Rule2022-23674
Amendment to Enable GSO Fixed-Satellite Service (Space-to-Earth) Operations in the 17.3-17.8 GHz Band, To Modernize Certain Rules Applicable to 17/24 GHz BSS Space Stations, and To Establish Off-Axis Uplink Power Limits for Extended Ka-Band FSS Operations
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
November 25, 2022
Effective
December 27, 2022
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (FCC) adopts amendments to its rules toenable geostationary satellite orbit (GSO) space stations in the fixed-satellite service (FSS) to operate downlinks (space-to-Earth) in the 17.3-17.8 GHz frequency band, subject to certain limitations, and adopts related technical updates to its rules governing the FSS and the Broadcasting-Satellite Service to prevent harmful interference.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 226 (Friday, November 25, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Rules and Regulations]
[Pages 72388-72409]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23674]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 25
[IB Docket Nos. 20-330; FCC 22-63; FR ID 107242]
Amendment to Enable GSO Fixed-Satellite Service (Space-to-Earth)
Operations in the 17.3-17.8 GHz Band, To Modernize Certain Rules
Applicable to 17/24 GHz BSS Space Stations, and To Establish Off-Axis
Uplink Power Limits for Extended Ka-Band FSS Operations
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission (FCC)
adopts amendments to its rules toenable geostationary satellite orbit
(GSO) space stations in the fixed-satellite service (FSS) to operate
downlinks (space-to-Earth) in the 17.3-17.8 GHz frequency band, subject
to certain limitations, and adopts related technical updates to its
rules governing the FSS and the Broadcasting-Satellite Service to
prevent harmful interference.
DATES: The amendments are effective December 27, 2022, except for the
amendments to Sec. Sec. 25.114 (amendatory instruction 5), 25.115
(amendatory instruction 6), 25.117 (amendatory instruction 7), 25.140
(amendatory instruction 8), 25.203 (amendatory instruction 10), and
25.264 (amendatory instruction 18), which are delayed. The Commission
will publish a document in the Federal Register announcing the
effective date for those amendments.
FOR FURTHER INFORMATION CONTACT: Sean O'More, International Bureau,
Satellite Division, 202-418-2453, <a href="/cdn-cgi/l/email-protection#cab9afaba4e4a5a7a5b8af8aaca9a9e4ada5bc"><span class="__cf_email__" data-cfemail="3a495f5b5414555755485f7a5c5959145d554c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, FCC 22-63, adopted August 3, 2022, and released August 3,
2022. The full text of the Report and Order 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#74323737414440341217175a131b02"><span class="__cf_email__" data-cfemail="92d4d1d1a7a2a6d2f4f1f1bcf5fde4">[email protected]</span></a> or call the Consumer & Governmental Affairs
Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).
Final Regulatory Flexibility Analysis. As required by the
Regulatory Flexibility Act of 1980, as amended (RFA), the Commission
prepared a Final Regulatory Flexibility Analysis (FRFA) of the possible
significant economic impact on small entities of the policies and rules
adopted in the Order, which was incorporated in the Report and Order.
Congressional Review Act
The Commission will send a copy of the Report and Order in a report
to be sent to Congress ad the Government Accountability Office pursuant
to the Congressional Review Act (CRA), see 5 U.S.C. 801(a)(1)(A).
Paperwork Reduction Act
This document contains new or modified 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, we note that pursuant to the Small
Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
U.S.C. 3506(c)(4), we previously sought specific comment on how the
Commission might further reduce the information collection burden for
small business concerns with fewer than 25 employees.
Synopsis
I. Introduction
In this final rule, the Commission permits use of the 17.3-17.7 GHz
band by geostationary satellite orbit (GSO) space stations in the
fixed-satellite service (FSS) in the space-to-Earth direction on a co-
primary basis with incumbent services. We also permit limited GSO FSS
(space-to-Earth) use of the 17.7-17.8 GHz band on an unprotected basis
with respect to fixed service operations. Permitting use of the 17.3-
17.8 GHz band to include FSS downlinks increases intensive and
efficient use of the band and provides additional downlink capacity for
high-throughput satellite communications. With appropriate technical
safeguards established herein, including coordination requirements,
this band can be shared in an efficient and effective manner without
harmful interference while alleviating the growing need for additional
Ka-band GSO FSS downlink spectrum to support communications to earth
stations, and further streamline the licensing process of certain
satellite systems. Permitting use of the 17.3-17.8 GHz band to include
FSS downlinks will create a contiguous band for FSS (space-to-Earth)
operations, enabling greater flexibility and efficiency for advanced
satellite systems operations for the benefit of American consumer. In
this final rule, we also define an extended Ka-band in our rules, i.e.,
the 17.3- 18.3 GHz (space-to-Earth), 18.8-19.4 GHz (space-to-Earth),
19.6-19.7 GHz (space-to-Earth), 27.5-28.35 GHz (Earth-to-space) and
28.6-29.1 GHz (Earth-to-space) bands to streamline licensing of FSS
earth stations in a closely harmonized regulatory framework for all
similar FSS uplink transmissions in the conventional and extended Ka-
bands.
II. Background
The Table of Frequency Allocations is comprised of the
International Table and the United States Table of Frequency
Allocations (U.S. Table). In the International Table, the 17.3-17.7 GHz
band is allocated, in International Telecommunication Union (ITU)
Region 2, to the fixed-satellite service (FSS) (Earth-to-space) and to
the broadcasting-satellite service (BSS) on a co-primary basis, as well
as to the radiolocation service on a secondary basis. In the U.S.
Table, the 17.3-17.7 GHz band is allocated to the FSS (Earth-to-space)
and to the BSS on a co-primary basis and to the radiolocation services
on a secondary basis. The adjacent 17.7-17.8 GHz band is allocated
internationally in ITU Region 2 to the fixed service, BSS, and FSS (in
both the space-to-Earth and Earth-to-space directions) on a primary
basis and to the mobile service on a secondary basis. The 17.7-17.8 GHz
band is allocated to FSS (Earth-to-space) and to the fixed service on a
co-primary basis in the U.S. Table. Historically, in the United States,
the 17.3-17.8 GHz band has been used for FSS feeder uplinks that
transmit programming to Direct Broadcast Satellite (DBS) service GSO
space stations, in addition to terrestrial fixed service use of the
17.7-17.8 GHz band. DBS feeder link operations typically involve the
use of large, high-gain antennas at a limited number of individually-
licensed earth station locations. The DBS service satellites then
downlink that video programming directly to consumers in the 12.2-12.7
GHz band.
In 2007, the Commission adopted rules for a new service that would
use the 17.3-17.8 GHz band in the space-to-Earth direction to provide
BSS. This service, known as the ``17/24 GHz BSS,''
[[Page 72389]]
provides service downlinks to customers in the same 17.3-17.8 GHz band
that is used for feeder uplinks to DBS space stations, i.e., reverse
band operation. Although the 17/24 GHz BSS may use the entire 17.3-17.8
GHz band internationally, it may only provide service in the United
States in the 17.3-17.7 GHz band. DBS feeder link uplinks, by contrast,
operate in the entire 17.3-17.8 GHz band in the United States. When the
Commission adopted rules for the 17/24 GHz BSS, it also sought comment
on rules to avoid interference between DBS and 17/24 GHz BSS
operations, both in-orbit (``space path'' interference) and on the
ground (``ground path'' interference). The Commission adopted technical
rules to address space path interference in 2011 that included a
requirement that 17/24 GHz BSS space stations locate at least 0.2
degrees from a DBS space station. In 2017, the Commission adopted rules
to address ground path interference.
On November 18, 2020, the Commission adopted a notice of proposed
rulemaking (NPRM) (86 FR 7660 (Feb. 1, 2021)). In the 17 GHz FSS NPRM,
the Commission proposed to revise its rules and permit GSO FSS (space-
to-Earth) communications in the 17.3-17.7 GHz on a co-primary basis.
The Commission also proposed to permit GSO FSS (space-to-Earth)
communications in the 17.7-17.8 GHz band on an unprotected basis with
respect to terrestrial fixed service operations in the band. This would
join with current spectrum allocations to produce a contiguous band for
non-Federal Government space-to-Earth FSS operations in the United
States, from 17.3-20.2 GHz.
The Commission also proposed a number of technical rules to prevent
harmful interference between stations sharing the 17.3-17.8 GHz band.
In order to facilitate sharing of the band between BSS and FSS, the
Commission proposed satellite spacing requirements, power-flux density
(PFD) limits for transmitting (downlinking) FSS space stations,
polarization and frequency re-use requirements, and space station
antenna cross-polarization requirements. In order to mitigate space
path interference in the band,\1\ the Commission proposed to extend the
``coordination trigger'' applicable to DBS and BSS space stations in
the 17.3-17.8 GHz band to FSS space stations, to require PFD
calculations in the band to consider aggregate PFD from all
transmitting beams on the adjacent space station. The Commission also
proposed a minimum orbital separation between FSS space stations of 0.5
degrees and amendment of the values for off-axis measurement angles,
measurement frequency requirements, and a two-part process for
submission of off-axis antenna gain data. In order to mitigate ground
path interference,\2\ the Commission proposed to maintain its current
rules to ``grandfather'' upgrades and modifications to existing DBS
earth station sites, modify the measurements and values used to
establish DBS/FSS coordination zones in the 17.3-17.8 GHz band, and
permit blanket-licensed FSS receiving earth stations in the 17.3-17.8
GHz band. The Commission also proposed certain conforming modifications
to the rules in order to effectuate the proposed'' changes. Finally,
the Commission proposed to define the term ``extended Ka-band'' to
include all frequency bands in the Ka-band with allocations to the GSO
FSS, apart from the currently-defined ``conventional Ka-band,'' and to
apply the Commission's routine license application processing
procedures to applications in the ``extended Ka-band.''
---------------------------------------------------------------------------
\1\ Space path interference may occur when the off-axis
downlinked signals from one space station are detected by the
receiving antenna of a nearby co-frequency space station. The
severity of space path interference will depend upon the transmitted
signal power level; the off-axis gain discrimination characteristics
of the transmitting and receiving antennas; and on the specific
orientation of, and separation between, the transmitting and
receiving antennas on both space stations. This latter factor in
turn depends upon various inter-dependent parameters including
longitudinal separation and the inclination and eccentricity of both
space station orbits. Management of space path interference is
typically more challenging when a receiving DBS space station is
located within a few tenths of a degree in orbital longitude from a
transmitting co-frequency space station.
\2\ Ground path interference arises in reverse-band sharing
scenarios when the off-axis uplinked signals transmitted by one
earth station are detected by the receiving antenna of a nearby co-
frequency earth station. It is analogous to space path interference
which arising between co-frequency space stations as discussed
above. As with space path interference, the severity of ground path
interference will depend upon the transmitted signal power level,
the off-axis gain discrimination characteristics of the transmitting
and receiving antennas, and the specific orientation of, and
separation between, the transmitting and receiving antennas on both
earth stations. In addition, local geography can also influence
ground path interference levels.
---------------------------------------------------------------------------
III. Discussion
A. GSO FSS Allocation in the 17.3-17.8 GHz Band
The Ka-band \3\ is used extensively by FSS operators to provide
satellite-based broadband access services using high-throughput
satellites. In these high throughput systems, end user terminals uplink
to space stations on one set of frequencies, and the space station
downlinks traffic to earth station terminals (and back into the
internet backbone) using a separate set of frequencies. The satellites
in these systems typically use spot-beam technology and high-order
frequency re-use to significantly increase capacity and spectral
efficiency. In this final rule, we permit FSS downlinks from
geostationary satellites to operate in the 17.3-17.7 GHz band on a co-
primary (co-equal) basis \4\ with other primary services in that band
by revising footnote US402 in the U.S. Table, and adopting a new
footnote NG58. In addition, as discussed below, we make certain other
changes to the U.S. Table to permit GSO FSS space-to-Earth operations
in the adjacent 17.7-17.8 GHz band. We revise the existing primary FSS
allocation in the U.S. Table to permit GSO space-to-Earth operations.
We also permit authorization of FSS receiving earth stations in the
17.7-17.8 GHz band on an unprotected basis with respect to fixed
service operations; such FSS receiving earth stations would operate on
a co-primary basis, however, vis-[agrave]-vis primary satellite
operations in the band.
---------------------------------------------------------------------------
\3\ The Ka-band is generally considered to be 17.3-20.2 GHz and
27.0-30.0 GHz. For the FSS, the conventional Ka-band is defined as
18.3-18.8 GHz (space-to-Earth), 19.7-20.2 GHz (space-to-Earth),
28.35-28.6 GHz (Earth-to-space), and 29.25-30.0 GHz (Earth-to-space)
frequency bands, which the Commission has designated as primary for
GSO FSS operation. 47 CFR 25.103. This final rule establishes an
extended Ka-band for the FSS in the 17.3-18.3 GHz (space-to-Earth),
18.8-19.4 GHz (space-to-Earth), 19.6-19.7 GHz (space-to-Earth),
27.5-28.35 GHz (Earth-to-space) and 28.6-29.1 GHz (Earth-to-space)
bands.
\4\ A service designated as co-primary must share operations
with other services designated as co-primary in the frequency band
on a co-equal basis.
---------------------------------------------------------------------------
1. GSO FSS Transmissions in the 17.3-17.7 GHz Band
The 17.3-17.7 GHz band is allocated in the U.S. Table to FSS
(Earth-to-space), limited to feeder links for the BSS (DBS), and to the
BSS (17/24 GHz BSS), on a co-primary basis. In the 17 GHz FSS NPRM, the
Commission proposed to add a co-primary allocation in the 17.3-17.7 GHz
band for FSS (space-to-Earth). Neither the International (Region 2) nor
the U.S. Table of Frequency Allocations currently permit FSS (space-to-
Earth) operations in this band. In the 17 GHz FSS NPRM, the Commission
proposed to modify the U.S. Table, revise footnote US402, and adopt a
new footnote NG58 to permit co-primary operation of FSS downlink
transmissions in the 17.3-17.7 GHz band, while limiting FSS downlink
operations to GSO satellite networks. To streamline the applicable
restrictions to the 17.3-17.8 GHz band
[[Page 72390]]
in the U.S. Table, the Commission further proposed to incorporate the
use limits found in US271 and NG163 into the new footnote NG58 to
remove footnotes US271 and NG163 from the Commission's rules. The
Commission also proposed consequential modifications to the licensing
information requirements contained in Sec. 25.115(e).
A number of commenters support permitting FSS (space-to-Earth)
operations in the 17.3-17.7 GHz band. These commenters argue that
additional Ka-band FSS (space-to-Earth) spectrum is needed to expand
the capacity to serve the public and to support faster, higher-capacity
satellite broadband communications, in remote and underserved areas.
AT&T states that in order to protect the current operations and
future expansion of BSS and DBS, the Commission must adopt technical
rules to protect incumbents and make any new FSS (space-to-Earth)
allocation secondary to BSS and DBS. CTIA-The Wireless Association
(CTIA) notes that the Commission currently has a proceeding open to
address allocations of spectrum in the 12.2-12.7 GHz band, which is a
downlink band for DBS (Earth-to-space) uplinks in the 17.3-17.8 GHz
band. CTIA suggests that the Commission should consider allocations in
the 12.2-12.7 GHz band and the 17.3-17.8 GHz band in the same
proceeding.
