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Dated: October 1, 2019. FOR FURTHER INFORMATION CONTACT: reduce the regulatory burdens on Ann C. Agnew, Cindy Spiers, 202–418–1593. ESIMs. First, we reorganize and Executive Secretary to the Department, SUPPLEMENTARY INFORMATION: This is a consolidate the sections in part 25 of the Department of Health and Human Services. summary of the Commission’s Report Commission’s rules, including technical [FR Doc. 2019–21865 Filed 10–7–19; 8:45 am] and Order (R&O), IB Docket No. 17–95, and operational as well as application BILLING CODE 4120–01–C FCC 18–138, adopted on September 26, rules, for the three types of Fixed- 2018, and released on September 27, Satellite Service (FSS) earth stations 2018. The full text of this document is that the Commission authorizes to FEDERAL COMMUNICATIONS available at https://apps.fcc.gov/edocs_ transmit while in motion: Earth Stations COMMISSION public/attachmatch/FCC-18-138A1.pdf. on Vessels (ESVs), Vehicle-Mounted The full text of this document is also Earth Stations (VMESs), and Earth 47 CFR Parts 2 and 25 available for inspection and copying Stations Aboard Aircraft (ESAAs), collectively known as ESIMs. Second, [IB Docket No. 17–95; FCC 18–138] during business hours in the FCC Reference Information Center, Portals II, we amend our rules to allow the Earth Stations in Motion 445 12th Street SW, Room CY–A257, operation of ESIMs in the conventional Washington, DC 20554. To request Ka-band. Specifically, our rules apply to AGENCY: Federal Communications materials in accessible formats for ESIMs communicating with Commission. people with disabilities, send an email geostationary-orbit (GSO) FSS space ACTION: Final rule. to [email protected] or call the Consumer stations operating in 18.3–18.8 GHz and & Governmental Affairs Bureau at 202– 19.7–20.2 GHz (space-to-Earth), and SUMMARY: In this document, the Federal 418–0530 (voice), 202–418–0432 (TTY). 28.35–28.6 GHz and 29.25–30.0 GHz Communications Commission (Earth-to-space) frequency bands. The (Commission) amends its rules to Paperwork Reduction Act new rules create regulatory equity by facilitate the deployment of earth This document contains new and adopting a regulatory regime for ESIM stations in motion (ESIMs) modified information collection operations in the conventional Ka-band communicating with geostationary requirements. The Commission has similar to that which currently exists in (GSO) fixed-satellite service (FSS) received approval from the Office of the conventional C-band, the satellite systems. Management and Budget (OMB) for the conventional Ku-band, and in portions DATES: This rule is effective: October 8, information collection requirements of the extended Ku-band.1 2019. contained in this document, as required Report and Order ADDRESSES: You may submit comments, by the Paperwork Reduction Act of identified by IB Docket No. 17–95, by 1995, Public Law 104–13. OMB Commenters generally applaud the any of the following methods: approval was received on July 17, 2019 Commission for its decision to • Federal Communications for OMB control number 3060–0678. In consolidate ESIMs regulations into a Commission’s Website: http:// addition, we previously sought single rule section.2 AC BidCo urges the apps.fcc.gov/ecfs. Follow the comments from the public on how the Commission to implement these instructions for submitting comments. Commission might further reduce the revisions to eliminate redundancy in its • People with Disabilities: Contact the information collection burden for small rules and provide a unified framework FCC to request reasonable business concerns with fewer than 25 accommodations (accessible format employees pursuant to the Small 1 The ‘‘conventional C-band’’ refers to the 3700– documents, sign language interpreters, Business Paperwork Relief Act of 2002, 4200 MHz (space-to-Earth) and 5925–6425 MHz CART, etc.) by email: [email protected] (Earth-to-space) FSS frequency bands. See 47 CFR Public Law 107–198, see 44 U.S.C. 25.103. The ‘‘conventional Ku-band’’ refers to the or phone: 202–418–0530 or TTY: 202– 3506(c)(4). 11.7–12.2 GHz (space-to-Earth) and 14.0–14.5 GHz 418–0432. (Earth-to-space) FSS frequency bands, and the For detailed instructions for Synopsis ‘‘extended Ku-band’’ refers to the 10.95–11.2 GHz, submitting comments and additional In this Report and Order (R&O), the 11.45–11.7 GHz, and 13.75–14.0 GHz bands. 2 See, e.g., Boeing Comments at 1; Inmarsat information on the rulemaking process, Commission simplifies its rules to Comments at 8; Joint Commenters of Kymeta see the SUPPLEMENTARY INFORMATION facilitate the continued deployment of Corporation and Intelsat License LLC (Joint section of this document. Earth Stations in Motion (ESIMs) and Comments) at 1; and ViaSat Comments at 1.

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for all ESIM operations.3 Many to refer to the type of satellite service in ESIMs in the conventional C-, Ku-, or commenters also support the proposed which the earth station operates, i.e., Ka-band,16 except for applications technical and operational changes. FSS or MSS rather than the type of earth proposing transmission of analog Several parties support extending the station, i.e., fixed or mobile.10 Changing command signals at a band edge with routine licensing of ESIMs into the Ka- the earth-station categorization in this bandwidths greater than 1 MHz or band.4 Iridium, however, expresses definition to FSS and MSS better transmission of any other type of analog concerns with this proposal,5 which are reflects the types of stations that can be signals with bandwidths greater than addressed below. As discussed in this licensed to operate anywhere in a 200 kHz.17 Section 25.218 contains off- decision, we generally adopt many of geographic area specified in the license. axis equivalent isotropically radiated the changes proposed in the ESIMS Additionally, we adopt other minor power (EIRP) density envelopes for FSS NPRM. rewording for clarity. earth stations transmitting to GSO FSS We proposed to bring all the Definition of Network Control and space stations in the conventional C- technical, operational and coordination Monitoring Center (NCMC). We also band, extended C-band, conventional requirements for blanket licensed-ESV, adopt the proposed definition of Ku-band, or extended Ku-band.18 Earth VMES and ESAA earth stations that are Network Control and Monitoring Center stations in these frequency bands that 11 linked to GSO FSS space stations under in § 25.103. An NCMC, as used in the comply with these envelopes are one umbrella rule section, § 25.228, part 25 rules, is a facility that has the considered ‘‘two-degree-spacing applicable to ESIMs generally. We capability to remotely control earth compliant,’’ and the operators of their grouped ESIM requirements into the stations operating as part of a satellite 12 target space stations are not required to following categories: (1) Core rules (i.e. network or system. coordinate the operation of these earth those applicable to all ESIMs); (2) Eliminating Cross-References in stations with operators of nearby space vehicle-type specific 6 rules that apply Revised Definitions. We revise the stations. As proposed in the NPRM,19 across multiple frequency bands; (3) definitions of VMES and ESAA to we merge the off-axis EIRP density frequency-band specific status and eliminate cross-references to rule provisions of § 25.138 into § 25.218, coordination rules; and (4) vehicle-type sections (§§ 25.226 and 25.227 specific rules that apply to a single respectively) that we are deleting in this thus extending the applicability of Report and Order.13 Similarly, any § 25.218 to conventional Ka-band GSO frequency band. In this Order, we adopt 20 changes within all of these subparts to cross-references to those deleted FSS earth stations. Commenters accomplish our goal of simplifying and sections elsewhere in the rules are support adoption of a consolidated rule streamlining the ESIMs rules. deleted as well.14 Furthermore, we that eliminates duplicative references to Following the structure of the ESIMs revise the definitions of routine the off-axis EIRP spectral density limits NPRM, we first address proposals processing and a two-degree compliant and that would apply a single set of involving changes in more than one rule space station in § 25.103 to remove a limits across all types of FSS earth section and then address proposed cross-reference to § 25.138(a), because station, including those on mobile changes in the remaining rules in the we are consolidating § 25.138(a) into platforms.21 order in which they appear in part 25. § 25.218(i), as explained below. Similarly, for organizational Definitions Incorporating § 25.138 Into § 25.218, coherence, the Commission proposed and Extending the Applicability of making the conventional Ka-band As proposed in the ESIMs NPRM, we requirements in § 25.138(f), which hold amend several current definitions and § 25.218 to the Conventional Ka-Band and ESIMs blanket licensees responsible for add new definitions to our rules to operations of transceivers operating provide greater clarity regarding the In the ESIMs NPRM, the Commission under their license, applicable to earth operation of earth stations in motion proposed moving the conventional Ka- station licensees in all frequency 7 with GSO FSS space stations. In band provisions from § 25.138 into bands.22 We will place this requirement response to the proposed changes to the similar paragraphs of § 25.218.15 The in new § 25.290,23 and eliminate the definitions in the NPRM, commenters Commission also proposed applying uniformly support the changes § 25.218 to all applications for fixed and 16 See 47 CFR 25.103. The ‘‘extended C-band’’ discussed below. temporary-fixed FSS earth stations refers to the 600–3700 MHz (space-to-Earth), 5850– Definition of ESIMs. We adopt a transmitting to geostationary space 5925 MHz (Earth-to-space), and 6425–6725 MHz definition for ESIMs in § 25.103.8 ESIM stations in the conventional or extended (Earth-to-space) FSS frequency bands, and the is defined to mean a term that ‘‘conventional Ka-band’’ refers to the 18.3–18.8 GHz C-band or Ku-band, or the conventional (space-to-Earth), 19.7–20.2 GHz (space-to-Earth), collectively designates ESVs, VMESs Ka-band, and to all applications for 28.35–28.6 GHz (Earth-to-space), and 29.25–30.0 and ESAAs, which are already defined GHz (Earth-to-space) frequency bands, which the 9 in § 25.103. 10 NPRM, 32 FCC Rcd at 4242–43, para. 10. Commission has designated as primary for GSO FSS Revised Definition of Blanket License. 11 Id. at 4243, para. 11. operation. Id. 17 We adopt the proposal to change the 12 As such, an NCMC would constitute a ‘‘remote Id. at para. 18. definition of Blanket License in § 25.103 control point’’ as that term is used in the part 25 18 We note that the rules do not currently provide rules (see, e.g., 47 CFR 25.271(b), 25.272(d)(1)). for ESIM operations in the extended C- band. 13 The technical and operational rules in 19 NPRM, 32 FCC Rcd at 4243–44, para. 15. 3 AC BidCo Comments at 2. AC BidCo holds an §§ 25.226 and 25.227 are being consolidated in 20 See 47 CFR 25.218(i). This consolidation of ESAA license that is used by its affiliate Gogo Inc § 25.228, and the application rules are being rules does not involve any change to existing off- to provide inflight connectivity and wireless consolidated in § 25.115. See paras. 0–0 and 67–0 axis EIRP spectral density limits. entertainment services for commercial and business infra. 21 See, e.g., Boeing Comments at 3; Inmarsat fleets around the world. Id. at 1–2. 14 While we also moved the §§ 25.221 and 25.222 Comments at 3; and ViaSat Comments at 5–6. 4 See, e.g., Inmarsat Reply Comments at 1. operating requirements for ESVs under the same 22 NPRM, 32 FCC Rcd at 4244, para. 17. 5 Iridium Comments at 12. umbrella that covers VMESs and ESAAs (i.e., the 23 In the NPRM, we proposed placing the 6 ‘‘Vehicle-type specific’’ means applicable only umbrella of the proposed § 25.228 for ESIMs), the requirements in new § 25.289. See NPRM, 32 FCC to ESAA, to ESV, or to VMES. § 25.103 definition of ESVs does not need to be Rcd at 4244 para. 17. Because the Commission 7 See NPRM, 32 FCC Rcd at 4242–43, paras. 8– revised to eliminate any outdated cross-references subsequently used § 25.289 to adopt rules governing 14. because it does not now contain any cross- the protection of GSO networks by NGSO systems, 8 47 CFR 25.103. references. we instead adopt these requirements as part of new 9 Id. 15 NPRM, 32 FCC Rcd at 4243–44, para. 15. § 25.290.

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cross-reference to § 25.138.24 The pointing accuracy requirement, because above,37 these limits are specified at off- Commission proposed that § 25.290 the limit on off-axis EIRP density axis angles measured with respect to a would also include the rule contained toward adjacent satellites is fixed vector from the earth station to the in § 25.287(d), which imposes the same regardless of the direction in which the target satellite, not with respect to the requirement on licensees of mobile earth station antenna is pointed.32 direction the antenna is pointed. Thus, transmitters or transceivers operating in Therefore, the Commission proposed to it is unnecessary for the Commission to some Mobile-Satellite Service eliminate the antenna pointing accuracy prescribe limits on ESIM antenna frequencies, allowing that that requirement contained in the individual pointing accuracy. By eliminating the § 25.287(d) be removed.25 Commenters ESV, VMES, and ESAA rules in antenna pointing accuracy requirement broadly support these streamlining §§ 25.221, 25.222, 25.226, and 25.227.33 but maintaining the off-axis EIRP reorganizational moves which we Most commenters support eliminating density limits, we give ESIM operators adopt.26 this requirement.34 ViaSat notes that it more flexibility in anomalous situations, because they can meet the off-axis EIRP Reorganizing and Streamlining the is now well-established in the industry density limits either by maintaining Technical, Operational and and in the Commission’s precedent that accurate antenna pointing or by Coordination Requirements GSO FSS spectrum resources can be used for service to mobile platforms reducing EIRP density when the Core ESIM Rules without adversely changing the antenna is mispointed, while continuing In the ESIMs NPRM, the Commission operating environment created by a to protect adjacent-band operations.38 sought comment on combining the core traditional FSS earth station.35 ViaSat Off-Axis EIRP Density Limits. In the ESIMs rules that were essentially the further states that ‘‘commercially ESIMs NPRM, the Commission noted same for each type of ESIM.27 As both available pointing mechanisms enable that the off-axis EIRP density limits rule, Boeing and the Joint Commenters note, transmissions from these earth stations § 25.218, applied to applications for the ‘‘core’’ rules governing ESVs, to remain focused on the desired GSO GSO FSS earth stations at fixed VMESs, and ESAAs are nearly but not FSS space station even while the earth locations, but specifically excepted quite identical, which creates station is mounted on a moving applications for ESVs, VMESs, and 39 unnecessary confusion for applicants platform. These technologies have been ESAAs. However, the numerical EIRP and operators.28 The Commission proven to be reliable through almost two density limits over each specified proposed to amend the core rules, decades of successful coexistence.’’ 36 angular range and the definition of q in where necessary, to create uniformity. We adopt the proposal to eliminate § 25.218 are the same as those for the Specifically, for rules related to the the antenna pointing requirement. ESIM same frequency bands in the individual Commission’s GSO FSS two-degree transmissions must remain within our ESIM §§ 25.221, 25.222, 25.226, and orbital spacing policy, control of off-axis EIRP density limits under all 25.227. Thus, to streamline the ESIMs operating ESIMs, operational reports, operating conditions. As discussed rules, we cross-reference the off-axis and electromagnetic radiation safety, the EIRP density limits that already exist in § 25.218. And because the conventional Commission proposed substantive 32 NPRM, 32 FCC Rcd at 4246, para. 22 changes in some cases to eliminate (referencing Comprehensive Review of Licensing Ka-band off-axis EIRP density limits unnecessary variations across types of and Operating Rules for Satellite Services, IB currently in § 25.138 are merged into ESIMs.29 As proposed in the NPRM, we Docket No. 12–267, Second Report and Order, 30 § 25.218, we only need to cross- FCC Rcd 14713, 14755, para. 115 (2015) (2015 reference § 25.218 to cover all of the also eliminate unnecessary duplication Second Report and Order)). This is the same as the of rules across different rule sections.30 approach taken by the ITU in Resolution 156 frequency bands in which our rules These changes are widely applauded by (WRC–15), which prescribes the operating provide for ESIM operations. Most commenters.31 In the discussion to conditions for ESIMs communicating with FSS commenters are in favor of these space stations in the 19.7–20.2 GHz and 29.5–30 40 follow, we explain the substantive changes. GHz frequency bands. In that resolution, the off-axis One commenter, CTIA, expresses changes to the following areas of our angle theta is defined as the angle ‘‘from the vector ESIM rules: (1) Antenna pointing from the earth station antenna to the associated concern that relaxing the off-axis EIRP satellite.’’ See Final Acts of WRC–15 at 248. density limits may unintentionally limit accuracy requirements, (2) EIRP density Resolution 156 does not contain any antenna limits, (3) the self-monitoring (self- the ability for FSS and Upper pointing accuracy requirements, because its off-axis Microwave Flexible Use Service EIRP density limits, like those in § 25.218 of the diagnostics) requirement, (4) the 41 network control and monitoring center Commission’s rules, are independent of the (UMFUS) to coexist. CTIA asserts that direction the ESIM antenna is pointed. See id. at knowledge of the precise off-axis EIRP requirement, (5) logging requirements, 4246, fn. 33. density from an FSS earth station is a and (6) the installation requirements 33 NPRM, 32 FCC Rcd at 4246, para. 22. As noted key component in determining the related to radiation safety. in the NPRM, the definition of theta was revised by interference margin between ESIMs in Antenna Pointing Accuracy the 2015 Second Report and Order. The definition Requirement. As explained in the ESIMs in §§ 25.221, 25.222, 25.226, and 25.227 paragraph the presence of terrestrial operations in (a)(1)(i)(A) formerly read ‘‘theta (q) is the angle in the adjacent spectrum bands.42 CTIA’s NPRM, the definition of theta as revised degrees from the line connecting the focal point of by the 2015 Second Report and Order concerns, however, are misplaced since the antenna to the orbital location of the target the Commission is not relaxing the off- obviates the need for an antenna satellite.’’ The minor rewording of the definition takes into account the fact that not all earth stations axis EIRP density limits for ESIMs. use feedhorn-reflector type antennas with focal Shutdown Requirements. The 24 47 CFR 25.290. points, and the fact that earth station antennas 25 We also proposed to retain the exception for shutdown requirements contained in pointed toward GSO FSS satellites are usually the individual ESIM sections require analog video earth station applications. pointed to the assigned location of the satellite, and 26 See, e.g., Inmarsat Comments at 3. do not track the actual position of the target satellite 27 NPRM, 32 FCC Rcd at 4245, para. 20. at any given time. The same definition of theta is 37 See para. 0 and n.9 supra. 28 See Boeing Comments at 2; Joint Commenters now used in § 25.209, 47 CFR 25.209. See id. at 38 Joint Commenters Comments at 4. at 3. 4246, fn. 32. 39 NPRM, 32 FCC Rcd at 4247, para. 23. 29 NPRM, 32 FCC Rcd at 4245–52, section C. 34 AC BidCo Comments at 3–4; Hughes Comments 40 See, e.g., Boeing Comments at 3; Inmarsat 30 Id. at 4243–44, paras. 19–20. at 3; Inmarsat Comments at 3; Joint Commenters at Comments at 3; ViaSat Comments at 5–6; AC BidCo 31 See, e.g., AC BidCo Comments at 2; Inmarsat 4; ViaSat Comments at 4, 7. Reply Comments at 2. Comments at 2; Joint Commenters at 1; Telesat 35 ViaSat Comments at 2. 41 CTIA Reply Comments at 4. Comments at 2–3; ViaSat Comments at 4–5. 36 ViaSat Comments at 7. 42 Id.

