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The path and name of the Word97, and Acrobat files will be the same as the ASCII Text file except that they will end with the letters wp, doc, or pdf respectively, instead of the letters txt. **************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Amendment of Parts 2 and 25 of the Commission's Rules to Permit Operation of NGSO FSS Systems Co-Frequency with GSO and Terrestrial Systems in the Ku-Band Frequency Range; Amendment of the Commission's Rules to Authorize Subsidiary Terrestrial Use of the 12.2-12.7 GHz Band by Direct Broadcast Satellite Licensees and Their Affiliates; and Applications of Broadwave USA, PDC Broadband Corporation, and Satellite Receivers, Ltd. to Provide A Fixed Service in the 12.2-12.7 GHz Band ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ET Docket No. 98-206 RM-9147 RM-9245 FIRST REPORT AND ORDER AND FURTHER NOTICE OF PROPOSED RULE MAKING Adopted: November 29, 2000 Released: December 8, 2000 Comment Date: 45 days from date of publication in the Federal Register Reply Comment Date: 60 days from date of publication in the Federal Register By the Commission: Commissioner Furchtgott-Roth approving in part, dissenting in part, and issuing a statement; Commissioner Tristani issuing a statement. TABLE OF CONTENTS Paragraph I. INTRODUCTION 1 II. SUMMARY 2 III. BACKGROUND 3 IV. FIRST REPORT AND ORDER 19 A. NGSO FSS Gateway Bands 22 1. Gateway Definition 23 2. NGSO FSS Gateway Downlink Band: 10.7-11.7 GHz 32 a. NGSO FSS/FS Downlink Sharing 34 (i) Protection of FS receivers (PFD limits) 34 (ii) Coordination of NGSO FSS with FS stations 43 b. Gateway Siting Restrictions 57 c. Restrictions on GSO FSS Operations 68 d. NGSO/GSO FSS Downlink Sharing 72 (i) Single-Entry EPFDdown Limits 74 (ii) GSO FSS Reference Earth Station Antenna Pattern 81 (iii) Domestic Implementation of Single-Entry Limits 83 (iv) Domestic Implementation of Single-Entry Validation EPFDdown limits 86 (v) Domestic Implementation of Operational and Additional Operational EPFDdown Limits 91 (vi) Aggregate EPFDdown limits 103 e. Other Issues 109 (i) Provision of Ancillary Mobile Services in the Ku-Band 109 (ii) Protection of Very Large Earth Station Antennas 110 (iii) Protection of Inclined Orbit Operations 114 (iv) Protection of GSO FSS Telemetry, Tracking and Command 117 3. NGSO FSS Gateway Uplink Bands: 12.75-13.25 GHz 120 a. NGSO FSS Gateways Sharing with BAS Operations 123 b. NGSO FSS Gateway Coordination with Terrestrial Operations 127 c. NGSO FSS Gateways Sharing with GSO FSS Uplinks 129 d. OpTel Petition 132 4. NGSO FSS Gateway Uplink Bands: 13.75-14.0 GHz 135 5. GSO FSS Gateway Uplink Bands: 14.4-14.5 GHz 148 6. NGSO FSS Gateway Uplink Bands: 17.3-17.8 GHz 152 B. NGSO Service Link Bands 159 1. NGSO FSS Service Downlink Bands: 11.7-12.2 GHz 159 2. NGSO FSS Service Downlink Bands: 12.2-12.7 GHz 162 a. NGSO FSS sharing with BSS 170 (i) Single-Entry EPFDdown Limits 174 (ii) Domestic Implementation of Single-Entry EPFDdown Limits 188 (iii) Domestic Implementation of Single-Entry Validation and Latitude-Dependent Validation Limits 190 (iv) Domestic Implementation of EPFDdown Operational Limits 192 (v) Aggregate EPFDdown Limits 196 (vi) Protection of GSO BSS Telemetry, Tracking and Command 199 (vii)Other DBS Applications 202 b. MVDDS Sharing with DBS 205 c. MVDDS Sharing with NGSO FSS Downlinks 219 3. NGSO FSS Service Uplink Bands: 14.0-14.4 GHz 229 C. Other Technical Rules 232 1. GSO FSS Arc Avoidance 232 2. GSO FSS Earth Station Power Limits 235 3. NGSO FSS Earth Station Antenna Reference Pattern 238 a. NGSO FSS User Terminal Earth Station Antenna Reference Pattern 238 b. NGSO FSS Gateway Earth Station Antenna Reference Pattern 241 4. RF Safety 244 5. Emission Limits 253 V. FURTHER NOTICE OF PROPOSED RULE MAKING 259 VI. BACKGROUND 261 A. Technical Criteria for Sharing and Operations the 12.2-12.7 GHz Band 266 1. MVDDS/DBS Sharing 266 2. MVDDS/NGSO FSS Sharing 277 3. MVDDS and Adjacent CARS/BAS Band Considerations 282 B. Multichannel Video Distribution and Data Service Rules 283 1. Licensing Plan 284 a. Service Areas 284 b. Frequency Availability and Assignments 287 c. Channeling Plan 288 d. Permissible Operations for MVDDS 289 e. Must-Carry Rules 292 f. Treatment of Incumbent Licensees 293 2. Application, Licensing and Processing Rules 295 a. Regulatory Status 295 b. License Eligibility 296 c. Foreign Ownership Restrictions 300 d. License Term and Renewal Expectancy 302 e. Partitioning and Disaggregation 305 f. Annual Report 307 g. Licensing and Coordination of MVDDS Stations 308 h. Canadian and Mexican Coordination 309 3. Technical Rules 311 a. Transmitter Power 311 b. RF Safety 313 c. Quiet Zone Protection 314 d. Antennas 315 e. Transmitting Equipment 317 4. Pending Applications 318 5. Competitive Bidding Procedures 331 a. Statutory Requirements 331 b. Incorporation by Reference of the Part 1 Standardized Auction Rules 335 c. Provisions for Designated Entities 336 6. Issues Affecting Tribal Governments 340 VII. PROCEDURAL INFORMATION 341 A. Initial Regulatory Flexibility Analysis 341 B. Paperwork Reduction Analysis 343 C. Ex Parte Presentations 345 D. Comment Dates 346 E. Further Information 351 F. Final Regulatory Analysis 352 VIII. ORDERING CLAUSES 353 Appendix A: Final Rules Appendix B: Flexibility Analysis Appendix C: NGSO System Applications Appendix D: Commenting Parties Appendix E: Proposed Rules Appendix F: Initial Regulatory Flexibility Analysis Appendix G: Examples of DBS Service Outages for Different Percentages of Service Unavailability Appendix H: A Method of Converting Percentage of Unavailable Time into a Carrier-to-Interference Ratio Appendix I: Proposed MVDDS/DBS Sharing Arrangement and Computation of the MVDDS/DBS Remediation Zone Appendix J: Unavailability Statistics for Increases in DBS Outages of 2.86%, 60 Minutes, and 30 Minutes Annually I. INTRODUCTION 1. In this First Report and Order ("First R&O"), we permit non-geostationary satellite orbit ("NGSO") fixed-satellite service ("FSS") providers to operate in certain segments of the Ku-band, and adopt rules and policies to govern such operations. We also adopt technical criteria so that NGSO FSS operations can share spectrum with incumbent services without causing unacceptable interference to them and without unduly constraining future growth of incumbent services or NGSO FSS system flexibility. Finally, we conclude that a new terrestrial fixed Multichannel Video Distribution and Data Service ("MVDDS") can operate in the 12.2-12.7 GHz band on a non-harmful interference basis with incumbent Broadcast Satellite Services ("BSS"), and on a co-primary basis with the NGSO FSS. We also adopt a Further Notice of Proposed Rule Making ("Further NPRM") to address technical and service rules for the MVDDS. By these actions, we provide for the introduction of new advanced services to the public, consistent with our obligations under section 706 of the 1996 Telecommunications Act, and promote increased competition among satellite and terrestrial services. II. SUMMARY 2. In this First Report and Order/Further Notice of Proposed Rule Making we make the following major determinations and proposals regarding NGSO FSS at Ku-band and the fixed services ("FS") in the 12.2-12.7 GHz band. ? We permit NGSO FSS gateway earth stations to provide, on a primary basis, space-to-Earth transmissions ("downlinks") in the 10.7-11.7 GHz band and Earth-to-space transmissions ("uplinks") in the 12.75-13.15 GHz, 13.2125-13.25 GHz, and 13.75-14.0 GHz bands, thereby providing 1000 megahertz of spectrum for gateway downlink and 687.5 megahertz of spectrum for gateway uplink operations. Further, we permit gateway earth stations to operate in the 11.7-12.7 GHz downlink and 14.0-14.5 GHz uplink bands that will be predominantly used by NGSO FSS service links. ? We permit NGSO FSS to operate service downlinks in the 11.7-12.2 GHz band on a primary basis, and we allocate the 12.2-12.7 GHz band for NGSO FSS service downlinks on a primary basis. We also permit NGSO FSS to operate service uplinks in the 14.0-14.5 GHz band. This provides 1000 megahertz of spectrum for service downlink and 500 megahertz of spectrum for service uplink operations. ? We adopt technical sharing criteria (power flux density ("PFD") limits) for NGSO FSS and FS operations in the 10.7-11.7 GHz band, consistent with decisions taken at the 2000 World Radiocommunication Conference ("WRC-2000"). Although we tentatively conclude that we should identify geographic protection zones for incumbent FS operations in the 10.7-11.7 GHz and 12.75- 13.25 GHz bands, we defer until a separate future proceeding a decision on what procedures to use for determining the size and location of such zones. We also defer until a separate future proceeding a decision on coordination procedures between NGSO FSS and FS authorized under Parts 74 and 78 in the 12.75-13.25 GHz band. ? We adopt technical sharing criteria (equivalent power flux density ("EPFD") uplink and downlink limits) for NGSO FSS and geostationary-satellite orbit ("GSO") FSS operations in all bands, consistent with decisions taken at WRC-2000. ? We conclude in the First Report and Order that the new MVDDS can operate in the 12.2-12.7 GHz band under the existing allocation, i.e., on a non-harmful interference basis to incumbent BSS and on a co-primary basis to the new NGSO FSS. We also conclude that we can define MVDDS technical requirements that would avoid harmful interference to BSS and establish PFD limits for MVDDS/NGSO FSS sharing. ? We will permit MVDDS operations in the 12.2-12.7 GHz band, and seek comment on technical sharing criteria between the MVDDS and BSS and NGSO FSS, and on MVDDS service, technical, and licensing rules under Part 101 of the Commission's Rules. ? We seek comment on whether to license the 12.2-12.7 GHz band on the basis of geographic areas. ? We seek comment on whether to license MVDDS to one spectrum block of 500 megahertz per geographic area and to allow partitioning of MVDDS; we seek comment on whether to restrict disaggregation. ? We seek comment on the permitted services, eligibility requirements and regulatory status of MVDDS in the 12.2-12.7 GHz band, including whether licensees should be required to meet must-carry obligations and provide all local TV channels to every subscriber. ? We propose to require incumbent non-public safety Private Operational Fixed Service ("POFS") licensees in the 12.2-12.7 GHz band to protect MVDDS and NGSO FSS operations from harmful interference. ? We seek comment on the disposition of pending 12.2-12.7 GHz applications filed by Broadwave USA, PDC Broadband Corporation, and Satellite Receivers, Ltd. ? If we auction MVDDS licenses in the 12.2-12.7 GHz band, we propose to do so in conformity with the general competitive bidding rules set forth in Part 1, Subpart Q, of the Commission's Rules. III. BACKGROUND 3. In November 1998, the Commission released a Notice of Proposed Rule Making ("NPRM") in this proceeding, which proposed to permit NGSO FSS operations in certain segments of the Ku-band. NGSO FSS can provide a variety of new services to the public, such as high-speed Internet and on-line access, plus other types of high-speed data, video and telephony services. In the NPRM, the Commission proposed to allow NGSO FSS operations to use the 10.7-12.7 GHz band for NGSO downlinks on a co- primary basis and to use the 12.75-13.25 GHz and 13.8-14.5 GHz bands for NGSO uplinks on a co- primary basis. We took this action in response to a Petition for Rule Making ("Petition") filed by SkyBridge L.L.C. ("SkyBridge"). The proposals advanced in the NPRM were also promoted by actions taken at the 1997 World Radiocommunication Conference ("WRC-97"), which modified the International Telecommunication Union's Radio Regulations ("ITU RR") to permit NGSO FSS operations in various segments of the Ku-band. WRC-97 also outlined provisional criteria for NGSO FSS operations to protect existing services in these band segments from unacceptable interference. 4. The NPRM also asked for comments on a Petition for Rule Making ("Petition") filed by Northpoint Technology, Ltd. ("Northpoint") that proposed to provide terrestrial retransmission of local television signals and data services on a secondary basis to the incumbent BSS in the 12.2-12.7 GHz band, which is one of the bands in which we proposed to authorize NGSO FSS operations. Finally, the NPRM proposed licensing and service rules for NGSO FSS systems. These proposals also will be addressed in a future proceeding. 5. The spectrum proposed in the NPRM for NGSO FSS downlink operations - 10.7-12.7 GHz - is exclusively non-Federal Government spectrum; i.e., there are no Federal Government operations in these bands. The bands that comprise 10.7-12.2 GHz are allocated to the fixed-satellite service (space-to-Earth) on a primary basis and the 12.2-12.7 GHz band is allocated to the BSS (also referred to as "Direct Broadcast Satellite" or "DBS") on a primary basis. The FSS downlink segments at 10.7-10.95 GHz and 11.2-11.45 GHz are subject to Appendix 30B/S30B of the ITU RR. Similarly, the BSS downlink segment at 12.2-12.7 GHz is subject to Appendix S30 of the ITU RR. This means that these segments are internationally "planned bands" where each country is assigned frequencies at certain orbital locations in the geostationary orbital arc. The use of the FSS downlink band at 10.7-11.7 GHz is limited to international systems, i.e., other than domestic systems. Prior to WRC-2000, international regulations stipulated that use of the FSS downlink band at 11.7-12.2 GHz and the BSS band at 12.2-12.7 GHz was limited to national and subregional systems. 6. In addition to space radiocommunication services, the bands comprising 10.7-12.7 GHz are allocated to and used by terrestrial radiocommunication services. Specifically, the 10.7-11.7 GHz band is allocated to the FS on a primary basis and is available for use by both the POFS point-to-point microwave operations (Part 101, Subparts C and H) and the Local Television Transmission Service ("LTTS," Part 101, Subpart J). LTTS use of the 10.7-11.7 GHz band is limited to television studio-to- transmitter links ("STLs"). The 11.7-12.1 GHz band is allocated to the FS on a secondary basis, and the 11.7-12.2 GHz band is allocated to mobile except aeronautical mobile service on a secondary basis; i.e., this band is available to the land mobile and maritime mobile services, but not to the aeronautical mobile service. Together, these two secondary services are used by television pickup and television non- broadcast pickup stations in the LTTS. The 12.2-12.7 GHz band is allocated to the FS on a primary basis; however, the service is prohibited from causing harmful interference to the BSS. The band is also available for POFS stations on a non-harmful interference basis. Further, POFS stations are required to make any and all adjustments necessary to prevent harmful interference to operating BSS systems. Table 1, below, summarizes incumbent operations in the proposed NGSO FSS downlink bands. Table 1: U. S. Incumbent Operations in the Bands Proposed for NGSO FSS Downlinks (Systems operate on a primary basis, except as noted) Band 10.7-11.7 GHz 11.7-12.2 Hz 12.2-12.7 GHz Incumbent Operations FSS (space-to-Earth) BSS International systems only; 10.7-10.95 GHz and 11.2- 11.45 GHz are planned bands POFS and LTTS STLs LTTS TV pickup and TV non- broadcast pickup stations (secondary) POFS (secondary to BSS) NPRM Proposal NGSO gateways NGSO service links 7. Most of the spectrum proposed in the NPRM for NGSO FSS uplinks -- 12.75-13.25 GHz, 13.8-14.2 GHz, and 14.4-14.5 GHz -- is shared between Federal and non-Federal Government uses either on a co-primary or a primary/secondary basis; however, the bands comprising 14.2-14.4 GHz are non- Federal Government exclusive spectrum. All of the spectrum proposed for NGSO FSS uplinks (12.75- 13.25 GHz and 13.8-14.5 GHz) is already allocated to the non-Federal Government fixed-satellite service (Earth-to-space) on a primary basis. The FSS uplink band at 12.75-13.25 GHz is limited to international systems and is subject to Appendix S30B of the ITU RR. The Commission has adopted special ITU developed requirements for FSS use of the 13.75-14 GHz band, such as minimum and maximum earth station equivalent isotropically radiated power ("e.i.r.p.") and a minimum antenna diameter in order to ensure compatibility with Federal Government systems. The bands comprising 13.75-14.2 GHz are allocated to the Federal and non-Federal Government space research service on a secondary basis, except for those geostationary space stations in the space research service that were advanced published prior to January 31, 1992, which shall operate on an equal basis with stations in the fixed-satellite service. The bands comprising 13.8-14.2 GHz are also allocated to the Federal and non-Federal Government standard frequency and time signal-satellite service on a secondary basis. 8. Other space radiocommunication services in the proposed NGSO FSS uplink bands are as follows. The 12.75-13.25 GHz band is allocated to the Federal and non-Federal Government space research service (deep space, space-to-Earth) on a primary basis, but its use is limited to Goldstone, California. The bands comprising 14-14.5 GHz are allocated to the non-Federal Government land mobile-satellite service on a secondary basis. 9. In addition to space communication services, the bands proposed for NGSO FSS uplinks are allocated to and used by terrestrial radiocommunication services. The 12.75-13.25 GHz band is allocated to the non-Federal Government FS and mobile services on a co-primary basis. Frequencies throughout the 12.70-13.25 GHz band are available for use by POFS stations and by television broadcast auxiliary service ("BAS") stations. Additionally, frequencies in the 13.2-13.25 GHz segment are available for assignment to LTTS television pickup stations, television non-broadcast pickup stations, and STLs. The 13.8-14 GHz band is allocated to the Federal Government radiolocation service on a primary basis and to the non-Federal Government radiolocation service on a secondary basis. The 14-14.2 GHz band is allocated to the Federal and non-Federal Government radionavigation service on a primary basis, with the caveat that radionavigation stations "shall operate on a secondary basis to the fixed-satellite service." The 14.2-14.4 GHz band is allocated to the non-Federal Government mobile except aeronautical mobile service on a secondary basis and is available for use by LTTS television pickup and television non-broadcast pickup stations. The 14.4-14.5 GHz band is allocated to the Federal Government fixed and mobile services on a secondary basis. Finally, radio astronomy observations may be made in the 14.47-14.5 GHz segment at Federal and non-Federal Government licensed facilities. 10. In making our proposals, we sought to ensure that NGSO FSS operations do not cause unacceptable interference to existing users and do not unduly constrain future growth of incumbent services. In this regard, we noted that sharing between NGSO FSS and incumbent services was not feasible in certain bands sought by SkyBridge for NGSO uplinks. Specifically, we noted that sharing between NGSO FSS uplinks and the National Aeronautics and Space Administration ("NASA") tracking data and relay satellite system ("TDRSS") in the 13.75-13.80 GHz band requested by SkyBridge, and between NGSO FSS uplinks and BSS downlinks and Federal Government radiolocation operations in the 17.3-17.8 GHz band would raise significant interference concerns. Accordingly, we did not propose to permit NGSO FSS uplink operations in those bands. However, at WRC-2000, ITU-RR footnote S5.503 was revised with the consent of the United States to establish e.i.r.p. density limits to protect TDRSS from NGSO FSS interference. Table 2, below, summarizes incumbent operations in the proposed NGSO FSS uplink bands. Table 2: U. S. Incumbent Operations in the Bands Proposed for NGSO FSS Uplinks (Systems operate on a primary basis, except as noted) Band 12.75-13.25 GHz 13.8-14 GHz 14-14.2 GHz 14.2-14.4 GHz 14.4-14.5 GHz Incumbent Operations Non-Govt. FSS uplinks International systems only and is a planned band Special FSS spectrum sharing requirement s POFS Govt. radiolocation Govt. and non-Govt. radionavigation (secondary to FSS) LTTS TV pickup and TV non-broadcast pickup stations (secondary) Govt. fixed and mobile (secondary) TV BAS; LTTS may use only 13.2-13.4 GHz Non-Govt. radiolocation (secondary) Non-Govt. land mobile-satellite uplinks (secondary) NASA's Goldstone deep space receive site Space research service and standard frequency and time signal-satellite service (secondary, except for some GSO space research space stations) Radio astronomy observations may be made in 14.47-14.5 GHz band NPRM Proposal NGSO gateways NGSO service links NGSO gateways 11. In addition to its Petition, SkyBridge also filed an application for authority to launch and operate an NGSO FSS system. Certain characteristics of the proposed SkyBridge network, such as gateway earth stations, were discussed in the NPRM to facilitate the development of a complete record. In November 1998, the Commission issued a Public Notice, which established a cut-off date for filing NGSO FSS system applications in portions of the Ku-band ("Ku Band Cut-Off Notice"). There are applications pending for eight different NGSO FSS systems requesting access to all or some portion of the proposed bands, including applications from the Boeing Company ("Boeing") and Denali Telecom, LLC ("Denali"), that were filed in response to other previous cut-off notices. The applicants propose a variety of orbit constellations and network designs, and a wide range of services, including high-speed Internet and on-line access, video conferencing, telephony, and entertainment services. These proposals offer an opportunity for competition to both satellite and terrestrial services. A brief description of each system is provided in Appendix C. While this proceeding focuses on NGSO FSS systems in general and discusses certain characteristics of proposed systems as appropriate, the applications will be addressed in a separate proceeding. 12. WRC-97/2000. In the NPRM, we noted that WRC-97 adopted power limits for certain segments of the Ku and Ka frequency bands to promote spectrum sharing between NGSO FSS systems and other systems and services. Specifically, WRC-97 provisionally adopted EPFD and aggregate power flux density ("APFD") limits in certain band segments to protect incumbent GSO FSS and BSS operations. EPFD is the sum of the PFD levels of all potential interfering satellites of a particular NGSO constellation into a particular GSO earth station receiver. EPFD limits are intended to control the level of signal energy on the earth's surface. Because each EPFD limit applies to a particular GSO earth station receiver with a specific antenna diameter and sidelobe pattern, different sized GSO FSS earth station receivers may require different EPFD protection requirements. APFD is the sum of the PFD levels at a location on the GSO arc created by all potentially interfering earth station transmitters of an NGSO FSS system. Because the technical studies justifying these power limits had not been fully considered in the ITU Radiocommunication Sector ("ITU-R") study group process, as is customary, they were deemed provisional until they could be analyzed by the relevant ITU-R study groups and reviewed at WRC-2000. Moreover, the provisional EPFD and APFD limits adopted by WRC-97 applied only to a single NGSO FSS system ("single-entry" limits) and did not consider the impact of multiple NGSO FSS systems for GSO BSS and FSS systems. 13. As we discuss in more detail below, the NPRM sought comment on WRC-97's provisional EPFD and APFD limits and on alternative values for these limits. We note that since the NPRM was adopted, international working groups have recommended changes to the definition of APFD limits, including referring to them as "EPFDup" limits (see discussion below). Consequently, we will adopt that terminology in this First R&O, and we will refer to "EPFDdown" for power limits applicable to NGSO FSS space stations within an NGSO FSS system and EPFDup for power limits applicable to NGSO FSS earth stations within an NGSO FSS system or GSO BSS and FSS systems. 14. In addition, to protect terrestrial services and facilitate operation of co-primary satellite and terrestrial services, the ITU RR include PFD limits to control the level of satellite signal energy on the Earth's surface. Although the PFD limits currently in use were developed to protect terrestrial services from GSO FSS downlinks, WRC-97 concluded that these limits should also apply to NGSO FSS downlinks. While the PFD limits to protect terrestrial services from NGSO FSS are not provisional, they were subject to review and possible modification at WRC-2000 based on the determination of whether they adequately protect terrestrial services from the aggregate of multiple NGSO FSS systems. As we discuss in more detail below, for protection of terrestrial services the NPRM proposed to adopt the WRC-97 PFD limits. 15. As we noted in the NPRM, the U.S., with representation from the terrestrial, NGSO FSS and GSO FSS industries, was an active participant in the ITU-R technical study groups tasked with conducting analyses of these sharing issues in preparation for WRC-2000. ITU-R working groups made significant progress on NGSO FSS sharing issues. Additionally, a WRC-2000 Conference Preparatory Meeting ("CPM") was held in November 1999. The final output of the CPM was a report containing information on technical, operational and regulatory/procedural issues relevant to items on the WRC-2000 agenda. This report reflected among other issues on the WRC-2000 Agenda, input from various ITU-R working parties and study groups, individual Administrations, and international organizations regarding NGSO FSS sharing issues, and provided the technical basis for decisions on these issues taken by WRC-2000. WRC- 2000 affirmed the outcomes in the CPM report that are relevant to this proceeding. The CPM report, the ITU-R work, and the decisions taken at WRC-2000 are discussed in more detail below, and relevant documents have been included in the docket file. Nonetheless, as we noted in the NPRM, ITU-R deliberations are based on the technical input of many Administrations that often have different domestic spectrum uses than those in the United States. Thus, while the conclusions of the CPM, the ITU-R study groups, and WRC-2000 may have general technical applicability, based on each Administration's input and the resultant compromise, they may not adequately address specific, domestic sharing conditions such as those prevalent in the U.S. Consequently, in the NPRM we sought comment on a variety of techniques that could be used to facilitate operation of both NGSO FSS and incumbent services in the U.S. where the Ku-band is extensively used. 16. Throughout this proceeding, we will discuss the impact of new satellite and terrestrial operations in the Ku Band. In some instances, these new operations may cause interference events, but it is our intention to minimize these interference events to an acceptable level for the services at issue. At present, the ITU-R recommends that the GSO FSS network should be designed to accept an aggregate interference equal to 20 percent of the total system noise power from all other GSO FSS networks and a further 10 percent for interference from co-primary terrestrial radio services. 17. The ITU-R further recommends that each adjacent GSO FSS network should not contribute more than 6 percent of the total system noise power. The makeup of the remaining 70 percent includes allocations for uplink and downlink thermal noise, intra-network self interference noise (such as intermodulation and cross-polarization) and earth station equipment noise. The allocation for each noise component depends on the specificity of each network and each type of transmission. 18. On November 29, 1999, the Satellite Home Viewer Improvement Act ("SHVIA") was enacted. The SHVIA legislation generally seeks to place satellite carriers on equal footing with local cable operators concerning the availability of broadcast programming, and thus is intended to give consumers more and better choices in selecting a multichannel video programming distributor ("MVPD"). In conjunction with the 1999 SHVIA legislation, Congress passed a provision entitled "Rural Local Broadcast Signal Act." Among other things, this law requires the Commission to make a determination by November 29, 2000, regarding licenses or other authorizations for facilities that will utilize, for delivering local broadcast television signals to satellite television subscribers in unserved and underserved local television markets, spectrum otherwise allocated to commercial use. After an exhaustive analysis and the time-consuming development on the international front of a consensus regarding critical technical issues, we have made a major threshold determination to authorize a new service, MVDDS, that will be capable of delivering local broadcast television station signals to satellite television subscribers in unserved and underserved local television markets. Moreover, we have identified a band for this service - 12.2- 12.7 GHz - and have determined that MVDDS can co-exist with the incumbent services and with the newly authorized NGSO-FSS operations. Finally, with the Further NPRM, we have set in motion the final regulatory process for licensing MVDDS. In light of these determinations, we conclude that we have met the deadline for action set forth in the Rural Local Broadcast Signal Act. IV. FIRST REPORT AND ORDER 19. We conclude that the public interest will be served by permitting NGSO FSS use of the Ku- band. The implementation of NGSO FSS systems will allow new advanced services to be provided to the public, as well as provide increased competition to existing satellite and terrestrial services. Indeed, the NGSO FSS, because of its ability to serve large portions of the earth's surface, can bring advanced services to rural areas. We also conclude that it is possible for the NGSO FSS to share spectrum with incumbent services without causing unacceptable interference to them and without unduly constraining their future growth. Accordingly, we are adopting technical criteria for NGSO FSS operations that will allow this new service to operate on a co-primary basis with incumbent services in the designated bands. 20. The ITU-R, including Joint Task Group ("JTG") 4-9-11 and the CPM in preparation for WRC-2000, reached consensus agreements on a number of NGSO FSS sharing issues. Moreover, interested parties subsequently reached a compromise solution to the outstanding NGSO FSS/GSO FSS and NGSO FSS/BSS sharing issues at the CPM. These results were affirmed by WRC-2000. The numerous technical analyses undertaken by the ITU-R and CPM represent the most comprehensive and current studies on NGSO FSS protection of GSO FSS networks, FS operations and BSS systems available to date. Considering the agreements reached within the international arena and the record developed in response to these international agreements, we find that we have an adequate basis to adopt rules governing co- frequency operation of NGSO FSS systems in certain frequency bands. 21. We conclude that the new MVDDS can operate in the 12.2-12.7 GHz band on a non-harmful interference basis with the incumbent BSS service, and on a co-primary basis with the NGSO FSS. We note that extensive technical information and the results of experimental tests have been filed concerning sharing of the 12.2-12.7 GHz band by NGSO FSS, BSS, and MVDDS operations. We find that we have an adequate record to conclude that the MVDDS can operate in the band on a non-harmful interference basis to the BSS and on a co-primary basis with the NGSO FSS. The NPRM did not propose specific technical, service or licensing rules for the MVDDS. These proposed rules will be the subject of the Further NPRM. A. NGSO FSS Gateway Bands 22. In the NPRM, we proposed to allow NGSO FSS gateway downlink operations on a co-primary basis in the 10.7-11.7 GHz band; and to allow NGSO FSS gateway uplink operations on a co-primary basis in the 12.75-13.25 GHz, 13.8-14.0 GHz, and 14.4-14.5 GHz bands. In addition, the NPRM proposed to apply the WRC-97 PFD limits, existing coordination procedures and other techniques to facilitate sharing between NGSO operations and terrestrial services. The NPRM also sought comment on the WRC-97 provisional EPFD limits for NGSO sharing with GSO operations and requested thorough analysis concerning the adequacy of these limits. The 13.75-13.8 GHz band was not proposed for NGSO FSS gateway uplink operations due to potential interference with Federal Government operations, and the 17.3-17.8 GHz band was not proposed due to a conflict with use of the band for BSS and Federal Government radiolocation services. We will address each of these bands and any relevant issues below. 1. Gateway Definition 23. Proposal. In order to facilitate the coordination process between NGSO FSS earth stations and terrestrial operations, the NPRM proposed to permit only gateway operations in bands shared with terrestrial operations allocated on a co-primary basis. For the purpose of NGSO FSS in the Ku-band, the NPRM proposed to define gateway operations as earth station operations that are not intended to originate or terminate traffic but are primarily intended for interconnecting to other networks. The NPRM invited comment on whether the Commission should establish minimum antenna size requirements for gateway earth stations. The NPRM also asked whether it would be necessary to limit the number of NGSO FSS gateway stations in bands shared with terrestrial operations, and whether gateway operations should meet minimum antenna size requirements. 