Proposed Rule2022-22814
Enable Non-Geostationary Orbit Fixed-Satellite Service (Space-to-Earth) Operations in the 17.3-17.8 GHz Band
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Published
October 26, 2022
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (FCC) seeks comment through a Notice of Proposed Rulemaking adopted on August 3, 2022, on amending its rules to enable non-geostationary (NGSO) fixed-satellite service (FSS) (space-to-Earth) operations in the 17.3- 17.8 GHz frequency band, and on what technical rules would be necessary and appropriate to prevent harmful interference between NGSO FSS operations and other authorized operations in the band.
Full Text
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<title>Federal Register, Volume 87 Issue 206 (Wednesday, October 26, 2022)</title>
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[Federal Register Volume 87, Number 206 (Wednesday, October 26, 2022)]
[Proposed Rules]
[Pages 64750-64753]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22814]
[[Page 64750]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 25
[IB Docket No. 22-273, FCC 20-63; FR ID 107238]
Enable Non-Geostationary Orbit Fixed-Satellite Service (Space-to-
Earth) Operations in the 17.3-17.8 GHz Band
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Federal Communications Commission (FCC)
seeks comment through a Notice of Proposed Rulemaking adopted on August
3, 2022, on amending its rules to enable non-geostationary (NGSO)
fixed-satellite service (FSS) (space-to-Earth) operations in the 17.3-
17.8 GHz frequency band, and on what technical rules would be necessary
and appropriate to prevent harmful interference between NGSO FSS
operations and other authorized operations in the band.
DATES: Comments are due December 27, 2022. Reply comments are due
January 24, 2023.
ADDRESSES: You may submit comments, identified by IB Docket No. 22-273,
by any of the following methods:
[ssquf] Federal Communications Commission's Website: <a href="http://apps.fcc.gov/ecfs/">http://apps.fcc.gov/ecfs/</a>. Follow the instructions for submitting comments.
[ssquf] People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: <a href="/cdn-cgi/l/email-protection#c3858080f6f3f783a5a0a0eda4acb5"><span class="__cf_email__" data-cfemail="94d2d7d7a1a4a0d4f2f7f7baf3fbe2">[email protected]</span></a> or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Sean O'More, International Bureau,
Satellite Division, 202-418-2453, <a href="/cdn-cgi/l/email-protection#9deef8fcf3b3f2f0f2eff8ddfbfefeb3faf2eb"><span class="__cf_email__" data-cfemail="6d1e080c03430200021f082d0b0e0e430a021b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking, IB Docket No. 22-273, FCC 22-63, adopted August
3, 2022, and released August 3, 2022. The full text of the Notice of
Proposed Rulemaking is available at <a href="https://www.fcc.gov/edocs/search-results?t=quick&fccdaNo=22-63">https://www.fcc.gov/edocs/search-results?t=quick&fccdaNo=22-63</a>. To request materials in accessible
formats for people with disabilities, send an email to <a href="/cdn-cgi/l/email-protection#fbbdb8b8cecbcfbb9d9898d59c948d"><span class="__cf_email__" data-cfemail="bafcf9f98f8a8efadcd9d994ddd5cc">[email protected]</span></a>
or call the Consumer & Governmental Affairs Bureau at 202-418-0530
(voice), 202-418-0432 (TTY).
Comment Filing Requirements
Interested parties may file comments and reply comments on or
before the dates indicated in the DATES section above. Comments may be
filed using the Commission's Electronic Comment Filing System (ECFS).
<bullet> Electronic Filers. Comments may be filed electronically
using the internet by accessing the ECFS, <a href="http://apps.fcc.gov/ecfs">http://apps.fcc.gov/ecfs</a>.
<bullet> Paper Filers. Parties who choose to file by paper must
file an original and one copy of each filing.
Filings can be sent by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
<bullet> Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express,
and Priority mail must be addressed to 45 L Street NE, Washington, DC
20554.
<bullet> Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). <a href="https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy">https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy</a>.
<bullet> Persons with Disabilities. To request materials in
accessible formats for people with disabilities (braille, large print,
electronic files, audio format), send an email to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="8debeeeeb8bdb9cdebeeeea3eae2fb">[email protected]</a> or
call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice)
or 202-418-0432 (TTY).
