[Federal Register Volume 62, Number 211 (Friday, October 31, 1997)]
[Proposed Rules]
[Pages 58932-58935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28760]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 25
[ET Docket No. 97-214; FCC 97-363]
Allocation of 455-456 MHz and 459-460 MHz Bands to MSS
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: The Notice of Proposed Rule Making (``NPRM'') proposes to
amend the Commission's Rules to allocate the 455-456 MHz and 459-460
MHz bands to the Mobile Satellite Service (Earth-to-space) (``MSS
uplinks'') on a primary basis for non voice, non-geostationary mobile
satellite services (``NVNG MSS''). When implemented, this service, also
referred to as the ``Little LEO'' satellite service, will use
constellations of low-Earth orbiting (``LEO'') satellites to provide
commercial radiolocation and two-way data messaging services to
potential customers anywhere in the world. This action proposes to
implement domestically the NVNG MSS allocations adopted at the 1995
World Radiocommunication Conference (``WRC-95'').
DATES: Comments must be filed on or before December 1, 1997, and reply
comments must be filed on or before December 15, 1997.
ADDRESSES: Comments and reply comments should be sent to the Office of
Secretary, Federal Communications Commission, Washington, D.C. 20554.
If participants want each Commissioner to receive a personal copy of
their comments, an original plus nine copies must be filed.
FOR FURTHER INFORMATION CONTACT: Tom Derenge, Office of Engineering and
Technology, (202) 418-2451.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rule Making, ET Docket 97-214, FCC 97-363, adopted October
7, 1997, and released October 14, 1997. The full text of this
Commission decision 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 also may be purchased from the
Commission's duplication contractor, International Transcription
Service, (202) 857-3800, 1231 20th Street, N.W. Washington, D.C. 20036.
Summary of the Notice of Proposed Rule Making
1. In the NPRM, the Commission proposes to amend its Rules to
allocate the 455-456 MHz and 459-460 MHz bands to the Mobile Satellite
Service (Earth-to-space) (``MSS uplinks'') on a primary basis for non-
voice, non-geostationary mobile satellite services (``NVNG MSS''). When
implemented, this service, also referred to as the ``Little LEO''
satellite service, will use constellations of low-Earth orbiting
(``LEO'') satellites to provide commercial radiolocation and two-way
data messaging services to potential customers anywhere in the world.
This action proposes to implement domestically the NVNG MSS allocations
adopted at the 1995 World Radiocommunication Conference (``WRC-95'').
This proposal would also address the growing demand for NVNG MSS and
could provide satellite operators with increased flexibility in the
design of their systems. Additionally, we propose to update Section
2.106 of our Rules to indicate the international allocations and
international footnotes adopted at WRC-95 in the domestically allocated
NVNG MSS frequency bands.
2. Little LEO satellite systems will allow customers to use small,
[[Page 58933]]
inexpensive transceivers to communicate with satellites operating at
altitudes much lower than those in geostationary satellite orbits. The
lower altitudes improve signal quality and reduce the time delay of
transmission. Further, the orbital mechanics of LEO satellites cause
them to appear on the horizon and move across the sky and then to
disappear over the horizon as they orbit the Earth. In order to achieve
continuous coverage, LEO systems plan to employ a constellation of
satellites, so that as one satellite moves out of view, another
satellite will come over the horizon to maintain coverage. The
potential applications for this service include emergency location
service, environmental data collection, vehicle tracking, and time-
sensitive business and personal data communications, anywhere in the
world.
3. The Commission believes that additional spectrum for NVNG MSS is
needed to facilitate the competitive development of the Little LEO
service. Although NVNG MSS has been allocated 4.05 megahertz of
spectrum below 1 GHz (2.2 megahertz for uplinks and 1.85 megahertz for
downlinks), we note that this spectrum is often shared with a number of
incumbent operations, a factor which limits the capacity of Little LEO
systems to meet service demands. We conclude that an allocation of
additional spectrum will enable Little LEO licensees to develop cost
effective systems with sufficient capacity to compete with other
service providers in the telecommunications marketplace. Further, we
note that the United States delegation for WRC-97 will seek an
international allocation of additional spectrum below 1 GHz for Little
LEO operations. Accordingly, we propose to allocate additional spectrum
for Little LEO service and request comment on this proposal.
