[Federal Register Volume 76, Number 245 (Wednesday, December 21, 2011)]
[Rules and Regulations]
[Pages 79110-79112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32465]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 06-123; FCC 11-93]


Service Rules and Policies for the Broadcasting Satellite Service 
(BSS)

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
the information collection associated with the Commission's Service 
Rules and Policies for the Broadcasting Satellite Service (BSS), Report 
and Order (Second Report and Order). The information collection 
requirements were approved on November 17, 2011 by OMB.

DATES: 47 CFR 25.114(d)(15)(iv), 25.114(d)(18), 25.264(a), (b), (c), 
(d) and (f) are effective on March 15, 2012.

FOR FURTHER INFORMATION CONTACT: Lynne Montgomery, Satellite Division, 
International Bureau, at (202) 418-2229, or email: 
[email protected] [email protected].>

SUPPLEMENTARY INFORMATION: This document announces that, on November 
17, 2011, OMB approved, for a period of three years, the information 
collection requirements contained in 47 CFR 25.114(d)(15)(iv), 
25.114(d)(18), 25.264(a), (b), (c), (d) and (f). The Commission 
publishes this notice as an announcement of the effective date of the 
rules. See, Service Rules and Policies for the Broadcasting Satellite 
Service (BSS), IB Docket No. 06-123; FCC 11-93, published at 76 FR 
50425, August 15, 2011. If you have any comments on the burden 
estimates listed below, or how the Commission can improve the 
collections and reduce any burdens caused thereby, please contact Cathy 
Williams, Federal Communications Commission, Room 1-C823, 445 12th 
Street SW., Washington, DC 20554. Please include the OMB Control 
Number, 3060-1097, in your correspondence. The Commission will also 
accept your comments via the Internet if you send them to 
[email protected][email protected].>
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to [email protected][email protected] or 
call the Consumer and Governmental Affairs Bureau at (202) 418-0530 
(voice), (202) 418-0432 (TTY).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received OMB approval on 
November 17, 2011, for the information collection requirements 
contained in the Commission's rules at 47 CFR 25.114(d)(15)(iv), 
25.114(d)(18), 25.264(a), (b), (c), (d) and (f).
    Under 5 CFR part 1320, an agency may not conduct or sponsor a 
collection of information unless it displays a current, valid OMB 
Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the

[[Page 79111]]

Paperwork Reduction Act that does not display a current valid OMB 
Control Number. The OMB Control Number is 3060-1097.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Pub. L. 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-1097.
    OMB Approval Date: November 17, 2011.
    OMB Expiration Date: November 30, 2014.
    Title: Service Rules and Policies for the Broadcasting Satellite 
Service (BSS).
    Type of Review: Revision of an existing collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 8 respondents; 48 responses.
    Estimated Time per Response: 2 hours-36 hours.
    Frequency of Response: On occasion reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
Commission has statutory authority for the information collection 
requirements under 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), and 308.
    Total Annual Burden: 848 hours.
    Total Annual Cost: $43,200.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: In general, there is no need 
for confidentiality pertaining to the information collection 
requirements in this collection.
    Needs and Uses: On June 14, 2011 the Commission released Second 
Report and Order FCC 11-93, published at 76 FR 50245, August, 2011, 
adopting final rules--containing information collection requirements--
for the 17/24 GHz (BSS) to mitigate space path interference between the 
17/24 GHz BSS space-to-Earth transmissions and the feeder link 
receiving antennas of Direct Broadcast Satellite Service (DBS) space 
stations that operate in the same frequency band.
    Below are the new information collection requirements contained in 
the Second Report and Order:
    47 CFR 25.114(d)(15)(iv)--Applicants filing for a space station 
authorization must file the information required in Section 26.264(a)-
(b).
    47 CFR 25.114(d)(18)--Applicants filing for a space station 
authorization in the Direct Broadcast Satellite service or the 17/24 
GHz broadcasting-satellite service, must provide maximum orbital 
eccentricity calculations.
    47 CFR 25.264(a)--Each applicant for a space station license in the 
17/24 GHz broadcasting-satellite service (BSS) must provide a series of 
tables or graphs with its application, that contain the predicted 
transmitting antenna off-axis gain information for each transmitting 
antenna in the 17.3-17.8 GHz frequency band. Using a Cartesian 
coordinate system wherein the X-axis is defined as tangent to the 
geostationary orbital arc with the positive direction pointing east, 
i.e., in the direction of travel of the satellite; the Y-axis is 
defined as parallel to a line passing through the geographic north and 
south poles of the Earth, with the positive direction pointing south; 
and the Z-axis is defined parallel to a line passing through the center 
of the Earth, with the positive direction pointing toward the Earth, 
the applicant must provide the predicted transmitting antenna off-axis 
antenna gain information:
    (1) In the X-Z plane, i.e., the plane of the geostationary orbit, 
over a range of  30 Degrees from the positive and negative 
X-axes in increments of 5 degrees or less.
    (2) In planes rotated from the X-Z plane about the Z-axis, over a 
range of up to  60 degrees relative to the equatorial 
plane, in increments of 10 degrees or less.
    (3) In both polarizations.
    (4) At a minimum of three measurement frequencies determined with 
respect to the entire portion of the 17.3-17.8 GHz frequency band over 
which the space station is designed to transmit: 5 MHz above the lower 
edge of the band; at the band center frequency; and 5 MHz below the 
upper edge of the band.
    (5) Over a greater angular measurement range, if necessary, to 
account for any planned spacecraft orientation bias or change in 
operating orientation relative to the reference coordinate system. The 
applicant must also explain its reasons for doing so.
    47 CFR 25.264(b)--Each applicant for a space station license in the 
17/24 GHz BSS must provide power flux density (pfd) calculations with 
its application that are based upon the predicted off-axis transmitting 
antenna gain information submitted in accordance with paragraph (a) of 
this section, as follows:
    (1) The pfd calculations must be provided at the location of all 
prior-filed U.S. DBS space stations where the applicant's pfd level 
exceeds the coordination trigger of -117 dBW/m[FN2]/100 kHz in the 
17.3-17.8 GHz band. In this rule, the term prior-filed U.S. DBS space 
station refers to any Direct Broadcast Satellite service space station 
application that was filed with the Commission (or authorization 
granted by the Commission) prior to the filing of the 17/24 GHz BSS 
application containing the predicted off-axis transmitting antenna gain 
information. The term prior-filed U.S. DBS space station does not 
include any applications (or authorizations) that have been denied, 
dismissed, or are otherwise no longer valid. Prior-filed U.S. DBS space 
stations may include foreign-licensed DBS space stations seeking 
authority to serve the United States market, but do not include 
foreign-licensed DBS space stations that have not filed applications 
with the Commission for market access in the United States.
    (2) The pfd calculations must take into account the maximum 
longitudinal station-keeping tolerance, orbital inclination and orbital 
eccentricity of both the 17/24 GHz BSS and DBS space stations, and 
must:
    (i) Identify each prior-filed U.S. DBS space station at whose 
location the coordination threshold pfd level of -117 dBW/m[FN2]/100 
kHz is exceeded; and
    (ii) Demonstrate the extent to which the applicant's transmissions 
in the 17.3-17.8 GHz band exceed the threshold pfd level of -117 dBW/
m[FN2]/100 kHz at those prior-filed U.S. DBS space station locations.
    (3) If the calculated pfd level is in excess of the threshold level 
of -117 dBW/m[FN2]/100 kHz at the location of any prior-filed U.S. DBS 
space station, the applicant must also provide with its application 
certification that all affected DBS operators acknowledge and do not 
object to the applicants higher off-axis pfd levels. No such 
certification is required in cases where the DBS and 17/24 GHz BSS 
assigned operating frequencies do not overlap.
    47 CFR 25.264(c)--No later than nine months prior to launch, each 
17/24 GHz BSS space station applicant or authorization holder must 
confirm the predicted transmitting antenna off-axis gain information 
provided in accordance with Sec.  25.114(d)(15)(iv) by submitting 
measured transmitting antenna off-axis gain information over the 
angular ranges, measurement frequencies and polarizations described in 
paragraphs (a)(1)-(5) of this section. The transmitting antenna off-
axis gain information should be measured under conditions as close to 
flight configuration as possible.

