Rule2021-13685
Allocation of Spectrum for Non-Federal Space Launch Operations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 28, 2021
Effective
July 28, 2021
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) takes steps towards establishing a spectrum allocation and licensing framework that will provide regulatory certainty and improved efficiency and that will promote innovation and investment in the United States commercial space launch industry. Specifically, in the Report and Order, the Commission allocates the 2200-2290 MHz band for space operations on a secondary basis to permit non-federal use in specific portions of this band for purposes of space launch operations to help meet the increasing demands for space exploration and development.
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<title>Federal Register, Volume 86 Issue 121 (Monday, June 28, 2021)</title>
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[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Rules and Regulations]
[Pages 33902-33910]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13685]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 2
[ET Docket No. 13-115; RM 11341; FCC 21-44; FR ID 33506]
Allocation of Spectrum for Non-Federal Space Launch Operations
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) takes steps towards establishing a spectrum allocation and
licensing framework that will provide regulatory certainty and improved
efficiency and that will promote innovation and investment in the
United States commercial space launch industry. Specifically, in the
Report and Order, the Commission allocates the 2200-2290 MHz band for
space operations on a secondary basis to permit non-federal use in
specific portions of this band for purposes of
[[Page 33903]]
space launch operations to help meet the increasing demands for space
exploration and development.
DATES: Effective July 28, 2021.
ADDRESSES: Federal Communications Commission, 45 L Street NE,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Nicholas Oros, Deputy Chief, Policy
and Rules Division, Office of Engineering and Technology, at (202) 418-
0636 or <a href="/cdn-cgi/l/email-protection#96f8fff5fef9faf7e5b8f9e4f9e5d6f0f5f5b8f1f9e0"><span class="__cf_email__" data-cfemail="95fbfcf6fdfaf9f4e6bbfae7fae6d5f3f6f6bbf2fae3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, ET Docket No. 13-115, FCC 21-44, adopted April 22, 2020, and
released April 22, 2020. This document is available by downloading the
text from the Commission's website at <a href="https://www.fcc.gov/document/fcc-seeks-make-spectrum-available-commercial-space-launches-0">https://www.fcc.gov/document/fcc-seeks-make-spectrum-available-commercial-space-launches-0</a>. When the FCC
Headquarters reopens to the public, the full text of this document also
will be available for public inspection and copying during regular
business hours in the FCC Reference Center, 45 L Street NE, Washington,
DC 20554. Alternative formats are available for people with
disabilities (Braille, large print, electronic files, audio format) by
sending an email to <a href="/cdn-cgi/l/email-protection#1b5d58582e2b2f5b7d7878357c746d"><span class="__cf_email__" data-cfemail="41070202747175012722226f262e37">[email protected]</span></a> or calling the Commission's Consumer
and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-
0432 (TTY).
Synopsis
1. Commercial space launch entities are proliferating and are
increasingly involved in all aspects of U.S.-based space activities,
such as transportation of cargo and people into space, orbital launches
to place satellites and other payloads into space, and suborbital
launches. There are a growing number of companies offering services to
both private entities and government organizations. For example, the
National Aeronautics and Space Administration (NASA) has engaged two
private companies to take cargo and crew to the International Space
Station (ISS), and companies such as Space Exploration Technologies
(SpaceX) and Northrop Grumman have completed numerous successful
missions to the ISS. SpaceX has recently ferried people to the ISS, and
Boeing is developing a spacecraft to do the same. Other companies, such
as Virgin Galactic and Blue Origin, intend to take private citizens on
suborbital flights. These commercial space launch companies are also
actively transporting communications satellites into orbit. SpaceX, for
example, has conducted over 100 launches. Several companies, such as
Rocket Lab and Astra, are focusing on propelling small satellites into
orbit. Bigelow Aerospace plans to deploy a manned space station. To
support these commercial space ventures, entities such as the New
Mexico Spaceport Authority, the Virginia Commercial Space Flight
Authority and the Houston Airport System have established non-Federal
spaceports.
