Digital Audio Radio Service in the 2310-2360 MHz Frequency Band

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 25 and 87

[IB Docket No. 95-91; GEN Docket No. 90-357; PP-24; PP-85; PP-87; FCC

95-229]

Digital Audio Radio Service in the 2310-2360 MHz Frequency Band

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Commission has proposed rules and policies to establish

service and licensing rules for the Digital Audio Radio Service in the

2310-2360 MHz frequency bands. We request comment on issues that

include how many licenses should be awarded; how much spectrum each

licensee should be assigned; how licensees should be selected if

mutually exclusive applications are filed; whether applications already

pending before the Commission should receive special consideration; how

those licensees should be classified; whether licensees should be

permitted to use some of their spectrum for non-DARS services; how

satellite DARS will impact terrestrial radio broadcasting; and what

rules should govern the operation of DARS transmissions to ensure

service to the public and to prevent interference to competitors and

other services.

DATES: Comments are due by September 15, 1995; reply comments are due

by October 13, 1995.

ADDRESSES: Federal Communications Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Rosalee Chiara, International Bureau, Satellite and Radiocommunication

Division, Satellite Policy Branch, (202) 739-0730, or Ron Repasi,

International Bureau, Satellite and Radiocommunication Division,

Satellite Engineering Branch, (202) 739-0749.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice

of Proposed Rule Making in IB Docket No. 95-91; FCC 95-229, adopted

June 14, 1995 and released June 15, 1995. The complete text of this

Notice of Proposed Rule Making is available for inspection and copying

during normal business hours in the FCC Reference Center (Room 239),

1919 M Street, N.W., Washington, D.C., and also may be purchased from

the Commission's copy contractor, International Transcription Service,

(202) 857-3800, 2100 M Street, N.W., Suite 140, Washington, DC 20037.

Summary of Notice of Proposed Rule Making

In 1990, Satellite CD Radio (CD Radio) filed a Petition for

Rulemaking to allocate spectrum for a Digital Audio Radio Service

(DARS). In February 1992, the World Administrative Radio Conference

(WARC 92) adopted international frequency allocations for satellite

digital audio broadcasting. Domestic allocations were proposed in 1992

(see Notice of Proposed Rulemaking and Further Notice of Inquiry, 57 FR

57049 (Dec. 2, 1992)) and adopted in 1995 (see Amendment of the

Commission's Rules with Regard to the Establishment and Regulation of

New Digital Audio Radio Services, 60 FR 8309 (Feb. 14, 1995)

(Allocation Order)).

In 1990, CD Radio filed an application to provide a digital audio

radio service by satellite. Following the Allocation NPRM, the

Commission established a December 15, 1992 cut-off date for

applications proposing satellite DARS to be considered in conjunction

with CD Radio's application. There remains a pool of four applicants

consisting CD Radio, Primosphere Limited Partnership, Digital Satellite

Broadcasting Corporation, and American Mobile Radio Corporation.

In the Allocation Order, we indicated that this rulemaking would be

initiated to address the implementation of satellite DARS. We have,

therefore, proposed rules and policies to establish service and

licensing rules for the Digital Audio Radio Service in the 2310-2360

MHz frequency bands. We request comment on issues that include how many

licenses should be awarded;

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how much spectrum each licensee should be assigned; how licensees

should be selected if mutually exclusive applications are filed;

whether applications already pending before the Commission should

receive special consideration; how those licensees should be

classified; whether licensees should be permitted to use some of their

spectrum for non-DARS services; how this service would impact

terrestrial radio broadcasting; and what rules should govern the

operation of DARS transmissions to ensure service to the public and to

prevent interference to competitors and other services. We also request

comment on the pioneer's preference requests filed by three of the

current applicants.

In addition to the rule changes being proposed for Part 25, we are

proposing to modify Section 87.303(d)(1) concerning frequency use in

Aviation Services. We seek comment on this proposal and on any

additional modifications to Part 87 that may be necessary.

We conclude that the proposals set forth in this NPRM will

facilitate the implementation of DARS in the United States. We seek

comment on all aspects of these service rules and anticipate an

extensive record on which to base decisions on final regulations.

