Rule: Common Carrier Services: Satellite Communications&#8212 Broadcasting-Satellite Service Policies and Service Rules

Wednesday,
August 29, 2007
Part IV
Federal
Communications
Commission
47 CFR Parts 2 and 25
Establishment of Policies and Service
Rules for the Broadcasting-Satellite
Service; Final Rule
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50000 Federal Register / Vol. 72, No. 167 / Wednesday, August 29, 2007 / Rules and Regulations
FEDERAL COMMUNICATIONS Final Regulatory Flexibility Analysis able to determine whether to permit
COMMISSION (FRFA) of the possible significant applicants for satellite licenses to
economic impact on small entities by provide telecommunications services in
47 CFR Parts 2 and 25 the rules adopted in the R&O. The text the U.S. Therefore, we would be unable
[IB Docket No. 06–123; FCC 07–76] of the FRFA is set forth in Appendix A to fulfill our statutory responsibilities in
of the R&O. accordance with the Communications
Establishment of Policies and Service The actions contained herein have Act of 1934, as amended; as well as the
Rules for the Broadcasting-Satellite been analyzed with respect to the obligations imposed on parties to the
Service Paperwork Reduction Act of 1995 at the World Trade Organization (WTO) Basic
initiation of the Notice of Proposed Telecom Agreement.
AGENCY: Federal Communications Rulemaking in this proceeding, and we
Commission. Summary of Report and Order
have previously received approval of
ACTION: Final rule. the associated information collection 1. With this Report and Order (R&O),
requirements from the Office of the Federal Communications
SUMMARY: The Federal Communications Management and Budget (OMB) under Commission (Commission) adopts
Commission adopts processing and OMB Control No. 3060–1097. The processing and service rules for the 17/
service rules for the 17/24 GHz Report and Order and Further Notice of 24 GHz Broadcasting-Satellite Service
Broadcasting-Satellite Service (BSS). Proposed Rulemaking does not contain (BSS). Specifically, the Commission
Specifically, the Commission adopts a any new or modified ‘‘information adopts a first-come, first-served
first-come, first-served licensing collection burden for small business licensing procedure for the 17/24 GHz
procedure for the 17/24 GHz BSS, as concerns with fewer than 25 BSS, as well as various safeguards,
well as various safeguards, reporting employees,’’ pursuant to the Small reporting requirements, and licensee
requirements, and licensee obligations. Business Paperwork Relief Act of 2002, obligations. The Commission also
The Commission also adopts geographic Public Law 107–198, see 44 U.S.C. adopts geographic service rules to
service rules to require 17/24 GHz BSS 3506(c)(4). require 17/24 GHz BSS licensees to
licensees to provide service to Alaska provide service to Alaska and Hawaii as
and Hawaii as discussed herein. In Paperwork Reduction Act discussed herein. In addition, the
addition, the Commission establishes Requirements Commission establishes rules and
rules and requirements for orbital OMB Control Number: 3060–1097. requirements for orbital spacing,
spacing, minimum antenna diameter, Title: Service Rules and Policies for minimum antenna diameter, and
and antenna performance standards. the Broadcasting Satellite Service (BSS). antenna performance standards. Also,
Also, the Commission establishes limits Form No.: Not Applicable. the Commission establishes limits for
for uplink and downlink power levels to Type of Review: On-going collection. uplink and downlink power levels to
minimize the possibility of harmful Respondents: Businesses or other for- minimize the possibility of harmful
interference. Finally, the Commission profit entities. interference. Finally, the Commission
stipulates criteria to facilitate sharing in Number of Respondents: 4 stipulates criteria to facilitate sharing in
the 24 GHz and 17 GHz bands. respondents; 24 responses. the 24 GHz and 17 GHz bands.
DATES: Effective September 28, 2007. Estimated Time per Response: 10 2. In June 2006, the Commission
hours. released a Notice of Proposed
FOR FURTHER INFORMATION CONTACT: Rulemaking (NPRM) in this proceeding,
Frequency of Response: On occasion
Andrea Kelly, (202) 418–7877, Satellite and annual reporting requirements. which proposed processing and service
Division, International Bureau, Federal Estimated Total Annual Burden: 240 rules for the 17/24 GHz BSS. Eight
Communications Commission, hours. parties filed comments in response to
Washington, DC 20554. For additional Estimated Total Annual Costs: the NPRM, and six parties filed reply
information concerning the information $12,451,700.00. comments.
collection(s) contained in this Privacy Act Impact Assessment: Not 3. As the Commission explained in
document, contact Judith B. Herman at Applicable. the NPRM, the 1992 World
202–418–0214, or via the Internet at Needs and Uses: The purpose of this Administrative Radio Conference
Judith-B.Herman@fcc.gov. information collection is to address the (WARC–92) of the International
SUPPLEMENTARY INFORMATION: This is a Paperwork Reduction Act (PRA) Telecommunication Union (ITU)
summary of the Commission’s Report requirements proposed in the adopted an additional frequency
and Order (R&O) in IB Docket No. 06– Commission’s Notice of Proposed allocation for BSS in Region 2. In 2000,
123, FCC 07–76, adopted May 2, 2007 Rulemaking (FCC 06–90) to establish the Commission implemented, in large
and released on May 4, 2007. The full policies and service rules for the new part, the ITU Region 2 allocation for
text of the R&O is available for public Broadcasting Satellite Service under IB BSS domestically. The Commission
inspection and copying during regular Docket No. 06–123. In this NPRM, the recognized that although the allocation
business hours at the FCC Reference Commission proposes three new would not become effective for several
Information Center, Portals II, 445 12th information collection requirements years, its action would provide
Street, SW., Room CY–A257, applicable to Broadcasting Satellite interested parties with sufficient notice
Washington, DC 20554. The document Service licensees: (1) Annual reporting and time to design their systems to use
may also be purchased from the requirement on status of space station this spectrum in the most efficient
Commission’s duplicating contractor, construction and anticipated launch manner. Specifically, the Commission
Best Copy and Printing, Inc., Portals II, dates, (2) milestone schedules and (3) adopted the following allocations and
445 12th Street, SW., Room CY–B402, performance bonds that are posted designations, which took effect on April
Washington, DC 20554, telephone 202– within 30 days of the grant of the 1, 2007: (1) Allocated the 17.3–17.7 GHz
488–5300, facsimile 202–488–5563, or license. band, on a primary basis, to the BSS for
via e-mail FCC@BCPIWEB.com. Without the information collected downlink transmissions, recognizing
Pursuant to the Regulatory Flexibility through the Commission’s satellite that although the ITU Region 2
Act, the Commission has prepared a licensing procedures, we would not be allocation apportioned the 17.3–17.8
Federal Register / Vol. 72, No. 167 / Wednesday, August 29, 2007 / Rules and Regulations 50001
GHz band for BSS use, the U.S. first-served licensing approach adopted FSS) satellites. We also note that all
allocation would be limited to 17.3–17.7 in the First Space Station Licensing 17/24 GHz BSS applicants propose to
GHz to retain spectrum at 17.7–17.8 Reform Order for geostationary satellite operate GSO satellites. Because GSO
GHz for the relocation of fixed service orbit (GSO)-like space station satellites and constellations of non-
(FS) facilities which were being applications. Under this approach, GSO- geostationary satellite orbit (NGSO)
displaced as a result of the new BSS like satellite applications are processed satellites cannot generally share the
allocation; (2) allocated 300 megahertz on a first-come, first-served basis. Thus, same spectrum, and because, as
of spectrum at 24.75–25.05 GHz on a the Commission will grant a GSO-like evidenced by the pending applications,
primary basis for the Fixed-Satellite application provided the applicant is GSO technology is better suited to
Service (FSS) (uplink) and limited FSS qualified and the proposed system is not providing DTH video services, we limit
uplink operations in this band to BSS technically incompatible with a operations in the 17/24 GHz BSS to GSO
feeder links; and (3) allocated 200 previously-licensed satellite or with a satellites. The Commission licenses
megahertz of spectrum at 25.05–25.25 satellite proposed in a previously-filed GSO satellites and most other satellite
GHz for co-primary use between the 24 application. Alternatively, we asked services on a first-come, first-served
GHz Fixed Service, formerly known as whether some other licensing approach basis. As both Intelsat and DIRECTV
Digital Electronic Messaging Service would be more appropriate. In this point out, the first-come, first-served
(DEMS), and BSS feeder links. The regard, the NPRM specifically sought processing method has proven to be an
Commission’s objective was to comment as to whether, pursuant to efficient approach for licensing GSO
accommodate new satellite services section 309(j) of the Communications satellites. Indeed, our experience has
while providing adequate spectrum for Act, a competitive bidding system, or shown that this licensing method has
existing FS operations. auction, could be designed to assign allowed the Commission to dramatically
4. In the NPRM, the Commission mutually exclusive applications for the reduce the length of time required to
proposed and sought comment on a use of this spectrum. The NPRM also process GSO applications. Moreover,
variety of rules to facilitate the licensing sought comment on whether and how with its associated package of
of 17/24 GHz BSS space stations, and such an auction could be implemented safeguards, the first-come, first-served
various obligations and requirements consistent with the ORBIT Act, the D.C. approach has increased the probability
that will be applied to licensees. Also, Circuit’s Northpoint ruling, and ITU that those awarded licenses actually
the NPRM sought comment on technical procedures. construct and launch their satellite
rules designed to minimize interference 7. The majority of commenters systems. As commenters have noted,
and facilitate sharing in certain bands. maintain that the first-come, first-served prompt deployment in this band is
The rules adopted in this Order licensing queue should be employed for particularly important in light of the fact
establish licensing procedures and processing applications for 17/24 GHz that the 17/24 GHz BSS spectrum
technical parameters that will enable BSS space stations. EchoStar, however, became available for use on April 1,
prompt delivery of 17/24 GHz BSS argues that 17/24 GHz BSS applications 2007. In addition, the first-come, first-
satellite services to the public. should not be processed under this served licensing approach works well in
5. Four entities—DIRECTV approach, contending that this method conjunction with the ITU processes for
Enterprises, Inc. (DIRECTV), Pegasus does not result in the award of licenses unplanned bands, such as this one.
Development DBS Corp. (Pegasus), to the applicant that is most able to put 9. We disagree with EchoStar that the
EchoStar Satellite LLC (EchoStar), and the spectrum to productive use. first-come, first-served approach is
Intelsat North America LLC (Intelsat)— EchoStar believes that we should legally unsound or that such an
have filed applications for 17/24 GHz instead award 17/24 GHz BSS licenses approach will be more likely to result in
BSS space station licenses. These by auction or by a processing round spectrum warehousing, speculation, and
applications represent a wide range of approach. To facilitate auctions, gamesmanship. To the contrary, as
system designs and business plans, from consistent with the ORBIT Act and the mentioned, this approach has reduced
complementing existing DBS services to Northpoint ruling, EchoStar suggests the number of speculative applications.
providing a new suite of services which that the Commission could limit 17/24 Further, we have previously addressed
will include standard-definition and GHz BSS spectrum rights to the the Commission’s legal authority to
high-definition formats. We adopt in provision of domestic service if all adopt a first-come, first-served
this Order a method for processing these competing applicants agree. procedure. EchoStar has not provided
applications and accommodating entry Alternatively, EchoStar suggests that the any basis for revisiting that issue here.
by other qualified applicants. Commission could require a percentage, 10. We also are not persuaded that
6. First-Come, First-Served Licensing such as 80%, of the 17/24 GHz BSS EchoStar’s comments warrant a
Approach Adopted: In the NPRM, the satellite’s capacity be devoted to serving conclusion in this instance that a
Commission sought comment on the the United States. EchoStar further competitive bidding system would best
appropriate licensing approach to adopt suggests that, if the Commission decides serve the public interest. Although
for the 17/24 GHz BSS. The NPRM against an auctions approach, it should auctions have proven to be an efficient
noted that, in the First Space Station adopt a processing round procedure means of assigning licenses for scarce
Licensing Reform Order, the combined with strict financial spectrum resources to those parties that
Commission adopted new licensing requirements. No other commenters are able to use these resources
procedures for all satellite services support the use of auctions or efficiently and effectively for the benefit
except DBS and Digital Audio Radio processing rounds. of the public, we conclude that
Service (DARS). The Commission did 8. We find that the first-come, first- restricting the provision of international
not explain, however, whether 17/24 served licensing approach is well-suited service solely to remove 17/24 GHz BSS
GHz BSS should be treated like DBS or for processing applications for 17/24 from the auction prohibition of the
other satellite services for purposes of GHz BSS space stations. As noted in the ORBIT Act is not in the public interest.
processing applications. Thus, the NPRM, the proposed 17/24 GHz BSS We are concerned that such a restriction
NPRM sought comment on whether to space stations would provide services would likely interfere with applicants’
process applications for the 17/24 GHz similar to those provided by the direct- business plans and would thus be an
BSS space stations under the first-come, to-home fixed satellite service (DTH impediment to the efficient deployment
of service to consumers. Indeed, as must submit substantially complete proceed with construction and launch
Intelsat notes, three current applicants, applications or face dismissal, and of its space station. The Commission
including EchoStar, propose to provide cannot sell their place in the processing found requiring a surety company to
international service. Thus, the record queue. In the NPRM, the Commission assess the risk that a licensee would
does not support agreement by requested comment on whether we default on a bond would provide a more
competing applicants to provide 17/24 should apply this package of safeguards accurate market-driven determination of
GHz BSS domestic service only. if we decide to use the first-come, first- a licensee’s ability to proceed than
Further, such restrictions could put served processing approach for 17/24 would a regulatory determination.
U.S.-licensed operators at a competitive GHz BSS. The Commission also sought EchoStar has not provided any evidence
disadvantage to foreign-licensed 17/24 comment on whether there are any to support its assertion that the
GHz BSS systems, which are not public interest rationales for imposing a previously-used financial standard was
similarly restricted in their own higher performance bond and/or tighter more effective. Consequently, we will
domestic markets. For these reasons, we limits on the number of pending not adopt EchoStar’s proposal. Further,
will not award licenses for 17/24 GHz applications and licenses for unbuilt the record does not support more
BSS space stations by auction. satellites that applicants for 17/24 GHz stringent bond requirements or different
11. Further, we are not persuaded by systems may have at any one time. limits on the number of pending
EchoStar’s proposal to adopt a 13. Commenters generally support applications/unbuilt satellites for the
processing round procedure. Prior to the applying the first-come, first-served 17/24 GHz BSS. Thus, we will apply the
adoption of the First Space Station approach safeguards to the 17/24 GHz requirements in place for other GSO-like
Licensing Reform Order in 2003, we BSS. Intelsat states that applying the applicants to 17/24 GHz BSS applicants.
employed a processing round procedure bond requirement and milestone 15. Accordingly, we will apply the
in licensing GSO-like applications. policies should be sufficient to deter same safeguards in place for other GSO-
Under this procedure, it normally took speculative filings in the 17/24 GHz like bands to the 17/24 GHz BSS. These
several years to issue satellite licenses, BSS. Intelsat also notes that prohibiting safeguards include requiring licensees
in one case nearly four years. the sale of places in the queue will to post a $3 million bond with the
Eliminating this regulatory delay was further deter speculative applications. Commission within 30 days of license
one of our primary motives in adopting DIRECTV also supports the application grant; to construct and launch satellite
the first-come, first served approach. of the safeguards that apply to other system(s) consistent with the milestone
Since the first-come, first-served GSO-like services, i.e., milestones and schedule for GSO satellites; to limit to
approach has been adopted, the average performance bonds, to 17/24 GHz BSS five, the number of pending
processing time for GSO-like systems. The Department of applications and/or licenses for unbuilt
applications has decreased drastically Telecommunications of the Government satellites in this band at any one time;
and the backlog of applications is at an of Bermuda (Bermuda) notes that, and to file substantially complete
all-time low. The first-come, first-served although it does not support excessive applications. The safeguards also
processing queue provides a workable reliance on the attainment of milestones prohibit applicants from selling their
framework for timely and prompt nor the use of performance bonds for places in the queue.
processing of applications in this band discouraging speculation, it supports 16. With respect to the ‘‘substantially
and thereby facilitates the provision of the right of each administration to complete’’ requirement, we require
service to the public. Accordingly, for establish its own mechanisms to find a applications to be complete in
the reasons discussed above, we will reasonable balance between commercial substance, and to provide all the
adopt the first-come, first-served adventure and undue speculation. information required in the application
procedure for processing 17/24 GHz EchoStar raises concerns about the use form. Furthermore, applications must
BSS applications. of bonds and milestones to deter not be defective under the
12. Space Station Reform Safeguards speculation and recommends reinstating Commission’s rules, meaning that the
Adopted, Including Bonds, Milestones, the financial qualification rules applications must be complete with
and Limits on the Number of Pending applicable to FSS licensees prior to respect to answers to questions and
Applications: In the NPRM, the 2003. EchoStar contends that strict informational showings, and must be
Commission noted that the First Space financial qualifications are needed free of internal inconsistencies. To be
Station Licensing Reform Order adopted because given the relatively limited substantially complete, a 17/24 GHz
a package of safeguards designed to number of orbital locations for operation BSS satellite application must include a
discourage speculative applications and in the 17/24 GHz BSS, the bond and complete Form 312 and Schedule S, and
to ensure that licensees remain milestone requirements are not enough all the information requested in
committed and able to proceed with to protect against speculation and could § 25.114(d) of the Commission’s rules.
system implementation in a timely still result in an orbital location As amended in Appendix B of this
manner. Applying these safeguards to remaining fallow for several years. Order, § 25.114(d) requires 17/24 GHz
the 17/24 GHz BSS would require 14. We adopt our proposal in the BSS satellite applicants to show that the
licensees to post a $3 million bond with NPRM to apply the safeguards in place proposed satellite will be able to
the Commission within 30 days of under the first-come, first-serve function in a four-degree spacing
license grant and construct and launch licensing approach to the 17/24 GHz environment. Applicants will be
the satellite consistent with the BSS. Contrary to EchoStar’s assertions, required to demonstrate that they
milestone schedule specified in § 25.164 our experience with these safeguards comply with the pfd limits in new
of the Commission’s rules. The bond has shown them to be an effective § 25.208(w), or, if they do not, to
becomes payable if a licensee fails to measure for discouraging speculative demonstrate how they will affect
meet a milestone, rendering the license applications. Indeed, the Commission adjacent 17/24 GHz BSS satellite
null and void. Further, GSO-like adopted the bond requirement because networks, and that the operators of
applicants are limited to a total of five the financial qualification requirements those networks agree to the applicant’s
pending applications and/or licensed it had been using—and which EchoStar proposed operations. Applicants whose
but unlaunched satellites in a particular asks us to reinstate—did not accurately proposed orbital locations are offset
frequency band at any one time, and reflect whether a licensee would from the 17/24 GHz BSS orbital
locations listed in Appendix F will be NPRM, the Commission proposed to a competitive advantage over U.S.-
required to show that they do not cause apply this framework to non-U.S.- licensed operators derived from their
more interference than if they operated licensed 17/24 GHz BSS satellite ability to serve countries and customers
at an exact location listed in Appendix operators seeking to access the U.S. that U.S. operators may be precluded
F, and that their satellite network’s market. from serving. Bermuda has not
performance objectives will be met 19. With respect to eligibility explained why, or to what extent, the
assuming that adjacent operators are requirements, the Commission also 17/24 GHz BSS is so different from
operating at the maximum allowed proposed, in the NPRM, to extend to 17/ other services that we need not be
power flux density levels. 24 GHz BSS operators the DISCO II concerned about ensuring a level
17. DISCO II Market Access Standard policy that requires foreign-licensed playing field among these systems.
Adopted: The Commission’s DISCO II space stations and operators to meet the Further, any evaluation of whether to
Order implemented the market-opening same legal, technical, and financial continue to apply the ECO–SAT
commitments made by the United States requirements that we require U.S. analysis to non-covered services in
in the World Trade Organization applicants to meet. These include any general is beyond the scope of this
(‘‘WTO’’) Agreement on Basic requirements adopted in this proceeding.
Telecommunications Service (‘‘WTO proceeding, such as bond requirements, 23. Last, as with all other services, we
Basic Telecom Agreement’’). In milestone requirements, geographic require all 17/24 GHz BSS operators
particular, the DISCO II Order service requirements, public interest seeking authority to serve the U.S.
established a framework under which obligations, and spacecraft end-of-life market from a non-U.S. satellite to
the Commission will consider requests disposal requirements. provide the same information
for non-U.S.-licensed space stations to 20. Further, as in other satellite concerning their proposed 17/24 GHz
serve the United States. This analysis services, the Commission also proposed BSS space stations as U.S. applicants
considers the effect on competition in to require entities requesting authority must provide when applying for a space
the United States, eligibility and to serve the U.S. market from a non-U.S. station license. This includes filing FCC
operating requirements, spectrum satellite to provide the same information Form 312, information required in
availability, and national security, law concerning the 17/24 GHz BSS satellite Schedule S, and all other information
enforcement, foreign policy, and trade as U.S. applicants must provide when required by § 25.114 of the
concerns. applying for a space station license. Commission’s rules. In addition, all
18. Under DISCO II, the Commission This allows us to determine whether the non-U.S-licensed satellite operators
evaluates the effect of foreign entry on foreign-licensed satellite complies with must meet the requirements adopted in
competition in the United States in one all Commission technical and service this proceeding, including but not
of two ways. First, in cases where the requirements, and whether it may cause limited to bond requirements, milestone
non-U.S.-licensed space station is interference to satellites providing requirements, geographic service
licensed by a country that is a member authorized services to U.S. customers. requirements, public interest obligations
of the WTO and will provide services 21. The commenters generally support and spacecraft end-of-life disposal
covered by the U.S. commitments under this approach. EchoStar and SES requirements.
the WTO Basic Telecom Agreement, the Americom suggest that we should 24. Licensing at Co-Located 17/24
Commission presumes that entry will strictly enforce the ECO-Sat test because GHz BSS and DBS Orbital Locations:
further competition in the United States. it allows us to ensure that U.S.-licensed EchoStar argues that we should award
The U.S. commitments include Mobile- operators have the same opportunity to licenses for 17/24 GHz BSS satellites
Satellite Services (MSS) and many provide 17/24 GHz BSS services to that will be co-located with DBS
fixed-satellite services, but specifically foreign countries as the satellites satellites only to existing DBS licensees
exclude DTH, DBS, and DARS. In licensed by foreign countries have to at those locations. According to
contrast, the Commission conducts an serve the United States. In contrast, EchoStar, this restriction would
‘‘ECO–Sat’’ analysis for non-U.S.- however, Bermuda notes that consumers minimize the risk of harmful
licensed space stations licensed by would benefit if there was an increased interference which will occur when 17/
countries that are not WTO members presumption in all cases that entry to 24 GHz BSS satellites are located at or
and where the foreign operator, the market will further competition. near the same orbital locations as DBS
regardless of its licensing country’s 22. We adopt the Commission’s satellites. SES Americom and Intelsat
WTO status, proposes to provide a non- proposal in the NPRM to evaluate the oppose this proposal, claiming that it is
covered service. Under this analysis, applications of non-U.S.-licensed 17/24 anti-competitive and would block new
applicants seeking to access a foreign GHz BSS satellite operators seeking to entrants from the 17/24 GHz BSS.
space station must provide an analysis access the U.S. market under the DISCO 25. We agree with SES Americom and
as part of their application II framework. Thus, our analysis will Intelsat. The effect of accepting
demonstrating that U.S.-licensed space consider the effect on competition in the EchoStar’s argument would be an
stations have effective competitive United States, eligibility and operating expansion of the authorizations of DBS
opportunities to provide analogous requirements, spectrum availability, and licensees to include authority to operate
services in the country in which the national security, law enforcement, in the 17/24 GHz BSS on the same
space station is licensed (‘‘home’’ foreign policy, and trade concerns. We channel and orbital location at which
market) and in all countries in which note in particular that all applications they are currently operating. We find
communications with the U.S. earth seeking authority to provide DTH that providing such rights to existing
station will originate or terminate services from non-U.S.-licensed 17/24 DBS licensees would hinder
(‘‘route’’ markets). In particular, the GHz BSS operators to the U.S. market competition while conferring a benefit
Commission examines whether there are must include an ECO–Sat analysis. We on existing DBS licensees. Further, we
any de jure or de facto barriers to entry will not eliminate this analysis in favor note that, in the FNPRM section of this
in the foreign country for the provision of a presumption that entry, in all cases, document below, we invite comment on
of analogous services and whether any will further competition, as Bermuda various methods for coordinating DBS
such barriers cause competitive suggests. The ECO–Sat analysis assures and 17/24 GHz BSS satellites when
distortions in the U.S. market. In the us that a foreign entrant will not have located near each other in the
geostationary orbit, perhaps as close as said that all orbital assignments confer applications for replacement satellites
0.2° or 0.3° to each other. In light of this, no permanent rights of use to the in the 17/24 GHz BSS. Further, the
we find that EchoStar’s proposal to licensee, it has recognized the procedure contains mechanisms against
prohibit non-DBS operators from importance of giving satellite operators abuse. We will place 17/24 GHz
applying for 17/24 GHz BSS licenses at some assurance that they will be able to replacement applications on Public
DBS orbital locations is not necessary to continue to serve their customers from Notice, as we do with replacement
prevent harmful interference between the same orbital location as older satellite applications in other services.
DBS and 17/24 GHz BSS satellites. satellites are retired. The Commission Thus, interested parties will have an
26. Fifteen-year and Eight-Year has stated that, without this assurance, opportunity to comment on all
License Terms Adopted, Respectively, operators may be discouraged from applications. We will address any
for Non-Broadcast and Broadcast 17/24 investing the hundred of millions of concerns raised when processing the
GHz Licensees: In the NPRM, the dollars needed to construct, launch, and replacement application and will issue
Commission sought comment on the operate each satellite. Further, the an Order, instead of a grant stamp, when
license term it should apply to 17/24 Commission has said that without appropriate.
GHz licenses. The Commission noted follow-on capacity at the same orbit 33. Annual Reporting Requirements
that § 25.121 of the Commission’s rules location, customers could experience Adopted: In the NPRM, the Commission
provides that licenses for space stations service disruptions. When an orbit noted that most space station operators
will be issued for a period of 15 years, location remains available for a U.S. are subject to annual reporting
except licenses for DBS space stations. satellite with the technical requirements on June 30 of each year.
DBS space stations licensed as broadcast characteristics of the proposed These reports must include, among
facilities are issued licenses for eight- replacement satellite, we will generally other things, the status of space station
year terms, and those DBS space authorize the replacement satellite at construction and anticipated launch
stations not licensed as broadcast the same location. dates. The Commission requested
facilities have 10-year terms. The 30. To facilitate grant of replacement comment on whether we should require
Communications Act provides for a satellites, the Commission has 17/24 GHz BSS U.S.-licensees and 17/24
maximum licensing term of eight years historically processed applications for GHz BSS non-U.S. operators that are
for broadcasting facilities and allows the replacement satellites as they are filed, authorized to access the United States to
Commission to determine license terms rather than subjecting them to the submit similar annual reports.
for particular classes of stations, procedures that otherwise govern 34. Bermuda and Intelsat support a
including satellite space and earth applications for new satellites. Thus, reporting requirement, stating that
stations. In the NPRM, the Commission Commission practice is to immediately annual reports can be useful for
proposed to adopt a 10-year license term consider an application for a monitoring the progress of milestone
for all non-broadcast 17/24 GHz BSS replacement satellite—and grant it if the compliance and helping to deter
satellites. For 17/24 GHz BSS satellites applicant is qualified—without speculative applications. Bermuda adds
that will operate as broadcast facilities, subjecting the application to a that licensees should file reports
the Commission proposed an eight-year ‘‘processing queue’’ or other procedure regardless of whether they are U.S.
license term, as provided under section by which it considers other applications operators or non-U.S. operators.
307(c)(1) of the Communications Act. that may be mutually exclusive with the Bermuda also states that requiring
27. DIRECTV, Intelsat, and Bermuda replacement satellite application. To operators to report at intervals of less
support a 15-year license term for 17/24 further expedite replacement satellite than one year would provide an
GHz systems. Bermuda states that most licensing, the Commission considers increased opportunity to monitor
commercial satellites being planned or unopposed replacement satellite progress. No party objects to a reporting
built today are intended for a service applications with technical requirement for 17/24 GHz BSS
life-expectancy of longer than eight characteristics consistent with those of operators.
years, and notes that a 15-year term the satellite to be retired are processed 35. We adopt the Commission’s
would also be consistent with under a grant-stamp procedure. In the proposal to require 17/24 GHz BSS U.S.-
international practices. NPRM, we proposed to treat licensees and 17/24 GHz BSS non-U.S.
28. Pursuant to our statutory authority replacement satellite applications in the operators that are authorized to access
to implement license terms for different 17/24 GHz BSS under these streamlined the United States to submit annual
classes of space and earth stations, with procedures. reports similar to the annual reports
the exception of DBS stations, we adopt 31. DIRECTV and Intelsat support this required of most FSS satellite operators
a 15-year license term for all non- proposal. Bermuda also supports a to the Commission on June 30 of each
broadcast 17/24 GHz BSS licenses and replacement policy that allows year. We believe such reports, filed on
an eight-year license term for 17/24 GHz operators to replace ‘‘like with like,’’ an annual basis, will help keep us
BSS licensees operating as broadcasters. i.e., replace a satellite after a premature apprised of the status of the space
As noted by the parties, satellites being in-orbit failure (such as caused by solar station, both while it is being built and
built today are intended for longer activity or manufacturing flaw) but once it is in-orbit. We are not convinced
service life expectancy than in the past cautions against abuses in the satellite that more frequent reporting is needed
and should therefore be assigned a replacement grant-stamp process. to achieve this objective. In addition to
longer license term. A 15-year license 32. In order to facilitate grant of 17/ annual reports, licensees must file
term for non-broadcast 17/24 GHz BSS 24 GHz BSS replacement satellite documentation that they have met
satellites accurately reflects the useful applications, we adopt the streamlined various milestones at each milestone
life of most GSO satellites today and procedures applicable to the majority of deadline. This provides the most timely
therefore, we will extend the license the replacement satellite applications way to monitor licensees’ compliance
terms applicable to other non-broadcast considered by the Commission. We have with the milestone conditions in their
GSO-like licensees to 17/24 GHz BSS found that the grant-stamp procedure is licenses. We also note that the
licensees. an efficient method of processing Commission may request at any time
29. Streamlined Procedures Adopted: replacement satellite applications and additional information if such request is
While the Commission has consistently will apply this procedure to unopposed warranted.
36. Operators should file their annual contained in § 25.701. We invited scarce public resources of spectrum and
reports with the Commission’s comment on this proposal. orbital locations. EchoStar argues that a
International Bureau and the 39. Commenters generally support public interest programming set-aside
Commission’s Columbia Operations applying public interest requirements to requirement of seven percent would be
Center in Columbia, Maryland. the 17/24 GHz BSS. SES Americom, a disincentive to development of the 17/
Specifically, the annual reports must however, contends that such 24 GHz BSS and would ‘‘significantly
include: (1) Status of satellite requirements should be imposed only limit’’ the capacity available for sought-
construction and anticipated launch on 17/24 GHz BSS licensees that after services such as local-into-local
date, including any major problems or distribute programming to end users, television broadcast stations and high-
delays encountered; (2) a listing of any and not on 17/24 GHz BSS licensees definition programming.
non-scheduled transponder outages for that are strictly satellite operators with 42. To the extent that Media Access
more than 30 minutes and the cause or no programming control, because they Project is arguing that the channel
causes of such outage; (3) a detailed are not in a position to comply with the reservation requirement should be
description of the utilization made of obligations. In reply, EchoStar states increased for all DBS providers,
each transponder on each of the in-orbit that if public interest obligations are including those originally covered by
satellites, including the percentage of imposed on any 17/24 GHz BSS § 25.701, that issue is beyond the scope
time that the system is actually used for licensees, they should be imposed of this proceeding. With respect to any
U.S. domestic or transborder uniformly on all such licensees. argument that the reservation be
transmission, the amount of capacity (if DIRECTV also believes that public increased for only licensees in the 17/
any) sold but not in service within U.S. interest obligations should be imposed 24 GHz BSS, we find that this might
territorial geographic areas, and the equally on all 17/24 GHz BSS licensees, prove detrimental to development of
amount of unused system capacity; and and states that the Commission has this band by placing greater burdens on
(4) identification of any transponder not previously addressed and rejected SES these licensees than those operating in
available for service or otherwise not Americom’s arguments. others bands. Thus, we require 17/24
performing to specifications, the cause 40. We find that the obligations GHz BSS licensees to reserve four
of these difficulties, and the date any imposed on DBS providers by § 25.701 percent of their channel capacity, as
space station was taken out of service or should apply uniformly if the 17/24 defined in § 25.701, for use by qualified
the malfunction identified. GHz BSS space station is used to programmers for noncommercial
37. NPRM Proposal Adopted: In the provide video services to consumers in programming of an educational or
NPRM, the Commission proposed that the United States. SES Americom’s informational nature. See 47 CFR
applicants for 17/24 GHz BSS satellites argument that program distributors 25.701(c).
should pay fees associated with the using satellite capacity should be 43. The NPRM also sought comment
‘‘Space Stations (Geostationary)’’ service ultimately responsible for fulfilling on whether licensees in the 17/24 GHz
in § 1.1107 of the Commission’s rules. In these obligations was specifically BSS qualify to use the compulsory
addition, we proposed that applicants addressed and rejected by the copyright licenses granted under
seeking authority to operate earth Commission when it originally adopted sections 119 and 122 of the Copyright
stations in the 17/24 GHz BSS should the public interest rules and on Act and, if so, whether broadcast
pay fees associated with the ‘‘Fixed reconsideration of those rules. We see carriage requirements should apply. See
Satellite Transmit/Receive Earth no reason to adopt a different approach 17 U.S.C. 119, 122. These statutory
Stations’’ in § 1.1107. There were no for operations in the 17/24 GHz BSS. licenses permit satellite carriers, as
comments on our filing fee proposals Accordingly, we adopt the proposal to defined in the Copyright Act, to provide
and we adopt our fee proposals. amend § 25.701 to apply to any 17/24 television broadcast signals to their
38. DBS and DTH Public Interest GHz BSS licensee, to the extent that the subscribers. Section 119 of the
Obligations Adopted for 17/24 GHz space station is used to provide video Copyright Act defines ‘‘satellite carrier’’
BSS: § 25.701 of our rules requires DBS programming to consumers in the as an entity that uses a satellite
providers to comply with certain United States. operating in the FSS or DBS service for
political broadcast requirements and 41. Although Media Access Project point-to-multipoint distribution of
children’s television advertising limits, supports the Commission’s proposal to television signals. See 17 U.S.C.
and to set aside four percent of channel impose public interest obligations on 119(d)(6). See also 47 U.S.C. 339. This
capacity for noncommercial, 17/24 GHz BSS licensees that provide section of the Copyright Act allows
educational or informational DBS-like services, it argues that the satellite carriers to offer distant
programming. The entities subject to Commission should increase the broadcast signals under certain
§ 25.701 include entities licensed to amount of programming that service circumstances. Section 122 of the
operate satellites in the 12.2 to 12.7 GHz providers in this band are required to Copyright Act provides a license for
DBS frequency bands; entities licensed reserve for non-commercial local-into-local service and defines
pursuant to part 25 of the Commission’s programming of an educational or ‘‘satellite carrier’’ by reference to the
rules to provide FSS via the Ku-band, informational nature. It argues that, definition in section 119. See 17 U.S.C.
that sell or lease transponder capacity to given the expansion of spectrum 122(j)(3). See also 47 U.S.C. 338.
a video program distributor that offers a capacity being offered to service 44. Both DIRECTV and EchoStar, as
specified number of DTH video providers in this proceeding, the well as NAB, support allowing 17/24
channels to consumers; and non-U.S. Commission should require that GHz BSS licensees to qualify to use the
licensed satellites providing DBS or licensees offer an accompanying compulsory copyright licenses.
DTH-FSS services in the United States. increase in their public interest DIRECTV asserts that while the 17/24
The NPRM proposed that, to the extent programming from the statutory GHZ BSS service is not totally in either
a 17/24 GHz BSS space station is used minimum of four percent to the the DBS or FSS frequency bands, the
to provide video programming to statutory maximum of seven percent. uplink for this service is in a frequency
consumers in the United States (DBS- According to Media Access Project, the band allocated to FSS and, therefore, the
like services), the licensee should be increase would provide value to the copyright license could be construed to
subject to the public interest obligations public in return for their use of the cover 17/24 GHz BSS. Alternatively,
DIRECTV asserts that the Commission requirements that may be subsequently applicants to design and configure 17/
could amend its definition of ‘‘DBS’’ to adopted or enforced by the Commission 24 GHz BSS satellites to be capable of
include use of the 17/24 GHz BSS for broadcasters and MVPDs. providing service to Alaska and Hawaii
downlink band. Although we will not 47. Service Requirements for Alaska that is comparable to the service that
offer an opinion on the appropriate and Hawaii Adopted: The Commission such satellites will provide to CONUS
construction of the Copyright Act, we is committed to establishing policies subscribers. Furthermore, we require
believe that sections 338 and 339 of the and rules that will promote service to all applicants to design and configure these
Communications Act would apply to regions in the United States, particularly satellites to be able to provide service to
17/24 GHz BSS licensees and that to traditionally underserved areas, such Alaska and Hawaii from any orbital
operators in this band, to the extent that as Alaska and Hawaii, and other remote location capable of providing service to
they provide DBS-like service, qualify areas. To achieve these goals, the NPRM either Alaska or Hawaii to which they
for use of the statutory copyright proposed to apply geographic service may be relocated in the future. Thus,
licenses. These licensees will provide rules for the states of Alaska and Hawaii regardless of the location to which the
point-to-multipoint service, in part in the 17/24 GHz BSS. Specifically, to satellite is initially authorized to operate
using FSS frequencies, and thus they the extent that 17/24 GHz BSS space from, if moved to a location capable of
appear to come within the definition of stations are used to provide video providing coverage to Alaska and
a satellite carrier. Licensees availing programming to consumers in the Hawaii, the satellite will be configured
themselves of the statutory copyright United States, we proposed to adopt to provide service to Alaska and Hawaii