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cessation of emissions for ESV, VMES, has never requested the logs for the existing rule sections.59 While the and ESAA transmitters based on vehicle location, transmit frequency, Commission did not include the 100 detection of antenna mispointing.43 channel bandwidth, and target satellite millisecond response time for Consistent with the proposed changes of ESIM transmissions from an ESIM complying with a ‘‘disable regarding antenna mispointing, the operator. Commenters almost uniformly transmission’’ command in the text of Commission proposed to replace the report never having been asked for this the proposed rules, the Commission did shutdown requirements with provisions data and were consistent in their pose the question as to whether it in paragraphs (b) and (c) of § 25.228 support for eliminating the should be maintained.60 Commenters requiring cessation or reduction of requirement.52 For example, Hughes support the proposal to harmonize the emissions in the event that the ESIM or comments that the Commission should requirements and maintain the 100 its associated network control and find that the data logging requirements millisecond response time.61 For monitoring system detects that the ESIM imposed on ESIM operators are onerous example, ViaSat notes that the has exceeded or is about to exceed the and unnecessary and, accordingly, capability of NCMCs to command off-axis EIRP density limits.44 should be eliminated.53 In its reply individual ESIMs to cease or reduce Commenters generally support this comments, ViaSat notes that HNS, Gogo, emissions within 100 milliseconds if the proposal, which we adopt.45 Inmarsat, Kymeta, Intelsat and Boeing aggregate off-axis EIRP density limits are Contention Protocols. The confirm ViaSat’s experience and being exceeded is already required in Commission proposed that § 25.228 understanding that ESIM location the separate service rules for each type would not include the requirement in information has been unnecessary of ESIM and has not been a barrier to paragraphs (a)(4) of §§ 25.226 and because there does not appear to have ESIM deployment.62 Thus, ViaSat says 25.227 that VMES and ESAA applicants been any suspected cases of 54 incorporating a requirement into the that plan to use a contention protocol in interference. However, SES and O3b consolidated rule to monitor the the uplink transmissions of their ESIMs state in reply comments that it had used aggregate power density levels of all this data to resolve interference events, certify that their use of the contention ESIMs in the network would not 46 without providing specifics.55 SES and protocol is reasonable. This increase regulatory burdens or O3b requests that if the Commission requirement is already contained in otherwise impede future deployment of chooses to eliminate the requirement, § 25.115(i), and applies by its terms to ESIMs.63 To the contrary, ViaSat points 47 we should remind ESIM operators that applications for ESIMs. No out that this requirement is necessary to they must cooperate fully to resolve commenters object to this revision, ensure that ESIM networks that use 48 instances of harmful interference.56 which is adopted. variable power control are capable of Section 25.274(g) of the Commission’s Point of Contact in the United States. complying with the off-axis EIRP rules already imposes this requirement The Commission proposed to density limits in the aggregate, and thus for all operators.57 Given the experience consolidate the requirement that there ensuring that adjacent satellite networks with several years of ESIM operations, be a point of contact in the United are adequately protected.64 States with the authority and ability to we find that the logging requirement is cease all emissions into the platform- no longer necessary. In contrast, Telesat asserts that specific rules for ESVs, VMESs, and Remote Monitoring and Control specific NCMC capability requirements ESAAs in § 25.228.49 No commenters Requirement. The Commission regarding aggregate off-axis EIRP take exception to this proposal, which proposed to incorporate a remote spectral density limits are unnecessary we adopt.50 monitoring and control requirement in and suggests that one possible approach Data Logging Requirement. The our proposed § 25.228(c), and make it for network operators to ensure Commission proposed to eliminate the applicable to all types of ESIMs.58 The compliance with aggregate off-axis EIRP data logging requirements that are in Commission proposed that each remote spectral density limits is through the paragraphs (a)(5) of §§ 25.221 and terminal must be (1) monitored and methodology in ITU Resolution 156.65 25.222 for C- and Ku-band ESV controlled by a network control and Telesat argues that network designers operators and in paragraphs (a)(6) of monitoring center (NCMC) or equivalent and operators should decide whether to §§ 25.226 and 25.227 for Ku-band VMES facility, (2) that each remote terminal monitor aggregate off-axis spectral and ESAA operators.51 The Commission must comply with ‘‘disable density limits, but should not be transmission’’ commands from the required to do so.66 43 See paragraphs (a)(1)(iii) of §§ 25.221, 25.222, NCMC, and (3) that the NCMC must 25.226, and 25.227. monitor the operation of each ESIM 59 The monitoring and control requirements were 44 NPRM, 32 FCC Rcd at 4247, para. 25. terminal in its network, and transmit a in paragraphs (a)(2)(iii) and (a)(3)(iii) of §§ 25.221, 45 Inmarsat supports the Commission’s proposed ‘‘disable transmission’’ command to a 25.222, 25.226, and 25.227; and 25.227(a)(10). shutdown and monitoring requirements, but it 60 See NPRM, 32 FCC Rcd at 4249, para. 33 disagrees that ESIM applicants should have to remote terminal that malfunctions in (addressing cessation of uplink transmissions for ‘‘demonstrate how that requirement will be met. such a way as to cause unacceptable VMES). Inmarsat Comments at 4. This is discussed further interference to another 61 See, e.g., Hughes Comments at 2; Inmarsat in paras. 0–0 infra. See also Joint Commenters radiocommunication station. These Comments at 4; Telesat Comments at 7; and ViaSat Comments at 4; ViaSat Reply Comments at 2 requirements are spread throughout the Comments at 7. (concurring with Inmarsat’s comments). 62 ViaSat Reply Comments at 8. 46 NPRM, 32 FCC Rcd at 4248, para. 28. 63 Id. 47 52 AC BidCo Comments at 4; Boeing Comments at The duplication would be eliminated by 64 ViaSat Reply Comments at 8. 5; Hughes Comments at 4; Inmarsat Comments at deleting §§ 25.226 and 25.227 in their entireties, as 65 3; Joint Commenters at 5; Telesat Comments at 6; Telesat Comments at 7. Telesat states that proposed. under this methodology, compliance with the 48 See, e.g., Inmarsat Comments at 4 (stating that and ViaSat at 4, 7–8; AC BidCo Reply Comments at 2–3. aggregate limit would be maintained by limiting the Inmarsat supports the Commission’s proposals power density of each individual earth station by 53 Hughes Comments at 4. regarding contention protocols). 10 log(N) dB, where N is the ‘‘number of earth 54 49 NPRM, 32 FCC Rcd at 4248, para. 29. ViaSat Reply Comments at 4. stations in motion that are in the receive satellite 50 See, e.g., Inmarsat Comments at 3 (noting that 55 SES and O3b Reply Comments at 9–10. beam of the associated satellite and that are ‘‘[t]hese rule revisions will promote uniformity and 56 Id. expected to transmit simultaneously on the same efficiency.’’). 57 47 CFR 25.274(g). frequency.’’ Id. 51 NPRM, 32 FCC Rcd at 4248, para. 30. 58 NPRM, 32 FCC Rcd at 4248–49, para. 31. 66 Id.

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ViaSat asserts that Telesat’s proposal requirement generally applicable to all requirement appears to apply equally to is flawed due to the fact that Resolution types of ESIMs and to codify it in ESVs—i.e., to ensure protection of 156 is premised on a requirement that § 25.228(b).70 Commenters are also members of the public (including those an NCMC notify individual terminals to supportive of extending this manning the vessels and operating the cease operations through ‘‘disable requirement to all ESIMs in the unified equipment), who may be exposed to transmission’’ commands, and that ESIM rule.71 We adopt the proposal to hazardous radiation environments on means individual earth stations must be codify the self-monitoring requirement vessels as well as on or in the vicinity controlled by an NCMC in any event.67 in § 25.228(b). of land vehicles and aircraft.76 According to ViaSat, the mechanism for Cessation of Uplink Transmissions Accordingly, the Commission proposed controlling individual earth stations to Upon Loss of Downlink Signal. Sections to consolidate the requirement into manage aggregate off-axis EIRP density 25.226(a)(9) and 25.227(a)(9) state that paragraph (d) of the proposed still is necessary under Resolution 156, each VMES or ESAA terminal must § 25.228.77 The Commission also both to calculate the apportioned power automatically cease transmitting within proposed cross-referencing § 1.1310 levels based on the number of operating 5 seconds or 100 milliseconds, Table 1 of the Commission’s rules, terminals and to monitor the aggregate respectively, upon loss of reception of rather than specifying the maximum of the apportioned values, and the satellite downlink signal or when it permitted radiation exposure level in command earth stations to adjust their detects that unintended satellite § 25.228(d).78 As with other levels or cease transmitting as tracking has happened or is about to organizational changes, commenters are required.’’ 68 We agree with ViaSat and happen. In the ESIMs NPRM, the supportive.79 We therefore adopt these further note that Note 4 of Annex 1 to Commission proposed to eliminate proposals. ITU Resolution 156 explicitly addresses these rules as redundant 72 because Reorganizing and Streamlining the need of controlling potential § 25.271(g) applies by its terms to all Footnotes to the Table of Frequency aggregate interference. ViaSat also states types of ESIMs, and its provision with Allocations that the 10 log(N) approach, considered regard to loss of synchronization to in Note 3 of Annex 1 to ITU Resolution signals from the target satellite is In the ESIMs NPRM, we proposed to 156 and not requiring controlling general enough to cover all situations of reorganize and consolidate the sections aggregate off-axis EIRP density is interest. Boeing and other commenters in part 25 of the Commission’s rules, inappropriate for ESIMs using advanced support this proposal.73 Specifically, including technical and operational as modulation and coding techniques. We Boeing states that the ‘‘Commission’s well as application rules, for the three agree with ViaSat on this point. These recent adoption of § 25.271(g) types of ESIMs. This reorganization techniques are intended to cope with adequately addresses this requirement included updates to the Commission’s propagation impairments specific to the for all earth stations operating with FSS Table of Frequency Allocations as location of each ESIM or for other networks without imposing a necessary to reflect the changes we network efficiency considerations. As a potentially arbitrary time limit (i.e., five adopt in this Order. We find that this result, such ESIMs may intentionally [seconds] or a tenth of a second) for reorganization can better be transmit with different EIRP density meeting the requirement.’’ 74 We affirm accomplished with a few additional, levels.69 For those reasons, we do not that § 25.271(g) stands in the place of non-substantive organizational changes agree with Telesat’s proposal to these vehicle-specific requirements, and in the non-Federal Government (NG) eliminate the need for monitoring the delete §§ 25.226(a)(9) and 25.227(a)(9). Footnotes to the Table of Frequency 80 aggregate off-axis EIRP density. ESIM Installation Requirement for Allocations. We also agree with ViaSat, Hughes Radiation Hazard Mitigation. Our rules Specifically, we combined the text of and others that retaining the monitoring require that all VMES and ESAA footnote NG55 with part of the text from and control requirements, consolidating licensees ensure installation of VMES or footnote NG52 which addresses ESIM them into the ESIM section and ESAA terminals on vehicles by qualified sub-bands. Based on the number of the harmonizing them for all types of ESIMs installers who have an understanding of international footnote for ESIMs, does not increase the regulatory burden. 5.527A, the resulting footnote is the antenna’s radiation environment 81 We also agree with commenters that the and use those measures best suited to numbered as NG527A. As a result of combining ESIM-related substantive capabilities provided by the NCMC per maximize protection of the general issues in the new NG527A, we these requirements are essential for public and persons operating the additionally move some text in NG52 to effective spectrum sharing. We therefore vehicle and equipment.75 The new footnote NG527A. Additionally, we adopt the proposed incorporation of the Commission proposed extending this combine the text of revised footnote requirements, including the 100 requirement to ESVs operating in the NG180 with the existing text of NG181, millisecond response time, into § 25.228 C-, Ku- and Ka-bands, because the same and the application of those and numbered the resulting footnote as basic rationale for the VMES and ESAA 82 requirements to all types of ESIMs. NG457A. Finally, based on these revisions, we remove footnotes NG55, Self-Monitoring Requirement. Section 70 NPRM, 32 FCC Rcd at 4249, para. 32. 25.227(a)(11) requires that ESAA 71 See, e.g., Hughes Comments at 2; Inmarsat NG180, and NG181. The substantive terminals be self-monitoring and Comments at 4; ViaSat Comments at 7. capable of automatically ceasing 72 NPRM, 32 FCC Rcd at 4249, para. 33. 76 NPRM, 32 FCC Rcd at 4249, para. 34. 77 transmission. § 25.227 paragraphs 73 Boeing Comments at 5; Inmarsat Comments at Id. 78 Id. (a)(1)(iii), (a)(2)(ii), and (a)(3)(ii), and 4. 74 Boeing Comments at 6. 79 AC BidCo Comments at 3; Inmarsat Comments corresponding paragraphs in §§ 25.221, 75 The rules also require that a VMES or ESAA at 4. 25.222, and 25.226 contain similar self- terminal exhibiting radiation exposure levels 80 47 CFR 2.106. We note that these revisions are monitoring requirements. The exceeding 1.0 mW/cm2 in accessible areas, such as in addition to the changes proposed in the NPRM, Commission proposed to make this at the exterior surface of the radome, must have a such as to US133, and are adopted herein. label attached to the surface of the terminal warning 81 See Appendix B—Final Rules. about the radiation hazard and must include 82 As with the new ESIM footnote, NG527A, the 67 ViaSat Reply Comments at 7. thereon a diagram showing the regions around the numbering for the ESV footnote, NG457A, is based 68 Id. terminal where the radiation levels could exceed on the number of the international footnote for 69 Id. 1.0 mW/cm2. ESVs in the 5925–6425 MHz band, 5.457A.

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content in those footnotes is fully are no objections to our proposal to requirements concerning ESAA covered by the other revisions. We note reorganize these ESAA requirements, operations. Further, in moving these below where these changes impact other either by eliminating redundant sections requirements to § 25.228(g)(3), we revisions. or incorporating them into § 25.228.87 extend the existing requirement to apply First, § 25.227(a)(12) provides that to Ka-band ESAA operators. Inmarsat Vehicle-Type Specific Rules Applicable ESAA applicants that comply with the argues that the provision in paragraph Across Multiple Frequency Bands established off-axis EIRP spectral- (g) of § 25.228 that states that an ESAA ESV Requirements. As explained in density limits may request Permitted terminal in foreign airspace must the ESIMs NPRM, there are two rule List authority. We adopt the proposal to operate under the Commission’s rules or sections that address specific eliminate this rule section because this those of the foreign operator, whichever requirements for ESV operators that flexibility is already provided to are more constraining, should be were adopted to codify section 306 of applicants by § 25.115(k)(1).88 eliminated.93 We disagree. The the Communications Act.83 Specifically, Next, we adopt the proposal to keep Commission’s rules are designed, inter paragraphs (a)(6) and (a)(7) of §§ 25.221 the requirement that is currently in alia, to protect adjacent satellites spaced and 25.222 require ESV operators, § 25.227(a)(14) and move it into two degrees apart from interference licensed by the FCC that are § 25.228(g)(2).89 This requirement states from earth stations communicating with communicating with ESVs on vessels that all ESAA terminals operating in other satellites. In some cases, the registered outside the United States to U.S. airspace, whether on U.S.- satellites protected from interference by maintain detailed information on each registered civil aircraft or non-U.S.- these rules are U.S.-licensed satellites vessel’s country of registry and a point registered civil aircraft, must be licensed serving foreign territory, where the of contact within the foreign by the Commission. It further states that relevant administrations may not have administration responsible for licensing all ESAA terminals on U.S.-registered comparable rules. the ESV, and to control ESVs using a civil aircraft operating outside of U.S. hub earth station located in the United airspace must be licensed by the Frequency-Band Specific Status and States. However, a U.S.-licensed ESV Commission, except as provided by Coordination Rules may operate under control of a hub section 303(t) of the Communications As proposed in the NPRM and earth station located outside the United Act.90 We also adopt the proposal to described in detail below, while moving States, provided that the ESV operator extend this requirement to apply to all the ESIM technical and operational maintains a point of contact in the Ka-band ESAA terminals. requirements into a unified rule section, United States that can make the ESV Section 25.227(a)(15) states that for we eliminate redundancies and cease transmitting if necessary. Because ESAA systems operating over harmonize language whenever possible. paragraphs (a)(6) and (a)(7) of §§ 25.221 international waters, ESAA operators In the separate ESIM sections, there are and 25.222 are statutorily based, we will certify that their target space station frequency-band specific rules for ESVs, retain these requirements in paragraph operators have confirmed that proposed VMESs and ESAAs in the conventional (e)(3) and paragraph (e)(1), respectively, ESAA operations are within coordinated and extended Ku-bands.94 The of § 25.228. parameters for adjacent satellites up to Commission proposed to eliminate We also discontinued our use of the 6 degrees away on the geostationary arc. some of these requirements, which were term ‘‘ESV hub operators’’ and ‘‘hub In the ESIMs NPRM, the Commission redundant with other provisions in part earth stations’’ for greater clarity. In pointed out that the provisions of 25.95 The specific changes are explained their place, in our revised rules, we use §§ 25.140 and 25.220, which apply to below. We retain the provisions in the term ‘‘network control and U.S. satellites and earth stations, and paragraphs (c) and (d) of §§ 25.222, monitoring center’’ (NCMC) 84 to better § 25.137, which also applies to foreign- 25.226, and 25.227 which were not reflect the nature of the functions licensed points of communication, make redundant and are now included in performed by such facilities. § 25.227(a)(15) redundant.91 As such, § 25.228. Commenters generally offer approval of we eliminate this redundancy deleting Specifically, we eliminate the this ministerial change.85 this section and not bringing this provision included in both VMES Requirements. As the requirement into the ESIM rule section. §§ 25.226(a)(8) and 25.227(a)(8), because Commission noted in the ESIMs NPRM, Finally, we adopt the proposal to this provision is redundant with the one there are currently no rules in part 25 move the requirements of in § 25.209(c)(1). This requirement of the Commission’s rules that apply to § 25.227(a)(16) to new § 25.228(g)(3), provides that in the relevant bands,96 VMES terminals in more than one with a minor revision to make the VMES and ESAA terminals receive frequency band,86 because VMES rules requirement clearly imperative.92 protection from interference caused by in part 25 only apply to Ku-band Specifically, the provision requires that space stations other than the target VMESs. In keeping with our goal to prior to operations within the foreign space station only to the degree to streamline rules for all ESIM operators, nation’s airspace, the ESAA operator which harmful interference would not we did not propose in the NPRM, and must ascertain whether the relevant be expected to be caused to a do not adopt here, any VMES-specific administration has operations that could hypothetical earth station employing an rules that would apply across all be affected by ESAA terminals, and frequency bands. must determine whether that 93 Inmarsat Comments at 7. ESAA Requirements. There are four administration has adopted specific 94 Under the adopted § 25.228, there are sections of § 25.227 that are specific to Commission rules for ESIMs operation in four bands: The conventional C-band and the ESAA operators in the Ku-band. There 87 Our decision to extend the requirements for conventional and extended Ku-bands and ESAA operations to the conventional Ka-band is conventional Ka-band. 83 discussed further in the section on Ka-band ESIM NPRM, 32 FCC Rcd at 4250, para. 36. See also 95 NPRM, 32 FCC Rcd at 4251, para. 44. rules. 47 U.S.C. 306. 96 Specifically, VMES terminal receiving in the 84 88 NPRM, 32 FCC Rcd at 4250, para. 40. As noted in paragraph 0 supra, we adopt the 10.95–11.2 GHz (space-to-Earth), 11.45–11.7 GHz 89 definition of network control and monitoring center NPRM, 32 FCC Rcd at 4250–51, para. 41. (space-to-Earth) and 11.7–12.2 GHz (space-to-Earth) (NCMC) in § 25.103. 90 47 U.S.C. 303(t). bands, and ESAA terminal receiving in the 11.7– 85 Inmarsat Comments at 6. 91 NPRM, 32 FCC Rcd at 4251, para. 42. 12.2 GHz (space-to-Earth) bands do not receive 86 NPRM, 32 FCC Rcd at 4250, para. 39. 92 NPRM, 32 FCC Rcd at 4251, para. 43. protection from interference.

