FR Doc 05-7180

[Federal Register: April 13, 2005 (Volume 70, Number 70)]
[Rules and Regulations]
[Page 19316-19321]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ap05-16]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 01-185, FCC 05-30]

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 Memorandum Opinion and Order
and Second Order on Reconsideration adopted by the Commission in this
proceeding. The Commission reaffirmed its decision to allow satellite
operators to integrate Ancillary Terrestrial Components (ATC) to
existing Mobile Satellite Service (MSS) systems and amended the service
rules governing ATC to provide greater flexibility for MSS operators to
design and deploy ATC, while protecting other users in the bands. The
new rules will further the Commission's goals of development and rapid
deployment of new technologies, products, and services for the benefit
of the public, including those residing in rural areas, and efficient
and intensive use of the electromagnetic spectrum.

DATES: Effective May 13, 2005.

FOR FURTHER INFORMATION CONTACT: Sean O'More, Howard Griboff, or Paul
Locke, Policy Division, International Bureau, (202) 418-1460.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Memorandum Opinion and Order and Second Order on Reconsideration in IB
Docket No. 01-185, FCC No. 05-30, adopted February 10, 2005 and
released on February 25, 2005. 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). The document is also
available for download over the Internet at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-30A1.doc.
The complete text may also

be purchased from the Commission's copy contractor, Best Copy and
Printing, Inc. (BCPI) located in Room CY-B402, 445 12th Street, SW.,
Washington, DC 20554. Customers may contact BCPI at their web site:
http://www.bcpiweb.com or call 1-800-378-3160.

Summary of Memorandum Opinion and Order and Second Order on
Reconsideration

On February 10, 2003, the Commission released a Report and Order
(MSS Flexibility R&O) in this proceeding (68 FR 33640, June 5, 2003).
The MSS Flexibility R&O permitted MSS operators to provide integrated
ATC within their assigned MSS spectrum, and adopted rules pertaining to
the licensing and operation of ATC systems. The Commission established
a set of prerequisites, known as ``gating criteria,'' that MSS
operators would have to satisfy in order to add ATC to their systems.
The Commission also established technical rules to ensure that ATC did
not interfere with other MSS operators' systems or with other services.
Finally, the Commission concluded that ATC authority would be granted
by modifying MSS operators' current licenses, and that ATC authority
would not be granted by competitive bidding. On July 3, 2003, the
Commission released an Order on Reconsideration (Sua Sponte Order) (68
FR 47856, August 12, 2003), which clarified certain aspects of the MSS
Flexibility R&O.
On February 10, 2005, the Commission adopted the Memorandum Opinion
and Order and Second Order on Reconsideration in this proceeding. The
Memorandum Opinion and Order and Second Order on Reconsideration amends
the licensing and service rules for ATC in the 2000-2020 and 2180-2200
MHz bands (the 2 GHz MSS band), the 1525-1559 MHz and 1626.5-1660.5 MHz
bands (the L-band), and the 1610-1626.5 MHz and 2483.5-2500 MHz bands
(the Big LEO band). MSS can provide mobile communications at any
location in the United States, including rural and remote areas and
offshore maritime areas where communications by terrestrial mobile
systems are often unavailable. In some areas, however, particularly
urban areas, the communications signal from the MSS satellite can be
blocked by tall buildings. For this reason, there are areas where MSS
communications are not available. ATC will provide integrated
communications coverage in these areas, allowing MSS/ATC to offer
ubiquitous service to consumers.
The Memorandum Opinion and Order and Second Order on
Reconsideration responded to petitions for reconsideration of the MSS
Flexibility R&O and Sua Sponte Order in four major areas: (1) Gating
criteria, (2) uplink interference, (3) downlink interference, and (4)
licensing rules.
Gating Criteria. The Memorandum Opinion and Order and Second Order
on Reconsideration considered requests to change the gating criteria
which MSS operators must meet in order to provide ATC. The Commission
declined to require that a percentage of MSS/ATC system capacity must
be reserved for MSS operations. The Commission also declined to require
MSS/ATC user terminals, such as handsets, to attempt to contact the
satellite before communicating through the ATC. The Commission also
clarified the meaning of the term ``dual-mode device,'' the prohibition
on offering ATC-only service, and the requirement that an MSS operator
must satisfy the gating criteria in each band in which it seeks to
offer ATC.
Uplink Interference. The Memorandum Opinion and Order and Second
Order on Reconsideration