licenses must, of course, abide by the rules analogous to those in effect for at the new orbital location. Applying
accompanying broadcast carriage DBS satellites in § 25.148(c) of the geographic service requirements to 17/
requirements in the statute and in Commission’s rules. These rules require 24 GHz BSS operators in this manner
Commission rules, and, if they offer DBS licensees to provide service to will best ensure that 17/24 GHz BSS
service to more than 5 million Alaska and Hawaii where such service service provided to Alaska and Hawaii
customers, must provide television is technically feasible from the is comparable to that provided to
broadcast signals to subscribers in authorized orbital location. DBS CONUS locations. Although we are
Alaska and Hawaii. applicants who do not propose to serve applying these requirements to each
45. EEO Requirements Adopted: The Alaska and Hawaii at the licensing stage satellite where technically feasible
NPRM noted that § 25.601 of the must provide technical analyses to the instead of on a system-wide basis as
Commission’s rules requires an entity Commission demonstrating that such proposed by DIRECTV and EchoStar, we
that owns or leases an FSS or DBS service is not feasible as a technical believe that operators will have
service facility to provide video matter or that, while technically sufficient flexibility to design their
programming directly to the public on a feasible, such service would require so systems in a manner that will be both
subscription basis to comply with the many compromises in satellite design technically and economically efficient.
equal employment opportunity (EEO) and operation as to make it We also require licensees to certify that
requirements. These requirements are economically unreasonable. The replacement and relocated satellites at
set forth in part 76 of the Commission’s Commission sought comment on this locations from which service to Alaska
rules and apply if the entity exercises proposal. In addition, the NPRM noted and Hawaii had been provided by
control over the video programming it that it is likely that many of the satellite another 17/24 GHz BSS satellite will
distributes. We proposed to apply operators in the 17/24 GHz BSS will have the capability to provide at least
§ 25.601 to 17/24 GHz BSS licensees to operate multiple satellites. We asked
the same level of service to Alaska and
the extent such licensees provide DBS- whether, in such instances, we should
Hawaii as the previous 17/24 GHz BSS
like services. In addition, we proposed apply geographic service rules at each
satellite at that location. 17/24 GHz BSS
to require 17/24 GHz BSS licensees to orbital location or on a system-wide
applicants who do not intend to provide
comply with any other EEO basis.
48. Commenters generally support service to Alaska and Hawaii must
requirements that may be subsequently
adopting rules analogous to the DBS provide, in their initial application,
adopted or enforced by the Commission
rules. DIRECTV and EchoStar also technical analyses to the Commission
for broadcasters and multichannel video
support applying the rules on a system- demonstrating that such service is not
service distributors (MVPDs). We sought
wide basis rather than on an orbital feasible as a technical matter or that,
comment on this proposal.
46. EchoStar states that if we impose location basis. DIRECTV states that while technically feasible, such service
EEO obligations on 17/24 GHz BSS applying the rules on a system-wide would require so many compromises in
licensees, we should apply them basis will provide flexibility without satellite design and operation as to make
uniformly to all licensees. Bermuda compromising the goal of comparable it economically unreasonable.
states generally that it supports our service to all regions of the United 50. EAS Requirements Adopted: In
proposals. We find that it is in the States. EchoStar notes that the technical the NPRM, the Commission noted that,
public interest to apply § 25.601 of our feasibility of service from a particular in the EAS First Report and Order and
rules to 17/24 GHz BSS licensees to the orbital location may not be the same for Further Notice, the Commission
extent such licensees provide DBS-like the 12 GHz and 17 GHz bands. amended part 11 of its rules to require
services, as well as to require 17/24 GHz 49. Accordingly, 17/24 GHz BSS participation in the Emergency Alert
BSS licensees to comply with any other licensees, to the extent that such System (EAS) by digital broadcast
EEO requirements that may be licensees provide DBS-like services, are stations, digital cable systems, DBS
subsequently adopted or enforced by the required to certify that they will provide services, and DARS. The NPRM also
Commission for broadcasters and service to Alaska and Hawaii noted that in the EAS First Report and
MVPDs. Accordingly, we will apply comparable to that provided to locations Order and Further Notice, the
§ 25.601 of our rules to 17/24 GHz BSS in the 48 contiguous United States Commission defined DBS broadly to
licensees to the extent such licensees (CONUS), unless such service is not include the ‘‘vast majority of DTH
provide DBS-like services, and 17/24 technically feasible or not economically services, particularly those which
GHz BSS licensees will be required to reasonable from the authorized orbital viewers may have expectations as to
comply with any other EEO location. In addition, we require available warnings based on experience
with broadcast television services.’’ communications are necessary for the of the downlink to international service
Because the same concerns the dissemination of vital information to the only, i.e., to receiving earth stations
Commission addressed in the EAS First public in times of emergency. located outside of the U.S. and its
Report and Order and Further Notice 54. We believe that customers of the possessions. The NPRM sought
are presented with the introduction of new 17/24 GHz BSS services would comment on this proposal and any rule
services by 17/24 GHz BSS providers, likely have similar expectations changes that might be necessary to effect
the NPRM proposed to apply the EAS regarding these services as they do its implementation. Recognizing that the
requirements to providers of those towards those other satellite services footprint of satellite beams serving
services to the extent that 17/24 GHz where video programming is provided nearby Region 2 countries could
BSS licensees provide DBS-like directly to consumers. The particular illuminate portions of the United States,
services. band in which DTH services are offered the NPRM also proposed to adopt Power
51. Commenters disagree as to has no relevance to customers’ Flux Density (pfd) limits in order to
whether the Commission should apply expectations regarding their ability to protect terrestrial service antennas from
EAS requirements to all 17/24 GHz BSS receive warnings. In other words, the co-frequency interference from space
licensees. SES Americom and Intelsat EAS obligations for these services station transmissions. Specifically, it
maintain that EAS requirements should should be uniform no matter what proposed to adopt the same pfd limits
apply only to 17/24 GHz BSS licensees portion of spectrum a particular that were imposed on FSS transmissions
that distribute programming to end provider chooses for its services. In this in the 17.7–17.8 GHz band by
users and not to FSS licensees that regard, we note that, pursuant to the § 25.208(c) of the Commission’s rules
provide satellite capacity, such as SES rules adopted in the EAS First Report prior to the adoption of the 18 GHz
Americom and Intelsat. According to and Order, entities providing DBS Report and Order in 2002, and are also
SES Americom, FSS operators have services as defined by § 25.701(a) of the the same limits that Article 21 of the
conclusively demonstrated that placing Commission’s rules, will be subject to ITU Radio Regulations currently
EAS obligations on the licensee instead the part 11 EAS rules effective May 31, imposes on FSS operators in this band.
of the programming distributor impairs 2007. In light of this precedent and the See Table 21–4 of the ITU Radio
the effectiveness of the EAS program reasons stated above, we conclude that, Regulations. The NPRM sought
and prevents the Commission from where 17/24 GHz BSS space stations are comment on extension of these
penalizing a programming distributor used to provide video services directly proposed pfd limits to the 17/24 GHz
that fails to deliver a required alert. SES to consumers, the EAS requirements BSS.
concludes that if the Commission will apply. This will ensure consistent
decides to apply EAS requirements to application of the EAS requirements 56. Commenters responding to this
the 17/24 GHz BSS, it should ensure irrespective of the different spectrum issue consistently favor the
that they are placed only on being used. We note, however, that Commission’s proposal to permit use of
programming distributors and not on PanAmSat Corporation, SES Americom, the 17.7–17.8 GHz band outside of the
the underlying satellite operators. Inc. and Intelsat, Ltd. (collectively the United States and its possessions.
52. EchoStar and DIRECTV disagree ‘‘FSS Group’’) filed a petition for partial However, many argue that the
with SES Americom and Intelsat. On reconsideration of the EAS First Report Commission’s proposal did not go far
reply, EchoStar and DIRECTV argue that and Order, making arguments enough with regard to domestic service.
all 17/24 GHz BSS licensees, whether essentially identical to those raised in DIRECTV and EchoStar both request
they provide programming or their comments in this proceeding. We that the Commission also allow satellite
underlying capacity, should be subject will address these issues in an Order operators to provide service to U.S.-
to EAS requirements. DIRECTV also dealing with the reconsideration based receiving earth stations on a non-
notes that the Commission has petitions in the EAS proceeding. protected, non-interference basis,
previously determined that satellite 55. Use of BSS Spectrum at 17.7–17.8 arguing that there is very little chance
licensees, such as Intelsat, should be GHz: Although the international that downlink transmissions from a BSS
subject to EAS requirements for other allocation for Region 2 BSS in the space- satellite would interfere with the much
satellite services. Consequently, to-Earth direction extends from 17.3– stronger terrestrial service transmissions
DIRECTV argues, unless the 17.8 GHz, in the 18 GHz Report and in this portion of the band and stating
Commission changes its policy Order, the Commission extended the that spectrum should not be required to
regarding the application of EAS domestic allocation to the BSS only to remain fallow in areas where there is
requirements to other services it should 17.7 GHz. As discussed in the NPRM, little terrestrial use. Intelsat further
not adopt Intelsat and SES Americom’s the Commission based its decision in argues that coordination with Fixed
proposal for the 17/24 GHz service part upon the ubiquitous nature of Service (FS) operators in the 17.7–17.8
alone. broadcasting-satellite services which we GHz band is feasible particularly if FS
53. Bermuda also submitted believed would preclude successful deployment is frozen after a certain date
comments in support of applying EAS coordination with a terrestrial service to permit BSS operators to deploy their
requirements to all 17/24 GHz BSS that was similarly widely deployed, and earth stations with full knowledge of the
licensees that provide DBS-like services. taking into account the amount of locations of FS earth stations.
Bermuda argues that imposing this terrestrial fixed spectrum being lost as a Alternatively, Intelsat suggests that the
requirement not only insures that all result of that proceeding. In the NPRM, Commission could grant BSS and FS co-
satellite operators providing DTH-like or the Commission recognized that U.S. primary status and protect receive earth
DBS-like services will be subject to the satellite operators might wish to use the station sites on a case-by-case basis
same requirements, but also means that 17.7–17.8 GHz band to provide service while permitting FS deployment in the
consumers will receive equal services in to receiving earth stations located band to continue. Finally, SES
the event of an emergency. Bermuda within ITU Region 2, but outside of the Americom states that the Commission
further states that in the broader context United States. Accordingly, the should entertain requests for a waiver of
of EAS, it has concerns regarding Commission proposed to permit U.S. the Commission’s rules to permit use of
extreme weather conditions and operators to use the international the 17.7–17.8 GHz band on a case-by-
recognizes that resilient allocation to the BSS, but to limit use case basis.
57. The Fixed Wireless instances, FSS applicants seeking to use Commission’s rules requires that TT&C
Communications Coalition (FWCC) extended Ku-band spectrum for functions for all U.S. domestic satellites
opposes satellite operators’ requests for domestic service, have obtained waivers be conducted at either or both edges of
authority to provide domestic service in of the Commission’s rules and agreed to the allocated band(s). See 47 CFR
the 17.7–17.8 GHz band. The FWCC accept all interference from FS stations 25.202(g). In the case of the 17.3–17.7
claims that the FS used the band heavily as a condition of authorization. GHz allocation, this rule would permit
even prior to the 1998 18 GHz Report However, in the extended Ku-bands, TT&C operations at frequencies just
and Order and that the number of FS there is an existing primary allocation to above 17.3 GHz or just below 17.7 GHz.
links continues to increase. It argues the FSS in the 10.95–11.2 GHz and The Commission’s rules would not
that such an action on the Commission’s 11.45–11.7 GHz bands, although permit TT&C operations into U.S.-based
part would be both bad policy and footnote NG 104 to the United States earth stations at frequencies just below
contrary to law as the NPRM expressly Table of Frequency Allocations (Table 17.8 GHz. Recognizing that reliance
took such a possibility off the table. The of Allocations) limits FSS use to upon foreign-based TT&C facilities for
FWCC further argues that satellite international systems only. See 47 CFR on-station operations could adversely
operators seek to reopen the issue of 2.106 and NG 104. In the case of the affect the U.S. operator’s ability to
terrestrial service and satellite service 17.7–17.8 GHz band, neither a primary maintain control of its spacecraft, the
sharing that has already been nor a secondary domestic allocation to NPRM sought comment on how best to
thoroughly aired and considered, and the BSS exists in the space-to-Earth accommodate TT&C operations for those
urges the Commission to state that the direction. The Commission will not applicants seeking to use the 17.7–17.8
matter is closed. FiberTower also modify the Table of Allocations to GHz band for international service. The
opposes 17/24 GHz BSS domestic use of provide a secondary allocation to the NPRM asked further whether there was
the 17.7–17.8 GHz band, stating that it BSS in this band for the reasons stated sufficient spectrum available above 17.3
would not be possible to effect above—we do not intend to reexamine GHz to accommodate these operations,
coordination with ongoing FS BSS/FS sharing issues in this particularly in light of the reverse-band
operations in the band and that such a rulemaking. sharing situation, and potential for out-
reallocation would once again disrupt 60. Commenters also support the of-band interference from radar systems
FS operations in order to rechannelize adoption of pfd limits in the 17.7–17.8 operating just below 17.3 GHz.
the 18 GHz band. GHz band to protect terrestrial
62. EchoStar proposes that the
58. In the NPRM, the Commission networks. SES Americom and Intelsat
made clear that it did not intend to agree with the Commission’s proposal to Commission set aside 10 MHz
reexamine the question of BSS and FS apply the pfd limits of Article 21 of the guardbands at the edges of the 17/24
sharing in the 17.7–17.8 GHz band in ITU Radio Regulations for FSS systems GHz bands for on-station TT&C
this rulemaking. We believe that operating in the 17.7–19.7 GHz band to operations. In the 17 GHz band,
undertaking examination of such a BSS downlink transmissions in the EchoStar asks us to define a guardband
technically complex issue would only 17.7–17.8 GHz band. DIRECTV, at the lower band edge near 17.3 GHz,
result in a protracted and contentious although proposing a different but not at frequencies near 17.7 GHz
rulemaking. As stated in the NPRM, this (graduated) set of pfd values for 17/24 because of the planned use by many
could only disserve our goal of GHz BSS downlink transmissions in operators of the entire 17.3–17.8 GHz
establishing technical and service rules general, states that the ITU Article 21 bandwidth. Rather, EchoStar asserts that
for the 17/24 GHz BSS in a timely pfd limits are sufficient to protect the upper guardband is better defined at
manner, particularly recognizing the terrestrial services from interference. 17.790–17.800 GHz. At present,
April 1, 2007 date at which the EchoStar also proposes a graduated set § 25.202(g) of our rules does not set
allocation became effective. Moreover, of pfd values for the entire 17.3–17.8 aside any specific bandwidth for TT&C
the Commission also stated that no GHz band and compares its proposed transmissions. Instead, it requires only
applicant had provided either values to the limits proposed in the that these functions be conducted at the
convincing evidence that terrestrial FS NPRM, noting that at low elevation edges of the allocated band. In the case
spectrum relocation requirements are angles its values are actually 8 dB more of DBS satellites, the ITU Radio
less demanding than predicted, or a stringent than those of Article 21, hence Regulations’ Region 2 BSS and
compelling argument that coordination sufficient to protect terrestrial services feederlink Plans of Appendices 30 and
of widely deployed terrestrial services from interference. Accordingly, as 30A do designate 12 MHz guardbands at
with ubiquitously located 17/24 GHz proposed in the NPRM, we extend the either edge of the allocated band, and
BSS receivers would be readily feasible. FSS pfd limits of Article 21 of the ITU our rules require DBS operations to be
That remains true to date. For these Radio Regulations to 17/24 GHz BSS in in accordance with the technical
reasons, we agree with the FWCC’s the 17.7–17.8 GHz band. Consistent characteristics contained in these
assertion that reopening the issue in this with other pfd requirements in our appendices. However, the planned-band
rulemaking is not appropriate, and we rules, See, e.g., 47 CFR 25.208(a)–(c), the guardbands are set out in the larger
decline to consider requests to make the maximum values will apply to elevation context of a channelization scheme over
17.7–17.8 GHz band available for angles (d) between 25° and 90° above the the entire allocated bandwidth.
domestic BSS operations as a part of horizontal plane. We will restrict pfd Similarly, EchoStar makes its request for
this proceeding. values by a factor of (d ¥5)/2 for designated TT&C guardbands in the
59. EchoStar, DIRECTV and SES elevation angles between 5° and 25° context of its more general request that
Americom all suggest that reception of above the horizontal plane, and to the 24 MHz channelization scheme used
some non-protected BSS transmissions values of 10 dB lower for elevation for DBS satellites be applied to 17/24
at U.S. earth stations might be angles between 0° and 5° above the GHz BSS satellites. The possibility of
accommodated successfully in the 17.7– horizontal plane. channelization schemes are addressed
17.8 GHz band. EchoStar notes that a 61. The NPRM also sought comment in more detail in this Order below,
similar approach has been undertaken on Tracking, Telemetry and Command where the Commission declines to
successfully with FSS DTH antennas in (TT&C) operations in the 17.7–17.8 GHz enforce a particular channelization
the extended Ku-bands. In certain band. Section 25.202(g) of the scheme for the 17/24 GHz BSS.
63. Moreover, we do not believe that the resulting interference would be scheme will permit their planned use of
it is practicable to plan for TT&C averaged across the much wider 45 cm antennas. DIRECTV also argues
operations in the 17.7–17.8 GHz band. bandwidth of the typical BSS signal. In that a separation scheme of four degrees
Our rules require that TT&C operations addition, at four degrees or greater of will facilitate use of hybrid BSS–FSS
take place at the edges of the allocated orbital separation the interfering satellites enabling operators to capture
band. Although we may authorize telemetry signal power should be the inherent efficiencies associated with
operators to provide international significantly reduced. A somewhat these platforms thereby significantly
service in the 17.7–17.8 GHz band, there analogous situation occurs in the reducing the cost of providing services.
is no domestic allocation to the BSS in extended Ku-bands between 11.45–11.7 Intelsat supports a four-degree orbital
the 17.7–17.8 GHz band, and we have GHz and the standard Ku-band between separation scheme, stating that it offers
declined to modify the Table of 11.7–12.2 GHz. Although the adjacent, a good balance between the use of small
Allocations to provide for one. extended Ku-band (11.45–11.7 GHz) diameter antennas and the need to
Accordingly, we do not propose to may be used to provide international achieve good coverage of the United
designate guardbands limited to on- service, and many operators choose to States from a reasonable number of
station TT&C operations for 17⁄24 GHz make use of the entire 11.45–12.2 GHz orbital positions.
BSS systems. For these reasons we will bandwidth, the Commission does not 68. In contrast, EchoStar, in its
make no changes to § 25.202(g). preclude TT&C operations at comments, advocates a 4.5-degree
64. Both EchoStar and Intelsat urge frequencies just above 11.7 GHz. orbital separation scheme centered upon
the Commission not to permit TT&C Accordingly, we will not prohibit TT&C current DBS locations. EchoStar plans to
operations at the band edge just below operations at frequencies just below employ low-cost single-feed, dual-
17.7 GHz, arguing that such 17.7 GHz. frequency (12/17 GHz) 45 cm diameter
transmissions would fall within band 66. Orbital Spacing: The NPRM subscriber antennas, utilizing a system
for those operators seeking to use the sought comment on whether the design predicated upon near co-location
entire 17.3–17.8 GHz band, and as a Commission should adopt an orbital with its DBS satellites. EchoStar argues
result, TT&C transmissions of one spacing policy in the 17/24 GHz BSS, that a spacing scheme based on four
operator could be incompatible with the and if so, what separation would be degrees is not workable due to heavy
communications transmissions of appropriate. We asked specifically how use of many of the integer orbital
another operator. However, this request best to balance our conflicting goals of locations for FSS satellites, and that
is made in conjunction with their making available the maximum GSO non-integer (constant offset) spacing
assertions that the Commission should orbital capacity while simultaneously would be incompatible with Region 2
permit domestic BSS operations in the minimizing interference into small- BSS Plan assignments used by DBS
17.7–17.8 GHz band. Commenters do diameter receiving antennas. Most satellites at many orbital locations.
not offer alternatives in the event that commenters recognize the importance of However, in its Reply Comments,
the Commission declines this request. In adopting a well-considered orbital EchoStar relaxes its position, stating
addition, although commenters believe spacing policy, noting the critical role that what is of primary importance is
TT&C operations should occur at edge that spacing plays in determining near co-location with conventional DBS
of the 17.7–17.8 GHz band segment, required receive antenna diameters, positions, and that the differences
they do not address where to quality of service, efficiency of design between four-degree and 4.5-degree
accommodate the TT&C transmissions and types of services possible to deliver spacing can easily be reconciled.
of future applicants who choose not to that result as a consequence of orbital 69. To this end, EchoStar and SES
provide international service in the separation. Only Bermuda differs in its Americom propose a mutually-agreed
17.7–17.8 GHz band. In addition, the view, advocating that the Commission orbital assignment framework for the
NPRM recognized significant should remove the minimum orbital portion of the geostationary arc between
interference potential from both separation requirement from all 56.9° W.L. and 147.6° W.L. This
adjacent band and secondary in-band services, including DBS services, and proposal seeks to reconcile the differing
government radar systems at frequencies instead should allow operators to business models, system designs and
just above 17.3 GHz. DIRECTV cautions coordinate their services using the accompanying concerns raised by the
that higher frequencies correspond with procedures in the ITU Radio various commenters. The proposed
higher reliability for TT&C operations Regulations. Bermuda does not address orbital locations place new 17/24 GHz
due to their separation from government how operators within the same BSS satellites close enough to selected
radar systems. For these reasons, we administration should reconcile U.S. DBS locations to permit single-feed
believe that operators should be instances of interference arising among earth stations to simultaneously access
afforded sufficient bandwidth, each other, which is a primary objective downlink transmissions from both.
particularly at higher frequencies, to we seek to address by developing Additionally, the proposal seeks to
provide for flexibility and reliability in appropriate requirements within this provide sufficient flexibility to allow
planning their TT&C operations. proceeding. alignment with FSS orbital positions as
65. Moreover, we are not convinced 67. In their comments, DIRECTV, SES well as to permit any adjustments
that TT&C transmissions will present a Americom, and Intelsat all propose necessary to avoid other presumed
significant interference problem to the orbital-separation schemes of four unsuitable satellite positions, including
communications transmissions of degrees, expressing a preference for those designated for non-U.S. DBS
adjacent satellite operators using the alignment with existing Ku- and Ka- satellites. The orbital positions
17.7–17.8 GHz band. The worst band FSS locations, some of which are proposed by EchoStar and SES
interference case likely will occur into currently used to provide DTH–FSS Americom range from 4° to 5.9° in
small-diameter earth station antennas services. DIRECTV maintains that four separation. In contrast, DIRECTV
that receive off-axis telemetry signal degrees of orbital separation will submits a proposal for the portion of the
transmissions from nearby 17/24 GHz support deployment of the 60 cm geostationary arc between 83° W.L. and
BSS satellites. However, TT&C diameter antennas it plans to 123° W.L. that assigns in-orbit satellites
transmissions are relatively narrow- implement. SES Americom and Intelsat at four-degree spacing intervals.
band—typically a few megahertz—and maintain that a four-degree separation DIRECTV argues that this framework
accommodates most commenters’ geostationary satellite orbit resources will be required to make a technical
proposals to co-locate 17/24 GHz BSS and limit opportunities for competitive showing that the proposed satellite will
satellites with FSS satellites. DIRECTV entry. not cause any more interference to any
also submits that its proposed 72. Parties opposing uniform four- 17/24 GHz BSS satellite operating at a
framework would preserve the degree orbital spacing do not provide location specified in Appendix F, and in
flexibility to locate 17/24 GHz BSS adequate justification for their positions. compliance with the rules for this
satellites near certain U.S. DBS First, we find concerns regarding co- service, than if the proposed satellite
locations while avoiding orbital location with DBS to be unpersuasive. were positioned precisely at the
locations that are too close to In the FNPRM below, we note that Appendix F orbital location. In
Appendices 30 and 30A Plan commenters argue that DBS and 17/24 addition, such applicants must also
assignments of other Region 2 GHz BSS satellites should be able to agree to accept any increased
administrations. Intelsat similarly operate as close as 0.2° to 0.4° away interference that may result from
supports assigning satellites at four- from each other. Furthermore, we find adjacent 17/24 GHz BSS space stations
degree spacing. Later, in an ex parte concerns that the orbital assignment that are operating in compliance with
statement, DIRECTV, EchoStar, and plan may need revision in the future to the rules for this service. As with all
Intelsat proposed another spacing be speculative at best. In any case, the applicants, such applicants must also
scheme, in which the proposed orbital potential need for revision at some time make a technical showing
positions ranged from 4° to 6.5° in in the future does not warrant allowing demonstrating that their system design
separation between 81° and 124° W.L. inefficient use of the geostationary orbit accommodates any additional
70. All operators agree that orbital and limiting opportunities for interference from adjacent 17/24 GHz
separations as small as four degrees are competitive entry in the interim. BSS space stations operating at the
feasible and will permit deployment of Finally, we conclude that parties’ maximum allowed pfd levels, and
consumer antennas of a size consistent concerns regarding potential physical otherwise in compliance with the rules
with their system designs and marketing interference between satellites operating for this service, that may result from the
strategies. Even EchoStar, who initially with overlapping station-keeping location offset of their proposed
argued for a 4.5-degree separation volumes are misplaced. 17/24 GHz BSS satellite. Applicants that have reached a
requirement, agrees that four degrees of satellite licensees will be able to offset coordination agreement with an
separation can be implemented if we their satellites in order to address any operator at an Appendix F 17/24 GHz
allow some flexibility and in this undesirable operational constraints BSS orbital location up to 10° away
context supports use of 45 cm antennas. arising from satellite co-location. from the location listed in Appendix F
After studying the technical discussions 73. Consequently, we will adopt the from which their proposed satellite is
presented, we concur that a minimum orbital spacing framework set forth in offset to allow that operator to exceed
orbital separation of four degrees Appendix F of this Order. This orbital the pfd levels specified in the rules for
between 17/24 GHz BSS satellites is spacing scheme is consistent with the this service must use those higher pfd
feasible, and that it best affords all locations of FSS satellites in the Ku- levels for the purposes of this showing.
applicants the flexibility to design and band and Ka-band, as recommended by 75. DIRECTV’s Reference Interference
deploy systems consistent with their DIRECTV and Intelsat. Moreover, we Baseline Not Adopted: In its reply
stated plans. Moreover, we believe that agree with DIRECTV that this comments, DIRECTV advocates a broad
such a minimum spacing requirement framework will accommodate most approach proposing that the
realizes our mutual goals of maximizing commenters’ proposals for the portion Commission define a ‘‘reference
orbital capacity while accommodating of the geostationary arc between 83° interference baseline’’ for the 17/24 GHz
small-diameter receiving antennas. W.L. and 123° W.L. No one has BSS. Under this proposal, we would
Accordingly, we will require that BSS suggested in the record another four- establish routine processing standards
satellite networks operating in the 17/24 degree spacing configuration that for satellite applications. A 17/24 GHz
GHz BSS be capable of operating at four- accommodates other commenters’ BSS satellite applicant would be
degree orbital spacing. proposals better than DIRECTV’s allowed to receive routine processing
71. In discussing orbital spacing proposal. even if it deviates from standard
policy, all commenters stress the need 74. However, we also agree to some parameters set forward in the rules,
for some flexibility relative to extent with the commenters who argue provided it makes offsetting changes to
mandating adherence to a rigid in-orbit for some flexibility in orbital create no additional interference beyond
spacing grid. While we agree that some assignments. In particular, we recognize the reference situation. DIRECTV also
flexibility is beneficial, uniform orbital that it may not be possible to locate a advocates that applicants be able to
spacings maximize use of scarce orbital 17/24 GHz BSS satellite precisely at receive routine processing by obtaining
resources and opportunities for some of the orbital locations specified in consent through coordination to operate
competitive entry. Indeed, uniform two- Appendix F, e.g., because there are outside of the reference situation
degree spacing has been the cornerstone undesirable operational constraints parameters, and that more flexible
of the Commission’s licensing required to coordinate physical requirements would apply outside of
framework for GSO FSS satellites since operations with co-located satellites, or the domestic arc (i.e., at least four
1983, and has served to create a because there is a DBS or other ITU degrees below 83° W.L. or above 123°
competitive and interference-free Region 2 BSS satellite receiving feeder- W.L.). DIRECTV argues that this
operating environment. Therefore, we link signals in the 17.3–17.8 GHz band approach would create opportunities for
will require 17/24 GHz BSS licensees to at or very near that location. Thus, we individual flexibility, eliminate the
place their satellites in orbit so that all will not require that 17/24 GHz BSS burden and delay of unnecessary
17/24 GHz BSS satellites are placed at satellites be located precisely at the coordination while maintaining the
multiples of four degrees away from orbital locations specified in Appendix stability of the overall environment.
each other, as set forth in Appendix F F. However, an applicant seeking an 76. We decline to adopt DIRECTV’s
of this Order. Allowing complete authorization to operate a 17/24 GHz approach of defining a reference
flexibility in orbital spacing would BSS satellite at a location offset from an interference baseline to be used for
result in inefficient use of scarce orbital location specified in Appendix F routine processing of satellite
applications in this proceeding. There is antennas with an effective diameter particularly given the widespread
little information or comment on the greater than 60 cm. Alternatively, SES deployment of such small-diameter
record to develop or to support what Americom argues that limiting receiving antennas in a four-degree
would amount to a rather extensive set interference protection to 17/24 GHz spacing environment. We agree with
of interdependent values. Nor is BSS receiving antennas that are greater DIRECTV that establishing performance
DIRECTV specific in its proposal other than 45 cm would preclude new BSS standards for receiving antennas could
than to say that the baseline should entrants from successfully competing help to create a more stable and
assume four-degree spacing and with established DBS operators for a predictable interference environment.
receiving antennas compliant with ITU customer base. SES Americom asserts Moreover, we note that the majority of
Recommendation BO.1213. that affording interference protection to commenters concur as evidenced by
Accordingly, we find that DIRECTV has receiving antennas as small as those their support for inclusion of the ITU
not adequately supported its proposal. commonly used for DBS today (45 cm) antenna performance standards of Rec.
77. Minimum Antenna Diameter and is critical to ensuring the usefulness of BO.1213–1 in the Commission’s rules.
Performance Standards—45 cm/ITU–R the band for new competition. Accordingly, we adopt a rule that 17/24
Recommendation BO.1213–1 Minimum 79. As a general matter, commenters GHz BSS receiving earth stations 45 cm
Antenna Standards Adopted: The NPRM also favor adoption of reference antenna or greater in diameter may claim
sought comment on what minimum performance characteristics that will protection from interference, but only to
diameter earth stations the Commission ensure sufficient interference protection the extent that they meet the antenna
should seek to accommodate in for subscriber antennas and to establish performance characteristics given in
formulating service rules for the 17/24 a baseline for protection in licensing of ITU–R Recommendation BO.1213–1.
GHz BSS. In addition, the NPRM also 17/24 GHz BSS systems. Although This rule does not apply to 17/24 GHz
asked whether we should afford advocating different minimum antenna BSS telemetry earth stations that are
interference protection to 17/24 GHz diameters, SES Americom, DIRECTV, subject to the antenna performance
BSS systems only to the extent that they and Intelsat all propose that the requirements of § 25.209.
meet certain receive-antenna reference antenna pattern given in ITU– 81. In adopting this rule, we recognize
performance characteristics. The R Recommendation BO.1213–1 be used that we have already bounded the
Commission also noted that it has as an appropriate standard for the downlink interference environment by
typically chosen not to explicitly protection of receiving antennas in the establishing a minimum orbital
regulate receive-only antenna 17/24 GHz BSS. DIRECTV cautions that separation requirement in combination
characteristics, but rather has opted to while protection should be granted only with the downlink pfd limits addressed
regulate other characteristics shaping to the extent that receiving antennas in section III.E. Thus, by specifying a
the interference environment, thereby conform to the ITU–R standard, the minimum antenna diameter and
leaving the choice of antenna Commission should continue its policy reference antenna pattern for
characteristics to the operator. However, of letting operators retain the discretion interference protection, we are
the NPRM recognized that receiving to determine the characteristics of their departing from past practice in our
earth station antenna off-axis equipment. As such, DIRECTV believes treatment of receive-only earth stations
discrimination performance will affect operators should remain free to deploy and adding an additional interference
the interference experienced by BSS non-conforming antennas, but with the mitigation requirement. However, as
subscribers arising from other systems understanding that they must accept discussed above, we concur with
and we asked whether in this instance any resulting increase in interference commenters’ concerns regarding the
we should depart from our established levels. Bermuda, in contrast, argues that need to establish a predictable
policy. In particular, the NPRM the Commission should not regulate 17/ environment, particularly in light of the
requested comment on what types of 24 GHz BSS receiving antenna unique reverse-band frequency
antenna performance regulation, if any, performance characteristics, but rather operations in the 17 GHz band. In
might be appropriate. that they should be determined by the addition we support DIRECTV’s request
78. Most commenters support requirements of the system in which to preserve operator discretion with
accommodating a minimum antenna they are deployed. regard to choice of antenna
diameter of 45 cm and Intelsat proposes 80. Although the Commission has characteristics. We note that this new
that the Commission adopt a specific 45 historically chosen not to regulate the antenna performance standard does not
cm minimum antenna size requirement. antenna performance characteristics of preclude operators from deploying
EchoStar and SES Americom advocate non-transmitting earth stations, we receiving earth stations smaller than 45
less stringent approaches, urging the recognize that the 17/24 GHz BSS cm, or antennas that do not conform to
Commission to adopt rules and policies confronts an operating environment the reference patterns in the ITU–R
that would facilitate the deployment of different from the one in which most Recommendation. However, the
receiving antennas as small as 45 cm or other GSO satellite services, must operator must accept the additional
afford interference protection only to operate. In particular, the reverse-band levels of interference that results from
receiving antennas no smaller than 45 sharing situation that exists between its use of the non-conforming antenna.
cm. DIRECTV expressed the view that BSS receiving antennas and transmitting 82. Technical Requirements for Intra-
60 cm is the minimum antenna diameter DBS feeder link earth stations in the 17 Service Operations—Uplink Power
that the Commission should GHz band creates significant potential Levels. Standards For Routine/Non-
accommodate when considering an for interference from sources other than Routine Licensing of Feeder Link
orbital spacing policy. DIRECTV notes neighboring co-frequency space stations. Antennas Adopted: In the NPRM, the
that 60 cm dishes have become more Such an interference environment may Commission stated that successful
prevalent in recent years and have long not be as satisfactorily managed by the implementation of any orbital spacing
been the consumer standard in Europe Commission’s more traditional scheme in the 17/24 GHz BSS will
and elsewhere. DIRECTV states further approach to regulating the downlink likely require adoption of uplink power
that BSS operators needing to combine interference environment by density and antenna off-axis
capacity from multiple orbital locations establishing an orbital separation performance standards similar to those
will likely require multi-feed receive scheme and accompanying pfd limits, established for the FSS. However, we
also recognized that space stations in separation scheme at that time, the the case of the 17/24 GHz BSS, these
the 17/24 GHz BSS are likely to operate resulting contribution to adjacent values should be scaled to a 1 MHz
at orbital separations greater than those satellite interference would be difficult reference bandwidth rather than the 40
existing in the FSS, and that feeder to determine. We also asked what form kHz resolution specified in our current
uplink earth stations typically operate any uplink off-axis power density rule. In addition, commenters suggest
with larger diameter antennas that requirement should take, and whether it expressing the requirement as a limit on
exhibit good off-axis rejection would be most appropriate to specify the off-axis EIRP density (rather than as
properties. Both of these factors will separate off-axis antenna performance separate off-axis antenna requirements
tend to mitigate the problem of off-axis standards and uplink power density and uplink power density limits) such
interference into neighboring space requirements, or a single composite off- that the operators must meet this EIRP
stations. Consequently, we sought axis EIRP density curve. density value regardless of on-axis
comment on the need to establish 84. Commenters in general absolute EIRP or actual antenna
uplink off-axis power limits for this acknowledge the need to apply uplink performance.
service. Additionally, the Commission’s off-axis uplink EIRP limits to 17/24 GHz
BSS feeder link stations, recognizing 86. Although the off-axis EIRP density
rules currently provide for routine
that such limits would help to address limits favored by commenters are
licensing of FSS earth stations when
off-axis interference concerns as well as approximately 3 dB greater than those
specific antenna performance standards
facilitate coordination with other tentatively proposed by the
and uplink power levels are met. The
services. Intelsat initially stated that Commission, we agree with the
NPRM sought comment on whether
such requirements were unnecessary, commenters that the higher level has
analogous criteria might be developed to
expedite licensing of 17/24 GHz BSS but, in its reply comments, provides off- proven effective in the Ka-band FSS
feeder link stations, and if so, what axis EIRP density limits that it believes two-degree spacing environment and
criteria might be appropriate. would be adequate. will effectively mitigate adjacent
83. Because, by definition, feeder 85. Commenters addressing this issue satellite interference in the 17/24 GHz
links operate in the FSS, the NPRM support applying the Ka-band FSS BSS four-degree spacing environment.
stated that the antenna performance uplink off-axis power density Accordingly, for routine processing of
standards of § 25.209, See 47 CFR requirements contained in feeder link antennas transmitting to
25.209, could be applied to 17/24 GHz § 25.138(a)(1)—(4), See 47 CFR GSO satellites in the 24.75–25.25 GHz
BSS feeder link earth stations. The 25.138(a)(1)–(4), of our rules to feeder band, we adopt the off-axis antenna
Commission proposed to apply these link earth stations in the 17/24 GHz performance requirements of § 25.138(a)
off-axis performance standards in BSS. Commenters assert that this rule scaled to a 1 MHz reference bandwidth
combination with the highest uplink has been effective in the Ka-band, sets as follows:
Equivalent Isotropically Radiated Power limits that are consistent with levels (1) 17/24 GHz BSS earth station antenna
(EIRP) density proposed by an proposed in applications already before off-axis EIRP spectral density for co-polarized
applicant, i.e., 5.6 dBW/Hz. We sought the Commission, and will successfully signals shall not exceed the following values,
comment on this proposal, recognizing address adjacent satellite interference within ±3° of the GSO arc, under clear sky
that absent a clearly defined orbital concerns. Commenters also agree that in conditions:
32.5–25log(q) .................................................... dBW/MHz ........................................................ for 2° ≤ q ≤ 7°

