FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012 Page: 8,868
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must be filed with the Commission. The Commission refers earth station applications for this band to the
Frequency Assignment Subcommittee (FAS) of the Interdepartment Radio Advisory Committee for
coordination with Federal government operations.6
4. The Jansky Petition seeks rule modifications that would allow the use of earth stations with
antenna diameters as small as 1.2 meters, a "blanket licensing" regime for Very Small Aperture Terminal
(VSAT) networks,' and routine licensing of earth stations with antenna diameters from 1.2 to 4.5 meters
without coordination subject to certain conditions! These modifications, it asserts, would serve to benefit
FSS use and deployment. Specifically, it claims that the proposed rule changes would allow the FSS to
more fully utilize existing in-orbit capacity to provide service; to increase the amount of Ku-band FSS
uplink spectrum to more closely balance the amount of Ku-band FSS downlink spectrum; and to make the
Commission's regulations consistent with the criteria for the FSS in the Ku-band contained in the final
acts of the 2003 World Radiocommunications Conference (WRC-03).9 On December 1, 2006, the
Commission issued a Public Notice requesting comments on the Jansky Petition.'o Several commenters
supported the contention that the proposed modifications would facilitate FSS use." NASA filed reply
comments, expressing concern that the proposed rule modifications would jeopardize the protection of
TDRSS operations in the band.'2
5. As part of our coordination of the Jansky Petition with Federal stakeholders, the Department
of Defense (DoD) objected to the proposed rule modifications and expressed concern that the proposed
1.2 meter earth station antenna diameter will increase the potential for interference to military
operations.'3 The National Telecommunications Information Administration (NTIA) notes that in
subsequent discussions with DoD spectrum managers, DoD has remained opposed to decreasing the
minimum earth station antenna size and allowing blanket licensing of earth stations. NTIA recommends
that the Commission deny the Jansky Petition.'4
6. Given the interference concerns raised by DoD and NASA and the recommendation of NTIA,
we find that the Jansky Petition plainly does not warrant further consideration. It appears that reducing
6 For a description of the FAS, see National Telecommunications and Information Administration, Manual of
Regulations and Procedures for Federal Radio Frequency Management (Redbook), 1-9, 1-10 (Jan. 2008).
7Under a blanket license scheme, a single license typically provides authorization for the operation of a specified
number of stations. This eliminates the need to individually authorize or coordinate each station.
S The Jansky Petition requests that earth stations with antenna diameters between 1.2 meters and 4.5 meters or larger
that meet certain separation distances from coastal areas and power limits be processed routinely. The FCC and
NTIA would have to agree on the performance criteria, including calculations of power flux density (PFD), which
the Petition argues would eliminate the need to coordinate each application. The petition also requests that earth
stations with antenna diameters greater than 4.5 meters be processed routinely without calculating the PFD limits
that would apply to smaller antennas. Jansky Petition at 10-1 , 45-46.
9 See Jansky Petition at 1 1.
'o Public Notice, RM-11351, Dec. 1, 2006.
11 See, e.g., Joint Comments of Intelsat, Ltd., New Skies Satellites, Inc., SES Americom, Inc., et. al., filed Jan. 3,
2007; Comments of European Satellite Operates Association, filed Jan. 3, 2007.
12 Reply Comments of NASA, filed Jan. 17, 2007.
'* Letter from Badri Younes, Director Spectrum Management, Office of Assistant Secretary of Defense, March 8,
2007. This letter is included in the NTIA letter of May 1, 2012, see infra note 14.
'4 Letter from Karl Nebbia, Associate Administrator, NTIA, May 1, 2012 (attaching March 8, 2007 and March 1,
2012 letters from the Department of Defense).
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012, book, August 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc133015/m1/35/: accessed April 29, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.