Ex Parte Presentations
The Commission will treat this proceeding as a ``permit-but-
disclose'' proceeding in accordance with the Commission's ex parte
rules. Persons making ex parte presentations must file a copy of any
written presentation or a memorandum summarizing any oral presentation
within two business days after the presentation (unless a different
deadline applicable to the Sunshine period applies). Persons making
oral ex parte presentations are reminded that memoranda summarizing the
presentation must (1) list all persons attending or otherwise
participating in the meeting at which the ex parte presentation was
made, and (2) summarize all data presented and arguments made during
the presentation. If the presentation consisted in whole or in part of
the presentation of data or arguments already reflected in the
presenter's written comments, memoranda or other filings in the
proceeding, the presenter may provide citations to such data or
arguments in his or her prior comments, memoranda, or other filings
(specifying the relevant page and/or paragraph numbers where such data
or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with rule 1.1206(b). In proceedings governed by
rule 1.49(f) or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
Paperwork Reduction Act
This document contains proposed new and modified information
collection requirements. The Commission, as part of its continuing
effort to reduce paperwork burdens, invites the general public and the
Office of Management and Budget to comment on the information
collection requirements contained in this document, as required by the
Paperwork Reduction Act of 1995. In addition, pursuant to the Small
Business Paperwork Relief Act of 2002, we specifically seek comment on
how we might further reduce the information collection burden for small
business concerns with fewer than 25 employees.
Initial Regulatory Flexibility Analysis. As required by the
Regulatory Flexibility Act of 1980 (RFA) the Commission has prepared an
Initial Regulatory Flexibility Analysis (IRFA) relating to this Notice
of Proposed Rulemaking.
Synopsis
Notice of Proposed Rulemaking
In this Notice of Proposed Rulemaking, we seek comment on whether
to allow operations of non-
[[Page 64751]]
geostationary satellite orbit (NGSO) in the FSS (space-to-Earth) in the
17.3-17.8 GHz band, similar to our action with regard to GSO FSS
operations in these bands. We seek comment on whether such an action
would serve the public interest, and, if adopted, what technical rules
and standards we would need to prevent harmful interference between
authorized services in these bands while increasing efficient and
effective use of the spectrum.
Some commenters advocate allocating the 17.3-17.8 GHz band to both
GSO and NGSO FSS (space-to-Earth) operations. Commenters point out that
the demand for NGSO FSS (space-to-Earth) spectrum is growing, and that
there is currently an imbalance between NGSO FSS (Earth-to-space) and
NGSO FSS (space-to-Earth) spectrum in the Ka-band, which allocating the
band to NGSO FSS would help to redress. Further, these commenters note
that an NGSO FSS (space-to-Earth) allocation would align with the
preparatory studies for the ITU 2023 World Radiocommunications
Conference (WRC-23).
In the 17 GHz FSS Notice, the Commission observed that the
interference-mitigation regime it established for BSS and DBS feeder
links in the 17.3-17.7 GHz band presupposed only GSO satellites.
Further, the Commission noted that Article 22 of the ITU Radio
Regulations does not include equivalent power flux density limits at
the Earth's surface for the 17.3-17.8 GHz band that are necessary to
protect earth stations receiving GSO transmissions from harmful
interference from NGSO operations. Since the release of the 17 GHz FSS
Notice, some sharing and compatibility studies and preparatory work
have been started by interested parties on FSS use of 17 GHz band and
these studies are aiming to be completed in time for the next World
Radio Conference in 2023 for any needed changes to the ITU Radio
Regulations. These studies are expected to address certain sharing
issues and the potential of the 17 GHz band for use by NGSO FSS
satellites, including ESIMs.
We seek comment on commenters request to allocate the 17.3-17.7 GHz
band to NGSO FSS (space-to-Earth), as well as on permitting unprotected
NGSO FSS (space-to-Earth) operations in the 17.7-17.8 GHz band, similar
to our action with regard to GSO FSS operations in these bands in the
Report and Order. Kuiper, Mangata, SES and Telesat, SpaceX and OneWeb
support an allocation to NGSO FSS in the band. Specifically, Kuiper
observes that demand for internet services is growing, particularly
with more people working from home, and that at the same time, there is
a 300-megahertz imbalance in spectrum available to NGSO providers, with
2,500 megahertz in 27.5-30.0 GHz of Earth-to-space spectrum and only
2,200 megahertz in 17.8-18.6 and 18.8-20.2 GHz in the Ka-band. Kuiper
points out that in several recent rulemakings, the Commission has made
spectrum available for both GSO and NGSO operations. Kuiper also states
that nothing in the United States' positions for WRC-23 distinguishes
between GSO and NGSO FSS satellite services, nor recommends any band
for GSO only. SpaceX agrees with Kuiper, and states that timely access
to the 17 GHz band is critical to enable satellite operators to meet
the growing demand of American consumers for next-generation broadband
connectivity wherever they are. SpaceX also states that because NGSO
FSS operators such as SpaceX must share the spectrum allocated to their
service, limited access to Ka-band spectrum presents a potential
bottleneck that could reduce these operators' ability to provide high-
capacity, low latency broadband services to underserved and unserved
Americans--especially for critical downlink spectrum, where NGSO
systems have access to 300 MHz less spectrum than on the uplink. Space
X also states that the ``lack of equivalent power flux-density
(``EPFD'') limits in the band should not serve as a barrier to
successful coexistence between NGSO and GSO operators in the 17 GHz
band.'' OneWeb adds that we have recognized the value of NGSO
constellations in providing broadband services to the public, and that
allowing NGSO FSS use would provide the same benefits of more spectrum,
and particularly contiguous spectrum, to NGSO constellations as to GSO
satellites and constellations.