11.4 ................................................................... dBW/MHz ........................................................ for 7° ≤ q ≤ 9.2°
35.5–25log(q) .................................................... dBW/MHz ........................................................ for 9.2° ≤ q ≤ 48°
3.5 ..................................................................... dBW/MHz ........................................................ for 48° ≤ q ≤ 180°
Where q is the angle in degrees from the (2) 17/24 GHz BSS earth station antenna for all directions other than within ±3° of the
axis of the main lobe. off-axis EIRP spectral density for co-polarized GSO arc, under clear sky conditions:
signals shall not exceed the following values,
35.5–25log(q) .................................................... dBW/MHz ........................................................ for 2° ≤ q ≤ 7°

14.4 ................................................................... dBW/MHz ........................................................ for 7° ≤ q ≤ 9.2°
38.5–25log(q) .................................................... dBW/MHz ........................................................ for 9.2° ≤ q ≤ 48°
6.5 ..................................................................... dBW/MHz ........................................................ for 48° ≤ q ≤ 180°
Where q is the angle in degrees from the total angular range over which this occurs polarized signals shall not exceed the
axis of the main lobe. does not exceed 20° when measured along following values, in all directions other
(3) The values given in paragraphs (a)(1) both sides of the GSO arc. relative to the GSO arc, under clear sky
and (2) of this section may be exceeded by (4) 17/24 GHz BSS earth station antenna conditions:
3 dB, for values of q > 10°, provided that the off-axis EIRP spectral density for cross-
22.5–25log(q) .................................................... dBW/MHz ........................................................ for 2° ≤ q ≤ 7°