4. We propose to allocate the 455-456 MHz and 459-460 MHz bands for
Little LEOs on a co-primary basis subject to the provisions of
international footnotes S5.286A, B, and C which would not permit Little
LEO operations to interfere with or inhibit the development of
incumbent terrestrial operations. Notwithstanding that the WRC-95
Preparatory Docket concluded that these bands may have potential
capacity for sharing with Little LEO uplinks without creating an
unacceptable impact on incumbent operations, we request additional
comment on whether there is sufficient spectrum sharing capacity in
these bands to support the proposed allocation for Little LEOs and on
whether there are techniques available that would permit Little LEOs to
share this spectrum without causing harmful interference to or
constraining the development of incumbent operations. If so, we also
request comment on whether a primary allocation with technical sharing
requirements would be sufficient to protect incumbent operations.
5. Commission staff analysis indicates that there are more than
25,000 Part 74 auxiliary broadcast transmitters authorized to use the
455-456 MHz band throughout the United States. Since many auxiliary
broadcast remote pickup channels in the 455-456 MHz band tend to be
used only intermittently and Little LEO transmissions in the 148-149.9
MHz band are currently limited to a short duration of only 450
milliseconds, Little LEO systems may be able to search the spectrum for
unused channels and accomplish their communications without hindering
incumbent use. Further, as indicated in the Commission's WRC-95
preparatory Report, Little LEO channel assignment and low power
techniques combined with brief message duration and geographic
separation may be able to protect broadcast auxiliary use. We note,
however, that the signal integrity of broadcast programming material
must be maintained and that Little LEO operations will not be permitted
to cause harmful interference to such auxiliary broadcast signals. We
invite comment on the feasibility of spectrum sharing between Little
LEO transmissions and the terrestrial broadcast remote pickup
operations.
6. Also, Little LEO uplinks in the 459-460 MHz band would have to
be compatible with a wide variety of fixed and mobile services
authorized under Parts 22, 80 and 90 of the Rules. We note that certain
operations in this frequency range, such as petroleum radio service
operations at 459.0 MHz and BETRS operations, may be used only
intermittently but require a high degree of reliability. Additionally,
we note plans to auction channels in the 459.025-459.65 MHz segment to
Part 22 licensees for such operations as common carrier paging, two-way
mobile telephony, and rural radiotelephony. We seek comment on whether
using the 459-460 MHz band for Little LEO operations would be
compatible with current and future fixed and mobile operations.
Specifically, we seek comment on whether certain portions of this band
should not be allocated for Little LEO operations and on the
feasibility of auctioning the 459.025-459.65 MHz segment to Part 22
licensees and also using this spectrum for Little LEO operations.
7. With respect to spectrum sharing between Little LEO operations
and incumbent fixed and mobile operations in the 455-456 MHz and 459-
460 MHz bands, we note that this was initially addressed in preparation
for WRC-95. While the sharing studies in IC Docket No. 94-31 were
sufficient to justify seeking NVNG MSS uplink allocations in these
bands, WRC-95 concluded that additional analysis was necessary.
Specifically, WRC-95 acknowledged the demand for additional NVNG MSS
spectrum, but it noted that spectrum below 1 GHz is extensively used by
many services and that new technologies of some radio services,
especially within the terrestrial mobile and broadcasting services, may
have an impact on the sharing possibilities. Accordingly, WRC-95
adopted Resolution 214 to invite the study and development of
recommendations on technical and operational issues related to sharing
between Little LEO operations and other services having allocations in
the bands proposed at that conference, and in other bands as necessary.
8. The issues of spectrum sharing between Little LEO operations and
incumbent operations in the 455-456 MHz and 459-460 MHz bands are
complex and will be thoroughly explored in a future, separate
proceeding that will focus on developing appropriate service and
licensing rules. We are seeking comment in the instant proceeding on
whether there is sufficient sharing capacity in these bands to support
the proposed allocation for Little LEOs and on whether there are
techniques available that would permit Little LEOs to share this
spectrum without causing harmful interference to or constraining the
development of incumbent operations.
