Federal Earth Stations-Non-Federal Fixed Satellite Service Space Stations; Spectrum for Non-Federal Space Launch Operations, 39200-39232 [2013-15592]
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Federal Register / Vol. 78, No. 126 / Monday, July 1, 2013 / Proposed Rules
PART 334—DANGER ZONE AND
RESTRICTED AREA REGULATIONS
1. The authority citation for 33 CFR
part 334 continues to read as follows:
■
Authority: 40 Stat. 266 (33 U.S.C. 1) and
40 Stat. 892 (33 U.S.C. 3).
2. Revise § 334.1390 to read as
follows:
■
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§ 334.1390 Pacific Ocean off the Pacific
Missile Range Facility at Barking Sands,
Island of Kauai, Hawaii; danger zone.
(a) The danger zone. All navigable
waters within an area beginning at a
point on the shore at latitude
22°04′13.65″ N, longitude 159°46′30.76″
W; and continue south along the
shoreline to latitude 21°58′42.77″ N, and
longitude 159°45′26.35″ W. Thence
extending southwest to latitude
21°56′6.00″ N, and longitude
159°46′55.91″ W extending northwest to
latitude 21°58′59.81″ N and longitude
159°50′51.42″ W, continuing north to
latitude 22°02′28.09″ N, and longitude
159°51′28.15″ W, and continuing
northeast to latitude 22°06′30.71″ N,
longitude 159°49′20.43″ W; and thence
to point of beginning. All coordinates
reference 1983 North American Datum
(NAD 83).
(b) The regulations. (1) Dredging,
dragging, seining, and other similar
operations within the danger zone are
prohibited.
(2) All persons, boats, vessels, or other
craft are prohibited from entering,
transiting, or remaining within the
danger zone during range operations,
test and training activities, or increases
in force protection that pose a hazard to
the general public, as determined by the
enforcing agency. The enforcing
agency’s determination of the necessity
of closing the danger zone due to
increases in force protection will be
based on the Department of Defense
Force Protection Condition (FPCON)
System. From the lowest security level
to the highest, FPCON levels are titled
Normal, Alpha, Bravo, Charlie and
Delta.
(3) Closure of the danger zone will be
indicated by Notice to Mariners, the
presence of Pacific Missile Range
Facility range boats, beach markings
including beach signs along the north
and south beach borders alerting
shoreline foot traffic, security patrols,
and radio transmissions on common
ocean frequencies to include Marine
band channel 6 (156.300 MHz), Marine
band channel 16 (156.800 MHz), and CB
channel 22. The enforcing agency will
post the danger zone closure schedule
on its official Navy Web site, https://
www.cnic.navy.mil/PMRF/, and
Facebook Web site, https://
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www.facebook.com/
PacificMissileRangeFacility. The danger
zone closure schedule may also be
obtained by calling the following phone
numbers: 808–335–4301, 808–335–
4388, and 808–335–4523.
(4) The enforcing agency will
authorize the use of some, or all, of the
danger zone for civilian waterborne
activities when mission-essential
evolutions such as range operations, test
and training operations, or increases in
force protections levels permit it. Such
activities include fishing, sightseeing,
shelling, surfing, and transit.
(c) The enforcing agency. The
regulations in this section shall be
enforced by the Commanding Officer,
Pacific Missile Range Facility, Hawaii
and such agencies or persons as he or
she may designate.
Dated: June 24, 2013.
Approved:
James R. Hannon,
Chief, Operations and Regulatory Directorate
of Civil Works.
[FR Doc. 2013–15669 Filed 6–28–13; 8:45 am]
BILLING CODE 3720–58–P
Correction
In the Federal Register of June 26,
2013 (78 FR 38240), on page 38241, in
the first column, the DATES caption is
corrected to read as set forth above.
Dated: June 26, 2013.
Maria Strong,
Acting General Counsel, U.S. Copyright
Office.
[FR Doc. 2013–15699 Filed 6–28–13; 8:45 am]
BILLING CODE 1410–30–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 2
[ET Docket No. 13–115; RM–11341; FCC 13–
65]
Federal Earth Stations—Non-Federal
Fixed Satellite Service Space Stations;
Spectrum for Non-Federal Space
Launch Operations
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
This document proposes to
make spectrum allocation proposals for
three different space related purposes.
The Commission makes two alternative
proposals to modify the Allocation
Table to provide interference protection
for Fixed-Satellite Service (FSS) and
Mobile-Satellite Service (MSS) earth
stations operated by Federal agencies
under authorizations granted by the
National Telecommunications and
Information Administration (NTIA) in
certain frequency bands. The
Commission also proposes to amend a
footnote to the Allocation Table to
permit a Federal MSS system to operate
in the 399.9–400.05 MHz band; also
makes alternative proposals to modify
the Allocation Table to provide access
to spectrum on an interference protected
basis to Commission licensees for use
during the launch of launch vehicles
(i.e. rockets). The Commission also
seeks comment broadly on the future
spectrum needs of the commercial space
sector. The Commission expects that, if
adopted, these proposals would advance
the commercial space industry and the
important role it will play in our
nation’s economy and technological
innovation now and in the future.
DATES: Comments must be filed on or
before August 30, 2013, and reply
comments must be filed on or before
September 30, 2013.
FOR FURTHER INFORMATION CONTACT:
Nicholas Oros, Office of Engineering
and Technology, 202–418–0636,
SUMMARY:
LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201
[Docket No. 2013–5]
Authentication of Electronic
Signatures on Electronically Filed
Statements of Account
U.S. Copyright Office, Library
of Congress.
ACTION: Notice of proposed rulemaking;
correction.
AGENCY:
The U.S. Copyright Office
published a notice of proposed
rulemaking in the Federal Register of
June 26, 2013 (78 FR 38240). The
document contained incorrect dates.
DATES: Comments must be received in
the Copyright Office no later than 5 p.m.
Eastern Standard Time (EST) on July 26,
2013. Reply comments must be received
in the Copyright Office no later than 5
p.m. Eastern Standard Time (e.s.t.) on
August 26, 2013.
FOR FURTHER INFORMATION CONTACT:
Andrea Zizzi, Office of the General
Counsel, Copyright GC/I&R, P.O. Box
70400, Washington, DC 20024.
Telephone: (202) 707–8380. Telefax:
(202) 707–8366.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Federal Register / Vol. 78, No. 126 / Monday, July 1, 2013 / Proposed Rules
Nicholas.oros@fcc.gov, TTY (202) 418–
2989.
You may submit comments,
identified by ET Docket No. 13–115,
RM–11341, by any of the following
methods:
D Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
D Federal Communications
Commission’s Web site: https://
www.fcc.gov/cgb/ecfs/. Follow the
instructions for submitting comments.
D Email: [Optional: Include the Email
address only if you plan to accept
comments from the general public].
Include the docket number(s) in the
subject line of the message.
D Mail: [Optional: Include the mailing
address for paper, disk or CD–ROM
submissions needed/requested by your
Bureau or Office. Do not include the
Office of the Secretary’s mailing address
here.]
For detailed instructions for submitting
comments and additional information
on the rulemaking process, see the
SUPPLEMENTARY INFORMATION section of
this document.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Notice of
Proposed Rule Making, ET Docket No.
13–115, FCC 13–65, adopted May 9,
2013, and released May 9, 2013. The full
text of this document is available for
inspection and copying during normal
business hours in the FCC Reference
Center (Room CY–A257), 445 12th
Street SW., Washington, DC 20554. The
complete text of this document also may
be purchased from the Commission’s
copy contractor, Best Copy and Printing,
Inc., 445 12th Street SW., Room, CY–
B402, Washington, DC 20554. The full
text may also be downloaded at:
www.fcc.gov.
Pursuant to sections 1.415 and 1.419
of the Commission’s rules, 47 CFR
1.415, 1.419, interested parties may file
comments and reply comments on or
before the dates indicated on the first
page of this document. Comments may
be filed using the Commission’s
Electronic Comment Filing System
(ECFS). See Electronic Filing of
Documents in Rulemaking Proceedings,
63 FR 24121 (1998).
D Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://
fjallfoss.fcc.gov/ecfs2/.
D Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
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ADDRESSES:
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each additional docket or rulemaking
number.
Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
D All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St. SW., Room TW–A325,
Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes and boxes must be disposed
of before entering the building.
D Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights,
MD 20743.
D U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street SW.,
Washington DC 20554.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
Summary of the Notice of Proposed
Rulemaking
1. The National Space Policy
recognizes that ‘‘[a] robust and
competitive commercial space sector is
vital to continued progress in space.’’ In
the Notice of Proposed Rulemaking
(NPRM) the Commission addresses the
spectrum needs of two separate, but
closely related portions of the
commercial space sector: the
commercial communications satellite
industry and the commercial space
launch industry. It is our expectation
that, if adopted, these proposals would
advance the commercial space industry
and the important role it will play in
our nation’s economy and technological
innovation now and in the future.
2. To advance the goals of the
National Space Policy, the Commission
presents two alternative proposals in the
NPRM to provide Federal earth stations
that communicate with non-Federal
Fixed-Satellite Service (FSS) and
Mobile-Satellite Service (MSS) space
stations interference protection identical
to that afforded to non-Federal earth
stations communicating with the same
FSS and MSS space stations. Under the
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first proposal the Commission proposes
to modify the Allocation Table in
Section 2.106 of the rules to add a
Federal allocation for the FSS bands,
along with a footnote restricting Federal
use to earth stations communicating
with non-Federal space stations. In the
second proposal it proposes to place a
footnote in the Allocation Table in the
FSS bands that provides that Federal
earth stations that communicate with
non-Federal FSS and MSS space
stations would receive interference
protection identical to that afforded to
non-Federal earth stations
communicating with the same FSS and
MSS space stations.
3. The Commission also proposes in
the NPRM to amend a footnote to the
Allocation Table to permit a Federal
MSS system to operate in the 399.9–
400.05 MHz MSS band. This action
would allow traffic to be migrated from
Argos, the existing Federal MSS system,
to a new Federal satellite system,
thereby resulting in less interference
and improved service and reliability for
users of both the existing and new
Federal MSS systems. No Federal or
non-Federal MSS systems have been
deployed in this band since it was
allocated for MSS in 1993, and this
proposed Federal allocation will permit
long-vacant spectrum to be put to an
important use.
4. Finally, in the NPRM the
Commission proposes several
alternatives for providing spectrum for
use during commercial space launches,
thereby providing launch vehicles with
interference protection. During
launches, spectrum in the 420–430
MHz, 2200–2290 MHz, and 5650–5925
MHz bands is typically used to send a
self-destruct signal to the launch vehicle
(if needed) and information from the
launch vehicle to controllers on ground,
as well as to track the launch vehicle by
radar. Because these frequency bands
are allocated only to Federal use for
these purposes, the Commission may
not issue licenses for these bands that
provide interference protection to
commercial space launch operators. The
Commission seeks comment on two
possible options to support commercial
space launches by either adding a coprimary non-Federal allocation to these
bands or by providing an Allocation
Table footnote to allow non-Federal use
of these bands to provide commercial
entities access to these important
spectrum resources. The Commission
also seeks comment on ways to ensure
the long term sustainability of the
commercial launch industry by
exploring other alternatives to use of
these bands as more commercial
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launches are conducted and more
private spaceports are established.
A. Expanded Federal Use of the NonFederal FSS and MSS Bands
5. In August 2006, the National
Telecommunications and Information
Administration (NTIA) filed a petition
requesting that the Commission initiate
a rulemaking to permit Federal earth
stations that are authorized by NTIA
and that operate with non-Federal
satellites to have primary status in a
number of frequency bands currently
allocated for non-Federal FSS and nonFederal MSS on a primary basis. Earth
stations authorized by NTIA must now
operate on a non-interference basis.
Alternatively, Federal agencies may
lease services from a licensee of an FCCauthorized earth station to operate with
interference protection. NTIA requests
that the Federal Table be modified to
add a primary FSS allocation along with
a footnote that would restrict primary
Federal use of these bands to Federal
earth stations accessing non-Federal
satellites. The NTIA petition outlines a
means for Federal agencies to deploy
their own earth stations to overcome the
uncertainties associated with operating
on a non-interference basis and the
limitations of leasing services through a
third party operator. Such a
modification would turn certain
exclusive non-Federal use frequency
bands into shared Federal/non-Federal
spectrum, although use of these bands
by Federal agencies would be limited by
the terms of the footnote. The allocation
and footnote that NTIA requests would
mirror an existing Federal allocation for
a number of MSS bands. These MSS
bands have co-primary Federal and nonFederal allocations along with footnote
US319, which restricts Federal MSS
earth stations in the bands to operating
with non-Federal space stations.
6. NTIA’s petition identifies 13.275
gigahertz of spectrum in ten frequency
bands for which it seeks primary status.
As background, spectrum used for
satellite communications is divided into
different frequency bands which are
referred to with letter designations, such
as the C-band, Ku-band, or Ka-band. The
spectrum which the NTIA petition
identifies falls into parts of four of these
lettered satellite bands: 3.6–4.2 GHz and
5.85–6.725 GHz (in the C-band); 10.7–
12.2 GHz, 12.7–13.25 GHz, and 13.75–
14.5 GHz (in the Ku-band); 18.3–19.3
GHz, 19.7–20.2 GHz, and 27.5–30 GHz
(in the Ka-band); and 37.5–39.5 GHz
and 47.2–50.2 GHz (in the V-band). The
Commission notes that all of the bands
addressed in the NTIA petition are
allocated for the FSS. In the FSS, earth
stations in stationary locations
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communicate with space stations (i.e.
satellites). In addition, a portion of the
Ka-band from 19.7–20.2 GHz and 29.5–
30.0 GHz is also allocated on a primary
basis to the MSS with MSS use for most
of this spectrum restricted to satellite
systems that are also in the FSS. In the
MSS mobile earth stations communicate
with space stations.
7. Comments received in response to
NTIA’s petition were generally
supportive but did express a number of
specific reservations. For example, the
Satellite Industry Association (SIA)
stated that non-Federal commercial and
experimental license applicants should
not face delays because of the need for
the Commission to coordinate
applications with NTIA. The Fixed
Wireless Communications Coalition
commented that Federal earth stations
should be required to conduct
coordination with terrestrial stations
sharing the same band prior to applying
for a license as is required for nonFederal earth station applicants. SIA,
Hispasat, and Lockheed Martin believe
that Federal earth stations should be
subject to the Commission’s technical
and enforcement rules, which is not
normally the case for Federal agencies.
8. The Commission seeks comments
generally on the benefits of greater
Federal use of commercial satellite
networks. For example, would Federal
agencies increase their use of
commercial satellite networks to
accomplish their missions with greater
efficiency and reduced costs while
meeting the national policy objective
requiring the use of commercial satellite
systems? Would increased Federal use
of commercial satellites serve to
strengthen the commercial satellite
industry—a vital component of the
economy and an important driver of
United States productivity?
9. The FSS has operated under a
regulatory framework in which the
Commission establishes the technical
and licensing rules for space stations
and earth stations operating as
integrated systems, thereby enabling
many earth stations to be authorized
and operate independently of each other
with little risk of interference even if
they communicate with the same space
station. NTIA requests that Federal earth
stations it authorizes be allowed to
operate with the same regulatory status
as non-Federal earth stations in the
same frequency band. In order to
accomplish this objective, it requests a
modification of the Federal Table to
include a co-primary FSS allocation in
certain frequency bands for Federal
earth stations communicating with
commercial satellites. This allocation
approach would increase uncertainty
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over who is the regulator of the satellite
systems that operate in these bands.
NTIA states that the Commission would
not be required to consult with NTIA or
other Federal agencies regarding these
bands any more than they currently
coordinate, NTIA would utilize the
current FCC processes as much as
possible, and the current FCC process
would remain as it is today for nonFederal earth station applications.
10. Based on the Commission’s
experience in spectrum management in
conjunction with NTIA, and in
consideration of the goals of the
National Space Policy as well as the
comments it received in response to the
Public Notice that the Commission
issued subsequent to receiving NTIA’s
petition, the Commission recognizes
that a policy guiding Federal use of
commercial satellite networks can be
successful only if it provides a clear
method for establishing and enforcing
operational rights and responsibilities
that can be applied consistently
regardless of whether the user is
licensed by the Commission or
authorized by NTIA. The Commission
has identified and seeks comment on
the following four key objectives, which
it believe best express this intent:
• To ensure parity between Federal
and non-Federal earth stations;
• To provide certainty that the
Commission retains regulatory oversight
of the satellite network and the FSS
even though the Commission would
license non-Federal earth stations, and
NTIA would authorize Federal earth
stations;
• To ensure that the rules and
procedures do not hinder the
Commission’s rulemaking processes or
delay the issuance of Commission
licenses and coordination in the affected
bands; and
• To establish procedures to ensure
that both Federal and non-Federal earth
stations comply with the Commission’s
rules for operating in the frequency
bands.
11. The Commission seeks comment
on the means by which it can provide
interference protection to Federal earth
stations used to access commercial
satellite networks. First, the
Commission addressed the commercial
satellite frequency bands where NTIA
has requested that it should place
Federal earth stations on an equal
footing with non-Federal earth stations.
The Commission then outlined two
proposals for providing Federal agencies
with interference-protected access to
these frequency bands. The first
proposal follows NTIA’s suggested
approach by adding a co-primary
Federal FSS and MSS allocation to the
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Federal Table as well as a footnote that
limits primary Federal use of the bands
to earth stations communicating with
non-Federal satellites. The second
approach retains the existing nonFederal allocation structure in those
satellite bands, but adds a footnote to
the U.S. Table that recognizes the
interference protection status for certain
Federal earth stations in communication
with non-Federal space stations
12. The Commission proposes to
modify the U.S. Table using one of the
approaches discussed to provide
Federal earth stations interference
protection in the frequency bands
proposed by NTIA, with the exception
of 3600–3700 MHz Band for which it
tentatively concluded not to change the
Allocation Table because the
Commission has recently initiated a
proceeding to make the band available
for wireless broadband. The
Commission seeks comment generally
on this proposal. It recognizes that use
of some of these bands for commercial
satellite services has evolved since the
NTIA petition was filed, that Federal
agency use of the commercial satellite
services may vary among the different
frequency bands, and that in some
bands Federal access may not be needed
at all. The Commission thus seeks
comment on whether Federal access
should be added for those frequency
bands discussed that are most likely to
meet the needs of Federal earth station
users.
13. In a number of the NTIA requested
bands, the FSS shares spectrum with
terrestrial services. These include the Cband and the extended Ku-band. In
bands shared between terrestrial and
satellite users, coordination between
terrestrial licensees and earth stations is
required to prevent interference. Should
the complexity that this coordination
adds to licensing of earth stations in
these bands affect our decision to add a
co-primary Federal allocation to these
bands? In addition, portions of the Kaband and V-band have been designated
for terrestrial use. Should the
Commission consider modifying the
Allocation Table to provide protection
to Federal earth stations in the portions
of these bands designated for terrestrial
services?
14. Allocation Approach: The
Commission seeks comment on whether
it should amend the Federal Table to
add a co-primary Federal FSS or MSS
allocation to the selected bands. Under
this proposal (the ‘‘allocation
approach’’), the Commission would also
add a footnote to the Federal Table
restricting primary use of Federal earth
stations in these bands to
communication with non-Federal space
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stations. Under the allocation approach,
Federal agencies authorized by NTIA to
operate earth stations in these bands
would have co-primary status with
Commission-licensed non-Federal earth
stations. The allocation approach
mirrors NTIA’s request.
15. Successful implementation of the
allocation approach will require
agreement by NTIA and the Commission
on coordination procedures that Federal
agencies would follow for authorizing
Federal earth stations. The Commission
proposes that Federal users would
follow a process similar to that used by
Commission applicants to obtain
approval to use earth stations in the FSS
bands. This process is especially
important for preventing interference
where the FSS shares the band with
terrestrial services, such as the C-band
and extended Ku-band. Interference
between earth stations communicating
with different space stations is largely
avoided because the Commission’s rules
require that earth stations use
directional antennas and that space
stations are separated by 2 degrees in
the orbital arc. To avoid interference
between terrestrial stations and earth
stations sharing the same band, the
Commission’s rules rely on coordination
between operators of these stations prior
to issuance of a license. The
Commission’s rules require an applicant
for an FSS earth station license in bands
shared with terrestrial services to
conduct a frequency coordination
analysis prior to filing an application.