2. The Commission adopts a footnote to the Allocation Table for
specified frequencies in the 2200-2290 MHz band to support commercial
space launches and enable continued growth of a vibrant commercial
space industry. This allocation shall be limited to use by space
operations for the telemetry and tracking operations of launch vehicles
during pre-launch testing and space launch operations.
3. The NPRM made two alternative proposals for providing access to
this band for launch telemetry use. Under the first proposal, the
Commission would add a footnote to the U.S. Table providing primary
non-Federal Space Operation service allocations to portions of the
2200-2290 MHz band. This footnote would require successful coordination
of the assignment and use of the band for space launch operations with
NTIA; restrict non-Federal use of the band to pre-launch testing and
launches at Federal ranges; limit non-Federal transmissions to the
2207-2219 MHz, 2270.5-2274.5 MHz, and 2285-2290 MHz portions of the
band; and limit non-Federal use of the band to channel bandwidths less
than 5 megahertz by launch vehicles. Under a second proposal, the
Commission would amend the U.S. Table to add a primary non-Federal
Space Operation service allocation to the 2200-2290 MHz band. This
allocation would be accompanied by a footnote to the U.S. Table with
the same restrictions specified in the footnote proposed in the first
alternative. The NPRM also asked whether there is sufficient spectrum
available to support the growth of the commercial launch industry.
4. The 2200-2290 MHz band is currently allocated on a primary basis
to multiple services for Federal use and is widely used. The only
permitted non-Federal use of the band is for stations in the space
research, space operation, and Earth exploration-satellite services to
transmit to NASA's Tracking and Data Relay Satellite System (TDRSS) on
a non-interference basis. According to NTIA, the 2200-2290 MHz band is
heavily used by the Department of Defense (DoD) and other agencies and
these uses are vital for mission-critical systems. NTIA emphasizes that
use of the band during commercial launches must be carefully
coordinated to protect these Federal operations and suggests that the
commercial space launch industry be limited to four frequency segments
to facilitate this coordination. Because of the importance of Federal
systems in the band, NTIA supports adding a secondary non-Federal space
operations allocation to this band instead of the proposed primary
allocation. As the private sector began to participate in launch
activities, companies needed access to spectrum to facilitate
communications associated with launch activities, a need that has
continued to increase in recent years. The STA mechanism that the
Commission and NTIA have used to provide access to the 2200-2290 MHz
band during launches is not ideal to handle the increased volume of
commercial space launch activities because applicants are often
required to file multiple STAs for a single launch and the STAs expire
after six months. STA requests are coordinated with NTIA manually,
through email, whereas other non-Federal applications requiring
coordination are processed through the Office of Engineering and
Technology's Frequency Assignment System (OFACS). In the NPRM, the
Commission tentatively concluded that creating a non-Federal allocation
for this band would be preferable to continuing to issue STAs on a
launch-by-launch basis because licenses would better support the
forecasted increased number of commercial launches in the future.
Accordingly, in the NPRM the Commission invited comment on adopting
such an allocation, as a first step towards establishing rules that
would allow for issuing licenses to commercial launch operators to
permit their use of this spectrum band on an interference-protected
basis.
5. Although commenters disagreed as to whether a non-Federal
allocation is warranted or whether continued reliance on STAs is
acceptable, all commenters agreed that access to this band for
telemetry during launches is necessary. The Commercial Spaceflight
Federation expressed the importance of access to this band on a co-
primary basis for launch telemetry and pointed out that allocating
spectrum even on a secondary basis can eliminate the unnecessary STA
process. A coalition of several space launch providers asserted that
they must make one or more requests for STAs for every launch and
reentry because no spectrum is currently allocated for these purposes,
even on a secondary basis. SpaceX supports the first proposal to add a
footnote to the U.S. Table providing a
[[Page 33904]]
primary non-Federal allocation with the understanding that such a Table
footnote is the legal equivalent of a Table allocation, while the
Commercial Spaceflight Federation and XCOR have no preference between
the two proposals. Blue Origin prefers adding a non-Federal co-primary
allocation to the band. SpaceX states that it will need an additional 4
megahertz of bandwidth beyond what is provided in the proposals to
support operations of its heavy lift launch vehicles. Orbital ATK
favors adding non-Federal allocations in the band at 2225.5 MHz, 2241.5
MHz, 2259.5 MHz, 2269.5 MHz, and 2288.5 MHz.
