97-28760. Allocation of 455-456 MHz and 459-460 MHz Bands to MSS  

  • [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.
    
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    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
    
    
    

Document Information

Published:
10/31/1997
Department:
Federal Communications Commission
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
97-28760
Dates:
Comments must be filed on or before December 1, 1997, and reply comments must be filed on or before December 15, 1997.
Pages:
58932-58935 (4 pages)
Docket Numbers:
ET Docket No. 97-214, FCC 97-363
PDF File:
97-28760.pdf
CFR: (2)
47 CFR 2
47 CFR 25