82_FR_37178 82 FR 37027 - Establishment of Policies and Service Rules for the Broadcasting-Satellite Service at the 17.3-17.8 GHz and the 24.75-25.25 GHz Frequency Bands for Feeder Links to the Broadcasting-Satellite Service and for Satellite Services Operating Bi-Directionally

82 FR 37027 - Establishment of Policies and Service Rules for the Broadcasting-Satellite Service at the 17.3-17.8 GHz and the 24.75-25.25 GHz Frequency Bands for Feeder Links to the Broadcasting-Satellite Service and for Satellite Services Operating Bi-Directionally

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 151 (August 8, 2017)

Page Range37027-37030
FR Document2017-16662

The Federal Communications Commission adopts technical rules to mitigate ground-path interference between the Digital Broadcasting Satellite Service (DBS) and the Broadcasting-Satellite Service (BSS) in the 17.3-17.8 GHz band to protect consumers and foster more rapid deployment of services, greater investment, and new innovation.

Federal Register, Volume 82 Issue 151 (Tuesday, August 8, 2017)
[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Rules and Regulations]
[Pages 37027-37030]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16662]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 06-123, FCC 17-49]


Establishment of Policies and Service Rules for the Broadcasting-
Satellite Service at the 17.3-17.8 GHz and the 24.75-25.25 GHz 
Frequency Bands for Feeder Links to the Broadcasting-Satellite Service 
and for Satellite Services Operating Bi-Directionally

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Federal Communications Commission adopts technical rules 
to mitigate ground-path interference between the Digital Broadcasting 
Satellite Service (DBS) and the Broadcasting-Satellite Service (BSS) in 
the 17.3-17.8 GHz band to protect consumers and foster more rapid 
deployment of services, greater investment, and new innovation.

DATES: Effective September 7, 2017.

FOR FURTHER INFORMATION CONTACT: Sean O'More, 202-418-2453, or if 
concerning the information collections in this document, Cathy 
Williams, 202-418-2918.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third 
Report and Order, FCC 17-49, adopted April 21, 2017, and released April 
25, 2017. The full text of the Report and Order is available at https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-49A1.pdf. It also are 
available for inspection and copying during business hours in the FCC 
Reference Information Center, Portals II, 445 12th Street SW., Room CY-
A257, Washington, DC 20554. To request materials in accessible formats 
for people with disabilities, send an email to [email protected] or call 
the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 
202-418-0432 (TTY).

Synopsis

    This Report and Order adopts new rules to mitigate interference 
from DBS feeder-link earth stations to BSS consumer earth terminals 
(ground path interference) in the 17.3-17.8 GHz band. We adopt a rule 
allowing currently-licensed DBS feeder link earth stations to continue 
operations under the terms of their current licenses, and to expand 
their facilities provided that new antennas are constructed within one 
kilometer of current antennas and the aggregate power-flux density of 
the station at any point does not increase.
    We adopt a methodology for determining a coordination zone for new 
DBS feeder-link earth stations, and require applicants for new DBS 
feeder-link earth stations to coordinate with BSS licensees to achieve 
agreement on interference mitigation. We adopt rules specifying the 
information applicants for new DBS feeder-link earth stations must 
provide for the purposes of coordination.

Paperwork Reduction Act

    This document contains new and modified information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. It will be submitted to the Office of Management and 
Budget (OMB) for review under section 3507(d) of the PRA. OMB, the 
general public, and other Federal agencies will be invited to comment 
on the new or modified information collection requirements contained in 
this proceeding in a separate Federal Register notice.
    Pursuant to the Small Business Paperwork Relief Act of 2002, Public 
Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific 
comment on how the Commission might further reduce the information 
collection burden for small business concerns with fewer than 25 
employees. We received no comments on this issue. We have assessed the 
effects of the revisions adopted that might impose information 
collection burdens on small business concerns, and find that the impact 
on businesses with fewer than 25 employees will be an overall reduction 
in burden.

Congressional Review Act

    The Commission will send copies of this Report and Order to 
Congress and the General Accountability Office pursuant to the 
Congressional Review Act, 5 U.S.C. 801(a)(1)(A), and will send a copy 
including the final regulatory flexibility act analysis to the Chief 
Counsel for Advocacy of the Small Business Administration, in 
accordance with section 603(a) of the Regulatory Flexibility Act, 5 
U.S.C. 601, et seq. (1981).

Final Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) was incorporated in the Further 
Notice of Proposed Rulemaking in the Matter of Comprehensive Review of 
Licensing and Operating Rules for Satellite Services. The Commission 
sought written public comment on the proposals in the NPRM, including 
comment on the IRFA. No comments were received on the IRFA. This Final 
Regulatory Flexibility Analysis (FRFA) conforms to the RFA.

Need for, and Objectives of, the Rules

    The objective of the Report and Order is to adopt processing and 
service rules for the 17/24 GHz Broadcasting-Satellite Service (BSS) 
which will address potential interference scenarios which arise in the 
reverse band operating environment. The rules will mitigate against 
ground path interference. Specifically, we adopt criteria to facilitate 
sharing in the 17 GHz bands by BSS and Direct Broadcast Satellite (DBS) 
services. These new rules will introduce a new generation of broadband 
services to the public, providing a mix of local and domestic video, 
audio, data, video-on-demand, and multimedia services to consumers

[[Page 37028]]

in the United States. In some cases, these new BSS services will 
complement existing DBS services. By these actions, we facilitate the 
introduction of new and innovative services to consumers in the United 
States and promote increased competition among satellite and 
terrestrial services.

