[Federal Register Volume 75, Number 224 (Monday, November 22, 2010)]
[Proposed Rules]
[Pages 71064-71066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29385]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[IB Docket No. 97-95; FCC 10-186]
Allocation and Designation of Spectrum for Fixed-Satellite
Services in the 37.5-38.5 GHz, 40.5-41.5 GHz and 48.2-50.2 GHz
Frequency Bands
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Federal Communications Commission (FCC) seeks comment on
technical rules for the Fixed-Satellite Service in the 37.5-42.5 GHz
band. The purpose of this proceeding is to ensure that satellite
operators in this band can share the band with terrestrial fixed
microwave services without causing harmful interference.
DATES: Comments are due on or before January 6, 2011 and reply comments
are due on or before February 7, 2011.
ADDRESSES: You may submit comment, identified by WT Docket No. 07-293
and IB Docket No. 95-91, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/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 e-mail: [email protected], 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: Sean O'More (202) 418-2453, or Howard
Griboff, (202) 418-0657, Policy Division, International Bureau, Federal
Communications Commission, Washington, DC 20554.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third
Notice of Proposed Rulemaking (Third Notice) in IB Docket No. 97-95,
adopted October 29, 2010 and released on November 1, 2010. The full
text of the Notice of Proposed Rulemaking is available for public
inspection and copying during regular business hours at the FCC
Reference Information Center, Portals II, 445 12th Street, SW., Room
CY-A257, Washington, DC 20554. This document may also be purchased from
the Commission's duplicating contractor, Best Copy and Printing, Inc.,
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554,
telephone (202) 488-5300, facsimile (202) 488-5563, or via e-mail
[email protected].
The Third Notice contains proposed new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995,
Public Law 104-13. The Commission invites the general public and the
Office of Management and Budget (OMB) to comment on the information
collections contained in the Third Notice, as required by the Paperwork
Reduction Act of 1995, Public Law 104-13. Public and agency comments
are due at the same time as other comments on the Third Notice; OMB
comments are due on January 6, 2011. Comments should address: (a)
Whether the proposed collection of information is necessary for the
proper performance of the functions of the Commission, including
whether the information shall have practical utility; (b) the accuracy
of the Commission's burden estimates; (c) ways to enhance
[[Page 71065]]
the quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on the
respondents, including the use of automated collection techniques or
other forms of information technology.
Summary of Notice of Proposed Rulemaking
The 37.5-42.5 GHz band is shared between FSS and terrestrial
microwave operators on a primary basis. Under a regulatory plan known
as ``soft segmentation,'' technical rules favor the widespread
deployment of terrestrial microwave stations in the 37.5-40.0 GHz
portion of the band and widespread deployment of consumer satellite
earth stations in the 40.0-42.5 GHz portion of the band.
The Third Notice proposes to complete the allocation of the entire
37.5-42.5 GHz band to terrestrial microwave and FSS by removing
allocations to the Broadcasting Service and the Broadcasting-Satellite
Service in the 42.0-42.5 GHz band and by adding an allocation for FSS
on a primary basis in the 42.0-42.5 GHz band.
In order to prevent harmful interference from FSS operators to
terrestrial microwave and to radioastronomy operations in the adjacent
42.5-43.5 GHz band, the Third Notice requests comment on coordination
procedures for FSS operators and terrestrial microwave operators in the
band and requests comment on what protection requirements will
adequately protect radioastronomy operations in the 42.5-43.5 GHz band.
To allow FSS operators to boost power in the band to compensate for
signal fading due to rain, while at the same time preventing harmful
interference to terrestrial microwave stations from higher-power
satellite transmissions, the Third Notice proposes to require FSS
operators in the band to use measures other than boosting power to
compensate for signal fading due to rain before boosting power,
depending on the rain rate in various locations in the United States.
Initial Regulatory Flexibility Analysis: As required by the
Regulatory Flexibility Act (RFA),\1\ the Commission has prepared this
present Initial Regulatory Flexibility Analysis (IRFA) of the possible
significant economic impact on small entities by the policies and rules
proposed in this Third Notice of Proposed Rulemaking (Third Notice).
Written public comments are requested on this IRFA. Comments must be
identified as responses to the IRFA and must be filed by the deadlines
for comments provided in paragraph 59 of this Third Notice. The
Commission will send a copy of this Third Notice, including this IRFA,
to the Chief Counsel for Advocacy of the Small Business Administration
(SBA).\2\ In addition, the Third Notice and IRFA (or summaries thereof)
will be published in the Federal Register.\3\
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\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has
been amended by the Contract With America Advancement Act of 1996,
Public Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the
CWAAA is the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA).
