Earth Stations in Motion, 44772-44788 [2020-13783]

Download as PDF 44772 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations List of Subjects 40 CFR Part 350 Environmental protection, Confidential business information, Reporting and recordkeeping requirements. 40 CFR Part 355 Environmental protection, Reporting and recordkeeping requirements. Dated: July 7, 2020. Peter Wright, Assistant Administrator, Office of Land and Emergency Management. For the reasons stated in the preamble, title 40, chapter I of the Code of Federal Regulations is amended as follows: PART 350—TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW INFORMATION: AND TRADE SECRET DISCLOSURES TO HEALTH PROFESSIONALS 1. The authority citation for Part 350 continues to read as follows: ■ Authority: 42 U.S.C. 11042, 11043, and 11048 Pub. L. 99–499, 100 Stat. 1747. 2. Amend § 350.7 by revising paragraphs (a) introductory text, (b), (c) and (d)(2) to read as follows: ■ jbell on DSKJLSW7X2PROD with RULES § 350.7 Substantiating claims of trade secrecy. (a) Claims of trade secrecy must be substantiated by providing a specific answer including, where applicable, specific facts, to each of the following questions with submission to which the trade secrecy claim pertains. Submitters must answer these questions on the form entitled ‘‘Substantiation to Accompany Claims of Trade Secrecy.’’ The form and instructions are posted on the EPA program websites, https:// www.epa.gov/epcra and https:// www.epa.gov/tri/rfi. * * * * * (b) The answers to the substantiation questions listed in paragraph (a) of this section are to be submitted on the form entitled ‘‘Substantiation to Accompany Claims of Trade Secrecy’’ and included with a submitter’s trade secret claim. The form is posted on the EPA program websites, https://www.epa.gov/epcra and https://www.epa.gov/tri/rfi, (c) An owner, operator, or senior official with management responsibility shall sign the certification at the end of the form entitled ‘‘Substantiation to Accompany Claims of Trade Secrecy,’’ which is posted on the EPA program websites, https://www.epa.gov/epcra and https://www.epa.gov/tri/rfi. The VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 certification in both the sanitized and unsanitized versions of the substantiation must bear an original signature. (d) * * * (2) An owner, operator, or senior official with management responsibility shall sign the certification stating that those portions of the substantiation claimed as confidential would, if disclosed, reveal the chemical identity being claimed as a trade secret, or would reveal other confidential business or trade secret information. This certification is combined on the substantiation form found on EPA program websites, https://www.epa.gov/ epcra and https://www.epa.gov/tri/rfi, with the certification described in paragraph (c) of this section. * * * * * ■ 3. Revise § 350.16 to read as follows: § 350.16 Address to send trade secrecy claims and petitions requesting disclosure. The address and location to send all claims of trade secrecy under sections 303(d)(2) and (d)(3), 311, 312, and 313 of Title III and all public petitions requesting disclosure of chemical identities claimed as trade secret are posted on the following EPA program websites, https://www.epa.gov/epcra and https://www.epa.gov/tri/rfi. Any subsequent changes to the address and location will be announced in Federal Register Notices as these changes occur. Also, the changes will be posted on these websites. Submitters may also contact the EPCRA, RMP & Oil Information Center at (800) 424–9346 or (703) 348–5070, https://www.epa.gov/ epcra/forms/contact-us-aboutemergency-planning-and-communityright-know-act-epcra to obtain this information. ■ 4. Amend § 350.27 by revising paragraph (a) and removing and reserving paragraph (b), including the form and instructions to the form, to read as follows: § 350.27 Substantiation form to accompany claims of trade secrecy, instructions to substantiation form. (a) The substantiation form to accompany claims of trade secrecy must be completed and submitted as required in § 350.7(a). The form and instructions are posted on the Emergency Planning and Community Right-to-Know Act (EPCRA) website, https://www.epa.gov/ epcra and the Toxics Release Inventory Program Division website, https:// www.epa.gov/tri/rfi. Submitters may also contact the National Service Center for Environmental Publications (NSCEP) at (800) 490–9198 or https:// www.epa.gov/nscep to obtain the form. PO 00000 Frm 00088 Fmt 4700 Sfmt 4700 The address to send all trade secrecy claims is posted on the following EPA Program websites, https://www.epa.gov/ epcra and https://www.epa.gov/tri/rfi. This information can also be obtained by contacting the EPCRA, RMP & Oil Information Center at (800) 424–9346 or (703) 348–5070, or https:// www.epa.gov/epcra/forms/contact-usabout-emergency-planning-andcommunity-right-know-act-epcra. * * * * * PART 355—EMERGENCY PLANNING AND NOTIFICATION 5. The authority citation for Part 355 continues to read as follows: ■ Authority: Sections 302, 303, 304, 325, 327, 328, and 329 of the Emergency Planning and Community Right-to-know Act of 1986 (EPCRA) (42 U.S.C. 11002, 11003, 11004, 11045, 11047, 11048, and 11049). 7. Amend the Note to § 355.41 to read as follows: ■ § 355.41 In what format should the information be submitted? * * * * * Note 1 to § 355.41: The SERC and LEPC may request a specific format for this information. [FR Doc. 2020–15139 Filed 7–23–20; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 2 and 25 [IB Docket Nos. 17–95, 18–315; FCC 20– 66; FRS 16866] Earth Stations in Motion Federal Communications Commission. ACTION: Final rule. AGENCY: In this document, the Federal Communications Commission (Commission) amends its rules to facilitate the deployment of earth stations in motion (ESIMs) communicating with geostationary (GSO) and non-geostationary orbit (NGSO) fixed-satellite service (FSS) satellite systems. DATES: This rule is effective: July 24, 2020. SUMMARY: FOR FURTHER INFORMATION CONTACT: Cindy Spiers, 202–418–1593. This is a summary of the Commission’s Report and Order, IB Docket Nos. 17–95 and 18–315, FCC 20–66, adopted on May 13, 2020, and released on May 14, 2020. The full text of this document is SUPPLEMENTARY INFORMATION: E:\FR\FM\24JYR1.SGM 24JYR1 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations available at https://docs.fcc.gov/public/ attachments/FCC-20-66A1.pdf. The full text of this document is also available for inspection and copying during business hours in the FCC Reference Information Center, Portals II, 445 12th Street SW, Room CY–A257, Washington, DC 20554. To request materials in accessible formats for people with disabilities, send an email to FCC504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202– 418–0530 (voice), 202–418–0432 (TTY). Paperwork Reduction Act This document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Synopsis jbell on DSKJLSW7X2PROD with RULES In this Second Report and Order in IB Docket No. 17–95 and Report and Order in IB Docket No. 18–315 (Report and Order) and Further Notice of Proposed Rulemaking (Further Notice), the Commission continues to facilitate the deployment of, and reduce the regulatory burdens on, Earth Stations in Motion (ESIMs).1 First, we allow ESIMs to communicate in additional frequency bands with geostationary-satellite orbit (GSO) satellites operating in bands allocated to the fixed-satellite service (FSS). Second, we adopt rules for ESIMs to communicate with non-geostationary orbit (NGSO) satellites in specific frequency bands allocated to the FSS. Finally, we seek to further develop the record regarding potential interference from out-of-band emissions of ESIMs in the 28.35–28.6 GHz band into the adjacent 27.5–28.35 GHz band used by Upper Microwave Flexible Use Service (UMFUS). These actions will promote innovative and flexible use of satellite technology, as well as provide 1 The term ‘‘ESIMs’’ is the collective designation for three types of earth stations that the Commission authorizes to transmit while in motion: Earth Stations on Vessels (ESVs), Vehicle-Mounted Earth Stations (VMESs), and Earth Stations Aboard Aircraft (ESAAs) to communicate with space stations using frequencies allocated to the fixed satellite service. Broadly stated, Earth Stations on Vessels refers to earth stations that communicate with a satellite while located on maritime vessels such as boats, cargo ships or cruise ships, whereas Vehicle-Mounted Earth Stations and Earth Stations Aboard Aircraft refer to earth stations that communicate with satellites while located on landbased vehicles or aircraft, respectively. VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 regulatory equity between GSO and NGSO FSS systems. Report and Order Because of the interrelated nature of the two proceedings, we address both proceedings in here. In the discussion below, we first address the addition of frequency bands in which ESIMs can communicate with GSO FSS satellites. Specifically, we adopt our proposal to allow ESIMs to operate in all of the frequency bands in which earth stations at fixed locations operating with GSO FSS satellite networks can be blanketlicensed, and to allow ESIMs to receive signals from GSO FSS satellite space stations in the Ka-band, with some restrictions. We then address the issues raised in the NGSO ESIMs NPRM, and adopt a regulatory framework for ESIMs communications with NGSO FSS systems that is analogous to that which currently exists for ESIMs communicating with GSO FSS systems, with the exception of the frequency bands 18.6–18.8 GHz, 28.35–28.4 GHz, and 29.25–29.5 GHz. We also extend blanket earth station licensing to ESIMs communicating with NGSO FSS systems. We defer consideration of our proposal to allow ESIMs to operate in the 28.35–28.4 GHz band while we study the potential interference from out-of-band emissions of ESIMs into the adjacent 27.5–28.35 GHz band. ESIMs Communications With GSO Satellites in Additional Frequency Bands (IB Docket No. 17–95) In the GSO ESIMs FNPRM, the Commission sought comment on allowing ESIMs to operate in all of the frequency bands in which earth stations at fixed locations operating in GSO FSS satellite networks can be blanketlicensed. The Commission believed in this situation operation of earth stations in motion should not introduce a material change to the interference environment created or to the protection required.2 Many commenters support these changes and no commenters opposed.3 Boeing points out that among other benefits, the use of many of these frequencies by ESIMs will help to align the FSS frequencies that are available for use by ESIMs in different regions of the world, and that this alignment is important because many ESIMs— including those on airplanes and ships—do not limit their operations to single continents.4 SES, O3b, and 2 GSO ESIMs FNPRM, 33 FCC Rcd at 9358, para. 91. 3 See, e.g., Boeing FNPRM Comments at 1; Hughes FNPRM Comments at 2; Inmarsat FNPRM Comments at 2. 4 See Boeing FNPRM Comments at 3. PO 00000 Frm 00089 Fmt 4700 Sfmt 4700 44773 Intelsat note that expanding the frequencies available for GSO ESIM networks will allow more intensive spectrum use and is fully consistent with other authorized operations in these frequency bands.5 We agree that, for the reasons stated by commenters, the public interest is served by the addition of frequency bands in which ESIMs are allowed to communicate with GSO FSS satellites. We address the individual frequency bands in turn below. We then address general issues that are not specific to any particular frequency band. The Extended Ku-Band The Commission sought comment on expanding the Ku-band frequency ranges in which ESIMs can be authorized to receive transmissions from GSO FSS satellites 6 to include the 10.7–10.95 GHz and 11.2–11.45 GHz bands.7 These frequency bands are allocated on a co-primary basis to the fixed service and FSS (space-to-Earth), but GSO FSS use of both bands is limited to international systems (that is, to communications that do not originate and terminate within the United States).8 The Commission noted, however, that in the 10.95–11.2 GHz (space-to-Earth) and 11.45–11.7 GHz (space-to-Earth) bands, communications of ESIMs with GSO satellites is allowed subject to the condition that these earth stations may not claim protection from transmissions of non-Federal fixed service stations.9 The Commission requested comment on whether communications in the 10.7–10.95 GHz and 11.2–11.45 GHz (space-to-Earth) bands could also be allowed on an unprotected basis with respect to other services.10 Satellite operators overwhelmingly support allowing ESIMs to receive transmissions from GSO FSS satellites on an unprotected basis in these bands.11 Commenters state that, because 5 SES, O3b and Intelsat FNPRM Reply Comments at 1–2. 6 See 47 CFR 2.106, NG527A. 7 See GSO ESIMs FNPRM, 33 FCC Rcd at 9354, para. 90. As we noted in the FNPRM, the Commission’s part 25 rules currently allow for blanket licensing in the 10.7–10.95 GHz, 11.2–11.45 GHz, and 17.8–18.3 GHz (space-to-Earth) on an unprotected basis with respect to the fixed service. 8 47 CFR 2.106, NG52 (‘‘Except as provided for by NG527A, use of the bands 10.7–11.7 GHz (space-toEarth) and 12.75–13.25 GHz (Earth-to-space) by geostationary satellites in the [FSS] shall be limited to international systems, i.e., other than domestic systems.’’). 9 47 CFR 2.106, NG527A. See also GSO ESIMs FNPRM, 33 FCC Rcd at 9340, para. 44. 10 GSO ESIMs FNPRM, 33 FCC Rcd at 9355, para. 91. 11 See, e.g., Boeing FNPRM Comments at 2–3; Hughes FNPRM Comments at 2–3; SES FNPRM E:\FR\FM\24JYR1.SGM Continued 24JYR1 44774 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES ESIMs operations are receive-only in the 10.7–10.95 GHz and 11.2–11.45 GHz bands, allowing ESIMs to operate in these frequency bands does ‘‘not increase the potential for harmful interference’’ to other spectrum users.12 In addition, they state that because ESIMs operate on mobile platforms (that is, in aeronautical, maritime and landmobility applications) and often far from other co-frequency systems and services (for example, aircraft in flight or vessels in international waters), there is no need to protect ESIMs reception in these bands.13 Commenters also assert that access to additional ESIM receive spectrum would enhance flexibility, data rates, and aggregate capacity for ESIM operators and consumers.14 Based on the record, including the lack of opposition to this proposal, we will allow communications from GSO FSS satellites to ESIMs in the 10.7– 10.95 GHz and 11.2–11.45 GHz (spaceto-Earth) bands on an unprotected basis vis-a`-vis fixed service stations. We agree that ESIMs can receive transmissions from GSO FSS satellites in the 10.7– 10.95 GHz and 11.2–11.45 GHz bands without requiring protection from fixed service stations that have primary status in these bands.15 The Fixed Wireless Communications Coalition (FWCC) asks the Commission to clarify that fixed service will not be required to protect ESIMs in the 10.7–10.95 GHz and 11.2– 11.45 GHz (space-to-Earth) bands from interference.16 We so clarify. Accordingly, we amend footnote NG527A to include 10.7–10.95 GHz and 11.2–11.45 GHz (space-to-Earth) in the frequency bands in which ESIMs may be authorized to communicate with GSO satellites, subject to the condition that ESIMs may not claim protection from transmissions of non-Federal fixed service stations.17 In addition, CORF notes that radio astronomers make important observations in the 10.6–10.7 GHz band,18 and that the U.S. Table Comments at 1–2; Viasat FNPRM Comments at 1, 3. 12 Panasonic FNPRM Comments at 2; see also Boeing FNPRM Comments at 3. 13 Id. 14 Panasonic FNPRM Comments at 2; see also Boeing FNPRM Comments at 3; SES FNPRM Comments at 2; Viasat FNPRM Comments at 3–4. 15 GSO FSS downlink transmissions are already permitted in these frequency bands, subject to power flux density limit designed to protect fixed service stations from unacceptable interference. See International Telecommunication Union (ITU) Article 21. 16 FWCC FNPRM Comments at 1–2. 17 See Appendix B, 47 CFR 2.106, NG572A(a). 18 Although on page 7 of its FNPRM Comments CORF mentions 10.6–11.7 GHz, it is clear from the context that their intention was to reference the 10.6–10.7 GHz band which has a primary allocation to the Radio Astronomy Services. 47 CFR 2.106. VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 requires operators to protect radio astronomy service from satellite downlinks emissions into the 10.68– 10.70 GHz portion of the band.19 Footnotes to the U.S. Table already provide such protections,20 and satellite licenses and grants of U.S. market access are issued by the Commission subject to such footnotes. Accordingly, no additional action is necessary. The Ka-Band The Commission sought comment on allowing ESIMs to receive signals from GSO FSS satellites on a secondary basis in the 17.8–18.3 GHz (space-to-Earth) band and on a primary basis in the 19.3–19.4 GHz (space-to-Earth) and 19.6–19.7 GHz (space-to-Earth) bands.21 The Commission also requested comment on whether to allow ESIMs to communicate with GSO FSS satellites in the 18.8–19.3 GHz (space-to-Earth) and 28.6–29.1 GHz (Earth-to-space) bands on an unprotected, non-interference basis with respect to NGSO FSS satellite systems.22 It sought comment on any possible effects these proposals may have on existing or future services in these frequency bands or adjacent frequency bands and on any necessary changes to our rules that may be appropriate to accommodate them.23 We address each of these frequency bands in turn below. Specifically, we will allow ESIMs to receive signals from GSO FSS space stations on a secondary basis in the 17.8–18.3 GHz band and on a primary basis in the 19.3–19.4 and 19.6–19.7 GHz band. We will also allow ESIMs to operate with GSO FSS satellite networks in the 18.8–19.3 GHz (spaceto-Earth) and 28.6–29.1 GHz (Earth-tospace) bands on an unprotected, noninterference basis with respect to NGSO FSS satellite systems. 17.8–18.3 GHz, 19.3–19.4 GHz, and 19.6–19.7 GHz.—Commenters observe that satellite space-to-Earth transmissions in the 17.8–18.3 GHz, 19.3–19.4 GHz, and 19.6–19.7 GHz bands are already subject to power flux density limits designed to protect terrestrial systems,24 and reception of satellite signals by ESIMs has no effect on these power flux density levels set forth in the Commission’s rules.25 FNPRM Comments at 7. e.g., 47 CFR 2.106, US211 and US246. 21 GSO ESIMs FNPRM, 33 FCC Rcd at 9355, para. 91. 22 Id. 23 Id. 24 47 CFR 25.208(c). 25 SES FNPRM Reply Comments at 2; see also Boeing FNPRM Comments at 3 (stating that the existence of ESIMs in these frequencies will not interfere with fixed service networks because they will continue to be protected by the power flux PO 00000 19 CORF 20 See, Frm 00090 Fmt 4700 Sfmt 4700 Satellite operators therefore state that ESIMs can co-exist with terrestrial fixed service operations in these bands.26 Commenters also point out that the authorization of ESIMs to receive signals from GSO networks in the 17.8– 18.3 GHz band will help to align the frequencies available to ESIMs in the United States with those that are available in the rest of the world.27 In addition, ESIMs communications with GSO FSS satellites in these bands will be required to be coordinated with Federal FSS systems pursuant to the U.S. Table.28 No commenters disagree with allowing ESIMs to receive signals from GSO FSS satellites in these bands. We proposed allowing ESIMs to receive signals from GSO FSS satellites in the 17.8–18.3 GHz (space-to-Earth) band on a secondary basis. FSS is allocated in the space-to-Earth direction on a secondary basis to the fixed service in the 17.8–18.3 GHz band and no parties objected to our proposal. Thus, we add NG527A(d) in the U.S. Table of Allocations to allow ESIMs to receive signals from GSO FSS satellites in the 17.8–18.3 GHz (space-to-Earth) band on a secondary basis. Further, we proposed allowing ESIMs to receive signals from GSO FSS satellites in the 19.3–19.4 GHz (spaceto-Earth) and 19.6–19.7 GHz (space-toEarth) bands on a co-primary basis with fixed service and Federal FSS. However, given the difficulties with coordinating ESIM operations with terrestrial stations, we conclude here, as proposed by FWCC,29 that in the 19.3–19.4 GHz (space-to-Earth) and 19.6–19.7 GHz (space-to-Earth) bands, ESIMs should be allowed to operate on an unprotected basis with regard to fixed service and Federal FSS. Allowing such ESIM operations will not change the existing interference environment in these bands. FSS is already allocated in the space-to-Earth direction on a co-primary basis with fixed service in the 19.3–19.4 GHz and 19.6–19.7 GHz bands subject to power flux density limits designed to density limits on satellite downlink communications that are maintained by the ITU to protect primary terrestrial uses of the 17.7–18.3 GHz frequencies). 26 SES FNPRM Comments at 2; Inmarsat FNPRM Comments at 2–3; Viasat FNPRM Comments at 3– 4. See also Boeing FNPRM Comments at 4–5 (stating that ESIMs experiencing interference can either shift to a different receiving frequency or can move to a new location where the interference does not exist; further, given the relatively high speeds in which many ESIMs will be in motion, any unacceptable interference received from fixed service transmitters will only be momentary in duration and likely result in no detectible interference to the ESIM end user’s services). 27 Boeing FNPRM Comments at 4. 28 47 CFR 2.106, US334. 29 See FWCC Comments at 1, 3. E:\FR\FM\24JYR1.SGM 24JYR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations protect terrestrial systems. Accordingly, we revise NG527A(a) in the U.S. Table of Allocations to allow ESIMs to receive signals from GSO FSS satellites in the 19.3–19.4 GHz (space-to-Earth), and 19.6–19.7 GHz (space-to-Earth) bands on an unprotected basis. 18.8–19.3 GHz and 28.6–29.1 GHz.— The record supports a finding that allowing ESIMs to communicate with GSO FSS satellites in the 18.8–19.3 GHz (space-to-Earth) and 28.6–29.1 GHz (Earth-to-space) bands serves the public interest. Viasat asserts that such a change can expedite consumer access to mobile applications of satellite broadband services technologies.30 Boeing believes that ESIMs communicating with GSO and NGSO satellites in these bands could complement each other by providing very robust coverage and throughput to end users using a combination of NGSO and GSO satellites.31 We find that it is possible with a high degree of coordination among operators for ESIMs to communicate with GSO FSS satellites in the 18.8–19.3 GHz (space-to-Earth) and 28.6–29.1 GHz (Earth-to-space) bands without causing interference to NGSO FSS systems. Inmarsat, for example, states that ‘‘[t]echniques for managing interference between FSS systems are well understood’’ and the ‘‘introduction of ESIMs into FSS spectrum does not materially change these interference scenarios.’’ 32 ViaSat concurs, asserting that ‘‘[i]t is well-established that ESIMs can perform within the same technical envelope as fixed earth stations through highly accurate antenna pointing mechanisms and compliance with appropriate power limits’’ and ‘‘[t]herefore, in the 18.8–19.3 GHz and 28.6–29.1 GHz (Earth-to-space) bands, where the Commission has determined that the GSO FSS successfully can operate on a secondary basis to the NGSO FSS, adding ESIMs would not change this conclusion.’’ 33 We agree with these commenters that it is technically feasible for ESIMs to communicate with GSO FSS space stations in these bands without causing interference to NGSO FSS systems provided the operators coordinate their operations. GSO earth stations transmitting to a GSO space station would have to stop transmissions whenever an NGSO space station using the same frequency band is within the earth station transmitting beam. Similarly, during transmissions from 30 Viasat FNPRM Comments at 2. FNPRM Reply Comments at 4. 32 Inmarsat FNPRM Comments at 3. 33 Viasat FNPRM Comments at 3. 31 Boeing VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 GSO space stations, GSO space station operators will need to take into account the presence of a beam through which an earth station is receiving cofrequency signals from an NGSO space stations. Such co-existence will necessitate a high degree of coordination between the GSO and NGSO systems to ensure interference does not result to NGSO FSS operations and, when authorizing ESIMs to communicate with GSO FSS satellites in these bands, the secondary nature of such communications will need to be fully taken into account.34 We agree with Boeing that the priority of NGSO FSS systems in these frequencies is critical to their growth and operation.35 As explained by Telesat, the demand for ‘‘mobile aeronautical, maritime and land services is one of the key drivers of the burgeoning NGSO demand for this spectrum.’’ 36 While recognizing that it would be inequitable to alter the regulatory status between NGSO and GSO FSS systems in the 18.8–19.3 GHz (space-to-Earth) and 28.6–29.1 GHz (Earth-to-space) frequency bands, allowing communications between ESIMs and GSO FSS satellites in these frequency bands on an unprotected, non-interference basis with respect to NGSO FSS satellite systems leads to more efficient use of spectrum without imposing a burden on NGSO FSS operations in this band.37 The GSO system, operating on a non-interference, non-protected basis, is expected to show, to the NGSO system satisfaction, that it is capable of protecting the NGSO’s operation. The only burden on the NGSO system is to examine the GSO 34 The Commission has been requiring that, in these bands, GSO operations with fixed earth stations must accept interference from and not cause harmful interference to NGSO operations. See, e.g. Satellite Policy Branch Information Action Taken, Report No. 01258 (IBFS File No. SAT–LOA– 20160624–00061) Aug. 4, 2017, Jupiter 2 Grant at condition 5. A similar condition would be imposed on ESIMs operations. Operations with ESIMs are no different, as ESIMs are supposed to operate as a fixed earth station that can be anywhere within the satellite beam. 35 Boeing FNPRM Reply Comments at 5. 36 Telesat FNPRM Reply Comment at 3. 37 Boeing FNPRM Comments at 6–8 (asking the Commission to be diligent in ensuring the subordinate status of GSO FSS networks vis-a`-vis NGSO FSS operations); SES FNPRM Comments at 2 (stating that SES supports allowing GSO ESIM use of these frequency bands, provided that the Commission adopts its proposal to specify that GSO operations in the band segments are ‘‘on an unprotected, non-interference basis with respect to NGSO FSS satellite systems’’ to ensure NGSO use of these critical frequencies is not impaired). As discussed below, we reject Echostar’s proposal to give equal status to ESIMs operating with GSO and NGSO space stations as this would contradict the secondary designation of GSO systems in these bands. See infra paras. 32–33. PO 00000 Frm 00091 Fmt 4700 Sfmt 4700 44775 showing in good faith to determine its acceptability. Accordingly, we will allow ESIMs to communicate with GSO FSS satellites in the 18.8–19.3 GHz (space-to-Earth) and 28.6–29.1 GHz (Earth-to-space) bands on an unprotected, non-interference basis with respect to NGSO FSS satellite systems.38 Both these bands are allocated to FSS on a primary basis, but GSO FSS operations are conducted on an unprotected, non-interference basis with respect to NGSO FSS.39 We find that the record supports allowing ESIMs to communicate with GSO FSS satellites in these bands, consistent with the existing status of GSO FSS vis-a`-vis NGSO FSS. General Issues The Commission sought comment on any possible effects that expanding the frequencies available to ESIMs communicating with GSO FSS satellite networks may have on other services in these frequency bands or adjacent frequency bands in the United States.40 National Academy of Sciences’ Committee on Radio Frequencies (CORF) expresses concern about other services and adjacent bands.41 In addition, Boeing proposes that consideration be given to opening the 19.4–19.6 GHz band to both GSO and NGSO FSS systems, including those operating with ESIMs.42 CORF expresses concerns regarding potential interference to protected passive scientific observations caused by GSO FSS downlink transmissions to ESIMs.43 Specifically, CORF is concerned that the reception of GSO FSS satellite signals by ESIMs in the 10.7–10.95 GHz, 17.8–18.3 GHz, 18.8– 19.3 GHz (space-to-Earth), and 19.6– 19.7 GHz (space-to-Earth) bands, which, CORF asserts, could result in additional interference to Earth explorationsatellite service systems and radio astronomy service operating in adjacent frequencies. CORF advocates for more stringent out-of-band emissions limits for GSO FSS satellite signals that would be received by ESIMs using the 10.7– 38 See Appendix B (where a reference to footnote NG527A has been added to the 18.8–19.3 GHz band in the non-Federal Table and where the text of footnote NG527A has been revised accordingly). 39 47 CFR 2.106, NG165 (stating, ‘‘In the bands 18.8–19.3 GHz and 28.6–29.1 GHz, geostationarysatellite networks in the fixed-satellite service shall not cause harmful interference to, or claim protection from, non-geostationary-satellite systems in the fixed-satellite service.’’). 40 ESIMs GSO FSS FNPRM, 32 FCC Rcd at 9354, para. 90. 41 See generally CORF FNPRM Comments. The FWCC’s concerns were previously addressed in the discussion on the individual frequency bands. 42 Boeing FNPRM Reply Comments. 43 See generally CORF FNPRM Comments. E:\FR\FM\24JYR1.SGM 24JYR1 44776 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations 10.95 GHz band.44 CORF also suggests that the Commission prohibit the reception of satellite signals by ESIMs in the bottom 25 megahertz portion of the 10.7–10.95 GHz band in order to create a guard band to further protect scientific monitoring by Earth explorationsatellite service systems.45 We decline to adopt new limits on out-of-band emissions or prohibitions on GSO FSS downlink use in this proceeding. References to ESIMs communications with GSO FSS satellites as ‘‘ESIM downlinks’’ are inaccurate, and concerns regarding the difficulty of addressing interference from ‘‘moving targets’’ are misplaced, because the only transmissions in the frequency ranges discussed by CORF will be from GSO satellites, not from ESIM terminals.46 Accordingly, CORF concerns are not with ESIMs, which solely receive in the frequency bands that CORF identified as being of concern, but rather with the space-toEarth transmissions of GSO FSS satellites, which are not the subject of this rulemaking. In this respect, we note that the Commission’s rules already impose specific limits on out of band emissions in the frequency bands and services at issue here.47 Possible revisions to these limits are the subject of a separate rulemaking.48 In addition, as mentioned above, protection of radio astronomy service observations is also ensured through specific footnotes to the U.S. Table of Allocations.49 Additionally, CORF expresses concern about the use of the 18.6–18.8 GHz (space-to-Earth) band, which was not proposed as an additional frequency band for communications of ESIMs with NGSO FSS satellites.50 This band is allocated for passive scientific observation use on a co-primary basis with GSO FSS in the space-to-Earth direction, with GSO FSS downlinks subject to power flux density limits designed to protect other authorized spectrum users.51 Specifically, CORF states that any new use by ESIMs in these frequency bands should be mindful of the need to preserve the extensive existing scientific use of the 18.6–18.8 GHz (space-to-Earth) band.52 44 CORF FNPRM Comments at 8. FNPRM Comments at 9. 46 SES FNPRM Reply Comments at 2–3. 47 47 CFR 25.202(f). 48 Further Streamlining Part 25 Rules Governing Satellite Services, Notice of Proposed Rulemaking, 33 FCC Rcd 11502, 11507–08, paras. 18–19 (rel. Nov. 19, 2018) (2018 Part 25 Further Streamlining Notice). 49 47 CFR 2.106, US211 and US246. 50 See generally CORF FNPRM Comments. 51 47 CFR 2.106, US255. 52 CORF FNPRM Comments at 10. jbell on DSKJLSW7X2PROD with RULES 45 CORF VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 The Commission has previously concurred with this need,53 and no further action is appropriate because the 18.6–18.8 GHz band is not one of the additional frequency bands included in this proceeding.54 Boeing proposes to open the 19.4– 19.6 GHz band to both GSO and NGSO FSS systems, including those operating with ESIMs, on a secondary basis with respect to feeder links to NGSO MSS space stations operating in these frequencies.55 Boeing argues that GSO and NGSO FSS systems are already permitted to operate below 19.4 GHz and above 19.6 GHz, so the reception of these transmissions by ESIMs will not alter the spectrum sharing conditions.56 We disagree. As Iridium accurately notes, the Ka-band plan and U.S. Table of Frequency Allocations prohibit any earth station—fixed, in motion, individually-licensed, or blanketlicensed—from communicating with an FSS space station in this frequency band.57 Further, Iridium points out that this proposal is beyond the scope of the current rulemaking.58 We agree with Iridium, and find that this proceeding is not the appropriate forum to address Boeing’s proposal. Regulatory Framework for Communications of ESIMs With NGSO Satellites (IB Docket No. 18–315) In the ESIMs NGSO NPRM, the Commission sought comment on allowing ESIMs to communicate with NGSO FSS satellites in the 11.7–12.2 GHz (space-to-Earth); 14.0–14.5 GHz (Earth-to-space); 18.3–18.6 GHz (spaceto-Earth); 19.7–20.2 GHz (space-toEarth); 28.35–28.6 GHz (Earth-to-space); and 29.5–30.0 GHz (Earth-to-space) bands, as well as the 18.8–19.3 GHz (space-to-Earth), and the 28.6–29.1 GHz (Earth-to-space) bands, the 10.7–11.7 GHz (space-to-Earth) bands, the 17.8– 18.3 GHz (space-to-Earth) band, and the 19.3–19.4 GHz and 19.6–19.7 GHz (space-to-Earth) bands, 59 which encompass most of the same 53 GSO ESIMs Report & Order and FNPRM, 33 FCC Rcd at 9347–48, para. 63. 54 We note that GSO FSS space-to-Earth operations are already subject to prior coordination with Federal users in this band pursuant to footnote US334 to the U.S. Table. 47 CFR 2.106, US334. 55 Boeing FNPRM Comments at 5–6. 56 Id. at 6. 57 Iridium FNPRM Reply Comments at 1–2. 58 Id. at 2–3. 59 FSS operation in the 18.6–18.8 GHz band is limited to communications with GSO space stations. 