[[Page 19317]]

changes the basis of the uplink interference rules in the L-band.
Previously, the technical rules designed to limit uplink interference
to the MSS/ATC operator's own satellite and the satellites of other MSS
operators were a detailed set of restrictions on ATC base stations and
handsets. The Commission reconsidered these rules, and replaced them
with limits on the overall amount of interference an MSS/ATC system, as
a whole, may cause to other MSS systems in the L-band.
Downlink Interference. The Memorandum Opinion and Order and Second
Order on Reconsideration increased the maximum power of ATC base
stations in the L-band. The power limits on ATC base stations in the
MSS Flexibility R&O were based on an assumed MSS user terminal receiver
tolerance level for interference of -60 dBm. The Commission staff
tested representative MSS user terminals and determined that the
correct tolerance level for interference of these terminals is -52 dBm.
This justifies an 8 dB increase in the maximum power of ATC base
stations, and in the power flux density (PFD) that ATC base stations
may produce near airports and waterways. In order to provide extra
interference protection for the 1544-1545 MHz sub-band, which is used
for distress and safety communications, the Commission retained the
former ATC base station power limits in the 1541.5-1547.5 MHz sub-band,
based on measurements that demonstrate lower MSS terminal tolerance for
interference from interfering signals close to the desired signal. The
Commission also required MSS/ATC operators to coordinate with other MSS
operators when there was a likelihood that third-order intermodulation
from ATC base stations could cause harmful interference to MSS
terminals. In addition, the Commission noted that grant of future ATC
applications will be coordinated with the National Telecommunications
and Information Administration, pursuant to the general notification
process, to assure adequate protection of the Radionavigation Satellite
Service (RNSS) signals in the 1559-1610 MHz band.
Licensing Rules. The Memorandum Opinion and Order and Second Order
on Reconsideration reconsidered the licensing rules for ATC, and
amended the rules to allow non-operational MSS operators to demonstrate
that they would soon meet the gating criteria. Upon a substantial
showing, the Commission will grant ATC authorization to these non-
operations MSS operators so they may begin ATC operations at the same
time they begin MSS operations. The Commission also reconsidered and
reaffirmed its decision that ATC authority is not eligible for
assignment by competitive bidding.

Procedural Matters

Paperwork Reduction Act Analysis

The Memorandum Opinion and Order and Second Order on
Reconsideration does not contain information collections subject to the
Paperwork Reduction Act of 1995 (PRA), Public Law No. 104-13. It also,
therefore, does not contain any new or modified ``information
collection burden for small business concerns with fewer than 25
employees,'' pursuant to the Small Business Paperwork Relief Act of
2002, Public Law No. 107-198, see 44 U.S.C. 3506(c)(4).