We find that it would serve the public interest to allocate the
17.3-17.7 GHz band to FSS (space-to-Earth). FSS downlinks in the 17 GHz
band will be compatible with the incumbent services: feeder links for
DBS networks and ``reverse band'' use for the downlink portion of 17/24
GHz BSS operations. The majority of commenters support the Commission's
proposed changes to the U.S. Table. Hughes also notes that appropriate
rules to prevent harmful interference have facilitated a convergence of
BSS, FSS, and MSS in the 17/24 GHz band. Only CTIA opposes the
allocation. AT&T states that the allocation should be conditioned to
protect DBS and BSS services. We note that FSS (space-to-Earth)
communications are technically similar to DBS/BSS communications, and
we see no reason why the band, already successfully shared between DBS,
BSS, and FSS (Earth-to-space), cannot be successfully shared with FSS
(space-to-Earth) with the technical standards adopted herein to prevent
harmful interference. We find that permitting use of the 17.3-17.8 GHz
band to include FSS downlinks would increase intensive and efficient
use of the band and provide additional downlink capacity for high-
throughput satellite communications. Increasing space launch activity
in the United States and decreasing satellite size and weight make more
satellite-based communications feasible, and the record in this
proceeding demonstrates a need to provide additional spectrum for FSS
(space-to-Earth) capacity. In addition to providing greater bandwidth
to FSS customers, this allocation will help to provide increased
communications capability to unserved and underserved areas of the
United States, assist in closing the digital divide, and ensure that
this spectrum band is used and shared in the most efficient and
effective manner.
For any new GSO FSS allocation in the 17 GHz Band, AT&T encourages
the Commission to amend the U.S. Table ``to reflect the secondary
status of GSO FSS downlinks vis-[agrave]-vis the incumbent coprimary
services.'' Toward this end, AT&T proposes that we expressly require
``GSO FSS downlinks to protect incumbent 17/24 GHz BSS services, while
not requiring future 17/24 GHz BSS to protect GSO FSS systems.'' We are
not persuaded by these arguments. FSS (space-to-Earth) transmissions
are similar to DBS/BSS transmissions, including the 17/24 GHz BSS
downlinks to customers in the same band, and there is no evidence in
the record of likely harmful interference among the services currently
allocated in the 17.3-17.7 GHz band and FSS (space-to-Earth) if we were
to add a primary FSS (space-to-Earth) allocation (GSO-only) in the
band. We also are not persuaded that treating GSO FSS transmissions
secondary to current and future 17/24 GHz BSS transmissions would be
more appropriate here. In light of the technical rules adopted herein
and the fact that GSO FSS (space-to-Earth) transmissions are similar to
DBS/BSS transmissions, co-primary operations would ensure that all
satellite services, including both current and future 17/24 GHz BSS,
use scarce spectrum and orbital resources in the most efficient and
effective manner, in the absence of any compelling harmful interference
or undue burden concerns. Given the importance of FSS services and the
need for additional FSS downlink spectrum, we find that it would serve
the public interest to adopt a primary FSS downlink allocation in the
band without AT&T's requested condition. Although there is not a Region
2 allocation specifying FSS in the downlink direction, we believe that
the technical rules we adopt herein will prevent harmful interference
and allow successful sharing of the band among all satellite operators,
and to ensure that FSS (space-to-Earth) communications cause no more
interference than, nor require more protection from interference than,
BSS communications in the band.
We also reject CTIA's request to merge this proceeding with the 12
GHz NPRM (86 FR 13266 (March 8, 2021)). We do not agree with CTIA that
band sharing in the 17.3-17.8 GHz band in the space-to-Earth direction
is affected by possible band sharing in the 12.2-12.7 GHz band. The
technical and policy issues in these two proceedings are different,
with varying complexities, and permitting GSO FSS (space-to-Earth)
operations in the 17.3-17.8 GHz band will not affect the allocation or
performance of services in the 12.2-12.7 GHz band. In addition, there
are no efficiencies to be gained by merging these two separate
proceedings. Rather such an action would create delays, procedural
complexities, and administrative inefficiencies.
2. The 17.7-17.8 GHz Band
The 17.7-17.8 GHz band is allocated in ITU Region 2 to the fixed
service, FSS in both directions, and BSS on a primary basis, and to the
mobile service on a secondary basis. In the United States, the band is
allocated for the non-Federal fixed service and FSS (Earth-to-space) on
a primary basis. In the 17 GHz FSS NPRM, the Commission proposed to add
a space-to Earth direction (to the existing primary FSS allocation) in
the U.S. Table, but also to add a footnote stipulating that earth
stations receiving in the 17.7-17.8 GHz band are not entitled to
protection from the fixed service. The Commission noted that allowing
use of the 17.7-17.8 GHz band by the FSS (space-to-Earth) would provide
a contiguous band for FSS downlink operations at 17.3-18.3 GHz, along
with the existing FSS use in the 18.3-18.8 GHz band, which would
facilitate operational efficiencies and flexibility to avoid
interference and to use this contiguous spectrum in the most effective
and efficient manner.
Commenters who support the allocation of the 17.3-17.7 GHz band to
FSS (space-to-Earth) generally support allocating the 17.7-17.8 GHz
band as well. AT&T expresses concerns and states that FSS (space-to-
Earth) should be allocated secondary status in the 17.7-17.8 GHz band.
CTIA opposes the allocation, stating that the allocation would hinder
use of the band by future terrestrial services, and that SES did not
request the use of the band for FSS (space-to-Earth) in its petition.
[[Page 72391]]
We find that adding a space-to Earth direction to the existing
primary FSS allocation in the U.S. Table and a footnote stipulating
that earth stations receiving in the 17.7-17.8 GHz band are not
entitled to protection from the fixed service strikes the best balance
between facilitating FSS (space-to-Earth) as well as continued
operations of other users of the 17.7-17.8 GHz band. The co-primary
allocation allows FSS to use the band for space-to-Earth
communications, while the addition of footnote NG58 to the U.S. Table
ensures that interference environment is not significantly changed for
the existing operations of the incumbent fixed services in the 17.7-
17.8 GHz band. We permit authorization of earth stations receiving
transmissions from GSO FSS space stations in the 17.7-17.8 GHz band,
strictly on an unprotected basis vis-a-vis the fixed service.\5\ This
approach is consistent with our goals to allocate increasingly scarce
spectrum resources in the most efficient and effective manner possible.
Allocating the 17.7-17.8 GHz band to the FSS (space-to-Earth) under the
conditions adopted herein will provide a contiguous band for FSS
downlink operations at 17.3-18.3 GHz, along with the existing FSS use
in the 18.3-18.8 GHz band. This in turn would facilitate operational
efficiencies and flexibility to avoid interference and to use this
contiguous spectrum for next generation FSS services.
---------------------------------------------------------------------------
\5\ In addition, the fixed service stations would be protected
from harmful interference from GSO FSS downlink operations, given
the existing power flux density (PFD) limits for GSO space stations
in Sec. 25.208(c) of the Commission rules. 47 CFR 25.208(c). These
PFD limits comport with established international standards for
preventing harmful interference to fixed service stations and are
applicable in the entire 17.7-19.7 GHz band. See also infra at para.
29. We note that with respect to adjacent band operations, a fixed
service operator in the 17.7-18.3 GHz band is required to comply
with out of band emission limits contained in our rules. A fixed
service operator in the 17.7-18.3 GHz band that complies with these
limits would not otherwise be required to coordinate its operations
with FSS receiving earth stations in the 17.3-17.7 GHz band. See
also 47 CFR 74.637, 78.103, and 101.111. Fixed services in the 17.8-
18.3 GHz band would likewise not be subject to a coordination
requirement vis-[agrave]-vis FSS receiving earth stations operating
in the 17.7-17.8 GHz band.
---------------------------------------------------------------------------
For these reasons, we adopt the proposed co-primary allocations for
FSS (space-to-Earth) in the 17.3-17.8 GHz band, subject to conditions
adopted herein. For the reasons stated below, we conclude that
appropriate technical limitations on FSS (space-to-Earth) use of the
band will allow for successful band sharing and preserve the utility of
the band for incumbent services.
B. Technical Rules To Prevent Harmful Interference in the 17.3-17.8 GHz
Band
In order to prevent harmful interference between services in the
17.3-17.8 GHz band, the Commission proposed a number of technical
rules. These rules were designed to allow FSS (space-to-Earth)
communications flexibility in the band, while preserving the ability to
both use and grow in the band for other services.
1. Measures To Facilitate Space-to-Earth Operations of 17/24 GHz BSS
and FSS
In the 17 GHz FSS NPRM, the Commission proposed various
requirements intended to facilitate both intra-service operations
between 17.3-17.8 GHz FSS space stations and inter-service operations
between FSS and 17/24 GHz BSS space stations operating in the space-to-
Earth direction. Most of these requirements are already applicable to
17/24 GHz BSS space stations transmitting in the band, and the
Commission generally proposed to extend them to 17.3-17.8 GHz FSS space
stations either directly or with some targeted modifications.
Required Longitudinal Separation between Downlinking Satellites.
The Commission proposed to adopt a two-degree orbital spacing
requirement \6\ between transmitting FSS space stations and a four-
degree separation requirement between FSS and 17/24 GHz BSS space
stations. The Commission proposed to require an FSS applicant to make a
different coordination showing depending upon the services of its
adjacent space stations. To implement this approach, the Commission
proposed amending Sec. Sec. 25.140(a), (b), and (d) and 25.262 of our
rules to require GSO FSS and 17/24 GHz BSS applicants seeking to
operate in the 17.3-17.8 GHz band to demonstrate compliance with rules
applicable to their service's particular orbital spacing requirements,
while simultaneously accommodating adjacent space stations in other
services.\7\ While the Commission believed that this approach would use
the orbital arc and associated spectrum resources most efficiently, the
Commission also sought comment on other possible orbital spacing
options, including the four-degree spacing regimen which we currently
apply to 17/24 GHz BSS stations.
---------------------------------------------------------------------------
\6\ The different satellite services operating in the 17.3-17.8
GHz band are subject to different orbital spacing requirements. Our
rules require 17/24 GHz BSS space stations that transmit in the
space-to-Earth direction in the 17.3-17.8 GHz band to be separated
from each other by at least four degrees. In contrast, DBS stations
are authorized to receive feeder uplink transmissions in the 17.3-
17.8 GHz band in the opposite direction (i.e., reverse-band
operations), and are typically separated from each other by at least
nine degrees. Transmitting 17/24 GHz BSS space stations must also
maintain at least 0.2 degrees separation from DBS space stations to
minimize space path interference. GSO FSS space stations however,
have historically been subject to a two-degree spacing requirement.
Compliance with the two-degree orbital separation requirements for
FSS space stations is verified by the information certifications and
technical showings required by 47 CFR 25.140(a) of our rules.
\7\ Under this approach, GSO FSS space stations would adhere to
a two-degree separation regimen between each other, and a four
degree separation from neighboring 17/24 GHz BSS space stations.
---------------------------------------------------------------------------
Most commenters support our proposed orbital spacing approach. AT&T
offers a different option, arguing that given the currently proposed
power flux density (PFD) levels, we may require two degrees of
separation between FSS space stations, but should require six degrees
(vs. four) between FSS and 17/24 GHz BSS stations. AT&T bases this
choice of distance on its argument that the proposed spacing would
increase the aggregate adjacent satellite interference by approximately
1.3 dB, thereby exceeding the standard 6% delta T/T coordination
trigger. In the alternative, AT&T asserts that should we adopt our
orbital spacing proposal, then we must reduce our proposed PFD levels,
particularly in the northeast and west regions, by 2.5 dB.
The Satellite Companies counter that requiring FSS satellites to
either locate at least six degrees from a 17/24 GHz BSS space station
or reduce their PFD levels is unnecessary, as there is no reason to
suppose that the 17/24 GHz BSS system would be affected any differently
by downlinking FSS transmissions than it would be from a neighboring
17/24 GHz BSS station in the current four-degree spacing environment.
The Satellite Companies note, however, that AT&T's concerns may arise
instead from concern about potential aggregate interference that might
arise if multiple satellites were positioned within six degrees on
either side of a current 17/24 GHz BSS location--a situation which they
point out is currently not possible. For this reason, the Satellite
Companies argue that AT&T proposes an overly-broad solution to address
an unlikely, hypothetical scenario. The Satellite Companies propose as
an alternative that the Commission adopt language permitting the
proposed two-degree separation between FSS space stations, and four
degrees between FSS and 17/24 GHz BSS stations, with the added proviso
that an applicant for an additional FSS satellite proposing to operate
within six degrees of a 17/24 GHz BSS satellite must demonstrate that
[[Page 72392]]
interference to the incumbent 17/24 GHz BSS receiver will not increase
over levels expected in the four-degree spacing environment. Hughes
similarly argues that six degrees of separation between FSS and 17/24
GHz satellites is unnecessary, citing the technical analysis provided
with the SES-17 application and the Commission's approval of that
application. As a remedy to concerns of aggregate interference, Hughes
proposes that only one FSS space station be permitted within six
degrees of a 17/24 GHz BSS satellite.
We adopt a two-degree orbital separation requirement between
transmitting FSS space stations, while simultaneously requiring that
FSS space stations locate at least four degrees from adjacent 17/24 GHz
BSS space stations. We do not believe that transmissions from FSS space
stations at PFD levels that are either the same or reduced relative to
those now required from 17/24 GHz BSS space stations in a four-degree
environment will result in additional harmful interference to 17/24 GHz
BSS receiving earth stations as there is no reason to suppose that the
17/24 GHz BSS system would be affected any differently by downlinking
FSS transmissions than it would be from a neighboring 17/24 GHz BSS
station in the current four-degree spacing environment. Accordingly, we
believe that six degrees of separation between 17/24 GHz BSS and FSS
satellites is unwarranted and would result in an inefficient use of
scarce orbital resources.
We find, however, that there is some increased potential for
aggregate interference into 17/24 GHz BSS systems if two transmitting
FSS space stations were to locate within six degrees on either side of
such an incumbent operator. Although relatively unlikely in the
immediate operating environment, it remains a possibility, should
future 17/24 GHz BSS space stations choose to locate at different
orbital positions where two or more existing, or licensed but not yet
launched, FSS space stations are within six degrees on either side of
the 17/24 GHz BSS space station location. To address this concern, we
will require that where an FSS satellite is located within four degrees
of a previously authorized or proposed 17/24 GHz BSS satellite, and an
applicant seeks to deploy another FSS satellite between four and eight
degrees from the same 17/24 GHz BSS satellite in the same direction of
separation as the existing FSS satellite, the applicant must either
coordinate its operations with the affected incumbent 17/24 GHz BSS
system or provide a showing in its application to demonstrate that
aggregate interference into the 17/24 GHz BSS incumbent system will not
exceed that which would be expected in a four-degree spacing
environment. Hughes' proposal, as worded, would allow the second FSS
satellite to locate just beyond six degrees away (e.g., 6.05[deg]), an
orbital separation unlikely to remedy AT&T's aggregate interference
concerns. We adopt eight degrees rather than the six degrees proposed
by Hughes because we believe this orbital separation accurately
represents the maximum separation that would be applicable for two
transmitting satellites (FSS or 17/24 GHz BSS) in a four-degree spacing
environment so that our decision is consistent with the current rules
governing17/24 GHz BSS space stations proposing to locate at
separations of less than four degrees from one another. To implement
these rule changes, we will update Sec. Sec. 25.140(a), (b), and (d)
and 25.262.