47 CFR 2.106 NG164. Transmissions to NGSO space stations in the 29.25–29.5 GHz band are limited to feeder links to MSS space stations. See 47 CFR 2.106 NG535A. Thus, the frequency bands 18.6–18.8 GHz (space-to-Earth) and 29.25– 29.5 GHz (Earth-to-space) were not included in the proposed bands for ESIMS NGSO FSS operations. PO 00000 Frm 00092 Fmt 4700 Sfmt 4700 conventional Ku-band, extended Kuband, and Ka-band frequencies that were allowed or proposed for communications of ESIMs with GSO FSS satellites.60 Second, the Commission sought comment on extending blanket earth station licensing, which is available to ESIMs communicating with GSO FSS satellites, to ESIMs communicating with NGSO FSS satellites in frequency bands in which NGSO FSS systems have a primary status, or have been found to be able to operate on a secondary or nonconforming basis, without causing interference to primary users of the bands.61 Finally, the Commission sought comment on revisions to specific rule provisions to implement these changes.62 As a general matter, we conclude that the public interest is served by adopting a regulatory framework for communications of ESIMs with NGSO FSS satellites that is analogous to that which exists for ESIMs communicating with GSO FSS satellites and offers a similar streamlined path to deployment. Given the growing number of NGSO FSS entities that propose to provide service to earth stations at fixed locations as well as to ESIMs,63 it is important to have streamlined rules in place for NGSO ESIMs operations, both for parity among ESIM operators and regulatory certainty for potential operators.64 Doing so will facilitate the spread of accessible, broadband 60 NGSO ESIMs NPRM, 33 FCC Rcd at 11418–19, para. 7; ESIMs Report and Order and Further Notice, 32 FCC Rcd at Appendix F (proposing frequencies available for ESIMs in a revision to § 25.202(a)(10)). 61 NGSO ESIMs NPRM, 33 FCC Rcd at 11420, para. 15. 62 The Commission did not seek comment on, and we do not address here, the operations of traditional NGSO satellite constellations offering mobilesatellite service (MSS), such as those operated by Iridium LLC, Globalstar, Inc., or ORBCOMM License Corp. 63 During the preceding years, licenses or grants of U.S. market access have been given to a number of NGSO FSS satellite providers. See, e.g., O3b Limited, Request for Modification of U.S. Market Access for O3b Limited’s Non-Geostationary Satellite Orbit System in the Fixed-Satellite Service and in the Mobile-Satellite Service, Order and Declaratory Ruling, 33 FCC Rcd. 5508 (2018); Space Exploration Holdings, LLC, Application for Approval for Orbital Deployment and Operating Authority for the SpaceX NGSO Satellite System, Memorandum Opinion, Order and Authorization, 33 FCC Rcd 3391 (2018); Telesat Petition for Declaratory Ruling to Grant Access to the U.S. Market for Telesat’s NGSO Constellation, Order and Declaratory Ruling, 32 FCC Rcd. 9663 (2017); WorldVu Satellites Limited, Petition for Declaratory Ruling Granting Access to the U.S. Market for the OneWeb NGSO FSS System, Order and Declaratory Ruling, 32 FCC Rcd 5366 (2017). 64 Letter from Ryan W. King, Vice President & Head of Legal, Americas, Speedcast Americas Inc. to Marlene H. Dortch, Secretary, Federal Communications Commission (filed Sept. 25, 2019). E:\FR\FM\24JYR1.SGM 24JYR1 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations mobility services; 65 promote global spectrum harmonization, allow customers to take advantage of seamless connectivity; 66 increase investment in NGSO FSS capacity that can serve remote and rural areas and provide restoration if terrestrial networks are damaged due to natural disasters; 67 and ensure that antenna manufacturers are able to bring their antennas to the market quickly, enabling a faster return on their investment, and thus making the U.S. a desirable market in which to introduce innovative new equipment.68 We agree with many of the public interest benefits expressed in the record of the proceeding and adopt the framework discussed in the NGSO ESIMs NPRM. Ku- and Ka- Frequency Bands jbell on DSKJLSW7X2PROD with RULES 11.7–12.2 GHz, 14.0–14.5 GHz, 18.3– 18.6 GHz, 19.7–20.2 GHz, 28.35–28.6 GHz, and 29.5–30.0 GHz.—The Commission sought comment on allowing, to the extent feasible, ESIMs to communicate with NGSO FSS systems in the Ku- and Ka-bands where the Commission’s rules allow ESIM communications with GSO FSS space stations. The Commission proposed to allow ESIMs to communicate with NGSO FSS systems under the existing primary FSS allocation in the following six frequency bands: 11.7–12.2 GHz (space-to-Earth); 14.0–14.5 GHz (Earthto-space); 18.3–18.6 GHz (space-toEarth); 19.7–20.2 GHz (space-to-Earth); 28.35–28.6 GHz (Earth-to-space); and 29.5–30.0 GHz (Earth-to-space).69 There are no allocations to terrestrial services in any of these bands. Under the Commission’s rules, NGSO FSS operations cannot cause interference to, or claim protection from, GSO FSS networks.70 Accordingly, the Commission sought comment on adding new paragraphs to footnote NG527A of the Table of Frequency Allocations set forth at 47 CFR 2.106 to indicate that ESIMs can operate with NGSO FSS space stations in these six frequency bands. 65 ESIM Coalition NPRM Comments at 5, SES and O3b NPRM Comments at 1, 3. See also Letter from Mariah Dodson Shuman, Corporate Counsel, Project Kuiper, Kuiper Systems LLC to Marlene H. Dortch, Secretary, Federal Communications Commission (filed Nov. 26, 2019). 66 SES and O3b NPRM Comments at 4, 5–6. 67 Id. at 5. 68 SES and O3b NPRM Comments at 5; Viasat NPRM Comments at 3. 69 ESIMs NGSO FSS NPRM, 33 FCC Rcd at11419, para. 9. T-Mobile asks the Commission to clarify that its proposals in this proceeding will not expand use of ESIM operations in the 3.7–4.2 GHz band. T-Mobile NPRM Comments at 1–3. We so clarify here. 70 47 CFR 25.289. VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 We adopt the proposal to add a paragraph to footnote NG527A to specify that ESIMs may be authorized to communicate with NGSO FSS satellites in these six bands, with the exception of the 28.35–28.4 GHz band, under the existing primary FSS allocation. Many commenters agree that the Commission should adopt its proposal to allow ESIMs to communicate with NGSO FSS systems on a primary basis in these frequency bands.71 For example, the ESIM Coalition supports adoption of the proposal to add a paragraph to footnote NG527A to indicate that ESIMs can operate with NGSO FSS satellites in these six frequency bands.72 This will ensure that the part 25 rules accurately reflect the current NGSO–GSO sharing framework and extend this well accepted framework to NGSO FSS operations with ESIMs. Some concerns, however, were recently raised about potential interference from out-of-band emissions of ESIMs in the 28.35–28.6 GHz band into the adjacent 27.5–28.35 GHz band used by UMFUS, generated by ESIM transmissions to NGSO FSS space stations in frequencies above 28.35 GHz.73 Contrarily, others have argued that the Commission already considered and dismissed similar concerns when it authorized ESIMs to communicate with GSO satellites, and the authorization of ESIM communications with NGSOs does not raise any new concerns.74 Given these differences of opinion, we are initiating a Further Notice to further develop the record on these issues. As such, we will not permit ESIM operations with NGSO FSS space stations in the lowest 50 megahertz of the 28.35–28.6 GHz band (28.35–28.4 GHz), subject to further consideration. However, in the interest of avoiding delay in potential ESIMs operations in the remaining 200 megahertz of the 28.35–28.6 GHz band, we will permit the filing and processing of ESIMs 71 ESIM Coalition NPRM Comments at 2–3; Hughes NPRM Comments at 3. 72 See also SES and O3b NPRM Comments at 7. 73 Letter from Daudeline Meme, Verizon and US Cellular to Marlene H. Dortch, Secretary, Federal Communications Commission (filed May 4, 2020) (Verizon May 4 Ex Parte Letter). 74 Letter from Suzanne Malloy, Vice President of Regulatory Affairs for SES Americom, Inc. and O3b Limited, Kimberly M. Baum Vice President, Regulatory Affairs Hughes Network Systems, LLC, and EchoStar Satellite Services, L.L.C. to Marlene H. Dortch, Secretary, Federal Communications Commission (filed May 6, 2020) (SES Americom, Inc. and O3b Limited, Inmarsat, Inc., Hughes Network Systems, LLC, and EchoStar Satellite Services, L.L.C. May 6 Ex Parte Letter); Letter from John P. Janka, Chief Officer, Global Government Affairs & Regulatory, Viasat, Inc. to Marlene H. Dortch, Secretary, Federal Communications Commission (filed May 6, 2020) (Viasat May 6 Ex Parte Letter). PO 00000 Frm 00093 Fmt 4700 Sfmt 4700 44777 applications for use of spectrum between 28.4–28.6 GHz, with any grants conditioned on compliance with any future determinations made in this proceeding. Based on the current record, we do not anticipate that ESIM operations above 28.4 GHz will have a significant out-of-band emissions impact on UMFUS operation below 28.35 GHz.75 Additionally, should parties have concerns about specific applications for ESIMs use, they can be addressed as part of the public comment review process for each ESIM application filed before the Commission. Before granting any of these applications, the possible need to require more stringent limits than those in § 25.202(f), even for ESIM operations with NGSO FSS space stations above 28.4 GHz, can be considered and addressed as appropriate. Several commenters believe that the use of the term ‘‘primary’’ to describe the status of communications of ESIMs with NGSO FSS satellites in these six bands is potentially confusing because of the need of such communications to protect GSO FSS operations.76 We clarify here and in the new paragraph (c) to footnote NG527A, that NGSO ESIMs operations in these bands are on an unprotected, non-interference basis only with respect to GSO FSS operations. As Intelsat correctly states, we do not propose to elevate the NGSO protection status vis-a`-vis GSO operations.77 Rather, communications of ESIMs with NGSO FSS satellites is an application in the FSS,78 which has a primary allocation in these bands.79 The rules for communications of ESIMs with both NGSO and GSO satellites maintain the existing protection status offered to GSO operations vis-a`-vis NGSO operations, which is articulated in the proposed revision to footnote NG527A. In other words, NGSO ESIM operations will be provided the same protections, and have the same obligations, as NGSO FSS already possesses. This includes the obligation for NGSO FSS to protect GSO FSS—including GSO FSS communications to ESIMs—in these frequency bands under part 25 of the Commission’s rules.80 75 As per § 25.202(f), ESIM emissions will be attenuated by approximately 35 dB at 28.35 GHz. 76 ESIMS Coalition NPRM Comments at 2–3; Intelsat NPRM Reply Comments at 2. 77 Intelsat NPRM Reply Comments at 2. 78 See U.S. Table of Frequency Allocations, 47 CFR 2.106, n. NG527A. 79 Id. 80 47 CFR 25.289 (stating that, unless provided otherwise, ‘‘an NGSO system licensee must not cause unacceptable interference to, or claim protection from, a GSO FSS . . . network’’). E:\FR\FM\24JYR1.SGM 24JYR1 44778 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES Some commenters noted the Commission used the term ‘‘harmful interference’’ in some contexts and ‘‘unacceptable interference’’ in the NPRM.81 The specific obligation on NGSO FSS operations is that they do not cause unacceptable interference to GSO FSS networks.82 We believe that ‘‘unacceptable interference’’ is the appropriate term to use here.83 To the extent that ‘‘harmful interference’’ was used elsewhere in the ESIMs NGSO NPRM, we clarify that there was no intent to alter the ‘‘unacceptable interference’’ obligation. 18.8–19.3 GHz and 28.6–29.1 GHz.— The Commission proposed to allow ESIMs to communicate with NGSO FSS systems on a primary basis in the 18.8– 19.3 GHz (space-to-Earth), and the 28.6– 29.1 GHz (Earth-to-space) bands. In these bands, there are no terrestrial allocations, and GSO FSS operations are secondary with respect to NGSO FSS. Accordingly, the Commission sought comment on adding a new paragraph (e) to footnote NG527A to indicate that ESIMs can operate both with a GSO FSS space station and with NGSO FSS systems in these two frequency bands, but that GSO FSS operations in these bands must not cause unacceptable interference to, or claim protection from, NGSO FSS networks.84 We adopt this proposal. Boeing and other commenters support this proposal.85 Boeing asserts that the Commission already appropriately treats ESIMs as a permitted application of FSS, employing the same frequency allocation and protection rights as FSS.86 Hughes, on the other hand, supports permitting NGSO ESIM operation in the 18.8–19.3 GHz (spaceto-Earth) and 28.6–29.1 GHz (Earth-tospace) bands, not on a primary basis as the Commission proposes, but ‘‘with a status equal to that of any GSO operation that takes place in the frequency band.’’ 87 Hughes notes that, to date, the Commission has authorized use of these bands by GSO FSS on a secondary basis with respect to communications between NGSO systems and fixed earth stations, and that Hughes has successfully entered 81 ESIMs Coalition NPRM Comments at 3; SES and O3b NPRM Comments at 8; Intelsat NPRM Reply Comments at 3. 82 47 CFR 25.289. 83 See 47 CFR 25.289; ESIMs NGSO FSS NPRM, 33 FCC Rcd at 11425–28, App. A. (The Commission used the term ‘‘unacceptable interference’’ in proposed footnote NG527A). 84 ESIMs NGSO FSS NPRM, 33 FCC Rcd at 11419, para. 10. 85 See Boeing NPRM Comments at 7; ESIM Coalition at 3; SES and O3b NPRM Comments at 8. 86 Boeing NPRM Comments at 7. 87 Hughes NPRM Comments at 4. VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 into coordination agreements with several NGSO system operators to utilize these frequency bands in its GSO satellite networks, with the expectation that coordination would require analysis only of networks with fixed earth stations.88 According to Hughes, allowing NGSO ESIMs to operate on a primary basis would complicate the ability of GSO licensees to seek coordination agreements with NGSO systems that will allow these frequency bands to be used with maximum efficiency.89 Therefore, Hughes argues the Commission should permit all GSO operations and ESIM NGSO operations to have equal status, with each having secondary status with respect to fixed earth stations communicating with NGSO satellites in these frequency bands.90 We agree with Boeing that Hughes’ proposal overreaches with respect to the appropriate regulatory treatment of ESIMs operating in the 18.8–19.3 GHz (space-to-Earth) and the 28.6–29.1 GHz (Earth-to-space) bands.91 As Hughes acknowledges, these frequency bands constitute one of the few FSS allocations where NGSO FSS systems have priority over GSO FSS networks.92 Nonetheless, Hughes urges the Commission to treat ESIMs operations with NGSO FSS systems as co-equal with GSO FSS networks in this spectrum.93 As the Commission has stated, ‘‘limiting the primary designation in these frequency bands to NGSO FSS systems will give operators of these systems greater flexibility in the coordination discussions and ultimate deployment.’’ 94 Further, we agree with Boeing that Hughes’ private agreements with certain NGSO FSS operators are immaterial to Commission policy regarding the rights of future NGSO FSS systems.95 Accordingly, we decline to lower the status of ESIMs 88 Id. at 4–5. Letter from Jennifer A. Manner, Senior Vice President, Regulatory Affairs, Hughes Network Systems, to Marlene H. Dortch, Secretary, Federal Communications Commission, IB Docket No. 18– 315, at 2 (Apr. 19, 2019). 91 Boeing NPRM Reply Comments at 2. 92 Hughes NPRM Reply Comments at 4. As Boeing notes, Hughes does not explain how its proposal for co-equal status would work. Presumably, however, Hughes’ existing Ka-band GSO FSS operations would have first-in-time priority over ESIMs operating with NGSO FSS systems given the fact that ESIMs are not yet authorized in this spectrum. Boeing NPRM Reply Comments at 3. 93 Hughes NPRM Comments at 4. 94 See Update to Parts 2 and 25 Concerning NonGeostationary, Fixed-Satellite Service Systems and Related Matters, Report and Order and Further Notice of Proposed Rulemaking, 32 FCC Rcd 7809, 7814–15, ¶ 14 (2017) (NGSO FSS Report and Order). 95 Boeing NPRM Reply Comments at 3. PO 00000 89 Id. 90 See Frm 00094 Fmt 4700 Sfmt 4700 communicating with NGSO FSS satellites below that of other earth stations communicating with NGSO FSS satellites. Viasat argues that the Commission must ensure that any primary NGSO ESIM operations that may be allowed in the 18.8–19.3 GHz (space-to-Earth) and 28.6–29.1 GHz (Earth-to-space) band segments within the United States do not impact GSO operations outside of the United States, where GSO and NGSO systems are co-primary and are subject to ITU coordination requirements.96 Similarly, Hughes requests that the Commission clarify that while GSO operations are secondary to NGSO operations in the United States in these frequency bands, the services are co-primary outside the United States.97 As has been the Commission’s policy in other situations involving operations outside the United States, ESIM operations in a NGSO FSS system licensed by the United States will: (i) Have higher status than operations in a GSO FSS satellite network licensed by the United States anywhere in the world; (ii) have higher status than operations in a GSO FSS satellite network that holds a grant to access the U.S. market only for communications to or from the U.S. territory; and (iii) be co-primary with a GSO FSS satellite network in all other cases.98 In addition, CORF raises concerns regarding the Earth exploration-satellite service co-primary allocation at 18.6– 18.8 GHz (space-to-Earth).99 Specifically, CORF is concerned that NGSO ESIM operations in 18.3–18.6 GHz (space-to-Earth) and 18.8–19.3 GHz (space-to-Earth) may contaminate Earth exploration-satellite service observations, as radio interference from moving targets is even more difficult to flag and remove than interference from fixed stations.100 CORF also notes that increased usage of the adjacent bands may degrade this band if out-of-band emissions are not severely curtailed.101 CORF raised similar arguments against operation in these bands in the context of ESIM operation with GSO FSS satellites. As we noted in addressing their arguments there, CORF’s concerns are not with ESIMs, which solely receive in the frequency bands that CORF identified as being of concern, but rather with the space-to-Earth 96 Viasat NPRM Comments at 5. NPRM Reply Comments at 1–2. 98 NGSO FSS Report and Order, 32 FCC Rcd at 7814–15, para. 14. 99 See CORF NPRM Comments. 100 Id. at 12. 101 Id. at 13. 97 Hughes E:\FR\FM\24JYR1.SGM 24JYR1 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations transmissions of NGSO satellites, which are not the subject of this rulemaking.102 Therefore, as before, we note that the Commission’s rules already impose specific limits on out of band emissions. Kymeta argues for even further streamlining than the Commission has proposed.103 For example, in the case of existing licensees seeking to operate with NGSO satellite systems on a primary basis in the 28.6–29.1 GHz (Earth-to-space) band, Kymeta states that no additional technical information should be required.104 Further, Kymeta requests the Commission to find that for existing licensees seeking to operate with NGSO satellite systems on a primary or secondary basis in all other authorized Ku-band and Ka-band frequencies, the only additional technical showing required would be a demonstration that the ESIM complies with the equivalent power flux density up limits referenced in § 25.289. While other commenters do not oppose Kymeta’s proposals as a general matter, commenters disagree about the specific technical showing that should be required.105 We note that such proposals are well beyond the current rulemaking. Moreover, any showing of the kind proposed by Kymeta would be more appropriately provided by the licensee of the NGSO FSS system since equivalent power flux density limits refer to the aggregate of all emissions within the system. We therefore decline to adopt Kymeta’s proposals at this time. 10.7–11.7 GHz.—The Commission sought comment on allowing ESIMs to receive signals from NGSO FSS space stations in the 10.7–11.7 GHz (space-toEarth) band, on an unprotected basis, with respect to transmissions from nonFederal fixed service stations. FSS and fixed service are co-primary in these frequency bands, and receive terrestrial stations are protected by existing power flux density limits on space station transmissions.106 Accordingly, the Commission sought comment on revising paragraph (a) of footnote NG527A to indicate that ESIMs can operate with NGSO FSS systems on an unprotected basis with regard to nonFederal fixed service in this frequency band. Many commenters support this proposal.107 Also, in this frequency band, NGSO FSS operations must not cause unacceptable interference to, or jbell on DSKJLSW7X2PROD with RULES 102 See supra para. 22. NPRM Comments at 4–5. 104 Id. at 4. 105 See, e.g. SES NPRM Reply Comments at 8. 106 47 CFR 25.146(a)(1). 107 Boeing NPRM Comments at 8; Hughes NPRM Comments at 5; Kepler NPRM Comments at 2; Viasat NPRM Comments at 4. 103 Kymeta VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 claim protection from, GSO FSS networks.108 Boeing states that the downlink transmissions from NGSO FSS satellites to ESIMs will be indistinguishable from existing NGSO FSS downlink transmissions.109 We agree with Boeing and find that the operation of ESIMs in this band will be indistinguishable from other NGSO FSS operations. Because the mechanisms the Commission already has in place to protect GSO FSS networks from NGSO FSS will also provide protection against NGSO ESIM operations, we adopt the revisions proposed to paragraph (a) of footnote NG527A, which will allow ESIMs to operate on an unprotected basis with regard to non-Federal fixed service in this frequency band.110 CORF asserts that there is a significant risk of interference to radio astronomy observations from downlinks in the 10.7–11.7 GHz band.111 We agree that protection of these services is important but find that existing protections are sufficient to guard against interference to radio astronomy operations. CORF suggests protection of the primary allocation of Earth exploration-satellite service in the 10.68–10.70 GHz portion of the frequency band either through use of a guard band of 25 megahertz, so that the lowest frequency of this ESIM downlink band would be 10.725 GHz, or through use of a more stringent out-ofband emission standard for ESIM downlinks to protect Earth explorationsatellite service observations in the 10.68–10.70 GHz band.112 As CORF notes, however, radio astronomy service observations in the 10.6–10.7 GHz band 113 are already entitled to protection under the Commission’s rules,114 as established by footnote 108 47 CFR 25.289. Commenters here again raise the issue of use of the term ‘‘unacceptable interference’’ versus ‘‘harmful interference’’ in the NPRM. See, e.g., SES and O3b NPRM Comments at 8. This issue is addressed at paragraph 30, supra. 109 Boeing NPRM Comments at 8. 110 Consistent with our decision in paragraph 8 above, we revise footnote NG527A to allow ESIMs to communicate with NGSO satellites, subject to the conditions that ESIMs may not claim protection from transmissions from non-Federal fixed service stations and that NGSO FSS systems may not cause unacceptable interference to, or claim protection from, GSO FSS networks. See Appendix B, NG527A. 111 CORF NPRM Comments at 8. 112 Id. at 9–10. 113 As we note in fn 27, CORF mentions 10.6–11.7 GHz on page 7 of its FNPRM Comments. However, it is clear from the context that their intention was to reference the 10.6–10.7 GHz band which has a primary allocation to the Radio Astronomy Services. 47 CFR 2.106. 114 Id. In the 10.68 GHz-10.70 GHz portion of the frequency band, radio astronomy service has a primary allocation and is protected domestically by footnote US246, and by RR No. 5.340 worldwide. Pursuant to US246, ‘‘[n]o station shall be authorized to transmit’’ at 10.68–10.7 GHz, and pursuant to RR PO 00000 Frm 00095 Fmt 4700 Sfmt 4700 44779 US74, which states that ‘‘the radio astronomy service shall be protected from unwanted emissions only to the extent that such radiation exceeds the level which would be present if the offending station were operating in compliance with the technical standards or criteria applicable to the service in which it operates.’’ 115 Since our actions today do not change this balance that the rules strike, and since the question of modifying the current protection of radio astronomy observation is part of an ongoing Commission proceeding regarding out-of-band-emissions,116 the appropriate forum to address these requests is that proceeding. Accordingly, we decline to address those requests here. CORF also asks the Commission to include a requirement for NGSO operators transmitting in the 10.7–11.7 GHz band to coordinate with radio astronomy observatories; however, as CORF acknowledges, such a requirement is already included in footnote US131.117 17.8–18.3 GHz.—The Commission sought comment on allowing ESIMs to receive signals from NGSO FSS systems on a secondary basis in the 17.8–18.3 GHz (space-to-Earth) band. This frequency band is allocated to the fixed service on a primary basis and, given the FSS secondary status, ESIM receive earth stations are not entitled to protection. Protection of terrestrial operations in this band will be ensured by imposing on space station transmissions the appropriate power flux density limits.118 Accordingly, the Commission sought comment on adding a paragraph to footnote NG527A to indicate that ESIMs can operate on a secondary basis with regard to nonFederal fixed service in this frequency band, both with a GSO FSS space station and with NGSO FSS systems.119 The ESIM Coalition and other commenters support the proposal to allow ESIMs to receive signals from 5.340, ‘‘[a]ll emissions are prohibited’’ at 10.68–10.7 GHz. See 47 CFR 2.106, US246. Similarly, in footnote US211, applicants for airborne or space station assignments at, among other frequency bands, 10.7–11.7 GHz, are urged to take all practicable steps to protect radio astronomy observations in the adjacent bands from harmful interference. 47 CFR 2.106, US211; see also 47 CFR 2.106, US131 (requiring prior coordination with specific radio astronomy service sites). 115 47 CFR 2.106, US74. 116 CORF NPRM Comments at 9–10. See 2018 Part 25 Further Streamlining Notice, 33 FCC Rcd at 11507–08, paras. 18–19. 117 CORF NPRM Comments at 8–9; 47 CFR 2.106, US131. 118 47 CFR 25.146(a)(1). 119 In this band, NGSO FSS operations must not cause unacceptable interference to, or claim protection from, GSO FSS networks. See 47 CFR 25.289. E:\FR\FM\24JYR1.SGM 24JYR1 44780 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES NGSO FSS space stations on a secondary basis in the 17.8–18.3 GHz (space-to-Earth) band, and no commenter opposed this proposal.120 As the Commission explained in the NGSO ESIMs NPRM,121 NGSO ESIMs can ensure adequate protection of terrestrial operations via compliance with the existing International Telecommunication Union power flux density limits, currently codified in the Commission’s rules.122 Accordingly, we adopt the proposed addition of paragraph (d) to footnote NG527A. 19.3–19.4 GHz and 19.6–19.7 GHz.— The Commission sought comment on allowing ESIMs to receive signals from NGSO FSS space stations in the 19.3– 19.4 GHz and 19.6–19.7 GHz (space-toEarth) bands, on an unprotected basis, with respect to transmissions from nonFederal fixed service stations. FSS and fixed service are co-primary in these frequency bands, and receive terrestrial stations are protected by imposing the appropriate power flux density limits on space station transmissions.123 In addition, NGSO FSS operations must not cause unacceptable interference to, or claim protection from, GSO FSS networks.124 Accordingly, the Commission sought comment on revising footnote NG527A to indicate that ESIMs can operate with NGSO FSS systems in these two frequency bands on an unprotected basis with regard to non-Federal fixed service. The Commission also proposed revisions to footnote NG527A to indicate that ESIMs can operate with NGSO FSS systems in these two frequency bands, provided that NGSO FSS operations not cause unacceptable interference to, or claim protection from, GSO FSS satellite networks.125 Commenters support all of these proposals and raise no concerns.126 Accordingly, we further revise paragraph (a) of footnote NG527(A) to state that NGSO ESIM operations in the 19.3–19.4 GHz and 19.6–19.7 GHz (space-to-Earth) bands may be authorized on an unprotected basis with respect to fixed service and NGSO FSS systems operating with ESIMs may be authorized on an unprotected, non120 Boeing NPRM Comments at 10; ESIM Coalition NPRM Comments at 4; SES and O3b NPRM Comments at 8; Viasat Comments at 4. 121 ESIMs FSS NGSO NPRM, at para. 13. 122 ESIM Coalition NPRM Comments at 4; see also 47 CFR 25.146(a)(1). 123 47 CFR 25.146(a)(1). 124 47 CFR 25.289. 125 ESIMs NGSO NPRM, 33 FCC Rcd at 11420, para. 12. 126 Boeing NPRM Comments at 8; ESIM Coalition NPRM Comments at 4; OneWeb NPRM Comments at 10; SES and O3b NPRM Comments at 8; Viasat NPRM Comments at 4. VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 interference basis with respect to GSO FSS satellite networks.127 Additional Frequency Bands Several parties filed comments requesting that we consider including frequency bands that were not proposed in the NGSO ESIMs NPRM. Boeing states that the Commission should permit GSO and NGSO ESIMs in every frequency band that is allocated for use by FSS.128 SES encourages the Commission to consider NGSO ESIMs matters as part of any future proceeding developing service rules for ‘‘V-band’’ FSS in the 37.5–52.4 GHz range of frequencies.129 Other commenters ask that the Commission authorize NGSO systems to support ESIMs in additional space-to-Earth frequency bands including 12.2–12.7 GHz, and throughout the V-band.130 While some other parties join these proposals, other commenters oppose them.131 For example, Iridium strongly objects to proposals to include the 19.4–19.6 GHz and the 29.1–29.5 GHz bands, arguing that these bands are beyond the scope of this proceeding.132 MDS Operations argues that allowing NGSO ESIM links in the 12.2–12.7 GHz band would create insurmountable coordination challenges for incumbent licensees.133 The MVDDS 5G Coalition concurs.134 Specifically, they assert that ensuring that the 12.2– 12.7 GHz band remains free of ESIMs communications with NGSO FSS satellites would protect in-band terrestrial services and preserve the possibility of future two-way mobile 5G services.135 CTIA asserts that permitting ESIM operations in the UMFUS bands would be inconsistent with the carefully calibrated framework the Commission adopted in the Spectrum Frontiers proceeding,136 which allows for limited Appendix B, NG527A. FNPRM Comments at 1. 129 SES and O3b NPRM Comments at 9; SES and O3b NPRM Reply Comments at 6–7. 130 Boeing NPRM Reply Comments at 1; Viasat NPRM Comments at 3; WorldVu NPRM Comments at i–ii, 3–7, WorldVu NPRM Reply Comments at 1– 3. 131 MDS Operations support the Commission’s proposal to exclude the 12 GHz MVDDS band from the bands in which ESIMs may communicate with NGSOs. MDS Operations NPRM Reply Comments at 2. MDS Operations asserts that allocation for ESIM use in the 12 GHz band would stymie investment and innovation for MVDDS use. Id. 132 See generally Iridium NPRM Reply Comments. 133 MDS NPRM Reply Comments at 3–4. 134 MVDDS 5G Coalition NPRM Reply Comments at 1–4. 135 Id. at 1. 136 See Use of Spectrum Bands Above 24 GHz For Mobile Radio Services, et al., Report and Order and Further Notice of Proposed Rulemaking, 31 FCC Rcd 8014 (2016); Use of Spectrum Bands Above 24 GHz For Mobile Radio Services, et al., Second Report and Order and Order on Reconsideration, 32 PO 00000 127 See 128 Boeing Frm 00096 Fmt 4700 Sfmt 4700 siting of new earth stations under very specific rules.137 These additional frequency bands were not included in this proceeding, and the record is insufficient for us to consider use of these bands for ESIMs communications with NGSO FSS satellites. Moreover, allowing ESIMs to transmit in the UMFUS bands would be inconsistent with the Commission’s decisions adopted in the Spectrum Frontiers proceeding. Accordingly, we decline to include these additional frequency bands in the rules adopted in this proceeding. Blanket Licensing In the NGSO ESIMs NPRM, the Commission proposed extending blanket licensing for communications of ESIMs with NGSO FSS systems since such licensing would be limited to frequency bands in which NGSO FSS systems have a primary status or have been found to be able to operate on a secondary or non-conforming basis without causing interference to primary users of those bands. The Commission sought comment on extending blanket licensing to ESIMs operating with NGSO FSS space stations in all the frequency bands being proposed here for ESIM NGSO operation. Commenters were uniformly supportive of blanket licensing.138 Commenters argue that blanket licensing would be more efficient than individually licensing ESIM terminals,139 and that individual licensing is only necessary to facilitate site-by-site coordination, which is not needed for terminals in-motion, which employ technical means to operate on a shared basis with other spectrum users.140 In the past, the Commission has granted blanket licenses to ESIMs communicating with GSO FSS satellites for each specific type of ESIM–Earth Stations on Vessels, Vehicle-Mounted Earth Stations, and Earth Stations Aboard Aircraft– concluding that FCC Rcd 10988 (2017); Use of Spectrum Bands Above 24 GHz For Mobile Radio Services, et al., Third Report and Order, 33 FCC Rcd 5576 (2018); Use of Spectrum Bands Above 24 GHz For Mobile Radio Services, et al., Fifth Report and Order, 34 FCC Rcd 2556 (2019). 137 Letter from Jennifer L. Oberhausen, Director, Regulatory Affairs, CTIA to Marlene H. Dortch, Secretary, Federal Communications Commission (filed May 1, 2020) (CTIA May 1 Ex Parte Letter) at 2; Letter from Jennifer L. Oberhausen, Director, Regulatory Affairs, CTIA to Marlene H. Dortch, Secretary, Federal Communications Commission (filed May 6, 2020) (CTIA May 6 Ex Parte Letter). 138 ESIM Coalition NPRM Comments at 5; Kymeta NPRM Comments at 2–3; SES and O3b NPRM Comments at 10; WorldVu NPRM Comments at 10– 11; Boeing NPRM Comments at 12–13. 139 ESIM Coalition NPRM Comments at 5. 