This frequency coordination analysis
requires the applicant to perform an
interference analysis for each ‘‘close by’’
terrestrial station for which a license or
construction permit has been granted or
an application has been filed. The
applicant must provide the interference
analysis and technical information
about the earth station to each of these
terrestrial station licensees, permittees,
or applicants. The terrestrial station
licensee, permittee, or applicant then
responds to the earth station applicant
if it has an interference concern. The
parties may resolve potential
interference by an agreement that is
filed with the application. Applicants
for fixed point-to-point microwave
licenses in bands shared with the FSS
must coordinate their proposed links
with nearby earth stations prior to filing
their applications using a similar
process. In addition to the coordination
requirements for terrestrial stations, the
Commission’s rules also impose
coordination requirements on earth
stations with antennas that do not meet
specified off-axis EIRP envelopes. These
earth stations, called non-conforming
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earth stations, must be coordinated with
satellites within a 6 degree orbital
separation of the satellite the earth
station will be communicating with. A
statement that this coordination has
been conducted must be included in the
application for the earth station.
16. The Commission proposes the
following procedures to be agreed iupon
and followed by the Commission and
NTIA to ensure parity between Federal
and non-Federal earth stations. The
Federal agency would request approval
from NTIA to deploy and operate an
earth station. In bands shared with
terrestrial users such as the C-band and
extended Ku-band, either NTIA or the
Federal agency would coordinate with
terrestrial stations as required by the
Commission’s rules. For nonconforming earth stations in any
satellite band, either NTIA or the
Federal agency would coordinate the
proposed earth stations with other
satellites as required by the
Commission’s rules. After such
coordination, NTIA would send the
request to the Commission, providing
all technical information that would be
provided by a non-Federal applicant,
such as station location and basic
technical characteristics. The
Commission would process the request
in the same way as it would process
applications for Commission licenses.
The Commission would place the
request on public notice. Following the
public notice period, if the Commission
determines that the request meets all
technical criteria for licensing (i.e., that
the application would be granted if it
were submitted by a non-Federal entity),
the Commission would notify NTIA and
make an entry in the Commission’s
database indicating the technical
characteristics of the station and its
protected status. The Commission’s
database entries will facilitate future
coordination with terrestrial operations
sharing the satellite bands. In bands
where there are no terrestrial stations or
where the earth stations are conforming,
there will be no need to coordinate the
earth station application prior to NTIA
filing a request with the FCC. In that
case, NTIA would file a request with the
FCC providing all technical information
that would be provided by a nonFederal applicant, such as station
location and basic technical
characteristics. The Commission would
place the request on public notice.
Following the public notice period, if
the Commission determines that the
request meets all technical criteria, the
Commission would notify NTIA and
make an entry in the Commission’s
database indicating the technical
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characteristics of the station and its
protected status. The Commission seeks
comment on these coordination
procedures. Because it is proposing that
Federal agencies would follow the same
technical requirements and procedures
as Commission licensees in obtaining
authorization to operate earth stations,
the Commission believes there would be
no negative effect on emergency
response communications. The
Commission seeks comment on this
proposal.
17. Under the proposed allocation
approach, these FSS bands would be
shared Federal/non-Federal FSS bands.
Under existing coordination procedures
the Commission routinely coordinates
license applications for bands shared
with Federal stations with NTIA. The
Commission believes that the addition
of the Federal earth stations should not
require any additional coordination
procedures for non-Federal applicants.
Accordingly, the Commission proposes
that applications for Commission
licenses using frequencies currently
allocated for exclusive non-Federal use
not be coordinated with NTIA. To
enable protection of government FSS
earth station operations in these new
bands, the Commission proposes that
the Federal agencies or NTIA monitor
Commission public notices regarding
filed earth station applications to
determine whether proposed nonFederal terrestrial stations raise any
interference concerns to existing Federal
earth stations. If a proposed non-Federal
station will cause interference to an
existing Federal earth station, NTIA
could file an opposition to the earth
station application in accordance with
established Commission procedure. The
Commission will consider any such
opposition in the same manner as
oppositions filed by other parties. The
Commission seeks comment on these
proposals, as well as any other
considerations that may impact the
process currently used by FCC and
NTIA for frequency coordination. For
parties proposing additional
coordination approaches, the
Commission ask that they also include
an analysis on timing and cost of such
an approach.
18. Under our existing procedures
under the MOU, the Commission and
NTIA coordinate proposed actions that
could potentially cause interference to
Federal operations, including changes to
our technical or service rules in shared
Federal/non-Federal bands. The
Commission’s ex parte rules generally
exempt presentations by NTIA in
matters over which NTIA and the
Commission share jurisdiction. Thus,
Federal agencies may be afforded an
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opportunity to participate, through
NTIA, in rulemakings in a manner
unavailable to non-Federal licensees.
The Commission invites comment on
how it might continue to protect against
harmful interference to or from Federal
earth station operations in a manner that
is consistent with the coordination
practice as set forth in the MOU, while
at the same time ensuring transparency,
fairness, and integrity in the
Commission’s decision making process.
19. The Commission believes that
under an allocation approach, it would
need to include in the footnote that we
propose to add to the Federal Table a
requirement that Federal earth stations
in these bands comply with part 25 of
the Commission’s rules. Are there other
ways that the Commission could ensure
that Federal agencies exercise only the
same rights and obligations that are
afforded similarly situated non-Federal
entities? For example, if Federal
agencies are not required to follow the
Commission’s technical rules, including
coordination procedures, what rules
should they follow? The Commission
also seeks comment on how to treat
Federal agencies operating under a
direct allocation but that are not in
compliance with the footnote. If
interference occurs between Federal
earth stations and non-Federal stations,
how should it be resolved?
20. The Commission’s part 25 rules
permit operation of Vehicle Mounted
Earth Stations (VMES), Earth Stations
on Vessels (ESV), and Earth Stations
Aboard Aircraft (ESAA) in a number of
FSS bands. VMES, ESV, and ESAA may
have either primary or secondary status
depending on the particular FSS band
or on whether the ESV or VMES is in
motion. The Commission notes that
under the allocation approach NTIA
would be able to authorize Federal
agencies to operate VMES, ESV, and
ESAA in the bands to which we are
adding a Federal FSS allocation to the
same extent and with the same
restrictions as Commission licensees.
Federal agencies would be expected to
comply with all of the part 25 rules
pertaining to VMES, ESV, and ESAA
and with the footnotes to the Allocation
Table regarding VMES, ESV, and ESAA.
The Commission seeks comment on this
proposal.
21. Under the allocation approach, the
Commission proposes to amend the
Federal Table by adding the following
primary allocations: (1) ‘‘FIXED–
SATELLITE (space-to-Earth)’’ to the
3700–4200 MHz, 10.7–12.2 GHz, and
37.5–39.5 GHz bands; (2) ‘‘FIXED–
SATELLITE (Earth-to-space)’’ to the
5850–6725 MHz, 12.7–13.25 GHz,
13.75–14.5 GHz, 27.5–30 GHz, and
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47.2–48.2 GHz bands; (3) ‘‘MOBILE–
SATELLITE (space-to-Earth)’’ to the
19.7–20.2 GHz band; and (4) ‘‘MOBILE–
SATELLITE (Earth-to-space)’’ to the
29.5–30 GHz band. It also proposes to
add new footnote US107 to the
Allocation Table that would restrict
Federal stations in the FSS to earth
stations operating with non-Federal
space stations in these ten frequency
bands, with the exception of Federal
earth stations in three locations that
operate in the 18.3–19.3 GHz and 19.7–
20.2 GHz bands. In addition, the
Commission proposes to amend US319
by adding the 19.7–20.2 GHz (space-toEarth) and 29.5–30 GHz (Earth-to-space)
bands, thereby restricting Federal MSS
stations in those bands to earth stations
operating with non-Federal space
stations. It also takes this opportunity to
propose to revise the text of US319 so
that it parallels the text of proposed
footnote US107 and to renumber
footnote US319 in frequency order as
footnote US46. The Commission seeks
comment on these proposals.
22. Further, if the Commission adopts
the allocation approach, it proposes to
reclassify all non-Federal footnotes that
apply to the non-Federal FSS
allocations in the proposed frequency
bands (NG52, NG53, NG54, NG55,
NG143, NG164, NG165, NG166, NG180,
NG181, NG183, NG185, NG187) as U.S.
footnotes. In particular, the Commission
notes that seven of these non-Federal
footnotes (NG52, NG54, NG55, NG180,
NG181, NG183, NG187) authorize
mobile applications (i.e., ESV, VMES,
and ESAA) in the fixed-satellite service.
The Commission seeks comment on this
proposal.
23. Finally, the Commission proposes
to add all international and U.S.
footnotes that apply to the non-Federal
FSS and MSS allocations in the
requested bands to the Federal Table. It
request comment on this proposal.
24. In seeking comment on our
proposal to add a primary Federal
allocation to the Allocation Table for
these satellite bands, the Commission
urges commenters to discuss how
implementation of the allocation
approach can satisfy the four key
objectives that it has defined. The
Commission likewise seeks comment on
the process it proposes for Federal users
to obtain approval to operate earth
stations in these satellite bands. Can the
allocation approach sufficiently protect
the interests of non-Federal licensees in
both the FSS and other services
operating in these bands? Would the
approach provide the flexibility needed
for Federal users to effectively make use
of the commercial satellite services? Are
there additional steps we should take to
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ensure that non-Federal users are
protected from harmful interference
from Federal earth stations? How could
NTIA’s ‘‘treat the same’’ request be most
effectively realized and how could the
concerns that commenters have raised
regarding NTIA’s petition be addressed?
The Commission also seeks comment on
the costs and benefits of the allocation
approach.
25. Interference Protection Approach:
Under our second proposal the
Commission would add the following
U.S. footnote to both the Federal Table
and non-Federal Table for each of the
FSS bands included in NTIA’s petition:
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USxxx The following provisions shall
apply to Federal earth stations that operate
with non-Federal space stations in the fixedsatellite service (FSS), and in the bands 19.7–
20.2 GHz and 29.5–30 GHz, the mobilesatellite service (MSS), in accordance with
the Commission’s rules and regulations (see
in particular the technical requirements of 47
CFR part 25) and that are authorized by
NTIA:
(a) Federal earth stations that receive
signals in the bands 3700–4200 MHz, 10.7–
12.2 GHz, and 37.5–39.5 GHz can claim
protection from harmful interference from
non-Federal stations to which these
frequencies are assigned at a later date even
though there are no Federal FSS or MSS
allocations in these bands.
(b) Federal earth stations that receive
signals in the bands 18.3–19.3 GHz and 19.7–
20.2 GHz from non-Federal space stations in
the FSS can claim protection from harmful
interference from non-Federal stations to
which these frequencies are assigned at a
later date.
(c) Non-Federal stations cannot claim
protection from harmful interference from
Federal earth stations to which frequencies in
the bands 5850–6725 MHz, 12.7–13.25 GHz,
13.75–14.5 GHz, 27.5–30 GHz, and 47.2–48.2
GHz have previously been assigned even
though there are no Federal FSS or MSS
allocations in these bands.
(d) Mobile applications in the non-Federal
FSS. Federal Earth Stations on Vessels
(ESVs), Vehicle Mounted Earth Stations
(VMES), and Earth Stations Aboard Aircraft
(ESAA) may also operate in accordance with
footnotes NG52, NG54, NG55, NG180,
NG181, NG183, NG187, and US133.
26. Under this proposal the
Commission would not place Federal
FSS and MSS allocations in the Federal
Table as shown in Appendix A of the
NPRM. The footnote it proposes to add
to the Table of Allocations under this
approach (the ‘‘interference protection
approach’’) would permit Federal earth
stations in communication with nonFederal space stations to receive
interference protection equivalent to
that afforded non-Federal earth stations
in the commercial satellite bands
requested by NTIA. In addition to
restricting Federal earth stations to
operating with non-Federal satellites as
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the allocation approach does, this
footnote would provide interference
protection to the Federal earth stations
under the condition that they comply
with the Commission’s technical rules.
Under the interference protection
approach the bands will not contain a
Federal FSS or MSS allocation in the
Federal Table and would not be
considered shared Federal/non-Federal
bands. Federal agencies authorized by
NTIA to operate earth stations in these
bands would operate on the same basis
as Commission-licensed non-Federal
earth stations, so long as the Federal
agency’s operations are consistent with
part 25 of the Commission’s rules.
Federal agencies would, for example,
have interference protection against
later-entering FCC licensees that they do
not currently enjoy. The interference
protection approach would entail
coordination procedures similar to those
proposed under the allocation approach
but, under either approach, the
Commission seeks to ensure parity in
the context of future rulemaking
proceedings affecting these bands. It
seeks comment on those aspects of the
proposed approaches.
27. As with the allocation approach
described, successful implementation of
the interference protection approach
will require agreement by NTIA and the
Commission on coordination
procedures that Federal agencies would
follow for authorizing Federal earth
stations. The Commission seeks
comment on whether the process
described with regard to the allocation
approach should be followed for Federal
agencies to obtain approval to use an
earth station in these bands. This
process would require Federal agencies
to request approval from NTIA to set up
an earth station, NTIA or the Federal
agency to coordinate the earth station in
bands shared with terrestrial users and
for non-conforming earth stations, NTIA
to send the request to the Commission,
and the Commission to place the request
on public notice. The Commission seeks
comment on the use of these procedures
in association with the interference
protection approach.
28. While the Commission recognizes
that the interference protection
approach differs from the plan
suggested in the NTIA petition, it also
believes that it will meet the objective
of the NTIA petition—to provide
interference protection to Federal earth
stations and to place Federal earth
stations on an equal footing with earth
stations licensed by the Commission.
Moreover, the Commission believes that
the interference protection approach is
well suited to meeting the four
objectives it believes are necessary for
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the success of any policy guiding
Federal use of commercial satellite
networks and we seek comment on this
tentative conclusion.
29. Because Federal and non-Federal
earth station operators will be
communicating with the same
Commission-approved space stations,
the Commission seeks to ensure parity
between Federal and non-Federal earth
stations. The technical and coordination
requirements contained in part 25 of the
Commission’s rules are designed to
prevent interference between users of
the satellite bands and should apply to
all earth station users, both Federal and
non-Federal. To facilitate the
harmonious sharing of the bands among
all users, the proposed footnote
explicitly conditions protected
operation of Federal earth stations in
these bands on the earth stations
complying with part 25 of the
Commission’s rules. The Commission
seeks comment on this approach.
30. Under the interference protection
approach, no Federal allocation would
be added to the satellite bands, and thus
those satellite frequency bands that are
currently exclusively non-Federal
would not become shared Federal/nonFederal spectrum. Because the Federal
and non-Federal earth stations both
communicate with the same commercial
satellites, it is important that the
satellite network as a whole remain
under the Commission’s oversight, even
when the authority to operate the
Federal and non-Federal earth stations
is granted by different entities. This
approach would continue to ensure the
effective regulation by the Commission
of the space and earth segments
provided by commercial space stations.
The Commission seeks comment on this
view.
31. As discussed, under our ex parte
rules, presentations by NTIA are
normally exempt from ex parte
restrictions in matters involving shared
jurisdiction. Unlike other parties, NTIA
is able to make presentations to the
Commission in its role as a co-regulator
without disclosing the content of the
presentations on the record at the time
it makes each presentation. Even when
the Commission makes NTIA materials
public, other parties may not have the
opportunity to respond to the
presentation’s content prior to adoption
of the Commission’s rulemaking action
unless NTIA submits the information
into the record beforehand. If the
Commission adopts the interference
protection approach it would not add a
Federal allocation to these bands, but
Federal agencies would be on an equal
footing with non-Federal users. To
ensure this parity in the context of
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rulemaking proceedings affecting these
bands, the Commission seeks comment
on whether the exemption from ex parte
disclosure requirements should apply to
any presentations made by NTIA on
behalf of Federal agencies using or
seeking to use earth stations under our
proposed rules herein.
32. The interference protection
approach would avoid subjecting nonFederal earth station applicants to new
licensing procedures, such as additional
approval and coordination
requirements. As discussed, license
applications in bands shared with
Federal users are, in general,
coordinated with NTIA. Under the
interference protection approach, the
satellite bands that are exclusively nonFederal would not acquire a Federal
allocation and therefore will not become
shared Federal/non-Federal bands. As a
result, the Commission proposes not to
coordinate license applications with
NTIA in these bands. Rather, it proposes
that Federal earth stations listed in the
Commission’s publicly-available
database will be protected from
interference in the same manner as nonFederal stations. The Commission seeks
comment on this approach.
33. There are a number of bands
allocated for the FSS included in the
NTIA petition that have Federal
allocations. For example, the 13.75–14
GHz portion of the extended Ku-band is
shared with Federal radars and NASA’s
Tracking and Data Relay Satellite
System. The Ka-band downlink has a
Federal co-primary FSS allocation that
is restricted to use at three earth station
locations. The 48.2–50.2 GHz portion of
the V-band has a primary Federal FSS
allocation. The Commission is not
proposing under the interference
protection approach to change the
application of the coordination process
with NTIA with regard to these and
other shared bands with Federal and
non-Federal allocations.
34. The Commission believes that the
interference protection approach can
provide assurance that the
Commission’s rules and practices will
be applied in a consistent manner
regardless of whether the applicant is a
Federal agency or a non-Federal entity
that owns and operates the earth station
communicating with a non-Federal
space station. Our proposed footnote
would condition protected operation of
Federal earth stations in these bands on
conformance with part 25 of the
Commission’s rules. If a Federal agency
obtains approval from NTIA to operate
an earth station in these bands and the
earth station does not operate in
conformance with our rules, the
Commission would remove it from our
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database. These non-compliant stations
would operate on a non-interference
basis and would have to accept any
interference from non-Federal stations—
just as is the case today. This will
provide an incentive for Federal earth
stations to comply with the
Commission’s rules to mitigate the
interference potential to both Federal
and non-Federal stations. The
Commission seeks comment on
additional actions the Commission can
take to provide assurance that Federal
agencies will comply with the
Commission’s rules when using earth
stations in these bands.
35. As mentioned, the Commission’s
part 25 rules permit operation of VMES,
ESV, and ESAA in a number of FSS
bands. The footnote it proposes under
the interference protection approach
would allow Federal agencies to operate
VMES, ESV, and ESAA on an
interference protected basis to the same
extent as non-Federal licensees. Federal
agencies would be expected to comply
with all of the part 25 rules pertaining
to VMES, ESV and ESAA and with the
footnotes to the Allocation Table
regarding VMES, ESV, and ESAA. The
Commission seeks comment on this
proposal.
36. The Commission seeks comment
on the costs and benefits of the
interference protection approach. Do
commenters agree with our observation
that this interference protection
approach would satisfy the four key
objectives we believe are necessary to
the establishment of a successful policy
guiding Federal use of commercial
satellite networks? Would this approach
meet the needs of Federal users for
protected access to the commercial
satellite bands? The Commission
likewise seeks comment on the process
it proposes for Federal users to obtain
approval to operate earth stations in
these satellite bands. Would the process
sufficiently protect the interest of nonFederal licensees in both the FSS and
other services operating in these bands?
Would the process provide the
flexibility needed for Federal users to
effectively make use of the commercial
satellite services? Should the
Commission take additional steps to
ensure that non-Federal users are
protected from harmful interference
from Federal earth stations? Are there
economic costs associated with the
interference protection approach which
should be considered?
