Allocation of Spectrum for Non-Federal Space Launch Operations
| Published date | 10 June 2021 |
| Citation | 86 FR 30860 |
| Record Number | 2021-11063 |
| Section | Proposed rules |
| Court | Federal Communications Commission |
Federal Register, Volume 86 Issue 110 (Thursday, June 10, 2021)
[Federal Register Volume 86, Number 110 (Thursday, June 10, 2021)]
[Proposed Rules]
[Pages 30860-30887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11063]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2, 87, and 90
[ET Docket No. 13-115; RM 11341; FCC 21-44; FR ID 27947]
Allocation of Spectrum for Non-Federal Space Launch Operations
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) takes steps towards establishing a spectrum allocation and
licensing framework that will provide regulatory certainty and improved
efficiency and that will promote innovation and investment in the
United States commercial space launch industry. In the Further Notice
of Proposed Rulemaking, the Commission seeks comment on the definition
of space launch operations, the potential allocation of spectrum for
the commercial space launch industry, including the 420-430 MHz, 2025-
2110 MHz, and 5650-5925 MHz bands. In addition, the Commission seeks
comment on establishing service rules, including licensing and
technical rules and coordination procedures, for the use of spectrum
for commercial space launch operations. Finally, the Commission seeks
to refresh the record on potential ways to facilitate Federal use of
commercial satellite services in what are currently non-Federal
satellite bands and enable more robust federal use of the 399.9-400.05
MHz band.
DATES: Comments are due on or before July 12, 2021; reply comments are
due on or before August 9, 2021.
ADDRESSES: You may submit comments, identified by ET Docket No. 13-115,
by any of the following methods:
Federal Communications Commission's Website: http://apps.fcc.gov/ecfs/. Follow the instructions for submitting comments.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Nicholas Oros, Office of Engineering
and Technology, at (202) 418-0636 or [email protected]; Peter
Trachtenberg, Wireless Telecommunications Bureau, at
[email protected] or 202-418-7369; or Kimberly Baum,
International Bureau, at [email protected] or 202-418-2752. For
information regarding the PRA information collection requirements
contained in this PRA, contact Cathy Williams, Office of Managing
Director, at (202) 418-2918 or [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order and Further Notice of Proposed Rulemaking (FNPRM), ET Docket
No. 13-115, FCC 21-44, adopted and released on April 22, 2020. This
document is available by downloading the text from the Commission's
website at https://www.fcc.gov/document/fcc-seeks-make-spectrum-available-commercial-space-launches-0. When the FCC Headquarters
reopens to the public, the full text of this document also will be
available for public inspection and copying during regular business
hours in the FCC Reference Center, 45 L Street NE, Washington, DC
20554. Alternative formats are available for people with disabilities
(braille, large print, electronic files, audio format) by sending an
email to [email protected] or calling the Commission's Consumer and
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432
(TTY).
[[Page 30861]]
Synopsis
1. In this FNPRM, the Commission continue its efforts to support
commercial space launch operations and federal use of commercial space
services. Specifically, the Commission proposes to add a non-Federal
allocation in the 2025-2110 MHz band to support such operations, and
the Commission seeks further comment on adding non-Federal allocations
for commercial space launch operations in the 420-430 MHz, 2200-2290
MHz, and 5650-5925 MHz bands. The Commission further proposes to adopt
a licensing framework and a set of technical rules to govern space
launch operations services in the 2200-2290 MHz band, as well as the
other three bands if they are ultimately allocated for commercial space
launch purposes. In addition, the Commission seeks comment on whether
to amend any of the rules applicable to space launch operations in the
2360-2395 MHz bands. The Commission seeks comment on various licensing
frameworks to authorize a variety of telemetry, tracking, and command
operations between launch vehicles and ground stations during the
initial launch and reentry phases of space launch operations. The
Commission also seeks comment on whether there are additional measures
that should be considered in order to facilitate radio-frequency
licensing of certain other types of space launch operations that may be
currently addressed through experimental licensing, including
communications between launch vehicles and satellites and
communications in connection with certain payload activities. Finally,
the Commission seeks to refresh the record on the matter of expanding
Federal use of certain non-Federal FSS and MSS bands, including
removing the footnote restriction on federal earth stations accessing
federal space stations operating in the 399.9-400.05 MHz band.
2. In a 2013 Notice of Proposed Rulemaking and Notice of Inquiry
(NPRM), the Commission proposed to provide a primary allocation of
spectrum in three bands for non-Federal use during space launches: 420-
430 MHz, 2200-2290 MHz, and 5650-5925 MHz. The NPRM also proposed to
add either a Federal Fixed Satellite Service (FSS) or Mobile Satellite
Service (MSS) allocation or a footnote to allow Federal access to
several frequency bands for satellite services that currently only
support commercial satellite systems. The NPRM also addressed a 2012
NTIA request to change a footnote in the U.S. Table to enable Federal
space stations to operate in the 399.9-400.05 MHz MSS band.
3. 420-430 MHz Band. The 420-430 MHz band is used during launches
from Federal launch sites to transmit a flight termination signal to a
launch vehicle, if necessary. This signal will cause the launch vehicle
to self-destruct if it goes off course and poses a danger to a
populated area. The NPRM sought comment on whether the Commission
should make a co-primary non-Federal Aeronautical Mobile allocation for
the 420-430 MHz band and whether it should add a footnote to the U.S.
Table restricting use of the allocation to self-destruct signals (i.e.,
flight termination signals) during launches. The Commission has not
received any STA requests for this band during space launches. This
band is heavily used by Federal users, including the Department of
Defense (DoD), for radiolocation applications.
4. The Commercial Spaceflight Federation notes that there has not
been a need for this band by commercial companies because launches have
occurred at government facilities which transmit the flight termination
signals. However, the Commercial Spaceflight Federation claims that, as
launches increasingly occur at private spaceports, operators will need
licenses for this band. The New Mexico Spaceport Authority agrees that
commercial operators will want to operate their own flight safety
systems. SpaceX may need access to the band in the future. Orbital ATK
endorses adding a co-primary non-Federal allocation for 421 MHz rather
than adding the allocation for the entire band. Blue Origin takes no
position on use of this band and indicates that it does not use this
band during launches.
5. The Commission seeks further comment on whether to adopt a
footnote to the U.S. Table which adds a primary non-Federal
Aeronautical Mobile allocation to the 420-430 MHz band, requires
coordination of assignments with NTIA, and restricts use of the band to
pre-launch testing of launch vehicles and sending flight termination
signals to launch vehicles during launches. Because launches to date
have occurred at Federal ranges, access to this band by commercial
launch providers has not been necessary. The Commission expects this
may change as companies transition towards using commercial launch
sites in the future. Thus, adding this Aeronautical Mobile allocation
may be critical for protecting the public during space launches.
Because the intended use of this band is for safety-of-life
applications, the Commission proposes to add the Aeronautical Mobile
allocation on a primary basis so that its use will be on an
interference-protected basis. Further, the Commission proposes to add
this Aeronautical Mobile allocation for the entire 420-430 MHz band,
rather than limit it to just 421 MHz as suggested by Orbital ATK,
because the Commission cannot predict what frequencies will be
available at the future at launch sites. As NTIA permits range safety
operations (i.e., flight termination systems) across 420-450 MHz,
should the Commission expand the Aeronautical Mobile allocation to 420-
450 MHz? Regardless of the frequency range of the allocation, use of
the band would need to be coordinated with NTIA. In this FNPRM, the
Commission also proposes licensing and service rules for use of this
band, should the Commission adopt this proposed allocation.
6. While the U.S. Table does not have a Mobile allocation in the
420-430 MHz band, the International Table has a Mobile, except
aeronautical mobile allocation, for all regions. Therefore,
aeronautical mobile use of the 420-430 MHz band is contrary to the
International Table. Consequently, other countries may permit radio
services in the band that are not compatible with aeronautical mobile
use of this band. If the Commission adopts an Aeronautical Mobile
allocation for this band, does it need to place restrictions on use of
the allocation to prevent harmful interference occurring to radio
services in other countries? Such restrictions could include
prohibition of operations near international borders, power
limitations, or use of directional antennas to direct transmission away
from international borders.
7. 2025-2110 MHz Band. The NPRM addressed three frequency bands
commonly used by commercial space launch entities at that time.
However, since the NPRM was adopted in 2013, the commercial space
launch industry has also begun to use the 2025-2110 MHz band to
transmit control signals to launch vehicles. The Commission has granted
access to this band during space launches using STAs issued under its
Part 5 experimental licensing rules. The Commission expects that use of
this band by the commercial space launch industry will continue to grow
in the future and that establishing a permanent allocation for these
services will provide more reliable access to this band than the STA
process. The Commission therefore proposes to amend the Allocation
Table by adding a co-primary non-Federal space operation (Earth-to-
space) allocation to the 2025-2110 MHz band.
[[Page 30862]]
8. The 2025-2110 MHz band is currently allocated for both Federal
and non-Federal fixed and mobile use. The largest non-Federal use of
the band is for the Broadcast Auxiliary Service (BAS) operating under
Part 74 of the Commission's rules. BAS stations make it possible for
television and radio stations to transmit program material from the
site of a breaking news story or a major event to the studio for
inclusion in a broadcast program. BAS stations are also used to
transmit programming material from a studio to the broadcasting
transmitter or between television broadcast stations. BAS shares the
2025-2110 MHz band with the Cable Television Relay Service (CARS) and
the Local Television Transmission Service (LTTS), which ``have
technically and operationally similar stations[.]'' The Commission's
rules encourage BAS, CARS, and LTTS users of this band to consult with
local coordination committees in selecting their frequencies to avoid
causing harmful interference with each other's operations.
9. Since 2000, the 2025-2110 MHz band has been allocated for
Federal space operation, space research, and earth exploration
satellite services. While these Federal allocations are co-primary,
these uses in general are not allowed to constrain BAS, CARS, and LTTS
deployment and must be coordinated with these non-Federal operations.
Federal use of these allocations continues to increase as Federal users
seek to increase resiliency and deploy large constellations of smaller
satellites. To date, sharing of this band between Federal operations
and BAS, CARS, and LTTS users has been successful.
10. Federal primary fixed and mobile service allocations were added
to the 2025-2110 MHz band in 2014. Footnote US92 restricts Federal use
of the band to the military services and places specific requirements
upon federal systems to facilitate sharing of the band with incumbent
Federal and non-Federal services. The military services' transition
plans include the relocation of certain terrestrial systems from the
1755-1780 MHz band into the 2025-2110 MHz band. The process of
relocating Federal systems into the band is currently on-going.
11. Multiple commercial space launch operators either have used or
have indicated that they plan to use the 2025-2110 MHz band to support
their launch operations. SpaceX has used this band to send command
signals to the first stage of its Falcon 9 launch vehicle as it lands
either on a recovery drone ship or on land. Blue Origin has used this
band to transmit command signals to its suborbital New Shepard launch
vehicle and plans to use it in the future for orbital launches of its
New Glenn launch vehicle. Rocket Lab has used this band to conduct
ground testing for its Electron Launch Vehicle and plans to use it in
the future to command the third stage of its launch vehicles. These
operations have been conducted using STAs issued by the Commission
under its Part 5 experimental rules. The Commission expects that use of
this band by the commercial space launch industry will continue to grow
in the future. The Commission seeks comment on the projected future use
of this band for space launch activities.