6. SpaceX states that the STA process is suboptimal as commercial
space launches are occurring more frequently. SpaceX explains that the
STA process creates significant business planning challenges due to the
lack of certainty regarding approval timing as it relates to the
scheduled launch date as well as the inherent uncertainty of non-
interference status. Both SpaceX and the Commercial Spaceflight
Federation note that applicants have no visibility into the
coordination process. According to SpaceX, implementing the proposed
allocation will streamline licensing, reduce the amount of required
coordination, and provide greater certainty regarding approvals.
Orbital Sciences (now Northrop Grumman) endorses the addition of a co-
primary allocation to a subset of the frequencies in the relevant band
to remedy the STA process shortcomings--notably, that communications
can be interrupted at any time and that it takes a significant amount
of time to obtain STAs.
7. The Satellite Industry Association, Boeing, and Lockheed Martin
argue that a non-Federal allocation in this band is unnecessary and
that non-Federal launches currently enjoy de facto interference
protection because they are coordinated with Federal frequency
coordinators. Boeing claims that a non-Federal allocation will not
simplify Federal coordination in these bands because non-Federal users
will not be empowered to interfere with Federal users except to the
extent coordinated with a Federal spectrum coordinator. Boeing suggests
that once SpaceX gains experience with the current process, it will
realize that the process provides reliable interference-free access to
launch spectrum and that the current well-understood and effective
system should not be abandoned without a clear, superior alternative.
Boeing also suggests that, instead of adding a non-Federal allocation,
the Commission could adopt a U.S. Table footnote that provides that
non-Federal stations may access the spectrum for launch operations
without an allocation under the condition they may not cause harmful
interference to Federal stations.
8. The Commission concludes that adopting a non-Federal secondary
allocation for this band for use during commercial space launches will
help meet the future needs of the growing commercial space industry.
Adopting this new allocation is the first step in a process that will
allow the Commission to adopt technical and other service rules to
govern commercial launch operations which, in turn, will give operators
more certainty with respect to spectrum use in these bands during
commercial space launches. Access to spectrum under a more predictable,
collaborative, and transparent regulatory process is important to the
fledgling commercial space launch industry because of the large
monetary investment required for each launch. By operating on a
regular, licensed basis, commercial space operators will have certainty
as to which frequency bands can be used for non-federal space launch
operations, which will promote the advance planning and investment
necessary for future space launch activities. Although there will be
coordination with NTIA prior to each launch, the Commission will
continue to work with NTIA to facilitate efforts to streamline the
coordination process to further improve certainty with respect to
spectrum access. The need for reliable access to launch spectrum is
becoming even more important as commercial launch operators shift
beyond cargo supply activities into manned space missions. SpaceX
recently completed a successful manned mission to the ISS and Boeing is
developing a craft to take people to the ISS. The Commission also notes
that the current process of obtaining an STA places burdens on launch
providers, which must prepare numerous duplicative applications.
Significantly, SpaceX and Blue Origin, who have obtained dozens of STAs
for spectrum in the 2200-2290 MHz band, favor an allocation in lieu of
continued reliance on STAs. As the U.S. commercial space industry
continues to expand, the Commission expect the burdens and
uncertainties associated with continuing the current STA process would
only increase.
9. The Commission is not convinced by the claims of several
commenters that there is no need for change because the current STA
process provides de facto interference protection. While that may be
the case today when there are still relatively few launches, there is
no guarantee that the current approach is sustainable as the number of
commercial launches increases. In 2012, there were only seven Federal
Aviation Administration (FAA) licensed commercial launches; in 2020,
there were 39 FAA-licensed commercial launches. The Commission expect
that number will continue to increase. In addition, use of private
spaceports located outside of the established Federal ranges do not fit
the existing pattern the Commission has established for issuing STAs.