B. Federal Space Stations in 399.9–
400.05 MHz MSS Band
37. NTIA has requested that the
Commission modify footnote US319 of
the Allocation Table to allow Federal
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space stations (i.e. satellites) to operate
in the 399.9–400.05 MHz band. This
band is allocated to the MSS and the
Radionavigation-Satellite Service on a
primary basis in both the Federal and
non-Federal Table. US319 prevents
Federal space stations from operating in
this band even though there is a coprimary Federal MSS allocation. NTIA
requests that the footnote be modified to
delete the 399.9–400.05 MHz band
thereby allowing Federal satellites to
operate in this band. According to
NTIA, the allocation change will allow
some applications to be shifted from the
Argos satellite system operated by the
National Oceanic and Atmospheric
Administration (NOAA) to the 399.9–
400.05 MHz band. NTIA claims that this
will result in lower interference, higher
capacity, and improved reliability and
service for both the applications that
continue to use Argos as well as the
applications on the new satellite
network to be deployed in the 399.9–
400.05 MHz spectrum. There currently
are no Commission licensees or
applicants for this band.
38. The Commission proposes to
modify US319 and to renumber this
footnote in frequency order as US46. No
MSS systems have been deployed or
authorized in the 399.9–400.05 MHz
band since the allocation was made
almost twenty years ago and there are
no pending applications or other
proposed uses for this band. Given that
the band has only a 150 kilohertz
bandwidth, the band is not suitable for
mobile broadband or most other
applications. Rather than have the band
lie fallow, the Commission tentatively
concludes that the public interest is best
served by allowing a Federal satellite
system to be operated in this band so
that the spectrum does not lay fallow.
The Commission seeks comment on this
proposal.
39. The Commission seeks comment
on the cost and benefits of making this
amendment to US319. While no MSS
systems currently operate in the 399.9–
400.05 MHz band, other parties may
have interest in operating satellite
systems in this band in the future. Given
this possibility, the Commission seeks
comment on whether operation of a
Federal MSS system in this band would
preclude operation of non-Federal MSS
systems in the band in the future. It also
recognizes that interference may occur
from a Federal MSS system operating in
399.9–400.05 MHz to other nearby
frequency bands. The 400.15–401 MHz
band is also allocated for MSS while the
335.4–399.9 MHz band has a Federal
fixed and mobile allocation. NTIA
would be responsible for ensuring that
any new Federal space stations
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authorized in the 399.9–400.05 MHz
band will not cause harmful
interference to Federal systems
operating in Federal allocations. The
Commission seeks comment on whether
a Federal MSS system operating in the
399.9–400.05 MHz band would cause
harmful interference to systems
operating in frequency bands allocated
for use by non-Federal systems and, if
so, what mitigation techniques are
possible.
C. Spectrum Access for Commercial
Space Operators
40. Three frequency bands are
commonly used by Federal agencies for
communications with and tracking of
space launch vehicles: 420–430 MHz,
2200–2290 MHz, and 5650–5925 MHz.
These bands currently have Federal, but
no non-Federal, allocations supporting
launches. Non-Federal use of these
bands has been possible by granting
Special Temporary Authorizations
(STAs) for use of these bands when
launches occur at Federal facilities. In
this NPRM the Commission broadly
seeks comment on the spectrum
requirements to support development of
the commercial launch sector. It is
noted that the Commission has long
regulated communication involving
satellites. For purposes of this portion of
the NPRM, however, our scope is
limited to spectrum used during
launches.
41. The Commission could take a
number of different regulatory
approaches to address the spectrum
requirements of the commercial space
sector. For example, it could modify the
Allocation Table to include a nonFederal co-primary allocation for the
2200–2290 MHz and 5650–5925 MHz
bands with a footnote providing for
coordination with Federal operations in
these bands for communications and
tracking during launches. Alternatively,
it could add a footnote to the Allocation
Table to allow non-Federal use of
certain Federal bands when supporting
Federal launch missions or when
conducting launches from Federal
facilities. The Commission could also
look to the 2360–2395 MHz band to
satisfy the commercial launch sector
spectrum requirements as this spectrum
is currently shared on a co-equal basis
for Federal and non-Federal
aeronautical mobile telemetry uses. It
seeks comment on the relative merits of
each of these approaches. It also seeks
comment on whether a non-Federal
allocation in the 420–430 MHz band is
necessary to support commercial
launches. The Commission believes this
action is necessary to support the
forecasted increase in the number of
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commercial launches in the future. It
seeks comment on these views.
42. Anticipating the need for nonFederal spectrum for communications
for commercial launches, the
Commission in 1990 set aside spectrum
in the 2310–2390 MHz band for
telemetry and telecommand use during
commercial launches. In the intervening
years the Commission has not
authorized use of this spectrum for
launches. Instead, commercial launches
in the United States have continued to
rely on Federal spectrum authorized by
NTIA.
43. Recently, two launch vehicle
manufacturers have applied to the
Commission for access to Federal
spectrum during commercial launches.
The Commission is able to grant special
temporary authority (STA) under the
part 5 experimental licensing rules to
commercial entities to operate in these
Federal bands on a non-interference
basis for a maximum of six months. This
means that the experimental STA
grantees are not allowed to cause
interference to and must accept
interference from Federal users of the
band that are operating with
authorizations. Because these bands
have a Federal allocation, the
Commission coordinates these
experimental STAs with NTIA. Once
these STAs have been coordinated with
NTIA, the potential for interference to or
from Federal systems to commercial
launch operations is minimized.
44. Given the expected increase in
commercial space flights, the continued
use of experimental STAs for the radio
spectrum needed for launches may
create uncertainty. Because there is no
non-Federal allocation allowing the use
of these frequencies, each request to
operate on these frequencies must be
evaluated on a case-by-case basis, with
no guarantee that one can be granted for
any given launch. Given that a single
launch can cost millions of dollars,
commercial launch providers should
not have to assume the risk that
launches may have to be postponed or
cancelled if an experimental STA is not
timely granted. Even if an experimental
STA is granted, the grantee must
contend with the uncertainty of noninterference status. Communications
links that operate on a non-interference
basis are not likely to be acceptable from
a safety standpoint for future manned
spaceflights. The experimental STA
process also increases the burden on
commercial launch providers’ time and
expense, since each is evaluated on a
case by case basis. Allocation status for
commercial launch providers would
enable the Commission to develop
service rules for issuing authorizations
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using well-defined application and
coordination processes. The
Commission seeks comment on these
tentative conclusions as well as the cost
to the space launch industry of not
having a non-Federal allocation in these
bands. Consequently, it is proposing,
and seeking comment, on adding nonFederal allocations to these three bands
to allow Commission licensees to
operate in these bands on an
interference protected basis. The
Commission seeks comment on possible
approaches it could take to provide nonFederal entities with interference
protection in these bands, such as
adding a non-Federal allocation to the
bands or the addition of a footnote to
the Allocation Table that provides nonFederal entities with interference
protection. The Commission notes that
even these approaches require
coordination with the Federal
incumbents in the band.
45. The Commission recognizes that
identifying the non-Federal spectrum
needs associated with launch of a
launch vehicle necessarily raises larger
questions about the respective roles of
the FCC and NTIA in future launch
scenarios. At the most basic level,
whether access to spectrum for use
during a launch requires authorization
from NTIA or a license from the
Commission will depend on whether
the radio transmitters belong to and are
operated by the U.S. government.
Making this determination is not always
straightforward. As a practical matter,
all launch vehicles launched in the past
several decades have been built with
substantial private company
involvement. All regular commercial
launches within the United States have
been conducted from launch facilities
owned by the Federal Government.
Payloads launched from Federal launch
facilities have included commercial
communications satellites and satellites
owned and operated by Federal agencies
such as the Department of Defense and
NOAA. Because multiple satellites can
be launched into space on a single
launch vehicle, both government and
non-government payloads have been
included on the same launch. There
have also been several instances of
Federal Government-owned equipment
or sensors on commercial
communications satellites. Given that
Federal agencies are required to use
commercial space services where
possible, the Commission believes that
there will be increasing Federal reliance
on non-Federal operations.
46. The Commission seeks comment
on how to determine whether a given
launch is non-Federal or Federal for
purposes of licensing spectrum for use
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during a launch. According to the
Communications Act, the Commission
has authority to license radio stations
except those ‘‘belonging to and operated
by the United States.’’ Spectrum use by
radio equipment belonging to or
operated by Federal agencies is
authorized by NTIA instead of licensed
by the Commission. How easy or
difficult has it been in practice to
determine whether use of spectrum
during launches should be licensed by
the Commission or authorized by NTIA?
How should factors such as the nature
of the payload, the location of the
launch, the provider of the launch
vehicle, and whether the FAA classifies
the launch as commercial be taken into
account in making this determination?
47. Making non-governmental
allocations within the 420–430 MHz,
2200–2290 MHz, and 5650–5925 MHz
bands would be a first step to issuing
licenses to commercial operators for use
during launches. After the allocations
are adopted, the Commission would
have to open a proceeding to create
service rules for non-Federal launches.
It recognizes the critical nature of some
of the Federal operations performed
using these frequency bands, and
realized that service rules would have to
be carefully crafted to ensure that the
commercial space launch operations do
not interfere with the important Federal
operations in these bands, particularly
as the commercial launch sector
expands. Accordingly, any service rules
would be developed in close
coordination with NTIA and the
Department of Defense to assure the
continued certainty that this spectrum
remains available for priority use by
critical systems. The FCC is committed
to ensuring that our rules would require
technical specifications, eligibility
requirements, and coordination
procedures necessary to preserve the
nation’s defense capabilities. Adoption
of these service rules will allow the
Commission to issue licenses to
commercial launch operators for
spectrum for use during launches
without the uncertainty of operating on
a non-interference basis. Because the
bands would be shared Federal/nonFederal bands, use of spectrum for
commercial space launches would be
coordinated with the NTIA. In the short
term, because the commercial launches
will occur at relatively few locations
and will not be an everyday occurrence,
we believe that service rules and
coordination procedures can be adopted
that will prevent harmful interference
from occurring to the Federal services in
these bands or the commercial launch
operators. In adopting service and
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licensing rules for these bands we must
make sure that Federal operations are
protected. The Commission seeks
comment on these assumptions.
Furthermore, it seeks comment on
whether the existing Federal bands are
able to sustain the anticipated growth of
the commercial launch sector. Are there
alternatives to use of these bands that
may satisfy the commercial launch
requirements?
48. What would be the costs and
benefits of providing non-governmental
access within the 420–430 MHz, 2200–
2290 MHz, and 5650–5925 MHz bands?
Would having access to portions of
these bands meet the needs of
commercial launch operators? What
costs would be imposed on Federal
agencies to coordinate use of the
spectrum with commercial launch
operators? Would having access to
portions of these bands allow
commercial launch operators to incur
lower development costs because they
will be able to use the same
communications systems for both
Federal and non-Federal launches? How
would the costs and benefits of having
access to portions of these bands
compare with other spectrum bands that
could be used instead of these bands?
How can we best ensure that the
anticipated growth of the commercial
launch industry is sustained in the
longer term?
49. The 420–430 MHz band is used to
transmit a self-destruct signal from
ground controllers to a launch vehicle
during launch. This signal causes the
launch vehicle to self-destruct if it goes
off course and would pose a danger to
a populated area. For safety reasons this
communications link must be extremely
reliable. NTIA has authorized a number
of frequencies throughout the 420–430
MHz band for self-destruct signals at
different Federal launch facilities.
50. Because the only non-Federal
allocation for the 420–430 MHz band is
for secondary amateur operations, the
Commission cannot issue licenses that
provide interference protection to
commercial entities to use this band for
self-destruct signals during launches.
Commercial entities have not requested
experimental STAs or licenses from the
Commission for self-destruct signals in
the 420–430 MHz band to date. In this
regard, the Commission seeks comment
on the requirements associated with
command and destruct communications
for commercial launch vehicles and
whether access to the 420–430 MHz
band is necessary. The commercial
launch vehicle has only a receiver for
the self-destruct signal and therefore
does not require a license to transmit. If
the self-destruct signal is being
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transmitted from a government owned
facility using equipment under the
control of Federal Government
employees, no license from the
Commission would be required. Instead,
an authorization from NTIA would be
needed.
51. The Commission seeks comment
on whether it should make a co-primary
non-Federal aeronautical mobile
allocation for the 420–430 MHz band for
use for self-destruct signals during
commercial launches. In addition, it
seeks comment on whether we should
add a footnote to the Allocation Table
restricting use of this non-Federal
allocation to self-destruct signals during
launches. Given that no one has
requested an experimental STA from the
Commission for this band for selfdestruct signals, is there a need for
access to the 420–430 MHz band for
self-destruct signals and would the
current STA process be sufficient to
satisfy this need? As private spaceports
are developed, use of Federal
authorizations for this purpose may no
longer be sufficient. Even when
launches are conducted from Federal
facilities, commercial entities
conducting launches may want to use
their own equipment for the selfdestruct communications link and
therefore would need a license from the
Commission. Given the necessity of a
reliable self-destruct communications
link for the safety of the public, the use
of a non-interference basis experimental
STA would be problematic. The
Commission acknowledges that use of
this band for non-Federal space
activities will require coordination with
NTIA and Federal users of the band.
The Commission proposes that any nonFederal use of the allocation should be
limited to commercial launch activities.
It seeks comment on this proposal as
well as alternative bands that may be
used for this purpose by the commercial
launch sector.
52. The 2200–2290 MHz band is used
for launch telemetry—i.e. the sending of
information from the launch vehicle to
ground controllers during the launch.
The Commission proposes two
alternative approaches that would
provide commercial launch operators
access to spectrum in the 2200–2290
MHz band for launch telemetry. As a
first alternative, it proposes to add a
footnote to the Allocation Table
providing primary non-Federal space
operation service allocations to portions
of the 2200–2290 MHz band for launch
telemetry. This footnote would require
successful coordination of the
assignment and use of the band for
space launches with NTIA, would
restrict non-Federal use of the band to
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pre-launch testing and to use at Federal
ranges, would limit non-Federal use of
the band to the 2207–2219 MHz,
2270.5–2274.5 MHz, and 2285–2290
MHz portions of the band, and would
limit non-Federal use of the band to
channels with bandwidth of less than 5
MHz based on our understanding of
current usage. As a second alternative
the Commission proposes to amend the
Allocation Table to add a non-Federal
Space Operations allocation to the
2200–2290 MHz band. This allocation
would be accompanied by a footnote to
the Allocation Table with the same
restrictions specified in the footnote
proposed in the first alternative. The
Commission seeks comment on these
two alternative proposals. Which
alternative would be better suited to
meeting our goal of providing access to
spectrum during launches for launch
telemetry?
53. Because the 2200–2290 MHz band
has no non-Federal allocation, the
Commission does not license
frequencies except on a non-interference
basis. The primary Federal space
operation service allocation enables
NTIA to assign frequencies in the 2200–
2290 MHz band to Federal agencies for
telemetry during launches.
54. The 2200–2290 MHz band is
heavily used by Federal agencies. The
Commission seeks comment on whether
there is sufficient spectrum available in
this band for use during commercial
launches, and, in particular, whether
the use of this band could sustain the
anticipated growth of the commercial
launch sector. Using the same
frequencies for Federal and non-Federal
launches has distinct advantages for the
commercial space industry. The
equipment used for communications
during launches has been developed
and is reliable. Launch communications
have successfully shared this band with
the other services present for numerous
launches through coordination of the
various operations. Many commercial
launches will occur from facilities colocated with Federal launch sites such
as Cape Canaveral or Vandenberg Air
Force Base where this sharing has been
accomplished. In the future, the same
companies will likely conduct launches
for both Federal agencies and private
entities and eventually likely transition
to commercial space ports that are
completely independent of Federal
operations. The Commission seeks
comment on whether requiring industry
to have the capability to conduct
communications in different bands
depending on whether the launch is
considered Federal or non-Federal
would place an expensive burden on
these companies. Providing access to
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spectrum that can sustain the short and
long term needs of the commercial
launch industry is in accordance with
the policy of the United States
government to develop a vibrant
commercial space industry.
55. In both of the alternative
proposals the Commission proposes that
non-Federal use of the bands for space
launches be limited to the 2207–2219
MHz, 2270.5–2274.5 MHz, and 2285–
2290 MHz portions of the band. It has
proposed this limitation based on our
understanding of current usage. The
Commission seeks comment on limiting
non-Federal use to these portions of the
band for space launches. Can limiting
non-Federal use to this portion of the
band support the expected growth of the
commercial launch industry? It has also
proposed to limit non-Federal use of
these bands to communication channels
with bandwidths of less than 5
megahertz based on our understanding
of current usage. The Commission seeks
comment on this limitation. In addition,
it has proposed to limit non-Federal use
of this band for space launches to prelaunch testing and for launches
conducted at Federal ranges. The
Commission proposes this restriction to
limit the potential for interference to
Federal operations to a few locations. As
the commercial space ports are
established that are independent of
Federal operations would this
restriction unduly limit the future
growth of the commercial space launch
industry?
56. As mentioned, in 1990 the
Commission made six frequencies in the
2310–2390 MHz band available for both
Federal and non-Federal use for
telemetry and telecommand of launch
and reentry vehicles. The Commission
later reduced these to three frequencies
in the 2360–2395 MHz band. The 2360–
2395 MHz band is primarily used for
aeronautical telemetry and
telecommand operations for flight
testing of aircraft and missiles. The
Commission seeks comment generally
on the use of these frequencies as an
alternative to the heavily used 2200–
2290 MHz band for communications
during launches. In the time since the
Commission made this spectrum
available for launch telemetry, the
intensity of use of this band for
aeronautical telemetry for flight testing
may have significantly changed. Does
the current and expected future use of
the 2360–2395 MHz band for
aeronautical telemetry for flight testing
make it unsuitable for communications
associated with launch activity? What
are the impediments to use of this band
for commercial launches in the future?
What are the spectrum requirements of
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the commercial launch sector in the
short and long term and are the
available frequencies in this band
sufficient to meet, at least in part, these
requirements? Because the number of
frequencies available for launch vehicle
telemetry and telecommand has been
halved, would the needed data capacity
be available for telemetry and
telecommand during commercial
launches? Should the Commission make
the entire 2360–2395 MHz band
available for telemetry and
telecommand during commercial
launches? Will the development of
communications equipment for use on
launch vehicles for this band place a
significant economic burden on the
commercial space industry? Prior to the
Commission making frequencies in the
2310–2395 MHz band available for
space launch telemetry, several
commenters stated that it would be
more cost efficient to use the same
frequencies for both Federal and nonFederal launches and that the band
should not be used until all Federal
launch facilities had transitioned to the
band. The Commission seeks comment
on whether these concerns are still
valid. Are there other reasons why the
2360–2395 MHz band is not a viable
alternative to the 2200–2290 MHz band
for telemetry during launches?
57. Looking beyond the 2360–2395
MHz band, the Commission seeks
comment on alternatives to the use of
the 2200–2290 MHz band for launch
communications. It realizes that as the
demand for spectrum increases, finding
spectrum for new applications has
become more difficult. That is
especially the case for an application
such as the space operation service,
which involves transmitting high
powered signals from high altitudes that
may result in interference over a large
area. Because these communications
will take place from space, must the
spectrum used be internationally
allocated to the space operation service
(space-to-Earth)? There is meager
spectrum allocated for this purpose.
Assuming that another suitable
frequency band could be identified,
would obtaining an international space
allocation be a long process with
uncertain success?
58. The 5650–5925 MHz band is used
for radar tracking of a launch vehicle
during launch. Because the
radiolocation allocation in the 5650–
5925 MHz band is Federal, the
Commission can only license
commercial entities to use the band to
track launch vehicles on a noninterference basis. Federal radar
facilities are able to track launches from
government owned launch facilities
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under current NTIA authorizations even
for commercial launches. However,
NTIA may not authorize radar
transponders on commercial launch
vehicles. In the future private
spaceports may need to establish nonFederal radar facilities to track
commercial launch vehicles or
spacecraft. Even for commercial
launches from government run launch
sites, the commercial space operator
may want to develop and use its own
radar facilities to track the launch
vehicle. Given the need for radar
transponders on commercial launch
vehicles or for non-government radar
tracking of launch vehicles, the
Commission makes two alternative
proposals for providing non-Federal
access to the 5650–5925 MHz band for
tracking of launch vehicles. As a first
proposal it proposes to add a footnote to
the Allocation Table providing primary
non-Federal Radiolocation service
allocations to portions of the 2200–2290
MHz band for launch telemetry. This
footnote would require successful
coordination of the assignment and use
of the band for space launches with
NTIA and would restrict non-Federal
Radiolocation use of the band to the
tracking of launch vehicles during
launches and for pre-launch testing. The
second alternative proposal would add
a non-Federal radiolocation allocation
to the 5650–5925 MHz band with
footnote containing the same
restrictions. Is only a portion of the
band needed for the tracking during
launches? What are the spectrum and
operational requirements for radar
tracking of commercial launch vehicles
in the short and longer term? Could
launch vehicles instead be tracked in
other radiolocation bands, whether
Federal, non-Federal, or shared? Would
the addition of a non-Federal
radiolocation allocation introduce any
compatibility issues with Intelligent
Transportation Systems that are
significantly different than
compatibility with the existing Federal
radiolocation allocation? The
Commission also proposes to restrict
non-Federal use of this band to use for
launch activities. It seeks comment on
these proposals.