24. Comments. Although many commenters agree that only NGSO FSS gateway earth stations should be permitted to share Ku-band frequencies with terrestrial operations, some argue that there should not be a rigid distinction between gateway and service links. Teledesic LLC ("Teledesic") states that service links should be allowed to share with FS operations as long as they meet certain technical requirements. Similarly, Virtual Geosatellite, L.L.C. ("Virgo") argues that service links should be permitted in the 11.2-11.7 GHz portion as long as they switch to other spectrum if terrestrial interference occurs. FS interests and SkyBridge oppose allowing service links in the gateway bands. In its initial comments, SkyBridge suggests that the Commission clarify that gateways are not intended to handle traffic at user sites so that a gateway station does not act as an intermediary between the NGSO FSS satellite and a group of users connected terrestrially to that user earth station. Boeing and SkyBridge also oppose the proposal that, for coordination purposes, a single gateway must be contained within an area of one second longitude by one second latitude. They argue that this requirement would be overly restrictive and would not allow individual gateway antennas sufficient room to avoid blocking one another's signals. 25. PanAmSat Corporation ("PanAmSat") and Boeing support establishing a minimum antenna size requirement for NGSO FSS gateway stations in the Ku-band as a means of facilitating sharing, but in its initial comments SkyBridge opposes minimum antenna size requirements as arbitrary. Boeing and SkyBridge also advise against establishing limits on the number of satellite earth stations permitted to operate in the Ku-band, asserting that any limit would be arbitrary. 26. PanAmSat argues that the Commission should not subject GSO FSS systems in these frequency bands to the gateway station definition because it is designed as a particular component of an NGSO FSS system and is not relevant to GSO FSS systems. PanAmSat also contends that it would be inequitable to use the gateway definition to limit GSO FSS deployment in these bands. 27. In November 1999, SkyBridge and the Fixed Wireless Communications Council ("FWCC") filed a joint ex parte letter indicating that they had negotiated an agreement on appropriate rules to govern the shared use of the 10.7-11.7 GHz band by the FS and NGSO FSS. In December 1999, SkyBridge and the FWCC submitted the agreement as a proposal in this proceeding. One of the areas addressed in the SkyBridge/FWCC proposal is the definition of an NGSO FSS gateway earth station. SkyBridge and FWCC propose the following definition: A Gateway operating in the 10.7-11.7 GHz band shall consist of an earth station complex providing radio frequency resources to NGSO FSS space stations which allow customer-premises earth stations to interconnect with long distance or other intercity networks or other non-collocated customer- premises earth stations; a Gateway shall not connect directly to customer-owned or customer-operated private distribution networks. Gateways shall have no less than three operational earth station antennas, each of which shall be no less than 2.5 meters in diameter; for non-parabolic antenna designs, the mainbeam beamwidth of the antenna shall not exceed the mainbeam beamwidth of a standard 2.5 meter parabolic antenna. 28. In comments regarding this proposed definition, Boeing states that a minimum Gateway antenna size of 4.5 meters would best enhance sharing among inhomogeneous NGSO FSS systems in the Ku-band. However, Boeing states that because sharing between NGSO systems is not at issue in this proceeding, it simply requests that the inclusion of the 2.5 meter minimum Gateway antenna size not foreclose the possibility that we may determine that the inclusion of a 4.5 meter minimum Gateway antenna size best serves sharing among co-frequency NGSO systems. 29. Decision. We find that we can permit deployment of NGSO FSS gateway earth stations in the proposed bands and also protect the continued use and growth of those bands by terrestrial operations. However, for reasons discussed in Section A3, we are limiting gateway use of the 12.75-13.25 GHz band to the 12.75-13.15 GHz and 13.2125-13.25 GHz band segments. Further, as discussed in Section A4, we are permitting gateway use of the 13.75-13.8 GHz band. Finally, as discussed in Section A5, we will permit service link, as well as gateway, use of the 14.4-14.5 GHz band. We recognize, however, that deployment of service links in the 10.7-11.7 GHz, 12.75-13.15 GHz, 13.2125-13.25 GHz, and 13.75-14.0 GHz bands could hinder future terrestrial service deployment in those bands. Therefore, we find it appropriate to allow only gateway earth station operations for NGSO FSS in those four bands. This will avoid the ubiquitous deployment of earth stations in those bands. Further, gateway earth stations will be located at sites readily identified to other users of the bands, thus increasing the potential for co-frequency operation. We define NGSO FSS gateway earth stations as those earth stations that do not originate or terminate traffic, but interconnect multiple non-collocated user earth stations operating in frequency bands other than designated gateway bands, through a satellite with other primary networks, such as the public switched telephone network and Internet networks. That is, gateway earth stations will be required to operate in a manner that supports the switching and routing functions of the NGSO FSS system as a whole, as do feeder links for mobile-satellite systems or hub operations for very small aperture terminal ("VSAT") networks. 30. Thus, we are adopting a functional definition for earth station use of this band, which should provide for various NGSO FSS system designs, regardless of what terminology is used by an applicant to describe the facility. We note that this definition is similar to the one proposed by SkyBridge and the FWCC without establishing a limit on the number of earth stations per complex or on the size of the earth stations. Moreover, as discussed below, each NGSO gateway antenna will be required to meet an antenna performance standard of 29-25 log theta (?) dBi in all directions. We find that adopting this antenna performance standard will ensure that NGSO gateway antennas focus their signals in the desired direction without the need for minimum antenna size requirements, which could hinder innovation and flexibility. Additionally, to facilitate coordination with terrestrial facilities, we adopt our proposal requiring a single gateway complex to be located within an area of one second latitude by one second longitude. This requirement, which also applies to GSO FSS earth station sitings, facilitates earth station and terrestrial coordination in shared bands by specifying very limited areas for gateway antennas. Gateway antennas outside of these areas will be considered as separate gateway complexes for the purposes of coordination with terrestrial services and for licensing purposes. Nevertheless, these interconnected gateway antennas could be under multiple licenses, or considered as a single gateway complex. 31. We do not find it is necessary at this time to limit the number of NGSO FSS earth stations that should be allowed to use the 10.7-11.7 GHz, 12.75-13.15 GHz, 13.2125-13.25 GHz, and 13.75-14.0 GHz bands. The applications that have been filed for Ku-band NGSO FSS systems do not reflect a need for a significant number of gateway stations. Therefore, the gateway earth station definition adopted here should be sufficient to prevent ubiquitous deployment of NGSO FSS earth stations in those bands. Nevertheless, as the NGSO FSS service grows to meet increasing capacity demands, any NGSO FSS network architecture changes resulting in a significant increase in the number of gateway stations can be addressed at that time. Finally, we clarify that this gateway definition applies only to NGSO FSS earth stations and not to GSO FSS operations in these bands. Although GSO FSS systems may operate gateway or hub earth stations that have some of the same characteristics as NGSO FSS gateway earth stations, GSO FSS earth stations operating in these bands are subject to separate requirements, which are discussed further below. 2. NGSO FSS Gateway Downlink Band: 10.7-11.7 GHz 32. The 10.7-11.7 GHz band is currently allocated on a co-primary basis to the FS, licensed under Part 101 of the Commission's Rules; and to the FSS for international systems (downlinks), licensed under Part 25 of the Commission's Rules. The FS links in this band support a wide array of communication services used by utilities, railroads, telephone companies, state and local governments, public safety agencies, and others. Moreover, this band was identified in 1993 in the Emerging Technologies proceeding and in 1997 in the Mobile-Satellite Service ("MSS") 2 GHz allocation proceeding as a future home for fixed point-to-point operations to be relocated from the 2 GHz band. There are also several GSO FSS earth stations for international systems in this band. Further, this band is also used for telemetry, tracking, and control ("TT&C") functions for GSO FSS satellites. 33. The NPRM proposed to allow domestic/regional, as well as international, NGSO FSS gateway downlinks in the 10.7-11.7 GHz band, but to maintain the international systems only requirement for GSO FSS. The NPRM stated that NGSO FSS gateway downlink operations should be able to share the 10.7- 11.7 GHz band with incumbent FS and GSO FSS operations provided the gateway stations are not extensively deployed and proper coordination is performed. To facilitate this spectrum sharing, the NPRM proposed PFD and EPFD limits for NGSO FSS satellites to protect FS and GSO FSS earth station operations, respectively. Additionally, coordination procedures between FS transmitters and NGSO FSS earth stations were proposed, as well as NGSO FSS gateway siting restrictions to protect FS growth in the 50 most populated metropolitan areas. The NPRM also proposed that any gateway siting restrictions have a sunset date. Further, the NPRM sought comment on the appropriate means to protect GSO FSS service and TT&C links from new NGSO FSS downlink operations. These issues and others that were raised by commenters in this proceeding are addressed below. a. NGSO FSS/FS Downlink Sharing (i) Protection of FS receivers (PFD limits) 34. Proposal. The NPRM indicated that long-term interference from NGSO FSS downlinks into terrestrial FS receivers could be controlled by requiring that satellite transmissions not exceed the PFD limits adopted at WRC-97. These limits are already in place for GSO FSS systems sharing with terrestrial FS and are included in Article S21 of the ITU Radio Regulations. Because NGSO FSS systems have different operating characteristics than GSO FSS systems and because WRC-97 recognized that further studies were needed to assess the impact of multiple NGSO FSS systems, the NPRM sought comment on the adequacy of these limits. Additionally, the NPRM sought comment regarding whether short-term interference limits are necessary, particularly for FS operations with high look angles. 35. Comments. Since the adoption of the NPRM, the ITU-R has determined that the PFD limits adopted at WRC-97 are adequate to protect terrestrial FS operations from the aggregate interference from both GSO FSS and NGSO FSS satellite systems. While many commenters generally defer to the decisions of the ITU-R regarding PFD limits, terrestrial FS interests argue that the interference potential from NGSO FSS satellites is greater than that from GSO FSS satellites, even under a common set of PFD limits. In particular, FS proponents are concerned that the proposed PFD limits are not adequate to protect terrestrial FS links operating with a higher elevation angle to the horizon from NGSO FSS interference due to potential mainbeam-to-mainbeam interference. FWCC argues that the mainbeam-to- mainbeam interference issue is complicated because the PFD limits do not adequately account for Automatic Transmitter Power Control ("ATPC") in FS stations, a technique that allows FS stations to operate with minimal interference margins. 36. Boeing replies that FS links that use a high elevation angle will not be affected because these terrestrial link transmission paths are much shorter than those used on flat terrain and the terrestrial signal will be robust enough to overcome any NGSO FSS transmission. SkyBridge contends that mainbeam-to- mainbeam interference to FS links will not occur at less than 6 degrees elevation, which it claims protects 95.7% of all FS receivers. Further, SkyBridge argues that FS receivers at higher elevations will be protected by the short term protection criteria agreed to within the ITU-R, which will result in NGSO FSS transmissions that would never exceed a 20 dB interference to noise ratio. Regarding ATPC in terrestrial FS links, SkyBridge states that the ITU study groups have developed a protection criteria to account for an ATPC range of up to 13 dB and that terrestrial interests have not demonstrated that the PFD limits are not adequate to protect terrestrial operations. 37. FS proponents also argue that promises to protect FS operations will be difficult to enforce because an interfering signal can cause complete loss of synchronization and still not be visible on a spectrum analyzer. They also argue that it is not realistic to expect NGSO FSS licensees to willingly shut down if interference occurs. Therefore, regulations to protect FS operations must be established at the outset. SBC Communications, Inc. ("SBC") claims that FS licensees should not bear any burden for correcting interference caused by NGSO FSS and should be reimbursed for the cost of investigating interference caused by NGSO FSS operations. SkyBridge replies that NGSO FSS licensees will have co- primary status in the bands and, therefore, they should not be solely responsible for fixing problems. 38. Decision. We note that the ITU-R studied the necessary criteria and PFD limits to allow NGSO FSS satellite downlinks to share spectrum with terrestrial FS operations. In particular, Working Party 4-9S reached agreement on a set of PFD limits in April 1999 that are adequate for the protection of the FS in the 10.7-12.75 GHz band from the aggregate of interference from GSO FSS systems and multiple NGSO FSS systems. The ITU-R studies considered various sharing issues between FS operations and NGSO FSS operations, including typical FS operation margins with ATPC, the aggregate effect of multiple NGSO satellites, and other factors leading to interference concerns. The PFD limits agreed upon within the ITU-R for the 10.7-11.7 GHz band have been affirmed by WRC-2000 and are listed below for various angles above the horizontal plane (?). Table 3: ITU-R Recommended PFD Limits for 10.7-11.7 GHz Band PFD Limit Angle of arrival above the horizontal plane -126 dB(W/m2/ MHz) 0? 2.5 and ? 4.5 From 31 December 2005: 10.7-11.7 in all Regions; 11.7-12.2 in Region 2; 12.2-12.5 in Region 3; and 12.5-12.75 in Regions 1 and 3 -161.25 -164 -165.5 -167.5 100 40 3 6 9 ? 18 ? 2.5 -158.25 -161 -162.5 -164.5 100 40 3 6 9 ? 18 > 2.5 and ? 4.5 1 The operational limits on the EPFDdown radiated by non-GSO FSS systems shall be the values given in note 1 to the table in paragraph (d) or this table, whichever are the more stringent. 2 For antenna diameters between the values given in this table, the limits are given by linear interpolation using a linear scale for EPFDdown in decibels and a logarithmic scale for antenna diameter in meters. Note to paragraph g: These limits relate to the operational equivalent power flux-density which would be obtained under free-space propagation conditions, for all conditions, for all methods of modulation and for the specified inclined GSO FSS operations. ( h) In the frequency bands 12.75-13.15 GHz, 13.2125-13.25 GHz and 13.75-14.5 GHz, the equivalent power flux-density, in the Earth-to-space direction, (EPFDup) produced at any point on the geostationary satellite orbit (GSO) by the emissions from all co-frequency earth stations in a non-geostationary satellite orbit fixed-satellite service (NGSO FSS) system, for all conditions and for all methods of modulation, shall not exceed the following limits for the specified percentages of time limits: Limits to the EPFDup radiated by NGSO FSS systems in certain frequency bands Frequency band (GHz) for International Allocations EPFDup dB(W/m2) Percentage of time during which EPFDup may not be exceeded Reference bandwidth (kHz) Reference antenna beamwidth and reference radiation pattern1 12.5-12.75 12.75-13.25 13.75-14.5 -160 100 40 4? ITU-R S.672-4, Ls = -20 1 For the case of Ls = -10, the values a = 1.83 and b = 6.32 should be used in the equations in the Annex of Recommendation ITU-R S.672-4 for single-feed circular beams. In all cases of Ls, the parabolic main beam equation should start at zero. Note to paragraph h: These limits relate to the uplink equivalent power flux density, which would be obtained under free-space propagation conditions, for all conditions and for all methods of modulation. (i) In the frequency bands 11.7-12.2 GHz and 12.5-12.75 GHz in Region 3, 11.7-12.5 GHz in Region 1 and 12.2-12.7 GHz in Region 2, the single-entry equivalent power-flux density, in the space-to-Earth direction, (EPFDdown), at any point on the Earth's surface, produced by emissions from all co-frequency space stations of a single non-geostationary-satellite orbit (NGSO) system operating in the fixed-satellite service (FSS) shall not exceed the following limits for the given percentages of time: Single-Entry EPFDdown limits for protection of 30, 45, 60, 90, 120, 180, 240 and 300 cm GSO BSS earth station antennas 1, 2, 3 Frequency band (GHz) for International Allocations EPDFdown dB(W/m2) Percentage of time during which EPFDdown level may not be exceeded Reference bandwidth (kHz) Reference antenna diameter and reference radiation pattern 4 11.7-12.5 in Region 1; 11.7-12.2 and 12.5-12.75 in Region 3; 12.2-12.7 in Region 2 -165.841 -165.541 -164.041 -158.6 -158.6 -158.33 -158.33 0 25 96 98.857 99.429 99.429 100 40 30 cm Recommendation ITU-R BO.1443 Annex 1 -175.441 -172.441 -169.441 -164 -160.75 -160 -160 0 66 97.75 99.357 99.809 99.986 100 40 45 cm Recommendation ITU-R BO.1443 Annex 1 -176.441 -173.191 -167.75 -162 -161 -160.2 -160 -160 0 97.8 99.371 99.886 99.943 99.971 99.997 100 40 60 cm Recommendation ITU-R BO.1443 Annex 1 -178.94 -178.44 -176.44 -171 -165.5 -163 -161 -160 -160 0 33 98 99.429 99.714 99.857 99.943 99.991 100 40 90 cm Recommendation ITU-R BO.1443 Annex 1 -182.44 -180.69 -179.19 -178.44 -174.94 -173.75 -173 -169.5 -167.8 -164 -161.9 -161 -160.4 -160 0 90 98.9 98.9 99.5 99.68 99.68 99.85 99.915 99.94 99.97 99.99 99.998 100 40 120 cm Recommendation ITU-R BO.1443 Annex 1 -184.941 -184.101 -181.691 -176.25 -163.25 -161.5 -160.35 -160 -160 0 33 98.5 99.571 99.946 99.974 99.993 99.999 100 40 180 cm 3 Recommendation ITU-R BO.1443 Annex 1 -187.441 -186.341 -183.441 -178 -164.4 -161.9 -160.5 -160 -160 0 33 99.25 99.786 99.957 99.983 99.994 99.999 100 40 240 cm 2 Recommendation ITU-R BO.1443 Annex 1 -191.941 -189.441 -185.941 -180.5 -173 -167 -162 -160 -160 0 33 99.5 99.857 99.914 99.951 99.983 99.991 100 40 300 cm Recommendation ITU-R BO.1443 Annex 1 1 For BSS antenna diameters 180 cm, 240 cm and 300 cm, in addition to the single-entry limits shown in this table, the following table for single-entry 100% of the time EPFDdown limits also applies in the frequency band listed: Single-Entry EPFDdown limits radiated by non-GSO FSS systems at certain latitudes 100% of the time EPFDdown dB(W/(m2/40 kHz)) Latitude (North or South in degrees) -160.0 0 ? ?latitude? ? 57.5 -160.0 + 3.4 * (57.5 - ?latitude?)/4 57.5 ? ?latitude? ? 63.75 -165.3 63.75 ? ?latitude? 2 For 240 cm GSO BSS earth station antennas located in Alaska, communicating with GSO BSS satellites at the 91ø W.L., 101ø W.L., 110ø W.L., 119ø W.L. and 148ø W.L. nominal orbital locations with elevation angles greater than 5ø, -167 dB(W/(m2/40 kHz)) single-entry 100% of the time operational EPFDdown limit also applies to receive antennas. 3 For 180 cm GSO BSS earth station antennas located in Hawaii communicating with GSO BSS satellites that are operational as of December 30, 1999 at the 110ø W.L., 119ø W.L. and 148ø W.L. nominal orbital positions, -162.5 dB(W/(m2/40 kHz)) single-entry 100% of the time operational EPFDdown limit also applies. 4 Under the section reference pattern of Annex 1 to Recommendation ITU-R BO.1443 shall be used only for the calculation of interference from non-GSO FSS systems into BSS systems. Note to paragraph i: These limits relate to the equivalent power flux density, which would be obtained under free-space propagation conditions, for all conditions and for all methods of modulation. (j) In the frequency bands 11.7-12.2 GHz and 12.5-12.75 GHz in Region 3, 11.7-12.5 GHz in Region 1 and 12.2-12.7 GHz in Region 2, the aggregate equivalent power-flux density, in the space-to-Earth direction, (EPFDdown) at any point on the Earth's surface, produced by emissions from all co-frequency space stations of all non-geostationary-satellite orbit systems operating in the fixed-satellite service (FSS) shall not exceed the following limits for the given percentages of time: Aggregate EPFDdown limits for protection of 30, 45, 60, 90, 120, 180, 240 and 300 cm GSO BSS earth station antennas 1, 2, 3 Frequency band (GHz) for International Allocations EPFDdown dB(W/m2) Percentage of time during which EPFDdown level may not be exceeded Reference bandwidth (kHz) Reference antenna diameter, and reference radiation pattern 4 11.7- 12.5 GHz in Region 1; 11.7-12.2 GHz and 12.5-12.75 GHz in Region 3; 12.2-12.7 GHz in Region 2 -160.4 -160.1 -158.6 -158.6 -158.33 -158.33 0 25 96 98 98 100 40 30 cm Recommendation ITU-R BO.1443 Annex 1 11.7-12.5 GHz in Region 1; 11.7-12.2 GHz and 12.5-12.75 GHz in Region 3 12.2-12.7 GHz in Region 2 -170 -167 -164 -160.75 -160 -160 0 66 97.75 99.33 99.95 100 40 45 cm Recommendation ITU-R BO.1443 Annex 1 11.7-12.5 GHz in Region 1 11.7-12.2 GHz and 12.5-12.75 GHz in Region 3 12.2-12.7 GHz in Region 2 -171 -168.75 -167.75 -162 -161 -160.2 -160 -160 0 90 97.8 99.6 99.8 99.9 99.99 100 40 60 cm Recommendation ITU-R BO.1443 Annex 1 11.7-12.5 GHz in Region 1 11.7-12.2 GHz and 12.5-12.75 GHz in Region 3 12.2-12.7 GHz in Region 2 -173.75 -173 -171 -165.5 -163 -161 -160 -160 0 33 98 99.1 99.5 99.8 99.97 100 40 90 cm Recommendation ITU-R BO.1443 Annex 1 11.7-12.5 GHz in Region 1 11.7-12.2 GHz and 12.5-12.75 GHz in Region 3 12.2-12.7 GHz In Region 2 -177 -175.25 -173.75 -173 -169.5 -167.8 -164 -161.9 -161 -160.4 -160 0 90 98.9 98.9 99.5 99.7 99.82 99.9 99.965 99.993 100 40 120 cm Recommendation ITU-R BO.1443 Annex 1 Frequency band (GHz) EPFDdown dB(W/m2) Percentage of time during which EPFDdown level may not be exceeded Reference bandwidth (kHz) Reference antenna diameter, and reference radiation pattern1 11.7-12.5 GHz in Region 1; 11.7-12.2 GHz and 12.5-12.75 GHz in Region 3; 12.2-12.7 GHz in Region 2 -179.5 -178.66 -176.25 -163.25 -161.5 -160.35 -160 -160 0 33 98.5 99.81 99.91 99.975 99.995 100 40 180 cm Recommendation ITU-R BO.1443 Annex 1 11.7-12.5 GHz in Region 1; 11.7-12.2 GHz and 12.5-12.75 GHz in Region 3; 12.2-12.7 GHz in Region 2 -182 -180.9 -178 -164.4 -161.9 -160.5 -160 -160 0 33 99.25 99.85 99.94 99.98 99.995 100 40 240 cm Recommendation ITU-R BO.1443 Annex 1 11.7-12.5 GHz In Region 1; 11.7-12.2 GHz and 12.5-12.75 GHz In Region 3; 12.2-12.7 GHz In Region 2 -186.5 -184 -180.5 -173 -167 -162 -160 -160 0 33 99.5 99.7 99.83 99.94 99.97 100 40 300 cm Recommendation ITU-R BO.1443 Annex 1 1 For BSS antenna diameters 180 cm, 240 cm and 300 cm, in addition to the aggregate limit shown in this table, the following table of aggregate 100% of the time EPFDdown limit also applies: 100% of the time EPFDdown dB(W/(m2/40 kHz)) Latitude (North or South in degrees) -160.0 0 ? ?latitude? ? 57.5 -160.0 + 3.4 (57.5 - ?latitude?)/4 57.5 ? ?latitude? ? 63.75 -165.3 63.75 ? ?latitude? 2 For 240 cm GSO BSS earth station antennas located in Alaska, communicating with GSO BSS satellites at the 91ø W.L., 101ø W.L., 110ø W.L., 119ø W.L. and 148ø W.L. nominal orbital locations with elevation angles greater than 5ø, -167 dB(W/(m2/40 kHz)) aggregate 100% of the time operational EPFDdown limit also applies to receive antennas. 3 For 180 cm GSO BSS earth station antennas located in Hawaii communicating with GSO BSS satellites that are operational as of December 30, 1999 at the 110ø W.L., 119ø W.L. and 148ø W.L. nominal orbital positions, -162.5 dB(W/(m2/40 kHz)) aggregate 100% of the time operational EPFDdown limit also applies. 4 Under the section reference pattern of Annex 1 to Recommendation ITU-R BO.1443 shall be used only for the calculation of interference from non-GSO FSS systems into GSO BSS systems. Note to paragraph j: These limits relate to the equivalent power flux density, which would be obtained under free-space propagation conditions, for all conditions and for all methods of modulation. 12. Section 25.209 is amended by revising paragraph (a) and adding new paragraph (h) to read as follows:  25.209 Antenna performance standards. (a) The gain of any antenna to be employed in transmission from an earth station in the geostationary satellite orbit fixed-satellite service (GSO FSS) shall lie below the envelope defined below: * * * * * (h) The gain of any antennas to be employed in transmission from a gateway earth station antenna operating in the frequency bands 10.7-11.7 GHz, 12.75-13.15 GHz, 13.2125-13.25 GHz, 13.8-14.0 GHz, and 14.4-14.5 GHz and communicating with NGSO FSS satellites shall lie below the envelope defined below: 29 - 25log10 (?) dBi 1? < ? < 36? -10 dBi 36? < ? < 180? where ? is the angle in degrees from the axis of the main lobe, and dBi refers to dB relative to an isotropic radiator. For the purposes of this section, the peak gain of an individual sidelobe may not exceed the envelope defined above. 13. Section 25.212, the section heading is revised to read as follows:  25.212 Narrowband transmissions in the 12/14 GHz GSO Fixed-Satellite Service. * * * * * 14. Section 25.251 is amended by revising paragraphs (a) and (b).  25.251 Special requirements for coordination. (a) The administrative aspects of the coordination process are set forth in  101.103 of this chapter in the case of coordination of terrestrial stations with earth stations, and in  25.203 in the case of coordination of earth stations with terrestrial stations. (b) The technical aspects of coordination are based on Appendix S7 of the International Telecommunication Union Radio Regulations and certain recommendations of the ITU Radiocommunication Sector (available at the FCC's Reference Information Center, Room CY-A257, 445 12th Street, SW., Washington, DC 20554). 15. Section 25.271 is amended by adding new paragraph (e).  25.271 Control of transmitting stations. * * * * * (e) The licensee of an NGSO FSS system operating in the 10.7-14.5 GHz bands shall maintain an electronic web site bulletin board to list the satellite ephemeris data, for each satellite in the constellation, using the North American Aerospace Defense Command (NORAD) two-line orbital element format. The orbital elements shall be updated at least once every three days. APPENDIX B: FINAL REGULATORY FLEXIBILITY ANALYSIS As required by the Regulatory Flexibility Act (RFA), an Initial Regulatory Flexibility Analysis ("IRFA") was incorporated in the Notice of Proposed Rule Making ("NPRM") in ET Docket No. 98-206. The Commission sought written public comment on the proposals in the NPRM, including comment on the IRFA. This Final Regulatory Flexibility Analysis ("FRFA") conforms to the RFA. In addition to the issues discussed below, the IRFA addressed Northpoint Technology Ltd.'s proposal to allow terrestrial operations to use the 12.2-12.7 GHz band for the provision of MVPD services and data services. A. Need for, and Objectives of, the Report and Order In this First Report and Order, we permit NGSO FSS operations in certain segments of the 10.7-14.5 GHz frequency band range, and adopt rules and policies to govern such operations. More specifically, we amend Parts 2 and 25 of our rules to permit NGSO FSS space-to-earth links ("downlinks") to operate in the 10.7-12.7 GHz band and for NGSO earth-to-space links ("uplinks") to operate in the 12.75-13.15 GHz, 13.2125-13.25 GHz and 13.8-14.5 GHz bands. These downlink bands are generally used by geostationary-satellite orbit ("GSO") FSS and fixed services. The uplink bands are used by GSO FSS operations, fixed services, mobile services, and Government operations. We also permit a new terrestrial Multichannel Video Distribution and Data Service (MVDDS) to operate in the 12.2-12.7 GHz band, but defer services and technical rules for the MVDDS to our companion Further Notice of Proposed Rule Making. These new satellite and terrestrial operations can increase competition and provide new advanced services to the public. Specifically, NGSO FSS systems can provide new high-speed data services and offer additional competition to other satellite services, and terrestrial wireless and wireline services. The MVDDS can provide local television and data services and provide additional competition to both cable and Direct Broadcast Satellite (DBS) systems. There is, however, extensive use of the requested frequency bands in the United States and these incumbent operations provide important and valuable services to the public that we must protect. By this action, we provide for the introduction of new advanced services to the public, while permitting incumbent services to operate without harmful interference. B. Summary of Significant Issues Raised by Public Comments In Response to the IRFA No comments were submitted in response to the IRFA. C. Description and Estimate of the Number of Small Entities To Which Rules Will Apply 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"). A small organization is generally "any not-for-profit enterprise which is independently owned and operated and is not dominant in its field." Regarding incumbent cable television operations in the 12.75-13.25 GHz band, the SBA has developed a definition of small entities for cable and other pay television services, which includes all such companies generating $11 million or less in revenue annually. This definition includes cable systems operators, closed circuit television services, DBS services, multipoint distribution systems, satellite master antenna systems and subscription television services. According to the Census Bureau, there were 1,788 total cable and other pay television services and 1,423 had less than $11 million in revenue. The Communications Act also contains a definition of a small cable system operator, which is "a cable operator that, directly or through an affiliate, serves in the aggregate fewer than 1 percent of all subscribers in the United States and is not affiliated with any entity or entities whose gross annual revenues in the aggregate exceed $250,000,000." The Commission has determined that there are 61,700,000 subscribers in the United States. Therefore, we found that an operator serving fewer than 617,000 subscribers shall be deemed a small operator, if its annual revenues, when combined with the total annual revenues of all of its affiliates, do not exceed $250 million in the aggregate. Based on available data, we find that the number of cable operators serving 617,000 subscribers or less totals 1,450. We did not request nor did we collect information concerning whether cable system operators are affiliated with entities whose gross annual revenues exceed $250,000,000, and thus are unable at this time to estimate with greater precision the number of cable system operators that would qualify as small cable operators under the definition in the Communications Act. Regarding incumbent GSO FSS satellite use and the proposed NGSO FSS use in these requested bands, the Commission has not developed a definition of small entities applicable to geostationary or non-geostationary orbit fixed-satellite service applicants or licensees. Therefore, the applicable definition of small entity is the definition under the Small Business Administration (SBA) rules applicable to Communications Services, Not Elsewhere Classified. This definition provides that a small entity is one with $11.0 million or less in annual receipts. According to Census Bureau data, there are 848 firms that fall under the category of Communications Services, Not Elsewhere Classified, which could potentially fall into the geostationary or non-geostationary orbit fixed- satellite service category. Of those, approximately 775 reported annual receipts of $11 million or less and qualify as small entities. Generally, these NGSO and GSO FSS systems cost several millions of dollars to construct and operate. Therefore the NGSO and GSO FSS companies, or their parent companies, rarely qualify under this definition as a small entity. Regarding Auxiliary, Special Broadcast and other program distribution services in the Ku-band. This service involves a variety of transmitters, generally used to relay broadcast programming to the public (through translator and booster stations) or within the program distribution chain (from a remote news-gathering unit back to the station). The Commission has not developed a definition of small entities applicable to Broadcast Auxiliary Station (BAS) licensees. Therefore, the applicable definition of small entity is the definition under the Small Business Administration (SBA) rules applicable to radio broadcasting stations (SIC 4832) and television broadcasting stations (SIC 4833). These definitions provide, respectively, that a small entity is one with either $5.0 million or less in annual receipts or $10.5 million in annual receipts. 