12. To support the commercial space launch industry, the Commission
proposes to amend the Allocation Table by adding a co-primary non-
Federal Space Operation (Earth-to-space) (space-to-space) allocation to
the 2025-2110 MHz band. Given the heavy use of this band by BAS, CARS,
and LTTS, and the increasing Federal use of the band, including for
Federal space systems, these service rules will need to provide for
coordination with these operations. As the Commission expects the
number of launches to continue to increase in the future, the
Commission believes that adopting this approach will be more feasible
than relying on the current STA process. The Commission seeks comment
on this allocation proposal.
13. The Commission proposes to allow use of the entire 2025-2110
MHz band without any restriction on where licensed launches may occur.
The Commission notes that for the Space Operation allocation for the
2200-2290 MHz band, the Commission considered whether the use of that
spectrum should be restricted to launches at Federal ranges. In
addition, the Space Operation allocation the Commission is adopting for
the 2200-2290 MHz band for space launches restricts non-Federal space
operations to specific portions of the band. Both of these restrictions
were requested by NTIA to facilitate coordination with the existing
Federal users of this bands. The Commission seeks comment on whether
limiting launches to certain frequencies or locations is needed to
facilitate coordination between non-Federal and Federal users. Should
use of this band for space launches be limited to only portions of the
band? Considering the restrictions placed on Federal uses of the band,
should these same restrictions be placed on new non-Federal uses of the
band? Are other restrictions also required to protect the incumbent and
incoming Federal uses of the band? Is there any reason to restrict use
of the band to launches conducted at specific locations such as at
Federal ranges or FAA licensed launch sites given that the Commission
are not placing any such restrictions on use of the Space Operation
allocation the Commission are adopting for the 2200-2290 MHz band?
Considering the Federal and non-Federal uses of the band, would it
serve the public interest to adopt any of these restrictions? The
Commission notes that many recent launches using this band have been
conducted from either Federal ranges or FAA licensed launch sites. For
example, SpaceX has launched from Cape Canaveral, Florida and Rocket
Lab has conducted launch testing at Wallops Island, Virginia. However,
Blue Origin has launched from Van Horn, Texas, which is neither an FAA
licensed launch site or at a Federal range. Should use of the Space
Operation allocation be limited to space launches or are there other
kinds of space operation uses that may be appropriate for this band?
Are there any other restrictions that are needed to facilitate sharing
of the band between the non-Federal space operation service and the
other users of the band, in particular BAS, CARS, and LTTS?
14. 2200-2290 MHz Band. In addition to a Space Operation
allocation, both the International Table and the Federal Table include
a Mobile Service allocation allowing aeronautical mobile use. Would it
serve the public interest to modify the non-Federal allocations for the
2200-2290 MHz band to include a Mobile Service allocation in this band
to facilitate licensing of commercial space launch operations in the
commercial space launch operations context? The Commission notes that
three frequencies in the 2360-2395 MHz band are available for both
Federal and non-Federal use for telemetry and telecommand of launch and
reentry vehicles under a Mobile allocation and its Part 87 rules. This
use is identical to the launch vehicle telemetry for which space launch
providers have obtained STAs for the 2200-2290 MHz band. To harmonize
the allocation status and the applicable service rules of the 2200-2290
MHz and 2360-2395 MHz bands, it may be appropriate to adopt a Mobile
allocation for the 2200-2290 MHz band in addition to the Space
Operation allocation the Commission has adopted. Therefore, the
Commission seeks comment on whether the Commission should add a non-
Federal secondary Mobile allocation to the 2200-2290 MHz band. What are
the benefits and costs of subjecting commercial space launch operations
to both terrestrial mobile service and space operations
[[Page 30863]]
regulatory frameworks? Does the Commission need to define the boundary
between, when and how mobile service rules or space operations rules
apply to space launch operations, if both allocations together cover
the operations? If so, would it serve the public interest to make this
boundary depend on the stage of the launch vehicle--earlier or later
stages? How should the Commission define such stage boundaries? If the
Commission were to divide space launch operations into stages, how
should the Commission define space launch vehicles and should such a
definition include any spacecrafts carrying payloads to their orbital
locations? What are the domestic and international legal and policy
ramifications of adopting such a clear dual allocation and service
rules approach where the communications emanating from the same
equipment would be considered under both terrestrial and space services
allocations, and be regulated under one or the other, depending on the
launch vehicle's position in its trajectory and distance from the
earth? Alternatively, should the Commission regulate a space launch
vehicle's operations throughout its trajectory under a single rule
part? Commenters should discuss how the Commission can provide the most
flexibility with the least regulatory burden while serving the public
interest.
15. If the Commission adopts a non-Federal secondary Mobile
allocation, the Commission proposes to implement this allocation by
modifying the footnote to the U.S. Table that the Commission has
adopted to implement the Space Operation allocation in the 2200-2290
MHz band. Similar to the non-Federal space operations allocation, this
mobile allocation footnote would restrict use of the band to pre-launch
testing and space launch operations and require coordination of use of
the band with NTIA prior to each launch. Are all of these restrictions
appropriate for the Mobile allocation in this band? The Federal Mobile
allocation for the 2200-2290 MHz band is currently restricted to line-
of-sight use only, including aeronautical telemetry; excludes flight
testing of manned aircraft; and prohibits the introduction of high-
density mobile systems. Would it be appropriate to adopt any of these
limitations on use of the non-Federal Mobile allocation? Are any other
limitations on use of the non-Federal Mobile allocation necessary?
16. The Space Operation Service is defined in the Commission's
rules as being ``concerned exclusively with the operation of
spacecraft, in particular space tracking, space telemetry, and space
telecommand.'' As the non-Federal Space Operation allocation the
Commission has adopted in the Report and Order is limited to use for
pre-launch testing and during space launch operations the use of this
allocation is limited compared to what would normally be permitted
under a Space Operation allocation. The Commission seeks comment on
whether a greater range of non-Federal space operations should be
permitted under the Space Operation allocation in this band--i.e.,
should the restrictions the Commission has placed on use of this
allocation be modified, reduced, or eliminated? Expanding the scope of
this allocation could be especially useful for permitting communication
between spacecraft during orbital and suborbital missions. For example,
SpaceX has used the 2200-2290 MHz band for communication between its
Dragon spacecraft and the International Space Station. As the
commercial space industry continues to develop, the need for
communication with and tracking of spacecraft is likely to increase. Is
there a need for a non-Federal space operation (space-to-space)
allocation in this frequency band, similar to the Federal allocation?
In considering modifying any restrictions on non-Federal use of this
band, the Commission must keep in mind the need to protect Federal
operations in this band. How could permitting greater non-Federal space
operations activities in the band be done while preventing harmful
interference to Federal operations?
17. The non-Federal Space Operation allocation the Commission has
adopted for the 2200-2290 MHz band is limited by US96 to four subbands:
2208.5-2213.5 MHz, 2212.5-2217.5 MHz, 2270-2275 MHz, and 2285-2290 MHz.
Recent space launches that have accessed this band for telemetry using
STAs have used different portions of the band than these four subbands.
The fact that the channels used for these launches were successfully
coordinated with NTIA indicates that it may be possible to provide
additional flexibility to space launch operators rather than limiting
access to only these four subbands. To provide this flexibility, the
Commission proposes to remove the restriction in US96 limiting use of
the band for non-Federal space operations to the four subbands.
Instead, under this proposal use of the Space Operation allocation
during pre-launch testing and space launch operations could potentially
occur in any portion of the 2200-2290 MHz band. Because of the heavy
use that Federal agencies make of this band, use of this band for
launches will need to be coordinated with NTIA. As Federal use of this
band is likely to evolve over time, this coordination with NTIA will be
necessary on a launch-by-launch basis.
18. While the Commission is proposing to remove the limitation on
use of the Space Operation allocation to four subbands, it may still be
appropriate to place some limitations on the spectrum that may be used
during launches because the band will be shared with Federal users. The
subbands currently in US96 are each 5 megahertz wide with a total of 20
megahertz of spectrum potentially available for use for each launch.
Should non-Federal use of this allocation be limited to channels with a
necessary bandwidth of 5 megahertz as is currently required by US96?
Should there be a limit on the total amount of spectrum available for
use during a launch? If the Commission places limitations on the
bandwidth in each channel or total bandwidth per launch, should there
also be a means for these limits to be waived if there is sufficient
justification? If the Commission leaves in place the restriction on
non-Federal use of the 2200-2290 MHz band to a limited set of subbands,
should the subbands be adjusted to reflect the fact that recent
launches have used channels outside of these subbands?
19. While the NPRM proposed that the Commission adopt a primary
Space Operation allocation for the 2200-2290 MHz band, the Commission
has instead adopted a secondary allocation. Several commenters advocate
adoption of a primary allocation claiming that it will lead to
streamlined licensing, eliminate repeated licensing work, require less
coordination, and provide greater certainty with respect to approvals.
Although the secondary allocation the Commission adopts is clearly
preferable to the current STA process, adopting a primary allocation
may nevertheless be the most appropriate long-term band management
policy. Adopting a primary allocation would place commercial launch
operators on an equal footing with other users of the band and provide
greater certainty to incentivize investment as the commercial space
industry continues to expand with more frequent launches, privately
developed launch facilities, and manned space flights. Therefore, the
Commission seeks comment on whether it should adopt a primary Space
Operation allocation for the 2200-2290 MHz band. The Commission notes
that even if it adopts a primary non-Federal allocation for this band,
individual launches would still have to be coordinated with NTIA
[[Page 30864]]
because of the heavy existing Federal use of the band.
20. 5650-5925 MHz Band. The 5650-5925 MHz band is used for radar
tracking of launch vehicles during launches. This often involves
placing a radar transponder on the launch vehicle, which responds to a
ground-based radar signal that transmits tracking information back to
the tracking station. Because launches in the past have occurred at
Federal ranges, the radar tracking stations used during the launches
have been Federal facilities. However, commercial launch providers have
obtained experimental STAs for transponders on the launch vehicles that
operate in the band.
21. The NPRM made two alternate proposals for providing commercial
entities access to this spectrum for radar tracking during launches.
Under the first proposal, the NPRM proposed to add a footnote to the
U.S. Table providing a primary non-Federal radiolocation service
allocation. The footnote would restrict use of the allocation to
launches and pre-launch testing and would require coordination with
NTIA. In a second proposal, the NPRM proposed to add a primary non-
Federal radiolocation service allocation to the 5650-5925 MHz band with
a footnote containing the same restrictions. The NPRM asked a number of
questions concerning use of the band, such as the operational
requirements for radar tracking during space launches, whether other
radiolocation bands could be used, and if there are compatibility
issues with Intelligent Transportation Systems that are primary in a
portion of the band.
22. In response to the 2013 NPRM, the Commercial Spaceflight
Federation recommended adding a non-Federal allocation to the 5650-5925
MHz band, noting that the band is used by Federal radar facilities to
track launches from government-owned facilities. The New Mexico
Spaceport Authority applauded the Commission in recognizing the
potential to mix Federal and commercial equipment within one system or
service and requests that the Commission design future regulations to
promote interoperability between Federal and commercial systems. The
Aerospace Industries Association argued that no allocation is needed
for the band, given that the band is used for radar tracking from the
Federal launch range, which is managed by the range. Orbital ATK
endorsed adding a non-Federal allocation to the band at 5765 MHz. No
commenters who have discussed the needs of the commercial space
industry with Commission staff in the past year have indicated an
interest in using this band during space launches. In recent years,
only one licensee has obtained licenses for use of the 5650-5925 MHz
band.