Final Regulatory Flexibility Act 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.'' (See 5 U.S.C. 601-612; the RFA
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
Small Business Administration (SBA).
As required by the RFA, an Initial Regulatory Flexibility Analysis
(IRFA) was incorporated in the MSS Flexibility Notice, (68 FR 33666,
June 5, 2003) and no parties responded to the IRFA. After a review of
the policies and rules adopted in the MSS Flexibility R&O, the
Commission determined that there would be no significant impact on a
substantial number of small entities. Thus, a Final Regulatory
Flexibility Certification was included in the MSS Flexibility R&O.
In addressing the issues raised by the parties seeking
reconsideration of the MSS Flexibility R&O, no parties commented on the
regulatory flexibility certification. We certify that the policies and
rules adopted in the Memorandum Opinion and Order and Second Order on
Reconsideration will not have a significant impact on a substantial
number of small entities.
We are incorporating the Final Regulatory Analysis Certification
contained in the MSS Flexibility R&O into this proceeding. In our
reconsideration of the petitions in this proceeding, we modify our
rules that permit the addition of ATC to MSS systems. We change certain
technical standards for ATC in the L-band, in order to permit MSS/ATC
licenses flexibility in designing and operating their ATC while at the
same time preventing harmful interference from ATC to co-primary MSS
licensees in the L-band. In addition, we will allow certain increases
in ATC base station power. We also modify the rules for authorizing MSS
operators to add ATC to their networks. We expect that these changes
will facilitate the development of MSS/ATC. We believe that all
entities, both large and small, will have the flexibility to design
their systems to meet their customers' needs. The policies and rules
adopted in this proceeding are essentially technical changes that will
provide equal opportunity for operational and non-operational MSS
systems to add ATC without undue delay.
We believe that the policies and rules adopted in this proceeding--
which bring 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

[[Page 19318]]

small businesses will no longer be considered small due to the capital
requirements for launching and operating a proposed system.
Therefore, we certify that the requirements of the Memorandum
Opinion and Order and Second Order on Reconsideration will not have a
significant economic impact on a substantial number of small entities.
The Commission will send a copy of the Memorandum Opinion and Order
and Second Order on Reconsideration, including a copy of this Final
Regulatory Flexibility Certification, in a report to Congress pursuant
to the Congressional Review Act (see 5 U.S.C. 801(a)(1)(A)).

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. 154(i),
157, 302, 303(c), 303(e), 303(f) and 303(r), this Memorandum Opinion
and Order and Second Order on Reconsideration is adopted and that part
25 of the Commission's rules is amended, as specified in the Final
rule, effective May 13, 2005.
The Petitions for Reconsideration of the MSS Flexibility R&O filed
by Cingular Wireless LLC, the Society of Broadcast Engineers, Inc., and
Cellular Telecommunications & Internet Association are granted in part
and denied in part.
The Petitions for Reconsideration of the MSS Flexibility R&O filed
by Mobile Satellite Ventures Subsidiary LLC and Inmarsat Ventures PLC
are granted in part, dismissed as moot in parte, and denied in part.
The Petition for Reconsideration of the MSS Flexibility R&O filed
by the Boeing Co. is granted in part and denied in part.
The Petition for Reconsideration of the Sua Sponte Order filed by
the Boeing Co. is granted in part and denied in part.
The Final Regulatory Flexibility Certification, as required by
section 604 of the Regulatory Flexibility Act, is adopted.
The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this Memorandum
Opinion and Order and Second Order on Reconsideration, including the
Final Regulatory Flexibility Certification, to the Chief Counsel for
Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 25

Radio, Satellites, Telecommunications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rule

0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 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. 701-744. Interprets or applies Sections 4,
301, 302, 303, 307, 309 and 332 of the Communications Act, as
amended, 47 U.S.C. Sections 154, 301, 302, 303, 307, 309, 332,
unless otherwise noted.

0
2. Section 25.149 is amended by adding a note to paragraph (a)(1) and
by revising paragraph (b)(1)(i) 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) * * *
(1) * * *

Note to paragraph (a)(1): An L-band MSS licensee is permitted to
apply for ATC authorization based on a non-forward-band mode of
operation provided it is able to demonstrate that the use of a non-
forward-band mode of operation would produce no greater potential
interference than that produced as a result of implementing the
rules of this section.

* * * * *
(b) * * *
(1) * * *
(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, unless it
is not technically possible, consistent with the coverage requirements
for 2 GHz MSS GSO operators.
* * * * *

0
3. Section 25.201 is amended by revising the definition of ``Ancillary
terrestrial component'' to read as follows:

Sec. 25.201 Definitions.