13 C.F.R.  121.201, SIC Codes 4832 and 4833. There are currently 3,237 FM translators and boosters, and 2,964 TV translators. The FCC does not collect financial information on any broadcast facility and the Department of Commerce does not collect financial information on these auxiliary broadcast facilities. We believe, however, that most, if not all, of these auxiliary facilities could be classified as small businesses by themselves. We also recognize that most translators and boosters are owned by a parent station which, in some cases, would be covered by the revenue definition of small business entity discussed above. These stations would likely have annual revenues that exceed the SBA maximum to be designated as a small business (as noted, either $5 million for a radio station or $10.5 million for a TV station). Furthermore, they do not meet the Small Business Act's definition of a "small business concern" because they are not independently owned and operated. Incumbent microwave services in the 10.7-11.7 GHz and 12.75-13.25 GHz bands include common carrier, private operational fixed, and BAS services. At present, there are 22,015 common carrier licensees, approximately 61,670 private operational fixed licensees and broadcast auxiliary radio licensees in the microwave services. Inasmuch as the Commission has not yet defined a small business with respect to microwave services, we will utilize the SBA's definition applicable to radiotelephone companies; i.e., an entity with no more than 1,500 persons. 13 C.F.R.  121.201, SIC Code 4812. We estimate, for this purpose, that all of the Fixed Microwave licensees (excluding broadcast auxiliary licensees) would qualify as small entities under the SBA definition for radiotelephone companies. D. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements We will apply the Part 25 rules governing reporting requirements for NGSO FSS systems. Specifically, licensees are required to file an annual report with the Commission describing: the status of satellite construction and anticipated launch dates, including any major delays or problems encountered; a listing of any unscheduled satellite outages for more than 30 minutes including the cause(s) of any such outages; and a detailed description of the utilization made of each satellite on each of the in-orbit satellites. E. Steps Taken to Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered The Commission adopts technical rules to facilitate spectrum sharing between new NGSO FSS systems in the Ku band and existing services in this spectrum. These technical rules are intended to allow new entrants into the spectrum without causing unacceptable interference to existing and future operations of incumbent services. We acknowledge that as the radio spectrum is increasingly used, it becomes more difficult to accommodate all requests for access to the radio spectrum, however, this action applies existing frequency coordination procedures to NGSO FSS systems sharing spectrum with fixed services. Frequency coordination should ensure that new operations of either service will protect existing operations and have access to spectrum if it is technically possible. The Commission also considered a proposal from the Fixed Service (FS) community to set aside some portion of the spectrum in the 10.7-11.7 GHz band for future FS deployment. The Commission declined this set aside because NGSO FSS and fixed systems should be able to coordinate operations and such an action would not lead to the most effective use of the spectrum. Additionally, in its comments and in a Petition for Rule Making, the fixed community requested that we change some aspects of the coordination and licensing procedures of FSS operations that share spectrum with fixed services. Because the issues raised by the fixed community address several spectrum bands which are not under consideration in this proceeding, we deferred on these issues to another proceeding that will address all these issues before NGSO FSS systems are licensed for this band. Regarding sharing between NGSO FSS systems and broadcast auxiliary ("BAS") operations, the Report and Order states that it will adopt some form of geographic protection areas for terrestrial operations in those bands used by NGSO FSS gateway stations. These protection areas will be defined in a future proceeding, but are intended to facilitate the growth of terrestrial operations, while not unnecessarily hindering the deployment of NGSO FSS systems. Further, to ensure BAS operations in all areas can continue to operate unencumbered by new NGSO FSS systems, the Report and Order set aside 4 BAS channels for exclusive use in all areas to ensure continued operations. Report to Congress: The Commission will send a copy of the Report and Order, including this FRFA, in a report to be sent to Congress pursuant to the Small Business Regulatory Enforcement Fairness Act of 1996, see 5 U.S.C.  801(a)(1)(A). In addition, the Commission will send a copy of the Report and Order including FRFA, to the Chief Counsel for Advocacy of the Small Business Administration. A copy of the Report and Order and FRFA (or summaries thereof) will also be published in the Federal Register. See 5 U.S.C.  604(b). APPENDIX C: NGSO FSS SYSTEM APPLICATIONS Boeing File No.: SAT-LOA-19990108-00006 Boeing has filed an application for authority to launch and operate a global constellation of NGSO FSS satellites. The proposed Boeing system consists of a twenty-satellite constellation operating at a medium earth orbit of 20,182 kilometers. The constellation consists of four orbital planes with five satellites per plane, inclined 57 degrees relative to the equator. Boeing request authority to operate its NGSO FSS system within the 12.75-13.25 GHz and 13.75-14.5 GHz bands for uplinks and within the 10.7-12.7 GHz band for downlinks. Specifically, Boeing proposes to use 326 MHz of service uplink spectrum and 1000 MHz of service downlink spectrum. Boeing also requests 600 MHz of spectrum for feeder uplinks and 1000 MHz for feeder downlinks. Boeing proposes to provide "bandwidth on demand" communication and data services. In addition, Boeing requests a waiver of Section 2.106 of the Commission's Rules in order to provide, on a secondary, non-interference basis, ancillary two-way data transmission services to user terminals affixed to mobile platforms. Hughes File No.: SAT-LOA-19990108-00002 Hughes has filed an application for authority to launch and operate a global Ku-band broadband satellite system called HughesLINK (H-LINK). The proposed system consists of twenty-two NGSO satellites, operating in medium-earth orbits at an altitude of 15,000 kilometers. Eight satellites are in an equatorial-plane and seven are each of two planes, inclined at 45 degrees. The proposed H-LINK system requests to operate in one gigahertz of spectrum within the 10.7-12.7 GHz band in Region 2 and the 10.7-12.75 GHz band in Regions 1 and 3 for downlinks and one gigahertz within the 12.75-13.25 GHz, 13.75-14.5, and 17.3-17.8 GHz (Regions 1 and 3 only) bands for uplinks. Inter-satellite links are proposed in optical frequency bands. H-LINK proposes to offer a wide variety of two-way, broadband services at data rates from 1.54 Mbps up to 155 Mbps, backbone infrastructure and Virtual Private Network. Hughes File No.: SAT-LOA-19990108-00003 Hughes has filed an application for authority to launch and operate a global Ku-band broadband satellite system called HughesNET (H-Net). The proposed system consists of a seventy NGSO satellite constellation operating at an altitude of 1490 kilometers. The constellation consists of ten planes, with seven satellites each, inclined at 54.5 degrees. H-Net proposes to operate in one gigahertz of spectrum within the 10.7-12.7 GHz band in Region 2 and the 10.70-12.75 GHz band in Regions 1 & 3 for downlinks and one gigahertz within the 12.75-13.25 GHz, 13.75-14.5, and 17.3-17.8 GHz bands (Regions 1 & 3 only) for uplinks. Optical inter-satellite link terminals are proposed for inter-operation with other satellites in the H-Net constellation. H-Net proposes to offer Internet access and support to both packet-switched and circuit-switched operation. SkyBridge File Nos.: SAT-AMD-1998-0630-00056 SAT-AMD-19990108-00004 SkyBridge has filed amendments to its pending applications for authority to launch and operate a global network of NGSO satellites. (See Public Notice, Report No. SPB-98, August 28, 1997 (accepting for filing the SkyBridge application, as amended by the 1997 Amendment); Public Notice, Report No. SPB-133, July 20, 1998 (accepting for filing the 1998 Amendment.) SkyBridge proposes several changes and clarifications to the SkyBridge application, as amended by the 1997 Amendment. SkyBridge, among other things, proposes to change the number of satellites in its system from sixty-four to eighty, revises its link budgets, revises frequency usage requirements and states it requires at least 2 GHz of contiguous spectrum for downlinks and at least 1.65 GHz for uplinks. SkyBridge also submitted a series of simulations that SkyBridge claims demonstrates its amended system's ability to meet the relevant provisional power limits adopted at the WRC-97. Teledesic File No.: SAT-LOA-19990108-0005 Teledesic has filed an application for authority to construct, launch, and operate a global constellation of NGSO FSS satellites. Teledesic's proposed system, to be known as the Ku-Band Supplement (KuBS) system, will be comprised of thirty satellites, in six orbital planes with five satellites operating at an altitude of approximately 10,320 kilometers. Teledesic requests to operate its KuBS satellites in the 12.75-13.25 GHz, 13.75-14.5 GHz, and 17.3-17.8 GHz bands for uplinks and the 10.7-12.7 GHz bands for downlinks. Teledesic also proposes to operate a separate backup TT&C in standard C-band TT&C frequencies. Teledesic proposes to operate the KuBS constellation primarily as a high-bandwidth supplement to its Teledesic Network system authorized in the Ka-band (20/30GHz). Teledesic proposes to provide FSS on a primary basis but requests authority to provide MSS on an ancillary, non-interference basis. Virgo File No.: SAT-LOA-19990108-00007 Virgo has filed an application for authority to launch and operate a global constellation of non-geostationary satellites operating in the FSS. The proposed system, VIRGO, consists of fifteen NGSO satellites operating in highly elliptical orbits operating at an altitude of 27,300 kilometers at apogee. Virgo proposes to operate with user uplinks in 14.0-14.5 GHz band and user downlinks in the 11.2-12.7 GHz band. Gateway links are proposed in the 12.75-13.25 GHz, 13.8-14.0 GHz, 17.3-17.8 GHz, and 5.925-6.725 GHz bands for uplinks and the 10.7- 11.2 GHz and 3.7-4.2 GHz bands for downlinks. Inter-satellite links are proposed in optical frequency bands. Virgo proposes to provide high speed Internet access and direct-to-home data and video services to small user terminals in most areas of the world. In addition, as noted in the Ku-Band Cut-Off Notice, the following two applications were filed in response to prior Bureau cut-off notices involving frequency bands different than those identified in the Ku-band Cut-Off Notice. One application was filed in response to the cut-off for applications to be considered in the 2 GHz band ; the other application was filed in response to the cut-off for applications above 40 GHz. Denali File Nos. 160-SAT-P/LA-97/13 SAT-AMEND-990108-00001 Denali filed an application in response to the Commission's cut-off for additional space station applications and letters of intent in the 36-51.4 GHz Frequency Band. (See Public Notice No. Report No. SPB-89 (rel. July 22, 1997)). Denali requests authority to launch and operate thirteen satellites in highly elliptical orbit to provide FSS and MSS for domestic, international and foreign communications. In its initial application, Denali requested, among other things, 200 MHz for downlinks in the band 11.7-12.2 GHz in North America and 12.5-12.7 GHz in Europe and Asia. In response to the Commission's Ku-Band Cut-Off Notice, however, Denali amended its application to change some of its spectrum requirements. Specifically, Denali now requests 1000 MHz of spectrum in the 10.7-12.7 GHz band (preferably the band 11.7-12.7 GHz) for downlinks and 750 MHz for uplinks in the 13.75-14.5 GHz band. APPENDIX D: COMMENTING PARTIES Comments Filed March 2, 1999: Association of American Railroads ("AAR") Association of Local Television Stations, Inc Boeing Company ("Boeing") Comsearch Denali Telecom, LLC ("Denali") DIRECTV, Inc. ("DIRECTV") EchoStar Communications Corporation ("EchoStar") Fixed Point-to-Point Communications Section et al. Fixed Wireless Communications Council ("FWCC") GE American Communications, Inc. ("GE") Global VSAT Forum Home Box Office et al. Hughes Communications, Inc. ("Hughes") Loral Space and Communications Ltd. ("Loral") National Association of Broadcasters National Academy of Sciences' Committee on Radio Frequencies ("CORF") Northpoint Technology, Ltd. ("Northpoint") OpTel, Inc. ("OpTel") PanAmSat Corporation et al. ("PanAmSat") Petroleum Communications, Inc. Qualcomm Incorporated ("Qualcomm") Satellite Broadcasting and Communications Association SBC Communications, Inc. ("SBC") SkyBridge L.L.C. ("SkyBridge") Society of Broadcast Engineers, Inc. ("SBE") Sullivan, Thomas M. Teledesic LLC ("Teledesic") Telesat Canada Tonga - Government of the Kingdom of United States Satellite Broadcasting Company, Inc. Virtual Geosatellite, L.L.C. ("Virgo") Reply Comments Filed April 14, 1999: Airtouch Communications, Inc. AAR Boeing DIRECTV Dominion Video Satellite, Inc. EchoStar EMS Technologies Fixed Point-to-Point Communications Section et al. FWCC GE Hughes LNR TrexCom Inc. Loral Northpoint OpTel PanAmSat Petroleum Communications, Inc. SkyBridge SBE Teledesic United States Satellite Broadcasting Company, Inc. Virgo APPENDIX E: PROPOSED RULES For the reasons discussed in the preamble, the FCC proposes to amend 47 C.F.R. Part 101 as follows: PART 101 - FIXED MICROWAVE SERVICES 1. The authority citation for Part 101 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 303. 2. Section 101.3 is amended by adding a definition for MVDDS in alphabetical order to read as follows:  101.3 Definitions. * * * * * Multichannel Video Distribution and Data Service (MVDDS). A microwave service licensed in the 12.2.-12.7 GHz band that provides various wireless services. 3. Section 101.101 is amended by revising the entry for 12,200-12,700 MHz table to read as follows:  101.101 Frequency availability. Frequency band (MHz) Radio Service Common carrier (Part 101) Private radio (Part 101) Broadcast auxiliary (Part 74) Other (Parts 15, 21, 24, 25, 74, 78 & 100) Notes * * * * * * * 12,200-12,700.. MVDDS MVDDS, POFS DBS, NGSO * * * * * * * * * * * * 3. Section 101.103(f) is revised to read as follows: 101.103 Frequency coordination procedures. * * * * * (f) When the proposed facilities are to be operated in the band 12,200-12,700 MHz, licensees must follow the procedures, technical standards, and requirements of Section 101.105 in order to protect the stations authorized under Part 100. 4. Section 101.105 is amended by adding paragraph (a)(4) and (a)(5) and revising paragraph (d) by adding the phrase "for incumbent non-MVDDS stations" after the words "12,200-12,700 MHz band" to read as follows: 101.105 Interference protection criteria. * * * OPTION ONE: (a)(4) MVDDS stations must operate on a non-harmful interference basis to Direct Broadcast Satellite (DBS) receivers. Interference to DBS receivers shall not increase the total outage of any system by more than 2.86% per year. Except for public safety entities, harmful interference protection from MVDDS stations to incumbent point-to-point 12 GHz fixed stations is not required. Incumbent point- to-point private operational fixed 12 GHz stations, except for public safety entities, are required to protect MVDDS stations under the process described in Section 101.103(d) of this subpart. OPTION TWO: (a)(4) MVDDS stations must operate on a non-harmful interference basis to Direct Broadcast Satellite (DBS) receivers. Interference to DBS receivers shall not increase the total outage of any system by not more than 10 minutes in any given month. Except for public safety entities, harmful interference protection from MVDDS stations to incumbent point-to-point 12 GHz fixed stations is not required. Incumbent point-to-point private operational fixed 12 GHz stations, except for public safety entities, are required to protect MVDDS stations under the process described in Section 101.103(d) of this subpart. (a)(5) All stations operating under this part must protect the radio quiet zones as required by Section 1.924 of the rules. Stations authorized by competitive bidding are cautioned that they must receive the appropriate approvals directly from the relevant quiet zone prior to operating. * * * * * (a)(5) All stations operating under this part must protect the radio quiet zones as required by Section 1.924 of the rules. Stations authorized by competitive bidding are cautioned that they must receive the appropriate approvals directly from the relevant quiet zone prior to operating. * * * * * 5. Section 101.107 is amended by revising footnote 6 to the Table in paragraph (a) to read as follows:  101.107 Frequency tolerance. (a) * * * (6) Applicable to private operations fixed point-to-point microwave stations and stations providing MVDDS service. * * * * * 6. Section 101.109 is amended by revising the entry for 12,200-12,700 MHz and by adding footnote 8 in the Table at the end of the section to read as follows: 101.109 Bandwidth. * * * * * (c) * * * Frequency band (MHz) Maximum authorized bandwidth * * * * * * * 12,200 to 12,700 8 500 MHz * * * * * * * * * * 8 For incumbent private operational fixed point-to-point stations in this band the maximum bandwidth shall be 20 MHz. * * * * * 7. Section 101.113 is amended by revising the entry for 12,200-12,700 MHz in the table and adding a new footnote 10 to the table in paragraph (a) to read as follows:  101.113 Transmitter power limitations. (a) * * * Frequency Band (MHz) Maximum allowable EIRP 1, 2 Fixed (dBW) Mobile (dBW) * * * * * * * 12,200 to 12,700 10........ +50 ..... * * * * * * * * * * 10 The urban area eirp for MVDDS stations is limited to 12.5 dBm (-17.5 dBw) with two exceptions: (1) those MVDDS systems where the transmitter is mounted on a mountain ridge that is over one kilometer from populated subscriber areas may use a higher eirp up to +10 dBw, provided that the increase will not cause the system to exceed the "unavailability criteria" we develop and (2) MVDDS transmitting systems located on tall structures that are adjacent to bodies of water or other significant and clearly unpopulated areas, may use a higher eirp up to +10 dBw, provided that the increase will not cause the system to exceed the "unavailability criteria." Incumbent point-to-point stations may use up to +50 dBW except for low power systems licensed under Section 101.147(q). * * * * * 8. Section 101.115 is amended by revising footnote 9 to the table in paragraph (c) to read as follows: 101.115 Directional antennas. * * * (c) * * * (9) Except for Temporary-fixed operations in the band 13200-13250 MHz with output powers less than 250 mW and as provided in Section 101.147(q), and except for receive antennas in the MVDDS service which shall only be required to have a minimum antenna gain of 34 dBi and may use circular or linear polarization. * * * * * 9. Section 101.139 is amended by revising the last sentence of paragraph (a) to read as follows:  101.139 Authorization of transmitters. (a) * * * Transmitters designed for use in the 31.0-31.3 GHz band and transmitters designed for MVDDS use in the 12,200-12,700 MHz band will be authorized under the verification procedure. * * * * * 11. Section 101.141 is amended by revising the first sentence of paragraph (a) to read as follows:  101.141 Microwave modulation. (a) Microwave transmitters employing digital modulation techniques and operating below 19.7 GHz must, with appropriate multiplex equipment, comply with the following additional requirements (except for MVDDS stations in the 12,200-12,700 MHz band): 12. Section 101.147 is amended by combining the entries in the frequency assignment table in paragraph (a) for 12,200-12,500 MHz and 12,500-12,700 MHz with a new footnote 28, adding a new sentence to the end of paragraph (p), and adding a new sentence to the beginning of paragraph (q) to read as follows:  101.147 Frequency assignments. (a) * * * * * * 12,200-12,700 MHz (28) * * * (28) Frequencies in this band are shared with Direct Broadcast Satellites on a secondary non-harmful interference basis and on a co-primary basis with non-geostationary satellites and can be used only for incumbent private operational fixed point-to-point service on a site by site basis and MVDDS. Incumbent public safety licensees shall be afforded protection from MVDDS and NGSO licensees, however all other licensees shall be secondary to MVDDS and NGSO licensees. * * * (p) * * * The 12.2-12.7 GHz band is also authorized for MVDDS service on a non-harmful interference basis to DBS receivers in this band and on a co-primary basis with NGSO FSS stations. OPTION ONE: (q) Applications for low power stations in the 12.2-12.7 GHz band are accepted. Existing stations are grandfathered subject to the following: * * * OPTION TWO: (q) Applications for low power stations in the 12.2-12.7 GHz band are no longer accepted. Existing stations are grandfathered subject to the following: * * * 10. Section 101.601 is amended by adding a sentence at the end of the introductory paragraph to read as follows:  101.601 Eligibility. * * * This subpart shall not apply to stations offering MVDDS in the 12.2-12.7 GHz band. * * * * * 11. A new proposed subpart of the rules under 101.1400 to read as follows: SUBPART P - MULTICHANNEL VIDEO DISTRIBUTION AND DATA SERVICE RULES FOR THE 12.2-12.7 GHZ BAND Note: Because the Commission is seeking comment on various proposals in some instances, alternative text is shown under the relevant proposed section headings. 101.1401 Service areas. 101.1403 Must carry rules. 101.1405 Channeling plan. 101.1407 Permissible operations for MVDDS. 101.1409 Treatment of incumbent licensees. 101.1411 Regulatory status and eligibility. 101.1413 License term and renewal expectancy. 101.1415 Partitioning and disaggregation. 101.1417 Annual report. 101.1421 Coordination of adjacent area MVDDS stations. 101.1423 Canadian and Mexican coordination. 101.1425 RF safety. 101.1427 Over-the-air reception devices rules (OTARD). 101.1437 MVDDS licenses subject to competitive bidding. 101.1438 Designated entities.  101.1401 Service areas. OPTION ONE: Multichannel Video Distribution and Data Service (MVDDS) is licensed on the basis of geographic areas. Each geographic area shall be licensed to one licensee. OPTION TWO: Multichannel Video Distribution and Data Service (MVDDS) is licensed on a site- by-site basis.  101.1403 Must carry rules. OPTION ONE: Licensees are required to provide all local television channels to subscribers within its area. If a license is partitioned, all relevant parties must provide every customer with all the local television channels in the entire area, not a portion thereof. MVDDS licensees are required to comply with the must- carry rules. See Multichannel Video and Cable Television Service Rules, Subpart D (Carriage of Television Broadcast Signals), 47 C.F.R.  76.51-76.70. OPTION TWO: Licensees are not required to provide all local television channels to subscribers within its area. MVDDS licensees are not required to comply with the must-carry rules. See Multichannel Video and Cable Television Service Rules, Subpart D (Carriage of Television Broadcast Signals), 47 C.F.R.  76.51-76.70.  101.1405 Channeling plan. OPTION ONE: Each license shall have one spectrum block of 500 megahertz per geographic area that can be divided into any size channels and should provide various digital wireless services to subscribers. Disaggregation is not allowed. OPTION TWO: Each license shall have one spectrum block of 500 megahertz per geographic area that can be divided into any size channels and should provide various digital wireless services to subscribers. Disaggregation is allowed.  101.1407 Permissible operations for MVDDS. MVDDS licensees must use spectrum in the 12.2-12.7 GHz band for digital fixed one-way direct-to- home/office wireless service. Mobile and aeronautical services are not authorized. Two-way services may be provided by using other spectrum or media for the return path.  101.1409 Treatment of incumbent licensees. Terrestrial point-to-point licensees in the 12.2-12.7 GHz band which were licensed prior to MVDDS or NGSO satellite stations are incumbent point-to-point stations and are not entitled to protection from harmful interference caused by later MVDDS or NGSO FSS entrants in the 12.2-12.7 GHz band, except for public safety stations which must be protected. MVDDS and NGSO FSS operators have the responsibility of resolving any harmful interference problems that their operations may cause to these incumbent point-to-point operations in the 12.2-12.7 GHz band. Incumbent public safety terrestrial point- to-point licensees may only make minor changes to their stations without losing this protection. This does not relieve current point-to-point licensees of their obligation to protect BSS operations in the subject frequency band. Point-to-point applications for new licenses, major amendments, or major modifications for the 12.2-12.7 GHz band are no longer accepted, including low-power operations.  101.1411 Regulatory status and eligibility. OPTION ONE: (a) MVDDS licensees are allowed to provide one-way video programming and data services on a non-common carrier basis. MVDDS is not treated as a common carrier service and is prohibited from providing switched voice and data services. OPTION TWO: (a) MVDDS licensees are allowed to provide one-way video programming and data services on a non-common carrier basis. MVDDS is treated as a common carrier service and is permitted to provide switched voice and data services. (b) MVDDS licensees in the 12.2-12.7 GHz band are subject to the requirements set forth in Section 101.7 of the Commission's Rules.  101.1413 License term and renewal expectancy. (a) The MVDDS license term is ten years, beginning on the date of the initial authorization grant. (b) Application of a renewal expectancy is based on the substantial service requirement which we define as a service that is sound, favorable, and substantially above a level of mediocre service which might minimally warrant renewal. At the end of the license term, the Commission will consider factors such as: (1) whether the licensee's operations service niche markets or focus on serving populations outside of areas serviced by other licensees; (2) whether the licensee's operations serve populations with limited access to telecommunications services; and (3) a demonstration of service to a significant portion of the population or land area of the licensed area. (c) The renewal application of a MVDDS licensee must include the following showings in order to claim a renewal expectancy: (1) a coverage map depicting the served and unserved areas; (2) a corresponding description of current service in terms of geographic coverage and population served or links installed in the served areas; and (3) copies of any Commission Orders finding the licensee to have violated the Communications Act or any Commission rule or policy and a list of any pending proceedings that relate to any matter described by the requirements for the renewal expectancy.  101.1415 Partitioning and disaggregation. OPTION ONE: MVDDS operators are allowed to partition licensed geographic areas. Disaggregation will be permitted by MVDDS licensees in the 12.2-12.7 GHz band. "Partitioning" is the assignment of geographic portions of a license along geopolitical or other boundaries. "Disaggregation" is the assignment of discrete portions or "blocks" of spectrum licensed to a geographic licensee or qualifying entity. OPTION TWO: MVDDS operators are allowed to partition licensed geographic areas. Disaggregation will not be permitted by MVDDS licensees in the 12.2-12.7 GHz band. "Partitioning" is the assignment of geographic portions of a license along geopolitical or other boundaries. "Disaggregation" is the assignment of discrete portions or "blocks" of spectrum licensed to a geographic licensee or qualifying entity.  101.1417 Annual report. Each MVDDS licensee shall file with the Commission two copies of a report by March 1 of each year for the preceding calendar year. This report must include the following: (1) name and address of licensee; (2) station(s) call letters and primary geographic service area(s); and (3) the following statistical information for the licensee's station (and each channel thereof): (i) the total number of separate subscribers served during the calendar year; (ii) the total hours of transmission service rendered during the calendar year to all subscribers; (iii) the total hours of transmission service rendered during the calendar year involving the transmission of local broadcast signals; and (iv) a list of each period of time during the calendar year in which the station rendered no service as authorized, if the time period was a consecutive period longer than 48 hours.  101.1421 Coordination of adjacent area MVDDS stations. MVDDS licensees in the 12.2-12.7 GHz band are required to develop sharing and protection agreements based on the design and architecture of their systems, in order to ensure that no harmful interference occurs within the same geographic area or between adjacent licensees or between adjacent areas.  101.1423 Canadian and Mexican coordination. Pursuant to Section 2.301 of this part, MVDDS systems in the United States within 56 km (35 miles) of the Canadian and Mexican border are granted conditional licenses, until final international agreements are approved. These systems may not cause harmful interference to stations in Canada or Mexico.  101.1425 RF safety. Stations with output powers that equal or exceed 1640 watts eirp will be subject to the routine environmental evaluation rules for radiation hazards, as set forth in Section 1.1307 of this part.  101.1427 Over-the-air reception devices rule (OTARD). The Over-the-Air Reception Devices Rule (OTARD) in Section 1.4000 of this part shall apply to the receive-only MVDDS antennas at subscribers' homes or offices.  101.1437 MVDDS licenses subject to competitive bidding. Mutually exclusive initial applications for MVDDS licenses in the 12.2-12.7 GHz band are subject to competitive bidding procedures. The procedures set forth in part 1, subpart Q, of this chapter will apply unless otherwise provided in this part.  101.1438 Designated entities. (a) Eligibility for small business provisions. (1) A very small business is an entity that, together with its controlling interests and affiliates, has average annual gross revenues not exceeding $3 million for the preceding three years. (2) A small business is an entity that, together with its controlling interests and affiliates, has average annual gross revenues not exceeding $15 million for the preceding three years. (3) An entrepreneur is an entity that, together with its controlling interests and affiliates, has average annual gross revenues not exceeding $40 million for the preceding three years. (4) For purposes of determining whether an entity meets any of the definitions set forth in paragraphs (a)(1), (a)(2), or (a)(3) of this section, the gross revenues of the entity, its controlling interests and affiliates shall be considered in the manner set forth in  1.2110(b) and (c) of this chapter. (5) A consortium of very small businesses is a conglomerate organization formed as a joint venture between or among mutually independent business firms, each of which individually satisfies the definition in paragraph (a)(1) of this section. A consortium of small businesses is a conglomerate organization formed as a joint venture between or among mutually independent business firms, each of which individually satisfies the definition in paragraph (a)(2) of this section. A consortium of entrepreneurs is a conglomerate organization formed as a joint venture between or among mutually independent business firms, each of which individually satisfies the definition in paragraph (a)(3) of this section. Where an applicant or licensee is a consortium of small businesses (or very small businesses or entrepreneurs), the gross revenues of each small business (or very small business or entrepreneur) shall not be aggregated. (b) Bidding credits. A winning bidder that qualifies as a very small business or a consortium of very small businesses as defined in this section may use the bidding credit specified in  1.2110(f)(2)(i) of this chapter. A winning bidder that qualifies as a small business or a consortium of small businesses as defined in this section may use the bidding credit specified in  1.2110(f)(2)(ii) of this chapter. A winning bidder that qualifies as an entrepreneur or a consortium of entrepreneurs as defined in this section may use the bidding credit specified in  1.2110(f)(2)(iii) of this chapter. APPENDIX F - INITIAL REGULATORY FLEXIBILITY ANALYSIS As required by the Regulatory Flexibility Act (RFA), the Commission has prepared this present Initial Regulatory Flexibility Analysis (IRFA) of the possible significant economic impact on small entities by the policies and rules proposed in this Further Notice of Proposed Rule Making (FNPRM). 