Allocation of Spectrum for Non-Federal Space Launch Operations, 33902-33910 [2021-13685]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Rules and Regulations]
[Pages 33902-33910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13685]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 2

[ET Docket No. 13-115; RM 11341; FCC 21-44; FR ID 33506]


Allocation of Spectrum for Non-Federal Space Launch Operations

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) takes steps towards establishing a spectrum allocation and 
licensing framework that will provide regulatory certainty and improved 
efficiency and that will promote innovation and investment in the 
United States commercial space launch industry. Specifically, in the 
Report and Order, the Commission allocates the 2200-2290 MHz band for 
space operations on a secondary basis to permit non-federal use in 
specific portions of this band for purposes of

[[Page 33903]]

space launch operations to help meet the increasing demands for space 
exploration and development.

DATES: Effective July 28, 2021.

ADDRESSES: Federal Communications Commission, 45 L Street NE, 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Nicholas Oros, Deputy Chief, Policy 
and Rules Division, Office of Engineering and Technology, at (202) 418-
0636 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, ET Docket No. 13-115, FCC 21-44, adopted April 22, 2020, and 
released April 22, 2020. This document is available by downloading the 
text from the Commission's website at https://www.fcc.gov/document/fcc-seeks-make-spectrum-available-commercial-space-launches-0. When the FCC 
Headquarters reopens to the public, the full text of this document also 
will be available for public inspection and copying during regular 
business hours in the FCC Reference Center, 45 L Street NE, Washington, 
DC 20554. Alternative formats are available for people with 
disabilities (Braille, large print, electronic files, audio format) by 
sending an email to [email protected] or calling the Commission's Consumer 
and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-
0432 (TTY).

Synopsis

    1. Commercial space launch entities are proliferating and are 
increasingly involved in all aspects of U.S.-based space activities, 
such as transportation of cargo and people into space, orbital launches 
to place satellites and other payloads into space, and suborbital 
launches. There are a growing number of companies offering services to 
both private entities and government organizations. For example, the 
National Aeronautics and Space Administration (NASA) has engaged two 
private companies to take cargo and crew to the International Space 
Station (ISS), and companies such as Space Exploration Technologies 
(SpaceX) and Northrop Grumman have completed numerous successful 
missions to the ISS. SpaceX has recently ferried people to the ISS, and 
Boeing is developing a spacecraft to do the same. Other companies, such 
as Virgin Galactic and Blue Origin, intend to take private citizens on 
suborbital flights. These commercial space launch companies are also 
actively transporting communications satellites into orbit. SpaceX, for 
example, has conducted over 100 launches. Several companies, such as 
Rocket Lab and Astra, are focusing on propelling small satellites into 
orbit. Bigelow Aerospace plans to deploy a manned space station. To 
support these commercial space ventures, entities such as the New 
Mexico Spaceport Authority, the Virginia Commercial Space Flight 
Authority and the Houston Airport System have established non-Federal 
spaceports.
    2. The Commission adopts a footnote to the Allocation Table for 
specified frequencies in the 2200-2290 MHz band to support commercial 
space launches and enable continued growth of a vibrant commercial 
space industry. This allocation shall be limited to use by space 
operations for the telemetry and tracking operations of launch vehicles 
during pre-launch testing and space launch operations.
    3. The NPRM made two alternative proposals for providing access to 
this band for launch telemetry use. Under the first proposal, the 
Commission would add a footnote to the U.S. Table providing primary 
non-Federal Space Operation service allocations to portions of the 
2200-2290 MHz band. This footnote would require successful coordination 
of the assignment and use of the band for space launch operations with 
NTIA; restrict non-Federal use of the band to pre-launch testing and 
launches at Federal ranges; limit non-Federal transmissions to the 
2207-2219 MHz, 2270.5-2274.5 MHz, and 2285-2290 MHz portions of the 
band; and limit non-Federal use of the band to channel bandwidths less 
than 5 megahertz by launch vehicles. Under a second proposal, the 
Commission would amend the U.S. Table to add a primary non-Federal 
Space Operation service allocation to the 2200-2290 MHz band. This 
allocation would be accompanied by a footnote to the U.S. Table with 
the same restrictions specified in the footnote proposed in the first 
alternative. The NPRM also asked whether there is sufficient spectrum 
available to support the growth of the commercial launch industry.
    4. The 2200-2290 MHz band is currently allocated on a primary basis 
to multiple services for Federal use and is widely used. The only 
permitted non-Federal use of the band is for stations in the space 
research, space operation, and Earth exploration-satellite services to 
transmit to NASA's Tracking and Data Relay Satellite System (TDRSS) on 
a non-interference basis. According to NTIA, the 2200-2290 MHz band is 
heavily used by the Department of Defense (DoD) and other agencies and 
these uses are vital for mission-critical systems. NTIA emphasizes that 
use of the band during commercial launches must be carefully 
coordinated to protect these Federal operations and suggests that the 
commercial space launch industry be limited to four frequency segments 
to facilitate this coordination. Because of the importance of Federal 
systems in the band, NTIA supports adding a secondary non-Federal space 
operations allocation to this band instead of the proposed primary 
allocation. As the private sector began to participate in launch 
activities, companies needed access to spectrum to facilitate 
communications associated with launch activities, a need that has 
continued to increase in recent years. The STA mechanism that the 
Commission and NTIA have used to provide access to the 2200-2290 MHz 
band during launches is not ideal to handle the increased volume of 
commercial space launch activities because applicants are often 
required to file multiple STAs for a single launch and the STAs expire 
after six months. STA requests are coordinated with NTIA manually, 
through email, whereas other non-Federal applications requiring 
coordination are processed through the Office of Engineering and 
Technology's Frequency Assignment System (OFACS). In the NPRM, the 
Commission tentatively concluded that creating a non-Federal allocation 
for this band would be preferable to continuing to issue STAs on a 
launch-by-launch basis because licenses would better support the 
forecasted increased number of commercial launches in the future. 
Accordingly, in the NPRM the Commission invited comment on adopting 
such an allocation, as a first step towards establishing rules that 
would allow for issuing licenses to commercial launch operators to 
permit their use of this spectrum band on an interference-protected 
basis.
    5. Although commenters disagreed as to whether a non-Federal 
allocation is warranted or whether continued reliance on STAs is 
acceptable, all commenters agreed that access to this band for 
telemetry during launches is necessary. The Commercial Spaceflight 
Federation expressed the importance of access to this band on a co-
primary basis for launch telemetry and pointed out that allocating 
spectrum even on a secondary basis can eliminate the unnecessary STA 
process. A coalition of several space launch providers asserted that 
they must make one or more requests for STAs for every launch and 
reentry because no spectrum is currently allocated for these purposes, 
even on a secondary basis. SpaceX supports the first proposal to add a 
footnote to the U.S. Table providing a

[[Page 33904]]

primary non-Federal allocation with the understanding that such a Table 
footnote is the legal equivalent of a Table allocation, while the 
Commercial Spaceflight Federation and XCOR have no preference between 
the two proposals. Blue Origin prefers adding a non-Federal co-primary 
allocation to the band. SpaceX states that it will need an additional 4 
megahertz of bandwidth beyond what is provided in the proposals to 
support operations of its heavy lift launch vehicles. Orbital ATK 
favors adding non-Federal allocations in the band at 2225.5 MHz, 2241.5 
MHz, 2259.5 MHz, 2269.5 MHz, and 2288.5 MHz.
    6. SpaceX states that the STA process is suboptimal as commercial 
space launches are occurring more frequently. SpaceX explains that the 
STA process creates significant business planning challenges due to the 
lack of certainty regarding approval timing as it relates to the 
scheduled launch date as well as the inherent uncertainty of non-
interference status. Both SpaceX and the Commercial Spaceflight 
Federation note that applicants have no visibility into the 
coordination process. According to SpaceX, implementing the proposed 
allocation will streamline licensing, reduce the amount of required 
coordination, and provide greater certainty regarding approvals. 
Orbital Sciences (now Northrop Grumman) endorses the addition of a co-
primary allocation to a subset of the frequencies in the relevant band 
to remedy the STA process shortcomings--notably, that communications 
can be interrupted at any time and that it takes a significant amount 
of time to obtain STAs.
    7. The Satellite Industry Association, Boeing, and Lockheed Martin 
argue that a non-Federal allocation in this band is unnecessary and 
that non-Federal launches currently enjoy de facto interference 
protection because they are coordinated with Federal frequency 
coordinators. Boeing claims that a non-Federal allocation will not 
simplify Federal coordination in these bands because non-Federal users 
will not be empowered to interfere with Federal users except to the 
extent coordinated with a Federal spectrum coordinator. Boeing suggests 
that once SpaceX gains experience with the current process, it will 
realize that the process provides reliable interference-free access to 
launch spectrum and that the current well-understood and effective 
system should not be abandoned without a clear, superior alternative. 
Boeing also suggests that, instead of adding a non-Federal allocation, 
the Commission could adopt a U.S. Table footnote that provides that 
non-Federal stations may access the spectrum for launch operations 
without an allocation under the condition they may not cause harmful 
interference to Federal stations.
    8. The Commission concludes that adopting a non-Federal secondary 
allocation for this band for use during commercial space launches will 
help meet the future needs of the growing commercial space industry. 
Adopting this new allocation is the first step in a process that will 
allow the Commission to adopt technical and other service rules to 
govern commercial launch operations which, in turn, will give operators 
more certainty with respect to spectrum use in these bands during 
commercial space launches. Access to spectrum under a more predictable, 
collaborative, and transparent regulatory process is important to the 
fledgling commercial space launch industry because of the large 
monetary investment required for each launch. By operating on a 
regular, licensed basis, commercial space operators will have certainty 
as to which frequency bands can be used for non-federal space launch 
operations, which will promote the advance planning and investment 
necessary for future space launch activities. Although there will be 
coordination with NTIA prior to each launch, the Commission will 
continue to work with NTIA to facilitate efforts to streamline the 
coordination process to further improve certainty with respect to 
spectrum access. The need for reliable access to launch spectrum is 
becoming even more important as commercial launch operators shift 
beyond cargo supply activities into manned space missions. SpaceX 
recently completed a successful manned mission to the ISS and Boeing is 
developing a craft to take people to the ISS. The Commission also notes 
that the current process of obtaining an STA places burdens on launch 
providers, which must prepare numerous duplicative applications. 
Significantly, SpaceX and Blue Origin, who have obtained dozens of STAs 
for spectrum in the 2200-2290 MHz band, favor an allocation in lieu of 
continued reliance on STAs. As the U.S. commercial space industry 
continues to expand, the Commission expect the burdens and 
uncertainties associated with continuing the current STA process would 
only increase.
    9. The Commission is not convinced by the claims of several 
commenters that there is no need for change because the current STA 
process provides de facto interference protection. While that may be 
the case today when there are still relatively few launches, there is 
no guarantee that the current approach is sustainable as the number of 
commercial launches increases. In 2012, there were only seven Federal 
Aviation Administration (FAA) licensed commercial launches; in 2020, 
there were 39 FAA-licensed commercial launches. The Commission expect 
that number will continue to increase. In addition, use of private 
spaceports located outside of the established Federal ranges do not fit 
the existing pattern the Commission has established for issuing STAs. 
Thus, as the space launch landscape continues to evolve, the current ad 
hoc experimental licensing approach based on uncertain temporary 
authorizations becomes increasingly risky. The Commission also does not 
believe it is necessary to delay adopting an allocation for the 2200-
2290 MHz band because of the time that has passed since the NPRM as 
several commenters suggest. The NPRM clearly raised the issue of 
whether the Commission should adopt an allocation for this band as a 
first step toward adopting service rules. The current record, including 
the comments received in response to the NPRM and the more recent ex 
parte filings, along with our experience issuing experimental licenses 
demonstrate that taking this step is the best course of action. In 
fact, there is nothing to suggest that the issues commenters have 
raised regarding the current STA process have changed and our 
experience over the past eight years only further supports the need for 
a non-Federal allocation for this band.
    10. Adopting a non-Federal Space Operation allocation for the 2200-
2290 MHz band will allow us to develop rules that meet the specific 
needs of the commercial space industry, rather than trying to stretch 
the experimental rules to meet these unique needs. There are several 
reasons for this. First, because the dynamics for frequency use during 
launch activities are now well established, they are no longer 
considered truly experimental and should be transitioned to a set of 
permanent rules to bring certainty to the process. Second, because of 
the nature of experimentation, which often involves transmitters that 
have not gone through the equipment approval process, the rules 
governing experimental use do not provide any long term sustainability 
or interference protection from allocated services. Third, the 
Commission finds that carving out a specific exemption from our 
experimental rules to provide interference protection for launch 
activities--as requested by Boeing, Lockheed Martin, and the Satellite

[[Page 33905]]

Industry Association--could create confusion among licensees and is an 
inferior solution compared to providing an allocation and adopting 
service rules. Fourth, because the experimental rules are not intended 
to cover long-term commercial enterprises and STAs are limited by the 
Communications Act to periods of no more than 180 days, they are not 
suited to covering multiple launches over time. Thus, the current STA 
process cannot accommodate multiple launches over extended time periods 
as requested by Boeing, SpaceX, and Orbital ATK.
    11. As advised by NTIA, the Commission is adopting a secondary 
Space Operation service allocation for the 2200-2290 MHz band rather 
than the primary allocation proposed in the NPRM. Given that the use of 
this band necessitates close coordination with NTIA, adopting a 
secondary allocation for this band would accomplish many of the goals 
the Commission sought to achieve with the proposed primary allocation. 
With a secondary allocation, the Commission will be able to adopt 
service rules for use of the band and issue spectrum authorizations for 
space launch operations. This will reduce the uncertainty of the 
launch-by-launch STA process and provide well-defined technical rules 
that licensees can design their equipment to comply with. While 
individual launches will still need to be coordinated, once the service 
rules are adopted and applicants will no longer have to apply for STAs 
for each launch, a streamlined process that will save time and effort 
on the part of space launch operators, NTIA, and the Commission will be 
more achievable. The Commission notes that even if it had adopted a 
primary non-Federal allocation for this band, individual launches would 
still have needed to be coordinated because of the heavy existing 
Federal use of the band. Several commenters advocate adoption of a 
primary allocation claiming that it will lead to streamlined licensing, 
eliminate repeated licensing work, require less coordination, and 
provide greater certainty with respect to approvals. The service rules 
the Commission will be able to adopt under a secondary allocation 
should be able to provide these benefits to the same extent as rules 
adopted under a primary allocation. The Commission defers further 
consideration of adopting a primary allocation for this band to the 
Further Notice of Proposed Rulemaking (FNPRM) published June 10, 2021 
(86 FR 30860).
    12. The Commission believes that providing access to the spectrum 
by adding a footnote to the U.S. Table is a better alternative than 
establishing an allocation in the U.S. Table for these bands. Adding a 
footnote instead of establishing an allocation is consistent with 
existing precedent that an allocation that is lightly used or highly 
restricted is implemented by using a footnote rather than placing in 
the U.S. Table. In this case, use of the band will continue to be 
restricted even as the U.S. commercial space industry continues to grow 
because of the need to coordinate with the Federal operations in the 
band. The Commission notes that either a direct table entry or footnote 
entry will provide future space operations licensees with equivalent 
status in the band.
    13. Hence, the Commission is implementing this secondary non-
Federal Space Operation allocation by adding a footnote (US96) to the 
2200-2290 MHz band in the U.S. Table. This footnote limits use of the 
allocation to use during pre-launch testing and during space launch 
operations; requires coordination with NTIA prior to each launch; and 
limits non-Federal use to the 2208.5-2213.5 MHz, 2212.5-2217.5 MHz, 
2270-2275 MHz, and 2285-2290 MHz portions of the 2200-2290 MHz band. 
The limitation to use during pre-launch testing and space launches is 
consistent with NTIA's advisement as well as the proposal in the NPRM. 
Despite this limitation, the current use of the space operation 
allocation to enable access to TDRSS will continue to be permitted on a 
non-interference basis under the current allocation. The requirement 
that the channel assignments be coordinated with NTIA was proposed in 
the NPRM and is necessary because of the existing Federal use of the 
band.
    14. The limitation on non-Federal use of the band to the 2208.5-
2213.5 MHz, 2212.5-2217.5 MHz, 2270-2275 MHz, and 2285-2290 MHz 
portions of the band was requested by NTIA. The NPRM proposed that non-
Federal use of the band be restricted to a slightly different set of 
subbands: 2207-2219 MHz, 2270.5-2274.5 MHz, and 2285-2290 MHz. SpaceX 
has indicated that its recent launches have used a set of frequencies 
that differ both from what was proposed in the NPRM and what is 
requested by NTIA. Blue Origin states that it has used two frequencies 
that match NTIA's request and two that are different. Boeing suggests 
that the Commission avoid identifying discrete portions of the 2200-
2290 MHz band as available for non-Federal launches as non-Federal and 
Federal launch vehicles must be interoperable. The Commission 
identifies the four portions of the 2200-2290 MHz band for non-Federal 
use, as specified by NTIA, but proposes in the FNPRM that the 
Commission consider extending the secondary allocation to the full 90 
megahertz. The Commission also notes that until service rules are 
adopted, non-Federal use of even the four subbands will continue to 
require an STA. The Commission notes that launches precipitated by 
successful coordination with NTIA have been conducted using this 
spectrum for many decades. The Commission sees no indication that this 
legacy of successful coexistence between launch operations and Federal 
users cannot continue to thrive under the allocation the Commission 
adopts today.
    15. In addition, the Commission will not add developmental testing 
to the permitted uses of the Space Operations allocation, as requested 
by SpaceX and the Commercial Spaceflight Federation. As SpaceX admits, 
developmental testing is relatively infrequent and likely to occur at 
only a few discrete locations. Such testing can, and should, be 
conducted under Part 5 experimental licenses.
    16. When the Commission proposed allocating the three band segments 
in the 2200-2290 MHz band for commercial launch operations, the 
Commission also invited comment on whether the spectrum in those band 
segments would be sufficient to support the expected growth of the 
commercial launch industry. In its comments, SpaceX requests that the 
Commission expand the lower sub-band proposed in the NPRM by 4 
megahertz to meet the needs of future launches--i.e., establish a 16 
megahertz (2205-2221 MHz) band segment. While the Commission is 
cognizant that as launch technology continues to develop there may be a 
need for greater amounts of telemetry data which will require wider 
bandwidths, the Commission declines to expand the band segments 
available for telemetry beyond those bands specified in the previous 
two paragraphs. Instead, the Commission believes any need for wider 
bandwidths can be adequately met on a case-by-case basis using the STA 
process.
    17. Adopting a non-Federal allocation for the 2200-2290 MHz band, 
however, is only a first step in providing licenses for commercial 
launch operations. In the FNPRM, the Commission proposes non-Federal 
allocations for three more bands and the Commission seeks comment on 
appropriate service rules for each band that will enable spectrum 
sharing between Federal users and commercial space operators. The 
Commission fully intends that the important Federal operations in these

[[Page 33906]]

bands will be protected when introducing a new licensing regime to 
accommodate existing and future non-Federal launch activities. Until 
service rules for these bands are adopted, the Commission will continue 
to accept and process STA applications to approve and authorize 
commercial space launch activities. A separate STA will continue to be 
required for each launch and the Commission will coordinate these STAs 
with NTIA prior to each launch.
    18. Use of spectrum other than 2200-2290 MHz for launch telemetry. 
The NPRM pointed out that three frequencies in the 2360-2395 MHz band 
are ``available for both Federal and non-Federal use for telemetry and 
telecommand of launch and reentry vehicles.'' The NPRM sought comment 
on the use of these and other frequencies as an alternative to the 
2200-2290 MHz band for communications during launches. The NPRM also 
noted that the 2360-2395 MHz band is primarily used for aeronautical 
telemetry and telecommand operations for flight testing of aircraft and 
missiles and sought comment on whether the current and expected future 
use of the 2360-2395 MHz band for aeronautical telemetry for flight 
testing make it unsuitable for communications associated with launch 
activity. SpaceX, the Aerospace Industries Association, Boeing, the New 
Mexico Spaceport Authority, and the Commercial Spaceflight Federation 
assert that the 2360-2395 MHz band is not an appropriate alternative 
for telemetry because of the additional cost of supporting different 
frequency bands depending on whether a launch is Federal or non-
Federal. Orbital ATK claims that using this band would require the 
Federal launch ranges to modify their equipment and would require 
Orbital ATK to replace radios costing millions of dollars. The 
Aerospace and Flight Test Radio Coordinating Council (AFTRCC) questions 
whether there is a demand for the frequencies in the 2360-2395 MHz band 
for launch telemetry, and it notes that the spectrum requirements for 
flight test in the band have changed dramatically since frequencies in 
the band were made available for space launch telemetry. The Commercial 
Spaceflight Federation supports keeping the 2360-2395 MHz band 
available for space launch telemetry as an alternative to 2200-2290 
MHz, rather than as a replacement. Blue Origin views use of the 2360-
2395 MHz band as an addition to the 2200-2290 MHz band and states that 
it would evaluate use of the band for future architectures that require 
additional transmitters. However, XCOR, which does support adding an 
allocation to 2200-2290 MHz, strongly encourages use of the 2360-2395 
MHz band for commercial launch requirements because it would be able to 
use the same antenna for the nearby 2312.5 and 2352.5 MHz frequencies 
that it has been examining for telemetry use. In the FNPRM, the 
Commission seeks comment on the technology development for the 2360-
2395 MHz band.
    19. The Commission concludes based on the record that other bands 
are not suitable alternatives to the 2200-2290 MHz band for telemetry 
to support space launch operations. No commenters supported use of 
2360-2395 MHz as a replacement for the 2200-2290 MHz band. The 
increasing use of the 2200-2290 MHz band for space launch telemetry 
justifies the allocation the Commission is adopting. Allowing access to 
the 2200-2290 MHz band for commercial space launches will allow space 
launch providers to benefit from the economies of scale inherent from 
using the same radio systems for both Federal agencies and commercial 
customers. Requiring commercial space launches to use another band, 
such as 2360-2395 MHz, would require space launch providers to develop 
separate communications systems for use depending on whether the space 
launch operation they are conducting is considered a Federal or non-
Federal launch. Such an approach would impose considerable burden on 
the nascent commercial space launch industry, undermining the United 
States' leadership on space-based services.
    20. No Restriction to use at Federal Ranges. The NPRM proposed 
restricting the non-Federal Space Operation allocation for the 2200-
2290 MHz band to use at Federal ranges. Federal ranges are designated 
areas over which rocket and missile launches occur. These ranges are 
typically located over sparsely populated areas or over the ocean, and 
they have a designated launch site and associated radar tracking 
facilities. This proposal would limit use of the allocation to Federal 
launch ranges, such as the eastern range, which extends eastward over 
the Atlantic Ocean from Cape Canaveral. The NPRM stated that this 
restriction would limit the potential for interference to Federal 
operations to a few locations, and it asked whether this restriction 
would unduly limit the growth of the commercial space launch industry.
    21. All industry commenters who addressed this issue opposed the 
restriction to Federal launch ranges. The New Mexico Spaceport 
Authority is concerned that this restriction may prevent access to 
spectrum for launches at FAA-licensed commercial launch sites and 
argues that limiting use of this band to Federal ranges would be 
inconsistent with the National Space Policy. SpaceX claims to be 
pursuing a launch site that is not in a Federal range. The New Mexico 
Spaceport Authority and SpaceX suggest permitting use of the spectrum 
at both Federal ranges and FAA-licensed launch sites. Blue Origin would 
not be able to operate its New Shepard launch vehicle in its current 
configuration with the Federal range limitation, because it launches 
from a private site in West Texas that is not an FAA-licensed launch 
site and is not co-located with a Federal range. NTIA has requested 
that non-Federal use of the 2200-2290 MHz band be limited to use during 
space launches and pre-launch testing at Federal ranges and FAA-
licensed launch sites.
    22. The Commission will not restrict the locations where the new 
non-Federal allocation for the 2200-2290 MHz band may be used. The 
Commission recognizes that as the commercial space industry continues 
to develop, launches will likely not be limited to Federal ranges, and, 
consequently, the Commission does not believe it would be in the public 
interest to limit future non-Federal space launch operations to Federal 
ranges. The Commission also will not adopt the alternative suggested by 
NTIA and some commenters that the Commission limit use of this non-
Federal allocation to FAA-licensed launch sites. As the FAA does not 
require that all launches be conducted at locations where it has issued 
a launch site license, restricting use of the allocation to launches at 
FAA-licensed launch sites would prevent some launch providers from 
obtaining a license for this spectrum band. Regardless of where a 
launch occurs, the Commission will require coordination with NTIA. 
However, because of the expense involved in constructing a launch site 
and the need to conduct launches at remote locations because of safety 
concerns, the Commission expects the number of locations where launches 
will occur to remain small. Consequently, our decision should not 
significantly increase the burden on NTIA and Federal agency 
coordinators.
    23. 420-430 MHz and 5650-5925 MHz Bands. The NPRM also proposed new 
non-Federal allocations for the 420-430

[[Page 33907]]

MHz and 5650-5925 MHz bands. However, in recent ex parte submissions, 
several commercial space launch providers have indicated that they do 
not use either of these bands for their operations. The Commission has 
never granted an STA for the 420-430 MHz band for space launches. In 
the past several years only one operator has obtained STAs for a small 
number of launches for the 5650-5925 MHz band. Given the limited 
current use of these bands during space launches, the Commission is not 
convinced that there is need for new allocations for either band. 
Instead, the Commission seeks further comment on these proposed 
allocations in the accompanying FNPRM to determine the current need for 
these allocations.
    24. Non-Federal Launch Definition. The NPRM recognized that there 
can be confusion when trying to determine whether launch activity 
spectrum access requires authorization from NTIA or a license from the 
Commission. Under the Communications Act, the Commission has authority 
to issue licenses for radio stations except those ``belonging to and 
operated by the United States.'' The NPRM sought comment on how to 
determine whether a given launch is non-Federal or Federal for 
licensing purposes. It asked whether factors such as the nature of the 
payload, the location of the launch, the provider of the launch 
vehicle, and FAA classification of the launch as commercial should be 
considered in making this determination.
    25. All commenters addressing this issue urge the Commission to 
consider all launches licensed by the FAA to be non-Federal. SpaceX 
claims that none of the factors listed in the NPRM are conclusive and 
that relying on FAA licensing provides the most predictable standard. 
Boeing and the Satellite Industry Association both point out the 
similarity between language in the NTIA Manual of Regulations and 
Procedures for Federal Radio Frequency Management (NTIA Manual or 
Redbook), focusing on who has ``effective control'' of the radio 
equipment, and the Commercial Space Launch Act's definition of a 
commercial launch provider, which focuses on who has ``primary 
control'' of the launch. The Aerospace Industries Association goes 
further by suggesting that the Commission not require any additional 
licensing for launches not licensed by the FAA.
    26. A threshold issue for deciding whether a Commission license is 
required is the Communications Act's provision excluding radio stations 
``belonging to and operated by the United States'' from the 
Commission's jurisdiction. If radio equipment used during a launch both 
belongs to and is operated by the United States Government, no 
Commission license is necessary. Otherwise, a Commission license is 
required. While launches that require FAA licensing might be expected 
to involve operation of non-Federal stations and require a Commission 
license, our jurisdiction is defined in the Communications Act. The key 
determination under the Communications Act is whether the radio 
equipment at issue belongs to and is operated by the United States 
Government. Consistent with the Communications Act, all radio equipment 
supporting space launches require a Commission license or authorization 
prior to transmitting, unless such equipment ``belong[s] to and [is] 
operated by the United States [Government].''
    27. Orbital Debris Mitigation. Two commenters addressed the issue 
of orbital debris mitigation. XCOR maintains that orbital debris 
mitigation associated with launch and reentry operations is the 
responsibility of the Secretary of Transportation, and that this 
responsibility has been delegated to the FAA. SpaceX also encourages 
the Commission to defer to the FAA regarding orbital debris matters for 
commercial space transportation activities when it develops service 
rules following this rulemaking. In light of the Commission's ongoing 
proceeding regarding orbital debris, the Commission will not address 
orbital debris mitigation in this proceeding, but any rules adopted in 
that context may be applicable to space launch operations.
    28. Regulatory Flexibility Analysis. The Regulatory Flexibility Act 
of 1980, as amended (RFA) requires that an agency prepare a regulatory 
flexibility analysis for notice and comment rulemakings, unless the 
agency certifies that ``the rule will not, if promulgated, have a 
significant economic impact on a substantial number of small 
entities.'' As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Notice of Proposed Rulemaking (NPRM) released in 
May 2013. The Commission sought written public comment on the proposals 
in the NPRM, including comments on the IRFA. No comments were filed 
addressing the IRFA. A Final Regulatory Flexibility Analysis (FRFA) 
that conforms to the RFA was prepared and included in Appendix B of the 
Report and Order.
    29. Paperwork Reduction Act Analysis. This Report and Order does 
not contain new or modified information collection requirements subject 
to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In 
addition, therefore, it does not contain any new or modified 
information collection burden for small business concerns with fewer 
than 25 employees, pursuant to the Small Business Paperwork Relief Act 
of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
    30. The Commission has determined, and the Administrator of the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, concurs that this rule is non-major under the Congressional 
Review Act, 5 U.S.C. 804(2). The Commission will send a copy of this 
Report & Order to Congress and the Government Accountability Office 
pursuant to 5 U.S.C. 801(a)(1)(A).
    31. Accordingly, it is ordered that, pursuant to sections 1, 2, 
4(i), 5(c), 301, 303(c), 303(f), and 303(r) of the Communications Act 
of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 155(c), 301, 303(c), 
303(f), and 303(r), and section 1.411 of the Commission's rules, 47 CFR 
1.411, this Report and Order and Further Notice of Proposed Rulemaking 
is hereby adopted.
    32. It is further ordered that the amendments of Part 2 of the 
Commission's rules, as set forth in Appendix A, are adopted, effective 
thirty (30) days after publication in the Federal Register.
    33. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order and Further Notice of Proposed 
Rulemaking, including the Final and Initial Regulatory Flexibility 
Analyses, to the Chief Counsel for Advocacy of the Small Business 
Administration.
    34. It is further ordered that the Commission shall send a copy of 
this Report and Order in a report to be sent to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Parts 2

    Communications equipment, Radio, Telecommunications.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications

[[Page 33908]]

Commission amends 47 CFR part 2 as follows:

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
1. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.


0
2. Amend Sec.  2.106, the Table of Frequency Allocations, as follows:
0
a. Revise page 37.
0
b. In the list of United States (US) Footnotes, add footnote US96 in 
numerical order.
    The revision and addition read as follows:


Sec.  2.106  Table of Frequency Allocations.

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[[Page 33909]]

[GRAPHIC] [TIFF OMITTED] TR28JN21.002


[[Page 33910]]


* * * * *

United States (US) Footnotes

* * * * *
    US96 The band 2200-2290 MHz is allocated to the space operation 
service (space-to-Earth) on a secondary basis for non-Federal use 
subject to the following conditions. Non-Federal stations shall be:
    (a) Restricted to transmissions from the launch vehicle in the sub-
bands 2208.5-2213.5 MHz, 2212.5-2217.5 MHz, 2270-2275 MHz, and 2285-
2290 MHz (necessary bandwidth shall be contained within these ranges);
    (b) Restricted to use for pre-launch testing and space launch 
operations, except as provided under US303; and
    (c) Subject to coordination with NTIA prior to each launch.
* * * * *
[FR Doc. 2021-13685 Filed 6-25-21; 8:45 am]
BILLING CODE 6712-01-C