Commission Rules To Enable GSO Fixed-Satellite Service (Space-to-Earth) Operations in the 17.3-17.8 GHz Band, To Modernize Certain Rules Applicable to 17/24 GHz BSS Space Stations, and To Establish Off-Axis Uplink Power Limits for Extended Ka-Band FSS Operations, 7660-7681 [2021-00047]
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Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules
OCPI Program Country-Product Service
Enhancements
The Postal Service will be identifying
opportunities and selecting designated
country destinations and products for
the OCPI program. Destination product
and country pairings for OCPI will be
the exclusive delivery options, however
existing service will continue for
destinations for which OCPI solutions
are not offered. The products offered
through the OCPI program will be
international shipping services, limited
to Priority Mail Express International®
(PMEI®), Priority Mail International
(PMI), and First-Class Package
International Service® (FCPIS®). This
allows for a more seamless transition for
existing customers and mailers and
avoids the confusion and capital that
would be required to create and launch
new dedicated OCPI product offerings.
Products such as FCMI letters and Flats,
Military Mail, IPA, and ISAL are not
within the scope of the OCPI program.
After publishing this document, the
Postal Service will provide a more
detailed description of the applicable
OCPI changes to the existing products
and procedures for USPS customers.
The country-product designated for the
OCPI program may change depending
on future opportunities identified and
potential foreign postal operator-related
service disruptions.
Mail Preparation
For customers that tender shipments
to the Postal Service in bulk and or
consolidations, all shipments sent to
OCPI destinations must be presented
separately and in individually prepared
receptacles by product class and
destination country. Specific products
that are destined for OCPI destination
countries may not be tendered in any
mixed country receptacles.
OCPI Commercial Invoices
The OCPI program will require
mailers to produce commercial invoices
and customs forms to comply with
commercial customs clearance
requirements and differentiate OCPI
documentation from existing postal
forms. The OCPI program will also
require additional recipient information
to be provided by the sender (including
recipient’s phone number and email
address) to comply with commercial
clearance processes. The OCPI forms
will be made available to mailers via
online applications and electronically at
USPS retail service counters.
OCPI Receptacle Tags and Customs
Forms
The OCPI program has developed
specific receptacle tags and customs
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forms which will allow operations
personnel to identify and segregate
OCPI products throughout the entire
supply chain. In addition to
International Mail Manual (IMM)
updates, the Postal Service will provide
industry notifications to inform all
parties of OCPI program changes and
provide examples of the new OCPI
receptacle tags and customs forms to
help integrate changes into the existing
operational processes.
OCPI Program Features and Service
Notifications
The Postal Service will provide a
minimum of advanced 30-day
notification regarding upcoming OCPI
services or feature changes via Postal
Bulletins articles and PostalPro.
Additionally, the Postal Service will
provide updated mailer requirements to
assist business mailers and provide
support throughout the transition
process to ensure a smooth transition.
Joshua J. Hofer,
Attorney, Federal Compliance.
[FR Doc. 2020–28968 Filed 1–29–21; 8:45 am]
BILLING CODE P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 2 and 25
[IB Docket No. 20–330; FCC 20–158; FR ID
17347]
Commission Rules To Enable GSO
Fixed-Satellite Service (Space-to-Earth)
Operations in the 17.3–17.8 GHz Band,
To Modernize Certain Rules Applicable
to 17/24 GHz BSS Space Stations, and
To Establish Off-Axis Uplink Power
Limits for Extended Ka-Band FSS
Operations
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the Federal
Communications Commission (FCC)
proposes to permit geostationary
satellite orbit (GSO) space station in the
fixed-satellite service (FSS) to operate
downlinks (space-to-Earth) in the 17.3–
17.8 GHz frequency band, subject to
certain limitations, and also proposes
related technical updates to its rules
governing the FSS and the BroadcastingSatellite Service to prevent harmful
interference.
SUMMARY:
Comments are due March 3,
2021. Reply comments are due March
18, 2021.
DATES:
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You may submit comments,
identified by IB Docket No. 20–330, by
any of the following methods:
D Federal Communications
Commission’s Website: https://
apps.fcc.gov/ecfs/. Follow the
instructions for submitting comments.
D People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by email: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document. 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).
FOR FURTHER INFORMATION CONTACT:
Sean O’More, International Bureau,
Satellite Division, 202–418–2453,
sean.omore@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Notice of
Proposed Rulemaking, FCC 20–158,
adopted November 18, 2020, and
released November 19, 2020. The full
text of the Notice of Proposed
Rulemaking is available at https://
www.fcc.gov/edocs/search-results?t=
quick&fccdaNo=20-158.
ADDRESSES:
Comment Filing Requirements
Interested parties may file comments
and reply comments on or before the
dates indicated in the DATES section
above. Comments may be filed using the
Commission’s Electronic Comment
Filing System (ECFS).
• Electronic Filers. Comments may be
filed electronically using the internet by
accessing the ECFS, https://apps.fcc.gov/
ecfs.
• Paper Filers. Parties who choose to
file by paper must file an original and
one copy of each filing.
Filings can be sent by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701. U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 45 L Street NE,
Washington, DC 20554.
• Effective March 19, 2020, and until
further notice, the Commission no
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Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules
longer accepts any hand or messenger
delivered filings. This is a temporary
measure taken to help protect the health
and safety of individuals, and to
mitigate the transmission of COVID–19.
See FCC Announces Closure of FCC
Headquarters Open Window and
Change in Hand-Delivery Policy, Public
Notice, DA 20–304 (March 19, 2020).
https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy.
• Persons with Disabilities. To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice) or 202–
418–0432 (TTY).
Ex Parte Presentations
The Commission will treat this
proceeding as a ‘‘permit-but-disclose’’
proceeding in accordance with the
Commission’s ex parte rules. Persons
making ex parte presentations must file
a copy of any written presentation or a
memorandum summarizing any oral
presentation within two business days
after the presentation (unless a different
deadline applicable to the Sunshine
period applies). Persons making oral ex
parte presentations are reminded that
memoranda summarizing the
presentation must (1) list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made, and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenter’s
written comments, memoranda or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with rule
1.1206(b). In proceedings governed by
rule 1.49(f) or for which the
Commission has made available a
method of electronic filing, written ex
parte presentations and memoranda
summarizing oral ex parte
presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
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.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
themselves with the Commission’s ex
parte rules.
Paperwork Reduction Act
This document contains proposed
new and modified information
collection requirements. The
Commission, as part of its continuing
effort to reduce paperwork burdens,
invites the general public and the Office
of Management and Budget to comment
on the information collection
requirements contained in this
document, as required by the Paperwork
Reduction Act of 1995. In addition,
pursuant to the Small Business
Paperwork Relief Act of 2002, we
specifically seek comment on how we
might further reduce the information
collection burden for small business
concerns with fewer than 25 employees.
Initial Regulatory Flexibility Analysis.
As required by the Regulatory
Flexibility Act of 1980 (RFA) 1 the
Commission has prepared an Initial
Regulatory Flexibility Analysis (IRFA)
relating to this Notice of Proposed
Rulemaking.
Synopsis
In this Notice of Proposed
Rulemaking, the Commission considers
permitting use of the 17.3–17.7 GHz
band by GSO space stations operating in
the FSS, which would increase
intensive and efficient use of the band
and provide additional downlink
capacity for high-throughput satellite
communications.
Notice of Proposed Rulemaking
In this Notice of Proposed
Rulemaking (Notice), we propose to
permit use of the 17.3–17.7 GHz band
by geostationary satellite orbit (GSO)
space stations in the fixed-satellite
service (FSS) in the space-to-Earth
direction on a co-primary basis with
incumbent services. We also propose to
permit limited GSO FSS (space-to-Earth)
use of the 17.7–17.8 GHz band on a nonprotected basis with respect to fixed
service operations. Permitting use of the
17.3–17.8 GHz band to include FSS
downlinks would increase intensive and
efficient use of the band and provide
additional downlink capacity for highthroughput satellite communications.
With appropriate technical safeguards
proposed herein, permitting the use of
1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601–
612, has been amended by the Small Business
Regulatory Enforcement Fairness Act of 1996
(SBREFA), Public Law 104–121, Title II, 110 Stat.
847 (1996). The SBREFA was enacted as Title II of
the Contract with America Advancement Act of
1996 (CWAAA).
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this band for GSO FSS downlink
services would facilitate deployment of
advanced satellite systems for the
benefit of American consumers.
We propose to define an extended Kaband in our rules, i.e., the 17.3–18.3
GHz (space-to-Earth), 18.8–19.4 GHz
(space-to-Earth), 19.6–19.7 GHz (spaceto-Earth), 27.5–28.35 GHz (Earth-tospace) and 28.6–29.1 GHz (Earth-tospace) bands. We further propose to
apply certain uplink power limits
currently applicable to GSO FSS
transmissions in the conventional Kaband to GSO FSS uplink transmissions
in the extended Ka-band. If adopted,
these power limits will allow us to
streamline licensing of FSS earth
stations and will result in a closely
harmonized regulatory framework for all
similar FSS uplink transmissions in the
conventional and extended Ka-bands.2
The proposals herein, if adopted with
appropriate safeguards, would result in
efficient and effective use of the
spectrum, alleviate the growing need for
additional Ka-band GSO FSS downlink
spectrum to support communications to
gateway earth stations, and further
streamline the licensing process of
certain satellite systems.3
Current Allocations and Use of the
17.3–17.8 GHz Band
The Table of Frequency Allocations is
comprised of the International Table
and the United States Table of
Frequency Allocations (U.S. Table). In
the International Table, the 17.3–17.7
GHz band is allocated, in the
International Telecommunication Union
(ITU) Region 2, to the FSS (Earth-tospace) and to the broadcasting-satellite
service (BSS) on a co-primary basis, as
well as to the radiolocation service on
a secondary basis.4 In the U.S. Table,
2 The term ‘‘Ka-band’’ generally refers to the
space-to-Earth (downlink) frequencies at 17.70–
20.20 GHz and the corresponding Earth-to-space
(uplink) frequencies at 27.50–30.00 GHz. See
Establishment of Policies and Service rules for the
Non-Geostationary Satellite Orbit, Fixed Satellite
Service in the Ka-Band, IB Docket No. 02–19, Notice
of Proposed Rulemaking, 17 FCC Rcd 2807, n.1
(2002). See also IEEE Standard 521–2019 https://
www.microwaves101.com/encyclopedias/
frequency-letter-bands.
3 By initiating this rulemaking proceeding, we
also grant, to the extent discussed herein, the
petition for rulemaking filed by SES Americom, Inc.
(SES) requesting that the Commission initiates a
proceeding to authorize GSO FSS operations in the
space-to-Earth direction using the 17.3–17.7 GHz
frequencies. See Petition for Rulemaking of SES
Americom, Inc., RM–11839, at 1 (filed Mar. 5,
2019), https://ecfsapi.fcc.gov/file/
103051358025155/Petition%20for%20
Rulemaking%20for%2017%20GHz%20
FSS%20(Mar%205%202019).pdf (SES Petition).
4 Footnote 5.516 further limits use of the band by
the FSS to feeder links for the BSS and in ITU
Region 2 to geostationary satellite orbit (GSO)
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Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules
the 17.3–17.7 GHz band is allocated to
the FSS (Earth-to-space) and to the BSS
on a co-primary basis 5 and to the
radiolocation services on a secondary
basis. The adjacent 17.7–17.8 GHz band
is allocated internationally in ITU
Region 2 to the fixed service, the BSS,
the FSS (in both the space-to-Earth and
Earth-to-space directions) on a primary
basis and to the mobile service on a
secondary basis.6 The 17.7–17.8 GHz
band is allocated to the FSS (Earth-tospace) and to the fixed service on a coprimary basis in the U.S. Table.7
Historically, in the United States, the
17.3–17.8 GHz band has been used for
FSS feeder 8 uplinks that transmit
programming to Direct Broadcast
Satellite (DBS) service 9 GSO space
stations. DBS feeder link operations
typically involve the use of large, highgain antennas at a limited number of
individually licensed earth station
locations. The DBS service satellites
then downlink that video programming
directly to consumers in the 12.2–12.7
GHz band. DBS is the principal means
of delivering satellite television in the
United States. U.S.-licensed DBS
providers include DIRECTV and DISH
Network.
In May 2007, the Commission
adopted rules for a new service that
satellite networks. Footnote 5.515 specifies that
sharing between the FSS and BSS is governed by
Appendix 30A, Annex 4, paragraph 1 of the Radio
Regulations. 47 CFR 2.106. We note that the ITU
Region 2 area includes the United States. See 47
CFR 2.104(b) and 2.105(a).
5 Provision of FSS in the band, however, is
limited by footnote US271 to the U.S. Table to
feeder links for BSS, and footnote NG163 limits BSS
use of the band to geostationary satellite systems.
47 CFR 2.106, nn. US271 and NG163.
6 Footnote 5.516 further limits Earth-to-space use
of the band by the FSS to feeder links for the BSS
and in Region 2 to GSO satellite networks. Footnote
5.517 precludes FSS networks operating in the
space-to-Earth direction from claiming protection
from or causing harmful interference to BSS
assignments operating in conformance with the
Radio Regulations. Footnote 5.515 specifies that
sharing between the FSS and BSS is governed by
Appendix 30A, Annex 4, paragraph 1 of the Radio
Regulations. 47 CFR 2.106, nn. 5.515 and 5.516.
7 Footnote US271 further limits FSS use of the
band (Earth-to-space) to feeder links for the BSS.
Footnote US334 permits operation of Federal FSS
space stations in the band subject to certain
restrictions. 47 CFR 2.106, nn. US271 and US334.
8 A feeder link is defined as a ‘‘radio link from
a fixed earth station at a given location to a space
station, or vice versa, conveying information for a
space radiocommunication service other than the
Fixed-Satellite Service. The given location may be
at a specified fixed point or at any fixed point
within specified areas.’’ 47 CFR 25.103.
9 DBS is defined as ‘‘a radiocommunication
service in which signals transmitted or
retransmitted by Broadcasting-Satellite Service
space stations in the 12.2–12.7 GHz band are
intended for direct reception by subscribers or the
general public.’’ 47 CFR 25.103. DBS operations are
subject to the International Radio Regulation BSS
and Feeder-link Plans contained in Appendices 30
and 30A.
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would use the 17.3–17.8 GHz band in
the space-to-Earth direction to provide
BSS. This service, known as the ‘‘17/24
GHz BSS,’’ 10 provides service
downlinks to customers in the same
17.3–17.8 GHz band that is used for
feeder uplinks to DBS space stations,
i.e., reverse band operation. Although
the 17/24 GHz BSS may use the entire
17.3–17.8 GHz band internationally, it
may only provide service in the United
States in the 17.3–17.7 GHz band. DBS
feeder link uplinks by contrast, operate
in the entire 17.3–17.8 GHz band in the
United States. At the same time that the
Commission adopted rules for the 17/24
GHz BSS, it also sought comment on
rules to avoid interference between DBS
and 17/24 GHz BSS operations, both inorbit (‘‘space path’’ interference) and on
the ground (‘‘ground path’’
interference). The Commission adopted
technical rules to address space path
interference in 2011 that included a
requirement that 17/24 GHz BSS space
stations locate at least 0.2 degrees from
a DBS space station. In 2017, the
Commission adopted rules to address
ground path interference. Since rules
were adopted for the 17/24 GHz BSS, a
number of licenses or grants of U.S.
market access have been issued, but
only a few of these licenses or grants
remain in effect.
SES Americom Petition for Rulemaking
On March 5, 2019, SES 11 petitioned
the Commission to initiate a rulemaking
proceeding to amend Parts 2 and 25 of
the Commission’s rules to authorize
GSO FSS operations in the space-toEarth direction within the United States
using the 17.3–17.7 GHz frequencies on
a protected basis. On May 31, 2019,
AT&T Services, Inc, (AT&T) and Telesat
Canada (Telesat) filed comments in
response to the SES Petition, and on
June 17, 2019, SES filed reply
comments.
10 17/24 GHz BSS is defined as a
‘‘radiocommunication service involving
transmission from one or more feeder-link earth
stations to other earth stations via geostationary
satellites, in the 17.3–17.7 GHz (space-to-Earth)
(domestic allocation), 17.3–17.8 GHz (space-toEarth) (international allocation) and 24.75–25.25
GHz (Earth-to-space) bands.’’ 47 CFR 25.103.
11 SES is a satellite company that, together with
its affiliates, provides FSS to the United States with
both GSO and non-geostationary orbit (NGSO)
satellites and associated earth stations. SES affiliate,
SES–17 S.a`.r.l. was recently granted U.S. market
access for its SES–17 satellite that will use the 17.3–
17.7 GHz band for downlink communications to
gateway earth stations in the United States.
Operation of these FSS downlinks in the 17.3–17.7
GHz band (space-to-Earth) was granted through a
waiver of the U.S. Table of Frequency Allocations
and are on an unprotected, non-interference basis.
See, IBFS File No. SAT–PDR–20190305–00014
(grant stamp dated May 8, 2020).
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SES proposes we modify the U.S.
Table to permit FSS downlinks on a coprimary basis in the 17.3–17.7 GHz
band under its proposed technical rules.
SES contends that such an allocation
would comport with Commission
policies supporting flexible spectrum
use.12 SES also notes that the
international allocation to the BSS in
the 12.2–12.7 GHz band is accompanied
by a footnote to the allocation that
permits assignment of this spectrum to
FSS downlinks, ‘‘provided that such
transmissions do not cause more
interference, or require more protection
from interference, than the
broadcasting-satellite service
transmissions operating in conformance
with the Plan or the List, as
appropriate.’’ Finally, SES notes that the
Commission recently adopted rule
changes permitting more diverse use of
FSS in the feeder link frequencies
associated with the 17/24 GHz BSS
service.13 SES argues that modifying
Commission rules to permit protected
FSS downlinks in the 17 GHz band will
achieve the same objectives, promoting
more robust use of spectrum and
providing flexibility for satellite
networks to respond to customer
demand without impairing existing
authorized use of the spectrum.
Telesat agrees with SES that FSS
licensees will be able to use the band
following the same framework for
location and operation of gateway earth
stations that currently regulate BSS
feeder link operations in the band.
Telesat also states that Innovation,
Science, and Economic Development
Canada is currently considering similar
changes to the Canadian Table of
12 In support of its position, SES cites the
example of the Commission’s decision in 2002 to
allow non-conforming satellite use of DBS
spectrum, which concluded that relaxation of use
restrictions would encourage the development of
new telecommunications products and services.
SES Petition at 7–8 (citing Policies and Rules for the
Direct Broadcast Satellite Service, IB Docket No.
98–21, Report and Order, 17 FCC Rcd 11331, 11401
(2002)).
13 SES Petition at 8–9 (stating that ‘‘[i]n its
Spectrum Frontiers proceeding, the Commission
responded to requests by SES and other satellite
industry interests for revision of the rules governing
the 24.75–25.25 GHz frequencies.’’) SES notes that
the Commission proposed and adjusted its rules to
place FSS on the same footing as BSS feeder links
in the Spectrum Frontiers proceeding, and this was
consistent with the Commission’s goals: ‘‘increasing
flexibility of use and spectrum efficiency,’’ citing
Use of Spectrum Bands Above 24 GHz for Mobile
Radio Services, GN Docket No. 14–177, Second
Report and Order, Second Further Notice of
Proposed Rulemaking, Order on Reconsideration,
and Memorandum Opinion and Order, 32 FCC Rcd
10988, 11017–20 (2017) and Use of Spectrum Bands
Above 24 GHz For Mobile Radio Services, Third
Report and Order, Memorandum Opinion and
Order, and Third Further Notice of Proposed
Rulemaking, 33 FCC Rcd 5576, 5586 (2018)).
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Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules
Frequency Allocations to permit FSS
downlinks in the band.
AT&T urges the Commission to
carefully evaluate a number of technical
concerns that could impact incumbent
DBS and 17/24 GHz BSS operators.
AT&T states that the Commission
should consider whether authorizing
FSS downlinks in the 17.3–17.7 GHz
band could constrain future
development or modifications of
existing DBS systems, and the effect it
might have on new applicants to
provide DBS feeder link service. AT&T
further argues that any rulemaking
should consider the effect of proposed
changes on other bands, such as the
24.75–25.25 GHz band, which is
currently available for FSS uplinks.
AT&T further suggests that we seek
comment on the effect that allowing FSS
downlinks in the 17.3–17.7 GHz band
could have on operations that are colocated with, or near to, U.S. DBS
licensees’ facilities. Finally, AT&T
contends that we should make clear that
use of the 17.3–17.7 GHz band for FSS
downlinks does not extend to earth
stations in motion, nor to nongeostationary satellite orbit (NGSO)
satellites.
SES claims that none of AT&T’s
contentions impede the Commission
from initiating a rulemaking. SES
further disputes AT&T’s claim that
authorizing FSS downlinks in the 17.3–
17.7 GHz band could limit future
modifications of BSS networks.
According to SES, AT&T’s claims are
speculative and outweighed by the
potential benefits of promoting more
efficient spectrum use. SES also asserts
that we should not prejudge whether
FSS downlinks in the 17.3–17.7 GHz
band can be used to communicate with
user terminals, including terminals in
motion.
We propose to permit GSO FSS
(space-to-Earth) communications in the
17.3–17.8 GHz band. We also propose
technical rules to prevent harmful
interference between stations or services
in this band. With appropriate technical
safeguards to protect incumbents,
permitting the use of this band for GSO
FSS downlink services would facilitate
deployment of advanced satellite
systems and enable the most effective
and efficient use of the spectrum. We
further propose to define extended Kaband frequencies and to establish
routine licensing criteria for earth
stations seeking to operate in those
frequencies.
broadband access services using highthroughput satellites. In these systems,
end user terminals uplink to space
stations using one set of frequencies,
and the space station downlinks traffic
to earth station terminals using a
separate set of frequencies (and back
into the internet backbone). The
satellites in these systems typically use
spot-beam technology and high-order
frequency re-use to significantly
increase capacity and spectral
efficiency.
Over the last ten years there has been
an increase in the number of space
stations using Ka-band frequencies that
serve, or intend to serve, customers in
the United States. In its petition for
rulemaking, SES argues that there is a
particular need for additional Ka-band
spectrum for FSS gateway earth stations
to support high-throughput satellite
communications.14 SES argues that the
full benefits from these systems cannot
be achieved without access to sufficient
gateway spectrum to support multiple
spot beams for expanded downlink
connectivity. SES states that permitting
FSS downlink communications in the
17.3–17.7 GHz band would help to
address the need for more spectrum and
enable enhanced space station
performance in communicating with
gateway earth stations. SES further
states that having the additional
spectrum for space-to-Earth
communications in turn would allow
U.S. consumers to ‘‘enjoy greater access
to innovative satellite services both at
home and during their travels by air and
sea.’’ Telesat states that it ‘‘shares the
concerns expressed by SES regarding
the limited availability of FSS
frequencies that can be used to operate
gateway earth stations to support the
burgeoning development of Ka-band
satellite services.’’ Telesat further argues
that ‘‘[t]he 17 GHz band is well-suited
to supplement the frequency capacity
available for this purpose, both in terms
of its functionality for FSS operators in
the Ka-band, including Telesat and SES,
and the compatibility of their use with
other authorized uses of the band.’’
Telesat emphasizes that there is
increasingly limited spectrum and
‘‘providing for the expanded use of the
17 GHz band to support growing
demand for FSS Ka-band downlink
spectrum while not jeopardizing
existing operations in the band will
enhance the use of spectrum for the
public good.’’ AT&T does not dispute
Proposed GSO FSS Allocation in the
17.3–17.8 GHz Band
The Ka-band is used extensively by
FSS operators to provide satellite-based
14 SES Petition at 3. As an example, SES cites its
SES–17 satellite that will use all the Ka-band
spectrum allocated for FSS in the space-to-Earth
direction. See, IBFS File No. SAT–PDR–20190305–
00014 (grant stamp dated May 8, 2020).
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the need for additional spectrum but
asks that ‘‘any rulemaking must be
carefully tailored to allow the
Commission and interested parties to
fully consider and evaluate SES’s
proposals and their potential impact on
current and future DBS and BSS
operators.’’
We propose to make the 17.3–17.8
GHz band available for more intensive
use by FSS satellite operators, to meet
the need for additional Ka-band GSO
FSS downlink spectrum. We note that
the need for additional spectrum for
these services also has been recognized
internationally.15 We seek comment on
this potential need for additional Kaband GSO FSS downlink spectrum and
on our proposed changes to the U.S.
Table 16 and other Commission rules.
In particular, we propose to add a
primary allocation to the FSS in the
space-to-Earth direction in the U.S.
Table to permit FSS downlinks from
geostationary satellites to operate in the
17.3–17.7 GHz band on a co-primary
(co-equal) basis 17 with other primary
services in that band.18 In addition, as
discussed below, we propose certain
changes to the U.S. Table to permit GSO
FSS space-to-Earth operations in the
adjacent 17.7–17.8 GHz band. We note
that in the 17.7–17.8 GHz band a bidirectional allocation currently exists in
the International Table for ITU Region 2,
but not in the U.S. Table. FSS operation
in the 17.7–17.8 GHz band is limited to
the Earth-to-space direction in the
United States. We propose to revise the
allocation to permit FSS in the space-toEarth direction. We also propose to
permit authorization of FSS receiving
15 There is already a primary allocation to the FSS
(space-to-Earth) in the 17.7–17.8 GHz in all three
ITU Regions internationally. See 47 CFR 2.106. The
2019 World Radiocommunication Conference
(WRC–19) also adopted Resolution 174 (WRC–19)
inviting the ITU–R to complete the sharing and
compatibility studies necessary to consider a
possible new primary allocation to the FSS (spaceto-Earth) in Region 2 in the 17.3–17.7 GHz band.
See also Innovation, Science, and Economic
Development Canada, Consultation on the
Utilization of the Bands 18.8–19.3 GHz and 28.6–
29.1 GHz, and the Bands 17.3–17.7 GHz, 19.3–19.7
GHz and 29.1–29.25 GHz by the Fixed-Satellite
Service, available at https://www.ic.gc.ca/eic/site/
smt-gst.nsf/eng/sf11441.html.
16 The proposed changes to the U.S. Table herein
refer to changes to the U.S. Non-Federal Table of
Frequency Allocations in the Allocation Table. See
47 CFR 2.105(a).
17 A service designated as co-primary must share
operations with other services designated as coprimary in the frequency band on a co-equal basis.
See Redesignation of the 17.7–19.7 GHz Frequency
Band, Blanket Licensing of Satellite Earth Stations
in the 17.7–20.2 GHz and 27.5–30.0 GHz Frequency
Bands, and the Allocation of Additional Spectrum
in the 17.3–17.8 GHz and 24.75–25.25 GHz
Frequency Bands for Broadcast Satellite Service
Use, 13 FCC Rcd 19923 at n.4 (1998).
18 We also propose a consequential modification
to footnote US402. 47 CFR 2.106.
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earth stations in the 17.7–17.8 GHz band
on a non-protected basis with respect to
fixed service operations; such FSS
receiving earth stations would operate
on a co-primary basis, however, vis-a`vis primary satellite operations in the
band. We seek comment on these
changes and proposals.
GSO FSS Transmissions in the 17.3–
17.7 GHz Band. At present, neither the
International Table (for Region 2) nor
the U.S. Table allows a space-to-Earth
FSS transmission in the 17.3–17.7 GHz
band.19 To accommodate such
operations in the United States, on a coprimary basis, SES requests we revise
the U.S. Table, specifically footnotes
US402 and NG163. Footnote NG163, as
currently written, limits use of the 17.3–
17.7 GHz band by the BSS to
geostationary satellites. SES asks that
we revise this footnote to include a
statement that ‘‘Space stations in this
band may transmit in the fixed-satellite
service (space-to-Earth) on a primary
basis, provided that such transmissions
do not cause more interference, or
require more protection from
interference, than broadcasting-satellite
service transmissions operating in
accordance with the Commission’s
rules.’’ 20 As a consequence of this
change, SES also proposes edits to
footnote US402 21 to include nonFederal FSS receiving earth stations
among those not entitled to protection
from Federal earth station transmissions
in specific geographic areas. SES states
that ‘‘FSS downlinks in the 17 GHz
band will be fully compatible with both
satellite services authorized in the
spectrum: Feeder links for direct
broadcast satellite (‘‘DBS’’) networks
and ‘‘Reverse Band’’ use for the
downlink portion of 17/24 GHz BSS
operations.’’ SES points out that ’’ [n]o
party opposes the SES Petition or
presents any substantial obstacles to the
rule revisions sought by SES to promote
robust, flexible satellite use of
spectrum.’’
AT&T, however, states that the
Commission should make clear that any
use of the 17.3–17.7 GHz band for FSS
downlinks would be limited to GSO
satellites. We note that the interference19 A
17.3–17.7 GHz space-to-Earth FSS allocation
exists in ITU Region 1, and in the adjacent 17.7–
17.8 GHz band in all three Regions. 47 CFR 2.106.
20 SES Petition, Rule Appendix at 1. SES models
its proposed language on footnote 5.492 to the
International Table of Allocations which permits
FSS downlink transmissions in BSS Ku-band
frequencies which are part of an ITU Appendix 30
Plan or List. See also, 47 CFR 2.106, n.5.492.
21 47 CFR 2.106, n.US402. This footnote defines
two geographic areas and frequency segments in
which 17/24 GHz BSS earth stations may not claim
protection from earth stations transmitting to
Federal satellites in the Earth-to-space direction.
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mitigation regime the Commission
established for the BSS and DBS feeder
links in the 17.3–17.7 GHz band
presupposed only GSO satellites. In
addition, Article 22 of the ITU Radio
Regulations does not include equivalent
power flux density limits at the Earth’s
surface for the 17.3–17.8 GHz band that
are necessary to protect earth stations
receiving GSO transmissions from
harmful interference from NGSO
operations. Accordingly, we propose to
modify the U.S. Table, revise footnote
US402, and adopt a new footnote NG58
to permit co-primary operation of FSS
downlink transmissions in the 17.3–
17.7 GHz band, while limiting FSS
downlink operations to GSO satellite
networks.22 To streamline the
applicable restrictions to the 17.3–17.8
GHz band in the U.S. Table, we further
propose to incorporate the use limits
found in US271 and NG163 into the
new footnote NG58 and remove US271
and NG163. We also propose
consequential modifications to our
licensing information requirements
contained in § 25.115(e). We seek
comment on these proposals.
GSO FSS Transmissions in the 17.7–
17.8 GHz Band. In the U.S. Table, the
17.7–17.8 GHz band is allocated on a
primary basis to the fixed service and to
the FSS (Earth-to-space) limited, by
footnote US271, to use by feeder links
for the BSS.23 The International Table
includes primary allocations to the FSS
(both Earth-to-space and space-to-Earth)
in all three ITU Regions, including
Region 2, in the 17.7–17.8 GHz band,
and FSS operators may use this band to
provide service outside of the United
States.
With respect to sharing of the 17.7
and 17.8 GHz band with the fixed
service, we note that in 2000, the
Commission designated the 17.7–18.3
GHz band for primary use by terrestrial
services.24 This designation was based
in large part upon the conclusion, at
that time, that sharing between
terrestrial services and satellite services
was not feasible, especially when
satellite earth stations would be
ubiquitously deployed. In 2017,
22 As a corresponding change, we also propose to
similarly amend note 1 to § 25.202(a)(9) of our rules
which addresses use of the 17.3–17.8 GHz band for
BSS. 47 CFR 2.202(a)(9).
23 47 CFR 2.106 and footnote US271. The use of
the band 17.3–17.8 GHz by the FSS (Earth-to-space)
is limited to feeder links for BSS.
24 Prior to 2000, the 17.7–18.3 GHz band was
designated for shared co-primary use by GSO FSS
and fixed service operations. See 18 GHz Order, 15
FCC Rcd 13430. In 2000, in addition to designating
the 17.7–18.3 GHz band for primary use by
terrestrial services, the Commission also designated
the 18.3–18.58 GHz band for co-primary use by
GSO FSS and terrestrial fixed services, and the
18.58–18.8 GHz band for primary use by GSO FSS.
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however, the Commission adopted a
secondary allocation for the FSS (spaceto-Earth) in the 17.8–18.3 GHz band and
also permitted blanket earth station
licensing. In the 17.7–17.8 GHz band,
we now propose to add a space-to Earth
direction (to the existing primary FSS
allocation) in the U.S. Table, but also to
add a footnote stipulating that earth
stations receiving in the 17.7–17.8 GHz
band are not entitled to protection from
the fixed service. This would make
these FSS downlink operations coprimary vis-a`-vis other satellite
operations in the band but treat them as
secondary with respect to fixed service
operations, consistent with the
treatment of the FSS (space-to-Earth)
operations vis-a-vis fixed services in the
adjacent 17.8–18.3 GHz band.
Accordingly, if we permit GSO FSS
(space-to-Earth) operations in the 17.7–
17.8 GHz band, we propose these
operations would be conducted on a
non-protected basis vis-a-vis the fixed
service.25 We seek comment on these
proposals and conclusions.
We note that allowing use of the 17.7–
17.8 GHz band by the FSS (space-toEarth) would provide a contiguous band
for FSS downlink operations at 17.3–
18.3 GHz, along with the existing FSS
use in the 18.3–18.8 GHz band.26 This
would facilitate operational efficiencies
and flexibility to avoid interference and
to use this contiguous spectrum in the
most effective and efficient manner. We
seek comment on our proposals and
these conclusions. As discussed further
below, we also seek comment on how
our proposals would affect the existing
operations of the incumbent fixed
services in the 17.7–17.8 GHz band as
well as the potential for the future
development and deployment of other
terrestrial services in this band. To the
extent that commenters assert that our
proposal would negatively impact
existing and future terrestrial services in
the 17.7–17.8 GHz band, these
commenters should explain whether
such impacts could be mitigated by any
modifications to our proposals herein.
With respect to FSS operations vis-avis other satellite operations in the
25 In addition, the fixed service stations would be
protected from harmful interference from GSO FSS
downlink operations, given the existing power flux
density (PFD) limits for GSO space stations in
§ 25.208(c) of the Commission rules. 47 CFR
25.208(c). These PFD limits comport with
established international standards for preventing
harmful interference to fixed service stations and
are applicable in the entire 17.7–19.7 GHz band.
See also infra at paragraph 24.
26 In 2000, the Commission also designated the
18.3–18.58 GHz band for co-primary use by GSO
FSS and fixed service and the 18.58–18.8 GHz band
for primary use by GSO FSS. See 18 GHz Order, 15
FCC Rcd at 13432, 13445, paragraphs 4 and 31.
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17.7–17.8 GHz band, we propose to treat
FSS (space-to-Earth) operations on a coprimary basis vis-a`-vis the primary FSS
(Earth-to-space) allocation in the 17.7–
17.8 GHz band. Treating satellite
operations on co-primary basis would
be consistent with the International
Table and our proposed co-primary
treatment of satellite operations in the
adjacent 17.3–17.7 GHz band. This
would facilitate the use of the 17.3–17.7
GHz and 17.7–17.8 GHz frequencies as
a contiguous band, governed by the
same streamlined rules, allowing
flexibility to the FSS space-to-Earth
systems to operate efficiently.
Accordingly, allowing FSS downlink
operations in the 17.7–17.8 GHz band
would serve the public interest,
provided such FSS operations comply
with other proposed revisions to the
technical requirements intended to
protect the operations of incumbent
services, including 17/24 GHz BSS and
DBS systems. We seek comment on
these proposals and conclusions.
If adopted, we propose to implement
our revisions to the U.S. Table by
including a primary allocation to the
FSS (space-to-Earth) but also including
the new footnote NG58 that would
permit authorization of earth stations
receiving transmissions from GSO FSS
space stations in the 17.7–17.8 GHz
band, strictly on a non-protected basis
with respect to terrestrial fixed service
operations. The relevant portion of this
new footnote NG58 would read: ‘‘Earth
stations in the fixed-satellite service
(space-to-Earth) in the 17.7–17.8 GHz
band shall not claim protection from
stations in the fixed service that operate
in that band.’’ We believe this approach
will provide a certain level of flexibility
to GSO FSS operators while placing no
additional coordination burden on fixed
service operators.27 This approach also
is consistent with our goals to allocate
increasingly scarce spectrum resources
in the most efficient and effective
manner possible. We also propose
corresponding modifications to § 25.115
to reference these conditions in our
licensing requirements, including a
27 We note that with respect to adjacent band
operations, under the currently applicable rules, a
fixed service operator in the 17.7–18.3 GHz band is
required to comply with out of band emission limits
contained in our rules. A fixed service operator in
the 17.7–18.3 GHz band that complies with these
limits would not otherwise be required to
coordinate its operations with FSS receiving earth
stations in the 17.3–17.7 GHz band. See Letter from
Donald J. Evans, Counsel to the Fixed Wireless
Communications Coalition, to Marlene H. Dortch,
Secretary, FCC, IB Docket No. 20–330 at 2 (filed
Nov. 10, 2020). See also 47 CFR 74.637, § 78.103,
and § 101.111. Fixed services in the 17.8–18.3 GHz
band would likewise not be subject to a
coordination requirement vis-a`-vis FSS receiving
earth stations operating in the 17.7–17.8 GHz band.
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proposed condition that blanket
licensed FSS earth stations, if
authorized to receive FSS (space-toEarth) transmissions in the 17.7–17.8
GHz band, must operate on a nonprotected basis and claim protection
from neither fixed service operations
nor FSS earth stations providing feeder
links to BSS space stations in the
band.28 We seek comment on these
proposals.
With respect to protecting incumbents
from harmful interference, we note that
§ 25.208(c) includes angle-dependent
PFD limits intended to protect terrestrial
services from space station
transmissions in the 17.7–19.7 GHz
band. We seek comment on whether
these angle-dependent PFD limits
would adequately protect fixed service
operations from harmful interference
from GSO FSS operations in the 17.7–
17.8 GHz band. Apart from these and
the default service rules contained in
§ 25.217 we have no requirements
specifically governing space-to-Earth
FSS transmissions in the 17.7–17.8 GHz
band. If commenters propose any
additional rules to facilitate sharing,
they also should address costs and
benefits of adopting their proposals.
Although we believe that the aboveoutlined approach best achieves our
goals of promoting spectrum efficiency
and operational flexibility, we seek
comment on alternatives and how we
can protect the operations of incumbent
services. AT&T asserts that when
considering the entry of new FSS coprimary operations into the band, the
Commission should consider the impact
of these new operations on the future
expansion of DBS uplinks. Although the
recent removal of the DBS freeze should
alleviate AT&T’s particular concern
regarding the timing of introducing
these new operations, we nonetheless
seek comment on this question
generally as raised by AT&T. We believe
that our proposed revisions to the U.S.
Table allowing co-primary FSS
downlinks in the 17.3.17.8 GHz band
are compatible with existing operations
in the band given the accompanying
revisions to the technical requirements
intended to protect the operations of
incumbent services. Nonetheless, we
seek comment on the possible impact to
current and future DBS, 17/24 GHz BSS,
or terrestrial fixed service systems, and
we ask if the introduction of new GSO
FSS downlinks into the band might
have unforeseen or unreasonably
constraining consequences to these
28 See infra, Appendix A. Unlike blanket licensed
FSS earth stations, individually licensed FSS earth
stations would be permitted to claim protection
from earth stations providing feeder links to BSS
space stations in the band. See infra, paragraph 55.
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7665
systems. If so, we ask what course of
action would best protect the operations
of future and existing users.
Technical Rules To Prevent Harmful
Interference in the 17.3–17.8 GHz Band
Measures To Facilitate Space-to-Earth
Operations of 17/24 GHz BSS and FSS
We propose various requirements
intended to facilitate both intra-service
operations between 17.3–17.8 GHz FSS
space stations and inter-service
operations between FSS and17/24 GHz
BSS space stations. Most of these
requirements are already applicable to
17/24 GHz BSS space stations
transmitting in the band, and we
propose to extend them to 17.3–17.8
GHz FSS space stations either directly
or with some modifications.
Required Longitudinal Separation. At
present, the different satellite services
operating in the 17.3–17.8 GHz band are
subject to different orbital spacing
requirements. Our rules require 17/24
GHz BSS space stations that transmit in
the space-to-Earth direction in the 17.3–
17.8 GHz band to be separated from
each other by at least four degrees.29 In
contrast, DBS stations are authorized to
receive feeder uplink transmissions in
the 17.3–17.8 GHz band in the opposite
direction (i.e., reverse-band operations),
and are typically separated from each
other by at least nine degrees.30
Transmitting 17/24 GHz BSS space
stations must also maintain at least 0.2
degrees separation from DBS space
stations to minimize space path
interference. GSO FSS space stations
however, have historically been subject
to a two-degree spacing requirement.31
29 We note however, that the FSS space stations
in the 24.75–25.25 GHz band, which include (but
are not limited to) feeder uplinks for 17/24 GHz
BSS stations may be located as close as two degrees.
See Use of Spectrum Bands Above 24 GHz for
Mobile Radio Services, GN Docket No. 14–177, WT
Docket No. 10–112, Third Report and Order,
Memorandum Opinion and Order, and Third
Further Notice of Proposed Rulemaking, 33 FCC
Rcd 5576, 5586, paragraph 25 (2018).
30 The spectrum and orbital resources for DBS are
subject to planned use, on a regional basis, under
the international regulations administered by the
International Telecommunication Union (ITU).
Under this plan, the United States is assigned eight
orbital locations for the provision of DBS, spaced
at least nine degrees: 61.5° West Longitude (W.L.),
101° W.L., 110° W.L., 119° W.L., 148° W.L., 157°
W.L., 166° W.L., and 175° W.L. See ITU Radio
Regulations, Art. 5, section 1.
31 47 CFR 25.103. Our rules define a two-degree
compliant space station as a GSO FSS space station
operating in the conventional or extended C-bands,
the conventional or extended Ku-bands, the 24.75–
25.25 GHz band, or the conventional Ka-band
within the limits on downlink EIRP density or PFD
specified in § 25.140(a)(3) and communicating only
with earth stations operating in conformance with
routine uplink parameters specified in §§ 25.138(a),
25.211(d), 25.212(c), (d), or (f), 25.218, 25.221(a)(1)
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Compliance with the two-degree orbital
separation requirements for FSS space
stations is verified by the information
certifications and technical showings
required by § 25.140(a) of our rules.
In its Petition, SES includes proposed
modifications to both rule §§ 25.140,
and 25.262. Under this proposed
approach, FSS space stations would be
required to maintain at least two degrees
of separation from each other and would
also be required to maintain a default
orbital separation of at least four degrees
from 17/24 GHz BSS space stations.32
In determining what orbital
separation would be most appropriate
for FSS space stations seeking to operate
in the 17.3–17.8 GHz band in the spaceto-Earth direction, we consider not only
accommodation of FSS operations in a
manner most consistent with other FSS
bands, but also harmonization of the
operations of the three different satellite
services operating bi-directionally in the
same frequency band. We therefore
propose changes to §§ 25.140(a) and (b),
(d) and 25.262 of our rules, to require
GSO FSS and 17/24 GHz BSS applicants
seeking to operate in the 17.3–17.8 GHz
band, to demonstrate compliance with
rules applicable to their service’s
particular orbital spacing requirements,
while simultaneously accommodating
adjacent neighboring space stations in
other services.33 We propose to adopt a
two-degree orbital spacing approach for
transmitting FSS space stations and
require an FSS applicant to make
different coordination showings
depending upon the service of its
adjacent neighbors. We believe that
permitting two-degrees of separation
between downlinking FSS space
stations, while retaining four-degree
separation from 17/24 GHz BSS space
stations, would most efficiently use the
orbital arc and associated spectrum
resources. We seek comment on this
proposal, and on its possible
ramifications for the incumbent
services.
We also seek comment on other
alternatives, including whether we
should apply the same orbital spacing
requirements to downlinking FSS space
stations as we currently apply to 17/24
GHz BSS stations, (i.e., four-degree
spacing). While this approach might
yield a more homogeneous regulatory
and operating environment and could
or (3), or 25.222(a)(1) or (3), 25.226(a)(1) or (3), or
25.227(a)(1) or (3).
32 The minimum four-degree separation
requirement between 17/24 GHZ BSS space stations
would be unchanged. SES Petition, Rule Appendix.
33 47 CFR 25.140(a) and (b) and § 26.262. We also
propose conforming changes to § 25.114(d)(15)
which refers to the showings applicants must
provide with their applications.
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be implemented using the coordination
showings per § 25.140(b) for both types
of applicants, it may not, however, most
effectively maximize use of the orbital
arc and spectral resources, nor provide
maximum flexibility for FSS or 17/24
GHz BSS operators. Commenters
proposing other alternatives also should
discuss any cost and benefits associated
with their proposals, in addition to
discussing any technical advantages.
Downlink Power Limits. The
Commission has typically employed
downlink PFD limits for space stations
transmissions in order to facilitate both
inter-service and intra-service sharing.
PFD limits for intra-service operations
are generally imposed to ensure a
relatively homogeneous transmitting
environment which aids in protecting
co-frequency receiving antennas from
adjacent satellite interference.34 PFD
limits may also be imposed to facilitate
inter-service operations, notably to
protect terrestrial services from satellite
transmissions.
The Commission’s current rules
include PFD limits for 17/24 GHz BSS
systems transmitting in the 17.3–17.7
GHz band.35 These PFD levels were
established to accommodate four-degree
spacing (i.e., intra-service sharing)
between 17/24 GHz BSS networks. The
regional variation was adopted, among
other reasons, to account for geographic
variations in rainfall characteristics.
Moreover, these limits are intended to
protect BSS receiving antennas
conforming to the requirements of
§ 25.224 of our rules and are derived
from antenna patterns in
Recommendation ITU–R BO.1213–1
which applies specifically to BSS
receiving antennas.36 FSS receiving
antennas will likely exhibit different
gain characteristics and may ultimately
operate in an orbital spacing
environment (e.g., two degrees) different
from the four-degree separation
approach established for 17/24 GHz BSS
34 The downlink power levels transmitted by
adjacent co-frequency satellites, in combination
with the sidelobe performance characteristics of the
receiving earth station antenna, will determine the
carrier-to-interference ratio that an operator
experiences at the receive antenna as a result of
adjacent satellite interference.
35 47 CFR 25.208(w). Specifically, these PFD
limits are: (1) In the region of the contiguous United
States, located south of 38° North Latitude and east
of 100 West Longitude: ¥115 dBW/m2/MHz; (2) In
the region of the contiguous United States, located
north of 38° North Latitude and east of 100° West
Longitude: ¥118 dBW/m2/MHz; (3) In the region of
the contiguous United States, located west of 100
West Longitude: ¥121 dBW/m2/MHz; and (4) For
all regions outside of the contiguous United States
including Alaska and Hawaii: ¥115 dBW/m2/MHz.
Id.
36 In contrast, FSS receiving antennas in other
frequency bands are typically subject to the
requirements contained in § 25.209.
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space stations. 17/24 GHz BSS and FSS
space stations transmitting in the 17.7–
17.8 GHz band are also subject to the
arrival-angle-dependent PFD limits
contained in § 25.208(c) that are
intended to protect terrestrial systems in
that band.37
At present, our rules do not include
PFD limits for FSS space stations in the
17.3–17.7 GHz band. In its petition, SES
proposes PFD limits for FSS systems
based on the existing regional PFD limit
scheme, with some modifications.38 SES
proposes that in some geographic
regions FSS downlink transmissions not
exceed a PFD limit of –118 dBW/m2/
MHz which is more stringent than the
limit imposed on 17/24 GHz BSS space
stations in the same region.39 Although
SES offers no explicit rationale for its
proposal to apply this more stringent
PFD limit to FSS transmissions, we
recognize that it is identical to the PFD
limit our rules apply to FSS
transmissions in the nearby
conventional Ka-band to allow twodegree spacing.40 We propose applying
regional PFD limits to 17.3–17.8 GHz
FSS space station transmissions, to
harmonize them with those now
applicable to the 17/24 GHz BSS, and
propose adopting the specific regional
limits advocated by SES. We tentatively
conclude that these limits, including the
maximum value of ¥118 dBW/m2/MHz
will allow transmitting FSS space
stations to operate in both a two-degree
FSS spacing environment as well as
alongside the four-degree 17/24 GHz
BSS environment.41 We seek comment
on these conclusions.
The PFD limits contained in § 25.208
are largely intended to facilitate sharing
between space and terrestrial services.
Most are angle-dependent and closely
replicate the PFD limits contained in
37 47 CFR 25.208(c). These limits are applicable
in the 17.7–19.7 GHz band and must be met by FSS
and 17/24 GHz BSS space stations.
38 SES Petition at 10. SES’s proposed
requirements are: (1) In the region of the contiguous
United States, located south of 38° North Latitude
and east of 100° West Longitude: ¥118 dBW/m2/
MHz; (2) In the region of the contiguous United
States, located north of 38° North Latitude and east
of 100° West Longitude: ¥118 dBW/m2/MHz; (3) In
the region of the contiguous United States, located
west of 100° West Longitude: ¥121 dBW/m2/MHz.;
and (4) For all regions outside of the contiguous
United States including Alaska and Hawaii: ¥118
dBW/m2/MHz.
39 This limit is more stringent compared with the
most restrictive PFD limit of ¥115 dBW/m2/MHz
required in the same geographic region from BSS
space stations.
40 47 CFR 25.140(a)(3)(iii). The conventional
downlink Ka-bands include 18.3–18.8 GHz (spaceto-Earth) and 19.7–20.2 GHz (space-to-Earth).
41 We note that if the ¥118 dBW/m2/MHz
regional PFD limit is met, then the angle-dependent
PFD limits contained in § 25.208(c) that are
intended to protect terrestrial operations in the
17.7–17.8 GHz band will be met as well.
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Article 21 of the ITU Radio Regulations.
Since § 25.140(a) contains rules to
facilitate FSS operations in a two-degree
orbital spacing environment, we believe
that this rule section is a more
appropriate place to include our
proposed PFD limits, as they are
intended to facilitate intra-service
operation. Thus, rather than amending
§ 25.208, we propose to include these
new PFD requirements in § 25.140(a)(3).
Further, to improve the organizational
coherence of our Part 25 rules, we also
propose to likewise move the regional
PFD limits for 17/24 GHz BSS space
stations now contained in section
25.208(w) to § 25.140(b)(3). As a
consequence of this move, we also
propose conforming updates to other
paragraphs in § 25.140(b)(3) 42 and to
rule sections that currently reference
section 25.208(w) including
§§ 25.114(d)(15)(i) and (ii), 25.140(b)(5),
and 25.262(b)(1) and (2) and (c) and (d).
We seek comment on these proposed
rule changes generally, and on whether
the proposed PFD limits for FSS space
stations are appropriate.
Polarization and Full Frequency ReUse Requirements. Section 25.210(f) of
our rules requires all space stations in
the FSS operating in any portion of the
bands specified therein to employ stateof-the-art full frequency reuse, either
through the use of orthogonal
polarizations within the same beam
and/or the use of spatially independent
beams.43 It similarly requires full
frequency reuse for BSS space stations
transmissions in the 17.3–17.8 GHz
band (space-to-Earth).44 We propose to
amend this requirement to include
17.3–17.8 GHz in the list of specified
frequencies, thereby extending the
requirement to FSS space-to-Earth
transmissions in the band. We seek
comment on this proposal.
Cross-Polarization Isolation
Requirements. Section 25.210(i) requires
17/24 GHz BSS transmitting space
station antennas to provide crosspolarization isolation of at least 25 dB
within the primary coverage area. We
note that a similar cross-polarization
isolation requirement for transmitting
42 We propose renumbering of § 25.140(b)(3)
generally as well as conforming updates to
paragraphs (b)(4), (b)(5) and a new paragraph (b)(6).
See infra Appendix A.
43 47 CFR 25.210(f). The FSS bands listed include
3600–4200 MHz, 5091–5250 MHz, 5850–7025 MHz,
10.7–12.7 GHz, 12.75–13.25 GHz, 13.75–14.5 GHz,
15.43–15.63 GHz, 18.3–20.2 GHz, 24.75–25.25 GHz,
or 27.5–30.0 GHz bands, including feeder links for
other space services. This requirement does not
apply to telemetry, tracking, and command
operation.
44 47 CFR 25.210(f). This requirement does not
apply to telemetry, tracking, and command
operation.
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FSS space stations was eliminated in
the Part 25 Second Report and Order,
although at that time the Commission
did not address the cross-polarization
isolation requirement for 17/24 GHz
BSS. We propose to not extend the
cross-polarization requirements to FSS
space station antennas transmitting in
the 17.3–17.8 GHz band. We seek
comment on this proposal. We also seek
comment on whether this requirement
might be obsolete in the current digital
transmission environment and could be
eliminated for 17/24 GHz BSS space
station transmissions as well.45
Measures To Mitigate Space Path
Interference
In the 17.3–17.8 GHz reverse-band
sharing environment, receiving DBS
space stations are vulnerable to space
path interference 46 from nearby cofrequency 17/24 GHz BSS space station
transmissions.47 In the 17/24 GHz Space
Path Report and Order, the Commission
adopted requirements to mitigate such
space path interference. If we opt to
permit FSS space-to-Earth transmissions
in the 17.3–17.8 GHz band, analogous
requirements will need to be adopted to
mitigate space path interference from
FSS space station transmissions into
DBS satellite receivers. We propose to
apply to FSS space stations the same
antenna off-axis power flux density
coordination trigger, antenna off-axis
gain measurement requirements, twopart information submission process,
and orbital inclination and eccentricity
45 Historically, the Commission adopted its 30 dB
FSS cross-polarization isolation requirement in an
environment where satellites were predominantly
using analog transmissions as it served to minimize
the interference between adjacent satellites when
both carried analog video signals with highly
varying (peaked) power density levels. Although
relaxed to 25 dB, a similar cross-polarization
requirement, was later extended to 17/24 GHz BSS
systems. 17/24 GHz R&O and FNPRM, 22 FCC Rcd
at 8888–89, paragraph 113.
46 This type of interference may occur when the
off-axis downlinked signals from one space station
are detected by the receiving antenna of a nearby
co-frequency space station. The severity of space
path interference will depend upon the transmitted
signal power level; the off-axis gain discrimination
characteristics of the transmitting and receiving
antennas; and on the specific orientation of, and
separation between, the transmitting and receiving
antennas on both space stations. This latter factor
in turn depends upon various inter-dependent
parameters including longitudinal separation and
the inclination and eccentricity of both space
station orbits. Management of space path
interference is typically more challenging when a
receiving DBS space station is located within a few
tenths of a degree in orbital longitude from a
transmitting co-frequency space station.
47 Analogously, ground path interference arises
between earth stations when the off-axis
transmissions in the Earth-to-space direction of one
service are received by a nearby co-frequency
receiving earth station in another service. See infra
at paragraphs 49–58.
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constraints that § 25.264 of our rules
now applies to 17/24 GHz BSS space
stations.
Off-Axis Power Flux Density
Coordination Trigger. To avoid harmful
levels of space path interference into
DBS space station antennas from 17/24
GHz BSS transmissions, our rules
provide a coordination trigger value,
i.e., a PFD of ¥117 dBW/m2/100 kHz at
the victim DBS space station receiving
antenna above which coordination is
required. To protect DBS space stations
from space path interference arising
from adjacent FSS space station
downlinks, SES proposes modifications
to § 25.264 of our rules to extend the
current PFD coordination trigger of –117
dBW/m2/100 kHz to downlinking FSS
space stations in the 17.3–17.7 GHz
band. We further propose applying this
coordination trigger to transmissions
from FSS space stations is an
appropriate approach to mitigate space
path interference into DBS receivers and
we propose to amend § 25.264(a)
through (i) of our rules accordingly. We
also propose to apply this requirement
to FSS downlinking space stations in
the 17.7–17.8 GHz band, which could
also be a source of space path
interference into DBS receivers. We seek
comment on these proposals.
In addition, we propose to amend
§ 25.264(b)(1) and (2) and (e) to require
that the PFD calculations at the DBS
receiver consider the aggregate power
flux density from all 17.3–17.8 GHz
transmitting beams on the adjacent
space station. Under our proposed new
rules, this requirement would apply to
both FSS and any new 17/24 GHz BSS
space station operations. Our space path
mitigation rules were initially written
considering the 17/24 GHz BSS space
stations of an earlier generation as
potential interference sources; at that
time we did not contemplate today’s
space station design, that often employs
multiple spot beams and may result in
a cumulative interference level at the
DBS receiver. We seek comment on
these proposals.
Requirements for Antenna Off-Axis
Gain, Angular Measurement Ranges,
and Minimum Longitudinal Separation.
Our current rules require that 17/24
GHz BSS space stations maintain a
minimum longitudinal separation of at
least 0.2° from an adjacent DBS satellite.
This angular separation, in conjunction
with limits on certain orbital parameters
of space stations in both the DBS and
17/24 GHz BSS services, bounds the
range over which 17/24 GHz BSS
applicants or licensees must provide off-
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axis angular gain and PFD data.48
Sections 25.264(a) and (b) of our rules
specify the set of angular ranges over
which antenna off-axis gain data and
associated PFD calculations must be
provided to demonstrate whether the
coordination trigger will be exceeded at
planned or existing DBS satellite
locations.49 SES proposes that
transmitting FSS space stations be
required to maintain this same
minimum longitudinal separation of
0.2° from adjacent DBS satellites, and
would extend to them the same limits
on orbital inclination and eccentricity. It
further proposes extending to
transmitting FSS space stations, the
requirement to provide antenna off-axis
gain and PFD information over the same
angular and frequency measurement
ranges contained in our rules for 17/24
GHz BSS transmitting space stations.
The required angular measurement
ranges and associated orbital parameters
including longitudinal separation,
inclination and eccentricity, are interdependent values. Accordingly, the offaxis angle occurring between two
geostationary satellites will vary as a
result of changes in these interdependent orbital parameters. The offaxis measurement ranges specified in
our rules for 17/24 GHz BSS satellites
are intended to encompass the angular
range arising between DBS and 17/24
GHz BSS satellites with longitudinal
separations as small as 0.1 degrees,50
while simultaneously accommodating
operation of such space stations within
typically observed orbital eccentricity
and inclination values. At the time the
current values for these parameters were
chosen, the Commission sought to
48 47 CFR 25.264(h) and (i). Orbital inclination is
limited to less than 0.075° and orbital altitude may
not exceed 35,806 km or fall below 35,766 km
above the Earth’s surface. Although a DBS space
station may exceed these bounds, it may not claim
protection from any additional space path
interference arising as a result of its excessively
inclined or eccentric operations and may only claim
protection as if it were operating within the defined
bounds. See also, 17/24 GHz Space Path Report and
Order at 8945–47, paragraphs 39–41.
49 47 CFR 25.264(a). Specifically, measurements
must be made over a range of ±30° from the X axis
in the X–Z plane, and over a range of ±60° in planes
rotated about the Z axis. This rule section also
defines the X and Z axes using a cartesian
coordinate system wherein the X axis is tangent to
the geostationary orbital arc with the positive
direction pointing east, i.e., in the direction of travel
of the satellite; the Y axis is parallel to a line
passing through the geographic north and south
poles of the Earth, with the positive direction
pointing south; and the Z axis passes through the
satellite and the center of the Earth, with the
positive direction pointing toward the Earth. See
also, 17/24 GHz Space Path Report and Order at
8941–42, paragraphs 30–31.
50 Taking the station keeping requirements of
±0.05° into account, the required nominal
separation between the two space stations is 0.2°.
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provide 17/24 GHz BSS operators with
the flexibility to locate at the small
orbital separations they then sought,
while simultaneously requiring the
antenna off-axis gain measurement data
to be made within ranges considered to
be reasonable by commenters. We note
however, that no 17/24 GHz BSS
operator has yet provided service from
a location separated from a U.S.licensed DBS satellite by as little as 0.2
degrees.51 Moreover, in more recent
instances, 17/24 GHz BSS applicants
have sought waivers of our off-axis
antenna gain measurement
requirements, citing difficulties making
measurements over the required angular
ranges and or specified frequencies.
In its Petition, SES proposes FSS use
in space-to-Earth direction for gateway
earth stations, not direct-to-home
consumer services. For such use, FSS
operators will not have the same
economic incentives to locate space
stations at such small longitudinal
separations from DBS satellites (i.e., to
make use of a single subscriber
receiving antenna). Thus, we believe
that the minimum longitudinal
separation from DBS satellites that FSS
space stations must maintain could be
increased, resulting in more limited
angular ranges over which antenna gain
data must be measured.52 Requiring a
minimum orbital separation between
DBS and downlinking 17.3–17.8 GHz
satellites of 0.5 degrees 53 would reduce
the required angular measurement range
in planes rotated about the Z axis to as
little as ±20 degrees. The corresponding
reduction in measurement range in the
X–Z pane would reduce from ±30
degrees to approximately ±6 degrees.
51 Following adoption of minimum orbital
separation requirements in the 17/24 GHz Second
Report and Order, Spectrum Five LLC sought to
operate from an orbital location of 119.25° W.L.
Spectrum Five LLC’s application was granted
although the grant later declared null and void. See
Petition for Declaratory Ruling Regarding 17/24
GHz Broadcasting-Satellite Service to the U.S.
Market from the 119.25° W.L. Orbital Location, 33
FCC Rcd 153 (IB, Sat. Div. 2012) (declaring null and
void Spectrum Five LLC’s grant of access to the U.S.
market for a GSO satellite to be located at the
119.25° W.L. orbital location operating in the
17/24 BSS satellite).
52 One approach that might permit relaxation of
the required angular measurement range for off-axis
antenna gain (and calculated PFD performance)
would be to increase the minimum orbital
separation requirement between transmitting 17.3–
17.8 GHz space stations and DBS receiving space
stations from 0.2 degrees to a somewhat larger
value. Similarly, further restricting the limits placed
on orbital inclination and eccentricity could
accomplish this, although this would seem
somewhat impractical.
53 Taking an east/west station keeping allowance
of ±0.05 degrees into account a nominal orbital
separation of 0.5 degrees results in an actual
minimum orbital separation of 0.4 degrees.
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We propose to amend § 25.264(g) of
our rules to apply 0.5 degrees as the
minimum orbital longitude separation
that transmitting FSS space stations
must maintain relative to DBS space
stations, and to amend § 25.264(a) to
reflect the corresponding off-axis
measurement angles, i.e., ±10 degrees in
the X–Z plane and ±20 degrees in planes
rotated about the Z axis.54 We propose
to retain our current requirements for
orbital inclination and eccentricity, and
propose to amend § 25.264(h) to extend
these values to FSS space stations. We
seek comment on these proposals, and
we ask whether 0.2 degrees or some
different orbital separation value, or
other orbital parameters would be more
appropriate. Further, we tentatively
conclude that this same change in the
required minimum orbital separation
value and corresponding antenna
measurement angles could be extended
to 17/24 GHz BSS space stations
transmitting in the 17.3–17.8 GHz band.
We propose to similarly amend
§ 25.264(a) and (g) with respect to 17/24
GHz BSS space stations, and we seek
comment on these options, and on
alternatives that might be appropriate.
Measurement Frequencies. To account
for the frequency-dependent nature of
antenna gain, our current rules require
off-axis angular measurements to be
made at a minimum of three
measurement frequencies determined
with respect to the entire portion of the
17.3–17.8 GHz band over which the
space station is designed to transmit.55
Although we propose no changes in this
requirement, we seek comment on
whether our rules should be revised to
permit increased flexibility in the
measurement frequencies. If so,
commenters should be specific
regarding how such a rule should be restructured. Comments should address
how many measurement frequencies
should be required, over what range,
and at what separation from each other.
Two-Part Data Submission Process. At
present our rules require a two-part
submission process for antenna off-axis
gain data and associated PFD
calculations to demonstrate
conformance with the off-axis PFD
coordination trigger.56 Under this
54 Smaller orbital separations would still be
possible if a coordination agreement is achieved
between the FSS and DBS operators.
55 47 CFR 25.264(a)(4) and (5). Specifically, these
are: (1) Five megahertz above the lower edge of the
band; (2) at the band center frequency; and (3) five
megahertz below the upper edge of the band. A
greater angular measurement range may be used, if
necessary, to account for any planned spacecraft
orientation bias or change in operating orientation
relative to the reference coordinate system.
56 Initially the Commission’s rules required
analytical data to be included at the time of
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approach at an early stage in the
process, operators submit predicted
antenna off-axis gain data and
associated PFD calculations at any
identified victim (DBS) space station
receiver. No later than two months prior
to launch this predicted data is
confirmed by submission of measured
data and associated PFD calculations.
We propose to amend § 25.264(a)
through (e) of our rules to extend this
requirement to FSS applicants
proposing space-to-Earth transmissions
in the 17.3–17.8 GHz band. We seek
comment on this approach as well as
whether it would serve the public
interest to adopt a modified data
submission process instead. We also
seek comment on whether we should
retain, update, or modify any part of the
process for 17/24 GHz BSS applicants.
In its comments to the Part 25 Second
Report and Order, SIA argued that
§ 25.264(c) should be revised to permit
acceptance of simulated antenna gain
data in place of measured data to afford
applicants additional technical
flexibility. In that Order, the
Commission acknowledged that strict
compliance with § 25.264(c) has proven
difficult for some applicants. At that
time, however, we declined to adopt
SIA’s proposal to accept simulated data
in place of gain measurements, as the
record contained insufficient
information to determine whether the
simulated data would replicate the
accuracy of the required measurements.
To evaluate whether to permit the use
of simulated data in place of gain
measurements in this instance, we seek
comment on whether and how we
should modify the two-part submission
process to also accept simulated data in
lieu of measured data. We ask what
requirements we should place on the
simulated data to ensure accuracy of
required calculations and effectiveness
of our rules. Are there specific software
programs that should be specified, or
certain input assumptions, conditions or
other parameters that we should
specify? In addition to the resulting gain
and PFD levels, what information
should we require applicants to include
with their showing, e.g., specific input
assumptions, conditions or other
parameters? If the Commission decides
to accept simulated off-axis gain and
associated PFD data, what other changes
to our rules may be necessary. For
example, is it necessary to retain the
application, and measured data was required nine
months prior to launch. The Commission later
amended § 25.264 of our rules to provide 17/24 GHz
BSS applicants and licensees greater flexibility, and
to allow for finalization of antenna design. See Part
25 Second Report and Order, 30 FCC Rcd at 14816,
paragraphs 329–330.
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two-part information showing, or is a
single simulation output sufficient? If
so, at what point in the process should
this information be submitted?
Would accepting simulated gain and
PFD data obviate a need to reduce the
angular ranges over which such
measurements are made, based on its
ability to alleviate the difficulties
applicants and licensees experience in
providing measured data? Or rather,
would an increased orbital separation
between space-to-Earth transmitting FSS
or BSS and DBS space stations alleviate
concerns associated with relying upon
simulated off-axis gain data for
determining likelihood of inference,
recognizing that at increased
longitudinal separation, the likelihood
for space path interference is
significantly diminished?
To demonstrate that the coordination
trigger is not exceeded, § 25.264(a)(6)
and (b)(4) of our rules require
submission of PFD information
calculated from the antenna off-axis
gain data. The timing of PFD data
submission is tied to the critical design
review (CDR) process,57 a former
satellite milestone requirement that was
defined to be two years after the license
grant. In the Part 25 Second Report and
Order, however, the Commission
eliminated all interim milestone
requirements, including CDR, thereby
creating some uncertainty with regard to
the timing of PFD submission
requirements. To correct this, we
propose to replace the phrase ‘‘within
60 days after completion of critical
design review’’ with a requirement to
submit information ‘‘within two years
after license grant’’ in these rule
sections. We seek comment on our
proposed changes.
Measures To Mitigate Ground Path
Interference
In the 17.3–17.8 GHz band, receiving
FSS earth stations will be vulnerable to
ground path interference from the Earthto-space transmissions from nearby cofrequency DBS feeder link earth
stations.58 Section 25.203(m) of our
57 In bounding the timing of PFD information
submissions by the critical design review process,
the Commission sought to permit licensees to
provide gain and PFD predictions at a point when
spacecraft design would be more mature, believing
that predictions made at that point would generally
be more reliable than predictions made at the
application stage. Comprehensive Review of
Licensing and Operating Rules for Satellite
Services, IB Docket No. 12–267, Further Notice of
Proposed Rulemaking, 29 FCC Rcd 12116, 12166,
paragraph 177 (2014) (Part 25 Further Notice).
58 Ground path interference arises in reverse-band
sharing scenarios when the off-axis uplinked
signals transmitted by one earth station are detected
by the receiving antenna of a nearby co-frequency
earth station. It is analogous to space path
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rules contains requirements to mitigate
ground path interference from DBS
feeder links into BSS earth stations
operating in the 17/24 GHz BSS. If FSS
receiving earth stations are permitted to
operate in the band with protected
status with respect to DBS feeder link
earth stations, then we will need to
adopt analogous protection
requirements. Below, we propose
generally to apply the same
coordination approach that the
Commission adopted to facilitate
operations between DBS and 17/24 GHz
FSS earth stations to receiving FSS earth
stations. We propose to apply this
coordination approach to FSS earth
stations in the entire 17.3–17.8 GHz
band, although in the 17.7–17.8 GHz
band such earth stations will not be
entitled to protection from fixed service
stations. As discussed below, we seek
comment on modifications to the
parameters used with the ITU Radio
Regulations Appendix 7 coordination
methodology 59 to account for
differences between the receiving
antennas in the two services.
SES argues that 17 GHz FSS
downlinks readily fit into the existing
17/24 GHz BSS regulatory structure and
will not constrain the placement of
additional future DBS feeder link
facilities. SES points out that all existing
DBS feeder link sites are grandfathered
and permitted to make modest changes,
and that entities seeking to establish
protected 17 GHz FSS receiving earth
stations would select locations well
away from current DBS feeder link
facilities.60 We propose generally to
amend § 25.203(m) of our rules to
include receiving FSS earth stations in
the rules. We seek comment on this
approach and on any unforeseen effects
it may have on incumbent DBS
operations. We also recognize that there
are some differences between BSS
receiving earth stations and those FSS
stations that may operate in the band,
and we ask commenters for input on if,
and how, these differences might need
interference which arising between co-frequency
space stations as discussed above. As with space
path interference, the severity of ground path
interference will depend upon the transmitted
signal power level, the off-axis gain discrimination
characteristics of the transmitting and receiving
antennas, and the specific orientation of, and
separation between, the transmitting and receiving
antennas on both earth stations. In addition, local
geography can also influence ground path
interference levels.
59 ITU Radio Regulations, Appendix 7 at section
3; Table 9b of Annex 7.
60 SES Petition at 6–7. SES further argues that the
gateway-type receiving FSS earth stations it
contemplates would be fewer in number and more
resistant to interference than the ubiquitously
deployed 17/24 GHz BSS earth stations now
permitted in the band. Id.
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to be accounted for in any rule
modifications. We recognize, for
example, that receiving FSS and BSS
earth stations will have different
antenna performance characteristics,61
and unlike 17/24 GHz BSS earth
stations, FSS earth stations entitled to
protection from DBS feeder link earth
stations will not be ubiquitously
deployed.
Upgrades and Modifications to
Grandfathered DBS Facilities. In the 17/
24 GHz Ground Path Report and Order
the Commission grandfathered existing
DBS earth station sites and adopted a
two-pronged approach to allow existing
DBS feeder link operators to modify or
add antennas to their networks at these
sites. Under that approach, the aggregate
PFD resulting from the new or modified
operations cannot exceed the PFD
generated by the existing station
measured at any point between three
and ten meters above the ground. In
addition, any new earth station antenna
must be located within one kilometer of
an existing authorized DBS feeder link
earth station antenna. Otherwise, the
new or modified earth station is subject
to the coordination procedures in
§ 25.203(m) of our rules, which are
discussed below. We propose to retain
this grandfathered status for existing
DBS feeder link earth stations relative to
FSS receiving earth stations, and to
apply to FSS the same criteria for
permitting DBS operators to modify or
add antennas to their existing networks.
We seek comment on these proposals.
Coordination between DBS and FSS
Receiving Earth Stations. The
Commission’s rules include a
coordination methodology to permit
licensing of new DBS feeder link earth
stations in the 17.3–17.8 GHz band
while protecting co-frequency receiving
BSS earth stations in the 17.3–17.7 GHz
band. This rule requires a DBS operator
with a new or modified earth station to
complete frequency coordination with
existing and planned 17/24 GHz BSS
receive earth stations within an
established coordination zone around
its proposed site using the methodology
outlined in Appendix 7 of the ITU
Radio Regulations.62 Section 25.203(m)
61 17/24 GHz BSS receiving antennas no smaller
than 45 cm in diameter are protected from
interference only to the extent that they conform to
the criteria stated in ITU–R Recommendation
BO.1213–1. 47 CFR 25.224(a).
62 17/24 GHz Ground Path Report and Order, 32
FCC Rcd at 3710–11, paragraphs 15–17, and 47 CFR
25.203(m)(1). The ITU methodologies are described
in section 2–3 to Annex 5 of Appendix 7 of the ITU
Radio Regulations and define techniques for
calculating a coordination area around a
transmitting earth station. The methodologies make
use of additional parameters defined in Table 9b to
Annex 7, which includes the modulation type of
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of our rules contains specific parameter
values to be used in determining this
coordination zone.63 These parameters
however, were adopted based on the
characteristics of BSS receiving earth
stations, and we do not believe that they
are necessarily appropriate to use in
calculating the coordination zone
relative to receiving FSS earth stations.
Thus, we propose to modify
§ 25.203(m)(1) to include new values for
use in coordination of DBS feeder link
earth stations relative to FSS earth
stations. We seek comment on this
conclusion and on whether different
parameter values should be included in
our rules, and on what these values
should be. For example, parameters
such as the link performance margin
(Ms), receiver noise temperature (Te) and
receiving antenna gain parameters (Gm,
Gr) are specific to BSS systems.
In addition, our rules identify certain
information that applicants proposing
new DBS feeder link earth station must
provide to a third-party coordinator to
resolve any potential interference issues
with affected 17/24 GHz BSS receiving
stations prior to licensing. We believe
that the same information should also
be provided to a third-party coordinator
to enable coordination with affected
FSS receiving earth stations in the 17.3–
17.8 GHz band. Accordingly, we
propose to apply § 25.203(m)(2) to FSS
with no additional changes to the
requested information. We seek
comment on this proposal. The
requested information is as follows:
• The geographical coordinates of the
proposed earth station antenna(s);
• Proposed operating frequency
band(s) and emission(s);
• Antenna diameter (meters);
• Antenna center height above
ground and ground elevation above
mean sea level;
• Antenna gain pattern(s) in the plane
of the main beam;
• Longitude range of geostationary
satellite orbit (GSO) satellites at which
an antenna may be pointed;
• Horizon elevation plot;
• Antenna horizon gain plot(s)
determined in accordance with the
procedure in section 2.1 of Annex 5 to
Appendix 7 of the ITU Radio
Regulations;
• Minimum elevation angle;
the receiving earth station, various receiving earth
station interference parameters and criteria,
receiving earth station physical characteristics,
reference bandwidth and permissible interference
power levels.
63 47 CFR 25.203(m)(1). These parameters were
adopted in the 17/24 GHz Ground Path Report and
Order, 32 FCC Rcd at 3710–11, paragraphs 15–17,
as Table 9b of Annex 7 to Appendix 7 did not
include all the values necessary to make the
required calculations.
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• Maximum equivalent isotropically
radiated power (e.i.r.p.) density in the
main beam in any one-megahertz band;
• Maximum available RF transmit
power density in any one-megahertz
band at the input terminals of the
antenna(s); and
• A plot of the coordination distance
contour(s) and rain scatter coordination
distance contour(s) as determined by
Table 2 of section 3 to Appendix 7 of
the ITU Radio Regulations.
DBS operators needing to coordinate
with 17.3–17.8 GHz receiving FSS earth
station operations must be able to
determine those locations at which
coordination is required. Receive-only
earth stations are generally not required
to apply for a license or to be registered
with the Commission, although they
may do so in accordance with the
provisions of § 25.115(b) of our rules, to
receive interference protection from
terrestrial service in bands shared coequally with the fixed service. We seek
comment on how to facilitate
coordination with DBS operators and to
ensure protection from DBS feeder link
earth station ground path interference.
We propose that interference protection
will be afforded to individual FSS
receiving earth stations from DBS feeder
link transmissions only if they have
been licensed with the Commission, and
we propose to amend § 25.203(m)(3) of
our rules to reflect this requirement. We
seek comment on these proposals.
We propose, however, to allow
blanket licensed FSS earth stations
(other than earth stations in motion
(ESIMs)) on a non-protected basis in the
17.3–17.8 GHz band and propose to
amend § 25.115(e) to reflect this. We
seek comment on this proposal. SES
asserts that the 17.3–17.7 GHz FSS
downlink spectrum is needed to
accommodate gateway operations, while
other FSS bands would be used for
ubiquitously deployed user terminals.
SES further argues that sharing with
incumbent services in the 17.3–17.7
GHz band is feasible in part because
such gateway-type FSS earth stations
would be fewer in number and more
resistant to interference than the widelydispersed consumer terminals. Given
the already complex reverse-band
sharing situation in the band, we seek
comment on whether extending
protection to ubiquitously deployed
earth stations in yet another service
could unduly constrain incumbent
users. Commenters should discuss any
consequences that may unduly
constrain incumbent services as well as
any benefits of allowing non-protected
blanket licensed earth stations in the
17.3–17.8 GHz band.
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In its comments AT&T asserts that we
should make clear that any use of the
17.3–17.7 GHz band for FSS downlinks
would be limited to fixed earth stations.
In reply, SES argues that the
Commission should decline to prejudge
this issue at the Notice stage, but rather
should invite comment on the range of
services that can effectively be provided
by FSS in the band while remaining
consistent with reasonable requirements
to protect incumbent 17/24 GHz BSS
and DBS operations. While receiving
FSS earth stations in the 17.3–17.8 GHz
band should not pose an interference
threat to incumbent DBS, 17/24 GHz
BSS, or fixed service operations in the
band, ESIMs could unduly constrain
incumbent services if there is a
requirement to protect receiving ESIM
stations in the band.
At this time, we do not propose to
amend § 25.202(a)(8) or (10) of our rules
to permit operation of ESIMs in the
17.3–17.8 GHz band. We ask, however,
whether such a modification could
increase FSS operators’ flexibility to use
the band more efficiently, while still
protecting and allowing sufficient
flexibility for the operations of
incumbent services. If so, what other
modifications to our rules might be
required to permit operation of ESIMs
while protecting incumbent services
and not imposing any undue constraints
on their current and future operations in
the band. The U.S. Table now includes
footnotes in certain frequency bands
that expressly preclude ESIMs from
claiming protection from the
transmissions of non-Federal stations in
the fixed service.64 Would it be
reasonable, for example, to allow ESIMs
to receive FSS transmissions in the band
if they were similarly denied protection
from co-frequency DBS feeder link
transmissions? We seek comment on
this possibility, and on any
consequences that may result to
incumbent services. Commenter should
discuss any benefits and costs of
allowing ESIMs, including
consequences affecting current and
future use of the band by the incumbent
satellite and fixed services.
Finally, we ask whether there are any
other measures we should adopt in this
proceeding to protect FSS receiving
earth stations from DBS feeder link
transmissions in the 17.3–17.8 GHz
band.
Other Proposed Rule Changes
Various conforming modifications to
our rules are required as a result of the
changes proposed above. We propose to
64 See e.g., 47 CFR 2.106, nn. NG457A and
NG527A.
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modify the definition of a two-degree
compliant space station in § 25.103 to
include FSS satellites transmitting in
the 17.3–17.8 GHz band. In addition, we
propose to modify § 25.114 to identify
17.3–17.8 GHz space-to-Earth FSS
applicants alongside information
requirements applicable to such
applications, specifically in
§ 25.114(d)(7), (15) and (18). We
similarly propose to modify § 25.115(e)
to identify the information required for
receiving earth station applicants in this
band. Finally, we modify
§ 25.117(d)(2)(v) to permit 17.3–17.8
GHz FSS operators to modify certain
restrictions that might be associated
with their licenses according to the
same procedures afforded to 17/24 GHz
BSS operators. We seek comment on
these and any other needed rule
changes.
Radio Astronomy. We note that
current Part 25 rules include some rules
to coordinate with radio astronomy in
various bands. Section 25.203(f), for
example, requires any applicant for a
transmitting earth station in the vicinity
of certain radio astronomy observatory
sites, including Green Bank, West
Virginia, to notify the National Radio
Astronomy Observatory. We seek
comment on whether there is a need for
any measures, other than those in the
current rules, that the Commission
should consider with respect to radio
astronomy in the adjacent 17.2–17.3
GHz band.
Defining the Extended Ka-Band and
Creating Rules for Routine License
Application Processing in This Band
In the Part 25 Second Report and
Order, the Commission adopted
definitions for conventional and
extended C-bands, conventional and
extended Ku-bands and the
conventional Ka-band. At the same
time, the Commission extended routine
licensing processing criteria with
respect to off-axis EIRP density limits
for conventional C- and Ku-band earth
stations in § 25.218 to earth station
operations in the extended C- and Kubands. Although at that time the
Commission neither defined the
extended Ka-band nor extended routine
licensing processing criteria to any such
frequencies, we propose to do so now.
Definition of Extended Ka-band. We
propose to define the extended Ka-band
in § 25.103 as 17.3–18.3 GHz (space-toEarth), 18.8–19.4 GHz (space-to-Earth),
19.6–19.7 GHz (space-to-Earth), 27.5–
28.35 GHz (Earth-to-space) and 28.6–
29.1 GHz, (Earth-to-space). These are
frequency bands that include either
primary or secondary allocations to the
GSO FSS, apart from the conventional
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Ka-band 65 and those bands where FSS
use is limited solely to MSS feeder
links.66 We seek comment on this
proposal.
Routine License Application
Processing Criteria for Extended Kaband Earth Stations. Our current rules
contain no provisions to afford
‘‘routine’’ license application processing
to earth stations seeking to operate in
extended Ka-band frequencies.67 We
propose to extend the routine license
application processing criteria for
conventional Ka-band earth stations
contained in § 25.218(i) to extended Kaband earth stations communicating with
GSO space stations. We propose
modifications to § 25.218(a) and (j)
consistent with this approach. Routine
license application processing criteria
with respect to off-axis EIRP density
limits specified in the rules will
expedite processing of earth station
applications for these bands and are
consistent with our earlier decision to
adopt such routine processing limits for
space station transmissions in the
extended C- and Ku-bands. We seek
comment on this proposal.68
In addition, § 25.212(e) affords an
alternative approach to routine license
application processing of FSS earth
stations transmitting to GSO satellites in
the conventional Ka-band that permits
such applicants to demonstrate
compliance with off-axis gain and
accompanying input power density
levels. Accordingly, we propose to
extend this approach to earth station
applicants seeking to operate in the
extended Ka-bands by modifying
§ 25.212(e) and (h) 69 to permit such
applicants to similarly demonstrate
compliance with the off-axis gain
requirements in § 25.209(a) and (b)
combined with an input power density
limit of 3.5 dBW/MHz. We also propose
65 The conventional Ka-band includes the 18.3–
18.8 GHz (space-to-Earth), 19.7–20.2 GHz (space-toEarth), 28.35–28.6 GHz (Earth-to-space), and 29.25–
30.0 GHz (Earth-to-space) frequency bands.
66 These include the 19.4–19.6 GHz (space-toEarth) and 29.1–29.25 GHz (Earth-to-space)
frequency bands.
67 See 47 CFR 25.218 (allowing certain earth
station applications to be ‘‘routinely’’ processed in
certain frequency bands if the applicant certifies
that the aggregate off-axis EIRP density will not
exceed the off-axis EIRP density limits specified in
this rule).
68 We note that nothing in this ‘‘routine’’ license
application process proposal should be construed
as affecting or modifying any other applicable rules
and obligations, including for example the criteria
in Section 25.136 governing earth station siting
rules applicable to FSS earth stations in the 27.5–
28.35 GHz band. See 47 CFR 25.136.
69 47 CFR 25.212(h). This section addresses an
alternative rules section for earth station
applications that do not qualify for routine
licensing. It requires a consequential modification
to include reference to the extended Ka-band.
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modifications to § 25.209(a) and (b) to
extend the Ka-band off-axis antenna
gain requirements across the full 27.5–
30 GHz band, and to reference these
alternative routine license application
processing requirements in § 25.115(g),
(k), and § 25.220(a). We seek comment
on these proposals.
Procedural Matters
Initial Regulatory Flexibility Analysis
As required by the Regulatory
Flexibility Act (RFA),70 the Commission
has prepared this Initial Regulatory
Flexibility Analysis (IRFA) of the
possible significant economic impact on
small entities by the policies and rules
proposed in this Notice of Proposed
Rulemaking (NPRM). We request
written public comments on this IRFA.
Commenters must identify their
comments as responses to the IRFA and
must file the comments by the deadlines
for comments on the NPRM provided
above in section IV.B. The Commission
will send a copy of the NPRM,
including this IRFA, to the Chief
Counsel for Advocacy of the Small
Business Administration.71 In addition,
summaries of the NPRM and IRFA will
be published in the Federal Register.72
A. Need for, and Objectives of, the
Proposed Rules
The NPRM seeks comment on several
proposals relating to the Commission’s
allocation of frequency bands for use by
the Fixed-Satellite Service (FSS) and
technical rules and policies for
preventing harmful interference
between stations operating in the FixedSatellite Service and stations operating
in the Digital Broadcasting Satellite
(DBS) Service and the BroadcastingSatellite Service (BSS). Adoption of the
proposed changes would, among other
things, permit the use of the 17.3–17.8
GHz band in the space-to-Earth
direction by stations in the FixedSatellite Service.
B. Legal Basis
The proposed action is authorized
under sections 4(i), 7(a), 303(c), 303(f),
303(g), and 303(r) of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 157(a),
303(c), 303(f), 303(g), 303(r).
70 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601
et seq., has been amended by the Contract With
America Advancement Act of 1996, Public Law
104–121, Title II, 110 Stat. 847 (1996) (CWAAA).
71 See 5 U.S.C. 603(a).
72 Id.
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C. Description and Estimate of the
Number of Small Entities To Which the
Proposed Rules May Apply
The RFA directs agencies to provide
a description of, and, where feasible, an
estimate of, the number of small entities
that may be affected by adoption of
proposed rules.73 The RFA generally
defines the term ‘‘small entity’’ as
having the same meaning as the terms
‘‘small business,’’ ‘‘small organization,’’
and ‘‘small governmental
jurisdiction.’’ 74 In addition, the term
‘‘small business’’ has the same meaning
as the term ‘‘small business concern’’
under the Small Business Act.75 A small
business concern is one which: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the Small Business
Administration (SBA).76 Below, we
describe and estimate the number of
small entity licensees that may be
affected by adoption of the proposed
rules.
Satellite Telecommunications. This
category comprises firms ‘‘primarily
engaged in providing
telecommunications services to other
establishments in the
telecommunications and broadcasting
industries by forwarding and receiving
communications signals via a system of
satellites or reselling satellite
telecommunications.’’ 77 Satellite
telecommunications service providers
include satellite and earth station
operators. The category has a small
business size standard of $35 million or
less in average annual receipts, under
SBA rules.78 For this category, U.S.
Census Bureau data for 2012 show that
there were a total of 333 firms that
operated for the entire year.79 Of this
U.S.C. 604(a)(3).
U.S.C. 601(6).
75 5 U.S.C. 601(3) (incorporating by reference the
definition of ‘‘small business concern’’ in 15 U.S.C.
632). Pursuant to the RFA, the statutory definition
of a small business applies ‘‘unless an agency, after
consultation with the Office of Advocacy of the
Small Business Administration and after
opportunity for public comment, establishes one or
more definitions of such term which are
appropriate to the activities of the agency and
publishes such definition(s) in the Federal
Register.’’ 5 U.S.C. 601(3).
76 Small Business Act, 15 U.S.C. 632 (1996).
77 See U.S. Census Bureau, 2017 NAICS
Definition, ‘‘517410 Satellite Telecommunications’’,
https://www.census.gov/cgi-bin/sssd/naics/
naicsrch?input=517410&search=2017+NAICS+
Search&search=2017.
78 See 13 CFR 121.201, NAICS Code 517410.
79 See U.S. Census Bureau, 2012 Economic
Census of the United States, Table ID:
EC1251SSSZ4, Information: Subject Series—Estab
and Firm Size: Receipts Size of Firms for the U.S.:
2012, NAICS Code 517410, https://data.census.gov/
cedsci/table?text=EC1251SSSZ4&n=
total, 299 firms had annual receipts of
less than $25 million.80 Consequently,
we estimate that the majority of satellite
telecommunications providers are small
entities.
All Other Telecommunications. The
‘‘All Other Telecommunications’’
category is comprised of establishments
primarily engaged in providing
specialized telecommunications
services, such as satellite tracking,
communications telemetry, and radar
station operation.81 This industry also
includes establishments primarily
engaged in providing satellite terminal
stations and associated facilities
connected with one or more terrestrial
systems and capable of transmitting
telecommunications to, and receiving
telecommunications from, satellite
systems.82 Establishments providing
internet services or voice over internet
protocol (VoIP) services via clientsupplied telecommunications
connections are also included in this
industry.83 The SBA has developed a
small business size standard for ‘‘All
Other Telecommunications’’, which
consists of all such firms with annual
receipts of $35 million or less.84 For this
category, U.S. Census Bureau data for
2012 show that there were 1,442 firms
that operated for the entire year.85 Of
those firms, a total of 1,400 had annual
receipts less than $25 million and 15
firms had annual receipts of $25 million
to $49,999,999.86 Thus, the Commission
estimates that the majority of ‘‘All Other
Telecommunications’’ firms potentially
affected by our action can be considered
small.
We anticipate that our proposed rule
changes may have an impact on earth
station and space station applicants and
licensees. Space station applicants and
licensees, however, rarely qualify under
the definition of a small entity.
73 5
74 5
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517410&tid=ECNSIZE2012.
EC1251SSSZ4&hidePreview=false&vintage=2012.
80 Id. The available U.S. Census Bureau data does
not provide a more precise estimate of the number
of firms that meet the SBA size standard.
81 See U.S. Census Bureau, 2017 NAICS
Definition, ‘‘517919 All Other
Telecommunications’’, https://www.census.gov/cgibin/sssd/naics/naicsrch?input=517919&search=
2017+NAICS+Search&search=2017.
82 Id.
83 Id.
84 See 13 CFR 121.201, NAICS Code 517919.
85 See U.S. Census Bureau, 2012 Economic
Census of the United States, Table ID:
EC1251SSSZ4, Information: Subject Series—Estab
and Firm Size: Receipts Size of Firms for the U.S.:
2012, NAICS Code 517919, https://data.census.gov/
cedsci/table?text=EC1251SSSZ4
&n=517919&tid=ECNSIZE2012.EC1251SSSZ4&
hidePreview=false.
86 Id. The available U.S. Census Bureau data does
not provide a more precise estimate of the number
of firms that meet the SBA size standard of annual
receipts of $35 million or less.
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Generally, space stations cost hundreds
of millions of dollars to construct,
launch, and operate. Consequently, we
do not anticipate that any space station
operators are small entities that would
be affected by our proposed actions.
D. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements for Small Entities
The NPRM proposes and seeks
comment on several rule changes that
would affect compliance requirements
for space station operators. As noted
above, these parties rarely qualify as
small entities.
For example, we propose to allow
additional uses of the 17.3–17.8 GHz
band, subject to compliance with
technical limits designed to protect
other users of the bands.
In total, the proposals and questions
in the NPRM are designed to achieve the
Commission’s mandate to regulate in
the public interest while imposing the
lowest necessary burden on all affected
parties, including small entities.
E. Steps Taken To Minimize Significant
Economic Impact on Small Entities, and
Significant Alternatives Considered
The RFA requires an agency to
describe any significant, specifically
small business, alternatives that it has
considered in reaching its proposed
approach, which may include the
following four alternatives (among
others): ‘‘(1) the establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance and reporting requirements
under the rules for such small entities;
(3) the use of performance rather than
design standards; and (4) an exemption
from coverage of the rule, or any part
thereof, for such small entities.’’ 87
87 5
U.S.C. 603(c)(1)–(4).
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The NPRM seeks comment from all
interested parties. The Commission is
aware that some of the proposals under
consideration may impact small entities.
Small entities are encouraged to bring to
the Commission’s attention any specific
concerns they may have with the
proposals outlined in the NPRM.
The Commission expects to consider
the economic impact on small entities,
as identified in comments filed in
response to the NPRM, in reaching its
final conclusions and taking action in
this proceeding.
In this NPRM, the Commission invites
comment on adding an allocation in the
17.3–17.8 GHz band to permit the use of
the band by the Fixed-Satellite Service
in the space-to-Earth direction, along
with technical rules to prevent harmful
interference between the FSS, DBS, and
BSS. Overall, the proposals in the
NPRM seek to increase the use of the
17.3–17.8 GHz band by satellite services
while maintaining adequate protections
against interference.
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
None.
Ordering clauses
Accordingly, it is ordered that,
pursuant to Sections 4(i), 7(a), 303(c),
303(f), 303(g), and 303(r) of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 157(a),
303(c), 303(f), 303(g), 303(r), this Notice
of Proposed Rulemaking is hereby
adopted.
It is further ordered that the Petition
for Rulemaking filed by SES in the
Commission’s rulemaking proceeding
RM–11839 is granted to the extent
specified herein, that RM–11839 is
incorporated into this proceeding, IB
Docket No. 20–330, and that RM–11839
is terminated.
It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center will send a copy of
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this Notice of Proposed Rulemaking,
including the initial regulatory
flexibility analysis, to the Chief Counsel
for Advocacy of the Small Business
Administration, in accordance with
Section 603(a) of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq.
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.
Proposed Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 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. Revise page 52;
■ b. In the list of United States (US)
Footnotes, remove footnote US271 and
revise footnote US402; and
■ c. In the list of Non-Federal
Government (NG) Footnotes, add
footnote NG58 and remove footnote
NG163.
The additions and revisions read as
follows:
■
§ 2.106
*
*
Table of Frequency Allocations.
*
*
BILLING CODE 6712–01–P
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*
*
*
*
*
United States (US) Footnotes
*
*
*
*
*
US402 In the band 17.3–17.7 GHz,
existing Federal satellites and associated
earth stations in the fixed-satellite
service (Earth-to-space) are authorized
to operate on a primary basis in the
frequency bands and areas listed below.
Non-Federal receiving earth stations in
the broadcasting-satellite and fixedsatellite services within the bands and
areas listed below shall not claim
protection from Federal earth stations in
the fixed-satellite service.
(a) 17.600–17.700 GHz for stations
within a 120 km radius of 38°49′ N
latitude and 76°52′ W longitude.
(b) 17.375–17.475 GHz for stations
within a 160 km radius of 39°42′ N
latitude and 104°45′ W longitude.
*
*
*
*
*
Non-Federal Government (NG)
Footnotes
§ 25.114 Applications for space station
authorizations.
*
*
*
*
*
NG58 In the band 17.3–17.8 GHz, the
following provisions shall apply to the
broadcasting-satellite and fixed-satellite
services:
(a) The use of the band 17.3–17.8 GHz
by the broadcasting-satellite and fixedsatellite (space-to-Earth) services is
limited to geostationary satellites.
(b) The use of the 17.7–17.8 GHz band
by the broadcasting-satellite service is
limited to receiving earth stations
located outside of the United States and
its insular areas.
(c) The use of the band 17.3–17.8 GHz
by the fixed-satellite service (Earth-tospace) is limited to feeder links for
broadcasting-satellite service.
(d) Earth stations in the fixed-satellite
service (space-to-Earth) in the 17.7–17.8
GHz band shall not claim protection
from stations in the fixed service that
operate in that band.
*
*
*
*
*
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 adding, in
alphabetical order, a definition for
‘‘Extended Ka-Band’’ and revising the
definition of ‘‘Two-degree-compliant
space station’’ to read as follows:
■
§ 25.103
Definitions.
*
*
*
*
*
Extended Ka-band. The 17.3–18.3
GHz (space-to-Earth), 18.8–19.4 GHz
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(space-to-Earth), 19.6–19.7 GHz (spaceto-Earth), 27.5–28.35 GHz (Earth-tospace), and 28.6–29.1 GHz (Earth-tospace) FSS frequency bands.
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Two-degree-compliant space station.
A GSO FSS space station operating in
the conventional or extended C-bands,
the conventional or extended Ku-bands,
the 24.75–25.25 GHz band, or the
conventional or extended Ka-bands
within the limits on downlink EIRP
density or PFD specified in
§ 25.140(a)(3) or (b)(3) and
communicating only with earth stations
operating in conformance with routine
uplink parameters specified in
§ 25.211(d), § 25.212(c), (d), or (f), or
§ 25.218.
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■ 5. Amend § 25.114 by revising
paragraphs (d)(7), (15) and (18) to read
as follows:
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(d) * * *
(7) Applicants for authorizations for
space stations in the Fixed-Satellite
Service, including applicants proposing
feeder links for space stations operating
in the 17/24 GHz Broadcasting-Satellite
Service, must also include the
information specified in § 25.140(a).
Applicants for authorizations for space
stations in the 17/24 GHz BroadcastingSatellite Service or applicants seeking
authorization for FSS space stations
transmitting in the 17.3–17.8 GHz band
(space-to-Earth), must also include the
information specified in § 25.140(b);
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(15) Each applicant for a space station
license in the 17/24 GHz BroadcastingSatellite Service or the FSS transmitting
in the 17.3–17.8 GHz band, shall
include the following information as an
attachment to its application:
(i) If the applicant proposes to operate
in the 17.3–17.8 GHz band, a
demonstration that the proposed space
station will comply with the applicable
power flux density limits in
§ 25.140(a)(3)(iii) or (b)(3) unless the
applicant provides a certification under
paragraph (d)(15)(ii) of this section.
(ii) In cases where the proposed space
station will not comply with the
applicable power flux density limits set
forth in § 25.140(a)(3)(iii) or (b)(3), the
applicant will be required to provide a
certification that all potentially affected
parties acknowledge and do not object
to the use of the applicant’s higher
power flux densities. The affected
parties with whom the applicant must
coordinate are those GSO 17/24 GHz
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BSS satellite networks or FSS satellite
networks with space stations
transmitting in the 17.3–17.8 GHz band
that are located up to ±6° away.
Excesses of more than 3 dB above the
applicable power flux density levels
specified in § 25.140(a)(3)(iii) or (b)(3),
must also be coordinated with 17/24
GHz BSS satellite networks located up
to ±10° away.
(iii) Any information required by
§ 25.264(a)(6), (b)(4), or (d).
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(18) For space stations in the Direct
Broadcast Satellite service, the 17/24
GHz Broadcasting-Satellite Service, or
FSS space stations transmitting in the
17.3–17.8 GHz band, maximum orbital
eccentricity.
■ 6. Amend § 25.115 by revising
paragraphs (e), (g) and (k)(1) to read as
follows:
§ 25.115 Applications for earth station
authorizations.
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(e) GSO FSS earth stations in 17.3–30
GHz. (1) An application for a GSO FSS
earth station license in the 17.3–19.4
GHz, 19.6–20.2 GHz, 27.5–29.1 GHz, or
29.25–30 GHz bands not filed on FCC
Form 312EZ pursuant to paragraph
(a)(2) of this section must be filed on
FCC Form 312, Main Form and
Schedule B, and must include any
information required by paragraphs
(a)(5) through (10) or (g) or (j) of this
section.
(2) Individual or blanket license
applications may be filed for operation
in the 17.3–17.8 GHz band; however,
blanket licensed earth stations shall
operate on an unprotected basis with
respect to DBS feeder link earth stations.
All receiving FSS earth stations shall
operate on an unprotected basis with
respect to the Fixed Service in the 17.7–
17.8 GHz band.
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(g) Applications for earth stations that
will transmit to GSO space stations in
any portion of the 5850–6725 MHz,
13.75–14.5 GHz, 24.75–25.25 GHz,
27.5–29.1 GHz, or 29.25–30.0 GHz
bands must include, in addition to the
particulars of operation identified on
FCC Form 312 and associated Schedule
B, the information specified in either
paragraph (g)(1) or (2) of this section for
each earth station antenna type.
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(k)(1) Applicants for FSS earth
stations that qualify for routine
processing in the conventional or
extended C-bands, the conventional or
extended Ku-bands, the conventional or
extended Ka-bands, or the 24.75–25.25
GHz band, including ESV applications
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filed pursuant to paragraph (m)(1) or
(n)(1) of this section, VMES applications
filed pursuant to paragraph (m)(1) or
(n)(1) of this section, and ESAA
applications filed pursuant to paragraph
(m)(1) or (n)(1) of this section, may
designate the Permitted Space Station
List as a point of communication. Once
such an application is granted, the earth
station operator may communicate with
any space station on the Permitted
Space Station List, provided that the
operation is consistent with the
technical parameters and conditions in
the earth station license and any
limitations placed on the space station
authorization or noted in the Permitted
Space Station List.
(2) Notwithstanding paragraph (k)(1)
of this section, an earth station that
would receive signals in the 17.7–20.2
GHz band may not communicate with a
space station on the Permitted Space
Station List in that band until the space
station operator has completed
coordination under Footnote US334 to
§ 2.106 of this chapter.
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■ 7. Amend § 25.117 by revising
paragraph (d)(2)(v) to read as follows:
§ 25.117
Modification of station license.
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(d) * * *
(2) * * *
(v) Any operator of a space station
transmitting in the 17.3–17.8 GHz band,
whose license is conditioned to operate
at less than the power level otherwise
permitted by § 25.140(a)(3)(iii) and/or
(b)(3), and is conditioned to accept
interference from a neighboring 17/24
GHz BSS space station, may file a
modification application to remove
those two conditions in the event that
the license for that neighboring space
station is cancelled or surrendered. In
the event that two or more such
modification applications are filed, and
those applications are mutually
exclusive, the modification applications
will be considered on a first-come, firstserved basis pursuant to the procedure
set forth in § 25.158.
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■ 8. Amend § 25.140 by revising
paragraphs (a)(2), (a)(3)(iii), (b)(3)
through (5), and (d) introductory text to
read as follows:
§ 25.140 Further requirements for license
applications for GSO space station
operation in the FSS and the 17/24 GHz
BSS.
(a) * * *
(2) In addition to the information
required by § 25.114, an applicant for
GSO FSS space station operation,
including applicants proposing feeder
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links for space stations operating in the
17/24 GHz BSS, that will be located at
an orbital location less than two degrees
from the assigned location of an
authorized co-frequency GSO space
station, must either certify that the
proposed operation has been
coordinated with the operator of the cofrequency space station or submit an
interference analysis demonstrating the
compatibility of the proposed system
with the co-frequency space station.
Such an analysis must include, for each
type of radio frequency carrier, the link
noise budget, modulation parameters,
and overall link performance analysis.
(See Appendices B and C to Licensing
of Space Stations in the Domestic FixedSatellite Service, FCC 83–184, and the
following public notices, copies of
which are available in the Commission’s
EDOCS database, available at https://
www.fcc.gov/edocs: DA 03–3863 and
DA 04–1708.) The provisions in this
paragraph do not apply to proposed
analog video operation, which is subject
to the requirement in paragraph (a)(1) of
this section. Proposed GSO FSS spaceto-Earth transmissions in the 17.3–17.8
GHz band are subject to the
requirements of paragraphs (b)(4) and
(5) of this section with respect to
possible interference into 17/24 GHz
BSS networks. Proposed GSO FSS
space-to-Earth transmissions in the
17.3–17.8 GHz band are subject to the
requirements of § 25.264 with respect to
possible interference to the reception of
DBS feeder link transmissions (Earth-tospace) in this band.
(3) * * *
(iii) With respect to proposed
operation in the conventional or
extended Ka-bands, a certification that
the proposed space station will not
generate power flux density at the
Earth’s surface in excess of the limits in
paragraphs (a)(iii)(A) and (B) of this
section, and that associated uplink
operation will not exceed applicable
EIRP density envelopes in § 25.218(i)
unless the non-routine uplink and/or
downlink operation is coordinated with
operators of authorized co-frequency
space stations at assigned locations
within six degrees of the orbital location
and except as provided in paragraph (d)
of this section.
(A) ¥118 dBW/m2/MHz, except as
provided in paragraph (a)(iii)(B) of this
section.
(B) For space-to-Earth FSS
transmissions in the 17.3–18.8 GHz
band in the region of the contiguous
United States, located west of 100 West
Longitude: ¥121 dBW/m2/MHz.
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(b) * * *
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(3) An applicant for a license to
operate a 17/24 GHz BSS space station
transmitting in the 17.3–17.8 GHz band
must certify that the downlink power
flux density on the Earth’s surface will
not exceed the regional power flux
density limits given in paragraphs
(b)(3)(i) through (iv) of this section, or
must provide the certification specified
in § 25.114(d)(15)(ii):
(i) In the region of the contiguous
United States, located south of 38°
North Latitude and east of 100° West
Longitude: ¥115 dBW/m2/MHz.
(ii) In the region of the contiguous
United States, located north of 38°
North Latitude and east of 100° West
Longitude: ¥118 dBW/m2/MHz.
(iii) In the region of the contiguous
United States, located west of 100° West
Longitude: ¥121 dBW/m2/MHz.
(iv) For all regions outside of the
contiguous United States including
Alaska and Hawaii: ¥115 dBW/m2/
MHz.
(4) Except among applicants for FSS
space-to-Earth transmissions in the
17.3–17.8 GHz band, where the
requirements of paragraph (a)(2) of this
section apply, a 17/24 GHz BSS or FSS
applicant for a space station
transmitting in the 17.3–17.8 GHz band
to be located less than four degrees from
a previously authorized or proposed
space station transmitting in the 17.3–
17.8 GHz band, must either certify that
the proposed operation has been
coordinated with the operator of the cofrequency space station or provide an
interference analysis of the kind
described in paragraph (a) of this
section, except that the applicant must
demonstrate that its proposed network
will not cause more interference to the
adjacent space station transmitting in
the 17.3–17.8 GHz band operating in
compliance with the technical
requirements of this part, than if the
applicant were located at an orbital
separation of four degrees from the
previously licensed or proposed space
station.
(5) In addition to the requirements of
paragraphs (b)(3) and (4) of this section,
the link budget for any satellite
transmitting in the 17.3–17.8 GHz band
(space-to-Earth) must take into account
longitudinal station-keeping tolerances.
Any applicant for a space station
transmitting in the 17.3–17.8 GHz band
that has reached a coordination
agreement with an operator of another
space station to allow that operator to
exceed the pfd levels specified in
§ 25.140(a)(3)(iii) or (b)(3), must use
those higher pfd levels for the purpose
of this showing.
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(d) An operator of a GSO FSS space
station in the conventional or extended
C-bands, conventional or extended Kubands, 24.75–25.25 GHz band (Earth-tospace), or conventional or extended Kabands may notify the Commission of its
non-routine transmission levels and be
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relieved of the obligation to coordinate
such levels with later applicants and
petitioners.
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■ 9. Amend § 25.203 by revising Table
1 to paragraph (m)(1) and paragraph
(m)(3) to read as follows:
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Choice of sites and frequencies.
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(1) * * *
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(3) Each applicant for such new or
modified feeder-link earth stations shall
file with its application memoranda of
coordination with each co-frequency
licensee authorized to construct BSS
receive earth stations or an individually
licensed FSS receive earth station
within the coordination zone. Feeder
link earth station applicants are not
required to complete coordination with
blanket-licensed receiving FSS earth
stations in the 17.3–17.8 GHz band.
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§ 25.208
[Amended]
10. Amend § 25.208 by removing and
reserving paragraph (w).
■ 11. Amend § 25.209 by revising the
introductory text of paragraphs (a)(1),
(3) and (4), and (6), and (b)(1) through
(3) to read as follows:
■
§ 25.209 Earth station antenna
performance standards.
(a) * * *
(1) In the plane tangent to the GSO
arc, as defined in § 25.103, for earth
stations not operating in the
conventional Ku-band, the 24.75–25.25
GHz band, or the 27.5–30 GHz band:
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(3) In the plane tangent to the GSO
arc, for earth stations operating in the
24.75–25.25 GHz or 27.5–30 GHz bands:
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(4) In the plane perpendicular to the
GSO arc, as defined in § 25.103, for
earth stations not operating in the
conventional Ku-band, the 24.75–25.25
GHz band, or the 27.5–30 GHz band:
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(6) In the plane perpendicular to the
GSO arc, for earth stations operating in
the 24.75–25.25 GHz or 27.5–30 GHz
bands:
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(b) * * *
(1) In the plane tangent to the GSO
arc, for earth stations not operating in
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the 24.75–25.25 GHz or 27.5–30 GHz
bands:
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(2) In the plane perpendicular to the
GSO arc, for earth stations not operating
in the 24.75–25.25 GHz or 27.5–30 GHz
bands:
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(3) In the plane tangent to the GSO arc
or in the plane perpendicular to the
GSO arc, for earth stations operating in
the 24.75–25.25 GHz or 27.5–30 GHz
bands:
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■ 12. Amend § 25.210 by revising
paragraph (f) to read as follows:
§ 25.210 Technical requirements for space
stations.
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(f) All space stations in the FixedSatellite Service operating in any
portion of the 3600–4200 MHz, 5091–
5250 MHz, 5850–7025 MHz, 10.7–12.7
GHz, 12.75–13.25 GHz, 13.75–14.5 GHz,
15.43–15.63 GHz, 17.3–17.8 GHz (spaceto-Earth), 18.3–20.2 GHz, 24.75–25.25
GHz, or 27.5–30.0 GHz bands, including
feeder links for other space services, and
in the Broadcasting-Satellite Service in
the 17.3–17.8 GHz band (space-toEarth), shall employ state-of-the-art full
frequency reuse, either through the use
of orthogonal polarizations within the
same beam and/or the use of spatially
independent beams. This requirement
does not apply to telemetry, tracking,
and command operation.
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■ 13. Amend § 25.212 by revising
paragraphs (e) and (h) to read as follows:
§ 25.212 Narrowband analog
transmissions and digital transmissions in
the GSO FSS.
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(e) An earth station may be routinely
licensed for digital transmission in the
conventional or extended Ka-bands if
the input power spectral density into
the antenna will not exceed 3.5 dBW/
MHz and the application includes
certification pursuant to § 25.132(a)(1)
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of conformance with the antenna gain
performance requirements in § 25.209(a)
and (b).
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(h) Applications for authority for
fixed earth station operation in the
conventional C-band, the extended Cband, the conventional Ku-band, the
extended Ku-band, the conventional Kaband or the extended Ka-band that do
not qualify for routine processing under
relevant criteria in this § 25.211 or
25.218 are subject to the requirements in
§ 25.220.
■ 14. Amend § 25.218 by:
■ a. Revising paragraph (a);
■ b. Adding a heading for paragraph (b);
■ c. Revising paragraphs (i) and (j).
The revisions and addition read as
follows:
§ 25.218 Off-axis EIRP density envelopes
for FSS earth stations transmitting in
certain frequency bands.
(a) Applicability. 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, extended
Ka-band, or 24.75–25.25 GHz, and
applications for ESIMs transmitting in
the conventional C-band, conventional
Ku-band, 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.
(b) Routine Processing. * * *
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(i) Digital earth station operation in
the conventional or extended Ka-band.
(1) For co-polarized transmissions in the
plane tangent to the GSO arc:
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(j) Non-Qualifying Applications.
Applications for authority for fixed
earth station operation in the
conventional C-band, extended C-band,
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conventional Ku-band, extended Kuband, conventional Ka-band, extended
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.
■ 15. Amend § 25.220 by revising
paragraph (a) to read as follows:
§ 25.220 Non-routine transmit/receive
earth station operations.
(a) The requirements in this section
apply to applications for, and operation
of, earth stations transmitting in the
conventional or extended C-bands, the
conventional or extended Ku-bands, or
the conventional or extended Ka-bands
that do not qualify for routine licensing
under relevant criteria in §§ 25.211,
25.212, or 25.218.
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■ 16. Revise § 25.262 to read as follows:
§ 25.262 Licensing and domestic
coordination requirements for 17/24 GHz
BSS space stations and FSS space stations
transmitting in the 17.3–17.8 GHz band.
(a) A 17/24 GHz BSS or FSS applicant
seeking to transmit in the 17.3–17.8 GHz
band may be authorized to operate a
space station at levels up to the
maximum power flux density limits
defined below without coordinating its
power flux density levels with adjacent
licensed or permitted operators, as
follows:
(i) For 17/24 GHz BSS applicants, up
to the power flux density levels
specified in § 25.140(b)(3) only if there
is no licensed space station, or priorfiled application for a space station
transmitting in the 17.3–17.8 GHz band
at a location less than four degrees from
the orbital location at which the
applicant proposes to operate; and
(ii) For FSS space station applicants
transmitting in the 17.3–17.8 GHz band,
up to the maximum power flux density
levels in § 25.140(a)(3)(iii), only if there
is no licensed 17/24 GHz BSS space
station, or prior-filed application for a
17/24 GHz BSS space station, at a
location less than four degrees from the
orbital location at which the FSS
applicant proposes to operate, and there
is no licensed FSS space station, or
prior-filed application for an FSS space
station transmitting in the 17.3–17.8
GHz band, at a location less than two
degrees from the orbital location at
which the applicant proposes to
operate.
(b) Any U.S. licensee or permittee
authorized to transmit in the 17.3–17.8
GHz band that does not comply with the
applicable power flux-density limits set
forth in §§ 25.140(a)(3)(iii) and/or
25.140(b)(3) shall bear the burden of
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coordinating with any future cofrequency licensees and permittees of a
space station transmitting in the 17.3–
17.8 GHz band as required in
§ 25.114(d)(15)(ii).
(c) If no good faith agreement can be
reached, the operator of the FSS space
station transmitting in the 17.3–17.8
GHz band that does not comply with
§ 25.140(a)(3)(iii) or the operator of the
17/24 GHz BSS space station that does
not comply with § 25.140(b)(3), shall
reduce its power flux-density levels to
be compliant with those specified in
§§ 25.140(a)(3)(iii) and/or 25.140(b)(3)
as appropriate.
(d) Any U.S. licensee or permittee of
a space station transmitting in the 17.3–
17.8 GHz band that is required to
provide information in its application
pursuant to § 25.140(a)(2) or (b)(4) must
accept any increased interference that
may result from adjacent space stations
transmitting in the 17.3–17.8 GHz band
that are operating in compliance with
the rules for such space stations
specified in §§ 25.140(a) and (b),
25.202(a)(9), and (e) through (g),
25.210(i) through (j), 25.224, 25.262,
25.264(h), and 25.273(a)(3).
(e) Notwithstanding the provisions of
this sections, licensees and permittees
will be allowed to apply for a license or
authorization for a replacement satellite
that will be operated at the same power
level and interference protection as the
satellite to be replaced.
■ 17. Amend § 25.264 by revising the
section heading and paragraphs (a)
introductory text, (a)(1) and (2), and (6),
(b) introductory text, (b)(2) introductory
text, (b)(2)(ii), (b)(3) and (4), (c), (d)
introductory text, (d)(1)(ii), (d)(2)
introductory text, (e) introductory text,
(e)(1) introductory text, (e)(2)
introductory text, (e)(3), (f) introductory
text, (f)(2), (g), (h) introductory text, and
(i) introductory text to read as follows:
§ 25.264 Requirements to facilitate
reverse-band operation in the 17.3–17.8
GHz Band.
(a) Each applicant or licensee for a
space station transmitting in the 17.3–
17.8 GHz band must submit a series of
tables or graphs containing predicted
off-axis gain data for each antenna that
will transmit in any portion of the 17.3–
17.8 GHz band, in accordance with the
following specifications. Using a
Cartesian coordinate system wherein the
X axis is tangent to the geostationary
orbital arc with the positive direction
pointing east, i.e., in the direction of
travel of the satellite; the Y axis is
parallel to a line passing through the
geographic north and south poles of the
Earth, with the positive direction
pointing south; and the Z axis passes
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through the satellite and the center of
the Earth, with the positive direction
pointing toward the Earth, the applicant
or licensee must provide the predicted
transmitting antenna off-axis antenna
gain information:
(1) In the X–Z plane, i.e., the plane of
the geostationary orbit, over a range of
±10 degrees from the positive and
negative X axes in increments of 5
degrees or less.
(2) In planes rotated from the X–Z
plane about the Z axis, over a range of
±20 degrees relative to the equatorial
plane, in increments of 10 degrees or
less.
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(6) The predictive gain information
must be submitted to the Commission
for each license application that is filed
for a space station transmitting in any
portion of the 17.3–18.8 GHz band no
later than two years after license grant
for the space station.
(b) A space station applicant or
licensee transmitting in any portion of
the 17.3–17.8 GHz band must submit
power flux density (pfd) calculations
based on the predicted gain data
submitted in accordance with paragraph
(a) of this section, as follows:
(1) * * *
(2) The calculations must take into
account the aggregate pfd levels at the
DBS receiver at each measurement
frequency arising from all antenna
beams on the space station transmitting
in the 17.3–17.8 GHz band. They must
also take into account the maximum
permitted longitudinal station-keeping
tolerance, orbital inclination and orbital
eccentricity of both the space station
transmitting in the 17.3–17.8 GHz band
and DBS space stations, and must:
(i) * * *
(ii) Indicate the extent to which the
calculated pfd of the space station’s
transmissions in the 17.3–17.8 GHz
band exceed the threshold pfd level of
¥117 dBW/m2/100 kHz at those priorfiled U.S. DBS space station locations.
(3) If the calculated pfd exceeds the
threshold level of ¥117 dBW/m2/100
kHz at the location of any prior-filed
U.S. DBS space station, the applicant or
licensee must also provide with the pfd
calculations a certification that all
affected DBS operators acknowledge
and do not object to such higher off-axis
pfd levels. No such certification is
required in cases where the frequencies
assigned to the DBS and to the space
station transmitting in the 17.3–17.8
GHz band do not overlap.
(4) The information and any
certification required by paragraph (b) of
this section must be submitted to the
Commission for each license application
E:\FR\FM\01FEP1.SGM
01FEP1
Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules
that is filed for a space station
transmitting in any portion of the 17.3–
17.8 GHz band no later than two years
after license grant for the space station.
(c) No later than two months prior to
launch, each licensee of a space station
transmitting in any portion of the 17.3–
17.8 GHz band must update the
predicted transmitting antenna off-axis
gain information provided in
accordance with paragraph (a) of this
section by submitting measured
transmitting antenna off-axis gain
information over the angular ranges,
measurement frequencies and
polarizations specified in paragraphs
(a)(1) through (5) of this section. The
transmitting antenna off-axis gain
information should be measured under
conditions as close to flight
configuration as possible.
(d) No later than two months prior to
launch, or when applying for authority
to change the location of a space station
transmitting in any portion of the 17.3–
17.8 GHz band that is already in orbit,
each such space station licensee must
provide pfd calculations based on the
measured off-axis gain data submitted in
accordance with paragraph (c) of this
section, as follows:
(1) * * *
(ii) At the location of any
subsequently filed U.S. DBS space
station where the pfd level in the 17.3–
17.8 GHz band calculated on the basis
of measured gain data exceeds ¥117
dBW/m2/100 kHz. In this rule, the term
‘‘subsequently filed U.S. DBS space
station’’ refers to any co-frequency
Direct Broadcast Satellite service space
station proposed in a license application
filed with the Commission after the
operator of a space station transmitting
in any portion of the 17.3–17.8 GHz
band submitted the predicted data
required by paragraphs (a) through (b) of
this section but before submission of the
measured data required by this
paragraph. Subsequently filed U.S. DBS
space stations may include foreignlicensed DBS space stations seeking
authority to serve the United States
market. The term does not include any
applications (or authorizations) that
have been denied, dismissed, or are
otherwise no longer valid, nor does it
include foreign-licensed DBS space
stations that have not filed applications
with the Commission for market access
in the United States.
(2) The pfd calculations must take
into account the maximum permitted
longitudinal station-keeping tolerance,
orbital inclination and orbital
eccentricity of both the transmitting
17.3–17.8 GHz and DBS space stations,
and must:
*
*
*
*
*
VerDate Sep<11>2014
16:45 Jan 29, 2021
Jkt 253001
(e) If the aggregate pfd level calculated
from the measured data submitted in
accordance with paragraph (d) of this
section is in excess of the threshold pfd
level of ¥117 dBW/m2/100 kHz:
(1) At the location of any prior-filed
U.S. DBS space station as defined in
paragraph (b)(1) of this section, then the
operator of the space station
transmitting in any portion of the 17.3–
17.8 GHz band must either:
*
*
*
*
*
(2) At the location of any
subsequently filed U.S. DBS space
station as defined in paragraph (d)(1) of
this section, where the aggregate pfd
level submitted in accordance with
paragraph (d) of this section is also in
excess of the pfd level calculated on the
basis of the predicted data submitted in
accordance with paragraph (a) of this
section that were on file with the
Commission at the time the DBS space
station application was filed, then the
operator of the space station
transmitting in the 17.3–17.8 GHz band
must either:
*
*
*
*
*
(3) No coordination or adjustment of
operating parameters is required in
cases where there is no overlap in
frequencies assigned to the DBS and the
space station transmitting in the 17.3–
17.8 GH band.
(f) The applicant or licensee for the
space station transmitting in the 17.3–
17.8 GHz band must modify its license,
or amend its application, as appropriate,
based upon new information:
(1) * * *
(2) If the operator of the space station
transmitting in the 17.3–17.8 GHz band
adjusts its operating parameters in
accordance with paragraphs (e)(1)(ii) or
(e)(2)(ii) or this section.
(g) Absent an explicit agreement
between operators to permit more
closely spaced operations, U.S.
authorized 17/24 GHz BSS or FSS space
stations transmitting in the 17.3–17.8
GHz band and U.S. authorized DBS
space stations with co-frequency
assignments may not be licensed to
operate at locations separated by less
than 0.5 degrees in orbital longitude.
(h) All operational space stations
transmitting in the 17.3–17.8 GHz band
must be maintained in geostationary
orbits that:
*
*
*
*
*
(i) U.S. authorized DBS networks may
claim protection from space path
interference arising from the reverseband operations of U.S. authorized
space stations transmitting in the 17.3–
17.8 GHz band to the extent that the
DBS space station operates within the
bounds of inclination and eccentricity
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
7681
listed below. When the geostationary
orbit of the DBS space station exceeds
these bounds on inclination and
eccentricity, it may not claim protection
from any additional space path
interference arising as a result of its
inclined or eccentric operations and
may only claim protection as if it were
operating within the bounds listed
below:
*
*
*
*
*
[FR Doc. 2021–00047 Filed 1–29–21; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CG Docket Nos. 13–24, 03–123, and 10–
51; FCC 20–132; FRS 17392]
Captioned Telephone Services Quality
Metrics
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the Federal
Communications Commission (FCC or
Commission) proposes to amend the
mandatory minimum standards
applicable to internet Protocol
Captioned Telephone Service (IP CTS)
and Captioned Telephone Service (CTS)
to include metrics for accuracy and
caption delay and to define how testing
and measurement of IP CTS and CTS
provider performance should be
conducted.
SUMMARY:
Comments are due March 3,
2021; reply comments are due April 2,
2021.
ADDRESSES: You may submit comments,
identified by CG Docket Nos. 13–24, 03–
123, and 10–51, by either of the
following methods:
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing the Commission’s Electronic
Filing System (ECFS): https://
www.fcc.gov/ecfs/filings. Filers should
follow the instructions provided on the
website for submitting comments. For
ECFS filers, in completing the
transmittal screen, filers should include
their full name, U.S. Postal service
mailing address, and CG Docket Nos.
13–24, 03–123, and 10–51.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
each additional docket or rulemaking
number. Filings can be sent by hand or
DATES:
E:\FR\FM\01FEP1.SGM
01FEP1
]]>Agencies
[Federal Register Volume 86, Number 19 (Monday, February 1, 2021)]
[Proposed Rules]
[Pages 7660-7681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00047]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 25
[IB Docket No. 20-330; FCC 20-158; FR ID 17347]
Commission Rules To Enable GSO Fixed-Satellite Service (Space-to-
Earth) Operations in the 17.3-17.8 GHz Band, To Modernize Certain Rules
Applicable to 17/24 GHz BSS Space Stations, and To Establish Off-Axis
Uplink Power Limits for Extended Ka-Band FSS Operations
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission (FCC)
proposes to permit geostationary satellite orbit (GSO) space station in
the fixed-satellite service (FSS) to operate downlinks (space-to-Earth)
in the 17.3-17.8 GHz frequency band, subject to certain limitations,
and also proposes related technical updates to its rules governing the
FSS and the Broadcasting-Satellite Service to prevent harmful
interference.
DATES: Comments are due March 3, 2021. Reply comments are due March 18,
2021.
ADDRESSES: You may submit comments, identified by IB Docket No. 20-330,
by any of the following methods:
[ssquf] Federal Communications Commission's Website: https://apps.fcc.gov/ecfs/. Follow the instructions for submitting comments.
[ssquf] People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document. 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).
FOR FURTHER INFORMATION CONTACT: Sean O'More, International Bureau,
Satellite Division, 202-418-2453, [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking, FCC 20-158, adopted November 18, 2020, and
released November 19, 2020. The full text of the Notice of Proposed
Rulemaking is available at https://www.fcc.gov/edocs/search-results?t=quick&fccdaNo=20-158.
Comment Filing Requirements
Interested parties may file comments and reply comments on or
before the dates indicated in the DATES section above. Comments may be
filed using the Commission's Electronic Comment Filing System (ECFS).
Electronic Filers. Comments may be filed electronically
using the internet by accessing the ECFS, https://apps.fcc.gov/ecfs.
Paper Filers. Parties who choose to file by paper must
file an original and one copy of each filing.
Filings can be sent by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express,
and Priority mail must be addressed to 45 L Street NE, Washington, DC
20554.
Effective March 19, 2020, and until further notice, the
Commission no
[[Page 7661]]
longer accepts any hand or messenger delivered filings. This is a
temporary measure taken to help protect the health and safety of
individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
Persons with Disabilities. To request materials in
accessible formats for people with disabilities (braille, large print,
electronic files, audio format), send an email to [email protected] or
call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice)
or 202-418-0432 (TTY).
Ex Parte Presentations
The Commission will treat this proceeding as a ``permit-but-
disclose'' proceeding in accordance with the Commission's ex parte
rules. Persons making ex parte presentations must file a copy of any
written presentation or a memorandum summarizing any oral presentation
within two business days after the presentation (unless a different
deadline applicable to the Sunshine period applies). Persons making
oral ex parte presentations are reminded that memoranda summarizing the
presentation must (1) list all persons attending or otherwise
participating in the meeting at which the ex parte presentation was
made, and (2) summarize all data presented and arguments made during
the presentation. If the presentation consisted in whole or in part of
the presentation of data or arguments already reflected in the
presenter's written comments, memoranda or other filings in the
proceeding, the presenter may provide citations to such data or
arguments in his or her prior comments, memoranda, or other filings
(specifying the relevant page and/or paragraph numbers where such data
or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with rule 1.1206(b). In proceedings governed by
rule 1.49(f) or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
Paperwork Reduction Act
This document contains proposed new and modified information
collection requirements. The Commission, as part of its continuing
effort to reduce paperwork burdens, invites the general public and the
Office of Management and Budget to comment on the information
collection requirements contained in this document, as required by the
Paperwork Reduction Act of 1995. In addition, pursuant to the Small
Business Paperwork Relief Act of 2002, we specifically seek comment on
how we might further reduce the information collection burden for small
business concerns with fewer than 25 employees.
Initial Regulatory Flexibility Analysis. As required by the
Regulatory Flexibility Act of 1980 (RFA) \1\ the Commission has
prepared an Initial Regulatory Flexibility Analysis (IRFA) relating to
this Notice of Proposed Rulemaking.
---------------------------------------------------------------------------
\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 847 (1996).
The SBREFA was enacted as Title II of the Contract with America
Advancement Act of 1996 (CWAAA).
---------------------------------------------------------------------------
Synopsis
In this Notice of Proposed Rulemaking, the Commission considers
permitting use of the 17.3-17.7 GHz band by GSO space stations
operating in the FSS, which would increase intensive and efficient use
of the band and provide additional downlink capacity for high-
throughput satellite communications.
Notice of Proposed Rulemaking
In this Notice of Proposed Rulemaking (Notice), we propose to
permit use of the 17.3-17.7 GHz band by geostationary satellite orbit
(GSO) space stations in the fixed-satellite service (FSS) in the space-
to-Earth direction on a co-primary basis with incumbent services. We
also propose to permit limited GSO FSS (space-to-Earth) use of the
17.7-17.8 GHz band on a non-protected basis with respect to fixed
service operations. Permitting use of the 17.3-17.8 GHz band to include
FSS downlinks would increase intensive and efficient use of the band
and provide additional downlink capacity for high-throughput satellite
communications. With appropriate technical safeguards proposed herein,
permitting the use of this band for GSO FSS downlink services would
facilitate deployment of advanced satellite systems for the benefit of
American consumers.
We propose to define an extended Ka-band in our rules, i.e., the
17.3-18.3 GHz (space-to-Earth), 18.8-19.4 GHz (space-to-Earth), 19.6-
19.7 GHz (space-to-Earth), 27.5-28.35 GHz (Earth-to-space) and 28.6-
29.1 GHz (Earth-to-space) bands. We further propose to apply certain
uplink power limits currently applicable to GSO FSS transmissions in
the conventional Ka-band to GSO FSS uplink transmissions in the
extended Ka-band. If adopted, these power limits will allow us to
streamline licensing of FSS earth stations and will result in a closely
harmonized regulatory framework for all similar FSS uplink
transmissions in the conventional and extended Ka-bands.\2\
---------------------------------------------------------------------------
\2\ The term ``Ka-band'' generally refers to the space-to-Earth
(downlink) frequencies at 17.70-20.20 GHz and the corresponding
Earth-to-space (uplink) frequencies at 27.50-30.00 GHz. See
Establishment of Policies and Service rules for the Non-
Geostationary Satellite Orbit, Fixed Satellite Service in the Ka-
Band, IB Docket No. 02-19, Notice of Proposed Rulemaking, 17 FCC Rcd
2807, n.1 (2002). See also IEEE Standard 521-2019 https://www.microwaves101.com/encyclopedias/frequency-letter-bands.
---------------------------------------------------------------------------
The proposals herein, if adopted with appropriate safeguards, would
result in efficient and effective use of the spectrum, alleviate the
growing need for additional Ka-band GSO FSS downlink spectrum to
support communications to gateway earth stations, and further
streamline the licensing process of certain satellite systems.\3\
---------------------------------------------------------------------------
\3\ By initiating this rulemaking proceeding, we also grant, to
the extent discussed herein, the petition for rulemaking filed by
SES Americom, Inc. (SES) requesting that the Commission initiates a
proceeding to authorize GSO FSS operations in the space-to-Earth
direction using the 17.3-17.7 GHz frequencies. See Petition for
Rulemaking of SES Americom, Inc., RM-11839, at 1 (filed Mar. 5,
2019), https://ecfsapi.fcc.gov/file/103051358025155/Petition%20for%20Rulemaking%20for%2017%20GHz%20FSS%20(Mar%205%202019)
.pdf (SES Petition).
---------------------------------------------------------------------------
Current Allocations and Use of the 17.3-17.8 GHz Band
The Table of Frequency Allocations is comprised of the
International Table and the United States Table of Frequency
Allocations (U.S. Table). In the International Table, the 17.3-17.7 GHz
band is allocated, in the International Telecommunication Union (ITU)
Region 2, to the FSS (Earth-to-space) and to the broadcasting-satellite
service (BSS) on a co-primary basis, as well as to the radiolocation
service on a secondary basis.\4\ In the U.S. Table,
[[Page 7662]]
the 17.3-17.7 GHz band is allocated to the FSS (Earth-to-space) and to
the BSS on a co-primary basis \5\ and to the radiolocation services on
a secondary basis. The adjacent 17.7-17.8 GHz band is allocated
internationally in ITU Region 2 to the fixed service, the BSS, the FSS
(in both the space-to-Earth and Earth-to-space directions) on a primary
basis and to the mobile service on a secondary basis.\6\ The 17.7-17.8
GHz band is allocated to the FSS (Earth-to-space) and to the fixed
service on a co-primary basis in the U.S. Table.\7\
---------------------------------------------------------------------------
\4\ Footnote 5.516 further limits use of the band by the FSS to
feeder links for the BSS and in ITU Region 2 to geostationary
satellite orbit (GSO) satellite networks. Footnote 5.515 specifies
that sharing between the FSS and BSS is governed by Appendix 30A,
Annex 4, paragraph 1 of the Radio Regulations. 47 CFR 2.106. We note
that the ITU Region 2 area includes the United States. See 47 CFR
2.104(b) and 2.105(a).
\5\ Provision of FSS in the band, however, is limited by
footnote US271 to the U.S. Table to feeder links for BSS, and
footnote NG163 limits BSS use of the band to geostationary satellite
systems. 47 CFR 2.106, nn. US271 and NG163.
\6\ Footnote 5.516 further limits Earth-to-space use of the band
by the FSS to feeder links for the BSS and in Region 2 to GSO
satellite networks. Footnote 5.517 precludes FSS networks operating
in the space-to-Earth direction from claiming protection from or
causing harmful interference to BSS assignments operating in
conformance with the Radio Regulations. Footnote 5.515 specifies
that sharing between the FSS and BSS is governed by Appendix 30A,
Annex 4, paragraph 1 of the Radio Regulations. 47 CFR 2.106, nn.
5.515 and 5.516.
\7\ Footnote US271 further limits FSS use of the band (Earth-to-
space) to feeder links for the BSS. Footnote US334 permits operation
of Federal FSS space stations in the band subject to certain
restrictions. 47 CFR 2.106, nn. US271 and US334.
---------------------------------------------------------------------------
Historically, in the United States, the 17.3-17.8 GHz band has been
used for FSS feeder \8\ uplinks that transmit programming to Direct
Broadcast Satellite (DBS) service \9\ GSO space stations. DBS feeder
link operations typically involve the use of large, high-gain antennas
at a limited number of individually licensed earth station locations.
The DBS service satellites then downlink that video programming
directly to consumers in the 12.2-12.7 GHz band. DBS is the principal
means of delivering satellite television in the United States. U.S.-
licensed DBS providers include DIRECTV and DISH Network.
---------------------------------------------------------------------------
\8\ A feeder link is defined as a ``radio link from a fixed
earth station at a given location to a space station, or vice versa,
conveying information for a space radiocommunication service other
than the Fixed-Satellite Service. The given location may be at a
specified fixed point or at any fixed point within specified
areas.'' 47 CFR 25.103.
\9\ DBS is defined as ``a radiocommunication service in which
signals transmitted or retransmitted by Broadcasting-Satellite
Service space stations in the 12.2-12.7 GHz band are intended for
direct reception by subscribers or the general public.'' 47 CFR
25.103. DBS operations are subject to the International Radio
Regulation BSS and Feeder-link Plans contained in Appendices 30 and
30A.
---------------------------------------------------------------------------
In May 2007, the Commission adopted rules for a new service that
would use the 17.3-17.8 GHz band in the space-to-Earth direction to
provide BSS. This service, known as the ``17/24 GHz BSS,'' \10\
provides service downlinks to customers in the same 17.3-17.8 GHz band
that is used for feeder uplinks to DBS space stations, i.e., reverse
band operation. Although the 17/24 GHz BSS may use the entire 17.3-17.8
GHz band internationally, it may only provide service in the United
States in the 17.3-17.7 GHz band. DBS feeder link uplinks by contrast,
operate in the entire 17.3-17.8 GHz band in the United States. At the
same time that the Commission adopted rules for the 17/24 GHz BSS, it
also sought comment on rules to avoid interference between DBS and 17/
24 GHz BSS operations, both in-orbit (``space path'' interference) and
on the ground (``ground path'' interference). The Commission adopted
technical rules to address space path interference in 2011 that
included a requirement that 17/24 GHz BSS space stations locate at
least 0.2 degrees from a DBS space station. In 2017, the Commission
adopted rules to address ground path interference. Since rules were
adopted for the 17/24 GHz BSS, a number of licenses or grants of U.S.
market access have been issued, but only a few of these licenses or
grants remain in effect.
---------------------------------------------------------------------------
\10\ 17/24 GHz BSS is defined as a ``radiocommunication service
involving transmission from one or more feeder-link earth stations
to other earth stations via geostationary satellites, in the 17.3-
17.7 GHz (space-to-Earth) (domestic allocation), 17.3-17.8 GHz
(space-to-Earth) (international allocation) and 24.75-25.25 GHz
(Earth-to-space) bands.'' 47 CFR 25.103.
---------------------------------------------------------------------------
SES Americom Petition for Rulemaking
On March 5, 2019, SES \11\ petitioned the Commission to initiate a
rulemaking proceeding to amend Parts 2 and 25 of the Commission's rules
to authorize GSO FSS operations in the space-to-Earth direction within
the United States using the 17.3-17.7 GHz frequencies on a protected
basis. On May 31, 2019, AT&T Services, Inc, (AT&T) and Telesat Canada
(Telesat) filed comments in response to the SES Petition, and on June
17, 2019, SES filed reply comments.
---------------------------------------------------------------------------
\11\ SES is a satellite company that, together with its
affiliates, provides FSS to the United States with both GSO and non-
geostationary orbit (NGSO) satellites and associated earth stations.
SES affiliate, SES-17 S.[agrave].r.l. was recently granted U.S.
market access for its SES-17 satellite that will use the 17.3-17.7
GHz band for downlink communications to gateway earth stations in
the United States. Operation of these FSS downlinks in the 17.3-17.7
GHz band (space-to-Earth) was granted through a waiver of the U.S.
Table of Frequency Allocations and are on an unprotected, non-
interference basis. See, IBFS File No. SAT-PDR-20190305-00014 (grant
stamp dated May 8, 2020).
---------------------------------------------------------------------------
SES proposes we modify the U.S. Table to permit FSS downlinks on a
co-primary basis in the 17.3-17.7 GHz band under its proposed technical
rules. SES contends that such an allocation would comport with
Commission policies supporting flexible spectrum use.\12\ SES also
notes that the international allocation to the BSS in the 12.2-12.7 GHz
band is accompanied by a footnote to the allocation that permits
assignment of this spectrum to FSS downlinks, ``provided that such
transmissions do not cause more interference, or require more
protection from interference, than the broadcasting-satellite service
transmissions operating in conformance with the Plan or the List, as
appropriate.'' Finally, SES notes that the Commission recently adopted
rule changes permitting more diverse use of FSS in the feeder link
frequencies associated with the 17/24 GHz BSS service.\13\ SES argues
that modifying Commission rules to permit protected FSS downlinks in
the 17 GHz band will achieve the same objectives, promoting more robust
use of spectrum and providing flexibility for satellite networks to
respond to customer demand without impairing existing authorized use of
the spectrum.
---------------------------------------------------------------------------
\12\ In support of its position, SES cites the example of the
Commission's decision in 2002 to allow non-conforming satellite use
of DBS spectrum, which concluded that relaxation of use restrictions
would encourage the development of new telecommunications products
and services. SES Petition at 7-8 (citing Policies and Rules for the
Direct Broadcast Satellite Service, IB Docket No. 98-21, Report and
Order, 17 FCC Rcd 11331, 11401 (2002)).
\13\ SES Petition at 8-9 (stating that ``[i]n its Spectrum
Frontiers proceeding, the Commission responded to requests by SES
and other satellite industry interests for revision of the rules
governing the 24.75-25.25 GHz frequencies.'') SES notes that the
Commission proposed and adjusted its rules to place FSS on the same
footing as BSS feeder links in the Spectrum Frontiers proceeding,
and this was consistent with the Commission's goals: ``increasing
flexibility of use and spectrum efficiency,'' citing Use of Spectrum
Bands Above 24 GHz for Mobile Radio Services, GN Docket No. 14-177,
Second Report and Order, Second Further Notice of Proposed
Rulemaking, Order on Reconsideration, and Memorandum Opinion and
Order, 32 FCC Rcd 10988, 11017-20 (2017) and Use of Spectrum Bands
Above 24 GHz For Mobile Radio Services, Third Report and Order,
Memorandum Opinion and Order, and Third Further Notice of Proposed
Rulemaking, 33 FCC Rcd 5576, 5586 (2018)).
---------------------------------------------------------------------------
Telesat agrees with SES that FSS licensees will be able to use the
band following the same framework for location and operation of gateway
earth stations that currently regulate BSS feeder link operations in
the band. Telesat also states that Innovation, Science, and Economic
Development Canada is currently considering similar changes to the
Canadian Table of
[[Page 7663]]
Frequency Allocations to permit FSS downlinks in the band.
AT&T urges the Commission to carefully evaluate a number of
technical concerns that could impact incumbent DBS and 17/24 GHz BSS
operators. AT&T states that the Commission should consider whether
authorizing FSS downlinks in the 17.3-17.7 GHz band could constrain
future development or modifications of existing DBS systems, and the
effect it might have on new applicants to provide DBS feeder link
service. AT&T further argues that any rulemaking should consider the
effect of proposed changes on other bands, such as the 24.75-25.25 GHz
band, which is currently available for FSS uplinks. AT&T further
suggests that we seek comment on the effect that allowing FSS downlinks
in the 17.3-17.7 GHz band could have on operations that are co-located
with, or near to, U.S. DBS licensees' facilities. Finally, AT&T
contends that we should make clear that use of the 17.3-17.7 GHz band
for FSS downlinks does not extend to earth stations in motion, nor to
non-geostationary satellite orbit (NGSO) satellites.
SES claims that none of AT&T's contentions impede the Commission
from initiating a rulemaking. SES further disputes AT&T's claim that
authorizing FSS downlinks in the 17.3-17.7 GHz band could limit future
modifications of BSS networks. According to SES, AT&T's claims are
speculative and outweighed by the potential benefits of promoting more
efficient spectrum use. SES also asserts that we should not prejudge
whether FSS downlinks in the 17.3-17.7 GHz band can be used to
communicate with user terminals, including terminals in motion.
We propose to permit GSO FSS (space-to-Earth) communications in the
17.3-17.8 GHz band. We also propose technical rules to prevent harmful
interference between stations or services in this band. With
appropriate technical safeguards to protect incumbents, permitting the
use of this band for GSO FSS downlink services would facilitate
deployment of advanced satellite systems and enable the most effective
and efficient use of the spectrum. We further propose to define
extended Ka-band frequencies and to establish routine licensing
criteria for earth stations seeking to operate in those frequencies.
Proposed GSO FSS Allocation in the 17.3-17.8 GHz Band
The Ka-band is used extensively by FSS operators to provide
satellite-based broadband access services using high-throughput
satellites. In these systems, end user terminals uplink to space
stations using one set of frequencies, and the space station downlinks
traffic to earth station terminals using a separate set of frequencies
(and back into the internet backbone). The satellites in these systems
typically use spot-beam technology and high-order frequency re-use to
significantly increase capacity and spectral efficiency.
Over the last ten years there has been an increase in the number of
space stations using Ka-band frequencies that serve, or intend to
serve, customers in the United States. In its petition for rulemaking,
SES argues that there is a particular need for additional Ka-band
spectrum for FSS gateway earth stations to support high-throughput
satellite communications.\14\ SES argues that the full benefits from
these systems cannot be achieved without access to sufficient gateway
spectrum to support multiple spot beams for expanded downlink
connectivity. SES states that permitting FSS downlink communications in
the 17.3-17.7 GHz band would help to address the need for more spectrum
and enable enhanced space station performance in communicating with
gateway earth stations. SES further states that having the additional
spectrum for space-to-Earth communications in turn would allow U.S.
consumers to ``enjoy greater access to innovative satellite services
both at home and during their travels by air and sea.'' Telesat states
that it ``shares the concerns expressed by SES regarding the limited
availability of FSS frequencies that can be used to operate gateway
earth stations to support the burgeoning development of Ka-band
satellite services.'' Telesat further argues that ``[t]he 17 GHz band
is well-suited to supplement the frequency capacity available for this
purpose, both in terms of its functionality for FSS operators in the
Ka-band, including Telesat and SES, and the compatibility of their use
with other authorized uses of the band.'' Telesat emphasizes that there
is increasingly limited spectrum and ``providing for the expanded use
of the 17 GHz band to support growing demand for FSS Ka-band downlink
spectrum while not jeopardizing existing operations in the band will
enhance the use of spectrum for the public good.'' AT&T does not
dispute the need for additional spectrum but asks that ``any rulemaking
must be carefully tailored to allow the Commission and interested
parties to fully consider and evaluate SES's proposals and their
potential impact on current and future DBS and BSS operators.''
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\14\ SES Petition at 3. As an example, SES cites its SES-17
satellite that will use all the Ka-band spectrum allocated for FSS
in the space-to-Earth direction. See, IBFS File No. SAT-PDR-
20190305-00014 (grant stamp dated May 8, 2020).
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We propose to make the 17.3-17.8 GHz band available for more
intensive use by FSS satellite operators, to meet the need for
additional Ka-band GSO FSS downlink spectrum. We note that the need for
additional spectrum for these services also has been recognized
internationally.\15\ We seek comment on this potential need for
additional Ka-band GSO FSS downlink spectrum and on our proposed
changes to the U.S. Table \16\ and other Commission rules.
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\15\ There is already a primary allocation to the FSS (space-to-
Earth) in the 17.7-17.8 GHz in all three ITU Regions
internationally. See 47 CFR 2.106. The 2019 World Radiocommunication
Conference (WRC-19) also adopted Resolution 174 (WRC-19) inviting
the ITU-R to complete the sharing and compatibility studies
necessary to consider a possible new primary allocation to the FSS
(space-to-Earth) in Region 2 in the 17.3-17.7 GHz band. See also
Innovation, Science, and Economic Development Canada, Consultation
on the Utilization of the Bands 18.8-19.3 GHz and 28.6-29.1 GHz, and
the Bands 17.3-17.7 GHz, 19.3-19.7 GHz and 29.1-29.25 GHz by the
Fixed-Satellite Service, available at https://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf11441.html.
\16\ The proposed changes to the U.S. Table herein refer to
changes to the U.S. Non-Federal Table of Frequency Allocations in
the Allocation Table. See 47 CFR 2.105(a).
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In particular, we propose to add a primary allocation to the FSS in
the space-to-Earth direction in the U.S. Table to permit FSS downlinks
from geostationary satellites to operate in the 17.3-17.7 GHz band on a
co-primary (co-equal) basis \17\ with other primary services in that
band.\18\ In addition, as discussed below, we propose certain changes
to the U.S. Table to permit GSO FSS space-to-Earth operations in the
adjacent 17.7-17.8 GHz band. We note that in the 17.7-17.8 GHz band a
bi-directional allocation currently exists in the International Table
for ITU Region 2, but not in the U.S. Table. FSS operation in the 17.7-
17.8 GHz band is limited to the Earth-to-space direction in the United
States. We propose to revise the allocation to permit FSS in the space-
to-Earth direction. We also propose to permit authorization of FSS
receiving
[[Page 7664]]
earth stations in the 17.7-17.8 GHz band on a non-protected basis with
respect to fixed service operations; such FSS receiving earth stations
would operate on a co-primary basis, however, vis-[agrave]-vis primary
satellite operations in the band. We seek comment on these changes and
proposals.
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\17\ A service designated as co-primary must share operations
with other services designated as co-primary in the frequency band
on a co-equal basis. See Redesignation of the 17.7-19.7 GHz
Frequency Band, Blanket Licensing of Satellite Earth Stations in the
17.7-20.2 GHz and 27.5-30.0 GHz Frequency Bands, and the Allocation
of Additional Spectrum in the 17.3-17.8 GHz and 24.75-25.25 GHz
Frequency Bands for Broadcast Satellite Service Use, 13 FCC Rcd
19923 at n.4 (1998).
\18\ We also propose a consequential modification to footnote
US402. 47 CFR 2.106.
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GSO FSS Transmissions in the 17.3-17.7 GHz Band. At present,
neither the International Table (for Region 2) nor the U.S. Table
allows a space-to-Earth FSS transmission in the 17.3-17.7 GHz band.\19\
To accommodate such operations in the United States, on a co-primary
basis, SES requests we revise the U.S. Table, specifically footnotes
US402 and NG163. Footnote NG163, as currently written, limits use of
the 17.3-17.7 GHz band by the BSS to geostationary satellites. SES asks
that we revise this footnote to include a statement that ``Space
stations in this band may transmit in the fixed-satellite service
(space-to-Earth) on a primary basis, provided that such transmissions
do not cause more interference, or require more protection from
interference, than broadcasting-satellite service transmissions
operating in accordance with the Commission's rules.'' \20\ As a
consequence of this change, SES also proposes edits to footnote US402
\21\ to include non-Federal FSS receiving earth stations among those
not entitled to protection from Federal earth station transmissions in
specific geographic areas. SES states that ``FSS downlinks in the 17
GHz band will be fully compatible with both satellite services
authorized in the spectrum: Feeder links for direct broadcast satellite
(``DBS'') networks and ``Reverse Band'' use for the downlink portion of
17/24 GHz BSS operations.'' SES points out that '' [n]o party opposes
the SES Petition or presents any substantial obstacles to the rule
revisions sought by SES to promote robust, flexible satellite use of
spectrum.''
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\19\ A 17.3-17.7 GHz space-to-Earth FSS allocation exists in ITU
Region 1, and in the adjacent 17.7-17.8 GHz band in all three
Regions. 47 CFR 2.106.
\20\ SES Petition, Rule Appendix at 1. SES models its proposed
language on footnote 5.492 to the International Table of Allocations
which permits FSS downlink transmissions in BSS Ku-band frequencies
which are part of an ITU Appendix 30 Plan or List. See also, 47 CFR
2.106, n.5.492.
\21\ 47 CFR 2.106, n.US402. This footnote defines two geographic
areas and frequency segments in which 17/24 GHz BSS earth stations
may not claim protection from earth stations transmitting to Federal
satellites in the Earth-to-space direction.
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AT&T, however, states that the Commission should make clear that
any use of the 17.3-17.7 GHz band for FSS downlinks would be limited to
GSO satellites. We note that the interference-mitigation regime the
Commission established for the BSS and DBS feeder links in the 17.3-
17.7 GHz band presupposed only GSO satellites. In addition, Article 22
of the ITU Radio Regulations does not include equivalent power flux
density limits at the Earth's surface for the 17.3-17.8 GHz band that
are necessary to protect earth stations receiving GSO transmissions
from harmful interference from NGSO operations. Accordingly, we propose
to modify the U.S. Table, revise footnote US402, and adopt a new
footnote NG58 to permit co-primary operation of FSS downlink
transmissions in the 17.3-17.7 GHz band, while limiting FSS downlink
operations to GSO satellite networks.\22\ To streamline the applicable
restrictions to the 17.3-17.8 GHz band in the U.S. Table, we further
propose to incorporate the use limits found in US271 and NG163 into the
new footnote NG58 and remove US271 and NG163. We also propose
consequential modifications to our licensing information requirements
contained in Sec. 25.115(e). We seek comment on these proposals.
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\22\ As a corresponding change, we also propose to similarly
amend note 1 to Sec. 25.202(a)(9) of our rules which addresses use
of the 17.3-17.8 GHz band for BSS. 47 CFR 2.202(a)(9).
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GSO FSS Transmissions in the 17.7-17.8 GHz Band. In the U.S. Table,
the 17.7-17.8 GHz band is allocated on a primary basis to the fixed
service and to the FSS (Earth-to-space) limited, by footnote US271, to
use by feeder links for the BSS.\23\ The International Table includes
primary allocations to the FSS (both Earth-to-space and space-to-Earth)
in all three ITU Regions, including Region 2, in the 17.7-17.8 GHz
band, and FSS operators may use this band to provide service outside of
the United States.
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\23\ 47 CFR 2.106 and footnote US271. The use of the band 17.3-
17.8 GHz by the FSS (Earth-to-space) is limited to feeder links for
BSS.
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With respect to sharing of the 17.7 and 17.8 GHz band with the
fixed service, we note that in 2000, the Commission designated the
17.7-18.3 GHz band for primary use by terrestrial services.\24\ This
designation was based in large part upon the conclusion, at that time,
that sharing between terrestrial services and satellite services was
not feasible, especially when satellite earth stations would be
ubiquitously deployed. In 2017, however, the Commission adopted a
secondary allocation for the FSS (space-to-Earth) in the 17.8-18.3 GHz
band and also permitted blanket earth station licensing. In the 17.7-
17.8 GHz band, we now propose to add a space-to Earth direction (to the
existing primary FSS allocation) in the U.S. Table, but also to add a
footnote stipulating that earth stations receiving in the 17.7-17.8 GHz
band are not entitled to protection from the fixed service. This would
make these FSS downlink operations co-primary vis-[agrave]-vis other
satellite operations in the band but treat them as secondary with
respect to fixed service operations, consistent with the treatment of
the FSS (space-to-Earth) operations vis-a-vis fixed services in the
adjacent 17.8-18.3 GHz band. Accordingly, if we permit GSO FSS (space-
to-Earth) operations in the 17.7-17.8 GHz band, we propose these
operations would be conducted on a non-protected basis vis-a-vis the
fixed service.\25\ We seek comment on these proposals and conclusions.
---------------------------------------------------------------------------
\24\ Prior to 2000, the 17.7-18.3 GHz band was designated for
shared co-primary use by GSO FSS and fixed service operations. See
18 GHz Order, 15 FCC Rcd 13430. In 2000, in addition to designating
the 17.7-18.3 GHz band for primary use by terrestrial services, the
Commission also designated the 18.3-18.58 GHz band for co-primary
use by GSO FSS and terrestrial fixed services, and the 18.58-18.8
GHz band for primary use by GSO FSS.
\25\ In addition, the fixed service stations would be protected
from harmful interference from GSO FSS downlink operations, given
the existing power flux density (PFD) limits for GSO space stations
in Sec. 25.208(c) of the Commission rules. 47 CFR 25.208(c). These
PFD limits comport with established international standards for
preventing harmful interference to fixed service stations and are
applicable in the entire 17.7-19.7 GHz band. See also infra at
paragraph 24.
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We note that allowing use of the 17.7-17.8 GHz band by the FSS
(space-to-Earth) would provide a contiguous band for FSS downlink
operations at 17.3-18.3 GHz, along with the existing FSS use in the
18.3-18.8 GHz band.\26\ This would facilitate operational efficiencies
and flexibility to avoid interference and to use this contiguous
spectrum in the most effective and efficient manner. We seek comment on
our proposals and these conclusions. As discussed further below, we
also seek comment on how our proposals would affect the existing
operations of the incumbent fixed services in the 17.7-17.8 GHz band as
well as the potential for the future development and deployment of
other terrestrial services in this band. To the extent that commenters
assert that our proposal would negatively impact existing and future
terrestrial services in the 17.7-17.8 GHz band, these commenters should
explain whether such impacts could be mitigated by any modifications to
our proposals herein.
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\26\ In 2000, the Commission also designated the 18.3-18.58 GHz
band for co-primary use by GSO FSS and fixed service and the 18.58-
18.8 GHz band for primary use by GSO FSS. See 18 GHz Order, 15 FCC
Rcd at 13432, 13445, paragraphs 4 and 31.
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With respect to FSS operations vis-a-vis other satellite operations
in the
[[Page 7665]]
17.7-17.8 GHz band, we propose to treat FSS (space-to-Earth) operations
on a co-primary basis vis-[agrave]-vis the primary FSS (Earth-to-space)
allocation in the 17.7-17.8 GHz band. Treating satellite operations on
co-primary basis would be consistent with the International Table and
our proposed co-primary treatment of satellite operations in the
adjacent 17.3-17.7 GHz band. This would facilitate the use of the 17.3-
17.7 GHz and 17.7-17.8 GHz frequencies as a contiguous band, governed
by the same streamlined rules, allowing flexibility to the FSS space-
to-Earth systems to operate efficiently. Accordingly, allowing FSS
downlink operations in the 17.7-17.8 GHz band would serve the public
interest, provided such FSS operations comply with other proposed
revisions to the technical requirements intended to protect the
operations of incumbent services, including 17/24 GHz BSS and DBS
systems. We seek comment on these proposals and conclusions.
If adopted, we propose to implement our revisions to the U.S. Table
by including a primary allocation to the FSS (space-to-Earth) but also
including the new footnote NG58 that would permit authorization of
earth stations receiving transmissions from GSO FSS space stations in
the 17.7-17.8 GHz band, strictly on a non-protected basis with respect
to terrestrial fixed service operations. The relevant portion of this
new footnote NG58 would read: ``Earth stations in the fixed-satellite
service (space-to-Earth) in the 17.7-17.8 GHz band shall not claim
protection from stations in the fixed service that operate in that
band.'' We believe this approach will provide a certain level of
flexibility to GSO FSS operators while placing no additional
coordination burden on fixed service operators.\27\ This approach also
is consistent with our goals to allocate increasingly scarce spectrum
resources in the most efficient and effective manner possible. We also
propose corresponding modifications to Sec. 25.115 to reference these
conditions in our licensing requirements, including a proposed
condition that blanket licensed FSS earth stations, if authorized to
receive FSS (space-to-Earth) transmissions in the 17.7-17.8 GHz band,
must operate on a non-protected basis and claim protection from neither
fixed service operations nor FSS earth stations providing feeder links
to BSS space stations in the band.\28\ We seek comment on these
proposals.
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\27\ We note that with respect to adjacent band operations,
under the currently applicable rules, a fixed service operator in
the 17.7-18.3 GHz band is required to comply with out of band
emission limits contained in our rules. A fixed service operator in
the 17.7-18.3 GHz band that complies with these limits would not
otherwise be required to coordinate its operations with FSS
receiving earth stations in the 17.3-17.7 GHz band. See Letter from
Donald J. Evans, Counsel to the Fixed Wireless Communications
Coalition, to Marlene H. Dortch, Secretary, FCC, IB Docket No. 20-
330 at 2 (filed Nov. 10, 2020). See also 47 CFR 74.637, Sec.
78.103, and Sec. 101.111. Fixed services in the 17.8-18.3 GHz band
would likewise not be subject to a coordination requirement vis-
[agrave]-vis FSS receiving earth stations operating in the 17.7-17.8
GHz band.
\28\ See infra, Appendix A. Unlike blanket licensed FSS earth
stations, individually licensed FSS earth stations would be
permitted to claim protection from earth stations providing feeder
links to BSS space stations in the band. See infra, paragraph 55.
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With respect to protecting incumbents from harmful interference, we
note that Sec. 25.208(c) includes angle-dependent PFD limits intended
to protect terrestrial services from space station transmissions in the
17.7-19.7 GHz band. We seek comment on whether these angle-dependent
PFD limits would adequately protect fixed service operations from
harmful interference from GSO FSS operations in the 17.7-17.8 GHz band.
Apart from these and the default service rules contained in Sec.
25.217 we have no requirements specifically governing space-to-Earth
FSS transmissions in the 17.7-17.8 GHz band. If commenters propose any
additional rules to facilitate sharing, they also should address costs
and benefits of adopting their proposals.
Although we believe that the above-outlined approach best achieves
our goals of promoting spectrum efficiency and operational flexibility,
we seek comment on alternatives and how we can protect the operations
of incumbent services. AT&T asserts that when considering the entry of
new FSS co-primary operations into the band, the Commission should
consider the impact of these new operations on the future expansion of
DBS uplinks. Although the recent removal of the DBS freeze should
alleviate AT&T's particular concern regarding the timing of introducing
these new operations, we nonetheless seek comment on this question
generally as raised by AT&T. We believe that our proposed revisions to
the U.S. Table allowing co-primary FSS downlinks in the 17.3.17.8 GHz
band are compatible with existing operations in the band given the
accompanying revisions to the technical requirements intended to
protect the operations of incumbent services. Nonetheless, we seek
comment on the possible impact to current and future DBS, 17/24 GHz
BSS, or terrestrial fixed service systems, and we ask if the
introduction of new GSO FSS downlinks into the band might have
unforeseen or unreasonably constraining consequences to these systems.
If so, we ask what course of action would best protect the operations
of future and existing users.
Technical Rules To Prevent Harmful Interference in the 17.3-17.8 GHz
Band
Measures To Facilitate Space-to-Earth Operations of 17/24 GHz BSS and
FSS
We propose various requirements intended to facilitate both intra-
service operations between 17.3-17.8 GHz FSS space stations and inter-
service operations between FSS and17/24 GHz BSS space stations. Most of
these requirements are already applicable to 17/24 GHz BSS space
stations transmitting in the band, and we propose to extend them to
17.3-17.8 GHz FSS space stations either directly or with some
modifications.
Required Longitudinal Separation. At present, the different
satellite services operating in the 17.3-17.8 GHz band are subject to
different orbital spacing requirements. Our rules require 17/24 GHz BSS
space stations that transmit in the space-to-Earth direction in the
17.3-17.8 GHz band to be separated from each other by at least four
degrees.\29\ In contrast, DBS stations are authorized to receive feeder
uplink transmissions in the 17.3-17.8 GHz band in the opposite
direction (i.e., reverse-band operations), and are typically separated
from each other by at least nine degrees.\30\ Transmitting 17/24 GHz
BSS space stations must also maintain at least 0.2 degrees separation
from DBS space stations to minimize space path interference. GSO FSS
space stations however, have historically been subject to a two-degree
spacing requirement.\31\
[[Page 7666]]
Compliance with the two-degree orbital separation requirements for FSS
space stations is verified by the information certifications and
technical showings required by Sec. 25.140(a) of our rules.
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\29\ We note however, that the FSS space stations in the 24.75-
25.25 GHz band, which include (but are not limited to) feeder
uplinks for 17/24 GHz BSS stations may be located as close as two
degrees. See Use of Spectrum Bands Above 24 GHz for Mobile Radio
Services, GN Docket No. 14-177, WT Docket No. 10-112, Third Report
and Order, Memorandum Opinion and Order, and Third Further Notice of
Proposed Rulemaking, 33 FCC Rcd 5576, 5586, paragraph 25 (2018).
\30\ The spectrum and orbital resources for DBS are subject to
planned use, on a regional basis, under the international
regulations administered by the International Telecommunication
Union (ITU). Under this plan, the United States is assigned eight
orbital locations for the provision of DBS, spaced at least nine
degrees: 61.5[deg] West Longitude (W.L.), 101[deg] W.L., 110[deg]
W.L., 119[deg] W.L., 148[deg] W.L., 157[deg] W.L., 166[deg] W.L.,
and 175[deg] W.L. See ITU Radio Regulations, Art. 5, section 1.
\31\ 47 CFR 25.103. Our rules define a two-degree compliant
space station as a GSO FSS space station operating in the
conventional or extended C-bands, the conventional or extended Ku-
bands, the 24.75-25.25 GHz band, or the conventional Ka-band within
the limits on downlink EIRP density or PFD specified in Sec.
25.140(a)(3) and communicating only with earth stations operating in
conformance with routine uplink parameters specified in Sec. Sec.
25.138(a), 25.211(d), 25.212(c), (d), or (f), 25.218, 25.221(a)(1)
or (3), or 25.222(a)(1) or (3), 25.226(a)(1) or (3), or 25.227(a)(1)
or (3).
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In its Petition, SES includes proposed modifications to both rule
Sec. Sec. 25.140, and 25.262. Under this proposed approach, FSS space
stations would be required to maintain at least two degrees of
separation from each other and would also be required to maintain a
default orbital separation of at least four degrees from 17/24 GHz BSS
space stations.\32\
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\32\ The minimum four-degree separation requirement between 17/
24 GHZ BSS space stations would be unchanged. SES Petition, Rule
Appendix.
---------------------------------------------------------------------------
In determining what orbital separation would be most appropriate
for FSS space stations seeking to operate in the 17.3-17.8 GHz band in
the space-to-Earth direction, we consider not only accommodation of FSS
operations in a manner most consistent with other FSS bands, but also
harmonization of the operations of the three different satellite
services operating bi-directionally in the same frequency band. We
therefore propose changes to Sec. Sec. 25.140(a) and (b), (d) and
25.262 of our rules, to require GSO FSS and 17/24 GHz BSS applicants
seeking to operate in the 17.3-17.8 GHz band, to demonstrate compliance
with rules applicable to their service's particular orbital spacing
requirements, while simultaneously accommodating adjacent neighboring
space stations in other services.\33\ We propose to adopt a two-degree
orbital spacing approach for transmitting FSS space stations and
require an FSS applicant to make different coordination showings
depending upon the service of its adjacent neighbors. We believe that
permitting two-degrees of separation between downlinking FSS space
stations, while retaining four-degree separation from 17/24 GHz BSS
space stations, would most efficiently use the orbital arc and
associated spectrum resources. We seek comment on this proposal, and on
its possible ramifications for the incumbent services.
---------------------------------------------------------------------------
\33\ 47 CFR 25.140(a) and (b) and Sec. 26.262. We also propose
conforming changes to Sec. 25.114(d)(15) which refers to the
showings applicants must provide with their applications.
---------------------------------------------------------------------------
We also seek comment on other alternatives, including whether we
should apply the same orbital spacing requirements to downlinking FSS
space stations as we currently apply to 17/24 GHz BSS stations, (i.e.,
four-degree spacing). While this approach might yield a more
homogeneous regulatory and operating environment and could be
implemented using the coordination showings per Sec. 25.140(b) for
both types of applicants, it may not, however, most effectively
maximize use of the orbital arc and spectral resources, nor provide
maximum flexibility for FSS or 17/24 GHz BSS operators. Commenters
proposing other alternatives also should discuss any cost and benefits
associated with their proposals, in addition to discussing any
technical advantages.
Downlink Power Limits. The Commission has typically employed
downlink PFD limits for space stations transmissions in order to
facilitate both inter-service and intra-service sharing. PFD limits for
intra-service operations are generally imposed to ensure a relatively
homogeneous transmitting environment which aids in protecting co-
frequency receiving antennas from adjacent satellite interference.\34\
PFD limits may also be imposed to facilitate inter-service operations,
notably to protect terrestrial services from satellite transmissions.
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\34\ The downlink power levels transmitted by adjacent co-
frequency satellites, in combination with the sidelobe performance
characteristics of the receiving earth station antenna, will
determine the carrier-to-interference ratio that an operator
experiences at the receive antenna as a result of adjacent satellite
interference.
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The Commission's current rules include PFD limits for 17/24 GHz BSS
systems transmitting in the 17.3-17.7 GHz band.\35\ These PFD levels
were established to accommodate four-degree spacing (i.e., intra-
service sharing) between 17/24 GHz BSS networks. The regional variation
was adopted, among other reasons, to account for geographic variations
in rainfall characteristics. Moreover, these limits are intended to
protect BSS receiving antennas conforming to the requirements of Sec.
25.224 of our rules and are derived from antenna patterns in
Recommendation ITU-R BO.1213-1 which applies specifically to BSS
receiving antennas.\36\ FSS receiving antennas will likely exhibit
different gain characteristics and may ultimately operate in an orbital
spacing environment (e.g., two degrees) different from the four-degree
separation approach established for 17/24 GHz BSS space stations. 17/24
GHz BSS and FSS space stations transmitting in the 17.7-17.8 GHz band
are also subject to the arrival-angle-dependent PFD limits contained in
Sec. 25.208(c) that are intended to protect terrestrial systems in
that band.\37\
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\35\ 47 CFR 25.208(w). Specifically, these PFD limits are: (1)
In the region of the contiguous United States, located south of
38[deg] North Latitude and east of 100 West Longitude: -115 dBW/
m\2\/MHz; (2) In the region of the contiguous United States, located
north of 38[deg] North Latitude and east of 100[deg] West Longitude:
-118 dBW/m\2\/MHz; (3) In the region of the contiguous United
States, located west of 100 West Longitude: -121 dBW/m\2\/MHz; and
(4) For all regions outside of the contiguous United States
including Alaska and Hawaii: -115 dBW/m\2\/MHz. Id.
\36\ In contrast, FSS receiving antennas in other frequency
bands are typically subject to the requirements contained in Sec.
25.209.
\37\ 47 CFR 25.208(c). These limits are applicable in the 17.7-
19.7 GHz band and must be met by FSS and 17/24 GHz BSS space
stations.
---------------------------------------------------------------------------
At present, our rules do not include PFD limits for FSS space
stations in the 17.3-17.7 GHz band. In its petition, SES proposes PFD
limits for FSS systems based on the existing regional PFD limit scheme,
with some modifications.\38\ SES proposes that in some geographic
regions FSS downlink transmissions not exceed a PFD limit of -118 dBW/
m\2\/MHz which is more stringent than the limit imposed on 17/24 GHz
BSS space stations in the same region.\39\ Although SES offers no
explicit rationale for its proposal to apply this more stringent PFD
limit to FSS transmissions, we recognize that it is identical to the
PFD limit our rules apply to FSS transmissions in the nearby
conventional Ka-band to allow two-degree spacing.\40\ We propose
applying regional PFD limits to 17.3-17.8 GHz FSS space station
transmissions, to harmonize them with those now applicable to the 17/24
GHz BSS, and propose adopting the specific regional limits advocated by
SES. We tentatively conclude that these limits, including the maximum
value of -118 dBW/m\2\/MHz will allow transmitting FSS space stations
to operate in both a two-degree FSS spacing environment as well as
alongside the four-degree 17/24 GHz BSS environment.\41\ We seek
comment on these conclusions.
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\38\ SES Petition at 10. SES's proposed requirements are: (1) In
the region of the contiguous United States, located south of 38[deg]
North Latitude and east of 100[deg] West Longitude: -118 dBW/m\2\/
MHz; (2) In the region of the contiguous United States, located
north of 38[deg] North Latitude and east of 100[deg] West Longitude:
-118 dBW/m\2\/MHz; (3) In the region of the contiguous United
States, located west of 100[deg] West Longitude: -121 dBW/m\2\/MHz.;
and (4) For all regions outside of the contiguous United States
including Alaska and Hawaii: -118 dBW/m\2\/MHz.
\39\ This limit is more stringent compared with the most
restrictive PFD limit of -115 dBW/m\2\/MHz required in the same
geographic region from BSS space stations.
\40\ 47 CFR 25.140(a)(3)(iii). The conventional downlink Ka-
bands include 18.3-18.8 GHz (space-to-Earth) and 19.7-20.2 GHz
(space-to-Earth).
\41\ We note that if the -118 dBW/m\2\/MHz regional PFD limit is
met, then the angle-dependent PFD limits contained in Sec.
25.208(c) that are intended to protect terrestrial operations in the
17.7-17.8 GHz band will be met as well.
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The PFD limits contained in Sec. 25.208 are largely intended to
facilitate sharing between space and terrestrial services. Most are
angle-dependent and closely replicate the PFD limits contained in
[[Page 7667]]
Article 21 of the ITU Radio Regulations. Since Sec. 25.140(a) contains
rules to facilitate FSS operations in a two-degree orbital spacing
environment, we believe that this rule section is a more appropriate
place to include our proposed PFD limits, as they are intended to
facilitate intra-service operation. Thus, rather than amending Sec.
25.208, we propose to include these new PFD requirements in Sec.
25.140(a)(3). Further, to improve the organizational coherence of our
Part 25 rules, we also propose to likewise move the regional PFD limits
for 17/24 GHz BSS space stations now contained in section 25.208(w) to
Sec. 25.140(b)(3). As a consequence of this move, we also propose
conforming updates to other paragraphs in Sec. 25.140(b)(3) \42\ and
to rule sections that currently reference section 25.208(w) including
Sec. Sec. 25.114(d)(15)(i) and (ii), 25.140(b)(5), and 25.262(b)(1)
and (2) and (c) and (d). We seek comment on these proposed rule changes
generally, and on whether the proposed PFD limits for FSS space
stations are appropriate.
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\42\ We propose renumbering of Sec. 25.140(b)(3) generally as
well as conforming updates to paragraphs (b)(4), (b)(5) and a new
paragraph (b)(6). See infra Appendix A.
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Polarization and Full Frequency Re-Use Requirements. Section
25.210(f) of our rules requires all space stations in the FSS operating
in any portion of the bands specified therein to employ state-of-the-
art full frequency reuse, either through the use of orthogonal
polarizations within the same beam and/or the use of spatially
independent beams.\43\ It similarly requires full frequency reuse for
BSS space stations transmissions in the 17.3-17.8 GHz band (space-to-
Earth).\44\ We propose to amend this requirement to include 17.3-17.8
GHz in the list of specified frequencies, thereby extending the
requirement to FSS space-to-Earth transmissions in the band. We seek
comment on this proposal.
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\43\ 47 CFR 25.210(f). The FSS bands listed include 3600-4200
MHz, 5091-5250 MHz, 5850-7025 MHz, 10.7-12.7 GHz, 12.75-13.25 GHz,
13.75-14.5 GHz, 15.43-15.63 GHz, 18.3-20.2 GHz, 24.75-25.25 GHz, or
27.5-30.0 GHz bands, including feeder links for other space
services. This requirement does not apply to telemetry, tracking,
and command operation.
\44\ 47 CFR 25.210(f). This requirement does not apply to
telemetry, tracking, and command operation.
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Cross-Polarization Isolation Requirements. Section 25.210(i)
requires 17/24 GHz BSS transmitting space station antennas to provide
cross-polarization isolation of at least 25 dB within the primary
coverage area. We note that a similar cross-polarization isolation
requirement for transmitting FSS space stations was eliminated in the
Part 25 Second Report and Order, although at that time the Commission
did not address the cross-polarization isolation requirement for 17/24
GHz BSS. We propose to not extend the cross-polarization requirements
to FSS space station antennas transmitting in the 17.3-17.8 GHz band.
We seek comment on this proposal. We also seek comment on whether this
requirement might be obsolete in the current digital transmission
environment and could be eliminated for 17/24 GHz BSS space station
transmissions as well.\45\
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\45\ Historically, the Commission adopted its 30 dB FSS cross-
polarization isolation requirement in an environment where
satellites were predominantly using analog transmissions as it
served to minimize the interference between adjacent satellites when
both carried analog video signals with highly varying (peaked) power
density levels. Although relaxed to 25 dB, a similar cross-
polarization requirement, was later extended to 17/24 GHz BSS
systems. 17/24 GHz R&O and FNPRM, 22 FCC Rcd at 8888-89, paragraph
113.
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Measures To Mitigate Space Path Interference
In the 17.3-17.8 GHz reverse-band sharing environment, receiving
DBS space stations are vulnerable to space path interference \46\ from
nearby co-frequency 17/24 GHz BSS space station transmissions.\47\ In
the 17/24 GHz Space Path Report and Order, the Commission adopted
requirements to mitigate such space path interference. If we opt to
permit FSS space-to-Earth transmissions in the 17.3-17.8 GHz band,
analogous requirements will need to be adopted to mitigate space path
interference from FSS space station transmissions into DBS satellite
receivers. We propose to apply to FSS space stations the same antenna
off-axis power flux density coordination trigger, antenna off-axis gain
measurement requirements, two-part information submission process, and
orbital inclination and eccentricity constraints that Sec. 25.264 of
our rules now applies to 17/24 GHz BSS space stations.
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\46\ This type of interference may occur when the off-axis
downlinked signals from one space station are detected by the
receiving antenna of a nearby co-frequency space station. The
severity of space path interference will depend upon the transmitted
signal power level; the off-axis gain discrimination characteristics
of the transmitting and receiving antennas; and on the specific
orientation of, and separation between, the transmitting and
receiving antennas on both space stations. This latter factor in
turn depends upon various inter-dependent parameters including
longitudinal separation and the inclination and eccentricity of both
space station orbits. Management of space path interference is
typically more challenging when a receiving DBS space station is
located within a few tenths of a degree in orbital longitude from a
transmitting co-frequency space station.
\47\ Analogously, ground path interference arises between earth
stations when the off-axis transmissions in the Earth-to-space
direction of one service are received by a nearby co-frequency
receiving earth station in another service. See infra at paragraphs
49-58.
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Off-Axis Power Flux Density Coordination Trigger. To avoid harmful
levels of space path interference into DBS space station antennas from
17/24 GHz BSS transmissions, our rules provide a coordination trigger
value, i.e., a PFD of -117 dBW/m\2\/100 kHz at the victim DBS space
station receiving antenna above which coordination is required. To
protect DBS space stations from space path interference arising from
adjacent FSS space station downlinks, SES proposes modifications to
Sec. 25.264 of our rules to extend the current PFD coordination
trigger of -117 dBW/m\2\/100 kHz to downlinking FSS space stations in
the 17.3-17.7 GHz band. We further propose applying this coordination
trigger to transmissions from FSS space stations is an appropriate
approach to mitigate space path interference into DBS receivers and we
propose to amend Sec. 25.264(a) through (i) of our rules accordingly.
We also propose to apply this requirement to FSS downlinking space
stations in the 17.7-17.8 GHz band, which could also be a source of
space path interference into DBS receivers. We seek comment on these
proposals.
In addition, we propose to amend Sec. 25.264(b)(1) and (2) and (e)
to require that the PFD calculations at the DBS receiver consider the
aggregate power flux density from all 17.3-17.8 GHz transmitting beams
on the adjacent space station. Under our proposed new rules, this
requirement would apply to both FSS and any new 17/24 GHz BSS space
station operations. Our space path mitigation rules were initially
written considering the 17/24 GHz BSS space stations of an earlier
generation as potential interference sources; at that time we did not
contemplate today's space station design, that often employs multiple
spot beams and may result in a cumulative interference level at the DBS
receiver. We seek comment on these proposals.
Requirements for Antenna Off-Axis Gain, Angular Measurement Ranges,
and Minimum Longitudinal Separation. Our current rules require that 17/
24 GHz BSS space stations maintain a minimum longitudinal separation of
at least 0.2[deg] from an adjacent DBS satellite. This angular
separation, in conjunction with limits on certain orbital parameters of
space stations in both the DBS and 17/24 GHz BSS services, bounds the
range over which 17/24 GHz BSS applicants or licensees must provide
off-
[[Page 7668]]
axis angular gain and PFD data.\48\ Sections 25.264(a) and (b) of our
rules specify the set of angular ranges over which antenna off-axis
gain data and associated PFD calculations must be provided to
demonstrate whether the coordination trigger will be exceeded at
planned or existing DBS satellite locations.\49\ SES proposes that
transmitting FSS space stations be required to maintain this same
minimum longitudinal separation of 0.2[deg] from adjacent DBS
satellites, and would extend to them the same limits on orbital
inclination and eccentricity. It further proposes extending to
transmitting FSS space stations, the requirement to provide antenna
off-axis gain and PFD information over the same angular and frequency
measurement ranges contained in our rules for 17/24 GHz BSS
transmitting space stations.
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\48\ 47 CFR 25.264(h) and (i). Orbital inclination is limited to
less than 0.075[deg] and orbital altitude may not exceed 35,806 km
or fall below 35,766 km above the Earth's surface. Although a DBS
space station may exceed these bounds, it may not claim protection
from any additional space path interference arising as a result of
its excessively inclined or eccentric operations and may only claim
protection as if it were operating within the defined bounds. See
also, 17/24 GHz Space Path Report and Order at 8945-47, paragraphs
39-41.
\49\ 47 CFR 25.264(a). Specifically, measurements must be made
over a range of 30[deg] from the X axis in the X-Z
plane, and over a range of 60[deg] in planes rotated
about the Z axis. This rule section also defines the X and Z axes
using a cartesian coordinate system wherein the X axis is tangent to
the geostationary orbital arc with the positive direction pointing
east, i.e., in the direction of travel of the satellite; the Y axis
is parallel to a line passing through the geographic north and south
poles of the Earth, with the positive direction pointing south; and
the Z axis passes through the satellite and the center of the Earth,
with the positive direction pointing toward the Earth. See also, 17/
24 GHz Space Path Report and Order at 8941-42, paragraphs 30-31.
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The required angular measurement ranges and associated orbital
parameters including longitudinal separation, inclination and
eccentricity, are inter-dependent values. Accordingly, the off-axis
angle occurring between two geostationary satellites will vary as a
result of changes in these inter-dependent orbital parameters. The off-
axis measurement ranges specified in our rules for 17/24 GHz BSS
satellites are intended to encompass the angular range arising between
DBS and 17/24 GHz BSS satellites with longitudinal separations as small
as 0.1 degrees,\50\ while simultaneously accommodating operation of
such space stations within typically observed orbital eccentricity and
inclination values. At the time the current values for these parameters
were chosen, the Commission sought to provide 17/24 GHz BSS operators
with the flexibility to locate at the small orbital separations they
then sought, while simultaneously requiring the antenna off-axis gain
measurement data to be made within ranges considered to be reasonable
by commenters. We note however, that no 17/24 GHz BSS operator has yet
provided service from a location separated from a U.S.-licensed DBS
satellite by as little as 0.2 degrees.\51\ Moreover, in more recent
instances, 17/24 GHz BSS applicants have sought waivers of our off-axis
antenna gain measurement requirements, citing difficulties making
measurements over the required angular ranges and or specified
frequencies.
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\50\ Taking the station keeping requirements of 0.05[deg] into account, the required nominal separation
between the two space stations is 0.2[deg].
\51\ Following adoption of minimum orbital separation
requirements in the 17/24 GHz Second Report and Order, Spectrum Five
LLC sought to operate from an orbital location of 119.25[deg] W.L.
Spectrum Five LLC's application was granted although the grant later
declared null and void. See Petition for Declaratory Ruling
Regarding 17/24 GHz Broadcasting-Satellite Service to the U.S.
Market from the 119.25[deg] W.L. Orbital Location, 33 FCC Rcd 153
(IB, Sat. Div. 2012) (declaring null and void Spectrum Five LLC's
grant of access to the U.S. market for a GSO satellite to be located
at the 119.25[deg] W.L. orbital location operating in the 17/24 BSS
satellite).
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In its Petition, SES proposes FSS use in space-to-Earth direction
for gateway earth stations, not direct-to-home consumer services. For
such use, FSS operators will not have the same economic incentives to
locate space stations at such small longitudinal separations from DBS
satellites (i.e., to make use of a single subscriber receiving
antenna). Thus, we believe that the minimum longitudinal separation
from DBS satellites that FSS space stations must maintain could be
increased, resulting in more limited angular ranges over which antenna
gain data must be measured.\52\ Requiring a minimum orbital separation
between DBS and downlinking 17.3-17.8 GHz satellites of 0.5 degrees
\53\ would reduce the required angular measurement range in planes
rotated about the Z axis to as little as 20 degrees. The
corresponding reduction in measurement range in the X-Z pane would
reduce from 30 degrees to approximately 6
degrees.
---------------------------------------------------------------------------
\52\ One approach that might permit relaxation of the required
angular measurement range for off-axis antenna gain (and calculated
PFD performance) would be to increase the minimum orbital separation
requirement between transmitting 17.3-17.8 GHz space stations and
DBS receiving space stations from 0.2 degrees to a somewhat larger
value. Similarly, further restricting the limits placed on orbital
inclination and eccentricity could accomplish this, although this
would seem somewhat impractical.
\53\ Taking an east/west station keeping allowance of 0.05 degrees into account a nominal orbital separation of 0.5
degrees results in an actual minimum orbital separation of 0.4
degrees.
---------------------------------------------------------------------------
We propose to amend Sec. 25.264(g) of our rules to apply 0.5
degrees as the minimum orbital longitude separation that transmitting
FSS space stations must maintain relative to DBS space stations, and to
amend Sec. 25.264(a) to reflect the corresponding off-axis measurement
angles, i.e., 10 degrees in the X-Z plane and 20 degrees in planes rotated about the Z axis.\54\ We propose to
retain our current requirements for orbital inclination and
eccentricity, and propose to amend Sec. 25.264(h) to extend these
values to FSS space stations. We seek comment on these proposals, and
we ask whether 0.2 degrees or some different orbital separation value,
or other orbital parameters would be more appropriate. Further, we
tentatively conclude that this same change in the required minimum
orbital separation value and corresponding antenna measurement angles
could be extended to 17/24 GHz BSS space stations transmitting in the
17.3-17.8 GHz band. We propose to similarly amend Sec. 25.264(a) and
(g) with respect to 17/24 GHz BSS space stations, and we seek comment
on these options, and on alternatives that might be appropriate.
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\54\ Smaller orbital separations would still be possible if a
coordination agreement is achieved between the FSS and DBS
operators.
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Measurement Frequencies. To account for the frequency-dependent
nature of antenna gain, our current rules require off-axis angular
measurements to be made at a minimum of three measurement frequencies
determined with respect to the entire portion of the 17.3-17.8 GHz band
over which the space station is designed to transmit.\55\ Although we
propose no changes in this requirement, we seek comment on whether our
rules should be revised to permit increased flexibility in the
measurement frequencies. If so, commenters should be specific regarding
how such a rule should be re-structured. Comments should address how
many measurement frequencies should be required, over what range, and
at what separation from each other.
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\55\ 47 CFR 25.264(a)(4) and (5). Specifically, these are: (1)
Five megahertz above the lower edge of the band; (2) at the band
center frequency; and (3) five megahertz below the upper edge of the
band. A greater angular measurement range may be used, if necessary,
to account for any planned spacecraft orientation bias or change in
operating orientation relative to the reference coordinate system.
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Two-Part Data Submission Process. At present our rules require a
two-part submission process for antenna off-axis gain data and
associated PFD calculations to demonstrate conformance with the off-
axis PFD coordination trigger.\56\ Under this
[[Page 7669]]
approach at an early stage in the process, operators submit predicted
antenna off-axis gain data and associated PFD calculations at any
identified victim (DBS) space station receiver. No later than two
months prior to launch this predicted data is confirmed by submission
of measured data and associated PFD calculations. We propose to amend
Sec. 25.264(a) through (e) of our rules to extend this requirement to
FSS applicants proposing space-to-Earth transmissions in the 17.3-17.8
GHz band. We seek comment on this approach as well as whether it would
serve the public interest to adopt a modified data submission process
instead. We also seek comment on whether we should retain, update, or
modify any part of the process for 17/24 GHz BSS applicants.
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\56\ Initially the Commission's rules required analytical data
to be included at the time of application, and measured data was
required nine months prior to launch. The Commission later amended
Sec. 25.264 of our rules to provide 17/24 GHz BSS applicants and
licensees greater flexibility, and to allow for finalization of
antenna design. See Part 25 Second Report and Order, 30 FCC Rcd at
14816, paragraphs 329-330.
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In its comments to the Part 25 Second Report and Order, SIA argued
that Sec. 25.264(c) should be revised to permit acceptance of
simulated antenna gain data in place of measured data to afford
applicants additional technical flexibility. In that Order, the
Commission acknowledged that strict compliance with Sec. 25.264(c) has
proven difficult for some applicants. At that time, however, we
declined to adopt SIA's proposal to accept simulated data in place of
gain measurements, as the record contained insufficient information to
determine whether the simulated data would replicate the accuracy of
the required measurements. To evaluate whether to permit the use of
simulated data in place of gain measurements in this instance, we seek
comment on whether and how we should modify the two-part submission
process to also accept simulated data in lieu of measured data. We ask
what requirements we should place on the simulated data to ensure
accuracy of required calculations and effectiveness of our rules. Are
there specific software programs that should be specified, or certain
input assumptions, conditions or other parameters that we should
specify? In addition to the resulting gain and PFD levels, what
information should we require applicants to include with their showing,
e.g., specific input assumptions, conditions or other parameters? If
the Commission decides to accept simulated off-axis gain and associated
PFD data, what other changes to our rules may be necessary. For
example, is it necessary to retain the two-part information showing, or
is a single simulation output sufficient? If so, at what point in the
process should this information be submitted?
Would accepting simulated gain and PFD data obviate a need to
reduce the angular ranges over which such measurements are made, based
on its ability to alleviate the difficulties applicants and licensees
experience in providing measured data? Or rather, would an increased
orbital separation between space-to-Earth transmitting FSS or BSS and
DBS space stations alleviate concerns associated with relying upon
simulated off-axis gain data for determining likelihood of inference,
recognizing that at increased longitudinal separation, the likelihood
for space path interference is significantly diminished?
To demonstrate that the coordination trigger is not exceeded, Sec.
25.264(a)(6) and (b)(4) of our rules require submission of PFD
information calculated from the antenna off-axis gain data. The timing
of PFD data submission is tied to the critical design review (CDR)
process,\57\ a former satellite milestone requirement that was defined
to be two years after the license grant. In the Part 25 Second Report
and Order, however, the Commission eliminated all interim milestone
requirements, including CDR, thereby creating some uncertainty with
regard to the timing of PFD submission requirements. To correct this,
we propose to replace the phrase ``within 60 days after completion of
critical design review'' with a requirement to submit information
``within two years after license grant'' in these rule sections. We
seek comment on our proposed changes.
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\57\ In bounding the timing of PFD information submissions by
the critical design review process, the Commission sought to permit
licensees to provide gain and PFD predictions at a point when
spacecraft design would be more mature, believing that predictions
made at that point would generally be more reliable than predictions
made at the application stage. Comprehensive Review of Licensing and
Operating Rules for Satellite Services, IB Docket No. 12-267,
Further Notice of Proposed Rulemaking, 29 FCC Rcd 12116, 12166,
paragraph 177 (2014) (Part 25 Further Notice).
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Measures To Mitigate Ground Path Interference
In the 17.3-17.8 GHz band, receiving FSS earth stations will be
vulnerable to ground path interference from the Earth-to-space
transmissions from nearby co-frequency DBS feeder link earth
stations.\58\ Section 25.203(m) of our rules contains requirements to
mitigate ground path interference from DBS feeder links into BSS earth
stations operating in the 17/24 GHz BSS. If FSS receiving earth
stations are permitted to operate in the band with protected status
with respect to DBS feeder link earth stations, then we will need to
adopt analogous protection requirements. Below, we propose generally to
apply the same coordination approach that the Commission adopted to
facilitate operations between DBS and 17/24 GHz FSS earth stations to
receiving FSS earth stations. We propose to apply this coordination
approach to FSS earth stations in the entire 17.3-17.8 GHz band,
although in the 17.7-17.8 GHz band such earth stations will not be
entitled to protection from fixed service stations. As discussed below,
we seek comment on modifications to the parameters used with the ITU
Radio Regulations Appendix 7 coordination methodology \59\ to account
for differences between the receiving antennas in the two services.
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\58\ Ground path interference arises in reverse-band sharing
scenarios when the off-axis uplinked signals transmitted by one
earth station are detected by the receiving antenna of a nearby co-
frequency earth station. It is analogous to space path interference
which arising between co-frequency space stations as discussed
above. As with space path interference, the severity of ground path
interference will depend upon the transmitted signal power level,
the off-axis gain discrimination characteristics of the transmitting
and receiving antennas, and the specific orientation of, and
separation between, the transmitting and receiving antennas on both
earth stations. In addition, local geography can also influence
ground path interference levels.
\59\ ITU Radio Regulations, Appendix 7 at section 3; Table 9b of
Annex 7.
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SES argues that 17 GHz FSS downlinks readily fit into the existing
17/24 GHz BSS regulatory structure and will not constrain the placement
of additional future DBS feeder link facilities. SES points out that
all existing DBS feeder link sites are grandfathered and permitted to
make modest changes, and that entities seeking to establish protected
17 GHz FSS receiving earth stations would select locations well away
from current DBS feeder link facilities.\60\ We propose generally to
amend Sec. 25.203(m) of our rules to include receiving FSS earth
stations in the rules. We seek comment on this approach and on any
unforeseen effects it may have on incumbent DBS operations. We also
recognize that there are some differences between BSS receiving earth
stations and those FSS stations that may operate in the band, and we
ask commenters for input on if, and how, these differences might need
[[Page 7670]]
to be accounted for in any rule modifications. We recognize, for
example, that receiving FSS and BSS earth stations will have different
antenna performance characteristics,\61\ and unlike 17/24 GHz BSS earth
stations, FSS earth stations entitled to protection from DBS feeder
link earth stations will not be ubiquitously deployed.
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\60\ SES Petition at 6-7. SES further argues that the gateway-
type receiving FSS earth stations it contemplates would be fewer in
number and more resistant to interference than the ubiquitously
deployed 17/24 GHz BSS earth stations now permitted in the band. Id.
\61\ 17/24 GHz BSS receiving antennas no smaller than 45 cm in
diameter are protected from interference only to the extent that
they conform to the criteria stated in ITU-R Recommendation BO.1213-
1. 47 CFR 25.224(a).
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Upgrades and Modifications to Grandfathered DBS Facilities. In the
17/24 GHz Ground Path Report and Order the Commission grandfathered
existing DBS earth station sites and adopted a two-pronged approach to
allow existing DBS feeder link operators to modify or add antennas to
their networks at these sites. Under that approach, the aggregate PFD
resulting from the new or modified operations cannot exceed the PFD
generated by the existing station measured at any point between three
and ten meters above the ground. In addition, any new earth station
antenna must be located within one kilometer of an existing authorized
DBS feeder link earth station antenna. Otherwise, the new or modified
earth station is subject to the coordination procedures in Sec.
25.203(m) of our rules, which are discussed below. We propose to retain
this grandfathered status for existing DBS feeder link earth stations
relative to FSS receiving earth stations, and to apply to FSS the same
criteria for permitting DBS operators to modify or add antennas to
their existing networks. We seek comment on these proposals.
Coordination between DBS and FSS Receiving Earth Stations. The
Commission's rules include a coordination methodology to permit
licensing of new DBS feeder link earth stations in the 17.3-17.8 GHz
band while protecting co-frequency receiving BSS earth stations in the
17.3-17.7 GHz band. This rule requires a DBS operator with a new or
modified earth station to complete frequency coordination with existing
and planned 17/24 GHz BSS receive earth stations within an established
coordination zone around its proposed site using the methodology
outlined in Appendix 7 of the ITU Radio Regulations.\62\ Section
25.203(m) of our rules contains specific parameter values to be used in
determining this coordination zone.\63\ These parameters however, were
adopted based on the characteristics of BSS receiving earth stations,
and we do not believe that they are necessarily appropriate to use in
calculating the coordination zone relative to receiving FSS earth
stations. Thus, we propose to modify Sec. 25.203(m)(1) to include new
values for use in coordination of DBS feeder link earth stations
relative to FSS earth stations. We seek comment on this conclusion and
on whether different parameter values should be included in our rules,
and on what these values should be. For example, parameters such as the
link performance margin (Ms), receiver noise temperature
(Te) and receiving antenna gain parameters (Gm,
Gr) are specific to BSS systems.
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\62\ 17/24 GHz Ground Path Report and Order, 32 FCC Rcd at 3710-
11, paragraphs 15-17, and 47 CFR 25.203(m)(1). The ITU methodologies
are described in section 2-3 to Annex 5 of Appendix 7 of the ITU
Radio Regulations and define techniques for calculating a
coordination area around a transmitting earth station. The
methodologies make use of additional parameters defined in Table 9b
to Annex 7, which includes the modulation type of the receiving
earth station, various receiving earth station interference
parameters and criteria, receiving earth station physical
characteristics, reference bandwidth and permissible interference
power levels.
\63\ 47 CFR 25.203(m)(1). These parameters were adopted in the
17/24 GHz Ground Path Report and Order, 32 FCC Rcd at 3710-11,
paragraphs 15-17, as Table 9b of Annex 7 to Appendix 7 did not
include all the values necessary to make the required calculations.
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In addition, our rules identify certain information that applicants
proposing new DBS feeder link earth station must provide to a third-
party coordinator to resolve any potential interference issues with
affected 17/24 GHz BSS receiving stations prior to licensing. We
believe that the same information should also be provided to a third-
party coordinator to enable coordination with affected FSS receiving
earth stations in the 17.3-17.8 GHz band. Accordingly, we propose to
apply Sec. 25.203(m)(2) to FSS with no additional changes to the
requested information. We seek comment on this proposal. The requested
information is as follows:
The geographical coordinates of the proposed earth station
antenna(s);
Proposed operating frequency band(s) and emission(s);
Antenna diameter (meters);
Antenna center height above ground and ground elevation
above mean sea level;
Antenna gain pattern(s) in the plane of the main beam;
Longitude range of geostationary satellite orbit (GSO)
satellites at which an antenna may be pointed;
Horizon elevation plot;
Antenna horizon gain plot(s) determined in accordance with
the procedure in section 2.1 of Annex 5 to Appendix 7 of the ITU Radio
Regulations;
Minimum elevation angle;
Maximum equivalent isotropically radiated power (e.i.r.p.)
density in the main beam in any one-megahertz band;
Maximum available RF transmit power density in any one-
megahertz band at the input terminals of the antenna(s); and
A plot of the coordination distance contour(s) and rain
scatter coordination distance contour(s) as determined by Table 2 of
section 3 to Appendix 7 of the ITU Radio Regulations.
DBS operators needing to coordinate with 17.3-17.8 GHz receiving
FSS earth station operations must be able to determine those locations
at which coordination is required. Receive-only earth stations are
generally not required to apply for a license or to be registered with
the Commission, although they may do so in accordance with the
provisions of Sec. 25.115(b) of our rules, to receive interference
protection from terrestrial service in bands shared co-equally with the
fixed service. We seek comment on how to facilitate coordination with
DBS operators and to ensure protection from DBS feeder link earth
station ground path interference. We propose that interference
protection will be afforded to individual FSS receiving earth stations
from DBS feeder link transmissions only if they have been licensed with
the Commission, and we propose to amend Sec. 25.203(m)(3) of our rules
to reflect this requirement. We seek comment on these proposals.
We propose, however, to allow blanket licensed FSS earth stations
(other than earth stations in motion (ESIMs)) on a non-protected basis
in the 17.3-17.8 GHz band and propose to amend Sec. 25.115(e) to
reflect this. We seek comment on this proposal. SES asserts that the
17.3-17.7 GHz FSS downlink spectrum is needed to accommodate gateway
operations, while other FSS bands would be used for ubiquitously
deployed user terminals. SES further argues that sharing with incumbent
services in the 17.3-17.7 GHz band is feasible in part because such
gateway-type FSS earth stations would be fewer in number and more
resistant to interference than the widely-dispersed consumer terminals.
Given the already complex reverse-band sharing situation in the band,
we seek comment on whether extending protection to ubiquitously
deployed earth stations in yet another service could unduly constrain
incumbent users. Commenters should discuss any consequences that may
unduly constrain incumbent services as well as any benefits of allowing
non-protected blanket licensed earth stations in the 17.3-17.8 GHz
band.
[[Page 7671]]
In its comments AT&T asserts that we should make clear that any use
of the 17.3-17.7 GHz band for FSS downlinks would be limited to fixed
earth stations. In reply, SES argues that the Commission should decline
to prejudge this issue at the Notice stage, but rather should invite
comment on the range of services that can effectively be provided by
FSS in the band while remaining consistent with reasonable requirements
to protect incumbent 17/24 GHz BSS and DBS operations. While receiving
FSS earth stations in the 17.3-17.8 GHz band should not pose an
interference threat to incumbent DBS, 17/24 GHz BSS, or fixed service
operations in the band, ESIMs could unduly constrain incumbent services
if there is a requirement to protect receiving ESIM stations in the
band.
At this time, we do not propose to amend Sec. 25.202(a)(8) or (10)
of our rules to permit operation of ESIMs in the 17.3-17.8 GHz band. We
ask, however, whether such a modification could increase FSS operators'
flexibility to use the band more efficiently, while still protecting
and allowing sufficient flexibility for the operations of incumbent
services. If so, what other modifications to our rules might be
required to permit operation of ESIMs while protecting incumbent
services and not imposing any undue constraints on their current and
future operations in the band. The U.S. Table now includes footnotes in
certain frequency bands that expressly preclude ESIMs from claiming
protection from the transmissions of non-Federal stations in the fixed
service.\64\ Would it be reasonable, for example, to allow ESIMs to
receive FSS transmissions in the band if they were similarly denied
protection from co-frequency DBS feeder link transmissions? We seek
comment on this possibility, and on any consequences that may result to
incumbent services. Commenter should discuss any benefits and costs of
allowing ESIMs, including consequences affecting current and future use
of the band by the incumbent satellite and fixed services.
---------------------------------------------------------------------------
\64\ See e.g., 47 CFR 2.106, nn. NG457A and NG527A.
---------------------------------------------------------------------------
Finally, we ask whether there are any other measures we should
adopt in this proceeding to protect FSS receiving earth stations from
DBS feeder link transmissions in the 17.3-17.8 GHz band.
Other Proposed Rule Changes
Various conforming modifications to our rules are required as a
result of the changes proposed above. We propose to modify the
definition of a two-degree compliant space station in Sec. 25.103 to
include FSS satellites transmitting in the 17.3-17.8 GHz band. In
addition, we propose to modify Sec. 25.114 to identify 17.3-17.8 GHz
space-to-Earth FSS applicants alongside information requirements
applicable to such applications, specifically in Sec. 25.114(d)(7),
(15) and (18). We similarly propose to modify Sec. 25.115(e) to
identify the information required for receiving earth station
applicants in this band. Finally, we modify Sec. 25.117(d)(2)(v) to
permit 17.3-17.8 GHz FSS operators to modify certain restrictions that
might be associated with their licenses according to the same
procedures afforded to 17/24 GHz BSS operators. We seek comment on
these and any other needed rule changes.
Radio Astronomy. We note that current Part 25 rules include some
rules to coordinate with radio astronomy in various bands. Section
25.203(f), for example, requires any applicant for a transmitting earth
station in the vicinity of certain radio astronomy observatory sites,
including Green Bank, West Virginia, to notify the National Radio
Astronomy Observatory. We seek comment on whether there is a need for
any measures, other than those in the current rules, that the
Commission should consider with respect to radio astronomy in the
adjacent 17.2-17.3 GHz band.
Defining the Extended Ka-Band and Creating Rules for Routine License
Application Processing in This Band
In the Part 25 Second Report and Order, the Commission adopted
definitions for conventional and extended C-bands, conventional and
extended Ku-bands and the conventional Ka-band. At the same time, the
Commission extended routine licensing processing criteria with respect
to off-axis EIRP density limits for conventional C- and Ku-band earth
stations in Sec. 25.218 to earth station operations in the extended C-
and Ku-bands. Although at that time the Commission neither defined the
extended Ka-band nor extended routine licensing processing criteria to
any such frequencies, we propose to do so now.
Definition of Extended Ka-band. We propose to define the extended
Ka-band in Sec. 25.103 as 17.3-18.3 GHz (space-to-Earth), 18.8-19.4
GHz (space-to-Earth), 19.6-19.7 GHz (space-to-Earth), 27.5-28.35 GHz
(Earth-to-space) and 28.6-29.1 GHz, (Earth-to-space). These are
frequency bands that include either primary or secondary allocations to
the GSO FSS, apart from the conventional Ka-band \65\ and those bands
where FSS use is limited solely to MSS feeder links.\66\ We seek
comment on this proposal.
---------------------------------------------------------------------------
\65\ The conventional Ka-band includes the 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) frequency bands.
\66\ These include the 19.4-19.6 GHz (space-to-Earth) and 29.1-
29.25 GHz (Earth-to-space) frequency bands.
---------------------------------------------------------------------------
Routine License Application Processing Criteria for Extended Ka-
band Earth Stations. Our current rules contain no provisions to afford
``routine'' license application processing to earth stations seeking to
operate in extended Ka-band frequencies.\67\ We propose to extend the
routine license application processing criteria for conventional Ka-
band earth stations contained in Sec. 25.218(i) to extended Ka-band
earth stations communicating with GSO space stations. We propose
modifications to Sec. 25.218(a) and (j) consistent with this approach.
Routine license application processing criteria with respect to off-
axis EIRP density limits specified in the rules will expedite
processing of earth station applications for these bands and are
consistent with our earlier decision to adopt such routine processing
limits for space station transmissions in the extended C- and Ku-bands.
We seek comment on this proposal.\68\
---------------------------------------------------------------------------
\67\ See 47 CFR 25.218 (allowing certain earth station
applications to be ``routinely'' processed in certain frequency
bands if the applicant certifies that the aggregate off-axis EIRP
density will not exceed the off-axis EIRP density limits specified
in this rule).
\68\ We note that nothing in this ``routine'' license
application process proposal should be construed as affecting or
modifying any other applicable rules and obligations, including for
example the criteria in Section 25.136 governing earth station
siting rules applicable to FSS earth stations in the 27.5-28.35 GHz
band. See 47 CFR 25.136.
---------------------------------------------------------------------------
In addition, Sec. 25.212(e) affords an alternative approach to
routine license application processing of FSS earth stations
transmitting to GSO satellites in the conventional Ka-band that permits
such applicants to demonstrate compliance with off-axis gain and
accompanying input power density levels. Accordingly, we propose to
extend this approach to earth station applicants seeking to operate in
the extended Ka-bands by modifying Sec. 25.212(e) and (h) \69\ to
permit such applicants to similarly demonstrate compliance with the
off-axis gain requirements in Sec. 25.209(a) and (b) combined with an
input power density limit of 3.5 dBW/MHz. We also propose
[[Page 7672]]
modifications to Sec. 25.209(a) and (b) to extend the Ka-band off-axis
antenna gain requirements across the full 27.5-30 GHz band, and to
reference these alternative routine license application processing
requirements in Sec. 25.115(g), (k), and Sec. 25.220(a). We seek
comment on these proposals.
---------------------------------------------------------------------------
\69\ 47 CFR 25.212(h). This section addresses an alternative
rules section for earth station applications that do not qualify for
routine licensing. It requires a consequential modification to
include reference to the extended Ka-band.
---------------------------------------------------------------------------
Procedural Matters
Initial Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act (RFA),\70\ the
Commission has prepared this Initial Regulatory Flexibility Analysis
(IRFA) of the possible significant economic impact on small entities by
the policies and rules proposed in this Notice of Proposed Rulemaking
(NPRM). We request written public comments on this IRFA. Commenters
must identify their comments as responses to the IRFA and must file the
comments by the deadlines for comments on the NPRM provided above in
section IV.B. The Commission will send a copy of the NPRM, including
this IRFA, to the Chief Counsel for Advocacy of the Small Business
Administration.\71\ In addition, summaries of the NPRM and IRFA will be
published in the Federal Register.\72\
---------------------------------------------------------------------------
\70\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has
been amended by the Contract With America Advancement Act of 1996,
Public Law 104-121, Title II, 110 Stat. 847 (1996) (CWAAA).
\71\ See 5 U.S.C. 603(a).
\72\ Id.
---------------------------------------------------------------------------
A. Need for, and Objectives of, the Proposed Rules
The NPRM seeks comment on several proposals relating to the
Commission's allocation of frequency bands for use by the Fixed-
Satellite Service (FSS) and technical rules and policies for preventing
harmful interference between stations operating in the Fixed-Satellite
Service and stations operating in the Digital Broadcasting Satellite
(DBS) Service and the Broadcasting-Satellite Service (BSS). Adoption of
the proposed changes would, among other things, permit the use of the
17.3-17.8 GHz band in the space-to-Earth direction by stations in the
Fixed-Satellite Service.
B. Legal Basis
The proposed action is authorized under sections 4(i), 7(a),
303(c), 303(f), 303(g), and 303(r) of the Communications Act of 1934,
as amended, 47 U.S.C. 154(i), 157(a), 303(c), 303(f), 303(g), 303(r).
C. Description and Estimate of the Number of Small Entities To Which
the Proposed Rules May Apply
The RFA directs agencies to provide a description of, and, where
feasible, an estimate of, the number of small entities that may be
affected by adoption of proposed rules.\73\ The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' \74\ In addition, the term ``small business'' has the
same meaning as the term ``small business concern'' under the Small
Business Act.\75\ A small business concern is one which: (1) Is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
Small Business Administration (SBA).\76\ Below, we describe and
estimate the number of small entity licensees that may be affected by
adoption of the proposed rules.
---------------------------------------------------------------------------
\73\ 5 U.S.C. 604(a)(3).
\74\ 5 U.S.C. 601(6).
\75\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the
RFA, the statutory definition of a small business applies ``unless
an agency, after consultation with the Office of Advocacy of the
Small Business Administration and after opportunity for public
comment, establishes one or more definitions of such term which are
appropriate to the activities of the agency and publishes such
definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
\76\ Small Business Act, 15 U.S.C. 632 (1996).
---------------------------------------------------------------------------
Satellite Telecommunications. This category comprises firms
``primarily engaged in providing telecommunications services to other
establishments in the telecommunications and broadcasting industries by
forwarding and receiving communications signals via a system of
satellites or reselling satellite telecommunications.'' \77\ Satellite
telecommunications service providers include satellite and earth
station operators. The category has a small business size standard of
$35 million or less in average annual receipts, under SBA rules.\78\
For this category, U.S. Census Bureau data for 2012 show that there
were a total of 333 firms that operated for the entire year.\79\ Of
this total, 299 firms had annual receipts of less than $25 million.\80\
Consequently, we estimate that the majority of satellite
telecommunications providers are small entities.
---------------------------------------------------------------------------
\77\ See U.S. Census Bureau, 2017 NAICS Definition, ``517410
Satellite Telecommunications'', https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=517410&search=2017+NAICS+Search&search=2017.
\78\ See 13 CFR 121.201, NAICS Code 517410.
\79\ See U.S. Census Bureau, 2012 Economic Census of the United
States, Table ID: EC1251SSSZ4, Information: Subject Series--Estab
and Firm Size: Receipts Size of Firms for the U.S.: 2012, NAICS Code
517410, https://data.census.gov/cedsci/table?text=EC1251SSSZ4&n=517410&tid=ECNSIZE2012.EC1251SSSZ4&hidePreview=false&vintage=2012.
\80\ Id. The available U.S. Census Bureau data does not provide
a more precise estimate of the number of firms that meet the SBA
size standard.
---------------------------------------------------------------------------
All Other Telecommunications. The ``All Other Telecommunications''
category is comprised of establishments primarily engaged in providing
specialized telecommunications services, such as satellite tracking,
communications telemetry, and radar station operation.\81\ This
industry also includes establishments primarily engaged in providing
satellite terminal stations and associated facilities connected with
one or more terrestrial systems and capable of transmitting
telecommunications to, and receiving telecommunications from, satellite
systems.\82\ Establishments providing internet services or voice over
internet protocol (VoIP) services via client-supplied
telecommunications connections are also included in this industry.\83\
The SBA has developed a small business size standard for ``All Other
Telecommunications'', which consists of all such firms with annual
receipts of $35 million or less.\84\ For this category, U.S. Census
Bureau data for 2012 show that there were 1,442 firms that operated for
the entire year.\85\ Of those firms, a total of 1,400 had annual
receipts less than $25 million and 15 firms had annual receipts of $25
million to $49,999,999.\86\ Thus, the Commission estimates that the
majority of ``All Other Telecommunications'' firms potentially affected
by our action can be considered small.
---------------------------------------------------------------------------
\81\ See U.S. Census Bureau, 2017 NAICS Definition, ``517919 All
Other Telecommunications'', https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=517919&search=2017+NAICS+Search&search=2017.
\82\ Id.
\83\ Id.
\84\ See 13 CFR 121.201, NAICS Code 517919.
\85\ See U.S. Census Bureau, 2012 Economic Census of the United
States, Table ID: EC1251SSSZ4, Information: Subject Series--Estab
and Firm Size: Receipts Size of Firms for the U.S.: 2012, NAICS Code
517919, https://data.census.gov/cedsci/table?text=EC1251SSSZ4&n=517919&tid=ECNSIZE2012.EC1251SSSZ4&hidePreview=false.
\86\ Id. The available U.S. Census Bureau data does not provide
a more precise estimate of the number of firms that meet the SBA
size standard of annual receipts of $35 million or less.
---------------------------------------------------------------------------
We anticipate that our proposed rule changes may have an impact on
earth station and space station applicants and licensees. Space station
applicants and licensees, however, rarely qualify under the definition
of a small entity.
[[Page 7673]]
Generally, space stations cost hundreds of millions of dollars to
construct, launch, and operate. Consequently, we do not anticipate that
any space station operators are small entities that would be affected
by our proposed actions.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
The NPRM proposes and seeks comment on several rule changes that
would affect compliance requirements for space station operators. As
noted above, these parties rarely qualify as small entities.
For example, we propose to allow additional uses of the 17.3-17.8
GHz band, subject to compliance with technical limits designed to
protect other users of the bands.
In total, the proposals and questions in the NPRM are designed to
achieve the Commission's mandate to regulate in the public interest
while imposing the lowest necessary burden on all affected parties,
including small entities.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
The RFA requires an agency to describe any significant,
specifically small business, alternatives that it has considered in
reaching its proposed approach, which may include the following four
alternatives (among others): ``(1) the establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance and
reporting requirements under the rules for such small entities; (3) the
use of performance rather than design standards; and (4) an exemption
from coverage of the rule, or any part thereof, for such small
entities.'' \87\
---------------------------------------------------------------------------
\87\ 5 U.S.C. 603(c)(1)-(4).
---------------------------------------------------------------------------
The NPRM seeks comment from all interested parties. The Commission
is aware that some of the proposals under consideration may impact
small entities. Small entities are encouraged to bring to the
Commission's attention any specific concerns they may have with the
proposals outlined in the NPRM.
The Commission expects to consider the economic impact on small
entities, as identified in comments filed in response to the NPRM, in
reaching its final conclusions and taking action in this proceeding.
In this NPRM, the Commission invites comment on adding an
allocation in the 17.3-17.8 GHz band to permit the use of the band by
the Fixed-Satellite Service in the space-to-Earth direction, along with
technical rules to prevent harmful interference between the FSS, DBS,
and BSS. Overall, the proposals in the NPRM seek to increase the use of
the 17.3-17.8 GHz band by satellite services while maintaining adequate
protections against interference.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
None.
Ordering clauses
Accordingly, it is ordered that, pursuant to Sections 4(i), 7(a),
303(c), 303(f), 303(g), and 303(r) of the Communications Act of 1934,
as amended, 47 U.S.C. 154(i), 157(a), 303(c), 303(f), 303(g), 303(r),
this Notice of Proposed Rulemaking is hereby adopted.
It is further ordered that the Petition for Rulemaking filed by SES
in the Commission's rulemaking proceeding RM-11839 is granted to the
extent specified herein, that RM-11839 is incorporated into this
proceeding, IB Docket No. 20-330, and that RM-11839 is terminated.
It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center will send a
copy of this Notice of Proposed Rulemaking, including the initial
regulatory flexibility analysis, to the Chief Counsel for Advocacy of
the Small Business Administration, in accordance with Section 603(a) of
the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.
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.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 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. Revise page 52;
0
b. In the list of United States (US) Footnotes, remove footnote US271
and revise footnote US402; and
0
c. In the list of Non-Federal Government (NG) Footnotes, add footnote
NG58 and remove footnote NG163.
The additions and revisions read as follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
BILLING CODE 6712-01-P
[[Page 7674]]
[GRAPHIC] [TIFF OMITTED] TP01FE21.000
BILLING CODE 6712-01-C
[[Page 7675]]
* * * * *
United States (US) Footnotes
* * * * *
US402 In the band 17.3-17.7 GHz, existing Federal satellites and
associated earth stations in the fixed-satellite service (Earth-to-
space) are authorized to operate on a primary basis in the frequency
bands and areas listed below. Non-Federal receiving earth stations in
the broadcasting-satellite and fixed-satellite services within the
bands and areas listed below shall not claim protection from Federal
earth stations in the fixed-satellite service.
(a) 17.600-17.700 GHz for stations within a 120 km radius of
38[deg]49' N latitude and 76[deg]52' W longitude.
(b) 17.375-17.475 GHz for stations within a 160 km radius of
39[deg]42' N latitude and 104[deg]45' W longitude.
* * * * *
Non-Federal Government (NG) Footnotes
* * * * *
NG58 In the band 17.3-17.8 GHz, the following provisions shall
apply to the broadcasting-satellite and fixed-satellite services:
(a) The use of the band 17.3-17.8 GHz by the broadcasting-satellite
and fixed-satellite (space-to-Earth) services is limited to
geostationary satellites.
(b) The use of the 17.7-17.8 GHz band by the broadcasting-satellite
service is limited to receiving earth stations located outside of the
United States and its insular areas.
(c) The use of the band 17.3-17.8 GHz by the fixed-satellite
service (Earth-to-space) is limited to feeder links for broadcasting-
satellite service.
(d) Earth stations in the fixed-satellite service (space-to-Earth)
in the 17.7-17.8 GHz band shall not claim protection from stations in
the fixed service that operate in that band.
* * * * *
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 adding, in alphabetical order, a definition
for ``Extended Ka-Band'' and revising the definition of ``Two-degree-
compliant space station'' to read as follows:
Sec. 25.103 Definitions.
* * * * *
Extended Ka-band. The 17.3-18.3 GHz (space-to-Earth), 18.8-19.4 GHz
(space-to-Earth), 19.6-19.7 GHz (space-to-Earth), 27.5-28.35 GHz
(Earth-to-space), and 28.6-29.1 GHz (Earth-to-space) FSS frequency
bands.
* * * * *
Two-degree-compliant space station. A GSO FSS space station
operating in the conventional or extended C-bands, the conventional or
extended Ku-bands, the 24.75-25.25 GHz band, or the conventional or
extended Ka-bands within the limits on downlink EIRP density or PFD
specified in Sec. 25.140(a)(3) or (b)(3) and communicating only with
earth stations operating in conformance with routine uplink parameters
specified in Sec. 25.211(d), Sec. 25.212(c), (d), or (f), or Sec.
25.218.
* * * * *
0
5. Amend Sec. 25.114 by revising paragraphs (d)(7), (15) and (18) to
read as follows:
Sec. 25.114 Applications for space station authorizations.
* * * * *
(d) * * *
(7) Applicants for authorizations for space stations in the Fixed-
Satellite Service, including applicants proposing feeder links for
space stations operating in the 17/24 GHz Broadcasting-Satellite
Service, must also include the information specified in Sec.
25.140(a). Applicants for authorizations for space stations in the 17/
24 GHz Broadcasting-Satellite Service or applicants seeking
authorization for FSS space stations transmitting in the 17.3-17.8 GHz
band (space-to-Earth), must also include the information specified in
Sec. 25.140(b);
* * * * *
(15) Each applicant for a space station license in the 17/24 GHz
Broadcasting-Satellite Service or the FSS transmitting in the 17.3-17.8
GHz band, shall include the following information as an attachment to
its application:
(i) If the applicant proposes to operate in the 17.3-17.8 GHz band,
a demonstration that the proposed space station will comply with the
applicable power flux density limits in Sec. 25.140(a)(3)(iii) or
(b)(3) unless the applicant provides a certification under paragraph
(d)(15)(ii) of this section.
(ii) In cases where the proposed space station will not comply with
the applicable power flux density limits set forth in Sec.
25.140(a)(3)(iii) or (b)(3), the applicant will be required to provide
a certification that all potentially affected parties acknowledge and
do not object to the use of the applicant's higher power flux
densities. The affected parties with whom the applicant must coordinate
are those GSO 17/24 GHz BSS satellite networks or FSS satellite
networks with space stations transmitting in the 17.3-17.8 GHz band
that are located up to 6[deg] away. Excesses of more than 3
dB above the applicable power flux density levels specified in Sec.
25.140(a)(3)(iii) or (b)(3), must also be coordinated with 17/24 GHz
BSS satellite networks located up to 10[deg] away.
(iii) Any information required by Sec. 25.264(a)(6), (b)(4), or
(d).
* * * * *
(18) For space stations in the Direct Broadcast Satellite service,
the 17/24 GHz Broadcasting-Satellite Service, or FSS space stations
transmitting in the 17.3-17.8 GHz band, maximum orbital eccentricity.
0
6. Amend Sec. 25.115 by revising paragraphs (e), (g) and (k)(1) to
read as follows:
Sec. 25.115 Applications for earth station authorizations.
* * * * *
(e) GSO FSS earth stations in 17.3-30 GHz. (1) An application for a
GSO FSS earth station license in the 17.3-19.4 GHz, 19.6-20.2 GHz,
27.5-29.1 GHz, or 29.25-30 GHz bands not filed on FCC Form 312EZ
pursuant to paragraph (a)(2) of this section must be filed on FCC Form
312, Main Form and Schedule B, and must include any information
required by paragraphs (a)(5) through (10) or (g) or (j) of this
section.
(2) Individual or blanket license applications may be filed for
operation in the 17.3-17.8 GHz band; however, blanket licensed earth
stations shall operate on an unprotected basis with respect to DBS
feeder link earth stations. All receiving FSS earth stations shall
operate on an unprotected basis with respect to the Fixed Service in
the 17.7-17.8 GHz band.
* * * * *
(g) Applications for earth stations that will transmit to GSO space
stations in any portion of the 5850-6725 MHz, 13.75-14.5 GHz, 24.75-
25.25 GHz, 27.5-29.1 GHz, or 29.25-30.0 GHz bands must include, in
addition to the particulars of operation identified on FCC Form 312 and
associated Schedule B, the information specified in either paragraph
(g)(1) or (2) of this section for each earth station antenna type.
* * * * *
(k)(1) Applicants for FSS earth stations that qualify for routine
processing in the conventional or extended C-bands, the conventional or
extended Ku-bands, the conventional or extended Ka-bands, or the 24.75-
25.25 GHz band, including ESV applications
[[Page 7676]]
filed pursuant to paragraph (m)(1) or (n)(1) of this section, VMES
applications filed pursuant to paragraph (m)(1) or (n)(1) of this
section, and ESAA applications filed pursuant to paragraph (m)(1) or
(n)(1) of this section, may designate the Permitted Space Station List
as a point of communication. Once such an application is granted, the
earth station operator may communicate with any space station on the
Permitted Space Station List, provided that the operation is consistent
with the technical parameters and conditions in the earth station
license and any limitations placed on the space station authorization
or noted in the Permitted Space Station List.
(2) Notwithstanding paragraph (k)(1) of this section, an earth
station that would receive signals in the 17.7-20.2 GHz band may not
communicate with a space station on the Permitted Space Station List in
that band until the space station operator has completed coordination
under Footnote US334 to Sec. 2.106 of this chapter.
* * * * *
0
7. Amend Sec. 25.117 by revising paragraph (d)(2)(v) to read as
follows:
Sec. 25.117 Modification of station license.
* * * * *
(d) * * *
(2) * * *
(v) Any operator of a space station transmitting in the 17.3-17.8
GHz band, whose license is conditioned to operate at less than the
power level otherwise permitted by Sec. 25.140(a)(3)(iii) and/or
(b)(3), and is conditioned to accept interference from a neighboring
17/24 GHz BSS space station, may file a modification application to
remove those two conditions in the event that the license for that
neighboring space station is cancelled or surrendered. In the event
that two or more such modification applications are filed, and those
applications are mutually exclusive, the modification applications will
be considered on a first-come, first-served basis pursuant to the
procedure set forth in Sec. 25.158.
* * * * *
0
8. Amend Sec. 25.140 by revising paragraphs (a)(2), (a)(3)(iii),
(b)(3) through (5), and (d) introductory text to read as follows:
Sec. 25.140 Further requirements for license applications for GSO
space station operation in the FSS and the 17/24 GHz BSS.
(a) * * *
(2) In addition to the information required by Sec. 25.114, an
applicant for GSO FSS space station operation, including applicants
proposing feeder links for space stations operating in the 17/24 GHz
BSS, that will be located at an orbital location less than two degrees
from the assigned location of an authorized co-frequency GSO space
station, must either certify that the proposed operation has been
coordinated with the operator of the co-frequency space station or
submit an interference analysis demonstrating the compatibility of the
proposed system with the co-frequency space station. Such an analysis
must include, for each type of radio frequency carrier, the link noise
budget, modulation parameters, and overall link performance analysis.
(See Appendices B and C to Licensing of Space Stations in the Domestic
Fixed-Satellite Service, FCC 83-184, and the following public notices,
copies of which are available in the Commission's EDOCS database,
available at https://www.fcc.gov/edocs: DA 03-3863 and DA 04-1708.) The
provisions in this paragraph do not apply to proposed analog video
operation, which is subject to the requirement in paragraph (a)(1) of
this section. Proposed GSO FSS space-to-Earth transmissions in the
17.3-17.8 GHz band are subject to the requirements of paragraphs (b)(4)
and (5) of this section with respect to possible interference into 17/
24 GHz BSS networks. Proposed GSO FSS space-to-Earth transmissions in
the 17.3-17.8 GHz band are subject to the requirements of Sec. 25.264
with respect to possible interference to the reception of DBS feeder
link transmissions (Earth-to-space) in this band.
(3) * * *
(iii) With respect to proposed operation in the conventional or
extended Ka-bands, a certification that the proposed space station will
not generate power flux density at the Earth's surface in excess of the
limits in paragraphs (a)(iii)(A) and (B) of this section, and that
associated uplink operation will not exceed applicable EIRP density
envelopes in Sec. 25.218(i) unless the non-routine uplink and/or
downlink operation is coordinated with operators of authorized co-
frequency space stations at assigned locations within six degrees of
the orbital location and except as provided in paragraph (d) of this
section.
(A) -118 dBW/m\2\/MHz, except as provided in paragraph (a)(iii)(B)
of this section.
(B) For space-to-Earth FSS transmissions in the 17.3-18.8 GHz band
in the region of the contiguous United States, located west of 100 West
Longitude: -121 dBW/m\2\/MHz.
* * * * *
(b) * * *
(3) An applicant for a license to operate a 17/24 GHz BSS space
station transmitting in the 17.3-17.8 GHz band must certify that the
downlink power flux density on the Earth's surface will not exceed the
regional power flux density limits given in paragraphs (b)(3)(i)
through (iv) of this section, or must provide the certification
specified in Sec. 25.114(d)(15)(ii):
(i) In the region of the contiguous United States, located south of
38[deg] North Latitude and east of 100[deg] West Longitude: -115 dBW/
m\2\/MHz.
(ii) In the region of the contiguous United States, located north
of 38[deg] North Latitude and east of 100[deg] West Longitude: -118
dBW/m\2\/MHz.
(iii) In the region of the contiguous United States, located west
of 100[deg] West Longitude: -121 dBW/m\2\/MHz.
(iv) For all regions outside of the contiguous United States
including Alaska and Hawaii: -115 dBW/m\2\/MHz.
(4) Except among applicants for FSS space-to-Earth transmissions in
the 17.3-17.8 GHz band, where the requirements of paragraph (a)(2) of
this section apply, a 17/24 GHz BSS or FSS applicant for a space
station transmitting in the 17.3-17.8 GHz band to be located less than
four degrees from a previously authorized or proposed space station
transmitting in the 17.3-17.8 GHz band, must either certify that the
proposed operation has been coordinated with the operator of the co-
frequency space station or provide an interference analysis of the kind
described in paragraph (a) of this section, except that the applicant
must demonstrate that its proposed network will not cause more
interference to the adjacent space station transmitting in the 17.3-
17.8 GHz band operating in compliance with the technical requirements
of this part, than if the applicant were located at an orbital
separation of four degrees from the previously licensed or proposed
space station.
(5) In addition to the requirements of paragraphs (b)(3) and (4) of
this section, the link budget for any satellite transmitting in the
17.3-17.8 GHz band (space-to-Earth) must take into account longitudinal
station-keeping tolerances. Any applicant for a space station
transmitting in the 17.3-17.8 GHz band that has reached a coordination
agreement with an operator of another space station to allow that
operator to exceed the pfd levels specified in Sec. 25.140(a)(3)(iii)
or (b)(3), must use those higher pfd levels for the purpose of this
showing.
* * * * *
[[Page 7677]]
(d) An operator of a GSO FSS space station in the conventional or
extended C-bands, conventional or extended Ku-bands, 24.75-25.25 GHz
band (Earth-to-space), or conventional or extended Ka-bands may notify
the Commission of its non-routine transmission levels and be relieved
of the obligation to coordinate such levels with later applicants and
petitioners.
* * * * *
0
9. Amend Sec. 25.203 by revising Table 1 to paragraph (m)(1) and
paragraph (m)(3) to read as follows:
Sec. 25.203 Choice of sites and frequencies.
* * * * *
(m) * * *
(1) * * *
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[[Page 7678]]
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[[Page 7679]]
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* * * * *
(3) Each applicant for such new or modified feeder-link earth
stations shall file with its application memoranda of coordination with
each co-frequency licensee authorized to construct BSS receive earth
stations or an individually licensed FSS receive earth station within
the coordination zone. Feeder link earth station applicants are not
required to complete coordination with blanket-licensed receiving FSS
earth stations in the 17.3-17.8 GHz band.
* * * * *
Sec. 25.208 [Amended]
0
10. Amend Sec. 25.208 by removing and reserving paragraph (w).
0
11. Amend Sec. 25.209 by revising the introductory text of paragraphs
(a)(1), (3) and (4), and (6), and (b)(1) through (3) to read as
follows:
Sec. 25.209 Earth station antenna performance standards.
(a) * * *
(1) In the plane tangent to the GSO arc, as defined in Sec.
25.103, for earth stations not operating in the conventional Ku-band,
the 24.75-25.25 GHz band, or the 27.5-30 GHz band:
* * * * *
(3) In the plane tangent to the GSO arc, for earth stations
operating in the 24.75-25.25 GHz or 27.5-30 GHz bands:
* * * * *
(4) In the plane perpendicular to the GSO arc, as defined in Sec.
25.103, for earth stations not operating in the conventional Ku-band,
the 24.75-25.25 GHz band, or the 27.5-30 GHz band:
* * * * *
(6) In the plane perpendicular to the GSO arc, for earth stations
operating in the 24.75-25.25 GHz or 27.5-30 GHz bands:
* * * * *
(b) * * *
(1) In the plane tangent to the GSO arc, for earth stations not
operating in the 24.75-25.25 GHz or 27.5-30 GHz bands:
* * * * *
(2) In the plane perpendicular to the GSO arc, for earth stations
not operating in the 24.75-25.25 GHz or 27.5-30 GHz bands:
* * * * *
(3) In the plane tangent to the GSO arc or in the plane
perpendicular to the GSO arc, for earth stations operating in the
24.75-25.25 GHz or 27.5-30 GHz bands:
* * * * *
0
12. Amend Sec. 25.210 by revising paragraph (f) to read as follows:
Sec. 25.210 Technical requirements for space stations.
* * * * *
(f) All space stations in the Fixed-Satellite Service operating in
any portion of the 3600-4200 MHz, 5091-5250 MHz, 5850-7025 MHz, 10.7-
12.7 GHz, 12.75-13.25 GHz, 13.75-14.5 GHz, 15.43-15.63 GHz, 17.3-17.8
GHz (space-to-Earth), 18.3-20.2 GHz, 24.75-25.25 GHz, or 27.5-30.0 GHz
bands, including feeder links for other space services, and in the
Broadcasting-Satellite Service in the 17.3-17.8 GHz band (space-to-
Earth), shall employ state-of-the-art full frequency reuse, either
through the use of orthogonal polarizations within the same beam and/or
the use of spatially independent beams. This requirement does not apply
to telemetry, tracking, and command operation.
* * * * *
0
13. Amend Sec. 25.212 by revising paragraphs (e) and (h) to read as
follows:
Sec. 25.212 Narrowband analog transmissions and digital
transmissions in the GSO FSS.
* * * * *
(e) An earth station may be routinely licensed for digital
transmission in the conventional or extended Ka-bands if the input
power spectral density into the antenna will not exceed 3.5 dBW/MHz and
the application includes certification pursuant to Sec. 25.132(a)(1)
of conformance with the antenna gain performance requirements in Sec.
25.209(a) and (b).
* * * * *
(h) Applications for authority for fixed earth station operation in
the conventional C-band, the extended C-band, the conventional Ku-band,
the extended Ku-band, the conventional Ka-band or the extended Ka-band
that do not qualify for routine processing under relevant criteria in
this Sec. 25.211 or 25.218 are subject to the requirements in Sec.
25.220.
0
14. Amend Sec. 25.218 by:
0
a. Revising paragraph (a);
0
b. Adding a heading for paragraph (b);
0
c. Revising paragraphs (i) and (j).
The revisions and addition read as follows:
Sec. 25.218 Off-axis EIRP density envelopes for FSS earth stations
transmitting in certain frequency bands.
(a) Applicability. 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, extended
Ka-band, or 24.75-25.25 GHz, and applications for ESIMs transmitting in
the conventional C-band, conventional Ku-band, 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.
(b) Routine Processing. * * *
* * * * *
(i) Digital earth station operation in the conventional or extended
Ka-band. (1) For co-polarized transmissions in the plane tangent to the
GSO arc:
* * * * *
(j) Non-Qualifying Applications. Applications for authority for
fixed earth station operation in the conventional C-band, extended C-
band,
[[Page 7680]]
conventional Ku-band, extended Ku-band, conventional Ka-band, extended
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
15. Amend Sec. 25.220 by revising paragraph (a) to read as follows:
Sec. 25.220 Non-routine transmit/receive earth station operations.
(a) The requirements in this section apply to applications for, and
operation of, earth stations transmitting in the conventional or
extended C-bands, the conventional or extended Ku-bands, or the
conventional or extended Ka-bands that do not qualify for routine
licensing under relevant criteria in Sec. Sec. 25.211, 25.212, or
25.218.
* * * * *
0
16. Revise Sec. 25.262 to read as follows:
Sec. 25.262 Licensing and domestic coordination requirements for 17/
24 GHz BSS space stations and FSS space stations transmitting in the
17.3-17.8 GHz band.
(a) A 17/24 GHz BSS or FSS applicant seeking to transmit in the
17.3-17.8 GHz band may be authorized to operate a space station at
levels up to the maximum power flux density limits defined below
without coordinating its power flux density levels with adjacent
licensed or permitted operators, as follows:
(i) For 17/24 GHz BSS applicants, up to the power flux density
levels specified in Sec. 25.140(b)(3) only if there is no licensed
space station, or prior-filed application for a space station
transmitting in the 17.3-17.8 GHz band at a location less than four
degrees from the orbital location at which the applicant proposes to
operate; and
(ii) For FSS space station applicants transmitting in the 17.3-17.8
GHz band, up to the maximum power flux density levels in Sec.
25.140(a)(3)(iii), only if there is no licensed 17/24 GHz BSS space
station, or prior-filed application for a 17/24 GHz BSS space station,
at a location less than four degrees from the orbital location at which
the FSS applicant proposes to operate, and there is no licensed FSS
space station, or prior-filed application for an FSS space station
transmitting in the 17.3-17.8 GHz band, at a location less than two
degrees from the orbital location at which the applicant proposes to
operate.
(b) Any U.S. licensee or permittee authorized to transmit in the
17.3-17.8 GHz band that does not comply with the applicable power flux-
density limits set forth in Sec. Sec. 25.140(a)(3)(iii) and/or
25.140(b)(3) shall bear the burden of coordinating with any future co-
frequency licensees and permittees of a space station transmitting in
the 17.3-17.8 GHz band as required in Sec. 25.114(d)(15)(ii).
(c) If no good faith agreement can be reached, the operator of the
FSS space station transmitting in the 17.3-17.8 GHz band that does not
comply with Sec. 25.140(a)(3)(iii) or the operator of the 17/24 GHz
BSS space station that does not comply with Sec. 25.140(b)(3), shall
reduce its power flux-density levels to be compliant with those
specified in Sec. Sec. 25.140(a)(3)(iii) and/or 25.140(b)(3) as
appropriate.
(d) Any U.S. licensee or permittee of a space station transmitting
in the 17.3-17.8 GHz band that is required to provide information in
its application pursuant to Sec. 25.140(a)(2) or (b)(4) must accept
any increased interference that may result from adjacent space stations
transmitting in the 17.3-17.8 GHz band that are operating in compliance
with the rules for such space stations specified in Sec. Sec.
25.140(a) and (b), 25.202(a)(9), and (e) through (g), 25.210(i) through
(j), 25.224, 25.262, 25.264(h), and 25.273(a)(3).
(e) Notwithstanding the provisions of this sections, licensees and
permittees will be allowed to apply for a license or authorization for
a replacement satellite that will be operated at the same power level
and interference protection as the satellite to be replaced.
0
17. Amend Sec. 25.264 by revising the section heading and paragraphs
(a) introductory text, (a)(1) and (2), and (6), (b) introductory text,
(b)(2) introductory text, (b)(2)(ii), (b)(3) and (4), (c), (d)
introductory text, (d)(1)(ii), (d)(2) introductory text, (e)
introductory text, (e)(1) introductory text, (e)(2) introductory text,
(e)(3), (f) introductory text, (f)(2), (g), (h) introductory text, and
(i) introductory text to read as follows:
Sec. 25.264 Requirements to facilitate reverse-band operation in the
17.3-17.8 GHz Band.
(a) Each applicant or licensee for a space station transmitting in
the 17.3-17.8 GHz band must submit a series of tables or graphs
containing predicted off-axis gain data for each antenna that will
transmit in any portion of the 17.3-17.8 GHz band, in accordance with
the following specifications. Using a Cartesian coordinate system
wherein the X axis is tangent to the geostationary orbital arc with the
positive direction pointing east, i.e., in the direction of travel of
the satellite; the Y axis is parallel to a line passing through the
geographic north and south poles of the Earth, with the positive
direction pointing south; and the Z axis passes through the satellite
and the center of the Earth, with the positive direction pointing
toward the Earth, the applicant or licensee must provide the predicted
transmitting antenna off-axis antenna gain information:
(1) In the X-Z plane, i.e., the plane of the geostationary orbit,
over a range of 10 degrees from the positive and negative X
axes in increments of 5 degrees or less.
(2) In planes rotated from the X-Z plane about the Z axis, over a
range of 20 degrees relative to the equatorial plane, in
increments of 10 degrees or less.
* * * * *
(6) The predictive gain information must be submitted to the
Commission for each license application that is filed for a space
station transmitting in any portion of the 17.3-18.8 GHz band no later
than two years after license grant for the space station.
(b) A space station applicant or licensee transmitting in any
portion of the 17.3-17.8 GHz band must submit power flux density (pfd)
calculations based on the predicted gain data submitted in accordance
with paragraph (a) of this section, as follows:
(1) * * *
(2) The calculations must take into account the aggregate pfd
levels at the DBS receiver at each measurement frequency arising from
all antenna beams on the space station transmitting in the 17.3-17.8
GHz band. They must also take into account the maximum permitted
longitudinal station-keeping tolerance, orbital inclination and orbital
eccentricity of both the space station transmitting in the 17.3-17.8
GHz band and DBS space stations, and must:
(i) * * *
(ii) Indicate the extent to which the calculated pfd of the space
station's transmissions in the 17.3-17.8 GHz band exceed the threshold
pfd level of -117 dBW/m2/100 kHz at those prior-filed U.S. DBS space
station locations.
(3) If the calculated pfd exceeds the threshold level of -117 dBW/
m2/100 kHz at the location of any prior-filed U.S. DBS space station,
the applicant or licensee must also provide with the pfd calculations a
certification that all affected DBS operators acknowledge and do not
object to such higher off-axis pfd levels. No such certification is
required in cases where the frequencies assigned to the DBS and to the
space station transmitting in the 17.3-17.8 GHz band do not overlap.
(4) The information and any certification required by paragraph (b)
of this section must be submitted to the Commission for each license
application
[[Page 7681]]
that is filed for a space station transmitting in any portion of the
17.3-17.8 GHz band no later than two years after license grant for the
space station.
(c) No later than two months prior to launch, each licensee of a
space station transmitting in any portion of the 17.3-17.8 GHz band
must update the predicted transmitting antenna off-axis gain
information provided in accordance with paragraph (a) of this section
by submitting measured transmitting antenna off-axis gain information
over the angular ranges, measurement frequencies and polarizations
specified in paragraphs (a)(1) through (5) of this section. The
transmitting antenna off-axis gain information should be measured under
conditions as close to flight configuration as possible.
(d) No later than two months prior to launch, or when applying for
authority to change the location of a space station transmitting in any
portion of the 17.3-17.8 GHz band that is already in orbit, each such
space station licensee must provide pfd calculations based on the
measured off-axis gain data submitted in accordance with paragraph (c)
of this section, as follows:
(1) * * *
(ii) At the location of any subsequently filed U.S. DBS space
station where the pfd level in the 17.3-17.8 GHz band calculated on the
basis of measured gain data exceeds -117 dBW/m\2\/100 kHz. In this
rule, the term ``subsequently filed U.S. DBS space station'' refers to
any co-frequency Direct Broadcast Satellite service space station
proposed in a license application filed with the Commission after the
operator of a space station transmitting in any portion of the 17.3-
17.8 GHz band submitted the predicted data required by paragraphs (a)
through (b) of this section but before submission of the measured data
required by this paragraph. Subsequently filed U.S. DBS space stations
may include foreign-licensed DBS space stations seeking authority to
serve the United States market. The term does not include any
applications (or authorizations) that have been denied, dismissed, or
are otherwise no longer valid, nor does it include foreign-licensed DBS
space stations that have not filed applications with the Commission for
market access in the United States.
(2) The pfd calculations must take into account the maximum
permitted longitudinal station-keeping tolerance, orbital inclination
and orbital eccentricity of both the transmitting 17.3-17.8 GHz and DBS
space stations, and must:
* * * * *
(e) If the aggregate pfd level calculated from the measured data
submitted in accordance with paragraph (d) of this section is in excess
of the threshold pfd level of -117 dBW/m2/100 kHz:
(1) At the location of any prior-filed U.S. DBS space station as
defined in paragraph (b)(1) of this section, then the operator of the
space station transmitting in any portion of the 17.3-17.8 GHz band
must either:
* * * * *
(2) At the location of any subsequently filed U.S. DBS space
station as defined in paragraph (d)(1) of this section, where the
aggregate pfd level submitted in accordance with paragraph (d) of this
section is also in excess of the pfd level calculated on the basis of
the predicted data submitted in accordance with paragraph (a) of this
section that were on file with the Commission at the time the DBS space
station application was filed, then the operator of the space station
transmitting in the 17.3-17.8 GHz band must either:
* * * * *
(3) No coordination or adjustment of operating parameters is
required in cases where there is no overlap in frequencies assigned to
the DBS and the space station transmitting in the 17.3-17.8 GH band.
(f) The applicant or licensee for the space station transmitting in
the 17.3-17.8 GHz band must modify its license, or amend its
application, as appropriate, based upon new information:
(1) * * *
(2) If the operator of the space station transmitting in the 17.3-
17.8 GHz band adjusts its operating parameters in accordance with
paragraphs (e)(1)(ii) or (e)(2)(ii) or this section.
(g) Absent an explicit agreement between operators to permit more
closely spaced operations, U.S. authorized 17/24 GHz BSS or FSS space
stations transmitting in the 17.3-17.8 GHz band and U.S. authorized DBS
space stations with co-frequency assignments may not be licensed to
operate at locations separated by less than 0.5 degrees in orbital
longitude.
(h) All operational space stations transmitting in the 17.3-17.8
GHz band must be maintained in geostationary orbits that:
* * * * *
(i) U.S. authorized DBS networks may claim protection from space
path interference arising from the reverse-band operations of U.S.
authorized space stations transmitting in the 17.3-17.8 GHz band to the
extent that the DBS space station operates within the bounds of
inclination and eccentricity listed below. When the geostationary orbit
of the DBS space station exceeds these bounds on inclination and
eccentricity, it may not claim protection from any additional space
path interference arising as a result of its inclined or eccentric
operations and may only claim protection as if it were operating within
the bounds listed below:
* * * * *
[FR Doc. 2021-00047 Filed 1-29-21; 8:45 am]
BILLING CODE 6712-01-P
