Wireless Telecommunications Bureau Seeks Comment on Mechanism and Criteria for Selecting Space Launch Frequency Coordinator

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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 criteria and a mechanism for selecting a Space Launch Frequency Coordinator for the Federal Communications Commission's (Commission) Space Launch Service. In particular, it proposes a process in which interested parties would file applications electronically using the Commission's Electronic Comment Filing System in WT Docket 24-687, through which they would demonstrate certain minimum qualifying criteria. Filers responding to this Public Notice should submit comments in WT Docket No. 24-687.

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<title>Federal Register, Volume 89 Issue 246 (Monday, December 23, 2024)</title>
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[Federal Register Volume 89, Number 246 (Monday, December 23, 2024)]
[Proposed Rules]
[Pages 104499-104502]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30244]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 26

[WT Docket No. 24-687; DA 24-1230; FRS 268462]

Wireless Telecommunications Bureau Seeks Comment on Mechanism and
Criteria for Selecting Space Launch Frequency Coordinator

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 criteria and a mechanism
for selecting a Space Launch Frequency Coordinator for the Federal
Communications Commission's (Commission) Space Launch Service. In
particular, it proposes a process in which interested parties would
file applications electronically using the Commission's Electronic
Comment Filing System in WT Docket 24-687, through which they would
demonstrate certain minimum qualifying criteria. Filers responding to
this Public Notice should submit comments in WT Docket No. 24-687.

DATES: Interested parties may file comments on or before January 22,
2025.

ADDRESSES: You may submit comments, identified by WT Docket No. 24-687,
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

[[Page 104500]]

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#8de0ecffe6a3e9e8feece3f9e4fecdebeeeea3eae2fb"><span class="__cf_email__" data-cfemail="630e0211084d070610020d170a10230500004d040c15">[email&#160;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#2d6e4c594554037a444141444c405e6d4b4e4e034a425b"><span class="__cf_email__" data-cfemail="cc8fadb8a4b5e29ba5a0a0a5ada1bf8caaafafe2aba3ba">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the WTB Public Notice,
WT Docket No. 24-687; DA 24-1230, released on December 6, 2024. The
released, formatted version of this document is available at <a href="https://docs.fcc.gov/public/attachments/DA-24-1230A1.pdf">https://docs.fcc.gov/public/attachments/DA-24-1230A1.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#03656060363337436560602d646c75"><span class="__cf_email__" data-cfemail="bbddd8d88e8b8ffbddd8d895dcd4cd">[email&#160;protected]</span></a> or call the
Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530
(voice), (202) 418-0432 (TTY).

Ex Parte Rules

The proceeding this Public Notice 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 (89 FR 63296-01, August 5, 2024) in this proceeding,
the Wireless Telecommunications Bureau (Bureau) proposes and seeks
comment on the mechanism and criteria for selecting the third-party
frequency coordinator for the new commercial Space Launch Service.
After reviewing the record, the Bureau will issue subsequent public
notice(s) that announces the criteria for selection of the frequency
coordinator, as well as a filing window for submission of applications
to serve as the space launch frequency coordinator. The Bureau also
proposes that the applicant selected to serve as the third-party space
launch frequency coordinator will be required to execute a Memorandum
of Understanding with the Commission. 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 new
secondary allocation in the 2025-2110 MHz band for non-Federal Space
Operation and, for the 2200-2290 MHz band, made the entire band
available for secondary non-Federal Space Operation. The Commission
also adopted a licensing framework for these two bands under a new part
26 Space Launch Service. Under the framework, eligible space launch
operators seeking authorization in either band will: (1) apply for and
obtain a non-exclusive nationwide license in 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