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 FNPRM provided above in paragraph 346. The Commission will send a copy of the FNPRM, including this IRFA, to the Chief Counsel for Advocacy of the Small Business Administration. See 5 U.S.C. 603(a). In addition, the FNPRM and IRFA (or summaries thereof) will be published in the Federal Register. See id. A. Need for, and Objectives of, the Proposed Rules This rule making is being initiated to adopt licensing, service and technical rules for the Multichannel Video Data and Distribution Service (MVDDS) at 12.2-12.7 GHz. Our objectives are: (1) to accommodate the introduction of innovative services; and (2) to facilitate the sharing and efficient use of spectrum. B. Legal Basis for Proposed Rules The proposed action is authorized under the Administrative Procedure Act, 5 U.S.C.  553; and Sections 1, 4(i), 7, 301, 303, 308 and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C.  151, 154(i), 157, 301, 303, 308 and 309(j). C. Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply 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). A small organization is generally "any not-for-profit enterprise which is independently owned and operated and is not dominant in its field." The definition of small entity under the SBA rules for the radiotelephone industry provides that a small entity is a radiotelephone company employing fewer than 1,500 persons. The 1992 Census of Transportation, Communications, and Utilities, conducted by the Bureau of the Census, which is the most recent information available, shows that only 12 radiotelephone firms out of a total of 1,178 such firms that operated during 1992 had 1,000 or more employees. As of 1992, there were approximately 275,801 small organizations nationwide. The definition of "small governmental jurisdiction" is one with populations of fewer than 50,000. There are 85,006 governmental jurisdictions in the nation. This number includes such entities as states, counties, cities, utility districts and school districts. There are no figures available on what portion of this number has populations of fewer than 50,000. However, this number includes 38,978 counties, cities and towns, and of those, 37,556, or 96 percent, have populations of fewer than 50,000. The Census Bureau estimates that this ratio is approximately accurate for all government entities. Thus, of the 85,006 governmental entities, we estimate that 96 percent, or about 81,600, are small entities that may be affected by our rules. The proposed rules will affect all entities that intend to provide terrestrial MVDDS operations in the 12.2- 12.7 GHz band. In the FNPRM, the Commission seeks comment on whether to permit MVDDS licensees to use spectrum in the 12.2-12.7 GHz band for fixed one-way direct-to-home/business video and data services, as well as other types of services to which the spectrum may be used. The Commission states that it envisions the use of this spectrum for video service, but concedes that it does not know precisely the other types of services that licensees may seek to provide. If an auction is conducted for MVDDS, the Commission proposes to define three tiers of small businesses for the purpose of providing bidding credits to small entities. The Commission proposes to define the three tiers of small businesses as follows: an "entrepreneur" would be an entity with average annual gross revenues not exceeding $40 million for the preceding three years; a "small business" would be an entity with average annual gross revenues not exceeding $15 million for the preceding three years; and a "very small business" would be an entity with average annual gross revenues not exceeding $3 million for the preceding three years. The Commission will not know how many auction participants or licensees will qualify under these proposed definitions as entrepreneurs, small businesses, or very small businesses unless and until an auction is held. Even after that, the Commission will not know how many licensees will partition their license areas or disaggregate their spectrum blocks, if partitioning and disaggregation are allowed. In view of our lack of knowledge about the entities that will seek MVDDS licenses, we assume that, for purposes of our evaluations and conclusions in the IRFA, all prospective licensees are entrepreneurs, small businesses, or very small businesses under our proposed definitions. We invite comment on this analysis. D. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements Applicants for MVDDS licenses may be required to submit applications. If an auction is held, applicants will be required under our proposed rules to submit an FCC Form 175 short-form application prior to the auction, and auction winners will be required to file an FCC Form 601 license application. Additionally, the Commission proposes to require the filing of certain documents (e.g., coverage maps) to substantiate renewal expectancies with information demonstrating substantial service upon license renewal. We request comment on how these proposed requirements can and/or should be modified to reduce the burden on small entities and still meet the objectives of the proceeding. E. Steps Taken to Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered The RFA requires an agency to describe any significant alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives: (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 or 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. We have reduced burdens wherever possible. To provide opportunities for small entities to participate in any auction that is held, we propose to provide bidding credits for entrepreneurs, small businesses, and very small businesses as defined in Section C of this IRFA. The bidding credits proposed are 15 percent for entrepreneurs, 25 percent for small businesses, and 35 percent for very small businesses. In the FNPRM, the Commission seeks comment on its proposed small business definitions and bidding credits, thus providing interested parties with an opportunity to suggest alternatives. Our proposed partitioning and disaggregation rules are also intended to help small entities acquire licenses. The regulatory burdens we have retained are necessary in order to ensure that the public receives the benefits of innovative new services in a prompt and efficient manner. We will continue to examine alternatives in the future with the objectives of eliminating unnecessary regulations and minimizing any significant economic impact on small entities. We seek comment on significant alternatives commenters believe we should adopt. F. Federal Rules that May Duplicate, Overlap, or Conflict With the Proposed Rules None. APPENDIX G - EXAMPLES OF DBS SERVICE OUTAGES FOR DIFFERENT PERCENTAGES OF SERVICE UNAVAILABILITY (45 cm antenna) Table 1 EchoStar @ 119 WL DBS satellite orbital location degrees 119.0 119.0 119.0 119.0 Earth station location Denver, CO Washington, D.C. Seattle, WA Miami, FL DBS satellite e.i.r.p. towards the Earth station location dBW 48.8 52.6 46.7 52.6 Earth station elevation above mean sea level mm 1.58 0.01 0.01 0.0 Earth station elevation angle degrees 41.8 27.6 35.2 37.7 Free space loss dB 205.9 206.1 206.0 205.9 Earth station antenna miss-pointing error dB 0.5 0.5 0.5 0.5 Atmospheric absorption dB 0.2 0.2 0.2 0.2 Clear-sky receive system noise temperature Kelvin 85 85 85 85 Clear-sky earth station antenna G/T dB 14.5 14.5 14.5 14.5 C/I for other assignments in the BSS Plan dB 20.0 20.0 20.0 20.0 Clear-sky feeder link C/(N+I) dB 26.2 26.2 26.2 26.2 Clear-sky carrier-to-noise plus interference ratio dB 10.7 13.6 8.9 13.7 Required C/(N+I) for operating threshold dB 6.1 6.1 6.1 6.1 Link margin dB 4.6 7.5 2.8 7.7 Rain margin dB 1.82 4.1 0.93 4.22 Rain intensity exceeded for 0.01% of an average year mm/h 30.3 48.2 36.1 95.7 Satellite link availability for an average year % 99.98 99.92 99.71 99.59 Satellite link unavailability for an average year % 0.0207 0.0843 0.2873 0.4120 Total link unavailable time for an average year minutes 108.8 443.1 1510 2165.5 10% of the unavailable time in an average year minutes 10.9 44.3 151.0 216.6 5% of the unavailable time in an average year minutes 5.4 22.2 75.5 108.3 2.86% of the unavailable time in an average year minutes 3.1 12.7 43.2 61.9 Satellite link unavailability for the worst-month % 0.0978 0.3316 0.9361 1.3177 Total link unavailable time for the worst-month minutes 42.8 145.2 421.8 577.1 10% of the unavailable time in the worst-month minutes 4.3 14.5 42.2 57.7 5% of the unavailable time in the worst-month minutes 2.1 7.26 21.1 28.9 2.86% of the unavailable time in the worst-month minutes 1.2 4.2 12.1 16.5 Rainy sky C/I for a 2.86% increase in link unavailability dB 24.2 22.9 25.0 22.3 Table 2 DIRECTV @ 101 WL DBS satellite orbital location degrees 101.0 101.0 101.0 101.0 Earth station location Denver, CO Washington, D.C. Seattle, WA Miami, FL DBS satellite e.i.r.p. towards the Earth station location dBW 49.4 52.4 48.4 53.4 Earth station elevation above mean sea level km 1.58 0.01 0.01 0.0 Earth station elevation angle degrees 43.8 38.5 31.5 52.0 Free space loss dB 205.8 205.9 206.0 205.7 Earth station antenna miss-pointing error dB 0.5 0.5 0.5 0.5 Atmospheric absorption dB 0.2 0.2 0.2 0.2 Clear-sky receive system noise temperature Kelvin 125 125 125 125 Clear-sky earth station antenna G/T dB 12.9 12.9 12.9 12.9 C/I for other assignments in the BSS Plan dB 20.7 20.7 20.7 20.7 Clear-sky feeder link C/(N+I) dB 24.2 24.2 24.2 24.2 Clear-sky carrier-to-noise plus interference ratio dB 10.0 12.4 8.9 13.3 Required C/(N+I) for operating threshold dB 5.0 5.0 5.0 5.0 Link margin dB 5.0 7.4 3.9 8.3 Rain margin dB 2.47 4.47 1.76 5.42 Rain intensity exceeded for 0.01% of an average year mm/h 30.3 48.2 36.1 95.7 Satellite link availability for an average year % 99.99 99.96 99.88 99.82 Satellite link unavailability for an average year % 0.0104 0.0418 0.1186 0.1758 Total link unavailable time for an average year minutes 54.7 219.7 623.4 924.0 10% of the unavailable time in an average year minutes 5.5 22.0 62.3 92.4 5% of the unavailable time in an average year minutes 2.7 11.0 31.2 46.2 2.86% of the unavailable time in an average year minutes 1.6 6.3 17.8 26.4 Satellite link unavailability for the worst-month % 0.0537 0.1802 0.4462 0.6283 Total link unavailable time for the worst-month minutes 23.5 78.9 195.4 275.2 10% of the unavailable time in the worst-month minutes 2.4 7.9 19.5 27.5 5% of the unavailable time in the worst-month minutes 1.2 3.9 9.8 13.8 2.86% of the unavailable time in the worst-month minutes 0.7 2.3 5.6 7.9 Rainy sky C/I for a 2.86% increase in link unavailability dB 23.5 22.1 23.6 21.3 APPENDIX H -- A METHOD OF CONVERTING PERCENTAGE OF UNAVAILABLE TIME INTO A CARRIER-TO-INTERFERENCE RATIO This appendix presents a method for determining the relationship between DBS service outage time and a DBS system's carrier-to-noise plus interference ratio (C/N+I). Specifically, this method can be used to determine the C/I that a terrestrial system needs to meet in relation to a DBS satellite system to keep service disruptions of the satellite system to a certain amount of outage time. In this case the terrestrial system represents the interference and the satellite system represents the desired carrier. The availability of a satellite space-to-Earth link is defined as the total amount of time that the satellite service is available to the user without disruption. Conversely, the unavailability of that same link is the total time during which the user is without service (outage). Generally, availability and unavailability are expressed in terms of percentage of time of an average year (8766 hours) or the worst month in an average year. These two variables are complementary and always sum to 100 percent. For example if a satellite system has an availability of 99.7%, its unavailability is 0.3% which equates to total outage time of 26.3 hours averaged over a year. In a shared environment (satellite and terrestrial service), the total unavailability can be attributed to two sources: natural propagation phenomenon such as precipitation (e.g., rain) in the space-to-earth path and external radio interference. In the frequency bands used by DBS for downlink (12.2-12.7 GHz), the predominant propagation impairment is rain attenuation in the space-to-earth slant path. The amount of service outage caused by rain can be estimated using the prediction procedures of ITU-R Recommendation P.618-6. This rain attenuation model predicts, for a given geographic area, the average service outage time over an average year for a specific level of precipitation attenuation along the space-to-earth slant path. To determine the portion of the total C/I that is attributable to a terrestrial system, we first establish the amount of outage time of the DBS space-to-earth link that is caused by precipitation only. This outage time is directly dependent on the link margin of the space-to-earth link, which is calculated from the system's link power budget. Link margin is the amount of power received at the earth station receiver above its operating threshold that is designed into the satellite link to overcome the effects of rain and other impediments. During rain, the satellite link is affected in two ways: the carrier signal strength is attenuated due to rain and the rain causes an increase in the system's noise temperature. If the rain attenuation and earth station G/T (gain / system noise temperature) degradation cause a reduction to the carrier-to-noise (C/N) power that exceeds the available link margin, the satellite link will experience an outage. The amount of attenuation due to rain that causes an outage is referred to as the rain margin. The satellite link budget (carrier-to-noise plus interference ratio) and the associated rain margin can be derived from the parameters identified in Table B-1. It is evident from the table that the rain margin depends on the DBS satellite E.I.R.P. in the direction of the receiving earth station, the free space path loss, the earth station antenna gain-to-system noise temperature (G/T) ratio and the operating threshold. Once the link margin is known, one can proceed to determine the rain margin. This is accomplished by adding a rain attenuation term to the equation used to find the clear-sky carrier-to-noise ratio to instead find a rainy- sky carrier-to-noise ratio. Additionally, the G/T must be recalculated to account for the increase in atmospheric noise due to the rain. Thus, the G/T will be reduced during a rain event and the rain margin will be less than the link margin. Once the rain margin is determined, the expected outage time of a satellite link in an average year or in the worst month can be computed using the prediction method contained in ITU-R Recommendation P.618-6. This recommendation entitled "Propagation Data and Prediction Method required for the Design of Earth-Space Telecommunication Systems" provides a procedure to estimate the long-term statistics of the space-to-earth path precipitation attenuation and the associated percentage of outage time. Now that the percentage of outage time due solely to rain is known, we can reverse the procedure to determine the minimum C/I that a terrestrial system must maintain to effect a specific amount of additional outage time on the satellite system. First, the additional outage time must be determined, either as a percentage of additional outage time or a number of minutes per time period. This additional outage time can then be added to the outage time due to rain only to find the `equivalent unavailability.' For example, if a satellite space-to-earth link has an unavailability of 0.3% and the minimum C/I for the terrestrial system to cause no more than an additional 10% outage is to be determined, the equivalent unavailability would be 0.33% (0.3 * 1.1). Using the equivalent unavailability, the ITU rain model can be used to find the corresponding `equivalent rain margin.' That is, the ITU model can be used to find the amount of attenuation associated with the increased outage time. This change in attenuation is attributed to interference from the terrestrial system. The C/I for the terrestrial system can now be found by modifying the methodology used to determine the satellite link budget (carrier-to-noise plus interference ratio). The terrestrial system is factored into the link budget by adding a term representing its C/I. By using the equivalent rain margin in the link budget, we find an `equivalent link margin.' We can then find the C/I of the terrestrial system that causes the reduction of the equivalent link margin to zero. This is the minimum C/I that the terrestrial system must maintain to cause no more than the amount of additional outage time chosen. It is important to note that the above methodology results in the rainy-sky C/I for the terrestrial service interference, which would produce the additional outage time at the DBS earth station. The reason for calculating the rainy-sky C/I is based on the assumption that in a typical satellite path, rain cells in the space-to-earth slant path are generally to the south of the earth station location. Because the terrestrial interfering path generally emanates from the north of the DBS earth station location, it will usually not be in the rain cell. Thus, at the time when a rain cell in the space-to-earth path attenuates a DBS signal, the terrestrial signal will not similarly be attenuated. Therefore, the calculated C/I is performed by not fading the terrestrial signal with rain. Table B-2 provides an example of the process described above. Table B-1: Required Parameters for the Determination of DBS Link Rain Margin and Satellite Link Availability and Unavailability Input Parameters: 1. Satellite longitude; 2. Earth station location (latitude and longitude); 3. Earth station altitude above mean sea level (AMSL); 4. Satellite E.I.R.P. in the direction of the DBS earth station; 5. The operating frequency; 6. The required operating threshold for the DBS earth station receiver; 7. Receiver noise bandwidth; 8. Earth station antenna diameter; 9. Earth station antenna pointing loss towards the DBS satellite; 10. Clear-sky earth station system noise temperature; 11. Atmospheric absorption; 12. Carrier-to-interference ratio from other assignments in the BSS plan; 13. Clear-sky feeder link carrier-to-interference ratio; 14. Boltzman's constant. Calculation method: (A) Calculate the distance and elevation angle between satellite and earth station using the satellite longitude (1) and the earth station location (2). (B) Calculate the free space transmission loss using the distance (A) and the operating frequency (5). (C) Calculate DBS antenna gain using the operating frequency (5) and the earth station antenna diameter (8). (D) Calculate the clear-sky G/T ratio using the antenna gain (C) and the clear-sky earth station system noise temperature (10). (E) Calculate the clear-sky carrier-to-noise ratio using the E.I.R.P. (4), free space transmission loss (B), earth station antenna pointing loss (9), clear-sky G/T (D), receiver noise bandwidth (7), Boltzman's constant (14) and atmospheric absorption (11). (F) Calculate the clear-sky carrier-to-noise plus interference ratio using the clear-sky carrier-to-noise ratio (E), the carrier-to-interference ration from other assignments in the BSS plan (12), and the clear-sky feeder link carrier-to-interference ratio (13) (G) Calculate the link and rain margins using the clear-sky carrier-to-noise plus interference ratio (F) and the operating threshold (6). (H) Calculate the satellite link unavailability using ITU-R Recommendation P.618-6, the rain margin (G), earth station location (2), earth station elevation angle (A), AMSL (3), and operating frequency (5). (I) Determine the acceptable increase in unavailability due to terrestrial service interference and calculate equivalent unavailability of the satellite by adding the satellite link unavailability (H) and the increase in unavailability due to terrestrial interference. (J) Determine the equivalent rain margin using the equivalent unavailability (I) and ITU-R Recommendation P.618-6. (K) Determine the C/I for the terrestrial interference using the equivalent rain margin (J) in the step (G) calculation. Table B-2: An Example of A Satellite Downlink Power Budget, Rain Margin, Unavailability and Carrier- to-Interference Ratio A. Inputs Satellite longitude degrees 119.0 Earth station latitude and longitude (lat/long) degrees 38.90/77.01 Earth station altitude above mean sea level km 0.01 Satellite e.i.r.p. in the direction of the DBS earth station dBW 52.6 Operating frequency GHz 12.45 Required operating threshold dB 6.1 Receiver noise bandwidth MHz 24.0 Earth station antenna diameter m 0.45 Earth station antenna pointing loss towards the satellite dB 0.5 Clear-sky earth station antenna system noise temperature Kelvin 85.0 Atmospheric absorption dB 0.2 C/I for other assignments in the BSS Plan dB 20.0 Clear-sky feeder link C/(N+I) dB 26.2 Boltzman's constant dB 228.6 B. Calculate Distance from GSO satellite to earth station km 38,825 Earth station antenna elevation angle degrees 27.6 Free space path loss dB 206.1 Earth station antenna gain dBi 33.83 Clear-sky earth station antenna G/T dB 14.5 Clear-sky carrier-to-thermal noise ratio dB 15.1 Clear-sky carrier-to-thermal noise plus interference ratio dB 13.6 Clear-sky link margin dB 7.5 Rain margin dB 4.08 Satellite link unavailability due to rain % 0.0843 Calculated satellite link availability % 99.9157 Acceptable increase in unavailability due to terrestrial service interference % 2.86 Equivalent unavailability due to rain and terrestrial interference % 0.0867 Equivalent rain margin dB 4.018 Rainy sky C/I for the terrestrial service interference dB 22.9 APPENDIX I - PROPOSED MVDDS/DBS SHARING ARRANGEMENT AND COMPUTATION OF THE MVDDS/DBS REMEDIATION ZONE We propose to define "mitigation zones" in each geographic area by describing an interference contour centered around a terrestrial transmitter beyond which rain outages to DBS subscribers in the presence of MVDDS operations do not exceed normal rain outages by more than a predetermined amount. This mitigation zone would be defined by an MVDDS carrier to interference (C/I) ratio, using each MVDDS transmitter site as the center of the plot, and the rain prediction procedures described in ITU-R Recommendation P.618-6. As discussed in the Further Notice, the criteria for determining the C/I and thus the size of the mitigation zone can be based on a percentage or minute increase in unavailability in an average year or in the worst-month. Inside each mitigation zone, the MVDDS provider would be responsible for fixing complaints of outages beyond the parameters defined in the First R&O and repeated above. Mitigation of complaints can be accomplished by, but are not limited to, the following techniques: shielding, relocating, or upgrading DBS receive antennas. As detailed in Appendix H, the acceptable C/I ratio is based on an increase of the unavailability of the DBS link in a rainy environment. This appendix provides an example of constructing the mitigation zone based on a given C/I ratio. The size and the shape of that zone depend on many elements, which are identified below. We note that the record in this proceeding indicates that interested parties have developed similar methods of calculating mitigation zones. In a static DBS-terrestrial environment, the carrier-to-interference ratio is generally described by: C/I = E.I.R.P.sat ? BTLsat ? ATM ? MIS ? RAIN + GMdbs ? (E.I.R.P.ts + Gts(?) ? BTLts + Gdbs(?) ? XPdbs) + 10 log(BWR) (1) where: E.I.R.P.sat = the DBS satellite E.I.R.P. in the direction of the desired earth station, dBW BTLsat = the basic transmission loss from the space craft to the desired earth station, dB ATM = the atmospheric gaseous absorption at 12.45 GHz, dB MIS = the DBS receiving antenna mispointing loss, dB RAIN = the rain margin of the DBS service at the desired earth station location, dB GMdbs = the maximum gain of the DBS receiving antenna, dBi E.I.R.P.ts = the terrestrial service maximum E.I.R.P., dBW Gts(?) = the terrestrial transmit antenna relative gain (normalized) in the direction of the DBS receiver, dBi BTLts = the basic transmission loss from the terrestrial transmitter to the DBS receiver, dB Gdbs(?) = the DBS receiving antenna gain in the direction of the terrestrial transmitter, dBi XPdbs = the DBS receiving antenna sidelobe polarization isolation, dB BWR = the ratio of the terrestrial emission bandwidth and the DBS emission bandwidth. The basic transmission loss (i.e., free space propagation loss) is given by the equation: 32.44 + 20 log(F) + 20 log(D) (2) where: F = the operating frequency (F) is expressed in megahertz; and D = the distance between the transmitter and the receiver expressed in kilometers For the purpose of this example, we assume the following values for parameters identified in equation (1): F = 12450 MHz, (i.e., the middle of the 12.2-12.7 GHz band); ATM = 0.2 dB (absorption due to atmospheric gases (oxygen and water vapor)); MIS = 0.5 dB (DBS antenna mispointing loss); BWR = 1 (bandwidth ratio); GMdbs = 33.83 dBi (for a typical 45-cm diameter antenna); and XPdbs = 0 dB (DBS antenna sidelobe polarization isolation). Therefore, from equations (1) and (2), the separation distance (Dts) between the terrestrial transmitter and the DBS receiver where the C/I equals the acceptable value can be derived: 20 log(Dts) = C/I - E.I.R.P.sat + Gdbs(?) + E.I.R.P.ts + Gts(?) + 20 log(Dsat) + RAIN - 33.13 (3) Equation (3) reflects the fact that the size and the shape of the mitigation zone are highly dependent on the DBS receiving antenna pattern and the MVDDS transmitter antenna pattern. Using equation 3 and the parameters contained in the following table, we show an example mitigation zone in Figure I-1. This mitigation zone is drawn for a DBS earth station located in Washington, DC receiving a signal from the DBS satellite located at 101o W.L. Earth station location Degrees 38.898 Latitude, 77.009 Longitude Height of the terrestrial antenna m 100 Carrier-to-interference ratio dB C/I 15.9 DBS satellite e.i.r.p. dBW E.I.R.P.sat 52.4 DBS earth station antenna pattern Gdbs(?) DIRECTV, April 11, 1994 Terrestrial antenna maximum e.i.r.p. dBW E.I.R.P.ts -17.5 Terrestrial transmitter antenna pattern Gts(?) Northpoint, March 17, 2000 Distance to the DBS satellite km Dsat 37900 Rain attenuation dB RAIN 4.47 Figure I-1 Example mitigation zone for Washington, DC from DBS satellite located at 101o WL. It should be noted that, in the detailed calculation, the DBS receiving antenna pattern should include the effect of frequency at 12.2 GHz, 12.45 GHz, and 12.7 GHz. Similarly, the terrestrial antenna relative gain should also include the effect of frequency in both the azimuth and elevation gains. APPENDIX J: UNAVAILABILITY STATISTICS FOR INCREASES IN DBS OUTAGES OF 2.86%, 60 MINUTES, AND 30 MINUTES ANNUALLY (45 cm antenna) Unavailability Statistics for DIRECTV Satellite at 101o W.L for Top Markets (Statistics computed using inputs as listed in Appendix G and the method described in Appendix H) Market Average Yearly Statistics Increased Outage = 2.86% Increased Minutes of Outage = 60 min. Increased Minutes of Outage = 30 Min. Percentage of Availability Minutes of Outage Percentage of Availability Minutes of Outage Increased Minutes of Outage Change in Percentage of Availability Change in Percentage of Availability = 0.0114 % Change in Percentage of Availability = 0.0057 % Percentage of Availability Minutes of Outage Percentage of Availability Minutes of Outage New York 99.9466 280.7 99.9451 288.6 7.9 0.0015 99.9352 340.7 99.9409 310.7 Los Angeles 99.9731 141.4 99.9723 145.6 4.2 0.0008 99.9617 201.4 99.9674 171.4 Chicago 99.9637 190.8 99.9627 196.2 5.4 0.0010 99.9523 250.8 99.9580 220.8 Philadelphia 99.9567 227.6 99.9555 234.1 6.5 0.0012 99.9453 287.6 99.9510 257.6 San Francisco 99.9364 334.3 99.9346 343.8 9.5 0.0018 99.9250 394.3 99.9307 364.3 Boston 99.9578 221.8 99.9566 228.1 6.3 0.0012 99.9464 281.8 99.9521 251.8 Washington, DC 99.9582 219.7 99.9570 226.0 6.3 0.0012 99.9468 279.7 99.9525 249.7 Dallas 99.8332 876.7 99.8284 901.8 25.1 0.0048 99.8218 936.7 99.8275 906.7 Detroit 99.9501 262.3 99.9487 269.8 7.5 0.0014 99.9387 322.3 99.9444 292.3 Atlanta 99.9475 275.9 99.9460 283.8 7.9 0.0015 99.9361 335.9 99.9418 305.9 Houston 99.7823 1144.2 99.7761 1177.0 32.8 0.0062 99.7709 1204.2 99.7766 1174.2 Seattle 99.8814 623.4 99.8780 641.2 17.8 0.0034 99.8700 683.4 99.8757 653.4 Cleveland 99.9352 340.6 99.9333 350.3 9.7 0.0019 99.9238 400.6 99.9295 370.6 Minneapolis 99.9506 259.6 99.9492 267.1 7.5 0.0014 99.9392 319.6 99.9449 289.6 Tampa 99.8644 712.7 99.8605 733.1 20.4 0.0039 99.8530 772.7 99.8587 742.7 Miami 99.8242 924.0 99.8192 950.4 26.4 0.0050 99.8128 984.0 99.8185 954.0 Phoenix 99.9385 323.2 99.9367 332.5 9.3 0.0018 99.9271 383.2 99.9328 353.2 Denver 99.9896 54.7 99.9893 56.2 1.5 0.0003 99.9782 114.7 99.9839 84.7 Pittsburgh 99.9576 222.9 99.9564 229.2 6.3 0.0012 99.9462 282.9 99.9519 252.9 Sacramento 99.9229 405.2 99.9207 416.8 11.6 0.0022 99.9115 465.2 99.9172 435.2 St. Louis 99.9570 226.0 99.9558 232.5 6.5 0.0012 99.9456 286.0 99.9513 256.0 Orlando 99.8543 765.8 99.8501 787.7 21.9 0.0042 99.8429 825.8 99.8486 795.8 Portland 99.9122 461.5 99.9097 474.7 13.2 0.0025 99.9008 521.5 99.9065 491.5 Indianapolis 99.9458 284.9 99.9442 293.0 8.1 0.0016 99.9344 344.9 99.9401 314.9 San Diego 99.9817 96.2 99.9812 98.9 2.7 0.0005 99.9703 156.2 99.9760 126.2 Charlotte 99.9577 222.3 99.9565 228.7 6.4 0.0012 99.9463 282.3 99.9520 252.3 Cincinnati 99.9410 310.1 99.9393 319.0 8.9 0.0017 99.9296 370.1 99.9353 340.1 Kansas City 99.9642 188.2 99.9632 193.5 5.3 0.0010 99.9528 248.2 99.9585 218.2 Milwaukee 99.9486 270.2 99.9471 277.9 7.7 0.0015 99.9372 330.2 99.9429 300.2 Nashville 99.9625 197.1 99.9614 202.7 5.6 0.0011 99.9511 257.1 99.9568 227.1 Columbus 99.9634 192.4 99.9624 197.9 5.5 0.0010 99.9520 252.4 99.9577 222.4 Greenville 99.9378 326.9 99.9360 336.3 9.4 0.0018 99.9264 386.9 99.9321 356.9 Unavailability Statistics for EchoStar Satellite at 119o W.L for Top Markets (Statistics computed using inputs as listed in Appendix G and the method described in Appendix H) Market Average Yearly Statistics Increased Outage = 2.86% Increased Minutes of Outage = 60 Min. Increased Minutes of Outage = 30 Min. Percentage of Availability Minutes of Outage Percentage of Availability Minutes of Outage Increased Minutes of Outage Change in Percentage of Availability Change in Percentage of Availability = 0.0114 % Change in Percentage of Availability = 0.0057 % Percentage of Availability Minutes of Outage Percentage of Availability Minutes of Outage New York 99.9406 312.2 99.9389 321.1 8.9 0.0017 99.9292 372.6 99.9349 342.2 Los Angeles 99.9293 371.6 99.9273 382.2 10.6 0.0020 99.9179 431.6 99.9236 401.6 Chicago 99.9243 397.9 99.9221 409.3 11.4 0.0022 99.9129 457.9 99.9186 427.9 Philadelphia 99.9328 353.2 99.9309 363.3 10.1 0.0019 99.9214 413.2 99.9271 383.2 San Francisco 99.8544 765.3 99.8502 787.2 21.9 0.0042 99.8430 825.3 99.8487 795.3 Boston 99.9301 367.4 99.9281 377.9 10.5 0.0020 99.9187 427.4 99.9244 397.4 Washington, DC 99.9157 443.1 99.9133 455.8 12.7 0.0024 99.9043 503.1 99.9100 473.1 Dallas 99.6790 1687.2 99.6698 1735.4 48.2 0.0092 99.6676 1747.2 99.6733 1717.2 Detroit 99.9407 311.7 99.9390 320.6 8.9 0.0017 99.9293 371.7 99.9350 341.7 Atlanta 99.8431 824.7 99.8386 848.3 23.6 0.0045 99.8317 884.7 99.8374 854.7 Houston 99.5827 2193.3 99.5708 2256.1 62.8 0.0119 99.5713 2253.3 99.5770 2223.3 Seattle 99.7127 1510.0 99.7045 1553.2 43.2 0.0082 99.7013 1570.0 99.7070 1540.0 Cleveland 99.9209 415.7 99.9186 427.6 11.9 0.0023 99.9095 475.7 99.9152 445.7 Minneapolis 99.9289 373.7 99.9269 384.4 10.7 0.0020 99.9175 433.7 99.9232 403.7 Tampa 99.6911 1623.6 99.6823 1670.0 46.4 0.0088 99.6797 1683.6 99.6854 1653.6 Miami 99.5880 2165.5 99.5762 2227.4 61.9 0.0118 99.5766 2225.5 99.5823 2195.5 Phoenix 99.8337 874.1 99.8289 899.1 25.0 0.0048 99.8223 934.1 99.8280 904.1 Denver 99.9793 108.8 99.9787 111.9 3.1 0.0006 99.9679 168.8 99.9736 138.8 Pittsburgh 99.9439 294.9 99.9423 303.3 8.4 0.0016 99.9325 354.9 99.9382 324.9 Sacramento 99.8231 929.8 99.8180 956.4 26.6 0.0051 99.8117 989.8 99.8174 959.8 St. Louis 99.8052 1023.9 99.7996 1053.2 29.3 0.0056 99.7938 1083.9 99.7995 1053.9 Orlando 99.6616 1778.6 99.6519 1829.5 50.9 0.0097 99.6502 1838.6 99.6559 1808.6 Portland 99.8769 647.0 99.8734 665.5 18.5 0.0035 99.8655 707.0 99.8712 677.0 Indianapolis 99.8722 671.7 99.8685 690.9 19.2 0.0037 99.8608 731.7 99.8665 701.7 San Diego 99.9490 268.1 99.9475 275.7 7.6 0.0015 99.9376 328.1 