Summary of Significant Issues Raised by Public Comments in Response to 
the IRFA

    No party filing comments in this proceeding responded to the IRFA, 
and no party filing comments in this proceeding otherwise argued that 
the policies and rules proposed in this proceeding would have a 
significant economic impact on a substantial number of small entities. 
The Commission has, nonetheless, considered any potential significant 
economic impact that the rule changes may have on the small entities 
which are impacted. On balance, the Commission believes that the 
economic impact on small entities will be negligible.

Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    Pursuant to the Small Business Jobs Act of 2010, the Commission is 
required to respond to any comments filed by the Chief Counsel for 
Advocacy of the Small Business Administration, and to provide a 
detailed statement of any change made to the proposed rules as a result 
of those comments. The Chief Counsel did not file any comments in 
response to the proposed rules in this proceeding.

Description and Estimate of the Number of Small Entities to Which the 
Rules May Apply

    The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the rules adopted herein. The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A small business concern is one which: (1) Is independently owned 
and operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the Small Business 
Administration (SBA). Below, we further describe and estimate the 
number of small entity licensees that may be affected by the adopted 
rules.
    Satellite Telecommunications. The SBA has developed a small 
business size standard for the two broad census categories of 
``Satellite Telecommunications'' and ``Other Telecommunications.'' 
Under both categories, a business is considered small if it has $13.5 
million or less in annual receipts. The category of Satellite 
Telecommunications ``comprises establishments primarily engaged in 
providing point-to-point telecommunications services to other 
establishments in the telecommunications and broadcasting industries by 
forwarding and receiving communications signals via a system of 
satellites or reselling satellite telecommunications.'' For this 
category, Census Bureau data for 2007 show that there were a total of 
512 satellite communications firms that operated for the entire year. 
Of this total, 307 firms had annual receipts of under $10 million per 
firm, and 26 firms had receipts of $10 million to $24,999,999 per firm. 
Consequently, we estimate that the majority of Satellite 
Telecommunications firms are small entities that might be affected by 
our action.
    The category of Other Telecommunications ``comprises establishments 
primarily engaged in (1) providing specialized telecommunications 
applications, such as satellite tracking, communications telemetry, and 
radar station operations; or (2) providing satellite terminal stations 
and associated facilities operationally connected with one or more 
terrestrial communications systems and capable of transmitting 
telecommunications to or receiving telecommunications from satellite 
systems.'' For this category, Census Bureau data for 2007 show that 
there were a total of 2,383 firms that operated for the entire year. Of 
this total, 482 firms had annual receipts of under $25 million. 
Consequently, we estimate that the majority of Other Telecommunications 
firms are small entities that might be affected by our action.
    Space Stations (Geostationary). Commission records reveal that 
there are 44 space station licensees. We do not request or collect 
annual revenue information concerning such licensees, and thus are 
unable to estimate the number of geostationary space station licensees 
that would constitute a small business under the SBA definition cited 
above, or apply any rules providing special consideration for 
geostationary space station licensees that are small businesses.
    17 GHz Transmitting Earth Stations. Currently there are 
approximately 47 operational earth stations in the 17.3-17.7 GHz bands. 
The Commission does not request or collect annual revenue information, 
and thus is unable to estimate the number of earth stations that would 
constitute a small business under the SBA definition.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements for Small Entities

    Under the Commission's existing rules, all requests for space 
station authorizations are required to be in the form of a 
comprehensive proposal submitted on the relevant FCC forms. Similarly, 
to obtain an earth station authorization, applicants must file the 
appropriate forms as required by the Commission's rules. In addition to 
our existing requirements, in this Third Report and Order we adopt 
certain specific requirements for 17/24 GHz BSS earth and space station 
applications.
    Earth Station Applications. Applications for feeder-link earth 
stations operating in the 17.3-17.8 GHz band (Earth-to-space) and 
providing service to geostationary satellites in the 17/24 GHz BSS must 
include, for each new or modified earth station, a certificate of 
coordination agreement with any holder of a blanket license for BSS 
receive earth terminals located within a coordination distance of the 
feeder-link earth station established by ITU rules.
    The Commission does not expect significant costs to be associated 
with these rules. Therefore, we do not anticipate that the burden of 
compliance would be greater for smaller entities.

Steps Taken To Minimize Significant Economic Impact on Small Entities, 
and Significant Alternatives Considered

    The RFA requires that, to the extent consistent with the objectives 
of applicable statutes, the analysis shall discuss significant 
alternatives such as: (1) The establishment of differing compliance or 
reporting requirements or timetables that take into account the 
resources available to small entities; (2) the clarification, 
consolidation, or simplification of compliance and reporting 
requirements under the rule for small entities; (3) the use of 
performance, rather than design, standards; and (4) an exemption from 
coverage of the rule, or any part thereof, for small entities.\1\
---------------------------------------------------------------------------

    \1\ 5 U.S.C. 603(c)(1), (c)(4).
---------------------------------------------------------------------------

    The rules adopted herein are necessary to protect 17/24 GHz BSS

[[Page 37029]]

subscribers from DBS feeder links (ground-path interference). These 
rules will enable the efficient operation of the 17/24 GHz BSS, which 
is expected to introduce a new generation of broadband services to the 
public, and ensure that consumers enjoy the continued uninterrupted 
operation of DBS.
    The technical rules adopted here are the least intrusive option 
considered in terms of compliance requirements and will be the most 
effective in terms of facilitating the licensing of operations in the 
17/24 GHz BSS without causing harmful interference to other authorized 
radiocommunication services. We have considered alternatives, including 
subjecting existing DBS uplink facilities to new interference-
mitigation requirements and establishing protection zones for existing 
DBS uplink facilities, and believe the rules as adopted provide the 
most equitable solution to the potential interference problems posed by 
the operations in 17/24 GHz BSS. By requiring that technical showings 
be made prior to operation, we anticipate that there will be far fewer 
instances of harmful interference between these two services. This will 
have a positive economic impact on all satellite space station and 
earth station licensees, including small entities.