1.4 ..................................................................... dBW/MHz ........................................................ for 7° ≤ q ≤ 9.2°
Where q is the angle in degrees from the transmitting co-frequency earth stations number of co-frequency earth stations
axis of the main lobe. in the receive beam of the satellite. may be transmitting simultaneously in
87. The off-axis EIRP density curves Commenters do not include this term in cases where contention protocols or
given in § 25.138(a)(1)–(4) of our rules, their proposed formulae and we have CDMA may be used. We do not
See 47 CFR 25.138(a)(1)–(4), include the chosen not to include it in our rules. anticipate multiple simultaneous co-
term N, which is defined as the likely Section 25.138 addresses blanket frequency transmissions from 17/24
maximum number of simultaneously licensing of FSS earth stations where a GHz BSS feeder link earth stations, and
as a consequence, these access schemes spacing environment corresponds to the agreement not be reached. In addition,
likely will not be relevant. Commenters two nearest possible neighboring co- non-conforming applicants will be
do not explicitly address EIRP density frequency space stations, is sufficient. required to submit link budget analyses
envelopes for directions other than 90. Commenters differ somewhat on of the operations proposed along with a
within 3 degrees of the GSO arc. Neither the precise angular separation over detailed written explanation of how
do they specifically address envelopes which operators should be required to they have derived each uplink and each
for cross-polarized signals or allowable coordinate their non-conforming transmitted satellite carrier density
exceedences, as contained in other parts operations. DIRECTV and SES figure. Applicants will also be required
of § 25.138. Rather, they make more Americom, both of whom favor a four- to submit a narrative summary that must
general references to a rule modeled on degree orbital spacing scheme, propose indicate whether there are margin
the framework of § 25.138. We include coordination arcs of ±8 degrees and ±9 shortfalls in any other licensee’s current
these requirements here on the strength degrees, respectively. EchoStar proposes baseline services as a result of the
of those comments, and also because a slightly more complex coordination addition the applicant’s higher power
they are consistent with the arc requirement whereby operators service, and if so, how the applicant
Commission’s approach to off-axis EIRP would be required to obtain the intends to resolve those margin
density limits in general. agreement only of the immediate shortfalls.
88. The NPRM also recognized that in neighboring satellites (spaced at 92. The NPRM also sought comment
some instances applicants might seek to approximately four degrees away) for on the need for uplink adaptive power
operate at higher EIRP density levels exceedences up to 3 dB, with the control, particularly in presence of rain
than those permitted under the above additional agreement of the second fade, noting that § 25.204(g) of our rules,
requirement. Our current rules provide adjacent operator for exceedences up to See 47 CFR 25.204(g), requires all Ka-
a mechanism for licensing such non- 6 dB; no exceedence greater than 6 dB band FSS earth stations to employ
conforming systems operating in the would be permitted. We find that adaptive power control or other
FSS by placing the burden on the EchoStar’s proposal affords significant methods of rain fade compensation.
applicant to provide a technical interference protection to adjacent co- Commenters recognize the need for
showing to the Commission, and to frequency satellites, while reducing the uplink power control in the event of
coordinate its non-conforming coordination burden on both the rain fade and cite the specification
operations with adjacent operators. We conforming and non-conforming parties. already contained in our rules, See, e.g.,
proposed a similar approach to However, we also recognize that space 47 CFR 25.138(a)(5), as appropriate for
licensing non-conforming systems in the stations may not always be located the 17/24 GHz BSS. We realize that
17/24 GHz BSS and sought comment on along a perfectly spaced four-degree systems operating in the 24 GHz band
whether our proposal was appropriate grid, but sometimes may be offset from can suffer significant signal attenuation
to adopt. We also asked over what the orbital locations specified in in the event of precipitation and concur
angular distance coordination should be Appendix F. To accommodate such that some provision for adaptive uplink
required, recognizing that the orbital instances, we will extend the angular power control is necessary.
spacing in the 17/24 GHz service could coordination distance proposed by Accordingly, we amend our rules to
very likely be greater than the two- EchoStar by two degrees. require 17/24 GHz BSS earth stations to
degree separation typical of the FSS. 91. Accordingly, we will adopt a employ adaptive uplink power control
89. Commenters consistently favor requirement that each applicant for an or other methods of fade compensation.
allowing a mechanism by which earth station license that proposes off- We also adopt a requirement for the 17/
operators could be licensed for non- axis EIRP density levels in excess of 24 GHz BSS analogous to the Ka-band
conforming systems seeking to operate those defined above shall certify that all FSS requirement of § 25.138(a)(5), 47
at higher off-axis power levels than potentially affected parties acknowledge CFR 25.138(a)(5). This rules provides
those permitted for routine licensing. and do not object to the use of the that (1) The required clear-sky uplink
All commenters favor the general applicant’s higher power densities. For off-axis power limits may be exceeded
approach employed for FSS systems proposed power levels less than 3 dB in by up to 20 dB in the presence of uplink
whereby applicants for non-conforming excess of the limits defined above, the fading due to precipitation; (2) that the
earth stations must submit the necessary affected parties shall be those co- amount of this increase relative to the
technical showing to the Commission frequency operators authorized to excess attenuation over the clear sky
and coordinate their non-conforming provide service to the U.S. at up to ±6 propagation conditions shall not exceed
operations with adjacent space station degrees away; for excesses of greater 1.5 dB or 15% of the actual amount,
operators. At present, our rules require than 3 dB and up to 6 dB, affected whichever is greater; and (3) that this
non-compliant FSS operators to parties shall be all those co-frequency should occur with a confidence level of
coordinate with potentially affected U.S. licensed operators at up to ±10 90% except for transient periods of no
neighboring operations over an angular degrees away. We will not permit more than 0.5% during which the
arc of six degrees, corresponding to up exceedences greater than 6 dB above the excess shall be no more than 4.0 dB.
to three adjacent positions on each side. limits defined above. Although we take 93. Some commenters also object to
At an orbital separation of six degrees, a slightly more flexible approach with requiring applicants to provide
off-axis power levels are decreased by regard to coordination of downlink pfd measured radiation patterns as specified
nearly 12 dB relative to those at the excedeences, we believe that the sharing in § 25.138(d), 47 CFR 25.138(d), of our
nearest neighbor at two degrees, and at situation with 24 GHz fixed service rules as a means of demonstrating
a separation of eight degrees, power systems requires a somewhat more compliance with off-axis EIRP limits.
levels relative to the two-degree conservative approach. In addition, we Intelsat argues that the requirement to
neighbor are decreased by more than 13 require non-compliant operators to provide measured radiation patterns for
dB. These values are true for an antenna coordinate with any future applicants or antennas not yet built is often not
that complies with FSS antenna gain licenses over these same orbital practical and unduly burdens the
envelope rules of 29–25*log10(q). separation distances. We also require a applicant. Intelsat asserts that, instead,
Accordingly, we believe that an angular non-compliant licensee to reduce its the Commission’s evaluation process for
arc of ±8 degrees, which in a four-degree power levels should a coordination earth stations in the 17/24 GHz service
should follow the approach for earth operations. Accordingly, we do not Paragraph (d) specifies the on-site
stations on vessels (ESVs) contained in restrict 17/24 GHz BSS earth station verification measurements that must be
§ 25.221, 47 CFR 25.221. That approach applicants to the approach of performed for each new or modified
requires the applicant to submit a series § 25.138(d). However, we will retain the transmitting antenna over three meters
of charts or tables calculated for a option to allow non-compliant in diameter. Thus, for large-diameter 17/
production earth station antenna, based applicants to submit measured data. 24 GHz BSS feeder link antennas,
on measurements taken on a calibrated 95. We will require applicants for applicants must submit on-site
antenna range. DIRECTV agrees that it is feeder link earth station licenses verification measurements to the
impractical to submit measured data, operating in the 24.75–25.25 GHz band Commission as part of the notification
and argues further that because these to provide the particulars of operation of completion of the construction
very large feeder link antennas are identified on Form 312 and associated process as required in § 25.133, 47 CFR
typically assembled on site, it is simply Schedule B, which may include an 25.133.
not necessary to test these antennas on affirmative response that the earth 97. Downlink Power Limits.
a range. Instead, DIRECTV proposes that station antenna conforms to the gain Geographical Downlink PFD Limits
17/24 GHz BSS feeder link antennas be pattern criteria of § 25.209(a) and (b) Adopted: The downlink power levels
tested as they are built, using in-orbit and that combined with the input power transmitted by adjacent co-frequency
satellite resources, with the earth station density entered in schedule B, satellites, when combined with the off-
operator responsible for certifying after demonstrates that the off-axis EIRP axis performance characteristics of the
licensing that the tests were spectral density envelope set forth receiving antenna will determine the
satisfactorily performed, as part of its above will be met. Alternately, an carrier-to-interference (C/I) value
notification to the Commission that applicant that does not meet the resulting from adjacent satellite
construction has been completed. antenna performance requirements of interference. The NPRM sought
DIRECTV’s proposed approach is based § 25.209(a) and (b) may demonstrate that comment on whether we should adopt
on a proposal submitted by the Satellite it meets the required off-axis EIRP pfd or other downlink power limits in
Industry Association in the Biennial spectral density requirements by the 17.3–17.7 GHz band to ensure that
Review docket, and are founded in part providing: (i) A copy of the receiving antennas are not subject to
upon existing rules for large C- and Ku- manufacturer’s range test plots of the unforeseen levels of adjacent satellite
band earth stations. antenna gain patterns as specified in interference, particularly as newer-
§ 25.132(b)(3) as revised in this Order; generation, higher-powered satellites are
94. At present, our rules extend and (ii) a series of EIRP density charts brought into use. The NPRM asked, in
different earth station licensing or tables similar to the current particular, whether the ITU Radio
requirements to different satellite requirements for ESVs as set forth in Regulations’ pfd limit applicable to FSS
services. Typically, C- and Ku-band § 25.222(b)(1), 47 CFR 25.222(b)(1). systems in the 17.7–19.7 GHz band
GSO FSS applicants are required to Finally, an applicant that meets the would be appropriate for BSS
meet the antenna performance antenna performance requirements of transmissions in the 17.3–17.7 GHz
requirements of § 25.209, 47 CFR § 25.209(a) and (b), but does not provide band.
25.109, and may not exceed specified an input power density value in 98. Commenters favor adopting pfd
uplink power density levels and schedule B that will satisfy the off-axis limits in the 17.3–17.7 GHz band to
minimum antenna diameters. Those C- EIRP spectral density envelope set forth protect against unforeseen levels of
and Ku-band applicants who do not above, may also demonstrate its adjacent satellite interference and to
meet these requirements may still be compliance by providing a series of obviate the need for time-consuming
licensed via the rules outlined in EIRP density charts or tables. coordination among co-frequency
§ 25.220, 47 CFR 25.220. In contrast, Ka- Applicants seeking to operate with off- networks. Intelsat favors adopting the
band earth station applicants must meet axis power density values in excess of ITU FSS pfd limits and maintains that
the off-axis EIRP density requirements the specified envelope are subject to the these limits would satisfy the
of § 25.138(a)(1)–(4), 47 CFR coordination process discussed above. operational requirements in the band,
25.138(a)(4) and demonstrate such by 96. In addition, § 25.132 of our rules provided that they are no more
providing the antenna radiation pattern sets forth the process for verification of restrictive than the FSS pfd limits of
measurements specified in § 25.138(d), earth station performance requirements. Article 21 of the ITU Radio Regulations.
47 CFR 25.138(d). The earth station This rule is applicable to earth stations All other commenters advocate adopting
licensing requirement to submit with its operating in the 24 GHz uplink band. a system of graduated pfd limits. Under
application a series of measured test Paragraph (a)(1) of this rule requires this approach, pfd limits would vary
values over a range of frequencies is applicants to submit manufacturer over different geographic regions of the
applied to any FSS earth station other certification of measurements United States, primarily to allow for the
than ESVs not meeting the antenna demonstrating that the antenna is resulting signal attenuation arising from
performance requirements of § 25.209, compliant with the requirements of the variation in rainfall in different
as well as to all earth stations operating § 25.209, and stipulates that the regions of the country. In formulating
in the 20/30 GHz service. We find that applicant be prepared to demonstrate this approach, commenters considered
it will be generally unnecessary to these measurements to the Commission the planned deployment of both wide-
constrain feeder link earth stations upon request. For non-compliant area beams, and more localized, high-
applicants in the 24 GHz band in this antennas, as discussed above, the power spot beams by 17/24 GHz BSS
manner, particularly since such large- requirements of § 25.132(b)(3), as operators. Due to the expected higher
diameter earth stations generally revised in Appendix B of this Order, antenna gain for spot beams, in a given
comply easily with existing antenna will apply. Finally, Paragraphs (c) and geographic area, EIRP imbalances of 10
performance requirements. Moreover, (d) of this section recognize that while dB or more may be anticipated between
we agree with commenters that such a testing is typically performed at the adjacent satellite transmissions.
requirement could be both impractical manufacturer’s facility, very large earth Potentially, the resulting interference
and burdensome for very large diameter stations that are assembled on-site may could significantly affect quality of
antennas typically used for feeder link require on-site measurements. service to those consumers receiving
lower-power, wide-area beam signals. cannot match the higher power levels of higher levels subject to coordination, as
The various proposals’ utilization of ¥113 dBW/m2/MHz proposed by discussed below.
graduated pfd levels in differing regions EchoStar and SES Americom, and 102. In most cases, commenters
seeks to balance the competing goals of should the Commission adopt pfd propose pfd limits for the entire 17.3–
permitting sufficient flexibility to spot values this high, the result would only 17.8 GHz band and do not separate the
beam operations while simultaneously be to codify the power disparity question of pfd limits in the 17.7–17.8
protecting wide-area beams from between wide-area and spot beams. GHz band from the issue of pfd limits
unacceptable interference levels. This Later, in an ex parte statement, for BSS downlink transmissions in the
approach also considers the need to DIRECTV, EchoStar, and Intelsat 17.3–17.7 GHz band. In adopting the
allow higher-power downlink proposed a jointly-agreed scheme, graduated pfd scheme discussed above,
transmissions in regions of the country which proposed geographic regions and the Commission seeks to facilitate intra-
where they are most needed in order to pfd levels in a four-degree spacing service operations by establishing a
overcome rain fade effects. As a result, environment consistent with the values relatively homogeneous transmitting
all proposals to adopt graduated power environment that will accommodate
proposed in DIRECTV’s original
levels for downlink transmissions in the both wide-area and spot beam
proposal as discussed above. This new
17/24 GHz BSS recognize the need for operations. Because U.S. domestic
scheme also proposes a formula by
the highest power limits in the service is not allocated in the 17.7–17.8
which pfd levels could be allowed to GHz band, we do not believe these intra-
Southeastern region of the United
vary as a function of orbital separation. service sharing challenges will be
States, with lower levels in the
Northeast and the lowest levels in the 101. We agree that there is merit in present to the same extent. In contrast,
West. considering graduated pfd limits in pfd limits in the 17.7–17.8 GHz band are
99. Although the various proposals to differing regions of the country. We intended to facilitate inter-service
adopt graduated pfd limits are similar in recognize the need to employ both sharing by protecting terrestrial service
their general approach, they differ in wide-area and spot beams in the 17/24 receivers from satellite transmissions
certain respects. EchoStar’s proposal GHz BSS and appreciate the inherent serving other Region 2 countries, but
advocates four geographic regions with difficulties encountered in attempting to that may illuminate portions of the
the highest pfd level in the Southeast of balance the requirements of both United States. We believe that the pfd
¥113 dBW/m2/MHz; ¥114.5 dBW/m2/ applications. While we wish to protect limits that are adopted in section III.C.
MHz in the Northeast; ¥116 dBW/m2/ the more vulnerable wide-area beam of this Order, that vary as a function of
MHz in the Upper Midwest; and ¥118 receivers from adjacent satellite elevation angle, will best accomplish
dBW/m2/MHz in the West. The downlink interference, we also want to that goal. Accordingly, we clarify here
westernmost region is defined by the permit licensees the flexibility to that the graduated pfd limits adopted
103° West Longitude line; the northern achieve the power and spectral above will apply only to the 17.3–17.7
regions are above the 40° North Latitude efficiencies attainable with spot beam GHz band, and that the elevation-angle-
line; and the 85° West Longitude line transmissions, particularly when based pfd limits adopted in section III.C.
divides the Northeast Region from the broadcasting local programming to will apply in the 17.7–17.8 GHz BSS
Upper Midwest Region. For areas restricted geographic areas. We concur GHz band.
outside of the Contiguous United States with DIRECTV, EchoStar and SES 103. Commenters also advocate
(CONUS) including Alaska, Hawaii and Americom that the use of regional pfd applying the pfd levels in the 17.3–17.7
Puerto Rico, the pfd limit would be GHz band in a manner similar to the Ka-
values best balances these competing
¥113 dBW/m2/MHz. EchoStar notes band FSS requirement in § 25.138(a)(6),
goals. Although it presents a somewhat
that its proposal does not differ See 47 CFR 25.138(a)(6). Under this
more complex regulatory mechanism
significantly from that of DIRECTV, approach an applicant seeking to
than does a uniform pfd limit, this
discussed further below, and maintains operate outside the required pfd levels
approach has been applied to other
that the somewhat lower power limits must submit a technical showing to the
services, notably MVDDS. Thus, after Commission that includes detailed link
proposed by DIRECTV result from its
carefully considering the various budgets and a narrative summary
plan to offer service using 60 cm
regional pfd schemes, and recognizing indicating whether there are margin
diameter antennas contrasted with the
the agreement among many of the shortfalls resulting from the applicant’s
45 cm antennas planned by EchoStar,
SES Americom and Intelsat. commenting parties with regard to the higher powers, and if so, an explanation
Accordingly, EchoStar urges the regional boundaries and pfd levels, we of how these shortfalls will be
Commission to accommodate the believe that the proposal originally put addressed. In addition, a non-
requirements of all operators and to forward by DIRECTV most successfully conforming applicant must certify that
permit pfd levels on the higher side. balances our goals of accommodating its operations have been coordinated
SES Americom supports EchoStar’s both beam technologies while best with all affected parties. EchoStar
proposal. meeting the needs of all operators. proposes that for non-conforming 17/24
100. DIRECTV proposes adopting Accordingly, we adopt the three-region GHz BSS operations, the angular
three geographic regions, with the graduated pfd plan presented by separation over which coordination is
highest power level in the Southeast of DIRECTV. We note that a key difference required should be linked to the
–115 dBW/m2/MHz; –118 dBW/m2/MHz between DIRECTV’s proposal and the magnitude of the power excess.
in the Northeast; and ¥121 dBW/m2/ approach contained in the Joint Ex Parte Specifically, EchoStar proposes that
MHz in the West. In DIRECTV’s Statement, is the proposed use of given the wider orbital spacing in the
proposal the far western region is formulae to determine the variation in 17/24 GHz BSS as compared to the Ka-
defined by the 100° West Longitude line pfd levels that would be permitted as a band FSS, the agreement of the
and the Northeast and Southeast function of orbital separation. We immediately adjacent operators should
Regions are divided by the 38° North decline to adopt this approach. Rather, be sufficient for excesses of no greater
Latitude line. DIRECTV argues that its we will adopt pfd levels consistent with than 3 dB, and that coordination with
somewhat lower pfd levels are more a four-degree spacing environment, but the second adjacent neighboring
appropriate because CONUS beams will permit licensees to operate at satellite should also be required for
excesses between 3 dB and 6 dB. Commission should take a flexible adopt such a requirement at this time.
EchoStar also proposes prohibiting approach toward TT&C requirements, Rather, we recognize that the question
power levels greater than 6 dB. particularly recognizing the absence of of interference into 17/24 GHz BSS
DIRECTV and SES Americom support the ground network necessary for telemetry receivers from DBS feeder link
EchoStar’s proposal, although DIRECTV support during critical launch and early transmissions is not separate from the
argues that power exceedences of operation phases. DIRECTV also points larger issue of reverse-band, ground
greater than 6 dB should be permitted out that because the 17/24 GHz bands path interference into 17/24 GHz BSS
if a coordination agreement can be are not allocated for use by BSS receiving antennas in general. For this
reached, however unlikely that may be. satellites outside of Region 2, it is reason, we will not adopt specific rules
104. The Commission has always unlikely that such facilities will be concerning the question of DBS ground
sought to afford satellite operators the deployed in other parts of the world. path interference into 17/24 GHz BSS
maximum flexibility to design and Commenters generally encourage the telemetry stations in this Order, but will
operate their systems while Commission to consider requests to use address this issue in the further notice,
simultaneously protecting other alternate TT&C frequencies on the within the larger context of ground path
licensees from unacceptable levels of merits of each individual application, interference in the presence of reverse-
interference. Thus, we concur with but maintain that applicants should band operations. We believe that this
commenter’s proposals to provide a demonstrate their need for such non- approach will better permit us to
mechanism for licensing and standard uses and must coordinate their develop the record more fully, treat the
coordinating systems operating with operations. Accordingly, we make no issue within its larger context, and
non-compliant pfd levels. We also agree changes to our existing rules, but will ultimately adopt the most appropriate
that there are advantages in linking the consider the merits and needs for 17/24 requirements.
angular separation over which GHz BSS systems to use alternate TT&C 109. Polarization and Full Frequency
coordination is required to the degree of frequencies on a case-by-case waiver Re-Use Requirements. Full Frequency
the power excess, as this approach may basis. Applicants seeking alternative Re-Use Required: The NPRM sought
avoid placing an unnecessary TT&C frequencies should include a comment on requirements relating to
coordination requirement on the parties. request for waiver in their applications. antenna polarization and full frequency
Accordingly, we adopt a requirement for 107. The NPRM also sought comment
re-use. Most commenters agreed that the
non-compliant systems in the 17/24 on the problem of reverse-band
Commission should mandate full-
GHz BSS similar to the Ka-band interference between receiving 17 GHz
requirement of § 25.138(b). However, to telemetry stations and DBS feeder frequency re-use for 17/24 GHz BSS
account for the different orbital spacing uplink transmissions, and in particular systems, but that it should maintain
rules that we adopt for the 17/24 GHz on the ramifications to TT&C operations flexibility with regard to channelization
BSS environment, as well as the when such operations are co-located or and polarization, and therefore should
possibility of offset from the locations located in close proximity to one not adopt any specific channelization or
specified in Appendix F, we will another. DIRECTV states that with polarization requirements. DIRECTV
require applicants to coordinate with careful planning it is possible to argues, however, that all transmissions
adjacent satellites within an angular coordinate the operations of the two from a given orbital location should be
separation of ±6 degrees for exceedences services, even to the point that the earth of the same type, and SES Americom
of up to 3 dB, and to coordinate with stations may be co-located. Thus, urges the Commission not to divide the
adjacent operators within an angular DIRECTV requests that the Commission spectrum at a given orbital location
separation of ±10 degrees for not limit operator flexibility by among multiple entrants as was done for
exceedences of more than 3 dB. In precluding such co-location, or by the DBS service. Only EchoStar
addition, consistent with the Ka-band requiring a minimum separation proposes a standardized polarization
FSS requirement of § 25.138(c), we distance. Rather, DIRECTV supports the and channelization scheme in which the
require non-compliant operators to Commission’s proposal to require that co-frequency polarization senses are
coordinate with any future applicants or applicants submit a technical showing alternated among adjacent satellites
licensees over these same orbital demonstrating its ability to maintain across the geostationary arc. EchoStar
separation distances. We also require a sufficient telemetry link margin in the asserts that such a scheme would yield
non-compliant licensee to reduce its presence of the interfering DBS signal. about 1 dB of reduction in adjacent-
power levels should a coordination Bermuda also supports this proposal, satellite interference through judicious
agreement not be reached. stating that the applicant could placement of the guardbands of an
105. Other Technical Requirements: demonstrate compliance through a interfering satellite within the
The NPRM sought comment on several technical showing and urges the transponder bandwidth of the victim
additional technical matters, including Commission not to preclude the satellite. DIRECTV notes that applicants
issues relating to Tracking Telemetry possibility of co-locating DBS feeder have all proposed to implement
and Control (TT&C) frequencies, full link earth stations with 17/24 GHz BSS different channelization schemes, and
frequency re-use, polarization telemetry stations. EchoStar also argues argues that the cost to re-engineer their
requirements, cross-polarization that interference can be avoided by business plans cannot justify the modest
isolation requirements, and careful frequency planning. 1 dB of interference reduction. We
channelization requirements. 108. At this time, we will not modify concur with DIRECTV that the potential
106. Tracking, Telemetry and our rules to preclude co-location of DBS for 1 dB of interference reduction does
Command (TT&C) Frequencies. No and 17/24 GHz BSS TT&C facilities, nor not compensate for the accompanying
Additional Rules Adopted: With regard will we require a minimum separation loss of flexibility in system design that
to TT&C frequencies, the NPRM distance between TT&C facilities for the the Commission has historically sought
recognized the present lack of 17/24 two services. Although there was to afford satellite operators.
GHz ground facilities to support launch, support for our proposal to require a Accordingly, we will not mandate a
transfer and testing operations, and technical showing on the part of polarization or channelization scheme
sought comment on how best to address applicants seeking to operate co-located for 17/24 GHz BSS systems. We will,
the issue. Commenters suggest that the earth stations, we are not prepared to however, mandate full frequency re-use,
through either the use of orthogonal polarization requirement serves to limit requirement of § 25.210(i) for FSS
polarizations within the same beam the level of self-interference, thus applicants, allowing these systems to
and/or through the use of spatially assuring that operators do not allocate operate with isolation levels less that 30
independent beams. an inordinate proportion of the dB. Consequently, we adopt the 25 dB
110. Cross-Polarization Isolation interference budget to themselves. In antenna cross-polarization isolation
Requirements. 25 dB Space Station this context, it is worth noting that the requirement proposed by SES
Cross-Polarization Isolation cross polarization performance of the Americom.
Requirements Adopted: Commenters satellite receive antenna has negligible 114. Spectrum Allocation Issue.
generally support some relaxation of the effect on the interference into other Footnote NG176 Unchanged: The NPRM
current FSS requirement for 30 dB systems. also proposed to modify footnote NG167
cross-polarization isolation contained in 112. Moreover, in a four-degree of the Domestic Table of Frequency
§ 25.210(i) of the Commission’s rules, 47 spacing environment, the cross- Allocations, See 47 CFR 2.106, in order
CFR 25.210(i). All commenters believe polarization performance of the to permit use of the 24.75–25.25 GHz
that this rule is too restrictive and downlink satellite antenna has only a FSS allocation (Earth-to-space) by feeder
should be relaxed for 17/24 GHz BSS second-order effect on the interference links operating with the BSS in
systems, although they differ in the into the neighboring system. The impact frequency bands other than 17 GHz, e.g.,
degree of relaxation that should be of the satellite downlink antenna’s cross the 12 GHz DBS band. Only Intelsat
provided. SES Americom proposes a polarization transmission is to raise supports this proposal asserting that this
reduction of the cross-polarization slightly the interference level into the increase in flexibility of spectrum use
isolation requirement from 30 dB to 25 downlink of the victim satellite’s would help alleviate groundpath
dB, stating that this value will wanted polarization. Thus, the earth interference problems associated with
adequately protect adjacent operators station receiving the signal from the reverse-band operations. EchoStar
and that licensees will be able to neighboring victim satellite receives a disagrees strongly with the proposal,
manage any accompanying intra-system co-polar interfering signal at a level arguing that it would preclude co-
interference (i.e., ‘‘self-interference’’). defined by its own antenna co-polar location of 17/24 GHz BSS and DBS
DIRECTV also proposes a less strict sidelobe performance. In addition, in satellites, and would also be
value of 27 dB, arguing that this value the same polarization, it also receives a inconsistent with its planned uses of
is more than sufficient to avoid excess much lower interfering signal whose both multiple spot-beam technology,