Summary of the Notice of Inquiry
59. While the commercial space
operations portion of the NPRM has
focused on use of the 420–430 MHz,
2200–2290 MHz, and 5650–5925 MHz
bands during launches, the Commission
understands that the commercial space
industry may have additional needs for
spectrum in the future. In this Notice of
Inquiry, the Commission launches an
inquiry into the future spectrum
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requirements of the commercial space
industry. It seeks comment broadly on
what other spectrum needs may be
important as the commercial space
sector continues to develop. What
spectrum will be required as
commercial spaceports are developed
where the established communications
infrastructure that is in place at the
government-owned launch facilities is
not present? Are there communications
needs during other portions of space
missions after the launch such as during
re-entry or the ‘‘on orbit’’ phase of a
mission that require changes in
allocations? Are there any other
frequency bands, whether Federal, nonFederal, or shared that the commercial
space industry will need access to? Can
some of the spectrum needs of the
commercial space industry be satisfied
by purchasing or leasing spectrum from
other licensees? Are there any portions
of the Commission’s rules that will need
to be amended to keep pace with this
rapidly changing industry?
60. While previous commercial
launches have been conventional
rockets, several companies plan to take
passengers on suborbital spaceflights
using spacecraft that have more in
common with planes than rockets. For
example, Virgin Galactic’s spacecraft
will be carried aloft suspended from a
plane. The spacecraft will then be
released by the plane and a rocket
engine will be fired to propel it into
space. The spacecraft will then glide
back to earth for an unpowered landing
in the same manner as NASA’s space
shuttle. XCOR Aerospace’s spacecraft
will take off on a horizontal runway like
a plane, fire a rocket engine to propel it
into space, and then glide back to earth
for a horizontal landing. The spacecraft
are only expected to reach altitudes of
100 km as compared to orbits of over
300 km for low earth orbit satellites and
space stations. Given the airplane-like
qualities of these spacecraft and their
lower maximum altitudes, they may
have different communications needs
than conventional launches. Because
the spacecraft will glide back to earth
will their frequency use have to be
coordinated over a much larger area
than conventional launches and
reentries? Will access to the spectrum
used by commercial aviation under the
part 87 Aviation Services be more
appropriate for all or part of the
spacecraft’s flight? Would the
Commission need to initiate a
proceeding to modify part 87 to meet
the needs of these commercial
spacecraft? The Commission seeks
comment generally on the
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communication needs of these
spacecraft.
61. Bigelow Aerospace has announced
plans to have a commercial space
station in orbit as early as 2016.
Presumably, a space station with human
habitation will need reliable
communications with earth based
ground stations. The Commission seeks
comment generally on the
communications needs of such a space
station. Will additional allocations of
spectrum be necessary to support a
commercial space station? What
modifications to the Commission’s rules
will be needed to support the
communication needs of the space
station?
Procedural Matters
Initial Regulatory Flexibility Analysis
62. As required by the Regulatory
Flexibility Act (RFA),1 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 Notice of
Proposed Rule Making (NPRM). 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 provided
on the first page of this NPRM. The
Commission will send a copy of this
NPRM, including this IRFA, to the Chief
Counsel for Advocacy of the Small
Business Administration (SBA).2 In
addition, the NPRM and IRFA (or
summaries thereof) will be published in
the Federal Register.3
A. Need for, and Objectives of, the
Proposed Rules
63. The United States government and
commercial entities have filled distinct
roles in regard to activities in space.
However, in recent years the roles of the
Federal Government and private sector
have become blurred. Federal policy
directs agencies to use commercial
satellite services unless specific mission
requirements cannot be met, and many
Federal agencies now rely on
commercial communication satellites
for service. NASA has contracted with
commercial entities to carry cargo to the
International Space Station (ISS), and in
the future commercial spacecraft are
expected to carry crew members to the
ISS. Also, several privately owned
spaceports have been licensed for future
1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601–
612, has been amended by the Small Business
Regulatory Enforcement Fairness Act of 1996
(SBREFA), Public Law 104–121, Title II, 110 Stat.
857 (1996).
2 See 5 U.S.C. 603(a).
3 See id.
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launches. As a result, the Commission’s
rules must evolve to reflect the
increased reliance of Federal agencies
on commercial space services and the
continued development of the
commercial space sector. The Notice of
Proposed Rulemaking (NPRM), proposes
several modifications to the Table of
Frequency Allocations in Section 2.106
of our rules (Allocation Table) to reflect
this new reality.
64. The NPRM makes two alternative
proposals to modify the Allocation
Table to provide interference protection
for Fixed-Satellite Service (FSS) and
Mobile-Satellite Service (MSS) earth
stations operated by Federal agencies
under authorizations granted by the
National Telecommunications and
Information Administration (NTIA) in
certain frequency bands. These
frequency bands which are used to
provide commercial satellite service are:
3.6–4.2 GHz, 5.85–6.725 GHz, 10.7–12.2
GHz, 12.7–13.25 GHz, 13.75–14.5 GHz,
18.3–19.3 GHz, 19.7–20.2 GHz, 27.5–
30.0 GHz, 37.5–39.5 GHz and 47.2–50.2
GHz. Federal agencies are not, for the
most part, currently able to operate their
own earth stations on an interferenceprotected basis in these bands to use
commercial satellite services. Under a
first proposal, the Commission would
add a co-primary Federal FSS or Federal
MSS allocation in the Allocation Table
for these frequency bands. In
conjunction with this modification of
the Allocation Table, we would add a
footnote to the Allocation Table
restricting primary use of Federal earth
stations in these bands to
communication with non-Federal
satellites. A second alternative proposal
would modify the Allocation Table by
adding a footnote that gives Federal
earth stations communicating with nonFederal satellites in these frequency
bands interference protection equivalent
to that afforded to non-Federal earth
stations. The Federal earth stations will
receive interference protection only if
they operate in accordance with the
Commission’s rules. Either of these
proposals would allow Federal agencies
to obtain the same rights to interference
protection accorded to Commission
licensees when using earth stations to
communicate with commercial satellite
networks.
65. The NPRM also proposes to
amend a footnote to the Allocation
Table to permit a Federal MSS system
to operate in the 399.9–400.05 MHz
band. Deployment of this Federal
system will allow traffic to be migrated
from the existing Argos Federal MSS
system, thereby resulting in less
interference and improved service and
reliability for users of both the existing
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Argos and the new Federal MSS
systems. No Federal or non-Federal
MSS systems have been deployed in
this band since it was allocated in 1993.
This proposed allocation will permit
long vacant spectrum to be put to an
important use.
66. The NPRM also makes alternative
proposals to modify the Allocation
Table to provide access to spectrum on
an interference protected basis to
Commission licensees for use during the
launch of launch vehicles (i.e. rockets).4
During launches, spectrum in three
frequency bands is typically used to
send information from the launch
vehicle to controllers on ground (2200–
2290 MHz), send a self-destruct signal to
the launch vehicle if needed (420–430
MHz), and to track the launch vehicle
by radar (5650–5925 MHz). Because all
of these frequency bands have only
Federal allocations for these purposes,
the Commission can not issue licenses
for these bands except on a noninterference basis. As a result,
commercial space launch operators are
not allowed to cause interference to and
must accept interference from Federal
users in these bands. Under a first
proposal, the Commission would add a
footnote to the Allocation Table
providing primary non-Federal
allocations to the 2200–2290 MHz and
5650–5925 MHz bands. The footnote
would restrict the allocations to use
during space launches and pre-launch
testing at Federal ranges and would
require successful coordination of the
assignment and use of the band for
space launches with NTIA. Under a
second proposal the Commission would
add a non-Federal allocation to the
Allocation Table along with a footnote
with the same restrictions as the first
proposal. In addition, the NPRM seeks
comment on whether to make a nonFederal allocation for the 420–430 MHz
band. Co-primary non-Federal
allocations for these bands would allow
the Commission to later adopt service
and technical rules that facilitate the
issuance of licenses to commercial
entities for these bands that provide
them with interference protection. This
will provide commercial entities access
to these important spectrum resources
as more commercial launches are
conducted and private spaceports are
established.
B. Legal Basis
67. The proposed action is authorized
under Sections 4(i), 301, 303(c), 303(f),
and 303(r) of the Communications Act
4 A launch vehicle is a rocket used to launch a
payload into space.
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of 1934, as amended, 47 U.S.C. 154(i),
301, 303(c), 303(f), and 303(r).
C. Description and Estimate of the
Number of Small Entities to Which the
Proposed Rules Will Apply
68. The RFA directs agencies to
provide a description of and, where
feasible, an estimate of the number of
small entities that may be affected by
the proposed rules, if adopted.5 The
RFA generally defines the term ‘‘small
entity’’ as having the same meaning as
the terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
jurisdiction.’’ 6 In addition, the term
‘‘small business’’ has the same meaning
as the term ‘‘small business concern’’
under the Small Business Act.7 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 SBA.8
69. Satellite Telecommunications and
All Other Telecommunications. Two
economic census categories address the
satellite industry. The first category has
a small business size standard of $15
million or less in average annual
receipts, under SBA rules.9 The second
has a size standard of $25 million or less
in annual receipts.10
70. The category of Satellite
Telecommunications ‘‘comprises
establishments primarily engaged in
providing telecommunications services
to other establishments in the
telecommunications and broadcasting
industries by forwarding and receiving
communications signals via a system of
satellites or reselling satellite
telecommunications.’’ 11 Census Bureau
data for 2007 shows that 512 Satellite
Telecommunications firms operated for
the entire year.12 Of this total, 464 firms
had annual receipts of under $10
million, and 18 firms had receipts of
55
U.S.C. 603(b)(3).
U.S.C. 601(6).
7 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).
8 Small Business Act, 15 U.S.C. 632 (1996).
9 13 CFR 121.201, NAICS code 517410.
10 13 CFR 121.201, NAICS code 517919.
11 U.S. Census Bureau, 2007 NAICS Definitions,
517410 Satellite Telecommunications.
12 See https://factfinder.census.gov/servlet/
IBQTable?_bm=y&-geo_id=&-_skip=900&-ds_name
=EC0751SSSZ4&-_lang=en.
65
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$10 million to $24,999,999.13
Consequently, the Commission
estimates that the majority of Satellite
Telecommunications firms are small
entities that might be affected by our
action.
71. The second category, i.e. ‘‘All
Other Telecommunications’’ comprises
‘‘establishments primarily engaged in
providing specialized
telecommunications services, such as
satellite tracking, communications
telemetry, and radar station operation.
This industry also includes
establishments primarily engaged in
providing satellite terminal stations and
associated facilities connected with one
or more terrestrial systems and capable
of transmitting telecommunications to,
and receiving telecommunications from,
satellite systems. Establishments
providing Internet services or voice over
Internet protocol (VoIP) services via
client-supplied telecommunications
connections are also included in this
industry.’’ 14 For this category, Census
Bureau data for 2007 shows that there
were a total of 2,383 firms that operated
for the entire year.15 Of this total, 2,347
firms had annual receipts of under $25
million and 12 firms had annual
receipts of $25 million to $49,
999,999.16 Consequently, the
Commission estimates that the majority
of All Other Telecommunications firms
are small entities that might be affected
by our action.
72. Commercial Space
Transportation. The North American
Industry Classification System does not
have a discrete code for commercial
space transportation per se. However, it
does have the following codes that
collectively capture entities engaged in
commercial space transportation:
336414, ‘‘Guided Missile and Space
Vehicle Manufacturing,’’ 336415,
‘‘Guided Missile and Space Vehicle
Propulsion Unit and Parts
Manufacturing,’’ and 336419, ‘‘Other
Guided Missile and Space Vehicle Parts
and Auxiliary Equipment
Manufacturing.’’ The Small Business
Administration (SBA) has defined small
business entities engaged in the
aforementioned activities as those
employing no more than 1,000
13 See https://factfinder.census.gov/servlet/
IBQTable?_bm=y&-geo_id=&-_skip=900&-ds_name
=EC0751SSSZ4&-_lang=en.
14 https://www.census.gov/cgi-bin/sssd/naics/
naicsrch?code=517919&search=2007%20NAICS%
20Search.
15 https://factfinder.census.gov/servlet/IBQTable?_
bm=y&-geo_id=&-_skip=900&-ds_name=
EC0751SSSZ4&-_lang=en.
16 https://factfinder.census.gov/servlet/IBQTable?_
bm=y&-geo_id=&-_skip=900&-ds_name=
EC0751SSSZ4&-_lang=en.
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employees.17 Further, the SBA does not
apply a size standard based on
maximum annual receipts to define
small business entities engaged in the
above industries.
73. The FCC believes that the
following business entities are the
principle entities currently comprising
the commercial space transportation
launch operator industry in the United
States: The Boeing Company, Lockheed
Martin Corporation, Space Exploration
Technologies, Orbital Sciences
Corporation, and Sea Launch Company,
L.L.C. In addition, Virgin Galactic and
XCOR Aerospace have announced plans
for suborbital manned space flights.18
NASA has agreements with three
companies to design and develop
human space flight capabilities: Sierra
Nevada Corporation, Space Exploration
Technologies, and The Boeing
Company.19 Because the commercial
space industry is a nascent industry, it
is difficult to state whether additional
entities will enter the industry and how
many and which entities will succeed.
We do not have data on the size of these
entities, and consequently, cannot
classify them as large or small entities.
We therefore cannot reach definite
conclusions as to the number of small
entities that will be affected by the rules
proposed in this NPRM and we shall
assume that a significant number of
small entities will be affected by these
regulations. We request comment on
this assumption.
D. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
74. The NPRM proposes no reporting
and recordkeeping requirements.
E. Steps Taken To Minimize Significant
Economic Impact on Small Entities, and
Significant Alternatives Considered
75. 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 (among
others): (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
17 13 CFR 121.201, NAICS codes 336414, 336415,
336419.
18 See Virgin Galactic, https://
www.virgingalactic.com; XCOR Aerospace: New
Technology for Space, https://www.xcor.com/.
19 Bob Granath, NASA Takes Strides Forward to
Launch Americans from U.S. Soil, Jan. 25, 2013,
available at https://www.nasa.gov/exploration/
commercial/crew/cpc_apollo_5_prt.htm.
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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.20
76. In a first of two alternative
proposals, the NPRM proposes to add a
co-primary Federal FSS or Federal MSS
allocation in the Table of Frequency
Allocations in § 2.106 of our rules
(Allocation Table) for a number of
spectrum bands used for commercial
satellite service. In conjunction with
this modification of the Allocation
Table, we will add a footnote to the
Allocation Table restricting primary use
of Federal earth stations in these bands
to communication with non-Federal
satellites. This will not directly change
the regulatory burdens on Commission
licensees. Commission licensees will
continue to follow the same licensing
procedures and be subject to the
existing technical rules when operating
in these bands. Because the bands will
have a co-primary Federal allocation,
under existing coordination procedures
the Commission would be expected to
coordinate license applications in these
bands with NTIA. This will result in
increased processing time for
applications for Commission licenses
for these bands. We are not able to
quantify the economic impact this
increased processing time will have on
small entities applying for Commission
licenses.
77. Alternatively, the NPRM proposes
to modify the Allocation Table by
adding a footnote that gives Federal
earth stations communicating with nonFederal satellites in a number of bands
used for commercial satellite service
interference protection equivalent to
that afforded to non-Federal earth
stations. The Federal earth stations will
receive interference protection only if
they operate in accordance with the
Commission’s rules. This proposal does
not change the regulatory burdens on
Commission licensees. Commission
licensees will continue to follow the
same licensing procedures and be
subject to the existing technical rules
when operating in these bands. Unlike
the first proposal, a Federal allocation
will not be added to these bands and
there will be no new requirement to
coordinate Commission licenses with
NTIA. This alternate proposal should
have no significant economic impact on
small entities.
78. The NPRM also proposes to
amend a footnote to the Allocation
Table to permit a Federal MSS system
to operate in the 399.9–400.05 MHz
band. Although this band currently has
20 See
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5 U.S.C. 603(c).
01JYP1
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a non-Federal MSS allocation and the
Commission has adopted service and
technical rules for the band, the
Commission has issued no MSS licenses
for the band and no one has applied to
use this band. While it is possible that
a small entity may apply for a license
for this band in the future, considering
that it has been allocated for the MSS
since 1993 with no interest from
satellite operators we believe it is
unlikely. However, on the chance that a
satellite operator may desire to deploy
a system in the band in the future the
NPRM does ask whether operation of a
Federal MSS system in the band will
preclude a non-Federal MSS system
from also being licensed. There is a
possibility that a Federal MSS system
deployed in the band may cause
harmful interference to Commission
licensees in nearby spectrum. The
NPRM asks whether such interference
could be an issue. Given the lack of
commercial interest in the band we
expect that this proposal shall not have
a significant economic impact on any
small entity.
79. The final section of the NPRM
makes several proposals to amend the
Allocation Table to provide interference
protected access to spectrum for
Commission licensees for the launch of
launch vehicles (i.e. rockets). These
bands do not currently have a nonFederal allocation for this purpose.
Consequently, the Commission may
only issue licenses for these bands on a
non-interference basis. A licensee with
non-interference status may not cause
interference and must accept
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83. The National Telecommunications
and Infrastructure Administration’s
Petition for Rulemaking is granted to the
extent described herein.
interference from those using the band
in accordance with the Allocation
Table. Adopting any of these proposals
would be only a first step toward the
Commission issuing licenses for these
bands because the Commission would
later have to adopt service and technical
rules for the bands. However, once the
Commission is able to issue licenses for
these bands, small entities who
manufacture and/or develop launch
vehicles and spacecraft will benefit
because they will be able to obtain
licenses for spectrum that provide them
with interference protection during
launches. Consequently, we expect that
these proposals will provide only a
benefit to small entities and will have
no significant harmful economic impact
on any small entity.
Federal Communications Commission.
Sheryl D. Todd,
Deputy Secretary.
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rule
80. None.
■
Ordering Clauses
81. Pursuant to Sections 4(i), 301,
303(c), 303(f), and 303(r) of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 301, 303(c),
303(f), and 303(r), this Notice of
Proposed Rulemaking and Notice of
Inquiry is adopted.
82. The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, 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.
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List of Subjects 47 CFR Parts 2
Communications equipment, Disaster
assistance, Radio.
Proposed Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 2 as follows:
PART 2—FREQUENCY ALLOCATIONS
AND RADIO TREATY MATTERS;
GENERAL RULES AND REGULATIONS
1. The authority citation for part 2
continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and
336, unless otherwise noted.
2. Section 2.106, the Table of
Frequency Allocations, is amended as
follows:
■ a. Pages 21–22, 26, 33–34, 37–38, 40,
42–43, 47–49, 51–52, 54, 56, and 58 are
revised.
■ b. In the list of United States (US)
Footnotes, footnotes US46, US107,
USyyy, and USzzz are added, and
footnote US319 is removed.
■
§ 2.106
Table of Frequency Allocations.
