[Federal Register Volume 61, Number 152 (Tuesday, August 6, 1996)]
[Proposed Rules]
[Pages 40772-40774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19924]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[IB Docket No. 96-132; FCC 96-259]
Satellite Licensing Procedures
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: American Mobile Satellite Corporation (``AMSC'') is the only
U.S. mobile satellite service (``MSS'') system currently authorized to
operate in the upper L-band. However, international coordination has
been extremely difficult and we do not believe we will be able to
secure sufficient spectrum in the upper L-band for AMSC's operations.
Therefore, the Commission
[[Page 40773]]
has proposed to assign the first 28 MHz of spectrum (14 MHz for Earth-
to-space transmissions and 14 MHz for space-to-Earth transmissions)
internationally coordinated in both the upper and lower portions of L-
band to AMSC. This proposal will help to ensure that MSS becomes a
reality in the L-band and AMSC, a licensed and partly operating
satellite system, is able to provide service.
DATES: Comments must be submitted on or before September 3, 1996; reply
comments must be submitted on or before September 23, 1996.
ADDRESSES: Federal Communications Commission, 1919 M Street, NW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Paula Ford, International Bureau,
Satellite Policy Branch, (202) 418-0760; Kathleen Campbell,
International Bureau, Satellite Policy Branch (202) 418-0753.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rule Making (``NPRM'') in IB Docket No. 96-132; FCC 96-259,
adopted June 6, 1996 and released June 18, 1996. The complete text of
this Notice of Proposed Rule Making is available for inspection and
copying during normal business hours in the FCC Reference Center (Room
239), 1919 M Street, NW., Washington, DC, and also may be purchased
from the Commission's copy contractor, International Transcription
Service, (202) 857-3800, 2100 M Street, NW., Suite 140, Washington, DC.
20037.
Title: Establishing Rules and Policies for the Use of Spectrum for
Mobile Satellite Service in the Upper and Lower L-band.
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.
Summary of Notice of Proposed Rule Making
1. In the course of international coordination, it has become clear
that the U.S. will not be able to secure sufficient spectrum in the
upper L-band for its only licensee in the band, AMSC. Never before have
we been unable to secure sufficient spectrum to support a satellite
system that already has been licensed, partly constructed, and
operating. Therefore, the Commission proposes to limit eligibility for
the first 14 MHz of spectrum coordinated for Earth-to-space
transmissions and the first 14 MHz coordinated for space-to-Earth
transmissions in the upper and/or lower L-bands to AMSC and proposes to
modify AMSC's license accordingly.
2. Coordination in the L-band has been extremely difficult. In the
entire L-band, there is 66 MHz of spectrum available for use by
Inmarsat, Canada, Mexico, the Russian Federation, and the United States
who, at the present time, are coordinating spectrum for a variety of
MSS systems in the vicinity of North America. The United States has
been at a disadvantage during this coordination because it began
coordinating the upper L-band and only later began focusing on the
lower L-band while Inmarsat and the other administrations have been
coordinating spectrum throughout the entire L-band.
3. Furthermore, Inmarsat, the United States, and the other
administrations have claimed requirements totalling significantly more
than the 66 MHz available. Moreover, the current designs of mobile
terminals for these MSS systems do not permit them to share frequencies
in adjacent or similar geographic areas. Given this demand and the
technical restrictions, we do not think it will be possible to secure
for AMSC the 28 MHz of spectrum we have authorized it to use in the
upper L-band. In fact, it is unlikely that we will be able to
coordinate more than 10 to 12 MHz in the upper L-band. Such an amount
appears insufficient to operate the satellite system we authorized AMSC
to build.
4. We believe the public interest is best served by allowing AMSC
to use spectrum in the lower L-band. The reasons for supporting MSS in
the L-band are as valid today as they were in 1986. MSS can serve areas
of the country that are too remote or sparsely populated to be served
by terrestrial land mobile systems. It can generate a host of new
services by providing communication between virtually any point in the
country, irrespective of distance. MSS is uniquely suited for meeting
the needs of the transportation, petroleum, and other vital industries.
It can meet rural public safety needs and provide emergency
communications to any area in times of emergencies and natural
disasters. Moreover, the L-band is currently the only primary MSS band
in which we have licensed geostationary MSS systems. Geostationary and
non-geostationary MSS systems each have distinctive service
characteristics, and we believe that each type of service should be
allowed to demonstrate its advantages. If geostationary MSS is to have
that opportunity in the near term, it must be in the L-band.