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antenna conforming to the reference proposal covered the provisions in earth stations in § 25.138. The patterns defined in § 25.209(a) and (b) paragraphs (a)(8), (a)(9), (a)(10), (a)(12), Commission proposed that conventional and stationary at the location at which and (a)(13) of § 25.221 as written. No Ka-band ESVs would be required to any interference occurred. commenter addressed this proposal, and comply with the requirements in new Similarly, we eliminate the provision we have relocated these provisions to § 25.228(e), conventional Ka-band in §§ 25.222(a)(8), 25.226(a)(7) and § 25.228 without changing the terms, as VMESs would be required to comply 25.227(a)(7), which are redundant with proposed.101 with the requirement in new § 25.228(f), new footnote NG527A to § 2.106 of the As noted in the ESIMs NPRM, rules and conventional Ka-band ESAAs Commission’s rules.97 This footnote were adopted in the 2005 ESV Order to would be required to comply with the states that in the 10.95–11.2 GHz (space- protect FS and FSS providers in the C- requirements in new § 25.228(g). The to-Earth) and 11.45–11.7 GHz (space-to- band while providing maximum Commission sought comment on any Earth) frequency bands ESVs, VMESs flexibility to ESV operators.102 additional provisions that should be and ESAAs must not claim protection Specifically, Section 25.221(a)(11) adopted for the operation of ESVs, from transmissions of non-Federal stated that ESVs while in motion do not VMESs, or ESAAs in the conventional stations in the fixed service. receive interference protection from Ka-band, such as minimum separation Finally, the Commission noted in the either terrestrial licensees or satellites. distances to protect the fixed and ESIMs NPRM that there are two sets of The Commission proposed to limit this mobile services from ESV emissions, coordination requirements for Ku-band provision only to terrestrial licensees. and/or power flux-density limits to ESIMs, which are contained in This updated provision is moved to protect the fixed and mobile services paragraphs (c) and (d) of §§ 25.222, § 25.228(h)(4). No commenters object to from ESAA emissions.106 25.226 and 25.227.98 Paragraphs (c) in the proposal, which we adopt, to amend The Commission also proposed to these rule sections address the the second sentence of Non-Federal amend an existing footnote to the Table coordination requirements related to the Government footnote NG180 of § 2.106 of Allocations to recognize the operation protection of the NASA Tracking and consistent with this change. As noted of ESIMs as an application of the FSS Data Relay Satellite System (TDRSS) in above, this amended footnote is with primary status in the conventional the 14.0–14.2 GHz frequency band. combined with NG181 and moved to Ka-band.107 The Commission sought Paragraphs (d) address coordination NG457A for better organization and comment on its belief that ESIMs requirements designed to protect the 103 consistency. operating in the conventional Ka-band Radio Astronomy Service (RAS) in the Ku-Band ESAA Specific in accordance with its proposed rules 14.47–14.5 GHz frequency band. Requirements. Section 25.227(a)(13) would not pose more of a risk of Paragraphs (c), as well as paragraphs (d), contains specific requirements for Ku- interference to, nor require more in different rule sections, while covering band ESAA providers operating in interference protection from, other the same frequency bands and international airspace within line-of- radiocommunication systems than other coordination requirements to protect sight of the territory of a foreign earth stations operating in the frequency TDRSS or RAS operations, as 104 administration. These requirements band on a primary basis today.108 The applicable, are worded slightly are moved to § 25.228(i), with non- Commission has taken similar steps to differently in each rule section. We substantive word changes to harmonize clarify the primary status of C-band and move these requirements to § 25.228(j), the language to that of § 25.228. Ku-band ESIMs.109 Specifically, the with non-substantive word changes to Commission proposed to amend harmonize the language for the Technical and Operational Requirements for Ka-band ESIMs footnote NG55, which authorizes ESV, requirements.99 The Commission did not propose any VMES, and ESAA use in the Ku-band, Vehicle-Type Specific Rules Applicable to include a portion of the Ka-band and specific technical or operational 110 to a Single Frequency Band requirements for ESVs, VMESs, or to use the term ‘‘ESIMs.’’ With the Part 25 includes rules that are ESAAs operating in the conventional exception of the areas discussed below particular to the type of ESIM in a Ka-band. The Commission stated that in the bands, 18.6–18.8 GHz, 29.25–29.3 specific frequency band. For example, such ESIMs would be authorized subject GHz and 28.35–28.6, commenters C-band ESVs and Ku-band ESAAs have to the requirements in § 25.115(n), generally supported these proposed requirements that are unique to the which includes the requirement to changes. combination of type of earth station and comply with the earth station off-axis 29.25–29.3 GHz Band. In the 29.25– the particular frequency band in which EIRP density limits in new § 25.218(i), 29.5 GHz band, GSO FSS operations and it operates. The Commission has never unless the ESIM operations are feeder links for the NGSO Mobile licensed C-band VMES and ESAA coordinated under § 25.220.105 This is Satellite Service (MSS systems) are terminals, and did not propose to adopt similar to the blanket-licensing designated for co-primary usage. rules for these terminals in this provisions for conventional Ka-band Iridium operates feeder links for its proceeding. NGSO MSS system in the 29.1–29.3 C-band ESV Specific Requirements. the 3700–4200 MHz portion of the C-band. See The Commission proposed to retain and Expanding Flexible Use in Mid-Band Spectrum 106 Id. move several requirements that are Between 3.7 and 24 GHz, Notice of Inquiry, 32 FCC 107 NPRM, 32 FCC Rcd at 4253, para. 53. Rcd 6373 (2017); Expanding Flexible Use of the 3.7– 108 As stated in the NPRM, the Commission unique to ESVs operating in the C-band 4.2 GHz Band, Order and Notice of Proposed 100 already blanket licenses ubiquitously-deployed to § 25.228(h). Specifically, this Rulemaking, FCC 18–91 (rel. July 13, 2018) (Mid- fixed earth stations in the conventional Ka-band band Proceeding). Operation of ESIMs will be under § 25.138; under the proposed rules ESIMs 97 As noted above, we are moving the relevant subject to any changes to the Commission’s rules would have to comply with regulations designed to text to NG527A from NG52 for organizational made as a result of Commission action in the Mid- ensure that they do not cause more interference purposes. Band Proceeding. than fixed earth stations. Id. at 4253, fn 54. 101 98 NPRM, 32 FCC Rcd at 4252, para. 47. Section 25.228(h). 109 See, e.g., 47 CFR 2.106, footnotes NG55, 99 47 CFR 25.228(j). 102 NPRM, 32 FCC Rcd at 4252, fn 52. NG180, and NG181. As noted above, for better 100 NPRM, 32 FCC Rcd at 4252–53, para. 49–50. 103 See Appendix B—Final Rules. organization, NG180 and NG181 are now combined The Commission has an open proceeding exploring 104 47 CFR 25.227(a)(13). into NG457A. additional uses of ‘‘mid-band spectrum,’’ including 105 NPRM, 32 FCC Rcd at 4253, para. 52. 110 See NPRM, 32 FCC Rcd at 4253, para. 53.

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GHz band.111 Iridium urges the GHz band, Inmarsat and ViaSat repeated its argument ‘‘that the satellite Commission not to authorize ESIMs provided technical analyses of ESIM industry has been unable to develop a operations in the 29.25–29.3 GHz band interference into Iridium feeder links method for coordinating NGSO feeder- that is shared with Iridium feeder that propose other approaches ESIM links and ESIMs.’’ 122 In response, links.112 Iridium claims that the operators could take to coexist with ViaSat argued that channels commonly addition of ESIM operations with GSO Iridium in the subject band.116 These used to provide broadband service to FSS space stations in this band segment analyses are designed to demonstrate aircraft have bandwidths of 80, 160 or ‘‘would create an impractically complex how ESIMs transmitting in the 29.25– 320 megahertz, and that a prohibition sharing environment’’ with its NGSO– 29.3 GHz band would not exceed the on using the 50 megahertz in 29.25–29.3 MSS feeder link operations.113 Iridium Iridium feeder link interference GHz would therefore have a also argues that the satellite industry protection criteria even while operating disproportionate impact on the capacity has not developed a method for in the vicinity of Iridium feeder link of the satellite network.123 In other determining appropriate exclusion earth stations. ViaSat’s analysis words, according to ViaSat, decreasing zones around Iridium feeder-link earth considers six ESAAs operating at the amount of spectrum available from stations, outside of which ESIM distances of 0 and 100 kilometers from 750 megahertz (in a 29.25–30 GHz band) operations in the band segment will not an Iridium feeder link earth station, and to 700 megahertz (in a 29.3–30 GHz cause harmful interference to Iridium claims that the carrier-to-interference band) would preclude deployment of, satellite reception of feeder link uplink ratio of the Iridium feeder link signal is for instance, a network that relies on transmissions.114 Iridium has three such more than 30 dB for all but 0.0001 two 320 megahertz channels and one 80 feeder-link earth stations in the United percent of the time.117 Inmarsat’s megahertz channel. Thus, ViaSat argues, States that are currently authorized to analysis computes an exclusion zone the impact of not being able to use the operate in the 29.25–29.3 GHz band: around an Iridium feeder link earth band 29.25–29.3 GHz could be greater One in Tempe, Arizona; one in station within which ESIMs would not than simply reducing available Fairbanks, Alaska; and one in Wahiawa, be allowed to operate in the 29.25–29.3 spectrum by 50 megahertz, but could Hawaii.115 GHz band in order to avoid causing actually prevent providers from making In response to Iridium’s proposal to unacceptable interference to Iridium’s full use of the conventional Ka-band. bar ESIM operations in the 29.25–29.3 feeder links.118 Iridium challenged the Later filings from Iridium and ViaSat analyses conducted by ViaSat and further elaborated on their prior 111 Iridium Satellite LLC, IBFS File No. SES– Inmarsat, claiming that some of the arguments.124 MOD–20060907–01680 (granted Mar. 29, 2007). underlying assumptions are incorrect, As an initial matter, coordination is 112 Iridium Comments at 1–2. Iridium has since required between GSO FSS and feeder acknowledged that the Commission could allow and insisted that ESIM operation in the ESVs and VMES in the band but requests that the 29.25–29.3 GHz frequency band should links to MSS space stations that have Commission defer consideration of ESAAs not be allowed.119 In response, ViaSat co-primary status in the frequency band operating in 29.25–29.3 GHz. Letters from Scott refined its analysis referred to in the 29.25–29.3 GHz.125 The Commission Blake Harris, Counsel to Iridium Communications, Inmarsat and ViaSat Nov. 6 Ex Parte has previously stated that NGSO MSS Inc. to Marlene H. Dortch, Secretary, Federal Communications Commission at 2 (filed Sept. 12, Letter, and claimed that, even under applicants bear the burden of showing 2018) (Iridium Sept. 12 Ex Parte Letters); Letter more conservative assumptions, no from Robert M. McDowell, Counsel to Iridium unacceptable interference would be 122 Letter from Scott Blake Harris, Counsel to Communications, Inc. to Marlene H. Dortch, caused to Iridium feeder links.120 Iridium Communications, Inc. to Marlene H. Secretary, Federal Communications Commission at Dortch, Secretary, Federal Communications 1 (filed Sept. 19, 2018) (Iridium Sept. 19 Javed Ex Similarly, Inmarsat opposed Iridium’s Commission (filed Mar. 22, 2018) (Iridium Mar. 22 Parte Letter) and Letter from Scott Blake Harris, arguments and insisted that its previous Ex Parte Letter). Counsel to Iridium Communications, Inc. to analysis was valid and even 123 Letter from John P. Janka and Elizabeth R. Marlene H. Dortch, Secretary, Federal conservative.121 Park, Counsel to ViaSat, Inc. to Marlene H. Dortch, Communications Commission at 2 (filed Sept. 20, Subsequently, Iridium argued that the Secretary, Federal Communications Commission 2018) (Iridium Sept. 20 Bender Ex Parte Letter) In (filed Mar. 26, 2018) (ViaSat Mar. 26 Ex Parte response to Iridium’s new proposal, Inmarsat, 50 megahertz under discussion between Letter). ViaSat and SES assert that there is no material 29.25–29.3 GHz corresponded only to 124 Letter from Scott Blake Harris, Counsel to difference in the potential impact from an 5% of the total 2,000 megahertz of the Iridium Communications, Inc. to Marlene H. aeronautical ESIM and other ESIMs on the ground. conventional Ka-band spectrum where Dortch, Secretary, Federal Communications Letter from Jack Wengryniuk VP, Regulatory and ESIM operation would be allowed and Commission (filed Apr. 11, 2018) (Iridium Apr. 11 Market Access Inmarsat, Inc., Christopher J. Ex Parte Letter); Letter from John P. Janka and Murphy Associate General Counsel, Regulatory Elizabeth R. Park, Counsel to ViaSat, Inc. to Affairs and Daryl T. Hunter Chief Technical Officer, 116 Letter from M. Ethan Lucarelli, Director, Marlene H. Dortch, Secretary, Federal Regulatory Affairs ViaSat, Inc., and Petra A. Vorwig Regulatory and Public Policy, and Giselle Creeser, Communications Commission (filed Apr. 26, 2018) Senior Legal and Regulatory Counsel SES Director, Regulatory, Inmarsat, Inc., and John P. (ViaSat Apr. 6 Ex Parte Letter); Letter from Scott Americom, Inc., to Marlene H. Dortch, Secretary, Janka and Elizabeth R. Park, Counsel to ViaSat, Inc. Blake Harris, Counsel to Iridium Communications, Federal Communications Commission (filed Sept. to Marlene H. Dortch, Secretary, Federal Inc. to Marlene H. Dortch, Secretary, Federal 18, 2018) (ESIM Operators Sept. 18 Joint Ex Parte Communications Commission (filed Nov. 6, 2017) Communications Commission (filed Jun. 28, 2018); Letter). See also Letter from John P. Janka and (Inmarsat and ViaSat Nov. 6 Ex Parte Letter). Letter from John P. Janka and Elizabeth R. Park, Elizabeth R. Park, Counsel to ViaSat, Inc. to 117 Id. Counsel to ViaSat, Inc. to Marlene H. Dortch, Marlene H. Dortch, Secretary, Federal 118 Id. Secretary, Federal Communications Commission Communications Commission (filed Sept. 21, 2018) 119 Letter from Scott Blake Harris, Counsel to (filed Aug. 29, 2018) (ViaSat Aug. 29 Ex Parte (ViaSat Sept. 21 Ex Parte Letter). Iridium Communications, Inc. to Marlene H. Letter); Iridium Sept. 12 Ex Parte Letters; ESIM 113 Letter from Scott Blake Harris, Counsel to Dortch, Secretary, Federal Communications Operators Sept. 18 Joint Ex Parte Letter; Iridium Iridium Communications, Inc. to Marlene H. Commission (filed Jan. 18, 2018) (Iridium Jan. 18 Ex Sept. 19 Javed Ex Parte Letter and Iridium Sept. 20 Dortch, Secretary, Federal Communications Parte Letter). Bender Ex Parte Letter. Commission, at 1 (filed Sept. 25, 2017) (Iridium 120 Letter from John P. Janka and Elizabeth R. 125 While allocation of a given frequency band to September 25, 2017 Ex Parte Letter). Park, Counsel to ViaSat, Inc. to Marlene H. Dortch, a particular service on a ‘‘primary’’ basis entitles 114 Id. Secretary, Federal Communications Commission that service to protection against harmful 115 These earth stations are licensed by the (filed Feb. 5, 2018) (ViaSat Feb. 5 Ex Parte Letter). interference from stations of a ‘‘secondary’’ service, Commission under call signs E960131 (Tempe, AZ), 121 Letter from Giselle G. Creeser, Director, ‘‘co-primary’’ services such as the NGSO MSS and E050282 and E060300 (Fairbanks, AK), which are Regulatory, Inmarsat to Marlene H. Dortch, GSO FSS in the 29.25–29.5 GHz band share that licensed to Iridium, and E980049 (Wahiawa, HI), Secretary, Federal Communications Commission band on an equal basis and may not cause harmful which is licensed to General Dynamics Satellite (filed Feb. 16, 2018) (Inmarsat Feb. 16 Ex Parte interference to each other. See 47 CFR 2.104(d), Communication Services, LLC. Letter). 2.105(c).

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that a new NGSO MSS feeder-link sufficient interference protection. For Moreover, this mechanism responds to facility can share with uplinks to GSO example, ESIMs may seek to protect a worst-case Iridium protection FSS space stations.126 The Commission Iridium feeder link reception by not scenario. In a less than worst case is committed to being as spectrally transmitting in the 29.25–29.3 GHz band scenario, an ESIM would only need to efficient as possible, and has stressed when the transmission from the ESIM avoid transmitting in the 29.25–29.3 that NGSO MSS uplink applicants must would pass through the region in space GHz band when its transmitted signal demonstrate that coordination with GSO in which an Iridium satellite could be would exceed the Iridium satellite FSS operation in the 29.25–29.3 GHz present at an elevation angle of five interference protection criteria at the band is feasible, as required by degrees or higher 131 as viewed from any actual location of any Iridium satellite paragraph (c) of § 25.258.127 Based on Iridium feeder link earth station that is within the region in space the record before us, we do not believe transmitting in the band,132 and such described above, which presents more that it is necessary to establish transmission would exceed the limited circumstances. If the ESIM exclusion zones in order to protect interference protection criteria of the could calculate the precise locations of Iridium space station feeder link Iridium space station feeder link the Iridium satellites in real time, rather reception. Iridium has previously receiver. An ESIM could calculate when than simply the region in space where acknowledged that the 29.25–29.3 GHz this would occur if it was programmed the Iridium satellite could be present, it band is shared with GSO FSS with the location of all of the Iridium would only need to avoid transmitting networks.128 Moreover, in a subsequent feeder link earth stations in the band.133 in the band when its antenna beam grant modifying Iridium’s license, the More specifically, with this information would pass sufficiently near the specific International Bureau clearly restated programmed into an ESIM, along with Iridium satellite location as to interfere Iridium’s co-primary status with respect the information and skills that an ESIM with Iridium satellite reception.135 to GSO FSS networks.129 Iridium operator already possesses in order to While this is a more burdensome questions the feasibility of correctly point its antenna (i.e., its own calculation for the ESIM to perform and implementing exclusion zones in which location, the location of the target GSO requires the transmission of information ESIMs must not operate in the 29.25– FSS space station, and the requisite about the Iridium satellite orbits, it 29.3 GHz band as a method of protecting computing ability), the ESIM operator would afford the ESIM more Iridium feeder links. Instead, we could determine with sufficient opportunities to transmit in the 29.25– observe that the current coordination precision when to cut off transmissions 29.3 GHz band than the worst-case provisions of § 25.258(a) of our rules in order to comply with these approach described above, if the ESIM would require ESIM operations in interference protection criteria.134 licensee chose to implement it. While 29.25–29.3 GHz, like those of any other the Commission acknowledges these GSO FSS earth stations operating in the 131 We choose that elevation angle to be five potential methods for accomplishing band, to engage in coordination with degrees or higher as viewed from any Iridium feeder coordination as plausible options, the Iridium.130 link earth station transmitting in the band noting Commission does not specifically We find that coordination under that the Iridium feeder link earth stations in the endorse either method, and ESIMs 29.25–29.3 GHz band are authorized to § 25.258(a) will provide Iridium with communicate with Iridium space stations only operators and Iridium are free to explore when the Iridium satellites are at an elevation angle other coordination mechanisms.136 If 126 Rulemaking to Amend Parts 1, 2, 21, and 25 of five degrees or more above the local horizontal either ESIM operators or Iridium have of the Commission’s Rules to Redesignate the 27.5– plane, as viewed from the earth station. See, e.g. concerns that coordination is not 29.5 GHz Frequency Band, to Reallocate the 29.5– Iridium Satellite LLC, IBFS File No. SES–MOD– 30 GHz Frequency Band, to Establish Rules and 20060907–01680 (granted Mar. 29, 2007). proceeding in good faith, or fail to come Policies for Local Multipoint Distribution Service 132 The region in space in which an Iridium to an agreement, the matter can be and for Fixed Satellite Service, First Report and satellite could be present at an elevation angle of brought to the attention of the Order, 11 FCC Rcd 19005, 19024, para. 42 (1996). five degrees or higher as viewed from a particular Commission. In designating the 29.25–29.5 GHz bands for feeder Iridium feeder link earth station is a segment of the We recognize that coordination links for NGSO MSS systems and GSO FSS uplinks, surface of a sphere, or ‘‘cap,’’ at the altitude of the the Commission adopted specific provisions for Iridium satellites, which is approximately 780 between ESIMs and NGSO space licensing and coordination of NGSO MSS feeder kilometers. The size of this cap is such that the arc stations is more complex than links in the 29.25–29.5 GHz band. See 47 CFR length from the point directly above the Iridium coordination in static situations. 25.258 (‘‘Operators of NGSO MSS feeder link earth feeder link earth station to the edge of the cap is However, as described in the paragraph stations and GSO FSS earth stations in the band approximately 2800 kilometers. The interference 29.25 to 29.5 GHz where both services have a co- threshold is calculated assuming a worst-case above, we are of the view that primary allocation shall cooperate fully in order to situation in which the Iridium space station coordination is feasible. In addition, any coordinate their systems’’). receiving antenna has maximum gain towards the concerns about aggregate effect for 127 Rulemaking to Amend Parts 1, 2, 21, and 25 ESIM location. of the Commission’s Rules to Redesignate the 27.5– 133 This information could be programmed into ESIM emission could interfere with reception of the 29.5 GHz Frequency Band, to Reallocate the 29.5– the ESIM software and updated as necessary by the 30 GHz Frequency Band, to Establish Rules and Iridium feeder uplink by an Iridium satellite located ESIM’s Network Control and Monitoring Center at point A. Policies for Local Multipoint Distribution Service (NCMC). 135 The ESIM operator’s Network Control and and for Fixed Satellite Service, Memorandum 134 The calculations could take place in two steps. Opinion and Order, 16 FCC Rcd. 11436, 11438–39, Monitoring Center (NCMC) could periodically The first step would be to identify the point (point transmit the ephemeris data of the Iridium satellites para. 7 (2001). A) at which the direction of an ESIM transmission 128 to the ESIMs in the network to enable each ESIM Opposition of Iridium Constellation LLC, IBFS capable of causing interference intersects a sphere to accurately calculate the locations of the Iridium File No. SAT–MOD–20120813–00128 (filed Oct. 19, that is centered on the center of the Earth and satellites. Alternatively, it could transmit other data 2013), at 1 (stating that the modification Iridium having a radius equal to the radius of the Earth plus describing the Iridium satellite orbits that would seeks ‘‘will not require additional bandwidth in the the altitude of the Iridium satellites. The second reduce the computational load on the ESIMs. 29.25–29.3 GHz band shared with GSO FSS step would be to determine whether the distance 136 Iridium recommends that the Commission networks such as Hughes’’). from point A to the point on the same sphere (point require ESIMs to comply with this specific 129 See Iridium Constellation LLC, Application for B) that is directly over the Iridium feeder link earth coordination mechanism. Iridium Sept. 12 Ex Parte Modification of License to Authorize a Second- station is less than approximately 2800 kilometers Letters at 2; Sept. 18 Javed Ex Parte Letter at 2, and Generation NGSO MSS Constellation, 31 FCC Rcd in arc length. As mentioned supra, 2800 kilometers Iridium Sept. 20 Bender Ex Parte Letter at 2. While 8675, 8676, para. 3 (‘‘Iridium shares the 29.25–29.3 is the arc length from point B to the boundary on Inmarsat, ViaSat and SES, urge the Commission to GHz feeder uplink band on a co-primary basis with the sphere beyond which the Iridium satellites are maintain flexibility with respect to possible geostationary-satellite orbit (GSO) space stations in below five degrees elevation angle as viewed from coordination mechanisms. ESIM Operators Sept. 18 the fixed-satellite service (FSS).’’). the feeder link earth station. If the distance between Joint Ex Parte Letter at 3. See also ViaSat Sept. 21 130 See also 47 CFR 25.203(h). points A and B is less than 2800 kilometers, the Ex Parte Letter.