Downlink Power Limits. The Commission has typically employed
downlink PFD limits for space stations transmissions to facilitate both
inter-service and intra-service sharing. Although the Commission's
current rules include PFD limits for 17/24 GHz BSS systems transmitting
in the 17.3-17.7 GHz band, the rules do not include PFD limits for FSS
space stations in the 17.3-17.7 GHz band. To remedy this, the 17 GHz
FSS NPRM proposed to apply regional PFD limits to 17.3-17.8 GHz FSS
space station transmissions, to harmonize them with those now
applicable to the 17/24 GHz BSS. The Commission proposed adopting
specific regional limits as follows:
(1) In the region of the contiguous United States, located east of
100[deg] West Longitude and including Alaska and Hawaii: -118 dBW/m\2\/
MHz; and
(2) In the region of the contiguous United States, located west of
100[deg] West Longitude: -121 dBW/m\2\/MHz.
Because the PFD limits contained in section 25.208 are generally
angle-dependent and largely intended to facilitate sharing between
space and terrestrial services, rather than amend this section to
include these new regional PFD requirements, the 17 GHz FSS NPRM
instead proposed to include them in Sec. 25.140(a)(3), which contains
rules to facilitate FSS intra-service operations in a two-degree
orbital spacing environment. Further, to improve the organizational
coherence of our part 25 rules, the 17GHz FSS NPRM also proposed to
likewise move the regional PFD limits for 17/24 GHz BSS space stations
now contained in Sec. 25.208(w) to Sec. 25.140(b)(3). As a
consequence of this move, the 17 GHz FSS NPRM also proposed conforming
updates to other paragraphs in Sec. 25.140(b)(3) and to rule sections
that currently refer to Sec. 25.208(w) including Sec. Sec.
25.114(d)(15)(i) and (ii), 25.140(b)(5), and 25.262(b)(1) and (2), (c),
and (d).
Commenters generally support the Commission's proposals to apply
regional PFD limits to transmitting FSS space stations. As discussed
above, AT&T states that in conjunction with the proposed orbital
spacing regimen, the proposed PFD limits would be too high in the
northeast and west regions. As discussed herein, we are modifying the
orbital spacing requirements, and these modifications should alleviate
AT&T's concerns with respect to aggregate interference and the proposed
regional PFD limits. Accordingly, we adopt the proposed modifications
to Sec. 25.140(a)(3) to include these regional PFD limits for
transmitting FSS space stations to adequately facilitate both inter-
service and intra-service sharing. In addition, no commenters object to
the Commission's proposal to move the analogous regional PFD limits
applicable to 17/24 GHz BSS systems in Sec. 25.208(w) to Sec.
25.140(b)(3) and we make this change to our rules along with the
associated conforming modifications.
Some commenters question whether the PFD limits in the 17.7-17.8
GHz band are sufficient to protect incumbent fixed service operations,
noting among other things that the (1) this PFD mask has not been
studied by the Commission since 1983; (2) the internationally adopted
PFD limits proposed herein assume that fixed service and FSS have equal
status in the band, but the GSO FSS service in the 17 GHz band would be
secondary to incumbent fixed operations (3) further detailed study is
required to understand the full extent of the issue, but at minimum the
Commission should take a similar protective measure to account for
aggregate interference as it did in the C-band proceeding and reduce
the PFD limit by 4 dB; and that (4) both the existing and proposed new
Sec. 25.140(b)(3) would permit a space station applicant to exceed the
regional PFD to protect satellite operations, so long as the applicant
coordinated with affected satellite operators, but without regard to
the impact on terrestrial operations. As discussed above, with the
modified orbital spacing requirements, the PFD limits we adopt herein
should be sufficient to protect all incumbent services and alleviate
aggregate interference concerns. We note that there is no evidence in
the record that the current PFD mask
[[Page 72393]]
applicable to these services need to be revised, nor has any evidence
been introduced that terrestrial services have experienced any
interference issues in either the 17.7-17.8 GHz band or adjacent 17.8-
18.3 GHz band, despite the fact that satellite and terrestrial services
have co-existed in this spectrum for years, using these PFD limits. We
note that although FSS allocation will be primary in the 17.3-17.8 GHz
band and subject to the adopted PFD limits to protect fixed services
from harmful interference, earth stations operating in the FSS (space-
to-Earth) in the 17.7-17.8 GHz band shall not claim protection from
stations in the fixed service that operate in that band. We also
clarify that although we allow an FSS space station to exceed the PFD
limits pursuant to Sec. 25.140(b)(3) vis-[agrave]-vis other space
stations, our adopted PFD limits will continue to apply vis-[agrave]-
vis fixed services in the 17.7-17.8 GHz band or adjacent 17.8-18.3 GHz
band.\8\
---------------------------------------------------------------------------
\8\ See, e.g., 47 CFR 25.208(c). The fixed service stations
would be protected from harmful interference from GSO FSS downlink
operations, given the existing PFD limits for GSO space stations in
Sec. 25.208(c) of the Commission rules. 47 CFR 25.208(c). These PFD
limits comport with established international standards for
preventing harmful interference to fixed service stations and are
applicable in the entire 17.7-19.7 GHz band.
---------------------------------------------------------------------------
Polarization and Full Frequency Re-Use Requirements. The 17 GHz FSS
NPRM proposed to amend Sec. 25.210(f) of our rules to include 17.3-
17.8 GHz in the list of specified frequencies in which FSS operators
are required to employ state-of-the-art full frequency reuse, either
through the use of orthogonal polarizations within the same beam and/or
the use of spatially independent beams. Commenters support this
proposal with no objections. Accordingly, we adopt this proposal.
Cross-Polarization Isolation Requirements. The 17 GHz FSS NPRM
proposed not to extend the cross-polarization requirements contained in
Sec. 25.210(i) to FSS space station antennas transmitting in the 17.3-
17.8 GHz band. The Commission sought comment on whether these
requirements might be obsolete in the current digital transmission
environment and could be eliminated for 17/24 GHz BSS space station
transmissions as well. The Satellite Companies and Hughes agree that
cross-polarization requirements are not necessary for downlinking FSS
space stations, and further agree that these requirements could be
eliminated for 17/24 GHz BSS transmissions as well, as they have become
obsolete in today's digital transmission environment. We received no
other comments on this issue. Accordingly, we will not extend these
requirements to FSS space stations downlinking in the 17.3-17.8 GHz
band, and we further eliminate the obsolete cross-polarization
isolation requirement for 17/24 GHz space stations in Sec. 25.210(i).
2. Measures To Mitigate Space Path Interference
In the 17.3-17.8 GHz reverse-band sharing environment, receiving
DBS space stations are vulnerable to space path interference \9\ from
nearby co-frequency 17/24 GHz BSS space station transmissions.\10\ To
mitigate space path interference into DBS receivers, the17 GHz FSS NPRM
proposed to apply to FSS space stations an approach similar to the one
now applicable to 17/24 GHz BSS space stations. As discussed in detail
below, we adopt these proposals. As discussed below, however, we are
not increasing the minimum orbital separation distance between FSS and
DBS space stations to 0.5 degrees. We also are not relaxing the angular
measurement range over which FSS applicants are required to submit off-
axis antenna gain data and associated PFD calculations. Rather, as
discussed below, we extend the requirements contained in Sec.
25.264(a) to FSS applicants. In addition, we amend Sec. 25.264(a)(4)
to require that measurements for both FSS and 17/24 GHz BSS
transmitting antennas be made only at a single frequency in the middle
of the band in which the applicant proposes to operate.
---------------------------------------------------------------------------
\9\ This type of interference may occur when the off-axis
downlinked signals from one space station are detected by the
receiving antenna of a nearby co-frequency space station. The
severity of space path interference will depend upon the transmitted
signal power level; the off-axis gain discrimination characteristics
of the transmitting and receiving antennas; and on the specific
orientation of, and separation between, the transmitting and
receiving antennas on both space stations. This latter factor in
turn depends upon various inter-dependent parameters including
longitudinal separation and the inclination and eccentricity of both
space station orbits. Management of space path interference is
typically more challenging when a receiving DBS space station is
located within a few tenths of a degree in orbital longitude from a
transmitting co-frequency space station.
\10\ Analogously, ground path interference arises between earth
stations when the off-axis transmissions in the Earth-to-space
direction of one service are received by a nearby co-frequency
receiving earth station in another service.
---------------------------------------------------------------------------
Off-Axis Power Flux Density Coordination Trigger. To avoid harmful
levels of space path interference into DBS space station antennas from
FSS transmissions, the 17 GHz FSS NPRM proposed modifications to Sec.
25.264(a) through (i) of our rules to extend the current PFD
coordination trigger of -117 dBW/m\2\/100 kHz to downlinking FSS space
stations in the 17.3-17.8 GHz band. Recognizing that current space
station design often employs multiple spot beams and may result in a
cumulative interference level at the DBS receiver, the Commission also
proposed to amend Sec. 25.264(b)(1) and (2) and (e) to require that
the PFD calculations at the DBS receiver from both 17/24 GHz BSS and
FSS consider the aggregate power flux density from all 17.3-17.8 GHz
transmitting beams on the adjacent space station.
All commenters supported our proposal to extend the current PFD
coordination trigger to downlinking FSS space stations and felt that it
was reasonable to require that the associated PFD calculations consider
the aggregate power flux density value. We adopt these proposals and
amend Sec. 25.264(b)(1) and (2) accordingly.
Requirements for Antenna Off-Axis Gain, Angular Measurement Ranges,
and Minimum Longitudinal Separation. The 17 GHz FSS NPRM proposed to
amend Sec. 25.264(g) of our rules to apply 0.5 degrees as the minimum
orbital longitude separation \11\ that transmitting FSS space stations
must maintain relative to DBS space stations, and to amend Sec.
25.264(a) to reflect the corresponding off-axis measurement angles,
i.e., <plus-minus>10 degrees in the X-Z plane and <plus-minus>20
degrees in planes rotated about the Z axis. The Commission proposed to
retain the current requirements for orbital inclination and
eccentricity and proposed to amend Sec. 25.264(h) to extend these
values to FSS space stations. Further, the Commission tentatively
concluded that this same change in the required minimum orbital
separation value and corresponding antenna measurement angles could be
extended to 17/24 GHz BSS space stations transmitting in the 17.3-17.8
GHz band and proposed to similarly amend Sec. 25.264(a) and (g) with
respect to 17/24 GHz BSS space stations.
---------------------------------------------------------------------------
\11\ The angular separation, in conjunction with limits on
certain orbital parameters of space stations in both the DBS and FSS
services, bounds the range over which FSS applicants or licensees
must provide off-axis angular gain and PFD data.
---------------------------------------------------------------------------
The majority of commenters oppose our proposal to increase the
minimum orbital separation distance between FSS and DBS space stations
to 0.5 degrees. The Satellite Companies urge us to adopt the 0.2 degree
minimum orbital separation requirement now applicable between 17/24 GHz
BSS and DBS space stations, arguing that a reduction in the angular
range over which measurements would be required does not justify
blocking significant portions of the
[[Page 72394]]
orbital arc near DBS locations, thereby impeding efficient use of
orbital resources. They argue further that while waivers of these
measurement angles may have proven problematic in the past, there is no
evidence that these difficulties persist today. The Satellite Companies
further state that allowing simulated measurement data would serve to
alleviate obstacles associated with providing data responsive to Sec.
25.264. Hughes argues that the 0.5 degree separation is overly
restrictive, placing too great a burden on an already crowded orbital
arc. Rather, Hughes proposes that to ensure the most efficient use of
the orbital arc we should adopt a minimum orbital separation of 0.2
degrees between downlinking FSS space stations and the nearest DBS
satellite. In contrast, AT&T supports our proposal to increase the
minimum separation distance to 0.5 degrees. It notes that although our
current rules permit separations as small as 0.2 degrees between 17/24
GHz BSS and DBS spacecraft, that no operator has sought to provide
service from such proximity. AT&T further argues that the marginal
increase in orbital separation distance will both reduce that angular
measurement range over which data is required but will also improve
overall on-orbit mission safety, including space path interference
risks.
We will not adopt the proposal to require a minimum orbital
separation of 0.5 degrees between downlinking FSS space stations and
DBS satellites. The primary reason for the proposal of this value was
to relieve FSS applicants from the angular range measurement
requirements, which had proven problematic in the past for some
applicants. In addition, the Commission believed it might enhance the
acceptability of simulated data, thereby further relieving applicants
from measured data requirements. The 0.2 degree value is the minimum
longitudinal separation requirement currently applicable in our rules
for 17/24 GHz BSS operators (who also downlink in the 17.3-17.7 GHz
band) relative to DBS satellites. In adopting that requirement, the
Commission determined that taking into account an east/west
stationkeeping tolerance of 0.05 degrees, a minimum 0.2 degree spacing
between the assigned locations of 17/24 GHz BSS and DBS space stations
was required to maintain a longitudinal separation of 0.1 degrees
between 17/24 GHz BSS and DBS space stations at all times. No space
stations in the DBS and BSS services have been placed so near each
other, and FSS operators, for whose benefit the Commission proposed the
0.5 degree separation requirement in this proceeding, clearly prefer
the flexibility associated with the narrower orbital spacing
requirement of 0.2 degrees. Thus, we consider it to be sufficient to
protect DBS receivers from space path interference when combined with
the appropriate PFD coordination trigger, orbital constraints, and
angular range measurement requirements for off-axis antenna gain. For
this reason, we are not relaxing the angular measurement range over
which FSS applicants are required to submit off-axis antenna gain data
and associated PFD calculations. Rather, we extend the requirements
contained in Sec. 25.264(a) for 17/24 GHz BSS operators to FSS
applicants. Specifically, measurements must be made over a range of
<plus-minus>30[deg] from the X axis in the X-Z plane, and over a range
of <plus-minus>60[deg] in planes rotated about the Z axis. All
commenters addressing the angular measurement range issue supported our
proposal to extend our current requirements for orbital inclination and
eccentricity to FSS space stations. We amend Sec. 25.264(h)
accordingly.
Measurement Frequencies. Our current rules require 17/24 GHz BSS
applicants to make off-axis angular measurements at a minimum of three
measurement frequencies determined with respect to the entire portion
of the 17.3-17.8 GHz band over which the space station is designed to
transmit. In the 17 GHz FSS NPRM, the Commission sought comment on
whether this requirement should be revised.
Both the Satellite Companies and Hughes assert that, to simplify
the information to be provided by both GSO FSS and 17/24 GHz BSS
operators, we should update Sec. 25.264(a)(4) and (5) to require
submission of gain data based only on a single mid-band frequency,
because gain values do not vary materially across the 17.3-17.8 GHz
band. No other commenters addressed this question. We agree that the
antenna gain typically varies little across the 17.3-17.8 GHz band and
that multiple measurement frequencies often result in large amounts of
repetitive information. Accordingly, we amend Sec. 25.264(a)(4) to
require that measurements for both FSS and 17/24 GHz BSS transmitting
antennas be made only at a single frequency in the middle of the band
in which the applicant proposes to operate. Recognizing however, that
instances may arise when additional measurement data may be warranted
(e.g., when the aggregate PFD is near the coordination trigger value),
we will also include a requirement that applicants must be prepared to
provide additional measurement information at 5 MHz above, and 5 MHz
below the band edge, upon request.