Incorporation by Reference

    This final rule incorporates by reference an element of the ITU 
Radio Regulations, Edition of 2012, into part 25 for specific purposes:
    ITU Radio Regulations, Appendix 7, ``Methods for determination of 
the coordination area around an earth station in frequency bands 
between 100 MHz and 105 GHz,'' Section 3, ``Horizon antenna gain for a 
receiving earth station with respect to a transmitting earth station,'' 
Table 9b.
    This material is available for free download at http://www.itu.int/pub/R-REG-RR-2012. In addition, copies of all of the materials are 
available for purchase from the ITU through the contact information 
provided in Sec.  25.108, and are available for public inspection at 
the Commission address noted in the rule as well.
    Appendix 7, Section 3 establishes the methodology and values for 
determining coordination areas between transmitting earth stations and 
receiving earth stations in the satellite services. The Sec.  25.203(m) 
requires applicants for new DBS feeder-link earth stations to use the 
values in Table 9b, as amended by Sec.  25.203(m), to determine the 
area within which they must coordinate with BSS licensees.

Ordering Clauses

    It is ordered that, pursuant to the authority contained in sections 
1, 4(i), 4(j), 7(a), 301, 303(c), 303(f), 303(g), 303(r), 303(y), and 
308 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 
154(i), 154(j), 157(a), 301, 303(c), 303(f), 303(g), 303(r), 303(y), 
308, this Third Report and Order is adopted.
    It is further ordered that part 25 of the Commission's rules, 47 
CFR 25 is amended.
    It is further ordered that this Third Report and Order shall be 
effective September 7, 2017, except the amendments to Sec. Sec.  25.108 
and 25.203, 47 CFR 25.108 and 25.203, which contain new or modified 
information collection requirements that require approval by the Office 
of Management and Budget under the Paperwork Reduction Act, will become 
effective after the Commission publishes a notice in the Federal 
Register announcing such approval and the relevant effective date.
    It is further ordered that, pursuant to section 801(a)(1)(A) of the 
Congressional Review Act, 5 U.S.C. 801(a)(1)(A), the Commission shall 
send a copy of this Report and Order to Congress and to the Government 
Accountability Office.
    It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Third Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.

List of Subjects in 47 CFR Part 25

    Administrative practice and procedure, Earth stations, 
Incorporation by reference, Satellites.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

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

PART 25--SATELLITE COMMUNICATIONS

0
1. The authority citation for part 25 is revised to read as follows:

    Authority:  Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309, 310, 319, 332, 605, and 721, unless otherwise noted.

0
2. Amend Sec.  25.108 by redesignating paragraphs (b)(2) through (5) as 
paragraphs (b)(3) through (6) and by adding new paragraph (b)(2) to 
read as follows:


Sec.  25.108  Incorporation by reference.

* * * * *
    (b) * * *
    (2) ITU Radio Regulations, Volume 2: Appendices, Appendix 7, 
``Methods for the determination of the coordination areas around an 
earth station in the frequency bands between 100 MHz and 105 GHz,'' 
Edition of 2012, http://www.itu.int/pub/R-REG-RR-2012. Incorporation by 
reference approved for Sec.  25.203(m).
* * * * *

0
4. Amend Sec.  25.203 by adding paragraph (m) to read as follows:


Sec.  25.203  Choice of sites and frequencies.

* * * * *
    (m) Feeder links to DBS space stations:
    (1) Each applicant for a license to construct a new FSS earth 
station to provide feeder-link service to DBS space stations in the 
frequency band 17.3-17.8 GHz, or to modify any such station currently 
authorized except where the modification is for a new station within 
one kilometer of a currently-licensed earth station and modification 
will not increase the aggregate pfd, measured at any point 3-10 meters 
above the ground, above that generated by the current earth station, 
shall identify a coordination zone around its proposed new or modified 
earth station by the methodology outlined in Annex 3 of Appendix 7 of 
the ITU Radio Regulations, using the following values for the 
parameters in Table 9b of Annex 7 of Appendix 7:

[[Page 37030]]



----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Space service designation in which                                  Fixed-satellite
 the transmitting earth station
 operates.
----------------------------------------------------------------------------------------------------------------
Frequency bands (GHz)................                                  17.3-17.8
----------------------------------------------------------------------------------------------------------------
Space service designation in which                               Broadcasting-satellite
 the receiving earth station operates.
----------------------------------------------------------------------------------------------------------------
Orbit................................                                     GSO
----------------------------------------------------------------------------------------------------------------
Modulation at receiving earth station                                  N (digital)
----------------------------------------------------------------------------------------------------------------
Receiving earth station interference
 parameters and criteria:
    p0 (%)...........................                                    0.015
----------------------------------------------------------------------------------------------------------------
    n................................                                      2
----------------------------------------------------------------------------------------------------------------
    p (%)............................                                    0.015
----------------------------------------------------------------------------------------------------------------
    NL(dB)...........................                                      1
----------------------------------------------------------------------------------------------------------------
    Ms (dB)..........................  In the area specified    In the area specified    In the area specified
                                        in 47 CFR Sec.           in 47 CFR Sec.           in 47 CFR Sec.
                                        25.209(w)(1) and (4).    25.209(w)(2).            25.209(w)(3).
                                       4.8....................  3.0....................  1.8.
----------------------------------------------------------------------------------------------------------------
    W (dB)...........................                                      4
----------------------------------------------------------------------------------------------------------------
Receiving earth station parameters:
    Gm (dBi).........................                                      36
----------------------------------------------------------------------------------------------------------------
    Gr...............................                                      0
----------------------------------------------------------------------------------------------------------------
    emin.............................                                   20[deg]
----------------------------------------------------------------------------------------------------------------
    Te (K)...........................                                     150
----------------------------------------------------------------------------------------------------------------
Reference bandwidth:
    B (Hz)...........................                                     106
----------------------------------------------------------------------------------------------------------------
Permissible interference power: Pr(p)  -146.8.................  -149.8.................  -152.8.
 (dBW) in B
----------------------------------------------------------------------------------------------------------------