140 Kymeta NPRM Comments at 2–3. E:\FR\FM\24JYR1.SGM 24JYR1 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations blanket licensing would be far more effective and administratively efficient than employing an individual licensing approach for these types of earth stations.141 We find that the proposed blanket licensing does not pose any increased risk of harmful interference and that the reasons that blanket licensing is appropriate for communications of these terminals with GSO FSS satellites applies equally to communications of such terminals with NGSO FSS systems. Accordingly, we conclude that blanket licensing is appropriate for communications of ESIMs with NGSO FSS satellites and adopt this proposal.142 Implementing Rule Revisions jbell on DSKJLSW7X2PROD with RULES In the paragraphs below, we address other changes to our rules, in addition to those discussed above in connection with the frequency bands being proposed for NGSO FSS ESIM operation. The Commission sought comment on these changes, and on any other revisions necessary to implement the ESIM NGSO FSS operations described here.143 Section 25.202. The Commission sought comment on amending the list of 141 Procedures to Govern the Use of Satellite Earth Stations on Board Vessels in the 5925–6425 MHz/3700–4200 MHz Bands and 14.0–14.5 GHz/ 11.7–12.2 GHz Bands, IB Docket No. 02–10, Report and Order, 20 FCC Rcd 674, 722, para. 115 (2005); Amendment of Parts 2 and 25 of the Commission’s Rules to Allocate Spectrum and Adopt Service Rules and Procedures to Govern the Use of VehicleMounted Earth Stations in Certain Frequency Bands Allocated to the Fixed-Satellite Service, IB Docket No. 07–101, Report and Order, 24 FCC Rcd 10414, 10464, para. 162 (2009); Revisions to Parts 2 and 25 of the Commission’s Rules to Govern the Use of Earth Stations Aboard Aircraft Communicating with Fixed-Satellite Service Geostationary-Orbit Space Stations Operating in the 10.95–11.2 GHz, 11.45– 11.7 GHz, 11.7–12.2 GHz and 14.0–14.5 GHz Frequency Bands, IB Docket No. 12–376, Report and Order, 27 FCC Rcd 16510, 16550, para. 104 (Dec. 28, 2012). 142 SES and O3b ask for confirmation that when the Commission stated in the NGSO ESIMs NPRM that ‘‘ESIMs’ communications with NGSO FSS systems would be limited to frequency bands in which NGSO FSS systems have a primary status, or have been found to be able to operate on a secondary or non-conforming basis, without causing interference to primary users of those bands,’’ the Commission was referring to the frequency bands to be authorized for NGSO ESIMs through this proceeding. SES and O3b NPRM Comments at 10. SES and O3b state that such a confirmation would remove any concern that the Commission intends to require a separate compatibility showing for a given frequency band to be eligible for blanket licensing. To the extent such a confirmation is necessary, we so confirm here. 143 ESIMs NGSO FSS NPRM, 33 FCC Rcd at 11422, paras. 16–21. The Commission stated that there would not be significant cost associated with the rule changes for NGSO ESIMs but invited comment to help with the costs and benefits analysis. See ESIMs NGSO FSS NPRM, 33 FCC Rcd at 11422, para. 23. No comments were received. VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 frequencies available to ESIMs in § 25.202(a)(8), (a)(10), and (a)(11) to reflect changes made in this Report and Order to frequency bands in which ESIMs can communicate with NGSO FSS satellites.144 Other than the objections to the 28.35–28.6 GHz band discussed above, there were no objections to this change, and we amend § 25.202, with the exception of 28.35– 28.4 GHz, also taking into account the additional frequencies made available for ESIM operation with GSO FSS satellites, as specified in section III.A of this Report and Order. Section 25.115. The Commission sought comment on changes to extend the rules adopted for GSO FSS ESIMs to NGSO FSS ESIMs, with the appropriate conforming technical changes. Specifically, comment was sought on excluding NGSO ESIMs from rules that pertain to ‘‘two-degree spacing’’ 145 for GSO FSS space stations.146 Comment was also sought on adding a new paragraph (o) to § 25.115 to codify these requirements for ESIMs that communicate with NGSO FSS space stations.147 The Commission also sought comment on changing the crossreferences contained in the information requirements for earth station applications set forth in § 25.115 for earth stations communicating with GSO and NGSO FSS space stations. All commenters who addressed this issue support this approach and agree that the rules should exclude NGSO ESIMs from the application of off-axis Equivalent Isotropically Radiated Power (EIRP) density requirements for two-degree spaced GSO FSS earth stations.148 We adopt these conforming revisions with a small modification to take into account that § 25.115(e)(2) is limited to GSO FSS earth stations. Finally, the Commission’s Ka-band Plan has a secondary designation for NGSO FSS operations in the 29.5–30.0 144 The Commission released an Erratum on December 20, 2018 to correct the ESIMs NGSO NPRM which initially suggested revisions to, rather than removal of, § 25.202(a)(11). See Erratum to the ESIMs NGSO FSS NPRM. 145 ‘‘Two-degree spacing’’ refers to angular separation in the GSO arc between adjacent cofrequency space stations. See Comprehensive Review of Licensing and Operating Rules for Satellite Services, Second Report and Order, 30 FCC Rcd 14713, 14747, para. 92 (2015). 146 Sections 25.115(l)–(n) contain requirements in paragraphs (1), (2), and (3)(i) that pertain to the twodegree spacing rules for ESIMs communicating with GSO FSS space stations, which are not applicable to NGSO systems. The requirements in paragraphs (3)(ii)–(iv) of this section, however, are also appropriate for ESIMs operating in NGSO FSS systems. 147 ESIMs NGSO NPRM, 33 FCC Rcd at 11421, para. 18. 148 ESIM Coalition NPRM Comments at 5–6; Viasat NPRM Comments at 6. PO 00000 Frm 00097 Fmt 4700 Sfmt 4700 44781 GHz band, as described in the NGSO FSS Order.149 The licensing provisions in § 25.115(f) adopted in the NGSO FSS Order, however, inadvertently omitted the 29.5–30.0 GHz band.150 In the NGSO ESIMS NPRM, the Commission proposed to correct this omission and proposed to extend the provisions of § 25.115(f) to the 29.5–30.0 GHz band. Commenters did not address this specific point. We adopt the revision to correct the omission consistent with the Ka-band Plan as previously adopted by the Commission. Section 25.228. Section 25.228 contains requirements in paragraphs (a), (b), and (c), that codify the two-degree spacing requirements for ESIMs communicating with GSO FSS satellite networks, but the paragraphs are not specifically worded to apply only to such ESIMs. The Commission sought comment on adopting revisions to clarify that these paragraphs apply only to ESIMs communicating with GSO FSS satellite networks.151 Intelsat notes that the proposed changes may have been interpreted differently by different commenters,152 and Kepler states that further clarification may be necessary because of the separate purposes these rules address.153 Despite this disagreement, commenters are uniformly concerned that the proposed revision eliminates the NGSO ESIM self-monitoring and network monitoring and control requirements,154 and many commenters argue against adding language specifying that § 25.228(a), (b), and (c) are GSO-specific. The ESIM Coalition, for example, believes ESIM terminal self-monitoring and network control and monitoring center requirements are essential to ensuring operations are conducted in accordance with applicable license provisions, consistent with the ESIM rules, and without causing interference to other satellite and earth station operations. They argue that there is no basis to treat GSO FSS and NGSO FSS ESIMs differently with respect to these important requirements.155 Eutelsat concurs, stating this revision appears to suggest elimination of self-monitoring and 149 NGSO FSS Report and Order, 32 FCC Rcd at 7813, para. 9. 150 ESIMs NGSO NPRM, 33 FCC Rcd at 11421, para. 21. 151 Id. at para. 19. 152 Intelsat NPRM Reply Comments at 3. 153 Kepler NPRM Comments at 1–2, and n4. 154 See ESIM Coalition at 5–6; Eutelsat at 2; SES at 9; Intelsat NPRM Reply Comments at 3. 155 ESIM Coalition NPRM Comments at 5–6. See also Eutelsat NPRM Comments at 2. E:\FR\FM\24JYR1.SGM 24JYR1 44782 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES network control and monitoring center requirements for NGSO FSS ESIMs. We agree with these concerns. Therefore, we adopt modified language to ensure that GSO and NGSO FSS ESIM operators comply with the same general monitoring and control requirements, and limit applicability to GSO ESIMs only for § 25.228(a). Specifically, to confirm the applicability of §§ 25.228(b) and 25.228(c) to both GSO and NGSO FSS ESIMs, we do not include the word ‘‘GSO’’ in the initial sentence, and include clauses specifically applicable to GSO and NGSO in the remaining text of the rule.156 We agree with commenters that there should be parity between the GSO and NGSO ESIM self-monitoring and network monitoring and control requirements.157 We also agree with commenters that self-monitoring and network monitoring and control requirements are necessary to ensure operations are in accordance with the Commission’s rules and licensing conditions.158 Relatedly, we note that the adoption of the § 25.228 rules in the GSO ESIMs Report & Order and FNPRM inadvertently created an inconsistency with regard to network control and monitoring centers for Earth Stations on Vessels.159 Specifically, in that decision, the Commission adopted § 25.228(e)(1) which states, in part, that Earth Stations on Vessels operators must control Earth Stations on Vessels by a network control and monitoring center located in the United States, but it fails to include the option of using an equivalent facility, as § 25.228’s paragraph (c) does for ESIMs.160 Because Earth Stations on Vessels are a type of ESIM, and because § 25.228(c) as adopted in the GSO ESIM R&O already provided that ‘‘[e]ach ESIM must be monitored and controlled by a network control and monitoring center (NCMC) or equivalent facility,’’ the addition of ‘‘equivalent facility’’ to the language in § 25.228(e)(1) simply conforms the two provisions of the rules in accordance with the GSO ESIM Report & Order.161 Therefore, we fix that inconsistency here by adding the phrase ‘‘or equivalent facility’’ (which appears in § 25.228(c)) to § 25.228(e)(1), to state that Earth Stations on Vessels 156 See § 25.228(b) and (c) in Appendix B of the Report and Order. 157 ESIM Coalition NPRM Comments at 5–6; Eutelsat NPRM Comments at 2; SES NPRM Reply Comments at 9; Intelsat NPRM Reply Comments at 3; WorldVu NPRM Reply Comments at 4. 158 Intelsat NPRM Reply Comments at 3. 159 GSO ESIM Report & Order, 33 FCC Rcd at Appendix B. 160 See 47 CFR 25.228(c) and (e). 161 GSO ESIM Report & Order, 33 FCC Rcd 9327. VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 operators must control all Earth Stations on Vessels by a network control and monitoring center or equivalent facility located in the United States.162 Kepler argues that further clarification may be required on how various systems should operate their ESIMs, and in particular notes that a satellite network need not be controlled in ‘‘realtime’’ from a network control and monitoring center, but may instead rely either on Artificial Intelligence (‘‘AI’’) or predetermined rules in order to mitigate interference as it relates to aggregate EIRP.163 Kepler further asserts that while this does not preclude the requirement for a network control and monitoring center, it should be clarified that operations without bent-pipe architecture may implement alternate safety measures, and could use the satellite itself as an ‘‘equivalent facility.’’ 164 Although we agree that technology may evolve to such a point in the future, we find that such a discussion is beyond the scope of this rulemaking. Paragraph (j) of § 25.228 is explicitly limited to ESIMs transmitting to GSO FSS satellites, and the Commission sought comment on revising the language of the rule to apply to Ku-band ESIMs communicating with NGSO FSS space stations as well.165 Additionally, in the 14.0–14.2 GHz (Earth-to-space) band, there is a secondary allocation to the Space Research service. In order to ensure compatibility with Space Research operations, the Commission sought comment on modifying § 25.228(j) to extend to NGSO FSS systems conditions that currently apply to ESIM operation with GSO FSS space stations.166 CORF asserts that since radio astronomy observatories are just as vulnerable to interference from NGSO uplinks as from GSO uplinks, the Commission should modify the text of § 25.228(j) to apply the same coordination requirement to NGSO operators.167 Viasat agrees with the Commission and CORF that such a requirement would be reasonable.168 We adopt the revision. Section 25.103. Consistent with these changes, the Commission proposed to amend the definitions of Earth Stations 162 See Appendix B (setting forth amendments adopted herein to 47 CFR 25.228(e)) (emphasis added). Because this change is editorial and nonsubstantive, we find good cause to conclude that notice and comment are unnecessary for its adoption. See 5 U.S.C. 553(b)(B). 163 Kepler NPRM Comments at 2. 164 See also Kepler NPRM Comments at 2. 165 ESIMs NGSO NPRM, 33 FCC Rcd at 11421, para. 19. 166 Id. at 11419, para. 9. 167 CORF NPRM Comments at 11. 168 Viasat NPRM Reply Comments at 7–8. PO 00000 Frm 00098 Fmt 4700 Sfmt 4700 on Vessels, Vehicle-Mounted Earth Stations, and Earth Stations Aboard Aircraft in § 25.103, which restrict communications to ‘‘geostationary-orbit FSS space stations.’’ 169 Pursuant to what was described above, Earth Stations on Vessels, Vehicle-Mounted Earth Stations, and Earth Stations Aboard Aircraft would also be permitted to operate in NGSO FSS systems. Accordingly, the Commission sought comment on removing the word ‘‘geostationary-orbit’’ from these definitions. No commenters objected to this change, and we adopt it herein. Additional conforming changes. Pursuant to changes to part 25 of the Commission’s rules in another proceeding,170 we take this opportunity to eliminate cross-references to § 25.223, which has been removed and reserved. Specifically, we delete the cross references in §§ 25.103, Routine processing or licensing, 25.115(g)(1)(vii), and 25.209(f).171 Further, we add text in § 25.218(a) and (j) to incorporate the 24.75–25.25 GHz band that had been included in the now reserved § 25.138.172 Additionally, we take this opportunity to harmonize the language of the revisions to § 25.115(l)(3)(i)– (n)(3)(i) adopted in the GSO ESIMs Report & Order and FNPRM with the text of that decision.173 Specifically, in the GSO ESIMs Report & Order and FNPRM, we stated that § 25.115(l)(3)(i)– (n)(3)(i) would require all applicants to ‘‘provide a certification that the ESIM system is capable of detecting and automatically ceasing emissions when an individual ESIM transmitter exceeds the relevant off-axis EIRP spectral density limits specified in § 25.218, or the limits provided to the target satellite operator for operation under § 25.220.’’ 174 However, in the text of the rules, we 169 ESIMs NGSO NPRM, 33 FCC Rcd at 11421, para. 20; 47 CFR 25.103. 170 Spectrum Frontiers Third Report and Order, 33 FCC Rcd 5576 (2018). 171 Because these changes are editorial and nonsubstantive, we find good cause to conclude that notice and comment are unnecessary for their adoption. See 5 U.S.C. 553(b)(B). 172 In the Spectrum Frontiers Third Report and Order, the Commission amended § 25.138 of the Commission’s rules to include the 24.75–25.25 GHz band vis-a`-vis GSO FSS earth station licensing requirements. 33 FCC Rcd 5576. Based on the timing of rules becoming effective, that section was subsequently ‘‘reserved’’ in the Code of Federal Regulations. See GSO ESIM Report & Order, 33 FCC Rcd 9327, 33 FCC Rcd at Appendix B. Therefore, bringing the adopted edits into the appropriate rule section is a simple ministerial update. As such, we find good cause to conclude that notice and comment are unnecessary for their inclusion. See 5 U.S.C. 553(b)(B). 173 GSO ESIMs Report & Order and FNPRM, 33 FCC Rcd at 9351, para. 75. 174 Id. (emphasis added). E:\FR\FM\24JYR1.SGM 24JYR1 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations stated that an application would need to certify that ‘‘an individual ESIM transmitter ’’ meets these requirements.175 The revisions here conform the text of the rule to the language of the Order regarding ‘‘systems,’’ and therefore they are editorial and non-substantive changes.176 Final Regulatory Flexibility Analysis. Pursuant to the Regulatory Flexibility Act of 1980, as amended, 5 U.S.C. 601 et seq. (RFA), the Commission’s Final Regulatory Flexibility Analysis (FRFA) on the possible significant economic impact on small entities of the policies and rules was addressed in this Second Report and Order in IB Docket No. 17– 95 and Report and Order in IB Docket No. 18–315,. The Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, will send a copy of this Second Report and Order in IB Docket No. 17–95 and Report and Order in IB Docket 18–315, including the FRFA, to the Chief Counsel for Advocacy of the Small Business Administration (SBA). Paperwork Reduction Act. This document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Congressional Review Act. The Commission has determined, and the Administrator of the Office of e.g., 47 CFR 25.115(l)(3)(i). 176 See Appendix B, Final Rules. jbell on DSKJLSW7X2PROD with RULES 175 See, VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 44783 Information and Regulatory Affairs, Office of Management and Budget, concurs that these rules are non-major under the Congressional Review Act, 5 U.S.C. 804(2). The Commission will send a copy of this Second Report and Order in IB Docket No. 17–95 and Report and Order in IB Docket 18–315 and Further Notice of Proposed Rulemaking to Congress and the Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A). Second Report and Order in IB Docket No. 17–95 and Report and Order in IB Docket No. 18–315 to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). Ordering Clauses It Is Ordered, pursuant to sections 4(i), 7(a), 303, 308(b), and 316 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 157(a), 303, 308(b), 316, that this Second Report and Order in IB Docket No. 17–95 and Report and Order in IB Docket No. 18– 315 Is Adopted, the policies, rules, and requirements discussed herein Are Adopted, and parts 2 and 25 of the Commission’s rules Are Amended as set forth in Appendix B. It Is Further Ordered that the rules and requirements adopted in the Second Report and Order in IB Docket No. 17– 95 and Report and Order in IB Docket No. 18–315 Will Become Effective 30 days from the date of publication in the Federal Register. It Is Further Ordered that the Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, Shall Send a copy of this Second Report and Order in IB Docket No. 17–95 and Report and Order in IB Docket No. 18–315 and Further Notice of Proposed Rulemaking, including the Final and Initial Regulatory Flexibility Analyses, to the Chief Counsel for Advocacy of the Small Business Administration. It Is Further Ordered that the Commission, Shall Send a copy of this Administrative practice and procedure, Earth stations, Satellites. PO 00000 Frm 00099 Fmt 4700 Sfmt 4700 List of Subjects 47 CFR Part 2 Radio, Table of frequency allocations. 47 CFR Part 25 Federal Communications Commission. Marlene Dortch, Secretary. Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR parts 2 and 25 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 52 and 53 are revised. ■ b. In the list of Non-Federal Government (NG) footnotes, footnote NG527A is revised. The revisions and additions read as follows: ■ § 2.106 * * Table of Frequency Allocations. * * BILLING CODE 6712–01–P E:\FR\FM\24JYR1.SGM 24JYR1 * VerDate Sep<11>2014 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations 16:42 Jul 23, 2020 Jkt 250001 PO 00000 Frm 00100 Fmt 4700 Sfmt 4725 E:\FR\FM\24JYR1.SGM 24JYR1 ER24JY20.000</GPH> jbell on DSKJLSW7X2PROD with RULES 44784 44785 BILLING CODE 6712–01–C VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 PO 00000 Frm 00101 Fmt 4700 Sfmt 4700 E:\FR\FM\24JYR1.SGM 24JYR1 ER24JY20.001</GPH> jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations 44786 * * Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations * * * Non-Federal Government (NG) Footnotes * * * * * NG527A Earth Stations in Motion (ESIMs), as regulated under 47 CFR part 25, are an application of the fixed-satellite service (FSS) and the following provisions shall apply: (a) In the bands 10.7–11.7 GHz, 19.3–19.4 GHz, and 19.6–19.7 GHz (space-to-Earth), ESIMs may be authorized for the reception of FSS emissions from geostationary and nongeostationary satellites, subject to the conditions that these earth stations may not claim protection from transmissions of nonFederal stations in the fixed service and that non-geostationary-satellite systems not cause unacceptable interference to, or claim protection from, geostationary-satellite networks. (b) In the bands 11.7–12.2 GHz (space-toEarth), 14.0–14.5 GHz (Earth-to-space), 18.3– 18.8 GHz (space-to-Earth), 19.7–20.2 GHz (space-to-Earth), 28.35–28.6 GHz (Earth-tospace), and 29.25–30.0 GHz (Earth-to-space), ESIMs may be authorized to communicate with geostationary satellites on a primary basis. (c) In the bands 11.7–12.2 GHz (space-toEarth), 14.0–14.5 GHz (Earth-to-space), 18.3– 18.6 GHz (space-to-Earth), 19.7–20.2 GHz (space-to-Earth), 28.4–28.6 GHz (Earth-tospace), and 29.5–30.0 GHz (Earth-to-space), ESIMs may be authorized to communicate with non-geostationary satellites, subject to the condition that non-geostationary-satellite systems may not cause unacceptable interference to, or claim protection from, geostationary-satellite networks. (d) In the band 17.8–18.3 GHz (space-toEarth), ESIMs may be authorized for the reception of FSS emissions from geostationary and non-geostationary satellites on a secondary basis, subject to the condition that non-geostationary-satellite systems not cause unacceptable interference to, or claim protection from, geostationary-satellite networks. (e) In the bands 18.8–19.3 GHz and 28.6– 29.1 GHz, ESIMs may be authorized to communicate with geostationary and nongeostationary satellites, subject to the condition that geostationary-satellite networks may not cause unacceptable interference to, or claim protection from, non-geostationary satellite systems in the fixed-satellite service. PART 25—SATELLITE COMMUNICATIONS 3. The authority citation for part 25 continues to read as follows: ■ Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319, 332, 605, and 721, unless otherwise noted. 4. Amend § 25.103 by revising the definitions of ‘‘Earth Station on Vessel,’’ ‘‘Earth Stations Aboard Aircraft,’’ ‘‘Routine processing or licensing,’’ and ‘‘Vehicle-Mounted Earth Station’’ to read as follows: jbell on DSKJLSW7X2PROD with RULES ■ § 25.103 * * Definitions. * VerDate Sep<11>2014 * * 16:42 Jul 23, 2020 Jkt 250001 Earth Station Aboard Aircraft (ESAA). An earth station operating aboard an aircraft that receives from and transmits to Fixed-Satellite Service space stations. * * * * * Earth Station on Vessel (ESV). An earth station onboard a craft designed for traveling on water, receiving from and transmitting to Fixed-Satellite Service space stations. * * * * * Routine processing or licensing. Expedited processing of unopposed applications for earth stations in the FSS communicating with GSO space stations that satisfy the criteria in § 25.211(d), § 25.212(c) through (f), or § 25.218, include all required information, are consistent with all Commission rules, and do not raise any policy issues. Some, but not all, routine earth station applications are eligible for an autogrant procedure under § 25.115(a)(3). * * * * * Vehicle-Mounted Earth Station (VMES). An earth station, operating from a motorized vehicle that travels primarily on land, that receives from and transmits to Fixed-Satellite Service space stations and operates within the United States. ■ 4. Amend § 25.115 by revising paragraphs (f), (g)(1)(vii), (l)(3)(i), (m)(3)(i), and (n)(3)(i), and adding paragraph (o) to read as follows: § 25.115 Applications for earth station authorizations. * * * * * (f) NGSO FSS earth stations in 10.7– 30.0 GHz. (1) An application for an NGSO FSS earth station license in the 10.7–30.0 GHz band must include the certification described in § 25.146(a)(2). (2) Individual or blanket license applications may be filed for operation in the 10.7–12.7 GHz, 14–14.5 GHz, 17.8–18.6 GHz, 18.8–19.4 GHz, 19.6– 20.2 GHz, 28.35–29.1 GHz, or 29.5–30.0 GHz bands; however, ESIMs cannot operate in the 28.35–28.4 GHz band and blanket licensing in the 10.7–11.7 GHz, 17.8–18.3 GHz, 19.3–19.4 GHz, and 19.6–19.7 GHz bands is on an unprotected basis with respect to current and future systems operating in the fixed service. (3) Individual license applications only may be filed for operation in the 12.75–13.15 GHz, 13.2125–13.25 GHz, 13.75–14 GHz, or 27.5–28.35 GHz bands. (g) * * * (1) * * * (vii) The relevant off-axis EIRP density envelopes in § 25.218 must be superimposed on plots submitted PO 00000 Frm 00102 Fmt 4700 Sfmt 4700 pursuant to paragraphs (g)(1)(i) through (vi) of this section. * * * * * (l) * * * (3) * * * (i) ESIM applicants that meet the relevant off-axis EIRP density mask must certify that an ESIM system is selfmonitoring and capable of automatically ceasing or reducing emissions within 100 milliseconds if the ESIM transmitter exceeds the relevant off-axis EIRP density limits. ESIM applicants that do not meet the relevant off-axis EIRP density mask must provide a detailed showing that an ESIM system is selfmonitoring and capable of automatically ceasing or reducing emissions within 100 milliseconds if the ESIM transmitter exceeds the relevant off-axis EIRP density limits. Variable-power ESIM applicants must certify that one or more transmitters are capable of automatically ceasing or reducing emissions within 100 milliseconds of receiving a command to do so from the system’s network control and monitoring center, if the aggregate off axis EIRP densities of the transmitter or transmitters exceed the relevant off-axis EIRP density limits. * * * * * (m) * * * (3) * * * (i) ESIM applicants that meet the relevant off-axis EIRP density mask must certify that an ESIM system is selfmonitoring and capable of automatically ceasing or reducing emissions within 100 milliseconds if the ESIM transmitter exceeds the relevant off-axis EIRP density limits. ESIM applicants that do not meet the relevant off-axis EIRP density mask must provide a detailed showing that an ESIM system is selfmonitoring and capable of automatically ceasing or reducing emissions within 100 milliseconds if the ESIM transmitter exceeds the relevant off-axis EIRP density limits. Variable-power ESIM applicants must certify that one or more transmitters are capable of automatically ceasing or reducing emissions within 100 milliseconds of receiving a command to do so from the system’s network control and monitoring center, if the aggregate off axis EIRP densities of the transmitter or transmitters exceed the relevant off-axis EIRP density limits. * * * * * (n) * * * (3) * * * (i) ESIM applicants that meet the relevant off-axis EIRP density mask must certify that an ESIM system is selfmonitoring and capable of automatically ceasing or reducing emissions within 100 milliseconds if the ESIM transmitter exceeds the relevant off-axis EIRP E:\FR\FM\24JYR1.SGM 24JYR1 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations density limits. ESIM applicants that do not meet the relevant off-axis EIRP density mask must provide a detailed showing that an ESIM system is selfmonitoring and capable of automatically ceasing or reducing emissions within 100 milliseconds if the ESIM transmitter exceeds the relevant off-axis EIRP density limits. Variable-power ESIM applicants must certify that one or more transmitters are capable of automatically ceasing or reducing emissions within 100 milliseconds of receiving a command to do so from the system’s network control and monitoring center, if the aggregate off axis EIRP densities of the transmitter or transmitters exceed the relevant off-axis EIRP density limits. * * * * * (o) The requirements in this paragraph apply to applications for ESIMs operation with NGSO satellites in the Fixed-Satellite Service, in addition to the requirements in paragraphs (a)(1), (a)(5), and (i) of this section: (1) An exhibit describing the geographic area(s) in which the ESIMs will operate and the location of hub and/or gateway stations. (2) The point of contact information referred to in § 25.228(e)(2), (f), or (g)(1) as appropriate. (3) Applicants for ESIMs that will exceed the guidelines in § 1.1310 of this chapter for radio frequency radiation exposure must provide, with their environmental assessment, a plan for mitigation of radiation exposure to the extent required to meet those guidelines. * * * * * ■ 5. Amend § 25.202 by revising paragraph (a)(8), adding paragraphs (a)(10)(i) and (ii) and by removing and reserving paragraph (a)(11) as follows: 18.3–18.8 GHz (space-to-Earth) 18.8–19.3 GHz (space-to-Earth) 19.3–19.4 GHz (space-to-Earth) 19.6–19.7 GHz (space-to-Earth) 19.7–20.2 GHz (space-to-Earth) 28.35–28.6 GHz (Earth-to-space) 28.6–29.1 GHz (Earth-to-space) 29.25–30.0 GHz (Earth-to-space) (ii) The following frequencies are available for use by Earth Stations in Motion (ESIMs) communicating with NGSO FSS space stations, subject to the provisions in § 2.106 of this chapter: 10.7–11.7 GHz (space-to-Earth) 11.7–12.2 GHz (space-to-Earth) 14.0–14.5 GHz (Earth-to-space) 17.8–18.3 GHz (space-to-Earth) 18.3–18.6 GHz (space-to-Earth) 18.8–19.3 GHz (space-to-Earth) 19.3–19.4 GHz (space-to-Earth) 19.6–19.7 GHz (space-to-Earth) 19.7–20.2 GHz (space-to-Earth) 28.4–28.6 GHz (Earth-to-space) 28.6–29.1 GHz (Earth-to-space) 29.5–30.0 GHz (Earth-to-space) * * * * * ■ 6. Amend § 25.209 by revising paragraph (f) to read as follows: (8) The following frequencies are available for use by Earth Stations on Vessels (ESVs) communicating with GSO FSS space stations, subject to the provisions in § 2.106 of this chapter: 3700–4200 MHz (space-to-Earth) 5925–6425 MHz (Earth-to-space) * * * * * (10) * * * (i) The following frequencies are available for use by Earth Stations in Motion (ESIMs) communicating with GSO FSS space stations, subject to the provisions in § 2.106 of this chapter: 10.7–11.7 GHz (space-to-Earth) 11.7–12.2 GHz (space-to-Earth) 14.0–14.5 GHz (Earth-to-space) 17.8–18.3 GHz (space-to-Earth) § 25.218 Off-axis EIRP density envelopes for FSS earth stations transmitting in certain frequency bands. § 25.209 Earth station antenna performance standards. jbell on DSKJLSW7X2PROD with RULES * * * * (f) A GSO FSS earth station with an antenna that does not conform to the applicable standards in paragraphs (a) and (b) of this section will be authorized only if the applicant demonstrates that the antenna will not cause unacceptable interference. This demonstration must show that the transmissions of the earth station comport with the requirements in § 25.218 or the applicant must demonstrate that the operations of the earth station have been coordinated under § 25.220. * * * * * § 25.202 Frequencies, frequency tolerance, ■ 7. Amend § 25.218 by revising and emission limits. paragraphs (a) and (j) to read as follows: (a) * * * VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 * (a) This section applies to applications for fixed and temporaryfixed FSS earth stations transmitting to geostationary space stations in the conventional C-band, extended C-band, conventional Ku-band, extended Kuband, conventional Ka-band, or 24.75– 25.25 GHz and applications for ESIMs transmitting in the conventional C-band, conventional Ku-band, or conventional Ka-band, except for applications proposing transmission of analog command signals at a band edge with bandwidths greater than 1 MHz or transmission of any other type of analog PO 00000 Frm 00103 Fmt 4700 Sfmt 4700 44787 signal with bandwidths greater than 200 kHz. * * * * * (j) Applications for authority for fixed earth station operation in the conventional C-band, extended C-band, conventional Ku-band, extended Kuband, conventional Ka-band, or 24.75– 25.25 GHz that do not qualify for routine processing under relevant criteria in this section, § 25.211, or § 25.212 are subject to the requirements in § 25.220. ■ 8. Amend § 25.228 by revising paragraphs (a), (b), (c), (e)(1), and paragraph (j) introductory text to read as follows: § 25.228 Operating and coordination requirements for earth stations in motion (ESIMs). (a) GSO FSS ESIM transmissions must comport with the applicable EIRP density limits in § 25.218, unless coordinated pursuant to the requirements in § 25.220. (b) Each FSS ESIM must be selfmonitoring and, should a condition occur that would cause the ESIMs to exceed its authorized off-axis EIRP density limits in the case of GSO FSS ESIMs or any emission limits included in the licensing conditions in the case of NGSO FSS ESIMs, the ESIM must automatically cease transmissions within 100 milliseconds, and not resume transmissions until the condition that caused the ESIM to exceed those limits is corrected. (c) Each FSS ESIM must be monitored and controlled by a network control and monitoring center (NCMC) or equivalent facility. Each ESIM must comply with a ‘‘disable transmission’’ command from the NCMC within 100 milliseconds of receiving the command. In addition, the NCMC must monitor the operation of each ESIM in its network, and transmit a ‘‘disable transmission’’ command to any ESIM that operates in such a way as to exceed the authorized off-axis EIRP density limit for GSO FSS ESIMs or any emission limits included in the licensing conditions in the case of NGSO FSS ESIMs. The NCMC must not allow the ESIM(s) under its control to resume transmissions until the condition that caused the ESIM(s) to exceed the authorized EIRP density limits is corrected. * * * * * (e) * * * (1) ESV operators must control all ESVs by a NCMC or equivalent facility located in the United States, except that an ESV on U.S.-registered vessels may operate under control of a NCMC location outside the United States E:\FR\FM\24JYR1.SGM 24JYR1 44788 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES provided the ESV operator maintains a point of contact within the United States that will have the capability and authority to cause an ESV on a U.S.- VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 registered vessel to cease transmitting if necessary. * * * * * (j) The following requirements govern all ESIMs transmitting to GSO or NGSO PO 00000 Frm 00104 Fmt 4700 Sfmt 9990 satellites in the Fixed-Satellite Service in the 14.0–14.5 GHz band. * * * * * [FR Doc. 2020–13783 Filed 7–23–20; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\24JYR1.SGM 24JYR1