5. Coordinating spectrum for AMSC in the lower L-band is
particularly attractive because, with the exception of the United
States, the same administrations and systems coordinating spectrum in
the upper L-band are currently coordinating spectrum in the lower L-
band. AMSC's system operates in geostationary orbit and can be timely
coordinated with the other entities who have published in advance with
the International Telecommunication Union their plans to implement
geostationary systems in the lower L-band. The lower L-band can also
accommodate both voice and data services which the currently licensed
system expects to provide.
6. AMSC--having already constructed and launched one of its three
authorized satellites--is in the best position to provide MSS to the
public expeditiously. If AMSC, through no fault of its own, obtains
insufficient spectrum for its system, its service will be jeopardized,
and no other potential licensee in the lower L-band will be able to
provide service for years. AMSC's substantial progress toward full
implementation thus figures heavily in our public interest analysis.
This is especially true because AMSC's expenditures were actually
required by the construction and launch milestones in AMSC's license.
7. While all satellite licenses are granted subject to the
uncertainties of international coordinations, the public interest
requires that a Commission license carry with it some reasonable
expectation that it will permit the holder to implement its system.
Otherwise applicants and licensees--as well as their investors and
potential customers--may be unwilling to commit the significant
resources necessary to implement proposed systems, and this will have a
chilling effect on the introduction of new services to the public. The
Commission naturally does not guarantee that any U.S.-licensed system
will be profitable, and it certainly cannot guarantee that other
administrations will always accommodate U.S.-licensed systems. We can
and should, however, take reasonable and appropriate steps to ensure
that our licensees have a fair opportunity to compete.
8. Opening the lower L-band for competing applications would
present at least a theoretical possibility for a second U.S. licensee
to begin providing MSS in the L-band in competition with AMSC. However,
our experience in L-band coordinations since 1989 leads us to question
whether this theoretical possibility is a realistic one. In particular,
we note that it is unlikely that we could coordinate more than 10 MHz
in the lower L-band for another
[[Page 40774]]
U.S. system, and we estimate that 20 MHz is the minimum amount of
spectrum necessary for a viable MSS system.
9. Even under the proposal we make today, we are pessimistic about
coordinating all 28 MHz of spectrum we have licensed AMSC to use. We do
expect, however, to coordinate enough spectrum to permit AMSC to
operate at least one of its three satellites in a cost-effective
manner. If contrary to our expectation, we are able to coordinate more
than 28 MHz of spectrum in the upper and/or lower L-bands, we propose
to allow other parties to apply for the additional spectrum.
10. In addition to adopting rules that permit us to assign AMSC
spectrum in the upper and lower L-bands different from that which AMSC
is currently authorized to use, we also propose to modify AMSC's
authorization to include spectrum in the entire L-band, lower and
upper. Therefore, this NPRM shall also serve as notice to AMSC of a
proposal to modify its current license, and protests may be filed in
response to this NPRM.
Ordering Clauses
11. Accordingly, pursuant to authority contained in sections 4(i),
4(j), 303, 316, and 403 of the Communications Act of 1934, as amended,
47 U.S.C. 154(i), 154(j), 303, 316, and 403, we hereby give notice of
our intent to adopt the licensing policies set forth herein and to
modify, as specified herein, the license currently held by AMSC for
provision of MSS service.
12. It is further ordered that the Secretary shall send a copy of
this Notice of Proposed Rule Making, including the Initial Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration in accordance with 5 U.S.C. 601 et seq. (1981)
and pursuant to Sec. 1.87 of the rules, shall serve a copy of this NPRM
on AMSC.
Administrative matters
13. This is a rulemaking proceeding to develop policies for the
assignment of spectrum but because the Commission also proposes to
modify a license, this proceeding is also an adjudication. Pursuant to
Sec. 1.1200(a) of the Commission's rules, Sec. 1.1208 detailing the ex
parte procedures for adjudicatory proceedings is waived. The entire
proceeding both, rulemaking and adjudication, shall be treated as
``non-restricted'' for ex parte purposes in order to assist the
Commission in developing a more complete record on which a well-
reasoned decision can be made. 47 CFR 1.1200(a) and 1.1206. 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 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.
14. Pursuant to applicable procedures set forth in Secs. 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 September 3, 1996, and reply
comments on or before September 23, 1996. 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, NW., Washington,
DC 20554. For further information concerning this NPRM contact Paula
Ford at (202) 418-0760 or Kathleen Campbell at (202) 418-0753.
Initial Regulatory Flexibility Act Statement
15. 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, Pub.L. No. 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.
William F. Caton,
Acting Secretary.
[FR Doc. 96-19924 Filed 8-5-96; 8:45 am]
BILLING CODE 6712-01-P