Thus, as the space launch landscape continues to evolve, the current ad
hoc experimental licensing approach based on uncertain temporary
authorizations becomes increasingly risky. The Commission also does not
believe it is necessary to delay adopting an allocation for the 2200-
2290 MHz band because of the time that has passed since the NPRM as
several commenters suggest. The NPRM clearly raised the issue of
whether the Commission should adopt an allocation for this band as a
first step toward adopting service rules. The current record, including
the comments received in response to the NPRM and the more recent ex
parte filings, along with our experience issuing experimental licenses
demonstrate that taking this step is the best course of action. In
fact, there is nothing to suggest that the issues commenters have
raised regarding the current STA process have changed and our
experience over the past eight years only further supports the need for
a non-Federal allocation for this band.
10. Adopting a non-Federal Space Operation allocation for the 2200-
2290 MHz band will allow us to develop rules that meet the specific
needs of the commercial space industry, rather than trying to stretch
the experimental rules to meet these unique needs. There are several
reasons for this. First, because the dynamics for frequency use during
launch activities are now well established, they are no longer
considered truly experimental and should be transitioned to a set of
permanent rules to bring certainty to the process. Second, because of
the nature of experimentation, which often involves transmitters that
have not gone through the equipment approval process, the rules
governing experimental use do not provide any long term sustainability
or interference protection from allocated services. Third, the
Commission finds that carving out a specific exemption from our
experimental rules to provide interference protection for launch
activities--as requested by Boeing, Lockheed Martin, and the Satellite
[[Page 33905]]
Industry Association--could create confusion among licensees and is an
inferior solution compared to providing an allocation and adopting
service rules. Fourth, because the experimental rules are not intended
to cover long-term commercial enterprises and STAs are limited by the
Communications Act to periods of no more than 180 days, they are not
suited to covering multiple launches over time. Thus, the current STA
process cannot accommodate multiple launches over extended time periods
as requested by Boeing, SpaceX, and Orbital ATK.
11. As advised by NTIA, the Commission is adopting a secondary
Space Operation service allocation for the 2200-2290 MHz band rather
than the primary allocation proposed in the NPRM. Given that the use of
this band necessitates close coordination with NTIA, adopting a
secondary allocation for this band would accomplish many of the goals
the Commission sought to achieve with the proposed primary allocation.
With a secondary allocation, the Commission will be able to adopt
service rules for use of the band and issue spectrum authorizations for
space launch operations. This will reduce the uncertainty of the
launch-by-launch STA process and provide well-defined technical rules
that licensees can design their equipment to comply with. While
individual launches will still need to be coordinated, once the service
rules are adopted and applicants will no longer have to apply for STAs
for each launch, a streamlined process that will save time and effort
on the part of space launch operators, NTIA, and the Commission will be
more achievable. The Commission notes that even if it had adopted a
primary non-Federal allocation for this band, individual launches would
still have needed to be coordinated because of the heavy existing
Federal use of the band. Several commenters advocate adoption of a
primary allocation claiming that it will lead to streamlined licensing,
eliminate repeated licensing work, require less coordination, and
provide greater certainty with respect to approvals. The service rules
the Commission will be able to adopt under a secondary allocation
should be able to provide these benefits to the same extent as rules
adopted under a primary allocation. The Commission defers further
consideration of adopting a primary allocation for this band to the
Further Notice of Proposed Rulemaking (FNPRM) published June 10, 2021
(86 FR 30860).
12. The Commission believes that providing access to the spectrum
by adding a footnote to the U.S. Table is a better alternative than
establishing an allocation in the U.S. Table for these bands. Adding a
footnote instead of establishing an allocation is consistent with
existing precedent that an allocation that is lightly used or highly
restricted is implemented by using a footnote rather than placing in
the U.S. Table. In this case, use of the band will continue to be
restricted even as the U.S. commercial space industry continues to grow
because of the need to coordinate with the Federal operations in the
band. The Commission notes that either a direct table entry or footnote
entry will provide future space operations licensees with equivalent
status in the band.