99.9433 298.1 Charlotte 99.8933 560.8 99.8902 576.9 16.1 0.0031 99.8819 620.8 99.8876 590.8 Cincinnati 99.9004 523.5 99.8976 538.5 15.0 0.0028 99.8890 583.5 99.8947 553.5 Kansas City 99.8965 544.0 99.8935 559.6 15.6 0.0030 99.8851 604.0 99.8908 574.0 Milwaukee 99.9190 425.7 99.9167 437.9 12.2 0.0023 99.9076 485.7 99.9133 455.7 Nashville 99.9157 443.1 99.9133 455.8 12.7 0.0024 99.9043 503.1 99.9100 473.1 Columbus 99.9091 477.8 99.9065 491.4 13.6 0.0026 99.8977 537.8 99.9034 507.8 Greenville 99.8513 781.6 99.8470 803.9 22.3 0.0043 99.8399 841.6 99.8456 811.6 SEPARATE STATEMENT OF COMMISSIONER HAROLD FURCHTGOTT-ROTH, Approving in Part, Dissenting in Part Re: Amendment of Parts 2 and 25 of the Commission's Rules to Permit Operation of NGSO FSS Systems Co-Frequency with GSO and Terrestrial Systems in the Ku-Band Frequency Range; et al, ET Docket No. 98-206 (Adopted November 29, 2000). Today's item is an important milestone in what has been a very long road. Our Order paves the way for implementation of the historic sharing agreement reached between the incumbent geostationary orbit ("GSO") satellite systems and the new non-geostationary orbit ("NGSO") satellite providers. Extensive negotiations carried out over two World Radio Conferences and thousands of hours of public and private talks have paved the way for these new services. The Commission and the parties should take great pride in the final result. Similarly today's Order concludes that sharing between these satellite providers and a terrestrial service is possible in the 12.2-12.7 GHz band. Here too potential licensees have worked for years for this day, and I am pleased that we can move forward to the next stage of our deliberations. This entire process, however, does raise significant spectrum management issues. Although my concerns in this area do not rise to the level of a dissent, this proceeding should provide a catalyst for an important dialog about the nature and extent of spectrum usage rights granted by FCC licenses. Finally, I do part ways with my fellow commissioners on some discrete issues related to the Further Notice. I am highly skeptical of any proposal to restrict the ownership of new licenses. Similarly any discussion of mandating a particular kind of service - or importing the regulatory burdens associated with particular services - is inconsistent with the FCC's general policy direction and contrary to my own regulatory philosophy. Due to the majority's decision to consider so actively these restrictive and highly regulatory options, I respectfully dissent in part. The Commission's Licensing Approach The questions presented by this proceeding are complicated and difficult. Ultimately the staff has done a good job of balancing these interests. However, I believe it is important to look at some of the larger issues raised by this proceeding. First, what spectrum usage rights do FCC licensees have? As I noted in our recent secondary markets proceeding, often licensees do not know exactly what rights they have - making it difficult for licensees to sell some or all of those rights to third parties. Here GSO direct broadcast satellite ("DBS") licensees were originally granted certain spectrum usage rights - some of which they paid for at auction - at a time when sharing was not contemplated. Parties sought these licenses, and paid for these licenses, with expectations of certain interference protection and with expectations on the range of technological options with which the spectrum might be developed . The amount these parties were willing to pay for licenses was based on these expectations. Thus GSO DBS licensees paid for one set of rights - exclusive use of space stations in these bands with expectations of certain interference protection - but are now only entitled to a diminished version of those rights. This change has come without compensation for the alterations in interference protection or the reduced range of technological possibilities or the expenses incurred by GSO DBS in acquiring and developing the licenses. By this Order, NGSO licensees will share these rights with GSO DBS. And not only will they share, DBS's system-wide reliability will be diminished by these NGSO systems. Moreover, the FCC determines here that it is technically feasible for DBS to share with a terrestrial system, under parameters yet to be developed. Perhaps such unpredictability is the best we can do; licensees will inevitably not know how or when the Commission will alter their rights (even those they pay for). But to the extent the Commission maintains complete discretion to alter such core terms of a license, we cannot expect the primary and secondary spectrum markets to function well. Perhaps that is a trade off we should make, but the FCC has never tackled the hard questions that surround such a policy. Instead the Commission wants it both ways - complete discretion to change the terms of a license and a fully functioning primary and secondary market. I am convinced we cannot have both. Similarly changes in our licensing scheme affects both future auctions and commercial development of licenses. Going forward, we must also recognize that our licensing regime creates reasonable reliance interests that cannot and should not be tossed aside. For example, GSO DBS systems were built in order to maintain a certain degree of reliability for customer service. Thus American DBS providers determined that in order to be a successful commercial operation, their service must be highly reliable. That level of reliability was a commercial decision made by GSO DBS providers based on certain assumptions - I believe reasonably including the "exclusive" rights that were granted pursuant to their original licenses. By today's Order we permit the NGSO systems to increase incrementally the GSO DBS systems' unavailability rate. Our further notice contemplates increasing this outage rate. Perhaps these increased DBS outages are in the public interest. However, I believe it is licensees, not the FCC, that should be able to determine what availability rates are needed for them to compete effectively in the marketplace. Had DBS known that it would be sharing with two other systems, then excess interference "cushion" could have been added to the system - or not. That should be a business decision, not a government one. We owe it to our licensees to notify them as soon as practicable - preferably before an auction - of major sharing obligations that could be imposed that may impact their system design and spectrum valuation. Perhaps our failure to do so in some instances provides a basis for declining to introduce additional sharing into a band. The major spectrum issues raised by this proceeding are not limited to the GSO DBS providers. The proposed terrestrial Northpoint service has also traveled a difficult road at the Commission. There is no question that Northpoint has expended substantial resources in navigating the shoals of the U.S. regulators in order to make today's order possible. Despite fighting most of those battles alone, today additional terrestrial licensees are understandably also interested in the 12.2-12.7 GHz band. This type of regulatory "free rider" problem is far from unique and certainly not improper - but it does significantly diminish the incentive for parties to "pave the way." In this regard, I am intrigued by the logical consequences of a concept advanced by Northpoint regarding the Commission's licensing process. Northpoint is understandably troubled by having a service- specific DBS licensing proceeding, followed years later by a NGSO "satellite" filing window, and then finally a possible terrestrial auction. Northpoint believes that its terrestrial application, filed in the NGSO satellite window, should have the same rights as its fellow applicants in that filing window. Northpoint's approach ultimately suggests that the FCC should license all uses for a given band at once. Thus we would have a single integrated 12.2-12.7 GHz band proceeding. That proceeding would open a filing window for all uses of the band - and sort out the scope of each license all at once. But regardless of whom filed, all of the commercial rights in the band could be handed out in one proceeding. Thus, for example, if GSO DBS had been the only party to file in this band - they would have been granted exclusive and comprehensive rights to the band for all services subject only to our interference rules, etc. In this regime, if the NGSO systems or terrestrials subsequently wished to share this band, they would go to the GSO DBS providers and negotiate a commercial sharing arrangement with appropriate compensation. The Commission's role would be limited largely to referee. This provides an intriguing alternative regulatory model. In the end, this proceeding has been a product of our current rules - not some conceivably more desirable future policies. In that context, the Commission has attempted to balance many interests and concerns - including those described above. However, our challenge rests not just in recognizing these issues, but in crafting prospective policies that will save the Commission from these troubling and countervailing interests in the future. Distressing Service Rules Proposals I am troubled by two aspects of today's order: (1) the proposal to prevent GSO DBS operators and incumbent in-region cable operators from acquiring MVDDS licenses, and (2) any effort to require a particular service in a given band or to extend legacy regulations to new services. Barring certain parties from participating in an auction is a draconian measure that should not be pursued absent extraordinary circumstances. There is little basis for pursuing such a policy here. First we have no clear idea about the types of services that may be offered by multi-channel video distribution and data service (MVDDS) licensees. Perhaps they will offer video, perhaps only data. Therefore today it's not clear whom these licensees will be competing against, making any auction bar purely speculative. Second, there are countless competitors in the video marketplace and several competitors in the niche multi- channel video programming distribution (MVPD) marketplace. It is difficult to imagine that these providers could collude to buy up this spectrum and allow it to remain fallow. Third, in some cases, the contemplated ownership prohibition may eliminate the exact type of competitive entry such restrictions are purportedly designed to foster. For example, barring incumbent cable providers may ultimately undermine competitive cable service. A cable provider may serve only a portion of an auctioned license area and may wish to use MVDDS spectrum and its existing personnel and infrastructure to expand the reach of its service to a neighboring area. Such expansion may create the desired competitive presence. Similarly cable providers may use MVDDS to supply multi-channel video service to portions of their service area that are not economical to reach via wireline cable plant. The FCC should not foreclose these or other business models from taking root in this band. Finally, I cannot help but recall the Commission's most recent foray into restricted eligibility for a new service: LMDS. There, as here, the FCC anticipated that LMDS would offer certain services. There, as here, the Commission proposed to bar incumbents from participating in the auction. There the FCC adopted the restriction and years later the service had barely gotten off the ground. Here I hope we don't make the same mistake. I also wish to caution my colleagues against requiring any particular type of service in the 12.2- 12.7 GHz band. Although certain applicants have put forth a business model that includes video programming, I am opposed to requiring any particular service. That is a decision best left to the marketplace. Similarly, I would oppose importing regulatory burdens, such as must-carry obligations, onto new service providers in these bands. New entrants should be given maximum flexibility to utilize the spectrum in the way they deem fit with minimal interference from the Commission. * * * Today's order strikes a good balance of the interests in these bands. But the Order also reflects many of the challenges that our current spectrum policy has created and that our future spectrum policy will need to resolve. Separate Statement of Commissioner Gloria Tristani Re: Amendment of Parts 2 and 25 of the Commission's Rules to Permit Operation of NGSO FSS Systems Co-Frequency with GSO and Terrestrial Systems in the Ku-Band Frequency Range; Amendment of the Commission's Rules to Authorize Subsidiary Terrestrial Use of the 12.2-12.7 GHz Band by Direct Broadcast Satellite Licensees and Their Affiliates; Applications of Broadwave USA, PDC Broadband Corporation, and Satellite Receivers, Ltd. To Provide A Fixed Service in the 12.2-12.7 GHz band I write separately on two counts. First, I support the steps we take today to allow more services into the Ku-band. With the allocations and spectrum sharing approach we undertake here, there will new opportunities to deploy exciting services to consumers across the nation. Interested parties offer great promise for extending the reach of broadband services and providing new alternatives for the delivery of video programming services including local television signals. While today's action represents several important determinations, additional steps are necessary before the promise of these services becomes reality. I look forward to further action in this regard. Second, I wish to recognize the dedication and commitment of the Commission's engineers, lawyers, and economists who have done extraordinary work in this proceeding. Many of the policies and proposals made here represent extremely complex spectrum sharing arrangements. Throughout the lengthy period of negotiations with the parties, at international fora, and in reviewing the hundreds and hundreds of filings in the record, Commission staff have sought ways to share spectrum that allow deployment of new services without causing any unreasonable intrusion into the services of existing licensees. With this Order and Further Notice, I believe we have set a course to do just that. Our work is far from over, but I commend our staff for their undertakings thus far. NGSO systems are characterized by a constellation of satellites continuously orbiting the earth, rather than remaining stationary relative to an earth station as geostationary satellites do. A geostationary satellite orbits at about 35,900 km (about 22,300 miles) above the Earth in the plane of the Earth's equator. At this altitude above the equator, the satellite revolves around the Earth at a rate of speed synchronous with the Earth's rotation, so that the satellite stays above the same place on the Earth's equator. NGSO satellites generally operate at lower altitudes than 35,900 km and revolve at a rate of speed greater than the Earth's rotation. An NGSO satellite therefore moves from horizon to horizon, and as it does so, transmits radio signals to, and receives radio signals from, those earth stations that are in the coverage area of the satellite. The Ku-band generally refers to frequencies in the vicinity of 10-14 GHz. The specific bands subject to this proceeding are the 10.7-12.7 GHz, 12.75-13.25 GHz, 13.75-14.5 GHz, and 17.3-17.8 GHz bands. For the purposes of this proceeding, we use the term "Ku-band" to refer generally to all of the frequency bands listed above that are under consideration in this proceeding. 47 U.S.C.  157. NGSO FSS systems will consist of space stations in a satellite constellation, gateway earth stations, and service link earth stations. Notice of Proposed Rule Making ("NPRM"), ET Docket No. 98-206, 14 FCC Rcd 1131 (1998). Comments on the NPRM were originally due on February 16,1999 and reply comments were originally due on March 15, 1999. However, on February 4, 1999, we extended those dates to March 2, 1999 and March 29, 1999, respectively. See Order, 14 FCC Rcd 3335 (1999). We received 33 comments and 24 reply comments in response to the NPRM. A list of commenting parties is provided in Appendix D. Supplemental comments and ex parte presentations were subsequently filed by numerous parties. Unless otherwise noted, "Comments" and "Reply Comments" refer to the 33 comments and 24 reply comments that were filed in direct response to the NPRM. Except for the 12.2-12.7 GHz band, all of the bands proposed for NGSO FSS use are already allocated to the FSS on a primary or co-primary basis. The NPRM proposed a co-primary allocation for NGSO FSS in the 12.2-12.7 GHz band. SkyBridge Petition, RM-9147, filed July 3, 1997. The NPRM pointed out that WRC-97 developed spectrum sharing criteria for NGSO operations based on the avoidance of "unacceptable" interference to incumbent services. The Commission's Rules define "accepted" interference, rather than "acceptable" interference. The NPRM stated, however, that the two terms are substantially the same. "Unacceptable" interference are occurrences exceeding a defined "acceptable" level of interference. We also note that the term "acceptable" interference or "unacceptable" interference happens to be more commonly used for international satellite coordinations. A given frequency band may be allocated to one or more terrestrial or space radiocommunication services or the radio astronomy service on either a primary or secondary basis. "Stations of a secondary service: a) shall not cause harmful interference to stations of primary services to which frequencies are already assigned or to which frequencies may be assigned at a later date; b) cannot claim protection from harmful interference from stations of a primary service to which frequencies are already assigned or may be assigned at a later date; c) can claim protection, however, from harmful interference from stations of the same or other secondary service(s) to which frequencies may be assigned at a later date." See International Telecommunication Union Radio Regulations, Edition of 1998, Article S5, Section II --Categories of services and allocations, S5.28 through S5.31. Northpoint Petition, RM-9245, filed March 6, 1998. See NPRM at 91-98 for a more detailed discussion of the Northpoint proposal and sharing with BSS and NGSO FSS operations. BSS, by definition, is in the downlink direction only. The corresponding feeder link frequencies for BSS are in FSS uplink allocations. The terms "BSS" and "DBS" have the same meaning, and in this item, we will use the terms interchangeably. See 47 C.F.R.  2.106, footnote S5.441. In the 10.7-11.7 GHz band, footnote US211 urges applicants for space station assignments to "take all practicable steps to protect radio astronomy observations in adjacent bands from harmful interference; however, US74 applies." US74 states that the radio astronomy service in the 10.68-10.7 GHz band "shall be protected from extraband radiation only to the extent that such radiation exceeds the level which would be present if the offending station were operating in compliance with the technical standards or criteria applicable to the service in which it operates." See 47 C.F.R.  2.106, footnote NG104. See 47 C.F.R.  2.106, footnote 839. WRC-2000 revised S5.488 (formerly RR-839) to eliminate the national and subregional restriction. Footnote NG41 states that frequencies in the 10.7-11.7 GHz band may also be assigned to stations in the international fixed public and international control services located in U.S. Possessions in the Caribbean area. One of the primary uses of the 10.7-11.7 GHz band is for analog and digital telephone and video transmission. The 10.7-11.7 GHz band is also one of the migration bands that the Commission identified for 2 GHz OFS incumbents that are displaced by Broadband Personal Communications Service ("PCS") operations. See 47 C.F.R.  101.803(d). See 47 C.F.R.  2.106, footnote 837, which reads as follows: "Different category of service: in Canada, Mexico and the United States, the allocation of the band 11.7-12.1 GHz to the fixed service is on a secondary basis (see No. 424)." See ITU-RR footnote S5.486. This footnote was revised by WRC-95. At that Conference, only Mexico and the United States were associated with that footnote. See 47 C.F.R.  101.803(a). See 47 C.F.R.  2.106, footnote 844 and Section 101.147(p). See 47 C.F.R.  2.106, footnote S5.503. Footnote S5.502 states that "In the band 13.75-14 GHz, the e.i.r.p. of any emission from an earth station in the fixed-satellite service shall be at least 68 dBW, and should not exceed 85 dBW, with a minimum antenna diameter of 4.5 metres. In addition, the e.i.r.p. averaged over one second, radiated by a station in the radiolocation or radionavigation services towards the geostationary orbit shall not exceed 59 dBW." See also footnote S5.503, which limits the e.i.r.p. density in the 13.772-13.778 GHz band. See 47 C.F.R.  2.106, footnote US251. See 47 C.F.R.  2.106, footnote US287. In the 12.7-13.15 GHz segment, the Commission has previously specified in footnote NG53 that television pickup stations and CARS pickup stations shall be assigned channels on a co-equal basis and that these pickup stations shall operate on a secondary basis to fixed stations operating in this segment; see 47 C.F.R.  2.106, footnote NG53. The Commission further specified that in the 13.15-13.2 GHz segment, television pickup stations and CARS pickup stations shall be assigned on an exclusive basis in the top one hundred markets, as set out in Section 76.51 of the Commission's Rules. See 47 C.F.R. Part 74, Subpart F. See 47 C.F.R.  101.803(a) and (d). See 47 C.F.R.  2.106, footnote US292. See 47 C.F.R.  2.106, footnotes 862, US203. NPRM at 43, 50, and 51. SkyBridge Application, File No. 48-SAT-P\LA-97, February 28, 1997; Amendment, File No. 89- SAT-AMEND-97, July 2, 1997; SAT-AMEND-19980630-00056 S2241 (January 1999) (SkyBridge Application). SkyBridge initially proposed 64 NGSO satellites for its system, but subsequently amended its application to increase the number to 80 NGSO satellites. Report No. SPB-141, released November 2, 1998. The filing cut-off was for NGSO FSS applications in the 10.7-12.7, 12.75-13.25, 13.75-14.5, and 17.3-17.8 GHz frequency bands. In the Public Notice, we stated that "applicants should be aware that because of outstanding Commission proceedings and Government use of certain frequency bands, not all bands proposed by the applicants in this Public Notice will necessarily be available for NGSO FSS use." Portions of those prior cut-off notices included frequency bands subject to the Ku-Band Cut-Off Notice. Boeing also filed an application for an NGSO FSS system to operate in the Ku-band. The Ka-band generally refers to the 17.7-20.2 GHz (downlink) and 27.5-30.0 GHz (uplink) bands. PFD is a measure of the amount of energy emitted by a transmitter that is present over a unit area at the Earth's surface or at the satellite, and is a critical factor in determining whether satellite systems can successfully share spectrum with other services or satellite systems. NPRM at 18-20. Following WRC-97, ITU-R JTG 4-9-11 was created to analyze NGSO FSS sharing with GSO FSS, fixed service and GSO BSS services in the Ku and Ka bands. The numbers "4," "9," and "11" refer to ITU-R study group designations: 4 - fixed satellite; 9 - fixed service; and 11 - broadcasting (television). Other ITU-R study groups dealing with the issue of NGSO FSS sharing include WP4A (FSS issues, both GSO and NGSO), JWP 10-11S (BSS), and JWP 4-9S (sharing between FSS and terrestrial services). The CPM was held in Geneva, Switzerland, November 15-26, 1999. WRC-2000 was held in Istanbul, Turkey, May 8-June 2, 2000. NPRM at 11. See ITU-R S.523-4 and ITU-R S.735-1. See Act of Nov. 29, 1999, Pub.L. 106-113 Stat. 1501 (enacting S. 1948, including the Satellite Home Viewer Improvement Act of 1999 ("SHVIA"), Title I of the Intellectual Property and Communications Omnibus Reform Act of 1999 ("IPACORA"), relating to copyright licensing and carriage of broadcast signals by satellite carriers, codified in scattered sections of 17 and 47 U.S.C.). See generally Implementation of the Satellite Home Viewer Improvement Act of 1999: Application of Network Nonduplication, Syndicated Exclusivity, and Sports Blackout Rules to Satellite Retransmissions, CS Docket No. 00-2, Notice of Proposed Rule Making, 65 Fed. Reg. 4927 (Feb. 2, 2000); Implementation of the Satellite Home Viewer Improvement Act of 1999, CS Docket No. 99- 363, Notice of Proposed Rule Making, 14 FCC Rcd 21736 (1999) (1999 SHVIA Implementation NPRM). See 1999 SHVIA Implementation NPRM, 14 FCC Rcd 21736 at 1. See Act of Nov. 29, 1999, Pub. L. 106-113, 113 Stat. 1501, 1537. (enacting S. 1948, Title II of the Intellectual Property and Communications Omnibus Reform Act of 1999 (IPACORA)), to be codified at 47 U.S.C.  338. Id. The Rural Local Broadcast Signal Act is written as follows: (a) In General.- Not later than 1 year after the date of the enactment of this Act, the Federal Communications Commission ("the Commission") shall take all actions necessary to make a determination regarding licenses or other authorizations for facilities that will utilize, for delivering local broadcast television station signals to satellite television subscribers in unserved and underserved local television markets, spectrum otherwise allocated to commercial use. (b) Rules. - (1) Form of Business. - To the extent not inconsistent with the Communications Act of 1934 and the Commission's Rules, the Commission shall permit applicants under subsection (a) to engage in partnerships, joint ventures, and similar operating arrangements for the purpose of carrying out subsection (a). (2) Harmful Interference. - The Commission shall ensure that no facility licensed or authorized under subsection (a) causes harmful interference to the primary users of that spectrum or to public safety spectrum use. (3) Limitation on Commission. - Except as provided in paragraphs (1) and (2), the Commission may not restrict any entity granted a license or other authorization under subsection (a) from using any reasonable compression, reformatting, or other technology. (c) Report.- Not later than January 1, 2001, the Commission shall report to the Agriculture, Appropriations, and the Judiciary Committees of the Senate and the House of Representatives, the Senate Committee on Commerce, Science, and Transportation, and the House of Representatives Committee on Commerce, on the extent to which licenses and other authorizations under subsection (a) have facilitated the delivery of local signals to satellite television subscribers in unserved and underserved local television markets. The report shall include - (1) an analysis of the extent to which local signals are being provided by direct-to-home satellite television providers and by other multichannel video program distributors; (2) an enumeration of the technical, economic, and other impediments each type of multichannel video programming distributor has encountered; and (3) recommendations for specific measures to facilitate the provision of local signals to subscribers in unserved and underserved markets by direct-to-home satellite television providers and by other distributors of multichannel video programming service. See infra 213, 290. See February 18, 2000 ex parte filing of SkyBridge at 3. We note that the JTG 4-9-11 had previously reached agreement on NGSO FSS PFD limits to protect fixed services. In addition, while the JTG 4-9-11 was able to reach agreement on appropriate EPFD limits to protect smaller size GSO/FSS and BSS earth station antennas, the JTG did not reach consensus on EPFD limits for larger size earth station antennas. The latter issues were addressed by WRC-2000. See, e.g., March 17, 2000 and March 22, 2000 ex parte filings of Northpoint and Technical Annex to Northpoint March 2, 1999 Comments. Id. at 15. Teledesic Comments at 7. Virgo Comments at 13. SkyBridge Comments at 68, SkyBridge Reply Comments at 47, and FWCC Reply Comments at 13. Boeing Comments at 80 and SkyBridge Comments at 69. Boeing Comments at 79, PanAmSat Comments at 16, and SkyBridge Comments at 49. SkyBridge Comments at 69 and Boeing Reply Comments at 18. PanAmSat Comments at 20. See November 12, 1999 ex parte letter to Dale Hatfield, Chief of the Office of Engineering and Technology from SkyBridge LLC and the FWCC. See ex parte letter filed by SkyBridge and FWCC on December 8, 1999 and supplemented on December 22, 1999. See December 8, 1999 ex parte of SkyBridge and FWCC at 3. Boeing Comments of January 12, 2000 at 2-3. The network design of each proposed NGSO FSS system is unique, but all proposed systems have common elements that may be called by different names. Theta (?) is the earth station antenna off-axis angle relative to the main lobe of the antenna. This angle is measured in all directions since the NGSO FSS satellites can be located anywhere above the earth station. See Appendix C for a brief description of each of the Ku-band NGSO operation applications. While most of the applicants propose to deploy less than 5 NGSO Gateway stations in the U. S., we note that SkyBridge proposed to deploy between 30 and 40 NGSO Gateway stations in the U.S. See 47 C.F.R.  2.106, footnote NG104. The GSO FSS operations in the 10.7-10.95 GHz and 11.2-11.45 GHz bands must adhere to the requirements specified in Appendix 30B of the ITU Radio Regulations and are referred to as "planned band" operations. GSO FSS operations are typically less extensively deployed in the Appendix 30B planned bands, as compared to non-planned bands. See 47 C.F.R.  2.106 of the Commission's Rules, footnote 792 A; and ITU RR Footnote No. S5.441 and Appendix 30B of the ITU-R Radio Regulations Provisions and Associated Plan for the Fixed-Satellite Service in the Frequency Bands 4500-4800 MHz, 6725-7025 MHz, 10.70-10.95 GHz, 11.20-11.45 GHz and 12.75-13.25 GHz. Use of these frequency bands is also governed by Resolution 130 (WRC-97). NPRM at 16. See Amendment of Section 2.106 of the Commission's Rules to Allocate Spectrum at 2 GHz for Use by the Mobile Satellite Service, ET Docket No. 92-9, Second Report and Order, 8 FCC Rcd 6495 (1993) ("Emerging Technology proceeding"). See also First Report and Order & Further Notice of Proposed Rule Making, ET Docket No. 95-18, 12 FCC Rcd 7388 (1997) ("2 GHz MSS allocation proceeding"). Our records indicate that there are approximately 113 authorizations issued for GSO FSS earth stations in the 10.7-11.7 GHz band. These authorizations do not indicate the actual number of antennas that a licensee might deploy. The GSO FSS operations in this band perform TT&C communications to provide data on the spacecraft's functions via a two-way telemetry link between the satellite and the controlling earth station. TT&C communications are used throughout the satellite's life, including the launch and deployment phase. The TT&C function allows the earth station to control both the physical orbital position and internal functioning of the spacecraft. NPRM at 17. NPRM at 25. See Article S21 of the ITU Radio Regulations, see also Recommendation ITU-R F-758-1, Considerations in the Development of criteria for sharing between the Terrestrial Fixed Service and Other Services. This Recommendation sets an interference criteria for protection of terrestrial stations based on an interference-to-noise ratio of -10 dB for 20% of the time. This recommendation does not contain short-term criteria. See ITU RR S21 at Table S21-4 (1998). The NPRM noted that "some terrestrial fixed links operate over mountains, where the mainbeam of the fixed receiver antenna is point well above the horizon. It appears that mainbeam to mainbeam interference could occur under such circumstances." See NPRM at 20. SkyBridge Reply Comments at 61. FWCC Comments at 16; EMS Technologies, Inc. Reply Comments at 5; and Boeing Reply Comments at 17. See, e.g., FWCC Comments at 16. In relation to directional antennas, the term mainbeam often refers to the focal point where the antenna directs its signal to achieve signal directionality. Similarly, directional receive antennas generally focus their "mainbeam" in the direction of the desired incoming signal. Signal energy outside of the mainbeam direction are generally suppressed and can be considered undesirable. For the purposes of this section, a mainbeam to mainbeam interference situation would occur when an NGSO satellite's downlink mainbeam signal is aligned with a FS link's receive antenna mainbeam. This results in the amplification of the undesired satellite signal within the FS link receiver. SBC Comments at 3 and FWCC Comments at 12. Further, FWCC states that the high interference levels for more than 2 seconds can cause carrier group alarms ("CGA") which terminate traffic for a minimum of 20 seconds. Further, this may also require a reboot and it may take 10-30 minutes to recover from a 2 second CGA and several hours to achieve whole operation. FWCC states that interference levels NGSO FSS proponents consider acceptable represent a serious public hazard to many fixed operations. Fixed systems are coordinated at the maximum power for which they will operate. ATPC allows a link to typically operate at less than maximum power using a minimal margin several decibels below maximum power until the desired signal is impeded (e.g., rain-induced fade). Once the desired signal is impeded, the ATPC allows the link to operate at maximum power in order to maintain communications. ATPC can lower the fixed link's operating power by 10-15 dB in clear sky conditions to