The revisions and additions read as
follows:
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*
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*
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*
FEDERAL COMMUNICATIONS
COMMISSION
United States (US) Footnotes
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*
*
*
*
*
US46 In the bands 137–138 MHz,
148–150.05 MHz, 400.15–401 MHz,
1610–1626.5 MHz, 2483.5–2500 MHz,
19.7–20.2 GHz, and 29.5–30 GHz,
Federal stations in the mobile-satellite
service shall be restricted to earth
stations operating with non-Federal
space stations and that comply with Part
25 of the Commission’s rules.
*
*
*
*
*
US107 In the bands 3700–4200
MHz, 5850–6725 MHz, 10.7–12.2 GHz,
12.7–13.25 GHz, 13.75–14.5 GHz, 18.3–
19.3 GHz (except as provided for in
US334), 19.7–20.2 GHz (except as
provided for in US334), 27.5–30 GHz,
37.5–39.5 GHz, and 47.2–48.2 GHz,
Federal stations in the fixed-satellite
service shall be restricted to earth
stations operating with non-Federal
space stations and that comply with Part
25 of the Commission’s rules.
*
*
*
*
*
USyyy In the band 2200–2290 MHz,
non-Federal stations in the space
operation service may also be
authorized on a primary basis and such
use shall be:
(a) Restricted to transmissions in the
sub-bands 2207–2219 MHz, 2270.5–
2274.5 MHz, and 2285–2290 MHz
(necessary bandwidth shall be
contained within these ranges);
(b) limited to no greater than 5 MHz
necessary bandwidth per channel by
launch vehicles during pre-launch
testing and launches at Federal ranges;
and
(c) subject to successful coordination
of the assignment and use with Federal
operations through NTIA.
*
*
*
*
*
USzzz In the band 5650–5925 MHz,
non-Federal stations operating in the
radiolocation service may also be
authorized on a primary basis and such
use shall be:
(a) Restricted to use in the tracking of
launch vehicles during launches and
pre-launch testing of launch vehicles
subject to; and
(b) subject to successful coordination
of the assignment and use with federal
operations through NTIA.
[FR Doc. 2013–15592 Filed 6–28–13; 8:45 am]
BILLING CODE 6712–01–P
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47 CFR Parts 2 and 5
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
[FR Doc. 2013–15684 Filed 6–28–13; 8:45 am]
[ET Docket Nos. 10–236 and 06–155; Report
No. 2982]
BILLING CODE 6712–01–P
Petition for Reconsideration of Action
in Rulemaking Proceeding
FEDERAL COMMUNICATIONS
COMMISSION
Federal Communications
Commission.
47 CFR Part 43
AGENCY:
ACTION:
Petition for reconsideration.
In this document, Petitions
for Reconsideration have been filed in
the Commission’s Rulemaking
proceeding by Michael J. Marcus on
behalf of Marcus Spectrum Solutions
LLC, by Charles S. Farlow on behalf of
Medtronic, Inc., and by James S. Blitz
on behalf Sirius XM Radio Inc., and
EchoStar Technologies Inc.
SUMMARY:
Oppositions to the Petitions
must be filed on or before July 16, 2013.
Replies to an opposition must be filed
on or before July 26, 2013.
DATES:
Federal Communications
Commission, 445 12th Street SW.,
Washington, DC 20554.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
[IB Docket No. 04–112; Report No. 2981]
Petition for Reconsideration of Action
in Rulemaking Proceeding
Federal Communications
Commission.
AGENCY:
ACTION:
Petition for reconsideration.
In this document, a Petition
for Reconsideration (Petition) has been
filed in the Commission’s Rulemaking
proceeding by Glenn S. Richards, on
behalf of the Voice on the Net (VON)
Coalition.
SUMMARY:
Oppositions to the Petition must
be filed on or before July 16, 2013.
Replies to an opposition must be filed
on or before July 26, 2013.
DATES:
Rodney Small, Office of Engineering
and Technology, 202–418–2452,
Rodney.Small@fcc.gov (mailto:
Rodney.Small@fcc.gov).
ADDRESSES:
This is a
summary of Commission’s document,
Report No. 2982, released June 7, 2013.
The full text of Report No. 2982 is
available for viewing and copying in
Room CY–B402, 445 12th Street SW.,
Washington, DC or may be purchased
from the Commission’s copy contractor,
Best Copy and Printing, Inc. (BCPI) (1–
800–378–3160). The Commission will
not send a copy of this Notice pursuant
to the Congressional Review Act, 5
U.S.C. 801(a)(1)(A), because this Notice
does not have an impact on any rules of
particular applicability.
Subjects: Promoting Expanded
Opportunities for Radio
Experimentation and Market Trials
under Part 5 of the Commission’s Rules
and Streamlining Other Related Rules;
2006 Biennial Review of
Telecommunications Regulations—Part
2 Administered by the Office of
Engineering and Technology, FCC 13–
15, published at 78 FR 25138, April 29,
2013, in ET Docket No. 10–236 and ET
Docket No. 06–155, published pursuant
to 47 CFR 1.429(e). See also 47 CFR
1.4(b)(1) of the Commission’s rules.
Number of Petitions Filed: 3.
David Krech (202) 418–7443 or John
Copes (202) 418–1478, Policy Division,
International Bureau.
SUPPLEMENTARY INFORMATION:
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Federal Communications
Commission, 445 12th Street SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
This is a
summary of Commission’s document,
Report No. 2981, released June 5, 2013.
The full text of Report No. 2981 is
available for viewing and copying in
Room CY–B402, 445 12th Street SW.,
Washington, DC or may be purchased
from the Commission’s copy contractor,
Best Copy and Printing, Inc. (BCPI) (1–
800–378–3160). The Commission will
not send a copy of this Notice pursuant
to the Congressional Review Act, 5
U.S.C. 801(a)(1)(A), because this Notice
does not have an impact on any rules of
particular applicability.
SUPPLEMENTARY INFORMATION:
Subject: Reporting Requirements for
U.S. Providers of International
Telecommunications Services;
Amendment of Part 43 of the
Commission’s Rules, Second Report and
Order, FCC 13–6, published at 78 FR
15615, March 12, 2013, in IB Docket No.
04–112, and published pursuant to 47
CFR 1.429(e). See also 1.4(b)(1) of the
Commission’s rules.
Number of Petitions Filed: 1.
E:\FR\FM\01JYP1.SGM
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Agencies
[Federal Register Volume 78, Number 126 (Monday, July 1, 2013)]
[Proposed Rules]
[Pages 39200-39232]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15592]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 2
[ET Docket No. 13-115; RM-11341; FCC 13-65]
Federal Earth Stations--Non-Federal Fixed Satellite Service Space
Stations; Spectrum for Non-Federal Space Launch Operations
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This document proposes to make spectrum allocation proposals
for three different space related purposes. The Commission makes two
alternative proposals to modify the Allocation Table to provide
interference protection for Fixed-Satellite Service (FSS) and Mobile-
Satellite Service (MSS) earth stations operated by Federal agencies
under authorizations granted by the National Telecommunications and
Information Administration (NTIA) in certain frequency bands. The
Commission also proposes to amend a footnote to the Allocation Table to
permit a Federal MSS system to operate in the 399.9-400.05 MHz band;
also makes alternative proposals to modify the Allocation Table to
provide access to spectrum on an interference protected basis to
Commission licensees for use during the launch of launch vehicles (i.e.
rockets). The Commission also seeks comment broadly on the future
spectrum needs of the commercial space sector. The Commission expects
that, if adopted, these proposals would advance the commercial space
industry and the important role it will play in our nation's economy
and technological innovation now and in the future.
DATES: Comments must be filed on or before August 30, 2013, and reply
comments must be filed on or before September 30, 2013.
FOR FURTHER INFORMATION CONTACT: Nicholas Oros, Office of Engineering
and Technology, 202-418-0636,
[[Page 39201]]
Nicholas.oros@fcc.gov, TTY (202) 418-2989.
ADDRESSES: You may submit comments, identified by ET Docket No. 13-115,
RM-11341, by any of the following methods:
[ssquf] Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
[ssquf] Federal Communications Commission's Web site: https://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
[ssquf] Email: [Optional: Include the Email address only if you
plan to accept comments from the general public]. Include the docket
number(s) in the subject line of the message.
[ssquf] Mail: [Optional: Include the mailing address for paper,
disk or CD-ROM submissions needed/requested by your Bureau or Office.
Do not include the Office of the Secretary's mailing address here.]
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rule Making, ET Docket No. 13-115, FCC 13-65, adopted May
9, 2013, and released May 9, 2013. The full text of this document is
available for inspection and copying during normal business hours in
the FCC Reference Center (Room CY-A257), 445 12th Street SW.,
Washington, DC 20554. The complete text of this document also may be
purchased from the Commission's copy contractor, Best Copy and
Printing, Inc., 445 12th Street SW., Room, CY-B402, Washington, DC
20554. The full text may also be downloaded at: www.fcc.gov.
Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47
CFR 1.415, 1.419, interested parties may file comments and reply
comments on or before the dates indicated on the first page of this
document. Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS). See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998).
[ssquf] Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: https://fjallfoss.fcc.gov/ecfs2/.
[ssquf] Paper Filers: Parties who choose to file by paper must file
an original and one copy of each filing. If more than one docket or
rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.
[ssquf] All hand-delivered or messenger-delivered paper filings for
the Commission's Secretary must be delivered to FCC Headquarters at 445
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[ssquf] Commercial overnight mail (other than U.S. Postal Service
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[ssquf] U.S. Postal Service first-class, Express, and Priority mail
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People with Disabilities: To request materials in accessible
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files, audio format), send an email to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
Summary of the Notice of Proposed Rulemaking
1. The National Space Policy recognizes that ``[a] robust and
competitive commercial space sector is vital to continued progress in
space.'' In the Notice of Proposed Rulemaking (NPRM) the Commission
addresses the spectrum needs of two separate, but closely related
portions of the commercial space sector: the commercial communications
satellite industry and the commercial space launch industry. It is our
expectation that, if adopted, these proposals would advance the
commercial space industry and the important role it will play in our
nation's economy and technological innovation now and in the future.
2. To advance the goals of the National Space Policy, the
Commission presents two alternative proposals in the NPRM to provide
Federal earth stations that communicate with non-Federal Fixed-
Satellite Service (FSS) and Mobile-Satellite Service (MSS) space
stations interference protection identical to that afforded to non-
Federal earth stations communicating with the same FSS and MSS space
stations. Under the first proposal the Commission proposes to modify
the Allocation Table in Section 2.106 of the rules to add a Federal
allocation for the FSS bands, along with a footnote restricting Federal
use to earth stations communicating with non-Federal space stations. In
the second proposal it proposes to place a footnote in the Allocation
Table in the FSS bands that provides that Federal earth stations that
communicate with non-Federal FSS and MSS space stations would receive
interference protection identical to that afforded to non-Federal earth
stations communicating with the same FSS and MSS space stations.
3. The Commission also proposes in the NPRM to amend a footnote to
the Allocation Table to permit a Federal MSS system to operate in the
399.9-400.05 MHz MSS band. This action would allow traffic to be
migrated from Argos, the existing Federal MSS system, to a new Federal
satellite system, thereby resulting in less interference and improved
service and reliability for users of both the existing and new Federal
MSS systems. No Federal or non-Federal MSS systems have been deployed
in this band since it was allocated for MSS in 1993, and this proposed
Federal allocation will permit long-vacant spectrum to be put to an
important use.
4. Finally, in the NPRM the Commission proposes several
alternatives for providing spectrum for use during commercial space
launches, thereby providing launch vehicles with interference
protection. During launches, spectrum in the 420-430 MHz, 2200-2290
MHz, and 5650-5925 MHz bands is typically used to send a self-destruct
signal to the launch vehicle (if needed) and information from the
launch vehicle to controllers on ground, as well as to track the launch
vehicle by radar. Because these frequency bands are allocated only to
Federal use for these purposes, the Commission may not issue licenses
for these bands that provide interference protection to commercial
space launch operators. The Commission seeks comment on two possible
options to support commercial space launches by either adding a co-
primary non-Federal allocation to these bands or by providing an
Allocation Table footnote to allow non-Federal use of these bands to
provide commercial entities access to these important spectrum
resources. The Commission also seeks comment on ways to ensure the long
term sustainability of the commercial launch industry by exploring
other alternatives to use of these bands as more commercial
[[Page 39202]]
launches are conducted and more private spaceports are established.
A. Expanded Federal Use of the Non-Federal FSS and MSS Bands
5. In August 2006, the National Telecommunications and Information
Administration (NTIA) filed a petition requesting that the Commission
initiate a rulemaking to permit Federal earth stations that are
authorized by NTIA and that operate with non-Federal satellites to have
primary status in a number of frequency bands currently allocated for
non-Federal FSS and non-Federal MSS on a primary basis. Earth stations
authorized by NTIA must now operate on a non-interference basis.
Alternatively, Federal agencies may lease services from a licensee of
an FCC-authorized earth station to operate with interference
protection. NTIA requests that the Federal Table be modified to add a
primary FSS allocation along with a footnote that would restrict
primary Federal use of these bands to Federal earth stations accessing
non-Federal satellites. The NTIA petition outlines a means for Federal
agencies to deploy their own earth stations to overcome the
uncertainties associated with operating on a non-interference basis and
the limitations of leasing services through a third party operator.
Such a modification would turn certain exclusive non-Federal use
frequency bands into shared Federal/non-Federal spectrum, although use
of these bands by Federal agencies would be limited by the terms of the
footnote. The allocation and footnote that NTIA requests would mirror
an existing Federal allocation for a number of MSS bands. These MSS
bands have co-primary Federal and non-Federal allocations along with
footnote US319, which restricts Federal MSS earth stations in the bands
to operating with non-Federal space stations.
6. NTIA's petition identifies 13.275 gigahertz of spectrum in ten
frequency bands for which it seeks primary status. As background,
spectrum used for satellite communications is divided into different
frequency bands which are referred to with letter designations, such as
the C-band, Ku-band, or Ka-band. The spectrum which the NTIA petition
identifies falls into parts of four of these lettered satellite bands:
3.6-4.2 GHz and 5.85-6.725 GHz (in the C-band); 10.7-12.2 GHz, 12.7-
13.25 GHz, and 13.75-14.5 GHz (in the Ku-band); 18.3-19.3 GHz, 19.7-
20.2 GHz, and 27.5-30 GHz (in the Ka-band); and 37.5-39.5 GHz and 47.2-
50.2 GHz (in the V-band). The Commission notes that all of the bands
addressed in the NTIA petition are allocated for the FSS. In the FSS,
earth stations in stationary locations communicate with space stations
(i.e. satellites). In addition, a portion of the Ka-band from 19.7-20.2
GHz and 29.5-30.0 GHz is also allocated on a primary basis to the MSS
with MSS use for most of this spectrum restricted to satellite systems
that are also in the FSS. In the MSS mobile earth stations communicate
with space stations.
7. Comments received in response to NTIA's petition were generally
supportive but did express a number of specific reservations. For
example, the Satellite Industry Association (SIA) stated that non-
Federal commercial and experimental license applicants should not face
delays because of the need for the Commission to coordinate
applications with NTIA. The Fixed Wireless Communications Coalition
commented that Federal earth stations should be required to conduct
coordination with terrestrial stations sharing the same band prior to
applying for a license as is required for non-Federal earth station
applicants. SIA, Hispasat, and Lockheed Martin believe that Federal
earth stations should be subject to the Commission's technical and
enforcement rules, which is not normally the case for Federal agencies.
8. The Commission seeks comments generally on the benefits of
greater Federal use of commercial satellite networks. For example,
would Federal agencies increase their use of commercial satellite
networks to accomplish their missions with greater efficiency and
reduced costs while meeting the national policy objective requiring the
use of commercial satellite systems? Would increased Federal use of
commercial satellites serve to strengthen the commercial satellite
industry--a vital component of the economy and an important driver of
United States productivity?
9. The FSS has operated under a regulatory framework in which the
Commission establishes the technical and licensing rules for space
stations and earth stations operating as integrated systems, thereby
enabling many earth stations to be authorized and operate independently
of each other with little risk of interference even if they communicate
with the same space station. NTIA requests that Federal earth stations
it authorizes be allowed to operate with the same regulatory status as
non-Federal earth stations in the same frequency band. In order to
accomplish this objective, it requests a modification of the Federal
Table to include a co-primary FSS allocation in certain frequency bands
for Federal earth stations communicating with commercial satellites.
This allocation approach would increase uncertainty over who is the
regulator of the satellite systems that operate in these bands. NTIA
states that the Commission would not be required to consult with NTIA
or other Federal agencies regarding these bands any more than they
currently coordinate, NTIA would utilize the current FCC processes as
much as possible, and the current FCC process would remain as it is
today for non-Federal earth station applications.
10. Based on the Commission's experience in spectrum management in
conjunction with NTIA, and in consideration of the goals of the
National Space Policy as well as the comments it received in response
to the Public Notice that the Commission issued subsequent to receiving
NTIA's petition, the Commission recognizes that a policy guiding
Federal use of commercial satellite networks can be successful only if
it provides a clear method for establishing and enforcing operational
rights and responsibilities that can be applied consistently regardless
of whether the user is licensed by the Commission or authorized by
NTIA. The Commission has identified and seeks comment on the following
four key objectives, which it believe best express this intent:
To ensure parity between Federal and non-Federal earth
stations;
To provide certainty that the Commission retains
regulatory oversight of the satellite network and the FSS even though
the Commission would license non-Federal earth stations, and NTIA would
authorize Federal earth stations;
To ensure that the rules and procedures do not hinder the
Commission's rulemaking processes or delay the issuance of Commission
licenses and coordination in the affected bands; and
To establish procedures to ensure that both Federal and
non-Federal earth stations comply with the Commission's rules for
operating in the frequency bands.
11. The Commission seeks comment on the means by which it can
provide interference protection to Federal earth stations used to
access commercial satellite networks. First, the Commission addressed
the commercial satellite frequency bands where NTIA has requested that
it should place Federal earth stations on an equal footing with non-
Federal earth stations. The Commission then outlined two proposals for
providing Federal agencies with interference-protected access to these
frequency bands. The first proposal follows NTIA's suggested approach
by adding a co-primary Federal FSS and MSS allocation to the
[[Page 39203]]
Federal Table as well as a footnote that limits primary Federal use of
the bands to earth stations communicating with non-Federal satellites.
The second approach retains the existing non-Federal allocation
structure in those satellite bands, but adds a footnote to the U.S.
Table that recognizes the interference protection status for certain
Federal earth stations in communication with non-Federal space stations
12. The Commission proposes to modify the U.S. Table using one of
the approaches discussed to provide Federal earth stations interference
protection in the frequency bands proposed by NTIA, with the exception
of 3600-3700 MHz Band for which it tentatively concluded not to change
the Allocation Table because the Commission has recently initiated a
proceeding to make the band available for wireless broadband. The
Commission seeks comment generally on this proposal. It recognizes that
use of some of these bands for commercial satellite services has
evolved since the NTIA petition was filed, that Federal agency use of
the commercial satellite services may vary among the different
frequency bands, and that in some bands Federal access may not be
needed at all. The Commission thus seeks comment on whether Federal
access should be added for those frequency bands discussed that are
most likely to meet the needs of Federal earth station users.
13. In a number of the NTIA requested bands, the FSS shares
spectrum with terrestrial services. These include the C-band and the
extended Ku-band. In bands shared between terrestrial and satellite
users, coordination between terrestrial licensees and earth stations is
required to prevent interference. Should the complexity that this
coordination adds to licensing of earth stations in these bands affect
our decision to add a co-primary Federal allocation to these bands? In
addition, portions of the Ka-band and V-band have been designated for
terrestrial use. Should the Commission consider modifying the
Allocation Table to provide protection to Federal earth stations in the
portions of these bands designated for terrestrial services?
14. Allocation Approach: The Commission seeks comment on whether it
should amend the Federal Table to add a co-primary Federal FSS or MSS
allocation to the selected bands. Under this proposal (the ``allocation
approach''), the Commission would also add a footnote to the Federal
Table restricting primary use of Federal earth stations in these bands
to communication with non-Federal space stations. Under the allocation
approach, Federal agencies authorized by NTIA to operate earth stations
in these bands would have co-primary status with Commission-licensed
non-Federal earth stations. The allocation approach mirrors NTIA's
request.