23. The Commission seeks further comment on whether to adopt a non-
Federal Radiolocation allocation for the 5650-5925 MHz band by adding a
footnote to the U.S. Table. Should such an allocation be limited to use
for pre-launch testing and tracking of launch vehicles? Radar
transponders transmitting from commercial launch vehicles require
licenses from the Commission, even if the vehicle is launched from a
Federal or commercial launch site and tracked by a Federal ground-based
radar tracking facility. As there currently is no non-Federal
Radiolocation allocation for this band, the Commission issues
experimental STAs to authorize operations in the 5650-5925 MHz band to
support commercial launches. This case-by-case procedure may become
more burdensome as the commercial launch industry grows. However, given
the apparent low interest in this band for radar tracking during
launches, there may be no need to adopt this allocation. Hence, the
Commission seeks comment on the number of launches likely to need
access to this band in the future. Given that recent STAs issued for
use of this band have used only the 5758-5772 MHz portion of the band,
should the allocation be limited only to a portion of the band? Should
the allocation be primary or secondary? Should use of the band be
limited to specific locations such or Federal ranges or FAA-licensed
launch sites?
24. In addition to having an allocation for Federal radiolocation,
the 5650-5925 MHz band is shared with other services. The 5850-5925 MHz
band has a primary non-Federal Mobile allocation with use of this
allocation in the 5895-5925 MHz band limited to the Intelligent
Transportation System radio service. Because launch facilities are
generally not located near public roads and the signal emanates from
high in the sky, ensuring a weak signal at ground level, the Commission
expects negligible, if any, impact on Intelligent Transportation
Systems in the upper portion of the band. Is this expectation
reasonable? If use of this band for space launches would impact
Intelligent Transportation Systems in the upper portion of the band,
are there specific accommodations the Commission could take to minimize
that impact? The 5650-5895 MHz band is currently used by Unlicensed
National Information Infrastructure (U-NII) devices operating under the
Commission's Part 15 rules. U-NII devices operating in the 5650-5725
MHz portion of the band employ dynamic frequency selection (DFS) to
detect the presence of radar signals to avoid causing interference.
Will DFS successfully enable coexistence between U-NII devices and
space launch radars in this portion of the band? In the 5725-5850 MHz
band, U-NII devices operate without the use of DFS. Are there steps the
Commission could take to minimize interference between space launch
radar operations and U-NII and ITS operations in the upper portion of
the band? If interference between these operations is likely, should
the Commission limit this new radar allocation to the frequencies below
5725 MHz? The 5850-5925 MHz band is also allocated to the fixed-
satellite service in the uplink direction with use limited to
international, inter-continental systems. Given the limited number of
earth stations and limited number of launch sites, the Commission
expect that sharing would be feasible though coordination. The
Commission seeks comment on this view.
25. Licensing and Technical Rules for Space Launch Operations. In
this section, the Commission proposes to adopt rules for new non-
Federal space launch operations. As an initial matter, the Commission
seeks comment on how to define non-Federal ``space launch operations.''
The STAs that the Commission has granted in the 2200-2290 MHz band, for
example, have included telemetry from the launch vehicle and the
payload, during the initial space launch, the orbital phase (including
docking with the ISS), and return and reentry of the space launch
vehicle. If the Commission were to cover communications needs during
these operations, do these operations include all activities that may
be needed for a successful commercial space launch operation? Would it
serve the public interest to include all of these operations in the
definition of ``space launch operations''? Is there a need to limit or
further expand the definition to include other space operations? The
Commission also seeks comment on whether and how to define ``space
launch vehicle'' and whether there should be any distinction between a
``launch vehicle'' or a ``reentry vehicle'' for space launch operations
purposes. The Commission seeks to establish rules that flexibly,
efficiently, and effectively support the evolving spectrum requirements
of commercial space launch operations while continuing to adequately
protect vital Federal operations in the bands. In that regard, the
Commission seeks comment on the appropriate licensing and technical
[[Page 30865]]
rules to meet these goals. First, the Commission seeks comment on the
appropriate licensing framework for the non-Federal space launch
operations in the 2200-2290 MHz band, the proposed non-Federal space
launch operations in the 420-430 MHz and 2025-2110 MHz bands, and the
potential non-Federal launch tracking operations in the 5650-5925 MHz
band. The Commission also seeks comment on which Commission rule parts
should apply to different elements of space launch operations, and on
how to integrate these various provisions to facilitate operations of
space launch services, including potentially by creating a new stand-
alone rule part. The Commission proposes and seeks comment on specific
licensing rules, such as rules governing scope of service, eligibility,
license period, application processing rules, and coordination
requirements, as well as technical rules that will foster
interoperability of equipment used for non-Federal and Federal launches
and rules regarding equipment authorization. Finally, the Commission
seeks comment on whether the Commission should update any rules
regarding space launch vehicle use of aeronautical telemetry in the
2360-2395 MHz band.
26. Applicability of Certain Sections of Part 87 (Aeronautical
Mobile). Existing licensing and operating rules under Part 87 currently
support commercial space launch operations in the 2360-2395 MHz band
and offer an established regulatory approach. The telemetry and
telecommand uses identified for the non-Federal space launch operations
in the 2200-2290 MHz band and the proposed non-Federal operations in
the 420-430 MHz and 2025-2110 MHz bands are similar to space launch
telemetry uses permitted in the non-Federal 2360-2395 MHz band, which
are supported under Part 87, Subpart J flight testing rules. The
Commission seeks comment regarding which rules under Part 87 would be
the most appropriate model for non-Federal operations in the 2200-2290
MHz, 420-430 MHz, and 2025-2110 MHz bands, as well as associated
telemetry and telecommand functions, and on the benefits and costs of
applying such rules. In Appendix D, the Commission sets forth proposed
Part 87 rules that could be applied to these operations in these bands,
if the Part 87 model is adopted.
27. The Commission notes that the initial launch and reentry phases
of a space launch operation share some, but not all, of the
characteristics of conventional aviation services, specifically flight
test and aeronautical mobile telemetry uses, which are regulated under
Part 87. Space launch operations may need additional flexibility for
communications with ground stations in the United States, abroad, in
space, and in some instances with other space stations, including
satellites. The Commission also notes that certain Part 87 licensing
and operational rules, while relevant to conventional aviation services
generally, may not be appropriate for space launch operations. The
Commission seeks comment on whether there are Part 87 general licensing
and technical rules that may not be applicable for purposes of
developing a regulatory framework for commercial space launch
operations.
28. Applicability of Part 90 (Private Land Mobile). With respect to
launch vehicle radar tracking functions, the Commission seeks comment
on administering the proposed 5650-5925 MHz band radiolocation
allocation as part of the Radiolocation Service, which is currently
regulated under Part 90. In what phases of space launch operations is
this radar tracking function needed? Are there any space launch
operations phases, including orbital phases, that may require the
Commission to formulate additional radar tracking rules and, if so,
what are those and why would they be needed? The radiolocation uses for
the 5650-5925 MHz band differ from the aeronautical telemetry uses
governed under the Part 87 rules. Because radiolocation operations are
generally regulated under Part 90, the Commission proposes to apply the
existing licensing framework to the 5650-5925 MHz radiolocation use.
This would apply to ground stations as well as to associated
transponders affixed to the space launch vehicle for tracking purposes.
The Commission seeks comment on the benefits and costs of this proposal
and on other possible licensing frameworks. Specifically, is Part 90
the appropriate licensing mechanism for ground stations and
transponders affixed to the launch vehicle or should ground stations
and associated transponders be licensed under Part 87? In Appendix D,
the Commission set forth proposed Part 90 rules that could be applied
to these operations in this band, if the Part 90 model is adopted.
29. Applicability of Part 25 (Satellite). The Part 25 rules provide
for authorization of both space stations and earth stations. Under Part
25, a ``space station'' is defined as a station located on an object
which is beyond, is intended to go beyond, or has been beyond, the
major portion of the Earth's atmosphere; ``space radiocommunications''
is defined as any radiocommunication involving the use of one or more
space stations. In addition, Part 25 includes a definition for
``spacecraft'' as a man-made vehicle which is intended to go beyond the
major portion of the Earth's atmosphere. Given that space launch
vehicles are intended to go beyond the major portion of the Earth's
atmosphere, safely deliver their payloads (typically satellites), and
then reenter the atmosphere, the Commission seeks comment on the
benefits and costs of applying the definition of space stations under
Part 25 of its rules, to radio communications stations on space launch
vehicles. Additionally, some communications between launch vehicles and
ground stations/earth stations may be conducted consistent with the
Commission's rules applicable to earth stations and a space operations
allocation in the U.S. Table of Frequency Allocations. The Commission
notes that the Part 25 rules, including space station and earth station
licensing processes, are designed to license spectrum use by commercial
space services. The Commission seeks comment on which Part 25 rules
could be applied, or used as a model for, the licensing of a space
launch vehicle's communications through its full trajectory, and on the
benefits and costs of this approach.
30. Integrating the Authorization of Space Launch Operations across
Rule Parts. The Commission recognizes that while a space launch
operation may involve distinct telemetry, tracking, and command
operations uses, it may be more practical to address all functions
under a stand-alone rule part. Another option would be to create one or
more subparts specifically to support commercial space launch
telemetry, tracking, telecommand, and other communications needs of
space launch operations. These subparts could establish the conditions
under which frequencies would be licensed for use during a space
launch. The Commission seeks comment on these approaches or on any
alternate approaches. How can the Commission facilitates reliable
access to spectrum while meeting the changing communications needs of
space launch operations during any point of a space launch vehicle's
trajectory? The Commission seeks comment on the best way to authorize
the use of the relevant spectrum bands to cover space launch
operations, starting at the launch site through the launch vehicle's
trajectory and until its final destination, including reentry, in a
flexible, efficient, and effective manner.
[[Page 30866]]
Commenters should discuss the costs and benefits of any licensing
approach that they propose.
31. Licensing Rules for Space Launch Operations. In the Report and
Order, the Commission adopts a secondary allocation for the 2200-2290
MHz band to support the current level of commercial launches and enable
the continued growth of the commercial space launch industry.
Consistent with the Report and Order, the Commission proposes certain
service rules for the 2200-2290 MHz band and for the additional bands
discussed herein.
32. As noted, the non-Federal space operations allocation the
Commission has adopted for the 2200-2290 MHz band includes a
restriction and limits pre-launch testing and space launch operations
to the 2208.5-2213.5 MHz, 2212.5-2217.5 MHz, 2270-2275 MHz, and 2285-
2290 MHz subbands. Consistent with the current allocation, the
Commission seeks comment on restricting the use of the 2200-2290 MHz
band for pre-launch testing and space launch operations to these four
subbands in its service rules. Contingent on the adoption of this
proposal, the Commission proposes to permit licensees to use additional
frequencies outside the four subbands upon adequate justification for
why such additional frequencies are necessary and in the public
interest, on a case-by-case basis. Any requirement for frequencies for
use during launches will have to be balanced with the use of the band
by Federal systems and coordinated with NTIA. As noted in the Report
and Order, any use will be limited to the telemetry and tracking
operations of launch vehicles during pre-launch testing and during
space launch operations. In the FNPRM above, however, the Commission
also seeks comment on whether to remove the allocation restriction
limiting use of the 2200-2290 MHz band for non-Federal space operations
to the four subbands, such that use of the Space Operation allocation
during pre-launch testing and space launch operations could potentially
occur in any portion of the 2200-2290 MHz band. Thus, the Commission
also seeks comment on whether, to provide greater flexibility in
spectrum use, the Commission should remove any presumptive limitation
to the four subbands in the service rules as well given that the use of
any spectrum in the 2200-2290 MHz band would be separately coordinated
for each launch.
33. The Commission also proposes to add a provision restricting use
of the proposed 420-430 MHz allocation to the transmission of flight
termination signals during pre-launch testing and launches. This
transmission would provide for a flight termination signal if a space
launch vehicle goes astray. Because a launch vehicle which has gone
off-course can endanger lives, the flight termination signal link must
be extremely reliable. Therefore, it may not be possible to permit
additional uses--particularly those that are not safety-of-life
services--in the band.
