96-33143. Non-Voice Non-Geostationary Mobile Satellite Service

[Federal Register Volume 61, Number 252 (Tuesday, December 31, 1996)]
[Proposed Rules]
[Pages 69062-69064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33143]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 96-220; FCC 96-426]


Non-Voice Non-Geostationary Mobile Satellite Service

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission has proposed 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 proposals include limiting the licensees in 
the second processing round to ``new entrants;'' adopting strict 
financial rules; adopting rules requiring licensees to time-share 
spectrum with existing commercial and government licensees; and seeking 
comment on conducting auctions if mutual exclusivity arises.

DATES: Comments must be submitted on or before January 6, 1997; reply 
comments must be submitted on or before January 13, 1997.

ADDRESSES: Federal Communications Commission, 1919 M Street, N.W., 
Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Paula Ford, International Bureau, 
Satellite Policy Branch, [phone]; Brian Carter, International 
Bureau, Satellite Policy Branch, [phone]; Kathleen Campbell, 
International Bureau, Satellite Policy Branch [phone].

Summary of Notice of Proposed Rulemaking

    1. This Notice of Proposed Rulemaking (``NPRM'') 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 NPRM, we propose service rules and polices for the 
licensing of three applicants in the second processing round.
    2. In order to promote multiple entry and competition, the 
Commission proposes to limit the participation in the second processing 
round to pending applicants who are not Little LEO licensees or 
affiliated with a Little LEO licensee. We propose to identify an 
applicant as an affiliate if the applicant: (1) Directly or indirectly 
controls or influences a licensee; (2) is directly or indirectly 
controlled or influenced by a licensee; or (3) is directly or 
indirectly controlled or influenced by a third party or parties that 
also have the power to control or influence a licensee.
    3. Given that future entry may not be possible in the Little LEO 
service and grant to an under-financed applicant will likely prevent a 
capitalized applicant from going forward, we propose to amend the 
current financial standard to require that each applicant demonstrate 
that it has finances necessary to construct, launch, and operate the 
entire system for a year. In cases where there are more applicants than 
the spectrum can accommodate, a grant to an under-financed space 
station applicant may preclude a capitalized applicant from 
implementing its system, and delay service to the public. In the past 
we have required a stringent financial showing in such cases.
    4. We propose to license three Little LEO systems to operate in 
particular spectrum blocks: the first system in the 149.81 MHz/
400.5050-400.5517 MHz bands; the second in the 148.905-149.81 MHz/137-
138 MHz bands; the third system in the 149.95-150.05 MHz/400.150-
400.5050 MHz/400.645-401.0 MHz bands. The proposal requires all systems 
to time-share the spectrum and coordinate use of the spectrum with 
users of the bands. In the 137-138 MHz band, the Little LEO licensee 
would have to time-share spectrum with meteorological satellites of the 
National Oceanic and Atmospheric Administration. The Little LEO system 
operating in the 400.150-400.5050 MHz and 400.645-401 MHz bands would 
have to time-share the spectrum with meteorological satellites of the 
Department of Defense.
    5. We also request comments on a number of other issues. If we have 
more qualified applicants than available spectrum in which they can 
operate, we asked for comment on how to resolve mutually exclusive 
applications and whether we should conduct an auction. We also ask for 
comment on effective methods of preventing transmissions into countries 
which have not authorized Little LEO service. Little LEO earth 
terminals have the physical capability to roam from one region or 
country to the next. Because of their inherent mobility, users may 
attempt to operate their earth terminals in a country in which the 
Little LEO licensee is not authorized to operate. In order to protect 
against this, we seek comment on methods to address this such as 
requiring each Little LEO user terminal to be equipped with position 
determination capabilities. In addition, we seek comment on whether we 
should adopt limitations on licensee's ability to enter into exclusive 
arrangements with other countries concerning communications to and from 
the United States. An exclusive arrangement may foreclose other Little 
LEO licensees from serving a foreign market and preventing that 
licensee from providing global service.
    6. Finally, we also ask parties to submit amended applications on 
or before January 27, 1997 to operate in the spectrum blocks outlined 
in the NPRM. Amended applications must comply with the proposed rules. 
However, applicants are required to demonstrate finances sufficient to 
construct and operate only two satellites in their system for a year. 
Applicants will be allowed to further amend their applications once the 
Report and Order has been released only to the extent necessary because 
of the new obligations we have proposed that are different from the 
proposals in the Notice. If we adopt a strict financial standard we 
will allow applicants to amend their applications.

[[Page 69063]]

Ordering Clauses

    7. Accordingly, it is ordered that pursuant to the authority 
contained in Sections 1, 4(i), 4(j), 301, 303, 308, and 309(j) of the 
Communications Act of 1934, as amended, 47 U.S.C. Secs. 151, 154(i), 
154(j), 301, 303, 308, and 309(j), notice is hereby given of our intent 
to adopt the policies and rules set forth in this Notice and that 
comment is sought on all the proposals in this Notice.
    8. It is further ordered that E-SAT, Inc.'s Petition for Rulemaking 
in Establishing Rules for Licensing Second-Round Applicants in the Non-
voice, Non-geostationary Mobile Satellite Service dated February 14, 
1996 and requesting that the Commission initiate a rulemaking 
proceeding to develop regulations for processing the second-round 
Little LEO applications is granted.
    9. It is further ordered that the Secretary shall send a copy of 
this Notice of Proposed Rulemaking, including the Initial 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. 601 et seq. (1981).

