[Federal Register Volume 85, Number 143 (Friday, July 24, 2020)]
[Proposed Rules]
[Pages 44818-44821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13784]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 25
[IB Docket Nos. 17-95 and 18-315; FCC 20-66; FRS 16884]
Earth Stations in Motion
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Commission seeks to further develop the
record regarding potential interference from out-of-band emissions of
ESIMs in the 28.35-28.6 GHz band into the adjacent 27.5-28.35 GHz band
used by Upper Microwave Flexible Use
[[Page 44819]]
Service (UMFUS). These actions will promote innovative and flexible use
of satellite technology, as well as provide regulatory equity between
GSO and NGSO FSS systems.
DATES: Comments are due August 24, 2020. Reply comments are due
September 22, 2020.
ADDRESSES: You may submit comments, identified by IB Docket Nos. 17-95
and 18-315, by any of the following methods:
Federal Communications Commission's website: http://apps.fcc.gov/ecfs. Follow the instructions for submitting comments.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Cindy Spiers, 202-418-1593.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Further Notice of Proposed Rulemaking (Further Notice), IB Docket Nos.
17-95 and 18-315, FCC 20-66, adopted on May 13, 2020, and released on
May 14, 2020. The full text of this document is available at https://docs.fcc.gov/public/attachments/FCC-20-66A1.pdf. The full text of this
document is also 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).
Paperwork Reduction Act
This document does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. In addition, therefore, it does not contain
any new or modified information collection burden for small business
concerns with fewer than 25 employees, pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4).
Synopsis
In this Further Notice, we seek to further develop the record
regarding potential interference from out-of-band emissions of ESIMs
\1\ in the 28.35-28.6 GHz band into the adjacent 27.5-28.35 GHz band
used by Upper Microwave Flexible Use Service (UMFUS). These actions
will promote innovative and flexible use of satellite technology, as
well as provide regulatory equity between GSO and NGSO FSS systems.
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\1\ The term ``ESIMs'' is the collective designation for three
types of earth stations that the Commission authorizes to transmit
while in motion: Earth Stations on Vessels (ESVs), Vehicle-Mounted
Earth Stations (VMESs), and Earth Stations Aboard Aircraft (ESAAs)
to communicate with space stations using frequencies allocated to
the fixed satellite service. Broadly stated, Earth Stations on
Vessels refers to earth stations that communicate with a satellite
while located on maritime vessels such as boats, cargo ships or
cruise ships, whereas Vehicle-Mounted Earth Stations and Earth
Stations Aboard Aircraft refer to earth stations that communicate
with satellites while located on land-based vehicles or aircraft,
respectively.
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Further Notice of Proposed Rulemaking
In this Further Notice, we seek further comment on the Commission's
proposal to allow ESIMs to communicate with NGSO FSS space stations in
the 28.35-28.6 GHz band. On May 4, 2020, Verizon and US Cellular filed
an ex parte raising concerns regarding potential interference from out-
of-band emissions of ESIMs in the 28.35-28.6 GHz band into the adjacent
27.5-28.35 GHz band used by UMFUS.\2\ We believe this issue merits
further discussion and expansion of the record. Therefore, we ask
whether the current out-of-band emission limits in Sec. 25.202(f)
would be sufficient to protect UMFUS operations in the 27.5-28.35 GHz
band. We also ask for comments on what level of interference generated
by out-of-band emissions from ESIM operations with NGSO space stations
above 28.35 GHz would be acceptable for UMFUS receivers operating
immediately below 28.35 GHz, while at the same time not unduly
constraining ESIM operations above 28.35 GHz. We seek comment on
whether UMFUS receivers have been designed to account for the
interference environment created by pre-existing operations in adjacent
bands.\3\ We also request comment on whether UMFUS operators are
developing equipment characteristics that make them less susceptible to
unwanted energy generated by adjacent band users, and thus more
compatible with such users.
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\2\ See Verizon May 4 Ex Parte Letter. In response to Verizon's
May 4 Ex Parte Letter, other parties filed ex partes in opposition.
See SES Americom, Inc. and O3b Limited, Inmarsat, Inc., Hughes
Network Systems, LLC, and EchoStar Satellite Services, L.L.C. May 6
Ex Parte Letter; Viasat May 6 Ex Parte Letter.
\3\ Currently, ESIMs can operate with GSO space stations using
the 28.35-28.6 GHz band.
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The out-of-band emissions limit for UMFUS licensees is -13 dBm/MHz
measured either as conductive or total radiated power.\4\ We seek
comment on whether ESIM operations should be required to meet this
limit below 28.35 GHz. Further, given that ESIM operations require
highly directive antennas, should the out-of-band emissions limit be
specified as an EIRP limit?
