[Federal Register Volume 89, Number 150 (Monday, August 5, 2024)]
[Rules and Regulations]
[Pages 63296-63325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16638]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 1, 2, and 26
[ET Docket No. 13-115; RM-11341; FCC 23-76; FR ID 234720]
Allocation of Spectrum for Non-Federal Space Launch Operations;
Federal Earth Stations Communicating With Non-Federal Fixed Satellite
Service Space Stations; and Federal Space Station Use of the 399.9-
400.05 MHz Band
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) adopts a new secondary allocation in the 2025-2110 MHz
band for non-Federal space operations, removes the restriction on use
of the 2200-2290 MHz secondary non-Federal space operation allocation
to four specific sub-channels to make the entire 2200-2290 MHz band
available, adds a non-Federal secondary mobile allocation to the 2200-
2290 MHz band, and adopts licensing and technical rules for space
launch operations. Additionally, the Commission amends the allocation
for the 399.9-400.05 MHz band to permit the deployment of Federal space
stations.
DATES:
Effective date: Effective September 4, 2024, except for amendatory
instructions 10 through 13 (adding Sec. Sec. 26.106, 26.108, 26.202,
and 26.301, respectively), which are delayed indefinitely. The
Commission will publish a document in the Federal Register announcing
the effective date.
Incorporation by reference: The incorporation by reference of
certain material listed herein is approved by the Director of the
Federal Register as of September 4, 2024.
FOR FURTHER INFORMATION CONTACT: Nicholas Oros of the Office of
Engineering and Technology, at [email protected] or 202-418-0636;
Linda Chang of the Wireless Telecommunications Bureau at
[email protected] or 202-418-1339; or Julia Malette of the Space
Bureau, at [email protected] or 202-418-2453. For information
regarding the Paperwork Reduction Act (PRA) information requirements
contained in this document, contact Nicole Ongele, Office of Managing
Director, at (202) 418-2991 or [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Report and Order, in ET Docket No. 13-115; RM-11341; FCC 23-76, adopted
on September 21, 2023, and released on September 22, 2023. The full
text of this document is available for public inspection and can be
downloaded at: https://docs.fcc.gov/public/attachments/FCC-23-76A1.pdf.
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).
Procedural Matters
Final Regulatory Flexibility Analysis. The Regulatory Flexibility
Act of 1980 (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.'' Accordingly, the Commission has prepared a Final Regulatory
Flexibility Analysis (FRFA) concerning the possible impact of the rule
changes contained in the Second Report and Order on small entities. The
FRFA is set forth in Appendix B of the FCC document, https://docs.fcc.gov/public/attachments/FCC-23-76A1.pdf.
Paperwork Reduction Act. The Second Report and Order contains new
information collection requirements subject to the Paperwork Reduction
Act of 1995 (PRA), Public Law 104-13. It will be submitted to the
Office of Management and Budget (OMB) for review under section 3507(d)
of the PRA. OMB, the general public, and other Federal agencies will be
invited to comment on the new or modified information collection
requirements contained in this proceeding. In addition, the Commission
notes that pursuant to the Small Business Paperwork Relief Act of 2002,
Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission previously
sought specific comment on how it might further reduce the information
collection burden for small business concerns with fewer than 25
employees.
Congressional Review Act. The Commission has determined, and the
Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget, concurs, that this rule is non-major
under the Congressional Review Act, 5 U.S.C. 804(2). The Commission
will send a copy of the Second Report and Order to Congress and the
Government Accountability office, pursuant to 5 U.S.C. 801(a)(1)(A).
Accessing Materials. The Office of Federal Register (OFR)
regulations require that agencies must discuss in the preamble of a
final rule the ways that the materials incorporated by reference are
reasonably available to interested parties and where interested parties
can obtain the materials. In addition, OFR regulations require that the
preamble of a final rule summarizes the material incorporated by
reference.
Section 26.302(a) and (b) of the regulations adopted herein
incorporate by reference Annex J, Guidance for Determination of
Necessary Bandwidth, and Annex M, Measurement Standards, of the
National Telecommunications and Information Administration (NTIA)
Manual of Regulations and Procedures for Federal Radio Frequency
Management (NTIA Manual), January 2023 Revision (of the January 2021
Edition). The information in these annexes provide guidance for
determining the necessary bandwidth and the measurement requirements
for the unwanted emission mask of space launch radiocommunication
systems. Interested parties may inspect a copy of the NTIA Manual at
the FCC's main office, 45 L Street NE, Washington, DC 20554; email:
[email protected]. The NTIA Manual is also available online at https://www.ntia.gov/publications/redbook-manual.
[[Page 63297]]
Synopsis
As discussed in greater detail below, the Commission continues its
efforts to provide regulatory certainty and additional spectrum to
promote innovation and investment in the United States commercial space
launch industry.
Non-Federal Allocations for the 420-430 MHz, 2025-2110 MHz, 2200-2290
MHz, and 5650-5925 MHz Bands
Taking into account the record, the Commission finds sufficient
support and justification for adopting an allocation for the 2025-2110
MHz band and expanding the previously adopted 2200-2290 MHz band
allocation. Given that use of the 420-430 MHz, 2360-2395 MHz, and 5650-
5925 MHz bands remains limited, the Commission is not convinced there
is need for new allocations for any of these bands at this time.
Allocation for the 420-430 MHz band. The 420-430 MHz band is used
during launches from Federal launch sites to transmit a flight
termination signal to a launch vehicle, resulting in its self-
destruction if necessary. While there was support on the record for
adding this allocation, commenters differed in their suggested use of
the band. Boeing suggest that the Commission restrict use of the band
to only pre-launch testing and launches to prevent ancillary uses from
interfering with safety-of-life transmissions. The United Launch
Alliance (ULA), the Aerospace Industries Association (AIA), and the
Industry Coalition Response (ICR), however, support flexible use of the
band beyond the proposed self-destruct transmissions. Federal
incumbents in the band also had differing opinions on adding the
allocation to the band. The National Aeronautics and Space
Administration (NASA) supports the allocation, if use of the band is
limited and Federal incumbents are properly protected. The Department
of Defense (DoD) does not oppose adopting such an allocation; however
it recognizes that high power radar systems across the country could
interfere with the reception of termination signals.
The Commission concludes not to adopt a primary non-Federal
Aeronautical Mobile allocation for the 420-430 MHz band. The FCC has
not received any special temporary authorities (STAs) to use this band
during space launches, as most current launch facilities have Federal
systems in place for flight-termination purposes. Additionally, as ULA
correctly observes, alternative flight-termination solutions for errant
launches are already being implemented. For these reasons, and in light
of the present and potential future limitations on use of the band
raised by commenters, the Commission is not adopting the proposed
allocation.
Allocation for the 2025-2110 MHz band. The 2025-2110 MHz band is
currently allocated for both Federal and non-Federal fixed and mobile
uses. The Broadcast Auxiliary Service (BAS) makes up most of the non-
Federal use of the band and share the band with the Cable Television
Relay Service (CARS) and the Local Television Transmission Service
(LTTS). The band is also allocated on a primary basis for Federal space
operation, Earth exploration satellite, and space research uses. While
Federal use of the band is allocated on a co-primary basis, Federal use
must not constrain BAS, CARS, and LTTS deployment. The 2025-2110 MHz
band also includes primary Federal fixed and mobile allocations with
use restricted to the military services, in order to facilitate
relocation of military operations from the 1755-1780 MHz band. Federal
use of the band has continued to increase, but coordination with non-
Federal users has been successful. This success is due in large part to
the memorandum of understanding (MOU) created by broadcast incumbents
and the Federal users. The Commission has issued many STAs in this band
allowing space launch operations to transmit control signals to launch
vehicles. The further notice of proposed rulemaking (FNPRM) (86 FR
30860, June 10, 2021) sought comment on adding a co-primary non-Federal
space operation (Earth-to-space) allocation to the 2025-2110 MHz band,
in order to provide the space launch industry's increased use of the
band with regulatory certainty.
There was overwhelming support on the record for adopting the
proposed allocation. While there was disagreement on the type of
restrictions that should be adopted, all commenters were in agreement
that any potential space launch operations in the band must be
coordinated with all incumbents. According to NTIA, given the important
missions of Federal agencies in the band it is important for all
Federal users to maintain priority and for all commercial launches to
remain subject to prior coordination.
The Commission concludes that adopting a non-Federal secondary
allocation for space launch operations with the same coordination
requirements that currently apply to Federal users will sufficiently
address the regulatory needs of the commercial space launch industry
while ensuring the protection of incumbents. This spectrum is regularly
used by commercial space launch providers and granting regulatory
certainty will boost investment and promote innovation in this
industry. Adopting this allocation will eliminate the time and expense
required for seeking STAs, which also often lapse due to the need to
reschedule launches, thus requiring multiple STAs per launch. Based on
the Commission's experience with STAs in this band, the Commission
believes the existing coordination requirements, already proven to
facilitate frequency re-use and coordination, will sufficiently protect
incumbents and readily grant launch providers access to spectrum. The
Commission appreciates the concerns raised by the Federal agencies and
are following their suggestion to adopt a secondary allocation instead
of a primary allocation as proposed. While Federal space operations
have primary allocation status, the restrictions on Federal operations
to protect the long-established BAS and CARS licensees in the band in
effect relegate the Federal space launch activities as secondary to
these Commission licensees. As the commercial space launch providers
will also have to coordinate with these terrestrial licensees, a
secondary allocation appears to be more appropriate at this time. The
coordination framework currently in place for Federal space operations
has permitted a high degree of spectrum efficiency and reuse for non-
Federal and Federal operations. Adopting a secondary non-Federal Space
Operation allocation for the 2025-2110 MHz band will allow the
Commission to develop effective rules for the space launch industry, no
longer requiring the lengthy experimental rules process. Hence, the
Commission is implementing this secondary non-Federal Space Operation
(Earth-to-space) allocation to the 2025-2110 MHz band in the U.S.
Table. This allocation will be limited to space launch telecommand
transmissions and will require commercial space launch providers to
coordinate with non-Federal terrestrial licensees (i.e., BAS, LTTS, and
CARS) and NTIA.
While there was support on the record for making the band available
for use for on-orbit service (OOS) and rendezvous and proximity
operations (RPO), the Commission agrees with Boeing that the increased
use of the band from the ongoing relocation of Federal operations
provides reason to exercise caution in authorizing any additional non-
Federal space operations. The Commission therefore will address these
operations through separate actions, taking into
[[Page 63298]]
account also the record developed in response to the Commission's
Notice of Inquiry on In-space Servicing, Assembly, and Manufacturing
(ISAM) (87 FR 56365, September 14, 2022). The Commission also does not
agree with the National Association of Broadcasters (NAB) and Society
of Broadcast Engineers, Inc. (SBE) that space launch operations in the
band should be limited to specified geographic sites because the
coordination requirement the Commission is adopting will ensure BAS,
LTTS, CARS licensees in all geographic areas are protected from harmful
interference.
Allocation for the 2200-2290 MHz Band. The 2200-2290 MHz band is
used for launch telemetry--i.e., sending diagnostic information from
the space launch vehicle to ground controller stations during the
launch to allow tracking of the performance of the launch vehicle. The
2200-2290 MHz band is heavily used by DoD and other Federal agencies
and has primary Federal Space Operation, Earth Exploration Satellite,
Fixed, Mobile, and Space Research allocations. The Report and Order (86
FR 33902, June 28, 2021) added a non-Federal secondary Space Operation
(space-to-Earth) allocation to the band. Use of this allocation is
limited by an Allocation Table footnote to pre-launch testing and space
launch operations and coordination with NTIA is required prior to each
launch. In addition, non-Federal space operations are restricted to the
2208.5-2213.5 MHz, 2212.5-2217.5 MHz, 2270-2275 MHz, and 2285-2290 MHz
portions of the band.
The FNPRM proposed to remove the restriction on non-Federal use of
the new Space Operation allocation to the four sub-bands and asked
whether non-Federal use of the band should continue to be limited to
channels with a necessary bandwidth of 5 megahertz. The FNPRM also
sought comment on upgrading the secondary Space Operations allocation
to a primary allocation noting that this would place commercial launch
operators on an equal footing with other users of the band and provide
greater certainty to incentivize investment as the commercial space
industry continues to expand with more frequent launches, privately
developed launch facilities, and manned space flights. The FNPRM also
sought comment on adding a secondary Mobile allocation to the 2200-2290
MHz band and whether use of the Mobile allocation should be subject to
the same restrictions that apply to the non-Federal Space Operations
allocation for the band and whether it should be subject to the same
restrictions that apply to Federal users--i.e., should it be restricted
to line-of-sight use only, exclude flight testing of manned aircraft,
and prohibit the introduction of high-density mobile systems.
The FNPRM noted that use of the secondary Space Operation
allocation for the band is limited compared to what would normally be
permitted under a Space Operation allocation. The Space Operation
Service is defined in the Commission's rules as being ``concerned
exclusively with the operation of spacecraft, in particular space
tracking, space telemetry, and space telecommand.''
Comments from the commercial space industry overwhelmingly support
removal of the restrictions on non-Federal use of the band for launch
operations. However, Boeing expressed some reservations. Federal
agencies such as NASA, DoD, and the Department of Commerce (DoC)
strongly oppose any changes to the restrictions on non-Federal use of
the band. NTIA states that expanding the scope of non-Federal use of
the band would worsen coordination efforts in an already heavily
congested band. The Federal agencies also did not support upgrading the
secondary non-Federal Space Operation allocation to primary status.
The Commission concludes that it is appropriate to provide
commercial space launch operators with access to a greater portion of
the 2200-2290 MHz band beyond the four sub-bands currently provided.
Most of the STAs that the Commission has issued for space launch
telemetry in this band have regularly included use of channels that are
outside of these four sub-channels. As all of these STAs have been
coordinated with NTIA this indicates that coordination of use of
channels outside of these sub-bands is achievable and that limiting use
of 2200-2290 MHz for commercial space launches to these sub-bands does
not fully meet the needs of the commercial space launch industry.
Therefore, the Commission is removing the restriction of use of the
non-Federal space operation allocation to the four sub-bands.
However, the Commission will not upgrade the secondary non-Federal
Space Operation allocation for the 2200-2290 MHz band to a primary
allocation. When the Commission adopted the current secondary
allocation for the band, the Commission noted that this would
accomplish many of the goals it had sought to accomplish with the
proposed primary allocation such as enabling the Commission to adopt
service rules and issue spectrum authorizations, reduce the uncertainty
of the launch-by-launch STA process, and permit the development of
well-defined technical rules that licensees can design equipment to
comply with. The Commission noted that even if it had adopted a primary
non-Federal allocation for this band, individual launches would still
need to be coordinated because of the heavy existing Federal use of the
band. The Commission continues to believe for these same reasons that
the current secondary allocation will meet the needs of the commercial
space industry. The Commission is cognizant of the complications of
sharing this band with the large number of Federal operations and the
expressed preference of Federal agencies to maintain the current
secondary allocation. In recognition of the need to work closely with
the Commission's Federal partners in managing the use of this band, the
Commission finds that maintaining the current secondary allocation as
advised by NTIA is appropriate at this time.
The Commission will add a secondary Mobile allocation to the band.
Providing this Mobile allocation will facilitate the Commission
adopting technical rules for space launch telemetry that follow the
same approach that NTIA applies to Federal launches. NTIA treats
telemetry systems during the first stage of a launch as an aeronautical
mobile system and the second and later stages as a space operation
system. Because many launch vehicles are used for both Federal and non-
Federal launches and many non-Federal launches occur at Federal launch
facilities, the Commission believes it is important to have the
flexibility to adopt technical rules that are in harmony with the
technical standards applied to Federal launches. The secondary Mobile
allocation the Commission is adopting for this band will be subject to
the same restrictions as the non-Federal Space Operation allocation in
the band. The non-Federal Mobile allocation will be restricted to use
during pre-launch testing and space launch operations and subject to
coordination for each launch. The only opposition to adding a Mobile
allocation to the band came from Boeing, who expressed concern that
adopting the Mobile allocation would prompt interest in making the band
available for 5G and other future mobile services. Given the heavy
restrictions on non-Federal use of this band the Commission does not
agree with Boeing that it will be considered a candidate for commercial
mobile use.
The Commission will not remove the current limitation on use of the
non-Federal Space Operation allocation to
[[Page 63299]]
pre-launch testing and space launch operations at this time. The heavy
use of the band by Federal agencies necessitates that the Commission
takes a cautious approach to making provisions for additional use cases
of this band. While several commenters such as Northup Grumman and
Axiom expressed interest in using this band for on-orbit activities,
the record is sparse as to the technical details of these types of
operations. The Commission does not currently have the information
needed to reach a conclusion as to the impact of these operations on
Federal users of the band.
Allocation for the 5650-5925 MHz Band. The 5650-5925 MHz band is
used for radar tracking of launch vehicles. During a launch, a radar
transponder located on the launch vehicle is typically used to transmit
tracking information down to the tracking station. A primary Federal
allocation limits use of radiolocation services to military operations.
Prior space launches that have used this band have relied on Federal
facilities to provide tracking for launches occurring at Federal
ranges. The band is also used by Unlicensed National Information
Infrastructure (U-NII) devices operating under the Commission's part 15
rules. The 5850-5925 MHz portion of the band has a primary non-Federal
Mobile allocation limited to the Intelligent Transportation System
radio service. While commercial use of the band remained limited at the
time, the FNPRM sought comment on whether to adopt a non-Federal
Radiolocation allocation for the 5650-5925 MHz band by adding a
footnote to the U.S. Table. Of the few comments addressing this topic,
there was no consensus on the record for adopting this allocation.
Based on the record, the Commission concludes not to adopt a non-
Federal Radiolocation allocation for the 5650-5925 MHz band. While
there was support for adding the allocation from some commercial space
launch entities, interest in using the band remains low. Commenters
failed to provide information on the number of launches likely to need
access to this band in the future or other information requested in the
FNPRM. In recent years only a small number of launches have obtained
access to this band for radar transponders using STAs. As there has
been limited use of this band in the past and the Commission has no
reason to believe this will change in the future, there is no clear
need to adopt this allocation. If space launch operators need access to
this band for radar transponders, they may continue to use the STA
process.
Licensing and Technical Rules for Space Launch Operations
The Commission also adopts rules for the new commercial Space
Launch Services. These rules flexibly, efficiently, and effectively
support the evolving spectrum requirements of commercial space launch
operations while continuing to protect vital Federal operations in the
2025-2110 MHz and 2200-2290 MHz bands. The Commission installs a
licensing framework that will grant nationwide, non-exclusive licenses
to non-Federal entities that conduct space launch operations in the
2025-2110 MHz and 2200-2290 MHz bands. The Commission also adds a new
part 26 to its rules that codifies the rules the Commission adopts in
the Second Report and Order for space launch operations as well as any
related rules that it may adopt in the future for other types of space
activities. In addition, the Commission adopts rules defining the scope
of the service it establishes in the Second Report and Order, as well
as the types of entities that will be eligible to hold licenses in the
new commercial Space Launch Services. Finally, the Commission adopts
specific licensing rules governing shared frequency use, authorized
bandwidth, license term and renewal, application processing rules, and
coordination requirements, as well as technical rules that will foster
interoperability of equipment used for non-Federal and Federal launches
and rules regarding equipment authorization. In doing so, the
Commission recognizes that licensee pre-launch coordination with NTIA
may necessitate additional requirements and limitations on non-Federal
launch operations in specific instances, in addition to those it
establishes here.
Licensing Rules for Space Launch Operations
Creation of New Rule Part 26
The Commission creates a new rule part 26 for the new commercial
space launch service. The record regarding the question of where to
incorporate the rules for space launch operations is mixed, due largely
to varying opinions as to the activities that should be included in a
space launch operation. The Commission agrees with commenters who argue
that a standalone rule part is more efficient and flexible than
regulating commercial space launch operations under existing rule
parts.
The Commission finds that locating rules into a new part will
provide greater clarity and ease of reference regarding commercial
space launch operations. Establishing a rule part specific to these
operations rather than placing rules in existing rule parts appears
more appropriate given that launch operations, while having elements
applicable to parts 87 and 25 depending on the launch, do not fall
completely under either one. Creating a new rule part is also forward-
looking; as discussed infra, while the rules the Commission is adopting
here are specific to launch operations, it is seeking additional
comment in another rulemaking proceeding on measures that the
Commission can take to facilitate more routine licensing for certain
payload and space operations. The use of a standalone rule part
therefore could be used to accommodate rules relating to other types of
space activities to the extent the Commission adopts rules regarding
such operations. Accordingly, the Commission finds it appropriate to
establish a new part 26.
Issues Overlapping with ISAM Proceeding. In the FNPRM, the
Commission asked multiple questions related to payload communications
in the context of space launch operations. For example, the Commission
sought comment on whether payload operations, currently addressed
through experimental licensing, should be addressed in part 25 of the
Commission's rules. Because these newer commercial operations were not
considered when many of its rules were first adopted, the Commission
sought comment on any modifications to the current part 25 rules (e.g.,
default rules, bond requirements, fees, etc.) that may facilitate
licensing and whether a streamlined process along the lines of the
recently adopted process for small satellites would be appropriate for
such operations. The Commission also asked if there are other licensing
models that can be better suited for the needs of these payload
operations. In response many commenters in this proceeding raised
issues related to space operations such as on-orbit servicing (OOS),
rendezvous, proximity space operations (RPO), Earth-escape operations,
and lunar orbit missions, to name a few. Several of the leading
industry operators for these types of activities, while urging the
Commission to develop rules to better account for such space
activities, suggested that these issues should be considered in a
further notice of proposed rulemaking.
The Commission notes that many of the same operators that have
commented on the need for spectrum allocation and licensing procedures
for novel payload activities in this proceeding have also responded to
the Commission's Notice of Inquiry on
[[Page 63300]]
ISAM in the ISAM proceeding. ISAM refers to a set of capabilities that
are used on-orbit, in transit, or on the surface of space bodies.
Within the category of ISAM, ``servicing'' includes activities such as
use of one spacecraft to inspect another, to dock with other spacecraft
and provide support such as maintaining the station in its orbital
location in order to extend the period of operations, or to repair or
modify a spacecraft after its initial launch. These activities
typically include the process of maneuvering close to and operating in
the near vicinity of the ``client'' spacecraft, a set of activities
often referred to as rendezvous and proximity operations (RPO).
``Servicing'' also involves transport of a spacecraft from one orbit to
another and debris collection and removal. While the Commission
acknowledges that this industry is advancing rapidly, it recognizes the
importance and benefit of in-space services that could extend the life
of satellites, reduce orbital debris, and more. The Commission agrees
with commenters that it should not attempt to shoehorn these activities
into a space launch licensing regime, nor is it necessarily appropriate
to attempt to fit these operations into rules ``designed for a previous
space age.'' Accordingly, the Commission will continue to expand the
record on these in-space operations through its ISAM proceeding and
welcomes continued comment and dialogue from the regulated community as
the Commission seeks to develop short and long-term regulatory
procedures for these operations.
Scope of Service
In the FNPRM, the Commission sought comment on how to define
certain key terms for purposes of licensing commercial space launch
operations, including ``space launch operations,'' ``space launch
vehicle,'' and ``reentry vehicle.'' The Commission also sought comment
on an appropriate scope for the commercial use of the 2200-2290 MHz and
2025-2110 MHz bands.
Space Launch-related Definitions. In requesting comment on how to
define non-Federal ``space launch operations,'' the FNPRM noted that
the STAs that have previously been granted have included telemetry from
the launch vehicle and the payload, during the initial space launch,
recovery of the booster, and the orbital and re-entry phases for
operations such as cargo and crew delivery to and from the ISS. The
Commission asked whether it would serve the public interest to include
all of these operations in the definition of ``space launch
operations,'' and whether there is a need to either limit the
definition or further expand the definition to other space operations.
Commenters are divided on whether ``space launch operations'' should
encompass payload and expanded in-orbit operations, such as rendezvous
and proximity operations, ISS docking, and space-to-space links.
While the Commission seeks to implement rules that will provide
greater certainty and streamline access and use of the 2200-2290 MHz
and 2025-2110 MHz bands, the Commission also remains cognizant that the
two bands are already heavily encumbered and that there is a need to
proceed cautiously regarding access to the bands for activities that go
beyond the operations of a launch vehicle. Accordingly, the Commission
finds that it is appropriate at this juncture to limit the definition
of commercial space launch operations to activities associated only
with the launch and recovery or reentry of a launch vehicle, and
exclude payload and other on-orbit communications. The Commission
concludes that the inclusion of payload and on-orbit operations, such
as rendezvous and proximity operations, ISS docking, and space-to-space
links, are outside of what can fairly be considered ``space launch
operations.'' The Commission agrees with Boeing that such ancillary
operations are outside the scope of the launch operations addressed in
the FNPRM. The Commission therefore declines to extend the concept of
commercial space launch beyond the operations of a launch vehicle
itself. Because it is not clear from the record that the bands at issue
can support streamlined authorization and access for payload and on-
orbit operations today, the Commission is seeking further comment on
these issues in the Second FNPRM (89 FR 6488, February 1, 2024) and
through the Commission's ISAM proceeding, noted above.
Instead, the Commission finds it appropriate to adopt a definition
of ``space launch operations'' that is specific to launch vehicle
operations. The Commission defines non-Federal ``space launch
operations'' as any activity that places a launch vehicle, whether an
expendable launch vehicle or a reusable launch vehicle or a reentry
vehicle used for launch, and any payload or human being from Earth in a
suborbital trajectory in Earth orbit, or otherwise in outer space,
including pre-launch testing and recovery or reentry of the launch
vehicle. The Commission finds it appropriate to broadly define ``space
launch operations'' instead of including in the definition an
exhaustive list of permissible operations or defining a launch by
stages given that operations may vary from launch to launch. This
definition is similar to the broad definition that the Commercial Space
Launch Act, as amended, and the Federal Aviation Administration's (FAA)
commercial space transportation rules apply to ``launch.''
In the FNPRM, the Commission sought comment on whether and how to
define ``launch vehicle'' for space launch operations purposes. SpaceX
and TechFreedom advocate for the Commission to make use of its existing
part 2 definition of ``spacecraft.'' NASA disagrees, arguing that a
launch vehicle does not constitute a spacecraft, making the
Commission's part 2 definition inapplicable.
The Commission agrees with NASA that the term ``spacecraft'' is not
appropriate. The term would not cover certain launch operations, such
as first stages that do not go beyond the major portion of Earth's
atmosphere or suborbital launches, but yet would encompass other
activities, such as on-orbit missions, that the Commission is not
including as part of a launch operation at this juncture. Instead, in
line with the Commission's definition of ``space launch operations,''
it defines ``launch vehicle'' more specifically as a vehicle built to
place a payload or human beings from Earth in a suborbital trajectory,
in Earth orbit, or otherwise in outer space.
In seeking comment regarding the appropriate definition for
``launch vehicle,'' the FNPRM asked whether the Commission should draw
on the definitions of ``expendable launch vehicle'' and ``reusable
launch vehicle'' under part 87, and also sought comment on whether
there should be any distinction between a ``launch vehicle'' and a
``reentry vehicle'' for space launch purposes. Few commenters addressed
these issues. SpaceX and Relativity urge the Commission to avoid
drawing distinctions that may become technologically outdated, while
NASA states that the existing part 87 definitions for ``expendable
launch vehicle'' and ``reusable launch vehicle'' are appropriate. As
implied in the Commission's definition for ``space launch operations,''
it finds that a launch vehicle could be an ``expendable launch
vehicle,'' a ``reusable launch vehicle,'' or a ``reentry vehicle'' used
for launch. Accordingly, it is necessary for the Commission to define
those terms. While Sec. 87.5 of the Commission's rules provides
definitions for ``expendable launch vehicle'' and ``reusable launch
vehicle'' in the context of launches administered under part 87, these
[[Page 63301]]
definitions describe such launch vehicles as ``booster rockets.''
Because the part 87 definitions may not adequately capture the launch
vehicles that are in use today (or in the future), the Commission
instead finds it appropriate to adapt definitions for launch vehicles
using definitions from the FAA's commercial space transportation rules.
The Commission defines ``expendable launch vehicle'' as a launch
vehicle whose propulsive stages are used only once, and ``reusable
launch vehicle'' as a launch vehicle that is designed to return to
Earth substantially intact and may be launched more than one time or
that contains vehicle stages that may be recovered by a launch operator
for future use. Because it is feasible for commercial operators to
conduct operations with a vehicle that cannot be solely described as a
reusable launch vehicle (for example, the vehicle has the ability to be
used for purposes other than launch), the Commission finds it
appropriate to also include ``reentry vehicle'' and to adopt a
definition similar to the FAA's definition of ``reentry vehicle'' as a
vehicle designed to return from Earth orbit or outer space to Earth
substantially intact. The Commission notes that because ``reentry
vehicle'' under this definition could be applicable to either a launch
vehicle or spacecraft designed to be capable of reentry, the Commission
specifies that a reentry vehicle is regarded as a launch vehicle in the
context of a space launch operation only to the extent that it is being
used for launch purposes.
Permissible operations. In the FNPRM, the Commission noted that the
Report and Order limited non-Federal use in the 2200-2290 MHz band to
telemetry and tracking operations of launch vehicles during pre-launch
testing and launch operations. Because the 2200-2290 MHz allocation was
originally limited to the 2208.5-2213.5 MHz, 2212.5-2217.5 MHz, 2270-
2275 MHz, and 2285-2290 MHz sub-bands, the FNPRM sought comment on
whether the Commission should remove any presumptive limitation to the
four sub-bands in the service rules to the extent that the Commission
permits use beyond the original four sub-bands. Further, the FNPRM also
proposed to restrict the commercial launch use of the 2025-2110 MHz
band to telecommand uplink transmissions from the ground controller
stations to the space launch vehicle. Noting the heavy usage of this
band by BAS, CARS, and LTTS operations, as well as by Federal entities
for space operations, Earth exploration satellite, space research,
fixed, and mobile uses, the FNPRM asked whether it is feasible to
accommodate uses in addition to the space launch telecommand uses.
The Commission will clarify in its service rules that the use of
the entire 2200-2290 MHz band is permissible for all launch vehicle-to-
ground communications associated with telemetry and tracking
operations, and the 2025-2110 MHz band is available for all ground-to-
launch vehicle telecommand uses necessary to support space launch
operations. As discussed above in section III.A., the Commission is
revising Footnote US96 to enable use of the entire 2200-2290 MHz band.
Accordingly, the Commission finds that it is necessary to also make
clear in its service rules, in addition to the changes made to Footnote
US96, that space launch telemetry activities are permitted throughout
the band.
Further, given that the 2025-2110 MHz band is heavily used, the
Commission finds it necessary to limit the band to telecommand
operations. Given the increasingly heavy use of the 2025-2110 MHz band
and the importance in ensuring that incumbent operations are adequately
protected, the Commission finds that it should not expand space launch
uses beyond telecommand for this band.
Permissible uses for the 2200-2290 MHz and 2025-2110 MHz bands,
therefore, will be limited to telemetry, tracking, and command
activities for space launch operations. Telemetry, tracking, and
command necessary to support space launch operations may include, but
are not limited to: (1) pre-launch testing, such as pre-flight checks,
ground testing, and telemetry; (2) vehicle tracking, including the
transmission of parameter data from a launch vehicle to ground; (3)
telecommand signals for propulsive maneuvering of a launch vehicle and
separation of payload from launch vehicle; and (4) telecommand signals
for propulsive maneuvering of a reentry vehicle for return and
recovery.
The Commission emphasizes that these telemetry, tracking, and
command communications are authorized only during space launch
operations as defined above. This includes preparation for launch,
launch of the launch vehicle, the launch vehicle's flight path, release
of payload, and recovery or reentry of the launch vehicle. On-orbit
communications after a launch vehicle separates from its payload are
outside the scope of the service the Commission adopts today. The
Commission recognizes that there may be circumstances where telemetry,
tracking, or command activities may be necessary for the incidental
orbital period of a launch vehicle before or after it has separated
from its payload. The Commission will allow such incidental use only to
the extent necessary to successfully complete a launch operation.
However, incidental use must be limited only to the extent necessary,
and communications on these frequencies that are not related to space
launch operations as defined are not permitted.
Launch Vehicle-Satellite Communications. In the FNPRM, the
Commission sought comment on the possibility of authorizing
communications between space launch vehicles and satellite systems used
for data relay, noting that radios designed as earth stations for
communications with the Globalstar or Iridium satellite systems have
been used on space launch vehicles in order to utilize those systems
for data relay, including for telemetry, tracking, and command (TT&C)
purposes. Given this, the Commission asked whether these types of
operations should continue to be licensed on an experimental basis. In
response to these questions, Globalstar asserted that authorization for
these types of operations in the L-band at 1610-1626 MHz should
continue on an experimental basis only, given the limited number of
launch vehicle customers and limited nature of the message traffic.
Several other commenters generally voiced support for allowing such
operations, while others noted concerns. The Commission agrees with
Globalstar that currently the experimental licensing process serves as
an adequate mechanism for licensing these types of communications. As
Globalstar points out, current demand for these operations is limited.
Eligibility
In the FNPRM, the Commission sought comment about the appropriate
eligibility criteria for holding commercial space launch licenses. The
Commission proposed to use the supplemental eligibility criteria for
part 87 flight test stations as a model for eligibility criteria.
After reviewing the record, the Commission adopts a modified
version of the part 87 model and FNPRM proposal. Specifically, in order
to be eligible to hold a commercial space launch license, an applicant
must qualify as one of the following: a non-Federal entity that
conducts space launch operations, or a parent of such entity or a
subsidiary of such entity if either conducts space launch operations.
Commenters expressed unanimous support for providing
[[Page 63302]]
eligibility for commercial space launch licenses to those individuals
and entities that conduct space launch operations.
The Commission declines to extend eligibility at this time to
educational institutions and persons engaged in the design,
development, modification, and flight test evaluation of a launch or
reentry vehicle or launch or reentry vehicle components, as proposed in
the FNPRM.
Commenters expressed concerns over extending eligibility in this
fashion, arguing, for example, that such operations would be difficult
to monitor and control. Given the congested nature of the bands at
issue, the Commission opts to limit eligibility for permanent
authorization at this time to only those entities that conduct
commercial space launch operations, as recommended by NTIA/NASA. The
Commission may revisit its eligibility criteria in the future, if
needed.
The Commission also declines to require commercial space launch
license applicants to include a separate certification with their
application to establish eligibility. As Boeing observed, license
applicants using Form 601 already must certify as to their eligibility
to hold the license for which they are applying. General Certification
Statement 7 on Form 601 requires the applicant certify that ``it has
reviewed the appropriate Commission Rules defining eligibility to hold
the requested license(s), and is eligible to hold the requested
license(s).'' The Commission concludes that requiring a separate
eligibility certification would be a superfluous requirement for
license applicants.
Shared Frequency Use and Cooperative Use of Facilities
Consistent with the Commission's decision to allocate the 2025-2110
MHz band for commercial space launch operations on a secondary basis
and modify the allocation of the 2200-2290 MHz band, the Commission
adopts its proposal to provide non-Federal space launch operators
access to both bands on a shared, non-exclusive basis. The Commission
understands that these allocations will be used by space launch
operators to conduct telemetry, tracking, and command operations of
launch vehicles during pre-launch testing and space launch operations
and that they will more than often be working with the same launch site
operators given the finite number of suitable launch sites. As the
Commission noted in the FNPRM, given the potential for many different
launch vehicle operators to use a given launch facility, authorizing
commercial space operations on a shared and cooperative basis appears
to be a reasonable approach for providing spectrum access to multiple
space launch entities. The Commission finds therefore that providing
access on a shared, non-exclusive basis will offer the burgeoning
commercial space launch industry a more predictable, collaborative, and
flexible means of gaining access to spectrum, one that will provide
greater regulatory certainty and foster continued growth in this
sector. The Commission's decision is supported by the record in this
proceeding as the majority of commenters filed in support of spectrum
sharing on a non-exclusive basis through the use of coordination
techniques.
The Commission received few responses to the question raised in the
FNRPM regarding whether it should adopt a non-discrimination policy for
all space launch operations similar to the rule imposed by the part 87
rules on access to flight test facilities and none of these commenters
support imposing such a requirement. The Commission agrees with Boeing
that the cooperative use of space launch facilities are more
appropriately addressed through the use of private contractual
arrangements and will not impose a non-discrimination policy in this
context. Moreover, because the Commission grants licenses on a shared,
non-exclusive basis at a nationwide level, the Commission will not be
issuing only a single site-based authorization per launch site, which,
as SpaceX points out, obviates the need for the Commission to adopt a
non-discrimination requirement because launch vehicle operators will
have other sites around the country to choose from.
Licensing
In the FNPRM, the Commission indicated that its goals in licensing
space launch operations are two-fold: (1) to encourage innovations and
investments in the U.S. space commerce; and (2) to ensure a regulatory
environment conducive to the establishment of a competitive U.S.
commercial space launch sector while protecting Federal and other users
in the bands. To meet these goals and to facilitate the shared spectrum
access approach discussed above, the Commission will issue space launch
licenses on a nationwide, non-exclusive basis.
The Commission sought comment on various licensing models with the
aim of providing regulatory certainty in the marketplace while
minimizing administrative burdens and duplicative regulations.
Specifically, the Commission asked commenters whether it should
consider applying a site-based licensing model in a shared use
situation as fixed, well-defined areas of operation can simplify
coordination during the application process for services requiring
frequency coordination, and facilitate intensive spectrum sharing. The
Commission also suggested that a site-based approach would enable
stakeholders to identify quickly licensees in the band and their
specific areas of operation in the event interference issues arise thus
allowing parties to resolve such issues in the shortest timeframe
practicable.
The Commission also sought comment on other licensing models that
may be suitable in the space launch operations context. Among other
things, the Commission asked whether it should consider a new approach
combining various aspects of space-based services and aeronautical
service licensing rules or whether it would be appropriate to license
space launch vehicles similar to space stations and their communicating
ground/earth stations on a single or multiple site basis. In addition
to inquiring about conditioning ground/earth station operations on the
filing of a certification that any required frequency coordination has
been satisfactorily completed prior to a space launch, the Commission
asked whether it could license space launch operations in a manner
similar to previous licensing models applicable to certain wireless
services such as the 3650-3700 MHz band. In doing so, the Commission
sought to provide space launch operators access to various spectrum
bands on a non-exclusive, yet protected, basis, subject to measures
designed to promote shared use of spectrum, such as a registration and
frequency coordination requirement prior to each launch. The FNRPM also
considered ways to reduce potential administrative burdens and
streamline the information that would be needed for initial licensing
and then registration and coordination prior to a planned launch.
As discussed above, the Commission finds that space launch access
to spectrum on a shared basis is appropriate and finds that permitting
such access on a nationwide basis similar to the licensing mechanism
established for the 3650-3700 MHz band is also warranted. There is wide
support in the record for licensing commercial space launch operations
on a nationwide, non-exclusive basis covering related launch vehicles
across multiple launch sites. The Commission finds that such an
approach will give certainty to licensees and provide the efficiencies
of scale and scope that will
[[Page 63303]]
spur innovation, investment, and rapid deployment of space launch
services.
The Commission also agrees with commenters who assert that a
licensing framework based on nationwide, non-exclusive licenses offers
a number of distinct advantages over a site-based licensing regime. In
short, the record shows that a single nationwide, non-exclusive license
offers greater administrative and regulatory efficiencies than either a
site-based licensing regime or the arduous STA process, particularly as
the volume of commercial space launch activities continues to grow.
Nationwide licensing offers the advantages of a simpler, more
streamlined application process that shifts the burden of information
collection from the licensing stage to post-licensing site registration
and per-launch coordination with the relevant Federal and non-Federal
entities. Moreover, nationwide, non-exclusive licensing offers space
launch operators the benefit of only having to file a single license to
cover a range of different launch sites shared by multiple co-frequency
operators, a far more straightforward process than the site-by-site STA
process. The Commission agrees with SpaceX that granting a series of
authorizations by site, frequency band, and mission phase would create
unnecessary burdens and that structuring the license in a comprehensive
way enables each launch provider to have a ``single, all-in-one
authorization'' to cover all of its activities thereby obviating the
need for multiple licenses to cover different launch sites, different
recovery sites, and different launch vehicles.
From an operational standpoint, nationwide licensing offers space
launch operators the flexibility to accommodate future expansion in the
space launch industry as more launch sites (Federal or non-Federal) are
constructed, new and improved launch vehicle technologies are
introduced, and the number of licensees operating in the bands
continues to grow. As ULA notes, nationwide licensing affords space
launch operators the operational flexibility to launch from any U.S.
launch site to account for the multitude of variables, including
weather delays, payload changes, orbital-path and/or destination
shifts, and other ``uncontrollable'' factors that can affect the
location and timing of launches. Such flexibility is critical as launch
vehicle operators are not always the same entity as the launch site
operator, with variability from launch-to-launch in terms of the
entities involved on any given launch on any given date and time.
Prospectively, nationwide, non-exclusive licensing also could
provide the Commission with a strong foundation to build upon as it
develops a regulatory scheme that will accommodate space-to-space
communications through the record being developed by the Second FNPRM.
With the input of Federal and non-Federal stakeholders, the Commission
anticipates that it will develop a record to determine the best path
forward for licensing on-orbit services, including RPO and OOS. As
discussed in further details below, the Commission would pair a
nationwide licensing scheme with post-licensing coordination to ensure
cooperation with and avoid harmful interference to co-frequency
entities. Post-licensing coordination under this framework would permit
non-Federal licensees who are sharing the frequency bands to address
specific areas of operation associated with each specific launch
(launch site location and corresponding stations, launch vehicle, in-
flight trajectories or coordinates, etc.) in a manner similar to
existing coordination processes.
The Commission concludes that the 3650-3700 MHz licensing framework
that authorized nationwide, non-exclusive licenses for terrestrial
operations on a cooperative shared basis offers a suitable template to
license commercial space launch operations in a similar streamlined
fashion. The Commission bases this conclusion on the unique nature of
the service, including the variability of launches. The Commission
agrees with the Satellite Industry Association (SIA) that a modified
version of the 3650-3700 MHz licensing model would provide a good
licensing framework for space launch operators to obtain nationwide,
non-exclusive licenses for shared spectrum use. The Commission also
agrees with ULA that it should apply elements of the 3650-3700 MHz
licensing framework, including the requirement that operators can
obtain a nationwide license only if they agree to cooperate with and
avoid harmful interference to co-frequency licensees and cannot
commence operations until they register the sites affiliated with their
launch service. In the 3650-3700 MHz proceeding, the Commission
indicated that nationwide, non-exclusive licenses would serve as a
prerequisite for registering individual fixed and base stations, i.e.,
a licensee cannot operate a fixed or base station before registering it
under its license and must delete registrations for unused fixed or
base stations to facilitate proper coordination.
Like the 3650-3700 MHz licensing regime, any space launch operator
interested in obtaining a nationwide, non-exclusive license can do so
on the condition that they agree to cooperate with and avoid harmful
interference to co-frequency entities and complete coordination efforts
to avoid in-band interference, including providing the information
necessary to conduct coordination via site registration. All commercial
space launch licensees in the band will have equal rights to the use of
the spectrum as long as they comply with all applicable licensing,
service, and operating rules but all the licensees will have a mutual
obligation to cooperate and avoid causing harmful interference to other
users in the band. Applicant qualification for non-exclusive nationwide
wireless licenses in the space launch service will be assessed in
accordance with FCC Form 601 and Commission rules. There will be no
limit to the number of non-exclusive nationwide wireless licenses that
may be granted for the spectrum allocated to commercial space launch
services, and these licenses will serve as a prerequisite for
registering launch sites and operational parameters, space launch
vehicle stations, individual ground/earth stations, and itinerant
stations needed to support a launch. The Commission notes that the
registration process will be streamlined to the extent possible and
will be done electronically through the Universal Licensing System
(ULS) as suggested by several commenters. The initial filing date for
these commercial space launch licenses, along with directions on how to
use the ULS, will be announced in a future Wireless Telecommunications
Bureau (WTB) Public Notice. The Commission notes that in order to keep
the ULS licensing and registration database for space launch services
accurate and up-to-date, the Commission delegates to the WTB the
authority to adopt rules regarding the reporting of database
information including reporting of any license or secondary markets
transactions. WTB will issue a Public Notice seeking comment on these
issues, as appropriate.
As stated above, the Commission is hereby creating a new rule part
26 that will set forth the licensing, operation, and service rules for
the space launch service. With respect to their regulatory status under
the Communications Act, space launch service licensees operating in
these shared use bands will be providing services on a non-common
carrier basis after they obtain their
[[Page 63304]]
licenses and register the launch site and corresponding fixed, base,
and itinerant stations as well as mobile stations associated with the
launch vehicle to comply with post-license grant coordination
requirements. Consistent with the non-exclusive nature of the licensing
scheme the Commission is adopting here, it will not impose any spectrum
aggregation limits, either in-band or out-of-band, or eligibility
restrictions other than the eligibility criteria discussed above and
statutory foreign ownership restrictions. All potential space launch
service providers will have equal access to these bands and by opening
this spectrum to as wide a range of eligible applicants as possible,
the Commission aims to encourage new entry and investment as well as
entrepreneurial efforts to develop new launch-related technologies and
services, while helping to ensure efficient spectrum use. The
Commission further believes that this approach will promote economic
opportunity and competition in the subject bands. The Commission will
not impose a performance or build-out requirement because space launch
sites and launch vehicles may vary from launch to launch, making
specific construction requirements impractical. Of course, any
interested party is free to, depending on the site, construct
facilities and may operate according to its particular business plan at
any time, as long as it has a valid wireless license, registers its
stations, and complies with coordination requirements as well as other
applicable rules. However, the Commission strongly expects space launch
service providers to consult with NTIA in advance of commencing
construction on a new launch site. The Commission concludes such a
consultation is in the provider's best interest, as providers will have
the information needed from NTIA to make an informed decision about
whether to proceed with construction at a given site. Although the
Commission does not impose a performance requirement, it will require
that space launch licensees delete registrations for unused sites and
unused fixed, base, itinerant, and mobile stations in order to maintain
ULS database integrity and facilitate efficient coordination between
licensees.
Any eligible party may apply at any time for a license in these
frequency bands regardless of the presence of other licensees in the
geographic area where it intends to use the spectrum and licensees may
assign or transfer their non-exclusive nationwide authorizations, upon
application to and prior approval from the Commission. However, the
Commission's decision to license the space launch services on a non-
exclusive nationwide basis obviates the need to adopt partitioning and
disaggregation provisions because partitioning and disaggregation is
only pertinent in geographic licensing settings where the licensee has
exclusive use of a particular area. For similar reasons, the Commission
need not make its spectrum leasing rules applicable to licensees
because the non-exclusive licensing scheme the Commission employs here,
coupled with the required post-license coordination, permits a high
degree of access and spectrum re-use in these bands by multiple users,
while minimizing the likelihood of harmful interference. Accordingly,
the spectrum leasing arrangements described in the Secondary Markets
Report and Order (68 FR 66252, November 25, 2003) are not applicable,
and the Commission does not see a need to apply those spectrum leasing
rules and policies to this spectrum at this time.
Authorized Bandwidth
In the FNPRM, the Commission proposed to grant licenses for
commercial space launch operations using a 5 megahertz bandwidth for
the 2200-2290 MHz band and sought comment on the appropriate bandwidth
for the 2025-2110 MHz band. The Commission also sought comment on
whether to permit licensees to use larger bandwidths upon adequate
justification, and also on whether to authorize operations using a
range of bandwidths instead of a fixed bandwidth of 5 megahertz. After
reviewing the record, as well as the space launch operations the
Commission has licensed on experimental bases to date, the Commission
will issue licenses of any bandwidth a licensee chooses, up to 5
megahertz, for both bands. In the event a licensee requires a bandwidth
greater than 5 megahertz, the Commission will authorize a bandwidth
exceeding 5 megahertz upon adequate justification for why such
bandwidth is necessary for space launch operations in a particular
launch. For purposes of such requests, licensees must demonstrate that
the bandwidth requested is that which is necessary to accomplish the
specific telemetry, tracking, or command operation(s) at issue. This
framework is similar to the Commission's licensing of the 2360-2395 MHz
band space launch telemetry and telecommand operations, which are
licensed on a range of bandwidths capped at 5 megahertz, with larger
bandwidths available on a case-by-case basis.
Given that the majority of requests for experimental licenses for
the 2200-2290 MHz band to date have requested bandwidths smaller than 5
megahertz, the Commission finds it appropriate to impose a 5 megahertz
maximum bandwidth limitation. In light of the existing usage of this
band, the Commission finds it appropriate to limit the authorized
bandwidth to only that which is generally necessary for a launch. The
Commission notes that the limit for Federal space launches using the
2200-2290 megahertz band is 5 megahertz, and NASA supports applying a 5
megahertz maximum bandwidth to non-Federal launch operations as well.
While there was limited discussion in the record regarding the
appropriate bandwidth limit for the 2025-2110 MHz band, NOAA notes that
Federal entities are limited to a maximum bandwidth of 5 megahertz in
both the 2025-2110 MHz and 2200-2290 MHz bands in order to reduce
congestion and to ensure compatibility with existing operations. The
Commission concludes that it would be appropriate to apply a 5
megahertz limit to non-Federal uses of the 2025-2110 MHz band for these
reasons as well. While some industry commenters advocated for an
authorized bandwidth exceeding 5 megahertz, the Commission finds that a
5 megahertz limit for both the 2025-2110 MHz band and the 2200-2290 MHz
band will help to lessen impacts to other users in these bands, and put
commercial space launch operators on par with Federal entities as well
as those using the 2360-2395 MHz band for launch operations. And as
explained below, the Commission is allowing licensees to exceed the 5
megahertz bandwidth to the extent they can demonstrate such additional
bandwidth is necessary for a given launch.
Further, the Commission finds that allowing licensees to choose
their own bandwidth, up to 5 megahertz, will provide licensees with the
flexibility to undertake a variety of commercial space launch
activities, including future industry developments. No commenters
opposed this approach, while NASA supports allowing non-Federal users
to use any bandwidth up to and including 5 megahertz, noting that the
narrower emissions will be easier to coordinate with existing Federal
users. For those reasons, the Commission will allow licensees to choose
a bandwidth of any size, up to 5 megahertz.
While the Commission finds that it should impose a maximum
bandwidth of 5 megahertz as a means to help lessen the impact of
commercial space launch operations on these bands, the
[[Page 63305]]
Commission is aware that there may be instances when wider bandwidths
may be necessary for a given launch. The Commission therefore finds it
appropriate to permit commercial space launch operators to use
bandwidths exceeding 5 megahertz on a case-by-case basis. Several
commenters advocate for bandwidths exceeding 5 megahertz. Conversely,
NASA argues that authorized bandwidth should be capped at 5 megahertz,
arguing that the same restriction applies to Federal users in the 2200-
2290 MHz range. However, bandwidths exceeding 5 megahertz in the 2200-
2290 MHz band are available to Federal users upon adequate
justification. In addition, commercial launches in the 2200-2290 MHz
range using bandwidths exceeding 5 megahertz have been successfully
coordinated with NTIA in the past. Similarly, as noted, although launch
operations in the 2360-2395 MHz band have a limit of 5 megahertz, the
Commission's rules permit applicants to seek authorization for wider
bandwidths.
Accordingly, for those commercial space launch operators seeking
authorizations for bandwidths exceeding 5 megahertz in the 2200-2290
MHz and 2025-2100 MHz bands, the Commission will apply the NTIA
framework for such requests. Specifically, the requesting space launch
operator shall submit a justification as part of the registration
process for a launch on why the requested bandwidth is necessary for
the specific TT&C space launch operation, including an explanation of
why the operator's requirements cannot be satisfied using a bandwidth
of 5 megahertz or less. The applicant's justification will be carefully
assessed to determine whether a request for bandwidth in excess of 5
megahertz for a given launch will be granted. Such requests will not be
routinely granted given the goal of limiting impacts to other users in
the band. As discussed below, all launch operations must be
coordinated; the Commission notes that, given the heavy usage of these
bands, it may be difficult to successfully coordinate operations
involving requests for bandwidths greater than 5 megahertz.
License Term and Renewal
The Commission adopts a ten-year license term for commercial space
launch operations. In the FNPRM, the Commission tentatively concluded
that a ten-year term would provide sufficient certainty and flexibility
for space launch providers. The Commission has applied ten-year license
terms to similar services, such as part 87 aviation, part 90
radiolocation, and part 90 telemetry and remote control operations.
More generally, ten-year license terms are common among the
Commission's various wireless services.
Several commenters support the Commission's ten-year term proposal
while others advocate for a 15-year license term. The Commission does
not agree that a longer 15-year term is necessary for commercial space
launch operations. Regarding space stations and earth stations, the
operation of satellite communications under part 25 presents a distinct
set of factors from space launch considerations, including the scope
and extent of deployment. Although the Commission has also adopted 15-
year license terms under certain circumstances for non-satellite
wireless services, it has done so to address circumstances not present
here, such as the complexities surrounding 5G deployment, relocation
and repacking of incumbent operations, and support for network
expansion and densification. The Commission instead agrees with SIA
that a ten-year term is sufficient to provide launch operators with the
certainty of a longer license term, and will encourage launch operators
to make long-term investments. And while the Commission seeks to
provide commercial space launch operators with as much certainty as
possible, the Commission also finds it necessary to set timeframes that
will enable us to adequately verify that licensees are operating within
their authorized parameters. Given the congested nature of the bands at
issue, the Commission conclude that such review should take place after
ten years, not 15.
Given the heavy use of these bands, the Commission also finds it
appropriate to require space launch operators to demonstrate that they
qualify for license renewal. In 2017, the Commission harmonized the
renewal processes for numerous Wireless Radio Services (WRS). The
Commission determined that a site-based WRS licensee would meet the
Commission's renewal standard if it could certify that it is continuing
to operate consistent with its most recently filed construction
notification (or most recent authorization, when no construction
notification is required), and make certifications regarding permanent
discontinuance and substantial compliance with Commission rules and
policies. The Commission also provided that, for geographic-based
licenses to qualify for renewal at the end of an initial license term,
the licensee must show that it timely constructed to any level(s)
required by the service-specific rules for either provision of service
to the public or for the licensee's private and internal needs, and,
thereafter, consistent with the Commission's permanent discontinuance
rules, continuously provided service or operated at or above the
required level(s) for the remainder of the license term. The WRS Order
(82 FR 41530, September 1, 2017) does not apply to Wireless Radio
Services that are licensed by rule or on a ``personal'' basis or that
have no construction/performance obligation.
Because launch operations are dissimilar to most other wireless
services, the Commission does not find it appropriate to apply to
commercial space launch licensees the same renewal standards that are
applied to geographic-based or site-based WRS licensees. Instead, a
commercial space launch licensee will be entitled to renewal if it
remains otherwise qualified and can certify that (1) it has operated
and is continuing to operate consistent with Commission rules and the
terms of its existing authorization, and (2) it has complied with the
required coordination throughout its license term. Given the nature of
space launch operations (for example, there may be significant periods
of time between launches), the Commission will not apply discontinuance
of operations rules.
Most of those commenting on this issue support a presumptive
renewal expectancy and oppose renewal showings. Commenters that oppose
the use of a renewal showing claim that one is not necessary given the
non-exclusive nature of the band, which, commenters claim, prevents
spectrum warehousing by itself. While the Commission agrees that a non-
exclusive band presents different considerations from an exclusive
licensing regime, the Commission concludes that imposing this
requirement will aid us in verifying that space launch entities are
operating within licensed parameters, thereby helping to manage use and
prevent interference within congested bands. As noted in the FNPRM, the
Commission concludes that requiring a renewal showing from commercial
space launch entities would facilitate efficient spectrum use by
ensuring that licensees use the spectrum productively, collaboratively,
and in compliance with Commission rules. For that reason, the
Commission adopts the aforementioned renewal standard.
Application Process
The Commission concludes that it serves the public interest and the
[[Page 63306]]
Commission's policy objectives to promote innovation and investment in
the United States commercial space launch industry by assigning non-
exclusive nationwide licenses for the space launch services which will
not result in mutually exclusive applications and therefore will not be
subject to the competitive bidding requirements of section 309(j) of
the Communications Act. Consistent with the Commission's decision to
adopt a non-exclusive nationwide licensing scheme, the Commission will
adopt an application process modeled after the 3650-3700 MHz licensing
framework to permit space launch operators access to various spectrum
bands on a non-exclusive basis, subject to measures designed to promote
shared use of spectrum, that will impose a post-license grant frequency
coordination and registration requirement prior to each launch.
Application Form and Licensing Database. Building on the
Commission's decision to utilize a modified version of the 3650-3700
MHz licensing model, it will require space launch operators to apply
for and obtain a nationwide, non-exclusive license in ULS. Once
licensed, space launch operators, working through a third-party
coordinator, must coordinate each launch with NTIA and other non-
Federal users, as discussed infra. After that per-launch, per-site
coordination process has been successfully completed, space launch
operators must then register in ULS the technical and operating
parameters associated with the coordinated launches. Only after the
final technical parameters of a given launch are registered under their
license can space launch operators commence their launch service
subject to the condition that they re-coordinate a launch if
operational details change and agree to maintain and update those
registered sites and stations, including deleting any unused or
superseded launch site or station information to facilitate
coordination. The information required for the application,
coordination and registration processes will be identified in a Public
Notice.
A number of commenters weighed in on the use of a common database
to receive applications for launch operators seeking authorization to
provide commercial space launch services and to register terrestrial
sites and associated stations. Several commenters advocated for the use
of the Commission's existing licensing databases, Universal Licensing
System (ULS) or International Communications Filing System (ICFS), and
their associated forms and schedules. The Commission agrees with Boeing
that requiring applicants to file FCC Form 601 and its associated
schedules through the ULS would be expedient and administratively
efficient and notes that the 3650-3700 MHz band upon which it is basing
the Commission's licensing approach has been successfully administered
through ULS. The Commission therefore declines to use Form 312 and
Schedule S and ICFS at this time. While several commenters urged the
Commission to consider using FCC Form 312 and Schedule S in the ICFS
system in line with part 25 authorizations, the Commission agrees with
Boeing that Form 312 and Schedule S would require significant revisions
to accommodate space launch licenses, changes that would be difficult
to implement with the older ICFS software. The Commission also finds
using the ULS database to field applications is consistent with its
decision to create a new rule part 26 for the space launch service
rather than shoehorning a unique and fast developing service into
existing rule parts like part 87, 90, or 25.
Filing requirements and station registration to facilitate post-
licensing coordination with frequency coordinators and NTIA/DoD. The
Commission received only a few comments regarding the information that
applicants should provide in an application. The Commission finds that
these comments have merit, but that technical data such as frequencies
would be most useful for coordinating and registering specific
launches. For purposes of applying for the nationwide, non-exclusive
license, the Commission finds that it is only necessary for launch
providers to provide administrative information and later register data
associated with a specific launch operation, such as the name of the
launch sites and their latitude, longitude, address, corresponding
stations, and area of operation for mobile stations. Indeed, data such
as frequencies and technical parameters will vary from launch to launch
and are not necessary for assessing an application for a nationwide,
non-exclusive license.
The Commission will delegate to the WTB the authority to further
review and refine the filing process. As stated previously, the initial
filing date for these commercial space launch applications, along with
directions on how to use the ULS, will be announced in a future WTB
Public Notice. Correspondingly, the Commission also delegates to the
WTB the authority to specify application information, to make any
necessary modifications to the FCC Form 601 and its related schedules,
including any reprogramming of the ULS software, to accommodate the
application and post-license site and station registration and
frequency coordination process prior to each launch. The WTB will issue
a Public Notice, in consultation with the Space Bureau and Office of
Engineering and Technology, seeking comment on these issues, as
appropriate, to further refine the Commission's online application
process and accommodate frequency coordination.
As discussed infra, the Commission will require space launch
operators to coordinate every launch with applicable Federal and non-
Federal entities. While the WTB after seeking comment will issue a
Public Notice identifying information that will be required with
respect to the application and coordination processes as well as post-
license grant registrations, licensees will likely be expected to
provide, at a minimum, the same operational and technical parameters
currently required of applicants seeking special temporary authority
for their space launches to facilitate post-licensing coordination. The
Commission anticipates that licensees will identify requisite site and
station information, including the specific coordinates of fixed, base,
and itinerant stations (e.g., latitude and longitude), frequency
channels, launch trajectories, launch window or planned launch date,
and any other technical and operational information (e.g., antenna
characteristics, power levels, emission designators, launch vehicle
trajectory) needed by a third-party frequency coordinator to submit the
launch coordination request to the relevant non-Federal and Federal
entities. Other information could include coordinates and operational
parameters of the earth/ground stations launch operators will be using
to provide service at a particular launch site, including whether the
sites are Federal or FAA-licensed commercial spaceports or non-Federal
launch sites (e.g., Spaceport America in New Mexico and Mojave Air and
Space Port in California). Operators may also be asked to provide any
coordination agreements that they have already entered into with co-
frequency entities or successfully completed coordination conducted by
the designated frequency coordinator. As part of this post-license
grant coordination process, launch providers must consistent with the
Commission's service rules comply with the continuing obligation to
update their licenses to ensure proper coordination. As noted, the WTB
Public Notice will
[[Page 63307]]
seek comment on collection of this coordination data as well.
Space Launch Vehicle Operations with Earth Stations Outside the
United States. The Commission agrees with commenters that any launch
vehicle operator that requires communication with a foreign earth
station must obtain the necessary approvals for operations of the earth
station from the appropriate regulatory body in that country. However,
this does not mean that the launch vehicle can be correctly viewed as
licensed by that same regulatory body. The Commission is unaware of any
International Telecommunications Commission (ITU) Administration that
views a U.S. launch vehicle upper stage as a station subject to its
licensing (See Article 18.1) simply because it communicates with an
earth station within its territory, and similarly this is not the
approach taken for non-U.S. launch vehicles communicating with U.S.
earth stations. More generally the Commission's current licensing of
space stations, including under parts 5, 25, and 97, accounts for space
station operations with earth stations outside the United States. The
conditions that the Commission places on a satellite license continue
to be in effect for the duration of satellite operations regardless of
whether the satellite communicates with non-U.S. licensed earth
stations, and in some circumstances the space station authorization may
involve communications exclusively with earth stations outside the
United States.
Operations Inside the United States with non-United States Space
Launch Vehicles. The commission received limited comments on this
issue. The Commission agrees with Boeing that there may not be a
current demand for these types of communications. The Commission
concludes that it can address any requests for these communications
through the experimental licensing process for the time being. The
Commission believes this approach addresses Astra Space's comments as
well by providing an avenue for operators to seek authorization.
ITU Process. Commenters generally oppose requiring submissions to
the ITU related to space launch operations. The Commission agrees with
commenters that under current circumstances many U.S.-based space
launches may not result in the realistic potential for international
harmful interference, particularly with respect to the first stage of a
launch vehicle or a single stage launch vehicle, for which radio
operations may be limited to line-of-sight communications with ground
stations in U.S. territory and occur while the launch vehicle is over
oceanic areas. As such, engaging in a filing process with the ITU might
be viewed as an unnecessary administrative hurdle, and any interference
concerns can be addressed bilaterally with adjacent countries. However,
the Commission also recognizes its duty to carry out the United States'
treaty obligations as a ratifying member of the ITU convention, and
that this includes an obligation to ensure that U.S.-licensed
operations do not cause harmful interference on an international scale.
This concern is of greater significance for launch vehicle upper stage
operations involving earth stations outside the United States, as those
operations do present the potential for interference in multiple
countries. These competing considerations must be taken into account in
determining whether ITU filings should either be uniformly required for
licensed part 26 operations, or whether operators should be exempted
from such requirements.
A third option is to require applicants to submit appropriate draft
documentation for submission to the ITU on a case-by-case basis, as is
the current practice, if the scope and nature of the space launch
operations would have the potential to cause harmful interference in
another country. For example, the Commission may consider requiring a
filing if the upper stages of a launch vehicle will be communicating
with earth stations outside the United States. This would align the
U.S. with the practice of other countries that submit materials to the
ITU for upper stage orbital operations. The Commission concludes that
this third option is preferrable. The Commission will not adopt a
blanket requirement that all space launches require an ITU filing, yet
it does not preclude its ability to require such a filing in the event
the Commission deems that such a filing would be necessary and prudent
in order to avoid harmful interference with other countries. The
Commission has taken steps to create a flexible licensing regime for
space launches under the new part 26, including allowing one launch
license to cover multiple launches and nationwide launch locations, and
a 10-year license duration. Particularly given the longer-term aspects
of the licensing approach adopted, requiring an ITU submission as part
of the license application process will not create an undue burden to
operators in the event a filing is deemed necessary and appropriate.
The Commission also notes that it will be bound by any future ITU
requirements related to space launch filings and so its current
position is subject to change upon the issuing of new ITU regulations
in this area.
Frequency Coordination
In the FNPRM, the Commission sought comment on the appropriate
coordination process between Federal and non-Federal entities to be
used prior to the grant of an application for space launch frequencies
as well as a coordination process for the ongoing use of these
frequencies by operators during their license terms. The Commission
also sought comment on whether it should require applicants for a
license in space launch frequencies to undergo a pre-application
coordination requirement similar to that specified in Sec. 87.305, or
whether, in the alternative, the Commission should impose a different
coordination process.
As a general matter, all of the commenters in the record support
the use of frequency coordination and spectrum deconfliction to prevent
harmful interference to co-frequency non-Federal/Federal operations and
ensure the efficient use of spectrum in these bands. Where they differ
is when the coordination process should take place. While a few
commenters argue in favor of a pre-license grant coordination approach,
most commenters favor a post-license grant coordination and spectrum
deconfliction process. Comments submitted by Federal stakeholders
emphasize the importance of coordinating on a case-by-case, launch-by-
launch basis to ensure that Federal users in the bands are protected
from harmful interference.
Based on the record in this proceeding, the Commission finds that
post-license grant coordination will ensure cooperation with and avoid
harmful interference to co-frequency entities, both Federal and non-
Federal, operating in the 2025-2110 MHz and 2200-2290 MHz bands. The
Commission believes that post-license grant coordination in concert
with a comprehensive nationwide, non-exclusive licensing regime will
provide space launch operators access to the spectrum they need and
relief from the administrative burdens associated with either a site-
based licensing approval process or the current launch-by-launch STA
regime. Post-license grant coordination will also endow them with the
operational flexibility to modify their launch parameters (e.g.,
frequency channels, antenna height, trajectory, power level) closer in
time to the launch event and the latitude to adjust their services to
accommodate demand as it arises.
[[Page 63308]]
The Commission reaches this decision based on the length of the
license term (10 years) and a record that demonstrates the complicated
logistics surrounding space launch operations, including multi-factored
variability of launch elements that are beyond the licensee's control,
as well as changes in the operational environment on and around Federal
ranges and other sites that are likely to occur over time. On balance,
these factors suggest that a one-time pre-licensing coordination would
be insufficient to protect co-frequency entities from harmful
interference in spectrum bands that commenters suggest are already
congested. Moreover, given the anticipated growth of space launch
services, the Commission finds that a one-time pre-licensing
coordination is unlikely to cover all the space launches that will
occur over the life of an operator's license nor would it be able to
anticipate the introduction of new launch sites, changes in launch
vehicles, or technological innovations that are likely to occur during
those ten years. For these reasons, the Commission believes that third-
party coordination and spectrum deconfliction would be better executed
post-license grant.
Post-licensing coordination affords space launch operators who are
sharing these frequency bands (and launch facilities) the opportunity
and flexibility to adjust specific areas of operation (site location,
launch vehicle, or in-flight trajectories, etc.) as they come up with
each individual launch event, particularly as they get closer to the
scheduled launch date. For space launch operators seeking launch
clearance, it is critically important that their post-grant
coordination requests cover the key elements of a launch so they can
adequately complete the required per-launch coordination process.
Consistent with the Commission's decision to adopt allocation and
service rules for space launch services for two distinct bands, 2200-
2290 MHz (space-to-earth) and 2025-2110 MHz (earth-to-space), the
Commission will adopt a post-license grant coordination approach that
takes into account the unique characteristics of these bands. The
Commission will also approach coordination in a manner that reflects
its decision to apply a modified 3650-3700 MHz licensing framework to
grant space launch operators a nationwide, non-exclusive blanket
license on the condition that they agree to cooperate with and avoid
harmful interference to co-frequency entities and cannot operate launch
sites and corresponding radio stations (earth/ground stations, stations
on their launch vehicles, and any associated mobile stations on the
ground) until they have first registered them under their license after
completion of coordination through a third-party coordinator.
The Commission finds significant efficiencies justifying the use of
a third-party frequency coordinator in the bands at issue. Given the
variety of non-Federal and Federal stakeholders sharing this spectrum,
all with different operational and technical needs, and the
administrative burdens licensees face in having to submit to different
coordination processes, the Commission finds it prudent to designate a
single entity that will serve as both a clearinghouse and as an
intermediary in negotiating operational parameters with SBE, NTIA,
government automated frequency coordination (AFCs), and co-frequency
operators. Currently, space launch operators are tasked with
determining the impact of their services on non-Federal and Federal
users whose operations may or may not have already been coordinated by
SBE to protect BAS, CARS, and LTTS in the 2025-2110 MHz band as well as
the effect on co-frequency operators and Federal incumbents that must
be protected in both bands. The Commission finds that a single third-
party coordinator armed with knowledge of the operational guidelines
imposed by prior coordination can cross reference that data with new
requests for coordination in real time and act as an intermediary with
SBE and NTIA to speed up the review process and thus expedite
deployment in the bands. Absent the assistance of a centralized
coordinator familiar with the operational and protection needs of non-
Federal operators and Federal incumbents as well as the terms of
previously completed launch coordination, individual space launch
operators will find it far more difficult to navigate the requisite
layers of approval in a timely fashion, particularly considering the
short turnaround times and multi-factored variability of space launches
and the fluctuating needs of Federal users in these heavily trafficked
bands. Having a third-party entity perform those duties on behalf of
the operators will streamline the coordination process, offer greater
flexibility to operators as they approach scheduled launch dates, and
ensure protection for incumbent operations against harmful
interference.
Accordingly, the Commission hereby adopts a post-license grant
coordination regime that will be facilitated by a third-party space
launch frequency coordinator and require a two-part process: (1) for
the 2025-2110 MHz band, a site-specific coordination of the operator's
stations and launch parameters with BAS operations; and (2) for both
bands, coordination on a per-launch basis with NTIA. In practice, as
described in more detail below, coordination processes for the two
bands will be different given the existing 2025-2110 MHz coordination
process currently conducted by SBE to protect BAS, CARS, and LTTS
operations and previously coordinated Federal incumbents in the band.
2025-2110 MHz Post-license Coordination (Earth-to-Space). Once a
launch operator registers its site and corresponding station
information with the Commission in ULS and it is made available to the
space launch frequency coordinator, the coordinator will verify that
the operator is licensed and then contact the SBE Frequency
Coordination Manager and the relevant SBE local market coordinator for
the 2025-2110 MHz band to initiate coordination for the local launch
site to protect non-Federal incumbents.
For this process, the Commission adopts an approach that mirrors
the coordination approach that Federal users in the band must follow.
As noted in the FNPRM, Federal entities seeking to use the 2025-2110
MHz band for TT&C uplink purposes must coordinate with all BAS and
other non-Federal incumbents that may be affected by the Federal
operation prior to submitting an application, and must engage the local
BAS frequency coordinator(s) in support of achieving such coordination.
In the context of pre-license grant coordination, the Commission sought
comment on whether to require commercial space launch operators seeking
to use the band to follow the same coordination process to help ensure
that launch operations will not cause harmful interference to
applicable non-Federal and Federal incumbents in the band. In its
comments, SBE described this Federal precedent and pointed out that the
terms of a subsequent SBE-NAB-DoD Memorandum of Understanding (MOU) are
currently being used to coordinate Federal entities seeking to use the
2025-2110 MHz band for TT&C uplink purposes. Engineers for the
Integrity of Broadcast Auxiliary Services Spectrum (EIBASS), NAB, and
SpaceX supported the use of the BAS coordination approach set forth in
the SBE-NAB-DoD MOU.
Accordingly, the Commission adopts the same site-specific BAS
coordination process (and any re-coordination of the launch site) for
commercial space
[[Page 63309]]
launch services for the Commission's post-license grant coordination
regime. The Commission finds merit in SBE's suggestion that this means
that each space launch communications operator, through a third-party
space launch frequency coordinator, should either complete BAS
coordination for its identified sites or provide a showing to the space
launch frequency coordinator (a) that it has previously coordinated its
proposed operations with the SBE Frequency Coordination Manager; (b)
that it has ascertained that its proposal will not constrain, preclude,
nor interfere with incumbents in the band, including BAS, CARS, and
LTTS licensees; and (c) that it has demonstrated in a technical showing
that its proposed operation will not create more than 0.5 dB increase
in the noise threshold of a receiver at a fixed or temporary fixed
electronic news gathering (ENG) receive site.
The Commission does not anticipate that there is a need for a
subsequent per-launch coordination with BAS as long as the site
operation for the proposed launch is consistent with the technical
characteristics and launch parameters that were successfully
coordinated previously and complies with any conditions or agreements
resulting from such prior coordination. In other words, there is no
need to conduct a per-launch coordination with BAS if the operator/
frequency coordinator can perform the technical calculations to show
its proposed uplink operations will meet the SBE-NAB-DoD protection
criteria. The Commission finds that this approach will streamline the
coordination process with BAS, particularly for space launch operators
who provide multiple launches over their license term with the same
sites that were previously coordinated and retain the same technical
and operational characteristics. The Commission notes, however, that if
these conditions are not met then the site must be re-coordinated
pursuant to the site-specific BAS coordination process outlined above.
With respect to protecting Federal users in the band, the
Commission will require coordination with NTIA on a post-grant, per-
launch basis. This process will be initiated after the operator obtains
its license and provides applicable launch site and corresponding
station information to the Commission in ULS, and submits this data,
along with its proposed operational parameters, in a coordination
request to the third-party space launch frequency coordinator. Given
the variability of space launches, per-launch coordination offers an
effective means of protecting co-frequency Federal users in the 2025-
2110 MHz band from any potentially harmful interference stemming from a
particular launch. The Commission notes that per-launch coordination is
particularly well suited for accommodating the changing nature of
Federal spectrum use. As demonstrated by NTIA's Federal Government
Spectrum Use Reports, Federal spectrum uses and needs continue to
evolve over time. The timely nature of a per-launch coordination with
NTIA, facilitated by a third-party frequency coordinator, would account
for the fluctuating needs of Federal TT&C used to track mobile
satellites and the shifting demands of Federal mobile users that tend
to change locations over time. The Commission contemplates a process
that will be functionally similar to the current per-launch STA
coordination procedures. As noted in the record, frequency coordination
has been an effective tool in ensuring equitable spectrum sharing by
co-frequency non-Federal and Federal users without causing harmful
interference. While the Commission adopts baseline power and emissions
standards to facilitate spectrum sharing and interoperability among
Federal and non-Federal operations, as explained in further detail
below, per-launch coordination will be critical in determining
additional technical and operational parameters necessary to permit
space launch operators to carry out missions without causing harmful
interference to other users of the spectrum. Given the intermittent
nature of space launch operations as well as evolving Federal spectrum
uses, this targeted per-launch approach ensures timely and accurate
guidance closer to the launch date by affording parties the flexibility
to make adjustments necessary to protect co-frequency Federal users.
2200-2290 MHz Post-license Coordination (Space-to-Earth).
Similarly, for the 2200-2290 MHz band, a space launch operator must
identify applicable site and corresponding station information with the
Commission in ULS and make it, along with its proposed operational
details, available to the third-party space launch frequency
coordinator, who verifies that the operator is licensed and that the
request comports with rules, to initiate the coordination process with
NTIA. Coordination with NTIA will be functionally similar to the
current STA coordination process (i.e., site-specific and per-launch
coordination with NTIA and the relevant Federal offices). Similar to
the 2025-2110 MHz band, the coordination process will enable any
necessary adjustments regarding the operational and technical
parameters on a per-launch basis to protect against harmful
interference.
The Commission directs WTB to seek further comment on the
circumstances attending the designation of a third-party space launch
coordinator, including a mechanism for selecting a frequency
coordinator. As noted, WTB will issue a public notice regarding the
coordination process after reviewing the record, which will include
information regarding the third-party frequency coordinator.
Technical Rules for Space Launch Operations
As noted in the FNPRM, the Commission seeks to establish technical
parameters for commercial space launch operations that will support the
evolving interests and requirements of commercial space entities while
minimizing harmful interference between Federal and non-Federal
operations. The Commission proposed that the current framework
applicable to Federal operators would offer a predictable and tested
model that facilitates the efficient use of spectrum while minimizing
interference among users in these bands, and proposed to adopt a
similar set of technical rules for non-Federal space launch operations
in the 2200-2290 MHz and 2025-2110 MHz bands. The Commission finds that
adopting baseline emissions and power limits similar to that which
currently apply to Federal operations will facilitate interoperability
and greater predictability regarding operations in these bands. As
discussed previously, however, the variability of space launches and
the changing needs of Federal operations may require additional or
alternative technical requirements for a given launch as determined
pursuant to the coordination process. The Commission concludes that
adopting a technical framework that relies on close coordination
between Federal and non-Federal entities as well as the use of similar
emissions and power limits will help users of the bands to avoid
harmful interference while allowing commercial launch providers to
benefit from the economies of scale inherent from using the same
communications systems for both Federal agencies and commercial
customers.
2200-2290 MHz Band
The FNPRM noted that space launch operations may potentially
operate under a dual regulatory approach, and
[[Page 63310]]
sought comment on the appropriate technical requirements under both a
space operations and aeronautical mobile allocation. The Commission
asked whether these technical rules align with NTIA's requirements for
both Federal and non-Federal space operations and how the Commission
might promote consistency between and among the various, similarly
situated services authorized in the band.
Emission masks. In the FNPRM, the Commission sought comment on
whether to apply NTIA rules that require that earth and space stations
in the space operations service above 470 MHz comply with the emissions
mask standard established in section 5.6.2 of the NTIA Manual. Section
5.6.2 provides that for frequencies offset from the assigned frequency
less than the 50 percent of the necessary bandwidth, no attenuation is
required. At a frequency offset equal to 50 percent of the necessary
bandwidth, an attenuation of at least 8 dB is required, while
frequencies offset more than 50 percent of the necessary bandwidth
should be attenuated in accordance with a specified formula dependent
on necessary bandwidth and frequency displaced from the center of the
emission bandwidth.
Further, the Commission noted that section 5.3.9 of the NTIA Manual
provides that aeronautical telemetry operations in the 2200-2290 MHz
band must meet the emissions limits from Chapter 2 of the Inter-Range
Instrumentation Group (IRIG) Standard 106-15, part 1. Chapter 2 of IRIG
Standard 106-15, part 1 (hereinafter IRIG Standard 106-15), in turn,
includes the following aeronautical telemetry spectral mask: all
spectral components larger than -[55 + 10xlog(P)] dBc (i.e., larger
than -25 dBm) at the transmitter output must be within the spectral
mask calculated using the following equation:
M(f) = K + 90 log(R)-100 log [verbar]f-fc[verbar]; [verbar]f-fc[verbar]
>= R/m
Where
M(f) = power (dBc) at frequency f (MHz)
K = -20 for analog signals
K = -28 for binary signals
K = -61 for FQPSK-B, FQPSK-JR, SOQPSK-TG
K = -73 for ARTM CPM
fc = transmitter center frequency (MHz)
R = bit rate (Mbps) for digital signals or ([Delta]f +fmax)(MHz) for
analog FM signals
M = number of states in modulating signal (m = 2 for binary signals,
m = 4 for quaternary signals and analog signals)
[Delta]f = peak deviation
fmax = maximum modulation frequency
The Commission also requested comment on the utility of using a
single mask for non-Federal operations in the band rather than NTIA's
dual emissions mask approach. The Commission asked, for example,
whether to apply the section 5.6.2 space operations emissions mask to
all stages of flight, or whether alternatively to apply emissions
limits set forth in the Commission's rules for space stations found in
part 25 or an alternative mask found in Sec. 87.139.
There was limited comment regarding the emissions limit(s) that
should be applied. Of the few commenting on this issue, SpaceX supports
the use of a single mask over NTIA's dual emissions mask approach,
while ULA supports following NTIA's dual mask approach.
The Commission agrees with ULA that it should adopt NTIA's dual
mask approach, and the Commission's adoption of a Mobile allocation for
this band facilitates this approach. As noted, NTIA regards launch
vehicles as undergoing two stages: an aeronautical mobile stage and a
space operation stage. The NTIA rules treat the telemetry system during
the first stage of a launch vehicle as an aeronautical mobile system.
The NTIA rules provide that after the first stage (which it views as
the first 15 minutes of flight), the launch vehicle operates as a space
operation service during the second stage or higher stages of a launch.
As the Commission has noted, it seeks to align the technical parameters
used by Federal and non-Federal operations to facilitate
interoperability with respect to use of the 2200-2290 MHz band, and to
provide predictability regarding such operations for other users of the
band. While the Commission appreciates SpaceX's desire to avoid
``artificial delineations,'' the application of the dual approach best
accommodates operations in this band as it is the approach that is
already being utilized and which has proven to be effective in
protecting operations in the band. Accordingly, the Commission will
apply the dual aeronautical mobile and space operation emissions masks
similar to those found in the NTIA rules.
Power limits. As noted in the FNPRM, the IRIG Standard 106-15 that
NTIA applies to aeronautical telemetry in the 2200-2290 MHz band
provides that the effective isotropic radiated power of a transmitter
shall not exceed 25 watts and that the output power shall not exceed 25
watts. In contrast, NTIA's requirements for space operations do not
impose a power limit, and instead rely on a power flux-density limit
established by the ITU. The FNPRM sought comment on whether, consistent
with the NTIA rules, to limit first-stage operations to an effective
isotropic radiated power of 25 watts and a transmitter output power of
up to 25 watts, and sought comment on whether to apply a power flux-
density limit on operations after the first stage. Alternatively, to
the extent the Commission adopts a power flux-density limit in the
band, the FNPRM asked whether no further limit on power is necessary,
or whether the Commission should adopt an alternative to the power
limit in IRIG Standard 106-15.
As in the case of emissions masks, the Commission received limited
comment on this issue. ULA argues that these limits are appropriate for
aeronautical applications, but not for orbital launches. SpaceX
supports the adoption of a single power flux-density limit for all
aspects of launch operations rather than the use of power limits.
Upon review, the Commission finds that it is in the public interest
to apply the dual stage aeronautical mobile and space operations
approach for power limits as specified in the NTIA rules. While the
Commission recognizes that there may be individual launch operations
that requires the use of technical parameters outside of the norm,
there is insufficient information in the record that would support
deviation from limits currently used by NTIA during the first/ascent
stage--either with respect to a power increase or to the use of a power
flux-density limit. Neither would serve the Commission's goal of
facilitating interoperability with Federal launch operations. With
respect to ULA's request to adopt much higher power limits to support
orbital launches, the Commission concludes that any orbital flight
phase would be better governed by established space operation
requirements, i.e. the NTIA/ITU space operation power flux-density
limit. Further, the Commission does not find the use of the space
operation power flux-density limit for all phases of a launch to be
appropriate given that, as ULA notes, launch vehicles remain too close
to the Earth's surface during the launch phase to comply with the
limit. Moreover, neither commenter discusses the impact of their
proposals on other users of the 2200-2290 MHz band. Absent support that
these proposals would not adversely affect other operations in the band
and provide advantages to commercial space launch entities that would
exceed those that result from being able to operate with both Federal
and non-Federal launch systems, the Commission finds it appropriate to
follow the NTIA dual stage approach.
The FNPRM sought comment regarding the point at which the
Commission should apply the ITU
[[Page 63311]]
power-flux density limits in the event the Commission adopts the dual
aeronautical mobile and space operation service approach. The
Commission finds it appropriate to apply the NTIA aeronautical mobile
power limits to first stage launch operations (first 15 minutes of
flight) and ITU-derived space operation power flux-density limits to
launch operations beyond the first stage. The Commission will adopt the
NTIA approach which regards the first stage of a launch as an
aeronautical mobile operation and treats the second stage or higher
stages of a launch as space operations. While Rocket Lab and NASA note
the difficulties associated with defining the dividing line between
aeronautical mobile operations and space operations according to launch
stages, the Commission finds that doing so provides a predictable
approach and permits the similar treatment of Federal and non-Federal
space launch operations. To the extent that this approach presents
technical issues for a given launch (for example, the approach would
require the application of the power flux-density limit too early in a
launch), operators may seek a waiver of this provision.
2025-2110 MHz Band
Emissions Limits. As discussed in the FNPRM, the most analogous
authorized Federal operation in the 2025-2110 MHz band is earth station
telecommand transmissions to spacecraft, which operate under space
operations rules. As discussed above, NTIA requires that earth and
space stations in the space operations service above 470 MHz comply
with the emissions mask standards established in section 5.6.2 of the
NTIA Manual. Section 5.6.2 provides that for frequencies offset from
the assigned frequency less than the 50 percent of the necessary
bandwidth, no attenuation is required. At a frequency offset equal to
50 percent of the necessary bandwidth, an attenuation of at least 8 dB
is required, while frequencies offset more than 50 percent of the
necessary bandwidth should be attenuated in accordance with a specified
formula dependent on necessary bandwidth and frequency displaced from
the center of the emission bandwidth. The FNPRM proposed to adopt the
NTIA's emissions mask for commercial space launch transmissions in the
2025-2110 MHz band, except that the Commission proposed to apply
attenuation requirements to the licensee's assigned frequencies rather
than requiring a separate calculation of necessary bandwidth.
SpaceX agrees that the Commission should apply the emissions mask
applicable to space operation service for operations in the 2025-2110
MHz band. Other than SpaceX, the Commission received no other comment
regarding the appropriate emissions limit for this band. Accordingly,
in line with the Commission's overall approach for space launch
technical rules, the Commission will apply an emissions mask using the
same limit as that set forth in section 5.6.2 of the NTIA Manual.
Further, the Commission will retain the provision in section 5.6.2
which specifies attenuation requirements based on a separate
calculation of necessary bandwidth. Although SpaceX supports the
FNPRM's proposal to apply attenuation requirements based on a
licensee's assigned frequencies, the Commission finds that it is more
appropriate to apply the same methodology that is used currently. Given
that the Commission seeks to apply a technical framework that provides
predictability and minimizes the risk of interference among users in
the band, the Commission finds that applying the section 5.6.2
methodology will provide consistency and prevent confusion.
Accordingly, the Commission will not adopt its proposal to permit space
launch operators to determine applicable attenuation requirements using
the licensee's assigned frequencies.
Power limits. Section 8.2.35 of the NTIA manual requires that the
EIRP transmitted in any direction towards the horizon by a Federal
earth station in bands between 1 GHz and 15 GHz that are shared with
stations in the fixed or mobile service, which includes the 2025-2110
MHz band, shall not (with limited exceptions) exceed the following
limits:
+40 dBW in any 4 kHz band for u <=0[deg]
+40+3u dBW in any 4 kHz band for 0[deg]< u <=5[deg]
Where:
u is the angle of elevation of the horizon viewed from the center of
radiation of the antenna of the earth station and measured in
degrees as positive above the horizontal plane and negative below
it.
As in the case with the 2200-2290 MHz band, SpaceX supports
adoption of a single power flux-density limit for all aspects of launch
operations in lieu of a specific power limit on the grounds that it
would obviate the need for any additional limitations on power or for
adopting artificial distinctions between various launch activities.
As the Commission noted with respect to SpaceX's proposal to apply
a power flux-density limit to 2200-2290 MHz band operations, SpaceX
does not provide sufficient information regarding the impact to other
users of the 2025-2110 MHz band and provides no support as to whether
using the space operation power flux-density limit will adequately
protect other operations. Instead, SpaceX mainly argues that adopting a
single flux-density limit for all aspects of a launch operation will
simplify compliance for launch operators. While the Commission seeks to
adopt rules that will help space launch entities to simplify or
streamline operations, it is necessary that any measures that the
Commission takes will also ensure that other users of the band are
protected. Further, although SpaceX argues that ITU and NTIA
regulations permit the use of the power flux-density limit for the
2025-2110 MHz band, the power limits above are the requirements that
both ITU and NTIA specify for earth stations in bands that are shared
with stations in the fixed or mobile service. Accordingly, the
Commission adopts the same power limits as those set forth in section
8.2.35 of the NTIA Manual.
Compliance with technical specifications. In its Reply Comments,
Northrop Grumman notes that because launch providers operate from
Federal launch sites, launch vehicles and associated ground stations
meet applicable Federal technical requirements, including emission
limits, power limits, and power flux-density limits. Northrop Grumman
recommends that, to ensure consistency and to avoid differing standards
among launch sites, the Commission permit operators to demonstrate
compliance with either (1) any new FCC requirements adopted in this
proceeding or (2) existing Federal requirements serving the same
purpose. Northrop Grumman argues that the latter is necessary to ensure
that any new rules that the Commission apply to launch vehicle
operators do not require that existing launch equipment be redesigned
or modified or be subject to further regulatory requirements.
Alternatively, Northrop Grumman argues that if the Commission imposes
new technical standards, it should grandfather existing operators and
exempt their current launch vehicles from these requirements. Northrop
Grumman asserts that this flexibility is necessary to ensure that the
application of any new technical standards does not delay or impact
upcoming launches or require that existing launch vehicles be
[[Page 63312]]
modified or subject to further regulatory requirements.
While the Commission seeks to adopt rules that will facilitate the
continued growth of the commercial space launch sector, and avoid
policies that will negatively impact launch operations, the Commission
is hesitant to grandfather operations that may not meet current
required technical specifications. For example, Northrop Grumman notes
that transmitters on its launch vehicles are designed to meet IRIG
Standard 106-07, a previous IRIG Standard 106 version. While that
standard shares many of the specifications as IRIG Standard 106-15, it
is not clear that the use of IRIG Standard 106-07 or other standards
meet all necessary technical specifications set forth here or in
current NTIA requirements, and accordingly, the Commission is not
prepared at this juncture to grandfather all existing launch vehicles.
Equipment Authorization
In the FNPRM, the Commission asked whether it should require part 2
equipment authorization for the radio frequency (RF) devices that are
being used to provide space launch operations and if so, which
procedure. The Commission also asked if there any analogous
authorization models found in other any rule parts (specifically noting
parts 25, 87, and 90) that could provide additional or alternative
compliance requirements that may be appropriate for space launch RF
devices.
Few comments addressed the issue of equipment authorization. ULA
and Boeing both oppose specific equipment authorization rules, citing,
in part, the current part 25 rules that do not include such
requirements. Northrop Grumman ``takes no position'' on such
requirements, however it does ask for a 5 year grandfathered period
should the Commission decide to adopt rules in this regard.
The Commission shall not require that equipment used for space
launch telemetry and telecommand during space launches under the part
26 rules be authorized under 47 CFR part 2, subpart J. The Commission
expects that this equipment will be deployed by a limited number of
licensees who will be responsible for ensuring that their transmitters
comply with Commission's rules. Given the small number of licensees the
Commission does not believe there is utility in implementing an
authorization requirement. This decision is consistent with the
Commission's part 87 rules which exempt flight test transmitters used
for limited periods from needing equipment certification.
Expanded Federal Use of the Non-Federal Fixed Satellite Service (FSS)
and Mobile Satellite Service (MSS) Bands
In the 2013 NPRM (78 FR 39200, July 1, 2013), the Commission
specifically sought comment on two proposals for expanding Federal use
of non-Federal FSS and MSS satellites. One proposal was to add co-
primary Federal FSS or MSS allocations to several bands together with a
footnote that limits primary Federal use of the bands to earth stations
communicating with non-Federal space stations. The other proposal was
to add a footnote to the Table of Allocations outlining circumstances
under which Federal earth stations operating with non-Federal space
stations would be entitled to interference protection. In the FNPRM,
the Commission sought to refresh the record on its proposals for
expanding Federal use of non-Federal FSS and MSS satellites, noting
that in the eight years since the NPRM was adopted ``the spectrum
landscape in non-Federal FSS and MSS allocations has changed
significantly.''
The Commission continues to believe that improvements to its
policies and processes for communications between earth stations
utilized by government agencies and commercial satellites are desirable
and may ultimately serve the public interest. However, the Commission
believes that this issue, while related to space launch operations
generally, implicates different licensing processes and ultimately
would require implementation distinct from the changes to launch
frequency licensing the Commission is adopting here. Therefore, the
Commission concludes that Federal access would be better addressed
through a separate proceeding specifically focused on communications
between commercial satellites and Federal users. Accordingly, the
Commission will continue to examine the record on expanded Federal
earth station access to non-Federal FSS and MSS satellites through a
separate proceeding, and the Commission welcomes continued comment and
dialogue from both Federal and non-Federal stakeholders as it seeks to
address this issue, incorporating by reference the record to date on
this issue from this proceeding. The Commission directs the Office of
Engineering and Technology (OET) to issue a public notice opening a new
docket for comments on this issue and provides additional context for
interested parties to provide additional comments. After receiving
additional comments on this issue, OET is directed to develop a
recommendation so as to enable Commission consideration not later than
one year from the release of this item.
Federal Space Stations in the 399.9-400.05 MHz MSS Band
As requested by NTIA the Commission will revise footnote US319 of
the Allocation Table to permit Federal space stations (i.e.,
satellites) to operate in the 399.9-400.05 MHz band. Currently, U.S.
Table footnote US319 prevents Federal space stations from operating in
the 399.9-400.05 MHz band even though there is a primary Federal Mobile
Satellite Service allocation for this band. NTIA requests that the
footnote be modified to delete the 399.9-400.05 MHz band thereby
allowing Federal satellites to operate in this band. Footnote US319
currently provides that ``US319: In the bands 137-138 MHz, 148-149.9
MHz, 149.9-150.05 MHz, 399.9-400.05 MHz, 400.15-401 MHz, 1610-1626.5
MHz, and 2483.5-2500 MHz, Federal stations in the mobile-satellite
service shall be limited to earth stations operating with non-Federal
space stations.''
NTIA made this request to allow the 399.9-400.05 MHz band to be
used for a new satellite system that will assume some of the non-
environmental traffic currently handled by the Argos satellite system.
Argos is a satellite system that was established by the French Space
Agency, NASA, and the National Oceanic and Atmospheric Administration
(NOAA). Argos is used for a large number of applications such as
monitoring the oceans at thousands of fixed and drifting buoys,
tracking the movements of wildlife, relaying information by
humanitarian agencies from remote areas, monitoring water resources,
and tracking the locations of ships. The latest version of the Argos
satellite system, the Argos-4 was launched on October 7, 2022.
According to NTIA, the newly established satellite system in the 399.9-
400.05 MHz band would allow non-environmental applications to be
removed from the Argos system which will result in lower interference,
higher capacity, and improved reliability and service for both the
environmental applications remaining on Argos and the non-environmental
applications moved to the new system.
The Commission first made the 399.9-400.05 MHz band along with
three other frequency bands available for MSS in 1993 to allow
deployment of non-geosynchronous low Earth orbit (LEO) satellite
systems, called ``Little
[[Page 63313]]
LEO'' systems, to provide non-voice services such as data messaging and
position determination. In 2019, the Commission's International Bureau
initiated a processing round for non-voice non-geostationary systems in
this band as well as the 400.15-401 MHz band. The Commission's Space
Bureau has granted market access for the 399.9-400.05 MHz band to three
of these applicants while other applications remain pending or have
been withdrawn. In the past two years other companies have filed
applications to operate in the 399.9-400.05 MHz band.
The Commission received four comments and two reply comments in
response to the FNPRM. Myriota Pty Ltd. (Myriota) and Fleet Space
Technologies Pty. Ltd. (Fleet) express concerns regarding the impact to
Internet of Things (IoT) connectivity and the coordination requirements
needed to ensure there will be no interference between non-Federal and
Federal space stations in the 399.9-400.05 MHz band. According to
Myriota, making this modification to US319 would permit an unidentified
number of Federal satellites to operate in the band and leave
commercial operators who have invested in the band without adequate
safeguards to ensure their operations will not be constrained. Myriota
suggests that if the Commission makes this modification to US319 it
should adhere to the stated purpose of the modification by permitting
only a single Argos satellite and that NTIA and NOAA should consider
whether commercial satellite operators could meet their mission
requirements rather than operating Federal satellites in the band.
Fleet points out that the 399.9-400.05 MHz band is the only globally
harmonized UHF band for commercial smallsat MSS and claims that
permitting Federal satellites in the band would disrupt the
coordination among commercial satellite operators and delay deployment
of innovative MSS applications. Blacksky Global supports amending
footnote US319 and believes that allowing the band to assume some of
the traffic currently handled by the Argos system would alleviate the
pressure from Federal systems in adjacent bands and result in
relaxation of the coordination conditions on non-Federal systems in the
401-402 MHz band. NTIA and DoC both emphasize the need to implement
this modification of footnote US319 to ensure that the role of the
United States in the Argos-4 program can proceed without any risk to
its operation.
The Commission is revising US319 as NTIA requests to enable
establishment of a new satellite system to supplement the Argos program
to further the reliable provision of important services. The Commission
appreciates the concerns expressed by Myriota and Fleet that the use of
this band by a Federal satellite system may complicate the interference
environment and create coordination burdens. However, any Federal
satellites that will operate in the band and the associated earth
stations will be subject to coordination between NTIA and the
Commission. During this coordination process any issues regarding
coexistence between the Federal and non-Federal systems can be
addressed. As applicants who filed during the processing round
indicated that they are capable of sharing with current and future
licensees in these bands, the Commission is confident that at the
conclusion of this coordination process the Federal satellites will be
able to share the band with the existing systems without harmful
interference occurring. As the demand for spectrum continues to
increase the Commission must continue to look for opportunities to more
intensively use spectrum where possible. Therefore, the Commission sees
no reason to reject NTIA's request to modify US319.
Ordering Clauses
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 Sec. 1.411 of the Commission's rules, 47 CFR
1.411, the Second Report and Order is hereby adopted.
It is further ordered that the amendments of parts 2 and 26 of the
Commission's rules as set forth in Appendix A of the Second Report and
Order, are adopted, effective thirty (30) days after publication in the
Federal Register, with the exception of Sec. Sec. 26.106, 26.108,
26.202, and 26.301, which contain new or modified information
collection requirements that require review by the Office of Management
and Budget (OMB) under the Paperwork Reduction Act. The Commission
directs the Wireless Telecommunications Bureau to announce the
effective date of those information collections in a document published
in the Federal Register after the Commission receives OMB approval, and
directs the Wireless Telecommunications Bureau to cause these rule
sections to be revised accordingly.
It is further ordered that the Office of the Secretary, Reference
Information Center, shall send a copy of the Second Report and Order,
including the Final Regulatory Flexibility Analysis and the Initial
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration.
It is further ordered that the Commission shall send a copy of the
Second 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
47 CFR Part 0
Authority delegations (Government agencies), Reporting and
recordkeeping requirements, Telecommunications.
47 CFR Part 1
Administrative practice and procedure.
47 CFR Part 2
Radio, Space transportation and exploration, Telecommunications.
47 CFR Part 26
Incorporation by reference, Radio, Space transportation and
exploration, Telecommunications.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR chapter I as follows:
PART 0--COMMISSION ORGANIZATION
0
1. The authority citation for part 0 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 409, and
1754, unless otherwise noted.
0
2. Amend Sec. 0.331 by adding paragraph (h) to read as follows:
Sec. 0.331 Authority delegated.
* * * * *
(h) Authority concerning space launch services programs and
licensing. The Chief of the Wireless Telecommunications Bureau is
delegated authority to administer the Commission's space launch
services programs (part 26 of this chapter) and the issuing of space
launch services licenses. The Chief is delegated authority to develop
specific methods that will be used to develop an application filing
procedure for initial authorization and subsequent station
registration; to seek comment on the circumstances attending the
designation
[[Page 63314]]
of a third-party space launch frequency coordinator, including a
mechanism for selecting a frequency coordinator; to develop procedures
that the space launch frequency coordinator will use to ensure
compliance with the coordination requirements for space launch
operations; and to perform other functions as needed for the
administration of the space launch services.
PART 1--PRACTICE AND PROCEDURE
0
3. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note; 47
U.S.C. 1754, unless otherwise noted.
0
4. Revise Sec. 1.901 to read as follows:
Sec. 1.901 Basis and purpose.
This subpart is issued pursuant to the Communications Act of 1934,
as amended, 47 U.S.C. 151 et seq. The purpose of this subpart is to
establish the requirements and conditions under which entities may be
licensed in the Wireless Radio Services as described in this part and
in parts 13, 20, 22, 24, 26, 27, 74, 80, 87, 90, 95, 96, 97, and 101 of
this chapter.
0
5. Revise Sec. 1.902 to read as follows:
Sec. 1.902 Scope.
In case of any conflict between the rules set forth in this subpart
and the rules set forth in parts 13, 20, 22, 24, 26, 27, 74, 80, 87,
90, 95, 96, 97, and 101 of this chapter, the rules in this subpart
shall govern.
0
6. Amend Sec. 1.907 by revising the definitions of ``Covered
geographic licenses'' and ``Wireless Radio Services'' to read as
follows:
Sec. 1.907 Definitions.
* * * * *
Covered geographic licenses. Covered geographic licenses consist of
the following services: 1.4 GHz Service (part 27, subpart I, of this
chapter); 1.6 GHz Service (part 27, subpart J); 24 GHz Service and
Digital Electronic Message Services (part 101, subpart G, of this
chapter); 218-219 MHz Service (part 95, subpart F, of this chapter);
220-222 MHz Service, excluding public safety licenses (part 90, subpart
T, of this chapter); 600 MHz Service (part 27, subpart N); 700 MHz
Commercial Services (part 27, subparts F and H); 700 MHz Guard Band
Service (part 27, subpart G); 800 MHz Specialized Mobile Radio Service
(part 90, subpart S); 900 MHz Specialized Mobile Radio Service (part
90, subpart S); 900 MHz Broadband Service (part 27, subpart P); 3.45
GHz Service (part 27, subpart Q); 3.7 GHz Service (part 27, subpart O);
Advanced Wireless Services (part 27, subparts K and L); Air-Ground
Radiotelephone Service (Commercial Aviation) (part 22, subpart G, of
this chapter); Broadband Personal Communications Service (part 24,
subpart E, of this chapter); Broadband Radio Service (part 27, subpart
M); Cellular Radiotelephone Service (part 22, subpart H); Citizens
Broadband Radio Service (part 96, subpart C, of this chapter);
Dedicated Short Range Communications Service, excluding public safety
licenses (part 90, subpart M); Educational Broadband Service (part 27,
subpart M); H Block Service (part 27, subpart K); Local Multipoint
Distribution Service (part 101, subpart L); Multichannel Video
Distribution and Data Service (part 101, subpart P); Multilateration
Location and Monitoring Service (part 90, subpart M); Multiple Address
Systems (EAs) (part 101, subpart O); Narrowband Personal Communications
Service (part 24, subpart D); Paging and Radiotelephone Service (part
22, subpart E; part 90, subpart P); VHF Public Coast Stations,
including Automated Maritime Telecommunications Systems (part 80,
subpart J, of this chapter); Space Launch Services (part 26 of this
chapter); Upper Microwave Flexible Use Service (part 30 of this
chapter); and Wireless Communications Service (part 27, subpart D).
* * * * *
Wireless Radio Services. All radio services authorized in parts 13,
20, 22, 24, 26, 27, 74, 80, 87, 90, 95, 96, 97 and 101 of this chapter,
whether commercial or private in nature.
* * * * *
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
7. 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
8. Amend Sec. 2.106 by:
0
a. In paragraph (a), revising pages 26, 36, and 37;
0
b. Adding paragraph (c)(94); and
0
c. Revising paragraphs (c)(96) and (319).
The revisions and addition read as follows:
Sec. 2.106 Table of Frequency Allocations.
(a) * * *
BILLING CODE 6712-01-P
[[Page 63315]]
[GRAPHIC] [TIFF OMITTED] TR05AU24.000
[[Page 63316]]
[GRAPHIC] [TIFF OMITTED] TR05AU24.001
[[Page 63317]]
[GRAPHIC] [TIFF OMITTED] TR05AU24.002
[[Page 63318]]
[GRAPHIC] [TIFF OMITTED] TR05AU24.003
[[Page 63319]]
[GRAPHIC] [TIFF OMITTED] TR05AU24.004
[[Page 63320]]
[GRAPHIC] [TIFF OMITTED] TR05AU24.005
BILLING CODE 6712-01-C
[[Page 63321]]
* * * * *
(c) * * *
(94) US94 In the band 2025-2110 MHz, the non-Federal space
operation service shall be subject to the following conditions:
(i) Transmissions are restricted to telecommand use for pre-launch
testing and space launch operations.
(ii) Subject to coordination with the National Telecommunications
and Information Administration (NTIA) prior to each launch.
(iii) Subject to coordination with non-Federal fixed and mobile
stations.
* * * * *
(96) US96 The band 2200-2290 MHz is allocated to the space
operation service (space-to-Earth) and mobile service on a secondary
basis for non-Federal use subject to the following conditions. Non-
Federal stations shall be:
(i) Restricted to use for pre-launch testing and space launch
operations, except as provided under US303; and
(ii) Subject to coordination with NTIA prior to each launch.
* * * * *
(319) US319 In the bands 137-138 MHz, 148-149.9 MHz, 149.9-150.05
MHz, 400.15-401 MHz, 1610-1626.5 MHz, and 2483.5-2500 MHz, Federal
stations in the mobile-satellite service shall be limited to earth
stations operating with non-Federal space stations.
* * * * *
0
9. Add part 26 to read as follows:
PART 26--SPACE LAUNCH SERVICES
Subpart A--General Information
Sec.
26.1 Basis and purpose.
26.2 Frequencies.
26.3 Scope of service.
26.4 Other applicable rule parts.
26.5 Terms and definitions.
Subpart B--Applications and Licenses
26.101 Eligibility.
26.102 License period; renewal.
26.103 Licensing.
26.104 Regulatory status.
26.105 Authorization required.
26.106 [Reserved]
26.107 Restrictions on the operation of stations.
26.108 [Reserved]
26.109 Assignment and transfer.
Subpart C--Frequency Coordination
26.201 Policies governing the assignment of frequencies.
26.202 [Reserved]
Subpart D--Technical Standards
26.301 [Reserved]
26.302 Emission masks.
26.303 Power limits.
26.304 Antenna structures; air navigation safety.
26.305 Incorporation by reference.
Authority: 47 U.S.C. 151, 152, 154, 301, 303, unless otherwise
noted.
Subpart A--General Information
Sec. 26.1 Basis and purpose.
This section contains the statutory basis for the rules in this
part and provides the purpose for which this part is issued.
(a) Basis. The rules for Space Launch Services in this part are
promulgated under the provisions of the Communications Act of 1934, as
amended, that vest authority in the Federal Communications Commission
(Commission or FCC) to regulate radio transmission and to issue
licenses for radio stations. All rules in this part are in accordance
with applicable treaties and agreements to which the United States is a
party.
(b) Purpose. This part states the conditions under which spectrum
is made available and licensed for the provision of Space Launch
Services. This part does not govern the licensing of radio systems
belonging to and operated by the United States.
Sec. 26.2 Frequencies.
The following frequencies are available for assignment on a
nationwide, non-exclusive basis for Space Launch Services:
(a) 2025-2110 MHz; and
(b) 2200-2290 MHz.
Sec. 26.3 Scope of service.
(a) Space launch stations are restricted to the following uses:
(1) 2025-2110 MHz band. The use of Space Launch Services licenses
in the 2025-2110 MHz band is restricted to ground-to-launch vehicle
telecommand uses necessary to support space launch operations.
(2) 2200-2290 MHz band. The use of Space Launch Services licenses
in the 2200-2290 MHz band is restricted to launch vehicle-to-ground
communications associated with telemetry and tracking operations.
(b) Telemetry, tracking, and telecommand functions permissible as
space launch operations include, but are not limited to:
(1) Pre-launch testing, such as pre-flight checks, ground testing,
and telemetry;
(2) Vehicle tracking, including the transmission of parameter data
from a launch vehicle to ground;
(3) Telecommand signals for propulsive maneuvering of a launch
vehicle and separation of payload from launch vehicle; and
(4) Telecommand signals for propulsive maneuvering of a reentry
vehicle for return and recovery.
(c) The use of Space Launch Services licenses for on-orbit
communications after a launch vehicle separates from its payload are
not permitted, provided that a space launch station may be used for
telemetry, tracking, and telecommand activities for the incidental
orbiting of a launch vehicle before or after it has separated from its
payload. The use of Space Launch Services licenses for such incidental
orbiting are permitted only to the extent necessary for space launch
operations.
Sec. 26.4 Other applicable rule parts.
Other FCC rule parts applicable to the Space Launch Services
include the following:
(a) Part 0. Part 0 of this chapter describes the Commission's
organization and delegations of authority. Part 0 also lists available
Commission publications, standards, and procedures for access to
Commission records, and location of Commission Field Offices.
(b) Part 1. Part 1 of this chapter includes rules of practice and
procedure for license applications, adjudicatory proceedings,
procedures for reconsideration and review of the Commission's actions;
provisions concerning violation notices and forfeiture proceedings;
competitive bidding procedures; and the environmental requirements
that, together with the procedures specified in Sec. 17.4(c) of this
chapter, if applicable, must be complied with prior to the initiation
of construction. Subpart F of part 1 includes the rules for the
Wireless Radio Services and the procedures for filing electronically
via the Universal Licensing System (ULS).
(c) Part 2. Part 2 of this chapter contains the Table of Frequency
Allocations and special requirements in international regulations,
recommendations, agreements, and treaties. Part 2 also contains
standards and procedures concerning the marketing and importation of
radio frequency devices, and for obtaining equipment authorization.
(d) Part 5. Part 5 of this chapter contains rules prescribing the
manner in which parts of the radio frequency spectrum may be made
available for experimentation.
(e) Part 15. Part 15 of this chapter sets forth the requirements
and conditions applicable to certain radio frequency devices.
(f) Part 17. Part 17 of this chapter contains requirements for the
construction, marking and lighting of
[[Page 63322]]
antenna towers, and the environmental notification process that must be
completed before filing certain antenna structure registration
applications.
(g) Part 25. Part 25 of this chapter contains the requirements for
satellite communications, including satellite digital audio radio
service (DARS).
(h) Part 74. Part 74 of this chapter sets forth the requirements
and conditions applicable to experimental radio, auxiliary, special
broadcast, and other program distributional services.
(i) Part 87. Part 87 of this chapter sets forth the requirements
and conditions applicable to aviation services.
Sec. 26.5 Terms and definitions.
Base station. A station at a specified site authorized to
communicate with mobile stations.
Equivalent isotropically radiated power (EIRP). The product of the
power supplied to the antenna and the antenna gain in a given direction
relative to an isotropic antenna (absolute or isotropic gain).
Expendable launch vehicle. A launch vehicle whose propulsive stages
are used only once.
First stage of a launch. The first 15 minutes of flight.
Fixed service. A radio communication service between specified
fixed points.
Fixed station. A station in the fixed service.
Frequency coordination. The process of obtaining the recommendation
of a frequency coordinator for a frequency(ies) that will most
effectively meet the applicant's needs while minimizing interference to
licensees already operating within a given frequency band.
Frequency coordinator. An entity or organization that has been
certified by the Commission to recommend frequencies for use by
licensees in the Space Launch Services.
Harmful interference. For the purposes of resolving conflicts
between stations operating under this part, any emission, radiation, or
induction which specifically degrades, obstructs, or interrupts the
service provided by such stations.
Itinerant operation. Operation of a radio station at unspecified
locations for varying periods of time.
Launch vehicle. A vehicle built to place a payload or human beings
from Earth in a suborbital trajectory, in Earth orbit, or otherwise in
outer space.
Mobile service. A radio communication service between mobile and
land stations, or between mobile stations.
Mobile station. A station in the mobile service intended to be used
while in motion or during halts at unspecified points.
Reentry vehicle. A vehicle designed to return from Earth orbit or
outer space to Earth substantially intact. A reentry vehicle is
regarded as a launch vehicle in the context of a space launch operation
only to the extent that it is being used for launch purposes.
Reusable launch vehicle. A launch vehicle that is designed to
return to Earth substantially intact and may be launched more than one
time or that contains vehicle stages that may be recovered by a launch
operator for future use.
Space launch operations. Any activity that places a launch vehicle,
whether an expendable launch vehicle or a reusable launch vehicle or
reentry vehicle used for launch, and any payload or human being from
Earth in a suborbital trajectory, in Earth orbit, or otherwise in outer
space, including pre-launch testing and recovery or reentry of the
launch vehicle.
Telecommand. The transmission of non-voice signals for the purpose
of remotely controlling a device.
Telemetry. The transmission of non-voice signals for the purpose of
automatically indicating or recording measurements at a distance from
the measuring instrument. In the context of space launch operations,
telemetry is diagnostic information, transmitted from the launch
vehicle to ground controller stations during the flight, which allows
the ground controller station to track the performance of the launch
vehicle.
Universal Licensing System (ULS). The consolidated database,
application filing system, and processing system for all Wireless
Telecommunications Services. The ULS offers Wireless Telecommunications
Bureau (WTB) applicants and the general public electronic filing of all
applications requests, and full public access to all WTB licensing
data.
Subpart B--Applications and Licenses
Sec. 26.101 Eligibility.
The following entities are eligible for Space Launch Services
licenses:
(a) A non-Federal entity that conducts space launch operations; or
(b) A parent of such entity or a subsidiary of such entity if
either conducts space launch operations.
Sec. 26.102 License period; renewal.
Licenses for stations in the Space Launch Services will be issued
for a term of ten years from the date of original issuance, or renewal.
Prior to expiration of the term of a license, the space launch licensee
shall submit to the Commission an application for the renewal in
accordance with part 1, subpart F, of this chapter. Such renewal
application shall certify that, during the preceding license term, the
licensee operated and continues to operate consistent with Commission
rules in this chapter and the terms of its existing authorization,
including the operation of stations consistent with the terms of
frequency coordination performed during its license term.
Sec. 26.103 Licensing.
The 2025-2110 MHz and 2200-2290 MHz bands are authorized on a non-
exclusive nationwide basis for Space Launch Services. Non-exclusive
nationwide licenses will serve as a prerequisite for registering launch
sites and individual fixed, base, itinerant, and mobile stations, as
well as individual coordinated launches. A Space Launch Services
licensee cannot operate a launch site and corresponding fixed, base,
itinerant, or mobile stations before registering it under its license
and may only operate a station after that station has been cleared to
operate in a particular frequency band in connection with a particular
launch pursuant to the post-grant frequency coordination process set
forth in subpart C of this part. Space Launch Services licensees must
delete registrations for unused launch sites and unused fixed, base,
itinerant, and mobile stations to maintain database integrity and
facilitate coordination with other users of the 2025-2110 MHz and 2200-
2290 MHz bands.
Sec. 26.104 Regulatory status.
Licensees are permitted to provide services on a non-common carrier
basis. A licensee may render communications services consistent with
the regulatory status in its license and with the Commission's rules in
this chapter applicable to the Space Launch Services.
Sec. 26.105 Authorization required.
(a) General rule. Stations in the Space Launch Services must be
used and operated only in accordance with the service rules set forth
in this part, including the terms of the frequency coordination
performed pursuant to subpart C of this part, and with a valid
authorization granted by the Commission under the provisions of this
part, except as specified in paragraph (b) of this section.
(b) Restrictions. The holding of an authorization does not create
any rights beyond the terms, conditions, and period specified in the
authorization.
[[Page 63323]]
Authorizations may be granted upon proper application, provided that
the Commission finds that the applicant is qualified in regard to
citizenship, character, financial, technical, and other criteria, and
that the public interest, convenience, and necessity will be served.
See 47 U.S.C. 301, 308, 309, and 310.
Sec. 26.106 [Reserved]
Sec. 26.107 Restrictions on the operation of stations.
Stations in the Space Launch Services may operate in a particular
frequency band only if they have been registered pursuant to this
subpart and cleared to operate in that frequency band by the space
launch frequency coordinator using the frequency coordination process
set forth in subpart C of this part.
Sec. 26.108 [Reserved]
Sec. 26.109 Assignment and transfer.
Licensees may assign or transfer their non-exclusive nationwide
licenses upon application to and prior approval from the Commission,
and any stations registered under those licenses will remain associated
with those licenses unless otherwise agreed upon by the parties to the
assignment or transfer and approved by the Commission.
Subpart C--Frequency Coordination
Sec. 26.201 Policies governing the assignment of frequencies.
(a) Frequencies assigned to Space Launch Services stations are
available on a shared basis only and will not be assigned for the
exclusive use of any licensee.
(b) Any base, fixed, itinerant, or mobile station operating in the
band must comply with the frequency coordination requirements set forth
in this subpart.
(c) All applicants and licensees shall cooperate in the selection
and use of frequencies for Space Launch Services and comply with the
frequency coordination requirements in this subpart in order to
minimize the potential for interference and make the most effective use
of the authorized facilities. Information regarding registered launch
sites, stations, and launches that have completed the frequency
coordination process set forth in this subpart will be available at
https://wireless.fcc.gov/uls. Licensees should examine this information
before registering individual launch operations, and make every effort
to ensure that their planned launch operations will not interfere or
conflict with previously registered operations. Licensees of stations
suffering or causing harmful interference are expected to cooperate and
resolve this problem by mutually satisfactory arrangements.
Sec. 26.202 [Reserved]
Subpart D--Technical Standards.
Sec. 26.301 [Reserved]
Sec. 26.302 Emission masks.
(a) 2025-2110 MHz. For frequencies offset from the assigned
frequency less than the 50 percent of the necessary bandwidth, no
attenuation is required. At a frequency offset equal to 50 percent of
the necessary bandwidth, an attenuation of at least 8 dB is required.
Frequencies offset more than 50 percent of the necessary bandwidth
shall be attenuated by the following mask:
Equation 1 to Paragraph (a)
[GRAPHIC] [TIFF OMITTED] TR05AU24.006
Where:
fd is the frequency displaced from the center of the
emission bandwidth.
Bn is the necessary bandwidth, which is determined in
accordance with Annex J of the NTIA Manual of Regulations and
Procedures for Federal Radio Frequency Management (NTIA Manual)
(incorporated by reference, see Sec. 26.305).
dBsd is dB attenuation in a 4 kHz bandwidth, relative to the maximum
power in any 4 kHz bandwidth within the necessary bandwidth (0
dBsd), where attenuation in this sense refers to the reduction in
level relative to the reference, 0 dBsd, unless otherwise specified.
The unwanted emission mask rolls off at 40 dB per decade to a
maximum attenuation of 60 dBsd, at which point it continues on both
sides of the carrier for all frequencies beyond this point; see Annex M
of the NTIA Manual regarding measurement requirements (incorporated by
reference, see Sec. 26.305); for any narrowband or single frequency
unwanted emission which is not spread by the modulation process, the
required attenuation shall be at least 60 dBc, where dBc is attenuation
below the mean transmit power, rather than the dBsd value determined in
equation 1 to this paragraph (a).
(b) 2200-2290 MHz. (1) During the first stage of a launch, all
spectral components larger than -[55 + 10xlog(P)] dBc (i.e., larger
than -25 dBm) at the transmitter output must be within the spectral
mask calculated using the following equation:
Equation 2 to Paragraph (b)(1)
M(f) = K + 90 log(R)-100 log [verbar]f-fc[verbar]; [verbar]f-fc[verbar]
>= R/m
Where:
M(f) = power (dBc) at frequency f (MHz).
K = -20 for analog signals.
K = -28 for binary signals.
K = -61 for FQPSK-B, FQPSK-JR, SOQPSK-TG.
K = -73 for ARTM CPM.
fc = transmitter center frequency (MHz).
R = bit rate (Mbps) for digital signals or ([Delta]f +fmax)(MHz) for
analog FM signals.
M = number of states in modulating signal (m = 2 for binary signals,
m = 4 for quaternary signals and analog signals).
f = peak deviation.
fmax = maximum modulation frequency.
(2) After the first stage of a launch, the emission mask set forth
in paragraph (a) of this section shall apply.
Sec. 26.303 Power limits.
(a) 2025-2110 MHz. The equivalent isotropically radiated power
(EIRP) transmitted in any direction towards the horizon by an earth
station in the 2025-2110 MHz band of the Space Launch Services shall
not (with limited exceptions) exceed the following limits:
(1) +40 dBW in any 4 kHz band for u <=0[deg];
(2) +40+3u dBW in any 4 kHz band for 0[deg]< u <=5[deg]; and
(3) Where u is the angle of elevation of the horizon viewed from
the center of radiation of the antenna of the earth station and
measured in degrees as positive above the horizontal plane and negative
below it.
(b) 2200-2290 MHz. During the first stage of a launch, the EIRP of
any station in the 2200-2290 MHz band of the Space Launch Services
shall not exceed 25 Watts and the transmitter output power shall not
exceed 25 Watts. In addition, the power flux-density at the Earth's
surface produced by emissions from a transmitter operating after the
first stage of a launch for all conditions and for all methods of
modulation shall not exceed the following limits:
[[Page 63324]]
(1) -154 dB(W/m2) in any 4 kHz for angles of arrival less than
5[deg] above the horizontal plane;
(2) -154 + 0.5 ([delta]-5) dB(W/m2) in any 4 kHz for angles of
arrival [delta] (degrees) between 5[deg] and 25[deg] above the
horizontal plane; and
(3) -144 dB(W/m2) in any 4 kHz for angles of arrival between
25[deg] and 90[deg] above the horizontal plane.
Sec. 26.304 Antenna structures; air navigation safety.
A licensee that owns its antenna structure(s) must not allow such
antenna structure(s) to become a hazard to air navigation. In general,
antenna structure owners are responsible for registering antenna
structures with the FCC if required by part 17 of this chapter, and for
installing and maintaining any required marking and lighting. However,
in the event of default of this responsibility by an antenna structure
owner, the FCC permittee or licensee authorized to use an affected
antenna structure will be held responsible by the FCC for ensuring that
the antenna structure continues to meet the requirements of part 17.
See Sec. 17.6 of this chapter.
(a) Marking and lighting. Antenna structures must be marked,
lighted and maintained in accordance with part 17 of this chapter and
all applicable rules and requirements of the Federal Aviation
Administration (see Sec. Sec. 77.5 through 77.11 of this chapter). For
any construction or alteration that would exceed the requirements of
Sec. 17.7 of this chapter, licensees must notify the appropriate
Regional Office of the Federal Aviation Administration (FAA Form 7460-
1) and file a request for antenna height clearance and obstruction
marking and lighting specifications (FCC Form 854) with the FCC, WTB,
1270 Fairfield Road, Gettysburg, PA 17325.
(b) Maintenance contracts. Antenna structure owners (or licensees
and permittees, in the event of default by an antenna structure owner)
may enter into contracts with other entities to monitor and carry out
necessary maintenance of antenna structures. Antenna structure owners
(or licensees and permittees, in the event of default by an antenna
structure owner) that make such contractual arrangements continue to be
responsible for the maintenance of antenna structures in regard to air
navigation safety.
Sec. 26.305 Incorporation by reference.
Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the Federal
Communications Commission (FCC) and at the National Archives and
Records Administration (NARA). Contact the FCC at the address indicated
in Sec. 0.401(a) of this chapter; phone: (202) 418-0270; email:
[email protected]. For information on the availability of this material
at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or
email [email protected]. The material may be obtained from
National Telecommunications and Information Administration (NTIA),
Office of Spectrum Management, 1401 Constitution Avenue NW, Room 1087,
Washington, DC 20230; phone (202) 482-1850; website: www.ntia.gov/office/office-spectrum-management-osm:
(a) NTIA Manual of Regulations and Procedures for Federal Radio
Frequency Management, Annex J: Guidance for Determination of Necessary
Bandwidth, NTIA Manual of Regulations and Procedures for Federal Radio
Frequency Management, January 2023 Revision (of the January 2021
Edition); IBR approved for Sec. 26.302. (Available at www.ntia.gov/sites/default/files/2023-11/j_2021_edition_rev_2023.pdf.)
(b) NTIA Manual of Regulations and Procedures for Federal Radio
Frequency Management, Annex M: Measurement Methods, January 2023
Revision (of the January 2021 Edition); IBR approved for Sec. 26.302.
(Available at www.ntia.gov/sites/default/files/2023-11/m_2021_edition_rev_2023.pdf.)
0
10. Delayed indefinitely, add Sec. 26.106 to read as follows:
Sec. 26.106 Submission and filing of applications.
(a) Applications for authorizations in the Space Launch Services
must be filed in the Universal Licensing System (ULS) in accordance
with part 1, subpart F, of this chapter. All modifications or renewals
of licenses, assignments or transfers of control of licenses or any
rights thereunder, and waiver requests associated with any of the
foregoing shall be granted only upon an application filed pursuant to
part 1, subpart F, as well. Applicants should also refer to the
Commission rules regarding the payment of statutory charges (subpart G
of part 1) and the use of the FCC Registration Number (FRN) (see
subpart W of part 1).
(b) All applications and other filings using the application and
notification forms listed in part 1, subpart F, of this chapter or
associated schedules must be filed electronically in accordance with
the electronic filing instructions provided by ULS. The Commission will
announce by public notice the deployment date of the service in ULS and
provide corresponding filing instructions.
0
11. Delayed indefinitely, add Sec. 26.108 to read as follows:
Sec. 26.108 Content of applications; registration of stations.
(a) Application for authorization. Each application for
authorization required by this part shall be specific and complete with
regard to the information requested by the application forms in part 1,
subpart F, of this chapter and associated public notice(s). Applicants
must provide any additional information requested by the National
Telecommunications and Information Administration (NTIA) or the
frequency coordinator to complete the frequency coordination process
set forth in subpart C of this part.
(b) Station registration. Once authorization is granted, Space
Launch Services licensees must register in ULS each launch site and
each corresponding station (fixed, base, itinerant, or mobile) that
will be used in their space launch operations, as well as each
individual launch that has completed the frequency coordination process
set forth in subpart C of this part.
(c) Update of data. Space Launch Services licensees have a
continuing obligation to update their licenses and corresponding site
and station registration data as soon as the operational or technical
details of a launch changes to ensure proper coordination.
0
12. Delayed indefinitely, add Sec. 26.202 to read as follows:
Sec. 26.202 Frequency coordinator requirements.
Once an application for a new Space Launch Services authorization
is granted, each Space Launch Services licensee must submit, for each
proposed launch operation, the applicable launch site and corresponding
fixed, base, itinerant, and mobile stations consistent with this
subpart and submit their technical and operational parameters to the
space launch frequency coordinator to initiate post-grant frequency
coordination. Any changes to the technical and operational parameters
for a launch event that occur after completion of post-grant frequency
coordination also require coordination, and these changes shall be
provided to initiate an updated post-frequency grant coordination.
(a) The space launch frequency coordinator may request, and Space
Launch Services licensees are required
[[Page 63325]]
to provide, all appropriate technical information, system requirements,
and justification for requested station parameters when such
information is necessary to identify and recommend the most appropriate
frequency.
(b) In the 2025-2110 MHz band:
(1) Site-based local coordination. (i) The space launch frequency
coordinator must initiate a post-grant coordination request for site-
specific coordination with the local Broadcast Auxiliary Service (BAS)
frequency coordinator, including the provision of all necessary
technical and operational parameters for each space launch licensee, to
protect BAS, Cable Television Relay Service (CARS), and Local
Television Transmission Service (LTTS) operations, as well as Federal
entities that have completed coordination with the BAS frequency
coordinator.
(ii) The space launch frequency coordinator is not required to
initiate a post-grant coordination request for site-specific
coordination with the local BAS frequency coordinator if the Space
Launch Services licensee provides a showing to the space launch
frequency coordinator that:
(A) It has previously coordinated its proposed launch operations
with the appropriate local BAS frequency coordinator and continues to
comply with any conditions or agreements resulting from such prior
coordination, or that it has entered into applicable coordination
agreements with co-frequency entities;
(B) It has ascertained that its proposal will not constrain,
preclude, nor interfere with incumbents in the band, including BAS,
CARS, and LTTS licensees and previously coordinated Federal operations;
and
(C) It has demonstrated in a technical showing that its proposed
operation will not create more than 0.5 dB increase in the noise
threshold of a receiver at a fixed or temporary fixed electronic news
gathering (ENG) receive site.
(iii) Upon request, the space launch frequency coordinator and/or
the Space Launch Services licensee must provide any additional
information requested by the local BAS frequency coordinator regarding
a pending recommendation that it has processed but has not yet been
granted.
(iv) It is the responsibility of the space launch frequency
coordinator to ensure that its frequency recommendations do not
conflict with the frequency recommendations of the local BAS frequency
coordinator. Should a conflict arise, the affected coordinators are
jointly responsible for taking action to resolve the conflict, up to
and including notifying the Commission and the National
Telecommunications and Information Administration (NTIA) that a launch
request must be denied.
(2) Per-launch coordination with NTIA. (i) To protect Federal users
in the band, the space launch frequency coordinator shall conduct a
post-grant, per-launch coordination with NTIA by providing the Space
Launch licensee's site and station registration with their
corresponding technical and operational parameters to initiate the
coordination process for each proposed launch.
(ii) To assist NTIA's review, the space launch frequency
coordinator may provide a showing that the operational and technical
parameters of a proposed launch are consistent with a prior successful
coordination and that the space launch licensee continues to comply
with any conditions or agreements resulting from such prior
coordination or that its proposed launch is covered by an applicable
coordination agreement(s) with co-frequency entities.
(c) In the 2200-2290 MHz band:
(1) Per-launch coordination with NTIA. (i) To protect Federal users
in the band, the space launch frequency coordinator shall conduct a
post-grant, per-launch coordination with NTIA by providing the Space
Launch Services licensee's site and station registration with their
corresponding technical and operational parameters to initiate the
coordination process for each proposed launch.
(ii) To assist NTIA's review, the space launch frequency
coordinator may provide a showing that the operational and technical
parameters of a proposed launch are consistent with a prior successful
coordination and that the space launch licensee continues to comply
with any conditions or agreements resulting from such prior
coordination or that its proposed launch is covered by an applicable
coordination agreement(s) with co-frequency entities.
(2) [Reserved]
0
13. Delayed indefinitely, add Sec. 26.301 to read as follows:
Sec. 26.301 Authorized bandwidth.
The Commission shall issue licenses in the Space Launch Services
with bandwidths up to and including 5 megahertz, provided that the
Commission may issue licenses with a maximum bandwidth exceeding 5
megahertz upon adequate justification from a license applicant
explaining why the requested bandwidth is necessary for specific space
launch operations, including an explanation of why the applicant's
operations cannot be satisfied using a bandwidth of 5 megahertz or
less.
[FR Doc. 2024-16638 Filed 8-2-24; 8:45 am]
BILLING CODE 6712-01-P