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interference generated by large numbers With respect to the conditions for rejection required by the combined of ESIMs can be addressed during authorizing operations in this band, SES ESIM transmitters and MS receivers to coordination.137 Finally, we encourage Americom and its affiliate O3b, ViaSat mitigate the interference. GSA states its the parties to act in good faith, and Inmarsat ‘‘recommend that the calculations show that adjacent band consistent with our overall goal of Commission adopt a policy statement interference above the limits it deems promoting efficient use of spectrum. acknowledging that it can license ESIM acceptable would occur in many of the Iridium asserts that ‘‘coordination operations . . . where an ESIM scenarios it analyzed. In a later with blanket-licensed fixed terminals applicant demonstrates that its submission, GSA questioned the has hardly been common, has been operations will not have a significant modeling used in the ViaSat analysis.148 challenging to the limited extent that it impact on Iridium’s licensed and actual ViaSat characterized GSA’s analysis has occurred, becomes increasingly feeder link operations.’’ 142 We decline as ‘‘a static analysis that was based on complex with each additional system, to adopt such an approach, as the unrealistic worst-case assumptions and and would make sharing with ESIMs coordination requirement that currently modeling’’ and claimed that it would be even more difficult.’’ 138 However, the applies to the operation of fixed earth preferable to rely on ‘‘a statistical Commission has already granted blanket stations is also applicable to ESIM approach including Monte Carlo licenses for over five million earth operations. Therefore, as provided simulations and dynamic movement of stations to operate in the 29.25–29.3 above, ESIM operations in 29.25–29.3 stations, both 5G and ESIM, as well as GHz band, each of which was required, GHz will be subject to coordination with realistic emission mask data for the pursuant to § 25.258 of our rules, to Iridium, under § 25.258(a) of our rules, ESIM.’’ 149 According to ViaSat’s coordinate with Iridium.139 These earth just like those of any other GSO FSS analysis, ‘‘an earth station in motion stations are not individually licensed earth stations operating in the band.143 (ESIM) operating at the lower end of the and can be ubiquitously deployed. We Because GSO FSS uplinks are co- 28.35–28.6 GHz band with emissions are not persuaded that the relatively primary with NGSO MSS feeder link complying with the FCC’s 25.202(f) out- small increase in total number of earth uplinks in the 29.25–29.3 GHz band, we of-band emissions (OOBE) mask does stations licensed in the band that we expect both Iridium and the licensees of not cause unacceptable interference to expect will result from authorizing ESIM operations to coordinate with 5G systems operating at the upper edge ESIM operations will lead to a each other in good faith. of the adjacent 27.5–28.35 GHz band.’’ significant increase in the use of the ESIMs in the 28.35–28.6 GHz Band. In ViaSat further states that ‘‘GSA’s 29.25–29.3 GHz band, or will make the NPRM, the Commission also asked reliance on a deterministic method, coordination exceedingly difficult.140 for comment on any possible effects that rather than dynamic scenarios, is Moreover, while interference into the these proposed rules may have on contrary to the approach supported by Iridium feeder link receivers depends in existing or future services in adjacent its own members.’’ 150 part upon the number of simultaneously frequency bands, such as the UMFUS We do not express a view here about transmitting earth stations in the band, operations in the 27.5–28.35 GHz the relative merits of a deterministic and this number is determined primarily by bands.144 CTIA asserts that the a dynamic approach. However, as noted the number of uplink spot beams on Commission needs to ensure that above, the Commission has already each GSO FSS satellite, not by the adjacent terrestrial systems are blanket-licensed over five million fixed number of authorized earth stations. protected from interference and that we earth stations in the 28.35–28.6 GHz Thus, we will permit ESIMs to operate confirm that ESIM out of band emission band, which can be ubiquitously within the FSS in the 29.25–29.3 GHz limits are governed by § 25.202(f).145 deployed at unspecified locations band on a co-primary basis, and without The Global Mobile Suppliers anywhere within the United States. protection zones for MSS feeder link Association (GSA) presented an ESIMs in this band, like these existing operations.141 analyses of interference caused by ESIM fixed earth stations will be subject to the transmissions in the 28.35–28.6 GHz same out-of-band emission limits in 151 137 With respect to long term interference, only band into mobile service (MS) receivers § 25.202(f) of our rules. Despite the one ESIM will be transmitting to a satellite receive operating below 28.35 GHz. GSA large number of operating fixed earth beam in the same frequency band and polarization stations, no commenter has challenged at any given time. With respect to short term analyzed potential interference from interference, no ‘‘time aggregation’’ occurs if no ESIMs into MS receivers for all three the adequacy of these OOBE limits to ESIM is allowed to ever exceed the acceptable types of ESIMs (VMES, ESV, and ESAA) protect mobile services from interference level associated with small percentages for scenarios in which the ESIM is interference from fixed earth stations. of time. See also ViaSat Aug. 29 Ex Parte Letter. stationary and in motion, at various The number of ESIMs we expect to be 138 Iridium Sept. 25, 2017 Ex Parte Letter at 2. separation distances.146 GSA deployed in the 28.35–28.6 GHz band is 139 See, e.g., HNS License Sub, LLC, Satellite a smaller than the number of consumer Policy Branch Information: Action Taken, Public acknowledged that some of its Notice, Report No. SAT–00905 (rel. Feb. 28, 2007) assumptions result in worst-case earth stations with fixed antennas. (IBFS File No. SES–LIC–20061226–02232). interference scenarios.147 GSA Moreover, as noted above, a single ESIM 140 Compared to the small consumer earth computed both the interference-to-noise will be transmitting to a satellite receive stations with fixed antennas sold for satellite beam in the same frequency band and broadband access by companies such as Hughes ratio at the MS receivers and the Network Systems and ViaSat, ESIMs are several combined frequency dependent times more expensive, because they need a tracking 148 Letter from Reza Arefi, Chair, GSA Spectrum antenna, and are therefore unlikely to be deployed Group for North American Region, to Marlene H. interference environment created by the operation Dortch, Secretary, Federal Communications in quantities remotely approaching the quantities in of fixed earth stations. Operation of ESIMs in the which those consumer earth stations have been and Commission (filed June 11, 1018) (GSA June 11 Ex band 29.25–29.3 GHz is not any different than the Parte Letter). will continue to be deployed. operation in these other frequency bands. 141 149 ViaSat Mar. 26 Ex Parte Letter. Iridium also questions whether ESIMs should 142 SES, O3b, Inmarsat, ViaSat Ex Parte Letter 150 Id. at 2. In a later submission, ViaSat addresses be recognized as an application of the FSS in the (filed Apr. 3, 2018). 29.25–29.3 GHz band. Iridium Sept. 12 Ex Parte GSA’s June 11 Ex Parte Letter. See Letter from John 143 See also 47 CFR 25.203(h). Letter at 3 and Iridium Sept. 12 Bender Ex Parte P. Janka and Elizabeth R. Park, Counsel to ViaSat, 144 Letter at 3. ESIMs are currently operating in several NPRM, 32 FCC Rcd at 4254, para 55. Inc. to Marlene H. Dortch, Secretary, Federal frequency bands where they have been treated as 145 CTIA Reply Comments at 2 and 4. Communications Commission (filed Aug. 29, 2018) applications of the FSS (see NG55, NG180, NG 181) 146 GSA Reply Comments at 2. (ViaSat Aug. 29 GSA Ex Parte Letter). and have been able to do so maintaining the same 147 GSA Reply Comments at 4. 151 47 CFR 25.202(f).

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polarization at any given time and passive scientific users of the radio communicate with geostationary therefore the number of interference spectrum, including users of the Radio satellites in the fixed-satellite service on sources that might cause aggregation is Astronomy Service (RAS) and EESS a primary basis.’’ We also amend also limited by this fact. GSA has not bands, as observed by CORF.159 § 25.202(a)(8), (a)(10), and (a)(11) made any concrete proposals for out-of- CORF further suggests that the consistent with these changes to reflect band emission limits specific to ESIMs. Commission should clarify the proper all frequency bands.165 Nor did the Commission propose such meaning of ‘‘radio line of sight.’’ 160 ESIMs Application Requirements limits. We therefore decline to adopt Specifically, CORF states it is any out-of-band emission limits that particularly important to note that in In the ESIMs NPRM, the Commission would be specifically applicable to general, the radio and geometric proposed significant reorganization of ESIMs at this time. ESIMs must comply horizons are different because of the part 25 rules governing all types of with the out-of-band emission limits atmospheric refraction.161 Thus, for an ESIMs. As explained in the ESIMs specified in § 25.202(f). atmosphere having a standard NPRM, application requirements for 18.6–18.8 GHz Bands. The National refractivity gradient, the effective radius FSS earth station authorizations at fixed Academy of Sciences, through its of Earth is about four-thirds that of the and temporary-fixed locations are in Committee on Radio Frequencies actual radius, which corresponds to § 25.115. However, the earth station (CORF), expresses concern that ESIMs approximately 8,500 km.162 This license application requirements for operating in the 18.6–18.8 GHz band increases the radio horizon by about 15 ESVs, VMESs, and ESAAs are contained could cause harmful interference to percent compared to the geometric in paragraph (b) of §§ 25.221, 25.222, earth exploration satellite service (EESS) horizon.163 Although we do not 25.226, and 25.227. The Commission systems operating around 18.7 GHz.152 incorporate a definition of ‘‘radio line of proposed to move the ESIM application CORF suggests that ESIMs might cause sight’’ in the rules we adopt here, we requirements into § 25.115 for better interference to EESS satellite receivers note that CORF’s interpretation of radio integration of the rules, and we adopt by transmitting upward toward EESS line of sight is widely accepted. this proposal. Specifically, the satellites in that range.153 CORF also Stratospheric Platforms. The Elefante application requirements for a particular suggests that the introduction of ESIMs Group asks the Commission to ensure frequency band for all types of ESIM could lead to increased use of the 18.6– that its stratospheric platforms would be platforms will be contained in 18.8 GHz band by FSS networks for considered ESAA to enable GSO paragraphs (l) (for C-band), (m) (for Ku- downlink transmissions to ESIM satellite communications with its band), and (n) (for Ka-band) of Section terminals, potentially resulting in platforms.164 We note that our ESAA 25.115. This restructuring is globally 166 increased reflections of satellite signals definition does not set an upper limit on supported by the commenters. off the surface of the Earth and into the altitude of the aircraft Overview of Earth Station Licensing EESS satellite receivers.154 In its reply communicating with a geostationary Rules. As explained in detail in the comments, Boeing states that it reached satellite. In addition, setting such a limit ESIMs NPRM, the part 25 licensing rules out to CORF representatives to discuss was not proposed or addressed in this for FSS earth stations transmitting possible misunderstandings regarding proceeding. We therefore decline to digital emissions to GSO FSS space the nature of operations in the 18.6–18.8 generally state that stratospheric stations provide two main options for obtaining a license for an earth station GHz band.155 Specifically, Boeing notes platforms are included in the definition at a fixed location. The first option for that given the fact that the 18.3–18.8 of ESAA. Proposals for using FSS obtaining such a license is to GHz band is authorized for downlink frequencies for communications demonstrate compliance (in one of two transmissions from FSS satellites, there between such platforms and ways) with default limits on emissions is no potential for ESIMs to transmit in geostationary satellites will be examined in directions other than toward the an upward direction in this frequency taking into consideration their specific target satellite, which are referred to as segment.156 Second, Boeing pointed out, characteristics. off-axis EIRP density limits.167 These that the introduction of ESIMs in the Having addressed the concerns raised limits were developed to implement the 18.3–18.8 GHz band would not result in in the record regarding the expansion of Commission’s GSO FSS space station additional satellite downlink ESIMs to the conventional Ka-band frequency bands, we find it in the two-degree orbital spacing policy. They transmissions in this spectrum, it would ensure earth station compatibility with just increase the number of fixed and public interest to adopt rule changes as proposed in the ESIM NPRM. networks using adjacent satellites in a mobile earth stations that would receive two-degree orbital spacing environment those signals on Earth.157 Further, as Accordingly, we combine footnote NG55 with the relevant portion of NG52 by controlling the level of emissions Boeing states, ‘‘[t]he total number of FSS from an earth station that can be networks operating in the Ka-band using into NG527A, and state: ‘‘In the bands 11.7–12.2 GHz (space-to-Earth), 14.0– transmitted toward adjacent satellite geostationary satellites has been orbital locations. Under this option, governed primarily by the number of 14.5 GHz (Earth-to-space), 18.3–18.8 GHz (space-to-Earth), 19.7–20.2 GHz there are, as indicated, two ways to space stations that can successfully show compliance. One alternative is to operate in a two-degree spacing (space-to-Earth), 28.35–28.6 GHz (Earth- to-space), and 29.25–30.0 GHz (Earth-to- demonstrate that the earth station environment, not any limits on end user antenna gain pattern comports with the 158 space), ESIMs may be authorized to demand for such capacity.’’ We agree off-axis gain limits in § 25.209, and that and will continue to be mindful of the 159 the antenna input power density need to protect the interests of the CORF Comments at 1. 160 CORF Comments at 5. comports with limits in § 25.212. The 161 Id. 152 CORF Comments at 6–10. 162 Id. at 5–6. 165 See Appendix B. 153 CORF Comments at 9. 163 Id. at 6. 166 AC BidCo Comments at 1; Boeing Comments 154 Id. See also Boeing Reply Comments at 5. 164 Elefante Group Comments at 3. We also at 3; Inmarsat Comments at 2; Joint Commenters 155 Boeing Reply Comments at 5–6. decline Elefante Group’s request that the term Comments at 1; ViaSat Comments at 4–5. 156 Id. at 5. ‘‘aircraft’’ as used within the definition of ESAA be 167 The off-axis EIRP density limits are set forth 157 Id. at 5–6. interpreted broadly to include stratospheric in 47 CFR 25.218 for the C- and Ku-bands and in 158 Id. at 6. platforms. Id. at 5. 47 CFR 25.138 for the Ka-band.