\2\ See 5 U.S.C. 603(a).
\3\ See id.
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A. Need for, and Objectives of, the Proposed Rules
The rules proposed in this Third Notice will allocate the 42.0-42.5
GHz sub-band to the Fixed Satellite Service (FSS), and remove the
allocation of the same sub-band to the Broadcasting Satellite Service
(BSS), in order to harmonize allocations in the 37.5-42.5 GHz band with
the allocations agreed by the United States at the 2000 and 2003 World
Radiocommunication Conferences. The rules proposed in this Third Notice
will also ensure the protection of radioastronomy operations in the
42.5-43.5 GHz band from interference from satellite operations in the
adjacent 37.5-42.5 GHz band. The rules proposed in this Third Notice
will also provide standards for coordination of FSS gateway earth
stations and Fixed Service (FS) stations, in order to prevent
interference between these stations. Finally, the rules proposed in
this Third Notice will establish a methodology for increasing power
flux-density (PFD) from satellites operating in the 37.5-40.0 GHz band
under rain fade conditions, in order to minimize the likelihood of
interference to Fixed Service (FS) microwave links operating in the
same band while at the same time ensuring the continuity of satellite
service.
B. Legal Basis
The proposed action is authorized under Sections 4(i), 303(r), 403,
and 405 of the Communications Act of 1934, as amended, 47 U.S.C.
154(i), 303(r), 403, and 405.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will 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.\4\ The RFA generally
defines the term ``small entity'' as having the same meaning as the
terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' \5\ In addition, the term ``small
business'' has the same meaning as the term ``small business concern''
under the Small Business Act.\6\ 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 SBA.\7\
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\4\ 5 U.S.C. 603(b)(3).
\5\ 5 U.S.C. 601(6).
\6\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the
RFA, 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.'' 5 U.S.C. 601(3).
\7\ Small Business Act, 15 U.S.C. 632 (1996).
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Fixed Microwave Services. Fixed microwave services include common
carrier,\8\ private operational-fixed,\9\ and broadcast auxiliary radio
services.\10\ At present, there are approximately 22,015 common carrier
fixed licensees and 61,670 private operational-fixed licensees and
broadcast auxiliary radio licensees in the microwave services. The
Commission has not created a size standard for a small business
specifically with respect to fixed microwave services. For purposes of
this analysis, the Commission uses the SBA small business size standard
for the category Wireless Telecommunications Carriers (except
Satellite), which is 1,500 or fewer employees.\11\ The Commission does
not have data specifying the number of these licensees that have no
more than 1,500 employees, and thus are unable at this
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time to estimate with greater precision the number of fixed microwave
service licensees that would qualify as small business concerns under
the SBA's small business size standard. Consequently, the Commission
estimates that there are 22,015 or fewer common carrier fixed licensees
and 61,670 or fewer private operational-fixed licensees and broadcast
auxiliary radio licensees in the microwave services that may be small
and may be affected by the rules and policies proposed herein. We note,
however, that the common carrier microwave fixed licensee category
includes some large entities.
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\8\ See 47 CFR 101 et seq. for common carrier fixed microwave
services (except Multipoint Distribution Service).
\9\ Persons eligible under parts 80 and 90 of the Commission's
Rules can use Private Operational-Fixed Microwave services. See 47
CFR Parts 80 and 90. Stations in this service are called
operational-fixed to distinguish them from common carrier and public
fixed stations. Only the licensee may use the operational-fixed
station, and only for communications related to the licensee's
commercial, industrial, or safety operations.
\10\ Auxiliary Microwave Service is governed by Part 74 of Title
47 of the Commission's Rules. See 47 CFR Part 74. This service is
available to licensees of broadcast stations and to broadcast and
cable network entities. Broadcast auxiliary microwave stations are
used for relaying broadcast television signals from the studio to
the transmitter, or between two points such as a main studio and an
auxiliary studio. The service also includes mobile television
pickups, which relay signals from a remote location back to the
studio.
\11\ 13 CFR 121.201, NAICS code 517210.
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Satellite Telecommunications and All Other Telecommunications.
These two economic census categories address the satellite industry.
The first category has a small business size standard of $15 million or
less in average annual receipts, under SBA rules.\12\ The second has a
size standard of $25 million or less in annual receipts.\13\ The most
current Census Bureau data in this context, however, are from the
(last) economic census of 2002, and we will use those figures to gauge
the prevalence of small businesses in these categories.\14\
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\12\ 13 CFR 121.201, NAICS code 517410.
