Federal Register - March 1, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations limits for the protection of adjacent services and the implementation of Commission band segmentation decisions, we decline to modify 47 CFR
25.202f. We recognize that replacing 47 CFR 25.202f with the limits contained in the ITU Recommendation would relax some out-of-band emission requirements immediately at the band edge. The current record has not considered the specific impact of this relaxation on adjacent terrestrial services. We are therefore not in a position to conclude terrestrial services would be unaffected, or that the relaxation would otherwise serve the public interest. However, we may seek in the future to develop a full record on this issue and reconsider adoption of an internationally standardized, default out-of-band emissions limit for satellite services.
F. Dismissal of Applications The proposed rule invited comment on whether to modify the acceptability standard for applications under 47 CFR
part 25 to explicitly state that an applicant may correct any errors or omissions within 60 days of a Commission request, and that applications will be accepted for filing automatically within 30 days of filing, unless the Commission determines otherwise. After review of the split record on this issue and consideration of long-standing staff practices, we are not convinced that an explicit, onesized-fits-all acceptability approach is desirable across the variety of satellite and earth station applications presented under 47 CFR part 25. Rather, we believe that the current framework has proven flexible to enable Commission staff to address errors without undue disruptions to applicants or other operators. We therefore decline to modify the acceptability for filing rules.
G. Notification of Minor Earth Station Modifications In the proposed rule, the Commission proposed to reduce filing burdens on some earth station licensees by repealing the requirement to notify the Commission of the types of minor changes to authorized earth stations listed in 47 CFR 25.118a4i.e., those that the Commission does not expect to worsen the interference environment for other operators.
After review of the record, we adopt the proposed streamlining measure by moving the enumerated types of modifications from 47 CFR 25.118a4
to 47 CFR 25.118b, which lists earth station modifications that do not require notification and include two additional modifications that require Commission
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notification. Namely, decreases in antenna height and any change that increases or decreases the earth stations power flux-density PFD contour. The PFD contour is an essential part of the initial application under 47 CFR 25.136
in bands shared with UMFUS and any modification such as to antenna height, power, orientation, etc. that changes the PFD contour will trigger the notification requirement. We also clarify that the addition of new transceiver and antenna combinations to an existing blanket earth station license does not require prior Commission notification when they meet the requirements currently listed in 47 CFR 25.118a4.
We do not believe that a change in earth station antenna pattern under 47
CFR 25.118a4i will negatively impact terrestrial operators because it must not, in accordance with the rule, exceed the previously filed EIRP or EIRP
density envelope. As such, we do not believe these notices are necessary for operators in other services because the worst case interference scenario will not be affected. We also do not believe that an earth station operating in a band shared with UMFUS at a power level below its maximum authorized power level should be required to notify the Commission of its lower operating power level. No such requirement currently existsearth stations may be operated at different power levels based on varying requirements and conditions, provided they do not exceed their authorized power envelopesand we find no basis to adopt such a new reporting requirement.
However, we do believe that the Commission should require earth station operators to provide notice of a decrease in antenna height pursuant to this provision. Although in many cases a decrease in earth station antenna height would improve, not worsen, the interference environment for terrestrial operators as ground clutter would play a larger role in suppressing emissions in unwanted directions, that is not always the case. For example, a lowered antenna may be more likely to radiate higher side lobes into an UMFUS station or may bring the antenna closer to some local metallic object, creating induced spurious effects on the resultant radiation pattern that create higher interference levels in certain directions.
And a decrease in antenna height may result in decreased PFD contours which provide an UMFUS operator the opportunity to serve an area that was previously excluded, but now no longer is. Therefore, we will require notification of decreases in antenna height.
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H. Additional Proposals in Comments In addition to the proposals and questions in the proposed rule, some additional proposals were made in the comments of this proceeding to streamline other aspects of the Commissions satellite licensing rules.
SES additionally reiterated one issue contained in its Petition for Reconsideration of a 2015 satellite streamlining order, which will be addressed in that rulemaking. We have reviewed these proposals and conclude that, while they are outside the scope of the proposed rule, we may revisit some of these proposals in the future.
Final Regulatory Flexibility Analysis As required by the Regulatory Flexibility Act of 1980, as amended RFA, an Initial Regulatory Flexibility Analysis IRFA was incorporated in Further Streamlining Part 25 Rules Governing Satellite Services, Notice of Proposed Rulemaking. The Commission sought written public comment on the proposals in the proposed rule, including comment on the IRFA. No comments were received on the IRFA.
This present Final Regulatory Flexibility Analysis FRFA conforms to the RFA.
A. Need for, and Objectives of, the Order The Order creates a new, streamlined license for both space stations and earth stations and adopts other streamlining measures for the authorization of earth stations. It also removes the annual reporting requirements for satellite operators and makes other corrections in 47 CFR part 25.
B. Summary of Significant Issues Raised by Public Comments in Response to the IRFA
There were no comments filed that specifically addressed the rules and policies proposed in the IRFA.
C. Response to Comments by the Chief Counsel for Advocacy of the Small Business Administration Pursuant to the Small Business Jobs Act of 2010, which amended the RFA, the Commission is required to respond to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration SBA, 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.
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