals must be operated in accordance
with 25.136(a). All portable or hand-held transceiver units (including
transceiver units installed in other devices that are themselves
portable or hand-held)
[[Page 47859]]
having operating capabilities in the 2000-2020/2180-2200 MHz or 1610-
1626.5 MHz/2483.5-2500 MHz bands shall bear the following statement in
a conspicuous location on the device: ``This device may not be operated
while on board aircraft. It must be turned off at all times while on
board aircraft.''
* * * * *
0
5. Section 25.149 is revised to read as follows:
Sec. 25.149 Application requirements for ancillary terrestrial
components in the mobile-satellite service networks operating in the
1.5./1.6 GHz, 1.6/2.4 GHz and 2 GHz mobile-satellite service.
(a) Applicants for ancillary terrestrial component authority shall
demonstrate that the applicant does or will comply with the following
through certification or explanatory technical exhibit, as appropriate:
(1) ATC shall be deployed in the forward-band mode of operation
whereby the ATC mobile terminals transmit in the MSS uplink bands and
the ATC base stations transmit in the MSS downlink bands in portions of
the 2000-2020 MHz/2180-2200 MHz bands (2 GHz band), the 1626.5-1660.5
MHz/1525-1559 MHz bands (L-band), and the 1610-1626.5 MHz/2483.5-2500
MHz bands (Big LEO band).
(2) ATC operations shall be limited to certain frequencies:
(i) In the 2000-2020 MHz/2180-2200 MHz bands (2 GHz MSS band), ATC
operations are limited to the selected assignment of the 2 GHz MSS
licensee that seeks ATC authority.
(ii) In the 1626.5-1660.5 MHz/1525-1559 MHz bands (L-band), ATC
operations are limited to the frequency assignments authorized and
internationally coordinated for the MSS system of the MSS licensee that
seeks ATC authority.
(iii) In the 1610-1626.5 MHz/2483.5-2500 MHz bands (Big LEO band),
ATC operations are limited to the 1610-1615.5 MHz, 1621.35-1626.5 MHz,
and 2492.5-2498.0 MHz bands and to the specific frequencies authorized
for use by the MSS licensee that seeks ATC authority.
(3) ATC operations shall not exceed the geographical coverage area
of the mobile satellite service network of the applicant for ATC
authority.
(4) ATC base stations shall comply with all applicable antenna and
structural clearance requirements established in part 17 of this
chapter.
(5) ATC base stations and mobile terminals shall comply with part 1
of this chapter, Subpart I--Procedures Implementing the National
Environmental Policy Act of 1969, including the guidelines for human
exposure to radio frequency electromagnetic fields as defined in
Sec. Sec. 1.1307(b) and 1.1310 of this chapter for PCS networks.
(6) ATC base station operations shall use less than all available
MSS frequencies when using all available frequencies for ATC base
station operations would exclude otherwise available signals from MSS
space-stations.
(b) Applicants for an ancillary terrestrial component shall
demonstrate that the applicant does or will comply with the following
criteria through certification:
(1) Geographic and temporal coverage. (i) For the 2 GHz MSS band,
an applicant must demonstrate that it can provide space-segment service
covering all 50 states, Puerto Rico, and the U.S. Virgin Islands one-
hundred percent of the time, consistent with the coverage requirements
for 2 GHz MSS GSO operators.
(ii) For the L-band, an applicant must demonstrate that it can
provide space-segment service covering all 50 states, Puerto Rico, and
the U.S. Virgin Islands one-hundred percent of the time, unless it is
not technically possible for the MSS operator to meet the coverage
criteria from its orbital position.
(iii) For the Big LEO band, an applicant must demonstrate that it
can provide space-segment service to all locations as far north as
70[deg] North latitude and as far south as 55[deg] South latitude for
at least seventy-five percent of every 24-hour period, i.e., that at
least one satellite will be visible above the horizon at an elevation
angle of at least 5[deg] for at least 18 hours each day, and on a
continuous basis throughout the fifty states, Puerto Rico and the U.S.
Virgin Islands, i.e., that at least one satellite will be visible above
the horizon at an elevation angle of at least 5[deg] at all times.
(2) Replacement satellites. (i) Operational NGSO MSS ATC systems
shall maintain an in-orbit spare satellite.
(ii) Operational GSO MSS ATC systems shall maintain a spare
satellite on the ground within one year of commencing operations and
launch it into orbit during the next commercially reasonable launch
window following a satellite failure.
(iii) All MSS ATC licensees must report any satellite failures,
malfunctions or outages that may require satellite replacement within
ten days of their occurrence.