Measured vs. Simulated Off-Axis Antenna Gain Data. The 17 GHz FSS
NPRM sought comment on whether the Commission should modify the two-
part submission process to also accept simulated data in lieu of
measured data to allow operators to demonstrate compliance with the
requirements of Sec. 25.264. Specifically, the Commission asked what
requirements for simulated data would ensure accuracy of the required
calculations. The 17 GHz FSS NPRM sought comment on specific software
programs that should be required, input assumptions, conditions or
other parameters that we should specify, or information that we should
require applicants to include with their showing. The 17 GHz FSS NPRM
also asked how the use of simulated data might affect the current two-
part information submission process. The Commission recognized that
accepting simulated gain and PFD data could obviate a need to reduce
the angular ranges over which such measurements are made, while also
recognizing that adoption of an increased orbital separation between
space-to-Earth transmitting FSS or BSS and DBS space stations could
alleviate concerns associated with relying upon simulated off-axis gain
data.
Commenters offered differing opinions. Hughes encourages us to
permit the use of simulated data, arguing that simulated antenna
pattern data is routinely used in on-board satellite antenna design and
testing. It explains that predicted patterns are compared with measured
patterns in compact antenna test ranges with agreement well beyond 30
dB sidelobes, and that simulated patterns are often preferred over
measured data when the test range accuracy is in question as is often
the case with high frequency and large antennas. The Satellite
Companies similarly advocate for the use of simulated data, asserting
that permitting its use will address prior difficulties in supplying
the information mandated by this rule while still providing the
Commission and interested parties with the information needed to assess
compliance with relevant requirements.
In contrast, AT&T encourages us to continue to require operators to
submit actual, measured data and associated PFD calculations in
satisfaction of Sec. 25.264, and to extend these requirements to any
new GSO FSS service in the 17 GHz band. It argues that measured data is
invaluable in guarding against inaccuracies resulting from errors in
software simulations, and that relying only on simulations may
[[Page 72395]]
risk infidelities in the analysis or modelling to account for
scattering effects or other interactions between the antenna and
spacecraft structures. AT&T asserts that validation of first-stage
results through submission of actual measured data will increase
operator confidence in the predicted on-orbit performance. AT&T further
argues that there is no evidence to support the GSO FSS operators'
assertions that simulated data can provide ``the information needed to
assess compliance with relevant requirements.''
We modify our rules to require 17/24 GHz BSS and GSO FSS operators
to submit measured off-axis antenna gain data as part of the
information submission process, with certain exceptions allowing for
simulated data. Specifically, we will permit the use of simulated data
only in those instances where the 17/24 GHz BSS operator or GSO FSS
operator's space station will be located at an orbital separation of at
least one degree from a prior-filed or licensed U.S. DBS operator's
space station. Apart from providing increased flexibility for all
operators, a primary consideration in permitting GSO FSS use of the
band is to ensure that incumbent systems are adequately protected from
harmful interference. While permitting simulated data submission will
certainly provide greater flexibility to 17/24 GHz BSS and GSO FSS
applicants, the potential victim, (i.e., the DBS operator) is not fully
confident in its reliability. We believe however, that at orbital
separations greater than one degree from a DBS space station, the
potential for space path interference is negligible because of the
attenuation of potentially interfering off-axis emissions. Thus, over
the remaining portions of the orbital arc, we will permit applicants
the option to rely upon simulated off-axis antenna gain rather than
measured data to satisfy the requirements of Sec. 25.264.
In addition, we sought comment on the use of simulated data while
simultaneously proposing to require a minimum orbital separation of 0.5
degrees between DBS and transmitting GSO FSS space stations--a scenario
in which the potential for space path interference would be greatly
diminished. These rule changes were considered as a means to relieve
applicants of some of the measurement requirements which in the past
had proved difficult for 17/24 GHz operators. GSO FSS commenters,
however, assert that there is no evidence that these difficulties exist
today, and cite as an example the recently SES-17 application which
included off-axis gain measurements made over the full required range.
Accordingly, we believe that under this approach GSO FSS and 17/24 GHz
BSS operators will be able to make the full range of necessary
measurements when required by our rules but will have the added option
to rely upon simulated data in some instances. Moreover, by first
allowing use of simulated data in finite portions of the orbital arc,
we may better assess and develop confidence in its reliability in a
relatively low-risk scenario. We believe this approach represents the
best compromise between our competing goals of providing operator
flexibility and protecting incumbent services from harmful
interference, and we amend Sec. 25.264(c) accordingly.
Two-Part Data Submission Process. In the 17 GHz FSS NPRM, the
Commission proposed to amend Sec. 25.264(a) through (e) of our rules
to extend the two-part data submission process requirements \12\ to FSS
applicants proposing space-to-Earth transmissions in the 17.3-17.8 GHz
band. The Commission also sought comment on whether we should retain,
update, or modify any part of the process for 17/24 GHz BSS applicants.
Finally, to correct an existing uncertainty regarding the timing of the
PFD information submission, the Commission proposed to replace the
phrase ``within 60 days after completion of critical design review'' in
Sec. 25.264(a)(6) and (b)(4) with a requirement to submit information
``within two years after license grant'' in these rule sections.
---------------------------------------------------------------------------
\12\ The two-part submission process for antenna off-axis gain
data and associated PFD calculations demonstrates conformance with
the off-axis PFD coordination trigger. Under this approach at an
early stage in the process, operators submit predicted antenna off-
axis gain data and associated PFD calculations at any identified
victim (DBS) space station receiver. No later than two months prior
to launch this predicted data is confirmed by submission of measured
data and associated PFD calculations.
---------------------------------------------------------------------------
Commenters generally support the proposal to extend the two-part
data submission process to FSS systems in the 17.3-17.8 GHz band and
agree that redefining the deadline for first-phase (predicted)
information to be provided ``within two years after license grant''
instead of linking it to the critical design review is appropriate.
AT&T also supports extending the two-part data submission process to
GSO FSS applicants but recommends that the deadline for the second
(measured) data submission be moved forward from the current two months
prior to launch, to six months prior to launch. It argues that this
extension would afford DBS operators sufficient time to review the
information and seek remediation when necessary without disrupting
critical launch schedules.
We modify Sec. 25.264(a) through (e) to extend the two-part data
submission process to GSO FSS applicants in the 17.3-17.8 GHz band. As
part of this modification, we replace the phrase ``within 60 days after
completion of critical design review in Sec. 25.264(a)(6) and (b)(4)
with a phrase requiring submission of predicted data ``within two years
after license grant.'' We are not adopting AT&T's recommendation that
we move the deadline for submission for the second phase information
from two to six months prior to launch because, based on our
experience, we are not convinced that a full six months is required to
evaluate the data presented at this stage. Moreover, operators who are
concerned about delays to their launch schedules may always submit the
measured data in advance of the two-month deadline. The two-month
deadline was adopted by amending Sec. 25.264(c) and (d) in the Part 25
Second Report and Order (R&O) (81 FR 55316 (Aug. 18, 2016)), moving it
closer to the launch date to allow licensees to measure an antenna's
off-axis gain after it has been integrated with the satellite bus.
There is no supporting evidence in the record that this previously
adopted timeline is no longer appropriate. Accordingly, we decline to
modify the existing timeline and find that keeping the two-month prior
to launch deadline for the second phase information submission would
continue to serve the public interest.
3. Measures To Mitigate Ground Path Interference and Earth Station
Operations
To protect 17.3-17.8 GHz band receiving FSS earth stations from
ground path interference arising from the Earth-to-space transmissions
from nearby co-frequency DBS feeder link earth stations, the Commission
proposed in the 17 GHz FSS NPRM to apply generally to receiving FSS
earth stations the same coordination approach the Commission uses to
facilitate operations between DBS and 17/24 GHz BSS earth stations.
Specifically, the Commission proposed to amend Sec. 25.203 of our
rules to apply the coordination approach contained in paragraph (m) to
FSS earth stations in the entire 17.3-17.8 GHz band, although in the
17.7-17.8 GHz band such earth stations would not be entitled to
protection from fixed service stations. The Commission sought comment
on modifications to the parameters used with the ITU Radio Regulations
Appendix 7 coordination methodology
[[Page 72396]]
to account for differences between the receiving antennas employed in
the two services.
Commenters supported our proposal to apply generally the same
coordination approach contained in Sec. 25.203(m) of our rules, and
used to facilitate operations between DBS and 17/24 GHz BSS earth
stations, to coordination with receiving FSS earth stations.
Accordingly, we modify this rule section to extend this approach to FSS
earth station coordination, as discussed further below.
Upgrades and Modifications to Grandfathered DBS Facilities. The
Commission proposed in the 17 GHz FSS NPRM proposed to retain the
grandfathered status for existing DBS feeder link earth stations
relative to FSS receiving earth stations, and to apply relative to the
FSS the same criteria for permitting DBS operators to modify or add
antennas to their existing networks that apply with respect to 17/24
GHz BSS. Commenters who addressed this issue all agreed with the
proposed approach, although Hughes stresses that grandfathered status
should apply only to existing and specific modifications to DBS earth
stations. Hughes' comments are consistent with the Commission's
proposal. Based on the record we adopt the Commission's proposal and
retain the grandfathered status for existing DBS feeder link earth
stations relative to FSS receiving earth stations, and apply relative
to the FSS the same criteria for permitting DBS operators to modify or
add antennas to their existing networks.
Coordination between DBS and FSS Receiving Earth Stations. The
Commission's rules include a coordination methodology to permit
licensing of new DBS feeder link earth stations in the 17.3-17.8 GHz
band while protecting co-frequency receiving 17/24 GHz BSS earth
stations in the 17.3-17.7 GHz band. This rule requires a DBS operator
with a new or modified earth station to complete frequency coordination
with existing and planned 17/24 GHz BSS receive earth stations within
an established coordination zone around its proposed site using the
methodology outlined in Appendix 7 of the ITU Radio Regulations.
Recognizing that the specific parameter values to be used in
determining this coordination zone were based upon some characteristics
specific to BSS receiving earth stations, the Commission proposed in
the 17 GHz FSS NPRM to modify Sec. 25.203(m)(1) to include new values
for use in determining the coordination zone for DBS feeder link earth
stations relative to FSS earth stations. The Commission sought comment
on this decision and, in particular, on what these values should be.
Commenters generally agree that the existing coordination
methodology specified in Sec. 25.203(m)(1) of our rules to facilitate
coordination between DBS feeder uplink stations and 17/24 GHz BSS earth
stations should be extended to FSS earth stations. FSS satellite
operators also agree that some parameters in the table in this section
need to be modified for use in calculating the coordination zone for
use with FSS earth stations, as the current parameters are specific to
17/24 GHz BSS receiving earth stations. To update Sec. 25.203(m)(1),
satellite operators also provide proposed FSS-specific parameters,
which they state were calculated using ITU reference documents,
although they are not specific as to which documents or methodology
were used to derive these parameters.
In contrast, AT&T advocates that ``to reduce the burden on
incumbents'' Sec. 25.203(m) should be modified using the same
parameters applicable to coordination with 17/24 GHz earth stations.
We adopt the proposal to extend the ITU Radio Regulations Appendix
7 coordination methodology currently in our rules to FSS earth
stations, but with amended parameters. We do not agree with AT&T's
assertion that performing this calculation with different parameters
will be significantly burdensome to DBS operators. As noted in the 17
GHz FSS NPRM, the current parameters used in the coordination zone
calculation were derived specifically with BSS receiving earth stations
in mind and are not appropriate for coordination with FSS earth
stations because of differences between FSS and BSS receiving earth
stations, including in the abilities of the respective earth station
antennas to reject unwanted or interfering signals. In fact, some
parameters applicable to BSS receiving earth stations in the existing
table have no function in calculations involving FSS receiving earth
stations. AT&T's objection may rest with the need to make a different
calculation depending upon the type of earth station with which
coordination may be required, rather than with the actual proposed FSS-
specific parameters themselves. We determine, however, that in order to
yield an effective coordination outcome, to facilitate the most
efficient and effective use of the spectrum, the receiving earth
station interference parameters used in the underlying calculations
must also be specific to FSS. Accordingly, we adopt the modified
parameters specified above, filed in the record as FSS-specific
parameters.
Section 25.203(m)(2) identifies specific information that DBS
applicants proposing new feeder link earth station must provide to a
third-party coordinator prior to licensing to resolve any potential
interference issues with affected receiving earth stations. The
Commission proposed in the 17 GHz FSS NPRM to apply this rule to
coordination with FSS earth stations with no additional changes to the
requested information. Commenters addressing this issue all support
this approach, and we extend these information requirements to
coordination with FSS receiving earth stations without changes.
Because receive-only earth stations are not required to apply for
licenses nor to be registered with the Commission, the 17 GHz FSS NPRM
sought comment on how to facilitate coordination with DBS operators and
to ensure protection from DBS feeder link earth station ground path
interference. The Commission proposed that interference protection be
afforded to individual FSS receiving earth stations from DBS feeder
link transmissions only if they have been licensed with the Commission,
and to amend Sec. 25.203(m)(3) of our rules to reflect this
requirement. We further proposed, however, to allow blanket-licensed
FSS earth stations on an unprotected basis in the 17.3-17.8 GHz band
and proposed to amend Sec. 25.115(e) to reflect this.
Commenters expressed differing opinions regarding the types of FSS
earth stations that should be permitted to operate in the band, and the
extent of protection that they should be afforded. Viasat urges the
Commission to protect blanket-licensed earth stations in the band
consistent with Sec. 25.209(c), arguing that there is no reason to
treat individually or blanket-licensed earth stations differently.
Viasat argues that protecting such earth stations would pose no threat
to incumbent services, would ``facilitate the ability of operators to
utilize the 17.3-17.8 GHz band to support user terminals,'' and would
encourage intensive use of the band. The Satellite Companies support
our proposal to afford interference protection only to licensed FSS
receiving earth stations, asserting that this approach will ensure that
DBS feeder link operators have access to the information regarding the
FSS earth station sites that require protection.
We adopt the proposals to extend interference protection only to
individually-licensed FSS receiving earth stations in the 17.3-17.8 GHz
band. We disagree with Viasat's
[[Page 72397]]
assertion that we should extend interference protection to blanket-
licensed earth stations. By definition, a blanket earth station license
can encompass multiple stations that may be operated anywhere within a
geographic area, and as such are not amenable to the reverse-band
coordination process outlined in Sec. 25.203(m) of our rules. While we
agree with Viasat that blanket-licensed receive-only earth stations may
pose no interference threat to incumbent operators, the lack of precise
location coordinates precludes the ability to protect them from ground
path interference from DBS feeder link earth stations through the
coordination process. Although we are limiting interference protection
to individually licensed earth stations, consistent with our approach
in other frequency bands we will not further restrict such licenses by
function (e.g., gateways or feeder links).
Blanket-Licensed Earth Stations and Earth Stations in Motion
(ESIMs). As mentioned above, the Commission also proposed to amend
Sec. 25.115(e) of the rules to facilitate blanket-licensed FSS earth
stations other than ESIMs to operate on an unprotected basis in the
17.3-17.8 GHz band. In addition, the Commission sought comment on
whether operation of ESIMs in the 17.3-17.8 GHz band could increase FSS
operators' flexibility to use the band more efficiently and what
modifications to our rules might be required to permit operation of
ESIMs while protecting incumbent services.
Commenters expressed differing opinions on these issues. AT&T
believes that FSS downlink operations should be limited to
individually-licensed, gateway-type earth stations, whose precise
locations are known and whose typically large-diameter antennas
facilitate coordination. AT&T does not support allowing blanket-
licensed earth stations prior to the completion of ITU WRC-23 studies.
AT&T argues that permitting a service that could receive interference
on a regular basis could result in substandard service, contrary to the
public interest. CTIA focuses its objections on the 17.7-17.8 GHz band,
where it opposes allowing FSS receiving earth stations generally, and
more specifically opposes blanket-licensed earth stations, arguing that
it would unnecessarily hamper future increased terrestrial use.