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Commission proposed to extend this 0.2 degrees must declare its maximum disagree with this proposal.175 For option to ESIM applications. The other pointing error and show that at the example, the Joint Commenters note alternative, already available to ESIM maximum mispointing, the EIRP density that giving applicants the option of how applicants, is to demonstrate that the limits are still met, is no longer to certify off-axis performance provides off-axis EIRP density of the earth station necessary. Once our new rules go into regulatory flexibility without sacrificing emissions comports with the applicable effect, applicants will have two options protection from harmful interference.176 off-axis EIRP density limits in our ESIM to qualify for a license: Either comply Paragraphs (b)(2)(iii) and (b)(2)(iv) of rules.168 The second option to obtain a with the off-axis EIRP density limits, §§ 25.221, 25.222, 25.226, and 25.227 license is to demonstrate that the and provide the information required by require detailed showings that each operations of the earth stations in the §§ 25.115(l)–(n)(1), or coordinate, and ESAA transmitter in the system will satellite network have been coordinated provide the information required by automatically cease or reduce emissions with operators of networks using §§ 25.115(l)–(n)(2). Additionally, we within 100 milliseconds after generating adjacent satellites that would be affected eliminate the pointing accuracy EIRP density exceeding the applicable by emissions of the earth stations that certification requirements of limits. In the rules proposed in the exceed the default off-axis EIRP density §§ 25.221(b)(1)(iii), 25.222(b)(1)(iii), ESIMs NPRM in § 25.115(l)–(n)(3)(i), the limits, under the coordination 25.226(b)(1)(iii), and 25.227(b)(1)(iii), applicant would have been required to requirements of § 25.220. subparagraphs (A) and (B). We also show how the transmitter will detect Commenters support the proposals eliminate the maximum mispointing exceedance of the off-axis EIRP density that both of these licensing mechanisms declaration requirements that were in mask and reduce the power of or shut 169 be available to ESIM operators. paragraphs (b)(1)(iv)(A) and the down one or more transmitters within Regarding the alternative of certifying cessation of transmissions upon 100 milliseconds of receiving a compliance with the antenna pattern mispointing demonstration command to do so from the system’s specifications in § 25.209 and the requirements in paragraphs (b)(1)(iv)(B) network control and monitoring center, antenna input power density in §§ 25.221, 25.222, 25.226, and 25.227. if the aggregate off-axis EIRP spectral- requirements in § 25.212, in addition to We adopt, without commenter densities of the transmitter or the current option of showing that the transmitters exceed the relevant off-axis § 25.218 off-axis EIRP density limits are objection, the proposal to retain the requirement to provide the off-axis EIRP EIRP spectral-density limits. met, AC BidCo states that there is Many commenters argue against the consensus in favor of the Commission’s density showing required by §§ 25.115(g)(1), and the coordination demonstration requirement in our plan to give ESIM applicants this proposal. For example, Inmarsat argues flexibility.170 As explained in more certifications required by § 25.220(d), for applicants that will not meet the off- that such demonstration at the detail below, we adopt the plan to application phase that would produce continue to make both options for axis EIRP density limits. Paragraphs (b)(2), (b)(2)(i) and (b)(2)(ii) of §§ 25.221, the necessary ‘‘detailed showings’’ obtaining a license available for ESIMs would be impractical and and revise our rules to allow ESIM 25.222, 25.226, and 25.227 apply to an burdensome.177 Inmarsat submits that applicants to use both alternatives for applicant proposing to operate with off- applicants should be able to certify showing compliance under the first axis EIRP density in excess of the levels compliance in their applications, just option.171 As discussed above,172 we are in paragraph (a)(1)(i) or (a)(3)(i) of these like the requirements of § 25.227.178 eliminating antenna pointing accuracy sections. Such an applicant will apply under the provisions in subparagraphs Similarly, the Joint Commenters state requirements for ESIMs. Therefore, the they cannot support the proposal, as showings regarding antenna pointing (a)(2) of § 25.115(l)–(n), which contain substantially the same requirements for written, to include a requirement to accuracy in paragraphs (b)(1) of demonstrate how the cessation §§ 25.221, 25.222, 25.226, and 25.227 exhibits to its earth station application. requirement will be met.179 Boeing also will no longer be required. Similarly, The Commission further proposed to states that it concurs with Intelsat and the ESIM application showing required allow ESIM applicants the option of Inmarsat’s explanation that it would be for applicants proposing to meet the 0.2 certifying compliance with the antenna appropriate for the Commission to degree antenna pointing accuracy pattern requirements of § 25.209 and the permit ESIMs applicants to certify that requirement in paragraphs (b)(1)(iii) of antenna input power density their earth station terminals will comply §§ 25.221, 25.222, 25.226, and 25.227 is requirements of § 25.212, in lieu of the with the Commission’s shut down no longer relevant. Again, because we off-axis EIRP density limits in requirements to ensure compliance with are eliminating the antenna pointing § 25.218.173 This is not a substantive the off-axis power spectral density accuracy requirement, the requirement change, because the off-axis EIRP limits, rather than require a in the existing ESIM rules that an density limits in § 25.218, and those ‘‘demonstration’’ of such compliance.180 applicant proposing to operate with a resulting from the summing of the Such a certification requirement would maximum pointing error greater than antenna input power density limits in be consistent with the Commission’s § 25.212 and the antenna off-axis gain existing rules regarding antenna 168 These provisions are set forth in paragraphs limits in § 25.209 are the same as the (b)(1) of §§ 25.221, 25.222, 25.226, and 25.227. pointing and cessation requirements off-axis EIRP density limits in the 181 169 and therefore should be adopted. AC BidCo Comments at 3; Joint Commenters individual ESIM §§ 25.221, 25.222, Comments at 3; AC BidCo Reply Comments at 2; 174 Hughes provides suggested text for ViaSat Reply Comments at 4. 25.226, and 25.227. No commenters 170 AC BidCo Reply Comments at 4. 175 See, e.g., AC BidCo Comments at 3; Boeing 171 173 The Joint Commenters support the proposal to NPRM, 32 FCC Rcd at 4254, para. 58. For Comments at 4; Joint Commenter Comments at 3; permit applicants to demonstrate technical completeness, we note that cross-references in ViaSat Comments at 8. compliance by either certifying compliance with (1) § 25.212 are revised to reflect the changes to 176 Joint Commenter Comments at 3. the off-axis antenna gain limits in § 25.209 and the §§ 25.138, 25.221, 25.222, 25.226, and 25.227. 177 Inmarsat Comments at 4. antenna input power density limits in § 25.212 or 174 In the 2015 Second Report and Order, the 178 (2) the off-axis EIRP density limits set forth in Commission adopted the same definition of q as Id. § 25.218. Joint Commenters at 3. See also AC BidCo described in the preceding paragraph in § 25.209, 179 Joint Commenters at 4. at 3. the off-axis antenna gain limits rule. 2015 Second 180 Boeing Comments at 2. 172 See para. 0 supra. Report and Order, 30 FCC Rcd 14713. 181 Id.

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certification rather than Paragraphs (b)(7) of §§ 25.226 and NPRM and the version that we adopt in demonstration.182 25.227 require that any VMES or ESAA this Report and Order because § 25.130 After further consideration, we agree applicant must include in its was updated by the Spectrum Frontiers with commenters that a certification is application a certification that it will Second Report and Order.191 The sufficient for the purposes of this comply with the requirements of changes to § 25.130(b) are brought into application requirement. We have used paragraphs (a)(6) of those sections, and § 25.115(a)(6)(i)–(iv), and the Note to a certification process elsewhere in our paragraphs (a)(9), (a)(10), and (a)(11) of paragraph (g) is now incorporated as a rules and it has proven effective at § 25.227. The Commission invited Note to (a)(10). Further, the Note is ensuring that licensees satisfy the comment as to whether the certification revised to eliminate cross-references to technical requirements of our rules.183 requirement serves a useful purpose, or the individual ESIM §§ 25.221, 25.222, Thus, Sections 25.115(l)–(n)(3)(i) will whether the Commission should 25.226, and 25.227, and is revised to require all applicants to: ‘‘provide a eliminate it, because Commission cross-reference the appropriate certification that the ESIM system is licensees are required to comply with paragraphs of § 25.115. capable of detecting and automatically all applicable Commission rules. AC Further, the last sentence of ceasing emissions when an individual BidCo comments that ‘‘eliminating this § 25.130(a) previously stated that ESIM transmitter exceeds the relevant certification requirement will have no ‘‘applicants that are not required to off-axis EIRP spectral density limits effect on the substantive technical and submit applications on Form 312EZ’’ specified in § 25.218, or the limits operational standards that an ESIM must submit the information in provided to the target satellite operator operator must meet.’’ 187 Because subparagraphs (1)–(5) of § 25.130(a) as for operation under § 25.220.’’ licensees will be required to comply an attachment to their applications. The The certification for a C-band ESV with these provisions even without the use of Form 312EZ is not mandatory, system in § 25.221(b)(3)(v) regarding certification requirement, we agree, and but rather, use is an option available to compliance with the power limits in will no longer require such a applicants under some circumstances. § 25.204(h) is eliminated as no longer certification. Therefore, as proposed, we change the necessary. However, we retain a We proposed to remove § 25.226(b)(8), word ‘‘required’’ to ‘‘permitted’’. We technical and operational requirement which states, in part, that all VMES reserve § 25.130. Cross-references to this to meet the power limits in § 25.204(h) applicants must demonstrate that their section are redirected to the appropriate in redesignated § 25.228(h)(7). VMES terminals are capable of paragraphs in § 25.115. As proposed, we note that the automatically ceasing transmissions Similarly, we move all requirements requirements that were in paragraphs upon the loss of synchronization or regarding receive-only earth stations, (b)(5) of §§ 25.226 and 25.227 that any within 5 seconds upon loss of reception with minor revisions, from § 25.131 into VMES or ESAA applicant filing for a of the satellite downlink signal, § 25.115(b).192 We reserve § 25.131, and terminal or system and planning to use whichever is the shorter timeframe. This redirect any cross-references to this a contention protocol must include in is redundant with § 25.271(g), which section to the appropriate paragraphs in its application a certification that its applies by its terms to all transmitting § 25.115. contention protocol use will be earth stations. It is not necessary to reasonable is substantially the same as duplicate the provisions in § 25.271(g) Other Miscellaneous Changes to the requirement in § 25.115(i), which we in a rule intended specifically for § 25.115 construe as applying to applications for ESIMs. Additionally, the requirement We adopt the proposals to reorganize ESIMs.184 Therefore, we will not for radiation hazard mitigation that had and remove sections that are redundant duplicate the language from been included in § 25.226(b)(8) is or better included elsewhere in the §§ 25.226(b)(5) and 25.227(b)(5) in the incorporated into § 25.228(d), as reorganized sections.193 Specifically, we ESIM rules brought into § 25.115. explained above. incorporate the language regarding Further, as proposed, we delete the Finally, as proposed, we retain the instructions for electronically filing requirements that were in paragraphs requirements in paragraphs (b)(4) of from § 25.115(a)(4), into § 25.115(a)(1). (b)(8) of §§ 25.226 and 25.227 that §§ 25.221, 25.222, 25.222, 25.226, and We revise the cross-references in VMES and ESAA applicants must 25.227, in paragraphs (b)(5) of §§ 25.221 § 25.115(k)(1) to §§ 25.221, 25.226, and submit a radio frequency hazard and 25.222 and (b)(6) of §§ 25.226 and 25.227 to refer instead to the proposed analysis determining via calculation, 25.227, and in paragraphs (b)(6) of paragraphs (l)–(n) of § 25.115, consistent simulation, or field measurement, §§ 25.221 and 25.222 and (b)(8) of with the unifying of the application whether ESAA terminals, or classes of §§ 25.226 and 25.227, and move those requirements into § 25.115. Similarly, terminals, will produce power densities requirements into paragraphs (l)–(n) of we adopt non-substantive changes to that will exceed the Commission’s radio § 25.115.188 Inmarsat supports this § 25.115(k)(2). The proposed changes to frequency exposure criteria as proposal as promoting uniformity and 25.115(c)(1) discussed in the ESIMs duplicative of § 1.1307(b) of the efficiency.189 NPRM were previously adopted in the 185 Commission’s rules. Similarly, we Merging §§ 25.130 and 25.131 Into NGSO FSS Report and Order.194 delete paragraphs (b)(7) of §§ 25.221 and § 25.115 25.222 and § 25.226(b)(9) as duplicative 191 Use of Spectrum Bands Above 24 GHz For of 25.115(k)(1), which we construe as We adopt the Commission’s proposals Mobile Radio Services et al., Second Report and applicable to ESIM applications.186 to move the requirements in § 25.130 Order, Second Further Notice of Proposed into § 25.115(a)(5)–(10).190 We note that Rulemaking, Order on Reconsideration, and there is a difference between what the Memorandum Opinion and Order, 32 FCC Rcd 182 Hughes Comments at 4–5. 10988 (2017). 183 See e.g., 47 CFR 25.140(a) (requiring GSO FSS Commission proposed in the ESIMs 192 A list of the existing paragraphs in § 25.131 space station applications to contain certifications and the corresponding proposed paragraphs in of compliance with certain technical requirements, 187 AC BidCo Comments at 4. § 25.115 appears in Table 2 of Appendix C. without submission of any backup evidence or 188 NPRM, 32 FCC Rcd at 4256–57, para. 69. 193 NPRM, 32 FCC Rcd at 4257, para. 72. demonstrations). 189 Inmarsat Comments at 4. 194 Update to Parts 2 and 25 Concerning Non- 184 NPRM, 32 FCC Rcd at 4356, para. 65. 190 A list of the existing paragraphs in § 25.130 Geostationary, Fixed-Satellite Service Systems and 185 47 CFR 1.1307(b). and the corresponding proposed paragraphs in Related Matters, Report and Order and Further 186 NPRM, 32 FCC Rcd at 4256, para. 66. § 25.115 appears in Table 1 of Appendix C. Notice of Proposed Rulemaking, 32 FCC Rcd 7809,

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Changes Required in Additional consolidate the requirements in Report and Order to the Chief Counsel Sections of the Commission’s Rules: paragraphs (i)–(k) of § 25.204 into for Advocacy of the Small Business §§ 25.129, 25.133, 25.140, 25.202, § 25.228(j)(2).197 Administration. 25.204, 25.209, and 25.258 and Notes to In addition to moving the ESIM- It is further ordered that the the Table of Frequency Allocations related sentence of footnote NG52 of the Commission’s Consumer and Table of Frequency Allocations into The Commission proposed several Governmental Affairs Bureau, Reference NG527A 198 that language in footnote additional changes in other sections of Information Center, sent a copy of this NG52 is also revised to refer to ESIMs part 25 to harmonize the various rule Report and Order to Congress and the rather than ESVs, VMESs, and ESAAs to sections involving ESIMs. We are Government Accountability Office be consistent with the terminology updating cross-references to sections pursuant to the Congressional Review adopted in this Report and Order.199 which are being eliminated or Act, see 5 U.S.C. 801(a)(1)(A). Finally, footnote US133 of the Table of reorganized accordingly. Specifically, Frequency Allocation contained cross- List of Subjects we eliminate references to §§ 25.221, references to sub-paragraphs of 47 CFR Part 2 25.222, 25.226 and 25.227 in §§ 25.226 and 25.227 that are updated to §§ 25.202(a)(8) and 25.140(d)(1). Section point to the appropriate sub-paragraphs Radio, Table of Frequency 25.140(d)(1) also has an updated of § 25.228.200 Allocations. reference to § 25.218. Additionally, we 47 CFR Part 25 update the cross-reference to § 25.138(a) Procedural Matters in § 25.140(a)(3)(iii) to point to In this document, we have assessed Administrative practice and § 25.218(i), which will contain the off- the effects of reducing the application procedure, Earth stations, Satellites. axis EIRP density limits contained in burdens of GSO FSS ESIM applicants, Federal Communications Commission. § 25.138(a). Similarly, we revise the and find that doing so will serve the Katura Jackson, cross-reference to § 25.138(a) in public interest and is unlikely to Federal Register Liaison Officer, Office of the § 25.258(b) regarding operation of directly affect businesses with fewer Secretary. ubiquitously deployed GSO FSS earth than 25 employees. stations in the 29.25–29.5 GHz Congressional Review Act. The Final Rules frequency band to point to § 25.218(i). Commission sent a copy of this Report For the reasons discussed in the We are also eliminating cross-references and Order to Congress and the preamble, the Federal Communications to §§ 25.221, 25.222, 25.226, and 25.227 Government Accountability Office Commission amends 47 CFR parts 2 and in §§ 25.115(g)(1)(iv) and (vii). Further, pursuant to the Congressional Review 25 as follows: we are eliminating cross-references to Act, see 5 U.S.C. 801(a)(1)(A). § 25.138, e.g. from §§ 25.115(c)(3)(i)(B), PART 2—FREQUENCY ALLOCATIONS (c)(3)(ii), and 25.132(d). In § 25.133(d), Conclusion and Ordering Clauses AND RADIO TREATY MATTERS; the reference to § 25.131 is updated to It is ordered, pursuant to sections 4(i), GENERAL RULES AND REGULATIONS reflect the requirement being 7(a), 303, 308(b), and 316 of the reorganized into § 25.115(b). Communications Act of 1934, as ■ 1. The authority citation for part 2 Because § 25.138 is being removed amended, 47 U.S.C. 154(i), 157(a), 303, continues to read as follows: and reserved, we remove the reference 308(b), 316, that this Report and Order Authority: 47 U.S.C. 154, 302a, 303, and to it in § 25.129(c).195 For the same is adopted, the policies, rules, and 336, unless otherwise noted. reasons, we remove references to requirements discussed herein are ■ 2. Amend § 2.106, the Table of § 25.221 in § 25.140(a)(3)(i), and to adopted, parts 2 and 25 of the Frequency Allocations, by: §§ 25.222, 25.226, and 25.227 in Commission’s rules are amended as set ■ a. Revising pages 41, 44, 48, 49, 50, § 25.140(a)(3)(ii).196 For completeness, forth in Appendix B, and this Further 52, and 55; we also note that we eliminate similar Notice of Proposed Rulemaking is ■ b. Adding footnotes 5.484B and obsolete cross-references in § 25.220(a). adopted. 5.527A in the list of International We revise the cross-references to It is further ordered that the rules and Footnotes; §§ 25.130 and 25.131 in § 25.209(c)(1) to requirements adopted in the Report and ■ reflect the move of the particular Order will become effective October 8, c. Revising footnote US133 in the list of United States (US) Footnotes; and requirements to §§ 25.115(b)(2) and 2019. ■ (b)(4). Similarly, we revise § 25.209(f) to It is further ordered that the d. In the list of non-Federal Commission’s Consumer and Government (NG) Footnotes by: eliminate the reference to §§ 25.138, ■ Governmental Affairs Bureau, Reference i. Revising footnote NG52; 25.221, 25.222, 25.226, and 25.227, and ■ to refer instead to § 25.218, as well as Information Center, sent a copy of this ii. Removing footnotes NG55, NG180, and NG181; and other clarifying changes. These changes ■ are necessary to reflect the changes to 197 A list of the existing paragraphs in § 25.204 iii. Adding footnotes NG457A and requirements for demonstrations for a and the corresponding proposed paragraphs in NG527A. § 25.228 appears in Table 6 of Appendix C. non-conforming antenna. We also The revisions and additions read as 198 47 CFR 2.106. follows: 199 See Appendix B—Final Rules. Appendix A (2017) (NGSO FSS Order or NGSO FSS 200 We also adopt the proposal to add footnotes § 2.106 Table of Frequency Allocations. FNPRM). 5.484B and 5.527A, which relate to ESIM use and 195 See Appendix B. were adopted in WRC–15, to the International * * * * * 196 Id. Table. BILLING CODE 6712–01–P

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VerDate Sep<11>2014 18:16 Oct 07, 2019 Jkt 250001 PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 E:\FR\FM\08OCR1.SGM 08OCR1 jbell on DSK3GLQ082PROD with RULES ER08OC19.025 53646 Federal Register / Vol. 84, No. 195 / Tuesday, October 8, 2019 / Rules and Regulations 48 (90) (90) (25) (25) Page (101) (101) (97) Mobile Mobile Radio Land Land Microwave Microwave Communications Communications Satellite Satellite Private Private Fixed Fixed Amateur US211 NG143 (passive) (space-to- (space-to- US131 5.488 NG50 US108 US108 (passive) 5.441 5.485 RESEARCH EXPLORATION- NG50 US131 US482 US128 location SATELLITE NG52 NG527A Earth) Earth) 11.7-12.2 10.55-10.6 10.6-10.68 10-10.45 10.45-10.5 10.7-11.7 SPACE US130 Radio US128 EARTH Radiolocation Radiolocation FIXED FIXED FIXED FIXED-SATELLITE FIXED-SATELLITE 9.9-10 5.479 5.479 Amateur Amateur Amateur-satellite (passive) G32 US74 (passive) (passive) US108 US59 US482 (passive) RESEARCH RESEARCH EXPLORATION- EXPLORATION-SATELLITE US131 US211 US246 ASTRONOMY US128 SATELLITE 10.5-10.55 11.7-12.2 10-10.5 10.55-10.6 10.6-10.68 10.68-10.7 10.7-11.7 SPACE SPACE US131 US131 RADIOLOCATION RADIOLOCATION RADIOLOCATION EARTH US130 EARTH RADIO 9.9-10 5.479 5.479 5.492 mobile aeronautical A except 5.484A 5.484B 11.7-12.2 5.487 5.487 BROADCASTING MOBILE BROADCASTING-SATELLITE FIXED 10-10.45 MOBILE RADIOLOCATION FIXED 5.479 Amateur 5.441 mobile mobile (space-to-Earth) (space-to-Earth) (space-to-Earth) 5.488 5.488 aeronautical aeronautical except 5.486 except 5.480 5.484A 5.484B 5.484A 5.484B 11.7-12.1 12.1-12.2 10.7-11.7 MOBILE Mobile FIXED FIXED-SATELLITE FIXED FIXED-SATELLITE FIXED-SATELLITE 5.485 5.485 5.489 10-10.45 10.5-10.55 MOBILE RADIOLOCATION RADIOLOCATION FIXED 5.479 Amateur (passive) (passive) mobile mobile mobile (passive) (passive) (space-to-Earth) 5.484 5.484B aeronautical aeronautical aeronautical aeronautical 5.479 5.482A A except except except except 5.484A RESEARCH RESEARCH EXPLORATION-SATELLITE EXPLORATION-SATELLITE ASTRONOMY ASTRONOMY 5.478 5.482 5.483 5.487 (Earth-to-space) mobile 5.441 5.492 10-10.45 10.45-10.5 10.5-10.55 10.55-10.6 10.6-10.68 10.68-10.7 10.7-11.7 11.7-12.5 MOBILE MOBILE MOBILE MOBILE MOBILE MOBILE BROADCASTING RADIOLOCATION RADIOLOCATION RADIOLOCATION EARTH RADIO EARTH RADIO BROADCASTING-SATELLITE Fixed FIXED FIXED Radiolocation FIXED Radiolocation FIXED Radiolocation FIXED FIXED-SATELLITE FIXED 5.481 9.9-10 5.477 5.479 SPACE 5.149 SPACE 5.340 5.487 Amateur Amateur-satellite Amateur