    (2) Each applicant for such new or modified feeder-link earth 
station shall provide the following information to a third-party 
coordinator of its choice for use in coordination required by this 
paragraph:
    (i) The geographical coordinates of the proposed earth station 
antenna(s);
    (ii) Proposed operating frequency band(s) and emission(s);
    (iii) Antenna diameter (meters);
    (iv) Antenna center height above ground and ground elevation above 
mean sea level;
    (v) Antenna gain pattern(s) in the plane of the main beam;
    (vi) Longitude range of geostationary satellite orbit (GSO) 
satellites at which an antenna may be pointed;
    (vii) Horizon elevation plot;
    (viii) Antenna horizon gain plot(s) determined in accordance with 
the procedure in Section 2.1 of Annex 5 to Appendix 7 of the ITU Radio 
Regulations;
    (ix) Minimum elevation angle;
    (x) Maximum equivalent isotropically radiated power (e.i.r.p.) 
density in the main beam in any 1 MHz band;
    (xi) Maximum available RF transmit power density in any 1 MHz band 
at the input terminals of the antenna(s);
    (xii) A plot of the coordination distance contour(s) and rain 
scatter coordination distance contour(s) as determined by Table 2 of 
Section 3 to Appendix 7 of the ITU Radio Regulations.
    (3) Each applicant for such new or modified feeder-link earth 
stations shall file with its application memoranda of coordination with 
each licensee authorized to construct BSS receive earth stations within 
the coordination zone.

[FR Doc. 2017-16662 Filed 8-7-17; 8:45 am]
 BILLING CODE 6712-01-P



                                                                    Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations                                            37027

                                                                      EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
                                                                                 Applicable geographic          State submittal
                                                    Name of SIP provision                                                              EPA approval date                          Comments
                                                                                 or nonattainment area               date


                                                            *                      *                   *                           *                     *                     *                    *
                                                  Fine Particulate Matter       Franklin County, Logan             12/19/2012;    8/8/2017, [Insert Fed-       Approved: moderate area attainment dem-
                                                    Attainment Plan.              UT–ID PM2.5 Non-                 12/24/2014        eral Register cita-         onstration and 2014 reasonable further
                                                                                  attainment Area.                                   tion].                      progress motor vehicle emissions budgets.
                                                                                                                                                                 Conditional Approval: reasonable further
                                                                                                                                                                 progress, quantitative milestone, motor vehi-
                                                                                                                                                                 cle emission budget requirements.