13. Hence, the Commission is implementing this secondary non-
Federal Space Operation allocation by adding a footnote (US96) to the
2200-2290 MHz band in the U.S. Table. This footnote limits use of the
allocation to use during pre-launch testing and during space launch
operations; requires coordination with NTIA prior to each launch; and
limits non-Federal use to the 2208.5-2213.5 MHz, 2212.5-2217.5 MHz,
2270-2275 MHz, and 2285-2290 MHz portions of the 2200-2290 MHz band.
The limitation to use during pre-launch testing and space launches is
consistent with NTIA's advisement as well as the proposal in the NPRM.
Despite this limitation, the current use of the space operation
allocation to enable access to TDRSS will continue to be permitted on a
non-interference basis under the current allocation. The requirement
that the channel assignments be coordinated with NTIA was proposed in
the NPRM and is necessary because of the existing Federal use of the
band.
14. The limitation on non-Federal use of the band to the 2208.5-
2213.5 MHz, 2212.5-2217.5 MHz, 2270-2275 MHz, and 2285-2290 MHz
portions of the band was requested by NTIA. The NPRM proposed that non-
Federal use of the band be restricted to a slightly different set of
subbands: 2207-2219 MHz, 2270.5-2274.5 MHz, and 2285-2290 MHz. SpaceX
has indicated that its recent launches have used a set of frequencies
that differ both from what was proposed in the NPRM and what is
requested by NTIA. Blue Origin states that it has used two frequencies
that match NTIA's request and two that are different. Boeing suggests
that the Commission avoid identifying discrete portions of the 2200-
2290 MHz band as available for non-Federal launches as non-Federal and
Federal launch vehicles must be interoperable. The Commission
identifies the four portions of the 2200-2290 MHz band for non-Federal
use, as specified by NTIA, but proposes in the FNPRM that the
Commission consider extending the secondary allocation to the full 90
megahertz. The Commission also notes that until service rules are
adopted, non-Federal use of even the four subbands will continue to
require an STA. The Commission notes that launches precipitated by
successful coordination with NTIA have been conducted using this
spectrum for many decades. The Commission sees no indication that this
legacy of successful coexistence between launch operations and Federal
users cannot continue to thrive under the allocation the Commission
adopts today.
15. In addition, the Commission will not add developmental testing
to the permitted uses of the Space Operations allocation, as requested
by SpaceX and the Commercial Spaceflight Federation. As SpaceX admits,
developmental testing is relatively infrequent and likely to occur at
only a few discrete locations. Such testing can, and should, be
conducted under Part 5 experimental licenses.
16. When the Commission proposed allocating the three band segments
in the 2200-2290 MHz band for commercial launch operations, the
Commission also invited comment on whether the spectrum in those band
segments would be sufficient to support the expected growth of the
commercial launch industry. In its comments, SpaceX requests that the
Commission expand the lower sub-band proposed in the NPRM by 4
megahertz to meet the needs of future launches--i.e., establish a 16
megahertz (2205-2221 MHz) band segment. While the Commission is
cognizant that as launch technology continues to develop there may be a
need for greater amounts of telemetry data which will require wider
bandwidths, the Commission declines to expand the band segments
available for telemetry beyond those bands specified in the previous
two paragraphs. Instead, the Commission believes any need for wider
bandwidths can be adequately met on a case-by-case basis using the STA
process.
17. Adopting a non-Federal allocation for the 2200-2290 MHz band,
however, is only a first step in providing licenses for commercial
launch operations. In the FNPRM, the Commission proposes non-Federal
allocations for three more bands and the Commission seeks comment on
appropriate service rules for each band that will enable spectrum
sharing between Federal users and commercial space operators. The
Commission fully intends that the important Federal operations in these
[[Page 33906]]
bands will be protected when introducing a new licensing regime to
accommodate existing and future non-Federal launch activities. Until
service rules for these bands are adopted, the Commission will continue
to accept and process STA applications to approve and authorize
commercial space launch activities. A separate STA will continue to be
required for each launch and the Commission will coordinate these STAs
with NTIA prior to each launch.
