Rule2024-28390
NGSO Fixed-Satellite Service (Space-to-Earth) Operations in the 17.3-17.8 GHz Band
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
December 5, 2024
Effective
January 6, 2025
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (FCC or Commission) adopts rules to permit use of the 17.3-17.7 GHz band by non-geostationary satellite orbit (NGSO) space stations operating in the fixed-satellite service (FSS) in the space-to-Earth (downlink) direction. The Report and Order modifies the United States Table of Frequency Allocations (U.S. Table) to enable NGSO FSS to operate in the 17.3-17.8 GHz band in the downlink direction on a co-primary basis with incumbent services and on a shared, co- primary basis with geostationary satellite orbit (GSO) services. The Report and Order also enables NGSO FSS downlink use of the 17.7-17.8 GHz band on a co-primary basis with GSO services and on an unprotected basis with respect to terrestrial fixed services. The Commission additionally adopts technical requirements to establish safeguards to reduce the likelihood of harmful interference to incumbent operators. The actions taken in the Commission's Report and Order promote spectrum efficiency, foster competition and U.S. leadership, and expand the ability of satellite operators to deploy advanced services, including high-speed internet access to unserved and underserved areas.
Full Text
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[Federal Register Volume 89, Number 234 (Thursday, December 5, 2024)]
[Rules and Regulations]
[Pages 96590-96602]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28390]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 25
[IB Docket No. 22-273; FCC 24-97; FR ID 260367]
NGSO Fixed-Satellite Service (Space-to-Earth) Operations in the
17.3-17.8 GHz Band
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission (FCC
or Commission) adopts rules to permit use
[[Page 96591]]
of the 17.3-17.7 GHz band by non-geostationary satellite orbit (NGSO)
space stations operating in the fixed-satellite service (FSS) in the
space-to-Earth (downlink) direction. The Report and Order modifies the
United States Table of Frequency Allocations (U.S. Table) to enable
NGSO FSS to operate in the 17.3-17.8 GHz band in the downlink direction
on a co-primary basis with incumbent services and on a shared, co-
primary basis with geostationary satellite orbit (GSO) services. The
Report and Order also enables NGSO FSS downlink use of the 17.7-17.8
GHz band on a co-primary basis with GSO services and on an unprotected
basis with respect to terrestrial fixed services. The Commission
additionally adopts technical requirements to establish safeguards to
reduce the likelihood of harmful interference to incumbent operators.
The actions taken in the Commission's Report and Order promote spectrum
efficiency, foster competition and U.S. leadership, and expand the
ability of satellite operators to deploy advanced services, including
high-speed internet access to unserved and underserved areas.
DATES: Effective on January 6, 2025. The incorporation by reference of
certain material listed in this rule was approved by the Director of
the Federal Register as of May 31, 2018.
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, contact Carolyn Mahoney of the Space Bureau Satellite
Programs and Policy Division, Space Bureau, at (202) 418-7168 or
<a href="/cdn-cgi/l/email-protection#dfbcbeadb0b3a6b1f1b2beb7b0b1baa69fb9bcbcf1b8b0a9"><span class="__cf_email__" data-cfemail="b2d1d3c0dddecbdc9cdfd3dadddcd7cbf2d4d1d19cd5ddc4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Report and Order, in IB Docket No. 22-273, FCC 24-70, adopted on
September 26, 2024, and released on September 27, 2024. The full text
of this document is available at <a href="https://www.fcc.gov/document/fcc-unlocks-spectrum-support-advanced-satellite-services-0">https://www.fcc.gov/document/fcc-unlocks-spectrum-support-advanced-satellite-services-0</a>.
Final Regulatory Flexibility Analysis
The Regulatory Flexibility Act of 1980, as amended (RFA), requires
that an agency prepare a regulatory flexibility analysis for notice and
comment rulemakings, unless the agency certifies that ``the rule will
not, if promulgated, have a significant economic impact on a
substantial number of small entities.'' The Commission has prepared an
Final Regulatory Flexibility Analysis (FRFA) concerning the potential
impact of the rule changes in the Report and Order. The FRFA is set
forth in the appendix of the FCC Document <a href="https://www.fcc.gov/document/fcc-changes-certain-space-station-regulatory-fees-fy-2024">https://www.fcc.gov/document/fcc-changes-certain-space-station-regulatory-fees-fy-2024</a> and a summary
is included in the Procedural Matters section below.
Final Paperwork Reduction Act Analysis
The Report and Order does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. In addition, the Commission notes that
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law
107-198, see 44 U.S.C. 3506(c)(4), the Commission previously sought
specific comment on how the Commission might further reduce the
information collection burdens for small business concerns with fewer
than 25 employees. In the Report and Order, the Commission assessed the
effects of its adoption of rules implementing the Part 25 licensing and
operating provisions and technical requirements. The Commission finds
that such requirements are unlikely to directly impact businesses with
fewer than 25 employees.
Congressional Review Act
The Commission has determined, and the Administrator of the Office
of Information and Regulatory Affairs, Office of Management and Budget,
concurs that this rule is non-major under the Congressional Review Act,
5 U.S.C. 804(2). The Commission will send a copy of the Report and
Order to Congress and the Government Accountability Office, pursuant to
5 U.S.C. 801(a)(1)(A).
Synopsis
I. Introduction
In the Report and Order, the Commission adopts rule changes to
permit use of the 17.3-17.8 GHz band by NGSO operators in the FSS in
the downlink direction. This action provides a contiguous 1300 MHz of
spectrum for NGSO FSS downlink operations, allowing for technologically
innovating and enhanced satellite services to the benefit of American
consumers. The allocations in the Report and Order align the U.S. Table
with the International Table of Allocations to provide a more cohesive
global framework for FSS operators and maximize the efficient use of
the 17 GHz band spectrum.
The Report and Order specifically permits use of the 17.3-17.7 GHz
band for NGSO FSS downlink operations on a co-primary basis with other
primary incumbent services operating in the band and on a shared, co-
primary basis with GSO space stations. The Commission also permits NGSO
FSS downlink use of the 17.7-17.8 GHz band on a co-primary basis with
GSO FSS operations and on an unprotected basis with respect to
terrestrial fixed services. The Commission accordingly amends the
United States Table of Frequency Allocations and 47 CFR part 2 and
modifies 47 CFR part 25 to authorize NGSO FSS operations in the 17 GHz
band.
In permitting use of the 17 GHz band for NGSO FSS operators, the
Report and Order adopts technical rules to facilitate operations
between NGSO FSS downlink services and incumbent providers operating in
the 17.3-17.8 GHz band. The technical measures adopted in the Report
and Order also create a more consistent regulatory framework in the 17
GHz band. Specifically, the Commission requires that NGSO FSS operators
comply with the power limits established by the International
Telecommunications Union (ITU) applicable to Region 2. The Report and
Order adopts the ITU equivalent power flux density (EPFD) limits
applicable in the 17.3-17.8 GHz band and power flux density limits
(PFD) limits applicable in the 17.7-17.8 GHz band, and further extends
both sets of power limits to the entire 17.3-17.8 GHz band to protect
incumbent operators.
The Report and Order additionally extends the authorization of
individual and blanket-licensed earth stations in the 17.3-17.8 GHz
band to include NGSO FSS earth stations. Blanket licenses in the 17.7-
17.8 GHz bands will be authorized for operation on an unprotected basis
with respect to current and future systems operating in the fixed
service. The Report and Order also revises the Commission's rules to
include the 17.3-17.7 GHz and 17.7-17.8 GHz bands in list of
frequencies available for use by Earth Stations in Motion (ESIMs)
communicating with NGSO FSS space stations.
The following standards appear in the amendatory text of this
document and were previously approved for the locations in which they
appear: 2016 ITU Radio Regulations, Article 21, Section V and Article
22, Section II.
II. Background
The Table of Frequency Allocations is comprised of the
International Table of the ITU Radio Regulations (International Table)
and the U.S. Table. In Region 2 of the International Table, the 17.3-
17.7 GHz band is allocated to FSS operations (in both uplink (Earth-to-
space) and downlink (space-to-Earth) directions and to the
broadcasting-satellite service (BSS) on a co-primary basis, as well as
[[Page 96592]]
to the radiolocation service on a secondary basis. The adjacent 17.7-
17.8 GHz band is allocated internationally in ITU Region 2 to the
terrestrial fixed service, BSS, and FSS (in both uplink and downlink
directions) on a primary basis and to the mobile service on a secondary
basis. Prior to the changes adopted in the Report and Order, in the
U.S. Table, the 17.3-17.7 GHz band was allocated to the FSS and BSS on
a co-primary basis and to the radiolocation services on a secondary
basis. Use of the 17.3-17.8 GHz band by BSS and FSS downlink was
limited to GSO FSS systems in the U.S. Table. The 17.7-17.8 GHz band
was allocated to terrestrial fixed service and FSS (uplink and
downlink) on a co-primary basis in the U.S. Table.