34. Further, the Commission proposes to restrict the commercial
launch use of the 2025-2110 MHz band to telecommand uplink
transmissions from the ground controller stations to the space launch
vehicle in the event that the Commission adds a non-Federal Space
Operation allocation to this band. This allocation would enable space
launch providers to transmit to their space launch vehicles during the
launch and recovery phase of operations. The largest use of the 2025-
2110 MHz band is for the BAS. This band is heavily used by BAS, CARS,
and LTTS operations, as well as by Federal entities for space
operations, space research, and the earth exploration satellite
service. Considering these existing operations, as well as operations
by non-Federal launches on a special temporary authority basis to date,
is it feasible to accommodate uses in addition to the space launch
telecommand uses described above?
35. The Commission further proposes to add a restriction to limit
use of the 5650-5925 MHz band to launch vehicle tracking. Although
frequencies in the 5650-5925 MHz band are available to support certain
non-Federal uses, the predominant use in the band is radiolocation,
with Federal entities using the band for a wide variety of radar
applications, including launch vehicle tracking. In order to promote
interoperability with existing Federal radar tracking functions and to
limit impact to other uses, the Commission proposes to restrict
commercial space launch vehicle uses of this band to radar tracking.
36. The Commission seeks comment on these proposals. In particular,
the Commission seeks comment on whether these proposals provide
sufficient flexibility for existing and future needs of non-Federal
launch activities or whether additional uses should be accommodated if
technically feasible. Additional uses in the bands beyond those
specified above may not currently be possible due to technical
characteristics and existing uses of the bands. However, the Commission
seeks comment on whether to provide flexibility to enable other uses if
it determines such uses are technically feasible and will not restrict
or cause harmful interference to existing uses and incumbent
operations. The Commission seeks comment on the costs and benefits of
limiting the scope of uses in these bands. Commenters also should
discuss what other measures the Commission should consider to promote a
competitive marketplace for space launch operations and services.
37. Eligibility. In the Report and Order, the Commission explains
that opening this spectrum to the commercial space launch industry
would encourage entrepreneurial efforts by providing commercial space
entities certainty in their access to the spectrum that they need to
promote the advance planning and investment necessary for future space
launch activities. The Commission therefore proposes to limit
eligibility to hold authorizations for the 2200-2290 MHz band as well
as the proposed 420-430 MHz, 2025-2110 MHz, and 5650-5925 MHz bands to
non-Federal entities that conduct space launch operations. The
Commission seeks comment on the extent to which the supplemental
eligibility criteria for flight test stations, set forth in Sec.
87.301, would be an appropriate model for space launch license
eligibility. To be eligible for a new commercial space launch license,
the Commission proposes that the applicant must qualify as one of the
following: (1) An operator or manufacturer of a commercial space launch
or reentry vehicle or space launch or reentry vehicle components; (2) a
parent corporation or its subsidiary if either corporation is an
operator or manufacturer of a space launch or reentry vehicle or space
launch or reentry vehicle components; or (3) an educational institution
or a person primarily engaged in the design, development, modification,
and flight test evaluation of a launch or reentry vehicle or launch or
reentry vehicle components. The Commission also seeks comment on
whether to allow other entities that provide space-based services,
including satellite service providers, to be eligible for commercial
space launch licenses. The Commission seeks comment on these
eligibility restrictions, including whether to expand or further
restrict the scope of eligible entities.
38. Currently, each application for a flight test license under
Part 87, Subpart J is required to include a certification to establish
the applicant's eligibility for a license. Similarly, the Commission
proposes to use this as a model to require an applicant for any
commercial space launch frequencies to certify the eligibility criteria
proposed above. The Commission tentatively concludes that requiring
this certification would be in
[[Page 30867]]
the public interest and impose minimal burden on eligible entities. The
Commission seeks comment on this proposal as well as on whether to
impose any additional certification requirements. In some cases, the
Commission has also required subsequent certifications by a licensee
that stations comply with applicable technical requirements, such as in
Sec. 25.133 of the Commission's rules. The Commission seeks comment on
whether to require such a certification, through an appropriate check-
box, by either license applicants or licensees.
39. Shared Frequency Use and Cooperative Use of Facilities. The
Commission proposes to provide non-Federal space launch operators
access to the 2200-2290 MHz band as well as the proposed 420-430 MHz,
2025-2110 MHz, and 5650-5925 MHz bands on a shared, non-exclusive
basis. The Commission traditionally has issued Part 87 licenses on a
shared basis and not for the exclusive use of any licensee. Certain
Part 90 radiolocation uses are also authorized on a similar shared
basis. Similarly, the Commission's Part 25 satellite licensing rules
also include provisions relating to shared and cooperative use of
spectrum. Given that there is the potential for many different launch
vehicle operators to use a given launch area, authorizing commercial
space operations on a shared basis appears to be a reasonable approach
for providing spectrum access for multiple space launch entities. It
should be noted that, in this context, shared use status, while non-
exclusive, does not mean that a licensee will be required to accept
interference. The licensee will be entitled to interference protection
for its launch operations. The Commission seeks comment on this
proposal and request comments on other viable options.
40. Further, in the context of flight test operations, Part 87
generally limits authorizations of flight test land stations to only
one per airport, but it requires that these stations be made available
without discrimination to anyone eligible for a flight test station
license. This rule has enabled the shared use of facilities, which has
reduced costs to licensees and promoted efficient use and competition
in the aviation industry.
41. The Commission seeks comment on whether a similar non-
discrimination policy for all space launch operations in the bands at
issue is also necessary. The Commission is aware that there are launch
sites that currently have ground transmitters for shared use, and it
seeks comment on the practices involving ground stations at Federal
ranges and FAA-licensed sites. Should the Commission adopt rules
providing for non-discriminatory access of these facilities by non-
Federal space launch entities? The Commission seeks comment on whether
non-discriminatory shared use of these facilities is necessary to
support the existing and future needs of commercial space launch
entities. The Commission seeks further comment on the costs and
benefits of a cooperative use of facilities approach, as well as other
facilities that may require non-discriminatory access and ways to
streamline these practices.
42. In licensing space launch operations, the Commission's goals
are two-fold: (1) To encourage innovations and investments in the U.S.
space commerce; and (2) to ensure a regulatory environment conducive to
the establishment of a competitive U.S. commercial space launch sector
while protecting Federal and other users in the bands. In this FNPRM,
the Commission seeks comment on various licensing models with these
goals in mind and aim to bring regulatory certainty in the marketplace
while minimizing administrative burden and duplicative regulations.
43. Site-Based Licensing. A number of Part 87 services, including
flight test station licenses, and Part 90 radiolocation services are
authorized on a site-by-site basis. A site-based licensing model is
helpful in a shared use situation as fixed, well-defined areas of
operation simplify coordination during the application process for
services requiring frequency coordination, and facilitate intensive
spectrum sharing. Moreover, this approach enables the Commission and
interested stakeholders to identify quickly licensees in the band and
their specific areas of operation in the event interference issues
arise, which allows parties to resolve such issues in the shortest
timeframe practicable. The Commission seeks comment on these
conclusions and whether to issue space launch licenses on a site-by-
site basis. Would site-based licensing meet the needs of space launch
operations? Does site-based licensing enable the safe and efficient
operation of shared frequencies while providing the certainty and
flexibility needed to support the existing and future needs of
commercial space launch entities? Are space launch activities centered
usually around certain sites? If the Commission were to adopt site-
based licensing, how should the it define a site?
44. Other Licensing Options. The Commission also seeks comment on
whether there are any other licensing models that may be suitable in
the space launch operations context. For example, would it be
appropriate to license specific space launch vehicles and list
applicable ground stations (including those at the launch sites
licensed by FAA) as authorized communications points with those
vehicles? Another option would be to adopt a new approach combining
various aspects of space-based services and aeronautical service
licensing rules. If the Commission does so, what are the rules that
would be most appropriate for licensing space launch services? Stations
on space launch vehicles could be licensed similar to space stations
and the communicating ground/earth stations could be licensed on a
single or multiple site basis. A ground/earth station's operations also
could be conditioned, for example, on filing of a certification before
a planned space launch to certify that any required frequency
coordination has been satisfactorily completed and the relevant ground/
earth stations are in compliance with all applicable legal and
technical rules that the Commission might adopt for space launch
operations. Or licensing of space launch operations could be similar to
licensing models applicable to certain wireless services such as the
3650-3700 MHz band, and the 71-76 GHz, 81-86 GHz, 92.0-94.0 GHz, and
94.1-95.0 GHz bands. Pursuant to these approaches, space launch
operators could have access to various spectrum bands on a non-
exclusive, yet protected, basis, but would be subject to measures
designed to promote shared use of spectrum, such as a registration and
frequency coordination requirement prior to each launch. With respect
to the terrestrial nationwide, but non-exclusive, licensing approach,
which typically has been used for shorter-distance terrestrial wireless
services, could such a licensing approach be effective as applied to
all phases of operations, including orbital phases? Could such a
licensing process streamline the information that would be needed for
initial licensing and then registration and coordination prior to a
planned launch? The Commission seeks comment on the feasibility, costs,
benefits, and potential challenges (if any) associated with each of
these proposals.
45. Comments should discuss any needed changes that should be made
to reduce potential administrative burdens and streamline the site-
based licensing process as well as any other alternatives. The
Commission also seeks comment on service area definitions as well as
alternatives and the costs and benefits of proposed alternatives.
[[Page 30868]]
46. Authorized Bandwidth. The Commission proposes to grant licenses
for non-Federal operations in the 2200-2290 MHz band using a 5
megahertz bandwidth, similar to NTIA's limit for transmissions by
Federal space-to-Earth operations in the band. The Commission further
seeks comment on permitting licensees to use larger bandwidths upon
adequate justification for why such bandwidth are necessary and in the
public interest, on a case-by-case basis. Any requirement for
additional bandwidth for use during launches will have to be balanced
with the use of the band by Federal systems and coordinated with NTIA.
The Commission's review of experimental authorizations requested for
the 2200-2290 MHz band indicates that the majority of applications
involved requests for bandwidths of less than 5 megahertz. The
Commission tentatively concludes that licensing the 2200-2290 MHz band
in 5 megahertz channel blocks will likely accommodate most non-Federal
launch vehicle operations in the band and provide licensees with
greater flexibility than authorizations with a smaller bandwidth. This
approach is consistent with NTIA's stated preference. The Commission
seeks comment on this approach as well as other approaches. The
Commission notes that 2360-2395 MHz band space launch telemetry and
telecommand operations may be authorized in bandwidths of 1, 3, and 5
megahertz. Should the Commission similarly authorize the 2200-2290 MHz
band in a range of bandwidths?
47. As discussed, the Commission is proposing to allocate the
entire 420-430 MHz and 2025-2110 MHz bands for flight termination and
telecommand uses, respectively, and is seeking comment regarding the
portions of the 5650-5925 MHz band that should be allocated for launch
vehicle tracking purposes. The Commission seeks comment on the
appropriate bandwidth or spectrum blocks for the proposed 420-430 MHz,
2025-2110 MHz, and 5650-5925 MHz allocations. The Commission notes that
the bandwidths associated with experimental authorizations granted for
frequencies in the 2025-2110 MHz and 5650-5925 MHz bands have varied in
size. The Commission seeks comment on the typical and/or necessary
bandwidths applicable to the space launch uses specified in this
proceeding. Consistent with an NTIA recommendation, the Commission
further seeks comment regarding the 420-430 MHz band, specifically on
``the most appropriate frequencies . . . for each designated launch
facility based on which frequencies can be supported for sending
command destruct/flight termination signals.''