allow the link to conserve energy and equipment life. See FWCC Comments at 13. Boeing Reply Comments at 16. SkyBridge Reply Comments at 61. See ITU-R F. [Doc. 9A/TEMP/65] entitled "Draft new Recommendation on performance degradation criteria in 11/12 GHz." See also section 3.1.4.1.1of the CPM Report. Id. SkyBridge Reply Comments at 62. FWCC Comments at 15. SBC Comments at 4. SkyBridge Reply Comments at 63. More specifically, these studies have been carried out within ITU-R Working Party 9A (WP 9A) and Joint Working Party 4-9S (JWP 4-9S). WP 9A is titled the "Performance and availability, interference objectives and analysis, effects of propagation and terminology for the fixed service;" and JWP 4-9S is titled "Frequency sharing between the fixed-satellite service and fixed service." See Section 3.1.4 of the CPM Report to WRC-2000. See WRC-2000 Provisional Final Acts at Article S21. Id. at 3.1.4.1.1 (a). The reference bandwidth is the bandwidth over which emission limits are measured. Converting the reference bandwidth of measurements for pfd limits from four kilohertz to one megahertz does not impact any party because the pfd limits are scaled accordingly. All references to the Commission's Rules in this item refer to Title 47 of the U.S. Code of Federal Regulations (47 C.F.R.). Specifically, the record is insufficient to determine whether the ATPC circuitry would lower the fixed operation's margin to a sufficient level to cause an outage from a mainbeam NGSO satellite signal occurrence. See SBC Comments at 3 and FWCC Comments at 12. See October 28, 1999 ex parte filing of FWCC. See e.g., 47 C.F.R.  25.203 and 101.103. Harmful interference is that which endangers the functioning of a radionavigation service or other safety services or seriously degrades, obstructs, or repeatedly interrupts a radiocommunication service operating in accordance with Commission rules. See 47 C.F.R.  2.1. NPRM at 22. See, e.g., 47 C.F.R.  25.130, 101.103. See ITU-R Recommendation ITU-R IS.849-1, Determination of the Coordination Area for Earth Stations Operating with Non-Geostationary Spacecraft in Bands Shared with Terrestrial Services. Comsearch Comments at 2, Boeing Reply Comments at 14, and SkyBridge Reply Comments at 50. Comsearch Comments at 2. See also, ITU Recommendation ITU-R IS.847-1, Determination of the Coordination Area of an Earth Station Operating with a Geostationary Space Station and Using the Same Frequency Band as a System in a Terrestrial Service; and ITU Recommendation ITU-R IS.849-1, Determination of the Coordination Area for Earth Stations Operating with Non-Geostationary Spacecraft in Bands Shared with Terrestrial Services. WRC-95 changed the ITU RR numbering scheme. Therefore, the ITU RR procedures for determining the coordination distance around an earth station for bands shared between space and terrestrial radiocommunication services that were previously in Appendix 28 are now in Appendix S7. We will modify Section 25.251 of our rules to reflex this change. See 1998 ITU RR, Appendix S7, Method for the determination of the coordination area around an earth station in frequency bands between 1 GHz and 40 GHz shared between space and terrestrial radiocommunication services. SkyBridge Reply Comments at 51. FWCC Reply Comments at 11. Specifically, FWCC states that if a gateway earth station accepts a higher level of interference because it does not plan to use the frequencies on which the interference is present, it must specify that a future incoming Fixed station need not coordinate on those frequencies. If a gateway accepts a higher level of interference because it is shielded by a local feature such as a building or a hill, it must accept a new Fixed station coordinated at the same higher level, if it is shielded by the same feature. If a gateway station accepts a higher level of interference without explanation, then a future incoming Fixed station located in the same general area can coordinate at the same higher level. See FWCC Comments at 20-21. FWCC Comments at 19. Id. at 10. FWCC proposes that NGSO FSS systems be required to use at least the equivalent of 16- QAM or a spectral efficiency of 4 bits/second/hertz. See Request for Declaratory Ruling and Petition for Rule Making of the Fixed Wireless Communications Coalition, RM-9649, filed May 5, 1999. FWCC's filing was placed on public notice June 11, 1999. See Public Notice, Report No. 2334. SkyBridge Reply Comments at 51. Id. at 53. FWCC Comments at 19. Comsearch Comments at 7. FWCC Reply Comments at 4. SkyBridge Reply Comments at 53. FWCC Comments at 9. SkyBridge Reply Comments at 55. FWCC Comments at 10-11. We require prior coordination for licensing of FSS earth stations and terrestrial fixed stations. Under these procedures, the earth station applicant must, before filing an application with the Commission, identify all potentially affected terrestrial licensees in the vicinity of their proposed earth stations and resolve all potential interference problems with existing terrestrial licensees in the band. In its application, the applicant must certify that coordination has been achieved with affected licensees. The Commission places the applications on public notice, and existing licensees may file petitions to deny if coordination has not been completed. The earth station license will not be granted until all interference issues are resolved. Similar procedures are followed when a terrestrial station application is filed in shared frequency bands. We are also taking the opportunity in this proceeding to revise some of the Part 25 rules to comport with previous Commission decisions, including, for example, correcting cross-references to revised coordination rules. See Streamlining the Commission's Rules and Regulations for Satellite Application and Licensing Procedures, Report and Order, IB Docket No. 95-117, 11 FCC Rcd 21581, at 52 (1996). See Provisional Final Acts of the World Radiocommunication Conference ("Istanbul 2000, WRC- 2000") at Appendix S7. We note that terrestrial operators have participated in proceedings regarding U.S. preparations for WRC-2000. See 47 C.F.R. 101.103(d)(1). Notice of Proposed Rule Making, IB Docket No. 00-203, FCC 00-369, (released October 24, 2000). Id. NPRM at 23-25. Id. at 24-25. Comsearch Comments at 5. NPRM at 34. FWCC Reply Comments at 8. Comsearch Comments at 5 and FWCC Reply Comments at 7. Comsearch Comments at 3. FWCC Reply Comments at 8. SkyBridge Reply Comments at 58. See November 12, 1999 ex parte letter to Dale Hatfield, Chief of the Office of Engineering and Technology from SkyBridge LLC and the FWCC. See ex parte letter filed by SkyBridge and FWCC on December 8, 1999 and supplemented on December 22, 1999. See December 8, 1999 and December 22, 1999 ex partes from SkyBridge and FWCC. See Public Notice, released December 27, 1999, DA 99-3008. AAR Comments of January 12, 2000 at 1. As an example, Bell Atlantic cites San Bernardino County, CA, which, Bell Atlantic maintains, covers over 20,000 square miles and is equivalent to 61 counties between New York City and Northern Virginia. Bell Atlantic Comments of January 12, 2000 at 1-3. See also AAR Comments of January 12, 2000 at 2; SBC Comments of January 12, 2000 at 3-4. SBC Comments of January 12, 2000 at 3-4. The 10.7-11.7 GHz band was identified for future use by fixed operations that must be relocated from the 2 GHz band. See Amendment of Section 2.106 of the Commission's Rules to Allocate Spectrum for Use by the Mobile Satellite Service, Second Report and Order, ET Docket No. 92-9, 8 FCC Rcd 6495 (1993) ("Emerging Technology Proceeding"). See also, First Report and Order and Further Notice of Proposed Rule Making, ET Docket No. 95-18, 12 FCC Rcd 7388 (1997) ("2 GHz MSS Allocation Proceeding"). AAR Comments of January 12, 2000 at 1-2; Hughes Comments of January 12, 2000 at 7. Hughes Comments of January 12, 2000 at 6-7. Bell Atlantic Comments of January 12, 2000 at 1. Comsearch Comments of January 12, 2000 at 2-3. SBC Comments of January 12, 2000 at 4. Comsearch Comments of January 12, 2000 at 6. Hughes also argues that the 11 GHz band should not be limited to gateway earth stations, and recommends a numeric limit on FSS earth stations of any type as well as limits on receive antenna gain to protect FS facilities, as requirements that would be easier to administer than other proposals. Hughes Comments of January 12, 2000 at 3-5. Virgo Comments of January 12, 2000 at 3-4. SBE states that it hopes to resolve issues relating to the 12.75-13.25 GHz band through negotiations with SkyBridge. SBE Comments of January 12, 2000 at 2-4. For example, we note that the number of television stations could double with the conversion to digital television, so an increase in TV BAS operations could result. While the date for conversion to digital television is December 31, 2006, there are provisions for extension beyond this date. See Balanced Budget Act of 1997, adding new paragraph 47 U.S.C. 309(j)(14)(b). See Table 1 following 6, supra. See 47 C.F.R. 2.106, footnote NG104. See 47 C.F.R. 25.202 (a)(1) NPRM at 17. We note that in Appendix A of the NPRM we inadvertently proposed to amend Section 25.202 to allow GSO FSS systems to operate in the entire 10.7-11.7 GHz band. Loral Comments at 4. PANAMSAT Comments at 20-21. Comsearch Comments at 7 and FWCC Reply Comments at 3. FWCC Reply Comments at 4. Id. at 4-5. Those other bands are 3.7-4.2 GHz, 11.7-12.2 GHz, 18.3-18.8 GHz, and 19.7-20.2 GHz. See 47 C.F.R. 25.202 (a)(1). In this section, we address only the NGSO FSS downlink bands. Many of the same sharing principles discussed herein are also applicable to the NGSO FSS service uplink band at 14.0-14.5 GHz. NPRM at 28. See Provisional Final Acts WRC-2000, Article S22 Table S-22-4A. The ITU-R agreed upon sync loss criterion is contained in recommends 3.2 of ITU-R Recommendation S.1323. Sync loss is generally defined as the disruption in the transmission of a digital signal resulting in either lost data or reduced transmission capacity. The impact of sync loss on GSO FSS networks can be significant because the total outage time exceeds the duration of interference due to the additional "recovery" period needed to reacquire the signal. For example, as noted by PanAmSat, sync loss of a radio path in a telephone network could result in a large number of users having to redial dropped connections. Sync loss of a cable or broadcast feed could cause loss of video information to a large viewing audience. See PanAmSat Comments at 22. The WRC-97 provisional limits were incorporated into Article S22 of the ITU Radio Regulations. It should be noted that the WRC-97 provisional EPFD limits are only comprised of the validation EPFD limits. NPRM at 26. See PanAmSat Comments at 9-13 and Appendix A, GE Comments at 20, and Satellite Coalition Comments of July 29, 1999. See also SkyBridge Comments at 32-36, 39; and SkyBridge Reply Comments at 27- 28. See, e.g., Hughes Supplemental Comments at 2, Lockheed Martin Supplemental Comments at 4-5, PanAmSat Supplemental Comments at 2, GE Supplemental Comments at 2, and SkyBridge Supplemental Comments at 12-14. The ITU-R reached agreement that aggregate NGSO FSS transmissions not be responsible for more than 10% of the amount of time for which the link C/(N+I) ratio is permitted to fall below the shortest-term performance threshold defined for the considered link. See Section 3.1.2.1.2 (b) of the CPM Report to WRC- 2000. This criterion is defined in ITU-R Recommendation S.1323. See ITU-R Recommendation S.1323, "Maximum Permissible Levels of Interference in a Satellite Network (GSO/FSS; NON-GSO/FSS; NON- GSO/MSS Feeder Links) in the Fixed-Satellite Service Caused by other Co-directional Networks below 30 GHz." Several commenters accept the use of this criterion in developing appropriate EPFDdown limits to be met by NGSO FSS systems. See, e.g., SkyBridge Comments at 25-26 and 32; PanAmSat Comments at 5 and 9; Telesat Canada Comments at 4. We note that in the 11.7-12.2 GHz band, the Commission routinely authorizes GSO FSS earth stations having an antenna diameter of 1.2 meters or greater. Nevertheless, for the 0.6 meter GSO FSS earth stations, the EPFDdown limits adopted represent the protection level that would theoretically be required. See Appendix A. These validation limits must be met by each NGSO FSS system individually and are therefore considered "single-entry" validation limits. See Provisional Final Acts WRC-2000, Table S22-1A. ITU-R Recommendation BO.1503 contains the specification for the software which the ITU-BR will use to determine whether a NGSO system meets the single-entry EPFDdown validation limits. See ITU-R Recommendation BO.1503 entitled, "Functional Description to be Used in Developing Software Tools for Determining Conformity of non-GSO FSS Networks With Limits Contained in Article S22 of the Radio Regulations." The output of the software is represented by continuous curves of cumulative density function (CDF) as a function of percentage of time which will be compared to the single-entry validation limits contained in Article S22, Table S22-1A. See Resolution COM 5/31 of the Provisional Final Acts of WRC-2000, which addresses implementation dates for the actions taken at WRC-2000. The validation limits for NGSO FSS satellites that are above 57.5 degrees Northern latitude and below 57.5 degrees Southern latitude are more stringent because of the increased susceptibility of GSO FSS earth stations operating at these latitudes to receive NGSO FSS interference. The wanted signal level received by GSO FSS earth stations at extreme latitudes is attenuated significantly due to the increased transmission path (from GSO orbit to earth station location) and the use of edge-of-beam satellite transmissions to serve these geographic areas. In addition, the relatively light population density at these latitudes allows NGSO FSS systems to direct fewer active satellite beams to these areas, thereby, generating less power and reducing the level of interference. This is because susceptibility to NGSO FSS induced sync loss only occurs during an "in-line" event. An "in-line" event is a physical phenomena in which a GSO FSS satellite, NGSO FSS satellite and GSO FSS earth station are aligned in a straight line. During an in-line event, the GSO FSS earth station would receive the highest interference level from the transmitting NGSO FSS satellite through the mainbeam of the GSO FSS earth station antenna. Generally, the larger the GSO FSS earth station antenna, the more stringent the required NGSO FSS EPFDdown limits. This need for the more stringent limits is due to the higher main beam gain associated with larger GSO earth station antennas. Adopting EPFDdown limits for protection of 3 and 10 meter GSO FSS earth station antenna sizes should also protect GSO FSS earth stations between 3 and 10 meters in diameter. The actual interference from a NGSO FSS system is represented by a continuous curve of EPFDdown levels not to be exceeded for percentages of time from 0% to 100%. Administrations implementing NGSO FSS satellite networks in frequency bands where additional operational limits have been established are required to commit that the NGSO FSS system will meet the additional operational EPFDdown limits that are specified in Table S22-4A1 under No. S22.5I. WRC-2000 included this additional requirement in Appendix S4, Item A.15 of the Radio Regulations. See Provisional Final Acts of WRC-2000, Appendix S4, Annex 2A. See also Resolution COM 5/31. Section 25.201 of the Commission's Rules, 47 C.F.R. 25.201, is amended to include the definition of EPFD. See ITU-R Recommendation S.1428, "Reference FSS Earth -Station Radiation Patterns for Use in Interference Assessment Involving NON-GSO Satellites in Frequency Bands Between 10.7 GHz and 30 GHz," June 25, 1999. SkyBridge Comments at 99. See 47 C.F.R.  25.208(d) (EPFD definition which include reference earth station antenna pattern); see footnote 1 to Table 1D in Section 25.208(d) (ITU Rec. S.1428 shall be used only for the calculation of interference from non-GSO FSS systems into GSO FSS systems). Hughes Supplemental Comments at 2, Lockheed Martin Supplemental Comments at 4-5, PanAmSat Supplemental Comments at 2-3, and GE Supplemental Comments at 3. GE Supplemental Comments at 3 and PanAmSat Supplemental Comments at 11-12. Hughes Supplemental Comments at 2-3. Boeing Supplemental Comments at 4 and SkyBridge Supplemental Comments at 3. SkyBridge Supplemental Comments at 15. Lockheed Supplemental Comments at 6-7 and Virgo Supplemental Comments at 3-4. Specifically, we proposed that each NGSO FSS applicant provide its hand-over and satellite switching strategies, satellite beam patterns, and earth station antenna patterns. Further, we proposed that each NGSO FSS applicant provide the orbital parameters required to comply with the U.S. international obligations required in Section A.4 of APS4 of the ITU Radio Regulations. NPRM at 81. SkyBridge Supplemental Comments at 13 and Loral Supplemental Comments at 5. SkyBridge Supplemental Comments at 13-14. PanAmSat Supplemental Comments at 13. Boeing Comments at 84 and STA Comments at 8. STA Comments at 8. Telesat comments at 6, citing ITU-R WP4A/TEMP/92 (Rev.1). Results of the validation process will also be useful, in part, in determining the aggregate interference from multiple NGSO FSS systems operating co-frequency. See Appendix A. To demonstrate compliance with the validation limits, an NGSO FSS system operator must derive the NGSO FSS EPFDdown distribution levels as a function of percentage of time using software developed in accordance with the ITU software specification. This software specification requires the NGSO FSS operator to supply the NGSO satellite PFD mask, which defines an envelope of the maximum power radiated by each individual NGSO space station, independent of the resource allocation scheme used by the NGSO FSS system and the traffic carried by the NGSO FSS system. This PFD mask approach makes some conservative assumptions with regard to the NGSO FSS system's traffic patterns and beam switching strategy. From the GSO FSS perspective, it is desirable to make a worst-case assessment of the NGSO FSS interference potential in order to provide incumbent operators with a level of assurance that the new interference environment will be acceptable. An NGSO FSS applicant, on the other hand, would prefer a more realistic assessment of the interference potential because that would permit it greater flexibility in implementing its system. The ITU-R is developing procedures for Administrations and operators implementing NGSO FSS and GSO FSS systems to ensure compliance with the single-entry operational and additional operational limits in Section II of Article S22. See Resolution COM 5/23 in the Provisional Final Acts of WRC-2000. If an operating NGSO FSS system exceeds the operational EPFDdown or the additional operational EPFDdown limits into an operational GSO FSS earth station, the NGSO FSS system would need to take all necessary steps to ensure that the interference is immediately restored to levels at or below the operational EPFDdown limits. See CPM Report Section 3.1.2.4.7. See also S5.441 and S5.484A of the ITU RR. See, e.g., Hughes Supplemental Comments at 2, Lockheed Supplemental Comments at 4-5, PanAmSat Supplemental Comments at 2, GE Supplemental Comments at 2, and SkyBridge Supplemental Comments at 12-14. PanAmSat Supplemental Comments at 21. GE Supplemental Comments at 4. Id. at 4. The probability density function describes the distribution of interference levels as a function of antenna size and the percentage of time. Boeing Supplemental Comments at 5. Id. at 6. PanAmSat Supplemental Comments at 14-15. SkyBridge Supplemental Comments at 19. Id. at 17. Since the additional operational limits are more stringent than the validation limits, it is likely that the NGSO FSS operator will need more precise software to verify that its system does not exceed the additional operational limits. Further, more exact system parameters (e.g., satellite antenna performance, satellite/earth station resource allocation scheme, spacecraft antenna beam switching algorithm) will need to be used in order to simulate actual NGSO FSS interference levels. The NGSO FSS licensees may need to submit certain data it believes is proprietary business information. If this is the case, a licensee(s) may request confidential treatment of this specific information in accordance with Section 0.459 of the Commission's Rules. See 47 C.F.R.  0.459. We do expect, however, that some information required for the compliance demonstration as well as the results of the compliance demonstration with operational and additional operational limits will be made available to the public. This demonstration will be included in the milestone requirements of the NGSO FSS space station authorization. Earth station applicants seeking access to a non-U.S. licensed NGSO FSS system will have a similar milestone requirement in its U.S. earth station authorization. See Appendix A. See e.g., GE Supplemental Comments at 3 and PanAmSat Supplemental Comments at 21. PanAmSat Supplemental Comments at 21. GE Supplemental Comments at 6. SkyBridge Supplemental Comments at 9, citing the CPM-99 Report Sections 3.1.2.4.7 and 3.1.2.4.8. GE agrees that the Commission should take into account the results of WP4A efforts in devising regulatory measures applicable to the measurement of NGSO FSS power levels. See GE Supplemental Comments at 5. GE Supplemental Comments at 5 and PanAmSat Supplemental Comments at 21. Boeing Supplemental Comments at 7. See Appendix A. See, e.g., 47 C.F.R. 25.160. See Appendix A. NPRM at 73-74. See, e.g., Satellite Coalition Comments at 5, Boeing Comments at 52-55, PanAmSat Comments at 13, GE Reply Comments at 4-6, and Telesat Canada Comments at 4. PanAmSat Supplemental Comments at 17-18. SkyBridge Supplemental Comments at 21. Boeing Comments at 4. SkyBridge Comments on Results of WRC-2000 at 10-11 (filed July 20, 2000). See Resolution [COM 5/6] contained in Provisional Final Acts of WRC-2000, which requests the ITU-R to develop a methodology for calculating the aggregate EPFDdown levels produced by multiple NGSO FSS systems. Virgo Supplemental Comments at 4-5. GE Comments at 9-10 and GE Reply Comments at 2. Lockheed Supplemental Comments at 10. PanAmSat Supplemental Comments at 17. See Appendix A. The ITU-R agreed that "[a] value of 3.5 for Neffective was to be used to determine the final values of single-entry EPFDdown versus percentage of time to be applied in bands currently covered under Resolution 130 (WRC-97). This value is to be used solely for the purpose of deriving single-entry EPFDdown masks from aggregate EPFDdown masks and is not a representation of the actual number of non-GSO FSS systems that can share a given frequency band." See Sections 3.1.1.1 and 3.1.1.2 of the CPM Report. This conversion factor does not correspond to the number of NGSO FSS systems that can be accommodated due to the different NGSO FSS constellations proposed. See Resolution COM 5/6 from the Provisional Final Acts of WRC-2000 entitled "Protection of GSO FSS and GSO BSS Networks from the Maximum Aggregate Equivalent Power Flux-Density Produced by Multiple NGSO FSS Systems in Frequency Bands where EPFD Limits Have Been Adopted." This Resolution calls for study of "a suitable methodology for calculating the aggregate EPFD produced by all NGSO FSS systems." Id. Qualcomm Comments at 3. Id. at 4. SkyBridge Reply Comments at 25 and Boeing Reply Comments at 43-45. SkyBridge Comments at 47. Loral Reply Comments at 3. PanAmSat Reply Comments at 22. See Appendix S5 of the Provisional Final Acts of WRC-2000. See Appendix A,  25.208(g), which shows operational EPFDdown limits for antenna diameters of 3, 6, 9, and > 18 meters. The operational EPFDdown limits for antenna diameters of between 10 and 18 meters may be found by using linear interpolation. In order to preserve station-keeping fuel as a satellite nears its end of life, a satellite operator may stop maintaining station-keeping of the satellite in the north-south direction, thus allowing the satellite to drift at an angle of inclination from the GSO arc (i.e., operate in an inclined orbit). North-south station-keeping fuel is one of the main factors that limits a satellite's life. A satellite in inclined orbit is able to drift within a pre- defined north and south boundary, for example + 5 degrees from its nominal orbit location. Non-inclined geostationary satellites are maintain drift by only + 0.05 degrees or less in the north-south or the east-west directions of the assigned orbital positions. NPRM at 27. PanAmSat Comments at 19. Loral Comments at 6. Telesat Canada Comments at 7. GE Comments at 23. See SkyBridge Comments at 53 and SkyBridge Reply Comments at 34. See Table S22-4A of the Provisional Final Acts of WRC-2000, which defines single-entry operational EPFDdown limits as a function of the orbital inclination of the GSO satellite. See 47 C.F.R.  25.208. At the present time, one U.S. GSO FSS satellite operates within the inclination angle of 4.5 degrees and another such satellite operates near this angle. See 47 C.F.R.  25.280. See, e.g., AT&T Corp. Application for Modification of TELSTAR 303 Domestic Fixed-Satellite, Order and Authorization, 11 FCC Rcd 10570 (1999). NPRM at 29-31. PanAmSat Comments at 24. Id. at 25. By providing a guardband around these frequencies of 1 megahertz on either side produces an exclusion zone of only 3 megahertz for the command frequencies and 4 megahertz for the telemetry frequencies. SkyBridge Comments at 54 and Loral Comments at 13. Loral Comments at 7, GE Comments at 23, SkyBridge Comments at 54, and Telesat Canada Comments at 8. SkyBridge Comments at 55. GE Comments at 24. Preliminary ITU-R studies indicate that: (1) sufficient protection of telemetry downlinks will be provided by EPFDdown limits and no special conditions are required; and (2) to not unduly constrain the design of NGSO FSS systems, it may be useful to locate GSO TT&C carriers in specific portions of the band (i.e., near the band edge). See ITU Radio Regulations, Appendix 30B and 47 C.F.R.  2.106 footnote NG104. We note that there is one licensee using the U.S. Appendix 30B assignment in this band for domestic feeder links for a GSO MSS system. Our database indicates that there are 9 authorizations issued for GSO FSS earth stations in the 12.75- 13.25 GHz band. These authorizations do not indicate the actual number of earth stations or antennas that a licensee might deploy. Additionally, this number may not include several international earth station authorizations issued before 1995 when the IBFS database was created. NPRM at 32. Id. at 33-36. SBE Comments at 1. Id. at 2; SBE October 8, 1997 Comments at 4. See SBE Reply Comments at 2. Id. at 3. Boeing Reply Comments at 22. SkyBridge Reply Comments at 55. See 47 C.F.R.  74.602. TV pickup stations are land mobile stations used for the transmission of material from scenes of events occurring at points removed from the TV broadcast studio to the TV broadcast station, see 47 C.F.R. 74.601(a). There are currently 211 television markets in the U.S. Broadcast and Cable Yearbook 1998 at B234. Comsearch Comments at 5. SBE Comments at 1. See 47 C.F.R.  74.602, 74.638, 78.36. NPRM at 36. Id. at 37. Loral Comments at 8, Boeing Comments at 34, SkyBridge Reply Comments at 29, and STA Comments at 4-5. Telesat Canada Comments at 4. PanAmSat Comments at 16 and STA Comments at 4-5. See ITU-R Recommendation S.672, "Satellite Antenna Radiation Pattern for use as a Design Objective in the Fixed-Satellite Service Employing Geostationary Satellites." The reference GSO FSS space station antenna patterns used in the calculation of EPFDup are the single-feed patterns defined in this recommendation, assuming a peak gain of 32.4 dBi, a beamwidth of 4 degrees, and a first side lobe level of -20 dB. See Doc. JTG 4-9-11/TEMP/40(Rev.2). The new definition, EPFDup takes into account GSO satellite receive antenna directivity in order to make a more accurate assessment of interference caused by NGSO FSS networks. See OpTel Petition for Rule Making, RM-9257, filed April 1, 1998. See Petition for Rule Making to Amend Eligibility Requirements in Part 78 Regarding 12 GHz Cable Television Relay Service, Notice of Proposed Rule Making, CS Docket No. 99-250, 14 FCC Rcd 11967 (1999). CARS stations also may transmit in a hub configuration, distributing signals to multiple individually coordinated receiver sites. This "point-to-multipoint" configuration does not include transmissions to multiple, unspecified receiving locations. See Notice of Proposed Rule Making, CS Docket No. 99-250, at n.8. OpTel Comments at 3. SkyBridge Comments at 76. See Notice of Proposed Rule Making, CS Docket 99-250, 14 FCC Rcd 11967 (1999). NPRM at 38. See Amendment of Parts 2, 25, and 90 of the Commission's Rules to Allocate the 13.75-14.0 GHz Band to the Fixed-Satellite Service, ET Docket No. 96-20, Report and Order, 11 FCC Rcd 11951 (1996). NPRM at 38. The standard frequency and time signal-satellite service is a radiocommunication service using space stations on earth satellites for scientific, technical and other purposes, providing the transmission of specified frequencies, time signals, or both, of stated high precision, intended for general reception. This service may include feeder links necessary for its operation. The space research service is a radiocommunication service in which spacecraft or other objects in space are used for scientific or technological research purposes. See 47 C.F.R.  2.1. Id. See 47 C.F.R.  2.106 footnote S5.503. See 47 C.F.R.  2.106 footnote US337. NPRM at 39. Id. at 42. Id. at 40. Id. at 44. Id. at 43. Boeing Comments at 38. Id. at 39. Id. at 40. GE Reply Comments at 10. Id. SkyBridge Comments at 14. See 47 C.F.R.  2.106 footnote US337. SkyBridge Reply Comments at 10. Letter of April 9, 1999 from David Struba, NASA IRAC Representative to William Hatch, Chairman, IRAC, at 1. Id. at 2. See Provisional Final Acts of WRC-2000, No. S5.503. See Resolution 733(WRC-2000), "Review of sharing conditions between services in the band 13.75- 14 GHz." See October 20, 2000 Letter from William T. Hatch, Associate Administrator, Office of Spectrum Management, NTIA, to Dale Hatfield, Chief, Office of Engineering and Technology. See August 7, 2000 Letter from David P. Struba, NASA IRAC Representative, to Norbert Schroeder, Acting Chairman IRAC. See Appendix A. NPRM at 45. Id. at 46. SkyBridge Comments at 21. Loral Comments at 10. BSS transmissions are downlinks to subscriber dishes that typically carry video programming. BSS feeder links are uplinks to BSS satellites and are performed in FSS allocations. Feeder links are used to send programming to the satellite for retransmission on BSS downlink frequencies. NPRM at 47. Id. Id. at 48. Id. at 50. Id. at 51. See Redesignation of the 17.7-19.7 GHz Frequency Band, Blanket Licensing of Satellite Earth Stations in the 17.7-20.2 GHz and 27.5-30.0 GHz Frequency Bands, and the Allocation of Additional Spectrum in the 17.3-17.8 GHz and 24.75-25.25 GHz Frequency Bands for Broadcast Satellite-Service Use, Notice of Proposed Rule Making, IB Docket No. 98-172, 13 FCC Rcd 19923 (1998) (18 GHz NPRM). EchoStar Comments at ii. EchoStar Reply Comments at 11. Id. at 12. Id. at 13. DIRECTV Reply Comments at 37. Id. at 38. DIRECTV Comments at 12. SkyBridge Comments at 19-20. Id. at 20. Id. Id. at 20-21. Virgo also supports use of the 17.3-17.8 GHz band by NGSO FSS. See Virgo Reply Comments, at n.13. SkyBridge Reply Comments at 11. Id. at 10. See Redesignation of the 17.7-19.7 GHz Frequency Band, Blanket Licensing of Satellite Earth Stations in the 17.7-20.2 GHz and 27.5-30.0 GHz Frequency Bands, and the Allocation of Additional Spectrum in the 17.3-17.8 GHz and 24.75-25.25 GHz Frequency Bands for Broadcast Satellite-Service Use, Report and Order, IB Docket No. 98-172, FCC 00-212, 65 FR 54155 (September 7, 2000). See Letter from William T. Hatch, IRAC Chairman, to Dale Hatfield, Chief, Office of Engineering and Technology, dated October 29, 1998. NPRM at 51. Id. at 53. Id. at 53-54. See supra, 111. See 47 C.F.R.  101.147(p). NPRM at 52. Id. Id. at 59. Id. at 8. Northpoint filed its Petition for Rule Making requesting the establishment of this service in March 1998. That petition was designated RM-9245, and was placed on public notice on March 23, 1998. See Public Notice, Report No. 2265. NPRM at 8. We note that Northpoint originally proposed its service as a supplement to DBS operations in the 12.2-12.7 GHz band. Subsequently, on January 8, 1999 Northpoint and its affiliates filed terrestrial license applications for the 12.2-12.7 GHz band covering the entire United States under the name Broadwave. In Northpoint's March 2, 1999 comments it argues that its proposed service and associated applications could provide nationwide video and data services and ignite competition to cable and other multichannel video program distributors. See Northpoint Comments at Summary. Id. at 95. Id. at 91-92. We note that the 12 GHz DBS service is in an ITU "planned band" and is based on using analog receivers. The ITU-R recommends similar noise allocations as the GSO FSS networks for digital DBS using the planned band assignments. DIRECTV contends that Northpoint has not demonstrated why it requires the 12.2-12.7 GHz band for its proposed service, and asserts that other spectrum is available. DIRECTV Comments at 4-7. Northpoint maintains that its technology requires deployment in the 12.2-12.7 GHz band because it was