[Federal Register: June 7, 2002 (Volume 67, Number 110)]
[Rules and Regulations]               
[Page 39308-39310]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn02-21]                         

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[CC Docket 92-297; FCC 01-172]

 
Rules To Redesignate the 27.5-29.5 GHz Frequency Band, To 
Reallocate the 29.5-30.0 GHz Frequency Band, To Establish Rules and 
Policies for Local Multipoint Distribution Service and for Fixed 
Satellite Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Federal Communications Commission (FCC) has adopted an 
order disposing of petitions for clarification or reconsideration of 
rules for the licensing and operation of communication satellite 
systems using the Ka Band for transmission between space stations and 
earth stations. We tentatively agree, however, that greater specificity 
in the service-coverage rule for Ka-Band systems may be desirable, and 
we intend to review this subject in the forthcoming rulemaking 
concerning the second-round Ka-Band applications.

DATES: Effective June 7, 2002.

FOR FURTHER INFORMATION CONTACT: William Bell at (202) 418-0741; 
internet: wbell@fcc.gov, International Bureau, Federal Communications 
Commission, Washington, DC 20554.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memoranudm Opinion and Order (MO&O) in CC Docket No. 92-297; FCC 00-
172, adopted May 22, 2001 and released on May 24, 2001. The complete 
text of this MO&O is available for inspection and copying during normal 
business hours in the FCC Reference Center (Room), 445 12th Street, 
SW., Room, CY-A257, Washington, DC 20554, and also may be purchased 
from the Commission's copy contractor, Qualex International, Portals 
II, 445 12th Street, SW., Room, CY-B402, Washington, DC 20554, 
telephone (202) 863-2893m facsimile (202) 863-2893 or via email 
qualexint@aol.com. It is also available on the Commission's website at 
http://www.fcc.gov.

Summary of Memorandum Opinion and Order

Coverage Requirements

    The FCC established service rules for Fixed Satellite Service 
(``FSS'') systems transmitting in the Ka-Band in the Third Report and 
Order in Docket No. 92-297, 62 FR 61448, November 18, 1997. Motorola 
Global Communications, Inc. filed a petition asking the FCC to revise

[[Page 39309]]

a rule adopted in the Third Report and Order that prescribes coverage 
requirements for non-geostationary-orbit (``NGSO'') systems. The rule 
provision in question, 47 CFR 25.145(c), states that an applicant for 
an NGSO FSS Ka-Band authorization must demonstrate that the proposed 
system could provide continuous service throughout the United States, 
Puerto Rico, and the U.S. Virgin Islands and must also show that the 
system could provide service for at least 18 hours in any 24-hour 
period anywhere outside the United States between 70 degrees North 
latitude and 55 degrees South latitude. Motorola asked the FCC to 
insert provisions defining required service coverage in terms of a 
five-degree minimum above-horizon elevation angle for the earth-
station-to-satellite sight-line. Motorola contended that by 
establishing a measurable performance threshold the proposed amendment 
would make it possible for the coverage requirement to be consistently 
applied. The FCC pointed out, however, that propagation in the Ka Band 
is highly susceptible to rain attenuation and that the duration and 
intensity of rain fade affecting a satellite link are inverse functions 
of the time-averaged elevation angle formed by the sight-line from the 
earth station to the satellite; the lower the angle, the greater the 
rain-fade effect. The FCC said that defining ``service'' in terms of a 
five-degree minimum elevation angle would have a bearing on quality of 
service everywhere within the defined coverage area, including 
locations where rainfall is generally plentiful. As there was no 
evidence of record that broadband NGSO FSS Ka-Band service could be 
reliably provided at elevation angles as low as five degrees in areas 
where rainfall is plentiful, the FCC declined to adopt the proposed 
rule amendment.

Construction Milestones

    A number of the license applicants involved in the first Ka-Band 
FSS processing round, including Hughes Communications Galaxy, Inc., 
proposed to use inter-satellite links (``ISLs'') to interconnect the 
satellites in their networks. Because of unresolved interference and 
allocation issues, the FCC's International Bureau withheld authority 
for ISLs when it granted initial system authorizations to those 
applicants, and the Commission said in the Third Report and Order that 
it would refrain from imposing construction-progress ``milestone'' 
deadlines for those licensees until the issues concerning ISL 
authorization were resolved. Hughes pointed out that the milestone rule 
did not fully reflect that policy determination, as it said that GSO 
FSS licensees would be required to commence construction within one 
year of receiving a license and launch at least one satellite within 
five years of that date. The FCC agreed with Hughes and accordingly 
revised the text of the milestone rule to conform more clearly to the 
intent expressed in the Third Report and Order in this regard.