* * * * *
Ancillary terrestrial component. The term ``ancillary terrestrial
component'' means a terrestrial communications network used in
conjunction with a qualifying satellite network system authorized
pursuant to these rules and the conditions established in the Orders
issued in IB Docket No. 01-185, 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 Band.
* * * * *

0
4. Section 25.216 is amended by revising paragraph (i) to read as
follows:

Sec. 25.216 Limits on emissions from mobile earth stations for
protection of aeronautical radionavigation-satellite service.

* * * * *
(i) The e.i.r.p density of carrier-off state emissions from mobile
earth stations manufactured more than six months after Federal Register
publication of the rule changes adopted in FCC 03-283 with assigned
uplink frequencies between 1 and 3 GHz shall not exceed -80 dBW/MHz in
the 1559-1610 MHz band averaged over any two millisecond interval.
* * * * *
0
5. Section 25.252 is amended by revising paragraphs (a)(7) and (b)(3)
to read as follows:

Sec. 25.252 Special requirements for ancillary terrestrial components
operating in the 2000-2020 MHz/2180-2200 MHz bands.

(a) * * *
(7) Generate EIRP density, averaged over any two millisecond active
transmission interval, greater than -70 dBW/MHz in the 1559-1610 MHz
band. The EIRP, measured over any two millisecond active transmission
interval, of discrete out-of-band emissions of less than 700 Hz
bandwidth from such base stations, shall not exceed -80 dBW in the
1559-1610 MHz band. A root-mean-square detector function with a
resolution bandwidth of one megahertz or equivalent and no less video
bandwidth shall be used to measure wideband EIRP density for purposes
of this rule, and narrowband EIRP shall be measured with a root-mean-
square detector function with a resolution bandwidth of one kilohertz
or equivalent.
* * * * *
(b) * * *
(3) Not generate EIRP density, averaged over any two-millisecond
active transmission interval, greater than -70 dBW/MHz in the 1559-1610
MHz band. The EIRP, measured over any two-millisecond active
transmission interval, of discrete out-of-band emissions of less than
700 Hz bandwidth from such mobile terminals shall not exceed -80 dBW in
the 1559-1610 MHz band. The EIRP density of carrier-off-state emissions
from such mobile terminals shall not exceed -80 dBW/MHz in the 1559-
1610 MHz band, averaged over a two-millisecond interval. A root-mean-
square detector

[[Page 19319]]

function with a resolution bandwidth of one megahertz or equivalent and
no less video bandwidth shall be used to measure wideband EIRP density
for purposes of this rule, and narrowband EIRP shall be measured with a
root-mean-square detector function with a resolution bandwidth of one
kilohertz or equivalent.
* * * * *

0
6. Section 25.253 is revised to read as follows:

Sec. 25.253 Special requirements for ancillary terrestrial components
operating in the 1626.5-1660.5 MHz/1525-1559 MHz bands.