The 17.3-17.8 GHz band was historically 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. BSS, used as the ``17/24 GHz BSS,'' provides service
downlinks to consumers in the 17.3-17.8 GHz band and is also used for
feeder uplinks to DBS space stations, i.e., reverse band operations.
The Commission has previously adopted 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).
On August 3, 2022, the Commission adopted a Report and Order (87 FR
72388, November 25, 2022) (17 GHz GSO Order) to permit use of the 17.3-
17.8 GHz band by GSO FSS downlink space stations. In the 17 GHz GSO
Order, the Commission permitted FSS downlinks from GSOs to operate in
the 17.3-17.7 GHz band on a co-primary basis with other primary
services in that band. In addition, the Commission made certain other
changes to the U.S. Table to permit GSO FSS downlink operations in the
adjacent 17.7-17.8 GHz band and revised the existing primary FSS
allocation in the U.S. Table to permit GSO FSS space-to-Earth
operations. The 17 GHz GSO Order authorized individually-licensed FSS
receiving earth stations to receive FSS emissions from GSOs in the
17.3-17.8 GHz band, subject to coordination methodologies, and to
receive FSS emissions from GSOs in the 17.7-17.8 GHz band on an
unprotected basis with respect to fixed service operations. The
Commission further authorized blanket-licensed receiving FSS earth
stations and ESIMs in the 17.3-17.8 GHz band on an unprotected basis.
The 17 GHz GSO Order adopted a number of technical rules to both allow
for FSS flexibility in the band and prevent harmful interference
between GSO FSS downlinks and incumbent operators.
The Commission adopted a Notice of Proposed Rulemaking (87 FR
64750, October 26, 2022) (17 GHz NGSO Notice) along with the 17 GHz GSO
Order. The 17 GHz NGSO Notice sought comment on proposals raised in
response to the Commission's Notice of Proposed Rulemaking (86 FR 7660,
February 1, 2021) (17 GHz FSS Notice), released in August 2020, to
permit NGSO FSS downlink operations in both the 17.3-17.7 GHz and 17.7-
17.8 GHz bands, similar to the actions taken with regard to GSO FSS
operations in the 17 GHz GSO Order.
The 17 GHz NGSO Notice asked for input on specific NGSO FSS
spectrum needs to permit NGSO FSS downlink operations in the band and
asked commenters to provide supporting technical data and studies to
determine whether such an allocation would benefit the public interest
while continuing to protect incumbent users. The Commission asked what
technical rules would be necessary considering DBS/BSS, GSO FSS, or
terrestrial fixed services operations and what rules would need to be
adopted or modified to enable effective sharing while protecting these
incumbent users in the band. In particular, the Commission asked
whether the EPFD limits in the adjacent bands are sufficient to protect
DBS/BSS and GSO FSS stations and if there are methods of protection
other than EPFD limits that would be applicable. Further, the
Commission asked whether the addition of an NGSO allocation would
further degrade the reference situation for the DBS stations operating
in accordance with the ITU Radio Regulations Appendix 30 plan, and
sought input on any domestic or international coordination issues or
other technical challenges that should be addressed in coordination.
The 17 GHz NGSO Notice discussed that, after the release of the
prior 17 GHz GSO FSS Notice, sharing and compatibility studies were
underway to analyze use of the 17 GHz band in preparation for World
Radiocommunication Conference 2023 (WRC-23), specifically addressing
certain sharing issues and the potential for use of the 17.3-17.7 GHz
band by NGSO FSS downlink satellites, along with ESIM operations in the
17.7-18.6 GHz and other bands. Among the decisions adopted for
consideration at WRC-23 was Agenda Item 1.19, which contemplated an FSS
downlink allocation in the 17 GHz band for both GSO and NGSO in Region
2. The ITU Radio Regulations had previously included an FSS allocation
in the 17.7-17.8 GHz band in Region 2, but Agenda Item 1.19 for WRC-23
outlined a new primary allocation to the FSS downlink in the 17.3-17.7
GHz band.
WRC-23 modified the ITU Radio Regulations and added an FSS
allocation in 17.3-17.7 GHz FSS downlink for both GSO and NGSO
operations in Region 2. WRC-23 extended the Article 22 technical
limitations of the ITU Radio Regulations to the 17.3-17.7 GHz band,
which requires that NGSO FSS systems operating in accordance with ITU
Radio Regulations shall neither cause unacceptable interference to nor
claim protection from GSO systems in the FSS and BSS. WRC-23 also
adopted modifications to Resolution 85 (REV.WRC-23), revising the
application of Article 22 and compliance procedures for its
corresponding EPFD limits. In order to receive a ``qualified
favorable'' finding of compliance from the ITU, which is required for
NGSO FSS operation under the Commission's rules, NGSO FSS systems must
submit a commitment of compliance along with calculations and technical
descriptions of the system's Article 22 EPFD compliance using EPFD
validation software. The revisions to the International Table and
Articles 21 and Article 22 of the Radio Regulations will become
effective January 1, 2025.
Comments in response to the 17 GHz NGSO Notice were due on December
27, 2022, and reply comments were due on January 24, 2023. The
Commission received seven comments and six reply comments. GSO FSS
providers, NGSO FSS providers, and terrestrial fixed service
organizations filed comments and reply comments. The Commission also
received thirteen ex parte filings from commenters, several of which
were received after the close of WRC-23, with parties calling attention
to the adopted resolutions for the 17 GHz band. Notably, parties filing
post-WRC-23 ex partes agree that the actions taken by WRC-23 provide a
foundation for Commission action to facilitate domestic NGSO FSS
operations in the 17 GHz and, in fact, resolve specific concerns raised
in the earlier comment cycle.
Accordingly, for the reasons discussed in the Report and Order, the
Commission permits an NGSO FSS downlink allocation in the 17 GHz
[[Page 96593]]
band, subject to technical conditions, in furtherance of the
Commission's goals of promoting efficient use of the spectrum,
competition, and innovation, and providing consumers with access to
advanced telecommunications services. In the Report and Order, the
Commission first addresses the respective allocations for the 17.3-17.7
GHz and 17.7-17.8 GHz bands, followed by the technical components and
conditions adopted specific to NGSO FSS downlink operations.
III. Discussion
A. Permitting NGSO FSS Transmissions in the 17.3-17.8 GHz Band
The Ka-band is used by FSS operators to provide satellite-based
broadband access services using high-throughput satellites. After
review of the record, in the Report and Order, the Commission adopts
modifications to the U.S. Table and non-Federal government footnotes
for NGSO FSS downlink transmission in the 17.3-17.8 GHz band to provide
a contiguous 1300 MHz of spectrum for NGSO FSS downlink operations. The
Commission permits FSS downlinks from NGSO FSS systems to operate in
the 17.3-17.8 GHz band on a co-primary basis with GSO FSS operations
and on a co-primary basis with other primary services operating in the
band. The Commission also permits NGSO FSS receiving earth stations to
operate in the 17.7-17.8 GHz band on an unprotected basis with respect
to terrestrial fixed service operations. The Commission modifies Sec.
2.106(d)(58)(i) (non-federal government footnote NG58 of the U.S.
Table) by removing the prohibition on NGSO FSS downlink operations in
the 17.3-17.8 GHz band. The Commission additionally modifies Sec.
2.106(d)(58)(iv) (non-federal government footnote NG58 of the U.S.
Table) to authorize NGSO FSS receiving earth stations in the 17.7-17.8
GHz band, subject to the condition that such receiving earth stations
must operate on an unprotected basis with respect to non-federal fixed-
service stations operating in the band.
The Commission discusses the 17.3-17.7 GHz band and 17.7-17.8 GHz
band separately in the following sections.
1. NGSO FSS Transmissions in the 17.3-17.7 GHz Band
The 17.3-17.7 GHz band is allocated on a co-primary basis in the
U.S. Table to FSS uplink operations (limited to feeder links for the
BSS (DBS)), FSS downlink operations and BSS (17/24 GHz BSS). The 17 GHz
GSO Order extended use of the band to FSS downlinks, limited to GSO FSS
networks, on a co-primary basis with the incumbent users of the band,
feeder links for DBS networks, and ``reverse band'' use for the
downlink portion of 17/24 GHz BSS operations. The Commission concluded
that FSS downlink communications are technically similar to DBS/BSS
communications, and thus permitting GSO FSS operations in the band was
in the public interest to use the band more intensively and efficiently
while also providing additional downlink capacity for GSO fixed
satellite communications.
In the 17 GHz NGSO Notice, the Commission sought comment on its
proposal to make the 17.3-17.7 GHz band available for NGSO FSS systems
downlink, similar to the actions taken with regard to GSO FSS
operations in the 17 GHz GSO Order. The 17 GHz NGSO Notice further
sought technical data and studies from commenters to help determine how
an NGSO FSS downlink allocation in the band would facilitate efficient
NGSO FSS operations, what technical rules would be needed for DBS/BSS,
GSO FSS, and terrestrial services, and whether any EPFD or other limits
would be needed to protect existing and incumbent operations.
The record in this proceeding supports allocating the 17.3-17.7 GHz
band for NGSO FSS downlink operations. Commenters assert that such an
allocation is in the public interest because it would establish a
contiguous 1300 MHz of spectrum for NGSO FSS services, resulting in
more efficient use of the 17 GHz band, increased competition, and
increased quality and availability of satellite broadband services,
thus helping to close the digital divide. O3b Limited and SES Americom,
Inc., Telesat Canada, and WorldVu Satellites, Ltd. (collectively, ``the
Satellite Companies'') state that this allocation will serve the public
interest by mitigating spectrum constraints and affording consumers
greater access to satellite-enabled services. Kuiper agrees and further
adds that increasing the availability and quality of satellite
broadband services will mitigate the disparate impacts on rural and
impoverished communities. Kuiper notes that the 17 GHz GSO Order
addressed ``major technical and practical concerns regarding
coexistence between FSS downlinks and incumbent communications, many of
which are common to NGSO and GSO systems,'' and the Commission
concluded that the technical rules adopted were sufficient to prevent
interference and promote sharing in the band even without a Region 2
allocation for FSS downlinks. Commenters also note that studies
prepared in advance of WRC-23 measuring the feasibility of sharing the
17 GHz band with both FSS GSO and NGSO along with existing incumbent
services confirm that NGSO FSS operations are fully compatible with
other 17 GHz band services and that existing frameworks are in place to
support coexistence among these services.
Some commenters raised concerns with the Commission adopting an
NGSO FSS allocation in the 17 GHz band prior to any resolutions adopted
at WRC-23, arguing that doing so would be premature and instead
recommending that ``awaiting international adoption is necessary to
remain `consistent with Commission precedent.' '' However, some
commenters originally opposed to adopting an FSS allocation acknowledge
that, following the adopted WRC-23 Region 2 NGSO FSS downlink
allocation in the 17 GHz band, the proposed domestic allocation in the
band is in alignment with both international policy and the public
interest, but reiterate calls to adopt technical safeguards to protect
GSO FSS and BSS operations. Viasat initially argued that NGSO
stakeholders' comments failed to establish an adequate basis for
allowing NGSO FSS operations in the 17.3-17.8 GHz band, but pointed to
the more stringent protections of GSO networks in Article 22 of the ITU
Radio Regulations and advocated that a better approach would be for the
Commission to factor the outcomes of WRC-23 into its consideration of
appropriate technical limits for the 17.3-17.8 GHz band. Viasat more
recently asserts that the outcomes of WRC-23 ``provide useful input
into the Commission's own decision-making process with respect to
potential NGSO FSS operations in the 17 GHz band,'' and that the
actions taken at WRC-23 in fact ``provide a basis for subsequent action
by the Commission to facilitate domestic NGSO FSS operations within the
17 GHz band.''
Satellite operators further support allocating the 17.3-17.7 GHz
band to NGSO FSS downlink operations on a co-primary basis. These
commenters argue that a co-primary allocation is justified to support
technological satellite innovation and swift deployment of commercially
viable services while simultaneously helping to mitigate spectrum
constraints. GSO operators oppose a co-primary allocation, instead
arguing that the Commission should allocate the 17.3-17.7 GHz band on
only either a secondary or unprotected basis to protect GSO FSS and BSS
operations
[[Page 96594]]
and ensure that incumbent GSO operators are not unduly impacted by the
addition of NGSO FSS systems in the band. DIRECTV and EchoStar argue
that a secondary or unprotected basis, as applicable, is consistent
with both ITU Article 22.2 and the Commission's rules requiring NGSO
systems to protect GSO systems from interference, and a secondary
allocation would ensure that incumbent GSO FSS operations are not
unduly impacted or precluded by NGSO systems in the 17 GHz band. NGSO
operators, however, assert that GSO FSS systems are presently afforded
significant protections under Sec. 25.289 of the Commission's rules
and Article 22 of the ITU Radio Regulations, and are also given
priority over NGSO FSS in other domestic spectrum band plans, thus
bolstering the need for equal status of NGSO and GSO FSS in the 17 GHz
band. These commenters argue that a co-primary allocation for downlink
spectrum in the 17 GHz would balance the uplink and downlink spectrum
available to NGSO FSS systems while encouraging more robust broadband
service offering and promoting competition across NGSO, GSO, and
terrestrial fixed services to provide more options for connectivity.
The Commission concludes that it would serve the public interest to
allocate the 17.3-17.7 GHz band to NGSO FSS downlink operations on a
co-primary basis with incumbent services. The Commission finds that
NGSO FSS downlinks in the 17 GHz band are compatible with incumbent
services, specifically GSO FSS downlinks, feeder links for DBS
networks, and ``reverse band'' use for the downlink portion of 17/24
GHz BSS operations. Further, the Commission finds that the technical
measures adopted in the Report and Order, in combination with existing
Commission and ITU frameworks requiring NGSO FSS protection of GSO
systems and coordination, provide sufficient interference protection to
GSO FSS systems. The Commission disagrees with concerns that a co-
primary allocation for NGSO FSS system will preclude GSO FSS operators
from the 17 GHz band. The Commission concludes that a co-primary
allocation for NGSO FSS operations will support the most efficient use
of the 17 GHz band spectrum by aligning this allocation with adjacent
bands while mandating protection of GSO FSS operators with the
technical protections within those bands.
In addition to providing greater bandwidth for services to
consumers across the country, this allocation will provide increased
communications capability to unserved and underserved areas, help to
close the digital divide, and ensure that this valuable spectrum band
is used in the most efficient and effective manner. The Commission
notes that permitting NGSO FSS downlink services in the 17 GHz band is
consistent with the modifications to the International Table and
aligning the U.S Table with the International Table will serve the
public interest by providing regulatory certainty and consistency with
operations in Region 2. Accordingly, the Commission modifies non-
Federal government footnote NG58(i) to permit NGSO FSS downlink
operations in the 17.3-17.7 GHz band on a co-primary basis by removing
the prohibition on NGSO FSS downlink operations in the 17.3-17.8 GHz
band.
2. NGSO FSS Transmissions in the 17.7-17.8 GHz Band
The International Table allocates the 17.7-17.8 GHz band segment in
Region 2 to terrestrial fixed service, FSS in both directions and to
BSS on a primary basis, and to the mobile service on a secondary basis.
In the United States, the band is allocated to the non-federal
terrestrial fixed service and to FSS uplink and downlink operations on
a primary basis. The Commission added a limitation in footnote NG58 to
the U.S. Table in the 17 GHz FSS Order stating that in the band 17.7-
17.8 GHz, earth stations in the fixed-satellite service may be
authorized for the reception of GSO FSS emissions, 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.
Commenters supporting NGSO FSS downlink operations in the 17.3-17.7
GHz band generally also support permitting NGSO FSS downlink operations
on an unprotected basis vis-[agrave]-vis terrestrial fixed services in
the 17.7-17.8 GHz band. Terrestrial fixed providers express concerns
about extending the sharing of the 17.7-17.8 GHz band to NGSO
operations and argue that further technical study is needed to
determine whether NGSO operations can operate concurrently with and
protect incumbent fixed service operations in the 17.7-17.8 GHz band.
AT&T and Verizon argue that the technical studies and data to support
an NGSO FSS downlink do not affirmatively prove that NGSO FSS sharing
of the 17.7-17.8 GHz band is feasible. However, they propose that
should NGSO FSS operations be permitted in the 17.7-17.8 GHz band, the
Commission should do so on a secondary and unprotected basis relative
to terrestrial fixed service operations. The terrestrial fixed
providers also agree with DIRECTV and EchoStar that NGSO constellations
should be required to submit a showing that they can share the 17.7-
17.8 GHz band without interference.
The Commission finds that permitting NGSO FSS downlink operations
in the 17.7-17.8 GHz band is in the public interest. Earth stations
receiving in the 17.7-17.8 GHz band are not entitled to protection from
the terrestrial fixed service, and NGSO FSS downlink operations
therefore will not disrupt the balance between facilitating FSS
operations and protecting incumbent use of the 17.7-17.8 GHz band. This
action is consistent with the Commission's decision to permit GSO FSS
downlink operations on a co-primary basis. Similar to the actions taken
with regard to GSO FSS systems, the Commission permits authorization of
earth stations receiving transmissions from NGSO FSS space stations in
the 17.7-17.8 GHz band on an unprotected basis vis-[agrave]-vis the
terrestrial fixed service (both existing and future fixed service
operations) and on a shared basis with GSO FSS space stations,
discussed in the following section. This is consistent with the
Commission's goal to use scarce spectrum resources intensely in an
efficient and effective manner. The Commission modifies footnote
NG58(iv) of the U.S. Table of Allocations for the reasons discussed
previously.
B. Technical Measures To Prevent Harmful Interference in the 17.3-17.8
GHz Band
In the 17 GHz NGSO Notice, the Commission sought comment on the
technical rules needed to protect DBS and BSS, GSO FSS, and terrestrial
services should NGSO FSS downlink operations be permitted in the 17 GHz
band. The Commission asked whether the current EPFD limits in the
adjacent bands are sufficient to protect DBS and BSS stations and GSO
FSS stations, or if there are methods of protection other than EPFD
limits that would be more effective. The Commission adopts the
technical measures and conditions detailed in the Report and Order to
facilitate operations between NGSO FSS downlink services and incumbent
providers and create a more consistent regulatory framework in the
17.3-17.8 GHz band.
1. Measures To Facilitate Space-to-Earth Operations at 17/24 GHz BSS
and FSS
In the 17 GHz GSO Order, the Commission adopted a number of
technical rules to prevent harmful interference and facilitate intra-
service
[[Page 96595]]
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 downlink direction. The Commission extended a number of
requirements that were already applicable to 17/24 GHz BSS space
stations transmitting in the band to 17.3-17.8 GHz band GSO FSS space
stations, with certain modifications. In the Report and Order, the
Commission adopts the following modifications to the FSS technical
requirements to account for NGSO FSS downlink operations in the 17.3-
17.8 GHz band.
Equivalent Power Flux Density Limits. The Commission sought comment
in the 17 GHz NGSO Notice on whether the existing EPFD limits in the
adjacent 17.8-18.6 GHz bands are sufficient to protect DBS and BSS
stations, GSO FSS stations, and terrestrial fixed services in the 17.3-
17.8 GHz band, or if there are alternative methods of protection, other
than EPFD limits, that would be better applied in the 17.3-17.8 GHz
band.
EPFD limits have been established by the ITU Radio Regulations as a
technical mechanism to allow NGSO and GSO systems to operate in a
compatible manner. There is broad support in the record that BSS and
GSO FSS downlink services can be protected through the use of existing
EPFD limits in the adjacent 17.8-18.6 GHz band. The Satellite Companies
assert that international studies show that NGSO FSS operations are
compatible with other 17 GHz band services and support the Commission
extending the downlink EPFD limits outlined in Article 22.2 and in
Table 22-1B to the 17.3-17.8 GHz band to protect BSS and GSO FSS
downlink operations. Kuiper proposes that the Commission extend the
current rules requiring compliance with the applicable EPFD limits to
the 17 GHz band and agrees that extending the EPFD downlink limits to
the 17.3-17.7 GHz band would ensure that NGSO FSS systems do not cause
unacceptable interference to BSS networks. Kuiper states this would
result in even lower interference levels to BSS receiving earth
stations than under the current rules. SpaceX argues that EPFD limits
are not necessary to ensure that NGSO FSS systems can operate without
causing interference, but proposes that, if the Commission does employ
EPFD limits, it should only extend international limits that apply to
protect BSS receive stations. GSO FSS operators agree and support
extending the ITU EPFD limits adopted at WRC-23. Viasat recommends that
the Commission consider adopting EPFD limits for the 17.3-17.8 GHz
band, and supports extending the Article 22 EPFD limits to the 17 GHz
band in alignment with WRC-23, should the Commission permit NGSO FSS
operations in the 17 GHz band. DIRECTV and EchoStar also support
applying the EPFD limits in the adjacent 17.8-18.6 GHz band to the
17.3-17.7 GHz band, support extending the EPFD limits to the 17.7-17.8
GHz band, and further propose that the Commission should require NGSO
FSS operators to certify EPFD compliance for entire constellations,
submit technical data and calculations of EPFD compliance for public
review, and obtain a finding of EPFD compliance from either the
Commission or the ITU prior to commencing operations.
Section 25.146(a)(2) of the Commission's rules already require that
NGSO FSS space stations comply with any EPFD levels in Article 22,
Section II, and Resolution 76 of the ITU Radio Regulations. Section
25.289 further requires that NGSO systems must not cause unacceptable
interference to, or claim protection from, a GSO FSS or GSO BSS
network, and that NGSO FSS operators in compliance with the applicable
ITU EPFD limits will be considered to have fulfilled its obligation to
protect GSO networks from interference. Article 22.2 requires that NGSO
systems not cause unacceptable interference to and, unless otherwise
specified, shall not claim protection from GSO networks in the FSS and
the BSS operating in accordance with the Radio Regulations. WRC-23
modified footnote 5.517 of the International Table to require that, in
Region 2, use of the fixed satellite (space-to-Earth) service in the
17.3-17.8 GHz band shall not cause harmful interference to nor claim
protection from assignments in the BSS operating in conformity with the
Radio Regulations. In tandem with the FSS downlink allocation in the 17
GHz band, WRC-23 revised Table 22-1B of the Radio Regulations to extend
the limits to the EPFD downlink radiated by NGSO FSS systems in the
17.3-17.7 GHz band in Region 2. WRC-23 added an additional provision to
Table 22.1B to state that operators of NGSO FSS systems providing
service in Region 2 must meet the limits of Table 22-1B in the 17.3-
17.7 GHz band with respect to GSO systems in the BSS.
The Commission adopts the ITU EPFD limits for the 17.3-17.7 GHz
segment of the 17 GHz band and extend these limits to apply to the
17.7-17.8 GHz band to ensure efficient NGSO FSS downlink operations and
sufficient technical protections for incumbent operators throughout the
entire 17 GHz band. The Commission accordingly modifies Sec.
25.146(a)(2) of the Commission's rules to state that the ITU EPFD
limits that apply to NGSO FSS systems operating in the 17.3-17.7 GHz
band shall also apply to NGSO FSS systems operating in the 17.7-17.8
GHz band. The Commission finds that it would serve the public interest
to align the domestic EPFD limits with those adopted in the ITU Radio
Regulations to provide certainty for NGSO FSS operators while
protecting incumbent systems. These limits apply to NGSO operations in
Region 2 internationally, and the record in this proceeding supports
adoption of the same international EPFD limits domestically. With
respect to facilitating NGSO and GSO coordination efforts, the
Commission agrees with commenters' assertions that the Commission has
frameworks in place for sharing and coordination between NGSO and GSO
operators, and the Commission declines to modify such existing
frameworks in favor of adopting an additional compliance approval
process in this proceeding. As discussed in greater detail in the
Report and Order, the Commission permits operators to enter into
coordination agreements consistent with the Commission's current
framework for NGSO and GSO spectrum sharing.
Downlink Power Limits. The Commission has typically applied
downlink power flux density (PFD) limits for space stations
transmissions to facilitate both inter-service and intra-service
sharing. Under the Commission's rules, NGSO FSS systems operating in
the 10.7-30.0 GHz bands are required to comply with applicable ITU PFD
limits in Article 21 of the Radio Regulations, but NGSO FSS systems
have not been authorized for domestic operation in the 17 GHz band. In
the 17 GHz GSO Order, the Commission adopted rules to apply regional
PFD limits for GSO FSS space stations in the 17.3-17.7 GHz band to
harmonize with the limits applicable to 17/24 GHz BSS systems and to
adequately facilitate both inter-service and intra-service sharing. The
Commission also clarified that earth stations operating FSS downlinks
in the 17.7-17.8 GHz band shall not claim protection from terrestrial
fixed service operations in that band, and that the adopted PFD limits
will apply vis-[agrave]-vis fixed services in the 17.7-17.8 GHz band or
adjacent 17.8-18.3 GHz band.
NGSOs assert that taking the same approach to NGSO FSS services is
appropriate and supports adopting the ITU PFD limits to protect
terrestrial fixed services operating in the 17.7-17.8 GHz segment. The
Satellite Companies support relying on the Commission's
[[Page 96596]]
existing rules requiring NGSO systems to comply with the applicable
Article 21 PFD limits and operate on an unprotected basis with respect
to fixed services in the band. Mangata similarly suggests extending the
same PFD limits adopted for GSO satellite operations to NGSO FSS
systems, rather than limit use of the 17 GHz band, and says that while
NGSO systems may need to adjust operations to meet these limits, the
PFD limits ensure that terrestrial fixed services will not experience
harmful interference at equivalent arrival angles. Kuiper supports
applying the PFD limit in the 17.7-17.8 GHz band and argues that the
Commission has already resolved concerns about potential interference
in the 17.3-17.8 GHz band when it adopted the technical framework for
GSO FSS operations in the 17 GHz GSO Order, specifically the
coordination requirements and PFD limits, which includes an exhaustive
record proving that NGSO FSS operations can coexist with other services
in the 17 GHz band. Further, Kuiper maintains that NGSO and GSO FSS
systems already successfully share the adjacent 17.8-18.3 GHz band with
fixed services because of the PFD limits in place. Kuiper explains
that, since interference levels would be nearly identical in the 17.7-
17.8 GHz band, PFD limits should be adopted for the 17.7-17.8 GHz band
as well where utilization by fixed services is even lower than in the
adjacent band. SpaceX agrees, and advocates that extending the ITU PFD
limits applicable to the 17.7-19.3 GHz band to the 17.3-17.7 GHz band
will enable NGSO FSS operators to share the band without causing
harmful interference to existing operations while harmonizing the
limits for NGSO FSS operations with existing limits for GSO FSS and BSS
transmissions. SpaceX further notes that NGSO operators will solely
bear any interference impact to fixed operators, not the protected
fixed services. GSO operators did not comment on PFD limits in the
17.7-17.8 GHz band.
Kuiper additionally submitted a technical analysis simulating
interference from NGSO FSS systems into fixed service systems in the
band consistent with methodologies used in ITU Recommendations.
Kuiper's dynamic simulations show that the anticipated aggregate
interference from combined NGSO FSS systems into fixed services systems
is far below the ITU's recommended threshold limits, demonstrating that
these systems can coexist with fixed services in the 17.7-17.8 GHz band
with little likelihood of interference. Kuiper also cites operational
factors that protect fixed service receivers, which combined with the
dynamic interference-to-noise analysis, shows compatibility for fixed
and NGSO FSS systems to co-exist in the 17.7-17.8 GHz band without risk
of harmful interference from current or future NGSO FSS systems. SpaceX
supports Kuiper's study showing that the potential for interference
from NGSO operations to fixed services is negligible and that the
aggregate emissions of NGSO FSS systems will remain well below the
statistical interference-to-noise limits specified by the ITU.
Terrestrial fixed service providers AT&T and Verizon oppose
applying the current PFD limits, arguing that these limits are outdated
and do not account for the increase of NGSO satellite authorizations in
recent years or the differences in NGSO compared to GSO operations.
They claim that past records showing no interference to fixed services
are not a reliable predictor for future interference and instead
recommend that further study is needed before permitting shared NGSO
FSS use of the 17.7-17.8 GHz band. AT&T and Verizon also submitted a
static analysis (FS Interference Analysis) based on calculations of
interference-to-noise ratios to demonstrate the potential for aggregate
interference into fixed service antennas from present and future NGSO
FSS and GSO FSS operations. These providers argue that the FS
Interference Analysis shows that the aggregate interference calculation
values could exceed the interference-to-noise thresholds adopted by the
ITU and the Commission for protecting terrestrial fixed services in
other frequency bands and therefore oppose relying on PFD limits to
support an NGSO FSS allocation.
The Commission adopts the ITU PFD limits for NGSO FSS operations in
the 17 GHz band, applying to the 17.7-17.8 GHz band and extending to
the 17.3-17.7 GHz band, and accordingly modify Sec. 25.146(a)(1) of
the Commission's rules. The Commission finds the technical studies and
dynamic analyses in favor of adopting the current PFD limits more
representative of real-world scenarios in demonstrating that the
existing PFD limits will facilitate sharing of the 17.7-17.8 GHz band
with minimal risk of interference to fixed service operations. The
Commission has previously determined that the PFD limits are effective
in protecting terrestrial fixed services from interference, considering
that satellite and terrestrial services have long co-existed in these
bands using PFD limits without issue. This is consistent with the lack
of record evidence of interference regarding NGSO FSS systems in the
adjacent 17.8-18.6 GHz band, and the Commission find no evidence that
would support deviating from the established limits in the 17.7-17.8
GHz band. The Commission additionally notes that the Commission has
previously determined that the ITU-R PFD limits in these bands are
scalable to NGSO FSS systems, which integrate the number of satellites
in a constellation, to more effectively protect fixed service
operations.
Adopting internationally consistent power limits simplifies
compliance for both GSO and NGSO operators, as NGSO FSS space systems
are not typically limited to U.S. systems and must meet this ITU PFD
limits outside U.S. territory. Further, the Commission agrees that the
PFD limits in the 17 GHz band should be consistent with those
applicable to the adjacent 17.8-18.3 GHz band and extend the PFD limits
applicable in the 17.7-17.8 GHz band to the 17.3-17.7 GHz band to
harmonize the limits for NGSO FSS operations with existing limits for
GSO FSS and BSS transmissions and bolster protections for incumbent
operators across the entire 17 GHz band.
As discussed previously, receiving NGSO FSS downlinks shall not
claim protection from existing and future stations in the fixed service
operating in the 17.7-17.8 GHz band and NGSO FSS operations must still
comply with the PFD levels detailed in Article 21 of the ITU Radio
Regulations. The Commission notes that GSO FSS and the fixed service
will share the 17.7-18.3 GHz band with NGSO FSS operating on an
unprotected basis, and that the rules should be consistent throughout
the adjacent bands. The Commission therefore extends the PFD limits to
the 17.3-17.7 GHz segment of the 17 GHz band for NGSO FSS systems.
Although the NGSO FSS allocation will be co-primary in the 17.3-17.8
GHz band and subject to the adopted PFD limits, earth stations
operating in the FSS downlink in the 17.7-17.8 GHz band shall not claim
protection from existing and future terrestrial fixed service
operations.
2. Measures To Mitigate Space Path Interference From NGSO FSS Downlinks
In the 17 GHz GSO Order, the Commission adopted technical
requirements applicable to GSO FSS space stations to mitigate space
path interference into DBS receivers. In the 17.3-17.8 GHz reverse-band
sharing environment, receiving DBS space stations are vulnerable to
space path
[[Page 96597]]
interference from nearby co-frequency 17/24 GHz BSS space station
transmissions. The Commission sought comment in the 17 GHz NGSO Notice
on any rules that may need to be modified to enable effective sharing
with NGSO FSS downlink operations and account for any necessary
technical requirements should the Commission permit an NGSO FSS
downlink allocation in the 17.3-17.8 GHz band.
EPFD(is) Limits. Similar to the previously-discussed EPFD limits,
WRC-23 modified Table 22-3 of Article 22 to extend the application of
the inter-satellite equivalent power flux density (EPFD(is)) limits
from the adjacent 17.8-18.4 GHz band to apply to the 17.3-17.7 GHz band
in Regions 1 and 2. WRC-23 additionally added a new footnote, 22.5F.4
to Table 22-3, which details limits to the EPFD(is) radiated by NGSO
systems in the FSS in Region 2 in the 17.3-17.7 GHz band, requiring
that NGSOs operating at any orbital position in Region 2 meet the
EPFD(is) limits for the 17.3-17.7 GHz band with respect to a receiving
space station in the BSS feeder link of Appendix 30A in all three
Regions.
Several commenters discussed the existing EPFD(is) limits detailed
in the ITU Radio Regulations, now applicable to the 17.3-17.7 GHz band
in Region 2, as an effective method to further protect all incumbent
operators in the band from NGSO FSS downlink interference in the 17.3-
17.8 GHz band. Kuiper suggests that sharing between FSS feeder uplinks
for DBS service, GSO FSS operations, and NGSO FSS downlink operations
can be facilitated by applying the EPFD(is) limits in the adjacent
17.8-18.4 GHz band and by requiring coordination between certain DBS
feeder uplink earth stations with individually licensed NGSO FSS
receiving earth stations. Kuiper and the Satellite Companies note that
NGSO FSS space stations have already been permitted to operate NGSO FSS
downlinks in Region 1 in the 17.3-17.8 GHz band under the ITU Radio
Regulations and that space path interference has not occurred at
regional boundaries. Kuiper suggests that the Commission can
incorporate the same proven solutions that have been applied in other
frequencies and regions, like EPFD(is) limits, to successfully manage
coexistence between NGSO FSS and incumbent operations in the 17.3-17.8
GHz band. Further, commenters note that NGSO FSS downlinks already
share spectrum with receiving DBS space stations in the 17.7-18.4 GHz
band and, in Region 1, in the 17.3-17.7 GHz band, and that BSS space
stations only receive protection in the 17.8-18.4 GHz band as a result
of EPFD(is) limits.
Commenters also agree that the EPFD(is) limits will offer
protection to GSO FSS operators, extending beyond protecting DBS feeder
links and BSS incumbent services. DIRECTV and EchoStar specifically
support extending the EPFD(is) limits in the adjacent band to ensure
protection of BSS downlinks and GSO FSS operations, asking the
Commission to apply the same EPFD limits applicable to NGSO FSS
downlinks and inter-satellite links in the 17 GHz band. Viasat also
encouraged the Commission to take action on the 17 GHz band ``so long
as that action is consistent with the extension by WRC-23 of existing
Article 22 EPFD limits to the 17 GHz band.'' Kuiper provided technical
support to demonstrate the effectiveness of EPFD(is) limits, showing
that NGSO FSS operations operating even at the EPFD(is) limit would
still be well below the coordination thresholds for DBS feeder links.
Kuiper also notes that EPFD(is) limits are based on the received power
level at the point of the affected system receiver, making these limits
agnostic to specific design and operational parameters, and considering
that EPFD(is) limits are designed to apply to EPFD from all space
stations in an NGSO FSS system, the ITU is the best body to address
space-path interference concerns that may extend across geographic
boundaries.
Based on the record, the Commission finds that the ITU EPFD(is)
limits applicable to the 17.8-18.3 GHz band are appropriate for
operations in the adjacent 17.3-17.8 GHz band to protect incumbent
operators in the bands from NGSO FSS downlink interference. The
Commission finds that the EPFD(is) limits delineated in Article 22,
Table 22-3 of the Radio Regulations will facilitate sharing of the 17
GHz band amongst NGSO FSS downlink operations and incumbent operations
while further minimizing the potential for inter-satellite interference
caused by NGSO FSS downlinks. The Commission agrees with commenters
that the ITU's established EPFD(is) limits are sufficient to protect
DBS space stations and BSS receive stations from potential
interference, and will mitigate interference concerns of GSO FSS
operators. NGSO FSS operators are required to comply with the ITU
EPFD(is) limits in both the 17.3-17.7 GHz and 17.7-17.8 GHz band as
reflected in the modification to Sec. 25.146(a)(2) of the Commission's
rules adopted in the Report and Order.
Off-axis Power Flux Density Coordination Trigger. In the 17 GHz GSO
Order, the Commission modified Sec. 25.264(b)(1) and (2) of the rules
and extended a PFD trigger of -117 dBW/m\2\/100 kHz, applicable to BSS
space station transmissions, to FSS space station transmissions in the
band. DIRECTV and EchoStar ask the Commission to adopt the same PFD
coordination trigger as adopted in the 17 GHz GSO Order to NGSO FSS
transmissions in the 17.3-17.8 GHz band to ensure that GSO FSS and BSS
operations are protected from NGSO operations, in addition to the
previously-discussed EPFD(is) limits. Kuiper disagrees with this
proposal, arguing that applying this same coordination trigger to NGSO
FSS systems is redundant and not necessary to protect DBS space
stations from NGSO FSS operations because the ITU Radio Regulations
already require compliance with EPFD(is) limits to protect feeder links
to GSO systems, and that further studies demonstrate that EPFD(is)
limits are effective at protecting DBS space stations from
interference. Kuiper also notes that NGSO FSS stations have already
been permitted to operate downlinks in Region 1 in the International
Table and the space-to-space interference path does not exist between
regions. The Satellite Companies also disagree, arguing that a PFD
coordination trigger is not needed to protect DBS feeder links from
space-path interference and that their proposed solution for EPFD(is)
limits renders a PFD coordination trigger superfluous.
The Commission concludes that the ITU EPFD(is) limits provide a
more stringent standard than a PFD coordination trigger to protect DBS
space stations from potential interference via NGSO FSS operations.
DIRECTV and EchoStar offer no evidence of interference to GSO FSS and
BSS stations or technical studies demonstrating the need for a PFD
coordination trigger for NGSO FSS operations and thus the Commission
does not see a need to deviate from the existing EPFD(is) limits.
Accordingly, the Commission declines to adopt a PFD coordination
trigger for NGSO FSS systems and clarifies that the ITU EPFD(is) limits
adopted for the 17.3-17.7 GHz band under Article 22 of the Radio
Regulations will apply to the full 17.3-17.8 GHz band and will be
applicable pursuant to Sec. 25.146(a)(2) of the Commission's rules to
protect DBS space stations from potential interference.
Arc Avoidance Angle. DIRECTV and EchoStar, jointly, and Viasat
propose that the Commission should establish an effective arc avoidance
angle, or an
[[Page 96598]]
``exclusion zone,'' around the GSO arc from NGSO FSS transmissions.
Specifically, DIRECTV and EchoStar propose that the Commission require
NGSO FSS satellite transmitters to maintain a minimum of 25 dB
reduction from maximum equivalent isotropically radiated power (EIRP)
in the direction of the GSO arc, arguing that such an exclusion zone is
consistent with ITU Recommendations S. 1528. Viasat proposes that NGSO
FSS systems operate with a ``suitable avoidance angle with respect to
the GSO arc'' in the 17.3-17.8 GHz band.
Kuiper disagrees, arguing that DIRECTV and EchoStar do not specify
what interference concerns this restriction would potentially address,
nor do they provide a technical demonstration that such operational
restrictions are necessary to prevent harmful interference. Kuiper and
SpaceX argue that existing solutions in the 17 GHz band and adjacent
bands render this an arc avoidance angle unnecessary, specifically
EPFD(is) limits and EPFD protection for BSS services, and offer
technical analysis demonstrating that DBS stations and BSS operators
are sufficiently protected from NGSO FSS transmissions under the
EPFD(is) limits. Kuiper also notes that DIRECTV and EchoStar's proposal
fails to account for differences in operational parameters between NGSO
systems and would result in inconsistent received power levels at the
GSO arc depending on these specific parameters. Further, Kuiper argues
that DIRECTV and EchoStar's proposal to allow NGSO FSS applicants to
obtain a certification from either the Commission or the ITU of EPFD
compliance would be an inefficient use of resources because the ITU
will still perform its own analysis to determine compliance and a new
compliance framework would unnecessarily delay the deployment of more
robust NGSO FSS operations in the 17 GHz band. Either way, Kuiper finds
that the ITU is the best body to address any space-path interference
concerns, not the Commission.
While arc avoidance angles can be used to address interference,
they vary from system to system, and there is not enough technical
evidence in the record to support adopting a specific avoidance angle
or deviating from the EPFD limits. As the Commission requires in the
Report and Order, NGSO FSS operators in the 17 GHz band must comply
with applicable ITU EPFD limits, which include arc avoidance angles as
part of EPFD compliance. Section 25.289 of the Commission's rules
expressly states that if an NGSO FSS licensee is operating in
compliance with applicable ITU EPFD limits, the licensee has fulfilled
its obligation to not cause unacceptable interference to any GSO
network. NGSO FSS applicants are also required to include in each
application for service the information required by Sec. 25.146, which
includes the ITU EPFD and PFD limits discussed in the Report and Order,
in the narrative of the application pursuant to Sec. 25.114(d)(12) of
the Commission's rules. As discussed previously, and as supported by
Kuiper's ex parte, the Commission concludes that the EPFD(is) limits
provide sufficient protection for GSO FSS operators, negating the need
for non-system-specific arc avoidance angles. Prior to initiating
service, an NGSO FSS operator licensed or holding a market access
authorization to operate in the 10.7-30.0 GHz range must receive a
``favorable'' or ``qualified favorable'' finding by the ITU
Radiocommunication Bureau demonstrating compliance with the applicable
ITU EPFD limits, which includes EPFD(is) limits, ensuring that any NGSO
FSS operator is in compliance with these international limits prior to
operation. The Commission finds that technical conditions adopted in
the Report and Order in combination with the existing frameworks to
ensure NGSO FSS operators comply with the ITU's established power
limits in the 17.3-17.7 GHz and 17.7-17.8 GHz band will protect GSO FSS
operations in the 17.3-17.8 GHz band without requiring compliance with
a more stringent arc avoidance angle.
The Commission notes that in particular circumstances, NGSO FSS and
GSO FSS operators may jointly conclude that compliance with all
applicable EPFD limits may not sufficiently protect the specific GSO
FSS operations from in-line events, in which case GSO and NGSO FSS
operators may coordinate to implement a protective arc avoidance angle.
The Commission confirms that GSO FSS and NGSO FSS operators are
permitted to enter into coordination agreements to specify a negotiated
arc avoidance angle that is more protective than the angle detailed in
the ITU EPFD input data files for systems operating in the 17.3-17.8
GHz band.
Additionally, the Commission declines to adopt DIRECTV and
EchoStar's proposal to create a process that would allow NGSO FSS
operators to obtain a finding of EPFD compliance from the Commission as
an alternative to an ITU finding of compliance. The Commission has
previously determined that since NGSO FSS operators are required to use
the ITU-approved validation software to assess compliance with EPFD
limits, the Commission's review would duplicate that performed by the
ITU Radio Communication Bureau. The Commission reaches the same
conclusion in the Report and Order. Further, there is no record to
support adopting a separate compliance framework that would function as
an alternative to the ITU process and any such framework for
independent Commission review is outside the scope of this proceeding.
3. Measures To Mitigate Ground Path Interference From Earth Station
Operations
In the 17 GHz GSO Order, the Commission adopted technical
requirements and coordination procedures to protect 17.3-17.8 GHz band
receiving FSS earth stations from ground path interference arising from
uplink transmissions from nearby co-frequency DBS feeder link earth
stations. The Commission amended Sec. 25.203 of the rules to apply the
coordination approach used to facilitate operations between DBS and 17/
24 GHz BSS earth stations to FSS earth stations in the entire 17.3-17.8
GHz band, although FSS earth stations would not be entitled to
protection from terrestrial fixed service stations in the 17.7-17.8 GHz
band. In the 17 GHz GSO Order, the Commission adopted rules to extend
interference protection to individually licensed FSS receiving earth
stations and facilitate authorization of blanket-licensed FSS earth
stations and ESIMs on an unprotected basis in the 17.3-17.8 GHz band.
Individual and Blanket-Licensed Earth Stations and ESIMs. The 17
GHz GSO Order amended Sec. 25.115(e) of the rules to facilitate
individual and blanket-licensed FSS earth stations in the 17.3-17.8 GHz
band, with blanket licensed earth stations operating on an unprotected
basis with respect to feeder links and all receiving FSS earth stations
operating on an unprotected basis with respect to the fixed service in
the 17.7-17.8 GHz band. The Commission also amended Sec. 25.202 and
footnote NG527A to streamline authorization of receiving ESIM earth
stations on an unprotected basis in the band, finding that such
receiving stations do not pose an interference threat to other services
and will not place any undue coordination burden on incumbent operators
if they are operating on an unprotected basis.
Commenters in the record voiced support for taking a similar
approach in this proceeding and authorizing blanket-licensed earth
stations and ESIMs receiving from NGSO FSS systems in
[[Page 96599]]
the 17 GHz band. Mangata believes that any concerns from fixed services
providers about ESIMs receiving in the 17.3-17.8 GHz band are
misplaced, noting that there is little difference between an ESIM and
fixed FSS terminals with respect to transmission and that the PFD
limits will sufficiently protect terrestrial fixed services from
potential interference from NGSO transmissions, including receiving
ESIMs. Kuiper also supports permitting blanket-licensed earth stations
and ESIMs to operate in the 17 GHz band on an unprotected basis,
consistent with the approach in the 17 GHz GSO Order. Kuiper asserts
that allowing NGSO ESIMs in the band will provide improved connectivity
and enhanced vehicle diagnostics in areas that GSO ESIMs may not be
able to reach, and that allowing both GSO and NGSO ESIMs will encourage
competition and use the available spectrum more intensively. SpaceX
also agrees that the Commission can extend the existing technical rules
adopted for GSO FSS use to apply to NGSO FSS operations, including
allowing blanket licensed earth station and ESIMs operations on an
unprotected basis. SpaceX further notes that NGSO ESIMs can help to
supplement gaps in service for maritime, airborne, and land operations,
and that the Commission has already determined that allowing blanket
licensing on an unprotected basis in the band will increase FSS
operators' ability to use the band more efficiently for advanced
satellite services without risk of interference to other services.
The Commission concluded in the 17 GHz GSO Order that blanket-
licensed earth stations and ESIMs operating on an unprotected basis in
the 17.3-17.8 GHz band pose no interference threat to other services,
nor will they place any undue coordination burden on incumbent
operators. The Commission determined that it is in the public interest
to allow these operations to increase FSS operators' flexibility to use
the band more efficiently for the provisioning of advanced satellite
services for the benefit of American consumers. With respect to
concerns about the potential for harmful interference to terrestrial
fixed services, the Commission found that the risk of interference is
minimal and that the technical standards adopted in the 17 GHz GSO
Order are sufficient to protect those services irrespective of whether
or not blanket-licensed earth stations or ESIMs would be permitted in
the band.
The Commission finds that it is in the public interest to take the
same approach in this proceeding and accordingly extend the
authorization of individual and blanket-licensed earth stations in the
17.3-17.8 GHz band to include NGSO FSS earth stations. The Commission
modifies Sec. 25.115(f)(2) of the Commission's rules to permit
individual or blanket licensed earth stations in the 17.3-17.8 GHz band
by amending the rule to include the 17.3-17.7 GHz band and the 17.7-
17.8 GHz band as authorized bands for operation of individual or
blanket license applications. Additionally, the Commission clarifies
that blanket licensing in the 17.7-17.8 GHz band is on an unprotected
basis with respect to current and future systems operating in the fixed
service. Section 25.202(a)(10)(iii) of the Commission's rules is also
revised to add the ``17.3-17.7 GHz (space-to-Earth)'' and ``17.7-17.8
GHz (space-to-Earth)'' frequency bands to the list of frequencies
available for use by ESIMs communicating with NGSO FSS space stations.
Accordingly, the Commission also modifies Sec. 2.106(d)(527)(vi) (non-
Federal government NG527A of the U.S. Table) to reflect this
allocation.
C. Digital Equity and Inclusion
In the 17 GHz NGSO Notice, the Commission noted its continuing
efforts to advance digital equity for all, including people of color,
persons with disabilities, persons who live in rural or Tribal areas,
and others who are or have been historically undeserved, marginalized,
or adversely affected by persistent poverty or inequality.
Specifically, the Commission asked for comment on any equity-related
considerations and benefits associated with the proposals included in
the 17 GHz NGSO Notice, and how such proposals may promote or inhibit
advances in diversity, equity, and inclusion, and accessibility, as
well as the scope of the Commission's relevant legal authority.
Several parties commented on how digital equity and inclusion can
be advanced with the proposals included in the 17 GHz NGSO Notice.
Kuiper asserts that allocating the 17.3-17.8 GHz band to NGSO FSS
systems will increase the availability and quality of satellite
broadband services, as NGSO FSS systems are well positioned to reach
consumers in rural or impoverished areas and can help to mitigate
disproportionate impacts of inadequate connectivity in these areas.
Additionally, Kuiper notes that opening the band to NGSO FSS will help
to bridge the digital divide by allowing for a greater variety of
service providers offering more cost-effective broadband offerings to
consumers and businesses, thereby creating more accessible and
affordable service options and increasing competition for consumers in
remote or rural regions. SpaceX asserts that opening the 17 GHz band
for NGSO FSS use presents an opportunity to provide critical broadband
connectivity to consumers and businesses in all areas of the country
with high-capacity, low latency broadband services. The Satellite
Companies also note that permitting an NGSO FSS allocation in the 17
GHz band will allow for more efficient and intensive use of the band,
in turn allowing consumers greater access to reliable satellite-enabled
services in even the most remote locations and will help to meet the
growing demands for spectrum resources for advanced, next-generation
satellite services. Mangata agrees, asserting that the additional
downlink capacity will further the Commission's goals of delivering
high-speed broadband to unserved and underserved consumers, businesses,
schools, and healthcare facilities.
The Commission agrees with commenters' positions that permitting
NGSO FSS downlink operations in the 17 GHz band will provide increased
availability of satellite services, resulting in greater and more
reliable broadband services to consumers in rural and underserved areas
and to all Americans. The Commission also agrees that these efforts to
increase connectivity to historically underserved communities are in
line with the Commission's mandate under the Communications Act and
efforts to comply with Executive Order 13985. With these critical
considerations in mind, the actions taken in the Report and Order to
authorize NGSO FSS services in the 17 GHz band are aimed at increasing
accessibility, supporting technological innovation and competition, and
furthering the Commission's goal of increasing connectivity for all
consumers.
IV. Final Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA), an Initial Regulatory Flexibility Analysis (IFRA) was
incorporated in the 17 GHz NGSO Notice. The Commission sought written
public comment on the proposals in the 17 GHz NGSO Notice, including
comment on the IFRA. No comments were received on the IFRA. The Final
Regulatory Flexibility Analysis (FRFA) in the Report and Order conforms
to the RFA.
[[Page 96600]]
A. Need for, and Objectives of, the Report and Order
The Report and Order allocates spectrum for NGSO FSS downlink
operations in the 17.3-17.7 GHz and 17.7-17.8 GHz frequency bands. More
specifically, the Commission permits use of the 17.3-17.7 GHz band by
NGSO FSS in the space-to-Earth (downlink) direction on a co-primary
basis with incumbent services and on a shared, co-primary basis with
geostationary satellite orbit space stations. The Commission also
permits NGSO FSS downlink use of the 17.7-17.8 GHz on a co-primary
basis with GSO FSS downlink operations and permit authorization of
receiving FSS receiving earth stations and on a shared basis with
respect to GSO FSS downlink operations. In addition, the Report and
Order adopts technical standards to prevent harmful interference from
NGSO satellites to incumbent service operations, geostationary
satellite orbit operations, and terrestrial fixed services operating in
the 17 GHz band. The Commission finds that NGSO in the FSS can share
the 17 GHz band in an efficient and effective manner with GSO FSS and
incumbent terrestrial fixed service without causing harmful
interference. The rules adopted in the Report and Order will continue
to facilitate the deployment of NGSO FSS systems capable of providing
advanced satellite communication services across the nation, promote
growth and innovation within the domestic and global space economy, and
promote competition among NGSO FSS system operators in the provision of
satellite communications services to consumers, as well as continue to
advance the Commission's goal of furthering the efficient use of
spectrum.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IFRA
There were no comments filed that specifically addressed the rules
and policies in the IFRA.
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. The Chief Counsel did not file any
comments in response to the proposed rules in this proceeding.
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 in the Report and Order. The RFA
generally defines the term ``small entity'' as having the same meaning
as the terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' In addition, the term ``small business''
has the same meaning as the term ``small business concern'' under the
Small Business Act. A ``small business concern'' is one which: (1) is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
SBA.
Satellite Telecommunications. The 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.'' Satellite
telecommunications service providers include satellite and earth
station operations. The SBA small business size standard for this
industry classifies a business with $44 million or less in annual
receipts as small. U.S. Census Bureau data for 2017 show that 275 firms
in this industry operated for the entire year. Of this number, 242
firms had revenue of less than $25 million. Additionally, based on
Commission data in the 2022 Universal Service Monitoring Report, as of
December 31, 2021, there were 65 providers that reported they were
engaged in the provision of satellite telecommunications services. Of
these providers, the Commission estimates that approximately 42
providers have 1,500 or fewer employes. Consequently, using the SBA's
small business size standard, a little more than half of these
providers can be considered small entities.
All Other Telecommunications. This industry is comprised of
establishments primarily engaged in providing specialized
telecommunications services, such as satellite tracking, communications
telemetry, and radar station operation. This industry also includes
establishments primarily engaged in providing satellite terminal
stations and associated facilities connected with one or more
terrestrial systems and capable of transmitting telecommunications to,
and receiving telecommunications from, satellite systems.
Establishments providing internet services or voice over internet
protocol (VoIP) services via client-supplied telecommunications
connections are also included in this industry. Establishment in this
industry do not operate as telecommunications carriers. The SBA small
business size standard for this industry classifies firms with annual
receipts of $40 million or less as small. U.S. Census Bureau data for
2017 show that there were 1,079 firms in this industry that operated
for the entire year. Of those firms, 1,039 had revenue of less than $25
million. Based on this data, the Commission estimates that the majority
of ``All Other Telecommunications'' firms can be considered small.
E. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
The Report and Order adopts several rule changes that would affect
compliance requirements for entities operating NGSO FSS systems in the
17 GHz band. For example, the Report and Order adopts rules for
operations by NGSO FSS operators in the 17.3-17.8 GHz band, including
revisions to some existing technical requirements that will now apply
to these FSS operations. With regard to compliance costs that could
result from requirements adopted in this proceeding, the record does
not include the requisite cost analysis or information that would allow
the Commission to quantify the costs of compliance for any impacted
small entities, including whether it will be necessary for small
entities to hire professionals to comply with the adopted rules. In
total, the actions in the Report and Order 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 provide, ``a description of the steps
the agency has taken to minimize the significant economic impact on
small entities . . . including a statement of the factual, policy, and
legal reasons for selecting the alternative adopted in the final rule
and why each one of the other significant alternatives to the rule
considered by the agency which affect
[[Page 96601]]
the impact on small entities was rejected.''
In the Report and Order, the Commission considers whether and how
to apply various technical rules to enable NGSO FSS operations to share
the 17.3-17.8 GHz band with other services in an efficient and
effective manner while protecting other authorized users of the band
from harmful interference. This includes consideration, for example, of
power levels 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 additional technical information prior to
satellite operation, instead requiring that NGSO FSS applicants submit
information that operators will have already prepared and submitted to
international bodies for review and certification. The Commission also
declines to impose reporting requirements that would require operators
to gather or produce any new other data specific to the rules adopted
in the Report and Order.
With regard to EPFD limits applicable to the 17.8-18.4 GHz band,
the Commission considers and extends the EPFD limits applicable to the
17.8-18.4 GHz band to the adjacent 17.3-17.7 GHz band, and similarly
extends these EPFD limits to the 17.7-17.8 GHz band. The Commission
agrees with commenters that the existing EPFD limits are sufficient to
protect DBS space stations and BSS receive stations from potential
interference, and are sufficient to address concerns raised by GSO FSS
operators that proposed an exclusion zone angle. Therefore, the
Commission declines to adopt additional requirements which could
increase the economic impact and burden of compliance with the Report
and Order. The Commission also declines to require additional technical
showings regarding arc avoidance angle compliance in applications for
NGSO licenses which would add an additional component to the
application requirements and could increase the burden of compliance.
Similarly regarding coordination, consistent with commenters' positions
that the Commission has sufficient frameworks in place for sharing and
coordination between NGSO and GSO operators, the Commission declines to
modify these existing frameworks to add an additional compliance
approval process in this proceeding. Overall, the Commission's actions
not to impose certain new and/or additional reporting and other
requirements will help minimize the economic impact and reduce the
compliance burdens for small and other affected licensees.
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. 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.
V. Ordering Clauses
Accordingly, it is ordered that, pursuant to the authority found in
Sec. Sec. 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), and 303(r), the Report and Order is hereby
adopted.
It is further ordered that the Report and Order, including the
rules set forth at Appendix A, shall be effective 30 days after
publication in the Federal Register.
It is further ordered that the Commission's Office of the Secretary
shall send a copy of the Report and Order, including the Final
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration.
It is further ordered that the Commission's Office of the Managing
Director, Performance and Program Management, shall send a copy of the
Report and Order in a report to be sent to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A).
List of Subjects
47 CFR Part 2
Communications, Satellites, Telecommunications.
47 CFR Part 25
Incorporation by reference, Satellites.
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. Amend Sec. 2.106 by revising paragraphs (d)(58)(i) and (iv) and
(d)(527)(vi) to read as follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
(d) * * *
(58) * * *
(i) The use of the band 17.3-17.8 GHz by the broadcasting-satellite
service is limited to geostationary satellites.
* * * * *
(iv) 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 and non-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 the band.
* * * * *
(527) * * *
(vi) In the band 17.3-17.8 GHz, ESIMs may be authorized for the
reception of FSS emissions from geostationary satellites and non-
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. 25.115 by revising paragraph (f)(2) to read as follows:
Sec. 25.115 Applications for earth station authorizations.
* * * * *
(f) * * *
(2) Individual or blanket license applications may be filed for
operation in the 10.7-12.7 GHz, 14-14.5 GHz, 17.3-17.7 GHz, 17.7-17.8
GHz, 17.8-18.6 GHz, 18.8-19.4 GHz, 19.6-20.2 GHz, 28.35-29.1 GHz, or
29.5-30.0 GHz bands; however, ESIMs cannot operate in the 28.35-28.4
GHz band and blanket licensing in the 10.7-11.7 GHz, 17.7-17.8 GHz,
17.8-18.3 GHz, 19.3-19.4 GHz, and 19.6-19.7 GHz bands is on an
unprotected basis with respect to current and future systems operating
in the fixed service.
* * * * *
0
5. Amend Sec. 25.124 by revising paragraph (a)(6) to read as follows:
Sec. 25.124 Unified space station and earth station authorization.
(a) * * *
[[Page 96602]]
(6) NGSO FSS: 10.7-12.7 GHz, 14.4-14.5 GHz, 17.3-17.8 GHz, 17.8-
18.6 GHz, 18.8-19.4 GHz, 19.6-20.2 GHz, 28.35-29.1 GHz, 29.5-30.0 GHz,
40-42 GHz, and 48.2-50.2 GHz;
* * * * *
0
6. Amend Sec. 25.146 by revising paragraphs (a)(1) and (2) to read as
follows:
Sec. 25.146 Licensing and operating provisions for NGSO FSS space
stations.
(a) * * *
(1) Any applicable power flux-density levels in Article 21, Section
V, Table 21-4 of the ITU Radio Regulations (incorporated by reference,
Sec. 25.108), except:
(i) in the 19.3-19.4 GHz and 19.6-19.7 GHz bands, applicants must
certify that they will comply with the ITU power flux-density limits
governing NGSO FSS systems in the 17.7-19.3 GHz band; and
(ii) in the 17.3-17.7 GHz band, applicants must certify that they
will comply with the ITU power flux-density limits governing NGSO FSS
systems in the 17.7-17.8 GHz band; and
(2) Any applicable equivalent power flux-density levels in Article
22, Section II, and Resolution 76 of the ITU Radio Regulations (both
incorporated by reference, Sec. 25.108), except that for operations in
the 17.3-17.8 GHz band, applicants must certify that they will comply
with the ITU equivalent power flux-density limits applicable to NGSO
FSS system operations in the 17.8-18.4 GHz band.
* * * * *
0
7. Amend Sec. 25.202 by revising paragraphs (a)(1)(iii) and
(a)(10)(iii) to read as follows:
Sec. 25.202 Frequencies, frequency tolerance, and emission limits.
(a) * * *
(1) * * *
(iii) The U.S. non-Federal Table of Frequency Allocations, in Sec.
2.106 of this chapter, is applicable between Commission space station
licensees relying on a U.S. ITU filing and transmitting to or receiving
from anywhere on Earth, including airborne earth stations, in the 17.3-
20.2 GHz or 27.5-30.0 GHz bands.
* * * * *
(10) * * *
(iii) The following frequencies are available for use by Earth
Stations in Motion (ESIMs) communicating with NGSO FSS space stations,
subject to the provisions in Sec. 2.106 of this chapter:
10.7-11.7 GHz (space-to-Earth)
11.7-12.2 GHz (space-to-Earth)
14.0-14.5 GHz (Earth-to-space)
17.3-17.7 GHz (space-to-Earth)
17.7-17.8 GHz (space-to-Earth)
17.8-18.3 GHz (space-to-Earth)
18.3-18.6 GHz (space-to-Earth)
18.8-19.3 GHz (space-to-Earth)
19.3-19.4 GHz (space-to-Earth)
19.6-19.7 GHz (space-to-Earth)
19.7-20.2 GHz (space-to-Earth)
28.4-28.6 GHz (Earth-to-space)
28.6-29.1 GHz (Earth-to-space)
29.5-30.0 GHz (Earth-to-space)
* * * * *
[FR Doc. 2024-28390 Filed 12-4-24; 8:45 am]
BILLING CODE 6712-01-P
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