[[Page 79112]]

    47 CFR 25.264(d)--No later than nine months prior to launch, each 
17/24 GHz BSS space station applicant or authorization holder must 
provide pfd calculations based upon the measured transmitting antenna 
off-axis gain information that is submitted in accordance with 
paragraph (c) of this section as follows:
    (1) The pfd calculations must be provided:
    (i) At the location of all prior-filed U.S. DBS space stations as 
defined in paragraph (b)(1) of this section, where the applicant's pfd 
level in the 17.3-17.8 GHz band exceeds the coordination trigger of -
117 dBW/m[FN2]/100 kHz; and
    (ii) At the location of any subsequently-filed DBS U.S. DBS space 
station where the applicant's pfd level in the 17.3-17.8 GHz band 
exceeds the coordination trigger of -117 dBW/m[FN2]/100 kHz. In this 
rule, the term subsequently-filed U.S. DBS space station refers to any 
Direct Broadcast Satellite service space station application that was 
filed with the Commission (or authorization granted by the Commission) 
after the 17/24 GHz BSS operator submitted the predicted data required 
by paragraphs (a)-(b) of this section, but prior to the time the 17/24 
GHz BSS operator submitted the measured data required in this 
paragraph. Subsequently-filed U.S. DBS space stations may include 
foreign-licensed DBS space stations seeking authority to serve the 
United States market. The term does not include any applications (or 
authorizations) that have been denied, dismissed, or are otherwise no 
longer valid, nor does it include foreign-licensed DBS space stations 
that have not filed applications with the Commission for market access 
in the United States.
    (2) The pfd calculations must take into account the maximum 
longitudinal station-keeping tolerance, orbital inclination and orbital 
eccentricity of both the 17/24 GHz BSS and DBS space stations, and 
must:
    (i) Identify each prior-filed U.S. DBS space station at whose 
location the coordination threshold pfd level of -117 dBW/m[FN2]/100 
kHz is exceeded; and
    (ii) Demonstrate the extent to which the applicant's or licensee's 
transmissions in the 17.3-17.8 GHz band exceed the threshold pfd level 
of -117 dBW/m[FN2]/100 kHz at those prior-filed U.S. DBS space station 
locations.
    47 CFR 25.264(f)--The 17/24 GHz BSS applicant or licensee must 
modify its license, or amend its application, as appropriate, based 
upon new information:
    (1) If the pfd levels submitted in accordance with paragraph (d) of 
this section are in excess of those submitted in accordance with 
paragraph (b) of this section at the location of any prior-filed or 
subsequently-filed U.S. DBS space station as defined in paragraphs 
(b)(1) and (d)(1) of this section, or
    (2) If the 17/24 GHz BSS operator adjusts its operating parameters 
in accordance with paragraphs (e)(1)(ii) or (e)(2)(ii) of this section.
    OMB approved these information collection requirements on November 
17, 2011.

Federal Communications Commission.
Bulah P. Wheeler,
Deputy Manager, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-32465 Filed 12-20-11; 8:45 am]
BILLING CODE 6712-01-P