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\4\ 47 CFR 30.203.
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We seek comment on whether typical ESIM operations meeting the out-
of-band limits in Sec. 25.202(f) produce interference above these
acceptable levels.\5\ We note that the emissions below 28.35 GHz under
the part 25 rule depends on the ESIMs transmit power and channel
bandwidth whereas the UMFUS limit is a set limit.
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\5\ We also note that there is currently an open Commission
proceeding that proposes to replace the out-of-band emissions limits
in Sec. 25.202(f) with those in Recommendation ITU-R SM.1541-6.
Further Streamlining Part 25 Rules Governing Satellite Services,
Notice of Proposed Rulemaking, 33 FCC Rcd 11502, 11507-08, paras.
18-19 (2018).
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Next, if acceptable levels of interference are exceeded what
measures should be taken to ensure out-of-band emissions are
appropriately limited? We seek comment on whether a sufficiently wide
guard band could serve to protect UMFUS receivers. If a guard band
could serve to protect UMFUS receivers, we ask for comment on how wide
this guard band should be. Further, we seek comment on whether a guard
band would be applicable only in certain ESIM operational scenarios
(i.e. VMES, ESAA on the ground, ESV in a port).
Additionally, we seek comment on whether setting a minimum
elevation angle for ESIM operations with NGSO FSS space stations would
be an effective way of achieving the desired balance between protecting
UMFUS operations without over constraining FSS operations above 28.35
GHz. Alternatively, when transmitting to a NGSO FSS space station,
should we limit the ESIM out-of-band EIRP density towards the horizon
or within a certain range of elevation angles?
Finally, we seek comment on whether aggregation of interference,
including that from clutter reflections, should be considered, or is
interference likely to be determined by the strongest (closest)
interfering source. Given that ESIMs and UMFUS transmitters will likely
differ in terms of antenna patterns, heights, and pointing directions,
how would aggregate interference from ESIMs differ from that caused by
adjacent UMFUS licensees? If aggregate interference is a significant
issue, what assumptions
[[Page 44820]]
should be made in modeling aggregate interference for various use cases
of ESIMs?
Ex Parte Procedures. The proceeding this FNPRM initiates shall be
treated as a ``permit-but-disclose'' proceeding in accordance with the
Commission's ex parte rules.\6\ Persons making ex parte presentations
must file a copy of any written presentation or a memorandum
summarizing any oral presentation within two business days after the
presentation (unless a different deadline applicable to the Sunshine
period applies). Persons making oral ex parte presentations are
reminded that memoranda summarizing the presentation must (1) list all
persons attending or otherwise participating in the meeting at which
the ex parte presentation was made, and (2) summarize all data
presented and arguments made during the presentation. If the
presentation consisted in whole or in part of the presentation of data
or arguments already reflected in the presenter's written comments,
memoranda or other filings in the proceeding, the presenter may provide
citations to such data or arguments in his or her prior comments,
memoranda, or other filings (specifying the relevant page and/or
paragraph numbers where such data or arguments can be found) in lieu of
summarizing them in the memorandum. Documents shown or given to
Commission staff during ex parte meetings are deemed to be written ex
parte presentations and must be filed consistent with Sec. 1.1206(b).
In proceedings governed by Sec. 1.49(f) or for which the Commission
has made available a method of electronic filing, written ex parte
presentations and memoranda summarizing oral ex parte presentations,
and all attachments thereto, must be filed through the electronic
comment filing system available for that proceeding, and must be filed
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf).
Participants in this proceeding should familiarize themselves with the
Commission's ex parte rules.
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\6\ 47 CFR 1.1200 et seq.
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Comment Filing Requirements. Pursuant to Sec. Sec. 1.415 and 1.419
of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may
file comments and reply comments on or before the dates indicated on
the first page of this document. Comments may be filed using the
Commission's Electronic Comment Filing System (ECFS). See Electronic
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers. Comments may be filed electronically
using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs.
Paper Filers. Parties who choose to file by paper must
file an original and one copy of each filing. If more than one docket
or rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
Filings can be sent by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express,
and Priority mail must be addressed to 445 12th Street SW, Washington,
DC 20554.
Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to [email protected] or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice) or 202-
418-0432 (TTY).
Initial Regulatory Flexibility Analysis. As required by the
Regulatory Flexibility Act of 1980, as amended, the Commission has
prepared an Initial Regulatory Flexibility Analysis (IRFA) for this
Further Notice, of the possible significant economic impact on small
entities of the policies and rules addressed in this document. Written
public comments are requested on this IRFA. Comments must be identified
as responses to the IRFA and must be filed by the deadlines for
comments on the Notice provided on or before the dates indicated on the
first page of this Notice. The Commission's Consumer and Governmental
Affairs Bureau, Reference Information Center, will send a copy of the
Further Notice, including this IRFA, to the Chief Counsel for Advocacy
of the Small Business Administration.