(3) Commercial availability. Mobile-satellite service must be
commercially available (viz., offering services for a fee) in
accordance with the coverage requirements that pertain to each band as
a prerequisite to an MSS licensee's offering ATC service.
(4) Integrated services. MSS ATC licensees shall offer an
integrated service of MSS and MSS ATC. Applicants for MSS ATC may
establish an integrated service offering by affirmatively demonstrating
that:
(i) The MSS ATC operator will use a dual-mode handset that can
communicate with both the MSS network and the MSS ATC component to
provide the proposed ATC service; or
(ii) Other evidence establishing that the MSS ATC operator will
provide an integrated service offering to the public.
(5) In-band operation. (i) In the 2 GHz MSS band, MSS ATC is
limited to an MSS licensee's selected assignment. MSS ATC operations on
frequencies beyond the MSS licensee's selected assignment are
prohibited.
(ii) In the Big LEO band, MSS ATC is limited to no more than 5.5
MHz of spectrum in each direction of operation. Licensees in these
bands may implement ATC only on those channels on which MSS is
authorized, consistent with the Big LEO band-sharing arrangement.
(iii) In the L-band, MSS ATC is limited to those frequency
assignments available for MSS use in accordance with the Mexico City
Memorandum of Understanding, its successor agreements or the result of
other organized efforts of international coordination.
(c) Equipment certification. (1) Each ATC MET utilized for
operation under this part and each transmitter marketed, as set forth
in Sec. 2.803 of this chapter, must be of a type that has been
authorized by the Commission under its certification procedure for use
under this part.
(2) Any manufacturer of radio transmitting equipment to be used in
these services may request equipment authorization following the
procedures set forth in subpart J of part 2 of this chapter. Equipment
authorization for an individual transmitter may be requested by an
applicant for a station authorization by following the procedures set
forth in part 2 of this chapter.
(3) Licensees and manufacturers are subject to the radiofrequency
radiation exposure requirements specified in Sec. Sec. 1.1307(b),
2.1091 and 2.1093 of this chapter, as appropriate. MSS ATC base
stations must comply with the requirements specified in Sec. 1.1307(b)
of this chapter for PCS base stations. MSS ATC mobile terminals must
comply with the requirements specified for mobile and portable PCS
transmitting devices in Sec. 1.1307(b) of this chapter. MSS ATC mobile
terminals must also
[[Page 47860]]
comply with the requirements in Sec. Sec. 2.1091 and 2.1093 of this
chapter for Satellite Communications Services devices. Applications for
equipment authorization of mobile or portable devices operating under
this section must contain a statement confirming compliance with these
requirements for both fundamental emissions and unwanted emissions.
Technical information showing the basis for this statement must be
submitted to the Commission upon request.
(d) Applicants for an ancillary terrestrial component authority
shall demonstrate that the applicant does or will comply with the
provisions of Sec. Sec. 1.924 and 25.203(e) through 25.203(g) and with
Sec. Sec. 25.252, 25.253, or 25.254, as appropriate, through
certification or explanatory technical exhibit.
(e) Except as provided for in paragraph (f) of this section, no
application for an ancillary terrestrial component shall be granted
until the applicant has demonstrated actual compliance with the
provisions of paragraph (b) of this section. Upon receipt of ATC
authority, all ATC licensees must ensure continued compliance with this
section and Sec. Sec. 25.252, 25.253, or 25.254, as appropriate.
(f) Special provision for operational MSS systems. Applicants for
MSS ATC authority with operational MSS systems that are in actual
compliance with the requirements prescribed in paragraphs (b)(1),
(b)(2), and (b)(3) of this section at the time of application may elect
to satisfy the requirements of paragraphs (b)(4) and (b)(5) of this
section prospectively by providing a substantial showing in its
certification regarding how the applicant will comply with the
requirements of paragraphs (b)(4) and (b)(5) of this section.
Notwithstanding Sec. 25.117(f) and paragraph (e) of this section, the
Commission may grant an application for ATC authority based on such a
prospective substantial showing if the Commission finds that operations
consistent with the substantial showing will result in actual
compliance with the requirements prescribed in paragraphs (b)(4) and
(b)(5) of this section. An MSS ATC applicant that receives a grant of
ATC authority pursuant to this paragraph (f) shall notify the
Commission within 30 days once it begins providing ATC service. This
notification must take the form of a letter formally filed with the
Commission in the appropriate MSS license docket and shall contain a
certification that the MSS ATC service is consistent with its ATC
authority.
[FR Doc. 03-20325 Filed 8-11-03; 8:45 am]
BILLING CODE 6712-01-P