levels of intra-system interference, level is defined by the interfering and the 17.7–17.8 GHz band. Finally,
particularly in light of recent advances satellite’s downlink cross-polarization DIRECTV responds that, although the
in digital transmission technology that performance. If the satellite antenna flexibility to use this alternative uplink
reduce system sensitivity to cross- meets the 30 dB FSS requirement of spectrum could be useful in avoiding
polarization interference. EchoStar § 25.210(i) and if it transmits at the same ground-path interference problems
argues that the Commission’s existing level in both polarizations, this cross- associated with reverse-band operations
FSS requirement is too stringent and polarization contribution will increase in the DBS uplink band (17.3–17.8
notes that most antennas fail to meet the co-polar interference level into the GHz), users of this band already face the
this level in only a small part of their adjacent satellite’s downlink signal by challenges of sharing spectrum with co-
service area, usually by no more than a one part per thousand. This increase primary commercial and government
few dB. Accordingly, EchoStar initially corresponds to a decrease in carrier-to- systems. DIRECTV also states that 17/24
proposes a multipart scheme wherein interference ratio (C/I) of 0.004 dB. For GHz BSS operators will likely require
operators would be required to meet the 17/24 GHz BSS satellites meeting a more uplink locations than do
30 dB level over 90% of the land within cross-polarization isolation requirement traditional DBS systems due to the
its service area, and a value of at least of 25 dB, the co-polar interference will increased atmospheric attenuation at
26 dB within the remaining 10%. In its increase by about 3 parts per thousand these higher frequencies, which will
Reply Comments, EchoStar proposed a with a corresponding C/I decrease of result in increased site-diversity
compromise to take into account the 0.014 dB. This level of increased requirements, further increasing the
comments from other parties and interference resulting from the satellite potential burdens on systems sharing
amended its proposal to require 27 dB downlink antenna’s more relaxed the band. Accordingly, DIRECTV
cross-polarization isolation over 90% of performance remains negligible relative cautions the Commission to weigh
the land within its service area and at to the main interfering signal. carefully the offsetting disadvantages of
least 25 dB within the remaining 10%. 113. We anticipate that 17/24 GHz increased interference in the band.
In its Reply Comments, DIRECTV BSS system will operate almost Intelsat disagrees with DIRECTV’s
offered support for EchoStar’s original exclusively with digital transmissions. comments, which it believes overstate
proposal. We also accept that operators will be the difficulties associated with
111. The Commission adopted its 30 able to manage intra-system interference additional use of the 24 GHz band.
dB FSS cross-polarization isolation if a more relaxed requirement is Intelsat argues that, given the limited
requirement in an environment where adopted. In addition, we agree with the number of 17/24 GHz BSS feeder link
satellites were predominantly using commenters that a more relaxed off-axis sites anticipated overall, any increase in
analog transmissions. Along with the C- cross-polarization isolation requirement use of spectrum could still be easily
band analog video frequency plan of should yield only a negligible increase accommodated.
§ 25.211(a), 47 CFR 25.211(a), and the in interference to adjacent satellite 115. In light of the limited support in
polarization switchability requirement systems. Thus, we agree that the 30 dB the record for this proposal, we decline
of § 25.210(c), 47 CFR 25.210(c), the antenna cross-polarization isolation to adopt the NPRM proposal to permit
cross-polarization requirement serves to requirement originally designed for the the additional use of the 24.75–25.25
minimize the interference between analog transmission environment is GHz band by DBS feeder uplink earth
adjacent satellites when both are unnecessarily stringent for 17/24 GHz stations. Specifically, only Intelsat offers
carrying analog video signals that have BSS systems. Moreover, we recognize any support for this proposal, and bases
highly varying (peaked) power density that the Commission has frequently that support on a speculative
levels. In addition, the cross waived the cross-polarization assumption regarding growth of 17/24
GHz BSS feeder link sites. As a result, wherein licensees are not required to 120. DIRECTV and EchoStar take
in this case, we find DIRECTV’s and file site-specific data. issue with FiberTower’s argument that
EchoStar’s concerns regarding the 118. Commenters’ responses were coordination between 24 GHz FS
potential complexities created by similar among the terrestrial and systems and 17/24 GHz BSS feeder link
changing the spectrum allocation to be satellite communities. Satellite earth stations is unduly complicated.
more persuasive. commenters generally believe that co- These commenters object to
116. Technical Requirements for frequency operation of 24 GHz FS FiberTower’s proposals to restrict feeder
Inter-Service Operations: Sharing in the systems and 17/24 GHz BSS feeder link link earth stations to distances greater
24 GHz Band. ¥114 dBW/m2/MHz PFD earth stations should be feasible, given than 100 miles from a 24 GHz license
Coordination Threshold Adopted at the Commission’s well-established area and to limit the number to no more
Edge of FS License Area: Feeder uplinks procedures for coordination between that five. EchoStar and DIRECTV argue
for satellites operating in the 17/24 GHz terrestrial operations and satellite earth that such severe constraints are
BSS are allocated use of the 24.75–25.25 stations, in combination with the large- inequitable given the co-primary status
GHz band on a primary basis in both the diameter and relatively small number of of both services in the band and state
U.S. Table of Allocations and the feeder link antennas, and the large further that these restrictions would
International Tables of Allocations. See regions of the country where no FS place undue burden on 17/24 GHz
47 CFR 2.106 and note NG 167. systems are licensed to operate. operators. DIRECTV argues further that
Domestically, the upper portion of this Terrestrial service commenters assert such draconian rules are unnecessary
band from 25.05–25.25 GHz is also that the tests and analyses necessary to and that it is possible to establish
allocated on a primary basis to the Fixed understand the inter-service sharing interference protection criteria between
Service (FS). Fixed service operations in situation will be time-consuming and 24 GHz FS and 17/24 GHz BSS systems.
the band include Digital Electronic costly, and that the cost of complying
121. We agree that FiberTower’s
Message Service (DEMS) systems as with coordination procedures that are
proposed restrictions on BSS earth
well as a variety of other fixed services eventually developed will be
stations are too severe. This approach
licensed throughout the United States substantial.
119. FiberTower asserts that the would obviate the coordination process
by Economic Areas (EAs). In the 18 GHz traditionally employed in other
technical data and assumptions before
Report and Order, the Commission frequency sharing situations, by placing
the Commission are outdated, and that
amended the Table of Allocations to the entire burden of interference
§ 25.204(b) is overly permissive as it
allocate spectrum in the 24.75–25.25 mitigation onto the BSS earth station
does not take into account present-day
GHz band for use by BSS feeder links operator. Such a requirement is not
equipment evolution. FiberTower
consistent with the international maintains that reliable answers consistent with the Commission’s
allocation made at the 1992 World concerning band sharing criteria will approach to frequency sharing among
Administrative Radiocommunication only become available following the co-primary services wherein we have
Conference. The Commission adopted substantial expenditure of time and typically sought to distribute any
this shared allocation in part based on resources devoted to that end. coordination burden in an equitable
the belief that co-frequency operation FiberTower details many questions that manner among all affected parties. Nor
would be feasible given the limited it believes need to be answered, and is it consistent with our approach to
number of anticipated feeder link earth additional information it believes must efficient use of spectrum resources.
stations. It noted, however, that the be made available in the record, in order Rather, the Commission has historically
successful implementation of this to begin the necessary sharing studies. relied upon coordination among
allocation would require the Consequently, FiberTower asserts that affected parties to resolve interference
development of sharing criteria in a the best course of action is to require 17/ issues, only resorting to less spectrum-
future rulemaking. 24 GHz BSS feeder link earth stations to efficient methods such as geographic
117. Recognizing the potential for 17/ locate well beyond the boundaries of the separation in cases where coordination
24 GHz BSS feeder link earth stations FS licensed areas until such studies can was not considered feasible (e.g.,
operating in this portion of the band to be completed and non-interference to ubiquitously-deployed, small-diameter
interfere with existing and future 24 FS operations can be assured. earth stations.) In addition, we note that
GHz FS operations, the NPRM sought Specifically, FiberTower urges the many of the technical parameters that
comment on rules we might adopt to Commission to require 17/24 GHz BSS FiberTower claims are required to fully
facilitate co-frequency operations of earth stations to locate at least 100 miles understand the frequency sharing
these two services. Specifically we from the edge of any FS licensed area. situation are best made available as part
asked whether the antenna off-axis In addition, FiberTower maintains that of the coordination process itself.
performance requirements of § 25.209, the Commission may also need to limit Accordingly, we continue to believe that
47 CFR 25.109, in combination with the number of BSS feeder links allowed coordination is a viable approach to
earth station power limits in § 25.204, to no more than five nationally until resolving inter-service interference
47 CFR 25.205, would afford sufficient mutually acceptable analyses and issues in this band, and note that this is
protection to 24 GHz FS systems, or supporting data are available to also the approach 24 GHz FS licensees
whether changes to our rules are demonstrate that additional BSS feeder use to resolve interference issues among
required. The NPRM also recognized links are actually necessary, and that themselves. As all commenters agree, FS
certain conditions unique to the 24 GHz they can be operated without causing facilities are not operating in large parts
band that may either facilitate or interference to 24 GHz FS systems in of the country. These regions will be the
complicate inter-service sharing, existing license areas. The FWCC likely locations for the majority of BSS
including the relatively small number of supports FiberTower’s proposals, feeder link earth stations so that the
anticipated BSS feeder uplink stations, arguing that the characteristics of the issue of coordination should be raised
their large diameters and accompanying BSS feeder links are not well known, relatively infrequently. Moreover, given
good off-axis discrimination and adding that FS operations are the relatively small number of
characteristics, as well as the geographic subject to recent developments in anticipated feeder link earth stations in
area licensing of 24 GHz FS systems available equipment and architectures. combination with their large-diameter
antennas, we do not believe that the link earth station that produces a pfd ¥114 dBW/m2/MHz value now
coordination burden on either party will level greater than the specified specified in our rules for coordination of
be overly severe. threshold value at the boundary of a 24 fixed service operations, to BSS feeder
122. Coordination Threshold: SES GHz FS license area would be required link earth stations seeking to operate in
Americom states that Commission rules to coordinate its operations with the the 24 GHz band. Further, to fully
are sufficient to effect coordination and affected FS operations. Such an protect 24 GHz FS operations from
to protect 24 GHz FS operations, and approach is relatively straightforward, multiple feeder link earth stations, any
consequently urges the Commission to and distributes the burden of pfd level used as a coordination
adopt no new requirements. However, coordination equitably among all threshold at the FS license boundary
EchoStar and DIRECTV both propose an parties. In addition, it is consistent with must be cumulative. Accordingly, when
additional requirement to facilitate the approach currently contained in our determining whether the pfd threshold
sharing in the case of 24 GHz FS and 17/ rules to permit licensing of co-frequency limit is exceeded at the 24 GHz FS
24 GHz BSS earth station operations. 24 GHz FS operations in adjacent licensing boundary, a feeder link earth
They note that the Commission’s rules Economic Areas (EA’s). In contrast to station applicant must take into account
already establish interference protection requiring an absolute separation not only the transmissions from its own
criteria between adjacent terrestrial distance, this approach will allow antenna(s), but also those from any
license areas in the 24 GHz band. operators to take into account the
Specifically, § 101.509(e) includes a previously authorized feeder link earth
various interference-mitigating factors stations. Thus, if the cumulative pfd
recommendation that coordination is that will vary at different locations
not necessary if the pfd at the boundary level at the FS license boundary is in
around the country including foliage or excess of ¥114 dBW/m2/MHz, the earth
of the adjacent terrestrial licensing area terrain-shielding, as well as regional
is less than ¥114 dBW/m2/MHz, and station applicant must either modify its
differences in precipitation. Moreover, proposed operations such that this value
that licensees should be able to deploy such an approach will permit operators
with a pfd of up to ¥94 dBW/m2/MHz is not exceeded, or enter into
the flexibility to implement various
at the boundary of the relevant adjacent coordination with the affected FS
mitigation techniques and to mutually
area without negatively affecting the licensee.
resolve their coordination problems
operations of the adjacent area licensee, with as little input from the 126. Commenters raise the question of
See 47 CFR 101.509(e). EchoStar and Commission as possible. methodology used to compute the pfd
DIRECTV urge the Commission to adopt level at the boundary of the FS license
this same approach for 24 GHz FS and 125. DIRECTV and EchoStar assert
that the current pfd level in § 101.509(e) area. EchoStar states that the pfd
17/24 GHz BSS systems. They assert calculation should be based on the
that it has worked well among 24 GHz can be successfully extended to the case
of BSS feeder link earth station actual characteristics of the proposed
terrestrial service licensees for many earth station, use a realistic propagation
years and argue that it will work equally transmissions to serve as a threshold for
FS/BSS coordination. FiberTower, model such as ITU–R Recommendation
well in the present case. In conjunction P.452, with a reasonable probability of
with this proposal, commenters submit however, argues that this pfd level
should be reduced by 28 dB to afford occurrence (e.g., 1%), and take into
analyses to demonstrate that with worst- account the topography around the
case assumptions, separation distances sufficient protection to 24 GHz FS
operations. The pfd coordination earth station. FiberTower asserts that
required to meet this coordination the pfd should be determined at the
threshold are typically on the order of threshold of § 101.509(e) was adopted in
the 24 GHz Report and Order to boundary of the 24 GHz FS license area
50 miles. by establishing the EIRP of the earth
123. In its reply comments facilitate coordination between U.S.
licensed 24 GHz FS operations. The station toward the horizon on the
FiberTower submits a technical analysis
Commission adopted a ¥114 dBW/m2/ azimuth toward the FS boundary, and
to demonstrate the need for a minimum
MHz value to be consistent with the then applying the spreading loss for the
separation of 100 miles from the edge of
a 24 GHz FS licensing area. FiberTower coordination threshold value in the U.S. distance between the feeder link station
states that the results of its preliminary and Canada agreement for coordination and the FS boundary. If transmit power
study indicate that pfd level specified in between administrations in the border control is used, the EIRP value used in
§ 101.509(e) of our rules is insufficient areas. Consequently, FiberTower’s the calculation should be the maximum
and should be reduced from ¥114 proposal would create more extensive value. We agree with FiberTower that in
dBW/m2/MHz to at least ¥142 dBW/ difficulties in the general ability of 24 cases where adaptive uplink power
m2/MHz to protect FS operations. GHz FS licensees to coordinate with control is used the EIRP value used for
Consequently, FiberTower asserts that each other, and possibly with co- calculation should be the maximum. We
substantial changes are needed in the frequency operations across the border also agree with EchoStar that
Commission’s rule. Although with Canada as well. Thus, changing the calculations should be based on the
FiberTower continues to urge the pfd threshold of § 101.509(e) has actual characteristics of the proposed
Commission to adopt a 100-mile ramifications far beyond the question of earth station. Consistent with our other
exclusion zone at the edges of the FS FS/BSS coordination and raises issues pfd requirements, we also take into
license areas, it proposes as an well outside the scope of this account only free-space propagation loss
alternative that the pfd criterion rulemaking. Accordingly, we decline to when computing the pfd level at the FS
specified in § 101.509(e) should be reduce the pfd coordination threshold of license area. Although we recognize that
changed to ¥142 dBW/m2/MHz, and § 101.509(e) in this rulemaking. Nor do many factors including terrain,
outlines an accompanying approach for we believe that there is justification for atmospheric attenuation and climactic
determining compliance with this pfd adopting a pfd coordination threshold variations will likely further decrease
limit. for 17/24 GHz BSS operations different pfd levels, we believe that a
124. We adopt a pfd level as a from the one applied to the coordination threshold should be as
coordination threshold at the edge of the transmissions of other co-frequency simple and straightforward a calculation
FS license area. Under such a scheme, operations. For these reasons, we extend as possible. Other interference-
the operator of a 17/24 GHz BSS feeder the pfd coordination threshold value of mitigating factors may be taken into
account should the coordination process band on a secondary basis for U.S. 132. Commenters agree that radar
be invoked. Government systems, See 47 CFR 2.106. interference into 17/24 GHz BSS
127. We are establishing a procedure As stated in the NPRM, military services receivers is a serious issue that must be
whereby 17/24 GHz BSS feeder link are the largest users of the 15.7–17.3 addressed as early as possible.
earth stations may be licensed, subject GHz band and their radiolocation Commenters recognized the need for
to coordination with 24 GHz FS operations include a large number of further exchange of information
licensees when warranted. This radar systems, particularly high- between industry and federal
procedure presumes that the earth powered synthetic aperture radars government concerns to better analyze
station’s location is outside of the 24 operating near the 17.3 GHz band edge. the extent of the interference problem,
GHz FS license area. We need not The Commission, noting similar and to develop appropriate mitigation
address the case where 17/24 GHz BSS concerns of the National strategies. Accordingly, commenters
earth stations and 24 GHz FS systems Telecommunications and Information encourage the Commission to facilitate
might operate in the same EA since we Administration (NTIA), anticipated that this process.
do not intend to license 17/24 GHz BSS unwanted emissions from high-power, 133. EchoStar states that both in-band
feeder links to operate in an existing 24 adjacent-band radiolocation systems, and adjacent-band interference
GHz FS license area. Such a sharing could pose a significant harmful mechanisms will prevent 17/24 GHz
situation is considerably more interference threat to 17/24 GHz BSS BSS receivers from operating when the
complicated, and in this instance, we subscriber earth stations. The radiolocation signal is present. EchoStar
agree that more information and study Commission also recognized that maintains that out-of-band interference
is necessary to develop appropriate discussions between the radiolocation will most severely affect those
sharing criteria. Moreover, we recognize and BSS communities could help to frequencies closest to 17.3 GHz, but that
that at some point in the future, resolve potential adjacent band frequencies up to 100 MHz from the
additional 24 GHz FS licenses may be interference issues between the two band edge are likely to be seriously
awarded, and that these operators may services. In the NPRM, the Commission impaired; the in-band interference will
wish to consider locating their noted its encouragement of operator-to- prevent receiver function on all
operations within an EA where a feeder operator discussions as a means of channels while the signal is present.
link earth station has previously been resolving interference issues, and sought 134. DIRECTV presents a generalized,
licensed. Commenters have raised the comment on this approach. Specifically, worst-case analysis as well as a detailed
possibility that BSS and FS working the Commission asked how best to examination of four interference
groups should complete the necessary address the issue of potential adjacent- scenarios for adjacent-band interference
technical studies and develop sharing band interference into 17/24 GHz BSS from airborne radar systems. The
criteria. The Commission supports all receivers. interference scenarios consider different
such efforts by the industry. It is 130. The NPRM also made available antenna couplings between the radar
possible that after further study and the information that NTIA had provided and the BSS earth station: Mainbeam-to-
development of more detailed sharing concerning technical and operating mainbeam antenna coupling,
criteria, we may reconsider these characteristics of certain adjacent-band mainbeam-to-sidelobe antenna
requirements. radiolocation systems that it considers coupling, sidelobe-to-mainbeam
128. As noted above, we anticipate likely to impact 17/24 GHz BSS antenna coupling, and sidelobe-to-
that additional 24 GHz FS systems may receiving earth stations. We sought sidelobe antenna coupling. The analysis
be authorized subsequent to future comment on the general applicability of results for mainbeam-to-mainbeam
Commission action. Such systems the NTIA’s findings to planned 17/24 antenna coupling show significant
locating near an authorized 17/24 GHz GHz BSS systems. The NPRM also interference from the adjacent band
BSS feeder link earth station may not sought comment on anticipated BSS radars, but the estimated probability of
claim protection from interference from receiver sensitivity to unwanted this interference scenario occurring is
the feeder link earth station’s adjacent-band emissions, on the level of 3×10¥8 and the interference event only
transmissions, provided that these protection required, and on any occurs for approximately 2 seconds. For
transmissions are compliant with our measures 17/24 GHz BSS operators the mainbeam-to-sidelobe and sidelobe-
rules. Rather, future 24 GHz FS might adopt in order to mitigate such to-mainbeam antenna coupling again
applicants will be required to take into interference. Specifically, it asked interference is shown, but the estimated
account the transmissions from the whether the Commission should adopt probability of this scenario occurring is
previously authorized earth station requirements to limit 17/24 GHz BSS 2×10¥4 and again the duration of the
when considering system designs, receiver susceptibility to unwanted interference is around 2 seconds. From
including the choice of location for its emissions, and specifically what the DIRECTV analysis the most likely
license area. To make these decisions, requirements might be appropriate. interference scenario is sidelobe-to-
future FS applicants must have access to 131. Finally, the NPRM recognized sidelobe antenna coupling. In this
relevant feeder link earth station that Federal Government systems use scenario the analysis shows that
characteristics. Accordingly, we make the Radiolocation Service secondary interference-to-carrier ratios as high as
clear that all applicants for 17/24 GHz allocation in the 17.3–17.7 GHz band by 9.1 dB may result, but that interference
BSS feeder link earth stations are operating numerous types of is limited primarily to the first
subject to the information filing radiolocation stations. NTIA indicates transponder. In general, the analysis
requirements of §§ 25.203 and 25.251 of that radiolocation systems may seek to results indicate that for a single radar
our rules, whether or not coordination continue operating in this spectrum and BSS receiver interaction that the
is required on the basis of the pfd levels regardless of their allocation status with probability of interference is low and
adopted above. respect to the BSS, albeit at limited the duration of interference is relatively
129. Sharing in the 17 GHz Band. geographic areas and in limited portions short. However, if the radars are
Coordination with NTIA Encouraged: of the band. The NPRM sought comment operated over long durations and large
The Radiolocation Service is allocated on approaches by which BSS operations geographic areas the probability and
use of the 15.7–17.3 GHz band on a could co-exist with secondary duration of interference can increase.
primary basis, and the 17.3–17.7 GHz radiolocation operations. DIRECTV believes that in
order to fully evaluate the potential Additionally, NTIA states that Government directly to develop solutions to this
impact on BSS receivers additional Footnote G117 should be modified to limit issue.
information is needed on the current Federal fixed-satellite use of these bands to 140. Pending Applications. As noted,
and future radar systems in the 15.7– military systems. we adopted a first-come, first-served
17.3 GHz band. We agree with DIRECTV 137. NTIA states that the U.S. licensing procedure for GSO-like
that further exchanges of information Government’s implementation of this applications and a modified processing
are necessary in order to fully assess the allocation supports military functions as round approach for NGSO-like
potential impact on BSS receiver well as specific national security applications in the First Space Station
operations. We encourage the industry interests of the United States and further Licensing Reform Order. In doing so, we
representatives to work directly with asserts that this allocation is essential recognized that retroactively applying
NTIA to obtain this information. for these Federal space systems to these procedures to all applications
135. DIRECTV also states that, in the perform satisfactorily. In addition, NTIA pending at that time may not best serve
measurement results presented by states that non-federal operations in this the public interest. Thus, we stated that
NTIA, a key finding was that the band are currently limited to existing we would apply the procedures ‘‘in
maximum interference tolerance is transmitting feeder links for the BSS cases where doing so will help further
directly related to the ratio of the and future receiving BSS earth stations. the goals of this proceeding to expedite
interference pulse length to the According to NTIA, the Federal service to the public and discourage
information signal length. DIRECTV operations are limited to two sites and speculation.’’ We decided to treat most
only utilize a portion of the 17.3–17.7 pending GSO-applications under the
questions whether error correction
GHz band and have operated first-come, first-served procedure. In
coding or data interleaving could
compatibly with the BSS feeder links for other words, in most cases, we would
significantly mitigate the effects of radar
many years. We agree with NTIA that grant a pending application if the
interference as the symbol rates of
protecting these Federal operations at applicant was qualified and if the
planned 17/24 GHz BSS systems will
this time will ensure that BSS operators proposed system would not cause
result in signal lengths on the order of
have sufficient time to design their harmful interference to any previously
1000 times less than those planned for
future space-to-Earth systems licensed satellite or to any satellite
the radar systems. The DIRECTV
accordingly. proposed in a previously filed
assessment of the NTIA measurements
application. The Commission adopted a
is based on the in-band pulse 138. Based on the foregoing, we find
somewhat different procedure for V–
characteristics (pulse width and pulse that this change to the U.S. Table of
band applications, which had been filed
repetition frequency) of the radar Frequency Allocations is related to the
pursuant to a processing round cut-off.
systems provided by NTIA. However, exercise of military functions of the
There, the Commission treated all
the out-of-band radar signal that appears United States in support of urgent
pending GSO V–band applications as
after the front-end filtering of a BSS national security interests.
though they were filed at the same time
earth station receiver may not have the Consequently, we also find that notice and entitled to concurrent
same characteristics as the in-band radar and public comment procedures are, for consideration. This meant that if two or
signal (e.g., the pulse width may be good cause shown, impracticable, more V–band applications were
shorter). Measurements of the effects of unnecessary, and contrary to the public mutually exclusive, the Commission
out-of-band pulsed interference on the interest. Accordingly, the Commission would divide the available spectrum
BSS receiver could serve to quantify this is authorized to waive the public notice equally among the qualified licensees.
effect. For example, as part of the above- provisions of the Administrative The Commission employed a third
mentioned discussion and information Procedure Act (APA) pursuant to 47 processing approach for pending Ka–
exchange between industry and NTIA, CFR 1.412(b)(1) and 1.412(c). Based on band NGSO applications. There, the
equipment representative of the 17/24 the representations of NTIA that Commission had already issued a Notice
GHz BSS earth station receivers could adoption of a national footnote and an of Proposed Rulemaking in which it
be provided to NTIA for testing and amendment of a government footnote proposed a technical solution that
evaluation. specifically supports essential military would resolve mutual exclusivity and
136. Another sharing scenario was functions of the national defense, we allow NGSO systems to share the same
raised by NTIA in a letter dated March find that the public interest will best be spectrum. Consequently, we determined
21, 2007. In that letter, NTIA, on behalf served by accommodating NTIA’s that we did not need to use the band-
of the Department of Defense (DoD), request to expeditiously add United splitting approach we adopted for
requested that we adopt the following States Footnote US402 to the U.S. Table mutually-exclusive NGSO applications
footnote to the U.S. Table of Frequency of Frequency Allocations and amend in the First Space Station Reform Order.
Allocations: Government Footnote G117 of the U.S. Instead, we granted each qualified
Table of Frequency Allocations. NGSO Ka-band applicant authority to
’’US402—In the band 17.3–17.7 GHz,
existing Federal satellites and associated
139. Finally, with regard to the operate throughout the available
earth stations in the fixed-satellite service secondary in-band interference issue, spectrum.
(Earth-to-space) are authorized to operate on DIRECTV notes the lack of sufficient 141. DIRECTV, EchoStar, and Intelsat
a primary basis in the frequency bands and technical information necessary to make various suggestions as to how to
areas listed below. Receiving earth stations in perform an analysis of the problem, but process the pending 17/24 GHz space
the broadcasting-satellite service within the suggests that given more information station applications. DIRECTV generally
bands and areas listed below shall not claim exchange between industry and the proposes that we should process the
protection from Federal earth stations in the Federal Government it may be possible applications under the first-come, first-
fixed-satellite service. to adopt case-by-case solutions to served approach. Nevertheless, they
(a) 17.600–17.700 GHz for stations within