(a) An ancillary terrestrial component in these bands shall:
(1) In any band segment coordinated for the exclusive use of an MSS
applicant within the land area of the U.S., where there is no other L-
Band MSS satellite making use of that band segment within the visible
portion of the geostationary arc as seen from the ATC coverage area,
the ATC system will be limited by the in-band and out-of-band emission
limitations contained in this section and the requirement to maintain a
substantial MSS service.
(2) In any band segment that is coordinated for the shared use of
the applicant's MSS system and another MSS operator, where the
coordination agreement existed prior to February 10, 2005 and permits a
level of interference to the other MSS system of less than 6% [Delta]T/
T, the applicant's combined ATC and MSS operations shall increase the
system noise level of the other MSS to no more then 6% [Delta]T/T. Any
future coordination agreement between the parties governing ATC
operation will supersede this paragraph.
(3) In any band segment that is coordinated for the shared use of
the applicant's MSS system and another MSS operator, where a
coordination agreement existed prior to February 10, 2005 and permits a
level of interference to the other MSS system of 6% [Delta]T/T or
greater, the applicant's ATC operations may increase the system noise
level of the other MSS system by no more than an additional 1%
[Delta]T/T. Any future coordination agreement between the parties
governing ATC operations will supersede this paragraph.
(4) In a band segment in which the applicant has no rights under a
coordination agreement, the applicant may not implement ATC in that
band.
(b) ATC base stations shall not exceed an out-of-channel emissions
measurement of -57.9 dBW/MHz at the edge of a MSS licensee's authorized
and internationally coordinated MSS frequency assignment.
(c) An applicant for an ancillary terrestrial component in these
bands shall:
(1) Demonstrate, at the time of application, how its ATC network
will comply with the requirements of footnotes US308 and US315 to the
table of frequency allocations contained in Sec. 2.106 of this chapter
regarding priority and preemptive access to the L-band MSS spectrum by
the aeronautical mobile-satellite en-route service (AMS(R)S) and the
global maritime distress and safety system (GMDSS).
(2) Coordinate with the terrestrial CMRS operators prior to
initiating ATC transmissions when co-locating ATC base stations with
terrestrial commercial mobile radio service (CMRS) base stations that
make use of Global Positioning System (GPS) time-based receivers.
(3) Provide, at the time of application, calculations that
demonstrate the ATC system conforms to the [Delta]T/T requirements in
paragraphs (a)(2) and (a)(3) of this section, if a coordination
agreement that incorporates the ATC operations does not exist with
other MSS operators.
(d) Applicants for an ancillary terrestrial component in these
bands must demonstrate that ATC base stations shall not:
(1) Exceed a peak EIRP of 31.9-10*log (number of carriers) dBW/
200kHz, per sector, for each carrier in the 1525-1541.5 MHz and 1547.5-
1559 MHz frequency bands;
(2) Exceed an EIRP in any direction toward the physical horizon
(not to include man-made structures) of 26.9-10*log (number of
carriers) dBW/200 kHz, per sector, for each carrier in the 1525-1541.5
MHz and 1547.5-1559 MHz frequency bands;
(3) Exceed a peak EIRP of 23.9 -10*log(number of carriers) dBW/200
kHz, per sector, for each carrier in the 1541.5-1547.5 MHz frequency
band;
(4) Exceed an EIRP toward the physical horizon (not to include man-
made structures) of 18.9--10*log(number of carriers) dBW/200 kHz, per
sector, for each carrier in the 1541.5-1547.5 MHz frequency band;
(5) Exceed a total power flux density level of -56.8 dBW/
m²/200 kHz at the edge of all airport runways and aircraft
stand areas, including takeoff and landing paths from all carriers
operating in the 1525-1559 MHz frequency bands. The total power flux
density here is the sum of all power flux density values associated
with all carriers in a sector in the 1525-1559 MHz frequency band,
expressed in dB(Watts/m²/200 kHz). Free-space loss must be
assumed if this requirement is demonstrated via calculation;
(6) Exceed a total power flux density level of -56.6 dBW/
m²/200 kHz at the water's edge of any navigable waterway
from all carriers operating in the 1525-1541.5 MHz and 1547.5-1559 MHz
frequency bands. The total power flux density here is the sum of all
power flux density values associated with all carriers in a sector in
the 1525-1541.5 MHz and 1547.5-1559 MHz frequency bands, expressed in
dB(Watts/m²/200 kHz). Free-space loss must be assumed if
this requirement is demonstrated via calculation;
(7) Exceed a total power flux density level of -64.6 dBW/
m²/200 kHz at the water's edge of any navigable waterway
from all carriers operating in the 1541.5-1547.5 MHz frequency band.
The total power flux density here is the sum of all power flux density
values associated with all carriers in a sector in the 1541.5-1547.5
MHz frequency band, expressed in dB(Watts/m²/200 kHz). Free-
space loss must be assumed if this requirement is demonstrated via
calculation;
(8) Exceed a peak antenna gain of 16 dBi;
(9) Generate EIRP density, averaged over any two-millisecond active
transmission interval, greater than -70 dBW/MHz in the 1559-1605 MHz
band or greater than a level determined by linear interpolation in the
1605-1610 MHz band, from -70 dBW/MHz at 1605 MHz to -46 dBW/MHz at 1610
MHz. The EIRP, averaged over any two-millisecond active transmission
interval, of discrete out-of-band emissions of less than 700 Hz
bandwidth from such base stations shall not exceed -80 dBW in the 1559-
1605 MHz band or exceed a level determined by linear interpolation in
the 1605-1610 MHz band, from -80 dBW at 1605 MHz to -56 dBW at 1610
MHz. A root-mean-square detector function with a resolution bandwidth
of one megahertz or equivalent and no less video bandwidth shall be
used to measure wideband EIRP density for purposes of this rule, and
narrowband EIRP shall be measured with a root-mean-square detector
function with a resolution bandwidth of one kilohertz or equivalent.
(e) Applicants for an ancillary terrestrial component in these
bands must demonstrate, at the time of the application, that ATC base
stations shall use left-hand-circular polarization antennas with a
maximum gain of 16 dBi and overhead gain suppression according to the
following:

[[Page 19320]]

------------------------------------------------------------------------
Angle from direction of maximum
gain, in vertical plane, above Antenna discrimination pattern (dB)
antenna (degrees)
------------------------------------------------------------------------
0................................ Gmax
5................................ Not to Exceed Gmax -5
10............................... Not to Exceed Gmax -19
15 to 55......................... Not to Exceed Gmax -27
55 to 145........................ Not to Exceed Gmax -30
145 to 180....................... Not to Exceed Gmax -26
------------------------------------------------------------------------

Where: Gmax is the maximum gain of the base station antenna in dBi.
(f) Prior to operation, ancillary terrestrial component licensees
shall:
(1) Provide the Commission with sufficient information to complete
coordination of ATC base stations with Search-and-Rescue Satellite-
Aided Tracking (SARSAT) earth stations operating in the 1544-1545 MHz
band for any ATC base station located either within 27 km of a SARSAT
station, or within radio horizon of the SARSAT station, whichever is
less.
(2) Take all practicable steps to avoid locating ATC base stations
within radio line of sight of Mobile Aeronautical Telemetry (MAT)
receive sites in order to protect U.S. MAT systems consistent with ITU-
R Recommendation ITU-R M.1459. MSS ATC base stations located within
radio line of sight of a MAT receiver must be coordinated with the
Aerospace and Flight Test Radio Coordinating Council (AFTRCC) for non-
Government MAT receivers on a case-by-case basis prior to operation.
For government MAT receivers, the MSS licensee shall supply sufficient
information to the Commission to allow coordination to take place. A
listing of current and planned MAT receiver sites can be obtained from
AFTRCC for non-Government sites and through the FCC's IRAC Liaison for
Government MAT receiver sites.
(g) ATC mobile terminals shall:
(1) Be limited to a peak EIRP level of 0 dBW and an out-of-channel
emissions of -67 dBW/4 kHz at the edge of an MSS licensee's authorized
and internationally coordinated MSS frequency assignment.
(2) Be operated in a fashion that takes all practicable steps to
avoid causing interference to U.S. radio astronomy service (RAS)
observations in the 1660-1660.5 MHz band.
(3) Not generate EIRP density, averaged over any two-millisecond
active transmission interval, greater than -70 dBW/MHz in the 1559-1605
MHz band or greater than a level determined by linear interpolation in
the 1605-1610 MHz band, from -70 dBW/MHz at 1605 MHz to -46 dBW/MHz at
1610 MHz. The EIRP, averaged over any two-millisecond active
transmission interval, of discrete out-of-band emissions of less than
700 Hz bandwidth from such mobile terminals shall not exceed -80 dBW in
the 1559-1605 MHz band or exceed a level determined by linear
interpolation in the 1605-1610 MHz band, from -80 dBW at 1605 MHz to -
56 dBW at 1610 MHz. The EIRP density of carrier-off-state emissions
from such mobile terminals shall not exceed -80 dBW/MHz in the 1559-
1610 MHz band, averaged over a two-millisecond interval. A root-mean-
square detector function with a resolution bandwidth of one megahertz
or equivalent and no less video bandwidth shall be used to measure
wideband EIRP density for purposes of this rule, and narrowband EIRP
shall be measured with a root-mean-square detector function with a
resolution bandwidth of one kilohertz or equivalent.
(h) When implementing multiple base stations and/or base stations
using multiple carriers, where any third-order intermodulation product
of these base stations falls on an L-band MSS band coordinated for use
by another MSS operator with rights to the coordinated band, the MSS
ATC licensee must notify the MSS operator. The MSS operator may request
coordination to modify the base station carrier frequencies, or to
reduce the maximum base station EIRP on the frequencies contributing to
the third-order intermodulation products. The threshold for this
notification and coordination is when the sum of the calculated signal
levels received by an MSS receiver exceeds -70 dBm. The MSS receiver
used in these calculations can be assumed to have an antenna with 0 dBi
gain. Free-space propagation between the base station antennas and the
MSS terminals can be assumed and actual signal polarizations for the
ATC signals and the MSS system may be used.