Ordering Clauses

Accordingly, it is ordered that, pursuant to sections 1, 4(i),

4(j), 7, and 309(j) of the Communications Act of 1934, as amended, 47

U.S.C. Secs. 151, 154(i) and 154(j), 157, and 309(j), notice is hereby

given of the proposed amendments to Parts 25 and 87 of the Commission's

Rules, 47 CFR Parts 25 and 87, in accordance with the proposals in this

Notice of Proposed Rulemaking, and the comment is sought regarding such

proposals.

It is further ordered that the Secretary shall send a copy of this

Notice of Proposed Rulemaking, including the Initial Regulatory

Flexibility Analysis, to the Chief Counsel for Advocacy of the Small

Business Administration in accordance with paragraph 603(a) of the

Regulatory Flexibility Act, Pub. L. No. 96-354, 94 Stat. 1164, 5 U.S.C.

Sec. 601 et seq (1981).

Administrative Matters

This is a non-restricted notice and comment rulemaking proceeding.

Ex parte presentations are permitted, except during the Sunshine Agenda

period, provided they are disclosed as provided in Commission rules.

See generally 47 CFR Secs. 1.1202, 1.1203, and 1.1206(a). The

individual satellite DARS applications and pioneer's preference

proceedings are restricted proceedings, to the extent that any party

has formally opposed an application or pioneer's preference request. Ex

parte presentations concerning any formally opposed application or

request are prohibited. See 47 CFR Sec. 1.1208.

Pursuant to applicable procedures set forth in sections 1.415 and

1.419 of the Commission's Rules, 47 CFR Secs. 1.415 and 1.419,

interested parties may file comments on or before September 15, 1995

and reply comments on or before October 13, 1995. To file formally in

this proceeding, parties must file an original and five copies of all

comments, reply comments, and supporting comments. If parties want each

Commissioner to receive a personal copy of their comments, they must

file an original plus nine copies. Parties should send comments and

reply comments to Office of the Secretary, Federal Communications

Commission, Washington, D.C. 20554. Comments and reply comments will be

available for public inspection during regular business hours in the

Reference Center of the Federal Communications Commission, 1919 M

Street, N.W., Washington, D.C. 20554, room 239. For further information

contact Rosalee Chiara or Ron Repasi at (202) 739-0735. Parties filing

comments on the pioneer's preferences requests must file comments

separate from those on the rules proposed in this notice and reference

both the file numbers and the General Docket No. 90-357. For further

information on pioneer's preference requests contact Rodney Small at

(202) 776-1622.

Initial Regulatory Flexibility Act Statement

As required by Section 603 of the Regulatory Flexibility Act, the

Commission has prepared an Initial Regulatory Flexibility Analysis

(IRFA) of the expected impact on small entities of the proposals

suggested in this document. The IRFA is set forth in Appendix III.

Written public comments are requested on the IRFA. These comments must

be filed in accordance with the same filing deadlines as comments on

the rest of the Notice, but they must have a separate and distinct

heading designating them as responses to the Initial Regulatory

Analysis.

List of Subjects

47 CFR Part 25

Satellites.

47 CFR Part 87

Air transportation.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Proposed Rules

Parts 25 and 87 of title 47 of the Code of Federal Regulations are

proposed to be amended as follows:

PART 25--SATELLITE COMMUNICATIONS

1. The authority citation for part 25 continues to read as follows:

Authority: Sections. 101-404, 76 Stat. 419-427; 47 U.S.C. 701-

744, Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154. Interprets or

applies sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303.

2. Section 25.114 is amended by revising paragraph (c)(18), or read

as follows:

Sec. 25.114 Applications for space station authorizations.

* * * * *

(c) * * *

(18) Detailed information demonstrating the financial

qualifications of the applicant to construct and launch the proposed

satellites. Applications for domestic fixed-satellite systems and

mobile-satellite systems shall provide the financial information

required by Sec. 25.140(b) through (e), Sec. 25.142(a)(4), or

Sec. 25.143(b)(3), as appropriate.