18. Use of spectrum other than 2200-2290 MHz for launch telemetry.
The NPRM pointed out that three frequencies in the 2360-2395 MHz band
are ``available for both Federal and non-Federal use for telemetry and
telecommand of launch and reentry vehicles.'' The NPRM sought comment
on the use of these and other frequencies as an alternative to the
2200-2290 MHz band for communications during launches. The NPRM also
noted that the 2360-2395 MHz band is primarily used for aeronautical
telemetry and telecommand operations for flight testing of aircraft and
missiles and sought comment on whether the current and expected future
use of the 2360-2395 MHz band for aeronautical telemetry for flight
testing make it unsuitable for communications associated with launch
activity. SpaceX, the Aerospace Industries Association, Boeing, the New
Mexico Spaceport Authority, and the Commercial Spaceflight Federation
assert that the 2360-2395 MHz band is not an appropriate alternative
for telemetry because of the additional cost of supporting different
frequency bands depending on whether a launch is Federal or non-
Federal. Orbital ATK claims that using this band would require the
Federal launch ranges to modify their equipment and would require
Orbital ATK to replace radios costing millions of dollars. The
Aerospace and Flight Test Radio Coordinating Council (AFTRCC) questions
whether there is a demand for the frequencies in the 2360-2395 MHz band
for launch telemetry, and it notes that the spectrum requirements for
flight test in the band have changed dramatically since frequencies in
the band were made available for space launch telemetry. The Commercial
Spaceflight Federation supports keeping the 2360-2395 MHz band
available for space launch telemetry as an alternative to 2200-2290
MHz, rather than as a replacement. Blue Origin views use of the 2360-
2395 MHz band as an addition to the 2200-2290 MHz band and states that
it would evaluate use of the band for future architectures that require
additional transmitters. However, XCOR, which does support adding an
allocation to 2200-2290 MHz, strongly encourages use of the 2360-2395
MHz band for commercial launch requirements because it would be able to
use the same antenna for the nearby 2312.5 and 2352.5 MHz frequencies
that it has been examining for telemetry use. In the FNPRM, the
Commission seeks comment on the technology development for the 2360-
2395 MHz band.
19. The Commission concludes based on the record that other bands
are not suitable alternatives to the 2200-2290 MHz band for telemetry
to support space launch operations. No commenters supported use of
2360-2395 MHz as a replacement for the 2200-2290 MHz band. The
increasing use of the 2200-2290 MHz band for space launch telemetry
justifies the allocation the Commission is adopting. Allowing access to
the 2200-2290 MHz band for commercial space launches will allow space
launch providers to benefit from the economies of scale inherent from
using the same radio systems for both Federal agencies and commercial
customers. Requiring commercial space launches to use another band,
such as 2360-2395 MHz, would require space launch providers to develop
separate communications systems for use depending on whether the space
launch operation they are conducting is considered a Federal or non-
Federal launch. Such an approach would impose considerable burden on
the nascent commercial space launch industry, undermining the United
States' leadership on space-based services.
20. No Restriction to use at Federal Ranges. The NPRM proposed
restricting the non-Federal Space Operation allocation for the 2200-
2290 MHz band to use at Federal ranges. Federal ranges are designated
areas over which rocket and missile launches occur. These ranges are
typically located over sparsely populated areas or over the ocean, and
they have a designated launch site and associated radar tracking
facilities. This proposal would limit use of the allocation to Federal
launch ranges, such as the eastern range, which extends eastward over
the Atlantic Ocean from Cape Canaveral. The NPRM stated that this
restriction would limit the potential for interference to Federal
operations to a few locations, and it asked whether this restriction
would unduly limit the growth of the commercial space launch industry.
21. All industry commenters who addressed this issue opposed the
restriction to Federal launch ranges. The New Mexico Spaceport
Authority is concerned that this restriction may prevent access to
spectrum for launches at FAA-licensed commercial launch sites and
argues that limiting use of this band to Federal ranges would be
inconsistent with the National Space Policy. SpaceX claims to be
pursuing a launch site that is not in a Federal range. The New Mexico
Spaceport Authority and SpaceX suggest permitting use of the spectrum
at both Federal ranges and FAA-licensed launch sites. Blue Origin would
not be able to operate its New Shepard launch vehicle in its current
configuration with the Federal range limitation, because it launches
from a private site in West Texas that is not an FAA-licensed launch
site and is not co-located with a Federal range. NTIA has requested
that non-Federal use of the 2200-2290 MHz band be limited to use during
space launches and pre-launch testing at Federal ranges and FAA-
licensed launch sites.