Additional Spectrum Assignments for Links With Earth Stations Outside 
the United States

    In addition to requesting authority for Ka-Band satellite links 
with earth stations within the United States, Hughes requested 
authority to operate in wider frequency bands to link with earth 
stations in foreign countries. The Bureau did not assign spectrum to 
Hughes specifically for links with foreign-based earth stations but 
indicated in the initial license order that the Commission would 
undertake coordination on Hughes' behalf with respect to such non-
domestic operation in consultation with foreign administrations and 
noted that the Commission intended to address issues concerning 
international coordination of Ka-Band FSS systems in a future 
rulemaking order. In its petition for reconsideration, Hughes pointed 
out that although the Third Report and Order established policies for 
coordinating international operation of FCC-licensed Ka-Band satellite 
systems, the Commission had yet to grant explicit authority for Hughes 
to use spectrum for service links with earth stations in foreign 
countries. Hughes asked for issuance of a clarifying statement that it 
could use the frequency bands 17.7-18.8 GHz, 19.7-20.2 GHz, 27.5-28.6 
GHz, and 29.25-30.0 GHz for that purpose. In supporting comments, GE 
American Communications, Inc. agreed that the Commission should clarify 
the rights of GSO FSS licensees to operate internationally. The FCC 
accordingly directed its International Bureau to issue an order 
modifying Hughes' space-station license to add authority for such 
operation, subject to appropriate conditions. The FCC said, however, 
that before undertaking international coordination of proposed use of 
the 17.7-18.3 GHz band for FSS downlink transmission to earth stations 
in foreign countries it would require any licensee requesting such 
coordination to show that it has coordinated such proposed operation 
with other FCC licensees with authority for global operation in that 
frequency band.

Deviations From Band Plan Necessitated by Prior Coordination Agreements

    Hughes also requested clarification of the FCC's policy regarding 
international coordination of FCC-licensed Ka-Band satellite systems. 
The FCC said in the Third Report and Order that it would adhere to its 
domestic allocation plan when coordinating international operations of 
FCC-licensed Ka-Band FSS systems, except insofar as the plan was 
incompatible with coordination agreements that had been negotiated with 
other administrations before the plan was adopted. Hughes maintained 
that it could not ``finalize'' its system design and proceed with 
satellite construction without knowing how, and to what extent, such 
prior international agreements necessitate departure from the domestic 
allocation plan. As the Third Report and Order did not disclose such 
information, Hughes asked the FCC to ``specify in detail the extent to 
which GSO [Ka-Band] licensees will have to modify their international 
operations * * * to comply with deviations from the * * * [domestic] 
band plan [due to] preexisting * * * coordination agreements.'' In 
response to this request, the FCC pointed out that the information 
Hughes sought was already a matter of public record.

Anti-trafficking Rule

    On its own motion, the FCC amended the anti-trafficking rule for 
Ka-Band satellite systems, 47 CFR 25.145(d), to correct a cross-
reference that appeared to limit the applicability of the rule to 
licenses for NGSO systems, contrary to the Commission's plainly-stated 
intention in the Third Report and Order to prohibit ``any Ka-band 
licensee from selling a bare license for a profit.''

Ordering Clauses

    It Is Further Ordered that Sec. 25.145 of the Commission's rules is 
amended as specified in the rule changes, effective June 7, 2002. This 
action is taken pursuant to 47 U.S.C. 154(i) and 303(r).
    It is further Ordered that the ``Petition for Clarification and/or 
Reconsideration'' filed on December 18, 1997 by Teledesic Corporation 
shall be temporarily held in abeyance, as provided herein.

List of Subjects in 47 CFR Part 25

    Satellites.


[[Page 39310]]


    Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 25 as follows:

PART 25--SATELLITE COMMUNICATIONS

    1. The authority citation for part 25 continues to read as follows:

    Authority: 47 U.S.C. 701-744. Interprets or applies Sections 4, 
301, 302, 303; 307, 309 and 332 of the Communications Act, as 
amended, 47 U.S.C. Sections 154, 301, 302, 303, 307, 309 and 332, 
unless otherwise noted.


    2. Section 25.145 is amended by revising paragraphs (d)(1), (d)(2) 
and (f) to read as follows:


Sec. 25.145  Licensing conditions for the Fixed-Satellite Service in 
the 20/30GHz Bands.

* * * * *
    (d) * * *
    (1) ``Trafficking'' in bare licenses is prohibited, except with 
respect to licenses obtained through a competitive bidding procedure.
    (2) The Commission will review a proposed transaction to determine 
if the circumstances indicate trafficking in licenses whenever 
applications (except those involving pro forma assignment or transfer 
of control) for consent to assignment of a license, or for transfer of 
control of a licensee, involve facilities licensed for the Fixed-
Satellite Service in the 20/30 GHz bands.
* * * * *
    (f) Implementation milestone schedule. Unless otherwise specified 
in the license, each GSO FSS licensee in the 20/30 GHz band will be 
required to begin construction of its first satellite within one year 
of grant of all space station frequency assignments, to begin 
construction of the remainder within two years of such authorization, 
to launch at least one satellite into each of its assigned orbit 
locations within five years of such authorization, and to launch the 
remainder of its satellites by the date required by the International 
Telecommunication Union to assure international recognition and 
protection of those satellites. Unless otherwise specified in the 
license, each NGSO FSS licensee in the 20/30 GHz band will be required 
to begin construction of its first two satellites within one year of 
the grant of all space station frequency assignments and complete 
construction of those first two satellites within four years of such 
authorization. Construction of the remaining authorized operating 
satellites in the constellation must begin within three years of such 
authorization, and the entire authorized system must be operational 
within six years.
* * * * *
[FR Doc. 02-14271 Filed 6-6-02; 8:45 am]
BILLING CODE 6712-01-P