48. License Term and Renewal. The Commission historically has
established ten-year terms for wireless radio service licenses,
including Part 87 aviation and Part 90 radiolocation licensees. In the
satellite licensing context, most satellites are authorized for a 15-
year license term. The Commission tentatively concludes that ten-year
terms will provide certainty and flexibility for space launch providers
and therefore proposes to issue commercial space launch licenses for
ten-year terms. The Commission recognizes, however, that the spectrum
and use must be carefully managed and coordinated due to the heavy use
of these bands, and the Commission notes that it has granted shorter
license terms for Part 87 flight test stations pursuant to the
frequency coordination process as a means to manage and ensure periodic
reevaluation of possible interference issues. Several commenters have
suggested a shorter five-year period as an appropriate license term.
The Commission seeks comment on alternative license terms.
49. The Wireless Radio Services (WRS) proceeding established the
process for renewing a site-based license. Specifically, it provided
that a site-based WRS licensee will meet our renewal standard if it can
certify that it is continuing to operate consistent with its most
recently filed construction notification (or most recent authorization,
when no construction notification is required), and make the
certifications regarding permanent discontinuance and substantial
compliance with Commission rules and policies that are applicable to
all renewal applicants seeking to avail themselves of one of the
renewal safe harbors. Services subject to this site-based renewal
standard include the Part 90 Radiolocation Service. The Commission
proposes to extend this renewal standard to licensees in the 5650-5925
MHz band to the extent the Commission applies the Part 90 Radiolocation
Service rules to this band. The Commission request comment on this
proposal.
50. The WRS Order does not apply to Wireless Radio Services that
are licensed by rule or on a ``personal'' basis or that have no
construction/performance obligation. This includes most Part 87
services. The Commission seeks comment on whether to require commercial
space launch licensees make a ``renewal showing,'' for instance,
certifying that it is operating consistent with its initial application
for authorization or that it has complied with the required
coordination. The Commission seeks comment on whether this renewal
showing is warranted for the bands at issue given the heavy use by
Federal agencies. The Commission believes that requiring a renewal
showing in these bands would facilitate efficient spectrum use by
ensuring that licensees use the spectrum productively, collaboratively,
and in compliance with Commission rules during their initial license
terms. The Commission seeks comment on the costs and benefits of
imposing a renewal requirement for commercial space launch operations
licensees.
51. Application Process. The Commission seeks comment on the
application process to be used to assign commercial space launch
licenses. As an initial matter, the Commission seeks comment on whether
assignment of space launch operations licenses is subject to Section
309(j) of the Communications Act. The Commission notes that, while
Section 309(j) of the Communications Act requires that it assign
spectrum licenses through the use of competitive bidding for mutually
exclusive license applications, the shared, non-exclusive licensing the
Commission is proposing for the spectrum bands at issue would not
result in mutually exclusive applications and thus would not be subject
to such competitive bidding requirements. However, where Section 309(j)
applies and to the extent that the Commission determines that it is in
the public interest to adopt a licensing scheme that would result in
mutually exclusive license applications, it proposes to use the general
competitive bidding rules set forth in Part 1, Subpart Q, of the
Commission's rules. The Commission seeks comment on these conclusions
and proposals.
52. With respect to application framework, the Commission is aiming
to establish an application framework that would increase the
regulatory certainty while reducing the administrative burden. One
approach would be to apply the existing licensing framework for Part 87
and Part 90 licensees to commercial space launch operations
applications. Currently, applicants for Part 87 flight test stations
and Part 90 radiolocation licenses are required to submit FCC Form 601
and associated schedules through the Universal Licensing System (ULS).
The Commission seeks comment on requiring applicants seeking
authorization for 2200-2290 MHz as well as the proposed 420-430 MHz,
2025-2110 MHz, and 5650-5925 MHz
[[Page 30869]]
frequencies to file an FCC Form 601 and applicable schedules through
ULS under the appropriate rule part designation. The Commission seeks
comment on the benefits and costs of this approach. Another approach
would be to use aspects of Form 312 and Schedule S, with narrative
legal and technical information similar to licenses under Part 25 and
filing in the International Bureau Filing System (IBFS). The Commission
seeks comment on these and any alternative approaches.
53. Depending on the licensing scheme, for example, if the
Commission adopts site-based licensing, would it be in the public
interest to license the bands individually and use separate
applications for separate spectrum bands? The Commission recognizes
that not all operators will seek authorization for all of the bands at
issue. Moreover, even where an applicant seeks multiple frequency
bands, the applicant may not have the same site or area of operation
for each of the bands. Would separate licensing of separate bands be
less burdensome and provide more flexibility for applicants than a
single multi-band license application process, similar to space station
and earth station licensing? Would some of the differences in
operational parameters be addressed more efficiently in a nationwide
non-exclusive licensing application which would be coupled with a
planned launch coordination registration? Are there any coordination
issues in any of the frequency bands that would benefit from site
licensing? Would it be simpler and less costly for the Commission to
incorporate into the existing ULS or IBFS licensing processes and/or
forms? What are the most efficient and effective way to license space
launch operations that will provide operators with substantial benefits
in terms of flexibility and efficiency, and will facilitate rapid
implementation of this service?
54. To support the evolving communications needs of space launch
entities and to provide flexibility sufficient to support innovation
and investment in new technologies, the Commission seeks comment on how
to allow applicants for space launch licenses to request authorization
covering all launches within their license terms. The Commission also
seeks comment on any measures needed to implement a multi-launch
approach. For example, how should the Commission account for any
variances in vehicle trajectory or spectrum usage from launch to
launch? Should operators be required to file a modification or
notification to change certain characteristics of their license, and if
so, which characteristics? Which of these variances must be reflected
in the license and which ones can be addressed during a planned launch
coordination stage on a case-by-case basis? What information should be
required to be provided at the licensing application stage and the
planned launch stage?
55. If the Commission were to adopt a site-based licensing system
for commercial space launch operations, under this proposal, applicants
may request: (1) Fixed stations on the ground, (2) mobile stations on
the ground, and/or (3) stations on launch vehicles. For fixed ground
site locations, each applicant would include in its application the
specific coordinates for its proposed fixed sites. Because most space
launch entities conduct launches at specific fixed sites, the
Commission does not anticipate that providing this information will be
burdensome. For mobile stations on the ground, each applicant would
specify a mobile area of operation, as defined by a center point and
radius governing their area of operation. Would this definition of
mobile area of operation provide licensees the flexibility needed to
support the existing and future needs of space launch entities? The
Commission seeks comment on this proposed definition of mobile area of
operation and on alternate definitions that might further its goals of
providing flexibility to space launch operators while protecting other
uses in the bands. For example, should the mobile area of operation be
defined by a specific county or some other metric, such as an option
that allows the applicant to describe in text the proposed area of
operation? For stations on launch vehicles, these stations can be
authorized within a specific area of operation with a center point and
radius coordinated and approved by an approved frequency coordinator.
The Commission seeks comment on these proposals. The Commission further
seeks comment on whether an applicant's ground stations in the United
States should be licensed separately from the launch vehicle stations
with which they are communicating, or whether those operations may be
encompassed within a single license.
56. Launch vehicle operations can be categorized broadly into two
take-off modes: A vertical take-off like a traditional launch vehicle
or a horizontal take-off from a runway. In addition, launch vehicles
can be either expendable or reusable. Further, an operator may seek to
use different launch vehicles from launch to launch. The Commission
seeks comment on whether the proposed site-based licensing framework
and area of operation definitions will adequately accommodate all of
these initial launch and reentry scenarios. To the extent that
commenters believe that the proposals cannot be applied satisfactorily
to all take-off, flight, and landing operations, the Commission
requests comment on alternate licensing options or definitions. The
Commission asks commenters to evaluate the costs and benefits of these
proposals as well as alternatives or additional requirements that may
be needed to improve the application process and to address the
specific needs of the commercial space launch industry.
57. ITU Process. The Commission notes that the International
Telecommunication Union (ITU) Radio Regulations are treaty provisions
binding on the United States, and require that no transmitting station
may be established or operated by a private person or by any enterprise
without a license by or on behalf of the government of the country to
which the station in question is subject. The Communications Act of
1934, as amended, provides the FCC with authority to take actions to
implement the ITU Radio Regulations. The operations of the radio
facilities on launch vehicles therefore must be authorized consistent
with the ITU Radio Regulations. Because these operations could cause
harmful interference in other countries, the Commission proposes to
require applicants to submit appropriate draft documentation for
submission to the ITU. The Commission seeks comment on this proposal
and whether there are other alternatives, including bi-lateral
coordination with affected countries, to coordinate and minimize
harmful interference from any FCC authorized space launch operation.
58. The Commission seeks comment more generally on the ITU process
as it relates to space launch vehicle licensing and operations. In the
space station context, operators provide information to the Commission
for submission to the ITU as part of the space station application or
authorization process. If the Commission were to decide to apply this
process, the Commission seeks comment on how and when launch vehicle
operators should provide it with information for submission to the ITU.
One possibility would be an approach where launch vehicle applicants or
licensees submit information to the Commission for an ITU submission
regarding an upcoming planned launch
[[Page 30870]]
a certain number of days prior to the planned launch. The Commission
seeks comment on this approach and on alternatives. The Commission
notes that this process is likely to vary depending on the licensing
regime adopted, in particular on the scope of the license, such as
whether a license covers multiple launches, including multiple launch
trajectories. The Commission seeks comment on how the scope of the
license should affect the applicant's submission of information for the
ITU process.
59. Space Launch Vehicle Operations Outside the United States. The
Commission observes that launch vehicle flight paths will commonly
extend downrange beyond the U.S. territories, requiring the space
launch vehicle to communicate with ground-based telemetry, tracking,
and telecommand stations located outside of the United States,
particularly in the 2025-2110 MHz and 2200-2290 MHz frequency bands.
Such communications could be considered within the scope of a Part 87
authorization, for example, or be addressed by a licensing approach
covering launch vehicles that would allow operations of such vehicles
with ground stations both within and outside the U.S. territories,
similar to a space station license under Part 25. The Commission seeks
comment on these observations and the best way to authorize the use of
the relevant spectrum bands to cover these operations.
60. The Commission seeks comment on whether it should view such
launch vehicle operations as being authorized under the applicable
site-based license subject to the requirement that such use is
identified in the application and ITU coordination is completed. Or
should such use be separately authorized? Would an alternative type of
license better address operations with ground/earth stations outside
the United States? The Commission notes that the ability of a launch
vehicle operator to obtain ground station authorizations outside the
United States may be dependent upon U.S. launch vehicle licensing and/
or ITU coordination and/or notification procedures, as needed. The
Commission seeks comment on the various licensing approaches, given the
need for down-range communications, and on the role that ITU
coordination should have in the particular licensing approach.
61. Operations Inside the United States with non-United States
Space Launch Vehicles. The Commission seeks comment on how the
Commission should authorize ground station operations in the United
States with space launch vehicles that are not authorized by the United
States. For example, a space launch vehicle originating from a non-U.S.
launch site and not otherwise authorized by the United States may seek
to communicate with ground stations in the United States. Should the
Commission adopt a process for ground station operators to request
communications with these launch vehicles? For example, in the context
of Part 25 satellite licensing, ground/earth station operators in the
United States can apply for authority to communicate with non-U.S.-
licensed space stations. In the space launch context, should
applications be filed by the U.S. ground/earth station operators? And,
if so, what information should be required?