\13\ 13 CFR 121.201, NAICS code 517919.
\14\ 13 CFR 121.201, NAICS codes 517410 and 517910 (2002).
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The category of Satellite Telecommunications ``comprises
establishments primarily engaged in providing telecommunications
services to other establishments in the telecommunications and
broadcasting industries by forwarding and receiving communications
signals via a system of satellites or reselling satellite
telecommunications.'' \15\ For this category, Census Bureau data for
2002 show that there were a total of 371 firms that operated for the
entire year.\16\ Of this total, 307 firms had annual receipts of under
$10 million, and 26 firms had receipts of $10 million to
$24,999,999.\17\ Consequently, we estimate that the majority of
Satellite Telecommunications firms are small entities that might be
affected by our action.
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\15\ U.S. Census Bureau, 2007 NAICS Definitions, ``517410
Satellite Telecommunications''; http://www.census.gov/naics/2007/def/ND517410.HTM.
\16\ U.S. Census Bureau, 2002 Economic Census, Subject Series:
Information, ``Establishment and Firm Size (Including Legal Form of
Organization),'' Table 4, NAICS code 517410 (issued Nov. 2005).
\17\ Id. An additional 38 firms had annual receipts of $25
million or more.
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The second category of All Other Telecommunications comprises,
inter alia, ``establishments primarily engaged in providing specialized
telecommunications services, such as satellite tracking, communications
telemetry, and radar station operation. This industry also includes
establishments primarily engaged in providing satellite terminal
stations and associated facilities connected with one or more
terrestrial systems and capable of transmitting telecommunications to,
and receiving telecommunications from, satellite systems.'' \18\ For
this category, Census Bureau data for 2002 show that there were a total
of 332 firms that operated for the entire year.\19\ Of this total, 303
firms had annual receipts of under $10 million and 15 firms had annual
receipts of $10 million to $24,999,999.\20\ Consequently, we estimate
that the majority of All Other Telecommunications firms are small
entities that might be affected by our action.
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\18\ U.S. Census Bureau, 2007 NAICS Definitions, ``517919 All
Other Telecommunications''; http://www.census.gov/naics/2007/def/ND517919.HTM#N517919.
\19\ U.S. Census Bureau, 2002 Economic Census, Subject Series:
Information, ``Establishment and Firm Size (Including Legal Form of
Organization),'' Table 4, NAICS code 517910 (issued Nov. 2005).
\20\ Id. An additional 14 firms had annual receipts of $25
million or more.
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D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
The Third Notice proposes a rule change that will affect reporting,
recordkeeping and other compliance requirements. Each of these changes
is described below.
The Third Notice proposes to require satellite operators and FS
operators in the 37.5-40.0 GHz band to coordinate the siting of gateway
earth stations and FS stations in the same band when station antennas
have lines of sight into the other licensees' service areas, in
accordance with the frequency coordination process set forth in Section
101.103(d) of the rules. In order to accomplish such coordination,
operators wishing to establish new stations would be required to
accomplish coordination with all licensees whose station antennas lie
within line of sight of the proposed new station, and certify to the
Commission that such coordination has been accomplished along with the
application for authorization for the new station.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
The RFA requires an agency to describe any significant 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 or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities.\21\
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\21\ See 5 U.S.C. 603(c).
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A significant alternate coordination procedure considered in this
Notice was to establish a specific distance between existing stations
and proposed new stations within which the licensee proposing the new
station must coordinate. The Commission decided, however, that the
proposed coordination requirement, which is based on power-flux
densities and actual lines of sight rather than a simple distance
measure, provides more flexibility to licensees in siting new stations,
while at the same time risking no greater likelihood of interference
between stations.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rule
None.
Ordering Clauses
Accordingly, It is ordered that, pursuant to the authority
contained in sections 1, 4(i), 4(j), 7(a), 301, 303(c), 303(f), 303(g),
303(r), 303(y), and 308 of the Communications Act of 1934, as amended,
47 U.S.C. 151, 154(i), 157(a), 301, 303(c), 303(f), 303(g), 303(r),
303(y), 308, the Third Notice of Proposed Rulemaking in IB Docket No.
97-95 is adopted.
It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Third Notice of Proposed Rulemaking, including Initial
Regulatory Flexibility Certification, to the Chief Counsel for Advocacy
of the Small Business Administration.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2010-29385 Filed 11-19-10; 8:45 am]
BILLING CODE 6712-01-P