                                                  [FR Doc. 2017–16614 Filed 8–7–17; 8:45 am]              & Governmental Affairs Bureau at 202–                 adopted that might impose information
                                                  BILLING CODE 6560–50–P                                  418–0530 (voice), 202–418–0432 (TTY).                 collection burdens on small business
                                                                                                                                                                concerns, and find that the impact on
                                                                                                          Synopsis
                                                                                                                                                                businesses with fewer than 25
                                                  FEDERAL COMMUNICATIONS                                     This Report and Order adopts new                   employees will be an overall reduction
                                                  COMMISSION                                              rules to mitigate interference from DBS               in burden.
                                                                                                          feeder-link earth stations to BSS
                                                                                                          consumer earth terminals (ground path                 Congressional Review Act
                                                  47 CFR Part 25
                                                                                                          interference) in the 17.3–17.8 GHz band.                 The Commission will send copies of
                                                  [IB Docket No. 06–123, FCC 17–49]                       We adopt a rule allowing currently-                   this Report and Order to Congress and
                                                                                                          licensed DBS feeder link earth stations               the General Accountability Office
                                                  Establishment of Policies and Service
                                                                                                          to continue operations under the terms                pursuant to the Congressional Review
                                                  Rules for the Broadcasting-Satellite
                                                                                                          of their current licenses, and to expand              Act, 5 U.S.C. 801(a)(1)(A), and will send
                                                  Service at the 17.3–17.8 GHz and the
                                                                                                          their facilities provided that new                    a copy including the final regulatory
                                                  24.75–25.25 GHz Frequency Bands for
                                                                                                          antennas are constructed within one                   flexibility act analysis to the Chief
                                                  Feeder Links to the Broadcasting-                       kilometer of current antennas and the                 Counsel for Advocacy of the Small
                                                  Satellite Service and for Satellite                     aggregate power-flux density of the                   Business Administration, in accordance
                                                  Services Operating Bi-Directionally                     station at any point does not increase.               with section 603(a) of the Regulatory
                                                  AGENCY:  Federal Communications                            We adopt a methodology for                         Flexibility Act, 5 U.S.C. 601, et seq.
                                                  Commission.                                             determining a coordination zone for                   (1981).
                                                  ACTION: Final rule.                                     new DBS feeder-link earth stations, and
                                                                                                          require applicants for new DBS feeder-                Final Regulatory Flexibility Analysis
                                                  SUMMARY:   The Federal Communications                   link earth stations to coordinate with                  As required by the Regulatory
                                                  Commission adopts technical rules to                    BSS licensees to achieve agreement on                 Flexibility Act (RFA), an Initial
                                                  mitigate ground-path interference                       interference mitigation. We adopt rules               Regulatory Flexibility Analysis (IRFA)
                                                  between the Digital Broadcasting                        specifying the information applicants                 was incorporated in the Further Notice
                                                  Satellite Service (DBS) and the                         for new DBS feeder-link earth stations                of Proposed Rulemaking in the Matter of
                                                  Broadcasting-Satellite Service (BSS) in                 must provide for the purposes of                      Comprehensive Review of Licensing
                                                  the 17.3–17.8 GHz band to protect                       coordination.                                         and Operating Rules for Satellite
                                                  consumers and foster more rapid                                                                               Services. The Commission sought
                                                                                                          Paperwork Reduction Act                               written public comment on the
                                                  deployment of services, greater
                                                  investment, and new innovation.                           This document contains new and                      proposals in the NPRM, including
                                                                                                          modified information collection                       comment on the IRFA. No comments
                                                  DATES: Effective September 7, 2017.
                                                                                                          requirements subject to the Paperwork                 were received on the IRFA. This Final
                                                  FOR FURTHER INFORMATION CONTACT:                        Reduction Act of 1995 (PRA), Public                   Regulatory Flexibility Analysis (FRFA)
                                                  Sean O’More, 202–418–2453, or if                        Law 104–13. It will be submitted to the               conforms to the RFA.
                                                  concerning the information collections                  Office of Management and Budget
                                                  in this document, Cathy Williams, 202–                  (OMB) for review under section 3507(d)                Need for, and Objectives of, the Rules
                                                  418–2918.                                               of the PRA. OMB, the general public,                     The objective of the Report and Order
                                                  SUPPLEMENTARY INFORMATION: This is a                    and other Federal agencies will be                    is to adopt processing and service rules
                                                  summary of the Commission’s Third                       invited to comment on the new or                      for the 17/24 GHz Broadcasting-Satellite
                                                  Report and Order, FCC 17–49, adopted                    modified information collection                       Service (BSS) which will address
                                                  April 21, 2017, and released April 25,                  requirements contained in this                        potential interference scenarios which
                                                  2017. The full text of the Report and                   proceeding in a separate Federal                      arise in the reverse band operating
                                                  Order is available at https://                          Register notice.                                      environment. The rules will mitigate
                                                  apps.fcc.gov/edocs_public/attachmatch/                    Pursuant to the Small Business                      against ground path interference.
                                                  FCC-17-49A1.pdf. It also are available                  Paperwork Relief Act of 2002, Public                  Specifically, we adopt criteria to
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  for inspection and copying during                       Law 107–198, see 44 U.S.C. 3506(c)(4),                facilitate sharing in the 17 GHz bands by
                                                  business hours in the FCC Reference                     we previously sought specific comment                 BSS and Direct Broadcast Satellite
                                                  Information Center, Portals II, 445 12th                on how the Commission might further                   (DBS) services. These new rules will
                                                  Street SW., Room CY–A257,                               reduce the information collection                     introduce a new generation of
                                                  Washington, DC 20554. To request                        burden for small business concerns with               broadband services to the public,
                                                  materials in accessible formats for                     fewer than 25 employees. We received                  providing a mix of local and domestic
                                                  people with disabilities, send an email                 no comments on this issue. We have                    video, audio, data, video-on-demand,
                                                  to FCC504@fcc.gov or call the Consumer                  assessed the effects of the revisions                 and multimedia services to consumers


                                             VerDate Sep<11>2014   16:34 Aug 07, 2017   Jkt 241001   PO 00000   Frm 00037   Fmt 4700   Sfmt 4700   E:\FR\FM\08AUR1.SGM   08AUR1