a 120 km radius of 38°49′N latitude and
accommodate such operations. We agree request that we exempt them from the
76°52′W longitude. with DIRECTV that further exchanges of rule that requires us to treat their
(b) 17.375–17.475 GHz for stations within information are necessary in order to amended applications as newly filed,
a 160 km radius of 39°42′N latitude and develop solutions to this issue. We See 47 CFR 25.116(b), (d). Newly filed
104°45′W longitude.’’ encourage the parties to talk with NTIA applications move to the bottom of the
processing queue. In contrast, Intelsat retaining opportunities for competitive fails to file a notification of its intent to
recommends that we allow each entry and speeding service to the public. proceed with a particular application,
applicant to amend a single application 144. We recognize that where the we will dismiss that application. By
at a time, in order of the entity’s date of spectrum will be divided, the identifying applications that will not be
filing its first application, ‘‘round-robin’’ authorizations issued under this pursued in advance of the amendment
style. This means that the entity with procedure may not be exactly what the deadline, the remaining applicants may
the oldest filing would be given the applicants expected. This, by itself, be in a better position to reach a
opportunity to file an amended would not bar the adoption of this compromise regarding their orbital
application, with its choice of orbital procedure. As we explained in the First assignment requests and minimize, or
location, first. The next entity to pick Space Station Reform Order, the avoid, mutually exclusive situations.
would be the remaining entity with the Commission has the authority to apply 147. Finally, from the release date of
oldest application, and so on. Once all new procedures to pending applications this Order until a date and time
applicants had amended one if doing so does not impair the rights an designated by the Bureau after the
application, each would be given an applicant possessed when it filed its pending applications are amended, we
opportunity, in turn, to amend a second, application, increase an applicant’s establish a freeze on new applications.
third, fourth, and fifth application as liability for past conduct, or impose new The freeze on 17/24 GHz BSS
warranted. Intelsat suggests that a duties on applicants with respect to applications applies to any application
‘‘round-robin’’ procedure will ensure ‘‘transactions already completed.’’ for authority to provide service to the
that orbital locations are assigned in a Applicants do not gain any vested right United States using the 17.3–17.7 GHz
manner that promotes competition. For merely by filing an application. Merely (space-to-Earth) and 24.75–25.25 GHz
the reasons discussed below, we adopt filing an application cannot be (Earth-to-space) frequency bands or to
another approach that treats all pending considered a ‘‘transaction already provide international satellite service
applications as filed simultaneously. completed’’ for purposes of this using the 17.7–17.8 GHz (space-to-
142. There are 22 pending analysis. It would be within our Earth) frequency band. This freeze is
applications for 17/24 GHz BSS space authority to dismiss all the pending limited to applications for licenses for
station authorizations. Most of these applications entirely and start the new space stations or for new requests
filings are not at a four-degree- licensing process anew. Such an action, for market access by foreign-licensed
compliant location or request an orbit however, would not serve the policy space stations. Further, the freeze does
goals articulated above. Thus, we not apply to amendments to the 22
location less than 4 degrees away from
conclude that there is no legal barrier to pending applications.
a location sought by another entity. As
our processing the pending applications 148. Conclusion: With this Report and
a result, under any processing method
as filed simultaneously. Order, we adopt licensing and service
used for the pending applications, we 145. To implement our decision here, rules for the 17/24 GHz BSS that will
will not be able to grant all the we direct the Bureau to release a Public facilitate the deployment of new
applications as originally filed. We Notice shortly after these rules become broadband services. These rules include
further recognize that applicants will be effective, inviting applicants to amend a first-come, first-served processing
required to amend their pending the applications pending as of the date approach for licensing 17/24 GHz BSS
applications to conform to the new of this order consistent with the rules applications, several safeguards (e.g.,
service and technical rules, including we adopt today. Applicants can amend bond requirements, milestones, and a
the rule limiting applicants to five their choice of orbital locations limit on the number of pending
pending 17/24 GHz BSS applications. consistent with our spacing rules applications), geographic service
At the same time, we will require adopted today to reduce the likelihood requirements to provide service to
applicants to select a location of mutual exclusivity. In addition, Alaska and Hawaii, and various public
conforming to the four-degree spacing applicants are limited to five pending service obligations.
framework adopted today. Moreover, 17/24 GHz BSS applications. Any
some applicants may choose not to application that is not amended by the Ex Parte Presentations
continue prosecuting their pending date specified by the Bureau will be 149. This proceeding shall be treated
applications due to changed business dismissed as defective. The Bureau will as a ‘‘permit-but-disclose’’ proceeding in
plans. Consequently, we expect the review the amended applications to accordance with the Commission’s ex
amended applications to look materially determine whether they are parte rules. Persons making oral ex parte
different than the pending applications. substantially complete and acceptable presentations are reminded that
143. In light of these anticipated for filing. The Bureau will place memoranda summarizing the
material changes and the new rules for acceptable applications on public presentations must contain summaries
the 17/24 GHz BSS, we will treat the notice. The Bureau will return to the of the substance of the presentations
applications before us, as amended, as applicant as defective any amended and not merely a listing of the subjects
though they were filed at the same time. applications that are not substantially discussed. More than a one- or two-
Accordingly, as in the V-band complete. In the event that two or more sentence description of the views and
proceeding, where two or more amended applications are mutually arguments presented is generally
applications are mutually exclusive, we exclusive, we direct the Bureau to required. Other rules pertaining to oral
will divide the available spectrum consider the applications together and, and written presentations are set forth
equally among the applicants pursuant if the applicants are qualified, to license in § 1.1206(b) of the Commission’s rules
to § 25.158(d). To the extent necessary, them to operate in an equal portion of as well.
we will waive §§ 25.116 and 25.155(c) the spectrum.
of our Rules to process the applications 146. To facilitate the amendment Paperwork Reduction Act
in this manner. We find that this process, we require each applicant to 150. The actions contained herein
approach best serves the public interest notify the Commission by letter, within have been analyzed with respect to the
by most equitably balancing our goals of 45 days of release of this Order, whether Paperwork Reduction Act of 1995 at the
maximizing use of scarce spectrum and it intends to go forward with each of its initiation of the Notice of Proposed
orbital resources while at the same time pending applications. If an applicant Rulemaking in this proceeding, and we
have previously received approval of sharing in the 24 GHz and 17 GHz 156. The category of Other
the associated information collection bands. By these actions, we facilitate the Telecommunications ‘‘comprises
requirements from the Office of introduction of new and innovative establishments primarily engaged in (1)
Management and Budget (OMB) under services to consumers in the United Providing specialized
OMB Control No. 3060–1097. The States and promote increased telecommunications applications, such
Report and Order and Further Notice of competition among satellite and as satellite tracking, communications
Proposed Rulemaking does not contain terrestrial services. telemetry, and radar station operations;
any new or modified ‘‘information or (2) providing satellite terminal
B. Summary of Significant Issues Raised
collection burden for small business stations and associated facilities
by Public Comments in Response to the
concerns with fewer than 25 operationally connected with one or
IRFA
employees,’’ pursuant to the Small more terrestrial communications
Business Paperwork Relief Act of 2002, 153. There were no comments filed systems and capable of transmitting
Public Law 107–198, see 44 U.S.C. that specifically addressed the IRFA. telecommunications to or receiving
3506(c)(4). C. Description and Estimate of the telecommunications from satellite
Number of Small Entities to Which systems.’’ For this category, Census
Final Regulatory Flexibility Analysis
Rules Will Apply Bureau data for 2002 show that there
151. As required by the Regulatory were a total of 332 firms that operated
Flexibility Act of 1980, as amended 154. The RFA directs agencies to for the entire year. Of this total, 259
(RFA), an Initial Regulatory Flexibility provide a description of and, where firms had annual receipts of under $10
Analysis (IRFA) was incorporated in the feasible, an estimate of the number of million and 15 firms had annual
Establishment of Policies and Service small entities that may be affected by receipts of $10 million to $24,999,999.
Rules for the Broadcasting-Satellite the rules adopted herein. The RFA Consequently, we estimate that the
Service at the 17.3–17.7 GHz Frequency generally defines the term ‘‘small majority of Other Telecommunications
Band and at the 17.7–17.8 GHz entity’’ as having the same meaning as firms are small entities that might be
Frequency Band Internationally, and at the terms ‘‘small business,’’ ‘‘small affected by our action.
the 24.75–25.25 GHz Frequency Band organization,’’ and ‘‘small governmental 157. Space Stations (Geostationary).
for Fixed Satellite Services Providing jurisdiction.’’ In addition, the term Commission records reveal that there
Feeder Links to the Broadcasting- ‘‘small business’’ has the same meaning are 44 space station licensees. We do
Satellite Service and for the Satellite as the term ‘‘small business concern’’ not request nor collect annual revenue
Services Operating Bi-Directionally in under the Small Business Act. A small information concerning such licensees,
the 17.3–17.8 GHz Frequency Band, business concern is one which: (1) Is and thus are unable to estimate the
Notice of Proposed Rulemaking (NPRM), independently owned and operated; (2) number of geostationary space station
adopted on June 21, 2006. The is not dominant in its field of operation; licensees that would constitute a small
Commission sought written public and (3) satisfies any additional criteria business under the SBA definition cited
comment on the proposals in the NPRM, established by the Small Business above, or apply any rules providing
including comment on the IRFA. This Administration (SBA). Below, we special consideration for geostationary
present Final Regulatory Flexibility further describe and estimate the space station licensees that are small
Analysis (FRFA) conforms to the RFA. number of small entity licensees that businesses.
may be affected by the adopted rules. 158. 17 GHz Transmitting Earth
A. Need for, and Objectives of, The 155. Satellite Telecommunications. Stations. Currently there are
Report and Order The SBA has developed a small approximately 47 operational earth
152. The objective of the Report and business size standard for the two broad stations in the 17.3–17.7 GHz bands.
Order is to adopt processing and service census categories of ‘‘Satellite The Commission does not request or
rules for the 17/24 GHz Broadcasting- Telecommunications’’ and ‘‘Other collect annual revenue information, and
Satellite Service (BSS). This service will Telecommunications.’’ Under both thus is unable to estimate the number of
introduce a new generation of categories, a business is considered earth stations that would constitute a
broadband services to the public, small if it has $13.5 million or less in small business under the SBA
providing a mix of local and domestic annual receipts. The category of definition.
video, audio, data, video-on-demand, Satellite Telecommunications 159. Cellular and Other Wireless
and multimedia services to consumers ‘‘comprises establishments primarily Telecommunications. The SBA has
in the United States. In some cases, engaged in providing point-to-point developed a small business size
these services will complement existing telecommunications services to other standard for Cellular and Other Wireless
Direct Broadcast Satellite (DBS) establishments in the Telecommunications, which consists of
services. Specifically, we adopt a first- telecommunications and broadcasting all such firms having 1,500 or fewer
come, first-served licensing procedure industries by forwarding and receiving employees. According to Census Bureau
for the 17/24 GHz BSS, as well as communications signals via a system of data for 2002, in this category there
various safeguards, reporting satellites or reselling satellite were 1,397 firms that operated for the
requirements, and licensee obligations. telecommunications.’’ For this category, entire year. Of this total, 1,378 firms had
We also adopt geographic service rules Census Bureau data for 2002 show that employment of 999 or fewer employees,
to require 17/24 GHz BSS licensees to there were a total of 371 firms that and 19 firms had employment of 1,000
provide service to Alaska and Hawaii. In operated for the entire year. Of this employees or more. Thus, under this
addition, we establish rules and total, 307 firms had annual receipts of category and size standard, the majority
requirements for orbital spacing, under $10 million, and 26 firms had of firms can be considered small.
minimum antenna diameter, and receipts of $10 million to $24,999,999.
antenna performance standards. Also, Consequently, we estimate that the D. Description of Projected Reporting,
we establish limits for uplink and majority of Satellite Recordkeeping, and Other Compliance
downlink power levels to minimize the Telecommunications firms are small Requirements
possibility of harmful interference. entities that might be affected by our 160. Under the Commission’s existing
Finally, we stipulate criteria to facilitate action. rules, all requests for space station
authorizations are required to be in the many compromises in satellite design the Commission’s rules, shall (1) Submit
form of a comprehensive proposal and operation as to make it link budget analyses of the operations
submitted on the relevant FCC forms. economically unreasonable. proposed along with a detailed written
Similarly, to obtain an earth station 165. An applicant proposing a 17/24 explanation of how each uplink and
authorization, applicants must file the GHz BSS space station must provide an each transmitted satellite carrier density
appropriate forms as required by the interference analysis to demonstrate the figure is derived; and (2) submit a
Commission’s rules. In addition to our compatibility of its proposed system 4° narrative summary which must indicate
existing requirements, in this Report from any current or future authorized whether there are margin shortfalls in
and Order, we adopt certain specific space station in the 17/24 GHz BSS that any of the current baseline services as
requirements for 17/24 GHz BSS earth complies with the Commission’s a result of the addition of the applicant’s
and space station applications. technical rules. higher power service, and if so, how the
161. Space Station Applications. The 166. Earth Station Applications. applicant intends to resolve those
rules adopted will require an applicant Applications for feeder link earth margin short falls.
proposing a satellite to be located at one stations operating in the 24.75—25.25 169. The Commission does not expect
of the orbit locations specified in GHz band (Earth-to-space) and significant costs to be associated with
Appendix F of the Report and Order and providing service to geostationary these rules. Therefore, we do not
proposing to operate in the 17.3–17.7 satellites in the 17/24 GHz BSS must anticipate that the burden of compliance
GHz frequency band to provide a include, for each earth station antenna would be greater for smaller entities.
demonstration that the proposed space type, in addition to the particulars of
station shall comply with the power operation identified on FCC Form 312 E. Steps Taken To Minimize Significant
flux density limits set forth in and associated Schedule B, a series of Economic Impact on Small Entities, and
§ 25.208(w) of the Commission’s rules. EIRP density charts or tables, calculated Significant Alternatives Considered
In cases where an applicant will not for a production earth station antenna,
170. The RFA requires that, to the
comply with the power flux density based on measurements taken on a
extent consistent with the objectives of
limits set forth in § 25.208(w), the calibrated antenna range at 25 GHz,
applicable statutes, the analysis shall
applicant will be required to provide a with the off-axis EIRP envelope set forth
discuss significant alternatives such as:
certification that all potentially affected in paragraphs (g)(1)(i) through (g)(1)(iv)
(1) The establishment of differing
parties acknowledge and do not object of § 25.115 of the Commission’s rules.
compliance or reporting requirements or
to the use of the applicant’s higher These charts or tables should show (i)
timetables that take into account the
power flux densities. Off-axis co-polarized EIRP spectral
resources available to small entities; (2)
162. In cases where the proposed 17/ density in the azimuth plane, for off-
the clarification, consolidation, or
24 GHz BSS space station will be axis angles from minus 10° to plus 10°
operated in the 17.3–17.7 GHz band, or and from minus 180° to plus 180°; (ii) simplification of compliance and
operated to provide international off-axis co-polarized EIRP spectral reporting requirements under the rule
service in the 17.7–17.8 GHz band, and density in the elevation plane, at off- for small entities; (3) the use of
cannot be located precisely at one of the axis angles from 0° to plus 30°; (iii) off- performance, rather than design,
nominal 17/24 GHz BSS orbital axis cross-polarized EIRP spectral standards; and (4) an exemption from
locations specified in Appendix F of the density in the azimuth plane, at off-axis coverage of the rule, or any part thereof,
Report and Order, the applicant must angles from minus 10° to plus 10°; and for small entities.
provide a demonstration that the (iv) off-axis cross-polarized EIRP 171. The rules adopted herein are
proposed space station will not cause spectral density in the elevation plane, necessary for the efficient operation of
more interference to other 17/24 GHz at off-axis angles from minus 10° to plus the 17/24 GHz BSS, which is expected
BSS satellite networks operating in 10°. In lieu of providing such charts or to introduce a new generation of
compliance with the rules for this tables, applicants may provide a broadband services to the public. The
service than if it were located at the certification on Schedule B that the technical rules adopted here are
precise 17/24 GHz BSS orbital location antenna conforms to the gain pattern designed to be the least intrusive in
from which its proposed location is criteria of §§ 25.209(a) and (b) of the terms of compliance requirements and
offset. Commission’s rules, that when the most effective in terms of facilitating
163. An applicant proposing a 17/24 combined with input power density the licensing of operations in the 17/24
GHz BSS space station to be located at (computed from the maximum on-axis GHz BSS without causing harmful
one of the orbit locations specified in EIRP density per carrier less the antenna interference to other authorized
Appendix F of the Report and Order and gain entered in Schedule B), radiocommunication services. We have
proposing to provide international demonstrates that the off-axis EIRP considered alternatives and believe
service in the 17.7–17.8 GHz band, must spectral density envelope set forth in these are the most equitable solutions to
demonstrate that it will meet the power §§ 25.223(b)(1) through (4) of the the potential interference problems
flux density limits set forth in Commission’s rules will be met. posed by the operations in 17/24 GHz
§ 25.208(c) of the Commission’s rules. 167. Earth station applicants seeking BSS. By requiring that technical
164. An applicant proposing a 17/24 authority to use an antenna that does showings be made prior to operation,
GHz BSS space station that proposes to not meet the standards set forth in we anticipate that there will be far fewer
provide ‘‘DBS-like service’’ within the §§ 25.209(a) and (b) of the Commission’s instances of harmful interference. This
meaning of § 25.225 of the rules, pursuant to the procedure set will have a positive economic impact on
Commission’s rules, must either certify forth in § 25.220 or § 25.223(c), are all satellite space station and earth
that it will meet the requirements of required to submit a copy of the station licensees, including small
§ 25.225, or include as an attachment to manufacturer’s range test plots of the entities.
its application a technical analysis antenna gain patterns specified in F. Federal Rules That May Duplicate,
demonstrating that comparable DBS-like paragraph (b)(1) of this section. Overlap, or Conflict With the Proposed
service is not feasible as a technical 168. An applicant for an earth station
Rules
matter or that, while technically license that proposes levels in excess of
feasible, such service would require so those defined in the new § 25.223(b) of 172. None.
173. Report to Congress: The 17.7–17.8 GHz (space-to-Earth) Federal Communications Commission.
Commission will send a copy of the frequency band will be accepted for Marlene H. Dortch,
Report and Order, including this FRFA, filing. The freeze does not apply to Secretary.
in a report to be sent to Congress amendments to the pending
pursuant to the Congressional Review applications listed in Appendix E to Rule Changes
Act. In addition, the Commission will conform the applications to the rules ■ For the reasons discussed above, the
send a copy of the Report and Order, adopted in this Order. Federal Communications Commission
including this FRFA, to the Chief 177. It is further ordered that the
amends 47 CFR parts 2 and 25 as
Counsel for Advocacy of the SBA. A International Bureau is delegated
follows:
copy of the Report and Order and FRFA authority to issue Public Notices
(or summaries thereof) will also be consistent with this Report and Order. PART 2—FREQUENCY ALLOCATIONS
published in the Federal Register. 178. It is further ordered that the AND RADIO TREATY MATTERS;
174. Accordingly, it is ordered that, Commission’s Consumer and GENERAL RULES AND REGULATIONS
pursuant to the authority contained in Governmental Affairs Bureau, Reference
sections 1, 4(i), 4(j), 7(a), 301, 303(c), Information Center shall send a copy of ■ 1. The authority citation for part 2
303(f), 303(g), 303(r), 303(y), and 308 of this Report And Order, including the continues to read as follows:
the Communications Act of 1934, as final regulatory flexibility analysis, to
Authority: 47 U.S.C. 154, 302a, 303, and
amended, 47 U.S.C. 151, 154(i), 154(j), the Chief Counsel for Advocacy of the
336, unless otherwise noted.
157(a), 301, 303(c), 303(f), 303(g), 303(r), Small Business Administration, in
303(y), 308, this Report and Order is accordance with § 603(a) of the ■ 2. Section 2.106 is amended as
adopted. Regulatory Flexibility Act, 5 U.S.C. 601, follows:
175. It is further ordered that part 25 et seq. (1981).
■ a. Revise page 48.
of the Commission’s rules is amended as 179. It is further ordered that the
Commission shall send a copy of this ■ b. In the list of United States (US)
set forth in Appendix B. An
announcement of the effective date of Report and Order in a report to be sent Footnotes, add footnote US402.
these rule revisions will be published in to Congress and the General ■ c. In the list of Non-Federal
the Federal Register. Accountability Office pursuant to the Government (NG) Footnotes, revise
176. It is further ordered that from the Congressional Review Act, see 5 U.S.C. footnotes NG163 and NG167.
release date of this Order until a date 801(a)(1)(A). ■ d. In the list of Federal Government
and time designated by the International List of Subjects (G) Footnotes, revise footnote G117.
Bureau, no applications for authority to The additions and revisions read as
provide service to the United States 47 CFR Part 2 follows:
using the 17.3–17.7 GHz (space-to- Telecommunications,
Earth) and 24.75–25.25 GHz (Earth-to- § 2.106 Table of Frequency Allocations.
space) frequency bands or to provide 47 CFR Part 25 * * * * *
international satellite service using the Satellites. BILLING CODE 6712–01–P
BILLING CODE 6712–01–C United States (US) Footnotes US402 In the band 17.3–17.7 GHz,
* * * * * existing Federal satellites and associated
ER29AU07.120</GPH>
earth stations in the fixed-satellite service specified in §§ 25.140(b)(1) and (3) of programming service to consumers in
(Earth-to-space) are authorized to operate on this part. Alaska and Hawaii that is comparable to
a primary basis in the frequency bands and the video programming service provided
areas listed below. Receiving earth stations in * * * * *
(15) Each applicant for a space station to consumers in the 48 contiguous
the broadcasting-satellite service within the
bands and areas listed below shall not claim license in the 17/24 GHz BSS shall United States (CONUS) is not feasible as
protection from Federal earth stations in the include the following information as an a technical matter or that, while
fixed-satellite service. attachment to its application: technically feasible, such service would
(a) 17.600–17.700 GHz for stations within (i) Except as set forth in paragraph require so many compromises in
a 120 km radius of 38° 49′ N latitude and 76° (d)(15)(ii) of this section, an applicant satellite design and operation as to make
52′ W longitude. proposing to operate in the 17.3–17.7 it economically unreasonable.
(b) 17.375–17.475 GHz for stations within
a 160 km radius of 39° 42′ N latitude and GHz frequency band, must provide a * * * * *
104° 45′ W longitude. demonstration that the proposed space ■ 5. Amend § 25.115 by adding
station will comply with the power flux paragraph (g) to read as follows:
Non-Federal Government (NG) Footnotes density limits set forth in § 25.208(w) of
* * * * * this part. § 25.115 Applications for earth station
NG163 The allocation to the (ii) In cases where the proposed space authorizations.
broadcasting-satellite service in the band station will not comply with the power
17.3–17.7 GHz shall come into effect on 1
* * * * *
April 2007. Use of the 17.3–17.7 GHz band
flux density limits set forth in (g) Applications for feeder link earth
by the broadcasting-satellite service is § 25.208(w) of this part, the applicant stations operating in the 24.75—25.25
limited to geostationary satellite orbit will be required to provide a GHz band (Earth-to-space) and
systems. certification that all potentially affected providing service to geostationary
* * * * * parties acknowledge and do not object satellites in the 17/24 GHz BSS must
NG167 The use of the fixed-satellite to the use wof the applicant’s higher include, in addition to the particulars of
service (Earth-to-space) in the band 24.75– power flux densities. The affected operation identified on Form 312 and
25.25 GHz is limited to feeder links for the parties with whom the applicant must associated Schedule B, the information
broadcasting-satellite service in the band coordinate are those GSO 17/24 GHz
17.3–17.8 GHz. The allocation to the fixed- specified in either paragraph (g)(1) or
BSS satellite networks located up to 6 (g)(2) below for each earth station
satellite service (Earth-to-space) in the band away for excesses of up to 3 dB above
24.75–25.25 GHz shall come into effect on 1 antenna type:
April 2007.
the power flux-density levels specified
(1) A series of EIRP density charts or
in § 25.208(w) of this part, and up to 10
* * * * * tables, calculated for a production earth
away greater for excesses greater than 3
station antenna, based on measurements
Federal Government (G) Footnotes dB above those levels.
taken on a calibrated antenna range at
* * * * * (iii) In cases where the proposed 17/
25 GHz, with the off-axis EIRP envelope
G117 In the bands 7.25–7.75 GHz, 7.9–8.4 24 GHz BSS space station will be
set forth in paragraphs (g)(1)(i) through
GHz, 17.3–17.7 GHz, 17.8–21.2 GHz, 30–31 operated in the 17.3–17.7 GHz band, or
GHz, 33–36 GHz, 39.5–41 GHz, 43.5–45.5 (g)(1)(iv) of this section superimposed,
operated to provide international
GHz and 50.4–51.4 GHz, the Federal fixed- as follows:
service in the 17.7–17.8 GHz band, and
satellite and mobile-satellite services are cannot be located precisely at one of the (i) Showing off-axis co-polarized EIRP
limited to military systems. nominal 17/24 GHz BSS orbital spectral density in the azimuth plane,
locations specified in Appendix F of the for off-axis angles from minus 10° to
* * * * *
Report and Order, adopted May 2, 2007, plus 10° and from minus 180° to plus
PART 25—SATELLITE IB Docket No. 06–123, FCC 07–76, the 180°;
COMMUNICATIONS applicant must provide a demonstration (ii) Showing off-axis co-polarized
that the proposed space station will not EIRP spectral density in the elevation
■ 3. The authority citation for Part 25 cause more interference to other 17/24 plane, at off-axis angles from 0°to plus
continues to read as follows: GHz BSS satellite networks operating in 30°;
Authority: 47 U.S.C. 701–744. Interprets or compliance with the rules for this (iii) Showing off-axis cross-polarized
applies Sections 4, 301, 302, 303, 307, 309 service than if it were located at the EIRP spectral density in the azimuth
and 332 of the Communications Act, as precise 17/24 GHz BSS orbital location plane, at off-axis angles from minus 10°
amended, 47 U.S.C. Sections 154, 301, 302, from which its proposed location is to plus 10°; and
303, 307, 309 and 332, unless otherwise offset.
noted. (iv) Showing off-axis cross-polarized
(iv) An applicant proposing to EIRP spectral density in the elevation
provide international service in the plane, at off-axis angles from minus 10°
■ 4. Amend § 25.114 by revising
17.7–17.8 GHz band must demonstrate to plus 10°
paragraph (d)(7) and adding paragraphs
that it will meet the power flux density
(d)(15) and (d)(16) to read as follows: (2) A certification on Schedule B that
limits set forth in § 25.208(c) of this
part. the antenna conforms to the gain pattern
§ 25.114 Applications for space station
authorizations. (16) In addition to the requirements of criteria of §§ 25.209(a) and (b), that
paragraph (d)(15) of this section, each when combined with input power
* * * * * density (computed from the maximum
(d) * * * applicant for a license to operate a 17/
(7) Applicants for authorizations for 24 GHz BSS space station that will be on-axis EIRP density per carrier less the
space stations in the fixed-satellite used to provide video programming antenna gain entered in Schedule B),
service must also include the directly to consumers in the United demonstrates that the off-axis EIRP
information specified in §§ 25.140(b)(1) States, that will not meet the spectral density envelope set forth in
and (2) of this part. Applicants for requirements of § 25.225 of this part, §§ 25.223(b)(1) through (4) of this part
authorizations for space stations in the must include as an attachment to its will be met.
17/24 GHz broadcasting-satellite service application a technical analysis ■ 6. Amend § 25.121 by revising
must also include the information demonstrating that providing video paragraph (a) to read as follows:
§ 25.121 License term and renewals. from the nominal 17/24 GHz BSS orbital Space-to-Earth (GHz) Earth-to-space (GHz)
(a) License term. (1) Except for locations of the adjacent prior-
licenses for DBS space stations and 17/ authorized 17/24 GHz BSS space 19.7–20.2 10
24 GHz BSS space stations licensed as stations. In addition, any 17/24 GHz 37.5–40 15 16
broadcast facilities, licenses for facilities BSS satellite applicant that has reached 37.6–38.6
governed by this part will be issued for a coordination agreement with an 40–42 16
a period of 15 years. operator of another 17/24 GHz BSS 1 This band is shared coequally with terres-
(2) Licenses for DBS space stations satellite located up to ±10°away to allow trial radio communication service.
and 17/24 GHz BSS space stations that operator to exceed the pfd levels 2 Use of this band by geostationary satellite
licensed as broadcast facilities will be specified in the rules for this service, orbit satellite systems in the fixed-satellite
issued for a period of 8 years. Licenses must use those higher pfd levels for the service is limited to international systems; i.e.,
for DBS space stations not licensed as other than domestic systems.
purposes of this showing. 3 Fixed-satellite transponders may be used
broadcast facilities will be issued for a (c) Any space station applicant for a additionally for transmissions in the broad-
period of 10 years. space station authorization in the 17/24 casting-satellite service.
* * * * * GHz BSS must design its satellite 4 This band is shared on an equal basis with
network to be capable of operating with the Government radiolocation service and