Opposing the idea, AT&T points out that neither the Commission nor
international bodies have studied the technical feasibility of NGSO
operations in the 17.3-17.7 GHz band. AT&T reminds that the current
interference prevention regime in the band and the technical rules
proposed in the 17 GHz FSS Notice are based on GSO systems sharing the
band, and do not consider the technical characteristics nor
interference potential of NGSO systems. Similarly, Hughes asserts that
NGSO operations, if allowed at all, should be on a secondary basis, and
SES and Telesat state only that we should provide an opportunity for
NGSO proponents to demonstrate that they can share the band
successfully with GSO FSS (space-to-Earth) services. The FWCC agrees
with AT&T that ``the Commission should reject proposals to include non-
geostationary satellite orbit (NGSO) FSS downlinks in this proceeding
until technical studies can be produced demonstrating that NGSO FSS
operations can share the 17.7-17.8 GHz band without causing harmful
interference to incumbent services.''
We seek comment on NGSO FSS spectrum needs and permitting NGSO FSS
(space-to-Earth) operations in the band, and ask commenters to support
their views with technical data and studies to help us determine
whether and how an allocation to NGSO FSS in the space-to-Earth
direction in the band would serve the public interest while protecting
incumbent users. If we were to allocate this spectrum for NGSO FSS,
what are the appropriate technical rules vis-[agrave]-vis DBS/BSS, GSO
FSS, or terrestrial services? What rules need to be adopted or modified
to enable effective sharing while protecting the incumbent users? Are
the EPFD limits in the adjacent bands sufficient to protect DBS/BSS
stations and GSO FSS stations? Are there methods of protection other
than EPFD limits that would be applicable? Would the addition of an
NGSO allocation further degrade the reference situation for the DBS
stations operating in accordance with the ITU Radio Regulations
Appendix 30 plan? Are there any domestic and international coordination
issues and/or other technical challenges that we need to address? All
parties, whether advocating for an NGSO FSS (space-to-Earth) allocation
in the band or against it, should support their views and requests with
technical studies and data with quantitative and qualitative analyses.
Digital Equity and Inclusion. The Commission, as part of its
continuing effort to advance digital equity for all, including people
of color, persons with disabilities, persons who live in rural or
Tribal areas, and others who are or have been historically underserved,
marginalized, or adversely affected by persistent poverty or
inequality, invites comment on any equity-related considerations and
benefits (if any) that may be associated with the proposals and issues
discussed herein. Specifically, we seek comment on how our proposals
may promote or inhibit advances in diversity, equity, inclusion, and
accessibility, as well the scope of the Commission's relevant legal
authority.
[[Page 64752]]
Procedural Matters
Initial Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act (RFA), the Commission
has prepared this Initial Regulatory Flexibility Analysis (IRFA) of the
possible significant economic impact on small entities by the policies
and rules proposed in this Notice of Proposed Rulemaking (NPRM). We
request written public comments on this IRFA. Commenters must identify
their comments as responses to the IRFA and must file the comments by
the deadlines for comments on the NPRM provided above in section IV.B.
The Commission will send a copy of the NPRM, including this IRFA, to
the Chief Counsel for Advocacy of the Small Business Administration. In
addition, summaries of the NPRM and IRFA will be published in the
Federal Register.
A. Need for, and Objectives of, the Proposed Rules
The NPRM seeks comment on several proposals relating to the
Commission's allocation of frequency bands for use by the Fixed-
Satellite Service (FSS) and technical rules and policies for preventing
harmful interference between stations operating in the Fixed-Satellite
Service and stations operating in the Digital Broadcasting Satellite
(DBS) Service and the Broadcasting-Satellite Service (BSS). Adoption of
the proposed changes would, among other things, permit the use of the
17.3-17.8 GHz band in the space-to-Earth direction by stations in the
Fixed-Satellite Service.
B. Legal Basis
The proposed action is authorized under sections 4(i), 7(a),
303(c), 303(f), 303(g), and 303(r) of the Communications Act of 1934,
as amended, 47 U.S.C. 154(i), 157(a), 303(c), 303(f), 303(g), 303(r).