                                                  37028             Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations

                                                  in the United States. In some cases,                       Satellite Telecommunications. The                    17 GHz Transmitting Earth Stations.
                                                  these new BSS services will                             SBA has developed a small business                    Currently there are approximately 47
                                                  complement existing DBS services. By                    size standard for the two broad census                operational earth stations in the 17.3–
                                                  these actions, we facilitate the                        categories of ‘‘Satellite                             17.7 GHz bands. The Commission does
                                                  introduction of new and innovative                      Telecommunications’’ and ‘‘Other                      not request or collect annual revenue
                                                  services to consumers in the United                     Telecommunications.’’ Under both                      information, and thus is unable to
                                                  States and promote increased                            categories, a business is considered                  estimate the number of earth stations
                                                  competition among satellite and                         small if it has $13.5 million or less in              that would constitute a small business
                                                  terrestrial services.                                   annual receipts. The category of                      under the SBA definition.
                                                  Summary of Significant Issues Raised by                 Satellite Telecommunications                          Description of Projected Reporting,
                                                  Public Comments in Response to the                      ‘‘comprises establishments primarily                  Recordkeeping, and Other Compliance
                                                  IRFA                                                    engaged in providing point-to-point                   Requirements for Small Entities
                                                                                                          telecommunications services to other
                                                    No party filing comments in this                      establishments in the                                   Under the Commission’s existing
                                                  proceeding responded to the IRFA, and                   telecommunications and broadcasting                   rules, all requests for space station
                                                  no party filing comments in this                        industries by forwarding and receiving                authorizations are required to be in the
                                                  proceeding otherwise argued that the                    communications signals via a system of                form of a comprehensive proposal
                                                  policies and rules proposed in this                     satellites or reselling satellite                     submitted on the relevant FCC forms.
                                                  proceeding would have a significant                     telecommunications.’’ For this category,              Similarly, to obtain an earth station
                                                  economic impact on a substantial                        Census Bureau data for 2007 show that                 authorization, applicants must file the
                                                  number of small entities. The                           there were a total of 512 satellite                   appropriate forms as required by the
                                                  Commission has, nonetheless,                            communications firms that operated for                Commission’s rules. In addition to our
                                                  considered any potential significant                    the entire year. Of this total, 307 firms             existing requirements, in this Third
                                                  economic impact that the rule changes                   had annual receipts of under $10                      Report and Order we adopt certain
                                                  may have on the small entities which                    million per firm, and 26 firms had                    specific requirements for 17/24 GHz
                                                  are impacted. On balance, the                           receipts of $10 million to $24,999,999                BSS earth and space station
                                                  Commission believes that the economic                   per firm. Consequently, we estimate that              applications.
                                                  impact on small entities will be                        the majority of Satellite                               Earth Station Applications.
                                                  negligible.                                             Telecommunications firms are small                    Applications for feeder-link earth
                                                                                                          entities that might be affected by our                stations operating in the 17.3–17.8 GHz
                                                  Response to Comments by the Chief
                                                                                                          action.                                               band (Earth-to-space) and providing
                                                  Counsel for Advocacy of the Small
                                                                                                                                                                service to geostationary satellites in the
                                                  Business Administration                                    The category of Other
                                                                                                                                                                17/24 GHz BSS must include, for each
                                                     Pursuant to the Small Business Jobs                  Telecommunications ‘‘comprises
                                                                                                                                                                new or modified earth station, a
                                                  Act of 2010, the Commission is required                 establishments primarily engaged in (1)
                                                                                                                                                                certificate of coordination agreement
                                                  to respond to any comments filed by the                 providing specialized
                                                                                                                                                                with any holder of a blanket license for
                                                  Chief Counsel for Advocacy of the Small                 telecommunications applications, such
                                                                                                                                                                BSS receive earth terminals located
                                                  Business Administration, and to provide                 as satellite tracking, communications
                                                                                                                                                                within a coordination distance of the
                                                  a detailed statement of any change made                 telemetry, and radar station operations;
                                                                                                                                                                feeder-link earth station established by
                                                  to the proposed rules as a result of those              or (2) providing satellite terminal
                                                                                                                                                                ITU rules.
                                                  comments. The Chief Counsel did not                     stations and associated facilities                      The Commission does not expect
                                                  file any comments in response to the                    operationally connected with one or                   significant costs to be associated with
                                                  proposed rules in this proceeding.                      more terrestrial communications                       these rules. Therefore, we do not
                                                                                                          systems and capable of transmitting                   anticipate that the burden of compliance
                                                  Description and Estimate of the Number                  telecommunications to or receiving
                                                  of Small Entities to Which the Rules                                                                          would be greater for smaller entities.
                                                                                                          telecommunications from satellite
                                                  May Apply                                               systems.’’ For this category, Census                  Steps Taken To Minimize Significant
                                                     The RFA directs agencies to provide                  Bureau data for 2007 show that there                  Economic Impact on Small Entities, and
                                                  a description of and, where feasible, an                were a total of 2,383 firms that operated             Significant Alternatives Considered
                                                  estimate of the number of small entities                for the entire year. Of this total, 482                 The RFA requires that, to the extent
                                                  that may be affected by the rules                       firms had annual receipts of under $25                consistent with the objectives of
                                                  adopted herein. The RFA generally                       million. Consequently, we estimate that               applicable statutes, the analysis shall
                                                  defines the term ‘‘small entity’’ as                    the majority of Other                                 discuss significant alternatives such as:
                                                  having the same meaning as the terms                    Telecommunications firms are small                    (1) The establishment of differing
                                                  ‘‘small business,’’ ‘‘small organization,’’             entities that might be affected by our                compliance or reporting requirements or
                                                  and ‘‘small governmental jurisdiction.’’                action.                                               timetables that take into account the
                                                  In addition, the term ‘‘small business’’                   Space Stations (Geostationary).                    resources available to small entities; (2)
                                                  has the same meaning as the term                        Commission records reveal that there                  the clarification, consolidation, or
                                                  ‘‘small business concern’’ under the                    are 44 space station licensees. We do                 simplification of compliance and
                                                  Small Business Act. A small business                    not request or collect annual revenue                 reporting requirements under the rule
                                                  concern is one which: (1) Is                            information concerning such licensees,                for small entities; (3) the use of
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  independently owned and operated; (2)                   and thus are unable to estimate the                   performance, rather than design,
                                                  is not dominant in its field of operation;              number of geostationary space station                 standards; and (4) an exemption from
                                                  and (3) satisfies any additional criteria               licensees that would constitute a small               coverage of the rule, or any part thereof,
                                                  established by the Small Business                       business under the SBA definition cited               for small entities.1
                                                  Administration (SBA). Below, we                         above, or apply any rules providing                     The rules adopted herein are
                                                  further describe and estimate the                       special consideration for geostationary               necessary to protect 17/24 GHz BSS
                                                  number of small entity licensees that                   space station licensees that are small
                                                  may be affected by the adopted rules.                   businesses.                                             15   U.S.C. 603(c)(1), (c)(4).



