[Federal Register Volume 64, Number 66 (Wednesday, April 7, 1999)]
[Proposed Rules]
[Pages 16880-16882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8510]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[IB Docket No. 99-81; RM-9328; FCC 99-50]
The Establishment of Policies and Service Rules for the Mobile
Satellite Service in the 2 GHz Band
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: The Federal Communications Commission (FCC) proposes to amend
the regulations covering the 1.6/2.4 GHz Mobile Satellite Service (MSS)
to incorporate the rules for the 2 GHz MSS in a Notice of proposed
rulemaking (Notice). The Notice also seeks comment on non-service link
issues, service rules, and frequency coordination. The actions are
necessary to establish service rules for the 2 GHz MSS and to obtain
public comment on policies for the 2 GHz MSS. The effect of amending
the existing 1.6/2.4 GHz MSS rules to incorporate the 2 GHz MSS is to
simplify and harmonize the rules for these types of satellite services
in the Commission's rules.
DATES: Submit comments on or before June 24, 1999 and submit reply
comments on or before July 26, 1999.
ADDRESSES: Office of the Secretary, Federal Communications Commission,
445 Twelfth Street, S.W., Washington, D.C. 20554. Comments may be filed
using the Commission's Electronic Comment Filing System (ECFS) or by
filing paper copies. See Electronic Filing of Documents in Rulemaking
Proceedings, 63 FR 24121 (May 1, 1998). Comments filed through the ECFS
can be sent as an electronic file via the Internet to http://
www.fcc.gov/e-file/ecfs.html>. Generally, only one copy of an
electronic submission must be filed. If multiple docket or rulemaking
numbers appear in the caption of this proceeding, however, commenters
must transmit one electronic copy of the comments to each docket or
rulemaking number referenced in the caption. In completing the
transmittal screen, commenters should include their full name, Postal
Service mailing address, and the applicable docket or rulemaking
number. Parties may also submit an electronic comment by Internet e-
mail. To get filing instructions for e-mail comments, commenters should
send an e-mail to ecfs@fcc.gov, and should include the following words
in the body of the message, ``get form .'' A
sample form and directions will be sent in reply.
FOR FURTHER INFORMATION CONTACT: Technical Information: Alex Roytblat,
202-418-7501; Legal Information: Chris Murphy, 202-418-2373 or Howard
Griboff, 202-418-0657.
SUPPLEMENTARY INFORMATION:
1. The Commission is authorized to conduct this rulemaking pursuant
to its statutory authority contained in the Communications Act of 1934,
as amended. 47 U.S.C. 154(i), 303(v). The Notice proposes to grant in
part the Petition for Expedited Rulemaking (RM-9328) filed by ICO
Services Limited, which requests that the Commission establish service
rules for the 2 GHz mobile satellite service by amending the existing
Big LEO mobile satellite service rules rather than by developing an
entirely new set of rules. The Notice also proposes not to adopt
financial qualification entry criteria because all of the proposed
systems can be accommodated in the available spectrum. The Notice
proposes four main spectrum assignment options. The first is a
``flexible band arrangement'' that would grant each system 2.5 MHz in
uplink and downlink spectrum, group systems in segments based on the
particular technology used, and provide expansion spectrum between the
assigned segments for additional system requirements. The second
proposes a ``negotiated entry'' approach that would license all the
applicants across the entire band and leave it to them to coordinate
their operations with the Commission being available to resolve
disputes. The third and fourth options, respectively, are a
``traditional band arrangement'' in which the spectrum would be divided
equally among the applicants, and a proposal to auction licenses in the
event that none of the preceding three options is viable. The Notice
also asks commenters to propose different spectrum assignment
alternatives or whether there are other viable approaches or
combinations to sharing this spectrum.
2. The Notice reviews each proposed service rule and seeks comment
on specific proposals for applying the rules to the 2 GHz MSS. For
instance, the Notice seeks comment on the appropriate license term for
2 GHz MSS systems and whether they should be required to build their
systems with public safety capabilities such as
[[Page 16881]]
position determination and automatic number identification. The Notice
also requests commenters to address the need for service to rural and
unserved areas, including Indian reservations, in their comments, and
the role that these new systems can play in meeting this need.
Specifically, the Notice asks commenters to address whether one
criterion for resolution of expansion band coordination disputes should
be whether a licensee is providing service to unserved areas, or
whether licensees should be granted extensions of system implementation
milestones if they will provide service to unserved communities.
3. In addition, the Notice seeks comment whether and how orbital
debris mitigation practices should be applied to 2 GHz mobile satellite
systems. The Notice also seeks comment on out-of-band emission
requirements and incorporating the Global Mobile Personal
Communications Service and handset roaming authorization procedures
addressed in a rulemaking recently adopted by the Commission (IB Docket
No. 99-67, FCC 99-37 (released March 5, 1999). Moreover, the Notice
acknowledges relocation issues associated with the authorization of the
2 GHz MSS and offers commenters an opportunity to address any in-band
sharing issues, particularly as they may affect the Commission's choice
of assignment methods in this proceeding. Finally, the Notice seeks
input on international coordination of the U.S. 2 GHz MSS band
arrangement. In this regard, the Notice seeks input on ways the U.S.