9. Finally, we propose to update the International Table of
Allocations in Part 2 of our Rules to reflect the Final Acts of WRC-95
for the 137-138 MHz, 148-150.05 MHz, 399.9-400.05 MHz, 400.15-401 MHz,
455-456 MHz and 459-460 MHz bands. Specifically, we propose to update
the 137-138 MHz and 148-150.05 MHz bands to reflect changes in
international footnotes in this segment. We also propose to correct the
domestic allocation segments of the Allocation Table for the 137.025-
137.175 MHz and 137.825-138 MHz bands to indicate that the Mobile-
Satellite allocations are on a secondary basis. We also propose to
update the 399.9-400.05 MHz segment of the International Table of
Allocations to reflect a primary allocation in all Regions to Land
Mobile-Satellite (Earth-to-space) operations and the associated
international footnotes for this segment.
[[Page 58934]]
Further, we propose to update the 400.15-401 MHz segment of the
International Table of Allocations to reflect changes in the
international footnotes in this segment. Additionally, we propose to
update the 455-456 MHz and 459-460 MHz segments of the International
Table of Allocations to reflect a Region 2 allocation to Mobile-
Satellite (Earth-to-space) operations and the associated international
footnotes in this segment.
10. We also propose to replace international footnote numbers 596,
597, 598, 599A, 599B, 608, 608A, 608B, 608C, 609, 609A, 609B, 645B,
647A, and 647B with new international footnotes which meet the new
Radio Regulation numbering scheme and which reflect all modifications
to these footnotes adopted at WRC-95. Specifically, we propose to
replace the removed footnotes with new international footnote numbers
S5.204, S5.205, S5.206, S5.207, S5.208, S5.208A, S5.209, S5.218,
S5.219, S5.220, S5.221, S5.222, S5.223, S5.224, S5.260, S5.262, S5.263,
S5.264, S5.271, S5.286A, S5.286B, and S5.286C in the list of
international footnotes in Section 2.106. Further, we propose to update
the Table of Frequency Allocations by removing United States footnote
number US326 which expired on January 1, 1997. We also propose to
revise Section 25.202(a)(3) by removing certain provisions that expired
on January 1, 1997. Parties may comment on these proposed updates. This
action is taken in pursuant to Sections (4)(i), 7(a), 303(c), 303(f),
303(g), and 303(r) of the Communications Act of 1934, as amended, 47
U.S.C. Sections 154(i), 157(a), 303(c), 303(f), 303(g), and 303(r).
Final Regulatory Flexibility Analysis
11. As required by the Regulatory Flexibility Act,1 the
Commission has prepared an Initial Regulatory Flexibility Analysis of
the expected significant economic impact on small entities by the
policies and rules proposed in this Notice of Proposed Rule Making
(``Notice''). Written public comments are requested on the IRFA.
Comments must be identified as responses to the IRFA and must be filed
by the deadlines for comments on the Notice provided above. The
Secretary shall send a copy of this Notice, including the IRFA, to the
Chief Counsel for Advocacy of the Small Business
Administration.2
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\1\ 5 U.S.C. 603.
\2\ See id. section 603(a).
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A. Need for and Objectives of the Proposed Rules
12. The Notice proposes to allocate the 455-456 MHz and 459-460 MHz
bands to the Mobile Satellite Service (Earth-to-space) (``MSS
uplinks'') on a primary basis for non-voice, non-geostationary mobile
satellite services (``NVNG MSS''). This service, also referred to as
the ``Little LEO'' satellite service, uses constellations of low-Earth
orbiting (``LEO'') satellites to provide commercial radiolocation and
two-way data messaging services to potential customers anywhere in the
world. We take this action on our own initiative in order to adopt
domestically the NVNG MSS allocation adopted at the 1995 World
Radiocommunication Conference (``WRC-95'').3 This proposal
addresses the growing demand for NVNG MSS and could provide satellite
operators with increased flexibility in the design of their systems.