                                             VerDate Sep<11>2014   16:34 Aug 07, 2017   Jkt 241001   PO 00000   Frm 00038   Fmt 4700   Sfmt 4700   E:\FR\FM\08AUR1.SGM    08AUR1


                                                                    Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations                                            37029

                                                  subscribers from DBS feeder links                       stations in the satellite services. The               Commission amends 47 CFR part 25 as
                                                  (ground-path interference). These rules                 § 25.203(m) requires applicants for new               follows:
                                                  will enable the efficient operation of the              DBS feeder-link earth stations to use the
                                                  17/24 GHz BSS, which is expected to                     values in Table 9b, as amended by                     PART 25—SATELLITE
                                                  introduce a new generation of                           § 25.203(m), to determine the area                    COMMUNICATIONS
                                                  broadband services to the public, and                   within which they must coordinate with
                                                  ensure that consumers enjoy the                         BSS licensees.                                        ■ 1. The authority citation for part 25 is
                                                  continued uninterrupted operation of                                                                          revised to read as follows:
                                                                                                          Ordering Clauses
                                                  DBS.
                                                                                                             It is ordered that, pursuant to the                  Authority: Interprets or applies 47 U.S.C.
                                                     The technical rules adopted here are
                                                                                                          authority contained in sections 1, 4(i),              154, 301, 302, 303, 307, 309, 310, 319, 332,
                                                  the least intrusive option considered in
                                                                                                          4(j), 7(a), 301, 303(c), 303(f), 303(g),              605, and 721, unless otherwise noted.
                                                  terms of compliance requirements and
                                                  will be the most effective in terms of                  303(r), 303(y), and 308 of the                        ■ 2. Amend § 25.108 by redesignating
                                                  facilitating the licensing of operations in             Communications Act of 1934, as                        paragraphs (b)(2) through (5) as
                                                  the 17/24 GHz BSS without causing                       amended, 47 U.S.C. 151, 154(i), 154(j),               paragraphs (b)(3) through (6) and by
                                                  harmful interference to other authorized                157(a), 301, 303(c), 303(f), 303(g), 303(r),          adding new paragraph (b)(2) to read as
                                                  radiocommunication services. We have                    303(y), 308, this Third Report and Order              follows:
                                                  considered alternatives, including                      is adopted.
                                                  subjecting existing DBS uplink facilities                  It is further ordered that part 25 of the          § 25.108   Incorporation by reference.
                                                  to new interference-mitigation                          Commission’s rules, 47 CFR 25 is                      *      *    *    *    *
                                                  requirements and establishing                           amended.
                                                                                                             It is further ordered that this Third                 (b) * * *
                                                  protection zones for existing DBS uplink
                                                  facilities, and believe the rules as                    Report and Order shall be effective                      (2) ITU Radio Regulations, Volume 2:
                                                  adopted provide the most equitable                      September 7, 2017, except the                         Appendices, Appendix 7, ‘‘Methods for
                                                  solution to the potential interference                  amendments to §§ 25.108 and 25.203, 47                the determination of the coordination
                                                  problems posed by the operations in 17/                 CFR 25.108 and 25.203, which contain                  areas around an earth station in the
                                                  24 GHz BSS. By requiring that technical                 new or modified information collection                frequency bands between 100 MHz and
                                                  showings be made prior to operation,                    requirements that require approval by                 105 GHz,’’ Edition of 2012, http://
                                                  we anticipate that there will be far fewer              the Office of Management and Budget                   www.itu.int/pub/R-REG-RR-2012.
                                                  instances of harmful interference                       under the Paperwork Reduction Act,                    Incorporation by reference approved for
                                                  between these two services. This will                   will become effective after the                       § 25.203(m).
                                                  have a positive economic impact on all                  Commission publishes a notice in the
                                                                                                                                                                *      *    *    *    *
                                                  satellite space station and earth station               Federal Register announcing such
                                                  licensees, including small entities.                    approval and the relevant effective date.             ■ 4. Amend § 25.203 by adding
                                                                                                             It is further ordered that, pursuant to            paragraph (m) to read as follows:
                                                  Incorporation by Reference                              section 801(a)(1)(A) of the Congressional
                                                    This final rule incorporates by                       Review Act, 5 U.S.C. 801(a)(1)(A), the                § 25.203   Choice of sites and frequencies.
                                                  reference an element of the ITU Radio                   Commission shall send a copy of this                  *     *     *     *     *
                                                  Regulations, Edition of 2012, into part                 Report and Order to Congress and to the
                                                                                                                                                                  (m) Feeder links to DBS space
                                                  25 for specific purposes:                               Government Accountability Office.
                                                                                                             It is further ordered that the                     stations:
                                                    ITU Radio Regulations, Appendix 7,
                                                  ‘‘Methods for determination of the                      Commission’s Consumer and                               (1) Each applicant for a license to
                                                  coordination area around an earth                       Governmental Affairs Bureau, Reference                construct a new FSS earth station to
                                                  station in frequency bands between 100                  Information Center, shall send a copy of              provide feeder-link service to DBS space
                                                  MHz and 105 GHz,’’ Section 3, ‘‘Horizon                 this Third Report and Order, including                stations in the frequency band 17.3–17.8
                                                  antenna gain for a receiving earth                      the Final Regulatory Flexibility                      GHz, or to modify any such station
                                                  station with respect to a transmitting                  Analysis, to the Chief Counsel for                    currently authorized except where the
                                                  earth station,’’ Table 9b.                              Advocacy of the Small Business                        modification is for a new station within
                                                    This material is available for free                   Administration.                                       one kilometer of a currently-licensed
                                                  download at http://www.itu.int/pub/R-                   List of Subjects in 47 CFR Part 25                    earth station and modification will not
                                                  REG-RR-2012. In addition, copies of all                                                                       increase the aggregate pfd, measured at
                                                  of the materials are available for                        Administrative practice and                         any point 3–10 meters above the
                                                  purchase from the ITU through the                       procedure, Earth stations, Incorporation              ground, above that generated by the
                                                  contact information provided in                         by reference, Satellites.                             current earth station, shall identify a
                                                  § 25.108, and are available for public                  Federal Communications Commission.                    coordination zone around its proposed
                                                  inspection at the Commission address                    Marlene H. Dortch,                                    new or modified earth station by the
                                                  noted in the rule as well.                              Secretary.                                            methodology outlined in Annex 3 of
                                                    Appendix 7, Section 3 establishes the                                                                       Appendix 7 of the ITU Radio
                                                  methodology and values for determining                  Final Rules                                           Regulations, using the following values
                                                  coordination areas between transmitting                   For the reasons discussed in the                    for the parameters in Table 9b of Annex
                                                  earth stations and receiving earth                      preamble, the Federal Communications                  7 of Appendix 7:
asabaliauskas on DSKBBXCHB2PROD with RULES