Applciations for satellite DARS systems shall comply with the

requirements of Sec. 25.144(b)(3). Applications for international

satellite systems authorized pursuant to Establishing of Satellite

Systems Providing International Communications, 50 FR 42266 (October

18, 1985), 101 FCC 2d 1046 (1985), recon, 61 RR 2d 649 (1986), further

recon. FCC Rcd 439 (1986), shall provide the information required by

that decision.

* * * * *

3. A new Sec. 25.144 is added to read as follows:

Sec. 25.144 Licensing provisions for the 2.3 GHz satellite digital

audio radio service.

(a) Definitions:

(1) System. The term System refers to the constellation of one or

more satellite DARS space stations, the feeder link earth station(s),

and the mobile, fixed and/or portable receivers.

(2) Allocated bandwidth. The term allcoated bandwidth refers to the

entry in the Table of Frequency Allocations of a given frequency band

for the purpose of its use by one or more terrestrial or space

radiocommunciation services or the radio astronomy service under

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specified conditions. This term shall be applied to the 2310-2360 MHz

band for satellite DARS.

(3) Frequency Assignment. The term frequency assignment refers to

the authorization given by the Commission for a radio station to use a

radio frequency or radio frequency channel under specified conditions.

(b) Qualification requirements. (1) General requirements. Each

application for a system authorization in the satellite digital audio

radio service in the 2310-2360 MHz band shall describe in detail the

proposed satellite digital audio radio system, setting forth all

pertinent technical and operational aspects of the systems, and the

technical, legal, and financial qualifications of the applicant. In

particular, satellite DARS applicants must file information

demonstrating compliance with Sec. 25.114 and all of the requirements

of this section.

(2) Technical qualifications. In addition to the information

specified in paragraph (b)(1) of this section, each applicant shall:

(i) Identify the service link margin of its satellite DARS system

and demonstrate that its system will, in a mobile environment under

clear sky conditions, provide that service link margin to the

geographical areas it intends to serve;

(ii) Demonstrate that its satellite DARS system is capable of

remotely tuning its individual mobile, fixed, and/or portable receivers

across the allocated bandwidth 2310-2360 MHz and demonstrate how it

will implement the forward signalling command for its receivers to

select and tune to any center frequency(ies) in the allocated

bandwidth; and

(iii) Identify the coding scheme and coding rate it will use to

transmit CD quality audio. If applicable, the applicant shall identify

any other audio format(s) it will provide to its end users as well as

their associated coding scheme and coding rates. If audio formats which

are less than CD quality will be provided, it shall demonstrate that it

is capable of transmitting those audio formats at variable data rates

which are less than those necessary to produce CD quality audio.

(3) Financial qualifications. (i) Each applicant for a space

station system authorization in the 2.3 GHz satellite digital audio

radio service must demonstrate, on the basis of a detailed business

plan, how it proposes to meet the estimated costs of the construction

and launch of its proposed space station(s) and the estimated operating

expenses for one year after the launch of its space station(s).

(ii) Within one year of license grant, licensees are required to

demonstrate full financing of their systems in the form specified in

Sec. 25.140 (c) and (d). In addition, applicants relying on current

assets or operating income must submit evidence of a management

commitment to the proposed satellite system. Failure to make such a

showing will result in the dismissal of the application.

(c) Milestone requirements. Each applicant for system authorization

in the satellite digital audio radio service must demonstrate within 10

days after a required implementation milestone as specified in the

system authorization, and on the basis of the documentation contained

in its application, certify to the Commission by affidavit that the

milestone has been met or notify the Commission by letter that it has

not been met. At its discretion, the Commission may require the

submission of additional information (supported by affidavit of a

person or persons with knowledge thereof) to demonstrate that the

milestone has been met. This showing shall include all information

described in Sec. 25.140 (c), (d) and (e). The satellite DARS

milestones are as follows, based on the date of authorization:

(1) One year: Complete contracting for construction of first space

station or begin space station construction.

(2) Two years: If applied for, complete contracting for

construction of second space station or begin second space station

construction.

(3) Four years: In orbit operation of at least one space station.

(4) Six years: Full operation of the satellite system.

(d) Reporting requirements. All operators of satellite digital

audio radio service systems, shall, on June 30 of each year, file a

report with the International Bureau and the Commission's Laurel,

Maryland field office containing the following information:

(1) Status of space station construction and anticipated launch

date, including any major problems or delay encountered;

(2) A listing of any non-scheduled space station outages for more

than thirty minutes and the cause(s) of such outages; and

(3) Identification of any space station(s) not available for

service or otherwise not performing to specifications, the cause(s) of

these difficulties, and the date any space station was taken out of

service or the malfunction identified.

4. Section 25.201 is amended by adding the definition for Satellite

Digital Audio Radio Service (DARS) in alphabetical order to read as

follows:

Sec. 25.201 Definitions.

* * * * *

Satellite Digital Audio Radio Service (DARS). A radiocommunication

service in which compact disc quality audio programming is digitally

transmitted by one or more space stations directly to fixed, mobile,

and/or portable stations.

* * * * *

5. Section 25.202 is amended by adding a new paragraph (a)(6), as

follows:

Sec. 25.202 Frequencies, frequency tolerance and emission limitations.

(a) * * *

(6) The following frequencies are available for use by the

satellite digital audio radio service:

2310-2360 MHz: space-to-Earth (primary)

* * * * *

6. A new Sec. 25.214 is added to read as follows:

Sec. 25.214 Technical requirements for space stations in the satellite

digital audio radio service.

(a) Each system authorized under this section will be conditioned

upon construction, launch and operation milestones as outlined in

Sec. 25.144(c). The failure to meet any of the milestones contained in

an authorization will result in its cancellation, unless such failure

is due to circumstances beyond the licensee's control or unless

otherwise determined by the Commission upon proper showing by the

licensee in any particular case.

(b) Frequency assignments will be made for each satellite DARS

system as follows:

(1) All licensees are limited to the allocated bandwidth of 2310-

2360 MHz.

(2) [Subject to Decision--Band Segments]

(3) [Subject to Decision--Frequency Assignments]

(4) Each satellite DARS licensee shall reduce its assigned

bandwidth occupancy by 0.1 MHz to create two (2) 0.2 MHz assignments

adjacent to the edge of the allocated bandwidth for location of

telemetry beacons.

(5) Each licensee may employ cross polarization within its

exclusive frequency assignment and/or may employ cross polarized

transmissions in frequency assignments of other satellite DARS

licensees under mutual agreement with those licensees. Licensees who

come to mutual agreement to use cross-polarized transmissions shall

apply to the

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Commission for approval of the agreement before coordination is

initiated with other administrations by the licensee of the exclusive

frequency assignment.

PART 87--AVIATION SERVICES

1. The authority citation in part 87 continues to read:

Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303,

unless otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-

1105, as amended; 47 U.S.C. 151-156, 301-609.

2. Paragraph (d)(1) of Sec. 87.303 is revised to read as follows:

Sec. 87.303 Frequencies.

* * * * *

(d)(1) Frequencies in the bands 1435-1525 MHz and 2360-2390 MHz are

assigned primarily for telemetry and telecommand operations associated

with the flight testing of manned or unmanned aircraft and missiles, or

their major components. The bands 1525-1535 MHz and 2310-2360 MHz are

also available for these purposes on a secondary basis. Permissible

uses of these bands include telemetry and telecommand transmissions

associated with the launching and reentry into the earth's atmosphere

as well as any incidental orbiting prior to reentry of manned or

unmanned objects undergoing flight tests. In the 1435-1530 MHz band,

the following frequencies are shared with flight telemetry mobile

stations: 1444.5, 1453.5, 1501.5, 1515.5, 1524.5 and 1525.5 MHz. In the

2360-2390 MHz band, the following frequencies may be assigned on a co-

equal basis for telemetry and associated telecommand operations in

fully operational or expendable and re-usable launch vehicles whether

or not such operations involve flight testing: 2364.5, 2370.5 and

2382.5 MHz. In 2310-2390 MHz band, all other telemetry and telecommand

uses are secondary.

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[FR Doc. 95-16069 Filed 7-5-95; 8:45 am]

BILLING CODE 6712-01-M