62. Alternative Approach. The Commission also seeks comment on
whether an authorization should be structured to cover all the bands
allocated for commercial launch services, including operations outside
the United States, discussed above. In other words, a single license
application would be used to request multiple spectrum bands and
associated uses on a single launch vehicle. For example, if a launch
vehicle receives a flight termination signal in one frequency band and
operates TT&C in a different frequency band, what are the costs and
benefits to those operations being covered under a single space launch
operations license? Would such an approach streamline our licensing
processes or complicate them? What are the procedural and legal
challenges that the Commission needs to consider with such a licensing
approach? This approach also could be combined with the site-based or
nationwide non-exclusive licensing approaches discussed above. Would
such an approach serve the public interest? If the Commission were to
adopt such an approach how can it be implemented? What licensing
information should be required at the licensing application stage and
the planned launch coordination stage? The Commission requests comment
on these alternatives and seeks input on any other alternatives it
should consider. The Commission asks that commenters discuss the
impacts of a proposal, including associated administrative burdens or
benefits.
63. Frequency Coordination. Frequency coordination minimizes the
likelihood of interference between operations and facilitates the
efficient use of spectrum. The Commission seeks comment on the
appropriate coordination process between Federal and non-Federal users
to be used prior to the grant of an application for space launch
frequencies as well as a coordination process for the ongoing use of
these frequencies by operators during their license terms.
64. As discussed in the Report and Order, the Commission shares
licensing authority with NTIA. Section 301 establishes the Commission's
licensing authority over non-Federal stations, and section 303 grants
the Commission authority to ``[m]ake such rules and regulations and
prescribe such restrictions and conditions, not inconsistent with law,
as may be necessary to carry out the provisions of this [Act.]''. NTIA
maintains licensing authority over Federal stations pursuant to section
305(a). The Commission and NTIA's shared licensing authority is guided
by an established set of procedures for developing regulations for
radio services in the shared bands and for authorizing frequency use by
Federal agencies and Commission licensees.
65. These procedures, set forth under the Memorandum of
Understanding (MOU) between NTIA and the Commission, require the
agencies to endeavor to give notice to each other of ``all proposed
actions that could potentially cause interference'' to non-Federal and
Federal operations respectively. NTIA coordinates with Federal spectrum
users through the Interdepartment Radio Advisory Council (IRAC), a
committee that includes representation from different government
agencies, and typically includes a review period of 15 business days.
66. Until the Commission adopts licensing and technical rules, the
Commission will continue to coordinate STAs issued to commercial
operators for space launch purposes with NTIA, pursuant to the MOU.
Even after licensing and technical rules go into effect, the Commission
will continue to have to pre-coordinate licenses with NTIA. Although
the Commission is adopting one and proposing three other permanent non-
Federal allocations for these bands, coordination is still required for
use of these frequencies, given the potential for impacts to and from
Federal users in these bands, as well as the potential for harmful
interference among non-Federal users. The Commission therefore seeks
input on a coordination procedure that will adequately minimize the
potential for harmful interference, while also minimizing burdens on
launch operators to the extent possible.
67. Pre-grant coordination. To help ensure that users in a band are
protected from harmful interference, the Commission has incorporated
various
[[Page 30871]]
coordination requirements in its service rules, particularly in bands
with shared use, in addition to the standard IRAC process. For example,
applicants for flight test station licenses under Part 87, Subpart J
are required to meet all applicable frequency coordination
requirements. Section 87.305 requires that, prior to submission of an
application to the Commission, a frequency advisory committee must
coordinate all frequency requests with applicable Federal Government
area frequency coordinators and provide recommendations regarding
operating parameters. A flight test station application must include a
frequency coordination statement from the frequency advisory committee,
which includes a technical evaluation and recommendations to minimize
interference. Once the application is submitted to the Commission, the
request is then also submitted to NTIA for coordination, pursuant to
the FCC and NTIA's MOU.
68. The Commission seeks comment on whether it should require
applicants for a license in space launch frequencies to undergo a pre-
application coordination requirement similar to that specified in Sec.
87.305. This pre-application coordination requirement historically has
been successful in minimizing the risk of harmful interference between
flight test stations and other users of the band. Adopting a similar
process may be helpful in the space launch context given the heavy
usage of these bands by Federal entities as well as other space launch
operators and the potential of interference to these operations. While
it may, on first glance, seem that there is duplicative review, the
pre-application coordination helps to narrow down the acceptable
operating parameters of the use, thereby reducing administrative
burdens and expediting review once the application is submitted. The
Commission seeks comment on whether to apply this pre-application
coordination process, or whether, in the alternative, it should impose
a different coordination process.
69. In this regard, the Commission observes that Federal entities
seeking to use the 2025-2110 MHz band for TT&C uplink purposes must
complete a similar coordination process prior to submitting an
application for authorization to NTIA. A Federal entity must coordinate
with all BAS and other non-Federal incumbents that may be affected by
the Federal operation prior to submitting an application, and must
engage the local BAS frequency coordinator(s), where available, in
support of achieving such coordination. To the extent that the
Commission adopts a non-Federal allocation in the 2025-2110 MHz band
for TT&C uplink purposes, it seeks comment on whether to require
commercial space launch operators seeking to use the band to follow the
same pre-application coordination process to help ensure that launch
operations will not cause harmful interference to applicable non-
Federal and Federal incumbents in the band. Alternatively, the
Commission seeks comment as to whether it should apply a different pre-
application coordination, such as the process identified in Sec.
87.305.
70. If the Commission determines it would be in the public interest
to adopt a pre-application coordination requirement, should the
Commission appoint a designated frequency coordinator to streamline the
coordination process? The Commission designated the Aerospace and
Flight Test Radio Coordinating Council (AFTRCC) as the frequency
coordinating committee for non-Government flight test telemetry station
assignments in the 1435-1535 MHz band and extended authority to the
2310-2320 MHz and 2345-2390 MHz bands. If the Commission decides to
appoint a specific frequency coordinator, would it be in the public
interest to extend AFTRCC's authority, or should the Commission appoint
a different entity?
71. Post-grant coordination. Given that the license terms
associated with permanent authorizations may span several years, the
Commission seeks comment on coordination between space launch licensees
and other users of the respective bands for separate launch operations.
The Commission notes that experimental STAs are approved, and thereby
coordinated, on a per launch basis. By contrast, the Part 87 flight
test rules do not require additional formal coordination once an
application has been granted. Given the complicated logistics entailed
in a space launch operation, as well as changes in the operational
environment on and around Federal ranges and other sites that are
likely to occur over time, the Commission does not believe that a one-
time coordination would be effective to cover all launches that occur
during the term of an operator's license. At the same time, the
Commission also wishes to avoid a coordination process that is overly
burdensome for launch operators or that injects uncertainty as to
spectrum access. The Commission requests that commenters propose
solutions for this issue in their comments.
72. The Commission seeks comment on other coordination processes
that are streamlined and efficient for space launch entities yet are
also adequately protective of Federal operations and consistent with
the provisions of the Commission and NTIA's MOU. The Commission asks
that commenters include detailed coordination procedures in their
proposals, as well as the cost and benefits of the proposed process.
The Commission notes that, given the importance in minimizing the
potential for harmful interference to Federal and non-Federal uses
alike in these bands, the Commission does not anticipate that
coordination procedures would include a ``shot clock''--i.e., a
provision that permits launch operators to move forward if review has
not been completed by a certain date. The Commission seeks comment,
however, on whether notification procedures could, under some
circumstances or conditions, be sufficient to meet coordination
requirements.
73. Technical Rules for Space Launch Operations. The Commission
seeks comment on a proposed technical framework and on additional
technical requirements for operations in the non-Federal allocations in
the 2200-2290 MHz band and for operations in the proposed non-Federal
allocations in the 420-430 MHz, 2025-2110, and 5650-5925 MHz bands. The
Commission seeks to develop a technical framework and requirements that
can address the unique needs of the commercial space sector.
74. The Commission's goal in establishing a technical framework for
commercial space launch operations is to develop rules that support the
evolving interests and requirements of commercial space entities while
minimizing harmful interference between Federal and non-Federal
operations. The Commission finds that the current framework that
applies to Federal operators offers a predictable and tested model that
promotes the efficient use of spectrum while minimizing interference
among users in these bands. The Commission therefore proposes to adopt
a similar set of technical rules to non-Federal space launch operations
in the newly allocated 2200-2290 MHz band as well as in the proposed
allocations. The Commission finds that adopting a technical framework
similar to that which currently applies to Federal operations will
promote interoperability and allow commercial launch providers to
benefit from the economies of scale inherent from using the same radio
systems for both Federal agencies and commercial customers.
75. In the 2013 Notice of Proposed Rulemaking, the Commission
sought comment generally on how to support
[[Page 30872]]
the anticipated growth of the commercial space launch industry. The
Commission asked whether providing non-Federal access to this spectrum
would allow commercial space launch operators to incur lower
development costs because they would be able to use the same
communications systems for both Federal and non-Federal launches.
76. Several commenters support allocations and service rules that
promote interoperability between Federal and commercial systems. For
example, New Mexico Spaceport Authority (NMSA) maintains that
interoperability between ranges avoids increased costs for development,
hardware acquisition, operations, and testing; saves on opportunity
costs; increases competition among launch providers and launch sites;
and promotes the industry overall.
77. The Commission seeks comment on its proposal to model a
technical framework on rules applicable to Federal launch operations.
The Commission discusses below, as examples of this approach, certain
technical requirements set forth in NTIA rules or ITU Radio Regulations
and seeks comment on whether to apply similar rules to the 2200-2290
MHz band, as well as the proposed 420-430 MHz, 2025-2110 MHz, and 5650-
5925 MHz allocations. The Commission seeks comment on other technical
requirements that apply to Federal space launch operations in the
relevant bands, such as any requirements regarding frequency tolerance,
emissions classifications, or emissions levels, the benefits and costs
of such requirements, whether the Commission should apply these
requirements to non-Federal operations, and any additional technical
rules needed to achieve its goals. For example, Table 5.2.1 of the NTIA
Manual specifies frequency tolerance standards for aeronautical, space,
and radiolocation stations in the frequencies at issue in this
proceeding among others. The Commission seeks comment on adopting these
or alternative frequency tolerance standards.
78. 2200-2290 MHz. The 2200-2290 MHz band typically is used, in
non-Federal space launch operations, for sending telemetry data from
the launch vehicle to ground controllers. NTIA explains that Federal
operations in the band primarily consist of tracking, telemetry, and
control data communications for control of spacecraft. The band is used
by Federal agencies in space operation, space research and Earth
exploration-satellite service (space-to-Earth) for communications with
earth stations and return links via TDRSS (space-to-space), which
provides links between low earth orbiting spacecraft and earth
stations. Federal agencies and the military also use this band for
terrestrial telemetry operations for aircraft, missile flight testing,
land and maritime mobile communications, and fixed point-to-point
microwave relay communications.
79. As discussed above, the Commission has adopted a Space
Operation allocation for the 2200-2290 MHz band and is also seeking
comment on adopting a Mobile allocation in this band. As space launch
operations in this band may potentially operate under this dual
regulatory approach, the Commission seeks comment on technical
requirements under both a space operations and aeronautical mobile
allocation, including whether these technical rules align with NTIA's
requirements for both Federal and non-Federal space operations and how
the Commission might promote consistency between and among the various,
similarly situated services authorized in the band.
80. Emission mask. Under NTIA's space operations requirements,
earth and space stations in the space operations service above 470 MHz
must comply with the emissions mask standard established in section
5.6.2 of the NTIA Manual. Section 5.6.2 provides that for frequencies
offset from the assigned frequency less than the 50 percent of the
necessary bandwidth, no attenuation is required. At a frequency offset
equal to 50 percent of the necessary bandwidth, an attenuation of at
least 8 dB is required. Frequencies offset more than 50 percent of the
necessary bandwidth should be attenuated in accordance with a specified
formula dependent on necessary bandwidth and frequency displaced from
the center of the emission bandwidth.
