[Federal Register: August 9, 2004 (Volume 69, Number 152)]
[Proposed Rules]
[Page 48192-48194]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09au04-33]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 25
[IB Docket No. 02-364; FCC No. 04-134]
Spectrum Sharing Plan Among Non-Geostationary Satellite Orbit
Mobile Satellite Service Systems in the 1.6/2.4 GHz Bands
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: This document solicits comment on redistributing additional
spectrum in the 1.6 GHz band (L-band or Big LEO band). Specifically,
the Federal Communications Commission (Commission) initiated the
Further Notice of Proposed Rulemaking (FNPRM) in this proceeding to
determine whether mobile-satellite service (MSS) operators using
different technologies could share additional spectrum in the L-band.
DATES: Comments are due September 8, 2004, and reply comments are due
September 23, 2004.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Room TW-B204, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Jennifer Gorny, Howard Griboff, or
James Ball, Policy Division, International Bureau, (202) 418-1460.
[[Page 48193]]
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's FNPRM
in IB Docket No. 02-364, FCC No. 04-134, adopted June 10, 2004, and
released on July 16, 2004. The full text of this document is available
for public inspection and copying during normal reference room hours at
the FCC Reference Information Center, 445 12th Street, SW., Room CY-
A257, Washington, DC 20554. The document is also available for download
over the Internet at http://hraunfoss.fcc.gov/edocs_public/
attachmatch/FCC-04-134A1.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 e-
mail at Commission@bcpiweb.com.
Comments may be filed using the Commission's Electronic Comment
Filing System (ECFS) or by filing paper copies. See Electronic Filing
of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). Comments
filed through the ECFS can be sent as an electronic file via the
Internet to http://www.fcc.gov/e-file/ecfs.html. Parties may also
submit an electronic comment by Internet e-mail. To get filing
instructions for e-mail comments, commenters should send an e-mail to
ecfs@fcc.gov, and should include the following words in the body of the
message, ``get form .'' A sample form and
directions will be sent in reply. Parties who choose to file by paper
must file an original and four copies of each filing. Filings can be
sent by hand or messenger delivery, by commercial overnight courier, or
by first-class or overnight U.S. Postal Service mail. The Commission's
contractor, Natek, Inc., will receive hand-delivered or messenger-
delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing
hours at this location are 8 a.m. to 7 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 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal
Service first-class mail, Express Mail, and Priority Mail should be
addressed to 445 12th Street, SW., Washington, DC 20554. All filings
must be addressed to the Commission's Secretary, Office of the
Secretary, Federal Communications Commission.
Summary of Further Notice of Proposed Rulemaking
On July 16, 2004, the Commission released a Report and Order,
Fourth Report and Order and FNPRM in this proceeding. The Report and
Order and Fourth Report and Order relating to this proceeding is
published elsewhere in this issue of the Federal Register. The FNPRM
seeks comment on proposals for reassigning or reallocating a portion of
spectrum in the Big LEO L-band. In the attached Report and Order, we
adopt provisions that permit time division multiple access (TDMA) and
code division multiple access (CDMA) MSS operators to share 3.1
megahertz of spectrum at 1618.25-1621.35 MHz, based on the record
before us. In adopting these provisions, we have approved a sharing
plan that provides the opportunity for the TDMA MSS operator to have
greater capacity to serve its customers' needs, while at the same time
not causing significant harm to the CDMA MSS operator's ability to
serve its current and future customers. We recognize, however, that the
current TDMA MSS system is capable of operating on frequencies as low
as 1616 MHz, and thus an opportunity for further sharing between the
TDMA and CDMA MSS operators could exist at 1616-1618.25 MHz. We issue
this FNPRM in IB Docket No. 02-364, to explore whether and how sharing
an additional 2.25 MHz in the L-band may be possible.
In particular, parties should discuss how to ensure that shared use
of this band does not adversely impact the ability of both CDMA and
TDMA MSS operators to provide a wide-range of services, including
aviation services. Second, we seek comment on whether and how sharing
of this spectrum by TDMA and CDMA MSS operators would impact CDMA MSS
operators' ability to provide viable ancillary terrestrial component
services. Further, we seek comment on how any additional sharing
requirements might impact the ability of Globalstar, as the CDMA MSS
operator, to provide global communications. For example, Globalstar's
French license starts at 1615 MHz, and Globalstar's Italian and Russian
licenses are limited to frequencies above 1616 MHz.
We also seek comment on what benefits might be gained by permitting
additional sharing and how any technical limitations should be weighed
in comparison against these benefits. We are particularly interested in
any alternative sharing approaches that take into account any technical
limitations and that would permit us to make the most efficient use of
this spectrum.
Procedural Issues
Initial Regulatory Flexibility Certification
The Regulatory Flexibility Act (RFA) requires that an agency
prepare a regulatory flexibility analysis for notice-and-comment
rulemaking 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 generally defines
``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). 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.
The Commission established the original Big LEO band plan in 1994
and has modified that plan in the attached Report and Order. In that
Report and Order, the Commission allows the TDMA and CDMA MSS operators
to share 3.1 megahertz in the L-band at 1618.25-1621.35 MHz. The
spectrum sharing plan in the L-band should promote the efficient use of
spectrum by increasing the number of licensees that use the spectrum.
We recognize, however, that Iridium, the current TDMA MSS operator, is
capable of operating in spectrum as far down as 1616 MHz. Thus, the
purpose of the attached FNPRM is to initiate and conduct a review of
whether it would be feasible for the TDMA and CDMA MSS operators to
share an additional 2.25 megahertz of spectrum at 1616-1618.25 MHz.
This proposed band plan change is designed to further improve spectral
efficiency within the L-band.
The proposal in the FNPRM impacts only Big LEO MSS licensees and
currently, only two MSS licensees are operating in Big LEO spectrum. We
do not consider these entities to be small businesses because small
businesses would not likely be able to satisfy the capital requirements
for launching and operating these satellite systems. Thus, the change
we propose will not have a
[[Page 48194]]
substantial economic impact on small entities.
The Commission therefore certifies, pursuant to the RFA, that the
proposal in this FNPRM, if adopted, will not have a significant
economic impact on a substantial number of small entities. If
commenters believe that the proposals discussed in the FNPRM require
additional RFA analysis, they should include a discussion of these
issues in their comments and additionally label them as RFA comments.
The Commission will send a copy of the FNPRM, including a copy of this
Initial Regulatory Flexibility Certification, to the Chief Counsel for
Advocacy of the SBA. In addition, a copy of the FNPRM and this initial
certification will be published in the Federal Register.
Ordering Clauses
Pursuant to sections 4(i), 7, 302(a), 303(c), 303(e), 303(f) and
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i),
157, 302(a), 303(c), 303(e), 303(f) and 303(r), the FNPRM is adopted.
The Commission's Consumer Information Bureau, Reference Information
Center, shall send a copy of this FNPRM, including the Initial
Regulatory Flexibility Certification, to the Chief Counsel for Advocacy
of the Small Business Administration.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-18147 Filed 8-6-04; 8:45 am]
BILLING CODE 6712-01-P