15. Successful implementation of the allocation approach will
require agreement by NTIA and the Commission on coordination procedures
that Federal agencies would follow for authorizing Federal earth
stations. The Commission proposes that Federal users would follow a
process similar to that used by Commission applicants to obtain
approval to use earth stations in the FSS bands. This process is
especially important for preventing interference where the FSS shares
the band with terrestrial services, such as the C-band and extended Ku-
band. Interference between earth stations communicating with different
space stations is largely avoided because the Commission's rules
require that earth stations use directional antennas and that space
stations are separated by 2 degrees in the orbital arc. To avoid
interference between terrestrial stations and earth stations sharing
the same band, the Commission's rules rely on coordination between
operators of these stations prior to issuance of a license. The
Commission's rules require an applicant for an FSS earth station
license in bands shared with terrestrial services to conduct a
frequency coordination analysis prior to filing an application. This
frequency coordination analysis requires the applicant to perform an
interference analysis for each ``close by'' terrestrial station for
which a license or construction permit has been granted or an
application has been filed. The applicant must provide the interference
analysis and technical information about the earth station to each of
these terrestrial station licensees, permittees, or applicants. The
terrestrial station licensee, permittee, or applicant then responds to
the earth station applicant if it has an interference concern. The
parties may resolve potential interference by an agreement that is
filed with the application. Applicants for fixed point-to-point
microwave licenses in bands shared with the FSS must coordinate their
proposed links with nearby earth stations prior to filing their
applications using a similar process. In addition to the coordination
requirements for terrestrial stations, the Commission's rules also
impose coordination requirements on earth stations with antennas that
do not meet specified off-axis EIRP envelopes. These earth stations,
called non-conforming earth stations, must be coordinated with
satellites within a 6 degree orbital separation of the satellite the
earth station will be communicating with. A statement that this
coordination has been conducted must be included in the application for
the earth station.
16. The Commission proposes the following procedures to be agreed
iupon and followed by the Commission and NTIA to ensure parity between
Federal and non-Federal earth stations. The Federal agency would
request approval from NTIA to deploy and operate an earth station. In
bands shared with terrestrial users such as the C-band and extended Ku-
band, either NTIA or the Federal agency would coordinate with
terrestrial stations as required by the Commission's rules. For non-
conforming earth stations in any satellite band, either NTIA or the
Federal agency would coordinate the proposed earth stations with other
satellites as required by the Commission's rules. After such
coordination, NTIA would send the request to the Commission, providing
all technical information that would be provided by a non-Federal
applicant, such as station location and basic technical
characteristics. The Commission would process the request in the same
way as it would process applications for Commission licenses. The
Commission would place the request on public notice. Following the
public notice period, if the Commission determines that the request
meets all technical criteria for licensing (i.e., that the application
would be granted if it were submitted by a non-Federal entity), the
Commission would notify NTIA and make an entry in the Commission's
database indicating the technical characteristics of the station and
its protected status. The Commission's database entries will facilitate
future coordination with terrestrial operations sharing the satellite
bands. In bands where there are no terrestrial stations or where the
earth stations are conforming, there will be no need to coordinate the
earth station application prior to NTIA filing a request with the FCC.
In that case, NTIA would file a request with the FCC providing all
technical information that would be provided by a non-Federal
applicant, such as station location and basic technical
characteristics. The Commission would place the request on public
notice. Following the public notice period, if the Commission
determines that the request meets all technical criteria, the
Commission would notify NTIA and make an entry in the Commission's
database indicating the technical
[[Page 39204]]
characteristics of the station and its protected status. The Commission
seeks comment on these coordination procedures. Because it is proposing
that Federal agencies would follow the same technical requirements and
procedures as Commission licensees in obtaining authorization to
operate earth stations, the Commission believes there would be no
negative effect on emergency response communications. The Commission
seeks comment on this proposal.
17. Under the proposed allocation approach, these FSS bands would
be shared Federal/non-Federal FSS bands. Under existing coordination
procedures the Commission routinely coordinates license applications
for bands shared with Federal stations with NTIA. The Commission
believes that the addition of the Federal earth stations should not
require any additional coordination procedures for non-Federal
applicants. Accordingly, the Commission proposes that applications for
Commission licenses using frequencies currently allocated for exclusive
non-Federal use not be coordinated with NTIA. To enable protection of
government FSS earth station operations in these new bands, the
Commission proposes that the Federal agencies or NTIA monitor
Commission public notices regarding filed earth station applications to
determine whether proposed non-Federal terrestrial stations raise any
interference concerns to existing Federal earth stations. If a proposed
non-Federal station will cause interference to an existing Federal
earth station, NTIA could file an opposition to the earth station
application in accordance with established Commission procedure. The
Commission will consider any such opposition in the same manner as
oppositions filed by other parties. The Commission seeks comment on
these proposals, as well as any other considerations that may impact
the process currently used by FCC and NTIA for frequency coordination.
For parties proposing additional coordination approaches, the
Commission ask that they also include an analysis on timing and cost of
such an approach.
18. Under our existing procedures under the MOU, the Commission and
NTIA coordinate proposed actions that could potentially cause
interference to Federal operations, including changes to our technical
or service rules in shared Federal/non-Federal bands. The Commission's
ex parte rules generally exempt presentations by NTIA in matters over
which NTIA and the Commission share jurisdiction. Thus, Federal
agencies may be afforded an opportunity to participate, through NTIA,
in rulemakings in a manner unavailable to non-Federal licensees. The
Commission invites comment on how it might continue to protect against
harmful interference to or from Federal earth station operations in a
manner that is consistent with the coordination practice as set forth
in the MOU, while at the same time ensuring transparency, fairness, and
integrity in the Commission's decision making process.
19. The Commission believes that under an allocation approach, it
would need to include in the footnote that we propose to add to the
Federal Table a requirement that Federal earth stations in these bands
comply with part 25 of the Commission's rules. Are there other ways
that the Commission could ensure that Federal agencies exercise only
the same rights and obligations that are afforded similarly situated
non-Federal entities? For example, if Federal agencies are not required
to follow the Commission's technical rules, including coordination
procedures, what rules should they follow? The Commission also seeks
comment on how to treat Federal agencies operating under a direct
allocation but that are not in compliance with the footnote. If
interference occurs between Federal earth stations and non-Federal
stations, how should it be resolved?
20. The Commission's part 25 rules permit operation of Vehicle
Mounted Earth Stations (VMES), Earth Stations on Vessels (ESV), and
Earth Stations Aboard Aircraft (ESAA) in a number of FSS bands. VMES,
ESV, and ESAA may have either primary or secondary status depending on
the particular FSS band or on whether the ESV or VMES is in motion. The
Commission notes that under the allocation approach NTIA would be able
to authorize Federal agencies to operate VMES, ESV, and ESAA in the
bands to which we are adding a Federal FSS allocation to the same
extent and with the same restrictions as Commission licensees. Federal
agencies would be expected to comply with all of the part 25 rules
pertaining to VMES, ESV, and ESAA and with the footnotes to the
Allocation Table regarding VMES, ESV, and ESAA. The Commission seeks
comment on this proposal.
21. Under the allocation approach, the Commission proposes to amend
the Federal Table by adding the following primary allocations: (1)
``FIXED-SATELLITE (space-to-Earth)'' to the 3700-4200 MHz, 10.7-12.2
GHz, and 37.5-39.5 GHz bands; (2) ``FIXED-SATELLITE (Earth-to-space)''
to the 5850-6725 MHz, 12.7-13.25 GHz, 13.75-14.5 GHz, 27.5-30 GHz, and
47.2-48.2 GHz bands; (3) ``MOBILE-SATELLITE (space-to-Earth)'' to the
19.7-20.2 GHz band; and (4) ``MOBILE-SATELLITE (Earth-to-space)'' to
the 29.5-30 GHz band. It also proposes to add new footnote US107 to the
Allocation Table that would restrict Federal stations in the FSS to
earth stations operating with non-Federal space stations in these ten
frequency bands, with the exception of Federal earth stations in three
locations that operate in the 18.3-19.3 GHz and 19.7-20.2 GHz bands. In
addition, the Commission proposes to amend US319 by adding the 19.7-
20.2 GHz (space-to-Earth) and 29.5-30 GHz (Earth-to-space) bands,
thereby restricting Federal MSS stations in those bands to earth
stations operating with non-Federal space stations. It also takes this
opportunity to propose to revise the text of US319 so that it parallels
the text of proposed footnote US107 and to renumber footnote US319 in
frequency order as footnote US46. The Commission seeks comment on these
proposals.
22. Further, if the Commission adopts the allocation approach, it
proposes to reclassify all non-Federal footnotes that apply to the non-
Federal FSS allocations in the proposed frequency bands (NG52, NG53,
NG54, NG55, NG143, NG164, NG165, NG166, NG180, NG181, NG183, NG185,
NG187) as U.S. footnotes. In particular, the Commission notes that
seven of these non-Federal footnotes (NG52, NG54, NG55, NG180, NG181,
NG183, NG187) authorize mobile applications (i.e., ESV, VMES, and ESAA)
in the fixed-satellite service. The Commission seeks comment on this
proposal.
23. Finally, the Commission proposes to add all international and
U.S. footnotes that apply to the non-Federal FSS and MSS allocations in
the requested bands to the Federal Table. It request comment on this
proposal.
24. In seeking comment on our proposal to add a primary Federal
allocation to the Allocation Table for these satellite bands, the
Commission urges commenters to discuss how implementation of the
allocation approach can satisfy the four key objectives that it has
defined. The Commission likewise seeks comment on the process it
proposes for Federal users to obtain approval to operate earth stations
in these satellite bands. Can the allocation approach sufficiently
protect the interests of non-Federal licensees in both the FSS and
other services operating in these bands? Would the approach provide the
flexibility needed for Federal users to effectively make use of the
commercial satellite services? Are there additional steps we should
take to
[[Page 39205]]
ensure that non-Federal users are protected from harmful interference
from Federal earth stations? How could NTIA's ``treat the same''
request be most effectively realized and how could the concerns that
commenters have raised regarding NTIA's petition be addressed? The
Commission also seeks comment on the costs and benefits of the
allocation approach.
25. Interference Protection Approach: Under our second proposal the
Commission would add the following U.S. footnote to both the Federal
Table and non-Federal Table for each of the FSS bands included in
NTIA's petition:
USxxx The following provisions shall apply to Federal earth
stations that operate with non-Federal space stations in the fixed-
satellite service (FSS), and in the bands 19.7-20.2 GHz and 29.5-30
GHz, the mobile-satellite service (MSS), in accordance with the
Commission's rules and regulations (see in particular the technical
requirements of 47 CFR part 25) and that are authorized by NTIA:
(a) Federal earth stations that receive signals in the bands
3700-4200 MHz, 10.7-12.2 GHz, and 37.5-39.5 GHz can claim protection
from harmful interference from non-Federal stations to which these
frequencies are assigned at a later date even though there are no
Federal FSS or MSS allocations in these bands.
(b) Federal earth stations that receive signals in the bands
18.3-19.3 GHz and 19.7-20.2 GHz from non-Federal space stations in
the FSS can claim protection from harmful interference from non-
Federal stations to which these frequencies are assigned at a later
date.
(c) Non-Federal stations cannot claim protection from harmful
interference from Federal earth stations to which frequencies in the
bands 5850-6725 MHz, 12.7-13.25 GHz, 13.75-14.5 GHz, 27.5-30 GHz,
and 47.2-48.2 GHz have previously been assigned even though there
are no Federal FSS or MSS allocations in these bands.
(d) Mobile applications in the non-Federal FSS. Federal Earth
Stations on Vessels (ESVs), Vehicle Mounted Earth Stations (VMES),
and Earth Stations Aboard Aircraft (ESAA) may also operate in
accordance with footnotes NG52, NG54, NG55, NG180, NG181, NG183,
NG187, and US133.
26. Under this proposal the Commission would not place Federal FSS
and MSS allocations in the Federal Table as shown in Appendix A of the
NPRM. The footnote it proposes to add to the Table of Allocations under
this approach (the ``interference protection approach'') would permit
Federal earth stations in communication with non-Federal space stations
to receive interference protection equivalent to that afforded non-
Federal earth stations in the commercial satellite bands requested by
NTIA. In addition to restricting Federal earth stations to operating
with non-Federal satellites as the allocation approach does, this
footnote would provide interference protection to the Federal earth
stations under the condition that they comply with the Commission's
technical rules. Under the interference protection approach the bands
will not contain a Federal FSS or MSS allocation in the Federal Table
and would not be considered shared Federal/non-Federal bands. Federal
agencies authorized by NTIA to operate earth stations in these bands
would operate on the same basis as Commission-licensed non-Federal
earth stations, so long as the Federal agency's operations are
consistent with part 25 of the Commission's rules. Federal agencies
would, for example, have interference protection against later-entering
FCC licensees that they do not currently enjoy. The interference
protection approach would entail coordination procedures similar to
those proposed under the allocation approach but, under either
approach, the Commission seeks to ensure parity in the context of
future rulemaking proceedings affecting these bands. It seeks comment
on those aspects of the proposed approaches.
27. As with the allocation approach described, successful
implementation of the interference protection approach will require
agreement by NTIA and the Commission on coordination procedures that
Federal agencies would follow for authorizing Federal earth stations.
The Commission seeks comment on whether the process described with
regard to the allocation approach should be followed for Federal
agencies to obtain approval to use an earth station in these bands.
This process would require Federal agencies to request approval from
NTIA to set up an earth station, NTIA or the Federal agency to
coordinate the earth station in bands shared with terrestrial users and
for non-conforming earth stations, NTIA to send the request to the
Commission, and the Commission to place the request on public notice.
The Commission seeks comment on the use of these procedures in
association with the interference protection approach.
28. While the Commission recognizes that the interference
protection approach differs from the plan suggested in the NTIA
petition, it also believes that it will meet the objective of the NTIA
petition--to provide interference protection to Federal earth stations
and to place Federal earth stations on an equal footing with earth
stations licensed by the Commission. Moreover, the Commission believes
that the interference protection approach is well suited to meeting the
four objectives it believes are necessary for the success of any policy
guiding Federal use of commercial satellite networks and we seek
comment on this tentative conclusion.
29. Because Federal and non-Federal earth station operators will be
communicating with the same Commission-approved space stations, the
Commission seeks to ensure parity between Federal and non-Federal earth
stations. The technical and coordination requirements contained in part
25 of the Commission's rules are designed to prevent interference
between users of the satellite bands and should apply to all earth
station users, both Federal and non-Federal. To facilitate the
harmonious sharing of the bands among all users, the proposed footnote
explicitly conditions protected operation of Federal earth stations in
these bands on the earth stations complying with part 25 of the
Commission's rules. The Commission seeks comment on this approach.
30. Under the interference protection approach, no Federal
allocation would be added to the satellite bands, and thus those
satellite frequency bands that are currently exclusively non-Federal
would not become shared Federal/non-Federal spectrum. Because the
Federal and non-Federal earth stations both communicate with the same
commercial satellites, it is important that the satellite network as a
whole remain under the Commission's oversight, even when the authority
to operate the Federal and non-Federal earth stations is granted by
different entities. This approach would continue to ensure the
effective regulation by the Commission of the space and earth segments
provided by commercial space stations. The Commission seeks comment on
this view.
31. As discussed, under our ex parte rules, presentations by NTIA
are normally exempt from ex parte restrictions in matters involving
shared jurisdiction. Unlike other parties, NTIA is able to make
presentations to the Commission in its role as a co-regulator without
disclosing the content of the presentations on the record at the time
it makes each presentation. Even when the Commission makes NTIA
materials public, other parties may not have the opportunity to respond
to the presentation's content prior to adoption of the Commission's
rulemaking action unless NTIA submits the information into the record
beforehand. If the Commission adopts the interference protection
approach it would not add a Federal allocation to these bands, but
Federal agencies would be on an equal footing with non-Federal users.
To ensure this parity in the context of
[[Page 39206]]
rulemaking proceedings affecting these bands, the Commission seeks
comment on whether the exemption from ex parte disclosure requirements
should apply to any presentations made by NTIA on behalf of Federal
agencies using or seeking to use earth stations under our proposed
rules herein.
32. The interference protection approach would avoid subjecting
non-Federal earth station applicants to new licensing procedures, such
as additional approval and coordination requirements. As discussed,
license applications in bands shared with Federal users are, in
general, coordinated with NTIA. Under the interference protection
approach, the satellite bands that are exclusively non-Federal would
not acquire a Federal allocation and therefore will not become shared
Federal/non-Federal bands. As a result, the Commission proposes not to
coordinate license applications with NTIA in these bands. Rather, it
proposes that Federal earth stations listed in the Commission's
publicly-available database will be protected from interference in the
same manner as non-Federal stations. The Commission seeks comment on
this approach.
33. There are a number of bands allocated for the FSS included in
the NTIA petition that have Federal allocations. For example, the
13.75-14 GHz portion of the extended Ku-band is shared with Federal
radars and NASA's Tracking and Data Relay Satellite System. The Ka-band
downlink has a Federal co-primary FSS allocation that is restricted to
use at three earth station locations. The 48.2-50.2 GHz portion of the
V-band has a primary Federal FSS allocation. The Commission is not
proposing under the interference protection approach to change the
application of the coordination process with NTIA with regard to these
and other shared bands with Federal and non-Federal allocations.
34. The Commission believes that the interference protection
approach can provide assurance that the Commission's rules and
practices will be applied in a consistent manner regardless of whether
the applicant is a Federal agency or a non-Federal entity that owns and
operates the earth station communicating with a non-Federal space
station. Our proposed footnote would condition protected operation of
Federal earth stations in these bands on conformance with part 25 of
the Commission's rules. If a Federal agency obtains approval from NTIA
to operate an earth station in these bands and the earth station does
not operate in conformance with our rules, the Commission would remove
it from our database. These non-compliant stations would operate on a
non-interference basis and would have to accept any interference from
non-Federal stations--just as is the case today. This will provide an
incentive for Federal earth stations to comply with the Commission's
rules to mitigate the interference potential to both Federal and non-
Federal stations. The Commission seeks comment on additional actions
the Commission can take to provide assurance that Federal agencies will
comply with the Commission's rules when using earth stations in these
bands.
35. As mentioned, the Commission's part 25 rules permit operation
of VMES, ESV, and ESAA in a number of FSS bands. The footnote it
proposes under the interference protection approach would allow Federal
agencies to operate VMES, ESV, and ESAA on an interference protected
basis to the same extent as non-Federal licensees. Federal agencies
would be expected to comply with all of the part 25 rules pertaining to
VMES, ESV and ESAA and with the footnotes to the Allocation Table
regarding VMES, ESV, and ESAA. The Commission seeks comment on this
proposal.
36. The Commission seeks comment on the costs and benefits of the
interference protection approach. Do commenters agree with our
observation that this interference protection approach would satisfy
the four key objectives we believe are necessary to the establishment
of a successful policy guiding Federal use of commercial satellite
networks? Would this approach meet the needs of Federal users for
protected access to the commercial satellite bands? The Commission
likewise seeks comment on the process it proposes for Federal users to
obtain approval to operate earth stations in these satellite bands.
Would the process sufficiently protect the interest of non-Federal
licensees in both the FSS and other services operating in these bands?
Would the process provide the flexibility needed for Federal users to
effectively make use of the commercial satellite services? Should the
Commission take additional steps to ensure that non-Federal users are
protected from harmful interference from Federal earth stations? Are
there economic costs associated with the interference protection
approach which should be considered?
B. Federal Space Stations in 399.9-400.05 MHz MSS Band
37. NTIA has requested that the Commission modify footnote US319 of
the Allocation Table to allow Federal space stations (i.e. satellites)
to operate in the 399.9-400.05 MHz band. This band is allocated to the
MSS and the Radionavigation-Satellite Service on a primary basis in
both the Federal and non-Federal Table. US319 prevents Federal space
stations from operating in this band even though there is a co-primary
Federal MSS allocation. NTIA requests that the footnote be modified to
delete the 399.9-400.05 MHz band thereby allowing Federal satellites to
operate in this band. According to NTIA, the allocation change will
allow some applications to be shifted from the Argos satellite system
operated by the National Oceanic and Atmospheric Administration (NOAA)
to the 399.9-400.05 MHz band. NTIA claims that this will result in
lower interference, higher capacity, and improved reliability and
service for both the applications that continue to use Argos as well as
the applications on the new satellite network to be deployed in the
399.9-400.05 MHz spectrum. There currently are no Commission licensees
or applicants for this band.