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\3\ See Final Acts of the World Radio[communication] Conference
(WRC-95) Geneva, 1995, Geneva, 17 November 1995 (``Final Acts'').
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B. Legal Basis
13. This action is taken pursuant to Sections 4(i), 7(a), 303(c),
303(f), 303(g), and 303(r) of the Communications Act of 1934, as
amended, 47 U.S.C. Sections 154(i), 157(a), 303(c), 303(f), 303(g), and
303(r).
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
14. The Commission has not developed a definition of small entities
relevant to satellite services licensees. Therefore, the applicable
definition of small entity in the satellite services industry is the
definition under the Small Business Administration (SBA) rules
applicable to Communications Services ``Not Elsewhere Classified.''
4 This definition provides that a small entity is expressed
as one with $11.0 million or less in annual receipts. According to
Census Bureau data, there are 848 firms that fall under the category of
Communications Services, Not Elsewhere Classified. Of those,
approximately 775 reported annual receipts of $11 million or less and
qualify as small entities.5 The Census Bureau category is
very broad and commercial satellite services constitute only a subset
of its total.
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\4\ 13 CFR 121.201, Standard Industrial Classification (SIC)
Code 4899.
\5\ U.S. Bureau of the Census, U.S. Department of Commerce, 1992
Census of Transportation, Communications, and Utilities, UC92-S-1,
Subject Series, Establishment and Firm Size, Table 2D, Employment
Size of Firms: 1992, SIC Code 4899 (issued May 1995).
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15. Although it is difficult to estimate the number of Little LEO
entities that will utilize the spectrum proposed in this Notice, we
note that the Commission has licensed three entities to provide Little
LEO services in the United States: Orbital Communications Corporation
(``Orbcomm''), Starsys Global Positioning, Inc. (``Starsys''), and
Volunteers in Technical Assistance (``VITA''). Additionally, five more
entities have filed applications with the Commission to provide Little
LEO services: LEO One USA Corporation (``LEO One''); CTA Commercial
Systems; E-Sat, Inc.; Final Analysis Communication Service, Inc.
(``FACS''); and GE American Communications, Inc. (``GE Americom''). Of
the eight potential Little LEO licensees that may ultimately utilize
these bands if allocated, only VITA and LEO One qualify as small
businesses.6 The other six entities are not small businesses
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. We request comment on the description and number of
small entities that are significantly impacted by this proposal.
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\6\ See Notice of Proposed Rule Making at 44, IB Docket No. 96-
426, FCC 96-426, (1996).
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16. Additionally, we note that there are numerous small entities
that currently operate terrestrial fixed and mobile radio systems in
the 455-456 MHz and 459-460 MHz bands under Parts 22, 74, 80 and 90 of
our rules. However, in a future proceeding we will consider technical
limitations on the new Little LEO operations in these bands in order to
prevent harmful interference to incumbent fixed and mobile operations.
We have not proposed any rule changes to the incumbent fixed and mobile
operations. Accordingly, we do not believe this proposed action will
have a negative impact on small entities that currently operate in the
455-456 MHz and 459-460 MHz bands.
D. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements
17. In this proceeding, we are proposing to allocate this spectrum
to NVNG MSS. The licensing and technical regulations governing these
operations will be addressed in a separate proceeding. Therefore, this
proposed action does not create any reporting or compliance
requirements.
[[Page 58935]]
E. Significant Alternatives to Proposed Rules Which Minimize
Significant Economic Impact on Small Entities and Accomplish Stated
Objectives
18. No Petitions for Rule Making were filed to initiate this
proceeding and there are no comments in this proceeding that suggest
alternatives to this proposed allocation. International regulations
require that NVNG MSS operations not cause harmful interference to nor
constrain the development of incumbent operations which should minimize
the impact on incumbent small entities. We request comment on further
alternatives that might minimize the amount of economic impact on small
entities.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
19. None.
List of Subjects
47 CFR Part 2
Comunications equipment, Radio.
47 CFR Part 25
Communications equipment, Satellites.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-28760 Filed 10-30-97; 8:45 am]
BILLING CODE 6712-01-P