[Federal Register Volume 62, Number 212 (Monday, November 3, 1997)]
[Rules and Regulations]
[Pages 59293-59297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28995]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[IB Docket No. 96-220; FCC 97-370]
Non-Voice, Non-Geostationary Mobile Satellite Service
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Commission has adopted rules and policies to govern the
second processing round for the non-voice, non-geostationary mobile
satellite service (``NVNG MSS'') also referred to as the ``Little LEO''
service. The Commission's rules adopted include a spectrum sharing plan
that permits licensing five NVNG MSS applicants; financial
qualification rules; rules requiring NVNG MSS licensees to time-share
spectrum with existing commercial and government licensees; and a rule
requiring second processing round applicants to file amendments to
their applications to conform their applications to the rules adopted
in the Report and Order.
EFFECTIVE DATE: January 2, 1998.
ADDRESSES: Office of the Secretary, Federal Communications Commission,
1919 M Street, N.W., Washington, D.C. 20554.
FOR FURTHER INFORMATION CONTACT: Daniel Connors, International Bureau,
Satellite Policy Branch, (202) 418-0755; or Kathleen Campbell,
International Bureau, Satellite Policy Branch (202) 418-0753.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order in IB Docket No. 96-220; FCC 97-370, adopted October 8, 1997,
and released October 15, 1997. The complete text of this Report and
Order is available for inspection and copying during normal business
hours in the FCC Reference Center (Room 239), 1919 M Street, N.W.
Washington, D.C., and from the Commission's world-wide-web page on the
Internet (http://www.fcc.gov), and also may be purchased from the
Commission's copy contractor, International Transcription Service,
(202) 857-3800, 2100 M Street, N.W., Suite 140, Washington, D.C. 20037.
Because this Report and Order contains information collections that
affect less than 10 persons and, therefore, is not subject to the
Paperwork Reduction Act of 1995, Public Law No. 104-13. As required by
Section 603 of the Regulatory Flexibility Act, the Commission has
prepared a Regulatory Flexibility Analysis (``RFA'') of the expected
impact on small entities of the proposals suggested in this document.
Summary of the Report and Order
1. This Report and Order (``R&O'') reflects the Commission's
commitment to licensing applicants in the second processing round to
provide Little LEO service and the Commission's continued efforts to
promote competition in the U.S. satellite services market. With this
R&O, we adopt a spectrum sharing plan and service rules and polices for
the licensing of five applicants in the second processing round.
2. Because the second processing round applicants filed a mutually
agreed upon spectrum sharing plan with the Commission that accommodates
all of their proposed systems, we decline to adopt our proposed new
entrant rule. The spectrum sharing plan that we adopt achieves the same
pro-competitive objectives as our proposed new entrant rule with the
additional benefit of permitting the licensing of all five second
processing round applicants. Therefore, our proposed new entrant rule
is unnecessary.
3. As a result of the spectrum sharing plan agreed to by the second
processing round applicants, all applicants can be accommodated in the
available spectrum being licensed. Consequently, our proposed strict
financial qualification standard is unnecessary to prevent an under-
financed applicant from preventing a fully capitalized applicant from
going forward. Therefore, we adopt a relaxed financial qualification
standard that requires that second processing round applicants
demonstrate finances sufficient to construct and launch two satellites
in their proposed systems and to operate two satellites in their system
for one year after their launch.
4. We adopt a spectrum sharing plan that permits licensing five
second processing round applicants: three new Little LEO systems and
two existing Little LEO licensees. One new Little LEO applicant
(``System 1'') can operate a system in the 148-150.05 MHz uplink band
and the 137-137.025 MHz, 400.15-401 MHz downlink bands. A second new
Little LEO applicant (``System 2'') can operate a system in the 148-
150.05 MHz uplink band and in parts of the 400.15-401 MHz and 137-138
MHz downlink bands. A third new Little LEO applicant (``System 3'') can
operate a system in the 148-148.905 MHz uplink band and the 137.0725-
137.9275 MHz downlink band. Orbital Communications Corporation, an
existing Little LEO licensee (``Orbcomm''), can expand its Little LEO
system by sharing approximately 355 kHz of spectrum in the 148-148.855
MHz uplink band with Systems 1, 2 and 3. Orbcomm will also operate in
parts of the 137-138 MHz downlink band not being used by Systems 1 or
2. Finally, Volunteers in Technical Assistance, Inc. (``VITA''), also
an existing Little LEO licensee, can expand its authorized Little LEO
system to operate in the 400.5983-400.645 MHz downlink band on a time-
shared basis with System 2. In the 137-138 MHz band, System 2 will
[[Page 59294]]
be required to time-share spectrum with meteorological satellites of
the National Oceanic and Atmospheric Administration (``NOAA''). In the
400.15-400.505 MHz and 400.645-401 MHz bands, System 1 will be required
to time-share the spectrum with meteorological satellites of the
Department of Defense (``DoD'').
5. Because System 2 will be unable to implement its system fully in
the spectrum available in the second processing round, the Commission
has adopted a rule that makes the System 2 licensee eligible to apply
for and use up to 210 kHz of downlink spectrum subsequently allocated
to the Little LEO service on a worldwide and domestic basis, subject to
operating conditions and other restrictions imposed by the Commission.
This priority will enable the System 2 licensee to implement its
proposed system.
6. The R&O requires System 1 and System 2 to time-share parts of
their downlink spectrum with the meteorological satellite systems of
DoD and NOAA, respectively. Consequently, we have adopted rules
permitting System 1 and System 2 to time-share this spectrum with DoD
and NOAA, respectively, subject to certain elevation angle,
transmission termination, satellite shut-off and frequency
demonstration and change requirements imposed by the Commission to
protect the DoD and NOAA meteorological satellite systems from harmful
interference from the operations of System 1 and System 2,
respectively.
7. We also adopted a rule prohibiting a NVNG licensee from entering
into exclusive agreements or arrangements with other countries
concerning communications to and from the United States. An exclusive
agreement or arrangement may foreclose other United States Little LEO
licensees from serving a foreign market and preventing that licensee
from providing global service.
8. Finally, we adopted a rule requiring second processing round
applicants to amend their applications within 15 days after the release
of the R&O in order to conform their applications with the rules and
policies adopted in the R&O. Ordering Clauses
9. Accordingly, It Is Ordered pursuant to sections 1, 4, 303(r),
and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C.
Secs. 151, 154, 303(r), and 309(j), that Part 25 of the Commission's
Rules, 47 CFR 25, and the Commission's policies are amended as
specified in this R&O.
10. It is further ordered that second round applicants shall file
amended applications on or before October 30, 1997. We find good cause
to make this rule effective within 15 days after the release of this
R&O. This rule will enable the five second round applicants to expedite
the amendment of their second round applications which have been
pending for approximately three years. This will enable the Commission
to expedite the processing of second round applications in order to
issue licenses to qualified applicants. Continued delay in the
processing of second round applications will increase the headstarts
already given to existing first round licensees and other providers of
competitive services. Further delay in issuing second processing round
licenses will undermine the public interest by delaying the entry of
new competitors in the markets for Little LEO services. Moreover, we
find that good cause exists to waive additional notice and comment upon
this rule because it is unnecessary and contrary to the public
interest. This rule has already been subject to notice and comment in
this rulemaking proceeding and the second round applicants that are
directly affected by this rule are urging the Commission to take prompt
action in this R&O that will expedite the issuance of second round
licenses. It would be contrary to the public interest for the
Commission to delay further the processing of second round applications
now that the second round applicants have mutually agreed upon a
spectrum sharing plan and are urging the Commission to expedite the
issuance of second round licenses.
11. The analysis required pursuant to the Regulatory Flexibility
Act, 5 U.S.C. Sec. 604, is set forth below.
12. The Paperwork Reduction Act does not apply to the rules adopted
herein because such rules apply to less than 10 persons.
13. Except for the rule requiring the filing of amended
applications by second round applicants within 15 days after the
release of this R&O, It is further ordered that amendments to Part 25
of the Commission's Rules, 47 CFR part 25, and the Commission's
policies, as specified in this R&O, Will Become Effective January 2,
1998.
Final Regulatory Flexibility Act Statement
14. As required by Section 603 of the Regulatory Flexibility Act,
the Commission has prepared a final Regulatory Flexibility Analysis
(``FRFA'') of the expected impact on small entities of the proposals
suggested in this document. The Secretary shall send a copy of this
R&O, including the Final Regulatory Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small Business Administration in accordance
with paragraph 603(a) of the Regulatory Flexibility Act, Public Law No.
96-354, 94 Stat. 1164, 5 U.S.C. Sec. 601 et seq. (1981).
Final Regulatory Flexibility Analysis
15. As required by RFA, an Initial Regulatory Flexibility Analysis
(``IRFA'') was incorporated in the Notice of Proposed Rulemaking (the
``Notice''). The Commission sought written public comment on the
proposals in the Notice, including comment on the IRFA. This FRFA,
concerning the R&O, conforms to the RFA.
I. Need for and Objectives of the R&O
16. In this decision, the Commission, adopts a spectrum licensing
plan and service rules and policies for second processing round
applicants for NVNG MSS systems that will operate in frequency bands
below 1 GHz. The purpose of this action is to develop rules and
policies for licensing new NVNG MSS systems and existing NVNG licensees
seeking to expand the service capability of their systems in order to
(a) promote competition in the emerging NVNG MSS service markets and
(b) spur the rapid delivery of new services to the public at reasonable
prices. NVNG MSS systems provide near real-time data services worldwide
and are global systems. In order to ensure the rapid and successful
implementation of new NVNG MSS systems, the Commission has worked
closely with the National Telecommunications and Information
Administration (``NTIA'') to develop innovative technical service rules
that permit new NVNG MSS systems to time-share the licensed spectrum
with existing United States government systems that will be operating
in the same downlink spectrum. The R&O adopts rules and policies that
promote efficiency in licensing and use of the electromagnetic
spectrum. In addition, we expect that the licensing framework we have
set out for NVNG MSS systems will aid in the development of competitive
and innovative satellite systems.
II. Summary of Significant Issues Raised by Public Comments in Response
to the Initial Regulatory Flexibility Analysis
17. No comments were received specifically in response to the IRFA.
However, in order to minimize the entry barriers for new Little LEO
systems seeking to provide NVNG MSS systems, the Commission staff spent
months working with NTIA and the applicants to fashion a spectrum
licensing plan that was proposed in the Notice. Before release of the
R&O, we, again, worked
[[Page 59295]]
closely with second round applicants and encouraged them to develop a
mutually acceptable spectrum licensing plan. All of the second
processing round applicants were able to reach agreement regarding a
spectrum sharing plan and that plan has been adopted in the R&O. The
spectrum sharing plan accommodates the system designs of all second
round applicants, including existing NVNG MSS licensees. Therefore, we
will not adopt our new entrant eligibility requirements and will apply
our relaxed financial standard, rather than the strict financial
standard proposed in the Notice. In addition, because all second round
applicants can be accommodated in the available spectrum, the spectrum
sharing plan we adopt avoids mutual exclusivity. Consequently, it will
be unnecessary for the Commission to employ an auction to choose among
mutually exclusive applicants. Finally, the R&O adopts eligibility
rules for the use of future MSS spectrum and for receiving a second
processing round authorization. By licensing all second round NVNG MSS
applicants, we enable small entities and start-up companies the
opportunity to compete in the capital intensive satellite industry.
III. Description and Estimate of the Number of Small Entities to Which
Rules Will Apply
18. The Commission has not developed a definition of small entities
applicable to satellite service licensees. Therefore, the applicable
definition of small entity is the definition under the Small Business
Administration rules applicable to Communications Services ``Not
Elsewhere Classified.'' This definition provides that a small entity is
one with $11 million or less in annual receipts.1
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\1\ 13 CFR 121.201, Standard Industrial Classification (SIC)
Code 4899.
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19. Of the five applicants in the second processing round, two are
small entities: Volunteers in Technical Assistance, Inc. and LEO One
USA Corporation. The remaining three second round applicants, Orbital
Communications Corporation, Final Analysis Communications, Inc. and E-
Sat, are not small entities because they each have revenues in excess
of $11 million annually or have parent companies or investors that have
revenues in excess of $11 million annually.
20. The service rules adopted in the R&O will not apply to other
small entities currently providing NVNG MSS types of services. The
services rules apply only to second round NVNG MSS licensees that time-
share spectrum in the 400.15-401 MHz and 137-138 MHz frequency bands
with existing United States government satellite systems.
IV. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements
21. The rules adopted in the R&O require that all second processing
round applicants file amendments to their pending applications to
conform to the rules and policies adopted in the R&O. Such amendments
are required in order to provide the Commission with updated technical
and financial information about each applicant so that the Commission
can determine whether or not an applicant is technically and
financially qualified to receive a license to operate in the applied
for spectrum.
22. In this R&O, we also adopt certain compliance requirements for
second round NVNG MSS licensees that time-share spectrum in the 400.15-
401 MHz and 137-138 MHz frequency bands with United States government
satellite systems. The Commission may terminate the operations of NVNG
MSS licensees determined to be interfering with the operations of
United States government satellite systems. NVNG MSS licensees will
also be required to comply with technical operational parameters
relating to elevation angle, system demonstration requirements and
satellite fail-safe procedures.
V. Steps Taken to Minimize Significant Economic Burden on Small
Entities, and Significant Alternatives Considered
23. The Commission proposed in the Notice applying a strict
financial standard to second round NVNG MSS applicants. In order to
minimize any barriers for entry into this new satellite market for
small entities, Commission staff spent months encouraging and working
with all of the NVNG MSS second round applicants to develop a spectrum
sharing plan that could accommodate all second round applicants. As
discussed in the R&O, all second round applicants can be accommodated
under the spectrum licensing plan that we adopt. Therefore, we will
apply the same relaxed financial standard to second processing round
applicants that we applied to first processing round licenses. By
developing a spectrum sharing plan that accommodates all second round
applicants, we enable small entities and start-up companies the
opportunity to compete in the capital intensive satellite industry.
VI. Report to Congress
24. The Commission shall send a copy of this FRFA, along with the
R&O, in a report to Congress pursuant to the Small Business Regulatory
Enforcement Fairness Act of 1996, 5 U.S.C. 801(a)(1)(A). A copy of this
FRFA will also be published in the Federal Register.
List of Subjects in 47 CFR Part 25
Satellites.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Part 25 of title 47 of the Code of Federal Regulations is amended
as follows:
PART 25--SATELLITE COMMUNICATIONS
1. The authority citation for part 25 continues to read as follows:
Authority: Secs. 25.101 to 25.601 issued under Sec. 4, 48 Stat.
1066, as amended; 47 U.S.C. 154. Interpret or apply secs. 101-104,
76 Stat. 419-427; 47 U.S.C. 701-744; 47 U.S.C. 554.
2. Paragraphs (d) and (e) are added to Sec. 25.142 to read as
follows:
Sec. 25.142 Licensing provisions for the non-voice, non-geostationary
mobile-satellite service.
* * * * *
(d) Prohibition of certain agreements. No license shall be granted
to any applicant for a non-voice, non-geostationary mobile-satellite
service system if that applicant, or any companies controlling or
controlled by the applicant, shall acquire or enjoy any right, for the
purpose of handling traffic to or from the United States, its
territories or possessions, to construct or operate space segment or
earth stations in the non-voice, non-geosynchronous mobile-satellite
service, or to interchange traffic, which is denied to any other United
States company by reason of any concession, contract, understanding, or
working arrangement to which the licensee or any persons or companies
controlling or controlled by the licensee are parties.
(e) Spectrum priority. (1) The non-voice, non-geosynchronous
mobile-satellite service system that is authorized in the second
application processing round to operate in the 148-148.25 MHz, 148.75-
148.855 MHz, 148.905-149.81 MHz and 150-150.05 MHz uplink frequency
bands and the 400.505-400.5517 MHz, 400.5983-400.645 MHz, 137.025-
137.175 MHz, 137.333-137.4125 MHz, 137.475-
[[Page 59296]]
137.525 MHz, 137.595-137.645 MHz, 137.753-137.787 MHz and 137.825-138
MHz downlink frequency bands (the ``System 2 licensee'') will have a
first priority to apply for and use a limited amount of downlink
spectrum duly allocated worldwide and domestically to the non-voice,
non-geosynchronous mobile-satellite service by the ITU, at WRC-97 or a
subsequent World Radiocommunication Conference, and by the Commission,
respectively (the ``Future Spectrum''). The System 2 licensee will be
eligible to apply for and use the first 210 kHz of Future Spectrum plus
spectrum sufficient to account for Doppler frequency shift in the
Future Spectrum (the ``Supplemental Spectrum'') to implement its non-
voice, non-geosynchronous mobile-satellite service system. The System 2
licensee's application for and use of the Supplemental Spectrum is
subject to the Commission's Rules and policies, such reasonable
operating conditions as may be imposed by the Commission, and
international spectrum coordination requirements. For so long as the
System 2 licensee is permitted by the Government of France to operate
in the 400.5517-400.5983 MHz band coordinated with the French system
S80-1, the Supplemental Spectrum shall be reduced to an amount
equivalent to 150 kHz of Future Spectrum plus spectrum sufficient to
account for Doppler frequency shift in the Future Spectrum.
(2) The System 2 licensee's priority to apply for and use the
Supplemental Spectrum is conditioned on the System 2 licensee's
compliance with the terms and conditions of its second processing round
authorization, including, but not limited to, its system construction,
launch and operation milestones, and any modifications thereto, and the
Commission's Rules. The System 2 licensee's priority to apply for and
use the Supplemental Spectrum shall automatically terminate upon the
occurrence of any of the following events:
(i) The System 2 licensee being permitted to operate in the
Supplemental Spectrum;
(ii) The expiration or revocation of the System 2 licensee's second
processing round authorization;
(iii) The discontinuance of use of the spectrum assigned to the
System 2 licensee under its second processing round authorization; or
(iv) The surrender of the System 2 licensee's second processing
round authorization to the Commission.
3. Section 25.201 is amended by adding the following definition, in
alphabetical order, to read as follows:
Sec. 25.201 Definitions.
* * * * *
Protection areas. The geographic regions on the surface of the
Earth where United States Department of Defense (``DoD'')
meteorological satellite systems or National Oceanic and Atmospheric
Administration (``NOAA'') meteorological satellite systems, or both
such systems, are receiving signals from low earth orbiting satellites.
* * * * *
4. Add Secs. 25.259 and 25.260 to subpart C to read as follows:
Sec. 25.259 Time sharing between NOAA meteorological satellite systems
and non-voice, non-geostationary satellite systems in the 137-138 MHz
band.
(a) A non-voice, non-geostationary mobile-satellite service system
licensee (``NVNG licensee'') time-sharing spectrum in the 137-138 MHz
frequency band shall not transmit signals into the ``protection areas''
of National Oceanic and Atmospheric Administration (``NOAA'') satellite
systems. When calculating the protection areas for a NOAA satellite in
the 137.333-137.367 MHz, 137.485-137.515 MHz, 137.605-137.635 MHz and
137.753-137.787 MHz bands, a NVNG licensee shall use an earth station
elevation angle of five degrees towards the NOAA satellite and will
cease its transmissions prior to the NVNG licensee's service area,
based on an elevation angle of zero degrees towards the NVNG licensee's
satellite, overlapping the NOAA protection area. When calculating the
protection areas for a NOAA satellite in the 137.025-137.175 MHz and
137.825-138 MHz bands, a NVNG licensee shall use an earth station
elevation angle of zero degrees, or less if reasonably necessary,
towards the NOAA satellite and will cease its transmissions prior to
the NVNG licensee's service area, based on an elevation angle of zero
degrees towards the NVNG licensee's satellite, overlapping the NOAA
protection area. A NVNG licensee is responsible for obtaining the
necessary ephemeris data. This information shall be updated system-wide
on at least a weekly basis. A NVNG licensee shall use an orbital
propagator algorithm with an accuracy equal to or greater than the
NORAD propagator used by NOAA.
(b) A NVNG licensee time sharing spectrum in the 137-138 MHz band
shall establish a 24-hour per day contact person and telephone number
so that claims of harmful interference into NOAA earth station users
and other operational issues can be reported and resolved
expeditiously. This contact information shall be made available to NOAA
or its designee. If the National Telecommunications and Information
Administration (``NTIA'') notifies the Commission that NOAA is
receiving unacceptable interference from a NVNG licensee, the
Commission will require such NVNG licensee to terminate its interfering
operations immediately unless it demonstrates to the Commission's
reasonable satisfaction, and that of NTIA, that it is not responsible
for causing harmful interference into the worldwide NOAA system. A NVNG
licensee assumes the risk of any liability or damage that it and its
directors, officers, employees, affiliates, agents and subcontractors
may incur or suffer in connection with an interruption of its non-
voice, non-geostationary mobile-satellite service, in whole or in part,
arising from or relating to its compliance or noncompliance with the
requirements of this paragraph (b). The Commission will not hesitate to
impose sanctions on a NVNG licensee time-sharing spectrum in the 137-
138 MHz band with NOAA, including monetary forfeitures and license
revocations, when appropriate.
(c) Each satellite in a NVNG licensee's system time-sharing
spectrum with NOAA in the 137-138 MHz band shall automatically turn off
and cease satellite transmissions if, after 72 consecutive hours, no
reset signal is received from the NVNG licensee's gateway earth station
and verified by the satellite. All satellites in such NVNG licensee's
system shall be capable of instantaneous shutdown on any sub-band upon
command from such NVNG licensee's gateway earth station.
Sec. 25.260 Time sharing between DoD meteorological satellite systems
and non-voice, non-geostationary satellite systems in the 400.15-401
MHz band.
(a) A non-voice, non-geostationary mobile-satellite service system
licensee (``NVNG licensee'') time-sharing spectrum in the 400.15-401.0
MHz band shall not transmit signals into the ``protection areas'' of
Department of Defense (``DoD''). When calculating the protection areas
for a DoD satellite in the 400.15-401 MHz band, a NVNG licensee shall
use an earth station elevation angle of five degrees towards the DoD
satellite and will shut off its transmissions prior to the NVNG
licensee's service area, based on an elevation angle of zero degrees
towards the NVNG licensee's satellite, overlapping the DoD protection
area. A NVNG licensee is responsible for obtaining the necessary
ephemeris data. This information shall be updated system-wide at least
once per week. A NVNG licensee shall use an orbital
[[Page 59297]]
propagator algorithm with an accuracy equal to or greater than the
NORAD propagator used by DoD.
(b) A NVNG licensee time sharing spectrum in the 400.15-401 MHz
band shall establish a 24-hour per day contact person and telephone
number so that claims of harmful interference into DoD earth station
users and other operational issues can be reported and resolved
expeditiously. This contact information shall be made available to DoD
or its designee. If the National Telecommunications and Information
Administration (``NTIA'') notifies the Commission that DoD is receiving
unacceptable interference from a NVNG licensee, the Commission will
require such NVNG licensee to terminate its interfering operations
immediately unless it demonstrates to the Commission's reasonable
satisfaction, and that of NTIA, that it is not responsible for causing
harmful interference into the worldwide DoD system. A NVNG licensee
assumes the risk of any liability or damage that it and its directors,
officers, employees, affiliates, agents and subcontractors may incur or
suffer in connection with an interruption of its non-voice, non-
geostationary mobile-satellite service, in whole or in part, arising
from or relating to its compliance or noncompliance with the
requirements of this paragraph (b). The Commission will not hesitate to
impose sanctions on a NVNG licensee time-sharing spectrum in the
400.15-401 MHz band with DoD, including monetary forfeitures and
license revocations, when appropriate.
(c) Each satellite in a NVNG licensee's system time-sharing
spectrum with DoD in the 400.15-401 MHz band shall automatically turn
off and cease satellite transmissions if, after 72 consecutive hours,
no reset signal is received from the NVNG licensee's gateway earth
station and verified by the satellite. All satellites in such NVNG
licensee's system shall be capable of instantaneous shutdown on any
sub-band upon command from such NVNG licensee's gateway earth station.
(d) Initially, a NVNG licensee time-sharing spectrum with DoD in
the 400.15-401 MHz band shall be able to change the frequency on which
its system satellites are operating within 125 minutes of receiving
notification from a DoD required frequency change in the 400.15-401 MHz
band. Thereafter, when a NVNG licensee constructs additional gateway
earth stations located outside of North and South America, it shall use
its best efforts to decrease to 90 minutes the time required to
implement a DoD required frequency change. A NVNG licensee promptly
shall notify the Commission and NTIA of any decrease in the time it
requires to implement a DoD required frequency change.
(e) Once a NVNG licensee time-sharing spectrum with DoD in the
400.15-401 MHz band demonstrates to DoD that it is capable of
implementing a DoD required frequency change within the time required
under paragraph (d) of this section, thereafter, such NVNG licensee
shall demonstrate its capability to implement a DoD required frequency
change only once per year at the instruction of DoD. Such
demonstrations shall occur during off-peak hours, as determined by the
NVNG licensee, unless otherwise agreed by the NVNG licensee and DoD.
Such NVNG licensee will coordinate with DoD in establishing a plan for
such a demonstration. In the event that a NVNG licensee fails to
demonstrate to DoD that it is capable of implementing a DoD required
frequency change in accordance with a demonstration plan established by
DoD and the NVNG licensee, upon the Commission's receipt of a written
notification from NTIA describing such failure, the Commission shall
impose additional conditions or requirements on the NVNG licensee's
authorization as may be necessary to protect DoD operations in the
400.15-401 MHz downlink band until the Commission is notified by NTIA
that the NVNG licensee has successfully demonstrated its ability to
implement a DoD required frequency change. Such additional conditions
or requirements may include, but are not limited to, requiring such
NVNG licensee immediately to terminate its operations interfering with
the DoD system.
[FR Doc. 97-28995 Filed 10-31-97; 8:45 am]
BILLING CODE 6712-01-P