38. The Commission proposes to modify US319 and to renumber this
footnote in frequency order as US46. No MSS systems have been deployed
or authorized in the 399.9-400.05 MHz band since the allocation was
made almost twenty years ago and there are no pending applications or
other proposed uses for this band. Given that the band has only a 150
kilohertz bandwidth, the band is not suitable for mobile broadband or
most other applications. Rather than have the band lie fallow, the
Commission tentatively concludes that the public interest is best
served by allowing a Federal satellite system to be operated in this
band so that the spectrum does not lay fallow. The Commission seeks
comment on this proposal.
39. The Commission seeks comment on the cost and benefits of making
this amendment to US319. While no MSS systems currently operate in the
399.9-400.05 MHz band, other parties may have interest in operating
satellite systems in this band in the future. Given this possibility,
the Commission seeks comment on whether operation of a Federal MSS
system in this band would preclude operation of non-Federal MSS systems
in the band in the future. It also recognizes that interference may
occur from a Federal MSS system operating in 399.9-400.05 MHz to other
nearby frequency bands. The 400.15-401 MHz band is also allocated for
MSS while the 335.4-399.9 MHz band has a Federal fixed and mobile
allocation. NTIA would be responsible for ensuring that any new Federal
space stations
[[Page 39207]]
authorized in the 399.9-400.05 MHz band will not cause harmful
interference to Federal systems operating in Federal allocations. The
Commission seeks comment on whether a Federal MSS system operating in
the 399.9-400.05 MHz band would cause harmful interference to systems
operating in frequency bands allocated for use by non-Federal systems
and, if so, what mitigation techniques are possible.
C. Spectrum Access for Commercial Space Operators
40. Three frequency bands are commonly used by Federal agencies for
communications with and tracking of space launch vehicles: 420-430 MHz,
2200-2290 MHz, and 5650-5925 MHz. These bands currently have Federal,
but no non-Federal, allocations supporting launches. Non-Federal use of
these bands has been possible by granting Special Temporary
Authorizations (STAs) for use of these bands when launches occur at
Federal facilities. In this NPRM the Commission broadly seeks comment
on the spectrum requirements to support development of the commercial
launch sector. It is noted that the Commission has long regulated
communication involving satellites. For purposes of this portion of the
NPRM, however, our scope is limited to spectrum used during launches.
41. The Commission could take a number of different regulatory
approaches to address the spectrum requirements of the commercial space
sector. For example, it could modify the Allocation Table to include a
non-Federal co-primary allocation for the 2200-2290 MHz and 5650-5925
MHz bands with a footnote providing for coordination with Federal
operations in these bands for communications and tracking during
launches. Alternatively, it could add a footnote to the Allocation
Table to allow non-Federal use of certain Federal bands when supporting
Federal launch missions or when conducting launches from Federal
facilities. The Commission could also look to the 2360-2395 MHz band to
satisfy the commercial launch sector spectrum requirements as this
spectrum is currently shared on a co-equal basis for Federal and non-
Federal aeronautical mobile telemetry uses. It seeks comment on the
relative merits of each of these approaches. It also seeks comment on
whether a non-Federal allocation in the 420-430 MHz band is necessary
to support commercial launches. The Commission believes this action is
necessary to support the forecasted increase in the number of
commercial launches in the future. It seeks comment on these views.
42. Anticipating the need for non-Federal spectrum for
communications for commercial launches, the Commission in 1990 set
aside spectrum in the 2310-2390 MHz band for telemetry and telecommand
use during commercial launches. In the intervening years the Commission
has not authorized use of this spectrum for launches. Instead,
commercial launches in the United States have continued to rely on
Federal spectrum authorized by NTIA.
43. Recently, two launch vehicle manufacturers have applied to the
Commission for access to Federal spectrum during commercial launches.
The Commission is able to grant special temporary authority (STA) under
the part 5 experimental licensing rules to commercial entities to
operate in these Federal bands on a non-interference basis for a
maximum of six months. This means that the experimental STA grantees
are not allowed to cause interference to and must accept interference
from Federal users of the band that are operating with authorizations.
Because these bands have a Federal allocation, the Commission
coordinates these experimental STAs with NTIA. Once these STAs have
been coordinated with NTIA, the potential for interference to or from
Federal systems to commercial launch operations is minimized.
44. Given the expected increase in commercial space flights, the
continued use of experimental STAs for the radio spectrum needed for
launches may create uncertainty. Because there is no non-Federal
allocation allowing the use of these frequencies, each request to
operate on these frequencies must be evaluated on a case-by-case basis,
with no guarantee that one can be granted for any given launch. Given
that a single launch can cost millions of dollars, commercial launch
providers should not have to assume the risk that launches may have to
be postponed or cancelled if an experimental STA is not timely granted.
Even if an experimental STA is granted, the grantee must contend with
the uncertainty of non-interference status. Communications links that
operate on a non-interference basis are not likely to be acceptable
from a safety standpoint for future manned spaceflights. The
experimental STA process also increases the burden on commercial launch
providers' time and expense, since each is evaluated on a case by case
basis. Allocation status for commercial launch providers would enable
the Commission to develop service rules for issuing authorizations
using well-defined application and coordination processes. The
Commission seeks comment on these tentative conclusions as well as the
cost to the space launch industry of not having a non-Federal
allocation in these bands. Consequently, it is proposing, and seeking
comment, on adding non-Federal allocations to these three bands to
allow Commission licensees to operate in these bands on an interference
protected basis. The Commission seeks comment on possible approaches it
could take to provide non-Federal entities with interference protection
in these bands, such as adding a non-Federal allocation to the bands or
the addition of a footnote to the Allocation Table that provides non-
Federal entities with interference protection. The Commission notes
that even these approaches require coordination with the Federal
incumbents in the band.
45. The Commission recognizes that identifying the non-Federal
spectrum needs associated with launch of a launch vehicle necessarily
raises larger questions about the respective roles of the FCC and NTIA
in future launch scenarios. At the most basic level, whether access to
spectrum for use during a launch requires authorization from NTIA or a
license from the Commission will depend on whether the radio
transmitters belong to and are operated by the U.S. government. Making
this determination is not always straightforward. As a practical
matter, all launch vehicles launched in the past several decades have
been built with substantial private company involvement. All regular
commercial launches within the United States have been conducted from
launch facilities owned by the Federal Government. Payloads launched
from Federal launch facilities have included commercial communications
satellites and satellites owned and operated by Federal agencies such
as the Department of Defense and NOAA. Because multiple satellites can
be launched into space on a single launch vehicle, both government and
non-government payloads have been included on the same launch. There
have also been several instances of Federal Government-owned equipment
or sensors on commercial communications satellites. Given that Federal
agencies are required to use commercial space services where possible,
the Commission believes that there will be increasing Federal reliance
on non-Federal operations.
46. The Commission seeks comment on how to determine whether a
given launch is non-Federal or Federal for purposes of licensing
spectrum for use
[[Page 39208]]
during a launch. According to the Communications Act, the Commission
has authority to license radio stations except those ``belonging to and
operated by the United States.'' Spectrum use by radio equipment
belonging to or operated by Federal agencies is authorized by NTIA
instead of licensed by the Commission. How easy or difficult has it
been in practice to determine whether use of spectrum during launches
should be licensed by the Commission or authorized by NTIA? How should
factors such as the nature of the payload, the location of the launch,
the provider of the launch vehicle, and whether the FAA classifies the
launch as commercial be taken into account in making this
determination?
47. Making non-governmental allocations within the 420-430 MHz,
2200-2290 MHz, and 5650-5925 MHz bands would be a first step to issuing
licenses to commercial operators for use during launches. After the
allocations are adopted, the Commission would have to open a proceeding
to create service rules for non-Federal launches. It recognizes the
critical nature of some of the Federal operations performed using these
frequency bands, and realized that service rules would have to be
carefully crafted to ensure that the commercial space launch operations
do not interfere with the important Federal operations in these bands,
particularly as the commercial launch sector expands. Accordingly, any
service rules would be developed in close coordination with NTIA and
the Department of Defense to assure the continued certainty that this
spectrum remains available for priority use by critical systems. The
FCC is committed to ensuring that our rules would require technical
specifications, eligibility requirements, and coordination procedures
necessary to preserve the nation's defense capabilities. Adoption of
these service rules will allow the Commission to issue licenses to
commercial launch operators for spectrum for use during launches
without the uncertainty of operating on a non-interference basis.
Because the bands would be shared Federal/non-Federal bands, use of
spectrum for commercial space launches would be coordinated with the
NTIA. In the short term, because the commercial launches will occur at
relatively few locations and will not be an everyday occurrence, we
believe that service rules and coordination procedures can be adopted
that will prevent harmful interference from occurring to the Federal
services in these bands or the commercial launch operators. In adopting
service and licensing rules for these bands we must make sure that
Federal operations are protected. The Commission seeks comment on these
assumptions. Furthermore, it seeks comment on whether the existing
Federal bands are able to sustain the anticipated growth of the
commercial launch sector. Are there alternatives to use of these bands
that may satisfy the commercial launch requirements?
48. What would be the costs and benefits of providing non-
governmental access within the 420-430 MHz, 2200-2290 MHz, and 5650-
5925 MHz bands? Would having access to portions of these bands meet the
needs of commercial launch operators? What costs would be imposed on
Federal agencies to coordinate use of the spectrum with commercial
launch operators? Would having access to portions of these bands allow
commercial launch operators to incur lower development costs because
they will be able to use the same communications systems for both
Federal and non-Federal launches? How would the costs and benefits of
having access to portions of these bands compare with other spectrum
bands that could be used instead of these bands? How can we best ensure
that the anticipated growth of the commercial launch industry is
sustained in the longer term?
49. The 420-430 MHz band is used to transmit a self-destruct signal
from ground controllers to a launch vehicle during launch. This signal
causes the launch vehicle to self-destruct if it goes off course and
would pose a danger to a populated area. For safety reasons this
communications link must be extremely reliable. NTIA has authorized a
number of frequencies throughout the 420-430 MHz band for self-destruct
signals at different Federal launch facilities.
50. Because the only non-Federal allocation for the 420-430 MHz
band is for secondary amateur operations, the Commission cannot issue
licenses that provide interference protection to commercial entities to
use this band for self-destruct signals during launches. Commercial
entities have not requested experimental STAs or licenses from the
Commission for self-destruct signals in the 420-430 MHz band to date.
In this regard, the Commission seeks comment on the requirements
associated with command and destruct communications for commercial
launch vehicles and whether access to the 420-430 MHz band is
necessary. The commercial launch vehicle has only a receiver for the
self-destruct signal and therefore does not require a license to
transmit. If the self-destruct signal is being transmitted from a
government owned facility using equipment under the control of Federal
Government employees, no license from the Commission would be required.
Instead, an authorization from NTIA would be needed.
51. The Commission seeks comment on whether it should make a co-
primary non-Federal aeronautical mobile allocation for the 420-430 MHz
band for use for self-destruct signals during commercial launches. In
addition, it seeks comment on whether we should add a footnote to the
Allocation Table restricting use of this non-Federal allocation to
self-destruct signals during launches. Given that no one has requested
an experimental STA from the Commission for this band for self-destruct
signals, is there a need for access to the 420-430 MHz band for self-
destruct signals and would the current STA process be sufficient to
satisfy this need? As private spaceports are developed, use of Federal
authorizations for this purpose may no longer be sufficient. Even when
launches are conducted from Federal facilities, commercial entities
conducting launches may want to use their own equipment for the self-
destruct communications link and therefore would need a license from
the Commission. Given the necessity of a reliable self-destruct
communications link for the safety of the public, the use of a non-
interference basis experimental STA would be problematic. The
Commission acknowledges that use of this band for non-Federal space
activities will require coordination with NTIA and Federal users of the
band. The Commission proposes that any non-Federal use of the
allocation should be limited to commercial launch activities. It seeks
comment on this proposal as well as alternative bands that may be used
for this purpose by the commercial launch sector.
52. The 2200-2290 MHz band is used for launch telemetry--i.e. the
sending of information from the launch vehicle to ground controllers
during the launch. The Commission proposes two alternative approaches
that would provide commercial launch operators access to spectrum in
the 2200-2290 MHz band for launch telemetry. As a first alternative, it
proposes to add a footnote to the Allocation Table providing primary
non-Federal space operation service allocations to portions of the
2200-2290 MHz band for launch telemetry. This footnote would require
successful coordination of the assignment and use of the band for space
launches with NTIA, would restrict non-Federal use of the band to
[[Page 39209]]
pre-launch testing and to use at Federal ranges, would limit non-
Federal use of the band to the 2207-2219 MHz, 2270.5-2274.5 MHz, and
2285-2290 MHz portions of the band, and would limit non-Federal use of
the band to channels with bandwidth of less than 5 MHz based on our
understanding of current usage. As a second alternative the Commission
proposes to amend the Allocation Table to add a non-Federal Space
Operations allocation to the 2200-2290 MHz band. This allocation would
be accompanied by a footnote to the Allocation Table with the same
restrictions specified in the footnote proposed in the first
alternative. The Commission seeks comment on these two alternative
proposals. Which alternative would be better suited to meeting our goal
of providing access to spectrum during launches for launch telemetry?
53. Because the 2200-2290 MHz band has no non-Federal allocation,
the Commission does not license frequencies except on a non-
interference basis. The primary Federal space operation service
allocation enables NTIA to assign frequencies in the 2200-2290 MHz band
to Federal agencies for telemetry during launches.
54. The 2200-2290 MHz band is heavily used by Federal agencies. The
Commission seeks comment on whether there is sufficient spectrum
available in this band for use during commercial launches, and, in
particular, whether the use of this band could sustain the anticipated
growth of the commercial launch sector. Using the same frequencies for
Federal and non-Federal launches has distinct advantages for the
commercial space industry. The equipment used for communications during
launches has been developed and is reliable. Launch communications have
successfully shared this band with the other services present for
numerous launches through coordination of the various operations. Many
commercial launches will occur from facilities co-located with Federal
launch sites such as Cape Canaveral or Vandenberg Air Force Base where
this sharing has been accomplished. In the future, the same companies
will likely conduct launches for both Federal agencies and private
entities and eventually likely transition to commercial space ports
that are completely independent of Federal operations. The Commission
seeks comment on whether requiring industry to have the capability to
conduct communications in different bands depending on whether the
launch is considered Federal or non-Federal would place an expensive
burden on these companies. Providing access to spectrum that can
sustain the short and long term needs of the commercial launch industry
is in accordance with the policy of the United States government to
develop a vibrant commercial space industry.
55. In both of the alternative proposals the Commission proposes
that non-Federal use of the bands for space launches be limited to the
2207-2219 MHz, 2270.5-2274.5 MHz, and 2285-2290 MHz portions of the
band. It has proposed this limitation based on our understanding of
current usage. The Commission seeks comment on limiting non-Federal use
to these portions of the band for space launches. Can limiting non-
Federal use to this portion of the band support the expected growth of
the commercial launch industry? It has also proposed to limit non-
Federal use of these bands to communication channels with bandwidths of
less than 5 megahertz based on our understanding of current usage. The
Commission seeks comment on this limitation. In addition, it has
proposed to limit non-Federal use of this band for space launches to
pre-launch testing and for launches conducted at Federal ranges. The
Commission proposes this restriction to limit the potential for
interference to Federal operations to a few locations. As the
commercial space ports are established that are independent of Federal
operations would this restriction unduly limit the future growth of the
commercial space launch industry?
56. As mentioned, in 1990 the Commission made six frequencies in
the 2310-2390 MHz band available for both Federal and non-Federal use
for telemetry and telecommand of launch and reentry vehicles. The
Commission later reduced these to three frequencies in the 2360-2395
MHz band. The 2360-2395 MHz band is primarily used for aeronautical
telemetry and telecommand operations for flight testing of aircraft and
missiles. The Commission seeks comment generally on the use of these
frequencies as an alternative to the heavily used 2200-2290 MHz band
for communications during launches. In the time since the Commission
made this spectrum available for launch telemetry, the intensity of use
of this band for aeronautical telemetry for flight testing may have
significantly changed. Does the current and expected future use of the
2360-2395 MHz band for aeronautical telemetry for flight testing make
it unsuitable for communications associated with launch activity? What
are the impediments to use of this band for commercial launches in the
future? What are the spectrum requirements of the commercial launch
sector in the short and long term and are the available frequencies in
this band sufficient to meet, at least in part, these requirements?
Because the number of frequencies available for launch vehicle
telemetry and telecommand has been halved, would the needed data
capacity be available for telemetry and telecommand during commercial
launches? Should the Commission make the entire 2360-2395 MHz band
available for telemetry and telecommand during commercial launches?
Will the development of communications equipment for use on launch
vehicles for this band place a significant economic burden on the
commercial space industry? Prior to the Commission making frequencies
in the 2310-2395 MHz band available for space launch telemetry, several
commenters stated that it would be more cost efficient to use the same
frequencies for both Federal and non-Federal launches and that the band
should not be used until all Federal launch facilities had transitioned
to the band. The Commission seeks comment on whether these concerns are
still valid. Are there other reasons why the 2360-2395 MHz band is not
a viable alternative to the 2200-2290 MHz band for telemetry during
launches?
57. Looking beyond the 2360-2395 MHz band, the Commission seeks
comment on alternatives to the use of the 2200-2290 MHz band for launch
communications. It realizes that as the demand for spectrum increases,
finding spectrum for new applications has become more difficult. That
is especially the case for an application such as the space operation
service, which involves transmitting high powered signals from high
altitudes that may result in interference over a large area. Because
these communications will take place from space, must the spectrum used
be internationally allocated to the space operation service (space-to-
Earth)? There is meager spectrum allocated for this purpose. Assuming
that another suitable frequency band could be identified, would
obtaining an international space allocation be a long process with
uncertain success?
58. The 5650-5925 MHz band is used for radar tracking of a launch
vehicle during launch. Because the radiolocation allocation in the
5650-5925 MHz band is Federal, the Commission can only license
commercial entities to use the band to track launch vehicles on a non-
interference basis. Federal radar facilities are able to track launches
from government owned launch facilities
[[Page 39210]]
under current NTIA authorizations even for commercial launches.
However, NTIA may not authorize radar transponders on commercial launch
vehicles. In the future private spaceports may need to establish non-
Federal radar facilities to track commercial launch vehicles or
spacecraft. Even for commercial launches from government run launch
sites, the commercial space operator may want to develop and use its
own radar facilities to track the launch vehicle. Given the need for
radar transponders on commercial launch vehicles or for non-government
radar tracking of launch vehicles, the Commission makes two alternative
proposals for providing non-Federal access to the 5650-5925 MHz band
for tracking of launch vehicles. As a first proposal it proposes to add
a footnote to the Allocation Table providing primary non-Federal
Radiolocation service allocations to portions of the 2200-2290 MHz band
for launch telemetry. This footnote would require successful
coordination of the assignment and use of the band for space launches
with NTIA and would restrict non-Federal Radiolocation use of the band
to the tracking of launch vehicles during launches and for pre-launch
testing. The second alternative proposal would add a non-Federal
radiolocation allocation to the 5650-5925 MHz band with footnote
containing the same restrictions. Is only a portion of the band needed
for the tracking during launches? What are the spectrum and operational
requirements for radar tracking of commercial launch vehicles in the
short and longer term? Could launch vehicles instead be tracked in
other radiolocation bands, whether Federal, non-Federal, or shared?
Would the addition of a non-Federal radiolocation allocation introduce
any compatibility issues with Intelligent Transportation Systems that
are significantly different than compatibility with the existing
Federal radiolocation allocation? The Commission also proposes to
restrict non-Federal use of this band to use for launch activities. It
seeks comment on these proposals.