22. The Commission will not restrict the locations where the new
non-Federal allocation for the 2200-2290 MHz band may be used. The
Commission recognizes that as the commercial space industry continues
to develop, launches will likely not be limited to Federal ranges, and,
consequently, the Commission does not believe it would be in the public
interest to limit future non-Federal space launch operations to Federal
ranges. The Commission also will not adopt the alternative suggested by
NTIA and some commenters that the Commission limit use of this non-
Federal allocation to FAA-licensed launch sites. As the FAA does not
require that all launches be conducted at locations where it has issued
a launch site license, restricting use of the allocation to launches at
FAA-licensed launch sites would prevent some launch providers from
obtaining a license for this spectrum band. Regardless of where a
launch occurs, the Commission will require coordination with NTIA.
However, because of the expense involved in constructing a launch site
and the need to conduct launches at remote locations because of safety
concerns, the Commission expects the number of locations where launches
will occur to remain small. Consequently, our decision should not
significantly increase the burden on NTIA and Federal agency
coordinators.
23. 420-430 MHz and 5650-5925 MHz Bands. The NPRM also proposed new
non-Federal allocations for the 420-430
[[Page 33907]]
MHz and 5650-5925 MHz bands. However, in recent ex parte submissions,
several commercial space launch providers have indicated that they do
not use either of these bands for their operations. The Commission has
never granted an STA for the 420-430 MHz band for space launches. In
the past several years only one operator has obtained STAs for a small
number of launches for the 5650-5925 MHz band. Given the limited
current use of these bands during space launches, the Commission is not
convinced that there is need for new allocations for either band.
Instead, the Commission seeks further comment on these proposed
allocations in the accompanying FNPRM to determine the current need for
these allocations.
24. Non-Federal Launch Definition. The NPRM recognized that there
can be confusion when trying to determine whether launch activity
spectrum access requires authorization from NTIA or a license from the
Commission. Under the Communications Act, the Commission has authority
to issue licenses for radio stations except those ``belonging to and
operated by the United States.'' The NPRM sought comment on how to
determine whether a given launch is non-Federal or Federal for
licensing purposes. It asked whether factors such as the nature of the
payload, the location of the launch, the provider of the launch
vehicle, and FAA classification of the launch as commercial should be
considered in making this determination.
25. All commenters addressing this issue urge the Commission to
consider all launches licensed by the FAA to be non-Federal. SpaceX
claims that none of the factors listed in the NPRM are conclusive and
that relying on FAA licensing provides the most predictable standard.
Boeing and the Satellite Industry Association both point out the
similarity between language in the NTIA Manual of Regulations and
Procedures for Federal Radio Frequency Management (NTIA Manual or
Redbook), focusing on who has ``effective control'' of the radio
equipment, and the Commercial Space Launch Act's definition of a
commercial launch provider, which focuses on who has ``primary
control'' of the launch. The Aerospace Industries Association goes
further by suggesting that the Commission not require any additional
licensing for launches not licensed by the FAA.
26. A threshold issue for deciding whether a Commission license is
required is the Communications Act's provision excluding radio stations
``belonging to and operated by the United States'' from the
Commission's jurisdiction. If radio equipment used during a launch both
belongs to and is operated by the United States Government, no
Commission license is necessary. Otherwise, a Commission license is
required. While launches that require FAA licensing might be expected
to involve operation of non-Federal stations and require a Commission
license, our jurisdiction is defined in the Communications Act. The key
determination under the Communications Act is whether the radio
equipment at issue belongs to and is operated by the United States
Government. Consistent with the Communications Act, all radio equipment
supporting space launches require a Commission license or authorization
prior to transmitting, unless such equipment ``belong[s] to and [is]
operated by the United States [Government].''