[[Page 104501]]

operating parameters associated with each specific coordinated launch
prior to commencing operations. A space launch operator must register
the final coordinated technical parameters in ULS to be authorized to
commence launch operations. The Second Report and Order requires that a
single third-party frequency coordinator shepherd both Federal and non-
Federal coordination on a post-grant, per-launch basis. Requirements
for the third-party frequency coordinator are set forth in Commission
rule Sec. 26.202, adopted in the Second Report and Order.
Federal Coordination. Pursuant to the Second Report and Order,
Federal coordination is required on a per-launch basis in both the
2025-2110 MHz and 2200-2290 MHz bands, to be initiated after the launch
operator has registered its applicable site and station information in
ULS. Once the third-party frequency coordinator verifies that the
operator is licensed and that the request is consistent with the
Commission's rules, it will initiate coordination with the National
Telecommunications and Information Administration (NTIA). For Federal
coordination in both bands, 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.
Non-Federal Coordination. Pursuant to the Second Report and Order,
non-Federal coordination is required in the 2025-2110 MHz band. Once a
launch operator has registered its site and station information and
submitted its coordination request to the third-party frequency
coordinator, the coordinator will verify that the operator is licensed
and that the request is consistent with the Commission's rules, and
then contact the Society of Broadcast Engineers (SBE) Frequency
Coordination Manager and the relevant SBE local market coordinator to
initiate coordination for the local launch site. There is no
requirement 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 the protection criteria by providing a
showing to the third-party frequency coordinator that: (a) it has
previously coordinated its proposed operations with the SBE Frequency
Coordination Manager and continues to comply with any conditions or
agreements resulting from such prior coordination; (b) it has
ascertained that its proposal will not constrain, preclude, nor
interfere with incumbents in the band, including Broadcast Auxiliary
Service licensees, Cable Television Relay Service licensees, and Local
Television Transmission Service 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.
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 to, within 90 days of enactment, allocate each
of these bands on a secondary basis for commercial space launches and
reentries, and complete any proceeding in effect related to the
adoption of service rules for these three bands. In order to meet the
90-day requirement, we anticipate that the Commission would benefit
from development of a record that includes the issues included in this
Public Notice.
In a companion Public Notice published elsewhere in this issue of
the Federal Register, the Bureau on delegated authority proposes and
seeks comment on licensing and coordination procedures for the space
launch service, which currently applies to the 2025-2110 MHz and 2200-
2290 MHz bands. In the event the Commission incorporates the 2360-2395
MHz band into the part 26 Space Launch Service licensing framework, the
Bureau also includes in that separate Public Notice proposed licensing
and coordination procedures for the 2360-2395 MHz band. We take the
same approach in this Public Notice, where any proposals assume that a
third-party frequency coordinator will have responsibilities to
coordinate, per the LCA, requests for space launch operations in three
bands: 2025-2110 MHz MHz, 2200-2290 MHz, and 2360-2395 MHz. We note
that any such procedures, data requirements etc., set forth in this and
the Bureau's companion Public Notice, are subject to Commission action
taken pursuant to the LCA's requirements.
The LCA also requires the Commission to issue, within 180 days of
the LCA's enactment, new regulations that streamline the process for
granting authorizations for access to the three bands. These new
regulations must provide for, among other things, improved coordination
by the Commission with NTIA to increase the speed of review of space
launch applications, including coordination to increase automation
similar to the automation described in the Commission's service rules
for the 70/80/90 GHz service. The 70/80/90 GHz service allows use of
the millimeter wave spectrum in the 71-76 GHz, 81-86 GHz, and 92-95 GHz
bands on a shared basis with Federal operations. A licensee seeking
authorization in those bands must complete coordination with NTIA by
registering individual links in a database administered by third-party
database managers. The database managers have access to NTIA's
automated coordination mechanism, and the database serves as a
clearinghouse and repository of site path information to manage the
coordination of Federal Government operations and non-Federal
Government links. Given the LCA's requirement that, within 180 days of
enactment, the Commission improve coordination with NTIA for space
launch operations by increasing automation, we propose below to require
the Space Launch Frequency Coordinator to have the willingness and
capability to interface with any such automated process developed by
NTIA for coordination of requests related to space launch operation in
any of the three LCA bands.
In the interim, the Bureau hereby fulfills the Commission's
directive from the Second Report and Order to seek comment on the
circumstances attending the designation of the space launch frequency
coordinator. To reiterate, these proposals and any subsequent final
action taken through subsequent Bureau public notice(s) following
review of the record, including those specifically relating to the
2360-2395 MHz band, are subject to forthcoming Commission action taken
pursuant to the LCA's requirements.