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules May Apply
The RFA directs agencies to provide a description of, and, where
feasible, an estimate of, the number of small entities that may be
affected by adoption of proposed rules. The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A small business concern is one which: (1) is independently owned
and operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the Small Business
Administration (SBA). Below, we describe and estimate the number of
small entity licensees that may be affected by adoption of the proposed
rules.
Satellite Telecommunications. This category comprises firms
``primarily engaged in providing telecommunications services to other
establishments in the telecommunications and broadcasting industries by
forwarding and receiving communications signals via a system of
satellites or reselling satellite telecommunications.'' Satellite
telecommunications service providers include satellite and earth
station operators. The category has a small business size standard of
$35 million or less in average annual receipts, under SBA rules. For
this category, U.S. Census Bureau data for 2012 show that there were a
total of 333 firms that operated for the entire year. Of this total,
299 firms had annual receipts of less than $25 million. Consequently,
we estimate that the majority of satellite telecommunications providers
are small entities.
All Other Telecommunications. The ``All Other Telecommunications''
category is comprised of establishments primarily engaged in providing
specialized telecommunications services, such as satellite tracking,
communications telemetry, and radar station operation. This industry
also includes establishments primarily engaged in providing satellite
terminal stations and associated facilities connected with one or more
terrestrial systems and capable of transmitting telecommunications to,
and receiving telecommunications from, satellite systems.
Establishments providing internet services or voice over internet
protocol (VoIP) services via client-supplied telecommunications
connections are also included in this industry. The SBA has developed a
small business size standard for ``All Other Telecommunications'',
which consists of all such firms with annual receipts of $35 million or
less. For this category, U.S. Census Bureau data for 2012 show that
there were 1,442 firms that operated for the entire year. Of those
firms, a total of 1,400 had annual receipts less than $25 million and
15 firms had annual receipts of $25 million to $49,999,999. Thus, the
Commission estimates that the majority of ``All Other
Telecommunications'' firms potentially affected by our action can be
considered small.
We anticipate that our proposed rule changes may have an impact on
earth station and space station applicants and licensees. Space station
applicants and licensees, however, rarely qualify under the definition
of a small entity. Generally, space stations cost hundreds of millions
of dollars to construct, launch, and operate. Consequently, we do not
anticipate that any space station operators are small entities that
would be affected by our proposed actions.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
The NPRM proposes and seeks comment on several rule changes that
would affect compliance requirements for space station operators. As
noted above, these parties rarely qualify as small entities.
For example, we propose to allow additional uses of the 17.3-17.8
GHz band, subject to compliance with technical limits designed to
protect other users of the bands.
In total, the proposals and questions in the NPRM are designed to
achieve the Commission's mandate to regulate in the public interest
while imposing the lowest necessary burden on all affected parties,
including small entities.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
The RFA requires an agency to describe any significant,
specifically small business, alternatives that it has considered in
reaching its proposed approach, which may include the following four
alternatives (among others): ``(1) the establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance and
reporting requirements under the rules for such small entities; (3) the
use of performance rather than design standards; and (4) an exemption
from coverage of the rule, or any part thereof, for such small
entities.''0000000
The NPRM seeks comment from all interested parties. The Commission
is aware that some of the proposals under consideration may impact
small entities. Small entities are encouraged to bring to the
Commission's attention any specific concerns they may have with the
proposals outlined in the NPRM.
The Commission expects to consider the economic impact on small
entities, as identified in comments filed in response to the NPRM, in
reaching its final conclusions and taking action in this proceeding.
[[Page 64753]]
In this NPRM, the Commission invites comment on adding an
allocation in the 17.3-17.8 GHz band to permit the use of the band by
the Fixed-Satellite Service in the space-to-Earth direction, along with
technical rules to prevent harmful interference between the FSS, DBS,
and BSS. Overall, the proposals in the NPRM seek to increase the use of
the 17.3-17.8 GHz band by satellite services while maintaining adequate
protections against interference.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
None.
Ordering Clauses
It is further ordered that, pursuant to Sections 4(i), 7(a),
303(c), 303(f), 303(g), and 303(r) of the Communications Act of 1934,
as amended, 47 U.S.C. 154(i), 157(a), 303(c), 303(f), 303(g), 303(r),
this Notice of Proposed Rulemaking IS HEREBY ADOPTED.
It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center will send a
copy of this Report and Order and this Notice of Proposed Rulemaking,
including the final and initial regulatory flexibility analyses, to the
Chief Counsel for Advocacy of the Small Business Administration, in
accordance with Section 603(a) of the Regulatory Flexibility Act, 5
U.S.C. 601 et seq.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2022-22814 Filed 10-25-22; 8:45 am]
BILLING CODE 6712-01-P
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