Summary of the Notice of Inquiry
59. While the commercial space operations portion of the NPRM has
focused on use of the 420-430 MHz, 2200-2290 MHz, and 5650-5925 MHz
bands during launches, the Commission understands that the commercial
space industry may have additional needs for spectrum in the future. In
this Notice of Inquiry, the Commission launches an inquiry into the
future spectrum requirements of the commercial space industry. It seeks
comment broadly on what other spectrum needs may be important as the
commercial space sector continues to develop. What spectrum will be
required as commercial spaceports are developed where the established
communications infrastructure that is in place at the government-owned
launch facilities is not present? Are there communications needs during
other portions of space missions after the launch such as during re-
entry or the ``on orbit'' phase of a mission that require changes in
allocations? Are there any other frequency bands, whether Federal, non-
Federal, or shared that the commercial space industry will need access
to? Can some of the spectrum needs of the commercial space industry be
satisfied by purchasing or leasing spectrum from other licensees? Are
there any portions of the Commission's rules that will need to be
amended to keep pace with this rapidly changing industry?
60. While previous commercial launches have been conventional
rockets, several companies plan to take passengers on suborbital
spaceflights using spacecraft that have more in common with planes than
rockets. For example, Virgin Galactic's spacecraft will be carried
aloft suspended from a plane. The spacecraft will then be released by
the plane and a rocket engine will be fired to propel it into space.
The spacecraft will then glide back to earth for an unpowered landing
in the same manner as NASA's space shuttle. XCOR Aerospace's spacecraft
will take off on a horizontal runway like a plane, fire a rocket engine
to propel it into space, and then glide back to earth for a horizontal
landing. The spacecraft are only expected to reach altitudes of 100 km
as compared to orbits of over 300 km for low earth orbit satellites and
space stations. Given the airplane-like qualities of these spacecraft
and their lower maximum altitudes, they may have different
communications needs than conventional launches. Because the spacecraft
will glide back to earth will their frequency use have to be
coordinated over a much larger area than conventional launches and
reentries? Will access to the spectrum used by commercial aviation
under the part 87 Aviation Services be more appropriate for all or part
of the spacecraft's flight? Would the Commission need to initiate a
proceeding to modify part 87 to meet the needs of these commercial
spacecraft? The Commission seeks comment generally on the communication
needs of these spacecraft.
61. Bigelow Aerospace has announced plans to have a commercial
space station in orbit as early as 2016. Presumably, a space station
with human habitation will need reliable communications with earth
based ground stations. The Commission seeks comment generally on the
communications needs of such a space station. Will additional
allocations of spectrum be necessary to support a commercial space
station? What modifications to the Commission's rules will be needed to
support the communication needs of the space station?
Procedural Matters
Initial Regulatory Flexibility Analysis
62. As required by the Regulatory Flexibility Act (RFA),\1\ 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 Notice of Proposed
Rule Making (NPRM). 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 provided on the first page of this NPRM.
The Commission will send a copy of this NPRM, including this IRFA, to
the Chief Counsel for Advocacy of the Small Business Administration
(SBA).\2\ In addition, the NPRM and IRFA (or summaries thereof) will be
published in the Federal Register.\3\
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\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996).
\2\ See 5 U.S.C. 603(a).
\3\ See id.
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A. Need for, and Objectives of, the Proposed Rules
63. The United States government and commercial entities have
filled distinct roles in regard to activities in space. However, in
recent years the roles of the Federal Government and private sector
have become blurred. Federal policy directs agencies to use commercial
satellite services unless specific mission requirements cannot be met,
and many Federal agencies now rely on commercial communication
satellites for service. NASA has contracted with commercial entities to
carry cargo to the International Space Station (ISS), and in the future
commercial spacecraft are expected to carry crew members to the ISS.
Also, several privately owned spaceports have been licensed for future
[[Page 39211]]
launches. As a result, the Commission's rules must evolve to reflect
the increased reliance of Federal agencies on commercial space services
and the continued development of the commercial space sector. The
Notice of Proposed Rulemaking (NPRM), proposes several modifications to
the Table of Frequency Allocations in Section 2.106 of our rules
(Allocation Table) to reflect this new reality.
64. The NPRM makes two alternative proposals to modify the
Allocation Table to provide interference protection for Fixed-Satellite
Service (FSS) and Mobile-Satellite Service (MSS) earth stations
operated by Federal agencies under authorizations granted by the
National Telecommunications and Information Administration (NTIA) in
certain frequency bands. These frequency bands which are used to
provide commercial satellite service are: 3.6-4.2 GHz, 5.85-6.725 GHz,
10.7-12.2 GHz, 12.7-13.25 GHz, 13.75-14.5 GHz, 18.3-19.3 GHz, 19.7-20.2
GHz, 27.5-30.0 GHz, 37.5-39.5 GHz and 47.2-50.2 GHz. Federal agencies
are not, for the most part, currently able to operate their own earth
stations on an interference-protected basis in these bands to use
commercial satellite services. Under a first proposal, the Commission
would add a co-primary Federal FSS or Federal MSS allocation in the
Allocation Table for these frequency bands. In conjunction with this
modification of the Allocation Table, we would add a footnote to the
Allocation Table restricting primary use of Federal earth stations in
these bands to communication with non-Federal satellites. A second
alternative proposal would modify the Allocation Table by adding a
footnote that gives Federal earth stations communicating with non-
Federal satellites in these frequency bands interference protection
equivalent to that afforded to non-Federal earth stations. The Federal
earth stations will receive interference protection only if they
operate in accordance with the Commission's rules. Either of these
proposals would allow Federal agencies to obtain the same rights to
interference protection accorded to Commission licensees when using
earth stations to communicate with commercial satellite networks.
65. The NPRM also proposes to amend a footnote to the Allocation
Table to permit a Federal MSS system to operate in the 399.9-400.05 MHz
band. Deployment of this Federal system will allow traffic to be
migrated from the existing Argos Federal MSS system, thereby resulting
in less interference and improved service and reliability for users of
both the existing Argos and the new Federal MSS systems. No Federal or
non-Federal MSS systems have been deployed in this band since it was
allocated in 1993. This proposed allocation will permit long vacant
spectrum to be put to an important use.
66. The NPRM also makes alternative proposals to modify the
Allocation Table to provide access to spectrum on an interference
protected basis to Commission licensees for use during the launch of
launch vehicles (i.e. rockets).\4\ During launches, spectrum in three
frequency bands is typically used to send information from the launch
vehicle to controllers on ground (2200-2290 MHz), send a self-destruct
signal to the launch vehicle if needed (420-430 MHz), and to track the
launch vehicle by radar (5650-5925 MHz). Because all of these frequency
bands have only Federal allocations for these purposes, the Commission
can not issue licenses for these bands except on a non-interference
basis. As a result, commercial space launch operators are not allowed
to cause interference to and must accept interference from Federal
users in these bands. Under a first proposal, the Commission would add
a footnote to the Allocation Table providing primary non-Federal
allocations to the 2200-2290 MHz and 5650-5925 MHz bands. The footnote
would restrict the allocations to use during space launches and pre-
launch testing at Federal ranges and would require successful
coordination of the assignment and use of the band for space launches
with NTIA. Under a second proposal the Commission would add a non-
Federal allocation to the Allocation Table along with a footnote with
the same restrictions as the first proposal. In addition, the NPRM
seeks comment on whether to make a non-Federal allocation for the 420-
430 MHz band. Co-primary non-Federal allocations for these bands would
allow the Commission to later adopt service and technical rules that
facilitate the issuance of licenses to commercial entities for these
bands that provide them with interference protection. This will provide
commercial entities access to these important spectrum resources as
more commercial launches are conducted and private spaceports are
established.
---------------------------------------------------------------------------
\4\ A launch vehicle is a rocket used to launch a payload into
space.
---------------------------------------------------------------------------
B. Legal Basis
67. The proposed action is authorized under Sections 4(i), 301,
303(c), 303(f), and 303(r) of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 301, 303(c), 303(f), and 303(r).
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
68. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted.\5\ The RFA generally
defines the term ``small entity'' as having the same meaning as the
terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' \6\ In addition, the term ``small
business'' has the same meaning as the term ``small business concern''
under the Small Business Act.\7\ 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 SBA.\8\
---------------------------------------------------------------------------
\5\ 5 U.S.C. 603(b)(3).
\6\ 5 U.S.C. 601(6).
\7\ 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).
\8\ Small Business Act, 15 U.S.C. 632 (1996).
---------------------------------------------------------------------------
69. Satellite Telecommunications and All Other Telecommunications.
Two economic census categories address the satellite industry. The
first category has a small business size standard of $15 million or
less in average annual receipts, under SBA rules.\9\ The second has a
size standard of $25 million or less in annual receipts.\10\
---------------------------------------------------------------------------
\9\ 13 CFR 121.201, NAICS code 517410.
\10\ 13 CFR 121.201, NAICS code 517919.
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70. The category of Satellite Telecommunications ``comprises
establishments primarily engaged in providing telecommunications
services to other establishments in the telecommunications and
broadcasting industries by forwarding and receiving communications
signals via a system of satellites or reselling satellite
telecommunications.'' \11\ Census Bureau data for 2007 shows that 512
Satellite Telecommunications firms operated for the entire year.\12\ Of
this total, 464 firms had annual receipts of under $10 million, and 18
firms had receipts of
[[Page 39212]]
$10 million to $24,999,999.\13\ Consequently, the Commission estimates
that the majority of Satellite Telecommunications firms are small
entities that might be affected by our action.
---------------------------------------------------------------------------
\11\ U.S. Census Bureau, 2007 NAICS Definitions, 517410
Satellite Telecommunications.
\12\ See https://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=900&-ds_name=EC0751SSSZ4&-_lang=en.
\13\ See https://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=900&-ds_name=EC0751SSSZ4&-_lang=en.
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71. The second category, i.e. ``All Other Telecommunications''
comprises ``establishments primarily engaged in providing specialized
telecommunications services, such as satellite tracking, communications
telemetry, and radar station operation. This industry also includes
establishments primarily engaged in providing satellite terminal
stations and associated facilities connected with one or more
terrestrial systems and capable of transmitting telecommunications to,
and receiving telecommunications from, satellite systems.
Establishments providing Internet services or voice over Internet
protocol (VoIP) services via client-supplied telecommunications
connections are also included in this industry.'' \14\ For this
category, Census Bureau data for 2007 shows that there were a total of
2,383 firms that operated for the entire year.\15\ Of this total, 2,347
firms had annual receipts of under $25 million and 12 firms had annual
receipts of $25 million to $49, 999,999.\16\ Consequently, the
Commission estimates that the majority of All Other Telecommunications
firms are small entities that might be affected by our action.
---------------------------------------------------------------------------
\14\ https://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=517919&search=2007%20NAICS%20Search.
\15\ https://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=900&-ds_name=EC0751SSSZ4&-_lang=en.
\16\ https://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=900&-ds_name=EC0751SSSZ4&-_lang=en.
---------------------------------------------------------------------------
72. Commercial Space Transportation. The North American Industry
Classification System does not have a discrete code for commercial
space transportation per se. However, it does have the following codes
that collectively capture entities engaged in commercial space
transportation: 336414, ``Guided Missile and Space Vehicle
Manufacturing,'' 336415, ``Guided Missile and Space Vehicle Propulsion
Unit and Parts Manufacturing,'' and 336419, ``Other Guided Missile and
Space Vehicle Parts and Auxiliary Equipment Manufacturing.'' The Small
Business Administration (SBA) has defined small business entities
engaged in the aforementioned activities as those employing no more
than 1,000 employees.\17\ Further, the SBA does not apply a size
standard based on maximum annual receipts to define small business
entities engaged in the above industries.
---------------------------------------------------------------------------
\17\ 13 CFR 121.201, NAICS codes 336414, 336415, 336419.
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73. The FCC believes that the following business entities are the
principle entities currently comprising the commercial space
transportation launch operator industry in the United States: The
Boeing Company, Lockheed Martin Corporation, Space Exploration
Technologies, Orbital Sciences Corporation, and Sea Launch Company,
L.L.C. In addition, Virgin Galactic and XCOR Aerospace have announced
plans for suborbital manned space flights.\18\ NASA has agreements with
three companies to design and develop human space flight capabilities:
Sierra Nevada Corporation, Space Exploration Technologies, and The
Boeing Company.\19\ Because the commercial space industry is a nascent
industry, it is difficult to state whether additional entities will
enter the industry and how many and which entities will succeed. We do
not have data on the size of these entities, and consequently, cannot
classify them as large or small entities. We therefore cannot reach
definite conclusions as to the number of small entities that will be
affected by the rules proposed in this NPRM and we shall assume that a
significant number of small entities will be affected by these
regulations. We request comment on this assumption.
---------------------------------------------------------------------------
\18\ See Virgin Galactic, https://www.virgingalactic.com; XCOR
Aerospace: New Technology for Space, https://www.xcor.com/.
\19\ Bob Granath, NASA Takes Strides Forward to Launch Americans
from U.S. Soil, Jan. 25, 2013, available at https://www.nasa.gov/exploration/commercial/crew/cpc_apollo_5_prt.htm.
---------------------------------------------------------------------------
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
74. The NPRM proposes no reporting and recordkeeping requirements.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
75. 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 (among others): (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.\20\
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\20\ See 5 U.S.C. 603(c).
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76. In a first of two alternative proposals, the NPRM proposes to
add a co-primary Federal FSS or Federal MSS allocation in the Table of
Frequency Allocations in Sec. 2.106 of our rules (Allocation Table)
for a number of spectrum bands used for commercial satellite service.
In conjunction with this modification of the Allocation Table, we will
add a footnote to the Allocation Table restricting primary use of
Federal earth stations in these bands to communication with non-Federal
satellites. This will not directly change the regulatory burdens on
Commission licensees. Commission licensees will continue to follow the
same licensing procedures and be subject to the existing technical
rules when operating in these bands. Because the bands will have a co-
primary Federal allocation, under existing coordination procedures the
Commission would be expected to coordinate license applications in
these bands with NTIA. This will result in increased processing time
for applications for Commission licenses for these bands. We are not
able to quantify the economic impact this increased processing time
will have on small entities applying for Commission licenses.
77. Alternatively, the NPRM proposes to modify the Allocation Table
by adding a footnote that gives Federal earth stations communicating
with non-Federal satellites in a number of bands used for commercial
satellite service interference protection equivalent to that afforded
to non-Federal earth stations. The Federal earth stations will receive
interference protection only if they operate in accordance with the
Commission's rules. This proposal does not change the regulatory
burdens on Commission licensees. Commission licensees will continue to
follow the same licensing procedures and be subject to the existing
technical rules when operating in these bands. Unlike the first
proposal, a Federal allocation will not be added to these bands and
there will be no new requirement to coordinate Commission licenses with
NTIA. This alternate proposal should have no significant economic
impact on small entities.
78. The NPRM also proposes to amend a footnote to the Allocation
Table to permit a Federal MSS system to operate in the 399.9-400.05 MHz
band. Although this band currently has
[[Page 39213]]
a non-Federal MSS allocation and the Commission has adopted service and
technical rules for the band, the Commission has issued no MSS licenses
for the band and no one has applied to use this band. While it is
possible that a small entity may apply for a license for this band in
the future, considering that it has been allocated for the MSS since
1993 with no interest from satellite operators we believe it is
unlikely. However, on the chance that a satellite operator may desire
to deploy a system in the band in the future the NPRM does ask whether
operation of a Federal MSS system in the band will preclude a non-
Federal MSS system from also being licensed. There is a possibility
that a Federal MSS system deployed in the band may cause harmful
interference to Commission licensees in nearby spectrum. The NPRM asks
whether such interference could be an issue. Given the lack of
commercial interest in the band we expect that this proposal shall not
have a significant economic impact on any small entity.
79. The final section of the NPRM makes several proposals to amend
the Allocation Table to provide interference protected access to
spectrum for Commission licensees for the launch of launch vehicles
(i.e. rockets). These bands do not currently have a non-Federal
allocation for this purpose. Consequently, the Commission may only
issue licenses for these bands on a non-interference basis. A licensee
with non-interference status may not cause interference and must accept
interference from those using the band in accordance with the
Allocation Table. Adopting any of these proposals would be only a first
step toward the Commission issuing licenses for these bands because the
Commission would later have to adopt service and technical rules for
the bands. However, once the Commission is able to issue licenses for
these bands, small entities who manufacture and/or develop launch
vehicles and spacecraft will benefit because they will be able to
obtain licenses for spectrum that provide them with interference
protection during launches. Consequently, we expect that these
proposals will provide only a benefit to small entities and will have
no significant harmful economic impact on any small entity.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rule
80. None.
Ordering Clauses
81. Pursuant to Sections 4(i), 301, 303(c), 303(f), and 303(r) of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 301,
303(c), 303(f), and 303(r), this Notice of Proposed Rulemaking and
Notice of Inquiry is adopted.
82. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, 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.
83. The National Telecommunications and Infrastructure
Administration's Petition for Rulemaking is granted to the extent
described herein.
List of Subjects 47 CFR Parts 2
Communications equipment, Disaster assistance, Radio.
Federal Communications Commission.
Sheryl D. Todd,
Deputy Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 2 as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
2. Section 2.106, the Table of Frequency Allocations, is amended as
follows:
0
a. Pages 21-22, 26, 33-34, 37-38, 40, 42-43, 47-49, 51-52, 54, 56, and
58 are revised.
0
b. In the list of United States (US) Footnotes, footnotes US46, US107,
USyyy, and USzzz are added, and footnote US319 is removed.
Sec. 2.106 Table of Frequency Allocations.
The revisions and additions read as follows:
* * * * *
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[GRAPHIC] [TIFF OMITTED] TP01JY13.013
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[GRAPHIC] [TIFF OMITTED] TP01JY13.014
[[Page 39229]]
[GRAPHIC] [TIFF OMITTED] TP01JY13.015
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[GRAPHIC] [TIFF OMITTED] TP01JY13.016
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[GRAPHIC] [TIFF OMITTED] TP01JY13.017
[[Page 39232]]
* * * * *
United States (US) Footnotes
* * * * *
US46 In the bands 137-138 MHz, 148-150.05 MHz, 400.15-401 MHz,
1610-1626.5 MHz, 2483.5-2500 MHz, 19.7-20.2 GHz, and 29.5-30 GHz,
Federal stations in the mobile-satellite service shall be restricted to
earth stations operating with non-Federal space stations and that
comply with Part 25 of the Commission's rules.
* * * * *
US107 In the bands 3700-4200 MHz, 5850-6725 MHz, 10.7-12.2 GHz,
12.7-13.25 GHz, 13.75-14.5 GHz, 18.3-19.3 GHz (except as provided for
in US334), 19.7-20.2 GHz (except as provided for in US334), 27.5-30
GHz, 37.5-39.5 GHz, and 47.2-48.2 GHz, Federal stations in the fixed-
satellite service shall be restricted to earth stations operating with
non-Federal space stations and that comply with Part 25 of the
Commission's rules.
* * * * *
USyyy In the band 2200-2290 MHz, non-Federal stations in the space
operation service may also be authorized on a primary basis and such
use shall be:
(a) Restricted to transmissions in the sub-bands 2207-2219 MHz,
2270.5-2274.5 MHz, and 2285-2290 MHz (necessary bandwidth shall be
contained within these ranges);
(b) limited to no greater than 5 MHz necessary bandwidth per
channel by launch vehicles during pre-launch testing and launches at
Federal ranges; and
(c) subject to successful coordination of the assignment and use
with Federal operations through NTIA.
* * * * *
USzzz In the band 5650-5925 MHz, non-Federal stations operating in
the radiolocation service may also be authorized on a primary basis and
such use shall be:
(a) Restricted to use in the tracking of launch vehicles during
launches and pre-launch testing of launch vehicles subject to; and
(b) subject to successful coordination of the assignment and use
with federal operations through NTIA.
[FR Doc. 2013-15592 Filed 6-28-13; 8:45 am]
BILLING CODE 6712-01-P