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VerDate Sep<11>2014 18:16 Oct 07, 2019 Jkt 250001 PO 00000 Frm 00071 Fmt 4700 Sfmt 4725 E:\FR\FM\08OCR1.SGM 08OCR1 jbell on DSK3GLQ082PROD with RULES ER08OC19.027 53648 Federal Register / Vol. 84, No. 195 / Tuesday, October 8, 2019 / Rules and Regulations 50 Page (Earth-to-space) (Earth-to-space) US342 (Earth-to-space) (Earth-to-space) US133 US211 NG527A NG527A (passive) 14.2-14.47 14.47-14.5 14.5-14.8 14.8-15.1365 15.1365-15.35 US113 Mobile-satellite Mobile-satellite US310 FIXED-SATELLITE FIXED-SATELLITE 5.339 US74 (passive) liON-SATELLITE US342 RESEARCH RESEARCH RESEARCH EXPLORA US133 ASTRONOMY research research US211 14.4-14.47 14.47-14.5 15.35-15.4 14.2-14.4 14.5-14.7145 14.7145-14.8 14.8-15.1365 15.1365-15.35 SPACE Space Space SPACE SPACE Mobile Mobile US113 Mobile MOBILE MOBILE US310 Mobile EARTH RADIO US246 Fixed Fixed Fixed Fixed FIXED FIXED 5.339 mobile 5.506 (Earth-to-space) 5.484B 5.509A aeronautical (Earth-to-space) 5.484A 5.506A except A 5.457 5.506B 5.504B 14.3-14.4 MOBILE Mobile-satellite FIXED FIXED-SATELLITE Radionavigation-satellite 5.504A 5.506B 5.506B 5.506 5.506 5.506 5.506B (Earth-to-space) 5.484B 5.506 5.484B 5.484B (Earth-to-space) 5.484A 5.484A 5.484A A 5.508A 5.509A 5.509A 5.457B 5.484A 5.457B 5.457 5.506B 5.506A 14.3-14.4 Mobile-satellite FIXED-SATELLITE Radionavigation-satellite 5.504A A A 5.506A 5.506A (passive) 5.457 5.457A 5.457B 5.510 5.457 5.504B 5.506A 5.504B 5.504B 5.504B mobile mobile mobile 5.484B 5.504 (passive) (Earth-to-space) (Earth-to-space) (Earth-to-space) (Earth-to-space) (Earth-to-space) 5.484A aeronautical aeronautical aeronautical (space-to-Earth) (Earth-to-space) (Earth-to-space) (Earth-to-space) (Earth-to-space) 5.457B except except except 5.506B 5.505 5.505 5.508 RESEARCH EXPLORATION-SATELLITE ASTRONOMY A research research research research 5.511 5.504A astronomy 5.506 5.457 5.506A 5.509A 14.25-14.3 14.3-14.4 Mobile-satellite MOBILE Mobile-satellite FIXED-SATELLITE RADIONAVIGATION FIXED FIXED-SATELLITE Radionavigation-satellite 14.4-14.47 14.47-14.5 14.5-14.8 14.8-15.35 15.35-15.4 5.504A 5.504A 5.504A SPACE Space Space Space Space MOBILE Mobile-satellite MOBILE Mobile-satellite Radio MOBILE EARTH RADIO MOBILE FIXED FIXED-SATELLITE FIXED FIXED-SATELLITE FIXED FIXED-SATELLITE FIXED 5.504A 5.149 5.339 5.340

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VerDate Sep<11>2014 18:16 Oct 07, 2019 Jkt 250001 PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 E:\FR\FM\08OCR1.SGM 08OCR1 jbell on DSK3GLQ082PROD with RULES ER08OC19.028 Federal Register / Vol. 84, No. 195 / Tuesday, October 8, 2019 / Rules and Regulations 53649 52 01) (25) (25) (25) (25) (1 (101) Page (78) (78) Auxiliary Auxiliary Relay Relay TV TV Microwave Microwave Broadcast Broadcast Communications Communications Communications Communications (74F) (74F) Fixed Fixed TV TV Satellite Satellite Satellite Satellite Cable Cable time (space-to-Earth) (passive) and (space-to-Earth) (space-to-Earth) (space-to-Earth) (space-to-Earth) (space-to-Earth) NG527A (space-to-Earth) US334 (space-to-Earth) (passive) NG527A NG164 frequency RESEARCH EXPLORATION- US519 US334 US254 US334 SATELLITE NG164 US255 NG165 NG166 NG527A signal-satellite 19.3-19.7 18.8-19.3 19.7-20.2 17.8-18.3 18.3-18.6 18.6-18.8 US139 US139 US334 EARTH US139 US334 MOBILE-SATELLITE US334 FIXED FIXED FIXED-SATELLITE FIXED-SATELLITE FIXED-SATELLITE FIXED-SATELLITE FIXED-SATELLITE Fixed-satellite 20.2-21.2 5.525 5.526 5.527 5.528 5.529 SPACE Standard G117 time (passive) and (space-to- (space-to- (space-to- (space-to- G117 G117 G117 US334 (space-to-Earth) (passive) frequency US334 US334 US255 US334 RESEARCH EXPLORATION- US254 SATELLITE (space-to-Earth) (space-to-Earth) Earth) Earth) Earth) Earth) signal-satellite 18.8-20.2 17.8-18.3 18.3-18.6 18.6-18.8 US519 US139 EARTH US139 MOBILE-SATELLITE FIXED-SATELLITE FIXED-SATELLITE FIXED-SATELLITE FIXED-SATELLITE FIXED-SATELLITE 20.2-21.2 SPACE Standard G117 US139 mobile 5.527A (space-to-Earth) (space-to-Earth) (space-to-Earth) aeronautical (passive) (passive) 5.484B 5.516B except EXPLORATION- research 5.522B SATELLITE 5.523E 19.7-20.1 Mobile-satellite FIXED-SATELLITE 5.524 18.6-18.8 Space EARTH MOBILE FIXED FIXED-SATELLITE 5.522A 529 5.520 5.523D mobile 5.528 5.516 5.527A 5.484A 5.523C (space-to-Earth) (passive) 5.527 (space-to-Earth) (space-to-Earth) (space-to-Earth) aeronautical 5.523B (Earth-to-space) (passive) 5.522B 5.484B 5.516B (Earth-to-space) except RESEARCH EXPLORATION- 5.523A (space-to-Earth) SATELLITE 5.484A 5.516B 5.484A 17.8-18.1 19.7-20.1 18.6-18.8 MOBILE MOBILE EARTH MOBILE-SATELLITE FIXED FIXED-SATELLITE FIXED FIXED-SATELLITE FIXED-SATELLITE 5.519 5.522A 5.524 5.525 5.526 SPACE 5.484A 5.516B 5.484A 5.516B 5.516B 5.484A 5.484B 5.516B 5.527A (Earth-to-space) A signal-satellite mobile 5.527 time (space-to-Earth) (space-to-Earth) and (space-to-Earth) (space-to-Earth) (space-to-Earth) (space-to-Earth) (space-to-Earth) (space-to-Earth) (space-to-Earth) 5.522B aeronautical (passive) (space-to-Earth) (passive) 5.484B 5.516B frequency except 5.522C EXPLORATION- research 5.521 SATELLITE (space-to-Earth) 5.484A 19.7-20.1 18.1-18.4 18.4-18.6 18.6-18.8 18.8-19.3 19.3-19.7 MOBILE MOBILE EARTH MOBILE MOBILE MOBILE Mobile-satellite MOBILE-SATELLITE MOBILE-SATELLITE FIXED FIXED-SATELLITE FIXED FIXED-SATELLITE FIXED FIXED-SATELLITE FIXED FIXED-SATELLITE FIXED FIXED-SATELLITE FIXED-SATELLITE FIXED-SATELLITE FIXED-SATELLITE 20.1-20.2 20.2-21.2 5.524 5.525 5.526 5.527 5.528 5.519 5.522A 5.524 5.524 Space Standard

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BILLING CODE 6712–01–C authorized to communicate with aircraft that receives from and transmits * * * * * geostationary satellites on a primary to geostationary-orbit Fixed-Satellite International Footnotes basis. Service space stations. * * * * * * * * * * * * * * * NG527A Earth Stations in Motion Earth Station in Motion (ESIM). A 5.484B Resolution 155 (WRC–15) (ESIMs), as regulated under 47 CFR part term that collectively designates ESV, shall apply. (WRC–15) 25, are an application of the fixed- VMES and ESAA earth stations, as * * * * * satellite service (FSS) and the following defined in this section. 5.527A The operation of earth provisions shall apply: stations in motion communicating with * * * * * (a) In the bands 10.95–11.2 GHz Network Control and Monitoring the FSS is subject to Resolution 156 (space-to-Earth) and 11.45–11.7 GHz (WRC–15). (WRC–15) Center (NCMC). An NCMC, as used in (space-to-Earth), ESIMs may be Part 25, is a facility that has the * * * * * authorized to communicate with capability to remotely control earth United States (US) Footnotes geostationary satellites, subject to the stations operating as part of a satellite condition that these earth stations may network or system. * * * * * not claim protection from transmissions US133 In the bands 14–14.2 GHz * * * * * of non-Federal stations in the fixed and 14.47–14.5 GHz, the following Routine processing or licensing. service. provisions shall apply to the operations Expedited processing of unopposed (b) In the bands 11.7–12.2 GHz (space- of Earth Stations Aboard Aircraft applications for earth stations in the to-Earth), 14.0–14.5 GHz (Earth-to- (ESAA): FSS communicating with GSO space (a) In the band 14–14.2 GHz, ESAA space), 18.3–18.8 GHz (space-to-Earth), stations that satisfy the criteria in licensees proposing to operate within 19.7–20.2 GHz (space-to-Earth), 28.35– § 25.211(d), § 25.212(c), § 25.212(d), radio line-of-sight of the coordinates 28.6 GHz (Earth-to-space), and 29.25– § 25.212(e), § 25.212(f), § 25.218, or specified in 47 CFR 25.228(j)(1) are 30.0 GHz (Earth-to-space), ESIMs may § 25.223(b), include all required subject to prior coordination with NTIA be authorized to communicate with information, are consistent with all in order to minimize harmful geostationary satellites on a primary Commission rules, and do not raise any interference to the ground terminals of basis. policy issues. Some, but not all, routine NASA’s Tracking and Data Relay * * * * * earth station applications are eligible for Satellite System (TDRSS). an autogrant procedure under (b) In the band 14.47–14.5 GHz, PART 25—SATELLITE § 25.115(a)(3). COMMUNICATIONS operations within radio line-of-sight of * * * * * the radio astronomy stations specified ■ Two-degree-compliant space station. in 47 CFR 25.228(j)(3) are subject to 3. The authority citation for part 25 continues to read as follows: A GSO FSS space station operating in coordination with the National Science the conventional or extended C-bands, Foundation in accordance with the Authority: 47 U.S.C. 154, 301, 302, 303, the conventional or extended Ku-bands, requirements set forth in that rule 307, 309, 310, 319, 332, 605, and 721, unless otherwise noted. or the conventional Ka-band within the section. limits on downlink EIRP density or PFD ■ * * * * * 4. Amend § 25.103 by: specified in § 25.140(a)(3) and ■ a. Revising the definition of ‘‘Blanket Non-Federal Government (NG) communicating only with earth stations license’’; operating in conformance with routine Footnotes ■ b. Removing the definition of ‘‘Earth uplink parameters specified in * * * * * Stations Aboard Aircraft (ESAA)’’ and § 25.211(d), § 25.212(c), (d), (e), or (f), or NG52 Except as provided for by adding in its place a definition for § 25.218. NG527A, use of the bands 10.7–11.7 ‘‘Earth Station Aboard Aircraft (ESAA)’’; Vehicle-Mounted Earth Station ■ GHz (space-to-Earth) and 12.75–13.25 b. Adding definitions in alphabetical (VMES). An earth station, operating GHz (Earth-to-space) by geostationary order for ‘‘Earth Station in Motion from a motorized vehicle that travels satellites in the fixed-satellite service (ESIM)’’ and ‘‘Network Control and primarily on land, that receives from shall be limited to international Monitoring Center’’; and and transmits to geostationary orbit ■ systems, i.e., other than domestic c. Revising the definitions of ‘‘Routine Fixed-Satellite Service space stations systems. processing or licensing’’, ‘‘Two-degree and operates within the United States. * * * * * compliant space station’’, and ‘‘Vehicle- ■ Mounted Earth Station (VMES)’’. 5. Amend § 25.115 by: NG457A Earth stations on vessels ■ a. Revising paragraphs (a)(1) and The revisions and additions read as (ESVs), as regulated under 47 CFR part (a)(2)(iii); follows: 25, are an application of the fixed- ■ b. Removing and reserving paragraph satellite service and the following § 25.103 Definitions. (a)(4); provisions shall apply: ■ c. Adding paragraphs (a)(5) through (a) In the band 3700–4200 MHz * * * * * Blanket license. A license for: (10); (space-to-Earth), ESVs may be ■ d. Revising paragraphs (b), (c)(1), authorized to communicate with (1) Multiple earth stations in the FSS or MSS, or for SDARS terrestrial (c)(2)(i)(A), (c)(3)(i)(B), (c)(3)(ii), (e)(1), geostationary satellites and, while (g)(1)(vii), and (k); and docked, may be coordinated for up to repeaters, that may be operated ■ anywhere within a geographic area e. Adding paragraphs (l), (m), and (n). 180 days, renewable. ESVs in motion The revisions and additions read as specified in the license; or are subject to the condition that these follows: earth stations may not claim protection (2) For multiple space stations in non- from transmissions of non-Federal geostationary-orbit. § 25.115 Applications for earth station stations in the fixed service. * * * * * authorizations. (b) In the band 5925–6425 MHz Earth Station Aboard Aircraft (ESAA). (a)(1) Transmitting earth stations. (Earth-to-space), ESVs may be An earth station operating aboard an Commission authorization must be

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obtained for authority to operate a criteria specified in that section, must be filed electronically through the transmitting earth station. Applications including any showings required under International Bureau Filing System for transmitting earth stations must be § 25.136(a)(4), (c), (d)(4), and/or (e)(4). (IBFS) in accordance with the filed electronically through the (7) In those cases where an applicant applicable provisions of part 1, subpart International Bureau Filing System is filing a number of essentially similar Y of this chapter. (IBFS) in accordance with the applications, showings of a general (1) Receive-only earth stations in the applicable provisions of part 1, subpart nature applicable to all of the proposed FSS that operate with U.S.-licensed Y of this chapter. Applications must be stations may be submitted in the initial space stations, or with non-U.S.- filed electronically on FCC Form 312, application and incorporated by licensed space stations that have been Main Form and Schedule B, and include reference in subsequent applications. duly approved for U.S. market access, the information specified in this section, (8) Transmissions of signals or may be registered with the Commission except as set forth in paragraph (a)(2) of programming to non-U.S. licensed in order to protect them from this section. satellites, and to and/or from foreign interference from terrestrial microwave (2) * * * points by means of U.S.-licensed fixed stations in bands shared co-equally with (iii) The application meets all relevant satellites may be subject to restrictions the Fixed Service in accordance with criteria in § 25.211 or § 25.212 or as a result of international agreements or the procedures of §§ 25.203 and 25.251, includes information filed pursuant to treaties. The Commission will maintain subject to the stricture in § 25.209(c). paragraph (g)(1) of this section public information on the status of any (2) Licensing or registration of indicating that off-axis EIRP density such agreements. receive-only earth stations with the from the proposed earth stations will (9) Applicants seeking to operate in a Commission confers no authority to not exceed relevant levels specified in shared government/non-government receive and use signals or programming § 25.218; and band must provide the half-power beam received from satellites. See Section 705 width of their proposed earth station of the Communications Act. 47 U.S.C. * * * * * antenna, as an attachment to their 605. (5) Applicants that are not permitted applications. (3) Applications for registration must to submit applications under paragraph (10) With the exception of be accompanied by the coordination (a)(2) of this section on Form 312EZ, applications for blanket-licensed earth exhibit required by § 25.203 and any must submit, as an attachment to their station networks filed pursuant to other required exhibits. application, the following information § 25.115(c) or § 25.218; applications for (4) Complete applications for to be used as an ‘‘informative’’ in the conventional Ka-band hub stations filed registration will be placed on public public notice issued under § 25.151: pursuant to § 25.115(e); applications for notice for 30 days and automatically (i) A detailed description of the NGSO FSS gateway earth stations filed granted if no objection is submitted to service to be provided, including pursuant to § 25.115(f); applications for the Commission and served on the frequency bands and satellites to be individually licensed earth stations filed applicant. Additional pleadings are used. The applicant must identify either pursuant to § 25.136; applications for authorized in accordance with § 1.45 of the specific satellite(s) with which it ESIMs filed pursuant to § 25.115(l), this chapter. plans to operate, or the eastern and § 25.115(m), or § 25.115(n); or (5) The registration of a receive-only western boundaries of the arc it plans to applications for 29 GHz NGSO MSS earth station results in the listing of an coordinate. feeder-link stations in a complex as authorized frequency band at the (ii) The diameter or equivalent defined in § 25.257, parties may apply, location specified in the registration. diameter of the antenna. either in an initial application or an Interference protection levels are those (iii) Proposed power and power application for modification of license, agreed to during coordination. density levels. for operating authority for multiple (6) Reception of signals or (iv) Identification of any random transmitting FSS earth stations that are programming from non-U.S. satellites access technique, if applicable. not eligible for blanket or network may be subject to restrictions as a result (v) Identification of a specific rule or licensing under another section of this of international agreements or treaties. rules for which a waiver is requested. part in the following circumstances: The Commission will maintain public (6)(i) Applicants for earth stations (i) The antennas would transmit in information on the status of any such transmitting in frequency bands shared frequency bands shared with terrestrial agreements. with equal rights between terrestrial and services on a co-primary basis and the (7) Registration term: Registrations for space services must provide a frequency antennas would be sited within an area receive-only earth stations governed by coordination analysis in accordance bounded by 1 second of latitude and 1 this section will be issued for a period with § 25.203(b) and must include any second of longitude. of 15 years from the date on which the notification or demonstration required (ii) The antennas would transmit in application was filed. Applications for by any other relevant provision in frequency bands allocated to FSS on a renewals of registrations must be § 25.203. primary basis and there is no co-primary submitted on FCC Form 312R (ii) Applicants for user transceiver allocation for terrestrial services, and (Application for Renewal of Radio units associated with the NVNG MSS the antennas would be sited within an Station License in Specified Services) must provide the information required area bounded by 10 seconds of latitude no earlier than 90 days and no later than by § 25.135. and 10 seconds of longitude. 30 days before the expiration date of the (iii) Applicants for 1.6/2.4 GHz MSS (b) Receive-only earth stations. Except registration. user transceivers must demonstrate that as provided in paragraphs (b)(1) and (8) (8) Applications for modification of the transceivers will operate in of this section, applications for licenses license or registration of receive-only compliance with relevant requirements for receive-only earth stations must be earth stations must be made in in § 25.213. submitted on FCC Form 312, Main Form conformance with §§ 25.117 and 25.118. (iv) Applicants for earth stations and Schedule B, accompanied by any In addition, registrants are required to licensed in accordance with § 25.136 required exhibits and the information notify the Commission when a receive- must demonstrate that the transmitting described in paragraphs (a)(5)(i) through only earth station is no longer earth stations will meet the relevant (v) of this section. Such applications operational or when it has not been