Specifically, CTIA asserts that it is difficult to get accurate
information on the location of blanket-licensed earth stations, which
could make reallocation of spectrum difficult in the future. CTIA also
argues that, should the Commission wish to make the 17 GHz band
available for increased terrestrial use in the future, giving priority
to the fixed service via footnote would not address any future mobile
service operations.
In contrast, the Satellite Companies support our proposal to allow
blanket-licensed earth stations to operate on an unprotected basis in
the band, and refer to other commenter's objections as ``baseless''
because any interference would affect only FSS providers. The Satellite
Companies refute CTIA's argument that the Commission should restrict
use of the 17.7-17.8 GHz band segment today in case there is a future
desire to introduce terrestrial mobile service in the band, claiming it
directly conflicts with the Commission's commitments to meeting demand
for additional satellite spectrum and promoting efficient use of the 17
GHz band. Hughes supports permitting GSO FSS downlink operations to
earth stations, including blanket-licensed earth stations and ESIMs,
provided they do not cause interference to incumbent services. Viasat
claims that CTIA's objections are based upon ill-defined concerns that
future mobile operations would be impeded, noting that no part of the
17.3-17.8 GHz band is allocated to the mobile service in the United
States, nor has the Commission proposed such an allocation.
Commenters also express very differing opinions on operations of
ESIMs in the 17.3-17.8 GHz band. AT&T and CTIA oppose permitting ESIMs
in the band, consistent with their rationale for opposing blanket
licensed earth stations more generally. CTIA further argues that ESIM
operation presents a coexistence challenge different from fixed FSS
earth stations, and that such operations would be incompatible with any
future mobile operations in the 17.7-17.8 GHz band. It claims that
comprehensive studies are needed to evaluate if spectrum could be
shared without risking harmful interference to incumbent services, and
it urges the Commission to prohibit ESIM operations in the band, both
to protect critical incumbent uses and to preserve flexibility in the
band for any future increased terrestrial use.
Hughes, The Satellite Companies, and Viasat all urge the Commission
to permit ESIMs operations in the 17.3-17.8 GHz band. The Satellite
Companies claim that there is no reason to limit FSS operators'
flexibility, given that ESIMs pose no interference risk to incumbent
services and place no constraints upon such services if they are not
entitled to protection. Viasat similarly argues that permitting ESIM
operations would pose no interference threat to incumbent services and
would allow the band to be used more productively in the public
interest. Hughes claims that ESIM receiving earth stations can be
accommodated in the 17.3-17.8 GHz band without interference protections
and argues that there is no need to limit FSS network flexibility in
determining how to operate in the 17 GHz band, particularly as DBS site
locations are well known and receiving ESIM stations pose no
interference threat themselves to other users. Viasat rejects CTIA's
assertion that ESIMs present a different coexistence challenge from
other FSS receiving earth stations, or that they would further
complicate an already complex sharing situation, as AT&T has argued.
Viasat further argues that sharing studies are not needed as a
prerequisite to allowing receiving ESIM operations. As with blanket-
licensed earth stations generally, Viasat urges the Commission to
extend full interference protection to ESIM earth stations.
We will adopt the proposals to facilitate authorization of blanket-
licensed earth stations and ESIMs to operate in the 17.3-17.8 GHz band
on an unprotected basis. As stated above, such (receiving) stations
pose no interference threat to other services, nor will they place any
undue coordination burden on incumbent operators if operating on an
unprotected basis. AT&T states that a ``service that could potentially
be interfered into on a regular basis, resulting in a substandard
service, would be contrary to the public interest.'' Given the well-
established locations of DBS feeder uplink and the ability to design
satellite networks to avoid interfering signals and switch operations
to other available frequencies, we believe that FSS earth station
operators can avoid subjecting their operations to regular unwanted
interference. Thus, we see no justification to prohibit blanket-
licensed earth stations or ESIMs and limit FSS operators' flexibility
in designing their networks, or a need to delay our decision as AT&T
and CTIA suggest. We find that it would serve the public interest to
allow blanket-licensed earth stations and ESIMs in the band, subject to
conditions discussed herein, including that operations are on an
unprotected basis, to increase FSS operators' flexibility to use the
band more efficiently for provisioning of advanced satellite services
for the benefit of American consumers.
We reject CTIA's concerns about future terrestrial use as
speculative. There is no allocation of any part of the 17.3-17.8 GHz
band to the mobile service in the United States, nor is there
[[Page 72398]]
currently any plan, a proceeding or proposal before us to make such an
allocation. Based on the record, allowing blanket-licensed earth
stations or ESIMs in the band would be consistent with sound spectrum
policy principles increasing efficient and effective use of the
spectrum without causing harmful interreference to incumbent users
today. With respect to any potential for harmful interference from FSS
(space-to-Earth) operations to fixed service operations, we find that
the risk is minimal, and the technical standards adopted herein to
prevent harmful interference to other services, including the fixed
service, are sufficient to protect those services irrespective of
whether or not we permit blanket-licensed earth stations or ESIMs in
the band. Accordingly, we modify our rules to facilitate authorization
of blanket-licensed receiving earth stations as well as FSS ESIMs in
the 17.3-17.8 GHz band on an unprotected basis. There is nothing in the
record to demonstrate that receiving ESIM earth stations could pose
interference threat to incumbent users in the band. Accordingly, we do
not believe that completion of ITU sharing and feasibility studies for
receiving ESIMs are needed before we allow receiving ESIMs in the band
on an unprotected basis, as AT&T appears to suggest. Moreover, because
ESIMs will not be afforded interference protection, they should not
increase the coordination burden on incumbent users in the band either.
As with other types of blanket-licensed earth stations however, ESIMs
operations will only be allowed on an unprotected basis with respect to
DBS feeder link operations as well as terrestrial operations in the
17.7-17.8 GHz band. Accordingly, we amend Sec. 25.202 and footnote
NG527A to streamline authorization of receiving ESIM earth stations on
an unprotected basis in the 17.3-17.8 GHz band.
4. Other Proposed Rule Changes
The Commission proposed various conforming modifications to our
rules that are required as a result of the changes proposed above.
Specifically, the Commission proposed to modify the definition of a
two-degree compliant space station in Sec. 25.103 to include FSS
satellites transmitting in the 17.3-17.8 GHz band. In addition, the
Commission proposed to modify Sec. 25.114 to identify 17.3-17.8 GHz
space-to-Earth FSS applicants alongside information requirements
applicable to such applications, specifically in Sec. 25.114(d)(7),
(15), and (18). Similarly, the 17 GHz FSS NPRM proposed to modify Sec.
25.115(e) to identify the information required for receiving earth
station applicants in this band. Finally, the Commission proposed to
modify Sec. 25.117(d)(2)(v) to permit 17.3-17.8 GHz FSS operators to
modify certain restrictions that might be associated with their
licenses according to the same procedures afforded to 17/24 GHz BSS
operators. No commenters opposed these proposed conforming
modifications, and we adopt them.
Radio Astronomy. The Commission sought comment on whether there was
a need for any additional measures that the Commission should consider
with respect to radio astronomy in the adjacent 17.2-17.3 GHz band. No
commenter proposed any new rule or changes to our existing rules. The
Satellite Companies stated that no new rules were necessary, noting
that there were no concerns regarding adverse effects to radio
astronomy from the 17/24 GHz downlink transmissions already using the
band which are functionally equivalent to FSS downlinks. Accordingly,
we find that no rule change is necessary with respect to Radio
Astronomy.
C. Defining the Extended Ka-Band and Creating Rules for Routine License
Application Processing in This Band
In the 17 GHz FSS NPRM, the Commission proposed adding a definition
for the extended Ka-band in section 25.103. Specifically, the 17 GHz
FSS NPRM proposed to define the extended Ka-band as 17.3-18.3 GHz
(space-to-Earth), 18.8-19.4 GHz (space-to-Earth), 19.6-19.7 GHz (space-
to-Earth), 27.5-28.35 GHz (Earth-to-space) and 28.6-29.1 GHz, (Earth-
to-space). The Commission also proposed two approaches to facilitate
routine licensing of extended Ka-band earth stations communicating with
GSO FSS space stations to streamline and harmonize extended Ka-band
earth station licensing with licensing in other FSS bands. The first
proposal was to extend the routine license off-axis EIRP density limits
for conventional Ka-band earth stations contained in Sec. 25.218(i) to
extended Ka-band earth stations. The second proposal was to extend an
alternative approach to routine licensing now contained in Sec.
25.212(e) to extended Ka-band earth stations. To implement this
alternative approach the 17 GHz FSS NPRM proposed modifying Sec.
25.212(e) and (h) to permit such applicants to similarly demonstrate
compliance with the off-axis gain requirements in Sec. 25.209(a) and
(b) combined with an input power density limit of 3.5 dBW/MHz. In the
17 GHz FSS NPRM, the Commission also proposed modifications to Sec.
25.209(a) and (b) to extend the Ka-band off-axis antenna gain
requirements across the full 27.5-30 GHz band, and to reference these
alternative routine license application processing requirements in
Sec. Sec. 25.115(g) and (k) and 25.220(a).
Most commenters supported these proposals, arguing that they would
facilitate streamlined licensing of extended Ka-band FSS earth
stations. We add a definition of extended Ka-band and adopt the rule
changes proposed in the 17 GHz FSS NPRM to facilitate streamlined earth
station licensing in the extended Ka-band similar to licensing in other
FSS bands. CTIA argues, however, that the proposed rules lack clarity,
and because the Commission has not adequately considered the downstream
consequences or explained any impact on affected stakeholders, we
should provide further explanation and opportunity for comment before
adopting them. CTIA questions in particular what filing requirements in
lieu of Sec. 25.220 would apply, or whether these earth stations might
be newly eligible for autogrant under Sec. 25.115(a)(3).
We note that the uplink power levels in question are defined at the
geostationary orbit and are intended to obviate the need for
coordination between co-frequency GSO FSS space station operations in a
two-degree spacing environment. Lacking any extended Ka-band uplink
off-axis power limits in our current rules with which to demonstrate
conformance--and which our rules currently define for GSO earth station
applicants in most other FSS bands--extended Ka-band earth station
applicants have no choice but to make the more burdensome off-axis EIRP
density showings relative to the geostationary arc, as defined in Sec.
25.115(g)(1).
Under our current rules, extended Ka-band transmitting earth
station applications in bands shared with terrestrial services (i.e.,
27.5-28.35 GHz) must be filed on FCC Form 312, Main Form, and Schedule
B. Filing requirements include any relevant information required by
paragraphs (a)(5) through (10) or paragraph (g) or (j) of Sec. 25.115.
Although we are not changing this, we adopt the Commission's proposals
in the 17 GHz NPRM to allow conforming extended Ka-band applicants to
file in accordance with the requirements of Sec. 25.115(g)(1), instead
of paragraph (g)(2). CTIA erroneously suggests that extended Ka-band
earth station applicants should comply with the requirements of Sec.
25.220. This rule currently applies to the conventional Ka-band, but
not the
[[Page 72399]]
extended Ka-band. We also adopt the proposals in the 17 GHz FSS NPRM,
to apply the process in Sec. 25.220 if extended Ka-band applicants do
not conform to the uplink off-axis power limits adopted herein. With
regard to an autogrant procedure in Sec. 25.115(a)(3), to be eligible,
earth stations must meet the criteria specified in Sec. 25.115(a)(2),
which among other things list specific qualifying frequency bands. The
extended Ka-band frequency ranges are not included in this list, nor
has the Commission proposed any modification to add them. Accordingly,
extended Ka-band applicants are not eligible for that procedure.
We believe that CTIA's concerns may stem from an erroneous
assumption that the uplink power limits adopted herein and the
associated routine processing would somehow permit FSS earth station
applicants in the extended Ka-bands to bypass other existing Commission
rules. In particular, in the 27.5-28.35 GHz extended Ka-band segment,
transmitting FSS earth stations will be sharing the band with Upper
Microwave Flexible Use Service (UMFUS) stations, and the requirements
of Sec. 25.136(a) for FSS earth stations seeking to operate in this
band include a requirement to coordinate, when warranted, in accordance
with the procedures of Sec. Sec. 25.136(a) and 101.103(d).\13\ We make
clear that as defined in our rules, routine licensing requires
qualifying applications to be consistent with all Commission rules, and
will continue to include all requirements contained in Sec. 25.136(a)
for earth station applicants in the 27.5-28.35 GHz band. Accordingly,
we can envision no adverse effect on terrestrial Ka-band stakeholders
with these rule changes. These rule changes will streamline and
harmonize extended Ka-band earth station licensing with licensing in
other FSS bands. Accordingly, we find that it would serve the public
interest to adopt the conforming and streamlining changes proposed in
the 17 GHz FSS NPRM.
---------------------------------------------------------------------------
\13\ This latter section requires that coordination
notifications include relevant technical details of the proposal. At
minimum, this should include, as applicable, the following:
Applicant's name and address; Transmitting station name;
Transmitting station coordinates; Frequencies and polarizations to
be added, changed or deleted; Transmitting equipment type, its
stability, actual output power, emission designator, and type of
modulation(s) (loading); An indication if modulations lower than the
values listed in the table to Sec. 101.141(a)(3) of the
Commission's rules will be used; Transmitting antenna type(s),
model, gain and, if required, a radiation pattern provided or
certified by the manufacturer; Transmitting antenna center line
height(s) above ground level and ground elevation above mean sea
level; Receiving station name; Receiving station coordinates;
Receiving antenna type(s), model, gain, and, if required, a
radiation pattern provided or certified by the manufacturer;
Receiving antenna center line height(s) above ground level and
ground elevation above mean sea level; Path azimuth and distance;
Estimated transmitter transmission line loss expressed in dB;
Estimated receiver transmission line loss expressed in dB.
---------------------------------------------------------------------------
Procedural Matters
Final Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA),\14\ an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in Amendment of Parts 2 and 25 of the Commission's Rules
to Enable GSO Fixed-Satellite Service (Space-to-Earth) Operations in
the 17.3-17.8 GHz Band, to Modernize Certain Rules Applicable to 17/24
GHz BSS Space Stations, and to Establish Off-Axis Uplink Power Limits
for Extended Ka-Band FSS Operations, Notice of Proposed Rulemaking (86
FR 7660 (Feb. 1, 2021)). The Commission sought written public comment
on the proposals in the NPRM, including comment on the IRFA. No
comments were received on the IRFA. This present Final Regulatory
Flexibility Analysis (FRFA) conforms to the RFA.\15\
---------------------------------------------------------------------------
\14\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-12, has been
amended by the Small Business Regulatory Enforcement Fairness Act of
1996, Public Law 104-121, Title II, 110 Stat. 857 (1996).
\15\ See 5 U.S.C. 604.
---------------------------------------------------------------------------
A. Need for, and Objectives of, the Final Rule
This final rule creates a new allocation for the fixed-satellite
service (FSS) (space-to-Earth) in the 17.3-17.8 GHz frequency band,
adopts technical rules for the use of this band by GSO FSS satellites
and for sharing the band between satellites of different satellite
services and stations in the terrestrial fixed service, and defines the
``extended Ka-band'' and adopts rules to harmonize extended Ka-band
licensing with licensing in other FSS bands.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
There were no comments filed that specifically addressed the rules
and policies proposed in the IRFA.
C. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
Pursuant to the Small Business Jobs Act of 2010, which amended the
RFA, the Commission is required to respond to any comments filed by the
Chief Counsel for Advocacy of the Small Business Administration (SBA),
and to provide a detailed statement of any change made to the proposed
rules as a result of those comments.\16\ The Chief Counsel did not file
any comments in response to the proposed rules in this proceeding.