designed specifically to use existing commercially available consumer and transmission equipment in that band. Northpoint Reply Comments at i-iv, 1-2. Compliance with the "validation" limits will be checked by the ITU/BR under Radio Regulation No. S9.35 and S11.31. See also Section 3.1.2.4.6 of the CPM Report. ITU-R Recommendation BO.1503 provides the specification for the software that the BR/ITU would use to verify that a NGSO network meets the EPFD limits. NPRM at 58. DIRECTV insists that the Commission ensure that any EPFDdown limits adopted fully protect the examples of future BSS links contained in the ITU database, in order to preserve the ability of BSS systems to innovate. DIRECTV Reply Comments of at 37. See, e.g., SkyBridge Comments at 64 (SkyBridge asserts that future systems, as opposed to existing systems, can plan for the NGSO FSS environment, and take such systems into account in developing link budgets for future BSS systems). NPRM at 59. EchoStar Reply Comments at 5-6 and Boeing Reply Comments at 13. See, e.g., SkyBridge Comments at 58-59, DIRECTV Comments at 9, DIRECTV Reply Comments at 35, and EchoStar Reply Comments at 7. SkyBridge Supplemental Comments at ii-iii. Some commenters, such as DIRECTV, did express concern about certain aspects of the agreement, such as the implementation of operational limits, or proposed additional provisions, such as an additional limit for 180 cm BSS earth station antennas in Alaska. DIRECTV Supplemental Comments at 9, 10-12. Boeing Supplemental Comments at 3. We are including EPFDdown limits for 30 cm and 300 cm diameter BSS earth station antennas, although there is no requirement for BSS earth station antennas of these sizes in the United States. No representative from the BSS industry proposed EPFDdown limits for 30 cm or 300 cm diameter BSS earth station antennas, nor are such antennas in use in the United States. See, e.g., DIRECTV Comments at 9. If a DBS entity wishes to implement BSS earth station antennas of this diameter in the United States, they would have to specify this antenna size in their application for a DBS authorization. The Commission would review the technical information submitted with the application, and determine if such operations can be accommodated within the interference environment in the United States. For example, 30 cm BSS earth station antennas may not be compatible with the BSS Plan assignments of other Administrations. DIRECTV Reply Comments at 35, 37; and EchoStar Reply Comments at 7. ITU-R circular letters CR/92 and CR/116 requested that Administrations submit information on their existing and planned GSO BSS systems. The compiled set of GSO BSS system characteristics is contained as an Annex to ITU-R Recommendation BO.1444. Hereinafter, we refer to this set of compiled GSO BSS system characteristics as the "international database of GSO BSS links." The criteria is contained in draft new Recommendation ITU-R BO.1444. In addition, the criteria is described in Section 3.1.3.1 of the CPM report to WRC-2000. Annex 11 (Preliminary draft new report: Derivation of EPFDdown Limit Masks) to Document 10- 11s/209-e, dated 16 June 1999, the Chairman's Report of the Third Meeting of JWP 10-11s, Geneva, 19-28 May, 1999. Id. Id. For example for 90 cm diameter GSO BSS earth station antennas, 3 links are not protected to the first criterion, the 10 % increase in BSS link unavailability. Section 4 ("Further Work") of Annex 1 to Appendix 1 of the Chairman's Report of the Third Meeting of JTG 4-9-11 (Long Beach, USA, 19-29 January 1999) (Document 4-9-11/367-E, dated 5 February 1999). Section 3.1.3.1.4 (b) of the CPM Report, and recommends 3.2 of draft new Recommendation ITU-R BO.1444. Short term interference occurs for very short periods of time and is caused by NGSO FSS satellite antenna side lobe interfering into the GSO BSS receive earth station antenna mainbeam. The sidelobes of an antenna are areas outside of the mainbeam (i.e., main/desired pointing direction of the antenna) and an antenna has lower gain in its sidelobes than in the mainbeam. Many NGSO FSS systems are designed in such a way that their power naturally decreases at these high latitudes that are located outside of high population areas. Also, Document 4-9-11/245-E (from France, dated 13 January 1998) demonstrates that F-SATMULTI-1B satellites whose sub-satellite points are greater than 40? latitude will have a much lower PFD versus satellites whose sub-satellite point is less than 40? latitude. These limits are contained in Section 5c) of Annex 1 to Appendix S30 of the ITU Radio Regulations (Edition 1998). See U.S. input document to the CPM, Document CPM99-2/29 and its corrigendum, see also Policies and Rules for the Direct Broadcast Satellite Service, Notice of Proposed Rule Making, 13 FCC Rcd. 6907, 6934 (1998) ("DBS NPRM"). As noted in the comments, the ITU software validation tool may be overly conservative so that it hinders efforts to arrive at EPFDdown limits acceptable to all parties. In particular, NGSO FSS interests may have to add significant margins to the limits to ensure that their systems can pass. DIRECTV Reply Comments at 32. SkyBridge Comments at 38, 94-97. STA Comments at 8. Footnote 25 to Table S22-4C of the Provisional Final Acts specifies that the operational limit may be implemented for a transition period of 15 years if the PFD limits in Section 5c) of Annex 1 to Appendix S30 are sufficiently relaxed; DIRECTV Supplemental Comments at 9. DIRECTV Supplemental Comments at 9. Id. at 10-12. Boeing Supplemental Comments at 3. Section 100.53, 47 C.F.R  100.53, of the Commission's Rules requires that DBS licensees provide service to Alaska and Hawaii. See also Policies and Rules for the Direct Broadcast Satellite Service, Notice of Proposed Rule Making, 13 FCC Rcd. 6907, 6926 (1998). This requirement is not supported by the GSO BSS links that the United States supplied to the ITU-R, nor does DIRECTV provide complete information in its comments on the BSS links to Alaska that justifies this value. In addition, the value of downlink e.i.r.p. to Anchorage that DIRECTV specifies in its comments is not supported by DIRECTV's DBS satellite applications submitted to the Commission. Section 3.1.2.4.7 of the CPM Report. EchoStar asserts it needs greater protection. See Document CPM99-2/29 + Corr. 1. Document CPM99-2/29 + Corr. 1. Letter from Jeffrey Olson, Attorney for SkyBridge L.L.C. to Magalie Roman Salas, Secretary, dated December 30, 1999, and Attachment. See new Section 25.208(i) and (j) in Appendix A. See new Section 25.145(b)(2). NPRM at 58. These new antenna patterns are found in Annex 1 to Recommendation ITU-R BO.1443 See Table S22-1D and note 14 of Article S22, of the Final Acts. The software functional description is contained in ITU-R Recommendation BO.1503. NPRM at 80. See e.g., DIRECTV Reply Comments at 34 and DIRECTV Supplemental Comments at 12. DIRECTV Supplemental Comments at 14. Loral Comments at 19, SkyBridge Comments at 93, Boeing Comments at 84, and STA Comments at 8. Boeing Comments at 84. STA Comments at 8. Section 3.1.2.4.6 of the CPM Report. Compliance with the "validation" limits will be checked by the ITU/BR under Radio Regulation No. S9.35 and S11.31. These limits are defined in ITU-R Recommendation BO.1503. The functional description was finalized by the JTG 4-9-11 at its May/June 1999 meeting. JWP 10- 11S further reviewed several aspects at its October 1999 and WP4A reviewed it at its February 2000 meeting. See Appendix A Section 3.1.2.4.7 of the CPM Report to WRC-2000. Resolution [COM5/6] (WRC-2000). The CPM recognized that in order to implement the operational limit concept, a procedure is needed which: i) identifies non-GSO systems exceeding the operational limits; and ii) ensures immediate reduction of the interference level to the operation limits by any non-GSO system exceeding those limits. DIRECTV Supplemental Comments at 9, 13. PanAmSat Supplemental Comments at 21. SkyBridge Supplemental Comments at 16. Boeing Supplemental Comments at 5. DIRECTV Supplemental Comments at 14. Virgo Supplemental Comments at 4. DIRECTV Supplemental Comments at 14. SkyBridge Supplemental Comments at 15-16. Specifically, SkyBridge refers to 47 C.F.R.  25.271- 25.274 and 25.160. Compliance of U.S.-licensed NGSO FSS systems with the operational limit to protect BSS receive earth stations outside of the United States is not relevant, as the "operational" limit only applies in Alaska or Hawaii. See ADD S22.5I in Article S22 of the Provisional Final Acts. No. S22.2 specifies that NGSO FSS systems shall not cause unacceptable interference to GSO FSS and BSS systems operating in accordance with the Radio Regulations. Specifically, we will require each NGSO FSS licensee to provide the following information: (1) the satellite/earth station resource allocation strategy, spacecraft antenna switching algorithm and the measured spacecraft antenna patterns; (2) a description of how this resource strategy/algorithm and the space craft antenna patterns are being used in the software program; (3) the software program used to verify the commitment that the operational limits and the assumption used in the structure of the computer program; (4) an identification and description of other input parameters necessary for the execution of the computer program and (5) analysis of the results of the computer simulation and the pass/fail nature of the commitment test. NPRM at 73-74. DIRECTV Reply Comments at 34, DIRECTV Supplemental Comments at 7, and EchoStar Reply Comments at 7. See also GE Comments at 10 and PanAmSat Comments at 14. DIRECTV Supplemental Comments at 6-7. EchoStar Reply Comments at 9-10. SkyBridge Supplemental Comments at 21-22. Resolution WWW is now Resolution [COM5/6](WRC-2000). Boeing Supplemental Comments at 5. Boeing bases its view on the fact that the single-entry limits were derived from the aggregate levels using a factor of 3.5. See new Section 25.208(j) in Appendix A. Further, Resolution [COM5/6] specifies that Administrations operating or planning to operate NGSO FSS systems take all possible steps, including modifications to their systems if necessary, to ensure that the aggregate interference into GSO networks does not exceed certain aggregate power levels. If these levels are exceeded, Resolution [COM5/6] states that the Administrations with NGSO FSS systems shall expeditiously take all necessary measures to reduce the aggregate EPFD levels to the agreed levels, or to a higher level (i.e., more interfering level) that is acceptable to the affected GSO Administration. NPRM at 62. Id. at 29-31. SkyBridge Comments at 65. DIRECTV Comments at 15. Id. at 15. NPRM at 61. See DIRECTV Application Comments at 15. According to DIRECTV, these antennas tend to have wider beams in elevation than in azimuth, sometimes significantly wider. NPRM at 61. See 47 C.F.R.  100.3. SkyBridge Comments at 63. Id. SkyBridge bases this assertion on the fact that the lobes of the antennas are mainly in the azimuth and elevation plane with some discrimination in other directions, and the low directivity of the antennas increases the interference from adjacent GSO satellites, increasing the system noise temperature. DIRECTV Comments at 16-17. Id. at 18. Specifically, a three dimensional analysis of the gain of a DBS dish antenna indicates that an MVDDS signal could come over the back and side edge of the antenna and enter directly into the offset feed, resulting in an interfering signal with minimal suppression (gain of approximately -2 dBi). See DIRECTV Report of January 27, 2000, at 6. Northpoint Comments at 4, 11-13. Id. at 17-18. See, e.g., Satellite Broadcasting and Communications Association Comments at 2-3 and EchoStar Comments at 8-14. See also DIRECTV/EchoStar filing of July 25, 2000. DIRECTV ex parte presentation of April 8, 1999 at 5. EchoStar ex parte presentation of October 29, 1999 at 1-7. We note that after the NPRM in this proceeding was issued, Northpoint, under the name Broadwave LLC, filed approximately 70 applications for licenses under Part 101 (Fixed Microwave Services) of our rules. In these applications, Northpoint proposes to provide a multichannel video distribution and one-way Internet data service either as a supplementary service to DBS or as a competitor to DBS in this band. Northpoint ex parte presentation of March 17, 2000 at 3-18. Northpoint ex parte presentation of February 9, 2000 at 9. Id. at Attachment 1, final slide. See e.g., Northpoint's December 1998, Progress Report WA2XMY; Northpoint's October, 1999 Progress Report WA2XMY; Technical Annex to their Comments; and other ex parte filings. Northpoint ex parte filing of February 10, 2000 at 5. See DIRECTV ex parte filing of January 27, 2000; DIRECTV ex parte filing of February 3, 2000; and EchoStar ex parte filing of October 29, 1999. DIRECTV ex parte filing of January 27, 2000 at 25. See Experimental Authorization File No. 0094-EX-ST-1999. DIRECTV and EchoStar ex parte filing of July 25, 2000. Id. at 5. Northpoint ex parte filing of July 31, 2000. See 47 C.F.R.  2.1 (emphasis added). This is consistent with recent federal legislation that requires that no facility licensed or authorized to deliver local broadcast television signals "causes harmful interference to the primary users of that spectrum or to public safety spectrum use." See infra 264 (Rural Local Broadcast Signal Act). See DIRECTV April 11, 1994 report "Terrestrial Interference in the DBS Downlink Band" at 8. See example contained in Appendix I. Northpoint was granted an experimental license under the name Diversified Communication Engineering, Inc. in July 1997. It has conducted tests of its technology in Texas and in the Washington, DC metropolitan area to demonstrate that its proposed service can operate without causing harmful interference to incumbent DBS operations. See DIRECTV and EchoStar ex parte filing of July 25, 2000. Planar antennas are flat antennas that eliminate backlobe interference. For our discussion, C is the signal level for DBS and I is the signal level of MVDDS at the DBS receiver site. We would accept other models for the calculation of the C/I ratio and the construction of the mitigation zone. However, these models must be agreed to by both DBS and MVDDS licensees. While Virgo originally opposed sharing spectrum with a Northpoint type operation, it later announced that its system could share with Northpoint's proposed system. See March 8, 2000 ex parte letter from David Castiel, President, Virgo; and Sophia Collier, President, Northpoint. Boeing April 28, 2000 ex parte presentation. SkyBridge Comments at 114-115. Specifically, Northpoint contends that directional transmission, maximum altitude transmit antenna placement, transmit beam tilting, antenna radiation discrimination, and natural shielding and terrain blocking will facilitate spectrum sharing with NGSO FSS as well as DBS operations. Northpoint Technical Annex at 34. Northpoint Comments at 17-28. Northpoint Reply Comments at i-iv. Most likely, this is because MVDDS links have tighter constraints on their operations in order to protect DBS operations and because fixed point-to-point links use larger antennas with greater selectivity (higher gain). Specifically, Northpoint claims that the proposed SkyBridge, HughesLINK and HughesNET systems present a problem because their satellites transmit low to the horizon, which would increase interference to terrestrial systems, while the other 5 proposed systems have higher elevation operating angles which would limit the amount of signal energy arriving at low elevation angles. Northpoint states that the Hughes and SkyBridge systems could eliminate any potential interference to terrestrial receivers if they reduce their radiated levels towards elevation angles below 5 degrees or alternatively they could use frequency separation or increase their elevation mask. See Northpoint Technical Annex at 22. SkyBridge February 18, 2000 ex parte document at 3. Boeing February 16, 2000 ex parte Presentation at 6. Boeing's proposed system utilizes satellite diversity and frequency diversity to avoid interference with other satellite systems, but claims that such techniques could not be used to avoid signal blockage from terrestrial sources. Rather, Boeing uses a minimum elevation angle of 30 degrees. SkyBridge February 18, 2000 ex parte document at 4. NGSO FSS proponents call the area close to a MVDDS tower an "exclusion zone" and Northpoint calls it a "coordination area." For the purposes of this document, we will refer to this area as a mitigation zone because we haven't decided whether coordination is necessary and because potential interference to NGSO FSS earth stations could be mitigated in the area. A typical proposed Northpoint type service cell would have a diameter of about 16 km (10 miles). Each cell could have an area in front of the tower where NGSO FSS receivers from some systems could receive interference depending on the design of the system. For example, Northpoint provided a sample deployment within a 40 km (25 mile) radius of Washington, DC. That area includes 23 proposed transmitting towers, thereby creating 23 zones where NGSO FSS receivers may have to take steps to avoid interference. Sharing problems are more likely to occur in metropolitan areas where transmitters will have more limited deployment options and may be surrounded by NGSO FSS subscribers. However, we note that the great majority of each zone would not have any potential interference sharing problems because most NGSO FSS receivers would be a sufficient distance away from transmitting towers. Higher elevation NGSO FSS systems - such as those proposed by Virgo, Denali, and Boeing - would require less separation from MVDDS transmitters than LEO systems - such as those proposed by SkyBridge and Hughes - because higher elevation earth stations would not look at satellites just over the horizon. For example, an MVDDS operator will have to limit its transmitter power in order to protect DBS operations, and will likely deploy its transmitters in a manner that will minimize the number of residents in DBS remediation zones. Both of these factors will help achieve spectrum sharing with NGSO FSS earth stations. NPRM at 63. WRC-97 adopted a secondary allocation for maritime-mobile and land-mobile satellite services. Id. at 64. Id. at 64-65. Id. at 75. SkyBridge Comments at 87; Boeing argues that the critical issue is not whether arc avoidance is used, but whether NGSO FSS systems are able to avoid producing unacceptable interference into GSO FSS systems and other users of the band, and whether they can operate co-frequency with other NGSO FSS systems. Boeing Comments at 82. Reply Comments of PANAMSAT at 24; Hughes also urges the Commission to take into account the interference characteristics of the individual NGSO FSS system applications that have been filed, Reply Comments of Hughes at 4. GE Comments at 26-27. In particular, GE states that GSO arc avoidance avoids NGSO FSS satellite main beam into GSO earth station main beam interference which would be beneficial in the protection of GSO satellites operating in inclined orbits, and can also protect NGSO FSS systems from GSO systems. For example, several NGSO FSS applicants propose to employ highly elliptical orbit satellites. See summary of Virgo and Pentriad's applications at Appendix C of this First R&O. Using this constellation design, the satellites would only transmit during a small portion of their orbit (at perigee), where the satellites are separated from the geostationary arc by at least 40 degrees. These limits, contained in Section VI of Article S22 and Resolution 130, were suspended by WRC-97 due to concerns expressed by many Administrations regarding the impact on older GSO FSS earth stations of including such limits in the Radio Regulations. WRC-97 decided that more time was needed to study the suspended limits. NPRM, proposed rule Section 25.204(g), Appendix A. See Revision of Recommendation ITU-R S.524-5 Maximum Permissible Levels of Off-Axis e.i.r.p. Density From Earth Stations in GSO Networks Operating in the Fixed-Satellite Service Transmitting in the 6, 14 and 30 GHz Frequency Bands. For example, we proposed to apply the limits only within ñ3§ of the geostationary orbit, and allow for TT&C operations to exceed the limits. See e.g., 47 C.F.R.  25.208(b), 25.209, 25.211(d), 25.212(c). SkyBridge Comments at 87 and SkyBridge Reply Comments at 72. Comments of Boeing at 82-83; SkyBridge proposes a revised rule that also includes the relaxation of the limits by "Z" dB. "Z" dB refers to some yet to be determined amount. Comments of SkyBridge at 89-90. Comments of Loral at 18; Comments of GE at 27-28. WRC-2000 adopted GSO FSS earth station off-axis e.i.r.p. density limits to be included in the Radio Regulations. These limits are 3 [three] dB more relaxed than the WRC-97 limits. See Article S22, Section VI of the Provisional Final Acts of WRC-2000. There are two components to the off-axis e.i.r.p. density of an earth station--the earth station antenna performance in the sidelobe region and the RF transmitter power density. The sidelobe requirements limit the gain of the antenna in directions outside of the mainbeam (wanted direction) of the antenna. The RF transmitter power density limits the magnitude of the power radiated. See e.g., 47 C.F.R.  25.208(b), 25.209, 25.211(d), 25.212(c). NPRM at 78. In addition, we proposed to modify the rule not to allow the peak gain of an individual sidelobe of a NGSO FSS earth station to exceed the prescribed pattern. Comments of SkyBridge at 91. Id. Specifically, SkyBridge proposes to use an antenna gain pattern of 36- 25 log(?) (100?/D ? ? < 48?); -6 (? ? 48?). Due to the importance of the "lobe effect," SkyBridge suggests that interference analyses use the new GSO FSS earth station antenna reference pattern for the NGSO FSS user terminal as well, instead of its proposed 36-25 log (?) pattern. The "lobe effect" that SkyBridge refers to is the way the actual sidelobe performance of an antenna is in discrete "lobes" which have peaks and valleys. Because of the motion of the NGSO FSS satellites, NGSO FSS interference will sweep through the "lobes" (peaks and valleys) and interfere with earth station antennas. Comments of SkyBridge at 91-92. Comments of SkyBridge at 92. NPRM at 79. See 47 C.F.R.  25.209(a)(1). Comments of Boeing at 80. In their application for a NGSO FSS system, Boeing proposes use of Section 25.209 for its gateway earth station antennas. See Boeing's application at 53. Reply Comments of SkyBridge at 73-74. SkyBridge states that the antenna reference pattern of its gateway earth stations would comply with the antenna reference pattern of 29 - 25 log(?). SkyBridge Opposition at 67. Reply Comments of SkyBridge at 74. Comments of SkyBridge at 92. Id. NPRM, at 83. GE Comments at 30-31. Telesat Comments at 8. SkyBridge Reply Comments at 79-80. See Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, ET Docket No. 93-62, Report and Order, 11 FCC Rcd 15123, 15124, 15152 (1996); 47 C.F.R.  1.1307(b)(1), 1.1310. See Rule Making to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5- 29.5 GHz Frequency Band, To Reallocate the 29.5-30.0 GHz Frequency Band, To Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Service, CC Docket No. 92-297, Second Report and Order, Order on Reconsideration, and Fifth Notice of Proposed Rule Making , 12 FCC Rcd 12545, 12670, 295 (1997) (LMDS Order); Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112, 19129, 37 (1998) (MDS/ITFS Order); Amendment to Parts 1,2 , 87, and 101 of the Commission's Rules to License Fixed Services at 24 GHz, WT Docket No. 99-327, Report and Order, 15 FCC Rcd 16934 (2000) ("24 GHz Report and Order"); 47 C.F.R.  1.1307(b)(1). See Promotion of Competitive Networks in Local Telecommunications Markets, First Report and Order and Further Notice of Proposed Rule Making in WT Docket No. 99-217, Fifth Report and Order and Memorandum Opinion and Order in CC Docket No. 96-98, and Fourth Report and Order and Memorandum Opinion and Order in CC Docket No. 88-57, FCC 00-366, at 117-120. (rel. October 25, 2000); 47 C.F.R.  1.4000. We also note that local governments, associations, and property owners may require professional installation of transmitting antennas without running afoul of Section 1.4000 of our rules. Id. at 119. Table 1, 47 C.F.R. 1.1307(b)(1). See Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, FCC Office of Engineering and Technology (OET), OET Bulletin 65, August, 1997, at 53 (available at http://www.fcc.gov/oet/info/documents/bulletins/#65). See, e.g., LMDS Order, 12 FCC Rcd at 12670. We note that professional installation is in fact required for certain antennas used for MDS and ITFS under the Commission's rules. See 47 C.F.R.  21.909(n), 74.939(p). See LMDS Order, 12 FCC Rcd at 12670, 296; MDS/ITFS Order, 13 FCC Rcd at 19129, 38; see also Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order on Reconsideration, 14 FCC Rcd 12764, 12779, 29 (1999) (rules amended to provide for a positive "interlock" feature that prevents inadvertent activation of a newly installed response transmitter when the response antenna is not properly installed so as to receive signals from the associated main or booster transmitters). See NPRM at 82. See 47 C.F.R. 25.202. CORF contends that the 10.6-10.7 GHz band is important to the scientific community because it provides a substantial bandwidth at a wavelength long enough to not be substantially impeded by the Earth's atmosphere. Detailed measurements of the cosmic background are conducted in this frequency band, as are passive radiometric measurements of the sea state and wind directions over oceans, which are important in tracking hurricanes and protecting maritime activities. CORF Comments at 3. See Radio Astronomy Service, ITU-R Article S29. See Protection Criteria Used For Radioastronomical Measurements, Recommendation ITU-R RA.769-1 at 3. Specifically, because NGSO satellites can be anywhere in the sky and have the potential to transmit directly into radio astronomy receivers as they orbit over a certain area, spectrum planning may be necessary to protect the radio astronomy receivers. See September 8, 2000 Letter from The National Science Foundation to Mr. Norbert Schroeder, Acting Chairman, IRAC. Specifically, the Letter indicates that the out-of-band limits of -255 dBW/m2/Hz within five degrees of the main beam of a radio telescope and -240 dBW/m2/Hz outside of the mainbeam of the radio telescope (ITU-R RA.769-1) could be exceeded for 2% of the time by a NGSO FSS system without being considered to cause harmful interference. See Letter from William T. Hatch, Associate Administrator, Office of Spectrum Management, NTIA, to Dale Hatfield, Chief, Office of Engineering and Technology, dated October 20, 2000. See, e.g., NPRM in ET Docket No. 98-206, 14 FCC Rcd 1131 (1999) (proposals to allow NGSO FSS to share spectrum in a number of frequency bands with various incumbent services); Principles for Reallocation of Spectrum to Encourage the Development of Telecommunications Technologies for the New Millennium, Policy Statement, 14 FCC Rcd 19,868 (1999). SkyBridge Petition for Rule Making (filed July 3, 1997) ("SkyBridge Petition"). Northpoint Petition for Rule Making (filed March 6, 1998) ("Northpoint Petition"). On March 23, 1998, the Commission invited comment on the Northpoint Petition. See Corrected Public Notice, Report No. 2265 (Mar. 23, 1998). Northpoint explained that the primary benefits of its proposal included reuse of existing spectrum, facilitation of localism, and more effective DBS and cable competition. Id. All private operational fixed point-to-point microwave stations in the 12.2-12.7 GHz band operate on a secondary basis to DBS. Specifically, 47 C.F.R.  101.147(p) states: 12,000-12,700 MHz. The Commission has allocated the 12.2-12.7 GHz band for use by the broadcasting-satellite service. Private operational fixed point-to-point microwave stations authorized after September 9, 1983, have been licensed on a non-interference basis and are required to make any and all adjustments necessary to prevent interference to operating domestic broadcasting-satellite systems. Notwithstanding any other provision, no private operational fixed point-to-point microwave stations are permitted to cause interference to broadcasting-satellite stations of other countries operating in accordance with the Region 2 plan for the broadcasting-satellite service established at the 1983 WARC. See supra Section IV, B (b). See Ku Band Cut-Off Notice. See also NPRM, 14 FCC Rcd at 1169 71. See NPRM, 14 FCC Rcd at 1134-42 4-13. See id. We received 33 comments and 24 reply comments in response to the NPRM. See infra at Appendix E. Northpoint states that through its subsidiary BroadwaveUSA, Inc., it has an affiliate relationship with the 68 entities that have applied for licenses to deploy the Northpoint technology nationwide. The applicants refer to themselves as Broadwave, followed by their city of proposed service (i.e., Broadwave Albany, L.L.C.). Broadwave proposed to use the technology developed by Northpoint to enable sharing of this spectrum with existing DBS, geostationary satellite, and fixed microwave services. For the purposes of this Further NPRM, we will consider Northpoint and Broadwave to be one and the same and will refer to them both as Northpoint. Public Notice, Wireless Telecommunications Bureau Seeks Comment on Broadwave Albany, L.L.C., et al. Requests for Waiver of Part 101 Rules, DA 99-494, 14 FCC Rcd 3937 (1999) (Northpoint Waiver Request). The comment period ended on April 22, 1999. Id. Id. On October 29, 1999, DIRECTV and EchoStar (collectively, DBS licensees) filed comments addressing Northpoint's experimental tests. On January 27, 2000, DIRECTV filed a report and studies asserting that Northpoint's proposal would cause unacceptable interference to DBS operations. On Feb. 4, 2000, we denied an application for review and petitions for reconsideration and for a cease and desist order that DIRECTV and EchoStar filed against Diversified's experimental license. Finally, on February 9, 2000, the Commission granted DIRECTV and EchoStar experimental authorization in Washington, D.C. and Denver, CO to test DBS sensitivity to fixed service transmissions, such as Northpoint's proposal. On July 25, 2000, DIRECTV and EchoStar filed a "Report of the Interference Impact on DBS Systems from Northpoint Transmitter Operating at Oxon Hill, MD, May 22 to June 7, 2000" for the Commission's consideration. See Act of Nov. 29, 1999, Pub.L. 106-113 Stat. 1501 (enacting S. 1948, including the Satellite Home Viewer Improvement Act of 1999 ("SHVIA"), Title I of the Intellectual Property and Communications Omnibus Reform Act of 1999 ("IPACORA"), relating to copyright licensing and carriage of broadcast signals by satellite carriers, codified in scattered sections of 17 and 47 U.S.C.). See generally Implementation of the Satellite Home Viewer Improvement Act of 1999: Application of Network Nonduplication, Syndicated Exclusivity, and Sports Blackout Rules to Satellite Retransmissions, CS Docket No. 00-2, Notice of Proposed Rule Making, 65 Fed. Reg. 4927 (Feb. 2, 2000); Implementation of the Satellite Home Viewer Improvement Act of 1999, CS Docket No. 99- 363, Notice of Proposed Rule Making, 14 FCC Rcd 21736 (1999) (1999 SHVIA Implementation NPRM). See 1999 SHVIA Implementation NPRM, 14 FCC Rcd 21736 at 1. See Act of Nov. 29, 1999, Pub. L. 106-113, 113 Stat. 1501, 1537 (enacting S. 1948, Title II of the Intellectual Property and Communications Omnibus Reform Act of 1999 (IPACORA)), to be codified at 47 U.S.C.  338. Id. While this provision does not identify the 12.2-12.7 GHz band specifically, Northpoint's proposed service could be one alternative to satisfy this demand in rural and underserved local television markets. See also Letter from Senator Ted Stevens, et al., Committee on Commerce, Science, and Transportation to Chairman, William E. Kennard, Federal Communications Commission, dated July 27, 2000. Id. Id. Northpoint filed a Motion to Dismiss the Pegasus applications on May 23, 2000. See In the Matter of PDC Broadband Corporation Application to Provide Terrestrial Services in the 12.2-12.7 GHz Band, Motion to Dismiss (May 23, 2000). On August 21, 2000, Pegasus Broadband Corporation filed a Petition to Dismiss or Deny against the Northpoint applications. See In the Matter of Broadwave Albany, L.L.C., et al., Application for License to Provide New Terrestrial Transport Service in the 12.2-12.7 GHz Band, Petition to Dismiss or Deny (Aug. 21, 2000). On September 6, 2000, Northpoint filed an Opposition to the Pegasus Petition to Dismiss or Deny. See In the Matter of Broadwave Albany, L.L.C., et. al. - Applications for Licenses to Provide Terrestrial Services in the 12.2-12.7 GHz Band, Opposition of Northpoint Technology, Ltd. And BroadwaveUSA to Petition to Dismiss or Deny (Sept. 6, 2000). See 211, supra. This criterion is contained in draft new Recommendation ITU-R BO.1444. In addition, it is described in Section 3.1.3.1 of the CPM report to WRC-2000. Based on the agreed upon criteria and the database of representative GSO BSS links (see ITU-R Recommendation BO.1444, Annex, for the compiled existing and planned GSO BSS system characteristics that comprise the international database of GSO BSS links), the ITU-R reached consensus on both single-entry and aggregate EPFDdown limits for NGSO FSS systems in the Ku-Band. In order to calculate single-entry EPFD values, the ITU agreed to use a factor of 3.5 from the aggregate EPFD masks developed, even though the 3.5 factor does not directly correlate to the number of NGSO FSS systems that may be authorized in the allocated bands. Nonetheless, if the 3.5 factor used to develop single-entry EPFD values did represent actual systems, each NGSO FSS system that met the single-entry EPFD values would cause no more than a 2.86% increase in unavailability of a BSS network. For example, in order to meet the 2.86% criterion in Denver for the DIRECTV 101o W.L. satellite location (unavailability increase of 1.6 minutes annually), an MVDDS licensee would be required to fix occurrences of unacceptable interference at distances in excess of 6 kilometers from each MVDDS transmitting tower. However, in Houston, the 2.86% criterion for the DIRECTV 101o W.L. satellite location (unavailability increase of 32.7 minutes annually) would result in mitigation zones of only about 4.8 kilometers. Thirty and 60 minute increases in annual unavailability are also shown in Appendix I. For example, in the Miami area, EchoStar subscribers who receive signals from the 119o W.L. satellite and use the standard 45 cm (18 inch) dish antennas can expect about 2,166 minutes of average annual unavailability due to projected precipitation, whereas DIRECTV subscribers in that area who receive signals from the 101o W.L. satellite and use the standard 45 cm antennas can expect about 924 minutes of average annual unavailability due to projected precipitation; see Appendix G, infra. A 2.86% criterion in Miami would therefore permit a 62 minute increase in annual unavailability to EchoStar subscribers, but only a 26 minute annual increase to DIRECTV subscribers. In the Denver area, EchoStar subscribers who receive signals from the 119o W.L. satellite and use 45 cm antennas experience about 109 minutes of average annual unavailability, whereas DIRECTV subscribers in that area who receive signals from the 101o W.L. satellite and use the standard 45 cm antennas experience about 55 minutes of annual unavailability; see again Appendix G, infra. A 2.86% criterion in Denver would therefore permit a 3.1 minute annual increase in unavailability to EchoStar subscribers, but only a 1.6 minute annual increase to DIRECTV subscribers. Although this approach is similar to Northpoint's proposed five minutes increase per month, we find that, because of varying rain characteristics from month to month, a minutes per month calculation can produce unnecessary complexity in calculating mitigation zones. For example, a 30 minute annual increase in DBS unavailability would be only about 1.4% to Miami EchoStar subscribers who use 45 cm antennas, but would be about 54.5% to Denver DIRECTV subscribers who use 45 cm antennas. We have included in the docket file a staff analysis that shows the annual increased outage impacts of the 2.86%, 30 minute and 60 minute criteria on the top 30 television markets, based on the Nielsen Media Research Designated Market Areas (DMAs). A summary of this analysis is attached herein as Appendix J. Alternatively, the MVDDS licensee could maintain the certification in its station file. Under this alternative, the certificate could be made available to the Commission upon request. 