■ 7. Amend § 25.132 by revising grandfathered space stations in the Tracking
paragraph (b)(3) to read as follows: another 17/24 GHz BSS satellite as close and Data Relay Satellite System.
as four degrees away from its 17/24 GHz 5 In this band, stations in the radionavigation
§ 25.132 Verification of earth station BSS satellite. service shall operate on a secondary basis to
antenna performance standards. the fixed-satellite service.
■ 9. Amend § 25.201 to add a definition
6 The band 18.58–18.8 GHz is shared co-
* * * * * in alphabetical order for ‘‘17/24 GHz
(b) * * * equally with existing terrestrial radio-
Broadcasting Satellite Service’’ to read communication systems until June 8, 2010.
(3) Applicants seeking authority to as follows: 7 The band 18.8–19.3 GHz is shared co-
use an antenna that does not meet the equally with terrestrial radiocommunication
standards set forth in §§ 25.209(a) and § 25.201 Definitions. services, until June 8, 2010. After this date,
(b) of this part, pursuant to the * * * * * the sub-band 19.26–19.3 GHz is shared co-
procedure set forth in § 25.220 or equally with existing terrestrial radio-
17/24 GHz Broadcasting-Satellite communication systems.
§ 25.223(c) of this part, are required to Service. A radiocommunications service 8 The use of the band 19.3–19.7 GHz by the
submit a copy of the manufacturer’s using geostationary satellites between fixed-satellite service (space-to-Earth) is lim-
range test plots of the antenna gain one or more feeder link earth stations ited to feeder links for the mobile-satellite
patterns specified in paragraph (b)(1) of and other earth stations, in the 17.3— service.
9 The use of the band 17.3–17.8 GHz by the
this section. 17.7 GHz (space-to-Earth) (domestic fixed-satellite service (Earth-to-space) is lim-
■ 8. Amend § 25.140 by revising allocation), 17.3—17.8 GHz ited to feeder links for broadcasting-satellite
paragraph (b)(2) and adding paragraphs (international allocation) and 24.75— service, and the sub-band 17.7–17.8 GHz is
(b)(3) and (c) to read as follows: 25.25 GHz frequency bands. This shared co-equally with terrestrial fixed serv-
ices.
service is also known as ‘‘17/24 GHz 10 This band is shared co-equally with the
§ 25.140 Qualifications of fixed-satellite BSS.’’ For purposes of the application
space station licensees. Federal Government fixed-satellite service.
processing provisions of this part, 17/24 11 The band 18.6–18.8 GHz is shared co-
(b) * * * GHz BSS is a GSO-like service. For equally with the non-Federal Government and
(2) Except as set forth in paragraph Federal Government Earth exploration-satellite
purposes of the technical requirements
(b)(3) of this section, all applicants must (passive) and space research (passive) serv-
of this part, we will treat 17/24 GHz BSS ices.
provide an interference analysis to
as if it were FSS. Unless specifically 12 Use of this band by non-geostationary
demonstrate the compatibility of their
stated otherwise, the 17/24 GHz BSS satellite orbit systems in the fixed-satellite
proposed system 2 from any authorized service is limited to gateway earth station op-
systems are subject to the rules in this
space station. An applicant should erations.
part applicable to FSS. 13 Use of this band by the fixed-satellite
provide details of its proposed r.f.
carriers which it believes should be * * * * * service is limited to non-geostationary satellite
■ 10. Amend § 25.202 by revising the orbit systems.
taken into account in this analysis. At 14 Use of this band by NGSO FSS gateway
a minimum, the applicant must include, table in paragraph (a)(1) and adding earth station uplink operations is subject to the
for each type of r.f. carrier, the link footnote 18 to paragraph (a)(1) and by provisions of § 2.106 NG53.
noise budget, modulation parameters, adding paragraph (a)(9), to read as 15 Use of this band by the fixed-satellite
and overall link performance analysis. follows: service is limited to ‘‘gateway’’ earth station
operations, provided the licensee under this
(See, e.g., appendices B and C to § 25.202 Frequencies, frequency tolerance Part obtains a license under Part 101 of this
Licensing of Space Stations in the and emission limitations. Chapter or an agreement from a Part 101 li-
Domestic Fixed-Satellite Service censee for the area in which an earth station
(a)(1) * * * is to be located. Satellite earth station facilities
(available at address in Sec. 0.445)).
in this band may not be ubiquitously deployed
(3) Applicants for licenses for Space-to-Earth (GHz) Earth-to-space (GHz) and may not be used to serve individual con-
satellites in the 17/24 GHz BSS must sumers.
provide an interference analysis of the 3.65–3.7 17 16 The band 37.5–40.0 GHz is designated
kind described in paragraph (b)(2) of 3.7–4.2 1 5.925–6.425 1 as being available for use by the fixed and
this section, except that the applicant 10.7–10.95 1 12 12.75–13.25 1 12 14 mobile services and the band 40.0–42.0 GHz
10.95–11.2 1 2 12 13.75–14 4 12 is designated as being available for use by the
must demonstrate the compatibility of fixed-satellite service.
its proposed system 4° from any current 11.2–11.45 1 12 14–14.2 5 17 FSS earth stations in this band must op-
11.45–11.7 1 2 12 14.2–14.5 erate on a secondary basis to terrestrial
or future authorized space station in the
11.7–12.2 3 17.3–17.8 9 radiocommunication services, except that the