0
7. Section 25.254 is amended by revising paragraphs (a)(4) and (b)(4)
as follows:

Sec. 25.254 Special requirements for ancillary terrestrial components
operating in the 1610-1626.5 MHz/2483.5-2500 MHz bands.

(a) * * *
(4) Base stations operating in frequencies above 2483.5 MHz shall
not generate EIRP density, averaged over any two-millisecond active
transmission interval, greater than -70 dBW/MHz in the 1559-1610 MHz
band. The EIRP, averaged over any two-millisecond active transmission
interval, of discrete out-of-band emissions of less than 700 Hz
bandwidth from such base stations shall not exceed -80 dBW in the 1559-
1610 MHz band. A root-mean-square detector function with a resolution
bandwidth of one megahertz or equivalent and no less video bandwidth
shall be used to measure wideband EIRP density for purposes of this
rule, and narrowband EIRP shall be measured with a root-mean-square
detector function with a resolution bandwidth of one kilohertz or
equivalent.
* * * * *
(b) * * *
(4) ATC mobile terminals operating in assigned frequencies in the
1610-1626.5 MHz band shall not generate EIRP density, averaged over any
two-millisecond active transmission interval, greater than -70 dBW/MHz
in the 1559-1605 MHz band or greater than a level determined by linear
interpolation in the 1605-1610 MHz band, from -70 dBW/MHz at 1605 MHz
to -10 dBW/MHz at 1610 MHz. The EIRP, averaged over any two-millisecond
active transmission interval, of discrete out-of-band emissions of less
than 700 Hz bandwidth from such mobile terminals shall not exceed -80
dBW in the 1559-1605 MHz band or exceed a level determined by linear
interpolation in the 1605-1610 MHz band, from -80 dBW at 1605 MHz to -
20 dBW at 1610 MHz. The EIRP density of carrier-off-state emissions
from such mobile terminals shall not exceed -80 dBW/MHz in the 1559-
1610 MHz band, averaged over a two-millisecond interval. A root-mean-
square detector function with a resolution bandwidth of one megahertz
or equivalent and no less video bandwidth shall be used to measure
wideband EIRP density for purposes of this rule, and narrowband EIRP
shall be measured with a root-mean-square detector function with a

[[Page 19321]]

resolution bandwidth of one kilohertz or equivalent.
* * * * *

[FR Doc. 05-7180 Filed 4-12-05; 8:45 am]

BILLING CODE 6712-01-P