81. Section 5.3.9 of the NTIA Manual provides that aeronautical
telemetry operation in the 2200-2290 MHz band must meet the emissions
limits from Chapter 2 of the Inter-Range Instrumentation Group (IRIG)
Standard 106-15, Part 1. Chapter 2 of IRIG Standard 106-15, Part 1
(hereinafter IRIG Standard 106-15), in turn, includes the following
aeronautical telemetry spectral mask: All spectral components larger
than -[55 + 10xlog(P)] dBc (i.e., larger than -25 dBm) at the
transmitter output must be within the spectral mask calculated using
the following equation:
M(f) = K + 90 log(R)-100 log [verbar]f-fc[verbar]; [verbar]f-fc[verbar]
>= R/m
Where:
M(f) = power (dBc) at frequency f (MHz)
K = -20 for analog signals
K = -28 for binary signals
K = -61 for FQPSK-B, FQPSK-JR, SOQPSK-TG
K = -73 for ARTM CPM
fc = transmitter center frequency (MHz)
R = bit rate (Mbps) for digital signals or ([Delta]f +fmax)(MHz) for
analog FM signals
M = number of states in modulating signal (m = 2 for binary signals,
m = 4 for quaternary signals and analog signals)
[Delta]f = peak deviation
fmax = maximum modulation frequency
82. While the Commission seeks to align the technical parameters
used by Federal and non-Federal operations to facilitate
interoperability, it also seeks to introduce measures that will help
licensees to simplify or streamline operations, while ensuring that
other users in the band are protected. To that end, the Commission
requests comment on the utility of using one specific mask for all non-
Federal operations in the band as an alternative to NTIA's dual
emissions mask approach. For example, the Commission seeks comment on
applying the space operations emissions mask described above at all
stages of flight, or whether alternatively the emission limits for
space stations found in Part 25 should be applied. As another
alternative, the Commission seeks comment on the use of the emission
mask described in part 87 of the Commission's rules: (1) On any
frequency removed from the assigned frequency by more than 50 percent,
up to and including 100 percent of the authorized bandwidth, at least
25 decibels attenuation; (2) on any frequency removed from the assigned
frequency by more than 100 percent, up to and including 250 percent of
the authorized bandwidth, at least 35 decibels attenuation; and (3) on
any frequency removed from the assigned frequency by more than 250
percent of the authorized bandwidth, at least 43 + 10 log(pY) decibels
or 80 decibels, whichever is the lesser attenuation. The Commission
seeks comment on these emission masks and whether such masks are
appropriate notwithstanding our goal of promoting interoperability.
Alternatively, the Commission seeks comment on whether to follow the
NTIA approach of applying the aeronautical telemetry and space
operations emission masks referenced by the NTIA Manual to first-stage
and subsequent telemetry operations in the band, respectively, or any
other alternatives.
83. Power limits. The RCC's IRIG Standard 106-15 that NTIA applies
to aeronautical telemetry in the 2200-2290 MHz band provides that the
EIRP of a transmitter shall not exceed 25 watts and that the output
power shall not
[[Page 30873]]
exceed 25 watts. NTIA's space operations requirements, in contrast, do
not impose a power limit, and instead rely on a power flux-density
limit. Consistent with the Federal requirements, the Commission seeks
comment on whether to limit first-stage operations to an effective
radiated power of 25 watts and a transmitter output power of up to 25
watts, and below, the Commission seeks comment on whether to apply a
power flux-density limit on operations after the first stage.
Alternatively, if the Commission adopts a power flux-density limit in
the band, the Commission seeks comment on whether no further limit on
power is necessary, or whether it should adopt an alternative to the
power limit in IRIG Standard 106-15.
84. Power flux-density limits applicable to second-stage
operations. The ITU Radio Regulations establish power flux-density
limits at the surface of the Earth from space research, space operation
and Earth exploration-satellite services in the 2025-2110 MHz and 2200-
2290 MHz bands in order to protect the fixed and mobile services in
those bands. These limits are reflected in section 8.2.36 of the NTIA
Manual. The Commission seeks comment above on potentially treating
commercial space operations in the band under both a mobile service and
space operation service allocation framework. If the Commission adopts
this approach, what should be the boundary between these regulatory
frameworks for purposes of applying the ITU power-flux density limits?
Should the ITU power flux-density limits apply when the launch vehicle
is above a specified altitude, at a certain time after launch, at a
particular stage of operation, or based on some other fashion on launch
operations in the band? For example, the power flux-density limits
could apply after 15 minutes of flight, or alternatively, could apply
to either the second or subsequent stage of the launch vehicles
operation. Would applying the power-flux density limit above a certain
altitude better accommodate reentry operations as well? To the extent
NTIA requires space launch operations to meet the PFD limit, at what
stage of the launch (or at what demarcation point) does NTIA require
compliance with the limit? Should the Commission adopt a parallel
requirement in its technical rules? The Commission further seeks
comment on whether, aside from the interest in harmonization, it should
impose the power flux-density limit on operations in the 2200-2290 MHz
band in a reference bandwidth of 1 megahertz instead of 4 kilohertz,
consistent with Recommendation ITU-R SA.1273.
85. 420-430 MHz. As noted, the 420-430 MHz band typically is used
for sending flight termination commands from ground control to the
launch vehicle, if necessary, during launch. Non-Federal entities may
obtain access to this band through STAs. NTIA explains that the band is
also used by the military and other Federal agencies for a number of
important radar applications, multi-function position-location
communications systems, and test range telecommand and flight
termination systems, making the band essential to national security.
86. The Commission recognizes that several commercial space launch
entities have migrated or are in the process of migrating the flight
termination signal from transmission of a signal from the ground
station to launch vehicle to an automated function within the launch
vehicles via onboard systems (i.e., the flight termination sequence is
now initiated from onboard the launch vehicle). Moreover, launches to
date have occurred at Federal ranges, so access to this band by
commercial launch providers has not been necessary. However, the
Commission expects this to change as companies transition towards using
commercial launch sites in the future. Therefore, adopting technical
rules for commercial flight termination functions in the 420-430 MHz
band is critical for ensuring the public is protected during space
launches. To facilitate seamless operation with respect to Federal and
non-Federal operations, the Commission seeks comment on whether to
apply the same technical specifications for flight termination used by
Federal space launches to non-Federal operations. For example, below,
the Commission seeks comment on applying NTIA rules regarding emission
mask and power limits.
87. Emission mask. NTIA requires land/mobile stations in the 420-
430 MHz band to meet the standard established in section 5.2.2.2. This
section requires that the mean power of any emission supplied to the
antenna transmission line, as compared with the mean power of the
fundamental, must be in accordance with the following: (a) On any
frequency removed from the assigned frequency by more than 75 percent,
up to and including 150 percent, of the authorized bandwidth, at least
25 decibels attenuation; (b) on any frequency removed from the assigned
frequency by more than 150 percent, up to and including 300 percent, of
the authorized bandwidth, at least 35 decibels attenuation; and (c) on
any frequency removed from the assigned frequency by more than 300
percent of the authorized bandwidth, two levels of attenuation
depending on whether the transmitter operates with mean power of (1)
less than 5 kilowatts or (2) 5 kilowatts or greater.
88. To facilitate similar treatment among non-Federal and Federal
launches, the Commission proposes to apply an emission mask similar to
section 5.2.2.2 to commercial launch operators using the 420-430 MHz
band for flight termination purposes. The Commission seeks comment on
the proposed emission mask. The Commission requests comment on
alternative limits, and on the need for an emission mask generally for
the transmission of this singular function.
89. Power limits. NTIA permits a maximum power limit of 1 kW of
transmit power for range safety operations in the 420-450 MHz bands,
which include flight termination operations such as self-destruct
commands. Requests for additional power must be coordinated with and
agreed to by the Commission. Range safety operations at three specific
locations--Vandenberg AFB, CA; White Sands Missile Range, NM; and Cape
Canaveral AFS, FL--may be authorized up to 10 kW transmit power without
Commission coordination.
90. The Commission aims to provide flexibility to space launch
operators using this band, but the Commission recognizes that limits
are particularly necessary in this band, given that the intended use of
this band is for safety-of-life applications. Consistent with the NTIA
requirements, and with NTIA's stated preference for non-Federal launch
operations in the band, the Commission proposes to permit an effective
radiated power of up to 1000 watts by non-Federal launch providers. The
Commission seeks comment on whether the proposed limits are sufficient
to provide both the flexibility and the protection necessary to this
safety-of-life application. The Commission also seeks comment on
whether to consider alternative limits.
91. 2025-2110 MHz. The 2025-2110 MHz band supports fixed and mobile
services on a primary basis for non-Federal terrestrial use. The band
is allocated to BAS and LTTS for fixed and mobile use and to CARS for
mobile use only. Federal operations include communications with
satellites or other space stations, as well as between satellites or
spacecraft, occurring under primary allocations for space operations
(Earth-to-space) (space-to-space), space research (Earth-to-space)
(space-to-space), or Earth exploration-satellite
[[Page 30874]]
service (Earth-to-space) (space-to-space). Federal agencies operate
earth stations in this band for tracking and command of manned and
unmanned Earth-orbiting satellites and space vehicles either for Earth-
to-space links for satellites in all types of orbits or through space-
to-space links using TDRSS. In addition, the National Oceanic and
Atmospheric Administration (NOAA) operates earth stations in this band
to control the Geostationary Operational Environmental Satellite (GOES)
and Polar Operational Environmental Satellite (POES) meteorological
satellite systems. To facilitate the relocation of military operations
from the 2155-2180 MHz band, the 2025-2110 MHz band also includes a
primary Federal allocation for fixed and mobile services, restricted to
use by the military services and subject to certain provisions codified
in footnote US92 of the U.S. Table.
92. Emission mask. The most analogous authorized Federal operation
in the 2025-2110 MHz band is earth station telecommand transmissions to
spacecraft, which operate under space operations rules. As discussed
above, NTIA requires that earth and space stations in the space
operations service above 470 MHz comply with the emissions mask
standards established in section 5.6.2 of the NTIA Manual. Section
5.6.2 provides that for frequencies offset from the assigned frequency
less than the 50 percent of the necessary bandwidth, no attenuation is
required. At a frequency offset equal to 50 percent of the necessary
bandwidth, an attenuation of at least 8 dB is required. Frequencies
offset more than 50 percent of the necessary bandwidth should be
attenuated in accordance with a specified formula dependent on
necessary bandwidth and frequency displaced from the center of the
emission bandwidth.
93. Consistent with the Commission's general approach, the
Commission proposes to adopt the NTIA's emissions mask described above
for commercial space launch transmissions in the 2025-2110 MHz band,
except that the Commission proposes to apply attenuation requirements
to the licensee's assigned frequencies rather than requiring a separate
calculation of necessary bandwidth. The Commission seeks comment on
this proposal, and on whether the Commission should adopt an
alternative emissions mask.
94. Power limits. NTIA requires that the EIRP transmitted in any
direction towards the horizon by a Federal earth station in bands
between 1 GHz and 15 GHz that are shared with stations in the fixed or
mobile service, which includes the 2025-2110 MHz band, shall not (with
limited exceptions) exceed the following limits:
+40 dBW in any 4 kHz band for u +40+3u dBW in any 4 kHz band for 0[deg] http://apps.fcc.gov/ecfs//.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
Filings can be sent by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 45 L Street NE, Washington, DC 20554.
Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19.
[[Page 30879]]
See FCC Announces Closure of FCC Headquarters Open Window and Change in
Hand-Delivery Policy, Public Notice, DA 20-304 (March 19, 2020),
https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
During the time the Commission's building is closed to the
general public and until further notice, if more than one docket or
rulemaking number appears in the caption of a proceeding, paper filers
need not submit two additional copies for each additional docket or
rulemaking number; an original and one copy are sufficient.
After COVID-19 restrictions are lifted, the Commission has
established that hand-carried documents are to be filed at the
Commission's office located at 9050 Junction Drive, Annapolis Junction,
MD 20701. This will be the only location where hand-carried paper
filings for the Commission will be accepted.
125. People with Disabilities. To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to [email protected] or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
126. Initial Regulatory Flexibility Analysis. As required by the
Regulatory Flexibility Act, the Commission has prepared an Initial
Regulatory Flexibility Analysis (IRFA) of the possible significant
economic impact on a substantial number of small entities of the
proposals addressed in this Notice of Proposed Rulemaking. The IRFA is
set forth in Appendix E of this Further Notice of Proposed Rulemaking.
Written public comments are requested on the IRFA. These comments must
be filed in accordance with the same filing deadlines for comments on
the Further Notice of Proposed Rulemaking, and should have a separate
and distinct heading designating them as responses to the IRFA. The
Commission's Consumer and Governmental Affairs Bureau, Reference
Information Center, will send a copy of this Further Notice of Proposed
Rulemaking, including the IRFA, to the Chief Counsel for Advocacy of
the Small Business Administration in accordance with the Regulatory
Flexibility Act.
127. Paperwork Reduction Act Analysis. This Further Notice of
Proposed Rulemaking contains 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 document, 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)), the Commission seeks specific comment on how it
might further reduce the information collection burden for small
business concerns with fewer than 25 employees.
Ordering Clauses
128. Accordingly, It is ordered that, pursuant to sections 1, 2,
4(i), 5(c), 301, 303(c), 303(f), and 303(r) of the Communications Act
of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 155(c), 301, 303(c),
303(f), and 303(r), and Sec. 1.411 of the Commission's rules, 47 CFR
1.411, this Report and Order and Further Notice of Proposed Rulemaking
is hereby adopted.
129. It is further ordered that the amendments of part 2 of the
Commission's rules, as set forth in Appendix A of the Report and Order
and Further Notice of Proposed Rulemaking, are adopted, effective
thirty (30) days after publication in the Federal Register.
130. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Report and Order and Further Notice of Proposed
Rulemaking, including the Final and Initial Regulatory Flexibility
Analyses, to the Chief Counsel for Advocacy of the Small Business
Administration.
131. It is further ordered that the Commission shall send a copy of
this 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).
Federal Communications Commission.
Marlene Dortch,
Secretary.
List of Subjects
47 CFR Part 2
Communications equipment, Radio, Telecommunications.
47 CFR Part 87
Communications equipment, Radio.
47 CFR Part 90
Communications equipment, Radio, Telecommunications.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR parts 2, 87, and 90
as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
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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.
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2. Section 2.106, the Table of Frequency Allocations, is amended by:
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a. Revising pages 26, 28, 36, 37, 43, and 44; and
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b. In the list of United States (US) Footnotes:
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i. Adding footnote US68;
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ii. Revising footnote US96;
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iii. Adding footnote US121; and
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iv. Revising footnote US319.
The revisions and additions read as follows:
Sec. 2.106 Table of Frequency Allocations.
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United States (US) Footnotes
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US68 The band 420-430 MHz is allocated to the aeronautical mobile
service on a primary basis for non-Federal use. Non-Federal stations in
the aeronautical mobile service shall be:
(a) Restricted to use for pre-launch testing of launch vehicles and
sending flight termination signals to launch vehicles during launches;
and
(b) Subject to coordination with NTIA prior to each launch.
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US96 The band 2200-2290 MHz is allocated to the space operation
(space-to-Earth) and the mobile services on a secondary basis for non-
Federal use. Non-Federal stations in the space operation and mobile
services shall be:
(a) Restricted to use for pre-launch testing and space launch
operations except as provided under US303; and
(b) Subject to coordination with NTIA prior to each launch.
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US121 The band 5650-5925 MHz is allocated to the radiolocation
service on a primary basis for non-Federal use. Non-Federal stations in
the radiolocation service shall be:
(a) Restricted to use for pre-launch testing and tracking launch
vehicles; and
(b) Subject to coordination with NTIA prior to each launch.
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US319 In the bands 137-138 MHz, 148-149.9 MHz, 149.9-150.05 MHz,
400.15-401 MHz, 1610-1626.5 MHz, and 2483.5-2500 MHz, Federal stations
in the mobile-satellite service shall be limited to earth stations
operating with non-Federal space stations.
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PART 87--AVIATION SERVICES
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3. The authority citation for part 87 continues to read as follows:
Authority: 47 U.S.C. 154, 303 and 307(e), unless otherwise
noted.
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4. Add subpart U, consisting of Sec. Sec. 87.601 through 87.606, to
read as follows:
Subpart U--Commercial Space Launch Stations
Sec.
87.601 Scope of service.
87.602 Supplemental eligibility.
87.603 Frequencies.
Technical Regulations Governing the Use of 420-430 MHz, 2025-2110 MHz,
and 2200-2290 MHz Bands
87.604 Frequency coordination.
87.605 Emission masks.
87.606 Power limits.
Subpart U--Commercial Space Launch Stations
Sec. 87.601 Scope of service.
Commercial space launch stations are restricted to the following
uses:
(a) 420-430 MHz band. The use of commercial space launch licenses
in the 420-430 MHz band is restricted to the transmission of flight
termination signals during pre-launch testing and launch operations.
(b) 2025-2110 MHz band. The use of commercial space launch licenses
in the 2025-2110 MHz band is restricted to telecommand uplink
transmissions from the controllers on the ground to the launch vehicle.
(c) 2200-2290 MHz band. The use of commercial space launch licenses
in the 2200-2290 MHz band is restricted to the transmission of
telemetry data from the launch vehicle to controllers on the ground.
Sec. 87.602 Supplemental eligibility.
(a) The following entities are eligible for commercial space launch
licenses:
(1) An operator or manufacturer of commercial spacecraft or
spacecraft components;
(2) A parent corporation or its subsidiary if either corporation is
an operator or manufacturer of spacecraft or spacecraft components; or
(3) An educational institution or a person primarily engaged in the
design, development, modification, and flight test evaluation of
spacecraft or spacecraft components.
(b) Each application must include a certification sufficient to
establish the applicant's eligibility under the criteria in paragraph
(a) of this section.
Sec. 87.603 Frequencies.
Commercial space launch operations are conducted in the 420-430
MHz, 2025-2110 MHz, and 2200-2290 MHz bands on a co-equal basis with
U.S. Government stations. Frequencies in the 420-430 MHz, 2025-2110
MHz, and 2200-2290 MHz bands are assigned for telemetry and telecommand
operations of expendable and re-usable launch vehicles:
(a) 420-430 MHz. Frequencies in the 420-430 MHz band are assigned
on a shared basis for the transmission of flight termination signals
during pre-launch testing and launch operations.
(b) 2025-2110 MHz. Frequencies in the 2025-2110 MHz band are
assigned on a shared basis for telecommand uplink transmissions from
the controllers on the ground to the launch vehicle.
(c) 2200-2290 MHz. Frequencies in the 2200-2290 MHz band are
assigned on a shared basis for the transmission of telemetry data from
the launch vehicle to controllers on the ground.
Technical Regulations Governing the Use of 420-430 MHz, 2025-2110 MHz,
and 2200-2290 MHz Bands
Sec. 87.604 Frequency coordination.
(a)(1) Each application for a new station license, renewal, or
modification of an existing license concerning commercial space launch
frequencies, except as provided in paragraph (b) of this section, must
be accompanied by a statement from a frequency advisory committee. The
committee must comment on the frequencies requested or the proposed
changes in the authorized station and the probable interference to
existing stations. The committee must consider all stations operating
on the frequencies requested or assigned within 320 km (200 mi) of the
proposed area of operation and all prior coordinations and assignments
on the proposed frequency(ies). The committee must also recommend
frequencies resulting in the minimum interference. The committee must
coordinate in writing all requests for frequencies or proposed
operating changes with the responsible Government Area Frequency
Coordinators listed in the NTIA ``Manual of Regulations and Procedures
for Federal Radio Frequency Management.'' In addition, committee
recommendations may include comments on other technical factors and may
contain recommended restrictions which it believes should appear on the
license.
(2) The frequency advisory committee must be organized to represent
all persons who are eligible for non-Government space launch stations.
A statement of the organization service area and composition of the
committee must be submitted to the Commission for approval. The
functions of any advisory committee are purely advisory to the
applicant and the Commission, and its recommendations are not binding
upon either the applicant or the Commission.
(b) These applications need not be accompanied by evidence of
frequency coordination:
(1) Any application for modification not involving change in
frequency(ies), power, emission, antenna height, antenna location, or
area of operation.
(2) [Reserved]
Sec. 87.605 Emission masks.
(a) 420-430 MHz. The mean power of any emission supplied to the
antenna
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transmission line, as compared with the mean power of the fundamental,
in the 420-430 MHz band of the Commercial Space Launch Service must be
in accordance with the following:
(1) On any frequency removed from the assigned frequency by more
than 75 percent, up to and including 150 percent, of the authorized
bandwidth, at least 25 decibels attenuation;
(2) On any frequency removed from the assigned frequency by more
than 150 percent, up to and including 300 percent, of the authorized
bandwidth, at least 35 decibels attenuation; and
(3) On any frequency removed from the assigned frequency by more
than 300 percent of the authorized bandwidth, two levels of attenuation
depending on whether the transmitter operates with mean power of:
(i) Less than 5 kilowatts; or
(ii) 5 kilowatts or greater.
(b) 2025-2110 MHz. For frequencies offset from the assigned
frequency less than the 50 percent of the necessary bandwidth, no
attenuation is required. At a frequency offset equal to 50 percent of
the necessary bandwidth, an attenuation of at least 8 dB is required.
Frequencies offset more than 50 percent of the necessary bandwidth
shall be attenuated in accordance with a specified formula dependent on
necessary bandwidth and frequency displaced from the center of the
emission bandwidth.
(c) 2200-2290 MHz. All spectral components larger than -[55 +
10xlog(P)] dBc (i.e., larger than -25 dBm) at the transmitter output
must be within the spectral mask calculated using the following
equation:
M(f) = K + 90 log(R)-100 log [verbar]f-fc[verbar] Eqn. A-9
where
M(f) = power (dBc) at frequency f (MHz)
K = -20 for analog signals
K = -28 for binary signals
K = -61 for FQPSK-B, FQPSK-JR, SOQPSK-TG
K = -73 for ARTM CPM
fc = transmitter center frequency (MHz)
R = bit rate (Mbps) for digital signals or ([Delta]f +fmax)(MHz) for
analog FM signals
M = number of states in modulating signal (m = 2 for binary signals,
m = 4 for quaternary signals and analog signals)
f = peak deviation
fmax = maximum modulation frequency
Sec. 87.606 Power limits.
(a) 420-430 MHz. The effective radiated power of a transmitter in
the 420-430 MHz band of the Space Operation Service shall not exceed
1000 Watts.
(b) 2025-2110 MHz. The effective radiated power of a transmitter in
the 2025-2110 MHz band of the Space Operation Service shall not (with
limited exceptions) exceed the following limits:
(i) +40 dBW in any 4 kHz band for u