band arrangement could achieve compatibility with the existing European
2 GHz MSS band arrangement.
Initial Regulatory Flexibility Analysis
Pursuant to the Regulatory Flexibility Act of 1990, 5 U.S.C. 601-
612, (RFA) as amended by the Contract with America Advancement Act of
1996, Public Law No. 104-121, 110 Stat. 847, the Commission's Initial
Regulatory Flexibility Analysis with respect to this Notice of Proposed
Rulemaking is as follows:
Reason for and Objectives of the Proposed Rule: This Notice of
Proposed Rulemaking (Notice) seeks comment on various proposals for
creating a spectrum assignment approach that would accommodate all
proposed 2 GHz MSS systems and provide service to consumers as quickly
as possible. This Notice also seeks comment on proposals for service
rules to apply to 2 GHz MSS systems. These actions are necessary for
the Commission to evaluate these proposals and seek comment from the
public on any other alternatives. The objective of this proceeding is
to assign the 2 GHz MSS spectrum in an efficient manner and create
rules to ensure systems implement their proposals in a manner that
serves the public interest. We believe that adoption of the proposed
rules will reduce regulatory burdens and, with minimal disruption to
existing permittees and licensees, result in the continued development
of 2 GHz MSS and other satellite services to the public.
Legal Basis: This Notice is adopted pursuant to Sections 1, 4(i),
303(r), 303(v), 307, 309(a), 309(j), 310, 319(d), 321(b), 332, 359 of
the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i),
303(r), 303(v), 307, 309(a), 309(j), 310, 319(d), 321(b), 332, 359 and
5 U.S.C. 553 of the Administrative Procedures Act.
Description and Estimate of Small Entities Subject to the Rules:
The Commission has not developed a definition of small entities
applicable to geostationary or non-geostationary orbit fixed-satellite
or mobile satellite service operators. Therefore, the applicable
definition of small entity is the definition under the Small Business
Administration (SBA) rules applicable to Communications Services, Not
Elsewhere Classified. This definition provides that a small entity is
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 which could
potentially fall into the 2 GHz MSS category. Of those, approximately
775 reported annual receipts of $11 million or less and qualify as
small entities. The rules proposed in this Notice apply only to
entities providing 2 GHz mobile satellite service. Small businesses may
not have the financial ability to become 2 GHz MSS system operators
because of the high implementation costs associated with satellite
systems and services. At least one of the 2 GHz MSS applicants may be
considered a small business at this time. We expect, however, that by
the time of implementation it will no longer be considered a small
business due to the capital requirements for launching and operating
its proposed system. Since there is limited spectrum and orbital
resources available for assignment, we estimate that no more than 9
entities will be approved by the Commission as operators providing
these services. Therefore, because of the high implementation costs and
the limited spectrum resources, we do not believe that small entities
will be impacted by this rulemaking to a great extent.
Reporting, Recordkeeping, and Other Compliance Requirements: The
proposed action in this Notice would affect those entities applying for
2 GHz MSS space station and earth station authorizations and those
applying to participate in assignment of 2 GHz MSS spectrum. In the
case where there is not any mutual exclusivity, applicants will be
required to follow the streamlined application procedures of part 25
for space and earth station licenses by submitting the information
required by Form 312, where applicable. In the case where there is
mutual exclusivity between applicants for authorizations and spectrum
reservations in the case of letter of intent filers, the competitive
bidding rules of part 1 will be used to determine the licensee and/or
spectrum designee. If auctions are required, applicants and letter of
intent filers will have to comply with the requirement to file a short-
form (FCC Form 175). Completion of short-form FCC Form 175 to
participate in an auction is not estimated to be a significant economic
burden for these entities. The action proposed will also affect auction
winners in that it will require them to submit a long Form 312
application for authorization. Submission of Form 312 will be required
by all 2 GHz MSS applicants and letter of intent filers whether
selected through the competitive bidding process or not.
Federal Rules that Overlap, Duplicate or Conflict with These
Proposed Requirements: None. One of the main objectives of the Notice
is to eliminate any existing overlap or duplication of rules between
the 2 GHz MSS and other satellite services.
Steps Taken to Minimize Significant Economic Impact on Small
Entities and Significant Alternatives Considered: In developing the
proposals contained in this Notice, we have attempted to minimize the
burdens on all entities in order to allow maximum participation in the
2 GHz MSS market while achieving our other objectives. We seek comment
on the impact of our proposals on small entities and on any possible
alternatives that could minimize the impact of our rules on small
entities. In particular, we seek comment on alternatives to the
reporting, recordkeeping, and other compliance requirements discussed
above. Written comments are requested on this Initial Regulatory
Flexibility Analysis. These comments must be filed in accordance with
the same filing deadlines set for comments on the other issues in this
Notice of Proposed Rulemaking, but they must have a separate and
distinct heading designating them as responses to the Regulatory
Flexibility Analysis.
[[Page 16882]]
The Public Affairs, Reference Operations Division, shall send a copy of
this Notice to the Chief Counsel for Advocacy of the Small Business
Administration in accordance with Section 603(a) of the Regulatory
Flexibility Act.
Comments are solicited: Written comments are requested on this
Initial Regulatory Flexibility Analysis. These comments must be filed
in accordance with the same filing deadlines set for comments on the
other issues in this Notice of Proposed Rulemaking, but they must have
a separate and distinct heading designating them as responses to the
Regulatory Flexibility Analysis.
List of Subjects in 47 CFR Part 25
Satellites.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 99-8510 Filed 4-6-99; 8:45 am]
BILLING CODE 6712-01-P