---------------------------------------------------------------------------
\16\ 5 U.S.C. 604(a)(3).
---------------------------------------------------------------------------
D. Description and Estimate of the Number of Small Entities to Which
Rules Will 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 the rules adopted herein.\17\ The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' \18\ In addition, the term ``small business'' has the
same meaning as the term ``small business concern'' under the Small
Business Act.\19\ 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).\20\ Below, we describe and
estimate the number of small entities that may be affected by adoption
of the final rules.
---------------------------------------------------------------------------
\17\ Id.
\18\ 5 U.S.C. 601(6).
\19\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small-business concern'' in the Small Business Act, 15 U.S.C.
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a
small business applies ``unless an agency, after consultation with
the Office of Advocacy of the Small Business Administration and
after opportunity for public comment, establishes one or more
definitions of such term which are appropriate to the activities of
the agency and publishes such definition(s) in the Federal
Register.''
\20\ 15 U.S.C. 632.
---------------------------------------------------------------------------
Satellite Telecommunications. This industry 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.'' \21\ Satellite
telecommunications service providers include satellite and earth
station operators. The SBA small business size standard for this
industry classifies a business with $35 million or less in annual
receipts as small.\22\ U.S. Census Bureau data for 2017 show that 275
firms in this industry operated for the entire year.\23\ Of this
number, 242 firms
[[Page 72400]]
had revenue of less than $25 million.\24\ Additionally, based on
Commission data in the 2021 Universal Service Monitoring Report, as of
December 31, 2020, there were 71 providers that reported they were
engaged in the provision of satellite telecommunications services.\25\
Of these providers, the Commission estimates that approximately 48
providers have 1,500 or fewer employees.\26\ Consequently using the
SBA's small business size standard, a little more than half of these
providers can be considered small entities.
---------------------------------------------------------------------------
\21\ See U.S. Census Bureau, 2017 NAICS Definition, ``517410
Satellite Telecommunications,'' <a href="https://www.census.gov/naics/?input=517410&year=2017&details=517410">https://www.census.gov/naics/?input=517410&year=2017&details=517410</a>.
\22\ See 13 CFR 121.201, NAICS Code 517410.
\23\ See U.S. Census Bureau, 2017 Economic Census of the United
States, Selected Sectors: Sales, Value of Shipments, or Revenue Size
of Firms for the U.S.: 2017, Table ID: EC1700SIZEREVFIRM, NAICS Code
517410, <a href="https://data.census.gov/cedsci/table?y=2017&n=517410&tid=ECNSIZE2017.EC1700SIZEREVFIRM&hidePreview=false">https://data.census.gov/cedsci/table?y=2017&n=517410&tid=ECNSIZE2017.EC1700SIZEREVFIRM&hidePreview=false</a>.
\24\ Id. The available U.S. Census Bureau data does not provide
a more precise estimate of the number of firms that meet the SBA
size standard. We also note that according to the U.S. Census Bureau
glossary, the terms receipts and revenues are used interchangeably,
see <a href="https://www.census.gov/glossary/#term_ReceiptsRevenueServices">https://www.census.gov/glossary/#term_ReceiptsRevenueServices</a>.
\25\ Federal-State Joint Board on Universal Service, Universal
Service Monitoring Report at 26, Table 1.12 (2021), <a href="https://docs.fcc.gov/pubId.lic/attachments/DOC-379181A1.pdf">https://docs.fcc.gov/pubId.lic/attachments/DOC-379181A1.pdf</a>.
\26\ Id.
---------------------------------------------------------------------------
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.\27\ 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.\28\ Establishments providing internet services or voice over
internet protocol (VoIP) services via client-supplied
telecommunications connections are also included in this industry.\29\
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.\30\ For this category, U.S. Census
Bureau data for 2012 show that there were 1,442 firms that operated for
the entire year.\31\ 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.\32\ Thus, the Commission estimates that the
majority of ``All Other Telecommunications'' firms potentially affected
by our action can be considered small.
---------------------------------------------------------------------------
\27\ See U.S. Census Bureau, 2017 NAICS Definition, ``517919 All
Other Telecommunications'', <a href="https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=517919&search=2017+NAICS+Search&search=2017">https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=517919&search=2017+NAICS+Search&search=2017</a>.
\28\ Id.
\29\ Id.
\30\ See 13 CFR 121.201, NAICS Code 517919.
\31\ See U.S. Census Bureau, 2012 Economic Census of the United
States, Table ID: EC1251SSSZ4, Information: Subject Series--Estab
and Firm Size: Receipts Size of Firms for the U.S.: 2012, NAICS Code
517919, <a href="https://data.census.gov/cedsci/table?text=EC1251SSSZ4&n=517919&tid=ECNSIZE2012.EC1251SSSZ4&hidePreview=false">https://data.census.gov/cedsci/table?text=EC1251SSSZ4&n=517919&tid=ECNSIZE2012.EC1251SSSZ4&hidePreview=false</a>.
\32\ Id. The available U.S. Census Bureau data does not provide
a more precise estimate of the number of firms that meet the SBA
size standard of annual receipts of $35 million or less.
---------------------------------------------------------------------------
E. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements for Small Entities
This final rule adopts several rule changes that would affect
compliance requirements for space station and earth station operators.
For example, this final rule adopts rules for operations by space
station FSS operators in the 17.3-17.8 GHz band, including revisions to
some existing technical requirements that would now apply to these FSS
operations. This final rule also adopts changes that would affect earth
station operator licensing. The Commission adopts changes to harmonize
extended Ka-band earth station licensing with licensing in other FSS
bands. In total, the actions in this final rule 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.
F. Steps Taken To Minimize the Significant Economic Impact on Small
Entities and Significant Alternatives Considered
The RFA requires an agency to describe any significant alternatives
that it has considered in developing its 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 rule 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.\33\
---------------------------------------------------------------------------
\33\ 5 U.S.C. 603(c)(1)-(4).
---------------------------------------------------------------------------
In this final rule, the Commission considered whether and how to
apply various technical rules to enable GSO FSS operations to share the
17.3-17.8 GHz band with other services in an efficient and effective
manner. This include consideration, for example, of power levels,
orbital spacing, and other technical considerations, and what
information the Commission may need to assess compliance with technical
requirements, taking into consideration potential impact on the
applicant or operator. As one example, the Commission declines to
require submission of certain measured data six months before satellite
launch, instead requiring the data submission only two months prior to
launch. As another example, the Commission considered whether to
streamline certain earth station application rules to enable more
routine processing of applications for the extended Ka-band. Overall,
the actions in this document will reduce burdens on the affected
licensees, including small entities.
G. Report to Congress
The Commission will send a copy of the Report and Order, including
the FRFA, in a report to be sent to Congress pursuant to the
Congressional Review Act.\34\ In addition, the Commission will send a
copy of the Report and Order, including the FRFA, to the Chief Counsel
for Advocacy of the SBA. A copy of the Report and Order and FRFA (or
summaries thereof) will also be published in the Federal Register.\35\
---------------------------------------------------------------------------
\34\ 5 U.S.C. 801(a)(1)(A).
\35\ See 5 U.S.C. 604(b).
---------------------------------------------------------------------------
Ordering Clauses
Accordingly, It is ordered that, pursuant to Sections 4(i), 7(a),
303(c), 303(f), 303(g), and 303(r) of the Communications Act of 1934,
as amended, 47 U.S.C. 154(i), 157(a), 303(c), 303(f), 303(g), 303(r),
the Report and Order is hereby adopted.
It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center will send a
copy of the Report and Order, 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.
List of Subjects
47 CFR Part 2
Radio, Table of Frequency Allocations.
47 CFR Part 25
Administrative practice and procedure, Earth stations, Satellites.
[[Page 72401]]
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 2 and 25 as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
2. Section 2.106, the Table of Frequency Allocations, is amended as
follows:
0
a. Revise page 52;
0
b. In the list of United States (US) Footnotes, remove footnote US271
and revise footnote US402; and
0
c. In the list of Non-Federal Government (NG) Footnotes, add footnote
NG58, remove footnote NG163, and revise footnote NG527A.
The additions and revisions read as follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
BILLING CODE 6712-01-P
[[Page 72402]]
[GRAPHIC] [TIFF OMITTED] TR25NO22.050
[[Page 72403]]
BILLING CODE 6712-01-C
* * * * *
United States (US) Footnotes
* * * * *
US402 In the band 17.3-17.7 GHz, existing Federal satellites and
associated earth stations in the fixed-satellite service (Earth-to-
space) are authorized to operate on a primary basis in the frequency
bands and areas listed below. Non-Federal receiving earth stations in
the broadcasting-satellite and fixed-satellite services within the
bands and areas listed below shall not claim protection from Federal
earth stations in the fixed-satellite service.
(a) 17.600-17.700 GHz for stations within a 120 km radius of
38[deg]49' N latitude and 76[deg]52' W longitude.
(b) 17.375-17.475 GHz for stations within a 160 km radius of
39[deg]42' N latitude and 104[deg]45' W longitude.
* * * * *
Non-Federal Government (NG) Footnotes
* * * * *
NG58 In the band 17.3-17.8 GHz, the following provisions shall
apply to the broadcasting-satellite, fixed, and fixed-satellite
services:
(a) The use of the band 17.3-17.8 GHz by the broadcasting-satellite
and fixed-satellite (space-to-Earth) services is limited to
geostationary satellites.
(b) The use of the band 17.3-17.8 GHz by the fixed-satellite
service (Earth-to-space) is limited to feeder links for broadcasting-
satellite service.
(c) The use of the band 17.7-17.8 GHz by the broadcasting-satellite
service is limited to receiving earth stations located outside of the
United States and its insular areas.
(d) In the band 17.7-17.8 GHz, earth stations in the fixed-
satellite service may be authorized for the reception of FSS emissions
from geostationary satellites, subject to the condition that these
earth stations shall not claim protection from transmissions of non-
Federal stations in the fixed service that operate in that band.
* * * * *
NG527A Earth Stations in Motion (ESIMs), as regulated under 47 CFR
part 25, are an application of the fixed-satellite service (FSS) and
the following provisions shall apply:
(a) In the bands 10.7-11.7 GHz, 19.3-19.4 GHz, and 19.6-19.7 GHz,
ESIMs may be authorized for the reception of FSS emissions from
geostationary and non-geostationary satellites, subject to the
conditions that these earth stations may not claim protection from
transmissions of non-Federal stations in the fixed service and that
non-geostationary-satellite systems not cause unacceptable interference
to, or claim protection from, geostationary-satellite networks.
(b) In the bands 11.7-12.2 GHz (space-to-Earth), 14.0-14.5 GHz
(Earth-to-space), 18.3-18.8 GHz (space-to-Earth), 19.7-20.2 GHz (space-
to-Earth), 28.35-28.6 GHz (Earth-to-space), and 29.25-30.0 GHz (Earth-
to-space), ESIMs may be authorized to communicate with geostationary
satellites on a primary basis.
(c) In the bands 11.7-12.2 GHz (space-to-Earth), 14.0-14.5 GHz
(Earth-to-space), 18.3-18.6 GHz (space-to-Earth), 19.7-20.2 GHz (space-
to-Earth), 28.4-28.6 GHz (Earth-to-space), and 29.5-30.0 GHz (Earth-to-
space), ESIMs may be authorized to communicate with non-geostationary
satellites, subject to the condition that non-geostationary-satellite
systems may not cause unacceptable interference to, or claim protection
from, geostationary-satellite networks.
(d) In the band 17.8-18.3 GHz, ESIMs may be authorized for the
reception of FSS emissions from geostationary and non-geostationary
satellites on a secondary basis, subject to the condition that non-
geostationary-satellite systems not cause unacceptable interference to,
or claim protection from, geostationary-satellite networks.
(e) In the bands 18.8-19.3 GHz (space-to-Earth) and 28.6-29.1 GHz
(Earth-to-space), ESIMs may be authorized to communicate with
geostationary and non-geostationary satellites, subject to the
condition that geostationary-satellite networks may not cause
unacceptable interference to, or claim protection from, non-
geostationary satellite systems in the fixed-satellite service.
(f) In the band 17.3-17.8 GHz, ESIMs may be authorized for the
reception of FSS emissions from geostationary satellites on an
unprotected basis.
* * * * *
PART 25--SATELLITE COMMUNICATIONS
0
3. The authority citation for part 25 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319,
332, 605, and 721, unless otherwise noted.
0
4. Amend Sec. 25.103 by adding a definition for ``Extended Ka-band''
in alphabetical order and revising the definition of ``Two-degree-
compliant space station'' to read as follows:
Sec. 25.103 Definitions.
* * * * *
Extended Ka-band. The 17.3-18.3 GHz (space-to-Earth), 18.8-19.4 GHz
(space-to-Earth), 19.6-19.7 GHz (space-to-Earth), 27.5-28.35 GHz
(Earth-to-space), and 28.6-29.1 GHz (Earth-to-space) FSS frequency
bands.
* * * * *
Two-degree-compliant space station. A GSO FSS space station
operating in the conventional or extended C-bands, the conventional or
extended Ku-bands, the 24.75-25.25 GHz band, or the conventional or
extended Ka-bands within the limits on downlink equivalent
isotropically radiated power (EIRP) density or PFD specified in Sec.
25.140(a)(3) or (b)(3) and communicating only with earth stations
operating in conformance with routine uplink parameters specified in
Sec. 25.211(d), Sec. 25.212(c), (d), or (f), or Sec. 25.218.
* * * * *
0
5. Amend Sec. 25.114 by revising paragraphs (d)(7), (15), and (18) to
read as follows:
Sec. 25.114 Applications for space station authorizations.
* * * * *
(d) * * *
(7) Applicants for authorizations for space stations in the Fixed-
Satellite Service, including applicants proposing feeder links for
space stations operating in the 17/24 GHz Broadcasting-Satellite
Service, must also include the information specified in Sec.
25.140(a). Applicants for authorizations for space stations in the 17/
24 GHz Broadcasting-Satellite Service or applicants seeking
authorization for FSS space stations transmitting in the 17.3-17.8 GHz
band (space-to-Earth), must also include the information specified in
Sec. 25.140(b);
* * * * *
(15) Each applicant for a space station license in the 17/24 GHz
Broadcasting-Satellite Service or the FSS transmitting in the 17.3-17.8
GHz band, shall include the following information as an attachment to
its application:
(i) If the applicant proposes to operate in the 17.3-17.8 GHz band,
a demonstration that the proposed space station will comply with the
applicable power flux density limits in Sec. 25.140(a)(3)(iii) or
(b)(3) unless the applicant provides a certification under paragraph
(d)(15)(ii) of this section.
(ii) In cases where the proposed space station will not comply with
the applicable power flux density limits set forth in Sec.
25.140(a)(3)(iii) or (b)(3), the applicant will be required to provide
a certification that all potentially affected parties acknowledge and
do not object to the use of the applicant's higher power flux
densities. The affected parties with whom the applicant must
[[Page 72404]]
coordinate are those GSO 17/24 GHz BSS satellite networks or FSS
satellite networks with space stations transmitting in the 17.3-17.8
GHz band that are located up to <plus-minus>6[deg] away. Excesses of
more than 3 dB above the applicable power flux density levels specified
in Sec. 25.140(a)(3)(iii) or (b)(3), must also be coordinated with 17/
24 GHz BSS satellite networks located up to <plus-minus>10[deg] away.
(iii) Any information required by Sec. 25.264(a)(6), (b)(4), or
(d).