27. Orbital Debris Mitigation. Two commenters addressed the issue
of orbital debris mitigation. XCOR maintains that orbital debris
mitigation associated with launch and reentry operations is the
responsibility of the Secretary of Transportation, and that this
responsibility has been delegated to the FAA. SpaceX also encourages
the Commission to defer to the FAA regarding orbital debris matters for
commercial space transportation activities when it develops service
rules following this rulemaking. In light of the Commission's ongoing
proceeding regarding orbital debris, the Commission will not address
orbital debris mitigation in this proceeding, but any rules adopted in
that context may be applicable to space launch operations.
28. Regulatory Flexibility Analysis. The Regulatory Flexibility Act
of 1980, as amended (RFA) requires that an agency prepare a regulatory
flexibility analysis for notice and comment rulemakings, unless the
agency certifies that ``the rule will not, if promulgated, have a
significant economic impact on a substantial number of small
entities.'' As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Notice of Proposed Rulemaking (NPRM) released in
May 2013. The Commission sought written public comment on the proposals
in the NPRM, including comments on the IRFA. No comments were filed
addressing the IRFA. A Final Regulatory Flexibility Analysis (FRFA)
that conforms to the RFA was prepared and included in Appendix B of the
Report and Order.
29. Paperwork Reduction Act Analysis. This Report and Order does
not contain new or modified information collection requirements subject
to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In
addition, therefore, it does not contain any new or modified
information collection burden for small business concerns with fewer
than 25 employees, pursuant to the Small Business Paperwork Relief Act
of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
30. The Commission has determined, and the Administrator of the
Office of Information and Regulatory Affairs, Office of Management and
Budget, concurs that this rule is non-major under the Congressional
Review Act, 5 U.S.C. 804(2). The Commission will send a copy of this
Report & Order to Congress and the Government Accountability Office
pursuant to 5 U.S.C. 801(a)(1)(A).
31. Accordingly, it is ordered that, pursuant to sections 1, 2,
4(i), 5(c), 301, 303(c), 303(f), and 303(r) of the Communications Act
of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 155(c), 301, 303(c),
303(f), and 303(r), and section 1.411 of the Commission's rules, 47 CFR
1.411, this Report and Order and Further Notice of Proposed Rulemaking
is hereby adopted.
32. It is further ordered that the amendments of Part 2 of the
Commission's rules, as set forth in Appendix A, are adopted, effective
thirty (30) days after publication in the Federal Register.
33. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Report and Order and Further Notice of Proposed
Rulemaking, including the Final and Initial Regulatory Flexibility
Analyses, to the Chief Counsel for Advocacy of the Small Business
Administration.
34. It is further ordered that the Commission shall send a copy of
this Report and Order in a report to be sent to Congress and the
Government Accountability Office pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Parts 2
Communications equipment, Radio, Telecommunications.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications
[[Page 33908]]
Commission amends 47 CFR part 2 as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
2. Amend Sec. 2.106, the Table of Frequency Allocations, as follows:
0
a. Revise page 37.
0
b. In the list of United States (US) Footnotes, add footnote US96 in
numerical order.
The revision and addition read as follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
BILLING CODE 6712-01-P
[[Page 33909]]
[GRAPHIC] [TIFF OMITTED] TR28JN21.002
[[Page 33910]]
* * * * *
United States (US) Footnotes
* * * * *
US96 The band 2200-2290 MHz is allocated to the space operation
service (space-to-Earth) on a secondary basis for non-Federal use
subject to the following conditions. Non-Federal stations shall be:
(a) Restricted to transmissions from the launch vehicle in the sub-
bands 2208.5-2213.5 MHz, 2212.5-2217.5 MHz, 2270-2275 MHz, and 2285-
2290 MHz (necessary bandwidth shall be contained within these ranges);
(b) Restricted to use for pre-launch testing and space launch
operations, except as provided under US303; and
(c) Subject to coordination with NTIA prior to each launch.
* * * * *
[FR Doc. 2021-13685 Filed 6-25-21; 8:45 am]
BILLING CODE 6712-01-C
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</html>Indexed from Federal Register on June 28, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.