Administrative Matters

    10. This is a non-restricted notice and comment rulemaking 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided they are disclosed as provided in the 
Commission's rules. See generally 47 CFR Secs. 1.1202, 1.1203, and 
1.1206(a). The Sunshine Agenda period is the period of time that 
commences with the release of public notice that a matter has been 
placed on the Sunshine Agenda and terminates when the Commission (1) 
releases the text of a decision or order in the matter; (2) issues a 
public notice stating that the matter has been deleted from the 
Sunshine Agenda; or (3) issues a public notice stating that the matter 
has been returned to the staff for further consideration, whichever 
occurs first. 47 CFR 1.1202(f). During the Sunshine Agenda period, no 
presentations, ex parte or otherwise, are permitted unless specifically 
exempted. 47 CFR 1.1203.
    11. Pursuant to applicable procedures set forth in Sections 1.415 
and 1.419 of the Commission's Rules, 47 CFR 1.415 and 1.419, interested 
parties may file comments on or before January 6, 1997 and reply 
comments on or before January 13, 1997. To file formally in this 
proceeding, you must file an original and five copies of all comments, 
reply comments, and supporting comments. If you want each Commissioner 
to receive a personal copy of your comments send additional copies to 
Office of the Secretary, Federal Communications Commission, Washington, 
D.C. 20554. Comments and reply comments will be available for public 
inspection during regular business hours in the Federal Communications 
Commission, Reference Center, Room 239, 1919 M Street, N.W. Washington, 
D.C. 20554. For further information concerning this rulemaking contact 
Paula Ford at [phone] or Virginia Marshall [phone].

Initial Regulatory Flexibility Act Statement

    12. As required by Section 603 of the Regulatory Flexibility Act, 
the Commission has prepared an Initial Regulatory Flexibility Analysis 
(``IRFA'') of the expected impact on small entities of the proposals 
suggested in this document. The IRFA is set forth in Appendix A of the 
NPRM. Written public comments are requested on the IRFA. These comments 
must be filed in accordance with the same filing deadlines as comments 
on the rest of the NPRM, but they must have a separate and distinct 
heading designating them as responses to the Initial Regulatory 
Flexibility Analysis. The Secretary shall send a copy of this NPRM, 
including the Initial 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 96-
354, 94 Stat. 1164, 5 U.S.C. 601 et seq. (1981).

List of Subjects in 47 CFR Part 25

    Satellites.

Federal Communications Commission.
Shirley S. Suggs,
Chief, Publications Branch.

Rule Changes

    Part 25 of the Commission's Rules and Regulations, Chapter I of 
Title 47 of the Code of Federal Regulations is proposed to be 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. Sections 25.259 and 25.260 are added to Subpart C to read as 
follows:


Sec. 25.259  Time Sharing Between NOAA Meteorological Satellites and 
NVNG Satellites in the 137-138 MHz Band.

    (a) An NVNG licensee time-sharing spectrum in the 137-138 MHz band 
shall not transmit signals into the ``protection areas'' of National 
Oceanic and Atmospheric Administration (``NOAA'') satellites. The 
protection area shall be calculated by using ephemeris data and an 
earth station elevation angle of zero degrees towards the NOAA 
satellite. The NVNG licensee is responsible for obtaining the necessary 
ephemeris data. This information shall be updated system-wide on at 
least a biweekly basis.
    (b) NVNG licensees shall establish a 24-hour per day contact person 
and telephone number so that claims of harmful interference into the 
NOAA earth stations and other issues can be reported and resolved 
expeditiously. This contact information shall be made available to 
NOAA.
    (c) NVNG satellites shall be designed to cease transmissions 
automatically if, within a forty-eight hour period, a valid reset 
signal has not been received from the NVNG gateway Earth station. All 
NVNG satellites shall be capable of instantaneous shutdown on any sub-
band upon command from the gateway earth station.


Sec. 25.260  Time Sharing Between DoD-NOAA Meteorological Satellites 
and NVNG Satellites in the 400.15-401 MHz band.

    (a) An 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'')-National Oceanic and Atmospheric 
Administration (``NOAA'') meteorological satellites. The protection 
area shall be calculated by using ephemeris data and an earth station 
elevation angle of zero degrees toward the DoD-NOAA meteorological 
satellite. The NVNG licensee is responsible for obtaining the necessary 
ephemeris data. This information shall be updated system-wide on at 
least a weekly basis.
    (b) NVNG licensees shall establish a 24-hour per day contact person 
and telephone number so that claims of harmful interference into DoD-
NOAA earth station users and other operational issues can be reported 
and resolved expeditiously. This contact information shall be made 
available to DoD-NOAA.
    (c) NVNG satellites shall be designed to cease transmissions 
automatically if, within forty-eight hours, a valid reset signal has 
not been received from the NVNG gateway earth station. All NVNG 
satellites shall be capable of instantaneous shutdown on any sub-

[[Page 69064]]

band upon command from the gateway earth station.
    (d) Notwithstanding other provisions of this section, NVNG 
satellites sharing the 400.15-401 MHz with DoD-NOAA meteorological 
satellites shall implement within ninety minutes of receiving notice of 
a DoD-NOAA system frequency change, all appropriate modifications and 
updates to operate on a non-interference basis in accordance with 
subsection (a), above.
    (e) At DoD-NOAA's instruction, the Little LEO System-3 operator 
will test, up to four times a year, the Little LEO system's ability to 
implement a DoD-NOAA requested frequency change.
[FR Doc. 96-33143 Filed 12-30-96; 8:45 am]
BILLING CODE 6712-01-P