* * * * *
(18) For space stations in the Direct Broadcast Satellite service,
the 17/24 GHz Broadcasting-Satellite Service, or FSS space stations
transmitting in the 17.3-17.8 GHz band, maximum orbital eccentricity.
0
6. Amend Sec. 25.115 by revising paragraphs (e), (g) introductory
text, and (k) to read as follows:
Sec. 25.115 Applications for earth station authorizations.
* * * * *
(e) GSO FSS earth stations in 17.3-30 GHz. (1) An application for a
GSO FSS earth station license in the 17.3-19.4 GHz, 19.6-20.2 GHz,
27.5-29.1 GHz, or 29.25-30 GHz bands not filed on FCC Form 312EZ
pursuant to paragraph (a)(2) of this section must be filed on FCC Form
312, Main Form and Schedule B, and must include any information
required by paragraphs (a)(5) through (10) or paragraph (g) or (j) of
this section.
(2) Individual or blanket license applications may be filed for
operation in the 17.3-17.8 GHz band; however, blanket licensed earth
stations shall operate on an unprotected basis with respect to DBS
feeder link earth stations. All receiving FSS earth stations shall
operate on an unprotected basis with respect to the Fixed Service in
the 17.7-17.8 GHz band.
* * * * *
(g) Additional requirements for certain GSO earth stations.
Applications for earth stations that will transmit to GSO space
stations in any portion of the 5850-6725 MHz, 13.75-14.5 GHz, 24.75-
25.25 GHz, 27.5-29.1 GHz, or 29.25-30.0 GHz bands must include, in
addition to the particulars of operation identified on FCC Form 312 and
associated Schedule B, the information specified in either paragraph
(g)(1) or (2) of this section for each earth station antenna type.
* * * * *
(k) Permitted Space Station List. (1) Applicants for FSS earth
stations that qualify for routine processing in the conventional or
extended C-bands, the conventional or extended Ku-bands, the
conventional or extended Ka-bands, or the 24.75-25.25 GHz band,
including ESV applications filed pursuant to paragraph (m)(1) or (n)(1)
of this section, VMES applications filed pursuant to paragraph (m)(1)
or (n)(1) of this section, and ESAA applications filed pursuant to
paragraph (m)(1) or (n)(1) of this section, may designate the Permitted
Space Station List as a point of communication. Once such an
application is granted, the earth station operator may communicate with
any space station on the Permitted Space Station List, provided that
the operation is consistent with the technical parameters and
conditions in the earth station license and any limitations placed on
the space station authorization or noted in the Permitted Space Station
List.
(2) Notwithstanding paragraph (k)(1) of this section, an earth
station that would receive signals in the 17.7-20.2 GHz band may not
communicate with a space station on the Permitted Space Station List in
that band until the space station operator has completed coordination
under Footnote US334 to Sec. 2.106 of this chapter.
* * * * *
0
7. Amend Sec. 25.117 by revising paragraph (d)(2)(v) to read as
follows:
Sec. 25.117 Modification of station license.
* * * * *
(d) * * *
(2) * * *
(v) Any operator of a space station transmitting in the 17.3-17.8
GHz band, whose license is conditioned to operate at less than the
power level otherwise permitted by Sec. 25.140(a)(3)(iii) and/or
(b)(3), and is conditioned to accept interference from a neighboring
17/24 GHz BSS space station, may file a modification application to
remove those two conditions in the event that the license for that
neighboring space station is cancelled or surrendered. In the event
that two or more such modification applications are filed, and those
applications are mutually exclusive, the modification applications will
be considered on a first-come, first-served basis pursuant to the
procedure set forth in Sec. 25.158.
* * * * *
0
8. Amend Sec. 25.140 by revising paragraphs (a)(2), (a)(3)(iii), and
(b)(3) through (5), adding paragraph (b)(6), and revising the
introductory text of paragraph (d) to read as follows:
Sec. 25.140 Further requirements for license applications for GSO
space station operation in the FSS and the 17/24 GHz BSS.
(a) * * *
(2) In addition to the information required by Sec. 25.114, an
applicant for GSO FSS space station operation, including applicants
proposing feeder links for space stations operating in the 17/24 GHz
BSS, that will be located at an orbital location less than two degrees
from the assigned location of an authorized co-frequency GSO space
station, must either certify that the proposed operation has been
coordinated with the operator of the co-frequency space station or
submit an interference analysis demonstrating the compatibility of the
proposed system with the co-frequency space station. Such an analysis
must include, for each type of radio frequency carrier, the link noise
budget, modulation parameters, and overall link performance analysis.
(See Appendices B and C to Licensing of Space Stations in the Domestic
Fixed-Satellite Service, FCC 83-184, and the following public notices,
copies of which are available in the Commission's EDOCS database,
available at <a href="https://www.fcc.gov/edocs:">https://www.fcc.gov/edocs:</a> DA 03-3863 and DA 04-1708.) The
provisions in this paragraph (a)(2) do not apply to proposed analog
video operation, which is subject to the requirement in paragraph
(a)(1) of this section. Proposed GSO FSS space-to-Earth transmissions
in the 17.3-17.8 GHz band are subject to the requirements of paragraphs
(b)(4) through (6) of this section with respect to possible
interference into 17/24 GHz BSS networks. Proposed GSO FSS space-to-
Earth transmissions in the 17.3-17.8 GHz band are subject to the
requirements of Sec. 25.264 with respect to possible interference to
the reception of DBS feeder link transmissions (Earth-to-space) in this
band.
(3) * * *
(iii) With respect to proposed FSS operation in the conventional or
extended Ka-bands, a certification that the proposed space station will
not generate power flux density at the Earth's surface in excess of the
limits in paragraphs (a)(3)(iii)(A) and (B) of this section, and that
associated uplink operation will not exceed applicable EIRP density
envelopes in Sec. 25.218(i) unless the non-routine uplink and/or
downlink operation is coordinated with operators of authorized co-
frequency space stations at assigned locations within six degrees of
the orbital location and except as provided in paragraph (d) of this
section.
[[Page 72405]]
(A) -118 dBW/m\2\/MHz, except as provided in paragraph
(a)(3)(iii)(B) of this section.
(B) For space-to-Earth FSS transmissions in the 17.3-18.8 GHz band
in the region of the contiguous United States, located west of 100 West
Longitude: -121 dBW/m\2\/MHz.
* * * * *
(b) * * *
(3) An applicant for a license to operate a 17/24 GHz BSS space
station transmitting in the 17.3-17.8 GHz band must certify that the
downlink power flux density on the Earth's surface will not exceed the
regional power flux density limits given in paragraphs (b)(3)(i)
through (iv) of this section, or must provide the certification
specified in Sec. 25.114(d)(15)(ii):
(i) In the region of the contiguous United States, located south of
38[deg] North Latitude and east of 100[deg] West Longitude: -115 dBW/
m\2\/MHz.
(ii) In the region of the contiguous United States, located north
of 38[deg] North Latitude and east of 100[deg] West Longitude: -118
dBW/m\2\/MHz.
(iii) In the region of the contiguous United States, located west
of 100[deg] West Longitude: -121 dBW/m\2\/MHz.
(iv) For all regions outside of the contiguous United States
including Alaska and Hawaii: -115 dBW/m\2\/MHz.
(4) Except as described in paragraph (b)(5) of this section, the
following applicants must either certify that their proposed operations
have been coordinated with the adjacent operator of a previously
authorized or proposed co-frequency space station, or must provide an
interference analysis of the kind described in paragraph (a) of this
section, except that the applicant must demonstrate that its proposed
network will not cause more interference to the adjacent space station
transmitting in the 17.3-17.8 GHz band operating in compliance with the
technical requirements of this part, than if the applicant were located
at an orbital separation of four degrees from the previously licensed
or proposed space station.
(i) Applicants for a 17/24 GHz BSS space station transmitting in
the 17.3-17.8 GHz band to be located less than four degrees from a
previously authorized or proposed co-frequency 17/24 GHz BSS space
station;
(ii) Applicants for a FSS space station transmitting in the 17.3-
17.8 GHz band to be located less than four degrees from a previously
authorized or proposed co-frequency 17/24 GHz BSS space station; and
(iii) Applicants for a 17/24 GHz BSS space station transmitting in
the 17.3-17.8 GHz band to be located less than four degrees from a
previously authorized or proposed co-frequency FSS space station
transmitting in the 17.3-17.8 GHz band.
(5) Where an authorized or proposed 17/24 GHz BSS or FSS space
station is located within four degrees of a previously authorized or
proposed 17/24 GHz BSS space station, no new third proposed 17/24 GHz
BSS or FSS space station may be located within eight degrees of the
first authorized or proposed space station in the same direction as the
second authorized or proposed space station, unless the applicant for
the third space station certifies that its proposed operation has been
coordinated with the operator of the first previously authorized or
proposed 17/24 GHz BSS space station, or the applicant for the third
proposed space station provides an interference analysis of the kind
described in paragraph (a) of this section, or the applicant for the
third proposed space station demonstrates that its proposed network
will not cause more interference to the first previously authorized or
proposed space station than if the applicant for the third proposed
space station were located at an orbital separation of eight degrees
from the first previously authorized or proposed 17/24 GHz BSS space
station.
(6) In addition to the requirements of paragraphs (b)(3), (4), and
(5) of this section, the link budget for any satellite transmitting in
the 17.3-17.8 GHz band (space-to-Earth) must take into account
longitudinal station-keeping tolerances. Any applicant for a space
station transmitting in the 17.3-17.8 GHz band that has reached a
coordination agreement with an operator of another space station to
allow that operator to exceed the pfd levels specified in paragraph
(a)(3)(iii) or (b)(3) of this section, must use those higher pfd levels
for the purpose of this showing.
* * * * *
(d) An operator of a GSO FSS space station in the conventional or
extended C-bands, conventional or extended Ku-bands, 24.75-25.25 GHz
band (Earth-to-space), or conventional or extended Ka-bands may notify
the Commission of its non-routine transmission levels and be relieved
of the obligation to coordinate such levels with later applicants and
petitioners.
* * * * *
0
9. Amend Sec. 25.202 by:
0
a. Redesignating paragraphs (a)(10) introductory text, (a)(10)(i), and
(a)(10)(ii) as paragraphs (a)(10)(i), (ii), and (iii), respectively;
and
0
b. Revising newly redesignated paragraph (a)(10)(ii).
The revision reads as follows:
Sec. 25.202 Frequencies, frequency tolerance, and emission limits.
(a) * * *
(10) * * *
(ii) The following frequencies are available for use by Earth
Stations in Motion (ESIMs) communicating with GSO FSS space stations,
subject to the provisions in Sec. 2.106 of this chapter:
(A) 10.7-11.7 GHz (space-to-Earth).
(B) 11.7-12.2 GHz (space-to-Earth).
(C) 14.0-14.5 GHz (Earth-to-space).
(D) 17.3-17.7 GHz (space-to-Earth).
(E) 17.7-17.8 GHz (space-to-Earth).
(F) 17.8-18.3 GHz (space-to-Earth).
(G) 18.3-18.8 GHz (space-to-Earth).
(H) 18.8-19.3 GHz (space-to-Earth)
(I) 19.3-19.4 GHz (space-to-Earth).
(J) 19.6-19.7 GHz (space-to-Earth).
(K) 19.7-20.2 GHz (space-to-Earth).
(L) 28.35-28.6 GHz (Earth-to-space).
(M) 28.6-29.1 GHz (Earth-to-space).
(N) 29.25-30.0 GHz (Earth-to-space).
* * * * *
0
10. Amend Sec. 25.203 by revising the table in paragraph (m)(1) and
paragraph (m)(3) to read as follows:
Sec. 25.203 Choice of sites and frequencies.
* * * * *
(m) * * *
(1) * * *
Table 2 to Paragraph (m)(1)
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Space service designation in
which the transmitting earth
station operates............... Fixed-Satellite
----------------------------------------------------------------------------------------------------------------
Frequency bands (GHz)........... 17.3-17.7
17.3-17.8
----------------------------------------------------------------------------------------------------------------
Space service designation in
which the receiving earth
station operates............... Broadcasting-Satellite
Fixed-Satellite
----------------------------------------------------------------------------------------------------------------
Orbit........................... GSO
GSO
----------------------------------------------------------------------------------------------------------------
Modulation at receiving earth
station........................ N (digital)
N (digital)
----------------------------------------------------------------------------------------------------------------
[[Page 72406]]
Receiving earth station
interference parameters and
criteria:...................... 17/24 GHZ BSS
FSS
----------------------------------------------------------------------------------------------------------------
p (%)....................... 0.015
0.003
----------------------------------------------------------------------------------------------------------------
n........................... 2
2
----------------------------------------------------------------------------------------------------------------
p (%)....................... 0.015
0.0015
----------------------------------------------------------------------------------------------------------------
N(dB)....................... 1
1
----------------------------------------------------------------------------------------------------------------
M (dB)...................... In the area specified in Sec. 25.140(b)(3)
In the area specified in Sec.
25.140(a)(3)(iii)
----------------------------------------------------------------------------------------------------------------
(i) and (iv) (ii) (iii) (A) (B)
----------------------------------------------------------------------------------------------------------------
4.8 3.0 1.8 2.5 0.8
----------------------------------------------------------------------------------------------------------------
W(dB)....................... 4
0
----------------------------------------------------------------------------------------------------------------
Receiving earth station
parameters:.................... 17/24 GHz BSS
FSS
----------------------------------------------------------------------------------------------------------------
G (dBi)..................... 36
N/A
----------------------------------------------------------------------------------------------------------------
G........................... 0
0
----------------------------------------------------------------------------------------------------------------
e........................... 20[deg]
5[deg]
----------------------------------------------------------------------------------------------------------------
T (K)....................... 150
300
----------------------------------------------------------------------------------------------------------------
Reference bandwidth: B (Hz)..... 10\6\
----------------------------------------------------------------------------------------------------------------
Permissible interference power:
P(p) (dBW) in B................ In the area specified in Sec. 25.140(b)(3)
In the area specified in Sec.
25.140(a)(3)(iii)
----------------------------------------------------------------------------------------------------------------
(i) and (iv) (ii) (iii) (A) (B)
----------------------------------------------------------------------------------------------------------------
-146.8 -149.8 -152.8 -144 -150.1
----------------------------------------------------------------------------------------------------------------
* * * * *
(3) Each applicant for such new or modified feeder-link earth
stations shall file with its application memoranda of coordination with
each co-frequency licensee authorized to construct BSS receive earth
stations or an individually licensed FSS receive earth station within
the coordination zone. Feeder link earth station applicants are not
required to complete coordination with blanket-licensed receiving FSS
earth stations in the 17.3-17.8 GHz band.
* * * * *
Sec. 25.208 [Amended]
0
11. Amend Sec. 25.208 by removing and reserving paragraph (w).
0
12. Amend Sec. 25.209 by revising the introductory text of paragraphs
(a)(1), (3), (4), and (6) and (b)(1) through (3) to read as follows:
Sec. 25.209 Earth station antenna performance standards.
(a) * * *
(1) In the plane tangent to the GSO arc, as defined in Sec.
25.103, for earth stations not operating in the conventional Ku-band,
the 24.75-25.25 GHz band, or the 27.5-30 GHz band:
* * * * *
(3) In the plane tangent to the GSO arc, for earth stations
operating in the 24.75-25.25 GHz or 27.5-30 GHz bands:
* * * * *
(4) In the plane perpendicular to the GSO arc, as defined in Sec.