Agencies

FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 85, Number 143 (Friday, July 24, 2020)]
[Rules and Regulations]
[Pages 44772-44788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13783]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 25

[IB Docket Nos. 17-95, 18-315; FCC 20-66; FRS 16866]


Earth Stations in Motion

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) amends its rules to facilitate the deployment of earth 
stations in motion (ESIMs) communicating with geostationary (GSO) and 
non-geostationary orbit (NGSO) fixed-satellite service (FSS) satellite 
systems.

DATES: This rule is effective: July 24, 2020.

FOR FURTHER INFORMATION CONTACT: Cindy Spiers, 202-418-1593.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, IB Docket Nos. 17-95 and 18-315, FCC 20-66, adopted on May 
13, 2020, and released on May 14, 2020. The full text of this document 
is

[[Page 44773]]

available at https://docs.fcc.gov/public/attachments/FCC-20-66A1.pdf. 
The full text of this document is also available for inspection and 
copying during business hours in the FCC Reference Information Center, 
Portals II, 445 12th Street SW, Room CY-A257, Washington, DC 20554. To 
request materials in accessible formats for people with disabilities, 
send an email to [email protected] or call the Consumer & Governmental 
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).

Paperwork Reduction Act

    This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. In addition, therefore, it does not contain 
any new or modified information collection burden for small business 
concerns with fewer than 25 employees, pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4).

Synopsis

    In this Second Report and Order in IB Docket No. 17-95 and Report 
and Order in IB Docket No. 18-315 (Report and Order) and Further Notice 
of Proposed Rulemaking (Further Notice), the Commission continues to 
facilitate the deployment of, and reduce the regulatory burdens on, 
Earth Stations in Motion (ESIMs).\1\ First, we allow ESIMs to 
communicate in additional frequency bands with geostationary-satellite 
orbit (GSO) satellites operating in bands allocated to the fixed-
satellite service (FSS). Second, we adopt rules for ESIMs to 
communicate with non-geostationary orbit (NGSO) satellites in specific 
frequency bands allocated to the FSS. Finally, we seek to further 
develop the record regarding potential interference from out-of-band 
emissions of ESIMs in the 28.35-28.6 GHz band into the adjacent 27.5-
28.35 GHz band used by Upper Microwave Flexible Use Service (UMFUS). 
These actions will promote innovative and flexible use of satellite 
technology, as well as provide regulatory equity between GSO and NGSO 
FSS systems.
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    \1\ The term ``ESIMs'' is the collective designation for three 
types of earth stations that the Commission authorizes to transmit 
while in motion: Earth Stations on Vessels (ESVs), Vehicle-Mounted 
Earth Stations (VMESs), and Earth Stations Aboard Aircraft (ESAAs) 
to communicate with space stations using frequencies allocated to 
the fixed satellite service. Broadly stated, Earth Stations on 
Vessels refers to earth stations that communicate with a satellite 
while located on maritime vessels such as boats, cargo ships or 
cruise ships, whereas Vehicle-Mounted Earth Stations and Earth 
Stations Aboard Aircraft refer to earth stations that communicate 
with satellites while located on land-based vehicles or aircraft, 
respectively.
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Report and Order

    Because of the interrelated nature of the two proceedings, we 
address both proceedings in here. In the discussion below, we first 
address the addition of frequency bands in which ESIMs can communicate 
with GSO FSS satellites. Specifically, we adopt our proposal to allow 
ESIMs to operate in all of the frequency bands in which earth stations 
at fixed locations operating with GSO FSS satellite networks can be 
blanket-licensed, and to allow ESIMs to receive signals from GSO FSS 
satellite space stations in the Ka-band, with some restrictions. We 
then address the issues raised in the NGSO ESIMs NPRM, and adopt a 
regulatory framework for ESIMs communications with NGSO FSS systems 
that is analogous to that which currently exists for ESIMs 
communicating with GSO FSS systems, with the exception of the frequency 
bands 18.6-18.8 GHz, 28.35-28.4 GHz, and 29.25-29.5 GHz. We also extend 
blanket earth station licensing to ESIMs communicating with NGSO FSS 
systems. We defer consideration of our proposal to allow ESIMs to 
operate in the 28.35-28.4 GHz band while we study the potential 
interference from out-of-band emissions of ESIMs into the adjacent 
27.5-28.35 GHz band.

ESIMs Communications With GSO Satellites in Additional Frequency Bands 
(IB Docket No. 17-95)

    In the GSO ESIMs FNPRM, the Commission sought comment on allowing 
ESIMs to operate in all of the frequency bands in which earth stations 
at fixed locations operating in GSO FSS satellite networks can be 
blanket-licensed. The Commission believed in this situation operation 
of earth stations in motion should not introduce a material change to 
the interference environment created or to the protection required.\2\ 
Many commenters support these changes and no commenters opposed.\3\ 
Boeing points out that among other benefits, the use of many of these 
frequencies by ESIMs will help to align the FSS frequencies that are 
available for use by ESIMs in different regions of the world, and that 
this alignment is important because many ESIMs--including those on 
airplanes and ships--do not limit their operations to single 
continents.\4\ SES, O3b, and Intelsat note that expanding the 
frequencies available for GSO ESIM networks will allow more intensive 
spectrum use and is fully consistent with other authorized operations 
in these frequency bands.\5\
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    \2\ GSO ESIMs FNPRM, 33 FCC Rcd at 9358, para. 91.
    \3\ See, e.g., Boeing FNPRM Comments at 1; Hughes FNPRM Comments 
at 2; Inmarsat FNPRM Comments at 2.
    \4\ See Boeing FNPRM Comments at 3.
    \5\ SES, O3b and Intelsat FNPRM Reply Comments at 1-2.
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    We agree that, for the reasons stated by commenters, the public 
interest is served by the addition of frequency bands in which ESIMs 
are allowed to communicate with GSO FSS satellites. We address the 
individual frequency bands in turn below. We then address general 
issues that are not specific to any particular frequency band.

The Extended Ku-Band

    The Commission sought comment on expanding the Ku-band frequency 
ranges in which ESIMs can be authorized to receive transmissions from 
GSO FSS satellites \6\ to include the 10.7-10.95 GHz and 11.2-11.45 GHz 
bands.\7\ These frequency bands are allocated on a co-primary basis to 
the fixed service and FSS (space-to-Earth), but GSO FSS use of both 
bands is limited to international systems (that is, to communications 
that do not originate and terminate within the United States).\8\ The 
Commission noted, however, that in the 10.95-11.2 GHz (space-to-Earth) 
and 11.45-11.7 GHz (space-to-Earth) bands, communications of ESIMs with 
GSO satellites is allowed subject to the condition that these earth 
stations may not claim protection from transmissions of non-Federal 
fixed service stations.\9\ The Commission requested comment on whether 
communications in the 10.7-10.95 GHz and 11.2-11.45 GHz (space-to-
Earth) bands could also be allowed on an unprotected basis with respect 
to other services.\10\
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    \6\ See 47 CFR 2.106, NG527A.
    \7\ See GSO ESIMs FNPRM, 33 FCC Rcd at 9354, para. 90. As we 
noted in the FNPRM, the Commission's part 25 rules currently allow 
for blanket licensing in the 10.7-10.95 GHz, 11.2-11.45 GHz, and 
17.8-18.3 GHz (space-to-Earth) on an unprotected basis with respect 
to the fixed service.
    \8\ 47 CFR 2.106, NG52 (``Except as provided for by NG527A, use 
of the bands 10.7-11.7 GHz (space-to-Earth) and 12.75-13.25 GHz 
(Earth-to-space) by geostationary satellites in the [FSS] shall be 
limited to international systems, i.e., other than domestic 
systems.'').
    \9\ 47 CFR 2.106, NG527A. See also GSO ESIMs FNPRM, 33 FCC Rcd 
at 9340, para. 44.
    \10\ GSO ESIMs FNPRM, 33 FCC Rcd at 9355, para. 91.
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    Satellite operators overwhelmingly support allowing ESIMs to 
receive transmissions from GSO FSS satellites on an unprotected basis 
in these bands.\11\ Commenters state that, because

[[Page 44774]]

ESIMs operations are receive-only in the 10.7-10.95 GHz and 11.2-11.45 
GHz bands, allowing ESIMs to operate in these frequency bands does 
``not increase the potential for harmful interference'' to other 
spectrum users.\12\ In addition, they state that because ESIMs operate 
on mobile platforms (that is, in aeronautical, maritime and land-
mobility applications) and often far from other co-frequency systems 
and services (for example, aircraft in flight or vessels in 
international waters), there is no need to protect ESIMs reception in 
these bands.\13\ Commenters also assert that access to additional ESIM 
receive spectrum would enhance flexibility, data rates, and aggregate 
capacity for ESIM operators and consumers.\14\
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    \11\ See, e.g., Boeing FNPRM Comments at 2-3; Hughes FNPRM 
Comments at 2-3; SES FNPRM Comments at 1-2; Viasat FNPRM Comments at 
1, 3.
    \12\ Panasonic FNPRM Comments at 2; see also Boeing FNPRM 
Comments at 3.
    \13\ Id.
    \14\ Panasonic FNPRM Comments at 2; see also Boeing FNPRM 
Comments at 3; SES FNPRM Comments at 2; Viasat FNPRM Comments at 3-
4.
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    Based on the record, including the lack of opposition to this 
proposal, we will allow communications from GSO FSS satellites to ESIMs 
in the 10.7-10.95 GHz and 11.2-11.45 GHz (space-to-Earth) bands on an 
unprotected basis vis-[agrave]-vis fixed service stations. We agree 
that ESIMs can receive transmissions from GSO FSS satellites in the 
10.7-10.95 GHz and 11.2-11.45 GHz bands without requiring protection 
from fixed service stations that have primary status in these 
bands.\15\ The Fixed Wireless Communications Coalition (FWCC) asks the 
Commission to clarify that fixed service will not be required to 
protect ESIMs in the 10.7-10.95 GHz and 11.2-11.45 GHz (space-to-Earth) 
bands from interference.\16\ We so clarify. Accordingly, we amend 
footnote NG527A to include 10.7-10.95 GHz and 11.2-11.45 GHz (space-to-
Earth) in the frequency bands in which ESIMs may be authorized to 
communicate with GSO satellites, subject to the condition that ESIMs 
may not claim protection from transmissions of non-Federal fixed 
service stations.\17\ In addition, CORF notes that radio astronomers 
make important observations in the 10.6-10.7 GHz band,\18\ and that the 
U.S. Table requires operators to protect radio astronomy service from 
satellite downlinks emissions into the 10.68-10.70 GHz portion of the 
band.\19\ Footnotes to the U.S. Table already provide such 
protections,\20\ and satellite licenses and grants of U.S. market 
access are issued by the Commission subject to such footnotes. 
Accordingly, no additional action is necessary.
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    \15\ GSO FSS downlink transmissions are already permitted in 
these frequency bands, subject to power flux density limit designed 
to protect fixed service stations from unacceptable interference. 
See International Telecommunication Union (ITU) Article 21.
    \16\ FWCC FNPRM Comments at 1-2.
    \17\ See Appendix B, 47 CFR 2.106, NG572A(a).
    \18\ Although on page 7 of its FNPRM Comments CORF mentions 
10.6-11.7 GHz, it is clear from the context that their intention was 
to reference the 10.6-10.7 GHz band which has a primary allocation 
to the Radio Astronomy Services. 47 CFR 2.106.
    \19\ CORF FNPRM Comments at 7.
    \20\ See, e.g., 47 CFR 2.106, US211 and US246.
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The Ka-Band

    The Commission sought comment on allowing ESIMs to receive signals 
from GSO FSS satellites on a secondary basis in the 17.8-18.3 GHz 
(space-to-Earth) band and on a primary basis in the 19.3-19.4 GHz 
(space-to-Earth) and 19.6-19.7 GHz (space-to-Earth) bands.\21\ The 
Commission also requested comment on whether to allow ESIMs to 
communicate with GSO FSS satellites in the 18.8-19.3 GHz (space-to-
Earth) and 28.6-29.1 GHz (Earth-to-space) bands on an unprotected, non-
interference basis with respect to NGSO FSS satellite systems.\22\ It 
sought comment on any possible effects these proposals may have on 
existing or future services in these frequency bands or adjacent 
frequency bands and on any necessary changes to our rules that may be 
appropriate to accommodate them.\23\
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    \21\ GSO ESIMs FNPRM, 33 FCC Rcd at 9355, para. 91.
    \22\ Id.
    \23\ Id.
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    We address each of these frequency bands in turn below. 
Specifically, we will allow ESIMs to receive signals from GSO FSS space 
stations on a secondary basis in the 17.8-18.3 GHz band and on a 
primary basis in the 19.3-19.4 and 19.6-19.7 GHz band. We will also 
allow ESIMs to operate with GSO FSS satellite networks in the 18.8-19.3 
GHz (space-to-Earth) and 28.6-29.1 GHz (Earth-to-space) bands on an 
unprotected, non-interference basis with respect to NGSO FSS satellite 
systems.
    17.8-18.3 GHz, 19.3-19.4 GHz, and 19.6-19.7 GHz.--Commenters 
observe that satellite space-to-Earth transmissions in the 17.8-18.3 
GHz, 19.3-19.4 GHz, and 19.6-19.7 GHz bands are already subject to 
power flux density limits designed to protect terrestrial systems,\24\ 
and reception of satellite signals by ESIMs has no effect on these 
power flux density levels set forth in the Commission's rules.\25\ 
Satellite operators therefore state that ESIMs can co-exist with 
terrestrial fixed service operations in these bands.\26\ Commenters 
also point out that the authorization of ESIMs to receive signals from 
GSO networks in the 17.8-18.3 GHz band will help to align the 
frequencies available to ESIMs in the United States with those that are 
available in the rest of the world.\27\ In addition, ESIMs 
communications with GSO FSS satellites in these bands will be required 
to be coordinated with Federal FSS systems pursuant to the U.S. 
Table.\28\ No commenters disagree with allowing ESIMs to receive 
signals from GSO FSS satellites in these bands.
---------------------------------------------------------------------------

    \24\ 47 CFR 25.208(c).
    \25\ SES FNPRM Reply Comments at 2; see also Boeing FNPRM 
Comments at 3 (stating that the existence of ESIMs in these 
frequencies will not interfere with fixed service networks because 
they will continue to be protected by the power flux density limits 
on satellite downlink communications that are maintained by the ITU 
to protect primary terrestrial uses of the 17.7-18.3 GHz 
frequencies).
    \26\ SES FNPRM Comments at 2; Inmarsat FNPRM Comments at 2-3; 
Viasat FNPRM Comments at 3-4. See also Boeing FNPRM Comments at 4-5 
(stating that ESIMs experiencing interference can either shift to a 
different receiving frequency or can move to a new location where 
the interference does not exist; further, given the relatively high 
speeds in which many ESIMs will be in motion, any unacceptable 
interference received from fixed service transmitters will only be 
momentary in duration and likely result in no detectible 
interference to the ESIM end user's services).
    \27\ Boeing FNPRM Comments at 4.
    \28\ 47 CFR 2.106, US334.
---------------------------------------------------------------------------

    We proposed allowing ESIMs to receive signals from GSO FSS 
satellites in the 17.8-18.3 GHz (space-to-Earth) band on a secondary 
basis. FSS is allocated in the space-to-Earth direction on a secondary 
basis to the fixed service in the 17.8-18.3 GHz band and no parties 
objected to our proposal. Thus, we add NG527A(d) in the U.S. Table of 
Allocations to allow ESIMs to receive signals from GSO FSS satellites 
in the 17.8-18.3 GHz (space-to-Earth) band on a secondary basis.
    Further, we proposed allowing ESIMs to receive signals from GSO FSS 
satellites in the 19.3-19.4 GHz (space-to-Earth) and 19.6-19.7 GHz 
(space-to-Earth) bands on a co-primary basis with fixed service and 
Federal FSS. However, given the difficulties with coordinating ESIM 
operations with terrestrial stations, we conclude here, as proposed by 
FWCC,\29\ that in the 19.3-19.4 GHz (space-to-Earth) and 19.6-19.7 GHz 
(space-to-Earth) bands, ESIMs should be allowed to operate on an 
unprotected basis with regard to fixed service and Federal FSS. 
Allowing such ESIM operations will not change the existing interference 
environment in these bands. FSS is already allocated in the space-to-
Earth direction on a co-primary basis with fixed service in the 19.3-
19.4 GHz and 19.6-19.7 GHz bands subject to power flux density limits 
designed to

[[Page 44775]]

protect terrestrial systems. Accordingly, we revise NG527A(a) in the 
U.S. Table of Allocations to allow ESIMs to receive signals from GSO 
FSS satellites in the 19.3-19.4 GHz (space-to-Earth), and 19.6-19.7 GHz 
(space-to-Earth) bands on an unprotected basis.
---------------------------------------------------------------------------

    \29\ See FWCC Comments at 1, 3.
---------------------------------------------------------------------------

    18.8-19.3 GHz and 28.6-29.1 GHz.--The record supports a finding 
that allowing ESIMs to communicate with GSO FSS satellites in the 18.8-
19.3 GHz (space-to-Earth) and 28.6-29.1 GHz (Earth-to-space) bands 
serves the public interest. Viasat asserts that such a change can 
expedite consumer access to mobile applications of satellite broadband 
services technologies.\30\ Boeing believes that ESIMs communicating 
with GSO and NGSO satellites in these bands could complement each other 
by providing very robust coverage and throughput to end users using a 
combination of NGSO and GSO satellites.\31\
---------------------------------------------------------------------------

    \30\ Viasat FNPRM Comments at 2.
    \31\ Boeing FNPRM Reply Comments at 4.
---------------------------------------------------------------------------

    We find that it is possible with a high degree of coordination 
among operators for ESIMs to communicate with GSO FSS satellites in the 
18.8-19.3 GHz (space-to-Earth) and 28.6-29.1 GHz (Earth-to-space) bands 
without causing interference to NGSO FSS systems. Inmarsat, for 
example, states that ``[t]echniques for managing interference between 
FSS systems are well understood'' and the ``introduction of ESIMs into 
FSS spectrum does not materially change these interference scenarios.'' 
\32\ ViaSat concurs, asserting that ``[i]t is well-established that 
ESIMs can perform within the same technical envelope as fixed earth 
stations through highly accurate antenna pointing mechanisms and 
compliance with appropriate power limits'' and ``[t]herefore, in the 
18.8-19.3 GHz and 28.6-29.1 GHz (Earth-to-space) bands, where the 
Commission has determined that the GSO FSS successfully can operate on 
a secondary basis to the NGSO FSS, adding ESIMs would not change this 
conclusion.'' \33\
---------------------------------------------------------------------------

    \32\ Inmarsat FNPRM Comments at 3.
    \33\ Viasat FNPRM Comments at 3.
---------------------------------------------------------------------------

    We agree with these commenters that it is technically feasible for 
ESIMs to communicate with GSO FSS space stations in these bands without 
causing interference to NGSO FSS systems provided the operators 
coordinate their operations. GSO earth stations transmitting to a GSO 
space station would have to stop transmissions whenever an NGSO space 
station using the same frequency band is within the earth station 
transmitting beam. Similarly, during transmissions from GSO space 
stations, GSO space station operators will need to take into account 
the presence of a beam through which an earth station is receiving co-
frequency signals from an NGSO space stations. Such co-existence will 
necessitate a high degree of coordination between the GSO and NGSO 
systems to ensure interference does not result to NGSO FSS operations 
and, when authorizing ESIMs to communicate with GSO FSS satellites in 
these bands, the secondary nature of such communications will need to 
be fully taken into account.\34\
---------------------------------------------------------------------------

    \34\ The Commission has been requiring that, in these bands, GSO 
operations with fixed earth stations must accept interference from 
and not cause harmful interference to NGSO operations. See, e.g. 
Satellite Policy Branch Information Action Taken, Report No. 01258 
(IBFS File No. SAT-LOA-20160624-00061) Aug. 4, 2017, Jupiter 2 Grant 
at condition 5. A similar condition would be imposed on ESIMs 
operations. Operations with ESIMs are no different, as ESIMs are 
supposed to operate as a fixed earth station that can be anywhere 
within the satellite beam.
---------------------------------------------------------------------------

    We agree with Boeing that the priority of NGSO FSS systems in these 
frequencies is critical to their growth and operation.\35\ As explained 
by Telesat, the demand for ``mobile aeronautical, maritime and land 
services is one of the key drivers of the burgeoning NGSO demand for 
this spectrum.'' \36\ While recognizing that it would be inequitable to 
alter the regulatory status between NGSO and GSO FSS systems in the 
18.8-19.3 GHz (space-to-Earth) and 28.6-29.1 GHz (Earth-to-space) 
frequency bands, allowing communications between ESIMs and GSO FSS 
satellites in these frequency bands on an unprotected, non-interference 
basis with respect to NGSO FSS satellite systems leads to more 
efficient use of spectrum without imposing a burden on NGSO FSS 
operations in this band.\37\ The GSO system, operating on a non-
interference, non-protected basis, is expected to show, to the NGSO 
system satisfaction, that it is capable of protecting the NGSO's 
operation. The only burden on the NGSO system is to examine the GSO 
showing in good faith to determine its acceptability.
---------------------------------------------------------------------------

    \35\ Boeing FNPRM Reply Comments at 5.
    \36\ Telesat FNPRM Reply Comment at 3.
    \37\ Boeing FNPRM Comments at 6-8 (asking the Commission to be 
diligent in ensuring the subordinate status of GSO FSS networks vis-
[agrave]-vis NGSO FSS operations); SES FNPRM Comments at 2 (stating 
that SES supports allowing GSO ESIM use of these frequency bands, 
provided that the Commission adopts its proposal to specify that GSO 
operations in the band segments are ``on an unprotected, non-
interference basis with respect to NGSO FSS satellite systems'' to 
ensure NGSO use of these critical frequencies is not impaired). As 
discussed below, we reject Echostar's proposal to give equal status 
to ESIMs operating with GSO and NGSO space stations as this would 
contradict the secondary designation of GSO systems in these bands. 
See infra paras. 32-33.
---------------------------------------------------------------------------

    Accordingly, we will allow ESIMs to communicate with GSO FSS 
satellites in the 18.8-19.3 GHz (space-to-Earth) and 28.6-29.1 GHz 
(Earth-to-space) bands on an unprotected, non-interference basis with 
respect to NGSO FSS satellite systems.\38\ Both these bands are 
allocated to FSS on a primary basis, but GSO FSS operations are 
conducted on an unprotected, non-interference basis with respect to 
NGSO FSS.\39\ We find that the record supports allowing ESIMs to 
communicate with GSO FSS satellites in these bands, consistent with the 
existing status of GSO FSS vis-[agrave]-vis NGSO FSS.
---------------------------------------------------------------------------

    \38\ See Appendix B (where a reference to footnote NG527A has 
been added to the 18.8-19.3 GHz band in the non-Federal Table and 
where the text of footnote NG527A has been revised accordingly).
    \39\ 47 CFR 2.106, NG165 (stating, ``In the bands 18.8-19.3 GHz 
and 28.6-29.1 GHz, geostationary-satellite networks in the fixed-
satellite service shall not cause harmful interference to, or claim 
protection from, non-geostationary-satellite systems in the fixed-
satellite service.'').
---------------------------------------------------------------------------

General Issues

    The Commission sought comment on any possible effects that 
expanding the frequencies available to ESIMs communicating with GSO FSS 
satellite networks may have on other services in these frequency bands 
or adjacent frequency bands in the United States.\40\ National Academy 
of Sciences' Committee on Radio Frequencies (CORF) expresses concern 
about other services and adjacent bands.\41\ In addition, Boeing 
proposes that consideration be given to opening the 19.4-19.6 GHz band 
to both GSO and NGSO FSS systems, including those operating with 
ESIMs.\42\
---------------------------------------------------------------------------

    \40\ ESIMs GSO FSS FNPRM, 32 FCC Rcd at 9354, para. 90.
    \41\ See generally CORF FNPRM Comments. The FWCC's concerns were 
previously addressed in the discussion on the individual frequency 
bands.
    \42\ Boeing FNPRM Reply Comments.
---------------------------------------------------------------------------

    CORF expresses concerns regarding potential interference to 
protected passive scientific observations caused by GSO FSS downlink 
transmissions to ESIMs.\43\ Specifically, CORF is concerned that the 
reception of GSO FSS satellite signals by ESIMs in the 10.7-10.95 GHz, 
17.8-18.3 GHz, 18.8-19.3 GHz (space-to-Earth), and 19.6-19.7 GHz 
(space-to-Earth) bands, which, CORF asserts, could result in additional 
interference to Earth exploration-satellite service systems and radio 
astronomy service operating in adjacent frequencies. CORF advocates for 
more stringent out-of-band emissions limits for GSO FSS satellite 
signals that would be received by ESIMs using the 10.7-

[[Page 44776]]

10.95 GHz band.\44\ CORF also suggests that the Commission prohibit the 
reception of satellite signals by ESIMs in the bottom 25 megahertz 
portion of the 10.7-10.95 GHz band in order to create a guard band to 
further protect scientific monitoring by Earth exploration-satellite 
service systems.\45\
---------------------------------------------------------------------------

    \43\ See generally CORF FNPRM Comments.
    \44\ CORF FNPRM Comments at 8.
    \45\ CORF FNPRM Comments at 9.
---------------------------------------------------------------------------

    We decline to adopt new limits on out-of-band emissions or 
prohibitions on GSO FSS downlink use in this proceeding. References to 
ESIMs communications with GSO FSS satellites as ``ESIM downlinks'' are 
inaccurate, and concerns regarding the difficulty of addressing 
interference from ``moving targets'' are misplaced, because the only 
transmissions in the frequency ranges discussed by CORF will be from 
GSO satellites, not from ESIM terminals.\46\ Accordingly, CORF concerns 
are not with ESIMs, which solely receive in the frequency bands that 
CORF identified as being of concern, but rather with the space-to-Earth 
transmissions of GSO FSS satellites, which are not the subject of this 
rulemaking. In this respect, we note that the Commission's rules 
already impose specific limits on out of band emissions in the 
frequency bands and services at issue here.\47\ Possible revisions to 
these limits are the subject of a separate rulemaking.\48\ In addition, 
as mentioned above, protection of radio astronomy service observations 
is also ensured through specific footnotes to the U.S. Table of 
Allocations.\49\
---------------------------------------------------------------------------

    \46\ SES FNPRM Reply Comments at 2-3.
    \47\ 47 CFR 25.202(f).
    \48\ Further Streamlining Part 25 Rules Governing Satellite 
Services, Notice of Proposed Rulemaking, 33 FCC Rcd 11502, 11507-08, 
paras. 18-19 (rel. Nov. 19, 2018) (2018 Part 25 Further Streamlining 
Notice).
    \49\ 47 CFR 2.106, US211 and US246.
---------------------------------------------------------------------------

    Additionally, CORF expresses concern about the use of the 18.6-18.8 
GHz (space-to-Earth) band, which was not proposed as an additional 
frequency band for communications of ESIMs with NGSO FSS 
satellites.\50\ This band is allocated for passive scientific 
observation use on a co-primary basis with GSO FSS in the space-to-
Earth direction, with GSO FSS downlinks subject to power flux density 
limits designed to protect other authorized spectrum users.\51\ 
Specifically, CORF states that any new use by ESIMs in these frequency 
bands should be mindful of the need to preserve the extensive existing 
scientific use of the 18.6-18.8 GHz (space-to-Earth) band.\52\ The 
Commission has previously concurred with this need,\53\ and no further 
action is appropriate because the 18.6-18.8 GHz band is not one of the 
additional frequency bands included in this proceeding.\54\
---------------------------------------------------------------------------

    \50\ See generally CORF FNPRM Comments.
    \51\ 47 CFR 2.106, US255.
    \52\ CORF FNPRM Comments at 10.
    \53\ GSO ESIMs Report & Order and FNPRM, 33 FCC Rcd at 9347-48, 
para. 63.
    \54\ We note that GSO FSS space-to-Earth operations are already 
subject to prior coordination with Federal users in this band 
pursuant to footnote US334 to the U.S. Table. 47 CFR 2.106, US334.
---------------------------------------------------------------------------

    Boeing proposes to open the 19.4-19.6 GHz band to both GSO and NGSO 
FSS systems, including those operating with ESIMs, on a secondary basis 
with respect to feeder links to NGSO MSS space stations operating in 
these frequencies.\55\ Boeing argues that GSO and NGSO FSS systems are 
already permitted to operate below 19.4 GHz and above 19.6 GHz, so the 
reception of these transmissions by ESIMs will not alter the spectrum 
sharing conditions.\56\ We disagree. As Iridium accurately notes, the 
Ka-band plan and U.S. Table of Frequency Allocations prohibit any earth 
station--fixed, in motion, individually-licensed, or blanket-licensed--
from communicating with an FSS space station in this frequency 
band.\57\ Further, Iridium points out that this proposal is beyond the 
scope of the current rulemaking.\58\ We agree with Iridium, and find 
that this proceeding is not the appropriate forum to address Boeing's 
proposal.
---------------------------------------------------------------------------

    \55\ Boeing FNPRM Comments at 5-6.
    \56\ Id. at 6.
    \57\ Iridium FNPRM Reply Comments at 1-2.
    \58\ Id. at 2-3.
---------------------------------------------------------------------------

Regulatory Framework for Communications of ESIMs With NGSO Satellites 
(IB Docket No. 18-315)

    In the ESIMs NGSO NPRM, the Commission sought comment on allowing 
ESIMs to communicate with NGSO FSS satellites in the 11.7-12.2 GHz 
(space-to-Earth); 14.0-14.5 GHz (Earth-to-space); 18.3-18.6 GHz (space-
to-Earth); 19.7-20.2 GHz (space-to-Earth); 28.35-28.6 GHz (Earth-to-
space); and 29.5-30.0 GHz (Earth-to-space) bands, as well as the 18.8-
19.3 GHz (space-to-Earth), and the 28.6-29.1 GHz (Earth-to-space) 
bands, the 10.7-11.7 GHz (space-to-Earth) bands, the 17.8-18.3 GHz 
(space-to-Earth) band, and the 19.3-19.4 GHz and 19.6-19.7 GHz (space-
to-Earth) bands, \59\ which encompass most of the same conventional Ku-
band, extended Ku-band, and Ka-band frequencies that were allowed or 
proposed for communications of ESIMs with GSO FSS satellites.\60\ 
Second, the Commission sought comment on extending blanket earth 
station licensing, which is available to ESIMs communicating with GSO 
FSS satellites, to ESIMs communicating with NGSO FSS satellites in 
frequency bands in which NGSO FSS systems have a primary status, or 
have been found to be able to operate on a secondary or non-conforming 
basis, without causing interference to primary users of the bands.\61\ 
Finally, the Commission sought comment on revisions to specific rule 
provisions to implement these changes.\62\
---------------------------------------------------------------------------

    \59\ FSS operation in the 18.6-18.8 GHz band is limited to 
communications with GSO space stations. 47 CFR 2.106 NG164. 
Transmissions to NGSO space stations in the 29.25-29.5 GHz band are 
limited to feeder links to MSS space stations. See 47 CFR 2.106 
NG535A. Thus, the frequency bands 18.6-18.8 GHz (space-to-Earth) and 
29.25-29.5 GHz (Earth-to-space) were not included in the proposed 
bands for ESIMS NGSO FSS operations.
    \60\ NGSO ESIMs NPRM, 33 FCC Rcd at 11418-19, para. 7; ESIMs 
Report and Order and Further Notice, 32 FCC Rcd at Appendix F 
(proposing frequencies available for ESIMs in a revision to Sec.  
25.202(a)(10)).
    \61\ NGSO ESIMs NPRM, 33 FCC Rcd at 11420, para. 15.
    \62\ The Commission did not seek comment on, and we do not 
address here, the operations of traditional NGSO satellite 
constellations offering mobile-satellite service (MSS), such as 
those operated by Iridium LLC, Globalstar, Inc., or ORBCOMM License 
Corp.
---------------------------------------------------------------------------

    As a general matter, we conclude that the public interest is served 
by adopting a regulatory framework for communications of ESIMs with 
NGSO FSS satellites that is analogous to that which exists for ESIMs 
communicating with GSO FSS satellites and offers a similar streamlined 
path to deployment. Given the growing number of NGSO FSS entities that 
propose to provide service to earth stations at fixed locations as well 
as to ESIMs,\63\ it is important to have streamlined rules in place for 
NGSO ESIMs operations, both for parity among ESIM operators and 
regulatory certainty for potential operators.\64\ Doing so will 
facilitate the spread of accessible, broadband

[[Page 44777]]

mobility services; \65\ promote global spectrum harmonization, allow 
customers to take advantage of seamless connectivity; \66\ increase 
investment in NGSO FSS capacity that can serve remote and rural areas 
and provide restoration if terrestrial networks are damaged due to 
natural disasters; \67\ and ensure that antenna manufacturers are able 
to bring their antennas to the market quickly, enabling a faster return 
on their investment, and thus making the U.S. a desirable market in 
which to introduce innovative new equipment.\68\ We agree with many of 
the public interest benefits expressed in the record of the proceeding 
and adopt the framework discussed in the NGSO ESIMs NPRM.
---------------------------------------------------------------------------

    \63\ During the preceding years, licenses or grants of U.S. 
market access have been given to a number of NGSO FSS satellite 
providers. See, e.g., O3b Limited, Request for Modification of U.S. 
Market Access for O3b Limited's Non-Geostationary Satellite Orbit 
System in the Fixed-Satellite Service and in the Mobile-Satellite 
Service, Order and Declaratory Ruling, 33 FCC Rcd. 5508 (2018); 
Space Exploration Holdings, LLC, Application for Approval for 
Orbital Deployment and Operating Authority for the SpaceX NGSO 
Satellite System, Memorandum Opinion, Order and Authorization, 33 
FCC Rcd 3391 (2018); Telesat Petition for Declaratory Ruling to 
Grant Access to the U.S. Market for Telesat's NGSO Constellation, 
Order and Declaratory Ruling, 32 FCC Rcd. 9663 (2017); WorldVu 
Satellites Limited, Petition for Declaratory Ruling Granting Access 
to the U.S. Market for the OneWeb NGSO FSS System, Order and 
Declaratory Ruling, 32 FCC Rcd 5366 (2017).
    \64\ Letter from Ryan W. King, Vice President & Head of Legal, 
Americas, Speedcast Americas Inc. to Marlene H. Dortch, Secretary, 
Federal Communications Commission (filed Sept. 25, 2019).
    \65\ ESIM Coalition NPRM Comments at 5, SES and O3b NPRM 
Comments at 1, 3. See also Letter from Mariah Dodson Shuman, 
Corporate Counsel, Project Kuiper, Kuiper Systems LLC to Marlene H. 
Dortch, Secretary, Federal Communications Commission (filed Nov. 26, 
2019).
    \66\ SES and O3b NPRM Comments at 4, 5-6.
    \67\ Id. at 5.
    \68\ SES and O3b NPRM Comments at 5; Viasat NPRM Comments at 3.
---------------------------------------------------------------------------

Ku- and Ka- Frequency Bands

    11.7-12.2 GHz, 14.0-14.5 GHz, 18.3-18.6 GHz, 19.7-20.2 GHz, 28.35-
28.6 GHz, and 29.5-30.0 GHz.--The Commission sought comment on 
allowing, to the extent feasible, ESIMs to communicate with NGSO FSS 
systems in the Ku- and Ka-bands where the Commission's rules allow ESIM 
communications with GSO FSS space stations. The Commission proposed to 
allow ESIMs to communicate with NGSO FSS systems under the existing 
primary FSS allocation in the following six frequency bands: 11.7-12.2 
GHz (space-to-Earth); 14.0-14.5 GHz (Earth-to-space); 18.3-18.6 GHz 
(space-to-Earth); 19.7-20.2 GHz (space-to-Earth); 28.35-28.6 GHz 
(Earth-to-space); and 29.5-30.0 GHz (Earth-to-space).\69\ There are no 
allocations to terrestrial services in any of these bands. Under the 
Commission's rules, NGSO FSS operations cannot cause interference to, 
or claim protection from, GSO FSS networks.\70\ Accordingly, the 
Commission sought comment on adding new paragraphs to footnote NG527A 
of the Table of Frequency Allocations set forth at 47 CFR 2.106 to 
indicate that ESIMs can operate with NGSO FSS space stations in these 
six frequency bands.
---------------------------------------------------------------------------

    \69\ ESIMs NGSO FSS NPRM, 33 FCC Rcd at11419, para. 9. T-Mobile 
asks the Commission to clarify that its proposals in this proceeding 
will not expand use of ESIM operations in the 3.7-4.2 GHz band. T-
Mobile NPRM Comments at 1-3. We so clarify here.
    \70\ 47 CFR 25.289.
---------------------------------------------------------------------------

    We adopt the proposal to add a paragraph to footnote NG527A to 
specify that ESIMs may be authorized to communicate with NGSO FSS 
satellites in these six bands, with the exception of the 28.35-28.4 GHz 
band, under the existing primary FSS allocation. Many commenters agree 
that the Commission should adopt its proposal to allow ESIMs to 
communicate with NGSO FSS systems on a primary basis in these frequency 
bands.\71\ For example, the ESIM Coalition supports adoption of the 
proposal to add a paragraph to footnote NG527A to indicate that ESIMs 
can operate with NGSO FSS satellites in these six frequency bands.\72\ 
This will ensure that the part 25 rules accurately reflect the current 
NGSO-GSO sharing framework and extend this well accepted framework to 
NGSO FSS operations with ESIMs.
---------------------------------------------------------------------------

    \71\ ESIM Coalition NPRM Comments at 2-3; Hughes NPRM Comments 
at 3.
    \72\ See also SES and O3b NPRM Comments at 7.
---------------------------------------------------------------------------

    Some concerns, however, were recently raised about potential 
interference from out-of-band emissions of ESIMs in the 28.35-28.6 GHz 
band into the adjacent 27.5-28.35 GHz band used by UMFUS, generated by 
ESIM transmissions to NGSO FSS space stations in frequencies above 
28.35 GHz.\73\ Contrarily, others have argued that the Commission 
already considered and dismissed similar concerns when it authorized 
ESIMs to communicate with GSO satellites, and the authorization of ESIM 
communications with NGSOs does not raise any new concerns.\74\ Given 
these differences of opinion, we are initiating a Further Notice to 
further develop the record on these issues. As such, we will not permit 
ESIM operations with NGSO FSS space stations in the lowest 50 megahertz 
of the 28.35-28.6 GHz band (28.35-28.4 GHz), subject to further 
consideration. However, in the interest of avoiding delay in potential 
ESIMs operations in the remaining 200 megahertz of the 28.35-28.6 GHz 
band, we will permit the filing and processing of ESIMs applications 
for use of spectrum between 28.4-28.6 GHz, with any grants conditioned 
on compliance with any future determinations made in this proceeding. 
Based on the current record, we do not anticipate that ESIM operations 
above 28.4 GHz will have a significant out-of-band emissions impact on 
UMFUS operation below 28.35 GHz.\75\ Additionally, should parties have 
concerns about specific applications for ESIMs use, they can be 
addressed as part of the public comment review process for each ESIM 
application filed before the Commission. Before granting any of these 
applications, the possible need to require more stringent limits than 
those in Sec.  25.202(f), even for ESIM operations with NGSO FSS space 
stations above 28.4 GHz, can be considered and addressed as 
appropriate.
---------------------------------------------------------------------------

    \73\ Letter from Daudeline Meme, Verizon and US Cellular to 
Marlene H. Dortch, Secretary, Federal Communications Commission 
(filed May 4, 2020) (Verizon May 4 Ex Parte Letter).
    \74\ Letter from Suzanne Malloy, Vice President of Regulatory 
Affairs for SES Americom, Inc. and O3b Limited, Kimberly M. Baum 
Vice President, Regulatory Affairs Hughes Network Systems, LLC, and 
EchoStar Satellite Services, L.L.C. to Marlene H. Dortch, Secretary, 
Federal Communications Commission (filed May 6, 2020) (SES Americom, 
Inc. and O3b Limited, Inmarsat, Inc., Hughes Network Systems, LLC, 
and EchoStar Satellite Services, L.L.C. May 6 Ex Parte Letter); 
Letter from John P. Janka, Chief Officer, Global Government Affairs 
& Regulatory, Viasat, Inc. to Marlene H. Dortch, Secretary, Federal 
Communications Commission (filed May 6, 2020) (Viasat May 6 Ex Parte 
Letter).
    \75\ As per Sec.  25.202(f), ESIM emissions will be attenuated 
by approximately 35 dB at 28.35 GHz.
---------------------------------------------------------------------------

    Several commenters believe that the use of the term ``primary'' to 
describe the status of communications of ESIMs with NGSO FSS satellites 
in these six bands is potentially confusing because of the need of such 
communications to protect GSO FSS operations.\76\ We clarify here and 
in the new paragraph (c) to footnote NG527A, that NGSO ESIMs operations 
in these bands are on an unprotected, non-interference basis only with 
respect to GSO FSS operations. As Intelsat correctly states, we do not 
propose to elevate the NGSO protection status vis-[agrave]-vis GSO 
operations.\77\ Rather, communications of ESIMs with NGSO FSS 
satellites is an application in the FSS,\78\ which has a primary 
allocation in these bands.\79\ The rules for communications of ESIMs 
with both NGSO and GSO satellites maintain the existing protection 
status offered to GSO operations vis-[agrave]-vis NGSO operations, 
which is articulated in the proposed revision to footnote NG527A. In 
other words, NGSO ESIM operations will be provided the same 
protections, and have the same obligations, as NGSO FSS already 
possesses. This includes the obligation for NGSO FSS to protect GSO 
FSS--including GSO FSS communications to ESIMs--in these frequency 
bands under part 25 of the Commission's rules.\80\
---------------------------------------------------------------------------

    \76\ ESIMS Coalition NPRM Comments at 2-3; Intelsat NPRM Reply 
Comments at 2.
    \77\ Intelsat NPRM Reply Comments at 2.
    \78\ See U.S. Table of Frequency Allocations, 47 CFR 2.106, n. 
NG527A.
    \79\ Id.
    \80\ 47 CFR 25.289 (stating that, unless provided otherwise, 
``an NGSO system licensee must not cause unacceptable interference 
to, or claim protection from, a GSO FSS . . . network'').

---------------------------------------------------------------------------

[[Page 44778]]

    Some commenters noted the Commission used the term ``harmful 
interference'' in some contexts and ``unacceptable interference'' in 
the NPRM.\81\ The specific obligation on NGSO FSS operations is that 
they do not cause unacceptable interference to GSO FSS networks.\82\ We 
believe that ``unacceptable interference'' is the appropriate term to 
use here.\83\ To the extent that ``harmful interference'' was used 
elsewhere in the ESIMs NGSO NPRM, we clarify that there was no intent 
to alter the ``unacceptable interference'' obligation.
---------------------------------------------------------------------------

    \81\ ESIMs Coalition NPRM Comments at 3; SES and O3b NPRM 
Comments at 8; Intelsat NPRM Reply Comments at 3.
    \82\ 47 CFR 25.289.
    \83\ See 47 CFR 25.289; ESIMs NGSO FSS NPRM, 33 FCC Rcd at 
11425-28, App. A. (The Commission used the term ``unacceptable 
interference'' in proposed footnote NG527A).
---------------------------------------------------------------------------

    18.8-19.3 GHz and 28.6-29.1 GHz.--The Commission proposed to allow 
ESIMs to communicate with NGSO FSS systems on a primary basis in the 
18.8-19.3 GHz (space-to-Earth), and the 28.6-29.1 GHz (Earth-to-space) 
bands. In these bands, there are no terrestrial allocations, and GSO 
FSS operations are secondary with respect to NGSO FSS. Accordingly, the 
Commission sought comment on adding a new paragraph (e) to footnote 
NG527A to indicate that ESIMs can operate both with a GSO FSS space 
station and with NGSO FSS systems in these two frequency bands, but 
that GSO FSS operations in these bands must not cause unacceptable 
interference to, or claim protection from, NGSO FSS networks.\84\ We 
adopt this proposal.
---------------------------------------------------------------------------

    \84\ ESIMs NGSO FSS NPRM, 33 FCC Rcd at 11419, para. 10.
---------------------------------------------------------------------------

    Boeing and other commenters support this proposal.\85\ Boeing 
asserts that the Commission already appropriately treats ESIMs as a 
permitted application of FSS, employing the same frequency allocation 
and protection rights as FSS.\86\ Hughes, on the other hand, supports 
permitting NGSO ESIM operation in the 18.8-19.3 GHz (space-to-Earth) 
and 28.6-29.1 GHz (Earth-to-space) bands, not on a primary basis as the 
Commission proposes, but ``with a status equal to that of any GSO 
operation that takes place in the frequency band.'' \87\ Hughes notes 
that, to date, the Commission has authorized use of these bands by GSO 
FSS on a secondary basis with respect to communications between NGSO 
systems and fixed earth stations, and that Hughes has successfully 
entered into coordination agreements with several NGSO system operators 
to utilize these frequency bands in its GSO satellite networks, with 
the expectation that coordination would require analysis only of 
networks with fixed earth stations.\88\ According to Hughes, allowing 
NGSO ESIMs to operate on a primary basis would complicate the ability 
of GSO licensees to seek coordination agreements with NGSO systems that 
will allow these frequency bands to be used with maximum 
efficiency.\89\ Therefore, Hughes argues the Commission should permit 
all GSO operations and ESIM NGSO operations to have equal status, with 
each having secondary status with respect to fixed earth stations 
communicating with NGSO satellites in these frequency bands.\90\
---------------------------------------------------------------------------

    \85\ See Boeing NPRM Comments at 7; ESIM Coalition at 3; SES and 
O3b NPRM Comments at 8.
    \86\ Boeing NPRM Comments at 7.
    \87\ Hughes NPRM Comments at 4.
    \88\ Id.
    \89\ Id. at 4-5.
    \90\ See Letter from Jennifer A. Manner, Senior Vice President, 
Regulatory Affairs, Hughes Network Systems, to Marlene H. Dortch, 
Secretary, Federal Communications Commission, IB Docket No. 18-315, 
at 2 (Apr. 19, 2019).
---------------------------------------------------------------------------

    We agree with Boeing that Hughes' proposal overreaches with respect 
to the appropriate regulatory treatment of ESIMs operating in the 18.8-
19.3 GHz (space-to-Earth) and the 28.6-29.1 GHz (Earth-to-space) 
bands.\91\ As Hughes acknowledges, these frequency bands constitute one 
of the few FSS allocations where NGSO FSS systems have priority over 
GSO FSS networks.\92\ Nonetheless, Hughes urges the Commission to treat 
ESIMs operations with NGSO FSS systems as co-equal with GSO FSS 
networks in this spectrum.\93\ As the Commission has stated, ``limiting 
the primary designation in these frequency bands to NGSO FSS systems 
will give operators of these systems greater flexibility in the 
coordination discussions and ultimate deployment.'' \94\ Further, we 
agree with Boeing that Hughes' private agreements with certain NGSO FSS 
operators are immaterial to Commission policy regarding the rights of 
future NGSO FSS systems.\95\ Accordingly, we decline to lower the 
status of ESIMs communicating with NGSO FSS satellites below that of 
other earth stations communicating with NGSO FSS satellites.
---------------------------------------------------------------------------

    \91\ Boeing NPRM Reply Comments at 2.
    \92\ Hughes NPRM Reply Comments at 4. As Boeing notes, Hughes 
does not explain how its proposal for co-equal status would work. 
Presumably, however, Hughes' existing Ka-band GSO FSS operations 
would have first-in-time priority over ESIMs operating with NGSO FSS 
systems given the fact that ESIMs are not yet authorized in this 
spectrum. Boeing NPRM Reply Comments at 3.
    \93\ Hughes NPRM Comments at 4.
    \94\ See Update to Parts 2 and 25 Concerning Non-Geostationary, 
Fixed-Satellite Service Systems and Related Matters, Report and 
Order and Further Notice of Proposed Rulemaking, 32 FCC Rcd 7809, 
7814-15, ] 14 (2017) (NGSO FSS Report and Order).
    \95\ Boeing NPRM Reply Comments at 3.
---------------------------------------------------------------------------

    Viasat argues that the Commission must ensure that any primary NGSO 
ESIM operations that may be allowed in the 18.8-19.3 GHz (space-to-
Earth) and 28.6-29.1 GHz (Earth-to-space) band segments within the 
United States do not impact GSO operations outside of the United 
States, where GSO and NGSO systems are co-primary and are subject to 
ITU coordination requirements.\96\ Similarly, Hughes requests that the 
Commission clarify that while GSO operations are secondary to NGSO 
operations in the United States in these frequency bands, the services 
are co-primary outside the United States.\97\ As has been the 
Commission's policy in other situations involving operations outside 
the United States, ESIM operations in a NGSO FSS system licensed by the 
United States will: (i) Have higher status than operations in a GSO FSS 
satellite network licensed by the United States anywhere in the world; 
(ii) have higher status than operations in a GSO FSS satellite network 
that holds a grant to access the U.S. market only for communications to 
or from the U.S. territory; and (iii) be co-primary with a GSO FSS 
satellite network in all other cases.\98\
---------------------------------------------------------------------------

    \96\ Viasat NPRM Comments at 5.
    \97\ Hughes NPRM Reply Comments at 1-2.
    \98\ NGSO FSS Report and Order, 32 FCC Rcd at 7814-15, para. 14.
---------------------------------------------------------------------------

    In addition, CORF raises concerns regarding the Earth exploration-
satellite service co-primary allocation at 18.6-18.8 GHz (space-to-
Earth).\99\ Specifically, CORF is concerned that NGSO ESIM operations 
in 18.3-18.6 GHz (space-to-Earth) and 18.8-19.3 GHz (space-to-Earth) 
may contaminate Earth exploration-satellite service observations, as 
radio interference from moving targets is even more difficult to flag 
and remove than interference from fixed stations.\100\ CORF also notes 
that increased usage of the adjacent bands may degrade this band if 
out-of-band emissions are not severely curtailed.\101\ CORF raised 
similar arguments against operation in these bands in the context of 
ESIM operation with GSO FSS satellites. As we noted in addressing their 
arguments there, CORF's concerns are not with ESIMs, which solely 
receive in the frequency bands that CORF identified as being of 
concern, but rather with the space-to-Earth

[[Page 44779]]

transmissions of NGSO satellites, which are not the subject of this 
rulemaking.\102\ Therefore, as before, we note that the Commission's 
rules already impose specific limits on out of band emissions.
---------------------------------------------------------------------------

    \99\ See CORF NPRM Comments.
    \100\ Id. at 12.
    \101\ Id. at 13.
    \102\ See supra para. 22.
---------------------------------------------------------------------------

    Kymeta argues for even further streamlining than the Commission has 
proposed.\103\ For example, in the case of existing licensees seeking 
to operate with NGSO satellite systems on a primary basis in the 28.6-
29.1 GHz (Earth-to-space) band, Kymeta states that no additional 
technical information should be required.\104\ Further, Kymeta requests 
the Commission to find that for existing licensees seeking to operate 
with NGSO satellite systems on a primary or secondary basis in all 
other authorized Ku-band and Ka-band frequencies, the only additional 
technical showing required would be a demonstration that the ESIM 
complies with the equivalent power flux density up limits referenced in 
Sec.  25.289. While other commenters do not oppose Kymeta's proposals 
as a general matter, commenters disagree about the specific technical 
showing that should be required.\105\ We note that such proposals are 
well beyond the current rulemaking. Moreover, any showing of the kind 
proposed by Kymeta would be more appropriately provided by the licensee 
of the NGSO FSS system since equivalent power flux density limits refer 
to the aggregate of all emissions within the system. We therefore 
decline to adopt Kymeta's proposals at this time.
---------------------------------------------------------------------------

    \103\ Kymeta NPRM Comments at 4-5.
    \104\ Id. at 4.
    \105\ See, e.g. SES NPRM Reply Comments at 8.
---------------------------------------------------------------------------

    10.7-11.7 GHz.--The Commission sought comment on allowing ESIMs to 
receive signals from NGSO FSS space stations in the 10.7-11.7 GHz 
(space-to-Earth) band, on an unprotected basis, with respect to 
transmissions from non-Federal fixed service stations. FSS and fixed 
service are co-primary in these frequency bands, and receive 
terrestrial stations are protected by existing power flux density 
limits on space station transmissions.\106\ Accordingly, the Commission 
sought comment on revising paragraph (a) of footnote NG527A to indicate 
that ESIMs can operate with NGSO FSS systems on an unprotected basis 
with regard to non-Federal fixed service in this frequency band. Many 
commenters support this proposal.\107\ Also, in this frequency band, 
NGSO FSS operations must not cause unacceptable interference to, or 
claim protection from, GSO FSS networks.\108\ Boeing states that the 
downlink transmissions from NGSO FSS satellites to ESIMs will be 
indistinguishable from existing NGSO FSS downlink transmissions.\109\ 
We agree with Boeing and find that the operation of ESIMs in this band 
will be indistinguishable from other NGSO FSS operations. Because the 
mechanisms the Commission already has in place to protect GSO FSS 
networks from NGSO FSS will also provide protection against NGSO ESIM 
operations, we adopt the revisions proposed to paragraph (a) of 
footnote NG527A, which will allow ESIMs to operate on an unprotected 
basis with regard to non-Federal fixed service in this frequency 
band.\110\
---------------------------------------------------------------------------

    \106\ 47 CFR 25.146(a)(1).
    \107\ Boeing NPRM Comments at 8; Hughes NPRM Comments at 5; 
Kepler NPRM Comments at 2; Viasat NPRM Comments at 4.
    \108\ 47 CFR 25.289. Commenters here again raise the issue of 
use of the term ``unacceptable interference'' versus ``harmful 
interference'' in the NPRM. See, e.g., SES and O3b NPRM Comments at 
8. This issue is addressed at paragraph 30, supra.
    \109\ Boeing NPRM Comments at 8.
    \110\ Consistent with our decision in paragraph 8 above, we 
revise footnote NG527A to allow ESIMs to communicate with NGSO 
satellites, subject to the conditions that ESIMs may not claim 
protection from transmissions from non-Federal fixed service 
stations and that NGSO FSS systems may not cause unacceptable 
interference to, or claim protection from, GSO FSS networks. See 
Appendix B, NG527A.
---------------------------------------------------------------------------

    CORF asserts that there is a significant risk of interference to 
radio astronomy observations from downlinks in the 10.7-11.7 GHz 
band.\111\ We agree that protection of these services is important but 
find that existing protections are sufficient to guard against 
interference to radio astronomy operations. CORF suggests protection of 
the primary allocation of Earth exploration-satellite service in the 
10.68-10.70 GHz portion of the frequency band either through use of a 
guard band of 25 megahertz, so that the lowest frequency of this ESIM 
downlink band would be 10.725 GHz, or through use of a more stringent 
out-of-band emission standard for ESIM downlinks to protect Earth 
exploration-satellite service observations in the 10.68-10.70 GHz 
band.\112\ As CORF notes, however, radio astronomy service observations 
in the 10.6-10.7 GHz band \113\ are already entitled to protection 
under the Commission's rules,\114\ as established by footnote US74, 
which states that ``the radio astronomy service shall be protected from 
unwanted emissions only to the extent that such radiation exceeds the 
level which would be present if the offending station were operating in 
compliance with the technical standards or criteria applicable to the 
service in which it operates.'' \115\ Since our actions today do not 
change this balance that the rules strike, and since the question of 
modifying the current protection of radio astronomy observation is part 
of an ongoing Commission proceeding regarding out-of-band-
emissions,\116\ the appropriate forum to address these requests is that 
proceeding. Accordingly, we decline to address those requests here. 
CORF also asks the Commission to include a requirement for NGSO 
operators transmitting in the 10.7-11.7 GHz band to coordinate with 
radio astronomy observatories; however, as CORF acknowledges, such a 
requirement is already included in footnote US131.\117\
---------------------------------------------------------------------------

    \111\ CORF NPRM Comments at 8.
    \112\ Id. at 9-10.
    \113\ As we note in fn 27, CORF mentions 10.6-11.7 GHz on page 7 
of its FNPRM Comments. However, it is clear from the context that 
their intention was to reference the 10.6-10.7 GHz band which has a 
primary allocation to the Radio Astronomy Services. 47 CFR 2.106.
    \114\ Id. In the 10.68 GHz-10.70 GHz portion of the frequency 
band, radio astronomy service has a primary allocation and is 
protected domestically by footnote US246, and by RR No. 5.340 
worldwide. Pursuant to US246, ``[n]o station shall be authorized to 
transmit'' at 10.68-10.7 GHz, and pursuant to RR 5.340, ``[a]ll 
emissions are prohibited'' at 10.68-10.7 GHz. See 47 CFR 2.106, 
US246. Similarly, in footnote US211, applicants for airborne or 
space station assignments at, among other frequency bands, 10.7-11.7 
GHz, are urged to take all practicable steps to protect radio 
astronomy observations in the adjacent bands from harmful 
interference. 47 CFR 2.106, US211; see also 47 CFR 2.106, US131 
(requiring prior coordination with specific radio astronomy service 
sites).
    \115\ 47 CFR 2.106, US74.
    \116\ CORF NPRM Comments at 9-10. See 2018 Part 25 Further 
Streamlining Notice, 33 FCC Rcd at 11507-08, paras. 18-19.
    \117\ CORF NPRM Comments at 8-9; 47 CFR 2.106, US131.
---------------------------------------------------------------------------

    17.8-18.3 GHz.--The Commission sought comment on allowing ESIMs to 
receive signals from NGSO FSS systems on a secondary basis in the 17.8-
18.3 GHz (space-to-Earth) band. This frequency band is allocated to the 
fixed service on a primary basis and, given the FSS secondary status, 
ESIM receive earth stations are not entitled to protection. Protection 
of terrestrial operations in this band will be ensured by imposing on 
space station transmissions the appropriate power flux density 
limits.\118\ Accordingly, the Commission sought comment on adding a 
paragraph to footnote NG527A to indicate that ESIMs can operate on a 
secondary basis with regard to non-Federal fixed service in this 
frequency band, both with a GSO FSS space station and with NGSO FSS 
systems.\119\
---------------------------------------------------------------------------

    \118\ 47 CFR 25.146(a)(1).
    \119\ In this band, NGSO FSS operations must not cause 
unacceptable interference to, or claim protection from, GSO FSS 
networks. See 47 CFR 25.289.
---------------------------------------------------------------------------

    The ESIM Coalition and other commenters support the proposal to 
allow ESIMs to receive signals from

[[Page 44780]]

NGSO FSS space stations on a secondary basis in the 17.8-18.3 GHz 
(space-to-Earth) band, and no commenter opposed this proposal.\120\ As 
the Commission explained in the NGSO ESIMs NPRM,\121\ NGSO ESIMs can 
ensure adequate protection of terrestrial operations via compliance 
with the existing International Telecommunication Union power flux 
density limits, currently codified in the Commission's rules.\122\ 
Accordingly, we adopt the proposed addition of paragraph (d) to 
footnote NG527A.
---------------------------------------------------------------------------

    \120\ Boeing NPRM Comments at 10; ESIM Coalition NPRM Comments 
at 4; SES and O3b NPRM Comments at 8; Viasat Comments at 4.
    \121\ ESIMs FSS NGSO NPRM, at para. 13.
    \122\ ESIM Coalition NPRM Comments at 4; see also 47 CFR 
25.146(a)(1).
---------------------------------------------------------------------------

    19.3-19.4 GHz and 19.6-19.7 GHz.--The Commission sought comment on 
allowing ESIMs to receive signals from NGSO FSS space stations in the 
19.3-19.4 GHz and 19.6-19.7 GHz (space-to-Earth) bands, on an 
unprotected basis, with respect to transmissions from non-Federal fixed 
service stations. FSS and fixed service are co-primary in these 
frequency bands, and receive terrestrial stations are protected by 
imposing the appropriate power flux density limits on space station 
transmissions.\123\ In addition, NGSO FSS operations must not cause 
unacceptable interference to, or claim protection from, GSO FSS 
networks.\124\ Accordingly, the Commission sought comment on revising 
footnote NG527A to indicate that ESIMs can operate with NGSO FSS 
systems in these two frequency bands on an unprotected basis with 
regard to non-Federal fixed service. The Commission also proposed 
revisions to footnote NG527A to indicate that ESIMs can operate with 
NGSO FSS systems in these two frequency bands, provided that NGSO FSS 
operations not cause unacceptable interference to, or claim protection 
from, GSO FSS satellite networks.\125\ Commenters support all of these 
proposals and raise no concerns.\126\
---------------------------------------------------------------------------

    \123\ 47 CFR 25.146(a)(1).
    \124\ 47 CFR 25.289.
    \125\ ESIMs NGSO NPRM, 33 FCC Rcd at 11420, para. 12.
    \126\ Boeing NPRM Comments at 8; ESIM Coalition NPRM Comments at 
4; OneWeb NPRM Comments at 10; SES and O3b NPRM Comments at 8; 
Viasat NPRM Comments at 4.
---------------------------------------------------------------------------

    Accordingly, we further revise paragraph (a) of footnote NG527(A) 
to state that NGSO ESIM operations in the 19.3-19.4 GHz and 19.6-19.7 
GHz (space-to-Earth) bands may be authorized on an unprotected basis 
with respect to fixed service and NGSO FSS systems operating with ESIMs 
may be authorized on an unprotected, non-interference basis with 
respect to GSO FSS satellite networks.\127\
---------------------------------------------------------------------------

    \127\ See Appendix B, NG527A.
---------------------------------------------------------------------------

Additional Frequency Bands

    Several parties filed comments requesting that we consider 
including frequency bands that were not proposed in the NGSO ESIMs 
NPRM. Boeing states that the Commission should permit GSO and NGSO 
ESIMs in every frequency band that is allocated for use by FSS.\128\ 
SES encourages the Commission to consider NGSO ESIMs matters as part of 
any future proceeding developing service rules for ``V-band'' FSS in 
the 37.5-52.4 GHz range of frequencies.\129\ Other commenters ask that 
the Commission authorize NGSO systems to support ESIMs in additional 
space-to-Earth frequency bands including 12.2-12.7 GHz, and throughout 
the V-band.\130\ While some other parties join these proposals, other 
commenters oppose them.\131\ For example, Iridium strongly objects to 
proposals to include the 19.4-19.6 GHz and the 29.1-29.5 GHz bands, 
arguing that these bands are beyond the scope of this proceeding.\132\ 
MDS Operations argues that allowing NGSO ESIM links in the 12.2-12.7 
GHz band would create insurmountable coordination challenges for 
incumbent licensees.\133\ The MVDDS 5G Coalition concurs.\134\ 
Specifically, they assert that ensuring that the 12.2-12.7 GHz band 
remains free of ESIMs communications with NGSO FSS satellites would 
protect in-band terrestrial services and preserve the possibility of 
future two-way mobile 5G services.\135\ CTIA asserts that permitting 
ESIM operations in the UMFUS bands would be inconsistent with the 
carefully calibrated framework the Commission adopted in the Spectrum 
Frontiers proceeding,\136\ which allows for limited siting of new earth 
stations under very specific rules.\137\
---------------------------------------------------------------------------

    \128\ Boeing FNPRM Comments at 1.
    \129\ SES and O3b NPRM Comments at 9; SES and O3b NPRM Reply 
Comments at 6-7.
    \130\ Boeing NPRM Reply Comments at 1; Viasat NPRM Comments at 
3; WorldVu NPRM Comments at i-ii, 3-7, WorldVu NPRM Reply Comments 
at 1-3.
    \131\ MDS Operations support the Commission's proposal to 
exclude the 12 GHz MVDDS band from the bands in which ESIMs may 
communicate with NGSOs. MDS Operations NPRM Reply Comments at 2. MDS 
Operations asserts that allocation for ESIM use in the 12 GHz band 
would stymie investment and innovation for MVDDS use. Id.
    \132\ See generally Iridium NPRM Reply Comments.
    \133\ MDS NPRM Reply Comments at 3-4.
    \134\ MVDDS 5G Coalition NPRM Reply Comments at 1-4.
    \135\ Id. at 1.
    \136\ See Use of Spectrum Bands Above 24 GHz For Mobile Radio 
Services, et al., Report and Order and Further Notice of Proposed 
Rulemaking, 31 FCC Rcd 8014 (2016); Use of Spectrum Bands Above 24 
GHz For Mobile Radio Services, et al., Second Report and Order and 
Order on Reconsideration, 32 FCC Rcd 10988 (2017); Use of Spectrum 
Bands Above 24 GHz For Mobile Radio Services, et al., Third Report 
and Order, 33 FCC Rcd 5576 (2018); Use of Spectrum Bands Above 24 
GHz For Mobile Radio Services, et al., Fifth Report and Order, 34 
FCC Rcd 2556 (2019).
    \137\ Letter from Jennifer L. Oberhausen, Director, Regulatory 
Affairs, CTIA to Marlene H. Dortch, Secretary, Federal 
Communications Commission (filed May 1, 2020) (CTIA May 1 Ex Parte 
Letter) at 2; Letter from Jennifer L. Oberhausen, Director, 
Regulatory Affairs, CTIA to Marlene H. Dortch, Secretary, Federal 
Communications Commission (filed May 6, 2020) (CTIA May 6 Ex Parte 
Letter).
---------------------------------------------------------------------------

    These additional frequency bands were not included in this 
proceeding, and the record is insufficient for us to consider use of 
these bands for ESIMs communications with NGSO FSS satellites. 
Moreover, allowing ESIMs to transmit in the UMFUS bands would be 
inconsistent with the Commission's decisions adopted in the Spectrum 
Frontiers proceeding. Accordingly, we decline to include these 
additional frequency bands in the rules adopted in this proceeding.

Blanket Licensing

    In the NGSO ESIMs NPRM, the Commission proposed extending blanket 
licensing for communications of ESIMs with NGSO FSS systems since such 
licensing would be limited to frequency bands in which NGSO FSS systems 
have a primary status or have been found to be able to operate on a 
secondary or non-conforming basis without causing interference to 
primary users of those bands. The Commission sought comment on 
extending blanket licensing to ESIMs operating with NGSO FSS space 
stations in all the frequency bands being proposed here for ESIM NGSO 
operation.
    Commenters were uniformly supportive of blanket licensing.\138\ 
Commenters argue that blanket licensing would be more efficient than 
individually licensing ESIM terminals,\139\ and that individual 
licensing is only necessary to facilitate site-by-site coordination, 
which is not needed for terminals in-motion, which employ technical 
means to operate on a shared basis with other spectrum users.\140\ In 
the past, the Commission has granted blanket licenses to ESIMs 
communicating with GSO FSS satellites for each specific type of ESIM-
Earth Stations on Vessels, Vehicle-Mounted Earth Stations, and Earth 
Stations Aboard Aircraft- concluding that

[[Page 44781]]

blanket licensing would be far more effective and administratively 
efficient than employing an individual licensing approach for these 
types of earth stations.\141\ We find that the proposed blanket 
licensing does not pose any increased risk of harmful interference and 
that the reasons that blanket licensing is appropriate for 
communications of these terminals with GSO FSS satellites applies 
equally to communications of such terminals with NGSO FSS systems. 
Accordingly, we conclude that blanket licensing is appropriate for 
communications of ESIMs with NGSO FSS satellites and adopt this 
proposal.\142\
---------------------------------------------------------------------------

    \138\ ESIM Coalition NPRM Comments at 5; Kymeta NPRM Comments at 
2-3; SES and O3b NPRM Comments at 10; WorldVu NPRM Comments at 10-
11; Boeing NPRM Comments at 12-13.
    \139\ ESIM Coalition NPRM Comments at 5.
    \140\ Kymeta NPRM Comments at 2-3.
    \141\ Procedures to Govern the Use of Satellite Earth Stations 
on Board Vessels in the 5925-6425 MHz/3700-4200 MHz Bands and 14.0-
14.5 GHz/11.7-12.2 GHz Bands, IB Docket No. 02-10, Report and Order, 
20 FCC Rcd 674, 722, para. 115 (2005); Amendment of Parts 2 and 25 
of the Commission's Rules to Allocate Spectrum and Adopt Service 
Rules and Procedures to Govern the Use of Vehicle-Mounted Earth 
Stations in Certain Frequency Bands Allocated to the Fixed-Satellite 
Service, IB Docket No. 07-101, Report and Order, 24 FCC Rcd 10414, 
10464, para. 162 (2009); Revisions to Parts 2 and 25 of the 
Commission's Rules to Govern the Use of Earth Stations Aboard 
Aircraft Communicating with Fixed-Satellite Service Geostationary-
Orbit Space Stations Operating in the 10.95-11.2 GHz, 11.45-11.7 
GHz, 11.7-12.2 GHz and 14.0-14.5 GHz Frequency Bands, IB Docket No. 
12-376, Report and Order, 27 FCC Rcd 16510, 16550, para. 104 (Dec. 
28, 2012).
    \142\ SES and O3b ask for confirmation that when the Commission 
stated in the NGSO ESIMs NPRM that ``ESIMs' communications with NGSO 
FSS systems would be limited to frequency bands in which NGSO FSS 
systems have a primary status, or have been found to be able to 
operate on a secondary or non-conforming basis, without causing 
interference to primary users of those bands,'' the Commission was 
referring to the frequency bands to be authorized for NGSO ESIMs 
through this proceeding. SES and O3b NPRM Comments at 10. SES and 
O3b state that such a confirmation would remove any concern that the 
Commission intends to require a separate compatibility showing for a 
given frequency band to be eligible for blanket licensing. To the 
extent such a confirmation is necessary, we so confirm here.
---------------------------------------------------------------------------

Implementing Rule Revisions

    In the paragraphs below, we address other changes to our rules, in 
addition to those discussed above in connection with the frequency 
bands being proposed for NGSO FSS ESIM operation. The Commission sought 
comment on these changes, and on any other revisions necessary to 
implement the ESIM NGSO FSS operations described here.\143\
---------------------------------------------------------------------------

    \143\ ESIMs NGSO FSS NPRM, 33 FCC Rcd at 11422, paras. 16-21. 
The Commission stated that there would not be significant cost 
associated with the rule changes for NGSO ESIMs but invited comment 
to help with the costs and benefits analysis. See ESIMs NGSO FSS 
NPRM, 33 FCC Rcd at 11422, para. 23. No comments were received.
---------------------------------------------------------------------------

    Section 25.202. The Commission sought comment on amending the list 
of frequencies available to ESIMs in Sec.  25.202(a)(8), (a)(10), and 
(a)(11) to reflect changes made in this Report and Order to frequency 
bands in which ESIMs can communicate with NGSO FSS satellites.\144\ 
Other than the objections to the 28.35-28.6 GHz band discussed above, 
there were no objections to this change, and we amend Sec.  25.202, 
with the exception of 28.35-28.4 GHz, also taking into account the 
additional frequencies made available for ESIM operation with GSO FSS 
satellites, as specified in section III.A of this Report and Order.
---------------------------------------------------------------------------

    \144\ The Commission released an Erratum on December 20, 2018 to 
correct the ESIMs NGSO NPRM which initially suggested revisions to, 
rather than removal of, Sec.  25.202(a)(11). See Erratum to the 
ESIMs NGSO FSS NPRM.
---------------------------------------------------------------------------

    Section 25.115. The Commission sought comment on changes to extend 
the rules adopted for GSO FSS ESIMs to NGSO FSS ESIMs, with the 
appropriate conforming technical changes. Specifically, comment was 
sought on excluding NGSO ESIMs from rules that pertain to ``two-degree 
spacing'' \145\ for GSO FSS space stations.\146\ Comment was also 
sought on adding a new paragraph (o) to Sec.  25.115 to codify these 
requirements for ESIMs that communicate with NGSO FSS space 
stations.\147\ The Commission also sought comment on changing the 
cross-references contained in the information requirements for earth 
station applications set forth in Sec.  25.115 for earth stations 
communicating with GSO and NGSO FSS space stations. All commenters who 
addressed this issue support this approach and agree that the rules 
should exclude NGSO ESIMs from the application of off-axis Equivalent 
Isotropically Radiated Power (EIRP) density requirements for two-degree 
spaced GSO FSS earth stations.\148\ We adopt these conforming revisions 
with a small modification to take into account that Sec.  25.115(e)(2) 
is limited to GSO FSS earth stations.
---------------------------------------------------------------------------

    \145\ ``Two-degree spacing'' refers to angular separation in the 
GSO arc between adjacent co-frequency space stations. See 
Comprehensive Review of Licensing and Operating Rules for Satellite 
Services, Second Report and Order, 30 FCC Rcd 14713, 14747, para. 92 
(2015).
    \146\ Sections 25.115(l)-(n) contain requirements in paragraphs 
(1), (2), and (3)(i) that pertain to the two-degree spacing rules 
for ESIMs communicating with GSO FSS space stations, which are not 
applicable to NGSO systems. The requirements in paragraphs (3)(ii)-
(iv) of this section, however, are also appropriate for ESIMs 
operating in NGSO FSS systems.
    \147\ ESIMs NGSO NPRM, 33 FCC Rcd at 11421, para. 18.
    \148\ ESIM Coalition NPRM Comments at 5-6; Viasat NPRM Comments 
at 6.
---------------------------------------------------------------------------

    Finally, the Commission's Ka-band Plan has a secondary designation 
for NGSO FSS operations in the 29.5-30.0 GHz band, as described in the 
NGSO FSS Order.\149\ The licensing provisions in Sec.  25.115(f) 
adopted in the NGSO FSS Order, however, inadvertently omitted the 29.5-
30.0 GHz band.\150\ In the NGSO ESIMS NPRM, the Commission proposed to 
correct this omission and proposed to extend the provisions of Sec.  
25.115(f) to the 29.5-30.0 GHz band. Commenters did not address this 
specific point. We adopt the revision to correct the omission 
consistent with the Ka-band Plan as previously adopted by the 
Commission.
---------------------------------------------------------------------------

    \149\ NGSO FSS Report and Order, 32 FCC Rcd at 7813, para. 9.
    \150\ ESIMs NGSO NPRM, 33 FCC Rcd at 11421, para. 21.
---------------------------------------------------------------------------

    Section 25.228. Section 25.228 contains requirements in paragraphs 
(a), (b), and (c), that codify the two-degree spacing requirements for 
ESIMs communicating with GSO FSS satellite networks, but the paragraphs 
are not specifically worded to apply only to such ESIMs. The Commission 
sought comment on adopting revisions to clarify that these paragraphs 
apply only to ESIMs communicating with GSO FSS satellite networks.\151\
---------------------------------------------------------------------------

    \151\ Id. at para. 19.
---------------------------------------------------------------------------

    Intelsat notes that the proposed changes may have been interpreted 
differently by different commenters,\152\ and Kepler states that 
further clarification may be necessary because of the separate purposes 
these rules address.\153\ Despite this disagreement, commenters are 
uniformly concerned that the proposed revision eliminates the NGSO ESIM 
self-monitoring and network monitoring and control requirements,\154\ 
and many commenters argue against adding language specifying that Sec.  
25.228(a), (b), and (c) are GSO-specific. The ESIM Coalition, for 
example, believes ESIM terminal self-monitoring and network control and 
monitoring center requirements are essential to ensuring operations are 
conducted in accordance with applicable license provisions, consistent 
with the ESIM rules, and without causing interference to other 
satellite and earth station operations. They argue that there is no 
basis to treat GSO FSS and NGSO FSS ESIMs differently with respect to 
these important requirements.\155\ Eutelsat concurs, stating this 
revision appears to suggest elimination of self-monitoring and

[[Page 44782]]

network control and monitoring center requirements for NGSO FSS ESIMs.
---------------------------------------------------------------------------

    \152\ Intelsat NPRM Reply Comments at 3.
    \153\ Kepler NPRM Comments at 1-2, and n4.
    \154\ See ESIM Coalition at 5-6; Eutelsat at 2; SES at 9; 
Intelsat NPRM Reply Comments at 3.
    \155\ ESIM Coalition NPRM Comments at 5-6. See also Eutelsat 
NPRM Comments at 2.
---------------------------------------------------------------------------

    We agree with these concerns. Therefore, we adopt modified language 
to ensure that GSO and NGSO FSS ESIM operators comply with the same 
general monitoring and control requirements, and limit applicability to 
GSO ESIMs only for Sec.  25.228(a). Specifically, to confirm the 
applicability of Sec. Sec.  25.228(b) and 25.228(c) to both GSO and 
NGSO FSS ESIMs, we do not include the word ``GSO'' in the initial 
sentence, and include clauses specifically applicable to GSO and NGSO 
in the remaining text of the rule.\156\ We agree with commenters that 
there should be parity between the GSO and NGSO ESIM self-monitoring 
and network monitoring and control requirements.\157\ We also agree 
with commenters that self-monitoring and network monitoring and control 
requirements are necessary to ensure operations are in accordance with 
the Commission's rules and licensing conditions.\158\
---------------------------------------------------------------------------

    \156\ See Sec.  25.228(b) and (c) in Appendix B of the Report 
and Order.
    \157\ ESIM Coalition NPRM Comments at 5-6; Eutelsat NPRM 
Comments at 2; SES NPRM Reply Comments at 9; Intelsat NPRM Reply 
Comments at 3; WorldVu NPRM Reply Comments at 4.
    \158\ Intelsat NPRM Reply Comments at 3.
---------------------------------------------------------------------------

    Relatedly, we note that the adoption of the Sec.  25.228 rules in 
the GSO ESIMs Report & Order and FNPRM inadvertently created an 
inconsistency with regard to network control and monitoring centers for 
Earth Stations on Vessels.\159\ Specifically, in that decision, the 
Commission adopted Sec.  25.228(e)(1) which states, in part, that Earth 
Stations on Vessels operators must control Earth Stations on Vessels by 
a network control and monitoring center located in the United States, 
but it fails to include the option of using an equivalent facility, as 
Sec.  25.228's paragraph (c) does for ESIMs.\160\ Because Earth 
Stations on Vessels are a type of ESIM, and because Sec.  25.228(c) as 
adopted in the GSO ESIM R&O already provided that ``[e]ach ESIM must be 
monitored and controlled by a network control and monitoring center 
(NCMC) or equivalent facility,'' the addition of ``equivalent 
facility'' to the language in Sec.  25.228(e)(1) simply conforms the 
two provisions of the rules in accordance with the GSO ESIM Report & 
Order.\161\ Therefore, we fix that inconsistency here by adding the 
phrase ``or equivalent facility'' (which appears in Sec.  25.228(c)) to 
Sec.  25.228(e)(1), to state that Earth Stations on Vessels operators 
must control all Earth Stations on Vessels by a network control and 
monitoring center or equivalent facility located in the United 
States.\162\
---------------------------------------------------------------------------

    \159\ GSO ESIM Report & Order, 33 FCC Rcd at Appendix B.
    \160\ See 47 CFR 25.228(c) and (e).
    \161\ GSO ESIM Report & Order, 33 FCC Rcd 9327.
    \162\ See Appendix B (setting forth amendments adopted herein to 
47 CFR 25.228(e)) (emphasis added). Because this change is editorial 
and non-substantive, we find good cause to conclude that notice and 
comment are unnecessary for its adoption. See 5 U.S.C. 553(b)(B).
---------------------------------------------------------------------------

    Kepler argues that further clarification may be required on how 
various systems should operate their ESIMs, and in particular notes 
that a satellite network need not be controlled in ``real-time'' from a 
network control and monitoring center, but may instead rely either on 
Artificial Intelligence (``AI'') or predetermined rules in order to 
mitigate interference as it relates to aggregate EIRP.\163\ Kepler 
further asserts that while this does not preclude the requirement for a 
network control and monitoring center, it should be clarified that 
operations without bent-pipe architecture may implement alternate 
safety measures, and could use the satellite itself as an ``equivalent 
facility.'' \164\ Although we agree that technology may evolve to such 
a point in the future, we find that such a discussion is beyond the 
scope of this rulemaking.
---------------------------------------------------------------------------

    \163\ Kepler NPRM Comments at 2.
    \164\ See also Kepler NPRM Comments at 2.
---------------------------------------------------------------------------

    Paragraph (j) of Sec.  25.228 is explicitly limited to ESIMs 
transmitting to GSO FSS satellites, and the Commission sought comment 
on revising the language of the rule to apply to Ku-band ESIMs 
communicating with NGSO FSS space stations as well.\165\ Additionally, 
in the 14.0-14.2 GHz (Earth-to-space) band, there is a secondary 
allocation to the Space Research service. In order to ensure 
compatibility with Space Research operations, the Commission sought 
comment on modifying Sec.  25.228(j) to extend to NGSO FSS systems 
conditions that currently apply to ESIM operation with GSO FSS space 
stations.\166\ CORF asserts that since radio astronomy observatories 
are just as vulnerable to interference from NGSO uplinks as from GSO 
uplinks, the Commission should modify the text of Sec.  25.228(j) to 
apply the same coordination requirement to NGSO operators.\167\ Viasat 
agrees with the Commission and CORF that such a requirement would be 
reasonable.\168\ We adopt the revision.
---------------------------------------------------------------------------

    \165\ ESIMs NGSO NPRM, 33 FCC Rcd at 11421, para. 19.
    \166\ Id. at 11419, para. 9.
    \167\ CORF NPRM Comments at 11.
    \168\ Viasat NPRM Reply Comments at 7-8.
---------------------------------------------------------------------------

    Section 25.103. Consistent with these changes, the Commission 
proposed to amend the definitions of Earth Stations on Vessels, 
Vehicle-Mounted Earth Stations, and Earth Stations Aboard Aircraft in 
Sec.  25.103, which restrict communications to ``geostationary-orbit 
FSS space stations.'' \169\ Pursuant to what was described above, Earth 
Stations on Vessels, Vehicle-Mounted Earth Stations, and Earth Stations 
Aboard Aircraft would also be permitted to operate in NGSO FSS systems. 
Accordingly, the Commission sought comment on removing the word 
``geostationary-orbit'' from these definitions. No commenters objected 
to this change, and we adopt it herein.
---------------------------------------------------------------------------

    \169\ ESIMs NGSO NPRM, 33 FCC Rcd at 11421, para. 20; 47 CFR 
25.103.
---------------------------------------------------------------------------

    Additional conforming changes. Pursuant to changes to part 25 of 
the Commission's rules in another proceeding,\170\ we take this 
opportunity to eliminate cross-references to Sec.  25.223, which has 
been removed and reserved. Specifically, we delete the cross references 
in Sec. Sec.  25.103, Routine processing or licensing, 
25.115(g)(1)(vii), and 25.209(f).\171\ Further, we add text in Sec.  
25.218(a) and (j) to incorporate the 24.75-25.25 GHz band that had been 
included in the now reserved Sec.  25.138.\172\
---------------------------------------------------------------------------

    \170\ Spectrum Frontiers Third Report and Order, 33 FCC Rcd 5576 
(2018).
    \171\ Because these changes are editorial and non-substantive, 
we find good cause to conclude that notice and comment are 
unnecessary for their adoption. See 5 U.S.C. 553(b)(B).
    \172\ In the Spectrum Frontiers Third Report and Order, the 
Commission amended Sec.  25.138 of the Commission's rules to include 
the 24.75-25.25 GHz band vis-[agrave]-vis GSO FSS earth station 
licensing requirements. 33 FCC Rcd 5576. Based on the timing of 
rules becoming effective, that section was subsequently ``reserved'' 
in the Code of Federal Regulations. See GSO ESIM Report & Order, 33 
FCC Rcd 9327, 33 FCC Rcd at Appendix B. Therefore, bringing the 
adopted edits into the appropriate rule section is a simple 
ministerial update. As such, we find good cause to conclude that 
notice and comment are unnecessary for their inclusion. See 5 U.S.C. 
553(b)(B).
---------------------------------------------------------------------------

    Additionally, we take this opportunity to harmonize the language of 
the revisions to Sec.  25.115(l)(3)(i)-(n)(3)(i) adopted in the GSO 
ESIMs Report & Order and FNPRM with the text of that decision.\173\ 
Specifically, in the GSO ESIMs Report & Order and FNPRM, we stated that 
Sec.  25.115(l)(3)(i)-(n)(3)(i) would require all applicants to 
``provide a certification that the ESIM system is capable of detecting 
and automatically ceasing emissions when an individual ESIM transmitter 
exceeds the relevant off-axis EIRP spectral density limits specified in 
Sec.  25.218, or the limits provided to the target satellite operator 
for operation under Sec.  25.220.'' \174\ However, in the text of the 
rules, we

[[Page 44783]]

stated that an application would need to certify that ``an individual 
ESIM transmitter '' meets these requirements.\175\ The revisions here 
conform the text of the rule to the language of the Order regarding 
``systems,'' and therefore they are editorial and non-substantive 
changes.\176\
---------------------------------------------------------------------------

    \173\ GSO ESIMs Report & Order and FNPRM, 33 FCC Rcd at 9351, 
para. 75.
    \174\ Id. (emphasis added).
    \175\ See, e.g., 47 CFR 25.115(l)(3)(i).
    \176\ See Appendix B, Final Rules.
---------------------------------------------------------------------------

    Final Regulatory Flexibility Analysis. Pursuant to the Regulatory 
Flexibility Act of 1980, as amended, 5 U.S.C. 601 et seq. (RFA), the 
Commission's Final Regulatory Flexibility Analysis (FRFA) on the 
possible significant economic impact on small entities of the policies 
and rules was addressed in this Second Report and Order in IB Docket 
No. 17-95 and Report and Order in IB Docket No. 18-315,. The 
Commission's Consumer and Governmental Affairs Bureau, Reference 
Information Center, will send a copy of this Second Report and Order in 
IB Docket No. 17-95 and Report and Order in IB Docket 18-315, including 
the FRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA).
    Paperwork Reduction Act. This document does not contain new or 
modified information collection requirements subject to the Paperwork 
Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore, 
it does not contain any new or modified information collection burden 
for small business concerns with fewer than 25 employees, pursuant to 
the Small Business Paperwork Relief Act of 2002, Public Law 107-198, 
see 44 U.S.C. 3506(c)(4).
    Congressional Review Act. The Commission has determined, and the 
Administrator of the Office of Information and Regulatory Affairs, 
Office of Management and Budget, concurs that these rules are non-major 
under the Congressional Review Act, 5 U.S.C. 804(2). The Commission 
will send a copy of this Second Report and Order in IB Docket No. 17-95 
and Report and Order in IB Docket 18-315 and Further Notice of Proposed 
Rulemaking to Congress and the Government Accountability Office 
pursuant to 5 U.S.C. 801(a)(1)(A).

Ordering Clauses

    It Is Ordered, pursuant to sections 4(i), 7(a), 303, 308(b), and 
316 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
157(a), 303, 308(b), 316, that this Second Report and Order in IB 
Docket No. 17-95 and Report and Order in IB Docket No. 18-315 Is 
Adopted, the policies, rules, and requirements discussed herein Are 
Adopted, and parts 2 and 25 of the Commission's rules Are Amended as 
set forth in Appendix B.
    It Is Further Ordered that the rules and requirements adopted in 
the Second Report and Order in IB Docket No. 17-95 and Report and Order 
in IB Docket No. 18-315 Will Become Effective 30 days from the date of 
publication in the Federal Register.
    It Is Further Ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, Shall Send a 
copy of this Second Report and Order in IB Docket No. 17-95 and Report 
and Order in IB Docket No. 18-315 and Further Notice of Proposed 
Rulemaking, including the Final and Initial Regulatory Flexibility 
Analyses, to the Chief Counsel for Advocacy of the Small Business 
Administration.
    It Is Further Ordered that the Commission, Shall Send a copy of 
this Second Report and Order in IB Docket No. 17-95 and Report and 
Order in IB Docket No. 18-315 to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).

List of Subjects

47 CFR Part 2

    Radio, Table of frequency allocations.

47 CFR Part 25

    Administrative practice and procedure, Earth stations, Satellites.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 2 and 25 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 52 and 53 are revised.
0
b. In the list of Non-Federal Government (NG) footnotes, footnote 
NG527A is revised.
    The revisions and additions read as follows:


Sec.  2.106   Table of Frequency Allocations.

* * * * *
BILLING CODE 6712-01-P

[[Page 44784]]

[GRAPHIC] [TIFF OMITTED] TR24JY20.000


[[Page 44785]]


[GRAPHIC] [TIFF OMITTED] TR24JY20.001

BILLING CODE 6712-01-C

[[Page 44786]]

* * * * *

Non-Federal Government (NG) Footnotes

* * * * *
    NG527A Earth Stations in Motion (ESIMs), as regulated under 47 
CFR part 25, are an application of the fixed-satellite service (FSS) 
and the following provisions shall apply:
    (a) In the bands 10.7-11.7 GHz, 19.3-19.4 GHz, and 19.6-19.7 GHz 
(space-to-Earth), ESIMs may be authorized for the reception of FSS 
emissions from geostationary and non-geostationary satellites, 
subject to the conditions that these earth stations may not claim 
protection from transmissions of non-Federal stations in the fixed 
service and that non-geostationary-satellite systems not cause 
unacceptable interference to, or claim protection from, 
geostationary-satellite networks.
    (b) In the bands 11.7-12.2 GHz (space-to-Earth), 14.0-14.5 GHz 
(Earth-to-space), 18.3-18.8 GHz (space-to-Earth), 19.7-20.2 GHz 
(space-to-Earth), 28.35-28.6 GHz (Earth-to-space), and 29.25-30.0 
GHz (Earth-to-space), ESIMs may be authorized to communicate with 
geostationary satellites on a primary basis.
    (c) In the bands 11.7-12.2 GHz (space-to-Earth), 14.0-14.5 GHz 
(Earth-to-space), 18.3-18.6 GHz (space-to-Earth), 19.7-20.2 GHz 
(space-to-Earth), 28.4-28.6 GHz (Earth-to-space), and 29.5-30.0 GHz 
(Earth-to-space), ESIMs may be authorized to communicate with non-
geostationary satellites, subject to the condition that non-
geostationary-satellite systems may not cause unacceptable 
interference to, or claim protection from, geostationary-satellite 
networks.
    (d) In the band 17.8-18.3 GHz (space-to-Earth), ESIMs may be 
authorized for the reception of FSS emissions from geostationary and 
non-geostationary satellites on a secondary basis, subject to the 
condition that non-geostationary-satellite systems not cause 
unacceptable interference to, or claim protection from, 
geostationary-satellite networks.
    (e) In the bands 18.8-19.3 GHz and 28.6-29.1 GHz, ESIMs may be 
authorized to communicate with geostationary and non-geostationary 
satellites, subject to the condition that geostationary-satellite 
networks may not cause unacceptable interference to, or claim 
protection from, non-geostationary satellite systems in the fixed-
satellite service.

PART 25--SATELLITE COMMUNICATIONS

0
3. The authority citation for part 25 continues to read as follows:

    Authority:  47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319, 
332, 605, and 721, unless otherwise noted.


0
4. Amend Sec.  25.103 by revising the definitions of ``Earth Station on 
Vessel,'' ``Earth Stations Aboard Aircraft,'' ``Routine processing or 
licensing,'' and ``Vehicle-Mounted Earth Station'' to read as follows:


Sec.  25.103   Definitions.

* * * * *
    Earth Station Aboard Aircraft (ESAA). An earth station operating 
aboard an aircraft that receives from and transmits to Fixed-Satellite 
Service space stations.
* * * * *
    Earth Station on Vessel (ESV). An earth station onboard a craft 
designed for traveling on water, receiving from and transmitting to 
Fixed-Satellite Service space stations.
* * * * *
    Routine processing or licensing. Expedited processing of unopposed 
applications for earth stations in the FSS communicating with GSO space 
stations that satisfy the criteria in Sec.  25.211(d), Sec.  25.212(c) 
through (f), or Sec.  25.218, include all required information, are 
consistent with all Commission rules, and do not raise any policy 
issues. Some, but not all, routine earth station applications are 
eligible for an autogrant procedure under Sec.  25.115(a)(3).
* * * * *
    Vehicle-Mounted Earth Station (VMES). An earth station, operating 
from a motorized vehicle that travels primarily on land, that receives 
from and transmits to Fixed-Satellite Service space stations and 
operates within the United States.

0
4. Amend Sec.  25.115 by revising paragraphs (f), (g)(1)(vii), 
(l)(3)(i), (m)(3)(i), and (n)(3)(i), and adding paragraph (o) to read 
as follows:


Sec.  25.115   Applications for earth station authorizations.

* * * * *
    (f) NGSO FSS earth stations in 10.7-30.0 GHz. (1) An application 
for an NGSO FSS earth station license in the 10.7-30.0 GHz band must 
include the certification described in Sec.  25.146(a)(2).
    (2) Individual or blanket license applications may be filed for 
operation in the 10.7-12.7 GHz, 14-14.5 GHz, 17.8-18.6 GHz, 18.8-19.4 
GHz, 19.6-20.2 GHz, 28.35-29.1 GHz, or 29.5-30.0 GHz bands; however, 
ESIMs cannot operate in the 28.35-28.4 GHz band and blanket licensing 
in the 10.7-11.7 GHz, 17.8-18.3 GHz, 19.3-19.4 GHz, and 19.6-19.7 GHz 
bands is on an unprotected basis with respect to current and future 
systems operating in the fixed service.
    (3) Individual license applications only may be filed for operation 
in the 12.75-13.15 GHz, 13.2125-13.25 GHz, 13.75-14 GHz, or 27.5-28.35 
GHz bands.
    (g) * * *
    (1) * * *
    (vii) The relevant off-axis EIRP density envelopes in Sec.  25.218 
must be superimposed on plots submitted pursuant to paragraphs 
(g)(1)(i) through (vi) of this section.
* * * * *
    (l) * * *
    (3) * * *
    (i) ESIM applicants that meet the relevant off-axis EIRP density 
mask must certify that an ESIM system is self-monitoring and capable of 
automatically ceasing or reducing emissions within 100 milliseconds if 
the ESIM transmitter exceeds the relevant off-axis EIRP density limits. 
ESIM applicants that do not meet the relevant off-axis EIRP density 
mask must provide a detailed showing that an ESIM system is self-
monitoring and capable of automatically ceasing or reducing emissions 
within 100 milliseconds if the ESIM transmitter exceeds the relevant 
off-axis EIRP density limits. Variable-power ESIM applicants must 
certify that one or more transmitters are capable of automatically 
ceasing or reducing emissions within 100 milliseconds of receiving a 
command to do so from the system's network control and monitoring 
center, if the aggregate off axis EIRP densities of the transmitter or 
transmitters exceed the relevant off-axis EIRP density limits.
* * * * *
    (m) * * *
    (3) * * *
    (i) ESIM applicants that meet the relevant off-axis EIRP density 
mask must certify that an ESIM system is self-monitoring and capable of 
automatically ceasing or reducing emissions within 100 milliseconds if 
the ESIM transmitter exceeds the relevant off-axis EIRP density limits. 
ESIM applicants that do not meet the relevant off-axis EIRP density 
mask must provide a detailed showing that an ESIM system is self-
monitoring and capable of automatically ceasing or reducing emissions 
within 100 milliseconds if the ESIM transmitter exceeds the relevant 
off-axis EIRP density limits. Variable-power ESIM applicants must 
certify that one or more transmitters are capable of automatically 
ceasing or reducing emissions within 100 milliseconds of receiving a 
command to do so from the system's network control and monitoring 
center, if the aggregate off axis EIRP densities of the transmitter or 
transmitters exceed the relevant off-axis EIRP density limits.
* * * * *
    (n) * * *
    (3) * * *
    (i) ESIM applicants that meet the relevant off-axis EIRP density 
mask must certify that an ESIM system is self-monitoring and capable of 
automatically ceasing or reducing emissions within 100 milliseconds if 
the ESIM transmitter exceeds the relevant off-axis EIRP

[[Page 44787]]

density limits. ESIM applicants that do not meet the relevant off-axis 
EIRP density mask must provide a detailed showing that an ESIM system 
is self-monitoring and capable of automatically ceasing or reducing 
emissions within 100 milliseconds if the ESIM transmitter exceeds the 
relevant off-axis EIRP density limits. Variable-power ESIM applicants 
must certify that one or more transmitters are capable of automatically 
ceasing or reducing emissions within 100 milliseconds of receiving a 
command to do so from the system's network control and monitoring 
center, if the aggregate off axis EIRP densities of the transmitter or 
transmitters exceed the relevant off-axis EIRP density limits.
* * * * *
    (o) The requirements in this paragraph apply to applications for 
ESIMs operation with NGSO satellites in the Fixed-Satellite Service, in 
addition to the requirements in paragraphs (a)(1), (a)(5), and (i) of 
this section:
    (1) An exhibit describing the geographic area(s) in which the ESIMs 
will operate and the location of hub and/or gateway stations.
    (2) The point of contact information referred to in Sec.  
25.228(e)(2), (f), or (g)(1) as appropriate.
    (3) Applicants for ESIMs that will exceed the guidelines in Sec.  
1.1310 of this chapter for radio frequency radiation exposure must 
provide, with their environmental assessment, a plan for mitigation of 
radiation exposure to the extent required to meet those guidelines.
* * * * *

0
5. Amend Sec.  25.202 by revising paragraph (a)(8), adding paragraphs 
(a)(10)(i) and (ii) and by removing and reserving paragraph (a)(11) as 
follows:


Sec.  25.202   Frequencies, frequency tolerance, and emission limits.

    (a) * * *
    (8) The following frequencies are available for use by Earth 
Stations on Vessels (ESVs) communicating with GSO FSS space stations, 
subject to the provisions in Sec.  2.106 of this chapter:

3700-4200 MHz (space-to-Earth)
5925-6425 MHz (Earth-to-space)
* * * * *
    (10) * * *
    (i) The following frequencies are available for use by Earth 
Stations in Motion (ESIMs) communicating with GSO FSS space stations, 
subject to the provisions in Sec.  2.106 of this chapter:

10.7-11.7 GHz (space-to-Earth)
11.7-12.2 GHz (space-to-Earth)
14.0-14.5 GHz (Earth-to-space)
17.8-18.3 GHz (space-to-Earth)
18.3-18.8 GHz (space-to-Earth)
18.8-19.3 GHz (space-to-Earth)
19.3-19.4 GHz (space-to-Earth)
19.6-19.7 GHz (space-to-Earth)
19.7-20.2 GHz (space-to-Earth)
28.35-28.6 GHz (Earth-to-space)
28.6-29.1 GHz (Earth-to-space)
29.25-30.0 GHz (Earth-to-space)

    (ii) The following frequencies are available for use by Earth 
Stations in Motion (ESIMs) communicating with NGSO FSS space stations, 
subject to the provisions in Sec.  2.106 of this chapter:

10.7-11.7 GHz (space-to-Earth)
11.7-12.2 GHz (space-to-Earth)
14.0-14.5 GHz (Earth-to-space)
17.8-18.3 GHz (space-to-Earth)
18.3-18.6 GHz (space-to-Earth)
18.8-19.3 GHz (space-to-Earth)
19.3-19.4 GHz (space-to-Earth)
19.6-19.7 GHz (space-to-Earth)
19.7-20.2 GHz (space-to-Earth)
28.4-28.6 GHz (Earth-to-space)
28.6-29.1 GHz (Earth-to-space)
29.5-30.0 GHz (Earth-to-space)
* * * * *

0
6. Amend Sec.  25.209 by revising paragraph (f) to read as follows:


Sec.  25.209   Earth station antenna performance standards.

* * * * *
    (f) A GSO FSS earth station with an antenna that does not conform 
to the applicable standards in paragraphs (a) and (b) of this section 
will be authorized only if the applicant demonstrates that the antenna 
will not cause unacceptable interference. This demonstration must show 
that the transmissions of the earth station comport with the 
requirements in Sec.  25.218 or the applicant must demonstrate that the 
operations of the earth station have been coordinated under Sec.  
25.220.
* * * * *

0
7. Amend Sec.  25.218 by revising paragraphs (a) and (j) to read as 
follows:


Sec.  25.218   Off-axis EIRP density envelopes for FSS earth stations 
transmitting in certain frequency bands.

    (a) This section applies to applications for fixed and temporary-
fixed FSS earth stations transmitting to geostationary space stations 
in the conventional C-band, extended C-band, conventional Ku-band, 
extended Ku-band, conventional Ka-band, or 24.75-25.25 GHz and 
applications for ESIMs transmitting in the conventional C-band, 
conventional Ku-band, or conventional Ka-band, except for applications 
proposing transmission of analog command signals at a band edge with 
bandwidths greater than 1 MHz or transmission of any other type of 
analog signal with bandwidths greater than 200 kHz.
* * * * *
    (j) Applications for authority for fixed earth station operation in 
the conventional C-band, extended C-band, conventional Ku-band, 
extended Ku-band, conventional Ka-band, or 24.75-25.25 GHz that do not 
qualify for routine processing under relevant criteria in this section, 
Sec.  25.211, or Sec.  25.212 are subject to the requirements in Sec.  
25.220.

0
8. Amend Sec.  25.228 by revising paragraphs (a), (b), (c), (e)(1), and 
paragraph (j) introductory text to read as follows:


Sec.  25.228   Operating and coordination requirements for earth 
stations in motion (ESIMs).

    (a) GSO FSS ESIM transmissions must comport with the applicable 
EIRP density limits in Sec.  25.218, unless coordinated pursuant to the 
requirements in Sec.  25.220.
    (b) Each FSS ESIM must be self-monitoring and, should a condition 
occur that would cause the ESIMs to exceed its authorized off-axis EIRP 
density limits in the case of GSO FSS ESIMs or any emission limits 
included in the licensing conditions in the case of NGSO FSS ESIMs, the 
ESIM must automatically cease transmissions within 100 milliseconds, 
and not resume transmissions until the condition that caused the ESIM 
to exceed those limits is corrected.
    (c) Each FSS ESIM must be monitored and controlled by a network 
control and monitoring center (NCMC) or equivalent facility. Each ESIM 
must comply with a ``disable transmission'' command from the NCMC 
within 100 milliseconds of receiving the command. In addition, the NCMC 
must monitor the operation of each ESIM in its network, and transmit a 
``disable transmission'' command to any ESIM that operates in such a 
way as to exceed the authorized off-axis EIRP density limit for GSO FSS 
ESIMs or any emission limits included in the licensing conditions in 
the case of NGSO FSS ESIMs. The NCMC must not allow the ESIM(s) under 
its control to resume transmissions until the condition that caused the 
ESIM(s) to exceed the authorized EIRP density limits is corrected.
* * * * *
    (e) * * *
    (1) ESV operators must control all ESVs by a NCMC or equivalent 
facility located in the United States, except that an ESV on U.S.-
registered vessels may operate under control of a NCMC location outside 
the United States

[[Page 44788]]

provided the ESV operator maintains a point of contact within the 
United States that will have the capability and authority to cause an 
ESV on a U.S.-registered vessel to cease transmitting if necessary.
* * * * *
    (j) The following requirements govern all ESIMs transmitting to GSO 
or NGSO satellites in the Fixed-Satellite Service in the 14.0-14.5 GHz 
band.
* * * * *
[FR Doc. 2020-13783 Filed 7-23-20; 8:45 am]
BILLING CODE 6712-01-P

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