II. Selecting the Space Launch Frequency Coordinator

The Bureau proposes and seeks comment on the mechanism for
selecting the space launch frequency coordinator and the minimum
industry and technical expertise that parties interested in being
designated as the space launch frequency coordinator

[[Page 104502]]

must demonstrate. After reviewing the record developed in response to
this Public Notice, the Bureau will issue subsequent public notice(s)
announcing the mechanism and criteria for selection of the frequency
coordinator, as well as a filing window for applications to serve as
space launch frequency coordinator. The Bureau proposes that the
applicant selected from this process to serve as space launch frequency
coordinator will be required to execute a Memorandum of Understanding
with the Commission, formally memorializing its duties and obligations.

A. Mechanism for Selection of the Space Launch Frequency Coordinator

First, we propose to rely on a mechanism for selecting a third-
party frequency coordinator similar to those we have successfully
implemented in other radio services where the Bureau was tasked with
designating a single frequency coordinator. Following those prior
examples, we propose to require interested parties to file applications
electronically using the Commission's Electronic Comment Filing System
(ECFS) in WT Docket 24-687, that include the following information:
1. A description of the entity requesting to be space launch
frequency coordinator and its qualifications, including how it meets or
will meet minimum qualifying criteria ultimately specified by the
Bureau;
2. How the applicant will prevent conflicts of interest;
3. A proposed fee structure; and
4. The length of time before the applicant will be able to begin
duties as the space launch frequency coordinator.
We seek comment on this approach, including on the information
interested parties should file, and whether additional information
should be required to assist the Bureau in making a selection. How
should conflicts of interest be defined? How can we ensure that the
frequency coordinator administers its responsibilities in a neutral and
non-discriminatory manner? Should the Bureau impose any limits on fee
structures, including whether fees can be charged on a per application
basis, or adopt any deadline by which an applicant must be able to
begin its duties as the space launch frequency coordinator? How should
applicants demonstrate an ability to complete frequency coordination
using an NTIA automated process, one of the minimum qualifying criteria
proposed below, such that the Commission can fulfill its statutory
obligation to increase automation in NTIA coordination similar to the
automation in the 70/80/90 GHz service rules?

B. Minimum Qualifying Criteria

Next, we propose minimum qualifying criteria for entities
interested in being designated as the space launch frequency
coordinator. Interested parties would be required to demonstrate in
their applications the extent to which they meet the following
qualifications:
1. Ability to implement a mechanism to receive technical data from
licensees and maintain a database of transmitter locations and
operational parameters;
2. Knowledge of or experience with wireless telemetry;
3. Knowledge of or experience with space launch and aerospace
transmissions;
4. Technical expertise in analyzing and avoiding interference
between licensees/operators in various frequency bands;
5. Knowledge of frequency coordination processes;
6. Willingness and capability to complete coordination using
machine-to-machine interface with any NTIA automated coordination
process, and the ability to promptly notify the licensee of the
response from the automated coordination process;
7. Ability to address requests for operation at launch sites that
potentially could be located anywhere in the United States and its
territories; and
8. Experience analyzing and interpreting FCC rules and policies.
The Bureau seeks comment on the above proposals and any
alternatives to the proposed selection mechanism and minimum qualifying
criteria.

Federal Communications Commission.
Amy Brett,
Acting Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2024-30244 Filed 12-20-24; 8:45 am]
BILLING CODE 6712-01-P

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