Initial Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA), the Commission has prepared this present Initial Regulatory
Flexibility Analysis (IRFA) of the possible significant economic impact
on a substantial number of small entities by the policies and rules
proposed in this Further Notice. Written public comments are requested
on this IRFA. Comments must be identified as responses to the IRFA and
must be filed by the deadlines specified in the Notice for comments.
The Commission will send a copy of this Further Notice, including this
IRFA, to the Chief Counsel for Advocacy of the Small Business
Administration (SBA). In addition, the Further Notice and IRFA (or
summaries thereof) will be published in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
The Further Notice of Proposed Rulemaking proposes to further
develop the record to determine the best option to deal with the
potential interference from out-of-band emissions of ESIMs in the
28.35-28.6 GHz band into the adjacent 27.5-28.35 GHz band used by Upper
Microwave Flexible Use Service (UMFUS), generated by ESIM transmissions
to NGSO FSS space stations in frequencies above 28.35 GHz.
B. Legal Basis
The proposed action is authorized under sections 1, 4(i), 301, 303,
307, 308, and 309 of the Communications Act of 1934, as amended, 47
U.S.C. 151, 154(i), 301, 303, 307, 308, and 309.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed 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 adoption of proposed rules. 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
[[Page 44821]]
describe and estimate the number of small entity licensees that may be
affected by adoption of the proposed rules.
Satellite Telecommunications. This category comprises firms
``primarily engaged in providing 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.'' Satellite
telecommunications service providers include satellite and earth
station operators. The category has a small business size standard of
$35 million or less in average annual receipts, under SBA rules. For
this category, U.S. Census Bureau data for 2012 show that there were a
total of 333 firms that operated for the entire year. Of this total,
299 firms had annual receipts of less than $25 million. Consequently,
we estimate that the majority of satellite telecommunications providers
are small entities.
All Other Telecommunications. The ``All Other Telecommunications''
category is comprised of establishments primarily engaged in providing
specialized telecommunications services, such as satellite tracking,
communications telemetry, and radar station operation. This industry
also includes establishments primarily engaged in providing satellite
terminal stations and associated facilities connected with one or more
terrestrial systems and capable of transmitting telecommunications to,
and receiving telecommunications from, satellite systems.
Establishments providing internet services or voice over internet
protocol (VoIP) services via client-supplied telecommunications
connections are also included in this industry. The SBA has developed a
small business size standard for ``All Other Telecommunications'',
which consists of all such firms with annual receipts of $35 million or
less. For this category, U.S. Census Bureau data for 2012 show that
there were 1,442 firms that operated for the entire year. Of those
firms, a total of 1,400 had annual receipts less than $25 million and
15 firms had annual receipts of $25 million to $49, 999,999. Thus, the
Commission estimates that the majority of ``All Other
Telecommunications'' firms potentially affected by our action can be
considered small.
We estimate, however, that some space station applicants applying
under part 25 of the Commission's rules would qualify as small entities
affected by these rule changes. If the Commission were to apply the
bond requirement to amateur and experimental space station licensees,
then additional small entities would be affected by the rule changes.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
The FNPRM proposes to develop the record on the level of
interference generated by out-of-band emissions from ESIM operations
with NGSO space stations above 28.35 GHz that would be acceptable for
UMFUS receivers operating immediately below 28.35 GHz, while at the
same time not unduly constraining FSS operations above 28.35 GHz. This
would protect all users in the various bands and reduce paperwork costs
for such satellite operators by establishing a mutually acceptable
sharing environment.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
The RFA requires an agency to describe any significant,
specifically small business, alternatives that it has considered in
reaching its proposed approach, which may include the following four
alternatives (among others): ``(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 rules for such 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 such small
entities.''
The FNPRM seeks comment on whether setting a minimum elevation
angle for ESIM operations with NGSO FSS space stations would be an
effective way of achieving the desired balance between protecting UMFUS
operations without over constraining FSS operations above 28.35 GHz.
The FNPRM alternatively considers whether, when transmitting to a NGSO
FSS space station, the Commission should limit the ESIM out-of-band
e.i.r.p density towards the horizon or within a certain range of
elevation angles. These changes may reduce the economic and other
impacts for other service providers. However, the Commission invites
comment on these options and any alternatives.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
None.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2020-13784 Filed 7-23-20; 8:45 am]
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