17/24 GHz BSS that complies with the 12.2–12.7 13 24.75–25.05 18 band is shared co-equally between certain
technical rules in this part. The link 18.3–18.58 1 10 25.05–25.25 1 18 grandfathered earth stations and the terrestrial
budget must take into account 18.58–18.8 6 10 11 27.5–29.5 1 radiocommunication services.
longitudinal stationkeeping tolerances 18.8–19.3 7 10 29.5–30
and any existing orbital location offsets 19.3–19.7 8 10 47.2–50.2 1
18 Use of the band 24.75–25.25 GHz by the
either modify its proposed operations (3) In the region of the contiguous
fixed-satellite service (Earth-to-space) is lim- such that this value is not exceeded, or United States, located west of 100 West
ited to feeder links for space stations in the
broadcasting-satellite service, and the sub- enter into coordination with the affected Longitude: ¥121 dBW/m2/MHz.
band 25.05–25.25 GHz is shared co-equally FS licensee. (4) For all regions outside of the
with terrestrial fixed services. The allocation to ■ 12. Amend § 25.204 by revising
contiguous United States including
the fixed-satellite service (Earth-to-space) in Alaska and Hawaii: ¥115 dBW/m2/
the band 24.75–25.25 GHz shall come into ef- paragraph (g) to read as follows:
fect on 1 April 2007.
MHz.
§ 25.204 Power limits. ■ 14. Amend § 25.209 by revising
* * * * * * * * * * paragraph (c) to read as follows:
(9) The following frequencies are
(g) All earth stations in the Fixed § 25.209 Antenna performance standards.
available for use by the Broadcasting-
Satellite Service in the 20/30 GHz band,
Satellite Service after 1 April 2007: * * * * *
and feeder link earth stations operating
17.3–17.7 GHz (space-to-Earth) (c) (1) Earth station antennas licensed
in the 24.75–25.25 GHz band (Earth-to-
17.7–17.8 GHz (space-to-Earth) for reception of radio transmissions
space) and providing service to
from a space station in the fixed-satellite
Note 1 to Paragraph (a)(9): Use of the 17.3– geostationary satellites in the 17/24 GHz
17.7 GHz band by the broadcasting-satellite
service are protected from radio
BSS, shall employ uplink adaptive
service is limited to geostationary satellite interference caused by other space
power control or other methods of fade
orbit systems. stations only to the degree to which
compensation such that the earth station harmful interference would not be
Note 2 to Paragraph (a)(9): Use of the 17.7– transmissions shall be conducted at the expected to be caused to an earth station
17.8 GHz band (space-to-Earth) by the power level required to meet the desired employing an antenna conforming to the
broadcasting-satellite service is limited to link performance while reducing the referenced patterns defined in
transmissions from geostationary satellite level of mutual interference between paragraphs (a) and (b) of this section,
orbit systems to receiving earth stations networks. and protected from radio interference
located outside of the United States and its * * * * *
Possessions. In the United States and its
caused by terrestrial radio transmitters
Possessions, the 17.7–17.8 GHz band is ■ 13. Amend § 25.208 by revising identified by the frequency coordination
allocated on a primary basis to the Fixed paragraph (c) and adding paragraph (w) process only to the degree to which
Service. to read as follows: harmful interference would not be
expected to be caused to an earth station
* * * * * § 25.208 Power flux density limits. conforming to the reference pattern
■ 11. Amend § 25.203 by adding * * * * * defined in paragraph (a)(2) of this
paragraph (l) to read as follows: (c) In the 17.7–17.8 GHz, 18.3–18.8 section.
GHz, 19.3–19.7 GHz, 22.55–23.00 GHz, (2) 17/24 GHz BSS telemetry earth
§ 25.203 Choice of sites and frequencies. stations are protected from harmful
23.00–23.55 GHz, and 24.45–24.75 GHz
* * * * * frequency bands, the power flux density interference caused by other space
(l) Applicants for feeder link earth at the Earth’s surface produced by stations to the extent set forth in
station facilities operating in the 25.05– emissions from a space station for all paragraph (c)(1) of this section. Receive-
25.25 GHz band may be licensed only in conditions for all methods of only earth stations in the 17/24 GHz
Economic Areas where no existing FS modulation shall not exceed the BSS are protected from harmful
licensee has been authorized, and shall following values: interference caused by other space
coordinate their operations with 24 GHz (1) ¥115 dB (W/m2) in any 1 MHz stations to the extent set forth in
fixed service operations if the power band for angles of arrival between 0 and § 25.224 of this part.
flux density of their transmitted signal 5 degrees above the horizontal plane. * * * * *
at the boundary of the fixed service ■ 15. Amend § 25.210 by revising
(2) ¥115 + 0.5 (d-5) dB (W/m2) in any
license area is equal to or greater than paragraphs (f) and (i) to read as follows:
1 MHz band for angles of arrival d (in
¥114 dBW/m2 in any 1 MHz.
degrees) between 5 and 25 degrees
(1) When uplink adaptive power § 25.210 Technical requirements for space
above the horizontal plane. stations in the Fixed-Satellite Service.
control is used, the EIRP used for
(3) ¥105 dB (W/m2) in any 1 MHz
calculation of the power flux density * * * * *
band for angles of arrival between 25 (f) All space stations in the Fixed
level should be the maximum possible,
and 90 degrees above the horizontal Satellite Service in the 3600–3700 MHz,
taking into account the adaptive power
plane. 3700–4200 MHz, 5091–5250 MHz,
increase.
(2) The power flux density levels * * * * * 5825–5925 MHz, 5925–6425 MHz,
should be calculated based on the actual (w) The power flux density at the 6425–6525 MHz, 6525–6700 MHz,
off-axis gain characteristics of the earth Earth’s surface produced by emissions 6700–7025 MHz, 10.7–10.95 GHz,
station antenna, and should assume free from a 17/24 GHz BSS space station 10.95–11.2 GHz, 11.2–11.45 GHz,
space propagation conditions. operating in the 17.3–17.7 GHz band for 11.45–11.7 GHz, 11.7–12.2 GHz, 12.2–
(3) When determining whether the all conditions, including clear sky, and 12.7 GHz, 12.75–13.15 GHz, 13.15–
power flux density threshold limit is for all methods of modulation shall not 13.2125 GHz, 13.2125–13.25 GHz,
exceeded at the 24 GHz FS licensing exceed the regional power flux density 13.75–14.0 GHz, 14.0–14.5 GHz, 15.43–
boundary, a feeder link earth station levels defined below. 15.63 GHz, and 24.75–25.25 GHz bands,
applicant must take into account not (1) In the region of the contiguous or in the Broadcasting-Satellite Service
only the transmissions from its own United States, located south of 38° in the 17.3–17.8 GHz band (space-to-
antenna(s), but also those from any North Latitude and east of 100 West Earth), shall employ state-of-the-art full
previously authorized feeder link earth Longitude: ¥115 dBW/m2/MHz. frequency reuse either through the use
stations. Thus, if the cumulative power (2) In the region of the contiguous of orthogonal polarizations within the
flux density level at the FS license United States, located north of 38° same beam and/or the use of spatially
boundary is in excess of ¥114 dBW/m2/ North Latitude and east of 100° West independent beams.
MHz, the earth station applicant must Longitude: ¥118 dBW/m2/MHz. * * * * *
(i)(1) Space station antennas in the § 25.212 Narrowband analog § 25.223 Off-axis EIRP spectral density
Fixed-Satellite Service, other than transmissions, digital transmissions, and limits for feeder link earth stations in the 17/
video transmissions in the GSO Fixed- 24 GHz BSS.
antennas in the 17/24 GHz BSS, must be
Satellite Service.
designed to provide a cross-polarization (a) This section applies to all
isolation such that the ratio of the on * * * * *
(f) In the 24.75–25.25 GHz band, an applications for earth station licenses in
axis co-polar gain to the cross-polar gain the 17/24 GHz BSS frequency bands,
earth station that meets the antenna gain
of the antenna in the assigned frequency pattern requirements set forth in except for applications in which the
band shall be at least 30 dB within its §§ 25.209(a) and (b) of this part may be proposed antenna does not conform to
primary coverage area. routinely licensed if the maximum the standards of §§ 25.209(a) and (b),
(2) Space station antennas in the 17/ power density into the antenna does not and/or the proposed power density
24 GHz Broadcasting Satellite Service exceed 3.5 dBW/MHz. levels are in excess of those specified in
must be designed to provide a cross- ■ 17. Amend § 25.220 by revising § 25.212(f) of this part.
polarization isolation such that the ratio paragraph (a)(1) introductory text to (b) All applications for earth station
of the on axis co-polar gain to the cross- read as follows: licenses in the 24.75–25.25 GHz portion
polar gain of the antenna in the assigned § 25.220 Non-conforming transmit/receive of 17/24 GHz BSS shall be routinely
frequency band shall be at least 25 dB earth station operations. processed if they meet the following
within its primary coverage area. (a)(1) This section applies to earth requirements:
* * * * * station applications other than ESV and (1) 17/24 GHz BSS earth station
■ 16. Amend § 25.212 by adding 17/24 GHz BSS feeder link applications antenna off-axis EIRP spectral density
in which: for co-polarized signals shall not exceed
paragraph (f) to read as follows:
■ 18. Section 25.223 is added to read as the following values, within ±3° of the
follows: GSO arc, under clear sky conditions:
32.5–25log(q) .................................................... dBW/MHz ........................................................ for 2° ≤ q ≤ 7°

11.4 ................................................................... dBW/MHz ........................................................ for 7° ≤ q ≤ 9.2°
35.5–25log(q) .................................................... dBW/MHz ........................................................ for 9.2° ≤ q ≤ 48°
3.5 ..................................................................... dBW/MHz ........................................................ for 48° ≤ q ≤ 180°
Where q is the angle in degrees from the (2) 17/24 GHz BSS earth station the following values, for all directions
axis of the main lobe. antenna off-axis EIRP spectral density other than within ±3° of the GSO arc,
for co-polarized signals shall not exceed under clear sky conditions:
35.5–25log(q) .................................................... dBW/MHz ........................................................ for 2° ≤ q ≤ 7°

14.4 ................................................................... dBW/MHz ........................................................ for 7° ≤ q ≤ 9.2°
38.5–25log(q) .................................................... dBW/MHz ........................................................ for 9.2° ≤ q ≤ 48°
6.5 ..................................................................... dBW/MHz ........................................................ for 48° ≤ q ≤ 180°
Where q is the angle in degrees from the provided that the total angular range for cross-polarized signals shall not
axis of the main lobe. over which this occurs does not exceed exceed the following values, in all
20° when measured along both sides of directions greater than +3 relative to the
(3) The values given in paragraphs (b) the GSO arc. GSO arc, under clear sky conditions:
(1) and (2) of this section may be (4) 17/24 GHz BSS earth station
exceeded by 3 dB, for values of q > 10°, antenna off-axis EIRP spectral density
22.5–25log(q) .................................................... dBW/MHz ........................................................ for 2° ≤ q ≤ 7°

1.4 ..................................................................... dBW/MHz ........................................................ for 7° ≤ q ≤ 9.2°
Where is the angle in degrees from the axis intends to resolve those margin short excess of the limits defined above shall
of the main lobe. falls; be permitted.
(c) Notwithstanding § 25.220 of this (3) Certify that all potentially affected (d) Licensees authorized pursuant to
part, each applicant for earth station parties acknowledge and do not object paragraph (c) of this section shall bear
license(s) that proposes levels in excess to the use of the applicant’s higher the burden of coordinating with any
of those defined in paragraph (b) of this power densities. For proposed power future applicants or licensees whose
section shall: levels less than or equal to 3 dB in proposed compliant operations at 10
(1) Submit link budget analyses of the excess of the limits defined above, the degrees or smaller orbital spacing, as
operations proposed along with a affected parties shall be those co- defined by paragraph (b) of this section,
detailed written explanation of how frequency U.S. licensed 17/24 GHz BSS is potentially or actually adversely
each uplink and each transmitted satellite networks that are located at affected by the operation of the non-
satellite carrier density figure is derived; angular separations of up to ±6° away; compliant licensee. If no good faith
(2) Submit a narrative summary for power levels greater than 3 dB and agreement can be reached, however, the
which must indicate whether there are less than or equal to 6 dB in excess of non-compliant licensee shall reduce its
margin shortfalls in any of the current the limits defined above, affected parties earth station EIRP spectral density
baseline services as a result of the shall be all those co-frequency U.S. levels to be compliant with those
addition of the applicant’s higher power licensed operators at up to ±10° away. specified in paragraph (b) of this
service, and if so, how the applicant No power levels greater than 6 dB in section.
(e) For earth stations employing confidence level of 90 percent except operating in the 17/24 GHz
uplink power control, the values in over transient periods accounting for no broadcasting-satellite service can claim
paragraphs (b) (1), (2), and (4) of this more than 0.5% of the time during no greater protection from interference
section may be exceeded by up to 20 dB which the excess is no more than 4.0 than they would receive if the
under conditions of uplink fading due dB. equivalent antenna diameter were equal
to precipitation. The amount of such ■ 19. Section 25.224 is added to read as to or greater than 45 cm and the antenna
increase in excess of the actual amount follows: meets the co-polar and cross-polar
of monitored excess attenuation over performance patterns represented by the
clear sky propagation conditions shall § 25.224 Protection of receive-only earth following set of formulas (adopted in
not exceed 1.5 dB or 15% of the actual stations in the 17/24 GHz BSS. Recommendation ITU–R BO.1213–1,
amount of monitored excess attenuation (a) Notwithstanding § 25.209(c) of this dated November 2005) that are valid for
in dB, whichever is larger, with a part, receive-only earth stations D/λ ≥ 11:
BILLING CODE 6712–01–C (b) Paragraph (a) of this section does earth stations. Those earth stations are
not apply to 17/24 GHz BSS telemetry subject to the antenna performance
ER29AU07.121</GPH>
standards of §§ 25.209(a) and (b) of this (1) If the licensee’s operations exceed provisions within these rules, a licensee
part. the power flux-density limits set forth in or permittee of a direct broadcast
■ 20. Section 25.225 is added to read as § 25.208(w) of this part by 3 dB or less, satellite station operating as a
follows: the licensee shall bear the burden of broadcaster must comply with the equal
coordinating with any future applicants employment opportunity requirements
§ 25.225 Geographic Service or licensees proposing a satellite in set forth in part 73.
Requirements for 17/24 GHz Broadcasting compliance with power flux-density
Satellite Service. ■ 23. Amend § 25.701 by revising
limits set forth in § 25.208(w) of this paragraph (a)(3) and adding paragraphs
(a) Each operator of a 17/24 GHz BSS part and located within ± 6 degrees of (a)(4) and (a)(5) to read as follows:
space station that is used to provide the licensee’s satellite.
video programming directly to (2) If the licensee’s operations exceed § 25.701 Public interest obligations.
consumers in the 48 contiguous United the power flux-density limits set forth in
(a) * * *
States (CONUS) must provide § 25.208(w) of this part by more than 3
dB, the licensee shall bear the burden of (3) Non U.S. licensed satellite
comparable service to Alaska and
coordinating with any future applicants operators in the Ku band that offer video
Hawaii, unless such service is not
or licensees proposing a satellite in programming directly to consumers in
technically feasible or not economically
compliance with power flux-density the United States pursuant to an earth
reasonable from the authorized orbital
limits set forth in § 25.208(w) of this station license issued under part 25 of
location.
part and located within ± 10 degrees of this title and that offer a sufficient
(b) Each operator of a 17/24 GHz BSS number of channels to consumers so
space station subject to paragraph (a) of the licensee’s satellite.
(3) If no good faith agreement can be that four percent of the total applicable
this section must design and configure programming channels yields a set aside
its space station to be capable of reached, the operator of the 17/24 GHz
satellite that does not comply with of one channel of noncommercial
providing service to Alaska and Hawaii, programming pursuant to paragraph (e)
that is comparable to the service that § 25.208(w) of this part shall reduce its
space station power flux-density levels of this section, or
such satellites will provide to CONUS
subscribers, from any orbital location to be compliant with those specified in (4) Entities licensed to operate
capable of providing service to either § 25.208(w) of this part. satellites in the 17/24 GHz BSS that
(b) Any space station licensee offer video programming directly to
Alaska or Hawaii to which it may be
operating a space station in the 17/24 consumers or that sell or lease capacity
located or relocated in the future.
GHz BSS, and required to provide to a video programming distributor that
(c) If an operator of a 17/24 GHz BSS information in its application pursuant offers service directly to consumers
space station that is used to provide to § 25.114(d)(15)(iii) of this part, must providing a sufficient number of
video programming directly to accept any increased interference that channels so that four percent of the total
consumers in the United States relocates may result from adjacent 17/24 GHz applicable programming channels yields
or replaces a 17/24 GHz BSS space BSS space stations that are operating in a set aside of at least one channel of
station at a location from which service compliance with the rules for this noncommercial programming pursuant
to Alaska and Hawaii had been service. to paragraph (e) of this section, or
provided by another 17/24 GHz BSS
■ 22. Section 25.601 is revised to read (5) Non U.S. licensed satellite
space station, the operator must use a
as follows: operators in the 17/24 GHz BSS that
space station capable of providing at
least the same level of service to Alaska § 25.601 Equal employment opportunities. offer video programming directly to
and Hawaii as previously provided from consumers in the United States or that
Notwithstanding other EEO
that location. sell or lease capacity to a video
provisions within these rules, an entity
programming distributor that offers
■ 21. Section 25.262 is added to read as that uses an owned or leased fixed-
service directly to consumers in the
follows: satellite service or direct broadcast
United States pursuant to an earth
satellite service or 17/24 GHz
§ 25.262 Space station coordination station license issued under part 25 of
broadcasting-satellite service facility
requirements in the 17/24 GHz BSS. this title and that offer a sufficient
(operating under this part) to provide
(a) Any space station licensee video programming directly to the number of channels to consumers so
operating a space station in the 17/24 public on a subscription basis must that four percent of the total applicable
GHz BSS, and required to provide comply with the equal employment programming channels yields a set aside
information in its application pursuant opportunity requirements set forth in of one channel of noncommercial
to § 25.114(d)(15)(ii) of this part, shall part 76, subpart E, of this chapter, if programming pursuant to paragraph (e)
bear the burden of coordinating with such entity exercises control (as defined of this section.
any future co-frequency applicants or in part 76, subpart E, of this chapter) * * * * *
licensees under the following over the video programming it [FR Doc. E7–16575 Filed 8–28–07; 8:45 am]
circumstances: distributes. Notwithstanding other EEO BILLING CODE 6712–01–P

Rule: Common Carrier Services: Satellite Communications&#8212 Broadcasting-Satellite Service Policies and Service Rules

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Wednesday,

August 29, 2007

32.5–25log(q) .................................................... dBW/MHz ........................................................ for 2° ≤ q ≤ 7°

35.5–25log(q) .................................................... dBW/MHz ........................................................ for 2° ≤ q ≤ 7°

22.5–25log(q) .................................................... dBW/MHz ........................................................ for 2° ≤ q ≤ 7°

(a) 17.600–17.700 GHz for stations within

network to be capable of operating with the Government radiolocation service and

11.7–12.2 3 17.3–17.8 9 radiocommunication services, except that the

32.5–25log(q) .................................................... dBW/MHz ........................................................ for 2° ≤ q ≤ 7°

35.5–25log(q) .................................................... dBW/MHz ........................................................ for 2° ≤ q ≤ 7°

22.5–25log(q) .................................................... dBW/MHz ........................................................ for 2° ≤ q ≤ 7°

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