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used to provide any service during any processing in the conventional or must certify that an individual ESIM 6-month period. extended C-bands, the conventional or terminal is self-monitoring and capable (9)(i) Except as set forth in paragraph extended Ku-bands, the conventional of automatically ceasing or reducing (b)(9)(ii) of this section, receive-only Ka-band, or the 24.75–25.25 GHz band, emissions within 100 milliseconds if the earth stations operating with non-U.S. including ESV applications filed ESIM transmitter exceeds the relevant licensed space stations must file an FCC pursuant to paragraph (m)(1) or (n)(1) of off-axis EIRP density limits. ESIM Form 312 requesting a license or this section, VMES applications filed applicants that do not meet the relevant modification to operate such station. pursuant to paragraph (m)(1) or (n)(1) of off-axis EIRP density mask must provide (ii) Operators of receive-only earth this section, and ESAA applications a detailed showing that an individual stations need not apply for a license to filed pursuant to paragraph (m)(1) or ESIM terminal is self-monitoring and receive transmissions from non-U.S.- (n)(1) of this section, may designate the capable of automatically ceasing or licensed space stations that have been Permitted Space Station List as a point reducing emissions within 100 duly approved for U.S. market access, of communication. Once such an milliseconds if the ESIM transmitter provided the space station operator and application is granted, the earth station exceeds the relevant off-axis EIRP earth station operator comply with all operator may communicate with any density limits. Variable-power ESIM applicable rules in this chapter and with space station on the Permitted Space applicants must certify that one or more applicable conditions in the Permitted Station List, provided that the operation transmitters are capable of automatically Space Station List or market-access is consistent with the technical ceasing or reducing emissions within grant. parameters and conditions in the earth 100 milliseconds of receiving a (c) * * * station license and any limitations command to do so from the system’s (2) * * * placed on the space station network control and monitoring center, (i) * * * authorization or noted in the Permitted if the aggregate off axis EIRP densities (A) No more than three geostationary Space Station List. of the transmitter or transmitters exceed satellites to be accessed; (2) Notwithstanding paragraph (k)(1) the relevant off-axis EIRP density limits. * * * * * of this section, an earth station that (ii) An exhibit describing the (3) * * * would receive signals in the 17.8–20.2 geographic area(s) in which the ESVs (i) * * * GHz band may not communicate with a will operate. (B) The application includes space station on the Permitted Space (iii) The point of contact information information filed pursuant to paragraph Station List in that band until the space referred to in § 25.228(e)(2). (g)(1) of this section indicating that off- station operator has completed (iv) Applicants for ESVs that will axis EIRP density from the proposed coordination under Footnote US334 to exceed the guidelines in § 1.1310 of this earth stations will not exceed relevant § 2.106 of this chapter. chapter for radio frequency radiation routine levels specified in § 25.218(i). (l) The requirements of this paragraph exposure must provide, with their (ii) Applications to license networks apply to applications for ESV operation environmental assessment, a plan for of earth stations operating in the 28.35– in the 5925–6425 MHz (Earth-to-space) mitigation of radiation exposure to the 28.6 GHz and/or 29.25–30.0 GHz bands band with GSO satellites in the Fixed- extent required to meet those under blanket operating authority that Satellite Service, in addition to the guidelines. do not meet the requirements of requirements in paragraphs (a)(1), (5), (m) The requirements of this § 25.212(e) or § 25.218(i) must comply (6), and (i) of this section: paragraph apply to applications for with the requirements in § 25.220 and (1) Applications where any necessary ESIM operation in the 14.0–14.5 GHz must be filed on FCC Form 312 with a frequency coordination has been (Earth-to-space) band with GSO Schedule B for each large (5 meters or satisfactorily completed, and the satellites in the Fixed-Satellite Service, larger) hub station antenna and each proposed earth station transmissions in addition to the requirements in representative type of small antenna comport with the applicable provisions paragraphs (a)(1) and (5) and (i) of this (less than 5 meters) operating within the in § 25.212(d) or the applicable off-axis section: network. EIRP density limits in § 25.218(d) will (1) Applications where any necessary * * * * * be routinely processed. Such frequency coordination has been (e)(1) An application for a GSO FSS applications must include the relevant satisfactorily completed, and the earth station license in the 17.8–19.4 information specified by paragraph (g) proposed earth station transmissions GHz, 19.6–20.2 GHz, 27.5–29.1 GHz, or of this section. Applicants for ESIMs comport with the applicable provisions 29.25–30 GHz bands not filed on FCC operating in a network using variable in § 25.212(c)(2) or the applicable off- Form 312EZ pursuant to paragraph power density control of earth stations axis EIRP density limits in § 25.218(f) (a)(2) of this section must be filed on transmitting simultaneously in shared will be routinely processed. Such FCC Form 312, Main Form and frequencies to the same target satellite applications must include the relevant Schedule B, and must include any receiving beam must also provide the information specified by paragraph (g) information required by paragraphs certification required by § 25.212(g) or of this section. Applicants for ESIMs (a)(5) through (10) or (g) or (j) of this § 25.218(d)(4), whichever is applicable. operating in a network using variable section. (2) Applications where the proposed power density control of earth stations * * * * * earth station transmissions do not transmitting simultaneously in shared (g) * * * comport with the applicable provisions frequencies to the same target satellite (1) * * * in § 25.212(d) or the applicable off-axis receiving beam must also provide the (vii) The relevant off-axis EIRP EIRP density limits in § 25.218(d) must certification required by § 25.212(g) or density envelopes in § 25.218 or include the information specified by § 25.218(f)(4), whichever is applicable. § 25.223 must be superimposed on plots paragraph (g)(1) of this section, and are (2) Applications where the proposed submitted pursuant to paragraphs subject to the requirements of § 25.220. earth station transmissions do not (g)(1)(i) through (vi) of this section. (3) Applications must include the comport with the applicable provisions * * * * * following information: in § 25.212(c)(2) or the applicable off- (k)(1) Applicants for FSS earth (i) ESIM applicants that meet the axis EIRP density limits in § 25.218(f) stations that qualify for routine relevant off-axis EIRP density mask must include the information specified

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by paragraph (g)(1) of this section, and certification required by § 25.212(g) or compliance with the labeling are subject to the requirements of § 25.218(i)(5), whichever is applicable. requirement in § 25.285(b). § 25.220. (2) Applications where the proposed * * * * * (3) Applications must include the earth station transmissions do not following information: comport with the applicable provisions § 25.130 [Removed and Reserved] (i) ESIM applicants that meet the in § 25.212(e) or the applicable off-axis ■ 7. Remove and reserve § 25.130. relevant off-axis EIRP density mask EIRP density limits in § 25.218(i) must must certify that an individual ESIM include the information specified by § 25.131 [Removed and Reserved] terminal is self-monitoring and capable paragraph (g)(1) of this section, and are ■ 8. Remove and reserve § 25.131. of automatically ceasing or reducing subject to the requirements of § 25.220. ■ 9. Amend § 25.132 by revising emissions within 100 milliseconds if the (3) Applications must include the paragraph (d) introductory text to read ESIM transmitter exceeds the relevant following information: as follows: off-axis EIRP density limits. ESIM (i) ESIM applicants that meet the applicants that do not meet the relevant relevant off-axis EIRP density mask § 25.132 Verification of earth station off-axis EIRP density mask must provide must certify that an individual ESIM antenna performance. a detailed showing that an individual terminal is self-monitoring and capable * * * * * ESIM terminal is self-monitoring and of automatically ceasing or reducing (d) For each new or modified capable of automatically ceasing or emissions within 100 milliseconds if the transmitting antenna over 3 meters in reducing emissions within 100 ESIM transmitter exceeds the relevant diameter, the following on-site milliseconds if the ESIM transmitter off-axis EIRP density limits. ESIM verification measurements must be exceeds the relevant off-axis EIRP applicants that do not meet the relevant completed at one frequency on an density limits. Variable-power ESIM off-axis EIRP density mask must provide available transponder in each frequency applicants must certify that one or more a detailed showing that an individual band of interest and submitted to the transmitters are capable of automatically ESIM terminal is self-monitoring and Commission. ceasing or reducing emissions within capable of automatically ceasing or * * * * * 100 milliseconds of receiving a reducing emissions within 100 ■ 10. Amend § 25.133 by revising command to do so from the system’s milliseconds if the ESIM transmitter paragraph (d) to read as follows: network control and monitoring center, exceeds the relevant off-axis EIRP if the aggregate off axis EIRP densities density limits. Variable-power ESIM § 25.133 Period of construction; of the transmitter or transmitters exceed applicants must certify that one or more certification of commencement of the relevant off-axis EIRP density limits. transmitters are capable of automatically operation. (ii) An exhibit describing the ceasing or reducing emissions within * * * * * geographic area(s) in which the ESIMs 100 milliseconds of receiving a (d) Each receiving earth station will operate. command to do so from the system’s licensed or registered pursuant to (iii) The point of contact information network control and monitoring center, § 25.115(b) must be constructed and referred to in § 25.228(e)(2), (f), or (g)(1) if the aggregate off axis EIRP densities placed into service within 6 months as appropriate. of the transmitter or transmitters exceed after coordination has been completed. (iv) Applicants for ESIMs that will the relevant off-axis EIRP density limits. Each licensee or registrant must file exceed the guidelines in § 1.1310 of this (ii) An exhibit describing the with the Commission a certification that chapter for radio frequency radiation geographic area(s) in which the ESIMs the facility is completed and operating exposure must provide, with their will operate. as provided in paragraph (b) of this environmental assessment, a plan for (iii) The point of contact information section, with the exception of mitigation of radiation exposure to the referred to in § 25.228(e)(2), (f), or (g)(1) certification of antenna patterns. extent required to meet those as appropriate. guidelines. (iv) Applicants for ESIMs that will § 25.138 [Removed and Reserved] (n) The requirements of this exceed the guidelines in § 1.1310 of this ■ 11. Remove and reserve § 25.138. paragraph apply to applications for chapter for radio frequency radiation ■ 12. Amend § 25.140 by revising ESIM operation in the 28.35–28.6 GHz exposure must provide, with their or 29.25–30.0 GHz (Earth-to-space) band paragraphs (a)(3)(i) through (iii) and environmental assessment, a plan for (d)(1) to read as follows: with GSO satellites in the Fixed- mitigation of radiation exposure to the Satellite Service, in addition to the extent required to meet those § 25.140 Further requirements for license requirements in paragraphs (a)(1) and guidelines. applications for GSO space station (5) and (i) of this section: ■ 6. Amend § 25.129 by revising operation in the FSS and the 17/24 GHz BSS. (1) Applications where any necessary paragraph (c) to read as follows: frequency coordination has been (a) * * * satisfactorily completed, and the § 25.129 Equipment authorization for (3) * * * proposed earth station transmissions portable earth-station transceivers. (i) With respect to proposed operation comport with the applicable provisions * * * * * in the conventional or extended C- in § 25.212(e) or the applicable off-axis (c) In addition to the information bands, a certification that downlink EIRP density limits in § 25.218(i) will be required by §§ 1.1307(b) and 2.1033(c) EIRP density will not exceed 3 dBW/ routinely processed. Such applications of this chapter, applicants for 4kHz for digital transmissions or 8 must include the relevant information certification required by this section dBW/4kHz for analog transmissions and specified by paragraph (g) of this must submit any additional equipment that associated uplink operation will not section. Applicants for ESIMs operating test data necessary to demonstrate exceed applicable EIRP density in a network using variable power compliance with pertinent standards for envelopes in § 25.218 unless the non- density control of earth stations transmitter performance prescribed in routine uplink and/or downlink transmitting simultaneously in shared §§ 25.202(f), and 25.216, must submit operation is coordinated with operators frequencies to the same target satellite the statements required by § 2.1093(c) of of authorized co-frequency space receiving beam must also provide the this chapter, and must demonstrate stations at assigned locations within six

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degrees of the orbital location of the (10) The following frequencies are of other stations that would not cause proposed space station and except as available for use by Vehicle-Mounted harmful interference to that earth station provided in paragraph (d) of this Earth Stations (VMESs): if it were using an antenna with receive- section. 10.95–11.2 GHz (space-to-Earth) band gain patterns conforming to the (ii) With respect to proposed 11.45–11.7 GHz (space-to-Earth) levels specified in paragraphs (a) and (b) operation in the conventional or 11.7–12.2 GHz (space-to-Earth) of this section. extended Ku-bands, a certification that 14.0–14.5 GHz (Earth-to-space) * * * * * downlink EIRP density will not exceed 18.3–18.8 GHz (space-to-Earth) (f) A GSO FSS earth station with an 14 dBW/4kHz for digital transmissions 19.7–20.2 GHz (space-to-Earth) antenna that does not conform to the or 17 dBW/4kHz for analog 28.35–28.6 GHz (Earth-to-space) applicable standards in paragraphs (a) transmissions and that associated 29.25–30.0 GHz (Earth-to-space) and (b) of this section will be authorized uplink operation will not exceed (11) The following frequencies are only if the applicant demonstrates that applicable EIRP density envelopes in available for use by Earth Stations the antenna will not cause unacceptable § 25.218 unless the non-routine uplink Aboard Aircraft (ESAAs): interference. This demonstration must and/or downlink operation is 10.95–11.2 GHz (space-to-Earth) show that the transmissions of the earth coordinated with operators of 11.45–11.7 GHz (space-to-Earth) station comport with the requirements authorized co-frequency space stations 11.7–12.2 GHz (space-to-Earth) in § 25.218 or § 25.223, or the applicant at assigned locations within six degrees 14.0–14.5 GHz (Earth-to-space) must demonstrate that the operations of of the orbital location of the proposed 18.3–18.8 GHz (space-to-Earth) the earth station have been coordinated space station and except as provided in 19.7–20.2 GHz (space-to-Earth) under § 25.220. paragraph (d) of this section. 28.35–28.6 GHz (Earth-to-space) * * * * * (iii) With respect to proposed 29.25–30.0 GHz (Earth-to-space) operation in the conventional Ka-band, ■ 16. Amend § 25.212 by revising * * * * * a certification that the proposed space paragraphs (c), (d), (g), and (h) to read ■ station will not generate power flux- 14. Amend § 25.204 by revising as follows: paragraph (e)(3) and removing density at the Earth’s surface in excess § 25.212 Narrowband analog of ¥118 dBW/m2/MHz and that paragraphs (h) through (k). The revision reads as follows: transmissions and digital transmissions in associated uplink operation will not the GSO Fixed Satellite Service. exceed applicable EIRP density § 25.204 Power limits for earth stations. * * * * * envelopes in § 25.218(i) unless the non- * * * * * (c)(1) An earth station, other than an routine uplink and/or downlink (e) * * * ESIM, may be routinely licensed for operation is coordinated with operators (3) FSS earth stations transmitting to analog transmissions in the of authorized co-frequency space geostationary space stations in the conventional Ku-band or the extended stations at assigned locations within six 28.35–28.6 GHz and/or 29.25–30.0 GHz Ku-band with bandwidths up to 200 degrees of the orbital location and bands may employ uplink adaptive kHz (or up to 1 MHz for command except as provided in paragraph (d) of power control or other methods of fade carriers at the band edge) if the input this section. compensation. For stations employing power spectral density into the antenna * * * * * uplink power control, the values in will not exceed ¥8 dBW/4 kHz, and the (d) * * * § 25.218(i)(1), (2), and (4) may be application includes certification (1) The letter notification must exceeded by up to 20 dB under pursuant to § 25.132(a)(1) of include the downlink off-axis EIRP conditions of uplink fading due to conformance with the antenna gain density levels or power flux density precipitation. The amount of such performance requirements in § 25.209(a) levels and/or uplink off-axis EIRP increase in excess of the actual amount and (b). density levels, specified per frequency of monitored excess attenuation over (2) An earth station may be routinely range and space station antenna beam, clear sky propagation conditions must licensed for digital transmission, that exceed the relevant routine limits not exceed 1.5 dB or 15 percent of the including digital video transmission, in set forth in paragraphs (a)(3)(i) through actual amount of monitored excess the conventional Ku-band, or, except for (iii) of this section and § 25.218. attenuation in dB, whichever is larger, an ESIM, in the extended Ku-band, if * * * * * with a confidence level of 90 percent input power spectral density into the ■ 13. Amend § 25.202 by revising except over transient periods accounting antenna will not exceed ¥14 dBW/4 paragraphs (a)(8), (10), and (11) to read for no more than 0.5 percent of the time kHz and the application includes as follows: during which the excess is no more than certification pursuant to § 25.132(a)(1) 4.0 dB. of conformance with the antenna gain § 25.202 Frequencies, frequency tolerance, and emission limits. * * * * * performance requirements in § 25.209(a) and (b). (a) * * * ■ 15. Amend § 25.209 by revising (8) The following frequencies are paragraphs (c)(1) and (f) to read as (d) An individual earth station may be available for use by ESVs: follows: routinely licensed for digital transmission in the conventional C-band 3700–4200 MHz (space-to-Earth) § 25.209 Earth station antenna or, except for an ESIM, in the extended 5925–6425 MHz (Earth-to-space) performance standards. 10.95–11.2 GHz (space-to-Earth) C-band, if the applicant certifies 11.45–11.7 GHz (space-to-Earth) * * * * * conformance with relevant antenna 11.7–12.2 GHz (space-to-Earth) (c)(1) An earth station licensed for performance standards in § 25.209(a) 14.0–14.5 GHz (Earth-to-space) operation with a GSO FSS space station and (b), and power density into the 18.3–18.8 GHz (space-to-Earth) or registered for reception of antenna will not exceed ¥2.7 dBW/4 19.7–20.2 GHz (space-to-Earth) transmissions from such a space station kHz. An individual earth station, other 28.35–28.6 GHz (Earth-to-space) pursuant to § 25.115(b)(1) and (b)(3) is than an ESIM, may be routinely licensed 29.25–30.0 GHz (Earth-to-space) not entitled to protection from for analog transmission with carrier * * * * * interference from authorized operation bandwidths up to 200 kHz (or up to 1

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MHz for command carriers at the band off-axis EIRP density limits permissible conventional C-band, extended C-band, edge) in the conventional C-band or the for a single earth station, as specified in conventional Ku-band, extended Ku- extended C-band, if the applicant § 25.218. band, or conventional Ka-band, and certifies conformance with relevant (h) Applications for authority for applications for ESIMs transmitting in antenna performance standards in fixed earth station operation in the the conventional C-band, conventional § 25.209(a) and (b), and power density conventional C-band, the extended C- Ku-band, or conventional Ka-band, into the antenna will not exceed +0.5 band, the conventional Ku-band, the except for applications proposing dBW/4 kHz. extended Ku-band or the conventional transmission of analog command signals * * * * * Ka-band that do not qualify for routine at a band edge with bandwidths greater (g) A license application for earth processing under relevant criteria in this than 1 MHz or transmission of any other station operation in a network using section, § 25.211, or § 25.218 are subject type of analog signal with bandwidths variable power density control of earth to the requirements in § 25.220. greater than 200 kHz. stations transmitting simultaneously in ■ 17. Amend § 25.218 by revising (b) Earth station applications subject shared frequencies to the same target paragraphs (a), (b), and (i) and adding to this section may be routinely satellite receiving beam may be paragraph (j) to read as follows: processed if they meet the applicable routinely processed if the applicant off-axis EIRP density envelopes set forth § 25.218 Off-axis EIRP density envelopes certifies that the aggregate off-axis EIRP in this section. density from all co-frequency earth for FSS earth stations transmitting in stations transmitting simultaneously to certain frequency bands. * * * * * the same target satellite receiving beam, (a) This section applies to (i) Digital earth station operation in not resulting from colliding data bursts applications for fixed and temporary- the conventional Ka-band. (1) For co- transmitted pursuant to a contention fixed FSS earth stations transmitting to polarized transmissions in the plane protocol, will not exceed the applicable geostationary space stations in the tangent to the GSO arc:

32.5–25log(q) ...... dBW/MHz ...... for ...... 2.0° ≤ q ≤ 7°. 11.5 ...... dBW/MHz ...... for ...... 7° ≤ q ≤ 9.2°. 35.5–25log(q) ...... dBW/MHz ...... for ...... 9.2° ≤ q ≤ 19.1°. 3.5 ...... dBW/MHz ...... for ...... 19.1° < q ≤ 180°.

where q is as defined in paragraph (c)(1) (2) For co-polarized transmissions in of this section. the plane perpendicular to the GSO arc:

35.5–25log(q) ...... dBW/MHz ...... for ...... 3.5° ≤ q ≤ 7°. 14.4 ...... dBW/MHz ...... for ...... 7° < q ≤ 9.2°. 38.5–25log(q) ...... dBW/MHz ...... for ...... 9.2° < q ≤ 19.1°. 6.5 ...... dBW/MHz ...... for ...... 19.1° < q ≤ 180°.

where q is as defined in paragraph (c)(1) for values of q > 7°, over 10% of the (4) For cross-polarized transmissions of this section. range of theta (q) angles from 7–180° on in the plane tangent to the GSO arc and (3) The EIRP density levels specified each side of the line from the earth in the plane perpendicular to the GSO in paragraphs (i)(1) and (2) of this station to the target satellite. arc: section may be exceeded by up to 3 dB,

22.5–25log(q) ...... dBW/MHz ...... for ...... 2.0° < q ≤ 7.0°.

where q is as defined in paragraph (c)(1) (j) Applications for authority for fixed qualify for routine licensing under of this section. earth station operation in the relevant criteria in § 25.211, § 25.212, or (5) A license application for earth conventional C-band, extended C-band, § 25.218. station operation in a network using conventional Ku-band, extended Ku- * * * * * variable power density control of earth band, or conventional Ka-band that do stations transmitting simultaneously in not qualify for routine processing under § 25.221 [Removed and Reserved] shared frequencies to the same target relevant criteria in this section, § 25.211, ■ satellite receiving beam may be or § 25.212 are subject to the 19. Remove and reserve § 25.221. routinely processed if the applicant requirements in § 25.220. § 25.222 [Removed and Reserved] certifies that the aggregate off-axis EIRP ■ 18. Amend § 25.220 by revising density from all co-frequency earth paragraph (a) to read as follows: ■ 20. Remove and reserve § 25.222. stations transmitting simultaneously to the same target satellite receiving beam, § 25.220 Non-routine transmit/receive § 25.226 [Removed and Reserved] earth station operations. not resulting from colliding data bursts ■ 21. Remove and reserve § 25.226. transmitted pursuant to a contention (a) The requirements in this section protocol, will not exceed the off-axis apply to applications for, and operation § 25.227 [Removed and Reserved] EIRP density limits permissible for a of, earth stations transmitting in the single earth station, as specified in conventional or extended C-bands, the ■ 22. Remove and reserve § 25.227. paragraphs (i)(1) through (4) of this conventional or extended Ku-bands, or ■ 23. Add § 25.228 to read as follows: section. the conventional Ka-band that do not

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§ 25.228 Operating and coordination on a U.S.-registered vessel to cease (h) The following requirements requirements for earth stations in motion transmitting if necessary. govern all operations in the 3700–4200 (ESIMs). (2) There must be a point of contact MHz (space-to-Earth) and 5925–6425 (a) ESIM transmissions must comport in the United States, with phone MHz (Earth-to-space) frequency bands with the applicable EIRP density limits number and address, available 24 hours of ESVs receiving from or transmitting in § 25.218, unless coordinated pursuant a day, seven days a week, with authority to GSO satellites in the Fixed-Satellite to the requirements in § 25.220. and ability to cease all emissions from Service: (b) Each ESIM must be self- the ESVs, either directly or through the (1) ESVs must not operate in the monitoring and, should a condition facilities of a U.S. NCMC or a NCMC 5925–6425 MHz (Earth-to-space) and occur that would cause the ESIM to located in another country with which 3700–4200 MHz (space-to-Earth) exceed its authorized off-axis EIRP the United States has a bilateral frequency bands on vessels smaller than density limits, the ESIM must agreement that enables such cessation of 300 gross tons. automatically cease transmissions emissions. (2) ESV operators transmitting in the within 100 milliseconds, and not (3) ESV NCMC operators 5925–6425 MHz (Earth-to-space) resume transmissions until the communicating with ESVs on vessels of frequency band to GSO satellites in the condition that caused the ESIM to foreign registry must maintain detailed Fixed-Satellite Service (FSS) must not exceed those limits is corrected. information on each such vessel’s seek to coordinate, in any geographic (c) Each ESIM must be monitored and country of registry and a point of location, more than 36 megahertz of controlled by a network control and contact for the relevant administration uplink bandwidth on each of no more monitoring center (NCMC) or equivalent responsible for licensing those ESVs. than two GSO FSS satellites. facility. Each ESIM must comply with a (f) For all VMES operations, there (3) ESVs, operating while docked, for ‘‘disable transmission’’ command from must be a point of contact in the United which coordination with terrestrial the NCMC within 100 milliseconds of States, with phone number and address, stations in the 3700–4200 MHz band is receiving the command. In addition, the available 24 hours a day, seven days a completed in accordance with § 25.251, NCMC must monitor the operation of week, with authority and ability to cease will receive protection from such each ESIM in its network, and transmit all emissions from the VMESs. terrestrial stations in accordance with a ‘‘disable transmission’’ command to (g) The following requirements govern the coordination agreements, for 180 any ESIM that operates in such a way all ESAA operations: days, renewable for 180 days. as to exceed the authorized off-axis EIRP (1) There must be a point of contact (4) ESVs in motion must not claim density limit for that ESIM or for all in the United States, with phone protection from harmful interference ESIMs that simultaneously transmit on number and address, available 24 hours from any authorized terrestrial stations the same frequency to the same target a day, seven days a week, with authority to which frequencies are already satellite receiving beam. The NCMC and ability to cease all emissions from assigned, or any authorized terrestrial must not allow the ESIM(s) under its the ESAAs. station to which frequencies may be control to resume transmissions until (2) All ESAA terminals operated in assigned in the future in the 3700–4200 the condition that caused the ESIM(s) to U.S. airspace, whether on U.S.- MHz (space-to-Earth) frequency band. exceed the authorized EIRP density registered civil aircraft or non-U.S.- (5) ESVs operating within 200 km limits is corrected. registered civil aircraft, must be licensed from the baseline of the United States, (d) ESIM licensees must ensure by the Commission. All ESAA terminals or within 200 km from a U.S.-licensed installation of ESIM terminals on on U.S.-registered civil aircraft fixed service offshore installation, must vehicles by qualified installers who operating outside of U.S. airspace must complete coordination with potentially have an understanding of the antenna’s be licensed by the Commission, except affected U.S.-licensed fixed service radiation environment and the measures as provided by section 303(t) of the operators prior to operation. The best suited to maximize protection of Communications Act. coordination method and the the general public and persons (3) Prior to operations within a foreign interference criteria objective will be operating the vehicle and equipment. nation’s airspace, the ESAA operator determined by the frequency An ESIM terminal exhibiting radiation must ascertain whether the relevant coordinator. The details of the exposure levels exceeding 1.0 mW/cm2 administration has operations that could coordination must be maintained and in accessible areas, such as at the be affected by ESAA terminals, and available at the frequency coordinator, exterior surface of the radome, must must determine whether that and must be filed with the Commission have a label attached to the surface of administration has adopted specific electronically via the International the terminal warning about the radiation requirements concerning ESAA Bureau Filing System (http:// hazard and must include thereon a operations. When the aircraft enters licensing.fcc.gov/myibfs/) to be placed diagram showing the regions around the foreign airspace, the ESAA terminal on public notice. The coordination terminal where the radiation levels must operate under the Commission’s notifications must be filed in the form could exceed the maximum radiation rules, or those of the foreign of a statement referencing the relevant exposure limit specified in 47 CFR administration, whichever is more call signs and file numbers. Operation of 1.1310 Table 1. constraining. To the extent that all each individual ESV may commence (e) The following requirements govern relevant administrations have identified immediately after the public notice that all ESV operations: geographic areas from which ESAA identifies the notification sent to the (1) ESV operators must control all operations would not affect their radio Commission is released. Continuance of ESVs by a NCMC located in the United operations, ESAA operators may operate operation of that ESV for the duration of States, except that an ESV on U.S.- within those identified areas without the coordination term must be registered vessels may operate under further action. To the extent that the dependent upon successful completion control of a NCMC location outside the foreign administration has not adopted of the normal public notice process. If, United States provided the ESV operator requirements regarding ESAA prior to the end of the 30-day comment maintains a point of contact within the operations, ESAA operators must period of the public notice, any United States that will have the coordinate their operations with any objections are received from U.S.- capability and authority to cause an ESV potentially affected operations. licensed Fixed Service operators that

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have been excluded from coordination, violation of the terms of its coordination towards the radio-horizon of 20.8 dBW. the ESV licensee must immediately agreement, including, but not limited to, The ESV network shall shut-off the ESV cease operation of that particular station conditions related to speed of the vessel transmitter if either the EIRP spectral on frequencies used by the affected or if the ESV travels outside the density towards the radio-horizon or the U.S.-licensed Fixed Service station until coordinated area, if within 200 km from EIRP towards the radio-horizon is the coordination dispute is resolved and the baseline of the United States, or exceeded. the ESV licensee informs the within 200 km from a U.S.-licensed (i) For ESAA transmissions in the Commission of the resolution. As used fixed service offshore installation. 14.0–14.5 GHz band from international in this section, ‘‘baseline’’ means the Transmissions may be controlled by the airspace within line-of-sight of the line from which maritime zones are ESV network control and monitoring territory of a foreign administration measured. The baseline is a center. The frequency coordinator may where fixed service networks have combination of the low-water line and decide whether ESV operators should primary allocation in this band, the closing lines across the mouths of automatically cease transmissions if the maximum power flux density (pfd) inland water bodies and is defined by a vessel falls below a prescribed speed produced at the surface of the Earth by series of baseline points that include within a prescribed geographic area. emissions from a single aircraft carrying islands and ‘‘low-water elevations,’’ as (7) ESV transmissions in the 5925– an ESAA terminal must not exceed the determined by the U.S. Department of 6425 MHz (Earth-to-space) band shall following values unless the foreign State’s Baseline Committee. not exceed an EIRP spectral density Administration has imposed other (6) An ESV must automatically cease towards the radio-horizon of 17 dBW/ conditions for protecting its fixed transmission if the ESV operates in MHz, and shall not exceed an EIRP service stations:

¥132 + 0.5 · q ...... dB(W/(m2 · MHz)) ...... For ...... q ≤ 40°. ¥112 ...... dB(W/(m2 · MHz)) ...... For ...... 40°

Where: q is the angle of arrival of the if no party has opposed the operations. ESAAs) of the NASA TDRSS facilities radio-frequency wave (degrees above the When NTIA seeks to provide similar identified in paragraph (j)(1) of this horizontal) and the aforementioned protection to future TDRSS sites that section, ESIM transmissions in the 14.0– limits relate to the pfd under free-space have been coordinated through the 14.2 GHz (Earth-to-space) band shall not propagation conditions. IRAC Frequency Assignment exceed an EIRP spectral density towards (j) The following requirements govern Subcommittee process, NTIA will notify the horizon of 12.5 dBW/MHz, and shall all ESIMs transmitting to GSO satellites the Commission’s International Bureau not exceed an EIRP towards the horizon in the Fixed-Satellite Service in the that the site is nearing operational of 16.3 dBW. 14.0–14.5 GHz band: status. Upon public notice from the (3) Operations of ESIMs in the 14.47– (1) Operations of ESIMs in the 14.0– International Bureau, all Ku-band ESIM 14.5 GHz (Earth-to-space) frequency 14.2 GHz (Earth-to-space) frequency licensees must cease operations in the band in the vicinity (for ESVs and band within 125 km (for ESVs and 14.0–14.2 GHz band within 125 km (for VMESs) or within radio line of sight (for ESVs and VMESs) or within radio line VMESs) or within radio line of sight (for ESAAs) of the NASA TDRSS facilities of sight (for ESAAs) of the new TDRSS ESAAs) of radio astronomy service on Guam (latitude 13°36′55″ N, site until the licensees complete (RAS) observatories observing in the longitude 144°51′22″ E), White Sands, coordination with NTIA/IRAC for the 14.47–14.5 GHz band are subject to New Mexico (latitude 32°20′59″ N, new TDRSS facility. Licensees must coordination with the National Science longitude 106°36′31″ W and latitude notify the International Bureau once Foundation (NSF). The appropriate NSF 32°32′40″ N, longitude 106°36′48″ W), they have completed coordination for contact point to initiate coordination is or Blossom Point, Maryland (latitude the new TDRSS site. Upon receipt of Electromagnetic Spectrum Management 38°25′44″ N, longitude 77°05′02″ W) are such notification from a licensee, the Unit, NSF, Division of Astronomical subject to coordination with the International Bureau will issue a public Sciences, 2415 Eisenhower Avenue, National Aeronautics and Space notice stating that the licensee may Arlington VA 22314; Email: esm@ Administration (NASA) through the commence operations within the nsf.gov. Licensees must notify the National Telecommunications and coordination zone in 30 days if no party International Bureau once they have Information Administration (NTIA) has opposed the operations. The ESIM completed coordination. Upon receipt Interdepartment Radio Advisory licensee then will be permitted to of the coordination agreement from a Committee (IRAC). Licensees must commence operations in the 14.0–14.2 licensee, the International Bureau will notify the International Bureau once GHz band within 125 km (for ESVs and issue a public notice stating that the they have completed coordination. VMESs) or within radio line of sight (for licensee may commence operations Upon receipt of such notification from ESAAs) of the new TDRSS site, subject within the coordination zone in 30 days a licensee, the International Bureau will to any operational constraints if no party has opposed the operations. issue a public notice stating that the developed in the coordination process. Table 1 provides a list of each licensee may commence operations (2) Within 125 km (for ESVs and applicable RAS site, its location, and the within the coordination zone in 30 days VMESs) or within radio line of sight (for applicable coordination zone.

TABLE 1 TO § 25.228(j)(3)—APPLICABLE RADIO ASTRONOMY SERVICE (RAS) FACILITIES AND ASSOCIATED COORDINATION DISTANCES

Latitude Longitude Radius (km) of Observatory (north) (west) coordination zone

Arecibo, Observatory, Arecibo, PR ...... 18°20′37″ 66°45′11″ Island of Puerto Rico. Green Bank, WV ...... 38°25′59″ 79°50′23″ 160.

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TABLE 1 TO § 25.228(j)(3)—APPLICABLE RADIO ASTRONOMY SERVICE (RAS) FACILITIES AND ASSOCIATED COORDINATION DISTANCES—Continued

Latitude Longitude Radius (km) of Observatory (north) (west) coordination zone

Very Large Array, near Socorro, NM ...... 34°04′44″ 107°37′06″ 160. Pisgah Astronomical Research Institute, Rosman, NC ...... 35°11′59″ 82°52′19″ 160. U of Michigan Radio Astronomy Observatory, Stinchfield Woods, MI ...... 42°23′56″ 83°56′11″ 160. Very Long Baseline Array (VLBA) stations: Owens Valley, CA ...... 37°13′54″ 118°16′37″ 160 *. Mauna Kea, HI ...... 19°48′05″ 155°27′20″ 50. Brewster, WA ...... 48°07′52″ 119°41′00″ 50. Kitt Peak, AZ ...... 31°57′23″ 111°36′45″ 50. Pie Town, NM ...... 34°18′04″ 108°07′09″ 50. Los Alamos, NM ...... 35°46′30″ 106°14′44″ 50. Fort Davis, TX ...... 30°38′06″ 103°56′41″ 50. North Liberty, IA ...... 41°46′17″ 91°34′27″ 50. Hancock, NH ...... 42°56′01″ 71°59′12″ 50. St. Croix, VI ...... 17°45′24″ 64°35′01″ 50. * Owens Valley, CA operates both a VLBA station and single-dish telescopes.

(4) When NTIA seeks to provide § 25.258 Sharing between NGSO MSS operation delegated by such a blanket similar protection to future RAS sites feeder-link stations and GSO FSS services licensee. in the 29.25–29.5 GHz band. that have been coordinated through the [FR Doc. 2019–19810 Filed 10–7–19; 8:45 am] IRAC Frequency Assignment * * * * * BILLING CODE 6712–01–P Subcommittee process, NTIA will notify (b) Licensed GSO FSS earth stations the Commission’s International Bureau in the vicinity of operational NGSO that the site is nearing operational MSS feeder-link earth station complexes DEPARTMENT OF COMMERCE status. Upon public notice from the must, to the maximum extent possible, International Bureau, all Ku-band ESIMs operate with frequency/polarization National Oceanic and Atmospheric licensees must cease operations in the selections that will minimize Administration 14.47–14.5 GHz band within the unacceptable interference with relevant geographic zone (160 kms for reception of GSO FSS and NGSO MSS 50 CFR Part 679 uplink transmissions in the 29.25–29.5 single-dish radio observatories and Very [Docket No. 180713633–9174–02] Large Array antenna systems and 50 GHz band. Earth station licensees kms for Very Long Baseline Array operating with GSO FSS systems shall RIN 0648–XY040 antenna systems for ESVs and VMESs, be capable of providing earth station radio line of sight for ESAAs) of the new locations to support coordination of Fisheries of the Exclusive Economic RAS site until the licensees complete NGSO MSS feeder link stations under Zone Off Alaska; Reallocation of Atka coordination for the new RAS facility. paragraphs (a) and (c) of this section. Mackerel in the Bering Sea and Aleutian Islands Management Area Licensees must notify the International Operation of ubiquitously deployed GSO FSS earth stations in the 29.25– Bureau once they have completed AGENCY: 29.5 GHz frequency band must conform National Marine Fisheries coordination for the new RAS site and to the rules contained in § 25.218(i). Service (NMFS), National Oceanic and must submit the coordination agreement Atmospheric Administration (NOAA), to the Commission. Upon receipt of * * * * * Commerce. such notification from a licensee, the § 25.287 [Amended] ACTION: Temporary rule; reallocation. International Bureau will issue a public notice stating that the licensee may ■ 25. Amend § 25.287 by removing SUMMARY: NMFS is reallocating the commence operations within the paragraph (d). projected unused amount of the 2019 coordination zone in 30 days if no party Atka mackerel incidental catch ■ 26. Add § 25.290 to subpart D to read allowance (ICA) for the Bering Sea opposed the operations. The ESIMs as follows: licensee then will be permitted to subarea and Eastern Aleutian district commence operations in the 14.47–14.5 § 25.290 Responsibility of licensee for (BS/EAI) to the Amendment 80 GHz band within the relevant blanket-licensed earth station operation. cooperative allocation in the Bering Sea and Aleutian Islands management area coordination distance around the new The holder of an FCC blanket earth (BSAI). This action is necessary to allow RAS site, subject to any operational station license is responsible for the 2019 total allowable catch of Atka constraints developed in the operation of any earth station under that mackerel in the BSAI to be fully coordination process. license. Operators of satellite networks harvested. (5) ESIMs licensees must use Global and systems must not transmit DATES: Effective 12 hrs Alaska local time Positioning Satellite-related or other communications to or from such earth stations in the United States unless such (A.l.t.), October 4, 2019 through 2400 similar position location technology to hrs, A.l.t., December 31, 2019. ensure compliance with the provisions communications are authorized under a FOR FURTHER INFORMATION CONTACT: of subparagraphs 1–3 of this paragraph. service contract with the holder of a pertinent FCC blanket earth station Steve Whitney, 907–586–7228. ■ 24. Amend § 25.258 by revising license or under a service contract with SUPPLEMENTARY INFORMATION: NMFS paragraph (b) to read as follows: another party with authority for such manages the groundfish fishery in the

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