                                             VerDate Sep<11>2014   16:34 Aug 07, 2017   Jkt 241001   PO 00000   Frm 00039   Fmt 4700   Sfmt 4700   E:\FR\FM\08AUR1.SGM   08AUR1


                                                  37030                    Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations

                                                  Space service designation in which                                                                                              Fixed-satellite
                                                    the transmitting earth station op-
                                                    erates.

                                                  Frequency bands (GHz) ................                                                                                             17.3–17.8

                                                  Space service designation in which                                                                                         Broadcasting-satellite
                                                    the receiving earth station oper-
                                                    ates.

                                                  Orbit ...............................................                                                                                  GSO

                                                  Modulation at receiving earth sta-                                                                                                  N (digital)
                                                   tion.

                                                  Receiving earth station inter-
                                                    ference parameters and criteria:
                                                      p0 (%) ......................................                                                                                      0.015

                                                        n ..............................................                                                                                    2

                                                        p (%) .......................................                                                                                    0.015

                                                        NL(dB) .....................................                                                                                        1

                                                        Ms (dB) ....................................       In the area specified in 47 CFR                         In the area specified in 47 CFR                         In the area specified in 47 CFR
                                                                                                             § 25.209(w)(1) and (4).                                 § 25.209(w)(2).                                         § 25.209(w)(3).
                                                                                                           4.8 .................................................   3.0 .................................................   1.8.

                                                        W (dB) ....................................                                                                                         4

                                                  Receiving earth station param-
                                                    eters:
                                                      Gm (dBi) ..................................                                                                                          36

                                                        Gr ............................................                                                                                     0

                                                        εmin ..........................................                                                                                   20°

                                                        Te (K) ......................................                                                                                     150

                                                  Reference bandwidth:
                                                      B (Hz) .....................................                                                                                        106

                                                  Permissible interference                   power:        ¥146.8 .........................................        ¥149.8 .........................................        ¥152.8.
                                                    Pr(p) (dBW) in B



                                                    (2) Each applicant for such new or                                         (vi) Longitude range of geostationary                                       (xii) A plot of the coordination
                                                  modified feeder-link earth station shall                                   satellite orbit (GSO) satellites at which                                  distance contour(s) and rain scatter
                                                  provide the following information to a                                     an antenna may be pointed;                                                 coordination distance contour(s) as
                                                  third-party coordinator of its choice for                                    (vii) Horizon elevation plot;                                            determined by Table 2 of Section 3 to
                                                  use in coordination required by this                                         (viii) Antenna horizon gain plot(s)                                      Appendix 7 of the ITU Radio
                                                  paragraph:                                                                 determined in accordance with the                                          Regulations.
                                                    (i) The geographical coordinates of the                                  procedure in Section 2.1 of Annex 5 to                                        (3) Each applicant for such new or
                                                  proposed earth station antenna(s);                                         Appendix 7 of the ITU Radio                                                modified feeder-link earth stations shall
                                                    (ii) Proposed operating frequency                                        Regulations;
                                                                                                                                                                                                        file with its application memoranda of
                                                  band(s) and emission(s);                                                     (ix) Minimum elevation angle;
                                                                                                                               (x) Maximum equivalent isotropically                                     coordination with each licensee
                                                    (iii) Antenna diameter (meters);
                                                    (iv) Antenna center height above                                         radiated power (e.i.r.p.) density in the                                   authorized to construct BSS receive
                                                  ground and ground elevation above                                          main beam in any 1 MHz band;                                               earth stations within the coordination
                                                  mean sea level;                                                              (xi) Maximum available RF transmit                                       zone.
                                                    (v) Antenna gain pattern(s) in the                                       power density in any 1 MHz band at the                                     [FR Doc. 2017–16662 Filed 8–7–17; 8:45 am]
                                                  plane of the main beam;                                                    input terminals of the antenna(s);                                         BILLING CODE 6712–01–P
asabaliauskas on DSKBBXCHB2PROD with RULES




                                             VerDate Sep<11>2014         16:34 Aug 07, 2017         Jkt 241001      PO 00000        Frm 00040       Fmt 4700       Sfmt 9990      E:\FR\FM\08AUR1.SGM               08AUR1



Document Created: 2017-08-08 00:17:59
Document Modified: 2017-08-08 00:17:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective September 7, 2017.
ContactSean O'More, 202-418-2453, or if concerning the information collections in this document, Cathy Williams, 202-418-2918.
FR Citation82 FR 37027 
CFR AssociatedAdministrative Practice and Procedure; Earth Stations; Incorporation by Reference and Satellites

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR