Proposed Rule2024-29833
Wireless Telecommunications Bureau Seeks Comment on Licensing and Coordination Procedures for the Space Launch Service
Primary source
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Published
December 23, 2024
Issuing agencies
Federal Communications Commission
Abstract
In this Public Notice, the Wireless Telecommunications Bureau (Bureau) makes proposals and seeks comment on issues related to the Federal Communications Commission's (Commission) Space Launch Service. In particular, it proposes licensing and frequency coordination procedures and data requirements for Space Launch Service licensees seeking Commission authorization to perform non-Federal space launch operations in the 2025-2110 MHz, 2200-2290 MHz, and 2360-2395 MHz bands. Filers responding to this Public Notice should submit comments in ET Docket No. 13-115.
Full Text
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[Federal Register Volume 89, Number 246 (Monday, December 23, 2024)]
[Proposed Rules]
[Pages 104502-104508]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29833]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 26
[ET Docket No. 13-115; DA 24-1232; RIN 3060-AL44; FRS 268468]
Wireless Telecommunications Bureau Seeks Comment on Licensing and
Coordination Procedures for the Space Launch Service
AGENCY: Federal Communications Commission.
ACTION: Notification.
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SUMMARY: In this Public Notice, the Wireless Telecommunications Bureau
(Bureau) makes proposals and seeks comment on issues related to the
Federal Communications Commission's (Commission) Space Launch Service.
In particular, it proposes licensing and frequency coordination
procedures and data requirements for Space Launch Service licensees
seeking Commission authorization to perform non-Federal space launch
operations in the 2025-2110 MHz, 2200-2290 MHz, and 2360-2395 MHz
bands. Filers responding to this Public Notice should submit comments
in ET Docket No. 13-115.
DATES: Interested parties may file comments on or before January 22,
2025.
ADDRESSES: You may submit comments, identified by ET Docket No. 13-115,
by any of the following methods:
<bullet> Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS).
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing ECFS: <a href="https://www.fcc.gov/ecfs/">https://www.fcc.gov/ecfs/</a>.
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
[cir] Filings can be sent by hand or messenger delivery, by
commercial overnight courier, or by First-Class or overnight U.S.
Postal Service mail. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
[cir] All hand-delivered or messenger-delivered paper filings for
the Commission's Secretary are accepted between 8 a.m. and 4 p.m. at
9050 Junction Drive, Annapolis Junction, MD 20701. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes and
boxes must be disposed of before entering the building.
[cir] Commercial overnight deliveries (other than U.S. Postal
Service Express Mail and Priority Mail) must be sent to 9050 Junction
Drive, Annapolis Junction, MD 20701.
U.S. Postal Service First-Class, Express, and Priority mail must be
addressed to Secretary, Federal Communications Commission, 45 L St. NE,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Mark DeSantis, Wireless
Telecommunications Bureau, Mobility Division, (202) 418-0678 or
<a href="/cdn-cgi/l/email-protection#7c111d0e175218190f1d1208150f3c1a1f1f521b130a"><span class="__cf_email__" data-cfemail="1875796a73367c7d6b79766c716b587e7b7b367f776e">[email protected]</span></a>. For information regarding the PRA information
collection requirements, contact Cathy Williams, Office of Managing
Director, at 202-418-2918 or <a href="/cdn-cgi/l/email-protection#c98aa8bda1b0e79ea0a5a5a0a8a4ba89afaaaae7aea6bf"><span class="__cf_email__" data-cfemail="8fcceefbe7f6a1d8e6e3e3e6eee2fccfe9ececa1e8e0f9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the WTB Public Notice,
ET
[[Page 104503]]
Docket No. 13-115; DA 24-1232, released on December 6, 2024. The
released, formatted version of this document is available at <a href="https://docs.fcc.gov/public/attachments/DA-24-1232A1.pdf">https://docs.fcc.gov/public/attachments/DA-24-1232A1.pdf</a>. Text and Microsoft
Word formats are also available (replace ``.pdf'' in the link with
``.txt'' or ``.docx'', respectively. Alternative formats are available
for people with disabilities (braille, large print, electronic files,
audio format), by sending an email to <a href="/cdn-cgi/l/email-protection#21474242141115614742420f464e57"><span class="__cf_email__" data-cfemail="62040101575256220401014c050d14">[email protected]</span></a> or call the
Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530
(voice), (202) 418-0432 (TTY).
Providing Accountability Through Transparency Act
Consistent with the Providing Accountability Through Transparency
Act, Public Law 118-9, a summary of this Public Notice will be
available on <a href="https://www.fcc.gov/proposed-rulemakings">https://www.fcc.gov/proposed-rulemakings</a>.
Ex Parte Rules
The proceeding this document initiates shall be treated as a
``permit-but-disclose'' proceeding in accordance with the Commission's
ex parte rules. Persons making ex parte presentations must file a copy
of any written presentation or a memorandum summarizing any oral
presentation within two business days after the presentation (unless a
different deadline applicable to the Sunshine period applies). Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentation must (1) list all persons attending or
otherwise participating in the meeting at which the ex parte
presentation was made; and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda, or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where
such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with Sec. 1.1206(b) of the Commission's rules. In
proceedings governed by Sec. 1.49(f) of the rules or for which the
Commission has made available a method of electronic filing, written ex
parte presentations and memoranda summarizing oral ex parte
presentations, and all attachments thereto, must be filed through the
electronic comment filing system available for that proceeding, and
must be filed in their native format (e.g., .doc, .xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize
themselves with the Commission's ex parte rules.
Supplemental Initial 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.'' If an agency files a
certification with a rulemaking, the certification must contain a
statement that provides a factual basis for its conclusion that there
will not be significant economic impact on a substantial number of
small entities. Accordingly, the Commission has prepared an Initial
Regulatory Flexibility Certification (IRFC) certifying that any rules
subject to the RFA that may be contained in this Public Notice will not
have a significant economic impact on a substantial number of small
entities.
Paperwork Reduction Act Analysis
This Public Notice may contain proposed modified information
collection requirements. The Commission, as part of its continuing
effort to reduce paperwork burdens, invites the general public and the
Office of Management and Budget to comment on the information
collection requirements contained in this Public Notice, as required by
the Paperwork Reduction Act of 1995, Public Law 104-13. In addition,
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law
107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment on how we
might further reduce the information collection burden for small
business concerns with fewer than 25 employees.
Synopsis
By this Public Notice, as directed by the Commission in the Second
Report and Order in this proceeding (89 FR 63296-01, August 5, 2024),
the Wireless Telecommunications Bureau (Bureau) proposes and seeks
comment on certain licensing and coordination procedures for the new
commercial Space Launch Service. As detailed below, these include: the
technical data to be provided to the Commission for purposes of
registering launch sites, corresponding stations, and coordinated
launches under a non-exclusive, nationwide space launch license; and
the required procedures and data submissions for space launch operators
to coordinate each individual launch with both Federal and non-Federal
users via a third-party frequency coordinator to be selected at a later
date. The Bureau issues this Public Notice at this time as part of an
effort to meet the statutorily mandated deadlines set forth in the
Launch Communications Act.
I. Background
In the Second Report and Order, the Commission adopted a secondary
allocation in the 2025-2110 MHz band for non-Federal Space Operation
and, with respect to the 2200-2290 MHz band, lifted a prior restriction
limiting such operations to four sub-bands, thus making the entire band
available on a secondary basis for non-Federal Space Operation. These
allocations are subject to various conditions, including being limited
to pre-launch testing and space launch operations. The Commission also
adopted a licensing framework for these two bands under a new part 26
Space Launch Service. Through that framework, eligible space launch
operators seeking authorization in either band will: (1) apply for and
obtain a non-exclusive nationwide license via the Commission's
Universal Licensing System (ULS); (2) register in ULS their launch
sites and operational parameters, space launch vehicle stations, and
each corresponding station (fixed, base, itinerant, or mobile) needed
to support a launch; (3) complete a frequency coordination process
using a third-party frequency coordinator; and (4) following successful
coordination, register in ULS the technical and operating parameters
associated with each specific coordinated launch prior to commencing
operations.
The Launch Communications Act. Following the Commission's adoption
of the Second Report and Order, Congress enacted the Launch
Communications Act (LCA) on September 26, 2024. The LCA requires
Commission action with respect to three frequency bands: the 2025-2110
MHz and 2200-2290 MHz bands that were the subject of the Second Report
and Order, and the 2360-2395 MHz band, upon which the Commission sought
comment in the Second Further Notice (89 FR 6488-01, February 1, 2024).
The LCA first requires the Commission, within 90 days of the LCA's
enactment, to allocate each of these bands on a secondary basis for
commercial space launches and
[[Page 104504]]
reentries and to complete any proceeding in effect related to the
adoption of service rules for these three bands. The Commission also
must issue, within 180 days of the LCA's enactment, new regulations to
streamline the process for granting authorizations for access to these
three bands. These new regulations must provide for, among other
things: (1) authorizations that include multiple uses of the
frequencies for multiple launches and reentries from one or more
private and Federal launch and reentry sites; (2) electronic filing and
processing of applications for access to such frequencies for
commercial space launches and reentries; and (3) improved coordination
with the National Telecommunications and Information Administration
(NTIA) to increase the speed of review of applications for
authorizations to access frequencies for space launch and reentry
through increased automation similar to an approach currently used for
the 70/80/90 GHz bands.
In the Second Report and Order, the Commission delegated authority
to the Bureau to issue a public notice proposing and seeking comment on
issues related to the licensing framework for the Space Launch Service
to refine the application process and accommodate frequency
coordination, including required information for license registrations
and frequency coordination requests. Accordingly, below we propose
application and frequency coordination procedures for the Space Launch
Service, which at present includes the 2025-2110 and 2200-2290 MHz
bands, two of the three frequency bands identified in the LCA. Given
the LCA's requirement, however, that the Commission ``complete a
proceeding in effect'' within 90 days of enactment, the Bureau
anticipates that the Commission would benefit from development of a
record that includes the issues included in this Public Notice. We
therefore propose in this Public Notice procedures that would apply not
only to the 2025-2110 MHz and 2200-2290 MHz bands, but also to the
2360-2395 MHz band, to the extent the Commission reallocates the 2360-
2395 MHz band on a secondary basis for Space Operation and incorporates
it into the part 26 space launch licensing framework. This proposed
approach is intended to increase administrative efficiency and provide
regulatory certainty for Space Launch Service applicants and licensees
regarding statutorily required implementation of the LCA for space
launch and re-entry operations. We clarify that the proposals in this
Public Notice, and any final action taken through subsequent Bureau
public notice(s) following review of the record, are subject to
Commission action taken pursuant to the LCA's requirements, including
any additional Commission delegation of authority to the Bureau to
clarify and establish procedures regarding the 2360-2395 MHz band.
II. Licensing Process
A. Application for Nationwide License
In the Second Report and Order, the Commission adopted rules
requiring a space launch provider seeking authorization to first file
an application in ULS for a nationwide, non-exclusive license. The
Commission determined that eligible space launch operators interested
in obtaining a nationwide, non-exclusive license can do so on the
condition that they will cooperate with and avoid harmful interference
to co-frequency entities and complete coordination efforts to avoid in-
band interference. Applicant qualification for these non-exclusive
nationwide licenses will be assessed in accordance with FCC Form 601
and the Commission's rules. The grant of a nationwide license will
serve as a prerequisite for a licensee to register launch sites and
individual stations in ULS.
For purposes of applying for this nationwide license, the
Commission determined that a space launch operator would only need to
provide administrative information using FCC Form 601. An applicant for
a nationwide, non-exclusive license is required to use ULS to file FCC
Form 601 electronically. Detailed instructions for submitting license
applications in ULS will be announced in a subsequent public notice.
B. Launch Site and Station Registrations
Once a space launch operator has obtained a nationwide, non-
exclusive license, the next step towards authorizing a particular
launch is for the licensee, prior to seeking frequency coordination, to
electronically register launch sites and individual fixed, base,
itinerant, and mobile stations associated with a specific launch in
ULS. We propose that launch vehicles will be registered as mobile
stations, but with additional technical details required beyond those
required for terrestrial mobile stations, as outlined below. We seek
comment below on the appropriate data to be required for each launch
and station site in an initial station registration.
1. Data for Initial Registration
Pursuant to the Bureau's delegated authority to seek comment on and
refine the application process, we propose and seek comment on the
specific data to be collected as part of initial registration of launch
sites and individual stations. The Bureau proposes that a licensee
would include the following data:
1. Launch site details:
a. Launch site name and launch designation (if applicable);
b. Geographic coordinates referenced to NAD83 (i.e., lat/long);
c. Address; and
d. Whether the site is an FAA-licensed commercial site or Federal
site;
2. Itinerant and mobile station details:
a. Description of station, including its overall purpose within the
proposed launch operation and specific function (e.g., transmit/
receive, command/telemetry);
b. Radius of operation and geographic coordinates of the transmit
location referenced to NAD83;
c. Antenna details:
i. Frequency band;
ii. Output power/Effective Isotropic Radiated Power (EIRP);
iii. Type of antenna (e.g., directional);
iv. Width of beam in degrees at the half-power point;
v. Frequency tolerance;
vi. Emission designator;
vii. Emission bandwidth and justification for greater than 5
megahertz bandwidth, if applicable;
viii. Digital modulation rate and type; and
ix. Antenna gain;
3. Launch vehicles as mobile stations:
a. Name of launch vehicle;
b. Geographic coordinates of the launch site referenced to NAD83;
c. Location of transmitter on launch vehicle or payload (e.g.,
first stage, second stage); and
d. Antenna details:
i. Frequency band;
ii. Output power/EIRP;
iii. Type of antenna (e.g., blade, parabolic);
iv. Width of beam in degrees at the half-power point;
v. Frequency tolerance;
vi. Emission designator;
vii. Emission bandwidth and justification for greater than 5
megahertz bandwidth, if applicable;
viii. Digital modulation rate and type; and
ix. Antenna gain;
4. Fixed and base station details:
a. Description of station, including its overall purpose within the
proposed launch operation and specific function (e.g., transmit/
receive, command/telemetry);
[[Page 104505]]
b. Antenna azimuth (if the antenna is tracking, state
``tracking'');
c. Antenna elevation angle (if the antenna is tracking, state
``tracking'');
d. Height above ground level to the highest point of the supporting
structure only;
e. Overall height above ground to tip of antenna in meters;
f. Elevation of ground at antenna site above mean sea level in
meters;
g. Support structure type;
h. Geographic coordinates of the transmit location referenced to
NAD83 (i.e. lat/long); and
i. Antenna details:
i. Frequency band;
ii. Output power/EIRP;
iii. Type of antenna (e.g., directional);
iv. Width of beam in degrees at the half-power point;
v. Frequency tolerance;
vi. Emission designator;
vii. Emission bandwidth and justification for greater than 5
megahertz bandwidth, if applicable; and
viii. Digital modulation rate and type; and
ix. Antenna gain;
j. Address.
We seek comment on the above proposed data requirements for an
initial registration. Should additional information be required as part
of the launch site and station location registration process?
2. Requests for Bandwidth in Excess of 5 Megahertz
In the Second Report and Order, the Commission afforded a space
launch licensee the flexibility to choose its own bandwidth, up to 5
megahertz. However, a licensee may exceed the 5 megahertz bandwidth
where it can demonstrate, on a case-by-case basis, why a larger
bandwidth is necessary for the specific telemetry, tracking, and
control space launch operation, including an explanation of why the
licensee's requirements cannot be satisfied using a bandwidth of 5
megahertz or less. As required in the Second Report and Order, a
licensee seeking to operate in excess of 5 megahertz bandwidth must
submit its justification as part of the initial registration in ULS for
a specific launch. We remind licensees that the Commission stated it
would not routinely grant such requests and noted that, given the heavy
usage of these bands, it may be difficult to successfully coordinate
operations involving requests for bandwidth greater than 5 megahertz.
C. Frequency Coordination
In the Second Report and Order, the Commission adopted a post-
license grant coordination regime to be facilitated by a third-party
space launch frequency coordinator. The Commission delegated authority
to the Bureau to develop procedures that the space launch frequency
coordinator will use to ensure compliance with the coordination
requirements for space launch operations. As noted, the LCA also
requires the Commission to improve coordination with NTIA within 180
days of enactment, including coordination to increase automation
similar to the automation described in our service rules for the 70/80/
90 GHz service, which we address herein and in a companion Public
Notice released today regarding selection of a space launch frequency
coordinator whose duties would include receiving all coordination
requests and interfacing with an automated system to be developed by
NTIA.
1. Data Requirements for Frequency Coordination Requests
In delegating authority to the Bureau to specify data collection
requirements for the coordination process and to seek stakeholder input
on the required data, the Commission stated that it anticipated that a
licensee would identify: (1) the specific coordinates of fixed, base,
and itinerant stations (e.g., latitude and longitude); (2) frequency
channels; (3) launch trajectories; (4) launch window or planned launch
date; and (5) any other technical and operational information (e.g.,
antenna characteristics, power levels, emission designators) needed by
a third-party frequency coordinator to submit the frequency
coordination request to the relevant non-Federal and Federal entities.
The Commission noted that other information could include coordinates
and operational parameters of each station (fixed, base, itinerant or
mobile) needed to support a launch, including whether the sites are
Federal or FAA-licensed commercial spaceports or non-Federal launch
sites. The Second Report and Order specified that this data would be
used by the space launch frequency coordinator to coordinate with NTIA
regarding protection of Federal operations, as well as local frequency
coordinators to protect non-Federal operations in the 2025-2110 MHz
band.
The 2360-2395 MHz band is used primarily for aeronautical mobile
telemetry and telecommand operations for aircraft and missile flight
testing. The LCA requires the Commission to allocate this band on a
secondary basis for space launch operations and to complete any
proceeding in effect and adopt service rules and coordination
procedures. Given the requirements of the LCA, to the extent the
Commission reallocates the 2360-2395 MHz band on a secondary basis for
Space Operation and incorporates it into the part 26 space launch
licensing framework, frequency coordination of non-Federal space launch
operations will be necessary to protect primary flight test users.
Under current part 87 rules, the frequency advisory committee is
required to coordinate all requests concerning flight test frequencies
with applicable Federal government area frequency coordinators (AFCs)
and to consider all non-Federal stations operating within 320
kilometers (200 miles) of the proposed area of operation. Further, the
part 87 frequency advisory committee requires, at a minimum, the
following data for coordination requests concerning flight test
frequencies: launch location; reentry landing zone (where applicable);
date(s), time(s), and duration(s) of launch and reentry window(s);
trajectory (azimuth, heading) of the launch and, where applicable,
expected reentry coordinates and the landing trajectory (from the
reentry point) of reusable launch vehicles and boosters; maximum
heights above ground level and above sea level for both launch and
reentry activity; requested frequencies used for launch and reentry;
maximum power and EIRP; and operational contact information. These data
points largely overlap with the data we believe necessary for
coordinating Federal operations in the 2025-2110 and 2200-2290 MHz
bands, and non-Federal operations in the 2025-2110 MHz band.
Accordingly, we propose to incorporate these data points into the below
data requirements for space launch frequency coordination requests and
seek comment.
We propose to require licensees to provide the following data to
the third-party frequency coordinator for coordination requests, much
of which will be readily available from the initial post-licensing
registration in ULS, as well as additional technical information needed
to ensure proper coordination for a specific launch and thereby reduce
the potential for harmful interference:
1. Licensee details:
a. Name of licensee;
b. Call sign; and
c. Primary and alternate point of contact for questions (name,
title, email, and business phone number);
2. Previously registered launch site where launch will take place
and corresponding site details;
3. Previously registered itinerant and mobile stations to be used
in the launch and corresponding details;
[[Page 104506]]
4. Previously registered fixed and base stations to be used in the
launch and corresponding details;
5. Transmitter characteristics for each transmit station (center
frequency):
a. Transmitter make/model;
b. Output power;
c. Antenna type (e.g., blade, parabolic);
d. Number of antennas deployed;
e. Antenna gain;
f. Width of beam in degrees at half-power point;
g. Frequency tolerance;
h. Orientation in horizontal/vertical planes (if the antenna is
tracking state ``tracking');
i. Antenna polarization;
j. EIRP (per individual antenna);
k. Total EIRP (from all radiating sources using a specific
location); and
l. Emission designator.
6. Emission details for each designator of each transmitter:
a. Emission bandwidth;
b. Modulating signal:
i. Modulation type (e.g., BPSK, QPSK, APK, FSK, Analog);
ii. if it is a digital signal, the final symbol rate in symbols/
second after all overhead encoding or the final bit rate in bits/second
after all overhead encoding;
iii. if FSK, include the type of FSK and the peak-to-peak frequency
deviation as well as the final symbol rate or final bit rate; and
iv. indicate whether the signal has subcarriers and, if so, which
ones are used;
c. RF fundamental emission data (two-sided) including a minimum of
-3 dB, -20 dB, and -60 dB bandwidth data points; and
d. Description of any signal filtering techniques employed;
e. If bandwidth exceeds 5 megahertz, an explanation of why the
requested bandwidth is necessary for specific space launch operations,
including an explanation of why the applicant's operations cannot be
satisfied using a bandwidth of 5 megahertz or less;
7. Additional launch site technical information:
a. Elevation of ground at antenna site above mean sea level in
meters;
b. Overall height above ground to tip of antenna in meters;
c. Distance to nearest aircraft landing area in kilometers; and
d. Natural formations or existing man-made structures (hills,
trees, water tanks, towers, etc.) which would tend to shield the
antenna from aircraft.
8. Launch details:
a. Name of launch vehicle;
b. Launch mission name and/or designator number;
c. Launch and reentry date/time window (primary and backup),
including launch window open time, and the duration of each window;
d. List of objects to achieve orbit during launch operation;
e. Total elapsed time from launch to end of transmission;
f. Requested frequencies used for launch and reentry, including
required center frequency(ies);
g. Orbital location (orbit insertion);
h. Mean launch azimuth (degrees, clockwise from the North);
i. Ground track from lift-off until end of transmission;
j. ECF Cartesian Vectors Format (position and velocity vs. time or
position, velocity, and acceleration vs. time) in one minute time steps
(at least) for each phase of launch through the end of transmission;
k. A plot image of the two-dimensional ground track of the launch
vehicle including demarcations for important mission events (e.g., main
engine cut-off (MECO), stage separation, payload jettison,
passivation);
l. Duration of transmission(s), to include on/off time (nominal and
maximum durations) for each transmitter and receiving station(s)
corresponding to the on/off times;
m. Reentry landing zone;
n. If applicable, expected reentry coordinates and the landing
trajectory (from the reentry point) of reusable launch vehicles and
boosters;
o. Maximum heights above ground level and above sea level for both
launch and reentry activity; and
p. Operational contact information, including name, email address,
and telephone number.
9. Additional station details:
a. Name and location of each relay satellite station supporting
launch operation;
b. Ground receiver sensitivity and selectivity; and
c. Antenna gain to noise temperature ratio (G/T) for each ground
station used for reception of launch vehicle telemetry.
The data requirements proposed above are consistent with those
required in the Special Temporary Authority (STA) process currently
used to authorize space launch communications and the part 87 frequency
advisory committee flight test coordination process. We seek comment on
this proposal. Is there additional data that should be required for
coordination requests submitted to the third-party frequency
coordinator? Is any of the proposed data not necessary for anticipated
launches? Do these data requirements provide a third-party space launch
frequency coordinator with sufficient information to coordinate
launches with the Federal and non-Federal users sharing the 2025-2110
MHz and 2200-2290 MHz bands? Is there additional data that should be
required for coordinating space launches with AMT flight test
operations in the 2360-2395 MHz band? We also note that detailed
instructions for submitting the required information to the space
launch frequency coordinator, including format, will be announced in
the final Bureau licensing procedures public notice.
2. Coordination Procedures
In the Second Report and Order, the Commission required commercial
space launch operators to undertake a two-part process for purposes of
frequency coordination: (1) for the 2025-2110 MHz band, a site-specific
coordination of the operator's stations and launch parameters with
Broadcast Auxiliary Service (BAS) operations; and (2) for both the
2200-2290 and 2025-2110 MHz bands, coordination on a per-launch basis
with NTIA. The Commission specified that the coordination process was
to be initiated through the space launch frequency coordinator after
the licensee first registers its sites and stations in ULS. In
addition, given the Commission's required action per the LCA regarding
the 2360-2395 MHz band that includes adoption of a secondary allocation
for space launch and reentry in this band, we anticipate that
coordination will be required with primary Federal and non-Federal AMT
operations, through both NTIA and the part 87 frequency advisory
committee. We propose that, with respect to requests to conduct a
specific launch with a bandwidth greater than 5 megahertz in any of the
three bands subject to the LCA, the Space Launch Frequency Coordinator
will not be required to coordinate such requests unless the Commission
first indicates to the Space Launch Frequency Coordinator that a
licensee's justification provided with a registration for a specific
launch is complete and provides the fulsome explanation required
pursuant to rule Sec. 26.301. We seek comment on this proposal.
a. Non-Federal Coordination in the 2025-2110 MHz Band
As set forth in the Second Report and Order, for non-Federal
coordination in the 2025-2110 MHz band, a space launch operator will
first register its site and station information and will submit its
coordination request to the third-party space launch frequency
coordinator. The coordinator will verify
[[Page 104507]]
that the operator is licensed and that the request is consistent with
the Commission's rules. The coordinator will then contact the Society
of Broadcast Engineers (SBE) Frequency Coordination Manager and the
relevant SBE local market coordinator to initiate coordination for the
requested launch site.
Alternatively, the launch operator may provide a showing to the
frequency coordinator that: (a) it has previously coordinated its
proposed operations with the SBE Frequency Coordination Manager; (b) it
has ascertained that its proposal will not constrain, preclude, or
interfere with incumbents in the band, including BAS, Cable Television
Relay Service (CARS) and Local Television Transmission Service (LTTS)
licensees; and (c) it has demonstrated in a technical showing that its
proposed operation will not create more than 0.5 dB increase in the
noise threshold of a receiver at a fixed or temporary fixed electronic
news gathering receive site. The Commission found there is no need to
conduct per-launch coordination with non-Federal users in the 2025-2110
MHz band if the launch operator can demonstrate its proposed uplink
operations meet this protection criteria.
We propose that the local SBE frequency coordinator receive
coordination requests at least 60 days prior to launch to ensure
adequate time for coordination, with a response due back to the
coordinator 15 days following the local SBE frequency coordinator's
receipt of the request. Does this proposed timeframe ensure adequate
time for completing non-Federal frequency coordination? Are there any
circumstances in which space launch operators would be seeking
clearance to conduct a launch less than 60 days in the future? Once the
frequency coordinator has completed non-Federal coordination, we
propose that the coordinator respond to the licensee in writing with
the results of the coordination, including any conditions,
restrictions, or other limitations, and seek comment on this proposal.
b. Non-Federal Coordination in the 2360-2395 MHz Band
As noted above, part 87 governs AMT for flight test operations and
the part 87 frequency advisory committee is required to coordinate
requests for such frequencies and provide recommendations regarding
operating parameters, including providing comment on the frequencies
requested and the probable interference to flight test stations, and
recommending frequencies resulting in the minimum interference. Under
part 87 rules, the frequency advisory committee is required to consider
all non-Federal stations operating on the frequencies requested or
assigned within 320 kilometers (200 miles) of the proposed area of
operation and all prior coordinations and assignments on the proposed
frequencies. We believe that part 87 procedures provide guidance for
the space launch frequency coordinator in ensuring that space launch
operations in the 2360-2395 MHz band will not cause harmful
interference to incumbent flight test operations. We anticipate that
the space launch frequency coordinator, in coordinating with the part
87 frequency advisory committee, will consider stations within the 320
kilometers (200 miles) metric, but we propose that the space launch
frequency coordinator have the ability to expand that radius at its
discretion if necessary in analyzing interference potential. After
considering all such stations and coordinating with the part 87
frequency advisory committee, we propose that the space launch
frequency coordinator would then propose necessary changes in technical
parameters to minimize the risk of harmful interference to non-Federal
flight test stations. To maintain consistency with current flight test
coordination procedures, we propose that space launch licensees,
following coordination and parameter registration in ULS as described
below, provide pre-launch notification to both the space launch
frequency coordinator and the part 87 frequency advisory committee 96
hours in advance of the commencement of the registered launch window.
We seek comment on this proposal, including whether this timeframe
provides sufficient notice to ensure protection against interference
for flight test operators. We clarify that this proposed notification
requirement is separate from, and in addition to, the Commission rule
Sec. 26.202 pre-launch coordination requirement.
c. Federal Coordination
For Federal coordination in the Space Launch Service, coordination
is required on a per-launch basis, to be initiated after the launch
operator has registered its applicable site and station information in
ULS. Once the third-party coordinator verifies that the operator is
licensed and that the request is consistent with the Commission's
rules, it will initiate coordination with NTIA. To assist NTIA's
review, the third-party frequency coordinator may provide a showing
that the operational and technical parameters of a proposed launch are
consistent with a prior successful coordination and that the space
launch licensee continues to comply with any conditions or agreements
resulting from such prior coordination, or that its proposed launch is
covered by an applicable coordination agreement with co-frequency
entities.
The LCA requires the Commission to improve NTIA coordination to
increase the speed of review of space launch applications for
authorization in the 2025-2110 MHz, 2200-2290 MHz, and 2360-2395 MHz
bands, including automation similar to that required in the service
rules for the 70/80/90 GHz service. Accordingly, we propose to require
the space launch frequency coordinator to complete Federal coordination
in all three LCA bands using the automated coordination mechanism to be
developed by NTIA. This proposed requirement is reflected in the
Bureau's companion Public Notice released today regarding a mechanism
and criteria for selecting the space launch frequency coordinator.
However, until an automated mechanism becomes available, we propose an
interim process for completing Federal coordination. For coordination
requests in the 2025-2110 MHz and/or 2200-2290 MHz bands, we propose
requiring that the frequency coordinator submit frequency coordination
requests at least 60 days prior to launch to the NTIA Office of
Spectrum Management's Frequency Assignment Branch. For coordination
requests in the 2360-2395 MHz band, we propose that the space launch
frequency coordinator submit coordination requests at least 60 days
prior to launch to the applicable Area Frequency Coordinator (AFC)
listed in Annex D, Table 2 of NTIA's Manual of Regulations and
Procedures for Federal Radio Frequency Management. We seek comment on
whether the proposed timeframe allows for completion of Federal
frequency coordination. We also recognize that some space launch
Federal frequency coordination requests might combine 2360-2395 MHz
with 2025-2110 MHz and/or 2200-2290 MHz, which could require routing to
different destinations. We therefore seek comment on whether, in those
instances, Federal coordination requests should be directly submitted
to NTIA's Office of Spectrum Management's Frequency Assignment Branch
within the same 60-day timeframe. Would such an approach prevent
unnecessary delays in Federal coordination and improve administrative
efficiencies? What are the costs of such an approach? Further, once the
space launch frequency coordinator has completed Federal
[[Page 104508]]
coordination, we propose that it respond to the licensee in writing
with the results of the coordination, including any conditions or
limitations. We seek comment on this proposal.
d. Changes To Launch Parameters
In the Second Report and Order, the Commission stated that any
changes to the technical and operational parameters for a launch that
occur after completion of post-grant frequency coordination also
require coordination, and that these changes must be provided to the
third-party frequency coordinator to initiate an updated coordination.
We seek comment on procedures for licensees that seek to change launch
parameters close in time to a scheduled launch date. Should we
establish a cut-off date for licensees to change launch parameters that
have previously been coordinated? What timeframe is appropriate, given
that a cut-off date would need to afford sufficient time for re-
coordination of a launch? Should we consider establishing a separate
cut-off for changes solely related to the launch date/time, potentially
to accommodate weather or technical delays, that seek no changes to
technical parameters, and could therefore qualify for an accelerated
coordination of the date/time change versus requiring a new
coordination request? In the STA process currently used to authorize
spectrum for space launches, how frequently have space launch operators
needed to adjust launch and technical parameters following coordination
of a launch, and how much time has typically been required to re-
coordinate those launches? We seek comment on these issues.
D. Post-Frequency Coordination Launch Registrations
In the Second Report and Order, the Commission adopted rules
requiring space launch licensees to register the technical and
operating parameters of a launch after it has successfully coordinated
that launch with NTIA and other non-Federal users through a third-party
frequency coordinator. The Commission stated that licensees would not
have authorization to commence operations until after completing these
post-coordination launch registrations. We propose that, once accepted
in ULS, the parameters in the post-coordination launch registration
reflect the binding operational parameters for a given launch, and that
a licensee will be authorized to commence launch operations thereunder.
We also propose that the licensee must update the launch registration
in ULS, if already completed, to reflect any re-coordinated parameter
changes, and that such an updated registration must be accepted in ULS
to be authorized to launch under the revised parameters.
For purposes of the post-coordination launch registration, we
propose that licensees provide the following relevant data from their
approved coordination requests:
1. Purpose of operation;
2. Operation start date and time;
3. Operation end date and time;
4. Stations to be used;
5. Launch site to be used;
6. Transmission characteristics including frequency, emission
designator, output power and EIRP; and
7. Response from the third-party frequency coordinator regarding
outcome of coordination, including conditions and limitations, and a
list of entities with which it coordinated.
We seek comment generally on this proposal. We note that, in part
II.C.1 of this Public Notice, we propose requiring licensees to share
their launch trajectory for purposes of frequency coordination. We seek
comment on whether we should require the launch trajectory for
registration in ULS. Is there any other launch data that should be made
publicly available in ULS?
Federal Communications Commission.
Amy Brett,
Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2024-29833 Filed 12-20-24; 8:45 am]
BILLING CODE 6712-01-P
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