25.103, for earth stations not operating in the conventional Ku-band,
the 24.75-25.25 GHz band, or the 27.5-30 GHz band:
* * * * *
(6) In the plane perpendicular to the GSO arc, for earth stations
operating in the 24.75-25.25 GHz or 27.5-30 GHz bands:
* * * * *
(b) * * *
(1) In the plane tangent to the GSO arc, for earth stations not
operating in the 24.75-25.25 GHz or 27.5-30 GHz bands:
* * * * *
(2) In the plane perpendicular to the GSO arc, for earth stations
not operating in the 24.75-25.25 GHz or 27.5-30 GHz bands:
* * * * *
(3) In the plane tangent to the GSO arc or in the plane
perpendicular to the GSO arc, for earth stations operating in the
24.75-25.25 GHz or 27.5-30 GHz bands:
* * * * *
0
13. Amend Sec. 25.210 by:
0
a. Revising paragraph (f); and
0
b. Removing and reserving paragraph (i).
The revision reads as follows:
Sec. 25.210 Technical requirements for space stations.
* * * * *
(f) All space stations in the Fixed-Satellite Service operating in
any portion of the 3600-4200 MHz, 5091-5250 MHz, 5850-7025 MHz, 10.7-
12.7 GHz, 12.75-13.25 GHz, 13.75-14.5 GHz, 15.43-15.63 GHz, 17.3-17.8
GHz (space-to-Earth), 18.3-20.2 GHz, 24.75-25.25 GHz, or 27.5-30.0 GHz
bands, including feeder links for other space services, and in the
Broadcasting-Satellite Service in the 17.3-17.8 GHz band (space-to-
Earth), shall employ state-of-the-art full frequency reuse, either
through the use of orthogonal polarizations within the same beam and/or
the use of spatially independent beams. This requirement does not apply
to telemetry, tracking, and command operation.
* * * * *
0
14. Amend Sec. 25.212 by revising paragraphs (e) and (h) to read as
follows:
Sec. 25.212 Narrowband analog transmissions and digital
transmissions in the GSO FSS.
* * * * *
(e) An earth station may be routinely licensed for digital
transmission in the conventional or extended Ka-bands if
[[Page 72407]]
the input power spectral density into the antenna will not exceed 3.5
dBW/MHz and the application includes certification pursuant to Sec.
25.132(a)(1) of conformance with the antenna gain performance
requirements in Sec. 25.209(a) and (b).
* * * * *
(h) Applications for authority for fixed earth station operation in
the conventional C-band, the extended C-band, the conventional Ku-band,
the extended Ku-band, the conventional Ka-band, or the extended Ka-band
that do not qualify for routine processing under relevant criteria in
this section, Sec. 25.211, or Sec. 25.218 are subject to the
requirements in Sec. 25.220.
0
15. Amend Sec. 25.218 by revising paragraph (a), adding a heading for
paragraph (b), and revising paragraphs (i) heading and (j) to read as
follows:
Sec. 25.218 Off-axis EIRP density envelopes for FSS earth stations
transmitting in certain frequency bands.
(a) Applicability. This section applies to applications for fixed
and temporary-fixed FSS earth stations transmitting to geostationary
space stations in the conventional C-band, extended C-band,
conventional Ku-band, extended Ku-band, conventional Ka-band, extended
Ka-band, or 24.75-25.25 GHz, and applications for ESIMs transmitting in
the conventional C-band, conventional Ku-band, conventional Ka-band,
except for applications proposing transmission of analog command
signals at a band edge with bandwidths greater than 1 MHz or
transmission of any other type of analog signal with bandwidths greater
than 200 kHz.
(b) Routine processing. * * *
(i) Digital earth station operation in the conventional or extended
Ka-band. * * *
(j) Non-qualifying applications. Applications for authority for
fixed earth station operation in the conventional C-band, extended C-
band, conventional Ku-band, extended Ku-band, conventional Ka-band,
extended Ka-band, or 24.75-25.25 GHz, that do not qualify for routine
processing under relevant criteria in this section, Sec. 25.211, or
Sec. 25.212 are subject to the requirements in Sec. 25.220.
0
16. Amend Sec. 25.220 by revising paragraph (a) to read as follows:
Sec. 25.220 Non-routine transmit/receive earth station operations.
(a) The requirements in this section apply to applications for, and
operation of, earth stations transmitting in the conventional or
extended C-bands, the conventional or extended Ku-bands, or the
conventional or extended Ka -bands that do not qualify for routine
licensing under relevant criteria in Sec. 25.211, Sec. 25.212, or
Sec. 25.218.
* * * * *
0
17. Revise Sec. 25.262 to read as follows:
Sec. 25.262 Licensing and domestic coordination requirements for 17/
24 GHz BSS space stations and FSS space stations transmitting in the
17.3-17.8 GHz band.
(a) A 17/24 GHz BSS or FSS applicant seeking to transmit in the
17.3-17.8 GHz band may be authorized to operate a space station at
levels up to the maximum power flux density limits defined in
paragraphs (a)(1) and (2) of this section without coordinating its
power flux density levels with adjacent licensed or permitted
operators, as follows:
(1) For 17/24 GHz BSS applicants, up to the power flux density
levels specified in Sec. 25.140(b)(3) only if there is no licensed
space station, or prior-filed application for a space station
transmitting in the 17.3-17.8 GHz band at a location less than four
degrees from the orbital location at which the applicant proposes to
operate; and
(2) For FSS space station applicants transmitting in the 17.3-17.8
GHz band, up to the maximum power flux density levels in Sec.
25.140(a)(3)(iii), only if there is no licensed 17/24 GHz BSS space
station, or prior-filed application for a 17/24 GHz BSS space station,
at a location less than four degrees from the orbital location at which
the FSS applicant proposes to operate, and there is no licensed FSS
space station, or prior-filed application for an FSS space station
transmitting in the 17.3-17.8 GHz band, at a location less than two
degrees from the orbital location at which the applicant proposes to
operate.
(b) Any U.S. licensee or permittee authorized to transmit in the
17.3-17.8 GHz band that does not comply with the applicable power flux-
density limits set forth in Sec. 25.140(a)(3)(iii) and/or (b)(3) shall
bear the burden of coordinating with any future co-frequency licensees
and permittees of a space station transmitting in the 17.3-17.8 GHz
band as required in Sec. 25.114(d)(15)(ii).
(c) If no good faith agreement can be reached, the operator of the
FSS space station transmitting in the 17.3-17.8 GHz band that does not
comply with Sec. 25.140(a)(3)(iii) or the operator of the 17/24 GHz
BSS space station that does not comply with Sec. 25.140(b)(3), shall
reduce its power flux-density levels to be compliant with those
specified in Sec. 25.140(a)(3)(iii) and/or (b)(3) as appropriate.
(d) Any U.S. licensee or permittee of a space station transmitting
in the 17.3-17.8 GHz band that is required to provide information in
its application pursuant to Sec. 25.140(a)(2) or (b)(4) must accept
any increased interference that may result from adjacent space stations
transmitting in the 17.3-17.8 GHz band that are operating in compliance
with the rules for such space stations specified in Sec. Sec.
25.140(a) and (b), 25.202(a)(9) and (e) through (g), 25.210(i) through
(j), 25.224, 25.262, 25.264(h), and 25.273(a)(3).
(e) Notwithstanding the provisions of this section, licensees and
permittees will be allowed to apply for a license or authorization for
a replacement satellite that will be operated at the same power level
and interference protection as the satellite to be replaced.
0
18. Amend Sec. 25.264 by revising the section heading and the
introductory text to paragraph (a), paragraphs (a)(4) and (6), the
introductory text to paragraph (b), the introductory text to paragraph
(b)(2), paragraphs (b)(2)(ii), (b)(3) and (4), and (c), the
introductory text to paragraph (d), paragraph (d)(1)(ii), the
introductory text to paragraph (d)(2), the introductory text to
paragraphs (e) and (e)(1) and (2), paragraph (e)(3), the introductory
text to paragraph (f), paragraphs (f)(2) and (g), and the introductory
text to paragraphs (h) and (i) to read as follows:
Sec. 25.264 Requirements to facilitate reverse-band operation in the
17.3-17.8 GHz band.
(a) Each applicant or licensee for a space station transmitting in
the 17.3-17.8 GHz band must submit a series of tables or graphs
containing predicted off-axis gain data for each antenna that will
transmit in any portion of the 17.3-17.8 GHz band, in accordance with
the following specifications. Using a Cartesian coordinate system
wherein the X axis is tangent to the geostationary orbital arc with the
positive direction pointing east, i.e., in the direction of travel of
the satellite; the Y axis is parallel to a line passing through the
geographic north and south poles of the Earth, with the positive
direction pointing south; and the Z axis passes through the satellite
and the center of the Earth, with the positive direction pointing
toward the Earth, the applicant or licensee must provide the predicted
transmitting antenna off-axis antenna gain information:
* * * * *
(4) At a minimum of one measurement frequency at the center of the
portion of the 17.3-17.8 GHz frequency band over which the space
station is designed to transmit. Applicants or licensees must provide
additional measurement data at 5 MHz
[[Page 72408]]
above the lower edge of the band and/or at 5 MHz below the upper edge
of the band, upon request by the Commission staff.
* * * * *
(6) The predictive gain information must be submitted to the
Commission for each license application that is filed for a space
station transmitting in any portion of the 17.3-18.8 GHz band no later
than two years after license grant for the space station.
(b) A space station applicant or licensee transmitting in any
portion of the 17.3-17.8 GHz band must submit power flux density (pfd)
calculations based on the predicted gain data submitted in accordance
with paragraph (a) of this section, as follows:
* * * * *
(2) The calculations must take into account the aggregate pfd
levels at the DBS receiver at each measurement frequency arising from
all antenna beams on the space station transmitting in the 17.3-17.8
GHz band. They must also take into account the maximum permitted
longitudinal station-keeping tolerance, orbital inclination and orbital
eccentricity of both the space station transmitting in the 17.3-17.8
GHz band and DBS space stations, and must:
* * * * *
(ii) Indicate the extent to which the calculated pfd of the space
station's transmissions in the 17.3-17.8 GHz band exceed the threshold
pfd level of -117 dBW/m2/100 kHz at those prior-filed U.S. DBS space
station locations.
(3) If the calculated pfd exceeds the threshold level of -117 dBW/
m2/100 kHz at the location of any prior-filed U.S. DBS space station,
the applicant or licensee must also provide with the pfd calculations a
certification that all affected DBS operators acknowledge and do not
object to such higher off-axis pfd levels. No such certification is
required in cases where the frequencies assigned to the DBS and to the
space station transmitting in the 17.3-17.8 GHz band do not overlap.
(4) The information and any certification required by paragraph (b)
of this section must be submitted to the Commission for each license
application that is filed for a space station transmitting in any
portion of the 17.3-17.8 GHz band no later than two years after license
grant for the space station.
(c) No later than two months prior to launch, each licensee of a
space station transmitting in any portion of the 17.3-17.8 GHz band
must update the predicted transmitting antenna off-axis gain
information provided in accordance with paragraph (a) of this section
by submitting measured transmitting antenna off-axis gain information
over the angular ranges, measurement frequencies and polarizations
specified in paragraphs (a)(1) through (5) of this section. The
transmitting antenna off-axis gain information should be measured under
conditions as close to flight configuration as possible. As an
alternative, licensees authorized to operate at locations one degree or
greater from a prior-filed DBS space station may submit simulated
transmitting antenna off-axis gain data in lieu of measured data, over
the same angular ranges, frequencies and polarizations.
(d) No later than two months prior to launch, or when applying for
authority to change the location of a space station transmitting in any
portion of the 17.3-17.8 GHz band that is already in orbit, each such
space station licensee must provide pfd calculations based on the
measured off-axis gain data submitted in accordance with paragraph (c)
of this section, as follows:
(1) * * *
(ii) At the location of any subsequently filed U.S. DBS space
station where the pfd level in the 17.3-17.8 GHz band calculated on the
basis of measured gain data exceeds -117 dBW/m\2\/100 kHz. In this
paragraph (d)(1)(ii), the term ``subsequently filed U.S. DBS space
station'' refers to any co-frequency Direct Broadcast Satellite service
space station proposed in a license application filed with the
Commission after the operator of a space station transmitting in any
portion of the 17.3-17.8 GHz band submitted the predicted data required
by paragraphs (a) and (b) of this section but before submission of the
measured data required by this paragraph. Subsequently filed U.S. DBS
space stations may include foreign-licensed DBS space stations seeking
authority to serve the United States market. The term does not include
any applications (or authorizations) that have been denied, dismissed,
or are otherwise no longer valid, nor does it include foreign-licensed
DBS space stations that have not filed applications with the Commission
for market access in the United States.
(2) The pfd calculations must take into account the maximum
permitted longitudinal station-keeping tolerance, orbital inclination
and orbital eccentricity of both the transmitting 17.3-17.8 GHz and DBS
space stations, and must:
* * * * *
(e) If the aggregate pfd level calculated from the measured data
submitted in accordance with paragraph (d) of this section is in excess
of the threshold pfd level of -117 dBW/m2/100 kHz:
(1) At the location of any prior-filed U.S. DBS space station as
defined in paragraph (b)(1) of this section, then the operator of the
space station transmitting in any portion of the 17.3-17.8 GHz band
must either:
* * * * *
(2) At the location of any subsequently filed U.S. DBS space
station as defined in paragraph (d)(1) of this section, where the
aggregate pfd level submitted in accordance with paragraph (d) of this
section is also in excess of the pfd level calculated on the basis of
the predicted data submitted in accordance with paragraph (a) of this
section that were on file with the Commission at the time the DBS space
station application was filed, then the operator of the space station
transmitting in the 17.3-17.8 GHz band must either:
* * * * *
(3) No coordination or adjustment of operating parameters is
required in cases where there is no overlap in frequencies assigned to
the DBS and the space station transmitting in the 17.3-17.8 GH band.
(f) The applicant or licensee for the space station transmitting in
the 17.3-17.8 GHz band must modify its license, or amend its
application, as appropriate, based upon new information:
* * * * *
(2) If the operator of the space station transmitting in the 17.3-
17.8 GHz band adjusts its operating parameters in accordance with
paragraph (e)(1)(ii) or (e)(2)(ii) or this section.
(g) Absent an explicit agreement between operators to permit more
closely spaced operations, U.S. authorized 17/24 GHz BSS or FSS space
stations transmitting in the 17.3-17.8 GHz band and U.S. authorized DBS
space stations with co-frequency assignments may not be licensed to
operate at locations separated by less than 0.2 degrees in orbital
longitude.
(h) All operational space stations transmitting in the 17.3-17.8
GHz band must be maintained in geostationary orbits that:
* * * * *
(i) U.S. authorized DBS networks may claim protection from space
path interference arising from the reverse-band operations of U.S.
authorized space stations transmitting in the 17.3-17.8 GHz band to the
extent that the DBS space station operates within the bounds of
inclination and eccentricity listed in paragraphs (i)(1) and (2) of
this section. When the geostationary orbit of
[[Page 72409]]
the DBS space station exceeds these bounds on inclination and
eccentricity, it may not claim protection from any additional space
path interference arising as a result of its inclined or eccentric
operations and may only claim protection as if it were operating within
the bounds listed in paragraphs (i)(1) and (2) of this section:
* * * * *
[FR Doc. 2022-23674 Filed 11-23-22; 8:45 am]
BILLING CODE 6712-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 25, 2022.
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.