47 C.F.R. 73.318 See 216, supra. See 221, supra. SkyBridge July 10, 2000 ex parte letter. Northpoint July 11, 2000 ex parte letter at 1-2. See 25.208(b), infra. Spatial and frequency diversity, as well as reduced power, is the way that NGSO FSS systems will share spectrum with GSO FSS systems; e.g., when an NGSO FSS satellite is aligned in its orbit between a GSO satellite and a GSO receiver, that NGSO FSS satellite may handoff its communications with an earth station to another satellite in the NGSO constellation that is not aligned between a GSO satellite and a GSO receiver. In the First R&O, we concluded that NGSO FSS gateway stations could use existing coordination procedures in Part 101 of our rules in bands shared with point-to-point FS operations. In the 12.2-12.7 GHz band, however, numerous NGSO FSS user terminals would be operating, making the use of the existing Part 101 coordination procedures impracticable. 47 U.S.C.  76.55(e) requires that a commercial broadcast television station's market shall be defined by Nielsen Media Research's designated market areas ("DMAs"). See Definition of Markets for Purposes of the Cable Television, Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, CS Docket No. 95-178, 14 FCC Rcd 8366 (1999) (Market Modification Final Report and Order). Id. Nielsen Media Research, Nielsen Station Index: Methodology Techniques and Data Interpretation. For Nielsen's Market-Of-Origin assignment, a broadcast station is designated as "local" and assigned to the Nielsen market of the DMA in which its community of license is located. A broadcast station is "local" to only one Nielsen market. See 1997-1998 NSI Reference Supplement at 47. Nielsen "reserves the right not to create a DMA if there is a lack of sufficient financial support of Nielsen Service in that potential DMA." Nielsen Media Research, Nielsen Station Index: Methodology Techniques and Data Interpretation, 1994-95 at 2 See Market Modification Final Report and Order, 14 FCC Rcd 8366 (1999). "In prescribing regulations. . . the Commission shall . . . prescribe area designations and bandwidth assignments that promote (i) an equitable distribution of licenses and services among geographic areas, (ii) economic opportunity for a wide variety of applicants, including small businesses, rural telephone companies, and businesses owned by members of minority groups and women, and (iii) investment in and rapid deployment of new technologies and services." 47 U.S.C.  309(j)(4)(C). An MSA is a geographic area defined by the Office of Management and Budget. There are 306 MSAs, including New England County Metropolitan Areas and the Gulf of Mexico Service Area (water area of the Gulf of Mexico, border is the coastline). An RSA consists of 428 areas, which when combined with the 306 MSAs, comprise the 734 cellular geographic service areas. See also Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Fourth Report and Order, 9 FCC Rcd 2330, 2333 16 (1994). An EA is a geographic area established by the Bureau of Economic Analysis of the Department of Commerce. There are 172 EAs, plus three EA-like areas, encompassing the Northern Mariana Islands, Guam, American Samoa, the United States Virgin Islands and Puerto Rico. Each EA consists of one or more economic nodes - metropolitan areas or similar areas that serve as centers of economic activity - and the surrounding counties that are economically related to the nodes. See Final Redefinition of the BEA Economic Areas, 60 Fed. Reg. 13, 114, 13,114-118 (Mar. 10, 1995). An REAG is a geographic area based on groupings of 172 EAs and four EA-like areas developed by the Bureau of Economic Analysis of the Department of Commerce. An MEA is a geographic area developed by the Bureau of Economic Analysis of the Department of Commerce. There are two MEAs, including 46 in the continental United States and six covering Alaska, Hawaii, Guam and the Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands. See First R&O, 213-218. 47 C.F.R.  21.901 Northpoint August 29, 2000 ex parte letter at 3-4. See also, Broadwave USA March 23, 2000 ex parte letter to Julie P. Knapp, Chief, Policy and Rules Division, at 1-2. See supra 286. See, e.g., First R&O, 212-217. See Opposition to Application of DIRECTV, Inc. for Expedited Review and Request for Immediate Suspension of Testing at 7-8 (filed Jul. 9, 1999) (regarding experimental special temporary authorization, File No. 0094-EX-ST-1999, Call Sign WA2XMY). Section 2002(a) of the Rural Local Broadcast Signal Act. See 47 C.F.R.  76.606 (closed captioning), 76.1200 et seq. (competitive availability of navigation devices). See 47 C.F.R.  76.92 - 76.163, 76.67. See 47 C.F.R.  76.701. See 47 U.S.C.  325(b) (retransmission consent required of all MVPDs). See 47 U.S.C.  338 ("must carry" for DBS); 534 (cable "must carry" of commercial stations), and 535 (cable "must carry" of noncommercial educational stations). There is no comparable statutory requirement for MDS, MMDS, or LMDS or for MVPDs in general. See Multichannel Video and Cable Television Service Rules, Subpart D (Carriage of Television Broadcast Signals), 47 C.F.R.  76.51-76.70. See Inquiry into the Development of Regulatory Policy in Regard to Direct Broadcast Satellites for the Period Following the 1983 Regional Administrative Radio Conference, Gen. Docket No. 80-603, Report and Order, 90 FCC 2d 676 (1982). Id. See also Initiation of Direct Broadcast Satellite Service - Effect on 12 GHz Terrestrial Point-to- Point Licensees in the Private Operational Fixed Radio Service, Public Notice, 10 FCC Rcd 1211 (1994). The Commission indicated that in the event that DBS service experiences interference from terrestrial point-to-point operations, it is the sole responsibility of terrestrial licensees to eliminate such interference immediately. Id. See Act of Nov. 29, 1999, Pub. L. 106-113, 113 Stat. 1501, 1537. See supra, 289. See 47 U.S.C.  153(10), 47 C.F.R.  32.9000. A common carrier is "any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or in interstate or foreign radio transmission of energy, except where reference is made to common carriers not subject to this ACT; but a person engaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a common carrier." Video programming service will be treated as a non-common carrier service. See MVDS Second Report and Order, 12 FCC Rcd at 12639-41, 213-15; Rule Making to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band, to Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Services, CC Docket No. 92-297, Second Report and Order, Order on Reconsideration and Fifth Notice of Proposed Rule Making, 12 FCC Rcd 12545, 213 (1997) (LMDS Second R&O). Thus, any applicant intending to provide a video programming service would appropriately indicate a choice of non-common carrier regulatory status. We note that in other services we adopted a more flexible approach wherein an applicant may elect common carrier status and/or non-common carrier status under its authorization. For instance, in the LMDS proceeding, we permitted licensees to operate exclusively as a common carrier or non-common carrier or to provide services on both bases. See LMDS Second R&O, 12 FCC Rcd 12545, 245-251. Similarly, in the 39 GHz proceeding, we adopted a flexible approach where we permitted licensees to service as either a common carrier or a private licensee, permitting licensees that selected to provide common carrier service to private service as well. See Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, ET Docket No. 95-183, Report and Order and Second Notice of Proposed Rule Making, 12 FCC Rcd 18600, 18636 (1997) (39 GHz R&O). See 47 U.S.C.  151. Cf., e.g., Implementation of Sections 3(n) and 332 of the Communications Act - Regulatory Treatment of Mobile Services, GN Docket No. 93-252, Second Report and Order, 9 FCC Rcd 1411, 1420 19 (CMRS Second Report and Order) ("Success in the marketplace. . . should be driven by technological innovation, service quality, competition-based pricing decisions, and responsiveness to consumer needs - and not by strategies in the regulatory arena."). See 47 U.S.C.  309(j)(3). Our use of that authority to "place restrictions on the bidding process in order to ensure that a wide variety of applicants are able to meaningfully participate" in the market for the service being auctioned has been upheld by the courts. Cincinnati Bell Tel. Co. v. FCC, 69 F.3d 752, 761-762 (6th Cir. 1995) (Cincinnati Bell). See 47 U.S.C.  257. Section 257 directs the Commission to identify and eliminate, "by regulations pursuant to its authority under this [Act] . . . market entry barriers for entrepreneurs and other small businesses in the provision and ownership of telecommunications services and information services." See, i.e., 39 GHz R&O, 12 FCC Rcd 18600, 18619; Rule Making to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band, to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Services, Hyperion Communications Long Haul, L.P., Application for Expedited Review, CC Docket No. 92-927, Third Report and Order and Memorandum Opinion and Order, 15 FCC Rcd 11857 (2000). See 39 GHz R&O, 12 FCC Rcd at 18619. In the Matter of Rule Making to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band, to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Services, Third Order on Reconsideration, CC Docket No. 92-297, 13 FCC Rcd 4856, 4861 7, 4863 12 (1998). See Annual Assessment of the Status of Competition in Markets for the Delivery of Video Programming, Sixth Annual Report, CS Docket No. 99-230, 15 FCC Rcd 978, 981-987, and Table C-1, Appendix C at C-1, Appendix D (2000) (Sixth Cable Competition Report). Id. Id. We note that these current market conditions seem closely comparable to those in the wireless telephony market at the time the Commission adopted its original broadband PCS licensing rules, which limited in-region cellular licensees' PCS spectrum holdings. See In the Matter of Amendment of the Commission's Rules to Establish New Personal Communications Services, Second Report and Order, Gen Docket No. 90-314, 8 FCC Rcd 7700 (1993). We also note that the evidence from the mobile voice marketplace is that the more competitive structure has resulted in public benefits such as lower prices, on average, and improved quality and variety of service. See In The Matter of Implementation of Section 6002(B) of the Omnibus Budget Reconciliation Act of 1993, Annual Report and Analysis of Competitive Market Conditions With Respect to Commercial Mobile Services, Fifth Report, 15 FCC Rcd 17660 (2000). See 47 U.S.C.  543(l). Section 623(l) of the Communication's Act defines "effective competition" as: A) fewer than 30 percent of the households in the franchise area subscribe to the cable service of a cable system; B) the franchise area is served by a minimum of two unaffiliated multichannel video programming distributors each of which offers comparable video programming to at least 50 percent of the households in the franchise area and the number of households subscribing to programming services offered by multichannel video programming distributors other than the largest multichannel video programming distributor exceeds 15 percent of the households in the franchise area; C) a multichannel video programming distributor operated by the franchising authority for than franchise area offers video programming to at least 50 percent of the households in that franchise area; or D) a local exchange carrier or its affiliate (or any multichannel video programming distributor using the facilities of such carrier or its affiliate) offers video programming services directly to subscribers by any means (other than direct-to-home satellite services) in the franchise area of an unaffiliated cable operator which is providing cable service in that franchise area, but only if the video programming services so offered in that area are comparable to the video programming services provided by the unaffiliated cable operator in that area. We note that there are no current rules that prevent common ownership in DBS and other MPVD services, including cable and MDS, but we have imposed restrictions in DBS auctions and the U.S. Department of Justice has prevented common cable and DBS ownership in one case. See In the Matter of Revision of Rules and Policies for the Direct Broadcast Service, Report and Order, IB Docket No. 95-168, 11 FCC Rcd 9712 (1995); U.S. v. Primestar Partners, L.P., 140 L. Ed.2d. 180 (S.D.N.Y. 1994). See Northpoint Petition for Rule Making at 5-13. Id. at 20-21. See 47 U.S.C.  310(a)-(b). See 47 C.F.R.  101.7. See 47 C.F.R.  101.7(a). See 47 C.F.R.  101.7(b). See Rules and Policies on Foreign Participation in the U.S. Telecommunications Market, IB Docket No. 97-142, Market Entry and Regulation of Foreign-Affiliated Entities, IB Docket No. 95-22, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891, 23951-52, 144 (1997) (Foreign Participation Order); Rules and Policies on Foreign Participation in the U.S. Telecommunications Market, IB Docket No. 97-142 Order on Reconsideration, 15 FCC Rcd 18158 (2000). See LMDS Second Report and Order, 12 FCC Rcd 12545; 39 GHz R&O, 12 FCC Rcd 18600 (1997); Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, WT Docket No. 98-169, Report and Order and Memorandum Opinion and Order, 15 FCC Rcd 1497 (1999); Amendment of the Commission's Rules Regarding Multiple Address Systems, Report and Order, WT Docket No. 97-81, 15 FCC Rcd 11956 (2000); 24 GHz Report and Order, 15 FCC Rcd 16934. See Rural Local Broadcast Signal Act of 1999, Pub. L. 106-113, 113 Stat. 1501, 1537. See 24 GHz Report and Order, 15 FCC Rcd 16934. See 47 C.F.R.  22.940(a)(1)(i). See also LMDS Second Report and Order, 12 FCC Rcd 12545, 12660; Amendment of the Commission's Rules to Establish Part 27, the Wireless Communications Service, GN Docket No. 96-228, Report and Order, 12 FCC Rcd 10785, 10843-10844 (1997) (WCS Report and Order); Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, WT Docket No. 98-169, Report and Order and Memorandum Opinion and Order, 15 FCC Rcd 1497, 1537-38 (1999); MAS Report and Order, 15 FCC Rcd 11956 (2000). See, i.e., 24 GHz Report and Order, 15 FCC Rcd 16934. Cf. 47 C.F.R.  22.940(a)(2)(i)-(iv). "Partitioning" is the assignment of geographic portions of a license along geopolitical or other boundaries. See Section 2002(a) of the Rural Local Broadcast Signal Act. "Disaggregation" is the assignment of discrete portions or "blocks" of spectrum licensed to a geographic licensee or qualifying entity. Disaggregation allows for multiple transmitters in the same area operated by different companies (thus the possibility of harmful interference increases). With partitioning, one company operates in a licensed area. See, e.g., 47 C.F.R.  21.911 ("Annual Reports" for MDS). 24 GHz Report and Order, 65-67. See 47 C.F.R.  2.301. See 47 C.F.R.  1.1307. See 47 C.F.R.  1.924. See 47 C.F.R. Part 17, Subpart C. A "look angle" is the elevation angle and azimuth of the antenna pointing at the satellite. See supra, 272. See 47 C.F.R.  1.4000. We note that we recently expanded OTARD to apply to fixed wireless services when the antenna is otherwise within the scope of OTARD. See Promotion of Competitive Networks in Local Telecommunications Markets, Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, First Report and Order and Further Notice of Proposed Rule Making in WT Docket No. 99-217, Fifth Report and Order and Memorandum Opinion and Order in CC Docket No. 96-98, and Fourth Report and Order and Memorandum Opinion and Order in CC Docket No. 88-57, FCC 00-366 (rel. Oct. 25, 2000). See 47 C.F.R.  101.141. See 47 C.F.R.  101.11(a)(2). See 47 C.F.R.  101.107. See 47 C.F.R.  101.109. See 47.C.F.R.  101.111(a)(2). See supra, 263. Note that on August 21, 2000, Pegasus filed a Petition to Dismiss or Deny the Northpoint applications arguing that the application proceeding is restricted as between Pegasus and Northpoint and as such, Northpoint's ex parte presentations violated the Commission's ex parte rules. Thus, according to Pegasus, the severity of the ex parte violations warrants dismissal of the Northpoint applications. See Pegasus Petition to Dismiss or Deny (filed Aug. 21, 2000) at 5-11 (Pegasus Petition). See also 47 C.F.R.  1.1202(b), (d); 1.1208(c)(1)(i)(C). Id. Id. Public Notice, Wireless Telecommunications Bureau Seeks Comment on Broadwave Albany, L.L.C., et al. Requests for Waiver of Part 101 Rules, DA 99-494 (rel. March 11, 1999). 47 C.F.R. 1.1208. Public Notice, Wireless Telecommunications Bureau Seeks Comment on Broadwave Albany, L.L.C., et al. Requests for Waiver of Part 101 Rules, DA 99-494 (rel. March 11, 1999) at 2. See 47 C.F.R.  1.1200(a), 1.1206. Id. Public Notice, Wireless Telecommunications Bureau Sets Permit-but-Disclose Status for PDC Broadband Corporation Requests for Waiver, DA 00-1841 (rel. Aug. 14, 2000). Specifically, Pegasus sought waiver of 47 C.F.R.  101.101, 101.105, 101.107, 101.111, 101.115. 101.139, 101.603. Public Notice, Wireless Telecommunications Bureau Sets Permit-but-Disclose Status for PDC Broadband Corporation Requests for Waiver, DA 00-1841 (rel. Aug. 14, 2000). Northpoint Motion to Dismiss (filed May 23, 2000) ("Northpoint Motion") at 16. Pegasus Opposition to Motion to Dismiss (filed June 7, 2000) ("Pegasus Opposition") at 6-13. On June 19, 2000, Northpoint filed a Reply to Opposition ("Northpoint Reply"). See Wireless Telecommunications Bureau Sets Permit-But-Disclose Status for Satellite Receivers Ltd. Requests For Waiver of Part 101 Rules, DA No. 00-2134 (released September 20, 2000). Ex Parte Submission of Northpoint (filed Aug. 29, 2000) ("Northpoint Ex Parte Submission") at 2. Northpoint Ex Parte Submission at 4-10. See id.; see also Northpoint Motion to Dismiss PDC Broadband Corporation Application to Provide Terrestrial Services in the 12.2-12.7 GHz Band (May 23, 2000) at 7-12. ("Northpoint Motion to Dismiss"). We note that Northpoint's argument that its application is not mutually exclusive with any other assumes that mutual exclusivity may exist between applications for different services. Northpoint Ex Parte Submission at 12-16. Id. at 12-15. Northpoint states that an "interference budget" is the amount of additional noise that Northpoint may generate in addition to the interference caused by NGSO operators, without causing unacceptable interference to incumbent DBS operators. Id. at 10-11. Id. at 16. See Open-Market Reorganization for the Betterment of International Telecommunications Act, Pub. L. No. 106-180, 114 Stat. 48 (enacted March 12, 2000). We note also that the Orbit Act does not prohibit the use of auctions for domestic services. As President Clinton stated in signing the act into law, "in approving S. 376, I state my understanding that section 647 does not limit the Federal Communications Commission from assigning, via competitive bidding, domestic satellite service licenses intended to cover only the United States." Statement by President William J. Clinton upon signing S. 376, 36 WEEKLY COMP. PRES. DOC. 578 (Mar. 17, 2000). 24 GHz Report and Order, 15 FCC Rcd 16934. We note that the allocation for satellite services in this band will not become effective until April 1, 2007. 39 GHz R&O, 12 FCC Rcd 18600; 39 GHz Band Auction Closes, Public Notice, DA 00-1035, Report No. AUC-30-E (rel. May 10, 2000). Pub. L. No. 105-33, Title III, 111 Stat. 251 (1997). As we stated in our recent order allocating the 3650-3700 MHz band to the fixed and mobile terrestrial services, "the assignment of licenses for terrestrial services by competitive bidding . . . is not prohibited by [the Orbit Act]." Existing international satellite fixed earth stations will be grandfathered in this band and new stations will be secondary to fixed services. Amendment of the Commission's Rules With Regard to the 3650-3700 MHz Government Transfer Band, ET Docket No. 98-237; The 4.9 GHz Band Transferred from Federal Government Use, WT Docket No. 00-32, First Report and Order and Second Notice of Proposed Rule Making, FCC 00-363 (rel. Oct. 24, 2000), 20 n.64. Thus, this First R&O allows satellite entities to remain in the band. See 47 U.S.C.  309(j)(1), (2). Section 309(j)(2) exempts from auctions licenses and construction permits for public safety radio services, digital television service licenses and permits given to existing terrestrial broadcast licensees to replace their analog television service licenses, and licenses and construction permits for noncommercial educational broadcast stations and public broadcast stations. PDC Broadband Corporation Applications for Licenses to Provide Terrestrial Service in the 12.2- 12.7 GHz Band in all DMAs, Exhibit 1 at 2 (filed Apr. 18, 2000); Satellite Receivers, Ltd. Application for Licenses to provide Terrestrial Broadcast and Data Services in the 12.2-12.7 GHz Band in Illinois, Indiana, Iowa, Michigan, Minnesota and Wisconsin, Exhibit 1 at 2 (filed Aug. 25, 2000); Pegasus Opposition at 6-13. See also, Northpoint Reply filed June 19, 2000. In 1987, in order to expedite the MSS rollout, the Commission limited its acceptance of applications to the thirteen applications that were on file, and required those applicants to form a consortium with the result that there was one licensee and no mutual exclusivity. Amendment of Parts 2, 22 and 25 of the Commission's Rules to Allocate Spectrum for, and to Establish Other Rules and Policies Pertaining to the Use of Radio Frequencies in a Land Mobile Satellite Service for the Provision of Various Common Carrier Services, Second Report and Order, Gen. Docket No. 84-1234, 2 FCC Rcd 485 (1987). Generally, a rule making is a better, fairer, and more effective method of implementing a new industry-wide policy than is the ad hoc and potentially uneven application of conditions in an isolated proceedings affecting a single party. See Stockholders of Renaissance Communications Corp. and Tribune Co., 12 FCC Rcd. 11866, 11887-88 50 (1997) citing Community Television of Southern California v. Gottfried, 459 U.S. 498, 511 (1983). See 47 U.S.C.  309(j)(1), (2) (as amended by Balanced Budget Act,  3002). Id. 47 U.S.C.  309(j)(2) exempts from auctions licenses and construction permits for public safety radio services, digital television service licenses and permits given to existing terrestrial broadcast licensees to replace their analog television service licenses, and licenses and construction permits for noncommercial educational broadcast stations and public broadcast stations. See 47 U.S.C.  309(j)(1), 309(j)(6)(E). See 47 U.S.C.  309(j)(3). See Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as Amended, WT Docket No. 99-87, Report and Order and Further Notice of Proposed Rule Making, FCC 00-403 (rel. Nov. 20, 2000). Id. at 20-27. Id. Id. See Benkelman Telephone Co., et al. v. FCC, 220 F.3d 601, 606 (D.C. Cir. 2000). Id. (citations omitted) (citing DIRECTV, Inc. v. FCC, 110 F.3d 816, 828 (D.C. Cir. 1997)). See supra 284-286. See supra 318-330. In the Part 1 Third Report and Order, the Commission streamlined its auction procedures by adopting general competitive bidding rules applicable to all auctionable services. Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, ET Docket No. 94-32, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (modified by Erratum, DA 98-419 (rel. March 2, 1998)) ("Part 1 Third Report and Order"). In the Part 1 Recon Order and Part 1 Fifth Report and Order, the Commission clarified and amended these general competitive bidding rules. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, FCC 00- 274 (rel. Aug. 14, 2000) ("Part 1 Recon Order and Part 1 Fifth Report and Order," "Fourth Further Notice of Proposed Rule Making"). See Fourth Further Notice of Proposed Rule Making, FCC 00-274 (rel. Aug. 14, 2000); Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Third Further Notice of Proposed Rule Making, 14 FCC Rcd 21558 (1999). Part 1 Third Report and Order, 13 FCC Rcd at 448-49, 454-55, 125, 139 (directing the Bureau to seek comment on specific mechanisms relating to auction conduct pursuant to the Balanced Budget Act). 47 U.S.C.  309(j)(4)(D). 47 U.S.C.  309(j)(3)(B). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7269, 145 (1994) ("Competitive Bidding Second Memorandum Opinion and Order"). Part 1 Third Report and Order, 13 FCC Rcd at 388, 18. See supra 289. In the Part 1 Third Report and Order, we adopted a standard schedule of bidding credits, the levels of which were developed based on our auction experience. Part 1 Third Report and Order, 13 FCC Rcd at 403- 04, 47. See also 47 C.F.R.  1.2110(f)(2). See Adarand Constructors v. Pe¤a, 515 U.S. 200 (1995) (requiring a strict scrutiny standard of review for Congressionally mandated race-conscious measures); United States v. Virginia, 518 U.S. 515 (1996) (applying an intermediate standard of review to a state program based on gender classification). See Statement of Policy on Establishing a Government-to-Government Relationship with Indian Tribes, FCC 00-207 (rel. June 23, 2000) ("Tribal Government Policy Statement"). See generally 47 C.F.R.  1.1202, 1.1203, 1.1206(a). See 5 U.S.C.  603. The RFA, see 5 U.S.C.  601 et. seq., has been amended by the Contract With America Advancement Act of 1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). See Notice of Proposed Rule Making, ET Docket No. 98-206, 14 FCC Rcd. 1131, 1194 (1998). See 5 U.S.C.  604. Id.  601(6). See 5 U.S.C.  601(3) (incorporating by reference the definition of "small business concern" in 15 U.S.C.  632). Pursuant to the RFA, the statutory definition of a small business applies "unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register." 5 U.S.C.  601(3). See Small Business Act, 15 U.S.C.  632 (1996). See 5 U.S.C.  601(4). See 13 C.F.R.  121.201, Standard Industrial Classification (SIC) Code 4899. U.S. Bureau of Census, U.S. Department of Commerce, 1992 Census of Transportation, Communications, Utilities, UC92-S-1, Subject Series, Establishment and Firm Size, Table 2D, Employment Size of Firms: 1992, SIC Code 4899 (issued May 1995). By a Public Notice issued August 6, 1998, Report No. SPB-135, the Commission afforded interested parties a period of thirty days after the filing of these simulations within which to comment on its July 1998 Amendment. Submission of SkyBridge's most recent amendment, that included the simulations, effectively renders the August 6, 1998 Public Notice moot. Report No. SPB-88 (released July 22, 1997). Id. See 5 U.S.C.  603. The RFA, see 5 U.S.C.  601 et. seq., has been amended by the Contract With America Advancement Act of 1996 Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). 5 U.S.C.  601(6). 5 U.S.C.  601(3) (incorporating by reference the definition of "small business concern" in 15 U.S.C.  632). Pursuant to the RFA, the statutory definition of a small business applies "unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register." 5 U.S.C.  601(3). Small Business Act, 15 U.S.C.  632 (1996). 5 U.S.C.  601(4). See 13 C.F.R.  121.201, Standard Industrial Classification (SIC) Code 4812. U.S. Bureau of the Census, U.S. Department of Commerce, 1992 Census of Transportation, Communications, and Utilities, UC92-S-1, Subject Series, Establishment and Firm Size, Table 5, Employment Size of Firms: 1992, SIC Code 4812 (issued May 1995). 1992 Economic Census, U.S. Bureau of the Census, Table 6 (special tabulation of data under contract to Office of Advocacy of the SBA). 5 U.S.C.  601(5). 1992 Census of Governments, U.S. Bureau of the Census, U.S. Department of Commerce. Id. A method for converting annual statistics to worst-month statistics is contained in Recommendation ITU-R P.841-1, Conversion Of Annual Statistics To Worst-Month Statistics. In this analysis, we omitted the uplink (earth-to-space) outage contribution. Ex Parte presentation of Northpoint at Exhibit C, March 17, 2000 and DIRECTV Report, January 27, 2000. It should be noted that this equation is based on direct wave propagation (i.e., line-of-sight or free space) and neglects the contribution of multipath or obstructions. See Principles for Reallocation of Spectrum to Encourage the Development of Telecommunications Technologies for the New Millennium, Policy Statement (rel. Nov. 22, 1999) (trumpeting the goal of flexibility); Principles for Promoting the Efficient Use of Spectrum by Encouraging the Development of Secondary Markets, Policy Statement (rel. December 1, 2000). Principles for Promoting the Efficient Use of Spectrum by Encouraging the Development of Secondary Markets, Policy Statement (rel. December 1, 2000)(discussing the need to clarify spectrum usage rights); see also Separate Statement of Commissioner Harold Furchtgott-Roth in that proceeding. In this regard, incumbent GSO FSS operators were granted similar rights with expectations of certain interference protections that are also altered by this order, however these licenses were distributed without an auction. Order at 213. Moreover, such a policy creates a perverse incentive for licensees: build fragile systems that cannot withstand additional interference and you may not have to share. The agency must be wary not to send the wrong signals to its licensees. Nonetheless Northpoint's terrestrial sharing arrangements would be substantially different from those of the satellite applicants. Such an approach would invariably reflect only the technology available at the time of licensing. However, it is not necessarily clear that the Commission can best make available shared spectrum, rather than licensees themselves recognizing the potential value of a new shared use. Order at 299-301. Order at 289-292. See e.g. Concurring Statement of Commissioner Harold Furchtgott-Roth in Rulemaking to Amend Parts 1,2 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band, to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Services, Third Report and Order and Memorandum Opinion and Order, CC Docket No. 92- 297 (rel. June 26, 2000); see also See Dissenting Statement of Commissioner Harold Furchtgott-Roth, in Third Order on Reconsideration, Sixth Notice of Proposed Rulemaking, CC Docket 92-297 (Dec. 13, 1999); Statement of Commissioner Rachelle B. Chong, Dissenting in Part, Second Report and Order, Order on Reconsideration and Fifth Notice of Proposed Rulemaking, CC Docket No. 92-297 (March 11, 1997). (Continued from previous page) (continued..) 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